Specification_Section_01_30_00_CONTRACTOR_FURNISHED_PLACEMENT_AREA.pdf

FY15 MD Duluth Superior MN-WI Amendment 0001 FY15MDDULUTH

SECTION 01 30 00

CONTRACTOR FURNISHED PLACEMENT FACILITIES

PART 1 GENERAL

1.1 AFTER AWARD

1.1.1 Definition

The term "facility" used in this Section refers to all Contractor-furnished features that are proposed by the Contractor in conjunction with execution and performance of dredging and that are not specifically identified in the solicitation document. The facility includes, but not limited to, dredged material placement area(s), dredged material transfer site(s) and/or off-loading site(s), and/or haul roads.

1.1.2 Data

Submit all information and data specified in this Section.

1.1.3 Combination of Contractor/Government-Furnished Placement Areas

If a Contractor-furnished placement area is approved in combination with the Government-furnished placement area, the Contractor shall place dredged material into the Contractor-furnished placement area in the quantity approved by the government.

1.1.4 Expenses

All expenses incurred in complying with requirements for use of a proposed Contractor-furnished placement facility shall be borne by the Contractor, and all operations in connection therewith shall be at the Contractor's risk.

1.1.5 Required Data Needed if No Corps of Engineers Permit(s) Available

A Contractor proposing use of a contractor-furnished placement facility that does not have a Corps of Engineers regulatory permit which covers the dredged material outlined in the contract and proposed placement facility shall furnish the data identified below for each proposed facility. The Cors of Engineers will conduct Section 106 of the National Historic Preservation Act coordination with the appropriate State Historic Preservation Office. No ground impacting work will take place at a contractor furnished disposal site until the contractor is notified by Corps of Engineers that the Section 106 process has been completed and work can proceed.

(1) Name and address of Property Owner(s).

(2) Location, site map, and legal description (or appropriate substitute) of area(s) and haul route(s).

(3) Previous Land Use Information for the last ten year period.

(4) A Topographic Map of the Area outlining the property boundary and specific placement location. The topography may be depicted on a USGS

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Quadrangle sheets (or specific enlargement from the sheet) if the land elevations remain essentially the same as depicted on the sheet. The name, date and latest photograph update to the Quad sheet must be provided if a USGS Quad sheet is used. If areas within the proposed placement location have been filled since the date of the Quad sheet, then new topographic survey is required including surveyor information and preparation date. Cross sections required in item (8) should be depicted on the topographic map.

(5) Photographs showing the area proposed for use.

(6) All data required to assess potential environmental impacts. This information is required in order to determine the necessity for environmental documentation for the proposed use of the site.

Applicable data would include, but not be limited to, a Phase I Environmental Site Assessment of the proposed placement facility prepared in accordance with ASTM E1527 - Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.

(7) Capacity of placement area.

(8) Cross section(s) of the proposed fill area depicting existing grade, average depth of fill and final grades over placement area.

(9) Obtain a fully executed Contractor-Furnished Placement Facility Permit. Use the sample permit form attached at the end of this Section.

(10) Documentation of coordination of the use of the proposed placement facility with Federal, State and local agencies having an interest and furnish written approval of these agencies for use of such facilities(s). Applicable agencies are:

Michigan:

(a) Mr. Chris Antieau, Corps Project Coordinator Chief, Michigan Department of Environmental Quality, Great Lakes Shorelands Unit, Water Resources Division, P.O. Box 30473, Lansing, Michigan 48909-7973. As a minimum, a determination that the proposed fill area does not contain regulated wetlands and that the site is not within a regulated floodplain.

(b) Mr. Scott Hicks, Field Supervisor, U.S. Fish and Wildlife Service, Ecological Services, 2651 Coolidge Road, Suite 101, East Lansing, Michigan 48823. As a minimum, a determination that the site does not impact Federally listed Threatened or Endangered or Candidate species.

(c) Mr. Kenneth Westlake, US Environmental Protection Agency, Region V, Environmental Planning and Evaluation, 77 West Jackson Boulevard, Chicago, IL 60604-3590.

(d) Regulatory Branch, Engineering and Technical Services Division, U.S. Army Engineer District, Detroit, P.O. Box 1027, Detroit MI, 48231.

Minnesota:

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(a) Mr. Dan Breneman, Dan Breneman, Lake Superior Unit, Minnesota Pollution Control Agency,525 Lake Ave. South, Suite 400, Duluth, MN 55802. As a minimum, a determination that the proposed fill area does not contain regulated wetlands and that the site is not within a regulated floodplain.

(b) U.S. Fish and Wildlife Service, Ecological Services, 4101 American Blvd E, Bloomington, MN 55425-1665. As a minimum, a determination that the site does not impact Federally listed Threatened or Endangered or Candidate species.

(c) Mr. Kenneth Westlake, US Environmental Protection Agency, Region V, Environmental Planning and Evaluation, 77 West Jackson Boulevard, Chicago, IL 60604-3590.

(d) Regulatory Functions Branch, Construction-Operations Division, U.S. Army Corps of Engineers, St Paul, 190 Fifth Street East, St Paul MN, 55101.

Wisconsin:

(a) Jim Killian, Wisconsin Department of Natural Resources, PO Box 7921, Madison, WI 53707-7921. As a minimum, a determination that the proposed fill area does not contain regulated wetlands and that the site is not within a regulated floodplain.

(b) U.S. Fish and Wildlife Service, Ecological Services, 2661 Scott Tower Drive, New Franken, WI 54229-9565. As a minimum, a determination that the site does not impact Federally listed Threatened or Endangered or Candidate species.

(c) Mr. Kenneth Westlake, US Environmental Protection Agency, Region V, Environmental Planning and Evaluation, 77 West Jackson Boulevard, Chicago, IL 60604-3590.

(d) Regulatory Functions Branch, Construction-Operations Division, U.S. Army Corps of Engineers, St Paul, 190 Fifth Street East, St Paul MN, 55101.

All States:

(a) Local Permit, if any, including evidence of a Soil Erosion and Sediment Control (SESC) Permit from the appropriate local SESC agency or determination that no SESC permit is required.

1.1.6 Required Data Needed if a Corps of Engineers Permit(s) is Available

A Contractor proposing use of a contractor-furnished placement facility that does have a Corps of Engineers regulatory permit which covers the dredged material outlined in the contract and the proposed placement facility shall furnish the following data for each proposed facility:

(1) The Corps of Engineers Permit(s)

(2) Any applicable State and Local permit(s).

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1.1.7 Required Data Submittal, Review and Approval

1.1.7.1 Required Data Submittal if No Corps of Engineers Regulatory Permit(s) Available

The contractor's initial proposal for use of a contractor-furnished placement facility shall be accompanied by all the required data specified under paragraphs 1.1.5. The contractor shall submit the required documents to the Contracting Officer for approval at least 90 calendar days in advance of the proposed placement facility usage to allow for government review, coordination and approval.

1.1.7.2 Required Data Submittal if a Corps of Engineers Regulatory Permit(s) is Available

The contractor's initial proposal for use of a contractor-furnished placement facility shall be accompanied by all the required data specified under paragraphs 1.1.6. The contractor shall submit the required documents to the Contracting Officer for approval at least 30 calendar days in advance of the proposed placement facility usage to allow for government review, coordination and approval.

1.1.7.3 Contracting Officer's Approval

The Contracting Officer's approval of the contractor-furnished placement facility shall be issued by contract modification pursuit to the "Changes" clause. The Contracting Officer's approval modification of the contractor-furnished placement facility shall not adjust the contract price and shall not adjust the contract performance period. The Contracting Officer's disapproval of a contractor-furnished placement facility shall not be subject to the "Disputes" clause and shall not result in a time extension for delays to the contractor.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

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