01 56 10.00 18.pdf

FIMP Contract 1 FIMPCT1

100% SPECIFICATIONS - RTA AMENDMENT 3

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ENDANGERED SPECIES OBSERVERSENDANGERED SPECIES OBSERVERS (HOPPER DREDGES)

PART 1 GENERAL

1.1 PURPOSE

The Contractor must conduct sea turtle, Atlantic sturgeon and whale monitoring on board the Contractor's dredge. The Contractor must supply endangered species observers to be placed aboard the dredging vessel to monitor for the presence of sea turtles and Atlantic sturgeon, and record the observation of whales.

Endangered species observers must be knowledgeable in endangered species identification (e.g., Atlantic sturgeon; Kemp's ridley, loggerhead, leatherback and green sea turtles; and right, humpback and fin whales) and will be present onboard the dredge at all times for inspection purposes..

Observers are required to be onboard year-round.

1.2 PAYMENT

No separate payment or direct payment will be made for the cost of the work covered under this section, and such work will be considered as a subsidiary obligation of the Contractor.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 DETAIL REQUIREMENTS

The Contractor must complete the following:

3.1.1 Site Description/Background

Endangered species observers will report as directed by the Contracting Officer. The dredge will be placing sand along designated areas on the beach in area as shown on the contract plans, in Suffolk County, New York.

Sand will be dredged from channel, deposition basins and ebb shoal areas, See section 00 90 03 and placed onto the above-mentioned areas as shown on the drawings.

3.1.2 Endangered Species Protection

The Contractor must provide education material to all dredge personnel on sea turtles, Atlantic sturgeon and whales, and instruct the dredge operator in the proper procedures used for documenting any whale sightings. Said material will be provided by endangered species observers.

The dredge operator and endangered species observers are responsible for recording the presence of any whales within or around the entire project site, and to ensure that when whales are spotted that the vessel is slowed to 10 knots or less, and to maneuver safely to reduce the risk of a ship strike. The Contractor must advise all dredge personnel that there are

SECTION 01 56 10.00 18 Page 1 civil and criminal penalties for harming, harassing or killing sea turtles, Atlantic sturgeon and whales that are protected under the Endangered Species Act.

2. Starting immediately upon project commencement, all project dredging vessels will have an on deck observer to monitor for Atlantic sturgeon, sea turtles, and whales. Monitoring requirements include checking for turtles or sturgeon (whole or parts) impinged on the draghead, in the hopper, and swimming/present at or near the surface.

If the observer on board observes a whale in the vicinity of the vessel during transit throughout the project area, maximum vessel speeds will be limited to 10 knots. If a right whale is observed, the vessel will maintain a 500 yard buffer from the whale. For all other whale species, a 100 yard buffer will be maintained.

3.1.3 District Biologist Contact Information

The District Biologist is Robert Smith, 917-790-8729, E-Mail:

Robert.j.Smith@usace.army.mil

3.1.4 Accommodations for Endangered Species Observers

The Contractor must provide the following to endangered species observers:

a. Separate and private sleeping quarters, bathroom and shower facility for exclusive use of endangered species observers.

b. Accommodations and meals which are equal to that which the dredge officers receive.

c. Transportation to and from the dredge vessel and the mainland.

3.1.5 Provisions of Endangered Species Observers Monitoring

a. The Contractor will provide endangered species observers on-board the dredge vessel to provide observation coverage one hundred (100) percent of the total dredging time from 0000 Hours 1 January to 2400 Hours 31 December of the calendar year, see the Provisions of Endangered Species Observers Monitoring Paragraph, item b).

b. Endangered species observers will check for the presence of Atlantic sturgeon and sea turtles, and fragments of Atlantic sturgeon and sea turtles entrained with the dredge materials brought on-board the dredge or seen in the vicinity of the dredging vessel.

c. The Contractor will inspect all applicable equipment to ensure that they are functional and meet specifications as described in the Disposition of Atlantic Sturgeon or Sea Turtle Parts paragraph below.

The Contractor will provide additional resources from the dredge crew to assist endangered species observers. Endangered species observers and the District Biologist will determine if assistance is needed. Additional resources may be needed for, but is not limited to, the following:

i. Cleaning, fixing, deploying and emptying specimen collection equipment.

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ii. Installing and maintaining sufficient lighting.

3.1.6 Detail Criteria for Endangered Species Observers

Endangered species observers must:

a. Initiate endangered species monitoring at 00:00 hours on 1 January of each calendar year and continue through 2400 hours on 31 December of each calendar year.

b. Conduct subsequent monitoring so that the total aggregate time onboard the dredge equals one hundred (100) percent of total time of the dredging operation.

c. Fill out a Dredge Observer Form for each load (see attachments).

Condition of the sea turtle deflector must be recorded on the form each time it is lifted from the water and the observer must alert the appropriate crew members if the screen is damaged. The screen must be repaired as soon as possible to avoid possible unintentional entrainment of turtles or sturgeon.

d. Record the following information on the Dredge Observer Form if any endangered or threatened species is sighted:

1. Date, time, coordinates of vessel

2. Visibility, weather, sea state

3. Vector of Sighting (distance, bearing)

4. Duration of Sighting

5. Species and number of animals

6. Observed Behaviors (feeding, diving, breaching, etc)

7. Description of interaction with the operation

e. Fill out a Dredge Observer Form and an Incident Report of Sea Turtle or Atlantic Sturgeon Mortality Sheet (see attachments), and follow procedures in the Disposition of Atlantic Sturgeon or Sea Turtle Parts paragraph below, if a sea turtle or Atlantic sturgeon is taken. Sea turtles may be present in NY/NJ waters from May-November, and Atlantic sturgeon may be present year-round.

f. Observe for the presence of whales at all times in which each species are likely to be present and fill out a Daily Whale Reporting Log (see attachments). Right whales are likely to be present 1 November through 30 April; fin and humpback whales are most likely to be present in the spring, summer and fall; however, individual transient right, humpback and fin whales could be present in NY/NJ waters outside of these time frames as the area may be used by whales moving between calving/mating grounds and foraging grounds.

g. Dredge observer forms must be emailed daily to the Contracting Officer and District Biologist. A log of dredged material per load (cubic yardage) must also be submitted daily.

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3.1.7 Disposition of Atlantic Sturgeon or Sea Turtle Parts

Should an incidental take of an Atlantic sturgeon or a sea turtle occur, endangered species observers must:

a. Ensure that all measures are taken to protect any individual sturgeon or turtle that survives impingement on the hopper dredge:

i. Turtles: The procedures for handling live sea turtles must be followed in the unlikely event that a sea turtle survives impingement on the dredge (see attached Sea Turtle Handling and Resuscitation form).

The USACE District Biologist must be contacted immediately to discuss the transfer of the animal to an appropriate permitted rehabilitation facility. All sea turtles captured must be retained until further coordination with NMFS.

ii. Sturgeon: Any live sturgeon impinged on the dredge must be photographed and measured (if possible), and a fin clip obtained and then released immediately overboard while the dredge is not operating (see attachment: NMFS 2020 Biological Opinion containing Terms and Conditions and Reasonable and Prudent Measures, Table 33, pp. 163-173, and specimen collection protocols).

b. Contact the District Biologist immediately if any whole sea turtles or Atlantic sturgeon (alive or dead, decomposed or fresh) or turtle or sturgeon parts are taken incidental to the project. If the Biologist cannot be reached, the COR must be contacted since it is critical that NMFS be contacted within 24 hours of the take by a District representative.

c. Photograph, using a digital camera, all whole dead Sea turtles or Atlantic sturgeon, or turtle or sturgeon parts, and describe in detail the findings on the attached Incident Report of Sea Turtle or Atlantic Sturgeon Mortality and Atlantic Sturgeon Salvage Forms. The photographs and reports must be submitted to the District Biologist for submission to NMFS.

d. In the event of any lethal takes of Atlantic sturgeon or sea turtles:

i. Turtles: any dead specimens or body parts must be photographed, measured, and preserved (refrigerate or freeze) until disposal procedures are discussed with the Project Biologist. The attached Incident Report of Sea Turtle Take must be completed and submitted to the Project Biologist within 5 hours after the observation, along with photographs and turtle measurements. The observer must record whether or not the turtle or turtle parts are considered not fresh (i.e., they were obviously dead prior to observation on the dredge as evidenced by foul odor; necrotic dark or decaying tissue; atypical coloration; opaque eyes, etc.). The observer must also record the amount of material dredged and the amount of material remaining to be dredged during the dredge cycle in which the turtle was found.

ii. Sturgeon: any dead specimens or body parts must be photographed, measured and preserved (refrigerate or freeze) until disposal procedures are discussed with the District Biologist; The "Incidental Report of Atlantic Sturgeon Take" and "Sturgeon

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Salvage" forms must be submitted to the District Biologist.

Sturgeon: any dead specimens or body parts must be photographed, measured and preserved (refrigerate or freeze) until disposal procedures are discussed with the District Biologist; The "Incidental Report of Atlantic Sturgeon Take" and "Sturgeon Salvage" forms must be submitted to the District Biologist. The attached Sturgeon Salvage Form and Incident Report of Atlantic Sturgeon Take must be completed and submitted to the District Biologist within 5 hours after the observation, along with photographs and sturgeon measurements. The observer must record whether or not the sturgeon or sturgeon body parts are considered not fresh (i.e., they were obviously dead prior to observation on the dredge as evidenced by foul odor; necrotic dark or decaying tissue; sloughing of scutes; atypical coloration; opaque eyes;

etc). The observer must also record the amount of material dredged and the amount of material remaining to be dredged during the dredge cycle in which the sturgeon was found.

3.1.8 Special Dredge Operating Requirements

3.1.8.1 Endanger Species Requirements

The Contractor must:

a. Allocate sufficient time for endangered species observers to examine dredged material that was collected and document findings before initiating pump-out of dredge material. Endangered species observers and the District Biologist will determine if additional time is needed.

b. Undertake evasive maneuvers to avoid collision with sea turtles, Atlantic sturgeon and whales.

c. Repair baskets or screens before the next dredge cycle begins.

Endangered species observers and the District Biologist will determine if repairs meet specifications as defined in the Disposition of Atlantic Sturgeon or Sea Turtle Parts paragraph above. Endangered species observers must notify the Contracting Officer's representative and the District Biologist as soon as possible, if dredge proceeds before repairs are made.

d. Keep adequate supply of repair material for baskets or screen in stock on the vessel.

3.1.9 Reporting

The Contractor must follow the reporting procedures listed below:

a. A Dredge Observer Form is provided (see attachment) and must be completed for every cycle (load), whether sea turtles or Atlantic sturgeon are present or not. A separate Large Whale Observation Data form is provided and must be completed for every cycle (load), whether whales are present or not.

b. All data in the original form must be submitted directly to the Contracting Officer at the end of each monitoring week, along with a summary of the total volume of material dredged during the monitoring week.

Copies of the data will be supplied to the District Biologist.

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Following completion of the project, a copy of the Contractor's log regarding sea turtles, Atlantic sturgeon, and whales must be forwarded to the District Biologist.

c. Liaison with the District Biologist must be maintained to avoid problems with execution of this endangered species observation program, and to ensure compliance with prescribed Corps of Engineers policies and procedures. It will be the responsibility of the Contractor to report significant developments to the District Biologist and the Contracting Officer.

d. The detailed season summary report must be submitted to the District Biologist by 01 December of each calendar year.

e. Any sighting of an injured or incapacitated sea turtle or whale will be reported immediately by the Contractor to the District Biologist.

3.1.10 Inspections by the Project Biologist

At the start of dredging, the District Biologist will inspect the dredge vessel to ensure that all criteria and modifications have been met.

Inspections may be performed at the District Biologist's discretion to ensure that the endangered species observation program is being properly executed. The Contractor will provide the District Biologist with accommodations as defined in the District Biologist Contact Information paragraph. .

3.1.11 Cutterhead/Pipeline Dredge Requirements

The Contractor's cutterhead dredge operators must use best management practices (BMPs), including slowing down to 4 knots should listed species be observed, which will minimize the likelihood of take. This represents only a minor change as following these procedures should not increase the cost of the dredging operation or result in delays or reduction of efficiency of the dredging project. If listed species (e.g., Atlantic sturgeon; Kemp's ridley, loggerhead, leatherback, and green sea turtles;

and right, humpback and fin whales) are present during dredging or material transport, vessels transiting the area must post a bridge watch, avoid intentional approaches closer than 100 yards when in transit, and reduce speeds to below 4 knots if bridge watch identifies a listed species in the immediate vicinity of the dredge as determined by the line of sight from the vessel bridge.

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