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v "67 E � B T I Indian River County Sector 3 Phase 2 Variance Application Services Scope of Work WORD ORDER 10 Sector 3 Beach and Dune Restoration Project Phase 2 — Pre- Construction Phase Services Introduction : This Scope of Work is intended to provide services in support of construction prior to construction of Phase 2 of the Sector 3 Beach and Dune Restoration Project. Phase 2 construction is expected to : ■ employ the same upland sand sources and Contractor as employed in Phase 1 construction, and ■ occur between December 1 , 2010 and April 30, 2011 . In general, the work will provide for preparation and processing of a Variance application required for Phase 2 construction. Specific Condition 45 of the existing FDEP permit requires that turbidity levels during construction in the Phase 2 fill area cause "No degradation of water quality, other than that allowed in subsections 62 -4 . 242 (2) and (3 ) F. A. C . " as prescribed by FDEP rules [section 62 - 302 . 700 ( 1 ) F. A . C . ] hereafter referred to as "No degradation ' provision , which is applicable to Outstanding Florida Waters (OFW) . The Archie Carr National Wildlife Preserve extends from FDEP reference monument R - 32 to north of Sebastian Inlet into Brevard County, and includes about 5 . 8 miles of OFW among the County ' s 22 . 4 miles of Atlantic beach. Comparably, the existing FDEP Mixing Zone Variance reflects these same provisions . Monitoring during Phase 1 construction demonstrated temporary "degradation of water quality" ; the existing Variance must be modified per FDEP rules . In addition, Specific Condition 33 of the FDEP permit and Special Condition 5 of the USACE permit require obtainment of a Notice to Proceed for Phase 2 construction in accordance with the "Nesting Test Plan." . The work under this Scope of Work entails application for the necessary permit and variance modifications , and the application for a Notice-to-Proceed - required for Phase 2 construction. The following describes the work under this Scope of Work : Task 1 — Permit & Variance Application : In general, COASTAL TECH will compile information to request and seek to obtain modifications of the existing FDEP permit and Variance for Phase 2 construction. Specifically, COASTAL TECH will analyze the turbidity data collected by the Contractor during Phase 1 construction and other comparable previously constructed projects (Sectors 1 , 2, & 7 ) to : ■ prepare a "Turbidity & Mixing Zone Analysis" to substantiate the need for a Variance modification to the "No degradation" provision, and ■ demonstrate that the proposed Phase 2 construction is "clearly in the public interest" — per FDEP rules [ subsections 62 - 4 . 242(2) (a)2 . F. A. C.] . COASTAL TECH will prepare and submit a request for the permit and variance modifications and provide a copy of the request to the USACE in request for a modified USACE permit. All submittals to the agencies will be prepared by COASTAL TECH and reviewed by COUNTY staff prior to submittal by COASTAL TECH . COASTAL TECH will make informal contact with FDEP and USACE staff to address staff questions regarding the permit modification request and FDEP variance modification request. It is assumed that existing information (including design details/analysis) will be sufficient to meet permit and Variance modification requirements . COASTAL TECH will represent the project before FDEP and USACE staff toward obtainment of a modified JCP, USACE permit, and Variance. It is expected that the FDEP/USACE may make one ( 1 ) request for additional information (RAI) to favorably conclude the modification request. It is assumed that existing information (including design details/analysis) will be sufficient to meet permit and Variance modification requirements . Upon issuance of the FDEP modification, a copy of the modified FDEP JCP will be provided to the USACE as required by the USACE for USACE issuance of the modified USACE permit. Page 1 of 1. August 11 , 2010