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Backup Documents 04/14/2015 Item #16A24 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO k a 2 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA n Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office C NSG \WV 4\ k\cc 4. BCC Office Board of County ice• Commissioners V / /c., 4\'t<,\\S-- 5. Minutes and Records Clerk of Court's Office I1b(t5 g, � Cte PRIMARY CONTACT INFORMATION tt Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff �, ] Phone Number / /� Contact/ Department 6' I r t 0611 5to '" _ v 1 b N. Agenda Date Item was Agenda Item Number // Approved by the BCC —/7`I S /Q. 4 9 7 Type of DocumentitAXLS Number of Original '"Attached Documents Attached 9 PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? • '� 2. Does the document need to be sent to another agency for additional signatures? If yes, ,Q_o provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. w o>,, �� 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. '• 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. r'!� 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw f your deadlines! 8. The document was approved by the BCC on�kr t`{ rater date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed die changes,if applicable. 71"114. ��� 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready fo the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2. •.. 111/30/12 -� United States Department of the Interior 1 6 A 2 4 .a. 1 Hl:RI\t.' OF' U('1;,Av I NI RGI' MANAGEMENT A A WASHINGT()v IX' 20240-0001 FEB 26 2015 Mr. Gary McAlpin Coastal Projects Manager Collier County Government 2800 N. Horseshoe Drive Naples. Florida 34104 Dear Mr. McAlpin: Enclosed please find a copy of the Lease providing for the use of up to 500.000 cubic yards of Outer Continental Shelf sand resources from Borrow Area T-1 for the beach nourishment project along Collier County. Florida(BOEM Negotiated Agreement No. OCS-G 35160). Upon receipt of this package. please sign and date each of the four signatory pages and return all four originals to BOEM at the address listed below: Jeffrey Reidenauer. Ph.D. Chief. Marine Minerals Branch Bureau of Ocean Energy Management 381 Elden Street. HM 3120 Herndon, Virginia 20170 BOEM will execute the Lease and provide two originals to you for your record. Please do not hesitate to contact Jeffrey Reidenauer at je11rcn.reidenauer_a hoenm.®oN or (703) 787-1851 if you have any questions. Sincerely. r Robert Samuels Chief. Leasing Division Enclosure .. _ ..., _ __ _ fedex.com 1800.GoFedEx 1.800.463.3339 1 6 A 2 4 w ra i g €I!a I r IF lit 0 ri ii 3 I' m n Yn b' m H y 3 !‘— :.„,.^ -n I 1_ x 0 8 ',.A- CSD co ,. 9 o �gt m rn e JI1 os v .f....r... g-Ei ■■■ N C E:"" ... C3 mmoommom 0 Cr— t‘,..: t. r o .... ,,, ._. , ,, j �.,f, o i 0 El L' fgigE. gig5 — cri3 c ig❑ " ii ❑ !is ❑ " �"' 0 ❑ ❑ e m Ek igv - 3 0 i Rig - `° 3l FEE .;9a aaa y E �F i& 2 g 4 n, m �7rS 3 y 8 9 3'� N $ g� ❑ m a lig 9i' -alF g O e e g s 'gn S g o' z.. E.0 4/-e. v st N Al $ I `-lgc [ Im c a 3i' 'Gm emf ru 4 s a m r k 5,Esq ?LP w ❑ _ I 1 Zw P ? u g i Y `#. a $sm y g W b R H 1 i a a g x'rid _ 0 ❑ $ ria., Fa E 4 El 7.5 W 0 FgR W117 Fri, X�i av cg o m® a. Pirim a tiigg.�oti an A ii' c� 0 o 11!1 o " T X LMaga ❑ _ o ❑ s q $ a3= 10 16A24 LEASE BETWEEN TIlE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND COLLIER COL TV, FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR SHORE PROTECTION AND RESTORATION IN COLLIER COUNTY, FLORIDA BOI:\l Negotiated Agreement No. OCS-G 35160 Title I. L Ilanaton Recital' A. This lease ("Lease") is made wider the authority of Section 14(k)(2)(A)(s) of the Outer Continental Shelf Lands Act(OCSI_A)of August 7. 1953 (43 U.S.C. 1331 et seg.). P.L. 95- 372, as amended b> P.L. 103-426, between the United States Department of the Interior (1)01). acting through the Bureau of Ocean Energy Management (13OFM). and Collier County. Florida (the "County" collectively with 13()I'M and DOD. the "Parties") for the renourishment of beach along 7.5 miles of coastline between Wiggins Pass and Gordon Pass. including Vanderbilt Beach. Pelican Bay. Park Shore.and Naples Beach. B. The County is undertaking a project in furtherance of the abo'iementioned goal to renourish Vanderbilt Beach. Pelican Ba). Park Shore.and Naples Beach (the "Project"). C. Prior to the notice-to-proceed with construction. the County will procure lands, easements. and rights-of-way (collectively, "Land Rights") as necessary from upland landowners. other property rights holders, and other persons and entities of appropriate scope and duration to facilitate the Project. Title II. Purpose and Authority A. The 001.acting through BOW.enters into this Lease with the Count) providing for the use of up to 500.000 cubic yards of Outer Continental Shelf sand resources((K'S sand resources) for the Project under the authority of Section R(k)(2) of the OCSLA (43 U.S.C. 1337(k)(2)). The term "OCS sand resources- means the sand. gravel. and shell resources found on or below the surface of the seabed on the Outer Continental Shelf(UCS).as defined in Section 2(a) of the OCSI.A (4: I ' S C. I+:)(a0. Chis Lease authorizes the County to use OCS sand resources from Borrow ,Area 1-1. as designated and shown in 'Table 1 and on the attached map(Attachment 1). in accordance with the terms of this Lease. After removal of the (X'S sand resources from the 0( S and placement of those resources as specified in this Lease. BOEM has no jurisdiction over those sand resources unless they return to the OCS. Page I of 30 1 6 A 2 4 Table I. Borrow Area T-1 Coordinates Based on the Florida Slate ('lane Coordinate System, East Zone, North American Datum of 19K3 (NAI)83). Northing Easong 753660 6 201670 4 752746.4 201243.5 • 751965.9 201725 7 751 874 8 ._.. 261926-4 7516363 j 2019192 750216.9 1 202808 3 750122 3 203042 4 750110.4 -•+•__._204884 4 75010576-t- 205611 1 7501002 7 206418.5 75C095 7 Y 207103.5 750088.8 208155.6 750399 7 207778.1 751205 8 206799.1 751473 2 2084744 751649 2 206280.5 _, 752336.0 206057.7 753426.6 205735.6 753612.0 205517.8 753617 2 205103.1 753627 3 204300.9 —753658.5 201834.4 B. BOEM. under authority delegated by the Secretor) of the Interior. is authorized. pursuant to Section Fi(k)(2) of the (X'SI.A (43 t).S.0 . § 1337(k$2)) to enter into this Lease concerning the potential use of OCS sand resources. HOFM has determined that the Project meets the requirements of Section ittkX2)(AKi)of the OC'SLA. Therefore. in accordance with Section S(kM2). and subject to the terms and conditions as contained herein. }3OE\1 hereh) authorizes the use of OCS sand resources from Borrow Area I-I identified in Table I liar the construction of the Project. The Parties acknowledge that under the terms of Section S(kh2)(13). 1301'M will not assess any Ice against the County for the use of the UCS sand resources described herein. In consideration of the provision of ()CS sand resources for the Protect. the County will provide to BOEM survey results and other data as provided herein. which will.among other things. give BOEM valuable infmtation on the Borrow Area. Nothing in this lease is intended to abrogate or diminish the Secretary of the Interior's authority under the(X'SI.A to oversee and regulate the removal of OCS sand resources. Page 2 of 30 2 4 16A24 C. Nothing in this Lease is intended to impede or hinder the County's ability to complete the Project or abrogate or diminish either Party's authority or responsibilities under applicable law. including but not limited to the National Environmcntai Policy Act (NLPA). Endangered Species Act (ESA). Magnuson-Stec ens Fishery Conservation and Management Act (MSA). Marine Mammal Protection Act (MMPA). National Historic Preservation Act (NHPA),or the Coastal /one Management Act (C/MA). Title Ill. Project Description 'I his Project is intended to renourish the beach, reduce coastal storm flooding and erosion, and mv ids recreational and env irnnmental habitat benefits along eroded areas of the Collier County shoreline. The County may extract up to 500.000 cubic yards of ()CS sand resources to renourish the beach. The OCS sand resources will be extracted from Borrow Area '1'-I (Attachment I and placed between Wiggins Pass and Gordon Pass. including Vanderbilt Beach, Pelican Bay. Park Shore. and Naples Beach (see Attachment 2). 'Title IV. Provisions A. BOEM authorizes the use of(X'S sand resources from Borrow Area T-i. l'he County or its contractors) may extract. transport. and place such OCS sand resources from Borrow Area T-1 only in accordance with the terms and conditions set forth below and in accordance with the Florida Department of Environmental Protection's Joint ('oastal Permit (JCP) No. 0222355-012-JN. the LS. Annv Corps ot'E:ngineers ilISACI ) Permit No. SAJ-2003-12405 (IP-MN). USACE Permit Modification 'GAJ-2003-12405 (MOD-K[7S). and any other applicable permits. B. 'Phis Lease applies only to the extraction. transportation. and placement of ()CS sand resources as described ulai%e. The Lease will terminate or expire upon the following occurring: (1) the County sending written notice to the Chief. Marine Minerals Branch. Leasing Division, BOEM. 381 Elden Strut, HM 3120. Herndon. Virginia 20170. that the County has received 500.000 cubic yards of OCS sand resources. or. (2) three years from the date of execution of this lease. whichever occurs first. (.pon request by the County, the parties may agree to extend the terms of 014! Lease as nececcsary to provide the County and its contractors(s) with additional time to complete the Project. the parties acknowledge that there may be a need for future ()C'S sand resources for periodic maintenance, augmentation. or construction purposes. B()EM and the County may enter into subsequent agreements. for the use of OCS sand resources for the Project, consistent with each Party's responsibilities under applicable law. C. BOEM and the County recognize that planning and coordination among the Parties will ensure that responsibilities under()CSI..A. and other applicable Federal laws. are carried out and accommodated in an efficient and timely manner so that the project schedule will not be unnecessarily delayed or compromised. Both parties recognize that BOEM, as a Bureau in I)()1. has certain responsibilities for the orderly, timely. and efficient recovery of (K'S minerals using the best available and safest technology while ensuring environmental stewardship and compliance. With respect to the Project. BUEM and the County agree to the following terms: Page 3 of 30 0 16A24 6 A 2 1. Plans and Performance Requirements The County will ensure that all operations at Borrow Area T-I are conducted in accordance with the final approved -Construction Solicitation and Specifications Plan" (the "Plan") and all terms and conditions in this Lease. as well as all applicable statutes, regulations, orders, and any guidelines or directives specified or referenced herein. The Count> will send BOEM a copy of the Plan and any modifications when available. The County will allow BOEM to review and comment on modifications to the Plan that may affect the project area. including the use of submerged or floated pipelines to directly convey (X'S sand resources from the borrow area to the placement site. Said comments will he delivered in a timely fashion in order to not unduly delay the County's construction contract or schedule. The County will ensure that all operations at Borrow Area T-1 are conducted in accordance with the final approved Plan and all terms and conditions.in this Lease. as well as all applicable statutes, regulations. orders. and any guidelines or directives specified or referenced herein are met. The dredging andlor conveyance methods t nn Borrow Area T-1 will be consistent with the project proposal analyzed in the supporting NEPA documents, and the method identified in other authorizing documents and all associated state and Federal permits. If dredging andior conveyance methods are not wholly consistent with those evaluated in the relevant NEPA documents and environmental and cultural resource consultations. and those authorized by the USACE and state permits. additional environmental relieve may be necessary. If additional NEPA analysis. consultations, coordination, and'or Federal or state permits require modification of the Lease.an amendment may be required. Prior to the commencement of construction. the County will provide a summary of the construction schedule. consistent with Paragraph 14. The County, at the reasonable request of BOEM or the Bureau of Safety and Environmental Enforcement (13SE E), will allow access. at the site of any operation subject to environmental and safety regulations. to any authorized Federal inspector and must provide 1301M or BSEE with any documents and records that arc pertinent to occupational or public health. safety. or environmental protection. conservation of natural resources.or other use of the(X'S. as may he requested. 2. Endangered Species Act (ESA) Compliance with the NMFS Biological Opinion and Incidental 'Fake Statement/Recommendations BOEM is the lead agency on behalf of the Federal Government to ensure the Project complies with all terms. conditions, and recommendations of the NMFS Biological Opinion (dated August 13. 2013. available online at fail, t ww.hocrr3. uv(‘.)i r—( ourjt‘,-Bt).). For all activities undertaken pursuant to the Piojeet. the County agrees to implement all terms, conditions, and recommendations in the NMIS Biological Opinion. which arc summarized as provided in Attachment 3 of this Lease: to the extent the summaries or this Lease diner from or conflict with the Biological ()pinion. the Biological Opinion governs. Further. for all activities undertaken pursuant to the Project. the County agrees to implement all terms. conditions, and recommendations in NMFS 2003 Gulf of Mexico Regional Biological Opinion (GRBO) issued to the U.S. Army Corps of Engineers and incorporated in the 2013 Biological Opinion. the Page 4 of 30 1 6 A 2 4 GRBO is also described in Attachment 3. the County agrees that it will consult with BOEM prior to commencing operation if it has any questions about the application of the URBO. The County will instruct its contractors) to implement those mitigation terms. conditions. and measures required or recommended by NMIS in the (Biological Opinion. In the event that the contractor is not able to provide the required inspection of the turtle deflector equipment. the County will notify BOEM prior to conducting the activity and the County will be required to retain a NMFS-approved third-party contractor to pert.wm the inspection. In addition to any reporting requirements or recommendations in the Biological Opinion. copies of all relevant correspondence. monitoring, and reporting must he provided to BOEM within 14 days of issuance at dredeeititii a hoem.Loy. .1he County agrees to respond to all reasonable requests from and cooperate with BOEM and NMFS in meeting their obligations under the ESA. In the event of any collision with or injury. of a threatened or endangered species, including but not limited to sea turtles. the County andlor its contractor(st must stop all dredging operations and immediately contact the NMFS Protected Resources Division (727-824-5312 or takerepon.nmfsserlwnoaa.gov). the local authorized sea turtle stratxiingrrescuc organization (lutp://www.sefsc.noaa.govispeciesaurtles/strandings.htm). and 1301.1M (dredeeinic a bucut.au� and 703-787-1215). The County acknowledges and agrees that. even where it is otherwise in compliance %vitt' the terms and conditions of this Lease and other required authorizations, incidental take of sea turtles or other endangered species by the County or its authorized contractors. within Federal waters. may require suspension of the Lease by ROI;M and reinitiation of consultation with VMFS. The amount and severity of incidental take that will trigger suspension. and the need for any such suspension or reinitiated consultation, will he determined at the sole discretion of BOEM. Depending on the results of an assessment of the take or reinitiated consultation. BOEM in its sole discretion may reinstate the Lease. revoke and terminate the Lease. negotiate with the County an amendment to the existing Lease, or enter into a new Lease with additional terms and conditions to protect threatened and endangered species. The County understands and agrees on behalf of itself, its agents. contractors. and other representatives, that no claim. legal action in equity for damages. adjustment. or other entitlement against BOEllvt will arise as a result of any suspension or related action. 3. Environmental Compliance l3OUM must ensure that the project complies with applicable environmental laws. including hut not limited to ESA. MSA. NHPA. and CZMA. The County agrees to include in its Plan and implement all proposed avoidance and minimization measures identified and analyzed in the associated NEPA documents for this project (see Environmental Assessment/or the Issuance n/u .`,.,n-('iunpeiitice Lease for Use c,l (liner Continental Shell Sandy fur the ('oilier G'uunir' Beach kt nourishment Project. ('anter ('o ny Florida (July 2013). pp. 63: available at wwvv.bocm.gov!Collicr-County-FA-Attachments*►. To minimize the severity of benthic impacts, the County will require dredge contractors to leave undisturbed space between the dredge cuts to allow the relatively intact benthic communities between the furrows to be a source of colonists to adjacent disturbed areas. Page 5 of 30 0 16A24 4 The County is responsible for compliance with all Federal and state permits related to the Project, including but not limited to implementation of sediment compatibility and compaction monitoring, sea turtle conditions. marine mammal special conditions, and seasonal construction windows. Construction will not commence until the pre-construction requirements have been completed. Additionally. the County will require its contractors) to implement the mitigation terms. conditions. and measures required by NMFS. U.S. Fish and Wildlife Service, Florida Department of Environmental Protection. the LSACE. and BOEM, as appropriate. pursuant to applicable Federal and state laws and regulations. In addition to the requirements identified in this Lease. required mitigation terns, conditions, and measures are reflected in the Biological Opinion (summarized in Attachment 3) and Conservation Recommendations. Copies of all relevant correspondence. monitoring. and reporting must be provided to BOEM within fourteen (l d) days of issuance at dredt ci n I t..11o rthgo% (including but not limited to observer and dredge reports). 4. Pre- and Post-Construction Notification of Activity it or near the Borrow Area The County will invite BOLM to attend a pre-construction meeting that describes the County's and,or its agents' plan and schedule to construct the Project. The County. after receiving notification from its contractorts), will notify ROI M at dr,dgeintolu boem.irn within 72 hours prior to the commencement. and no later than 24 hours after termination. of operations at Borrow Area 'f-i. BOEM will notify the County in a timely manner of any OCS activity within the jurisdiction of the DOl that may adversely affect the County's ability to use()CS sand tier the Protect. S. Dredge Positioning During all phases of the Project. the County will ensure that the dredge and any bottom- disturbing equipment is outfitted with an onboard global positioning system (CIPS) capable of maintaining and recording location within an accuracy range of no more than plus or minus 3 meters. The CIPS must be installed as close to the cutterhead or draghead as practicable. During dredging operations. the County and/or its agents will immediately notify BOEM at ar,!dgeinfi►a hoem if dredging occurs outside of the approved borrow area. Anchoring. spudding. or other hottom-disturhing activities arc not authorized outside of the approved borrow area on the OCS. except when then ate immediate concerns regarding safety. navigation risks. or emergency situations. l'he County and'or its agents will provide BOLM all appropriate Dredging Quality Management (DQM) or other equivalent data acquired during the project using procedures jointly developed by BOW and the USAC'L's National l)QM Program Support Center. The County will submit the DQM or other equivalent data. including draghead. cutterhead. or other hydraulic or mechanical dredging device biweekly to dredge,'intO liooem.g.tis. A summary dataset will be submitted within 90 days of completion of the Project. If'available. the County will also submit Automatic Identification System (AIS) data for vessels qualifying under the International Maritime Organization's(1M0) International Convention for the Safety of Life at Sea. 6. Submittal of Production and Volume Information Page 6 of 30 CA 1 6 A 2 4 The County and/or its agents, in cooperation with the dredge operator. will submit to ROW on a biweekly basis a summary of the dredge track lines. outlining any deviations from the original Plan. A color-coded map of the draghead. eutterhead or other hydraulic or mechanical dredging device will be submitted. showing any horiiuntal or vertical dredge violations. The dredge track lines will show dredge status. including. botching. dredging. transiting. and pump-out. This map will be provided in PDF lottnat. The County and/or its agents will provide at least a biweekly update of the construction progress including estimated volumetric production rates to BOEM. The biweekly deliverables will be provided electronically to zirc dein.«��boein.,, o. The project completion report. as described below in Paragraph 11. will also include production and volume information. including Daily Operational Reports. 7. Local Notice to Mariners The County and/or its agents must require its contrictorts) for the Project to place a notice in the 11.S. Coast Guard (areal yottce to Mariners regarding the timeframe and location of dredging and construction operations in advance ot'commencement of dredging. 8. Marine Pollution Control and Contingency Plan The County ander its agents must require its contractor(s) and suheontraetorls► to prepare for and take all necessary precautions to present discharges of oil and releases of waste and hazardous materials that may impair water quality_ In the event of a discharge, release, or incident. notification and response must be in accordance with applicable requirements of 40 CPR part 100. All dredging and support operations must he compliant with U.S. Coast Civard regulations and the I .S. Environmental Protection Agency's Vessel General Permit, as applicable. The County undior its agents must notify BB(1hM of any noncompliant discharges. releases. or incidents and subsequent remedial actions taken, and pros ide copies of all reports of the incident and resultant actions electronically. 9. 1Rathvmetric Surveys the County and.or its agents will provide ROI M with pre- and post-dredging hathymetric surveys of Borrow Area"I-1. the pre-dredging survey will be conducted within 60 days prior to dredging. I he post-dredging survey will be conducted within 60 days after the completion of dredging. If. within the next I to 3 years. the County conducts any bathometric surveys of Borrow Area T-t,copies of the survey(s) will be provided to BOEM. Ilydnrgraphic surveys will be performed in accordance with the USAGE Ilydrographic Sun ey ing Manual EM 1110-2- 1003, providing 100 percent seamless coverage using intcrferometric swath or multibeam bathymetry. All bathymetric data will be roll, pitch. heave, and tide corrected using accepted practices. Three equidistant cross-tie lines will be established parallel to the same baseline. All survey lines will extend at least 50 meters beyond the edge of the dredge areas. All data will be collected in such a manner that post-dredging bath>metry survey data is compatible with the pre- dredging bathymetric stale) data to enable the latter to be subtracted from the former to calculate the volume of OCS sand resources removed, the shape of the excavation. and nature 01' post-dredging bathymetric change. Page 7 of 30 I �. Copies of pre-- and post-dredging hydrographic data will be submitted to BOEM via Ji J5.infop hoein,cov within thirty (301 days after each survey is completed. The delivery format for data submission is an ASCII file containing x, y. and z data. The horizontal data will be provided in the North American Datum of 1983 (NM) '113) Florida State Plane. U.S. survey feet. Vertical data will be provided in the North American Vertical Datum of 1988 (NAVD '88). U.S. survey feet unless otherwise specified. An 8.5-x-11-inch plan view plot of the surey track points. as well as contour lines, will be provided at appropriate elevation intervals. These plots will be provided in PDF format. Survey mtadata will also be provided. 10. Archaeological Resources Onshore Prehistoric or Historic Resources If the County discovers any previously unknown historic or archaeological resources while accomplishing the project nearshore of or ir the vicinity of Vanderbilt Reach, Pelican Ray. Park Shore. or Naples Reach. Collier County will notify I3t)FM of any finding. The County will initiate the Federal and state coordination required to determine .1 the resources warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places, and appropriate action for the resolution of'adverse effects. 0.1Shore Prehistoric or Historic Resources in the event that the dredge operators discover any archaeological resources while conducting dredging operations in the borrow area or in the vicinity of pump-out operations,the County will require that dredge andior pump-out operations be halted immediately within 305 meters (1.000 sect)of the area of discovery. The County will immediately report the discovery to Chief. Division of Environmental Assessment, 1301;M. at (703) 787-1660. if investigations determine that the resource is significant. the Panics will together determine the necessary further action required and how best to protect the resources. 11. Project Completion Report Consistent with Paragraph 14. a project completion report will be submitted by the County to ROFM within c)O days following completion of the activities authorised under this Lease. This report and supporting materials must be sent in writing and electronically to: Chief. Marine Minerals Branch. BOEM. 381 Elden Street. 11M 3120. Herndon. Virginia 20170 and hedge iito it hoein.gos. The report mus:contain.at a minimum. the following information: • the names and titles of the project managers overseeing the eflOrt(fix the County. the engineering firm (if applicable), and the contractor), including contact information (phone numbers. mailing addresses. and email addresses): • the location and description of the project, including as-built textures, boundaries and acreage, the constructed beach width and length. the final total volume of material extracted from the borrow area and the volume of material actually placed on the beach or shoreline(including a description of the volume calculation method used to determine these volumes): Page 8 of 30 1 A24 • DQM or equivalent data. in ASCII tiles containing the x.y. z and time stamp of the cutterhead or drag arm locations: • a listing of construction and construction oversight information. including the prime and subcontractor(s). contract costs.other relevant construction information: • a list of all major equipment u.ed to construct the project: • a narrative discussing the construction sequences and activities, and. if applicable.any problems encountered and solutions: • a list and description ()fan) construction change orders issued. if applicable: • a list and description of any safety-related issues or accidents reported during the life of the project: • a table,an example of which is illustrated below. showing the various key project cost elements: Cost Incurred as of Item Construction ('omplctiun I Construction I.ne tncerin;,and Design Inspections/Contract Administration + Total • a table.an example of which is illustrated below.showing the various items ot'work construction and final quantities: Item Item Estimated Final No. Quantity i Quantity • 1 Mobilization and Demobilization Beach Fill 3 Am beach or offshore hard structure placed or removed • a narrative and any appropriate tables describing any environmental surveys or efforts associated with the project and costs associated with these surveys or efforts: • a table listing significant construction dates beginning with bid opening and ending with final acceptance of the project by the County: • digital data containing the as-built drawings.beach-till cross-sections,and survey data: • any additional pertinent comments. Page 9 of 30 0 1 A24 12.Reporting Compliance 'Pie County andror their agents will designate. in advance of construction, a single point-of- contact responsible for facilitation of compliance with all Lease requirements. ROLM also requests the County designate a hack-up contact. should the original contact be unavailable. The contact information will be provided to BOLM at eiredeeinfo a bocnt.gov at least 30 days in advance of dredging and construction operations. The Parties will attempt to reasonably comply with the provisions of this Lease. Should there be an allegation of a failure to comply. the noncompliance will be corrected as soon as possible and/or resolved jointly among BOEM and the County. including through the dispute resolution process identified in Paragraph 15. as necessary. 13. Responsibilities As between BOEM and the County, the County assumes all responsibility for the Project. activities authorized under this Lease, and the determination of the suitability of OCS sand resources for these purposes. BOEM does not warrant that the OCS sand resources used in this Project are suitable for the purpose for which they are intended by the County. and BOEM disclaims any and all responsibility fur the physical and financial activities undertaken by the County or any other parties in pursuit of the Project. 14.Sharing of Information Consistent with the purpose stipulated by the Parties in this Lease, and to the extent allowed by law, policy, and regulation. the County and BOEM agree to(I)share all information needed for or generated from the Project. including the sharing of implementation and other applicable schedules; (2) provide such information to the requesting agency as expeditiously as possible: and(3) work to ensure that all required completion report information is received. 15. Resolution of Disputes The Parties agree to make every attempt to settle any disputes regarding this Lease at the lowest operational ley el possible. In the case of(I) a substantial disagreement between BOEM and the County with respect to any aspect of BOE.M's authorization of the use of OCS sand resources in accordance with the terms and conditions as specified or(2)any alleged breach by a Party of the terms and conditions as specified herein, the undersigned will designate a senior management official in their respective organization to state the areas) of disagreement or alleged breach in writing and present such statement to the other Party for consideration. If resolution is not reached within 60 days, the undersigned will request the active participation of the County Manager. Collier County and the Deputy !Director, HOLM. Page I 0 of 30 Cl") 16A24 16.Notices Except as otherwise provided herein. all notices relating to this Lease or activities authorized hereunder by or among the Parties must be provided to the following addresses: To Collier County: Leo E. Ochs.Jr. County Manager Collier County Government 3299 Tamiami Trail Fast. Suite 202 Naples. F1. 34112-5746 Gary McAlpin Coastal Projects Manager Collier County Government 2800 N. Horseshoe Drive Naples. Florida 34104 To BOEM: Jeffrey Rcidenauer Chief, Marine Minerals Branch Bureau of Ocean Energy Management 381 Elden Street HM 3120 Herndon, Virginia 20170 Ail electronic notifications. submissions and deliverables to ROI:M should be sent to: -circ einI Ixkm S10_. 17. Miscellaneous This !.ease does not abbot any preexisting or independent relationships or obligations among the Parties, including any other relationships or obligations between BOEM and the County. or any other units of such Departments or agencies. All rights in the borrow area not expressly granted to the County by this Lease are hereby reserved to I3OEM. BOEM reserves the right to authorize other uses in the borrow area that %+ill not unreasonably interfere with activities authorized under this lease. 1301M will allow the County to review and comment on any proposed authorizations for the use of OCS sand resources in the borrow area while this Lease is in effect. Nothing herein is intended to conflict with current BOEM. other Federal. state. or County statutes. regulations or ordinances. If the terms of this Lease arc inconsistent with existing statutes, regulations or ordinances of either of the Parties entering into this Lease, then those portions of this Lease that are determined to he inconsistent will he invalid, but the remaining terms and conditions not affected by the inconsistency will remain in toll tierce and efi"ect. At the Page ] ! of 30 1 6 A 2 4 first opportunity for review of the Lease. all necessary changes will be accomplished either by an amendment to this Lease or by entering into a new Lease. whichever is deemed expedient to the interests of the Parties. This agreement may be executed in two (2) or more counterparts.each of which will be deemed an original. The signatures to this agreement may be executed on separate pages. and when attached to this agreement. will constitute one complete document. The remainder of this page intentionally y fit hank. Page 12 of 30 C� 1 6 A 2 4 LEASE BETWEEN THE. BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND COLLIER COUNTY,FLORIDA REGARDING TIlE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR BEACH RENOURISHMENT IN COLLIER Cot`NTY, FLORIDA 1101:NI Negotiated Agreement \o. O(•S-t; 35160 L. Renee Orr 'Tim Nance Chief. Office of Strategic Resources Chairman Bureau of Ocean Energy Management Collier County Board of Commissioners Department of the Interior Collier County. Florida Date: Date: «. 44.114lS___ -_-_ .-_ __ DWIGHT E. MOCK, Clerk By Attes •:, 0' signature only. Approved as to form legality Assistant CountyA ttonxy Page 13 of 30 (C 1 6 A 2 4 This page intentionally 10 blank 1 Page 14 of30 16A24 4 ........ it 1� 08th 0 0 PII Q �iflai1 I1 r • / UMW I 'iliII r 1 ' Iii Ai .- 4 I 1 k ..._..„,_ ; ft,',"!..../. i• -,' .',.-# ,.. ... • ..... .,_:.• -,.," t !. / , t riff , ti mr W a 't! • ..- o eo 4• ' . 4 ` iti . ' $ uplift{ Q 1. `• ,6e. r �.. 0 ;t't . t \•. b� . '- Oi Ai le P ". 7.4, 5 . . E. . • •• .,,, _ 'if .. , ,„ 1 LEEN ' . 1 . am L . I- : ' ..' ihille: i1 OR , / , o • • \ I 71 i il .- ,/ .* ► CO 1.311/11! sle LAMM .M I • aa: . it'I1 1f1_ ., t--- ,. fa h } t �OPd to . 1.�•Ot_ �S� �. ' nr b. nsCSrGLLCs i Z . ? 111111t11111111111111111 0 1 �: 5 _ R��la•c/k• • • 11111/111111111 .1111/111 •'•. a��i"wwwS�iiiiF‘ „R"" ■.• CureCurer. hawses&tlraiss r es.time. asar wwaor — •u '. • ' ` - r saNNIM Haws aw- , +.. _._.4......e.,,.» F tkS# .__ . . 1 6 A 2 4 11 BAREFOOT MACH -IA.- -1,4 4 iOG/NS PASTALLAHASSEE JACKSONVILLE 1:'"141141011 OELfrO1T•WIGO : \ PPOJEGT ORLANDO STATE PART{ • . n r.f LOCATION TAMPA ATLANT C OCEAN 5.=-7.--- HENDRY CO. 0 roc* ��' LEE BATON \ VANDERBILT co Oleir mmi VANDERBILT I$ �rl BEACH cct N 700000 _ '�• i CF s .'' 4\y GUI F MEMO ,s0 0. .,� • or y� NIONROE CO. r'�e0'' PELICAN BAY l\ PELICAN 0 BAY $ PARK St. ! SHORE • RV CLAM PASS r �A SR NS 111 IMO PERMITTED 1 111 t PIPELINE tamp L CORRIDOR i ga---_�_ j PARK SHORE • 1 DOC • r SRT rI 20' CCtvTOUR • III NAPLES Ba SW NAPLES ' - tsr N 000000Iii „r=3•"? illN 000010 .\ +"'�". • WI 11111111 sa 64 �� ~� • Ps• is LEGEND: .- Mip _==== PERMITTED PIPELINE CORRIDOR , t I PROJECT LASTS '/f//// PROPOSED Pu.AREAS l ® PELICAN MY FILL AREA GULF "ti ' - - PROPOSED NEAR$HORE t OPERATIONAL AREAS OF • ® PERMITTED OFFSHORE d4IEX/CO '1 OPERATIONAL AREAS - 110Y AL G RTO FDEP MONUMENTS of % NOTES: GORDOfV PASS 1. COORDINATES ARE IN FEET BASON T �,PLANE COORDINATESYSTEM. EAST ZONE,NORTH AYIEPICANt DATUM OF 1903INAa13} ' ,- L y GRAPHIC SCALE IN FT 2. FILL WIOTMS ARE NOT TO SCALE. Attachment 2—Map Showing Location of Sand Placement Sites Pagc 16 of 30 1 6 A 2 4 Attachment 3—Summary of Final Biological Opinion Summaries' of ESA Section 7 Conditions per NMFS Biological Opinion dated August 13, 2013 Conditions written for BOFM per the August 13,2013 Biological Opinion entitled "Lease of Borrow Area T1 to the Collier County Parks and Recreation Department for the Collier County Beach Renourishment Project(Consultation Number SER-2012-9274)" (bttp://www.boem.gov/Non-Energy-M inerals/Marine-Mineral-Projects.aspx): Incidental Take Sea Turtles Based on historical distribution data, hopper dredge observer reports, nesting data, relocation trawling information, and observations of past strandings, loggerhead, Kemp's ridley, and green sea turtles may occur in the action area and may be taken by the relocation trawling or hopper dredging operations in federal waters for this project. NMFS anticipates that documented (i.e.,by onboard observers) incidental take in federal waters, by hopper dredge entrainment, will consist of 2 sea turtle mortalities (either 2 loggerheads or l loggerhead and 1 Kemp's ridley). NMFS also anticipates the non-injurious incidental take, by relocation trawling, of 100 sea turtles (75 loggerheads, 10 Kemp's ridleys, and 15 green sea turtles) during the 120 days of the hopper dredging in federal waters. Takes by Hopper Dredge Takes by Relocation Trawling Species Observed Take# Species Observed Take# Loggerhead Loggerhead 75 OR hemp's ridley 10 Loggerhead 1 Green 1 15 Kemp's ridley 1 Total 2 * Total 100 *Does not account for 2 unobserved takes that *No lethal take authorized for relocation NMFS assumes will be loggerheads trawling 1. The following terms and conditions implement the Reasonable and Prudent Measures(RPM): I. An endangered species project report summarizing the results of the dredging and the sea turtle take (if any) must be submitted to BOEM within 30 working days of completion. Reports shall contain information on project location, start-up and completion dates, cubic yards of material dredged, problems encountered, incidental takings (include photographs, if available) and sightings of protected species, mitigative actions taken (if relocation trawling, the number and species of turtles relocated), screening type (inflow, overflow) utilized, daily water temperatures, name of dredge, names of endangered species observers, percent of observer `Attachment 3 is a summary provided for your reference;to the extent it differs or conflicts with the Biological Opinion,the terms and conditions of the Biological Opinion govern, Page 17 of 30 1 6 A24 coverage, and any other information the BOEM and/or contractor deems relevant. This report must be provided to NMFS's Protected Resources Division (PRD) at the address provided in RPM 1 of the Biological Opinion and notification of take shall be provided to NMFS at the following c-mail address within 24 hours, referencing the present opinion by NMFS identifier number (SER-2012-9274), title, and date: takereport.nmfsser@noaa.gov. BOEM will provide NMFS's Southeast Regional Office (address provided in RPM 1 of the Biological Opinion) with an end-of-project relocation trawling report within 30 days of completion of any relocation trawling. This report may be included within the project report (sec RPM 1). 2. Collier County shall notify BOEM of the start-up and completion of hopper dredging operations and ask to be notified of any sea turtle strandings in the project area that, in the estimation of the Sea Turtle Stranding and Salvage Network (STSSN) personnel, bear signs of potential draghead impingement or entrainment. Information on any such strandings shall be reported in writing within 30 days of project end to BOEM, or included in the project report (see Term and Condition# 1). 3. Collier County shall arrange for NMFS-approved protected species observers to be aboard the hopper dredge to monitor the hopper bin, screening, and dragheads for sea•turtles and their remains. For the proposed action, 100 percent observer monitoring is required. Beach observers cannot be used in place of shipboard observers for hopper dredging of borrow areas (see RPM 2). 4. Relocation trawling is required to commence 24 hours prior to dredging and will continue throughout the dredging portion of the project(see RPM 3). 5.The following conditions must be observed during relocation trawling(see RPM 3): a. Trawl Time: Trawl tow-time duration shall not exceed 42 minutes (doors in — doors out)and trawl speeds shall not exceed 3.5 knots. b. Handling during Trawling: Sea turtles and smalltooth sawtish2 captured pursuant to relocation trawling shall be handled in a manner designed to ensure their safety and viability, by implementing the measures below. c. Captured Turtle holding Conditions: Captured turtles shall be kept moist, and shaded whenever possible. until they are released. They may be held for up to 24 hours if opportunistic, ancillary, "piggy-back" research (e.g., opportunistic satellite tagging) is proposed. NMFS encourages Collier County to make fuller use of protected species taken during hopper dredging and relocation trawling by allowing and encouraging duly permitted "piggy-back" research projects on protected species taken during these activities(In accordance with the GRBO's T&C 15-d,Conservation Recommendation 5,as summarized below). d. Weight and Size Measurements: All turtles shall be measured (standard carapace measurements including body depth) and tagged (Passive Integrative Transponder [PIT] or Inconel), and weighed prior to release when safely possible; smalltooth sawfish shall be 2 Although smalltooth sawfish trawl captures are not expected,these terms and conditions are included for such an eventuality. Any take of sawfish would require immediate reinitiation of consultation with NMFS. Page 18 of 30 16 A 2 4 measured (fork length and total length)and- when safely possible-tagged,weighed, and a tissue sample taken prior to release. Only NMFS-approved observers or observer candidates in training under the direct supervision of a NMFS-approved observer may conduct the tagging/measuring/weighing/tissue sampling operations. Flipper Tagging: All sea turtles captured by relocation trawling shall be flipper-tagged prior to release with external tags which shall be obtained prior to the project from the University of Florida's Archie Carr Center for Sea Turtle Research. This Biological Opinion serves as the permitting authority for any NMFS-approved endangered species observer a relocation trawler to flipper-tag with external tags (e.g., Inconel tags) captured sea turtles. Columbus crabs or other organisms living on external sea turtle surfaces may also be sampled and removed under this authority. PIT Tagging and Scanning: All sea turtles captured by relocation trawling or dredges shall be thoroughly scanned for the presence of PIT tags prior to release using a scanner powerful enough to read dual frequencies (125 and 134 kHz)and read tags deeply embedded deep in muscle tissue (e.g., manufactured by Biomark or Avid). Turtles which have been previously PIT tagged shall never-the-less be externally flipper tagged. The data collected (PIT-tag scan data and external tagging data) shall be submitted to NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis. 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format within 60 working days to LisaBelskis@noaa.gov. Pl1' tagging may only be conducted by observers with PIT-tagging training or experience. This Biological Opinion provides the authority to NMFS-approved observers to PIT tag captured sea turtles without the need for an ESA Section 10 permit. e. Take and Release Time During 'Trawling- Turtles: Turtles shall be kept no longer than 12 hours prior to release (except as noted in 5.c. above) and shall be released not less than 3 nautical miles(nm) from the dredge site. Recaptured turtles shall be released not less than 5 rim away and shall be released over the side of the vessel, away from the propeller, and only after ensuring that the vessel's propeller is in the neutral, or disengaged, position (i.e., not rotating). If it can be done safely, turtles may be transferred onto another vessel for transport to the release area to enable the relocation trawler to keep sweeping the dredge site without interruption. f. Take and Release Time During Trawling - Smalirooth Sawfish: Smalltooth sawfish shall be released immediately after capture, away from the dredge site or into already dredged areas, unless the trawl vessel is equipped with a suitable well-aerated seawater holding tank(e.g., plastic "kiddie pool" not less than 1ft in depth by 5 ft in diameter), where a maximum of one sawfish may be held for not longer than 30 minutes before it must be released or relocated away from the dredge site. g. Injuries and Incidental Take Quota: Any protected species injured or killed during or as a consequence of relocation trawling shall count toward the incidental take quota. Minor skin abrasions resulting from trawl capture arc considered non-injurious and still count towards the non-injurious incidental take quota. Injured sea turtles shall be immediately transported by Collier County and/or its representative at its xpense to the nearest sea turtle rehabilitation facility; all rehabilitation costs and sea turtle transportation costs shall be borne by Collier County. Page 19 of 30 1 6 A 2 4 h. CMTTP: External flipper tag and PIT-tag data generated and collected by relocation trawlers shall also be submitted to the Cooperative Marine Turtle Tagging Program (CMTTP), on the appropriate CMTTP form, at the University of Florida's Archie Carr Center for Sea Turtle Research. i. Tissue Sampling: All live or dead sea turtles captured by relocation trawling or dredging shall be tissue-sampled prior to release, according to the protocols described in Appendix II or Appendix III of the November 19, 2003, Gulf of Mexico Regional Biological Opinion on Hopper Dredging, as revised through Revision No. 2, included as Appendix I of the Biological Opinion. Tissue samples shall be sent within 60 days of capture to: NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Atm: Lisa Belskis. 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format within 60 working days to Lisa.Belskis(a)noaa.gov. The present opinion to BOEM serves as the permitting authority for any NMFS-approved endangered species observers aboard relocation trawlers or hopper dredges to tissue sample live- or dead-captured sea turtles, without the need for an ESA Section 10 permit. 6. For the proposed action, 100 percent shipboard observer monitoring is required year-round. if conditions disallow 100 percent inflow screening, inflow screening can be reduced gradually, but 100 percent overflow screening is required, and an explanation must be included in the project report. The hopper's inflow screens should have 4-inch by 4-inch screening. If BOEM, in consultation with observers and the draghead operator, determines that the draghead is clogging and reducing production substantially, the screens may be modified sequentially: mesh size may be increased to 6-inch by 6-inch, then 9-inch by 9-inch, then 12-inch by 12-inch openings. NMFS believes that this flexible, graduated-screen option may be necessary since the need to constantly clear the inflow screens will increase the time it takes to complete the project; therefore, it will increase the exposure of sea turtles to the risk of impingement or entrainment Inflow screen clogging should be greatly reduced with these flexible options; however, further clogging (e.g., as when encountering heavy clay or debris) may compel removal of the inflow screening altogether, in which case effective 100 percent overflow screening is mandatory. Collier County shall notify BOEM beforehand if inflow screening is going to be reduced or eliminated, and provide details of how effective overflow screening will be achieved. No action to increase inflow screening should be completed until Collier County has BOEM/NMFS approval. NMFS, in consultation with the dredging company, Collier County, and BOEM, shall determine what constitutes effective overflow screening(RPM 4). 2. Collier County has further agreed to comply with portions of the NMFS' Sea Turtle and Sma/!tooth Sawfish Construction Condition (Appendix 3 of the "Lease of Borrow Area TI to the Collier County Parks and Recreation Department for the Collier County Beach Renourishment Project (Consultation Number SER-2012- 9274)): The permittee (i.e., Collier County and its agents and contractors) shall comply with the following protected species construction conditions: Note that these conditions exclude the Incidental Take Statement provided in the document. Page 20 of 30 16A24 a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels)whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824- 5312)and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. 3. Collier County will comply with the reasonable and prudent measures, and implementing terms and conditions, of NMFS' 2003 Gulf of Mexico regional biological opinion(GRBO)to the United States Army Corps of Engineers (USACE), as amended through Revision 2 dated January 9, 2007 (Appendices 1 and 2 of the "Lease of Borrow Area Ti to the Collier County Parks and Recreation Department for the Collier County Beach Renourishment Project (Consultation Number SER- 2012-9274)"): 1. Hopper Dredging: Hopper dredging activities in Gulf of Mexico waters from the Mexico-Texas border to Kcy West, Florida, up to one mile into rivers shall be completed, whenever possible, between December 1 and March 31, when sea turtle abundance is lowest throughout Gulf coastal waters. Hopper dredging of Key West channels are covered by the existing September 25, 1997, RBO to the [USACEj's South Atlantic Division(SAD). Page 21 of 30 16A24 4 2. Non-hopper Type Dredging: Pipeline or hydraulic dredges, because they are not known to take turtles, must be used whenever possible between April 1 and November 30 in Gulf of Mexico waters up to one mile into rivers. 'This should be considered particularly in channels such as those associated with Galveston Bay and Mississippi River -Gulf Outlet (MR- GO), where lethal takes of endangered Kemp's ridleys have been documented during summer months, and Aransas Pass, where large numbers of loggerheads may be found during summer months. In the MR-GO, incidental takes and sightings of threatened loggerhead sea turtles have historically been highest during April and October. 3. Annual Reports: The annual summary report, discussed below (No. 9), must give a complete explanation of why alternative dredges (dredges other than hopper dredges) were not used for maintenance dredging of channels between April and November. 4. Observers: The County shall arrange for NMFS-approved protected species observers to be aboard the hopper dredges to monitor the hopper bin. screening, and dragheads for sea turtles and Gulf sturgeon and their remains. a. Brazos Santiago Pass east to Key West, Florida: Observer coverage sufficient for 100% monitoring (i.e., two observers) of hopper dredging operations is required aboard the hopper dredges year-round from Brazos Santiago Pass to (not including) Key West, Florida, between April 1 and November 30, and whenever surface water temperatures are 11 degrees C or greater. b. Observer coverage of hopper dredging of sand mining areas shall ensure 50% monitoring(i.e.,one observer). c. Observers are not required at any time in Mississippi River - Southwest Pass (MRSWP). 5. Operational Procedures: During periods in which hopper dredges are operating and NMFS-approved protected species observers are not required (as delineated in No. 4 above), the County must: a. Advise inspectors. operators, and vessel captains about the prohibitions on taking,banning,or harassing sea turtles. b. Instruct the captain of the hopper dredge to avoid any turtles and whales encountered while traveling between the dredge site and offshore disposal area, and to immediately contact the County if sea turtles or whales are seen in the vicinity. c. Notify NMFS if sea turtles are observed in the dredging area, to coordinate further precautions to avoid impacts to turtles. d. Notify NMI'S immediately by phone (727/824-5312), fax (727/824-5309), or electronic mail (takereport.nmfsscr@noaa.gov) if a sea turtle or Gulf sturgeon or any other threatened or endangered species is taken by the dredge. Page 22 of 30 1 6 A 2 4 6. Screening: When sea turtle observers are required on hopper dredges, 100% inflow screening of dredged material is required and 100% overflow screening is recommended. If conditions prevent 100% inflow screening, inflow screening may be reduced gradually, as further detailed in the following paragraph, but 100%overflow screening is then required. a. Screen Size: The hopper's inflow screens should have 4-inch by 4-inch screening. If BOEM, in consultation with USACE, determines that the draghead is clogging and reducing production substantially, the screens may be modified sequentially: mesh size may be increased to 6-inch by 6-inch, then 9-inch by 9-inch, then 12-inch by 12-inch openings. Clogging should be greatly reduced with these flexible options; however, further clogging may compel removal of the screening altogether, in which case effective 100% overflow screening is mandatory. The BOEM shall notify NMFS beforehand if inflow screening is going to be reduced or eliminated, and provide details of how effective overflow screening will be achieved. b. Need for Flexible, Graduated Screens: NMFS believes that this flexible, graduated screen option is necessary, since the need to constantly clear the inflow screens will increase the time it takes to complete the project and therefore increase the exposure of sea turtles to the risk of impingement or entrainment. Additionally, there are increased risks to sea turtles in the water column when the inflow is halted to clear screens, since this results in clogged intake pipes, which may have to be lifted from the bottom to discharge the clay by applying suction. c. Exemption - MR-SWP: Screening is not required at any time in Mississippi River—Southwest Pass(MR-SWP). 7. Dredging Pumps: Standard operating procedure shall be that dredging pumps shall be disengaged by the operator when the dragheads are not firmly on the bottom, to prevent impingement or entrainment of sea turtles within the water column. This precaution is especially important during the cleanup phase of dredging operations when the draghead frequently comes off the bottom and can suck in turtles resting in the shallow depressions between the high spots the draghead is trimming off. 8. Sea Turtle Deflecting Draghead.• A state-of-the-art rigid deflector draghead must be used on all hopper dredges in all Gulf of Mexico channels and sand mining sites at all times of the year except that the rigid deflector draghead is not required in MR-SWP at any time of the year. 9. Dredge Take Reporting: Observer reports of incidental take by hopper dredges must be faxed or e-mailed to NMFS' Southeast Regional Office [fax: (727) 824-5309; e-mail: takereport.nmfsseramoaa.gov] by onboard NMFS-approved protected species observers within 24 hours of any sea turtle, Gulf sturgeon,or other listed species take observed. A preliminary report summarizing the results of the hopper dredging and any documented sea turtle or Gulf sturgeon takes must be submitted to NMFS within 30 working days of completion of any dredging project. Reports shall contain information on project location (specific channel/area dredged), start-up and completion dates, cubic yards of material dredged, Page 23 of 30 1 6 A 2 4 problems encountered, incidental takes and sightings of protected species, mitigative actions taken(if relocation trawling,the number and species of turtles relocated), screening type (inflow, overflow) utilized, daily water temperatures, name of dredge, names of endangered species observers, percent observer coverage,and any other information BOEM deems relevant. An annual report(based on fiscal year) must be submitted to NMFS summarizing hopper dredging projects and documented incidental takes. 10. Sea Turtle and Gulf Sturgeon Strandings: The County or its designated representative shall notify the Sea Turtle Stranding and Salvage Network(STSSN)state representative(contact information available at: http:i/www.sefsc.noaa.gov/seaturtleSTSSN.jsp) of the start-up and completion of hopper dredging, bed-leveler dredging, and relocation trawling operations and ask to be notified of any sea turtle strandings in the project area that, in the estimation of STSSN personnel, bear signs of potential draghead impingement or entrainment, or interaction with a bed-leveling type dredge. Similarly, BOEM shall notify NMFS SERO PRD of any Gulf sturgeon strandings in the project area that, in the estimation of STSSN personnel, bear signs of potential draghead impingement or entrainment, or interaction with a bed-leveling type dredge. Information on any such strandings shall be reported in writing within 30 days of project completion to NMFS' Southeast Regional Office. Because the deaths of these turtles, if hopper dredge or bed-leveler dredge related, have already been accounted for in NMFS' jeopardy analysis,these suandings will not be counted against the [USACE]'s take limit4. 11. Reporting- Strandings: BOEM shall provide NMFS' Southeast Regional Office with an annual report detailing incidents, with photographs when available, of stranded sea turtles and Gulf sturgeon that bear indications of draghead impingement or entrainment or any dredge-type interaction. This reporting requirement may be included in the end-of-year report required in Term and Condition No.9,above. 12. District Annual Relocation Trawling Report: BOEM shall provide NMFS' Southeast Regional Office with end-of-project reports within 30 days of completion of relocation trawling projects, and an annual report summarizing relocation trawling efforts and results within their District. The annual report requirement may be included in the end-of-year report required in Term and Condition No. 9,above. 13. Conditions Requiring Relocation Trawling: Handling of sea turtles and Gulf sturgeon captured during relocation trawling in association with hopper dredging projects in Gulf of Mexico navigation channels and sand mining areas shall be conducted by NMFS approved protected species observers. Relocation trawling shall be undertaken by the County or its contractor at all projects where any of the following conditions arc met; however, other ongoing projects not meeting these conditions are not required to conduct relocation trawling: a. Two or more turtles are taken in a 24-hour period in the project. b. Four or more turtles are taken in the project. c. 75% of any of the incidental take limits, including per species limits, specified in Section 8.1, has previously been met. °Note that the Incidental Take Statement and take limit of the GRHO does not apply. The Incidental Take Statement and limits in the Biological Opinion summarized above apply to the project. Page 24 of 30 16A24 4 14. Relocation Trawling Waiver. For individual projects BOEM may request by letter to NMFS a waiver of part or all of the relocation trawling requirements. NMFS will consider these requests and decide favorably if the evidence is compelling. 15. Relocation Trawling- Annual Take Limits5: Relocation trawling. and handling of those captured threatened or endangered species by NMFS-approved protected species observers, in association with all relocation trawling conducted or contracted by the four Gulf of Mexico IUSACE] Districts to temporarily reduce or assess the abundance of these listed species during, and in the 0-3 days immediately preceding, a hopper dredging or bed-leveling project in order to reduce the possibility of lethal hopper dredge or bed-leveler interactions, subject to the following conditions: a. Trawl Time: Trawl tow-time duration shall not exceed 42 minutes (doors in — doors out) and trawl speeds shall not exceed 3.5 knots. b. Handling During Trawling: Sea turtles and Gul f sturgeon captured pursuant to relocation trawling shall be handled in a manner designed to ensure their safety and viability. and shall be released over the side of the vessel, away from the propeller, and only after ensuring that the vessel's propeller is in the neutral, or disengaged, position (i.e., not rotating). Resuscitation guidelines are found in Appendix IV of the 2007 NMFS BO. c. Captured Turtle and Gulf Sturgeon Holding Conditions: Turtles and Gulf sturgeon may be held briefly for the collection of important scientific measurements, prior to their release. Captured sea turtles shall be kept moist, and shaded whenever possible, until they are released, according to the requirements of Terms and Conditions (T&C) 15-e, below. Captured Gulf sturgeon shall be held in a suitable wen-aerated seawater enclosure until they are released, according to the conditions of T&C 15-f, below. d. Scientific Measurements: When safely possible, all turtles shall be measured (standard carapace measurements including body depth), tagged. weighed, and a tissue sample taken prior to release. When safely possible, all Gulf sturgeon shall be measured (fork length and total length).tagged, weighed. and a tissue sample taken prior to release. Any external tags shall be noted and data recorded into the observers log. Only NMFS- approved protected species observers or observer candidates in training under the direct supervision of a NMFS-approved protected species observer may conduct the tagging/measuring/weighing/tissue sampling operations. NMFS-approved protected species observers may conduct more invasive scientific procedures (e.g., blood letting, laparoscopies, anal and gastric lavages, mounting satellite or radio transmitters, etc.) and partake in or assist in "piggy back" research projects but only if the observer holds a valid federal sea turtle or Gulf sturgeon research permit (and any required state permits) authorizing the activities, either as the permit holder, or as 5 This GRBO included a take statement for relocation trawling which does not apply to activities conducted under this Collier County Leasc. Please see page 17 of this Lease for the takes anticipated for this project.at described in the BOEM- NMFS Biological Opinion specific to this Lease and activities conducted pursuant to this lease. Page 25 of 30 16A24 4 designated agent of the permit holder, and has first notified NMFS' Southeast Regional Office, Protected Resources Division. e. Take and Release Time During Trawling - Turtles: Turtles shall be kept no longer than 12 hours prior to release and shall be released not less than 3 (three) nautical miles (nmi) from the dredge site. If two or more released turtles are later recaptured, subsequent turtle captures shall be released not less than 5 (five) nmi away. If it can be done safely and without injury to the turtle, turtles may be transferred onto another vessel for transport to the release area to enable the relocation trawler to keep sweeping the dredge site without interruption. f. Take and Release Time During Trawling- Gulf Sturgeon. Gulf sturgeon shall be released immediately after capture, away from the dredge site or into already dredged areas, unless the trawl vessel is equipped with a suitable well-aerated seawater holding tank,container, trough, or pool where a maximum of one fish may be held for not longer than 30 minutes before it must be released or relocated away from the dredge site. g. Injuries and Incidental Take Limits: Any protected species injured or killed during or as a consequence of relocation trawling shall count toward the Gulf-wide limit for injurious or lethal takes during relocation trawling (0-2 sea turtles and 0-1 Gulf sturgeon per fiscal year). Minor skin abrasions resulting from trawl capture are considered non-injurious. Injured sea turtles shall be immediately transported to the nearest sea turtle rehabilitation facility. h. Turtle Flipper External Tagging: All sea turtles captured by relocation trawling shall be flipper-tagged prior to release with external tags which shall be obtained prior to the project from the University of Florida's Archie Carr Center for Sea Turtle Research. This opinion serves as the permitting authority for any NMFS-approved protected species observer aboard these relocation trawlers to flipper-tag with external-type tags (e.g., Inconel tags) captured sea turtles. Columbus crabs or other organisms living on external sea turtle surfaces may also be sampled and removed under this authority. i. PIT Tagging: This opinion serves as the permitting authority for any NMFS approved protected species observer aboard a relocation trawler to PIT-tag captured sea turtles and Gulf sturgeon. PIT tagging of sea turtles and Gulf sturgeon is not required to be done, if the NMFS-approved protected species observer does not have prior training or experience in said activity; however, if the observer has received prior training in PIT tagging procedures.then the observer shall PIT tag the animal prior to release(in addition to the standard external tagging): Sea turtle PIT tagging must then be performed in accordance with the protocol detailed at NMFS' Southeast Fisheries Science Center's Web page: http://www.sefsc.noaa.goviseaturtletisheriesobservers.jsp (See Appendix on. SEFSC's "Fisheries Observers" Web page); Gulf sturgeon P1T tagging must then be performed in accordance with the protocol detailed at the NMFS SERO PRD Web site address: Page 26 of 30 A 2 4 , http:l.sero.nmfs.nc►ait.gc►% pr protres.httn. P1'1 tags used must be sterile, individually- wrapped ndividuallywrapped tags to prevent disease transmission. PiT tags should be 125-k Hz, glass- encapsulated tags-the smallest ones made. Note: If scanning reveals a PIT tag and it was not difficult to find. then do not insert another PIT tag; simply record the tag number and location, and frequency. if known. if for some reason the tag is difficult to detect (e.g.. tag is embedded deep in muscle, or is a 400-kHz tag), then insert one in the other shoulder. j. Other Sampling Procedures. All other tagging and external or internal sampling procedures(e.g.. blood letting. laparoscopies.anal and gastric lavages, mounting satellite or radio transmitters. etc.) performed on live sea turtles or live Gulf sturgeon are not permitted under this opinion unless the observer holds a valid sea turtle sturgeon research permit authorizing the activity,either as the permit holder.designated agent of the permit holder. k. PIT-Tag Scanning and Data Submission Requirements: All sea turtles and Gulf sturgeon captured by relocation trawling or dredges shall be thoroughly scanned for the presence of PI I' tags prior to release using a multi-frequency scanner powerful enough to read multiple frequencies (including 125-. 128-. 134-. and 400-kllz tags) and read tags deeply embedded in muscle tissue (e.g.. manufactured by Trovan. Biomark, or Avid). 'turtles whose scans show they have been previously PIT tagged shall nevertheless be externally flipper tagged. Sea turtle data collected (PIT tag scan data and external tagging data) shall be submitted to NOAA. National Marine Fisheries Service. Southeast Fisheries Science Center. Atm: Lisa Nelskis, 75 Virginia Beach Drive. Miami, Florida 33149. All sea turtle data collected shall be submitted in electronic format within 60 days of project completion to J..ista:l3clskis tooita. oc and Shen an.Loocrlvq noa;t,uo‘. Sea turtle external Clipper tag and PIT tag data generated and collected by relocation trawlers shall also be submitted to the Cooperative Marine Turtle lagging Program (CMTTP). on the appropriate CMYI'P form, at the University of Florida's Archie Carr Center for Sea Turtle Research. Gulf sturgeon data (PIT tag scan data and external tagging data) shall be submitted within 60 days of project completion to NOAA. National Marine Fisheries Service, Protected Resources Division. 263 13th Avenue South. St. Petersburg. Florida 31701. or by fax: (727) 824-5309: or by e-mail: Wkovp9rt.nmtss r noaalm. Attn: I)r. Stephania l3olden. I. llandling Fibropapillumatase forties: NM FS-approved protected species observers are not required to handle or sample viral fibropapilloma tumors if they believe there is a health hazard to themselves and choose not to. When handling sea turtles infected with fibropapilloma tumors, observers must either: I) Clean all equipment that comes in contact with the turtle(tagging equipment. tape measures.etc.)with mild bleach solution, between the processing of each turtle or 2) maintain a separate set of sampling equipment for handling animals displaying librupapilloma tumors or lesions. 16. Requirement and Authorrtt to Conduct Tissue Sampling /or Genetic Analyses: This opinion serves as the permitting authority for any NMFS-approved protected species observer Page 27 of 30 1 6A2 4 aboard a relocation trawler or hopper dredge to tissue-sample live- or dead captured sea turtles, and live-or dead-captured Gulf sturgeon, without the need for an ESA section 10 permit. All live or dead sea turtles and Gulf sturgeon captured by relocation trawling and hopper dredging (for both [USACE]-conducted and [USACEJ-permitted activities) shall be tissue- sampled prior to release. Sampling shall continue uninterrupted until such time as NMFS determines and notifies the IUSACE1 in writing that it has sufficient samples from specific areas across the Gulf of Mexico in order to obtain reliable genetic information on the nesting or sub- population identity of sea turtles and Gulf sturgeon being captured or lethally taken. to improve the effectiveness of future consultations. Sea turtle tissue samples shall be taken in accordance with NMFS' Southeast Fisheries Science Center's (SEFSC) procedures for sea turtle genetic analyses. The County or its contractor shall ensure that tissue samples taken during a dredging project arc collected and stored properly and mailed within 60 days of the completion of their dredging project to: NOAA. National Marine Fisheries Service. Southeast Fisheries Science Center. Attn: Lisa E3elskis, 75 Virginia Beach Drive, Miami. Florida 33149. Gulf sturgeon tissue samples (i.e.. tin clips or barbel clips) shall be taken in accordance with NMFS SERO's Protected Resources Division's Gulf Sturgeon Tissue Sampling Protocol found at the NMFS SERO PRD Web site address: hnp:i.sem.ntnfs.noaa.gov.prrprotres.htm. The County or its contractor shall ensure that tissue samples taken during a dredging project are collected and stored properly and mailed to SERO PRD)(Attn: l)r. Stephania Holden) within 60 days of the completion of their dredging project. 17. Ilardground Buffer Zones: All dredging in sand mining areas will be designed to ensure that dredging will not occur within a minimum of 400 feet from any significant hardground areas or bottom structures that serve as attractants to sea turtles for foraging or shelter. NMFS considers (for the purposes of this opinion only) a significant hardground in a project area to be one that,over a horizontal distance of 150 feet,has an average elevation above the sand of 1.5 feet or greater. aW has algae growing on it. The County or its contractor shall ensure that sand mining sites within their Districts arc adequately mapped to enable the dredge to stay at least 400 feet from these areas. If the County or its contractor is uncertain as to what constitutes significance, it shall request that BOEM consult with NMFS SERO's Habitat Conservation Division (727-824-5317) and NMFS' Protected Resources Division (727-824- 5312) for clarification and guidance. Walls of federally-maintained navigation channels, and jetties and other such man-made structures. are not considered hardgrounds for the purpose of this opinion. 18. Training - Personnel on Hopper Dredges. rhe County or its contractor must ensure that all contracted personnel invoked in operating hopper dredges (whether privately-funded or federally-funded projects) receive thorough training on measures of dredge operation that will minimize takes of sea turtles. It shall he the goal of each hopper dredging operation to establish operating procedures that are consistent with those that have been used successfully during hopper dredging in other regions of the coastal United States.and which have proven effective in reducing turtle/dredge interactions. Therefore. [USACE] Engineering Research and Development Center experts or other persons with expertise in this matter shall be involved both Page 28 of 30 16A24 in dredge operation training, and installation. adjustment. and monitoring of the rigid deflector draghead assembly. 19. Dredge Lighting: From May 1 through October 31. sea turtle nesting and emergence season,all lighting aboard hopper dredges and hopper dredge pumpout barges operating within 3 nmi of sea turtle nesting beaches shall be limited to the minimal lighting necessary to comply with U.S. Coast Guard and/or OSI-IA requirements. All nonessential lighting on the dredge and pumpout barge shall be minimized through reduction. shielding, lowering, and appropriate placement of lights to minimize illumination of the water to reduce potential disorientation effects on female sea turtles approaching the nesting beaches and sea turtle hatchlings making their way seaward from their natal beaches. 4. Collier County will comply with NMFS's Southeast Region Vessel Strike Avoidance Measures and Reporting for Mariners(revised February 2008 Appendix 4 of the "Lease of Borrow Ares TI to the Collier County Parks and Recreation Department for the Collier County Beach Renourishment Project(Consultation Number SER- 2012-9274)'T.: Vessel Strike Avoidance: In order to avoid causing injury or death to marine mammals and sea turtles the following measures should be taken when consistent with safe navigation: 1. Vessel operators and crews shall maintain a vigilant watch for marine mammals and sea turtles to avoid striking sighted protected species. 2. When whales arc sighted, maintain a distance of 100 yards or greater between the whale and the vessel. 3. When sea turtles or small cetaceans are sighted. attempt to maintain a distance of 50 yards or greater between the animal and the vessel whenever possible. 4. When small cetaceans are sighted while a vessel is underway(e.g.. bow-riding),attempt to remain parallel to the animal's course. Avoid excessive speed or abrupt changes in direction until the cetacean has left the arca. 5. Reduce vessel speed to 10 knots or less when mother/calf pairs. groups,or large assemblages of cetaceans are observed near an underway vessel, when safety permits. A single cetacean at the surface may indicate the presence of submerged animals in the vicinity:therefore,prudent precautionary measures should always be exercised. The vessel shall attempt to route around the animals, maintaining a minimum distance of 100 yards whenever possible. 6. Whales may surface in unpredictable locations or approach slowly moving vessels. When an animal is sighted in the vessel's path or in close proximity to a moving vessel and when safety permits,reduce speed and shift the engine to neutral. Do not engage the engines until the animals are clear of the area. Additional Requirements for the North Atlantic Right Whale: Page 29 of 30 1 6 A 2 4 1. If a sighted whale is believed to he a North Atlantic right whale, federal regulation requires a minimum distance of 500 yards be maintained from the animal (50 CFR 224.103 (c)). 2. Vessels entering North Atlantic right whale critical habitat are required to report into the Mandatory Ship Reporting System. 3. Mariners shall check with various communication media for general information regarding avoiding ship strikes and specific information regarding North Atlantic right whale sighting locations. These include NOAA weather radio. U.S.Coast Guard NAVTEX broadcasts, and Notices to Mariners. Commercial mariners calling on United States ports should view the most recent version of the NOA Alt 1SCG produced training CI)entitled"A Prudent Mariner's Guide to Right Whale Protection"(contact the NMES Southeast Region. Protected Resources Division for more information regarding the CD). 4. Injured,dead,or entangled right whales should he immediately reported to the U.S.Coast Guard via VHF Channel 16. Injured or Dead Protected Species Reporting: Vessel crews shall report sightings of any injured or dead protected species immediately. regardless of whether the injury or death is caused by your vessel. Report marine mammals to the Southeast U.S. Stranding Hotline: 877-433-8299. Report sea turtles to the NMPS Southeast Regional Office: 727-824-5312. If the injury or death of a marine mammal was caused by a collision with your vessel,responsible parties shall remain available to assist the respective salvage and stranding network as needed. NMFS' Southeast Regional Office shall he immediately notified of the strike b) email (taker pent nmtsser a noaa.gov) using the attached vessel strike reporting form. Page 30 of 30 16A24 Patricia L. Morgan From: Patricia L. Morgan Sent: Thursday, May 14, 2015 3:30 PM To: Greene, Colleen; Hambright, Gail; Neet, Virginia Cc: McAlpin, Gary; Minutes and Records Subject: RE: BOEM Negotiated Agreement No. OCS-G 35160 Hi Colleen, Thank you for checking into this. We will add your email to the backup to clarify why the signature pages are not the same as in the agenda. Thank you, Trish Trish Morgan, BMR Director Clerk of the Circuit Court&VAB Minutes and Records Department (239)252-8399 Phone (239)252-8408 Fax patricia.morgan@collierclerk.com From: Greene, Colleen Sent: Thursday, May 14, 2015 3:26 PM To: Patricia L. Morgan; Hambright, Gail; Neet, Virginia Cc: McAlpin, Gary; Minutes and Records Subject: RE: BOEM Negotiated Agreement No. OCS-G 35160 Hi Trish, I just spoke to Attorney Melissa Hearne (202/208-7918) at the Solicitor's General Office for the Department of Interior. The DOI considers this Agreement to be complete and fully executed. The Agreement provides on page 12 of 30 that the document may be signed in counterparts. Renee Orr signed on 2/9/2015 in Washington DC. The page that Orr signed has Tom Henning as Chair. Tim Nance signed on 4/14/15. The page that Nance signed was corrected by my office to remove Henning's name and add Nance. No problem for the DOI. The effective date of the Agreement is the last date signed by Nance on 4/14/15. Please let me know if you need any additional information. Thank you. Colleen M. Greene Assistant County Attorney (239) 252-8490 Fax(239) 252-6300 From: Patricia L. Morgan [mailto:patricia.morgan(alcollierclerk.com] Sent: Monday, May 11, 2015 4:47 PM To: HambrightGail; GreeneColleen Cc: McAlpinGary; Minutes and Records Subject: RE: BOEM Negotiated Agreement No. OCS-G 35160 Good Afternoon, 16 A 24 The four complete agreements that were sent out by our office for the April 14, 2015 BCC meeting, Item#16A24 DID NOT have Thomas Henning as the Chairman;they had Tim Nance as the Chairman. These documents were sent to the US Department of the Interior as noted on the transmittal information (& FedEx slip).All four signature pages had the US Dept. of the Interior signature line for L. Renee Orr to sign and the current BCC Chairman Tim Nance had signed all four agreements. Ann Jennejohn from our office attested his signature and Colleen Greene had also signed them (&also stamped CAO). The page that you have included in what you just emailed to us has L. Renee Orr signing on a page that had Thomas Henning as Chairman and dated it 2/19/2015.That wasn't in the agreements that our office sent to them so we are confused as to why that signature would have been on a page with Commissioner Henning's name on it. L. Renee Orr also dated it 2/19/2015, but it hadn't even gone to the BCC as of that date, so the Board hadn't authorized the execution of that lease agreement yet. It also doesn't have the Clerk's attestation or the County Attorney's signature and/or stamp. [Also,on the letter from Mr. Samuels it states that the agreements wouldn't be executed until received (executed by the County) and two copies would be returned back to the County]. We will need a fully executed agreement in our office for the Board's records for Item#16A24 from the 4/14/2015 Board of County Commission meeting.The signatures that should be on the ONE signature page (page 13 of 30 pages) should be the following: L. Renee Orr,Tim Nance, Colleen Greene, and Ann Jennejohn, like what was in the agenda and approved by the Board. Thank you, Trish Morgan, BMR Director Clerk of the Circuit Court&VAB Minutes and Records Department From: Hambright, Gail Sent: Monday, May 11, 2015 3:22 PM To: Minutes and Records; Greene, Colleen Cc: McAlpin, Gary Subject: This is for recording. Colleen; However, I noticed that there were 2 signature pages attached. One had Thomas Henning as chair and that is the one the Bureau signed. The other signature page is the one that was signed by Tim Nance and stamped by the county attorney and the Clerk's office. Is this going to be an issue and if so do we need to send it back and have the appropriate page signed? The agreement that went to the BCC had 4 signature pages with Tim Nance signature (I had to change it from Henning to Nance). They created an additional page and signed it? Please advise. Thanks, Gail Under Florida Law,e-mai,addresses are public records.If you do not want your e maid address released in response to a public records request do not send electronc mad to this entityinstead,contact this office by telephone or in writing. 2 1 6 A 2 4 LEASE BETWEEN THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND COLLIER COUNTY, FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR SHORE PROTECTION AND RESTORATION IN COLLIER COUNTY,FLORIDA BOEM Negotiated Agreement No. OCS-G 35160 Title I. Explanatory Recitals A. This lease ("Lease") is made under the authority of Section 8(k)(2)(A)(i) of the Outer Continental Shelf Lands Act(OCSLA) of August 7, 1953 (43 U.S.C. § 1331 et seq.), P.L. 95- 372, as amended by P.L. 103-426, between the United States Department of the Interior (DOI), acting through the Bureau of Ocean Energy Management (BOEM), and Collier County, Florida (the "County", collectively with BOEM and DOI, the "Parties") for the renourishment of beach along 7.5 miles of coastline between Wiggins Pass and Gordon Pass, including Vanderbilt Beach, Pelican Bay, Park Shore, and Naples Beach. B. The County is undertaking a project in furtherance of the abovementioned goal to renourish Vanderbilt Beach, Pelican Bay, Park Shore, and Naples Beach (the "Project"). C. Prior to the notice-to-proceed with construction, the County will procure lands, easements, and rights-of-way (collectively, "Land Rights") as necessary from upland landowners, other property rights holders, and other persons and entities of appropriate scope and duration to facilitate the Project. Title II. Purpose and Authority A. The DOI, acting through BOEM, enters into this Lease with the County providing for the use of up to 500,000 cubic yards of Outer Continental Shelf sand resources (OCS sand resources) for the—Project under the authority of Section 8(k)(2) of the OCSLA (43 U.S.C. § 1337(k)(2)). The term "OCS sand resources" means the sand, gravel, and shell resources found on or below the surface of the seabed on the Outer Continental Shelf(OCS), as defined in Section 2(a) of the OCSLA (43 U.S.C. § 1331(a)). This Lease authorizes the County to use OCS sand resources from Borrow Area T-1, as designated and shown in Table 1 and on the attached map (Attachment 1), in accordance with the terms of this Lease. After removal of the OCS sand resources from the OCS and placement of those resources as specified in this Lease, BOEM has no jurisdiction over those sand resources unless they return to the OCS. 1 Page 1 of 30 16 A 2 4 Table 1. Borrow Area T-1 Coordinates Based on the Florida State Plane Coordinate System, East Zone, North American Datum of 1983 (NAD83). Northing Easting 753660.6 201670.4 752746.4 201243.5 751965.9 201725.7 751874.8 201928.4 751636.3 201919.2 750216.9 202806.3 750122.3 203042.4 750110.4 204864.4 750105.5 205611.1 750100.2 206418.5 750095.7 207103.5 750088.8 208155.6 750399.7 207778.1 751205.8 206799.1 751473.2 206474.4 751649.2 206260.5 752336.0 206057.7 753426.6 205735.6 753612.0 205517.8 753617.2 205103.1 753627.3 204300.9 753658.5 201834.4 B. BOEM, under authority delegated by the Secretary of the Interior, is authorized, pursuant to Section 8(k)(2) of the OCSLA (43 U.S.C. § 1337(k)(2)) to enter into this Lease concerning the potential use of OCS sand resources. BOEM has determined that the Project meets the requirements of Section 8(k)(2)(A)(i) of the OCSLA. Therefore, in accordance with Section 8(k)(2), and subject to the terms and conditions as contained herein, BOEM hereby authorizes the use of OCS sand resources from Borrow Area T-1 identified in Table 1 for the construction of the Project. The Parties acknowledge that under the terms of Section 8(k)(2)(B), BOEM will not assess any fee against the County for the use of the OCS sand resources described herein. In consideration of the provision of OCS sand resources for the Project, the County will provide to BOEM survey results and other data as provided herein, which will, among other things, give BOEM valuable information on the Borrow Area. Nothing in this Lease is intended to abrogate or diminish the Secretary of the Interior's authority under the OCSLA to oversee and regulate the removal of OCS sand resources. Page 2 of 30 16 A 2 4 C. Nothing in this Lease is intended to impede or hinder the County's ability to complete the Project or abrogate or diminish either Party's authority or responsibilities under applicable law, including but not limited to the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Magnuson-Stevens Fishery Conservation and Management Act (MSA), Marine Mammal Protection Act (MMPA), National Historic Preservation Act (NHPA), or the Coastal Zone Management Act(CZMA). Title III. Project Description This Project is intended to renourish the beach, reduce coastal storm flooding and erosion, and provide recreational and environmental habitat benefits along eroded areas of the Collier County shoreline. The County may extract up to 500,000 cubic yards of OCS sand resources to renourish the beach. The OCS sand resources will be extracted from Borrow Area T-1 (Attachment 1) and placed between Wiggins Pass and Gordon Pass, including Vanderbilt Beach, Pelican Bay, Park Shore, and Naples Beach(see Attachment 2). Title IV. Provisions A. BOEM authorizes the use of OCS sand resources from Borrow Area T-1. The County or its contractor(s) may extract, transport, and place such OCS sand resources from Borrow Area T-1 only in accordance with the terms and conditions set forth below and in accordance with the Florida Department of Environmental Protection's Joint Coastal Permit (JCP) No. 0222355-012-JN, the U.S. Army Corps of Engineers (USACE) Permit No. SAJ-2003-12405 (IP-MN), USACE Permit Modification SAJ-2003-12405 (MOD-KDS), and any other applicable permits. B. This Lease applies only to the extraction, transportation, and placement of OCS sand resources as described above. The Lease will terminate or expire upon the following occurring: (1) the County sending written notice to the Chief, Marine Minerals Branch, Leasing Division, BOEM, 381 Elden Street, HM 3120, Herndon, Virginia 20170, that the County has received 500,000 cubic yards of OCS sand resources, or, (2) three years from the date of execution of this Lease, whichever occurs first. Upon request by the County, the parties may agree to extend the terms of the Lease as necessary to provide the County and its contractors(s) with additional time to complete the Project. The parties acknowledge that there may be a need for future OCS sand resources for periodic maintenance, augmentation, or construction purposes. BOEM and the County may enter into subsequent agreements, for the use of OCS sand resources for the Project, consistent with each Party's responsibilities under applicable law. C. BOEM and the County recognize that planning and coordination among the Parties will ensure that responsibilities under OCSLA, and other applicable Federal laws, are carried out and accommodated in an efficient and timely manner so that the project schedule will not be unnecessarily delayed or compromised. Both parties recognize that BOEM, as a Bureau in DOI, has certain responsibilities for the orderly, timely, and efficient recovery of OCS minerals using the best available and safest technology while ensuring environmental stewardship and compliance. With respect to the Project, BOEM and the County agree to the following terms: Page 3 of 30 16 A 2 4 1. Plans and Performance Requirements The County will ensure that all operations at Borrow Area T-1 are conducted in accordance with the final approved "Construction Solicitation and Specifications Plan" (the "Plan") and all terms and conditions in this Lease, as well as all applicable statutes, regulations, orders, and any guidelines or directives specified or referenced herein. The County will send BOEM a copy of the Plan and any modifications when available. The County will allow BOEM to review and comment on modifications to the Plan that may affect the project area, including the use of submerged or floated pipelines to directly convey OCS sand resources from the borrow area to the placement site. Said comments will be delivered in a timely fashion in order to not unduly delay the County's construction contract or schedule. The County will ensure that all operations at Borrow Area T-1 are conducted in accordance with the final approved Plan and all terms and conditions in this Lease, as well as all applicable statutes, regulations, orders, and any guidelines or directives specified or referenced herein are met. The dredging and/or conveyance methods from Borrow Area T-1 will be consistent with the project proposal analyzed in the supporting NEPA documents, and the method identified in other authorizing documents and all associated state and Federal permits. If dredging and/or conveyance methods are not wholly consistent with those evaluated in the relevant NEPA documents and environmental and cultural resource consultations, and those authorized by the USACE and state permits, additional environmental review may be necessary. If additional NEPA analysis, consultations, coordination, and/or Federal or state permits require modification of the Lease, an amendment may be required. Prior to the commencement of construction, the County will provide a summary of the construction schedule, consistent with Paragraph 14. The County, at the reasonable request of BOEM or the Bureau of Safety and Environmental Enforcement (BSEE), will allow access, at the site of any operation subject to environmental and safety regulations, to any authorized Federal inspector and must provide BOEM or BSEE with any documents and records that are pertinent to occupational or public health, safety, or environmental protection, conservation of natural resources, or other use of the OCS, as may be requested. 2. Endangered Species Act (ESA) Compliance with the NMFS Biological Opinion and Incidental Take Statement/Recommendations BOEM is the lead agency on behalf of the Federal Government to ensure the Project complies with all terms, conditions, and recommendations of the NMFS Biological Opinion (dated August 13, 2013, available online at http://www.boem.gov/Collier-County-BO/). For all activities undertaken pursuant to the Project, the County agrees to implement all terms, conditions, and recommendations in the NMFS Biological Opinion, which are summarized as provided in Attachment 3 of this Lease; to the extent the summaries or this Lease differ from or conflict with the Biological Opinion, the Biological Opinion governs. Further, for all activities undertaken pursuant to the Project, the County agrees to implement all terms, conditions, and recommendations in NMFS 2003 Gulf of Mexico Regional Biological Opinion (GRBO) issued to the U.S. Army Corps of Engineers and incorporated in the 2013 Biological Opinion. The Page 4 of 30 1 6 A 2 4 GRBO is also described in Attachment 3. The County agrees that it will consult with BOEM prior to commencing operation if it has any questions about the application of the GRBO. The County will instruct its contractor(s) to implement those mitigation terms, conditions, and measures required or recommended by NMFS in the Biological Opinion. In the event that the contractor is not able to provide the required inspection of the turtle deflector equipment, the County will notify BOEM prior to conducting the activity and the County will be required to retain a NMFS-approved third-party contractor to perform the inspection. In addition to any reporting requirements or recommendations in the Biological Opinion, copies of all relevant correspondence, monitoring, and reporting must be provided to BOEM within 14 days of issuance at dredgeinfo a�boem.gov. The County agrees to respond to all reasonable requests from and cooperate with BOEM and NMFS in meeting their obligations under the ESA. In the event of any collision with or injury of a threatened or endangered species, including but not limited to sea turtles, the County and/or its contractor(s) must stop all dredging operations and immediately contact the NMFS Protected Resources Division (727-824-5312 or takereport.nmfsser@noaa.gov), the local authorized sea turtle stranding/rescue organization (http://www.sefsc.noaa.gov/species/turtles/strandings.htm), and BOEM (dredgeinfo@boem.gov and 703-787-1215). The County acknowledges and agrees that, even where it is otherwise in compliance with the terms and conditions of this Lease and other required authorizations, incidental take of sea turtles or other endangered species by the County or its authorized contractors, within Federal waters, may require suspension of the Lease by BOEM and reinitiation of consultation with NMFS. The amount and severity of incidental take that will trigger suspension, and the need for any such suspension or reinitiated consultation, will be determined at the sole discretion of BOEM. Depending on the results of an assessment of the take or reinitiated consultation, BOEM in its sole discretion may reinstate the Lease, revoke and terminate the Lease, negotiate with the County an amendment to the existing Lease, or enter into a new Lease with additional terms and conditions to protect threatened and endangered species. The County understands and agrees on behalf of itself, its agents, contractors, and other representatives, that no claim, legal action in equity for damages, adjustment, or other entitlement against BOEM will arise as a result of any suspension or related action. 3. Environmental Compliance BOEM must ensure that the project complies with applicable environmental laws, including but not limited to ESA, MSA, NHPA, and CZMA. The County agrees to include in its Plan and implement all proposed avoidance and minimization measures identified and analyzed in the associated NEPA documents for this project (see Environmental Assessment for the Issuance of a Non-Competitive Lease for Use of Outer Continental Shelf Sands for the Collier County Beach Renourishment Project, Collier County, Florida (July 2013), pp. 63; available at http://www.boem.gov/Collier-County-EA-Attachments/). To minimize the severity of benthic impacts, the County will require dredge contractors to leave undisturbed space between the dredge cuts to allow the relatively intact benthic communities between the furrows to be a source of colonists to adjacent disturbed areas. Page 5 of 30 1 6 A 24 The County is responsible for compliance with all Federal and state permits related to the Project, including but not limited to implementation of sediment compatibility and compaction monitoring, sea turtle conditions, marine mammal special conditions, and seasonal construction windows. Construction will not commence until the pre-construction requirements have been completed. Additionally, the County will require its contractor(s) to implement the mitigation terms, conditions, and measures required by NMFS, U.S. Fish and Wildlife Service, Florida Department of Environmental Protection, the USACE, and BOEM, as appropriate, pursuant to applicable Federal and state laws and regulations. In addition to the requirements identified in this Lease, required mitigation terms, conditions, and measures are reflected in the Biological Opinion (summarized in Attachment 3) and Conservation Recommendations. Copies of all relevant correspondence, monitoring, and reporting must be provided to BOEM within fourteen (14) days of issuance at dredgeinfo@boem.gov (including but not limited to observer and dredge reports). 4. Pre- and Post-Construction Notification of Activity in or near the Borrow Area The County will invite BOEM to attend a pre-construction meeting that describes the County's and/or its agents' plan and schedule to construct the Project. The County, after receiving notification from its contractor(s), will notify BOEM at dredgeinfo@boem.gov within 72 hours prior to the commencement, and no later than 24 hours after termination, of operations at Borrow Area T-1. BOEM will notify the County in a timely manner of any OCS activity within the jurisdiction of the DOI that may adversely affect the County's ability to use OCS sand for the Project. 5. Dredge Positioning During all phases of the Project, the County will ensure that the dredge and any bottom- disturbing equipment is outfitted with an onboard global positioning system (GPS) capable of maintaining and recording location within an accuracy range of no more than plus or minus 3 meters. The GPS must be installed as close to the cutterhead or draghead as practicable. During dredging operations, the County and/or its agents will immediately notify BOEM at dredgeinfo@boem.gov if dredging occurs outside of the approved borrow area. Anchoring, spudding, or other bottom-disturbing activities are not authorized outside of the approved borrow area on the OCS, except when there are immediate concerns regarding safety, navigation risks, or emergency situations. The County and/or its agents will provide BOEM all appropriate Dredging Quality Management (DQM) or other equivalent data acquired during the project using procedures jointly developed by BOEM and the USACE's National DQM Program Support Center. The County will submit the DQM or other equivalent data, including draghead, cutterhead, or other hydraulic or mechanical dredging device biweekly to dredgeinfo(dboem.gov. A summary dataset will be submitted within 90 days of completion of the Project. If available, the County will also submit Automatic Identification System (AIS) data for vessels qualifying under the International Maritime Organization's (IMO) International Convention for the Safety of Life at Sea. 6. Submittal of Production and Volume Information Page 6 of 30 16A24 4 The County and/or its agents, in cooperation with the dredge operator, will submit to BOEM on a biweekly basis a summary of the dredge track lines, outlining any deviations from the original Plan. A color-coded map of the draghead, cutterhead or other hydraulic or mechanical dredging device will be submitted, showing any horizontal or vertical dredge violations. The dredge track lines will show dredge status, including: hotelling, dredging, transiting, and pump-out. This map will be provided in PDF format. The County and/or its agents will provide at least a biweekly update of the construction progress including estimated volumetric production rates to BOEM. The biweekly deliverables will be provided electronically to dredgeinfo@boem.gov. The project completion report, as described below in Paragraph 11, will also include production and volume information, including Daily Operational Reports. 7. Local Notice to Mariners The County and/or its agents must require its contractor(s) for the Project to place a notice in the U.S. Coast Guard Local Notice to Mariners regarding the timeframe and location of dredging and construction operations in advance of commencement of dredging. 8. Marine Pollution Control and Contingency Plan The County and/or its agents must require its contractor(s) and subcontractor(s) to prepare for and take all necessary precautions to prevent discharges of oil and releases of waste and hazardous materials that may impair water quality. In the event of a discharge, release, or incident, notification and response must be in accordance with applicable requirements of 40 CFR part 300. All dredging and support operations must be compliant with U.S. Coast Guard regulations and the U.S. Environmental Protection Agency's Vessel General Permit, as applicable. The County and/or its agents must notify BOEM of any noncompliant discharges, releases, or incidents and subsequent remedial actions taken, and provide copies of all reports of the incident and resultant actions electronically. 9. Bathymetric Surveys The County and/or its agents will provide BOEM with pre- and post-dredging bathymetric surveys of Borrow Area T-1. The pre-dredging survey will be conducted within 60 days prior to dredging. The post-dredging survey will be conducted within 60 days after the completion of dredging. If, within the next 1 to 3 years, the County conducts any bathymetric surveys of Borrow Area T-1, copies of the survey(s) will be provided to BOEM. Hydrographic surveys will be performed in accordance with the USACE Hydrographic Surveying Manual EM 1110-2- 1003, providing 100 percent seamless coverage using interferometric swath or multibeam bathymetry. All bathymetric data will be roll, pitch, heave, and tide corrected using accepted practices. Three equidistant cross-tie lines will be established parallel to the same baseline. All survey lines will extend at least 50 meters beyond the edge of the dredge areas. All data will be collected in such a manner that post-dredging bathymetry survey data is compatible with the pre- dredging bathymetric survey data to enable the latter to be subtracted from the former to calculate the volume of OCS sand resources removed, the shape of the excavation, and nature of post-dredging bathymetric change. Page 7 of 30 1 6 A 2 4 , Copies of pre- and post-dredging hydrographic data will be submitted to BOEM via dredgeinfo@boem.gov within thirty (30) days after each survey is completed. The delivery format for data submission is an ASCII file containing x, y, and z data. The horizontal data will be provided in the North American Datum of 1983 (NAD '83) Florida State Plane, U.S. survey feet. Vertical data will be provided in the North American Vertical Datum of 1988 (NAVD '88), U.S. survey feet unless otherwise specified. An 8.5-x-11-inch plan view plot of the survey track points, as well as contour lines, will be provided at appropriate elevation intervals. These plots will be provided in PDF format. Survey metadata will also be provided. 10. Archaeological Resources Onshore Prehistoric or Historic Resources If the County discovers any previously unknown historic or archaeological resources while accomplishing the project nearshore of or in the vicinity of Vanderbilt Beach, Pelican Bay, Park Shore, or Naples Beach, Collier County will notify BOEM of any finding. The County will initiate the Federal and state coordination required to determine if the resources warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places, and appropriate action for the resolution of adverse effects. Offshore Prehistoric or Historic Resources In the event that the dredge operators discover any archaeological resources while conducting dredging operations in the borrow area or in the vicinity of pump-out operations, the County will require that dredge and/or pump-out operations be halted immediately within 305 meters (1,000 feet) of the area of discovery. The County will immediately report the discovery to Chief, Division of Environmental Assessment, BOEM, at (703) 787-1660. If investigations determine that the resource is significant, the Parties will together determine the necessary further action required and how best to protect the resources. 11. Project Completion Report Consistent with Paragraph 14, a project completion report will be submitted by the County to BOEM within 90 days following completion of the activities authorized under this Lease. This report and supporting materials must be sent in writing and electronically to: Chief, Marine Minerals Branch, BOEM, 381 Elden Street, HM 3120, Herndon, Virginia 20170 and dredgeinfo(cyboem.gov. The report must contain, at a minimum,the following information: • the names and titles of the project managers overseeing the effort(for the County,the engineering firm (if applicable), and the contractor), including contact information (phone numbers, mailing addresses, and email addresses); • the location and description of the project, including as-built features, boundaries and acreage, the constructed beach width and length, the final total volume of material extracted from the borrow area and the volume of material actually placed on the beach or shoreline (including a description of the volume calculation method used to determine these volumes); Page 8 of 30 16A24 • DQM or equivalent data, in ASCII files containing the x, y, z and time stamp of the cutterhead or drag arm locations; • a listing of construction and construction oversight information, including the prime and subcontractor(s), contract costs, other relevant construction information; • a list of all major equipment used to construct the project; • a narrative discussing the construction sequences and activities, and, if applicable, any problems encountered and solutions; • a list and description of any construction change orders issued, if applicable; • a list and description of any safety-related issues or accidents reported during the life of the project; • a table, an example of which is illustrated below, showing the various key project cost elements; Cost Incurred as of Item Construction Completion ($) Construction Engineering and Design Inspections/Contract Administration Total • a table, an example of which is illustrated below, showing the various items of work construction and final quantities; Item Item Estimated Final No. Quantity Quantity 1 Mobilization and Demobilization 2 Beach Fill 3 Any beach or offshore hard structure placed or removed • a narrative and any appropriate tables describing any environmental surveys or efforts associated with the project and costs associated with these surveys or efforts; • a table listing significant construction dates beginning with bid opening and ending with final acceptance of the project by the County; • digital data containing the as-built drawings, beach-fill cross-sections, and survey data; • any additional pertinent comments. Page 9 of 30 16 x 2 4 12. Reporting Compliance The County and/or their agents will designate, in advance of construction, a single point-of- contact responsible for facilitation of compliance with all Lease requirements. BOEM also requests the County designate a back-up contact, should the original contact be unavailable. The contact information will be provided to BOEM at dredgeinfo@boem.gov at least 30 days in advance of dredging and construction operations. The Parties will attempt to reasonably comply with the provisions of this Lease. Should there be an allegation of a failure to comply, the noncompliance will be corrected as soon as possible and/or resolved jointly among BOEM and the County, including through the dispute resolution process identified in Paragraph 15, as necessary. 13. Responsibilities As between BOEM and the County, the County assumes all responsibility for the Project, activities authorized under this Lease, and the determination of the suitability of OCS sand resources for these purposes. BOEM does not warrant that the OCS sand resources used in this Project are suitable for the purpose for which they are intended by the County, and BOEM disclaims any and all responsibility for the physical and financial activities undertaken by the County or any other parties in pursuit of the Project. 14. Sharing of Information Consistent with the purpose stipulated by the Parties in this Lease, and to the extent allowed by law, policy, and regulation, the County and BOEM agree to (1) share all information needed for or generated from the Project, including the sharing of implementation and other applicable schedules; (2) provide such information to the requesting agency as expeditiously as possible; and (3)work to ensure that all required completion report information is received. 15. Resolution of Disputes The Parties agree to make every attempt to settle any disputes regarding this Lease at the lowest operational level possible. In the case of(1) a substantial disagreement between BOEM and the County with respect to any aspect of BOEM's authorization of the use of OCS sand resources in accordance with the terms and conditions as specified or (2) any alleged breach by a Party of the terms and conditions as specified herein, the undersigned will designate a senior management official in their respective organization to state the area(s) of disagreement or alleged breach in writing and present such statement to the other Party for consideration. If resolution is not reached within 60 days, the undersigned will request the active participation of the County Manager, Collier County and the Deputy Director, BOEM. Page 10 of 30 16A24 16. Notices Except as otherwise provided herein, all notices relating to this Lease or activities authorized hereunder by or among the Parties must be provided to the following addresses: To Collier County: Leo E. Ochs, Jr. County Manager Collier County Government 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 Gary McAlpin Coastal Projects Manager Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 To BOEM: Jeffrey Reidenauer Chief, Marine Minerals Branch Bureau of Ocean Energy Management 381 Elden Street HM 3120 Herndon, Virginia 20170 All electronic notifications, submissions and deliverables to BOEM should be sent to: dredgeinfo@boem.gov. 17. Miscellaneous This Lease does not affect any preexisting or independent relationships or obligations among the Parties, including any other relationships or obligations between BOEM and the County, or any other units of such Departments or agencies. All rights in the borrow area not expressly granted to the County by this Lease are hereby reserved to BOEM. BOEM reserves the right to authorize other uses in the borrow area that will not unreasonably interfere with activities authorized under this Lease. BOEM will allow the County to review and comment on any proposed authorizations for the use of OCS sand resources in the borrow area while this Lease is in effect. Nothing herein is intended to conflict with current BOEM, other Federal, state, or County statutes, regulations or ordinances. If the terms of this Lease are inconsistent with existing statutes, regulations or ordinances of either of the Parties entering into this Lease, then those portions of this Lease that are determined to be inconsistent will be invalid, but the remaining terms and conditions not affected by the inconsistency will remain in full force and effect. At the Page 11 of 30 16A24 first opportunity for review of the Lease, all necessary changes will be accomplished either by an amendment to this Lease or by entering into a new Lease, whichever is deemed expedient to the interests of the Parties. This agreement may be executed in two (2) or more counterparts, each of which will be deemed an original. The signatures to this agreement may be executed on separate pages, and when attached to this agreement,will constitute one complete document. The remainder of this page intentionally left blank. Page 12 of 30 16A24 LEASE BETWEEN THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND COLLIER COUNTY, FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR BEACH RENOURISHMENT IN COLLIER COUNTY,FLORIDA BOEM Negotiated Agreement No. OCS-G 35160 . Re ee Orr Thomas Henning Chief, Office of Strategic Resources Chairman Bureau of Ocean Energy Management Collier County Board of Commissioners Department of the Interior Collier County, Florida Date: Date: Page 13 of 30 1 6 A 2 4 LEASE BETWEEN THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND COLLIER COUNTY,FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR BEACH RENOURISHMENT IN COLLIER COUNTY, FLORIDA BOEM Negotiated Agreement No. OCS-G 35160 / e,,a4tc.e__ L. Renee Orr Tim Nance Chief, Office of Strategic Resources Chairman Bureau of Ocean Energy Management Collier County Board of Commissioners Department of the Interior Collier County. Florida Date: Date: 41 \\4\\C Ai EST: DWIGHT E. BROCK, Clerk Otat_ : • Al ../),„L . i Attest as to airman's signature only. 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SOG MfON,! ]]I]t rix�en�]n«ne 4 T aww pppp x eAni°WRNY OONTOI S u 0012 «.24' e.G. .«nr vwAa..YMwdgM C.OA.rA43201 16A24 g BAREFOOT BEACH 1 wt lil ' WIGGINS PASS TALLAHASSEE JACKSONVILLE w ��y!�,, DELNOR-WIGGINs ., i'w `)• 1:-` PROJECT ORLANDO STATE PARK n T S. LOCATION TAMPA ATLANT/C r OCEAN HENDRY CO, Q BOLA LEE • RATON VANDERBILT CO ' MIAMI VANDERBILT _ BEACH cOe q GULF N 700000o s 1P 0- sOF s �� MEXICO � a• - j,R GULF MONROE CO. s'/s 0..s t MEXICO s!f' . PELICAN PELICAN s°`s BAY BAY \\ \L.... PARK • Roo SHORE CLAM PASS1 ,;> SR 896 PERMITTED N 680000 PIPELINE ° 4. 4 1 N 0000 CORRIDOR r ` / ' -..t III / PARK SHORE ()OCT• -S PASS I SR 886 L 20' CONTOUR lig, 1 NAPLES11/ SR 856 J NAPLES .I -�� N 860000 Old N 880000 • ' 111111 i4 ••' IN. • s4 LEGEND: =__=o PERMITTED PIPEUNE CORRIDOR l I I PROJECT LIMITS %//////. PROPOSED FILL AREAS K `sl PELICAN BAY FILL AREA GULF 1 ® PROPOSED NEARSHORE I� OPERATIONAL AREAS OF 11' ® PERMITTED OFFSHORE /L/EX/CO 14 \, OPERATIONAL AREAS �+ T ROYAL R70 FDEP MONUMENTS Rsa • GORDON PASS 0 , NOTES: 1. COORDINATES ARE IN FEET n BASED ON FLORIDA STATE 0 4000 8000 PLANE COORDINATE SYSTEM, EAST ZONE,NORTH AMERICAN �� g DATUM OF 1983(NAD83). w `, �� y GRAPHIC SCALE IN F7 2. FILL WIDTHS ARE NOT TO SCALE. Attachment 2 —Map Showing Location of Sand Placement Sites Page 16 of 30 16A24 Attachment 3 —Summary of Final Biological Opinion Summaries' of ESA Section 7 Conditions per NMFS Biological Opinion dated August 13, 2013 Conditions written for BOEM per the August 13,2013 Biological Opinion entitled "Lease of Borrow Area Ti to the Collier County Parks and Recreation Department for the Collier County Beach Renourishment Project(Consultation Number SER-2012-9274)" (http://www.boem.gov/Non-Energy-Minerals/Marine-Mineral-Pro j ects.aspx): Incidental Take Sea Turtles Based on historical distribution data, hopper dredge observer reports, nesting data, relocation trawling information, and observations of past strandings, loggerhead, Kemp's ridley, and green sea turtles may occur in the action area and may be taken by the relocation trawling or hopper dredging operations in federal waters for this project. NMFS anticipates that documented (i.e., by onboard observers) incidental take in federal waters, by hopper dredge entrainment, will consist of 2 sea turtle mortalities (either 2 loggerheads or 1 loggerhead and 1 Kemp's ridley). NMFS also anticipates the non-injurious incidental take, by relocation trawling, of 100 sea turtles (75 loggerheads, 10 Kemp's ridleys, and 15 green sea turtles) during the 120 days of the hopper dredging in federal waters. Takes by Hopper Dredge Takes by Relocation Trawling Species Observed Take# Species Observed Take# Loggerhead 2 Loggerhead 75 OR Kemp's ridley 10 Loggerhead 1 Green 15 Kemp's ridley 1 Total 2 * Total 100* *Does not account for 2 unobserved takes that *No lethal take authorized for relocation NMFS assumes will be loggerheads trawling 1. The following terms and conditions implement the Reasonable and Prudent Measures (RPM): 1. An endangered species project report summarizing the results of the dredging and the sea turtle take (if any) must be submitted to BOEM within 30 working days of completion. Reports shall contain information on project location, start-up and completion dates, cubic yards of material dredged, problems encountered, incidental takings (include photographs, if available) and sightings of protected species, mitigative actions taken (if relocation trawling, the number and species of turtles relocated), screening type (inflow, overflow) utilized, daily water temperatures, name of dredge, names of endangered species observers, percent of observer Attachment 3 is a summary provided for your reference;to the extent it differs or conflicts with the Biological Opinion,the terms and conditions of the Biological Opinion govern. Page 17 of 30 16 A 24 coverage, and any other information the BOEM and/or contractor deems relevant. This report must be provided to NMFS's Protected Resources Division (PRD) at the address provided in RPM 1 of the Biological Opinion and notification of take shall be provided to NMFS at the following e-mail address within 24 hours, referencing the present opinion by NMFS identifier number (SER-2012-9274), title, and date: takereport.nmfsser@noaa.gov. BOEM will provide NMFS's Southeast Regional Office (address provided in RPM 1 of the Biological Opinion) with an end-of-project relocation trawling report within 30 days of completion of any relocation trawling. This report may be included within the project report(see RPM 1). 2. Collier County shall notify BOEM of the start-up and completion of hopper dredging operations and ask to be notified of any sea turtle strandings in the project area that, in the estimation of the Sea Turtle Stranding and Salvage Network (STSSN) personnel, bear signs of potential draghead impingement or entrainment. Information on any such strandings shall be reported in writing within 30 days of project end to BOEM, or included in the project report (see Term and Condition# 1). 3. Collier County shall arrange for NMFS-approved protected species observers to be aboard the hopper dredge to monitor the hopper bin, screening, and dragheads for sea turtles and their remains. For the proposed action, 100 percent observer monitoring is required. Beach observers cannot be used in place of shipboard observers for hopper dredging of borrow areas (see RPM 2). 4. Relocation trawling is required to commence 24 hours prior to dredging and will continue throughout the dredging portion of the project (see RPM 3). 5. The following conditions must be observed during relocation trawling (see RPM 3): a. Trawl Time: Trawl tow-time duration shall not exceed 42 minutes (doors in — doors out) and trawl speeds shall not exceed 3.5 knots. b. Handling during Trawling: Sea turtles and smalltooth sawfish2 captured pursuant to relocation trawling shall be handled in a manner designed to ensure their safety and viability, by implementing the measures below. c. Captured Turtle Holding Conditions: Captured turtles shall be kept moist, and shaded whenever possible, until they are released. They may be held for up to 24 hours if opportunistic, ancillary, "piggy-back" research (e.g., opportunistic satellite tagging) is proposed. NMFS encourages Collier County to make fuller use of protected species taken during hopper dredging and relocation trawling by allowing and encouraging duly permitted "piggy-back" research projects on protected species taken during these activities (In accordance with the GRBO's T &C 15-d, Conservation Recommendation 5, as summarized below). d. Weight and Size Measurements: All turtles shall be measured (standard carapace measurements including body depth) and tagged (Passive Integrative Transponder [PIT] or Inconel), and weighed prior to release when safely possible; smalltooth sawfish shall be 2 Although smalltooth sawfish trawl captures are not expected,these terms and conditions are included for such an eventuality. Any take of sawfish would require immediate reinitiation of consultation with NMFS. Page 18 of 30 16A24 measured (fork length and total length) and--when safely possible—tagged, weighed, and a tissue sample taken prior to release. Only NMFS-approved observers or observer candidates in training under the direct supervision of a NMFS-approved observer may conduct the tagging/measuring/weighing/tissue sampling operations. Flipper Tagging: All sea turtles captured by relocation trawling shall be flipper-tagged prior to release with external tags which shall be obtained prior to the project from the University of Florida's Archie Carr Center for Sea Turtle Research. This Biological Opinion serves as the permitting authority for any NMFS-approved endangered species observer a relocation trawler to flipper-tag with external tags (e.g., Inconel tags)captured sea turtles. Columbus crabs or other organisms living on external sea turtle surfaces may also be sampled and removed under this authority. PIT Tagging and Scanning: All sea turtles captured by relocation trawling or dredges shall be thoroughly scanned for the presence of PIT tags prior to release using a scanner powerful enough to read dual frequencies (125 and 134 kHz) and read tags deeply embedded deep in muscle tissue (e.g., manufactured by Biomark or Avid). Turtles which have been previously PIT tagged shall never-the-less be externally flipper tagged. The data collected (PIT-tag scan data and external tagging data) shall be submitted to NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format within 60 working days to Lisa.Belskis@noaa.gov. PIT tagging may only be conducted by observers with PIT-tagging training or experience. This Biological Opinion provides the authority to NMFS-approved observers to PIT tag captured sea turtles without the need for an ESA Section 10 permit. e. Take and Release Time During Trawling- Turtles: Turtles shall be kept no longer than 12 hours prior to release (except as noted in 5.c. above) and shall be released not less than 3 nautical miles (nm) from the dredge site. Recaptured turtles shall be released not less than 5 nm away and shall be released over the side of the vessel, away from the propeller, and only after ensuring that the vessel's propeller is in the neutral, or disengaged, position (i.e., not rotating). If it can be done safely, turtles may be transferred onto another vessel for transport to the release area to enable the relocation trawler to keep sweeping the dredge site without interruption. f. Take and Release Time During Trawling — Smalltooth Sawfish: Smalltooth sawfish shall be released immediately after capture, away from the dredge site or into already dredged areas, unless the trawl vessel is equipped with a suitable well-aerated seawater holding tank (e.g., plastic "kiddie pool" not less than 1 ft in depth by 5 ft in diameter), where a maximum of one sawfish may be held for not longer than 30 minutes before it must be released or relocated away from the dredge site. g. Injuries and Incidental Take Quota: Any protected species injured or killed during or as a consequence of relocation trawling shall count toward the incidental take quota. Minor skin abrasions resulting from trawl capture are considered non-injurious and still count towards the non-injurious incidental take quota. Injured sea turtles shall be immediately transported by Collier County and/or its representative at its expense to the nearest sea turtle rehabilitation facility; all rehabilitation costs and sea turtle transportation costs shall be borne by Collier County. Page 19 of 30 16 .424 4 h. CMTTP: External flipper tag and PIT-tag data generated and collected by relocation trawlers shall also be submitted to the Cooperative Marine Turtle Tagging Program (CMTTP), on the appropriate CMTTP form, at the University of Florida's Archie Carr Center for Sea Turtle Research. i. Tissue Sampling: All live or dead sea turtles captured by relocation trawling or dredging shall be tissue-sampled prior to release, according to the protocols described in Appendix II or Appendix III of the November 19, 2003, Gulf of Mexico Regional Biological Opinion on Hopper Dredging, as revised through Revision No. 2, included as Appendix 1 of the Biological Opinion. Tissue samples shall be sent within 60 days of capture to: NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format within 60 working days to Lisa.Belskis@noaa.gov. The present opinion to BOEM serves as the permitting authority for any NMFS-approved endangered species observers aboard relocation trawlers or hopper dredges to tissue sample live- or dead-captured sea turtles, without the need for an ESA Section 10 permit. 6. For the proposed action, 100 percent shipboard observer monitoring is required year-round. If conditions disallow 100 percent inflow screening, inflow screening can be reduced gradually, but 100 percent overflow screening is required, and an explanation must be, included in the project report. The hopper's inflow screens should have 4-inch by 4-inch screening. If BOEM, in consultation with observers and the draghead operator, determines that the draghead is clogging and reducing production substantially, the screens may be modified sequentially: mesh size may be increased to 6-inch by 6-inch, then 9-inch by 9-inch, then 12-inch by 12-inch openings. NMFS believes that this flexible, graduated-screen option may be necessary since the need to constantly clear the inflow screens will increase the time it takes to complete the project; therefore, it will increase the exposure of sea turtles to the risk of impingement or entrainment. Inflow screen clogging should be greatly reduced with these flexible options; however, further clogging (e.g., as when encountering heavy clay or debris) may compel removal of the inflow screening altogether, in which case effective 100 percent overflow screening is mandatory. Collier County shall notify BOEM beforehand if inflow screening is going to be reduced or eliminated, and provide details of how effective overflow screening will be achieved. No action to increase inflow screening should be completed until Collier County has BOEM/NMFS approval. NMFS, in consultation with the dredging company, Collier County, and BOEM, shall determine what constitutes effective overflow screening(RPM 4). 2. Collier County has further agreed to comply with portions of the NMFS' Sea Turtle and Smalltooth Sawfish Construction Conditions (Appendix 3 of the "Lease of Borrow Area T1 to the Collier County Parks and Recreation Department for the Collier County Beach Renourishment Project (Consultation Number SER-2012- 9274)): The permittee (i.e., Collier County and its agents and contractors) shall comply with the following protected species construction conditions: Note that these conditions exclude the Incidental Take Statement provided in the document. Page 20 of 30 16A24 a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. 3. Collier County will comply with the reasonable and prudent measures, and implementing terms and conditions, of NMFS' 2003 Gulf of Mexico regional biological opinion (GRBO) to the United States Army Corps of Engineers (USACE), as amended through Revision 2 dated January 9, 2007 (Appendices 1 and 2 of the "Lease of Borrow Area T1 to the Collier County Parks and Recreation Department for the Collier County Beach Renourishment Project (Consultation Number SER- 2012-9274)"): 1. Hopper Dredging: Hopper dredging activities in Gulf of Mexico waters from the Mexico-Texas border to Key West, Florida, up to one mile into rivers shall be completed, whenever possible, between December 1 and March 31, when sea turtle abundance is lowest throughout Gulf coastal waters. Hopper dredging of Key West channels are covered by the existing September 25, 1997, RBO to the [USACE]'s South Atlantic Division(SAD). Page 21 of 30 1 6 A 2 4 2. Non-hopper Type Dredging: Pipeline or hydraulic dredges, because they are not known to take turtles, must be used whenever possible between April 1 and November 30 in Gulf of Mexico waters up to one mile into rivers. This should be considered particularly in channels such as those associated with Galveston Bay and Mississippi River - Gulf Outlet (MR- GO), where lethal takes of endangered Kemp's ridleys have been documented during summer months, and Aransas Pass, where large numbers of loggerheads may be found during summer months. In the MR-GO, incidental takes and sightings of threatened loggerhead sea turtles have historically been highest during April and October. 3. Annual Reports: The annual summary report, discussed below (No. 9), must give a complete explanation of why alternative dredges (dredges other than hopper dredges) were not used for maintenance dredging of channels between April and November. 4. Observers: The County shall arrange for NMFS-approved protected species observers to be aboard the hopper dredges to monitor the hopper bin, screening, and dragheads for sea turtles and Gulf sturgeon and their remains. a. Brazos Santiago Pass east to Key West, Florida: Observer coverage sufficient for 100% monitoring (i.e., two observers) of hopper dredging operations is required aboard the hopper dredges year-round from Brazos Santiago Pass to (not including) Key West, Florida, between April 1 and November 30, and whenever surface water temperatures are 11 degrees C or greater. b. Observer coverage of hopper dredging of sand mining areas shall ensure 50% monitoring(i.e., one observer). c. Observers are not required at any time in Mississippi River - Southwest Pass (MRS WP). 5. Operational Procedures: During periods in which hopper dredges are operating and NMFS-approved protected species observers are not required (as delineated in No. 4 above), the County must: a. Advise inspectors, operators, and vessel captains about the prohibitions on taking, banning, or harassing sea turtles. b. Instruct the captain of the hopper dredge to avoid any turtles and whales encountered while traveling between the dredge site and offshore disposal area, and to immediately contact the County if sea turtles or whales are seen in the vicinity. c. Notify NMFS if sea turtles are observed in the dredging area, to coordinate further precautions to avoid impacts to turtles. d. Notify NMFS immediately by phone (727/824-5312), fax (727/824-5309), or electronic mail (takereport.nmfsser(ajnoaa.gov) if a sea turtle or Gulf sturgeon or any other threatened or endangered species is taken by the dredge. Page 22 of 30 16A24 6. Screening: When sea turtle observers are required on hopper dredges, 100% inflow screening of dredged material is required and 100% overflow screening is recommended. If conditions prevent 100% inflow screening, inflow screening may be reduced gradually, as further detailed in the following paragraph,but 100%overflow screening is then required. a. Screen Size: The hopper's inflow screens should have 4-inch by 4-inch screening. If BOEM, in consultation with USACE, determines that the draghead is clogging and reducing production substantially, the screens may be modified sequentially: mesh size may be increased to 6-inch by 6-inch, then 9-inch by 9-inch, then 12-inch by 12-inch openings. Clogging should be greatly reduced with these flexible options; however, further clogging may compel removal of the screening altogether, in which case effective 100% overflow screening is mandatory. The BOEM shall notify NMFS beforehand if inflow screening is going to be reduced or eliminated, and provide details of how effective overflow screening will be achieved. b. Need for Flexible, Graduated Screens: NMFS believes that this flexible, graduated screen option is necessary, since the need to constantly clear the inflow screens will increase the time it takes to complete the project and therefore increase the exposure of sea turtles to the risk of impingement or entrainment. Additionally, there are increased risks to sea turtles in the water column when the inflow is halted to clear screens, since this results in clogged intake pipes, which may have to be lifted from the bottom to discharge the clay by applying suction. c. Exemption - MR-SWP: Screening is not required at any time in Mississippi River—Southwest Pass(MR-SWP). 7. Dredging Pumps: Standard operating procedure shall be that dredging pumps shall be disengaged by the operator when the dragheads are not firmly on the bottom, to prevent impingement or entrainment of sea turtles within the water column. This precaution is especially important during the cleanup phase of dredging operations when the draghead frequently comes off the bottom and can suck in turtles resting in the shallow depressions between the high spots the draghead is trimming off. 8. Sea Turtle Deflecting Draghead: A state-of-the-art rigid deflector draghead must be used on all hopper dredges in all Gulf of Mexico channels and sand mining sites at all times of the year except that the rigid deflector draghead is not required in MR-SWP at any time of the year. 9. Dredge Take Reporting: Observer reports of incidental take by hopper dredges must be faxed or e-mailed to NMFS' Southeast Regional Office [fax: (727) 824-5309; e-mail: takcreport.nmfsser@noaa.gov] by onboard NMFS-approved protected species observers within 24 hours of any sea turtle, Gulf sturgeon, or other listed species take observed. A preliminary report summarizing the results of the hopper dredging and any documented sea turtle or Gulf sturgeon takes must be submitted to NMFS within 30 working days of completion of any dredging project. Reports shall contain information on project location (specific channel/area dredged), start-up and completion dates, cubic yards of material dredged, Page 23 of 30 1 6 A 2 4 problems encountered, incidental takes and sightings of protected species, mitigative actions taken(if relocation trawling, the number and species of turtles relocated), screening type (inflow, overflow) utilized, daily water temperatures, name of dredge, names of endangered species observers,percent observer coverage, and any other information BOEM deems relevant. An annual report (based on fiscal year) must be submitted to NMFS summarizing hopper dredging projects and documented incidental takes. 10. Sea Turtle and Gulf Sturgeon Strandings: The County or its designated representative shall notify the Sea Turtle Stranding and Salvage Network (STSSN) state representative (contact information available at: http://www.sefsc.noaa.gov/seaturtleSTSSN.jsp) of the start-up and completion of hopper dredging, bed-leveler dredging, and relocation trawling operations and ask to be notified of any sea turtle strandings in the project area that, in the estimation of STSSN personnel, bear signs of potential draghead impingement or entrainment, or interaction with a bed-leveling type dredge. Similarly, BOEM shall notify NMFS SERO PRD of any Gulf sturgeon strandings in the project area that, in the estimation of STSSN personnel, bear signs of potential draghead impingement or entrainment, or interaction with a bed-leveling type dredge. Information on any such strandings shall be reported in writing within 30 days of project completion to NMFS' Southeast Regional Office. Because the deaths of these turtles, if hopper dredge or bed-leveler dredge related, have already been accounted for in NMFS' jeopardy analysis, these strandings will not be counted against the [USACE]'s take limit4. 11. Reporting- Strandings: BOEM shall provide NMFS' Southeast Regional Office with an annual report detailing incidents, with photographs when available, of stranded sea turtles and Gulf sturgeon that bear indications of draghead impingement or entrainment or any dredge-type interaction. This reporting requirement may be included in the end-of-year report required in Term and Condition No. 9, above. 12. District Annual Relocation Trawling Report: BOEM shall provide NMFS' Southeast Regional Office with end-of-project reports within 30 days of completion of relocation trawling projects, and an annual report summarizing relocation trawling efforts and results within their District. The annual report requirement may be included in the end-of-year report required in Term and Condition No. 9, above. 13. Conditions Requiring Relocation Trawling: Handling of sea turtles and Gulf sturgeon captured during relocation trawling in association with hopper dredging projects in Gulf of Mexico navigation channels and sand mining areas shall be conducted by NMFS approved protected species observers. Relocation trawling shall be undertaken by the County or its contractor at all projects where any of the following conditions are met; however, other ongoing projects not meeting these conditions are not required to conduct relocation trawling: a. Two or more turtles are taken in a 24-hour period in the project. b. Four or more turtles are taken in the project. c. 75% of any of the incidental take limits, including per species limits, specified in Section 8.1, has previously been met. 4 Note that the Incidental Take Statement and take limit of the GRBO does not apply. The Incidental Take Statement and limits in the Biological Opinion summarized above apply to the project. Page 24 of 30 16 A 2 4 14. Relocation Trawling Waiver: For individual projects BOEM may request by letter to NMFS a waiver of part or all of the relocation trawling requirements. NMFS will consider these requests and decide favorably if the evidence is compelling. 15. Relocation Trawling- Annual Take Limits5: Relocation trawling, and handling of those captured threatened or endangered species by NMFS-approved protected species observers, in association with all relocation trawling conducted or contracted by the four Gulf of Mexico [USACE] Districts to temporarily reduce or assess the abundance of these listed species during, and in the 0-3 days immediately preceding, a hopper dredging or bed-leveling project in order to reduce the possibility of lethal hopper dredge or bed-leveler interactions, subject to the following conditions: a. Trawl Time: Trawl tow-time duration shall not exceed 42 minutes (doors in — doors out) and trawl speeds shall not exceed 3.5 knots. b. Handling During Trawling: Sea turtles and Gulf sturgeon captured pursuant to relocation trawling shall be handled in a manner designed to ensure their safety and viability, and shall be released over the side of the vessel, away from the propeller, and only after ensuring that the vessel's propeller is in the neutral, or disengaged, position (i.e., not rotating). Resuscitation guidelines are found in Appendix IV of the 2007 NMFS BO. c. Captured Turtle and Gulf Sturgeon Holding Conditions: Turtles and Gulf sturgeon may be held briefly for the collection of important scientific measurements, prior to their release. Captured sea turtles shall be kept moist, and shaded whenever. possible, until they are released, according to the requirements of Terms and Conditions (T&C) 15-e, below. Captured Gulf sturgeon shall be held in a suitable wen-aerated seawater enclosure until they are released, according to the conditions of T&C 15-f, below. d. Scientific Measurements: When safely possible, all turtles shall be measured (standard carapace measurements including body depth), tagged, weighed, and a tissue sample taken prior to release. When safely possible, all Gulf sturgeon shall be measured (fork length and total length), tagged, weighed, and a tissue sample taken prior to release. Any external tags shall be noted and data recorded into the observers log. Only NMFS- approved protected species observers or observer candidates in training under the direct supervision of a NMFS-approved protected species observer may conduct the tagging/measuring/weighing/tissue sampling operations. NMFS-approved protected species observers may conduct more invasive scientific procedures (e.g., blood letting, laparoscopies, anal and gastric lavages, mounting satellite or radio transmitters, etc.) and partake in or assist in "piggy back" research projects but only if the observer holds a valid federal sea turtle or Gulf sturgeon research permit (and any required state permits) authorizing the activities, either as the permit holder, or as 5 This GRBO included a take statement for relocation trawling which does not apply to activities conducted under this Collier County Lease. Please see page 17 of this Lease for the takes anticipated for this project,as described in the BOEM- NMFS Biological Opinion specific to this Lease and activities conducted pursuant to this Lease. Page 25 of 30 16A24 designated agent of the permit holder, and has first notified NMFS' Southeast Regional Office, Protected Resources Division. e. Take and Release Time During Trawling - Turtles: Turtles shall be kept no longer than 12 hours prior to release and shall be released not less than 3 (three) nautical miles (nmi) from the dredge site. If two or more released turtles are later recaptured, subsequent turtle captures shall be released not less than 5 (five) nmi away. If it can be done safely and without injury to the turtle, turtles may be transferred onto another vessel for transport to the release area to enable the relocation trawler to keep sweeping the dredge site without interruption. f. Take and Release Time During Trawling- Gulf Sturgeon: Gulf sturgeon shall be released immediately after capture, away from the dredge site or into already dredged areas, unless the trawl vessel is equipped with a suitable well-aerated seawater holding tank, container, trough, or pool where a maximum of one fish may be held for not longer than 30 minutes before it must be released or relocated away from the dredge site. g. Injuries and Incidental Take Limits: Any protected species injured or killed during or as a consequence of relocation trawling shall count toward the Gulf-wide limit for injurious or lethal takes during relocation trawling (0-2 sea turtles and 0-1 Gulf sturgeon per fiscal year). Minor skin abrasions resulting from trawl capture are considered non-injurious. Injured sea turtles shall be immediately transported to the nearest sea turtle rehabilitation facility. h. Turtle Flipper External Tagging: All sea turtles captured by relocation trawling shall be flipper-tagged prior to release with external tags which shall be obtained prior to the project from the University of Florida's Archie Carr Center for Sea Turtle Research. This opinion serves as the permitting authority for any NMFS-approved protected species observer aboard these relocation trawlers to flipper-tag with external-type tags (e.g., Inconel tags) captured sea turtles. Columbus crabs or other organisms living on external sea turtle surfaces may also be sampled and removed under this authority. i. PIT Tagging: This opinion serves as the permitting authority for any NMFS approved protected species observer aboard a relocation trawler to PIT-tag captured sea turtles and Gulf sturgeon. PIT tagging of sea turtles and Gulf sturgeon is not required to be done, if the NMFS-approved protected species observer does not have prior training or experience in said activity; however, if the observer has received prior training in PIT tagging procedures, then the observer shall PIT tag the animal prior to release (in addition to the standard external tagging): Sea turtle PIT tagging must then be performed in accordance with the protocol detailed at NMFS' Southeast Fisheries Science Center's Web page: http://www.sefsc.noaa.gov/seaturtlefisheriesobservers.jsp (See Appendix on SEFSC's "Fisheries Observers" Web page); Gulf sturgeon PIT tagging must then be performed in accordance with the protocol detailed at the NMFS SERO PRD Web site address: Page 26 of 30 16A24 2 4 http://sero.nmfs.noaa.gov/pr/protres.htm. PIT tags used must be sterile, individually- wrapped tags to prevent disease transmission. PIT tags should be 125-kHz, glass- encapsulated tags- the smallest ones made. Note: If scanning reveals a PIT tag and it was not difficult to find, then do not insert another PIT tag; simply record the tag number and location, and frequency, if known. If for some reason the tag is difficult to detect (e.g., tag is embedded deep in muscle, or is a 400-kHz tag), then insert one in the other shoulder. j. Other Sampling Procedures: All other tagging and external or internal sampling procedures (e.g., blood letting, laparoscopies, anal and gastric lavages, mounting satellite or radio transmitters, etc.) performed on live sea turtles or live Gulf sturgeon are not permitted under this opinion unless the observer holds a valid sea turtle sturgeon research permit authorizing the activity, either as the permit holder, designated agent of the permit holder. k. PIT-Tag Scanning and Data Submission Requirements: All sea turtles and Gulf sturgeon captured by relocation trawling or dredges shall be thoroughly scanned for the presence of PIT tags prior to release using a multi-frequency scanner powerful enough to read multiple frequencies (including 125-, 128-, 134-, and 400-kHz tags) and read tags deeply embedded in muscle tissue (e.g., manufactured by Trovan, Biomark, or Avid). Turtles whose scans show they have been previously PIT tagged shall nevertheless be externally flipper tagged. Sea turtle data collected (PIT tag scan data and external tagging data) shall be submitted to NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All sea turtle data collected shall be submitted in electronic format within 60 days of project completion to Lisa.Belskis@noaa.gov and Sheryan.Epperly@noaa.gov. Sea turtle external flipper tag and PIT tag data generated and collected by relocation trawlers shall also be submitted to the Cooperative Marine Turtle Tagging Program (CMTTP), on the appropriate CMTTP form, at the University of Florida's Archie Carr Center for Sea Turtle Research. Gulf sturgeon data (PIT tag scan data and external tagging data) shall be submitted within 60 days of project completion to NOAA, National Marine Fisheries Service, Protected Resources Division, 263 13th Avenue South, St. Petersburg, Florida 33701, or by fax: (727) 824-5309; or by e-mail: takereport.nmfsser@noaa.gov, Attn: Dr. Stephania Bolden. 1. Handling Fibropapillomatose Turtles: NMFS-approved protected species observers are not required to handle or sample viral fibropapilloma tumors if they believe there is a health hazard to themselves and choose not to. When handling sea turtles infected with fibropapilloma tumors, observers must either: 1) Clean all equipment that comes in contact with the turtle (tagging equipment, tape measures, etc.)with mild bleach solution, between the processing of each turtle or 2) maintain a separate set of sampling equipment for handling animals displaying fibropapilloma tumors or lesions. 16. Requirement and Authority to Conduct Tissue Sampling for Genetic Analyses: This opinion serves as the permitting authority for any NMFS-approved protected species observer Page 27 of 30 16A24 aboard a relocation trawler or hopper dredge to tissue-sample live- or dead captured sea turtles, and live-or dead-captured Gulf sturgeon,without the need for an ESA section 10 permit. All live or dead sea turtles and Gulf sturgeon captured by relocation trawling and hopper dredging (for both [USACE]-conducted and [USACE]-permitted activities) shall be tissue- sampled prior to release. Sampling shall continue uninterrupted until such time as NMFS determines and notifies the [USACE] in writing that it has sufficient samples from specific areas across the Gulf of Mexico in order to obtain reliable genetic information on the nesting or sub- population identity of sea turtles and Gulf sturgeon being captured or lethally taken, to improve the effectiveness of future consultations. Sea turtle tissue samples shall be taken in accordance with NMFS' Southeast Fisheries Science Center's (SEFSC) procedures for sea turtle genetic analyses. The County or its contractor shall ensure that tissue samples taken during a dredging project are collected and stored properly and mailed within 60 days of the completion of their dredging project to: NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. Gulf sturgeon tissue samples (i.e., fin clips or barbel clips) shall be taken in accordance with NMFS SERO's Protected Resources Division's Gulf Sturgeon Tissue Sampling Protocol found at the NMFS SERO PRD Web site address: http://sero.nmfs.noaa.gov/pr/protres.htm. The County or its contractor shall ensure that tissue samples taken during a dredging project are collected and stored properly and mailed to SERO PRD (Attn: Dr. Stephania Bolden) within 60 days of the completion of their dredging project. 17. Hardground Buffer Zones: All dredging in sand mining areas will be designed to ensure that dredging will not occur within a minimum of 400 feet from any significant hardground areas or bottom structures that serve as attractants to sea turtles for foraging or shelter. NMFS considers (for the purposes of this opinion only) a significant hardground in a project area to be one that, over a horizontal distance of 150 feet, has an average elevation above the sand of 1.5 feet or greater, and has algae growing on it. The County or its contractor shall ensure that sand mining sites within their Districts are adequately mapped to enable the dredge to stay at least 400 feet from these areas. If the County or its contractor is uncertain as to what constitutes significance, it shall request that BOEM consult with NMFS SERO's Habitat Conservation Division (727-824-5317) and NMFS' Protected Resources Division (727-824- 5312) for clarification and guidance. Walls of federally-maintained navigation channels, and jetties and other such man-made structures, are not considered hardgrounds for the purpose of this opinion. 18. Training - Personnel on Hopper Dredges: The County or its contractor must ensure that all contracted personnel involved in operating hopper dredges (whether privately-funded or federally-funded projects) receive thorough training on measures of dredge operation that will minimize takes of sea turtles. It shall be the goal of each hopper dredging operation to establish operating procedures that are consistent with those that have been used successfully during hopper dredging in other regions of the coastal United States, and which have proven effective in reducing turtle/dredge interactions. Therefore, [USACE] Engineering Research and Development Center experts or other persons with expertise in this matter shall be involved both Page 28 of 30 16 A 2 4 in dredge operation training, and installation, adjustment, and monitoring of the rigid deflector draghead assembly. 19. Dredge Lighting: From May 1 through October 31, sea turtle nesting and emergence season, all lighting aboard hopper dredges and hopper dredge pumpout barges operating within 3 nmi of sea turtle nesting beaches shall be limited to the minimal lighting necessary to comply with U.S. Coast Guard and/or OSHA requirements. All nonessential lighting on the dredge and pumpout barge shall be minimized through reduction, shielding, lowering, and appropriate placement of lights to minimize illumination of the water to reduce potential disorientation effects on female sea turtles approaching the nesting beaches and sea turtle hatchlings making their way seaward from their natal beaches. 4. Collier County will comply with NMFS's Southeast Region Vessel Strike Avoidance Measures and Reporting for Mariners (revised February 2008 [Appendix 4 of the "Lease of Borrow Area T1 to the Collier County Parks and Recreation Department for the Collier County Beach Renourishment Project(Consultation Number SER- 2012-9274)"]).: Vessel Strike Avoidance: In order to avoid causing injury or death to marine mammals and sea turtles the following measures should be taken when consistent with safe navigation: 1. Vessel operators and crews shall maintain a vigilant watch for marine mammals and sea turtles to avoid striking sighted protected species. 2. When whales are sighted, maintain a distance of 100 yards or greater between the whale and the vessel. 3. When sea turtles or small cetaceans are sighted, attempt to maintain a distance of 50 yards or greater between the animal and the vessel whenever possible. 4. When small cetaceans are sighted while a vessel is underway(e.g., bow-riding), attempt to remain parallel to the animal's course. Avoid excessive speed or abrupt changes in direction until the cetacean has left the area. 5. Reduce vessel speed to 10 knots or less when mother/calf pairs, groups, or large assemblages of cetaceans are observed near an underway vessel, when safety permits. A single cetacean at the surface may indicate the presence of submerged animals in the vicinity; therefore, prudent precautionary measures should always be exercised. The vessel shall attempt to route around the animals, maintaining a minimum distance of 100 yards whenever possible. 6. Whales may surface in unpredictable locations or approach slowly moving vessels. When an animal is sighted in the vessel's path or in close proximity to a moving vessel and when safety permits, reduce speed and shift the engine to neutral. Do not engage the engines until the animals are clear of the area. Additional Requirements for the North Atlantic Right Whale: Page 29 of 30 16 A 2 4 1. If a sighted whale is believed to be a North Atlantic right whale, federal regulation requires a minimum distance of 500 yards be maintained from the animal (50 CFR 224.103 (c)). 2. Vessels entering North Atlantic right whale critical habitat are required to report into the Mandatory Ship Reporting System. 3. Mariners shall check with various communication media for general information regarding avoiding ship strikes and specific information regarding North Atlantic right whale sighting locations. These include NOAA weather radio, U.S. Coast Guard NAVTEX broadcasts, and Notices to Mariners. Commercial mariners calling on United States ports should view the most recent version of the NOAA/USCG produced training CD entitled"A Prudent Mariner's Guide to Right Whale Protection" (contact the NMFS Southeast Region, Protected Resources Division for more information regarding the CD). 4. Injured, dead, or entangled right whales should be immediately reported to the U.S. Coast Guard via VHF Channel 16. Injured or Dead Protected Species Reporting: Vessel crews shall report sightings of any injured or dead protected species immediately, regardless of whether the injury or death is caused by your vessel. Report marine mammals to the Southeast U.S. Stranding Hotline: 877-433-8299. Report sea turtles to the NMFS Southeast Regional Office: 727-824-5312. If the injury or death of a marine mammal was caused by a collision with your vessel, responsible parties shall remain available to assist the respective salvage and stranding network as needed. NMFS' Southeast Regional Office shall be immediately notified of the strike by email (takereport.nmfsser@noaa.gov) using the attached vessel strike reporting form. Page 30 of 30