5-Exhibit H Environmental Protection.pdf

ENVIRONMENTAL PROTECTION EP-1

EXHIBIT H

ENVIRONMENTAL PROTECTION

1.0 SCOPE

The Work covered by this section consists of furnishing all labor, materials, and equipment and performing all Work required for the prevention of resource damage, environmental pollution, and degradation during and as the result of construction operations under this CONTRACT except for those measures set forth in the Technical Requirements.

2.0 APPLICABLE REGULATIONS

In order to prevent, and to provide for abatement and control of, any Environmental Pollution or resource damage arising from the construction activities of the CONTRACTOR and their Subcontractors in the performance of this CONTRACT, they shall comply with all applicable Federal, state, and local laws, and regulations concerning environmental pollution control and abatement, and all applicable provisions of the U.S. Army Corps of Engineers Manual, EM 385- 1-1, entitled "Safety and Health Requirements Manual", in effect on the date of solicitation, as well as the specific Project related requirements stated elsewhere in the CONTRACT specifications and applicable State and Federal permits issued for the Work.

3.0 PERMITS

As of the advertisement of this Invitation for Bid, the Town has been issued both the SCDES (PN 2023-01324) and USACE (PN SAC-2023-01324) permits for this project, as attached in Exhibit P

4.0 NOTIFICATION

The Engineer will notify the CONTRACTOR of any observed noncompliance with the Federal, state, or local laws, regulations, or permits. The CONTRACTOR shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the CONTRACTOR or their authorized representative at the site of the Work, shall be deemed sufficient for the purpose. If the CONTRACTOR fails or refuses to comply promptly, the Engineer may issue an order stopping all or part of the Work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for excess costs or damages by the CONTRACTOR unless it were later determined that the CONTRACTOR was in full and complete compliance.

5.0 SUBCONTRACTORS

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Compliance with the provisions of this section by Subcontractors will be the responsibility of the

CONTRACTOR.

6.0 IMPLEMENTATION

Prior to commencement of the Work, the CONTRACTOR will meet with representatives of the TOWN and Engineer to develop mutual understandings relative to compliance with this provision, the project permits, and administration of the Environmental Pollution Control Program. The CONTRACTOR shall also prepare and submit an Environmental Protection Plan to the Engineer prior to the pre-construction conference.

7.0 PROTECTION OF LAND RESOURCES

7.1. General. It is intended that the land and water resources within the Project boundaries and outside the limits of permanent Work performed under this CONTRACT be preserved in their present condition or be restored to a condition after completion of construction that will appear to be natural and not detract from the appearance of the Project. Insofar as possible, the CONTRACTOR shall confine their construction activities to areas defined by the Plans, Specifications, and permits.

7.2. Location of Construction, Staging, and Storage Facilities. The CONTRACTOR's field offices, staging areas, stockpile storage, and temporary buildings shall be placed in areas designated on the Drawings or determined by the TOWN.

Temporary movement or relocation of CONTRACTOR facilities shall be made only on written approval by the Engineer.

7.3. Protection of Landscape. Trees, shrubs, vines, grasses, landforms, and other landscape features within and adjacent to the Work area to be preserved shall be identified by the Town or Engineer, and clearly delineated by the CONTRACTOR, by marking, fencing, or wrapping with boards, or any other techniques approved by the Town. Unless otherwise approved by the Town, no trees, shrubs, vines, grasses or other vegetation may be harmed or destroyed by the CONTRACTOR for any purpose.

7.4. Post-construction Cleanup or Obliteration. The CONTRACTOR shall remove all signs of temporary construction facilities such as Work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, or any

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other vestiges of construction, and return such areas to their preconstruction condition or a comparable condition acceptable to the Engineer and Town.

7.5. Temporary Excavations. Embankments for plant and/or Work areas shall be controlled by the CONTRACTOR to protect adjacent areas from despoilment.

7.6. Disposal of Solid Wastes. Solid wastes, including clearing debris, shall be placed in containers, which are removed from the beach area and emptied on a regular schedule. The CONTRACTOR shall empty containers when three-quarters full and shall avoid overflow conditions. All handling and disposal shall be conducted to prevent contamination. No steel, cables, wire, pipe, drums or any other debris shall be permitted to be disposed into the waters of the Atlantic Ocean or any other water body. Disposal of solid wastes or debris in the Atlantic Ocean or any port, waterway, or estuary is a violation of state and Federal laws. If such debris is found, the debris shall be removed by the CONTRACTOR at their own cost, or the cost of removal deducted from the CONTRACTOR's final payment. CONTRACTOR shall utilize predator (animal)-proof trash and debris receptacles with appropriate seals and lids.

7.7. Disposal of Chemical Waste. Chemical waste shall be stored in corrosion-resistant containers, removed from the Work area and disposed of in accordance with Federal, state, and local regulations. The CONTRACTOR shall perform all maintenance of equipment, including, but not limited to, refueling, filter changes, and replacement of hydraulic lines in a manner so as not to contaminate soils, ground or surface waters, or any other natural resources.

7.8. Disposal of Discarded Materials. Discarded materials other than those which can be included in the solid waste or chemical category, shall be handled by the CONTRACTOR as directed by the Engineer or Town.

7.9. Protection of Air Resources. The CONTRACTOR shall keep construction activities under surveillance, management, and control to minimize pollution of air resources.

All activities, equipment, processes, and work operated or performed by the CONTRACTOR in accomplishing the specified construction shall be in strict compliance with Federal, state, and local laws and standards related to emissions and air pollution.

7.10. Protection of Sound Intrusions. The CONTRACTOR shall keep construction activities under surveillance, and control to minimize damage to the environment by noise. The CONTRACTOR shall provide and maintain adequate muffler systems on all vehicles used during Project construction. The use of horns, bells, or

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the use of whistle signals shall be held to the minimum necessary to ensure as safe and as quiet an operation as possible. The CONTRACTOR shall conduct their operations to comply with all Federal, state, and local laws or ordinances pertaining to noise abatement.

7.11. Dispensing of Fuel. For each fuel storage tank, the CONTRACTOR must provide secondary containment which can hold at minimum 110% of the tank contents. Fuel dispensers shall have a 4-foot square, minimum 16-gauge metal pan with borders banded up and welded at corners right below the bibb. Edges of the pans shall be a minimum of 8 inches in depth to ascertain that no contamination of the ground takes place. Pans shall be cleaned by an approved method immediately after every dispensing of fuel and wastes disposed of offsite in an approved area. If any spilling of fuel occurs, the CONTRACTOR shall immediately contain the spill and contact the appropriate local authorities. The CONTRACTOR shall be solely responsible for any fines, penalties or other legal activities related to fuel spills.

7.12. Temporary Sanitary Facility. The CONTRACTOR shall supply and maintain, at minimum, one temporary sanitary facility (portable restroom) for the use of land-based employees and subcontractors. The facility shall be conveniently located in the vicinity of the construction operation, but away from residential buildings along the coastline. The facility shall be removed at the end of the Project.

7.13. Storage of Lubricants. All lubricants and other potential liquid pollutants shall be stored in sealed, non-corrosive containers. Individual containers shall be stored in metal pans with borders banded up and welded at the corners right below the bibb.

Pans shall be deep enough to prevent contamination of the ground. Pans shall be kept clean of all spillage or leakage.

7.14. Oil and Hazardous Material Spills and Containment. The CONTRACTOR shall ensure that all hazardous material spills are immediately reported to the proper authorities and to the Town. All hazardous material spills shall be immediately cleaned up in accordance with the U.S. Army Corps of Engineers' Safety and Health Requirements Manual, EM 385-1-1. In accordance with EM 385-1-1, the CONTRACTOR shall use suitable methods such as dikes or curbs to prevent the spread of hazardous materials from above ground storage tanks and piping in case of leakage.

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8.0 PROTECTION OF WATER RESOURCES

The CONTRACTOR shall comply with all state and Federal regulations regarding water quality and all conditions specified in the USACE and SCDES permits or certifications.

8.1. The CONTRACTOR will not discharge or permit discharge into the waters of swashes, waterways, ditches, outfalls, etc., any fuels, oils, bitumen, garbage, sewage, or other material which may be harmful to fish, wildlife, or vegetation, or that may be detrimental to outdoor recreation or beach use activities. The CONTRACTOR will be responsible for investigating and complying with all applicable Federal, state, and local laws and regulations governing pollution of waters. All work under this CONTRACT shall be performed in such a manner that objectionable conditions will not be created in waters through or adjacent to the Project area.

8.2. The CONTRACTOR is warned that pumping oil or bilge water containing oil into navigable waters, or into areas which would permit the oil to flow into such waters, is prohibited. June 1924, (re Stat. 604 et. seq.; 33 U.S.C. 431 et seq.) and Section 13 of the Rivers and Harbors Act of 1899, approved 3 March, 1899 (30 stat. 1152;

33 U.S.C. 407). Violation of this prohibition is subject to penalties provided under the referenced acts.

8.3. Turbidity. Excavation and filling operations shall be done in a manner that will minimize turbidity of the water at the project area so as to maintain State water quality standards. If excessive turbidity occurs, as determined by the State or the Engineer, the CONTRACTOR shall change their operating procedure to reduce the degree of turbidity. The CONTRACTOR shall abide by all turbidity control requirements addressed by the Project permits.

9.0 DUST CONTROL

The CONTRACTOR will be required to maintain all access roads and all other work areas within or without the Project boundaries free from dust which would cause a hazard or nuisance to others.

10.0 ENDANGERED SPECIES PROTECTION

10.1. General. The CONTRACTOR will be required to abide by and implement all safeguards, reporting criteria, lighting requirements and other measures required by State and Federal Permits to protect threatened and/or endangered species during the period of Project construction. Specific requirements set forth by the U.S. Fish

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and Wildlife Service (USFWS) in the “Biological and Conference Opinion - Town of Hilton Head Island Beach Renourishment Project” (dated 8 August 2024) and subsequent letter Amendment (dated 15 January 2025), and by the National Marine Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion (issued: 27 March 2020, revised: 30 July 2020) are attached to the U.S. Army Corps of Engineers (USACE) Federal Permit. The Biological Opinion (BO) addresses the protection of sea turtles and foraging shorebirds. The CONTRACTOR is referred to the USACE Permit and USFWS and NMFS BO for specific requirements for the protection of endangered and threatened species. The terms and conditions of the BO are provided as attachments to the SCDES and USACE permits.

10.2. Nesting Sea Turtles. The USACE Permit provides Terms and Conditions for the protection of nesting sea turtles and deposited sea turtle nests on the existing beach and constructed beach fill. The TOWN will provide all sea turtle monitoring services described in the permit conditions. The CONTRACTOR shall coordinate with the TOWN’s Sea Turtle Monitoring Permit Holder to preclude any interference between the construction activities and nesting sea turtles and deposited sea turtle nests.

10.3. Foraging Shorebirds. The USACE Permit provides Terms and Conditions for the protection of foraging shorebirds on the existing beach and constructed beach fill.

The TOWN will provide all shorebird monitoring services described in the permit conditions. The CONTRACTOR shall coordinate with the TOWN’s shorebird monitor to preclude any interference between the construction activities and foraging shorebirds.

11.0 PAYMENT

No separate or direct payment will be made for the items covered by this section of the Specifications and all costs thereof shall be considered incident to and included in the applicable CONTRACT unit prices.