S01 Attachment 1 - Special Provisions and Specifications - 12FPC321R0011.pdf

NRCS- February 2021 LA - South Grand Chenier Marsh Creation (ME-20) SP-1

Special Provisions

1. Additional insured parties The contractor shall include the parties in the following list as additional insured parties on any and all pertinent liability insurance policies maintained by the contractor during the construction project.

Such insurance policies shall provide that those parties will be protected from and defended and insured against, without costs or expense to those parties, damage to property of any kind, arising wholly or in part from or in connection with operations on their properties. A copy of all certificates of insurance listing the additional insured parties shall be provided to the Contracting Officer (CO) at least 10 calendar days prior to the preconstruction meeting.

• Martin O. Miller II L.L.C.

• Marie Diane Miller L.L.C.

• Pierre Valcour Miller

• Pierre Valcour Miller, Ancillary Provisional Administrator of the Succession of Max M. Kaplan

• EKM L.L.C.

• P&A Miller L.L.C.

• Seven C’s Properties L.L.C.

• Miller-Green Limited Partnership

• Boulet Family L.L.C.

• Stoebner Enterprises L.L.C.

• Hooper Family Trust

• Thomas W. Rollins

• Mary M. Rollins

• Riceland Exploration Company

• Lee, Hite & Wisda LTD

• Dorchester Minerals Operating LP

• State of Louisiana

2. Notification prior to property access The Contractor shall provide written notification to the CO and Contracting Officer’s Representative (COR), at least 7 days prior to their initial access to the property. The notice shall indicate the planned date of initial access.

3. Access by landowners, lessees, and others The Contractor is made aware that occasional access by landowners, lessees and oilfield and utility company employees throughout the work area may be required. The Contractor shall provide for such passage in a reasonably adequate and satisfactory manner, as determined by the contracting officer, on such occasions.

4. Access Restrictions Gates on access routes shall be opened only as necessary for ingress and egress of personnel and equipment and shall not be left open. Gates shall be closed and locked when not in immediate use.

The Contractor shall not place a lock on any of the owners’ gates without first obtaining written authorization from the owner. A copy of this written authorization shall be provided to the COR prior to the placement of any lock. The Contractor shall provide NRCS Inspector and COR with a key to any new locks the Contractor installs. The Contractor shall coordinate with all landowners on how to obtain access through the gates on a daily basis.

a. The Contractor shall comply with the additional restrictions listed below on all Rockefeller Wildlife Refuge property:

i. Overnight camping is prohibited

LA - South Grand Chenier Marsh Creation (ME-20) SP-2

ii. Hunting, pursuing, killing, molesting, or intentionally disturbing any type of wildlife by the Contractor is prohibited.

iii. Trawling on the Refuge is prohibited. Trotlines, crab traps, jug lines, trammel, and gill nets and traps are prohibited. All commercial fishing and use of commercial fishing gear on the Refuge is prohibited.

iv. Hunting, fishing, crabbing or any other harvesting of wildlife is prohibited while the working on the requirements of this contract. Outside of work hours, all personnel shall comply with the Refuge visitor regulations.

v. Burning of the marsh is prohibited. Water control structures shall not be tampered with or altered by anyone other than employees of the Louisiana Department of Wildlife and Fisheries.

vi. Bringing firearms, bows and arrows, liquor and controlled dangerous substances (drugs) onto the Refuge is prohibited. All boats, vehicles, and equipment are subject to search by all authorized employees of the Louisiana Department of Wildlife and fisheries at any time.

vii. Boat racing is prohibited. All boat traffic shall honor no wake zones and shall keep wave wash to a minimum. Boat crossings over or around levees, dams, or water control structures is prohibited except at locations shown on the drawings or previously approved by the CO.

viii. No littering is allowed. Contractor shall remove all litter immediately. Damage to or removal of trees, shrubs, and wild plants is prohibited except as required by this contract.

b. Protection of Price Lake Unit Levee and Beach

i. The Price Lake Unit Levee and Beach shall be protected from damage by any equipment or activity related to the construction of this project.

ii. Construction shall propose a method for protecting the Levee and beach at all areas where it must be crossed by equipment or dredge pipeline. The location, extent, and quality of installed protection measures must be approved by the COR in the field.

c. Hog Bayou and Second Lake

i. Access for small vessels and flow in Hog Bayou and Second Lake shall not be blocked or significantly impeded by equipment or activity related to the construction of this project.

5. Permit display and filing Work under this contract is permitted under Department of the Army Permit (COE Permit) No.

MVN- 2009-03103-WJJ. A copy of Page 1 of the permit must be conspicuously displayed at the project site. Also, a copy of the signed permit must be kept at the project site until the work is completed. The Contractor shall also post in an area visible by all employees:

• Equal Opportunity is the Law poster,

• Notice to All Employees poster,

• Approved SWPPP and Notice of Intent,

• Davis Bacon Wage Rates,

• Emergency Contacts,

• Hurricane Evacuation Plan,

• LA One Call tickets, and

• Migratory Bird Abatement Plan for Shorebirds

LA - South Grand Chenier Marsh Creation (ME-20) SP-3

6. Horizontal and vertical datums All elevations stated in the plans and specifications refer to NAVD 88, Geoid99. All horizontal datum references in the plans and specifications refer to State Plane Louisiana South 1702 NAD 83 feet.

7. Protection of pipelines and underground utilities The Contractor shall notify Louisiana One Call (LA ONE CALL) at 1-800-272-3020 48 hours prior to excavating or driving piling in order to locate utility lines. The LA One Call ticket shall be renewed every 20 calendar days or as required by law. The Contractor shall provide all LA One Call ticket numbers to the COR.

Additional contractor responsibilities and restrictions near pipelines and other utilities and structures shall be as noted in the following list:

a. Pipeline companies shall be notified at least 72 hours in advance but not more than 120 hours in advance of crossing any pipeline or performing any work within 50 feet of a pipeline right-of-way.

Contractor shall submit evidence of notification to the COR prior to performing the work. The Contractor shall notify NRCS COR and Inspector at least 12 hours in advance prior to equipment crossing any pipeline.

b. No excavation shall occur within 50 feet of any pipeline.

c. No activities that will result in the reduction of the existing cover over any pipeline will be permitted.

d. Barges or other watercraft shall not anchor, spud, or excavate within the pipeline right of way without specific prior approval from the pipeline company. All vessels shall be floating when crossing any pipeline. Spuds shall be welded or pinned up while traveling in and/or crossing any pipeline right of way.

e. No heavy construction equipment will operate (place an operating load within the pipeline ROW) without specific prior approval from the pipeline company, and when necessary, timber mats as required and approved by the pipeline company will be utilized when crossing.

f. The contractor shall cross pipelines only at locations designated by the pipeline company and in the manner approved by the pipeline company that will not remove the soil cover over the pipeline. Pipeline companies may require the contractor to cross their pipelines at high tide and during daylight hours only; this will be determined by the agreement the contractor has with the pipeline company for crossing the relative pipeline. A copy of all agreements must be provided to the CO and COR prior to crossing. The point of contact for each agreement shall also be provided to the COR and Inspector if different than what is listed in this specification.

g. The contractor shall schedule a pre-work meeting with the associated pipeline company to establish lines of communication and discuss all aspects of the planned activities including the pipeline marking schedule, pipeline crossing locations, and excavations in the vicinity of pipelines.

The Contractor shall notify the COR and Inspector at least 48 hours of any pre-work meetings scheduled so that they can plan on attending.

h. Any pipeline markers damaged or removed by the contractor shall be replaced within 24 hours of such damage or removal.

i. All equipment crossings of the pipeline shall be marked or flagged. Markings or flags are to be maintained during the entire construction performance time.

j. The contractor shall be liable for any expense, loss or damage to any pipeline of any kind or nature due to the presence his/her equipment/operations in the vicinity of the pipeline, including without limitation to coating repair, pipe replacement, operational downtime or product loss that the pipeline company may sustain arising out of or resulting from the operations or activities of the contractor, its agents, or employees during construction any project feature.

k. If the contractor’s facilities or related equipment are damaged or destroyed or if said operations and equipment must be relocated or removed due to any emergency, operational or maintenance

LA - South Grand Chenier Marsh Creation (ME-20) SP-4 requirements arising out of the day to day business activities of any pipeline company, the pipeline company shall not be liable to the contractor or to any other person or entity for any damages whatsoever, including, for emphasis only and not by way of limitation, damages of any type arising from the loss of product, loss of profit, interruption of business activity or business loss of any kind. Additionally, any subsequent repair and or reinstallation of said facilities shall be at the sole (100%) cost of the contractor.

8. Known pipelines Known pipelines and utilities are shown in the construction drawings and are based on available data. It is possible that some pipelines and/or utilities exist that have not been shown.

a. The Contractor shall be on the alert for such pipelines and utilities, and shall report them immediately to the CO. Two separate pipelines have been identified in the project area by a magnetometer survey and each is shown in the project plan drawings.

b. It is possible that some pipelines and /or utilities exist that have not been shown. The Contractor shall be on the alert for such pipelines and utilities, and shall report them immediately to the

CO.

c. The pipeline located to the northwest of the West Confined Marsh Creation Area is operated by Bridgeline Holdings LP. The contact person for this pipeline is Robin Roberts (Pipeline Foreman) with EnLink 337-538-2504 ext. 224, robin.roberts@enlink.com.

d. The pipeline in the unconfined marsh creation area is owned by the Louisiana Department of Wildlife and Fisheries Rockefeller Wildlife Refuge. This pipeline is abandoned, but it may still contain pollutants. The contractor must take proper precautions to avoid damaging the pipeline.

e. Databases show that there is a line located to the south of the Gulf borrow area running to the northeast. This line is also shown in the project plan drawings as Dynegy 18” Pipeline. The contact person for this pipeline

9. Marine environment advisory

a. The contractor is advised that the project lies within a dynamic marine environment subject to significant changes in environmental conditions and that water surface elevations in this area can vary due to weather, daily tides, and operation of the local water control structures.

b. Mean high water (MHW) and mean low water (MLW) elevations shown on the plans were computed from water level data obtained from Coast-wide Reference Monitoring System (CRMS) station 0614 (http://lacoast.gov/crms/home.aspx). Station 0614 is located in the marsh approximately 1.75 miles north of the West Marsh Creation Area. The water levels at this location may be influenced by both tidal fluctuations and natural and constructed features affecting water flow.

c. Historical data can be obtained from the U.S. Army Corps of Engineers, the U.S. Geological Survey, the State of Louisiana's Coastal Protection and Restoration Authority (CPRA), or the National Oceanic and Atmospheric Administration (NOAA).

d. The contractor is responsible for taking the appropriate measures to ensure that water level fluctuations, rainfall events, and soil conditions do not interfere with access to and from the construction site or with completion of the construction activities.

mailto:robin.roberts@enlink.com http://lacoast.gov/crms/home.aspx

LA - South Grand Chenier Marsh Creation (ME-20) SP-5

10. Hurricane Evacuation

a. A hurricane evacuation plan and evacuation route map need to be displayed for all employees and provided to the CO at least 10 calendar days prior to the preconstruction meeting.

b. This plan should include contact information for employees, safe harbor location, and timeline of when action will take place to remove equipment and other objects. The hurricane evacuation plan and maps shall be included in the Work Plan.

11. Notification of Coast Guard The contractor shall notify the Eighth Coast Guard District so that a Local Notice to Mariners may be prepared, as required. Notification, with a copy of the COE permit approval and drawings, should be mailed to the following address:

CDR 8th Coast Guard District (dpw) Hale Boggs Federal Bldg.

500 Poydras St. Suite 1230

New Orleans, LA 70130-3396

A copy of the notification shall be provided to the Contracting Officer (CO) prior to the NTP being issued. The Contractor shall also provide the posted Local Notice to Mariners to the CO indicating that the project information has been included.

E-mail notification must also be provided to the Eighth Coast Guard District, Aids to Navigation Branch, Marine Information Office 7 to 10 days prior to excavation or construction operations. The Marine Information Office may be reached by e-mail at d8marineinfo@d8.uscg.mil Telephone inquiries can be directed to 504-671-2327. A copy of the e-mail notification shall be provided to the CO prior to construction.

Any updates or revisions to the above items shall be provided to the CO and COR immediately.

12. Contractor’s navigation requirements The contractor’s navigation requirements include, but are not limited to, the following:

a. Inland Navigation Rules All marine vessels shall follow the Inland Navigation Rules which are contained in the following Federal Laws or Regulation: International Navigational Rules Act of 1977 (Public Law 95-75, 91 Stat. 308, or 33 U.S.C. 1601-1608), and the Inland Navigation Rules Act of 1980 (Public Law 96-591, 94 Stat. 3415, 33 U.S.C. 2001-2038). These rules can be found on the Internet at http://www.navcen.uscg.gov/mwv/navrules/rotr_online.htm. All marine vessels shall display the lights and day shapes required by Part C – Lights and Shapes of the Inland Navigation Rules. The location, type, color, and size of the lights and day shape shall be in accordance with Annex I – Positioning and Technical Details of Lights and Shapes. Any vessel engaged in excavation is considered a “Vessel restricted in her ability to maneuver” and shall display all the lights and shapes required in Rule 27: Vessel Not Under Control.

b. Obstruction to navigation The contractor shall operate in compliance with pertinent U.S. Coast Guard regulations and shall conduct work in such a manner as to minimize any obstruction to navigation. If the Contractor’s excavation equipment or any other floating equipment obstructs any navigation, making navigation difficult or endangering the passage of vessels, said equipment shall be promptly moved on the approach of any vessel to the extent necessary to afford a practical passage. Upon completion of work, the contractor shall promptly remove the excavation http://www.navcen.uscg.gov/mwv/navrules/rotr_online.htm

LA - South Grand Chenier Marsh Creation (ME-20) SP-6 equipment and other floating equipment, as well as ranges, buoys, piles and any other markers or objects that are not permanent project features placed in the navigable water or on shore.

c. USCG inspection and certification All vessels that are regulated by the United States Coast Guard (USCG) shall have current inspection and certifications issued by the USCG before commencing construction. A copy of the certification shall be posted in a public area on board the vessel. A copy of all US Coast Guard certificates shall be submitted to the COR prior to the vessel being used onsite.

d. Other vessel inspection and certification All vessels not subject to USCG inspection and certification or not having a current American Bureau of Shipping (ABS) Classification shall be inspected in working mode annually by a marine surveyor accredited by the National Association of Marine Surveyors (NAMS) or the Society of Accredited Marine Surveyors (SAMS). The surveyor must have at least five years of experience in commercial marine vessels and equipment. The Contractor shall submit the marine surveyor’s qualifications to NRCS, which shall include type of certification e.g. Hull and Machinery, Commercial Workboat etc., number of years of as a Certified Marine Surveyor and other type of surveys conducted by the marine surveyor e.g. Marine Facilities, Commercial Vessel under 1600GT. The CO may disapprove the marine survey if the qualifications are not appropriate for the intended use of the vessel. All other vessels shall be inspected before being placed in use and at least annually by a qualified person. The inspection shall be appropriate for the intended use of the vessel. The inspection, as a minimum, shall evaluate the structural integrity of the vessel and compliance with the National Fire Protection Association code 302 – Pleasure and Commercial Motor Craft. The inspection shall be documented. A copy of the most recent inspection documentation shall be posted in a public area on board the vessel. A copy of the inspection documentation shall be furnished to the COR prior to the vessel being used onsite.

In addition to the above, NRCS will perform a Safety Inspection of all vessels and equipment prior to being used on the jobsite and periodically throughout the performance of work.

e. License requirement Officers and crew shall be in possession of a current valid USCG license or a correctly endorsed document as required by the USCG, which shall be posted in a public area on board the vessel. A copy of the documentation for all officers and crew shall be submitted to the COR prior to their arrival at the site.

13. Work limits The contractor’s movement in the project area shall be limited to the work limits and access routes stated in the specifications and as shown on the plans

14. Limitation of equipment use Airboats and small outboards shall be used whenever practical to reduce the usage of marsh buggies.

Established trails and access canals shall be utilized whenever possible. Marsh buggy use shall be limited to the limits of the project features. No equipment shall track on emergent marsh outside the work limits. No equipment is allowed on the Price Lake Levee except for 4-wheelers and other small all-terrain vehicles. The Price Lake Levee must be maintained to pre-construction conditions if used by the Contractor. No excavation of access routes is allowed.

15. Restoration of site and repair of damages In the event of surface alterations resulting from activities of the Contractor, beyond those alterations absolutely necessary for accessing the sites and conducting project activities, the contractor is responsible for restoring the site, to the greatest extent practical, to conditions existing at

LA - South Grand Chenier Marsh Creation (ME-20) SP-7 commencement of contractor activities. Contractor shall repair or replace, in like manner, any fences, roads, bridges, launches, trails, waterways, and other facilities which may be damaged or destroyed during the construction of the structures and/or appurtenances installed as part of the project. The Contractor shall be responsible for removal and disposal of all litter, debris, and survey stakes/poles associated with construction of the project from the project sites upon completion of authorized work.

Construction materials and all temporary measures installed by the Contractor shall be removed by Contractor as concurred in by the COR. If the Contractor is unable to fulfill these responsibilities, the Contractor or its insurance carrier will be responsible for the cost of such repairs and restoration.

16. Removal of equipment All tools, equipment, and other property (excluding project features) taken upon or placed upon the land or water bottoms by the Contractor shall remain the property of the contractor. All such tools, equipment and other property shall be removed by the contractor prior to the final payment being made.

17. Notice of conflict between Contractor and subcontractor/supplier The Contractor shall notify the Contracting Officer within seven (7) calendar days of occurrence of any written or oral notice of conflict between contractor and any subcontractor/supplier regarding non-payment for services or supplies. In the event that a lawsuit is filed, and the prime contractor is notified of such lawsuit while the contract is active, the Contractor shall notify the Contracting Officer within seven (7) calendar days of receipt of such notice.

18. Contractor review of plans and specifications The Contractor shall review the plans and specifications for accuracy and completeness. The Contractor shall also make their own determination of the quantities of work required to complete the construction and make their own assessment of the site and work required prior to bidding. Any discrepancies, errors, or omissions shall be brought to the attention of the Contracting Officer (CO) prior to the bid due date.

19. Disturbance of Wildlife Disturbing, injuring, collecting, or attempting to disturb, injure, or collect any flora, fauna, or other property is prohibited. This project is located where shorebird/migratory bird nesting may occur and the threatened migratory piping plover and red knot may forage at the shoreline. The contractor will be required to monitor for these as stated in the attached Migratory Bird Abatement Plan for Shorebirds. In the event shorebirds/migratory birds are found nesting, the contractor will be required to follow all guidance in this abatement plan.

a. Nesting Migratory Bird Conservation Plan In accordance with the Migratory Bird treaty Act of 1918 (as amended) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), please be advised that the project rea is located in habitats which are commonly inhabited by colonial nesting water birds and/or seabirds. Colonies may be present that are not currently listed in the database maintained by the Louisiana department of Wildlife and Fisheries (LDWF). That database is updated primarily by (1) monitoring previously known colony sites and (2) augmenting point-to-point surveys with flyovers of adjacent suitable habitat. NRCs recommends the proposed work site be inspected for the presence of undocumented nesting colonies during the nesting season. Water bird nesting colonies may change locations year-to-year and the proposed work may attract new nesting colonies. To minimize disturbance to colonial nesting birds, the following conservation measures should be considered.

i. For colonies containing nesting brown pelicans, all activities occurring within 2,000 feet of a rookery should be restricted to the non-nesting period (i.e., September 15 through March however, so it is possible that this activity window could be altered based upon the dynamics of the individual colony. Brown pelicans are known to nest on barrier islands

LA - South Grand Chenier Marsh Creation (ME-20) SP-8 and other coastal island in St. Bernard, Plaquemines, Jefferson, Lafourche, and Terrebonne Parishes, and on Rabbit Island in lower Calcasieu Lake, in Cameron Parish.

ii. For colonies containing nesting wading birds (i.e., herons, egrets, night-herons, ibis, and roseate spoonbills), anhingas, and/or cormorants, all activity occurring within 1,000 feet of a rookery should be restricted to the non-nesting period 9i.e. September 1 through February 15, exact dates may vary within this window depending on species present).

iii. For colonies containing nesting gulls, terns, and/or black skimmers, all activity occurring within 650 feet of a rookery should be restricted to the non-nesting period (i.e., September 16 through April 1, exact dates may vary within this window depending on species present).

iv. On-site contract personnel including project-designated inspectors be trained to identify colonial nesting birds and their nests and avoid affecting them during the breeding season (i.e., generally February 15 – September 1). Should on-site contractors and inspectors observe potential nesting activity during this time period, the COR should be notified. The COR and PM will be responsible for coordinating with the agencies.

i. Because the above-referenced time-of-year restrictions likely cannot be avoided and the project area is likely to be occupied by nesting water birds, NRCS recommends that a bird abatement plan be developed in coordination with NRCS and the resource agencies [i.e., Fish and Wildlife Service (FWS) and LDWF] to ensure project activities are not delayed. NRCS and the resource agencies will need to approve the plan. The abatement plan should include a monitoring plan including pre-construction and construction monitoring by a qualified biologist, anticipated abatement procedures (e.g. nesting deterrents such visual or auditory hazing devices, bird repellents, installation or netting, vehicle use, etc), a report outline of daily monitoring and abatement activities, and include a post-construction report.

b. Sea Turtle and Smalltooth Sawfish Protection To minimize Gulf of Mexico excavation impacts on the Sea Turtle and Smalltooth Sawfish, the following National Marine Fisheries Service (NMFS) requirements shall be followed:

a. The Contractor shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species.

b. The Contractor shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973.

c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service’s Protected Resources Division, St. Petersburg, Florida.

d. All vessels associated with the construction project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water depths where the draft of the vessel

LA - South Grand Chenier Marsh Creation (ME-20) SP-9 provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels) whenever possible.

e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/excavation operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition.

f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service’s Protection Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization.

c. West Indian Manatee Protection The endangered West Indian manatee (Trichechus manatus) is known to regularly occur in Lakes Pontchartrain and Maurepas and their associated coastal waters and streams. It also can be found less regularly in other Louisiana coastal areas, most likely while the average water temperature is warm. Based on data maintained by the Louisiana Natural Heritage Program (LNHP), over 80 percent of reported manatee sightings (1999-2011) in Louisiana have occurred from the months of June through December. Manatee occurrences in Louisiana appear to be increasing and they have been regularly reported in the Amite, Blind, Tchefuncte, and Tickfaw Rivers, and in canals within the adjacent coastal marshes of southeastern Louisiana. Manatees may also infrequently be observed in the Mississippi River and coastal areas of southwestern Louisiana. Cold weather and outbreaks of red tide may adversely affect these animals. However, human activity is the primary cause for declines in species number due to collisions with boats and barges, entrapment in flood control structures, poaching, habitat loss, and pollution.

i. Awareness of manatees and regulations During in-water work in areas that potentially support manatees all personnel associated with the project should be instructed about the potential presence of manatees, manatee speed zones, and the need to avoid collisions with and injury to manatees. All personnel should be advised that there are civil and criminal penalties for harming, harassing, or killing manatees, which are protected under the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973. Additionally, personnel should be instructed not to attempt to feed or otherwise interact with the animal, although passively taking pictures or video would be acceptable.

ii. Manatee protection measures All on-site personnel are responsible for observing water-related activities for the presence of manatee(s). We recommend the following to minimize potential impacts to manatees in areas of their potential presence:

1. All work, equipment, and vessel operation should cease if a manatee is spotted within a 50-foot radius (buffer zone) of the active work area. Once the manatee has left the buffer zone on its own accord (manatees must not be herded or harassed into leaving), or after 30 minutes have passed without additional sightings of manatee(s) in the buffer zone, in-water work can resume under careful observation for manatee(s).

2. If a manatee(s) is sighted in or near the project area, all vessels associated with the project should operate at “no wake/idle” speeds within the construction area and at all times while in waters where the draft of the vessel provides less than a four-foot

LA - South Grand Chenier Marsh Creation (ME-20) SP-10 clearance from the bottom. Vessels should follow routes of deep water whenever possible.

3. If used, siltation or turbidity barriers should be properly secured, made of material in which manatees cannot become entangled, and be monitored to avoid manatee entrapment or impeding their movement.

4. Temporary signs concerning manatees should be posted prior to and during all in-water project activities and removed upon completion. Each vessel involved in construction activities should display at the vessel control station or in a prominent location, visible to all employees operating the vessel, a temporary sign at least 8½ " X 11" reading language similar to the following: “CAUTION BOATERS: MANATEE AREA/ IDLE SPEED IS

REQUIRED IN CONSRUCTION AREA AND WHERE THERE IS LESS THAN

FOUR FOOT BOTTOM CLEARANCE WHEN A MANATEE IS PRESENT”. A

second temporary sign measuring 8½ " X 11” should be posted at a location prominently visible to all personnel engaged in water-related activities and should read language similar to the following: “CAUTION: MANATEE AREA/ EQUIPMENT MUST BE

SHUTDOWN IMMEDIATELY IF A MANATEE COMES WITHIN 50 FEET OF

OPERATION”.

5. To ensure manatees are not trapped due to construction of containment or water control structures, the project shall be surveyed for the presence of manatees prior to commencement of work activities. Should a manatee be observed within those areas, the contractor should immediately contact the US Fish and Wildlife Service’s Louisiana Ecological Services Office (337/291-3100) and the Louisiana Department of Wildlife and Fisheries, Wildlife Diversity Program (225/765-2821).

6. Collisions with, injury to, or sightings of manatees should be immediately reported to the US Fish and Wildlife Service’s Louisiana Ecological Services Office (337/291-3100) and the Louisiana Department of Wildlife and Fisheries, Wildlife Diversity Program (225/765-2821). Please provide the nature of the call (i.e., report of an incident, manatee sighting, etc.); time of incident/sighting; and the approximate location, including the latitude and longitude coordinates, if possible.

20. Cultural Resources The Contractor shall be on the alert for cultural resource deposits. Resource materials with potential cultural significance consist of the remains of prehistoric (Native American) or historic maritime or terrestrial activity, or human remains. Typical examples of cultural resources found in coastal Louisiana include but are not limited to, material from historic shipwrecks, prehistoric (aboriginal) dugouts, fire hearths, pottery, or human bones. If the Contractor discovers any cultural resource deposits, the Contractor shall cease all work within 100 feet of the site and immediately notify the CO and COR.

(210-VI-NEH, May 2001) LA - South Grand Chenier Marsh Creation (ME-20) 1-1

Construction Specification 1—Clearing

1. Scope The work shall consist of the clearing and disposal of trees, snags, logs, brush, shrubs, stumps, and rubbish from the designated areas.

2. Classification Unless otherwise specified in section 8, clearing will be classified according to the following definitions:

Class A—Requires that trees and other woody vegetation be removed so that the remaining stumps extend no higher than 4 inches above the ground surface.

Class B—Requires that trees and other woody vegetation be removed so that the remaining stumps extend no higher than 12 inches above the ground surface.

Class C—Requires that trees and other woody vegetation be removed as near the ground surface as conventional tools or field conditions will permit or as specified in section 8.

3. Protection of existing vegetation Trees and other woody vegetation designated to remain undisturbed shall be protected from damage throughout the entire construction period. Any damage resulting from the contractor's operations or neglect shall be repaired by the contractor.

Earthfill, stockpiling of materials, vehicular parking, and excessive foot or vehicular traffic shall not be allowed within the dripline of vegetation designated to remain in place. Vegetation damaged by any of these or similar actions shall be replaced with viable vegetation of the same species or as specified in section 8 and approved by the contracting officer.

Any cuts, skins, scrapes, or bruises to the bark of the vegetation shall be carefully trimmed and local nursery accepted procedures used to seal damaged bark.

Any limbs or branches 0.5-inch or larger in diameter that are broken, severed, or otherwise seriously damaged during construction shall be cut off at the base of the damaged limb or branch flush with the adjacent limb or tree trunk.

All roots 1 inch or larger in diameter that are cut, broken, or otherwise severed during construction operations shall have the end smoothly cut perpendicular to the root. Roots exposed during excavation or other operations shall be covered with moist earth and/or backfilled as soon as possible to prevent them from drying.

4. Marking The limits of the areas to be cleared will be marked by stakes, flags, tree markings, or other suitable methods. Trees to be left standing and uninjured will be designated by special markings placed on the trunks at a height of about 6 feet above the ground surface.

5. Clearing All trees not marked for preservation and all snags, logs, brush, shrubs, stumps, rubbish, and similar materials shall be cleared from within the limits of the marked areas.

6. Disposal All materials cleared from the designated areas shall be disposed of at locations shown on the drawings or in a manner specified in section 8. The contractor is responsible for complying with all local rules and regulations and the payment of any and all fees that may result from the disposal at locations away from the construction location.

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7. Measurement and payment Method 1—For items of work for which specific unit prices are established in the contract, the cleared area is measured to the nearest 0.1 acre. Payment for clearing is made for the total area within the designated limits at the contract unit price for the specified class of clearing. Such payment will constitute full compensation for all labor, equipment, tools, and all other items necessary and incidental to the completion of the work.

Method 2—For items of work for which specific unit prices are established in the contract, the length of the cleared area is measured to the nearest full station (100 feet) along the line designated on the drawings or in the specifications. Payment for clearing is made for the total length within the designated limits at the contract unit price for the specified class of clearing. Such payment will constitute full compensation for all labor, equipment, tools, and all other items necessary and incidental to the completion of the work.

Method 3—For items of work for which specific unit prices are established in the contract, the cleared areas is measured within the specified limits to the nearest 0.1 acre. The cleared areas are determined by measuring the width cleared, within the specified limits, at representative sections and multiplying the average width between sections by the linear distance between sections. Payment for clearing is made at the contract unit price for the item and shall constitute full compensation for all labor, equipment, tools, and all other items necessary and incidental to the completion of the work.

Method 4—For items of work for which specific lump sum prices are established in the contract, payment for clearing is made at the contract lump sum prices. Such payment shall constitute full compensation for all labor, equipment, tools, and all other items necessary and incidental to the completion of the work.

All Methods—These provisions apply to all methods of measurement and payment. Compensation for any item of work described in the contract, but not listed in the bid schedule is included in the payment for the item of work to which it is made subsidiary. Such items and the items to which they are made subsidiary are identified in section 8.

8. Items of work and construction details (next page)

NRCS-LA February 2021 South Grand Chenier Marsh Creation (ME-20) 1-3

8. Items of work and construction details Items of work to be performed in conformance with this specification and construction details are:

A. Subsidiary Item – Clearing, Containment Dike Alignment

1) General

i. This item shall consist of all work necessary to clear and remove debris and woody vegetation along the containment dike alignments within the design footprints of the containment dikes prior to placement of earthfill.

2) Clearing Classification

i. Clearing shall be Class C as stated in Section 2.

3) Marking

i. Section 4 – Marking, does not apply.

4) Clearing

i. Natural woody vegetation material may be disposed of by side casting into the marsh creation area provided it is not an obstruction within the marsh creation areas.

5) Disposal

i. Non-biodegradable materials removed from the cleared and grubbed areas shall be hauled away to an acceptable public landfill that meets all local, state, and federal requirements for that specific material. Contractor shall identify landfills within the area in the Work Plan.

6) Measurement and Payment

i. Section 7, Measurement and payment, shall not apply. No separate payment will be made for this item. Compensation for this item will be included in the payment for Bid Item 5, Earthen Containment Dikes.

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Construction Specification 3—Structure Removal

1. Scope The work shall consist of the removal, salvage, and disposal of structures (including fences) from the designated areas.

2. Marking Method 1—Each structure or structure part to be removed will be marked with stakes, flags, paint, or other suitable method.

Method 2—The area boundaries from which structures must be removed will be marked using stakes, flags, paint, or other suitable method. Structures to remain undisturbed or to be salvaged will be designated by special markings.

3. Removal Method 1—All structures designated for removal in the contract shall be removed to the specified extent and depth.

Method 2—Within the areas so marked, all visible and buried structures identified shall be removed to the specified extent and depth.

4. Salvage Structures or structure parts that are designated to be salvaged shall be carefully removed and neatly placed in the specified or approved storage location. Salvaged structures that are capable of being disassembled shall be dismantled into individual members or sections. Such structures shall be neatly and systematically match marked with paint before disassembly. All connectors and other parts shall be marked to indicate their proper location within the structure and shall be fastened to the appropriate structural member or packed in suitable containers.

Material from fences designated to be salvaged shall be placed outside the work area on the property on which the fence was originally located. Fence wire shall be rolled into uniform rolls of suitable size and neatly piled with other salvaged materials. Posts and rails shall be neatly stacked.

5. Disposal of refuse materials Refuse materials resulting from structure removal shall be disposed of in a manner and at locations specified in section 7 of this specification or in an acceptable manner and at locations approved by the contracting officer. Disposal by burning shall be in accordance with local rules and regulations.

6. Measurement and payment Method 1—For items of work for which specific unit prices are established by the contract, payment for the removal of each structure unit, except fences, is made at the contract unit price. Fences removed or removed and salvaged are measured to the nearest linear foot. Payment for fence removal or removal and salvage is made at the contract unit prices for each type and size of fence.

Such payment will constitute full compensation for all labor, equipment, tools, applicable permits and associated fees for burning and disposal of refuse, and all other items necessary and incidental to the completion of the work.

Method 2—For items of work for which specific lump sum prices are established by the contract, payment for structure removal is made at the contract lump sum price.

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Such payment will constitute full compensation for all labor, equipment, tools, applicable permits and associated fees for burning and disposal of refuse, and all other items necessary and incidental to the completion of the work.

All Methods—The following provisions apply to all methods of measurement and payment.

Compensation for any item of work described in the contract, but not listed as a contract line item number in the bid schedule, is included in the payment for the item of work to which it is made subsidiary. Such items and items to which they are made subsidiary are identified in section 7 of this specification.

7. Items of work and construction details (next page)

South Grand Chenier Marsh Creation (ME-20) 3-3

7. Items of work and construction details Items of work to be performed in conformance with this specification and construction details are:

A. Subsidiary Item - Dewatering Structure Removal

i. This item shall consist of the removal and proper disposal of all dewatering structures used in the earthen containment dike construction from the marsh creation areas after the completion of the project, but prior to Contractor demobilization.

2) Marking

i. In Section 2, Marking, Method 1 shall apply.

ii. The Contractor shall identify the locations of dewatering structures in the Work Plan.

3) Removal

i. In Section 3, Removal, Method 1 shall apply.

ii. The Contractor shall remove all dewatering structures that were installed as a part of this contract.

4) Closure of Breaches

i. All excavated soil material resulting from the dewatering structure removal activities shall be used to close the breaches left in the associated earthen containment dike. Said breaches shall be backfilled up to the newly constructed marsh fill elevation.

5) Disposal of Refuse Materials

i. Structure disposal location shall be approved by the CO, prior to their removal. All materials shall be disposed of in accordance with all local, state, and federal regulations. Burning will not be permitted.

6) Measurement and Payment

i. In Section 6, Measurement and Payment, no separate payment will be made for this item. Payment for this item will be included in the payment for Bid Item 5, Earthen Containment Dikes.

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Construction Specification 5—Pollution Control

1. Scope The work consists of installing measures or performing work to control erosion and minimize the production of sediment and other pollutants to water and air from construction activities.

The following BioPreferred® product categories are applicable to this specification: — mulch and compost materials erosion control materials fertilizers dust suppressants agricultural spray adjuvants

2. Material Silt fence shall conform to the requirement of Materials Specification 592, Geotextile. All other material furnished shall meet the requirements of the material specifications listed in section 8 of this specification.

3. Erosion and sediment control measures and works The measures and works shall include, but are not limited to, the following:

Staging of earthwork activities—The excavation and moving of soil materials shall be scheduled to minimize the size of areas disturbed and unprotected from erosion for the shortest reasonable time.

Seeding—Seeding to protect disturbed areas shall occur as soon as reasonably possible following completion of that earthwork activity.

Mulching—Mulching to provide temporary protection of the soil surface from erosion.

Diversions—Diversions to divert water from work areas and to collect water from work areas for treatment and safe disposition. They are temporary and shall be removed and the area restored to its near original condition when the diversions are no longer required or when permanent measures are installed.

Stream crossings—Culverts or bridges where equipment must cross streams. They are temporary and shall be removed and the area restored to its near original condition when the crossings are no longer required or when permanent measures are installed.

Sediment basins—Sediment basins collect, settle, and eliminate sediment from eroding areas from impacting properties and streams below the construction site(s). These basins are temporary and shall be removed and the area restored to its original condition when they are no longer required or when permanent measures are installed.

Sediment filters—Straw bale filters or geotextile silt fences trap sediment from areas of limited runoff.

Sediment filters shall be properly anchored to prevent erosion under or around them. Silt fences shall be installed and maintained in accordance with ASTM D6462. These filters are temporary and shall be removed and the area restored to its original condition when they are no longer required or when permanent measures are installed.

Waterways—Waterways for the safe disposal of runoff from fields, diversions, and other structures or measures. These works are temporary and shall be removed and the area restored to its original condition when they are no longer required or when permanent measures are installed.

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Other—Additional protection measures as specified in section 8 of this specification or required by Federal, State, or local government.

4. Chemical pollution The contractor shall provide watertight tanks or barrels or construct a sump sealed with plastic sheets to collect and temporarily contain chemical pollutants, such as drained lubricating or transmission fluids, grease, soaps, concrete mixer washwater, or asphalt, produced as a by-product of the construction activities. Pollutants shall be disposed of in accordance with appropriate state and Federal regulations. At the completion of the construction work, tanks, barrels, and sumps shall be removed and the area restored to its original condition as specified in section 8 of this specification. Sump removal shall be conducted without causing pollution.

Sanitary facilities, such as chemical toilets, or septic tanks shall not be located next to live streams, wells, or springs.