A21 - W912PM23B0007_AMENDMENT-0001_WITH SUMMARY OF CHANGES.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

See the 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 14-Jul-2023

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 W912PM23B0007

X 9B. DATED (SEE ITEM 11)

26-Jun-2023

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

14-Jul-2023

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

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PM23B0007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The Issued By organization has changed from

U S ARMY CORPS OF ENGINEERS, WILMINGTON

CONTRACTING - WILMINGTON DISTRICT

69 DARLINGTON AVENUE

WILMINGTON NC 28403

to

U S ARMY CORPS OF ENGINEERS, WILMINGTON

WILMINGTON DISTRICT

ATTN: CONTRACTING DIVISION

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

(End of Summary of Changes)

Solicitation #W912PM23B0007 Date: 14-JULY-23 Project Title – MAINTENANCE DREDGING, FY24 MILITARY OCEAN TERMINAL (MOTSU)

SUNNY POINT, BRUNSWICK COUNTY, NORTH CAROLINA

Amendment No. 0001

Page 1|1

SUMMARY OF CHANGES

1. CHANGES TO SPECIFICATIONS:

A. REVISED SECTIONS

a. 01 57 19 – TEMPORARY ENVIRONMENTAL CONTROLS

i. 3.5 – DREDGING QUALITY MANAGEMENT

1. REVISED - All dredges shall be equipped with Dredge Quality

Mangement (DQM) (automated dredging monitoring) (See

Section 35 20 23.23 35 20 23.13 & 35 20 23.33 for requirements for DQM).

2. CHANGES TO DRAWINGS:

A. NONE

…end of summary…

FY24 MOTSU Maintenance Dredging MOTSUDREDGING24

W912PM23B0007 AMDT0001

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

08/22

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Class I and II Ozone Depleting Substance (ODS)

1.2.2 Contractor Generated Hazardous Waste

1.2.3 Electronics Waste

1.2.4 Environmental Pollution and Damage

1.2.5 Environmental Protection

1.2.6 Hazardous Debris

1.2.7 Hazardous Materials

1.2.8 Hazardous Waste

1.2.9 Land Application

1.2.10 National Pollutant Discharge Elimination System (NPDES)

1.2.11 Oily Waste

1.2.12 Regulated Waste

1.2.13 Solid Waste

1.2.13.1 Debris

1.2.13.2 Non-Hazardous Waste

1.2.13.3 Surplus Soil

1.2.13.4 Scrap Metal

1.2.13.5 Wood

1.2.14 Surface Discharge

1.2.15 Wastewater

1.2.15.1 Stormwater

1.2.16 Waters of the United States

1.2.17 Wetlands

1.2.18 Universal Waste

1.3 SUBMITTALS

1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS

1.5 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.6 QUALITY ASSURANCE

1.6.1 Preconstruction Survey and Protection of Features

1.6.2 Regulatory Notifications

1.6.3 Environmental Brief

1.6.4 Environmental Manager

1.6.5 Employee Training Records

1.6.5.1 Pest Control Training

1.6.6 Non-Compliance Notifications

1.7 ENVIRONMENTAL PROTECTION PLAN

1.7.1 General Overview and Purpose

1.7.1.1 Descriptions

1.7.1.2 Duties

1.7.1.3 Procedures

1.7.1.4 Communications

1.7.1.5 Contact Information

SECTION 01 57 19 Page 1

1.7.1.6 Ship/Vessel AIS Numbers

1.7.2 General Site Information

1.7.2.1 Drawings

1.7.2.2 Work Area

1.7.2.3 Documentation

1.7.3 Management of Natural Resources

1.7.4 Protection of Historical and Archaeological Resources

1.7.5 Protection of the Environment from Waste Derived from

Contractor Operations

1.7.6 Prevention of Releases to the Environment

1.7.7 Regulatory Notification and Permits

1.8 LICENSES AND PERMITS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PROTECTION OF NATURAL RESOURCES

3.1.1 Flow Ways

3.2 STORMWATER

3.2.1 Work Area Limits

3.2.2 Contractor Facilities and Work Areas

3.3 SURFACE AND GROUNDWATER

3.3.1 Water Conservation

3.3.2 Waters of the United States

3.4 SUCTION CUTTER DREDGE OPERATIONS

3.5 DREDGING QUALITY MANAGEMENT

3.6 Protected Species Observers (PSOs)

3.6.1 General Observer Protocols

3.6.2 PSOs Incidental Take Notification and Reporting Requirements

3.7 MONITORING ENDANGERED SPECIES

3.7.1 Pso Qualifications And Training

3.7.2 PSO DATA COLLECTION AND REPORTING

3.7.2.1 Start of the Project

3.7.2.2 End of the Project

3.7.2.3 Hardware Requirements

3.7.2.3.1 Computer

3.7.2.4 Internet Access

3.7.2.5 SOFTWARE REQUIREMENTS

3.8 PROTECTION OF CULTURAL RESOURCES

3.8.1 Archaeological Resources

3.8.2 Historical Resources

3.9 AIR RESOURCES

3.9.1 Venting of Refrigerant

3.9.2 EPA Certification Requirements

3.9.3 Odors

3.10 WASTE MINIMIZATION

3.10.1 Salvage, Reuse and Recycle

3.11 WASTE MANAGEMENT AND DISPOSAL

3.11.1 Solid Waste Management

3.11.1.1 Project Solid Waste Disposal Documentation Report

3.11.1.2 Control and Management of Solid Wastes

3.11.2 Control and Management of Hazardous Waste

3.11.2.1 Hazardous Waste/Debris Management

3.11.2.2 Hazardous Waste Disposal

3.11.2.2.1 Responsibilities for Contractor's Disposal

3.11.2.2.1.1 Services

3.11.2.2.1.2 Samples

SECTION 01 57 19 Page 2

3.11.2.2.1.3 Analysis

3.11.2.2.1.4 Labeling

3.11.2.2.2 Contractor Disposal Turn-In Requirements

3.11.2.3 Universal Waste Management

3.11.2.4 Electronics End-of-Life Management

3.11.2.5 Disposal Documentation for Hazardous and Regulated Waste

3.11.3 Releases/Spills of Oil and Hazardous Substances

3.11.3.1 Response and Notifications

3.11.3.2 Clean Up

3.11.4 Mercury Materials

3.11.5 Wastewater

3.11.5.1 Disposal of Wastewater

3.11.5.1.1 Treatment

3.12 HAZARDOUS MATERIAL MANAGEMENT

3.13 PREVIOUSLY USED EQUIPMENT

3.14 IN-WATER LINES

3.15 CONTROL AND MANAGEMENT OF POLYCHLORINATED BIPHENYLS (PCBs)

3.16 MILITARY MUNITIONS

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

3.17.1 Used Oil Management

3.17.2 Oil Storage Including Fuel Tanks

3.18 INADVERTENT DISCOVERY OF PETROLEUM-CONTAMINATED SOIL OR HAZARDOUS

WASTES

3.19 BIOLOGICAL RESOURCES

3.19.1 Manatees

3.19.2 Migratory Birds

3.19.3 Whales

3.19.4 Sea Turtles and Sturgeon

3.19.5 Environmental Windows

3.19.6 Sturgeon River Width

3.19.7 Postmortem Preservation of Sea Turtles and Sturgeon

3.20 ODMDS SITE MANAGEMENT AND MONITORING FOR USE ON MOTSU DREDGING

3.20.1 ODMDS Placement Restrictions

3.21 OTHER EDUCATION AND IN WATER REQUIREMENTS

3.22 POST CONSTRUCTION CLEANUP

ATTACHMENTS:

ENVIRONMENTAL ATTACHMENT ENCLOSURE

Attachment 1 - USFWS Guidelines for Avoiding Impacts to the West Indian Manatee

-- End of Section Table of Contents --

SECTION 01 57 19 Page 3

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

08/22

PART 1 GENERAL

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. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

29 CFR 1910.1200 Hazard Communication

40 CFR 64 Compliance Assurance Monitoring

40 CFR 82 Protection of Stratospheric Ozone

40 CFR 112 Oil Pollution Prevention

40 CFR 241 Guidelines for Disposal of Solid Waste

40 CFR 243 Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste

40 CFR 258 Subtitle D Landfill Requirements

40 CFR 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

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

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

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

40 CFR 268 Land Disposal Restrictions

40 CFR 273 Standards for Universal Waste Management

SECTION 01 57 19 Page 4

40 CFR 273.2 Standards for Universal Waste Management - Batteries

40 CFR 273.3 Standards for Universal Waste Management - Pesticides

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

40 CFR 273.5 Standards for Universal Waste Management - Lamps

40 CFR 273.6 Applicability - Aerosol Cans

40 CFR 279 Standards for the Management of Used Oil

40 CFR 300 National Oil and Hazardous Substances Pollution Contingency Plan

40 CFR 300.125 National Oil and Hazardous Substances Pollution Contingency Plan - Notification and Communications

40 CFR 355 Emergency Planning and Notification

40 CFR 403 General Pretreatment Regulations for Existing and New Sources of Pollution

40 CFR 761 Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions

49 CFR 171 General Information, Regulations, and Definitions

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

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

49 CFR 173 Shippers - General Requirements for Shipments and Packagings

49 CFR 178 Specifications for Packagings

1.2 DEFINITIONS

1.2.1 Class I and II Ozone Depleting Substance (ODS)

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

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

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

SECTION 01 57 19 Page 5 https://www.epa.gov/ozone-layer-protection/ozone-depleting-substances .

1.2.2 Contractor Generated Hazardous Waste

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

1.2.3 Electronics Waste

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

1.2.4 Environmental Pollution and Damage

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

1.2.5 Environmental Protection

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

The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

1.2.6 Hazardous Debris

As defined in paragraph SOLID WASTE, debris that contains listed hazardous waste (either on the debris surface, or in its interstices, such as pore structure) in accordance with 40 CFR 261 . Hazardous debris also includes debris that exhibits a characteristic of hazardous waste in accordance with 40 CFR 261 .

1.2.7 Hazardous Materials

Hazardous material is any material that: Is defined in 49 CFR 171 , listed in 49 CFR 172 , regulated as a hazardous material in accordance with 49 CFR 173 ; or requires a Safety Data Sheet (SDS) in accordance with 29 CFR 1910.1200 ; or during end use, treatment, handling, packaging, storage, transportation, or disposal meets or has components that meet or have potential to meet the definition of a hazardous waste as defined by 40 CFR 261 Subparts A, B, C, or D. Designation of a material by this definition, when separately regulated or controlled by other sections or directives, does not eliminate the need for adherence to that hazard-specific guidance which takes precedence over this section for "control" purposes. Such material includes ammunition, weapons, explosive actuated devices, propellants, pyrotechnics, chemical and biological warfare materials, medical and pharmaceutical supplies, medical waste and

SECTION 01 57 19 Page 6 infectious materials, bulk fuels, radioactive materials, and other materials such as asbestos, mercury, and polychlorinated biphenyls (PCBs).

1.2.8 Hazardous Waste

Hazardous Waste is any material that meets the definition of a solid waste and exhibits a hazardous characteristic (ignitability, corrosivity, reactivity, or toxicity) as specified in 40 CFR 261 , Subpart C, or contains a listed hazardous waste as identified in 40 CFR 261 , Subpart D, or meets a state, local, or host nation definition of a hazardous waste.

1.2.9 Land Application

Land Application means spreading or spraying discharge water at a rate that allows the water to percolate into the soil. No sheeting action, soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the "waters of the United States" must occur.

Comply with federal, state, and local laws and regulations.

1.2.10 National Pollutant Discharge Elimination System (NPDES)

The NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States.

1.2.11 Oily Waste

Oily waste are those materials that are, or were, mixed with Petroleum, Oils, and Lubricants (POLs) and have become separated from that POLs.

Oily wastes also means materials, including wastewaters, centrifuge solids, filter residues or sludges, bottom sediments, tank bottoms, and sorbents which have come into contact with and have been contaminated by, POLs and may be appropriately tested and discarded in a manner which is in compliance with other state and local requirements.

This definition includes materials such as oily rags, "kitty litter" sorbent clay and organic sorbent material. These materials may be land filled provided that: It is not prohibited in other state regulations or local ordinances; the amount generated is "de minimus" (a small amount);

it is the result of minor leaks or spills resulting from normal process operations; and free-flowing oil has been removed to the practicable extent possible. Large quantities of this material, generated as a result of a major spill or in lieu of proper maintenance of the processing equipment, are a solid waste. As a solid waste, perform a hazardous waste determination prior to disposal. As this can be an expensive process, it is recommended that this type of waste be minimized through good housekeeping practices and employee education.

1.2.12 Regulated Waste

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

1.2.13 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:

SECTION 01 57 19 Page 7

1.2.13.1 Debris

A mixture of debris and other material such as soil or sludge is also subject to regulation as debris if the mixture is comprised primarily of debris by volume, based on visual inspection.

1.2.13.2 Non-Hazardous Waste

Non-hazardous waste is waste that is excluded from, or does not meet, hazardous waste criteria in accordance with 40 CFR 261 .

1.2.13.3 Surplus Soil

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

1.2.13.4 Scrap Metal

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

1.2.13.5 Wood

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

1.2.14 Surface Discharge

Surface discharge means discharge of water into drainage ditches, storm sewers, or creeks meeting the definition of "waters of the United States". Surface discharges from construction sites are discrete, identifiable sources and require a permit from the governing agency.

Comply with federal, state, and local laws and regulations.

1.2.15 Wastewater

Wastewater is the used water and solids that flow through a sanitary sewer to a treatment plant.

1.2.15.1 Stormwater

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

1.2.16 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.

SECTION 01 57 19 Page 8

1.2.17 Wetlands

Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

1.2.18 Universal Waste

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

40 CFR 273 .

1.3 SUBMITTALS

Government approval is required for submittals with a "G" or "S" classification. Submittals not having a "G" or "S" classification are for information only. When used, a code following the "G" classification identifies the office that will review the submittal for the Government.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

Employee Training Records; G

Environmental Protection Plan ; G , A

Environmental Manager Qualifications; G

Endangered Species Watch Plan; G

Lockout/Tagout Procedure ; G

AIS Numbers

Dredge Quality Mangement (DQM); G

Regulatory Notifications; G

Preconstruction Survey

Spill Prevention Control And Countermeasure (Spcc) Plan; G

SD-07 Certificates

Employee Training Records; G

Dredge Quality Mangement (DQM); G

ODESS Instrumentation Certification

SECTION 01 57 19 Page 9

Erosion and Sediment Control Inspector Qualifications

Certificate of Competency

SD-11 Closeout Submittals

Regulatory Notifications; G

Assembled Employee Training Records; G

Project Solid Waste Disposal Documentation Report; G

Contractor Certification

Hazardous Waste/Debris Management; G

Disposal Documentation For Hazardous And Regulated Waste; G

1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS

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

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

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

1.5 SPECIAL ENVIRONMENTAL REQUIREMENTS

Comply with the special environmental requirements listed in paragraph "ENVIRONMENTAL PERMITS AND COMMITTMENTS" and attached at the end of this section.

1.6 QUALITY ASSURANCE

1.6.1 Preconstruction Survey and Protection of Features

This paragraph supplements the Contract Clause PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite construction activities, perform a Preconstruction Survey of the project site with the Contracting Officer, and take photographs showing existing environmental conditions in and adjacent to the site. Submit a report for the record. Include in the report a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs and grassed areas immediately adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. The Contractor and the Contracting Officer will

SECTION 01 57 19 Page 10 sign this survey report upon mutual agreement regarding its accuracy and completeness. Protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference that their preservation may cause to the work under the Contract.

1.6.2 Regulatory Notifications

Provide regulatory notification requirements in accordance with federal, state and local regulations. In cases where the Government will also provide public notification (such as stormwater permitting), coordinate with the Contracting Officer. Submit copies of regulatory notifications to the Contracting Officer at least 5 days prior to commencement of work activities. Typically, regulatory notifications must be provided for the following (this listing is not all-inclusive): demolition, renovation, NPDES defined site work, construction, removal or use of a permitted air emissions source, and remediation of controlled substances (asbestos, hazardous waste, lead paint).

1.6.3 Environmental Brief

Attend an environmental brief to be included in the preconstruction meeting. Provide the following information: types, quantities, and use of hazardous materials that will be brought onto the installation; and types and quantities of wastes/wastewater that may be generated during the Contract. Discuss the results of the Preconstruction Survey at this time.

Prior to initiating any work on site, meet with the Contracting Officer and Environmental Office to discuss the proposed Environmental Protection Plan (EPP) or equipment local requirement. Develop a mutual understanding relative to the details of environmental protection, including measures for protecting natural and cultural resources, required reports, required permits, permit requirements (such as mitigation measures), and other measures to be taken.

1.6.4 Environmental Manager

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

SECTION 01 57 19 Page 11

1.6.5 Employee Training Records

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

Train personnel to meet EPA and State requirements. Conduct environmental protection/pollution control meetings for personnel prior to commencing construction activities. Conduct additional meetings for new personnel and when site conditions change. Include in the training and meeting agenda: methods of detecting and avoiding pollution; familiarization with statutory and contractual pollution standards; installation and care of devices, vegetative covers, and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control; anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants; recognition and protection of archaeological sites, artifacts, waters of the United States, and endangered species and their habitat that are known to be in the area.

1.6.5.1 Pest Control Training

Trained personnel in pest control. Conduct a pest control meeting for personnel prior to commencing construction activities. Conduct additional meetings for new personnel and when site conditions change. Include in the training and meeting agenda: methods of detecting and pest infestation; familiarization with statutory and contractual pest control standards; installation and care of devices, and instruments, if required, for monitoring purposes to ensure adequate and continuous pest control;

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

Provide a Certificate of Competency for the personnel who will be conducting the pesticide application and management of pest control.

1.6.6 Non-Compliance Notifications

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with federal, state or local environmental laws or regulations, permits, and other elements of the Contractor's EPP. After receipt of such notice, inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. FAR 52.242-14 Suspension of Work provides that a suspension, delay, or interruption of work due to the fault or negligence of the Contractor allows for no adjustments to the contract for time extensions or equitable adjustments. In addition to a suspension of work, the Contracting Officer may use additional authorities under the contract or law.

SECTION 01 57 19 Page 12

1.7 ENVIRONMENTAL PROTECTION PLAN

The purpose of the EPP is to present an overview of known or potential environmental issues that must be considered and addressed during construction. Incorporate construction related objectives and targets from the installation's EMS into the EPP. Include in the EPP measures for protecting natural and cultural resources, required reports, and other measures to be taken. Meet with the Contracting Officer or Contracting Officer Representative to discuss the EPP and develop a mutual understanding relative to the details for environmental protection including measures for protecting natural resources, required reports, and other measures to be taken. Submit the Environmental Protection Plan within 15 days after Contractor award and not less than 5 days before the preconstruction meeting. Revise the EPP throughout the project to include any reporting requirements, changes in site conditions, or contract modifications that change the project scope of work in a way that could have an environmental impact. No requirement in this section will relieve the Contractor of any applicable federal, state, and local environmental protection laws and regulations. During Construction, identify, implement, and submit for approval any additional requirements to be included in the EPP. Maintain the current version onsite.

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

1.7.1 General Overview and Purpose

1.7.1.1 Descriptions

A brief description of each specific plan required by environmental permit or elsewhere in this Contract such as wastewater management plan, a historical, archaeological, cultural resources, biological resources and wetlands plan, Hazardous, Toxic and Radioactive Waste (HTRW) Plan Non-Hazardous Solid Waste Disposal Plan.

1.7.1.2 Duties

The duties and level of authority assigned to the person(s) on the job site who oversee environmental compliance, such as who is responsible for adherence to the EPP, who is responsible for spill cleanup and training personnel on spill response procedures, who is responsible for manifesting hazardous waste to be removed from the site (if applicable), and who is responsible for training the Contractor's environmental protection personnel.

1.7.1.3 Procedures

A copy of any standard or project-specific operating procedures that will be used to effectively manage and protect the environment on the project site.

1.7.1.4 Communications

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

1.7.1.5 Contact Information

Emergency contact information contact information (office phone number, SECTION 01 57 19 Page 13 cell phone number, and e-mail address).

1.7.1.6 Ship/Vessel AIS Numbers

Submit a list of ship/vessel AIS Numbers to the Contracting Officer.

1.7.2 General Site Information

1.7.2.1 Drawings

Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, jurisdictional wetlands, material storage areas, structures, sanitary facilities, storm drains and conveyances, and stockpiles of excess soil.

1.7.2.2 Work Area

Work area plan showing the proposed activity in each portion of the area and identify the areas of limited use or nonuse. Include measures for marking the limits of use areas, including methods for protection of features to be preserved within authorized work areas and methods to control runoff and to contain materials on site, and a traffic control plan.

Show where any fuels, hazardous substances, solvents, or lubricants will be stored. Provide a spill plan to address any releases of those materials.

1.7.2.3 Documentation

A letter signed by an officer of the firm appointing the Environmental Manager and stating that person is responsible for managing and implementing the Environmental Program as described in this contract.

Include in this letter the Environmental Manager's authority to direct the removal and replacement of non-conforming work.

1.7.3 Management of Natural Resources

a. Land resources

b. Tree protection

c. Replacement of damaged landscape features

d. Temporary construction

e. Stream crossings

f. Fish and wildlife resources

g. Wetland areas

1.7.4 Protection of Historical and Archaeological Resources

a. Objectives

b. Methods

SECTION 01 57 19 Page 14

1.7.5 Protection of the Environment from Waste Derived from Contractor Operations

Control and disposal of solid and sanitary waste.

Control and disposal of hazardous waste.

This item consist of the management procedures for hazardous waste to be generated. The elements of those procedures will coincide with the Installation Hazardous Waste Management Plan when within an installation.

The Contracting Officer will provide a copy of the Installation Hazardous Waste Management Plan as applicable.

As a minimum, include the following:

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

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

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

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

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

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

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

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

Hazardous waste minimization procedures

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

1.7.6 Prevention of Releases to the Environment

Procedures to prevent releases to the environment

Notifications in the event of a release to the environment

1.7.7 Regulatory Notification and Permits

List what notifications and permit applications must be made. Some permits require up to 180 days to obtain. Demonstrate that those permits have been obtained or applied for by including copies of applicable environmental permits. The EPP will not be approved until the permits have been obtained.

SECTION 01 57 19 Page 15

1.8 LICENSES AND PERMITS

Obtain licenses and permits required for the construction of the project and in accordance with FAR 52.236-7 Permits and Responsibilities. Notify the Government of all equipment that may require permits or special approvals that the Contractor plans to use on site. This paragraph supplements the Contractor's responsibility under FAR 52.236-7 Permits and Responsibilities.

a. The following permits have been obtained by the Government:

1. NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT (NCDCM)

By letter dated June 12, 1995 and April 23, 2001, NCDCM has concurred that the proposed maintenance dredging of the MOTSU component of the project as described in this contract is consistent with the North Carolina Coastal Management Program

This consistency concurrence is included in ENVIRONMENTAL ATTACHMENT

ENCLOSURE

2. US ENVIRONMENTAL PROTECTION AGENCY (USEPA)

By letter dated 21 April 2023, USEPA concurred that discharge of dredged material from the MOTSU project area into the Wilmington Ocean Dredged Material Disposal Site (ODMDS) meets the criteria for ocean placement in accordance with Section 103 of the Marine Protection, Research, and Sanctuaries Act. The Contractor shall implement applicable load volume restrictions in accordance with the 21 April 2023 Section 103 concurrence letter. Additionally, all conditions described in the 09 March 2023 Wilmington ODMDS Site Management and Monitoring Plan (SMMP) shall be met.

The 21 April 2023 Section 103 concurrence letter and 09 March 2023 Wilmington ODMDS SMMP are included in the ENVIRONMENTAL ENCLOSURE

ATTACHMENT.

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

By memo dated 09 May 2023 the Wilmington District Corps of Engineers Regulatory Division (Regulatory) renewed Regulatory Permit No.

201102228, which authorized the transport of dredged material from the MOTSU project area to the Wilmington ODMDS. This authorization remains valid until 21 April 2026.

The dredging of material from the MOTSU project area is authorized by Regulatory Permit No. 199800432 Modification #3, letter dated 09 May 2023. This authorization remains valid until 21 April 2026.

These permits are included in the ENIRONMENTAL ENCLOSURE ATTACHMENT.

4. NORTH CAROLINA DIVISION OF WATER SOURCES (DWR) SEC. 401

Water Quality General Certification is applicable for the maintenance excavation at the existing terminal facilities. Overflow of economic loads will be allowed within MOTSU channels and basins, but will not be allowed during the transport to the ODMDS. SEE

ENVIRONMENTAL ENCLOSURE ATTACHMENT.

SECTION 01 57 19 Page 16

5. NMFS 2020 SARBO

Please refer to the 2020 SARBO PDCs at:

https://www.fisheries.noaa.gov/content/endangered -species-act-section-7-biological-opinions-southeast

b. The following permits will be obtained by the Government:

(1)

(2)

(3)

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 PROTECTION OF NATURAL RESOURCES

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

Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work that is consistent with the requirements of the Installation Environmental Office or as otherwise specified.

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

3.1.1 Flow Ways

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

3.2 STORMWATER

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

3.2.1 Work Area Limits

Mark the areas that need not be disturbed under this Contract prior to commencing construction activities. Mark or fence isolated areas within the general work area that are not to be disturbed. Protect monuments and markers before construction operations commence. Where construction

SECTION 01 57 19 Page 17 operations are to be conducted during darkness, all markers must be visible in the dark. Personnel must be knowledgeable of the purpose for marking and protecting particular objects.

3.2.2 Contractor Facilities and Work Areas

Place field offices, staging areas, stockpile storage, and temporary buildings in areas designated on the drawings or as directed by the Contracting Officer. Move or relocate the Contractor facilities only when approved by the Government. Provide erosion and sediment controls for onsite borrow and spoil areas to prevent sediment from entering nearby waters. Control temporary excavation and embankments for plant or work areas to protect adjacent areas.

3.3 SURFACE AND GROUNDWATER

3.3.1 Water Conservation

Water is one of our valuable natural resources. Accordingly, the Contractor shall be judicious in its use in the performance of the work as specified. Water needed for project tasks shall be obtained from uncontrolled stream flow instead of potable supply sources to the extent available and suitable as determined by the Contracting Officer or his/her designated representative.

3.3.2 Waters of the United States

Do not enter, disturb, destroy, or allow discharge of contaminants into waters of the United States except as authorized herein. The protection of waters of the United States shown on the drawings in accordance with paragraph LICENSES AND PERMITS is the Contractor's responsibility.

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

3.4 SUCTION CUTTER DREDGE OPERATIONS

Please refer to the 2020 SARBO PDCs at https://www.fisheries.noaa.gov/content/endangered -species-act-section-7-biological-opinions-southeast

a) CUTTER.1: The cutterhead will not be engaged/turned on when not embedded in the sediment, to the maximum extent possible.

b) INWATER.5 Entanglement: If lines or cables are used (e.g., to mark floating buoys, lines connecting pickup buoy lines, or for turbidity curtains):

1. In-water lines (rope, chain, and cable) will be stiff, taut, non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, will be enclosed in a plastic or rubber sleeve/tube to add rigidity and to prevent the line from looping or tangling. In all instances, no excess line is allowed in the water.

2. All lines or cables will be immediately removed upon project

SECTION 01 57 19 Page 18 completion.

3. All in-water line and materials will be monitored regularly to ensure nothing has become entangled.

4. Cables or lines with loops used to move pipelines or buoys will not be left in the water unattended.

3.5 DREDGING QUALITY MANAGEMENT

All dredges shall be equipped with Dredge Quality Mangement (DQM) (automated dredging monitoring) (See Section 35 20 23.13 & 35 20 23.33 for requirements for DQM).

All scows shall be equipped with DQM (automated navigation recording; See Section 35 20 23.12 for requirements for the DQM program).

3.6 Protected Species Observers (PSOs)

During dredging operations, PSOs approved by the National Oceanic and Atmospheric Administration - Fisheries (NOAA-Fisheries) for sea turtles, sturgeon, and whales shall be aboard to monitor for the presence of these species as well as aid in the avoidance of marine mammals. PSOs 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 PSO s that have been NMFS-approved to monitor threatened/endangered species takes by can be obtained at SERODredge@NOAA.gov. All work completed under this contract will require all PSOs will be to follow the 2020 SARBO Appendix H: Handling and Reporting Protocol for ESA-listed Species Observed or Encountered and Protected Species Observer (PSO) Roles and Responsibilities.

3.6.1 General Observer Protocols

OBSERVE.1 For generally stationary construction with work contained to a specific project area, such as mechanical dredging equipment:

o All personnel working on the project will report ESA-listed species observed in the area to the on-site crew member in charge of operations.

o Operations of moving equipment will cease if an ESA-listed species is observed within 150 ft of operations by any personnel working on a project covered under this Opinion (e.g., sea turtles, sturgeon, elasmobranchs smalltooth sawfish, giant manta ray, scalloped hammerhead shark, oceanic white tip shark or ESA-listed marine mammal).

o Activities will not resume until the ESA-listed species has departed the project area of its own volition (e.g., species was observed departing or 20 minutes have passed since the animal was last seen in the area).

OBSERVE.2 For a vessel underway, such as a support vessel, traveling within or between operations must follow speed and distance requirements, defined below, while ensuring vessel safety:

o All personnel working onboard will report ESA-listed species observed in the area to the vessel captain.

o If an ESA-listed species is spotted within the vessel's path, initiate evasive maneuvers to avoid collision.

SECTION 01 57 19 Page 19 o If a North Atlantic right whale is spotted, slow to 10 knots and maintain a distance of at least 1,500 ft in accordance with the North Atlantic Right Whale Protection Rule (62 FR 6729) and report the observation to 1-877-WHALE-HELP. Resumption of speed should be according to the North Atlantic Right Whale Conservation Plan (Appendix F of the

2020 SARBO).

o If a whale (other than a North Atlantic right whale) is spotted, maintain a distance of at least 300 ft.

OBSERVE.3 Report sightings (not encountered, collided with, or injured by a project covered under 2020 SARBO) of the following species:

o North Atlantic Right whale: As defined in the North Atlantic Right Whale Conservation Plan (Appendix F of the 2020 SARBO) and the reporting requirements in the 2020 SARBO Section 2.9.

OBSERVE.4 Any collision(s) with an ESA-listed species must be immediately reported to the USACE according to their internal protocol and to NMFS consistent with the reporting requirements in the 2020 SARBO Section 2.9. A vessel collision with an ESA-listed species is counted as take for the project. In addition, reports of certain species shall also be reported as listed below. A link to the most current contact information will also be available at (SERODredge@noaa.gov).

o Sea turtle take will also be reported to the Matthew Godfrey with NC Wildlife Resources Commission at 252-728-1528.

OBSERVE.5 Any collision with a marine mammal will be reported immediately to the Southeast Regional Marine Mammal Stranding hotline at 1-877-WHALE-HELP (1-877-942-5343) for guidance. This includes both ESA and non-ESA listed marine mammals.

3.6.2 PSOs Incidental Take Notification and Reporting Requirements

The Contractor shall provide any unidentified sea turtle and sturgeon parts to the North Carolina Wildlife Resources Commission (Matthew Godfrey, 252-728-1528) to be identified to species if possible. If positive identification is not possible, specimens shall be recorded as "unidentified sea turtle/sturgeon."

Live Turtles/Sturgeon: PSOs shall photograph any live turtle(s) and sturgeon incidentally taken by the dredge in accordance with above paragraph. For live turtles, PSOs shall measure, weigh, scan for PIT tags, tag (Iconnel) flipper and PIT tags (if PIT tag is not located during scan, and only if the PSO is qualified to tag using PIT tags). PSOs (or their authorized representative) shall coordinate with the Contracting Officer or his/her designated representative and the North Carolina Wildlife Resource Commission (Matthew Godfrey) to determine the appropriate facility to receive the turtle.