Amendment 0004_01 56 10.00 18.pdf

FY26 Sea Bright to Manasquan Renourishment SEABRIGHTRENOUR Amendment 002 08/06/26

SECTION 01 56 10.00 18

ENDANGERED SPECIES OBSERVERS (HOPPER DREDGES ONLY)

PART 1 GENERAL

1.1 PURPOSE

The Contractor shall conduct sea turtle, Atlantic sturgeon, and whale monitoring on board the Contractor's dredge. The Contractor shall 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 hopper at all times to inspect the draghead screen every time it is removed from the water.

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 shall complete the following:

3.1.1 Site Description/Background

Endangered species observers will report as directed by the Contracting Officer. The hopper dredge will be placing sand along designated areas on the beach from Sea Bright to Manasquan Reach in New Jersey. Sand will be dredged from offshore borrow area as indicated and placed onto the above-mentioned areas as shown on the drawings.

3.1.2 Endangered Species Protection

The Contractor shall 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 shall 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.

The hopper dredge must be equipped with a rigid sea turtle deflector draghead as designed by the USACE Engineering Research and Development Center, formerly the Waterways Experimental Station (WES), or if that is unavailable, a rigid sea turtle deflector attached to the draghead.

1. All dredges will be equipped with turtle/sturgeon deflectors that have been properly installed in front of the draghead and will be used at all times.

2. Starting immediately upon project commencement, all project 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. The draghead will remain on the bottom at all times during a pumping action except when: the dredge is not in pumping operation, or, the pumps are completely shut off; the dredge is being re-oriented to the next dredge line during dredging activities; or the vessel's safety is at risk.

4. Upon completion of the dredge track line, the drag tender will throttle back on the RPMs of the suction pump engine to idle speed prior to raising the draghead off the bottom so that no flow of material is coming through the pipe into the hopper. Prior to raising the draghead, no suction will remain in the draghead or the dragarm in order to prevent impingement during the dragarm lifting phase. Prior to actual lifting of the dragarm from the bottom, the draghead will be held firmly on the bottom for 10 to 15 seconds (with no suction) then lifted rapidly to midwater to further reduce the potential for an interaction with an ESA-listed species. The dredge will then be re-oriented quickly to the next dredge line and the draghead will be firmly repositioned on the bottom before bringing the suction pump up to pumping speed.

3.1.3 Project Biologist Contact Information

The Project Biologist are

1. Jeffrey Fry, (917) 790-8616, Jeffrey.Fry@usace.army.mil

2. Jenine Gallo, (917) 886-7055, jenine.gallo@usace.army.mil

3. Katherine Pijanowski, (917) 790-8520, katherine.pijanowski@usace.army.mil

3.1.4 Accommodations for Endangered Species Observers

The Contractor shall provide the following to endangered species observers:

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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 Paragraph 3.1.5 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. In addition to inspecting the baskets, the draghead/UXO screen must be inspected for endangered species/fragments each time it is removed from the water.

Sea turtle deflectors must also be checked and/or adjusted by a person knowledgeable in the deployment and operation of the deflector prior to a dredge operation to ensure proper installation and operation during dredging. The deflector must be checked after every load throughout the dredge operation to ensure proper installation is maintained; operators must be properly instructed in its use to ensure effectiveness and maintain protection of sea turtles and Atlantic sturgeon.

The UXO screens must also be inspected and/or adjusted by a person knowledgeable in the deployment and operation of the screen prior to a dredge operation to ensure proper installment and operation during dredging.

The observer shall check the UXO screen after every load (e.g., every time the dragarm is lifted out of the water) throughout the dredge operation to ensure proper installation is maintained and deployed in a manner that will reduce the risks of interactions with sea turtles and Atlantic sturgeon (e.g., any missing bars shall be repaired, etc).

After every load, condition of the UXO screen must be recorded on a checklist, as well as any repairs made. As part of the required Contractor's Quality Control Plan, and at least three weeks prior to commencement of dredging, the contractor shall submit a checklist to implement this condition, subject to approval of the Government. For efficiency, the Contractor may choose to incorporate the checklist into the existing Dredge Observer Form. In addition to any other submission requirements noted elsewhere in this solicitation, these observer reports will be compiled and attached to the contractor's daily Quality Control report for submission to the Government.

c. The Contractor will inspect baskets and UXO screens to ensure that they are functional and meet specifications as described in paragraph

3.1.7 below.

D. The Contractor will provide additional man power resources from the dredge crew to assist endangered species observers. Endangered

SECTION 01 56 10.00 18 Page 3 species observers and the Project Biologist will determine if assistance is needed. Additional man power may be needed for, but is not limited to, the following:

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

ii. Installing and maintaining sufficient lighting.

3.1.6 Detail Criteria for Endangered Species Observers

Endangered species observers shall:

a. Initiate endangered species monitoring at 00:00 hours on 1 January of each calendar year and continues 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 (Appendix C) for each load.

Condition of the UXO screen and 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

8. The condition of the UXO screen and sea turtle deflector

e. Fill out a Dredge Observer Form (Appendix C) and an Incident Report of Sea Turtle Take (Appendix D) and or Incident Report of Atlantic Sturgeon Take (Appendix E) form, and follow procedures in paragraph

3.1.7 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 LARGE WHALE OBSERVATION DATA (Appendix F) form. Right whales are likely to be present 1 November through 30 April; fin and humpback whales are most

SECTION 01 56 10.00 18 Page 4 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 Project Biologist. A log of dredged material per load (cubic yardage) must also be submitted daily.

h. Input all Protected Species Observer (PSO) data daily to the USACE ERDC ODESS system.

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 shall:

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 Appendix B).

The USACE Project 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 draghead of a hopper dredge must be photographed and measured (if possible), and released immediately overboard while the dredge is not operating.

b. Contact the Project 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 describes 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 shall be submitted to the Project 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

SECTION 01 56 10.00 18 Page 5 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 Project Biologist; The "Incidental Report of Atlantic Sturgeon Take" and "Sturgeon Salvage" forms must be submitted to the Project Biologist. Sturgeon: 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 "Incidental Report of Atlantic Sturgeon Take" and "Sturgeon Salvage" forms must be submitted to the Project Biologist. The attached Sturgeon Salvage Form and Incident Report of Atlantic Sturgeon Take must be completed and submitted to the Project 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 Hopper Dredge Modifications/Equipment Specifications and Protocol

The Contractor shall:

a. Install baskets or screens over the hopper inflow and overflow, and any openings that are present along the inflow pipe infrastructure to ensure one-hundred (100) percent screening of dredge material. Hopper dredges not capable of screening both inflow and overflow of dredge material will not be accepted under this contract. Baskets or screens or inflow openings shall have openings that do not exceed four (4) inches by four (4) inches except as indicated in Section 31 24 00.00 18 .

The design and method of fabrication will depend on the construction of the dredge being used and shall be subject to approval by the Contracting Office, upon referral with the Project Biologist. Baskets and/or screens shall remain in place during all dredging operations during monitoring weeks from 0000 Hours 1 January to 31 December of the calendar year. Metal that is resistant to erosion from sandblasting will be used to fabricate baskets or screens.

3.1.9 Special Dredge Operating Requirements

The Contractor shall follow MONITORING SPECIFICATIONS FOR HOPPER DREDGES (Appendix A) and outlined here:

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 Project Biologist will determine if additional time is needed.

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

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

Endangered species observers and the Project Biologist will determine if repairs meet specifications as defined in paragraph 3.1.7 above.

Endangered species observers shall notify the Contracting Officer's representative and the Project 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.

e. Endangered Species Hopper Dredge Protocol. The following protocol for Hopper Dredges will minimize the potential for entrainment of a turtle or sturgeon. Recent information suggests that the risk of entrainment is highest when the bottom terrain is uneven or when the dredge is conducting "clean up" operations at the end of a dredge cycle when the bottom is trenched and the dredge is working to level out the bottom. In these instances, it is difficult for the dredge operator to keep the draghead buried in the sand and sea turtles and Atlantic sturgeon near the bottom may be more vulnerable to entrainment.

Draghead:

The draghead of the dredge shall remain on the bottom at all times during a pumping operation, except when:

1) The dredge is not in a pumping operation, and the suction pumps are tuned completely off;

2) The dredge is being reoriented to the next dredge line during borrow activities; and

3 The vessel's safety is at risk (i.e., the dragarm is trailing too far under the ship's hull.

At the initiation of dredging, the draghead shall be placed on the bottom during priming of the suction pump. If the draghead and/or dragarm become clogged during dredging, the pump shall be shut down, the dragarms raised, whereby the draghead and/or dragarm can be flushed out by trailing the dragarm alongside the ship. If plugging conditions persist the draghead shall be placed on deck, whereby sufficient numbers of water ports can be opened on the draghead to prevent future plugging.

Upon completion of a dredge track line, the drag tender shall:

Throttle back on the RPMs of the suction pump engine to an idling speed (e.g., generally less than 100 RMPs) prior to raising the draghead off the bottom, so that no flow of material is coming through the pipe into the dredge hopper. Before the draghead is raised, the vacuum gage on the pipe should read zero, so that no suction exists both in the dragarm and draghead, and no suction force exists that can impinge a turtle on the draghead grate;

Hold the draghead firmly on the bottom with no flow conditions for approximately 10 to 15 seconds before raising the draghead; then, raise the draghead quickly off the bottom and up to a mid-water column level, to further reduce the potential for any adverse interaction

SECTION 01 56 10.00 18 Page 7 with nearby turtles;

Reorient the dredge quickly to the next dredge line; and

Reposition the draghead firmly on the bottom prior to bringing the dredge pump to normal pumping speed and restarting the dredging activity.

3.1.10 Reporting

The Contractor shall follow the reporting procedures listed below:

a. A Dredge Observer Form (Appendix C) is provided and shall 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 shall be completed for every cycle (load), whether whales are present or not.

b. All data in the original form shall 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 Project Biologist.

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

c. Liaison with the Project Biologist shall 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 Project Biologist and the Contracting Officer.

d. The detailed season summary report shall be submitted to the Project Biologist by 01 December of each calendar year. In addition, report must be entered into the USACE ERDC ODESS database.

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

f: Contractors Landside and Marine Equipment Support for Whale Strandings and other protected Marine mammal species, such as dolphin and seals:

The Contractor shall provide use of all available equipment under contract to USACE at the direction of the COR so as to assist the NMFS Northeast Whale Stranding Response Team (NEWST) in responding to whale strandings on/within the project site.

3.1.11 Use WhaleMap app to track nearby whales

This support, to occur only at the direction of the COR, and in collaboration with the NEWST, shall not impinge on the project construction schedule, and is limited to utilization of available Contractors equipment to guide, lift, drag or move a whale in assistance

SECTION 01 56 10.00 18 Page 8 to the NEWST endeavors to protect (provide buffer, barrier) for stranded live seals or dolphins or to push a live whale back into the water, or manipulate (eg. lift, roll, rotate) a beached dead whale so as to permit the NEWST necropsy team to access organs vital to their analyses.

https://whalemap.org/WhaleMap

3.1.12 Inspections by the Project Biologist

At the start of dredging the Project Biologist will inspect the dredge vessel to ensure that all criteria and modifications have been met. At the Project Biologist's discretion, he may make inspections to ensure that the endangered species observation program is being properly executed. The Contractor will provide the Project Biologist with accommodations as defined in paragraph 3.1.4 above.

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