Amend 0010 Plans and Specs.pdf

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PORTMONPIICT5 PORT MONMOUTH PHASE II, CONTRACT 5

Amendment 0010

SECTION 01 56 10

HERBIVORY FENCE

PART 1 GENERAL

1.1 SCOPE OF WORK

Under this Item, the work shall consist of fabrication, installation, and maintenance of a temporary herbivory fence around the cell perimeter of the restored planting areas as directed by the Contracting Officer. These areas will include the low marsh, high marsh and high marsh scrub shrub, maritime forest and dune planting areas in Contracts area 2, 3, and 5. The fence shall serve to discourage waterfowl and deer from grazing on newly planted trees and shrubs.

1.2 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-02 Shop Drawings

Herbivory Fence Layout ; G, RO

SD-03 Product Data

Herbivory Fence Fabric ; G, RO

Fence Posts ; G, RO

Nylon Twine ; G, RO

Mylar Flagging ; G, RO

PART 2 PRODUCTS

2.1 Herbivory Fence Layout

Submit a layout of the herbivory fencing to be located on the low marsh,high marsh, scrub shrub, maritime forest and dune planting areas clearly showing herbivory fence cells and access paths. Marsh plantings will have goose fencing and deer fencing and upland plantings will have deer fencing and protections. Submit drawing 30 days prior to start of work.

2.2 MATERIALS

Unless otherwise herein specified, all materials and methods of construction shall conform with Methods of Construction below.

The fence shall be made of the following materials:

SECTION 01 56 10 Page 1 07/20/22

Fence Posts : 2 inches x 2 inches x 8' (min.) stakes of pointed tipped, untreated hardwood lumber. Stakes must be free from large knots that weaken the strength of the stake. Submit product information 30 days prior to start of work.

Nylon Twine : braided nylon mason's line #18 gauge cord with tensile strength of 150 pounds manufactured by Wellington Company (product number 10484) or approved other. Acceptable colors are white or yellow. Submit product information 30 days prior to start of work.

Mylar Flagging : pieces of mylar flagging/tape (plastic surveyors ribbon/flagging) trailing at least 12 inches from the tie to the fence post, nylon twine, or fence fabric. Mylar flagging is required.

Substitution requires Contracting Officer Representative approval.

Acceptable colors are bright pink, orange or red. Acceptable flagging width is 3/4 inch to 1 inch wide. Submit product information 30 days prior to start of work.

Fence Fabric : Herbivory Fence shall be 6 foot high panel deer exclusion fence, UV-stabilized, minimum 600 lbs/sf breaking strength, or equal item as approved by the Contracting Officer. Submit product information 30 days prior to start of work

Nails: 2 inch hot dipped galvanized roofing nails.

Zip-ties: Zip-ties shall be heavy-duty, UV-stabilized zip-ties that have a minimum tensile strength of 120 pounds.

Location of the Herbivory Fence will be as indicated on the plan sheet notes on the low marsh, high marsh, scrub shrub, maritime forest and dune planting areas.

PART 3 EXECUTION

3.1 METHOD

The herbivory fence shall be installed after final grades in the planting area are completed and approved by the Contracting Officer. Herbivory fence shall be installed prior to or concurrently with the installation of high marsh and scrub shrub, maritime forest and dune plants. Under no circumstances are these plants to be planted outside the containment of a satisfactorily installed herbivory fence.

The planting area shall be divided into cells by single rows of vertical stakes along the cell perimeter. Stakes shall be spaced 810 feet apart along the cell perimeter and pounded vertically into the substrate to a depth of two (2) feet. The herbivory fence shall be installed a minimum of 18 inches away from the first row of plants. The area shall be divided into cells approximately forty-eight (48) feet by forty-eight (48) feet fifty (50) feet by fifty (50) feet . The size of the cells may be adjusted by the Contractors Wetland Scientist, with approval from the COR, as appropriate for the landscaping layout. At least one stake shall also be installed in the interior of each cell as depicted in the herbivory fence detail on plan sheet C-513. Access paths of 2 feet in width shall be provided every 2 cells so that every cell has one side on an access path.

After a section of stakes has been installed, a panel six (6) feet wide by fifty (50) feet long of black deer fence shall be fastened to the top, SECTION 01 56 10 Page 2 middle, and bottom of the stakes with zip-ties. The bottom edge of the black deer fence shall be set at grade or a maximum of one (1) inch above the final grade. The fence shall be securely and permanently fastened to the stakes.

Upon completion of the outer perimeter of deer fence, each section or cell that calls for goose protection will receive interior stakes and nylon twine shall be strung horizontally between the stakes across the top of the planting area in a pattern as shown on the drawings. The nylon twine shall be securely attached to the tops of stakes with zip-ties, and then wrapped around the top of the stake several times to prevent sliding.

Stringing of the nylon twine lines may be done after planting in the section or cell is completed. However, at the end of any workday all planted areas shall be covered. These nylon twine lines are to prevent waterfowl from flying down into the planting area and devouring the newly plantings. It is critical that there be no gaps greater than four (4) feet between strands of nylon twine and/or the top of the fence.

Pieces of brightly colored pink, orange or red mylar or plastic, surveyors ribbon/flagging shall be tied at three (3) foot intervals along the aerial nylon twine. Ribbon must be wrapped twice around line before knotting to prevent slipping. Surveyors ribbon shall also be tied at the same interval of three (3) feet apart along the top strands of nylon twine in order to discourage entry by birds from the air.

There shall be no unused strands of nylon twine, black deer fencing, packaging materials, wood stakes or any other construction debris left on site after fence installation and maintenance.

3.2 MAINTENANCE

During the maintenance period of two full growing seasons for the planted areas, the fence posts, line, and ribbons shall be routinely inspected every week and all damaged areas repaired immediately or as soon as possible. All damages must be completely repaired within one week from the discovery of the damage. In particular, the herbivory fencing shall be maintained such that waterfowl cannot trample the fence or walk into the planting area under the fence. At the conclusion of the maintenance period, the temporary fence and any associated debris becomes the property of the Contractor and must be completely removed and disposed of off-site by the Contractor.

Loss or damage to wetland plants planted within the herbivory fence that results from inadequate or unsatisfactory maintenance shall be replaced at the expense of the Contractor.

-- End of Section --

SECTION 01 56 10 Page 3

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SECTION 01 56 10 Page 4

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/ 15, CHG 4: 08/ 20

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

29 CFR 1910.1053 Respirable Crystalline Silica

29 CFR 1926.1153 Respirable Crystalline Silica

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

40 CFR 112 Oil Pollution Prevention

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

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 263 Standards Applicable to Transporters of Hazardous Waste

40 CFR 268 Land Disposal Restrictions

40 CFR 273 Standards for Universal Waste Management

SECTION 01 57 19 Page 1 07/19/22

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 403 General Pretreatment Regulations for Existing and New Sources of Pollution

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 and waste solvents.

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.

SECTION 01 57 19 Page 2

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 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 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.

1.2.10 Municipal Separate Storm Sewer System (MS4) Permit

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

SECTION 01 57 19 Page 3

1.2.11 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.

1.2.12 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.

1.2.13 Regulated Waste

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

1.2.14 Sediment

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

1.2.15 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:

1.2.15.1 Debris

Debris is non-hazardous solid material generated during the construction, demolition, or renovation of a structure that exceeds 1.5-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.

SECTION 01 57 19 Page 4

1.2.15.2 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.

1.2.15.3 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.

1.2.15.4 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 .

1.2.15.5 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 must be managed in accordance with paragraph HAZARDOUS MATERIAL MANAGEMENT.

1.2.15.6 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.

1.2.15.7 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.

1.2.16 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.

1.2.17 Wastewater

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

SECTION 01 57 19 Page 5

1.2.17.1 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.

1.2.18 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.

1.2.19 Wetlands

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

1.2.20 Universal Waste

The universal waste regulations streamline collection requirements for certain hazardous wastes in the following categories: batteries, 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" or "S" classification. Submittals not having a "G" or "S" classification are for information only. When used, a code following the "G" classification 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

Regulatory Notifications ; G, RO

Environmental Protection Plan ; G, RO

Stormwater Pollution Prevention Plan (SWPPP); G, RO

Stormwater Notice of Intent (for NPDES coverage under the general permit for construction activities); G, RO

Dirt and Dust Control Plan ; G, RO

Employee Training Records

SD-06 Test Reports

SECTION 01 57 19 Page 6

Inspection Reports

Monthly Solid Waste Disposal Report ; G, RO

SD-07 Certificates

Employee Training Records ; G, RO

Erosion and Sediment Control Inspector Qualifications

SD-11 Closeout Submittals

Stormwater Pollution Prevention Plan Compliance Notebook ; G, RO

Stormwater Notice of Termination (for NPDES coverage under the general permit for construction activities); G, RO

Waste Determination Documentation ; G, RO

Assembled Employee Training Records ; G, RO

Solid Waste Management Permit ; G, RO

Project Solid Waste Disposal Documentation Report ; G, RO

Regulatory Notifications ; G, RO

Sales Documentation ; G, RO

As-Built Topographic Survey

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'

SECTION 01 57 19 Page 7

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 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.

The pre-construction survey will include a tree survey for all areas within the limit of disturbance. The survey will identify to species, where feasible, all trees that are greater than six inches in diameter. The survey must also note location coordinates, condition, native/invasive status, size class and diameter at breast height (DBH). The services must be provided under supervision of a New Jersey licensed arborist. The field report must include a map with the location of each tree and a letter report.

The Contractor must prepare a work plan for tree protection in the no disturbance areas identified in the drawings; the work plan must be submitted to the Contracting Officer for review by the project biologist. The services must be provided under supervision of a certified arborist. If tree removal cannot be avoided in the staging area the Contractor must prepare a tree survey and restitution plan, the work plan should be submitted to the Contacting Officer for review. The Trees in the staging area that are greater than six inches in diameter, must be identified by size, type, and health status. The work should be performed by a New Jersey State licensed surveyor. Trees must be replaced at a one to one ratio with native species subject to Contracting Officer approval.

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 and Archaelogist 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, SECTION 01 57 19 Page 8 the Corps' Project Biologist, 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 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 Jersey.

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. 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. 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

SECTION 01 57 19 Page 9 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 stormwater pollution prevention plan, spill control plan, solid waste management plan, wastewater management plan, air pollution control plan, contaminant prevention plan, a historical, archaeological, cultural resources, biological resources and wetlands plan, traffic 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.

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

SECTION 01 57 19 Page 10 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 - Do not fasten or attach ropes, cables, or guys trees for anchorage unless specifically authorized by the Contracting Officer. The Contractor must provide effective protection to prevent damage to the tree and other land and vegetative resources where such special use is permitted. Do not place or use construction equipment or materials within the drip line of trees shown on the drawings to be saved unless approved by the Contracting Officer. Excavation or fill are not permitted within the drip line of trees to be saved except as shown on the drawings. Damage to trees outside of work limits must be prevented through strict adherence to work area limits. Modifications to the work area must be coordinated with the Project Biologist to determine potential tree protection measures to be implemented. Tree protection measures would consist of protective fencing of a minimum height of four feet installed around the tree. The fencing would be spaced away from the tree trunk and follow the drip-line of the tree.

Trees that overhang the work area and have limbs that may be damaged during construction must be pruned by following a three-step pruning process. Refer to Section 32 93 00 EXTERIOR PLANTS.

c. Replacement of damaged landscape features

d. Temporary construction

e. Stream crossings

f. Fish and wildlife resources

Threatened and Endangered Species- Indiana bat and the long-eared bat

- a tree clearing restriction of April 1 through September 30 will be implemented for any trees six inches or greater than diameter at breast height.

Migratory Bird Treaty Act MBTA restricts tree or shrub/scrub removal from March 15 to July 31

g. Wetland areas

1.6.4 Protection of Historical and Archaeological Resources

a. Monitoring of Archaeological Resources

1. There is the potential to encounter remains of a circa 1873

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Raritan and Delaware Bay Railroad depot building toward the southern end of the levee proposed between Port Monmouth Road and the beach as indicated. The area of concern extends from the northern edge of Port Monmouth Road to approximately Station 35+50. An archaeologist will be on-site during the excavation for this levee and associated features in this area. The archaeologist must be allowed time to clear off and document historic resources encountered through drawings, photographs, and notes. The archaeological work will be undertaken by the Corps Project Archaeologist or their consultant. The construction contractor must provide equipment and labor to excavate the area and mechanically implement all necessary safety measures.

2. All excavation will be limited to that required for construction in terms of location and depth. No archaeological work will be undertaken beyond these limits. However, in areas with potential historic resources, the archaeologist can direct the excavation to be performed in a manner that avoids damage to historic resources (such as careful excavation around a buried foundation) or allows the archaeologist to investigate something (such as temporarily halting excavation to examine a fill deposit). Previous archaeological work in this area suggests that archaeological resources, if present, will be encountered to a depth of no more than six-feet below ground surface.

3. Ideally, to facilitate the investigations, this work should be scheduled near the initiation of construction. This will allow the on-site archaeologist time to conduct their work and to address significant resources should any be encountered. Selected locations may need to be left open overnight to allow the archaeologist time to complete their work in a given area.

b. Nature of the Archaeological Work:

1. The excavation areas, locations, and depths will be limited to the extent of the excavation as defined in the Contract Documents.

The archaeologist will be given time to safely enter the excavation area to examine the soils and features that are exposed.

2. The archaeologist may also conduct excavations or clearing of trenches by hand. The archaeologist may record the soil profiles and structural features in the excavated areas through photography, drawings and notes. Cultural material, if present, may be collected and bagged appropriately for identification and curation. Limited screening of the soil removed from the excavated areas may be undertaken. The contractor will not need to be present during the times the archeologist is recording the excavation, except to uncover/cover the excavation areas and install regulated safety measures, as needed.

3. The results of the archaeological monitoring will be presented in a written report which will be coordinated with the New Jersey Historic Preservation Office. The Corps Project Archaeologist will undertake the report and coordination.

1. 4. Archeological work in any single location where a potential historic resource is encountered is anticipated to take between one and two days.

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c. The Contractors Roles and Responsibilities:

1. The contractor shall provide equipment and operating personnel to excavate the area as defined in the construction drawings. The contractor must provide and install all regulated safety measures needed to allow the on-site archaeologist to access the area safely. Shoring may be required, but ideally, the excavation can be sufficiently opened that no shoring will be necessary.

Contractor personnel will not be required once the mechanically assisted excavation is complete and archaeologists have started working in the open area.

2. The contractor must provide equipment and operating personnel to cover the excavations at the end of the workday and uncover them at the start of the workday, as needed. It is anticipated that the excavations may need to be opened/covered on not more than one day at a time. The contractor must provide equipment and operating personnel to backfill the excavated areas at the end of the excavation if required by the Contracting Officer.

d. Archaeologists Roles and Responsibilities:

The on-site archaeologist(s) will be provided by the US Army Corps of Engineers (USACE) and could be a USACE Project Archaeologist or a consultant. The on-site archaeologist(s) will monitor the construction excavation and will examine and document exposed soils and archaeological features. The archaeologist can direct the excavation to be performed to avoid damage to historic resources (such as careful excavation around a buried foundation or temporarily halting excavation to examine a fill deposit).

e. ACTIONS TO BE TAKEN BY ARCHAEOLOGIST SHOULD REMAINS REQUIRING FURTHER

STUDY BE ENCOUNTERED:

1. Should significant materials or features be identified and the USACE Project Archaeologist determines that further investigation of the area is required, the USACE Project Archaeologist, consulting archaeologist as needed, Contractor and Contractor Officer must meet to determine the level of effort and time anticipated. The USACE Project Archaeologist must coordinate this effort with the New Jersey Historic Preservation Office.

2. Delay in construction related to the need for further archaeological investigation and coordination might require a Contract modification.

1.6.5 Stormwater Management and Control

a. Ground cover

b. Erodible soils

c. Temporary measures

(1) Structural Practices

(2) Temporary and permanent stabilization

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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 consists 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

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.

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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.

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 Compliant Materials

Provide the Government a list of 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

SECTION 01 57 19 Page 15 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, required by Section 01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM), 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 New Jersey Department of Environmental Protection: 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 shall 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 Government property.

1.9.1 Monthly Solid Waste 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 Contracting Officer, 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.

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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. 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 to determine appropriate action for trees and other landscape features scarred or damaged by equipment operations. The contractor must replace all healthy, native trees with a DBH greater than six inches that are removed within outside the limit of the Contract at a one-to-one ratio. The contractor must coordinate the replacement with the Contracting Officer and the project biologist. Trees removed in the vegetation free-zone must be replanted to an area, determined in coordination with the Contracting Officer and Project Biologist.

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.