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HomeMy Public PortalAbout2008-35 Agreement with CSA International, IncRESOLUTION NO. 2008-35 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CSA INTERNATIONAL, INC. AND THE VILLAGE OF KEY BISCAYNE CONCERNING SEAGRASS RESTORATION AND MITIGATION SERVICES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne desires to retain the services of CSA International, Inc. ("CSA") to perform seagrass restoration and mitigation services in accordance with that certain plan entitled "Seagrass Restoration and Mitigation Plan: Village of Key Biscayne" and dated July 2008; and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that the Village Council is authorized to waive competitive bidding for the proposed work pursuant to Section 2-85 of the Village Code, upon the Village Council hereby finding that it is impractical to apply competitive bidding procedures in light of the need to expeditiously proceed with the work; and WHEREAS, the Village Council finds that the attached approval of the Agreement for Professional Services between CSA and the Village (the "Agreement") is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Authorization. That the Agreement is hereby approved and the Village Manager is authorized to execute the Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency. Section 3. Implementation. That the Village Manager is hereby authorized to take any necessary action to implement the purposes of this resolution and the Agreement. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 8th day of July, 2008. AT 4 Yea"' CHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS T C FORM AND LEGAL SUFFICIENCY: n VILLAGE AT ORN ' Y MAYOR ROBERT L. VERNON C:\OFFICE\WPWIN\RESO\2408` esolution Approving CSA Intl - Seagrass Restoration and Mitigation.rtf PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND CSA INTERNATIONAL, INC. THIS AGREEMENT (this "Agreement") is made effective as of the 11 day of , 2008 (the "Effective Date"), by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation (hereinafter the "Village"), and CSA INTERNATIONAL, INC., a Florida corporation (hereinafter the "Consultant"). WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a scope of services, schedule, and fee for certain seagrass restoration services within the Biscayne Bay Aquatic Preserve (the "Project"); and WHEREAS, the Village desires to engage the Consultant to perform the services and provide the deliverables as specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Consultant and the Village agree as follows: 1. Scope of Services. 1.1. The Consultant shall furnish such professional services and provide deliverables (the "Services") as described in the Seagrass Restoration and Mitigation Plan attached hereto and made a part hereof as Exhibit "A" (the "Plan") and the proposal attached hereto and made a part hereof as Exhibit "B" (the "Proposal"). 2. Term/Commencement Date. 2.1 This Agreement shall become effective upon the Effective Date and shall remain in effect until Consultant completes the Services described herein, which Services are scheduled to be complete on October 15, 2008, unless earlier terminated in accordance with Paragraph 8. 2.2 Consultant agrees that time is of the essence and Consultant shall complete the Services within the timeframes set forth in the Plan and the Proposal, unless extended by the Village Manager. 3. Compensation and Payment. 3.1 Compensation for Services provided by Consultant shall be in accordance with the following fee schedule: 1 Task 1— Seagrass Donor Site Survey Task 2 — Seagrass Restoration and Mitigation Task 3 — Offshore Site Restoration Task 4 — Baseline (Time Zero) Monitoring Survey $31,192 $450,130 $34,503 $37,504 3.2 Consultant shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each month, pursuant to Consultant's invoice, which shall be based upon the percentage of work completed for each task invoiced. The Village shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the Village Manager. 4. Subconsultants. 4.1 The Consultant shall be responsible for all payments to any subconsultants and shall maintain responsibility for all work related to the Project. 4.2 Consultant may only utilize the services of a particular subconsultant with the prior written approval of the Village Manager, which approval may be granted or withheld in Village Manager's sole discretion. 5 Village's Responsibilities 5.1 Village shall make available any maps, plans, existing studies, reports and other data pertinent to the Services and in possession of the Village. 5.2 Upon Consultant's request, Village shall reasonably cooperate in arranging for access to any real property as required for Consultant to perform the Services. 6. Consultant's Responsibilities 6.1 The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services for the Project as is ordinarily provided by a consultant under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of the Project, it is determined that the Consultant's deliverables or services are incorrect, not properly rendered, defective, or fail to conform to the Services for the Project, upon written notification from the Village Manager, the Consultant shall at Consultant's sole expense, immediately correct the work. 6.2 The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local 2 laws applicable to and necessary to perform the Services for Village as an independent contractor of the Village. 7 Conflict of Interest. 7.1 To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any adversarial issues in the Village. For the purposes of this section "adversarial" shall mean any development application where staff is recommending denial or denied an application, or an administrative appeal or court action wherein the Village is a party. 8. Termination. 8.1 The Village Manager, without cause, may terminate this Agreement upon thirty (30) days written notice to the Consultant. The Village Manager, with cause, may terminate this Agreement upon Consultant's failure to cure such cause within thirty (30) days after written notice was received. 8.2 Upon receipt of the Village's written notice of termination, Consultant shall immediately stop work on the Project unless directed otherwise by the Village Manager. 8.3 In the event of termination by the Village, the Consultant shall be paid for all work accepted by the Village Manager up to the date of termination, provided that the Consultant has first complied with the provisions of Paragraph 8.4. 8.4 The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the Project to the Village, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1 Consultant shall secure and maintain throughout the duration of this Agreement, insurance of such type and in such amounts necessary to protect its interest and the interest of the Village against hazards or risks of loss as specified below. The underwriter of such insurance shall be qualified to do business in Florida, be rated AB or better, and have agents upon whom service of process may be made in the State of Florida. The insurance coverage shall be primary insurance with respect to the Village, its officials, employees, agents and volunteers. Any insurance maintained by the Village shall be in excess of the Consultant's insurance and shall 3 not contribute to the Consultant's insurance. The insurance coverages shall include a minimum of the amounts set forth in this Section 9. 9.2 Worker's Compensation and Employer's Liability Insurance. Coverage to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $500,000.00 each accident. 9.3 Comprehensive Automobile and Vehicle Liability Insurance. This insurance shall be written in comprehensive form and shall protect the Consultant and the Village against claims for injuries to members of the public and/or damages to property of others arising from the Consultant's use of motor vehicles or any other equipment and shall cover operation with respect to onsite and offsite operations and insurance coverage shall extend to any motor vehicles or other equipment irrespective of whether the same is owned, non -owned, or hired. The limit of liability shall not be less than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Business Automobile Liability Policy, without restrictive endorsement, as filed by the Insurance Services Office. 9.4 Commercial General Liability. This insurance shall be written in comprehensive form and shall protect the Consultant and the Village against claims arising from injuries to members of the public or damage to property of others arising out of any act or omission to act of the Consultant or any of its agents, employees, or subcontractors. The limit of liability shall not be less than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (1) Premises and/or Operations; (2) Independent contractors and Products and/or completed Operations; (3) Broad Form Property Damage, Personal Injury and a Contractual Liability Endorsement, including any hold harmless and/or indemnification agreement. 9.5 Certificate of Insurance. Consultant shall provide the Village Manager with Certificates of Insurance for all required policies. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The Village reserves the right to require the Consultant to provide a certified copy of such policies, upon written request by the Village. If a policy is due to expire prior to the completion of the Services, renewal Certificates of Insurance or policies shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village Manager. 9.6 Additional Insured. The Village is to be specifically included as an Additional Insured for the liability of the Village resulting from operations performed by or on behalf of Consultant in performance of this Agreement. Consultant's insurance, including that applicable to the Village as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the Village shall be in excess of and shall not contribute to Consultant's insurance. Consultant's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured in the same manner as if separate policies had been issued to each. 9.7 Deductibles. All deductibles or self -insured retentions must be declared to and be approved by the Village Manager. The Consultant shall be responsible for the payment of any deductible or self -insured retentions in the event of any claim. 10. Nondiscrimination. 10.1 During the term of this Agreement, Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination 11. Attorneys Fees and Waiver of Jury Trial. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2 In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. 12. Indemnification. 12.1 Consultant shall defend, indemnify, and hold harmless the Village, its officers, agents and employees, from and against any and all demands, 5 claims, losses, suits, liabilities, causes of action, judgment or damages, arising out of, related to, or any way connected with Consultant's performance or non-performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Consultant and third parties made pursuant to this Agreement. Consultant shall reimburse the Village for all its expenses including reasonable attorneys fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising out of, related to, or in any way connected with Consultant's performance or non- performance of this Agreement. 12.2 The provisions of this section shall survive termination of this Agreement. 13. Notices/Authorized Representatives. 13.1 Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand -delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the following addresses: For the Village: Genaro " Chip" Inglesias Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 With a copy to: Stephen J. Helfman, Esq. Village Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd. Coral Gables, Florida 33134 For The Consultant: Anne McCarthy CSA International, Inc. 8502 S.W. Kansas Avenue Stuart, Florida 34997 14. Governing Law. 14.1 This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any litigation arising out of this Agreement shall be proper exclusively in Miami -Dade County, Florida. 6 15. Entire Agreement/Modification/Amendment. 15.1 This writing contains the entire Agreement of the parties and supercedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 15.2 No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 15.3 Consultant represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Consultant have been duly authorized, and this Agreement is binding on Consultant and enforceable against Consultant in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 16. Ownership and Access to Records and Audits. 16.1 Consultant acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports and all similar or related information (whether patentable or not) which relate to Services to the Village which are conceived, developed or made by Consultant during the term of this Agreement ("Work Product") belong to the Village. Consultant shall promptly disclose such Work Product to the Village and perform all actions reasonably requested by the Village (whether during or after the term of this Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2 All records, books, documents, maps, data, deliverables, papers and financial information (the "Records") that result from the Consultant providing the Services to the Village under this Agreement shall be the property of the Village. 16.3 The Village Manager or his designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any Records of the Consultant involving transactions related to this Agreement. 16.4 The Village may cancel and terminate this Agreement immediately for refusal by the Consultant to allow access by the Village Manager or his designee to any Records pertaining to work performed under this 7 Agreement that are subject to the provisions of Chapter 119, Florida Statutes. 17. Nonassignability. 17.1 This Agreement shall not be assignable by Consultant unless such assignment is first approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise of the Consultant, and such firm's familiarity with the Village's area, circumstances and desires. 18. Severability. 18.1 If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 19. Independent Contractor. 19.1 The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. 20.1 The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all permits from all jurisdictional agencies to perform the Services under this Agreement. 21. Waiver 21.1 The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 8 22. Survival of Provisions 22.1 Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. 23.1 The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 24. Public Entity Crimes Affidavit 24.1 Consultant shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Counterparts 25.1 This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. [Remainder of page intentionally left blank] 9 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written. VILLAGE: VILLAGE OF KEY BISCAYNE By: Genaro "Chip " Inglesias illage A CONSULTANT: CSA INTERNATIONAL, INC., a Florida corporation By• nager Name: Title: lo onchita Alvarez, Village Clerk Approved as to Fo . nd Legal Sufficiency: age Attorne 10 EXHIBIT "A" Seagrass Restoration and Mitigation Plan: Village of Key Biscayne July 2008 Submitted to: COASTAL Submitted by: SYSTEMS Ilse %%%%%mew, Ms Penny Cutt Environmental/Permitting Regional Manager Coastal Systems International, Inc 2047 Vista Parkway, Suite 101 West Palm Beach Florida 3341 1 CBA CSA International, Inc 8502 SW Kansas Avenue Stuart, Florida 34997 Telephone 772-219 3000 TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 2.0 PROPOSED OFF -SITE MITIGATION SITES 2 2.1 SURVEY METHODS 2 2.2 RECOMMENDED OFF -SITE MITIGATION SITES 2 3.0 RESTORATION METHODS 10 3.1 SEAGRASS TRANSPLANTATION 10 3.1.1 Seagrass Donor Sites 11 3.1.2 Seagrass Harvesting and Transplanting 11 3.2 FERTILIZER USE 11 3.3 MITIGATION MEASURES 12 3.4 INSTALLATION OF MANATEE PROTECTION AND RESTORATION SIGNS 12 4.0 RECOMMENDED MONITORING 14 5.0 PROPOSED PROJECT SCHEDULE 15 6.0 LITERATURE CITED 16 APPENDICES 17 APPENDIX A: RECOMMENDED RESTORATION ACTIONS WITHIN PROPOSED OFF -SITE MITIGATION SITES IN AREAS A, B, C, AND D A-1 APPENDIX B: BRAUN-BLANQUET SCORES AND PERCENT COVER CONVERSIONS FOR AREAS A, B, C, AND D B-1 ii LIST OF TABLES Table Page 1 Summary of recommended restoration actions for proposed off -site mitigation sites in Areas A, B, C, and D 10 2 Braun-Blanquet community composition and percent cover scale values 14 3 Proposed mitigation schedule 15 LIST OF FIGURES Figure Page 1 General site locations for seagrass mitigation project 3 2 Area A mitigation sites 5 3 Area B northern bank mitigation sites 6 4 Area B southern bank mitigation sites 7 5 Area C mitigation sites 8 6 Area D mitigation sites 9 LIST OF PHOTOS Photo Page 1 Florida Fish and Wildlife Conservation Commission -approved manatee awareness sign 13 2 Restoration -in -progress sign 13 iii 1.0 INTRODUCTION Beach nourishment projects have been conducted on Key Biscayne Beaches since 1987. Permitted and un-permitted impacts to seagrass communities have occurred as a result of these projects. In June 2000, Florida Department of Environmental Protection (FDEP) Permit No. 0160846-001-JC regarding additional nourishment authorized impacts to seagrass communities within a pipeline corridor and called for 0.28 acres of mitigation to offset those impacts. To date, the mitigation has not been completed. In February 2008, the FDEP issued Permit Modification No. 0160846 -010 -EM for the construction of a dune restoration project and increased the acreage of required seagrass mitigation under Permit No. 0160846-001-JC from 0.28 acres to 1.26 acres due to the delay in implementation. Additionally, special permit conditions also were added to the Permit Modification that stipulate timelines and other requirements to ensure the mitigation is conducted in a timely manner. Prior to the February 2008 increase in required seagrass mitigation, Coastal Systems International, Inc. (CSI) developed a Seagrass Restoration and Mitigation Plan (revised 6 December 2007) proposing an off -site mitigation location and restoration methods for both on -site and off -site locations. As a result of the increase in mitigation requirements, additional off -site areas for mitigation needed to be located and proposed and the mitigation plan required updating and revision. This updated mitigation plan will address proposed sites, methods and scheduling for implementing the full 1.26 acres of off -site seagrass mitigation per FDEP Permit Modification No. 0160846 -010 -EM, and an additional 0.07 acres of off -site mitigation recommended in lieu of on -site mitigation within the pipeline corridor. Based on recent surveys completed by CSI in January 2008 and CSA International, Inc. (CSA) in June 2008, it is recommended that the on -site impacts within the offshore pipeline corridor be left to recover naturally. Although the scars remain visible in certain areas, the sediment gradation between the scars (0 to 10 cm [0 to 4.0 in.] [avg. 2.5 cm (1.0 in.)] based on CSI's January 2008 survey) and surrounding seabed is less than the >_ 20 cm (7.8 in.) gradation guideline recommended for filling based on standard methodologies and guidelines developed by the National Oceanic and Atmospheric Administration (NOAA) and FDEP as presented in the "Final Programmatic Environmental Impact Statement for Seagrass Restoration in the Florida Keys National Marine Sanctuary" (hereinafter referred to as the FPEIS) (NOAA and FDEP, 2004). Additionally, natural recovery is occurring, as evidenced by the in -growth of seagrass runners into barren areas of the scars. Sediment placement and/or disturbance within this area could potentially reduce the natural recovery process currently happening. This offshore area is a high-energy coastal environment with distinct environmental characteristics. Sand movement and wave action are common and could contribute to the shifting of any placed sediment and/or seagrass transplants, causing further secondary damage. All recommended approaches and procedures within this updated mitigation plan are structured to meet FDEP permit requirements and conform to guidelines and methodologies in the FPEIS. Consultation has been sought from the appropriate resource managers within Biscayne Bay Aquatic Preserve and the Florida Keys National Marine Sanctuary (FKNMS) for additional guidance relating to procedures, authorization, donor bed selection, and other relevant details. 1 2.0 PROPOSED OFF -SITE MITIGATION SITES Using aerial photographs, CSI initially identified approximately 0.33 acres of seagrass impacts on the northwestern portion of Key Biscayne as a potential area for the implementation of off -site mitigation efforts. In response to the increase in required mitigation, another desktop analysis was performed by CSA through a subcontract to CSI in order to locate more areas within Miami -Dade County and in close proximity to Key Biscayne that were suitable based on the likelihood of success and current viability for mitigation. An additional 1.722 acres of seagrass were identified using 2006 digital geo-rectified aerial photographs flown by the South Florida Water Management District and obtained through the National Park Service. To verify the viability of the sites for mitigation, a ground truth survey was recommended to eliminate impacts that may have recovered and locate recent impacts (post -2006 aerials) for inclusion into the revised mitigation plan. Figure 1 shows the following four general areas targeted for the surveys: • Area A — South of Biscayne National Park (BNP) boundary within Miami -Dade County, the FKNMS, and the Card Sound portion of Biscayne Bay Aquatic Preserve (BBAP); • Area B — North of BNP boundary within Miami -Dade County, southwest of Key Biscayne, and within BBAP; • Area C — Northwest side of Key Biscayne, south of the Rickenbacker Causeway and Crandon Marina within BBAP; and • Area D — West side of Key Biscayne within BBAP. 2.1 SURVEY METHODS From 4 to 10 June 2008, CSA performed ground truthing surveys of the four areas, mapped seagrass impacts ("sites") currently suitable for off -site mitigation, and visited the on -site mitigation site ("pipeline scar") to assess existing conditions. A combination of methods was used to locate, document, and map the seagrass impacts, including direct measurements of depths and widths and a telemetric buoy system interfaced with Hypack navigational software. Each site was visually assessed by an on -site biologist and, according to depth and width measurements, assigned proposed restoration action(s) that would help facilitate long-term recovery. Several restoration options were considered, including seagrass transplants, bird stakes, fertilizer spikes, sediment fill, and sediment tubes, as outlined in the FPEIS. Digital video and photographs were collected of impacts and surrounding unimpacted areas; community composition and percent cover data for seagrass were collected within each area proposed for mitigation using a modified Braun-Blanquet technique (Fourqurean et al., 2001). Seagrass scars and blowholes exhibiting recoveries such that restoration actions would not be justifiable were not mapped. 2.2 RECOMMENDED OFF -SITE MITIGATION SITES In total, 236 sites within Areas A, B, C, and D covering an area of 1.642 acres were mapped during CSA's June 2008 survey. Only those seagrass impact sites presently viable for restoration were mapped. The on -site impacts within the offshore pipeline corridor were not mapped as they had been recently assessed by CSI in February 2008; both CSA and CSI recommend conducting additional off -site mitigation to offset these impacts. 2 Figure 1. General site locations for seagrass mitigation project. 3 After careful review of each site and the recommended restoration options as well as consideration of the geographic location of the areas, the current condition, and timeline of the project, it is recommended that 192 of the 235 sites (approximately 1.338 acres) be restored as off -site mitigation (see Appendix A) to comply with FDEP requirements, meet the 1.26 -acre mitigation requirement, and provide an additional 0.07 acres of off -site mitigation as compensation for the on -site offshore pipeline impacts. The proposed restoration actions include seagrass planting at 75 sites (0.7 acres) (52% of the total area) and installation of bird stakes at each proposed site using standard restoration techniques. Figures 2 through 6 present the specific locations within Areas A, B, C, and D proposed for off -site mitigation. The recommended sites were chosen based on the following general criteria: • Located in Miami -Dade County and outside BNP; • Located on banks marked with navigational aids within established managed areas (BBAP and/or FKNMS) with a likelihood of success; • Present condition does not exhibit significant signs of natural recovery; • Recommended for seagrass transplanting and bird staking, which only can be completed within the FDEP deadline; and • Would benefit from restoration actions to stabilize sediments and/or encourage re -growth of seagrass. Within each proposed off -site mitigation area (Areas A, B, C, and D), Thalassia testudinum (turtle grass) was the dominant seagrass species, with average coverage ranging from 26% to 52%. Manatee grass (Syringodium filiforme) and shoal grass (Halodule wrightii) were found in Areas B, C, and D ranging from 1% to 5% cover, but were not observed in Area A (see Braun-Blanquet data in Appendix B). Water depths in the areas were shallow and ranged from 0 m (0 ft) (emergent) at Mean Low Low Water to approximately 1.2 m (4 ft) at Mean High Water. 4 (7' Figure 2. Area A mitigation sites. O) Figure 3. Area B northern bank mitigation sites. v Figure 4. Area B southern bank mitigation sites. OD Figure 5. Area C mitigation sites. CO Figure 6. Area D mitigation sites. 3.0 RESTORATION METHODS The proposed methods discussed in this restoration and mitigation plan were developed using the FPEIS guidelines and methodologies for seagrass restoration and mitigation efforts. Final recommendations for each site are based on field observations and processed (post -survey) spatial data confirming width, depth, and area of each site. A greater acreage of seagrass impacts was mapped (1.642 acres) than necessary for mitigation to fulfill the mitigation requirements (1.26 off -site and 0.07 on -site). Therefore, certain sites within the four areas were eliminated from consideration, as discussed in Section 2.2. A summary of the recommended restoration for each area is provided in Table 1. Of the 192 sites (1.338 acres) proposed for mitigation, no sites are recommended for filling, 75 sites (0.7 acres) are recommended for seagrass transplanting and bird staking, and 117 sites (0.638 acres) are recommended for bird staking only. Bird staking and seagrass transplantation will be the primary restoration methods used at the selected mitigation sites; sediment fill is not recommended due to the time lag (60 days per the FPEIS) between filling activities and seagrass transplantation activities. According to the FPEIS and FKNMS restoration planning guidance, approximately 60 days are needed after filling occurs to allow the sediment to settle before any other restoration action (e.g., staking or planting) is taken. If sites that require fill and planting were recommended, this would delay planting until peak hurricane season, which the FPEIS recommends against. Additionally, FDEP Permit No. 0160846-001-JC requires planting be done prior to 31 August 2008, and planting of fill sites would extend the project well beyond this deadline. Table 1. Summary of recommended restoration actions for proposed off -site mitigation sites in Areas A, B, C, and D. Restoration Area Total Restoration Action Transp ant and Bird Stake Bird Stake Only Number of Sites Area (m2) Acre Number of Sites Area (m2) Acre Number of Sites Area (m2) Acre Area A 55 1,820.86 0.450 14 457.88 0.113 41 1,362.99 0.337 Area B 86 2,388.37 0.590 34 1,590.47 0.393 52 797.99 0.197 Area C 1 59.56 0.015 1 59.56 0.015 0 0.00 0.000 Area D 50 1,145.71 0.283 26 724.38 0.179 24 421.34 0.104 Total 192 5,354.94 1.338 75 2,832.29 0.700 117 2,582.32 0.638 3.1 SEAGRASS TRANSPLANTATION Injury sites in low to moderate energy environments that have minimal change in grade with the surrounding areas were selected for seagrass transplanting due to a higher probability of transplant success from a lack of high water velocities (NOAA and FDEP, 2004). Planting seagrass in injured areas is proven to be successful in the stabilization of sediment, thereby promoting seagrass recovery by reducing injury recovery time (Fonseca et al., 1998). Faster -growing opportunistic seagrass species such as H. wrightii can serve as temporary substitutes for slower -growing climax species such as T. testudinum during the initial phase of transplantation selection. Up to approximately 4,000 planting units (PUs) of H. wrightii are anticipated to be harvested and transplanted within the 75 proposed sites, for a total area of 10 0.7 acres (equal to 52% of the total mitigation area [1.338 acres]). This estimate is based on a general assumption of 1.5 PUs/m2 (1.5 PUs/10.8 ft2) although site conditions and sporadic in -growth within the injury sites will dictate the final number of PUs required per site. 3.1.1 Seagrass Donor Sites H. wrightii transplants will be selectively taken from healthy seagrass "donor" communities/sites to be determined following discussions and/or field site visits with key personnel from the FDEP and FKNMS. All donor sites will be approved by the appropriate agencies prior to plan implementation. Donor sites located near the impact sites are recommended in order to minimize differences in environmental conditions, genetic populations, and/or resiliency and changes between the resident seagrass and the transplanted seagrass, thereby increasing the chance of successful coalescence. 3.1.2 Seagrass Harvesting and Transplanting Seagrass transplants will be collected from donor sites in accordance with all regulating permits and in a manner that ensures the donor bed is not degraded as a result of harvesting. Since H. wrightii is considered a fast growing species, no adverse effects to the donor sites are expected. PUs of H. wrightii will be collected at a rate of one plug/m2 (one plug/10.8 ft2) of healthy donor material using a 15 -cm (6 -in.) diameter polyethylene core (Fonseca et al., 1998). Using this method, transplant harvesting will entail the collection of numerous small planting units, which decreases the time required for the bed to naturally replenish itself without any additional mitigation techniques. Using this method, it is anticipated that each PU will contain stems from several individual plants and the associated sediment. Removed PUs immediately will be placed in containers to minimize washout during transport to the restoration site. PUs will be stored in containers in situ until enough material has been collected for the day. The containers and PUs will be placed in a survey vessel for transport to the mitigation area, with a maximum holding down of approximately 30 minutes out of the water. The containers and PUs will be placed in situ adjacent to the injury sites and transported to each area by a shallow -draft pontoon vessel traveling along a predetermined tract with appropriate depths to allow ingress and egress of the vessel without threatening restoration activities or causing additional impact to designated restoration sites. Seagrass PUs will be transplanted manually by snorkelers using buoyancy control vests and/or snow shoes to minimize disturbance of the below -ground rhizomes and roots and physical contact with the restoration site and the surrounding area. Following the general guidelines in the FPEIS, prop scars less than 2 m (6.5 ft) wide will be planted with a single row of PUs down the center of the scar at distances of 0.5, 1.0, and 1.5 m (1.6, 3.3, and 4.9 ft) between rows of bird stakes (see Section 3.2.1 for a description of bird stake placement). For scars and blowhole (non -fill) features greater than 2 m (6.5 ft) wide, subsequent rows of bird stakes and PUs will be placed approximately 2 m (6.5 ft) apart, depending on the width of the shortest axis. A divot or hole will be made for insertion of a seagrass plug using a hand trowel, post hole digger, or corer; any sediment removed during the process will be placed around the seagrass plug to help secure it. 3.2 FERTILIZER USE The ability of seagrasses to recolonize is more difficult in nutrient -limited areas due to the disturbance of the sediment nutrient reservoir by vessel injuries. Fourqurean et al. (1992) suggested that the use of slow -release supplemental nutrients stimulates the growth and 11 reproduction of seagrasses as well as the nutrient content of their tissue. Fertilizers can be used to augment seagrass transplantation or as a stand-alone activity to aid in the natural recolonization of an injury. Two methods of fertilization were considered for restoration activities: natural fertilization using bird stakes and commercial fertilizer spikes. The use of chemical fertilizer spikes is recommended to enhance seagrass colonization at impacted locations where water depths are greater than 1.5 m (4.9 ft) (NOAA and FDEP, 2004). Natural fertilization using bird stakes was selected as the preferred method since none of the sites proposed for restoration are located in water depths greater than 1.5 m (4.9 ft). Many successful seagrass mitigation projects in BNP and FKNMS have benefited from a natural fertilization method that utilizes the repeated deposition of bird feces from birds roosting on stakes ("bird stakes"). Bird staking has been documented to be an effective treatment to encourage re -growth of seagrasses in impacted areas and/or faster growth of seagrass transplants (Fourqurean et al., 1995; Kenworthy et al., 2000) by ensuring a regular release of fertilizer below each stake over an area of approximately 3 m2 (32 ft2). Water depths of 1.5 m (4.9 ft) or less at mean high tide are generally considered ideal for bird feces to reach the seafloor in concentrated doses as long as the stakes are in place (NOAA and FDEP, 2004). Therefore, utilized bird stakes will compensate for water depth and tide fluctuations while maintaining an approximate height of 0.25 m (0.8 ft) above the high water level. The bird stakes will be placed just inside the immediate rim and throughout the interior at 2-m intervals immediately following the completion of seagrass transplantation. For prop scars less than 2 m (6.5 ft) wide, only a single row of stakes will be placed down the center of the scar. Up to approximately 3,000 bird stakes will be constructed and installed following the guidelines provided in the FPEIS. This estimate is based on a general assumption of one bird stake/m2 (one bird stake/10.8 ft2), although site conditions and sporadic in -growth within the injury sites will dictate the final number of bird stakes required per site. Bird stakes will be removed after 75% injury coalescence is reached, usually after 18 months (NOAA and FDEP, 2004). 3.3 MITIGATION MEASURES During the proposed restoration, the following mitigative measures will be undertaken to minimize the potential long-term and short-term adverse effects that could result from restoration activities: • All restoration activities will be conducted off of a shallow -draft vessel; • Predetermined vessel tracts with appropriate depths will be utilized to allow ingress and egress of the vessel to the site; and • Buoyancy control vests and/or snow shoes will be used to minimize physical contact with the restoration site and the surrounding area. 3.4 INSTALLATION OF MANATEE PROTECTION AND RESTORATION SIGNS One manatee protection sign (Photo 1) will be placed during restoration activities to caution vessel operators of the potential presence of manatees. The manatee awareness signs will be 0.9 m x 1.2 m (3 ft x 4 ft) in size and Florida Fish and Wildlife Conservation Commission -approved. Restoration -in -progress signs (Photo 2) will be installed in multiple locations within each mitigation area (Areas A, B, C, and D) to inform boaters of the activities and minimize the possibility of vessel groundings and additional propeller scarring while the site 12 is under active restoration. Restoration -in -progress signs will remain on -site as long as the bird stakes are required. The aluminum restoration -in -progress signs will be approximately 46 cm wide x 36 cm tall (18 in. wide x 14 in. tall) with a white reflective background. The signs will be framed with orange reflective vinyl, and letters will be black vinyl. Both types of signs will be attached to 3-m (10 -ft) sections of Schedule 80 polyvinyl chloride (PVC) and oriented with the message board facing opposite of the restoration area toward deeper water of the seagrass banks. Photo 1. Florida Fish and Wildlife Conservation Commission -approved manatee awareness sign. Photo 2. Restoration -in -progress sign. 13 4.0 RECOMMENDED MONITORING The recommended monitoring program will examine the success of transplantation efforts and natural re -colonization of seagrass at approximately 5% of the mitigation sites. Reference areas will be considered as adjacent, undisturbed seagrass habitat and will serve to evaluate the success of the mitigation efforts. Quarterly monitoring is proposed for the first year post -restoration (0, 3, 6, and 9 months) and bi-annually during the spring and fall thereafter, for a maximum of 5 years (12, 18, 24, 30, 36, 42, 48, 54, and 60 months) or when required success criteria are met. Monitoring reports will be submitted within 45 days of each monitoring event, and a final summary will be completed at the end of the 5 -year monitoring period. Monitoring activities and reports will be conducted by CSI and/or a qualified subconsultant. At each site, the following monitoring parameters will be observed and/or measured: • PU survival at off -site mitigation sites (initial and throughout the monitoring period); • Seagrass abundance and community composition within the off -site mitigation sites and surrounding "reference" areas; • Qualitative observations of re -colonization, coalescence, and overall site conditions; and • Physical stability of bird stakes and PUs. During each monitoring survey, the community composition and percent cover of seagrass within the off -site mitigation sites and reference areas will be assessed using a modified Braun-Blanquet technique (Braun-Blanquet, 1932; Fourqurean et al., 2001; Kenworthy and Schwarzchild, 1997). With this method, the seagrass within a 0.25-m2 quadrat (divided into 5 cm x 5 cm grids) will be identified and assigned a cover -abundance scale value as shown in Table 2. The percent cover per individual species and the total seagrass cover will be determined by averaging the Braun-Blanquet scores by species and total cover over all quadrats assessed within each injured and reference area. Additionally, qualitative digital photos and/or video data will be collected to document the site conditions and seagrass recovery. Success of the mitigation efforts will be evaluated by PU survival, abundance of seagrass within the mitigation sites in comparison to reference areas, and general observations of the restoration actions and site conditions. To be considered successful at the end of the 5 -year monitoring period, the off -site mitigation areas will exhibit 65% of the seagrass cover (H. wrightii or combined species coverage) in comparison to the reference areas, and PU survival rate will be 75% at the end of Year 1 of monitoring. If the mitigation areas are not trending towards success, an addendum to the mitigation plan will be prepared and submitted for review. Table 2. Braun-Blanquet community composition and percent cover scale values. Scale Value Percent Cover 0.0 Not present 0.1 Solitary specimen 0.5 Few with small cover 1 <5% 2 5%to25% 3 25% to 50% 4 50% to 75% 5 75% to 100% 14 5.0 PROPOSED PROJECT SCHEDULE To implement the mitigation plan within the FDEP stipulated timeframe and avoid conducting activities during the height of hurricane season, an abbreviated schedule is proposed in Table 3. The dates and timeframes are subject to change based on feedback from relevant regulatory and resource management representatives. Table 3. Proposed mitigation schedule. Task Proposed Date Note Submit Draft Mitigation Plan 24 June 2008 Current submittal Submit Final Mitigation Plan 8 July 2008 To include regulatory and operational comments Identify donor sites 15 July 2008 To be scheduled with relevant regulatory and/or resource management representatives Begin off -site mitigation in Areas B, C, and D 29 July 2008 Subject to Plan approval Begin off -site mitigation in Area A 19 August 2008 Subject to Plan approval Conduct baseline monitoring 26 August 2008 Subject to Plan approval Submit mitigation completion report 15 October 2008 N/A Submit baseline monitoring report 15 October 2008 N/A N/A = not available. NOTIFICATIONS AND COMMUNICATIONS PLAN Prior to project implementation, the U.S. Coast Guard will be notified of project initiation as necessary. A Notice to Mariners also may be required to alert boat operators and the general public of the scope and location of field work, including restoration activities such as the installation of bird stakes and other applicable warning signs. Additional communication and coordination will be undertaken throughout the project to facilitate project success and inform project sponsors and regulators of progress. 15 6.0 LITERATURE CITED Braun-Blanquet, J. 1932. Plant Sociology: The Study of Plant Communities. G.B. Fuller and H.S. Conrad, Eds. Koeltz Scientific Books. Fonseca, M.S., W.J. Kenworthy, and G.W. Thayer. 1998. Guidelines for the conservation and restoration of seagrasses in the United States and adjacent waters. NOAA Coastal Ocean Program Decision Analysis Series No. 12. NOAA Coastal Ocean Office, Silver Spring, MD. 222 pp. Fourqurean, J., A. Willsie, C.D. Rose, and L.M. Rutten. 2001. Spatial and temporal pattern in seagrass community composition and productivity in south Florida. Marine Biology 139:341-354. Fourqurean, J.W., G.V.N. Powell, W.J. Kenworthy, J.C. Zieman. 1995. The effects of long-term manipulation of nutrient supply on competition between the seagrasses Thalassia testudinum and Halodule wrightii in Florida Bay. Oikos 72:349-358. Kenworthy, W.J. and A. Schwarzchild. 1997. Vertical growth and short shoot demography in Syringodium filiforme in outer Florida Bay, USA. Marine Ecology Progress Series 173:25-37. Kenworthy, W.J, M.S. Fonseca, P.W. Whitfield, K.K. Hammerstrom, and A.C. Schwartzschild. 2000. A comparison of two methods for enhancing the recovery of seagrasses into propeller scars: Mechanical injection of a nutrient and growth hormone solution vs. defecation by roosting seabirds. Final report submitted to the Florida Keys Environmental Restoration Trust Fund. National Oceanic and Atmospheric Administration (NOAA) and Florida Department of Environmental Protection (FDEP). 2004. Final Programmatic Environmental Impact Statement for Seagrass Restoration in the Florida Keys National Marine Sanctuary. http://www.darrp.noaa.gov/partner/mini312/pdf/seagrass82304.pdf. 16 APPENDICES 17 APPENDIX A RECOMMENDED RESTORATION ACTIONS WITHIN PROPOSED OFF -SITE MITIGATION SITES IN AREAS A, B, C, AND D A-1 Table Al. Area A. Restoration Action Site Area z (ft) Area (m2) Acre Transplant and Bird Stake Bird Stake Only AP01 309.20 28.73 0.007 X AP03 184.65 17.15 0.004 X AP07 98.03 9.11 0.002 X AP08 102.33 9.51 0.002 X AP11 284.74 26.45 0.007 X AS01 894.72 83.12 0.021 X AS02 505.97 47.01 0.012 X AS03 286.68 26.63 0.007 X ASO4 509.20 47.31 0.012 X AS05 406.15 37.73 0.009 X AS06 746.20 69.32 0.017 X AS07 235.46 21.88 0.005 X AS08 1,107.79 102.92 0.025 X AS09 651.49 60.53 0.015 X ASO9A 382.56 35.54 0.009 X AS 10 69.34 6.44 0.002 X AS 11 397.22 36.90 0.009 X AS 12 561.97 52.21 0.013 X AS 13 180.43 16.76 0.004 X AS14 378.57 35.17 0.009 X AS 15 150.57 13.99 0.003 X AS16 1,212.57 112.65 0.028 X AS 17 305.98 28.43 0.007 X AS 18 561.80 52.19 0.013 X AS21 142.27 13.22 0.003 X AS25 172.01 15.98 0.004 X AS26 136.02 12.64 0.003 X AS27A 100.69 9.35 0.002 X AS27B 71.08 6.60 0.002 X AS28 127.84 11.88 0.003 X AS29 189.73 17.63 0.004 X AS30 64.47 5.99 0.001 X AS33 79.80 7.41 0.002 X AS34 95.20 8.84 0.002 X AS35 195.07 18.12 0.004 X AS36 194.10 18.03 0.004 X AS38 470.22 43.68 0.011 X AS39 92.97 8.64 0.002 X AS40 729.74 67.80 0.017 X AS41 188.64 17.53 0.004 X AS42 89.70 8.33 0.002 X AS43 813.42 75.57 0.019 X AS43a 44.83 4.16 0.001 X A-2 Table Al . (Continued). Restoration Action Site Area ( 2) Area (m2) Acre Transplant and Bird Stake Bird Stake Only AS44 212.75 19.77 0.005 X AS44a 149.01 13.84 0.003 X AS45a 464.87 43.19 0.011 X AS45b 57.13 5.31 0.001 X AS46 74.64 6.93 0.002 X AS47 2,003.90 186.17 0.046 X AS49 407.34 37.84 0.009 X AS49a 527.12 48.97 0.012 X AS51 118.07 10.97 0.003 X AS52 146.87 13.65 0.003 X AS53 621.70 57.76 0.014 X AS54 294.79 27.39 0.007 X Total 19,599.59 1,820.86 0.45 14 41 A-3 Table A2. Area B. Restoration Action Site Area (ft2) Area (m2) Acre Transplant and Bird Stake Bird Stake Only BP01 271.45 25.22 0.006 X BP02 256.93 23.87 0.006 X BP03 201.63 18.73 0.005 X BP05 1,089.45 101.21 0.025 X BP06 212.95 19.78 0.005 X BP07 660.69 61.38 0.015 X BP08 167.72 15.58 0.004 X BP09 173.98 16.16 0.004 X BP 11 166.76 15.49 0.004 X BP 13 278.07 25.83 0.006 X BP15 519.01 48.22 0.012 X BP17 531.42 49.37 0.012 X BP20 239.50 22.25 0.005 X BP21 291.79 27.11 0.007 X BP22 536.69 49.86 0.012 X BP23B 790.67 73.46 0.018 X BS01 407.44 37.85 0.009 X BS03 200.30 18.61 0.005 X BSO4 1,176.83 109.33 0.027 X BS05 496.73 46.15 0.011 X BS06 45.71 4.25 0.001 X BS07 95.80 8.90 0.002 X BS08 46.65 4.33 0.001 X BS09 351.27 32.63 0.008 X BS 10 99.13 9.21 0.002 X BS 11 151.42 14.07 0.003 X BS 12 43.11 4.00 0.001 X BS 13 71.52 6.64 0.002 X BS 14 179.67 16.69 0.004 X BS 15 135.75 12.61 0.003 X BS 16 54.02 5.02 0.001 X BS 17 67.68 6.29 0.002 X BS 18 1,338.77 124.38 0.031 X BS 19 337.95 31.40 0.008 X BS20 199.76 18.56 0.005 X BS21 756.10 70.24 0.017 X BS22 49.27 4.58 0.001 X BS23 36.76 3.41 0.001 X BS24 555.88 51.64 0.013 X BS25 240.47 22.34 0.006 X BS26 176.40 16.39 0.004 X BS27 323.04 30.01 0.007 X BS28 249.31 23.16 0.006 X BS29 158.59 14.73 0.004 X BS30 134.80 12.52 0.003 X BS31 79.65 7.40 0.002 X BS32 39.75 3.69 0.001 X BS33 32.46 3.02 0.001 X BS34 69.56 6.46 0.002 X A-4 Table A2. (Continued.) Restoration Action Site Area z (ft) Area z (m) Acre Transplant and Bird Stake Bird Stake Only BS35 32.96 3.06 0.001 X BS36 398.95 37.06 0.009 X BS37 213.13 19.80 0.005 X BS38 85.56 7.95 0.002 X BS39 102.95 9.56 0.002 X BS40 52.77 4.90 0.001 X BS41 93.04 8.64 0.002 X BS43 476.00 44.22 0.011 X BS44 279.22 25.94 0.006 X BS45 166.29 15.45 0.004 X BS46 83.28 7.74 0.002 X BS47 155.23 14.42 0.004 X BS48 52.94 4.92 0.001 X BS49 347.84 32.32 0.008 X BS50 68.27 6.34 0.002 X BS51 71.76 6.67 0.002 X BS52 240.44 22.34 0.006 X BS53 160.33 14.90 0.004 X BS54 205.11 19.06 0.005 X BS55 163.54 15.19 0.004 X BS56 101.98 9.47 0.002 X BS57 200.58 18.63 0.005 X BS58 102.77 9.55 0.002 X BS59 718.48 66.75 0.016 X BS60 834.09 77.49 0.019 X BS61 146.89 13.65 0.003 X BS62 271.36 25.21 0.006 X BS63 3,314.03 307.88 0.076 X BS64 455.35 42.30 0.010 X BS65 245.49 22.81 0.006 X BS66 68.15 6.33 0.002 X BS67 104.37 9.70 0.002 X BS68 331.46 30.79 0.008 X BS70 74.99 6.97 0.002 X BS71 135.20 12.56 0.003 X BS72 73.21 6.80 0.002 X BS73 289.87 26.93 0.007 X Total 25,708.17 2,388.37 0.590 34 52 A-5 Table A3. Area C. Restoration Action Site Area (ft2) Area (m2) Acre Transplant and Bird Stake Bird Stake Only CS 12 641.14 59.56 0.015 X Total 641.14 59.56 0.015 1 0 A-6 Table A4. Area D. Restoration Action Site Area (ft2) Area (m2) Acre Transplant and Bird Stake Bird Stake Only DSO4 106.97 9.94 0.002 X DS05 99.29 9.22 0.002 X DS06 439.86 40.86 0.010 X DS07 276.60 25.70 0.006 X DS08 166.40 15.46 0.004 X DS09 84.38 7.84 0.002 X DS10 28.34 2.63 0.001 X DS11 18.65 1.73 0.000 X DS12 181.73 16.88 0.004 X DS13 315.80 29.34 0.007 X DS 14 528.61 49.11 0.012 X DS15 490.87 45.60 0.011 X DS16 618.37 57.45 0.014 X DS 17 116.99 10.87 0.003 X DS 18 182.04 16.91 0.004 X DS 19 99.29 9.22 0.002 X DS20 54.47 5.06 0.001 X DS21 87.18 8.10 0.002 X DS22 140.44 13.05 0.003 X DS23 118.00 10.96 0.003 X DS24 93.09 8.65 0.002 X DS25 48.57 4.51 0.001 X DS26 83.32 7.74 0.002 X DS27 391.72 36.39 0.009 X DS28 50.34 4.68 0.001 X DS29 199.45 18.53 0.005 X DS30 271.29 25.20 0.006 X DS31 86.94 8.08 0.002 X DS32 40.38 3.75 0.001 X DS33 46.81 4.35 0.001 X DS34 29.88 2.78 0.001 X DS35 44.61 4.14 0.001 X DS36 19.46 1.81 0.000 X DS37 140.59 13.06 0.003 X DS38 1,256.00 116.69 0.029 X DS39 482.30 44.81 0.011 X DS40 105.92 9.84 0.002 X DS41 751.93 69.86 0.017 X DS42 439.59 40.84 0.010 X DS43 189.76 17.63 0.004 X DS44 293.83 27.30 0.007 X DS46 140.25 13.03 0.003 X DS48 266.88 24.79 0.006 X A-7 Table A4. (Continued.) Restoration Action Site Area (ft2) Area (m2) Acre Transplant and Bird Stake Bird Stake Only DS49 594.98 55.28 0.014 X DS50 481.21 44.71 0.011 X DP01 274.26 25.48 0.006 X DP02 105.93 9.84 0.002 X DP03 530.39 49.28 0.012 X DP04 86.68 8.05 0.002 X DP05 631.76 58.69 0.015 X Total 12,332.40 1,145.71 0.283 26 24 A-8 APPENDIX B BRAUN-BLANQUET SCORES AND PERCENT COVER CONVERSIONS FOR AREAS A, B, C, AND D B-1 Table B1. Area A. Braun-Blanquet Cover (%) Quadrat # T.t (%) S.f. (%) H.w. (%) TMA (%) Total Grass (%) Coral (a/o) Sediment 1 37.5 0.0 0.0 37.5 37.5 0.0 SM/FL 2 37.5 0.0 0.0 37.5 37.5 0.0 SM/FL 3 37.5 0.0 0.0 15.0 37.5 0.0 SM/FL 4 15.0 0.0 0.0 62.5 15.0 0.0 SM/FL 5 0.0 0.0 0.0 37.5 0.0 0.0 SM/FL 6 37.5 0.0 0.0 15.0 37.5 0.0 SM/FL 7 37.5 0.0 0.0 62.5 37.5 0.0 SM/FL 8 37.5 0.0 0.0 62.5 37.5 0.1 SM/FL 9 37.5 0.0 0.0 62.5 37.5 0.1 SM/FL 10 37.5 0.0 0.0 62.5 37.5 0.1 SM/FL Average 31.5 0 0 45.5 31.5 0.03 T.t. = Thalassia testudinum S.f. = Syringodium filiforme H .w. = Halodule wrightii TMA = Total macroalgae SM = Sandy mud FL = Flocculent sediment B-2 Table B2. Area B. Braun-Blanquet Cover (%) Quadrat # T.t. (%) S.f. (%) H.w. (%) TMA (%) Total Grass (%) Coral (%) Sediment North 1 37.5 15.0 0.0 37.5 37.5 0.0 SM/FL 2 62.5 1.0 0.0 15.0 62.5 0.0 SM/FL 3 37.5 15.0 1.0 15.0 62.5 0.0 SM/FL 4 15.0 0.0 0.0 1.0 15.0 0.0 SM/FL 5 0.0 0.0 0.0 1.0 0.0 0.0 SM/FL 6 62.5 0.0 0.0 1.0 62.5 0.0 SM/FL 7 87.5 0.0 1.0 1.0 87.5 0.0 SM/FL 8 37.5 0.0 0.0 0.0 37.5 0.0 SM/FL 9 62.5 0.0 0.0 0.0 62.5 0.0 SM/FL 10 87.5 0.0 0.0 0.0 87.5 0.0 SM/FL Average 49.0 3.10 0.20 7.15 51.50 0.00 Middle 1 15.0 15.0 0.0 15.0 37.5 0.5 MS/CR 2 37.5 15.0 0.0 62.5 37.5 0.1 MS 3 37.5 15.0 0.0 37.5 37.5 0.1 MS 4 37.5 15.0 0.0 15.0 37.5 0.5 MS 5 62.5 15.0 0.0 37.5 62.5 0.5 MS/FL 6 37.5 15.0 0.0 37.5 37.5 0.0 MS 7 62.5 0.0 0.0 15.0 62.5 0.0 MS 8 87.5 0.0 0.0 15.0 87.5 0.0 MS 9 87.5 0.0 0.0 15.0 87.5 0.0 MS/FL 10 62.5 0.0 0.5 37.5 62.5 0.0 MS Average 52.75 9 0.05 28.75 55 0.17 South 1 1.0 1.0 0.0 15.0 15.0 1.0 CS 2 37.5 0.0 0.0 15.0 37.5 0.0 SM 3 37.5 0.5 0.0 15.0 62.5 0.0 FL 4 62.5 1.0 0.0 1.0 62.5 0.0 SM/HH 5 15.0 1.0 0.0 1.0 15.0 0.0 MS 6 37.5 15.0 0.0 37.5 62.5 0.0 MS 7 62.5 1.0 0.0 37.5 62.5 0.0 MS 8 15.0 1.0 0.0 15.0 15.0 0.5 MS 9 15.0 0.0 0.0 37.5 15.0 0.1 MS 10 37.5 0.0 1.0 37.5 37.5 0.0 MS Average 32.1 2.05 0.1 21.2 38.5 0.16 T.t. = Thalassia testudinum S.f. = Syringodium filiforme H.w. = Halodule wrightii TMA = Total macroalgae MS = Muddy sand SM = Sandy mud CS = Coarse shell HH = Halimeda hash FL = Flocculent sediment CR = Coral rubble B-3 Table B3. Area C. Braun-Blanquet Cover (%) Quadrat # T.t. (%) S.f. (%) H.w. (%) TMA (%) Total Grass (%) Coral (%) Sediment 1 15.0 0.0 0.0 1.0 15.0 0.0 MS 2 15.0 0.0 0.0 1.0 15.0 0.0 MS 3 62.5 0.0 0.0 15.0 62.5 0.0 SM/FL 4 37.5 0.0 0.0 15.0 37.5 0.0 SM/FL 5 37.5 0.0 0.0 37.5 37.5 0.0 FL 6 15.0 0.0 0.0 15.0 15.0 0.0 FL 7 15.0 0.0 0.0 15.0 15.0 0.0 MS 8 15.0 37.5 0.0 1.0 62.5 0.0 FL 9 15.0 15.0 0.0 15.0 15.0 0.0 FL 10 37.5 15.0 0.0 15.0 37.5 0.0 FL Average 26.5 6.75 0 13.05 31.25 0 T.t. = Thalassia testudinum S.f. = Syringodium filiforme H .w. = Halodule wrightii TMA = Total macroalgae MS = Muddy sand SM = Sandy mud FL = Flocculent sediment B-4 Table B4. Area D. Braun-Blanquet Cover (%) Quadrat # T.t. (%) S.f. (%) H.w. (%) TMA (%) Total Grass (%) Coral (%) Sediment 1 37.5 0.5 0.0 15.0 37.5 0.0 MS 2 62.5 0.0 0.0 37.5 62.5 0.0 MS 3 15.0 0.0 1.0 15.0 37.5 0.0 MS 4 62.5 0.0 0.0 15.0 62.5 0.0 MS 5 62.5 0.0 0.0 1.0 62.5 0.0 FL 6 62.5 0.0 0.0 1.0 62.5 0.0 FL 7 37.5 0.0 0.0 37.5 37.5 0.0 FL 8 62.5 0.0 0.0 37.5 62.5 0.0 FL 9 37.5 0.0 0.5 62.5 37.5 0.0 MS 10 62.5 0.0 0.5 15.0 62.5 0.0 MS Average 50.25 0.05 0.2 23.7 52.5 0 T.t. = Thalassia testudinum S.f. = Syringodium filiforme H.w. = Halodule wrightii TMA = Total macroalgae MS = Muddy sand FL = Flocculent sediment B-5 Table B5. Braun-Blanquet Mid -Point Interpolation. Interpolation of the Mid -Point of BB Scores BB Score % Cover BB Score % Cover 0.00 0.00 2.60 28.50 0.10 1.00 2.70 30.75 0.20 1.00 2.80 33.00 0.30 1.00 2.90 35.25 0.40 1.00 3.00 37.50 0.50 1.00 3.10 40.00 0.60 1.00 3.20 42.50 0.70 1.00 3.30 45.00 0.80 1.00 3.40 47.50 0.90 1.00 3.50 50.00 1.00 3.00 3.60 52.50 1.10 4.20 3.70 55.00 1.20 5.40 3.80 57.50 1.30 6.60 3.90 60.00 1.40 7.80 4.00 62.50 1.50 9.00 4.10 65.00 1.60 10.20 4.20 67.50 1.70 11.40 4.30 70.00 1.80 12.60 4.40 72.50 1.90 13.80 4.50 75.00 2.00 15.00 4.60 77.50 2.10 17.25 4.70 80.00 2.20 19.50 4.80 82.50 2.30 21.75 4.90 85.00 2.40 24.00 5.00 87.50 2.50 26.25 BB Score <1 = <1 1 = 1to5 2 = 5to25 3 = 25 to 50 4 = 50 to 75 5 = 75 to 100 Mid -Point Range <1 = 1 1 = 2.5 2 = 15 3 = 37.5 4 = 62.5 5 = 87.5 B-6 EXHIBIT "B" GSA International. Inc. 8502 SW Keneae Avenue Stuart. Florida 34897 25 June 2008 Ms. Penny Cutt Environmental/Permitting Regional Manager Coastal Systems International, Inc. 2047 Vista Parkway, Suite 101 West Palm Beach, Florida 33411 www.c ueinUU.corn Phone: 772-219-3000 Fax: 772-218-3010 Subject: Cost proposal to implement the Seagrass Restoration and Mitigation Plan for the Village of Key Biscayne Dear Penny, CSA International, Inc. (CSA) is pleased to provide you with a cost proposal to conduct donor site surveys, seagrass mitigation efforts, and a baseline (Time Zero) monitoring survey for the Village of Key Biscayne (VKB). The Mitigation Plan forwarded previously provides a more detailed description of the overall proposed efforts. A brief technical and cost proposal is included below. As discussed, the costs for the purchase of materials (bird stakes, cores, restoration signs, and other miscellaneous items) are included in the mobilization costs outlined in Task 2 below. Task 1— Seagrass Donor Site Survey Task 1 is presented as a fixed price for mobilization/demobilization and reporting. The level of effort for conducting seagrass donor site surveys is anticipated at 4 days, as shown below, at a fixed rate. Coordination with regulatory personnel, and site visits with regulatory personnel are included in the costs. Mobilization and Demobilization $4,358 Field Survey (4 days at $5,856/day) $23,425 Report $3,409 Total $31,192 Task 2 — Seagrass Restoration and Mitigation Task 2 is presented as a fixed price for mobilization/demobilization and includes purchases, the fabrication of bird stakes and cores, shop preparations, travel to Key Biscayne and Homestead, field mobilization costs, and implementation of the approved mitigation plan. The field work includes a 40 -day effort for seagrass mitigation at a total of 192 sites. Ms. Penny Cutt -2- 25 June 2008 Mobilization and Demobilization $47,556 Purchases $15,973 Field Work (40 days at $9,253/day) $370,114 Report $16,487 Total $450,130 Task 3 — Offshore Site Restoration Task 3 is presented as a fixed price for seagrass mitigation at the offshore pipeline scar and will be conducted in conjunction with the off -site mitigation, therefore no additional mobilization/demobilization or reporting efforts are necessary. This task has been separated from Task 2 in the event Coastal Systems International, Inc. (CSI) and CSA can remove this task through negotiations with State regulators, thereby reducing the costs of the overall program. Field Work (4 days at $8,626/day) $34,503 Total $34,503 Task 4 — Baseline (Time Zero) Monitoring Survey Task 4 is presented as a fixed price for mobilization/demobilization, field work, and report preparation to conduct the initial baseline monitoring (Time Zero) survey at the sites. A total of 5% of the restored sites will be selected and monitored for success. The level of effort for conducting the monitoring survey is anticipated at 4 days, as shown below, at a fixed rate. Mobilization and Demobilization $4,358 Field Work (4 days at $6,078/day) $24,314 Report $ 8,832 Total $37,504 Summary Table Task 1 $31,192 Task 2 $450,130 Task 3 $34,503 Task 4 $37,504 Total Cost $553,329 Ms. Penny Cutt -3- 25 June 2008 We appreciate the opportunity to provide you with this proposal and look forward to working with CSI on this project. If you have any questions on the information presented in this letter or would like additional details regarding the proposed methodologies, please call me at your earliest convenience. Sincerely, ---P 1A,s.c.is, Robert D. Mulcahy Vice President/Director, Business Development CSA International, Inc. COASTAL SYSTEMS INTERNATIONAL COASTAL SYSTEMS INTERNATIONAL, INC. 464 South Dixie Highway • Coral Gables, Florida 33146 Tel: 305-661-3655 • Fax: 305-661-1914 www.coastalsystemsint.com 135040.01 July 8, 2008 Ms. Caitlin Lustic FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau of Beaches & Coastal Systems 3900 Commonwealth Boulevard, M.S. 300 Tallahassee, Florida 32399-3000 RE: SUBMITTAL OF REVISED SEAGRASS MITIGATION PLAN FOR THE KEY BISCAYNE BEACH RENOURISHMENT PROJECT (DEP PERMIT NO. 0160846 -010 -EM) Dear Ms. Lustic: On behalf of the Village of Key Biscayne (Village), this is to submit the revised Seagrass Restoration and Mitigation Plan (Plan) for the proposed seagrass mitigation activities related to the Key Biscayne Beach Renourishrnent Project (Project). The Plan proposes to restore 1.26 acres of seagrass off -site, as required by Specific Condition No. 13 of DEP Permit Modification 0160846 -010 -EM issued on February 19, 2008. The Plan proposes to restore an additional 0.07 acres off -site, as site inspections by Coastal Systems in January 2008 and CSA International, Inc. (CSA) in June 2008 revealed that the remaining 0.07 -acre of impact within the pipeline corridor does not require any mitigation activities to facilitate seagrass restoration. Therefore, the Plan proposes to restore a total of 1.33 acres of damaged seagrass sites to fully mitigate the impacts associated with the 2002 Project. The Proposed Project Schedule within the Plan requires expedited approval from the DEP, DERM, and the FKNMS in order to complete restoration activities by August 31, 2008, including planting 50% of the sites. We anticipate commencement of donor site identification on July 15, 2008 and commencement of mitigation activities on July 29, 2008 in order to achieve this goal. Please let us know what we can do to facilitate this expedited Plan approval. The Village and Coastal Systems have worked with CSA to identify appropriate off -site injury areas in need of mitigation activities within Miami -Dade County using 2006 digital geo-rectified aerial photographs, which were provided by the South Florida Water Management District. The viability of these sites was then verified by ground-truthing surveys conducted by CSA from June 4 to June 10, 2008. The proposed off -site mitigation sites are identified and illustrated in the enclosed Plan. Coastal, Environmental, Civil Engineering and Management 135040.01 Ms. Caitlin Lustic July 8, 2008 Page 2 After ground-truthing was completed, CSA inspected the pipeline corridor to determine if any mitigation activities would be required to facilitate seagrass restoration. Since the sediment gradation is on average 2.5 cm, CSA determined that the addition of sediment is not recommended. Sediment placement is only recommended when gradation is greater than 20 cm. Additionally, natural recovery is occurring, as evidenced by the in -growth of seagrass runners into barren areas of the scar. Sediment placement and/or disturbance within this area could potentially reduce the natural recovery process currently happening. This offshore area is a high- energy coastal environment with distinct environmental characteristics. Sand movement and wave action are common and could contribute to the shifting of any placed sediment and/or seagrass transplants, causing further secondary damage. Please provide an expedited review of the enclosed Plan and let us know if there is anything we can do to facilitate this review. We would prefer to have agency approval prior to starting to identify donor sites on July 15, 2008, which would allow seagrass restoration activates to commence on July 29, 2008, to ensure mitigation work is completed by August 31, 2008. Should you need additional information, please do not hesitate to contact me at (561) 478-1004 Ext. 311 or pcutt@coastalsystemsint.com. Sincerely, COASTAL SYSTEMS INTERNATIONAL, INC. Penny Cutt Environmental/Permitting Regional Manager PC: al:cv Enclosure cc: Mr. Armando Nunez, Village of Key Biscayne Ms. Marsha Colbert, Biscayne Bay Aquatic Preserve Manager Ms. Chantal Collier, Coral Reef Conservation Program Administrator File, CJB, LMS, TKB, AL, PC F \Project\135040 01\Correspondence\Monttonng\(08-07-08) LTR Caitlin Lustic re Seagrass Mitigation Plan doc Coastal, Environmental, Civil Engineering and Management