S01 - SOW 1.pdf

STATEMENT OF WORK 1

FOR

WETLAND ENHANCEMENT SERVICES

NATURAL RESOURCES CONSERVATION SERVICE (NRCS)

I. OBJECTIVE

The objective of this contract/purchase order is to obtain services in the State of Pennsylvania (PA) for Wetland Easement Vegetation Enhancement Services for properties located in Monroe, Northampton, and Schuylkill Counties. Description of services for each site is listed below.

II. BACKGROUND

The United States Department of Agriculture (USDA) NRCS has authority to administer voluntary conservation easement programs. Depending on the program, NRCS is authorized to acquire easement rights from participating landowners to achieve program purposes such as restoring and protecting wetlands, grasslands, and forest land resources and restoring and enhancing floodplains. NRCS is the lead agency within the United States Department of Agriculture charged with administering these programs.

III. SCOPE

The Contractor shall follow the Statement of Work and applicable regulations to provide Wetland Enhancement Services for the associated properties. The services entail the following:

1. Brush Management (314) – removal of woody plants and controlling noxious and invasive woody plants

2. Herbaceous Weed Treatment (315) – removal and controlling noxious and invasive herbaceous plants

3. Conservation Cover (327) – planting of native warm season grasses with wildflowers

4. Tree/Shrub Site Preparation (490) – removal of competing vegetation and debris that would impede the planting or establishment of native shrubs

5. Tree and Shrub Establishment (612) – planting of shrubs to increase plant diversity and shelter for wildlife

IV. STANDARDS AND RESPONSIBILITIES

The Contractor shall follow the Statement of Work, applicable regulations, and conservation practice standards to provide Wetland Enhancement Services for the associated property. The contractor will notify the landowner prior to each site visit for restoration. The landowner will remove cattle from the site to keep them safe from herbicide application.

The individual Conservation Practice Standards and Specifications can be found at https:// efotg.sc.egov.usda.gov/toc.aspx?CatID=12487. The Contractor will be provided with a copy of the Conservation Practice Standards and Specifications upon acceptance of bid. Other specifications specific to this contracted work are listed in Section V., Description of Services of this Statement of Work.

Please see Attachment 1, HMU maps for the following Easements: Felty, Klingel, Mastroddi, Oyer, Phillips, Seiler, Vetter, Vogt, Vough, and Yengel for the field location and number of acres in each unit. The Contractor is responsible for implementing all Wetland Easement Enhancement Services in compliance with Conservation Practice Standards.

The Contractor is responsible for having current knowledge of requirements of Pennsylvania state law associated with the services being solicited.

The Contractor will attend the pre-implementation meeting with the NRCS representative(s). The discussions and decisions shall be documented by the NRCS and the Contractor.

The Contractor will effectively communicate to NRCS the status of the Wetland Easement Enhancement Services, beginning with the start of the first practice and through to completion. The contractor will must notify NRCS field office at least 24 hours before proceeding with the first treatment.

Scheduling conflicts will be communicated ahead of time. Any changes or modifications to the planned treatment acres will be communicated to and approved by NRCS.

The Contractor will be a licensed herbicide applicator. All herbicide applications must be done according to the instructions on the herbicide label.

The Contractor will carry out activities during appropriate weather conditions so that herbicide treatment is effective.

Within 14 days of practice completion, the Contractor will submit the following Records of Application documentation to NRCS:

1. Extent of practice application (i.e. number of acres) and corresponding map

2. List of materials and methods used for practice implementation (see more specific deliverables for each practice below) and estimated hours of labor

Specific documentation for deliverables is listed below:

Brush Management/Herbaceous Weed Treatment

• Plant species controlled and percent kill of target species

• Dates of treatment

• Chemicals applied (also carriers/surfactants, if used)

• Rate of application

• Method of application, including general equipment used

Conservation Cover

• Plant species planted- seeding rate per acre

• Dates of planting with planting method

• Location of plantings

• Chemicals applied (also carriers/surfactants, if used)

• Rate of application

• Method of application, including general equipment used

Tree/Shrub Site Preparation / Tree and Shrub Establishment

• Method of site clearing

• Dates of site clearing

• Shrub species planted

• Dates of planting

• Locations of planting

V. DESCRIPTION OF SERVICES

1. Brush Management Only Seiler Site

COORDINATES: 40.862284, -75.339431

Vetter Site

COORDINATES: 40.855419, -75.347102

Klingel Site

COORDINATES: 40.877763, -75.331664

Treatment options for Woody Vegetation removal: Treatment Spring 2021 through Winter 2021.

Basal Bark Application (triclopyr)

This method involves the application of the ester formulation of triclopyr (e.g., Pathfinder® II) to woody plants with stems less than 6 inches in basal diameter. Use of triclopyr to control woody vegetation using the basal bark application method for target woody vegetation includes, but is not limited to, red maple, alder, poison sumac, and multiflora rose.

Herbicide is applied with a backpack sprayer using low pressure and a solid cone or flat nozzle. The herbicide is sprayed on the lowermost 10-12 inches of woody stems, including the root collar zone.

Herbicide will not be applied when snow cover prevents spraying to the ground line. Woody stems will not be saturated to the point that runoff into the soil occurs. Herbicide will not be applied to open water or water present in wetlands. Care will be taken to reduce the risk of herbicide contacting adjacent non-target vegetation, as this may kill beneficial vegetation and introduce herbicide into the surrounding soil.

When controlling woody vegetation with herbicides, approximately 10-20% of the native tree and shrub cover in mucky areas of the overall wetland will be retained (i.e., not treated), located in or near seeps, springs, rivulets, and mucky areas. Scattered pockets of shrubs will be retained in mucky areas within the emergent portion of the wetland.

Cut and Paint (glyphosate)

This method involves the application of glyphosate (without surfactant) to cut stumps of shrubs. Stems of shrubs are simply cut near ground level and a small amount of glyphosate applied to the stump. Care is taken not to spill herbicide in the wetland and only a small amount should be painted on each stump.

EZ-ject

The EZ-ject method involves the injection of pellets of glyphosate or imazapyr directly into the trunks of woody vegetation via the EZ-ject lance. Injection of pellets containing imazapyr will be limited to stem diameters exceeding 4 inches to minimize the risk of herbicide leaching from roots into the surrounding soil. Herbicide is delivered directly to woody stems, avoiding any herbicide spillage in the wetland. Little or no migration of herbicide from the root system to wetland soils is anticipated.

Treatment options for shrub or non-native emergent vegetation:

Glyphosate or imazapyr will be applied in a dilution appropriate for the method of application. When carrying out a foliar application of glyphosate or imazapyr, the surfactant LI-700® may be used in accordance with the EPA-approved label instructions to improve efficacy of the herbicide and potentially reduce or eliminate the need for re-treatment.

Low-Pressure Spray and Low-Pressure Spot Spray (glyphosate)

These foliar application methods are intended to deliver herbicide to the leaves and/or stems of target plants. Spot spray refers to the spraying of individual plants, around which non-target plants occur.

Care is taken to spray just the target plant, so that damage to adjacent, non-target plants is minimized.

In contrast, low-pressure spray applications are intended to treat dense stands of the target plant species, within which few or no non-target plants occur. Spraying will be done only when the target plant species occurs at a high enough density to minimize the risk to non-target plants.

Glyphosate is sprayed onto the leaves or stem via spray bottle, backpack sprayer, or modified low volume hydraulic applicator with hand-held directed spray equipment with a spray pressure not to exceed 60 pounds per square inch. A wand will be used to ensure that herbicide reaches the tops of tall plants. High pressure sprayers will not be used, as this would increase the risk of herbicide drift.

Herbicide drift from the sprayer can kill or damage desirable non-target plants and end up in wetland soils.

Regardless of the application method used, glyphosate and imazapyr will be applied in a dilution appropriate for the method of application. When carrying out a foliar application of glyphosate or imazapyr, the surfactant LI-700® may be used in accordance with the EPA-approved label instructions to improve efficacy of the herbicide and potentially reduce or eliminate the need for re-treatment.

2. Brush Management and Herbaceous Weed Treatment

Yengel Site ADDRESS: Tittle Rd. Saylorsburg, PA; COORDINATES: 40.864474, -75.337178

Vogt Site

COORDINATES: 40.857301, -75.345450

Vough Site ADDRESS: 178 Vough Ln. Bangor, PA 18013

Oyer Site ADDRESS: 3104 Turkey Hill Rd. Stroudsburg, PA 18360

Phillips Site ADDRESS: Turkey Hill Rd. Stroudsburg, PA; COORDINATES: 40.940385, - 75.264624

Felty Site ADDRESS: 1250 Rock Rd, Schuylkill Haven, PA 17972

This method involves the application of the ester formulation of triclopyr (e.g., Pathfinder® II) to woody plants with stems less than 6 inches in basal diameter. Use of triclopyr to control woody vegetation using the basal bark application method for target woody vegetation includes, but is not limited to, red maple, alder, poison sumac, and multiflora rose.

Herbicide is applied with a backpack sprayer using low pressure and a solid cone or flat nozzle. The herbicide is sprayed on the lowermost 10-12 inches of woody stems, including the root collar zone.

Herbicide will not be applied when snow cover prevents spraying to the ground line. Woody stems will not be saturated to the point that runoff into the soil occurs. Herbicide will not be applied to open water or water present in wetlands. Care will be taken to reduce the risk of herbicide contacting adjacent non-target vegetation, as this may kill beneficial vegetation and introduce herbicide into the surrounding soil.

When controlling woody vegetation with herbicides, approximately 10-20% of the native tree and shrub cover in mucky areas of the overall wetland will be retained (i.e., not treated), located in or near seeps, springs, rivulets, and mucky areas. Scattered pockets of shrubs will be retained in mucky areas within the emergent portion of the wetland.

Cut and Paint (glyphosate)

This method involves the application of glyphosate (without surfactant) to cut stumps of shrubs. Stems of shrubs are simply cut near ground level and a small amount of glyphosate applied to the stump. Care is taken not to spill herbicide in the wetland and only a small amount should be painted on each stump.

EZ-ject

The EZ-ject method involves the injection of pellets of glyphosate or imazapyr directly into the trunks of woody vegetation via the EZ-ject lance. Injection of pellets containing imazapyr will be limited to stem diameters exceeding 4 inches to minimize the risk of herbicide leaching from roots into the surrounding soil. Herbicide is delivered directly to woody stems, avoiding any herbicide spillage in the wetland. Little or no migration of herbicide from the root system to wetland soils is anticipated.

Treatment options for shrub or non-native emergent vegetation:

Glyphosate or imazapyr will be applied in a dilution appropriate for the method of application. When carrying out a foliar application of glyphosate or imazapyr, the surfactant LI-700® may be used in accordance with the EPA-approved label instructions to improve efficacy of the herbicide and potentially reduce or eliminate the need for re-treatment. Either of the following two methods of application (High- or Low- pressure spray) are appropriate for restoration of habitat at this site.

Low-Pressure Spray and Low-Pressure Spot Spray (glyphosate)

These foliar application methods are intended to deliver herbicide to the leaves and/or stems of target plants. Spot spray refers to the spraying of individual plants, around which non-target plants occur.

Care is taken to spray just the target plant, so that damage to adjacent, non-target plants is minimized.

In contrast, low-pressure spray applications are intended to treat dense stands of the target plant species, within which few or no non-target plants occur. Spraying will be done only when the target plant species occurs at a high enough density to minimize the risk to non-target plants.

Glyphosate is sprayed onto the leaves or stem via spray bottle, backpack sprayer, or modified low volume hydraulic applicator with hand-held directed spray equipment with a spray pressure not to exceed 60 pounds per square inch. A wand will be used to ensure that herbicide reaches the tops of tall plants. High pressure sprayers will not be used, as this would increase the risk of herbicide drift.

Herbicide drift from the sprayer can kill or damage desirable non-target plants and end up in wetland soils.

Regardless of the application method used, glyphosate and imazapyr will be applied in a dilution appropriate for the method of application. When carrying out a foliar application of glyphosate or imazapyr, the surfactant LI-700® may be used in accordance with the EPA-approved label instructions to improve efficacy of the herbicide and potentially reduce or eliminate the need for re-treatment.

Treatment options for Herbaceous Weed control— Spring 2021 through Summer 2022

Reed canarygrass (2 year treatment) Herbicide using the high- or low- pressure spray methods should be used to treat reed canary grass with the goal of complete removal within 5 years. Multiple treatments will likely be necessary to achieve this objective.

Low-Pressure Spray and Low-Pressure Spot Spray (glyphosate)

These foliar application methods are intended to deliver herbicide to the leaves and/or stems of target plants. Spot spray refers to the spraying of individual plants, around which non-target plants occur.

Care is taken to spray just the target plant, so that damage to adjacent, non-target plants is minimized.

In contrast, low-pressure spray applications are intended to treat dense stands of the target plant species, within which few or no non-target plants occur. Spraying will be done only when the target plant species occurs at a high enough density to minimize the risk to non-target plants.

Glyphosate is sprayed onto the leaves or stem via spray bottle, backpack sprayer, or modified low volume hydraulic applicator with hand-held directed spray equipment with a spray pressure not to exceed 60 pounds per square inch. A wand will be used to ensure that herbicide reaches the tops of tall plants. High pressure sprayers will not be used, as this would increase the risk of herbicide drift.

Herbicide drift from the sprayer can kill or damage desirable non-target plants and end up in wetland soils.

Mechanized application of herbicides

These methods of herbicide application are intended to effectively and efficiently deliver appropriate herbicides to large patches of Japanese stiltgrass or hay-scented fern occurring in the understory of upland forest acres. Due to the size of the treatment areas, a mechanical platform with boom applicators is recommended. Spraying will be done when the target canopies have attained maximum closure, thus protecting the few desirable plants that may exist underneath those canopies. This treatment option cannot be used within bog turtle habitats or on saturated soils; those areas must be treated by hand using treatment methods described above.

Regardless of the application method used, glyphosate and imazapyr will be applied in a dilution appropriate for the method of application. When carrying out a foliar application of glyphosate or imazapyr, the surfactant LI-700® may be used in accordance with the EPA-approved label instructions to improve efficacy of the herbicide and potentially reduce or eliminate the need for re-treatment.

3. Brush Management, Herbaceous Weed Treatment, Conservation Cover, Tree/Shrub Site Preparation, and Tree/Shrub Establishment

Mastroddi Site ADDRESS: Saylorsburg, PA

This method involves the application of the ester formulation of triclopyr (e.g., Pathfinder® II) to woody plants with stems less than 6 inches in basal diameter. Use of triclopyr to control woody vegetation using the basal bark application method for target woody vegetation includes, but is not limited to, red maple, alder, poison sumac, and multiflora rose.

Herbicide is applied with a backpack sprayer using low pressure and a solid cone or flat nozzle. The herbicide is sprayed on the lowermost 10-12 inches of woody stems, including the root collar zone.

Herbicide will not be applied when snow cover prevents spraying to the ground line. Woody stems will not be saturated to the point that runoff into the soil occurs. Herbicide will not be applied to open water or water present in wetlands. Care will be taken to reduce the risk of herbicide contacting adjacent non-target vegetation, as this may kill beneficial vegetation and introduce herbicide into the surrounding soil.

When controlling woody vegetation with herbicides, approximately 10-20% of the native tree and shrub cover in mucky areas of the overall wetland will be retained (i.e., not treated), located in or near seeps, springs, rivulets, and mucky areas. Scattered pockets of shrubs will be retained in mucky areas within the emergent portion of the wetland.

Cut and Paint (glyphosate)

This method involves the application of glyphosate (without surfactant) to cut stumps of shrubs. Stems of shrubs are simply cut near ground level and a small amount of glyphosate applied to the stump. Care is taken not to spill herbicide in the wetland and only a small amount should be painted on each stump.

EZ-ject

The EZ-ject method involves the injection of pellets of glyphosate or imazapyr directly into the trunks of woody vegetation via the EZ-ject lance. Injection of pellets containing imazapyr will be limited to stem diameters exceeding 4 inches to minimize the risk of herbicide leaching from roots into the surrounding soil. Herbicide is delivered directly to woody stems, avoiding any herbicide spillage in the wetland. Little or no migration of herbicide from the root system to wetland soils is anticipated.

Mechanical treatment of woody vegetation

This is a possible method for removing large areas of invasive woody plants such as autumn olive in the upland acres, via mechanical/mechanized methods like masticators, chippers, etc. Autumn olive plants to be treated vary greatly in both diameter and height. Treatment which makes subsequent Conservation Cover and Tree/Shrub Establishment easier should be strongly considered; method used cannot simply cut and drop the vegetation, it must also reduce and disperse the remaining slash and debris. This treatment option is limited to upland fields without wetlands or moist soils. (Foliar application of herbicides to these areas may also work but will require high-pressure spraying systems which can be effectively maneuvered through very dense vegetation.)

Treatment options for shrub or non-native emergent vegetation:

Glyphosate or imazapyr will be applied in a dilution appropriate for the method of application. When carrying out a foliar application of glyphosate or imazapyr, the surfactant LI-700® may be used in accordance with the EPA-approved label instructions to improve efficacy of the herbicide and potentially reduce or eliminate the need for re-treatment.

High-Pressure Spray (glyphosate/imazapyr)

This is a possible method for removing large areas of invasive woody plants such as autumn olive in the upland acres, via application of herbicide to the leaves and stems of target plants, either from mechanized or manual platforms. The high-pressure spray application may only be used to treat dense stands of autumn olives and other woody invasives in the upland acres, where few non-target plants occur. Glyphosate is sprayed onto the plants using hand-directed spray equipment, with a spray pressure not to exceed 400 pounds per square inch. At 400 PSI, the sprayer will distribute herbicide as far as 50 feet from the nozzle. High pressure sprayers will be used only to treat dense woody invasives, where herbicide application with low-pressure sprayers is not effective.

Low-Pressure Spray and Low-Pressure Spot Spray (glyphosate)

These foliar application methods are intended to deliver herbicide to the leaves and/or stems of target plants. Spot spray refers to the spraying of individual plants, around which non-target plants occur.

Care is taken to spray just the target plant, so that damage to adjacent, non-target plants is minimized.

Low-pressure spray applications are intended to treat dense stands of the target plant species, within which few or no non-target plants occur. Spraying will be done only when the target plant species occurs at a high enough density to minimize the risk to non-target plants.

Glyphosate is sprayed onto the leaves or stem via spray bottle, backpack sprayer, or modified low volume hydraulic applicator with hand-held directed spray equipment with a spray pressure not to exceed 60 pounds per square inch. A wand will be used to ensure that herbicide reaches the tops of tall plants. High pressure sprayers will not be used, as this would increase the risk of herbicide drift.

Herbicide drift from the sprayer can kill or damage desirable non-target plants and end up in wetland soils.

Mechanized application of herbicides

These methods of herbicide application are intended to effectively and efficiently deliver appropriate herbicides to the large patches of hay-scented fern occurring under the evergreen forest acres in the uplands. Due to the size of the treatment areas, a mechanical platform with boom applicators is recommended. Spraying will be done when the target canopies have attained maximum closure, thus protecting the few desirable plants that may exist underneath those canopies. This treatment option cannot be used within bog turtle habitats or on saturated soils; those areas must be treated by hand using treatment methods described above.

Regardless of the application method used, glyphosate and imazapyr will be applied in a dilution appropriate for the method of application. When carrying out a foliar application of glyphosate or imazapyr, the surfactant LI-700® may be used in accordance with the EPA-approved label instructions to improve efficacy of the herbicide and potentially reduce or eliminate the need for re-treatment.

Treatment options for Herbaceous Weed control: Spring 2021 through Summer 2022

Low-Pressure Spray and Low-Pressure Spot Spray (glyphosate)

These foliar application methods are intended to deliver herbicide to the leaves and/or stems of target plants. Spot spray refers to the spraying of individual plants, around which non-target plants occur.

Care is taken to spray just the target plant, so that damage to adjacent, non-target plants is minimized.

In contrast, low-pressure spray applications are intended to treat dense stands of the target plant species, within which few or no non-target plants occur. Spraying will be done only when the target plant species occurs at a high enough density to minimize the risk to non-target plants.

Glyphosate is sprayed onto the leaves or stem via spray bottle, backpack sprayer, or modified low volume hydraulic applicator with hand-held directed spray equipment with a spray pressure not to exceed 60 pounds per square inch. A wand will be used to ensure that herbicide reaches the tops of tall plants. High pressure sprayers will not be used, as this would increase the risk of herbicide drift.

Herbicide drift from the sprayer can kill or damage desirable non-target plants and end up in wetland soils.

Regardless of the application method used, glyphosate and imazapyr will be applied in a dilution appropriate for the method of application. When carrying out a foliar application of glyphosate or imazapyr, the surfactant LI-700® may be used in accordance with the EPA-approved label instructions to improve efficacy of the herbicide and potentially reduce or eliminate the need for re-treatment.

Conservation Cover: Spring 2022 Establish a mix of native forbs on 3 acres of upland where autumn olive has been removed and native shrubs planted. Seed mix specifications must be approved by NRCS and will contain at least 6 species of native flowering forbs that provide pollen and nectar for native pollinators.

Tree/Shrub Site Preparation: Spring 2022 Prepare planting locations where individual trees or shrubs will be planted. Actions may involve debris removal, herbicide application, etc. Approximately 300 planting locations are expected.

Tree/Shrub Establishment: Spring 2022 Plant 300 native deciduous trees and shrubs in the upland acres cleared in 2021, to restore a diverse plant community that provides food and cover for wildlife. Plant list must be approved in advance by NRCS and will contain at least 4 species of native trees and 2 species of native shrubs. At least one tree and shrub specie must provide pollinator benefits. Plants should be protected as needed (shelter/stake, wire cage, etc.) based on species and/or growth form.

VI. PERFORMANCE OF SERVICES:

The time spent to perform these items shall vary depending on the complexity of the site and the competence of the contractors involved.

VII. CONTRACTOR QUALIFICATIONS

The Contractor shall:

Be approved by U.S. Fish and Wildlife Service to complete herbicide applications on HMU 1 and 2 on the wetland easement.

Requirements for applying conservation practice Wetland Enhancement:

1. The person(s) performing the work must either be on the Pennsylvania Fish & Boat Commission’s List of Qualified Surveyors For Bog Turtle* or following the guidance of a person on the Commission’s list.

2. The person(s) performing or supervising the work must be a Certified Commercial Pesticide

Applicator, including Category No. 9 Aquatic Pest Control. Any person(s) working under the supervision of the Certified Commercial Herbicide Applicator must be a Registered Pesticide Technician.

* https://www.fish.state.pa.us/water/habitat/te-surveyors/BT_Surveyors.pdf

The requirements for applying to become a Qualified Surveyor For Bog Turtle are found at:

http://fishandboat.com/images/pages/forms/qualified_surveyor_requirements.pdf

The pesticide licensing terms are from PA Dept. of Ag.

http://www.agriculture.pa.gov/Protect/PlantIndustry/PesticideCART/Pages/default.aspx

Requirements for applying conservation practice Conservation Cover:

1. The person(s) performing or supervising the work must be a Certified Commercial Pesticide Applicator. Any person(s) working under the supervision of the Certified Commercial Herbicide Applicator must be a Registered Pesticide Technician.

VIII. CIVIL RIGHTS AND PROGRAM DELIVERY

By signing this contract, the Contractor assures the USDA that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. Any and all information gained through this Statement of Work or in the process of carrying out the Wetland Enhancement project are to be held confidential between the Contractor, NRCS, other designated partners and the landowner unless released by the landowner.

Information gained may not be shared with others and are considered private to the landowner. The Contractor will protect the privacy of information collected during the technical assistance process according to the provisions of Section 1619 of the Food, Conservation and Energy Act of 2008.

https://www.fish.state.pa.us/water/habitat/te-surveyors/BT_Surveyors.pdf