W912PM-16-B-0009-0002_signed.pdf

W81LJ861128533

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

W912PM-16-B-0009 ENTITLED MAINTENANCE DREDGING, WILMINGTON HARBOR, OUTER OCEAN BAR, BRUNSWICK AND NEW HANOVER COUNTY, NORTH CAROLINA is hereby amended as follow s:

A.) See Summary of Changes B.) The time and date for bid opening remains unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 23-Jun-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-0009

X 9B. DATED (SEE ITEM 11)

07-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 is extended, X 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

23-Jun-2016

CODE

U S ARMY CORPS OF ENGINEERS

WILMINGTON DISTRICT

ATTN: CHARLENNE FIGGINS

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

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-0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

W912PM-16-B-0009

Amendment 0002

Technical Summary of Changes

01 57 20.00 10 – ENVIRONMENTAL PROTECTION

(1) Delete existing Pages 1 thru 22 in their entirety and replace with revised liked-numbered pages.

(2) Delete existing Attachment 2 COVER SHEET in its entirety and replace with revised page.

(3) ADDED USEPA Letter dated June 16, 2016 in Attachment 2.

NOTE:

Text that is added or revised by this amendment is identified with ***Amendment 0002(beginning and ending of revision/addition) and 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

After Dredging Survey 2015 xyz Files.

-- End of Summary of Changes- -

Encls As Stated

Maint Drdg Wilmington Harbor Outer Ocean Bar W912PM-16-B-0009 Brunswick County, North Carolina

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

1.1 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 Waters of the United States

1.4 GENERAL REQUIREMENTS

1.5 SUBCONTRACTORS

1.6 PAYMENT

1.7 SUBMITTALS

1.8 ENVIRONMENTAL PROTECTION PLAN

1.8.1 Compliance

1.8.2 Contents

1.8.3 Appendix

1.9 PROTECTION FEATURES

1.10 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.11 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.12 NOTIFICATION

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.1.1 North Carolina Division of Coastal Management (NCDCM)

3.1.2 North Carolina Division of Water Resources (NCDWR)

3.1.3 US Environmental Protection Agency (USEPA)

3.1.4 National Marine Fisheries Service (NMFS)

3.1.4.1 Hopper Dredge Equipment

3.1.4.2 Endangered Species Observers (ESOs)

3.1.4.3 Lethal Sea Turtle Incidental Take Shut Down Procedure

3.2 LAND RESOURCES

3.2.1 Work Area Limits

3.2.2 Landscape

3.2.3 Erosion and Sediment Controls

3.2.4 Contractor Facilities and Work Areas

3.3 WATER RESOURCES

3.4 AIR RESOURCES

3.4.1 Particulates

3.4.2 Odors

3.4.3 Noise

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.5.1 Solid Wastes

3.5.2 Chemicals and Chemical Wastes

SECTION 01 57 20.00 10 Page 1 (Revised by Amendment 0002)

3.5.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

3.5.4 Fuel and Lubricants

3.6 RECYCLING AND WASTE MINIMIZATION

3.7 NON-HAZARDOUS SOLID WASTE DIVERSION REPORT

3.8 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.9 BIOLOGICAL RESOURCES

3.9.1 Manatees

3.9.2 Migratory Birds

3.9.3 Avoidance of Marine Mammals

3.9.4 Environmental Windows

3.10 MAINTENANCE OF POLLUTION FACILITIES

3.11 MILITARY MUNITIONS

3.12 TRAINING OF CONTRACTOR PERSONNEL

3.13 POST-CONSTRUCTION CLEANUP

3.14 LIST OF ATTACHMENTS

ATTACHMENTS:

Attachment 1 - NCDCM Consistency Concurrences, dated June 15, 2000

****Amendment 0002**** Attachment 2 - USEPA Certification for ODMDS discharge, dated October 25, 2013, and extension dated June 16, 2016 ****Amendment 0002****

Attachment 3 - NMFS Biological Opinion dated September 25, 1997, and SARBO continuance letter dated March 21, 2014

Attachment 4 - Observation Sheet

Attachment 5 - "Protocol for Collecting Tissue Samples from Turtles for Genetic Analysis"

Attachment 6 - USFWS Guidelines for Avoiding Impacts to the West Indian Manatee

-- End of Section Table of Contents --

SECTION 01 57 20.00 10 Page 2

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

The work consists of maintenance dredging of Wilmington Harbor Baldhead Shoal Channel Reach 3, Southport Channel and Battery Island Channel. The maintenance dredging will require removal and disposal of shoaled material that has accumulated in the channels since they were last dredged. The dredging shall be performed by hopper dredge. The Government furnished disposal area is the Wilmington Harbor Ocean Dredged Material Disposal Site

(ODMDS).

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

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

33 CFR 328 Definitions of Waters of the United States

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 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 68 Chemical Accident Prevention Provisions

49 CFR 171 - 178 Hazardous Materials Regulations

1.3 DEFINITIONS

1.3.1 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, SECTION 01 57 20.00 10 Page 3 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 Waters of the United States

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

1.4 GENERAL REQUIREMENTS

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.

1.5 SUBCONTRACTORS

The Contractor shall ensure compliance with this section by subcontractors.

1.6 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.

1.7 SUBMITTALS

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

SECTION 01 57 20.00 10 Page 4 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

1.8 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 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 task(s). If a listed topic does not apply to the specific project, the Contractor shall include the title of the listed topic and address it as Not Applicable (or N/A) in the EPP. 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. Prior to submittal of the EPP, the Contractor shall meet with the Contracting Officer for the purpose of discussing the implementation of the initial EPP; possible subsequent additions and revisions to the plan including any reporting requirements;

and methods for administration of the Contractor's Environmental Plans.

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 approval 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. Because this project primarily involves water dependent activity, there may be requested items that are not applicable to the specific project (unless there are land-based components of the project). These items 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:

a. Name(s) of person(s) within the Contractor's organization who is(are) responsible for ensuring adherence to the EPP.

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

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

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

SECTION 01 57 20.00 10 Page 5

e. 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 USACE EM 385-1-1. This plan shall include as a minimum:

1. 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, the local Fire Department, and NC Division of Water Resources (910-796-7386), in addition to the legally required Federal, State, and local reporting channels (including the National Response Center at telephone 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.

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

3. Training requirements for Contractor's personnel and methods of accomplishing the training.

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

5. 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.

6. The methods and procedures to be used for expeditious contaminant cleanup.

f. A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal including clearing debris. 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 the construction. The Contractor shall attach a copy of each of the Non-hazardous Solid Waste Diversion Reports to the disposal plan. The report shall be submitted on the first working day after the first quarter that non-hazardous solid waste has been disposed and/or diverted and shall be for the previous quarter (e.g.

the first working day of January, April, July, and October). The report shall indicate the total amount of waste generated and total amount of waste diverted in cubic yards or tons along with the percent that was diverted.

g. 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, and local government sponsored recycling

SECTION 01 57 20.00 10 Page 6 programs to reduce the volume of solid waste at the source.

h. 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 USACE 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. As new hazardous materials are brought on site or removed from the site, the plan shall be updated.

i. A historical, archaeological, cultural resources, biological resources and wetlands plan that defines procedures for identifying and protecting historical, archaeological, cultural resources, biological resources and wetlands known to be on the project site: and/or identifies procedures to be followed if historical archaeological, cultural resources, biological resources and wetlands 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.

j. Acknowledgement that the Contractor has read, is familiar with, and will comply with all conditions of the SAD hopper dredging protocol and the National Dredging Quality Management Program (DQM) requirements addressed below.

1.8.3 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.

1.9 PROTECTION FEATURES

This paragraph supplements the Contract Clause PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite construction activities, the Contractor and the Contracting Officer shall make a joint condition survey. Immediately following the survey, the Contractor shall prepare a brief report including 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. This survey report shall be signed by both the Contractor and the Contracting Officer upon mutual agreement as to its accuracy and completeness. The Contractor shall 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 Contractor's work under the contract.

1.10 SPECIAL ENVIRONMENTAL REQUIREMENTS

The Contractor shall comply with the special environmental requirements listed in the "ENVIRONMENTAL PERMITS AND COMMITMENTS" section (Paragraph ENVIRONMENTAL PERMITS AND COMMITMENTS of this section).

SECTION 01 57 20.00 10 Page 7

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 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.

1.12 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 the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS

NOT USED

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

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 for placement of dredged material in the designated disposal area. Deviations from these clearances are not 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.

3.1.1 North Carolina Division of Coastal Management (NCDCM)

The Corps has determined that the dredging and disposal work as described in this contract was consistent with the North Carolina Coastal Management Program. By letter dated June 15, 2000, NCDCM concurred with the Corps' determination for the Wilmington Harbor ocean bar, provided certain conditions were complied with. The conditioned consistency concurrence is included as Attachment 1 - NCDCM Consistency Concurrences, dated June 15, 2000.

3.1.2 North Carolina Division of Water Resources (NCDWR)

No General Water Quality Certification (WQC) is required as all disposal of dredged material will occur beyond the limits of the State's territorial

SECTION 01 57 20.00 10 Page 8 waters (defined as waters within a marine league, or 3 nautical miles, of the Atlantic Ocean shoreline). The dredging does not require a WQC as there is no regulated discharge, pursuant to the Clean Water Act, resulting from the routine dredging to be conducted during the course of this project.

****Amendment 0002****

3.1.3 US Environmental Protection Agency (USEPA)

By letter dated October 25, 2013 USEPA has determined that disposal in the Wilmington ODMDS of material dredged from the project area is acceptable.

This approval is included as Attachment 2 - USEPA Certification for ODMDS discharge, dated October 25, 2013, and extension dated June 16, 2016. The Wilmington District requested an extension for authorization and authorization was received from USEPA by means of letter dated June 16, 2016.

****Amendment 0002****

3.1.4 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 3 - 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 (Atlantic sturgeon) interacting with dredging until a specific consultation is completed. The March 21, 2014 letter is included in Attachment 3.

3.1.4.1 Hopper Dredge Equipment

Hopper dredge drag heads shall be equipped with rigid sea turtle deflectors that are rigidly attached. No dredging shall be performed by a hopper dredge without a turtle deflector device that has been approved by the Contracting Officer.

A. Deflector Design:

(1) The leading vee-shaped portion of the deflector shall have an included angle of less than 90 degrees. Internal reinforcement shall be installed in the deflector to prevent structural failure of the device. The leading edge of the deflector shall be designed to have a plowing effect of at least 6" depth when the drag head is being operated. Appropriate instrumentation or indicator shall be used and kept in proper calibration to insure the critical "approach angle."

(Information Only Note: The design "approach angle" or the angle of lower drag head pipe relative to the average sediment plane is very important to the proper operation of a deflector. If the lower drag head pipe angle in actual dredging conditions varies tremendously from

SECTION 01 57 20.00 10 Page 9 the design angle of approach used in the development of the deflector, the 6" plowing effect does not occur. Therefore, every effort should be made to insure this design "approach angle" is maintained with the lower drag pipe.)

(2) If adjustable depth deflectors are installed, they shall be rigidly attached to the drag head using either a hinged aft attachment point or an aft trunnion attachment point in association with an adjustable pin front attachment point or cable front attachment point with a stop set to obtain the 6" plowing effect. This arrangement allows fine-tuning the 6" plowing effect for varying depths. After the deflector is properly adjusted there shall be NO openings between the deflector and the drag head that are more than 4" by 4."

B. Inflow (Baskets) and Overflow Screening Requirements:

(1) The Contractor shall install baskets or screening over the hopper inflow(s) and overflow(s) with no greater than 4" x 4" openings.

The method selected shall depend on the construction of the dredge used and shall be approved by the Contracting Officer's Representative prior to commencement of dredging. The screening shall provide 100% screening of the hopper inflow(s) and overflows. The screens and/or baskets shall remain in place throughout the work.

(2) The Contractor shall install and maintain floodlights suitable for illumination of the baskets or screening to allow the observer to safely monitor the hopper basket(s) during non-daylight hours or other periods of poor visibility. Safe access shall be provided to the inflow and overflow baskets or screens to allow the observer to physically inspect for turtles and sturgeons, or parts thereof, and clean the baskets or screens for the next loading cycle.

During periods of time when observers are performing inspections of inflow and overflow baskets or screening, proper lockout/tagout procedures and fall protection (according to Section 01 35 26, GOVERNMENTAL SAFETY REQUIREMENTS) shall be implemented.

C. Hopper Dredge Operation:

(1) The Contractor shall operate the hopper dredge to minimize the possibility of taking sea turtles and to comply with the requirements stated in the Incidental Take Statement provided by the National Marine Fisheries Service in their BO.

(2) The turtle deflector device and inflow screens shall be maintained in operational condition for the entire dredging operation.

(3) When initiating dredging, suction through the dragheads shall be allowed just long enough to prime the pumps, then the dragheads must be placed firmly on the bottom. When lifting the dragheads from the bottom, suction through the dragheads shall be allowed just long enough to clear the lines, and then must cease.

Pumping water through the dragheads shall cease while maneuvering or during travel to/from the disposal area.

(4) Raising the drag head off the bottom to increase suction velocities is not acceptable. The primary adjustment for providing additional mixing water to the suction line should be through water ports. To insure that suction velocities do not drop below appropriate levels, the Contractor's personnel shall monitor production meters

SECTION 01 57 20.00 10 Page 10 throughout the job and adjust primarily the number and opening sizes of water ports. Water port openings on top of the drag head or on raised stand pipes above the drag head shall be screened before they are utilized on the dredging project. If a dredge section includes sandy shoals on one end of a tract-line and mud sediments on the other end of the tract-line, the Contractor shall adjust the equipment to eliminate drag head pick-ups to clear the suction line.

(5) Near the completion of each payment section, the Contractor shall perform sufficient surveys to accurately depict those portions of the acceptance section requiring cleanup. The Contractor shall keep the drag head buried a minimum of 6 inches in the sediment at all times.

Although the over depth prism is not the required dredging prism, the Contractor shall achieve the required prism by removing the material from the allowable over depth prism.

(6) During turning operations the pumps must either be shut off or reduced in speed to the point where no suction velocity or vacuum exists.

(7) These operational procedures are intended to stress the importance of balancing the suction pipe densities and velocities in order to keep from taking sea turtles. The Contractor shall develop a written operational plan to minimize turtle takes and submit it as part of the Environmental Protection Plan.

(8) The Contractor must comply with all requirements of this specification and the Contractor's accepted Environmental Protection Plan. The contents of this specification and the Contractor's Environmental Protection Plan shall be shared with all applicable crew members of the hopper dredge, including Endangered Species Observers.

D. National Dredging Quality Management Program:

All hopper dredges shall be equipped with equipment to provide data required by DQM, formerly known as Silent Inspector (See Section 35 20 23.23 for requirements for DQM).

3.1.4.2 Endangered Species Observers (ESOs)

During dredging operations, Endangered Species Observers (ESOs) approved by the National Oceanic and Atmospheric Administration - Fisheries (NOAA-Fisheries) for sea turtles, sturgeons (shortnose and Atlantic), and whales shall be aboard to monitor for the presence of these species as well as aid in the avoidance of marine mammals. Observers shall also have necessary permits from the State of North Carolina to work with sea turtles and sturgeons prior to project commencement. A list of ESO's that have been NMFS-approved to monitor threatened/endangered species takes by hopper dredges can be obtained by contacting NOAA Fisheries' Northeast Region, Protected Resources Division. The main contact is Ms. Julie Crocker; she can be reached at julie.crocker@noaa.gov or 978-281-9300 ext.6530.

A. Observer Coverage

(1) Observer coverage shall be 100 percent (24hr/day) and shall be conducted year round.

(2) One endangered species observer with at-sea large whale identification experience must be present to conduct daytime whale

SECTION 01 57 20.00 10 Page 11 observations. During transit to and from the disposal area, the observer shall monitor from the bridge during daylight hours for the presence of endangered species, especially the Northern right whale, during the period 1 September through 31 December. Records shall be kept of the date, time, and approximate location of all marine mammal sightings. Care shall be taken not to closely approach any whales or manatees observed during dredging. The observer shall serve as a lookout to alert the vessel pilot of the occurrence of these animals. If any are observed, collisions shall be avoided either through reduced vessel speed, course alteration, or both. During the evening hours, when there is limited visibility due to fog, or when there are sea states of greater than Beaufort 3, the dredge must slow down to 5 knots or less when transiting between areas if whales have been spotted within 15 nm of the vessel's path within 24 previous hours. If a right whale is sighted, the dredge operator shall maintain a 500-yard buffer between the vessel and any whale.

(3) During dredging operations, while dragheads are submerged, the observer shall continuously monitor the inflow and/or overflow screening for turtles and/or turtle parts and sturgeon and/or sturgeon parts. Upon completion of each load cycle, dragheads should be monitored as the draghead is lifted from the sea surface and is placed on the saddle in order to assure that sea turtles that may be impinged within draghead are not lost and un-accounted for. Observers shall physically inspect dragheads and inflow and overflow screening/boxes for threatened and endangered species take. Other abiotic and biotic debris found on the screens during their examination for sea turtle or sturgeon parts shall be recorded and then disposed of so as not to impede the functioning of the screens during the next loading cycle.

B. Observer Daily Reporting Requirements:

(1) The results of the endangered species monitoring shall be recorded on the appropriate observation sheets (Attachment 4 - Observation Sheet). Observation sheets shall be completed regardless of whether any takes of sturgeon, whales, or sea turtles occur. There is a sheet for each load, a daily summary sheet, and a weekly summary sheet.

(2) All endangered species observer reports shall be via fax or email daily to the Contracting Officer and Teresa Bullard (phone:(910)251-4725; fax:(910)251-4653) email:

Teresa.R.Bullard@usace.army.mil) of the Wilmington District Environmental Resources Section.

C. Observer Incidental Take Notification and Reporting Requirements:

(1) Incidents involving the death or injury of any protected species (manatee, sea turtle, sturgeon, or whale) or sighting of any injured or incapacitated protected species should be reported to the Contracting Officer immediately. The Contractor shall prepare and provide to the Contracting Officer written records detailing the incident within 24 hours of its occurrence.

The Contractor shall also immediately report any collision with and/or injury to a manatee to U.S. Fish and Wildlife Service, (919-856-4520 ext. 16), the National Marine Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources

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Commission (252-448-1546).

(2) Incidental Take of Turtles and Sturgeon by a Hopper Dredge:

a. Hopper dredging poses a threat to sea turtles and sturgeon, which are subject to injury or death if they are sucked through the dredging system. If a sea turtle or sturgeon is taken by the dredge (live or dead) the contractor shall email a PDF version of the incidental take report to NOAA-Fisheries Southeast Region at the following email address within 24 hours of the take

- takereport.nmfsser@noaa.gov. A Cc: of the email shall also be provided to the Contracting Officer as well as Teresa Bullard (phone: (910) 251-4725; fax: (910) 251-4653) email:

Teresa.R.Bullard@usace.army.mil) of the Wilmington District Environmental Resources Section.

b. The taking of any sea turtle or sturgeon parts shall be reported to the Contracting Officer and Teresa Bullard (phone:

(910) 251-4725; fax: (910) 251-4653) email:

Teresa.R.Bullard@usace.army.mil) immediately. Dredging of subsequent loads shall not commence until all appropriate reports are completed from the previous dredging load to ensure completeness and thoroughness of documentation associated with the incidental take. Copies of the forms shall be legible. The time, date, and condition (fresh or decaying) of all turtle and sturgeon parts recovered shall be recorded, and the reach dredged shall also be recorded (channel name and station numbers). When multiple parts are taken, the observer shall determine, to the best of his ability, the number of sea turtles or sturgeons the multiple parts represent. The basis for the decision shall be noted (e.g., two left-front flippers, etc.)

c. Dead Turtles/Sturgeon: Upon removal of sea turtle/sturgeon and/or parts from the draghead or screening, observers shall take photographs as to sufficiently document major characteristics of the turtle or turtle parts including but not limited to dorsal, ventral, anterior, and posterior views. For all photographs taken, a backdrop shall be prepared to document the dredge name, observer company name, contract title, time, date, species, load number, location of dredging, and specific location taken (draghead, screening, etc.). For turtles, the carcass/turtle parts shall also be scanned for flipper and Passive Integrated Transponder (PIT) tags. Any identified tags shall be recorded on the "Sea Turtle Incidental Take Form." Turtle/sturgeon parts which cannot be positively identified to species, on board the dredge or barge(s) shall be preserved by the observer(s) for later identification. A tissue sample shall be collected from any lethally taken sea turtle and submitted under the process stated in Attachment 5 - "Protocol for Collecting Tissue Samples from Turtles for Genetic Analysis". All genetic samples collected shall be submitted to NMFS within 30-days of collection and verification of submittal to NMFS shall be provided to the Contracting Officer's representative. After all data collection is complete, the sea turtle/parts should be placed in plastic bags, labeled as to the time, date, and dredged reach of collection, kept frozen, and transported to the National Marine Fisheries Service Laboratory in Beaufort, North Carolina.

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(1) The Contractor shall provide any unidentified sea turtle and sturgeon parts to the North Carolina Wildlife Resources Commission (Matthew Godfrey, (252)728-1528, or Sarah Finn, (910)742-7729) to be identified to species if possible. If positive identification is not possible, specimens shall be recorded as "unidentified sea turtle/sturgeon." After such examination is complete, all parts shall be properly disposed of.

(2) Digital Photographs: All specimens shall be photographed with a digital camera. These photographs shall be attached to respective reports for documentation. The Contractor shall provide a digital camera, with an image resolution capability of at least 300 dpi, in order to photographically report all incidental takes during dredging operations.

Immediately following the incidental take of any threatened or endangered species, images shall be provided, via email, CD, DVD, or USB (thumb/flash/jump drive) to the Contracting Officer's Representative in a .JPG or .TIF format and shall accompany incidental take forms. The nature of findings shall be fully described in the incidental take forms including references to photographs.

d. Live Turtles/Sturgeons: Observers shall photograph any live turtle(s) and sturgeon incidentally taken by the dredge in accordance with above paragraph. For live turtles, observer(s) shall measure, weigh, scan for PIT tags, tag (Iconnel flipper and PIT tags (if PIT tag is not located during scan, and only if observer is qualified to tag using PIT tags)). Observer(s) (or their authorized representative) shall coordinate with the Contracting Officer and the North Carolina Wildlife Resource Commission (Matthew Godfrey or Sarah Finn) to determine the appropriate facility to receive the turtle. If the turtle survives and, after a through assessment has been made by the designated facility that received the turtle, is deemed fit for release, the Contractor shall make arrangements to transport it to the ocean.

If permanently handicapped, the Contractor shall seek a suitable aquarium (eg., Karen Beasley Sea Turtle Hospital - Topsail Beach, North Carolina) for long term care. If none can be found, the turtle shall be released to the ocean after providing acceptable documentation of his search efforts to the Contracting Officer.

3.1.4.3 Lethal Sea Turtle Incidental Take Shut Down Procedure(from dredging and/or trawling operations):

A. In order to assure compliance with the reasonable and prudent measures, terms and conditions, and incidental take statement (ITS) of the 1997 National Marine Fisheries Service (NMFS) South Atlantic Division (SAD) Regional Biological Opinion (RBO), the Corps reserves the right to shut down dredging and/or trawling operations at any time in the event of any lethal incidental sea turtle take to evaluate the current risk of additional take and the implication to the regional

ITS.

B. The Contracting Officer (CO) or Contracting Officers Representative (COR) will inform the Contactor of the Corps' current regional incidental take numbers relative to the NMFS ITS, throughout the duration of the contract, and will advise the Contractor if immediate shutdown upon each incidental take is determined necessary, in the sole discretion of the CO/COR.

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C. In addition to rights under A and B, if the risk of additional sea turtle takes is deemed too high and/or may exceed the NMFS ITS, further hopper dredging may not be allowed. Should a take of 5 sea turtles (of any species mix) occur, for any reason, all hopper dredging work under this contract will be terminated.

D. Not withstanding any other clause in this contract, direction from the CO/COR to stop work pursuant to this procedure shall not entitle the Contractor to an equitable adjustment or reimbursement for work stoppage of 24 hours or less from the time the CO/COR directs the Contractor to stop.

3.2 LAND RESOURCES

The majority of the proposed work will not be conducted on land. However, the following is applicable for any aspect (field offices, staging areas, stockpile storage areas, and temporary buildings) of the project that does occur on land. The Contractor shall confine all activities to areas defined by the drawings and specifications or as directed by the Contracting Officer or his/her designated representative. In addition, the Contractor shall identify any land resources to be preserved within the work area prior to the beginning of any construction. The Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without approval, except in areas indicated on the drawings or specified to be cleared. Ropes, cables, or guys shall not 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 and shall remove stone, soil, or other materials displaced into uncleared areas.

3.2.1 Work Area Limits

Prior to commencing construction activities, the Contractor shall mark the areas that need not be disturbed under this contract. Isolated areas within the general work area that are not to be disturbed shall be marked or fenced. Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, any markers shall be visible in the dark. The Contractor's personnel shall be knowledgeable of the purpose for marking and/or protecting particular objects.

3.2.2 Landscape

Trees, shrubs, vines, grasses, land forms and other landscape features indicated and defined on the drawings to be preserved shall be clearly identified by marking, fencing, or wrapping with boards, or any other approved techniques. The Contractor shall restore landscape features damaged or destroyed during construction operations outside the limits of the approved work area. Restoration shall be to the satisfaction of the Contracting Officer and/or his or her designated representative.

3.2.3 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

SECTION 01 57 20.00 10 Page 15 as a result of the Contractor's construction activities. The area of bare soil exposed at any one time by construction operations should 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.

3.2.4 Contractor Facilities and Work Areas

The Contractor shall construct field offices, staging areas, stockpile storage, and temporary buildings in areas designated on the drawings or as directed by the Contracting Officer and/or his or her designated representative. Temporary movement or relocation of Contractor facilities shall be made only when approved. Erosion and sediment controls shall be provided for onsite borrow and spoil areas to prevent sediment from entering nearby waters. Temporary excavation and embankments for plant and/or work areas shall be controlled to protect adjacent areas.

3.3 WATER RESOURCES

The Contractor shall keep activities under surveillance, management, and control to avoid pollution of any body of surface water, including the ocean, estuaries, rivers, streams, creeks, canals, ditches, lakes, or ponds. For the purpose of this specification, pollution includes spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, dumping, or disposing of harmful substances into the environment. Harmful substances, including, but not limited to, fuels, oils, bitumens, calcium chloride, and acids shall not be allowed to pollute any waters. It is the responsibility of the Contractor to investigate and comply with all applicable Federal, State, and local laws concerning water pollution control. All work under this contract shall be performed in such a manner that objectionable conditions will not be created in any groundwater or surface waters.

It is the responsibility of the Contractor to comply with all Federal and State laws pertaining to dredging and placement of dredged material. In addition, it is the responsibility of the Contractor to assure that no wetlands and/or surface or groundwater are adversely affected by land-based support activities conducted under this contract.

The Contractor is responsible for monitoring all waters affected by operations conducted under this contract. In the event that water quality violations result from the Contractor's operation, the Contractor shall suspend the operation(s) causing the violation, and such suspension shall not form the basis for a claim against the Federal government.

If it is determined that pollutants have been allowed to enter any groundwater or surface water as a result of activities conducted under this contract, the contractor shall take immediate corrective action. Any incident causing water pollution, even if minor, shall be promptly reported to the Contracting Officer.

Any placement or leakage of dredged material, even if unintentional, outside the placement limits designated in this contract or not in compliance with placement criteria in this contract, is the responsibility

SECTION 01 57 20.00 10 Page 16 of the Contractor, and is subject to removal by the Contractor at his own expense upon the request of the Contracting Officer. Upon discovery of such misplaced material, the Contractor shall immediately take corrective action to stop the continued misplacement of dredged material, and shall notify the Contracting Officer for further instructions.

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.

3.4.1 Particulates

Dust particles, aerosols and gaseous by-products from construction activities, and processing and preparation of materials, such as from asphaltic batch plants, shall be controlled at all times, including weekends, holidays and hours when work is not in progress. The Contractor shall maintain excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and other work areas within or outside the project boundaries free from particulates which would cause the Federal and State air emissions and performance laws and standards to be exceeded or which would cause a hazard or a nuisance.

Sprinkling, chemical treatment of an approved type, baghouse, scrubbers, electrostatic precipitators or other methods will be permitted to control particulates in the work area. Sprinkling, to be efficient, must be repeated to keep the disturbed area damp at all times.