Attachment_1_Statement_of_Work__Hidden_Hill_Mine_NTCRA.pdf

Attachment 1: STATEMENT OF WORK

NON-TIME CRITICAL REMOVAL ACTION

HIDDEN HILL MINE

MOJAVE NATIONAL PRESERVE

1. INTRODUCTION

1.1. The National Park Service (NPS) is exercising its authority as lead agency under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§9601 et seq., to undertake response activities at the Hidden Hill Mine contaminated site (“the Site”) located within Mojave National Preserve (MOJA).

1.2. This Statement of Work (SOW) supplements Attachment 2, Non‐Time Critical Removal Action Work Plan Hidden Hills Mine, Mojave National Preserve (Applied Intellect, LLC, 2024), henceforth known as Work Plan. Together, Attachments 1 and 2 define the requirements for a contractor to conduct a CERCLA-compliant removal action (RA) at the Site which will comply with all applicable requirements under CERCLA and the National Oil and Hazardous Substances Pollution Contingency Plan (also known as National Contingency Plan, or NCP).

1.3. NPS estimates 150 tons of material will be excavated, transported, and disposed.

1.4. The actions specified in this SOW are consistent with the NPS Contaminated Site Cleanup Framework activity 3b., “Cleanup Action Implementation”.

2. SITE INFORMATION

2.1. The Hidden Hill Mine Site (Site) is within Mojave National Preserve in San Bernardino County, California. Mojave National Preserve was established in October 1994, when Congress passed the California Desert Protection Act. The preserve covers nearly 1.6 million acres in southeastern California with elevations ranging from 880 feet to more than 7,492 feet above sea level. The preserve contains features of the Mojave, Great Basin, and Sonoran deserts and threatened/endangered species such as desert tortoise and Mohave Tui Chub.

2.2. For general information about the park, visit www.nps.gov/moja.

2.3. The Site is located on the southeast slope of the Providence Mountains in the southern portion of MOJA. The Site is situated in the southeast and southwest ¼’s of Section 6, Township 8 North, Range 14 East of the USGS 7.5-minute Van Winkle Spring topographic quadrangle.

The geographic coordinates of the Site are 34.80613 degrees north latitude and 115.545029 degrees west longitude.

2.4. The Site is approximately 4.4 miles due north of Interstate 40 and can be accessed by traveling north 6.6 miles on Kelbaker Road (paved) from Exit 78 on Interstate 40, then east for

4.8 miles along Hidden Hill Road (a dirt road that requires four-wheel drive and high clearance vehicles). Improvements to Hidden Hill Road to conduct the removal action are not permitted.

2.5. The Site became active around 1882. The mine consisted of five claims, of which the Golden Queen and Hidden Hill were most important. Mine workings at Hidden Hill included shafts, tunnels, and surface cuts, which followed thin quartz veins. Gold was the primary focus of the mine, but the mine also produced silver, copper, iron, lead, zinc, tin, and rare earth minerals. Most shafts were 50 to 100 feet deep, but the main inclined shaft was 240 feet deep. A cross-cut tunnel was reportedly 350 feet long. The Golden Queen claim produced more than $6,000 before 1907. One ore pocket encountered in 1913 produced $13,000 from 300 pounds of rock. An estimated mass of 3,000 to 4,000 tons of ore was processed at the Site to produce gold, silver, and copper (BLM, 2001). Lower-grade quartz ore was crushed in a two-stamp mill on the property. The mill was powered by a gasoline engine and was capable of processing three tons of ore in a 24-hour period.

2.6. The Site is a relatively small and remote abandoned mine located on approximately five acres and is at an elevation of approximately 3,400 feet above sea level.

2.7. There are no springs or significant surface waters in the vicinity of the site. There is an ephemeral wash in the area of the site. Groundwater at MOJA is primarily recharged by precipitation and runoff from the mountains. The depth to groundwater at MOJA can be in excess of 700 feet below ground surface (bgs).

2.8. Vegetation at the site includes creosote (Larrea tridentata), Mojave yucca (Yucca schidigera), Joshua Tree (Yucca brevifolia jaegeriana), and cholla (Cactocea). Wildlife includes desert tortoise, lizards, small rodents, birds, snakes, jackrabbits, and more. The Site is located in Desert Tortoise Critical Habitat and tortoises are regularly observed in the area.

2.9. The Site contains a cabin, mill foundation, ore hopper, crumbled rock walls, shafts, adits, waste rock piles, and a tailings pile. The small tailings pile is composed of loosely consolidated, light brown, clay-sized grains with a few gray gravel clasts. The shape and margins of the pile suggest that tailings have been transported by wind or surface runoff. Based on the size of the mine and mill, the volume remaining in the small tailings pile is probably only a fraction of the material generated during operations. At the time of the 2017 Engineering Evaluation and Cost Analysis (EE/CA), the surface area of the tailings pile was reported to be 600 square feet (sf), with an estimated volume of six cubic yards (CY). At the time of the 2022 site visit, the tailings were distributed over an area of approximately 1,850 sf, and 69 CY of comingled tailings and potentially affected underlying material (assuming a thickness of approximately one foot).

Including any ancillary soils which may become commingled during excavation activities, approximately 100 CY (conservative estimate, includes underlying/commingling) are assumed for the purpose of this Removal Action. Applying a conversion factor of 1.5 tons per cubic yard, NPS estimates 150 tons of material will be excavated, transported, and disposed in the RA.

3. GENERAL REQUIREMENTS

3.1. Work shall be performed in accordance with (IAW) this Statement of Work (SOW, Attachment 1) and the Non Time-Critical Removal Action Work Plan (Work Plan, Attachment 2). The Contractor shall supplement these documents with the plans specified below and as they deem necessary to complete the work safely and effectively. In no case shall the Contractor’s planning supplements delete or relax NPS requirements.

3.2. In the event of a conflict or ambiguity between the WP and this SOW, notify the CO and COR for resolution. In general, the requirements and timelines in this Statement of Work take precedence over the work plan.

3.3. Safety Requirements. The Contractor shall comply with 29 CFR 1910.120(b), EM-385-1- 1, and all relevant and applicable safety regulations as promulgated by OSHA and California OSHA. Additionally, the Contractor shall adhere to all generally accepted and professionally practiced safety standards.

3.4. The Contractor shall comply with regulations of the NPS or other authority having jurisdiction, governing the protection of land that includes or is adjacent to the project.

3.5. At all times the Contractor shall conduct their organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the park Superintendent may prescribe (refer to https://www.nps.gov/moja/learn/management/laws-and-policies.htm; the contractor must comply with the rules in effect at the time work is underway).

3.6. Coordination with NPS.

3.6.1. The Contractor shall maintain close and continual coordination with the NPS to assure adequate and timely flow of information.

3.6.2. The primary points of contact for the Contractor are the CO, COR and MOJA point of contact (POC). The MOJA POC will coordinate communications between the Contractor and MOJA staff as required. Contact details will be provided after award.

3.6.3. Timing of site visits and on-site work shall be approved in advance by the COR and MOJA POC; notify them of intent to visit at least 10 days ahead.

3.6.4. When possible, NPS will assist the Contractor in obtaining pertinent documentary materials, historical information, maps, photographs, Site plans, forms, and other material as available.

3.7. Data Rights and Proprietary Information: The United States Government (“Government”) will retain rights to all work products and intellectual property produced in the course of performing this contract. The Government may use the work products on any other work without additional compensation to the Contractor. With respect thereto, the Contractor agrees not to assert any rights and not to establish any claim under the patent or copyright laws.

3.7.1. NPS may release this contract’s work products to the public or share them with third parties for technical review.

3.7.2. Except as otherwise specifically provided for in this contract, Contractor shall not publish or otherwise release, distribute, or disclose any work product generated under this contract prior to obtaining express written approval of the NPS CO or COR. The Contractor shall not include proprietary information in work products. The Government retains and has unlimited rights to all work products and intellectual property produced under this order. All documents and materials produced under this order 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 and may be used by the Government on any other work without additional compensation to the contractor. With respect thereto, the contractor agrees not to assert any rights and not to establish any claim under the patent or copyright laws.

This right does not abrogate any other Government rights.

3.8. Confidentiality. The information developed under this order is the property of the U.S.

Government and shall be kept in strict confidence; also refer to Section 8.

3.9. All draft and final submittals shall be in the most current versions of both Microsoft Word and Adobe Acrobat. Contractor shall provide all maps, graphics, etc. in both Adobe Acrobat and the original source files (Geographic Information System (GIS) shape files, spreadsheets, etc.).

3.9.1. Contractor shall establish Global Positioning System (GPS) point features using field-collected GPS data corrected differentially to achieve sub-meter accuracy employing Differential Global Positioning System (DGPS) correction techniques. This correction may occur either in real-time or via post-processing utilizing services like the Online Positioning User Service (OPUS) provided by the United States National Geodetic Survey (NGS). The following criteria apply to all deliverables.

3.9.2. Data Deliverables: All AutoCAD (.dwg or .dxf), GIS (.shp or .gdb), or Google Earth (.kmz) files, shall meet the following criteria:

a. Each file shall include associated metadata with fields delineating the attributes, data collection method, and dataset accuracy.

b. Metadata shall adhere to Federal Geographic Data Committee (FGDC) standards (refer to the FGDC website).

c. Metadata shall specify state plane coordinate system units (horizontal and vertical), as well as the vertical datum used.

d. Point features shall include:

i) Points, lines, or polygons delineating the project area, with associated control points.

ii) All DGPS points.

iii) Feature attributes (e.g., acreage, Site ID, Site Name) or relevant layer names.

3.9.3. Additionally, AutoCAD and GIS files shall be projected to the local state plane coordinate system (horizontal and vertical) in NAD83 or prospective state plane systems for the entire project area with the datum realization specified in the files.

3.9.4. ArcGIS Pro Packages: Final ArcGIS Pro packages (.ppkx) shall include project files, maps, data (file geodatabases), and all supplementary elements used, such as toolboxes, model builders, and Python scripts. Geoprocessing steps shall be documented and incorporated.

Comprehensive metadata shall be provided for any data generated or modified during the project.

3.9.5. Sample Collection Data. Contractor shall supply the field and laboratory data acquired under this order/statement of work in a standard electronic data deliverable (EDD) format. The field and laboratory data shall include sample location parameters, sample collection methods, field measurement results, laboratory results (including standard laboratory QA/QC data), and, if applicable, the results of laboratory data validation. For consistency, data shall be submitted in EQuIS EQEDD format. Note that the required fields identified in the EQuIS EQEDD descriptions are the fields required for the EQuIS program to upload data. Other fields are required by NPS for data management and validation of the analytical laboratory results. See EDD_Specifications.docx for details.

3.9.6. The contractor shall make a best effort to submit documents to the NPS that meet the accessibility standards per Section 508 of the Rehabilitation Act. At a minimum, if available in the particular software, the contractor shall enable the 508 accessibility checker or other similar features at document inception and use professional judgement throughout document production to best meet 508 accessibility standards.

3.9.7. The file names of the documents submitted to the NPS shall comply with the following naming convention: MOJA_HiddenHill_Document_Version_Date where:

3.9.7.1. “Document” is the abbreviated title of the document. Examples include:

• Work Plan - "WorkPlan"

• Progress Report - "ProgRep"

• Site Health and Safety Plan - "SHASP"

• Response Action Completion Report - "RACR"

3.9.7.2. “Version” is the version of the document (e.g., “Draft” or “Final”). Do not use version numbers. The date will indicate the version number.

3.9.7.3. “Date” is the date signed by the contractor in the format of YYYYMMDD.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fgdc.gov%2F&data=05%7C02%7Csteve_mitchell%40nps.gov%7C5dae64d764114ec9505008dc2d63b98c%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638435153553395780%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=6bf41hUuHdWUBN%2BO8O3MkiCoMi3%2BCdit2UULu3%2Fdca4%3D&reserved=0 https://doimspp.sharepoint.com/sites/ext-nps-csportal/SitePages/ReportTemplates.aspx

3.9.7.4. The Environmental Professional shall indicate their review of the draft documents by adding a notation, their signature, and date on the title page before submittal to NPS. The proposed final RACR shall be signed/stamped by the Environmental Professional before submittal to NPS.

3.9.7.5. All files shall be transmitted to the NPS via an agreed-upon secure file transfer method.

3.10. Managerial

3.10.1. The NPS will administer the contract and provide project oversight, as needed. Data and information concerning Site(s) at which work is to be done will be furnished upon contract award. Any such data and information are for the Contractor’s information, and the Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

3.10.2. The Contractor shall furnish all services, materials, supplies, labor, equipment, investigations, studies, superintendence, and travel, as required, for completing the tasks.

3.10.3. All entities (prime and subcontractors) to whom the requirements apply shall have a Hazardous Substance Removal Certification (HAZ), issued by the State of California, upon submission of a proposal and for the duration of covered activities. The Contractor shall be responsible for verifying the transport, storage, and disposal (TSD) companies’ credentials and compliance with HAZ certification.

3.10.4. The Contractor is advised not to perform any services requested by any person verbally or in writing, which could be considered a change in the terms or scope of this SOW or necessitating an adjustment in contract price or any contract term or condition. If revisions to the SOW are required, the NPS Contracting Officer and Contractor will negotiate the scope, terms, and price, and formalize them in a written modification to the contract.

3.10.5. Quality Control: The contractor shall implement procedures to ensure that documents, deliverables, and work are of a quality suitable for their intended purpose. Documents shall be complete, accurate, and delivered on time.

3.10.5.1. “Complete” means all work products, documents, or other deliverables which are required by statute, regulation, guidance, or terms of the Contract are submitted by the contractor, or that an exception has been granted by the COR, upon satisfactory showing of good cause.

3.10.5.2. “Accurate” means the content of all work products, documents, or other deliverables submitted have been determined by the contractor to be true, to the best of the contractor's knowledge and belief, or to be true and correct original or photocopies of relevant documents whose contents cannot be verified by the contractor, but which are nevertheless important to the Government.

3.10.5.3. “Delivered on time” means all work products, documents, or other deliverables are placed in the custody or control of the designated COR on or before the deadline(s), unless an extension is granted by the COR after a satisfactory showing of good cause by the contractor.

3.10.5.4. NPS comments on all documents shall be addressed to the satisfaction of NPS prior to their finalization. The decision to approve or reject a final document or deliverable submitted pursuant to this SOW will be at NPS’s sole discretion. Rejection of a document would be based on lack of conformance to contractual requirements, unacceptable level of quality or detail, missing documentation, lack of responsiveness to NPS comments, and/or similar criteria.

If the proposed final version of a document is rejected, the contractor is expected to address

NPS’ concerns and provide a revised document for NPS review within 10 days after receipt of comments. This process will be iterative until the document is accepted, at no additional cost to the government

3.10.6. The Contractor shall, without additional expense to the government, obtain any necessary licenses, permits, and shall comply with all federal, state, and local laws, regulations, rules, and codes applicable to the performance of the tasks required for this SOW.

3.11. Progress payments.

Contractor may submit a request for progress payment no more frequently than monthly, based on the accepted schedule of values.

Contractor shall email a draft invoice with supporting documentation, including updated Schedule of Values, to the CO and COR, make revisions as directed, and post the invoice to IPP only after receiving NPS concurrence that the draft invoice is accurate, complete, and acceptable. Upload the signed progress payment checklist, completed by the COR, with the accepted invoice.

Prior to submitting a progress payment request on which these items are billed, submit analytical results from the laboratories.

Contractor shall not submit the final progress payment request until all deliverables specified herein have been properly approved or accepted by the CO and/or COR.

Once all contractual requirements are satisfied, the Contracting Officer will invite the Contractor to submit a final invoice.

4. REQUIREMENTS FOR ON-SITE WORK

4.1. Hours for on-site work are 7 a.m. to 6 p.m. Monday through Friday. Weekend work and work on federal holidays is discouraged, and will only be allowed when approved in advance by the Contracting Officer.

4.1.1. Notify Park Representative and utility companies of proposed locations and times for excavation. Contractor shall be responsible for locating and preventing damage to known utilities. If damage occurs, repair of the known utility will be done at no additional expense to the Government. However, if damage occurs to an unknown utility, notify the CO, COR, and MOJA POC. The CO may negotiate an equitable adjustment in accordance with Changes clause of the contract to have the contractor repair it.

4.1.2. In the event the Contractor causes damage outside the approved disturbance area, The Contractor shall immediately notify the COR and MOJA POC. The Contractor shall restore damaged areas in accordance with CO direction, at no additional expense to government.

4.2. Adequately barricade and post access restrictions as required in public areas. Install barrier tape if so directed by NPS Park staff. Always keep a minimum of two rolls on Site.

4.2.1. Contractor may close access through the work Site during work. Emergency access through the project Site during removal activities must be provided within 15 minutes of notification. Access by air quality monitoring personnel must be allowed when pre-arranged during the workday.

4.3. Establishment of a camp within MOJA will not be permitted.

4.4. Temporary services

4.4.1. Electricity. There is no electrical service available at the project Site. Contractor shall provide appropriate source for power and lighting. Temporary electrical work shall meet requirements of NFPA 70-1996 (NEC), Article 305.

4.4.2. Telephone. There is no telephone service is available on Site for Contractor's use.

There no cellular phone service. The nearest reliable reception is approximately six miles from project Site.

4.4.3. Water. There is no water available on Site for Contractor’s use. Contractor shall provide sufficient water for Site use.

4.4.4. Sanitary facilities

4.4.5. Provide sufficiently-lighted and ventilated toilet facilities and hand wash facilities for use by personnel.

4.4.6. Place in NPS-approved locations convenient to work area. Relocate if work progress requires.

4.4.7. Service and clean toilet and hand wash facilities at least weekly, or in compliance with requirements imposed by California and San Bernadino County, whichever is more stringent.

4.4.8. Completely remove sanitary facilities on completion of work.

4.5. Fire protection

4.5.1. A capable, competent, and qualified person shall be placed in charge of fire protection.

The responsibilities shall include locating and maintaining fire protective equipment and establishing and maintaining safe torch cutting and welding procedures.

4.5.2. The Contractor is responsible for adhering to all fire prevention restrictions issued by MOJA and for providing adequate fire protection and prevention measures. All work practices will be regulated by the park’s fire management officer; specific work activities may be prohibited during times of high fire danger.

4.5.3. Take all necessary precautions to prevent fire. Provide adequate ventilation during use of volatile or noxious substances. Equip all gasoline or diesel-powered equipment used in potential forest and grass fire locations with spark arresters approved by NPS. Provide one appropriately sized, inspected, and readily available extinguisher on each vehicle or piece of equipment.

4.5.4. Welding, torch cutting, or other flame/spark producing activities shall be performed only when adequate fire protection is provided and after approval by MOJA POC.

4.5.5. Designated smoking areas must be cleared of vegetation, equipped with a 5-gallon bucket of sand, and posted as a designated smoking area. No smoking is allowed outside of designated areas.

4.6. Natural resource protection

4.6.1. Do not feed or disturb wildlife within park boundaries. Always comply with food-storage and garbage disposal requirements. Suspend activities when dangerous animals (mountain lions, etc.) come near an active work area and create potential animal/human conflict.

Notify the COR and MOJA POC immediately for resolution of potential animal/human conflicts.

4.6.2. Protect Desert Tortoise. The Site is located in the U.S. Fish & Wildlife Service’s Designated Desert Tortoise Habitat. The Desert Tortoise is listed as “threatened” under the United States federal Endangered Species Act. Contractor personnel shall become familiar with the requirements for tortoise awareness including watching the following videos:

https://www.nps.gov/media/video/view.htm?id=DBCCFE6F-F66A-FDCE-1909BC5E55030DFF https://www.nps.gov/media/video/view.htm?id=DBCCFE6F-F66A-FDCE-1909BC5E55030DFF

(4 minutes) prior to mobilizing to the Site. In addition, all project personnel will attend an on-site tortoise and wildlife awareness training to occur on the first day of on-site work (approximately fifteen minutes). Contractor shall conduct all work in a manner protective of the desert tortoise as directed by the COR, including the use of tortoise fencing.

4.6.3. All project employees must follow Leave No Trace principles at the job site to protect wildlife from human food conditioning. All food and garbage shall be stored in an approved manner to prevent access by wildlife unless being prepared or consumed, and even in those cases, it shall be kept within arm's reach. Coolers shall never be left in the back of open trucks.

All food and trash shall be removed from the project Site at the close of work each day.

4.6.4. The Contractor shall control the transfer of noxious weeds and plants into the park environment. The Contractor shall incorporate decontamination procedures for all vehicles, trucks, and equipment used at the Site. Vehicles and equipment will be inspected by Park Representative prior to entry into the park for mud, weeds, and other unwanted substances. Wash earth-moving equipment (including haul vehicles) of mud and weed seed. Subsequent entries of hauling vehicles will not require cleaning unless requested. Notify Park Representative a minimum of 48 hours prior to entry of vehicles and equipment to schedule inspections.

4.6.5. Disturbance of existing vegetation shall be minimized. The Contractor must not disturb Joshua Trees, Mojave Yuccas, and cacti. Consult with Park POC and attempt to avoid unnecessary impacts to all vegetation, including special status species and to get clearance to remove vegetation that interfere with removal activities. Do not fasten ropes, cables, or guy wires to existing vegetation.

4.6.6. Carefully supervise excavating, grading, staging, and other operations near vegetation to prevent damage.

4.6.7. Take all necessary reasonable measures to reduce air and water pollution by any material or equipment used during Site work. Do not idle equipment not in use for more than 5 minutes. Do not dispose of volatile wastes or oils in storm or sanitary drains. Do not allow waste materials to be washed into streams or bodies of water.

4.6.8. Fill all trenches or holes at the end of each day. If this is not possible, all holes or trenches shall be fitted with escape ramps or capped to prevent the entrapment of wildlife, such as tortoises and rodents. The mitigation should be reviewed with park Wildlife team for approval.

4.6.9. Separate work areas, including material sources, using a dike or other suitable barrier so that sediment, petroleum products, chemicals, and other liquid or solid material do not enter waters of the U.S. Use care in constructing and removing barriers to avoid discharge of material into, or siltation of, water. Remove and properly dispose of sediment and other material collected by barrier.

4.6.10. Do not operate or park equipment outside removal action limits or on topsoil areas, except as approved by MOJA POC. Do not operate or store vehicles and equipment leaking oil, gas, or antifreeze within park boundaries. Do not drain oil, hydraulic fluids, antifreeze, or other chemicals onto ground within park boundaries. Completely contain diesel fuel at work Site.

Clean up any spill immediately and notify COR and MOJA POC.

4.6.11. Every day prior to commencement of work all equipment shall be inspected for leaks and repaired immediately. Do not use equipment that is leaking. Keep supply of acceptable absorbent materials at job Site in event of spills. Acceptable absorbent materials are those manufactured specifically for containment and cleanup of hazardous materials.

4.6.12. During excavation and soil loading activities, a water mister/sprayer shall be used when necessary to suppress dust. Cessation of work may be necessary during excessively windy conditions.

4.6.13. Keep project neat, orderly, and in a safe condition always. Keep volatile wastes in covered containers.

4.6.14. No on-Site treatment of hazardous substances is allowed on park land.

4.7. Cultural resource protection

4.7.1. All work will be performed with the goal of protecting cultural resources. MOJA’s Cultural Resource Manager will be included in all decisions regarding cultural resources at the Site during the Removal Action.

4.7.2. Site personnel will exercise care so as not to disturb existing structures and Site features. Any existing rubble/foundation stones or retaining wall stones that have fallen onto tailings soils or into the Removal Action area will be manually removed, and either restored or stockpiled at the direction of the archeological monitor.

4.7.3. If unknown cultural resources are uncovered during the project, all work shall be stopped in the discovery area pending further investigation and consultation. If concealed archaeological resources are encountered during project activities, all necessary steps shall be taken to protect them; notify the MOJA POC, who will alert the Cultural Resources Program Manager, immediately upon their discovery.

4.7.4. If human remains, funerary objects, sacred objects, or objects of cultural patrimony are discovered during project activities, NPS will follow the substantive requirements of the regulations implementing the Native American Graves Protection and Repatriation Act (43 CFR Part 10).

4.7.5. Archeological monitoring.

4.7.5.1. The archeological monitoring services may be performed by NPS, or if Option D is exercised by the Contracting Officer, the contractor shall engage someone to perform archeological monitoring services.

4.7.5.2. Definitions:

a. Archeological Resources: Archeological resources are the physical evidences of past human activity, including evidences of the effects of that activity on the environment.

Archeological resources represent both prehistoric and historic time periods.

b. Archeologically Sensitive Areas: Areas that have the potential to contain significant (National Register eligible) archeological resources. If National Register eligible or listed archeological resources could not be avoided, an appropriate mitigation strategy would be developed in consultation with the state historic preservation officer and, if necessary, associated American Indian tribes.

c. Non-sensitive Areas: Areas with little, if any, potential of containing significant (National Register eligible) archeological resources.

d. Archeological Monitor: Qualified person who oversees construction or removal activities that could disturb archeological resources. If the person is a contractor or subcontractor (i.e. not a government employee), they must meet DOI Secretary of Interior Standards https://www.nps.gov/subjects/historicpreservation/upload/standards-guidelines-archeology-historic-preservation.pdf

e. Archeological Resources Protection Act (ARPA) of 1979 (P.L. 96-95; 93 Stat. 712):

defines archeological resources as any material remains of past human life or activities that are of archeological interest and at least 100 years old; Section 4 of the statute describes the requirements that must be met before Federal authorities can issue a permit to excavate or remove any archeological resource on Federal or Indian lands; the curatorial requirements of artifacts, and other materials excavated or removed.

4.7.5.3. Execution

a. Contractor shall provide documentation demonstrating that proposed Monitor meets the

DOI standards within 15 days after Option D is exercised.

b. Archeological Monitor will observe all ground-disturbing site work at all archeologically sensitive areas, from a safe location mutually agreed on by Contractor and Monitor. As new ground is broken, Monitor will examine excavated materials, using agreed-upon markers as reference points to record locations of findings.

c. If Archeological Monitor discovers resources, Contractor shall immediately relocate the work to a non-sensitive area to allow Monitor to identify and document resources and, if necessary, develop an appropriate mitigation plan in conjunction with NPS staff.

d. The Contractor shall plan, schedule, and execute the work to prevent stoppages at one area from stopping all work at the Site.

e. Deliverables: If there are findings, prepare a standard archaeological monitoring report, including daily notes and photographs. Submit draft report to CO, COR, and MOJA POC within 30 days after completion of on-site activities and final version after receipt of NPS comments. If there are no findings, then no report is required and the cost will be deducted from the contract price.

5. Removal Action Requirements

5.1. As noted elsewhere, all work must be performed in accordance with the Work Plan and this SOW. In the event of a conflict between the Work Plan and this SOW, notify the CO and COR for resolution; in general, the requirements and timelines in this Statement of Work take precedence over the work plan.

5.2. Interpret “Contractor will” or “would” in the Work Plan (Attachment 2) as “Contractor shall” or “Contractor must.”

5.3. The following activities shall be completed under the technical lead of an Environmental Professional as described herein.

5.4. Project Management.

5.4.1. The Contractor shall facilitate a kickoff conference call no later than 20 days after contract award. Attendees of the kick-off meeting shall include the Contractor Project Manager (CPM), NPS CO and COR, MOJA POC and appropriate staff to discuss the team member roles and responsibilities, project deliverables, overall project planning, scheduling, and communications planning. The Contractor shall send a draft agenda to the CO and COR no later https://www.nps.gov/subjects/historicpreservation/upload/standards-guidelines-archeology-historic-preservation.pdf https://www.nps.gov/subjects/historicpreservation/upload/standards-guidelines-archeology-historic-preservation.pdf than 10 days after award and provide meeting minutes to the attendees within five days after the meeting.

5.4.2. Project Schedule. The schedule shall provide all necessary details regarding the planned sequence and durations of Contractor-performed and NPS-performed (e.g., product reviews) activities. The schedule shall also specify planned completion dates for all tasks in this SOW. Refer to conceptual schedule at the end of this document.

5.4.2.1. All work scope in this SOW shall be completed within 400 days of issuance of Notice to Proceed (NTP). The CO will issue the NTP after the kickoff meeting and acceptance of the performance and payment bonds and liability insurance certificate.

5.4.2.2. Project field work should be planned to occur between November 30 and March 1 to work outside desert tortoise season and avoid desert heat. Mobilization for removal activities shall not occur prior to January 4, 2027 (also see Section 5.7.5).

5.4.2.3. Unless specified otherwise, “days” shall be interpreted in this SOW as calendar days.

5.4.2.4. Unless specified otherwise, NPS shall be allowed 30 days in the schedule to review any deliverable.

• Exception: NPS will review and notify the contractor of acceptance or required changes to revised proposed final documents typically within 10 days after receipt.

• Exception: Days between December 15 and January 15, inclusive, shall not count against the number of review days.

5.4.2.5. Unless specified otherwise for a specific deliverable, the contractor shall be allowed 20 days in the schedule to review NPS comments and produce the next deliverable.

5.4.2.6. All activity sequencing requirements contained in awarded and/or exercised CLINs shall reflected in the schedule logic. If additional CLINs are authorized to be performed by the CO, integrate the additional work and provide a revised master schedule within 14 days after the contract is modified.

5.4.2.7. All Pre-Removal Project Documentation shall be submitted for NPS review within 60 days after award.

5.4.2.8. The CO will issue an authorization to conduct removal activities immediately after acceptance/approval of the planning documents. If requested, the CO will permit the contractor to visit the Site for reconnaissance purposes after NPS acceptance of the SHASP.

5.4.3. Changes to the on-site work schedule must be coordinated with the COR and MOJA POC at least ten working days in advance of implementation.

5.4.4. Prepare and submit a Schedule of Values (SOV) within 15 days after award of the contract, based on solicitation Form 3 that was submitted with the proposal.

5.4.5. Progress Reports. Contractor shall submit a written monthly progress report to the CO and COR by the 8th calendar day of the following month. The monthly progress reports shall include a description of key accomplishments in the reporting period, planned events in the upcoming reporting period, identification of issues encountered and resolutions of issues, an updated project schedule, status of deliverables, and whether current work is on schedule. If the work is not on schedule, the Contractor shall include and updated schedule and suggest actions to get back on schedule.

5.4.6. Teleconference Meetings. The Contractor shall attend a pre-mobilization meeting prior to the commencement of field activities and obtain NPS approval for all site preparation activities as identified in Attachment 2, Work Plan, Section 9.3.1 Site Preparation.

5.4.6.1. The Contractor shall facilitate weekly status calls while conducting field activities.

The weekly status calls are expected to not exceed one hour in duration.

5.4.6.2. The Contractor shall facilitate monthly status calls while not conducting field activities. The monthly status calls are not expected to exceed one hour in duration.

5.4.6.3. The Contractor shall attend and participate in approximately three technical meetings via teleconference with COR and park staff to facilitate review and understanding of submittals and discuss response to comments, as necessary. These meetings are not expected to exceed two hours in duration.

5.4.6.4. The Contractor shall send a proposed agenda to the CO and COR no later than two days prior to each meeting and provide meeting minutes to the attendees within two days after each meeting.

5.5. Pre-Removal Project Documentation.

5.5.1. The Contractor shall prepare and submit draft versions of a Site Health and Safety Plan (SHASP), Under-an-Acre Pollution Prevention Plan (UPPP) (template), Traffic Control Plan (TCP) (no template), Hazardous Material Spill Plan (HMSP) (no template), and Confirmatory and Waste Sampling and Analysis Plan (SAP) (template), within 60 days after award to the Contracting Officer, COR, and MOJA POC. Reviews and revisions will follow the requirements in 5.4.2; with proposed final plans subject to 3.10.5.4; if proposed final documents do not require any changes, they are deemed final.

5.5.2. The Contractor shall also prepare and submit any necessary permitting application materials for off-Site work.

5.5.3. As noted above, the CO will issue an authorization to mobilize and conduct removal activities after NPS concurrence with the final SHASP and NPS approval of the final UPPP, final TCP, and final SAP.

5.5.4. The SHASP shall comply with applicable OSHA regulations and FAR clause 52.236- 13, Alt I. The Contractor shall have this SHASP available onsite for review if requested by the NPS COR or MOJA POC.

5.5.5. Contractor shall incorporate measures in the plans to ensure all work will be protective of the desert tortoise, including the use of tortoise fencing.

5.5.6. The UPPP shall comply with the Clean Water Act and Attachment 2, Work Plan.

5.5.6.1. Use swales and other erosion control measures as specified in the approved UPPP to prevent soil run-off. Materials are to be removed in a timely manner once they are no longer necessary.

5.5.6.2. If erosion or temporary sediment control products containing natural fiber are to be used, they must be of certified weed-free origin. Straw wattles are prohibited.

5.5.6.3. If mesh or netting is used, it is to be of loose weave construction with moveable joints ("leno weave" or "gauze weave") and with holes either no larger than 0.25 inches across or they must be over 3 by 3 inches in dimension.

5.5.6.4. Include submittals (cut sheets) for all products to be installed. Biobased products are preferred; refer to BioPreferred|Catalog.

5.5.7. HMSP shall implement and comply with the Best Management Practices (BMPs) in the UPPP, Work Plan, and this SOW.

https://www.nps.gov/dscw/upload/UnderAnAcrePollutionPreventionPlan-UPPP-6-24-24-508.docx https://doimspp.sharepoint.com/sites/ext-nps-csportal/SitePages/ReportTemplates.aspx https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

5.5.8. The TCP shall specifically address procedures to be used for truck loading, staging, and routing at the site and along Hidden Hill Road. Staging locations outside of the site boundary and Site access road are limited to paved surfaces.

5.5.8.1. MOJA does not have load, weight, or size limits that are more restrictive than the State or County laws.

5.5.8.2. Heavy equipment must have adequate mufflers and pollution emission controls.

5.5.8.3. Site access will be from Kelbaker Road and Hidden Hill Road. Road improvements to Hidden Hill Road, a dirt road, are not permitted.

5.5.8.4. All truck traffic and vehicle routes between the site and the landfill(s) shall be selected to maximize worker and visitor safety and to minimize impacts on park operations.

Contractor is not permitted to travel off established roads for any purpose.

5.5.8.5. The TCP shall specify the truck traffic and vehicle routes between the site and the selected landfill(s) and include any anticipated impact on visitors or park operations. Contractor is not permitted to travel off established roads for any purpose.

5.5.8.6. NPS does not intend for improvements to be made to Hidden Hill Road. However, if Site access by appropriate equipment for the removal action is impossible without repairs then submit proposed repairs in the draft TCP for approval by the MOJA POC, COR, and CO. No improvements shall occur unless approved by NPS.

5.5.9. The SAP shall include collection of samples for waste characterization and confirmation and comply with Attachment 2, Work Plan, Sections 9.3.3 and 9.3.4.

5.5.10. The SAP shall include provisions for recalculation of exposure point concentrations (EPCs), if initial confirmation samples do not meet the Remedial Goal(s) in the Work Plan.

5.6. Prior to Excavation:

5.6.1. The Contractor shall complete and perform all notifications and compliance requirements to ensure a safe removal project.

5.6.2. The excavation area shall be demarcated as a safe work zone, including delineation of Joshua Trees, Mojave Yuccas, and cacti requiring protection, historic structures requiring protection, and utility clearances.

5.6.3. The Contractor is required to coordinate with NPS, local park air program, and state officials on all necessary activities.

5.6.4. Determine preliminary extent of contamination per Work Plan Section 9.3.3. Provide XRF sample GPS locations and readings in tabular format to the COR and MOJA POC along with photos of the staked-out proposed excavation perimeter within 48 hours (not including weekends) of sample collection.

5.6.4.1. Do not commence excavation until receiving permission from NPS COR after submittal of preliminary extent of contamination documentation. Allow a minimum of 48 hours (not including weekends) for NPS review of preliminary extent of contamination documentation.

5.7. Excavation, Transportation, and Disposal

5.7.1. The Contractor shall conduct the RA in accordance with the Work Plan, the concurred/approved Site-specific documents listed in Section 5.5 of this SOW, and all applicable laws and regulations.

5.7.2. The RA at the Site is focused on copper in tailings. Tailings material and ancillary contaminated soil shall be excavated using mechanical equipment and/or hand tools, as needed to protect historic structures, Joshua Trees, Mojave Yuccas, and cacti.

5.7.3. Excavated material shall be placed in a minimum of three separate stockpiles, labeled by source, on polyethylene sheathing in the vicinity of the excavation and subject to waste characterization as described in Attachment 2, Work Plan, Section 9.3.4. If applicable, segregate and manage excavated soil as non-hazardous, non-RCRA (Resource Conservation and Recovery Act) hazardous, or RCRA hazardous waste.

5.7.3.1. To prevent erosion of excavated contaminated material, cover and secure stockpiles with polyethylene sheathing following excavation activities and at the end of each work day.

5.7.3.2. Do not excavate soils during severe weather conditions (i.e., heavy rain and/or high winds).

5.7.3.3. Conduct dust monitoring & dust control in accordance with the Work Plan and approved UPPP.

5.7.4. The Contractor shall not, at any time, expand or stockpile the contaminated soil outside of the safe work area zone.

5.7.5. From November 30 through March 1 (late fall and winter), desert tortoise monitors are not needed for this work. If the contractor performs on-Site work between March 2 and November 29 (spring, summer, and early fall), the contractor shall hire either a US Fish and Wildlife Service-Approved Authorized desert tortoise biologist (as defined by the US Fish and Wildlife Service) or a qualified biologist supervised by the Authorized biologist is to be onsite during the work. Every effort shall be made to conduct on-site work when tortoise monitors are not required. However, initial site mobilization cannot occur prior to January 4, 2027.

5.7.6. A licensed transport, storage, and disposal (TSD) company, in good standing with the State of California, shall be utilized.

5.7.7. The signed waste manifests and bills of lading shall be sent to the CO and COR within 45 days of disposal and a copy shall be included with each invoice on which disposal is billed.

5.8. Sampling.

5.8.1. The Contractor shall perform waste characterization sampling and analysis, in accordance with the Work Plan and approved SAP.

5.8.2. Notify NPS of waste characterization results with estimated quantities for all proposed landfills within 5 days of receipt of results. The results will inform which option(s) NPS will exercise for transportation and disposal.

5.8.3. The Contractor shall perform post-removal confirmation sampling and analysis following the removal of contaminated material, in accordance with the Work Plan and approved

SAP.

5.8.3.1. Submit tabulated confirmation sampling results to the CO and COR as soon as possible, showing analytical values compared to the remedial or removal goals (RGs) and highlighting all exceedances.

5.8.3.1.1. If results are below the RGs, no further contaminated soil removal and disposal is required.

5.8.3.2. If results exceed the RGs, the Contractor and NPS will develop an approach to meet them, which may include continued soil removal and disposal with associated additional confirmation sampling, and/or recalculation of exposure point concentrations (EPCs).

5.8.3.3. If NPS determines that additional excavation and disposal are necessary within 30 days of receipt of tabulated results, then all costs associated with any remobilization of equipment shall be part of the awarded contract price.

5.8.3.4. The contractor shall comply with the approved UPPP during the decision interval.

5.9. Site Restoration. After NPS determines that it is appropriate, the Contractor shall recontour and restore the Site in accordance with the Work Plan and the following.

5.9.1. Note that the Work Plan calls for recontouring with no backfilling of removed materials.

5.9.2. The park restoration ecologist, hydrologist, and geologist will provide guidance for recontouring the Site to blend with surrounding contours. Finish grading and cleanup shall be limited to that necessary to return the area to its natural condition and control surface erosion.

5.9.3. All Site areas disturbed by the RA shall be hydroseeded using an appropriate seed mix of native species that is locally or regionally sourced from Mojave Desert seed transfer zones.

Seeds from other sources are subject to approval by Park restoration ecologist. The seed mix shall be proposed by the Contractor and approved by MOJA POC prior to placement.

5.9.4. After hydroseeding, rake out all equipment tracks in disturbed areas.

5.9.5. Restore the site road to previous condition or leave in current condition, if improved.

5.10. Reports.

5.10.1. The Contractor shall prepare draft and proposed final Response Action Completion Reports (RACR) and fact sheets describing the remediation efforts for the MOJA Hidden Hill Mine.

5.10.2. Submit the draft report and draft fact sheet to the Contracting Officer, COR, and MOJA POC within 30 days after the final site inspection. The reviews and revisions of the draft and proposed final report will follow the standard timeframes in Section 5.4.2 and the details in Section 3.10.5.4. The RACR shall conform to the NPS Response Action Completion Report Template . The RACR shall detail activities performed, include figures showing Site features and sampling locations, Site photographs (photographs shall be taken of the Site and surrounding area prior to, during, and after the removal of soil), results, conclusions, recommendations and “lessons learned”.

5.10.3. The fact sheet shall conform to the Fact Sheet Template - Response Action Completion Report.

5.10.4. The Contractor shall prepare and submit the draft archeological monitoring report (see Section 4.7).

5.11. Final Site Inspection & Contract Closeout.

5.11.1. Do not request the site inspection until restoration is complete.

5.11.2. Before scheduling the final inspection, remove all barriers, tools, equipment, surplus materials, and rubbish.