SSSI Area E_Amendment 7_Rev. Specs 01 57 19_TEMPORARY ENVIRONMENTAL CONTROLS.pdf

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IFB Solicitation: SOUTH SHORE OF STATEN ISLAND, AREA E, New York, Hurricane Sandy Coastal Storm Risk Management Project
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W912DS24B0002
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This document is a section from the specifications for the Coastal Storm Risk Management - Interior Drainage Area E Pond construction project. The key details are:

The project involves the construction of large interior drainage ponds (detention basins), various stormwater drainage structures including box culverts, junction chambers, sluice gates, weir chambers, flap gates, and inlets, and the relocation of existing sanitary sewers. The project will be procured through a firm-fixed price construction contract under NAICS code 237990 - Other Heavy and Civil Engineering Construction, with an estimated value between $100 to $175 million. The solicitation is anticipated to be issued in early to mid-December 2023, with bids due approximately 30 days later. The period of performance is 1,279 calendar days from the notice to proceed. The specifications detail environmental protection requirements, stormwater management, waste management, and other construction-related provisions for the project.

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COASTAL STORM RISK MANAGEMENT - INTERIOR DRAINAGE AREA E POND SBE

SECTION 01 57 19 Page 1

PART 1 GENERAL

1.1 REFERENCES

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/15, CHG 7: 03/24

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. ENVIRONMENTAL PROTECTION AGENCY (EPA)

EPA SW-846 (Third Edition; Update IV) Test Methods for Evaluating Solid Waste:

Physical/Chemical Methods

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

29 CFR 1910.120 Hazardous Waste Operations and Emergency Response

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 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 261.7 Residues of Hazardous Waste in Empty Containers

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

SECTION 01 57 19 Page 2

40 CFR 262.31 Standards Applicable to Generators of

Hazardous Waste-Labeling

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

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 273 Standards for Universal Waste Management

40 CFR 273.2 Standards Batteries for Universal Waste Management -

40 CFR 273.3 Standards Pesticides for Universal Waste Management -

40 CFR 273.4 Standards for Universal Waste Management - Mercury Containing Equipment

40 CFR 273.5 Standards for Universal Waste Management - Lamps

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

49 CFR 178 Specifications for Packagings

SECTION 01 57 19 Page 3

1.2 DEFINITIONS

1.2.1 Class I and II Ozone Depleting Substance (ODS)

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

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

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

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

1.2.2 Contractor Generated Hazardous Waste

Contractor generated hazardous waste is materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene), waste thinners, excess paints, excess solvents, waste solvents, excess pesticides, and contaminated pesticide equipment rinse water.

1.2.3 Electronics Waste

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

1.2.4 Environmental Pollution and Damage

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

1.2.5 Environmental Protection

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

The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and 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 http://www.epa.gov/ozone-layer-protection/ozone-depleting-substances http://www.epa.gov/ozone-layer-protection/ozone-depleting-substances

SECTION 01 57 19 Page 4 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 installations to obtain NPDES permit coverage for their stormwater discharges.

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

SECTION 01 57 19 Page 5 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 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.

1.2.15.2 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 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.

1.2.15.4 Recyclables

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

SECTION 01 57 19 Page 6 contaminated may not be included as recyclable if sold to a scrap metal company. Paint cans that meet the definition of empty containers in accordance with 40 CFR 261.7 may be included as recyclable if sold to a scrap metal company.

1.2.15.5 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.

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.

SECTION 01 57 19 Page 7

1.2.20 Universal Waste

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

40 CFR 273.

1.3 SUBMITTALS

Government approval is required for submittals with a "G" 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; G, RO

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, RODirt and Dust Control Plan; G, RO

Employee Training Records; G, RO

Environmental Manager Qualifications; G, ROSD-06 Test Reports

Laboratory Analysis

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

SECTION 01 57 19 Page 8 general permit for construction activities); G, RO

Waste Determination Documentation; G, RO

Disposal Documentation for Hazardous and Regulated Waste; G, RO

Assembled Employee Training Records; G, RO

Project Solid Waste Disposal Documentation Report; G, RO

Hazardous Waste/Debris Management; G, RO

Regulatory Notifications; G, RO

Sales Documentation; G, RO

Contractor Certification

As-Built Topographic Survey; 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 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 and the Contracting Officer 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

SECTION 01 57 19 Page 9 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 14 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 included in the preconstruction meeting. Provide the following information: types, quantities, and use of hazardous materials that will be brought onto the installation; 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 installation 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 Environmental Manager

Appoint in writing an Environmental Manager for the project site. The Environmental Manager is directly responsible for coordinating contractor compliance with federal, state, local, and installation requirements. The Environmental Manager must ensure compliance with Hazardous Waste Program requirements (including hazardous waste handling, storage, manifesting, and disposal); implement the EPP; ensure environmental permits are obtained, maintained, and closed out; ensure compliance with Stormwater Program requirements; ensure compliance with Hazardous Materials (storage, handling, and reporting) requirements; and coordinate any remediation of regulated substances (lead, asbestos, PCB transformers). This can be a collateral position; however, the person in this position must be trained to adequately accomplish the following duties: ensure waste segregation and storage compatibility requirements are met; inspect and manage Satellite Accumulation areas; ensure only authorized personnel add wastes to containers; ensure Contractor personnel are trained in 40 CFR requirements in accordance with their position requirements; coordinate removal of waste containers; and maintain the Environmental Records binder and required documentation, including environmental permits compliance and close-out. Submit Environmental Manager Qualifications to the Contracting Officer.

1.5.5 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. Ensure every

SECTION 01 57 19 Page 10 employee completes a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures compliance with federal, state and local regulatory requirements for RCRA Large Quantity Generator. Provide a Position Description for each employee, by subcontractor, based on the Davis-Bacon Wage Rate designation or other equivalent method, evaluating the employee's association with hazardous and regulated wastes. This Position Description will include training requirements as defined in 40 CFR 265 for a Large Quantity Generator facility. Submit these Assembled Employee Training Records to the Contracting Officer at the conclusion of the project, unless otherwise directed.

Train personnel to meet 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.

1.5.6 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.

1.5.7 Construction Monitor / Restoration Specialist (CMRS)

The Contractor shall provide a Construction Monitor / Restoration Specialist (CMRS), who shall perform the services set forth below. The Engineer will only be directed to provide a CMRS if the Project involves storm water best management practices (BMP) work.

(a) The CMRS shall monitor and ensure the following:

(1) That all work within the project is in strict conformance with all conditions of the State Department of Environ NYSDEC and the United States Army Corps of Engineers USACE wetland permits and construction contract specifications,

(2) That the contractor is following the NYSDEC required Storm Water Pollution Prevention Plan (SWPPP), and

(3) That the contractor is constructing and/or restoring all BMP work in accordance with the contract specifications. BMP work may include, without limitation, the following: installation of fences to protect natural areas, trees and wetlands, installation and

SECTION 01 57 19 Page 11 maintenance of erosion control measures, dewatering, stabilization of bare soils, protection of natural areas and trees, plant salvage, tree removal, wildlife removal, excavation and stabilization, and landscaping work.

(b) On a daily basis, or as otherwise directed by the Engineer, the CMRS shall submit reports to the Engineer documenting all BMP work and compliance with permit conditions, including a log of all dewatering activities and associated sediment control measures.

Any violation of permit conditions and the remedial actions shall be included in the reports along with color digital photographs.

(c) The CMRS shall prepare all paperwork and drawings necessary for the agency to apply for necessary permit modifications and shall follow up with NYSDEC on the status of the permit. Any drawings shall be reviewed and approved by the Engineer.

(d) The CMRS shall prepare supplemental field sketches for use by the Engineer in preparing non-structural design modifications due to field conditions. Sketches shall be reviewed and approved by the Engineer.

(e) The CMRS shall keep a digital photograph log of the BMP and BMP-related portion of the project. The photo log shall follow the progress of the project in a clear and understandable progression and shall incorporate before, in the project. The CMRS shall use fixed photo points at each site to ensure that before and after photographs are taken from the same location and angle. A digital camera with a minimum resolution of 10.0 megapixels shall be used for photo-documentation purposes. The CMRS shall assemble the completed photo log onto CD or USB and submit it to the Engineer.

(f) The CMRS shall review for accuracy the as-built drawings regarding the BMP work prepared by the Engineer. The CMRS shall ensure that the as-built drawings regarding the BMP work are in accordance with Section 7.414 of the standard BMP specifications.

(g) Monitoring Reports: The CMRS shall prepare and submit a Monitoring Report to DDC following the completion of all planting and associated restoration activities. On an annual basis, the CMRS shall prepare and submit a Monitoring Report until the guarantee period(s) for the plant material has expired, as directed by Resident office. Six (6) copies of each Monitoring Report shall be required.

The CMRS shall examine, monitor, and report on the various components of the restoration and shall incorporate color photographs, color photocopies, graphs, etc., as appropriate. All information shall be reported in a concise format. The Monitoring Report shall include the items set forth below:

(1) Report on all construction activities related to BMP and streambank stabilization,

(2) Report the conditions of the vegetation planted within this Contract,

(3) Quantify survival and cover rates and compare to permit requirements,

(4) Recommend replacement species,

(5) Report observed impacts to existing vegetation,

(6) Report success rates in controlling erosion and sedimentation,

(7) Report voluntary recruitment,

(8) Present recommendations, and

(9) Give general commentary for increasing the success of future Bluebelt restoration projects

SECTION 01 57 19 Page 12

1.5.7.1 Construction Monitor / Restoration Specialist (CMRS) Requirements

The person assigned as the CMRS must meet the following requirements:

1. Have at least 5 years of experience in NYSDEC wetland permit compliance, including familiarity with all NYSDEC wetland regulation and requirements, plus familiarity with other permit requirements, including without limitation, permits from the USACE, NYC Department of Parks and Recreation, and NYC Department of City Planning.

2. Have at least 5 years of experience in supervising the construction and restoration of stormwater best management practices (BMP) work and/or wetland restoration projects.

3. Have proficiency in identifying plant species that are native to the NYC region, as well as invasive plant species.

4. Have at least one of the following certifications: Certified Professional in Erosion & Sediment Control (CPESC); Certificate in Ecology (CE) issued by the Ecological Society of America (ESA).

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 installation's EMS 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 15 days after notice to proceed and not less than 10 days before the preconstruction meeting.

Revise the EPP throughout the project to include any reporting requirements, changes in site conditions, or contract modifications that change the project scope of work in a way that could have an environmental impact. No requirement in this section will relieve the Contractor of any applicable federal, state, and local environmental protection laws and regulations. During Construction, identify, implement, and submit for approval any additional requirements to be included in the EPP. Maintain the current version onsite.

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

1.6.1 General Overview and Purpose

1.6.1.1 Descriptions

A brief description of each specific plan required by environmental permit or elsewhere in this Contract such as, but not limited to, the following:

1. Stormwater Pollution Prevention Plan (SWPPP)

2. Soils Management Plan

3. Wastewater Management Plan

4. Air Pollution Control Plan

5. Historical, Archaeological and Cultural Resources Management Plan

6. Biological Resources and Wetlands Plan

7. Traffic Control Plan

8. Non-Hazardous Solid Waste Disposal Plan

9. Borrow Material Plan

10. Hazardous Disposal Plan<

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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 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

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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

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. If hazardous waste is expected to be generated, The Contracting Officer will provide 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)

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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.

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 Installation 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 installation 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 Installation Environmental Office (Air Program Manager).

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.

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1.6.9.4 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. The Government may alter or limit use of specific materials as needed to meet installation 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.

a. The following permits have been obtained by the Government and are attached at the end of this Section. All of the terms and conditions stated in these permits must be complied with by the Contractor:

(1) Water Quality Certification (including Wetland Permits as part of

RFA)

(2) SPDES Umbrella Permit

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

2.1 JUTE MESH

The Contractor shall furnish and place jute mesh for steep slope protection within areas designated on the plans or where directed by the

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Contracting Officer.

Jute mesh specification:

Property Test Method Typical Value Units

Yard Fiber - Natural fiber woven jute, undyed & unbleached

Yarn Count - Warp - 78 per width min

Weft - 42 per linear yard, min

Color - Natural (Brown, Earth Tone)

Fabric Width - 48" inches

Fabric Weight - 14 oz/sq. yd.

Strands per Warp ASTM D-3775 19.5

Strands per Weft ASTM D-3775 14

Mass per Unit Area ASTM D-3776 Warp 14.7 oz/sq. yd.

Grab Tensile - Dry ASTM D-4632 300 lbs/ft

(modified) Fill 175 lbs/ft

Grab Tensile - Wet ASTM D-4632 Warp 125 lbs/ft

(modified) Fill 65 lbs/ft

Elongation at Break ASTM D-4632 Warp 10 %

(modified) Fill 10 %

Open Area C.O.E. CW 00215 60-65 %

Durability Field Experience 2-Jan %

Water Velocity University Channel Test

8 ft/sec

Unit Shear Test University Channel Test

2.76 lbs/sq. ft.

"C" Factor (1.5:1 Slope) Mannings N

- 0.3 -

Mannings N University Channel Test

0.0237 -

Wire Staples shall consist of 12-inch lengths of No. 11 gauge wire bent to form a "U" or other wire staples as approved.

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Wood Pegs shall be wedge-shaped, approximately 1" x 2" x 6".

Smolder Resistance: The jute mesh shall be treated so as to be smolder resistant, meeting the following conditions:

The cloth shall be made resistant to smoldering and/or after-glow by treatment with non-leaching and non-toxic chemicals. The chemicals must be non-toxic to vegetation and the germination of seed. The chemicals used for this purpose must resist leaching based on the equivalent of two inches of rain. The cloth itself shall bear some identification mark to differentiate it from untreated jute cloth.

Test Method: When a lighted cigarette is placed on the upper or treated-surface of the cloth, neither flame nor after-glow will proceed in any direction more than 12" from the original position of the cigarette after it has burned out completely.

2.1.1 Jute Mesh Installation Method

Jute mesh shall be placed on topsoil perpendicular to slope contours where directed by the Contracting Officer. Jute mesh shall be laid without stretching so that it lies loosely on the soil and in contact with the soil at all points and shall be pressed firmly into the soil surface by rolling or tamping. If seeding is required, it shall be done prior to the installation of the jute mesh.

The upper end of each roll of jute mesh shall be turned and buried to a depth of six (6) inches, with the soil firmly tamped against it. Jute mesh shall have a minimum lap of six (6) inches on all sides. Ends of rolls shall also have a minimum lap of six (6) inches with the upgrade section on top.

Check slots shall be constructed at intervals of 50 feet, unless otherwise directed by placing a fold of jute six (6) inches vertically into the ground with replaced soil tamped firmly against it.

Jute mesh shall be held tightly to the soil by staples or wood pegs driven firmly into the ground. Staples or wood pegs shall be spaced not more than three (3) feet apart, along the sides and center of the jute mesh and not more than one (1) foot apart at roll ends, check slots and at other critical areas as determined by the Contracting Officer.

2.1.2 Maintenance of Jute Mesh

The Contractor shall maintain the areas of jute mesh installation until final acceptance of the contract. Maintenance shall consist of providing protection for jute mesh and repair of areas damaged by equipment, erosion, fire, or other causes, as well as re-establishment of the grade and conditions of the area as specified.

2.1.3 Measuring and Payment for Jute Mesh

The quantity to be measured for payment of jute mesh shall be the number of square feet of surface area on which jute mesh has been installed in accordance with the plans and specifications and directions of the Contracting Officer.

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The Contract price per square feet of Jute Mesh shall be as indicated on the BID SCHEDULE. The bid price shall include the costs for all labor, material, equipment and incidental in accordance with the plans and specifications to the satisfaction of the Contracting Officer.

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, Contractor shall attend a Post Contract Award/Partnering meeting with USACE, NYSDEC, NYCDEP, and other entities as applicable. Note that the Post Contract Award/Partnering meeting is separate from and held in addition to the preconstruction meeting. Prior to commencement of activities, Contractor shall consult with the applicable regulatory Environmental Office, 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. A seasonal restriction for tree and brush removal is in place from 1 April through 30 September in order to comply with the migratory Bird Treaty Act and the Endangered Species Act. If during construction activities the Contractor determines that clearing needs to occur within this seasonal restriction, the Contractor must notify the Contracting Officer immediately so that consultation with the U.S. Fish and Wildlife Service can be conducted.

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 Installation Environmental Office 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 Installation Environmental Office to determine appropriate action for trees and other landscape features scarred or damaged by equipment operations.

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3.1.3 Streams

Stream crossings must allow movement of materials or equipment without violating water pollution control standards of the federal, state, and local governments. Construction of stream crossing structures must be in compliance with any required permits including, but not limited to, Clean Water Act Section 404, and Section 401 Water Quality.

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

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

3.2 STORMWATER

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

3.2.1 Construction General Permit

Provide a Construction General Permit as required by 40 CFR 122.26 or the State of New York General Permit. Under the terms and conditions of the permit, install, inspect, maintain BMPs, prepare stormwater erosion and sediment control inspection reports, and submit SWPPP inspection reports.

Maintain construction operations and management in compliance with the terms and conditions of the general permit for stormwater discharges from construction activities.

3.2.1.1 Stormwater Pollution Prevention Plan

Submit a project-specific Stormwater Pollution Prevention Plan (SWPPP) to the Contracting Officer for approval, within 30 days of Contract Award and prior to the commencement of work. The SWPPP must meet the requirements of 40 CFR 122.26, New York State General Permit, and New York City Stormwater Permitting Program for stormwater discharges from construction sites. The SWPPP must be reviewed and accepted by NYC DEP as well as NYS DEC. The expected review time for NYC DEP is 20 days, or more if revisions are required. NYS DEC may require a 60 day review period. The Contractor shall ensure that the SWPPP is prepared and submitted in a timely manner such that these review periods will not impact the project.

Include the following:

a. Comply with terms of the state general permit for stormwater discharges from construction activities. Prepare SWPPP in accordance with state requirements. Use state

b. Select applicable BMPs from EPA Fact Sheets located at https://www.epa.gov/npdes/national-menu-best-management-practices-bmps-stormwater#constr or in accordance with applicable state or local requirements.

c. Include a completed copy of the Notice of Intent, BMP Inspection http://www.epa.gov/npdes/national-menu-best-management-practices-

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Report Template, and Stormwater Notice of Termination, except for the effective date.

d. If more than 5 acres will be disturbed at one time, the Contractor shall provide additional documentation in conformance with the additional SWPPP Permitting requirements.

e. The Contractor shall register as a user of the Stormwater Permitting and Tracking System (SWPTS) Portal and register as general user. The Contractor shall register for the roles of Contractor and Trained Contractor within the SWPTS Portal. The Contractor shall support the Contracting Officer in appropriately utilizing the SWPTS by providing all requested supporting documentation and information throughout the duration of the project.

3.2.1.2 Stormwater Notice of Intent for Construction Activities

The Contractor shall prepare and submit the Notice of Intent for NPDES coverage under the general permit for construction activities to the Contracting Officer for review.

Submit the NOI and appropriate permit fees onto…

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