A04_-_SAFR_Kulm_WMD_-__Performance_Work_Statement_(PWS).pdf

PERFORMANCE WORK STATEMENT (PWS)

Small Arms Firing Range (SAFR) Remediation at Kulm Wetland Management District (WMD)

General Information

1. GENERAL: This is a non-personnel services contract to provide Small Arms Firing Range (SAFR)

Remediation at Kulm WMD. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Small Arms Firing Range (SAFR) Remediation at Kulm WMD as defined in this Performance

Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Kulm Wetland Management District former firing range was used by Law

Enforcement Officers and Refuge Staff, for training and annual re-qualifications, for at least 25 years, however the amount of shooting or lead contamination has not been documented. The shooting area was abandoned several years ago. The firing line distance to target is about 75 feet. It is anticipated the area of greatest concern is the berms face to a depth of three feet located behind where the timber cribbing was located and the firing line. The berm is estimated to be 108 feet Long, 38 feet Wide, and 10 feet high.

1.3 Objectives: The work includes but is not limited to:

• Register the Small Arms Firing Range (SAFR) Remediation at Kulm WMD project with North

Dakota Environmental Quality (NDDEQ)Voluntary Response Action Program (North Dakota

Century Code §23.1-10-15: Voluntary Response Actions – Liability Protections)

• Conduct Small Arm Firing Range remediation by:

o Conducting site characterization via soil and water sampling.

o Excavation and sieving approximately 120 cubic yards of soil for bullet and bullet fragments from the berms face.

o Disposal and/or treatment of contaminated soil at an approved facility.

o Retest face of berm confirmation sampling via soil sampling. If sample come back with exceedances contact the COR and Contracting Officer to discuss removal of additional material and follow-up confirmation sampling.

• Provide a written Voluntary Response Action Completion (VRAC) Report; and obtain a

“Certification of Completion” letter from the North Dakota Environmental Quality

1.4 Scope: The contractor shall remediate the SAFR Remediation at Kulm Wetland WMD and register with the North Dakota Environmental Quality (NDDEQ) Voluntary Response Action Program (North Dakota

Century Code §23.1-10-15: Voluntary Response Actions – Liability Protections and submit a Voluntary

Response Action Completion (VRAC) Report; and obtain a “Certification of Completion” letter from the

North Dakota Environmental Quality (NDDEQ)Voluntary Response Action Program. Services include.

The contractor shall accomplish:

A. Register the SAFR Remediation at Kulm Wetland WMD with North Dakota Environmental Quality

B. The Contractor shall provide daily reports of progress on the project to the COR when active remediation activity is being conducted on-site.

C. Conduct site characterization sampling of the SAFR site.

D. Conduct Berm Backstop Face Remediation and range remediation per site characterization sampling.

E. Contractor shall comply with all Federal, State, County and local regulations when removing and disposing trash, debris, and other waste materials off Government property.

F. Conduct confirmation sampling.

G. The contractor shall submit to the FWS and NDDEQ a Voluntary Response Action Completion

(VRAC) Report.

1.5 Period of Performance: The period of performance will be as soon as possible after award to 04/30/2026.

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which they assure themselves that their work complies with the requirement of the contract.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the

Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The contractor is not required to perform services on holidays.

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:00

Am to 5:00 PM Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at Kulm

Wetland Management District Maintenance Shop near Kulm, North Dakota.

1.6.7.1 PHYSICAL Security: At the close of each work period, government facilities, equipment, and materials shall be secured. The contractor shall provide a lock that can be place in-line with U.S. Fish and

Wildlife lock to allow the contractor to access the site and secure the site when U.S. Fish and Wildlife personnel are not present. The contractor shall ensure at the end of the day when they leave that the gate is locked if after normal working hours for station.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with

Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative

(COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

The Contractor shall provide daily reports of progress on the project to the COR when the contractor is conducting active site remediation. The contractor will provide photos, and a summary of work completed each day.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering

Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.15 Data Rights : The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS: [List any terms used within the PWS that require further definition. At a minimum, insert the definitions provided below].

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS: [List all acronyms used in the PWS and what they represent. At a minimum, insert the acronyms provided below].

ACOR Alternate Contracting Officer's Representative

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CCE Contracting Center of Excellence

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

COTS Commercial-Off-the-Shelf

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

DOD Department of Defense

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

KO Contracting Officer

NDDEQ North Dakota Department of Environmental Compliance

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

SAFR Small Arms Firing Range

TE Technical Exhibit

WMD Wetland Management District

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

(This section should identify those items such as property, information and/or services that will be provided for the contractor’s use (without cost to the contractor) to allow them to provide the required services, such as materials, facilities, training, etc. Examples provided below.)

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services (If applicable): NA

3.2 Facilities (If applicable): NA

3.3 Utilities (If applicable): NA

3.4 Equipment (If applicable): NA

3.5 Materials (If applicable): NA

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

(This section is used to identify the materials and equipment that the contractor must provide. Examples provided below.)

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General (If applicable): The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance (If applicable): NA

4.3. Materials (If applicable). The Contractor shall furnish materials, supplies, and equipment necessary to meet the requirements under this PWS.

4.4. Equipment (If applicable). The Contractor shall furnish all tools, heavy equipment, dump trucks, etc.

to meet the requirements under this PWS.

PART 5

SPECIFIC TASKS

(This section is the heart of the PWS. All of the services to be performed under the contract should be described in sufficient detail here. This includes all general tasks required by the Government.)

5. Specific Tasks:

5.1. Register and Notification of NDDEQ

a. The contractor shall register the Small Arms Firing Range (SAFR) Remediation at Kulm WMD project with North Dakota Environmental Quality (NDDEQ)Voluntary Response Action Program

(North Dakota Century Code §23.1-10-15: Voluntary Response Actions – Liability Protections).

Note: This is a free program.

b. The contractor shall notify NDDEQ and FWS at least 30 days before beginning remediation work.

1. North Dakota Department of Environmental Compliance Hazardous Waste Program, Division of Waste Management at (701)328-5160.

2. United States Fish and Wildlife Service –Branch of Environmental Compliance – Contracting

Officers Representative, Robert McGinn at 612-713-5235.

3. United States Fish and Wildlife Service –Branch of Environmental Compliance – Contracting

Officers Representative, Robert McGinn at 612-713-5235.

5.2. Pre-Work Submittal

The contractor shall provide the following submittals prior to commencing work at the site:

a. Project Schedule: Contractor shall provide a project schedule to the CO, COR, and Station.

b. The submit the name and credentials of the licensed professional Environmental Consultant overseeing the project

c. Contractor shall submit name of laboratory and certification for the National Environmental

Laboratory Conference (NELAC) certified laboratory by the State of North Dakota to conduct soils and groundwater monitoring analysis. Contractor shall pay for all testing.

d. Provide certification of the Subtitled D Landfill disposal site that accepts all excavated soils.

e. Subcontractor's List: Submit a list of subcontractors who will be working on the project.

f. Provide copy of HAZWOPER Certification for employees conducting remediation work.

5.3. Characterization of SAFR from shooting line to berm.

a. Collect a minimum of two (2) clean background sample from outside the work zone and twenty-five (25) discrete random soil samples from areas within the SAFR perimeter and sample for “total metals” as shown on the contract drawings. Metals to be sampled for are Cu, Ni, Pb, Zn, Sb, Sn, and As.

b. Provide report on analysis of samples within 14 days of completion of sampling. The report shall provide State and/or Federal standard levels and any samples that exceed these levels shall be bolded and/or highlighted. If state and/or federal limits exceedances are detected the contractor shall provide a map designating the area and the amount of material that needs to be removed from the area in cubic yards to the CO and COR.

5.4. Berm Backstop Face Remediation

a. The Contractor shall take reasonable precaution to protect natural plant and tree growth outside of the earth moving limits against damage from earth moving operations. The Contractor shall be responsible for cleaning and washing all equipment prior to bringing it on site to avoid introducing invasive species, seeds, or plants to the environment.

b. Contractor shall excavate soils from berms backstop as shown on the contract drawings. Removed soil shall be contained as to not contaminate the surrounding environment.

c. Contained soils shall be sieved using a No. 4 sieve to remove lead bullets and lead fragments.

Method of soil sieving is contractors’ option on condition that all the soils are contained to prevent further contamination to the environment.

d. Lead bullets and fragments shall be removed from sieve, treated as scrap metal and recycled through a licensed recycler. A recycled waste manifest shall be given to the CO and COR.

e. Following sieving, perform SPLP or TCLP test on sieved soil and the berm backstop to determine suitability that soils may be disposed of in a certified Subtitle D landfill disposal site. (Check landfills for verification of testing required.)

1. If soils exceed hazardous levels and cannot be disposed in a Subtitle D landfill contact the

COR immediately. Note: Material is not expected be classified as hazardous.

2. Perform soil stabilization to all soils exceeding hazardous levels.

a. Method of soil stabilization shall be contractor’s choice as approved by the COR.

b. For estimating purposes two cubic yards of soil are to be stabilized by add/mix Portland cement on an average 5 percent of the soils lead concentration to total contaminated soils.

c. Properly dispose of materials.

3. Soils that meet the requirements of the Class D Landfill shall be covered while transporting to the landfill.

4. Soils that are below EPA regulator levels can stay on site.

5.5. Confirmation Sampling

a. Forty (40) random soil samples shall be obtained from the area of the excavated berm and sampled for total metals. If the samples are found to exceed Statewide Default Background Levels contact the CO and COR immediately.

b. Two groundwater samples shall be obtained from the berm face area of the excavated berm and sampled for total metals and compared to Groundwater Surface Water Interface (GSI) action levels.

1. Groundwater samples may be obtained using the “Low Flow” method.

2. If the groundwater samples exceed Groundwater Surface Water Interface (GSI) action levels contact the COR immediately.

c. Provide report on analysis of samples within 14 days of completion of sampling. The report shall provide State and/or Federal standard levels and any samples that exceed these levels shall be bolded and/or highlighted. If state and/or federal limits exceedances are detected the contractor shall provide a map designating the area and the amount of material that needs to be removed from the area in cubic yards to the CO and COR.

d. Conduct Berm Face Remediation if require per Section 5.4.

e. Repeat Confirmation Sampling per agreement with COR, base on size of are requiring additional remediation.

5.6. Voluntary Response Action Completion (VRAC) Report

The contractor shall submit to the FWS and North Dakota Department of Environmental Quality

(NDDEQ)a Voluntary Response Action Completion (VRAC) Report detailing all site activities including but not limited to the following: Site Characterization, soil sampling and analysis; soil sieving; soil excavation and soil disposal including waste manifest from the landfill disposal site; analysis and results of all soil and groundwater confirmation sampling; include tables indicating all laboratory samples to date, dates sampled, and results of each sample; any field measurement taken; References, such as maps or photos of the sampling, and certification the SAFR has been re-mediated and closed according to EPA, NDDEQ, and all, Federal, State, and local regulations.

5.7. Post SAFR Remediation Submittals

a. Provide copy of the VRAC Report to the CO, COR, and Station.

b. Provide load tickets of all soils and waste manifests of all soils and any debris removed from

Wetland Management District property.

c. Waste Manifests

1. The Contractor shall submit copies of all waste manifests.

2. Manifests shall state type of waste (i.e., construction debris, hazardous asbestos, etc.), location of disposal, landfill designation, EPA registration of landfill, and EPA registration for transportation of any hazardous wastes.

d. Certification of Completion Letter from NDDEQ

Task Heading. (If applicable) [Insert the specific task to be provided in sequential order, i.e.,5.2, 5.3, etc.

by the contractor]

PART 6

APPLICABLE PUBLICATIONS

(In this section list any publications, manuals, and/or regulations that the contractor must abide by. See example provided below.)

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS) (If applicable): (In this section list any publications, manuals, and/or regulations that the contractor must abide by. See example provided below.)

6.1. The Contractor must abide by all applicable State of North Dakota, North Dakota Department of

Environmental Quality (NDDEQ), Federal EPA, North Dakota Department of Health, and Federal OSHA regulations, publications, manuals, and local policies and procedures. (For example, insert AR 25-2, AR

530-1.)

• North Dakota Environmental Quality (NDDEQ)Voluntary Response Action

Program (North Dakota Century Code §23.1-10-15: Voluntary Response Actions

– Liability Protections

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

(Under this section list all attachments and technical exhibits that will be useful for the contractor to submit an appropriate proposal. )

7. Attachment/Technical Exhibit List:

7.1. Technical Exhibit 1 – Performance Requirements Summary

7.2.

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

(The Service required—usually a shall statement)

Standard Performance Threshold

(This is the maximum error rate. It could possibly be

“Zero deviation from standard”)

Method of

Surveillance

PRS # 1.

The contractor shall register the Small

Arms Firing Range (SAFR)

Remediation at Kulm WMD project with North Dakota Environmental

Quality (NDDEQ)Voluntary Response

Action Program (North Dakota Century

Code §23.1-10-15: Voluntary Response

Actions – Liability Protections)

The contractor must submit application to the following address:

ATTN: Voluntary Response Application North Dakota Department of Environmental Quality Office Of the Director 4201 Normandy Street Bismarck, ND 58503-1324

“Zero deviation from standard”

Copy of application sent to COR

PRS # 2

The contractor shall provide Pre-Work

Submittals to COR prior to conducting work.

a. Project Schedule: Contractor shall provide a project schedule to the CO, COR, and Station.

b. The submit the name and credentials of the licensed professional Environmental Consultant overseeing the project

c. Contractor shall submit name of laboratory and certification for the National Environmental Laboratory Conference (NELAC) certified laboratory by the State of North Dakota to conduct soils and groundwater monitoring analysis.

Contractor shall pay for all testing.

d. Provide certification of the Subtitled

D Landfill disposal site that accepts all excavated soils.

e. Subcontractor's List: Submit a list of subcontractors who will be working on the project.

f. Provide copy of HAZWOPER

Certification for employees conducting remediation work.

“Zero deviation from standard”

“Zero deviation from standard”

“Zero deviation from standard”

“Zero deviation from standard”

“Zero deviation from standard”

5% Deviation from standard”

Document provided to

COR

Document provided to

COR

Document provided to

COR

Document provided to

COR

Document provided to

COR

Document provided to

COR

PRS # 3

The contractor shall conduct characterization sampling of SAFR from shooting line to berm.

Collect a minimum of two (2) clean background sample from outside the work zone and twenty-five (25) discrete random soil samples from areas within the SAFR perimeter and sample for “total metals” as shown on the contract drawings. Metals to be sampled for are Cu, Ni, Pb, Zn, Sb, Sn, and As.

The contractor can provide an approved sampling plan from NDDEQ if they do not meet the minimum sampling requirements listed.

COR review of sampling plan.

PRS # 4

The contractor shall provide a report on site characterization of SAFR from shooting line to berm.

Provide report on analysis of samples within 14 days of completion of sampling. The report shall provide State and/or Federal standard levels and any samples that exceed these levels shall be bolded and/or highlighted. If state and/or federal limits exceedances are detected the contractor shall provide a map designating the area and the amount of material that needs to be removed from the area in cubic yards to the CO and

COR.

7 day Deviation from standard for completion of report.

COR Review

Report

PRS # 5

The contractor shall protect site from damage and introduction of invasive species.

The Contractor shall take reasonable precaution to protect natural plant and tree growth outside of the earth moving limits against damage from earth moving operations. The Contractor shall be responsible for cleaning and washing all equipment prior to bringing it on site to avoid introducing invasive species, seeds, or plants to the environment.

5% Deviation from standard”

Review of work site by COR and/or refuge personnel.

PRS #6

The contractor shall excavate three feet of soil from face of berm.

Contractor shall excavate soils from berms backstop as shown on the contract drawings. Removed soil shall be contained as to not contaminate the surrounding environment.

The contractor can develop work plan to sample berm face or develop protocols to stop sifting soil if no lead bullet fragments are found.

Review of work plan by COR and/or confirmations sampling results showing contamination below regulated levels.

PRS #7

The contractor shall sieve soil.

Contained soils shall be sieved using a No.

4 sieve to remove lead bullets and lead fragments. Method of soil sieving is contractors’ option on condition that all the soils are contained to prevent further contamination to the environment.

Zero Deviation from standard

Daily documentation provided to

COR and/or

Site visit by

COR or refuge personnel

PRS #8

The contractor shall recycle all bulk lead.

Lead bullets and fragments shall be removed from sieve, treated as scrap metal and recycled through a licensed recycler. A recycled waste manifest shall be given to the CO and COR.

standard

Company will provide lead recycling manifest to

PRS #9

The contractor will test sieved soil using SPLP or TCLP test method.

Following sieving, perform SPLP or TCLP test on sieved soil and the berm backstop to determine suitability that soils may be disposed of in a certified Subtitle D landfill disposal site. (Check landfills for verification of testing required.)

Zero Deviation from

Standard

Provide COR copy of test results of sieved soil.

PRS #10

The contractor will treat contaminated soil and or transport to proper disposal facility.

1. If soils exceed hazardous levels and cannot be disposed in a Subtitle D landfill contact the COR immediately. Note:

Material is not expected be classified as hazardous.

2. Perform soil stabilization to all soils exceeding hazardous levels.

a. Method of soil stabilization shall be contractor’s choice as approved by the COR.

b. For estimating purposes two cubic yards of soil is to be stabilized by add/mix Portland cement on an average 5 percent of the soils lead concentration to total contaminated soils.

c. Properly dispose of materials.

3. Soils that meet the requirements of the

Class D Landfill shall be covered while transporting to the landfill.

Develop work plan to address soils that exceed hazardous characterization and submit to COR.

Zero Deviation from

Standard

Work plan reviewed by

COR.

Daily documentation

(photos) provided to

COR and/or

Site visit by

COR or refuge personnel.

PRS #11

The contractor will conduct confirmation sampling after remediation conducted in 5.4.

Forty (40) random soil samples shall be obtained from the area of the excavated berm and sampled for total metals. If the samples are found to exceed Statewide

Default Background Levels contact the CO and COR immediately.

The contractor can provide an approved sampling plan from NDDEQ if they do not meet the minimum sampling requirements listed.

COR review of sampling plan.

PRS #12

The contractor will conduct confirmation sampling after remediation conducted in 5.4.

Two Ground water samples shall be obtained from the berm face area of the excavated berm and sampled for total metals and compared to Groundwater

Surface Water Interface (GSI) action levels.

1. Groundwater samples may be obtained using the “Low Flow” method.

2. If the groundwater samples exceed

Groundwater Surface Water Interface

(GSI) action levels contact the COR immediately.

Zero Deviation from

Standard

Unless the contractor provides a letter from

NDDEQ stating that ground water sampling is not required.

COR review

Ground Water

Sample Report or letter from

NDDEQ.

PRS # 13

The contractor shall provide a

Confirmation Sampling Report after sampling activity conducted.

Provide report on analysis of samples within 14 days of completion of sampling.

The report shall provide State and/or

Federal standard levels and any samples that exceed these levels shall be bolded and/or highlighted. If state and/or federal limits exceedances are detected the contractor shall provide a map designating the area and the amount of material that needs to be removed from the area in cubic yards to the CO and COR.

7 day Deviation from standard for completion of report.

COR Review

Report

PRS # 13

The contractor shall provide a

Confirmation Sampling Report after sampling activity conducted.

Provide report on analysis of samples within 14 days of completion of sampling.

The report shall provide State and/or

Federal standard levels and any samples that exceed these levels shall be bolded and/or highlighted. If state and/or federal limits exceedances are detected the contractor shall provide a map designating the area and the amount of material that needs to be removed from the area in cubic yards to the CO and COR.

a. Conduct Berm Face Remediation if require per Section 5.4

b. Repeat Confirmation Sampling per agreement with COR, based on size of are requiring additional remediation.

7 day Deviation from standard for completion of report.

Zero Deviation from

Standard

Sampling plan shall be developed and reviewed by

NDDEQ and USFWS prior to conducting sampling.

COR Review

Report

PRS #14

The Contractor shall remediate areas identified per section 5.5.

Conduct Berm Face Remediation if require per Section 5.4

Zero Deviation from

Standard

Daily documentation

(photos) provided to

COR and/or

Site visit by

COR or refuge personnel.

PRS #15

The contractor will conduct repeat confirmation sampling.

Contractor will develop a new

Confirmation sampling plan and have it reviewed and approved by NDDEQ and/or

USFWS based on size of area requiring additional remediation.

Zero Deviation from

Standard

COR receives finalized sampling plan.

PRS #16

The contractor will complete NDDEQ

Voluntary Response Action Completion

(VRAC) Report and submit to NDDEQ.

The contractor shall submit to the FWS and North Dakota Department of

Environmental Quality (NDDEQ)

Voluntary Response Action Completion

(VRAC) Report detailing all site activities including but not limited to the following:

Site Characterization, soil sampling and analysis; soil sieving; soil excavation and soil disposal including waste manifest from the landfill disposal site; analysis and results of all soil and groundwater confirmation sampling; include tables indicating all laboratory samples to date, dates sampled, and results of each sample;

any field measurement taken; References, such as maps or photos of the sampling, and certification the SAFR has been re-mediated and closed according to EPA, NDDEQ, and all, Federal, State, and local regulations.

Standard

COR will review received

NDDEQ VRAC

Report submitted to

NDDEQ.

PRS #17

The contractor will provide the following post SAFR Remediations submittals.

a. Provide copy of the Final approved

VRAC Report to the CO, COR, and

Station.

b. Provide load tickets of all soils and waste manifests of all soils and any debris removed from Wetland

Management District property.

c. Waste Manifests

1. The Contractor shall submit copies of all waste manifests.

2. Manifests shall state type of waste

(i.e., construction debris, hazardous asbestos, etc.), location of disposal, landfill designation, EPA registration of landfill, and EPA registration for transportation of any hazardous wastes.

d. Certification of Completion Letter from

NDDEQ

COR and

Station

Receives final approved

VRAC Report

Items b. and c, can be included in the VRAC

Report or submitted to

COR and

Station.

Received from

NDDEQ or from

Contractor to

Station and