Amendment_0002_W912EP25BA0220002_MartinCounty_FY25.pdf

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers 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 electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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 NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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.)

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. SPECIFICATIONS:

DELETE Design Authentication and REPLACE with the attached revised Design Authentication.

DELETE Section 01 57 20, and REPLACE with the attached revised Section 01 57 20

2. DRAWINGS: No change to drawings.

3. For Information Only: Not Applicable

(End of Summary of Changes)

W912EP25BA0220002

Shore Protection Project Hutchinson Island W912EP25BA008 Martin County, Florida

DESIGN AUTHENTICATION

I, the undersigned Technical Lead, hereby confirm that all required quality control procedures have been duly followed and completed for this project by the Jacksonville District, U.S. Army Corps of Engineers. This certification is made in accordance with ECB No. 2024-3.

DateROS LOCKWOOD, P.E. Technical Lead

CESAJ-EN-SP

This project was designed by the Jacksonville District, U.S. Army Corps of Engineers. The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

DatePATRICK J. SNYDER P.E.

Chief, CESAJ-EN-SP

DENNIS J. ZEVENEY, P.E. Date Chief, Geosystems Branch

CESAJ-EN-G

WILLIAM L. REILLY, P.E. Date Chief, Waterways Branch

CESAJ-EN-S

JASON A. ENGLE, P.E. Date Acting Chief, Engineering Division

CESAJ-EN

LOCKWOOD.ROSEMARIE.E.1537988173 Digitally signed by LOCKWOOD.ROSEMARIE.E.1537988173 Date: 2025.08.28 15:38:05 -04'00'

SNYDER.PATRICK.JOSEPH.15970314

Digitally signed by

SNYDER.PATRICK.JOSEPH.1597031420

Date: 2025.08.28 15:51:24 -04'00'

ZEVENEY.DENNIS.J.1249349085 Digitally signed by ZEVENEY.DENNIS.J.1249349085 Date: 2025.08.29 08:19:23 -04'00'

REILLY.WILLIAM.LUKE.1527897994 Digitally signed by REILLY.WILLIAM.LUKE.1527897994 Date: 2025.09.03 16:00:59 -04'00'

MARIN.AMANDA.LAVIGNE.100578727

Digitally signed by MARIN.AMANDA.LAVIGNE.1005787277 Date: 2025.09.08 15:34:13 -04'00'

Shore Protection Project, Hutchinson Island

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 PERSONNEL TRAINING

1.6 PERMITS AND AUTHORIZATIONS

1.7 SUBMITTALS

1.8 ENVIRONMENTAL PROTECTION PLAN

1.9 QUALIFICATIONS

1.9.1 Marine Turtle Nesting Monitor and Relocation Qualifications

1.9.2 Bird Monitoring Qualifications

1.9.3 Marine Animal Observer Qualifications (Clamshell/Mechanical

Only)

1.9.4 Endangered Species Observer and Trawl Supervisor

Qualifications (For Hopper Dredges Only)

1.9.5 Archaeological Monitor Qualifications

1.10 SUBCONTRACTORS

1.11 NOTIFICATION

1.12 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

3.1.1 General Project Environmental Design and Installation Criteria

3.1.1.1 Sewage-Based Systems Environmental Design and Installation

Criteria

3.1.2 Protection of Land Resources

3.1.2.1 Work Area Limits

3.1.2.2 Contractor Facilities and Other Work Areas

3.1.2.3 Solid Wastes

3.1.2.4 Fuel, Oil, and Lubricants

3.1.2.5 Hazardous Waste

3.1.2.6 Hazardous Materials

3.1.2.7 Disposal of Other Materials

3.1.3 Preservation and Recovery of Historic, Archeological, and

Cultural Resources

3.1.3.1 Applicable Law

3.1.3.2 Known Resources

3.1.3.3 Inadvertent Discoveries

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

3.1.4 Protection of Water Resources

SECTION 01 57 20 Page 1 W912EP25BA008 Amendment 0002

3.1.4.1 Monitoring of Water Areas

3.1.4.2 Turbidity

3.1.4.3 Oil, Fuel, and Hazardous Substance Spill Prevention and

Mitigation

3.1.5 Protection of Fish and Wildlife Resources

3.1.5.1 Listed Species Protection

3.1.5.2 Protected Listed Species Sighting Reports

3.1.5.3 Protected Species Summary Report

3.1.5.4 Endangered Species Observers (Hopper Dredge Only)

3.1.5.5 Disposition of Endangered or Threatened Species Carcasses

3.1.5.6 Hopper Dredge Equipment

3.1.5.7 Sea Turtle Trawling and Relocation (For Hopper Dredges

Only)

3.1.5.8 Sea Turtle Beach Nest Monitoring

3.1.5.9 Beach Placement Restrictions

3.1.5.10 Escarpments

3.1.5.11 Hardbottom Protection

3.1.5.12 Protection of Shorebird and Shorebird Surveys

3.1.5.13 Shorebird Buffer Zones and Travel Corridors

3.1.5.14 Protection of Piping Plover and Rufa Red Knot

3.1.6 Seagrass Protection Measures

3.1.7 Protection of Air Resources

3.1.7.1 Particulates

3.1.7.2 Odors

3.1.8 Protection of Sound Intrusions

3.1.9 Pet(s) Control

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 designation only.

SECTION 01 57 20 Page 3

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2024) Safety and Occupational Health (SOH) Requirements

EM 1110-1-1003 (2013) NAVSTAR Global Positioning System Surveying

ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (IES)

IES RP-12 (1997) Recommended Practice for Marine Lighting

IES RP-16 (2010; Addendum A 2008; Addenda B & C 2009) Nomenclature and Definitions for Illuminating Engineering

Code of Federal Regulations (CFR) indicated herein may be found at https://www.govinfo.gov/app/collection/cfr.

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 PERSONNEL TRAINING

The Contractor is to train their personnel in all phases of environmental protection.

1.6 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.

0295380-010-JM; Effective Date: February 11, 2025; Expiration Date:

February 11, 2040.

b. Statewide Programmatic Biological Opinion. Shore Protection Activities along the Coast of Florida. Service Log Number 41910-2011-F-0170 February 27, 2015.

c. Bureau of Ocean Energy Managment Regulation and Enforcement MOA dated (Pending) (BOEM) Negotiated Lease Agreement No. OCS-A 0574 issued September 5, 2025. .

d. 2020 South Atlantic Regional Biological Opinion for Dredging and Material Placement Activities in the Southeast United States. ECO Tracking Number SERO-2019-03111. July 30, 2020.

e. 2013 Programmatic Piping Plover Biological Opinion for the effects of U.S. Army Corps of Engineers (Corps) planning and regulatory shore protection activities on the non-breeding piping plover (Charadrius melodus) and its designated Critical Habitat. Consultation Code

SECTION 01 57 20 Page 4

O4EF1000-2013-F-0124. May 22, 2013.

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 other permits or licenses required for construction of this project in accordance with the Clause

PERMITS AND RESPONSIBILITIES.

1.7 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. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES.

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G, DO

Winter Shorebird Survey ; G, DO

SD-02 Shop Drawings

Turtle Deflector Device ; G, DO

SD-06 Test Reports

Escarpment Site Visit Report(s) ; G, DO

Protected Listed Species Sighting Reports ; G, DO

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

Weekly Protected Species Summary Report ; G, DO

SD-07 Certificates

Marine Turtle Nesting Monitor And Relocation Qualifications ; G, DO

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

Archaeological Monitor Qualifications ; G, DO

SD-11 Closeout Submittals

Protected Species Summary Report ; G, DO

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

SECTION 01 57 20 Page 5

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

Comprehensive Trawling Daily Logs ; G, DO

Invasive And Nuisance Species Report ; G, DO

Project Environmental Summary Sheet ; G, DO

1.8 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 Officer and cc the Environmental Compliance POC. 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 will 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.

SECTION 01 57 20 Page 6

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 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 be a secondary containment (110% of full tank capacity) for any fuel storage tanks (including pumps/generators). This is to include temporary fuel storage above 550 gallons. Any fuel storage container with more than 550 gallon capacity, trailer mounted or otherwise, left on the job site for more than 24 hours must comply with the secondary containment with over head cover unless specifically authorized by the COR. 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 are to also be incorporated into this plan.

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

p. 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.

SECTION 01 57 20 Page 7

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

1.9 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.

1.9.1 Marine Turtle Nesting Monitor and Relocation Qualifications

Submit to the Contracting Officer and cc the Environmental Compliance POC qualifications and Florida Fish and Wildlife Conservation Commission (FF&WCC) permit no later than 10 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 of this section unless they demonstrate to the satisfaction of the Contracting Officer the capability to accomplish sea turtle monitoring and relocation by obtaining a permit from the FF&WCC for daily monitoring and relocation that is specific to the project beach area.

1.9.2 Bird Monitoring Qualifications

No later than 10 calendar days after Notice to Proceed, the Contractor is to furnish to the Contracting Officer and cc the Environmental Compliance POC for approval, the qualifications of the bird monitor(s). Appropriate qualifications for bird monitor(s) are to have demonstrated 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 (http://www.flshorebirddatabase.org/). Consult with and coordinate all monitoring plans and activities with the Contracting Officer. The Bird Monitors will 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:

(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:

(https://app.myfwc.com/crossdoi/shorebirds/)

c. Have completed full-length webinars: Route Surveyor Training and

SECTION 01 57 20 Page 8

Rooftop Monitoring Training, including annual refresher training.

Training resources can be found on the Florida Shorebird Database (FSD): https://app.myfwc.com/crossdoi/shorebirds/

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/).

f. Has registered as a contributor to the Florida Shorebird Database

(FSD).

1.9.3 Marine Animal Observer Qualifications (Clamshell/Mechanical Only)

Submit to the Contracting Officer and cc the Environmental Compliance POC for approval, the qualifications of the marine animal observer no later than 10 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.

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

Submit to the Contracting Officer and cc the Environmental Compliance POC the names of the endangered species observer-biologists (ESOs) to perform the monitoring for this contract no later than 10 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'Southeast Region, Protected Resources Division at (727) 824-5312.

1.9.5 Archaeological Monitor Qualifications

Appropriate qualifications for the monitor must meet or exceed the professional standards outlined in the Secretary of the Interior Professional Qualification Standards for Archaeology as outlined in 36 CFR Part 61.

1.10 SUBCONTRACTORS

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

1.11 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

SECTION 01 57 20 Page 9 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.

Within 30 calendar days following project completion, the Contractor is to submit to the Contracting Officer and cc the Environmental Compliance POC the Project Environmental Summary Sheet . The Project Environmental Summary Sheet is to provide absence or occurrence of environmental incidents, as indicated in paragraph CONSTRUCTION FORMS AND DETAILS below.

1.12 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 are 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 will 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 General Project Environmental Design and Installation Criteria

Some project sites have features that must not be impacted in any way, including cultural, historic, or archeological features. At all sites, minimize disturbance to existing features at the site to the extent possible, including vegetative, topographic, and drainage pattern features. Wetland, seagrass or hardbottoms impacts (temporary access, detours, staging areas, and other work area impacts) to project sites should be avoided and may require separate permitting action. Any wetlands temporarily impacted are to have its soil restored upon project completion. Expansion of previously permitted project footprints may likewise require separate permitting action.

In all cases, the installation of temporary systems to aid construction will provide for protection of the environment during handling, installing, storing, utilizing, transporting, servicing, testing, refilling, transferring, pumping, processing, removing waste products, SECTION 01 57 20 Page 10 repairing and maintaining systems and their components. Necessary protection is to also be considered that would prevent contamination of the environment from impacts to the systems caused by storm water runoff and flooding. Retrofit of temporary systems on project sites to modern environmental protection design standards will also be considered.

In the event environmental protection measures fail, implement procedures to control and correct environmental damage. Coordinate with the Contracting Officer if environmental protection measures fail.

3.1.1.1 Sewage-Based Systems Environmental Design and Installation Criteria

In general, there will be no waste or debris discharges of any kind for a project unless authorized by the Contracting Officer. This is to include the Contractor's providing sufficient temporary sanitary equipment and facilities for the project. The design and/or installation of temporary or permanent sewage systems are to ensure that waters will be free of effects of sewage discharges. Adhere to Federal, State, or local codes and requirements regarding sewage in the design, such as those of the EPA and, in the case of the State, Chapter 62-620 (Wastewater Facilities) of the FAC. Adhere to Best Management Practices from the applicable agencies in the design.

3.1.2 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 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.

3.1.2.1 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 will be visible. Convey to personnel the purpose of marking and/or protection of all necessary objects.

3.1.2.2 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

SECTION 01 57 20 Page 11 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.

3.1.2.3 Solid Wastes

The Contracting Officer will approve the type of solid waste containers, staging areas on land for these containers, the roads to haul the solid waste, and the final solid waste disposal site. In addition, comply with Federal, State and local regulations pertaining to the use of the solid waste disposal site.

Place solid wastes (excluding clearing debris) in containers which are emptied on a regular schedule. Conduct handling and disposal to prevent contamination.

3.1.2.4 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. If any spilling of fuel occurs, 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 entering surface waters or wetlands.

For any fuel stored onsite overnight at the project work site in excess of 550 gallons, whether attached to a tractor trailer or not, the fuel storage area/fuel dispensing area is to be located within a bermed and if practical impervious lined area. If directed by the Contracting Officer, at no additional cost to the government, a fuel storage system with less than 550 gallons may be required to be within a bermed area. The bermed area must be sized to be able to contain the maximum amount of fuel stored on site and be sloped to allow access/egress to the vehicles being fueled at this location. Fueling operations, to the maximum extent practical, are to be conducted within this bermed/lined fuel storage area. These preventive measures to contain potential spills must be taken by the contractor at no additional cost to the government. If the construction activity is close to an OFW, the fuel storage bermed area must be lined unless this is not practical The COR may determine if other measures are necessary to prevent any fuel spills from entering nearby surface water/wetlands, and these additional actions will be required of the contractor at no additional cost to the government. Any fueling operation must be manned 100% of the time to ensure a rapid response to any

SECTION 01 57 20 Page 12 potential fuel spillage. The fuel storage container is to be protected from vandalism by appropriate security measures which could include a fenced area with a lockable gate with high security locks on the gate and/or high security locks on the fuel dispensing equipment. These security measures are to be provided by the contractor at no additional cost to the government. The appropriate level of security measures are to be determined by the COR as appropriate to the individual job location.

For fuel stored at the job site in tanks less than 550 gallons, the COR may determine a secondary containment/and or double walled tank be required at no additional cost to the government.

3.1.2.5 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.

3.1.2.6 Hazardous Materials

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

3.1.2.7 Disposal of Other Materials

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

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

3.1.3.1 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.

3.1.3.2 Known Resources

There are known historic, archeological and cultural resources within the Contractor's work area(s). They are designated as a "buffer area" on the contract drawings or other documents. The Contractor must ensure protection for these resources and is to be responsible for their preservation during the contract's duration. The Contractor must 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.

3.1.3.3 Inadvertent Discoveries

If, during construction activities, the Contractor observes items that may have historic or archaeological origin, such observations must be reported immediately to the Contracting Officer so that the appropriate Corps staff may be notified. Examples of expected historical, archaeological or cultural resources include bones, human remains, artifacts, shell, midden, charcoal, and other evidences of human activity. The Contractor must cease all activities adjacent to the discovery that may result in the destruction of these resources and is to prevent his/her employees from

SECTION 01 57 20 Page 13 further removing, or otherwise damaging, such resources. The Corps will notify BOEM of any inadvertent onshore and offshore prehistoric or historic 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 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 media must 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. All work and ground disturbing activities within a 50-meter diameter of the unmarked human remains must immediately cease and, and the Contracting Officer or the appropriate Corps representative is to be immediately notified. The Corps must then 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 Corps may modify, suspend, or terminate work activities. Such activity must not resume without written authorization from the State Archeologist and from the Corps.

3.1.3.4 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. If 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 are to be determined in accordance with Clause DIFFERING SITE CONDITIONS.

3.1.4 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. Use construction methods that protect wetland and surface water areas from damage due to mechanical grading, erosion, sedimentation and turbid discharges. Storageing or stockpiling of equipment, tools, or materials within wetlands or along the shoreline within the littoral zone

SECTION 01 57 20 Page 14 is not allowed unless specifically authorized.

3.1.4.1 Monitoring of Water Areas

Monitor all water areas affected by construction activities.

3.1.4.2 Turbidity

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

3.1.4.3 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, the National Response Center (NRC) at 1-800-424-8802. For spills into wetlands or waterways, regardless of quantity, and terrestrial spills over 25 gallons, report to the Florida Department of Environmental Protection's (FDEP) State Warning Point at 1-800-320-0519 within 24 hours. This immediate response must include the suspension of any pumping/dewatering activities that could transport the spilt material to another location. Pumping must be suspended until the spill site is cleaned up and has no visible chemical sheen on the water surface. The Contractor is fully responsible, at no addition cost to the government for the remediation the spill cleanup to include the spill site and any location the spilt material was transferred to.

(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 will conform to applicable Federal, State and local codes and requirements and is not to 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. Fuel storage locations to include pumps and generators will be placed and have features such as earthen berms, to prevent any fuel spills to surface water or wetlands. Both spill preventive systems and any deviations from associated requirements will be approved by the Contracting Officer prior to implementation.

SECTION 01 57 20 Page 15

b. Liabilities: Liable in the amounts established in 40 CFR, Part 113 when it can be shown that oil was discharged as a result of willful negligence or willful misconduct. The penalty for failure to report the discharge of oil will be in accordance with the provision of 33 CFR, Part 153.

3.1.5 Protection of Fish and Wildlife Resources

Keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. List species that require specific attention along with measures for their protection in the Environmental Protection Plan prior to the beginning of construction operation.

In the event that a threatened, endangered, or Marine Mammal Protection Act (MMPA) species is harmed as a result of construction activities, cease all work and notify the Contracting Officer. The order of contact within the Corps of Engineers will be as follows:

Order of Contact of Corps Personnel

Title Telephone Number

Corps, Inspector Onsite/After hours to be provided Corps, Project Engineer Onsite/After hours to be provided Contracting Officer To be provided Administrative Contracting Officer To be provided Area Engineer for Area Office To be provided

Information provided above will be updated during the pre-construction meeting.

3.1.5.1 Listed Species Protection

Endangered and Threatened Species and MMPA species that may be in the project area

Common Name Scientific Name ESA Status

Florida manatee Trichechus manatus latirostris

Threatened

North Atlantic Right whale Eubalaena glacilis Endangered

Sperm whale Physeter marcocephalus Endangered

Humpback whale Megaptera novaeangliae MMPA protected

Common Bottlenose Dolphin Tursiose truncatui Marine Mammal Protection Act Protected

Shortnose sturgeon Acipenser brevirostrum Endangered

Atlantic sturgeon Acipenser oxyrhynchus oxyrhynchus

Endangered

Green sea turtle Chelonia mydas Threatened

Loggerhead sea turtle Caretta caretta Threatened

Kemp's ridley sea turtle Lepidochelys kempii Endangered

SECTION 01 57 20 Page 16

Common Name Scientific Name ESA Status

Leatherback sea turtle Dermochelys coriacea Endangered

Hawksbill sea turtle Eretmochelys imbricata Endangered

Giant Manta Ray Manta birostris Threatened

Nassau Grouper Epinephelus striatus Threatened

Scalloped hammerhead Sphyrna lewini Threatened

Oceanic Whitetip Carcharhinus longimanus Threatened

Piping plover Charadrius melodus Threatened

Red knot Calidris canutus rufa Threatened

Bald eagle Haliaeetus leucocephalus Bald and Golden Eagle Act protected

Southeastern Beach Mouse Peromyscus polionotus niveiventris

Threatened

Instruct personnel associated with the project of the potential presence of listed species as noted in the Table 3.1.5.1 in the area and the need to avoid collisions with and/or harming these animals. All construction personnel are to be advised that there are civil and criminal penalties for harming, harassing, or killing, or attempting to harm, harass or kill or listed species as noted in the Table 3.1.5.1 in the area which are protected under the Marine Turtle Protection Act, Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and/or the Florida Manatee Sanctuary Act. The Contractor will be held responsible for any listed species as noted in the Table 3.1.5.1 in the area harmed, harassed, or killed as a result of construction activities.

a. Siltation Barriers: Made of material in which manatees cannot become entangled, properly secured, and regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat.

b. Special Operating Conditions:

(1) All vessels associated with the project will operate at no wake/idle speeds at all times while in waters where the draft of the vessel provides less than a 4-foot clearance from the bottom, and vessels will follow routes of deep water whenever possible.

Boats used to transport personnel must be shallow-draft vessels, preferably of the light-displacement category, where navigational safety permits. Mooring bumpers must be placed on all barges, tugs, and similar large vessels wherever and whenever there is a potential for manatees to be crushed between two moored vessels.

The bumpers are to provide a minimum stand-off distance of four feet under maximum designed compression.

SECTION 01 57 20 Page 17

(2) Manatee or Marine Turtle Sighting: If a manatee(s) or marine turtle(s) are sighted within 100 yards of the project area, all appropriate precautions will be implemented by the Contractor to ensure protection of the manatee or marine turtle. These precautions will include the operation of all moving equipment, including vessels, no closer than 50 feet of a manatee or marine turtle.