A21_-_W912PM-17-B-0006_Amendment_1,_AIWW_Snows_Cut_Erosion_Control.pdf

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Atlantic Intracoastal Waterway Snows Cut Erosion Repair
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COASTAL RESIDENT OFFICE

69 DARLINGTON AVENUE

WILMINGTON NC 28403

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 update the plans and specifications. See the technical summary of changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 24-Aug-2017

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-17-B-0006

X 9B. DATED (SEE ITEM 11)

09-Aug-2017

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

24-Aug-2017

CODE

U S ARMY CORPS OF ENGINEERS, WILMINGTON

WILMINGTON DISTRICT

ATTN: CONTRACTING DIVISION

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

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

4. REQUISITION/PURCHASE REQ. NO.

CODE W912PM

FACILITY CODECODE

EMAIL:TEL:

W912PM-17-B-0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SUMMARY OF CHANGES

(End of Summary of Changes)

W912PM-17-B-0006

Amendment 0001

Technical Summary of Changes

01 57 19 – TEMPORARY ENVIRONMENTAL CONTROLS

(1) Delete existing Pages 1 thru 25 in their entirety and replace with revised liked-numbered pages.

(2) ADD Attachments 2 and 3 COVER SHEETs and Enclosures in their entirety.

APPENDICES

Delete existing Appendices A and B in their entirety and replace with revised and updated Boring Logs (Appendix A) and Laboratory Data (Appendix B).

NOTE:

Text that is added or revised by this amendment is identified with ***Amendment 0001***(beginning and ending of revision/addition). Track changes shown as Strikethroughs(Delete).

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.

-- End of Summary of Changes- -

Encls As Stated

AIWW Snow's Cut Shoreline Protection W912PM-17-B-0006 New Hanover County, North Carolina

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 Contractor Generated Hazardous Waste

1.3.2 Electronics Waste

1.3.3 Environmental Pollution and Damage

1.3.4 Environmental Protection

1.3.5 Land Application

1.3.6 Pesticide

1.3.7 Pests

1.3.8 Sediment

1.3.9 Solid Waste

1.3.9.1 Debris

1.3.9.2 Green Waste

1.3.9.3 Non-Hazardous Waste

1.3.9.4 Recyclables

1.3.9.5 Surplus Soil

1.3.9.6 Scrap Metal

1.3.9.7 Wood

1.3.10 Surface Discharge

1.3.11 Wastewater

1.3.11.1 Stormwater

1.3.12 Waters of the United States

1.3.13 Wetlands

1.3.14 Universal Waste

1.4 SUBMITTALS

1.5 SUBCONTRACTORS

1.6 MEASUREMENT AND PAYMENT

1.7 ENVIRONMENTAL PROTECTION REQUIREMENTS

1.8 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.9 QUALITY ASSURANCE

1.9.1 Protection of Features

1.9.2 Non-Compliance Notifications

1.10 ENVIRONMENTAL PROTECTION PLAN

1.10.1 Compliance

1.10.2 Contents

1.10.3 Appendix

1.10.4 Clean Air Act Compliance

1.10.4.1 Haul Route

1.10.4.2 Pollution Generating Equipment

PART 2 PRODUCTS

2.1 COMPONENTS FOR TEMPORARY SILT FENCES

SECTION 01 57 19 Page 1

2.1.1 Wire Fabric

2.1.2 Filter Fabric

2.1.3 Temporary Silt Fence Stakes and Posts

2.1.4 Mill Certificate or Affidavit

2.1.5 Identification, Storage, and Handling

2.2 TEMPORARY STONE CONSTRUCTION ENTRANCE MATERIAL

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.1.1 U.S. Army Corps of Engineers Nationwide Permit 13

3.1.2 North Carolina Division of Water Resources (NCDWR)

3.1.3 U.S. Army Corps of Engineers Section 404 Evaluation

3.2 LAND RESOURCES

3.2.1 Work Area Limits

3.2.2 Landscape

3.2.3 Contractor Facilities and Work Areas

3.3 WATER RESOURCES

3.3.1 Water Quality

3.3.2 River and Stream Crossings

3.3.3 Wetlands

3.3.4 Monitoring of Water Areas Affected by Construction Activities

3.4 PROTECTION OF NATURAL RESOURCES

3.4.1 Flow Ways

3.4.2 Vegetation

3.5 EROSION AND SEDIMENT CONTROL

3.5.1 Stabilization Practices

3.5.1.1 Unsuitable Conditions

3.5.1.2 Burnoff

3.5.1.3 Protection of Erodible Soils

3.5.2 Structural Practices

3.5.2.1 Temporary Silt Fences

3.5.3 Temporary Stone Construction Entrance Material

3.5.4 Vegetation and Mulch

3.5.5 Installation of Temporary Silt Fences

3.5.6 Field Quality Control

3.5.6.1 Temporary Silt Fence Maintenance

3.5.7 Inspections

3.5.7.1 General

3.5.7.2 Inspections Details

3.5.7.3 Inspection Reports

3.6 PROTECTION OF CULTURAL RESOURCES

3.7 AIR RESOURCES

3.7.1 Burning

3.7.2 Dust Control

3.7.2.1 Particulates

3.7.3 Odors

3.7.4 Noise

3.8 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.8.1 Solid Wastes

3.8.2 Chemicals and Chemical Wastes

3.8.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

3.8.4 Fuel and Lubricants

3.9 PREVIOUSLY USED EQUIPMENT

3.10 MILITARY MUNITIONS

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

3.11.1 Oil Storage Including Fuel Tanks

3.12 INADVERTENT DISCOVERY OF PETROLEUM-CONTAMINATED SOIL OR HAZARDOUS

WASTES

SECTION 01 57 19 Page 2

3.13 POST CONSTRUCTION CLEANUP

3.14 LIST OF ATTACHMENTS

-- End of Section Table of Contents --

SECTION 01 57 19 Page 3

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/15

PART 1 GENERAL

1.1 SCOPE

The project involves the placement of stone shoreline protection along 1050 feet of the existing shoreline of AIWW Snow's Cut channel adjacent to and just east of the Snow's Cut Bridge and 300 feet of stone sill between the existing U.S. Army Corps of Engineers docking facility and parking area for the N.C. Wildlife Resources Commission boat ramp near Town Limit of Carolina Beach, NC.

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. ARMY CORPS OF ENGINEERS (USACE)

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

ER 1110-1-5 Plant Pest Quarantined Areas and Foreign Soil Samples

WETLAND MANUAL Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1 and Atlantic and Gulf Coastal Plain Region Regional Supplement

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

40 CFR 112 Oil Pollution Prevention

40 CFR 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 261.7 Residues of Hazardous Waste in Empty Containers

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

40 CFR 273 Standards For Universal Waste Management

40 CFR 279 Standards for the Management of Used Oil

SECTION 01 57 19 Page 4

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

ASTM INTERNATIONAL (ASTM)

ASTM D4439-15a (2015)(Rev A) Geosynthetics

ASTM D4491/D4491M (2015) Standard Test Methods for Water Permeability of Geotextiles by Permittivity

ASTM D4533 (2011) Trapezoid Tearing Strength of Geotextiles

ASTM D4632/D4632M (2015a) Grab Breaking Load and Elongation of Geotextiles

ASTM D4751 (2012) Determining Apparent Opening Size of a Geotextile

ASTM D4873 (2015) Identification, Storage, and Handling of Geosynthetic Rolls and Samples

1.3 DEFINITIONS

1.3.1 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.

1.3.2 Electronics Waste

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

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 and/or historically.

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

SECTION 01 57 19 Page 5 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 Land Application

Land Application is 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.

1.3.6 Pesticide

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

1.3.7 Pests

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

1.3.8 Sediment

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

1.3.9 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:

1.3.9.1 Debris

Debris is non-hazardous solid material generated during the construction, demolition, or renovation of a structure that exceeds 2.5-inch particle size that is: a manufactured object; plant or animal matter; or natural geologic material (for example, cobbles and boulders), broken or removed concrete, masonry, and rock asphalt paving; ceramics; roofing paper and shingles. Inert materials may be reinforced with or contain ferrous wire, rods, accessories and weldments. A mixture of debris and other material such as soil or sludge is also subject to regulation as debris if the mixture is comprised primarily of debris by volume, based on visual inspection.

1.3.9.2 Green Waste

Green waste is the vegetative matter from landscaping, land clearing and grubbing, including, but not limited to, grass, bushes, scrubs, small trees and saplings, tree stumps and plant roots. Marketable trees, grasses and

SECTION 01 57 19 Page 6 plants that are indicated to remain, be re-located, or be re-used are not included.

1.3.9.3 Non-Hazardous Waste

Non-hazardous waste is waste that is excluded from, or does not meet, hazardous waste criteria in accordance with 40 CFR 263.

1.3.9.4 Recyclables

Recyclables are materials, equipment and assemblies that can be used by the Contractor in performing the work but not be incorporated into the work and sold as recyclable and structural components. It also includes household appliances where the basic material content is metal, clean polyethylene terephthalate bottles, cooking oil, used fuel oil, textiles, high-grade paper products and corrugated cardboard, stackable pallets in good condition, clean crating material, and clean rubber/vehicle tires. Metal meeting the definition of lead contaminated or lead based paint contaminated may not be included as recyclable if sold to a scrap metal company. Paint cans that meet the definition of empty containers in accordance with 40 CFR 261.7 may be included as recyclable if sold to a scrap metal company.

1.3.9.5 Surplus Soil

Surplus soil is existing soil that is in excess of what is required for this work, including aggregates intended, but not used, for on-site mixing of concrete, mortars, and paving. Contaminated soil meeting the definition of hazardous material or hazardous waste is not included and must be managed in accordance with paragraph HAZARDOUS MATERIAL MANAGEMENT.

1.3.9.6 Scrap Metal

This includes scrap and excess ferrous and non-ferrous metals such as reinforcing steel, structural shapes, pipe, and wire that are recovered or collected and disposed of as scrap. Scrap metal meeting the definition of hazardous material or hazardous waste is not included.

1.3.9.7 Wood

Wood is dimension and non-dimension lumber, plywood, chipboard, hardboard.

Treated or painted wood that meets the definition of lead contaminated or lead based contaminated paint is not included. Treated wood includes, but is not limited to, lumber, utility poles, crossties, and other wood products with chemical treatment.

1.3.10 Surface Discharge

Surface discharge is 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.

1.3.11 Wastewater

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

SECTION 01 57 19 Page 7

1.3.11.1 Stormwater

Stormwater is any precipitation in an urban or suburban area that does not evaporate or soak into the ground, but instead collects and flows into storm drains, rivers, and streams.

1.3.12 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.

1.3.13 Wetlands

Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with the USACE

WETLAND MANUAL.

1.3.14 Universal Waste

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

40 CFR 273.

1.4 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

Environmental Protection Plan; G, A

Dirt and Dust Control Plan; G, A

SD-07 Certificates

Mill Certificate Or Affidavit

1.5 SUBCONTRACTORS

The Contractor shall ensure compliance with this section by subcontractors.

1.6 MEASUREMENT AND PAYMENT

No separate payment will be made for work covered under this section. The

SECTION 01 57 19 Page 8

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 ENVIRONMENTAL PROTECTION REQUIREMENTS

Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during construction practice.

Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Protect the environmental resources within the project boundaries and those affected outside the limits of permanent work during the entire duration of this Contract. Comply with federal, state, and local regulations pertaining to the environment, including water, air, solid waste, hazardous waste and substances, oily substances, and noise pollution.

Tests and procedures assessing whether construction operations comply with applicable Environmental Laws may be required. Analytical work must be performed by qualified laboratories; and where required by law, the laboratories must be certified.

1.8 SPECIAL ENVIRONMENTAL REQUIREMENTS

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

1.9 QUALITY ASSURANCE

1.9.1 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, the Contractor and the Contracting Officer or his/her designated representative 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 or his/her designated representative 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.

1.9.2 Non-Compliance Notifications

The Contracting Officer or his/her designated representative 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 Environmental Protection plan. The Contractor shall after

SECTION 01 57 19 Page 9 receipt of such notice, inform the Contracting Officer or his/her designated representative of the proposed corrective action and take such action when approved by the Contracting Officer or his/her designated representative. The Contracting Officer or his/her designated representative 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 suspensions. This is in addition to any other actions the Contracting Officer or his/her designated representative may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

1.10 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 or his/her designated representative. The purpose of the EPP is to present a comprehensive overview of known or potential environmental issues which the Contractor shall 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 or his/her designated representative 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.

1.10.1 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 Environmental Protection Plan.

1.10.2 Contents

The EPP shall include, but shall not be limited to, the following. If a particular item is not applicable to the specific project, it should nevertheless be included in the EPP, followed by an "N/A" designation and a brief explanation as to why the item is not applicable. If a requirement is already addressed or depicted in project specs or plans, reference to this is acceptable:

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

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

Qualifications should substantiate the ability of those responsible for manifesting hazardous waste.

SECTION 01 57 19 Page 10

c. Name(s) and qualifications of person(s) responsible for training the Contractor's crew in project-specific environmental protection. The qualifications should identify education and/or experience that qualifies the person(s) ability to train the Contractor's employees in environmental protection.

d. Description of the Contractor's environmental protection training program. This description shall identify the topics addressed in the training session(s)and when the session(s) is/are conducted. Training should be project and location specific, identifying environmental protection issues and methods expected to be encountered and used on this project.

e. Drawings showing locations of proposed temporary material storage areas, temporary excavations, stream crossings, staging areas, land-based operations bases, sanitary facilities, and stockpiles of excess or spoil materials, including methods to control runoff and to contain materials on the site.

f. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work areas.

g. Drawings showing the location of borrow area and explanation of how the borrow area will be worked.

h. 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 will immediately notify the Contracting Officer or his/her representative and the local Fire Department in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802) and NC Division of Water Resources at (910) 796-7215 (after hours and weekends: 1-800-858-0368))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. Qualifications should substantiate the ability of those responsible for implementing and supervising the containment and cleanup. If hazardous material cleanup is necessary, individuals must have the appropriate DOT and/or OSHA training.

(3) Training requirements for Contractor's personnel and methods of accomplishing the training. Training should be project and location specific, identifying issues expected to be encountered if a spill should occur on this project.

SECTION 01 57 19 Page 11

(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.

i. 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.

(1) 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.

(2) 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 for the previous quarter on the first working day after the first quarter that non-hazardous solid waste has been disposed and/or diverted (e.g. the first working day of January, April, July, and October).

(3) 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.

j. A recycling and solid waste minimization plan with a list of measures to reduce consumption of energy and natural resources.

Detail in the plan the Contractor's actions to comply with and to participate in Federal, State, Regional, and local government sponsored recycling programs but also voluntary measures to be employed to reduce the volume of solid waste at the source.

k. An air pollution control plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and travel off the project site.

l. 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 an 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.

m. A historical, archaeological, cultural resources, biological resources and wetlands plan that defines procedures for identifying and protecting historical, archaeological, cultural resources, biological

SECTION 01 57 19 Page 12 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 or his/her designated Representation.

n. Acknowledgement that the Contractor has read, is familiar with, and will comply with all conditions of the permits and authorizations identified below and the requirements detailed in the environmental protection portion of these specifications.

1.10.3 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 Environmental Protection Plan.

1.10.4 Clean Air Act Compliance

1.10.4.1 Haul Route

Submit truck and material haul routes along with a Dirt and Dust Control Plan for controlling dirt, debris, and dust on roadways. As a minimum, identify in the plan the subcontractor and equipment for cleaning along the haul route and measures to reduce dirt, dust, and debris from roadways.

1.10.4.2 Pollution Generating Equipment

Identify air pollution generating equipment or processes that may require federal, state, or local permits under the Clean Air Act. Provide a list of all fixed or mobile equipment, machinery or operations that could generate air emissions during the project.

PART 2 PRODUCTS

2.1 COMPONENTS FOR TEMPORARY SILT FENCES

2.1.1 Wire Fabric

Provide woven wire fabric with a minimum 32-inch width with a minimum of 6 horizontal line wires with 12" stay spacing. Top and bottom wires shall be 10 gauge. Intermediate wires shall be 14 gauge.

2.1.2 Filter Fabric

Provide geotextile that complies with the requirements of ASTM D4439-15a and consists of polymeric filaments which are formed into a stable network such that filaments retain their relative positions. The filament shall consist of a long-chain synthetic polymer composed of at least 85 percent by weight of ester, propylene, or amide, and contains stabilizers and/or inhibitors added to the base plastic to make the filaments resistant to deterioration due to ultraviolet and heat exposure. Provide synthetic filter fabric that contains ultraviolet ray inhibitors and stabilizers to assure a minimum of six months of expected usable construction life at a temperature range of 0

SECTION 01 57 19 Page 13 to 120 degrees F. The filter fabric shall meet the following requirements:

FILTER FABRIC FOR TEMPORARY SILT SCREEN FENCE

PHYSICAL PROPERTY TEST PROCEDURE STRENGTH REQUIREMENT

Grab Tensile Elongation (percent)

ASTM D4632/D4632M 100 lbs. min. 30 percent max.

Trapezoid Tear ASTM D4533 55 lbs. min.

Permittivity ASTM D4491/D4491M 0.2 sec-1

AOS (U.S. Std Sieve) ASTM D4751 20-100

2.1.3 Temporary Silt Fence Stakes and Posts

The Contractor shall use steel posts for fence construction. Steel posts (standard "U" or "T" section) utilized for temporary silt fence construction, shall have a minimum weight of 1.33 pounds/linear foot and a minimum length of 5 feet. Posts shall not be spaced more than 8 feet on center.

2.1.4 Mill Certificate or Affidavit

Provide a mill certificate or affidavit attesting that the fabric and factory seams meet chemical, physical, and manufacturing requirements specified above. Specify in the mill certificate or affidavit the actual Minimum Average Roll Values and identify the fabric supplied by roll identification numbers. Submit a mill certificate or affidavit signed by a legally authorized official from the company manufacturing the filter fabric.

2.1.5 Identification, Storage, and Handling

Filter fabric shall be identified, stored, and handled in accordance with

ASTM D4873.

2.2 TEMPORARY STONE CONSTRUCTION ENTRANCE MATERIAL

The stone for temporary stone construction entrances shall be NCDOT Class A, Coarse Aggregate (2" - 3" washed coarse aggregate) and shall conform to the requirements of Section 1042 of the NCDOT Standard Specifications.

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 placement of stone slope protection and stone sill construction along the existing shoreline as shown on the drawings. Deviations from these clearances are not permitted. No placement of materials in waters or wetlands of the United States are permitted except within the designated area as shown on the contract drawings. The Contractor shall comply with all the requirements and conditions of the environmental permits listed

SECTION 01 57 19 Page 14 herein and included in the attachments to this section. The Contractor shall be responsible for complying with all environmental permits and commitments required by Federal, State, and local environmental laws and regulations.

***AMENDMENT 0001***

3.1.1 U.S. Army Corps of Engineers Nationwide Permit 13

***AMENDMENT 0001***

The NCDWR by approval of the WQC listed above also assumes adherence to the conditions of Nationwide Permit 13 for this emergency streambank restoration work. Attachment 1 - Nationwide Permit 13 is included.

***AMENDMENT 0001***

3.1.2 North Carolina Division of Water Resources (NCDWR)

The NCDWR provided approval of 401 Water Quality Certification (WQC) via letter dated August 14, 2017 (Attachment 2). The NCDWR has concluded that project impacts are covered by General Water Quality Certification Number 4087, which is included in Attachment 3. The Contractor shall comply with the terms of the 401 WQC during project construction. The Contractor shall monitor waters in and in the immediate vicinity of the project areas to ensure that the turbidity standard of 25 nephelometric turbidity units (NTUs) is not exceeded. Appropriate sediment and erosion control practices shall be used to meet this standard; however, erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas shall be conducted at agronomic rates and shall comply with all other Federal, State, and Local regulations. All necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the State.

***AMENDMENT 0001***

3.1.3 U.S. Army Corps of Engineers Section 404 Evaluation

The U.S. Army Corps of Engineers has prepared an evaluation pursuant to Section 404(b)(1) of the Clean Water Act (40 CFR Part 230) regarding proposed riprap shoreline stabilization and erosion protection measures at Snow's Cut, New Hanover County, North Carolina. An electronic version of this evaluation is available at:

http://www.saw.usace.army.mil/Missions/Navigation/PublicNotices/

3.2 LAND RESOURCES

The Contractor shall confine all activities to areas defined by the drawings and specifications or specifically approved 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.

SECTION 01 57 19 Page 15

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 that are not to be disturbed or impacted 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. The Contractor is advised that restoration may include planting appropriate species of vegetation and ensuring an acceptable rate of survival.

3.2.3 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 or his/her designated representative.

Temporary movement or relocation of Contractor facilities shall be made only when approved.

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. Refueling and engine maintenance shall be conducted so any spillage is contained and able to be cleaned up. This may include the use of absorbent pads. Any spilled substances shall be cleaned up and cleaning material shall be disposed of properly. 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

SECTION 01 57 19 Page 16 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 or his/her designated representative.

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 of the Contractor, and is subject to removal by the Contractor at his own expense upon the request of the Contracting Officer or his/her designated representative. 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 or his/her designated representative for further instructions.

3.3.1 Water Quality

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.

3.3.2 River and Stream Crossings

River crossings shall be controlled during construction. No fording (crossing) of the river or streams with any type of vehicular or construction equipment will be permitted for all work under this contract.

Limited tracked vehicle use in the river will only be allowed for the selective removal of large woody debris that is causing a hazard to property or structures (i.e. bridges) or for the removal of trash during the construction and maintenance phase.

3.3.3 Wetlands

The Contractor shall not enter, disturb, destroy, or allow discharge of contaminants into any wetlands unless specifically authorized by a permit listed in paragraph ENVIRONMENTAL PERMITS AND COMMITMENTS. The protection of wetlands shown on the drawings in accordance with paragraph ENVIRONMENTAL PERMITS AND COMMITMENTS is the Contractor's responsibility.

Authorization to enter specific wetlands identified will not relieve the Contractor from any obligation to protect other wetlands within, adjacent to, or in the vicinity of the construction site and associated boundaries.

Unauthorized adverse impacts to wetlands may require restoration.

Restoration shall only commence upon approval by the Contracting Officer or his/her designated representative and shall be to the Contracting Officer or his/her designated representative's satisfaction.

3.3.4 Monitoring of Water Areas Affected by Construction Activities

The Contractor is responsible for monitoring all waters and wetland areas affected by operations conducted under this contract. In the event that water quality or wetland 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.

SECTION 01 57 19 Page 17

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.

Excavation will be conducted in this contract work. It is the responsibility of the Contractor to comply with all Federal and State laws pertaining to excavation and placement of excavated material. In addition, it is the responsibility of the Contractor to assure that no wetlands outside the work limits shown on the drawings are adversely affected by excavation, placement of excavated material, or associated operations (including land- based activities) conducted under this contract. The deposition of excavated material in upland areas shall be carried out in such a manner as to prevent its entry into State waters. Any placement or leakage of excavated or fill 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 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 material, and shall notify the Contracting Officer for further instructions.

3.4 PROTECTION OF NATURAL RESOURCES

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

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 or as otherwise specified. Confine construction activities to within the limits of the work indicated or specified.

3.4.1 Flow Ways

Do not alter water flows or otherwise significantly disturb the native habitat adjacent to the project and critical to the survival of fish and wildlife, except as specified and permitted.

3.4.2 Vegetation

Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees or shrubs without the Contracting Officer's permission. Do not fasten or attach ropes, cables, or guys to existing nearby trees for anchorages unless authorized by the Contracting Officer. Where such use of attached ropes, cables, or guys is authorized, the Contractor is responsible for any resultant damage.

Protect existing trees that are to remain to ensure they are not injured, bruised, defaced, or otherwise damaged by construction operations. Remove displaced rocks from uncleared areas. Coordinate with the Contracting Officer to determine appropriate action for trees and other landscape

SECTION 01 57 19 Page 18 features scarred or damaged by equipment operations.

3.5 EROSION AND SEDIMENT CONTROL

Provide erosion and sediment control measures in accordance with state and local laws and regulations. Preserve vegetation to the maximum extent practicable. The controls and measures required of the Contractor are described below.

3.5.1 Stabilization Practices

The stabilization practices to be implemented include temporary seeding, mulching, geotextiles, vegetative buffer strips, erosion control mats, protection of trees, preservation of mature vegetation, etc. On the daily CQC Report, record the dates when the major grading activities occur, (e.g., clearing and grubbing, excavation, embankment, and grading); when construction activities temporarily or permanently cease on a portion of the site; and when stabilization practices are initiated. Except as provided in paragraphs UNSUITABLE CONDITIONS and NO ACTIVITY FOR LESS THAN 21 DAYS, initiate stabilization practices as soon as practicable, but no more than 14 days, in any portion of the site where construction activities have temporarily or permanently ceased. Use of hay bales is prohibited.

Provide seeding in accordance with Section 32 92 19 SEEDING.

3.5.1.1 Unsuitable Conditions

Where the initiation of stabilization measures by the fourteenth day after construction activity temporarily or permanently ceases or is precluded by unsuitable conditions caused by the weather, initiate stabilization practices as soon as practicable after conditions become suitable.

3.5.1.2 Burnoff

Burnoff of the ground cover is not permitted.

3.5.1.3 Protection of Erodible Soils

Immediately finish the earthwork brought to a final grade, as indicated or specified, and protect the side slopes and back slopes upon completion of rough grading.

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