B.08 W912EP23B0010 Amed 0004 .pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

COASTAL STORM RISK MANGEMENT PROJECT SOUTH PONTE VEDRA AND VILANO BEACHES RENOURISHMENT 2023 ST. JOHNS COUNTY FLORIDA

See SF 30 continuation sheet for additional details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 40

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912EP23B0010

X 9B. DATED (SEE ITEM 11)

28-Mar-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

05-May-2023

CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SF 30 CONTINUATION SHEET

Coastal Storm Risk Management Project South Ponte Vedra and Vilano Beaches

Renourishment 2023

St. Johns County Florida

Amendment 0004

W912EP23B0010 2 Amendment 0004

SUMMARY OF CHANGES

1. SPECIFICATIONS:

The text changes have been updated with additions noted by underlined text and deletions noted by line/cross-outs, and pertain only to changes made by this amendment. The entire section is replaced if there is any change.

Volume 1 of 2 – Technical Specifications:

NONE.

Volume 2 of 2 – Technical Specifications:

DELETE Section 01 11 00 and REPLACE with the attached revised Section 01 11 00.

DELETE Section 01 57 22 and REPLACE with the attached revised Section 01 57 22.

2. DRAWINGS:

NONE.

(End of Summary of Changes)

CSRM St. Johns County, SPV/Vilano Beaches

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 REFERENCES

1.2 WORK COVERED BY CONTRACT DOCUMENTS

1.2.1 Project Description

1.2.2 Location

1.2.3 Safety Requirements

1.2.4 Work Restrictions

1.2.5 Work Performed by Others

1.3 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

1.4 LIQUIDATED DAMAGES - CONSTRUCTION

1.5 PHYSICAL DATA

1.5.1 Physical Conditions

1.5.2 Weather, Water Stage and Tide Data

1.5.3 Contractor Investigation

1.5.4 Maritime Traffic

1.5.5 Obstruction of Channel

1.5.6 Hydrographic Surveys

1.6 LAYOUT OF WORK

1.6.1 Established Project Control

1.6.2 Layout

1.6.3 Survey

1.7 DAMAGE TO WORK

1.8 EXISTING WORK

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section Table of Contents --

SECTION 01 11 00 Page 1 W912EP23B0010 Amendment 0004

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

GDR Section 00 31 32, Geotechnical Data Report for Coastal Storm Risk Management Project South Ponte Vedra and Vilano Beach St.

Johns County, Florida

EM 385-1-1 Safety and Health Requirements Manual

1.2 WORK COVERED BY CONTRACT DOCUMENTS

1.2.1 Project Description

The proposed project will renourish approximately 3.0 miles of shoreline along portions of south Ponte Vedra and Vilano Beaches, in St. Johns County, Florida, between FDEP Range Monuments R-102.5 and R-117.5. The northernmost and southernmost approximately 1,000 feet of the fill area include tapers transitioning the beach from the berm template to the existing shoreline.

The project includes construction of both a dune and beach berm. Planting of dune vegetation will take place following completion of constructed segments. Sand for the project will be dredged from Borrow Area N-3, approximately 7.3 nautical miles offshore of St Johns County in Federal waters. Project work also includes, but is not limited to, beach tilling/vibration monitoring, turbidity monitoring, and environmental species monitoring.

1.2.2 Location

The project is located in south Ponte Vedra and Vilano Beaches in St.

Johns County Florida.

1.2.3 Safety Requirements

See Section 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS and EM 385-1-1 .

1.2.4 Work Restrictions

Construction (including) mobilization of equipment on the beach) may start no earlier than July 30 August 17 , 2023. See Section 01 57 20

ENVIRONMENTAL PROTECTION.

SECTION 01 11 00 Page 2

1.2.5 Work Performed by Others

See paragraph PROJECT COORDINATION of Section 01 30 00 ADMINISTRATIVE

PROCEDURES.

1.3 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

Read this paragraph in conjunction with the Clause COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) of Section 00700 CONTRACT CLAUSES in Volume 1.

1.4 LIQUIDATED DAMAGES - CONSTRUCTION

Refer to the Clause LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12) of Section 00700 CONTRACT CLAUSES in Volume 1.

1.5 PHYSICAL DATA

Read this paragraph in conjunction with the Clause PHYSICAL DATA (FAR 52.236-4) of Section 00700 CONTRACT CLAUSES in Volume 1.

1.5.1 Physical Conditions

The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and/or by core borings. When the indicated physical conditions are the result of site investigations by core borings, the core boring logs and laboratory data are in Section 00 31 32 GEOTECHNICAL DATA REPORT ( GDR) and the core boring locations are shown on the drawings. Also, see the GDR for instructions concerning availability of core borings for inspection.

1.5.2 Weather, Water Stage and Tide Data

See Section 00 33 50 WEATHER, WATER STAGE AND TIDE DATA.

1.5.3 Contractor Investigation

Refer to the Clause SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (FAR 52.236-3) of Section 00700 CONTRACT CLAUSES in Volume 1.

1.5.4 Maritime Traffic

Marine Traffic in the project area consists of Naval, cruise ships, commercial, pleasure, and small recreational vessels of all types and sizes which can be accommodated by existing depths.

1.5.5 Obstruction of Channel

The Government will not undertake to keep the channel free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917. Conduct the work in such manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of any vessels, promptly move said plant on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon completion of the work, promptly remove the plant, including ranges, buoys, piles, and other marks placed under the Contract in navigable waters or on shore.

SECTION 01 11 00 Page 3

1.5.6 Hydrographic Surveys

Hydrographic surveys are provided on the ehydro web site:

https://www.arcgis.com/apps/opsdashboard/index.html#/4b8f2ba307684cf597617bf1b6d2f85d Survey numbers are indicated on the drawings.

1.6 LAYOUT OF WORK

Read this paragraph in conjunction with the Clause LAYOUT OF WORK (FAR 52.236-17) of Section 00700 CONTRACT CLAUSES in Volume 1.

1.6.1 Established Project Control

The Government has established monuments along the work site(s). Each monument is represented in the contract drawings by a Designation and in most cases, an alphanumeric Permanent Identifier (PID). Information concerning the location and elevations can be found within the Survey Notes on the plan sheets. The Survey Notes for each included field survey will cite a particular survey number, and specify the control used to conduct that survey. Additional information is included in the Survey Notes that must be duplicated if an attempt to recreate the subject survey is desired.

For navigation channels, the Government has established tidal calibration sites for projects constructed and maintained to a tidal datum. Each tidal calibration site is represented in the plan sheet drawings by Station ID, and is cited in the Survey Notes. Calibrate all projects constructed and maintained to a tidal datum to the Station ID specified in the plan sheet drawings. Information regarding the location and associated benchmarks of the referenced Station ID is included in the Monument Description section of these specifications.

See Section 00 31 21 CONTROL MONUMENT DESCRIPTIONS.

1.6.2 Layout

From the monuments, control data and elevations established by the Government, complete the layout of the work and obtain all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the contract drawings, subject to such modifications as the Contracting Officer may require to meet changed conditions or as a result of necessary modifications to the contract work.

1.6.3 Survey

Provide equipment, tools, material, labor for laying out any part of the work from the monuments, control data, and elevations established by the Government. Maintain and preserve all monuments, stakes and other marks established by the Contracting Officer until authorized to remove them, and if such marks or monuments are destroyed by the Contractor or through negligence, prior to their authorized removal, they may be replaced by the Contracting Officer, at their discretion, and the expense of replacement will be deducted from any amounts due or to become due the Contractor.

The Contracting Officer may require that work be suspended at any time when location and limit marks established by the Contractor are not reasonably adequate to permit checking of the work.

SECTION 01 11 00 Page 4

1.7 DAMAGE TO WORK

The responsibility for damage to any part of the permanent work will be as set forth in Clause PERMITS AND RESPONSIBILITIES of Section 00700 CONTRACT CLAUSES in Volume 1. However, if, in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane, or tornado, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable Contract unit or job prices as fixed and established in the Contract. If, in the opinion of the Contracting Officer, there are no contract unit or job prices applicable to any part of such work, an equitable adjustment pursuant to Clause CHANGES of Section 00700 CONTRACT CLAUSES in Volume 1 will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable contract unit or job prices. Except as herein provided, repair damage to all work (including temporary construction), utilities, materials, equipment and plant to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

1.8 EXISTING WORK

In addition to FAR 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements:

a. Remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work which remain.

b. Repair or replace portions of existing work which have been altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer. At the completion of operations, existing work must be in a condition equal to or better than that which existed before new work started.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section --

SECTION 01 11 00 Page 5

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

1.2 ENVIRONMENTAL LAWS, REGULATIONS AND DOCUMENTS

1.2.1 Miscellaneous Environmental Laws And Regulations

1.2.2 NEPA Reference

1.3 REFERENCES

1.4 QUALITY CONTROL

1.5 PERMITS AND AUTHORIZATIONS

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION PLAN

1.8 QUALIFICATIONS

1.8.1 Marine Turtle Nesting Monitor and Relocation Qualifications

1.8.2 Bird Monitoring Qualifications

1.8.3 Marine Animal Observer Qualifications (Clamshell/Mechanical

Only)

1.8.4 Endangered Species Observer and Trawl Supervisor

Qualifications (For Hopper Dredges Only)

1.9 SUBCONTRACTORS

1.10 NOTIFICATION

1.11 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

3.1.1 Protection of Land Resources

3.1.1.1 Work Area Limits

3.1.1.2 Contractor Facilities and Other Work Areas

3.1.1.3 Solid Wastes

3.1.1.4 Fuel, Oil, and Lubricants

3.1.1.5 Hazardous Waste

3.1.1.6 Hazardous Materials

3.1.1.7 Disposal of Other Materials

3.1.2 Preservation and Recovery of Historic, Archeological, and

Cultural Resources

3.1.2.1 Applicable Law

3.1.2.2 Known Resources

3.1.2.3 Inadvertent Discoveries

3.1.2.4 Claims for Downtime due to Inadvertent Discoveries

3.1.3 Protection of Water Resources

3.1.3.1 Washing and Curing Water

3.1.3.2 Monitoring of Water Areas

3.1.3.3 Turbidity

3.1.3.4 Oil, Fuel, and Hazardous Substance Spill Prevention and

Mitigation

SECTION 01 57 20 Page 1

3.1.4 Protection of Fish and Wildlife Resources

3.1.4.1 Listed Species Protection

3.1.4.2 Endangered Species Observers (Hopper Dredge Only)

3.1.4.3 Protected Listed Species Sighting Reports

3.1.4.4 Disposition of Endangered or Threatened Species Carcasses

3.1.4.5 Protected Species Summary Report

3.1.4.6 Hopper Dredge Equipment

3.1.4.7 Sea Turtle Trawling and Relocation (For Hopper Dredges

Only)

3.1.4.8 Sea Turtle Beach Nest Monitoring

3.1.4.9 Beach Placement Restrictions

3.1.4.10 Escarpments

3.1.4.11 Protection of Shorebird and Shorebird Surveys

3.1.4.12 Shorebird Buffer Zones and Travel Corridors

3.1.4.13 Protection of Anastasia Island Beach Mouse

3.1.4.14 Dune Planting Restrictions

3.1.5 Protection of Air Resources

3.1.5.1 Particulates

3.1.5.2 Odors

3.1.6 Protection of Sound Intrusions

3.2 POSTCONSTRUCTION CLEANUP

3.3 PRESERVATION AND RESTORATION OF LANDSCAPE AND AQUATIC VEGETATION

DAMAGES

3.4 INVASIVE AND NUISANCE SPECIES

3.4.1 Prevention of Invasive and Nuisance Species Transfer

3.4.2 Invasive and Nuisance Species Reporting

3.4.2.1 Invasive And Nuisance Species Report

3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES

3.6 CONSTRUCTION FORMS AND DETAILS

-- End of Section Table of Contents --

SECTION 01 57 20 Page 2

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

This Section covers prevention of environmental damage as the result of construction operations under this contract and for those measures set forth in other Technical Requirements of these specifications. For the purpose of this specification, environmental damage is defined as the presence of hazardous, physical, chemical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances; affect other species, biological communities, or ecosystems; or degrade the quality of the environment for aesthetic, cultural, and/or historical purposes. The control of environmental damage requires consideration of land, water, and air, and includes management of visual aesthetics, noise, solid waste, radiant energy and radioactive materials, as well as other pollutants.

1.2 ENVIRONMENTAL LAWS, REGULATIONS AND DOCUMENTS

1.2.1 Miscellaneous Environmental Laws And Regulations

There are numerous environmental laws and regulations. At the Federal level, the applicable laws and regulations include compliance with the Clean Water Act (CWA); Clean Air Act (CAA); Coastal Zone Management Act (CZMA); Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); Endangered Species Act (ESA); Fish and Wildlife Coordination Act (FWCA); Marine Protection, Research, and Sanctuaries Act (MPRSA);

Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA);

National Environmental Policy Act (NEPA); National Historic Preservation Act (NHPA); National Pollutant Discharge Elimination System (NPDES);

Research and Sanctuaries Act (RSA); Native American Graves Protection and Repatriation Act (NAGPRA); Resource Conservation and Recovery Act (RCRA);

Rivers and Harbors Act (R&H); Safe Drinking Water Act (SDWA); Toxic Substance Control Act (TSCA); Wild and Scenic Rivers Act (WSRA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Marine Mammal Protection Act (MMPA); Migratory Bird Treaty Act (MBTA); Code of Federal Regulations (CFRs); Executive Orders (EO); and, Environmental Protection Agency (EPA) requirements.

1.2.2 NEPA Reference

Commitments for the Contractor made in the NEPA document have been incorporated into these specifications. For additional background information, the NEPA document can be found at the following website:

https://www.saj.usace.army.mil/About/Divisions-Offices/Planning/Environmental-Branch/ Environmental-Documents/

1.3 REFERENCES

Any publication listed below forms a part of this specification to the extent referenced. Publications are referred to in the text by basic

SECTION 01 57 20 Page 3 designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 Safety and Health Requirements Manual

EM 1110-1-1003 (1996) NAVSTAR Global Positioning System Surveying

1.4 QUALITY CONTROL

Establish and maintain quality control for environmental protection of all items set forth herein. Record on daily quality control reports or attachments thereto, any problems in complying with laws, regulations and ordinances, and corrective action taken.

1.5 PERMITS AND AUTHORIZATIONS

Comply with all requirements under the terms and conditions set out in the following permit(s) and authorization(s) obtained by the Corps of Engineers listed below.

a. Florida Department of Environmental Protection Permit No.

0377120-001-JC; Effective Date: March 26, 2020; Expiration Date: March 26, 2035, Modification No. 0377120-003-JN issued January 23, 2023.

b. St. Johns County Coastal Storm Risk Management Project, Findings of No Significant Impact (FONSI), see (https://www.saj.usace.army.mil/About/Divisions-Offices/Planning/ Environmental-Branch/Environmental-Documents/) (Click "+" next to "St.

Johns County", scroll to "St. Augustine Inlet and Intracoastal Waterway", "St. Johns County Coastal Storm Risk Management Project" and "Saint Johns County, Florida, Shore Protection Project and Coastal Storm Risk Management Project" (Additional Offshore Borrow Areas).

c. NMFS South Atlantic Regional Biological Opinion (SARBO), see (https://www.fisheries.noaa.gov/content/ endangered-species-act-section-7-biological-opinions-southeast).

d. USFWS Statewide Programmatic Biological Opinion (SPBO); see (https://www.saj.usace.army.mil/About/Divisions-Offices/Planning /Environmental-Branch/Environmental-Documents/) (Click "+" next to "District Wide".)

e. USFWS Piping Plover Programmatic Biological Opinion (P3BO); see (https://www.saj.usace.army.mil/About/Divisions-Offices/Planning/ Environmental-Branch/Environmental-Documents/) (Click "+" next to "District Wide".)

f. Bureau of Ocean Energy Management, Memorandum of Negotiated Agreement No. OCS-A 0551 dated PENDING.

The above permits indicate issuing agency approval of work required by this contract. Permits are available at the following web address:

https://www.saj.usace.army.mil/About/Divisions-Offices/Planning/Environmental-Branch/ Environmental-Compliance/

Obtain and comply with the requirements of all permits or licenses required for construction of this project in accordance with the Clause

SECTION 01 57 20 Page 4

PERMITS AND RESPONSIBILITIES of Section 00700 CONTRACT CLAUSES in Volume 1.

1.6 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following is to be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES.

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G, DO

SD-02 Shop Drawings

Turtle Deflector Device ; G, DO

SD-06 Test Reports

Escarpment Site Visit Report(s) ; G, DO

Log Of The Results Of Turtle Egg Monitoring And Recovery Activities ;

G, DO

Protected Listed Species Sighting Reports ; G, DO

Weekly Logs/Summary Of FWC Hopper Dredge Reports ; G, DO

SD-07 Certificates

Bird Monitoring Qualifications ; G, DO

Marine Animal Observer Qualifications (Clamshell/Mechanical Only);

G, DO

Endangered Species Observer and Trawl Supervisor Qualifications (For Hopper Dredges Only) ; G, DO

Marine Turtle Nesting Monitor And Relocation Qualifications ; G, DO

SD-11 Closeout Submittals

Protected Species Summary Report ; G, DO

Logs/Summary Of Bird Nesting Monitoring Report ; G, DO

Logs/Summary Of Marine Turtle Nesting And Relocation ; G, DO

Comprehensive Trawling Daily Logs ; G, DO

Endangered Species Observer Program Final Report ; G, DO

Invasive And Nuisance Species Report ; G, DO

1.7 ENVIRONMENTAL PROTECTION PLAN

Submit a draft Environmental Protection Plan no later than 5 calendar days after Notice to Proceed for review and acceptance by the Contracting

SECTION 01 57 20 Page 5

Officer. The Government will consider an interim plan for the first 30 days of operations. However, furnish an acceptable final plan no later than 30 calendar days after receipt of Notice to Proceed. Acceptance of the plan will not relieve the Contractor of their responsibility for adequate and continuing control of pollutants and other environmental protection measures. Acceptance of the plan is conditional and predicated on satisfactory performance during construction. The Government reserves the right to require the Contractor to make changes to the Environmental Protection Plan or operations if the Contracting Officer determines that environmental protection requirements are not being met. No physical work at the site is to begin prior to acceptance of the plan or an interim plan covering the work to be performed.

The EPP is to have a Table of Contents. Pages of the EPP is to be numbered, including appendices. Sections of the plan and all appendices are to be indexed in the table of contents. The Environmental Protection Plan is to include but not be limited to the following:

a. A list of Federal, State, and local laws, regulations, and permits concerning environmental protection, pollution control, and abatement that are applicable to the proposed operations and the requirements imposed by those laws, regulations, and permits.

b. Methods for protection of features to be preserved within authorized work areas. Prepare a listing of methods to protect resources needing protection, i.e., trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archeological, and cultural resources.

c. Procedures to be implemented to provide the required environmental protection and to comply with the applicable laws and regulations.

Provide written assurance that immediate corrective action will be taken to correct pollution of the environment due to accident, natural causes, or failure to follow the procedures set out in accordance with the environmental protection plan.

d. A permit or license for and the location of the solid waste disposal area.

e. Drawings showing locations of any proposed temporary excavations or embankments for haul roads, stream crossing, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials.

f. Environmental monitoring plans for the job site, including land, water, air, and noise monitoring.

g. Traffic control plan.

h. Methods of protecting surface and ground water during construction activities.

i. Spill prevention. Specify all potentially hazardous substances to be used on the job site and intended actions to prevent accidental or intentional introduction of such materials into the air, ground, water, wetlands, or drainage areas. Specify the provisions to be taken to meet Federal, State, and local laws and regulations regarding labeling, storage, removal, transport, and disposal of potentially hazardous substances. List the Corps environmental POC's with phone

SECTION 01 57 20 Page 6 numbers and email addresses. Specify that the contractor will notify the Corps Environmental Branch POC's by phone the same day any spill if possible or no later than the morning of the next day(to include weekends).

j. Spill contingency plan for hazardous, toxic, or petroleum material.

There must a secondary containment (110% of full tank capacity) for any fuel storage tanks (including pumps/generators). Fuel storage tanks must have over head cover to prevent rainwater from entering the secondary containment. The spill response material quantity must be sufficient to absorb/contain the maximum expected fuel storage.

k. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Include measures for marking the limits of use areas.

l. Plan of borrow area(s).

m. Include a statement as to the person who will be responsible for implementation of the Environmental Protection Plan. The Contractor personnel responsible is to report directly to the Contractor's top management and is to have the authority to act for the Contractor in all environmental protection matters.

n. Recycling and Waste Management Plan. Executive Order 12873 of 20 October 1993 requires a number of considerations in planning a project. Fallen trees should not be burned or buried to the maximum extent practical. Mulching, composting, and other uses for trees should be considered. Also, recovery of metals at the job site, including aluminum cans, should be considered with proceeds to be retained by the Contractor. Non-Federal recycling and waste minimization efforts must also be incorporated into this plan.

o. Operational plan to achieve protection of sea turtles during hopper dredge(s) operation.

p. Migratory Bird Protection Plan. Construction activities are to be conducted in a manner as not to impact migratory birds or induce their nesting.

q. All captains of dredges, relocation trawlers, survey vessels, and support vessels over 33-ft in length will provide a text message address to receive real-time whale alerts throughout the calving season to nmfs.ser.rw.subscribe@noaa.gov. The text message address submittal must include the name of the phone carrier (e.g. Verizon, AT&T, etc.) and include the "Bin" boundary for alerts and as well as the project name (See Whale Alert Quick Guide, Figure 5 for a map of "Bin" boundaries). The text message address will be provided at least 14 days prior to the start of dredging or annually on November 1 if the vessel is utilized year round.

r. Before the start of dredging, the Contractor is to provide one whale observer email address to receive aerial survey-related notification (status, fly/no-fly plans, etc.) that will be immediately sent to all active vessels working in water for the project. The Contractor is to include in this notification all crew member email addresses that should receive this email alert along with the "Bin" boundary and as well as the project name (See Whale Alert Quick Guide, Figure 5 for a map of "Bin" boundaries). This information will be provided to

SECTION 01 57 20 Page 7 nmfs.ser.rw.subscribe@noaa.gov and Gretchen Ehlinger, Chief, Environmental Branch grethchen.s.elinger@usace.army.mil.

s. Endangered Species Watch Plan detailing how the requirements to minimize the risk of a North Atlantic right whale/dredge vessel interaction will be accomplished.

t. Invasive and Nuisance Species Transfer Prevention Plan. The invasive and nuisance species transfer prevention plan is to identify specific transfer prevention procedures and designated cleaning sites/locations. The Contractor is to provide a report with photographs verifying that equipment brought on the site was cleaned.

The prevention plan and report are to be submitted to the Invasive Species Management Branch, Operations Division.

1.8 QUALIFICATIONS

The individual(s) are to have a combination of education and experience that demonstrates they have the knowledge and background to identify the species of concern and be able to fulfill the requirements of the environmental specification. Resume/qualification submittals must specifically address the knowledge/experience with the species of concern. Any specific requirements for an environmental observer/monitor called out in environmental coordination or authorization documents (such as agency coordination letters, biological opinions, or permits) regarding the project area must be also addressed in the submittals.

1.8.1 Marine Turtle Nesting Monitor and Relocation Qualifications

Marine Turtle Nesting Monitor and Relocation Qualifications: Submit qualifications and Florida Fish and Wildlife Conservation Commission (FF&WCC) permit no later than 5 calendar days after Notice to Proceed. A FF&WCC permitted subcontractor is required to be approved by the Contracting Officer to accomplish the sea turtle monitoring and relocation (as necessary) of this section unless they demonstrate to the satisfaction of the Contracting Officer the capability to accomplish sea turtle monitoring and recovery by obtaining a permit from the FF&WCC to take turtles.

1.8.2 Bird Monitoring Qualifications

No later than 5 calendar days after Notice to Proceed, the Contractor is to furnish to the Contracting Officer for approval, the qualifications of the bird monitor(s). Appropriate qualifications for bird monitor(s) must demonstrate the ability to find and/or identify bird species, nesting behavior, eggs and nests, and habitat requirements. Bird monitor(s) are to be familiar with the general information, data collection protocol, and data entry procedures outlined on the FF&WCC Florida Shorebird Database website (www.flshorebirddatabase.org). The Contractor is to consult with and coordinate all monitoring plans and activities with the Contracting Officer and the Project Biologist indicated in the ECM (See paragraph PERMITS AND AUTHORIZATIONS above). The Bird Monitors must meet the following minimum qualifications:

a. Has previously participated in beach-nesting bird surveys of Florida beach nesting birds and relevant work experience (provide references or resume). Experience with previous projects must document the ability to do the following:

SECTION 01 57 20 Page 8

(1) identify all species of beach-nesting birds by sight and sound,

(2) identify breeding/territorial behaviors, and find nests of shorebirds that occur in the project area,

(3) identify habitats preferred by shorebirds nesting in the project area.

b. Have a clear working knowledge of, and adhere to, the Breeding Bird Protocol for Florida’s Seabirds and Shorebirds:

(www.flshorebirddatabase.org)

c. Have completed full-length webinars: Route Surveyor Training and Rooftop Monitoring Training, including annual refresher training.

Training resources can be found on the Florida Shorebird Database (FSD): www.flshorebirddatabase.org

d. Familiar with FF&WCC beach driving guidelines:

www.myfwc.com/conservation/you-conserve/wildlife/beach-driving.

e. Experience posting beach-nesting bird sites, consistent with Florida Shorebird Alliance (FSA) Guidelines (https://flshorebirdalliance.org/resources/instructions-resources/).

Has registered as a contributor to the Florida Shorebird Database

(FSD).

1.8.3 Marine Animal Observer Qualifications (Clamshell/Mechanical Only)

Submit to the Contracting Officer for approval, the qualifications of the marine animal observer no later than 5 calendar days after Notice to Proceed. A resume of demonstrated experience monitoring manatees and marine turtles and their behaviors in association with in-water construction projects is required. Specifically, include a table with the names and locations of specific in-water construction projects that observers have worked on. Also, the table is to include for each in-water construction project the permit number(s), the estimated amount of time (hours) spent observing, the estimated number of manatees and marine turtles seen, and whether the work was ever halted due to manatees or marine turtles in the area. Complete the FWC Protected Marine Species Observer Information Form (see CONSTRUCTION FORMS AND DETAILS) for each marine animal observer to document their experience.

1.8.4 Endangered Species Observer and Trawl Supervisor Qualifications (For Hopper Dredges Only)

Submit the names of the endangered species observer-biologists (ESOs) to perform the monitoring for this contract no later than 5 calendar days after Notice to Proceed. Only NMFS pre-approved ESOs are authorized to monitor threatened/endangered species takes by hopper dredges. A pre-approved list of ESOs can be obtained by contacting NOAA Fisheries' Northeast Region, Protected Resources Division at 978-282-8460/(978)-281-9291.

1.9 SUBCONTRACTORS

Assurance of compliance with this section by subcontractors must be the responsibility of the Contractor.

SECTION 01 57 20 Page 9

1.10 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with the aforementioned Federal, State, or local laws or regulations, permits and other elements of the environmental protection specifications. After receipt of such notice, inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions are to be granted or costs or damages allowed to the Contractor for any such suspension.

Additionally, notify the Contracting Officer, in writing, of the absence or occurrence of environmental incidents, as required on the Project Environmental Summary Sheet, copy on the first web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below.

1.11 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

Provide qualified personnel to perform all phases of environmental protection, including methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and careful installation and monitoring of the project to ensure adequate and continuous environmental pollution control. Quality Control and supervisory personnel is to be thoroughly knowledgeable of Federal, State, and local laws, regulations, and permits as listed in the Environmental Protection Plan submitted by the Contractor. Identify the Quality Control personnel in the Quality Control Plan submitted in accordance with Section

01 45 05 DREDGING/BEACH FILL PLACEMENT - CONTRACTOR QUALITY CONTROL.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

For contract work, comply with all applicable Federal, State, or local laws and regulations. The environmental resources within the project boundaries and those affected outside the limits of permanent work under this Contract is to be protected at least during the entire period of this Contract. Confine activities to areas defined by the drawings and specifications. Environmental protection is to be as stated in the following subparagraphs.

3.1.1 Protection of Land Resources

Prior to the beginning of any construction, identify all land resources to be preserved or avoided within the work area. Remove materials displaced into not cleared areas. Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without special permission from the Contracting Officer. Engage a qualified tree surgeon to perform all tree surgery. Repair injuries to bark, trunk, branches, and roots of protected trees by dressing, cutting, and painting as specified for Class I Fine Pruning, of the National Arborist Association Pruning Standards for Shade Tree or as per State's Agricultural Extension Agency Guidelines, immediately as occurrences

SECTION 01 57 20 Page 10 arise. No ropes, cables, or guys are to be fastened to or attached to any trees for anchorage unless specifically authorized. Where such special emergency use is permitted, provide effective protection for land and vegetation resources at all times as defined in the following subparagraphs.

3.1.1.1 Work Area Limits

Prior to any construction, mark the areas that are not required to accomplish all work to be performed under this Contract. Mark or fence isolated areas within the general work area to be saved and protected.

Protect existing trees designated to remain. Provide protection of tree roots against noxious materials in solution caused by run-off or spillage. Fires are to be located outside the canopy of protected trees.

Do not store materials, trailers, or equipment within the drip line of any protected tree. Protect monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, the markers are to be visible. Convey to personnel the purpose of marking and/or protection of all necessary objects.

3.1.1.2 Contractor Facilities and Other Work Areas

Locate facilities, staging and other work areas as indicated in Section 01 50 02 TEMPORARY CONSTRUCTION FACILITIES, and in compliance with permits listed in the paragraph PERMITS AND AUTHORIZATIONS above and obtained for performance of work. Manage borrow or dredge material management (DMMA) areas to minimize erosion and to prevent sediment from entering nearby watercourses, wetlands, or lakes. Manage and control dredged material areas to limit spoil intrusion into areas designated on the drawings and to prevent erosion of soil or sediment from entering nearby watercourses, wetlands, or lakes. Develop dredged material areas in accordance with the grading plan indicated on the drawings. Control temporary excavation and embankments for plant and/or work areas to protect adjacent areas from despoilment. If there is suspicion that sediment may be unsuitable for disposal at a specified location, immediately take measures to contain the suspect sediment and notify the Contracting Officer.

3.1.1.3 Solid Wastes

Place solid wastes (excluding clearing debris) in containers which are emptied on a regular schedule. Conduct handling and disposal to prevent contamination. Haul solid waste materials to a solid waste disposal site approved by the Contracting Officer. Comply with Federal, State and local regulations pertaining to the use of the solid waste disposal site.

3.1.1.4 Fuel, Oil, and Lubricants

Manage fuel, oil, and lubricants in order to prevent spills and evaporation. Provide a 4-foot square, 16-gauge metal pan with borders banded up and welded at corners right below the bibb for fuel dispensers to prevent spills. Edges of the pans are to be 8-inch minimum in depth to ascertain that no contamination of the ground takes place. Clean pans by an approved method immediately after every dispensing of fuel and wastes disposed of offsite in an approved area. Should any spilling of fuel occur, immediately recover the contaminated ground and dispose of it offsite in an approved area. Store petroleum waste generated in marked corrosion-resistant containers and recycled or disposed of in accordance with 40 CFR 279, State, and local regulations. Any fueling operation is to be conducted such that any accidental spills will be prevented from

SECTION 01 57 20 Page 11 entering surface waters or wetlands.

3.1.1.5 Hazardous Waste

Hazardous wastes are defined in 40 CFR 261. Ensure that hazardous wastes are stored and disposed of in accordance with 40 CFR 261 and State and local regulations. Ensure that hazardous wastes are packed, labeled, and transported in accordance with 49 CFR 173 and State and local regulations.

3.1.1.6 Hazardous Materials

Ensure that hazardous materials are labeled, stored, and transported in accordance with 49 CFR 173, State and local regulations.

3.1.1.7 Disposal of Other Materials

Handle other materials than previously discussed (Construction and Demolition, vegetative waste, etc.) as directed by the Contracting Officer.

3.1.2 Preservation and Recovery of Historic, Archeological, and Cultural Resources

3.1.2.1 Applicable Law

A number of Federal laws require protection of cultural resources. Two laws, in particular, can be potentially involved with construction activities: (1) the National Historic Preservation Act, as amended; and,

(2) the Abandoned Shipwreck Act.

3.1.2.2 Known Resources

If known historic, archeological, and cultural resources within the Contractor's work area(s) are present, it will be designated as a avoidance area on the contract drawings or other documents. If so designated, install protection for these resources and preserve during the Contract's duration. Do not dredge, spud, or anchor within the designated avoidance area. Do not distribute maps or other information on these resource locations except for distribution among the Contractor's staff with a need to know technical responsibility for protecting the resources.

3.1.2.3 Inadvertent Discoveries

If, during construction activities, items that may have historic or archaeological origin are observed, such observations are to be reported immediately to the Contracting Officer so that the appropriate Corps staff may be notified. Cease all activities adjacent to the discovery that may result in the destruction of these resources and prevent employees from further removing, or otherwise damaging, such resources. Once reported, Corps staff will initiate coordination with the appropriate federal, tribal and state agencies to determine if archaeological investigation is required. Additional work in the area of the discovery will be suspended at the site until all federal and state regulations have been successfully completed and the Corps staff members provide further directive. Project activities in the vicinity of the discovery may not resume until the Contracting Officer approves work to proceed.

The possibility of encountering submerged cultural resources is inherent in dredging and snagging operations. Such findings could include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood

SECTION 01 57 20 Page 12 planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log dugouts), and other structural features intact or displaced. The materials may be deeply buried in sediment, resting in shallow sediments or above them, or protruding into water. Suspected cultural materials inadvertently gathered from a water-saturated context should be kept moist by re-immersion, spraying, or some other expedient means of wetting until the appropriate Corps staff provide further directives. No interviews or other contact with the media or federal, tribal or state agencies are to occur without clear authorization from the Contracting Officer.

In the unlikely event that unmarked human remains are identified, they will be treated in accordance with Section 872.05 Florida Statutes.

Immediately cease all work and ground disturbing activities within a 50-meter diameter of the unmarked human remains and notify the Contracting Officer or the appropriate Corps representative is to be immediately notified. The Contracting Officer will notify the local medical examiner, and the appropriate SHPO and THPO(s). Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Contracting Officer may modify, suspend, or terminate work activities. Such activity is to not resume without written authorization from the State Archeologist and from the Contracting Officer.

3.1.2.4 Claims for Downtime due to Inadvertent Discoveries

Upon discovery and subsequent reporting of a possible inadvertent discovery of cultural resources, continue work well away from, or otherwise protectively avoiding, the area of interest, or in some other manner that strives to continue productive activities in keeping with the Contract. Should an inadvertent discovery be of the nature that substantial impact(s) to the work schedule are evident, such delays are to be coordinated with the Contracting Officer. Contract adjustments resulting from compliance with this paragraph is to be determined in accordance with Clause DIFFERING SITE CONDITIONS of Section 00700 CONTRACT CLAUSES in Volume 1.

3.1.3 Protection of Water Resources

Keep construction activities under surveillance, management, and control to avoid pollution of surface, ground waters, and wetlands. Implement special management techniques as set out below to control water pollution by the listed construction activities which are included in this Contract. Construction methods are to protect wetland and surface water areas from damage due to mechanical grading, erosion, sedimentation and turbid discharges. There are to be no storage or stockpiling of equipment, tools, or materials within wetlands or along the shoreline within the littoral zone unless specifically authorized.

3.1.3.1 Washing and Curing Water

Waste waters directly derived from construction activities are to not be allowed to enter water areas. These waste waters are to be collected and placed in retention ponds where suspended materials can be settled out or the water evaporates so that pollutants are separated from the water.

Analysis are to be performed and results reviewed and approved by the Contracting Officer before water in retention ponds is discharged.

SECTION 01 57 20 Page 13

3.1.3.2 Monitoring of Water Areas

Monitor all water areas affected by construction activities.

3.1.3.3 Turbidity

Conduct operations in a manner to minimize turbidity. Refer to Section 01 57 25 TURBIDITY AND DISPOSAL MONITORING for further instructions.

3.1.3.4 Oil, Fuel, and Hazardous Substance Spill Prevention and Mitigation

Prevent oil, fuel, or other hazardous substances from entering the air, ground, drainage, local bodies of water, or wetlands. This is to be accomplished by design and procedural controls. In the event that a spill occurs despite the design and procedural controls, the following is to occur:

(1) Take immediate action to contain and cleanup any spill of oil, fuel or other hazardous substance.

(2) Immediately report spills to the Contracting Officer and any spills to surface water or wetlands to the National Response Center (NRC) at 1-800-424-8802. Any spills above 25 gallons to soils must be reported to the NRC. Report any spills to Corps environmental POC on same working day if possible or at the beginning of the next day. Contact is to be made by telephone and email to Angie Dunn at Angela.E.Dunn@usace.army.mil. and WQ permit lead. Environmental POC's are to be updated if necessary at the preconstruction meeting.

(3) Spill contingency planning is to be strictly in accordance with the criteria of 40 CFR, Part 109.

(4) To control the spread of any potential spill, absorbent materials are to be readily available and capable of absorbing the contents of the single largest tank.

(5) To control the spread of any potential spill, provide a written certification of commitment of manpower, equipment, and materials required to expeditiously cleanup and dispose of spill materials.

a. Spill Preventive Systems: System design and installation requirements have been discussed at the beginning of this Section. Temporary or portable tanks are to conform to applicable Federal, State and local codes and requirements and are to not be placed where they may be affected by storm, flooding, or washout. Diversionary structures for spills are to be put in place in advance where practical.