Attach - 7 Spec 01 57 20 00 10-Env Protection During Const.pdf

FA4488-09-R-0033

Attachment 7

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SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION DURING CONSTRUCTION

PART 1 – GENERAL

1.1 INTRODUCTION

This section covers requirements for environmental pollution prevention and damage to the environment as the result of construction, demolition, and renovation operations under this contract and for those measures set forth in other technical provisions of these specifications. Environmental pollution and damage to the environment is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare, unfavorably impacts ecosystems, or degrades the utility of the environment for aesthetic, cultural, and/or historical purposes. The control of environmental pollution and impacts requires consideration of the potential effects of an action upon air, water, and land resources, and includes management of visual aesthetics, natural and cultural resources, noise levels, solid waste, dust, hazardous waste, toxic waste, and radioactive materials, as well as other pollutants.

1.2 QUALITY CONTROL

The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall record on daily reports any problems in complying with laws, regulations, permit requirements, ordinances, and corrective action taken. The Contractor shall immediately inform the Contracting Officer (CO), 43d Civil Engineer Construction Management Office (43 CES/CECC) and the 43d Civil Engineer Environmental Office (43 CES/CEV) of any environmental problem.

1.3. KNOWLEDGE OF ENVIRONMENTAL REQUIREMENTS

The Contractor is responsible for being knowledgeable of, and complying with, all applicable federal, state, and local laws, regulations, permit requirements, and Air Force policy. Whenever there is a conflict among federal, state, and local laws, regulations, and permit requirements, the more restrictive provision shall apply.

1.4. CONTRACTOR COMPLIANCE

A. Permits

The Contractor shall comply with all requirements under the terms and conditions set forth in any and all permits issued for work under this project (or related projects) by any local, state or federal agency.

(e.g., North Carolina Department of Environment and Natural Resources (NCDENR), Erosion and Sedimentation Control Permit, NCDENR Asbestos Abatement Permit, 401 Water Quality Permit, NCDENR Air Quality Permit, NCDENR Sanitary Sewer Permit, NCDENR Solid Waste Landfill Permit, U.S. Environmental Protection Agency Permit, etc.). Any changes to permits must be justified and coordinated with 43 CES/CEV and the appropriate regulatory agency.

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B. Environmental Management System (EMS) Awareness

The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility EMS applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the EMS Site Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the EMS and how these requirements affect their work performed under this contract.

All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified for the type of work conducted on-site. Upon contract award, the CO will notify the Civil Engineer Construction Inspector to arrange for facility-level EMS Coordinator to present contractor EMS training during the Pre-Construction Conference.

The Contractor or contractor’s representative shall participate in a briefing on EMS Awareness as it relates to Pope AFB’s significant aspect(s). This will be accomplished at the Pre-Construction Meeting or another time prior to the start of the project. The contractor will certify he has received training by signing the EMS Awareness Training Certificate of Completion. EMS Awareness Training is required of all contractors regardless of project scope. 43 CES/CEV maintains copies of the training certificates and can provide training documentation to the CO if requested.

C. Contacts with Regulators and Fines

The Contractor shall inform the 43 CES/CEV and the CO of any contact with regulators, including copies of correspondence, site visits and inspections. If a permit requires mitigation, that mitigation shall be coordinated with the 43 CES/CEV. The Contractor shall be liable for any costs, assessments, fines, legal fees, etc., that the Air Force may incur resulting from actions or responsibilities of the Contractor.

D. Subcontractors

Assurance that subcontractors comply with the environmental protection requirements of this section will be the responsibility of the prime Contractor.

PART 2 – PRODUCTS (NOT APPLICABLE)

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PART 3 - EXECUTION

3.1 SUBMITTALS

The following shall be submitted in accordance with (IAW) Sections SUBMITTAL DESCRIPTIONS and/or SUBMITTAL PROCEDURES. For Design-Bid-Build Projects, the contractor must submit in writing an Environmental Protection Plan (EPP) within 10 calendar days after the date of Notice of Award. For Design-Build Projects, the EPP must be submitted at the 50% (unless stated otherwise in contract documents) design review and continue through approval at the 100% design review. The EPP must be approved by the CO with input from 43 CES/CEV prior to starting construction. During construction, the Contractor shall submit monthly environmental reports by the 5th day of each month throughout the length of the contract to the Contracting Office (43 CONS/LGCA), who in turn, will provide copies to 43 CES/CEV via 43 CES/CECC. These monthly reports will include information on contractor chemical use; recycling; disposal of chemicals and disposal of discarded materials; erosion control activities and dates including species seeded/planted and nursery/manufacturer source; hydro-seeding or mulch projects; installed erosion control products; spills, abatement and reporting; and landscaping activities to include dates, species, type and nursery sources. Sample forms to provide Contractors guidance are included in Attachments 1, 2, and 4. Additional recurring reports that the contractor must submit are listed on attachment 2 of this Environmental Protection Specification.

3.2 ENVIRONMENTAL PROTECTION PLAN (EPP)

The contractor’s EPP must be project specific. The content and extent of the EPP is dependent on the type and magnitude of work and its potential to affect the environmental areas/topics below. The Contractor’s EPP shall include, but is not limited to, the following: (Note: Areas that are not applicable to the project shall be marked “Not Applicable (NA).

A. Legal Requirements

A list of federal, state, and local laws, regulations, and permits concerning environmental protection and pollution control and abatement that are applicable to the Contractor's proposed operations and the requirements imposed by those laws, regulations, and permits shall be included. Whenever there is a conflict between federal, state, or local laws, regulations, and permit requirements, the more restrictive provision shall apply. This submittal is for the Air Force’s information only and does not absolve the Contractor from procuring and implementing all necessary permits and complying with all environmental regulations.

B. Protection of Features

The Contractor shall prepare a listing of methods to protect resources needing preservation within and near authorized work areas. These include, but are not limited to, natural vegetation such as trees, shrubs, vines, grasses, and ground cover; landscape features; air and water quality; fish and wildlife;

habitat; sensitive species; soil; and historical, archaeological, and cultural resources.

C. Environmental Protection Procedures

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Procedures to be implemented to provide the required environmental protection and to comply with the applicable laws and regulations shall be included. The Contractor will establish procedures to be followed to correct pollution of the environment due to accident, natural causes, or failure to follow the procedures set forth in the EPP.

D. Erosion and Sedimentation Control Plan and General Permit to Discharge Stormwater under the National Pollutant Discharge Elimination System (NPDES) #NCG010000.

(1) When the total area of land to be disturbed is 1 acre or more, in size, the Contractor shall apply for coverage under the above referenced permit by submitting a proposed Erosion and Sedimentation Control Plan (ESCP) to the Division of Land Resources of the North Carolina Department of Environment and Natural Resources (NCDENR). The ESCP takes the place of a Notice of Intent for coverage under this General Permit for projects requiring permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the proposed ECSP by the Land Quality Section of the Division of Land Resources. Approval of the ESCP must be obtained prior to the commencement of construction and land-disturbing activities. The contractor must comply with the conditions of the permit issued by the NCDENR IAW North Carolina Administrative Code, Title 15, Department of Natural and Economic Resources, Chapter 4, Sedimentation Control. The Contractor shall be responsible for taking all actions necessary to comply with the erosion and sedimentation control laws and implementing the permit.

When the area to be disturbed is less than 1 acre, a formal plan is not required; however, erosion and sedimentation control measures will be implemented as needed to minimize erosion and pollution of water resources.

(2) If the project is already covered by such Permits and Plans, the Contractor shall abide by such IAW Section 1.4 of this specification. The Contractor shall coordinate such applications, plans, and permits with the CO and 43 CES/CEV.

(3) Ground cover must be reestablished early in the project rather than being reserved as the last item of work. The Division of Land Resources requires that disturbed areas be seeded and ground cover established within 21 days of any phase of grading. Over 85% of the final ground cover must be established by the time the Contractor demobilizes. Final retainage will not be released until 100% of the final ground cover is established by the Contractor. Between 15 August and 15 April recommended grass species for erosion control are a 2:1 ratio of KY 31 tall fescue to Bermuda grass.

Between 15 April and 15 August the ratio should be 1.25 tall fescue to 1 Bermuda grass. Grass species attractive to wildlife such as millets are prohibited for use on or near the airfield due to the BASH potential.

E. Oil and Hazardous Materials Spill Prevention and Contingency Plan

The contractor shall develop a plan to prevent releases/spills of oil or hazardous materials to be used on the project. The plan shall indicate methods the contractor will use to restore any damage to the environment caused by any release of oil or hazardous material on the project site. Re-vegetation of the site shall be done as appropriate for the proximity of the spill near to the airfield. The plan will

Environmental Protection During Construction (16 Mar 09 - Rev 19) Page 5 of 23 Replace Broken Storm Drain Pipe, Bldg 764 Parking Lot also contain an inventory of the type, amount and location of hazardous chemicals the contractor will have on the job site at any time.

(1) IAW POPEI32-102, paragraph 5.1.4, Spill Control and Prevention, the contractor is responsible for the proper use, storage, and disposal of contractor-caused used oil spillage IAW Pope AFB Facility Response Plan (FRP). “Person/s discovering the emergency will take all steps possible to immediately alert others in the area, shut down all fuel operations (if appropriate), notify the base Fire Department by dialing 911 and safely initiate steps to control the emergency and reduce the hazard.”

(2) IAW POPEI32-102, paragraph 5.1.5, Spill Cleanup, any used oil spillage caused by the contractor while performing services under this contract shall be cleaned up immediately by the contractor according to the State of North Carolina guidance document, Disposal of Solid Residue from Petroleum Discharge Cleanups. All contractor vehicles shall have spill control materials such as shovels, absorbents, and plastic bags. If the spill occurs on a concrete or asphalt surface, the contractor shall use an oil absorbent material on the spill and clean up the area until only a stain remains.

Disposal of the contaminated material shall be as directed by the Centralized Accumulation Site (CAS). If the spill occurs on natural ground, the contractor shall remove the contaminated soil, replace it with clean soil, and dispose of the contaminated soil as directed by the 43 CES/CEV. The affected area must be returned to its original state. Oil recovered from a spillage incident shall be contained and stored in contractor-furnished, above ground, approved containers (see Section 4.1.2.1 of POPEI32-102). The contractor shall provide a written report to the CO of all spills within one working day of the occurrence. The contractor shall take every precaution to prevent oil spillage from entering into storm drains, drainage ditches, sewers, creeks, or other bodies of water.

F. Green Procurement Guidelines

Describe in the EPP how the Contractor will comply with Specification 01002 Pope Air Force Base’s Green Procurement Guideline which promotes recycling by using government purchasing to expand markets for recovered materials and recycled products. Executive Order 13101 requires all federal agencies to implement a green procurement program for the specified items designated by the Environmental Protection Agency (EPA).

G. Drawings

(1) Drawings showing locations of any proposed temporary excavations or embankments of haul roads, stream crossings, material storage areas, temporary fuel tanks, sanitary facilities, and stockpiles of excess or spoil materials shall be included.

(2) The drawings shall include a work area plan showing the proposed activity for each portion of the area and identifying the areas of limited use or no use. The plan should include measures for marking the limits of use areas.

(3) As-builts shall include electronic ArcView shapefiles and CADD data-layer files in the format being used by 43 CES. These will be used to update Pope AFBs GIS and CADD database.

H. Environmental Monitoring Plan and Log

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The EPP shall include plans for monitoring environmental compliance for the job site, including land, wildlife, habitat, water, air, noise, hazardous and toxic wastes, hazardous materials and solid waste disposal. The monitoring log shall be available for inspection by the CO and 43 CES/CEV.

I. Foreign Object Damage Prevention

All contractors are responsible to comply with Pope AFB Instruction 21-111 (OPR is 43 AW/CVF).

Specific areas of interest include the following: “A foreign object (FO) is any object that is alien to an area or system. Foreign object damage (FOD) is damage to aircraft, drones, space systems, support equipment, engines, components, or missiles (except ICBM’s), caused by debris. Some examples of FOD are engine damage caused by ingestion of loose hardware, rocks, etc., and tires damaged by debris on the ramp or taxiway. The flight-line includes access roads, the paved areas around all hangars and nose docks, aircraft parking areas, the runway (including the overrun), all taxiways, the assault strip, compass row, wash rack, trim pad, test cell, end-of-runway, gun berm, and hush house.

Maintenance areas include all hangars and nose docks, back shops, areas where aircraft parts are repaired, and where equipment is maintained that will be used on or around aircraft. The Program Objective is to eliminate potential FOD hazards. The Wing FOD Prevention Program is based on awareness and training with continuous individual and supervisory involvement. Professionalism is the key to any successful program. The overall program objective is ZERO FOD.

J. Implementation and Responsible Party

Include a statement identifying the Contractor’s personnel responsible for ensuring the EPP is implemented. This person(s) must have the authority to act for the Contractor in all environmental protection matters.

3.3 IMPLEMENTATION

The Contracting Office shall forward the Contractor's EPP to 43 CES/CECC with a copy to the Project Manager. The Construction Inspector will submit the plan to 43 CES/CEV for review and recommendation for approval to CO. Approval of the Contractor's plan will not relieve the Contractor of his responsibility for adequate and continuing control of pollutants and other environmental protection measures IAW local, state and federal laws and regulations and Air Force policy. In addition, all environmental reports discussed within this specification will be submitted to 43 CONS/LGCA who will in turn, forward copies to the 43 CES/CEV via 43 CES/CECC.

3.4 NOTIFICATION

The CO will notify the Contractor of any observed noncompliance with federal, state or local laws or regulations, permits, and other elements of the contractor's EPP. This verbal notification shall be followed by a written notification of noncompliance. The Contractor shall, within 24 hours of receipt of notice, provide written proposed corrective action to the CO and implement such action as approved within 48 hours of said approval. If the Contractor fails to immediately correct the noncompliance problem, the CO may issue an order stopping all or part of the work until satisfactory corrective action

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3.5 PROTECTION OF ENVIRONMENTAL RESOURCES

The environmental resources within the project boundaries and those affected outside the limits of work under this contract shall be protected during the entire period of this contract. The Contractor shall confine his activities to areas defined by the drawings and specifications. The Contractor’s EPP shall include proposed methods of work to comply with the following subparagraphs:

A. Protection of Land Resources

(1) Prior to any construction, the Contractor shall clearly mark the areas required to accomplish all work to be performed under this contract. Isolated areas within the general work area, which are to be saved and protected, shall also be clearly marked and/or fenced. The Contractor shall provide effective protection for land and vegetation resources at all times. The Contractor shall not remove, cut, deface, injure, or destroy land resources, including trees, shrubs, vines, grasses, topsoil, except as indicated on the drawings or in the specifications without written permission from the CO. No ropes, cables, or guy wires shall be fastened or attached to any trees for anchorage unless specifically authorized by the CO.

Protect the root zone of adjacent trees and shrubs by using protective orange fencing or similar protection to mark the outside of the drip line of protected trees/shrubs. Tree trunks, roots and vegetation outside the designated area shall not be impacted by construction, including piling supplies against trees, scraping trunks of trees, grading next to tree trunks, or parking vehicles within the root zone. Monuments and markers shall be protected before construction operations begin. Where construction operations are to be conducted during darkness, the markers shall be made of appropriate reflective material to remain visible. The Contractor shall inform his personnel of the purpose of marking and/or protection of all necessary objects. Damage to protected areas and objects shall be repaired immediately by the Contractor at no additional cost to the Government. The Pope AFB Integrated Natural Resources Management Plan (INRMP) implements the base Tree Replacement Policy. All trees removed on base are required to be replaced at a 1 to 1 ratio and should be a native species approved by the CO.

(2) Reduction of Exposure of Unprotected Erodible Soils: Earthwork brought to final grade shall be finished as indicated and specified. Side slopes and back slopes shall be protected as soon as practicable upon completion of rough grading. All earthwork shall be planned and conducted to minimize the duration of exposure of unprotected soils. Except in instances where the constructed feature obscures borrow areas, quarries, and waste material areas, these areas shall not initially be cleared in total. Clearing of such areas shall progress in reasonably sized increments as needed to use the areas as approved by the CO.

(3) Temporary Protection of Disturbed Areas: Such methods as necessary shall be utilized to effectively prevent erosion and control sedimentation at all times including, but not limited to, the following:

(a) Control of Runoff: Stormwater runoff from construction sites shall be controlled by construction of silt fences, diversion ditches and silt basins; by check dams and berms constructed to reduce the

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(b) Sediment Basins: If it is necessary to control the turbidity of stormwater runoff, sediment from construction areas shall be trapped in a temporary or permanent sediment basin IAW basin plans shown on the drawings. They shall be constructed as indicated in the State-approved ESCP and permit to prevent sedimentation downstream of disturbed areas.

(c) Borrow areas on Government property shall be managed to minimize erosion and to prevent sediment from entering nearby watercourses or lakes.

(d) Spoil areas on Government property shall be managed and controlled to limit spoil to areas designed on the drawings and prevent erosion of soil or sediment from entering nearby waters.

(4) Forest Resources: Merchantable timber and pine straw shall neither be cut nor removed from the construction site until it has been assessed by the Savannah District Timber Harvest Office in conjunction with 43 CES/CEV and the Ft. Bragg Natural Resources Division. The Savannah District Timber Harvest Office will be given adequate time to arrange for the sale and removal of timber and pine straw if it is deemed necessary. In the event the Savannah District, 43 CES/CEV and Ft Bragg Natural Resources Division determine the amount or quality of timber or pine straw is not merchantable, they will inform the CO. The CO will then authorize the Contractor to remove these forest resources that are within the construction area.

(5) Handling of Hazardous Materials (HM)

(a) Prior to bid opening, the prospective contractor must list any hazardous material, as defined in paragraph (a) of FAR 52.223-3,Hazardous Material Identification and Material Safety Data to be delivered under this bid package. The HM shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number.

(b) Prior to award, the apparently successful contractor agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of FAR 52.223-3. Data shall be submitted IAW Federal Standard No. 313, whether or not the apparently successful contractor is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful contractor being considered non-responsible and ineligible for award.

(c) Upon contract award, IAW Federal Acquisition Regulation (FAR) Clause 52.223-3, Hazardous Material Identification and Material Safety Data, all material defined as hazardous under the latest version of Federal Standard No. 313 shall be listed in the contract. The contractor must submit a material data safety sheet (MSDS) in conjunction with the requirements of part (a) above prior to beginning work. Refer to FAR Clause 52.223-3 for full requirements.

(d) During the performance period, the Contractor shall be in conformance with POPEI 32-113, Hazardous Materials Management Process dated 13 March 2001. IAW paragraph 3.8.1. “The Pope AFB Contracting Office (43 CONS/LGCA) or other office executing the contract will ensure

Environmental Protection During Construction (16 Mar 09 - Rev 19) Page 9 of 23 Replace Broken Storm Drain Pipe, Bldg 764 Parking Lot contractors report all planned use of hazardous materials on Pope AFB. HM used on Pope AFB, regardless of the source, contribute to the environmental reporting requirements of the base. The Contracting Office will ensure contractors prepare a HM Worksheet (Attachment 1) for each hazardous material proposed for use on Pope AFB. The Contracting Office will provide a copy of the worksheets to the HAZMART or CE HMCC (Hazardous Material Control Center) prior to beginning work on Pope AFB. An MSDS for the HM will be attached to the worksheet.”

(i) IAW POPEI32-113, paragraph 3.8.4. “The contractor will process all HM through the HAZMART or CE HMCC (as appropriate) as soon as the material is brought on base. The HM will be bar coded and the contractor will report barcodes of material consumed to the HAZMART or CE HMCC on a quarterly basis and at the conclusion of the contract.”

(ii) Any changes to the originally submitted HM per the FAR 52.223-3 and POPEI32-113, will required the contractor to resubmit a HM Worksheet (Attachment 1) reflecting this change with the appropriate MSDS to the CO. The CO will provide the HAZMART or CE HMMCC the updated versions.

(6) Disposal of Waste and Listing of Chemicals

The Contractor is responsible for proper use, storage, and disposal of chemical wastes IAW the latest Pope AFB Hazardous Waste Management Plan (HWMP), latest Pope AFB Solid Waste Management Plan, and current Department of Transportation (DOT) Regulations, State of North Carolina and federal environmental laws. In addition to complying with these regulations, the contractor must provide the base HAZMART a listing of chemicals (including estimated quantities) and a material safety data sheet (MSDS) for each chemical to be used during the execution of the contract. The contractor must also coordinate with the base Fire Department and the Wing Safety Office for proper storage of flammables, corrosives and other hazardous chemicals. These requirements must be met prior to bringing chemicals on base.

(a) Compatible Containers: Contractor must ensure that all chemical waste is stored in containers that meet the DOT specifications for performance-oriented packaging. Hazardous wastes shall not be stored underground. Any release or spill to the environment will be immediately reported to the base Fire Department at 911 from a base telephone or 394-0911 from a cellular phone; 43 CONS/LGCA, and to the 43 CES/CEV at (910) 394-4195.

(b) Recycling: The Contractor shall implement a recycling program (with an emphasis on recycling at the construction site) that includes separate collection of waste and recyclable materials. Based upon contract plans and drawings, the contractor shall estimate the quantities of available materials for recycling. The contractor shall provide the estimated quantity of recyclable materials in the EPP. The contractor shall provide necessary equipment for the temporary storage and handling of Construction and Demolition (C&D) debris. Recyclable materials to be recovered shall include as a minimum the following items:

(i) Asphalt

(ii) Concrete and concrete blocks (masonry units)

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(iii)Metal, ferrous and non-ferrous

(iv)Green wastes (i.e. trees, bush, grass trimmings)

(v) Miscellaneous construction wastes (i.e. red clay brick, corrugated cardboard)

Contractor shall coordinate his recycling efforts with the 43 CES/CEV Solid Waste Manager.

Contractor is responsible for arranging collection by or delivery to the permitted Ft Bragg C&D Landfill and Transfer Station that accepts construction and demolition waste for the purpose of recycling. Prior to delivering materials, contractor shall familiarize itself with the specifications for acceptance of construction and demolition materials at recycling facilities or transfer stations, including separation of recyclable material by type. Contractor shall provide recycled materials data in pounds to 43 CONS/LGCA by the 5th day of each month throughout the length of the contract in the monthly environmental report. Contracting will provide a copy to 43 CES/CEV via 43 CES/CECC.

(c) Chemical Analysis: The Contractor is responsible for complying with 40 CFR Part 261 to determine which waste generated under this contract is regulated as hazardous waste. The Contractor is responsible for all sampling and analysis required to make this determination. All sampling and testing shall be done by state certified personnel in an EPA and state approved laboratory and IAW EPA approved methods for hazardous waste characterization. Contractor must coordinate confirmatory sampling with 43 CES/CEV 48 hours prior to any sampling events. After samples are taken, Contractor shall mark containers with the following information:

• the container identification number;

• contents of the container;

• contractor’s name/ and phone number;

• the project name and number;

• "Analysis Pending", and

• "Date Sampled _____".

(d) Non-hazardous Waste: Waste that has been certified as non-hazardous by the Contractor may be removed from project site. This waste shall be disposed of IAW all applicable State of North Carolina requirements and guidance. The Contractor shall address the disposal method and location of the disposal site for each chemical waste in the EPP for the project.

(e) Hazardous Waste: Contractor will follow the Requirements for Contractors as set forth in the PAFB Hazardous Waste Management Plan, Section 5.6.3. Removal shall be performed by a licensed hazardous waste hauler and transferred only to a licensed Treatment, Storage or Disposal Facility (TSD). The contractor will dispose of Hazardous Waste generated from this project unless it is specifically stated in the contract that the disposal will be the responsibility of the government. The Contractor shall address the disposal method and location of the disposal site for each chemical waste in the EPP for the project. Unless otherwise specified, disposal is the responsibility of the contractor who shall provide the following:

(i) Provide a copy of each proposed transporter and/or facility permit prior to start-up of any work that may generate hazardous waste.

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(ii) Develop and provide a copy of each manifest to 43 CONS/LGCA ten working days prior to any proposed shipment of waste from the base. Contracting will provide a copy to 43 CES/CEV via 43

CES/CECC.

(iii) Coordinate with 43 CES/CEV for load inspection and signature on all manifests at least two workdays prior to a proposed shipment date.

(iv) Ensure that signed manifests confirming delivery of waste to a permitted facility are returned to 43 CES/CEV, 560 Interceptor Road, Pope AFB, NC no later than twenty days after the shipment is removed from Pope AFB.

(f) When disposal of Hazardous Waste is the responsibility of the government, the contractor shall provide the following:

(i) Properly complete and provide 43 CES/CEV a copy of the waste profile sheet IAW the base Hazardous Waste Management Plan (HWMP).

(ii) Coordinate with the hazardous waste Centralized Accumulation Site (CAS) manager (910-394-1900) for transfer of wastes. The contractor shall be responsible to delivering the waste to the CAS in properly labeled and marked DOT approved containers.

(g) Labeling: Each container of hazardous waste shall be immediately labeled with a hazardous waste label and marked with the contractors name and phone number, the container contents and the project name. Contractor shall immediately annotate the accumulation start date on each container of hazardous waste whenever the total volume of hazardous waste at the job site exceeds 55 gallons.

(h) Container Management: The Contractor will maintain containers IAW Section 5.4 of the PAFB HWMP and inspect the containers weekly for signs of rust or deterioration. Inspection results shall be documented. Additionally, the U.S. Department of Transportation’s proper shipping description shall be marked on each container before it is removed from Pope AFB. There will be no more than 55 gallons (or its equivalent) of hazardous waste at the project site for a period longer than 72 hours.

Whenever the amount of hazardous waste at the project site exceeds 55 gallons, each container must be marked with an accumulation start date and the contractor must move the amount in excess of 55 gallons to the CAS for temporary storage. Contractor must make arrangements to ensure all waste stored at the CAS is shipped to an approved TSD facility no later than 60 days after the container(s) are placed at the CAS. During this 60-day time period, the contractor shall ensure all required profiles, sampling and analyses, manifests, etc. are properly completed in time to make the shipment.

(i) Training: The Contractor shall ensure that all of his employees who handle hazardous waste are trained in the management requirements for hazardous waste. Each contractor employee who physically handles or manages hazardous waste shall receive Pope AFB specific training prior to beginning any project, which involves the management of hazardous waste. This training may involve up to 8 hours of classroom instruction and testing and/or computerized self-study/testing. Contractor must contact 43 CES/CEV, 910-394-4195 to arrange for Pope AFB specific training.

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(7) Disposal of Discarded Materials

(a) Discarded materials, other than those that can be included in the solid waste category, will be handled as directed by the CO. Demolition debris shall be disposed of at the Fort Bragg demolition landfill on Lamont Road unless directed otherwise by the CO. Materials contaminated by asbestos shall be placed in proper containers and disposed of in the asbestos section of the Ft Bragg sanitary landfill on Longstreet Road unless otherwise directed by the CO. Contractor shall coordinate with the 43d Civil Engineer Environmental Office and obtain a permit from the Ft Bragg Environmental/ Natural Resources Division to dispose of materials in the landfills on Ft Bragg.

(b) Monthly Reports of Disposal of Discarded Materials: Contractor shall document type and amount (in pounds) of materials discarded as a result of construction activities. Contractor shall organize this information by the following types: yard waste, construction/demolition material debris, regular refuse/trash, regulated hazardous waste, toxic waste (asbestos, PCBs) and non-regulated chemical waste. Contractor shall provide this information in the monthly environmental report to 43 CONS/LGCA by the 5th day of each month throughout the length of the contract. Contracting will provide copies of the report to 43 CES/CEV via 43 CES/CECC.

(8) Disposal of Solid Wastes

Contractor shall comply fully with NC Solid Waste Management Rules and Regulations. Solid wastes (excluding clearing debris) shall be placed in containers, which are emptied on a regular schedule (at least weekly). Contractor shall not place any hazardous materials or hazardous wastes in containers with solid waste. Yard debris is also prohibited from being placed in solid waste containers.

(9) Recyclable Materials

Contractors are reminded that NC Solid Waste Management Rules and Regulations prohibit the disposal of aluminum cans. In addition to North Carolina State law G.S. 130A-309.10(f), refer to paragraph 3.5.B.(6)(b) for additional requirements.

B. Preservation and Recovery of Historical, Archaeological, and Cultural Resources

(1) Artifacts Discovered During Construction: If any historical or archaeological artifacts are encountered during Contractor operations, the Contractor shall cease all activity in the affected area and protect the artifact(s). The Contractor shall promptly notify the CO and the Environmental Flight Cultural Resources Manager. The Cultural Resource Manager shall notify the CO when operations may resume in that area.

(2) Cultural Resources Protected by Law: Cultural resources on federal property are protected and managed by the Archaeological Resources Protection Act of 1979, and other applicable laws.

Collection for personal use is not authorized. Violations could subject contractor personnel to civil and criminal penalties.

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(3) Historic Properties Protected by Law: Requirements of the State Historic Preservation Officer (SHPO) must be implemented by the contractor. All alterations to historic buildings and all projects in the historic district must be coordinated with the Environmental Flight Cultural Resources Manager.

C. Protection of Water Resources

(1) The Contractor shall keep construction activities under surveillance, management, and control to avoid pollution of surface and ground waters. Special management techniques shall be implemented to control water pollution by any construction activities that are included in the performance of this contract.

(2) Monitoring of Water Resources: Monitoring of water resources and wetlands affected by construction activities shall be the responsibility of the Contractor. During construction, action will be required to maintain buffer areas and soil erosion control measures near water areas/wetlands that could be adversely affected by construction activities. Wetlands shall not be disturbed/ impacted without obtaining a permit from the U.S. Army Corps of Engineers, Wilmington District, Wetlands Enforcement Office.

(3) Washing and Curing Water: Wastewater directly derived from construction activities shall not be allowed to enter water areas. This wastewater shall be collected and placed in retention ponds where suspended material can be settled out or the water evaporates so that pollutants are separated from the water. These pollutants will be removed and the area restored to pre-construction conditions.

(4) Cofferdam and Diversion Operations: The contractor shall plan his operations and perform all work necessary to minimize adverse impact or violation of the water quality standard for receiving streams (e.g., Tank Creek). Construction operations for de-watering, removal of cofferdams, tailrace excavation, and tunnel closure shall be controlled at all times to limit the impact of water turbidity on the habitat for wildlife and impacts on water quality for downstream use.

(5) Stream crossings shall be controlled during construction. Crossings shall provide movement of materials and equipment, which do not violate water pollution control standards of Federal, State,or local agencies.

(6) Monitoring of water areas affected by construction activities shall be the responsibility of the Contractor. The Contractor shall monitor all water areas affected by construction activities.

D. Protection of Wildlife, Fish, Sensitive Plants and Habitat

(1) The Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of wildlife, fish, sensitive plants and habitat.

In addition, the Endangered Species Act requires that federally-listed species and their habitats be protected; similar state acts require conservation and protection of state-listed species; and Air Force Instruction 32-7064 requires conservation and protection of certain species and habitats. Information concerning any Pope AFB species or habitat that requires specific attention, along with measures for their protection, shall be obtained from the 43 CES/CEV.

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(2) Various haul routes and roads on Fort Bragg are adjacent to rare, threatened, or endangered plant and animal species as well as other sensitive habitats. The red-cockaded woodpecker (RCW) (Picoides borealisis) is an endangered bird that is often of concern to construction activities. Other protected plant and animal sites may be located near contractor-used roads. The contractor should be aware of posted signs denoting protected sites as well as trees with painted with white bands. Parking, digging, storage of construction materials and other habitat impacts are not permitted in protected areas. Molesting a protected species or damaging their habitat is a violation of law or regulation. For more information about protected species on Fort Bragg, contact the Fort Bragg Endangered Species Branch.

E. Protection of Air Resources

(1) The Contractor shall keep construction activities under surveillance, management, and control to minimize pollution of air resources. All activities, equipment, processes, and work operated or performed by the Contractor in accomplishing the specified construction shall be in strict accordance with State of North Carolina and federal emission and performance laws and standards. Ambient Air Quality Standards set by the Environmental Protection Agency (EPA) shall be maintained for all construction operations and activities. The Contractor shall have sufficient functional equipment available to accomplish the task.

(2) Particulates: Dust particles, aerosols, and gaseous by-products from all construction activities and the processing and preparing of materials, such as from asphalt batch plants, shall be controlled at all times.

(3) Odors: Odors shall be controlled at all times from all construction activities, processing, and preparation of materials.

(4) Air Quality: Monitoring of air quality shall be the responsibility of the Contractor. The Contractor, as directed by the CO, shall monitor all air areas affected by the construction activities.

(5) Air Permits: Any new construction project which involve the installation of parts degreasers, paint booths, bead blasters, wood cyclones, boilers or like equipment must be coordinated through the 43 CES/CEV, Air Program Manager. An air permit may be required. If so, the permit must be obtained prior to the start of construction. 43 CES/CEV is the base’s office of primary responsibility for air permits (910-394-4195).

(6) Asbestos Containing Material (ACM): The contractor shall ensure that all areas requiring demolition, cutting, breaking or other alterations has been identified as either containing asbestos or no asbestos present. Should asbestos be present, the abatement and disposal of such materials will be by persons accredited by the NCDENRand IAW NCDENR publication NC Asbestos Requirements, Procedures. Obtaining an asbestos removal permit is the responsibility of the contractor. A copy of the state approved asbestos removal permit and any revision will be provided to 43 CONS/LGCA prior to the removal activity starting. Contracting will provide a copy of the permits to 43 CES/CEV via 43 CES/CECC. Additionally, a completed copy of all asbestos manifests for disposal of asbestos materials will be provided to 43 CES/CEV. Asbestos bags will be clearly marked with the generators name and location. The asbestos material must be taken to a landfill that is state permitted for acceptance of asbestos waste. Prior to removing asbestos waste from Pope AFB, the contractor shall

Environmental Protection During Construction (16 Mar 09 - Rev 19) Page 15 of 23 Replace Broken Storm Drain Pipe, Bldg 764 Parking Lot provide a copy of the approved manifest to 43 CES/CEV and shall make the shipment available for inspection by the government. The contractor shall ensure a copy of the manifest signed by the accepting facility (landfill) is returned to 43 CES/CEV no later than 20 days after the asbestos waste is removed from Pope AFB. In the event the removal schedule changes, the Contractor shall inform 43 CONS/LGCA with details of those changes as soon as possible.

(7) Lead-Based Paint (LBP): Contracts to prepare previously painted surfaces for repainting must address LBP through sampling and analysis. Contractors must submit a Lead-Based Paint Abatement Permit Application (dated July 1999) to the Health Hazards Control Unit, NCDHHS-Division of Public Health, 1912 Mail Service Center, Raleigh, NC 27699-1912 and provide a copy to 43 CONS/LGCA. Contracting will provide a copy to 43 CES/CEV via 43 CES/CECC. In addition, contractors are responsible to pay the NC permit fee. Particular attention and paint analysis is required for exterior facility surfaces that are flaking and peeling. Where LBP is identified for removal or refinishing, the contractor must ensure this work is done IAW 40 CFR Part 745, Lead-Based Paint Poisoning Prevention in Certain Residential Structures; the OSHA Interim Final Lead in Construction Standard (29 CFR 1926.62) and state approved abatement procedures. Whenever the final rule is implemented, the contractor shall comply with it. This includes, but is not limited to, providing hazard communication training and ensuring that protective equipment is appropriate for the type of LBP removal/encapsulation specified in the contract. Measures shall be employed by the contractor to capture/containerize all debris from interior and exterior work which results in the disturbance of surfaces containing LBP. Hazardous waste generated from such projects must be managed IAW section 3.5.B(6)(e) of this specification, the Pope AFB Hazardous Waste Management Plan and 40 CFR part 260-268.

(8) Ozone Depleting Substances (ODS): The CO must verify that contracts do not include a requirement to use ODSs or any requirement that can be met only through the use of ODSs, without approval of the waiver approval authority (e.g. AF/LG, AF/CE, or SAF/AQ). The purging of ODS equipment (e.g., air conditioner, refrigerant units, fire protection systems etc.) is required prior to repair, removal, or demolition. The ODSs remain the property of Pope AFB. If purging the equipment is not included in the contract, the 43d Civil Engineer Operations Flight must be contacted to accomplish this task.

F . Reduction of Sound Intrusions and Noise

The Contractor shall keep construction activities under surveillance and control to minimize disturbances caused by excessive noise. Equipment shall have properly operating noise-muffling devices for the entire length of the contract.

G. Application of Pesticides

(1) The Contractor shall apply all pesticides IAW the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act, using pesticides approved by the EPA and by following the manufacturers’ instructions on the label. Contractor shall coordinate application of pesticides during construction with the 43d Civil Engineer Operations Flight Entomologist.(2) Licensing and

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Certification: All pesticide applications shall be performed by a Contractor certified in the EPA category or categories that cover the work to be performed and shall hold a valid business license. For work on Pope AFB, the Contractor shall be certified and licensed by the State of North Carolina. The Contractor shall present evidence of such licensing and certification to the CO for approval prior to beginning work under this contract.

3.6 POST-CONSTRUCTION CLEANUP

The Contractor shall be responsible for cleaning up all areas affected by the construction and restoring the area to at least its original condition to include landscaping; planting of trees, sod, and shrubs damaged by construction; and raking and disposal of debris such as roofing shingles, paper, nails, glass, sheet metal, bricks, and waste concrete. Backfilled areas shall be machine-compacted and replanted with the approved grass mix for that season (see 3.2.D.3), or sodded with an approved mono-species grass. Construction debris shall be removed and properly disposed of.