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SECTION 35 20 23.10 18 DREDGED MATERIAL TRANSPORT PLACEMENT AND MONITORING

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S-AN-UC RV SANUC2

SECTION 35 20 23.10 18

DREDGED MATERIAL TRANSPORT, PLACEMENT AND MONITORING

1.0 Dredged Material Transport, Placement and Monitoring

This contract section describes the requirements associated with the NY District Dredged Material Transport and Placement Monitoring program. The District monitoring program helps both the Contractors (Dredging Contractors) and the District to ensure compliance with Section 404 of the Clean Water Act, Section 103 of the Marine Protection, Research, and Sanctuaries Act, 40 CFR Part 228, in addition to state environmental laws.

All costs associated with the equipment, software, personnel, and other aspects of the monitoring program must be provided by the Contractor (Dredging Contractor).

The basic components of the monitoring program are described below. The implementation of the program, using these components, is discussed later.

The term "container vessel" refers to any vessel used to contain, or hold, dredged material (scow, barge, hopper dredge, etc.). The term "transport vessel" refers to any vessel (tugboat, hopper dredge, workboat, etc.) used to move a container vessel. In the case of a hopper dredge, the hopper dredge may act as both a "container vessel" and a "transport vessel". If hopper dredge engines are not used for propulsion, and another vessel (tugboat, for example) is used to move it, then the hopper dredge would be the "container vessel" and the tugboat would be the "transport vessel".

1.1.1 New York District Certified Dredged Material Inspectors (DMIs)

The Contractor, at his own expense, shall have DMIs document container vessel conditions and other requirements at the dredging site, monitor transport of container vessels to placement sites, and document placement of all dredged materials at the HARS and/or any other open-water placement location.

DMIs must complete USACE Transportation and Placement Log Forms (TPLFs) and checklists for all placement activities performed. DMIs are required to be awake and on duty and in the transport vessel wheelhouse, to observe container vessel monitoring equipment function, watch for endangered species (if the DMI is also a National Marine Fisheries Service (NMFS) certified endangered species/marine mammal observer), and perform other DMI duties, at the dredging site, and from the time the transport vessel departs from the dredging site until the container vessel has completely emptied and all reporting requirements have been completed (please note, the terms 'dredge material monitoring' and 'container vessel monitoring' are used interchangeably throughout this Section).

DMIs will be responsible for documenting compliance with transport and placement requirements contained in these specifications, and as presented at the Dredged Material Transport and Placement meeting. DMIs may assist the contractor in following placement requirements, but the Contractor is fully responsible for compliance with all contract and regulatory requirements associated with dredged material transport and placement.

SECTION 35 20 23.10 18 Page 1

DMIs will help ensure that placement guidelines, particularly as presented during the Dredged Material Transport and Placement Meeting (DMTPM)(described later in this contract section), and described below, are being followed.

A list of Dredged Material Inspectors (DMIs) can be obtained from the USACE Technical Manager for Dredged Material Management, Alexander F. Gregory at 917-790- 8427. Only DMIs on the list may be used during this contract. The Contractor must submit a list to NY District, with the names and certification information of all DMIs who will be working on the project, at the Dredged Material Transport and Placement Meeting (described later in this contract section). The Contractor must furnish DMI names, companies the DMIs are affiliated with if not independent DMIs, and the expected duration of employment of DMIs who will begin service at the start of the project.

DMIs that will be on duty at the beginning of the dredging project must be present at the DMTPM to review placement guidelines and requirements associated with this project. Any DMIs who begin duty after the first day of dredging must meet with NY District personnel to review placement guidelines and requirements associated with this project prior to working as a DMI on the project. Notice of replacement DMIs must be submitted to NY District at least two weeks prior to beginning work, unless illness of a DMI or other unforeseen event prevents such notification. The Contractor must furnish DMI names, companies DMIs are affiliated with if not independent DMIs, and the expected duration of employment of replacement DMIs who will work on the project.

DMIs are not allowed to be on duty for more than twelve (12) hours during any day (a day is defined as the 24-hr period from 12:01 am to 12:00 am).

DMIs must be provided a minimum of eight (8) hours of continuous off-duty time each day to allow appropriate rest to ensure safety and competence.

DMIs must be provided with a designated bunk space or other suitable sleeping location while working aboard a transport vessel and a suitable location for completing paperwork associated with DMI duties.

The Contractor must not interfere with DMIs in the completion of their duties, but may remind DMIs to complete required activities if necessary unless specifically requested by NY District. Although DMIs are financially employed by the Contractor, either directly or through sub-contracting, DMI duties and requirements are established by NY District. NY District will be responsible for determining whether DMIs are satisfactorily performing their duties and requirements. DMIs that do not perform their duties to the satisfaction of NY District may be removed from the project by the Contract Officer or COR

1.1.2 National Marine Fisheries Service (NMFS) Endangered Species/Marine Mammal Observers

A National Marine Fisheries Services-approved Observer, at the Contractor's expense, must be aboard the transport vessel transporting a loaded container vessel to the ocean placement sites. The observer will have the responsibility for determining the presence of endangered species (sea turtles and whales) during transit to, and upon arrival at the location for all placement activities. Upon arrival at the placement site, placement of dredged material may occur only if no endangered species are observed to be present within a 0.25 nautical mile of the placement site. If endangered species are observed to be present within 0.25 nautical mile of the designated placement location, then the placement of dredged material must not occur. Placement of the dredged material may occur only when the

SECTION 35 20 23.10 18 Page 2 observed animals have moved outside the 0.25 nautical mile zone around the designated placement location, or have completely departed the site. In all such cases where whales or sea turtles have been encountered, the observer must submit a written report incorporating the following information: animal type (Whale or sea turtle); the specific species (if known); the date, time and location of the sighting (latitude, longitude); approximate distance away from the transport vessel and/or container vessel; number of individuals observed; behavior (feeding, nursing, migrating, etc.,). If a DMI is to be used for this function, he/she should possess or acquire, prior to the initiation of the project, valid certification from the National Marine Fisheries Service or other accredited agency of training on techniques for identifying species, and preparing applicable reports for instances where endangered species are encountered. Fourteen (14) days prior to departure of the first project vessel from port for open water placement of any dredged material, the Contractor must submit a letter to the New York District with the names and certification information of all NMFS Observers who will be working on the project. The Contractor must furnish Observer names, companies Observers are affiliated with if not independent Observers, and the expected duration of employment of Observers who will begin service at the start of the project. DMI who are also NMFS Observers may fulfill the duties of both positions. The Contractor must provide NY District with documentation of NMFS certification for each observer who will be working on the project at the DMTPM.

1.2 Monitoring Equipment

The Contractor is required, at their own expense, to have all container vessels used to transport dredged material to any and all placement or treatment locations (HARS, non-HARS,reefs or locations in the New York Bight or Lower Bay or any other open-water area as directed by COR) equipped with container vessel monitoring equipment and software, through a Contractor (i.e. Dredged Material Monitoring Equipment and Software Contractor (DMMESC)) not owned or affiliated with the dredging company. Container vessel monitoring equipment must be installed and operating correctly on any container vessel used to transport dredged material prior to ANY dredged material being placed in the container vessel. All container vessel monitoring data collection must begin prior to ANY dredged material being placed in the container vessel and continue throughout the duration of time any dredged material is contained in a container vessel.

The Contractor must provide access and reasonable assistance, to the DMMESC, at any time during the dredging contract, to complete any modifications/ improvements to the container vessel monitoring equipment and/or software that may be required to fulfill the container vessel monitoring requirements associated with the dredging contract.

The following specifications are associated with, and required for, the container vessel monitoring equipment, software, and container vessel monitoring website:

- A self-contained "black box" unit must be installed on all container vessels, and must be capable of recording on a 24-hour basis, latitude and longitude positions of the container vessel, through DGPS technology, container vessel draft, using a water pressure sensor, and container vessel bin level, at variable sampling rates ranging from one position, draft, and bin level sensor value every 6 seconds to one position, draft, and bin level value every ten minutes, according to NY District requirements.

Container vessels used to transport sand, glacial till, Pleistocene clay, or

SECTION 35 20 23.10 18 Page 3 rock, to an offshore placement location (HARS and/or reef) must include fore and aft draft sensors and one bin level sensor. Container vessels used for transport of fine-grained, muddy dredged material to the HARS must include fore and aft draft sensors and fore and aft bin level sensors. Container vessels used to transport fine-grained, muddy dredged material to upland placement/treatment sites must include one bin level sensor, and one draft sensor.

- Any transport vessels used to transport dredged material to any location and all dredges used on the project must be equipped with satellite real-time tracking and messaging systems maintained by the DMMESC.

- Laptop computer container vessel monitoring software must also include an electronic version of the Transportation and Placement Log Form (TPLF) to be completed by the DMI during each placement trip.

- Laptop computer container vessel monitoring software must also include an electronic checklist (described at the end of this contract section) for completion by the DMI.

- Laptop computer container vessel monitoring software must also include map displays with selectable scales that allow DMIs to view the dredging site, New York Harbor area and New York Bight, HARS and designated placement grids and coordinates. The container vessel monitoring software must graphically display placement grids developed for the project and allow viewing of the position of the transport vessel and/or container vessel throughout the placement trip.

- Laptop computer container vessel monitoring software must also include links to websites that allow NOAA offshore buoy data to be viewed in real-time, along with the latest marine weather forecasts.

- Laptop computer container vessel monitoring software must allow real-time plotting of container vessel draft and speed, to be used to monitor potential container vessel leakage.

- Laptop computer container vessel monitoring software must allow downloading of digital camera photos for inclusion with placement trip data.

- Laptop computer container vessel monitoring software must allow collection of transport vessel fathometer data for inclusion with other placement trip data.

- Laptop computer container vessel monitoring software must allow transmission, at the end of each placement trip, of electronic TPLFs, checklists, container vessel position, speed, draft data, fathometer data, and digital photos, to a website described below.

- All transport vessels used to transport dredged material to open-water placement sites (non-upland placement/treatment locations) must be equipped to automatically record bathymetric data using a fathometer on each transport vessel. Transport vessel fathometers must have digital data output that is compatible with container vessel monitoring laptop computers and software. Bathymetric data must be stored for transmission with other monitoring data. Fathometer data must be collected within the boundaries that define each placement site, as determined by NY District.

A website must and will be maintained by the DMMESC and include the following capabilities:

SECTION 35 20 23.10 18 Page 4

- Automatically assign trip numbers to container vessel monitoring software installed on laptop computers via wireless communication technology.

- Container vessel monitoring data, TPLFs, checklists, digital photos, and all other data collected by the container vessel monitoring equipment and software must be posted to a website accessible to NYD District personal within two hours of DMI submission of the data from the laptop computer and for each container vessel used for upland placement/treatment, within 24 hours of being unloaded at the upland/treatment facility.

- A dredging production database that reports the following per trip: trip number, date of trip, dredge used, transport vessel used, container vessel used, trip destination, estimated container vessel volume, and the time taken for the following - container vessel loading, container vessel de-watering, container vessel transit, container vessel unloading, dredged material disposal from the container vessel, return trip from the placement site and container vessel idleness, as applicable. The dredging production database will also include a map of the dredging site that is updated after the completion of each trip with the location of where dredging associated with each container vessel-loading event occurred.

- A placement grid cell management tool that reports the following per grid cell: total container vessel placements, total estimated volume of dredged material in the cell resulting from container vessel placements, the trip numbers for the container vessel placement events that occurred within the cell. The placement grid cell management tool must also have the capability for the NY District, or the DMMESC as directed by NY District, to enable, disable, and set the number of maximum container vessel placement events within placement grid cells.

- Submission of automatic emails, notifying NY District and Contractor personnel when TPL checklist items are marked "No" for trips. These automatic emails will also be recorded on the website in a TPL checklist database that lists the electronic checklist cumulative "No" results for the duration of the project. This database must be designed so that data queries can be conducted based on dredged material placement locations, transport vessel used, container vessel used, DMI name, and date range.

- Submission of automatic emails, notifying NY District and Contractor personnel of potential misplaced dredge material events, potentially leaking container vessels, and/or the presence of malfunctioning / nonworking sensors (e.g. DGPS, bin, water pressure) on any container vessels, based on computer analysis of placement trip data. These automatic emails will also be recorded on the website in an email alarms database, which includes the following: trip number, container vessel used, alarm type, date sent and project name. This database must be designed so that data queries can be done by alarm type and date range.

- Allow positions of all dredge plants and all transport vessels used in the project, as monitored by the satellite tracking system, to be viewed in real-time, or as soon as satellite data transmission permits. The satellite tracking system must also have the capability to send messages to transport vessels for the purpose of communicating with DMIs when they are out of cell phone range. All dredge plants, whether removing or lifting material from the bottom, or just operating without removing or lifting material (a cutter-head dredge being used to break up rock, for example), must be monitored.

SECTION 35 20 23.10 18 Page 5

- Bathymetric plots based on transport vessel fathometer data, viewable on the container vessel-monitoring website. Bathymetric maps of the placement site will be updated on a weekly basis to include the most recent bathymetric data plotted on cumulative bathymetric data collected throughout the duration of the dredging project, with the most recent bathymetric data values (shallowest) replacing older bathymetric data where overlapping data occurs. Data values shallower than a warning depth (usually within 15 feet of an artificial reef permitted depth, or a depth of 65 feet at the HARS) for each placement area will be highlighted for easy visual distinction from other depth values (e.g., values above warning depth in red, with other depths in shades of blue).

- Computer modeling of rock placement data from each placement trip involving container vessels loaded with sand, gravel, glacial till, red clay, or rock, using the NY District ROCDMP model, with updates posted on the container vessel monitoring website. Data from each placement trip will be used as input to the model, which must be automatically run after each placement trip, with results posted on the container vessel monitoring website. The reported model results will include the shallowest depth created during each model run, along with its position, and the location of any areas above a warning depth established for the placement site.

- Plotting of summary maps of placements made to date on the container vessel monitoring website.

- Capability of plotting individual or multiple placement trips at variable scales on the container vessel monitoring website using any one or more of the following variables to query the data; project i.d., placement location, date range, container vessel i.d., DMI on duty.

- Provide a maintenance log of remote-access and on-site service visits related to hardware/software installation and/or repairs on the container vessel monitoring website.

Additionally, in support of the container vessel monitoring equipment and software, the Contractor must ensure the following:

- Transport vessels must have fax machines capable of sending fax messages while at sea, and must be able to transmit when vessels are in the vicinity of the Ambrose Channel. The DMMESC must be provided full access to all transport vessels and container vessels used on the project, as required to service container vessel monitoring equipment and/or software.

- The container vessel monitoring software/equipment shall be programmed by DMMESC personnel for use aboard any vessels used to transport dredged material.

- The Contractor shall ensure that the container vessel monitoring equipment is operational 24 hours each day, at all times any dredged material is being loaded at dredging sites, when any dredged material is contained within any container vessel, when any dredged material is transported from dredging sites, while any container vessels are returning to dredging sites after ocean placement, and when any container vessel is returning from upland facilities.

- The Contractor is required to provide the DMMESC with a container vessel loading table, or ullage table, for each container vessel used to transport dredged material to upland facilities and ocean placement locations, that includes the range of possible container vessel drafts associated with the

SECTION 35 20 23.10 18 Page 6 range of possible mass of material contained in each container vessel.

- The Contractor must provide the DMMESC with all plans and specs, drawings, etc., associated with the project at least 14 days prior to the start of dredging.

-The Contractor must provide the DMMESC access to all container vessel monitoring equipment at any time during the dredging project.

-The Contractor must provide transportation from the shore to any vessel equipped with container vessel monitoring equipment, to the DMMESC.

Transportation must be provided in a timely manner such that the requirements associated with container vessel monitoring continue without interruption.

PDMMES system data must be automatically transmitted from container vessels to the dredge for storage and additional transmission to the DMMESC's computer for posting on the container vessel monitoring website.

-Container vessels used on this project must not be used for any other dredging project unless written approval is obtained from the COR.

-Continuous monitoring by equipment and DMIs, must be maintained from the time a container vessel is ready to be transported to any open-water placement site, until placement is complete, regardless of the amount of time required.

-Container vessels loaded with any quantity of dredged material transported from the dredging site, must have all monitoring equipment functioning and recording data.

-To ensure proper communication of the container vessel monitoring components on the transport vessel and container vessel, the same transport vessel used to transport a container vessel loaded with dredged material toward a designated ocean placement location must continue to be used until placement has occurred, other than the use of a shifter transport vessel within the dredging contract area; hooking up with transport vessels outside of the dredging contract area must not occur. Switching of transport vessels once a placement trip has begun must not occur unless a mechanical problem or other unforeseen problem prevents the use of the transport vessel for ocean placement. If such switching is required the DMMESC must be notified to ensure proper operation of the container vessel monitoring equipment and software.

- Although the Dredged Material Inspectors (DMIs) will observe the operation of the container vessel monitoring equipment and software associated with ocean placement trips, operation and maintenance of all container vessel monitoring equipment and software will be the responsibility of the Contractor, through a contract with the DMMESC. It is the Contractor's responsibility to ensure that the container vessel monitoring equipment is in a continuous, operable condition at all times. Container vessel monitoring equipment and software must be approved by NY District prior to use. Monitoring data provided by the container vessel monitoring system must be compatible with data collected during previous NY District dredging projects and in particular, be compatible with the Disposal Analysis Network for the New York District (DAN-NY) computer program (and if required, compatible with ArcGIS10 software). Data formats and data types required by NY District will be provided upon request by prospective sub-contractors (i.e. DMMESC's). If NY District has not previously observed the operation

SECTION 35 20 23.10 18 Page 7 of container vessel monitoring equipment and software proposed for use by such sub-contractors, satisfactory demonstration of the equipment and software must be performed prior to approval by NY District. Such approval must be made no sooner than 14 days prior to the start of dredging.

Container vessels used to transport dredged material to upland facilities are required to have one acoustic bin-level sensor installed in addition to the container vessel draft sensor.

The Contractor is responsible for protecting the integrity and functionality of the container vessel monitoring equipment, including the bin sensors.

Any monitoring equipment that is damaged or destroyed, for whatever reason must be replaced / repaired prior to using the container vessel again.

The DMMESC will submit a weekly CD/DVD to NY District Operations Division, Dredged Material Management Section, with all scow monitoring data and DMI reporting data collected during the previous week, as an update to the DAN-NY software database. Data will be submitted in formats compatible with the DAN-NY system and compatible with ArcGIS10 software

DMIs are not required to be present on transport vessels used when transporting container vessels loaded with dredged material for upland treatment/placement, however, NY District may require the Contractor to provide an independent observer to accompany each upland placement trip and to verify data associated with each upland placement trip.

Any problems with operation/function of the container vessel monitoring software and/or equipment should be directed to the DMMESC immediately, and to the NY District at (917) 790-8427

1.2.1 Primary Dredged Material Monitoring Equipment and Software Systems

Primary Dredged Material Monitoring Equipment and Software (PDMMES) systems consisting of laptop computers with container vessel monitoring software, onboard all transport vessels used to transport dredged material to open-water placement sites, must allow data, being collected by the "black box" units on the container vessels being transported, to be viewed in real-time by the DMIs and by transport vessel crew members when used for open-water placement trips. PDMMES system data must be automatically transmitted from all container vessels to the dredge for storage and additional transmission to the DMMESC's computer for posting on the container vessel monitoring website. The bin level sensor must be integrated with the PDMMES system to include bin level data with the data provided by the DGPS receiver and container vessel draft sensor.

Trips to upland placement/treatment sites will not require DMIs for container vessel monitoring. However, there may be a requirement for documentation of each upland placement/treatment trip by an independent observer with reporting requirements independent of open-water placement site reporting requirements described in this contract section.

1.2.2 Backup Dredged Material Monitoring Equipment and Software Systems

Backup Dredged Material Monitoring Equipment and Software (BDMMES) systems used for open-water placement trips, consisting of laptop computers with container vessel monitoring software, onboard all transport vessels used to transport dredged material, must allow the DGPS position of the transport vessel to be viewed on the computer screen, along with an estimated

SECTION 35 20 23.10 18 Page 8 position, when applicable (e.g. in the case of a tug towing a scow), of the container vessel based on the towing distance and angular offset of the container vessel from the course line of the transport vessel.

1.3 Dredged Material Transport and Placement Meeting (DMTPM)

A meeting will be held at the NY District Operations Division conference room within 7 to 14 days before placement of material for open-water begins, to discuss the placement guidelines and other aspects of dredged material placement and monitoring. Representatives from the Contractor must include the project manager, dredging equipment operator, transport vessel captains, DMIs who will begin working on the project, a representative of the DMMESC, members of the NY District Operations Division associated with dredged material placement and monitoring activities, and others invited by the Contractor or NY District. The day and time of the meeting will be at the discretion of the NY District Operations Division and must be coordinated by the Contractor at least one week before the day of the meeting. Open-water placement of dredged material must not occur until the dredged material placement meeting (DMTPM) has occurred.

1.4 Requirements and Duties Associated with Dredged Material Inspectors (DMIs)

The following items, provisions, accommodations, and supplies must be provided for the use of each DMI working on the dredging contract:

-Legible copy of the permit or contract specifications, as related to container vessel loading, transport, and dredged material placement;

-A legible copy of the Placement Guidelines and placement grid map received at the DMTPM, or any additional instructions or guidelines as related to container vessel loading, transport, and dredged material placement;

-an 8" - 12" wide protractor with degrees printed or embossed on the curved surface;

-dividers for scaling distances off of maps and charts;

-container vessel loading tables for each container vessel used to transport dredged material;

-a fully operational, handheld laser range finder with a range of at least 1000 feet, and manufactured no earlier than 2004, must be available for use by the DMI at any time. Spare batteries for the laser range finder must be available at all times;

-access to the transport vessel DGPS, fathometer, and radar;

-fully operable personal cell phones in possession of each DMI at all times with active phone numbers unique to each phone available for placing and receiving calls at all times. Cell phone numbers must be provided to NY District at DMTPM;

-a fully operational fax machine must be onboard the transport vessel for use by the DMI within two (2) hours of each placement event at the HARS, or within four (4) hours of placement.

-Any discrepancies or other concerns noted by the DMI regarding placement activities must be reported immediately, via cellular phone from the

SECTION 35 20 23.10 18 Page 9 transport vessel, to the NY District Operations Division (Alexander F.

Gregory, 917-790-8427) and a Contractor representative not onboard the transport vessel, and, if the issue is related to the container vessel monitoring equipment, the DMMESC. These contacts are referred to as the "Notification List". Additional items related to the duties of the DMIs may be required at any time during the period of the dredging contract.

1.4.1 Responsibilities of Dredged Material Inspectors (DMIs)

-DMIs must complete USACE Transportation and Placement Log Forms (TPLFs) and checklists for all placement activities performed.

-DMIs are required to be awake and on duty and in the transport vessel wheelhouse, to observe container vessel monitoring equipment function, watch for endangered species, and perform other Inspector duties, from the time the transport vessel departs from the dredging site until the container vessel has completely emptied and all reporting requirements have been completed.

-DMIs will be responsible for documenting compliance with the requirements contained in these specifications, and any other guidance and requirements provided to the Contractor related to dredge material transport and placement.

-DMIs will help ensure that transportation and placement guidelines, particularly as presented during the DMTPM, and described below, are being followed

-DMIs are not allowed to be on duty for more than twelve (12) hours per 24-hr day.

-DMIs must be provided a minimum of eight (8) hours of continuous off-duty time each day to allow appropriate rest to ensure safety and competence

-DMIs must be provided with a designated bunk space or other suitable sleeping location while working aboard a transport vessel and a suitable location for completing paperwork associated with DMIs duties

-DMIs are not authorized to operate transport vessel equipment, and in particular, remotely operated container vessel control equipment

-DMIs are required to use hand-held laser range finders (required to be aboard all transport vessels used for dredged material placement) to determine the tow lengths used at the time of dredged material placement, in the event of container vessel monitoring equipment/software malfunction

-DMIs are required to communicate with the transport vessel crew to obtain information necessary to document the position of the container vessel at the time placement occurs, in the event of container vessel monitoring equipment/software malfunction, the DMI must complete a map of the placement area showing the position of the container vessel at the time container vessel doors were first opened, including the distance from the transport vessel to the container vessel (as determined using the hand-held laser range finder), the transport vessel DGPS position at the time of initial container vessel door opening, the vessel direction of travel, and the bearing to the container vessel from the transport vessel. Manually prepared maps, if necessary, associated with an ocean placement trip, should also be faxed to NY District with the TPLF and other required documents. If TPLFs (electronically or manually produced) and any other required placement

SECTION 35 20 23.10 18 Page 10 documents are not received within two (2) hours of each placement event, container vessels may be directed to standby at the dredging site until all items have been received at NY District. TPLFs and other paperwork associated with placement trips to artificial reefs must be received within two (2) hours of placement.

-DMIs must complete a map of the placement area showing the position of the container vessel at the time container vessel doors were first opened, including the distance from the transport vessel to the container vessel (as determined using the hand-held laser range finder), if both PDMMES and BDMMES systems malfunction.

-Each container vessel loaded with dredged material must be clearly photographed with a working digital camera by the DMI after loading.

Digital photographs taken by DMI must clearly show the type of dredged material within the loaded container vessels and the relationship between the material in the container vessel and the edges of the container vessel, regardless of weather conditions or time of day.

-DMIs must submit reports of all transport and placement activities authorized by this contract on the basis of one report for each container vessel of dredged material within two (2) hours after each placement event at the HARS.

-DMI must review each checklist item (the checklist is described at the end of the Dredged Material Transport and Placement Monitoring contract section) as appropriate, at the dredging site, while underway to the placement location, during placement, and following placement. Copies of the checklist must be completed by DMI during each placement trip.

-DMI must measure the distance from the transport vessel to the container vessel at the time of placement using the hand-held laser range finder and record the value on the TPL form, if necessary.

-Reports of discrepancies or unusual events must also be faxed by the DMI as soon as possible to (212) 264-1463 and other numbers if required by NY District.

-The dredged material density and container vessel draft must be used by the DMI to estimate the volume of dredged material in each container vessel at the start of each trip to the designated dredged material placement location, unless the container vessel monitoring software provides the calculation automatically based on container vessel sensor data. This estimated volume must be recorded on the USACE Transportation and Placement Log (TPL) form.

-DMIs are present to document the activities associated with each placement trip. DMIs are not authorized to operate any equipment used to open and/or close scows. DMIs may assist vessel crews in completing the placement requirements associated with this contract, but are not responsible for actions of Contractor, or sub-contractor, personnel.

- Any DMI who does not satisfactorily complete all required DMI duties, at any time, may be subject to consideration for de-certification of their DMI status.

1.5 Notice to Mariners

The Contractor shall request the Coast Guard to publish a NOTICE TO MARINERS

SECTION 35 20 23.10 18 Page 11 prior to the initiation of any transport/placement activities. The Contractor shall also coordinate all dredging and transportation activities with the U.S. Coast Guard Sector New York, Waterway Management Division at 718-354-4195 or facsimile 718-354-4096/4190. Every vessel engaged in the transportation of dredged material shall have its name or number, and owner's name, painted in letters and numbers at least fourteen (14) inches high, on both port and starboard sides of the vessel. These names and numbers shall be kept distinctly legible at all times, and no vessel not so marked, shall be used to transport dredged material, or place dredged material.

Container vessel Identification and Certification: A list of all container vessels that will be used, and/or may be used, during this dredging project must be provided to NY District. Container vessels identified for use on the project must be certified to be fully operational, mechanically sound, completely seaworthy, and free of leaks or other defects. Container vessel identification and certification information must be presented to NY District at the DMTPM.

1.6 Floatable Material, Trash, and Debris:

All floatable material, trash, and debris excavated during the dredging project, including, but not limited to, wood, tires, scrap metal, car bodies, shopping carts, etc., must be disposed at an existing approved upland disposal area. Should the Contractor encounter floatable material, and/or trash, and/or debris, a copy of a letter granting the permission of appropriate authorities to use an existing approved upland area must be submitted to the Contracting Officer and/or his Representative. Floatable material, and/or trash, and/or debris must never be transported to the HARS or other open-water placement location, regardless of the source of the items/material. Only dredged material approved for open-water placement shall be transport and/or placed at designated open-water placement locations. The Contractor will be responsible for retrieving non-approved materials/items from open-water placement sites if such placement occurs.

The Contracting Officer, or his Representative, reserves the right to have Corps of Engineers and/or the Environmental Protection Agency personnel accompany all trips to the placement site to certify compliance with the transportation and placement requirements discussed in this contract section.

1.7 Digital Photography of Loaded Container vessels

Each container vessel partially or fully loaded with dredged material must be clearly photographed with a working digital camera by the DMI after loading, prior to transport away from the dredging site. Flash photography must be used if darkness or other conditions require supplemental illumination. The flash included with a digital camera will not provide adequate lighting to provide documentation of a loaded scow; supplemental flash units, and/or flood lights, are necessary. The Contractor will be responsible for ensuring that sufficient lighting is provided, as required, such that digital photographs taken clearly show the type and characteristics (color, texture, stone size, etc.) of dredged material within loaded container vessels, and the relationship between the material in the container vessel and the container vessel itself (height of material in container vessel, distribution of material in container vessel, standing water next to dredged material in container vessel, etc.) regardless of weather conditions or time of day. At least one photograph is required, however, additional photographs may be required to document the characteristics of the dredged material, and the condition of the container

SECTION 35 20 23.10 18 Page 12 vessel. The minimum resolution required for each photograph is 1200 x 1600 pixels. Digital cameras used for the photography must be capable of both wide and narrow angle photographs. Photographs must be digitally imprinted with the dredging project name, date and time of each photograph, the trip number, and the container vessel identification. Each clearly visible digital photograph, taken by a DMI, of every loaded container vessel prior to it leaving the dredging site, must be submitted with the other container vessel monitoring data (TPL form, etc.) for posting on the container vessel monitoring website.

Additional Placement Guidelines

Placement guidelines specific to this dredging project will be provided prior to commencement of dredging, particularly at the DMTPM. Additional placement guidelines and modifications may be provided to the Contractor at any time during the dredging contract.

1.8 PLACEMENT OF DREDGED MATERIAL

The following requirements are applicable for the loading and transporting of vessels containing Dredged Materials.

The American Bureau of Shipping (ABS) load lines will be required for all Contractors or its authorized dredging or transport vessel contractors using unmanned dump container vessels towing and heading for placement sites beyond the US Boundary lines.

Plimsoll mark disk and Load lines shall be painted and maintained to be clearly visible on the container vessel.

The Transport vessel captain shall be informed of any temporary repairs made to the container vessel prior to departure.

Container vessels shall not be overloaded relative to its appropriate A-B Load Line. Appropriate A-B Load Lines (draft) shall be included on the

USACE-TPL.

Photographs should be taken of the loaded container vessel's plimsoll mark disk and respective load line prior to its towing. These shall be submitted with the USACE-TPL.

The Quality Control Manager shall assign a person other than the Dredge Operator to perform a quality control function to insure container vessel are loaded properly.

Loads should be evenly distributed within the container vessel and water introduced into the container vessel during the loading process shall be kept to a minimum.

All of the provisions, guidelines, requirements, and instructions (PGRIs) in this section of the contract specification must be completed/complied with before any dredged material may be placed at a designated ocean placement site. Many of the PGRIs must be completed/complied with prior to the start of dredging. Any misplaced dredged material deemed to constitute a potential hazard to navigation by the Corps will be the sole liability of the Contractor to remove, as directed by the Corps. This would include, for example, placement of dredged material in a navigation channel that results in a mound or causes an area of shallower water within the channel; or any dredged material placed above a permitted depth associated with the HARS.

SECTION 35 20 23.10 18 Page 13

The Contractor will assume all expenses and liabilities associated with creating mounds of dredged material above a permitted depth at an artificial reef site or HARS and expenses and liabilities associated with bringing such mounds below permitted depths.

Personnel Notification: The "Dredged Material Transport and Placement Monitoring" section of the contract specifications must be provided to all Contractor personnel working on any aspect of dredging associated with this project, including personnel loading container vessels at the dredging site, personnel working on container vessels at the dredge site, personnel onboard transport vessels at the dredging site or while transporting container vessels, including DMIs, and personnel aboard container vessels being towed. All personnel associated with loading of container vessels, transportation of dredged material, and placement of dredged material must be familiar with the guidelines and requirements contained in this portion of the contract specifications. No less than fourteen (14) days prior to the start of dredging, the Contractor must submit a letter to the NY District listing the name, position title, and job description of each person who will be working on the transport vessels used to transport dredged material, each person who will be loading the container vessels with dredged material at the dredging site, and anyone else involved with container vessels at the dredge site or while being towed to the designated placement location. This letter must include verification that each person has been provided a copy of this portion of the contract specification, has read this portion of the contract specification, and understands the requirements described in this contract specification as related to their job duties. Additional guidelines and directives may be provided at any time during the duration of the dredging project and will become part of the contract specifications.

1.8.1 Ocean Placement Locations

The Government has identified the Historic Area Remediation Site (HARS) for placement of dredged material, approved for ocean disposal, removed under this contract.

1.8.2 Historic Area Remediation Site (HARS)

The HARS is a 15.7 square nautical mile area located approximately 3.5 nautical miles east of Highlands, New Jersey and 7.7 nautical miles south of Rockaway, Long Island, bounded by the following coordinates:

Point Latitude (DMS) Longitude (DMS) Latitude (DDM) Longitude (DDM)

A 40º 25' 39" N 73º 53' 55" W 40º 25.65' N 73º 53.92' W B 40º 25' 39" N 73º 48' 58" W 40º 25.65' N 73º 48.97' W C 40º 21' 19" N 73º 48' 57" W 40º 21.32' N 73º 48.95' W D 40º 21' 19" N 73º 52' 30" W 40º 21.32' N 73º 52.50' W E 40º 21' 52" N 73º 53' 55" W 40º 21.87' N 73º 53.92' W F 40º 21' 52" N 73º 52' 30" W 40º 21.87' N 73º 52.50' W

DMS = Degrees, Minutes, Seconds DDM = Degrees, Decimal Minutes

The Contractor shall perform dredged material placement at specific locations within the HARS. Details of the placement location within the HARS, for HARS-suitable dredged material, will be provided at the DMTPM. Dredged material placement must not occur anywhere outside of the HARS, in HARS

SECTION 35 20 23.10 18 Page 14 buffer zones, in shipwreck buffer zones, in the HARS "No Discharge Zone", or in any other area of the HARS determined by NY District to be off-limits for dredged material placement. Details of HARS placement will be provided to the Contractor at the DMTPM.

The Contractor will also use exact placement criteria set by the New York District Corps of Engineers. All placement of dredged material within the HARS will occur in strict accordance with the placement guidelines and locations given at the DMTPM, and any future updates when provided by USACE.

All non-rock dredged material approved for ocean disposal, excluding floating debris and trash, shall be transported to the HARS, unless otherwise directed. All dredged rock will either be transported to the Hempstead Reef, or the HARS..

1.9 General Requirements: ALL PLACEMENT ACTIVITIES MUST BE RECORDED, AND

REQUIREMENTS ADHERED TO, AS SPECIFIED BELOW.

Twenty four (24) hours prior to departure of the first project vessel from port for the open water placement of any dredged material, the Contractor must notify the New York District USACE by telephone. Calls regarding departures must be made to the Dredged Material Management Section at (917) 790-8427 or x8539. The Contractor must furnish the Contractor name, project name, DMI name and estimated time of departure.

The Contracting Officer, or his Representative, reserves the right to have Corps of Engineers and/or Environmental Protection Agency employees and other invited representatives accompany all trips to the placement site to observe placement activities and/or certify compliance with any contract specifications or environmental regulations.

The Contracting Officer, or his authorized Representative, must give notice of sailing by telephone, or via direct radio transmission between the Contractor's transport vessel and the US Coast Guard two hours prior to departure of a vessel from port. Telephone calls must be made to (718) 354-4088.

DMIs must submit reports of all placement activities authorized by this contract on the basis of one report for each container vessel of dredged material within two (2) hours after each placement event at the HARS or artificial reef site.

In addition to the TPLF, a checklist must be completed for each ocean placement trip. Any items receiving a "NO" answer are considered discrepancies and must be reported immediately to the Notification List.

The checklist is included later in this contract section.

The DMI should check each item as appropriate, at the dredging site, while underway to the placement location, during placement, and following placement. Copies of the checklist must be completed by the DMI during each placement trip, signed and dated by the DMI, and submitted to the NY District on a weekly basis. Any discrepancies must be recorded on the TPLF or a separate report. Separate reports must include the name of the DMI, the date and time of the incident, and a detailed description of any discrepancy. These supplemental reports must be submitted at the same time TPLFs are submitted.

SECTION 35 20 23.10 18 Page 15

Contractors must receive grid coordinates for the placement location at the HARS before dredging starts; usually at the DMTPM. Individual grid cells may be as small as 100 feet wide and 100 feet long. Placement must be made while transporting container vessels in from North to South, or South to North, unless otherwise directed by the NY District. All placement events must be recorded and signed by the master of the tow.

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