9_Section_01_57_20.00_10_Environmental_AM_1.pdf

FY17 CHARLESTON LOWER HARBOR W912HP-17-B-0006

MAINTENANCE DREDGING

SECTION 01 57 20.00 10 PAGE 1

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1. SUMMARY

1.2. REFERENCES

1.3. DEFINITIONS

1.3.1. Environmental Pollution and Damage

1.3.2. Environmental Protection

1.3.3. Contractor Generated Hazardous Waste

1.3.4. Pesticide

1.3.5. Pests

1.3.6. Waters of the United States

1.3.7. Wetlands

1.3.8. Land Application for Discharge Water

1.3.9. Surface Discharge

1.4. PAYMENT

1.4.1. Work Covered By Contract Price

1.4.2. Payment for Non-Capture Trawl Sweeping (Hopper Only)

1.5. SUBCONTRACTORS

1.6. SUBMITTALS

1.7. ENVIRONMENTAL PROTECTION REQUIREMENTS

1.7.1. Environmental Protection

1.7.2. Environmental Litigation

1.7.3. Work in Quarantined Areas

1.8. ENVIRONMENTAL PROTECTION PLAN

1.8.1. Compliance

1.8.2. Contents

1.8.3. Appendix

1.9. TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL

1.10. NONCOMPLIANCE

1.11. ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.12. NOTIFICATION

1.13. QUALITY CONTROL

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1. ENVIRONMENTAL COMMITMENTS

3.2. WATER RESOURCES

3.2.1. Wetlands

3.3. LAND RESOURCES

3.3.1. Erosion and Sediment Controls

SECTION 01 57 20.00 10 PAGE 2

3.4. AIR RESOURCES

3.4.1. Burning

3.5. CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.5.1. Solid Wastes

3.5.2. Chemicals and Chemical Wastes

3.5.3. Contractor Generated Hazardous Wastes/Excess Hazardous Materials

3.5.4. Fuel and Lubricants

3.6. RECYCLING AND WASTE MINIMIZATION

3.7. HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.8. BIOLOGICAL RESOURCES

3.9. PROTECTION OF OYSTER BEDS

3.10. INTEGRATED PEST MANAGEMENT

3.11. PREVIOUSLY USED EQUIPMENT

3.12. EQUIPMENT CLEANSING FOLLOWING COMPLETION OF CONSTRUCTION

3.13. MIGRATORY BIRDS

3.14. COMPLIANCE WITH THE ENDANGERED SPECIES ACT AND THE MARINE MAMMALS

PROTECTION ACT

3.14.1. Endangered Species Observers (Hopper Only)

3.14.2. Operations and Dredging Endangered Species System (ODESS) (Hopper Only)

3.14.3. General Construction Guidelines

3.14.3.1. Dredge Lighting

3.14.4. Manatees

3.14.4.1. Protection of Manatees

3.14.4.2. Time Manatee Conditions Apply

3.14.4.3. Avoidance of Manatees

3.14.4.4. Vessel Speed

3.14.4.5. Sightings and Reporting

3.14.5. Avoidance of Right Whales

3.14.5.1. General

3.14.5.2. Sightings and Reporting

3.14.6. Requirements for the Use of Hopper Dredges to Minimize Impacts to Sea Turtles and Sturgeon

3.14.6.1. Dredging Window for Hopper Dredges

3.14.6.2. Equipment Requirements for Hopper Dredges

3.14.6.2.1. Dragheads

3.14.6.2.2. Baskets or Screening

3.14.6.2.3. Floodlights

3.14.6.3. Hopper Dredge Operation

3.14.6.3.1. Operation

3.14.6.3.2. Priming the Dredge Pump

3.14.6.3.3. Water Ports

3.14.6.3.4. Clean-up Procedures

3.14.6.3.5. Turning Operations

3.14.6.3.6. Hopper Dredge Operations Plan

3.14.6.4. Processing Dead Sea Turtles, Atlantic Sturgeon, and Shortnose

SECTION 01 57 20.00 10 PAGE 3

Sturgeon or Parts

3.14.6.5. Taking of Live Sea Turtles, Atlantic Sturgeon, and Shortnose Sturgeon

3.14.6.6. Movement of Plant to Avoid Turtle Takes

3.14.6.7. Reporting

3.14.7. Hopper Dredging and Turtle Trawling

3.14.7.1. Non-Capture Trawl Sweeping

3.14.7.1.1. Government Option

3.14.7.1.2. Trawling Period

3.14.7.1.3. Trawling Requirements

3.14.7.1.4. Non-Capture Trawl Sweeping Equipment

3.14.7.1.5. Turtle Handling

3.14.7.1.6. Reporting

3.14.7.2. Suspension of Dredging and Non-capture Trawl Sweeping

3.14.7.3. General Guidelines for Corps Discretionary Authority to Initiate Non-Capture Turtle Sweeping

3.14.8. Additional Reporting Requirements

3.14.8.1. Environmental Report

SECTION 01 57 20.00 10 PAGE 4

PART 1 GENERAL

1.1. SUMMARY

The Contractor shall furnish all labor, materials and equipment and perform all work required to prevent environmental pollution and damage as the result of construction operations under this contract and for those measures set forth in other Technical Requirements of these specifications. The Contractor shall minimize environmental pollution and damage that may occur as the result of construction operations. For the purpose of this specification, environmental pollution and damage are defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of plant or animal communities; or degrade the utility of the environment of aesthetic, cultural, or historical perspective. Environmental protection is the prevention/control of pollution and habitat disruption that may occur during construction. The control of environmental pollution and damage requires consideration of air, water, and land, biological and cultural resources; and includes management of visual aesthetics, noise, solid, gaseous, and liquid waste, radiant energy and radioactive materials, and other pollutants. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract. The Contractor shall comply with all applicable Federal, state and local environmental laws and regulations. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations.

1.2. REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

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

33 CFR 328 Definitions

40 CFR 68 Chemical Accident Prevention Provisions

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

49 CFR 171 - 178 Hazardous Materials Regulations

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 U.S. Army Corps on Engineers Safety and Health Requirements Manual

SECTION 01 57 20.00 10 PAGE 5

ER 1110-1-5 (1984) Plant Pest Quarantined Areas and Foreign Soil Samples, ENG Form 1743, ENG Form 1743A

WETLAND MANUAL Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1

1.3. DEFINITIONS

1.3.1. Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare;

unfavorably alter ecological balances of importance to human life; affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically.

1.3.2. Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

1.3.3. Contractor Generated Hazardous Waste

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

1.3.4. Pesticide

Pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant.

1.3.5. Pests

The term “pests” means arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds and other organisms (except for human or animal disease-causing organisms) that adversely affect readiness, military operations, or the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable.

1.3.6. Waters of the United States

All waters which are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328.

1.3.7. Wetlands

Wetlands means those areas that are inundated or saturated by surface or

SECTION 01 57 20.00 10 PAGE 6

ground water 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. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with WETLAND MANUAL.

1.3.8. Land Application for Discharge Water

The term “Land Application” for discharge water implies that the Contractor shall discharge water at a rate that allows the water to percolate in the soil. No soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the “waters of the United States shall occur. Land Application shall be in compliance with all applicable Federal, State, and local laws and regulations.

1.3.9. Surface Discharge

The term “Surface Discharge” implies that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers, creeks, and/or “waters of the United States” and would require a permit to discharge water from the governing agency.

1.4. PAYMENT

The Contractor shall be responsible for payment of fees associated with environmental permits, applications, and/or notices obtained by the Contractor. The Contractor shall also be responsible for payment of all fines and fees for violation of, or non-compliance with, Federal, state, regional, and local laws and regulations. No separate payment will be made for work covered under this section. All other costs associated with this section shall be included in the contract prices for other items of work.

1.4.1. Work Covered By Contract Price

ITEM 0003, COMPLIANCE WITH ENDANGERED SPECIES ACT AND MARINE MAMMALS

PROTECTION ACT (HOPPER ONLY), shall include all costs connected with assuring that dredging operations conducted under this contract do not kill, injure, capture, pursue, harass, or otherwise harm endangered species.

ITEM 0004, NON-CAPTURE TRAWL SWEEPING (24 HOUR DAYS) (HOPPER ONLY), shall include all costs connected with minimizing or reducing taking of turtles during dredging operations.

1.4.2. Payment for Non-Capture Trawl Sweeping (Hopper Only)

Payment for trawling will only be made if the trawling is directed in writing by the Contracting Officer. The use of trawlers for non-capture trawl sweeping work will be made at the applicable contract price listed on the Bid Schedule. Depending on site conditions, only one trawler may be needed or a maximum of one trawler for each hopper dredge may be needed at any one time.

The Contracting Officer will make the determination if a separate trawler is needed for each hopper dredge being used on the job. Measurement for payment for non-capture trawl sweeping will be on a daily basis. A day of trawling is defined as 24 hours of continuous trawling. Trawling shall be performed as described in subparagraph “Hopper Dredging and Turtle Trawling.” Trawling shall be performed 24 hours a day for each 24- hour day as directed in writing by the Contracting Officer. Payment for trawling, as specified herein, will be made at the contract unit price per day on the bid form, which price shall include all costs for furnishing labor, equipment, fuel, SECTION 01 57 20.00 10 PAGE 7 oil, materials, and supplies required for trawling in the vicinity of the dredge as specified; and shall include the cost of reporting as specified.

1.5. SUBCONTRACTORS

The Contractor shall ensure that all subcontractors comply with the requirements of this section.

1.6. 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 this section.

SD-01 Preconstruction Submittals

Environmental Protection Plan (Reference Subsection ENVIRONMENTAL

PROTECTION PLAN); G

SD-06 Test Reports

Manatee Sighting Form (Reference Subparagraph “Sightings and Reporting”)

Operations and Dredging Endangered Species System (ODESS) Forms Located on the ODESS website (Reference Paragraph “Operations and Dredging Endangered Species System”)

Trawling Form, Tagging Form, Load Data Form, Sea Turtle Incidental Take Form, Sturgeon Incidental Take Form, and Large Whale Observation Form shall be used per the ODESS Guidance.

1.7. ENVIRONMENTAL PROTECTION REQUIREMENTS

1.7.1. Environmental Protection

It is the responsibility of the Contractor to investigate and comply with all Federal, state, county, and municipal laws concerning pollution of air and water, and for the protection of public and employee health, and for damages to shellfish, fish, and wildlife. The Contractor shall provide sufficient safeguards to prevent pollution to the waterways by spillage or waste of paints, pesticides, fuels, oils, bitumen, calcium chloride, or other similar materials harmful to public health, water quality, fish, shellfish, or wildlife. The Contractor shall undertake immediate corrective action in response to any violation of applicable environmental protection laws and regulations, or the environmental protection provisions of this section.

Federal immunity, supremacy, or preemption may preclude the application of some state or local laws and regulations.

1.7.2. Environmental Litigation

If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any

SECTION 01 57 20.00 10 PAGE 8

tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the Contract Clause 52.242-14 SUSPENSION OF WORK.

The term “environmental litigation,” as used herein, means a criminal or civil proceeding alleging a violation or potential violation of an environmental law, regulation or ordinance related to the work to be performed under this contract.

1.7.3. Work in Quarantined Areas

The work called for by this contract involves activities in a county quarantined by the Department of Agriculture to prevent the spread of certain plant pests that may be present in the soil. The Contractor agrees that all construction equipment and tools to be moved from such counties shall be thoroughly cleaned of all soil residues at the construction site with water under pressure and that hand tools shall be thoroughly cleaned by brushing or other means to remove all soil. In addition, if this contract involves the identification, shipping, storage, testing, or disposal of soils from such a quarantined area, the Contractor agrees to comply with the provisions of ER 1110-1-5 and attachments, a copy of which will be made available by the Contracting Officer upon request. The Contractor agrees to assure compliance with this obligation by all subcontractors.

1.8. ENVIRONMENTAL PROTECTION PLAN

The Contractor shall submit a written draft EPP for review and acceptance by the Contracting Officer five (5) days prior to the preconstruction conference. The written draft EPP shall detail Contractor’s procedures for protecting the environment. Implementation of the EPP will be discussed at the preconstruction conference along with reporting requirements, possible subsequent additions and revisions, and methods for administration of the plan. The purpose of the EPP is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction. Issues of concern shall be defined within the EPP as outlined in this section. The Contractor shall address each topic at a level of detail commensurate with the environmental issue and required construction tasks.

Topics or issues which are not identified in this section, but which the Contractor considers necessary, shall be identified and discussed after those items formally identified in this section. The EPP shall be current and maintained onsite by the Contractor.

1.8.1. Compliance

No requirement in this Section shall be construed as relieving the Contractor of any applicable Federal, State, and local environmental protection laws and regulations. During Construction, the Contractor shall be responsible for identifying, implementing, and submitting for acceptance any additional requirements to be included in the EPP.

1.8.2. Contents

The EPP shall include, but shall not be limited to, the following (If a particular item is not applicable to specific project, it should nevertheless be included in the EPP, followed by an “N/A” designation and a brief explanation as to why the item is not applicable):

SECTION 01 57 20.00 10 PAGE 9

(a) Name of person within the Contractor's organization who is responsible for ensuring adherence to the EPP. This person shall report directly to the Contractor’s top management and shall have the authority to act for the Contractor in all environmental protection matters.

(b) Name and qualifications of person responsible for manifesting hazardous waste to be removed from the site, if applicable.

(c) Name and qualifications of person responsible for training the Contractor's environmental protection personnel.

(d) Description of the Contractor's environmental protection personnel training program.

(e) A list of the primary Federal, state, local laws, regulations and permits (See ATTACHMENTS) concerning environmental protection that are applicable to the Contractor’s proposed operations and the principal requirements imposed by those laws, regulations, and permits which apply to the work under this contract.

(f) An erosion and sedimentation control plan that identifies the methods the Contractor will use to control sediment runoff and erosion from areas where work is being performed on the disposal area dikes. The plan shall specify the use of temporary erosion and sediment control measures such as grassing, mulching, baled hay or straw, and silt fences in areas where uncontrolled runoff could enter marshes or waterways. The plan must include monitoring and reporting requirements to assure that the control measures are in compliance with the erosion and sediment control plan, Federal, State, and local laws and regulations. A Storm Water Pollution Prevention Plan (SWPPP) may be substituted for this plan.

(g) The Spill Control plan shall include the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under state or local laws and regulations. The Spill Control Plan supplements the requirements of EM 385-1-1. This plan shall include as a minimum:

(h) The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual shall immediately notify the Contracting Officer and U.S. Coast Guard in addition to the legally required Federal, state, and local reporting channels (including the National Response Center 1-800-424-8802) if a reportable quantity is released to the environment. The plan shall contain a list of the required reporting channels and telephone numbers.

(i) The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup.

(j) Training requirements for Contractor's personnel and methods of accomplishing the training.

(k) A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazards identified.

SECTION 01 57 20.00 10 PAGE 10

(l) The names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup, restoration, and material-placement equipment available in case of an unforeseen spill emergency.

(m) The methods and procedures to be used for expeditious contaminant cleanup.

(n) A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal. The plan shall include schedules for disposal. The Contractor shall identify any subcontractors responsible for the transportation and disposal of solid waste.

Licenses or permits shall be submitted for solid waste disposal sites that are not a commercial operating facility. Evidence of the disposal facility's acceptance of the solid waste shall be attached to this plan during construction. Reports shall be submitted on the first working day of each month after non-hazardous solid waste has been disposed. The report shall indicate the total amount of waste generated.

(o) A recycling and solid waste minimization plan with a list of measures to reduce consumption of energy and natural resources. The plan shall detail the Contractor's actions to comply with and to participate in Federal, state, regional, and local government sponsored recycling programs to reduce the volume of solid waste at the source.

(p) An air pollution control plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and do not travel offsite.

(q) A contaminant prevention plan that identifies potentially hazardous substances to be used on the job site; identifies the intended actions to prevent introduction of such materials into the air, water, or ground; and details provisions for compliance with Federal, state, and local laws and regulations for storage and handling of these materials. In accordance with EM 385-1-1, a copy of the Material Safety Data Sheets (MSDS) and the maximum quantity of each hazardous material to be on site at any given time shall be included in the contaminant prevention plan. The plan shall be updated if new hazardous materials are brought on site or removed from the site.

(r) A historical, archaeological, cultural resources, and biological resources plan that identifies procedures to be followed if historical archaeological, cultural resources, and biological resources not previously known to be onsite or in the area are discovered during construction. The plan shall include methods to assure the protection of known or discovered resources and shall identify lines of communication between Contractor personnel and the Contracting Officer.

(s) A biological resources protection plan that defines procedures for identifying and protecting endangered or threatened species, or other biological resources, known to be on the projects site, and/or identifies procedures to be followed if such resources not previously known to be onsite or in the area are discovered during dredging activities. The plan shall include methods to assure the protection of known or discovered resources and shall identify lines

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of communication between Contractor personnel and the Contracting Officer.

1.8.3. Appendix

Copies of all certifications, reports, and termination documents shall be attached, as an appendix, to the EPP.

1.9. TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL

Contractor personnel shall be trained in all phases of environmental protection. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities to insure adequate and continuous environmental pollution control. Quality control and supervisory personnel shall be thoroughly trained in the proper use of monitoring devices and abatement equipment, and shall be thoroughly knowledgeable of Federal, state and local laws and regulations as listed in the EPP submitted by the Contractor. Quality control personnel will be identified in the Quality Control Plan submitted in accordance with SECTION 01 45 04.00 10 CONTRACTOR

QUALITY CONTROL.

1.10. NONCOMPLIANCE

The Contracting Officer will notify the Contractor, in writing, of any observed noncompliance with the aforementioned Federal, state, or local laws and regulations, and other elements of the Contractor’s EPP. This shall not relieve the contractor of the responsibility to comply with the aforementioned Federal, state, or local laws and regulations, and other elements of the Contractor’s EPP. The Contractor shall, after receipt of such notice, inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No extensions shall be granted or costs or damages allowed to the Contractor for any such suspension.

1.11. ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

Any deviations, requested by the Contractor, from the drawings, plans and specifications which may have an environmental impact will be subject to acceptance by the Contracting Officer and may require an extended review, processing, and acceptance time. The Contracting Officer reserves the right to disapprove alternate methods, even if they are more cost effective, if the Contracting Officer determines that the proposed alternate method will have an adverse environmental impact.

1.12. NOTIFICATION

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. The Contractor shall, after receipt of such notice, inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted or equitable adjustments allowed to the Contractor for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with

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the Federal Acquisition Regulation or Federal Law.

1.13. QUALITY CONTROL

The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall record on daily quality control reports or attachments thereto, any problems in complying with laws, regulations and ordinances, and corrective action taken.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1. ENVIRONMENTAL COMMITMENTS

The Contractor shall comply with the requirements of this section. The Contractor shall be responsible for obtaining and complying with any additional environmental permits required by Federal, state, regional, and local environmental laws and regulations. The Contractor shall establish and maintain an effective environmental protection program to insure minimal environmental pollution and damage as the result of construction operations.

In addition, the Contractor shall at all times take such measures as may be required and perform all work in a manner that minimizes the disturbance of or interference with fish and wildlife, or fish and wildlife habitat. The Contractor shall not alter water flows or otherwise disturb native habitat in or adjacent to the project area which, in the opinion of the Contracting Officer, are critical to fish, shellfish, or wildlife. Measures will be taken to prevent polluting or fouling any body of water. The environmental protection program shall consist of plans, procedures, and organization necessary to assure compliance with all aspects of environmental protection.

3.2. WATER RESOURCES

The Contractor shall monitor construction activities to prevent pollution of surface and ground waters. Toxic or hazardous chemicals shall not be applied unless otherwise specified. All water areas affected by construction activities shall be monitored by the Contractor. The Contractor shall not enter, disturb, destroy, or allow discharge of contaminants into any wetlands, except as authorized herein.

3.2.1. Wetlands

The Contractor shall not enter, disturb, destroy, or allow discharge of dredge or fill material (including contaminants) into any waters or wetlands.

The Contractor shall be responsible for the protection of wetlands in accordance with all authorizations referred in subsection ENVIRONMENTAL COMMITMENTS of this section. The Contractor is obligated to protect wetlands within, adjacent to, or in the vicinity of the construction site and associated boundaries. No dredge or fill material of any kind will be placed in any waters or wetlands for any amount of time, including temporarily, without prior consent from the Contracting Officer. Inspections of the pipeline are to be made in accordance with paragraph, “Pipelines”, of Section 35 20 23, DREDGING. If any material is found to have leaked from the pipeline into waters, wetlands, or onto high ground outside the Government furnished disposal areas, the Contractor shall immediately contact the Contracting Officer for direction on how to restore all impacted areas. Restoration shall be performed promptly and to the satisfaction of the Contracting Officer and the appropriate Local, State, and Federal resource agencies. All fines and costs associated with the restoration are the sole responsibility of the

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Contractor.

3.3. LAND RESOURCES

The Contractor shall confine all activities to areas defined by the drawings and specifications. Prior to the beginning of any construction, the Contractor shall identify any land resources to be preserved within the work area. Except in areas indicated on the drawings or specified to be cleared, the Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without approval. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. The Contractor shall provide effective protection for land and vegetation resources at all times as defined in the following subparagraphs. Stone, soil, or other materials displaced into uncleared areas shall be removed by the Contractor.

3.3.1. Erosion and Sediment Controls

The Contractor shall be responsible for providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations. The erosion and sediment controls selected and maintained by the Contractor shall be such that water quality standards are not violated as a result of the Contractor's construction activities. The area of bare soil exposed at any one time by construction operations shall be kept to a minimum. The Contractor shall construct or install temporary and permanent erosion and sediment control best management practices (BMPs) as indicated on the drawings or as directed by the Contracting Officer. BMPs may include, but not be limited to, vegetation cover, stream bank stabilization, slope stabilization, silt fences, construction of terraces, interceptor channels, sediment traps, inlet and outfall protection, diversion channels, and sedimentation basins. Any temporary measures shall be removed after the area has been stabilized.

3.4. AIR RESOURCES

Equipment operation, activities, or processes performed by the Contractor shall be in accordance with all Federal and state air emission and performance laws and standards. Dust particles, aerosols, and gaseous by-products from construction activities shall be controlled at all times, including weekends, holidays and hours when work is not in progress.

Particulate control shall be performed as the work proceeds and whenever a particulate nuisance or hazard occurs.

3.4.1. Burning

Burning will not be allowed on the disposal areas unless authorized in writing by the Contracting Officer. The specific time, location, and manner of burning shall be subject to approval of the Contracting Officer. Approved fires shall be confined to a closed vessel, guarded at all times and have burned out or have been extinguished. Burning shall completely reduce the materials to ashes. Approved burning operations shall be in accordance and compliance with EM-385-1-1, Section 9 FIRE PREVENTION AND PROTECTION.

3.5. CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

Disposal of wastes shall be as directed below, unless otherwise specified in other sections and/or shown on the drawings.

3.5.1. Solid Wastes

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Solid wastes generated by the Contractor (excluding dredged material) shall be placed in containers that are emptied on a regular schedule. Handling, storage, and disposal shall be conducted to prevent contamination.

Segregation measures shall be employed so that no hazardous or toxic waste will become co-mingled with solid waste. The Contractor shall transport solid waste to shore and dispose of it in compliance with Federal, state, and local requirements for solid waste disposal. A Subtitle D RCRA permitted landfill shall be the minimum acceptable off-site solid waste disposal option. The Contractor shall verify that the selected transporters and disposal facilities have the necessary permits and licenses to operate.

3.5.2. Chemicals and Chemical Wastes

Chemicals shall be dispensed ensuring no spillage to the ground or water.

Periodic inspections of dispensing areas to identify leakage and initiate corrective action shall be performed and documented. This documentation will be periodically reviewed by the Government. Chemical waste shall be collected in corrosion resistant, compatible containers. Collection drums shall be monitored and removed to a staging or storage area when contents are within 6 inches of the top. Wastes shall be classified, managed, stored, and disposed of in accordance with Federal, state, and local laws and regulations.

3.5.3. Contractor Generated Hazardous Wastes/Excess Hazardous Materials

Hazardous wastes are defined in 40 CFR 261, or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171-178. The Contractor shall, at a minimum, manage and store hazardous waste in compliance with 40 CFR 262. The Contractor shall take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing. The Contractor shall segregate hazardous waste from other materials and wastes, shall protect it from the weather by placing it in a safe covered location, and shall take precautionary measures against accidental spillage. The Contractor shall be responsible for storage, describing, packaging, labeling, and marking of hazardous waste and hazardous material in accordance with 49 CFR 171 - 178, state, and local laws and regulations. The Contractor shall transport Contractor generated hazardous waste in accordance with the Environmental Protection Agency and the Department of Transportation laws and regulations. The Contractor shall dispose of hazardous waste in compliance with Federal, state and local laws and regulations. Spills of hazardous or toxic materials shall be immediately reported to the Contracting Officer.

Cleanup and cleanup costs due to spills shall be the Contractor's responsibility. Disposal of Contractor generated hazardous waste and excess hazardous materials shall be the responsibility of the Contractor.

3.5.4. Fuel and Lubricants

Storage, fueling and lubrication of equipment and motor vehicles shall be conducted in a manner that affords the maximum protection against spill and evaporation. Fuel, lubricants and oil shall be managed and stored in accordance with all Federal, State, Regional, and local laws and regulations.

Used lubricants and used oil to be discarded shall be stored in marked corrosion-resistant containers and recycled or disposed in accordance with 40 CFR 279, State, and local laws and regulations. Storage of fuel shall be accordance with all Federal, state, and local laws and regulations.

3.6. RECYCLING AND WASTE MINIMIZATION

The Contractor shall participate in State and local government sponsored recycling programs. The Contractor is further encouraged to minimize solid

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waste generation throughout the duration of the project.

3.7. HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

During construction, if any previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, all activities that may damage or alter such resources shall be temporarily suspended. Resources covered by this paragraph include but are not limited to: any human skeletal remains or burials; artifacts; bone, or other deposits; constructed features; and any indication of agricultural or other human activities. Upon such discovery or find, the Contractor shall immediately notify the Contracting Officer so that the appropriate authorities may be notified and a determination made as to their significance and what, if any, special disposition of the finds should be made. The Contractor shall cease all activities that may result in impact to or the destruction of these resources. The Contractor shall secure the area and prevent employees or other persons from trespassing on, removing, or otherwise disturbing such resources.

3.8. BIOLOGICAL RESOURCES

The Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. Species that require specific attention along with measures for their protection will be listed in the Contractor’s EPP prior to the beginning of construction operations. The Contractor shall minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat. The Contractor shall be responsible for the protection of threatened and endangered animal and plant species including their habitat in accordance with Federal, state, regional, and local laws and regulations. Compliance with the Endangered Species Act and Marine Mammals Protection Act shall be in accordance with subsection COMPLIANCE WITH THE ENDANGERED SPECIES ACT AND THE MARINE MAMMALS PROTECTION ACT, below.

3.9. PROTECTION OF OYSTER BEDS

The Contractor shall investigate the location of all oyster beds in all sections of the project area and he will be held responsible for any damage to oysters outside the canal prism and the disposal areas that may be caused by dredging operations under this contract. In the vicinity of oyster beds, greater care will be necessary to prevent the deposit of dredged material or the runback of dredge discharge water within the beds.

3.10. INTEGRATED PEST MANAGEMENT

Pest management is not anticipated to be necessary as part of this contract.

However, should it be, the Contractor shall coordinate with the Contracting Officer at the earliest possible time prior to pesticide application. The Contractor shall discuss integrated pest management strategies with and receive concurrence from the Contracting Officer and the installation of a Pest Management Coordinator prior to the application of any pesticide associated with these specifications. The use and management of pesticides are regulated under 40 CFR 152.186.

3.11. PREVIOUSLY USED EQUIPMENT

U.S. Army Corps of Engineers and the U.S. Department of Agriculture (USDA) have a compliance agreement requiring measures to prevent the spread of certain plant pests that may be present in the soil (ER 1110-1-5). Major

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portions of all southeastern states are in a quarantine area for such pests, including the imported fire ant. In addition, adjacent states to the north have introduced infestations resulting from movement of soil from infested southeastern states. The Contractor shall clean all previously used construction equipment prior to mobilization to project site. The Contractor shall ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds. The Contractor shall consult with the USDA jurisdictional office for additional cleaning requirements.

3.12. EQUIPMENT CLEANSING FOLLOWING COMPLETION OF CONSTRUCTION

The Contractor shall thoroughly clean all construction equipment and tools prior to leaving the project site(s) associated with this contract in a manner that ensures that these implements are free from residual soil, egg deposits from plant pests, noxious weeds, and plant seeds. Equipment shall be cleaned using water under pressure, and hand tools shall be thoroughly cleaned by brushing or other means to remove all soil. The Contractor shall consult with the USDA jurisdiction office for additional cleaning requirements that may be necessary.

3.13. MIGRATORY BIRDS

Migratory Birds are protected under the Migratory Bird Act of 1918, as amended. Although migratory birds are not likely to be encountered during the course of the project, the Contractor is cautioned that he may be held responsible for harming or harassing these birds, their eggs, or their nests as a result of any activities conducted under this contract. If, during any land-based aspects of the project, nesting birds are encountered, the Contracting Officer shall be contacted immediately for instructions.

3.14. COMPLIANCE WITH THE ENDANGERED SPECIES ACT AND THE MARINE MAMMALS

PROTECTION ACT

Species listed by the Federal government as threatened and endangered receive a high level of protection under the Endangered Species Act of 1973 (PL 93- 205), as amended. The main threatened or endangered species that may be encountered in the project area during this project are the West Indian manatee (Trichechus manatus), loggerhead sea turtle (Caretta caretta), green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Atlantic sturgeon (Acipenser oxyrichus), shortnose sturgeon (Acipenser brevirostrum) and North Atlantic Right Whale (Eubalaena glacialis). In addition, all marine mammals, including whales, manatees, porpoises, and dolphins, are protected under the Marine Mammal Protection Act of 1972 (PL 92-522), as amended. Therefore, the Contractor shall take such measures as may be required to assure that any activities conducted as part of this contract do not kill, injure, capture, pursue, harass, or otherwise harm any of these species. Specific types of equipment and operations pose different types of hazards, so specific protective measures will vary.

Incidents involving the death or injury of any protected species or the recovery of any body parts of these species, have specific requirements for agency notification. If a dead, injured, or sick manatee or any other protected species is found in the project area by the Contractor, it shall be left undisturbed and the Contracting Officer shall be notified immediately.

The Contractor shall prepare and furnish to the Contracting Officer written records detailing any such incident involving protected species within 24 hours of its occurrence. The Contractor’s bid shall include all costs of complying with the requirements of these specifications for protection of

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endangered and threatened species. The Contractor shall at all times comply with the requirements of this section. Failure of the Contractor to comply with these specifications is a violation of the Endangered Species Act and could result in prosecution of the Contractor under the Endangered Species Act or the Marine Mammals Protection Act.

3.14.1. Endangered Species Observers (Hopper Only)

For dredging operations being performed with hopper dredges, the Contractor must have NMFS approved endangered species observers onboard each dredge. The observers must have experience in the following: (1) at-sea identification of large whales, (2) sea turtle identification, and (3) shortnose and Atlantic sturgeon identification. The Contractor shall provide the observers with on-board sleeping quarters and meals. Observer coverage is required during 100% of all dredging and transiting operations. During daylight hours, the observers shall monitor for the presence of whales, especially North Atlantic right whales. After each dredge cycle, the observers shall inspect the draghead, and the inflow and overflow screens for sea turtles and sturgeon and/or their remains. The draghead shall be placed in its cradle/saddle for adequate inspection by the observers.

3.14.2. Operations and Dredging Endangered Species System (ODESS) (Hopper Only)

In order to monitor dredging impacts on threatened and endangered aquatic species, the dredge shall be equipped with a contractor-provided, dedicated tablet computer running ODESS software to track and document the presence of sea turtle, sturgeon, and marine mammal endangered species during dredging operations. Additional guidance and requirements can be found in “Operations and Dredging Endangered Species System (ODESS) Guidance” in the ATTACMENTS.

Information on access to various reporting forms, including the Dredge Load Form, Sea Turtle Incident Form, Sturgeon Incident Form, Marine Mammal Observation Form, Trawling Form, and Tagging Form can be found on the ODESS website at http://dqm.usace.army.mil/odess/#/download.

3.14.3. General Construction Guidelines

3.14.3.1. Dredge Lighting

From May 1 through October 31, during sea turtle nesting season, all lighting aboard dredges and dredging equipment operating within 3 nmi of sea turtle nesting beaches (Morris Island and Sullivan’s Island) shall be limited to the minimal lighting necessary to comply with US Coast Guard and/or OSHA requirements. All non-essential lighting shall be minimized through reduction, shielding, lowering and appropriate placement of lights to minimize illumination of the water to reduce potential disorientation of sea turtles.

3.14.4. Manatees

3.14.4.1. Protection of Manatees

Manatees are protected under the Marine Mammal Protection Act of 1972 and the Endangered species Act of 1973. All personnel associated with this project shall be instructed on the potential presence of manatees and the need to avoid collisions with manatees. Personnel will be advised that there are civil and criminal penalties for harming, harassing, or killing manatees. The Contractor may be held responsible for any manatee harmed, harassed, or killed because of construction activities. Failure by the Contractor to http://dqm.usace.army.mil/odess/#/download

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follow the requirements of this specification is a violation of the Endangered Species Act and could result in prosecution of the Contractor under the Endangered Species Act or the Marine Mammals Protection Act.

3.14.4.2. Time Manatee Conditions Apply

The standard manatee conditions shall apply during the time period from 15 April to 15 October of each year.

3.14.4.3. Avoidance of Manatees

It is the responsibility of the Contractor to take necessary precautions to avoid any contact with Florida manatees. If manatees are sighted within 100 yards of the dredging area including any open water disposal area (if any), all appropriate precautions shall be implemented to ensure protection of the manatee. The Contractor shall stop, alter course, or maneuver as necessary to avoid operating moving equipment any closer than 50 feet of the manatee.

Operation of equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment.

3.14.4.4. Vessel Speed

All vessels associated with the project shall operate at “no wake/idle” speeds at all times while in water where the draft of the vessel provides less than four feet clearance from the bottom. Vessels will follow routes of deep water whenever possible.

3.14.4.5. Sightings and Reporting

All manatee sightings in the project area shall be documented on a Manatee Sighting Form (see ATTACHMENTS) and reported to the Contracting Officer within 72 hours. Copies of the Manatee Sighting Form shall be submitted daily to Alan Shirey (phone: 843-329-8166; fax 843-329-2331; email:

alan.d.shirey@usace.army.mil) of the Charleston District Environmental Resources Section. Additionally, the manatee sighting should be reported to South Carolina DNR via their on-line reporting system (http://www.dnr.sc.gov/manatee/sight.htm). In case of physical contact with a manatee or injury to a manatee, the Contractor shall immediately notify by telephone the Contracting Officer's Representative and the South Carolina Department of Natural Resources and Fish and Wildlife Service contacts listed below:

U.S. Fish and Wildlife Service, Melissa Bimbi, 843-727-4707 (Ext. 217)

U.S. Fish and Wildlife Service, Jim Valade, 904-731-3116

South Carolina Department of Natural Resources, Al Segars 843-252-4244 or Darrrell Sipes 803-734-3938. After hours contact the SCDNR Hotline 1-800-922-5431.

3.14.5. Avoidance of Right Whales

3.14.5.1. General

Avoidance of right whales has been included in a Biological Opinion and Incidental Take Statement from the National Marine Fisheries Service (NMFS).

It is the responsibility of the Contractor to take necessary precautions to avoid any contact with right whales and to avoid approaching a right whale closer than 1,000 feet.