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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
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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
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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
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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.
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Figure 2. Site Expansion For The Tybee Island Shore Protection Project
Source: Olsen Associates Inc. 2008.
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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;
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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APPENDIX C
ER 1110-2-2902
PRESCRIBED PROCEDURES FOR THE
MAINTENANCE AND OPERATION OF
SHORE PROTECTION WORKS
30 June 1989
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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
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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)
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(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
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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:
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(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:
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(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
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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.
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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:
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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:
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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:
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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:
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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:
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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: ________________________
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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.
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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.
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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:
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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.