Environmental Responsibilities and Environmental Compliance. The Lessee will prepare an ECM and provide it to BOEM for review and comment at least two weeks prior to Xxxxxx’s construction contract advertisement. The purpose of the ECM is to document and demonstrate adherence to all environmental compliance measures required to avoid and/or minimize environmental impacts prior to, during, and after construction. The ECM will identify the specific requirements that apply during activities that occur on the OCS. Additionally, the ECM will identify roles and responsibilities to ensure adherence to all environmental compliance measures prior to, during, and after construction. The ECM will identify where in the Plan the relevant environmental compliance measures are addressed. USACE and BOEM are the lead or co-lead agencies on behalf of the Federal Government that ensures the Project complies with applicable environmental laws, including, but not limited to, ESA, MSFCMA, NHPA, MMPA, and CZMA, and any consultations or limitations imposed thereunder. BOEM is a joint consulting Federal agency for ESA Section 7 consultations concerning protected species under the purview of the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS). The Lessee will instruct its contractor(s) to implement all environmental compliance measures, as required by the USFWS, NMFS, FDEP, USACE, and BOEM pursuant to applicable Federal and State laws and regulations prior to commencement of activities authorized under this Lease, including extraction, transportation, and placement of sand resources from the OCS Borrow Area. Construction will not commence until the preconstruction requirements have been completed as outlined in the ECM, relevant consultation documents, and these Lease provisions. Electronic copies of all relevant correspondence, monitoring data, and reports related to the activities covered by this Lease will be provided to BOEM within fourteen (14) days of issuance at xxxxxxxxxx@xxxx.xxx (including, but not limited to, observer and dredging reports, and reports required by relevant Project permits) unless the reports are required sooner by this Lease or applicable law, the permits, or the consultations.
Environmental Responsibilities and Environmental Compliance. The USACE is the lead agency on behalf of the Federal Government to ensure the Project complies with applicable environmental laws, including but not limited to the ESA, MSA, MBTA, NHPA, and CZMA, and any consultations or limitations imposed thereunder. Brevard County is responsible for compliance, with the specific conditions of the JCPs, as authorized by the CZMA. The USACE will serve as the lead Federal agency for ESA Section 7 consultation concerning protected species under the purview of the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS). The USACE will instruct its contractor(s) to implement the mitigation terms, conditions, and measures required by the USFWS, NMFS, Florida DEP, and BOEM pursuant to applicable Federal and State laws and regulations prior to commencement of activities authorized under this MOA, including extraction, transportation and placement of sand resources from XX XX. The required mitigation terms, conditions, and measures are reflected in the relevant Biological Opinions, Conservation Recommendations, Consistency Determinations, and JCPs. Electronic copies of all relevant correspondence, monitoring data, and reports related to the activities covered by this MOA, will be provided electronically to BOEM within 14 days of issuance (including observer, FDEP, and dredging reports). The County is responsible for compliance with the Specific Conditions of the JCP. Construction may not commence until the pre-construction requirements have been completed.
Environmental Responsibilities and Environmental Compliance. The USACE is the lead Federal agency on behalf of the Federal Government to ensure that activities comply with applicable environmental laws, including, but not limited to, the Endangered Species Act, Xxxxxxxx-Xxxxxxx Fishery Management and Conservation Act, Migratory Bird Treaty Act, National Historic Preservation Act, and Coastal Zone Management Act. The USACE has assumed the role of lead Federal agency for Endangered Species Act Section 7 compliance concerning threatened and endangered species under the purview of Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS). Likewise, USACE has assumed the role of lead Federal agency for complying with Section 305 of the Xxxxxxxx-Xxxxxxx Fishery Management and Conservation Act, Section 106 of the National Historic Preservation Act, and Section 307 of the Coastal Zone Management Act. The USACE will instruct the contractor(s) to implement the mitigation terms, conditions, and measures required by FWS and NMFS, pursuant to applicable Federal and State laws and regulations. The required mitigation terms, conditions, and measures are reflected in the Biological Opinions, Conservation Recommendations, and State Coastal Permits/Coastal Zone Management requirements. Electronic copies of all relevant correspondence, monitoring data, and reports related to the activities covered by this MOA, will be provided electronically to BOEM within 14 days of issuance (including observer,, and dredging reports). Specific mitigation, monitoring, and reporting required by BOEM are incorporated into this MOA, as described in the USACE’s SEIS. Mitigating measures were identified to reduce potential effects to habitat and sand resources in reference to construction areas, borrow areas, water quality, and cultural resources. In addition to BOEM’s requirements, all of the FWS, NMFS, and State requirements are incorporated into the MsCIP Monitoring and Adaptive Management Plan.
