Attachment 2_SOW Milan TN Phase 1 ESA.pdf

STATEMENT OF WORK

ENVIRONMENTAL SITE ASSESSMENT, PHASE I

UT Research and Education Center, Milan, Gibson County, TN

C-1 Project Purpose and Specifications.

The purpose of this project is to:

(a) conduct a Phase I Environmental Site Assessment (ESA) in accordance with the American

Society for Testing and Materials (ASTM) Standard E-1527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, 40 CFR 312, and 33 CFR 137;

(b) complete the attached Appendix A, Excess Real Property Checklist, Select Questions, and document with sufficient detailed information explaining responses to the checklist;

(c) document the findings in a professional report; and

(d) within the report, make recommendations, if necessary, of any further actions required under a phase II ESA including costs, expected benefits, and how the additional work will define or refine potential liabilities.

For the purposes of this statement of work, the full range of environmental issues and liabilities associated with the parcels will be assessed, including those associated with the Comprehensive Environmental Response, Compensation and Liability Act liabilities and petroleum products.

These environmental issues and liabilities include, but are not limited to, those under the Resource Conservation and Recovery Act, Safe Drinking Water Act, Clean Air Act, Clean Water Act, Toxic Substance Control Act, and Federal Insecticide, Fungicide, and Rodenticide Act.

Additionally, if the location utilized radiological and/or biological materials, the contractor shall verify that appropriate closure documentation exists.

In doing so, the contractor shall document in the report, the rational for each determination referencing previous surveys, inventories, and other documents utilized to make the determination.

Information obtained shall be used to evaluate and make a recommendation on whether or not Phase II ESA is required. If recommended, including costs, expected benefits, and how the additional work will define or refine potential liabilities. If the additional work is sampling, identify the rationale and methodology for selecting the types, numbers and locations of samples to be collected and analyzed as well as a list of pollutants to be analyzed and analytical methods.

The contractor shall identify and furnish all personnel, materials, equipment, safety gear, and services necessary to achieve this project. The ESA shall be conducted in strict compliance with Federal, State, and/or local requirements for this type of work.

C-2 Background/Scope. USDA ARS Jackson, TN is acquiring a lease from the University of Tennessee Research and Education Center in Milan, TN consisting of 1 small parcel of land which totals 7.32 acres to be used to conduct plant breeding field research that will benefit U.S.

soybean growers. Aerial photographs and legal descriptions are provided in the attached file entitled “General Description Field N-14”.

C-2.1 Location Name and Physical Address(es).

The subject property is a sub parcel of a larger parent tract owned by UT and is located at 3 Ledbetter Gate Road, Milan, TN 38358.

The legal description of the properties is as follows:

General Description: A 7.32 acre field known as N-14 at the “North Tract” of University of Tennessee Research and Education Center at Milan, TN.

Acreage – 7.32 acres Legal Description: an irregular shaped parcel of land located within Gibson County, TN parcel 122 030.00 owner State of Tennessee whose property corners are as follows:

35.938451/-88.717894, 35.938904/-88.718132, 35.939928/-88.718134, 35.940354/- 88.717860, 35.940966/-88.716166, 35.940958/-88.715399, 35.938451/-88.717894.

C-2.2 Agency Points of Contact.

Kevin Magee (Engineering Project Manager) EPM 662-336-0712 Kevin.magee@USDA.gov

Sheila Parker

(662) 686-3745 Sheila.Parker@USDA.gov

C2.2.3 Location POC.

Chris Street (Location Point of Contact) LPOC 731-425-4744 Chris.Street@USDA.gov

C-2.3 Description of Properties.

General Description: A 7.32 acre field known as N-14 at the “North Tract” of University of Tennessee Research and Education Center at Milan, TN.

Acreage – 7.32 acres Legal Description: an irregular shaped parcel of land located within Gibson County, TN parcel 122 030.00 owner State of Tennessee whose property corners are as follows:

35.938451/-88.717894, 35.938904/-88.718132, 35.939928/-88.718134, 35.940354/- 88.717860, 35.940966/-88.716166, 35.940958/-88.715399, 35.938451/-88.717894.

C-2.4 Property Uses.

The parent tract of land is owned by University of Tennessee Research and Education Center and USDA Agriculture Research Service for the purposes of agricultural research.

The Parcel listed in this document is being leased so that crop research can be performed by USDA on these parcels.

C-2.5 List of Buildings and Structures.

N/A

C-3 Conducting the ESA.

Successful completion of Phase I ESA of this project includes Government acceptance/approval of the ESA Report.

C-3.1 Work Plan.

The contractor shall develop and strictly adhere to a comprehensive work plan and schedule to be approved by the Contracting Officer (CO) before proceeding. This work plan shall describe mailto:Kevin.magee@USDA.gov mailto:Sheila.Parker@USDA.gov mailto:Chris.Street@USDA.gov and discuss in detail how the contractor will safely carry out the project activities in the required time-frames. The plan shall describe and discuss, at a minimum, how the contractor will manage and carry out the following activities:

• records review, site reconnaissance, and interviews;

• documentation and presentation of the report (i.e., outline, photos, references, notes, etc.)

• project milestones and schedules;

• resumes of person(s) conducting the ESA; and

• site and project management procedures.

C-3.2 Records Review.

In addition to those records identified in the ASTM standard, the contractor shall review all pertinent records necessary to conduct the expanded ESA.

C-3.3 Site Reconnaissance.

The contractor shall coordinate with local personnel to ensure access/escort during the site reconnaissance. All buildings and other surface and subsurface structures should be accessed and fully inspected.

C-3.4 Interviews.

The contractor shall conduct interviews with key location personnel both past and present. The contractor will submit a list of personnel for approval by the CO prior to commencing interviews.

C-3.5 ESA Report.

Prior to beginning preparation of the ESA report, the contractor will discuss with appropriate Agency representatives the findings and recommendations of the report.

C-4 Site Security.

The contractor shall identify and provide an adequate level of site security during all phases of the project. This applies to maintaining the operational security and integrity of any equipment that may be needed and brought on site, as well as minimizing the likelihood of personal injury or environmental damage.

C-5 Notification of Accidents and Releases.

The contractor shall notify the CO at the time of occurrence or discovery of any accident, injury, unauthorized access, vandalism, release or imminent threat of release of hazardous substances, or other unusual events or circumstances, or as soon afterward as possible.

C-6 Spills and Environmental Contamination.

Affirmative measures shall be adopted and implemented as necessary to prevent, minimize, contain, control, and/or clean up any spill or other discharge of hazardous substance, hazardous waste, or contaminated material during or as a result of work under these specifications.

C-7 Environmental Monitoring.

The contractor shall identify and execute environmental monitoring during project activities as may be necessary to ensure employee and public safety.

C-8 Contact With Others.

The contractor shall not release, provide, or discuss any information concerning this project without the written consent of the CO.

C-9 Coordination with Regulatory Agencies.

If the CO or representative notifies the contractor that EPA, State, local authorities, or their designees wish to monitor or observe specific portions of the project performance, the contractor shall notify the CO a minimum of 72 hours in advance of the time these operations are planned to commence. The CO or representative will notify the agency or its designee as soon as possible thereafter. The contractor shall not commence the activities to be monitored until the required observers are present or the CO or representative allows work to proceed.

C-10 Teleconferences and/or Meetings.

The contractor shall prepare for and participate in teleconferences and/or meetings as may be necessary during the course of the contract. A total of four (4) teleconferences should be anticipated (a post-award teleconference, a teleconference to discuss the draft work plan, a teleconference to discuss the findings and recommendations prior to beginning report preparation, and a teleconference after the draft ESA report is submitted). Additional teleconferences and/or meetings may be scheduled depending on circumstances that arise.

C-11 Submittals.

The contractor shall prepare and submit 5 copies of draft and final work plans and ESA reports.

In addition, the contractor shall submit electronically in MS Word format. Where appropriate, to allow for independent validation, raw data shall be provided.

C-11.1 Responding to Comments.

When responding to comments made on draft documents, the contractor shall provide written responses to each comment. Additionally, the contractor shall make any revisions within these documents utilizing the highlighting/strike-out Microsoft Word word-processing features to designate such changes.

C-11.2 Work Plan.

Within 14 calendar days after contract award, the contractor shall submit a draft work plan. The final plan shall be submitted within seven (7) working days after receiving all comments.

C-11.3 ESA Report.

Within 30 calendar days after approval of the work plan, the contractor shall submit a draft ESA report. ARS will review the draft and provide written comments. The final ESA report will be submitted within 14 calendar days after receiving all comments.

C-11.4 Freedom of Information Act

Regarding responses to Freedom of Information Act (FOIA), 5 U.S.C. 552 and Privacy Act, 5 U.S.C. 552a requests regarding the NEPA analysis, if the Contractor provides USDA with information that would be applicable to a FOIA or Privacy Act request, USDA will notify the Contractor of any request for such information under FOIA. The Contractor will be given reasonable time in which to assert privilege over information or records considered proprietary under FOIA. The Contractor will be notified of USDA’s determination regarding disclosure of such records prior to the disclosure date. USDA retains the right and authority to determine what is releasable in accordance with FOIA. The Contractor will be promptly notified of all instances in which FOIA requesters bring suit seeking to compel disclosure of submitted information.

C-12 Payment Schedule.

Payment for successful completion of this project shall be as follows:

Approved Work Plan – 20% Draft ESA Report – 30% Final ESA Report – 50%

C-13 Specification Variation.

Variations from these specifications proposed by the contractor will be evaluated by the CO and adopted if they are demonstrated by the contractor to be equivalent, cost-beneficial, technically superior, and consistent with regulatory requirements and policies. No variations from these specifications shall be implemented by the contractor without proper written authorization from the CO.

Appendix A Excess Real Property Checklist, Questions 11 – 19

(November 2011)

11. Asbestos:

The below statements shall be made based on information that is reasonably available or ascertainable from agency files, personnel, and other inquiry.

The property has no known asbestos-containing material (ACM).

The property has asbestos-containing materials.

If there is ACM, provide description, type, location and condition of ACM incorporated in the construction, repair or alteration of any improvements on the property and a description of any asbestos control methods taken. In the event a cost/time estimate to remove the ACM is available, include this information. Provide this information on a separate page.

12. Hazardous Substance Activity Certification

Hazardous Substance Activity includes: (1) the known release of hazardous substances in quantities equal to or greater than the reportable quantity found in 40 CFR 302.4; (2) the disposal of a hazardous substance at the subject facility; or (3) the storage for one year or more of a hazardous substance in quantities of 1000 kilograms or more, or the reportable quantity found in 40 CFR 302.4, whichever is greater. Hazardous substance activity includes storage in quantities greater than or equal to one kilogram if the substances are listed under 40 CFR 261.30 as acutely hazardous substances.

Check either statement (A) or (B) below:

A. The reporting agency has determined, based upon a complete search of agency files, that there is no evidence to indicate that hazardous substance activity took place on the property during or prior to federal ownership. Therefore, all remedial action necessary to protect human health and the environment with respect to any such substance remaining on the property has been taken prior to the report of excess.

B. Hazardous substance activity occurred on the property. Based upon a complete search of agency files, the attached documents provide the following information:

1. the type and quantity in kilograms and pounds;

2. the dates that such storage, release or disposal took place;

(and the following information if applicable)

3. the Chemical Abstracts Services Registry Number (CASRN);

4. the regulatory synonym; and

5. the RCRA hazardous waste number (40 CFR 261.30).

If (B) was checked above, you must check either (C) or (D) below:

C. All remedial action necessary to protect human health and the environment with respect to any such substance remaining on the property has been taken prior to the report of excess. Provide copies of all reports on the cleanup.1 (Please note: this requirement is met if EPA has concurred in writing that an installed remedial design is “operating properly and successfully.” Please provide a copy of EPA’s concurrence.)

If (C) will be satisfied through the use of a land use control (either an engineering control or an institutional control), please describe:

(C) above can be checked if GSA’s inclusion of a specific institutional control in the conveyance documents will satisfy the reporting landholding agency’s assertion that all remedial action necessary to protect human health and the environment with respect to any such substance remaining on the property has been taken. Please attach any proposed language for inclusion in the conveyance documents. Please also attach copies of concurrence, if any, from the applicable regulatory agency on the use of a land use control as part or all of the remedy.

D. Remedial action has not yet been taken or completed, but remediation will be completed by (date). Remedial action has not been completed because . Attach additional pages if necessary to describe why remedial action has not yet occurred.

Check the correct response:

The property or a portion thereof is / is not proposed for or listed on the National Priorities List of Superfund sites.

NOTE: Please provide copies of all environmental reports, correspondence with regulators and other documents related to the environmental condition of the property. In the event that the reporting agency conducts environmental investigations as part of the excessing process, GSA requests use of the ASTM standards for Phase I and Phase II environmental site assessments.

13. Polychlorinated Biphenyls (PCBs):

1 Please note that holding agencies are obligated to return to the site and complete any additional remedial action found to be necessary by the applicable regulatory authority with regard to hazardous substance activity that took place on the property prior to the transfer.

CERCLA Certification.doc

Prior to completing this section, review regulations issued by EPA under 40 CFR 761.

There are no known PCBs on or associated with the excess property.

There are known PCBs on the property. An inventory and description of protective action taken is attached.

The reporting agency certifies that it is, and will continue to be, up to the time of disposal, in compliance with 40 CFR 761 to include maintenance of PCB containing equipment.

14. Lead Based Paint (LBP)

Any building constructed or rehabilitated prior to 1978 is assumed to contain LBP.

The improvements have been constructed after 1978 and are assumed free from

LBP.

The improvements were constructed prior to 1978 but have not been tested for

LBP.

Testing indicated that LBP exists in some or all of the improvements.*

Remedial action has been taken for removal of LBP.*

Does target housing exist on the property?

Yes No

If yes, have a risk assessment and paint inspection been completed?

Yes No

Have lead-based paint hazards been abated?

Yes No

NOTE: The landholding agency is responsible for completing a lead-based paint risk assessment and paint inspection for residential structures constructed prior to 1978.

The landholding agency is also responsible for abating lead-based paint hazards in pre- 1960 residential structures, though this requirement may be passed on to the purchaser.

If completed, please provide method of testing, description of remediation and any certification received upon completion of work on a separate page and copies of all studies. If the risk assessment and paint inspection have not been completed, please provide proposed schedule for completion. Additional information on lead-based paint is available from HUD at http://www.hud.gov/offices/lead/index.cfm

Describe here or list attachment(s) http://www.hud.gov/offices/lead/index.cfm

15. Underground Storage Tanks:

There are not and have not been any USTs located on the property.

There are or have been USTs located on the property. Include, a completed EPA Form 7530-1 (Notification of UST) or a form containing this information to include: the number of USTs; their location; capacity; whether the USTs are in use; past and/or current substances stored; date upgraded (if applicable); date out of service (if applicable).

The USTs have/ have not been maintained and are currently in compliance, or will be as of the date of transfer with EPA UST provisions codified at 40 CFR Part 280 and other applicable laws.

NOTE: As of December 22, 1998, all USTs must be removed, closed or upgraded to applicable standards for the following: spill protection, overfill protection, and corrosion protection. Information on USTs is available from the EPA at http://www.epa.gov/OUST.

16. RCRA Permits and Landfills

The excess property has or has not had any current or past RCRA permits associated with it for the treatment, storage, or disposal of hazardous waste. If this first box is checked, describe the type of RCRA-regulated hazardous waste for which the permit was issued and the role of the excess property as a hazardous waste generator or transporter. Also, advise GSA if any current RCRA hazardous waste permits must be maintained after the excess property is transferred or conveyed.

The excess property is or is not the site of an ongoing or past RCRA corrective action project or an ongoing RCRA facility assessment, facility investigation, or corrective measures study. If the excess property is the site of an ongoing or past RCRA corrective action or a related assessment, investigation or study, provide information to GSA on the current status of these efforts and any long-term monitoring responsibilities or land use controls associated with them.

The excess property has or does not have any operating or closed landfills that are subject to a RCRA permit. If there are any RCRA-permitted landfills on the property, provide information to GSA on any ongoing landfill maintenance or monitoring requirements or land use controls associated with these sites.

NOTE: RCRA-based permits and cleanup actions for hazardous waste and landfills are administered under a different regulatory scheme than remedial actions performed under CERCLA. In some cases, entities acquiring excess or surplus federal property may be required to assume the landholding agency’s obligations under an existing RCRA permit. In other cases, regulators may require the landholding agency to retain maintenance responsibility for a landfill site after the site is transferred to a new owner.

Landholding agencies should be prepared to discuss these issues with GSA.

http://www.epa.gov/OUST

17. Mold:

Indoor Mold Hazards are known to exist within a building or buildings on the property being reported excess.

No

Unknown

Yes, there is a known mold hazard or hazards within a building or buildings on the property. If yes, please describe any mold hazards found and any mold abatement measures that have been taken to date.

NOTE In requesting this information about mold, GSA does not expect the excessing agency to complete any additional environmental studies. GSA simply requests whatever information may be in the real property files or otherwise available about the presence of mold or any mold hazards.

18. Radon:

Radon hazards are known to exist within a building or buildings on the property being reported excess.

No

Unknown

Yes, it is known that a radon hazard (i.e., at or above 4 pCi/L) exists within a building or buildings on the property. If yes, please describe any radon hazards found and any radon mitigation or abatement measures taken to date.

NOTE In requesting this information about radon, GSA does not expect the excessing agency to complete any additional environmental studies. Landholding agencies were required to test their buildings for radon in 1989 pursuant to§2669 of the Indoor Radon Abatement Act of 1988 (15 USC §2661, et seq.) and therefore may have information related to radon in their possession. GSA simply requests whatever information may be in the real property files regarding any previously-identified radon hazards.

19. Pesticides:

Pesticides (including herbicides, fungicides, and rodenticides) have been applied in the management of the property.

No

Unknown

Yes, they have been applied properly, in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA -- 7 U.S.C. Sec. 136, et seq.), its implementing regulations, and the instructions provided with such substances.

Yes, they have been applied. However, it is known that there has been misapplication of the pesticides, including a spill or a leak. Improper application of pesticides that qualified as a release of hazardous substances is further documented with the Hazardous Substances Activity Certification, part 12 of the Report of Excess Checklist.

NOTE: While different pesticides are in fact classified as hazardous substances, pesticides that are properly applied in accordance with the FIFRA, its implementing regulations and the instructions provided with such substances, do not constitute a release under CERCLA.

In requesting this information about pesticides, GSA does not expect the excessing agency to complete any additional environmental studies. GSA simply requests whatever information may be in the real property files regarding the past application of pesticides on the property.