Backup Documents 01/23/2018 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the ounty Attorney nice
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 routingzlines#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. 4
3. County Attorney Office County Attorney Office M(5- \\Z_ck
4. BCC Office Board of County AS bv\\
Commissioners \c‘,(3/ k6_5\\'
5. Minutes and Records Clerk of Court's Office h j 4-3-11 l l:t l a vv,
PRIMARY CONTACT INFORMATION
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 Gail Hambrig t/Coastal Zone Management Phone Number 252-2966
Contact/ Department
Agenda Date Item was 1/23/2018 Agenda Item Number 16-A-11
Approved by the BCC
Type of Document Agreement(BOEM) Number of Original 1
Attached Documents Attached
PO number or account n/a
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? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
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 N/ A
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. Oil 6-
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's /�
signature and initials are required. l�
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 ails
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1/23/2018 (enter date)and all
changes made during the meeting have been incorporated in the attached documents
The County Attorney's Office has reviewed the changes,if applicable. v
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 for the on 'l/
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: January 25, 2018
To: Gail Hambright, Accountant
Coastal Zone Management
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: First Amendment to Bureau of Ocean Energy Management
Lease Negotiated Agreement No. OCS-G35160 to use of up
to 1.7 million cubic yards of Outer Continental Shelf sand
sources from Borrow Area T-1 for beach renourishment
Attached for further processing is the original amendment to the lease agreement
(Item #16A11) approved by the Board of County Commissioners on January 23, 2018.
After the agreement has been signed by the appropriate parties, please email a copy
of the fully executed agreement to the Minutes and Records Department for the Board's
Official Record. minutesandrecords@collierclerk.com
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachment
First Amendment to BOEM Negotiated Agreement No.OCS-G35160
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
WHEREAS, on April 14, 2015, the Department of the Interior's Bureau of Ocean Energy
Management("BOEM") and Collier County,Florida(the"County")entered into a three(3)year
Negotiated Agreement No. OCS-G35160, a Lease that authorized the extraction of up to
500,000 cubic yards of Outer Continental Shelf ("OCS") sediment resources from Borrow
Area T-1 for the renourishment of beach along 7.5 miles (12.1 kilometers) of coastline between
Wiggins Pass and Gordon Pass, including Vanderbilt Beach, Pelican Bay, Park Shore, and
Naples Beach(hereinafter the"Project");and
WHEREAS, the Lease between the parties will expire on April 14, 2018, three (3) years from
the date of the Lease's execution of April 14,2015, and provides that the Lease will terminate or
expire upon the following occurring: (1) the County sending written notice to BOEM that the
County has received 500,000 cubic yards of OCS sand resources, or(2)three (3) years from the
date of execution of the 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. 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.
WHEREAS, on May 10, 2017, the County submitted a request to BOEM stating the County is
seeking a time extension of the Lease and on September 20,2017, due to impacts from Hurricane
Irma, requested a sand volume increase to a total of 1.7 million cubic yards;and
WHEREAS,the County's request is timely and BOEM seeks to enter into an extension of the
Lease with the County;and
THEREFORE,the Parties hereby agree to an extension of the Lease by entering into this First
Amendment to BOEM Negotiated Agreement No.OCS-G35160,as follows:
1. Title IV,Paragraph B of the Lease is replaced in its entirety with the following:
The Lease shall terminate or expire upon(1)the County sending written notice to the
Regional Supervisor, Office of Environment, Gulf of Mexico OCS Region, Bureau of
Ocean Energy Management, 1201 Elmwood Park Blvd., New Orleans, LA 70123,
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that the County has received sufficient OCS sand resources, up to 1.7 million cubic
yards, to complete the Project; (2) the expiration, termination, or revocation of any
Federal or State approval necessary for completion of the Project, including the U.S.
Army Corps of Engineers (USACE) Permit SAJ-2003-12405 (SP-MMB) and the
Florida Department of the Environment Consolidated Joint Coastal Permit and
Sovereign Submerged Lands Authorization Permit No. 0331817-001-JC, unless either
agency issues a new or superseding permit within seven (7) days; or (3) three
(3)years from the date of execution of this First Amendment to the Lease, whichever
occurs first. 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.
2. Title IV Paragraph C.2 is replaced in its entirety with the following:
Section 7 ESA Consultation
The USACE will serve as the lead Federal agency for Endangered Species Act(ESA)
Section 7 consultation concerning protected species under the purview of the U.S.
Fish and Wildlife Service (USFWS). BOEM will serve as the lead Federal agency
for ESA Section 7 consultation concerning the National Marine Fisheries Service's
(NMFS) Biological Opinion and amendments (dated August 13, 2013, available
online at http://www.boem.gov/Collier-County-BO/ and Appendix D in the 2017
Environmental Assessment). For all activities undertaken pursuant to the Project,
Collier County agrees to implement all terms, conditions, and recommendations in
the NMFS Biological Opinion and subsequent amendments, which are incorporated
by reference as terms and conditions of the Lease (extracts of which are provided for
your reference in Attachment 1 to the extent the extracts or this Lease differ from or
conflict with the Biological Opinion, the Biological Opinion governs). The County
must instruct its contractor(s) to implement the 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 must notify BOEM prior to conducting the activity, and the
County will be required to provide an NMFS-approved, third-party contractor to
perform the inspection.
The County will work with BOEM prior to the start of dredging to enact a
communication plan to ensure ESA compliance. In the case of any collision with or
injury of a threatened or endangered species, including but not limited to sea turtles,
Collier County and/or its contractor(s) must immediately contact NMFS's Protected
Resources Division (727-824-5312, fax 727-824-5309, or electronic mail
takereport.nmfsserQ,noaa.gov), the local authorized sea turtle stranding/rescue
organization (provided online at http://www.sefsc.noaa.gov/species/turtles/
strandings.htm), and BOEM (dredgeinfo®boem.gov and pre-determined contact
person). Any protected species injured or killed during or as a consequence of
relocation trawling or dredge operations will count toward the incidental take quota.
The County must implement relocation trawling 24 hours prior to dredging and will
continue throughout the dredging portion of the project. Any non-lethal turtle
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relocations will be immediately reported to BOEM. Within 24 hours,the County(or
its contractor) must submit the Observer Report with complete information regarding
each turtle relocated (i.e., size, weight, and sex, if possible) as well as photos of the
turtle and thorough information on any bycatch.
If a turtle is non-lethally relocated, the turtle must be thoroughly scanned for the
presence of Passive Integrated Transponder(PIT)tags prior to release(see conditions
in the Biological Opinion). If a turtle does not have an existing PIT Tag the turtle
will be PIT tagged by an approved observer. The PIT tagging may only be conducted
by observers with PIT-tagging training or experience. See Attachment 1 for
additional NMFS Biological Opinion requirements.
Collier 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 Collier
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 in the sole discretion of
BOEM. Depending on the results of an assessment of the take or reinitiated
consultation, BOEM in its sole discretion may lift the suspension, revoke and
terminate the Lease, negotiate with Collier County an amendment to the existing
Lease, or enter into a new lease with additional terms and conditions to protect
threatened or endangered species. Collier 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. Title IV, Paragraph C.3 is replaced in its entirety with the following:
Environmental Responsibilities and Environmental Compliance
BOEM must ensure that the project complies with all other applicable environmental
laws including, but not limited to, the Endangered Species Act, The Magnuson-
Stevens Fishery Conservation and Management Act, National Historic Preservation
Act, and Coastal Zone Management Act. Collier County agrees to include in its
Construction Solicitation and Specifications Plan and implement all proposed
avoidance and minimization measures identified and analyzed in the underlying
National Environmental Policy Act documents related to this project (see
Environmental Assessment for the Issuance of a Negotiated Agreement for Use of
Outer Continental Shelf Sand from Borrow Area TI in the Collier County Beach
Renourishment Project (October 2017), which is available at http://www.boem.gov/
Collier-County-EA-Attachments!).
The County will instruct its contractor(s) to implement the mitigation terms,
conditions and measures as required by NMFS, USFWS, Florida Department of
Environmental Protection, and BOEM pursuant to applicable Federal and State laws
and regulations prior to commencement of activities authorized under this Lease,
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including extraction, transportation, and placement of sand resources from Borrow
Area T-1. The required mitigation terms, conditions, and measures are reflected in
the relevant Biological Opinions, Conservation Recommendations, Consistency
Determinations, and the Joint Coastal Permit (JCP). Electronic copies of all relevant
correspondence, monitoring data, and reports related to the activities covered by this
Memorandum of Agreement will be provided electronically to BOEM within 14 days
of issuance(including observer, Florida Department of Environmental Protection,and
dredging reports). Construction may not commence until the pre-construction
requirements have been completed.
4. Title IV Paragraph C.5 is replaced in its entirety with the following:
Dredge Positioning
During all phases of the Project, Collier 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(10 feet). The GPS must be installed as close to the
cutterhead or draghead as practicable or must use appropriate instrumentation to
accurately represent the position of the hydraulic dredge. During dredging
operations, Collier County and/or its agents will immediately notify BOEM
electronically if dredging occurs outside of the approved borrow area. Such
notification will be made as soon as possible after the time the County becomes aware
of dredging 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 is an immediate concern
of safety,navigation risk,or emergency situation.
Collier County and/or its agents, in collaboration with the USACE, will provide
BOEM, electronically, with all appropriate Dredging Quality Management (DQM)
data (incorrectly identified in NMFS' Biological Opinion as Silent Inspector data)
acquired during the Project using procedures jointly developed by the USACE's
National Dredging Quality Management Data Program Support Center and BOEM.
Collier County will submit the DQM data, including draghead depth, biweekly. A
summary DQM dataset will be submitted within 90 days of completion of the Project.
If the County and its contractor(s) elect to utilize a cutterhead dredge, cutterhead
depth will be reported biweekly. If available, Collier County will also submit
Automatic Identification System data for vessels qualifying under the International
Maritime Organization's International Convention for the Safety of Life at Sea.
5. Title IV,Paragraph C.9 of the Lease is replaced in its entirety with the following:
Bathymetric Surveys
The County will provide BOEM with pre- and post-dredging bathymetric surveys of
the borrow area. The pre-dredging survey of the Borrow Area will be conducted
within 60 days prior to dredging, and the data will be provided to BOEM for review,
allowing for a minimum of seven(7)working days for BOEM to provide concurrence
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prior to the commencement of dredging. A qualified hydrographic surveyor,
independent from the dredging/construction contractor must conduct, oversee, and
approve the survey before transmitting to BOEM. The post-dredging survey of the
borrow area will be conducted within 60 days after the completion of dredging.
BOEM recommends that the County conduct additional bathymetric surveys of the
Borrow Area one(1)and three(3)years after the completion of dredging to document
borrow area evolution and provide information to inform future decisions and
consultations regarding use of OCS sand resources. Surveys, error analysis, and
reporting will be performed in accordance with the most recent edition of National
Oceanic and Atmospheric Administration's Office of Coast Survey Hydrographic
Survey Field Procedure Manual. Survey standards and requirements are specified
and can be found on the Coast Survey Document Library
(https://www.nauticalcharts.noaa.gov/publications/docs/standards-and-
requirements/specs/hssd-2017.pdf). For bathymetric surveys, 100 percent coverage
using multi-beam bathymetric survey methods is required. All bathymetric data will
be roll, pitch, heave, and tide corrected using best practices. Sound velocity
corrections will be applied based on measurements made during and throughout the
duration of the survey using a profiling sound velocity meter to obtain water-column
sound velocities with casts that log the entire water column to the seafloor. Survey
lines of the specific dredge area will be established at intervals necessary to provide
100 percent coverage. All survey lines will extend at least 100 meters (328 feet)
beyond the edge of the Borrow Area limits as defined in this Lease. All data will be
collected in such a manner that post-dredging bathymetric surveys are compatible
with the pre-dredging bathymetric survey data to enable the latter to be subtracted
from the former to calculate the volume of sand removed,the shape of the excavation,
and the nature of post-dredging bathymetric change. Pre-dredge bathymetric survey
transects will be reoccupied during the post-dredging surveys. Surveys will be
conducted using kinematic GPS referenced to a GPS base station occupying an
established (NAVD 88 vertical control) monument within 15 kilometers (9 miles) of
the survey area,a National Geodetic Survey real-time network, or a water-level gauge
deployed within the vicinity of the Borrow Area and referenced to an established
monument (NAVD 88 vertical control), unless alternative methods are approved by
BOEM. Pre- and post-dredging surveys will be referenced to the same water-level
gauge, tide gauge, real-time network, benchmark, or BOEM-approved method. An
uncertainty or error analysis will be conducted on the bathymetric dataset based on
calculated differences of measured elevations (depths) at all transect crossings (also
note that other best practices typically employed to identify potential error or quantify
uncertainty, such as daily bar-checks, will be conducted and documented). Methods
and results of the uncertainty analysis report, field notes, and metadata must be
submitted to BOEM with the processed bathymetric data products.
Copies of processed pre- and post-dredging hydrographic data will be submitted to
BOEM via dredgeinfoc boem.gov within 30 days after each survey is completed.
Pre-dredging bathymetric survey results and attendant products must be provided to
BOEM for approval, and BOEM must review and deem them acceptable prior to
commencement of dredging activity. If data accuracy, coverage, quality, or other
parameters for either pre- or post-dredging surveys are not sufficient to provide for
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accurate comparisons between the pre- and post-dredge surveys (e.g., do not meet
specifications and standards discussed or referenced above), BOEM may require that
a new survey(at the pre-and/or post-dredge phase)be conducted.
The delivery format for bathymetry data submission is an ASCII file containing x, y,
z data and a digital elevation model in a format agreed upon between BOEM and the
County in writing. The horizontal data will be provided in the NAD83 Florida State
Plane East, U.S. survey feet. Vertical data will be provided in the NAVD 88, U.S.
survey feet unless otherwise specified. An 8.5 x 11 inch plan view plot of the
pre-and post-construction data will be provided showing the survey vessel navigation
tracks,as well as contour lines at appropriate elevation intervals. A plot of the digital
elevation model will also be provided. These plots will be provided in Adobe PDF
format. Images and descriptions of side-scan sonar or bathymetric anomaly targets
will be included and identified on an index map.
6. Title IV,Paragraph C.11 of the Lease is replaced in its entirety with the following:
Project Completion Report
A project completion report will be submitted by Collier County to BOEM within
120 days following completion of the activities authorized under this Lease. This
report and supporting materials should be sent in writing and electronically. The
report will contain,at a minimum,the following information:
• the names and titles of the project managers overseeing the effort (for Collier
County,the engineering firm [if applicable),and the contractor), including contact
information(i.e.,phone numbers,mailing addresses,and email addresses);
• the location and description of the project, including 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);
• the percentage of shell and rock material screened from the borrow area, if
screening and disposal are necessary;
• the DQM data, in ASCII files, containing the x, y, z and time stamp of the
cutterhead or drag arm locations;
• a narrative describing the final, as-built features, boundaries, and acreage,
including the restored beach width and length;
• 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 narrative and any appropriate tables describing any environmental surveys or
efforts associated with the project and costs associated with these surveys or
efforts;
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• a table(an example of which is illustrated below)showing the various key project
cost elements;
Cost Incurred as of Construction Completion($)
Construction
Engineering and Design
Pre-and Post-Dredging
Bathymetric Surveys
Compilation of Project
Completion Report
Total
• a table showing the various phases of the project construction, the types of
construction equipment used,and the nature of their use;
• a table listing significant construction dates beginning with bid opening and
ending with final acceptance of the project by the County;
• digital appendices containing the as-built surveys, beach-fill cross-sections, and
survey data;
• any additional pertinent comments;
• a table (an example of which is illustrated below) showing the various items of
work construction, final quantities,and monetary amounts;
Item Estimated Unit Estimated Final Bid Final
No. Item Quantity Unit Price Amount Quantity Unit Over/
Amount
Price Under
1 Mobilization
and
Demobilization
2 Beach Fill
3 Any Beach or
Offshore Hard
Structure
Placed or
Removed
• a listing of construction and construction oversight information, including the
prime and subcontractors,contract costs,etc.;and
• a list of all major equipment used to construct the project.
7. Title IV,Paragraph C.16 of the Lease is replaced in its entirety with the following:
To Collier County:
Leo E. Ochs, Jr.
County Manager
Collier County Government
3299 Tamiami Trail East, Suite 202
Naples,FL 34112-5746
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Gary McAlpin
Manager, Coastal Zone Management
Collier County Government
2685 S.Horseshoe Drive,Unit 103
Naples,FL 34104
To BOEM:
Bridgette Duplantis
Marine Minerals Program
Bureau of Ocean Energy Management
1201 Elmwood Park Blvd.
Mail Stop GM 626C
New Orleans, LA 70123
All electronic notifications, submissions,and deliverables to BOEM should be sent to
dredgeinfo(aiboem.gov and Bridgette.Duplantis( iboem.gov.
8. The following is added as Title IV,Paragraph C.18:
Borrow Area Disposal
Collier County will ensure that no rock or shell material is redeposited in Borrow
Area T-1. Prior to construction, the County and its contractor(s) must disclose to
BOEM how any shell/rock is going to be collected and disposed of in order to ensure
the collection does not inhibit the ability of the Protected Species Observers to
monitor the dredge inflow. All rock and shell material screened out during operations
on the OCS will be appropriately disposed of in the approved "Rock Disposal Area"
found on the USACE Permit drawings(Environmental Assessment, Appendix E) and
2017 Environmental Assessment Figure 3 per the conditions of any applicable
Federal and/or State permits or by another method approved by BOEM (e.g.,
screening at the beach pumpout).
9. In the event of a conflict between the provisions set forth in this First Amendment
and the Lease,this First Amendment shall prevail.
10. This Amendment may be executed in two(2)or more counterparts,each of which
shall be deemed to be an original. The signatures on this Amendment may be
executed on separate pages and all of which together shall constitute one and the
same agreement.
[SIGNATURE PAGES FOLLOW]
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16A11
First Amendment to BOEM Negotiated Agreement No.OCS-G35160
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
Signature Pages
Michael A. Celata An:y Solis, Chairman
Regional Director
Gulf of Mexico OCS Region Collier County Board of County Commissioners
Bureau of Ocean Energy Management
Department of the Interior
Date:
Date: J ail' • a3 1 -(Di
8.---
ATTEST:
DWIGHT E. BROCK,Clerk
iw
Attest atto Ch*manT8
signature only.
Ap „v.,, to form and legality
I,4/I
Item# 1k r A k / Assistant County Attorney
Agenda +�„�� 4Q
Date FJ
Date \:35:-.18
Rec'd
Deputy ler
16A11
First Amendment to BOEM Negotiated Agreement No. OCS-G35160
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
Signature Pages
Michael A.Celata oils,Chairman
Regional Director
Gulf of Mexico OCS Region Collier County Board of County Commissioners
Bureau of Ocean Energy Management
Department of the Interior
Date:
Date: Jl• O3 1 a-ol
ATTEST:
DWIGHT E. BROCK, Oierk
Attest as to Chairmann''S,;�
signature only.
Approved as to form and legality
Nid/C-at"),7)
Assistant County A tunxy
€41
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First Amendment to BOEM Negotiated Agreement No. OCS-G35160
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
Signature Pages
Michael A. Celata •' dy Solis,Chairman
Regional Director
Gulf of Mexico OCS Region Collier County Board of County Commissioners
Bureau of Ocean Energy Management
Department of the Interior
Date:
Date: NJA,w a3 D.DI
ATTEST:
BHT F. BROCK, : tip
Attest as to "
ssnatu>Fe �
Ap ved as io formY� and l .atity
to6
v Assistant County At rncy
CAO
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Extracts' 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-Energv-Minerals/Marine-Mineral-Proiects.aspx)and
associated amendments as found in Environmental Assessment for the Issuance of a
Negotiated Agreement for Use of Outer Continental Shelf Sand from Borrow Area TI in the
Collier County Beach Renourishment Project Appendix D:
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 140 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 I
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
must 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
1 Attachment 1 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.
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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 the BOEM and/or contractor deems relevant. This report
must be provided to NMFS's PRD at the address provided in RPM 1 above and notification of
take must be provided to NMFS at the following e-mail address within 24 hours,referencing the
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)"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 above)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(RPM 1).
2. Collier County must notify the 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 STSSN personnel,bear signs of potential draghead impingement or
entrainment. Information on any such strandings must be reported in writing within 30 days of
project end to BOEM,or included in the project report(Term and Condition# 1).
3. Collier County must 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(RPM 2).
4.Relocation trawling is required to commence 24 hours prior to dredging and will continue
throughout the dredging portion of the project.(RPM 3).
5. The following conditions must be observed during relocation trawling.(RPM 3):
a. Trawl Time:Trawl tow-time duration must not exceed 42 minutes(doors in—doors
out)and trawl speeds may not exceed 3.5 knots.
b.Handling During Trawling: Sea turtles and smalltooth sawfish captured pursuant to
relocation trawling must be handled in a manner designed to ensure their safety and viability,by
implementing the measures below.
c. Captured Turtle Holding Conditions: Captured turtles must 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 the USACE 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).
2 See March 22,2017 correspondence with Joe Cavanaugh of NMFS(EA Appendix D).
0
1 6 A l 1
d. Weight and Size Measurements: All turtles must 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 must be
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 must be flipper-tagged prior to
release with external tags which must be obtained prior to the project from the University of
Florida's Archie Carr Center for Sea Turtle Research.The NMFS 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)" 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 must 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 must
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 NMFS biological opinion entitled"Lease of Borrow Area Tl to the
Collier County Parks and Recreation Department for the Collier County Beach Renourishment
Project(Consultation Number SER-2012-9274)"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 must be kept no longer than
12 hours prior to release(except as noted in 5.c. above)and must be released not less than 3
nautical miles(nm)from the dredge site.Recaptured turtles must 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
must 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.
111)
1 6 A 11
g.Injuries and Incidental Take Quota: Any protected species injured or killed during or
as a consequence of relocation trawling will count toward the incidental take quota. Minor skin
abrasions resulting from trawl capture are considered non-injurious. Injured sea turtles must be
immediately transported by Collier County and/or its representative at their own expense to the
nearest sea turtle rehabilitation facility;all rehabilitation costs and sea turtle transportation costs
will be borne by Collier County.
h. CMTTP:External flipper tag and PIT-tag data generated and collected by relocation
trawlers must 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 must 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
NMFS 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)".Tissue samples must 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 must be submitted in electronic
format within 60 working days to Lisa.Belskis@noaa.gov.The NMFS 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)"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.
BOEM will notify NMFS beforehand if inflow screening is going to be reduced or eliminated,
and provide details of how effective overflow screening will be achieved.NMFS,in consultation
with the dredging company,Collier County,and BOEM/USACE,will determine what
constitutes effective overflow screening(RPM 4).
1 6 A 11
2. Collier County has further agreed to comply with 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)":
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.
The permittee must comply with the following protected species construction conditions:
a. The permittee must 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 must 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 must 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 must 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 must 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,must be
implemented to ensure its protection. These precautions 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 must 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 must 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.
CAO
1 6 Al_ l
3. And 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 Key West,Florida, up to one mile into rivers must 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,regional biological opinion to the[USACE]'s South Atlantic
Division(SAD).
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 is particularly important 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 [USACE]will 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 must ensure 50%
monitoring(i.e.,one observer).
c. Observers are not required at any time in Mississippi River-Southwest Pass
(MRSWP).
€-***)
1 6 A 11
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
appropriate [USACE] District 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 [USACE] 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@noaa.gov)if a sea turtle or Gulf sturgeon or any
other threatened or endangered species is taken by the dredge.
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 the [USACE], 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. 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[USACE] must 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 must include that dredging pumps be
disengaged by the operator when the dragheads are not firmly on the bottom,to prevent
SCA,)
16A11
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.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 must contain information on project location
(specific channel/area dredged), start-up and completion dates,cubic yards of material dredged,
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 the[USACE] 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 [USACE] or its designated
representative must notify the Sea Turtle Stranding and Salvage Network(STSSN) state
representative(contact information available at: http://vvww.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,the [USACE]must 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 must 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 limit.
11.Reporting-Strandings:Each[USACE]District must 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.
1 6 A 11
12.District Annual Relocation Trawling Report:Each [USACE] District must 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 must be conducted by NMFS approved
protected species observers. Relocation trawling must be undertaken by the[USACE] 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.
14. Relocation Trawling Waiver: For individual projects the affected[USACE]District
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 Limits: The NMFS 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)"
authorizes,without the need for an ESA section 10 permit:the annual (by fiscal year)non-
injurious take of 300 sea turtles(of one species or combination of species including Kemp's
ridley,loggerhead,green, leatherback, and hawksbill)and 8 Gulf sturgeon,and annual (by fiscal
year) lethal or injurious takes of up to 2 sea turtles and 1 Gulf sturgeon, by trawlers conducting
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 may not exceed 42 minutes(doors in—
doors out)and trawl speeds may not exceed 3.5 knots.
b.Handling During Trawling: Sea turtles and Gulf sturgeon captured pursuant to
relocation trawling must be handled in a manner designed to ensure their safety and
viability,and must 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
�a
16411
(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 must 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 must 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 must be measured
(standard carapace measurements including body depth),tagged,weighed,and a tissue
sample taken prior to release. When safely possible,all Gulf sturgeon must be measured
(fork length and total length),tagged,weighed,and a tissue sample taken prior to release.
Any external tags must 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 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 may be kept no
longer than 12 hours prior to release and must 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 must be released not less than 5(five)nmi away. If it can be
done safely and without injury to the turtle,turtles must 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 must 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 will 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
(CA. ,
16A11 .
considered non-injurious. Injured sea turtles must be immediately transported to the
nearest sea turtle rehabilitation facility.
h. Turtle Flipper External Tagging:All sea turtles captured by relocation trawling
must be flipper-tagged prior to release with external tags which must be obtained prior to
the project from the University of Florida's Archie Carr Center for Sea Turtle Research.
The NMFS 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)"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: The NMFS 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)"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 must 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:
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 the NMFS 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)"unless the observer
X401
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 must 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 must nevertheless be
externally flipper tagged. Sea turtle data collected(PIT tag scan data and external
tagging data)must 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 must be submitted in electronic format within 60
days of project completion to Lisa.Belskis@noaa.gov and Shervan.Epperly@noaa.gov.
Sea turtle external flipper tag and PIT tag data generated and collected by relocation
trawlers must also be submitted to the Cooperative Marine Turtle Tagging Program
(CM 1-1'P),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)must 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.nrofsser@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: The
NMFS 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)"serves as the permitting authority for any NMFS-approved protected
species observer 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)must be tissue-
sampled prior to release. Sampling must 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 must be taken in accordance with NMFS'Southeast Fisheries
Science Center's(SEFSC)procedures for sea turtle genetic analyses. The[USACE]must 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)must 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 [USACE]will 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 the NMFS 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)"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 [USACE]
Districts will 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 [USACE] is uncertain as to what
constitutes significance,it must 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 respective[USACE]Districts 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 will 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 will be involved both
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 must be limited to the minimal lighting necessary to comply
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with U.S. Coast Guard and/or OSHA requirements. All nonessential lighting on the dredge and
pumpout barge must 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.
S
1 6 A 1 1
First Amendment to BOEM Negotiated Agreement No.OCS-G35160
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
WHEREAS, on April 14, 2015, the Department of the Interior's Bureau of Ocean Energy
Management("BOEM")and Collier County, Florida(the "County")entered into a three(3)year
Negotiated Agreement No. OCS-G35160, a Lease that authorized the extraction of up to
500,000 cubic yards of Outer Continental Shelf ("OCS") sediment resources from Borrow
Area T-1 for the renourishment of beach along 7.5 miles (12.1 kilometers) of coastline between
Wiggins Pass and Gordon Pass, including Vanderbilt Beach, Pelican Bay, Park Shore, and
Naples Beach(hereinafter the"Project"); and
WHEREAS, the Lease between the parties will expire on April 14, 2018, three (3) years from
the date of the Lease's execution of April 14, 2015, and provides that the Lease will terminate or
expire upon the following occurring: (1) the County sending written notice to BOEM that the
County has received 500,000 cubic yards of OCS sand resources, or(2)three (3) years from the
date of execution of the 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. 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.
WHEREAS, on May 10, 2017,the County submitted a request to BOEM stating the County is
seeking a time extension of the Lease and on September 20,2017,due to impacts from Hurricane
Irma,requested a sand volume increase to a total of 1.7 million cubic yards;and
WHEREAS,the County's request is timely and BOEM seeks to enter into an extension of the
Lease with the County;and
THEREFORE,the Parties hereby agree to an extension of the Lease by entering into this First
Amendment to BOEM Negotiated Agreement No.OCS-G35160,as follows:
1. Title IV, Paragraph B of the Lease is replaced in its entirety with the following:
The Lease shall terminate or expire upon(1)the County sending written notice to the
Regional Supervisor, Office of Environment, Gulf of Mexico OCS Region, Bureau of
Ocean Energy Management, 1201 Elmwood Park Blvd., New Orleans, LA 70123,
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that the County has received sufficient OCS sand resources, up to 1.7 million cubic
yards, to complete the Project; (2) the expiration, termination, or revocation of any
Federal or State approval necessary for completion of the Project, including the U.S.
Army Corps of Engineers (USACE) Permit SAJ-2003-12405 (SP-MMB) and the
Florida Department of the Environment Consolidated Joint Coastal Permit and
Sovereign Submerged Lands Authorization Permit No. 0331817-001-JC,unless either
agency issues a new or superseding permit within seven (7) days; or (3) three
(3)years from the date of execution of this First Amendment to the Lease, whichever
occurs first. 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.
2. Title IV Paragraph C.2 is replaced in its entirety with the following:
Section 7 ESA Consultation
The USACE will serve as the lead Federal agency for Endangered Species Act(ESA)
Section 7 consultation concerning protected species under the purview of the U.S.
Fish and Wildlife Service (USFWS). BOEM will serve as the lead Federal agency
for ESA Section 7 consultation concerning the National Marine Fisheries Service's
(NMFS) Biological Opinion and amendments (dated August 13, 2013, available
online at http://www.boem.gov/Collier-County-BO/ and Appendix D in the 2017
Environmental Assessment). For all activities undertaken pursuant to the Project,
Collier County agrees to implement all terms, conditions, and recommendations in
the NMFS Biological Opinion and subsequent amendments, which are incorporated
by reference as terms and conditions of the Lease (extracts of which are provided for
your reference in Attachment 1 to the extent the extracts or this Lease differ from or
conflict with the Biological Opinion, the Biological Opinion governs). The County
must instruct its contractor(s) to implement the 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 must notify BOEM prior to conducting the activity, and the
County will be required to provide an NMFS-approved, third-party contractor to
perform the inspection.
The County will work with BOEM prior to the start of dredging to enact a
communication plan to ensure ESA compliance. In the case of any collision with or
injury of a threatened or endangered species, including but not limited to sea turtles,
Collier County and/or its contractor(s) must immediately contact NMFS's Protected
Resources Division (727-824-5312, fax 727-824-5309, or electronic mail
takereport.nmfsserAnoaa.gov), the local authorized sea turtle stranding/rescue
organization (provided online at http://www.sefsc.noaa.gov/species/turtles/
strandings.htm), and BOEM (dredgeinfoAboem.gov and pre-determined contact
person). Any protected species injured or killed during or as a consequence of
relocation trawling or dredge operations will count toward the incidental take quota.
The County must implement relocation trawling 24 hours prior to dredging and will
continue throughout the dredging portion of the project. Any non-lethal turtle
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relocations will be immediately reported to BOEM. Within 24 hours,the County(or
its contractor) must submit the Observer Report with complete information regarding
each turtle relocated (i.e., size, weight, and sex, if possible) as well as photos of the
turtle and thorough information on any bycatch.
If a turtle is non-lethally relocated, the turtle must be thoroughly scanned for the
presence of Passive Integrated Transponder(PIT) tags prior to release(see conditions
in the Biological Opinion). If a turtle does not have an existing PIT Tag the turtle
wilt be PIT tagged by an approved observer. The PIT tagging may only be conducted
by observers with PIT-tagging training or experience. See Attachment 1 for
additional NMFS Biological Opinion requirements.
Collier 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 Collier
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 in the sole discretion of
BOEM. Depending on the results of an assessment of the take or reinitiated
consultation, BOEM in its sole discretion may lift the suspension, revoke and
terminate the Lease, negotiate with Collier County an amendment to the existing
Lease, or enter into a new lease with additional terms and conditions to protect
threatened or endangered species. Collier 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. Title IV, Paragraph C.3 is replaced in its entirety with the following:
Environmental Responsibilities and Environmental Compliance
BOEM must ensure that the project complies with all other applicable environmental
laws including, but not limited to, the Endangered Species Act, The Magnuson-
Stevens Fishery Conservation and Management Act, National Historic Preservation
Act, and Coastal Zone Management Act. Collier County agrees to include in its
Construction Solicitation and Specifications Plan and implement all proposed
avoidance and minimization measures identified and analyzed in the underlying
National Environmental Policy Act documents related to this project (see
Environmental Assessment for the Issuance of a Negotiated Agreement for Use of
Outer Continental Shelf Sand from Borrow Area TI in the Collier County Beach
Renourishment Project (October 2017), which is available at http://www.boem.gov/
CoIli er-C o unty-EA-Attac h ments/).
The County will instruct its contractor(s) to implement the mitigation terms,
conditions and measures as required by NMFS, USFWS, Florida Department of
Environmental Protection, and BOEM pursuant to applicable Federal and State laws
and regulations prior to commencement of activities authorized under this Lease,
3
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including extraction, transportation, and placement of sand resources from Borrow
Area T-1. The required mitigation terms, conditions, and measures are reflected in
the relevant Biological Opinions, Conservation Recommendations, Consistency
Determinations, and the Joint Coastal Permit(JCP). Electronic copies of all relevant
correspondence, monitoring data, and reports related to the activities covered by this
Memorandum of Agreement will be provided electronically to BOEM within 14 days
of issuance(including observer, Florida Department of Environmental Protection,and
dredging reports). Construction may not commence until the pre-construction
requirements have been completed.
4. Title IV Paragraph C.5 is replaced in its entirety with the following:
Dredge Positioning
During all phases of the Project, Collier 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(10 feet). The GPS must be installed as close to the
cutterhead or draghead as practicable or must use appropriate instrumentation to
accurately represent the position of the hydraulic dredge. During dredging
operations, Collier County and/or its agents will immediately notify BOEM
electronically if dredging occurs outside of the approved borrow area. Such
notification will be made as soon as possible after the time the County becomes aware
of dredging 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 is an immediate concern
of safety,navigation risk,or emergency situation.
Collier County and/or its agents, in collaboration with the USACE, will provide
BOEM, electronically, with all appropriate Dredging Quality Management (DQM)
data (incorrectly identified in NMFS' Biological Opinion as Silent Inspector data)
acquired during the Project using procedures jointly developed by the USACE's
National Dredging Quality Management Data Program Support Center and BOEM.
Collier County will submit the DQM data, including draghead depth, biweekly. A
summary DQM dataset will be submitted within 90 days of completion of the Project.
If the County and its contractor(s) elect to utilize a cutterhead dredge, cutterhead
depth will be reported biweekly. If available, Collier County will also submit
Automatic Identification System data for vessels qualifying under the International
Maritime Organization's International Convention for the Safety of Life at Sea.
5. Title IV,Paragraph C.9 of the Lease is replaced in its entirety with the following:
Bathymetric Surveys
The County will provide BOEM with pre- and post-dredging bathymetric surveys of
the borrow area. The pre-dredging survey of the Borrow Area will be conducted
within 60 days prior to dredging, and the data will be provided to BOEM for review,
allowing for a minimum of seven(7)working days for BOEM to provide concurrence
4
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16A11
prior to the commencement of dredging. A qualified hydrographic surveyor,
independent from the dredging/construction contractor must conduct, oversee, and
approve the survey before transmitting to BOEM. The post-dredging survey of the
borrow area will be conducted within 60 days after the completion of dredging.
BOEM recommends that the County conduct additional bathymetric surveys of the
Borrow Area one(1)and three(3)years after the completion of dredging to document
borrow area evolution and provide information to inform future decisions and
consultations regarding use of OCS sand resources. Surveys, error analysis, and
reporting will be performed in accordance with the most recent edition of National
Oceanic and Atmospheric Administration's Office of Coast Survey Hydrographic
Survey Field Procedure Manual. Survey standards and requirements are specified
and can be found on the Coast Survey Document Library
(https://www.nauticalcharts.noaa.gov/publ ications/docs/standards-and-
requirements/specs/hssd-20I7.pdf). For bathymetric surveys, 100 percent coverage
using multi-beam bathymetric survey methods is required. All bathymetric data will
be roll, pitch, heave, and tide corrected using best practices. Sound velocity
corrections will be applied based on measurements made during and throughout the
duration of the survey using a profiling sound velocity meter to obtain water-column
sound velocities with casts that log the entire water column to the seafloor. Survey
lines of the specific dredge area will be established at intervals necessary to provide
100 percent coverage. All survey lines will extend at least 100 meters (328 feet)
beyond the edge of the Borrow Area limits as defined in this Lease. All data will be
collected in such a manner that post-dredging bathymetric surveys are compatible
with the pre-dredging bathymetric survey data to enable the latter to be subtracted
from the former to calculate the volume of sand removed,the shape of the excavation,
and the nature of post-dredging bathymetric change. Pre-dredge bathymetric survey
transects will be reoccupied during the post-dredging surveys. Surveys will be
conducted using kinematic GPS referenced to a GPS base station occupying an
established (NAVD 88 vertical control) monument within 15 kilometers (9 miles) of
the survey area,a National Geodetic Survey real-time network, or a water-level gauge
deployed within the vicinity of the Borrow Area and referenced to an established
monument (NAVD 88 vertical control), unless alternative methods are approved by
BOEM. Pre- and post-dredging surveys will be referenced to the same water-level
gauge, tide gauge, real-time network, benchmark, or BOEM-approved method. An
uncertainty or error analysis will be conducted on the bathymetric dataset based on
calculated differences of measured elevations (depths) at all transect crossings (also
note that other best practices typically employed to identify potential error or quantify
uncertainty, such as daily bar-checks, will be conducted and documented). Methods
and results of the uncertainty analysis report, field notes, and metadata must be
submitted to BOEM with the processed bathymetric data products.
Copies of processed pre- and post-dredging hydrographic data will be submitted to
BOEM via dredgeinfo(a)boem.gov within 30 days after each survey is completed.
Pre-dredging bathymetric survey results and attendant products must be provided to
BOEM for approval, and BOEM must review and deem them acceptable prior to
commencement of dredging activity. If data accuracy, coverage, quality, or other
parameters for either pre- or post-dredging surveys are not sufficient to provide for
5
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16A11
accurate comparisons between the pre- and post-dredge surveys (e.g., do not meet
specifications and standards discussed or referenced above), BOEM may require that
a new survey(at the pre-and/or post-dredge phase)be conducted.
The delivery format for bathymetry data submission is an ASCII file containing x, y,
z data and a digital elevation model in a format agreed upon between BOEM and the
County in writing. The horizontal data will be provided in the NAD83 Florida State
Plane East, U.S. survey feet. Vertical data will be provided in the NAVD 88, U.S.
survey feet unless otherwise specified. An 8.5 x 11 inch plan view plot of the
pre-and post-construction data will be provided showing the survey vessel navigation
tracks, as well as contour lines at appropriate elevation intervals. A plot of the digital
elevation model will also be provided. These plots will be provided in Adobe PDF
format. Images and descriptions of side-scan sonar or bathymetric anomaly targets
will be included and identified on an index map.
6. Title IV, Paragraph C.11 of the Lease is replaced in its entirety with the following:
Project Completion Report
A project completion report will be submitted by Collier County to BOEM within
120 days following completion of the activities authorized under this Lease. This
report and supporting materials should be sent in writing and electronically. The
report will contain,at a minimum,the following information:
• the names and titles of the project managers overseeing the effort (for Collier
County,the engineering firm [if applicable],and the contractor), including contact
information (i.e.,phone numbers,mailing addresses,and email addresses);
• the location and description of the project, including 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);
• the percentage of shell and rock material screened from the borrow area, if
screening and disposal are necessary;
• the DQM data, in ASCII files, containing the x, y, z and time stamp of the
cutterhead or drag arm locations;
• a narrative describing the final, as-built features, boundaries, and acreage,
including the restored beach width and length;
• 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 narrative and any appropriate tables describing any environmental surveys or
efforts associated with the project and costs associated with these surveys or
efforts;
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• a table(an example of which is illustrated below)showing the various key project
cost elements;
Cost Incurred as of Construction Completion(S)
Construction
Engineering and Design
Pre-and Post-Dredging
Bathymetric Surveys
Compilation of Project
Completion Report
Total
• a table showing the various phases of the project construction, the types of
construction equipment used,and the nature of their use;
• a table listing significant construction dates beginning with bid opening and
ending with final acceptance of the project by the County;
• digital appendices containing the as-built surveys, beach-fill cross-sections, and
survey data;
• any additional pertinent comments;
• a table (an example of which is illustrated below) showing the various items of
work construction, final quantities,and monetary amounts;
Item Estimated Unit Estimated Final Bid Final
No. Item Quantity Unit price Amount Unit Over/
Q tY Quantity Price Amount Under
I Mobilization
and
Demobilization
2 Beach Fill
3 Any Beach or
Offshore Hard
Structure
Placed or
Removed
• a listing of construction and construction oversight information, including the
prime and subcontractors,contract costs,etc.;and
• a list of all major equipment used to construct the project.
7. Title IV,Paragraph C.16 of the Lease is replaced in its entirety with the following:
To Collier County:
Leo E. Ochs,Jr.
County Manager
Collier County Government
3299 Tamiami Trail East,Suite 202
Naples, FL 34112-5746
7
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Gary McAlpin
Manager, Coastal Zone Management
Collier County Government
2685 S.Horseshoe Drive,Unit 103
Naples,FL 34104
To BOEM:
Bridgette Duplantis
Marine Minerals Program
Bureau of Ocean Energy Management
1201 Elmwood Park Blvd.
Mail Stop GM 626C
New Orleans, LA 70123
All electronic notifications, submissions,and deliverables to BOEM should be sent to
dredgeinfo(aiboem.gov and Bridgette.Duplantis(aboem.gov.
8. The following is added as Title IV, Paragraph C.18:
Borrow Area Disposal
Collier County will ensure that no rock or shell material is redeposited in Borrow
Area T-l. Prior to construction, the County and its contractor(s) must disclose to
BOEM how any shell/rock is going to be collected and disposed of in order to ensure
the collection does not inhibit the ability of the Protected Species Observers to
monitor the dredge inflow. All rock and shell material screened out during operations
on the OCS will be appropriately disposed of in the approved "Rock Disposal Area"
found on the USACE Permit drawings (Environmental Assessment,Appendix E) and
2017 Environmental Assessment Figure 3 per the conditions of any applicable
Federal and/or State permits or by another method approved by BOEM (e.g.,
screening at the beach pumpout).
9. In the event of a conflict between the provisions set forth in this First Amendment
and the Lease,this First Amendment shall prevail.
10. This Amendment may be executed in two(2)or more counterparts,each of which
shall be deemed to be an original. The signatures on this Amendment may be
executed on separate pages and all of which together shall constitute one and the
same agreement.
[SIGNATURE PAGES FOLLOW]
8
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16A11
First Amendment to BOEM Negotiated Agreement No. OCS-G35160
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
Signature Pages
. -)4t•G6rcaist--614-
Michael A. Celata olis, Chairman
Regional Director
Gulf of Mexico OCS Region Collier County Board of County Commissioners
Bureau of Ocean Energy Management
Department of the Interior
Date: ��q-k %.t'�•% 2 f Zc `
Date: JilAk• a3 ;Di g
ATTF.ST:
DWIGHT E. BROCK, Clerk
Ey: (MAAA #,u..44( e
Attest as to Chairman's
signature only.
Approved as to form and legality
000-6v)ViklAA
Assistant County A tunley
I
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16A11
Extracts' of ESA Section 7 Conditions per NMFS Biolot'ical Opinion dated August 13,2013
Conditions written for BOEM 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)"
(http://www.boem.eov/Non-Enerev-Minerals/Marine-Mineral-Proiects.aspx)and
associated amendments as found in Environmental Assessment for the Issuance of a
Negotiated Agreement for Use of Outer Continental Shelf Sand from Borrow Area TI in the
Collier County Beach Renourishment Project Appendix D:
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 140 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
must 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
1 Attachment 1 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.
C9U
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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 the BOEM and/or contractor deems relevant. This report
must be provided to NMFS's PRD at the address provided in RPM 1 above and notification of
take must be provided to NMFS at the following e-mail address within 24 hours,referencing the
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)"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 I above)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(RPM I).
2. Collier County must notify the 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 STSSN personnel, bear signs of potential draghead impingement or
entrainment. Information on any such strandings must be reported in writing within 30 days of
project end to BOEM,or included in the project report(Term and Condition # I).
3. Collier County must 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(RPM 2).
4. Relocation trawling is required to commence 24 hours prior to dredging and will continue
throughout the dredging portion of the project. (RPM 3).
5. The following conditions must be observed during relocation trawling.(RPM 3):
a. Trawl Time:Trawl tow-time duration must not exceed 42 minutes(doors in—doors
out)and trawl speeds may not exceed 3.5 knots.
b. Handling During Trawling: Sea turtles and smalltooth sawfish captured pursuant to
relocation trawling must be handled in a manner designed to ensure their safety and viability,by
implementing the measures below.
c. Captured Turtle Holding Conditions: Captured turtles must 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 the USACE 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).
2 See March 22,2017 correspondence with Joe Cavanaugh of NMFS(EA Appendix D).
S
16 All
d. Weight and Size Measurements: All turtles must 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 must be
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 must be flipper-tagged prior to
release with external tags which must be obtained prior to the project from the University of
Florida's Archie Carr Center for Sea Turtle Research.The NMFS 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)" 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 must 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 must
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 NMFS 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)"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 must be kept no longer than
12 hours prior to release(except as noted in 5.c. above)and must be released not less than 3
nautical miles(nm) from the dredge site. Recaptured turtles must 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
must 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.
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g.Injuries and Incidental Take Quota: Any protected species injured or killed during or
as a consequence of relocation trawling will count toward the incidental take quota. Minor skin
abrasions resulting from trawl capture are considered non-injurious. Injured sea turtles must be
immediately transported by Collier County and/or its representative at their own expense to the
nearest sea turtle rehabilitation facility; all rehabilitation costs and sea turtle transportation costs
will be borne by Collier County.
h. CMT7'P:External flipper tag and PIT-tag data generated and collected by relocation
trawlers must also be submitted to the Cooperative Marine Turtle Tagging Program(CMTTP),
on the appropriate CMTTP form,at the University of Florida's Archie Can Center for Sea Turtle
Research.
i. Tissue Sampling:All live or dead sea turtles captured by relocation trawling or
dredging must 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
NMFS 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)". Tissue samples must 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 must be submitted in electronic
format within 60 working days to Lisa.Belskis@noaa.gov. The NMFS biological opinion entitled
"Lease of Borrow Area T I to the Collier County Parks and Recreation Department for the
Collier County Beach Renourishment Project(Consultation Number SER-2012-9274)"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.
BOEM will notify NMFS beforehand if inflow screening is going to be reduced or eliminated,
and provide details of how effective overflow screening will be achieved.NMFS, in consultation
with the dredging company, Collier County,and BOEM/USACE,will determine what
constitutes effective overflow screening(RPM 4).
C4
16A1i
2. Collier County has further agreed to comply with 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)":
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.
The permittee must comply with the following protected species construction conditions:
a. The permittee must 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 must 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 must 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 must 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 must 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,must be
implemented to ensure its protection. These precautions 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 must 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 must 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.
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3. And 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 must 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,regional biological opinion to the[USACE]'s South Atlantic
Division(SAD).
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 is particularly important 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 [USACE) will 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 must ensure 50%
monitoring(i.e.,one observer).
c. Observers are not required at any time in Mississippi River-Southwest Pass
(MRSWP).
CAS,
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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
appropriate [USACE] District 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 [USACE] 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@noaa.gov)if a sea turtle or Gulf sturgeon or any
other threatened or endangered species is taken by the dredge.
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 the [USACE], 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 I2-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 [USACE] must 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 must include that dredging pumps be
disengaged by the operator when the dragheads are not firmly on the bottom,to prevent
['CAQ
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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.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 must contain information on project location
(specific channel/area dredged),start-up and completion dates,cubic yards of material dredged,
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 the[USACE] 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 [USACE] or its designated
representative must 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,the [USACE]must 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 must 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 limit.
11. Reporting-Strandings:Each [USACE]District must 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.
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12. District Annual Relocation Trawling Report: Each [USACE] District must 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 must be conducted by NMFS approved
protected species observers. Relocation trawling must be undertaken by the [USACE] at all
projects where my 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.
14. Relocation Trawling Waiver: For individual projects the affected[USACE] District
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 Limits:The NMFS 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)"
authorizes,without the need for an ESA section 10 permit:the annual(by fiscal year)non-
injurious take of 300 sea turtles(of one species or combination of species including Kemp's
ridley, loggerhead, green, leatherback,and hawksbill)and 8 Gulf sturgeon,and annual(by fiscal
year) lethal or injurious takes of up to 2 sea turtles and 1 Gulf sturgeon,by trawlers conducting
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 may not exceed 42 minutes(doors in—
doors out)and trawl speeds may not exceed 3.5 knots.
b. Handling During Trawling: Sea turtles and Gulf sturgeon captured pursuant to
relocation trawling must be handled in a manner designed to ensure their safety and
viability,and must 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
ICAO
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(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 must be kept moist,and shaded whenever
possible, until they are released,according to the requirements of Terms and Conditions
(T&C) I 5-e, below. Captured Gulf sturgeon must 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 must be measured
(standard carapace measurements including body depth),tagged,weighed, and a tissue
sample taken prior to release. When safely possible,all Gulf sturgeon must be measured
(fork length and total length),tagged, weighed,and a tissue sample taken prior to release.
Any external tags must 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 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 may be kept no
longer than 12 hours prior to release and must 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 must be released not less than 5(five)nmi away. If it can be
done safely and without injury to the turtle,turtles must 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 must 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 will 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
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considered non-injurious. Injured sea turtles must be immediately transported to the
nearest sea turtle rehabilitation facility.
h. Turtle Flipper External Tagging:All sea turtles captured by relocation trawling
must be flipper-tagged prior to release with external tags which must be obtained prior to
the project from the University of Florida's Archie Carr Center for Sea Turtle Research.
The NMFS 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)"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: The NMFS 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)"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 must 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 Centers 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:
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 the NMFS 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)"unless the observer
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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 must 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 must nevertheless be
externally flipper tagged. Sea turtle data collected(PIT tag scan data and external
tagging data)must 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 must be submitted in electronic format within 60
days of project completion to Lisa.Belskis@,noaa.gov and Sheryan.Epperly@noaagov.
Sea turtle external flipper tag and PIT tag data generated and collected by relocation
trawlers must 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)must 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 fibropapil 1 oma 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: The
NMFS 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)"serves as the permitting authority for any NMFS-approved protected
species observer 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)must be tissue-
sampled prior to release. Sampling must 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-
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population identity of sea turtles and Gulf sturgeon being captured or lethally taken,to improve
the effectiveness of future consultations.
Sea turtle tissue samples must be taken in accordance with NMFS'Southeast Fisheries
Science Center's(SEFSC)procedures for sea turtle genetic analyses. The [USACE] must 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.,fm clips or barbel clips)must 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 [USACE] will 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 the NMFS biological opinion entitled"Lease of
Borrow Area Tl to the Collier County Parks and Recreation Department for the Collier County
Beach Renourishment Project(Consultation Number SER-2012-9274)"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[USACE]
Districts will 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 [USACE] is uncertain as to what
constitutes significance,it must 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 respective[USACE] Districts 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 will 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 will be involved both
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 must be limited to the minimal lighting necessary to comply
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with U.S. Coast Guard and/or OSHA requirements. All nonessential lighting on the dredge and
pumpout barge must 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.
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