SECTIONS E-J.pdf

SOL NO: AG-4419-S-10-0452

UNIT: Ottawa National Forest/Ontonagon Ranger District

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

SECTION E--INSPECTION AND ACCEPTANCE

C1.1.1.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CONTRACTOR QUALITY CONTROL

Quality Control Plan.

The Contractor shall provide a general Quality Control Plan (QCP) with the technical proposal. The general Quality Control Plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall describe how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and personnel that will be performing the quality control. Additionally, control procedures for any government provided keys or lock combinations shall be included. The Contractor shall supplement the QCP 10 days before the start of actual closure work.

The Contractor shall maintain a recording system that provides all closures are installed according to specifications

Inspections The QCP must also include a description of the inspection system to cover all services listed in this contract. The description shall include specifics as to the work to be inspected on both a scheduled and unscheduled basis, frequency of inspections and the title and organizational placement of the quality control inspectors (QCIs).

PUF Inspections (applies to only non pre-metered foam) The Contractor shall maintain a system that provides an unbiased sample of PUF quality, and which represents all of the PUF used. The Government may observe or re-examine the Contractor’s inspection at any time. If off-ratio PUF is observed, the applicator must stop, correct the imbalance, and continue application with the proper ratio PUF. Correction and determination of the foam ratio shall be done on a plastic sheet away from the work area. Any lift of off-ratio PUF comprising over two percent (2%) of the intended PUF column heights shall be removed. An amount of off-ratio PUF less than 2% of the specified volume may remain if allowed to cool and if the outer perimeter of off-ratio PUF is removed. The Contractor shall remedy off-ratio foam and demonstrate proper quality PUF to the COR before application resumes.

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

Grate Inspections.

The contractor shall maintain a system that provides all grates are installed according to specifications.

Welds, fasteners and locks must be secure within the structure and the structure itself must be sturdy and securely fastened to the mine opening.

Fence Inspections The contractor shall maintain a system that ensures fences have been constructed and installed according to specifications.

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

AGAR 452.211-75 Effective Period of Contract

The effective period of this contract is from date of contract award through September 15, 2010.

The Forest Service will issue a Notice to Proceed as soon as conditions are favorable for remediation to occur. Generally projects are delayed due to weather and/or migratory wildlife patterns. Contract time will start whichever is sooner: (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; or (2) Contract Time will start on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; or (3) Contract Time will start when remediation commences. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

Unsuitable Conditions Whenever it is determined that environmental or physical conditions become unsuitable for the safe remediation of a feature or features the Contractor shall move to another feature identified by the

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

Contractor and agreed to by the Contracting Officer, or take other mitigating actions to improve the situation agreed to by the Contracting Officer. When there is no acceptable mitigating practice and no other area is available, the Contracting Officer shall suspend work and stop the contract time. When conditions are again suitable, the Contracting Officer will issue an oral Resume Work Order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor fails to keep in contact with the COR consistent with Section C.4.7, a written Resume Work Order will be mailed and the count of days of contract time will resume on the date specified in that order. Unsuitable conditions include, but are not limited to, heavy rainfall, heavy snowfall, wildlife or archeology mitigation, temperature and humidity which are outside of specifications for installation of PUF or safety related conditions.

Work completed after the performance period Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor may be assessed the actual damages. Items to be included in the actual damage include but are not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, and costs of vehicles that are incurred while administering the contract after the performance period.

FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984).

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 60 days after the date of contract award. The conference will be held at a location to be determined.

GOVERNMENT-FURNISHED PROPERTY

Item Description Where, When, How

Three-wheeled cart Three-wheeled hand cart capable of hauling Available at request

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

Item Description Where, When, How

500 pounds. by contractor to haul materials to mine openings.

METHOD OF CALCULATING PAYMENT

Payment Calculation

Payment less damages will be based on the number of features completed. In cases where partial remediation of a feature or features is agreed upon due to safety related factors such as ground conditions, payment shall be prorated.

Unacceptable Work

Any feature remediated at less than the performance standards in Section C of this contract will be considered unacceptable and may be rejected. For unacceptably remediated features, the Government may (i) accept the work at a reduced price (ii) require the feature to be reworked at no additional expense to the Government, or (iii) reject the work in its entirety. If the work quality is unacceptable, the Contractor’s right to proceed is subject to immediate termination for default.

Scheduling Contractor's requests to rework an area will be permitted only at a time agreeable to the Government.

Re-inspection Any Government quality assurance assessment needed due to the Contractor reworking an area will be at the Contractor's expense. Items to be included in the actual damage includes (but is not limited to) wages of the COR and Government inspector(s) incurred due to the rework and costs of vehicles that are incurred while administering the contract during the rework.

Performance Evaluation

Any work quality that the Government determines as unacceptable will be so noted in the performance evaluation.

DAMAGES

Warranties

The contractor shall exercise existing manufacturers’ commercial warranties on all Government purchased equipment and supplies, including warranties on existing equipment, equipment replacements, and new equipment installations under this Contract. The contractor shall exercise the warranty to repair or replace any installed equipment and materials furnished by the contractor that fail within the warranty period. The contractor shall report to the contracting officer instances in which the costs of enforcement would exceed the benefits derived. The contractor shall repair

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

warranty items without recourse to the warranty if the failure or defect results from contractor abuse or if the Government directs such repair. Existence of a warranty does not alleviate the contractor of the responsibility to perform the work under this Contract. The contractor shall inform the Government in writing of all warranty actions. All written warranties shall be kept on file.

Liquidated Damages

Remediation Quality. It is agreed that when the quality of remediation work does not meet specifications, the Government is damaged. Generally, poor quality work can be corrected or in some extreme cases, removed and replaced. Therefore, liquidated damages are not appropriate to this contract.

Damages at Large

It is agreed that when the quality of remediation work does not meet specifications, the Government is damaged. Damages assessed by the Government shall be set at the cost of repairs necessary to bring the work to specification. If this is not possible, damages assessed by the Government shall be no more than the cost to remove and replace the work.

Archeology

It is agreed that any damage to archeological resources shall be assessed as stated in Section C

5.7.4 of this contract.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Contractor Representative

Mine Safety Qualified Person

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

KEY PERSONNEL

Contractor Representative

The Contractor shall assign to this contract a person or persons identified in their technical proposal that shall be the Contractor Representative and project manager, with responsibility for quality control. The Contractor’s Representative shall be on site at all times that operations are being conducted.

Full Authority The Contractor Representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

Mine Safety Qualified Person.

The Contractor shall designate a Mine Safety Qualified Person as stated in Section C 4.13.3 of this contract.

Availability of Key Personnel.

The Contractor’s Representative shall be on site at all times to meet on the contract area with Government CO and/or the COR to discuss problem areas.

FIRE CONTROL PLAN

Fire Restrictions

The contractor shall comply with Federal Fire Prevention Regulations and Forest Service Special Orders applicable to the area. Depending on weather conditions, the contractor shall be restricted from performing certain operations that are restricted in the Special Order. A copy of these regulations may be obtained upon request from the CO. Forest Service personnel may make periodic routine inspections for regulation compliance.

Contractor-Caused Fires

The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations.

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

Other Fires

For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by using an emergency equipment rental agreement at the current rate for fire-fighting services established by the Forest Service.

Employee Release.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

Equitable Adjustment.

An equitable adjustment in contract time may be made for this period by the contracting officer.

The following specifications apply during all periods of high fire danger:

Fire Extinguishers and Tools on Mobile or Stationary Equipment

Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

• One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

• One - shovel, round point #0 lady or equal.

• One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

• One - water container (at least 1-gallon capacity), not required with stationary equipment.

Spark Arrestors

Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chainsaws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

Power Saws

For each powersaw used in connection with this contract, the following will be provided:

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

Blasting

Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated. The Forest Supervisor, District Ranger, Law Enforcement Officer and Fire Management Officer will be notified at least two weeks in advance of any planned blasting operations.

Smoking

Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

Storage of Fuel and Flammable Products

Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

Welding

Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

Burning

Burning of trash and/or debris is not permitted under this contract.

CONFERENCE & MEETINGS

Pre-work Conference

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

Performance Evaluation Meetings

The contracting officer may require the contractor to meet with the CO, COR and other government personnel as deemed necessary. The contractor may request a meeting with the CO when the contractor believes such a meeting is necessary. Written minutes of any such meetings shall be recorded in the contract file and signed by the contract manager and the contracting officer or contract administrator. If the contractor does not concur with any portion of the minutes, such non-concurrence shall be provided in writing to the contracting officer within 10 calendar days following receipt of the minutes.

CAMPING AND WORKSITE CONDITIONS

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the COR. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

Camping and Worksite Plan

A Camping and Worksite Plan shall be submitted that is consistent with requirements set forth in this section, and the camping permit if required. The Contractor shall provide a general plan with the technical proposal, and shall provide a more specific plan based on items awarded, prior to start work. The Contractor shall be aware of and abide by the rules of the National Forest applicable to forest visitors.

Camping Permit Required

If he/she chooses to camp, the Contractor shall obtain a camping permit from the local Forest prior to camping on Forest Service land. Final payment shall be withheld until the authorized camping area has been cleaned up to the requirements of the Camping Permit. If the Contractor does not obtain a camping permit but requires his/her employees to obtain the camping permit, the Contractor remains responsible for campsite cleanup and his/her employees conduct while camping on National Forest land.

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

SECTION J--LIST OF ATTACHMENTS AND EXHIBITS

J.1.0 LIST OF EXHIBITS

Exhibit J 1.1 Mine Information Chart

Exhibit J 1.2 Maps

Exhibit J 1.3 Photos

Exhibit J 1.4 Grate Closures

Exhibit J 1.5 Foam Closures

Exhibit J 1.6 Fence Closures

Exhibit J 1.7 Seed Mix

Exhibit J 1.8 Emergency Contact Numbers

Exhibit J 1.9 Hazardous Chemicals Communication Plan

Exhibit J 10 Biological Evaluation

Exhibit J.11 Project Aviation Safety Plan (FSM 5711.1)

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

EXHIBIT J.1.1

Mine Feature Information Chart

Item

No

Item Name Opening Size Specified

Closure

Possible

Hand-Carry

Distance

(feet)

X- Easting:

UTM NAD 83

Zone 16

Y - Northing:

UTM NAD 83

Zone 16

Base 1 Norwich 1 14.6' x 15.23' Grate 150 318032 5170473

Base 2 Norwich 4a 13.75' x 6.83' Grate 160 317790 5170447

Base 3 Norwich 4b 17.7 x 9.85 Grate 160 317790 5170447

Base 4 Norwich 6 23.43' x 13.23' Grate 100 317729 5170469

Base 5 Norwich 7 9.34' x 16.98 Grate and

Fence

0 317699 5170473

Base 6 Norwich 8 8.28' x 9.72' Grate and

Fence

0 317935 5170652

Base 7 Norwich 9 17.21' x 10.92' Grate 0 317519 5170315

Base 8 Derby Adit 6.09' x 5.37' Bat Friendly

Grate with human access

100 309689 5166397

Base 9 Remove

Fences

Norwich 1-

Approximately

700 feet of fence

Remove fences variable See Locations of Base Items

1-6

Base 10 Replace

Fences

Norwich 7 and 8

Approximately

200 linear feet of fence

Replace fences

0 See Locations of Base Items 5 and 6

Base 11 Derby shaft 4.76' x 7.35' Grate or Foam 120 309732 5166393

Optional

Tremont 1 18.3' x 13.59' Grate 100 327092 5173473

Optional

Tremont 2 17.2' x 22.06' Grate 0 327020 5173448

Clifton 3 8.66' x 9.96' Grate or

Foam

50 314343 5169604

Opening sizes are approximate and generally represent the largest dimensions of the respective opening.

The hand-carry distance is estimated using GIS and is the distance from the end of ATV access to the mine opening.

Posts and rails from Norwich 1-6 shall be disposed of by scattering. Posts and rails from Norwich 7 and 8 shall be hauled away.

Explosives may be an option for this shaft, but only if approved by the COR.

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

Mine Feature Information Chart

Item

No

Item Name Opening Size

Specified

Closure

Possible

Hand-Carry

Distance

(feet)

X- Easting:

UTM NAD 83

Zone 16

Y - Northing:

UTM NAD 83

Zone 16

Optional

Ward 1 7.23' x 12.44' Grate or Foam 0 306272 5164611

Optional

Clifton 2 18.47' x 7.86' Grate or Foam

150 314339 5169635

Ward 2 9.12' x 10.70' Grate 100 306212 5164729

Optional

Ward 3 10.61' x 6.01' Grate 75 306257 5164756

Optional

Ward 4 10.28' x 11.18' Grate 0 306137 5164703

Optional

Metro 1 9.3' x 9.34' Grate 0 307615 5165522

Optional

Metro 2 11.16' x 14.12' Grate 0 307473 5165526

Optional

Clifton 1 9.98' x 10.58' Grate 50 314364 5169694

Optional

Sharon 2 9.16' x 11.45' Grate or

Foam

100 313753 5169727

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

EXHIBIT J.1.2

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

EXHIBIT J.1.3

NORWICH 1

NORWICH 4A

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

NORWICH 4B

NORWICH 6

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

NORWICH 7

NORWICH 8

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

NORWICH 9

DERBY ADIT

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

DERBY SHAFT

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

TREMONT 1

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

TREMONT 2

CLIFTON 3

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

WARD 1

CLIFTON 2

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

WARD 2

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

WARD 3

WARD 4

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

METRO 1

METRO 2

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CLIFTON 1

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

SHARON 2

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

EXHIBIT J.1.4

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

Air line to surface for in situ inflation

“False Bottom” for PUF Closure of Mine Shafts

Detail of optional “corner wedge” addition

Figure 2: Side view of optional corner wedge addition. As inner tube expands laterally, it pushes the “corner wedge” farther out along 2” X 2” lumber until the point of the wedge contacts the corner of the shaft.

Figure 3: Plan view of corner wedge.

2” X 2” lumber

Inner

Wall of shaft

W a ll o f sh a ft

The corner wedge is designed to provide support for poured foam in the corners of shafts whose square cross section may not completely interface with a round inner tube.

The corner wedge consists of a triangular piece of plywood with a vertical flange. This is mounted on a “sleeve” that fits over and slides freely along the 2” X 2” lumber. As the inner tube expands, it pushes on the vertical flange, which makes the wedge assembly slide horizontally until it contacts the wall of the shaft.

Corner wedge

The purpose of this construction is to provide a “false bottom” (platform) inside a mine shaft onto which liquid polyurethane foam (PUF) can be poured. Installation would proceed thusly:

• The 2” X 2” lumber will be bolted together and eye bolts with ropes will be attached.

• An inner tube with air line attached will be placed atop the lumber. Corner wedges will be attached if needed. A tarp (the ropes and air line pass through it) will be draped over the assembly.

• The false bottom will be lowered to the correct depth in the shaft and the ropes will be tied off to sturdy anchors. An extending pole can be used to maneuver the assembly.

• The inner tube will be inflated via the air line until it contacts the walls of the shaft.

• Foam will be poured on the assembly from ground level (no entry into shaft required).

An extending pole can be used to alter the placement of foam bags once they have been dropped onto the assembly.

Figure 1: Oblique view of assembly

2” X 2” “sleeve”

Inner

Tube

Vertical flange

2” X 2” lumber cut to fit diagonally across shaft, notched to lock into each other

Inner tube from farm tractor, roughly sized to

Nylon rope

Eye bolt

Tarpaulin big enough to drape over inner tube and provide actual

EXHIBIT J.1.5

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

EXHIBIT J.1.5

2-3’ thick soil cover

Inner tube

2” X 2” lumber

Side view of completed foam plug

Wall of shaft

Wall of shaft

Ground surface

Tarp (original pouring surface)

Lower edge of tarp hangs below assembly

Nylon ropes incorporated into plug

Empty space beneath plug

6-8’ thick foam plug

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

EXHIBIT J.1.6

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

EXHIBIT J.5

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

CIM-0907-7A-002-0907-01

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

EXHIBIT J.1.7

Seeding Recommendations for Mine Closure sites

Many species of seeds may be used for seeding disturbed area as required by the contract. Farm cooperatives and feed stores (such as Settler’s Coop in Bruce Crossing, MI) are likely places to find suitable seed. Cost varies by species, but an acceptable seed mix can be obtained for $100- $200 per 50 pounds, which, at an application rate of 5-10 lbs/acre, should be more than adequate for this contract. It is expected that a total of only 1-2 acres will require seeding.

Mesic sites (e.g. around shafts, over foam plugs)

Recommended Natives Grasses and grass-like plants

Bottlebrush grass Hystrix patula

Canada wild rye Elymus canadensis

Path rush Juncus tenuis

Bearded shorthusk Brachyelytrum erectum

False melic grass Schizachne purpurascens

Rough-leaved rice grass Oryzopsis asperifolia

Wild millet Milium effusum

Fringed sedge Carex crinita

Drooping woodreed Cinna latifolia

Forbs

Big leaf aster Aster macrophyllus

Fleabane Erigeron annuus

Black-eyed susan Rudbeckia hirta

Canada goldenrod Solidago canadensis

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

Acceptable Non-natives Grasses and grass-like plants

Red fescue Festuca rubra

Annual ryegrass Lolium multiflorum

Alsike clover Trifolium hybridum

Ladino clover Trifolium repens

Red clover Trifolium pratense

White clover Trifolium repens

Wet sites (e.g. on access roads to mine shafts and adits)

Recommended Natives Grasses and grass-like plants

Blue joint Calamagrostis canadensis

Manna grass Glyceria striata, G. grandis

Fringed sedge Carex crinita

Soft rush Juncus effusus

Wool grass Scirpus cyperinus

Boneset Eupatorium perfoliatum

Joe-pye weed Eupatorium maculatum

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

Avoid at all sites Grasses and grass-like plants

Kentucky bluegrass Poa pratensis

Canada bluegrass Poa compressa

Meadow fescue Festuca pratensis

Quack grass Elytrigia repens

Orchard grass Dactylus glomerata

Reed canary grass Phalaris arundinacea

Smooth brome Bromus inermis

Tall fescue Festuca arundinacea (F. elatior)

Timothy grass Phleum pratense

Birds-foot trefoil Lotus corniculata

And all Ottawa NF Non-native invasive plants of concern

Common name Scientific name

Garlic mustard Alliaria petiolata

Japanese barberry Berberis thunbergii

Marsh thistle Cirsium palustre

Bell’s honeysuckle Lonicera × bella

Morrow’s honeysuckle Lonicera morrowii

Tartarian honeysuckle Lonicera tartarica

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

Purple loosestrife Lythrum salicaria

Spike watermilfoil (Eurasian watermilfoil) Myriophyllum spicatum

Common buckthorn Rhamnus cathartica

Glossy buckthorn Rhamnus frangula

Wild chervil Anthriscus sylvestris

Purple crownvetch Coronilla varia

Autumn olive Elaeagnus umbellatus

Leafy spurge Euphorbia esula

Giant hogweed Heracleum mantegazzianum

Dames rocket Hesperis matronalis

Japanese knotweed Polygonum cuspidatum

Giant knotweed Polygonum sachalinense

Curly pondweed Potomogeton crispus

Stinking willie (tansy ragwort) Senecio jacobaea

Garden valerian Valeriana officinalis

Bishop’s goutweed Aegopodium podagraria

Spotted knapweed Centaurea biebersteinii

Canada thistle Cirsium arvense

Orange hawkweed Hieracium aurantiacum

White sweetclover Melilotus alba

Yellow sweetclover Melilotus officinalis

Reed canary grass Phalaris arundinacea

Crack willow Salix fragilis

Flowering rush Butomus umbellatus

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

Siberian peashrub Caragana arborescens

Paleyellow iris Iris pseudoacorus

Common reed Phragmites australis

Germander speedwell Veronica chamaedrys

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

EXHIBIT J.1.8

EMERGENCY CONTACTS

Ontonagon County Sheriff 911

(906) 884-4901

Michigan State Police (Wakefield) 911

(906) 224-9691

LEO Steve Drake Cell (906) 250-8600

Home (715) 547-6163

LEO Mike Kocher Cell (906) 250-8555

Home (906) 883-3162

Ontonagon County Memorial Hospital (906) 884-4134

Grand View Hospital (Ironwood) (906) 932-2525

Michigan DEQ, Gwinn (906) 346-8300

Michigan DNR, Baraga (906) 353-6651

Michigan DNR, CO Grant Emery (906) 285-2085

OSHA (517) 327-0904

Poison Control (800) 222-1222

MIOSHA http://www.michigan.gov

OSHA http://www.dol.gov/

Michigan DNR http://www.michigan.gov/dnr

Michigan DOT http://www.michigan.gov/mdot/

DEQ http://www.michigan.gov/deq

6709.11 S&H FSH http://fsweb.wo.fs.fed.us/directives/fsh/6709.11/

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

EXHIBIT J.1.9

OTTAWA NATIONAL FOREST

HAZARDOUS CHEMICAL

COMMUNICATIONS

PLAN

Approved by

/s/Susan J. Spear 01/13/2009 /s/John P. Pagel 01/13/2009

Forest Supervisor date Union President date

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

Table of Contents

Purpose…………………………………………………………………… ……………3

General Program Information……………………………………………………………….……………..3

Task Evaluation...…………………………………………………………………………… 3

Chemical Storage…………………………………………………………………………………4

Container Labels………………………………………………………………………..…………4

Off-site use or transportation of chemicals…………………………………………………………….………………… 4

Emergencies and Spills………………………………………………………………………….……...….4

Responsibilities…………………………………………………………………………5

Employee Training…………………………………………………………………………………5

Contractors…………………………………………………………………………….. 6

MSDS Information.……………………………………………..…………………………….. 6

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

Purpose

This document serves as the Ottawa National Forest’s Hazard Communication Plan. It provides detailed safety guidelines and instructions for receipt, use and storage of chemicals at our facilities by employees and contractors. Reference: OSHA Standard 1910.1200

General Chemical Safety

Assume all chemicals are hazardous. The number of hazardous chemicals and the number of reactions between them is so large that prior knowledge of all potential hazards cannot be assumed. Use chemicals in the smallest quantities possible to minimize exposure and reduce possible harmful effects.

The following general safety rules shall be observed when working with chemicals:

• Read and understand the Material Safety Data Sheets.

• Keep the work area clean and orderly.

• Use the necessary safety equipment as stated in the JHA, and MSDS.

• Carefully label every container with the identity of its contents and appropriate hazard warnings.

• Store incompatible chemicals in separate areas.

• Substitute less toxic materials whenever possible.

• Limit the volume of volatile or flammable material to a minimum.

• Provide means of containing the material if equipment or containers should break or spill their contents.

Many chemicals are explosive, corrosive, flammable, or toxic. Some are relatively safe to use and store but may become dangerous when they interact with other substances. To avoid injury and/or property damage, persons who handle chemicals in any area of the Ottawa National Forest must understand the hazardous properties of those specific chemicals. Before using a chemical, review safe handling methods and health hazards.

Supervisors are responsible for ensuring that the equipment needed to work safely with chemicals is accessible and maintained for all employees.

Task Evaluation

Each task that requires the use of chemicals should be evaluated to determine the potential hazards associated with the work. This hazard evaluation must include the chemical or combination of chemicals that will be used in the work, as well as other materials that will be used near the work. Operations must be planned to minimize the generation of hazardous wastes.

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

Chemical Storage

The separation of chemicals (solids or liquids) during storage is necessary to reduce the possibility of unwanted chemical reactions caused by accidental mixing. Explosives should be stored separately outdoors. Use either distance or barriers (e.g., trays) to isolate chemicals into the following groups:

• Flammable Liquids: store in approved flammable storage lockers.

• Acids: treat as flammable liquids

• Bases: do not store bases with acids or any other material

• Other liquids: ensure other liquids are not incompatible with any other chemical in the same storage location.

• Lips, strips, or bars are to be installed across the width of storage shelves to restrain chemicals from falling off the shelves.

Chemicals will not be stored in the same refrigerator used for food storage. Refrigerators used for storing chemicals must be appropriately identified by a label on the door.

Container Labels

• It is extremely important that all containers of chemicals are properly labeled. This includes containers capable of storing thousands of gallons to a hand-held spray bottle of degreaser.

• All containers will have the appropriate label, tag or marking prominently displayed that indicates the identity, safety and health hazards.

• Portable containers which contain a small amount of chemical need not be labeled if they are used immediately, but must be under the strict control of the employee using the product at all times.

• All warning labels, tags, etc., must be maintained in a legible condition and not be defaced.

• Incoming chemicals are to be checked for proper labeling.

Off-site use or transportation of chemicals

All State and Federal DOT Regulations will be followed including use of certified containers, labeling & marking, securing of containers and employee training.

Emergencies and Spills

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

• Evacuate people from the area

• Isolate the area.

• If the material is flammable, turn off ignition and heat sources.

• Only personnel specifically trained in emergency response are permitted to participate in chemical emergency procedures beyond those required to evacuate the area.

Responsibilities

Management

• Ensure compliance with 29 CFR 1910.1200

• Conduct immediate corrective action for deficiencies.

• Maintain an Hazard Chemical training program

• Make this plan available to employees

Purchasing Agents

• Obtain Material Safety Data Sheets (MSDS) for all chemicals purchased from retail sources. The manufacturer and/or retailer is required to provide them.

Safety Manager

• Maintain a list of hazardous chemicals based on the MSDS

• Ensure MSDS are available as required

• Monitor facilities for proper use, storage, and labeling of chemicals

• Provide information, as requested, concerning health effects and exposure symptoms listed on

MSDS

Supervisors

• Provide specific chemical safety training for assigned employees

• Ensure chemicals are properly used stored & labeled

• Ensure only the minimum amount of chemicals necessary are purchased and stored at facilities.

• Ensure current MSDS are readily accessible to all employees.

Employees

• Comply with chemical safety requirements

• Report any problems with storage or use of chemicals

• Immediately report spills or suspected spills of chemicals

• Use only those chemicals for which you have been trained

• Use chemicals only for specific assigned tasks and in the proper manner

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

Employee Training

Initial Orientation Training

All employees shall receive safety orientation training covering the elements of the HAZCOM and Right to Know Program. This training will consist of general training covering:

• Location and availability of the written Hazardous Chemical Communication Plan

• Location and availability of the List of Chemicals used in the workplace

• Methods and observation used to detect the presence or release of a hazardous chemical in the workplace

• The specific physical and health hazard of all chemicals in the workplace

• Specific control measures for protection from physical or health hazards

• Explanation of the chemical labeling system

• Location and use of MSDS

Job Specific Training

Employees will receive on the job training from their supervisor. This training will cover the proper use, inspection and storage of necessary personal protective equipment and chemical safety training for the specific chemicals they will be using or will be working around.

Training Frequency

Training should be conducted at the time of their initial assignment, and whenever a new physical or health hazard is introduced into their work area.

Contractors

All contractors working with chemicals on the Ottawa National Forest are required to follow the OSHA regulations, Forest Service Policy, and the Michigan Department of Environmental Quality for compliance.

MSDS Information

Material Safety Data Sheets are provided by the chemical manufacturer to provide additional information concerning safe use of the product. Each MSDS provides:

• Common Name and Chemical Name of the material ,

• Name, address and phone number of the manufacturer

• Emergency phone numbers for immediate hazard information

• Date the MSDS was last updated

• Listing of hazardous ingredients

• Chemical hazards of the material

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

• Information for identification of chemical and physical properties

Employee Use of MSDS

• Know the location of the MSDS

• Understand the major points for each chemical

• Check MSDS when more information is needed or questions arise

• Be able to quickly locate the emergency information on the MSDS

• Follow the safety practices provided on the MSDS

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

EXHIBIT J.1.10

SHORT FORM BIOLOGICAL EVALUATION FOR FEDERALLY THREATENED,

ENDANGERED, PROPOSED, AND REGIONAL FORESTER’S SENSITIVE TAXA

USDA Forest Service, Ottawa National Forest

Project name: Bergland Area Mine Closures Project

Project description: The Bergland/Ontonagon District Ranger is proposing to permanently close up to 31 abandoned mine shafts and adits on National Forest System land. Closures are being proposed to reduce public safety risks. Twenty-four shafts and one adit have been identified as priority for closure as they pose the greatest risk to public safety. Not all shafts and adits would be closed.

The shafts and adits range from a few feet to about 25 feet across. Some of the shafts have standing water in them at depth or near the surface. Closure activities at some of the sites were partially completed in the 1990’s or earlier and included wooden fence enclosures. The wooden fences do not completely eliminate public safety hazards and some have been broken by trees that have fallen on them.

The closure methods may include a combination of bat-friendly grates, gates, filling in with surrounding mine tailings, maintenance or replacement of fences, use of explosives to collapse overhangs or otherwise fill holes with rock, and/or foam which expands and hardens. The specific closure method for each site would be selected as appropriate to maintain wildlife habitat and the historical integrity of the sites and as feasible given site conditions. These methods have been commonly used to close mine openings on public and private lands across the US. The closure methods may be employed over several weeks in one year or less, depending on any potentially affected resources and funding availability specifically designated for mine closures on the ONF.

Access to the sites would include Forest roads and/or trails, temporary trails, and cross country travel. Recreation trails used for access would include the North Country National Scenic Trail

(NCT), the proposed Norwich Interpretive Trail, and the Pioneer Trail. Derby Shaft 1 and Adit are near the Pioneer Motorized Trail. Ward Shafts 1, 3, and 4 are adjacent to the future reroute of the Pioneer Motorized Trail (as authorized under the February 2008 Ridge Vegetation and Road

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

Management Project). The Norwich and Tremont shafts are near the North Country Trail. Some

Norwich shafts are near the proposed interpretive trail along the Norwich ridge.

Transporting materials may require use of Off-Highway Vehicles (OHVs) to sites. Additional incidental support activities may include the maintenance of Forest Roads (FR) 642, FR504, FR504F, FR502, FR502D, FR633, FR448, FR448C, FR230 and FR231 to provide access and transport materials to the closure sites. Typical materials that may be hauled by OHV are polyurethane foam mixtures, steel beams, rebar, generator, earthen material, explosives, and other equipment. The foam is a non-toxic, stable material which presents no public health hazard or risk to groundwater. Earthen material is used as a cover to reduce fire hazards and because sunlight exposure may decrease the longevity of the foam.

Transporting materials may also require use of helicopters to move heavy materials to remote sites where bundles would be set down by long lines. Landing helicopters at the mine closure sites is not proposed; helicopters pickup bundles and land as needed at larger, disturbed-ground, suitable helipots such as nearby gravel pits.

Administrative authority allowing for motorized access while implementing the closures would allow for safe transport of these materials to the mine closure sites. OHV access may involve cross-country travel and use of the NCT. To ensure NCT user safety, signs would be posted to notify trail users of closure activities and OHV traffic. The administrative OHV use would occur in conjunction with the closure of the mine shafts and adits.

General location: The project area consists of nine separate mine closure areas on National

Forest System lands. The following lists the names of the priority 24 shafts and one adit to be closed, followed by the legal description and the applicable Management Area (MA) in which the site resides:

1) Merriweather Shafts 2 and 3, T48N R43W Section 10. MA 2.2

2) Ward Shafts 1-4, T49N R42W S26, S27. MA 6.2

3) Derby Shaft 1 and Adit, T49N R41W S19. MA 6.2

4) Norwich Shafts 1-7 and 9, T49N R41W S12. MA 8.1.

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

5) Norwich Shaft 8, T49N R41W S12. MA 8.3.

6) Tremont Shafts 1 and 2, T50N R40W S35. MA 6.1

7) Clifton Shafts 1-3, T49N R41W S10. MA 8.1

8) Sharon Shaft 2, T49N R41W S9. MA 8.1

9) Metro Shafts 1 and 2, T49N R42 S26. MA 6.2

Other shafts and adits included in the project are located as follows:

1) Sharon Shaft 1, T49N R41W S9. MA 8.1

2) Devon Shaft and Adit, T50N R40W S36. MA 6.1

3) Clifton Shaft 4, T49N R41W S10. MA 8.1

4) Merriweather Shaft 1, T48N R43W Section 10. MA 2.2

5) Ward Shaft 5, T49N R42W S26, S27. MA 6.2

The proposed action does not include any closure activities at these five shafts and one adit.

See project file for maps.

Taxa known:

Taxon Location

Animals:

Halieetus leucocephalus, bald eagle Fish-bearing lakes, rivers and riparian forests

Pipistrellus subflavus, eastern pipistrelle Deep mineshafts and caves

Canis lupus, gray wolf Habitat generalist

Falco peregrinus, peregrine falcon Cliffs near lakes or wetlands

Vertigo bollesiana, delicate vertigo Norwich mountain

Vertigo paradoxa, mystery vertigo Norwich mountain

PROJ NAME: Mine Closure Upper Peninsula Michigan Phase II Closure of Abandoned Mine Openings

Plants:

Carex backii Within approx.