Solicitation Amendment_W912EP25BA009_0003 SF 30.pdf

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Coastal Storm Risk Management Project Hutchinson Island, St. Lucie County, FL
Solicitation number
W912EP25BA009
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This document is a Biological Monitoring Plan for the Coastal Storm Risk Management Project at South Hutchinson Island in St. Lucie County, Florida. The project involves beach and dune restoration, including the construction of a 0.97-acre mitigative artificial reef to offset 0.57 acres of direct impacts to nearshore hardbottom. The monitoring plan covers multiple components including nearshore hardbottom monitoring, pipeline corridor surveys, artificial reef monitoring, and in-water sea turtle monitoring over a multi-year period.

Key monitoring requirements include pre- and post-construction surveys of 26 permanent transects, physical and biological monitoring of the artificial reef for three years, quarterly in-water sea turtle surveys, and detailed reporting to multiple federal agencies including FDEP, USACE, USFWS, NMFS, and FFWCC. The monitoring aims to document project impacts, track the development of the artificial reef community, and ensure compliance with environmental protection standards. Monitoring events will be conducted during summer months, with comprehensive data and report submissions required within 45-90 days of each monitoring event, including detailed documentation of survey methods, data analysis, and any observed environmental changes.

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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

SF 30 CONTINUATION SHEET

Coastal Storm Risk Management Project

South Hutchinson Island

St. Lucie County, Florida

W912EP25BA009 1 Amendment 0003

SUMMARY OF CHANGES

1. SPECIFICATIONS:

Volume 2:

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

Added Section 01 57 20 Appendix B.

2. DRAWINGS: No change to drawings.

3. For Information Only:

(End of Summary of Changes)

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES CONT.

Section 00 00 00 - Procurement and Contracting Requirements

The following changes have been made:

INFORMATION FROM TO

Contract Description

DESCRIPTION OF WORK: REFER TO

SECTION 01 00 00 FOR COMPLETE

PROJECT DESCRIPTION

DRAWINGS: SEE DFARS CLAUSE

252.236-7001, SECTION 00 70 00.

MAGNITUDE OF CONSTRUCTION IS

BETWEEN $10,000,000.00 -

$25,000,000.00.

THIS PROCUREMENT IS

UNRESTRICTED. THE NAICS CODE

FOR THIS PROJECT IS 237990 AND

THE SMALL BUSINESS SIZE

STANDARD IS $37 MILLION. IN

ACCORDANCE WITH (IAW) FAR

CLAUSE 52.236-27, AN ORGANIZED

SITE VISIT HAS BEEN SCHEDULED.

SEE FAR 52.236-27, ALT I IN

SECTION 00 20 00 FOR DETAILS.

YOU MUST BE REGISTERED IN THE

SYSTEM FOR AWARD

MANAGEMENT (SAM) TO RECEIVE

AN AWARD FROM THIS

SOLICITATION. THE SAM WEBSITE

IS LOCATED AT WWW.SAM.GOV.

**SEE BLOCK 11 - SEE SECTION 00

70 00, FAR CLAUSE 52.211-10 FOR

PERIOD OF PERFORMANCE.

BID OPENING WILL BE HELD

VIRTUALLY 26 AUGUST 2025 AT 2:

00 PM (EDT) VIA MICROSOFT

TEAMS. UTILIZE THE

INFORMATION PROVIDED BELOW

TO JOIN THE TEAMS MEETING:

HTTPS://WWW.MICROSOFT.COM/EN-

US/MICROSOFT-TEAMS/JOIN-A-

MEETING

MEETING ID: 993 970 512 120 /

PASSCODE: S5e3En7f; DIAL IN BY

PHONE: +1 601-262-2433 / PHONE

DESCRIPTION OF WORK: REFER TO

SECTION 01 00 00 FOR COMPLETE

PROJECT DESCRIPTION

DRAWINGS: SEE DFARS CLAUSE

252.236-7001, SECTION 00 70 00.

MAGNITUDE OF CONSTRUCTION IS

BETWEEN $10,000,000.00 -

$25,000,000.00.

THIS PROCUREMENT IS

UNRESTRICTED. THE NAICS CODE

FOR THIS PROJECT IS 237990 AND

THE SMALL BUSINESS SIZE

STANDARD IS $37 MILLION. IN

ACCORDANCE WITH (IAW) FAR

CLAUSE 52.236-27, AN ORGANIZED

SITE VISIT HAS BEEN SCHEDULED.

SEE FAR 52.236-27, ALT I IN

SECTION 00 20 00 FOR DETAILS.

YOU MUST BE REGISTERED IN THE

SYSTEM FOR AWARD

MANAGEMENT (SAM) TO RECEIVE

AN AWARD FROM THIS

SOLICITATION. THE SAM WEBSITE

IS LOCATED AT WWW.SAM.GOV.

**SEE BLOCK 11 - SEE SECTION 00

70 00, FAR CLAUSE 52.211-10 FOR

PERIOD OF PERFORMANCE.

BID OPENING WILL BE HELD

VIRTUALLY 2 SEPTEMBER 2025 AT

2:00 PM (EDT) VIA MICROSOFT

TEAMS. UTILIZE THE

INFORMATION PROVIDED BELOW

TO JOIN THE TEAMS MEETING:

HTTPS://WWW.MICROSOFT.COM/EN-

US/MICROSOFT-TEAMS/JOIN-A-

MEETING

MEETING ID: 993 970 512 120 /

PASSCODE: S5e3En7f; DIAL IN BY

PHONE: +1 601-262-2433 / PHONE

k3ctcmcc Cross-Out

CONFERENCE ID: 490 634 637#

**SEE ELECTRONIC BIDS IN

SECTION 00 21 00 FOR SUBMISSION

INSTRUCTIONS

A PRE-BID CONFERENCE WILL

ALSO BE HELD VIRTUALLY 4

AUGUST 2025 AT 2:00 PM EDT

THROUGH THE FOLLOWING MS

TEAMS MEETING:

MEETING ID: 993 743 890 063 /

PASSCODE: Jy2of2bM; DIAL IN BY

PHONE: +1 601-262-2433 / PHONE

CONFERENCE ID: 709 065 634#

CONFERENCE ID: 490 634 637#

**SEE ELECTRONIC BIDS IN

SECTION 00 21 00 FOR SUBMISSION

INSTRUCTIONS

A PRE-BID CONFERENCE WILL

ALSO BE HELD VIRTUALLY 4

AUGUST 2025 AT 2:00 PM EDT

THROUGH THE FOLLOWING MS

TEAMS MEETING:

MEETING ID: 993 743 890 063 /

PASSCODE: Jy2of2bM; DIAL IN BY

PHONE: +1 601-262-2433 / PHONE

CONFERENCE ID: 709 065 634#

Response Due Date

26 Aug 2025 02 Sep 2025

Section 00 21 00 - Instructions

Miscellaneous text in this section has been modified to:

ELECTRONIC BIDS

(a) Definition:

Electronic bid, as used in this provision, means a bid, revision or modification of a bid, or withdrawal of a bid that is transmitted to and received by the Government via email or other means for transmitting electronic data. No flash drives will be accepted.

(b) Offerors must submit electronic bids in responses to this solicitation in order to be considered for award. Electronic bids are subject to the same rules as paper bids.

(c) If any portion of bid received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document.

(1) The Contracting Officer shall immediately notify the offeror and permit the offeror to resubmit the bid if the bid has been received prior to due date indicated in the solicitation.

(2) The method and time for resubmission shall by prescribed by the Contracting Officer after consultation with the offeror.

(d) The Government reserves the right to make award solely on the electronic bid. However, if requested to do so by the Contracting Officer, the apparently successful offeror shall submit the complete original signed bid.

(e) The Offeror's bid shall be submitted electronically, as described below. The use of hyperlinks in the bid is prohibited. The offeror's bid is due no later than 1:00 PM (EDT) on 26 August 2 September 2025.

NOTE: The only authorized transmission method of bids in response to the subject solicitation is electronically via the Procurement Integrated Enterprise Environment (PIEE) website. No other transmission methods, such as email, facsimile, hand-carried, proprietary or DOD SAFE submissions, bids submitted by mail, etc. will be accepted. Offers submitted via any other transmission method other than the Procurement Integrated Enterprise Environment (PIEE) website will not be evaluated.

k3ctcmcc Cross-Out k3ctcmcc Cross-Out

The Offeror's bid must be received by the Government no later than the date/time specified in the solicitation and cited above. Offerors shall submit their bid using the following link: https://piee.eb.mil/

Instructions for submitting electronic bids:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the Procurement Integrated Enterprise Environment (PIEE) website.

Electronic copies of each volume shall be submitted through the Solicitation Module of PIEE at https://piee.eb.mil. If there is a system outage, see below. All bids received after the exact time specified for receipt shall be treated as late submissions.

For instructions on how to post an offer, please refer to the Posting Offer demo: https://pieetraining.eb.mil /wbt/sol/Posting_Offer.pdf.

It is the Offeror's responsibility to obtain written confirmation of receipt of all electronic files of the full bid by the Contracting office. The submission date for all Volumes shall be no later than the date and time specified in Block 13 of the SF 1442 of the Solicitation. In the unlikely event the PIEE system is not operational, experiences technical difficulties, or a Contractor is temporarily unable to access or use the system, the Contractor shall immediately notify the Contracting Officer. This Notification must occur prior to the bid submission deadline. Contractor notification shall be in writing and may be in conjunction with verbal notification, but verbal notification alone shall not be sufficient.

The alternate method for bid submission is via expedited delivery or hand-carried. The Offeror must obtain prior approval from the Contracting Officer to use the alternate submission method. The Contractor shall have 24 hours to provide their bid upon contracting officer approval. In the event that the Contractor alleges technical difficulties and does not notify the contracting officer until after the closing date and time, the contracting officer will follow the procedures identified in the Federal Acquisition Regulation (FAR) and then make a determination if the Contractor's late bid submission is accepted.

Screen shots of the submission should be taken to validate a submission was accepted in the PIEE system. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, it is recommended that you combine or ZIP your files before uploading to the PIEE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

File Description:

To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention. Each file name shall begin with the solicitation number, followed by the word "RESPONSE", followed by your firm's name and finally a brief file description.

EXAMPLE:

"W912EP25BA009 RESPONSE FIRM NAME.pdf"

File Organization, Formatting, and other instructions:

Each file shall be clearly indexed and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized--larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages. Offerors shall prepare bids in the English language. Bids shall be in a narrative format, organized and titled so that each section of the bid follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in each section for each factor.

Include a "File Description" for each file(s) you upload. The "File Description" will be included in the email notice to each of the recipients you choose to have access your file(s).

NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.)

Upload Completion & Deadline:

Interested parties shall submit responses no later than the date cited above. Offerors should time their upload effort with prudence by not waiting until the last few minutes--this will allow for unexpected delays in the transmittal process. Submissions after the deadline may be emailed to Contract Specialist Meredith Coad at (Meredith.C.Coad@usace.army.mil) but be advised, they will be considered late and as such, will be processed in accordance with FAR 15.208.

Submission shall be in Adobe PDF format.

Receipt of Submission:

For the purposes of establishing whether a bid submission is considered timely, the Government considers the date and time the submission is completely uploaded into the PIEE website. For multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the PIEE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases. The Government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive bids. Offerors are responsible for ensuring that offers are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the offer to be received in accordance with the instructions provided.

CSRM Project Hutchinson Island St. Lucie County, Florida

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 Scientific Diver(S) 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 W912EP25BA009 Amendment 0003

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

3.1.5.15 Protection of Gopher Tortoise (GT) Populations (Gopherus polyphemus)

3.1.6 Seagrass Protection Measures

3.1.7 Protection of Air Resources

3.1.7.1 Particulates

3.1.7.2 Burning

3.1.7.3 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.

0154626-001-JC; Effective Date: June 6, 2012 and modification 0154626-008-JN; Effective Date: July 30, 2021; Expiration Date: June 6, 2027; and modification 0154626-010-JN Effective Date: March 10, 2025; Expiration Date: June 6, 2027.

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 Management (BOEM) Negotiated Lease Agreement No. OCS-A 0548 issuedAugust 14, 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

SECTION 01 57 20 Page 4 melodus) and its designated Critical Habitat. Consultation Code 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 of Section 00700 CONTRACT CLAUSES in Volume 1.

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

Pre-Construction Pipeline Corridor Hardbottom Survey Report ; G, DO

Winter Shorebird Survey ; G, DO

Pre-Construction Pipeline Corridor Hardbottom Survey ; G, DO

SD-02 Shop Drawings

Turtle Deflector Device ; G, DO

SD-06 Test Reports

Escarpment Site Visit Report(s) ; G, DO

Post-Placement Pre-Pumping Pipeline Survey Results ; 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

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

SECTION 01 57 20 Page 5

(For Hopper Dredges Only) ; G, DO

Scientific Diver(S) 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

Invasive And Nuisance Species Report ; G, DO

Project Environmental Summary Sheet ; G, DO

Post-Construction Pipeline Corridor Hardbottom Survey ; 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

SECTION 01 57 20 Page 6 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 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, SECTION 01 57 20 Page 7 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.

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)Marine Turtle 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, SECTION 01 57 20 Page 8

(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 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 Scientific Diver(S) Qualifications

St. Lucie County Only: Submit the names and qualifications of the individuals performing hardbottom monitoring for the purpose of pipeline placement to the Contracting Officer for review and approval no later than

SECTION 01 57 20 Page 9

10 calendar days after Notice to Proceed. These individuals will be certified SCUBA divers in accordance with Section 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS and EM 385-1-1 Section 10 and have a BS degree or higher in the study of marine biology or a comparable field, must have scientific knowledge of local benthic marine hardbottom habitats and their flora and fauna, and have professional experience in conducting hardbottom monitoring surveys. If additional monitoring team(s) are subcontracted, or new staff are added to the monitoring team, submit proposed changes and qualifications to the Contracting Officer for review at least 10 days prior to a monitoring event. The Contractor's selected biological monitoring firm is fully responsible for training of new staff members and subcontractors on the required monitoring procedures, as well as the QA/QC verification of their work.

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 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

SECTION 01 57 20 Page 10 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, 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

SECTION 01 57 20 Page 11 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 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

SECTION 01 57 20 Page 12 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 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

SECTION 01 57 20 Page 13 activities: (1) the National Historic Preservation Act, as amended; and,

(2) the Abandoned Shipwreck Act.

3.1.3.2 Known Resources

If known historic, archeological, and cultural resources within the Contractor's work area(s) are present, it will be designated as an 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.

3.1.3.3 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 USACE Project Archaeologist 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, USACE Project Archaeologist 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 USACE 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.

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