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Limited Appearance Statement of Andrew Desalvo Regarding Turkey Point, Units 3 and 4, License Amendment Request
	ML16019A326
Person / Time
Site:	Turkey Point
Issue date:	01/09/2016
From:	; - No Known Affiliation
To:	; Atomic Safety and Licensing Board Panel, NRC/SECY
	SECY/RAS
References
	50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, VVV-27
	Download: ML16019A326 (189)
	v • d • e

From: DeSalvo, Andrew To: Docket, Hearing Cc: andrew.desalvo@yahoo.com

Subject:

[External_Sender] ALSB Evidentiary Hearing on Turkey Point Nuclear Canal Temperature Issue; TRANSMITTAL public written limited appearance statements, regarding the license amendments and the contention under consideration Date: Saturday, January 09, 2016 1:04:54 PM Attachments: APPEAL 0004250189-01 NMDWS due 17NOV2015v8.1 protected.pdf FIRST AMENDMENT APPEAL 0004250189-01.pdf Santa Fe, NM January 9, 2016 Office of the Secretary, Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Administrative Judge Michael M. Gibson, Chairman, c/o Nicole Pepperl & Jennifer Scro, Board Law Clerks Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 fax to (301) 415-1101 and (301) 415-5599 email to hearingdocket@nrc.gov nicole.pepperl@nrc.gov and jennifer.scro@nrc.gov opa.resource@nrc.gov from the desk of Andrew DeSalvo MEMORANDUM FOR: Office of the Secretary, Rulemakings and Adjudications Staff; Administrative Judge Michael M. Gibson, Chairman, c/o Nicole Pepperl & Jennifer Scro, Board Law Clerks

SUBJECT:

ALSB Evidentiary Hearing on Turkey Point Nuclear Canal Temperature Issue; TRANSMITTAL public written limited appearance statements, regarding the license amendments and the contention under consideration.

These statements, which may be considered by the judges, must be submitted no later than Jan. 15 to both the NRC Secretary and the chairman of the ASLB To whom it may concern; I wish to propound public written limited appearance statements, regarding the license amendments and the contention under consideration, to be considered by the judges, and submitted no later than Jan. 15 to both the NRC Secretary and the chairman of the ASLB, as follows:

REFERENCE Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 REASON FOR APPEAL; REQUEST FOR INFORMATION, pursuant to New Mexico 1 Inspection of Public Records Act; and MOTION TO ADMIT EVIDENCE Claimant [APPELLANT]: Claimant Name: Andrew DeSalvo Claimant ID: 8650254 Issue Identification Number:

0004 2501 89-01 Employer: Gator Dredging 13630 50th Way N Clearwater FL 33760 EAN: 00691201-1 15 Date: 11/18/2015 17 Time: 1:15PM Authority: DWS Appeals Tribunal Administrative Law Judge: Christman, Andrea 20

BACKGROUND CLAIMANT performed a particular task assigned by EMPLOYER, analyzing information thoroughly before it is handed over to other professionals, pertaining to the project site for the cooling canals for Turkey Point nuclear reactors. WATERWAY & LOCATION: The project site for the cooling canals for Turkey Point nuclear reactors is located within the existing Turkey Point facility east of Homestead, Florida; and, proposes dredge and fill activities TRANSMITTAL 2 Attachments 5 MB PDF APPEAL 0004250189-01 NMDWS due 17NOV2015v8.1 protected.pdf 5 MB PDF FIRST AMENDMENT APPEAL 0004250189-01.pdf 191KB I believe the written limited appearance statements, pertains to ALSB Evidentiary Hearing on Turkey Point Nuclear Canal Temperature Issue, regarding the license amendments and the contention under consideration.

Please do not hesitate to call on me if you require additional information - I am at your service.

Yours sincerely, ANDREW DeSALVO (203)805-1581 andrew.desalvo@yahoo.com 2 Attachments 5 MB PDF APPEAL 0004250189-01 NMDWS due 17NOV2015v8.1 protected.pdf 5 MB PDF FIRST AMENDMENT APPEAL 0004250189-01.pdf 191KB copyright 2016 Andrew DeSalvo Ownership and Intellectual Property:

The OWNER and cited sources retain all right, title, and interest in and to all of the copyrights, database rights, patent rights, trademarks, trade secrets, and all other propriety right in the CONTENT. No rights are granted to the CONTENT. Any right, title or interest arising in any compilation or derivative work created using any CONTENT shall not entitle the RECIPIENT to use any CONTENT. The RECIPIENT does not acquire any copyright ownership or equivalent rights in, or to, any CONTENT or any other property of the OWNER or sources of CONTENT.

Confidentiality Statement:

This electronic message, and any attachment, contains privileged and confidential information from Andrew J.

DeSalvo, intended for the use of the individual or entity named above. If you are not the intended RECIPIENT, immediately and permanently delete the message and any attachment from your system. Disclosure, copying, distribution, or use of the contents of this message is strictly prohibited. If you have received this email in error, please notify promptly by telephone at (203)805-1581 or by email reply.

--- On Fri, 1/8/16, DeSalvo, Andrew <andrew.desalvo@yahoo.com> wrote:

> From: DeSalvo, Andrew <andrew.desalvo@yahoo.com>

Subject:

ALSB Evidentiary Hearing on Turkey Point Nuclear Canal Temperature Issue; TRANSMITTAL public written limited appearance statements, regarding the license amendments and the contention under consideration

> To: nicole.pepperl@nrc.gov, jennifer.scro@nrc.gov

> Cc: opa.resource@nrc.gov

> Date: Friday, January 8, 2016, 2:07 PM

> Santa Fe, NM

> January 8, 2016

> Office of the Secretary, Rulemakings and Adjudications

> Staff

> U.S. Nuclear Regulatory Commission

> Washington, D.C. 20555-0001

> Administrative Judge Michael M. Gibson, Chairman, c/o Nicole

> Pepperl & Jennifer Scro, Board Law Clerks

> Mail Stop T-3F23

> U.S. Nuclear Regulatory Commission

> Washington, D.C. 20555-0001

> fax to (301) 415-1101 and (301) 415-5599

> email to hearingdocket@nrc.gov

> nicole.pepperl@nrc.gov

> and jennifer.scro@nrc.gov

> opa.resource@nrc.gov

> from the desk of Andrew DeSalvo

> MEMORANDUM FOR: Office of the Secretary, Rulemakings and

> Adjudications Staff; Administrative Judge Michael M. Gibson,

> Chairman, c/o Nicole Pepperl & Jennifer Scro, Board Law

> Clerks

SUBJECT:

ALSB Evidentiary Hearing on Turkey Point Nuclear

> Canal Temperature Issue; TRANSMITTAL public written

> limited appearance statements, regarding the license

> amendments and the contention under consideration. These

> statements, which may be considered by the judges, must be

> submitted no later than Jan. 15 to both the NRC Secretary

> and the chairman of the ASLB

> To whom it may concern;

> I wish to propound public written limited appearance

> statements, regarding the license amendments and the

> contention under consideration, to be considered by the

> judges, and submitted no later than Jan. 15 to both the NRC

> Secretary and the chairman of the ASLB, as follows:

> REFERENCE

> Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id:

> 8650254

> REASON FOR APPEAL; REQUEST FOR INFORMATION, pursuant to New

> Mexico 1 Inspection of Public Records Act; and MOTION TO

> ADMIT EVIDENCE

> Claimant [APPELLANT]: Claimant Name: Andrew DeSalvo Claimant

> ID: 8650254 Issue Identification Number: 0004 2501 89-01

> Employer: Gator Dredging 13630 50th Way N Clearwater FL

> 33760 EAN: 00691201-1 15

> Date: 11/18/2015 17

> Time: 1:15PM

> Authority: DWS Appeals Tribunal

> Administrative Law Judge: Christman, Andrea 20

> BACKGROUND

> CLAIMANT performed a particular task assigned by EMPLOYER,

> analyzing information thoroughly before it is handed over

> to other professionals, pertaining to the project site

> for the cooling canals for Turkey Point nuclear reactors.

> WATERWAY & LOCATION: The project site for the cooling

> canals for Turkey Point nuclear reactors is located within

> the existing Turkey Point facility east of Homestead,

> Florida; and, proposes dredge and fill activities

> TRANSMITTAL

> 2 Attachments 5 MB

> PDF APPEAL 0004250189-01 NMDWS due 17NOV2015v8.1

> protected.pdf 5 MB

> PDF FIRST AMENDMENT APPEAL 0004250189-01.pdf 191KB

> I believe the written limited appearance statements,

> pertains to ALSB Evidentiary Hearing on Turkey Point Nuclear

> Canal Temperature Issue, regarding the license amendments

> and the contention under consideration.

> Please do not hesitate to call on me if you require

> additional information - I am at your service.

> Yours sincerely,

> ANDREW DeSALVO

> (203)805-1581

> andrew.desalvo@yahoo.com

> 2 Attachments

> 5 MB

> PDF

> APPEAL 0004250189-01 NMDWS due 17NOV2015v8.1

> protected.pdf

> 5 MB

> PDF

> FIRST AMENDMENT APPEAL 0004250189-01.pdf

> 191KB

> OSHA's Whistleblower Protection Program enforces the

> whistleblower provisions of more than twenty whistleblower

> statutes protecting employees who report violations of

> various workplace safety and health, airline, commercial

> motor carrier, consumer product, environmental, financial

> reform, food safety, health insurance reform, motor vehicle

> safety, nuclear, pipeline, public transportation agency,

> railroad, maritime, and securities laws. Rights afforded by

> these whistleblower protection laws include, but are not

> limited to, worker participation in safety and health

> activities, reporting a work-related injury, illness or

> fatality, or reporting a violation of the statutes herein.

> Ownership and Intellectual Property:

> The OWNER and cited sources retain all right, title, and

> interest in and to all of the copyrights, database rights,

> patent rights, trademarks, trade secrets, and all other

> propriety right in the CONTENT. No rights are granted to the

> CONTENT. Any right, title or interest arising in any

> compilation or derivative work created using any CONTENT

> shall not entitle the RECIPIENT to use any CONTENT. The

> RECIPIENT does not acquire any copyright ownership or

> equivalent rights in, or to, any CONTENT or any other

> property of the OWNER or sources of CONTENT.

> Confidentiality Statement:

> This electronic message, and any attachment, contains

> privileged and confidential information from Andrew J.

> DeSalvo, intended for the use of the individual or entity

> named above. If you are not the intended RECIPIENT,

> immediately and permanently delete the message and any

> attachment from your system. Disclosure, copying,

> distribution, or use of the contents of this message is

> strictly prohibited. If you have received this email in

> error, please notify promptly by telephone at (203)805-1581

> or by email reply.

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 REASON FOR APPEAL; REQUEST FOR INFORMATION, pursuant to New Mexico 2 Inspection of Public Records Act; and MOTION TO ADMIT EVIDENCE 3

4 5 Claimant [APPELLANT]:

6 Claimant Name: Andrew DeSalvo 7 Claimant ID: 8650254 8 Cell Number: (203)805-1581 9 Issue Identification Number: 0004 2501 89-01 10 11 Employer:

12 Gator Dredging 13 13630 50th Way N 14 Clearwater FL 33760 15 EAN: 00691201-1 16 17 Date: 11/18/2015 18 Time: 1:15PM 19 Authority: DWS Appeals Tribunal 20 Administrative Law Judge: Christman, Andrea Page C1 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 BACKGROUND 2

3 CLAIMANT performed a particular task assigned by EMPLOYER, analyzing information 4 thoroughly before it is handed over to other professionals, pertaining to the project site for the 5 cooling canals for Turkey Point nuclear reactors.

6 7 WATERWAY & LOCATION:

8 The project site for the cooling canals for Turkey Point nuclear reactors is located within the existing 9 Turkey Point facility east of Homestead, Florida; and, proposes dredge and fill activities in, over, or 10 under waters of the United States. See Aerial detailed view from above, with zoom in and zoom out 11 function, at 12 13 URL: http://binged.it/1Op8z2A 14 15 HISTORY:

16 Canals that keep two Turkey Point nuclear reactors from overheating need millions more gallons of 17 water to stay cool. Florida Power & Light needs millions more gallons of freshwater to manage 18 cooling canals that keep two nuclear reactors at Turkey Point from overheating, company officials 19 said in an emergency request to the South Florida Water Management District. . . But despite the 20 aquifer water and the addition of chemicals to treat the algae, canal temperatures remain high. In 21 July and August, temperatures at times reached 102 degrees, officials said in their request to water 22 managers. If temperatures exceed 104 degrees, the plants two nuclear reactors would need to start 23 shutting down within 12 hours1.388889e-4 days 0.00333 hours 1.984127e-5 weeks 4.566e-6 months , which could impact grid reliability, the letter said. . . We have 24 seen some improvements, but its just not enough right now and we need more water in the canals, Page C2 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 said FPL spokesman Greg Brostowicz. . . After Oct. 15 is when we dont have the regular flows and 2 thats when we get really concerned that youre going to get salinity rising and problems spiraling, 3 said Jane Graham, an Everglades policy analyst for Audubon Florida. Miami-Dade County. August 4 28, 2014. Florida Power & Light cooling canals at Turkey Point nuclear power plant still too hot.

5 6 URL:http://www.miamiherald.com/news/local/community/miamidade/article1983871.html#story 7 link=cpy 8

9 Last year, after rising temperatures repeatedly risked shutting down nuclear reactors they help cool, 10 FPL obtained permission to run the canals hotter at 104 degrees. But as temperatures topped 100 11 degrees, salinity climbed, to as much as three times nearby ocean water in Biscayne Bay. FPL hastily 12 obtained an emergency permit to pump water from the nearby L-31 canal to freshen the canals.

13 14 Turkey Point canals may be too salty for nesting crocs Oct 29, 2015 - McClatchy-Tribune Content 15 Agency, LLC - Jenny Staletovich The Miami Herald.

16 17 URL: http://www.energybiz.com/article/15/10/turkey-point-canals-may-be-too-salty-nesting-crocs 18 Page C3 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 STATEMENT OF REASONS FOR APPEAL 2

3 1.) The DETERMINATION is WRONG; CLAIMANT was NOT discharged because of deliberate 4 refusal, without good cause, to perform a particular task assigned to CLAIMANT; the Reasoning 5 and Findings are INCORRECT; and, the Reasoning and Findings are not based on the facts and the 6 law; 7

8 KNOW ALL MEN, the laws of the state of Florida; 9

10 CITE 11 Florida Administrative Code (FAC): Rule: 5J-17.051 Rule

Title:

Standards of Practice: General 12 Survey, Map, and Report Content Requirements DEPARTMENT OF AGRICULTURE AND 13 CONSUMER SERVICES Division of Consumer Services BOARD OF PROFESSIONAL 14 SURVEYORS AND MAPPERS; 15 16 CITE 17 2014 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 120 18 ADMINISTRATIVE PROCEDURE ACT 120.60 Licensing. ;

19 20 CITE 21 2014 Florida Statutes Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS 22 Chapter 472 LAND SURVEYING AND MAPPING 472.031. - LAND SURVEYING AND 23 MAPPING 472.031 - Prohibitions; penalties; 24 Page C4 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 CITE 2 2014 Florida Statutes Title XI MUNICIPALITIES Chapter 177 LAND BOUNDARIES 177.36 3 2.) CLAIMANT is not in possession of the statements of EMPLOYER which describes why 4 CLAIMANT was discharged; 5

6 NOW, CLAIMANT makes this REQUEST FOR INFORMATION, pursuant to New Mexico 7 Inspection of Public Records Act, NMSA 1978, §§ 14-2-1 et seq. (IPRA), for the complete 8 RECORD OF DETERMINATION, including Reasoning and Findings, and, EVIDENCE and 9 STATEMENTS presented by the EMPLOYER; and, 10 11 NOW, CLAIMANT makes this MOTION TO ADMIT EVIDENCE in the style of the complete 12 record of Employment Information, dated October 19, 2015, on file with the STATE OF NEW 13 MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS, including the Employment 14 Information, dated October 19, 2015, Corrected 10/20/15.

15 16 3.) CLAIMANT applied to EMPLOYER for the position of Boat Operator (Homestead), and, 17 based on experience of CLAIMANT in land surveying, Tyler McDougal, Professional Engineer, 18 Operations Engineering Manager, interviewed CLAIMANT for the position of Survey Crew Chief, 19 on August 19, 2015 (see EXHIBIT E, CORRESPONDENCE, Page C103 to C115, of C180);

20 21 CLAIMANT stated during the employment interview, on August 19, 2015, with Tyler McDougal, 22 Professional Engineer, Operations Engineering Manager, for the position of Survey Crew Chief, that 23 any report by CLAIMANT, which finds that EMPLOYER fails to achieve the minimum standards 24 of accuracy, completeness, and quality premised upon the type of survey and the expected use of the Page C5 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 survey and map, may been adverse to the ability of the CLAIMANT to perform a particular task 2 assigned by the EMPLOYER to the CLAIMANT; 3

4 EMPLOYER, on August 19, 2015, as Waterfront Property Services, LLC (dba Gator Dredging),

5 wishes to extend (to CLAIMANT) the following . . . Offer of Employment - Survey Crew Chief 6 . . .1. reporting directly to Tyler McDougal, Professional Engineer, Operations Engineering 7 Manager (see EXHIBIT A, EMPLOYMENT CONTRACT, Page C38 of C180, lines 27-28).

8 9 CLAIMANT was hired on Friday, August 21, 2015 as Survey Crew Chief reporting to Tyler 10 McDougal, Professional Engineer, Operations Engineering Manager (see EXHIBIT A, 11 EMPLOYMENT CONTRACT, Page C38 - line 11, of C180; see EXHIBIT E, 12 CORRESPONDENCE, Page C120 - line 30, of C180);

13 14 Tyler McDougal, Professional Engineer, Operations Engineering Manager, stated to the 15 CLAIMANT, on Friday, August 21, 2015 (see EXHIBIT E, CORRESPONDENCE, Page C125 -

16 lines 4-15, of C180), that management of the EMPLOYER was not able to determine if the 17 particular task assigned to CLAIMANT is a wise approach to KEY RESPONSIBILITIES:

18 Managing the following: survey equipment inventory / replacement / acquisition as follows:

19 20 In the meantime, can you review this document I prepared regarding the types of surveys we 21 perform now and in the expected future. I also attached two (2) quotes for RTK GPS equipment 22 (Altus 3X and Trimble R8) to complete those tasks effectively and the associated spec sheets &

23 training. There are 10 attachments in total. Can you advise if they are appropriate? If not, what you 24 would recommend. Ideally we will have the proper equipment selected, purchased and delivered so Page C6 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 it will be available upon your arrival. If this is not a wise approach and requires more research -

2 please advise if you can further assist or if you would like to wait until you arrive.

3 4 CLAIMANT performed a particular task, assigned by the EMPLOYER, and, on Friday, August 21, 5 2015, made a RESPONSE, Work & Arrival Details, at 5.) Suggest you postpone purchase until we 6 complete SCOPE OF INVESTIGATION for the hardware and software, and until we have 7 consensus between INTERESTED PARTIES including Operations Engineering, Information 8 Technology, Project Manager, et al (see Page C128 - line 6-9, of C180).

9 10 CLAIMANT performed a particular task, assigned by EMPLOYER, of travel more than thirty four 11 hundred (3459) miles in a Privately Owned Vehicle (POV) (see EXHIBIT C, TRAVEL 12 EXPENSES FOR REIMBURSEMENT, Page C43 of C180); Tyler McDougal, Professional 13 Engineer, Operations Engineering Manager, did not attend a meeting, a particular task assigned by 14 the EMPLOYER to CLAIMANT, at the Floridian Hotel, Homestead, Florida, on Tuesday, 15 September 1, 2015; and, Tyler McDougal did not attend a meeting, a particular task assigned by the 16 EMPLOYER to CLAIMANT, at the Turkey Point Nuclear Plant, on Wednesday, September 2, 17 2015 (see EXHIBIT E, CORRESPONDENCE, Page C156 - line 13-18, of C180),

18 19 to discuss a particular task assigned by EMPLOYER to CLAIMANT, analyzing information 20 thoroughly before it is handed over to other professionals consistent with the JOB PURPOSE:

21 The selected candidate is responsible for: The collection of all field information related to 22 engineering and surveying for the operations department, and KEY RESPONSIBILITIES:

23 Managing the following: survey equipment inventory / replacement / acquisition, and 24 performing and/or overseeing pre-, progress and post-dredge surveys (see EXHIBIT B, JOB Page C7 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 DESCRIPTION, Page C41 - line 3-21, of C180) in section 1 of canal system using current 2 differential GPS methods.

3 4 4.) CLAIMANT believes that Mike Henderson, Project Manager for EMPLOYER at Turkey Point 5 nuclear plant, was fired on, or before, Monday August 31, 2015, by Bill Coughlin, Chief Operating 6 Officer; and, CLAIMANT was not able to report for work to Mike Henderson, Project Manager for 7 EMPLOYER at Turkey Point nuclear plant, a particular task assigned by the EMPLOYER to the 8 CLAIMANT, on Monday August 31, 2015, at the time and place specified in the Offer of 9 Employment - Survey Crew Chief, dated August 19, 2015, by the EMPLOYER, as Waterfront 10 Property Services, LLC (dba Gator Dredging) (see EXHIBIT A, EMPLOYMENT CONTRACT, 11 Page C39 - line 13, of C180).

12 13 5.) CLAIMANT performed a particular task, assigned by EMPLOYER, of travel more than thirty 14 four hundred (3459) miles in a Privately Owned Vehicle (POV) (see EXHIBIT C, TRAVEL 15 EXPENSES FOR REIMBURSEMENT, Page C43 of C177); performed a particular task assigned 16 by EMPLOYER of meeting with Karen Swope, Field Admin - Gator Dredging, at 8 am, Tuesday, 17 September 1, 2015, to complete the New Hire Paperwork Gator Dredging (see EXHIBIT E, 18 CORRESPONDENCE, Page C164 - line 21-28, of C180); performed a particular task, assigned by 19 EMPLOYER, of passing a physical examination and drug test (see EXHIBIT E, 20 CORRESPONDENCE, Page C159 - line 11-12; Page C163 - line 18-19; etc., of C180); performed 21 a particular task, assigned by EMPLOYER, of reporting for work at the Turkey Point Nuclear Plant 22 on Wednesday, September 2, 2015 (see EXHIBIT E, CORRESPONDENCE, Page C156 - line 23 13-18; Page C159 - line 14; Page C161 - line 43; Page C162, line 14-16; etc., of C180); and, 24 performed a particular task, assigned by EMPLOYER, of attended a safety meeting at the Turkey Page C8 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Point Nuclear Plant, on Wednesday, September 2, 2015.

2 3 CLAIMANT performed a particular task assigned by EMPLOYER, after attending a safety meeting 4 on Wednesday, September 2, 2015, of analyzing information thoroughly before it is handed over to 5 other professionals related to KEY RESPONSIBILITIES: Managing the following: Survey 6 equipment management/repair/maintenance, Survey equipment 7 inventory/replacement/acquisition, and interpreting data using maps, charts and plans, specified 8 in the job description for Survey Crew Chief (see EXHIBIT B, JOB DESCRIPTION, Page C41, 9 line 3-21, of C180); and, 10 11 CLAIMANT was fired by Bill Coughlin, Chief Operating Officer, on Wednesday, September 2, 12 2015, fifteen (15) minutes after attending a safety meeting, for performing a particular task assigned 13 by the EMPLOYER to the CLAIMANT specified under the JOB PURPOSE: The selected 14 candidate is responsible for: The collection of all field information related to engineering and 15 surveying for the operations department (see EXHIBIT B, JOB DESCRIPTION, Page C41 -

16 line 3-4, of C180).

17 18 6.) CLAIMANT was hired for JOB PURPOSE and KEY RESPONSIBILITIES, as follows:

19 20 JOB PURPOSE: The selected candidate is responsible for: the collection of all technical field 21 information related to engineering/surveying for the operations department and to perform to 22 particular tasks assigned to the CLAIMANT by EMPLOYER, including KEY 23 RESPONSIBILITIES: Managing the following: performing and/or overseeing pre-, progress and 24 post dredge surveys, training sub-professional, technical, and clerical personnel, as required, Page C9 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 analyzing information thoroughly before it is handed over to other professionals, interpreting 2 data using maps, charts and plans, performing and/or overseeing pre-, progress and post dredge 3 surveys (see EXHIBIT B, JOB DESCRIPTION, Page C41 - line 3-21, of C180); and, 4

5 CLAIMANT knows Florida Administrative Code (FAC): Rule: 5J-17.051 Rule

Title:

Standards of 6 Practice: General Survey, Map, and Report Content Requirements, and CLAIMANT performed a 7 particular task, assigned by EMPLOYER, of analyzing information thoroughly before it is handed 8 over to other professionals pertaining to current differential methods using a range of equipment to 9 produce post-dredge surveys specified by the EMPLOYER, and the "finished product of . . . cross-10 sections and volume report we (EMPLOYER) generate and submit to client [Florida Power & Light 11 Company (FPL), the principal subsidiary of NextEra Energy Inc. (formerly FPL Group, Inc.), a 12 Juno Beach, Florida-based power utility] for payment" (see EXHIBIT D, GATOR - WORK 13 PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY POINT - BACKGROUND, Pages C51 to 14 C58, of C180).

15 16 7.) CLAIMANT knows Florida Administrative Code (FAC): Rule: 5J-17.051 Rule

Title:

Standards of 17 Practice: General Survey, Map, and Report Content Requirements, and CLAIMANT performed a 18 particular task assigned by EMPLOYER of analyzing information thoroughly before it is handed 19 over to other professionals, for BERM STABILIZATION PLAN Exhibit No. FIGURE A (see 20 EXHIBIT D, GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY POINT 21 - BACKGROUND, Page C50 of C180), provided by Tyler McDougal, Professional Engineer, 22 Operations Engineering Manager.

23 24 8.) CLAIMANT knows Florida Administrative Code (FAC): Rule: 5J-17.051 Rule

Title:

Standards of Page C10 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Practice: General Survey, Map, and Report Content Requirements, and CLAIMANT performed a 2 particular task, assigned by EMPLOYER, including KEY RESPONSIBILITIES: Managing the 3 following: Performing and/or overseeing pre-, progress and post dredge surveys, Training sub-4 professional, technical, and clerical personnel, as required, analyzing information thoroughly 5 before it is handed over to other professionals, and interpreting data using maps, charts and 6 plans (see EXHIBIT B, JOB DESCRIPTION, Page C41 - line 3-21, of C180); and, 7

8 CLAIMANT made a report of FINDINGS that the "finished product of . . . cross-sections and 9 volume report we (EMPLOYER) generate and submit to client (FPL) for payment" (see EXHIBIT 10 D, GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY POINT -

11 BACKGROUND, Pages C51 to C58 of C180) is not consistent with Florida Administrative Code 12 (FAC): Rule: 5J-17.051 Rule

Title:

Standards of Practice: General Survey, Map, and Report Content 13 Requirements, resulting in MISREPRESENTATION by EMPLOYER of volume report we 14 (EMPLOYER) generate and submit to client (FPL) for payment (see EXHIBIT D, GATOR -

15 WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY POINT - BACKGROUND, Pages 16 C51 to C58 of C180);

17 18 9.) CLAIMANT knows Florida Administrative Code (FAC): Rule: 5J-17.051 Rule

Title:

Standards of 19 Practice: General Survey, Map, and Report Content Requirements, and CLAIMANT performed a 20 particular task, assigned by EMPLOYER, including KEY RESPONSIBILITIES: Managing the 21 following: Performing and/or overseeing pre-, progress and post dredge surveys, Training sub-22 professional, technical, and clerical personnel, as required, and Interpreting data using maps, 23 charts and plans (see EXHIBIT B, JOB DESCRIPTION, Page C41 - line 3-21, of C180);

24 CLAIMANT made a report of FINDINGS pertaining to current methods using a range of Page C11 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 equipment to produce post-dredge surveys specified by the EMPLOYER; and, 2

3 CLAIMANT believes that EMPLOYER fired CLAIMANT after a report of FINDINGS that 4 confirm statements of Tyler McDougal, Professional Engineer, Operations Engineering Manager, 5 pertaining to confusion on the schedule and timeline and lack of awareness of use of Real Time 6 Kenetic (RTK) technology, and even lack of awareness of use of DIFFERENTIAL GLOBAL 7 POSITIONING SYSTEM (DGPS), on August 31, 2015 (see EXHIBIT E, 8 CORRESPONDENCE, Page C168 - line 22-33, of C180), in Performing and/or overseeing pre-,

9 progress and post dredge surveys, and even lack of awareness of use of Florida Administrative 10 Code (FAC): Rule: 5J-17.051 Rule

Title:

Standards of Practice: General Survey, Map, and Report 11 Content Requirements, as follows:

12 13 "Andrew, It was nice speaking to you today and finding more about your capabilities. . . Apologize 14 for the confusion on the schedule/timeline to implement RTK technology. I am very unaware of its 15 detailed capabilities - hence why you are here - and did not mean to bring pressure into 16 implementing the system and getting it ordered" (see EXHIBIT E, CORRESPONDENCE, Page 17 C168 - line 26-29, of C180);

18 19 10.) CLAIMANT knows Florida Administrative Code (FAC): Rule: 5J-17.051 Rule

Title:

Standards 20 of Practice: General Survey, Map, and Report Content Requirements, and CLAIMANT performed a 21 particular task assigned by EMPLOYER, including KEY RESPONSIBILITIES: Managing the 22 following: Performing and/or overseeing pre-, progress and post dredge surveys, Training sub-23 professional, technical, and clerical personnel, as required, Analyzing information thoroughly 24 before it is handed over to other professionals, Interpreting data using maps, charts and plans, Page C12 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 and Performing and/or overseeing pre-, progress and post dredge surveys (see EXHIBIT B, 2 JOB DESCRIPTION, Page C41 - line 3-21, of C180); and, 3

4 CLAIMANT believes, after performed a particular task assigned by EMPLOYER, analyzing 5 information thoroughly before it is handed over to other professionals that Tyler McDougal, 6 Professional Engineer, Operations Engineering Manager, and EMPLOYER failed to achieve the 7 minimum standards of accuracy, completeness, and quality, pursuant to FAC Rule

Title:

Standards 8 of Practice: General Survey, Map, and Report Content Requirements 5J-17.051 Minimum Technical 9 Standards: General Survey, Map, and Report Content Requirements, as follows:

10 11 1. The accuracy of the survey measurements shall be premised upon the type of survey and the 12 expected use of the survey and map.

13 14 11.) CLAIMANT knows Florida Administrative Code (FAC): Rule: 5J-17.051 Rule

Title:

Standards 15 of Practice: General Survey, Map, and Report Content Requirements, and CLAIMANT performed a 16 particular task assigned by EMPLOYER, including KEY RESPONSIBILITIES: Managing the 17 following: Performing and/or overseeing pre-, progress and post dredge surveys, Training sub-18 professional, technical, and clerical personnel, as required,Analyzing information thoroughly 19 before it is handed over to other professionals, and Interpreting data using maps, charts and 20 plans (see EXHIBIT B, JOB DESCRIPTION, Page C41 - line 3-21, of C180); and, 21 22 CLAIMANT believes that Bill Coughlin, Chief Operating Officer, discharged CLAIMANT, who 23 performed a particular task assigned by EMPLOYER, analyzing information thoroughly before it is 24 handed over to other professionals, pertaining to BERM STABILIZATION PLAN Exhibit No.

Page C13 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 FIGURE A (see EXHIBIT D, GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW:

2 TURKEY POINT - BACKGROUND, Page C50 of C180), provided by Tyler McDougal, 3 Professional Engineer, Operations Engineering Manager; and, 4

5 CLAIMANT believes that Bill Coughlin, Chief Operating Officer, discharged CLAIMANT for a 6 report of FINDINGS that Tyler McDougal, Professional Engineer, Operations Engineering 7 Manager, and EMPLOYER, failed to achieve the minimum standards of accuracy, completeness, 8 and quality pursuant to FAC Rule

Title:

Standards of Practice: General Survey, Map, and Report 9 Content Requirements 5J-17.051 Minimum Technical Standards: General Survey, Map, and Report 10 Content Requirements.

11 12 12.) CLAIMANT knows Florida Administrative Code (FAC): Rule: 5J-17.051 Rule

Title:

Standards 13 of Practice: General Survey, Map, and Report Content Requirements, and CLAIMANT performed a 14 particular task assigned by EMPLOYER, including KEY RESPONSIBILITIES: Managing the 15 following: Performing and/or overseeing pre-, progress and post dredge surveys, Training sub-16 professional, technical, and clerical personnel, as required,Analyzing information thoroughly 17 before it is handed over to other professionals, and Interpreting data using maps, charts and 18 plans (see EXHIBIT B, JOB DESCRIPTION, Page C41 - line 3-21, of C180);

19 20 CLAIMANT was not able to report directly to Tyler McDougal, Professional Engineer, Operations 21 Engineering Manager, a particular task assigned by EMPLOYER described in the Offer for 22 Employment - Survey Crew Chief, dated August 19, 2015 (see EXHIBIT A, EMPLOYMENT 23 CONTRACT, Page C38 - line 27-28, of C180), as follows:

24 Page C14 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 1. We offer you the position of Survey Crew Chief in our Clearwater, Florida officer reporting 2 directly to Tyler McDougal Professional Engineer Operations Engineering Manager; and, 3

4 Tyler McDougal, Professional Engineer, Operations Engineering Manager; did not receive a report 5 of FINDINGS directly by CLAIMANT, analyzing information thoroughly before it is handed over 6 to other professionals, a particular task assigned to CLAIMANT by EMPLOYER, prior to a 7 meeting scheduled for September 4, 2015, 8

9 Friday - Same as Wednesday. *** Some time Wednesday through Friday - we can take a break and 10 meet with Bill Coughlin - Chief Operating Officer - to discuss our findings with RTK system and 11 recommendations on purchase. Based on his input we can agree to purchase the unit or perform 12 more research (see EXHIBIT E, CORRESPONDENCE, Page C162 - line 20-25, of C180),

13 14 CLAIMANT believes that Tyler McDougal, Professional Engineer, Operations Engineering 15 Manager, did not attend a meeting, a particular task assigned to CLAIMANT by EMPLOYER, at at 16 the Floridian Hotel, Homestead, Florida, on Tuesday, September 1, 2015 (see EXHIBIT E, 17 CORRESPONDENCE, Page C156 - line 13-18, of C180);

18 19 CLAIMANT believes that Tyler McDougal, Professional Engineer, Operations Engineering 20 Manager, did not attend a meeting, a particular task assigned to CLAIMANT by EMPLOYER, at 21 the Turkey Point Nuclear Plant, on Wednesday, September 2, 2015 (see EXHIBIT E, 22 CORRESPONDENCE, Page C159- lines 14-15; Page C156 - line 13-18; Pages C158-159; Pages 23 C164-170, etc., of C180);

24 Page C15 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 CLAIMANT was not able to report directly to Tyler McDougal, Professional Engineer, Operations 2 Engineering Manager, a particular task assigned by EMPLOYER described in the Offer for 3 Employment - Survey Crew Chief, dated August 19, 2015 (see EXHIBIT A, EMPLOYMENT 4 CONTRACT, Page C38 - line 27-28, of C180); and, Tyler McDougal, Professional Engineer, 5 Operations Engineering Manager, did not receive a report of FINDINGS directly by CLAIMANT, 6 analyzing information thoroughly before it is handed over to other professionals, a particular task 7 assigned to CLAIMANT by EMPLOYER, prior to a meeting scheduled for September 4, 2015, 8

9 Friday - Same as Wednesday. *** Some time Wednesday through Friday - we can take a break and 10 meet with Bill Coughlin - Chief Operating Officer - to discuss our findings with RTK system and 11 recommendations on purchase. Based on his input we can agree to purchase the unit or perform 12 more research (see EXHIBIT E, CORRESPONDENCE, Page C162 - line 20-25, of C180),

13 14 pertaning to post-dredge survey work in section 1 of current differential methods using a range of 15 equipment to produce post-dredge surveys specified by the EMPLOYER; and 16 17 CLAIMANT believes that the report by CLAIMANT shows FINDINGS that Tyler McDougal, 18 Professional Engineer, Operations Engineering Manager, and EMPLOYER failed to achieve the 19 minimum standards of accuracy, completeness, and quality pursuant to FAC Rule

Title:

Standards of 20 Practice: General Survey, Map, and Report Content Requirements 5J-17.051 Minimum Technical 21 Standards: General Survey, Map, and Report Content Requirements.

22 23 13.) CLAIMANT knows Florida Administrative Code (FAC): Rule: 5J-17.051 Rule

Title:

Standards 24 of Practice: General Survey, Map, and Report Content Requirements, and CLAIMANT performed a Page C16 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 particular task assigned by EMPLOYER, analyzing information thoroughly before it is handed 2 over to other professionals pertaining to BERM STABILIZATION PLAN Exhibit No. FIGURE 3 A (see EXHIBIT D, GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY 4 POINT - BACKGROUND, Page 50 of C180), provided by Tyler McDougal, Professional 5 Engineer, Operations Engineering Manager; and, 6

7 CLAIMANT believes EMPLOYER discharged CLAIMANT, after CLAIMANT performed a 8 particular task assigned to CLAIMANT by EMPLOYER, and after CLAIMANT made FINDINGS 9 that show MISREPRESENTATION of Turkey Point Nuclear Plant Cooling Canal System 10 "finished product of . . . cross-sections and volume report we (EMPLOYER) generate and submit 11 to client for payment" (see EXHIBIT D, GATOR - WORK PLAN FOR WEEK OF 8/31 TO 12 8/4 FW: TURKEY POINT - BACKGROUND, Pages C51 to C58 of C180), for dredge and fill 13 activities in, over, or under waters of the United States that may cause overheating of cooling canals 14 for Turkey Point nuclear reactors located within the existing Turkey Point facility east of 15 Homestead, Florida that poses immediate serious danger to the public health, safety, or welfare; and, 16 may require emergency suspension, restriction, or limitation of a license held by Tyler McDougal 17 Professional Engineer Operations Engineering Manager, pursuant to 2014 Florida Statutes Title X 18 PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 120 ADMINISTRATIVE 19 PROCEDURE ACT 120.60 Licensing. .

20 21 14.) CLAIMANT knows Florida Administrative Code (FAC): Rule: 5J-17.051 Rule

Title:

Standards 22 of Practice: General Survey, Map, and Report Content Requirements, and CLAIMANT performed a 23 particular task assigned by EMPLOYER, analyzing information thoroughly before it is handed 24 over to other professionals pertaining to BERM STABILIZATION PLAN Exhibit No. FIGURE Page C17 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 A (see EXHIBIT D, GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY 2 POINT - BACKGROUND, Page 50 of C180), provided by Tyler McDougal, Professional 3 Engineer, Operations Engineering Manager; and, 4

5 CLAIMANT believes Bill Coughlin, Chief Operating Officer, discharged CLAIMANT for 6 FINDINGS pertaining to MISREPRESENTATION of Turkey Point Nuclear Plant Cooling Canal 7 System "finished product of . . . cross-sections and volume report we (EMPLOYER) generate and 8 submit to client (FPL) for payment" (see EXHIBIT D, GATOR - WORK PLAN FOR WEEK 9 OF 8/31 TO 8/4 FW: TURKEY POINT - BACKGROUND, Pages C51 to C58 of C180).

10 11 CLAIMANT believes Bill Coughlin, Chief Operating Officer, is not a licensed Professional 12 Engineer under the laws of the state of Florida responsible for dredge and fill activities in, over, or 13 under waters of the United States; 14 15 CLAIMANT believes Bill Coughlin, Chief Operating Officer, is not a qualified personnel licensed 16 by the Board of Professional Surveyors and Mappers or by representatives of the United States 17 Government when approved by the department - authorized to inspect Work to be performed only 18 by authorized personnel - The establishment of local tidal datums and the determination of the 19 location of the mean high-water line or the mean low-water line, a particular task assigned to the 20 CLAIMANT by EMPLOYER, as follows:

21 22 JOB PURPOSE KEY RESPONSIBILITY Managing the following: Field stake-out of 23 construction controls (see EXHIBIT B, JOB DESCRIPTION, Page C41 - line 3-21, of C180) 24 for dredge and fill activities in, over, or under waters of the United States, pertaning to post-dredge Page C18 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 survey work in section 1 of canal system using current differential GPS methods; pursuant to 2014 2 Florida Statutes Title XI MUNICIPALITIES Chapter 177 LAND BOUNDARIES 177.36; 3

4 CLAIMANT believes Bill Coughlan, Chief Operating Officer, discharged CLAIMANT, and 5 CLAIMANT was not able to report directly to Tyler McDougal, Professional Engineer, Operations 6 Engineering Manager; and, Tyler McDougal, Professional Engineer, Operations Engineering 7 Manager, did not receive a report of FINDINGS directly by CLAIMANT, analyzing information 8 thoroughly before it is handed over to other professionals, a particular task assigned by 9 EMPLOYER described in the Offer for Employment - Survey Crew Chief, dated August 19, 2015 10 (see EXHIBIT A, EMPLOYMENT CONTRACT, Page C38 - line 28-28, of C180), prior to a 11 meeting scheduled for September 4, 2015, 12 13 Friday - Same as Wednesday. *** Some time Wednesday through Friday - we can take a break and 14 meet with Bill Coughlin - Chief Operating Officer - to discuss our findings with RTK system and 15 recommendations on purchase. Based on his input we can agree to purchase the unit or perform 16 more research (see EXHIBIT E, CORRESPONDENCE, Page C162 - line 20-25, of C180).

17 18 15.) CLAIMANT knows Florida Administrative Code (FAC): Rule: 5J-17.051 Rule

Title:

Standards 19 of Practice: General Survey, Map, and Report Content Requirements; CLAIMANT knows (1) No 20 person shall: (a) Practice or offer to practice surveying and mapping unless such person is registered 21 pursuant to ss. 472.001-472.037; CLAIMANT believes Bill Coughlin, Chief Operating Officer, is not 22 a registered Professional Engineer pursuant to 2014 Florida Statutes.

23 24 CLAIMANT believes Bill Coughlin, Chief Operating Officer, discharged CLAIMANT, who Page C19 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 performed a particular task assigned by EMPLOYER, analyzing information thoroughly before it is 2 handed over to other professionals pertaining to BERM STABILIZATION PLAN Exhibit No.

3 FIGURE A (see EXHIBIT D, GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW:

4 TURKEY POINT - BACKGROUND, Page C50 of 180), provided by Tyler McDougal, 5 Professional Engineer, Operations Engineering Manager, fifteen minutes after the completion of the 6 safety meeting, at that moment in time when:

7 8 the assistant Operations Engineering Manager, a member of the one (1) three man crew engaged in 9 post-dredge survey work in Section 1 of canal system using current Differential GPS methods, 10 described the method specified by the EMPLOYER for location and observations of Depth, used 11 to compute cut volume; and, at that moment in time when:

12 13 CLAIMANT performed a particular task assigned by EMPLOYER, analyzing information 14 thoroughly before it is handed over to other professionals for the method specified by the 15 EMPLOYER, for location and observations of Depth; and, CLAIMANT made FINDINGS, as 16 follows:

17 18 FINDINGS: CLAIMANT believes, when executing the method specified by the EMPLOYER for 19 location and observations of Depth, the boat operator attempts to keep the boat as near as possible 20 on station line, and to have all headway off the boat when the rod man attempts to execute the 21 actual SOUNDING at catch point and attempts to obtain frequent observations of Depth in the 22 SOUNDING circle, at an interval of one foot, by readings of the Philadelphia rod which the rod 23 man holds (without a hawespipe) over the gunwale of the boat, as the boat operator attempts to 24 proceed along a course on station; and, the rod man attempts to keep the instrument man Page C20 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 continually informed of the SOUNDING observations of Depth.

2 3 The instrument man attempts to take a fix of position from a hand-held GPS data collector, and the 4 instrument man attempts to enter the SOUNDING observations of Depth, on the call of the rod 5 man by readings of the Philadelphia rod, before the fix of position is recorded in the hand-held GPS 6 data collector, and before the boat operator attempts to proceeds along a course on station line.

7 8 Since every boat has its own handling characteristics, the speed of the boat proceeding along a 9 course on station line is difficult to specify, depending on wind and current, as the boat draws near 10 the SOUNDING circle at an interval of one foot, and the instrument man attempts to recommend 11 course change to the boat operator to return to a course on station, if necessary.

12 13 CLAIMANT performed a particular task assigned by EMPLOYER, after attending a safety meeting, 14 of analyzing information thoroughly before it is handed over to other professionals related to 15 KEY RESPONSIBILITIES: Managing the following: Performing and/or overseeing pre-,

16 progress and post dredge surveys, Survey equipment management/repair/maintenance, Survey 17 equipment inventory/replacement/acquisition, and interpreting data using maps, charts and 18 plans; specified in the job description for Survey Crew Chief (see EXHIBIT B, JOB 19 DESCRIPTION, Page C41 - line 3-21, of C180); and, 20 21 CLAIMANT believes the method of SOUNDING specified by the EMPLOYER is not an 22 innovative method, or even a standard method, to utilize the DIFFERENTIAL GLOBAL 23 POSITIONING SYSTEM (DGPS) for location and observations of Depth, to conform to FAC 24 Rule

Title:

Standards of Practice: General Survey, Map, and Report Content Requirements 5J-17.051 Page C21 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Minimum Technical Standards: General Survey, Map, and Report Content Requirements; and 2

3 CLAIMANT believes the method of SOUNDING specified by the EMPLOYER DOES NOT 4 utilize a DIFFERENTIAL GLOBAL POSITIONING SYSTEM (DGPS); DOES NOT describe 5 procedure to locate the pelorus, or even the hawespipe, exactly at the SOUNDING bearing on 6 station line; DOES NOT make a record of the direction of the boat; DOES NOT describe 7 procedure to lay off the hawsepipe to pelorus distance along the station line, DOES NOT describe 8 procedure to lay off on the radius of the SOUNDING CIRCLE, DOES NOT describe procedure 9 to locate the position of the Philadelphia rod at the moment of the SOUNDING, and DOES NOT 10 result in location and observations of Depth to conform to FAC Rule

Title:

Standards of Practice:

11 General Survey, Map, and Report Content Requirements 5J-17.051 Minimum Technical Standards:

12 General Survey, Map, and Report Content Requirements; 13 14 resulting in MISREPRESENTATION of Turkey Point Nuclear Plant Cooling Canal System 15 "finished product of . . . cross-sections and volume report we (EMPLOYER) generate and submit 16 to client (FPL) for payment" (see EXHIBIT D, GATOR - WORK PLAN FOR WEEK OF 8/31 17 TO 8/4 FW: TURKEY POINT - BACKGROUND, Pages C51 to C58, of C180) for dredge and 18 fill activities in, over, or under waters of the United States.

19 20 CLAIMANT performed a particular task assigned by EMPLOYER, after attending a safety meeting, 21 of analyzing information thoroughly before it is handed over to other professionals related to 22 KEY RESPONSIBILITIES: Managing the following: Performing and/or overseeing pre-,

23 progress and post dredge surveys, Survey equipment management/repair/maintenance, Survey 24 equipment inventory/replacement/acquisition, and interpreting data using maps, charts and Page C22 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 plans; specified in the job description for Survey Crew Chief (see EXHIBIT B, JOB 2 DESCRIPTION, Page C41 - line 3-21, of C180); and, 3

4 CLAIMANT believes the method of SOUNDING specified by the EMPLOYER, using one (1) 5 three man crew engaged in post-dredge survey work in Section 1 of canal system using current 6 Differential GPS methods, 7

8 a.) DOES NOT specify Performing and/or overseeing pre-, progress and post dredge surveys, 9 Survey equipment management/repair/maintenance, Survey equipment 10 inventory/replacement/acquisition for location and observations of Depth to conform with U.S.

11 Geological Survey Hydrographic Surveys, illustrated as follows:

12 13 14 15 b.) DOES NOT specify Survey equipment management/repair/maintenance, Survey equipment 16 inventory/replacement/acquisition for location and observations of Depth to conform with U.S.

17 Geological Survey Hydrographic Surveys, as follows:

Page C23 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 Overview. Maritime and river navigation are primary components that initiated the field of 3 hydrographic surveying. Applications such as volume assessment for water supply and flood-control 4 reservoirs, construction over waterways and adjacent inland development, flood and habitat studies, 5 . . . all require the need for underwater surveys.

6 7 The most important information collected during hydrographic surveys is the water surface 8 elevation. Echo sounders only provide a depth, so to create an elevation map of the bottom that will 9 be useful at other water levels, the current water surface elevation must be determined. Determining 10 water surface elevation can be done in three ways; it can be determined from daily stage data (typical 11 only applicable in reservoirs), it can be determined before and after surveying using typical Real-12 Time Kinematic (RTK) roving techniques, or it can be determined from an accurate GPS elevation 13 in real-time where the receiving GPS antenna is mounted on the boat at a known offset from echo 14 sounder and the water surface. Determining water surface elevation in lakes and reservoirs is often 15 done differently than in rivers because stage does not change as rapidly and because there is no slope 16 to account for. Regardless of how water surface elevation is determined position must also be 17 collected during the hydrographic survey.

18 19 c.) DOES NOT specify Survey equipment management/repair/maintenance, Survey equipment 20 inventory/replacement/acquisition for location and observations of Depth to conform with U.S.

21 Geological Survey Hydrographic Surveys, as follows:

22 23 Approach. Most lake surveys utilize differential GPS (DGPS) when collecting data along 24 predetermined transects throughout the water body. DGPS is used to determine position, however, Page C24 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 DGPS elevations are typically not accurate enough to determine water surface. The DGPS positions 2 are collected and time tagged to relate to time-tagged survey-grade echo sounding data, often with a 3 latency or correction.

4 5 REFERENCE 6 U.S. Department of the Interior l U.S. Geological Survey 7 URL: http://water.usgs.gov/osw/gps/GPS_projects.html 8 Page Last Modified: Tuesday, 25-Feb-2014 09:07:54 EST 9

10 CLAIMANT performed a particular task assigned by EMPLOYER, after attending a safety meeting, 11 of analyzing information thoroughly before it is handed over to other professionals related to 12 KEY RESPONSIBILITIES: Managing the following: Performing and/or overseeing pre-,

13 progress and post dredge surveys, Survey equipment management/repair/maintenance, Survey 14 equipment inventory/replacement/acquisition, and interpreting data using maps, charts and 15 plans; specified in the job description for Survey Crew Chief (see EXHIBIT B, JOB 16 DESCRIPTION, Page C41 - line 3-21, of C180); and, 17 18 CLAIMANT believes the method of SOUNDING specified by the EMPLOYER, and the "finished 19 product of . . . cross-sections and volume report we (EMPLOYER) generate and submit to client 20 for payment"(see EXHIBIT D, GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW:

21 TURKEY POINT - BACKGROUND, Pages C51 to C58, of C180) for dredge and fill activities in, 22 over, or under waters of the United States; does not conform with the primary mission accuracy of 23 the DGPS service, DOES NOT conform with the definition of an innovative ways to utilize 24 DGPS services, or even a standard method to utilize the DIFFERENTIAL GLOBAL Page C25 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 POSITIONING SYSTEM (DGPS) for location and observations of Depth, described in the 2 USCG DIFFERENTIAL GPS NAVIGATION SERVICE

SUMMARY

, as follows:

3 4 The primary mission of the DGPS service is to provide sub-10 meter accuracy for the 5 harbor/harbor approach phase of marine navigation. This is the most important issue we face 6 as DGPS service providers. However, other users have found innovative ways to utilize DGPS 7 services and where feasible, the Coast Guard DGPS network has expanded to meet their 8 needs.

9 10 REFERENCE 11 USCG DIFFERENTIAL GPS NAVIGATION SERVICE by Gene W. Hall, LCDR, USCG DGPS 12 Operations Officer. URL: http://www.navcen.uscg.gov/pdf/dgps/dgpsdoc.pdf 13 14 CLAIMANT performed a particular task assigned by EMPLOYER, after attending a safety meeting, 15 of analyzing information thoroughly before it is handed over to other professionals, related to 16 KEY RESPONSIBILITIES: Managing the following: Performing and/or overseeing pre-,

17 progress and post dredge surveys, Survey equipment management/repair/maintenance, Survey 18 equipment inventory/replacement/acquisition, and interpreting data using maps, charts and 19 plans; specified in the job description for Survey Crew Chief (see EXHIBIT B, JOB 20 DESCRIPTION, Page C41 - line 3-21, of C180); and, 21 22 CLAIMANT believes the method of SOUNDING specified by the EMPLOYER, and the "finished 23 product of . . . cross-sections and volume report we (EMPLOYER) generate and submit to client 24 for payment" (see EXHIBIT D, GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW:

Page C26 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 TURKEY POINT - BACKGROUND, Pages C51 to C58, of C180) for dredge and fill activities in, 2 over, or under waters of the United States, DOES NOT meet the accuracy, reliability and integrity 3 requirements outlined in the Federal Radionavigation Plan (FRP). . . .Values for accuracy and 4 availability set by the 1992 FRP are summarized in Table 2-1, as follows:

5 6 Table 2-1 7 Usage Accuracy (2drme) Availability 8 Harbor/Harbor Approach 8-20 meters 99.7%

9 ATON Positioning 10 meters 95.0%

10 Vessel Traffic Services 10 meters 99.9%

11 NOAH Near Shore Surveying 15 meters 95.0%

12 Army Corps of Engineering 6 meters 98.0%

13 14 REFERENCE 15 COMMANDANT INSTRUCTION 16577.2 Subj: DIFFERENTIAL GLOBAL POSITIONING 16 SYSTEM (DGPS) NAVIGATION SERVICE CONCEPT OF OPERATIONS Encl. (1) to 17 COMDTTNST 16577.2 USCG DGPS CONOP 18 URL: https://www.uscg.mil/directives/ci/16000-16999/CI_16577_2.pdf 19 20 CLAIMANT believes Bill Coughlin, Chief Operating Officer, discharged CLAIMANT, who 21 performed a particular task assigned by EMPLOYER, analyzing information thoroughly before it is 22 handed over to other professionals, pertaining to BERM STABILIZATION PLAN Exhibit No.

23 FIGURE A (see EXHIBIT D, GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW:

24 TURKEY POINT - BACKGROUND, Page C50 of C180), provided by Tyler McDougal, Page C27 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Professional Engineer, Operations Engineering Manager, fifteen minutes after the completion of the 2 safety meeting, at that moment in time when:

3 4 the assistant Operations Engineering Manager, a member of the one (1) three man crew engaged in 5 post-dredge survey work in Section 1 of canal system using current Differential GPS methods, 6 described the method of POST-PROCESSING MANIPULATION of the location of observations 7 of Depth, used to compute cut volume, resulting in MISREPRESENTATION of Turkey Point 8 Nuclear Plant Cooling Canal System "finished product of . . . cross-sections and volume report we 9 (EMPLOYER) generate and submit to client for payment" (see EXHIBIT D, GATOR - WORK 10 PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY POINT - BACKGROUND, Pages C51 to 11 C58, of C180) for dredge and fill activities in, over, or under waters of the United States; and, at that 12 moment in time when:

13 14 CLAIMANT performed a particular task assigned by EMPLOYER, analyzing information 15 thoroughly before it is handed over to other professionals for the method of POST-16 PROCESSING MANIPULATION for location and observations of Depth specified by the 17 EMPLOYER, as follows:

18 19 FINDINGS: CLAIMANT believes the method of SOUNDING, and the method of POST-20 PROCESSING MANIPULATION of the location of observations of Depth specified by the 21 EMPLOYER, described by the the assistant Operations Engineering Manager, is not an innovative 22 method, or even a standard method, to utilize the DIFFERENTIAL GLOBAL POSITIONING 23 SYSTEM (DGPS) for location and observations of Depth, to conform to FAC Rule

Title:

Standards 24 of Practice: General Survey, Map, and Report Content Requirements 5J-17.051 Minimum Technical Page C28 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Standards: General Survey, Map, and Report Content Requirements; and 2

3 the method of POST-PROCESSING MANIPULATION of the location of observations of Depth, 4 specified by the EMPLOYER, results in MISREPRESENTATION of the cut volume, a possible 5 cause of overheating of cooling canals for Turkey Point nuclear reactors located within the existing 6 Turkey Point facility east of Homestead, Florida, that poses immediate serious danger to the public 7 health, safety, or welfare; and, 8

9 may require emergency suspension, restriction, or limitation of a license held by Tyler McDougal 10 Professional Engineer Operations Engineering Manager, pursuant to 2014 Florida Statutes Title X 11 PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 120 ADMINISTRATIVE 12 PROCEDURE ACT 120.60 Licensing. .

13 14 16.) CLAIMANT knows 2014 Florida Statutes Title XXXII REGULATION OF PROFESSIONS 15 AND OCCUPATIONS Chapter 472 LAND SURVEYING AND MAPPING 472.031, - LAND 16 SURVEYING AND MAPPING 472.031 - Prohibitions; penalties, and CLAIMANT believes Bill 17 Coughlin, Chief Operating Officer, is not a licensed Professional Engineer.

18 19 CLAIMANT believes EMPLOYER discharged CLAIMANT, who performed a particular task 20 assigned by EMPLOYER, for analyzing information thoroughly before it is handed over to other 21 professionals pertaining to "finished product of . . . cross-sections and volume report we 22 (EMPLOYER) generate and submit to client (FPL) for payment" (see EXHIBIT D, GATOR -

23 WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY POINT - BACKGROUND, Pages 24 C51 to C58, of C180), for dredge and fill activities in, over, or under waters of the United States that Page C29 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 may cause overheating of cooling canals for Turkey Point nuclear reactors located within the 2 existing Turkey Point facility east of Homestead, Florida that poses immediate serious danger to the 3 public health, safety, or welfare; and, 4

5 CLAIMANT believes EMPLOYER discharged CLAIMANT, who performed a particular task 6 assigned by EMPLOYER, for analyzing information thoroughly before it is handed over to other 7 professionals that may require emergency suspension, restriction, or limitation of a license held by 8 Tyler McDougal Professional Engineer Operations Engineering Manager, pursuant to 2014 Florida 9 Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 120 10 ADMINISTRATIVE PROCEDURE ACT 120.60 Licensing. ; and, 11 12 CLAIMANT knows the statute and code of the state of Florida, CLAIMANT performed a 13 particular task assigned by EMPLOYER, analyzing information thoroughly before it is handed 14 over to other professionals, and CLAIMANT DID NOT make a deliberate refusal, without good 15 cause, to perform a particular task assigned by EMPLOYER.

16 17 17.) CLAIMANT believes Bill Coughlin, Chief Operating Officer, is not a qualified personnel 18 licensed by the Board of Professional Surveyors and Mappers; CLAIMANT believes Bill Coughlin, 19 Chief Operating Officer, did not identify himself to CLAIMANT by the name and title Bill 20 Coughlin, Chief Operating Officer; CLAIMANT performed a particular task assigned by 21 EMPLOYER, analyzing information thoroughly before it is handed over to other professionals, 22 pertaining to BERM STABILIZATION PLAN Exhibit No. FIGURE A (see EXHIBIT D, 23 GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY POINT -

24 BACKGROUND, Pages C51 to C58, of C180), provided by Tyler McDougal Professional Engineer Page C30 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Operations Engineering Manager; and, CLAIMANT made a finding of MISREPRESENTATION 2 pertaining to "finished product of . . . cross-sections and volume report we (EMPLOYER) generate 3 and submit to client (FPL) for payment" (see EXHIBIT D, GATOR - WORK PLAN FOR 4 WEEK OF 8/31 TO 8/4 FW: TURKEY POINT - BACKGROUND, Pages C51 to C58, of 5 C180);

6 7 CLAIMANT was not able to report directly to Tyler McDougal, Professional Engineer, Operations 8 Engineering Manager, a particular task assigned by EMPLOYER described in the Offer for 9 Employment - Survey Crew Chief, dated August 19, 2015 (see EXHIBIT A, EMPLOYMENT 10 CONTRACT, Page C38 - line 27-28, of C180); and, Tyler McDougal, Professional Engineer, 11 Operations Engineering Manager, did not receive a report of FINDINGS directly by CLAIMANT, 12 analyzing information thoroughly before it is handed over to other professionals, a particular task 13 assigned to CLAIMANT by EMPLOYER, prior to a meeting scheduled for September 4, 2015, 14 15 Friday - Same as Wednesday. *** Some time Wednesday through Friday - we can take a break and 16 meet with Bill Coughlin - Chief Operating Officer - to discuss our findings with RTK system and 17 recommendations on purchase. Based on his input we can agree to purchase the unit or perform 18 more research (see EXHIBIT E, CORRESPONDENCE, Page C162 - line 20-25, of C180).

19 20 CLAIMANT believes Bill Coughlin, Chief Operating Officer, did not seek the professional opinion 21 of Tyler McDougal, Professional Engineer, Operations Engineering Manager, a qualified personnel 22 licensed by the Board of Professional Surveyors and Mappers or by representatives of the United 23 States Government when approved by the department - authorized to inspect Work to be 24 performed only by authorized personnel, pertaining to a particular task assigned by EMPLOYER Page C31 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 to CLAIMANT, analyzing information thoroughly before it is handed over to other professionals, 2 for "finished product of . . . cross-sections and volume report we (EMPLOYER) generate and 3 submit to client (FPL) for payment (see EXHIBIT D, GATOR - WORK PLAN FOR WEEK 4 OF 8/31 TO 8/4 FW: TURKEY POINT - BACKGROUND, Pages C51 to C58, of C180); and, 5

6 CLAIMANT believes EMPLOYER fired CLAIMANT for performing a particular task assigned by 7 EMPLOYER, analyzing information thoroughly before it is handed over to other professionals, 8 pertaining to BERM STABILIZATION PLAN Exhibit No. FIGURE A (see EXHIBIT D, 9 GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY POINT -

10 BACKGROUND, Page C50 of C180), provided by Tyler McDougal Professional Engineer 11 Operations Engineering Manager; and, CLAIMANT made FINDINGS, pursuant to 2014 Florida 12 Statutes Title XI MUNICIPALITIES Chapter 177 LAND BOUNDARIES 177.36, of 13 MISREPRESENTATION pertaining to "finished product of . . . cross-sections and volume report 14 we (EMPLOYER) generate and submit to client (FPL) for payment (see EXHIBIT D, GATOR -

15 WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY POINT - BACKGROUND, Pages 16 C51 to C58, of C180), that may cause immediate serious danger to the public health, safety, or 17 welfare.

18 19 18.) CLAIMANT performed a particular task assigned by EMPLOYER, analyzing information 20 thoroughly before it is handed over to other professionals, pertaining to BERM STABILIZATION 21 PLAN Exhibit No. FIGURE A (see EXHIBIT D, GATOR - WORK PLAN FOR WEEK OF 22 8/31 TO 8/4 FW: TURKEY POINT - BACKGROUND, Page C50 of C180), provided by Tyler 23 McDougal Professional Engineer Operations Engineering Manager; and, CLAIMANT made 24 FINDINGS of MISREPRESENTATION pertaining to "finished product of . . . cross-sections and Page C32 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 volume report we (EMPLOYER) generate and submit to client (FPL) for payment (see EXHIBIT 2 D, GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY POINT -

3 BACKGROUND, Pages C51 to C58, of C180), for dredge and fill activities in, over, or under 4 waters of the United States that may cause overheating of cooling canals for Turkey Point nuclear 5 reactors located within the existing Turkey Point facility east of Homestead, Florida that poses 6 immediate serious danger to the public health, safety, or welfare; 7

8 CLAIMANT was not able to report directly to Tyler McDougal, Professional Engineer, Operations 9 Engineering Manager, a particular task assigned by EMPLOYER described in the Offer for 10 Employment - Survey Crew Chief, dated August 19, 2015 (see EXHIBIT A, EMPLOYMENT 11 CONTRACT, Page C38 - line 27-28, of 180); and, Tyler McDougal, Professional Engineer, 12 Operations Engineering Manager; did not receive a report of FINDINGS directly by CLAIMANT, 13 analyzing information thoroughly before it is handed over to other professionals, a particular task 14 assigned to CLAIMANT by EMPLOYER, prior to a meeting scheduled for September 4, 2015, 15 16 Friday - Same as Wednesday. *** Some time Wednesday through Friday - we can take a break and 17 meet with Bill Coughlin - Chief Operating Officer - to discuss our findings with RTK system and 18 recommendations on purchase. Based on his input we can agree to purchase the unit or perform 19 more research (see EXHIBIT E, CORRESPONDENCE, Page C162 - line 20-25, of C180).

20 21 CLAIMANT knows the statute and code of the state of Florida, and CLAIMANT believes 22 analyzing information thoroughly before it is handed over to other professionals, a particular task 23 assigned by EMPLOYER, IS NOT misconduct connected with the individual's employment 24 UNDER NMSA 1978 51-1-7A and 51-1-11B.

Page C33 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 19.) CLAIMANT performed a particular task assigned by EMPLOYER, analyzing information 3 thoroughly before it is handed over to other professionals, and CLAIMANT made a report of 4 FINDINGS that equipment selected, purchased, and delivered so it will be available upon your 5 arrival. . . is not a wise approach, to conform with FAC Rule

Title:

Standards of Practice: General 6 Survey, Map, and Report Content Requirements 5J-17.051 Minimum Technical Standards: General 7 Survey, Map, and Report Content Requirements, as follows:

8 9 1. The accuracy of the survey measurements shall be premised upon the type of survey and the 10 expected use of the survey and map.

11 12 CLAIMANT knows the statute and code of the state of Florida, and CLAIMANT believes 13 analyzing information thoroughly before it is handed over to other professionals, a particular task 14 assigned by EMPLOYER, IS NOT misconduct connected with the individual's employment 15 UNDER NMSA 1978 51-1-7A and 51-1-11B; 16 17 20.) CLAIMANT performed a particular task assigned by EMPLOYER, analyzing information 18 thoroughly before it is handed over to other professionals, pertaining to BERM STABILIZATION 19 PLAN Exhibit No. FIGURE A (see EXHIBIT D, GATOR - WORK PLAN FOR WEEK OF 20 8/31 TO 8/4 FW: TURKEY POINT - BACKGROUND, Page C50 of C180), provided by Tyler 21 McDougal, Professional Engineer, Operations Engineering Manager; 22 23 CLAIMANT made a report of FINDINGS that a method of post-dredge survey work in section 1 24 of current differential methods using a range of equipment to produce post-dredge surveys specified Page C34 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 by the EMPLOYER, resulting in MISREPRESENTATION of Turkey Point Nuclear Plant Cooling 2 Canal System "finished product of . . . cross-sections and volume report we (EMPLOYER) generate 3 and submit to client (FPL) for payment" (see EXHIBIT D, GATOR - WORK PLAN FOR 4 WEEK OF 8/31 TO 8/4 FW: TURKEY POINT - BACKGROUND, Pages C51 to C58, of 5 C180), for dredge and fill activities in, over, or under waters of the United States that may cause 6 overheating of cooling canals for Turkey Point nuclear reactors located within the existing Turkey 7 Point facility east of Homestead, Florida, that poses immediate serious danger to the public health, 8 safety, or welfare; and, may require emergency suspension, restriction, or limitation of a license; 9

10 CLAIMANT was not able to report directly to Tyler McDougal, Professional Engineer, Operations 11 Engineering Manager, a particular task assigned by EMPLOYER described in the Offer for 12 Employment - Survey Crew Chief, dated August 19, 2015 (see EXHIBIT A, EMPLOYMENT 13 CONTRACT, Page C38 - line 27-28, of C180); and, Tyler McDougal, Professional Engineer, 14 Operations Engineering Manager; did not receive a report of FINDINGS directly by CLAIMANT, 15 analyzing information thoroughly before it is handed over to other professionals, a particular task 16 assigned to CLAIMANT by EMPLOYER, prior to a meeting scheduled for September 4, 2015, 17 18 Friday - Same as Wednesday. *** Some time Wednesday through Friday - we can take a break and 19 meet with Bill Coughlin - Chief Operating Officer - to discuss our findings with RTK system and 20 recommendations on purchase. Based on his input we can agree to purchase the unit or perform 21 more research (see EXHIBIT E, CORRESPONDENCE, Page C162 - line 20-25, of C180).

22 23 CLAIMANT knows the statute and code of the state of Florida, and CLAIMANT believes 24 analyzing information thoroughly before it is handed over to other professionals, a particular task Page C35 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 assigned by EMPLOYER, IS NOT misconduct connected with the individual's employment 2 UNDER NMSA 1978 51-1-7A and 51-1-11B.

3 4 NOW, CLAIMANT prays the state of NEW MEXICO DEPARTMENT OF WORKFORCE 5 SOLUTIONS APPEALS TRIBUNAL will find: the DETERMINATION is WRONG; 6 CLAIMANT was NOT discharged because of deliberate refusal, without good cause, to perform a 7 particular task assigned to CLAIMANT; the Reasoning and Findings are INCORRECT; and, the 8 Reasoning and Findings are not based on the facts and the law; and 9

10 NOW, THEREFORE, CLAIMANT prays the state of NEW MEXICO DEPARTMENT OF 11 WORKFORCE SOLUTIONS APPEALS TRIBUNAL will find the CLAIMANT eligible to 12 received benefits, beginning 9/1/2015.

13 14 RESPECTFULLY SUBMITTED, 15 16 / SIGNED 17 18 ANDREW DeSALVO 19 Claimant Id: 8650254 20 DATE: November 5, 2015 21 Page C36 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 3

4 5

6 EXHIBIT A 7 EMPLOYMENT CONTRACT 8

Page C37 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

13630 50TH WAY NORTH CLEARWATER, FLORIDA 33760 2

3 OFFICE: 727-527-1300 FAX: 727-527-1303 www.gatordredging.com 4

5 6

7 8

9 10 11 August 19, 2015 12 13 14 15 Andrew DeSalvo 16 17 18 Re: Offer of Employment - Survey Crew Chief 19 20

Dear Mr. DeSalvo:

21 22 Waterfront Property Services, LLC (dba Gator Dredging) wishes to extend the following Offer of 23 Employment. We are impressed with your skills and experience. We believe that you would help 24 sustain our reputation for professional and technical excellence. It is within that context that Gator 25 Dredging wishes to confirm the following Offer of Employment:

26 27 1. We offer you the position of Survey Crew Chief in our Clearwater, Florida office reporting 28 directly to Tyler McDougal, P.E. - Operations Engineering Manager.

29 2. Job duties include: Managing the following: Field stake-out of construction controls, 30 gathering of data on the earths physical and man-made features through surveys. Using a 31 range of equipment to produce surveys, including GPS and conventional methods.

32 Interpreting data using maps, charts and plans. Performing related work as required.

33 Extensive travel and overtime may be directed. Will work with the Professional Engineer 34 and Certified Equipment personnel (PLS provided by GPS provider) to set up data 35 collection and electronic file transfer procedures.

36 3. Gator Dredging will provide three (3) days of motel reimbursement expense and per diem at 37 $30.00 for the trip from Seattle, WA to Homestead, Fl. Lodging and per diem will be 38 provided upon your arrival in Homestead. Mileage reimbursement for travel from current 39 location to Clearwater, Florida estimated at $0.42/mile @ 3,100 miles = $1,260.

40 4. Planned equipment for your use: A New RTK system you can spec for your use, new high 41 end laptop for quality performance, dedicated survey truck for your use or proper car 42 allowance.

43 5. Your starting base hourly rate is offered at $25.00 hourly.

44 6. A probationary performance review will be conducted on the 90th day of employment with 45 evaluation for adherence to required work production.

46 7. Additional Performance Reviews will be conducted annually with a review for potential wage 47 rate increase.

Page C38 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 8. Individual medical, life and long term disability insurance, is offered by the firm based on 2 current health plan offered by the Company. Health care benefits are available 90 days after 3 hire date.

4 9. Annual vacation of 80 hours9.259259e-4 days 0.0222 hours 1.322751e-4 weeks 3.044e-5 months , accrued on a weekly basis (cannot be used until one year from 5 hire date).

6 10. Annual sick leave of 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months , accrued on a weekly basis (cannot be 7 used until one year from hire date).

8 11. Paid Holidays for those company recognized holidays are included.

9 12. Participation in a future company profit sharing and bonus plan established by the firm, 10 which is based on the performance of the individual and the company, as determined by the 11 office managers and partners.

12 13. Specific management approved technical classes will be paid by the company.

13 14. We would like to offer a start date of August 31st, 2015.

14 15 Please be advised that Gator Dredging is a Drug Free Workplace and you will be required to take a 16 drug test prior to employment with negative drug use results. A clear criminal background check is 17 required for employment.

18 19 Compliance with the Immigration Reform and Control Act requires this offer be based upon your 20 ability to satisfactorily complete the Immigration Form I-9, and we are confident you will be a 21 valuable addition to our staff and you will be able to obtain the type of experience that will be 22 challenging and will provide a growth environment for you. Please call me if you have any 23 questions.

24 25 Please acknowledge you acceptance of this offer by signing below.

26 27 Very truly yours, 28 29 30 31 32 William J. Coughlin III 33 Managing Member 34 35 Accepted by:

36 37 38 39 ___________________________________ _______________

40 Andrew DeSalvo Date 41 42 Employment is a mutual consent of the employee and Gator Dredging and can be terminated at will 43 any time for any reason by the employee or Gator Dredging.

44 45 Page C39 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 3

4 5

6 EXHIBIT B 7 JOB DESCRIPTION 8

Page C40 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 WATERFRONT 13630 50th Way North PROPERTY SERVICES, Clearwater, FL 33760 LLC.

Surveyor Crew Chief 1

2 3 JOB PURPOSE: The selected candidate is responsible for:

4 The collection of all technical field information related to engineering/surveying for the operations department.

5 6 KEY RESPONSIBILITIES:

7 Managing the following:

8 Field stake-out of construction controls 9 Performing and/or overseeing pre-, progress and post-dredge surveys.

10 Survey equipment management/repair/maintenance.

11 Survey equipment inventory/replacement/acquisition.

12 Training sub-professional, technical, and clerical personnel, as required.

13 Performing related work as required.

14 Providing assistance & support to sales, marketing, engineering & bid/estimating personnel as required.

15 Gathering data on the earths physical and man-made features through surveys.

16 Using a range of equipment to produce surveys, including GPS and conventional methods.

17 Analyzing information thoroughly before it is handed over to other professionals.

18 Interpreting data using maps, charts and plans.

19 Using computer-aided design (CAD), hydrographic survey (HYPACK) and other IT software to interpret data 20 and present information.

21 Keeping up to date with new and emerging technology.

22 23 DESIRED KNOWLEDGES, ABILITIES, AND SKILLS:

24 Knowledge of principles and practices of the assigned area of surveying.

25 Knowledge of developments and information in assigned field of surveying.

26 Ability to learn to plan, design, and review the work of others.

27 Ability to read and interpret engineering plans, and specifications.

28 Ability to analyze surveying data and draw sound conclusions.

29 Ability to develop skill in the use and care of surveying tools.

30 Ability to establish and maintain effective working relationships with other employees, officials, and the general 31 public.

32 33 QUALIFICATIONS: Graduation from an accredited college or university with a bachelors degree in geodetics /

34 surveying / engineering preferably related to the area of assignment is preferred.

35 36 PRIOR EXPERIENCE: Three (3) years of working experience in marine construction field operations.

37 38 LICENSES/CERTIFICATES: Possession of a valid Florida Drivers license.

39 40 EXAMINATION: Evaluation of training and experience. Drug testing is included in all pre-employment medical 41 examinations.

42 Employee selected must have character suitable for this position. A background investigation will be conducted on 43 the candidate selected for employment.

44 Page C41 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 3

4 5

6 EXHIBIT C 7 TRAVEL EXPENSES FOR REIMBURSEMENT Page C42 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

Andrew DeSalvo Travel Expenses For Reimbursement Motel: $164.25 (South Dakota, Georgia, Florida)

Per Diem (12 Days) $360.00 (Travel from Settle, WA to Mileage (3372 mls) $1,416.24 Homestead, FL)

Payroll (20.5 hrs) $512.50 Total Due $2,452.99 2

3 Page C43 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 3

4 5

6 EXHIBIT D 7 GATOR - WORK PLAN FOR WEEK OF 8/31 TO 8/4 FW: TURKEY POINT -

8 BACKGROUND Page C44 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 3 File:A - SECTION 1 OVERVIEW MAP (24 X 36).pdf Page C45 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File:turkey point - overview.pdf Page C46 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File:turkey point ramp and benchmark.pdf Page C47 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File:LM 13 316.pdf Page C48 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File:LM 13 316.pdf Page C49 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File:CONTRACT EXHIBIT - FIGURE A 31-2015.pdf Page C50 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 3 File: S01_C05W_CS_38+00 to 49+00.pdf Page C51 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: S01_C05W_CS_38+00 to 49+00.pdf Page C52 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: S01_C05W_CS_38+00 to 49+00.pdf Page C53 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: S01_C05W_CS_38+00 to 49+00.pdf Page C54 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: S01_C05W_CS_38+00 to 49+00.pdf Page C55 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: S01_C05W_CS_38+00 to 49+00.pdf Page C56 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: S01_C05W_CS_38+00 to 49+00.pdf Page C57 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: S01_C05W_CS_38+00 to 49+00.pdf Page C58 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File:S01_C05W_VOL_38+00 to 49+00.pdf Page C59 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File:S01_C05W_VOL_38+00 to 49+00.pdf Page C60 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File:022482-2230B_TrimbleTablet_DS_0713_LR.pdf Page C61 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File:022482-2230B_TrimbleTablet_DS_0713_LR.pdf Page C62 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File:022482-1623D-4_Trimble Marine Solutions_BRO_0315_LR (1).pdf Page C63 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File:022482-1623D-4_Trimble Marine Solutions_BRO_0315_LR (1).pdf Page C64 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File:022482-1623D-4_Trimble Marine Solutions_BRO_0315_LR (1).pdf Page C65 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: 022482-1623D-4_Trimble Marine Solutions_BRO_0315_LR (1).pdf Page C66 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: 022482-2331A-2 Datasheet - SCS900 Site Controller Software.pdf Page C67 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: 022482-2331A-2 Datasheet - SCS900 Site Controller Software.pdf Page C68 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 3 File: CardSound_FL_DGPS_OA_June2013.pdf Page C69 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: CardSound_FL_DGPS_OA_June2013.pdf Page C70 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: CardSound_FL_DGPS_OA_June2013.pdf Page C71 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: CardSound_FL_DGPS_OA_June2013.pdf Page C72 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: DREDGEPACK_Brochure.pdf Page C73 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 File: DREDGEPACK_Brochure.pdf Page C74 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 3

4 5

6 EXHIBIT E 7 CORRESPONDENCE 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page C75 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Gator Dredging - Employment Application & Drug Free Workplace Policy 2 Thursday, August 13, 2015 3:04 PM 3 From:

4 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

5 To:

6 "andrew.desalvo@yahoo.com" <andrew.desalvo@yahoo.com>

7 4 Files 8 2 MB 9 Download All 10 11 JPG 12 image003.jpg 13 7KB 14 Save 15 16 17 PDF 18 ONLINE-DRUG-FREE WORKPLACE ACK.pdf 19 538KB 20 Save 21 22 23 PDF 24 ONLINE-DRUG-FREE WORKPLACE POLICY.pdf 25 823KB 26 Save 27 28 29 PDF 30 ONLINE-Application for Employment.pdf 31 715KB 32 Save 33 34

Dear Applicant,

35 36 Thank you for your interest in employment with Gator Dredging. We are required by law to inform 37 you at the time of application that we are a drug free workplace.

38 39 Gator Dredging does require applicants to maintain a valid Drivers License.

40 41 The Employment Application must be completed in its entirety.

42 43 Please read, initial and sign where indicated on the attached Drug-Free Workplace Policy 44 acknowledging your receipt of the policy.

45 46 You may email, mail, fax (#727-499-9890), or return in person your completed Employment 47 Application and your signed Drug-Free Workplace Acknowledgement.

48 Page C76 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 If you have any questions please do not hesitate to contact me.

2 3 EMAIL:

4 To Return your Employment Application & Drug-Free Workplace Acknowledgement via Email 5 from the Adobe Reader Program:

6 (1) Go to FILE 7 (2) Go to ATTACH TO EMAIL 8

9 Thank you and will look forward to hearing from you.

10 11 Christy L. Vanderpool 12 Office Manager 13 Gator Dredging 14 13630 50th Way N 15 Clearwater, FL 33760 16 Phone: 727-527-1300 17 Fax: 727-499-9890 18 Email: christy@gatordredging.com 19 Website: www.gatordredging.com Page C77 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Survey Crew Chief 2 Thursday, August 13, 2015 3:05 PM 3 From:

4 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

5 To:

6 "andrew.desalvo@yahoo.com" <andrew.desalvo@yahoo.com>

7 2 Files 8 360KB 9 Download All 10 11 JPG 12 image001.jpg 13 7KB 14 Save 15 16 17 DOC 18 Surveyor Crew Chief (Revised).doc 19 353KB 20 Save 21 22 23 24 25 Christy L. Vanderpool 26 Office Manager 27 Gator Dredging 28 13630 50th Way N 29 Clearwater, FL 33760 30 Phone: 727-527-1300 31 Fax: 727-499-9890 32 Email: christy@gatordredging.com 33 Website: www.gatordredging.com Page C78 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Andrew DeSalvo Fw: Survey Crew Chief 2 Thursday, August 13, 2015 3:20 PM 3 From:

4 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

5 To:

6 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

7 2 Files 8 360KB 9 Download All 10 11 JPG 12 image001.jpg 13 7KB 14 Save 15 16 17 DOC 18 Surveyor Crew Chief (Revised).doc 19 353KB 20 Save 21 22 Seattle WA 23 24 August 13, 2015 25 26 Christy L. Vanderpool Office Manager 27 Gator Dredging 28 13630 50th Way N 29 Clearwater, FL 33760 30 Phone: 727-527-1300 31 Fax: 727-499-9890 32 Email: christy@gatordredging.com 33 Website: www.gatordredging.com 34 35 from the desk of Andrew DeSalvo 36 37

SUBJECT:

Survey Crew Chief 38 39 Andrew DeSalvo 40 telephone: (206)579-5021 41 andrew.desalvo@yahoo.com 42 43 To whom it may concern; / Dear Christy 44 45 Thanks for the opportunity to present a letter of introduction and resume for your consideration, 46 for the Land Surveyor position.

47 48 I am a former resident of Tarpon Springs, FL.

Page C79 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 I am available to travel within forty eight hours of transmittal of your offer for employment; and, I 3 can begin work within forty eight hours of arrival on site.

4 5 My primary responsibility is to make exact measurements using surveying instruments to determine 6 property boundary, shape, contour, location, elevation, or dimension of land and features on the 7 surface of the earth for engineering, map making, land evaluation, construction, and other purposes.

8 9 I have training and experience necessary to stake construction projects at a very high rate of 10 production, and to inspect construction projects (as built) using engineering drawings, CAD 11 software, and robotic surveying instruments.

12 13 I record survey measurements and descriptive data using notes, drawings, and sketches; position and 14 hold optical targets to measure angle, distance, and elevation; position and hold rods for bench mark 15 and cross-section elevations; and search for section corners, property corners, and traverse points.

16 17 I operate surveying instruments and measuring equipment including robotic total station; data 18 collectors; spirit and laser levels; steel tapes; target rods; Philadelphia rods; and leveling rods.

19 20 I have experience directly applicable to your requirements for PRIOR EXPERIENCE, as follows:

21 22 BATHYMETRIC/HYDROGRAPHIC 23

City of Bellevue, WA - Lake Washington: bottom position, elevation, and location for subsurface 24 utility pipeline.

25 26 ELEVATION CERTIFICATE 27

Town of Cortlandt, Village of Buchanan, NY - vertical control survey (third order) differential 28 level method; Federal Emergency Management Agency (FEMA) Elevation Certificate (EC); project 29 elevation: 39 feet above sea level.

30 31 ENERGY 32 33

Mississippi Canyon Block 252 Macondo Wellbore - as a Constituent Services Intern for the Office 34 of Congressman Scott Murphy (NY-20); an investigation of existing sources of information for 35 Eastern Gulf of Mexico Planning Area Lease Sale 224 Information included a small part of the 36 Eastern Gulf of Mexico Planning Area, more than 125 miles off the Florida coast and completely 37 west of the Military Mission Line: initial exploration plan; final bid recap; blocks and active leases by 38 planning area; oil spill financial responsibility; Congressional findings on accounting with respect to 39 royalties on oil and gas; Department of the Interior Departmental Manual; Part 118: Minerals 40 Management Service Chapter 1: Creation, Objectives, and Functions; mc252 macondo well bore 41 diagram and map; schematics, pressure tests, diagnostic results and other data about the 42 malfunctioning blowout preventer.

43 44

Operation Gasbuggy, T 29 N. R 4 W New Mexico Principal Meridian, Rio Arriba County, New 45 Mexico - independent investigation of existing sources of information for well logs (including 46 nuclear explosive emplacement/reentry well) for the first underground nuclear experiment for the 47 stimulation of low-productivity gas reservoirs by U.S. Atomic Energy Commission, U.S. Department 48 of the Interior (Bureau of Mines), and El Paso Natural Gas Company.

Page C80 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 Please call (206)579-5021 to schedule an interview. I look forward to a discussion of your specific 3 requirements for the position.

4 5 Yours sincerely, 6

7 / SIGNED 8

9 Andrew DeSalvo 10 11 enclosure: resume 12 13 Andrew J. DeSalvo telephone: 206.579.5021 andrew.desalvo@yahoo.com 14 15 SURVEYING TECHNICIAN 16 17 Provide data relevant to the shape, contour, gravitation, location, elevation, or dimension of land or 18 features on or near the surface of the Earth for engineering, map making, mining, land evaluation, 19 construction, and other purposes. Make exact measurements and determine property boundaries.

20 21 EXPERIENCE 22 23 2003 to present- field party chief; instrument operator; and rod man. Accurate Survey, Albuquerque, 24 NM; Baseline Engineering, Tacoma WA; TEC Civil Engineering Consultants, Reno, NV; Industrial 25 Contract Services, Grand Forks ND; Perteet Inc., Everett WA; Gilson Engineering, Draper UT; 26 CTS, Bellevue, WA; Harlan King, Reno, NV; Adel Construction Co., Newark, DE; Surveys 27 Southwest, Albuquerque NM 28 29 DISTINGUISHING CHARACTERISTICS 30 31

Exercise of judgment to determine the best approach to data collection in field operations, without 32 immediate access to a professional land surveyor (PLS) and professional engineer (PE).

33

Use of civil engineering, architectural, and land surveying rules, procedures, and manuals.

34

Read engineering and architectural drawings, and record field notes using drafting standards.

35 36 ESSENTIAL TASKS 37 38

American Land Title Association (ALTA) survey; property boundary survey; research of legal 39 description, deed, and plat; 40

Global Positioning System - static, differential (DGPS), and real-time kinetic (RTK) field 41 techniques.

42

Coordinate geometry (COGO); triangulation; trilateration; resection for LiDAR orientation 43 system.

44

Construction staking; station and offset for center-line control; slope staking; topographic survey.

45

Hydrographic and bathymetric survey; wetlands survey; aerial orthometric photogrammetry.

46 47 HARDWARE 48 Page C81 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

Spirit level, laser level, and digital level; Philadelphia rod, plumb bob; steel tape; target rod.

2

Hand-held peripheral data collector; wireless peripheral data collector for robotic total station.

3

Total station: Trimble; Leica; Pentax; Nikon; Topcon 4

NAVSTAR Global Positioning Systems: Leica; Trimble; Topcon.

5 6 SOFTWARE 7

8

Autodesk AutoCAD Land Desktop and Civil 3D; ESRI ArcGIS; Carlson Survey 2013; Tripod 9 Data Systems (TDS) Spectra Precision Survey Pro; Trimble Access for General Survey; Trimble 10 Survey Controller Data Collection Software; Topcon TopSURV 8; Leica LISCAD Surveying &

11 Engineering Software; Pentax FieldGenius 2012; Bentley MicroStation.

12

Earth Gravitational Models (EGM96, EGM08); Global Navigation Satellite System (GLONASS);

13 Digital Elevation Model (DEM) 7.5-minute series; Digital Terrain Models (DTM); Digital Line 14 Graphs (DLG).

15 16 ENVIRONMENT 17 18

Metes and bounds cadastral system; Public Land Survey System (PLSS).

19

Remote sites; travel for extended periods; extreme altitude; all weather bivouac (110F to -20F).

20

Pack forty pounds; walk, stand, and bend for extended periods; all terrain.

21

Maritime - onshore; offshore; piloting and seamanship on boats from 8 feet to 135 feet length over 22 all.

23

Navigation: dead reckoning; celestial navigation; tide and current data.

24 25 EDUCATION and TRAINING 26 27

Central New Mexico School of Applied Technologies ; course in Autodesk Land Desktop (LDT) 28 2007; create and edit point data, parcel area computations, and boundary information.

29

Villanova University Bachelor of Science; courses in calculus, computer science, statistics, 30 construction engineering, management, public speaking, composition, logic, navigation, 31 meteorology, plane surveying.

32 33 AWARDS 34 35 Delaware Department of Transportation DOT award; Delaware Department of Transportation 36 Construction Excellence Award; Small Business Administration Research Advocate (2003)-New 37 Mexico District.

38 39 PRIME CONTRACTS:

40 41 ENERGY 42

Mid American Energy Center, Council Bluffs, IA - pipeline: reconnaissance of Public Land Survey 43 System monuments and recovery of survey control monuments for location of centerline station 44 and offset.

45

New York State Electric and Gas, Somers, NY - right-of-way: retracement of control survey for 46 three phase alternating current (AC) overhead power transmission lines.

47

Mississippi Canyon Block 252 Macondo Wellbore - as a Constituent Services Intern for the Office 48 of Congressman Scott Murphy (NY-20); an investigation of existing sources of information for Page C82 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Eastern Gulf of Mexico Planning Area Lease Sale 224 Information included a small part of the 2 Eastern Gulf of Mexico Planning Area, more than 125 miles off the Florida coast and completely 3 west of the Military Mission Line: initial exploration plan; final bid recap; blocks and active leases by 4 planning area; oil spill financial responsibility; Congressional findings on accounting with respect to 5 royalties on oil and gas; Department of the Interior Departmental Manual; Part 118: Minerals 6 Management Service Chapter 1: Creation, Objectives, and Functions; mc252 macondo well bore 7 diagram and map; schematics, pressure tests, diagnostic results and other data about the 8 malfunctioning blowout preventer.

9

Industry Steering Committee on Wellbore Survey Accuracy (ISCWSA) - independent investigation 10 of existing sources of information pertaining to efforts to dispel the confusion and secrecy currently 11 associated with wellbore surveying and to enable the industry to produce consistent, reliable 12 estimates of performance for wellbore survey tools.

13

Operation Gasbuggy, T 29 N. R 4 W New Mexico Principal Meridian, Rio Arriba County, New 14 Mexico - independent investigation of existing sources of information for well logs (including 15 nuclear explosive emplacement/reentry well) for the first underground nuclear experiment for the 16 stimulation of low-productivity gas reservoirs by U.S. Atomic Energy Commission, U.S. Department 17 of the Interior (Bureau of Mines), and El Paso Natural Gas Company.

18 19 SUBDIVISION 20

Heritage Hills Condominiums, Somers, NY - a subdivision: control survey retracement, 1100 21 acres.

22

Washoe County, NV - various subdivisions: control survey; station and offset for centerline 23 control; GPS construction staking for placement of utilities, curb, gutter, and sidewalk; total length 24 in excess of 15 miles; (PLSS).

25

Brenford Station, Smyrna, DE - a subdivision: control survey and retracement.

26 27 WETLANDS AND SPECIAL HABITAT 28 *Ice Pond Corporation, Patterson, NY - a habitat area of special significance: control survey 29 retracement, 110 acres.

30 31 MINING 32

Port of Seattle, WA Seattle-Tacoma International Airport third runway fill embankment - mine 33 survey: monitor position of hinge point and catch point for cut slope of off-site borrow pits; volume 34 16.5 million cubic yards.

35 36 BATHYMETRIC/HYDROGRAPHIC 37

City of Bellevue, WA - Lake Washington: bottom position, elevation, and location for subsurface 38 utility pipeline.

39 40 RAILROAD 41

Cumbres and Toltec Scenic Railroad Commission, CO/NM - railroad profile: research and budget 42 estimate for track alignment, replacement of rail ties (30,000) and ballast (46,000 tons) - Americas 43 Longest & Highest Narrow Gauge Railroad; historic and cultural property; length of project: 59 44 miles, elevation 9000 feet; (PLSS).

45 46 BRIDGE 47

State of New York Department of Transportation, Region Eight, Poughkeepsie, NY - Peekskill 48 Hollow Road, Putnam Valley Road Design Improvement Project (CR21): as-built survey for bridge; Page C83 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 length of project: 2.5 miles.

2 3 PUBLIC PROPERTY 4

US Bureau of Land Management, Taos Resource Area, NM - National Environmental Protection 5 Act (NEPA) Environmental Assessment (EA) reconnaissance survey with field notes; size of subject 6 lands: 640 acres; (PLSS).

7

Bernalillo County Metropolitan Courthouse, Albuquerque, NM - as-built survey; size of structure:

8 244,000 square feet with nine floors.

9

Snohomish County Public Works, WA Cathcart Maintenance Facility - construction staking for 10 placement of building, traffic control, utility and storm drainage, cut and fill, sub grade.

11 12 ELEVATION CERTIFICATE 13

Town of Cortlandt, Village of Buchanan, NY - vertical control survey (third order) differential 14 level method; Federal Emergency Management Agency (FEMA) Elevation Certificate (EC); project 15 elevation: 39 feet above sea level.

16 17 HIGHWAY 18

Porcupine Forest Road Repair, a super - elevated roadway project situated in the US Department 19 of the Interior National Park Service Denali Park and Preserve, Denali Borough, AK, and designed 20 by CH2MHill for the US DOT Federal Highway Administration Western Federal Lands Division -

21 examination of plans for proposed project and existing sources of information for survey control 22 data, center line, and profile. Length of project: 1.692 miles.

23

Bothell Crossing, WA - aerial photogrammetric topographical survey: vertical control survey 24 monument recovery; placement of targets for aerial photography.

25

City of Everett, WA Evergreen Way - control survey retracement; recover property boundary 26 monuments; as-built survey for road profile and sub-surface utility location, on-street traffic 27 equipment 28

City of Woodenville, WA SR202 / NE 177TH Place Improvements- (high traffic volume):

29 WashDOT vertical control survey (third order) differential level method, GPS control survey 30 retracement, elevation survey, railroad crossing survey, overhead utility location, curb, gutter, and 31 sidewalk location, road profile 32

DelDOT Lancaster Pike, Hockessin, DE - DelDOT triangulated control survey (third order) 33 retracement; vertical control survey (order G - general) differential level method; DelDOT 34 monument recovery; construction staking for placement of curb, gutter, and sidewalk.

35

DelDOT SR141, Wilmington , DE - DelDOT triangulated control survey (third order) 36 retracement; construction staking for placement of curb, gutter, and sidewalk.

37

DelDOT SR141 and SR 100, Wilmington, DE (DOT Award) - DelDOT triangulated control 38 survey (third order) retracement; construction staking for placement of underground utilities, curb, 39 gutter, and sidewalk.

40

DelDOT SR141 and Rockland Road, Wilmington, DE (Construction Excellence Award) -

41 DelDOT triangulated control survey retracement; construction staking for placement of 42 underground utilities, curb, gutter, and sidewalk.

43

DelDOT SR1 AND SR1A, Rehoboth Beach, DE - (high traffic volume): DelDOT triangulated 44 control survey (third order) retracement; station and offset centerline control. Length of project: 3.5 45 miles.

46 47 SPECIAL SITUATIONS 48

455th ECE Engineering Services Support, at Bagram Air Field, Afghanistan - examination of plans Page C84 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 for proposed project and existing sources of information for surveys, maps, and geodetic 2 monuments set by the US Government for horizontal and vertical control. KS International 3 (Sallyport Global) subcontract under URS Corporation prime contract with the US Airforce 4 Contract Augumentation Program (AFCAP) rapid response contingency contract for US 5 Government entities needing urgent assistance.

6 7

Deputy Undersecretary of Defense for Business Transformation Task Force to Support Improved 8 Department of Defense (DoD) Contracting and Stability in Iraq - examination of plans for 9 proposed project and existing sources of information for reconstruction using the Iraqi Geospatial 10 Reference System (IGRS) based on Continuously Operating Reference Stations (CORS) to support 11 differential global positioning system (DGPS) techniques, and a high accuracy reference network 12 (HARN) with control stations.

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Boat Operator (Homestead) Re: Gator Dredging - Employment Application & Drug Free 2 Workplace Policy 3 Friday, August 14, 2015 10:41 AM 4 From:

5 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

6 To:

7 andrew.desalvo@yahoo.com 8 3 Files 9 2 MB 10 Download All 11 12 PDF 13 ONLINE-DRUG-FREE WORKPLACE POLICY.pdf 14 795KB 15 Save 16 17 18 PDF 19 ONLINE-Application for Employment.pdf 20 732KB 21 Save 22 23 24 PDF 25 ONLINE-DRUG-FREE WORKPLACE ACK.pdf 26 498KB 27 Save 28 29 Christy L. Vanderpool Office Manager 30 Gator Dredging 31 13630 50th Way N 32 Clearwater, FL 33760 33 Phone: 727-527-1300 34 Fax: 727-499-9890 35 Email: christy@gatordredging.com 36 Website: www.gatordredging.com 37 38 from the desk of Andrew DeSalvo 39 40

SUBJECT:

Boat Operator (Homestead) 41 42 To whom it may concern; 43 44 I am interested in the Boat Operator (Homestead) position. I recently completed a Criminal 45 Offender Record Investigation.

46 47 I worked this summer at GLACIER PARK NATIONAL PARK SERVICE COMPLEX, Rising 48 Sun on St. Mary Lake, West Glacier, MT. I was trained as boat captain operating launches 45 feet Page C86 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 length over all.

2 3 I am accustomed to extreme WORK ENVIRONMENTS, including Remote sites; travel for 4 extended periods; extreme altitude; all weather bivouac (110F to -20F); lift 100 pounds; pack forty 5 pounds; walk, stand, and bend for extended periods.

6 7 Please call me at (206)579-5021 to schedule an interview, at your earliest convenence.

8 9 Yours sincerely, 10 11 ANDREW DeSALVO 12 (206)579-5021 13 andrew.desalvo@yahoo.com 14 15 enclosure: resume 16 17 Andrew J. DeSalvo telephone: (206)579-5021 andrew.desalvo@yahoo.com 18 19 SAILING COACH; SAILING INSTRUCTOR 20 21 ESSENTIAL TASKS- SAILING 22

sailing instructor of beginner, intermediate, and advanced sailing courses; cruising courses; racing 23 courses 24

Steer and operate vessels, using radios, depth finders, radars, lights, buoys, or lighthouses.

25

Compute positions, set courses, and determine speeds, using charts, area plotting sheets, 26 compasses, sextants, and knowledge of local conditions.

27

Inspect vessels to ensure efficient and safe operation of vessels and equipment and conformance 28 to regulations.

29

Measure depths of water, using depth-measuring equipment.

30

Direct or coordinate crew members or workers performing activities such as loading or unloading 31 cargo, steering vessels, operating engines, or operating, maintaining, or repairing ship equipment.

32

Monitor the loading or discharging of cargo or passengers.

33

Calculate sightings of land, using electronic sounding devices and following contour lines on 34 charts.

35

Signal passing vessels, using whistles, flashing lights, flags, or radios.

36

Maintain boats or equipment on board, such as engines, winches, navigational systems, fire 37 extinguishers, or life preservers.

38

Signal crew members or deckhands to rig tow lines, open or close gates or ramps, or pull guard 39 chains across entries.

40 41 EXPERIENCE 42 43

SAILING INSTRUCTOR (2015 summer season) CITY OF SEATTLE MT. BAKER SAILING 44 CENTER. Courses of Instruction: Mount Baker High School Sailing Team; Summer Racing - Fun 45 Friday Night Racing; Sunday Open Sailing; Youth Sailing Camp - ALL skill levels (ages 10-18).

46 Requirements: experience in sailing; strong communication and teamwork skills; First Aid/CPR 47 certification; passed criminal background check. Vanguard 15, length 15.09 ft., beam 5.60 ft., draft Page C87 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 3.28 ft, sail area 77.50 sq. ft.. weight 190 lbs. Laser, length 13.78 ft., beam 4.56 ft., draft 2.62 ft, sail 2 area 75.99 sq. ft.. weight 130 lbs.

3 4

ASSISTANT MANAGER (2015 pre-season) GLACIER PARK BOAT COMPANY. GLACIER 5 PARK NATIONAL PARK SERVICE COMPLEX, Rising Sun on St. Mary Lake, West Glacier, 6 MT. Trained as LIMITED MASTER waters onshore interpretive boat captain and Assistant 7 Manager working a cash register selling tickets, renting small watercraft (kayaks, canoes, rowboats, 8 and motor boats), and leading short guided hikes.

9 10

Hudson River Sloop Clearwater, Inc., Kingston, NY. Apprentice (2015 winter season).

11 Responsible for maintenance tasks, including sanding, painting, varnishing, cleaning, organizing, 12 moving wood, and various small carpentry projects including removal and replacement of wooden 13 boom (60 ft length) under the direction of maintenance coordinator. Clearwater, Length: 106 ft (32 14 m) overall; Beam: 25 ft (7.6 m); Draft: 8 ft (2.4 m); Propulsion: sail; auxiliary engine; Sail plan:

15 mainsail, main topsail, jib, 4305 sq ft. (387.5 m²) total sail area. Architect: Cyrus Hamlin; Builder:

16 1968, Harvey Gamage Shipyard, South Bristol, Maine.

17 18 *NATIONAL PARK SERVICE NORTH CASCADES COMPLEX, Stehekin, WA. GUIDE (2014 19 summer season) Stehekin Fishing Adventures, special-use authorization permit holder on Lake 20 Chelan. Operating small boat with outboard motor, fishing for kokanee, trout, and king salmon.

21 Responsible for care of equipment, meeting clients, and promoting lake trips. On call guide for fly 22 fishing walk and wade, and river float trips.

23 24

Chesapeake Bay Maritime Museum St. Michaels, MD - Head Sailing Instructor (summer 2013 25 season). Responsible for planning and executing the sailing program; supervise and participate in 26 instruction of basic, intermediate, and advanced classes; manage two assistant sailing instructors and 27 one volunteer launch operator; establish reliable, enthusiastic presence with good judgment and 28 leadership; effective use of parents and volunteers; physically assist students in launching, rigging 29 and storing boats; ensure a safe, organized, and educational waterfront and fleet; preparation, 30 planning and daily review of sailing instructions, notice to mariners, and report of program 31 attendance.

32 33

Atlantic Class Association Rules Committee, Stamford CT - public relations specialist. Engage in 34 promoting or creating an intended public image for one design amateur yacht racing association.

35 Confer with production or support personnel to produce or coordinate production of cable 36 television coverage of national championship regatta. Write or select material for release to various 37 communications media. Study the objectives, promotional policies, or needs of organizations to 38 develop public relations strategies that will influence public opinion or promote ideas, products, or 39 services.

40 41

Croton Sailing School, Croton, NY - sailing instructor. Rainbow Class, designed for the Annapolis 42 Sailing School in 1961. (Sparkman & Stephens, naval architects.) LOA: 242, LWL: 173, Beam:

43 63, Draft: 36, displacement: 2,200 lb., ballast 1,100 lb. (cast iron), Hull: Fiberglass, Sail Area: 214 44 sq. ft. Sail Inventory: Main, Storm Jib, 2 Genoa jibs and Spinnaker. Fabricate, set up, and repair 45 rigging, cradle supporting structures, hoists, and pulling gear, using hand and power tools.

46 47

Ole M. Amundsen, Inc., Greenwich CT - rigger; painter. Set up or repair rigging for boats up to 30 48 feet length over all; operate, maintain, or repair equipment, such as winches, cranes, derricks; handle Page C88 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 lines to moor vessels to docks, to moor docks and floats, or to rig towing lines; match color 2 specifications or original colors, then stir and thin the paints, using spatulas or power mixing 3 equipment; sand surfaces between coats of paint or primer to remove flaws and enhance adhesion 4 for subsequent coats; remove accessories from boats and mask other surfaces with tape or paper in 5 order to protect them from paint.

6 7 GUIDE; RECREATION INSTRUCTOR 8

9

GUEST SERVICE REPRESENTATIVE (2013-2014 season) SKI SANTA FE, Santa Fe, NM.

10 Present group sales and guest services information, including upcoming events, frequent user 11 benefits, lodging and dining facilities, conditions report, and mountain sports activities. Provide a 12 variety of lift tickets, lessons and workshops. Assist with planning for events, accommodations, 13 dining, arts and culture.

14 15

MUSEUM EDUCATOR, TOUR OFFICE ASSISTANT (2014 fall season) GEORGIA 16 O'KEEFFE MUSEUM - Abiquiu Home, Santa Fe, NM. Collaborate and consult with the Tour 17 Office Coordinator, provide support for the day-to-day operations, process, procedure and systems.

18 Schedule tours by internet, phone, and customer contact. Engage with visitors in a positive manner.

19 Work with colleagues to implement program and activities. Provide support to Director of Historic 20 Properties. Customer facing experience, cash handling experience, office administration, operate 21 computer sales program and Blackbaud ticketing program.

22 23 *GUIDE (2014 summer season) NORTH CASCADES NATIONAL PARK SERVICE 24 COMPLEX, Stehekin, WA. Operating small boat with outboard motor for Stehekin Fishing 25 Adventures, special-use authorization permit holder on Lake Chelan, fishing for kokanee, trout, and 26 king salmon. Responsible for care of equipment, meeting clients, and promoting lake trips. On call 27 guide for fly fishing walk and wade, and river float trips.

28 29 Chadds Ford Historical Society, Chadds Ford, PA - guide (2014 spring season) tours of historic John 30 Chads and Barns-Brinton house museums on Brandywine Battlefield, regarding 18th century ways 31 of life, and 18th century crafts for demonstration purposes, including wood-fired cookery. Research 32 project pertaining to capital improvement and conservation easements, with guidance and task 33 assignment from Executive Director and Education Coordinator.

34 35 Terrapin Adventures, Savage MD - guide (2013 fall season); completed a challenge course training 36 program and worked as a challenge course guide, with knowledge of equipment, courses, geography, 37 geology, history, ecology, and wildlife of the area. Duties & Responsibilities: Lead guests on tours 38 including zip lines, climbing wall, challenge course, hiking, fishing, geo-caching, team building 39 of both youth and adult groups.

40 41 Action Adventures, Montrose CO - guide (August, 2013) Scouting and camping in the 42 Uncompahgre Wilderness; prepare meals for clients; pack-in and setup camps; strike and pack-out 43 camps; daily camp chores.

44 45 Silverleaf Resorts Lee, MA - recreational assistant (summer 2012 season). Responsible for watching 46 the pools while members swim and maintain the cleanliness of the pool area. Conduct recreation 47 activities with groups. Organize and promote activities, such as arts and crafts, sports, games, music, 48 dramatics, social recreation, camping, and hobbies, taking into account the needs and interests of Page C89 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 individual members.

2 3 Great Alaska International Adventure Vacations, Sterling AK - camp assistant (2011 summer 4 season); recreational fishing camp on the Kenai Peninsula as a driver, guide, and camp assistant, to 5 fill a mid-season vacancy on 48 hour5.555556e-4 days 0.0133 hours 7.936508e-5 weeks 1.8264e-5 months travel notice. My work included daily transportation driving 15 6 passenger vans, and passenger sedans, for travel and tours from Anchorage to Kenai Peninsula; to 7 Seward, including hiking tours and shipboard tour escort; and transportation from camp to 8 recreational fishing launch sites.

9 10 United States Capitol Guide Service, Washington, D.C. - guide (1998-1999). Completed training 11 program and gave guided tours of the United States Capitol Building for the education and 12 enlightenment of the general public", for groups of fifty people including high school students, 13 adults, and diplomats.

14 15 SEAMANSHIP, SMALL BOAT HANDLING, and PILOTING 16

Onshore; offshore; boats 8 feet to 135 feet length over all; sail; inboard; outboard.

17

Celestial navigation; dead reckoning; piloting; tide, and current data; Global Positioning System 18 (GPS); LORAN; nautical charts.

19 20 EQUIPMENT 21

fixed and mobile cranes; fork lifts; swedging tools; hand tools 22

dingy, centerboard, and keel boats; gaff rigs; Marconi rigs with fixed and running backstays 23 24 SEAMANSHIP, SMALL BOAT HANDLING, and PILOTING 25

Onshore; offshore; boats 8 feet to 135 feet length over all; sail; inboard; outboard.

26

Celestial navigation; dead reckoning; piloting; tide, and current data; Global Positioning System 27 (GPS); LORAN; nautical charts.

28 29 YACHT RACING 30

S-Boat Racing Association - Competitor, Long Island Sound Championship (summer season 1993, 31 1994) - sailing from Larchmont Yacht Club, New York 32

International Star Class Yacht Racing Association - Competitor, World Championship (1990) -

33 sailing from Cleveland Yachting Club, Ohio. Follia, Star yacht 7354, 22.7 x 5.7 x 3.3) Ranked 34 eighty sixth in the world. (Competitor, Bedford Pitcher Regatta) - sailing from Cedar Point Yacht 35 Club, Connecticut - runner-up, 1990.

36

Atlantic Class Association - Competitor, National Championship (summer season 1988-1993). A-37 12 (ex- Briggs S. Cunningham, Spindrift) LOA: 307; Dspl: 4,559 lbs.; Beam: 66; Draft: 49; Sail 38 Area Main & Jib: 377 sq. ft.; Spinnaker: 217 sq. ft. (1929, W. Starling Burgess, naval architect).

39 Sailing from Cold Spring Harbor Beach Club (Cold Spring Harbor, NY); Cedar Point YC 40 (Westport,CT); Niantic Bay YC (Niantic, CT) Also, special staff to the Atlantic Class Association 41 Rules Committee.

42

J-Class Association - (summer season 1989). Endeavour (1934: Camper & Nicholsons, J Class 43 Sloop, ex T.O.M. Sopwith, 130 x 22 x 158). Sailing from New Bedford Rhode Island on Buzzards 44 Bay, and sailing from North Cove Yacht Basin, New York City on Manhattan Harbor.

45

Flying Scot - 1987 (Gordon K. Douglass, designer) LOA 19; Beam 67; draft 311; weight 676 46 lbs; main & jib area 190 sq. ft; spinnaker area 200 sq. ft. Sailing from Candlewood Yacht Club, 47 Fairfield CT.

48

Hobie Cat 16 (Hobie Alter, designer) LOA 16'7"; Beam 7'11"; draft 10" weight 320 lbs; sail area Page C90 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 main and jib 218 sq. ft.

2

Hobie Cat 18 (Hobie Alter, designer) LOA 18', Beam 8'; weight 400 lbs; draft 10", centerboard 3 2'6"; sail area main & jib 240 sq ft.

4 5 CRUISING YACHTS 6

Pearson Ensign - (1959: Carl Alberg, naval architect) LOA 226; LWL 169; Beam 7 weight 7 3000 lbs. sail area, main and jib 235 sq. ft.

8 9 YACHT TENDERS 10

Sequoia (1931, Defoe Boat Works, ex Honey Fitz presidential yacht) Length: 92' 3" x 16' 6" x 4' 11 10" Cruising Speed: 12 knots Weight: 88 tons, sailing from Newport, Rhode Island.

12 13 SPORTFISHING YACHTS 14

Sunnyside Up (Egg Harbor Yachts, Length 37' beam 13' 6" displacement 28,500 lbs) sailing the 15 waters of Long Island Sound, off the coast of New York and Connecticut.

16 17 LAUNCHES 18

Little Chief, 45-foot carvel planked launch with cedar on an oak frame authorized by the U.S.

19 Coast Guard to carry 49 passengers with current Certificate of Inspection. Original name was Rising 20 Wolf, placed in Saint Mary Lake, Glacier National Park. Great Northern Railroad commissioned 21 Captain Swanson in 1925, to build Little Chief 22

Morning Eagle, 45-foot carvel planked launch with cedar on an oak frame, authorized by the U.S.

23 Coast Guard to carry 49 passengers with current Certificate of Inspection. built for Glacier Park 24 Boat Company, in 1945. Original name was Big Chief and was placed on Swiftcurrent Lake. In the 25 spring of 1975, Morning Eagle launched on Lake Josephine, Glacier National Park, and has never 26 been removed. All maintenance on-site.

27

Chief Two Guns, 45-foot marine plywood hull launch with batten seam construction authorized 28 by the U.S. Coast Guard to carry 49 passengers with current Certificate of Inspection, built for 29 Glacier Park Boat Company, in 1960. Placed on Swiftcurrent Lake, Glacier National Park.

30

Joy II, 41-foot marine fiberglass hull launch authorized by the U.S. Coast Guard to carry 49 31 passengers with current Certificate of Inspection, built in 1984, for Glacier Park Boat Company.

32 Original name International II, operated out of Waterton, Canada, in support of the Prince of Wales 33 Hotel. In 1986, her name changed to Joy II and she was transported across the border and launched 34 on St. Mary Lake, Glacier National Park.

35 36 SPORTFISHING YACHTS 37

Sunnyside Up (Egg Harbor Yachts, Length 37' beam 13' 6" displacement 28,500 lbs) sailing the 38 waters of Long Island Sound, off the coast of New York and Connecticut.

39 40 SAILINGS 41

state of Alaska, waters of Resurrection Bay, Nuka Bay; Aialik Bay: Blying Sound, Gulf of Alaska; 42 Kenai River, from Seward Small Boat Harbor; Bings Landing 43

state of Connecticut, waters of the Long Island Sound, from Cedar Point YC; Niantic YC; Pequot 44 YC; Candlewood YC 45

state of Maryland, waters of Chesapeake Bay including Baltimore harbor.

46

state of Massachusetts, waters of Buzzards Bay, Salem Sound, Nahant Bay from New Bedford YC; 47 Eastern YC 48

state of New York, waters of the Long Island Sound, from Larchmont YC; American YC; New Page C91 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 York Athletic Club YC; New York YC; Manhattan YC; Cold Spring Harbor Beach Club; Hudson 2 River, from Shattemuc YC; Croton YC.

3

state of Ohio, waters of Lake Erie, from Cleveland YC; Lorain YC 4

state of Rhode Island, waters of Newport Harbor, Block Island Sound; Fishers Island Sound, from 5 Watch Hill YC; Newport YC; Ida Lewis YC; New York Yacht Club 6

state of Washington, waters of Puget Sound: Shilshole Bay YC; Lake Chelan 7

8 EDUCATION and TRAINING 9

Villanova University-Bachelor of Science. Courses in civil engineering, composition, computer 10 science, construction management; business management, public speaking, logic, navigation, 11 meteorology, plane surveying.

12

Red Cross First Aid/CPR 13 14 WORK ENVIRONMENT 15

Remote sites; travel for extended periods; extreme altitude; all weather bivouac (110F to -20F).

16

Pack forty pounds; walk, stand, and bend for extended periods.

17

Guide for groups up to fifty people, including adults and children.

18 19 LICENSE and REGISTRATION 20 21

US Department of Agriculture Forest Service, Department of Interior Bureau of Land 22 Management -

23 Special Use authorization for commercial use of public lands.

24

Department of Game and Fish, state of New Mexico - registered outfitter and guide.

25 26 copyright 2015 Andrew DeSalvo 27 28 Boat Operator (Homestead) 29 30 compensation: DOQ 31 employment type: full-time 32 33 Boat Operators/ Tenders 34 Gator Dredging -- Homestead, FL 35 36 Five years minimum boat operating experience -- airboat operations a plus 37 MUST be motivated and able to work independently 38 Complete Daily Boat Maintenance Log/Checklist - Mandatory 39 Comply with safety practices, rules, and regulations while performing job duties and follow company 40 procedure in reporting unsafe conditions or practices.

41 Maintain all vessel equipment in good working order and ensure that vessel is clean, well-stocked 42 with supplies and spare parts at all times.

43 Facilitate alignment, movement of boats, or adjustment of machinery, equipment, or materials.

44 Assist in performing maintenance as needed.

45 Assist with washing and maintaining boats and equipment in proper working order.

46 Be in close proximity of work area to anticipate the needs of the crew, prepare tools and operate 47 boats and equipment for crew members for the particular work being performed.

48 Load, unload, or identify building materials, machinery, or tools.

Page C92 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Keep work areas clean and organized. Pick up scrap wire, discarded materials, etc.

2 Work as a team and fulfill any and all other duties and tasks as assigned.

3 Able to work in extreme heat 4 Able to lift up to 100 lbs 5 A criminal background investigation will be conducted on the candidate selected for employment 6 OSHA Certification a plus 7 Drug Free Work Place/Random Testing 8 Equal Opportunity Employer 9 Benefits: Medical, Life and Long Term Disability 10 IRA Plan Company Match 11 *Principals only. Recruiters, please 12 13 copyright 2015 Andrew DeSalvo Page C93 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Andrew DeSalvo; Boat Operator (Homestead) Re: Gator Dredging - Employment Application &

2 Drug Free Workplace Policy 3 Friday, August 14, 2015 12:47 PM 4 From:

5 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

6 To:

7 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

8 2 Files 9 954KB 10 Download All 11 12 PDF 13 Andrew DeSalvo ONLINE-Application for Employment.pdf 14 734KB 15 Save 16 17 18 PDF 19 DeSalvo Andrew ONLINE-DRUG-FREE WORKPLACE ACK.pdf 20 220KB 21 Save 22 23 Christy L. Vanderpool Office Manager 24 Gator Dredging 25 13630 50th Way N 26 Clearwater, FL 33760 27 Phone: 727-527-1300 28 Fax: 727-499-9890 29 Email: christy@gatordredging.com 30 Website: www.gatordredging.com 31 32 from the desk of Andrew DeSalvo 33 34

SUBJECT:

Boat Operator (Homestead) 35 36 Dear Christy 37 38 I am interested in the Boat Operator (Homestead) position. I recently completed a Criminal 39 Offender Record Investigation.

40 41 I worked this summer at GLACIER PARK NATIONAL PARK SERVICE COMPLEX, Rising 42 Sun on St. Mary Lake, West Glacier, MT. I was trained as LIMITED MASTER boat captain 43 operating launches 45 feet length over all, authorized by the U.S. Coast Guard to carry 49 44 passengers.

45 46 I am accustomed to extreme WORK ENVIRONMENTS, including remote sites; travel for 47 extended periods; extreme altitude; all weather bivouac (110F to -20F); lift 100 pounds; pack forty 48 pounds; walk, stand, and bend for extended periods.

Page C94 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 Please call me at (206)579-5021 to schedule an interview, at your earliest convenence.

3 4 Yours sincerely, 5

6 ANDREW DeSALVO 7 (206)579-5021 8 andrew.desalvo@yahoo.com 9

10 2 Attachments 11 954KB 12 13 PDF 14 Andrew DeSalvo ONLINE-Application for Employment.pdf 15 734KB 16 17 PDF 18 DeSalvo Andrew ONLINE-DRUG-FREE WORKPLACE ACK.pdf 19 20 enclosure: resume 21 22 Andrew J. DeSalvo telephone: (206)579-5021 andrew.desalvo@yahoo.com 23 24 SAILING COACH; SAILING INSTRUCTOR 25 26 ESSENTIAL TASKS- SAILING 27

sailing instructor of beginner, intermediate, and advanced sailing courses; cruising courses; racing 28 courses 29

Steer and operate vessels, using radios, depth finders, radars, lights, buoys, or lighthouses.

30

Compute positions, set courses, and determine speeds, using charts, area plotting sheets, 31 compasses, sextants, and knowledge of local conditions.

32

Inspect vessels to ensure efficient and safe operation of vessels and equipment and conformance 33 to regulations.

34

Measure depths of water, using depth-measuring equipment.

35

Direct or coordinate crew members or workers performing activities such as loading or unloading 36 cargo, steering vessels, operating engines, or operating, maintaining, or repairing ship equipment.

37

Monitor the loading or discharging of cargo or passengers.

38

Calculate sightings of land, using electronic sounding devices and following contour lines on 39 charts.

40

Signal passing vessels, using whistles, flashing lights, flags, or radios.

41

Maintain boats or equipment on board, such as engines, winches, navigational systems, fire 42 extinguishers, or life preservers.

43

Signal crew members or deckhands to rig tow lines, open or close gates or ramps, or pull guard 44 chains across entries.

45 46 EXPERIENCE 47 Page C95 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

SAILING INSTRUCTOR (2015 summer season) CITY OF SEATTLE MT. BAKER SAILING 2 CENTER. Courses of Instruction: Mount Baker High School Sailing Team; Summer Racing - Fun 3 Friday Night Racing; Sunday Open Sailing; Youth Sailing Camp - ALL skill levels (ages 10-18).

4 Requirements: experience in sailing; strong communication and teamwork skills; First Aid/CPR 5 certification; passed criminal background check. Vanguard 15, length 15.09 ft., beam 5.60 ft., draft 6 3.28 ft, sail area 77.50 sq. ft.. weight 190 lbs. Laser, length 13.78 ft., beam 4.56 ft., draft 2.62 ft, sail 7 area 75.99 sq. ft.. weight 130 lbs.

8 9

ASSISTANT MANAGER (2015 pre-season) GLACIER PARK BOAT COMPANY. GLACIER 10 PARK NATIONAL PARK SERVICE COMPLEX, Rising Sun on St. Mary Lake, West Glacier, 11 MT. Trained as LIMITED MASTER for waters onshore interpretive boat captain authorized by the 12 U.S. Coast Guard to carry 49 passengers; and, Assistant Manager working a cash register selling 13 tickets, renting small watercraft (kayaks, canoes, rowboats, and motor boats), and leading short 14 guided hikes.

15 16

Hudson River Sloop Clearwater, Inc., Kingston, NY. Apprentice (2015 winter season).

17 Responsible for maintenance tasks, including sanding, painting, varnishing, cleaning, organizing, 18 moving wood, and various small carpentry projects including removal and replacement of wooden 19 boom (60 ft length) under the direction of maintenance coordinator. Clearwater, Length: 106 ft (32 20 m) overall; Beam: 25 ft (7.6 m); Draft: 8 ft (2.4 m); Propulsion: sail; auxiliary engine; Sail plan:

21 mainsail, main topsail, jib, 4305 sq ft. (387.5 m²) total sail area. Architect: Cyrus Hamlin; Builder:

22 1968, Harvey Gamage Shipyard, South Bristol, Maine.

23 24 *NATIONAL PARK SERVICE NORTH CASCADES COMPLEX, Stehekin, WA. GUIDE (2014 25 summer season) Stehekin Fishing Adventures, special-use authorization permit holder on Lake 26 Chelan. Operating small boat with outboard motor, fishing for kokanee, trout, and king salmon.

27 Responsible for care of equipment, meeting clients, and promoting lake trips. On call guide for fly 28 fishing walk and wade, and river float trips.

29 30

Chesapeake Bay Maritime Museum St. Michaels, MD - Head Sailing Instructor (summer 2013 31 season). Responsible for planning and executing the sailing program; supervise and participate in 32 instruction of basic, intermediate, and advanced classes; manage two assistant sailing instructors and 33 one volunteer launch operator; establish reliable, enthusiastic presence with good judgment and 34 leadership; effective use of parents and volunteers; physically assist students in launching, rigging 35 and storing boats; ensure a safe, organized, and educational waterfront and fleet; preparation, 36 planning and daily review of sailing instructions, notice to mariners, and report of program 37 attendance.

38 39

Atlantic Class Association Rules Committee, Stamford CT - public relations specialist. Engage in 40 promoting or creating an intended public image for one design amateur yacht racing association.

41 Confer with production or support personnel to produce or coordinate production of cable 42 television coverage of national championship regatta. Write or select material for release to various 43 communications media. Study the objectives, promotional policies, or needs of organizations to 44 develop public relations strategies that will influence public opinion or promote ideas, products, or 45 services.

46 47

Croton Sailing School, Croton, NY - sailing instructor. Rainbow Class, designed for the Annapolis 48 Sailing School in 1961. (Sparkman & Stephens, naval architects.) LOA: 242, LWL: 173, Beam:

Page C96 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 63, Draft: 36, displacement: 2,200 lb., ballast 1,100 lb. (cast iron), Hull: Fiberglass, Sail Area: 214 2 sq. ft. Sail Inventory: Main, Storm Jib, 2 Genoa jibs and Spinnaker. Fabricate, set up, and repair 3 rigging, cradle supporting structures, hoists, and pulling gear, using hand and power tools.

4 5

Ole M. Amundsen, Inc., Greenwich CT - rigger; painter. Set up or repair rigging for boats up to 30 6 feet length over all; operate, maintain, or repair equipment, such as winches, cranes, derricks; handle 7 lines to moor vessels to docks, to moor docks and floats, or to rig towing lines; match color 8 specifications or original colors, then stir and thin the paints, using spatulas or power mixing 9 equipment; sand surfaces between coats of paint or primer to remove flaws and enhance adhesion 10 for subsequent coats; remove accessories from boats and mask other surfaces with tape or paper in 11 order to protect them from paint.

12 13 GUIDE; RECREATION INSTRUCTOR 14 15

GUEST SERVICE REPRESENTATIVE (2013-2014 season) SKI SANTA FE, Santa Fe, NM.

16 Present group sales and guest services information, including upcoming events, frequent user 17 benefits, lodging and dining facilities, conditions report, and mountain sports activities. Provide a 18 variety of lift tickets, lessons and workshops. Assist with planning for events, accommodations, 19 dining, arts and culture.

20 21

MUSEUM EDUCATOR, TOUR OFFICE ASSISTANT (2014 fall season) GEORGIA 22 O'KEEFFE MUSEUM - Abiquiu Home, Santa Fe, NM. Collaborate and consult with the Tour 23 Office Coordinator, provide support for the day-to-day operations, process, procedure and systems.

24 Schedule tours by internet, phone, and customer contact. Engage with visitors in a positive manner.

25 Work with colleagues to implement program and activities. Provide support to Director of Historic 26 Properties. Customer facing experience, cash handling experience, office administration, operate 27 computer sales program and Blackbaud ticketing program.

28 29 *GUIDE (2014 summer season) NORTH CASCADES NATIONAL PARK SERVICE 30 COMPLEX, Stehekin, WA. Operating small boat with outboard motor for Stehekin Fishing 31 Adventures, special-use authorization permit holder on Lake Chelan, fishing for kokanee, trout, and 32 king salmon. Responsible for care of equipment, meeting clients, and promoting lake trips. On call 33 guide for fly fishing walk and wade, and river float trips.

34 35 Chadds Ford Historical Society, Chadds Ford, PA - guide (2014 spring season) tours of historic John 36 Chads and Barns-Brinton house museums on Brandywine Battlefield, regarding 18th century ways 37 of life, and 18th century crafts for demonstration purposes, including wood-fired cookery. Research 38 project pertaining to capital improvement and conservation easements, with guidance and task 39 assignment from Executive Director and Education Coordinator.

40 41 Terrapin Adventures, Savage MD - guide (2013 fall season); completed a challenge course training 42 program and worked as a challenge course guide, with knowledge of equipment, courses, geography, 43 geology, history, ecology, and wildlife of the area. Duties & Responsibilities: Lead guests on tours 44 including zip lines, climbing wall, challenge course, hiking, fishing, geo-caching, team building 45 of both youth and adult groups.

46 47 Action Adventures, Montrose CO - guide (August, 2013) Scouting and camping in the 48 Uncompahgre Wilderness; prepare meals for clients; pack-in and setup camps; strike and pack-out Page C97 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 camps; daily camp chores.

2 3 Silverleaf Resorts Lee, MA - recreational assistant (summer 2012 season). Responsible for watching 4 the pools while members swim and maintain the cleanliness of the pool area. Conduct recreation 5 activities with groups. Organize and promote activities, such as arts and crafts, sports, games, music, 6 dramatics, social recreation, camping, and hobbies, taking into account the needs and interests of 7 individual members.

8 9 Great Alaska International Adventure Vacations, Sterling AK - camp assistant (2011 summer 10 season); recreational fishing camp on the Kenai Peninsula as a driver, guide, and camp assistant, to 11 fill a mid-season vacancy on 48 hour5.555556e-4 days 0.0133 hours 7.936508e-5 weeks 1.8264e-5 months travel notice. My work included daily transportation driving 15 12 passenger vans, and passenger sedans, for travel and tours from Anchorage to Kenai Peninsula; to 13 Seward, including hiking tours and shipboard tour escort; and transportation from camp to 14 recreational fishing launch sites.

15 16 United States Capitol Guide Service, Washington, D.C. - guide (1998-1999). Completed training 17 program and gave guided tours of the United States Capitol Building for the education and 18 enlightenment of the general public", for groups of fifty people including high school students, 19 adults, and diplomats.

20 21 SEAMANSHIP, SMALL BOAT HANDLING, and PILOTING 22

Onshore; offshore; boats 8 feet to 135 feet length over all; sail; inboard; outboard.

23

Celestial navigation; dead reckoning; piloting; tide, and current data; Global Positioning System 24 (GPS); LORAN; nautical charts.

25 26 EQUIPMENT 27

fixed and mobile cranes; fork lifts; swedging tools; hand tools 28

dingy, centerboard, and keel boats; gaff rigs; Marconi rigs with fixed and running backstays 29 30 SEAMANSHIP, SMALL BOAT HANDLING, and PILOTING 31

Onshore; offshore; boats 8 feet to 135 feet length over all; sail; inboard; outboard.

32

Celestial navigation; dead reckoning; piloting; tide, and current data; Global Positioning System 33 (GPS); LORAN; nautical charts.

34 35 YACHT RACING 36

S-Boat Racing Association - Competitor, Long Island Sound Championship (summer season 1993, 37 1994) - sailing from Larchmont Yacht Club, New York 38

International Star Class Yacht Racing Association - Competitor, World Championship (1990) -

39 sailing from Cleveland Yachting Club, Ohio. Follia, Star yacht 7354, 22.7 x 5.7 x 3.3) Ranked 40 eighty sixth in the world. (Competitor, Bedford Pitcher Regatta) - sailing from Cedar Point Yacht 41 Club, Connecticut - runner-up, 1990.

42

Atlantic Class Association - Competitor, National Championship (summer season 1988-1993). A-43 12 (ex- Briggs S. Cunningham, Spindrift) LOA: 307; Dspl: 4,559 lbs.; Beam: 66; Draft: 49; Sail 44 Area Main & Jib: 377 sq. ft.; Spinnaker: 217 sq. ft. (1929, W. Starling Burgess, naval architect).

45 Sailing from Cold Spring Harbor Beach Club (Cold Spring Harbor, NY); Cedar Point YC 46 (Westport,CT); Niantic Bay YC (Niantic, CT) Also, special staff to the Atlantic Class Association 47 Rules Committee.

48

J-Class Association - (summer season 1989). Endeavour (1934: Camper & Nicholsons, J Class Page C98 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Sloop, ex T.O.M. Sopwith, 130 x 22 x 158). Sailing from New Bedford Rhode Island on Buzzards 2 Bay, and sailing from North Cove Yacht Basin, New York City on Manhattan Harbor.

3

Flying Scot - 1987 (Gordon K. Douglass, designer) LOA 19; Beam 67; draft 311; weight 676 4 lbs; main & jib area 190 sq. ft; spinnaker area 200 sq. ft. Sailing from Candlewood Yacht Club, 5 Fairfield CT.

6

Hobie Cat 16 (Hobie Alter, designer) LOA 16'7"; Beam 7'11"; draft 10" weight 320 lbs; sail area 7 main and jib 218 sq. ft.

8

Hobie Cat 18 (Hobie Alter, designer) LOA 18', Beam 8'; weight 400 lbs; draft 10", centerboard 9 2'6"; sail area main & jib 240 sq ft.

10 11 CRUISING YACHTS 12

Pearson Ensign - (1959: Carl Alberg, naval architect) LOA 226; LWL 169; Beam 7 weight 13 3000 lbs. sail area, main and jib 235 sq. ft.

14 15 YACHT TENDERS 16

Sequoia (1931, Defoe Boat Works, ex Honey Fitz presidential yacht) Length: 92' 3" x 16' 6" x 4' 17 10" Cruising Speed: 12 knots Weight: 88 tons, sailing from Newport, Rhode Island.

18 19 SPORTFISHING YACHTS 20

Sunnyside Up (Egg Harbor Yachts, Length 37' beam 13' 6" displacement 28,500 lbs) sailing the 21 waters of Long Island Sound, off the coast of New York and Connecticut.

22 23 LAUNCHES 24

Little Chief, 45-foot carvel planked launch with cedar on an oak frame authorized by the U.S.

25 Coast Guard to carry 49 passengers with current Certificate of Inspection. Original name was Rising 26 Wolf, placed in Saint Mary Lake, Glacier National Park. Great Northern Railroad commissioned 27 Captain Swanson in 1925, to build Little Chief 28

Morning Eagle, 45-foot carvel planked launch with cedar on an oak frame, authorized by the U.S.

29 Coast Guard to carry 49 passengers with current Certificate of Inspection. built for Glacier Park 30 Boat Company, in 1945. Original name was Big Chief and was placed on Swiftcurrent Lake. In the 31 spring of 1975, Morning Eagle launched on Lake Josephine, Glacier National Park, and has never 32 been removed. All maintenance on-site.

33

Chief Two Guns, 45-foot marine plywood hull launch with batten seam construction authorized 34 by the U.S. Coast Guard to carry 49 passengers with current Certificate of Inspection, built for 35 Glacier Park Boat Company, in 1960. Placed on Swiftcurrent Lake, Glacier National Park.

36

Joy II, 41-foot marine fiberglass hull launch authorized by the U.S. Coast Guard to carry 49 37 passengers with current Certificate of Inspection, built in 1984, for Glacier Park Boat Company.

38 Original name International II, operated out of Waterton, Canada, in support of the Prince of Wales 39 Hotel. In 1986, her name changed to Joy II and she was transported across the border and launched 40 on St. Mary Lake, Glacier National Park.

41 42 SPORTFISHING YACHTS 43

Sunnyside Up (Egg Harbor Yachts, Length 37' beam 13' 6" displacement 28,500 lbs) sailing the 44 waters of Long Island Sound, off the coast of New York and Connecticut.

45 46 SAILINGS 47

state of Alaska, waters of Resurrection Bay, Nuka Bay; Aialik Bay: Blying Sound, Gulf of Alaska; 48 Kenai River, from Seward Small Boat Harbor; Bings Landing Page C99 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

state of Connecticut, waters of the Long Island Sound, from Cedar Point YC; Niantic YC; Pequot 2 YC; Candlewood YC 3

state of Maryland, waters of Chesapeake Bay including Baltimore harbor.

4

state of Massachusetts, waters of Buzzards Bay, Salem Sound, Nahant Bay from New Bedford YC; 5 Eastern YC 6

state of New York, waters of the Long Island Sound, from Larchmont YC; American YC; New 7 York Athletic Club YC; New York YC; Manhattan YC; Cold Spring Harbor Beach Club; Hudson 8 River, from Shattemuc YC; Croton YC.

9

state of Ohio, waters of Lake Erie, from Cleveland YC; Lorain YC 10

state of Rhode Island, waters of Newport Harbor, Block Island Sound; Fishers Island Sound, from 11 Watch Hill YC; Newport YC; Ida Lewis YC; New York Yacht Club 12

state of Washington, waters of Puget Sound: Shilshole Bay YC; Lake Chelan 13 14 EDUCATION and TRAINING 15

Villanova University-Bachelor of Science. Courses in civil engineering, composition, computer 16 science, construction management; business management, public speaking, logic, navigation, 17 meteorology, plane surveying.

18

Red Cross First Aid/CPR 19 20 WORK ENVIRONMENT 21

Remote sites; travel for extended periods; extreme altitude; all weather bivouac (110F to -20F).

22

Pack forty pounds; walk, stand, and bend for extended periods.

23

Guide for groups up to fifty people, including adults and children.

24 25 LICENSE and REGISTRATION 26 27

US Department of Agriculture Forest Service, Department of Interior Bureau of Land 28 Management -

29 Special Use authorization for commercial use of public lands.

30

Department of Game and Fish, state of New Mexico - registered outfitter and guide.

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 RE: Andrew DeSalvo; Boat Operator (Homestead) Re: Gator Dredging - Employment Application 2 & Drug Free Workplace Policy 3 Monday, August 17, 2015 8:29 AM 4 From:

5 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

6 To:

7 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

8 Hi Andrew, 9

10 Thank you for forwarding your information . Tyler McDougal our P.E. will be contacting you today 11 to discuss the Survey and Boat Operating position available with Gator Dredging.

12 13 Christy L. Vanderpool 14 Office Manager 15 Gator Dredging 16 13630 50th Way N 17 Clearwater, FL 33760 18 Phone: 727-527-1300 19 Fax: 727-499-9890 20 Email: christy@gatordredging.com 21 Website: www.gatordredging.com Page C101 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Andrew DeSalvo; Boat Operator (Homestead) Re: Gator Dredging - Employment Application &

2 Drug Free Workplace Policy 3 Tuesday, August 18, 2015 11:11 AM 4 From:

5 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

6 To:

7 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

8 9 August 18, 2015 10 11 Christy L. Vanderpool 12 Office Manager 13 Gator Dredging 14 13630 50th Way N 15 Clearwater, FL 33760 16 Phone: 727-527-1300 17 Fax: 727-499-9890 18 Email: christy@gatordredging.com 19 Website: www.gatordredging.com 20 21 from the desk of Andrew DeSalvo 22 23

SUBJECT:

Boat Operator (Homestead) Re: Gator Dredging - Employment Application & Drug 24 Free Workplace Policy 25 26 Dear Christy; 27 28 I am interested in the Boat Operator (Homestead) position with Gator Dredging; and, I forwarded 29 the Employment Application & Drug Free Workplace Policy.

30 31 Please let me know how to proceed - I have no news from Tyler McDougal, P.E 32 33 Yours sincerely, 34 35 ANDREW DeSALVO 36 (206)579-5021 37 andrew.desalvo@yahoo.com 38 39 copyright 2015 Andrew DeSalvo Page C102 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 RE: Andrew DeSalvo; Boat Operator (Homestead) Re: Gator Dredging - Employment Application 2 & Drug Free Workplace Policy 3 Tuesday, August 18, 2015 2:30 PM 4 From:

5 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

6 To:

7 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

8 I just spoke to Tyler he tried to reach you earlier he is going to try and reach you again right now.

9 10 11 Christy L. Vanderpool 12 Office Manager 13 Gator Dredging 14 13630 50th Way N 15 Clearwater, FL 33760 16 Phone: 727-527-1300 17 Fax: 727-499-9890 18 Email: christy@gatordredging.com 19 Website: www.gatordredging.com Page C103 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 PLEASE FORWARD RE: Andrew DeSalvo; Boat Operator (Homestead) Re: Gator Dredging -

2 Employment Application & Drug Free Workplace Policy 3 Tuesday, August 18, 2015 2:35 PM 4 From:

5 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

6 To:

7 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

8 9 August , 2015 10 11 from the desk of Andrew DeSalvo 12 13

SUBJECT:

Boat Operator (Homestead) Re: Gator Dredging - Employment Application & Drug 14 Free Workplace Policy 15 16 Dear Christy; 17 18 Thanks for your interest in my qualifications for the Boat Operator (Homestead) position.

19 20 PLEASE FORWARD my email contact to Tyler, so that we can schedule a telephone 21 INTERVIEW at his convenience.

32 33 The OWNER and cited sources sources retain all right, title, and interest in and to all of the 34 copyrights, database rights, patent rights, trademarks, trade secrets, and all other propriety right in 35 the Content. No rights in any Content are granted. Any right, title or interest arising in any 36 compilation or derivative work created using any Content shall not entitle the RECIPIENT to use 37 any Content. The RECIPIENT does not acquire any copyright ownership or equivalent rights in or 38 to any Content or any other property of the OWNER or its Content sources.

39 40 Confidentiality Statement:

41 42 This electronic message, and any attachment, contains privileged and confidential information from 43 Andrew J. DeSalvo, intended for the use of the individual or entity named above. If you are not the 44 intended recipient immediately and permanently delete the message and any attachment from your 45 system. Disclosure, Copying, distribution or use of the contents of this message is strictly 46 prohibited. If you have received this email in error, please notify us promptly by telephone at (206) 47 579-5021 or by email reply.

48 Page C104 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 --------------------------------------------

2 On Tue, 8/18/15, Christy Vanderpool - Gator Dredging <Christy@gatordredging.com> wrote:

3 4

Subject:

RE: Andrew DeSalvo; Boat Operator (Homestead) Re: Gator Dredging - Employment 5 Application & Drug Free Workplace Policy 6 To: "DeSalvo, Andrew" <andrew.desalvo@yahoo.com>

7 Date: Tuesday, August 18, 2015, 2:30 PM 8

9 I just spoke to Tyler he tried to 10 reach you earlier he is going to try and reach you again 11 right now.

12 13 14 Christy L. Vanderpool 15 Office Manager 16 Gator Dredging 17 13630 50th Way N 18 Clearwater, FL 33760 19 Phone: 727-527-1300 20 Fax: 727-499-9890 21 Email: christy@gatordredging.com 22 Website: www.gatordredging.com Page C105 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Survey Crew Chief Position 2 Tuesday, August 18, 2015 2:46 PM 3 From:

4 "Tyler McDougal" <tyler@gatordredging.com>

5 To:

6 "andrew.desalvo@yahoo.com" <andrew.desalvo@yahoo.com>

7 Mr. DeSalvo, 8

9 I would like to speak with you in reference to your injury for survey crew chief position available at 10 our Homestead Branch office in Florida.

11 12 Please call me at your earliest convenience to discuss.

13 14 Sincerely, 15 16 Tyler McDougal, P.E.

17 Operations Engineering Manager 18 Gator Dredging 19 (727) 776-8910 20 Tyler@gatordredging.com 21 22 Sent from my Verizon Wireless 4G LTE DROID Page C106 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Andrew DeSalvo Re: Survey Crew Chief Position 2 Tuesday, August 18, 2015 5:07 PM 3 From:

4 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

5 To:

6 "Tyler McDougal" <tyler@gatordredging.com>

7 August 18, 2015 8

9 Tyler McDougal, P.E.

10 Operations Engineering Manager 11 Gator Dredging 12 (727) 776-8910 13 Tyler@gatordredging.com 14 15 from the desk of Andrew DeSalvo 16 17

SUBJECT:

Survey Crew Chief Position 18 19

Dear Mr. McDougal,

20 21 Sorry I missed your call today, and thanks for the opportunity to present a letter of introduction and 22 resume for your consideration, for the Land Surveyor position.

23 24 I am available to travel within forty eight hours of transmittal of your offer for employment; and, I 25 can begin work within forty eight hours of arrival on site.

26 27 My primary responsibility is to make exact measurements using surveying instruments to determine 28 property boundary, shape, contour, location, elevation, or dimension of land and features on the 29 surface of the earth for engineering, map making, land evaluation, construction, and other purposes.

30 31 I have training and experience necessary to stake construction projects at a very high rate of 32 production, and to inspect construction projects (as built) using engineering drawings, CAD 33 software, and robotic surveying instruments.

34 35 I record survey measurements and descriptive data using notes, drawings, and sketches; position and 36 hold optical targets to measure angle, distance, and elevation; position and hold rods for bench mark 37 and cross-section elevations; and search for section corners, property corners, and traverse points.

38 39 I operate surveying instruments and measuring equipment including robotic total station; data 40 collectors; spirit and laser levels; steel tapes; target rods; Philadelphia rods; and leveling rods.

41 42 I have experience directly applicable to your requirements for PRIOR EXPERIENCE, as follows:

43 44 BATHYMETRIC/HYDROGRAPHIC 45

City of Bellevue, WA - Lake Washington: bottom position, elevation, and location for subsurface 46 utility pipeline.

47 48 ELEVATION CERTIFICATE Page C107 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

Town of Cortlandt, Village of Buchanan, NY - vertical control survey (third order) differential 2 level method; Federal Emergency Management Agency (FEMA) Elevation Certificate (EC); project 3 elevation: 39 feet above sea level.

4 5 ENERGY 6

7

Mississippi Canyon Block 252 Macondo Wellbore - as a Constituent Services Intern for the Office 8 of Congressman Scott Murphy (NY-20); an investigation of existing sources of information for 9 Eastern Gulf of Mexico Planning Area Lease Sale 224 Information included a small part of the 10 Eastern Gulf of Mexico Planning Area, more than 125 miles off the Florida coast and completely 11 west of the Military Mission Line: initial exploration plan; final bid recap; blocks and active leases by 12 planning area; oil spill financial responsibility; Congressional findings on accounting with respect to 13 royalties on oil and gas; Department of the Interior Departmental Manual; Part 118: Minerals 14 Management Service Chapter 1: Creation, Objectives, and Functions; mc252 macondo well bore 15 diagram and map; schematics, pressure tests, diagnostic results and other data about the 16 malfunctioning blowout preventer.

17 18

Operation Gasbuggy, T 29 N. R 4 W New Mexico Principal Meridian, Rio Arriba County, New 19 Mexico - independent investigation of existing sources of information for well logs (including 20 nuclear explosive emplacement/reentry well) for the first underground nuclear experiment for the 21 stimulation of low-productivity gas reservoirs by U.S. Atomic Energy Commission, U.S. Department 22 of the Interior (Bureau of Mines), and El Paso Natural Gas Company.

23 24 Please call (206)579-5021 to schedule an interview. I look forward to a discussion of your specific 25 requirements for the position.

26 27 Yours sincerely, 28 29 / SIGNED 30 31 Andrew DeSalvo 32 33 enclosure: resume 34 35 Andrew J. DeSalvo telephone: 206.579.5021 andrew.desalvo@yahoo.com 36 37 SURVEYING TECHNICIAN 38 39 Provide data relevant to the shape, contour, gravitation, location, elevation, or dimension of land or 40 features on or near the surface of the Earth for engineering, map making, mining, land evaluation, 41 construction, and other purposes. Make exact measurements and determine property boundaries.

42 43 EXPERIENCE 44 45 2003 to present- field party chief; instrument operator; and rod man. Accurate Survey, Albuquerque, 46 NM; Baseline Engineering, Tacoma WA; TEC Civil Engineering Consultants, Reno, NV; Industrial 47 Contract Services, Grand Forks ND; Perteet Inc., Everett WA; Gilson Engineering, Draper UT; 48 CTS, Bellevue, WA; Harlan King, Reno, NV; Adel Construction Co., Newark, DE; Surveys Page C108 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Southwest, Albuquerque NM 2

3 DISTINGUISHING CHARACTERISTICS 4

5

Exercise of judgment to determine the best approach to data collection in field operations, without 6 immediate access to a professional land surveyor (PLS) and professional engineer (PE).

7

Use of civil engineering, architectural, and land surveying rules, procedures, and manuals.

8

Read engineering and architectural drawings, and record field notes using drafting standards.

9 10 ESSENTIAL TASKS 11 12

American Land Title Association (ALTA) survey; property boundary survey; research of legal 13 description, deed, and plat; 14

Global Positioning System - static, differential (DGPS), and real-time kinetic (RTK) field 15 techniques.

16

Coordinate geometry (COGO); triangulation; trilateration; resection for LiDAR orientation 17 system.

18

Construction staking; station and offset for center-line control; slope staking; topographic survey.

19

Hydrographic and bathymetric survey; wetlands survey; aerial orthometric photogrammetry.

20 21 HARDWARE 22 23

Spirit level, laser level, and digital level; Philadelphia rod, plumb bob; steel tape; target rod.

24

Hand-held peripheral data collector; wireless peripheral data collector for robotic total station.

25

Total station: Trimble; Leica; Pentax; Nikon; Topcon 26

NAVSTAR Global Positioning Systems: Leica; Trimble; Topcon.

27 28 SOFTWARE 29 30

Autodesk AutoCAD Land Desktop and Civil 3D; ESRI ArcGIS; Carlson Survey 2013; Tripod 31 Data Systems (TDS) Spectra Precision Survey Pro; Trimble Access for General Survey; Trimble 32 Survey Controller Data Collection Software; Topcon TopSURV 8; Leica LISCAD Surveying &

33 Engineering Software; Pentax FieldGenius 2012; Bentley MicroStation.

34

Earth Gravitational Models (EGM96, EGM08); Global Navigation Satellite System (GLONASS);

35 Digital Elevation Model (DEM) 7.5-minute series; Digital Terrain Models (DTM); Digital Line 36 Graphs (DLG).

37 38 ENVIRONMENT 39 40

Metes and bounds cadastral system; Public Land Survey System (PLSS).

41

Remote sites; travel for extended periods; extreme altitude; all weather bivouac (110F to -20F).

42

Pack forty pounds; walk, stand, and bend for extended periods; all terrain.

43

Maritime - onshore; offshore; piloting and seamanship on boats from 8 feet to 135 feet length over 44 all.

45

Navigation: dead reckoning; celestial navigation; tide and current data.

46 47 EDUCATION and TRAINING 48 Page C109 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

Central New Mexico School of Applied Technologies ; course in Autodesk Land Desktop (LDT) 2 2007; create and edit point data, parcel area computations, and boundary information.

3

Villanova University Bachelor of Science; courses in calculus, computer science, statistics, 4 construction engineering, management, public speaking, composition, logic, navigation, 5 meteorology, plane surveying.

6 7 AWARDS 8

9 Delaware Department of Transportation DOT award; Delaware Department of Transportation 10 Construction Excellence Award; Small Business Administration Research Advocate (2003)-New 11 Mexico District.

12 13 PRIME CONTRACTS:

14 15 ENERGY 16

Mid American Energy Center, Council Bluffs, IA - pipeline: reconnaissance of Public Land Survey 17 System monuments and recovery of survey control monuments for location of centerline station 18 and offset.

19

New York State Electric and Gas, Somers, NY - right-of-way: retracement of control survey for 20 three phase alternating current (AC) overhead power transmission lines.

21

Mississippi Canyon Block 252 Macondo Wellbore - as a Constituent Services Intern for the Office 22 of Congressman Scott Murphy (NY-20); an investigation of existing sources of information for 23 Eastern Gulf of Mexico Planning Area Lease Sale 224 Information included a small part of the 24 Eastern Gulf of Mexico Planning Area, more than 125 miles off the Florida coast and completely 25 west of the Military Mission Line: initial exploration plan; final bid recap; blocks and active leases by 26 planning area; oil spill financial responsibility; Congressional findings on accounting with respect to 27 royalties on oil and gas; Department of the Interior Departmental Manual; Part 118: Minerals 28 Management Service Chapter 1: Creation, Objectives, and Functions; mc252 macondo well bore 29 diagram and map; schematics, pressure tests, diagnostic results and other data about the 30 malfunctioning blowout preventer.

31

Industry Steering Committee on Wellbore Survey Accuracy (ISCWSA) - independent investigation 32 of existing sources of information pertaining to efforts to dispel the confusion and secrecy currently 33 associated with wellbore surveying and to enable the industry to produce consistent, reliable 34 estimates of performance for wellbore survey tools.

35

Operation Gasbuggy, T 29 N. R 4 W New Mexico Principal Meridian, Rio Arriba County, New 36 Mexico - independent investigation of existing sources of information for well logs (including 37 nuclear explosive emplacement/reentry well) for the first underground nuclear experiment for the 38 stimulation of low-productivity gas reservoirs by U.S. Atomic Energy Commission, U.S. Department 39 of the Interior (Bureau of Mines), and El Paso Natural Gas Company.

40 41 SUBDIVISION 42

Heritage Hills Condominiums, Somers, NY - a subdivision: control survey retracement, 1100 43 acres.

44

Washoe County, NV - various subdivisions: control survey; station and offset for centerline 45 control; GPS construction staking for placement of utilities, curb, gutter, and sidewalk; total length 46 in excess of 15 miles; (PLSS).

47

Brenford Station, Smyrna, DE - a subdivision: control survey and retracement.

48 Page C110 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 WETLANDS AND SPECIAL HABITAT 2 *Ice Pond Corporation, Patterson, NY - a habitat area of special significance: control survey 3 retracement, 110 acres.

4 5 MINING 6

Port of Seattle, WA Seattle-Tacoma International Airport third runway fill embankment - mine 7 survey: monitor position of hinge point and catch point for cut slope of off-site borrow pits; volume 8 16.5 million cubic yards.

9 10 BATHYMETRIC/HYDROGRAPHIC 11

City of Bellevue, WA - Lake Washington: bottom position, elevation, and location for subsurface 12 utility pipeline.

13 14 RAILROAD 15

Cumbres and Toltec Scenic Railroad Commission, CO/NM - railroad profile: research and budget 16 estimate for track alignment, replacement of rail ties (30,000) and ballast (46,000 tons) - Americas 17 Longest & Highest Narrow Gauge Railroad; historic and cultural property; length of project: 59 18 miles, elevation 9000 feet; (PLSS).

19 20 BRIDGE 21

State of New York Department of Transportation, Region Eight, Poughkeepsie, NY - Peekskill 22 Hollow Road, Putnam Valley Road Design Improvement Project (CR21): as-built survey for bridge; 23 length of project: 2.5 miles.

24 25 PUBLIC PROPERTY 26

US Bureau of Land Management, Taos Resource Area, NM - National Environmental Protection 27 Act (NEPA) Environmental Assessment (EA) reconnaissance survey with field notes; size of subject 28 lands: 640 acres; (PLSS).

29

Bernalillo County Metropolitan Courthouse, Albuquerque, NM - as-built survey; size of structure:

30 244,000 square feet with nine floors.

31

Snohomish County Public Works, WA Cathcart Maintenance Facility - construction staking for 32 placement of building, traffic control, utility and storm drainage, cut and fill, sub grade.

33 34 ELEVATION CERTIFICATE 35

Town of Cortlandt, Village of Buchanan, NY - vertical control survey (third order) differential 36 level method; Federal Emergency Management Agency (FEMA) Elevation Certificate (EC); project 37 elevation: 39 feet above sea level.

38 39 HIGHWAY 40

Porcupine Forest Road Repair, a super - elevated roadway project situated in the US Department 41 of the Interior National Park Service Denali Park and Preserve, Denali Borough, AK, and designed 42 by CH2MHill for the US DOT Federal Highway Administration Western Federal Lands Division -

43 examination of plans for proposed project and existing sources of information for survey control 44 data, center line, and profile. Length of project: 1.692 miles.

45

Bothell Crossing, WA - aerial photogrammetric topographical survey: vertical control survey 46 monument recovery; placement of targets for aerial photography.

47

City of Everett, WA Evergreen Way - control survey retracement; recover property boundary 48 monuments; as-built survey for road profile and sub-surface utility location, on-street traffic Page C111 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 equipment 2

City of Woodenville, WA SR202 / NE 177TH Place Improvements- (high traffic volume):

3 WashDOT vertical control survey (third order) differential level method, GPS control survey 4 retracement, elevation survey, railroad crossing survey, overhead utility location, curb, gutter, and 5 sidewalk location, road profile 6

DelDOT Lancaster Pike, Hockessin, DE - DelDOT triangulated control survey (third order) 7 retracement; vertical control survey (order G - general) differential level method; DelDOT 8 monument recovery; construction staking for placement of curb, gutter, and sidewalk.

9

DelDOT SR141, Wilmington , DE - DelDOT triangulated control survey (third order) 10 retracement; construction staking for placement of curb, gutter, and sidewalk.

11

DelDOT SR141 and SR 100, Wilmington, DE (DOT Award) - DelDOT triangulated control 12 survey (third order) retracement; construction staking for placement of underground utilities, curb, 13 gutter, and sidewalk.

14

DelDOT SR141 and Rockland Road, Wilmington, DE (Construction Excellence Award) -

15 DelDOT triangulated control survey retracement; construction staking for placement of 16 underground utilities, curb, gutter, and sidewalk.

17

DelDOT SR1 AND SR1A, Rehoboth Beach, DE - (high traffic volume): DelDOT triangulated 18 control survey (third order) retracement; station and offset centerline control. Length of project: 3.5 19 miles.

20 21 SPECIAL SITUATIONS 22

455th ECE Engineering Services Support, at Bagram Air Field, Afghanistan - examination of plans 23 for proposed project and existing sources of information for surveys, maps, and geodetic 24 monuments set by the US Government for horizontal and vertical control. KS International 25 (Sallyport Global) subcontract under URS Corporation prime contract with the US Airforce 26 Contract Augumentation Program (AFCAP) rapid response contingency contract for US 27 Government entities needing urgent assistance.

28 29

Deputy Undersecretary of Defense for Business Transformation Task Force to Support Improved 30 Department of Defense (DoD) Contracting and Stability in Iraq - examination of plans for 31 proposed project and existing sources of information for reconstruction using the Iraqi Geospatial 32 Reference System (IGRS) based on Continuously Operating Reference Stations (CORS) to support 33 differential global positioning system (DGPS) techniques, and a high accuracy reference network 34 (HARN) with control stations.

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Andrew DeSalvo Re: Survey Crew Chief Position, Homestead, FL 2 Wednesday, August 19, 2015 2:55 PM 3 From:

4 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

5 To:

6 "Tyler McDougal" <tyler@gatordredging.com>

7 Cc:

8 christy@gatordredging.com 9 2 Files 10 9 MB 11 Download All 12 13 DOC 14 Surveyor Crew Chief (Revised).doc 15 353KB 16 Save 17 18 19 PDF 20 ML15100A235.pdf 21 8 MB 22 Save 23 24 Seattle WA 25 26 August 19, 2015 27 28 Tyler McDougal, P.E.

29 Operations Engineering Manager 30 Gator Dredging 31 (727) 776-8910 32 Tyler@gatordredging.com 33 34 Christy L. Vanderpool 35 Office Manager 36 Gator Dredging 37 13630 50th Way N 38 Clearwater, FL 33760 39 Phone: 727-527-1300 40 Fax: 727-499-9890 41 Email: christy@gatordredging.com 42 Website: www.gatordredging.com 43 44 from the desk of Andrew DeSalvo 45 46

SUBJECT:

Survey Crew Chief Position 47 48

Dear Mr. McDougal,

/ Tyler Page C113 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 Thanks for your interest in my qualifications for the Survey Crew Chief Position with Gator 3 Dredging.

4 5 I appreciate the opportunity to discuss your specific requirements to support dredging operations 6 for the cooling canal system at Florida Power & Light Turkey Point, Homestead, FL.

7 8 I am interested in the field work that you describe; and, I look forward to TRANSMITTAL of your 9 offer for employment.

10 11 I suggest that that Gator Dredging make reservations for a hotel room in Homestead, FL, with 12 check-in date of Saturday, August 29, 2015; and, I can start work within forty eight hours, on August 13 31, 2015.

14 15 Yours sincerely, 16 17 ANDREW DeSALVO 18 (206)579-5021 19 andrew.desalvo@yahoo.com 20 21 1 Attachments 22 353KB 23 24 DOC 25 Surveyor Crew Chief (Revised).doc 26 353KB 27 28 enclosure 29 30 ANNEX I 31 32 The cooling canal system for the existing power plants is the dominant feature of the existing 33 Turkey Point site. The existence of the cooling canals has affected the Biscayne Bay and the 34 underlying aquifer. Therefore, the staff closely examined the potential for alterations in the 35 cooling canals as a result of the proposed action. Reliance on reclaimed water for water supply 36 and discharge to deep aquifers for effluent disposal eliminates all direct impacts on the cooling 37 canals during normal operation. The staff closely evaluated indirect effects such as dewatering 38 and demucking during construction, leaching of muck removed during construction, deposition 39 of chemicals from drift off the cooling towers, stormwater runoff, and temporary use of the 40 backup water source and determined the alterations would be minor. Most alterations would be 41 so minor that they would not be detectable.

42 43 http://pbadupws.nrc.gov/docs/ML1510/ML15100A235.pdf 44 45 ANNEX II 46 47 Boat Operator (Homestead) 48 Page C114 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 compensation: DOQ 2 employment type: full-time 3

4 Boat Operators/ Tenders 5 Gator Dredging -- Homestead, FL 6

7 Five years minimum boat operating experience -- airboat operations a plus 8 MUST be motivated and able to work independently 9 Complete Daily Boat Maintenance Log/Checklist - Mandatory 10 Comply with safety practices, rules, and regulations while performing job duties and follow company 11 procedure in reporting unsafe conditions or practices.

12 Maintain all vessel equipment in good working order and ensure that vessel is clean, well-stocked 13 with supplies and spare parts at all times.

14 Facilitate alignment, movement of boats, or adjustment of machinery, equipment, or materials.

15 Assist in performing maintenance as needed.

16 Assist with washing and maintaining boats and equipment in proper working order.

17 Be in close proximity of work area to anticipate the needs of the crew, prepare tools and operate 18 boats and equipment for crew members for the particular work being performed.

19 Load, unload, or identify building materials, machinery, or tools.

20 Keep work areas clean and organized. Pick up scrap wire, discarded materials, etc.

21 Work as a team and fulfill any and all other duties and tasks as assigned.

22 Able to work in extreme heat 23 Able to lift up to 100 lbs 24 A criminal background investigation will be conducted on the candidate selected for employment 25 OSHA Certification a plus 26 Drug Free Work Place/Random Testing 27 Equal Opportunity Employer 28 Benefits: Medical, Life and Long Term Disability 29 IRA Plan Company Match 30 *Principals only. Recruiters, please 31 32 copyright 2015 Andrew DeSalvo Page C115 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 RE: Andrew DeSalvo Re: Survey Crew Chief Position, Homestead, FL 2 Wednesday, August 19, 2015 3:33 PM 3 From:

4 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

5 To:

6 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

7 1 Files 8 430KB 9 Download All 10 11 DOC 12 Andrew DeSalvo Offer of Employment.doc 13 430KB 14 Save 15 16 Good Afternoon Andrew, 17 18 I am happy to forward the attached Offer of Employment for the Survey Crew Chief position for 19 your review and signature. If you have any questions please don't hesitate to contact me.

20 21 We will look forward to your response and arrival.

22 23 Sincerely, 24 25 Christy L. VanderpoolI 26 Office Manager 27 Gator Dredging 28 13630 50th Way N 29 Clearwater, FL 33760 30 Phone: 727-527-1300 31 Cell: 727-504-6146 32 Fax: 727-499-9890 33 Email: christy@gatordredging.com 34 Website: www.gatordredging.com Page C116 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 TRANSMITTAL; Andrew DeSalvo Re: Survey Crew Chief Position, Homestead, FL 2 Thursday, August 20, 2015 12:31 PM 3 From:

4 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

5 To:

6 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

7 1 Files 8 536KB 9 Download All 10 11 PDF 12 Andrew DeSalvo Offer of Employment.doc.pdf 13 536KB 14 Save 15 16 Seattle WA 17 18 August 20, 2015 19 20 Christy L. VanderpoolI Office Manager 21 Gator Dredging 22 13630 50th Way N 23 Clearwater, FL 33760 24 Phone: 727-527-1300 25 Cell: 727-504-6146 26 Fax: 727-499-9890 27 Email: christy@gatordredging.com 28 Website: www.gatordredging.com 29 30 from the desk of Andrew DeSalvo 31 32

SUBJECT:

TRANSMITTAL; Survey Crew Chief Position, Homestead, FL 33 34 Dear Christy; 35 36 Please find TRANSMITTAL of the signed Offer of Employment for the Survey Crew Chief 37 position, attached for your records.

38 39 I anticipate departure from Seattle WA, on Saturday, August 22, 2015, with limited access to 40 voicemail, and no access to electronic mail while in transit.

41 42 PLEASE ADVISE with the following information, prior to close of business on 5PM ET, Friday, 43 August 21, 2015:

44 45 1.) address for place of work in Homestead, FL 46 2.) address for lodging in Homestead, FL.

47 3.) address, time and date for drug test prior to employment in Homestead, FL.

48 Page C117 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 I can start work on August 31, 2015, within forty eight hours after arrival, on Friday August 28, 2 2015.

3 4 Yours sincerely, 5

6 ANDREW DeSALVO 7 (206)579-5021 8 andrew.desalvo@yahoo.com 9

20 21 The OWNER and cited sources sources retain all right, title, and interest in and to all of the 22 copyrights, database rights, patent rights, trademarks, trade secrets, and all other propriety right in 23 the Content. No rights in any Content are granted. Any right, title or interest arising in any 24 compilation or derivative work created using any Content shall not entitle the RECIPIENT to use 25 any Content. The RECIPIENT does not acquire any copyright ownership or equivalent rights in or 26 to any Content or any other property of the OWNER or its Content sources.

27 28 Confidentiality Statement:

29 30 This electronic message, and any attachment, contains privileged and confidential information from 31 Andrew J. DeSalvo, intended for the use of the individual or entity named above. If you are not the 32 intended recipient immediately and permanently delete the message and any attachment from your 33 system. Disclosure, Copying, distribution or use of the contents of this message is strictly 34 prohibited. If you have received this email in error, please notify us promptly by telephone at (206) 35 579-5021 or by email reply.

36 37 --------------------------------------------

38 On Wed, 8/19/15, Christy Vanderpool - Gator Dredging <Christy@gatordredging.com> wrote:

39 40

Subject:

RE: Andrew DeSalvo Re: Survey Crew Chief Position, Homestead, FL 41 To: "DeSalvo, Andrew" <andrew.desalvo@yahoo.com>

42 Date: Wednesday, August 19, 2015, 3:33 PM 43 44 Good Afternoon Andrew, 45 46 I am happy to forward the 47 attached Offer of Employment for the Survey Crew Chief 48 position for your review and signature. If you have any Page C118 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 questions please don't hesitate to contact me.

2 3 We will look forward to your 4 response and arrival.

5 6 Sincerely, 7

8 Christy L. VanderpoolI 9 Office 10 Manager 11 Gator Dredging 12 13630 13 50th Way N 14 Clearwater, FL 33760 15 Phone: 727-527-1300 16 Cell:

17 727-504-6146 18 Fax: 727-499-9890 19 Email: christy@gatordredging.com 20 Website: www.gatordredging.com Page C119 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 RE: TRANSMITTAL; Andrew DeSalvo Re: Survey Crew Chief Position, Homestead, FL 2 Thursday, August 20, 2015 2:48 PM 3 From:

4 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

5 To:

6 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

7 3 Files 8 2 MB 9 Download All 10 11 PDF 12 Turkey Point Access Entry Instructions.pdf 13 595KB 14 Save 15 16 17 PDF 18 TURKEY POINT NEW HIRE LOCATIONS.pdf 19 295KB 20 Save 21 22 23 PDF 24 HQ to Floridian Hotel.pdf 25 1 MB 26 Save 27 28 Good Afternoon Andrew:

29 30 Welcome aboard! I want to wish you a safe and happy journey to Florida.

31 32 Please find attached the directions, address and access information to the Turkey Point Nuclear 33 Facility. You will have accomodations at the Floridian Hotel available on Friday, August 28th (see 34 attached directions/address) Please advise if there will be any changes to your schedule so we may 35 adjust your reservations as needed.

36 37 You will have your orientation to Gator Dredging on Monday, August 31st. After completing the 38 new hire process you will be scheduled for your drug test and physical 39 40 If you have any questions please don't hesitate to contact me.

41 42 Thank you and will look forward to working with you in the near future.

43 44 Christy L. Vanderpool 45 Office Manager 46 Gator Dredging 47 13630 50th Way N 48 Clearwater, FL 33760 Page C120 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Phone: 727-527-1300 2 Fax: 727-499-9890 3 Email: christy@gatordredging.com 4 Website: www.gatordredging.com Page C121 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 access information RE: Andrew DeSalvo Re: Survey Crew Chief Position, Homestead, FL 2 Thursday, August 20, 2015 3:38 PM 3 From:

4 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

5 To:

6 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

7 8 August , 2015 9

10 from the desk of Andrew DeSalvo 11 12

SUBJECT:

13 14 Dear Christy; 15 16 Thanks for the Welcome aboard! and wishes for a safe and happy journey to Florida.

17 18 I have the directions, address and access information to the Turkey Point Nuclear Facility; and, 19 accommodations at the Floridian Hotel available on Friday, August 28th attached 20 directions/address). Also, PLEASE ADVISE since I will not have cellular phone service at Turkey 21 Point to call Mike Henderson # 912-237-6172, to be escorted onto the property.

22 23 PLEASE ADVISE with TIME on Monday, August 31, 2015, and PLACE for orientation, and 24 where the Gator Dredging project is on the property.

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Work & Arrival Details 2 Friday, August 21, 2015 12:46 PM 3 From:

4 "Tyler McDougal" <tyler@gatordredging.com>

5 To:

6 "andrew.desalvo@yahoo.com" <andrew.desalvo@yahoo.com>

7 Cc:

8 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

9 13 Files 10 11 MB 11 Download All 12 13 JPG 14 image001.jpg 15 6KB 16 Save 17 18 19 PNG 20 image002.png 21 3KB 22 Save 23 24 25 PNG 26 image003.png 27 4KB 28 Save 29 30 31 DOCX 32 Types of Survey and Quality Control Tasks for RTK GPS.docx 33 15KB 34 Save 35 36 37 PDF 38 Estimate_200_from_Higgs_Hydrographic_Tek.pdf 39 16KB 40 Save 41 42 43 PDF 44 Estimate_201_from_Higgs_Hydrographic_Tek.pdf 45 14KB 46 Save 47 48 Page C123 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 DOCX 2 APS-3 configuration .docx 3 6 MB 4 Save 5

6 7 PDF 8 SurvCE Getting Started GPS.PDF 9 557KB 10 Save 11 12 13 PDF 14 SurvCE_GPS_Base-Rover.pdf 15 169KB 16 Save 17 18 19 PDF 20 SurvCE_V2_Tutorial.pdf 21 2 MB 22 Save 23 24 25 PDF 26 R8S GatorDredging B+R NoTrade NL 7-29-15.pdf 27 133KB 28 Save 29 30 31 PDF 32 Trimble R8s Datasheet.pdf 33 80KB 34 Save 35 36 37 PDF 38 Trimble_R8s_Configuration_Sheet.pdf 39 2 MB 40 Save 41 42 Andrew, 43 44 Thank you for accepting the offer of employment and look forward to seeing you the week of the 45 31st of August.

46 47 Christy, Mike Henderson (Turkey Point Project Manager) and I are currently working on the details Page C124 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 of where and when to report. This job has some required training to complete before your work 2 can begin, so we are figuring out the best way to get you trained and working.

3 4 In the meantime, can you review this document I prepared regarding the types of surveys we 5 perform now and in the expected future. I also attached two (2) quotes for RTK GPS equipment 6 (Altus 3X and Trimble R8) to complete those tasks effectively and the associated spec sheets &

7 training. There are 10 attachments in total.

8 9 Can you advise if they are appropriate? If not, what you would recommend.

10 11 Ideally we will have the proper equipment selected, purchased and delivered so it will be available 12 upon your arrival.

13 14 If this is not a wise approach and requires more research - please advise if you can further assist or 15 if you would like to wait until you arrive.

16 17 Thanks and we will get you details for your arrival soon.

18 19 Sincerely, 20 21 Tyler McDougal, PE 22 Operations Engineering Manager 23 Gator Dredging 24 13630 50th Way North 25 Clearwater, FL 33760 26 Phone: 727.527.1300 Voicemail Code: 224 27 Fax: 727.527.1303 28 Mobile: 727.776.8910 29 Email:tyler@gatordredging.com 30 www.gatordredging.com Page C125 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 RESPONSE Re: Work & Arrival Details 2 Friday, August 21, 2015 2:01 PM 3 From:

4 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

5 To:

6 "Tyler McDougal" <tyler@gatordredging.com>

7 Cc:

8 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

9 3 Files 10 3 MB 11 Download All 12 13 PDF 14 DREDGEPACK_Brochure.pdf 15 2 MB 16 Save 17 18 19 PDF 20 022482-1623D-4_Trimble Marine Solutions_BRO_0315_LR (1).pdf 21 775KB 22 Save 23 24 25 PDF 26 022482-2230B_TrimbleTablet_DS_0713_LR.pdf 27 328KB 28 Save 29 30 August 21, 2015 31 32 Tyler McDougal, PE Operations Engineering Manager 33 Gator Dredging 34 13630 50th Way North 35 Clearwater, FL 33760 36 Phone: 727.527.1300 Voicemail Code: 224 37 Fax: 727.527.1303 38 Mobile: 727.776.8910 39 Email:tyler@gatordredging.com 40 www.gatordredging.com 41 42 from the desk of Andrew DeSalvo 43 44

SUBJECT:

RESPONSE Re: Work & Arrival Details 45 46 To whom it may concern; / Tyler 47 48 Thanks for your correspondence, Date: Friday, August 21, 2015, 12:46 PM.

Page C126 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 Please find a response by the numbers, as follows:

3 4 Work & Arrival Details, at 1.) Thank you for accepting the offer of employment and look forward 5 to seeing you the week of the 31st of August.

6 7 RESPONSE, Work & Arrival Details, at 1.): My pleasure, and I look forward to meeting you all.

8 9 Work & Arrival Details, at 2.) Christy, Mike Henderson (Turkey Point Project Manager) and I are 10 currently working on the details of where and when to report. This job has some required training 11 to complete before your work can begin, so we are figuring out the best way to get you trained and 12 working.

13 14 RESPONSE, Work & Arrival Details, at 2.): a.) Please contact me via the Floridian Hotel in 15 Homestead, FL; b.) I have your attachment for the Altus Field Training 10 hour1.157407e-4 days 0.00278 hours 1.653439e-5 weeks 3.805e-6 months day Altus field 16 training estimate - is this the required training to complete before your work can begin, that you 17 reference?

18 19 Work & Arrival Details, at 3.) In the meantime, can you review this document I prepared regarding 20 the types of surveys we perform now and in the expected future. I also attached two (2) quotes for 21 RTK GPS equipment (Altus 3X and Trimble R8) to complete those tasks effectively and the 22 associated spec sheets & training. There are 10 attachments in total.

23 24 RESPONSE, Work & Arrival Details, at 3.) I will review the document you prepared regarding the 25 types of surveys we perform now and in the expected future; and I will review the attached two (2) 26 quotes. QUESTION: Please describe 6 disc; and 2 disc, referenced as follows:

Shallow water 0 27 - 10 depth pre-dredge hand surveys with lightweight (carbon fiber rod with 6 disc) pole

Shallow 28 water 0 - 10 depth progress and post-dredge hand surveys with heavier (steel rod with 2 disc).

29 30 Work & Arrival Details, at 4.) Can you advise if they are appropriate? If not, what you would 31 recommend.

32 33 RESPONSE, Work & Arrival Details, at 4.)

34 35 a.) PLEASE ADVISE with RATIONALE FOR DECISION and names and addresses of 36 INTERESTED PARTIES who specified HARDWARE: Altus 3X; Trimble R8; and SOFTWARE:

37 Carlson SurvCE; 38 39 b.) see Offer of Employment, EXHIBIT "A", enclosed below: A New RTK system you can spec for 40 your use: PRELIMINARY INVESTIGATION: DREDGEPACK (see ANNEX I, enclosed below) 41 and Trimble RTK GPS (see ANNEX II, enclosed below) for survey data from GPS (differential and 42 RTK techniques) and conventional surveying methods. Also, How Civil 3D is useful for Dredging?

43 (see ANNEX III, enclosed below);

44 45 c.) see Offer of Employment, EXHIBIT "A", enclosed below: new high end laptop for quality 46 performance: PRELIMINARY INVESTIGATION: Trimble Site Tablet Fully-functional Field 47 Tablet (see ANNEX II B.); AND WHATEVER YOU HAVE IN STOCK as a desktop computer 48 with large monitor and data collector docking station that GATOR Information Technology can Page C127 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 install in my hotel in Homestead, and access from Clearwater, via the Internet; 2

3 Work & Arrival Details, at 5.) Ideally we will have the proper equipment selected, purchased and 4 delivered so it will be available upon your arrival.

5 6 RESPONSE, Work & Arrival Details, at 5.) Suggest you postpone purchase until we complete 7 SCOPE OF INVESTIGATION for the hardware and software, and until we have consensus 8 between INTERESTED PARTIES including Operations Engineering, Information Technology, 9 Project Manager, et al.

10 11 Work & Arrival Details, at 6.) If this is not a wise approach and requires more research - please 12 advise if you can further assist or if you would like to wait until you arrive.

13 14 RESPONSE, Work & Arrival Details, at 6.) Please see RESPONSE, at 4., and RESPONSE, at 5.);

15 and, please see correspondence, dated August 20, 2015

SUBJECT:

Offer of Employment - Survey 16 Crew Chief (EXHIBIT "A", enclosed below).

17 18 Work & Arrival Details, at 7.) Thanks and we will get you details for your arrival soon.

19 20 RESPONSE, Work & Arrival Details, at 7.) Please contact me via the Floridian Hotel in 21 Homestead, FL. Please note that I will not have email or mobile telephone communications in 22 transit, after 5PM PT on Friday August 21, 2015. My cellular phone carrier has NO COVERAGE in 23 the state of Florida. Please issue a company cellular phone.

24 25 Yours sincerely, 26 27 / SIGNED 28 29 ANDREW DeSALVO 30 (206)579-5021 31 andrew.desalvo@yahoo.com 32 33 3 Attachments 34 3 MB 35 36 PDF 37 DREDGEPACK_Brochure.pdf 38 2 MB 39 40 PDF 41 022482-1623D-4_Trimble Marine Solutions_BRO_0315_LR (1).pdf 42 775KB 43 44 PDF 45 022482-2230B_TrimbleTablet_DS_0713_LR.pdf 46 328KB 47 48 enclosure Page C128 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 EXHIBIT "A" 3

4 August 20, 2015

SUBJECT:

Offer of Employment - Survey Crew Chief, 5

6 August 20, 2015 7

8 Tyler McDougal, P.E. Operations Engineering Manager 9 Gator Dredging 10 (727) 776-8910 11 Tyler@gatordredging.com 12 13 from the desk of Andrew DeSalvo 14 15

SUBJECT:

Offer of Employment - Survey Crew Chief 16 17 Dear Tyler; 18 19 Thanks again for your interest in my qualifications for the Survey Crew Chief Position.

20 21 I will start work on August 31, 2015, within forty eight hours after arrival on Friday August 28, 2015.

22 23 Please find my opinion pertaining to Offer of Employment - Survey Crew Chief - Planned 24 equipment for use:

25 26 1.) A New RTK system you can spec for your use: PRELIMINARY INVESTIGATION:

27 DREDGEPACK (see ANNEX I, enclosed below) and Trimble RTK GPS (see ANNEX II, 28 enclosed below) for survey data from GPS (differential and RTK techniques) and conventional 29 surveying methods. Also, How Civil 3D is useful for Dredging? (see ANNEX III, enclosed below);

30 31 2.) new high end laptop for quality performance: PRELIMINARY INVESTIGATION: Trimble 32 Site Tablet Fully-functional Field Tablet (see ANNEX II B.); AND WHATEVER YOU HAVE IN 33 STOCK as a desktop computer with large monitor and data collector docking station that GATOR 34 Information Technology can install in my hotel in Homestead, and access from Clearwater, via the 35 Internet; 36 37 3.) dedicated survey truck for your use or proper car allowance, PRELIMINARY 38 INVESTIGATION: WHATEVER YOU HAVE IN STOCK; OR, (see ANNEX IV, enclosed 39 below) as you suggested, F-150 Regular Cab XL Wheelbase - 6.5' Box; Tonneau Pickup Box Cover -

40 Hard (or aftermarket steel toolbox) Optional; 4x4 Optional (subject to your discretion) OR JEEP 41 Wrangler or Wrangler Unlimited; 42 43 Also, I have a preliminary design for a method for improving data collection process for a one-man 44 marine deployed land surveying system which may be adapted to surveying the cooling canal system, 45 the dominant feature of the existing Turkey Point power plant site.

46 47 Yours sincerely, 48 Page C129 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 ANDREW DeSALVO 2 (206)579-5021 3 andrew.desalvo@yahoo.com 4

5 3 Attachments 6 3 MB 7

8 PDF 9 DREDGEPACK_Brochure.pdf 10 2 MB 11 12 PDF 13 022482-1623D-4_Trimble Marine Solutions_BRO_0315_LR (1).pdf 14 775KB 15 16 PDF 17 022482-2230B_TrimbleTablet_DS_0713_LR.pdf 18 328KB 19 20 enclosure 21 22 ANNEX I 23 24 DREDGEPACK is designed to save you money. It keeps your crew working in the dredge cut 25 and prevents them from wasting time and money by digging too deep or outside the channel.

26 DREDGEPACK is designed to work with cutter suction, hopper, bucket and excavator 27 operations.

28 29 Using tools in DREDGEPACK, your SURVEY data is loaded into a color coded matrix. Your 30 survey data can come from single beam data, multibeam data or multiple transducer data.

31 DREDGEPACK will monitor the exact position and depth of the digging tool and keep track of 32 an As Dredged surface. Youll be able to see exactly where your digging tool is in plan view and in 33 profile view. Youll also be able to see the channel design depth and channel overdepth in profile 34 view.

35 36 Dredging plans can be simple channels or complex surfaces, as created in the ADVANCE 37 CHANNEL DESIGN program.

38 39 For a cutter suction dredge, typical inputs to DREDGEPACK are a directional DGPS and an 40 inclinometer to determine the angle of the ladder arm. DREDGEPACK integrates to several 41 commercially available inclinometers, or can read existing equipment using OPC Network interfaces 42 or analog/digital cards.

43 44 For more information on cutter suction or auger dredges please visit Ellicott Dredges 45 www.dredge.com and IMS Dredges www.imsdredge.com 46 47 For a hopper dredge, DREDGEPACK also needs to be able to determine the exact draft of the 48 vessel. Typical inputs for a hopper system include DGPS, ships gyro, and a bubbler system that Page C130 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 provides forward/aft draft information and depth information at one or two points on each ladder 2 arm.

3 4 DREDGEPACK is being used on many excavator operations. Typical inputs are a DGPS (or 5 RTK DGPS), heading sensor and 3-inclinometer systems (Ocala, eTrac, Prolec, etc.).

6 7 URL: http://www.hypack.com/new/Sales/Products/DREDGEPACK/tabid/60/Default.aspx 8

9 Attachments PDF DREDGEPACK_Brochure.pdf 2 MB 10 11 ANNEX II 12 13 A.) HYDROpro and Trimble marine construction GPS sensors such as the Trimble SPS855 GNSS 14 Modular Receiver and SPS555H Heading Add-on can be installed on several types of waterway 15 dredging machines, including:

16 17 *Dredging excavators 18 19 It offers specialized tools for:

20 *Positioning dredge vessels, barges, tugs and other construction vessels 21 22 http://construction.trimble.com/products/marine-systems/hydropro-software 23 24 Terramodel HDMS is a family of powerful software tools for the marine surveying and construction 25 industry. With full drafting, design and visualization functionalities, you can generate an entire map 26 of your wet construction project in just seconds.

27 28 The Terramodel HDMS core module allows you to quickly import Trimble HYDROpro' survey 29 data into a project structure that is suitable for the way hydrographic data is handled and presented 30 31 http://construction.trimble.com/products/marine-systems/terramodel-hdms 32 33 Attachments PDF 022482-1623D-4_Trimble Marine Solutions_BRO_0315_LR (1).pdf 775KB 34 35 B.) Trimble Site Tablet Fully-functional Field Tablet 36 *Connect your office to the construction site with a cellular modem, laptop, GPS and controller in 37 one device 38 Use the Trimble Site Tablet and SCS900 Site Controller Software with a Trimble SPS GNSS 39 Receiver or Total Station for:

40 *Measuring and verifying original ground levels and site features 41 *Monitoring real-time cut/fill information 42 *Checking finished grade and laid material thickness against design elevations and tolerances 43 *Computing progress and material stockpile volumes 44 *Monitoring, and conducting quality control for earthworks and paving operations 45 *Assessing as-built measurements and generating high quality reports for record keeping, approvals, 46 and payment purposes 47 *Synchronizing design and field data via the Internet 48 Page C131 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Water . . . . . . . . . . . . . . . . . . . . . . . . . . Immersible in 1 meter of water for 30 minutes, IP65, 2 MIL-STD-810F, Method 512.4, 3 Procedure I, Water Jet 12.5 mm dia.

4 @ 2.5-3 m, 100 Liter/min 5

6 Operating system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Microsoft Windows 7 7

8 http://construction.trimble.com/products/site-positioning-systems/trimble-site-tablet 9

10 Attachments PDF 022482-2230B_TrimbleTablet_DS_0713_LR.pdf 328KB 11 12 C.) Trimble SPS855 Modular GNSS Receiver is a fully upgradable receiver that can be configured in 13 a variety of ways:

14 *As a Rover only with Location RTK accuracy and Precise Vertical 15 *As a Rover only with Precision RTK accuracy 16 17 http://construction.trimble.com/products/site-positioning-systems/sps855-gnss-modular-receiver 18 19 D.) Steering Systems 20 21 Trimble offers assisted and automated steering options to help keep your farming vehicles on line-so 22 you can focus on other farming tasks. With the added benefit of terrain compensation technology, 23 you can operate in difficult terrain conditions while minimizing skips, overlaps, and guess rows.

24 25 http://www.trimble.com/Agriculture/autopilot/

26 27 The Trimble EZ-Pilot assisted steering system provides high-accuracy steering at an affordable 28 price. When you are driving your vehicle, the EZ-Pilot system turns the wheel for you with a 29 compact electric motor drive using guidance from Trimble displays to help keep you on line and 30 improve your efficiency.

31 32 http://www.trimble.com/Agriculture/ez-pilot.aspx 33 34 E.) LOCATE A DEALER AND REQUEST A DEMO 35 36 Measutronics Corporation 37 P.O. Box 5800 38 Lakeland, FL 33807-5800 39 United States 40 Phone: 863-644-8712 41 Lou_Nash@Measutronics.com 42 measutronics.com 43 44 ANNEX III 45 46 AutoCAD Civil 3D General Discussion Harbor Design & Dredging 47 48 http://forums.autodesk.com/t5/autocad-civil-3d-general/harbor-design-dredging/td-p/2351830 Page C132 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 How Civil 3D is useful for Dredging?

3 4 Typical use is:

5 - import hydrographic survey xyz and breakline data to create existing bathymetric surface 6 - add channel boundaries and specify batters to create desired channel configuration 7 - volume surface calcs 8 - utilise geotechnical module to import sediment borehole data - create sediment surfaces and show 9 cross-section profiles 10 - calculate volumes of different sediment types to be dredged and visualisation of sediment strata 11 - overlay dredging footprint on aerial photography and environmental constraints maps - e.g.

12 calculation of environmental offset payments 13 - plot out pipeline lengths, deposition areas, fill depths, etc.

14 15 http://forums.autodesk.com/t5/autocad-civil-3d-general/how-civil-3d-is-useful-for-dredging/td-16 p/5613663 17 18 ANNEX IV 19 20 F-150 Regular Cab XL Wheelbase - 6.5' Box 21 Standard Features XL 22 Equipment Group 100A 23

3.5L V6 Ti-VCT engine with Flex Fuel Capability 24

Electronic six-speed automatic transmission with tow/haul mode 25

AdvanceTrac with RSC (Roll Stability Control')

26

Trailer Sway Control 27 Cruise control option 28 Tonneau Pickup Box Cover - Hard (or aftermarket steel toolbox) 29 Optional 30 4x4 31 Optional 32 33 34 copyright 2015 Andrew DeSalvo Page C133 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 OBSERVATIONS: Carlson Software Fw: Work & Arrival Details 2 Friday, August 21, 2015 3:33 PM 3 From:

4 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

5 To:

6 "Tyler McDougal" <tyler@gatordredging.com>

7 5 Files 8 9 MB 9 Download All 10 11 DOCX 12 Types of Survey and Quality Control Tasks for RTK GPS.docx 13 15KB 14 Save 15 16 17 PDF 18 SurvCE Getting Started GPS.PDF 19 557KB 20 Save 21 22 23 PDF 24 SurvCE_GPS_Base-Rover.pdf 25 169KB 26 Save 27 28 29 PDF 30 SurvCE_V2_Tutorial.pdf 31 2 MB 32 Save 33 34 35 PDF 36 MC-Catalog-Feb2014-Final-web.pdf 37 6 MB 38 Save 39 40 August 21, 2015 41 42 Tyler McDougal, PE Operations Engineering Manager 43 Gator Dredging 44 13630 50th Way North 45 Clearwater, FL 33760 46 Phone: 727.527.1300 Voicemail Code: 224 47 Fax: 727.527.1303 48 Mobile: 727.776.8910 Page C134 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Email:tyler@gatordredging.com 2 www.gatordredging.com 3

4 from the desk of Andrew DeSalvo 5

6 MEMORANDUM FOR: Tyler McDougal, PE Operations Engineering Manager 7

8

SUBJECT:

OBSERVATIONS: Carlson Software Fw: Work & Arrival Details 9

10 1.) Thanks for your correspondence, Date: Friday, August 21, 2015, 12:46 PM Re: Work & Arrival 11 Details.

12 13 2.) Please find REFERENCE "From the Presidents Desk" and OBSERVATIONS of my personal 14 experience with Carlson Software, with FINDINGS and an OPINION, as follows; 15 16 REFERENCE 17 18 "From the Presidents Desk: Carlson Software Carlson SurvCE is the most popular third party data 19 collection solution. Our software production is now led by Dave Carlson, who heads up the best 20 programming team in the industry.

21 22 http://www.carlsonsw.com/about/companyinfo/

23 24 Carlson Machine Controls machine guidance and fleet management solutions for mining, quarrying, 25 dredging and landfill operations".

26 27 http://www.carlsonsw.com/?s=dredging 28 29 3.) OBSERVATIONS 30 31 I was a guest of Bruce Carlson for a tour at the Carlson Software Research and Development 32 laboratories in Massachusetts; and I was a guest of Bruce Carlson for dinner with the Carlson 33 Software Research and Development.

34 35 Bruce Carlson told me that Dave Carlson, his nephew, was hired at the request of the brother of 36 Bruce Carlson. I was offered a position with Carlson Software Research and Development 37 laboratories in Colorado; and, I did not accept the position due to NO CONFIDENCE in the civil 38 engineering training and land surveying mathematical knowledge of Dave Carlson, Executive V.P. of 39 Development.

40 41 URL: http://www.carlsonsw.com/about/companyinfo/

42 43 4.) FINDINGS 44 45 Preliminary research investigation would show that Carlson Software is a third party data collection 46 solution; Carlson Machine Control is the software solution for dredging; Randy Noland is Vice 47 President of Business Development, and Director of Machine Control for Carlson Software.

48 Page C135 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 URL: http://www.carlsonsw.com/about/companyinfo/

2 3 For those who have already made a receiver investment, there is a good chance that Carlson 4 software is compatible and can maximize your previous investments. Call us with the brand and 5 model number and we will discuss compatibility (see Attachments PDF MC-Catalog-Feb2014-Final-6 web.pdf 6 MB).

7 8 URL: http://www.carlsonsw.com/wordpress/wp-content/uploads/2014/02/MC-Catalog-9 Feb2014-Final-web.pdf 10 11 5.) OPINION 12 13 I believe that Carlson Software may not be suitable the primary specification for Gator Dredging; 14 and, Carlson Software may not compatible for those who have already made a receiver investment.

15 Also, I believe that liability for latent product defect may be limited by the capitalization of Carlson 16 Software, a privately held company. NOTE: Carlson Software is not my primary specification for 17 Gator Dredging.

18 19 Yours sincerely, 20 21 / SIGNED 22 23 ANDREW DeSALVO 24 (206)579-5021 25 andrew.desalvo@yahoo.com 26 27 5 Attachments 28 9 MB 29 30 DOCX 31 Types of Survey and Quality Control Tasks for RTK GPS.docx 32 15KB 33 34 PDF 35 SurvCE Getting Started GPS.PDF 36 557KB 37 38 PDF 39 SurvCE_GPS_Base-Rover.pdf 40 169KB 41 42 PDF 43 SurvCE_V2_Tutorial.pdf 44 2 MB 45 46 PDF 47 MC-Catalog-Feb2014-Final-web.pdf 48 6 MB Page C136 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 enclosure 3

4 ANNEX I 5

6 Designed for Dredging Equipped Excavators 7 For Excavators dredging from land or water 8 Most productive 9 calibration routine 10 on the market.

11 200% faster!

12

Plan and profile views showing barge, excavator position and 13 real-time depth information 14

Real-time update of cut/fill/on-grade relative to DTM file 15

Supports most GNSS receivers with the worlds most 16 extensive GNSS library 17

Barge and excavator independent monitoring/visualization 18

Support of angle sensors, flowmeters, and absolute 19 or relative encoders 20

Multiple attachment support 21

Supports multi-boom, multi-stick and tilt bucket 22 23 Key Features 24

Supports multiple surface file types directly including DXF and DWG 25

Cut/Fill color map 26

GSM remote support 27

Ability to visualize progress in blind, underwater cuts 28

Calculations menu - inverse, points on a line, create a 29 CL from series of points, etc.

30

Newly improved slope routine 31

PDF output of points stored 32

Coordinate editor 33

Localization editor and global projections 34

Unique calibration routine that is accurate and 200% faster 35 36 Special Features 37

Flowmeter support means no sensors directly on the bucket for harsh environments 38

Hydraulic grabber support with open/close monitoring (no sensors on the grab!)

39

Add your own custom tool attachment or machine design 40

Log files recorded locally for post analysis 41

Compatible with Carlson Machine Controls Fleet Manager Office' 42 43 Dredging 44

Software configurable for:

45

Single and dual axis 46

Angularity 47

ID and baud rates 48

CANbus emulation Page C137 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

All sensors pre-calibrated in the factory so they can easily 2 be replaced in the field with no recalibration 3

Sensors have same connectors so cables can be 4 installed bidirectionally 5

Protective mounting plates and shield covers available 6

Rugged! IP69K. Submersible up to 25 meters!

7

Stainless steel construction for salt water applications 8

9 Hardware Components 10 Carlson offers a turn-key hardware and software solution including the CBx6 Control Box Console 11 with integrated 12 GNSS option, axial sensors, external GNSS receivers and wireless mesh infrastructure for 13 connectivity to meet your 14 management needs.

15 For those who have already made a receiver investment, there is a good chance that Carlson 16 software is 17 compatible and can maximize your previous investments. Call us with the brand and model number 18 and 19 we will discuss compatibility.

20 21 Hardware Components 22 Heading Options 23 MC Pro Vx6 24 Base Station Options 25 Sensors 26 All in one unit!

27 VSx6 28 User defined heading for larger 29 machines such as shovels, 30 draglines and platform drills.

31 BRx5 32 Mobile Base Station 33 Rx5 34 Permanent Base Station 35 Carlson Dual Axis/Angular Sensor 36 Measures pitch and roll of machine 37 to provide better accuracies 38 39 Hardware Components 40 Carlson offers a turn-key hardware and software solution including the CBx6 Control Box Console 41 with integrated 42 GNSS option, axial sensors, external GNSS receivers and wireless mesh infrastructure for 43 connectivity to meet your 44 management needs.

45 For those who have already made a receiver investment, there is a good chance that Carlson 46 software is 47 compatible and can maximize your previous investments. Call us with the brand and model number 48 and Page C138 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 we will discuss compatibility.

2 3-year 3 warranty!

4 CBx6 Control Box Console 5 GNSS Inside 6 A42 Antenna 7 Supervisor Rugged Microsoft Windows 7 Tablet PC 8

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 LEASE versus PURCHASE for PROCUREMENT of COMPUTER SOFTWARE, HARDWARE 2 Fw: Work & Arrival Details 3 Friday, August 21, 2015 4:36 PM 4 From:

5 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

6 To:

7 "Tyler McDougal" <tyler@gatordredging.com>

8 Cc:

9 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

10 5 Files 11 3 MB 12 Download All 13 14 DOCX 15 Types of Survey and Quality Control Tasks for RTK GPS.docx 16 15KB 17 Save 18 19 20 PDF 21 Estimate_200_from_Higgs_Hydrographic_Tek.pdf 22 16KB 23 Save 24 25 26 PDF 27 Estimate_201_from_Higgs_Hydrographic_Tek.pdf 28 14KB 29 Save 30 31 32 PDF 33 R8S GatorDredging B+R NoTrade NL 7-29-15.pdf 34 133KB 35 Save 36 37 38 PDF 39 p946.pdf 40 3 MB 41 Save 42 43 August , 2015 44 45 from the desk of Andrew DeSalvo 46 47 MEMORANDUM FOR: Tyler McDougal, PE Operations Engineering Manager Gator Dredging; 48 Christy Vanderpool Office Manager Gator Dredging Page C140 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2

SUBJECT:

LEASE versus PURCHASE for PROCUREMENT of COMPUTER SOFTWARE, 3 HARDWARE Fw: Work & Arrival Details 4

5 OBSERVATIONS 6

7 1.) Computers and peripheral equipment are considered 5 year property under General Depreciation 8 System (GDS);

9 10 2.) computer software can be depreciated if acquired in connection with the acquisition of a 11 business, and it may also qualify for the section 179 deduction and the special depreciation 12 allowance. If you can depreciate the cost of computer software, use the straight line method over a 13 useful life of 36 months.

14 15 FINDINGS 16 17 1.) I believe that computer hardware and software has minimal residual value (see PDF R8S 18 GatorDredging B+R NoTrade NL 7-29-15.pdf) in FINANCIAL ANAYLSIS of PROCUREMENT 19 of COMPUTER SOFTWARE, HARDWARE 20 21 2.) I believe Operations Engineering should request that the GATOR Accounting Department 22 present FINANCIAL ANAYLSIS of LEASE versus PURCHASE for PROCUREMENT of 23 COMPUTER SOFTWARE, HARDWARE (see PDF R8S GatorDredging B+R NoTrade NL 7 24 15.pdf 133KB).

25 26 Yours sincerely, 27 28 ANDREW DeSALVO 29 (206)579-5021 30 andrew.desalvo@yahoo.com 31 32 5 Attachments 33 3 MB 34 35 DOCX 36 Types of Survey and Quality Control Tasks for RTK GPS.docx 37 15KB 38 39 PDF 40 Estimate_200_from_Higgs_Hydrographic_Tek.pdf 41 16KB 42 43 PDF 44 Estimate_201_from_Higgs_Hydrographic_Tek.pdf 45 14KB 46 47 PDF 48 R8S GatorDredging B+R NoTrade NL 7-29-15.pdf Page C141 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 133KB 2

3 PDF 4 p946.pdf 5 3 MB 6

7 enclosure 8

9 ANNEX I 10 11 Publication 946 12 Cat. No. 13081F 13 How To 14 Depreciate 15 Property 16 *Section 179 Deduction 17 *Special Depreciation 18 Allowance 19 *MACRS 20 *Listed Property 21 For use in preparing 22 2014 Returns 23 24 Eligible Property 25 26 To qualify for the section 179 deduction, your property must be one of the following types of 27 depreciable prop-erty.

28 29 5. Off-the-shelf computer software placed in service in tax in years beginning before 2015.

30 31 Off the shelf computer software. Off-the-shelf computer software placed in service in tax years 32 beginning before 2015, is qualifying property for purposes of the section 179 deduction. This is 33 computer software that is readily available for purchase by the general public, is subject to a 34 nonexclusive license, and has not been substantially modified. It includes any program designed to 35 cause a computer to perform a desired function. However, a database or similar item is not 36 considered computer software unless it is in the public domain and is incidental to the operation of 37 otherwise qualifying software.

38 39 Tangible personal property. Tangible personal property is any tangible property that is not real 40 property. It includes the following property.

41 42 Machinery and equipment.

43 44 Computer software. Computer software is generally a section 197 intangible and cannot be 45 depreciated if you acquired it in connection with the acquisition of assets 46 constituting a business or a substantial part of a business. However, computer software is not a 47 section 197 intangible and can be depreciated, even if acquired in connection with the acquisition of 48 a business, if it meets all of the following tests.

Page C142 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 It is readily available for purchase by the general public.

3 It is subject to a nonexclusive license.

4 It has not been substantially modified.

5 If the software meets the tests above, it may also qualify for the section 179 deduction and the 6 special depreciation allowance, discussed later. If you can depreciate the 7 cost of computer software, use the straight line method over a useful life of 36 months.

8 9 Also, the definition of section 179 property will not include off-the-shelf computer software.

10 11 Certain Qualified Property Acquired After December 31, 2007 12 You can take a 50% special depreciation deduction allow-ance for certain qualified property acquired 13 after Decem-ber 31, 2007. Your property is qualified property if it meets the following requirements.

14 1.

15 It is one of the following types of property.

16 17 c.

18 Computer software that is readily available for pur-chase by the general public, is subject to a nonex-19 clusive license, and has not been substantially modified. (The cost of some computer software is 20 treated as part of the cost of hardware and is de-preciated under MACRS.)

21 22 You can take a 50% special depreciation deduction allowance for certain qualified property acquired 23 after December 31, 2007. Your property is qualified property if it meets the following requirements.

24 Computer software that is readily available for purchase by the general public, is subject to a 25 nonexclusive license, and has not been substantially modified. (The cost of some computer software 26 is treated as part of the cost of hardware and is depreciated under MACRS.)

27 28 Which Property Class Applies Under General Depreciation System (GDS)?

29 30 2. 5year property.

31 32 b. Computers and peripheral equipment.

33 34 Recovery Periods Under ADS 35 36 The recovery periods for most property generally are longer under ADS than they are under GDS.

37 The following table shows some of the ADS recovery periods.

38 Property Recovery Period 39 Computers and peripheral equipment . . . 5 years 40 41 Computers and Related Peripheral Equipment 42 43 A computer is a programmable, electronically activated device capable of accepting information, 44 applying prescri-bed processes to the information, and supplying the re-sults of those processes with 45 or without human interven-tion. It consists of a central processing unit with extensive storage, logic, 46 arithmetic, and control capabilities.

47 Related peripheral equipment is any auxiliary machine which is designed to be controlled by the 48 central process-ing unit of a computer.

Page C143 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 The following are neither computers nor related periph-eral equipment.

2 Any equipment that is an integral part of other property that is not a computer.

3 Typewriters, calculators, adding and accounting ma-chines, copiers, duplicating equipment, and 4 similar equipment.

5 Equipment of a kind used primarily for the user's amusement or entertainment, such as video 6 games.

7 8 Table B-1. Table of Class Lives and Recovery Periods 9

10 Asset class 00.12 11 Description of assets included 12 13 Information Systems:

14 Includes computers and their peripheral equipment used in administering normal business 15 transactions and the maintenance of business records, their retrieval and analysis.

16 Information systems are dened as:

17 1) Computers: A computer is a programmable electronically activated device capable of 18 accepting information, applying prescribed processes to the information, and supplying the 19 results of these processes with or without human intervention. It usually consists of a central 20 processing unit containing extensive storage, logic, arithmetic, and control capabilities.

21 Excluded from this category are adding machines, electronic desk calculators, etc., and other 22 equipment described in class 00.13.

23 2) Peripheral equipment consists of the auxiliary machines which are designed to be placed 24 under control of the central processing unit. Nonlimiting examples are: Card readers, card 25 punches, magnetic tape feeds, high speed printers, optical character readers, tape cassettes, 26 mass storage units, paper tape equipment, keypunches, data entry devices, teleprinters, 27 terminals, tape drives, disc drives, disc les, disc packs, visual image projector tubes, card 28 sorters, plotters, and collators. Peripheral equipment may be used on-line or off-line.

29 Does not incude equipment that is an integral part of other capital equipment that is included 30 in other classes of economic activity, i.e., computers used primarily for process or production 31 control, switching, channeling, and automating distributive trades and services such as point 32 of sale (POS) computer systems. Also, does not include equipment of a kind used primarily for 33 amusement or entertainment of the user.

34 35 Class Life (in years) 6 36 Recovery Periods (in years) 37 GDS (MACRS) 5 38 ADS 5 39 40 Asset class 00.13 41 Description of assets included Data Handling Equipment; except Computers:

42 Includes only typewriters, calculators, adding and accounting machines, copiers, and 43 duplicating equipment.

44 45 Class Life (in years) 6 46 Recovery Periods (in years) 47 GDS (MACRS) 5 48 ADS 6 Page C144 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 IRS Publication 946 Cat. No. 13081F How To Depreciate Property 3

4 URL: http://www.irs.gov/pub/irs-pdf/p946.pdf 5

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 metadata for FPL DESIGN DATA for COOLING CANALS project TURKEY POINT in re:

2 PROCUREMENT of COMPUTER SOFTWARE, HARDWARE Fw: Work & Arrival Details 3 Friday, August 21, 2015 4:51 PM 4 From:

5 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

6 To:

7 "Tyler McDougal" <tyler@gatordredging.com>

8 5 Files 9 11 MB 10 Download All 11 12 DOCX 13 Types of Survey and Quality Control Tasks for RTK GPS.docx 14 15KB 15 Save 16 17 18 PDF 19 SurvCE Getting Started GPS.PDF 20 557KB 21 Save 22 23 24 PDF 25 SurvCE_GPS_Base-Rover.pdf 26 169KB 27 Save 28 29 30 PDF 31 SurvCE_V2_Tutorial.pdf 32 2 MB 33 Save 34 35 36 PDF 37 FPL_2014.pdf 38 8 MB 39 Save 40 41 August 21, 2015 42 43 from the desk of Andrew DeSalvo 44 45 MEMORANDUM FOR: "Tyler McDougal" <tyler@gatordredging.com>

46 47

SUBJECT:

metadata for FPL DESIGN DATA for COOLING CANALS project TURKEY 48 POINT in re: PROCUREMENT of COMPUTER SOFTWARE, HARDWARE Fw: Work &

Page C146 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Arrival Details 2

3 Thanks for your correspondence Date: Friday, August 21, 2015, 12:46 PM 4

5 1.) NEED TO KNOW metadata for FPL DESIGN DATA for COOLING CANALS at project 6 TURKEY POINT.

7 8 Yours sincerely, 9

10 ANDREW DeSALVO 11 (206)579-5021 12 andrew.desalvo@yahoo.com 13 14 5 Attachments 15 11 MB 16 17 DOCX 18 Types of Survey and Quality Control Tasks for RTK GPS.docx 19 15KB 20 21 PDF 22 SurvCE Getting Started GPS.PDF 23 557KB 24 25 PDF 26 SurvCE_GPS_Base-Rover.pdf 27 169KB 28 29 PDF 30 SurvCE_V2_Tutorial.pd 31 2 MB 32 33 PDF 34 FPL_2014.pdf 35 8 MB 36 37 enclosure 38 39 ANNEX I 40 41 FLORIDA POWER & LIGHT CO TURKEY POINT POWER PLANT 42 (2006) 43 44 Searching...

45 46 Expanded detail on TRI submissions for 2006 47 48 Facility #1 : FLORIDA POWER & LIGHT CO TURKE Page C147 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 Basic Facility Info facility_Basic_Facility_Info help link help link 3

4 Facility Name FLORIDA POWER & LIGHT CO TURKEY POINT POWER PLANT 5 Street Address 9700 SW 344 ST 6 City HOMESTEAD 7 State FL 8 Zip Code 33035 9 County MIAMI-DADE 10 Parent Company FLORIDA POWER & LIGHT CO 11 Parent Company Duns 006922371 12 Standardized Parent Company NEXTERA ENERGY INC 13 Facility Closed No 14 Federal Facility Commercial facility 15 Reporting Year 2006 16 TRI Facility ID 33035TRKYP9700S 17 113th Congressional District Florida 27 18 19 Street map around facility (from MapQuest) 20 21 Facility Mailing Address facility_Facility_Mailing_Address help link help link 22 All data fields in this section were blank.

23 24 Facility Lat/Long facility_Facility_Lat_Long help link help link (Facility #1 : FLORIDA POWER 25 & LIGHT CO TURKE) 26 27 Latitude 0252609 28 Longitude 0801952 29 Preferred Latitude 0 30 Preferred Longitude 0 31 Pref. Lat/Long Accuracy 0 32 FRS Latitude 25.435833 33 FRS Longitude -80.331111 34 FRS Lat/Long Reference Point Code 20 35 FRS Lat/Long Reference Point FACILITY CENTROID 36 FRS Lat/Long Method 27 37 FRS Lat/Long Method Description UNKNOWN 38 FRS Lat/Long Accuracy 10 39 FRS Lat/Long Datum Code NAD 40 FRS Lat/Long Datum NAD83 41 42 43 Facility Contact Info facility_Facility_Contact_Info help link help link 44 45 Public Contact Name GARY ANDERSEN 46 Public Contact Phone 3052423826 47 Tech Contact Name JOHN JONES 48 Tech Contact Phone 5616917056 Page C148 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Tech Contact Email JOHN_JONES@FPL.COM 2

3 4 Facility Primary IDs facility_Facility_Primary_IDs help link help link (Facility #1 : FLORIDA 5 POWER & LIGHT CO TURKE) 6 7 Primary NAICS Code 221112: Fossil Fuel Electric Power Generation 8 Primary Facility Duns 006922371 9 Primary NPDES ID FL0001562 10 Primary RCRA ID FLD000733683 11 Primary UIC ID NA 12 13 14 Facility Current Info facility_Facility_Current_Info help link help link 15 16 Current Facility Name FLORIDA POWER & LIGHT CO TURKEY POINT POWER PLANT 17 Current Street Address 9700 SW 344 ST 18 Current City HOMESTEAD 19 Current County MIAMI-DADE 20 Current State and County FIPS 12086 21 Current State FL 22 Current Zip Code 33035 23 Current Parent Company NEXTERA ENERGY INC 24 Current Parent Duns 006922371 25 Current Standard Parent Company NEXTERA ENERGY INC 26 27 28 RSEI Score Facility Summary facility_RSEI_Score_Facility_Summary help link help link (Facility 29 #1 : FLORIDA POWER & LIGHT CO TURKE) 30 31 RSEI Facility Fugitive Air Score 0 32 RSEI Facility Stack Air Score 1,367 33 RSEI Facility Water Release Score 0 34 RSEI Facility Incineration Transfer Score 0 35 RSEI Facility POTW Transfer Score 0 36 RSEI Facility Total Score 1,367 37 State percent Facility total score is 0.04% of the total score for Florida in 2006 38 Year percent Facility total score is less than 0.01% of the total score for all of TRI for 2006 39 40 http://data.rtknet.org/tri/tri.php?facility_id=33035TRKYP9700S&reporting_year=2006&detail=3 41 42 copyright 2015 Andrew DeSalvo Page C149 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Horizontal and Vertical Control Points for COOLING CANALS at project TURKEY POINT in 2 re: PROCUREMENT of COMPUTER SOFTWARE, HARDWARE Fw: Work & Arrival Details 3 Friday, August 21, 2015 5:51 PM 4 From:

5 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

6 To:

7 "Tyler McDougal" <tyler@gatordredging.com>

8 5 Files 9 11 MB 10 Download All 11 12 DOCX 13 Types of Survey and Quality Control Tasks for RTK GPS.docx 14 15KB 15 Save 16 17 18 PDF 19 SurvCE Getting Started GPS.PDF 20 557KB 21 Save 22 23 24 PDF 25 SurvCE_GPS_Base-Rover.pdf 26 169KB 27 Save 28 29 30 PDF 31 SurvCE_V2_Tutorial.pdf 32 2 MB 33 Save 34 35 36 PDF 37 FPL_2014.pdf 38 8 MB 39 Save 40 41 August 21, 2015 42 43 from the desk of Andrew DeSalvo 44 45 MEMORANDUM FOR: "Tyler McDougal" <tyler@gatordredging.com>

46 47

SUBJECT:

Horizontal and Vertical Control Points for COOLING CANALS at project TURKEY 48 POINT in re: PROCUREMENT of COMPUTER SOFTWARE, HARDWARE Fw: Work &

Page C150 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Arrival Details 2

3 Thanks for your correspondence Date: Friday, August 21, 2015, 12:46 PM pertaining to Work &

4 Arrival Details.

5 6 1.) NEED TO KNOW Horizontal and Vertical Control Points for COOLING CANALS at project 7 TURKEY POINT.

8 9 Yours sincerely, 10 11 ANDREW DeSALVO 12 (206)579-5021 13 andrew.desalvo@yahoo.com 14 15 5 Attachments 16 11 MB 17 18 DOCX 19 Types of Survey and Quality Control Tasks for RTK GPS.docx 20 15KB 21 22 PDF 23 SurvCE Getting Started GPS.PDF 24 557KB 25 26 PDF 27 SurvCE_GPS_Base-Rover.pdf 28 169KB 29 30 PDF 31 SurvCE_V2_Tutorial.pdf 32 2 MB 33 34 PDF 35 FPL_2014.pdf 36 8 MB 37 38 copyright 2015 Andrew DeSalvo Page C151 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 RE: RESPONSE Re: Work & Arrival Details 2 Saturday, August 22, 2015 11:08 AM 3 From:

4 "Tyler McDougal" <tyler@gatordredging.com>

5 To:

6 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

7 Cc:

8 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

9 Andrew, 10 11 Could you sum up those 5 emails you sent me in a list of your questions and comments. I have a 12 busy week next week and would like to reply to quickly and effectively to all but have limited time.

13 14 I will probably need to speak with you about some of the items. What is the status of your cell 15 phone again - I saw you mentioned you will run out of service range at some point.

16 17 Thanks, 18 19 Tyler McDougal, PE 20 Operations Engineering Manager 21 Gator Dredging 22 13630 50th Way North 23 Clearwater, FL 33760 24 Phone: 727.527.1300 Voicemail Code: 224 25 Fax: 727.527.1303 26 Mobile: 727.776.8910 27 Email:tyler@gatordredging.com 28 www.gatordredging.com Page C152 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 ARRIVAL Re: Work & Arrival Details 2 Saturday, August 29, 2015 4:09 AM 3 From:

4 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

5 To:

6 "Tyler McDougal" <tyler@gatordredging.com>

7 Cc:

8 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

9 August 29, 2015 10 11 Tyler McDougal, PE Operations Engineering Manager 12 Gator Dredging 13 13630 50th Way North 14 Clearwater, FL 33760 15 Phone: 727.527.1300 Voicemail Code: 224 16 Fax: 727.527.1303 17 Mobile: 727.776.8910 18 Email:tyler@gatordredging.com 19 www.gatordredging.com 20 21 from the desk of Andrew DeSalvo 22 23 MEMORANDUM FOR: Tyler McDougal, PE Operations Engineering Manager 24 25

SUBJECT:

ARRIVAL Re: Work & Arrival Details 26 27 My dear Mr. McDougal; 28 29 I have ARRIVAL on schedule, Friday, August 29, 2015 in Homestead Florida.

30 31 WILL CALL Mike Henderson (Turkey Point Project Manager) to report for work on schedule, 32 Monday, August 31, 2015.

33 34 PLEASE CALL via the Floridian Hotel in Homestead, FL. NOTE: I have limited access to 35 electronic mail at the Floridian Hotel.

36 37 My cellular phone carrier has NO COVERAGE in the state of Florida. Please issue a company 38 cellular phone.

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Andrew DeSalvo; MAILING ADDRESS Re: Work & Arrival Details Re: Survey Crew Chief 2 Position, Homestead, FL 3 Saturday, August 29, 2015 6:31 AM 4 From:

5 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

6 To:

7 christy@gatordredging.com 8 Cc:

9 tyler@gatordredging.com 10 3 Files 11 2 MB 12 Download All 13 14 PDF 15 Turkey Point Access Entry Instructions.pdf 16 595KB 17 Save 18 19 20 PDF 21 TURKEY POINT NEW HIRE LOCATIONS.pdf 22 295KB 23 Save 24 25 26 PDF 27 HQ to Floridian Hotel.pdf 28 1 MB 29 Save 30 31 August , 2015 32 33 Christy L. Vanderpool 34 Office Manager 35 Gator Dredging 36 13630 50th Way N 37 Clearwater, FL 33760 38 Phone: 727-527-1300 39 Fax: 727-499-9890 40 Email: christy@gatordredging.com 41 Website: www.gatordredging.com 42 43 from the desk of Andrew DeSalvo 44 45 MEMORANDUM FOR: Christy L. Vanderpool Office Manager Gator Dredging 46 47

SUBJECT:

MAILING ADDRESS Re: Work & Arrival Details 48 Page C154 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Dear Ms. Vanderpool; / Christy 2

3 Here is the MAILING ADDRESS for payroll, as follows:

4 5 Andrew DeSalvo 6 Post Office Box 900838 7 Homestead FL 33090 8

9 Yours sincerely, 10 11 / SIGNED 12 13 ANDREW DeSALVO 14 (206)579-5021 15 andrew.desalvo@yahoo.com 16 17 3 Attachments 18 2 MB 19 20 PDF 21 Turkey Point Access Entry Instructions.pdf 22 595KB 23 24 PDF 25 TURKEY POINT NEW HIRE LOCATIONS.pdf 26 295KB 27 28 PDF 29 HQ to Floridian Hotel.pdf 30 1 MB 31 32 copyright 2015 Andrew DeSalvo Page C155 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 RE: ARRIVAL Re: Work & Arrival Details 2 Saturday, August 29, 2015 10:44 AM 3 From:

4 "Tyler McDougal" <tyler@gatordredging.com>

5 To:

6 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

7 Cc:

8 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

9 Andrew, 10 11 Our operation is canceled Monday due to the threat of the tropical storm.

12 13 I will be arriving on-site mid-day on Tuesday and would like to meet with you Tuesday afternoon.

14 15 I will call you when I arrive around 3pm to discuss. We can meet on-site or for dinner and discuss 16 the plan and equipment and other things. We will get you paid for those hours.

17 18 We will then start you (official first day) on Wednesday morning.

19 20 Looking forward to it and apologize for the delay. Luckily the storm does not appear to be much of 21 a threat anymore.

22 23 Sincerely, 24 25 Tyler McDougal, PE 26 Operations Engineering Manager 27 Gator Dredging 28 13630 50th Way North 29 Clearwater, FL 33760 30 Phone: 727.527.1300 Voicemail Code: 224 31 Fax: 727.527.1303 32 Mobile: 727.776.8910 33 Email:tyler@gatordredging.com 34 www.gatordredging.com Page C156 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 CONFIRMATION 3PM Tuesday, September 1, 2015 Re: Work & Arrival Details 2 Saturday, August 29, 2015 2:00 PM 3 From:

4 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

5 To:

6 "Tyler McDougal" <tyler@gatordredging.com>

7 Cc:

8 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

9 1 Files 10 297KB 11 Download All 12 13 PDF 14 TURKEY POINT NEW HIRE LOCATIONS.pdf 15 297KB 16 Save 17 18 Homestead FL 19 20 August , 2015 21 22 Tyler McDougal, PE 23 Operations Engineering Manager 24 Gator Dredging 25 13630 50th Way North 26 Clearwater, FL 33760 27 Phone: 727.527.1300 Voicemail Code: 224 28 Fax: 727.527.1303 29 Mobile: 727.776.8910 30 Email:tyler@gatordredging.com 31 www.gatordredging.com 32 33 from the desk of Andrew DeSalvo 34 35 MEMORANDUM FOR: Tyler McDougal, PE Operations Engineering Manager 36 37

SUBJECT:

CONFIRMATION 3PM Tuesday, September 1, 2015 Re: Work & Arrival Details 38 39 My dear Mr. McDougal; / Tyler 40 41 Thanks for your invitation to meet Tuesday, on-site or for dinner and discuss the plan and 42 equipment and other things.

43 44 I believe the plan under Andrew DeSalvo Re: Offer of Employment - Survey Crew Chief (see 45 Attachments PDF TURKEY POINT NEW HIRE LOCATIONS.pdf 297KB), presents an 46 agreement, as follows:

47 48 "3.) Gator Dredging will provide three (3) days of motel reimbursement expense and per diem at Page C157 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 $30.00 for the trip from Seattle, WA to Homestead, Fl. Lodging and per diem will be provided upon 2 your arrival in Homestead. Mileage reimbursement for travel from current location to Clearwater, 3 Florida estimated at $0.42/mile @ 3,100 miles = $1,260."

4 5 NOTE: Actual mileage is 3,340 miles to Homestead, FL.

6 7 "14.) We would like to offer a start date of August 31st, 2015."

8 9 On Monday, August 31, 2015, I plan to visit the TURKEY POINT NEW HIRE LOCATIONS for 10 physical examination and drug testing, to take a drug test prior to employment, on site. I have 11 submitted the required information which returns a clear criminal background check is required for 12 employment.

13 14 Also, I need to complete Form W-4 so that your employer can withhold the correct federal income 15 tax from your pay; and, to complete form I-9 to document verification of identity and authorization 16 to work in the United States.

17 18 I prefer to meet on site upon your arrival at three o'clock on Tuesday, September 1, 2015, to discuss 19 the plan and equipment and other things.

20 21 Thanks again for your interest in my qualifications; and, for the Offer of Employment - Survey 22 Crew Chief, with Waterfront Property Services, LLC (dba Gator Dredging).

23 24 Yours sincerely, 25 26 / SIGNED 27 28 ANDREW DeSALVO 29 (206)579-5021 30 andrew.desalvo@yahoo.com 31 32 1 Attachments 33 297KB 34 35 PDF 36 TURKEY POINT NEW HIRE LOCATIONS.pdf 37 297KB 38 39 copyright 2015 Andrew DeSalvo Page C158 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 RE: CONFIRMATION 3PM Tuesday, September 1, 2015 Re: Work & Arrival Details 2 Saturday, August 29, 2015 2:18 PM 3 From:

4 "Tyler McDougal" <tyler@gatordredging.com>

5 To:

6 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

7 Cc:

8 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

9 Andrew, 10 11 Sounds great if you can get your lab and physical screening/work done on Monday. I like that 12 plan. Write down the hours it takes you to complete this.

13 14 Then we can get you the final paperwork to sign when we meet at the job site Tuesday around 3pm 15 - I will call you before to confirm I am not running late.

16 17 I will let Christy handle your other questions regarding lodging and per diem reimbursement. She 18 will be in the office on Monday morning and can address them at that time. Please contact her at 19 (727) 527-1300 extension 21.

20 21 Sincerely, 22 23 Tyler McDougal, PE 24 Operations Engineering Manager 25 Gator Dredging 26 13630 50th Way North 27 Clearwater, FL 33760 28 Phone: 727.527.1300 Voicemail Code: 224 29 Fax: 727.527.1303 30 Mobile: 727.776.8910 31 Email:tyler@gatordredging.com 32 www.gatordredging.com 33 Page C159 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 No Page Service 2 Monday, August 31, 2015 6:59 AM 3 From:

4 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

5 To:

6 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

7 1 Files 8 7KB 9 Download All 10 11 JPG 12 image001.jpg 13 7KB 14 Save 15 16 Andrew, 17 18 Was hoping you would have called by now. The Floridian doesnt have a paging service 19 available. I tried reaching you on your phone in the room with no success. I can send you for your 20 drug test but will need to get the Chain of Custody to you someway. Please call the office.

21 22 Thanks, 23 24 Christy L. Vanderpool 25 Office Manager 26 Gator Dredging 27 13630 50th Way N 28 Clearwater, FL 33760 29 Phone: 727-527-1300 EXT: 21 30 Cell: 727-504-6146 31 Fax: 727-499-9890 32 Email: christy@gatordredging.com 33 Website: www.gatordredging.com 34 Page C160 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Gator - Work Plan for Week of 8/31 to 8/4 2 Monday, August 31, 2015 7:17 AM 3 From:

4 "Tyler McDougal" <tyler@gatordredging.com>

5 To:

6 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

7 4 Files 8 28KB 9 Download All 10 11 JPG 12 image001.jpg 13 6KB 14 Save 15 16 17 PNG 18 image002.png 19 3KB 20 Save 21 22 23 PNG 24 image003.png 25 4KB 26 Save 27 28 29 DOCX 30 Types of Survey and Quality Control Tasks for RTK GPS.DOCX 31 15KB 32 Save 33 34 Andrew, 35 36 I am in the office in Clearwater today if you need anything. I am having trouble going through the 37 Floridian to get in touch with you so it would probably be easier to reach me.

38 39 My new office number and extension is (727) 527-1300 ext. 24.

40 41 If you could get the background check and health screening items done today it would be great.

42 43 I will be there tomorrow afternoon to get you started.

44 45 In the meantime - if you have a laptop or by using the hotel computer - if you could do some 46 research on RTK GPSs. I attached the sheet I made on the tasks we will be using the unit 47 for. Again I was looking at a Trimble R8 and an Altus 3X for our needs. If you could do a quick 48 evaluation on those two units and find one or two more and do a quick evaluation on those.. I think Page C161 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 we would have enough products and information to be able to have a meaningful discussion on 2 which one to choose or be able to narrow it down (rule some out) and do further investigation.

3 4 My plan for this week - is to continue our process using our current differential hand GPS and get 5 you familiar with it. We will always use this process - especially for small jobs - plus it is a safe and 6 reliable survey process - therefore it will be beneficial for you to have that skill going forward and 7 until we get RTK process in motion.

8 9 Summary of plan for you this week:

10

Monday - Andrew gets background check, health screening tests completed. Perform some 11 research on two current RTK set ups, find several more and do some quick research on them.. This 12 research can continue through Tuesday early afternoon. Please write down all your hours worked 13 on all these items.

14

Tuesday - Finalize research on the RTK set-ups. Meet with Tyler on job site around 3pm 15 (Tyler to confirm) to finalize new hire paperwork and discuss your findings on the RTK 16 equipment. Tyler can issue you a company cell phone at this time.

17

Wednesday - Load up crews on vessels and do post-dredge survey work in Section 1 of 18 canal system using current Differential GPS methods. One (1) three man crew.

19

Thursday - Same as Wednesday.

20

Friday - Same as Wednesday.

21 * *** Some time Wednesday through Friday - we can take a break and meet with Bill Coughlin 22 - Chief Operating Officer - to discuss our findings with RTK system and recommendations on 23 purchase. Based on his input we can agree to purchase the unit or perform more research. We will 24 also try and get you the required environmental training class through FPL for the Turkey Point 25 site.. it is a quick 1 hour1.157407e-5 days 2.777778e-4 hours 1.653439e-6 weeks 3.805e-7 months class to get your certification on this.

26

Saturday - I believe we are taking this day off due to Labor Day holiday.

27

Monday 9/7 - Gator paid Holiday - No Work 28 29 Again I apologize for any inconvenience the weather delays have caused.

30 31 Let me know if you have any questions and feel free to contact me.

32 33 Sincerely, 34 35 Tyler McDougal, PE 36 Operations Engineering Manager 37 Gator Dredging 38 13630 50th Way North 39 Clearwater, FL 33760 40 Phone: 727.527.1300 Voicemail Code: 224 41 Fax: 727.527.1303 42 Mobile: 727.776.8910 43 Email:tyler@gatordredging.com 44 www.gatordredging.com 45 Page C162 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 RE: CONFIRMATION 3PM Tuesday, September 1, 2015 Re: Work & Arrival Details 2 Monday, August 31, 2015 9:18 AM 3 From:

4 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

5 To:

6 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

7 1 Files 8 1 MB 9 Download All 10 11 PDF 12 COC - Gator Dredging.pdf 13 1 MB 14 Save 15 16 Andrew, 17 18 Please find attached the "Chain of Custody" for your use in getting your drug test completed. Please 19 proceed to Fox Medical to have your blood test and physical completed.

20 21 I will forward the required documents and identification needed once the audit of your New Hire 22 Packet has been completed. I expect that to be completed and sent to you before the end of the day.

23 24 In closing I want to say I do understand your frustration but under the current situation there really 25 isn't any other way to proceed. We are all on the same team and working on the same goal so 26 collectively we will find a solution to all your concerns.

27 28 Thank you, 29 30 Christy L. Vanderpool 31 Office Manager 32 Gator Dredging 33 13630 50th Way N 34 Clearwater, FL 33760 35 Phone: 727-527-1300 EXT: 21 36 Cell: 727-504-6146 37 Fax: 727-499-9890 38 Email: christy@gatordredging.com 39 Website: www.gatordredging.com 40 Page C163 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 New Hire Paperwork 2 Monday, August 31, 2015 11:20 AM 3 From:

4 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

5 To:

6 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

7 Cc:

8 "karen.swope77@yahoo.com" <karen.swope77@yahoo.com> "Karen Swope" 9 <k.swope@gatordredging.com>

10 1 Files 11 7KB 12 Download All 13 14 JPG 15 image001.jpg 16 7KB 17 Save 18 19 Andrew, 20 21 I am making arrangements for Karen, Field Admin to meet you at the gate at Turkey Point at 8 am, 22 will this work for you? You may complete your New Hire Paperwork at that time and you make the 23 copies of your ID to forward via USPS. I will need a copy of your drivers license for Insurance 24 purposes so please include that with the items your sending USPS if you are not able to forward via 25 email. Karen will provide you with a mileage report to record your travel miles and submit along 26 with your receipts for the motel. I will have your expenses direct deposited as soon as I receive your 27 completed New Hire Packet. Please be sure to include a voided blank check with your Direct 28 Deposit Authorization.

29 30 Please advise asap if you are able to meet at 8 am so I may advise Karen.

31 32 Thank you, 33 34 Christy L. Vanderpool 35 Office Manager 36 Gator Dredging 37 13630 50th Way N 38 Clearwater, FL 33760 39 Phone: 727-527-1300 EXT: 21 40 Cell: 727-504-6146 41 Fax: 727-499-9890 42 Email: christy@gatordredging.com 43 Website: www.gatordredging.com 44 Page C164 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 CONFIRMATION 8 am, Tuesday, September 1, 2015, Turkey Point gate Re: New Hire Paperwork; 2 Gator - Work Plan for Week of 8/31 to 8/4 3 Monday, August 31, 2015 12:41 PM 4 From:

5 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

6 To:

7 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com> "Tyler McDougal" 8 <tyler@gatordredging.com>

9 Cc:

10 "karen.swope77@yahoo.com" <karen.swope77@yahoo.com> "Karen Swope" 11 <k.swope@gatordredging.com>

12 Homestead FL 13 14 August , 2015 15 16 Christy L. Vanderpool Office Manager 17 Gator Dredging 18 13630 50th Way N 19 Clearwater, FL 33760 20 Phone: 727-527-1300 EXT: 21 21 Cell: 727-504-6146 22 Fax: 727-499-9890 23 Email: christy@gatordredging.com 24 Website: www.gatordredging.com 25 26 from the desk of Andrew DeSalvo 27 28 MEMORANDUM FOR: "Christy Vanderpool - Gator Dredging" 29 30

SUBJECT:

CONFIRMATION 8 am, Tuesday, September 1, 2015, Turkey Point gate Re: New Hire 31 Paperwork; Gator - Work Plan for Week of 8/31 to 8/4 32 33 My dear Ms. Vanderpool; / Christy 34 35 I will meet Karen Swope, Field Admin - Gator Dredging, at 8 am, Tuesday, September 1, 2015, at 36 Turkey Point gate, to complete the New Hire Paperwork Gator Dredging.

37 38 Thanks again for your interest in my qualifications; and, for the Offer of Employment - Survey 39 Crew Chief, with Waterfront Property Services, LLC (dba Gator Dredging).

40 41 Yours sincerely, 42 43 ANDREW DeSALVO 44 (206)579-5021 45 andrew.desalvo@yahoo.com 46 47 cc: Karen Swope Page C165 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Turkey Point - Background 2 Monday, August 31, 2015 1:18 PM 3 From:

4 "Tyler McDougal" <tyler@gatordredging.com>

5 To:

6 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

7 10 Files 8 2 MB 9 Download All 10 11 JPG 12 image001.jpg 13 6KB 14 Save 15 16 17 PNG 18 image002.png 19 3KB 20 Save 21 22 23 PNG 24 image003.png 25 4KB 26 Save 27 28 29 PDF 30 A - SECTION 1 OVERVIEW MAP (24 X 36).pdf 31 2 MB 32 Save 33 34 35 PDF 36 CONTRACT EXHIBIT - FIGURE A 31-2015.pdf 37 87KB 38 Save 39 40 41 PDF 42 turkey point - overview.pdf 43 147KB 44 Save 45 46 47 PDF 48 LM 13 316.pdf Page C167 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 95KB 2 Save 3

4 5 PDF 6 turkey point ramp and benchmark.pdf 7 163KB 8 Save 9

10 11 PDF 12 S01_C05W_CS_38+00 to 49+00.pdf 13 40KB 14 Save 15 16 17 PDF 18 S01_C05W_VOL_38+00 to 49+00.pdf 19 7KB 20 Save 21 22 Andrew, 23 24 It was nice speaking to you today and finding more about your capabilities.

25 26 Apologize for the confusion on the schedule/timeline to implement RTK technology.

27 28 I am very unaware of its detailed capabilities - hence why you are here - and did not mean to bring 29 pressure into implementing the system and getting it ordered.

30 31 Management asked if it was possible to have system ordered so it would be ready upon your arrival 32 - hence why I forwarded you my preliminary research, tasks we will be using the equipment and 33 posed the question if it was as simple as ordering the equipment and getting it delivered.

34 35 With our advanced technology in the respect of design and implementation using CAD / HYPACK 36 (design) and DREDGEPACK (implementation/construction) software - I see why it is very 37 important to order a data collection and field stake-out system (survey/data collection) that will be 38 compatible with that software. It took my an hour or so of thought after our conversation to realize 39 the exact points you were making.. bare with me.. its a Monday.. and I am under the weather today.

40 41 I feel that once an advanced or up to current technology survey/data collection system is 42 implemented - we will be cutting edge in our business. Looking forward to getting that going with 43 you.

44 45 Rest assured - we do not have to implement this system your first week. I believe a 2 month goal is 46 appropriate. Anything sooner than this goal will be a great success. We do have engineering and IT 47 assistance available and capable of merging all the systems together and implementing them. Again 48 we already have the design and build softwares and technology in progress and working great. We Page C168 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 have a below average survey/data collection process in progress that I will show you this week. It is 2 cumbersome but it works great, especially on smaller scale projects.

3 4 There will be a learning curve for our engineers and IT staff to get the computer or bench side of 5 the RTK system in motion. So bare with us on that.

6 7 I probably miss-spoke several times when discussing centerlines and offsets.. We do have an 8 established canal centerline for the job and we do calculate volumes and sections based on centerline 9 offset and pre versus post xyz information. We have a desired finished dredge template - but as I 10 discussed.. there are many variables which prevent us from reaching the desired goal and our 11 product is always deemed acceptable by the client. I am also attaching the vertical control point we 12 are using and maps of where our jobsite trailer, work area and boat ramp are. Hopefully this will 13 help you get your bearings.

14 15 Finally I attached a finished product (example) of our cross-sections and volume report we generate 16 and submit to client for payment. We do this using HYPACK software. We do not have any 17 dredge control systems on our excavators because the bedrock limits us from meeting the ideal 18 template - otherwise we would have installed in all the machines. It doesnt make logical or 19 financial sense to install DREDGEPACK on any of the machines because of the rock preventing us 20 from reaching desired template in 90% of our instances of work.

21 22 Hopefully this helps your understanding of the project and our situation.

23 24 First day we meet I plan to go through all of this in detail with you so you have great background 25 knowledge of this project, our company and processes and goals going forward. We can then get 26 some work done, come up with a plan for the system we want to implement, purchase and 27 implement the system and then we will be running at full stride.

28 29 I think it will take a month or two to get to full stride.. until then I hope you can bare with us and 30 help us.. and hopefully it will not take that long. We have plenty of work for all for a long time and 31 we have a great team so I see very good things in our futures.

32 33 Let me know if you have any questions. Again this is for your information and background - we 34 will go over everything in detail tomorrow so you dont have to feel rushed. Glad your trip to 35 Florida went well.

36 37 See you tomorrow.

38 39 Sincerely, 40 41 Tyler McDougal, PE 42 Operations Engineering Manager 43 Gator Dredging 44 13630 50th Way North 45 Clearwater, FL 33760 46 Phone: 727.527.1300 Voicemail Code: 224 47 Fax: 727.527.1303 48 Mobile: 727.776.8910 Page C169 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Email:tyler@gatordredging.com 2 www.gatordredging.com Page C170 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 MILEAGE, TIME CARD, RECEIPTS Fw: RE: TRANSMITTAL; Andrew DeSalvo Re: Survey 2 Crew Chief Position, Homestead, FL 3 Wednesday, September 2, 2015 10:05 AM 4 From:

5 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

6 To:

7 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

8 3 Files 9 2 MB 10 Download All 11 12 PDF 13 Turkey Point Access Entry Instructions.pdf 14 595KB 15 Save 16 17 18 PDF 19 TURKEY POINT NEW HIRE LOCATIONS.pdf 20 295KB 21 Save 22 23 24 PDF 25 HQ to Floridian Hotel.pdf 26 1 MB 27 Save 28 29 30 Homestead FL 31 32 September 2, 2015 33 34 Christy L. Vanderpool Office Manager 35 Gator Dredging 36 13630 50th Way N 37 Clearwater, FL 33760 38 Phone: 727-527-1300 39 Fax: 727-499-9890 40 Email: christy@gatordredging.com 41 Website: www.gatordredging.com 42 43 from the desk of Andrew DeSalvo 44 45 MEMORANDUM FOR: "Christy Vanderpool - Gator Dredging" 46 47

SUBJECT:

MILEAGE, TIME CARD, RECEIPTS Fw: RE: TRANSMITTAL; Andrew DeSalvo 48 Re: Survey Crew Chief Position, Homestead, FL Page C171 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 My dear Ms. Vanderpool; 3

4 I have made a TRANSMITTAL [eleven (11) pages with cover sheet] via fax of the MILEAGE, 5 TIME CARD, RECEIPTS, (with Offer of Employment attached), as requested.

6 7 Please call me at (727)460-4880 to CONFIRM TRANSMITTAL of the MILEAGE, TIME CARD, 8 RECEIPTS, (with Offer of Employment attached).

9 10 Yours sincerely, 11 12 ANDREW DeSALVO 13 (206)579-5021 14 andrew.desalvo@yahoo.com 15 16 attachment Page C172 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Fw: Gator - Work Plan for Week of 8/31 to 8/4 2 Wednesday, September 2, 2015 10:08 AM 3 From:

4 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

5 To:

6 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

7 4 Files 8 28KB 9

10 JPG 11 image001.jpg 12 6KB 13 Save 14 15 16 PNG 17 image002.png 18 3KB 19 Save 20 21 22 PNG 23 image003.png 24 4KB 25 Save 26 27 28 DOCX 29 Types of Survey and Quality Control Tasks for RTK GPS.DOCX 30 15KB 31 Save 32 33 Homestead FL 34 35 September 2, 2015 36 37 from the desk of Andrew DeSalvo 38 39 MEMORANDUM FOR:

40 41

SUBJECT:

42 43 Yours sincerely, 44 45 ANDREW DeSALVO 46 (206)579-5021 47 andrew.desalvo@yahoo.com Page C173 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 DOCX 3 Types of Survey and Quality Control Tasks for RTK GPS.DOCX 4 15KB 5 Save Page C174 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Andrew DeSalvo; Gator - Work Plan for Week of 8/31 to 8/4 Fw: Turkey Point - Background 2 Wednesday, September 2, 2015 10:32 AM 3 From:

4 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

5 To:

6 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

7 12 Files 8 10 MB 9 Download All 10 11 PDF 12 A - SECTION 1 OVERVIEW MAP (24 X 36).pdf 13 2 MB 14 Save 15 16 17 PDF 18 CONTRACT EXHIBIT - FIGURE A 31-2015.pdf 19 87KB 20 Save 21 22 23 PDF 24 turkey point - overview.pdf 25 147KB 26 Save 27 28 29 PDF 30 LM 13 316.pdf 31 95KB 32 Save 33 34 35 PDF 36 turkey point ramp and benchmark.pdf 37 163KB 38 Save 39 40 41 PDF 42 S01_C05W_CS_38+00 to 49+00.pdf 43 40KB 44 Save 45 46 47 PDF 48 S01_C05W_VOL_38+00 to 49+00.pdf Page C175 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 7KB 2 Save 3

4 5 PDF 6 022482-2230B_TrimbleTablet_DS_0713_LR.pdf 7 328KB 8 Save 9

10 11 PDF 12 022482-1623D-4_Trimble Marine Solutions_BRO_0315_LR (1).pdf 13 775KB 14 Save 15 16 17 PDF 18 022482-2331A-2 Datasheet - SCS900 Site Controller Software.pdf 19 4 MB 20 Save 21 22 23 PDF 24 CardSound_FL_DGPS_OA_June2013.pdf 25 419KB 26 Save 27 28 29 PDF 30 DREDGEPACK_Brochure.pdf 31 2 MB 32 Save 33 34 Homestead FL 35 36 September 2, 2015 37 38 from the desk of Andrew DeSalvo 39 40 MEMORANDUM FOR: "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

41 42

SUBJECT:

Gator - Work Plan for Week of 8/31 to 8/4 Fw: Turkey Point - Background 43 44 --- On Mon, 8/31/15, Tyler McDougal <tyler@gatordredging.com> wrote:

45 46 From: Tyler McDougal <tyler@gatordredging.com>

47

Subject:

Gator - Work Plan for Week of 8/31 to 8/4 48 To: "DeSalvo, Andrew" <andrew.desalvo@yahoo.com>

Page C176 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Date: Monday, August 31, 2015, 10:17 AM 2

3 Andrew, 4

5 I am in the office in Clearwater today if you need anything. I am having trouble going through the 6 Floridian to get in touch with you so it would probably be easier to reach me.

7 8 My new office number and extension is (727) 527-1300 ext. 24.

9 10 If you could get the background check and health screening items done today it would be great.

11 12 I will be there tomorrow afternoon to get you started.

13 14 Summary of plan for you this week:

15 16

Monday - Andrew gets background check, health screening tests completed. Perform some 17 research on two current RTK set ups, find several more and do some quick research on them.. This 18 research can continue through Tuesday early afternoon. Please write down all your hours worked 19 on all these items.

20 21

Tuesday - Finalize research on the RTK set-ups. Meet with Tyler on job site around 3pm 22 (Tyler to confirm) to finalize new hire paperwork and discuss your findings on the RTK 23 equipment. Tyler can issue you a company cell phone at this time.

24 25

Wednesday - Load up crews on vessels and do post-dredge survey work in Section 1 of canal 26 system using current Differential GPS methods. One (1) three man crew.

27 28 Yours sincerely, 29 30 ANDREW DeSALVO 31 (206)579-5021 32 andrew.desalvo@yahoo.com 33 34 attachments 35 36 PDF 37 S01_C05W_CS_38+00 to 49+00.pdf 38 40KB 39 40 PDF 41 S01_C05W_VOL_38+00 to 49+00.pdf 42 7KB 43 44 PDF 45 022482-2230B_TrimbleTablet_DS_0713_LR.pdf 46 328KB 47 48 PDF Page C177 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 022482-1623D-4_Trimble Marine Solutions_BRO_0315_LR (1).pdf 2 775KB 3

4 PDF 5 022482-2331A-2 Datasheet - SCS900 Site Controller Software.pdf 6 4 MB 7

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 RE: Andrew DeSalvo; Gator - Work Plan for Week of 8/31 to 8/4 Fw: Turkey Point - Background 2 Wednesday, September 2, 2015 10:51 AM 3 From:

4 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

5 To:

6 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

7 Cc:

8 "Tyler McDougal" <tyler@gatordredging.com> "William Coughlin" <bill@gatordredging.com>

9 Mr. DeSalvo, 10 11 You will be paid as outlined in your "Offer of Employment". I will not talk with you any further.

12 13 Regards, 14 Christy L. Vanderpool 15 Office Manager 16 Gator Dredging 17 13630 50th Way N 18 Clearwater, FL 33760 19 Phone: 727-527-1300 EXT: 21 20 Cell: 727-504-6146 21 Fax: 727-499-9890 22 Email: christy@gatordredging.com 23 Website: www.gatordredging.com 24 Page C179 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 Reimbursement 2 Wednesday, September 2, 2015 1:15 PM 3 From:

4 "Christy Vanderpool - Gator Dredging" <Christy@gatordredging.com>

5 To:

6 "DeSalvo Andrew" <andrew.desalvo@yahoo.com>

7 Cc:

8 "William Coughlin" <bill@gatordredging.com> "Tyler McDougal" <tyler@gatordredging.com>

9 2 Files 10 17KB 11 Andrew, 12 13 The attached indicates your total expense reimbursement and payroll as outlined in your Offer of 14 Employment. Your expense reimbursement and payroll will be direct deposited into the bank you 15 indicated and authorized in the Direct Deposit Agreement. The funds will be available sometime 16 after midnight tonight depending on who you bank with. If you have questions regarding this 17 process you will need to contact your bank directly as Gator Dredging does not control in any way 18 how various banks process direct deposits.

19 20 Regards, 21 Christy L. Vanderpool 22 Office Manager 23 Gator Dredging 24 13630 50th Way N 25 Clearwater, FL 33760 26 Phone: 727-527-1300 EXT: 21 27 Cell: 727-504-6146 28 Fax: 727-499-9890 29 Email: christy@gatordredging.com 30 Website: www.gatordredging.com Page C180 of C180

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1

2 3

4 5

6 FIRST AMENDMENT 7

8 CITATION 9

10 BOARD OF PROFESSIONAL ENGINEERS 11 CHAPTER 61G15-18 12 ORGANIZATION AND PURPOSE 13 61G15-18.011 Definitions.

14 Page C1 of C4

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 BOARD OF PROFESSIONAL ENGINEERS 2 CHAPTER 61G15-18 3 ORGANIZATION AND PURPOSE 4 61G15-18.011 Definitions.

5 As used in Chapter 471, F.S., and in these rules where the context will permit the following terms 6 have the following meanings:

7 (1) Responsible Charge shall mean that degree of control an engineer is required to maintain over 8 engineering decisions made personally or by others over which the engineer exercises supervisory 9 direction and control authority. The engineer in responsible charge is the Engineer of Record as 10 defined in subsection 61G15-30.002(1), F.A.C.

11 (a) The degree of control necessary for the Engineer of Record shall be such that the engineer:

12 1. Personally makes engineering decisions or reviews and approves proposed decisions prior to their 13 implementation, including the consideration of alternatives, whenever engineering decisions which 14 could affect the health, safety and welfare of the public are made. In making said engineering 15 decisions, the engineer shall be physically present or, if not physically present, be available in a 16 reasonable period of time, through the use of electronic communication devices, such as electronic 17 mail, videoconferencing, teleconferencing, computer networking, or via facsimile transmission.

18 2. Judges the validity and applicability of recommendations prior to their incorporation into the 19 work, including the qualifications of those making the recommendations.

20 3. Approves the inclusion of standard engineering design details into the engineering work. Standard 21 engineering design details include details mandated or directed to be contained in engineering 22 documents by governmental agencies (such as the Florida Department of Transportation); and 23 details contained in engineering design manuals and catalogues that are generally accepted as 24 authoritative in the engineering profession. In order to approve the inclusion of such details the 25 Engineer of Record must conduct such reasonable analysis of the content of the standard detail(s) as 26 is necessary in the sound professional judgment of the Engineer of Record to be assured that the 27 inclusion of such detail(s) into the engineering work is acceptable engineering practice.

28 (b) Engineering decisions which must be made by and are the responsibility of the Engineer of 29 Record are those decisions concerning permanent or temporary work which could create a danger to 30 the health, safety, and welfare of the public, such as, but not limited to, the following:

31 1. The selection of engineering alternatives to be investigated and the comparison of alternatives for 32 engineering works.

33 2. The selection or development of design standards or methods, and materials to be used.

Page C2 of C4

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 3. The selection or development of techniques or methods of testing to be used in evaluating 2 materials or completed works, either new or existing.

3 4. The development and control of operating and maintenance procedures.

4 (c) As a test to evaluate whether an engineer is the Engineer of Record, the following shall be 5 considered:

6 1. The engineer shall be capable of answering questions relevant to the engineering decisions made 7 during the engineers work on the project, in sufficient detail as to leave little doubt as to the 8 engineers proficiency for the work performed and involvement in said work. It is not necessary to 9 defend decisions as in an adversary situation, but only to demonstrate that the engineer in 10 responsible charge made them and possessed sufficient knowledge of the project to make them.

11 Examples of questions to be answered by the engineer could relate to criteria for design, applicable 12 codes and standards, methods of analysis, selection of materials and systems, economics of alternate 13 solutions, and environmental considerations. The individuals should be able to clearly define the 14 span and degree of control and how it was exercised and to demonstrate that the engineer was 15 answerable within said span and degree of control necessary for the engineering work done.

16 2. The engineer shall be completely in charge of, and satisfied with, the engineering aspects of the 17 project.

18 3. The engineer shall have the ability to review design work at any time during the development of 19 the project and shall be available to exercise judgment in reviewing these documents.

20 4. The engineer shall have personal knowledge of the technical abilities of the technical personnel 21 doing the work and be satisfied that these capabilities are sufficient for the performance of the work.

22 (d) The term responsible charge relates to engineering decisions within the purview of the 23 Professional Engineers Act and does not refer to management control in a hierarchy of professional 24 engineers except as each of the individuals in the hierarchy exercises independent engineering 25 judgement and thus responsible charge. It does not refer to administrative and personnel 26 management functions. While an engineer may also have such duties in this position, it should not 27 enhance or decrease ones status of being in responsible charge of the work. The phrase does not 28 refer to the concept of financial liability.

29 (2) Engineering Design shall mean that the process of devising a system, component, or process 30 to meet desired needs. It is a decision-making process (often iterative), in which the basic sciences, 31 mathematics, and engineering sciences are applied to convert resources optimally to meet a stated 32 objective. Among the fundamental elements of the design process are the establishment of 33 objectives and criteria, synthesis, analysis, construction, testing and evaluation. Central to the process 34 are the essential and complementary roles of synthesis and analysis. This definition is intended to be 35 interpreted in its broadest sense. In particular the words system, component, or process and Page C3 of C4

Issue Id: 0004 2501 89-01 REASON FOR APPEAL Claimant Id: 8650254 1 convert resources optimally operate to indicate that sociological, economic, aesthetic, legal, ethical, 2 etc., considerations can be included.

3 (3) The term evaluation of engineering works and systems as used in the definition in the practice 4 of engineering set forth in Chapter 471.005(4)(a), F.S., includes but is not limited to services 5 provided by testing laboratories involving the following:

6 (a) The planning and implementation of any investigation or testing program for the purpose of 7 developing design criteria either by an engineering testing laboratory or other professional engineers.

8 (b) The planning or implementation of any investigation, inspection or testing program for the 9 purpose of determining the causes of failures.

10 (c) The preparation of any report documenting soils or other construction materials test data.

11 (d) The preparation of any report offering any engineering evaluation, advice or test results, 12 whenever such reports go beyond the tabulation of test data. Reports which document soils or other 13 construction materials test data will be considered as engineering reports.

14 (e) Services performed by any entity or provided by a testing laboratory for any entity subject to 15 regulation by a state or federal regulatory agency which enforces standards as to testing shall be 16 exempt from this rule except where the services otherwise would require the participation of a 17 professional engineer.

18 (4) Certification shall mean a statement signed and sealed by a professional engineer representing 19 that the engineering services addressed therein, as defined in Section 471.005(6), F.S., have been 20 performed by the professional engineer, and based upon the professional engineers knowledge, 21 information and belief, and in accordance with commonly accepted procedures consistent with 22 applicable standards of practice, and is not a guaranty or warranty, either expressed or implied.

23 (5) The term principal officer(s) of the business organization as used in Section 471.023(1), F.S.,

24 means the (a) President, Vice President, Secretary or Treasurer of the Corporation, or Limited 25 Liability Company (LLC); or (b) any other officer who has management responsibilities in the 26 corporation or LLC, as documented by the corporate charter or bylaws so long as such 27 documentation provides that such officer is empowered to bind the corporation or LLC in all of its 28 activities which fall within the definition of the practice of engineering as that term is defined in 29 Section 471.005(7), F.S.

30 Rulemaking Authority 471.008, 471.013(1)(a)1., 2. FS. Law Implemented 471.003(2)(f), 471.005(7),

31 471.005(6), 471.013(1)(a)1., 2., 471.023(1), 471.025(3), 471.033(1)(j) FS. History-New 6-23-80, Amended 32 12-19-82, 11-22-83, Formerly 21H-18.11, Amended 1-16-91, 4-4-93, Formerly 21H-18.011, Amended 12-33 22-99, 4-19-01, 10-16-02, 9-15-04, 6-5-08, 6-2-09, 2-2-12.

34 https://www.fbpe.org/index.php/legal/statues-and-rules Page C4 of C4