01 57 19.pdf

FIMP Contract 1 FIMPCT1

100% SPECIFICATIONS - RTA AMENDMENT 3

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 1910.95 Occupational noise exposure

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 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 262.34 Standards Applicable to Generators of Hazardous Waste-Accumulation Time

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

40 CFR 264 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40 CFR 265 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40 CFR 266 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

40 CFR 268 Land Disposal Restrictions

40 CFR 279 Standards for the Management of Used Oil

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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 403 General Pretreatment Regulations for Existing and New Sources of Pollution

40 CFR 50 National Primary and Secondary Ambient Air Quality Standards

40 CFR 60 Standards of Performance for New Stationary Sources

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

49 CFR 178 Specifications for Packagings

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

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

1.2.2 Environmental Protection

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

The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

1.2.3 Hazardous Materials

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

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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).

1.2.4 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.

1.2.5 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.

1.2.6 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.

1.2.7 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.

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1.2.8 Regulated Waste

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

1.2.9 Sediment

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

1.2.10 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:

1.2.10.1 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.

1.2.10.2 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.

1.2.10.3 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.

1.2.10.4 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 .

1.2.10.5 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

SECTION 01 57 19 Page 4 must be managed in accordance with paragraph HAZARDOUS MATERIAL MANAGEMENT.

1.2.10.6 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.

1.2.10.7 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.

1.2.11 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.

1.2.12 Wastewater

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

1.2.12.1 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.

1.2.13 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.

1.3 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. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Preconstruction Survey

Solid Waste Management Permit ; G, RO

Regulatory Notifications ; G, RO

Environmental Protection Plan ; G, RO

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Dirt and Dust Control Plan ; G, RO

Employee Training Records ; G, RO

SD-07 Certificates

Employee Training Records ; G, RO

SD-11 Closeout Submittals

Disposal Documentation for Hazardous and Regulated Waste ; G, RO

Assembled Employee Training Records ; G, RO

Solid Waste Management Permit ; G, RO

Monthly Solid Waste Management Disposal Report ; G, RO

Hazardous Waste/Debris Management ; G, RO

Regulatory Notifications ; 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.

1.5 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 the Corps' Project Biologist, and take 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

SECTION 01 57 19 Page 6 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 conference. Provide the following information: types, quantities, and use of hazardous materials that will be brought onto the construction 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 the Corps' Project Biologist 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 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.

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

SECTION 01 57 19 Page 7 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. FAR 52.242-14 Suspension of Work provides that a suspension, delay, or interruption of work due to the fault or negligence of the Contractor allows for no adjustments to the contract for time extensions or equitable adjustments. In addition to a suspension of work, the Contracting Officer may use additional authorities under the contract or 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 Corps' Project Biologist 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 conference.

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 air pollution control 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 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.

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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

e. Stream crossings

f. Fish and wildlife resources

g. Wetland areas

1.6.4 Protection of Historical and Archaeological Resources

a. Objectives

b. Methods

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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 Hazardous Waste Management Plan. The Contracting Officer will provide a copy of the 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

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.

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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 the construction site's neighboring 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.

Provide a list of all fixed or mobile equipment, machinery or operations that could generate air emissions during the project to the Contracting Officer.

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 Air Pollution-engineering Processes

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

1.6.9.5 Monitoring

For the protection of public health, monitor and control contaminant emissions to the air from Hazardous, Toxic, and Radioactive Waste remedial action area sources to minimize short-term risks that might be posed to the community during implementation of the remedial alternative in accordance with the following.

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The Contractor must include in the plan the details of environmental monitoring requirements under the laws and regulations and a description of how this monitoring will be accomplished.

1.6.9.6 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. The Government may alter or limit use of specific materials as needed to meet the construction site permit requirements for emissions.

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: 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 and a National Pollutant Discharge Elimination System permit. The Contractor must carry out all terms and conditions for all permits.

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 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 construction site.

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1.9.1 Monthly Solid Waste Management Disposal 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, bruised, defaced, or otherwise damaged by construction operations. Remove displaced rocks from uncleared areas. Coordinate with the Contracting Officer and the Corps' Project Biologist 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.

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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.

3.1.4 Protection of Endangered Species

In order to be exempt from prohibitions of Section 9 of the Endangered Species Act (ESA), Contract Officer Representative (COR) must comply with the following terms and conditions, which implement the reasonable and prudent measures described below (which are anticipated) in addition to the what is outlined in the existing Plans.

National Marine Fisheries Service (NMFS) has determined that the following reasonable and prudent measures are necessary and appropriate to minimize impacts of incidental take of sea turtles or Atlantic sturgeon.

RPMs related to Hopper Dredging Activities

1. NMFS must be contacted within 3 days prior to commencement of hopper dredging and again within 3 days following completion of the dredging activity. Upon contacting NMFS, the USACE must report to NMFS whether:

a. Hopper dredges are outfitted with state-of-the-art sea turtle deflectors on the draghead and operated in a manner that will reduce the risk of interactions with sea turtles or Atlantic sturgeon which may be present in the action area; and,

b. A lookout/bridge watch, knowledgeable in listed species identification, will be present on board the hopper dredge at all times;

2. The USACE will contact NMFS each month of hopper dredging is undertaken.

RPMs related to Mechanical Dredging Activities

3. NMFS must be contacted prior to the commencement of, and subsequent completion of, mechanical dredging activity.

4. The USACE must ensure that an endangered species observer must be present to observe all mechanical dredging activities to monitor for any capture of Atlantic sturgeon.

RPMS for all aspects of the project

5. Measures are taken to protect any turtles that survive impingement on the hopper dredge. All sea turtles captured must be retained until further coordination with NMFS.

6. Measures are taken to protect any sturgeon that survive impingement or entrainment on the hopper or mechanical dredge. All Atlantic sturgeon captured must be retained until further coordination with NMFS.

7. Any dead sturgeon must be transferred to NMFS or an appropriately

SECTION 01 57 19 Page 14 permitted research facility identified by NMFS so that fin clips and a necropsy can be undertaken to attempt to determine the cause of death. Sturgeon should be held in cold storage.

8. Any dead sea turtles must be held until proper disposal procedures can be discussed with NMFS. Turtles should be held in cold storage.

9. All sturgeon and turtle captures, injuries or mortalities associated with the project must be reported to NMFS within 24 hours.

Terms and conditions

In order to be exempt from prohibitions of section 9 of the ESA, USACE must comply with the following terms and conditions, which implement the reasonable and prudent measures described above and outline required reporting/monitoring requirements. These terms and conditions are non-discretionary.

1. To implement RPM #1, the USACE must contact NMFS ((978)-281-9328 or mail: Protected Resources Division, 55 Great Republic Drive, Gloucester, MA 01930). This correspondence will serve both to alert NMFS of the commencement and cessation of dredging activities, to give NMFS an opportunity to provide the USACE with any updated contact information or reporting forms, and to provide NMFS with information of any incidences with listed species.

2. To implement RPM #1(a), hopper dredges must be equipped with the rigid deflector draghead as designed by the USACE Engineering Research and Development Center, formerly the Waterways Experimental Station (WES), or ifthat is unavailable, a rigid sea turtle deflector attached to the draghead. Deflectors must be checked and/or adjusted by a designated expert prior to a dredge operation to insure proper installment and operation during dredging. The deflector must be checked after every load throughout the dredge operation to ensure that proper installation is maintained. Since operator skill is important to the effectiveness of the WES-developed draghead, operators must be properly instructed in its use. Dredge inspectors must ensure that all measures to protect sea turtles are being followed during dredge operations.

3. To implement RPM #1(b), if sea turtles or listed species of whales, aside from right whales, are present during dredging or material transport, vessels transiting the area must post a bridge watch/lookout, avoid intentional approaches closer than 100 yards when in transit, and reduce speeds to below 4 knots if the bridge watch/lookout identifies a listed species in the immediate vicinity of the dredge.

4. To implement RPM #1(b), if a right whale is present during dredging or material transport, vessels transiting the area must post a bridge watch/lookout, and avoid approaches closer than 500 yards when in transit. If the lookout, and thus the vessel finds itself within the 500 yard buffer zone around a right whale, the lookout must notify the vessel operator and the vessel must depart the area immediately at a safe, slow speed, unless one of the exceptions applies (see (50 CFR

224.103 (c)).

5. To implement RPM #1(b), the lookout will inspect the draghead for impinged sea turtles or Atlantic sturgeon each time it is brought up

SECTION 01 57 19 Page 15 from completing a dredge cycle. Should a sea turtle or Atlantic sturgeon be found impinged on the draghead, the incident should be recorded and NMFS contacted. Refer to section 01 56 10.00 18 ENDANGERED SPECIES OBSERVERS (HOPPER DREDGES ONLY) for recording and reporting procedures.

6. To implement RPM #2, the Corps will provide NMFS monthly reports, via email (Danielle.Palmer@noaa.gov) or mail (Protected Resources Division, 55 Great Republic Drive, Gloucester, MA 01930), which will provide information on the number of cubic yards removed during that months activities and the number of animals taken (i.e., via entrainment proxy or visual observation of impingement).

7. To implement RPM #3, the USACE must contact NMFS ((978)-281-9328 or mail: Protected Resources Division, 55 Great Republic Drive, Gloucester, MA 01930)). This correspondence will serve both to alert NMFS of the commencement and cessation of mechanical dredging activities, to give NMFS an opportunity to provide the USACE with any updated contact information or reporting forms, and to provide NMFS with information of any incidences with listed species.

8. To implement RPM #4, for mechanical dredging, the USACE must require that observer coverage is sufficient for 100% monitoring of dredging operations. This monitoring coverage must involve the placement of a NMFS-approved observer on board the dredge for every day that dredging is occurring. The observer must work a shift schedule appropriate to allow for the observation of at least 50% of the dredge loads (e.g., 12 hours on, 12 hours off). The NMFS approved observer must observe all discharges of dredged material from the dredge bucket to the scow. All biological material disposed of must be documented by a NMFS-approved observer as outlined in section 01 56 10.00 18 ENDANGERED SPECIES OBSERVERS (HOPPER DREDGES ONLY). No observers can be deployed to the dredge site until the USACE has written confirmation from NMFS that they have met the qualifications to be a "NMFS-approved observer" as outlined in section 01 56 10.00 18 ENDANGERED SPECIES OBSERVERS (HOPPER DREDGES ONLY). If substitute observers are required during dredging operations, the USACE must ensure that NMFS approval is obtain before those observers are deployed on dredges.

9. To implement RPM #5, the procedures for handling live sea turtles must be followed in the unlikely event that a sea turtle survives impingment on the dredge. NMFS should be contacted immediately to discuss the transfer of the animal to an appropriate permitted rehabilitation facility. Refer to 01 56 10.00 18 ENDANGERED SPECIES OBSERVERS (HOPPER DREDGES ONLY) for recording and reporting procedures.

10. To implement RPM #6, the USACE must ensure any impinged or entrained live sturgeon are collected with a net and are visually inspected for injuries. Unless the size of fish precludes holding, collected fish must be held on board a vessel with a flow through live well. NMFS should then be contacted immediately to discuss the transfer of the animal to an appropriate permitted rehabilitation or research facility where genetic sampling (i.e., fin clip) can be undertaken and proper release can then be undertaken. Should the animal preclude holding on board the vessel, the animal should be placed, via a net, back within the water away from the project site.

11. To implement RPM #7, in the event of any lethal takes of Atlantic

SECTION 01 57 19 Page 16 sturgeon, any dead specimens or body parts must be photographed, measured, and preserved (refrigerate or freeze) until disposal procedures are discussed with NMFS. The sturgeon salvage form must be completed and submitted to NMFS. Refer to 01 56 10.00 18 ENDANGERED SPECIES OBSERVERS (HOPPER DREDGES ONLY) for recording and reporting procedures.

12. To implement RPM #7, if a decomposed Atlantic sturgeon or Atlantic sturgeon body part is entrained/impinged during any dredging operations, the USACE must ensure that an incident report is completed and the specimen is photographed. Any sturgeon parts that are considered 'not fresh' (i.e., they were obviously dead prior to the dredge take (e.g., foul odor; necrotic dark or decaying tissue;

sloughing of scutes; atypical coloration; and/or opaque eyes) and the USACE anticipates that they will not be counted towards the ITS) must be frozen. The USACE must submit an incident report for the decomposed sturgeon part, as well as photographs, to NMFS within 24 hours of the take. Refer to 01 56 10.00 18 ENDANGERED SPECIES OBSERVERS (HOPPER DREDGES ONLY) for recording and reporting procedures. Request concurrence that this take should not be attributed to the Incidental Take Statement. NMFS must have the final say in determining if the take should count towards the Incidental Take Statement.

13. To implement RPM #8, in the event of any lethal takes of sea turtles, any dead specimens or body parts must be photographed, measured, and preserved (refrigerate or freeze) until disposal procedures are discussed with NMFS. Refer to 01 56 10.00 18 ENDANGERED SPECIES OBSERVERS (HOPPER DREDGES ONLY) for recording and reporting procedures.

14. To implement RPM #8, if a decomposed turtle or turtle part is impinged or entrained during any dredging operations, an incident report must be completed and the specimen must be photographed. Any turtle parts that are considered 'not fresh' (i.e., they were obviously dead prior to the dredge take and the USACE anticipates that they will not be counted towards the ITS) must be frozen and transported to a nearby stranding or rehabilitation facility for review. The USACE must ensure that the observer or lookout submits the incident report for the decomposed turtle part, as well as photographs, to NMFS within 24 hours of the take. Refer to 01 56 10.00 18 ENDANGERED SPECIES OBSERVERS (HOPPER DREDGES ONLY) for recording and reporting procedures. Request concurrence that this take should not be attributed to the Incidental Take Statement. NMFS must have the final say in determining if the take should count towards the Incidental Take Statement.

15. To implement RPM #9, the USACE must contact NMFS within 24 hours of any interactions with Atlantic sturgeon or sea turtles, including non-lethal and lethal takes. NMFS will provide contact information annually when alerted of the start of dredging activity. Until alerted otherwise, the USACE should contact Danielle Palmer: by email (danielle.palmer@noaa.gov) or phone (978) 282-8468 or the Section 7 Coordinator by phone (978)281-9328 or fax 978-281-9394). Take information should also be reported by e-mail to:

incidental.take@noaa.gov.

16. To implement RPM #9, the USACE must photograph and measure any Atlantic sturgeon or sea turtles observed during project operations (including whole sturgeon or sea turtles or body parts observed at the

SECTION 01 57 19 Page 17 disposal location or on board the dredge, hopper or scow) and the corresponding form must be completed and submitted to NMFS within 24 hours by fax (978-281-9394) or e-mail (incidental.take@noaa.gov).

Refer to 01 56 10.00 18 ENDANGERED SPECIES OBSERVERS (HOPPER DREDGES ONLY) for recording and reporting procedures.

17. To implement RPM #9, any time a take occurs the USACE must immediately contact NMFS to review the situation. At that time, the USACE must provide NMFS with information on the amount of material dredged thus far and the amount remaining to be dredged during that cycle. Also at that time, the USACE should discuss with NMFS whether any new management measures could be implemented to prevent the total incidental take level from being exceeded and will work with NMFS to determine whether this take represents new information revealing effects of the action that may not have been previously considered.

3.1.4.1 Piping Plover, Least and Roseate Terns

The Contractor must take all reasonable precautions to ensure the work is not conducted in a manner harmful to the Federally endangered piping plover and threatened roseate tern, as well as the New York state threatened least terns. The Contractor's personnel must be aware of the presence of such species and be sufficiently familiar with them so as to minimize contact with them during normal construction hours. The following Conservation Measures must be implemented. Elements include surveys, monitoring, as well as sign posting and buffer establishment of both species. In addition, depending on the location of piping plover territorial, courtship, nesting, or brooding rearing areas, the Contractor may experience brief delays in staging and construction while the effectiveness of established buffer areas is determined.

1) The endangered species monitors should be retained prior to the commencement of the project. Monitoring should occur prior to the start of project in areas containing suitable habitat and should continue until the project is complete or until the end of the least tern and plover breeding season (August 31 for terns and plovers) or until the last chicks are fledged in the project area and adjacent areas (1,000 meters). Piping plover chicks are considered fledged at 35 days of age or observed in sustained flight for at least 45 feet, whichever comes first. Least tern chicks are considered fledged at 20 days of age. Monitoring may be eliminated after July 15 if terns or plovers are not found in the project area or within 1000 meters of the project areas. The project area includes areas where sand is placed and graded, areas used to store and stage equipment, areas used to install and remove dredge pipe, stockpile sites,and areas where machinery is operated.

2) Pre-Construction Activity Survey

No more than one week prior to April 1 or the commencement of any on-site project activity in the project area, the monitors should conduct at least four non-consecutive days of surveys of the project area (landing, staging, operation, sand transport, beach nourishment - i.e., all areas affected by the beach fill activity) for occurrence of territorial, courting, or nesting piping plovers or least terns. Each day's monitoring will consist of two surveys to be conducted during different times of the tidal cycle. Should project initiation be delayed, the surveys should be initiated at least four days prior to the start of the project.

SECTION 01 57 19 Page 18

3) Surveys During Construction Activities (Villages) . In addition to the pre-construction activity surveys, activities authorized by this project conducted after April 1 should be conducted under the supervision of DEC-approved environmental monitors to insure that no disturbance to the federally-listed piping plover or state listed least tern occurs as a result of the authorized activities. The monitors must be present whenever work is underway during daylight hours, maintain daily field notes and report on a weekly basis to the USACE biologist and DEC's Wildlife Office, Attention: Michelle Gibbons (michelle.gibbons@dec.ny.gov) 631 444.0306. If the monitor(s) observe the presence of piping plovers or least terns displaying breeding behaviors (scraping, copulating, territorial displays, etc.) in the construction area or within 1000 meters of the project areas, the monitor(s) must stop the project and immediately contact the Contracting Officer and DEC staff member identified above. If a symbolically-fenced buffer of at least 1000 meters is established between any breeding territory and/or active nest and work activity, and monitoring indicates that piping plovers are no longer disturbed by these construction activities, work may resume after the Contracting Officer and DEC staff is notified. The monitor must coordinate with the Contracting Officer and DEC on the establishment of larger buffers should piping plover or least tern disturbance be observed beyond the 1000-meter buffer area, or if piping plover chicks are observed in the project area.

4) Dredge Disposal Pipe Placement (Villages)

Dredge disposal pipes used in beach fill activities should be placed offshore as much as possible to allow plover chicks unobstructed access to the wrack line, water's edge, and/or other foraging habitats. If plover activity is detected where the pipeline is already on the beach, the pipe should be buried at least three-quarters of its diameter, covered with sand, and a sand ramp created with a slope of 1:10 before hatching so that piping plover chicks can cross the pipe and access their foraging areas unimpeded. The pipe must remain buried and sand ramps must be maintained between April 1 and August 31.

5) Wrackline Disturbance

Wrackline disturbance should not occur in the foraging area of unfledged chicks.

6) Vehicle Movements

All vehicle and/or equipment movement involved in the project, including mobilization and demobilization efforts, must occur outside established buffers and avoid disturbance to piping plovers and least terns.

7) Contractor Compliance with Conditions

The…