01 57 19.pdf

ROCKAWAY REINFORCED DUNE AND CROSSOVER

Amendment 005

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/15

PART 1 GENERAL

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. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

29 CFR 1910.120 Hazardous Waste Operations and Emergency Response

40 CFR 112 Oil Pollution Prevention

40 CFR 241 Guidelines for Disposal of Solid Waste

40 CFR 243 Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste

40 CFR 258 Subtitle D Landfill Requirements

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 261.7 Residues of Hazardous Waste in Empty Containers

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

40 CFR 268 Land Disposal Restrictions

40 CFR 273 Standards For Universal Waste Management

40 CFR 279 Standards for the Management of Used Oil

40 CFR 300 National Oil and Hazardous Substances Pollution Contingency Plan

40 CFR 300.125 National Oil and Hazardous Substances Pollution Contingency Plan - Notification and Communications

40 CFR 355 Emergency Planning and Notification

40 CFR 50 National Primary and Secondary Ambient Air Quality Standards

40 CFR 60 Standards of Performance for New Stationary Sources

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40 CFR 63 National Emission Standards for Hazardous Air Pollutants for Source Categories

40 CFR 64 Compliance Assurance Monitoring

49 CFR 171 General Information, Regulations, and Definitions

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

49 CFR 173 Shippers - General Requirements for Shipments and Packagings

1.2 DEFINITIONS

1.2.1 Class I and II Ozone Depleting Substance (ODS)

Class I ODS is defined in Section 602(a) of The Clean Air Act. A list of Class I ODS can be found on the EPA website at the following weblink.

https://www.epa.gov/ozone-layer-protection/ozone-depleting-substances .

Class II ODS is defined in Section 602(s) of The Clean Air Act. A list of Class II ODS can be found on the EPA website at the following weblink.

https://www.epa.gov/ozone-layer-protection/ozone-depleting-substances .

1.2.2 Contractor Generated Hazardous Waste

Contractor generated hazardous waste is 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), waste thinners, excess paints, excess solvents, waste solvents, excess pesticides, and contaminated pesticide equipment rinse water.

1.2.3 Electronics Waste

Electronics waste is discarded electronic devices intended for salvage, recycling, or disposal.

1.2.4 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 or historically.

1.2.5 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

SECTION 01 57 19 Page 2 liquid waste; radiant energy and radioactive material as well as other pollutants.

1.2.6 Hazardous Debris

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

1.2.7 Hazardous Materials

Hazardous materials as defined in 49 CFR 171 and listed in 49 CFR 172 .

Hazardous material is any material that: Is regulated as a hazardous material in accordance with 49 CFR 173 ; or requires a Safety Data Sheet (SDS) in accordance with 29 CFR 1910.120 ; or during end use, treatment, handling, packaging, storage, transportation, or disposal meets or has components that meet or have potential to meet the definition of a hazardous waste as defined by 40 CFR 261 Subparts A, B, C, or D.

Designation of a material by this definition, when separately regulated or controlled by other sections or directives, does not eliminate the need for adherence to that hazard-specific guidance which takes precedence over this section for "control" purposes. Such material includes ammunition, weapons, explosive actuated devices, propellants, pyrotechnics, chemical and biological warfare materials, medical and pharmaceutical supplies, medical waste and infectious materials, bulk fuels, radioactive materials, and other materials such as asbestos, mercury, and polychlorinated biphenyls (PCBs).

1.2.8 Hazardous Waste

Hazardous Waste is any material that meets the definition of a solid waste and exhibit a hazardous characteristic (ignitability, corrosivity, reactivity, or toxicity) as specified in 40 CFR 261 , Subpart C, or contains a listed hazardous waste as identified in 40 CFR 261 , Subpart D.

1.2.9 Installation Pest Management Coordinator

Installation Pest Management Coordinator (IPMC) is the individual officially designated by the Installation Commander to oversee the Installation Pest Management Program and the Installation Pest Management Plan.

1.2.10 Land Application

Land Application means spreading or spraying discharge water at a rate that 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.

Comply with federal, state, and local laws and regulations.

1.2.11 Municipal Separate Storm Sewer System (MS4) Permit

MS4 permits are those held by installations to obtain NPDES permit coverage for their stormwater discharges.

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1.2.12 National Pollutant Discharge Elimination System (NPDES)

The NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States.

1.2.13 Oily Waste

Oily waste are those materials that are, or were, mixed with Petroleum, Oils, and Lubricants (POLs) and have become separated from that POLs.

Oily wastes also means materials, including wastewaters, centrifuge solids, filter residues or sludges, bottom sediments, tank bottoms, and sorbents which have come into contact with and have been contaminated by, POLs and may be appropriately tested and discarded in a manner which is in compliance with other state and local requirements.

This definition includes materials such as oily rags, "kitty litter" sorbent clay and organic sorbent material. These materials may be land filled provided that: It is not prohibited in other state regulations or local ordinances; the amount generated is "de minimus" (a small amount);

it is the result of minor leaks or spills resulting from normal process operations; and free-flowing oil has been removed to the practicable extent possible. Large quantities of this material, generated as a result of a major spill or in lieu of proper maintenance of the processing equipment, are a solid waste. As a solid waste, perform a hazardous waste determination prior to disposal. As this can be an expensive process, it is recommended that this type of waste be minimized through good housekeeping practices and employee education.

1.2.14 Pesticide

Pesticide is 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.

1.2.15 Pesticide Treatment Plan

A plan for the prevention, monitoring, and control to eliminate pest infestation.

1.2.16 Pests

Pests are 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.

1.2.17 Project Pesticide Coordinator

The Project Pesticide Coordinator (PPC) is an individual who resides at a Civil Works Project office and who is responsible overseeing of pesticide application on project grounds.

1.2.18 Regulated Waste

Regulated waste are solid wastes that have specific additional federal, state, or local controls for handling, storage, or disposal.

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1.2.19 Sediment

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

1.2.20 Solid Waste

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

1.2.20.1 Debris

Debris is non-hazardous solid material generated during the construction, demolition, or renovation of a structure that exceeds 2.5-inch particle size that is: a manufactured object; plant or animal matter; or natural geologic material (for example, cobbles and boulders), broken or removed concrete, masonry, and rock asphalt paving; ceramics; roofing paper and shingles. Inert materials may not be reinforced with or contain ferrous wire, rods, accessories and weldments. A mixture of debris and other material such as soil or sludge is also subject to regulation as debris if the mixture is comprised primarily of debris by volume, based on visual inspection.

1.2.20.2 Green Waste

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

1.2.20.3 Material not regulated as solid waste

Material not regulated as solid waste is nuclear source or byproduct materials regulated under the Federal Atomic Energy Act of 1954 as amended; suspended or dissolved materials in domestic sewage effluent or irrigation return flows, or other regulated point source discharges;

regulated air emissions; and fluids or wastes associated with natural gas or crude oil exploration or production.

1.2.20.4 Non-Hazardous Waste

Non-hazardous waste is waste that is excluded from, or does not meet, hazardous waste criteria in accordance with 40 CFR 263 .

1.2.20.5 Recyclables

Recyclables are materials, equipment and assemblies such as doors, windows, door and window frames, plumbing fixtures, glazing and mirrors that are recovered and sold as recyclable, wiring, insulated/non-insulated copper wire cable, wire rope, and structural components. It also includes commercial-grade refrigeration equipment with Freon removed, household appliances where the basic material content is metal, clean polyethylene terephthalate bottles, cooking oil, used fuel oil, textiles, high-grade paper products and corrugated cardboard, stackable pallets in good condition, clean crating material, and clean rubber/vehicle tires. Metal meeting the definition of lead contaminated or lead based paint

SECTION 01 57 19 Page 5 contaminated may not be included as recyclable if sold to a scrap metal company. Paint cans that meet the definition of empty containers in accordance with 40 CFR 261.7 may be included as recyclable if sold to a scrap metal company.

1.2.20.6 Surplus Soil

Surplus soil is existing soil that is in excess of what is required for this work, including aggregates intended, but not used, for on-site mixing of concrete, mortars, and paving. Contaminated soil meeting the definition of hazardous material or hazardous waste is not included and must be managed in accordance with paragraph HAZARDOUS MATERIAL MANAGEMENT.

1.2.20.7 Scrap Metal

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

1.2.20.8 Wood

Wood is dimension and non-dimension lumber, plywood, chipboard, hardboard. Treated or painted wood that meets the definition of lead contaminated or lead based contaminated paint is not included. Treated wood includes, but is not limited to, lumber, utility poles, crossties, and other wood products with chemical treatment.

1.2.21 Surface Discharge

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

1.2.22 Wastewater

Wastewater is the used water and solids from a community that flow to a treatment plant.

1.2.22.1 Stormwater

Stormwater is any precipitation in an urban or suburban area that does not evaporate or soak into the ground, but instead collects and flows into storm drains, rivers, and streams.

1.2.23 Waters of the United States

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

1.2.24 Wetlands

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

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1.2.25 Universal Waste

The universal waste regulations streamline collection requirements for certain hazardous wastes in the following categories: batteries, pesticides, mercury-containing equipment (for example, thermostats), and lamps (for example, fluorescent bulbs). The rule is designed to reduce hazardous waste in the municipal solid waste (MSW) stream by making it easier for universal waste handlers to collect these items and send them for recycling or proper disposal. These regulations can be found at

40 CFR 273 .

1.3 SUBMITTALS

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

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. Submittals with an "S" are for inclusion in the Sustainability eNotebook, in conformance with Section 01 33 29 SUSTAINABILITY REPORTING. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Preconstruction Survey

Solid Waste Management Permit

Regulatory Notifications ; G, RO

Environmental Protection Plan ; G, RO

Dirt and Dust Control Plan ; G, RO

Employee Training Records

SD-06 Test Reports

Inspection Reports

Solid Waste Management Report ; G, RO

SD-07 Certificates

Employee Training Records

Erosion and Sediment Control Inspector Qualifications

SD-11 Closeout Submittals

Stormwater Pollution Prevention Plan Compliance Notebook ; G, RO

Waste Determination Documentation ; G, RO

Assembled Employee Training Records ; G, RO

Solid Waste Management Permit ; G, RO

Solid Waste Management Report ; G, RO

SECTION 01 57 19 Page 7

Regulatory Notifications ; G, RO

Sales Documentation ; G, RO

1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS

Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during construction practice.

Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Protect the environmental resources within the project boundaries and those affected outside the limits of permanent work during the entire duration of this Contract. Comply with federal, state, and local regulations pertaining to the environment, including water, air, solid waste, hazardous waste and substances, oily substances, and noise pollution.

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

1.4.1 Conformance with the Environmental Management System

Perform work under this contract consistent with the policy and objectives identified in the installation's Environmental Management System (EMS).

Perform work in a manner that conforms to objectives and targets of the environmental programs and operational controls identified by the EMS.

Support Government personnel when environmental compliance and EMS audits are conducted by escorting auditors at the Project site, answering questions, and providing proof of records being maintained. Provide monitoring and measurement information as necessary to address environmental performance relative to environmental, energy, and transportation management goals. In the event an EMS nonconformance or environmental noncompliance associated with the contracted services, tasks, or actions occurs, take corrective and preventative actions. In addition, employees must be aware of their roles and responsibilities under the installation EMS and of how these EMS roles and responsibilities affect work performed under the contract.

Coordinate with the installation's EMS coordinator to identify training needs associated with environmental aspects and the EMS, and arrange training or take other action to meet these needs. Provide training documentation to the Contracting Officer. The Installation Environmental Office will retain associated environmental compliance records. Make EMS Awareness training completion certificates available to Government auditors during EMS audits and include the certificates in the Employee Training Records. See paragraph EMPLOYEE TRAINING RECORDS.

1.5 QUALITY ASSURANCE

1.5.1 Preconstruction Survey and Protection of Features

This paragraph supplements the Contract Clause PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite construction activities, perform a Preconstruction Survey of the project site with the Contracting Officer, and take

SECTION 01 57 19 Page 8 photographs showing existing environmental conditions in and adjacent to the site. Submit a report for the record. Include in the report a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs and grassed areas immediately adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. The Contractor, the Contracting Officer and the Corps' Project Biologist will sign this survey report upon mutual agreement regarding its accuracy and completeness. Protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference that their preservation may cause to the work under the Contract.

1.5.2 Regulatory Notifications

Provide regulatory notification requirements in accordance with federal, state and local regulations. In cases where the Government will also provide public notification (such as stormwater permitting), coordinate with the Contracting Officer. Submit copies of regulatory notifications to the Contracting Officer at least 30 days prior to commencement of work activities. Typically, regulatory notifications must be provided for the following (this listing is not all-inclusive): demolition, renovation, NPDES defined site work, construction, removal or use of a permitted air emissions source, and remediation of controlled substances (asbestos, hazardous waste, lead paint).

1.5.3 Environmental Brief

Attend an environmental brief to be provided by the Corps' Project Biologist as part of the preconstruction meeting. Provide the following information: types, quantities, and use of hazardous materials that will be brought onto the site; and types and quantities of wastes/wastewater that may be generated during the Contract. Discuss the results of the Preconstruction Survey at this time.

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

1.5.4 Employee Training Records

Prepare and maintain Employee Training Records throughout the term of the contract meeting applicable 40 CFR requirements. Provide Employee Training Records in the Environmental Records Binder. Submit these Assembled Employee Training Records to the Contracting Officer at the conclusion of the project, unless otherwise directed.

Train personnel to meet EPA and state requirements. Conduct environmental protection/pollution control meetings for personnel prior to commencing construction activities. Contact additional meetings for new personnel and when site conditions change. Include in the training and meeting agenda: methods of detecting and avoiding pollution; familiarization with statutory and contractual pollution standards; installation and care of devices, vegetative covers, and instruments required for monitoring

SECTION 01 57 19 Page 9 purposes to ensure adequate and continuous environmental protection/pollution control; anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants; recognition and protection of archaeological sites, artifacts, waters of the United States, and endangered species and their habitat that are known to be in the area.

Provide copy of the Erosion and Sediment Control Inspector Certification as required by the state of New York.

1.5.5 Non-Compliance Notifications

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 EPP. After receipt of such notice, 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.

1.6 ENVIRONMENTAL PROTECTION PLAN

The purpose of the EPP is to present an overview of known or potential environmental issues that must be considered and addressed during construction. Incorporate construction related objectives and targets from the State's Environmental management system into the EPP. Include in the EPP measures for protecting natural and cultural resources, required reports, and other measures to be taken. Meet with the Contracting Officer or Contracting Officer Representative to discuss the EPP and develop a mutual understanding relative to the details for environmental protection including measures for protecting natural resources, required reports, and other measures to be taken. Submit the EPP within 30 days after notice to proceed and not less than 10 days before the preconstruction meeting. Revise the EPP throughout the project to include any reporting requirements, changes in site conditions, or contract modifications that change the project scope of work in a way that could have an environmental impact. No requirement in this section will relieve the Contractor of any applicable federal, state, and local environmental protection laws and regulations. During Construction, identify, implement, and submit for approval any additional requirements to be included in the EPP. Maintain the current version onsite.

The EPP includes, but is not limited to, the following elements:

1.6.1 General Overview and Purpose

1.6.1.1 Descriptions

A brief description of each specific plan required by environmental permit or elsewhere in this Contract such as spill control plan, contaminant prevention plan, a historical, archaeological, cultural resources, biological resources and wetlands plan,.

1.6.1.2 Duties

The duties and level of authority assigned to the person(s) on the job site who oversee environmental compliance, such as who is responsible for

SECTION 01 57 19 Page 10 adherence to the EPP, who is responsible for spill cleanup and training personnel on spill response procedures, who is responsible for manifesting hazardous waste to be removed from the site (if applicable), and who is responsible for training the Contractor's environmental protection personnel.

1.6.1.3 Procedures

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

1.6.1.4 Communications

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

1.6.1.5 Contact Information

Emergency contact information contact information (office phone number, cell phone number, and e-mail address).

1.6.2 General Site Information

1.6.2.1 Drawings

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

1.6.2.2 Work Area

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

1.6.2.3 Documentation

A letter signed by an officer of the firm appointing the Environmental Manager and stating that person is responsible for managing and implementing the Environmental Program as described in this contract.

Include in this letter the Environmental Manager's authority to direct the removal and replacement of non-conforming work.

1.6.3 Management of Natural Resources

a. Land resources

b. Tree protection

c. Replacement of damaged landscape features

d. Temporary construction

SECTION 01 57 19 Page 11

e. Stream crossings

f. Fish and wildlife resources

g. Wetland areas

1.6.4 Protection of Historical and Archaeological Resources

a. Objectives

b. Methods

1.6.5 Stormwater Management and Control

a. Ground cover

b. Erodible soils

c. Temporary measures

(1) Structural Practices

(2) Temporary and permanent stabilization

d. Effective selection, implementation and maintenance of Best Management Practices (BMPs).

1.6.6 Protection of the Environment from Waste Derived from Contractor Operations

Control and disposal of solid and sanitary waste. Control and disposal of hazardous waste.

This item consist of the management procedures for hazardous waste to be generated. The elements of those procedures will coincide with the state Hazardous Waste Management Plan. The Contracting Officer will provide a copy of the state Hazardous Waste Management Plan. As a minimum, include the following:

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

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

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

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

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

f. Management procedures and regulatory documentation ensuring disposal of hazardous waste complies with Land Disposal Restrictions ( 40 CFR 268

SECTION 01 57 19 Page 12

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

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

Hazardous waste minimization procedures

i. Plans for the disposal of hazardous waste by permitted facilities; and Procedures to be employed to ensure required employee training records are maintained.

1.6.7 Prevention of Releases to the Environment

Procedures to prevent releases to the environment

Notifications in the event of a release to the environment

1.6.8 Regulatory Notification and Permits

List what notifications and permit applications must be made. Some permits require up to 180 days to obtain. Demonstrate that those permits have been obtained or applied for by including copies of applicable environmental permits. The EPP will not be approved until the permits have been obtained.

1.6.9 Clean Air Act Compliance

1.6.9.1 Haul Route

Submit truck and material haul routes along with a Dirt and Dust Control Plan for controlling dirt, debris, and dust on roadways. As a minimum, identify in the plan the subcontractor and equipment for cleaning along the haul route and measures to reduce dirt, dust, and debris from roadways.

1.6.9.2 Pollution Generating Equipment

Identify air pollution generating equipment or processes that may require federal, state, or local permits under the Clean Air Act. Determine requirements based on any current permits and the impacts of the project.

1.6.9.3 Stationary Internal Combustion Engines

Identify portable and stationary internal combustion engines that will be supplied, used or serviced. Comply with 40 CFR 60 Subpart IIII, 40 CFR 60 Subpart JJJJ, 40 CFR 63 Subpart ZZZZ, and local regulations as applicable. At minimum, include the make, model, serial number, manufacture date, size (engine brake horsepower), and EPA emission certification status of each engine. Maintain applicable records and log hours of operation and fuel use. Logs must include reasons for operation and delineate between emergency and non-emergency operation.

1.6.9.4 Refrigerants

Identify management practices to ensure that heating, ventilation, and air conditioning (HVAC) work involving refrigerants complies with 40 CFR 82 requirements. Technicians must be certified, maintain copies of certification on site, use certified equipment and log work that requires the addition or removal of refrigerant. Any refrigerant reclaimed is the property of the Government, coordinate with the Installation Environmental Office to determine the appropriate turn in location.

SECTION 01 57 19 Page 13

1.6.9.5 Air Pollution-engineering Processes

Identify planned air pollution-generating processes and management control measures (including, but not limited to, spray painting, abrasive blasting, demolition, material handling, fugitive dust, and fugitive emissions). Log hours of operations and track quantities of materials used.

1.6.9.6 Monitoring

The Contractor shall include in the plan the details of environmental monitoring requirements must be in compliance with any and all applicable NYS and NYC regulations and a description of how this monitoring will be accomplished.

1.6.9.7 Compliant Materials

Provide the Government a list of and SDSs for all hazardous materials proposed for use on site. Materials must be compliant with all Clean Air Act regulations for emissions including solvent and volatile organic compound contents, and applicable National Emission Standards for Hazardous Air Pollutants requirements.

1.7 LICENSES AND PERMITS

Obtain licenses and permits required for the construction of the project and in accordance with FAR 52.236-7 Permits and Responsibilities. Notify the Government of all general use permitted equipment the Contractor plans to use on site. This paragraph supplements the Contractor's responsibility under FAR 52.236-7 Permits and Responsibilities.

Where required by the State regulatory authority, the inspections and certifications will be provided through the services of a Professional Engineer (PE), registered in the State where the work is being performed.

As a part of the quality control plan, which is required by Section 01 45

00.00 10 QUALITY CONTROL, provide a sub item containing the name, appropriate professional registration or license number, address, and telephone number of the professionals or other qualified persons who will be performing the inspections and certifications for each permit.

The USACE will obtain the following permits from the NYSDEC: Authorization to Proceed (ATP) from NYSDEC under existing WQC # 0-9999-00228/00001, Federal Consistency Determination, including Coastal Zone Management (CZM), Waterfront Development, Coastal Wetland, and Flood Hazard Area rules (this review is done under the Coastal Area Facilities Review Act permit), and freshwater wetland permit. The Contractor is responsible for obtaining all other permits and payment of required fees, including but not limited to, Soil Conservation District requirements, a National Pollutant Discharge Elimination System permitand NYC Parks permits for Construction and Tree Work. The Contractor shall carry out all terms and conditions for all permits prior to start of work.

1.8 ENVIRONMENTAL RECORDS BINDER

Maintain on-site a separate three-ring Environmental Records Binder and submit at the completion of the project. Make separate parts within the

SECTION 01 57 19 Page 14 binder that correspond to each submittal listed under paragraph CLOSEOUT SUBMITTALS in this section.

1.9 SOLID WASTE MANAGEMENT PERMIT

Provide the Contracting Officer with written notification of the quantity of anticipated solid waste or debris that is anticipated or estimated to be generated by construction. Include in the report the locations where various types of waste will be disposed or recycled. Include letters of acceptance from the receiving location or as applicable; submit one copy of the receiving location state and local Solid Waste Management Permit or license showing such agency's approval of the disposal plan before transporting wastes off Government property.

1.9.1 Solid Waste Management Report

Monthly, submit a solid waste disposal report to the Contracting Officer.

For each waste, the report will state the classification (using the definitions provided in this section), amount, location, and name of the business receiving the solid waste.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 PROTECTION OF NATURAL RESOURCES

Minimize interference with, disturbance to, and damage to fish, wildlife, and plants, including their habitats. Prior to the commencement of activities, consult with the Corps' Project Biologist, regarding rare species or sensitive habitats that need to be protected. The protection of rare, threatened, and endangered animal and plant species identified, including their habitats, is the Contractor's responsibility.

Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work that is consistent with the requirements of the Corps' Project Biologist or as otherwise specified. Confine construction activities to within the limits of the work indicated or specified.

3.1.1 Flow Ways

Do not alter water flows or otherwise significantly disturb the native habitat adjacent to the project and critical to the survival of fish and wildlife, except as specified and permitted.

3.1.2 Vegetation

Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees or shrubs without the Contracting Officer's permission. Do not fasten or attach ropes, cables, or guys to existing nearby trees for anchorages unless authorized by the Contracting Officer. Where such use of attached ropes, cables, or guys is authorized, the Contractor is responsible for any resultant damage.

Protect existing trees that are to remain to ensure they are not injured, SECTION 01 57 19 Page 15 bruised, defaced, or otherwise damaged by construction operations. Remove displaced rocks from uncleared areas. Coordinate with the Contracting Officer to determine appropriate action for trees and other landscape features scarred or damaged by equipment operations.

3.1.3 Streams

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 must be in compliance with any required permits including, but not limited to, Clean Water Act Section 404, and Section 401 Water Quality.

The Contracting Officer's approval and appropriate permits are required before any equipment will be permitted to ford live streams. In areas where frequent crossings are required, install temporary culverts or bridges. Obtain Contracting Officer's approval prior to installation.

Remove temporary culverts or bridges upon completion of work, and repair the area to its original condition unless otherwise required by the Contracting Officer.

3.2 STORMWATER

Do not discharge stormwater from construction sites to the sanitary sewer. If the water is noted or suspected of being contaminated, it may only be released to the storm drain system if the discharge is specifically permitted. Obtain authorization in advance from the Corps' Project Biologist for any release of contaminated water.

3.2.1 Erosion and Sediment Control Measures

Provide erosion and sediment control measures in accordance with state and local laws and regulations. Preserve vegetation to the maximum extent practicable.

Erosion control inspection reports may be compiled as part of a stormwater pollution prevention plan inspection reports.

Provide erosion and sediment control in accordance with this specification.

3.2.1.1 Erosion Control

Prevent erosion by mulching or Geotextiles. Stabilize slopes by seeding, or such combination of these methods necessary for effective erosion control.

3.2.1.2 Sediment Control Practices

Implement sediment control practices to divert flows from exposed soils, temporarily store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site. Implement sediment control practices prior to soil disturbance and prior to creating areas with concentrated flow, during the construction process to minimize erosion and sediment laden runoff. Include the following devices: silt fence, storm drain inlet protection, Location and details of installation and construction are indicated on the drawings.

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3.2.2 Work Area Limits

Fence isolated areas within the general work area that are not to be disturbed; fence stockpile to minimize public disturbance and allow for safe public passage.

Mark the areas that need not be disturbed under this Contract prior to commencing construction activities. Mark or fence isolated areas within the general work area that are not to be disturbed. Protect monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, any markers must be visible in the dark. Personnel must be knowledgeable of the purpose for marking and protecting particular objects.

3.2.3 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. Move or relocate the Contractor facilities only when approved by the Government. Provide erosion and sediment controls for onsite borrow and spoil areas to prevent sediment from entering nearby waters. Control temporary excavation and embankments for plant or work areas to protect adjacent areas.

3.2.4 Municipal Separate Storm Sewer System (MS4) Management

Comply with the Installation's MS4 permit requirements.

3.3 SURFACE AND GROUNDWATER

3.3.1 Waters of the United States

Do not enter, disturb, destroy, or allow discharge of contaminants into waters of the United States

3.4 PROTECTION OF CULTURAL RESOURCES

The Corps, as a federal agency has certain responsibilities pertaining to the identification and protection of cultural resources. The Federal statutes and regulations authorizing the Corps to undertake these responsibilities include Section 106 of the National Historic Preservation Act, as amended, and the Advisory Council on Historic Preservation Guidelines for the Protection of Cultural and Historic Properties (36 CFR Part 800). Work that the District will undertake in the PED phase has been stipulated in a Programmatic Agreement signed in 2019 by the District, National Park Service (NPS), the New York City Landmarks Preservation Commission (NYCLPC), and the New York State Historic Preservation Office (NYSHPO) heretofore referred to as consulting parties (Enclosure 1).

Stipulation III.A. requires the District to carry out whatever investigations are deemed necessary to determine if the construction of a buried seawall in the project area will adversely affect the built environment or deeply buried archaeological resources.

The District, in consultation with the consulting parties, has determined that the construction of the seawall and other activities associated with Contract 2 (Enclosure 2) has the potential of 1) adversely effecting historic properties through vibration from nearby construction activities and 2) adversely affecting deeply buried archaeological resources. In accordance with the Programmatic Agreement (PA) between the Corps, the

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NYSHPO, and NPS, the Corps is carrying out investigations to identify any cultural resources that may be affected by the project. This entails a review of geotechnical data to determine the areas needed for monitoring during construction further discussed below in Construction Monitoring 3.4.1.

3.4.1 Construction Monitoring

The Contractor shall provide a qualified archaeologist(s) to monitor construction in areas to be discussed with Corps Archaeologist for items that might have historical, archaeological, or cultural value. Prior to initiation of construction the contractor shall hold a meeting between the monitoring archaeologist, the Contracting Officer (KO) and the Corps Archaeologist to discuss the monitoring activities. The monitoring archaeologist shall be meet the Secretary for the Interiors Standards for Archaeology and shall be approved by the Corps Archaeologist prior to work. If during construction activities, the Archaeologist observes unusual items that might have historical, archaeological, or cultural value, such observations shall be reported immediately to the KO who shall notify the Corps Archaeologist. All construction work shall stop. The KO and the staff archaeologist, after consultation with the appropriate entities, shall determine the best way to proceed. If possible and safe to do, the Monitoring Archaeologist shall photograph and/or retrieve the item(s) to be turned over to the Corps Archaeologist.

Should an unanticipated discovery be made during construction activities, whether by the contractor, operator, archaeologist, Corps staff or the public, the following steps shall be followed in the order shown:

i. All construction work shall temporarily cease in the area of the find's origination. Any stockpiled material from the possible source of the find, shall be cordoned off by the contractor and construction will cease in the immediate vicinity until such time as the area has been entirely inspected for additional cultural materials.

ii. The KO will contact the Corps Archaeologist the same day the find is made. If the staff archaeologist can arrive on site before the close of business, they will make a determination on site of the material's historical or archaeological significance or whether further study is required to determine the material's significance. Otherwise the remaining material will be placed in a designated location so that examination of the finds can be made the following day.

3.4.2 Known Resources

The Contractor shall take all reasonable precautions to ensure the work is not conducted in a manner harmful to any Historic Structures/Districts or submerged resources within the project area. Historic Structures are those classified as "Eligible" or "Listed" in the New York's State Historic Preservation Office (SHPO), Cultural Resource Information System (CRIS) database. https://cris.parks.ny.gov and will be noted on the plans. If known historic, archeological, and cultural resources within the Contractor's work area(s) are present, it will be designated as an avoidance area on the contract drawings or other documents. If so designated, install protection for these resources and preserve during the Contract's duration. Do not dredge, spud, or anchor within the designated

SECTION 01 57 19 Page 18 avoidance area. Do not distribute maps or other information on these resource locations except for distribution among the Contractor's staff with a need to know technical responsibility for protecting the resources.

The Contractor's personnel shall be aware of the presence of such buildings/resources and be sufficiently familiar with them as to minimize contact with them during normal construction hours. The following preventative measures must be implemented. Vibration monitoring, as well a buffer will be established around buildings and resources. Should the vibration threshold be exceeded the project archaeologist should be notified and work shall cease until vibration readings return acceptable levels.

3.4.3 Preservation and Recovery of Archaeological Resources

There is the potential to encounter archaeological resources within the area on which the reinforced dune will be placed. Monitoring will be required where soil will require excavation prior to the placement of the reinforced dune stones. Placement of other stones that do not require the earth beneath to be excavated or disturbed will not require monitoring.

The contractor will provide a qualified archaeologist, who meets the standards of 36 CFR Part 61 (Appendix A) to monitor excavations.

The archaeological monitoring will take place when the Contractor is removing soil within and surrounding the dune for the placement of the reinforced dune. Monitoring will continue through the excavation of the entire area needed for the placement of the reinforced dune. Archaeological monitoring will not be required for placement of stones in areas that will not require the removal of soil or other activities that will not require soil disturbance.

If during the excavation, the archaeologist notes any artifacts or soil changes, etc., the archaeologist should, with the Contractor, inform the COR, who should contact the District Archaeologist. The Contractor should stop the excavation in the nature of the find to allow the archaeologist to record soil profiles, and features through photography, drawings, and notes. Cultural material will be bagged appropriately for identification and curation. Results of the archaeological monitoring will be presented in a written report prepared by the archaeologist, which will be provided to the District, who will coordinate it with the New York State Historic Preservation Office.

Should significant materials or features be identified, and it is determined by the archaeologist that further investigation of the area is required, the archaeologist should inform the Contractor, who should involve the District COR and the District archaeologist. The archaeologist, the Contractor and the District COR and District archaeologist shall meet to confirm this requirement and determine the level of effort and time anticipated. The District archaeologist will coordinate this effort with the New York State Historic Preservation Office. This work and a delay in construction related to the need for further archaeological investigation and coordination may require a Change Order.

3.4.4 Unanticipated Discovery

If, during excavation or other construction activities, any previously unidentified or unanticipated historical, archaeological, and cultural

SECTION 01 57 19 Page 19 resources are discovered or found, activities that may damage or alter such resources will be 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 other persons from trespassing on, removing, or otherwise disturbing such resources.