Loading...
HomeMy Public PortalAbout2023-40 Adopting the Clean Water State Revolving Fund Facilities Plan for the Zone 1 K8 Central Basin Stormwater Improvement ProjectRE SOLUTION NO. 2023-40 A RE SOLUTION OF THE VILLAGE COUN CIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE CLEAN W ATER STATE RE VOLVING FUND FACILITIES PLAN FOR THE ZONE 1 KS CENTRA L BASIN STORM WATER IMPROVEMENT PROJECT; PROVIDING FOR IMPLEM ENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHERE AS, the Florida Department of Environmental Protection Clean Water State Revolving Fund Program ("CWSRF") provides low-interest loans to local government agencies to finance the construction of stormwater facilities; and W HERE AS, the Village of Key Biscayne (the "Village") intends to apply for a CWSRF design loan in the amount of $3,888,662 to complete the 100% design of the stormwater system improvements for the Zone 1 K8 Central Basin (the "Project"); and W HERE AS, the Florida Administrative Code requires that the Village adopt a facility plan outlining necessary stormwater facility improvements to comply with CWSRF funding requirements; and W HERE AS, the Village Council desires to adopt the CWSRF facilities plan, attached hereto as Exhibit "A" (the "Facilities Plan"), for the Project; and W HERE AS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THERE FORE , BE IT RE SOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Adoption. That the Village Council hereby adopts the Facilities Plan, attached hereto as Exhibit "A," for the Project. Page I of2 Section 3. Implementation. That the Village Manager is hereby authorized to take such action as may be necessary to implement the purpose and provisions of this Resolution. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this _18th_ day of _July __ 2023. ATTEST: ~~ hcoc,,l--- VILLAGE C L E RK APPROVED A S TO FO R M AND LEGAL SUFFI CIENCY: ~J~ W EISS SER O T A H ELFM J\N CO LE & BIERM AN, P.L. VILLAGE A T T O R N E Y Page 2 of2 Exhibit A K-8 Basin Sto rm w ater System Im pro vem ents for the K-8 Basin Draft Stormwater Facilities Plan AECOM Pro ject No.: 60690139 Table of Contents 1. Executive Summary 3 2. Cost Comparison and Selected Alternative 5 3. Cost and Effectiveness Analysis 8 4. Environmental Effects/Benefits 10 5. Public Participation Process ·-····· 11 6. Financial Feasibility - .. - _ 12 7. Phasing Plan and Schedule - 13 8. Adopted Resolution 14 Appendix A - Opinion of Probable Construction Cost 15 Appendix B - Net Present Worth Analysis .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 18 Appendix C - Environmental Assessments 22 Appendix D - Public Meeting Information - 23 Appendix E - Capital Financing Plan 24 Appendix F -Adopted Resolution 26 List of Tables Figure 1. Key Bisca ne unicipality and Location of K-8 School. 4 Figure 2. ProJeot Locatio M aR 4 Figure 3. A lt rn ative 1: Existing Conditions 5 Figure . Altern ative 3 7 Appendix A - Prelimi ary Opinion of Probable Construction Cost Appendix B - Net Bresent Worth Analysis Appendix C - Environmental Assessments Appendix D - Public Meeting Information Appendix E - Capital Financing Plan Appendix F - Adopted Resolution Prepa red for: V illage of K ey Biscayne AECOM Storm w ater S yste m Im pro vem e nts for the K-8 Scho o l B a sin Draft Storm w ater Facilities Plan AEC O M Project No.: 60690139 1. Executive Summary 1.1 Project Description T he V illa ge of K ey Biscayne (V illa g e) is proposing a storm w ater infrastructure project (P roject) to provid e flo o d m itig a tion fo r the K-8 School basin; a project locatio n m ap is show n in Figure 1. T he Proje ct is in te n d ed to alle viate flood ing w ithin the K -8 S choo l and its vicinity. T he pro ject w ill entail in stalla tio n of new sto rm w ate r conve yance and a storm w ater pum p station, to r w hich the V illage has acq u ire d a va ca n t lo t. Floo d in g in the project area negatively im pacts surf ace w aters, since it transport s w aste and debris; fo r this reason, the flooding reduction achieved w ith this project will significantly im prove w ater quality in the area. Species of concern that have been, com m only encountered are sea grasses, m ang ro ves, and sm a ll toothed sawfi sh. The flooding r duction also im pro ves vehicular safety fo r the ge ne ral pub lic. A dditio na lly, the proposed im provem ents consider future cl im ate conditio ns to provid e a resilie nt system . T he o bje ctive s of the pro po sed sto rm w ater im pro vem ents re the fo llow ing : a. Ensu re an ad e q uate flo o d pro tection level of serv ice during the 10 -year, 24-hour storm event (o r 8 in ches of rainfall w ithin 24 ho urs), w hich considers o flooding over ro ad cro w ns and po n d in g to dep ths of 0-0.5 fee t w ithin sw ales fo r a m axim um duration of 6-12 hours. b. P ro vid e ade qu a te w ate r qua lity/tr atrn eitt and effi ciently drain storm w ater runoff during inte nse stor m eve nts, w hich are fr equently observ ed in the com m unity. c. A cco m m od a te the incre a se d system c~p~ci ty to address expected S ea Level Rise up to the yea r 20 60 , ba se d on N O AA 's Jnterm edia~e l'll igh pro jectio n. 1.2 T he Project is intended to m itigate localiz d flooding and enhance public safety around the Key Biscayne Ele m e ntary (K -8 ) S cho ol area. The existing star- w ater infrastructure is disconnected and has predo m inantly sm a ll-dia m eter storm w ater pipes, w tiich m ake the runoff conveyance ineffi cient. The topog raphy w ithin the V illage is ge era lly flat, w ith ground elevations ranging from 1.5 to 8.0 feet, North A m erican Ver:t ital Da tum of 1988 (N AV O ). Based on Li O A R data, the centerline and edge of pavem ent (E O P ) elevatio ns of the V ill a · e ro aaw ays vary fro m elevations of 1.50 to over 4 feet, N AV O. A s a point of reference , ttle highest astror om ·cal tide corded in recent years reached an elevation of 2.3 feet, NAV O. T he lo w - y'n ele vations of the xisting roadw ay netw ork are significant because of the lim ited gradient betw een hyd aul"cally distant i ets and the outfall locations, w hich m akes the existing gravity-based storm w ater co lle ct i'o n system i eff ective and incapable of m eeting the desired level of serv ice in m any areas. T his issue is eJ<i cerbated and m ade m anifest during periods of intense rainfa ll, seasonal high tides (king tide s), storm sut.Q 8 , or the anticip ated sea level rise. T he Pro ject w ill enha nce the treatm e nt of storm w ater discharged to Biscayne Bay, thus im proving w ater quality. Fo rced pum ping w ill be required to address high tides and anticipated sea level rise. 1.3 Project Location M ap T he Pro ject lo cation is show n in Figure 2. It covers the proposed storm w ater dra inage im pro vem ents in the vicinity of the K-8 S cho ol and surro unding areas. Prepared fo r: V illag e of K e y Biscayne AEC O M 3 Stormw ater System Im pro vem ents for the K-8 School Basin Draft Stormwater Facilities Plan AECOM Project No.: 60690139 , I , I I ' I I I , I I , I ,' , I I I ' , , ' I I > I , \, \ I , - - - ' , ... t ... : I,.·~ ' ' I I I I I .. - - :, --- } 0 ,00 1,000 I I I I I ?_OOOF .. 1 I I Figure 1. Key Biscayne Municipality and Location of K-8 School I I I I , _r;. .. •. _/ _·-r ' I I/ 'f-- / ' I ' ('' :• .J ,· I I . '/ i • I - i .. I ,. I ·, . I ?1 / / ···;/ /"'/'' ·,·-~.-;-i ~- ·- -i . ·<- " /., , I " ;, I . • • •,,. ;~ •'-I •j'" /~./Ir ••f ...__ / ". /~ / '/' --~-~ 7 --. · 1 t . 1 : • 1 • , ', ~(: ' j _j___ : : " -T - --"1r:- , f ~ ~7 L. i 'I.·~ 1 :' .. , , -'> "f ,, . f . ·, I -. • I, : ·· : · .. W ;,_tw ood O r /. . • .A . , ., \ \ ' \ .i. . • i . · .. ..__· \4 ,.· '\ ,. :. ". , _ ._ . .J .:.. I '..1 I ', ..,. ~ • - J,., Figure 2. Project Location Map {remainder of this page intentionally blank} Prepared for: Village of Key Biscayne AECOM 4 Sto rm w ater Sy stem Im pro vem ents for the K -8 S cho o l Ba sin D raft Storm w ater Facilities Plan AEC O M Pro ject N o.: 60690139 2. Cost Comparison and Selected Alternative 2.1 Project Alternative Evaluation and Cost Analysis A Class 5 Opinion of Pro bable Construction Cost, as classified by the American Association of Cost Engineering (AA C E), was developed in preparation of the K-8 Basin Storm water Facilities Plan. Based on the_ level of design, the C lass 5 estim ate is the "least" accurate - with an expected accuracy range of - 50% to +100% at an 80% confidence level. The estim ate carries a 10% design development contingency to account fo r further design development. The project cost presented is the c· nstruction cost plus the 10% contingency and escalation. During the planning and schematic design for the project, the following altern ativ s were evaluated: Alternative 1: Analysis of current conditions (refer to Figtm~ 3) • • This is the no action altern ative . The cost of continued localized flooding, lncl~ing the a verse impacts to the public and enviro nm ent, m ake this altern ative unacceptable ,, • • l ·1 · .i .:n~ t Key1Blscayne Elementar;v S~il®I II• rr••• C 0 • . """"" Figure 3. Alternative 1: Existing Conditions Prep ared fo r: V illage of K e y Biscayne A EC O M 5 Stormw ater System Im provem ents for the K-8 School Basin Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Alternative 2: This alternative includes the following: • Reconstruction of the current stormwater management system by replacing small diameter pipes with a larger diameter conveyance system and by improving the connectivity of subsurface pipes to improve distributed management of stormwater runoff. • Restoring and constructing swales and increasing the pipe sizes of the conveyance system. This alternative improves the response of the stormwater system in the vicinity of the school by reducing peak flood elevations and duration. However, only slight improvements of calculated flood depth were shown, with many areas still experiencing localized flooding. • This alternative has higher costs than Alternative 1. • This solution reduces localized flooding without eliminating it. Alternative 3: This alternative includes the following (refer to Figure 4): • Rehabilitation and improvement of existing outfall locations. • Installing the largest diameter pipes possible within the available easements and includes a pump station of a capacity equal to the sum of maximum discharge rate achievable at each outfall location, such that proposed flows do not exceed existing outfall velocity, in proximity to the existing outfalls. The storrnwater pump station will provide forward pumping and correspondingly improve the response of the stormwater system during high intensity rainfall events. • This alternative has the highest costs; however, due to its technical merits (ability to mitigate flood conditions in the pr9ject area), it is the recommended alternative. This alternative represents a significant improvement the vicinity of the K-8 School. During a 10-year, 24-hour storm event, roads ln the vicinity of the K-8 School for this alternative are submerged for significantly less time, as compared to over three (3) days for the existing conditions. • Given the current state of available options, this alternative becomes an essential component of the K-8' Basin project and represents a foundation for the adaptation and implementation of future improvements and enhancements to the Village's overall drainage system. {remainder of this page intentionally blank} Prepared fo r: Village of Key Biscayne AECOM 6 Stormw ater System Im pro vem ents for the K-8 School Basin Draft Stormwater Facilities Plan AECO M Project No.: 60690139 0 Nodu - Wolrllnk -· Plpollnk ~- Rnlln gC urv e c;J MotJtl 8Hlns For a detailed breakdown of the O piniop of Probable Co struction Cost fo r each altern ative, please refer to Appendix A. Based on tt\e results oft e cost-com parison and the impacts that each altern ative has on the comm unity, Altern ative 3 is the selected alternativ fo r this project. {remainder of this page intentionally blank} Prepared fo r: Village of Key Biscayne AECOM 7 Stormwater System Improvements for the K-8 School Basin Draft Stormwater Facilities Plan AECOM Project No.: 60690139 3. Cost and Effectiveness Analysis 3.1 Cost and Effectiveness The upfront capital cost for Alternatives 2 and 3 clearly indicate that Alternative 2 will cost less to initially construct; however, an analysis of each project's effectiveness, benefits and future cost needs to be performed as part of selection process. In order to evaluate and compare the two projects, a net present value (NPV) analysis of each project has been performed based on the capital costs, operations and maintenance costs, and replacement at the end of the project life cycle. For the NPV analysis, the following assumptions were made for both alternatives and are shown in Table 1: • The project life cycle for both projects is estimated to bEjl thirty (30} years, at which time replacement will be required. • The cost for Operation and Maintenance (O&M) is estimated to be $8 per linear foot of pipe, $50,000 per pump station, and $15,000 per unit of water quality structure on aR annual basis. A 5% annual escalation was added for estimating the annual O&lyl cash flow for the life of the projects. • The replacement cost for both alternatives was estimated t<;>, be the initial construction cost with a 2.5% escalation applied through the life of the project. • The loan term is 20 years with a loan interest rate of 5% for both alternatives. • The discount rate for calculating the NPY rs 5%. Table 1. Net Present Value Calculation Assumptions Net Present Value Calculation Assumptions \ Project Study Term (Years) 30 Loan Term (Years) 20 Discount Rate For Net Presen t Value 5.00% Loan- Interest Rate 5.00% Replacement Cost Escalation Rate 2.50% Operations and Maintenance Escalation Rate 5.00% Operations and Maintenance Cost Per Linear Foot of Pipe $8.00 Operation and Maintenance Cost Per Pump Station $50,000 Operation and Maintenance Cost Per Water Quality Device $15,000 The calculations of the NPV for each alternative are summarized in Tables 2 and 3. The cash flow analysis used to calculate NPV is included in Appendix B. The cash flow analysis only examined the cost of the project. Revenue was not included in this analysis. The NPV for Alternative 2 is -$53,270,000 while the NPV for Alternative 3 is -$109,203,000. Although Alternative 3 has the higher costs, due to its technical merits (ability to mitigate flood conditions in the project area), it is the recommended alternative. Prepared for: Village of Key Biscayne AECOM 8 Storm w ate r System Im p rovem e nts for the K-8 S choo l B a sin Draft Storm w ater Facilities Plan AEC O M Project No.: 60690139 Table 2. Alternative 2 Net Present Value Calculation Summary Alternative 2 Net Present Value Calculation Summary Alternative 2 Total Pipe Length (Feet) 17,954 Alternative 2 Total Number of Pump Stations 0 Alternative 2 Total Number of Water Quality Structures 0 Alternative 2 Construction Cost -$13,221;251 Alternative 2 First Year Annual O&M Cost -$1_44,000 Alternative 2 End of Life Cycle Replacement Cost -$27,733,000 ~ Alternative 2 Net Present Value -$53,270,000 ' Table 3. Alternative 3 Net Present Value Calculation Summary Alternative 3 Net Present Value Calculat,lon Summary Alternative 3 Total Pipe Length (Feet) 17,954 Alternative 3 Total Number of Pump Stations 1 2 -$28,451,174 -$22 4,000 -$59,679,000 -$10 9,203,000 (rem ainder of this page intentionally blank} Prepa red fo r: V illa ge of Ke y Biscay ne A EC O M 9 Stormw ater System Im pro vem ents for the K-8 School Basin Draft Stormwater Facilities Plan AECOM Project No.: 60690139 4. Environmental Effects/Benefits 4.1 En v ironm ental Benefits The project is located in the Village of Key Biscayne, which is densely urbanized with commercial areas, single-family homes, multi-family development and little green space. Since the project is within an established community, the project is not anticipated to adversely affect threatened or endangered flora and/or fauna, surface waters, wetlands, or undisturbed natural areas. The stormwater pump station is proposed to be located within developed areas utilizing existing outfalls. The pump station ultimately discharges into Biscayne Bay, which is designated an Outstanding Florida Water. Species of concern that have been commonly encountered are sea grasses, mangroves, and small toothed sawf ish. Currently, existing outfalls discharge untreated stormwater runoff into Biscayne Bay. As part of the proposed improvements, three existing outfalls will be modified to provide adequate water quality treatment prior to discharge into Biscayne Bay; for thls reason, no negative impacts are anticipated to existing water bodies within the project area. Additionally, no new outfalls are proposed as part of the improvements. However, since the infrastructure is proposed to be constructed next to existing outtaf pipes and seawalls, it is assumed that there are no species desiqnated' o,y the United States Department of Interior, Fish and Wildlife Service, or the Florida Fish and Wildlife Conservation Commission as endangered species, a threatened species, or species of special concern within the areas proposed for construction. During Final Design Engineering, a qualified Biologist will survey the area to identify if there are any endangered, threatened or species of special concern- present. Should any endangered, threatened or species of special concern be identified in the project area, the appropriate action shall be taken in conjunction with all federal, state, and local [urisdicttonal agencies. Appendix C contains the following environmental assessments performed for the Prqjett area: Preliminary Marine Benthic Review, Essential Fish Habitat Assessment, Marine Species Biological Assessment, and Manatee Protection Plan. The project will not have any significant adverse impacts to human health or environmental impacts on minority or low-income communities. The, project w!II benefit the general public in multiple ways. The reduction in flooding improves sanitary con ditions since flooding negatively affects surface waters as flooding is a transporter of w aste and debrts. The reduction in flooding also improves vehicular safety for the general public. The new stormwater management system is intended to improve the conveyance and treatment of storm water, thus improving the surrounding environment. {remainder of this page intentionally blank} Prepared for: Village of Key Biscayne AECOM 10 Storm w ater S ystem Im provem ents for the K-8 S cho o l Ba sin Draft Storm w ater Facilities Plan AEC O M Pro ject No.: 60690139 5. Public Participation Process 5.1 Public Meeting A public m eeting w ill be held by the Village of Key Biscayne on a later date. It will be publicly advertised on the Village's website, and notices will also be m ailed to pro perty owners within the pro ject area. Appendix D w ill include the public notices and will be included in the Final Stormwater Facilities Plan subm ittal. At the public m eeting, a presentation will be given by the Village explaining the pro posed project, the capital cost, and the long-term financial impact on customers. The public will also be presented the altern atives that were evaluated. Comments on the pro ject will be requested and located in the Appendix D, along w ith the m eeting m inutes; this appendix will be included in the Final Stormwater Facilities Plan subm ittal. " After the public m eeting, a resolution will be presented to the Village Council for appro val. The appro ved resolution will be included in the Final Storm water Facilities Plam su bmittal. Prep ared fo r: V illa ge of K ey B iscayne AEC O M 11 Storm w ater System Improvements for the K-8 School Basin Draft Stormwater Facilities Plan AECOM Project No.: 60690139 6. Financial Feasibility 6.1 C a pital Financing Plan A Capital Financing Plan, including identification of revenue sources dedicated to repaying the loan, is included as Appendix E. {remainder' of this page intentionally blank} Prepared for : Village of Key Biscayne AECOM 12 Storm w ater S ystem Im p rove m e nts for the K-8 S choo l B a sin Draft Storm w ater Facilities Plan A EC O M Pro ject No.: 60690139 7. Phasing Plan and Schedule 7.1 Pro je c t P h a sin g Considering the magnitude of the proposed improvements, a detailed phasing approach will be proposed in coordination with stakeholders. It is important that the project is constructed in a way that relief is provided to the areas where more flooding is currently taking place and, therefore, more people are being affected. Since the construction improvements are within a localized area of the Village, AECOM recommends concurrent implementation of the stormwater improvements. 7.2 Pro je c t Sc h ed u le The following table shows the planned milestones for the Project: Tab le 4. P roje ct Schedule Task Date Commence Final Desi Advertise Protect for Bids Issue General Contractor Notice to Proceed 2027 {remain,der of this page intentionally blank} Prep ared fo r: V illa ge of K ey Biscay ne AEC O M 13 Stormw ater System Im pro vements for the K-8 School Basin Draft Stormwater Facilities Plan AECOM Project No.: 60690139 8. Adopted Resolution 8.1 Storm w ater Facilities Plan Resolution The adoption of the resolution at a Village of Key Biscayne Council meeting will occur at a later date. A copy of the adopting resolution authorizing implementation of the planning recommendations by the Village will be included as Appendix F in the Final Stormwater Facilities Plan submittal. {remainder of this page intentionally blank} Prepared for: Village of Key Biscayne AECOM 14 Storm w ate r S ystem Im pro vem ents fo r the K-8 Scho o l Ba sin Dra ft Storm w ater Facilities Plan AEC O M Pro ject No.: 60690139 Appendix A - Opinion of Probable Construction Cost Pre p ared fo r: V illa ge of K ey Biscayne A EC O M 15 Storm water System Im pro vements for the K-8 School Basin Draft Stormwater Facilities Plan AECOM Project No.: 60690139 EN G INEER'S PR ELI M INA RY OPINION OF PROBABLE CO NSTRUCTION COST• Altern ative 2 NO . IT EM UNIT QUANTITY UNIT COST EXTENDED AMOUNT 1 M O BILI ZATIO N EA 1 $ 1,000,000 $ 1,000,000 2 TRAF FIC CO NTR O L JO B 1 $ 250,000 $ 250,000 3 CLEAR ING AN D GR U BBING ACR 4.4 $ 1,806 $ 7,946 4 M AN HO LE DEM OLI TIO N EA 53 $ 2,794 $ 148,065 5 CO N CR ETE CUR B DEM O LI TION LF 22,804 $ 8 $ 182,576 6 AS PH AL T DEM O LI TIO N SY 48,344 $ 18 $ 84 8,692 7 EXISTING STO RM DRAI NAGE DEM O LI TION LF 16,289 $ 44 $ 711,373 8 C U RB INLET EA 27 $ 8,552 $ 230,903 9 36" RC P STO R M DRA INAGE PIPE LF 12,600 $ 173 $ 2,177 ,363 10 48" R C P STO R M DRAI NAGE PIPE LF 1,864 $ ..... 385 $ 717,634 11 60" RC P STO RM DR AI NAGE PIPE LF 986 $ 536 $ 528,321 12 72 " RC P STO R M D RAI NAGE PIPE LF 857 $ 763 i 653,4 65 13 36" STEEL OU TLET PIPING LF 1,647 $ 549 $ 904,651 14 36" STEEL OU TLET PIPING VAL VES EA 3 $ 51,555 $ 154.665 15 72 " X 72 " M AN H O LE STR UCTURE EA 1.1 $ 9.611 $ 105,72 6 16 72 " X 84" MAN HO LE STR UCTURE EA .. 4 $ 10,189 $ 40,756 17 72 " X 96" M AN H O LE STR UCTURE .,,-~ EA ' 2' $ 11,833 $ 23,665 r 18 84" X 84" M AN H O LE STR UCTURE \\ EA 3 $ 11,083 $ 33,250 19 84" X 96 " MAN H O LE STR UCTURE \ EA 1 $ 11,541 $ 11,541 20 96 " X 96 " M AN H O LE STRUCTURE IEA 5 $ 13,481 $ 67,407 21 C LAS S 2 AGGREGATE BAS E (8") ""-, SY 48,34 4 $ 14 $ 671,552 22 GEOTEXTILE FAB R IC ;" \ \ SY 300 $ 3 $ 894 23 RIP RAP ,/' ) ' 10N 600 $ 128 $ 76,938 24 C UR B /r , LF 22,804 $ 28 $ 639,496 25 SID EW AL K & DRIVEW AY TUR NO U'f.S 7 --., SF 94,477 $ 8 $ 743,089 26 AS PH AL T PAV6M EN J 2" TO N 5,372 $ 156 $ 838,17 0 27 rAVEM EN T M /\R KIN O S, SIG NS, & ACCESSO RIES LS 1 $ 93,813 $ 93,813 28 LAN D SC AP E PLAN TING AN D MYDRO SEEDI NG LS 1 $ 157,368 $ 157,368 l SUB-TO TAL $ 12,019,319 "c 10% CONTINGENCY $ 1,201,932 ' .. I _; TOTAL $ 13221251 '1 ~., ~ ;- Prepared for: Village of Key Biscayne AECOM 16 Storm w ater S ystem Im p ro ve m e nts for the K -8 S cho ol Ba sin Draft Storm w ater Facilities Plan A EC O M Pro ject No.: 60690139 ENGINEER'S PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST· Alternative 3 UNIT COST EXTENDED NO. ITEM UNIT QUANTITY AMOUNT 1 MOBILIZATION EA 1 $1,500,000 $1,500,000 2 TRAFFIC CONTROL JOB 1 $250,000 $250,000 3 CLEARING AND GRUBBING ACR 4.4 $1,806 $7,946 4 MANHOLE DEMOLITION EA 53 $2,794 $148,065 5 CONCRETE CURB DEMOLITION LF 22804 $8 $182,576 6 ASPHALT DEMOLITION SY 48344 ......... $18 $848,692 7 SIDEWALK DEMOLITION SY 5068 ",, $67 $338,979 8 EXISTING STORM DRAINAGE DEMOLITION LF 16289 $44 $711,373 EA .. ' 9 LIGHT POLE REMOVAL AND REPLACEMENT 10 ~ $285 $2,852 10 DEWATERING, EROSION CONTROL & ENVIRONMENTAL JOB , .. $2 750,000 $V50,000 11 CURB INLET EA 1'27 ~.552 $230,903 12 36" RCP STORM DRAINAGE PIPE LF 12600 $1?3 $2,177,363 LF ~ 13 48" RCP STORM DRAINAGE PIPE Ir 1864 ·~ $385 $717,634 14 60" RCP STORM DRAINAGE PIPE lF 986 $536 $528,321 15 72" RCP STORM DRAINAGE PIPE LF ·, 857 $763 $653,465 16 36" STEEL OUTLET PIPING LF 1647 $549 $904,651 17 36" STEEL OUTLET PIPING VALVES !--- .., EA 3, $51,555 $154,665 18 72" X 72' MANHOLE STRUCTURE \\" EA ' $9 611 $105,726 H 19 72" X 84" MANHOLE STRUCTURE \1 EA ...... .,,_4 $10,189 $40,756 20 72" X 96" MANHOLE STRUCTURE EA,, 2 $11,833 $23,665 21 84" X 84" MANHOLE STRUCTURE ,. /EA 3 $11,083 $33,250 84' X 96" MANHOLE STRUCTURE ~ EA $11,541 22 1 $11,541 23 96" X 96" MANHOLE STRUCTlJ_!R{ I , "-EA 5 $13,481 $67,407 24 CLASS 2 AGGREGATE B'A.Sli: (ll"t SY 48344 $14 $671,552 25 GEOTEXTILE FABRIC ·~/r SY 300 $3 $894 26 RIP RAP "- ( TON 600 $128 $76,938 - 27 CURB ...... ,...._ ·,, LF 22804 $28 $639,496 28 PUMP $Jl'ATION "- '\ EA 1 $10,253,554 $10,253,554 29 < SIDEWALK & DRIVEWAY TURNOl!l!f~ '¥ SF 94478 $8 $743,089 30 ASPHAt. T PAVEMENT 2" TON 5372 $156 $838,170 31 PAVEMEN'I' MARKINGS, SIGNS, & ~CCESSORIES LS 1 $93,813 $93,813 32 LANDSCAPE Pl,MJiJ:ING AND HYOROSEEDING LS 1 $157,368 $157,368 '\. f ., -- SUB-TOTAL $ 25,864,704 10% CONTINGENCY $ 2,586,470 IUiAL $ 28 451174 Prep ared for: V illa ge of K ey Biscayne A EC O M 17 Storm w ater System Im provem ents for the K-8 School Basin Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Appendix B - Net Present Worth Analysis Prepared fo r: Village of Key Biscayne AECOM 18 Sto rm w ate r S ystem Im p rove m e nts for the K -8 S cho ol Ba sin D raft Storm w ater Facilities Plan AEC O M Pro ject N o.: 60690139 Net Present Value Calculation Assumptions Project Study Term (Years) 30 Loan Term (Years) 20 Discount Rate For Net Present Value 5.00% Loan Interest Rate 5.00% Replacement Cost Escalation Rate 2.50% Operations and Maintenance Escalation Rate 5.00% Operations and Maintenance Cost Per Linear Foot of Pipe $8.00 Operations and Maintenance Cost Per Pump Station $50,000.00 . Operations and Maintenance Cost Per Water Quality Device ' ,r $15,000.00/ .. Alternative 2 Net Present Value Calculation Summary Alternative 3 Total Pipe Length (Feet) 17,954 Alternative 3 Total Number of Pump Stations Alternative 3 Total Number of Water Quality Structures Alternative 3 Construction Cost 0 p Alternative 3 First Year Annual O&M Cost -$144,000 Alternative 3 End of Life Cycle Replacement Cost -$27, 733,000 Alternative 3 Net Present Value -$'53,270,000 Alternative 3 Constructibn Cost Alternative 3 First Year Annu~I G&M Cost 17,954 1 2 -$28,451,174 -$224,000 -$59,679,000 -$109,203,000 Prepared for: V illa g e of K e y Biscayne AEC O M 19 Storm water System Im pro vem ents for the K-8 School Basin Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Alternative 2 Operation and Maintenance Vear Capital Cost Cost Restoration Cost 1 $0.00 $0.00 $0.00 2 -$1,060,907.39 -$144,000.00 $0.00 3 -$1,060,907.39 -$158, 760.00 $0.00 4 -$1,060,907.39 -$166,698.00 $0.00 5 -$1,060,907.39 -$175,032.90 $0.00 ,I'• 6 -$1,060,907.39 -$183, 784.55 $0.00 . 7 -$1,060,907.39 -$192,973. 77 $0.00 8 -$1,060,907.39 -$202,622.46 $0.00 ., 9 -$1,060,907 .39 -$212,753.58 $0.00 ., 10 -$1,060,907.39 -$223,391.26 $0:00 11 -$1,060,907 .39 -$234,560.83 $0.00 12 -$1,060,907.39 -$246,288.87 ·' $0.00 13 -$1,060,907.39 -$258,603.31 $0.00_ 14 -$1,060,907.39 -$271,533.48 $0;,00 15 -$1,060,907.39 -$285,llQ.15 $0.00 16 -$1,060,907.39 -$299,365.66 $0.00 17 -$1,060,907.39 -$314,33'~.94 , ....__ $0.00 -$1,060,907.39 -$330,050.64 - $0.00. 18 ., 19 -$1,060,907.39 -$346,553.17 ,, $0:00 ·- 20 -$1,060,907.39 -$363,880.83 $0.00 21 -$1,060,907.39 :$382,074.87 $0.00 22 $0.00 -$401,178.61 ' ~ $0.00 23 $0.00 ·- -$421,2.37.54 •. $0.00 24 $0.00 -$442,299.42 $0.00 25 ~ so.eo '\.. ~- -$464,414.39 $0.00 Lb .. / / - $0.00 -$487,635.11 $0.00 27 // $0.00 -$512,016.87 $0.00 28 $0.00 -$537,617.71 $0.00 29 ' $0.00 -$564,498.60 $0.00 30 $0.00 / -$592,723.53 -$27,733,000.00 . $0._00 - -$622,359. 70 $0.00 31 Total= -$21,218,147.72 -$10,038,353. 74 -$27, 733,000.00 Prepared for: Village of Key Biscayne AECOM 20 Sto rm w ater S ystem Im pro vem e nts for the K-8 S cho o l Ba sin Draft Storm w ater Facilities Plan AEC O M Project No.: 60690139 Alternative 3 Operation and Maintenance Year Capital Cost Cost Restoration Cost 1 $0.00 $0.00 $0.00 2 -$2,282,995.81 -$224,000.00 $0.00 3 -$2,282,995.81 -$246,960.00 $0.00 4 -$2,282,995.81 -$259,308.00 $0.00 5 -$2,282,995.81 -$272,273.40 $0.00 6 -$2,282,995.81 -$285,887.07 $0.00 7 -$2,282,995.81 -$300,181.42 $0.00 .. 8 -$2,282,995.81 -$315,190.49 $0.00 ~ ' 9 -$2,282,995.81 -$330,950.02 so.oo" 10 -$2,282,995.81 -$347,497.52 $~00 11 -$2,282,995.81 -$364,872.40 · $0.00 12 -$2,282,995.81 -$383,116.02 ,,,, $0.00 13 -$2,282,995.81 -$402,271.82 ,. $0.00 •, 14 -$2,282,995.81 -$422,385.41 \.. ' •. $0-00 15 -$2,282,995.81 -$443,5_04.68 $0~00 16 -$2,282,995.81 -$465,679.91--... $Q.OO, 17 -$2,282,995.81 -$488~~6i91 " .,, ...... $0.00 :, , 18 -$2,282,995.81 -$513,4r12¼0 ,I ~ --..."$0.00 ~ 19 -$2,282,995.81 -$539,082.71 ,.~ , $0·.00 20 -$2,282,995.81 -~. ·-$;;66,036:~4 $0.00 21 -$2,282,995.8l ,$984,338.69 \ $0.00 22 $0.00 ... .-ss'24,055.62 I\ $0.00 23 $0.00~ '._ -$655;158.40....,,.,, $0.00 24 $0.00 " , r -$688~021.32 .... $0.00 25 $0.00,. ' -$722,422.39 $0.00 26 $0.0Q ... ...... ,-$758,543.51 $0.00 27 / $0.00 ' -'$;796,470.68 $0.00 28 , $0.00 •\ :$836,294.22 $0.00 ~~- 29 \,,__ $0.00 I -$878,108.93 $0.00 30 \,,.$0.00 ' / -$922,014.37 -$59,679,000.00 31 . $'0.0Q y -$968,115.09 $0.00 Total= -$45,659~916.21 -$15,615,216.93 ; -$59,679,000.00 Prepared fo r: V illa ge of Ke y Biscayne A EC O M 21 Stormw ater System Im pro vem ents for the K-8 School Basin Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Appendix C - Environmental Assessments Prepared for: Village of Key Biscayne AECOM 22 A p pend ix C Environm e ntal A sse ssm e nts D ra ft Storm w ater Faci lities Plan A EC O M Pro ject No.: 60690139 Appendix C - Environmental Assessments Table of Contents 1 1.2.1 1.2.2 1.2.3 Preliminary Marine Benthic Review 5 1.1 Introduction 5 1.2 R esults 6 Outfall 1 - South (VKB O utfall #12) 6 Outfall 2 - East (VKB Outfall #15) 6 Outfall 3 - North (VKB Outfall #14) , 6 1.3 Sum m ary 7 1.4 Photo Log 8 2 Essential Fish Habitat Assessment.. 13 2.1.1 2.2 2.3 2.3.1 2.3.2 2.4 2.4 .1 2.4 .2 2.4 .3 2.4 .4 2.4.5 2.5 2.5.1 2.5.2 2.5.3 2.5.4 2.5.5 2.6 2.7 2.7.1 2.7.2 2.7.3 2.7.4 2.7.5 2.7.6 2.1 Action Area , 13 EFH C onsultation H istory , , 13 Pro posed Action , : 13 EFH, M anaged Fisheries, and Fishery M anagement Plans 13 Background .' 13 Essential Fish Habitat , 15 EFH Habitat Types within the Proposed Action Area 21 Estuarine Intertidal Scrub-Shrub W etland 21 M arine and Estuarine W ater Colum n ~abit@_t 21 Soft Bottom (M ud, Sand, Clay) " 22 Seagrasses , 23 Coral R eefs and Live/H ardbottom 23 Federally M anaged Specfes 24 Spiny Lobster _. , 24 Reef Fish 24 Sharks ,, 25 C oastal M igratory P'~lagics .. ,,,. 25 Shrim p , , , 25 Habita t Area s o f Particular Concern 26 Assessm ent of Potential Im pacts., 26 -Cor struction M ethods 26 Wa ter Quality, Sedim ent Resuspension and Turbidity 27 Bent ic H abitat 28 Corals· , 28 Underw ater N•oise 28 Displacem ent 29 2.8 Pro posed M itigation M easures 30 2.9 The Effects of the Action: Sum mary and Conclusions 31 3 Marine Species Biological Assessment 32 3.1 Introduction 32 3.2 Pro tected Species and Habitats 32 3.2.1 Introduction 32 3.2.2 Assessm ent M ethodology 32 3.3 Species O ccurrence and Effect Determinations 33 3.3.1 State and Federally Listed/Pro tected W ildlife Species 34 3.3.1.1 Federally Li sted Species 34 3.3.2 C ritical H abitats 39 Prep ared fo r: V illag e of K e y Biscayne A EC O M 1 Appendix C Enviro nm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 3.4 Assessment of Potential Impacts 39 3.4.1 Mammals 39 3.4.2 Reptiles 40 3.4.3 Birds 41 3.4.4 Construction Methods 43 3.5 Proposed Mitigation Measures 43 3.6 The Effects of the Action: Summary and Conclusions 44 4 Manatee Protection Plan (MPP) 45 4.1 Introduction 45 4.2 Manatee Protection Measures , 45 Fig u re s Figure 1, Existing Outfall Locations , "'•· .. ·· .. ···· 5 Figure 2, Search Pattern Used to Observe Resources at the Existing Outfall l.ocatlons. 6 T ab le s Table 1, FMP Species with EFH and HAPC that may be within the Vicinfty of the Proposed Action 15 Table 2, Potential Effects of the Proposed Activities on FMP Species 29 Table 3, Listed/Protected Wildlife Species, Designation, and Potel'ltia) (or Occurrence 33 Prepared for: Village of Key Biscayne AECOM 2 Appendix C Enviro nm ental Assessm ents Draft Storm water Facilities Plan AECOM Project No.: 60690139 Acronyms and Abbreviations MCEI AECOM BA BMP BBAP CFR cfs CWA dB DRER DERM DO EEZ EFH EOP ER ERP ESA FDEP FOOT FFE FMC FMP FR FFWC FPL fps ft2 GOM HAPC JAXBO JPA mg/L MHW mm MOT MSA American Association Cost Engineers International AECOM Technical Services, Inc. Biological Assessment Best Management Practice Biscayne Bay Aquatic Preserve Code of Federal Regulations cubic feet per second Clean Water Act decibel Miami-Dade County Department of Regulatory and Economic Resources DRER Division of Environmental Resource Management dissolved oxygen Exclusive Economic Zone Essential Fish Habitat Edge of Pavement ecoregion Environmental Resource Permit Endangered Species Act Florida Department of Environmental Protection Florida Department of Transportation Finished Floor Elevation Fishery Mana ernent eouncfl Fishery Management Plan Federal Register Florida Fish an Wildlife Conservation Commission Florida Power a~d Light feet per second squa re feet Gulf of M e xico Habitat Area of Particular Concern U.S. Army Corps of Engineers Jacksonville District Programmatic Biological Opinion Joint Powers Agreement milligrams per liter mean high water millimeters Maintenance of Traffic Magnuson-Stevens Act Prepared for: Village of Key Biscayne AECO M 3 Appendix C E11viru11111ll11lal Ass!lSS111!l11ls Draft Stormwater Facilities Plan AECOM Project No.: 606!l013!l msl NAVO NEPA NGVD NMFS NOAA NPDES NTU ppt PRO PTS PWD SAV SEL SFWMD SLR TSS TTS U.S. USACE USC U.S.C. USCG USEPA USFWS Village ZOI mean seal level North American Vertical Datum National Environmental Policy Act National Geodetic Vertical Datum National Marine Fisheries Service National Oceanic and Atmospheric Administration National Pollutant Discharge Elimination System Nephelometric Turbidity Unit parts per thousand Protected Resources Division Permanent Threshold Shift Public Works Department Submerged Aquatic Vegetation Sound Exposure Level South Florida Water Management District Sea Level Rise total suspended solids Temporary Threshold Shift United States United States Army Corps of Engineers United States Code U.S. Congress United States Coast Guard United States Environmental Protection Agency United States Fish & Wildlife Service Village of Key Biscayne Zone of Influence Prepared for: Village of Key Biscayne AECOM 4 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Pro ject No.: 60690139 1 Preliminary Marine Benthic Review 1.1 Introduction On March 20, 2023, qualified biologists from AECOM performed a preliminary marine benthic review of the three (3) proposed outfall locations within the Hurricane Harbor basin on the western side of the Village. This preliminary review was performed to identify potential resources within the immediate area of the proposed outfalls associated with the K-8 Basin project. A formal Benthic Resource Survey would need to be performed between June 1 and September 30, in accordance with the Guidance on Surveys for Potential Impacts to Submerged Aquatic Vegetation as defined by the FDEP. The preliminary marine benthic review was performed by two snorkeling biologists. The biologists entered the Hurricane Harbor from a boat and began the survey at the existing outfall loc tions (see Figure 1). At each site, a 25-foot by 25-foot area was surveyed with the proposed outfall loc tion as the center point of one edge of the survey area. For Outfalls 1 and 3, it was not possible to start the survey against the shore/seawall due to the presence of red mangroves (Rhizophora mangle); the survey was initiated as close to the mangroves as safely possible. The survey proceeded fro the proposed outfall location along the shoreline for 12.5 feet in each direction from the center, then f::le diver turned wate ard, traveled 5 feet, and then returned to the center line (see Figure 2) with the survey extending to a dist . ce of 25 feet from shore at the proposed outfall locations. Observed resources and approximate locations were recorded and representative photos were taken. Visibility was limiled to less than t,.alf a foot due to the suspended sediments in the water column caused by ongoing winds. ~es Its oft e preliminary benthic investigation are detailed below. 300 Feef I liseayne Bay Legend /J Existing Outfall Figure 1, Existing Outfall Locations Prepared for: Village of Key Biscayne AECOM 5 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Figure 2, Search Pattern Used to Observe Resources at the Existing Outfall Locations 1.2 Results 1.2.1 Outfall 1 - South (VKB Outfall #12) Outfall 1 is in an area dominated by mature red mangroves. The survey area waterward of the mangroves was comprised of predominantly a silt size sediment substrate-with no resources apparent within the survey area, which ranged in depth from approximately 5 feet at the mangrove fr,inge to a depth of greater than 10 feet at the outer limits of the survey area. Approximately five hard corals (Siderastrea spp.) were found to exist within the survey area and were situated on boulders located approximately 10 feet north and 15 feet waterward of the proposed outfall location and beneath an existing dock structure. These hard corals were small in size measured at less than 10 centlrnet [$. Oysters and rnacroalqae we observed binding to the mangrove prop roots and the existing dock pilings, Seagrasses were not found to exist within the survey rea footprint. It is suspected that the mangrove canopy cast a significant shadow over the survey reas, which is not conducive to the growth of seagrass. Additional roving by the biologist identifiea seagrass to be present north and waterward of the survey area with low density patches of paddle grass (Rlalophila decipiens) and turtle grass (Thalassia testudinum) at less than 1 %. Green algae ( alimeda SP,.) were observed outside the survey footprint. 1.2.2 O utfall.2 - ·East (VKB Ou· all #15) Outfall 2 is on an existipg seawall that contains a mosaic of vegetative species dominated by landscaped palm trees. The dep th of water along the seawall was observed to be approximately 4 feet sloping significantly waterw ard o a depth of approximately 10 feet over a predominantly bare silt substrate. Hard corals were observed along the seawall and bound to the rocks and piping observed at the base of the seawall. The hard corals observed were limited to Siderastrea spp. with smaller size classes and some corals up to 10 centimeters in di meter. More than eight hard corals were observed. Minimal amounts of macroalgae were observed alon the seawall and rock rubble. No other resources were identified in the area. Four West Indian manatees were observed loafing adjacent to the site. 1.2.3 Outfall 3 - North (VKB Outfall #14) Similar to the results stated above for Outfall 1, Outfall 3 is in a location currently dominated by mature red mangroves. At the base of the mangroves and along the seawall to the west, large boulders were observed on the substrate. The depth from the water's surface to the top of the boulders was approximately 2 feet. The depth to the substrate adjacent to the boulders was approximately 5 feet and sloped significantly waterward to a depth of greater than 10 feet over a predominantly bare silt substrate. Macroalgae and hard corals (Siderastrea spp.) were observed bound to the seawall and boulders. Six hard corals were observed and measured to be less than 10 centimeters in diameter. Macroalgae of various species were observed bound to the mangrove prop roots and in small patches random situated on the substrate of the survey area. No other resources were identified in the area. Prepared fo r: Village of Key Biscayne AECOM 6 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 1.3 Summary Based on the preliminary marine benthic review conducted in March 2023, seagrasses are not present within a 10-foot radius of any of the proposed outfall sites. Hard coral (Siderastrea sps.) of small size classes were observed at each of the three proposed outfall locations. The substrate consists of unconsolidated sediments of silt size grains. Potential modifications to Outfalls 1 and 3 would require impacts to the existing mangroves if the seawalls are reconstructed. Lastly, manatees were observed in close proximity to the site. No other protect flora or fauna were observed. Prepared for: Village of Key Biscayne AECOM 7 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 1.4 Photo Log Site Location: Outfall 1, Hurricane Harbor, Key Biscayne Photo No.: 1 D<1te: 20 Mar 2023 Direction Photo was taken: I\JE E SE S en 90 1,0 iso isu ;.,10 • I • I • I • I • I O I • I • I • I • I • I • I • I • I • I • I O I • I • I Description: View of the existing red mangroves and dock structures at Outfall 1. Photo No.: 2 Date: 20 Mar 2023 Direction Photo was taken: East Description: View of the existing red mangroves at Outfall 1. Prepared for: Village of Key Biscayne AECOM 8 A p pe nd ix C Enviro n m e ntal A sse ssm e nts Draft Storm w ater Faci lities Plan A EC O M Pro ject No.: 60690139 Site Location: Outfall 1, Hurricane Harbor, Key Biscayne Pho to No.: 3 Date: 20 Mar 2023 D irection Photo w as taken: North D escription: View of boulders under the existing dock at Outfall 1 with several hard corals (Siderastrea spp.). Prepa red fo r: V illa ge of K ey Biscayne A EC O M 9 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Site Location: Outfall 2, Hurricane Harbor, Key Biscayne Photo No.: 5 Date: 20 Mar 2023 Direction Photo was taken: East Description: View of hard corals ( Siderastrea spp.) observed on the existing seawall. Site Location: Outfall 3, Hurri ne Harbor, Key Biscayne Photo No.: 6 Date: 20 Mar 2023 W NW J N NE 'J70 Jllfl '<'.{fl • fl '1() fifl I • I • I • I • I • I • I • I • I • I • I • I • I • I • I • I • I • I • I Direction Photo was taken: North Description: View of the existin~ red mangroves at Outfall 3. Prepared for: Village of Key Biscayne AECOM 10 A p pend ix C Environ m e ntal A sse ssm e nts Dra ft Storm w ater Facilities Plan A EC O M Project No.: 60690139 Site Location: Outfall 3, Hurricane Harbor, Key Biscayne Photo No.: 7 Date: 20 Mar 2023 Direction Photo was taken: Northeast Description: View of the existing red mangroves at Outfall 3. Photo No.: 8 Date: 20 Mar 2023 Direction Photo was taken: North Descriptio View of hard-corals (Siderastrea sp-t observed on the existing boulders. Prep a re d fo r: V illa ge of K ey Biscay ne AEC O M 11 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Site Location: Outfall 3, Hurricane Harbor, Key Biscayne Photo No.: 9 Date: 20 Mar 2023 Direction Photo was taken: South Description: Green macroalgae and unconsolidated sediments seen waterward of Outfall 3 at~ 7-feet depth. iremainder of this page intentionally blank} Prepared fo r: Village of Key Biscayne AECOM 12 A ppend ix C Enviro nm e ntal A sse ssm e nts Draft Storm w ater Faci lities Plan AEC O M Pro ject No.: 60690139 2 Essential Fish Habitat Assessment The purpose of this section is to present the findings of an Essential Fish Habitat ("EFH") Assessment for the Pro posed Action, as required by the M agnuson-Stevens Fishery Conservation and Management Act of 1976, as am ended thro ugh the 1996 Sustainable Fisheries Act (Magnuson-Stevens Act ("MSA"]). The objective of this EFH Assessment is to evaluate whether the Proposed Action may affect EFH designated by the National M arine Fisheries Serv ice ("NMFS"), also known as National Oceanic and Atmospheric Adm inistration ("NO AA ") Fisheries, the South Atlantic Fisheries Management Council ("SAFMC") for the project area or Zone of Influence ("ZO I"), and Habitat Areas of Particular Concern ("HAPC"). The ZOI for the pro posed pro ject is located within both EFH habitat and HAPCs. This EFH Assessment includes a description of the Pro posed Action; an analysis Qf direct, indirect, and cumulative effects on EFH for federally m anaged fish species and their prey; the potential effects of the Pro posed Action; pro posed m itigation m easures to m inimize expected pro ject effects if applicable; and a sum m ary of potential im pacts. 2.1 Action Area The action area incl udes three existing outfalls in an area within the illage of Key Biscayne, Florida, known as Hurricane Harbor, centered at 25.6908°, -80.1736°. Hurricane Harbor i~ an area on the western side of Key Biscayne w hich encompasses appro ximately 3.8 acres of surface waters. W ater depths range fro m 3- 15 feet w ithin the basin. The Hurricane Harbor is of irregular shape with a mouth to the harbor measured at appro xim ately 150-fo ot in width and leading to a basin wi<;ltli of climensions 425-foot east to west and 235-fo ot north to south. The area is surro unded by single family homes with a shoreline that consists of vertical seaw alls, concrete bags, or earthen edges sloped toward tlie basin. An aerial map showing the appro xim ate locations of the existing structures is pro ided as Figure 1 iA the previous section. 2.1.1 EFH Consultation H1~ AECO M , on behalf of the Village, p0m pleted a Biologica.,l Assessment ("BA"); refer to Section 10, Marine Species Biological Assessment ,of this B DR. 2.2 Proposed The proposed action will lfll p ement stormwater drain ge impro vements surrounding the K-8 School and street im provements within the iom ity of the school and along W est M cI ntyre Drive and West Enid Drive. Drainage features incluoe pipes, a pro posed pump station and generator with ra ised electrical panels to be installed at Harbor Drive Park between W est M cI ntyre Drive and W est Enid Drive and force mains to three existing outfaU . If the existing outfalls were to be rehabilitated, m anatee exclusion gra tes and dissipater structures i (he fo rm of rip rap r bble WO!Jlc! need to be installed on a ten-foot by ten-foot area of the benthic substrat b ow each of the oµ all locations. If additional easements along the shoreline are obtained by the Village, the existing outfalls would require the construction of a vertical seawall at each of the locations to support the new outfall pipes. Habitat supporting m ature m angroves were identified at each of these locations during a prelim inary i estigation within the area. The m angro ves m ay be required to be impacted to support the proposed project. The drainage features will serve the immediate area as well as areas adjacent to the site for future needs. Proposed street improvements will be designed to the Village's level of serv ice requirements. 2.3 EFH, Managed Fisheries, and Fishery Management Plans 2.3.1 Background M arine fisheries in the United States ("U.S.") are m anaged within a framework of overlapping federal, state, interstate, and tribal authorities. NOAA Fisheries and its eight regional Fishery Management Councils ("FMC ") are responsible fo r the m anagement and protection of fisheries and habitat essential for the survival of m anaged species. In the southeastern U.S., the U.S. Secretary of Commerce, acting thro ugh NOAA Fisheries and in coordination with the SAFMC, has been delegated this authority under the pro visions of the M SA (Public Law 104-208). Prepared fo r: V illa g e of K e y Biscayne A EC O M 13 Appendix C Enviro nm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 The SAFMC is responsible for the management of fish stocks and areas of EFH within the federal 200-mile limit of the Atlantic Ocean coastline from North Carolina through Florida. The MSA, as amended by the Sustainable Fisheries Act of 1996, sets forth several mandates for NOAA Fisheries and the SAFMC to identify and protect important marine and fish habitat, and to delineate EFH for managed species within the Exclusive Economic Zone ("EEZ"), including highly migratory species (e.g., billfish, sharks, and tuna) that make extended migrations beyond the EEZ. The U.S. Congress ("U.S.C.") defined EFH as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity" [16 U.S.C. 1802 (1 O)]. The EFH definition is further interpreted as follows (Federal Register [FR] 62, 244, December 19, 1997): • Waters include aquatic areas and their associated physical, chemical, and biological properties that are used by fish and may include aquatic areas historically used by fish where appropriate, • Substrate includes sediment, hard bottom, structures underlying the waters, and associated biological communities, • Habitat required to support a sustainable fishery and the managed species contribution to a healthy ecosystem, and • Spawning, breeding, feeding, or growth to maturity covers a species' full life cycle. Section 303(a)(7) of the amended MSA directs NOAA Fisheries and the SAFMC, under the authority of the Secretary of Commerce, to describe and identify EFH within each Fishery Management Plan ("FMP"); minimize to the extent practicable, the adverse effects of fishing on EF.H; and identify other actions to encourage the conservation and enhancement of EFH. The SAFMC has since designated EFH for many species under its jurisdiction and has identified ways to minimize adverse impacts to EFH in the FMPs provided within the Final Habitat Plan for the South Atlantic Region (SAFMC, October 1998). Additionally, the SAFMC has designated several Habitat Areas of P.articular Concern (HAPCs; subsets of EFH), which include areas that hold an especially important ecological function, are sensitive to human-induced environmental degradation, are particularly vulnerable to development activities, or are particularly rare. Section 305(b )(2) of the MSA "requires federal action agencies to consult with NOAA Fisheries on all actions, or proposed actions, authorized, funded, or undertaken by the agency, that may adversely affect EFH." An adverse effect is defined as "any impact which reduces the quality and/or quantity of EFH," which includes physical, chemical, or biological effects (NMFS, 2004 ). Effects may manifest in several ways, either directly or indirectly, and on any spatial scale, including areas beyond EFH. For example, changes in water quality, benthic communities, or prey availability may constitute adverse effects on EFH. An impact that reduces the quality or quantity of EFH is an adverse effect. Effects are evaluated on a spatial scale from site-specific to habitat-wide, and on a temporal scale that includes the cumulative effects of multiple actions on EFH. The EFH Guidelines (50 Code of Federal Regulations [CFR] 600.05-600.930) outline the process for federal agencies, NOAA Fisheries, and the FMC to satisfy the EFH consultation requirement under Section 305(b)(2)-(4) of the Magnuson-Stevens Act. As part of the EFH consultation process, the guidelines require federal action agencies to prepare a written EFH Assessment describing the effects of that action on EFH (50 CFR 600.920'(e)(1)). An EFH Assessment is a critical review of a proposed project and its potential impacts to EFH. As set forth in the rules, EFH Assessments need to include: (1) a description of the proposed action; (2) an analysis of the effects, including cumulative effects, of the action on EFH, the managed species, and associated species by life history stage; (3) the federal agency's views regarding the effects of the action on EFH; and (4) proposed mitigation, if applicable. The level of detail in an EFH Assessment should be commensurate with the complexity and magnitude of the potential adverse effects of the action. EFH Assessments are needed for efficient and effective consultations between a federal action agency and NOAA Fisheries. Under the MSA, federal agencies are required to consult with the NOAA Fisheries Service when their proposed activities may have an adverse effect on EFH. The MSA defines an adverse effect as "any impact which reduces quality and/or quantity of EFH." Adverse effects may include direct or indirect physical, chemical, or biological alterations of the waters or substrate and loss of, or injury to, benthic organisms, prey species and their habitat, and other ecosystem components, if such modifications reduce the quality and/or quantity of EFH. Adverse effects to EFH may result from project activities occurring within EFH or outside of EFH and may include site-specific or habitat-wide impacts, including individual or synergistic consequences of actions. Prepared fo r: Village of Key Biscayne AECOM 14 A pp end ix C Enviro nm ental A sse ssm e nts Draft Storm w ater Faci lities Plan A EC O M Project N o.: 60690139 This assessment of EFH for the Village of Key Biscayne Improvements Project is being provided in conformance with the 1996 Amendments to the MSA. Section 2.0 discusses the proposed action. Section 3.0 (EFH, Managed Fisheries, and Fishery Management Plans) of this assessment provide a general description of the EFH and HAPCs found within the project area as well as a description of the SAFMC managed species that may potentially utilize EFH within the project evaluation area. Section 4.0 (Assessment of Potential Impacts) evaluates avoidance and minimization measures to eliminate and/or reduce EFH impacts resulting from the proposed project. Section 5.0 (Mitigation) and Section 6.0 (The Effects of the Action), provide our conclusions and proposed mitigation measures. 2.3.2 Essential Fish Habitat The 1996 amendments to the MSA set forth a mandate for NOAA Fisheries, regionai'FMC, and other federal agencies to identify and protect EFH of economically important marine and estuarine fisheries. To achieve this goal, suitable fisheries habitat needs to be maintained. A provision of the MSA requires FMC to identify and protect EFH for every species managed by an FMP (USC 1853(a)(7)). In .general, EFH is designated based on two components: the life-stage of the species and the habitat !YPe required'durinq that life-stage. Using this approach, the SAFMC identifies categories of EFH ba ed on the biological requirements of a managed species during each life-stage (eggs, larvae, post-larvae, early juveniles, late juveniles, adults, and spawning adults). Eggs are the fertilized product of individuals tfl:at have spawned, individuals depending completely on their yolk-sac for nutrition in this unhatched phase. Larvae are individuals that have hatched and can generally capture prey. Juveniles are individuals that are not sexually mature but have fully formed organ systems, like those of adults. Adults are se ually mature individuals that are not necessarily in spawning condition, while spawning adults are those individuals capable of producing offspring. The SAFMC manages commercial and recreation I fisheries resources-in federal waters under the following eight FMPs: Coastal Migratory Pelagic-- (mackerel and cobia); Dolphin and Wahoo; Sargassum; Golden Crab; Shrimp; Snapper Grouper; Coral and Live Bottom Habitat; and Spiny Lobster. It should be noted that highly migratory species (sharks, billfish, a~d tuna) are directly managed by the Atlantic Highly Migratory Species Division of NOAA Fisheries under he incidental harassment authorization consolidated FMP, which includes the Atlantic waters and fisher:ie~.., Given the geographical location of the Proposed Action, the SAFMC has designated EFH for various species/management groups and associated species at various life-stages that may be found in the area. Table 1 P.FOVides a list of the derally manaqed species with designated EFH and HAPC that use or may use the project area at any titne, given their geographical distribution, life-history, and physiological tolerances (NQAA, 2023). Table 1, FMP Species with EFH and HAPC that may be within the Vicinity of the Proposed Action ' / Life-Stage Common name Scientific name (Eggs, Larvae, Juvenile, and Adult) Spiny Lobster Spiny lobster Panulirus argus All Slipper lobster Scyllarides nodifer All Prep ared fo r: V illa ge of K ey Biscayne A EC O M 15 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Life-Stage Common name Scientific name (Eggs, Larvae, Juvenile, and Adult) Reef Fish Almaco jack Serio/a rivoliana All Anchor tilefish Caulolatilus intermedius / .. All / Atlantic Spadefish Chaetodipterus faber All .,," Banded rudderfish Serio/a zonata All Bank Sea Bass Centropristis ocyurus ;··· All Bar Jack Caranx ruber .',,,; All Black grouper Mycteroperca e_onaci '. All Black Sea Bass Centropristis striata All '\ 7 Blackfin snapper Lutjanus buccanelia All Blackline tilefish - Caulolatilus cyanops All ./. ., ', - Blue runner Caranx crysos All Blueline tilefish ...... Caulo/atilus microps All ~ Bluestriped grunt Haemulon sciurus All Coney grouper Cephalopholis fulva All ' Cottonwick grunt Haemulon me/anurum All - Crevallejack Caranx All Cubera snapper Lutjanus cyanopterus All Dog snapper Lutjanus jocu All Dolphin/Dorado/Mahi Coryphaena hippurus All Dwarf sand perch Diplectrum bivittatum All Prepared fo r: Village of Key Biscayne AECOM 16 !""#$%&' ( )$*&+,$-#$./0 !11#11-#$.1 2+/3. 4.,+-5/.#+ 6/7&0&.&#1 80/$ !)(9: 8+,;#7. <,=> ?@?A@BCA Life-Stage Common name Scientific name (Eggs, Larvae, Juvenile, and Adult) 6+#$7D E+F$. Haemulon flavolineatum !00 G/E E+,F"#+H(D/+7,/0 I#00J Mycteroperca microlepis !00 G,0%#$ .&0#3&1D Lopholatilus chamaeleonticeps / K !00 HL G,0&/.D E+,F"#+ Epinephelus itajara M !00 G+/11 ",+EJ Calamus arctifrons !00 N O G+/J 1$/""#+ Lutjanus griseus ,, .I',_ !00 G+/J .+&EE#+3&1D Balistes capriscus PQ= // !00 G+/J1IJ E+,F"#+ Cephalopholis C[Llentata MR !00 .... MRS G+#/.#+ /-I#+;/7T Serio/a du._merilt ....... !00 - \ :r ,· U,E3&1D Lachnolaimus ma~imus !00 \ V,0.D#/% ",+EJ .I Ca[amus bajonaci,o !00 W$,II#% ",+EJ PM Calamus nogo·sus !00 N ,, X/$# 1$/""#+ N Lutjanus synagris !00 = ,, M M X#11#+ /-I#+;/7T Serio/a fasciata !00 . Y X,$E1"&$# ",+EJ Stenotomus caprinus !00 :/D,E/$J 1$/""#+ / Lutjanus mahogoni !00 ·,./ :/+I0#% E+,F"#+ Epinephelus inermis !00 :/+E/.# E+F$. Haemulon album !00 :&1.J E+,F"#+ Epinephelus mystacinus !00 :F..,$ 1$/""#+ Lutjanus analis !00 </11/F E+,F"#+ Epinephelus striatus !00 8+#"/+#% 3,+> Z&00/E# ,3 W#J [&17/J$# !)(9: 17 Appendix C Enviro nm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Life-Stage Common name Scientific name (Eggs, Larvae, Juvenile, and Adult) Ocean triggerfish Canthidermis sufflamen All Porkfish Anisotremus virginicus All Puddingwife Halichoeres radiatus .,r ,· All ( Queen snapper Etelis oculatus 1 All Queen triggerfish Balistes vetula All Red grouper Epinephelus morio ,,,, All ('_ :r· Red hind grouper Epinephe/us guttatus All Red porgy Stenotomus chrysops .... All ' Red snapper Luljanus campechanus All Rock Hind grouper Epinephelus acf.scensionis All ' Rock sea bass ~ Centropristis philad~lphica All <- Sailors choice grunt Haemulon parra All Sand tilefish Ma/acanthus plumieri All - , Sand perch Diplectrum formosum All Saucereye porgy Calamus All Scamp ·~ Mycteroperca phenax All Schoolmaster Luijenus apodus All Sheepshead Archosargus probatocephalus All Silk snapper Luijenus vivanus All Smallmouth grunt Haemulon chrysargyreum All Snowy grouper Epinephelus niveatus All Prepared for: Village of Key Biscayne AECOM 18 A ppe nd ix C En viro nm e ntal A sse ssm e n ts Draft Storm w ater Facilities Plan AEC O M Pro ject No.: 60690139 Life-Stage Common name Scientific name (Eggs, Larvae, Juvenile, and Adult) Spanish grunt Haemu/on macrostomum All Speckled hind Epinephelus drummondhayi All Tiger grouper Mycteroperca tigris All ; Tomatate grunt Haemulon aurolineatum A~ All v· ' Vermilion snapper Rhomboplites aurorubens . A ll , Warsaw grouper Epinephelus nigritus ,./' All ~) A Whitebone porgy Calamus leucosteus ~- All White grunt Haemu/oh plL!f!1ierii ... , All Wenchman Pristipomoid~~aquilonaris .... 'V All ,. Yellowedge grouper E:pinephelus flavofi!Jlbatus All .. \ / Yellowfin grouper ;· Mycteroperca veQeFJ_osa All . ;/ Yellow jack '· CcJrangoides ba,thoomaei All Yellowmouth griuper MY..._cteroperca interstitialis All .. ,, , Yellowtail ~napper ' Ocyurus chrysurus All l Coastal Migratory Pelagics , Cobia "' / Ling, Rachycentron canadum All V King Mackerel Scomberomorus cavalla All Spanish Mackerel Scomberomorus maculatus All Golden crab Golden crab Chaceon fenneri All Jonah crab Cancer borea/is All Prepared for: V illag e of K ey Biscayne AEC O M 19 Appendix C Environm ental Assessments Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Life-Stage Common name Scientific name (Eggs, Larvae, Juvenile, and Adult) Red crab Chaceon quinquedens All Sargassum Sargassum Sargassum All r ·' Sharks 1 ~-- ' / Blacknose shark Carcharhinus acronotus Juvenile, Adult Blacktip shark Carcharhinus limbatus Larvae, Juvenile, Adult •' Bonnethead shark Sphyrna tiburo ... , Larvae, Juvenile, Adult Bull shark Carcharhinus leucas Juvenile, Adult ' Great hammerhead shark Sphyrna mokarran, All Lemon shark Negaprion brevirostris Larvae Nurse shark Ginglymostoma cirratum Juvenile, Adult Smooth hammerhead shark / Sphyrna /ewini Juvenile, Adult Spinner shark Carcharhinus brevipinna Larvae ~ Tiger shark 1:, Galeocerdo lewini Larvae, Juvenile, Adult Shrimp Brown shrimp Penaeus aztecus All . ~ . .. Pink shrimp Penaeus duorarum All White shrimp Penaeus setiferus All Rock shrimp Sicyonia brevirostris All Royal Red shrimp Pleoticus robustus All Prepared fo r: Village of Key Biscayne AECOM 20 A ppen dix C Environm e ntal A sse ssm e nts Draft Storm w ater Facilities Plan AEC O M Project No.: 60690139 NO AA Fisheries also designates specific habitat for m anaged species that m ay influence SAFMC food webs and connectivity should they be negatively impacted by anthro pogenic activities, such as coastal development. NO AA Fisheries divides EFH into estuaries, nearshore , and offshore. In addition, the agency separa tes EFH into estuarine and m arine components because they each support specific life­ stages. The estuarine com ponent is defined as "all estuarine waters and substrates (mud, sand, shell, ro ck and associ ated biological communities), including the sub-tidal vegetation (grasses and algae) and adjacent inter-tidal vegetation (marshes and m angro ves)." The marine component is defined as "all m arine w aters and substrates (mud, sand, shell, ro ck, hard bottom, and associated biological com m unities) fro m the shoreline to the seaward limit of the EEZ." The M S A , through the EFH provision, protects substrate needed for federally managed fisheries. In this context, "substra te" includes the associated benthic communities that m ake tl:lesfa areas suitable fish habitat. W ater colum n habitat (estuarine and marine) is defined in terms of preferred levels in the physiochemical fa ctors fo r m arine species, such as tempera ture, salinity, density, nutrients, and light availability. M ost m arine species rely on certain habitat during a specific Ii e-stage o for their entire life cycle (eggs-adult stage). Designated EFH for the managed fisheries is often based on the seasonal and year­ ro und occurrence of species, which is generally linked to their life~sta·ge. In estuarie , the EFH of each species is based on their relative abundance (common, abundant, ~ighly abundant). In offs: ore areas, EFH consists of those areas depicted as "adult areas," "spawnin~ areas," and "nursery areas." The pro ject area contains fo ur types of habitats that are e s ntial for fi~h species managed in the South Atlantic region: Estuarine Intertidal Scrub-Shrub W etland, M arine and Estuarine W ater Column Habitat, Seagrass Habitats and Coral Reefs Live/Hardbottom. This following section pro vides a general description of these habitat types and potential use by SA MC-managed species . 2.4 EFH Habitat Types within the Proposed Action Area 2.4.1 Estuarine Intertidal Scrub-Shrub Wetland Estuarine intertidal scrub-s ru m angrove) wetlands generally have high rates of primary production and are w idely recognized for pr13 iding a vari~ y of beneficiat biological and physical functions. This habitat is know n to pro vide important rsery, feeding, ar:1a~refl±9 e habitat for both recreationally and commercially im portant fisheries and their prey res urces (SAFMG, f 998a). It also plays an important part in the estuarine fo od w eb by pro v.iding Ii> rticulate organic detritus to the water column, pro viding ro okery habitat for a variety of bird species, and contributing to sedi ent stabilization for shoreline protection. Mangro ves are known to provide nurs ry habitat fo r ariety of s ecies, such as spiny lobster, pink shrimp, mullet, tarpon, snook, and m angrove snapper (Lewis et al., 1985). M angro ves located along the se wall directly abuts Biscayne Bay within the project area and receives tidal flow via a direct co nnection duping extreme high tide events. The m angroves within the pro ject area are considered m angrove fringe fo rests. M angrove fringe forests typically occur along sheltered shorelines with exposure to open water of lagoons and bays. The mangrove areas are isolated and do not demonstrate hydrologic connectivity to the surrounded upland area features. 2.4.2 Marine and Estuarine Water Column Habitat M arine and estuarine water colum n habitat traditionally comprises four salinity categories: oligohaline (< 8 ppt), mesohaline (8 -18 ppt), polyhaline waters (18 - 30 ppt), and some euhaline water (>30 ppt) aro und inlets. Saline enviro nm ents have m oving boundaries but are generally maintained by sea water transported thro ugh inlets by tide and wind mixing with fresh water supplied by land runoff. Particulate materials settle fr om these m ixing waters and accumulate as bottom sediments. Coarser-grained sediments, saline waters, P rep a red for: V illa ge of K ey Biscayne AEC O M 21 Appendix C Enviro nm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 and migrating organisms are introduced from the ocean, while finer grained sediments, nutrients, organic matter, and fresh water are input from rivers and tidal creeks. The sea water component stabilizes the system, with its abundant supply of inorganic chemicals and its relatively conservative temperatures. Closer to the sea, rapid changes in the environmental variables generally occurs, such as water temperature; water temperature is moderate compared to shallow upstream waters. Without periodic additions of sea water, seasonal thermal extremes would reduce the biological capacity of the water column, including reducing the recruitment of marine fauna from the ocean. While nearby wetlands contain some assimilative capacity abating nutrient enrichment, freshwater inflow and tidal flushing are important for circulation and removal of nutrients and wastes from the estuary (SAFMC, 1998a). The water column is the lifeblood of aquatic ecosystems. In many ways, it is the medium through which all other aquatic habitats are connected. As such, the water column provides a basic ecological role and function for organisms within it. The water column also provides other functions, both by itself and through benthic-pelagic coupling. Benthic-pelagic coupling refers to the processes that- affect the connectivity between the benthic zone and pelagic zone through the exchange of and sediments, energy and nutrients within the water column and play a critical function to food web nutrient cycles. The potential productivity of fish and invertebrates in a system is determined by the assirnilatien of energy and nutrients by green plants and other life at the base of the food chain. The potential productivity of a habitat can indicate its relative value in supporting fish populations. Although productivity in the water column is derived mostly from phytoplankton, it can also come from bacterial decomposition of plants (detritus), floating plants, and macroalgae (SAFMC, 1998a). In general, water column habitat exists wherever there is estuarine, nearshore, or offshore habitat. NOAA Fisheries describes the water column for EFH by water depth. Water col · mn habitat is loosely defined as 'the water mass between the surface and the b ttom" of marine and estuarine waters. Estuarine water column habitat supports numerous species dependi g on their specific requirements, which can change throughout their life cycle. Typically, lhert:J i:; c1 11\ixi1,1y of seawater and fresh water within estuarine environments, and the influx of nutrients ftom both sources results in high productivity (SAFMC, 2004 ). Most marine-spawning species use the water column during their egg and larvae life-stages; the estuarine water column transports eQgS and larvae since tliey are unable to swim. This habitat provides nursery, foraging, and refuge for many ecologically and commercially important shellfish and finfish. Differences in the chemical and physical properties of the water affect the biological components of the water column, including fish distribution. Water column properties that may affect fishery resources include temperature, salinity, dissolved oxygen ("DQ"), total suspended solids ("TSS"), nutrients (nitrogen, phosphorus), and chlorophyll a (SAFMC, 1998a),. Other environmental factors also affect the distribution of aquatic organisms, such as depth, pH, water velocity and movement, and water clarity. Salinity levels (18-30 parts per thousand [ppt]) re wide ranging and depend on the geographical distance to marine waters, water flow, and tides. Saline e. vironments have moving boundaries but are generally maintained by sea water transported through inlets by tide and wind mixing with fresh water supplied by land runoff. The water column has both horizontal and vertical components that cause seasonal variations in salinity, phytoplankton, oxygen content, and nutrients conditions ( SAFMC, 1998a ). 2.4.3 Soft Bottom (Mud, Sand, Clay) Soft bottom habitats include sediments composed of loose rock, gravel, cobble, pebble, sand, clay, mud, silt, and shell fragments. Soft bottom sediments range in size from gravel (larger than 2.0 millimeters [mm]) to sand (0.05 to 2.0 mm), silt (0.002 to 0.05 mm), and clay (less than 0.002 mm). Surface sediments may affect shrimp and [ish distributions directly in terms or feeding and burrowing activities or indirectly through food availability, water column turbidity, and related factors. Quartz sand predominates the nearshore environment, to a depth of 10 m to 20 m, from the Everglades northward along Prepared for: Village of Key Biscayne AECOM 22 A pp end ix C En viron m ental A ssessm e nts Draft Stor m w ater Faci lities Plan A EC O M Project No.: 60690139 the coast of Florida (GMFMC. 2004). Sediment quality is influenced by physical, chemical, and biological components; its deposit location; the properties of seawater; contaminants; and other factors. Because these factors interact to some degree, sediments tend to be dynamic and are not easily generalized. Benthic fauna and infauna often rework sediments in the process of feeding and burrowing. In this way, marine organisms can influence the structure, texture, and composition of sediments, including the horizontal and vertical distribution of substances in the sediment (Boudreau, 1998). Soft bottom habitat is sometimes associated with loose shell fragments; this habitat type can be inhabited by various infauna (e.g., worms and crustaceans) and epifauna (e.g., sea pens), which act as ecosystem engineers and modify these habitats by the presence of their physical structure or burrowing in the substrate (GMFMC, 2004). 2.4.4 Seagrasses Seagrass habitats throughout the tropics directly benefit multiple fishery resources by providing important nursery and forage habitat for many valuable commercial and recreational fishes .. Seagrass is part of a habitat complex that includes mangrove and hardbottom, which is historically abundant throughout Biscayne Bay. Seagrasses support a diverse community of fish and'lnvertebrates within he Biscayne Bay Aquatic Preserve ("BBAP") area and provide critical water quality maintenance functions, including stabilizing sediments, diminishing wave action, and producing and exporting detritus materia s, which is a key component to several estuarine and marine ecosystems. Several species of seagrass are found within Biscayne Bay: paddle grass (Halophila decipiens), shoal gr ss, turtle grass (Thal/assia testudinum), manatee grass (Syringodium filiforme), star grass (Halophila engelmannii) and Johnson's seagrass (Halophila johnsonii). This region of BBAP was previously desi n ted as critical habitat for Johnson's seagrass however the NMFS issued a final rule to remove Johnson's seagrass from the Federal List of Threatened and Endangered Species effective on Ma y 16, 2022. These actions also remove the critical habitat designation since it no longer qualifies for ltsting under the Endangered Species Act ("ESA"). In the South Atlantic region, all seagrasses are found on unconselldated-sediments in a wide range of physical settings and different stages of rneadowdeveloprnent ~ading to a variety of cover patterns from patchy to continuous. Seagrass patches form and m1~rate across the sea bottom, and in high current environments, movement is considerable am! beds tend o remain 1n a continuously patchy state (SAFMC A14 2016). In contrast, contiguous perennfal beds will tend to form in low energy embayments and protected areas. The SAFMC identifies seagrass habitat as EFH HAPC for several species managed under the Snapper Grouper FMP, sucf as adult white gc_unt (Haemulon plumien); juvenile and adult gray snapper (Lutjanus griseus) and 'laJle snapper (L.utjanus synagris); juvenile mutton snapper (Lutjanus analis), schoolmaster (Lutjanus,apodus), dog snapper (Lutjanusjocu); and goliath grouper (Epinephelus itajara). The seaqras .composition withij the proposed action area will be formally evaluated during the 2023 seagrass season and obse.rvations will be presented in a benthic resource report. A preliminary presence/absence evaluation conducted on March 20, 2023 identified that seagrass are located beyond the anticipated project boundaries and complete avoidance is feasible during construction. 2.4.5 Coral Reefs and Li ve/Hardbottom The coral, coral reefs, and live/hard bottom habitats located off the southeast coast of Florida are the primary natural reef builders in the region (SAFMC 2017). These habitats provide shoreline stabilization that protects nearby beaches and are utilized by over 500 species of fishes, invertebrates, and plants. Live/Hardbottom habitats are often centrally located between mid-shelf reefs to the east and estuarine habitats within inlets to the west. As such, they serve as settlement habitats for larvae or as intermediate nursery habitats for juveniles migrating in/out of coastal inlets. Nearshore reefs abate wave and current energy and are vital in the protection against coastal erosion. P rep a red fo r: V illa ge of K ey Biscayne AEC O M 23 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 The SAFMC has designated coral, coral reefs, and live/hardbottom habitat as a HAPC for species within the Coral FMP and the Spiny Lobster FMP. The project action area does not contain reef, however isolated hardbottom substrate may be present. The live/hardbottom habitat provides habitat for corals and possibly spiny lobster. A preliminary benthic resource evaluation was conducted on March 20, 2023 and did not identify the presence of coral. A formal survey will be conducted in June 2023 to further identify if coral resources are within the project footprint. Impact avoidance to corals will be implemented prior to construction commencement and will be further addressed during the environmental permitting process. 2.5 Federally Managed Species NOAA Fisheries authority to manage EFH is directly connected to species covered under FMPs in the United States, including Alaska, Hawaii, the U.S. Virgin Islands, and Puerto Rico. EFH sections of FMPs include detailed life-history and habitat information used to describe and identity EFH for each FMP's federally managed species. The FMPs and Amendments managed by the SA~MC describe EFH for species under the agency's jurisdiction. NOAA Fisheries manages EFl',I on the basis It can support the life­ stages of managed species, not the actual presence of those Iife-stages or species. NOAA Fisheries also has the authority to separately protect, conserve, and manage various protected species under the ESA. Of the 80 fish and macroinvertebrate species that are federally managed, two (2) species of spiny lobster and Snapper-Grouper fish species have designated EFH, indicated they are known to occur, or may potentially occur, permanently or seasonally within the Biscayne Bay area in close proximity to the Key Biscayne Hurricane Harbor. As such, the planned outfall construction activities could potentially impact EFH. These species are considered likely to utilize EFH within the project area based upon their known geographical distribution, life history information, ar.ie physiological toterances (SAFMC 1998a; SAFMC 1998b). 2.5.1 Spiny Lobster EFH for the spiny lobster in the Gulf of M exico ("G O M"') are waler depths between 5 and 10 rathoms from Tarpon Springs, Florida to Naples, Florida, and out t@ depths of 15 fathoms from Cape Sable, Florida, to the boundary between the areas covered by the SAF.MC and the Gulf of Mexico FMC ("GMFMC"). In general, the spiny lobster is fow,nd in offshore coral reefs and seagrasses however, the South Florida Reef Tract appears to be the most-impottartt habitat for this species (GMFMC, 2004). Areas of high relief on the continental shelf provide habitat and include coral reefs, artificial reefs, rocky hard bottom substrates, ledges and caves, sloPi.,ng soft bottom areas, and limestone outcroppings provide the ideal habitat conditions. Reproductive females mlqrate-to deeper waters (15-30 m) to release eggs. Larvae are water column associated and occur throughout the south Florida coastline in offshore waters. Juvenile spiny lobsters are known to use submerged aquatic vegetation, reefs, and hard bottom habitats (NMFS, 2016). 2.5.2 Reef ~ish Reef fish EFH in the SAFMP includes all estuaries. The Reef Fish FMP includes various species of snapper, grouper, and sea bass, which are commonly found in the warm, temperate waters of Biscayne Bay. Some of these species may also occur in the eastern Atlantic, and a few have representative populations within the eastern Pacific. Adults are known to use offshore coral reef, limestone, hard bottom, and artificial reef habitats, while juveniles occupy shallow, inshore areas associated with seagrass beds, mangroves, and inshore reefs (GM FMC, 1981 ). While most reef fish species occur within deeper offshore waters as adults, some use nearshore estuarine habitats during juvenile life-stages. Based on the presence of estuarine habitats, juvenile reef fish species may be found within the Proposed Action Area, including gray snapper, lane snapper, black yruuper, and gag grouper. Of these species, the gray snapper and lane snapper are known to occupy nearshore estuarine habitats, such as mangroves, soft bottom, and sand/shell substrate, throughout their entire life cycle. The remaining species use Prepared for: Village of Key Biscayne AECOM 24 A p pe nd ix C En viro nm e ntal A sse ssm e nts Draft Stor m w ater Facilities Plan A EC O M Pro ject No.: 60690139 nearshore estuarine habitats during juvenile life-stages only; adults migrate offshore to deeper hard bottom and reef habitats (GMFMC and NMFS, 2016). 2.5.3 Sharks Within the project area, EFH is present for ten species of sharks including blacknose, blacktip, bonnethead, bull, great & smooth hammerhead, tiger, spinner, nurse, and lemon sharks. These species of small and large coastal sharks use inshore and coastal habitats within the coast of Florida as nursery and foraging grounds. For instance, blacktip shark EFH for neonates and young of the year includes coastal areas, including estuaries and is one of the most productive blacktip shark nurseries. Blacktip shark neonate EFH is associated with water temperatures ranging from 20.8 to 32.2°C, salinities ranging from 22.4 to 36.4 ppt, water depth ranging from 3 to 25 feet, and DO ranging from 4.32 to 7.7 milligrams per liter (mg/L) in silt, sand, mud, and seagrass habitats. The blacknose shark is found at various water depths up to 45 m, benneihead shar is found at various water depths up to 80 m, lemon shark is found at various water depths.up to 91 m, and the bull, tiger, nurse, and blacktip shark are found at many water depths (Grace and Henwood, 1997). The largef coastal sharks include tiger, blacktip, bull, nurse, and lemon; smaller coastal sharks include blacknose, and bonnethead. Although each species has its own spatial and temporal patterns of habitat, general trends are observed among them and include utilization of inshore and estuaries as· primary nd/or secondary habitat; pupping activity primarily occurs in late spring and early summer, and newborn and juvenile sharks inhabit these primary nurseries throughout summer and into fall; these species migrate south, or offshore, when water temperatures begin to decline; and annual mi.· ratory cycles in which juveniles and adults move back and forth each year are seen in large and small coastal sharks (:Hueter & Tyminski, 2007). 2.5.4 Coastal Migratory Pelagics The Coastal Migratory Pelaqics Management Unit co prises three fish species: king mackerel, Atlantic Spanish mackerel, and cobia. The king mackerel, tH~ largest of the three species, occurs throughout the Gulf of Mexico and the Cari bean Sea and along the w stern Atlantic Ocean from the Gulf of Maine to Brazil. Adults are water celu , o associated and are found over reefs and in coastal waters, although they rarely enter estuaries. Spawning occurs over the outer continental shelf, and larvae are typically found over the middle and outer continental shelves (GMFMC and NMFS, 2016). Juveniles occupy inshore areas outward to the middle continental shelf (GMFMC, 1983). Atlantic Spanish mackerel occur throughout the coastal zone of the western Atlantic, frail;! southern New England to the Florida Keys, and in the GOM, ' where tt,ey are centered off the Florida coast. Adults reside in coastal waters over the inner continental shelf and· .fTil c1Y enter estuaries il[l pursuit of baitfish and larvae occur over the inner continental shelf. Juveniles prefer estuarine habitats and nearshore waters; late juveniles can also occupy offshore waters to a depth of 50 m. Cobia are fol:fnd in coastal and offshore waters from bays and inlets to the continental shelf. This species is primarily associated with the water column but also use hard bottom habitat in nearshore and offshore waters to a depth of 70 m. Spawning occurs offshore; however, larvae can occupy estuarine, nearshore, and offshore waters while the juvenile cobia occupy in nearshore and offshore waters. 2.5.5 Shrimp Five federally managed shrimp species are included in the Shrimp Fishery Management Plan. Of these, three are known to occur, or may potentially occur within the project area at some stage in their life history, including the pink shrimp, white shrimp, rock shrimp, royal red shrimp, and brown shrimp. Each of these five species has a similar range along the Atlantic coast. Pink shrimp occur from the Chesapeake Bay to the Florida Keys. White shrimp range from Fire Island, New York, to the St. Lucie Inlet Pre pa red for: V illa ge of Key Biscayne AEC O M 25 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 in Florida. Brown shrimp occur from Martha's Vineyard south to the Florida Keys. Within the ICW and BBAP, pink shrimp and brown shrimp have been identified as the most common species. All penaeid shrimp have a life cycle that requires both inshore (post larvae and subadults) and offshore (adults and larvae) marine and estuarine habitats. Offshore, adult pink shrimp are most abundant near hard sand and calcareous substrates in waters of 11 to 37 meters (36-121 feet) in depth. They are also common in shallower estuaries and marine waters surrounding the Florida Keys. White shrimp are generally found on soft, muddy bottoms within waters less than 27 meters (89 feet) in depth. Adult brown shrimp appear to prefer a similar substrate and are most abundant in waters less than 55 meters (180 feet) in depth. All species spawn offshore, and spawning times varies slightly over space and time. Post larval penaeid shrimp migrate to inshore habitats such as Biscayne Bay, whi~h is considered nursery areas for post larval shrimp because they offer abundant food, suitable substrate, and shelter from predators. All species are omnivorous bottom feeders and are mostly active at niglilt. As shrimp increase in size, they begin migrating toward high salinity oceanic waters either in ·the fall or the following spring (overw intering stock). According to the SAFMC, EFH for shrimp includes inshore nursery area~, offshore marine habitats used for spawning and growth to maturity, and all interconnectinq water bodies. The SAFMC has further designated the following areas as HAPC for penaeid shrimp: 1) all coastal inlets, 2) all state-designated nursery habitats of particular importance to shrimp, and 3) state-iden;tified overwintering areas. Within the proposed project action area, EFH for penaeid shrimps include Ur e fringing mangroves, and the water column. Based upon their typical life cycle, shrimp found within the project area are likely to be post larvae, juveniles, or overw intering stock. 2.6 Habitat Areas of Particular Concern As defined by the MSA, HAPC are subsets of EFH t~at include areas that hold a particularly important ecological function, and are sensitive to human-induced environmental degradation, particularly vulnerable to development activities, or particularly rare. The SAPMC designated HAPC broadly to include both general habitat types (i.e., seagrass beds) and specitie eographic areas (i.e., Biscayne Bay) of ecological importance. HAPCs typically include high value intertidal and estuarine habitats, offshore areas of high habitat value or vertical relief, and habitats used for migration, spawning, and rearing of fish and shellfish. Within the proposed project action area, three habitats are federally classified as HAPC by the SAFMC (1998a) for fishes within the Coral reef.and. Hardbottom, Snapper-Grouper Complex and the Spiny lobster. The project area is located within Biscayne Bay, which is a geographically defined HAPC. 2. 7 Assessment of Potential Impacts Construction-related aetivltiesh ave the potential to impact managed species and/or EFH. Potential effects to fish and fish habitat directly related to the construction activities include water quality impairment, alteration of bottom habitat, elevated underwater sound, and displacement. Various potential impacts considered negligible or non-existent are not analyzed in this EFH, such as permanent changes to bathymetry. 2. 7 .1 Construction Methods Construction is anticipated to primarily occur from upland areas. Equipment staged on landside would augment barge and support construction when needed. The need for an in-water barge will be assessed during the final dceiqn phase and is currently not anticipated to be warranted. Construction activities will be mitigated through use of Best Management Practices ("BMPs") throughout renovation construction Prepared for: Village of Key Biscayne AECOM 26 Appendix C Environm ental Assessm ents Dra ft Stormwater Facilities Plan AECOM Project No.: 60690139 activities. M eans and m ethods w ill be determ ined by the aw arded contractor prior to construction com m encem ent. 2.7.2 Water Quality, Sediment Resuspension and Turbidity C o nstructio n activities m ay tem pora rily low er surf ace water quality from sedim ent being resuspended during pile installation activities. Pile installation m ay briefly cause sedim ent resuspension and turbidity, increasing total suspended solids (T S S ) w ithin the project area, which could low er dissolved oxygen (DO ) levels. TS S are part icles that are larger than 2 m icrons. C onstruction-related activities m ay reduce water qua lity in the fo rm of elevated turbidity plum es that could potentially last from a few m inutes to several hours de pending on various factors, such as sedim ent type and water hydrology. Elevated turbidity can so m e tim e s adverse ly im pact m arine species by low ering D O and other related w ater quality issues; how ever, potentia l im pacts vary w idely depending on duration, concentration, sedim ent type, specific species, and life-stage (W ilber and C larke, 2001 ). For instance, TS S can aove_rsely im pact (e.g., elevated TS S can adverse ly im pact (e.g., bury ) benthic com m unities w hen concentrations excee d 390 m g/L (USEPA, 19 86 ). N O AA Fisheries (2020) reported pile driving activities 'i1,1 the Hudson ~i er caused TSS conce ntratio ns to tem porarily increase betw een 5.0 and 10.0 rn g/L above background levels within appro xim ately 300 feet (91.4 m ) of the pile being driven. Despite. this m odest increase, turbidity levels were expe cted to return to norm al w ithin a few hours. In N ew Bedfo rd, M assachusetts, Battelle (2015) fo und turbid ity readings in the active w ork zone ranged fro m near backqreund levels to appro xim ately 70 N e p he lom etric T urbidity U nits ("N T U s") during a hydraulic drectging operation. Turbidity readings w ere hig hest w ithin 10 0 feet of dredging operations and decreased w itti increased distance from the source. D redging ope ra tio ns increase turbidity m ore than ile driving operations, such as the Pro posed Action, since pile driving im pacts usually have a sm aller fo otpr.int. Turbid ity and D O are inversely related. Thus, the D10 may decrease tem porarily w hen bottom sedim ents are re suspended by the Proposed A ctio but should return to am bient levels short ly after construction because pile driving activities are lim ited. In general, changes in turbidity and DO are expected to be m inim al beca use this w ill occur during low tide; how ever, levels could be elevated during construction and pile driving activities. Bas ed on w ater hydro logy (tidal r nge) within the project area, the potential sedim ent plum e caused by constru -tio activities w oul.d likelys-ettle out of the water colum n w ithin a day or sooner aft er op eratio ns are com pleted. esu spended sedim ents are anticipated to disperse and dilute rapidly due to tidal m ixing. Elevated turbidity is- anticipated to return to am bient conditions w ithin 24 hours of the cessation of sedim e nt disturb ing activities. A lso, the use of BM P s and adherence to perm it conditions will reduce po tentia l im pacts. A n increas,e in, turbidity and associated low er D O have the potential to have direct effects on fish behavior, such as avoida nee. H ow ever, est uarine fish are subject to periodic short-term pulses of high suspended sed im e nt, given the estuarine tid al enviro nm ent. M ost fish can tolerate som e increases in turbidity, which so m etim es occurs· aft er. rain events. In fa ct, sensitive fish can tolerate turbidity aro und 580.0 m g/L, with a typica l value of 1,0 00 .. 0 m g/L fo r durations of one to tw o days (B urton, 1993; W ilber and C larke, 2001 ). The refo re, physical im pairm ent and injury to EF H species from increased turbidity associated with constructio n and dem olition activities are not anticipated. Turbidity would tem porarily decrease water clarity, w hich m ay alter fish fo raging behavior and success (B reitburg, 1988); how ever, turbidity is predicted to return to pre-construction levels w ithin 24 hours fo llow ing disturbance. A n increase in turbidity and low er D O levels are anticipated to be short-term and localized. F e rt ilizatio n success of individual pelagic spaw ners and surv ivorship of individual pelagic larv ae within the project area m ay be aff ected by turbidity; how ever, fish spaw ning occurs over broad are as and the co nstructio n fo otprint is sm all. Therefo re, population-level adverse im pacts to pelagic spaw ners are not anticip ated . Pe lagic species and life-stages are expected to continue using unaffected portions of the water colu m n during and aft er construction. Pelagic larv al and egg life-stages would carry thro ugh the active Prepared fo r: Village of Key Biscayne AECOM 27 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 project area on prevailing currents and tides, resulting in limited exposure to construction-disturbed areas, with no impact anticipated. Despite these potential consequences associated with project activities, most fish are mobile and will likely temporarily avoid the project area and relocate to a similar habitat within the general area, which should minimize potential impacts. The project activities will not alter the salinity, tidal height, or water temperature, or permanently impact DO. Also, project activities will not impact other water column properties such as temperature, salinity, nutrients (nitrogen, phosphorus), and chlorophyll a. Therefore, no permanent impacts to water column habitat due to increased turbidity are anticipated within or adjacent to the project area. 2.7.3 Benthic Habitat A preliminary benthic survey was conducted March 20, 2023. The benthic survey report is included as Section 7, Preliminary Marine Benthic Review. While direct impacts to the benthic habitat from in-water construction are not anticipated at this time, if dredge and/or fill are warranted to prevent outfall scour, impacts will be minor. Direct impacts to the benthic community resulting from the placement of riprap at the outfall face would likely occur during construction. However, once the project is complete, the unaffected benthic community adjacent to the project area would be distullbed. Indirect impacts on benthic habitat and organisms during constructiorr are likely to result from turbidity and resuspended sediments caused by the floating turbidity barrier installatlon and excavation. Suspension feeders (i.e., bivalves) and surface deposit feeders (i.e., polychaetes) would be the most susceptible to burial. Re-colonization of the substrate within the buried areas would occur via larval recruitment and movement of benthic organisms from the surrounding area (U.S. ~avy, 2019). Soft bottom benthic communities are very resilient to habitat disturbance from anthropogenic activities (Diaz et al., 2004; Brooks et al., 2006). Therefore, indirect impacts from tu iaity and resuspended sediments may temporarily, but not permanently, affect benthic habitat. 2.7.4 Corals No corals were observed during the survey area, Prior J0 construction commencement the zone of direct impact and secondary area will be re-evaluated for ttie presence of corals. The secondary area footprint will cover the maximum extent o address temporary impacts that may potentially result from localized elevated turbidity. 2.7.5 Underwater Noise Construction activities are anticiP,ated to occur from upland areas. If the need for an in-water barge is deterrninedto be required, the installation of riprap below the outfalls will not result in a sound exposure level (SEL) that would impact estuarine fish. The project does not propose the utilization of an impact hammer nor is it anticipated that construction-related noise will permeate aquatic (underwater) and terrestrial (in-air) environments. Underwater noise can cause a variety of impacts and injuries to marine fauna depending on sound level, duration, and other factors (Hastings and Popper, 2005). Also, sensitivity to underwater sound differs among fish, and impacts can vary depending on body size; smaller fish are more vulnerable (Caltrans, 2009). Underwater sound can cause a variety of direct impacts, such as barotrauma injury, and indirect impacts (hemorrhage, embolism, visceral damage, and stress); barotrauma injury is the physical damage to an organ from quick changes in the ambient pressure (Hastings and Popper, 2005). Swim bladders are the most common organ damaged because most fish have swim bladders that are filled with gas and thus a rapid change in pressure (pressure wave) from a blast can directly damage it (e.g., tear, rupture, and over inflate), forcing it to burst outward (Hastings and Popper, 2005). Prepared fo r: Village of Key Biscayne AECOM 28 A ppend ix C Enviro nm e nta l A sse ssm e nts Dra ft Storm w ater Facilities Plan A EC O M Pro ject No.: 60690139 High intensity impulsive sounds can cause tissue damage, and behavioral changes. Underwater sound threshold limits for fish are limited; therefore, federal agencies often agree on different decibel (dB) values. Construction activity for the proposed action does not indicate the SEL generated from the placement of rip rap or barge spudding will exceed the thresholds that would impact fish. Thus, it is anticipated the underwater sound generated from minor activities will not adversely impact marine fish (juvenile and adult life-stages) because it is anticipated they will temporarily move away from any potential underwater sound. As indicated previously, construction will follow the project design criteria presented in JAXBO. Construction activities will be limited to daylight hours and noise abatement measures will be used. Therefore, the construction will be conducted in adherence to JAXBO; and noise impacts will -be temporary. Adverse underwater noise impacts to managed species are not expected. 2. 7 .6 Displacement Underwater sound will likely cause behavioral changes to marine fish, -Which can v.ary from impaired startle response, freeze response, and increased swimming speed for avoidance. Construction-related activities may temporarily cause marine fish to move away or avoid the area and could have short term effects on the ecological dynamics within the existing habitat. However, th se potential changes would lil<ely be short­ term and would not create long-term or permanent effects following project completion. Mos of the aquatic organisms are highly mobile and will move away or avoid the. impacted' area during periods of elevated underwater sound. Potential indirect effects from in-water constructio disturbances are predominantly related to short-term predator-prey relationships, with altered fish beh vlor potentially occurrinq within the action area during the project activities. Benthic foraging species woul likely be displaced 'from the project area, but it is anticipated they would find suitable foraging habita in adJ cent areas. It is anticipated that fish displaced temporarily from the area due to construction activiti s will return to this habitat post construction (-30 days). Overall, the proposed actio may have .so e potential-impacts on marine resources; however, anticipated impacts are likely to minima and ,1:>ropgsed construction activities are likely to be temporary. Marine resources are anticipated to recover quickly based on the impact. Proposed mitigation measures are also expected to reduce poteqtial impacts. Potential effects of project activities on FMP species are presented in Table 2. ' Table 2, Potential Effec.ts of the Proposed Activities on FMP Species •, ,, Project J\ctivity Impact Assessment .... Placement of Riprap Water Column Underwater Noise Scour protection at Displacement from Water Column Outfall face Displacement from Benthic Foraging Habitat General Construction Displacement Prepared fo r: V illa g e of K ey Biscayne AEC O M 29 A ppend ix C Enviro nm ental A ssessm ents Draft Stormwater Facilities Plan AECOM Pro ject No.: 60690139 2.8 Proposed Mitigation Measures Development of construction activities was designed to minimize and avoid impacts to EFH and managed species, to the fullest extent possible. State and federal requirements for use of BMPs will be implemented. Those BMPs are as follows: • Corals will be rescued/relocated from direct impact area prior to commencement of construction activities. • The limits of construction will be identified with a turbidity barrier. The turbidity barrier will move with the construction barge. The protection measures will be clearly stated in the construction specifications, and workers will be instructed to avoid conducting activities and disturbing areas beyond construction limits. • Tools, equipment, barricades, signs, surplus materials, demolition debris, and rubbish will be removed from the project work limits upon project completion. • Equipment on the project will be maintained in a clean and well-functioning state to avoid or minimize contamination from automotive fluids. Equipment will be checked daily. • Material will be stored, used, and disposed of in an appropriate manner. • A hazardous spill plan will be prepared i:i_(ior to construction. • BMPs for drainage and sediment control will be implementes to prevent or reduce nonpoint source pollution and minimize soil loss and sedime tation in drainage-areas. BMPs will include all or some of the following actions, dependirig on site-specific requirements and the Clean Water Act (CWA) Section 401 and 404 and Natlonal Pollutant Discharge Elimination System (NPDES) permit requirements: o Regular site inspections w ill occur during- construction to confirm that BMP measures are properly installed and are functioning e"ffectively. n Use temporary. secondary containment equipment during construction, where practicable, so that accidental releases of hazardous material are prevented or limited in scope. o Use portable catch basins, containment berms, and other similar equipment for refueling equipment where feasible. o Keep spill kits on-site to provide easily accessible cleanup materials should a spill occur. o Handle hazardous materials/waste used or generated during proposed activities according to applicable laws and regulations. Personnel involved in project activities will receive training on sensitive biological resources that may be encountered in the action area. Personnel will be reminded that harassment, handling, or removal of wildlife and/or other sensitive resources from the action area is prohibited by law. Personnel will be instructed that in the event a special status species is identified within an immediate work area, work will cease until appropriate personnel are notified and further instructions are provided. Pre p ared for: V illage of K ey Biscayne AECOM 30 A p pe nd ix C Enviro n m e ntal A sse ssm e nts Draft Storm w ater Facilities Plan A EC O M Pro ject N o.: 60690139 2.9 The Effects of the Action: Summary and Conclusions The potential for adverse impacts to fish with EFH designated in the action area is likely to differ from species to species, depending upon life history, habitat use (demersal vs. pelagic), and distribution and abundance. However, it is anticipated that short-term impacts to older life-stages of fish (both pelagic and demersal) will be limited to temporary displacement. It is anticipated this displacement will not be significant because pelagic larvae and eggs will continue be carried through the project area with prevailing tides, currents, and wave action should spawning occur during project construction. Potential impacts could be more severe to marine resources with demersal eggs/larvae. Juvenile and adult stages would likely leave the construction areas and move to nearby unaffected habitat during construction given the minimal increase in turbidity, sedimentation, and underwater sound. Impacts to these life-stages would consist of a temporary displacement and a temporary loss of a very small portion of food/foragi g area. Although SAV were found in the action area, they are not anticipated to be within the direct impact areas and will be re­ evaluated during the 2023 seagrass season as well as prior to construction, Overall, the Village of Key Biscayne anticipates the Proposed Action may affect but is not likely to adversely affect EFH. The proposed action may cause minimal and ternporary-jrrip acts, but activifes associated with the project would not have lasting direct or indirect effects upon tMe status or sustainability of the fisheries or their habitat. {remainder of this page intentionally blank} Prepared fo r: V illa ge of K ey Biscayne AEC O M 31 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 3 Marine Species Biological Assessment 3.1 Introduction The purpose of this document is to present the findings of a Biological Assessment ("BA") for the Proposed Action. This BA includes a description of the Proposed Action; an analysis of direct, indirect, and cumulative effects for federally managed marine species; the potential effects of the Proposed Action; proposed mitigation measures to minimize expected project effects if applicable; and a summary of potential impacts. 3.2 Protected Species and Habitats 3.2.1 Introduction The project study area was evaluated for potential occurrences of fe?eralty listed and state listed marine animal species in accordance with Section 7 of the Endangered Species Act of 1973, as amended; the Fish and Wildlife Conservation Act; the Migratory Bird Treaty Act ("MBTA"); and Chapters 5 -40 and 68A-27, F.A.C. It is important to note that all federally listed species are also considered state listed species. Federally listed species fall under the jurisdiction of the USFWS. However, species only listed at the state level are not considered federally listed and fall under the jurisdiction of the FFWC. The project study area was also evaluated for the occurrence of federally-designated. Critical Habitat as defined by Congress in 50 C.F.R. 17. Based on this evaluation, it was determined that federatly .. Cifesignated Critical Habitat for the West Indian manatee (Trichechus manatus latirostris) ts present within the limits of the project. The species referenced above, along with addltiona] state and/or federal- listed wildlife species that may be affected by the project, are detailed in the followtr;ig sections. 3.2.2 Assessment Methodolog¥' In accordance with Section 7 of the ESA of 1973, as amended, and Chapter 68 of the F.A.C, the project study area was evaluated for the potential occurrence of federal and state listed protected plant and animal species. Literature reviews, agency <;tatabase searches and coordination, and a habitat field review (performed on March 20, 2023) were conducted to identify protected species that might occur within the study area. Literature revie_ws and dat.abases searches included the following: • ESRI aerial photoqraphs (2022) • USl="-WS Environmental Conservation Online System, Miami-Dade County (2023) • USP:W&Critical Habitat Portal (2023) • FFWC Florida's Endangered and Threatened Species (2023) • USFWS IPaC Resource List (2023) • FFWC Waterbird Colony Locator Database (2023) • Miami-Dade County GIS data (2023) Aerial photographs from the ESRI were interpreted to determine habitat types occurring within Hurricane Harbor and the potential presence of any listed marine species. The USFWS lists are specific to Miami­ Dade County, but they are not site specific to the project study area. This list includes categorizations of species as endangered (E), threatened (T), and candidate (C). The FWC list covers the entire state of Florida and includes categorizations of species as federally-designated endangered (FE), federally designated threatened (FT), state threatened (ST), and species of special concern (SSC). Prepared for: Village of Key Biscayne AECOM 32 A ppe nd ix C Enviro n m e ntal A sse ssm e n ts D raft Storm w ater Faci lities Plan A EC O M Pro ject No.: 60690139 3.3 Species Occurrence and Effect Determinations Table 3 lists the state and federally listed wildlife species that occur in Miami-Dade County based on the databases and documents previously referenced. Each species listed in the table below was assigned a potential for occurrence within the project study area based on data reviews, field observations, presence and quality of suitable habitat, and the species' known ranges. Each species was assigned a none, low, moderate, or high likelihood for occurrence within the project study area based on the following: • None - The project is outside of the species' known range or the project is within the species' range; however, no suitable habitat for or previous documentation of this species occurs within or adjacent to the project study area, and it was not observed during the field reviews. • Low - The project is within the species' range, and minimal or marginal quality habitat exists within or adjacent to the project study area; however, there are no documented occurrences of the species in the vicinity of the project, and it was not observed during the field reviews. • Moderate - The project is within the species' range and suitable habitat exists within or adjacent to the project study area; however, there are no documented occurrences of the species, and it was not observed during the field reviews. • High - The project is within the species' range, suitable abitat exist within or adjacent to the project buffer, there is at least one documented occurrence of the speci es within the project study area, and/or the species was observed during the field reviews. T bl 3 L" d/P d W "ldrt S D dR . If 0 a e J 1ste rotecte I re pe&.les, ... esiqnation, an otentla or ccurrence - .._ Common Name Scientific Name Feder~\ State.::1· Occurrence Effect Status S,tatµs,. ~otential Determination Mammals , I .. - - Trichechus ... May Affect, Not West Indian \ Manatee'" ma etus T FT High Likely to Adversely latirastris ' Affect Reptiles [ , L \ American Alligator ·--· Alligator mississio'iiien$i~ T -~ FT Low No effect . American Crocoaytus" T FT Low No effect Crocodile .,.... acutus-.. ,._ Green Sea Turtle Chelonia mvdas ·, T FT Low No effect Hawks~~I Sea Eretmochelys • E FE Low No effect Tt,Jrta. imbricat/3 Leatherback Sea Dermo h~/ys E FE Low No effect Turtle ·. coriacEta Loggerhead Sea ~ · --~ Caretta T FT Low No effect Turtle b Fishes ~ -~ Acipenser Gulf Sturgeon oxyrinchus T FT Low No effect (=oxyrhynchus) desotoi Smalltooth May Affect, Not Sawfsh Pristis pectinate E FE Low Likely to Adversely Affect Birds Audubon's Puffinus BCC Low No effect Shearwater lherminieri Black Seater Melanitta niare BCC Low No effect Prep ared fo r: V illag e of K ey B iscayne A EC O M 33 Appendix C Enviro nm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Common Name Scientific Name Federal I State Occurrence Effect Status Status Potential Determination Brown Pelican Pelecanus BCC Low No effect occidentalis Common [ider Somateria sec Low No effect mollissima Common Loon Gavia immer BCC Low No effect Great Puffinus gravis BCC Low No effect Shearwater Pomarine Jaeger Stercorarius BCC Low No effect oomerinus Razorbill Alea torda BCC Low No effect Red-breasted Mergus serrator BCC Low No effect Merganser Larus .. Ring-billed Gull delawarensis BCC Low No effect Roseate Tern Stema dougal/ii BCC ·h Low No effect Thalasseus . ... Royal Tern maximus BCC Low No effect ·, Onychoprion ./ Sooty Tern fuscatus BCC Low No effect White-winged Melanitta fusca BCC " Low No effect Scoter Wilson's Storm- Oceanites BCC Low No effect oetrel oceanicus Federal Status: E = Endangered, T = Threatened, C = Camlidat~. Nl! = \::Jot Listed State Status: FE= Federally-designated Endangered, FT= Federally-desigr.iated threatened, NL= Not Listed, ST= State threatened. BCC = Bird of Conservation Concern 1 The West Indian manatee, including the Florida manatee subspecies, is fed"eral)y protested by the M arine Mam m al Pro tection Act. 3.3.1 State and Federally Listed/Protected Wildlife Species 3.3.1.1 Federally Listed Species Mammals West Indian Manatee (Trichechus manatus latirostris): The West Indian manatee a fully aquatic herbivorous mammal. These gentle, aquatic mammals move slowly through the water a:; they feed on plants, and often are unable to move out of the way of fast-moving boats, whose propellers can wound or even kill them. They are typically found in coastal or estuarine waters, bays, rivers, and lakes, but may be found in inland canals during winter months as they search for warmer waters (USFWS 2016d). Manatees are grazers and require sheltered c_oves for feeding, resting, and calving. Manatees spend about 5 hours a day feeding primarily on submerged aquatic vegetation, such as seagrasses. Although manatees appear to tolerate marine and hypersaline conditions, they are most frequently found in fresh or brackish waters. Changes in water flow and salinity patterns, submerged vegetation, and the overall quality of the foraging habitat in Biscayne Bay and elsewhere are, along with water temperature, important influences on the distribution and abundance of manatees in the area (USFWS 2016d). Increases in salinity are generally considered to result in less favorable conditions for manatees, although manatees move freely through a wide range of salinities. Manatees are frequently reported drinking freshwater from natural sources as well as hoses, sewage outfalls, and culverts in marine and estuarine areas. The potential for manatees exists within Hurricane Harbor, which are tidally connected to the waters of Biscayne Bay and the Atlantic Ocean. Prepared fo r: Village of Key Biscayne AECOM 34 A ppend ix C Environ m e ntal A sse ssm e nts Draft Storm w ater Facilities Plan A EC O M Pro ject No.: 60690139 Reptiles American Alligator (Alligator mississippiensis): The American alligator is federally listed as threatened due to similarity of appearance to the American crocodile. The American alligator is a large, semi-aquatic, armored reptile that is related to crocodiles. Their body alone ranges from 6 - 14 feet long. Almost black in color, it has prominent eyes and nostrils with coarse scales over the entire body. It has a large, long head with visible upper teeth along the edge of the jaws. Its front feet have 5 toes, while rear feet have 4 toes that are webbed. American Crocodile (Crocodylus acutus): The American crocodile is federally listed as threatened due to human activities and coastal development. A large lizard-shaped reptile, the crocosile closely resembles the alligator. Hatchlings are about 23 centimeters in length; adults may grow to 4.5 meters or larger. Florida crocodiles may be distinguished from alligators by their more slender build a d their difference in snout shape. The crocodile's snout tapers forward from the eyes while the alligator's snout is untapered and rounded at the end. When the mouth is closed, the fourth tooth in the lower jaw is exposed in the crocodile but concealed in the alligator. American crocodiles inhabit brackish or saltwater, and can be found in ponds, coves, canals, and creeks in mangrove swamps in southern Florida. The project area within Hurricane Harbor contains very little suitable habitat for this species; no nests have been documented within one mile of the project study area and none were observed during the field reviews The project area is also highly urbanized and far from known crocodile habitat making it unlikely tha the project will affect crocodile nesting areas. However, the project area is within the American crocodile consultation area. Therefore, this species was assigned a 'low' probability of occurrence within the project stud area. Green Sea Turtle (Chelonia mydas): The green sea is federally listed threatened and is likely to become endangered within the foreseeable future throughout all or a significant portion of its range. The green seas turtle grows to a maximum size of about 4 feet and a weight of 440 pounds. It has a heart-shaped shell, small head, single-clawed flippers, and its color varies' The nesting season is approximately June to September (USFWS 2016g). The green sea turtle is dependent upon three basic habitat types: high-energy beaches for nesting; open se abitats as juveniles, and enthic feeding grounds (i.e., seagrass meadows) as adults. In the southeastern US, qreen sea turtle forage in shallow coastal and estuarine waters with an abundance of macroalgae or seagrass. Green sea turtles have strong nesting site fidelity and often make long distance migrations between feeding grounds and nesting beaches. Threats to this species include loss or degradation of nesting habitat from coastal development and beach armoring; disorientation of hatchlings by b achfront lighting; excessive nest predation by native and non-native predators; degradation of foraging habitat; marine pollution and debris; watercraft strikes; and incidental take from commercial fishing operations (USFWS 201 g). No suitable nesting habitat exists within the project limits. Sea turtle protection measures have been established by NOAA Fisheries for construction projects. Hawksbi/1 Sea Turt)e (Eretm chelys imbricata): The hawksbill sea turtle is federally listed as endangered and is in danger of extinctlon throughout all or a significant portion of its range. The green sea turtle is a small to medium-sized animal with an elongated oval shell, a relatively small head, a distinctive hawk-like beak, and flippers with two claws. General coloration is brown with numerous splashes of yellow, orange, or reddish-brown on the shell. Nesting typically occurs between April and November and may occur on almost any undisturbed deep-sand beach in the tropics (USFWS 2016h). In contrast to all other sea turtle species, hawksbills nest in low densities on scattered small beaches. Hawksbills inhabit coastal reefs, bays, rocky areas, estuaries, and lagoons and are generally found at depths of 70 feet or less. They typically forage on coral reefs, although hawksbills may also occupy other hard-bottom communities and occasionally mangrove-fringed bays (USFWS 2016h). Threats to this species include loss or degradation of nesting habitat from coastal development and beach armoring; disorientation of hatchlings by beachfront lighting; excessive nest predation by native and non-native predators; degradation of foraging habitat; marine pollution and debris; watercraft strikes; and incidental take from commercial fishing operations. No Prep ared for: V illag e of K e y Biscayne AEC O M 35 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 suitable nesting habitat exists within the project limits. Sea turtle protection measures have been established by NOAA Fisheries for construction projects. Leatherback Sea Turtle (Dermochelys coriacea): Leatherback sea turtles are federally listed as endangered and are in danger of extinction throughout all or a significant portion of its range. Leatherback sea turtles are the largest, deepest diving, most migratory, and widest ranging of all sea turtles. Adults reach four to eight feet long and 500 to 2,000 pounds in weight. Nesting occurs from February to July with sites located from Georgia to the US Virgin Islands. Of all the sea turtles, the leatherback spends the most time in the open ocean, entering coastal waters only when nesting and/or feeding. Adult females require sandy beaches for nesting backed with vegetation and sloped sufficiently so the crawl to dry sand is not too far. The preferred beaches have proximity to deep water and generally rough seas (NOAA Fisheries 2007a). Threats to this species include loss or degradation of nesting habitat from coastal development; disorientation of hatchlings by beachfront lighting; excessive nest predation by native and non-native predators; degradation of foraging habitat; marine pollution and debris; and watercraft strikes. No suitable nesting habitat exists within the project limits. Sea turtle protection measures have been established by NOAA Fisheries for construction projects. Loggerhead Sea Turtle (Caretta caretta): Loggerhead sea turtles are federally listed as threatened and are likely to become endangered within the foreseeable future throughout all or a significant portion of its range. Loggerhead sea turtles are characterized by a large head with blunt jaws. Their shell and flippers are a reddish-brown color. Loggerhead sea turtles typically occur over the continental shelf and in bays, lagoons, salt marshes, creeks, ship channels, and the mouths of large rivers (NMFS and USFWS 2008). Nesting primarily occurs from about May to August on barrier islands adjacent to continental landmasses in warm-temperate and sub-tropical waters (NMFS and USFWS 2008). Nest sites are typically located on high-energy, open sandy beaches above the mean high tide and seaward of well-developed dunes (NMFS and USFWS 2008). Threats to this species include loss or degradation of nesting habitat from coastal development and beach armoring; disorientation of hatchlings by beachfront lighting; excessive nest predation by native and non-native predators; degradation of foraging habitat; marine pollution and debris; watercraft strikes; disease; and incidental take from commercial trawling, long line, and gill net fisheries. These sea turtles nest on the beaches at Cape Sable, out no suitable nesting habitat exists within the project limits. Sea turtle protection measures have been established by NOAA Fisheries for construction projects. Gulf Sturgeon (Acipenser oxyrinchus (=oxyrhynchus) desoto,): Gulf sturgeon are federally listed as threatened and are likely to become endangered within the foreseeable future throughout all or a significant portion of its range. Gulf sturgeon are large fish that can exceed a length of eight feet (2.4 meters), a weight of over 300 pounds (137 kilograms) and possess strength to leap nine feet (2.7 meters) into the air. Smalltooth Sawfish (Pristis, pectinate): Smalltooth sawfish are federally listed as endangered. The smalltooth sawfish Is a cartilaginous fish that belongs to the Subclass Elasmobranchii, which also includes all sharks and rays. This dorsally tannish-brown fish can reach a total length of up to 18 feet (5.5 meters) including the saw (Bigelow and Schroeder 1953). The species' common and scientific names are derived from its long, flattened, toothed rostrum (nose or beak structure) that extends outward from its flattened head. The rostrum resembles a saw because it has 24-32 unpaired saw teeth on each side. Rostral teeth that are lost will not grow back; however, chipped teeth will continue to grow as long as the base is intact (Slaughter and Springer 1968). The mouth teeth are small and flat like other rays. The smalltooth sawfish is considered a type of ray, in part because the gill slits are located on the bottom of the body and the pectoral fins are attached to the head. Prepared for: Village of Key Biscayne AECOM 36 A ppe nd ix C Enviro n m ental A sse ssm e nts Draft Storm w ater Facilities Plan A EC O M Pro ject No.: 60690139 Birds Audubon's Shearw ater (Puffinus lherminierit: Audubon shearwater are listed as Bird of Conservation Concern (BCC). Audubon shearw ater are small black-and-white shearwater with relatively long tail and somewhat rounded wings. Usually flies low to the water with fluttering wingbeats, but in strong winds it can fly with high wheeling arcs. Undertail coverts are typically dark, but this can be very difficult to see in the field. Compare with Manx Shearw ater, which is larger with longer, more pointed wings, light undertail coverts, and a darker face. Found over warm tropical waters, especially around floating mats of Sargassum weed. Often seen singly or in pairs but can gather in loose flocks, sometimes loafing with other shearwater species. Black Scoter (Melanitta nigra): Black seater are not listed as a BCC. Black seater are plump diving duck, typically seen in flocks in coastal areas. Males are completely black with right orange knob on the bill. Females are brown overall with pale cheek and contrasting dark cap. Note potbellied shape and rounded head in flight. Typically coastal but migrates over land especially in the Northeast U.S .. Often gathers in tight flocks. Dives frequently, feeding on aquatic invertebrates. Breeds on ponds in Arctic tundra. Brown Pelican (Pelecanus occidentalis): Brown pelican are not listed as a BCC. Brown pelican are not listed as a BCC. Large and conspicuous, gray-brown bird of sa twater habitats. Strictly coastal; rarely seen on inland lakes. Very long bill with pouch for scooping up fish. Forages mainly by diving on fish from above. Frequently cues into fishing activity looking for handouts. Often flies in long lines close to water's surface. Brown pelican forage by diving from the air, from as nigh as 60' above water, plunging into water headfirst and coming to surface with fish in bill. Tilts bill do n to drain water out of peuch, then tosses head back to swallow. Will scavenge at times and will become tame, approaching isherrnen for handouts. Common Eider (Somateria mollissima)~ Common elder are not listed as a BCC. Common elder are big, lethargic, heavy-bodied duck of northern c astlines. Often seen floating offshore in flocks of up to several thousand birds. Sociable in breeding season also, and often nests in colonies. Eider down, famous for its insulating qualities, is used in large amo nts in the nest lining of these ducks, helping to keep the eggs warm in frigid northern climates. In some places, such as Iceland, the down is harvested commercially at coastal 'eider farms,' where the wil birds are encouraged to nest in sheltered nooks built for them. Common Loon (Gavia immer): Common loon are not listed as a BCC. Common loon are long-bodied, low-slung diver. Many people consider the loon a symbol of wilderness; its rich yodeling and moaning calls, heard by day or night, are characteristic sounds of early summer in the north woods. In winter, silent and more subtly marked, Common L ons inhabit coastal waters and large southern lakes. In such places they are solitary while feeding but msiy gather in loose flocks at night. Great Shearwater (Puffinus gravis): Great shearw ater are not listed as a BCC. Great shearwater with a crisp dark cap. Long, narrow wings are held quite straight when flying; wingbeats are stiff. Also look for messy brown patch on belly and dark markings on underw ings. Notably larger and proportionally longer winged than Manx Shearw ater, and wingbeats are not as snappy. Also compare with Cory's Shearwater, but note all-black bill, dark cap, and slightly quicker wingbeats and straighter wings on Great Shearwater. Primarily an Atlantic species, breeding mainly on remote Tristan Island group in the Southern Hemisphere. Spends the nonbreeding season (May to November) in cool water in the North Atlantic, where it can gather in large flocks, often mixed with other shearwater species. Occasionally seen from land but prefers to stay offshore. Prep ared fo r: V illage of K ey Biscay ne AEC O M 37 Appendix C Enviro nm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Pomarine Jaeger (Stercorarius pomarinus): Pomarine jaeger are not listed as a BCC. Pomarine jaeger are bulky gull-like seabird; the largest and most barrel chested of the three jaegers. Breeds on Arctic tundra and spends the rest of the year at sea. Breeding adults are unique with elonqated spoon-shaped central tail feathers. Also note blackish-brown upperparts, messy black cap that extends below the bill, and extensive white flash on upper and underside of outer wing. Rare dark morph adult is entirely blackish­ brown but still has white wing flashes. Immature birds are variable, but in general, they are barred with brown above and have bold black-and-white bars on the underwing and undertail coverts. Difficult to separate from other jaegers, especially Parasitic. At all ages, note powerful direct flight and broad wings. Typically shows white shafts on six to eight outer wing feathers (more than other jaegers) and more obvious white flash on underwing. Bill is also thicker than other jaegers. All jaegers chase other birds and steal their food. Razorbill (Alea torda): Razorbill are not listed as a BCC. Razorbill are black-and-white seabird with a thick and blunt bill. Breeds in colonies on rocky islands; winters on the ocean. Black above and white below with thin white line in front of eye. In winter, white throat wraps up behind eye, but pattern is less crisp than on Common Murre. Similar to other murres but note different bill shape and longer tail that is sometimes held up. Found singly or in flocks. Sometimes seen from shore in large numbers following the passage of a winter storm. Frequently dives underwater searching for fish. Red-breasted Merganser (Mergus serrator): Red-breasted merganser are not listed as a BCC. Red­ breasted merganser are long-bodied duck with a thin bill and shaggy crest. Breeding males have a dark green head, brown breast, and gray sides. Females and immature males have a brown head and gray body. Bill is dull red. Separated from Common Merganser by thinner bill, shaggier crest, and slimmer shape overall. Dives to catch fish on large bodies of water, including freshwater lakes and coastal regions. Favors saltwater more than Common Merganser. Ring-billed Gull (Larus delawarensis): Ring-billed gull are not listed as a BCC. Ring-billed gull are fairly small gull, common and widespread throughout most of North America. Breeding adults are white-headed with a bold black ring around the bill; nonbreedinq adults have smudgy brown markings on the head. Note pale eye and yellow legs. Immatures are mottled brownish overall; note pink bill with black tip. Found along lakes, rivers, ponds, and beaches. Mqre common inland than most other gull species, and quite fond of parking lots and urban areas. Often in flocks. Most similar to Short-billed Gull, but larger and larger-billed. Immatures of the two species are especially difficult to differentiate, but Ring-billed is usually more coarsely mottled. Roseate Tern (Sterna dougallil): Roseate tern are not listed as a BCC. Roseate tern are graceful pale tern with extremely long forked tail. Named for faint rosy wash on belly. Bill color varies geographically; Old World birds arrive on breeding grounds with a black bill that turns to red, while New World birds arrive with a red bill that turns darker. Similar to Common Tern, but notably whiter wings. With practice, look for shallow, choppier wingbeats to distinguish from other tern species. Widespread across the globe but local, breeding in scattered colonies, often on offshore islands. Can be found mixed in flocks with other terns on beaches, mudflats, or estuaries. Listen for harsh two-parted call "chivick." Royal Tern (Thalasseus maximus): Royal tern are not listed as a BCC. Royal tern are large tern, found strictly in coastal areas. Feeds in open ocean and saltwater bays, where ii flies high above the water looking for small fish. Rests on beaches, often in groups with other species. Separated from many terns by large size; only slightly smaller than Caspian. Look for the thinner orange bill (usually not deep red) and shaggier crest compared with Caspian. Also, forehead whiter than Caspian Tern in the non breeding season; this can show as early as midsummer. Prepared for: Village of Key Biscayne AECOM 38 A ppe ndix C En viro n m ental A ssessm e n ts Draft Storm w ater Facilities Plan AEC O M Project No.: 60690139 Sooty Tern (Onychoprion fuscatus): Sooty tern are not listed as a BCC. Sooty tern is a tropical seabird is distinctive am ong tern s with its jet-black back, black cap, and neat white forehead. Immature birds are entire ly dark blackish with white spots on wings and a white undertail. Most similar to Bridled Tern , but darker black back, dark undersides of flight feathers, and narrower white edges on tail. Sooty Tern is found in w arm tro pical waters worldwide. It breeds in colonies on sandy islands, but otherw ise usually stays far offshore, and is rarely seen near land except when blown off course by a hurricane. White-winged Scoter (Melanitta fusca): W hite-winged scoter are not listed as a BCC. White-winged scoter are a large scoter with distinctive white patch on wing. Dark chocolate-bro wn overall; males are darker than females and have small white mark under eye, dark knob on the bill, and pink bill tip. Females have two ro unded white patches on face. At a distance, separated from Surf scoter by more sloping head shape and white in the wing. W inters on coastal waters and large freshwater lakes. Occasionally found on large inland lakes during migration. Dives frequently, feeding on mollusks and crustaceans. Wilson's Storm-petrel (Oceanites oceanicus): W ilson's storm -petrel re not listed as a BCC. Wilson's storm-petrel are small and fluttery. Dark blackish-bro wn overa ll wifM even-width whit& rump patch and conspicuous pale wing panels. Long legs extend past the tail in flight; difficult to spot unless close. Frequently hovers and patters feet on surface of water whe feeding. M ost often seen in small, loose groups; sometim es feeds or rests on the water in a dense ,f ock. Eats plankton fro m the surface of the water. Vexed taxonomy m ight include several cryptic species. Bree in Antarctica and islands in the southern oceans. R anges across all oceans when not breeding, m ainly from M ay to October, typically staying offshore but sometim es seen from land. M ost common in North Atlantic. 3.3.2 Critical Habitats C ritical Habitat is a specific, federally-desiqnated, g . ographje area tlia'l-is essential for the conservation of a threatened or endangered species th t m ay require SI) cial m anagement and pro tection. Critical Habitat m ay include an area that is not cu r.eRtly occupied h>y ttie species, but that will be needed for its recovery. An area is designated as Critical Habita a er the U , FW S publishes a pro posed federal regulation in the Federal Register and then receives public comments on the pro posal. The final boundaries of the Critical Habitat areas are also published in the Fede raf Registe). Federally-designateEI Critical apita t for the W est Indian m anatee exists within Biscayne Bay and Hurricane Harbor. Although the construction ac ivities associated with retro fitting existing outfalls will result in minor im pacts to the overall Critical Habitat area within the project study area, these impacts will not inhibit m anatee m ovement or water/air quality. Tc erefo re, no destruction of adverse m odification will occur to these w aterw ays (1.e. Critical Habita ) as a result of this project. 3.4 Assessment of Potential Impacts C onstruction-related activities have the potential to impact marine species and/or their habitat. Potential effects directly related to the construction activities include water quality impairment, altera tion of bottom habitat, elevated underw ater sound, and displacement. 3.4.1 Mammals West Indian Manatee (Trichechus manatus latirostris): In-water work is anticipated to occur as a result of this pro ject. Num ero us manatees were observed in Hurricane Harbor during a March 20, 2023 field review and as a result this species was assigned a 'high' pro bability of occurrence within the project study area. In addition, federally-designated Critical Habitat exists within the pro ject limits for the W est Indian m anatee. The pro posed outfall retrofitting activities will result in m inor impacts to the overall Critical Habitat are a w ithin the project corridor, however, these impacts will not inhibit m anatee movement. Therefore, the project w ill not result in destruction of adverse m odification to Critical Habitat for the W est Indian Manatee. P rep ared fo r: V illa g e of K e y Biscayne AEC O M 39 Appendix C Enviro nm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Minor impacts to West Indian manatee potential foraging is anticipated to occur during in-water work. However, in-water work will not inhibit manatee movement between foraging areas. In addition, the installation of culverts will result in the alteration of canal substrate within the area of the culvert, which may result in minor impacts to overall potential foraging area. To increase the protection of this species during construction, the Village will adhere to the most current version of the Standard Manatee Conditions for In­ Water Work (Appendix A.6). Therefore, the Village has determined that the proposed project, regardless of the Build Alternative, "M;:iy AffP.r.t, Nat UkAly tn Adversely Affect" the West Indian Manatee. 3.4.2 Reptiles American Crocodile (Crocodylus acutus): Although there is a very low probability of occurrence for the American Crocodile, construction activities could affect the American crocodile's avior, causing them to avoid the areas of proposed construction. Such impacts would be minimal and laealized to the construction area, temporary (lasting only for the duration of construction) and are !'lot exµ,ected to jeopardize the continued existence of the American crocodile. No net loss of functions and values to wetlands and other surfa e wa(ers that may provide suitable habitat for this species will occur. Unavoidable impacts to the existing stormwater features are anti ipated to be compensated through construction of the new stormwater system. The pr.oject area is highly urbanized and far enough north from known crocodile habitat that it is urilikefy to affe t crocodile nesting areas. Therefore, the proposed project will have no effect on the American crocodile. The contractor will be advised of state and local la regarding the tiarassment of crocodiles prior to the commencement of and during construction activifes. B st Manag r:nent Practices (BMPs) would be implemented in accordance with the latest edition of ~pecifications in order to satisfy any permit requirements and minimize potential impacts fro c nstru tion ctivit1es. Green Sea Turtle (C helonia mydas): GrP.An sea ti- rtles might temporarily utilize habitat within the project area; however, no suitable nestiAg habit t e ists with, t · e project limits. Because the project location lacks suitable nesting habitat, th r 1s a relative! low potenti'al or this project to impact the green sea turtle. Also, sea turtle protection measures established by NG · isheries would be employed during all in-water construction activities to ensure that , o adverse impacts to this species would occur. As a result of these precaution measures, is not anticipated to adversely affect this species. Therefore, the Action Alternatives may affect, but ts ne liltely to adversely affect the green sea turtle. Hawksb II Sea Turtle (Eretmoct,elys iinbricata): No suitable nesting habitat for the hawksbill turtle exists within the project areas. Since tne project location lacks suitable nesting habitat, there is a relatively low potential for this project to impact the hawksbill sea turtle.Also, sea turtle protection measures established by NOAA Fisherie would be employed during all in-water construction activities to ensure that no adverse impacts to this species would occur. As a result of these precaution measures, is not anticipated to adversely affect this species. Therefore, the project may affect, but is not likely to adversely affect the hawksbill sea turtle. Leatherback Sea Turtle (Dermochelys coriacea): Leatherbacks may temporarily forage in the open water areas in the vicinity of the proposed projects; however, no suitable nesting habitat exists within the project areas. Since the project areas lack suitable nesting habitat, there is a relatively low potential for these alternatives to impact the leatherback sea turtle. Also, sea turtle protection measures established by NOAA Fisheries would be employed during all in-water construction activities to ensure that no adverse impacts to this species would occur. Federally designated critical habitat (nearshore reproductive) has been designated within for the loggerhead sea turtle. However, the critical habitat is not located within the project area and the project is anticipated to have no effect on federally designated critical habitat for the Prepared for: Village of Key Biscayne AECOM 40 A ppe nd ix C Environm e ntal A ssessm e nts D ra ft Storm w ater Faci lities Plan A EC O M Project No.: 60690139 loggerhead sea turtle. As a result of these precaution measures, the project may affect, but is not likely to adversely affect this species. Loggerhead Sea Turtle (Caretta caretta): Loggerhead turtle nest sites are typically located on high­ energy, open sandy beaches above the mean high tide and seaward of well-developed dunes; no suitable nesting habitat exists within the project areas. Since the project location lacks the preferred habitat, there is a relatively low potential for the proposed project to impact the loggerhead turtle. Also, sea turtle protection measures established by NOAA Fisheries would be employed during all in-water construction activities to ensure that no adverse impacts to this species would occur. As a result of these precaution measures, is not anticipated to adversely affect this species. Therefore, the projec may affect but is not likely to adversely affect the loggerhead sea turtle. Gulf Sturgeon (Acipenser oxyrinchus (=oxyrhynchus) aesototv: Gui stur eon protection measures have been established by NOAA Fisheries for construction projects. Jher fore, tlie have no effect on the Gulf sturgeon. Audubon's Shearw a e (Puffinus lherminien): This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. However, the proposed project will have no effect on the Audubon's shearwater. Black Scoter (Melanitta nigra): This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the black scooter. Brown Pelican (Pelecanus occidentalis): This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the brown pelican. P rep a red fo r: V illa ge of K ey Biscayne AEC O M 41 Appendix C Enviro nm ental Assessm ents Draft Stormwater Facilities Plan AECO M Pro ject No.: 60690139 Common Eider (Somateria mollissima): This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore. the proposed project will have no effect on the common eider. Common Loon (Gavia immer): This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the common loon. Great Shearw ater (Puffinus gravis): This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the great shearw ater. Pomarine Jaeger (Stercorarius pomarinus): This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potenti'al susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the pomarine jaeger. Razorbill (Alea torda): This is not a Bird of Conservation Cancer (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the razorbill. Red-breasted Merganser (Mergus serrator): This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the red­ breasted merganser. Ring-billed Gull (Larus de/awarensis): This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the ring-billed gull. Roseate Tern (Stema dougallii): This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the roseate tern. Royal Tern (Thalasseus maxirtws): This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the royal tern. Sooty Tern (Onychoprion fuscatus): This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the sooty tern. White-winged Seater (Melanitta fusca): This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the white-winged seater. Prepared fo r: Village of Key Biscayne AECOM 42 A p pen dix C Enviro n m e ntal A sse ssm e nts Draft Stor m w ater Faci lities Plan AEC O M Project No.: 60690139 Wilson's Storm-petrel (O ceanites oceanicus): This is not a Bird of Conservation Concern (BCC) in this area but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Therefore, the proposed project will have no effect on the Wilson's storm-petrel. 3.4.4 Construction Methods Construction is expected to commence in 2024, and in-water work will require four to six months. Construction would primarily occur from barge-mounted equipment. Equipment staged on landside would augment barge and support construction when needed. 3.5 Proposed Mitigation Measures Development of construction activities will be designed to minimize and avoid i acts to critical habitat and managed species, to the fullest extent possible. State and federal requirements for use of BMPs will be implemented. Those BMPs are as follows: • The limits of construction will be identified with a turbidity barrier. The turbidity barrier will move with the construction barge. The protection measures will be clearly stated in the construction specifications, and workers will be instructed to. avoid conducting 'activities and disturbing areas beyond construction limits. • BMPs for pile removal and placement will be followed to re• uce large sediment disturbance and avoid returning sediment to waterways. o For removal: piling will be remov d slowly to minimize -t\,lrbidity in the water column and sediment disturbance; "wake-up" pr cess will be used Nibrating the piling to break the skin friction bond between, iling and sediment to avoid pulling out a large block of sediment and possibly breakinq off the piling in the process); and work will be confined within a floating turbidity barrier. o For piling placement: hyd aullc jetting devices will not be used; nylon cushion blocks will be used to reduce underwater noise. • The construction contracto will use a soft start for pile driving to give fish and other mobile marine fauna an oppor\mity; to vacate the area before underwater sound levels reached their peak. • ,Oi r sweeps of each basin wm be conducted prior to installing turbidity curtains or construction activities to confirm the basins are cleared of mobile protected species and other fauna. • Tools, equipment, barricades, signs, surplus materials, demolition debris, and rubbish will be removed fro·, ,the project work limits upon project completion. • Equipment on the project will be maintained in a clean and well-functioning state to avoid or minimize contamination from automotive fluids. Equipment will be checked daily. • Material will be stored, used, and disposed of in an appropriate manner. • A hazardous spill plan will be prepared prior to construction. • BMPs for drainage and sediment control will be implemented to prevent or reduce nonpoint source pollution and minimize soil loss and sedimentation in drainage areas. BMPs will include all or some of the following actions, depending on site-specific requirements and the Clean Water Act (CWA) Section 401 and 404 and National Pollutant Discharge Elimination System (NPDES) permit requirements: Prepa red fo r: V illag e of K e y Biscayne AEC O M 43 Appendix C Environm ental Assessm ents Draft Stormwater Facilities Plan AECOM Project No.: 60690139 o Regular site inspections will occur during construction to confirm that BMP measures are properly installed and are funct ioning effectively. o Use temporary secondary containment equipment during construction, where practicable, so that accidental releases of hazardous material are prevented or limited in scope. o Use portable catch basins, containment berms, and other similar equipment for refueling equipment where feasible. o Keep spill kits on-site to pro vide easily accessible cleanup materials should a spill occur. o Handle hazardous m aterials/waste used or generated during proposed activities according to applicable laws and regulations. Personnel involved in project activities will receive training on sensitive bi le>gical resources that may be encountered in the action area. Personnel will be reminded that hara ssment, handling, or removal of wildlife and/or other sensitive resources from the action area is pro hibited by l~w. Personnel· will be instructed that in the event a special status species is identified within an immediate work area, work will cease until appropriate personnel are notified and further instructions are provided. 3.6 The Effects of the Action: Summary and Conclusions The potential for adverse impacts to m arine species designated iA the action area is likely to differ from species to species, depending upon life history, habitat, and ciistri!Sution and abundance. However, it is anticipated that short-term impacts will be limited to tempora ry displacement. {remainder of this page intentionally blank} Prepared for: Village of Key Biscayne AECOM 44 A pp end ix C Enviro n m e ntal A sse ssm e nts D raft Storm w ater Facilities Plan A EC O M Pro ject N o.: 60690139 4 M an atee P rotection Plan (M P P) 4.1 Introduction The West Indian manatee (Trichechus manatus latirostris) was listed as an endangered species by the USFW S on June 2, 1970. This species habitat range is rivers, estuaries, and coastal areas of subtropical and tropical areas. The W est Indian manatee is an herbivore that migrates to warmer waters during the colder months. In Florida, most migrate south during the winter and congregate mainly in estuaries and canals. They prefer brackish over marine environments. The present distribution of the West Indian manatee includes the coasts and rivers of Florid·a1 the Greater Antilles, eastern Mexico and Central America and northern and eastern South America. A critical habitat was established for the West Indian manatee in 1976. It includes Biscayne B8¥, and all adjoining and connected lakes, rivers, canals, and waterways from the southern tip0fKey Biscayne (USFWS, 1999). The Key Biscayne drainage improvement project has a small p@rtlon of workspace located within an area designated as critical habitat for the West Indian manatee, which is listed as a endangered species by both Federal and State regulatory agencies. Th Issue of incidental take pf . ndangered manatees as a result of watercraft-related activities occunri,rrg within pe ninsular Florida is of continuing concern. Therefore, the contractor shall take measures to protect manatees prior to and during construction activities. These measures are discussed belQ\/\t. 4.2 Manatee Protection Measures All construction pers~nnel as~ociated witt, the projifct ~ctiviti.es shall be instructed in the appearance, habits, biology, migratory patterns, preservatlon.. and presence of manatees and manatee speed zones in the project area a d t ~ need to avoid collisions with, and injury to, manatees. All construction personne shall be a vised th t there are civil and criminal penalties for harming, harassing, or killing manatees w loh are prate ted under the Marine Mammal Protection Act of 1972 , the Endangerecf.Species Act of 1973, and tpe Florida Manatee Sanctuary Act of 1978. The permittee and contractor will be held jointly resl>onsible for any manatee harmed, harassed, or killed as a result of the construction activities. The Florida Manatee Sanctua -Act states: It shall be unlawful for any person at any time, by any means, or in any man~r inten 1 nally or negligently to annoy, molest, harass, or disturb any menete«; capture or coffe tor attempt to capture or collect any manatee; pursue, hurt, wound, or kilf any_ manatee; or possess literally or constructively, any manatee or any part of any manatee. Any person violating the provisions of this paragraph shall be guilty of a misdemeanor of the first degree. Additional pena{ties of fines up to $20,000 and one year imprisonment, or both, are provided for under the Feqetal Endangered Species Act of 1973, as amended, and the Marine Mammal Protection Act of 19-72. 3. At least one trained personnel shall be designated as a marine mammal observer for all in-water work and shall be present on-site during all construction or staging activities to maintain a constant surveillance for manatees, assure the cessation of activities that may endanger manatees, and assure that uninhibited passage for the animal is provided. The designated marine mammal observer must have experience in marine mammal observation, be equipped with polarized sunglasses and binoculars during daylight hours, and an immediate means of contacting the mechanical operator(s). Movement of work barges and associated vessels, or any in-water work, shall be minimized to the greatest extent possible after sundown. 1. 2. 4. Prior to commencement of construction, a temporary 3' X 4' placard reading, "Caution: Manatee Zone" will be posted in a location prominently visible to water related construction crews. In addition, each vessel involved in the construction shall display in a prominent location, visible to the operator a temporary 8 ½" X 11" placard reading, "Caution: Manatee Zone/Slow Speed in Prepared fo r: V illa ge of K ey Biscayne A EC O M 45 Appendix C Enviro nm ental Assessm ents Dra ft Stormwater Facilities Plan AECO M Project No.: 60690139 Construction Area". Awareness signs that have already been approved for this use by the FWC will be used (see MyFWC.com). In the absence of a vessel the placard will be located prominently adjacent to the issued construction permit. A ny colli sion with and/or injury to a m anatee(s) shall be report ed im m ediately to the Florida Marine Patrol at 1-800-DIAL-FMP. The Florida Fish and W ildlife Conserv ation Com m ission (FW C) Hotline shall also be contacted at 1- 888-404-FW C C . The U.S. Fish and W ildlife Serv ice (USFW S) should also be contacted in Vero B each (1-561-562-3909) fo r south Florida. 5. Turbidity curtains, if required, shall be made of a material in which manatees cannot become entangled. Turbidity curtains must be properly secured and shall be inspected and monitored to avoid manatee entrapment prior to and after each day's construction activities. Curtains shall not block manatee entry or exit from essential habitat and shall not prevent manatees from traveling north and south in the basin during construction activities. If a manatee becomes entangled in a turbidity curtain the FW C will be notified immediately at 1- 888-404-FWCC. 6. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and in any areas while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. · 7. If manatee(s) are seen within 100 yards of the active construction operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Manatees will not be herded away or harassed into leaving. Construction activities will not resume until the manatee(s) has departed the project area of its own volition. 8. The Contractor shall maintain a log detailin9, sightings, collisions, or injuries to manatees should they occur during the contract period. Manatee sighting information shall include the number of manatees seen per sighting, time of day observed, indicate if work was stopped due to manatee proximity, and when in-water work resumed once manatees left the area. Copies of the logs shall be provided monthly to the FW C. Following project completion, a report summarizing incidents and sightings shall be submitted to the Florida Fish and Wildlife Conservation Commission, 620 South Meridian St[eet, OES-BPS, Tallahassee, Florida 32399-1600 or will be submitted to the FWC, Imperiled Species Management (ISM ) Se.ction at: lmperiledSpecies@myfw c.com. 9. Contractors will implement the precautions stipulated in these manatee construction requirements. If manatees are sighted, every effort will be made to protect the animal, and work will cease if necessary. 10 . The Standard Manatee Conditions for In-W ater Work (revision 2005) will be followed for all in­ water activity. 11. Any collision with or injury to a manatee will be reported immediately to the FFWC Hotline at 1-888- 404-FWCC. Collision and/or injury should also be reported to the FWS in Vero Beach (1-772 -562- 3909). Prepared fo r: Village of Key Biscayne AECO M 46 Storm w ater S yste m Im p ro vem e nts for the K -8 Scho ol Ba sin D raft Storm w ater Facilities Plan A EC O M Pro ject N o.: 60690139 Appendix D - Public Meeting Information Pre pa red fo r: V illa g e of K ey Biscayne AEC O M 23 Storm water System Im pro vements for the K-8 School Basin Draft Stormwater Facilities Plan AECOM Project No.: 60690139 Appendix E - Capital Financing Plan Prepared for: Village of Key Biscayne AECOM 24 C A P I T A L F I N A N C I N G P L A N Village of Key Biscayne (Project Sponsor) Steven C. Williamson, Village Manager (Authorized Representative and Title) Key Biscayne, FL, 33149 (City, State, and Zip Code) Colleen Blank, Capital Program and Grant Manager, 305-365-8948 (Capital Financing Plan Contact, Title and Telephone Number) 88 W McIntyre Rd (Mailing Address) Key Biscayne, FL 33149 (City, State, and Zip Code) The Department needs to know about the financial c'a,pabilities of potential State Revolving Fund (SRF) loan applicants. Therefore, a financial capability demonstration (and certification) is required well before the evaluation of the actual loan application. The sources of revenues being dedicated to repayment of.th, SRF loan are Stormwater Assessment Fee (Note: Projects pledging utility operating revenues should attach a copy of the existing/proposed rate ordinance) Estimate of Proposed SRF Loan Debt Service Capital Cost* Loan Service Fee (2% of capital cost) Subtotal Capitalized Interest** Total Cost to be Amortized Interest Rate*** Annual Debt Service Annual Debt Service Including Coverage Factor**** $28,801,500 $576,030 $29,377,530 $525,858 $30,309,566 1.79% $1,808,226 $2,079,460 * Capital Cost= Allowance+ Construction Cost (including a 10% contingency)+ Technical Services after Bid Opening. ** Estimated Capitalized Interest= Subtotal times Interest Rate times construction time in years divided by two. ***20 GO Bond Rate times Affordability Index divided by 200. * * * * Coverage Factor is generally 15%. However, it may be higher if other than utility operating revenues are pledged. 1 of 5 Revised: 03/24/16 S C H E D U L E O F P RI O R A N D P A RI T Y L I E N S List annual debt service beginning two years before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary. IDENTIFY EACH OBLIGATION #2Clean Water State Revolving #1 Stormwater Utlltty Refunding Planning Loan SW131600 #3 Coverage % 100 Coverage % 115 Coverage% Insured (Yes/No) No Insured (Yes/No) No Insured (Yes/No) #4 #5 #6 Coverage% Coverage% Coverage% Insured (Yes/No) Insured (Yes/No) Insured Yes/No) Total Non-SRF Total SRF Fiscal Annual Debt Service ( Princigal + Interest) Debi Service Debt Service Year w/coverage w/covcragc #1 #2 #3 #4 #5 #6 2021 $475,263 $475,263 2022 $475,160 / $475,160 2023 $475,055 $475,055 2024 ;_ $474,948 $50,341 $474,948 $57,892 .... 2025 $474,837 $100,682 $474,837 $115,784 2026 $474,725 $100,682 ~ $474,725 $115,784 2027 $474,609 $100,682 \ \" ·-- $474,609 $115,784 2028 $474,492 $100,682 ' -~ $474,492 $115,784 2029 $474,371 $100,682 ~ \ $474,371 $115,784 --~ 2030 $474,247 $100,682 $474,247 $115,784 2031 $474,121 $100,682 $474,121 $115,784 ,. 2032 $100,682 - ~ $115,784 2033 $100.682 L ( $115,784 2034 $50,341 ... ',,·,, $57,892 2035 ~ 2036 \ 2037 / . ,._ ~· ---------- 2 of5 Revised: 03/24/16 SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE FOR PLEDGED REVENUE (Provide information for the two fiscal years preceding the anticipated date of the SRF loan agreement) FYj 202tl F Yj 2022I (a) Operating Revenues (Identify) Stormwater Utility Fees $1,822,405 $1,971,519 (b) Interest Income $10,335 ( c) Other Incomes or Revenues (Identify) (d) Total Revenues $1,822,405 $1,981,854 (e) Operating Expenses ( excluding interest on debt, depreciation, and other non-cash items) $706,503 $768,605 (f) Net Revenues (f = d - e) 1,115,902 $1,213,249 (g) Debt Service (including coverage) Excluding SRF Loans $475,263 $475,610 (h) Debt Service (including coverage) for Outstanding RF Loans (i) Net Revenues After De}Jt Service (i = f - g - h} $640,642 $737,639 Source: Village of Key Biscayne FY2 l and FY22 ACFR Notes: 3 of5 Revised: 03/24/16 S C H E D U L E O F P R O J E C T E D RE V E N U E S A N D D E B T C O V E RA G E l<'UR PLEU(;JW KEVl!:NUE (Begin with the fiscal year preceding first anticipated semiannual loan payment) FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 (a) Operating Revenues (Identify) Stormwater Fee $2,536,907 $2,917,443 $3,355,059 $3,858,318 $4,437,066 (b) Interest lncome (c) Other Incomes or Revenues (Identify) (d) Total Revenues $2,536,907 $2,917,443 $3,355,059 $3,858,318 $4,437,066 (e) Operating Expenses 1 $[,424,820 $1,667,564 $1,721,591 $[,777,439 $1,835,172 (f) Net Revenues (f=d-e) $1,112,087 $1,249,879 $1,633,468 $2,080,879 $2,601,894 (g) Existing Debt Service on Non-SRF Projects (including coverage) $474,837 $474,725 $474,609. $474,492 $474,37 l (h) Existing SRF Loan Debt Service (including coverage) NIA 57,892 115,784 l lS,784 l [5,784 (i) Total F.xi"ting Oeht Service (i = g + h) $474,837 $532,617 $590,393 $590,276 $590,155 (j) Projected Debt Service on Non-SRF Future Projects (including coverage) NIA NIA NIA NIA NIA (k) Projected SRF Loan Debt Service (including coverage) $502,571 $502,571 $2,079,460 $2,079,460 (I) Total Debt Service (Existing and Projected) (l = i + j + k) $474,837 $1,035,188 $1,092,964 $3,365,260 $3,365,139 (m) Net Revenues After Debt Service (m = f- l) $637,250 $214,691 $540,504 ($1,091,428 ($570,292) Source: Notes: (i.e. rate increases, explanations, etc.) 1. For existing and proposed facilities, excluding interest on debt, depreciation, and other non-cash items. Forecasted revenues are based on a planned 15% annual growth from rate increases from 2024-2031. Operating expenses pre-construction increase 3% annually from estimated 2023. An additional new infrastructure operating expense of $200,000 begins in FY26 and increases by 5% annually. Line (g) reduces the available revenue for this SRF loan by the annual debt service obligations for the Village's 2016 Storm water Revenue Bond which falls off in 2031. The planned rate increases for the stormwatcr fund year over year arc as follows: 2024 (15%), 2025 (15%), 2026 (15%), 2027(15%), 2028 (15%), 2029 (15%), 2030 (15%), 2031(15%). 4 of5 Revised: 03124/16 While in some years the Stormwatere Fund's annual expenses exceed the revenues, the fund balance never drops below $1.1 M Assuming Design and Planning Loan repayment begins FY26 once both design and planning are complete and construction loan repayment begins in FY28 once construction is complete. 5 of5 Revised: 03/24/16 C E R T IFIC A T IO N I, ______ B_e_n..,_ja_m_in_N_u_ss_b_a_u_m , certify that I have review ed the inform ation Chief Financial Offi cer (please print) included in the preceding capital financing plan worksheets, and to the best of m y knowledge, this info rm ation accura tely reflects the financial capability of The Village of Key Biscayn e I fu rther certify that Project Sponsor ___ T_h_e_V_i_ll~ag~e_of_K_e~y_B_i_sc_a~y_n_e __ has the financial capability to ensure Project Sponsor adequate constru ction, opera tion, and m aintenance of the system, in cluding this SR F project. Signature Date 6 of5 Revised: 03/24/16 S to rm w ater S ystem Im p ro ve m e nts for the K-8 Scho ol Ba sin D raft Sto rm w a ter Facilitie s Pla n A E C O M Pro je ct N o .: 60 690 13 9 Appendix F -Adopted Resolution P rep ared fo r: V illa g e of K ey Biscay ne A E C O M 25