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Okaloosa County BOCC — December 18, 2012 — reading text

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below to request a waiver of the tilling requirement. During tilling, at a minimum, the protocol provided below shall be followed: a. The area shall be tilled to a depth of 36 inches. All tilling activity must be completed prior to April 15. Each pass of the tilling equipment shall be overlapped to allow more thorough and even tilling. Tilling should occur landward of the wrack line and avoid all vegetated areas 3 square feet or greater with a 3 foot buffer around the vegetated areas. b. An annual summary of compaction surveys and the actions taken shall be submitted to the FWC. c. If the project is completed just before the nesting season, tilling shall not occur in areas where nests have been left in place or relocated unless authorized by the USFWS in an Incidental Take Statement. d. This condition shall be evaluated annually and may be modified if necessary to address sand compaction problems identified during the previous year. e. To request a waiver of the tilling requirement, the Permittee may measure sand compaction in the area of restoration in accordance with a protocol agreed to by the FWC, the Department, the USFWS, and the Permittee to determine if tilling is necessary. 21. Escarpment Surveys. Visual surveys for escarpments along the beach fill area shall be made immediately after completion of the beach restoration project and between March 1 and April 15 for the following three years if placed sand still remains on the beach. All scarps shall be leveled or the beach profile shall be reconfigured to minimize scarp formation. In addition, weekly surveys of the project area shall be conducted during the two nesting seasons following completion of fill placement as follows: a. The number of escarpments and their location relative to DNR-DEP reference monuments shall be recorded during each weekly survey and reported relative to the length of the beach surveyed (e.g., 50% scarps). Notations on the height of Packet Pg. 455 8.5.a.a Joint Coastal Permit Western Destin Beach Restoration Permit No. 0286575-001-JC Page 15 of 26 these escarpments shall be included (0 to 2 feet, 2 to 4 feet, and 4 feet or higher) as well as the maximum height of all escarpments. Attachment: Request for Bids (1264 : Approval of Bid - Dune Planting Projects (Okaloosa Island & Western Destin)) b. Escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet shall be leveled to the natural beach contour by April 15. Any escarpment removal shall be reported relative to R-monument. c. If weekly surveys during the marine turtle nesting season document subsequent reformation of escarpments that exceed 18 inches in height for a distance of 100 feet, the FWC shall be contacted immediately to determine the appropriate action to be taken. Upon written notification, the Permittee shall level escarpments in accordance with mechanical methods prescribed by the FWC. 22. Lighting Surveys. A survey of all artificial lighting visible from the project beach shall be conducted after the beach restoration project. The surveys shall document all lighting visible from the post-project restored beach. The post-project survey shall be conducted by May 15 following the project work and again by June 15, July 15, August 15, and September 15 of that nesting season. For each light source visible, it must be documented that the property owner(s) have been notified of the problem light with recommendations for correcting the light. Recommendations must be in accordance with the Florida Model Lighting Ordinance for Marine Turtle Protection, F.A.C. 62B-55. A summary report of each survey including documentation of property owner notification shall be submitted to the USFWS Panama City Florida field office by the 1st of the following month; and a final summary report provided by December 15 of that year. After the final report is completed, a meeting must be set up with the USFWS to discuss the survey report and documented sea turtle disorientations. 23. Dune Planting. Planting of dune vegetation may occur during the sea turtle nesting season under the following conditions: a. No dune planting activity shall occur until after the daily turtle survey and nest conservation and protection efforts have been completed. b. Any nests deposited in the dune planting area not requiring relocation for conservation purposes shall be left in situ. No planting or other activity shall occur within this area, nor will any activities occur which could result in impacts to the nest. Nest sites shall be inspected daily to assure nest markers remain in place and the nest has not been disturbed by the planting activity. c. If a nest is disturbed or uncovered during planting activity, the contractor, Permittee, or the Permittee's contractors shall cease all work and immediately contact the responsible turtle permit holder. If a nest(s) cannot be safely avoided during planting, all activity within the affected project site shall be delayed until hatching and emerging success monitoring of the nest is completed. Packet Pg. 456 8.5.a.a Joint Coastal Permit Western Destin Beach Restoration Permit No. 0286575-001-JC Page 16 of 26 d. All dune planting activities shall be conducted by hand and only during daylight Attachment: Request for Bids (1264 : Approval of Bid - Dune Planting Projects (Okaloosa Island & Western Destin)) hours. e. All dune vegetation (refer to Specific Condition No. 10 for additional details) shall consist of coastal dune species native to the local area. Seedlings shall be at least 1 inch by 1 inch with a 2.5-inch pot. Vegetation shall be planted with an appropriate amount of fertilizer and anti-desiccant material for the plant size. f. No use of heavy equipment (trucks) shall occur on the dunes or seaward for planting purposes. A lightweight (ATV type) vehicle with tire pressures of 10 psi or less may be operated on the beach. 24. Marine Turtle or Nest Encounters. Upon locating a dead, injured, or sick endangered or threatened sea turtle specimen, initial notification must be made to the FWC at 1-888- 404-FWCC. Care should be taken in handling sick or injured specimens to ensure effective treatment and care and in handling dead specimens to preserve biological materials in the best possible state for later analysis of cause of death. In conjunction with the care of sick or injured endangered or threatened species or preservation of biological materials from a dead animal, the finder has the responsibility to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed. In the event a sea turtle nest is excavated during construction activities, all work shall cease in that area immediately and the permitted person responsible for egg relocation for the project should be notified so the eggs can be moved to a suitable relocation site. Shorebird Protection Conditions 25. Shorebird Surveys. Shorebird surveys should be conducted by trained, dedicated individuals (Shorebird Monitor) with proven shorebird identification skills and avian survey experience. Credentials of the Shorebird Monitor will be submitted to the FWC Regional Biologist for review and approval. Shorebird Monitors will use the following survey protocols: a. Nesting Season Surveys. Shorebird Monitors should review and become familiar with the general information and data collection protocols outlined on the FWC’s Beach-Nesting Bird Website (http://myfwc.com/shorebirds/ ). An outline of what data should be collected, including downloadable field data sheets, is available on the website. i. The nesting season is generally 1 April – 1 September, but some nesting may occur through September. In addition, the imperiled snowy plover (Charadrius alexandrinus) may nest as early as February along the west coast and panhandle of Florida. Packet Pg. 457 8.5.a.a Joint Coastal Permit Western Destin Beach Restoration Permit No. 0286575-001-JC Page 17 of 26 ii. Nesting season surveys shall begin on April 1 (or February 15 in snowy plover habitat) or 10 days prior to project commencement (including Attachment: Request for Bids (1264 : Approval of Bid - Dune Planting Projects (Okaloosa Island & Western Destin)) surveying activities and other pre-construction presence on the beach), whichever is later, and be conducted daily throughout the construction period or through August, whichever is earlier. Weekly surveys of the project site shall continue through August or through fledgling or loss of identified nests or hatchlings, whichever is later. iii. Nesting season surveys shall be conducted in all potential beach-nesting bird habitat within the project boundaries that may be impacted by construction or pre-construction activities during the nesting season. Portions of the project in which there is no potential for project-related activity during the nesting season may be excluded. iv. Surveys for detecting new nesting activity will be completed on a daily basis prior to movement of equipment, operation of vehicles, or other activities that could potentially disrupt nesting behavior or cause harm to the birds or their eggs or young. v. Surveys should be conducted by traversing the length of the project area and visually inspecting, using binoculars or spotting scope, for the presence of shorebirds exhibiting breeding behavior. vi. If an ATV or other vehicle is needed to cover large project areas, the vehicle must be operated at a speed <6 mph, shall be run at or below the high-tide line, and the

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