AMD0001_technicalsection.pdf

Cottonwood Pile Dike Repairs

PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00.00 25 CONTRACT ADMINISTRATION DATA

01 10 10.00 25 CONTRACTOR'S OPERATIONS AND REQUIREMENTS

01 11 00.00 99 SUMMARY OF WORK

01 12 00.00 25 SECURITY REQUIREMENTS

01 22 00.00 25 MEASUREMENT AND PAYMENT

01 32 01.00 25 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26.00 25 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 25 QUALITY CONTROL

01 45 00.15 25 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 57 19.00 25 TEMPORARY ENVIRONMENTAL CONTROLS

01 74 19.00 25 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

01 78 39.10 25 AS-BUILT DRAWINGS

DIVISION 02 - EXISTING CONDITIONS

02 41 00.00 99 DEMOLITION

DIVISION 31 - EARTHWORK

31 00 00.00 99 EARTHWORK

31 00 02.00 99 SURVEY

31 11 00.00 99 CLEARING AND GRUBBING

31 62 16.16 99 STEEL PIPE PILES

31 62 19.13 99 TIMBER MARINE PILES

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19.00 99 STONE, CHANNEL, SHORELINE/COASTAL PROTECTION FOR STRUCTURES

35 52 00.00 99 MATERIAL OFF-LOADING FACILITY CONSTRUCTION

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PROJECT TABLE OF CONTENTS Page 1

AMD #0001

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 19.00 25

TEMPORARY ENVIRONMENTAL CONTROLS

PART 1 GENERAL

1.1 SUMMARY

1.2 REFERENCES

1.3 DEFINITIONS

1.3.1 Best Management Practices

1.3.2 Contractor-Generated Hazardous Waste

1.3.3 Environmental Pollution and Damage

1.3.4 Environmental Protection

1.3.5 Hazardous Debris

1.3.6 Hazardous Materials

1.3.7 Hazardous Waste

1.3.8 National Pollutant Discharge Elimination System (NPDES)

1.3.9 Oily Waste

1.3.10 Petroleum, Oil, Lubricant(POL)

1.3.11 Regulated Waste

1.3.12 Sediment

1.3.13 Solid Waste

1.3.13.1 Construction Debris

1.3.13.2 Green Waste

1.3.13.3 Non-Hazardous Waste

1.3.13.4 Recyclables

1.3.13.5 Scrap Metal

1.3.13.6 Wood

1.3.14 Surface Discharge

1.3.15 Stormwater

1.3.16 Wastewater

1.3.17 Waters of the United States

1.3.18 Wetlands

1.4 SUBMITTALS

1.5 ENVIRONMENTAL PROTECTION REQUIREMENTS

1.6 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.6.1 General Requirements

1.6.2 Heavy Equipment

1.6.3 Environmental Compliance

1.6.4 Full Restoration of Disturbed Upland Properties

1.7 QUALITY CONTROL

1.7.1 Preconstruction Environmental Survey and Protection of Features

1.7.2 Environmental Coordination Meeting

1.7.3 Non-Compliance Notifications

1.8 ENVIRONMENTAL PROTECTION PLAN

1.8.1 Regulatory Notification and Permits

1.8.2 General Overview and Purpose

1.8.2.1 Procedures

1.8.2.2 Communications

1.8.3 General Site Information

SECTION 01 57 19.00 25 Page 1

1.8.3.1 Drawings

1.8.3.2 Work Areas

1.8.4 Documentation of Environmental Conditions

1.8.5 Protection of the Environment from Waste Derived from

Contractor Operations

1.8.6 Spill Prevention and Control Plan

1.8.7 Clean Air Act Compliance

1.8.7.1 Pollution Generating Equipment

1.8.7.2 Compliant Materials

1.9 ENVIRONMENTAL RECORDS BINDER

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.2 PROTECTION OF NATURAL RESOURCES

3.2.1 Marine Mammals

3.2.1.1 Pile Installation Requirements

3.2.2 Wetlands

3.2.3 Nesting Birds

3.3 USE OF HEAVY EQUIPMENT

3.4 STORMWATER POLLUTION PREVENTION

3.4.1 Stormwater Pollution Prevention Plan

3.4.2 Construction Stormwater General Permit

3.4.2.1 Stormwater Permit Application for Construction Activities

3.4.2.2 Inspection Reports

3.4.2.3 Stormwater Notice of Termination for Construction

Activities

3.4.3 BMP Monitoring and Maintenance

3.4.4 Erosion and Sediment Control Measures

3.4.4.1 Erosion Control Practices

3.4.4.2 Sediment Control Practices

3.4.5 Work Area Limits

3.4.6 Contractor Facilities and Work Areas

3.5 SURFACE AND GROUNDWATER

3.5.1 Waters of the United States

3.5.2 Invasive Species Prevention Measures for Boat Operations

3.6 CULTURAL RESOURCES

3.6.1 Archaeological Resources

3.7 AIR RESOURCES

3.7.1 Particulates

3.7.2 Odors

3.8 WASTE MINIMIZATION

3.8.1 Salvage, Reuse and Recycle

3.9 WASTE MANAGEMENT AND DISPOSAL

3.9.1 Solid Waste Management Report

3.9.2 Control and Management of Solid Wastes

3.9.3 Control and Management of Hazardous Waste

3.9.3.1 Hazardous Waste/Debris Management

3.9.3.2 Hazardous Waste Disposal

3.9.4 Releases/Spills of Oil and Hazardous Substances

3.10 HAZARDOUS MATERIAL MANAGEMENT

3.11 PREVIOUSLY USED EQUIPMENT

3.12 PETROLEUM, OIL, LUBRICANT (POL) STORAGE AND FUELING

3.12.1 Used Oil Management

3.12.2 Oil Storage Including Fuel Tanks

3.13 NOISE CONTROL

SECTION 01 57 19.00 25 Page 2

3.13.1 General

3.13.2 Noise Limitations

3.14 POST CONSTRUCTION CLEANUP

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SECTION 01 57 19.00 25 Page 3

SECTION 01 57 19.00 25

TEMPORARY ENVIRONMENTAL CONTROLS

PART 1 GENERAL

1.1 SUMMARY

This Section includes requirements for preventing and controlling environmental pollution and minimizing environmental impacts to the site and surroundings during the work. The control of environmental pollution requires consideration of sound levels, air, water, and land resources;

the proper management and use of petroleum products and hazardous materials; and the disposal of solid and hazardous wastes. Conform to all applicable Oregon and Washington state regulations.

1.2 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2024) Safety -- Safety and Occupational Health (SOH) Requirements

U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)

EPA 800-R-11-002 (2011) Environmentally Acceptable Lubricants

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

29 CFR 1910.120 Hazardous Waste Operations and Emergency Response

29 CFR 1926.52 Occupational Noise Exposure

29 CFR 1926.101 Hearing Protection

40 CFR 112 Oil Pollution Prevention

40 CFR 122.26 Storm Water Discharges (Applicable to State NPDES Programs, see section 123.25)

40 CFR 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 261.7 Residues of Hazardous Waste in Empty Containers

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

SECTION 01 57 19.00 25 Page 4

40 CFR 268 Land Disposal Restrictions

40 CFR 279 Standards for the Management of Used Oil

40 CFR 300 National Oil and Hazardous Substances Pollution Contingency Plan

40 CFR 302 Designation, Reportable Quantities, and Notification

49 CFR 171 General Information, Regulations, and Definitions

49 CFR 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements

49 CFR 173 Shippers - General Requirements for Shipments and Packagings

1.3 DEFINITIONS

1.3.1 Best Management Practices

Best management practices (BMPs) are defined as a practice or combination of practices that have been determined to be the most effective and practicable means of preventing or minimizing water pollution to a level compatible with water quality goals, or protecting natural resources.

1.3.2 Contractor-Generated Hazardous Waste

Contractor-generated hazardous waste is material that, if abandoned or disposed, may meet the definition of a hazardous waste. Typically, these waste streams are brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene), waste thinners, excess paints, excess solvents, waste solvents, excess pesticides, and contaminated pesticide equipment rinse water. The cleanup of Contractor spills of hazardous materials or petroleum products may also result in the generation of Contractor-generated hazardous waste.

1.3.3 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents that adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to humankind; or degrade the environment aesthetically, culturally or historically.

1.3.4 Environmental Protection

Environmental protection is the prevention and control of pollution and habitat disruption that may occur to the environment during construction.

The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and

SECTION 01 57 19.00 25 Page 5 liquid waste; radiant energy and radioactive material as well as other pollutants.

1.3.5 Hazardous Debris

Hazardous debris is debris that contains listed hazardous waste (either on the debris surface, or in its interstices, such as pore structure) in accordance with 40 CFR 261 . Hazardous debris also includes debris that exhibits a characteristic of hazardous waste in accordance with 40 CFR 261 .

1.3.6 Hazardous Materials

a. Hazardous materials as defined in 49 CFR 171 and listed in

49 CFR 172 .

b. Hazardous material is any material that: Is regulated as a hazardous material in accordance with 49 CFR 173 ; or requires a Safety Data Sheet (SDS) in accordance with 29 CFR 1910.120 ; or during end use, treatment, handling, packaging, storage, transportation, or disposal meets or has components that meet or have potential to meet the definition of a hazardous waste as defined by 40 CFR 261 Subparts A, B, C, or D. Designation of a material by this definition, when separately regulated or controlled by other sections or directives, does not eliminate the need for adherence to that hazard-specific guidance which takes precedence over this Section for "control" purposes. Such material includes ammunition, weapons, explosive actuated devices, propellants, pyrotechnics, chemical and biological warfare materials, medical and pharmaceutical supplies, medical waste and infectious materials, bulk fuels, radioactive materials, and other materials such as asbestos, mercury, and polychlorinated biphenyls (PCBs).

1.3.7 Hazardous Waste

Hazardous Waste is any material that meets the definition of a solid waste and exhibits a hazardous characteristic (ignitability, corrosivity, reactivity, or toxicity) as specified in 40 CFR 261 , Subpart C; is listed in 40 CFR 261 , Subpart D; or is a mixture of a solid waste and one or more hazardous wastes listed in 40 CFR 261 , Subpart D.

1.3.8 National Pollutant Discharge Elimination System (NPDES)

The NPDES permit program controls water pollution by regulating point sources, including stormwater discharges from construction activity generally disturbing 1 acre or more of land, that discharge pollutants into waters of the United States. In the State of Washington, the U.S.

Environmental Protection Agency (EPA) is authorized to administer the NPDES permit program and issue permits, including the construction stormwater general permit, to federally-owned facilities and federal operators which include contractors performing construction activity for any federal agency

1.3.9 Oily Waste

a. Oily wastes are those materials that are, or were, mixed with petroleum, oil, and lubricant (POL) product and have become separated from the POL. Oily wastes also means materials, including wastewaters, centrifuge solids, filter residues or sludges, bottom sediments, tank bottoms, and sorbents which have come into contact

SECTION 01 57 19.00 25 Page 6 with and have been contaminated by, POLs and may be appropriately tested and discarded in a manner which is in compliance with other state and local requirements.

b. This definition includes materials such as oily rags, "kitty litter" sorbent clay and organic sorbent material. These materials may be land filled provided that: It is not prohibited in other state regulations or local ordinances; the amount generated is "de minimis" (a small amount); it is the result of minor leaks or spills resulting from normal process operations; and free-flowing oil has been removed to the practicable extent possible. Large quantities of this material, generated as a result of a major spill or in lieu of proper maintenance of the processing equipment, are a solid waste. As a solid waste, perform a hazardous waste determination prior to disposal. As this can be an expensive process, it is recommended that this type of waste be minimized through good housekeeping practices and employee education.

1.3.10 Petroleum, Oil, Lubricant(POL)

POL products include flammable or combustible liquids, such as gasoline, diesel, lubricating oil, used engine oil, hydraulic oil, mineral oil, and cooking oil.

1.3.11 Regulated Waste

Regulated waste are solid wastes that have specific additional Federal, State, or local requirements for handling, storage, or disposal.

1.3.12 Sediment

Sediment is soil and other debris that has eroded and been transported by runoff water or wind.

1.3.13 Solid Waste

Solid waste is a solid, liquid, semi-solid or contained gaseous waste. A solid waste can be a hazardous waste, non-hazardous waste, or non-Resource Conservation and Recovery Act (RCRA) regulated waste. Types of solid waste typically generated at construction sites may include:

1.3.13.1 Construction Debris

Construction debris is non-hazardous solid material generated during the construction, demolition, or renovation of a structure that exceeds 2.5 inch particle size and is: a manufactured object; plant or animal matter;

or natural geologic material (for example, cobbles and boulders), broken or removed concrete, masonry, rebar, and aggregate asphalt paving;

ceramics; roofing paper and shingles. Inert materials may not be reinforced with or contain ferrous wire, rods, accessories and weldments.

A mixture of debris and other material such as soil or sludge is also subject to regulation as debris if the mixture is comprised primarily of debris by volume, based on visual inspection.

1.3.13.2 Green Waste

Green waste is the vegetative matter from landscaping, land clearing and grubbing, including, but not limited to, grass, bushes, scrubs, small trees and saplings, tree stumps and plant roots. Marketable trees, SECTION 01 57 19.00 25 Page 7 grasses and plants that are indicated to remain, be re-located, or be re-used are not included.

1.3.13.3 Non-Hazardous Waste

Non-hazardous waste is waste that is excluded from, or does not meet, hazardous waste criteria in accordance with 40 CFR 261 .

1.3.13.4 Recyclables

Recyclables are materials, equipment and assemblies such as metal parts, wiring, insulated and non-insulated copper wire cable, wire rope, and structural components. It also includes clean polyethylene terephthalate bottles, cooking oil, used fuel oil, textiles, high-grade paper products and corrugated cardboard, stackable pallets in good condition, clean crating material, and clean rubber or vehicle tires. Metal containing lead or lead-based paint may be included as recyclable if sold to a scrap metal company with full disclosure of the presence of lead or other metal contaminants. Paint cans that meet the definition of empty containers in accordance with 40 CFR 261.7 may be included as recyclable if sold to a scrap metal company.

1.3.13.5 Scrap Metal

This includes scrap and excess ferrous and non-ferrous metals such as reinforcing steel, structural shapes, pipe, and wire that are recovered or collected and managed as scrap. Scrap metal meeting the definition of hazardous material or hazardous waste is not included.

1.3.13.6 Wood

Wood is dimension and non-dimension lumber, plywood, chipboard, hardboard. Treated or painted wood that contains lead or lead-based paint is potentially hazardous waste subject to a waste determination. Treated wood includes, but is not limited to, lumber, utility poles, crossties, and other wood products with chemical treatment. Treated wood is not anticipated to be encountered at this site.

1.3.14 Surface Discharge

Surface discharge means discharge of water into drainage ditches, storm sewers, creeks or "waters of the United States". Surface discharges are discrete, identifiable sources and require a permit from the governing agency. Comply with Federal, State, and local laws and regulations.

1.3.15 Stormwater

Stormwater means any portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, or other features of a stormwater drainage system into a defined surface waterbody, or a constructed stormwater management facility.

1.3.16 Wastewater

Wastewater is any water used or generated during construction, including groundwater, that contains contaminants, pollutants, or hazardous substances and that must be managed to prevent discharge to waters of the United States or waters of the State.

SECTION 01 57 19.00 25 Page 8

1.3.17 Waters of the United States

Waters of the United States means Federal-jurisdictional waters, including wetlands, that are subject to regulation under Section 404 of the Clean Water Act or navigable waters, as defined under the Rivers and Harbors Act.

1.3.18 Wetlands

Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

1.4 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for Contractor Quality Control approval. Submit the following in accordance with Section 01 33 00 , SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Preconstruction Environmental Survey ; G

Environmental Protection Plan ; G

Stormwater Pollution Prevention Plan (SWPPP) ; G

Application For NPDES Permit ; G

Marine Mammal Observers And Qualified Consultant Qualifications ; G

SD-06 Test Reports

Marine Mammal Observation Sheet ; G

Turbidity Monitoring Report Forms ; G

Inspection Reports ; G

SWPPP Modifications ; G

SD-11 Closeout Submittals

Environmental Records Binder ; G

Stormwater Notice Of Termination ; G

1.5 ENVIRONMENTAL PROTECTION REQUIREMENTS

a. Provide and maintain, during the life of the Contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during construction practice. Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Protect the environmental resources within the project boundaries and those affected outside the limits of permanent work during the entire duration of this Contract. Comply

SECTION 01 57 19.00 25 Page 9 with Federal, State, and local regulations pertaining to the environment, including water, air, solid waste, hazardous waste and substances, oily substances, and noise pollution.

b. Tests and procedures assessing whether construction operations comply with Applicable Environmental Laws may be required. Analytical work must be performed by qualified laboratories; and where required by law, the laboratories must be certified.

1.6 SPECIAL ENVIRONMENTAL REQUIREMENTS

Comply with the special environmental requirements listed below and attached to these Specifications.

1.6.1 General Requirements

a. Do not allow construction equipment to enter any shoreline body of water, except as approved by the Contracting Officer (CO).

b. Vegetation along the water must be left in its natural condition unless approved by the CO.

c. Implement measures to ensure that waste material and foreign matter do not enter the water.

d. Implement spill prevention measures during fueling and refueling of vehicles and equipment. All fuel and chemicals must be kept, stored, handled, and used in a manner that prevents discharge into water.

e. Implement sediment and erosion control measures to prevent discharge into waterways and wetlands. Contractor to obtain National Pollution Discharge Elimination System (NPDES) Permit for all ground disturbance work over one acre.

f. Side casting of excess road building materials into wetlands or identified potential wetlands, streams or water is not permitted.

g. Store construction debris above HHW and pick up daily. Water levels can rise significantly and debris can end up in waterway. Store fuel and oil only in approved containers.

h. Notify Government Quality Assurance Representative (GQAR) when cleanup is complete for each work season and schedule joint walk-through of all work areas to verify cleanup is complete.

i. Creosote or other treated timber is not anticipated to be encountered. If encountered, leave creosote or other treated timber in place and contact the CO.

j. Obtain National Pollution Discharge Elimination System (NPDES) Permit for all ground disturbance work over one acre.

k. Marine Mammal Observers And Qualified Consultant Qualifications.

All Marine Mammal Observers (MMO) must meet qualifications as described in Incidental Harassment Authorization (Attachment A5).

Submit resumes for Government review prior to mobilization.

SECTION 01 57 19.00 25 Page 10

1.6.2 Heavy Equipment

For heavy equipment requirements refer to Paragraph USE OF HEAVY EQUIPMENT, this Section.

1.6.3 Environmental Compliance

a. Comply with the requirements listed in the Water Quality Certification approved by the Washington State Department of Ecology (Attachment A6) including turbidity monitoring. Attach the turbidity monitoring report forms to the Daily Quality Control reports.

b. Comply with the requirements listed in the Incidental Harassment Authorization (IHA) (Attachment A5) and Paragraph "Marine Mammals" for marine mammal monitoring.

c. Comply with applicable restrictions and requirements of applicable Clean Water Act Section 404 permit.

1.6.4 Full Restoration of Disturbed Upland Properties

All upland properties that cannot be avoided and are disturbed by construction activities must be restored to pre-construction conditions.

Pre-construction conditions are based upon survey and documentation of upland areas to be conducted prior to the start of onsite construction activities. Monitoring for attainment of success is a component of full restoration.

1.7 QUALITY CONTROL

1.7.1 Preconstruction Environmental Survey and Protection of Features

This Paragraph supplements the Contract Clause 52.236-9, PROTECTION OF

EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS.

a. Prior to start of any onsite, ground disturbing, construction activities, perform a Preconstruction Environmental Survey of the project site with the CO, and take photographs showing existing environmental conditions in and adjacent to the site as described in Paragraph titled DOCUMENTATION OF ENVIRONMENTAL CONDITIONS. Include photographs of all typical vegetation at sites planned for disturbance such as grassland, wetland, and forest. These photographs will be used as reference for sites planned for revegetation. Photographs must adequately reflect "foliar densities" at pre-construction conditions.

b. Submit the Preconstruction Survey Report to the CO for review and approval. The report must include a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs and grassed areas immediately adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. Include photographs in the report.

c. Flag the boundaries of clearing limits associated with site access and construction work to minimize soil and vegetation disturbances and ensure that all temporary erosion controls are in place and functional prior to initiating work at the site.

SECTION 01 57 19.00 25 Page 11

d. Protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference that their preservation may cause to the work under the Contract.

1.7.2 Environmental Coordination Meeting

a. Prior to initiating any work on site, meet with the CO to discuss the proposed Environmental Protection Plan (EPP). Develop a mutual understanding relative to the details of environmental protection, including measures for protecting natural and cultural resources, required reports, required permits, permit requirements (such as mitigation measures), and other measures to be taken.

b. Provide the following information: types, quantities, and use of hazardous materials that will be brought onto the project site; and types and quantities of wastes and wastewater that may be generated during the Contract. Discuss the results of the Preconstruction Survey at this time.

1.7.3 Non-Compliance Notifications

The CO will notify the Contractor in writing of any observed noncompliance with federal, state or local environmental laws or regulations, permits, and other elements of the Contractor's EPP. After receipt of such notice, inform the CO of the proposed corrective action and take such action when approved by the CO. The CO may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or equitable adjustments allowed for any such suspensions. This is in addition to any other actions the CO may take under the Contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

1.8 ENVIRONMENTAL PROTECTION PLAN

a. The purpose of the EPP is to present an overview of known or potential environmental issues that must be considered and addressed during construction. Submit the EPP 15 days before the Environmental Coordination meeting. Revise the EPP throughout the project to include any reporting requirements, changes in site conditions, or Contract modifications that change the project scope of work in a way that could have an environmental impact. No requirement in this Section will relieve the Contractor of any applicable Federal, State, and local environmental protection laws and regulations. During Construction, identify, implement, and submit for approval any Additional Environmental Protection Plan Requirements to be included in the EPP. Maintain the current version onsite.

b. The EPP must include the following elements:

1.8.1 Regulatory Notification and Permits

List all notifications and permit applications that must be made by the Contractor as required by this Section, if any. Demonstrate that those permits have been obtained or applied for by including copies of applicable environmental permits. The EPP will not be approved until the permits have been obtained.

SECTION 01 57 19.00 25 Page 12

1.8.2 General Overview and Purpose

A brief description of each Contractor-prepared specific plan required by applicable environmental permit or elsewhere in this Contract such as Stormwater Pollution Prevention Plan, Spill Prevention and Control Plan, and Solid Waste Management Plan.

1.8.2.1 Procedures

A copy of any standard or project-specific operating procedures that will be used to effectively manage and protect the environment on the project site.

1.8.2.2 Communications

Communication and training procedures that will be used to convey environmental management requirements to Contractor employees and subcontractors.

1.8.3 General Site Information

1.8.3.1 Drawings

Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, jurisdictional wetlands and proposed wetland protection, material storage areas, Contractor staging areas, structures, sanitary facilities, storm drains and conveyances, and stockpiles of excess soil.

1.8.3.2 Work Areas

Include in the EPP a work area plan showing the proposed activity in each portion of the area and identify the areas of limited use or nonuse.Include measures for marking the limits of use areas, including methods for protection of features to be preserved within authorized work areas and methods to control runoff and to contain materials on site.

1.8.4 Documentation of Environmental Conditions

Describe existing conditions and identify procedures to be implemented to ensure protection of existing environmental conditions for the following categories as applicable:

a. Protection of Natural Resources

b. Surface Water

c. Stormwater

d. Cultural Resources

e. Air Resources

f. Waste Minimization

g. Waste Management and Disposal

h. Hazardous Material Management

SECTION 01 57 19.00 25 Page 13

i. Petroleum, Oil, Lubricant (POL) Storage and Fueling

1.8.5 Protection of the Environment from Waste Derived from Contractor Operations

If hazardous wastes are anticipated to be generated, identify and describe the procedures to be implemented for the management and disposal of hazardous waste and debris. At a minimum, include the following:

a. List of the types of hazardous wastes expected to be generated

b. Procedures to ensure a written waste determination is made for appropriate wastes that are to be generated

c. Sampling/analysis plan, including laboratory method(s) that will be used for waste determinations and copies of relevant laboratory certifications

d. Methods and proposed locations for hazardous waste accumulation/storage (that is, in tanks or containers)

e. Management procedures for storage, labeling, transportation, and disposal of waste (treatment of waste is not allowed unless specifically noted)

f. Management procedures and regulatory documentation ensuring disposal of hazardous waste complies with Land Disposal Restrictions

( 40 CFR 268 )

g. Management procedures for recyclable hazardous materials such as lead-acid batteries, used oil, and similar

h. Used oil management procedures in accordance with 40 CFR 279

i. Hazardous waste minimization procedures

j. Plans for the disposal of hazardous waste at permitted facilities

1.8.6 Spill Prevention and Control Plan

The EPP must include a Spill Prevention and Control Plan. Include in the Spill Prevention and Control Plan the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 112 and 40 CFR 302 , and regulated under State or local laws and regulations. The Spill Prevention and Control Plan supplements the requirements of EM 385-1-1 . This plan must include as a minimum:

a. Measures to be implemented to prevent spills of petroleum products and hazardous substances to the environment.

b. Name of the individual who reports any spills or hazardous substance releases and follows up with complete documentation. This individual must immediately notify the CO and Facility Response Personnel in addition to the legally required Federal, State, and local reporting channels (including the National Response Center (NRC) 1-800-424-8802) if a reportable quantity is released to the environment.

(1) The plan must contain a list of the required reporting

SECTION 01 57 19.00 25 Page 14 channels and telephone numbers.

(2) The 24-hour spill notification telephone numbers including NRC, County, and local police and Emergency Response organization as appropriate and required. The plan must include 24-hour emergency number for the Government Quality Assurance Representative (GQAR), Project Engineer, and Resident Engineer.

For spills on land in the State of Washington, also notify the Washington Emergency Management Division and the Southwest Regional Office of the Washington Department of Ecology. For spills into the Columbia River, in addition to NRC, notify the Oregon Emergency Response System (OERS) and the State of Washington Emergency Management Division and the Southwest Regional Office of the Washington Department of Ecology.

c. Name(s) and qualifications of the individual(s) responsible for implementing and supervising the containment and cleanup.

d. Training requirements for Contractor's personnel and methods of accomplishing the training.

e. List of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified. For all work in or adjacent to water, a 200-foot-long minimum containment boom, skimming equipment, and a cleanup kit must be available at the job-site. To determine the number of required floating plants, consider the logistics, and time required to begin containment and cleanup of a spill accessibility, number of remote work areas, number, and location of floating plants on the river,etc.

Materials and equipment for other cleanup work must be tailored to the potential hazards involved.

f. Names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup restoration, and material-placement equipment available in case of an unforeseen spill emergency.

g. Methods and procedures to be used for expeditious contaminant cleanup.

h. Include a hazardous material Spill Emergency Initial Report Form, similar to Attachment A4. Ensure that all of the elements shown on the sample form are provided and submitted within 24 hours of a spill.

1.8.7 Clean Air Act Compliance

1.8.7.1 Pollution Generating Equipment

Identify air pollution generating equipment or processes that may require Federal, State, or local permits under the Clean Air Act.

1.8.7.2 Compliant Materials

Provide the Government a list of Safety Data Sheets (SDSs) for all hazardous materials proposed for use on site. Include estimated quantities for each hazardous material anticipated to be brought onto the site by the Contractor. Describe how the hazardous material will be used and why it is required for performance of this Contract. Materials must be compliant with all Clean Air Act regulations for emissions including

SECTION 01 57 19.00 25 Page 15 solvent and volatile organic compound contents, and applicable National Emission Standards for Hazardous Air Pollutants requirements.

1.9 ENVIRONMENTAL RECORDS BINDER

a. Create and maintain a three ring binder of documents that demonstrate compliance with the environmental permits in this Contract. The binder must include, but is not limited to the following items:

(1) Final SWWWP: Include a copy of the final SWPPP including modifications, inspection reports and related corrective action records, copies of correspondence with EPA, and a copy of the permit Notice of Termination. Records must indicate when the SWPPP was reviewed and updated to meet changing onsite conditions.

(2) Training records

(3) Relevant environmental permits

(4) Waste Determination Documentation

(5) Solid Waste Management Report

(6) Hazardous Waste/Debris Management Report

b. Maintain the binder on-site and submit to the CO at the completion of the project. The binder must be available for review at all times.

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

Obtain all permits and licenses required for this project as stated in this Section. Provide an electronic copy of each permit or license obtained by the Contractor to the Government. Comply with all applicable environmental permits and commitments required by Federal, State, regional, and local environmental laws and regulations.

3.2 PROTECTION OF NATURAL RESOURCES

Minimize interference with, disturbance to, and damage to fish, wildlife, and plants, including habitats. The protection of rare, threatened, and endangered animal and plant species identified, including their habitats, is the Contractor's responsibility.

3.2.1 Marine Mammals

The Government has obtained the Incidental Harassment Authorization (IHA) from National Marine Fisheries Service (NMFS) (Attachment A5). A copy of the IHA must be in possession of Contractor and Protected Species Observers operating under the authority of the IHA. Implement mitigation measures, as well as monitoring and reporting requirements, as stated in the IHA.

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3.2.1.1 Pile Installation Requirements

a. Conduct pile driving only during daylight hours from sunrise to sunset when it is possible to visually monitor marine mammals.

b. If the shutdown zone is obscured by fog or poor lighting conditions, pile driving must not be initiated until the entire shutdown zone is visible.

c. Pile dike piles and marker piles will be installed vibratory method until refusal. Impact hammer may be used to meet final depth. Material off load Facility (MOF) piles/ sheet piles will be installed with vibratory methods only. Bubble curtains are required for impact installation of pile.

d. Piles must be steel, untreated wood, or other approved material.

e. Piles may be installed between 1-Nov and 28-Feb with the following exceptions:

(1)PD 68.35 may only be installed in 1-Nov to 1-Dec due to IHA restrictions.

(2)PD 71.17 pile installation must conform to the United States Fish and Wildlife Service (USFWS) guidelines for construction activities near bald eagle nests due to active nest in the vicinity.

f. For all pile driving, a shutdown and disturbance zone must be monitored.

(1) Monitoring must take place from 30 minutes prior to initiation through 30 minutes post-completion of pile driving.

(2) The shutdown zone for all species must be as listed in Table 2 of the IHA.

(3) Monitor the entirety of the underwater disturbance zone observable by binoculars as required in attached IHA (Attachment A5).

g. If a marine mammal is entering or is observed within an established shutdown zone, pile driving must be halted or delayed. Pile driving must not commence or resume until either the animal has voluntarily left and been visually confirmed beyond the shutdown zone; 15 minutes have passed without subsequent detections of small cetaceans and pinnipeds; or 30 minutes have passed without subsequent detections of large cetaceans.

h. When a marine mammal is observed in the Level B Zone of Influence (ZOI), but not approaching or entering the shutdown zone, a "take" must be recorded and work may proceed without cessation. Marine mammal behavior must be monitored and documented on the marine mammal observation sheet .

i. For in-water heavy machinery work other than pile driving (e.g., standard barges, tug boats, barge-mounted excavators, or clamshell equipment used to place or remove material), if a marine mammal comes within distance as specified in the Incidental Harassment

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Authorization (IHA) (Attachment A5), operations must cease and vessels must reduce speed to the minimum level required to maintain steerage and safe working conditions. This type of work could include the following activities:

(1) movement of the barge to the pile location or

(2) positioning of the pile on the substrate via a crane (i.e., stabbing the pile).

j. Marine Mammal Harassment is limited to species and types allowed in the attached IHA (Attachment A5). See Tables 1 and 2 of IHA for take authorized. For any marine mammal species encountered during activities that are not listed for authorized taking and are likely to be exposed to sound pressure levels (SPLs) greater than or equal to pressure levels as specified in the Incidental Harassment Authorization (IHA) (Attachment A5) by being in the ZOI, or if the number of individuals exposed to Level A is likely to exceed the allowable take numbers, then the Contractor must stop pile driving activities.

k. Install pile caps to prevent birds from perching on piles. Install caps in the same season as the pile install.

l. In the unanticipated event that the specified activity clearly causes the take of a marine mammal in a manner prohibited by the IH, such as an injury (Level A harassment), serious injury or mortality (e.g., ship-strike, gear interaction, and/or entanglement), immediately cease the specified activities and immediately report the incident to the CO. Include the information indicated in the reporting form and listed in the IHA. The Contractor must not resume their activities until notified by the CO. If level A or B take is exceeded, or if a species without allowable take enters the level A or B take zone for that species, all pile driving work must cease and Contractor must notify the CO.

m. In the event that there is a discovery of an injured or dead marine mammal, and the lead PSO determines that the cause of the injury or death is unknown and the death is relatively recent (i.e., in less than a moderate state of decomposition as described in Paragraph DUTIES, Item h.), immediately notify the CO. The report must include the same information identified in the paragraph above. Activities may continue while NMFS reviews the circumstances of the incident. The CO will notify the Contractor if modifications in activities are needed as a result of the NMFS review.

n. Mammals encountered during pile driving actions that are not listed in the IHA/LOA must be documented. If the PSO recognizes the mammal encountered is a listed endangered species, shut down operations and follow procedures described in Paragraph PILE INSTALLATION REQUIREMENTS, Item h.

3.2.2 Wetlands

a. Avoid impacts to all wetlands or potential wetlands within or near the project area except as noted in the plans. Where the project work area boundary is near or adjacent to wetlands, maintain a 50 foot buffer around the all wetlands or potential wetlands perimeter by installing a double line of silt fence as shown on the Drawings.

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Install the first line of silt fence along the edge of the all wetlands or potential wetlands and the second line of silt fence at least 50 feet back from the edge to create a visually-delineated buffer zone. All construction activities are prohibited within the buffer zone. The Contractor is responsible for maintenance of the silt fence throughout the project duration.

b. Along haul roads and within the project work area boundary where a 50 foot setback from the all wetlands or potential wetlands perimeter is not available, maintain a minimum 5 foot setback and install hardened wetland protection to create a buffer zone. Install silt fence along the edge of the all wetlands or potential wetlands and install the hardened wetland protection at least 5 feet back from the edge. Concrete jersey barriers are recommended for hardened wetland protection, but other physical barriers can be used, subject to Contracting Officer's approval. Place the hardened wetland protection on a compact and level surface. Limit the spacing between the individual hardened wetland protection elements so that vehicles, equipment, or personnel are physically prevented from entering the buffer zone. The Contractor is responsible for maintenance of the silt fence and hardened all wetlands or potential wetlands protection throughout the project duration.

3.2.3 Nesting Birds

a. Avoid all active bald eagle, heron, and streaked horned lark nesting areas during nesting season as shown on the Drawings.

b. Work must be performed in accordance with the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). Currently there is one known at 46.061839° x -122.878520°. The Contractor shall not engage in any activity that causes, or is likely to cause, injury to an eagle, substantial interference with normal breeding, feeding, or sheltering behavior, or cause nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior. Therefore, the Contractor shall:

(1) Perform all work in accordance with the USFWS May 2007 National Bald Eagle Management Guidelines.

(2) Consider all nests identified as active nests for the purposes of work performed under this contract.

(3) The bald eagle nesting season in the work area is 1-JAN through 30-AUG.

(4) In accordance with the USWFS 2007 Guidelines the following activity limitations will be observed during the nesting season:

(a) Terrestrial Construction within 330 feet of known bald eagle nests if the activity is not visible from the nest.

(b) Terrestrial Construction within 660 feet if the activity is visible from the nest.

(c) Vehicle Use within 330 feet of bald eagle nests.

(d) Pile driving within ½ mile 660 feet of a bald eagle nest.

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(5) Report any dead or injured bald eagles found during operation to CO and USFWS.

c. The nesting season for herons is March through August. If heron nests are present, the no-work zone is 0.5 mile radius for all work.

d. The nesting season for streaked horned larks in 1 April through 31 August. The following work restrictions apply:

(1) During the nesting season no construction work, equipment use or vehicle entry is allowed in areas identified as streaked horned lark optimal or early nesting habitat as shown on Drawing CS103.

(2) During the nesting season no pile driving at Pile Dikes 68.35 through 69.79 and Pile Dike 71.87.

(3) During the nesting season pile driving may occur from Pile Dikes 70.07 to 71.51 but work must start first at Pile Dike 71.51 before 70.07 so that the birds can acclimate to the noise.

(4) Limit land clearing within identified streaked horned lark nesting areas to the minimal amount needed to perform work.

(5) Equipment stored or staged on the island during streaked horned lark nesting season must be outside of nesting areas shown on plan sheet CS103.

(6) Any materials stored in or near streaked horned lark nesting areas to be placed or removed prior to the nesting season.

(7) Regrade areas disturbed within optimal streaked horned lark area at the end of each work season.

(8) The locations of streaked horned lark nesting sites are expected to change over the course of the construction project.

The Government will provide updated nesting site locations in May of each year of construction. Use of the staging area must incorporate updated nesting site maps.

e. Annual bald eagle nest surveys will be conducted by the Government every spring near the work areas. If construction activities are impacted by the outcome of the surveys, the Contract will be modified accordingly to reflect impacts resulting from the surveys.

3.3 USE OF HEAVY EQUIPMENT

a. Heavy equipment must be selected and operated so as to minimize adverse effects on the environment such as use of minimally-sized, low pressure tires, minimal hard turn paths for tracked vehicles, temporary mats or plates within wet areas or sensitive soils. No work outside of designated work areas, no work in or placement of material into potential or identified wetlands. Work within proximity of marine mammals must be performed in accordance with NMFS IHA permit.

b. All vehicles and other heavy equipment must be used as follows:

(1) Stored, fueled and maintained in a vehicle staging area placed 150 feet or more from any waterbody and above the MHHW line.

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(2) Equipment to be inspected for leaks prior to arrival on site and at least once per shift for oil leaks. Equipment determined to be leaking shall be removed from service and leaks contained to prevent spills. Leaking equipment must be repaired before returning to service or removed from site.

(3) Steam-cleaned before operation below ordinary high water, and as often as necessary during operation to remain free of all external oil, grease, mud, seeds, organisms and other visible contaminants.

(4) Generators, cranes and any other stationary equipment operated within 150 feet of any waterbody will be maintained and protected as necessary to prevent leaks and spills from entering the water.

Place drip pans underneath all stationary equipment.

3.4 STORMWATER POLLUTION PREVENTION

Erosion and sediment control, including stormwater pollution prevention measures, must be provided for the work site regardless of the ground disturbance area. If the total acreage of ground disturbance from clearing, grading, and excavation is estimated to be one acre or more, prepare and submit a Stormwater Pollution Prevention Plan (SWPPP) and apply for a Construction Stormwater General Permit (CSWGP) from the Washington EPA. If the Contractor can demonstrate that the total ground disturbance area from their activities will be less than one acre, then the Contractor is only required to prepare and implement a SWPPP.

3.4.1 Stormwater Pollution Prevention Plan

Regardless of the size of the ground disturbance area, the Contractor must prepare and implement a draft SWPPP to the CO for review, at least 30 days prior to the commencement of work. The SWPPP must describe the types and locations of best management practices (BMPs) to be implemented during all construction activities to minimize soil erosion and prevent sediment from entering streams or water bodies. The BMPs must be consistent with EPAs Stormwater Management Manual for Western Washington.

a. The SWPPP must meet the requirements of 40 CFR 122.26 and the EPA CSWGP for stormwater discharges from construction sites.

b. The SWPPP must include practices to minimize erosion and sedimentation associated with all aspects of the project (e.g., staging areas, stockpiles, grading; to prevent construction debris from dropping or otherwise entering any stream or waterbody; and to prevent and control hazardous material spills.

c. Include in the SWPPP an inspection program that includes a list of the BMPs to be inspected, frequency of inspections, and corrective actions to be taken if BMPs are deficient.

d. Update or modify the SWPPP as needed to represent actual BMPs being used on the site and include the type and location of the erosion and sediment controls being used. Submit the SWPPP Modifications to the CO for review and approval.

e. Maintain an approved copy of the SWPPP at the onsite construction office in the Environmental Records Binder, and continually update as regulations require and reflecting current site conditions and actual

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BMPs being used.

3.4.2 Construction Stormwater General Permit

Comply with the requirements of this subpart if the total acreage of ground disturbance from construction activities is estimated to be one acre or more.

3.4.2.1 Stormwater Permit Application for Construction Activities

a. Prepare and submit as the primary permittee, a draft new Application for NPDES Permit (Construction Stormwater General Permit) for stormwater discharges to the CO for review and approval. Submit the approved draft application, supporting information, and appropriate fees to the Ecology.