01 57 20.00 10 Am-0001.pdf

Lower Brule N Ecosystem Restoration Proj Element 2 Big BendDam SD BB00107

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

1.2.2 Environmental Protection

1.2.3 Contractor Generated Hazardous Waste

1.2.4 Land Application for Discharge Water

1.2.5 Pesticide

1.2.6 Pests

1.2.7 Surface Discharge

1.2.8 Waters of the United States

1.2.9 Wetlands

1.2.10 Prevention of Unauthorized Discharges

1.3 GENERAL REQUIREMENTS

1.4 SUBCONTRACTORS

1.5 PAYMENT

1.6 SUBMITTALS

1.7 ENVIRONMENTAL COORDINATION, PERMITS, NOTICES, REVIEWS AND/OR

APPROVALS

1.7.1 PERMITS, NOTICES, REVIEWS, AND/OR APPROVALS

1.7.1.1 NPDES Permit for South Dakota Construction Activities

1.8 ENVIRONMENTAL PROTECTION PLAN

1.8.1 Compliance

1.8.2 Contents

1.8.3 Appendix

1.9 Sediment and Turbidity Control Plan

1.10 Site Photo-Documentation Report

1.11 PROTECTION FEATURES

1.12 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.13 NOTIFICATION

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 LAND RESOURCES

3.1.1 Work Area Limits

3.1.2 Landscape

3.1.3 Erosion and Sediment Controls

3.1.4 Contractor Facilities and Work Areas

3.2 WATER RESOURCES

3.2.1 Cofferdams, Diversions, and Dewatering Operations

3.2.2 Stream Crossings

3.2.3 Wetlands

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3.3 AIR RESOURCES

3.3.1 Particulates

3.3.2 Odors

3.3.3 Sound Intrusions

3.3.4 Burning

3.4 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.4.1 Solid Wastes

3.4.2 Chemicals and Chemical Wastes

3.4.3 Contractor Generated Hazardous Wastes/Excess Hazardous

Materials

3.4.4 Fuel and Lubricants

3.4.5 Waste Water

3.5 RECYCLING AND WASTE MINIMIZATION

3.6 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.7 BIOLOGICAL RESOURCES

3.7.1 Endangered/Threatened Species

3.7.1.1 Northern Long-Eared Bat

3.7.1.2 Pallid Sturgeon

3.7.1.3 Whooping Crane

3.7.2 Migratory Bird Treaty Act

3.7.2.1 Bald Eagles

3.8 INTEGRATED PEST MANAGEMENT

3.8.1 Pesticide Delivery and Storage

3.8.2 Qualifications

3.8.3 Pesticide Handling Requirements

3.8.4 Application

3.9 PREVIOUSLY USED EQUIPMENT

3.10 MAINTENANCE OF POLLUTION FACILITIES

3.11 TRAINING OF CONTRACTOR PERSONNEL

3.12 POST PERFORMANCE CLEANUP

ATTACHMENTS:

Zebra Mussel Requirement

-- End of Section Table of Contents --

SECTION 01 57 20.00 10 Page 2

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

Attachments:

Zebra Mussel Requirement

1.1 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 (DA)

DA AR 200-1 (1985) Code of Federal Regulations:

Environmental Protection And Enhancement

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2024) Safety -- Safety and Health Requirements Manual

WETLAND MANUAL Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1

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

33 CFR 328 Definitions of Waters of the United States

40 CFR 150 - 189 Pesticide Programs

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 68 Chemical Accident Prevention Provisions

49 CFR 171 - 178 Hazardous Materials Regulations

SECTION 01 57 20.00 10 Page 3

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which 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 and/or historically.

1.2.2 Environmental Protection

Environmental protection is the prevention/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 liquid waste; radiant energy and radioactive material as well as other pollutants.

1.2.3 Contractor Generated Hazardous Waste

Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material 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 etc.), waste thinners,excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water.

1.2.4 Land Application for Discharge Water

The term "Land Application" for discharge water implies that the Contractor must discharge water at a rate which allows the water to percolate into the soil. No sheeting action, soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the "waters of the United States" must occur. Land Application must be in compliance with all applicable Federal, State, and local laws and regulations.

1.2.5 Pesticide

Pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant.

1.2.6 Pests

The term "pests" means arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds and other organisms (except for human or animal disease-causing organisms) that adversely affect readiness, military operations, or the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable.

1.2.7 Surface Discharge

The term "Surface Discharge" implies that the water is discharged with

SECTION 01 57 20.00 10 Page 4 possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers,creeks, and/or "waters of the United States" and would require a permit to discharge water from the governing agency.

1.2.8 Waters of the United States

All waters which are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328 , as amended.

1.2.9 Wetlands

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. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with WETLAND MANUAL.

1.2.10 Prevention of Unauthorized Discharges

The Contractor shall not allow sediment, debris, silt, sand, cement, concrete, oil or petroleum, organic materials, or other construction debris or wastes to enter or be stored within 50 feet of where it may enter waters of the United States, unless specific in the project plan and design drawings developed by the USACE. *Am-1 The Contractor shall submit final design drawings to the EPA Region 8 (R8CWA401@epa.gov) prior to beginning construction activities. Prior to beginning construction activities, the Contractor shall submit final design drawings to the EPA Region 8 (R8CWA401@epa.gov) that identify staging areas and stockpiling of materials and equipment, including locations for containment booms and/or absorbent materials, and/or hazardous materials. **Am-1

1.3 GENERAL REQUIREMENTS

Minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work must be protected during the entire duration of this contract. Comply with all applicable environmental Federal, State, and local laws and regulations. Any delays resulting from failure to comply with environmental laws and regulations will be the Contractor's responsibility.

1.4 SUBCONTRACTORS

Ensure compliance with this section by subcontractors.

1.5 PAYMENT

No separate payment will be made for work covered under this section.

Payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor, and payment of all fines/fees for violation or non-compliance with Federal, State, Regional and local laws and regulations are the Contractor's responsibility. All costs associated with this section must be included in the contract price.

1.6 SUBMITTALS

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

SECTION 01 57 20.00 10 Page 5 submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan

The environmental protection plan.

1.7 ENVIRONMENTAL COORDINATION, PERMITS, NOTICES, REVIEWS AND/OR APPROVALS

The Contractor shall be responsible for contacting the appropriate Federal, State, Regional, and local environmental agencies to identify all required environmental permits (construction and operating), notices, reviews, and approvals required for the project. Once the requirements are identified, the Contractor shall be responsible for coordinating the requirements with the Contracting Officer in regard to implementation for the project. The Contractor shall ensure that all coordination, permits, notices, reviews and/or approvals are completed and submitted with each applicable phase of the design. Prior to construction starting for any phase, the Contractor shall assure that all permits and/or approvals are received and copies are submitted to the Contracting Officer. The Contractor shall be responsible for any contract delays resulting from failure to obtain environmental permits, notices, reviews and/or approvals when required.

1.7.1 PERMITS, NOTICES, REVIEWS, AND/OR APPROVALS

The following is a listing of permits, notices, reviews, and/or approvals which may be required for this project. This listing and requirements are not to be considered all-inclusive by the Contractor, but is provided as information that may be used in successfully accomplishing the environmental compliances.

1.7.1.1 NPDES Permit for South Dakota Construction Activities

If construction activities results in disturbance of 1 acre of land or more (sites that may be smaller than 1 acre but are part of common plan of development are considered to be over 1 acre), coverage under the State of South Dakota Department of Agriculture and Natural Resources' (SDDANR), Authorization to Discharge Under the Surface Water Discharge System Permit #SDR100000 is required. If the current permit is revised by the State of South Dakota to requiring the permit for a project disturbing less than 1 acre, the Contractor shall be responsible for the applying for coverage under the permit. The Contractor shall be responsible for implementing the terms and requirements of the permit and shall be considered the "permittee". The Contractor shall complete and submit a Notice of Intent (NOI) and the Notice of Termination (NOT)in accordance with Permit #SDR100000 and shall be considered the "Facility Operator". The Contractor shall not begin construction until an authorization letter from the State granting coverage for the storm water discharges is received.

The Contractor shall be responsible for posting a copy of the NOI and the authorization letter at the construction site in a prominent place for public viewing. The Contractor shall prepare and implement a Storm Water Pollution Prevention Plan, inspections, and reporting in accordance with the SD#100000. Any temporary or permanent erosion and sedimentation control measures shown on the drawings shall be incorporated into the

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Contractor's Storm Water Pollution Prevention Plan. The Contractor shall be responsible for assuring that their SWPPP is in accordance with Best Management Practices. The Contractor shall retain copies of the storm water pollution prevention plan and all reports in accordance with the permit. All submissions to the State shall be by certified mail. The Contractor shall include copies of all submittals to the State of South Dakota, plans, and reports in the Appendix to the Environmental Protection Plan.

1.8 ENVIRONMENTAL PROTECTION PLAN

Prior to commencing construction activities or delivery of materials to the site, submit an Environmental Protection Plan for review and approval by the Contracting Officer. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction. Issues of concern must be defined within the Environmental Protection Plan as outlined in this section. Address each topic at a level of detail commensurate with the environmental issue and required construction task(s). Topics or issues which are not identified in this section, but are considered necessary, must be identified and discussed after those items formally identified in this section. Prior to submittal of the Environmental Protection Plan, meet with the Contracting Officer for the purpose of discussing the implementation of the initial Environmental Protection Plan; possible subsequent additions and revisions to the plan including any reporting requirements; and methods for administration of the Contractor's Environmental Plans. The Environmental Protection Plan must be current and maintained onsite by the Contractor.

1.8.1 Compliance

No requirement in this Section will relieve the Contractor of any applicable Federal, State, and local environmental protection laws and regulations. During Construction, the Contractor will be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection Plan.

1.8.2 Contents

Include in the environmental protection plan, but not limit it to, the following:

a. Name(s) of person(s) within the Contractor's organization who is(are) responsible for ensuring adherence to the Environmental Protection Plan.

b. Name(s) and qualifications of person(s) responsible for manifesting hazardous waste to be removed from the site, if applicable.

c. Name(s) and qualifications of person(s) responsible for training the Contractor's environmental protection personnel.

d. Description of the Contractor's environmental protection personnel training program.

e. An erosion and sediment control plan which identifies the type and location of the erosion and sediment controls to be provided. The plan must include monitoring and reporting requirements to assure that the control measures are in compliance with the erosion and sediment

SECTION 01 57 20.00 10 Page 7 control plan, Federal, State, and local laws and regulations. A Storm Water Pollution Prevention Plan (SWPPP) may be substituted for this plan.

f. Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials including methods to control runoff and to contain materials on the site.

g. Traffic control plans including measures to reduce erosion of temporary roadbeds by construction traffic, especially during wet weather. Plan shall include measures to minimize the amount of mud transported onto paved public roads by vehicles or runoff.

h. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work areas.

i. Drawing showing the location of borrow areas.

j. Include in the Spill Control plan the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68 , 40 CFR 302 , 40 CFR 355 , and/or regulated under State or Local laws and regulations. The Spill Control Plan supplements the requirements of EM 385-1-1 . Include in this plan, as a minimum:

(1) The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual will immediately notify the Contracting Officer and the local Fire Department in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802) if a reportable quantity is released to the environment. Include in the plan a list of the required reporting channels and telephone numbers.

(2) The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup.

(3) Training requirements for Contractor's personnel and methods of accomplishing the training.

(4) A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified.

(5) The 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.

(6) The methods and procedures to be used for expeditious contaminant cleanup.

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k. A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal including clearing debris and schedules for disposal.

(1) Identify any subcontractors responsible for the transportation and disposal of solid waste. Submit licenses or permits for solid waste disposal sites that are not a commercial operating facility.

(2) Evidence of the disposal facility's acceptance of the solid waste must be attached to this plan during the construction. Attach a copy of each of the Non-hazardous Solid Waste Diversion Reports to the disposal plan. Submit the report for the previous quarter on the first working day after the first quarter that non-hazardous solid waste has been disposed and/or diverted (e.g. the first working day of January, April, July, and October).

(3) Indicate in the report the total amount of waste generated and total amount of waste diverted in cubic yards or tons along with the percent that was diverted.

(4) A recycling and solid waste minimization plan with a list of measures to reduce consumption of energy and natural resources.

Detail in the plan the Contractor's actions to comply with and to participate in Federal, State, Regional, and local government sponsored recycling programs to reduce the volume of solid waste at the source.

l. An air pollution control plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and travel off the project site.

m. A contaminant prevention plan that: identifies potentially hazardous substances to be used on the job site; identifies the intended actions to prevent introduction of such materials into the air, water, or ground; and details provisions for compliance with Federal, State, and local laws and regulations for storage and handling of these materials. In accordance with EM 385-1-1 , a copy of the Safety Data Sheets (SDS) and the maximum quantity of each hazardous material to be onsite at any given time must be included in the contaminant prevention plan. Update the plan as new hazardous materials are brought onsite or removed from the site.

n. A waste water management plan that identifies the methods and procedures for management and/or discharge of waste waters which are directly derived from construction activities, such as concrete curing water, clean-up water, dewatering of groundwater, disinfection water, hydrostatic test water, and water used in flushing of lines. If a settling/retention pond is required, the plan must include the design of the pond including drawings, removal plan, and testing requirements for possible pollutants. If land application will be the method of disposal for the waste water, the plan must include a sketch showing the location for land application along with a description of the pretreatment methods to be implemented. If surface discharge will be the method of disposal, include a copy of the permit and associated documents as an attachment prior to discharging the waste water. If disposal is to a sanitary sewer, the plan must include documentation that the Waste Water Treatment Plant Operator has approved the flow rate, volume, and type of discharge.

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o. A historical, archaeological, cultural resources biological resources and wetlands plan that defines procedures for identifying and protecting historical, archaeological, cultural resources, biological resources and wetlands known to be on the project site: and/or identifies procedures to be followed if historical archaeological, cultural resources, biological resources and wetlands not previously known to be onsite or in the area are discovered during construction.

Include in the plan methods to assure the protection of known or discovered resources, identifying lines of communication between Contractor personnel and the Contracting Officer.

p. Include and update a pesticide treatment plan, as information becomes available. Include in the plan: sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, authorized uses, chemical composition, formulation, original and applied concentration, application rates of active ingredient (i.e. pounds of active ingredient applied), equipment used for application and calibration of equipment. Federal, State, Regional and Local pest management record keeping and reporting requirements as well as any additional Installation Project Office specific requirements are the Contractor's responsibility in conformance with DA AR 200-1 Chapter 5--Pest Management, Section 5-4 "Program requirements" for data required to be reported to the Installation.

1.8.3 Appendix

Attach to the Environmental Protection Plan, as an appendix, copies of all environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, and termination documents.

1.9 Sediment and Turbidity Control Plan

The Contractor shall develop and implement a Sediment and Turbidity Control and Monitoring Plan to meet the following requirements:

a. Employ best management practices as identified in the SWPPP at all staging areas (including material staging areas), borrow areas, constructed haul roads, trails, recreation sites, other areas of fill, and in the completion of any other construction activities.

b. Limit fill placement activities to winter months when the lake is frozen or use a floating silt curtain if the lake is not frozen. When using a floating silt curtain, the Contractor shall use construction sequencing to limit sediment and turbidity contributions in the project area and the Lower Brule Water Supply System/Lower Brule Water Treatment Plant intake area.

c. Complete turbidity monitoring during any in-river construction activities when the lake is not frozen. Turbidity monitoring shall be completed from 30 minutes prior to construction activities commencing to 30 minutes after construction activities have been completed.

During construction hours, turbidity monitoring shall occur at a minimum of once every hour at a minimum of one location immediately upstream of the in-river construction activity and one location immediately downstream of the floating silt curtain used for the in-river construction activity. Turbidity monitoring shall be at these same locations throughout the project.

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d. Submit turbidity monitoring data every seven days, and within 24 hours of a storm event of 0.25 inches or more of rain or a discharge caused by snowmelt from a storm event that produces 3.25 inches or more of snow within a 24-hour period to Jim McCauley, Lower Brule Rural Water Supply System Manager, jim.mccauley@yahoo.com, (605) 730-1816 and the Tribal representative, Joel Bich (joelbichwfr@gmail.com).

1.10 Site Photo-Documentation Report

The Contractor shall develop and implement a Site Photo-Documentation Report to meet the following requirements:

a. Develop time stamped photo-documentation and written descriptions of pre-construction site characteristics (e.g., percent vegetative cover and existing structures). The Contractor shall take photos of the entire work area and identify/demarcate on the photos the Multiple Use Zone elevation of 1421 ft MSL along the shoreline and wetland boundaries, the planned work area that will be disturbed and restored, areas where vegetation will be protected, and access points to the work area. The Contractor shall submit this documentation to the COR and the USACE Biologist at least two weeks prior to beginning construction activities.

b. The Contractor shall submit the site map to the COR and the USACE Biologist, at least two weeks prior to beginning construction activities. Develop a site map which indicates the following items:

(1) The location and direction where pre-construction site photos were taken (see above) and where post restoration site photos will be taken (see below).

(2) The locations of disturbance limits and the boundaries of vegetation to protect onsite prior to mobilization of equipment.

c. Submit to EPA Region 8 (R8CWA401@epa.gov), the COR, and the USACE Biologist, photo-documentation and written descriptions of the revegetated areas as described below within 90 days after initial revegetation is completed.

(1) Photographs shall be taken from the locations and directions indicated in the site map.

(2) If additional areas are disturbed during construction that were not included in the original design plans, the project proponent shall photo-document and monitor these areas as described above.

(3) Written descriptions of the revegetated sites shall identify the effectiveness of the revegetation, and provide recommendations where measures were ineffective.

1.11 PROTECTION FEATURES

This paragraph supplements the Contract Clause PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite construction activities, the Contractor and the Contracting Officer will make a joint condition survey. Immediately following the survey, the Contractor will prepare a brief report including a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the

SECTION 01 57 20.00 10 Page 11 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. This survey report will be signed by both the the Contractor and the Contracting Officer upon mutual agreement as to its accuracy and completeness. The Contractor must protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference which their preservation may cause to the work under the contract.

1.12 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

Any deviations from the drawings,plans and specifications, requested by the Contractor and which may have an environmental impact, will be subject to approval by the Contracting Officer and may require an extended review, processing, and approval time. The Contracting Officer reserves the right to disapprove alternate methods, even if they are more cost effective, if the Contracting Officer determines that the proposed alternate method will have an adverse environmental impact.

1.13 NOTIFICATION

The Contracting Officer 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 Environmental Protection plan. After receipt of such notice, the Contractor will inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer 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 Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 LAND RESOURCES

Confine all activities to areas defined by the drawings and specifications. Identify any land resources to be preserved within the work area prior to the beginning of any construction. Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without approval, except in areas indicated on the drawings or specified to be cleared. Ropes, cables, or guys will not be fastened to or attached to any trees for anchorage unless specifically authorized. Provide effective protection for land and vegetation resources at all times, as defined in the following subparagraphs. Remove stone, soil, or other materials displaced into uncleared areas.

3.1.1 Work Area Limits

The Contractor's field offices, staging areas, stockpile storage, and temporary buildings shall be placed in designated areas shown on the project drawings. Location of staging areas and access routes will be identified on the project drawings. Temporary movement or relocation of

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Contractor facilities shall be made only when approved by the KO. Erosion and sediment controls shall be provided for on-site borrow and spoil areas to prevent sediment from entering nearby waters. Temporary excavation and embankments for plant and/or work areas shall be controlled to protect adjacent areas.

3.1.2 Landscape

Trees, shrubs, vines, grasses, land forms and other landscape features indicated and defined on the drawings to be preserved must be clearly identified by marking, fencing, or wrapping with boards, or any other approved techniques. *Am-1 Limit the clearing of vegetation outside of the limits of the approved work area. **Am-1 Restore landscape features damaged or destroyed during construction operations outside the limits of the approved work area.

3.1.3 Erosion and Sediment Controls

Providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations is the Contractor's responsibility.

The erosion and sediment controls selected and maintained by the Contractor shall be such that water quality standards are not violated as a result of construction activities. The area of bare soil exposed at any one time by construction operations should be kept to a minimum. Construct or install temporary and permanent erosion and sediment control best management practices (BMPs). BMPs may include, but are not limited to, vegetation cover, stream bank stabilization, slope stabilization, silt fences, construction of terraces, interceptor channels, sediment traps, inlet and outfall protection, diversion channels, and sedimentation basins. The Contractor's best management practices must also be in accordance with the South Dakota National Pollutant Discharge Elimination System (NPDES)requirements. Remove any temporary measures after the area has been stabilized.

3.1.4 Contractor Facilities and Work Areas

Place field offices, staging areas, stockpile storage, and temporary buildings in areas designated on the drawings or as directed by the Contracting Officer. Temporary movement or relocation of Contractor facilities will be made only when approved. Erosion and sediment controls must be provided for onsite borrow and spoil areas to prevent sediment from entering nearby waters. Temporary excavation and embankments for plant and/or work areas must be controlled to protect adjacent areas.

3.2 WATER RESOURCES

Monitor all water areas affected by construction activities to prevent pollution of surface water and groundwater. Do not apply toxic or hazardous chemicals to soil or vegetation unless otherwise indicated. For construction activities immediately adjacent to impaired surface waters, the Contractor must be capable of quantifying sediment or pollutant loading to that surface water when required by State or Federally issued Clean Water Act permits.

3.2.1 Cofferdams, Diversions, and Dewatering Operations

*Am-1

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Construction operations for dewatering, removal of cofferdams, tailrace excavation, and tunnel closure will be controlled at all times to maintain compliance with existing State water quality standards and designated uses of the surface water body. The Contractor shall visually inspect any cofferdam daily during project implementation and within 12 hours of precipitation events.

The Contractor shall photo-document baseline conditions (i.e., 50 feet upstream of the project area, within the project area, and 100 feet downstream of the project area) prior to installation of cofferdams/temporary berms. The Contractor shall time stamp all photo-documentation and indicate the location and direction of all photos on the design drawings. Photos shall be provided to the COR and USACE biologist prior to installation of cofferdams/temporary berms.

The Contractor shall visually inspect any cofferdam/temporary berms daily during project implementation and within 12 hours of precipitation events. Should a failure occur, the Contractor shall photo-document any failures or increased turbidity due to dam placement.

a. The Contractor shall time stamp the photos and document on a site map of the location and direction of the photos.

a. Within 24 hours of observing a failure or marked increase in turbidity associated with coffer dam/temporary berm placement, the Contractor shall remedy and implement any additional necessary measures to stabilize the dam and prevent further discharges in the river. The Contractor shall photo-document with a time stamp the measures taken immediately following implementation. The Contractor shall take photos at the same location and direction as the photos described above.

Within 24 hours of observing a failure or marked increase in turbidity associated with cofferdam/temporary berm placement, the Contractor shall remedy and implement measures to stabilize the dam and prevent further unauthorized discharges into waters of the United States, as detailed in the project specifications. The Contractor shall photo-document with a time stamp the failure (i.e., 50 feet upstream of failure, at the incident site, and at least 100 feet downstream of the failure) and the adaptive management measures taken immediately following implementation. The Contractor shall take remediated condition photos at the same location(s) and direction(s) as in the failure condition photos.

b. Within 48 hours of observing any failure, the Contractor shall provide EPA Region 8 (R8CWA401@epa.gov)and the COR with the photo-documentation, and descriptions of all observed failures and remedies.

c. Within two weeks of observing any failure, the Contractor shall photo-document with a time stamp the measures, including downstream river areas at the site property. The Contractor shall include photos taken at the same location and direction as the photos described above, in addition to photos of downstream river area at the site property.

c. Within three weeks of observing a failure, the Contractor shall provide EPA Region 8 (R8CWA401@epa.gov) and the COR with the photo-documentation described in the bullet above and a description of the impacts and effectiveness of the measures. with a description of

SECTION 01 57 20.00 10 Page 14 the impacts and effectiveness of the employed adaptive management measures.

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3.2.2 Stream Crossings

Stream crossings must allow movement of materials or equipment without violating water pollution control standards of the Federal, State, and local governments. Construction of stream crossing structures will be in compliance with Clean Water Act.

3.2.3 Wetlands

Do not enter, disturb, destroy, or allow discharge of contaminants into any wetlands except as authorized. Authorization to enter specific wetlands identified will not relieve the Contractor from any obligation to protect other wetlands within, adjacent to, or in the vicinity of the construction site and associated boundaries. Ensure equipment working in wetlands is placed on mats, or other similar measures to minimize soil compaction protect vegetation.

3.3 AIR RESOURCES

Equipment operation, activities, or processes will be in accordance with all Federal and State air emission and performance laws and standards.

3.3.1 Particulates

Dust particles; aerosols and gaseous by-products from construction activities; and processing and preparation of materials, such as from asphaltic batch plants; must be controlled at all times, including weekends, holidays and hours when work is not in progress. Maintain excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and other work areas within or outside the project boundaries free from particulates which would cause the Federal, State, and local air pollution standards to be exceeded or which would cause a hazard or a nuisance. Sprinkling, chemical treatment of an approved type, baghouse, scrubbers, electrostatic precipitators or other methods will be permitted to control particulates in the work area.

Sprinkling, to be efficient, must be repeated to keep the disturbed area damp at all times. Provide sufficient, competent equipment available to accomplish these tasks. Perform particulate control as the work proceeds and whenever a particulate nuisance or hazard occurs. Comply with all State and local visibility regulations.

3.3.2 Odors

Odors from construction activities must be controlled at all times. The odors must be in compliance with State regulations and/or local ordinances and may not constitute a health hazard.

3.3.3 Sound Intrusions

Keep construction activities under surveillance and control to minimize environment damage by noise. Comply with the provisions of the State of South Dakota rules.

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3.3.4 Burning

Burning is prohibited.

3.4 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

Disposal of wastes will be as directed below, unless otherwise specified in other sections and/or shown on the drawings.

3.4.1 Solid Wastes

Place solid wastes (excluding clearing debris) in containers which are emptied on a regular schedule. Handling, storage, and disposal must be conducted to prevent contamination. Employ segregation measures so that no hazardous or toxic waste will become co-mingled with solid waste.

Transport solid waste off Government property and dispose of it in compliance with Federal, State, and local requirements for solid waste disposal. A Subtitle D RCRA permitted landfill will be the minimum acceptable offsite solid waste disposal option. Verify that the selected transporters and disposal facilities have the necessary permits and licenses to operate. Comply with Federal, State, and local laws and regulations pertaining to the use of landfill areas.

3.4.2 Chemicals and Chemical Wastes

Dispense chemicals ensuring no spillage to the ground or water. Perform and document periodic inspections of dispensing areas to identify leakage and initiate corrective action. This documentation will be periodically reviewed by the Government. Collect chemical waste in corrosion resistant, compatible containers. Collection drums must be monitored and removed to a staging or storage area when contents are within 6 inches of the top. Wastes will be classified, managed, stored, and disposed of in accordance with Federal, State, and local laws and regulations.

3.4.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

Hazardous wastes are defined in 40 CFR 261 , or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171 - 178 . At a minimum, manage and store hazardous waste in compliance with 40 CFR 262 in accordance with the Project Office hazardous waste management plan. Take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing. Segregate hazardous waste from other materials and wastes, protect it from the weather by placing it in a safe covered location, and take precautionary measures such as berming or other appropriate measures against accidental spillage. Storage, describing, packaging, labeling, marking, and placarding of hazardous waste and hazardous material in accordance with 49 CFR 171 - 178 , State, and local laws and regulations is the Contractor's responsibility. Transport Contractor generated hazardous waste off Government property within 60 days in accordance with the Environmental Protection Agency and the Department of Transportation laws and regulations. Dispose of hazardous waste in compliance with Federal, State and local laws and regulations. Spills of hazardous or toxic materials must be immediately reported to the Contracting Officer.

Cleanup and cleanup costs due to spills are the Contractor's responsibility. The disposition of Contractor generated hazardous waste and excess hazardous materials are the Contractor's responsibility.

Coordinate the disposition of hazardous waste with the Project Office's Hazardous Waste Manager and the CO.

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3.4.4 Fuel and Lubricants

Storage, fueling and lubrication of equipment and motor vehicles must be conducted in a manner that affords the maximum protection against spill and evaporation. Manage and store fuel, lubricants and oil in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded must be stored in marked corrosion-resistant containers and recycled or disposed in accordance with 40 CFR 279 , State, and local laws and regulations.

3.4.5 Waste Water

Disposal of waste water will be as specified below.

a. Waste water from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, forms, etc. will not be allowed to enter water ways or to be discharged prior to being treated to remove pollutants. Dispose of the construction related waste water off-Government property in accordance with all Federal, State, Regional and Local laws and regulations.

b. For discharge of ground water, the Contractor shall obtain a State or Federal permit specific for pumping and discharging ground water prior to surface discharging. In South Dakota the contractor may also need to obtain a Tempoerary Water Right Permit from the SDDENR Water Rights Program for any dewatering. The SDDENR Water Rights Program can be contacted at (605)773-3352 to determine if a permit is required.

c. Water generated from the flushing of lines after disinfection or disinfection in conjunction with hydrostatic testing will be land applied in accordance with all Federal, State, and local laws and regulations for land application or discharged into the sanitary sewer with prior approval and/or notification to the Waste Water Treatment Plant's Operator.

3.5 RECYCLING AND WASTE MINIMIZATION

Participate in State and local government sponsored recycling programs.

The Contractor is further encouraged to minimize solid waste generation throughout the duration of the project.

3.6 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

If during excavation or other construction activities any previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, all activities that may damage or alter such resources will be temporarily suspended. Resources covered by this paragraph include but are not limited to: any human skeletal remains or burials; artifacts; shell, midden, bone, charcoal, or other deposits; rock or coral alignments, pavings, wall, or other constructed features; and any indication of agricultural or other human activities. Upon such discovery or find, immediately notify the Contracting Officer so that the appropriate authorities may be notified and a determination made as to their significance and what, if any, special disposition of the finds should be made. Cease all activities that may result in impact to or the destruction of these resources. Secure the area and prevent employees or

SECTION 01 57 20.00 10 Page 17 other persons from trespassing on, removing, or otherwise disturbing such resources.

3.7 BIOLOGICAL RESOURCES

Minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat. The protection of threatened and endangered animal and plant species, including their habitat, is the Contractor's responsibility in accordance with Federal, State, Regional, and local laws and regulations.

3.7.1 Endangered/Threatened Species

The Contractor shall be responsible for the protection of threatened and endangered animal and plant species including their habitat in accordance with Federal, State, Regional, and local laws and regulations. The following are known endangered/threatened species that could possibly be in the project area.

3.7.1.1 Northern Long-Eared Bat

The northern long-eared bat (NLEB) is a federally listed endangered species. The NLEB is a wide-ranging bat species and often hibernates in caves and mines. During the summer, the NLEB may roost in cavities, crevices, or underneath the bark of live or dead trees. There are no known hibernacula sites or known maternity roost tree(s) within a 1/2 mile of the project area at this time. Construction activities may affect but are not likely to adversely affect the northern long-eared bat. The following conservation measures will be followed to ensure an adverse effect to the species does not occur.

Tree removal will only occur from October 1 through May 15. If the Contractor proposes to schedule tree removal outside of this window, the CO must submit a request to the Government. This request will be coordinated with the U.S. Fish and Wildlife Service (USFWS) for concurrence and NLEB surveys may be required.

Tree removal will NOT occur within 1/2 mile of any NLEB hibernacula at any time of the year.

3.7.1.2 Pallid Sturgeon

The pallid sturgeon is a federally listed endangered species. In South Dakota the pallid sturgeon is found in the Missouri River. Pallid sturgeons are typically bottom dwellers in rivers with swift turbid and free flowing waters. Construction activities may affect but are not likely to adversely affect the pallid sturgeon. The following conservation measures will be followed to ensure an adverse effect to the species does not occur.

1. All work adjacent to channel banks must be designed to avoid or minimize sedimentation and prevent material from entering the channel.

2. No disturbance in the Missouri River is allowed from March 1 through June 30.

3. No vibratory or impact pile driving in the Missouri River is allowed from March 1 through June 30.

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4. No discharge of spoil is allowed in the Missouri River from March 1 through June 30.

3.7.1.3 Whooping Crane

The whooping crane is a federally listed endangered species. The whooping crane breeds, migrates, winters, and forages in a variety of wetland and other habitats, including inland marshes, lakes, ponds, wet meadows, rivers, and agricultural fields.

If construction activities occur during Whooping Crane migration periods (Spring migration: March 6 - April 29; and fall migration: October 9 - November 15), qualified personnel will perform daily surveys according to USFWS protocol during construction activities (prior to the start of daily construction activities). If species are present, immediately stop work within ½ mile of the whooping crane. The CO will coordinate with the Government to determine when work can resume.

3.7.2 Migratory Bird Treaty Act

Clearing and grubbing shall be scheduled so as to avoid disturbance to any active nests of migratory birds covered by the above Act. The avoidance period in the State of South Dakota generally occurs from 15 September to 31 January. Should clearing and grubbing be required outside of this avoidance window, the CO will coordinate with the Government and a qualified biologist must perform a survey of the area not more than 5 days prior to woody vegetation removal activities. Should any evidence of nests or nesting behavior be present, the Government will coordinate with the USFWS to determine next steps. No clearing and grubbing activities shall take place until final approval has been provided by the Government.

3.7.2.1 Bald Eagles

The Contractor shall be responsible for identifying and avoid disturbing any bald eagles which may be roosting or nesting in the project area.

Bald Eagles shall not be disturbed. The Government recommends avoiding roosting bald eagles by eliminating activity within 83 yards of the roosting bald eagle and 0.5 miles (880 yards) of active bald eagle nests.

However, this is a general recommendation, and may change dependent upon location, available cover, and concealment. It is the Contractor's responsibility to accurately determine appropriate distances to avoid disturbing the Bald Eagle. The Contractor shall ensure that his employees are able to identify bald eagles and shall avoid disturbing bald eagles.

Bald eagles have been known to nest as early as January, and…