Attachment 4 Environmental Concerns.docx

Attachment 3 Environmental Concerns

The following is for informational purposes only. Environmental policies and procedures would take precedence over anything written here.

1. General These Environmental Procedures identify environmental compliance requirements for Ohio Army National Guard (OHARNG) projects. The Environmental Procedures are intentionally broad in scope to ensure contractors have information needed to price and complete work knowing all the requirements. In general, these Environmental Procedures are applicable to all OHARNG projects, but some of the conditions are specific to certain types of work such as pest control, renovation, and demolition. Contractors conducting work not specified in these procedures are considered to be in compliance with no specific action required.

A. The OHARNG is committed to environmental stewardship at all of our facilities and within our communities as a whole. The Adjutant General’s Department maintains an Environmental Management System (EMS) in accordance with (IAW) ISO 14000 standards. If implemented accordingly, following the guidelines outlined in the following Environmental Procedures will ensure Contractor compliance with the EMS policy. Through sound environmental management, the OHARNG is committed to:

· Assuring the sustainability and availability of training lands and facilities to enable soldier training and unit readiness.

· Setting and reviewing environmental objectives and target to manage OHARNG significant environmental aspects.

· Establishing the means to enable continual improvement of our environmental program.

· Complying with all relevant environmental legislation and regulations.

· Ensuring soldiers and employees of the OHARNG are informed of environmental program requirements and are able to execute individual and organizational responsibilities.

· Improving upon pollution prevention and reduction strategies through the application of innovative processes and technologies.

· Considering the environmental requirements and impacts in all planning processes relative to training, equipment fielding, and construction.

B. The Contractor must comply with all applicable local, state, and federal environmental requirements to include applicable Army and OHARNG regulations. This includes, but is not limited to, the proper characterization, management, and disposal of wastes; proper storage, use and transportation of hazardous materials; spill prevention and clean up; obtaining proper permits and submitting proper notifications as applicable to the work being conducted; and protection of surface water and natural resources.

C. The Contractor (to include subcontractors) will not correspond with any regulatory agency regarding an OHARNG project without approval of the OHARNG. This includes meetings, phone calls, emails, permit/application submittals, or other written or verbal communications. The OHARNG will review and approve all correspondence, to include permit applications and notifications, before they are sent to a regulatory agency to include but not limited to the federal or Ohio Environmental Protection Agency (EPA), the US Fish and Wildlife Service, the Ohio Historic Preservation Office, the US Army Corps of Engineers, County Engineer offices, and local Soil and Water Conservation offices.

D. The Contractor is responsible for paying all fees and acquiring all applicable permits or regulatory approvals associated with the work they are performing. Depending upon the permit/notification, it may need to be issued in the OHARNG’s name. Coordination will be done with the OHARNG to determine this and as applicable the Contractor will complete the application/notification for OHARNG signature and submit the application and associated fees. All permit submittals will be coordinated, reviewed, and approved by the OHARNG before submittal regardless of who signs the application.

E. Executive Order (EO) 13693, Planning for Federal Sustainability in the Next Decade, establishes a federal integrated strategy toward sustainability including efforts to “eliminate waste, recycle, and prevent pollution.” Additionally, EO 13693 establishes targets to divert at least 50% of non- hazardous solid waste, including construction and demolition debris, from the waste stream. The

Contractor will utilize the most current waste prevention, waste diversion (salvage, reuse, recycle), and waste minimization guidelines to ensure this target is met.

F. Burning of waste, brush, rubbish, and/or any other debris is not permitted. If brush or vegetation burning is desired, a request to do so must be submitted to the OHARNG for review. If the OHARNG concurs that burning is needed, the Contractor is required to submit a burn permit to the Ohio EPA along with any associated fee. If the Ohio EPA approves the application and issues a permit, the contractor is required to comply with all conditions of the permit. Upon receipt of the Ohio EPA burn permit the contractor will obtain any additional permits required by the OHARNG and/or local fire departments/districts, if any.

2. Emergency Spill Response and Petroleum, Oil, and Lubricant (POL) Management

The Contractor must comply with the local OHARNG Spill Contingency Plan and implement appropriate measure to prevent spills/releases to the environment and to respond, notify, and report when a release occurs. The Contractor is required to inspect their equipment and fuel containers to ensure there are no leaks or releases. The Contractor is responsible for implementing spill response and cleanup of all spills/leaks within the project area immediately upon discovery. Clean up must be satisfactory to the OHARNG and/or the Ohio EPA or other applicable regulatory agency. Wastes will be managed as described in the waste management section of these Environmental Procedures.

The OHARNG will be notified of all spills/releases. Incidental releases (petroleum product less than 25 gallons, a release that stays of OHARNG property, not in water, and not a reportable quantity) will be responded to by the contractor and the OHARNG notified by telephone within 2-hours. Any spill of petroleum products over 25 gallons, a spill that goes off of OHARNG property, a spill of any amount into a body of water, or a reportable quantity release must be reported to the OHARNG immediately. All spills/releases must be reported in writing on the OHARNG Spill Report Form and submitted to the OHARNG within 24 hours. The Contractor will be provided with a copy of the OHARNG Spill Report Form and a point of contact for submitting such reports/notifications.

The Contractor is required to have a spill kit with appropriate absorbents, plastic bags, drums, shovels, and other supplies and equipment suitable to clean up any releases or spills from their activities. Individual fuel/POL cans (5 gallon or less) and hazardous materials used on job sites must be stored in a manner that prevents release to the environment.

3. Seeding

If it should become necessary to seed an area, native seed mixes will be used where suitable and compatible with maintenance requirements. An appropriate turf grass mix will be used for high traffic and high maintenance areas. Annual ryegrass can be added to mixes to provide quick cover. For late season seeding, winter wheat/rye can be added to provide a quick cover. Contractors will use the approved grass seed mixes listed below or propose alternative seed mixes.

Areas that are maintained with regular mowing during the growing season and receive heavy foot traffic will be seeded with an appropriate turf grass mix. Such areas include lawns in cantonment areas, parade fields, and range operational control areas (ROCAs). Turf grass mixes of Kentucky blue grass, fine fescue, and perennial ryegrass using varieties appropriate for the specific application will be identified by the contractor and reviewed and approved by the OHARNG prior to application. Contractors will provide draught resistant varieties in seed mixes. A potential mix and varieties are as follows.

· 40% Kentucky Bluegrass (applicable varieties), 30% Perennial Ryegrasses (applicable varieties), 20% Hard Fescue (applicable varieties), and 10% Creeping Red Fescue (applicable varieties) The OHARNG Environmental Office must approve all seed mixes. Seeding must be mulched with at least 2 inches of straw mulch if broadcast seeded, an appropriate fiber matting, or an appropriate cover if hydroseeded.

4. Water run-off

The Contractor will use best management practices or whatever means necessary to prevent contamination of storm water due to runoff from wastes, debris piles, fuel tanks, materials, equipment, and other storage/materials on the project site. The Contractor is not permitted to disturb or fill any wetlands, streams, or other surface waters while performing tasks within the scope of work unless such disturbance or fill is specifically identified as a task in the scope and applicable permits and authorizations have been obtained. The Contractor will maintain a 30-foot undisturbed buffer around wetlands and depressional areas that hold water and will keep all equipment, materials, vehicles, debris, waste, and personnel out of this buffer and prevent discharges of any type (chemical or soil) from entering such areas.

5. Waste

The Contractor is responsible for minimizing all waste generation from OHARNG projects. Waste will be managed in accordance with all applicable Federal, States, U.S. Army, NGB and OHARNG regulations and requirements. The Contractor is responsible for characterizing all waste generated and notifying the OHARNG of all waste streams, management methodology, and disposal methods prior to beginning work. The Contractor is responsible for properly removing and disposing of waste. Depending on the volume or characteristics of waste generated a waste ticket may be required.

6. Mulch and topsoil

Any mulch or topsoil brought on site must be free of chemical contaminants and organic material (plant or animal parts). The OHARNG reserves the right to require sampling and analysis to confirm mulch or topsoil is clean and free of chemical and/or organic contamination.

7. Threatened and Endangered Species

The OHARNG has training areas and facilities throughout the State of Ohio. Both federally and state listed rare species have been identified at a few OHARNG locations and all OHARNG locations are within the known ranges of other listed species. The OHARNG is required to protect listed species. In addition, there are migratory birds that nest in vegetation and structures on OHARNG property. The Migratory Bird Treaty Act prohibits harm to nesting migratory birds, their eggs, and their nests (with the exception of a few introduced species).

The Contractor is responsible for doing everything possible so as to not intentionally or unintentionally harm any listed or protected species at any OHARNG facility. The Contractor will remain alert for the presence of any animals during groundskeeping operations. If any animals are found, the Contractor will take every precaution reasonably possible to protect wildlife and not disturb the nesting of said wildlife too greatly.

8. Mowing

There are no seasonal mowing restrictions on maintained lawns, grassy rights-of- way, and easements that are regularly mowed and maintained at a height of less than 10 inches. Grass and brush that is allowed to grow more than 10 inches tall during bird nesting season becomes suitable habitat for grassland nesting birds and will not be mowed between 15 April and 15 August unless the Contractor has confirmed the absence of nests and nesting birds to the satisfaction of the OHARNG Environmental Office.

9. Vegetation Clearing (Brush Cutting), Tree Trimming, Tree Removal, and Stump Removal There will be no vegetation clearing, tree trimming, tree removal, or stump removal without first notifying the OARNG Environmental Office except for when it is necessary to hand pull a weed from a flower bed. Due to legal requirements and other considerations, the OARNG Environmental Office must approve any such activity.

10. Flowerbeds and mulching

The Contractor will be required to maintain established flowerbeds with annuals or perennials of a common variety. Flowerbeds are to be mulched and weed free. Grass is to be trimmed next to mulch beds and sidewalk or walking path areas. No chemicals are to be used. If it is necessary to use fertilizer, pest control, herbicides, or other vegetation control chemicals the Contractor is required to contact the OARNG Environmental Office for guidance. The OARNG Environmental Office will determine who should make the applications and what should be applied according to appropriate regulations and guidelines if they deem it to be a necessary application.

11. Cultural Resources

All work on historic structures that are eligible for or listed on the National Register of Historic Places (NRHP) is required to be consistent with the Secretary of Interior Standards for Treatment of Historic Properties (https://www.nps.gov/tps/standards.htm). In addition, depending on the type of work being completed on the historic structure, the Contractor is required to follow additional guidance found in the National Park Service Preservation Briefs (https://www.nps.gov/tps/how-to-preserve/briefs.htm).

If during a project, the Contractor makes an inadvertent discovery of human remains, funerary items, animal remains, household artifacts or other artifacts, they will immediately stop work. All remains and artifacts will be left in place and measures taken to protect the site and artifacts from pilferage and damage will be implemented. The project manager, contracting office, and OHARNG Cultural Resources Manager will be notified immediately. In the event that human remains are identified, the on-site OHARNG security personnel or Range Control must be immediately contacted to allow them to contact the appropriate law enforcement agency.

12. Unanticipated Munitions or Ordnance Discovery

If unanticipated munitions, MEC, or MD are encountered at a work site, ground disturbing work will stop immediately, personnel will vacate the area, the area will be secured to keep personnel out, and the Contractor will immediately notify the OHARNG project manager and local Range Control (if applicable). The OHARNG will investigate the discovery and coordinate with the appropriate UXO or Explosive Ordinance Division (EOD) support personnel. Contractor work in the area of the munitions will be suspended until the area is made/declared safe by a qualified munitions/EOD technician. If the discovery of munitions results in the need to change the scope of work and/or contract terms, such changes will be managed by the appropriate OHARNG Contracting Office.