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HomeMy Public PortalAbout20090706TybeeIslandOM.pdf TYBEE ISLAND, GEORGIA SHORE PROTECTION PROJECT OPERATIONS, MAINTENANCE, REPLACEMENT, REPAIR, AND REHABILITATION MANUAL JULY 2009 EXECUTIVE SUMMARY The Operations, Maintenance, Replacement, Repair and Rehabilitation (OMRR&R) Manual, dated 3 November 2000, has been updated to reflect the renourishment work done on Tybee Island during the fall/winter of 2008. The Tybee Island Georgia Shore Protection Project is designed to provide Storm damage protection from hurricane and storm damage on the island. All features of the project must be properly operated and maintained to provide the designated protection in full compliance with the environmental laws and regulations. The protective works (groins, beach template with associated berm width, renourishment, and associated dunes) must be regularly inspected and maintained to insure the project is functioning as designed. If proper inspection and maintenance are not accomplished, there could be a gradual deterioration of the project making it susceptible to a flood event. Considerable damage and possible loss of life could result from a flooding caused by the failure of the project. Responsible local personnel must have a thorough knowledge of the protective works and best methods of maintenance to insure that proper maintenance and satisfactory operation of the project occurs. All maintenance and operation of the project shall be completed in strict accordance with applicable regulations as supplemented by the following manual. The manual is designed to be a living Document, and will be updated following the next beach renourishment or as conditions warrant. TYBEE ISLAND GEORGIA SHORE PROTECTION PROJECT OPERATIONS, MAINTENANCE, REPLACEMENT, REPAIR, AND REHABILITATION MANUAL TABLE OF CONTENTS PAGE TITLE NUMBER 1.0 GENERAL....................................................................................................................1 1.1 Purpose of Manual............................................................................................1 1.2 Project Description of the 2008 Renourishment and all Future Renourishments............................................................................................1 1.2.1 Total Project............................................................................................4 1.2.2 Oceanfront Beach...................................................................................5 1.2.3 South Beach............................................................................................5 1.2.4 Back River Beach...................................................................................5 2.0 AUTHORIZATION......................................................................................................6 2.1 Project Authorization........................................................................................6 2.1.1 Oceanfront Beach...................................................................................6 2.1.2 Section 934 of Water Resources Development Act (WRDA) of 1986 Modifications.............................................................................6 2.1.3 South Tip/Back River.............................................................................6 2.2 Operation, Maintenance, Replacement, Repair, and Rehabilitation Authorization...............................................................................................7 2.2.1 Storm Damage Reduction Requirements................................................7 2.2.2 Implementing Guidelines........................................................................7 3.0 LOCATION..................................................................................................................7 4.0 CONSTRUCTION HISTORY.....................................................................................9 5.0 PROJECT PERFORMANCE.....................................................................................10 5.1 Overview of Project Protection Provided.......................................................10 6.0 PROJECT COOPERATION AGREEMENT (PCA).................................................10 6.1 Overview of PCA Requirements ....................................................................10 6.2 Parking Requirements.....................................................................................11 6.3 Procedures For Non-Federal Sponsor Compliance With PCA.......................12 7.0 OPERATION..............................................................................................................12 7.1 General............................................................................................................12 7.2 Protection of Sea Turtles and Piping Plovers .................................................12 i TYBEE ISLAND GEORGIA SHORE PROTECTION PROJECT OPERATIONS, MAINTENANCE, REPLACEMENT, REPAIR, AND REHABILITATION MANUAL TABLE OF CONTENTS (CONTINUED) PAGE TITLE NUMBER 7.3 Before/After Control Impact Paired Series (BACIPS) Monitoring of The Borrow Area and Beach.......................................................................13 8.0 EMERGENCY OPERATIONS..................................................................................14 8.1 Points of Contact.............................................................................................14 8.2 Flood and Coastal Storm Emergencies Act (Public Law 84-99)....................15 9.0 MAINTENANCE AND INSPECTION.....................................................................15 9.1 General............................................................................................................15 9.2 Future Renourishments...................................................................................15 9.3 Summary of Superintendent Responsibilities.................................................15 9.4 Corps Responsibilities ....................................................................................17 10.0 MONITORING.........................................................................................................17 10.1 Non-Federal Monitoring Requirements........................................................17 10.1.1 Semi-annual Surveillance Report.......................................................17 10.1.2 Quality Assurance Under Inspection of Completed Works Program.18 10.2 Station Lines For Beach Analysis.................................................................18 11.0 REPAIR, REPLACEMENT, AND REHABILITATION........................................22 11.1 Definition......................................................................................................22 12.0 NOTIFICATION OF DISTRESS.............................................................................22 ii TYBEE ISLAND GEORGIA SHORE PROTECTION PROJECT OPERATIONS, MAINTENANCE, REPLACEMENT, REPAIR, AND REHABILITATION MANUAL TABLE OF CONTENTS (CONTINUED) LIST OF FIGURES PAGE FIGURE DESCRIPTION NUMBER 1 Map of Tybee Island........................................................................2 2 Site Expansion for the Tybee Island Shore Protection Project........3 3 Project Template..............................................................................8 4 Beach Analysis Profile Lines.........................................................20 LIST OF TABLES TABLE DESCRIPTION 1 Chronology of Recent Beach Renourishment and Erosion Control Efforts.............................................................................9 2 Parking...........................................................................................11 3 Tasks and Costs..............................................................................14 4 Summary of Tybee Island Superintendent Responsibilities..........16 5 Summary of Corps Responsibilities...............................................17 6 Beach Analysis Reaches and Profile Lines....................................19 7 Monitoring Baseline ......................................................................22 8 List of Emergency Contacts...........................................................23 LIST OF APPENDICES APPENDIX A REPRESENTATIVE BEACH PROFILES APPENDIX B PROJECT COOPERATION AGREEMENT APPENDIX C ER 1110-2-2902 APPENDIX D SECTION 208.10 TITLE 33 APPENDIX E PERMITS APPENDIX F LIGHTING ORDINANCE APPENDIX G LETTER OF TRANSFER TO TYBEE ISLAND APPENDIX H INSPECTION REPORT FORMS AND SURVEY SHEETS APPENDIX I TURTLE MONITORING AND RELOCATION PLAN iii TYBEE ISLAND, GEORGIA SHORE PROTECTION PROJECT OPERATIONS, MAINTENANCE, REPLACEMENT, REPAIR, AND REHABILITATION MANUAL 1.0 GENERAL 1.1 Purpose of Manual The purpose of this manual is to assist the non-Federal sponsor, the City of Tybee Island, in carrying out its Operations, Maintenance, Repair, Replacement, and Rehabilitation (OMRR&R) responsibilities for the Tybee Island Shore Protection Project. This manual prescribes operations, maintenance, inspection, and record keeping procedures to obtain the intended purposes of this shore protection project as outlined in the construction drawings (Appendix A), the Project Cooperation Agreement (PCA) (Appendix B) and ER 1110-2-2902, Prescribed Procedures for the Maintenance and Operation of Shore Protection Works (Appendix C). This OMRR&R manual is a living document, and will be updated following the next beach renourishment or as conditions warrant. 1.2 Project Description of the 2008 Renourishment and all Future Renourishments The 2008 renourishment was constructed following the description below. All future renourishments are also expected to be constructed in a generally similar manner. The project was constructed using a hydraulic cutterhead pipeline dredge. A submerged pipeline extended from the borrow site to the southerly tip of Tybee Island The contractor did not impinge on beach dunes during construction as work was conducted from the existing beach and newly placed material. Temporary toe dikes were utilized, when necessary, in a shore parallel direction to control the hydraulic effluent and reduce turbidity. The sand was placed in the form of varying design templates based upon alongshore volumetric fill requirements which reflected beach conditions at the time of construction. The sand source for this renourishment was an expansion of the previously used borrow area. The previously utilized borrow area is located 5,000 feet (~1 mile) southeast of the southern tip of Tybee Island (Figure 1). The expanded borrow area is located approximately 7,000 feet (1.3 miles) southeast of the southernmost federal terminal groin. Figure 1 shows the various streets on Tybee Island and Figure2 shows the location of the expanded borrow area. The U.S. Army Corps of Engineers (Corps) Section 934 report, approved in 1994, evaluated 26 combinations of alternate berm widths (40 to 70 feet), berm heights (+11.0 to +17.0 feet mean low water (MLW), and beach slopes. This provided a variety of potentially feasible widths and heights. Five alternate berm widths and heights were selected for detailed evaluation, and costs and benefits were computed for each of the alternatives. 1 2 Fi g u r e 1 . M a p o f T y b e e I s l a n d Fi g u r e 1 . M a p o f T y b e e I s l a n d Figure 2. Site Expansion For The Tybee Island Shore Protection Project Source: Olsen Associates Inc. 2008. 3 The analysis concluded a 40-foot wide berm at elevation +11.0 MLW with 1/20 slope was the most appropriate front beach template. In the 1998 Environmental Assessment (EA) for South Tip Beach/Tybee Creek, it was concluded that to maintain the integrity of the restored beach along the Back River between periodic renourishment, advance nourishment would be provided by placing fill material one foot above the beach template, up to elevation 12 feet MLW and providing additional material on the beach slope. A berm elevation of +12 feet MLW and 1V:15H slope to closure was recommended for the Back River/Tybee Creek segment of the renourishment project. For the current project, the template design was based on project performance and erosion rates observed since the last renourishment project in 2000. Beach fill was primarily placed in areas included in the previous renourishment in 2000. These areas include the Oceanfront North Beach from Gulick Street to Center Street, the Oceanfront South Beach from 12th Street to the South End Terminal (federal) Groin, and the Back River Beach from Inlet Avenue to Southernmost end of Groin G-1 in the South Tip Groin Field Beach widths on the Back River Beach varied from 30 feet to 110 feet at +11.22 mean lower low water (MLLW) (+11.00 MLW). Beach widths on the Front Beach varied from a zero width berm, with material only being placed on the slope of the beach, to a berm approximately 300 feet wide at the elevation of +11.22 MLLW (+11.00 MLW). A zero width berm refers to only placing material on the slope and not on the berm itself. Based on natural angle of repose on the existing beach, and experience with previous placement, a beach slope of 1 vertical on 25 horizontal was required both above and below MLLW on the front beach. The berm along Back River had an 11.22 foot elevation MLLW and a 1V:15H slope to closure. The volume of beach fill was based on funds available at the time of construction. Alternative bid schedules were used to optimize the quantity of beach fill placed for the funds available. The contract paid for placement of 1,224,148 cubic yards (cy) of sediment on the beach and 56 acres were tilled. The project authorization began on October 11, 2008, and was completed by December 30, 2008. The next seven-year renourishment is scheduled to occur in 2015. After a new EA is completed to address any environmental changes it is anticipated that the volume and cost of the renourishment would be increased by two-sevenths over the 2008 renourishment to provide protection through to the end of the project’s economic life (2024). This nine-year renourishment cycle will take the place of another renourishment in 2022. Project authorization is anticipated to end in 2024. The 2008 Tybee Island Shore Protection Project included the following construction component features: 1.2.1 Total Project  The purpose of renourishing the beach is to provide an appropriate amount of advance nourishment along the total project. Based on a seven-year renourishment cycle (advance nourishment will erode back to the beach template) and up to an anticipated 30 percent 4 construction losses between the borrow areas and the beaches the total dredge volume is estimated to be 1, 800,450 cy.  The non-federal sponsor is to provide for all post-project monitoring. 1.2.2 Oceanfront Beach The Oceanfront beach includes:  Nourishment of approximately 1,038,200 cy to maintain the beach template.  North Terminal Rock Groin (Pre-existing)  South Terminal Rock Groin (Pre-existing) Future periodic renourishment to maintain the beach template will require another Letter Report as well as an EA and Finding of No Significant Impact (FONSI) Erosion along the front beach (oceanfront) has been well documented (Oertel et.al., 1985). Since the area has been spared any major hurricanes during the past 100 years, the major forces dictating the shoreline position have been seasonal storms. Generally, northeasterly storms have caused the most damage, while low pressures storms approaching from the southeast typically have resulted in accretion due to movement of sand from offshore bars onto the beach. The shoreline position varied greatly prior to construction of shore stabilization projects. In efforts to control erosion on the oceanfront, numerous groins and revetments have been constructed, as well as a seawall constructed between 1936 and 1941. This seawall has a top elevation of 11 feet above MLW. 1.2.3 South Beach  Nourishment of approximately 112,100 cy to maintain the beach template.  The State has built the groin field and nourished this area. The beach has remained stable and not required renourishment since the groin field was constructed. 1.2.4 Back River Beach Initial nourishment and periodic renourishment of approximately 50,000 cy to maintain the beach template. The Georgia Department of Natural Resources (GADNR) issued a permit (Appendix E) to the City of Tybee Island for construction of the South Tip Groin Field. The construction was completed in 2000. Although funding for construction of the groins was provided by the State of Georgia, the City of Tybee Island is responsible for the groins following construction. A condition of the permit provides that if the State Shore Protection Committee decides that the groins are resulting in adverse impacts, the Committee can direct the city to alter portions of the groins. In response to concerns about the continued erosion of the Back River Beach in 2000, the City of Tybee Island, the GADNR, and the Corps determined that notching of the South Tip Groin Field 5 was required. In October of 2002, six of the top modules from the seaward-most portion of each groin stem were removed, resulting in a “notch” of approximately 50 feet in length. Subsequent monitoring indicated that the Back River Beach had stabilized. If at any time monitoring shows an imbalance between the Back River and the South Tip beaches, the conditions will be reevaluated. If the GADNR and the Savannah District conclude that further modifications to the groins are necessary for any reason the GADNR has the authority to direct the City to remove or replace modules to rectify any adverse impacts on adjacent shorelines. 2.0 AUTHORIZATION 2.1 PROJECT AUTHORIZATION 2.1.1 Oceanfront Beach Section 201 of the Flood Control Act of 1965, U.S. Senate Committee Resolution of 22 June 1971, authorized the project as contained in House Document No. 92-105. The main features include a north terminal groin that was completed in June 1975; initial nourishment in March 1976; construction of the south terminal groin in February 1987; the first periodic renourishment in April 1987, the second renourishment in July of 2000, and the third renourishment from October to December 2008. The Federal Project includes 2.6 miles of oceanfront beach between the north and south terminal rock groins. 2.1.2 Section 934 of Water Resources Development Act (WRDA) of 1986 Modifications Section 934 of WRDA 1986 and Corps policy guidance required a reevaluation of renourishment projects. The purpose was to determine if future renourishments met current policy and further federal participation was justified. The analysis recommended extending the project life for the remaining 28 years of the 50-year project life. Section 506 of WRDA 1996 was the formal Secretary of the Army authorization to continue periodic renourishment until 2024. The analysis further indicated the National Economic Plan (NED) might be different than the authorized project and lead to a more detailed analysis in the Special Report on South Tip Beach/Back River. 2.1.3 South Tip/Back River The Assistant Secretary of the Army (Civil Works) approved the Special Report on South Tip Beach/Back River on 24 August 1998. The report determined the South Tip and Back River segments should be added to the authorized project. It resulted in passage of Section 301 of WRDA 1996 that modified the authorized project to include the portion of Tybee Island located south of the existing south terminal groin between 18th and 19th Streets, including the east bank of Tybee Creek up to Horse Pen Creek. The project now extends from the north terminal groin southward for 3.5 miles to Horse Pen Creek. 6 Section 301 of WRDA 1996 modified the authorized project as follows: SECTION 301 (b) PROJECTS SUBJECT TO REPORTS.--The following projects are modified as follows, except that no funds may be obligated to carry out work under such modifications until completion of a report by the Corps of Engineers finding that such work is technically sound, environmentally acceptable, and economically justified. (4) TYBEE ISLAND, GEORGIA.--The project for beach erosion control, Tybee Island, Georgia, authorized pursuant to section 201 of the Flood Control Act of 1968 (42 U.S.C. 1962d-5; 79 Stat. 1073-1074). is modified to include as an integral part of the project the portion of Tybee Island located south of the existing south terminal groin between 18th and 19th Streets, including the east bank of Tybee Creek up to Horse Pen Creek. 2.2 OPERATION, MAINTENANCE, REPLACEMENT, REPAIR, AND REHABILITATION AUTHORIZATION 2.2.1 Storm Damage Reduction Requirements Section 208.10, Title 33 of the code of Federal Regulations contains requirements for the OMRR&R of local storm damage reduction projects approved by the Secretary of the Army. The applicable provisions of this section of the code shall govern the operation and maintenance of this project. A copy of the applicable sections of the code is included in Appendix D. This OMRR&R Manual is prepared in response to Section 912(b) (1) of WRDA 1986 (PL99- 662) which amended Section 221 of PL 91-611 to include the following: 2.2.2 Implementing Guidelines The primary implementing guidelines are contained in Engineering Regulation ER 1110-2-2902, dated 30 Jun 1989, entitled "Prescribed Procedures for the Maintenance and Operation of Shore Protection Works" (Appendix C). 3.0 LOCATION Tybee Island, Georgia, (Figure 3) is a barrier island located directly south of the confluence of the Savannah River and the Atlantic Ocean, about 17 miles east of the City of Savannah, Georgia. The island is bordered on the north by the south channel of the Savannah Harbor Navigation Project, on the east by the Atlantic Ocean, and on the south and west by Back River and other small tidal creeks. The island is about 3.5 miles long from the northern tip to the mouth of Back River on the south, and the average width is about one-half mile with a sandy beach along most of the Oceanfront Beach. The ground elevation varies from 10 to 18 feet above MLW and slopes westward to salt marshes. 7 8 Figure 3. Project Template 4.0 CONSTRUCTION HISTORY The Tybee Island Project was authorized in June 1971 and presented in House Document No. 92-105. The chronology of recent beach renourishment efforts are shown in Table 1. Table 1. Chronology of Recent Beach Renourishment and Erosion Control Efforts YEAR ACTION 1975 800-ft North End Terminal Groin constructed – 10.5 tons of armor was used and 2,700 pounds of under layer stone was used. 1975-1976 Initial nourishment. – The dredge was allowed to pull sand from an area just south of the south tip in an area of wide, flat shoals. 2,262,100 cy of sand placed on the beach between North End Terminal Groin and 18th Street (13,200 feet long). 1986-1987 600-ft South End Terminal Groin constructed between 18th and 19th St. The North End Terminal Groin was raised by four feet. First renourishment -1,200,000 cy of sand placed from between the groins. 157,000 cy of sand placed on 1,400 feet of shoreline south of South End Groin. Borrow site #3 was utilized for all of this work. 1993 An estimated 918,000 cy of beach material was placed on beach by Corps and Georgia Ports Authority from Savannah Harbor deepening. The source of sand was the navigation channel. 1994 South Tip Groin Field constructed by Georgia Ports Authority with State funds. 1995 285,000 cy of material placed between South End Groin and 13th Street by Georgia Ports Authority. 50,000 cy of sand placed within South Tip Groin Field by Georgia Ports Authority. Borrow site #4, cell A was the source of sand. 2000 Back River Groin Field constructed, and initial nourishment of Back River and renourishment of South Tip and renourishment of oceanfront. Borrow site #4 was utilized. Back River Groin renourishment quantities are: Armor Stone 4,631 tons, Underlay Stone 619 tons, & Bedding Material 1,847 tons Back River/Tybee Creek Beach 86,319 cy Second Street Beach 1,267,738 cy South Beach 118,654 cy Back River/Tybee Creek/North of Seawall 7,859 cy 2001 - 2004 Monitoring North end groin/start of renourishment area 26,660 yd3 accretion Second St. renourishment area 369,858 cy erosion Middle Beach 25,954 yd3 erosion South Beach (Tybrisa) renourishment area 92,620 cy erosion South Tip Beach 33,685 cy accretion Back River/Tybee Creek at seawall 24,428 cy erosion Back River/Tybee Cr. north of seawall 27,913 cy accretion Average annual 142,084 yd3 erosion 2008 North Beach (Gulick St. to Center St.) 794,900 cy Center Beach (Center St. to 12th St.) 243,300 cy South Beach (12th St. to South End Terminal Groin) 50,000 cy Back River Beach(Inlet Ave. to South Tip of Groin G-1) 50,000 cy Total Design Fill volume 1,200,300 cy Anticipated 30% Construction Losses Between Borrow Areas and Beaches 600,150 cy Source: USACE, Savannah District, 2005 Limited Reevaluation Report, Tybee Island, GA, 2008 Renourishment Project 9 5.0 PROJECT PERFORMANCE 5.1 OVERVIEW OF PROJECT PROTECTION PROVIDED The authorized project consists of a 40-foot berm at +11.0 feet MLW, with a slope extending (105 feet if you use the 1/25 slope used on the last contract) feet seaward to the MHW line. It is 124 feet wide from the baseline to the mean high water line. It is 362 feet wide from the baseline to the mean low water line. This elevation is one foot less on average than the elevation of the seawall that extends along the project length. The project, as authorized, along with the sand dunes that the non-federal sponsor is required by the State of Georgia to build and maintain, will serve to prevent damage from storms. 6.0 PROJECT COOPERATION AGREEMENT (PCA) 6.1 OVERVIEW OF PCA REQUIREMENTS On 6 May 1999 the City of Tybee Island and the Department of the Army executed a PCA (Appendix B) that outlines the responsibilities of each party during construction and the OMRR&R phases of the project. The PCA allowed renourishment of oceanfront, nourishment of a groin field on South Tip, and construction of several rock groins and initial nourishment in Back River. The City of Tybee Island is the non-Federal sponsor for the project. Appendix G contains the letter notifying the City of Tybee Island they shall operate, maintain, repair, replace, and rehabilitate (OMRR&R) the entire project as long as the project is authorized. The non-federal sponsor’s OMRR&R functions will be performed at no cost to the Federal Government, in a manner compatible with the project's authorized purposes, and in accordance with applicable Federal and State laws as provided in Article XI of the PCA and specific directions in this manual and any subsequent amendments thereto.  The non-federal sponsor began monitoring the beach profile in 2006 to determine losses of nourishment material from the project design section and provide the results to the Government.  The non-federal sponsor must participate in and comply with applicable federal floodplain management and flood insurance programs.  The non-federal sponsor shall publicize floodplain information in the area concerned and shall provide this information to zoning and other regulatory agencies for their use in preventing unwise future development in the floodplain and in adopting such regulations as may be necessary to prevent unwise future development and to ensure compatibility with protection levels provided by the project.  Not less than once each year the non-federal sponsor shall inform affected interests of the extent of protection afforded by the Project. 10 11  The non-federal sponsor shall ensure to the extent of its powers that water pollution which would endanger the health of bathers will not be permitted.  The non-federal sponsor shall ensure continued conditions of public ownership and use of the shore upon which the amount of federal participation is based during the economic life of the Project.  The non-federal sponsor shall provide and maintain necessary access roads, parking areas, and other public use facilities open and available to all on equal terms.  In accordance with Article VIII.A. of PCA, the non-federal sponsor shall maintain and repair the protective measures and/or structures during the economic life of the project (2024) as required to serve the intended purposes at their design levels of hurricane and storm damage protection and in accordance with regulations prescribed by the Secretary of the Army.  The non-federal sponsor shall prevent future encroachments on project lands, easements, and rights-of-way, which might interfere with the proper functioning of the Project.  The non-federal sponsor shall prescribe and enforce regulations to prevent obstruction of or encroachment on the project that would reduce the level of protection it affords or that would hinder operation or maintenance of the Project. 6.2 PARKING REQUIREMENTS Table 2 shows the federally-required parking capacity for projected visitation: Table 2. Parking Available Parking Number of Vehicles City Public Pay Lots 800 Parking Meters 2,000 Private Parking Lots 600 TOTAL 3,400 6.3 PROCEDURES FOR NON-FEDERAL SPONSOR COMPLIANCE WITH PCA The non-federal sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon property that the non-federal sponsor owns or controls for access to the project for the purpose of inspection and, if necessary, for the purpose of completing, operating, maintaining, repairing, replacing, or rehabilitating the Project. If an inspection shows that the non-federal sponsor for any reason is failing to perform its obligations under this Agreement, the Government shall send a written notice describing the non-performance to the non-federal sponsor. If, after 30 calendar days from receipt of notice, the non-federal sponsor continues to fail to perform, then the Government shall have the right to enter, at reasonable times and in a reasonable manner, upon property that the non-federal sponsor owns or controls for access to the project for the purpose of completing, operating, maintaining, repairing, replacing, or rehabilitating the Project. No completion, operation, maintenance, repair, replacement, or rehabilitation by the Government shall operate to relieve the non-federal sponsor of responsibility to meet the non-federal sponsor's obligations as set forth in the PCA, or to preclude the Government from pursuing any other remedy at law or equity to ensure faithful performance pursuant to the PCA. 7.0 OPERATION 7.1 GENERAL It is the non-federal sponsor’s responsibility to provide continuing oversight to assure the beach design section provides storm damage reduction and promotes and encourages safe and healthful public enjoyment of the recreational opportunities provided by the beach fill. Operations activities include protection of dunes, prevention of encroachments and monitoring of beach design section conditions. Operations are a non-federal sponsor responsibility and there is no federal financial participation in operations activities. According to the 1999 PCA, the first five years of monitoring were cost shared. The non-federal sponsor is responsible for 100 percent of monitoring after that. Per the PCA, the annual monitoring program will be the sole responsibility of the non-federal sponsor. 7.2 PROTECTION OF SEA TURTLES AND PIPING PLOVERS Immediately after completion of the beach renourishment project and prior to the next three nesting seasons, beach compaction must be monitored and tilling must be conducted as required to reduce the likelihood of impacting sea turtle nesting and hatching activities, and foraging, roosting and loafing piping plovers. Tilling is only needed if the compaction is greater than 500 cone pentrometer units (cpu). (If tilling is needed, it must only occur above the primary wrack line.) Immediately after completion of the beach renourishment project and prior to the next three nesting seasons, monitoring must be conducted to determine if escarpments are present and escarpments (if over 18 inches high and 100 feet long) that are compacted to greater than 500 cpu must be leveled to reduce the likelihood of impacting sea turtle nesting and hatching activities. 12 7.3 BEFORE/AFTER CONTROL IMPACT PAIRED SERIES (BACIPS) MONITORING OF THE BORROW AREA AND BEACH The following scope of work was designed to address concerns relayed by the National Marine Fisheries Service on the apparent lack of bathymetric and benthic data in Georgia where beach renourishment occurs. This monitoring program is cost-shared. BACIPS monitoring will be performed by the South Carolina Department of Natural Resources (SCDNR) Marine Resources Research Institute. The monitoring of the borrow area will consist of sampling immediately prior to dredging, immediately after dredging, six months after dredging and 12 months after. A reference area of similar bathymetry and sediment characteristics will be sampled in the same manner. Sediment characteristics and infaunal density data will be analyzed. Beach monitoring will included sediment characterizations and assessment of infaunal community recovery. Ghost crabs, Ocypode quadrata, and surf clams, Donax variabilis, will be used in the infaunal community study. Six sampling stations will be established from the north unnourished portion of the island to the Back River. Surveys will be conducted in summer months only. The immediate pre-impact samples were collected August 2008 (beach and borrow) and immediate post-impact were collected December 2008 (borrow only). Six month post-impact samples will be collected at the borrow area in June 2009 and beach surveys will be conducted August 2009. Lab processing of samples is underway. A final report will be provided by SCDNR to the Corps upon completion. A fully detailed scope of work is presented in the 2008 EA, Appendix G. With transfer of the project to the non-federal sponsor (Appendix G), the construction is considered a completed project. To be eligible for use of PL 84-99 funds, a beach fill project must be substantially eroded by wind, wave, or water action of other than an ordinary nature and has been found to be maintained correctly in accordance to this OMRR&R manual.. It is difficult to precisely define an extraordinary storm. Therefore, the determination of whether a storm qualifies as extraordinary will be made by the Director of Civil Works in consultation with the Assistant Secretary of the Army for Civil Works (ASA (CW)). Approval of a Project Information Report (PIR) determines eligibility under PL 84-99 for federal funding. Information evaluated includes pre-storm conditions, remaining protection, and storm season. If it is late in the storm season, and the risk of a subsequent storm in the current season is low, there may not be a need for emergency action under PL 84-99. The severity of the storm will be discussed in a PIR that will describe the damaging storm(s) in relation to established parameters for coastal storms including shoreline recession, storm surge elevation and duration, wave height, and wave interval. To the extent possible, a frequency should be estimated for these parameters to provide a basis to assess the storm’s severity. The Corps will prepare this report using non-Project funds. In no case will a beach fill project be restored with Public Law 84-99 funds beyond its pre-storm condition. In some cases the non-federal sponsor may wish to fully restore a beach fill project where only a partial restoration is justified under the provisions of PL 84-99. In this case, a cost allocation recommendation for the complete restoration project will be made between PL 84-99 and periodic nourishment under the terms of the PCA. 13 Table 3. Tasks and Costs TASK BY YEAR COST YEAR 1: Post-Impact (Borrow) Field collections and surveys Sample Processing Year 1 Total $ 1,529 $12,524 $14,053 YEAR 2: 6 month Post-Impact (Borrow) Field collections and surveys Sample Processing 12 month Post-Impact (Borrow and Beach) Field collections and surveys Sample Processing Post-Impact (Beach) Field collections and surveys Sample Processing Year 2 Total $2,318 $13,222 $2,318 $13,222 $1,092 $4,904 $37,076 YEAR 3: Post-Impact (Beach) Field collections and surveys Sample Processing Data Analysis and Report Preparation Year 3 Total $3,168 $4,589 $37,596 $45,353 PROJECT TOTAL: $96,482 8.0 EMERGENCY OPERATIONS 8.1 POINTS OF CONTACT If an emergency condition develops related to the project, please contact one or all of the following: the Savannah District emergency POC is Emergency Management, Mr. Chris Klein at (912) 652-5431, the Tybee Island City Manager at (912) 786-4573, or the Tybee Island Police Central Dispatch at (912) 786-5600. 14 8.2 FLOOD AND COASTAL STORM EMERGENCIES ACT (PUBLIC LAW 84-99). Under the provisions the provisions of PL 84-99, the Corps is authorized to repair and restore, at 100 percent federal cost (except for required Lands, Easements, Rights of Way and Relocations, federally authorized hurricane or shore protective structures damaged or destroyed by wind, wave, or water action of other than an ordinary nature when, in the discretion of the Corps, such repair and restoration is warranted for the adequate functioning of the structure. 9.0 MAINTENANCE AND INSPECTION 9.1 GENERAL The non-federal sponsor will provide such maintenance (excluding periodic nourishment when defined as construction) as is required to ensure serviceability of the beach berm and foreshore for erosion control during storms and for recreation during non-storm periods. When the design berm has narrowed to the point that its protective function is jeopardized, the non-federal sponsor will initiate action as required for the Corps to restore the protective berm to its designed template. The term “periodic nourishment” means the placement of suitable beach material within the geographical limits of the Project (Oceanfront Beach, South Tip Beach, and Back River segments) as generally described in the Special Report and Section 934 Report at such times during the period of construction (until the year 2024 when the 50-year project life ends) as the Government, after consultation with the non-federal sponsor, determines such placement to be necessary and economically justified. The anticipated interval for periodic nourishments is seven years and is considered construction activities subject to cost sharing as opposed to maintenance, which is a non-federal sponsor responsibility. All future sand placement activities should be coordinated with the Savannah District Commander. 9.2 FUTURE RENOURISHMENTS Based on a seven year renourishment, the next scheduled renourishment will be needed by 2015. However, the monitoring program will be evaluated on an annual basis to project when the advanced nourishment will be eroded and the protective function of the project is beginning to be compromised. 9.3 SUMMARY OF SUPERINTENDENT RESPONSIBILITIES Table 4 contains a summary of the activities the Tybee Island superintendent has responsibility for implementing as part of the OMRR&R phase of the project. 15 16 Table 4. Summary of Tybee Island Superintendent Responsibilities REQUIREMENTS RESPONSIBLE AGENCY TIMEFRAME FREQUENCY Visual Surveillance Inspection City of Tybee Jan, Apr, Jul, Oct Quarterly. October inspection will be performed jointly with the Corps as a Quality Assurance (QA) inspection. Extraordinary Storm Inspection City of Tybee As Major Storms or Hurricanes Occur As required when Tybee Island anticipates seeking emergency assistance under PL 89-44. Beach Profile Surveys and Analysis City of Tybee Beach profile surveys have been performed and paid for by the City of Tybee Island since 2007, and will be in the future until there is a need for another PCA Survey by 1 June and Complete analysis by 1 June in Advance of Hurricane Season Once a year. Survey results to be provided to Savannah District ATTN: PM-C. Sand compaction tests (cone penetrometer) The static cone penetrometer shall be operated and maintained in accordance with the manufacturer’s specifications. The operator shall be trained on the performance of cone penetration testing and have a minimum of 24 hours field experience performing in-situ hardness tests on barrier island sands. A constant push rate of no more than 2 inches/second shall be maintained for sandy soil. Readings shall be recorded as the penetrometer passes through pre- determined test intervals. Prior to February 28th Evaluate hardness of beach with cone penetrometer for at least 2 years following beach nourishment. If test fails criteria, till beach to 36” depth. Send compliance letter to GADNR and Savannah District PM-C describing the activities that were conducted and the findings. Tilling City of Tybee May 1st, depending upon the results of the sand compaction testing as outlined in the EA Appendix G pg. 20 letter from GADNR. At least 2 years following the project (2010 and 2011). Send letter to GADNR-WRD and Savannah District PM-C describing the activities and stating when they were performed. Lighting Ordinance City of Tybee May 1 – October 31 Enforcement every year; send compliance report to Brunswick Office of USFWS, GADNR-WRD, and the Savannah District PM-C by 5 Nov. Report should include (1) a copy of the ordinance enforced for the season, (2) method used to notify the public of the ordinance, (3) enforcement action implemented such as periodic inspections, results of inspection, and follow-up measures. Sand fencing/planting vegetation City of Tybee As required during the year As required to maintain Level Escarpments City of Tybee Prior to 1 May each year Two consecutive turtle nesting seasons. If over 18” extending more than 100 feet in length exceeding 500 cpu implement corrective measures. Send a letter to GADNR-WRD and Savannah District PM-C stating the activities performed to inspect/correct the escarpment requirement and when they were performed. Turtle Monitoring and Relocation Plans City of Tybee 1 May –15 August During project construction/nourishment/ rehabilitation Refer to Appendix H 9.4 CORPS RESPONSIBILITIES Table 5. Summary of Corps Responsibilities REQUIREMENTS RESPONSIBLE AGENCY TIMEFRAME FREQUENCY QA Inspection Corps/City jointly In October Once a year Tilling Corps Contractor Immediately after construction to a depth of 36” One time immediately following construction Shorebird Monitoring Corps Begin two months before construction and continue until April, after the completion of construction Two times a month. One survey will be of the entire Unit GA-1 one hour before high tide and 1 hour after. The other survey will be done when birds are feeding, either at a low or falling tide of the entire beach. All bird species and numbers as well as pedestrian and pet traffic will be recorded and a report submitted to Coastal ES. Benthic Monitoring of beach and borrow area Corps coordinates with USFWS & SCDNR Immediately prior to and after dredging, 6 months after dredging and 12 months after dredging One Time. 10.0 MONITORING 10.1 NON-FEDERAL MONITORING REQUIREMENTS The non-federal sponsor has been monitoring the beach profile since 2007 to determine losses of nourishment material from the project design template. The non-federal sponsor shall perform annual beach profile surveys along with borrow site surveys. Annual beach profile surveys should include the centerlines of the tops of both the South and North end terminal groins. Additionally, the non-federal sponsor should provide an analysis of whether it appears to them that the groins are sinking, or the sand is rising up. All survey results shall be provided in electronic form to the Savannah District. 10.1.1 Semi-annual Surveillance Report A semiannual surveillance report will be submitted to the Savannah District Project Manager and GADNR, Coastal Protection Division. The report will include an assessment of the beach fill, berm, dune, and groin performance of the Project. The report format is shown in Appendix I. This visual inspection is separate from the profile-monitoring program. The surveillance report meets the requirements of the Corps to perform quality assurance of the non-federal sponsor’s responsibilities outlined in the PCA and this manual. 17 18 10.1.2 Quality Assurance Under Inspection of Completed Works Program The Corps performs a continuing quality assurance (QA) role on civil works projects that have been turned over to the local sponsor for operation and maintenance. The Tybee Island Project is part of this program. This program requires the Government to assure that non-federal sponsors are fulfilling their OMRR&R responsibilities under the 1999 PCA. The program requires the local sponsor to appoint a Project Superintendent and provide the necessary resources to comply with the requirements outlined in this manual. The Superintendent and the Corps will jointly inspect the project annually. The Corps will coordinate a mutually acceptable QA inspection date with the Project Superintendent. Refer to ER 1110-2-100 dated 15 February 1995, “Periodic Inspection and Continuing Evaluation of Completed Civil Works Structures” for further guidance. The Corps may conduct the inspections and write the report, on behalf of the non-federal sponsor, provided appropriate procedural and financial reimbursement arrangements are made. 10.2 STATION LINES FOR BEACH ANALYSIS Following initial construction of the authorized project, a beach-monitoring program was established. The purpose of the program was to document the results of the beach restoration and to more accurately estimate future nourishment requirements. The monitoring program consisted of land and hydrographic surveys along established profile lines. The beach analysis for erosion and recession rates, and subsequent modeling of storm damage reduction benefits, used these beach monitoring lines as points of reference for data acquisition. The analysis also used monitoring data from the most current surveys Table 6 summarizes the relationship of the profile lines to the beach areas, and Figure 4 shows the location of the monitoring profile lines. For evaluation of erosion and recession along the beach, it was assumed that the south terminal groin is located at profile line 18, although it is actually slightly south of line 18. The south terminal groin had not been constructed when beach survey profile lines were established. It should be noted that the authorized beach area at that time was only that portion of the beach between the north and south terminal groins, approximately lines 5 to 18. Additional lines 18A through 18J and 1Z through 3Z were added in conjunction with incorporation of the South Tip Groin Field and the Back River Beach into the project. Table 6. Beach Analysis Reaches and Profile Lines BEACH SECTION PROFILE LINES OCEANFRONT BEACH LENGTH* SUBSECTION (feet) TOTAL (feet) North of Project 1 - 5 5,737 Authorized Project: North Beach North Central Beach South Central Beach South Beach Total Authorized Project 5 - 7 7 - 11 11 - 14 14 - 18 5 - 18 1,193 3,810 4,304 5,653 14,960 South Tip Beach 18 - 21 6,650 Total Beach Area 1 - 21 27,400 * Beach lengths are measured from the centroid of the profile lines for the purposes of computing volumes. For other study purposes, beach lengths are measured along the seawall. The distance between lines 5 and 18 along the seawall is 13,800 feet. Source: U.S. Army Corps of Engineers, Savannah District. 19 Figure 4. Beach Analysis Profile Lines Top of North Terminal Groin Line 5 20 Figure 4 (Continued). Beach Analysis Profile Lines 21 Table 7. Monitoring Baseline LINE 3 LINE 4 LINE 5 LINE 6 LINE 7 LINE 7A LINE 8 LINE 9 LINE 10 LINE 11 LINE 11A LINE 12 LINE 13 LINE 13A LINE 14 LINE 15 LINE 15A LINE 16 LINE 17 LINE 17A LINE 18 LINE 18A LINE 18B LINE 18C FND X-CUT FND 1" I.P. FND X-CUT FND RR SPIKE FND X-CUT CAP(BV02544) FND 1" I.P. FND COE CAP FND COE CAP 13.89 13.89 15.95 13.24 11.16 11.23 13.40 22.19 11.62 11.85 11.46 13.12 LINE NO. DESCRIPTION X Y ELEV. MLW Y 738399.23X 1065943.58 Y 738399.23X 1065943.58 Y 737815.78X 1066181.2 Y 736952.93X 1066682.1 Y 736596.42X 1066709.77 Y 735899.25X 1066774.65 Y 734301.81X 1067113.63 Y 733299.03X 1067016.95 Y 732102.32X 1066882.5 Y 729574.42X 1066097.66 Y 727630.15X 1065533.77 Y 726871.52X 1065299.61 Y 726101.09X 1065065.5 Y 725612.18X 1064678.26 Y 725509.82X 1064544.61 X 1063968.36 Y 725278.53 FND 1/2 " I.PIN X 1065467.05 Y 738635.07 11.85 18.34 X 1066642.0 CLUSTER OF NAILS X 1066843.84 Y 735160.71 17.64 FND NAIL AND CAP FND X-CUT X 1066984.85 Y 732640.24 11.14 FND COE CAP X 1066776.11 Y 731568.74 13.43 FND NAIL IN POST X 1066409.28 Y 730465.09 18.46 FND COE CAP X 1065785.94 Y 728685.71 13.70 FND 3/4 " I.P. X 1064661.51 Y 725603.31 FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. FND 3/8 " REBAR 12.34 11.16 11.69 11.51Y 737314.0 12.24 CONTROL COE SOUTH END X 1067067.91 Y 733794.22 LINE 18D LINE 18E LINE 18F LINE 18G LINE 18H LINE 18I LINE 18J CONTROL LINE 1Z LINE 2Z LINE 3Z CONTROL CONTROL FND 1/2 " I.P. FND X-CUT FND X-CUT FND X-CUT FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. COE SOUTH END MOODY D206 CONTROL RERE FND 1/2 " I.P. 200' BEYOND 18H ON LINEEXTENDED FROM 18G TO 18H 500' BEYOND 18H ON LINE EXTENDED FROM 18G TO 18H 15.81 14.71 10.79 10.79 11.30 10.20 12.11 11.85 7.76 7.90 17.34 15.09 -- -- X 1064253.07 Y 725352.69 X 1063919.08 Y 725226.69 Y 725106.51X 1063693.25 X 1063693.25 Y 725106.51 X 1063635.17 Y 725398.75 X 1063472.10 Y 726210.08 X 1063324.66 Y 726888.77 Y 725278.53X 1063968.36 X 1038736.44 Y 741245.17 X 1045209.64 Y 738011.86 X 1066531.17 Y 737965.10 X 1063596.18 Y 725594.92 X 1063537.71 Y 725889.15 X 1063359.51 Y 726538.96 LINE 3 LINE 4 LINE 5 LINE 6 LINE 7 LINE 7A LINE 8 LINE 9 LINE 10 LINE 11 LINE 11A LINE 12 LINE 13 LINE 13A LINE 14 LINE 15 LINE 15A LINE 16 LINE 17 LINE 17A LINE 18 LINE 18A LINE 18B LINE 18C FND X-CUT FND 1" I.P. FND X-CUT FND RR SPIKE FND X-CUT CAP(BV02544) FND 1" I.P. FND COE CAP FND COE CAP 13.89 13.89 15.95 13.24 11.16 11.23 13.40 22.19 11.62 11.85 11.46 13.12 LINE NO. DESCRIPTION X Y ELEV. MLW Y 738399.23X 1065943.58 Y 738399.23X 1065943.58 Y 737815.78X 1066181.2 Y 736952.93X 1066682.1 Y 736596.42X 1066709.77 Y 735899.25X 1066774.65 Y 734301.81X 1067113.63 Y 733299.03X 1067016.95 Y 732102.32X 1066882.5 Y 729574.42X 1066097.66 Y 727630.15X 1065533.77 Y 726871.52X 1065299.61 Y 726101.09X 1065065.5 Y 725612.18X 1064678.26 Y 725509.82X 1064544.61 X 1063968.36 Y 725278.53 FND 1/2 " I.PIN X 1065467.05 Y 738635.07 11.85 18.34 X 1066642.0 CLUSTER OF NAILS X 1066843.84 Y 735160.71 17.64 FND NAIL AND CAP FND X-CUT X 1066984.85 Y 732640.24 11.14 FND COE CAP X 1066776.11 Y 731568.74 13.43 FND NAIL IN POST X 1066409.28 Y 730465.09 18.46 FND COE CAP X 1065785.94 Y 728685.71 13.70 FND 3/4 " I.P. X 1064661.51 Y 725603.31 FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. FND 3/8 " REBAR 12.34 11.16 11.69 11.51Y 737314.0 12.24 CONTROL COE SOUTH END X 1067067.91 Y 733794.22 LINE 18F LINE 18G LINE 18H LINE 18I LINE 18J CONTROL LINE 1Z LINE 2Z LINE 3Z CONTROL CONTROL FND X-CUT FND X-CUT FND X-CUT FND 1/2 " I.P. FND 1/2 " I.P. COE SOUTH END MOODY D206 CONTROL RERE FND 1/2 " I.P. 200' BEYOND 18H ON LINEEXTENDED FROM 18G TO 18H 500' BEYOND 18H ON LINE EXTENDED FROM 18G TO 18H 10.79 10.79 11.30 10.20 12.11 11.85 7.76 7.90 17.34 15.09 -- -- Y 725106.51X 1063693.25 X 1063693.25 Y 725106.51 X 1063635.17 Y 725398.75 X 1063472.10 Y 726210.08 X 1063324.66 Y 726888.77 Y 725278.53X 1063968.36 X 1038736.44 Y 741245.17 X 1045209.64 Y 738011.86 X 1066531.17 Y 737965.10 X 1063596.18 Y 725594.92 X 1063537.71 Y 725889.15 X 1063359.51 Y 726538.96 LINE 3 LINE 4 LINE 5 LINE 6 LINE 7 LINE 7A LINE 8 LINE 9 LINE 10 LINE 11 LINE 11A LINE 12 LINE 13 LINE 13A LINE 14 LINE 15 LINE 15A LINE 16 LINE 17 LINE 17A LINE 18 LINE 18A LINE 18B LINE 18C FND X-CUT FND 1" I.P. FND X-CUT FND RR SPIKE FND X-CUT CAP(BV02544) FND 1" I.P. FND COE CAP FND COE CAP 13.89 13.89 15.95 13.24 11.16 11.23 13.40 22.19 11.62 11.85 11.46 13.12 LINE NO. DESCRIPTION X Y ELEV. MLW Y 738399.23X 1065943.58 Y 738399.23X 1065943.58 Y 737815.78X 1066181.2 Y 736952.93X 1066682.1 Y 736596.42X 1066709.77 Y 735899.25X 1066774.65 Y 734301.81X 1067113.63 Y 733299.03X 1067016.95 Y 732102.32X 1066882.5 Y 729574.42X 1066097.66 Y 727630.15X 1065533.77 Y 726871.52X 1065299.61 Y 726101.09X 1065065.5 Y 725612.18X 1064678.26 Y 725509.82X 1064544.61 X 1063968.36 Y 725278.53 FND 1/2 " I.PIN X 1065467.05 Y 738635.07 11.85 18.34 X 1066642.0 CLUSTER OF NAILS X 1066843.84 Y 735160.71 17.64 FND NAIL AND CAP FND X-CUT X 1066984.85 Y 732640.24 11.14 FND COE CAP X 1066776.11 Y 731568.74 13.43 FND NAIL IN POST X 1066409.28 Y 730465.09 18.46 FND COE CAP X 1065785.94 Y 728685.71 13.70 FND 3/4 " I.P. X 1064661.51 Y 725603.31 FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. FND 1/2 " I.P. FND 3/8 " REBAR 12.34 11.16 11.69 11.51Y 737314.0 12.24 CONTROL COE SOUTH END X 1067067.91 Y 733794.22 LINE 18F LINE 18G LINE 18H LINE 18I LINE 18J CONTROL LINE 1Z LINE 2Z LINE 3Z CONTROL CONTROL FND X-CUT FND X-CUT FND X-CUT FND 1/2 " I.P. FND 1/2 " I.P. COE SOUTH END MOODY D206 CONTROL RERE FND 1/2 " I.P. 200' BEYOND 18H ON LINEEXTENDED FROM 18G TO 18H 500' BEYOND 18H ON LINE EXTENDED FROM 18G TO 18H 10.79 10.79 11.30 10.20 12.11 11.85 7.76 7.90 17.34 15.09 -- -- Y 725106.51X 1063693.25 X 1063693.25 Y 725106.51 X 1063635.17 Y 725398.75 X 1063472.10 Y 726210.08 X 1063324.66 Y 726888.77 Y 725278.53X 1063968.36 X 1038736.44 Y 741245.17 X 1045209.64 Y 738011.86 X 1066531.17 Y 737965.10 X 1063596.18 Y 725594.92 X 1063537.71 Y 725889.15 X 1063359.51 Y 726538.96 BEARING N 26 30' E N 26 30' E N 68 00' E N 68 00' E N 66 30' E N 72 30' E N 84 30' E N 84 30' E N 84 30' E N 80 30' E N 88 00' E S 84 30' E S 79 00' E S 75 30' E S 71 30' E S 71 30' E S 71 30' E S 76 30' E S 76 30' E S 76 30' E S 73 00' E S 58 00' E 12.85 S 46 30' E S 47 30' E S 29 30' E S 14 30' E S 12 00' E S 30 30' W S 89 00' W S 67 30' W N 49 00' E N 84 58' W N 84 54' W N 85 15' W -- -- -- -- TYBEE ISLAND MONITORING BASELINE LINE 18C1 S 29 30' E LINE 18D1 LINE 18D2 X 1064216.07 Y 725338.69 S 14 30' E S 29 30' EX 1064342.07 Y 725400.69 LINE 18E1 LINE 18E2 S 14 30' E S 14 30' E X 1063809.08 X 1064033.08 Y 725167.69 Y 725269.69 -- -- -- -- X 1064544.61 Y 725509.82 230' BEYOND 18C ON LINE EXTENDED FROM 18C TO 18D 12.85FND X-CUT EXTENDED FROM 18D TO 18E 40' BEYOND 18D ON LINE EXTENDED FROM 18D TO 18E235' BEYOND 18D ON LINE EXTENDED FROM 18E TO 18F125' BEYOND 18E ON LINE LINE 18G1 LINE 18G2 FND X-CUT X 1063693.25 Y 725106.51 280' BEYOND 18F GOING SEAWARD X 1063747.86 Y 724831.74 S 89 00' W S 89 00' W-- -- 11.0 REPAIR, REPLACEMENT, AND REHABILITATION 11.1 DEFINITION The non-federal sponsor has sole responsibility for maintenance including maintenance of dune vegetation, dune crossovers, and sand fencing. 12.0 NOTIFICATION OF DISTRESS Section 9 of this manual contains contacts for notification of any emergency. Additionally, Chatham County Emergency Management (GEMA), Chatham County and Savannah Police Departments, and supporting organizations are available in emergencies. 22 Table 8 is a flow chart showing persons that should be notified. Table 8. List of Emergency Contacts Notification Flowchart for Tybee Island Hurricane Protection Project Does the deficiency represent an emergency? 24-Hour Emergency Point of Contact/On-Call-Person Chatham County Emergency Management Agency Phillip Webber, Director Phone: 912-651-3100 Fax – 912-651-3103 US Army Corps of Engineers Savannah District 100 W. Oglethorpe Savannah, GA 31402 Mr. Chris Klein Emergency Management Office: 652-5431 City of Tybee Island 403 Butler Avenue P.O. Box 2749 Tybee Island, GA 31328 *The new fire chief is Skip Sasser, and his extension is 128 Tom Cannon City Manager Office: 786-4573, Ext 109 Police Central Dispatch 786-5600 FAX: 786-5737 City of Tybee Island Emergency Responders (as needed) Mayor Jason Buelterman Office: 786-4573 Ext 108 Fire Department Chief Jimmy Brown Office: 786-4573 Ext. 117 Home 786-4388 Public Works EMS YES NO Ms Diane Schleicher 23 APPENDIX A REPRESENTATIVE BEACH PROFILES Attached below are representative profiles. For the entire as-built drawings, please contact Mr. Burt Moore at the Savannah District, Operations Division. A- 1 A-2 A-3 A-4 A-5 APPENDIX B PROJECT COOPERATION AGREEMENT PROJECT COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF TYBEE ISLAND, GEORGIA FOR CONSTRUCTION OF THE TYBEE ISLAND, GEORGIA PROJECT THIS AGREEMENT is entered into this _______6th_________ day of ______May________, 1999__, by and between the DEPARTMENT OF THE ARMY (hereinafter the "Government"), represented by the Assistant Secretary of the Army (Civil Works), and the CITY OF TYBEE ISLAND, GEORGIA (hereinafter the "Non-Federal Sponsor"), represented by the Mayor of the City of Tybee Island, Georgia. WITNESSETH, THAT: WHEREAS, construction of the Tybee Island, Georgia Project at Tybee Island, Chatham County, Georgia, was authorized by Senate and House Resolutions pursuant to Section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-5, 79 STAT 1073-1074), as presented in House Document No. 92-105 (hereinafter the “Authorized Project”); WHEREAS, approval by the Department of the Army, Directorate of Civil Works, Acting Chief, Planning Division, on June 7, 1995, of the “Tybee Island Beach Erosion Control Project, Section 934 Reevaluation Report”, dated March 1994, revised October 1994, pursuant to the Water Resources Development Act of 1986, authorized the Government to extend Federal participation in periodic beach nourishment until 50 years after commencement of construction of the Authorized Project in September 1974; WHEREAS, Section 301(b)(4) of the Water Resources Development Act of 1996, Public Law 104-303, modified the Authorized Project “to include as an integral part of the project the portion of Tybee Island located South of the existing south terminal groin between 18th and 19th Streets, including the east bank of Tybee Creek up to Horse Pen Creek, provided that no funds may be obligated to carry out such modifications until completion of a report by the Corps of Engineers finding that such work is technically sound, environmentally acceptable, and economic, as applicable.”; WHEREAS, approval by the Assistant Secretary of the Army (Civil Works) on August 24, 1998 of the “Special Report on South Tip Beach/Tybee Creek Portion of Tybee Island Beach Erosion Control Project, Georgia”, dated November 1997, revised May 1998, authorized the Government to include South Tip Beach and Tybee Creek Beach in the Authorized Project; WHEREAS, the Government and the Non-Federal Sponsor desire to enter into a Project Cooperation Agreement for construction of the remainder of the Authorized Project (hereinafter the "Project", as defined in Article I.A. of this Agreement) consisting of periodic nourishment of Oceanfront Beach; periodic nourishment of South Tip Beach; future notching of existing groins at South Tip Beach; construction of groin field at Tybee Creek Beach; and initial construction and periodic nourishment of Tybee Creek Beach; B-1 WHEREAS, Section 103 of the Water Resources Development Act of 1986, Public Law 99-662, as amended, specifies the cost-sharing requirements applicable to the Project; WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended, and Section 103 of the Water Resources Development Act of 1986, Public Law 99- 662, as amended, provide that the Secretary of the Army shall not commence construction of any water resources project, or separable element thereof, until each Non-Federal Sponsor has entered into a written agreement to furnish its required cooperation for the project or separable element; WHEREAS, in the Energy and Water Development Appropriations Act for the fiscal year ending 30 September 1998 (Public Law 105-62, 111 STAT. 1321) Congress appropriated the amount of $2,000,000 for the Project; WHEREAS, in the Energy and Water Development Appropriations Act for the fiscal year ending 30 September 1999 (Public Law 105-245) Congress appropriated the amount of $1,200,000 for the Project; and WHEREAS, the Government and Non-Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of the construction of the Project in accordance with the terms of this Agreement. NOW, THEREFORE, the Government and the Non-Federal Sponsor agree as follows: ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS For purposes of this Agreement: A. The term "Project" shall mean periodic nourishment of the Oceanfront Beach as generally described in the “Tybee Island Beach Erosion Control Project, Section 934 Reevaluation Report”, dated March 1994 revised October 1994, and approved by Department of the Army, Directorate of Civil Works, Acting Chief, Planning Division, on June 5, 1995 (hereinafter the “Section 934 Report”), and periodic nourishment and future notching of existing groins at South Tip Beach and construction of a groin field and initial construction and periodic nourishment at Tybee Creek Beach as generally described in the “Special Report on South Tip Beach/Tybee Creek Portion of Tybee Island Beach Erosion Control Project, Georgia”, dated November 1997 revised May 1998, and approved by the Assistant Secretary of the Army (Civil Works) on August 24, 1998 as modified by the Addendum to the Special Report on South Tip Beach/Tybee Creek Portion of Tybee Island Beach Erosion Control Project, Georgia, dated January 1999 and approved by the South Atlantic Division, Directorate of Engineering and Technical Services, Chief of Planning and Environmental Division on February 17, 1999 (hereinafter the “Special Report”). B. The term “initial construction” shall mean the construction of a rock groin field along the first 1,800 feet of Tybee Creek Beach from the South Tip Beach to the public fishing pier consisting of eight rock groins and placement of suitable beach fill along 1,800 feet of B-2 Tybee Creek Beach to form a beach template at elevation +11.0 MLW as generally described in the Special Report. C. The term “periodic nourishment” shall mean the placement of suitable beach material within the geographical limits of the Project (Oceanfront Beach, South Tip Beach, and Tybee Creek Beach segments) as generally described in the Special Report and Section 934 Report at such times during the period of construction as the Government, after consultation with the Non-Federal Sponsor, determines such placement to be necessary and economically justified. D. The term "total project costs" shall mean all costs incurred by the Non-Federal Sponsor and the Government in accordance with the terms of this Agreement directly related to initial construction and periodic nourishment of the Project. Subject to the provisions of this Agreement, the term shall include, but is not necessarily limited to: continuing planning and engineering costs incurred after October 1, 1985; advanced engineering and design costs; preconstruction engineering and design costs; engineering and design costs during construction; the costs of investigations to identify the existence and extent of hazardous substances in accordance with Article XV.A. of this Agreement; costs of historic preservation activities in accordance with Article XVIII.A. of this Agreement; actual construction costs, including the costs of alteration, lowering, raising, or replacement and attendant removal of existing railroad bridges and approaches thereto; supervision and administration costs; costs of participation in the Project Coordination Team in accordance with Article V of this Agreement; costs of contract dispute settlements or awards; the value of lands, easements, rights-of-way, relocations, and suitable borrow and dredged or excavated material disposal areas for which the Government affords credit in accordance with Article IV of this Agreement; and costs of audit in accordance with Article X of this Agreement. The term does not include any costs for operation, maintenance, repair, replacement, or rehabilitation; any costs due to betterments; any costs of periodic nourishment incurred before the effective date of this Agreement or after the authorized periodic nourishment period; or any costs of dispute resolution under Article VII of this Agreement. E. The term “total costs of initial construction” shall mean that portion of total project costs allocated by the Government to initial construction of the Project. F. The term “total costs of periodic nourishment” shall mean that portion of total project costs allocated by the Government to periodic nourishment of the Project. G. The term "financial obligation for initial construction" shall mean a financial obligation of the Government, other than an obligation pertaining to the provision of lands, easements, rights-of-way, relocations, and borrow and dredged or excavated material disposal areas, that results or would result in a cost that is or would be included in total costs of initial construction. H. The term "financial obligation for periodic nourishment" shall mean a financial obligation of the Government, other than an obligation pertaining to the provision of lands, easements, rights-of-way, relocations, and borrow and dredged or excavated material disposal areas, that results or would result in a cost that is or would be included in total costs of periodic nourishment. B-3 I. The term "non-Federal proportionate share of financial obligations for initial construction" shall mean the ratio of the Non-Federal Sponsor's total cash contribution required in accordance with Article II.D.2. of this Agreement to total financial obligations for initial construction, as projected by the Government. J. The term "non-Federal proportionate share of financial obligations for periodic nourishment" shall mean the ratio of the Non-Federal Sponsor's total cash contribution required in accordance with Article II.G.2. of this Agreement to total financial obligations for periodic nourishment, as projected by the Government. K. The term "period of initial construction" shall mean the time from the date the Government first notifies the Non-Federal Sponsor in writing, in accordance with Article VI.B. of this Agreement, of the scheduled date for issuance of the solicitation for the first construction contract for initial construction of the Project to the date that the U.S. Army Engineer for the Savannah District (hereinafter the “District Engineer”) notifies the Non-Federal Sponsor in writing of the Government's determination that initial construction of the Project is complete. L. The term "periodic nourishment period" shall mean the time from the date the Government first notifies the Non-Federal Sponsor in writing, in accordance with Article VI.E. of this Agreement, of the scheduled date for issuance of the solicitation for the construction contract for periodic nourishment to the date that the District Engineer notifies the Non-Federal Sponsor in writing of the Government's determination that periodic nourishment is complete. There may be more than one periodic nourishment period. M. The term “authorized periodic nourishment period” shall mean a period of 50 years beginning with commencement of construction of the Authorized Project in September 1974. N. The term "highway" shall mean any public highway, roadway, street, or way, including any bridge thereof. O. The term "relocation" shall mean providing a functionally equivalent facility to the owner of an existing utility, cemetery, highway or other public facility, or railroad (excluding existing railroad bridges and approaches thereto) when such action is authorized in accordance with applicable legal principles of just compensation or as otherwise provided in the authorizing legislation for the Project or any report referenced therein. Providing a functionally equivalent facility may take the form of alteration, lowering, raising, or replacement and attendant removal of the affected facility or part thereof. P. The term "fiscal year" shall mean one fiscal year of the Government. The Government fiscal year begins on October 1 and ends on September 30. Q. The term "functional portion of the Project" shall mean a portion of the Project that is suitable for tender to the Non-Federal Sponsor to operate and maintain in advance of completion of the entire Project. For a portion of the Project to be suitable for tender, the District Engineer must notify the Non-Federal Sponsor in writing of the Government's determination that B-4 the portion of the Project is complete and can function independently and for a useful purpose, although the balance of the Project is not complete. R. The term "betterment" shall mean a change in the design and construction of an element of the Project resulting from the application of standards that the Government determines exceed those that the Government would otherwise apply for accomplishing the design and construction of that element. Q. The term “period of construction” shall mean the time beginning with the commencement of the period of initial construction until the conclusion of the authorized periodic nourishment period. ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States (hereinafter, the "Congress") and using those funds and funds provided by the Non-Federal Sponsor, shall expeditiously construct the Project (including alteration, lowering, raising, or replacement and attendant removal of existing railroad bridges and approaches thereto), applying those procedures usually applied to Federal projects, pursuant to Federal laws, regulations, and policies. 1. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on the solicitations for all contracts, including relevant plans and specifications, prior to the Government's issuance of such solicitations. The Government shall not issue the solicitation for the first construction contract until the Non-Federal Sponsor has confirmed in writing its willingness to proceed with the Project. To the extent possible, the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all contract modifications, including change orders, prior to the issuance to the contractor of a Notice to Proceed. In any instance where providing the Non-Federal Sponsor with notification of a contract modification or change order is not possible prior to issuance of the Notice to Proceed, the Government shall provide such notification in writing at the earliest date possible. To the extent possible, the Government also shall afford the Non-Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof. The Government shall consider in good faith the comments of the Non-Federal Sponsor, but the contents of solicitations, award of contracts, execution of contract modifications, issuance of change orders, resolution of contract claims, and performance of all work on the Project (whether the work is performed under contract or by Government personnel), shall be exclusively within the control of the Government. 2. Throughout the period of construction, the District Engineer shall furnish the Non-Federal Sponsor with a copy of the Government's Written Notice of Acceptance of Completed Work for each contract for the Project. B-5 3. Notwithstanding paragraph A.1. of this Article, if, upon the award of any contract for construction of the Project, cumulative financial obligations for initial construction would exceed $8,947,000, or cumulative financial obligations for periodic nourishment would exceed $12,057,000, the Government and the Non-Federal Sponsor agree to defer award of that contract and all subsequent contracts for construction of the Project until such time as the Government and the Non-Federal Sponsor agree to proceed with further contract awards for the Project, but in no event shall the award of contracts be deferred for more than three years. Notwithstanding this general provision for deferral of contract awards, the Government, after consultation with the Non-Federal Sponsor, may award a contract or contracts after the Assistant Secretary of the Army (Civil Works) makes a written determination that the award of such contract or contracts must proceed in order to comply with law or to protect life or property from imminent and substantial harm. 4. As of the effective date of this Agreement, $4,494,000 of Federal funds have been appropriated for the Project. This amount is less than the Federal share of the projected total project costs, and the Government makes no commitment to budget for additional funds for the Federal share of the total project costs. Notwithstanding any other provision of this Agreement, the Government’s financial participation in the Project is limited to this amount together with any additional funds that the Congress may appropriate for the Project. In the event that the Congress does not appropriate funds sufficient to meet the Federal share of funds required to continue construction of the Project in the then-current or upcoming fiscal year, the Government shall notify the Non-Federal Sponsor of the insufficiency of funds and the parties, within the Federal and Non-Federal funds available for the Project, shall suspend construction or terminate this Agreement in accordance with Article XIV.B. of this Agreement. To provide for this eventuality, the Government may reserve a percentage of total Federal funds available for the Project and an equal percentage of total funds contributed by the Non-Federal Sponsor in accordance with Article II.D. or II.G. of this Agreement as a contingency to pay costs of termination, including any costs of contract claims and contract modifications. B. The Non-Federal Sponsor may request the Government to accomplish betterments during the period of construction. Such requests shall be in writing and shall describe the betterments requested to be accomplished. If the Government in its sole discretion elects to accomplish the requested betterments or any portion thereof, it shall so notify the Non-Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement, this Agreement shall control. The Non-Federal Sponsor shall be solely responsible for all costs due to the requested betterments and shall pay all such costs in accordance with Article VI.C. of this Agreement. C. When the District Engineer determines that the entire Project is complete or that a portion of the Project has become a functional portion of the Project, the District Engineer shall so notify the Non-Federal Sponsor in writing and furnish the Non-Federal Sponsor with an Operation, Maintenance, Repair, Replacement, and Rehabilitation Manual (hereinafter the "OMRR&R Manual") and with copies of all of the Government's Written Notices of Acceptance of Completed Work for all contracts for the Project or the functional portion of the Project that have not been provided previously. Upon such notification, the Non-Federal Sponsor shall B-6 operate, maintain, repair, replace, and rehabilitate the entire Project or the functional portion of the Project in accordance with Article VIII of this Agreement. D. The Non-Federal Sponsor shall contribute 35 percent of the total costs of initial construction assigned by the Government to hurricane and storm damage reduction, plus 50 percent of the separable costs of total costs of initial construction assigned by the Government to recreation, plus 100 percent of the total costs of initial construction assigned by the Government to privately owned shores (where the use of such shores is limited to private interests) (hereinafter the “Non-Federal Sponsor’s share of total costs of initial construction”) in accordance with the provisions of this paragraph. 1. In accordance with Article III of this Agreement, the Non-Federal Sponsor shall provide all lands, easements, rights-of-way, and suitable borrow and dredged or excavated material disposal areas that the Government determines the Non-Federal Sponsor must provide for the initial construction, operation, and maintenance of the Project, and shall perform or ensure performance of all relocations that the Government determines to be necessary for the construction, operation, and maintenance of the Project. 2. If the Government projects that the value of the Non-Federal Sponsor's contributions under paragraph D.1. of this Article and of the Non-Federal Sponsor’s contributions attributable to initial construction under Articles V, X, and XV.A. of this Agreement will be less than the Non-Federal Sponsor’s share of total costs of initial construction, the Non-Federal Sponsor shall provide an additional cash contribution, in accordance with Article VI.B. of this Agreement, in the amount necessary to make the Non- Federal Sponsor's total contribution equal to the Non-Federal Sponsor’s share of total costs of initial construction. 3. If the Government determines that the value of the Non-Federal Sponsor's contributions provided under paragraphs D.1. and D.2. of this Article and of the Non-Federal Sponsor’s contributions attributable to initial construction under Articles V, X, and XV.A. of this Agreement has exceeded the Non-Federal Sponsor’s share of total costs of initial construction, the Government, subject to the availability of funds, shall reimburse the Non-Federal Sponsor for any such value in excess of the Non-Federal Sponsor’s share of total costs of initial construction. After such a determination, the Government, in its sole discretion, may provide any remaining Project lands, easements, rights-of-way, and suitable borrow and dredged or excavated material disposal areas and perform any remaining Project relocations on behalf of the Non-Federal Sponsor. E. The Non-Federal Sponsor may request the Government to provide lands, easements, rights-of-way, and suitable borrow and dredged or excavated material disposal areas or perform relocations on behalf of the Non-Federal Sponsor during the period of construction. Such requests shall be in writing and shall describe the services requested to be performed. If in its sole discretion the Government elects to perform the requested services or any portion thereof, it shall so notify the Non-Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement, this Agreement shall control. The Non-Federal B-7 Sponsor shall be solely responsible for all costs of the requested services and shall pay all such costs in accordance with Article VI.C. of this Agreement. Notwithstanding the provision of lands, easements, rights-of-way, and suitable borrow and dredged or excavated material disposal areas or performance of relocations by the Government, the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for the costs of cleanup and response in accordance with Article XV.C. of this Agreement. F. At the conclusion of the period of initial construction, the Government shall perform a final accounting in accordance with Article VI.D. of this Agreement to determine the contributions provided by the Non-Federal Sponsor toward the total costs of initial construction and costs due to betterments, performed during the period of initial construction, in accordance with paragraphs B., D., and E. of this Article and Articles V, X, and XV.A. of this Agreement and to determine whether the Non-Federal Sponsor has met its obligations under paragraphs B., D., and E. of this Article incurred during the period of initial construction. G. For each iteration of periodic nourishment, the Non-Federal Sponsor shall contribute 35 percent of the total costs of periodic nourishment assigned by the Government to hurricane and storm damage reduction, plus 50 percent of the separable costs of total costs of periodic nourishment assigned by the Government to recreation, plus 100 percent of the total costs of periodic nourishment assigned by the Government to privately owned shores (where use of such shores is limited to private interests) (hereinafter the "Non-Federal Sponsor’s share of total costs of periodic nourishment") in accordance with the provisions of this paragraph. 1. In accordance with Article III of this Agreement, the Non-Federal Sponsor shall provide all lands, easements, rights-of-way, and suitable borrow and dredged or excavated material disposal areas that the Government determines the Non-Federal Sponsor must provide for each iteration of periodic nourishment, and shall perform or ensure performance of all relocations that the Government determines to be necessary for the iteration of periodic nourishment. 2. If the Government projects that the value of the Non-Federal Sponsor's contributions under paragraph G.1 of this Article and of the Non-Federal Sponsor's contributions attributable to periodic nourishment under Articles V., X. and XV.A. of this Agreement will be less than the Non-Federal Sponsor’s share of total costs of periodic nourishment, the Non- Federal Sponsor shall provide an additional cash contribution, in accordance with Article VI.B. of this Agreement, in the amount necessary to make the Non-Federal Sponsor's total contribution equal to the Non-Federal Sponsor’s share of total costs of periodic nourishment. 3. If the Government determines that the value of the Non-Federal Sponsor's contributions provided under paragraphs G.1 and G.2 of this Article and of the Non-Federal Sponsor's contributions attributable to periodic nourishment under Articles V., X. and XV.A. of this Agreement has exceeded the Non-Federal Sponsor’s share of total costs of periodic nourishment, the Government, subject to the availability of funds, shall reimburse the Non- Federal Sponsor for any such value in excess of the Non-Federal Sponsor’s share of total costs of periodic nourishment. After such a determination, the Government, in its sole discretion, may provide any remaining periodic nourishment lands, easements, rights-of-way, and suitable B-8 borrow and dredged or excavated material disposal areas and perform any remaining periodic nourishment relocations on behalf of the Non-Federal Sponsor. H. The Government, in accordance with Federal laws, regulations, and policies, shall assign all costs included or to be included in total costs of initial construction and total costs of periodic nourishment to one or more of the following project purposes: hurricane and storm damage reduction, recreation, or privately owned shores (where use of such shores is limited to private interests). I. For each periodic nourishment period, the Government shall perform a final accounting in accordance with Article VI.F. of this Agreement to determine the contributions provided by the Non-Federal Sponsor toward the total costs of periodic nourishment and costs due to betterments, performed during that periodic nourishment period, in accordance with paragraphs B., E., and G. of this Article and Articles X. and XV.A. of this Agreement and to determine whether the Non-Federal Sponsor has met its obligations under paragraphs B., E., and G. of this Article incurred during that periodic nourishment period. J. In the event the completed initial construction, or any functional portion of the initial construction, is damaged or destroyed by a storm or other natural forces, the Government, subject to the availability of funds and Article II.A. of this Agreement, shall place suitable beach fill material within the area of the completed initial construction, or the functional portion of the initial construction, as periodic nourishment. The costs of such placement shall be included in the total costs of periodic nourishment and cost shared in accordance with Article II.G. of this Agreement. In the event an uncompleted portion of the initial construction is damaged or destroyed by a storm or other natural forces, the Government, subject to the availability of funds, shall place suitable beach fill material within the area of the uncompleted initial construction as initial construction. The costs of such placement shall be included in the total costs of initial construction and cost shared in accordance with Article II.D. of this Agreement. Nothing in this paragraph shall relieve the Non-Federal Sponsor of its obligations under Article VIII of this Agreement. Nothing in this paragraph shall preclude the Government from using Public Law 84-99 to accomplish any emergency repair and restoration work of the completed initial construction, or a functional portion of the initial construction. K. The Non-Federal Sponsor shall not use Federal funds to meet the Non-Federal Sponsor’s share of total costs of initial construction or the Non-Federal Sponsor’s share of total costs of periodic nourishment under this Agreement unless the Federal granting agency verifies in writing that the expenditure of such funds is expressly authorized by statute. L. The Non-Federal Sponsor agrees to participate in and comply with applicable Federal floodplain management and flood insurance programs. M. Not less than once each year the Non-Federal Sponsor shall inform affected interests of the extent of protection afforded by the Project. N. The Non-Federal Sponsor shall publicize flood plain information in the area concerned and shall provide this information to zoning and other regulatory agencies for their B-9 use in preventing unwise future development in the flood plain and in adopting such regulations as may be necessary to prevent unwise future development and to ensure compatibility with protection levels provided by the Project. O. The Non-Federal Sponsor shall ensure to the extent of its powers that water pollution which would endanger the health of bathers will not be permitted. P. The Non-Federal Sponsor shall ensure continued conditions of public ownership and use of the shore upon which the amount of Federal participation is based during the economic life of the project. Q. The Non-Federal Sponsor shall provide and maintain necessary access roads, parking areas, and other public use facilities open and available to all on equal terms. R. In accordance with Article VIII.A. of this Agreement, the Non-Federal Sponsor shall maintain and repair the protective measures and/or structures during the economic life of the Project as required to serve the intended purposes at their design levels of hurricane and storm damage protection and in accordance with regulations prescribed by the Secretary of the Army. S. The Non-Federal Sponsor shall prevent future encroachments on Project lands, easements, and rights-of-way which might interfere with the proper functioning of the Project. T. The Non-Federal Sponsor shall prescribe and enforce regulations to prevent obstruction of or encroachment on the Project that would reduce the level of protection it affords of that would hinder operation or maintenance of the Project. ARTICLE III - LANDS, RELOCATIONS, DISPOSAL AREAS, AND PUBLIC LAW 91-646 COMPLIANCE A. The Government, after consultation with the Non-Federal Sponsor, shall determine the lands, easements, and rights-of-way required for the initial construction, periodic nourishment, operation, and maintenance of the Project, including those required for relocations, borrow materials, and dredged or excavated material disposal. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate, of the lands, easements, and rights-of-way that the Government determines the Non-Federal Sponsor must provide, in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non-Federal Sponsor with a written notice to proceed with acquisition of such lands, easements, and rights-of-way. Prior to the end of the period of initial construction, the Non-Federal Sponsor shall acquire all lands, easements, and rights-of-way required for the initial construction, operation, or maintenance of the Project set forth in such descriptions. Prior to the end of each periodic nourishment period, the Non-Federal Sponsor shall acquire all lands, easements, and rights-of-way required for the periodic nourishment period, as set forth in such descriptions. Furthermore, prior to issuance of the solicitation for each contract for initial construction or periodic nourishment, the Non-Federal B-10 Sponsor shall provide the Government with authorization for entry to all lands, easements, and rights-of-way the Government determines the Non-Federal Sponsor must provide for that contract. For so long as the Project remains authorized, the Non-Federal Sponsor shall ensure that lands, easements, and rights-of-way that the Government determines to be required for the operation and maintenance of the Project and that were provided by the Non-Federal Sponsor are retained in public ownership for uses compatible with the authorized purposes of the Project. B. The Government, after consultation with the Non-Federal Sponsor, shall determine the improvements required on lands, easements, and rights-of-way to enable the proper disposal of dredged or excavated material associated with the initial construction, periodic nourishment, operation, and maintenance of the Project. Such improvements may include, but are not necessarily limited to, retaining dikes, wasteweirs, bulkheads, embankments, monitoring features, stilling basins, and de-watering pumps and pipes. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions of such improvements in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non-Federal Sponsor with a written notice to proceed with construction of such improvements. Prior to the end of the period of initial construction, the Non-Federal Sponsor shall provide all improvements required for the initial construction, operation, or maintenance of the Project, set forth in such descriptions. Prior to the end of each periodic nourishment period, the Non-Federal Sponsor shall provide all improvements required for the periodic nourishment period, as set forth in such descriptions. Furthermore, prior to issuance of the solicitation for each Government contract for initial construction or periodic nourishment, the Non-Federal Sponsor shall prepare plans and specifications for all improvements the Government determines to be required for the proper disposal of dredged or excavated material under that contract, submit such plans and specifications to the Government for approval, and provide such improvements in accordance with the approved plans and specifications. C. The Government, after consultation with the Non-Federal Sponsor, shall determine the relocations necessary for the initial construction, periodic nourishment, operation, and maintenance of the Project, including those necessary to enable the removal of borrow materials and the proper disposal of dredged or excavated material. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate, of such relocations in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non-Federal Sponsor with a written notice to proceed with such relocations. Prior to the end of the period of initial construction, the Non-Federal Sponsor shall perform or ensure the performance of all relocations required for the initial construction, operation, or maintenance of the Project as set forth in such descriptions. Prior to the end of each periodic nourishment period, the Non-Federal Sponsor shall perform or ensure the performance of all relocations required for the periodic nourishment period, as set forth in such descriptions. Furthermore, prior to issuance of the solicitation for each Government contract for initial construction or periodic nourishment, the Non-Federal Sponsor shall prepare or ensure the preparation of plans and specifications for, and perform or ensure the performance of, all relocations the Government determines to be necessary for that contract. B-11 D. The Non-Federal Sponsor in a timely manner shall provide the Government with such documents as are sufficient to enable the Government to determine the value of any contribution provided pursuant to paragraphs A., B., or C. of this Article. Upon receipt of such documents the Government, in accordance with Article IV of this Agreement and in a timely manner, shall determine the value of such contribution, include such value in total project costs, and afford credit for such value toward the Non-Federal Sponsor’s share of total costs of initial construction or the Non-Federal Sponsor’s share of total costs of periodic nourishment. E. The Non-Federal Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17), and the Uniform Regulations contained in 49 C.F.R. Part 24, in acquiring lands, easements, and rights-of-way required for the initial construction, periodic nourishment, operation, and maintenance of the Project, including those necessary for relocations, borrow materials, and dredged or excavated material disposal, and shall inform all affected persons of applicable benefits, policies, and procedures in connection with said Act. ARTICLE IV - CREDIT FOR VALUE OF LANDS, RELOCATIONS, AND DISPOSAL AREAS A. The Non-Federal Sponsor shall receive credit toward its share of total costs of initial construction for the value of the lands, easements, rights-of-way, and suitable borrow and dredged or excavated material disposal areas that the Non-Federal Sponsor must provide for initial construction, operation, and maintenance of the Project pursuant to Article III of this Agreement, and for the value of the relocations that the Non-Federal Sponsor must perform or for which it must ensure performance for initial construction, operation, and maintenance of the Project pursuant to Article III of this Agreement. The Non-Federal Sponsor shall receive credit toward the Non-Federal Sponsor’s share of total costs of periodic nourishment for the value of the additional lands, easements, rights-of-way, and suitable borrow and dredged or excavated material disposal areas that the Non-Federal Sponsor must provide for periodic nourishment of the Project pursuant to Article III of this Agreement, and for the value of the additional relocations that the Non-Federal Sponsor must perform or for which it must ensure performance for periodic nourishment of the Project pursuant to Article III of this Agreement. However, the Non-Federal Sponsor shall not receive credit for the value of any lands, easements, rights-of- way, relocations, or borrow and dredged or excavated material disposal areas that have been provided previously as an item of cooperation for another Federal project. The Non-Federal Sponsor also shall not receive credit for the value of lands, easements, rights-of-way, relocations, or borrow and dredged or excavated material disposal areas to the extent that such items are provided using Federal funds unless the Federal granting agency verifies in writing that such credit is expressly authorized by statute. B. For the sole purpose of affording credit in accordance with this Agreement, the value of lands, easements, and rights-of-way, including those necessary for relocations, borrow materials, and dredged or excavated material disposal, shall be the fair market value of the real B-12 property interests, plus certain incidental costs of acquiring those interests, as determined in accordance with the provisions of this paragraph. 1. Date of Valuation. The fair market value of lands, easements, or rights-of- way owned by the Non-Federal Sponsor on the effective date of this Agreement shall be the fair market value of such real property interests as of the date the Non-Federal Sponsor provides the Government with authorization for entry thereto. The fair market value of lands, easements, or rights-of-way acquired by the Non-Federal Sponsor after the effective date of this Agreement shall be the fair market value of such real property interests at the time the interests are acquired. 2. General Valuation Procedure. Except as provided in paragraph B.3. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with paragraph B.2.a. of this Article, unless thereafter a different amount is determined to represent fair market value in accordance with paragraph B.2.b. of this Article. a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non- Federal Sponsor and the Government. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. The fair market value shall be the amount set forth in the Non-Federal Sponsor's appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor's appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor's second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor's second appraisal, or the Non-Federal Sponsor chooses not to obtain a second appraisal, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government's appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government's appraisal, the Government, after consultation with the Non-Federal Sponsor, shall consider the Government's and the Non-Federal Sponsor's appraisals and determine an amount based thereon, which shall be deemed to be the fair market value. b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph B.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph B.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph B.2.a. of this Article. 3. Eminent Domain Valuation Procedure. For lands, easements, or rights-of- way acquired by eminent domain proceedings instituted after the effective date of this Agreement, the Non-Federal Sponsor shall, prior to instituting such proceedings, submit to the Government notification in writing of its intent to institute such proceedings and an appraisal of B-13 the specific real property interests to be acquired in such proceedings. The Government shall have 60 days after receipt of such a notice and appraisal within which to review the appraisal, if not previously approved by the Government in writing. a. If the Government previously has approved the appraisal in writing, or if the Government provides written approval of, or takes no action on, the appraisal within such 60-day period, the Non-Federal Sponsor shall use the amount set forth in such appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. b. If the Government provides written disapproval of the appraisal, including the reasons for disapproval, within such 60-day period, the Government and the Non- Federal Sponsor shall consult in good faith to promptly resolve the issues or areas of disagreement that are identified in the Government's written disapproval. If, after such good faith consultation, the Government and the Non-Federal Sponsor agree as to an appropriate amount, then the Non-Federal Sponsor shall use that amount as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. If, after such good faith consultation, the Government and the Non-Federal Sponsor cannot agree as to an appropriate amount, then the Non-Federal Sponsor may use the amount set forth in its appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. c. For lands, easements, or rights-of-way acquired by eminent domain proceedings instituted in accordance with sub-paragraph B.3. of this Article, fair market value shall be either the amount of the court award for the real property interests taken, to the extent the Government determined such interests are required for the construction, operation, and maintenance of the Project, or the amount of any stipulated settlement or portion thereof that the Government approves in writing. 4. Incidental Costs. For lands, easements, or rights-of-way acquired by the Non-Federal Sponsor within a five-year period preceding the effective date of this Agreement, or at any time after the effective date of this Agreement, the value of the interest shall include the documented incidental costs of acquiring the interest, as determined by the Government, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of costs. Such incidental costs shall include, but not necessarily be limited to, closing and title costs, appraisal costs, survey costs, attorney's fees, plat maps, and mapping costs, as well as the actual amounts expended for payment of any Public Law 91-646 relocation assistance benefits provided in accordance with Article III.E. of this Agreement. C. After consultation with the Non-Federal Sponsor, the Government shall determine the value of relocations in accordance with the provisions of this paragraph. 1. For a relocation other than a highway, the value shall be only that portion of relocation costs that the Government determines is necessary to provide a functionally equivalent facility, reduced by depreciation, as applicable, and by the salvage value of any removed items. B-14 2. For a relocation of a highway, the value shall be only that portion of relocation costs that would be necessary to accomplish the relocation in accordance with the design standard that the State of Georgia would apply under similar conditions of geography and traffic load, reduced by the salvage value of any removed items. 3. Relocation costs shall include, but not necessarily be limited to, actual costs of performing the relocation; planning, engineering and design costs; supervision and administration costs; and documented incidental costs associated with performance of the relocation, but shall not include any costs due to betterments, as determined by the Government, nor any additional cost of using new material when suitable used material is available. Relocation costs shall be subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of costs. D. The value of the improvements made to lands, easements, and rights-of-way for the proper disposal of dredged or excavated material shall be the costs of the improvements, as determined by the Government, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of costs. Such costs shall include, but not necessarily be limited to, actual costs of providing the improvements; planning, engineering and design costs; supervision and administration costs; and documented incidental costs associated with providing the improvements, but shall not include any costs due to betterments, as determined by the Government. ARTICLE V - PROJECT COORDINATION TEAM A. To provide for consistent and effective communication, the Non-Federal Sponsor and the Government, not later than 30 days after the effective date of this Agreement, shall appoint named senior representatives to a Project Coordination Team. Thereafter, the Project Coordination Team shall meet regularly until the end of the period of construction. The Government's Project Manager and a counterpart named by the Non-Federal Sponsor shall co- chair the Project Coordination Team. B. The Government's Project Manager and the Non-Federal Sponsor's counterpart shall keep the Project Coordination Team informed of the progress of construction and of significant pending issues and actions, and shall seek the views of the Project Coordination Team on matters that the Project Coordination Team generally oversees. C. Until the end of the period of initial construction and during each periodic nourishment period, the Project Coordination Team shall generally oversee the Project, including issues related to design; plans and specifications; scheduling; real property and relocation requirements; real property acquisition; contract awards and modifications; contract costs; the Government's cost projections; final inspection of the entire Project or functional portions of the Project; preparation of the proposed OMRR&R Manual; anticipated requirements and needed capabilities for performance of operation, maintenance, repair, replacement, and rehabilitation of the Project; and other related matters. This oversight shall be consistent with a project management plan developed by the Government after consultation with the Non-Federal Sponsor. B-15 D. The Project Coordination Team may make recommendations that it deems warranted to the District Engineer on matters that the Project Coordination Team generally oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Project Coordination Team. The Government, having the legal authority and responsibility for construction of the Project, has the discretion to accept, reject, or modify the Project Coordination Team's recommendations. E. The costs of participation in the Project Coordination Team shall be included in total costs of initial construction and total costs of periodic nourishment, as appropriate, and cost shared in accordance with the provisions of this Agreement. ARTICLE VI - METHOD OF PAYMENT A. The Government shall maintain current records of contributions provided by the parties and current projections of total project costs, total costs of initial construction, total costs of periodic nourishment, and costs due to betterments. At least quarterly, the Government shall provide the Non-Federal Sponsor with a report setting forth all contributions provided to date and the current projections of total project costs, of total costs of initial construction, of total costs of periodic nourishment, of total costs due to betterments, of the components of total project costs, of each party’s share of initial construction, of each party’s share of periodic nourishment, of the Non-Federal Sponsor's total cash contributions required in accordance with Articles II.B., II.D., II.E., and II.G. of this Agreement, and of the non-Federal proportionate share of financial obligations for initial construction, and the non-Federal proportionate share of financial obligations for periodic nourishment. On the effective date of this Agreement, total project costs are projected to be $21,004,000, total costs of initial construction are projected to be $8,949,000, and total costs of periodic nourishment are projected to be $12,057,000. The Non- Federal Sponsor's cash contribution required under Article II.D. of this Agreement is projected to be $3,570,000. The Non-Federal Sponsor’s cash contribution required under Article II.G. of this Agreement is projected to be $4,811,000. Such amounts are estimates subject to adjustment by the Government and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. B. The Non-Federal Sponsor shall provide the cash contribution required under Article II.D.2. of this Agreement in accordance with the following provisions. Not less than 45 calendar days prior to the scheduled date for issuance of the solicitation for the first contract for initial construction, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and the funds the Government determines to be required from the Non-Federal Sponsor to meet its projected cash contribution under Article II.D.2. of this Agreement. Not later than such scheduled date, the Non-Federal Sponsor shall provide the Government with the full amount of the required funds by delivering a check payable to "FAO, USAED, Savannah" to the District Engineer or verify to the satisfaction of the Government that the Non-Federal Sponsor has deposited the required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsor, or present the Government with an irrevocable letter of credit acceptable to the Government for the required funds, or provide an Electronic Funds Transfer in accordance with procedures established by the Government. The B-16 Government shall draw from the funds provided by the Non-Federal Sponsor such sums as the Government deems necessary to cover: (a) the non-Federal proportionate share of financial obligations for initial construction incurred prior to the commencement of the period of initial construction; and (b) the non-Federal proportionate share of financial obligations for initial construction as they are incurred during the period of initial construction. In the event the Government determines that the Non-Federal Sponsor must provide additional funds to meet the Non-Federal Sponsor's cash contribution, the Government shall notify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 30 calendar days thereafter, the Non-Federal Sponsor shall provide the Government with the full amount of the additional required funds through any of the payment mechanisms specified above. C. In advance of the Government incurring any financial obligation associated with additional work under Article II.B. or II.E. of this Agreement, the Non-Federal Sponsor shall provide the Government with the full amount of the funds required to pay for such additional work through any of the payment mechanisms specified in paragraph B. of this Article. The Government shall draw from the funds provided by the Non-Federal Sponsor such sums as the Government deems necessary to cover the Government's financial obligations for such additional work as they are incurred. In the event the Government determines that the Non-Federal Sponsor must provide additional funds to meet its cash contribution, the Government shall notify the Non-Federal Sponsor in writing of the additional funds required together with an explanation of why additional funds are required. Within 30 calendar days thereafter, the Non-Federal Sponsor shall provide the Government with the full amount of the additional required funds through any of the payment mechanisms specified in paragraph B. of this Article. D. Upon completion of the period of initial construction or termination of this Agreement, and upon resolution of all relevant claims and appeals relevant to initial construction, the Government shall conduct a final accounting and furnish the Non-Federal Sponsor with the results of the final accounting. The final accounting shall determine total costs of initial construction, each party's contribution provided thereto, and each party's required share thereof. The final accounting also shall determine costs due to betterments performed during the period of initial construction and the Non-Federal Sponsor's cash contribution provided pursuant to Article II.B. of this Agreement. 1. In the event the final accounting shows that the total contribution provided by the Non-Federal Sponsor is less than its required share of total costs of initial construction plus costs due to any betterments provided in accordance with Article II.B. of this Agreement and performed during the period of initial construction, the Non-Federal Sponsor shall, no later than 90 calendar days after receipt of written notice, make a cash payment to the Government of whatever sum is required to meet the Non-Federal Sponsor’s required share of total costs of initial construction plus costs due to any betterments provided in accordance with Article II.B. of this Agreement and performed during the period of initial construction. 2. In the event the final accounting shows that the total contribution provided by the Non-Federal Sponsor exceeds its required share of total costs of initial construction plus costs due to any betterments provided in accordance with Article II.B. of this Agreement and B-17 performed during the period of initial construction, the Government shall, subject to the availability of funds, refund the excess to the Non-Federal Sponsor no later than 90 calendar days after the final accounting is complete. In the event existing funds are not available to refund the excess to the Non-Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund. E. The Non-Federal Sponsor shall provide the cash contribution required under Article II.G.2. of this Agreement in accordance with the provisions of this paragraph. 1. Not less than 45 calendar days prior to the scheduled date for issuance of the solicitation for the first contract for periodic nourishment during each periodic nourishment period, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and the funds the Government determines to be required for the Non-Federal Sponsor to meet the non-Federal proportionate share of projected financial obligations for periodic nourishment through the first fiscal year of the periodic nourishment period, including the non-Federal proportionate share of financial obligations for periodic nourishment incurred prior to the commencement of the periodic nourishment period. Not later than such scheduled date, the Non- Federal Sponsor shall provide the Government with the full amount of the required funds by delivering a check payable to "FAO, USAED, Savannah" to the District Engineer or verify to the satisfaction of the Government that the Non-Federal Sponsor has deposited the required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non- Federal Sponsor, or present the Government with an irrevocable letter of credit acceptable to the Government for the required funds, or provide an Electronic Funds Transfer in accordance with procedures established by the Government. 2. For the second and subsequent fiscal years of each periodic nourishment period, the Government shall notify the Non-Federal Sponsor in writing, no later than 60 calendar days prior to the beginning of that fiscal year, of the funds the Government determines to be required from the Non-Federal Sponsor to meet the non-Federal proportionate share of projected financial obligations for periodic nourishment for that fiscal year. No later than 30 calendar days prior to the beginning of the fiscal year, the Non-Federal Sponsor shall make the full amount of the required funds for that fiscal year available to the Government through any of the payment mechanisms specified in paragraph E.1. of this Article. 3. The Government shall draw from the funds provided by the Non-Federal Sponsor such sums as the Government deems necessary to cover: (a) the non-Federal proportionate share of financial obligations for periodic nourishment incurred prior to the commencement of each periodic nourishment period which have not been accounted for in a previous periodic nourishment period; and (b) the non-Federal proportionate share of financial obligations for periodic nourishment as they are incurred during the periodic nourishment period. 4. If at any time during the periodic nourishment period the Government determines that additional funds will be needed from the Non-Federal Sponsor to cover the non- Federal proportionate share of projected financial obligations for periodic nourishment for the current fiscal year, the Government shall notify the Non-Federal Sponsor in writing of the additional funds required together with an explanation of why additional funds are required, and B-18 B-19 the Non-Federal Sponsor, no later than 60 calendar days from receipt of such notice, shall make the additional required funds available through any of the payment mechanisms specified in paragraph E.1. of this Article. F. Upon completion of each periodic nourishment period or termination of this Agreement during the authorized periodic nourishment period, and upon resolution of all claims and appeals relevant to the periodic nourishment, the Government shall conduct a final accounting and furnish the Non-Federal Sponsor with the results of the final accounting. The final accounting shall determine total costs of periodic nourishment, each party's contribution provided thereto, and each party's required share thereof. The final accounting also shall determine costs due to betterments performed during the periodic nourishment period and the Non-Federal Sponsor's cash contribution provided pursuant to Article II.B. of this Agreement. 1. In the event the final accounting shows that the total contribution provided by the Non-Federal Sponsor is less than its required share of total costs of periodic nourishment plus costs due to any betterments provided in accordance with Article II.B. of this Agreement and performed during the periodic nourishment period, the Non-Federal Sponsor shall, no later than 90 calendar days after receipt of written notice, make a cash payment to the Government of whatever sum is required to meet the Non-Federal Sponsor’s required share of total costs of periodic nourishment plus costs due to any betterments provided in accordance with Article II.B. of this Agreement and performed during the periodic nourishment period. 2. In the event the final accounting shows that the total contribution provided by the Non-Federal Sponsor exceeds its required share of total costs of periodic nourishment plus costs due to any betterments provided in accordance with Article II.B. of this Agreement and performed during the periodic nourishment period, the Government shall, subject to the availability of funds, refund the excess to the Non-Federal Sponsor no later than 90 calendar days after the final accounting is complete. In the event existing funds are not available to refund the excess to the Non-Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund. ARTICLE VII - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay 50 percent of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VIII - OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, AND REHABILITATION (OMRR&R) A. Upon notification in accordance with Article II.C. of this Agreement and for so long as the Project remains authorized, the Non-Federal Sponsor shall operate, maintain, repair, replace, and rehabilitate the entire Project or the functional portion of the Project, at no cost to the Government, in a manner compatible with the Project's authorized purposes and in accordance with applicable Federal and State laws as provided in Article XI of this Agreement and specific directions prescribed by the Government in the OMRR&R Manual and any subsequent amendments thereto. Beginning in the sixth year following the end of the period of initial construction, at least annually the Non-Federal Sponsor shall monitor the beach profile to determine losses of nourishment material from the Project design section and provide the results of such monitoring to the Government. B. The Non-Federal Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor owns or controls for access to the Project for the purpose of inspection and, if necessary, for the purpose of completing, operating, maintaining, repairing, replacing, or rehabilitating the Project. If an inspection shows that the Non-Federal Sponsor for any reason is failing to perform its obligations under this Agreement, the Government shall send a written notice describing the non- performance to the Non-Federal Sponsor. If, after 30 calendar days from receipt of notice, the Non-Federal Sponsor continues to fail to perform, then the Government shall have the right to enter, at reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor owns or controls for access to the Project for the purpose of completing, operating, maintaining, repairing, replacing, or rehabilitating the Project. No completion, operation, maintenance, repair, replacement, or rehabilitation by the Government shall operate to relieve the Non-Federal Sponsor of responsibility to meet the Non-Federal Sponsor's obligations as set forth in this Agreement, or to preclude the Government from pursuing any other remedy at law or equity to ensure faithful performance pursuant to this Agreement. ARTICLE IX - INDEMNIFICATION The Non-Federal Sponsor shall hold and save the Government free from all damages arising from the construction, operation, maintenance, repair, replacement, and rehabilitation of the Project and any Project-related betterments, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT A. Not later than 60 calendar days after the effective date of this Agreement, the Government and the Non-Federal Sponsor shall develop procedures for keeping books, records, documents, and other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedures shall incorporate, and apply as appropriate, the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants B-20 B-21 and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The Government and the Non-Federal Sponsor shall maintain such books, records, documents, and other evidence in accordance with these procedures and for a minimum of three years after the conclusion of the period of initial construction and each periodic nourishment period and resolution of all relevant claims arising therefrom. To the extent permitted under applicable Federal laws and regulations, the Government and the Non-Federal Sponsor shall each allow the other to inspect such books, documents, records, and other evidence. B. Pursuant to 32 C.F.R. Section 33.26, the Non-Federal Sponsor is responsible for complying with the Single Audit Act of 1984, 31 U.S.C. Sections 7501-7507, as implemented by Office of Management and Budget (OMB) Circular No. A-133 and Department of Defense Directive 7600.10. Upon request of the Non-Federal Sponsor and to the extent permitted under applicable Federal laws and regulations, the Government shall provide to the Non-Federal Sponsor and independent auditors any information necessary to enable an audit of the Non- Federal Sponsor's activities under this Agreement. The costs of any Non-Federal Sponsor audits performed in accordance with this paragraph shall be allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated to the Project shall be included in total costs of initial construction and total costs of periodic nourishment, as applicable, and cost shared in accordance with the provisions of this Agreement. C. In accordance with 31 U.S.C. Section 7503, the Government may conduct audits in addition to any audit that the Non-Federal Sponsor is required to conduct under the Single Audit Act. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits performed in accordance with this paragraph shall be included in total costs of initial construction and total costs of periodic nourishment, as applicable, and cost shared in accordance with the provisions of this Agreement. ARTICLE XI - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Non-Federal Sponsor and the Government agree to comply with all applicable Federal and State laws and regulations, including, but not limited to, Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d), and Department of Defense Directive 5500.11 issued pursuant thereto, as well as Army Regulations 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army", and Section 402 of the Water Resources Development Act of 1986, amended (33 U.S.C. 701b- 12) requiring Non-Federal Sponsor’s preparation and implementation of flood plain management plans. ARTICLE XII - RELATIONSHIP OF PARTIES A. In the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. B. In the exercise of its rights and obligations under this Agreement, neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights such other party may have to seek relief or redress against such contractor either pursuant to any cause of action that such other party may have or for violation of any law. ARTICLE XIII - OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress, nor any resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE XIV - TERMINATION OR SUSPENSION A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under Article II.B., II.D., II.E., II.G., VI, or XVIII.C. of this Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this Agreement or suspend future performance under this Agreement unless he determines that continuation of work on the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non-Federal interests in connection with the Project. B. If the Government fails to receive annual appropriations in amounts sufficient to meet Project expenditures for the then-current or upcoming fiscal year, the Government shall so notify the Non-Federal Sponsor in writing, and 60 calendar days thereafter either party may elect without penalty to terminate this Agreement or to suspend future performance under this Agreement. In the event that either party elects to suspend future performance under this Agreement pursuant to this paragraph, such suspension shall remain in effect until such time as the Government receives sufficient appropriations or until either the Government or the Non- Federal Sponsor elects to terminate this Agreement. C. In the event that either party elects to terminate this Agreement pursuant to this Article or Article XV of this Agreement, both parties shall conclude their activities relating to the Project and proceed to a final accounting in accordance with Article VI.D. or VI.F. of this Agreement. D. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article or Article XV of this Agreement shall not relieve the parties of liability for any obligation previously incurred. Any delinquent payment from the Non-Federal Sponsor shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13-week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or B-22 auctioned immediately prior to the beginning of each additional 3-month period if the period of delinquency exceeds 3 months. ARTICLE XV - HAZARDOUS SUBSTANCES A. After execution of this Agreement and upon direction by the District Engineer, the Non-Federal Sponsor shall perform, or cause to be performed, any investigations for hazardous substances that the Government or the Non-Federal Sponsor determines to be necessary to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (hereinafter "CERCLA"), 42 U.S.C. Sections 9601-9675, that may exist in, on, or under lands, easements, and rights-of-way that the Government determines, pursuant to Article III of this Agreement, to be required for the initial construction, periodic nourishment, operation, and maintenance of the Project. However, for lands that the Government determines to be subject to the navigation servitude, only the Government shall perform such investigations unless the District Engineer provides the Non-Federal Sponsor with prior specific written direction, in which case the Non- Federal Sponsor shall perform such investigations in accordance with such written direction. 1. All actual costs incurred by the Non-Federal Sponsor or the Government during the period of initial construction for such investigations for hazardous substances shall be included in the total costs of initial construction and cost shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of costs. 2. All actual costs incurred by the Non-Federal Sponsor or the Government during each period of periodic nourishment for such investigations for hazardous substances shall be included in the total costs of periodic nourishment and cost shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of costs. B. In the event it is discovered through any investigation for hazardous substances or other means that hazardous substances regulated under CERCLA exist in, on, or under any lands, easements, or rights-of-way that the Government determines, pursuant to Article III of this Agreement, to be required for the initial construction, periodic nourishment, operation, and maintenance of the Project, the Non-Federal Sponsor and the Government shall provide prompt written notice to each other, and the Non-Federal Sponsor shall not proceed with the acquisition of the real property interests until both parties agree that the Non-Federal Sponsor should proceed. C. The Government and the Non-Federal Sponsor shall determine whether to initiate initial construction or periodic nourishment of the Project, or, if already in initial construction or periodic nourishment, whether to continue with work on the Project, suspend future performance under this Agreement, or terminate this Agreement for the convenience of the Government, in any case where hazardous substances regulated under CERCLA are found to exist in, on, or under any lands, easements, or rights-of-way that the Government determines, pursuant to Article III of this Agreement, to be required for the initial construction, periodic nourishment, operation, and maintenance of the Project. Should the Government and the Non-Federal Sponsor B-23 determine to initiate or continue with construction after considering any liability that may arise under CERCLA, the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for the costs of clean-up and response, to include the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of total project costs. In the event the Non-Federal Sponsor fails to provide any funds necessary to pay for clean up and response costs or to otherwise discharge the Non-Federal Sponsor's responsibilities under this paragraph upon direction by the Government, the Government may, in its sole discretion, either terminate this Agreement for the convenience of the Government, suspend future performance under this Agreement, or continue work on the Project. D. The Non-Federal Sponsor and the Government shall consult with each other in accordance with Article V of this Agreement in an effort to ensure that responsible parties bear any necessary clean up and response costs as defined in CERCLA. Any decision made pursuant to paragraph C. of this Article shall not relieve any third party from any liability that may arise under CERCLA. E. As between the Government and the Non-Federal Sponsor, the Non-Federal Sponsor shall be considered the operator of the Project for purposes of CERCLA liability. To the maximum extent practicable, the Non-Federal Sponsor shall operate, maintain, repair, replace, and rehabilitate the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE XVI - NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and either delivered personally or by telegram or mailed by first-class, registered, or certified mail, as follows: If to the Non-Federal Sponsor: City of Tybee Island Attn: Mayor, City of Tybee Island P.O. Box 2749 Tybee Island, Georgia 31328 If to the Government: District Engineer U.S. Army Corps of Engineers Savannah District Attn: CESAS-PM-C P.O. Box 889 Savannah, Georgia 31402-0889 B-24 B-25 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XVII - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XVIII - HISTORIC PRESERVATION A. The costs of identification, survey and evaluation of historic properties shall be included in total costs of initial construction and total costs of periodic nourishment, as applicable, and cost shared in accordance with the provisions of this Agreement. B. As specified in Section 7(a) of Public Law 93-291 (16 U.S.C. Section 469c(a)), the costs of mitigation and data recovery activities associated with historic preservation shall be borne entirely by the Government and shall not be included in total project costs, up to the statutory limit of one percent of the total amount authorized to be appropriated for the Project. C. The Government shall not incur costs for mitigation and data recovery that exceed the statutory one percent limit specified in paragraph B. of this Article unless and until the Assistant Secretary of the Army (Civil Works) has waived that limit in accordance with Section 208(3) of Public Law 96-515 (16 U.S.C. Section 469c-2(3)). Any costs of mitigation and data recovery that exceed the one percent limit shall not be included in total project costs but shall be cost shared between the Non-Federal Sponsor and the Government consistent with the minimum Non-Federal Sponsor’s cost sharing requirements for the hurricane and storm damage reduction purpose, as follows: 35 percent borne by the Non-Federal Sponsor, and 65 percent borne by the Government. B-26 B-27 B-28 B-28 APPENDIX C ER 1110-2-2902 PRESCRIBED PROCEDURES FOR THE MAINTENANCE AND OPERATION OF SHORE PROTECTION WORKS 30 June 1989 C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 APPENDIX D SECTION 208.10 TITLE 33 TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER II- CORPS OF ENGINEERS, WAR DEPARTMENT PART 208 - FLOOD CONTROL REGULATIONS MAINTENANCE AND OPERATION OF FLOOD CONTROL WORKS Pursuant to the provisions of section 3 of the Act of Congress approved June 22, 1936, as amended and supplemented (49 Stat. 1571; 50 Stat. 877; and 55 Stat. 638; 33 U. S. C. 701c-1), the following regulations are hereby prescribed to govern the maintenance and operation of flood control works: Section 208.10: Local flood protection works; Maintenance and operation of structures and facilities. (A) General. (1) The structures and facilities constructed by the United States for local flood protection shall be continuously maintained in such a manner and operated at such times and for such periods as may be necessary to obtain the maximum benefits. (2) The State, political subdivision thereof, or other responsible local agency which furnished assurance that it will maintain and operate flood control works in accordance with regulations prescribed by the Secretary of War, as required by law, shall appoint a permanent committee consisting of or headed by an official hereinafter called the "Superintendent," who shall be responsible for the development and maintenance of and directly in charge of, an organization responsible for the efficient operation and maintenance of all of the structures and facilities during flood periods and for continuous inspection and maintenance of the project works during periods of low water, and without cost to the United States. (3) A reserve supply of materials needed during a flood emergency shall be kept on hand at all times. (4) No encroachment or trespass which will adversely affect the efficient operation or maintenance of the project works shall or separate useful part thereof, to assist them in carrying out their obligations under these regulations. (5) No improvement shall be passed over, under, or through the walls, levees, improved channels or floodways, nor shall any excavation or construction be permitted within the limits of the project right-of-way, nor shall any change be made in any feature of the works without prior determination by the District Engineer of the War Department or his authorized representative that such improvement, excavation, construction, or alteration will not adversely affect the functioning of the protective facilities. such improvements or alterations as may be found to be desirable and permissible under the above determination shall be constructed in accordance with D-1 standard engineering practice. Advice regarding the effect of proposed improvements or alterations on the functioning of the project and information concerning methods of construction acceptable under standard engineering practice shall be obtained from the District Engineer or, if otherwise obtained, shall be submitted for his approval. Drawings or prints showing such improvements or alterations as finally constructed shall be furnished to the District Engineer after completion of the work. (6) It shall be the duty of the Superintendent to submit a semi-annual report to the District Engineer covering inspection, maintenance, and operation of the protective works. (7) The District Engineer or his authorized representatives shall have access at all time to all portions of the protective works. (8) Maintenance measures or repairs which the District Engineer deems necessary shall be promptly taken or made. (9) Appropriate measures shall be taken by local authorities to insure that the activities of all local organizations operating public or private facilities connected with the protective works are coordinated with those of the Superintendent's organization during flood periods. (10) The War Department will furnish local interests with an operation and Maintenance Manual for each completed project, periodic repair and cleaning of debris basins, check dams, and related structures as may be necessary. …Note: Items (B) Levees, (C) Flood Walls, (D) Drainage Structures, (E) Closure Structures, (F) Pumping Plants, (G) Channels and Floodways have not been included since they are not project features for brevity…. (H) Miscellaneous facilities (1) Maintenance. Miscellaneous structures and facilities constructed as a part of the protective works and other structures and facilities which function as a part of, or after efficient functioning of the protective works, shall be periodically inspected by the Superintendent and appropriate maintenance measures taken. Damaged or unserviceable parts shall be repaired or replaced without delay. Areas used for ponding in connection with pumping plants or for temporary storage of interior run-off during flood periods shall not be allowed to become filled with silt, debris, or dumped material. The Superintendent shall take proper steps to prevent restriction of bridge openings and, where practicable, shall provide for temporary raising during floods of bridges, which restrict channel capacities during high flows. (2) Operation. Miscellaneous facilities shall be operated to prevent or reduce flooding during periods of high water. Those facilities constructed, as a part of the protective works shall not be used for purposes other than flood protection works without approval of the District Engineer unless designed therefore. (49 Stat. 1571, 50 Stat. 877; and 55 Stat. 638; 33 U.S.C. 701c; 701c-1) (Regs 9 August 1944. CE SPEWF) D-2 D-3 (Seal) J. A. Ulio Major General The Adjutant General (F.R. Doc. 44-12285; Filed, August 16, 1944; 9:44 a.m.) Note: The words "War Department" contained in the foregoing Section 208.10 shall be interpreted to mean "Department of the Army. APPENDIX E PERMITS E-1 E-2 E-3 E-4 E-5 E-6 APPENDIX F LIGHTING ORDINANCE CITY OF TYBEE ISLAND LIGHT ORDINANCE TITLE 8 PLANNING AND DEVELOPMENT CHAPTER 4 ZONING SEC. 8-4-58 GENERAL PROVISIONS (a) PURPOSE The beaches of Tybee Island serve as a prime-nesting site for sea turtles, an endangered species. Coastal development threatens the survival of sea turtles because artificial lighting discourages nesting females and causes disorientation of hatchlings during the nesting season, which runs from May I through October 31 each year. It is the intention of the city to offer protection to these endangered sea turtles by providing standards for lighting in the shore protection area adjacent to the city's beaches. For the purposes of this ordinance, the protected nesting area shall be the sand beaches of Tybee Island. (b) DEFINITIONS For the purpose of this ordinance, the following terms shall be defined as set forth herein: (1) Artificial Light: Any source of light emanating from a manmade device including, but not limited to, spotlights, street lights, commercial or residential lighting, construction and security lights. (2) Beach: Area of loose sediments, including dunes, as defined by the GA Shore Assistance Act of 1979 as amended. (3) Dune: Mound or ridge of loose sediments, deposited by any natural or artificial mechanism and lying landward of the beach. (4) Low profile luminaries: Light fixture set on a base which raises the light no higher than 60 inches off the ground and designed so that the light is directed downward from a hooded light source. (5) Nesting season: May 1 through October 31 of each year. (6) Pole lighting- Light fixtures set on a base or pole, which raises the source of light higher than 60 inches higher off the ground. (7) Flood light: Unshielded reflector type light fixtures attached directly to a building or post. (8) Person: Any individual, firm, association, partnership, estate, trust, group, or unit of the federal, state, county or municipal government, and all other associations and combinations, public or private. (9) Point source of light- The actual light source, such as the bulb, fluorescent tube, lamp, etc., from which light emanates. (c) EXCEPTIONS The following point sources of artificial light are hereby exempt from the provisions of this ordinance: F-1 (1) All lights necessary for the safe navigation of vessels utilizing the waters surrounding the city; (2) All lights necessary to mark obstructions to the safe use of airspace over, above and around the city; (3) All lights necessary for regulating the safe passage and movement of vehicular and pedestrian traffic within the city-, (4) Any light that has been specifically designated by the Fire and/or Police Commissioner (s) as necessary for the security and safety of the human inhabitants of the city. SEC. 8-4-59 NEW AND EXISTING DEVELOPMENT (a) NEW DEVELOPMENT Building and electrical plans for new construction including parking lots, dune crossovers, and all other outdoor lighting that can be seen from the beach shall comply as follows- (1) Floodlights shall be shielded and mounted so that no light illuminates the beach and the point source of light is not visible from the beach. (2) Pole lighting shall be shielded and mounted so that light is directed away from the seaward side of the pole and the point source of light is not visible from the beach. (3) Low profile luminaries shall be positioned so that no light shines directly onto the beach. (4) Dune crossovers shall utilize low profile shielded lighting so that no light illuminates the beach and the point source of the light is not visible from the beach. (5) Lights illuminating buildings and grounds shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off from sunset to sunrise during the period of May I through October 31 of each year. (6) Temporary security lights at construction sites shall not be mounted higher than 15 feet above ground and shall be positioned not to illuminate the beach. (b) EXISTING DEVELOPMENT Existing lighting shall come into compliance with the following standards no later than May 1, 1992. (1) Lights illuminating buildings and grounds shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off from sunset to sunrise during the period of May I through October 31 of each year. (2) Lights illuminating crossovers shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off during the period of May I through October 31 of each year. (3) Security lighting shall be shielded or screened so that the beach is not illuminated and the point source of light is not visible from the beach, or low profile luminaries may be used. (c) PUBLICLY OWNED LIGHTING Streetlights and lighting of publicly owned beach access areas shall be in compliance with the following no later than May 1, 1992: F-2 F-3 (1) Wherever possible, streetlights shall be located, shielded or shaded so that they will not directly illuminate the beach and the point source of light is not visible from the beach. (2) Lights at parks or other public beach access points shall be shielded or shaded so that they will not directly illuminate the beach and the point source of light in not visible from the beach or, if not necessary for security or public safety, utilization may be discontinued during the nesting season. SEC. 8-4-60 APPEALS, ENFORCEMENT AND PENALTY (a) This ordinance is a part of the city's Zoning Ordinance and appeals, requests for variances, shall be uniform with other sections of the Zoning Ordinance as outlined in Code Sections 8-4-61 through 8-4-63, inclusive. (b) The enforcement of this ordinance shall be the responsibility of the Zoning Administrator / City Marshal. (c) Penalties for violation, after thirty days' notification, shall be uniform with the City's General Offenses Penalty found in Code Section 1- 1 -8 (Ordinance # 1991-11). APPENDIX G LETTER OF TRANSFER TO TYBEE ISLAND G-1 G-2 APPENDIX H INSPECTION REPORT FORMS AND SURVEY SHEETS INSPECTION AND MAINTENANCE, AND OPERATIONAL REPORT TYBEE ISLAND SHORE PROTECTION PROJECT GENERAL 1. Reports shall be submitted on or about May 1st and 1 September of each year to: District Engineer U.S. Army Engineer District Savannah, ATTN: CESAS-OP-N P.O. Box 889 Savannah, Georgia 31402-0889 2. Inspections shall be made (a) immediately following winds of hurricane force; (b) immediately following each storm which is accompanied by above normal tides; and (c) otherwise at intervals not exceeding 1 year, and also at such intermediate times as may be necessary to insure the best possible care of the project. 3. This form shall be used as a checklist in making each inspection, and the conditions requiring maintenance work shall be inserted in the appropriate spaces. On the form on which the condition requiring maintenance was first reported, there shall be inserted explanatory information describing the methods employed to correct the condition; or, in the event the inspection form is submitted prior to corrective action being taken, information shall be inserted regarding arrangements that have been made to have these conditions corrected. 4. Maintenance shall be performed as required to insure serviceability of the structures in time of hurricane or other severe storm. 5. If spaces provided for the insertions are insufficient, the information should be continued on plain sheets and attached to the report. 6. Additional forms will be reproduced by the project sponsor as needed. H-1 H-2 OBSERVATION AND MAINTENANCE AND OPERATIONAL REPORT TYBEE ISLAND SHORE PROTECTION PROJECT OBSERVATION AND MAINTENANCE REPORT FIELD OBSERVER: _____________________________ ORGANIZATION: ___________________ Type of Field Observation: Check below the type of inspection made. ( ) Following hurricane or other severe storm. Date of observation: ______________________ ( ) Annual Date of observation: ______________________ Condition of Berm: If berm shows evidence of any of the following conditions, describe briefly the approximate location, estimated degree of damage based on observation, provide sketch, type of maintenance action taken or maintenance which may be appropriate, etc. It is recognized that beach and hydrographic monitoring surveys, conducted to analyze beach performance and assess the beach condition, provide a more definitive basis for evaluation of the beach berm. OBSERVATION AND MAINTENANCE AND OPERATIONAL REPORT TYBEE ISLAND SHORE PROTECTION PROJECT OBSERVATION AND MAINTENANCE REPORT -Continued (a) Observable material loss of grade or berm cross-section, sloughing or settlement ( ) None observed ( ) Observed as follows: (b) Escarpment (formation of “sand cliffs" in the beach exceeding 18 inches especially during high water and winter season) ( ) None observed ( ) Observed as follows: H-3 OBSERVATION AND MAINTENANCE AND OPERATIONAL REPORT TYBEE ISLAND SHORE PROTECTION PROJECT OBSERVATION AND MAINTENANCE REPORT -Continued (c) Topping of berm during storm event: ( ) None observed ( ) Observed as follows: (d) Excessive wind or wave erosion around walkways ( ) None observed ( ) Observed as follows: H-4 OBSERVATION AND MAINTENANCE AND OPERATIONAL REPORT TYBEE ISLAND SHORE PROTECTION PROJECT OBSERVATION AND MAINTENANCE REPORT - Continued (e) Observed possible encroachments on berm right-of-way (unauthorized construction, vehicular or pedestrian traffic on berm, etc.) ( ) None observed ( ) Observed as follows: (f) Obstructed access roads or walkways ( ) None observed ( ) Observed as follows: H-5 OBSERVATION AND MAINTENANCE AND OPERATIONAL REPORT TYBEE ISLAND SHORE PROTECTION PROJECT OBSERVATION AND MAINTENANCE REPORT -Continued (g) Other beach berm damaging conditions ( ) None observed ( ) Observed as follows: H-6 OBSERVATION AND MAINTENANCE AND OPERATIONAL REPORT TYBEE ISLAND SHORE PROTECTION PROJECT OBSERVATION AND MAINTENANCE REPORT -Continued Based on observation, provide a judgment of the general condition of the beach berm: ( ) Good ( ) Fair ( ) Poor Remarks: H-7 OBSERVATION AND MAINTENANCE AND OPERATIONAL REPORT TYBEE ISLAND SHORE PROTECTION PROJECT OPERATIONAL REPORT 1. Have the local interests been advised of the degree of protection offered by the berm? 2. In the event of a major storm or hurricane, was any civil defense emergency or disaster plan put into effect? 3. Remarks and suggestions: REPORT SUBMITTED BY: ____________________ TITLE: ______________________ DATED: ________________________ H-8 APPENDIX I TURTLE MONITORING AND RELOCATION PLAN DRAFT SCOPE OF WORK FOR MONITORING SEA TURTLE NESTING TYBEE ISLAND, GEORGIA 1. Purpose: The City of Tybee Island, in cooperation with the Georgia Department of Natural Resources, will monitor loggerhead sea turtle nesting efforts on Tybee Island. A monitoring program is necessary due to the Tybee Island Shore Protection Project 2008 Renourishment. Sediment from an offshore borrow area will be placed along the beaches of Tybee Island, Georgia. The entire construction area on the island will be monitored. Construction is scheduled to be completed by 1 May to avoid impacts to nesting turtles. All nests, false crawls and strandings will be recorded and nest relocations, if necessary, will be performed within 6 hours of the completion of the daily patrol. Monitoring under this work activity will commence on 1 May and will continue on a daily basis through the end of the nesting season, 30 August. Any unhatched nests remaining on the beach after the end of the nesting season will continue to be monitored to determine hatching success and orientation of emerging hatchlings. Currently the Tybee Island Marine Science Center (TIMSC), in collaboration with GA DNR, runs the sea turtle nest protection and management program and will continue to monitor sea turtle nesting in 2008/2009. The remainder of this document contains a sample sea turtle monitoring plan only and should not be used in place of TIMSC/DNR protocols. 2. Work Efforts: The following work efforts will be undertaken as a part of this activity: a. Patrol of the survey area will be made at sunrise each morning from 1 May through 30 August. The survey area incorporates all the ocean beach construction areas. It will be the responsibility of the surveyor to clear the use of survey vehicles with applicable State agencies and local authorities. b. A daily log sheet (attached) will be completed for each day. All applicable parts of the log sheet should be completed. I-1 c. Should a stranded sea turtle be encountered on the beach, a stranding form (attached) will be completed. If any species of stranded sea turtle is encountered, the Georgia sea turtle coordinator, Mr. Mark Dodd, Georgia Department of Natural Resources, Coastal Resources Division, will be contacted immediately (1-800-2-SAVE-ME (1-800-278-2969)). d. A turtle nest data sheet (attached) will be completed for all turtle nests found. The locations of all nests discovered during the beach monitoring program will be carefully described and recorded in relation to existing structures. A wooden stake, marked with the nest number and date, will be placed a know distance landward of the nest. A map showing the nest location will be sketched on the back of the nest data sheet. e. All nests which are located in the disposal area or within 500 feet of the limits of the disposal area which are likely to be impacted by future disposal and /or related construction activities will be relocated to an undeveloped portion of the beach north of the disposal site. This includes nests which are laid in the disposal area and are located so the nest is likely to be destroyed by erosion prior to hatching. All relocated nests will be staked as described in paragraph “d” above. Relocations will be conducted in accordance with the attached guidelines. f. Efforts should be made to obscure evidence of loggerhead nesting where desirable and practicable. Tracks of crawls leading to a nest are best erased by sweeping or kicking sand. If questioned by onlookers, the nesting surveyor will state that he/she is performing environmental surveys associated with beach disposal operations. g. Nests will be observed daily to monitor disturbance and predation. When nests show sign of emergence, the sand around the nests will be smoothed to improve observations of hatchling tracks. For those nests where hatchling tracks can be distinguished, the number and orientation of hatchlings which emerged from the nest will be determined and enumerated. If hatchlings are disoriented, an effort will be made to identify lights which appear to have caused disorientation. I-2 I-3 h. Nests will be excavated 3 days following signs of emergence or 65 days following deposition to determine hatchling success. The number of unhatched eggs, egg shells, and dead hatchlings will be determined and recorded. 3. Reporting: In addition to the reporting requirements mentioned above, a report of findings which incorporates the daily log sheets, stranding forms, turtle nest data sheets and other pertinent field data will be prepared and furnished to the Savannah District within 4 weeks of the completion of beach nourishment. If necessary; a revised report will be furnished to the Savannah District within 2 weeks of receipt of any District comments on the original report. 4. Schedule: The City of Tybee Island will be on site at sunrise on or about 1 May and will monitor daily through 30 August for each year. Relocation of nests within the impact area will continue until the nesting season is completed or on 30 August. Nest monitoring will continue until all nests have been hatched or until 65 days after the nest was laid. GEORGIA DEPARTMENT OF NATURAL RESOURCES MARINE TURTLE NEST DATA REPORT Name:_______________________________________ Date:___________________ Island:________________________ Nest #:___________ Date of Deposition:___________________ Description of Location (GPS Coordinates if available): Predated: Y or N Date of Predation:___________________ % Destroyed:_______ Type of Predator:___________________________________________ Date of First Emergence:____________________ Date Excavated:___________ # Eggs:__________ # Hatched____________ # Dead or Deformed_____________ Remarks: I-4 PLEASE PRINT CLEARLY AND FILL OUT ALL APPLICALBLE BLANKS Use codes below. Measurements may be straight line calipers and/or over the carapace curve (tape measure). Measure length from the center of the nuchal notch to the tip of the most posterior marginal. Measure width at the widest point of carapace. CIRCLE THE UNIT USED. See diagram below. Please give a specific location description, include latitude and longitude. Observer’s Full Name____________________________ Stranding Date_________ Address/Affiliation________________________________________________________ Phone number____________ Species___________________Turtle # by Day_________ Reliability of ID: (circle one) Unsure Probable Positive Species verified by State Coordinator? Yes or no Sex: (circle one) Female Male Undetermined How was sex determined? State__________________ County____________ Location________________ Latitude_________________ Longitude_________________________________ Condition of Turtle (use codes)_________________Final disposition of turtle_________ Tag number, including tag return address and position of tag: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ CODES Species: CC= Loggerhead CM= Green DC= Leatherback EI= Hawksbill LK= Kemp’s Ridley UN= Unidentified Condition of Turtle: 0= Alive 1= Fresh dead 2= Moderately decomposed 3= Severely decomposed 4= Dried Carcass 5= Skeleton, bones only Final Disposition of Turtle: 1= Painted, left on beach 2= Buried on beach 3= Salvaged specimen 4= Pulled up on beach 5= Unpainted, left on beach 6= Alive, released 7= Alive, taken to a holding facility I-5 I-6 Remarks: Note if turtle was involved with tar or oil, gear or debris entanglement, wounds or mutilations, propeller wounds/scars, papillomas, epizoa, barnacles, etc. Try to photograph turtle if possible. CORPS OF ENGINEERS, SAVANNAH DISTRICT GUIDELINES FOR SEA TURTLE NEST RELOCATION Nests which are located in the disposal areas or within 500 feet of the limits of the disposal area which are likely to be impacted by future disposal and/or related construction activities must be relocated to the designated relocation area. Also, nests which are laid in the newly created beach in areas where they are likely to be destroyed by erosion before incubation is complete will be relocated. The following guidelines should be used: 1. Loggerhead eggs are frequently located on the seaward side of the nest, approximately one-half meter beneath the surface of the sand. Extreme care must be used in attempting to locate eggs. Eggs should be located by hand excavation whenever possible. A probe should be used only by experienced personnel and only after extensive digging by hand has failed to locate the nest (preferred probe would be dead spartina grass stem, or if not available, then a wood or metal rod about 0.75 centimeters in diameter and about 1 to ½ meters in length). If a probe results in broken eggs any broken eggs or spilled contents should be removed and discarded to prevent the clutch from rotting. 2. Once the eggs are located, excavate them by hand quickly and carefully. The size (depth, width, etc) of the nest chamber and its location in relation to the primary dune and high tide line should be recorded. Eggs should be placed in a rigid container on a layer of moist sand from the nest. The container should be large enough to allow for sand to “buffer” the eggs and the side of the container to prevent damage during transportation. Eggs should be shaded from the heat of the sun. Do not allow the eggs to become dry. 3. The hatching success of nests relocated within 6 hours of laying is higher than that for older nests. Efforts should be made to relocate nests as soon as possible after laying, and care should be used in moving nests to maintain the axial orientation of the egg. I-7 I-8 4. The relocation site should be located at a site which closely resembles the natural nest site (i.e. beach profile, relationship to the high-tide line and primary dune, etc.). A nest chamber should be excavated with shape and dimensions similar to that of the natural nest. (The pear shaped configuration of a natural nest can be most easily achieved by using posthole diggers to excavate the “neck” and then scraping out the egg chamber with a sea shell or other small digging implement). Once the eggs have been carefully placed in the chamber and the sand from the original nest put on top, the neck of the chamber should be filled and packed firmly. 5. A turtle nest data sheet should be completed for all relocated turtle nests. The locations of all original and relocated nest sites should be recorded by the method(s) described in the scope of work. The street addresses of residences of any structures used to describe the nest location should be recorded and utilized in the location map for each nest. A wooden stake, marked with the nest number and date, will be placed in a known distance landward of the nest.