W912PM-16-B-0008_Amendment_0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

A) Change bid opening date from 2 pm EDT, 19 July 2016 to 22 July 2016 2:00pm EDT

B) PLEASE SEE TECHNICAL SUMMARY OF CHANGES.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 12-Jul-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912PM-16-B-0008

X 9B. DATED (SEE ITEM 11)

17-Jun-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

12-Jul-2016

CODE

U S ARMY CORPS OF ENGINEERS

CONTRACTING - WILMINGTON DISTRICT

69 DARLINGTON AVENUE

WILMINGTON NC 28403

W912PM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PM-16-B-0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

The required response date/time has changed from 19-Jul-2016 02:00 PM to 22-Jul-2016 02:00 PM.

SUBCLIN 0014AB

The pricing detail quantity has increased by 7,000.00 from 3,000.00 to 10,000.00.

The following have been modified:

BID SCHEDULE

FY 16-17 Maintenance Dredging Wilmington Harbor Mid-River/MOTSU

Bidding Schedule (Amend 0001)

TOTAL FOR ITEMS 0001 - 0009 $__________________________

OPTIONAL BID ITEMS

TOTAL FOR OPTIONAL BID ITEM #1 $___________________

Lower Big Island Channel

TOTAL FOR OPTIONAL BID ITEM #2 $___________________

Keg Island Channel

TOTAL FOR OPTIONAL BID ITEM #3 $___________________

Upper Midnight Channel

TOTAL FOR OPTIONAL BID ITEM #4 $___________________

Approach Channel Center to North Wharf & North Wharf Turning Basin

TOTAL FOR OPTIONAL BID ITEM #5 $___________________

Security Boat Basin

OVERALL TOTAL FOR ALL $__________________________

OPTIONAL BID ITEMS

OVERALL TOTAL FOR ALL $__________________________

CLIN ITEMS & OPTIONAL BID ITEMS

NOTICE TO BIDDERS

THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE ANY OR ALL OF

THE OPTIONAL BID ITEMS WITHIN 90 CALENDAR DAYS AFTER DATE OF

AWARD.

(AMENDMENT 0002 CHANGE------------------------------------------

THE COMPLETION OF ALL WORK TO INCLUDE ALL OPTIONAL BID

ITEMS, IF EXERCISED, SHALL BE NOT LATER THAN THREE HUNDRED

(300) CALENDAR DAYS AFTER ISSUANCE OF NOTICE TO PROCEED.

PERFORMANCE OF ALL WORK UNDER THIS CONTRACT, INCLUDING

OPTIONAL BID ITEMS, IF AWARDED, SHALL BE COMPLETED IN

ACCORDANCE WITH THE FOLLOWING ENVIRONMENTAL WINDOWS

ACCORDING TO THE LOCATION AND DREDGE USED:

1. FOR SECURITY BOAT BASIN: 1 October – 31 March

2. FOR HOPPER DREDGES:

- Horseshoe Shoal Channel, 1 December – 31 March

- Upstream of Horseshoe Shoal Channel to Upper Lilliput Channel, 1 December – 31 January

- From Upper Lilliput Channel to Wilmington, 1 August to 31 January

3. FOR HYDRAULIC CUTTER SUCTION DREDGES:

- Horseshoe Shoal Channel, NO environmental window

- Upstream of Horseshoe Shoal Channel, 1 August – 31 January

4. FOR MECHANICAL DREDGES (clamshell, dragline or dipper):

NO environmental windows

PRE-AWARD INFORMATION

A contract shall be awarded to a responsible prospective contractor.

Before award, to be determined responsible, a prospective contractor must submit the following information with the bid:

THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH BID

a. Current Financial Statement

b. Furnish a completed Small Business Subcontracting Plan (LARGE BUSINESS ONLY)

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been deleted:

52.232-5001 ALT 1 52.232-5001 Continuing Contracts – Special Continuing

Contract for Civil Works Project Managed by the USACE

[DEVIATION] ALT 1

JAN 2014

(End of Summary of Changes)

Amendment 0003

Technical Summary of Changes

00 01 15 – LIST OF DRAWINGS

Delete existing Attachment 1 Enclosure in its entirety and replace with revised enclosed Page.

01 57 19 – TEMPORARY ENVIRONMENTAL CONTROLS

Delete existing pages 1 thru 38 in their entirety and replace with revised enclosed pages numbered 1 thru 37.

35 20 23 – DREDGING

(1) Delete existing pages 1 thru 16 in their entirety and replace with revised enclosed liked-numbered pages.

(2) Delete existing Attachment 1 Enclosure in its entirety and replace with revised enclosed Page.

NOTE:

Text that is added or revised by this amendment is identified with ***Amendment 0003(beginning and ending of revision/addition), red strike though(delete) all printed in bold.

The text changes may have necessitated reformatting of subsequent

Text or pages. If this is the case, those pages have also been issued as amended pages but are not underlined or bold text.

DRAWINGS

(1) Delete existing Sheet Numbers G101 and CN114 in their entirety and replace with revised enclosed Pages.

(2) ADD Reference Drawings R1 through R15 in their entirety.

-- End of Summary of Changes- -

Encls As Stated

Plate No. Title

GI01 INDEX OF DRAWINGS, PROJECT VICINITY, LOCATION AND DISPOSAL AREA MAPS

CN101 UPPER BIG ISLAND CHANNEL

CN102 LOWER BIG ISLAND CHANNEL

CN103 KEG ISLAND CHANNEL

CN104 LOWER LILLIPUT CHANNEL STA. 0+00 TO STA. 45+00

CN105 LOWER LILLIPUT CHANNEL STA. 45+00 TO STA. 108+24.57

CN106 UPPER MIDNIGHT CHANNEL STA. 0+00 TO STA. 90+00

CN107 UPPER MIDNIGHT CHANNEL STA. 90+00 TO STA. 137+35.95

CN108 HORSESHOE SHOAL CHANNEL

CN109 MILITARY OCEAN TERMINAL DREDGING ACCEPTANCE AREAS

CN110 NORTH WHARF TURNING BASIN, APPROACH CHANNEL CENTER TO NORTH WHARF, & APPROACH CHANNEL NORTH ENTRANCE

CN111 CENTER WHARF TURNING BASIN

CN112 SOUTH WHARF TURNING BASIN, APPROACH CHANNEL SOUTH TO CENTER WHARF, & APPROACH CHANNEL MIDDLE ENTRANCE

CN113 APPROACH CHANNEL SOUTH ENTRANCE

CN114 SECURITY BOAT BASIN

CN115 SECURITY BOAT BASIN DREDGING DISPOSAL AREA

CN116 WILMINGTON OCEAN DREDGED MATERIAL DISPOSAL SITE DISPOSAL ZONES

CN117 MOTSU MAINTENANCE DREDGING DISPOSAL ZONE

CN118 WILMINGTON HARBOR FEDERAL NAVIGATION CHANNEL MAINTENANCE DREDGING DISPOSAL ZONE

CN119 MOTSU DISPOSAL AREA 1 DETAILS

REFERENCE DRAWINGS

R-1 T-1 TITLE SHEET

R-2 G-1 GENERAL NOTES, SHEET 1

R-3 G-2 GENERAL NOTES, SHEET 2

R-4 D-1 EXISTING LAYOUT AND DEMOLITION PLAN

R-5 C-1 SECURITY BOAT HARBOR LAYOUT

R-6 C-2 FLOATING DOCK LAYOUT DETAILS, SHEET 1

R-7 C-3 FLOATING DOCK LAYOUT DETAILS, SHEET 2

R-8 C-4 FLOATING DOCK SECTIONS

R-9 C-5 DETAILS

R-10 C-6 PARTIAL-DEPTH SHEETPILE WALL DETAILS

R-11 E-1 ELECTRICAL LEGEND AND NOTES

R-12 E-2 ELECTRICAL LAYOUT, SHEET 1

R-13 E-3 ELECTRICAL LAYOUT, SHEET 2

R-14 E-4 ONE-LINE, PANEL BOARD SCHEDULE AND DETAILS

R-15 E-5 ELECTRICAL DETAILS

Wilmington Harbor Mid-River (MOTSU)

INDEX OF DRAWINGS

***Amendment 0003***

***Amendment 0003***

Revised by Amendment 0003

Wilm Harbor Mid-River & MOTSU W912PM-16-B-0008 Brunswick & New Hanover Counties, N.C.

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/15

PART 1 GENERAL

1.1 SCOPE

1.2 REFERENCES

1.3 DEFINITIONS

1.3.1 Class I and II Ozone Depleting Substance (ODS)

1.3.2 Contractor Generated Hazardous Waste

1.3.3 Environmental Pollution and Damage

1.3.4 Environmental Protection

1.3.5 Hazardous Debris

1.3.6 Hazardous Materials

1.3.7 Hazardous Waste

1.3.8 Land Application

1.3.9 Oily Waste

1.3.10 Regulated Waste

1.3.11 Solid Waste

1.3.11.1 Debris

1.3.11.2 Non-Hazardous Waste

1.3.12 Surface Discharge

1.3.13 Waters of the United States

1.3.14 Wetlands

1.4 SUBCONTRACTORS

1.5 PAYMENT

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION REQUIREMENTS

1.8 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.9 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.10 QUALITY ASSURANCE

1.10.1 Protection of Features

1.10.2 Non-Compliance Notifications

1.10.3 Regulatory Notifications

1.10.4 Environmental Brief

1.10.5 Environmental Manager

1.10.6 Employee Training Records

1.11 ENVIRONMENTAL PROTECTION PLAN

1.11.1 General Overview and Purpose

1.11.1.1 Duties

1.11.1.2 Procedures

1.11.1.3 Communications

1.11.1.4 Contact Information

1.11.2 General Site Information

1.11.2.1 Drawings

1.11.2.2 Work Area

1.11.2.3 Documentation

1.11.3 Management of Natural Resources

1.11.4 Protection of Historical and Archaeological Resources

SECTION 01 57 19 Page 1 {Revised by Amendment 0003}

1.11.5 Protection of the Environment from Waste Derived from

Contractor Operations

1.11.6 Prevention of Releases to the Environment

1.11.7 Regulatory Notification and Permits

1.11.8 Acknowledgement

1.11.9 Appendix

1.12 ENVIRONMENTAL PERMITS AND COMMMITMENTS

1.12.1 North Carolina Division of Coastal Management (NCDCM)

1.12.2 US Environmental Protection Agency (USEPA)

1.12.3 U.S. Army Corps of Engineers, Regulatory Division

1.12.4 North Carolina Division of Water Resources (DWR)

1.12.5 National Marine Fisheries Service (NMFS)

1.13 ENVIRONMENTAL RECORDS BINDER

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PROTECTION OF NATURAL RESOURCE

3.1.1 Flow Ways

3.1.2 Work Area Limits

3.1.3 Contractor Facilities and Work Areas

3.2 SURFACE AND GROUNDWATER

3.2.1 Waters of the United States

3.3 Turbidity Monitoring

3.3.1 Turbidity Monitoring

3.3.2 Turbidity Monitoring Equipment

3.3.3 Turbidity Monitoring Locations and Schedule

3.3.4 Station Descriptions

3.3.5 Turbidity Schedule

3.3.6 Turbidity Testing and Reporting

3.3.6.1 Testing

3.3.6.2 Reporting

3.3.6.3 Monitoring Report Contents

3.3.7 Turbidity Noncompliance

3.4 DREDGING EQUIPMENT

3.4.1 Hopper Dredge Equipment

3.4.1.1 Inflow (Baskets) and Overflow Screening Requirements

3.4.1.2 Draghead Grating

3.4.1.3 Hopper Dredge Operation

3.4.1.4 Dredging Quality Management

3.5 ENDANGERED SPECIES OBSERVERS (ESOs)

3.5.1 ESO Coverage

3.5.2 ESOs Daily Reporting Requirements

3.5.3 ESOs Incidental Take Notification and Reporting Requirements

3.5.4 Lethal Sea Turtle Incidental Take Shut Down Procedure(from dredging and/or non-capture trawl sweeping operations)

3.6 PROTECTION OF CULTURAL RESOURCES

3.6.1 Archaeological Resources

3.6.2 Historical Resources

3.7 AIR RESOURCES

3.7.1 Particulates

3.7.2 Odors

3.7.3 Noise

3.8 WASTE MINIMIZATION

3.8.1 Recycling And Waste Minimization

3.9 WASTE MANAGEMENT AND DISPOSAL

3.9.1 Solid Waste Management

SECTION 01 57 19 Page 2

3.9.1.1 Solid Wastes

3.9.1.2 Solid Waste Management Report

3.9.1.3 Control and Management of Solid Wastes

3.9.2 Control and Management of Hazardous Waste

3.9.2.1 Hazardous Waste/Debris Management

3.9.2.2 Responsibilities for Contractor's Disposal

3.9.2.2.1 Services

3.9.2.2.2 Samples

3.9.2.2.3 Analysis

3.9.2.2.4 Labeling

3.9.2.3 Contractor Disposal Turn-In Requirements

3.9.2.4 Universal Waste Management

3.9.2.5 Electronics End-of-Life Management

3.9.2.6 Disposal Documentation for Hazardous and Regulated Waste

3.9.3 Releases/Spills of Oil and Hazardous Substances

3.9.3.1 Response and Notifications

3.9.3.2 Clean Up

3.9.4 Mercury Materials

3.9.5 Wastewater

3.9.5.1 Treatment

3.10 HAZARDOUS MATERIAL MANAGEMENT

3.11 PREVIOUSLY USED EQUIPMENT

3.12 MILITARY MUNITIONS

3.13 PETROLEUM, OIL, LUBRICANT (POL) STORAGE AND FUELING

3.13.1 Used Oil Management

3.13.2 Oil Storage Including Fuel Tanks

3.14 INADVERTENT DISCOVERY OF PETROLEUM-CONTAMINATED SOIL OR HAZARDOUS

WASTES

3.15 BIOLOGICAL RESOURCES

3.15.1 Manatees

3.15.2 Migratory Birds

3.15.3 Avoidance of Marine Mammals

3.15.4 Environmental Windows

3.16 POST CONSTRUCTION CLEANUP

ATTACHMENTS:

Attachment 1 - NCDCM Consistency Concurrences, dated June 12, 1995 and June 15, 2000

Attachment 2 - US Environmental Protection Agency authorizations dated December 23, 2014 and October 25, 2013, and extension dated June 16, 2016

Attachment 3 - US Army Corps of Engineers, Regulatory Division authorization dated March 11, 2015, Action ID 201102228, and dated January 9, 2009, Action ID 199800432

Attachment 4 - NCDWR Water Quality Cert No. 3888

Attachment 5 - SAD Protocol and NMFS Biological Opinion dated September 25, 1997 and SARBO continuance letter dated March 21, 2014

Attachment 8 - USFWS Guidelines for Avoiding Impacts to the West Indian Manatee

-- End of Section Table of Contents --

SECTION 01 57 19 Page 3

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/15

PART 1 GENERAL

****Amendment 0001****

1.1 SCOPE

The proposed project involves maintenance dredging of the existing Wilmington Harbor channels (Upper Big Island Channel, Lower Big Island Channel, Keg Island Channel, Lower Lilliput Channel, Upper Midnight Channel,and Horseshoe Shoal Channel) and at the Military Ocean Terminal - Sunny Point (MOTSU) channels and basins, and Security Boat Basin in the Cape Fear River. Dredging of the Wilmington Harbor channels shall be performed by mechanical dredge (clamshell, dragline or dipper), cutter suction/pipeline or hopper dredge. Dredging of the MOTSU channels and Basins shall be performed by mechanical dredge (clamshell, dragline or dipper). Disposal of dredged material from all areas except the Security Boat Basin shall be in the Wilmington Harbor Ocean Dredged Material Disposal Site (ODMDS). Dredging of the MOTSU channels and Basins shall be performed by mechanical dredge (clamshell, dragline or dipper). The work may also include maintenance dredging of the MOTSU Security Boat Basin, which shall be performed by cutter suction dredge with disposal of dredged material in the upland diked Disposal Area 1. Disposal of dredged material from all areas except the Security Boat Basin shall be in the Wilmington Harbor Ocean Dredged Material Disposal Site (ODMDS).

The Contractor shall minimize environmental pollution and damage that may occur as the result of construction operations. 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 environmental Federal, State, and local laws and regulations. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations.

****Amendment 0001****

1.2 REFERENCES

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

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

29 CFR 1910.120 Hazardous Waste Operations and Emergency Response

40 CFR 112 Oil Pollution Prevention

49 CFR 171 General Information, Regulations, and Definitions

SECTION 01 57 19 Page 4

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

49 CFR 172.101 Hazardous Material Regulation-Purpose and Use of Hazardous Material Table

49 CFR 173 Shippers - General Requirements for Shipments and Packagings

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 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 262.31 Standards Applicable to Generators of Hazardous Waste-Labeling

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

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

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

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

40 CFR 268 Land Disposal Restrictions

40 CFR 273.2 Standards for Universal Waste Management - Batteries

40 CFR 273.3 Standards for Universal Waste Management - Pesticides

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

40 CFR 273.5 Standards for Universal Waste Management - Lamps

SECTION 01 57 19 Page 5

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

40 CFR 64 Compliance Assurance Monitoring

49 CFR 171 General Information, Regulations, and Definitions

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

49 CFR 172.101 Hazardous Material Regulation-Purpose and Use of Hazardous Material Table

49 CFR 178 Specifications for Packagings

1.3 DEFINITIONS

1.3.1 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.

http://www.epa.gov/ozone/science/ods/classone.html.

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.

http://www.epa.gov/ozone/science/ods/classtwo.html.

1.3.2 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.

1.3.3 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life;

affect other species of importance to humankind; or degrade the environment aesthetically, culturally or historically.

SECTION 01 57 19 Page 6

1.3.4 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.

1.3.5 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 .

1.3.6 Hazardous Materials

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

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

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

1.3.7 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.

1.3.8 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.

1.3.9 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, SECTION 01 57 19 Page 7 filter residues or sludges, bottom sediments, tank bottoms, and sorbents which have come into contact with and have been contaminated by, POLs and may be appropriately tested and discarded in a manner which is in compliance with other state and local requirements.

This definition includes materials such as oily rags, "kitty litter" sorbent clay and organic sorbent material. These materials may be land filled provided that: It is not prohibited in other state regulations or local ordinances; the amount generated is "de minimus" (a small amount); it is the result of minor leaks or spills resulting from normal process operations; and free-flowing oil has been removed to the practicable extent possible. Large quantities of this material, generated as a result of a major spill or in lieu of proper maintenance of the processing equipment, are a solid waste. As a solid waste, perform a hazardous waste determination prior to disposal. As this can be an expensive process, it is recommended that this type of waste be minimized through good housekeeping practices and employee education.

1.3.10 Regulated Waste

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

1.3.11 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:

1.3.11.1 Debris

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.

1.3.11.2 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.

1.3.12 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.

1.3.13 Waters of the United States

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

1.3.14 Wetlands

Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that

SECTION 01 57 19 Page 8 under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

1.4 SUBCONTRACTORS

The Contractor shall ensure compliance with this section by subcontractors.

1.5 PAYMENT

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

1.6 SUBMITTALS

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

submittals not having a "G, A" designation are for information only. When used, a designation following the "G, A" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G, A

Regulatory Notifications; G

Employee Training Records; G

Environmental Manager Qualifications; G, A

SD-07 Certificates

Employee Training Records;G

SD-11 Closeout Submittals

Hazardous Waste/Debris Management;G

Regulatory Notifications;G

Contractor Certification

Solid Waste Management Report

1.7 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

SECTION 01 57 19 Page 9 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.

1.8 SPECIAL ENVIRONMENTAL REQUIREMENTS

The Contractor shall comply with the special environmental requirements listed in paragraph "ENVIRONMENTAL PERMITS AND COMMITMENTS" and all attachments.

1.9 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 approval by the Contracting Officer and may require an extended review, processing, and approval 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.

1.10 QUALITY ASSURANCE

1.10.1 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 their preservation may cause to the work under the Contract.

1.10.2 Non-Compliance Notifications

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with federal, state or local environmental laws or regulations, permits, and other elements of the Contractor's EPP. After receipt of such notice, inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or equitable adjustments allowed for any such

SECTION 01 57 19 Page 10 suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

1.10.3 Regulatory Notifications

Provide regulatory notification requirements in accordance with federal, state and local regulations. In cases where the Government will also provide public notification , coordinate with the Contracting Officer.

Submit copies of regulatory notifications to the Contracting Officer within 5 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).

1.10.4 Environmental Brief

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 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.

1.10.5 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, and local 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.

1.10.6 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 employee completes a program of classroom instruction or on-the-job training that

SECTION 01 57 19 Page 11 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 EPA and state requirements. Conduct environmental protection/pollution control meetings for personnel prior to commencing construction activities. Contact additional meetings for new personnel and when site conditions change. Include in the training and meeting agenda:

methods of detecting and avoiding pollution; familiarization with statutory and contractual pollution standards; installation and care of devices, vegetative covers, and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control;

anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants; recognition and protection of archaeological sites, artifacts, waters of the United States, and endangered species and their habitat that are known to be in the area.

1.11 ENVIRONMENTAL PROTECTION PLAN

Five (5) days prior to the preconstruction conference, the Contractor shall submit an Environmental Protection Plan (EPP) for review and approval by the Contracting Officer. 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 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. 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:

1.11.1 General Overview and Purpose

1.11.1.1 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.

SECTION 01 57 19 Page 12

1.11.1.2 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.

1.11.1.3 Communications

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

1.11.1.4 Contact Information

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

1.11.2 General Site Information

1.11.2.1 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.

1.11.2.2 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.

1.11.2.3 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.

1.11.3 Management of Natural Resources

a. Land resources

b. Stream crossings

c. Fish and wildlife resources

d. Wetland areas

1.11.4 Protection of Historical and Archaeological Resources

a. Objectives

b. Methods

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1.11.5 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. As a minimum, include the following:

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

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

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

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

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

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

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

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

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

1.11.6 Prevention of Releases to the Environment

Procedures to prevent releases to the environment

Notifications in the event of a release to the environment

1.11.7 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.

****Amendment 0003****

1.11.8 Clean Air Act Compliance

1.11.8.1 Pollution Generating Equipment

Identify air pollution generating equipment or processes that may require federal, state, or local permits under the Clean Air Act. Determine

SECTION 01 57 19 Page 14 requirements based on any current impacts to the project. Provide a list of all fixed or mobile equipment, machinery or operations that could generate air emissions during the project.

1.11.8.2 Stationary Internal Combustion Engines

Identify portable and stationary internal combustion engines that will be supplied, used or serviced. Comply with 40 CFR 60 Subpart IIII, 40 CFR 60 Subpart JJJJ, 40 CFR 63 Subpart ZZZZ, and local regulations as applicable.

At minimum, include the make, model, serial number, manufacture date, size (engine brake horsepower), and EPA emission certification status of each engine. Maintain applicable records and log hours of operation and fuel use. Logs must include reasons for operation and delineate between emergency and non-emergency operation.

1.11.8.3 Compliant Materials

Provide the Government a list of and SDSs for all hazardous materials proposed for use on site. Materials must be compliant with all Clean Air Act regulations for emissions including solvent and volatile organic compound contents, and applicable National Emission Standards for Hazardous Air Pollutants requirements. The Government may alter or limit use of specific materials as needed to meet permit requirements for emissions.

****Amendment 0003****

1.11.8 Acknowledgement

Acknowledgement that the Contractor has read, is familiar with, and will comply with all conditions of the permits and authorizations identified in paragraph "ENVIRONMENTAL PERMITS AND COMMMITMENTS" and the USFWS Guidelines for Avoiding Impacts to the West Indian Manatee identified in paragraph

"MANATEES".

1.11.9 Appendix

Copies of all environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, and termination documents shall be attached, as an appendix, to the EPP. In lieu of an appendix, the Contractor may reference the applicable authorizations in the project specifications.

1.12 ENVIRONMENTAL PERMITS AND COMMMITMENTS

This paragraph supplements the Contractor's responsibility under the contract clause "PERMITS AND RESPONSIBILITIES" to the extent that the Government has obtained ENVIRONMENTAL CLEARANCES AND APPROVALS (Permits), for dredging of the authorized channels and basins and for placement of dredged material in the Wilmington ODMDS and DA 1. No deviations from these clearances are permitted. No placement of materials in waters or wetlands of the United States are permitted outside the disposal limits designated as part of this contract. The Contractor shall be responsible for complying with all environmental permits and commitments required by Federal, State, and local environmental laws and regulations.

The following permits have been obtained by the Government:

SECTION 01 57 19 Page 15

1.12.1 North Carolina Division of Coastal Management (NCDCM)

By letter dated June 12, 1995, NCDCM has concurred that the proposed maintenance dredging of the MOTSU component of the project as described in this contract is consistent with the North Carolina Coastal Management Program.

By letter dated June 15, 2000, NCDCM has concurred that the proposed maintenance dredging of the Wilmington Harbor component of the project as described in this contract is consistent with the North Carolina Coastal Management Program.

These consistency concurrences are included as Attachment 1 - NCDCM Consistency Concurrences, dated June 12, 1995 and June 15, 2000.

****Amendment 0001****

1.12.2 US Environmental Protection Agency (USEPA)

By letter dated December 23, 2014, USEPA concurred that discharge of dredged material from the MOTSU project area into the Wilmington ODMDS meets the criteria for ocean disposal.

By letter dated October 25, 2013 USEPA has concurred that discharge of dredged material from the Mid-River project area into the Wilmington Harbor ODMDS meets the criteria for ocean disposal. Testing of all Wilmington Harbor project area sediments are presently being tested, for the purpose of new USEPA coordination on the acceptability of sediment deposition in the ODMDS. The Wilmington District requested an extension of this authorization, and authorization was received from USEPA by means of letter dated June 16, 2016, also included as Attachment 2.

These concurrences are included as Attachment 2 - US Environmental Protection Agency authorizations dated December 23, 2014 and October 25, 2013, and extension dated June 16, 2016.

****Amendment 0001****

1.12.3 U.S. Army Corps of Engineers, Regulatory Division

By memo dated March 11, 2015, the Wilmington District Corps of Engineers Regulatory Division (Regulatory) renewed Regulatory Permit No. 201102228, which authorized the transport of dredged material from the MOTSU project area to the Wilmington ODMDS.

The dredging of material from the MOTSU project area is authorized by the maintenance dredging condition (p) of the Regulatory Permit No. 199800432, forwarded by memorandum dated January 9, 2009. This authorization remains valid until December 31, 2019.

These permits are included as Attachment 3 - US Army Corps of Engineers, Regulatory Division authorization dated March 11, 2015, Action ID 201102228, and dated January 9, 2009, Action ID 199800432.

1.12.4 North Carolina Division of Water Resources (DWR)

General Water Quality Certification (WQC) number 3888 authorizes return water from an upland confined disposal area.

SECTION 01 57 19 Page 16

By letter dated March 14, 2012, NCDWQ approved the Corps' use of WQC number 3888 for effluent discharged from Disposal Area 1. The approval letter and the WQC are included as Attachment 4 - NCDWR Water Quality Cert No. 3888.

1.12.5 National Marine Fisheries Service (NMFS)

In accordance with Section 7 of the Endangered Species Act (ESA), by letter dated September 25, 1997, NMFS provided a South Atlantic Regional Biological Opinion (SARBBO) for the continued hopper dredging of the channels and borrow areas in the southeastern United States. This SARBO is included in Attachment 5 - NMFS Biological Opinion dated September 25, 1997, and SARBO continuance letter dated March 21, 2014.

The SARBO does not address potential impacts to Atlantic sturgeon, a species that was listed as endangered on February 6, 2012; after the SARBO was prepared.

By letter dated March 21, 2014, NMFS stated that continued dredging conducted in compliance with the 1997 SARBO would adequately manage endangered species (including Atlantic sturgeon) interacting with dredging until a specific consultation is completed. See Attachment 5 - SAD Protocol and NMFS Biological Opinion dated September 25, 1997 and SARBO continuance letter dated March 21, 2014.

1.13 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.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 PROTECTION OF NATURAL RESOURCE

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

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 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.

SECTION 01 57 19 Page 17

3.1.2 Work Area Limits

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

3.1.3 Contractor Facilities and Work Areas

Place field offices, staging areas, stockpile storage, and temporary buildings in areas designated on the drawings or as directed by the Contracting Officer. Move or relocate the Contractor facilities only when approved by the Government.