Common use of Plans and Performance Requirements Clause in Contracts

Plans and Performance Requirements. The Lessee will include this Lease as a reference document in the advertised “Construction Solicitation, Technical Specifications, and Drawings” (hereinafter referred to as the “Plan”). The Lessee will provide BOEM with a copy of the Plan at least two weeks prior to construction contract advertisement to allow sufficient time for BOEM to review and verify that all leasing terms and conditions and relevant environmental compliance requirements outlined in the Environmental Compliance Matrix (ECM) (to be provided pursuant to Stipulation 2) are incorporated into the Plan, as applicable. The Lessee will be responsible for implementation of all environmental compliance requirements, including those not addressed in the Plan. The Lessee will allow BOEM to review and comment on any modifications to the Plan that may affect the OCS Borrow Area or pipeline corridors on the OCS, including the use of submerged or floated pipelines to directly convey sediment from the Borrow Area to the placement site. XXXX will deliver these comments in a timely fashion so as to not unnecessarily delay the Lessee’s construction contract or schedule. The Lessee will ensure that all operations at the OCS Borrow Area are conducted in accordance with the Plan and all terms and conditions in this Lease, as well as all applicable statutes, regulations, orders, guidelines, and directives specified or referenced herein intended to protect persons, property and the environment, and any relevant Project design criteria, terms and conditions, and reasonable and prudent measures of the latest biological opinions applicable to the activities authorized in this Lease. The dredging and conveyance methods for removing sand from the OCS Borrow Area and transport off the OCS will be consistent with those methods identified in the Project proposal analyzed in supporting NEPA documents, authorizing documents, as well as Project permits. If dredging, bottom disturbing activities, and/or conveyance methods are not wholly consistent with those evaluated in relevant NEPA and associated consultation documents prepared by the Lessee, BOEM, and/or the USACE, those adopted by BOEM for this Project, and those authorized by USACE and FDEP permits, additional environmental review may be necessary. If the additional NEPA, consultations, or permit modifications would impact or otherwise require modification of the provisions of the Lease, an amendment may be required. Prior to the commencement of construction, the Lessee will electronically provide BOEM with a summary of the construction schedule. The Lessee, at the reasonable request of BOEM, will allow access to the site of any operation subject to safety regulations to any authorized Federal inspector and will provide BOEM any documents and records that are pertinent to occupational or public health, safety, environmental protection, conservation of natural resources, or other uses of the OCS as may be requested. The Lessee agrees to facilitate access to the site of any operation to BOEM and to scientists conducting sampling or observations associated with research conducted or funded by BOEM, where practicable and deemed safe by the Lessee and contractor(s), including, but not limited to, dredges, support equipment, fill areas, and turtle relocation trawlers.

Plans and Performance Requirements. The Lessee USACE will include this Lease MOA as a reference document in the advertised “Construction Solicitation, Technical Specifications, Solicitation and DrawingsSpecifications Plan” (hereinafter referred to as the “Plan”)) or as an advertised amendment. The Lessee USACE will provide ensure that all operations at the Borrow Areas, pumpout areas, and along the temporary conveyance corridors are conducted in accordance with the final approved Plan and all terms and conditions in this MOA, as well as all applicable statutes, regulations, orders, guidelines, and directives are upheld. The USACE will send BOEM with a copy of the Plan at least two weeks plans and any modifications prior to construction contract advertisement to allow sufficient time construction. The dredging method for BOEM to review removing and verify that all leasing terms and conditions and relevant environmental compliance requirements outlined transporting sand from the OCS will be consistent with those methods evaluated in the Environmental Compliance Matrix (ECM) (to be provided pursuant to Stipulation 2) are incorporated into NEPA documents prepared in conjunction with the Plan, as applicableProject and approved in any authorizing documents or project permits. The Lessee will be responsible for implementation of all environmental compliance requirements, including those not addressed in the Plan. The Lessee USACE will allow BOEM to review and comment on any modifications to the Plan that may affect the OCS Borrow Area Areas, pumpout areas, or pipeline corridors on the OCS, including the use of submerged or floated pipelines to directly convey sediment from the Borrow Area Areas or offshore pumpout areas to the placement site. XXXX Said comments will deliver these comments be delivered in a timely fashion so as to not unnecessarily delay the LesseeUSACE’s construction contract or schedule. The Lessee will ensure that all operations at the OCS Borrow Area are conducted in accordance with the Plan and all terms and conditions in this Lease, as well as all applicable statutes, regulations, orders, guidelines, and directives specified or referenced herein intended to protect persons, property and the environment, and any relevant Project design criteria, terms and conditions, and reasonable and prudent measures of the latest biological opinions applicable to the activities authorized in this Lease. The If dredging and conveyance methods for removing sand from the OCS Borrow Area and transport off the OCS will be consistent with those methods identified in the Project proposal analyzed in supporting NEPA documents, authorizing documents, as well as Project permits. If dredging, bottom disturbing activities, and/or conveyance methods are not wholly consistent with those evaluated in relevant NEPA and associated consultation documents prepared by the Lesseedocuments, BOEM, and/or the USACE, those adopted by BOEM for this Projectenvironmental, and those authorized by USACE and FDEP permits, cultural resource consultations additional environmental review may be necessary. If the additional NEPANEPA analysis, consultations, or permit modifications would impact or otherwise require modification of to the provisions of the Leasethis MOA, an amendment may be required. Any areas where bottom disturbing (e.g., spudding, anchoring, submerged pipeline installation, etc.) might occur that have not already been cleared by cultural resource surveys and coordination with the State Historic Preservation Officer and BOEM will require clearance from those parties before work can be conducted. This may include requiring additional surveys where bottom disturbing is anticipated. Clearance surveys and associated reports for areas where bottom disturbing will occur but has yet to be cleared must be submitted to BOEM’s POC for review and concurrence before any bottom disturbing can occur. BOEM will require 10 working days for review. Prior to the commencement of construction, the Lessee will USACE must electronically provide BOEM with a summary of the construction schedule. The LesseeUSACE, at the reasonable request of BOEM, will must allow access to access, at the site of any operation subject to safety regulations regulations, to any authorized Federal inspector and will provide BOEM any documents and records that are pertinent to occupational or public health, safety, environmental protection, conservation of natural resources, or other uses use of the OCS OCS, as may be requestedBOEM requests. The Lessee USACE agrees to facilitate access to the site of any operation to BOEM operation, including, but not limited to, dredges and to support equipment, fill areas, turtle relocation trawlers, etc., for scientists conducting sampling or observations associated with research conducted or funded by BOEM, where practicable and deemed safe by the Lessee and contractor(s), including, but not limited to, dredges, support equipment, fill areas, and turtle relocation trawlers.

Plans and Performance Requirements. The Lessee USACE will include this Lease MOA as a reference document in the advertised “Construction Solicitation, Technical Specifications, Solicitation and DrawingsSpecifications Plan” (hereinafter referred to as the “Plan”). The Lessee USACE will provide ensure that all operations at XX XX are conducted in accordance with the final approved Plan and all terms and conditions in this MOA, as well as all applicable statutes, regulations, orders and any guidelines or directives specified or referenced herein. The USACE will send BOEM with a copy of the Plan at least two weeks prior to construction contract advertisement to allow sufficient time plans and its modification when publically available. The dredging method for BOEM to review and verify that all leasing terms and conditions and relevant environmental compliance requirements outlined removing sand from XX XX will be consistent with those evaluated in the Environmental Compliance Matrix (ECM) (to be provided pursuant to Stipulation 2) are incorporated into NEPA documents and approved in the Planauthorizing documents, as applicablewell as project permits. The Lessee will be responsible for implementation of all environmental compliance requirements, including those not addressed in the Plan. The Lessee USACE will allow BOEM to review and comment on any modifications to the Plan that may affect the OCS Borrow Area borrow area or pipeline corridors on the OCS, including the use of submerged or floated pipelines to directly convey sediment from the Borrow Area borrow area to the placement site. XXXX Said comments will deliver these comments be delivered in a timely fashion so as to not unnecessarily delay the LesseeUSACE’s construction contract or schedule. The Lessee will ensure that all operations at the OCS Borrow Area are conducted in accordance with the Plan and all terms and conditions in this Lease, as well as all applicable statutes, regulations, orders, guidelines, and directives specified or referenced herein intended to protect persons, property and the environment, and any relevant Project design criteria, terms and conditions, and reasonable and prudent measures of the latest biological opinions applicable to the activities authorized in this Lease. The If dredging and conveyance methods for removing sand from the OCS Borrow Area and transport off the OCS will be consistent with those methods identified in the Project proposal analyzed in supporting NEPA documents, authorizing documents, as well as Project permits. If dredging, bottom disturbing activities, and/or conveyance methods are not wholly consistent with those evaluated in relevant NEPA and associated consultation documents prepared by the Lessee, BOEM, and/or the USACE, those adopted by BOEM for this Project, and environmental and cultural resource consultations, and those authorized by USACE and FDEP permitsthe JCPs, additional environmental review may be necessary. If the additional NEPA, consultations, or permit modifications would impact or otherwise require modification of supplement the provisions of the LeaseMOA, an amendment may be required. Prior to the commencement of construction, the Lessee will USACE must electronically provide BOEM with a summary of the construction scheduleschedule consistent with Paragraph 15. The LesseeUSACE, at the reasonable request of BOEMBOEM or the Bureau of Safety and Environmental Enforcement (BSEE), will must allow access to access, at the site of any operation subject to safety regulations regulations, to any authorized Federal inspector and will must provide BOEM or BSEE any documents and records that are pertinent to occupational or public health, safety, environmental protection, conservation of natural resources, or other uses use of the OCS as may be requested. The Lessee agrees to facilitate access to the site of any operation to BOEM and to scientists conducting sampling or observations associated with research conducted or funded by BOEM, where practicable and deemed safe by the Lessee and contractor(s), including, but not limited to, dredges, support equipment, fill areas, and turtle relocation trawlers.