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HomeMy WebLinkAboutTR-7412AJill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 7412A Date of Receipt of Application: October 13, 2010 Applicant: NYSDOTIUSACE-Sponsored by Town of Southold SCTM#: N/A Project Location: OrientJEast Marion Causeway Date of Resolution/Issuance: October 20, 2010 Date of Expiration: October 20, 2012 Reviewed by: Board of Trustees Project Description: Reconstruct the easterly portion/end of the concrete seawall. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the Emergency Shoreline Protection Project Plan dated July 20, 2010 and stamped approved on October 20, 2010. Conditions: Final Inspection If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. Jill I~Doherty,'~~ Boa~l of Trustees Planning Division DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING 26 FEDERAL PLAZA NEW YORK, N.Y. 10278-0090 13May2010 James Richter, Engineering Inspector ToWn o£ Southold 53096 Main Road P.O. Box 1180 Southold, NY, 11972 USACE-NYD Emergency Coastal Storm Damage Reduction Project (Section 14), State RD 25, Orient Harbor, Town of Southold, New York Dear Mr. Richter: The U.S. Army Corps of Engineers, New York District (District) has completed the 90% Plans and Specifications for the Coastal Storm Damage Reduction Project (Section 14) in Southold, NY. As part of the project's continuing partnership, please find enclosed for your review a copy of the 90% Plans and Specifications, the Draft Environmental Assessment, and the Town of Southold LWRP Consistency Assessment Form. Please accept this letter as our official request for a Coastal Zone Management Consistency Determination for the above referenced project. The District has determined that the proposed work is consistent with the New York State's Coastal Management Program and the Town of Southold's Local Waterfront Revitalization Program. (Appendix D of the Draft Environmental Assessment). If you have any questions or comments please contact Mr. Matthew Voisine, Biologist, at matthew.voisine~usace.arm¥.mil, (917)-790-8718. The District looks forward to continued coordination with you on this project. Enclosures: ~k cc: John Sepenoski, Chairman LWRP Sincerely, Leonard Houston Chief, Environmental Analysis Branch OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southald, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner \~,, LWRP Coordinator" ' Or:T Date: October 15, 2010 Re: Proposed Emergency Wetland Permit and Coastal Erosion Management Permit for Orient/East Marion Causeway Shoreline Stabilization/Protection Project SCTM#1000-23-2-5.4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following best management practice is required pursuant to: § 275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area, Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application~- ~_~Wetland Permit Application ~'Administrative Permit Amendmenffl'rans f~rfExtension .~ece~-ved Application:~.~/~_ ~__~l~eceived Fee:$ ~'~/tg~-- .... ~ompleted Application ~Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) ,..~WRP Consistency Assessment Form CAC Referral Sent: ~l~ate of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: ~'/Public Heating Held: 0 Resolution: OCT ]3 20]0 i~ D~'*rd of '[rustees j Name of Applicant N,¥~,Dp]~./bt.,%.R.C?-,. - ~eon~o~ep fix Address Phone Number:((~ ~ Suffolk County Tax Map Number: 1000 - Property Location: O~I{~N'( ~%~' fflf~,lOgl ~US~DA'I (provide LILCO Pole #, distance to cross streets, and location) (If applicable) Address: 5oo'r oLO W'{ /Iqll Phone: ~t q~5 ~J~O of Trustees ApplicatJ Land Area (in square feet): Area Zoning: ~ - Previous use of property: Int6aded use of property: Covenants and Restrictions: If "Yes", please provide copy. GENERAL DATA Yes ~ No Does this project require a variance from the Zoning Board of Appeals __ If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date Yes ~ No No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspe,~ded by a governmental agency? ~ No. Yes If yes, provide explanation: Project DescriPtion (use attachments if necessary): ~6- ~o. ~ r~ucTlo tq Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ~6~:>,qSF'R~C;~o/~ 04: T~/~. D~A)tg, q/~' Area ofwetlands on lot: I~0 [tN6tq~ ,~aa4g~'feet Oi~ 5'j4Of~66t"e Percent coverage of lot: ]a) 0 % Closest distance between nearest existing structure and upland edge of wetlands: 14 f~ feet Closest distance between 9earest proposed structure and upland edge of wetlands: [4//% feet Does the project involve excavation or filling? No )(, Yes If yes, how much material will be excavated? cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Statement 0f~ ~f(ect, if any, on the wet!~S apd_..tid?l wa_ters of~e _tp~. ~a_t ~a~v resu![by reason of such proposed operations (use attachments if appropriate): ENVIRONMENTAL ASSESSMENT EMERGENCY COASTAL STORM DAMAGE REDUCTION PROJECT (SECTION 14), STATE ROAD 25, ORIENT HARBOR, TOWN OF SOUTHHOLD, NEW YORK MAY 2010 Prepared By: New York District FINDING OF NO SIGNIFICANT IMPACT (FONSI) The U.S. Army Corps of Engineers, New York District, in coordination with the New York State Department of Environmental Conservation (NYSDEC) and Suffolk County, is proposing to perform emergency shoreline stabilization along the Long Island Sound shoreline in the Town of Southold, Suffolk County, New York. This study has been authorized under Section 14 of the Flood Control Act of 1946, as amended, to study and construct emergency shoreline protection measures for public works and non-profit public services. Federal interest was identified to implement select measures at this site to protect the eroding shoreline immediately adjacent to State Road 25 in the town of Southold, New York. The purpose of the project is to provide long-term protection for a 300-foot section of State Road 25. State Road 25 provides the only vehicular access route to the eastern point of the north fork of Long Island. Stabilizing the shoreline will also protect several utilities buried underground as well as the primary access route for the town and the entire north fork of Long Island to the east. The project site is located along the shoreline of Orient Harbor at State Road 25. Factors such as wave and tidal action have eroded the shoreline and are undermining the road. Immediately to the west of the project site, a seawall was built along the route in the 1920s. New York State Department of Transportation (NYSDOT) rehabilitated the seawall with rubble stone in the 1980s. Following that repair, NYSDOT placed one row of stone along the reach of the proposed project; during storms, the road is subject to over-washing, and after storms NYSDOT regularly places sand and gravel fill along the reach to protect the road from collapse and further undermining. Power and gas lines run under the road. These lines may be in jeopardy from undermining of and collapse of the road. Additionally, utility poles supporting overhead wires are tilting due to the slope failure. Continued erosion could result in closure of the only access route to the east (including the Village of Orient and the ferry service to Connecticut), disruption of utilities (including electrical lines - overhead and buried under the road), and personal injury. Project alternatives to repair and stabilize the shoreline include: · Alternative 1: No Federal Action, Roadway Relocation · Alternative 2: Seawall Construction Alternative 2, Seawall Construction was determined to be the preferred plan. The project involves a new stone transition beginning at the easternmost full section of the existing wall (approximately wall station 207+00, ref. DOT record plans D251705 dated 10/15/86). To provide continuity, new stone work at Station 207+00 will match the existing stone wall crest elevation, bottom elevation at the offshore toe, side slope, seaward extent, and approximate cover layer thickness. Stones for the transition section are sized for a design wave of H10 = 100- year height of 5.4 fi., with a 95th percentile still water level of 11.8 fi. NAVD. The new stone work transitions approximately 23 fi from the shoreline position of the existing wall northward until it abuts the DOT minimum clearance zone for Rt. 25, which is approximately 17 fi south of the edge of the roadway travel lane. Guide rails for traffic protection will be provided, as well as pedestrian access around the new stone section to the waterline. May2010 -ii- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment No significant impacts to the environment are anticipated. My determination ofa FONSI is based on the Environmental Assessment and the following considerations: · The project will not negatively affect the quality of the human environment. · The project will not negatively affect intertidal wetlands. · The project will not negatively impact fish, including Essential Fish Habitat, or threatened and endangered State and Federal species. · Construction is not anticipated to result in a locXlized, short-term increase in the suspended sediment load to the Harbor. Employing standard erosion control techniques will help prevent excess sedimentation to the Harbor. · The proposed project will not negatively affect the existing near shore aquatic habitat and community along approximately 300 feet of shoreline. · No archaeological or historical resources will be negatively impacted by this project. · The project will not adversely affect air quality. Based on my review and evaluation of the environmental effects as presented in the attached Environmental Assessment, I have determined that the Emergency Coastal Storm Damage Reduction Project (Section 14) State Road 25, Long Island Sound, Town of Southold, New York is not a major federal action significantly affecting the quality of the human environment. Therefore, I have determined that this preparation of an Environmental Impact Statement is not warranted. Date John R. Boul~ II Colonel, U.S. Army District Engineer May2010 -iii- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment TABLE OF CONTENTS 1. PURPOSE AND NEED ........................................................................................................ 1 1.1 Proposed Action .............................................................................................................. 1 2. ALTERNATIVES ................................................................................................................. 2 2.1 ,4lternative 1: No Federal Action, Roadway Relocation ................................................ 2 2.2 Alternative 2: Seawall Construction ............................................................................... 2 3. AFFECTED ENVIRONMENT ........................................................................................... 5 3.1 Topography and Soils ..................................................................................................... 5 3.2 Water Resources ............................................................................................................. 7 3.2.1 Regional Hydrogeology and Groundwater Resources ................................................ 7 3.2.2 Surface Water .............................................................................................................. 7 3.3 Landscape ....................................................................................................................... 7 3.3.1 Wetlands ..................................................................................................................... 7 3.3.2 Uplands ....................................................................................................................... 8 3.4 Fish and Wildlife ............................................................................................................. 8 3.4.1 Finfish ......................................................................................................................... 8 3.4.2 Benthic Resources ....................................................................................................... 8 3.4.3 Reptiles and Amphibians ............................................................................................ 8 3.4.4 Birds ............................................................................................................................ 8 3.4.5 Mammals ..................................................................................................................... 9 3.5 Threatened and Endangered Species ............................................................................ 10 3.5.1 Federal Species of Concern ...................................................................................... 10 3.5.2 State Species o£Concem .......................................................................................... 10 3.6 Essential Fish Habitat. .................................................................................................. 10 3. 7 Socioeconomics ............................................................................................................. 10 3.8 Cultural Resources ........................................................................................................ 10 3.9 Coastal Zone Management ........................................................................................... 11 3.10 Hazardous, Toxic, and Radioactive Waste ................................................................... 11 3.11 AirQualityandNoise ................................................................................................... 11 3.11.1 Air Quality ............................................................................................................ 11 3.11.2 Noise ..................................................................................................................... 11 4. ENVIRONMENTAL AFFECTS OF ALTERNATIVES ................................................ 12 4.1 Topography and Soils ................................................................................................... 12 4.2 Water Resources ........................................................................................................... 12 4.2.1 Regional Hydrogeology and Groundwater Resources .............................................. 12 4.2.2 Surface Water ............................................................................................................ 12 4.3 Landscape ..................................................................................................................... 12 4.3.1 Wetlands ................................................................................................................... 12 4.3.2 Upland ....................................................................................................................... 12 4.4 Wildlife .......................................................................................................................... 12 4.4.1 Finfish ....................................................................................................................... 12 4.4.2 Benthic Resources ..................................................................................................... 13 4.4.3 Reptiles and Amphibians .......................................................................................... 13 4.4.4 Birds .......................................................................................................................... 13 May 2010 -iv- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment 4.4.5 4.5 4.6 4.7 4.8 4.9 4.10 4.10.1 4.10.2 4.10.3 4.10.4 4.10.5 4.10.6 Mammals ................................................................................................................... 13 Threatened and Endangered Species ............................................................................ 14 Essential Fish Habit ...................................................................................................... 14 Socioeconomics ............................................................................................................. 14 Cultural Resources ........................................................................................................ 14 Coastal Zone Management ........................................................................................... 14 Hazardous, Toxic, and Radioactive Waste (HTR Vr~) ..................................................... 15 Aerial Photo Review ............................................................................................. 15 RCRA Small Quantity Generator (SQG) .............................................................. 15 Leaking Storage Tank Incident Reports (LTANKS) ............................................ 15 New York Spills Database .................................................................................... 15 Other Databases .................................................................................................... 15 Conclusions and Recommendations ..................................................................... 15 4.11 Air Quality and Noise ................................................................................................... 16 4.11.1 Air Quality ............................................................................................................ 16 4.11.2 Noise ..................................................................................................................... 16 5. CUMULATIVE IMPACTS ............................................................................................... 16 6. COORDINATION .............................................................................................................. 16 6.1 Public Notice ................................................................................................................. 16 6.2 Compliance ................................................................................................................... 16 7. MEASURES TO MINIMIZE AND AVOID IMPACTS ................................................. 18 8. CONCLUSIONS ................................................................................................................. 18 9. PROJECT AREA PHOTOGRAPIIS ............................................................................... 19 10. REFERENCES ................................................................................................................ 23 11. LIST OF PREPARERS .................................................................................................. 24 FIGURES Figure 1. Figure 2. Figure 2. Figure 3. Figure 4. Figure 5. Figure 6. Figure 7. Figure 8. Proposed alignment of road relocation alternative, state RD 25, Southold, NY ... 4 Project Location, state RD 25, Southold, NY ............................................................ 4 Project Area Soils Map, state RD 25, Southold, NY ................................................ 6 Project Site, 4 April 2005 .......................................................................................... 19 Project Site, 16 December 2005 ................................................................................ 19 Project Site, Temporary Repairs Following Storm ................................................ 20 Project Site, Site Visit, 9 August 2007, NorthEast .................................................. 20 Project Site, Site Visit, August 9, 2007, Public Access point, North ..................... 21 Project Site, Site Visit, August 9, 2007, South ......................................................... 21 Figure 9. Project Site, Site Visit, August 9, 2007, east ............................................................ 22 Figure 10. Project Site, Site Visit, August 9, 2007, Southwest ............................................... 22 May 2010 -v- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment TABLES Table 1. TIDAL DATUMS, MATT1TUCK INLET, NY .................................................................. 7 Table 2. PRIMARY LAWS AND REGULATIONS APPLICABLE TO THE PROPOSED PROJECT. .......................................................................................... 17 APPENDICIES APPENDIX A .................................................................................................................................. Section 404(b) (1) Evaluation County RD 48, Long Island Sound, Town of Southold, New York Section 14 ...................................................................................................................................... APPENDIX B .................................................................................................................................. Coastal Zone Consistency Determination New York State Coastal Zone Management Program, County RD 48, Long Island Sound, Town of Southold, New York Section 14 ............. APPENDIX C .................................................................................................................................. New York State Department of Environmentul Tidal Wetland Certificate ................................... APPENDIX D .................................................................................................................................. Town of Southold L WRP ............................................................................................................... APPENDIX E .................................................................................................................................. Cultural Resources ........................................................................................................................ APPENDIX F .................................................................................................................................. Essential Fish Habitat Assessment ............................................................................................... APPENDIX G .................................................................................................................................. U.S. Fish and Wildlife Coordination Act Report .......................................................................... APPENDIX H .................................................................................................................................. Record of Non-Applicability. ......................................................................................................... APPENDIX 1 ................................................................................................................................... Plans ............................................................................................................................................. APPENDIX J ................................................................................................................................... Pertinent Correspondence ............................................................................................................ APPENDIX K .................................................................................................................................. Public Notice and Mailing List ..................................................................................................... APPENDIX L .................................................................................................................................. Comment Letters and Response to Comments .............................................................................. May 2010 -vi- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment 1. PURPOSE AND NEED The U.S. Army Corps of Engineers, New York District (District), is proposing to perform emergency shoreline stabilization along the Orient Harbor shoreline in the Village of Southold, Suffolk County, New York. This study has been authorized under Section 14 of the Flood Control Act of 1946, as amended, to study and construct emergency shoreline protection measures for public works and non-profit public services. The purpose of the project is to provide long-term protection for a 300 fi section of State Route 25. Stabilizing the shoreline will also protect several utilities overhead and buffed underground. eligibility for continued Federal interest in implementing protection for the eroding shoreline immediately adjacent to State Route 25 in the town of Southold, New York under the Continuing Authorities Program Section 14 of the 1946 Flood Control Act, as amended. The project site is located along the shoreline of Orient Harbor at State Road 25. Factors such as wave and tidal action have eroded the shoreline and are undermining the road. Immediately to the west of the project site, a seawall was built along the route in the 1920s. New York State Department of Transportation (NYSDOT) rehabilitated the seawall with rubble stone in the 1980s. Following the failure in 1987 of a repair in designed for NYSDOT by New York State Department of Environmental Conservation (NYSDEC), NYSDOT placed one row of stone along the reach of the proposed project; during storms, the road is subject to over-washing, and after storms NYSDOT regularly places sand and gravel fill along the reach to protect the road from collapse and further undermining. State Route 25 contains utilities, including overhead and buried electrical lines, as well as a gas main buried under the road. In addition, State Road 25 serves as the only thoroughfare to and fi.om the entire North Fork of Long Island to the east, providing access to the Villages of Orient and Orient Point, several parks and the ferries to Connecticut and the Plum Island Animal Disease Center. Loss of the roadway would be a considerable hardship, restricting access to medical care, emergency services, disruption of utilities, closure of the only access route to the east, personal injury, and other necessities for over 600 housing units. 1.1 Proposed Action The project will involve a new stone transition beginning at the eastern most section of the existing wall. The new stone section has a crest elevation of+8 fi. NAVD, two layers of 1200-lb median, 1.9 ft. diameter armor stone overlain on a one-foot thick layer of 12-lb median bedding stone. Bedding stone is placed on geotextile. Crest width of 6 fi. extends seaward from a 5-ft. wide concrete extension to the existing concrete encasement, and then slopes down on 1V:2H side slopes to below existing grade. Bottom elevation of the stone toe matches the existing wall bottom elevation of ~4.1 fi. NAVD (bottom of bedding stone). A trapezoidal toe section (similar to that of the existing wall) consisting of extension of the one-foot bedding layer topped with one layer of armor stone up to existing offshore grade on a 1V:2H slope is included at the seaward end to limit scour effects. May 2010 - 1 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment 2. ALTERNATIVES Two altematives are presented for further consideration: the No Federal Action Alternative and a recommended stabilization alternative. The alternative for stabilizing the slope adjacent to State Route 25 was developed based on meeting the following goals: Provide at least a short-term solution to the erosion of the bank. Provide a cost-effective solution, less expensive than road relocation. Provide a constmctible solution. Work at the site would likely use equipment located adjacent to the road; therefore traffic controls would be necessary. Provide an environmentally acceptable solution with minimized impacts to tidal mudflats regulated by NYSDEC. 2.1 Alternative 1: No Federal Action, Roadway Relocation The formulation of altematives for a Section 14 project requires comparison of road protection alternatives, with the cost of relocating the road. Therefore, this alternative has been prepared as a basis for comparison with the structural alternative proposed to reduce erosion impacts to State Route 25. Under this alternative, the shoreline will continue to erode. NYSDOT would relocate the road to a sufficient distance to the north to establish a stable slope along the road. Several properties will need to be acquired under this alternative and the utilities rmming under and above the road will have to be relocated. The alignment of this alternative is shown in Figure 1. Relocating State Route 25 would be cost prohibitive. In addition to a greater cost, it is likely that road relocation is infeasible due to the real estate impacts. The NYSDOT does not support relocating State Route 25. 2.2 Alternative 2: Seawall Construction Protective works at the east end of the existing East Marion seawall consist of an extended stone section transitioning the existing seawall to existing terrain. The new stone transition begins at the easternmost full section of the existing wall (approximately wall station 207+00, ref. DOT record plans D251705 dated 10/15/86). To provide continuity, new stone work at Station 207+00 will match the existing stone wall crest elevation, bottom elevation at the offshore toe, side slope, seaward extent, and approximate cover layer thickness. Stones for the transition section are sized for a design wave of H 10 = 100-year height of 5.4 fl., with a 95th percentile still water level of 11.8 fi. NAVD. The new stone work transitions approximately 23 fir from the shoreline position of the existing wall northward until it abuts the DOT minimum clearance zone for Rt. 25, which is approximately 17 fl south of the edge of the roadway travel lane. Guide rails for traffic protection will be provided, as well as pedestrian access around the new stone section to the waterline. The new stone section at Station 207+00 has a crest elevation of+8 fir. NAVD, two layers of 1200-lb median, 1.9 fir. diameter armor stone overlain on a one-foot thick layer of 12-lb median bedding stone. Bedding stone is placed on geotextile. Crest width of 6 fir. extends seaward from a 5-fir. wide concrete extension to the existing concrete encasement, and then slopes down on 1V:2H side slopes to below existing grade. Bottom elevation of the stone toe matches the existing wall bottom elevation of-4.1 fi. NAVD (bottom of bedding stone). A trapezoidal toe section (similar to that of the existing wall) consisting of extension of the one-foot bedding layer May2010 -2- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment topped with one layer of armor stone up to existing offshore grade on a 1V:2H slope is included at the seaward end to limit scour effects. Eastward of Section 207+00 the transition section aligmnent moves shoreward on an angle of approximately 35 degrees relative to the existing shoreline, for a distance of approximately 34 feet. The new stone section then follows the alignment of Rt. 25, maintaining its position approximately 17 ft. south of the southern edge of the travel lane for approximately 202 If eastward. Alignment of the new stone section then angles further south, to avoid impact to existing established vegetation for approximately an additional 104 lf. The overall length of the new section (approximately 340 lf) provides stone protection for that portion of Route 25 closest to the water, and takes the stone protection eastward a sufficient distance to reach a more stable cross-section, as evidenced by the surviving vegetation, and the observed limit of chronic wave scarping. The new stone transition section crest elevation lowers from +8.0 ft. NAVD gradually over the 340-ft length to meet existing grade at elevation +4.5 ft NAVD at its eastern end. Simultaneously, the bottom toe elevation rises from -4.1 fi. NAVD to +1.5 fi. NAVD at the eastern end. Cross-section dimensions change accordingly. Stone or paved road surface coverage at the crest and landward protects against erosion caused by wave overtopping. A concrete section matching the existing concrete encasement is included backing the eastem end of the new stone transition for a length of approximately 128 ft. This feature will be reviewed by local sponsors and can be modified to meet local preferences. Sand excavated for stone placement (approximately 1300 CY) will be retained in the system by placing it as fill along the eastern end of the new stone section. Approximately 600 CY of sand fill will be placed extending from mean high water on a IV:2H side slope up to elevation +6 ft. NAVD, continuing landward at elevation +6 to the roadway. Sand fill will extend over the easternmost 225 ft. of the new stone section. Remaining excavated sand will be stockpiled nearby. Loss of the sand cover will be monitored, and the remaining stockpiled material will be placed as needed. This seawall alternative was selected over other coastal protection methods like beach nourishment, groins, bulkheads or submerged breakwaters, because it is an extension of in-kind protection, is the best engineering solution and the most environmentally sound alternative. Bulkhead alternatives would have significant scouring issues, geotube alternatives would be short lived, and subject to vandalism, while submerged breakwaters would likely be more expensive, less effective, and impact a larger sub-tidal footprint. The seawall alternative will provide protection against further coastal erosion and over-wash and may allow for diverse plantings, while minimizing the project footprint below MHW, the impact to the property owners, and the annual maintenance incurred by the non-Federal sponsor. Both plan view and cross-section drawings of the seawall altemative can be found in Appendix I. May2010 -3- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment FIGURE 1. PROPOSED ALIGNMENT OF ROAD RELOCATION ALTERNATIVE, STATE RD 25, SOUTHOLD, NY NY Route 25 at East Marion Town of $ourholcl, Suffolk County, NY -- Roadway Realignment Impacts .- FIGURE 2. PROJECT LOCATION, STATE RD 25, SOUTHOLD, NY May2010 -4- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment N S 910 Fee~ NY Route 25 at East Marion Town of $outhold, Suffolk County, NY -- Erosion Problem -- 3. AFFECTED ENVIRONMENT 3.1 Topography and Soils May2010 -5- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment According to an Inspection and Engineering Report (Pavlo, 1985) compiled prior to the 1987 rehabilitation, soil borings were taken both at locations from 50 to 125 feet into Orient Harbor and immediately landward of the existing seawall. Test pits were dug along the seawall, to determine the below-grade characteristics of the seawall and to visually observe the surface soils at shallow depths. The soil stratification is typical of the geology of Long Island - the product of both glacial and post-glacial deposits covered by recent organic and beachfi-ont sediments and man-made fills.. FIGURE 3. PROJECT AREA SOILS MAP, STATE RD 25, SOUTHOLD, NY May2010 -6- Orient Harbor, $outhold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment 3.2 Water Resources 3.2.1 Regional Hydrogeology and Groundwater Resources Site-specific shoreline erosion rates are not available for the project area, but as illustrated previously there is evidence of recent extensive storm induced erosion. National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS) published tidal benchmark data is available near the project site (NOAA, 2005). Montauk, New York most closely represents tides at the project location Table 1. Mean tide range at Montank, New York is approximately 2.0 feet. TABLE 1. TIDAL DATUMS, MONTAUK, FORT POND BAY, NY 1960-1978 Montauk, NY Montauk, NY Datum (ft MLLW) (ft NGVD) MHHW 2.52 1.22 MHW 2.24 0.94 NGVD 1.30 0.00 MLW 0.17 -0.07 MLLW 0.00 -1.30 Source: NOAA 2008. Bench Mark Sheets, Tidal Datums. 3.2.2 Surface Water Surface and ground water are present at the site. Water depths at the project site range from 0-4 feet, depending on the tides. Surface Water is not present at the site. 3.3 Landscape 3.3.1 Wetlands A review of the National Wetlands Inventory (NWl) mapping provided by the United States Department of the Interior shows that the area east of the existing bulkhead classified as Estuarine Intertidal Emergent Persistent Irregularly Flooded (E2EM 1P). The area does not support intertidal vegetation. Nonetheless, this wetland area falls under the jurisdiction of the New York State Department of Environmental Conservation (NYSDEC). New York State 1974 Tidal Wetland Inventory Map shows that the area east of the existing bulkhead classified as Intertidal Marsh (IM) and the area just upland from the IM, south of State Route 25 is High Marsh or Salt Marsh (HM). Any construction extending into the intertidal flat or construction of bulkheads adjacent to the intertidal zone must be permitted by the NYSDEC. The project will also require review by the New York State Department of State (NYSDOS), Division of Coastal Resources, to determine the project's consistency with policies of the State's Coastal Management Program. May 2010 -7- Orient Harbor, Southold. NY Section 14 Emergency' Shoreline Protection Draft Environmental Assessment 3.3.2 Uplands Upland plants are minimal and are not anticipated to be removed. If any are removed or damaged, they will be replaced. 3.4 Fish and Wildlife New York State, Department of State classifies Orient Harbor as Significant Coastal Fish and Wildlife Habitat (NYSDOS 2002). 3.4.1 Finfish Orient Harbor serves as a nursing and feeding area (April-November) for many estuarine fish species and is considered an important spawning area for weakfish (Cynoscion regalis), winter flounder (Pseudopleuronectes arnericanus), and scup (Stenotomus chrysops; NYSDOS 2002). Other species that could be found within the immediate project include tautog (Tautoga onitis), striped bass (Morone saxatilis), Atlantic salmon (Salmo salar), windowpane flounder (Scopthalmus aquosus), Atlantic sea herring ( Clupea harengus), bluefish (Pornatomus saltatrix), Atlantic mackerel (Scomber scornbrus), summer flounder (Paralicthys dentatus), scup (Stenotomus chrysops), black sea bass (Centropristus striata), king mackerel (Scomberomorus cavalla), Spanish mackerel (Scornberomorus maculatus), cobia (Rachycentron canadum), sand tiger shark (Odontaspis taurus), and blue shark (Prionace glauca; NYSDOS 2002).. 3.4.2 Benthic Resources Invertebrates of the harbor include various species of crab, mantis shrimp, bivalves such as hard clam and soft shell clam and smaller forms of amphipods and polychaete worms. New York State DEC seasonally designates the harbor for shellfishing. 3.4.3 Reptiles and Amphibians No amphibians am expected to inhabit the shoreline because of the high salinity regimes and the degraded conditions of the project area. Amphibians possibly occurring near the shoreline include the northern spring peeper (Pseudacris crucifer crucifer) and American bullfrog (Rana catesbeiana). Reptile species that could potentially occur within the project area include the northern diamondback terrapin (Malaclemys terrapin terrapin), Kemp's ridley sea turtle (Lepidochelys kernpii) loggerhead sea turtle (Caretta caretta), common snapping turtle (Chelydra serpentina), eastern box turtle ( Terrapene carolina carolina), painted turtle ( Chrysemys picta), and green turtle (Chelonia rnydas; NYSDOS 2002, NYSDEC 2007c). 3.4.4 Birds From November-March Orient Harbor supports wintering waterfowl concentration of regional significance. Orient Harbor in also inhabited by nesting Osprey utilizing manmade nesting platforms, April-August (NYSDOS 2002). May2010 -8- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment The 5 x 5 km block covering the project area of The New York State Breeding Bird Atlas, reports the following species as confirmed breeders: Canada goose (Branta cacadensis), mute swan ( Cygnus olor), mallard (Anas platyrhynchos), ring-necked pheasant (Phasianus colchicus), northern bobwhite (Colinus virginianus), green heron (Butorides striatus), osprey (Pandion haliaetus), American kestrel (Falco sparverius), killdeer ( Charadrius wilsonia), American oystercatcher (Haematopus palliates), willet (Catoptrophorus semipalmatus), herring gull (Lams argentatus), least tern (Sterna albifrons), rock dove (Columbia livia), mourning dove (Zenaida macroura), red-bellied woodpecker (Melanerpes carolinus), downy woodpecker (Picoides pubescens), hairy woodpecker ( Picoides villosus) northern flicker ( Colaptes auratus), great-crested flycatcher (Myiarchus crinitus), eastern kingbird (Tyrannus tyrannus), red-eyed vireo (Vireo olivaceus), white-eyed vireo (Vireo griseus), blue jay (Cyanocitta cristata), American crow (Corvus brachyrhynchos), homed lark (Eremophilia alpestris), purple martin (Progne subis)), tree swallow (Iridoprocne bicolor), northem rough-winged swallow (Stelgidopteryx serripennis), barn swallow (Hirundo rustica), black-capped chickadee (Parus atricapillus), white-breasted nuthatch (Sitta carolinensis), house wren (Troglodytes aedon), Carolina wren (Thryothorus ludovicianus), wood thrush (Hylocichla mustelina), American robin (Turdus migratorius), gray catbird (Dumetella carolinensis), northern mockingbird (Mimus polyglottos), brown thrasher (Toxostoma rufum), blue-winged warbler (Vermivora pinus), yellow warbler (Dendroica petechia), European starling (Sturnus vulgaris), prairie warbler (Dendroeia discolor), American redstart (Setophaga ruticilla), common yellowthroat ( Geothlypis trichas), eastern towhee (Pipilo erythrophthalmus), chipping sparrow (Spizella passerine), field sparrow (Spizella pusilla), song sparrow (Melospiza melodia), rose-breasted grosbeak (Pheucticus ludovicianus), common grackle (Quiscalus quiscula), brown-headed cowbird (Molothrus ater), Baltimore oriole (Icterus galbula), and house sparrow (Passer domesticus; NYSDEC 2007a). The 5 x 5 km block covering the project area of The New York State Breeding Bird Atlas, reports the following species as probable breeders: chimney swirl (Chaetura pelagica), belted kingfisher (Megaceryle alcyon), willow flycatcher (Empidonax trailli), black and white warbler (Mniotilta varia) ovenbird (Seiurus aurocapillus), bank swallow (Riparia riparia), scarlet tanager (Piranga rubre), and orchard oriole (lcterus spurious; NYSDEC 2007a). The 5 x 5 km block covering the project area of The New York State Breeding Bird Atlas, reports the following species as possible breeders: wood duck (Aix sponsa), great egret ( Casmerodius albus), snowy egret ( Egretta thula), spotted sandpiper (Actitus macularia), American woodcock ( Philohela minor), red-headed woodpecker (Melanerpes erythrocephalus), eastern wood-pewee (Contopus virens), alder flycatcher (Empidonax alnorum), eastern kingbird ( Tyrannus tyrannus), warbling vireo (Vireo gilvus), and veery ( Catharus fuscescens; NYSDEC 2007a). 3.4.5 Mammals Mammals within the project area are presumed to be those typically found in urban settings. These species include opossum (Didelphis virginiana), raccoon (Procyon lotor), and muskrat (Ondatra zibethica), gray squirrel Sciurus carolinensis), red squirrel (Tamiasciurus hudsonicus), Norway rat (Rattus norvegicus), skunk ( Conepauts mesoleucus), and woodchuck (Marmota monax; Conner 1971). May 2010 -9- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment 3.5 Threatened and Endangered Species 3.5.1 Federal Species of Concern Juvenile life stages of the federally endangered Kemp's ridley tmtle and federally threatened loggerhead sea turtle and green turtle may be found within the Harbor area. Long Island Sound is designated as critical habitat for juveniles, providing important developmental habitat for juvenile turtles (2-5yrs; NYSDEC 2007b). The juveniles are typically found in the Sound from late June until late fall when they migrate to their southern range. Therefore, all three species could potentially be within Orient Harbor during the construction period of the selected plan, though it is highly unlikely they would be at the project site. 3.5.2 State Species of Concern The Kemp's Ridley sea turtle is listed as endangered by the New York Department of Environmental Conservation. The Kemp's ridley turtle and the green turtle are listed as threatened by the New York Department of Environmental Conservation. The New York Department of Environmental Conservation lists osprey and red-headed woodpecker as special concern. Therefore, all four species could potentially be within Orient Harbor during the construction period of the selected plan however, they are highly unlikely to be at the project site 3.6 Essential Fish Habitat Essential Fish Habitat (EFH) are areas identified as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity" under the Magnuson Stevens Fisheries Conservation and Management Act as amended 2006 (MSFCMA). An element included within the EFH description are the presence of adequate prey species that are a food source for one or more designated fish species. Orient Harbor and the adjacent areas are designated as EFH for various life stages of Atlantic salmon, winter flounder, windowpane flounder, Atlantic sea herring, bluefish, Atlantic mackerel, summer flounder, scup, black sea bass, king mackerel, Spanish mackerel, cobia, sand tiger shark, and blue shark. 3.7 Socioeconomics The U.S. Census Bureau 2000 census reports the population is approximately 20,599 people with 93.5 % White, 2.9% black, 0.1% American Indian, 0.4% Asian, 0. t% native Hawaiian, 4.8% Hispanic, 1.5% two or more races, and 1.5 % other race. The median age of the population 44.7 years and median household income is $49,898. The management and professional sector, and sales and office occupation are the largest employers in Southold. Approximately 90.4% of the residences within Southold are single-family homes (U.S. Census Bureau, 2000). 3.8 Cultural Resources In accordance with Section 106 of the National Historic Preservation Act of 1966, as amended, and its implementing regulations, 36 CFR 800, the Corps has completed an investigation designed to identify potentially significant cultural resources within the Area of Potential Effect (APE) for the proposed project (Letter Report dated 17 November, 2009 can be found in Appendix E: Relevant Correspondence). The project APE consists ora strip of land along State Route 25 in the Town of May2010 -10- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment Southold, New York. A review of site files at the New York State Office of Parks, Recreation, and Historic Preservation (NYSOPRHP) found that there is no National Register of Historic Places (NRHP) listed or eligible sites within the APE. There are also no previously recorded archaeological sites or historically mapped evidence of structures or other land use within the APE. 3.9 Coastal Zone Management The Wetland Act of 1970 defines the coastal zone as all tidally influenced wetlands, which includes the wetlands in the Southold Area. Article 42 of the Executive Law defined coastal area as the State's coastal waters and the adjacent shorelands. Based on these definitions, the Long Island Sound and the Atlantic Ocean, and their connecting waterbodies, bays, harbors, shallows and marshes would be included as the coastal area (19 New York Codes, Rules, and Regulations [NYCRR] Part 600.2). The Long Island Sound Coastal Zone Management Program Consistency Determination is provided in Appendix B. 3.10 Hazardous, Toxic, and Radioactive Waste A preliminary Hazardous, Toxic, and Radioactive Waste (HTRW) assessment of the project site was conducted. The assessment focused on the southern side of Route 25, along the shoreline of Orient Harbor. The site is located midway between East Marion Orient Park on the east and Truman's Path on the west in the Township of Orient. This assessment consisted of the review of the regulatory agency files, a Resource Conservation and Recovery Act (P.L. 94-580) Small Quantity Generator, which is defined as generating between 100 and 1,000 kilograms per month of non-acutely hazardous waste, and a site inspection. 3.11 Air Quality and Noise 3.11.1 Air Quality The USEPA measures community-wide air quality based on daily measured concentrations of six criteria air pollutants; carbon monoxide, sulfur dioxide, particulate matter, lead, nitrogen dibxide, and ozone. Based on these measurements of air quality, the USEPA designates attainment areas and non-attainment areas nationwide. Non-attainment areas are designated in areas where air pollution levels persistently exceed the national ambient air quality standards. Suffolk County is located in the New York-New Jersey-Long Island Air Quality Control Region. Similar to most urban industrial areas, emissions from automobiles, manufacturing processes, utility plants, and refineries have affected air quality in the Project Area. Based on the National Ambient Air Quality Standards (NAAQS) six primary pollutants, Suffolk County is designated as a non-attainment ama for ozone and particulate matter and an attainment area for carbon monoxide, sulfur dioxide, lead, and nitrogen dioxide. 3.11.2 Noise Noise is generally defined as unwanted sound. The primary source of noise in the project area is vehicular traffic on local roadways, watercraft traffic, and local construction projects that may be underway. May2010 -11- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment 4. ENVIRONMENTAL AFFECTS OF ALTERNATIVES 4.1 Topography and Soils No significant impacts to topography or geology will result fi.om the implementation of the preferred alternative. The project will reduce the erosion of soils and create a cleaner transition into the ground compared to existing conditions. Additionally, long-term impacts are expected to native soil grain size, structure, nutrient status, and organic matter as the project will end the need for continual fill replacement after wash-over events. 4.2 Water Resources 4.2.1 Regional Hydrogeology and Groundwater Resources The preferred plan is not expected to adversely affect local hydro-geological or groundwater resources. The selected alternative will avoid abrupt transitions to minimize localized scour and will minimize likelihood of alongshore sediment movement. 4.2.2 Surface Water A temporary increase in turbidity may occur during clearing, grubbing, and construction activities. Given the relatively small size of the project in relation to the Harbor, any plume would be small in size and sediment is expected to settle out of the water column upon completion of construction, thereby returning the water quality to pre-construction conditions. Erosion and sediment controls such as turbidity curtains and silt fence will be installed to prevent excess sedimentation to the Harbor. In addition, an oil spill prevention plan outlining precautionary measures to be taken during construction and rapid responsiveness strategies should an accidental oil spill occur will be developed. Alteration of the tidal pattems resulting fi.om project implementation is expected to be extremely localized and inconsequential to the overall tidal patterns of the Harbor system. 4.3 L~ndscape 4.3.1 Wetlands Extending the seawall will modify the substrate of approximately 0.17acres of unvegetated intertidal wetlands. Approximately 1870 sprigs of American beachgrass (Ammophila breviligulata) or Atlantic coastal panicgrass (Panicum amarum) will be planted. 4.3.2 Upland No upland vegetation is anticipated to be removed during project construction. However, vegetation may be planted between SR 25 and the revetment. 4.4 Wildlife 4.4.1 Finfish The project may have a temporary, short-term impact on existing finflsh species during construction. There may be a localized (400 linear feet along shoreline) increase in sedimentation and turbidity fi.om cleating and grubbing and construction activities. This could possibly hinder May2010 -12- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment predation efficiency of sight feeding fish at or adjacent to the project area however, these intertidal areas are often quite turbid due to wave action and re-suspension of sediments. Refer to Section 4.6 Essential Fish Habitat for a summary of impacts to EFH species and Appendix F for a detailed assessment of impacts. The replacement of existing intertidal substrate with the stone seawall may displace some demersal fish from a very small area when it is inundated. However, other species that prefer structure will benefit. These species may include black sea bass, striped bass, tautog, and bay anchovy. Considering the intertidal nature of the project footprint, the project is not expected to adversely impact any spawning areas. A change in benthic species composition to those that prefer the stonewall may change prey availability for some finfish species, but given the relatively small size of the project area (400 linear feet along shoreline), this change is not expected to be significant. Refer to Section 4.6 Essential Fish Habitat for a summary of impacts to EFH species and Appendix F for a detailed assessment of impacts. 4.4.2 Benthic Resources Due to the small project area (400 linear feet along shoreline), the proposed activity may have a minor impact on the benthic community. 4.4.3 Reptiles and Amphibians No adverse impacts to reptile or amphibians are expected from implementation of the selected alternative. Refer to Section 4.5 for endangered and threatened species for a discussion on the impacts to Kemp's Ridley turtle loggerhead sea turtle, and green turtle. 4.4.4 Birds' Birds in the area may temporarily be affected by construction activities. During construction, increased noise levels, and earth moving activities may cause displacement of individuals. However, avian species are highly mobile and are expected to avoid direct mortality. As the project is scheduled during late summer into autumn, disruption to nesting behavior is not expected. Activities along the shoreline may result in a relatively small loss of foraging habitat for wading and shorebirds, but it is expected that they will utilize the shorelines of the adjacent properties. No breeding habitat will be affected. Native vegetation will be planted. Therefore, significant long-term impacts to bird species from project implementation are not anticipated. 4.4.5 Mammals During construction, heavy machinery activity and increased noise levels will probably cause the displacement of any small mammals, which previously existed in close proximity to the construction site. There is the potential for some mortality for species, which tend to hide instead of immediately escape. However, most mammals are mobile and should avoid direct mortality from construction activities. Consequently, no significant impacts to mammals are anticipated. May 2010 -13- Orient Harbor, Southold, NY Section 14 Emergency' Shoreline Protection Draft Environmental Assessment 4.5 Threatened and Endangered Species There are no foreseeable impacts on the Kemp's ridley turtle, loggerhead sea turtle, green turtle, red-headed woodpecker, and osprey species. Because there will be no construction activities in the water and these species do not utilize the shoreline habitat, where the project area is located, the turtles will not be impacted. The vegetation surrounding the construction area does not support the avian species. 4.6 Essential Fish Habit The selected plan may have an indirect, short-term impact to a very limited portion of EFH designated species. Turbidity and activity from construction activities may displace resident fish to localities elsewhere in the Harbor. There may be a localized increase in sedimentation and turbidity from clearing and grubbing and construction activities. This could possibly hinder predation efficiency of sight feeding fish at or adjacent to the project area however, these intertidal areas are often quite turbid due to wave action and re-suspension of sediments. A detailed EFH assessment is provided in Appendix F. The conclusion of this assessment believes that implementation of the selected plan will not present significant adverse impacts to EFH species and habitat. 4.7 Socioeconomics Implementation of the project may have temporary adverse socioeconomic impacts. Traffic may be closed to one lane during construction activities. Implementation of the project will not have any long-term adverse socioeconomic impacts. 4.8 Cultural Resources Based on the initial cultural resources assessment it has been determined that the project is not likely to impact cultural resources. There is no National Register of Historic Places (NRHP) listed or eligible sites within the APE. There are also no previously recorded archaeological sites or historically mapped evidence of structures or other land use within the APE. The anticipated level of ground disturbance from the project is expected to be minimal and to be conducted within an area that is expected to be disturbed. In order to ensure that the project is carded out with no impacts to cultural resources the Corps plans to conduct monitoring during construction. Consultation with the NYSOPRHP is underway (see Letter Report dated 17 November 2009). 4.9 Coastal Zone Management Based on a review of the applicable policies, the USACE has identified the guidelines applicable to the Project. The proposed Project is consistent with the policies set forth in the Long Island Sound Coastal Management Program. The Coastal Zone Management Determination is attached in Appendix B of this report. May2010 -14- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment 4.10 Hazardous, Toxic, and Radioactive Waste (HTRW) The site inspection, database reviews, and aerial photographs did not identify HTRW concerns at the project site. Based upon the HTRW assessment there are no concerns. 4.10.1 Aerial Photo Review Photos downloaded from Google Ea~ah were sufficient to determine the site's location to other structures and roads. 4.10.2 RCRA Small Quantity Generator (SQG) A review of the RCRA Waste Generator list showed no facilities within a 0.25 mile of the site and therefore, there are no SQG issues with this site. 4.10.3 Leaking Storage Tank Incident Reports (L TANKS) A review of the inventory showed no leaking tanks within a half mile of the site and therefore, leaking tanks will not be an issue at this site. 4.10.4 New York Spills Database A review of the database, spanning back five years showed no spills within 1/8 mile of the site. 4.10.50therDatabases There were no sites within one mile that were listed in the National Priority List (NPL), Proposed NPL, Corrective Action Report (CORRACTS) List Facilities, state Hazardous Waste, Superfund (CERCLA) Consent Decrees (CONSENT), Records of Decision (ROD), Delisted NPL, Coal Gas, Department of Defense (DOD) databases. Additionally, there were no sites within a half mile that were listed in the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS), Resource Conservation and Recovery Information System (RCRIS), State Landfill, Major Oil Facilities (MOF), Registered Waste Tire Storage Facility (SWTIRE), Registered Recycling Facility List (SWRCY), Brownfields, Hazardous Substance Waste Disposal Site Inventory (HSWDS), MOSF Above Ground Storage Tank (AST) and Voluntary Cleanup Agreement databases. 4.10.6 Conclusions and Recommendations The site inspection and database reviews did not identify any HTRW concems at the site. There are no issues concerning any potential construction at this site. May2010 -15- Orient Harbor, Southold. NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment 4.11 Air Quality and Noise 4.11.1 Air Quality Land-based heavy equipment used during construction may contribute minor amounts of pollutants in the immediate vicinity of the project. However, construction activities will have no significant or long-term impact on air quality. Land-based construction activities are covered under New York State's State Implementation Plan (SIP). A draft Record of Non-Applicability is provided in Appendix H. 4.11.2 Noise There will be a minor increase in noise levels in the immediate project area during operation of construction equipment. However, these impacts are expected to be minimal, short-term, and limited to the period of active construction. There will be no long-term impact on noise levels. 5. CUMULATIVE IMPACTS The project will increase the amount of hardened shoreline in the area. However, the shoreline adjacent, east of the project area, is not hardened so the overall loss of intertidal substrate is restricted to the project area which is extremely small in area in comparison to the surrounding, extant intertidal sediment areas There will be no a appreciable loss of fishery, benthic or other environmental resources including functional habitats. Therefore, this project will not produce or add to any significant cumulative impacts. 6. COORDINATION 6.1 Public Notice A public notice announcing the availability of the Environmental Assessment for public review and comment shall be mailed to Village residents living on SR 25 near the project site, local, county, and state officials, local, state, and federal agencies and special interest organizations. A copy of the public notice and the mailing list is located in Appendix K. 6.2 Compliance The District is coordinating with the U.S. Fish and Wildlife Service (USFWS) in compliance with the Fish and Wildlife Coordination Act, as amended 1964. Pending completion of formal coordination, the USFWS shall issue a Fish and Wildlife Coordination Act Report. The letter fi.om the New York State Historic Preservation Office in Appendix E reflects the coordination conducted with the U.S. Fish and Wildlife Service and with NYSHPO. The Draft EA served as the basis for coordination with the NYSDEC, the NOAA - Marine Fisheries Service and New York State Department of State (NYSDOS), Coastal Resources Division. Formal correspondence completing the coordination process with NYSDEC, NOAA-Fisheries, and NYDOS are pending. However, continued coordination with the three agencies has indicated that the NYSDEC agrees with the Districts plans, NOAA-fisheries will not be making any EFH conservation recommendations for the project, and that NYDOS concurs with the Coastal Zone Management Determination prepared for the project. May2010 -16- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment TABLE 2. PRIMARY LAWS AND REGULATIONS APPLICABLE TO THE PROPOSED PROJECT Legislative Title U.S. Code or Date Compliance Clean Air Act 42 U.S.C. 66 7401 - An air quality analysis was completed for the 7671g project. Based upon the completed analysis, the emissions from the project are considered to have an insignificant impact on the regional air quality, and according to 40 CFR 93.153 (f) and (g) the proposed project is presumed to conform to the SIP. Clean Water Act 33 U.S.C. 69 1251 If required, a Tidal Wetlands Permit shall be et seq. included in Appendix C. Coordination with NYSDEC has indicated that the agency concurs with the EA. Formal correspondence stating such is pending Coastal Zone 16 U.S.C. 69 1451- A Coastal Zone Consistency Statement is included Management Act of 1464 in Appendix B. Coordination with New York 1972 N.J.A.C. 7:7 and Department of State has indicated that the agency N.J.A.C. 7:7E concurs with the CZM Determination. Formal correspondence stating such is pending Endangered Species 16 U.S.C. 99 1531 Information provided by the U.S. Fish and Act of 1973 et seq. Wildlife Service indicates that the proposed project will not have adverse impacts to any endangered or threatened species. Fish and Wildlife 16 U.S.C. 6 661 et A Fish and Wildlife Coordination Act Report shall Coordination Act seq. be included in Appendix G. Coordination with USFWS has indicated that the agency concurs with the EA. Formal correspondence stating such is pending Magnuson Stevens 16 U.S.C. 96 1801 Formal correspondence with NYSDOS shall be Fisheries et seq. included in Appendix B. Coordination with Conservation and NYSDOS has indicated that the agency concurs Management Act with the EFH determinations. Formal correspondence stating such is pending National 42 U.S.C. 69 4321- The circulation of the Finding of No Significant Environmental Policy 4347 Impact shall fulfill the requirements of this act. Act of 1969 National Historic 16 U.S.C. 69 470 et The Corps has continued to coordinate with New Preservation Act of seq. York State Historic Preservation Office to fulfill 1966 requirements of this act. Correspondence indicating NYSHPO's non objection to the project is located in Appendix E May 2010 -17- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment Executive Order May 24, 1977 Circulation of this report for public and agency 11990, Protection of review fulfills the requirements of this order. Wetlands Executive Order April 21, 1997 Implementation of this project will not adversely 13045, affect environmental health and safety risks to Protection of children. Circulation of this report for public and Children from agency review fulfills the requirements of this Environmental Health order. Risks and Safety Risks 7. MEASURES TO MINIMIZE AND AVOID IMPACTS The following measures were taken to minimize and avoid adverse environmental impacts: · Placement of the stonewall and majority of fill material above the Mean High Water elevation; · Development and implementation of an erosion and sediment control plan. As part of the plan, turbidity curtains or silt fence will be installed along the entire length of the shoreline to prevent sediment entering Orient Harbor; · Preparation of an oil spill prevention plan; · Planting native vegetation to enhance the habitat value of the site. 8. CONCLUSIONS The selected plan will provide long-term stabilization and protection to the road aboveground and underground utilities while minimizing adverse environmental impacts. Without the project, the shoreline will continue to recede and threaten the integrity of State Route 25 and the utility lines. Adverse environmental and economic impacts could result should the natural gas line rupture and discharge into the Harbor. Measures to minimize adverse environmental impacts include implementing an erosion and sediment control plan and an oil spill contingency plan. Therefore, the proposed emergency shoreline protection project along SR 25 in the town of Southold is not anticipated to have significant adverse impacts on the environment, and would therefore result in a Finding of No Significant Impact following the public comment period for this EA. May2010 -18- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment 9. PROJECT AREA PHOTOGRAPHS FIGURE 3. PROJECT SITE, 4 APRIL 2005 FIGURE 4. PROJECT SITE, 16 DECEMBER 2005 May2010 -19- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Drqft Environmental Assessment FIGURE 5. PROJECT SITE, TEMPORARY REPAIRS FOLLOWING STORM FIGURE 6. PROJECT SITE, SITE VISIT, 9 AUGUST 2007, NORTHEAST May 2010 -20- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment FIGURE 7. PROJECT SITE, SITE VISIT, AUGUST 9, 2007, PUBLIC ACCESS POINT, NORTH FIGURE 8. PROJECT SITE, SITE VISIT, AUGUST 9, 2007, SOUTH May2010 -21- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment FIGURE 9. PROJECT SITE, SITE VISIT, AUGUST 9, 2007, EAST FIGURE 10. PROJECT SITE, SITE VISIT, AUGUST 9, 2007, SOUTHWEST May 20lO -22- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment 10. REFERENCES Connor, P.F. 1971. The Mammals of Long Island, New York. New York State Museum and Science Service Bulletin No. 416.78 pp National Oceanic and Atmospheric Administration. updated 2005; cited 5 November 2008. Bench Mark Sheets, Tidal Datums. http://tidesandcurrents.noaa.gov/data menu.shtml?stn=8512668%20Mattituck%20Inlet,%0 NY&type=Datums. National Oceanic and Atmospheric Administration. updated June 2005; cited 5 November 2008. Summary of Essential Fish Habitat (EFH) Designation. http://www.nero.noaa.gov/hcd/STATES4/corm li ny/41007220.html. New York State Breeding Bird Atlas 2000. 2000 - 2005. Release 1.0. New York State Department of Environmental Conservation. updated 2007a Jun 11. cited 5 November 2008. http://www.dec.ny.gov/animals/7312.html. New York State Department of Environmental Conservation. updated 8 August 2007b cited 5 November 2008. List of Endangered, Threatened, and Special Concern Fish & Wildlife Species of New York State. http://www.dec.state.ny.us/website/dfwmr/wildlife/endspec/shn ostur.html/endspec/shnostur.html. New York State, Department of Environmental Conservation. updated 2009; cited 5 November 2008 Part 41: Sanitary Condition of Shellfish Lands. http://www.dec.ny.gov/regs/4014.html#Hashamomuck Pond7. New York State, Department of Environmental Conservation. updated 11 June 2007c; cited 5 November 2008 Herp Atlas Project. http://www.dec.ny, gov/animals/7140.html. New York State Department of State, revised 15 May 2002, cited 20 January 2010. http://www.nyswaterfronts.com/downloads/pdfs/sig hab/Longlsland/Orient Harbor.pdf U. S. Army Corps of Engineers, New York District. 2008. Initial Appraisal Report for Emergency Coastal Storm Damage Reduction Project (Section 14), Long Island Sound, Town of Southold, New York. U.S. Army Corps of Engineers, New York District. U.S. Census Bureau. cited 5 November 2008. Table DP-1. Profile of General Demographic Characteristics: 2000 Geographic area: Southold town, Suffolk County, New York http://www.co.suffolk.ny, us/upload/planning/pdfs/00SUpdf. May 2010 -23- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental Assessment 11. LIST OF PREPARERS Matthew Voisine, Biologist, U.S. Army Corps of Engineers, New York District, Planning Division, Environmental Analysis Branch, Watershed Section. Christopher Ricciardi, Ph.D., R.P.A, Project Archeologist, U.S. Army Corps of Engineers, New York District, Planning Division, Environmental Analysis Branch. Richard Dabal, Project Environmental Scientist, U.S. Army Corps o£ Engineers, New York District, Planning Division, Environmental Analysis Branch. Carissa Scarpa, Project Archeologist, U.S. Army Corps of Engineers, New York District, Planning Division, Environmental Analysis Branch. May2010 -24- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Environmental ~lssessment APPENDIX A SECTION 404(B) (1) EVALUATION STATE ROUTE 25, ORIENT HARBOR, TOWN OF SOUTHOLD, NEW YORK SECTION 14 May 2010 Appendix A - 1 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Section 404(b) (1) Evaluation I PROJECT DESCRIPTION A) Location Town of Southold, Suffolk County, New York. B) General Description Protective works at the east end of the existing East Marion seawall consist o fan extended stone section transitioning the existing seawall to existing terrain along 340 ft. of shoreline. Stones for the transition section are sized for a design wave of H10 = 100-year height of 5.4 ft., with a 95th percentile still water level of 11.8 ft. NAVD. C) Authority and Purpose The study has been authorized under Section 14 of the Flood Control Act of 1946 as amended, to study and construct emergency protection measures for public works and non- profit public services. The purpose of the project is to provide shoreline stabilization and long-term protection to a major thoroughfare and assorted utilities in the Town of Southold. D)General Description of Fill Material 1) Characteristics of Material Two layers of 1200-lb median, 1.9 ft diameter armor stone overlain on a one-foot thick layer of 12-lb median bedding stone. Bedding stone is placed on geotextile. Soil and vegetation will also be used. 2) Quantity of Material 1804 tons #1500 stone, 731 tons bedding stone, 358 tons armor stone, 1557 square yards geotextile, and 1870 sprigs beach grass plantings. 3) Source of Material The rock will be obtained from a local quarry. Soil fill will be clean material and will be acquired at an adequate site. The sheet piling will be bought from a reputable manufacturer and will comply with all specifications and quality standards. E)Description of the Proposed Discharge Sites 1) Location The discharge site is located on along the northern shoreline of Orient Harbor in the town of Southold, NY. 2) Size Approximately 340 ft of shoreline will be stabilized. 3) Type of Site The project area is urbanized in nature bounded by a two lane state road and single-family homes to the north and the harbor to the south. 4) Types of Habitat At 0.002 acres of vegetation, the habitat value is minimal. The unconsolidated fill that has been placed on the site washes away after storm events. May 2010 AppendkA -2 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Section 404(b) (1) Evaluation The aquatic habitat consists ofunvegetated intertidal wetland classified as Estuarine Intertidal Emergent Persistent Irregularly Flooded (E2EM 1P). 5) Time and Duration of Disposal Construction is scheduled to begin in June 2010 and is expected to last 3 months. 6) Description of Disposal Method No material is anticipated to be removed fi.om the site. II FACTUAL DETERMINATION A) Physical Substrate Determinations 1) Substrate Evaluation and Slope The soil types from the road to the toe of slope are brown sand mixed with gravel and quartz. The intertidal substrate consists mainly of cobble. The slope of the intertidal area is mild (> 10H:IV), while the slope above the Mean High Water elevation ranges fi.om 2H:IV to 1H:IV. 2) Sediment Type The soil types fi.om the road to the toe of slope are brown sand mixed with gravel and quartz. The intertidal substrate consists mainly of cobble and sand. 3) Dredged/Fill Material Movement Placement and grading of fill, riprap, and installation of stonewall will result in some short- term increase in turbidity in the immediate area. Due to the relatively small size of the project, the turbidity is not expected to exceed conditions observed following heavy rainstorms. Turbidity increases will therefore be limited to a small area, a temporary nature, highly localized, and will rapidly dissipate. 4) Physical Effects on Benthos Benthos likely be disturbed during construction of the stonewall. However, no long-term impacts are anticipated, with some minimal changes to benthos community fi.om soft beach to rough surfaces. 5) Other Effects Due to the small size of the project, no unique or other effects are anticipated fi.om this project. 6) Actions Taken to Minimize Impacts Turbidity curtains will be installed along the shoreline and work will be limited to that which can be completed and stabilized in one day... B) Water, Circulation, Fluctuations and, Salinity Determinations 1) Salinity No effect May 2010 Appendix A - 3 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Section 404(b) (1) Evaluation 2) Water Chemistry No effect 3) Clarity Water clarity may be slightly impacted during construction activities; No long-term effect is anticipated. 4) Color No effect 5) Odor No effect 6) Taste No effect 7) Dissolved Gas Levels No effect 8) Nutrients No effects 9) Eutrophication No effect 10) Others as Appropriate No other adverse impacts are anticipated from the project. C) Current Patterns and Circulation 1) Current Patterns and Flow The project may have a slight effect on current flow within the immediate project area, but is not expected to have any substantial impact on current velocity or flow within the Harbor. 2) Velocity The project does not involve the installation of any barriers that would change the velocity or direction of the prevailing currents. 3) Stratification The project will not affect stratification, as the project is located above the MHW elevation. 4) Hydrologic Regime No effect 5) Normal Water Level Fluctuations The average tide difference is 2.1 ft. The project will not cause any change in normal water levels within the Harbor in general or on the site in particular. May 2010 Appendix A - 4 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Section 404(b) (1) Evaluation 6) Salinity Gradients Salinity levels range between 27-28 ppt. The project is not expected to affect the salinity gradients. 7) Actions Taken to Minimize Impacts Turbidity curtains will be installed along the shoreline and work will be limited to that which can be completed in one day. Vegetation will be planted between the stonewall and the road to enhance visual impacts. D) Suspended Particulate/Turbidity Determinations 1) Expected Changes in Suspended Particulates and Turbidity Levels in Vicinity of Disposal Sites There are no anticipated affects on turbidity and suspended sediment concentrations. If any increases occur, they will be highly localized, temporary, and readily dissipated by the currents and wave actions normally observed along this stretch of shoreline. The long-term benefits of shoreline stabilization will be to reduce the particulate matter inputs currently associated with the eroding shoreline. 2) Effects on Chemical/Physical Properties of the Water Column: (a) Light Penetration No reduction in light penetration is anticipated. If any were to occur, localized reductions will fall within the range of conditions that normally occur following heavy precipitation. (b) Dissolved Oxygen The project is not anticipated to have any impact on the basic chemical, dissolved oxygen, and nutrient atthbutes of the sound. This assessment is based on the size of the project in relation to the size of the sound, the predominantly inorganic nature of the bank and bottom materials, and the absence of any discharges of dissolved nutrients or oxygen demanding wastes. (c) Toxic Metals and Organics The proposed construction will not have any impact on levels of trace metals or organic contaminants. There is no history of metal or organic contamination of the soils at the site. (d) Pathogens The project will not cause any change in pathogen levels as no sewage or animal waste use or treatment is involved. (e) Aesthetics The aesthetics of the project area have already been somewhat degraded due to the eroding shoreline. The proposed project will prevent further impairment of the shoreline through the installation of new stabilization features. The bulkhead will join the existing bulkheads and provide continuity. Additionally, vegetation will be planted along the northern portion of the project. (t) Others as Appropriate May 2010 Appendix A - 5 - Orient Harbor, Southold, NY Section ! 4 Emergency Shoreline Protection Draft Section 404(b) (1) Evaluation Not applicable 3) Effects on Biota (a) Primary Production, Photosynthesis Not applicable (b) Suspension/Filter Feeders Any effects on the biota will be limited to the immediate near-shore environment of the project site and be short-term in nature until construction is completed (c) Sight Feeders Sight feeders may be impacted during construction activities by the m-suspension of sediment and will avoid the area throughout the construction period. The impact will be temporary in nature. 4) Actions Taken to Minimize Impacts Turbidity curtains will be installed along the shoreline and work will be limited to that which can be completed and stabilized in one day. E) Contaminant Determinations All fill material will be clean and will not pose a risk. No known hazardous or toxic waste is known to be present on the site F) Aquatic Ecosystem and Organism Determinations 1) Effects on Plankton No significant effects 2) Effects on Benthos Change or loss of substrate is expected to be temporary and localized. Re-colonization of the area is anticipated after project construction. 3) Effects on Nekton The project is unlikely to have any significant, widespread, or long lasting effects on these highly mobile organisms. Due to their mobility, these organisms will avoid the site if and when conditions are unsuitable. 4) Effects on Aquatic Food Web Given the relatively small size and short duration of the disturbances associated with the project within the overall context of the size and volume of Orient Harbor, significant short or long term impact on this aspect of the aquatic community are not expected. Any impacts will be minor and limited to the immediate project area. 5) Effects on Special Aquatic Sites (a) Sanctuaries and Refuges Not applicable (b) Wetlands May 2010 Appendix A - 6 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Section 404(b) (1) Evaluation Approximately 0.17 acres ofunvegetated Estuarine Intertidal Emergent Persistent irregularly Flooded (E2EM1 P) wetlands will be converted from sand/gravel substrate to rock with the placement of the stonewall protection (c) Mudflats Not applicable (d) Vegetated Shallows Not applicable (e) Coral Reefs Not Applicable (f) Riffle and Pool Complexes Not applicable 6) Threatened and Endangered Species Kemp's ridley turtle, loggerhead sea turtle, green turtle, red-headed woodpecker, and osprey species will not be adversely impacted from project implementation. 7) Other Wildlife The project will not have any significant long-term impacts on the waterfowl, birds, reptiles, amphibians, or mammals in the project area. Due to construction occurring in the winter when many wildlife species are not present and due to the mobility of wildlife, many will avoid the site if conditions are temporarily unsuitable. 8) Actions to Minimize Impacts Turbidity curtains will be installed along the shoreline and work will be limited to that which can be completed and stabilized in one day. G) Proposed Disposal Site Determinations 1) Mixing Zone Not applicable 2) Determination of Compliance with Applicable Water Quality Standards Fill will be clean construction material and will meet water quality standards. 3) Potential Effects on Human Use Characteristic (a) Utilities The project will benefit power and telephone lines above ground as well as water and gas lines below ground, along SR25. (b) Recreational and Commercial Fisheries The project is not expected to have any adverse impacts to recreational or commercial fisheries. (c) Water Related Recreation May 2010 Appendix A 7 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Section 404(b) (1) Evaluation The shoreline currently offers no public benefits for recreational uses therefore; no permanent or temporary adverse impacts are expected because of project implementation. (d) Aesthetics The aesthetics of the project area have already been somewhat degraded due to the eroding shoreline and the presence. The proposed project will prevent further impairment of the shoreline through the installation of new stabilization features. The project will be sloped down to the shoreline, which will prevent it fi.om becoming a focal point. Additionally, vegetation will be planted along the eastern end of the stonewall to soften the visual impact and connect with the existing vegetation. (e) Parks, National and Historical Monuments, National Seashores, Wilderness Areas, Research Sites, and Similar Preserves Not Applicable (f) Determination of Cumulative Effects on the Aquatic Ecosystem No cumulative effects from this project are expected on the aquatic ecosystem. (g) Determination of Secondary Effects on thc Aquatic Ecosystem No secondary effects on the aquatic ecosystem are expected fi.om this project. III FINDINGS OF COMPLIANCE OR NON-COMPLIANCE WITH THE RESTRICTIONS ON DISCHARGE No significant adaptation of the Section 404(b) (1) guidelines was made relative to this evaluation. The objective of protecting SR25, the above and below ground utilities necessitates stabilizing thc shoreline with a bulkhead. The proposed activity will not violate the Toxic Effluent Standards of Section 307 of the Clean Water Act. The proposed disposal operations will not harm any endangered species or its critical habitat under the Endangered Species Act of 1973 or Essential Fish Habitat under the Magnuson Stevens Fisheries Conservation and Management Act. The proposed discharge of fill material will not result in significant adverse effects on human health and welfare, including municipal and private water supplies, recreational and commercial fishing, plankton, fish, shellfish, wildlife, and special aquatic sites. The life stages of aquatic life and other wildlife will not be significantly affected. Appropriate steps to minimize potential adverse impacts of the discharge of fill material include the implementation of an erosion and sediment control plan and judicious engineering practices May 2010 Appendix A - 8 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Section 404(b) (1) Evaluation APPENDIX B COASTAL ZONE CONSISTENCY DETERMINATION NEW YOR STATE COASTAL ZONE MANAGEMENT PROGRAM, STATE ROUTE 25, ORIENT HARBOR, TOWN OF SOUTHOLD, NEW YORK SECTION 14 PENDING COMPLETION OF FORMAL CONSULATATION WITH NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF COASTAL RESOURCES, COASTAL MANAGEMENT PROGRAM (CMP) May 2010 Append~B - 1- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Coastal Zone Consistency Determination PROJECT Emergency Coastal Storm Damage Reduction Project (Section 14) Long Island Sound, Town of Southold, New York. For a complete Project history and description, refer to Sections 1.0 and 2.2, of the Environmental Assessment (EA). APPLICANT U.S. Army Corps of Engineers, New York District (District) APPLICABLE POLICIES Based on a review of the Coastal Zone Management Program policies for the Long Island Sound Coastal Zone Management Program CONSISTENCY DETERMINATION Each of the policies was evaluated with respect to the Project's consistency with their stated goals. The Project has been found to be consistent with applicable State Policies. Policy 1: Foster a pattern of development in the Long Island Sound coastal area that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. 1.1 Concentrate development and redevelopment in or adjacent to traditional waterfront communities. The project will serve to stabilize the existing infrastructure, thereby encouraging any potential new development opportunities. To better integrate the project into the character of the community, the stonewall will tie into to the existing wall and vegetation will be planted along the slope. Therefore, it has been determined that the project conforms to this sub-policy. !.2 Ensure that development or uses take appropriate advantage of their coastal location. The project area currently does not support any water dependent uses nor will interfere with the docks of adjacent properties. Therefore, the project conforms to this sub-policy. 1.3 Protect stable residential areas. The preferred alternative will protect the SR 25, the only road into the Hamlet of Orient, and will protect existing homes and utilities. Therefore, the project conforms to this sub-policy. 1.4 Maintain and enhance natural areas, recreation, open space, and agricultural lands. Stabilization of the shoreline will allow the main thoroughfare into the Hamlet of Orient to be minimally at risk of destruction, thus enhancing economic sustainability and preventing the potential need to develop any available open space to create new infrastructure. The aesthetics of the site are already impaired May2010 Appendix B - 2 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Coastal Zone Consistency Determination due to the severe erosion. A more uniform slope will be created and native vegetation will be planted to help maintain the aesthetic quality of the area and reduce the visual impact of the stonewall. Therefore, the project is consistent with this sub-policy. 1.5 Minimize adverse impacts of new development and redevelopment. The stonewall is pulled away from MHW in order to minimize impact. The stonewall will also taper towards the road and down into the beach. Due to the small parcel size, severe erosion, the land was unusable therefore, there will be no land use impacts from installation of the stonewall. The project will prevent economic and environmental impacts by stabilizing the road and reducing the risk of a sewer and gas line rupture. Therefore, the project is consistent with this sub- policy. Policy 2: Preserve historic resources of the Long Island Sound coastal area. Based on a Phase I Cultural Resources survey conducted for the project, there are no significant historic or archaeological resources within the project area. Therefore, this policy and associated sub-policies are not applicable to the project. Policy 3: Enhance visual quality and protect scenic resources throughout Long Island Sound. 3.1 Protect and improve visual quality throughout the coastal area. The eroding road, piles of fill, and sand washed along the road have impaired thc visual quality of the project area. The project will transition into the existing seawall looking the same and slope downward, which will help prevent it from becoming a focal point that could otherwise detract from the shoreline's aesthetic value. Further, vegetation will be planted along the eastern edge of the seawall to reduce adverse aesthetic impacts of the wall. 3.2 Protect aesthetic values associated with recognized areas of high scenic quality. Although the project area is not designated as a scenic area, there are areas designated scenic to the east and west. Currently, the area is scoured, contains piles of fill that disperse throughout the area, and has large rocks. The seawall would be an aesthetic improvement to this area Policy 4: Minimize loss of life, structures, and natural resources from flooding and erosion. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The project is located in an established residential area, which precludes relocation of the existing road, utilities and potentially adjacent residences. The preferred alternative optimizes providing the highest level of protection while May 2010 Appendix B -3 ~ Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Coastal Zone Consistency Determination minimizing adverse environmental impacts. Therefore, the project complies with this policy. 4.2 Preserve and restore natural protective features. The preferred alternative limits intrusion into the harbor to the greatest extent practicable and is not anticipated to interfere with coastal processes. Ultimately, the project will protect the sound's water quality by reducing sedimentation and the risk of accidental gas discharge from the utility lines located under SR 25. Therefore, the project is consistent with this sub-policy. 4.3 Protect public lands and public trust lands and use of these lands when undertaking all erosion of flood control projects. Usc of the site before the project initiation was private, but potential opportunities to make the land available for public use are not practicable. Creating a public accessible area would entail extensive encroachment beyond the MHW elevation, expanding impacts described in thc EA. Therefore, implementation of the project will not cause loss of public access and is thus consistent with this sub- policy. 4.4 Manage navigation infrastructure to limit adverse impacts on coastal processes. This sub-policy is not applicable to the project. 4.5 Ensure that expenditure of public funds for floo. ding and erosion control projects results in a public benefit. Implementation of the preferred alternative will maintain erosion control along the north fork of Long Island and will protect utilities, which include water, cable, gas, and telephone lines. It will also protect the only road into Orient. 4.6 Consider sea level rise when sitting and designing projects involving public expenditures. The seawall will be installed at the 50-year surge level or higher and has a 50-year project life to accommodate sea level rise. Therefore, the project is consistent with this policy. Policy 5: Protect and improve water quality and supply in the Long Island Sound coastal area. 5.1 Prohibit direct or indirect discharges, which would cause or contribute to contravention of water quality standards. The preferred alternative supports this policy by protecting gas line located under SR 25, which could rupture if the erosion of the shoreline continues to be unabated. 5.2 Manage land use activities and use best management practices to minimize nonpoint pollution of coastal waters. May2010 Append& B- 4- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Coastal Zone Consistency Determination An erosion control plan will be developed and implemented during construction to minimize sedimentation to the sound. Additionally, an oil spill contingency plan will be prepared for the construction equipment. Therefore, the project is consistent with this sub-policy. 5.3 Protect and enhance the quality of coastal waters. The preferred alternative supports this sub-policy by minimizing the introduction of soils into the sound because of continued shoreline erosion. In addition, the proposed vegetation to be planted along the upper portion of the slope will filter runoff from the road and help stabilize soil. Thus, the project has been determined to be consistent with this sub-policy. 5.4 Limit the potential for adverse impacts of watershed development on water quality and quantity. This sub-policy is not applicable to the project. 5.5 Protect and conserve the quality and quantity of potable water. This sub-policy is not applicable to the project. There are no known potable water supplies within the immediate project area. There is however, a water line under the road that could be impacted if erosion of the shoreline were to continue. Policy 6: Protect and restore the quality and function of the Long Island Sound ecosystem. 6.1 Protect and restore ecological quality throughout Long Island Sound. Thc project will contribute to maintaining local water quality area by reducing the level of sedimentation currently occurring to the project area, filtering mn-off fi.om the street, and reducing the risk of a possible gas line rapture. The project will also be planted with native vegetation. Therefore, the project conforms to this sub-policy. 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. The preferred altemative protect Significant Costal Fish and Wildlife Habitats by directing the stonewall toward the road and sloping down toward the beach. The construction of the stonewall is impacting only 0.17 acres of tidal wetlands on a beach that currently has human impacts. As described in the EA, fish and wildlife habitat will not be impacted therefore; the project is consistent with this sub-policy 6.3 Protect and restore tidal and freshwater wetlands. The preferred alternative minimizes wetland impacts by directing the stonewall toward the road and sloping down toward the beach. Therefore, the project is consistent with this sub-policy. 6.4 Protect vulnerable fish, wildlife and plant species, and rare ecological communities. May2010 Appendix B - 5 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Coastal Zone Consistency Determination The project area is designated as EFH for various life stages of red hake ( Urophycis chuss), winter flounder ( Pseudopleuronectes arnericanus), windowpane flounder (Scopthalmus aquosus), Atlantic mackerel (Scomber dentatus), scup (Stenotornus chysops), king mackerel (Scornberomorus cavalla), Spanish mackerel (IScomberomorus maculates), cobia (Rachycentron canadum), Atlantic sea herring (Clupea harengus) Atlantic salmon (Salmo salar) bluefish (Pomatomus saltatfix) summer flounder (Paralicthys dentatus) pollock (Pollachius virens) black sea bass (Centropristus striata) and sand tiger shark (Odontaspis taurus).. In addition, the State species of Concern osprey may occur in the area. However, significant adverse impacts to EFH and endangered species resulting from the implementation of the project are not anticipated. Further information regarding EFH and Federal and State Species of Concern are provided in Appendix F, Essential Fish Habitat Assessment and Section 4.6 Threatened and Endangered Species of the EA. 6.5 Protect natural resources and associated values in identified regionally important natural areas. This sub-policy is not applicable to the project. Policy 7: Protect and improve air quality in the Long Island Sound coastal area. 7.1 Control or abate existing and prevent new air pollution. An air quality analysis was completed for the project. Based upon the completed analysis, the emissions from the project are considered to have an insignificant impact on the regional air quality, and according to 40 CFR 93.153 (t) and (g) the proposed project is presumed to conform to the State Implementation Plan. 7.2 Limit discharges of atmospheric radioactive material to a level that is as low as practicable. This sub-policy is not applicable. 7.4 Limit sources of atmospheric deposition of pollutants to the Sound, particularly from nitrogen sources. An air quality analysis was completed for the project. Based upon the completed analysis, the emissions from the project are considered to have an insignificant impact on the regional air quality, and according to 40 CFR 93.153 (f) and (g) the proposed project is presumed to conform to the State Implementation Plan. Policy 8: Minimize environmental degradation in the Long Island Sound coastal area from solid waste and hazardous substances and wastes 8.1 Manage solid waste to protect public health and control pollution. This policy is not applicable to the project. 8.2 Manage hazardous wastes to protect public health and control pollution. This policy is not applicable to the project. May 20lO Appendix B - 6 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Coastal Zone Consistency Determination 8.3 Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health. This policy is not applicable to the project. 8.4 Prevent and remediate discharge of petroleum products. An oil spill prevention plan outlining precautionary measures to be taken during construction and rapid responsiveness strategies should an accidental oil spill occur will be developed. 8.5 Transport solid waste and hazardous substances and waste in a manner which protects the safety, well-being, and general welfare of the public; the environmental resources of the state; and the continued use of transportation facilities. This policy is not applicable to the project. 8.6 Site solid and hazardous waste facilities to avoid potential degradation of coastal resources. This policy is not applicable to the project. Policy lands, 9: Provide for public access to, and recreation use of, coastal waters, public and public resources of the Long Island Sound coastal area. 9.1 Promote appropriate and adequate physical public access and recreation throughout the coastal area. Overall, the project will not directly promote access to the shoreline within the project area because of the stonewall. Additionally, the land east of thc stonewall is private property. State Road 25 is the major road to access the Long Island Sound along the north fork. Therefore, the project will indirectly improve public access to water related recreational facilities by providing stabilization of the road Therefore, it has been determined that the project conforms to this sub-policy. 9.2 Provide public visual access from public lands to coastal lands and waters or open space at all sites where physically practical. By stabilizing the road, the project will provide a safe location for pedestrians to view the shoreline. Therefore, the project bas been determined as consistent with this policy. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state, New York City, and towns in Nassau and Suffolk counties. This sub-policy is not applicable to the project. 9.4 Assure public access to public trust lands and navigable waters. Access to navigable waters is through private lands and therefore this policy is not applicable. May 2010 Appendix B - 7 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Coastal Zone Consistency Determination Policy 10: Protect Long Island Sound's water-dependent uses and promote sitting of new water-dependent uses in suitable locations. This policy and associated sub-policies are not applicable to the project. Policy 11: Promote sustainable use of living marine resources in Long Island Sound. This policy and associated sub-policies are not applicable to the project Policy 12: Protect agricultural lands in the eastern Suffolk County portion of Long Island Sound's coastal area. This policy along with associated sub-policies is not applicable to this project. Policy 13: Promote appropriate use and development of energy and mineral resources. This policy along with associated sub-policies is not applicable to this project. May 2010 Append~B - 8- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Coastal Zone Consistency Determination APPENDIX C NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TIDAL WETLANDS COORDINATION PENDING COMPLETION OF FORMAL CONSULATATION WITH NYSDEC May 2010 Append~C-2- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft New York State Tidal Wetlands Coordination POLICY 7: Significant Coastal Fish and Wildlife Habitats will be Protected, Preserved, and Where Practical Restored so as to Maintain Their Viability as Habitats. The preferred alternative will protect Significant Costal Fish and Wildlife Habitats by directing the stonewall toward the road and sloping down toward the beach. The construction of the stonewall is impacting only 0.17 ac of tidal wetlands on a beach that currently has human impacts. The project area is designated as EFH for various life stages of red hake (Urophycis chuss), winter flounder (Pseudopleuronectes arnericanus), windowpane flounder (Scopthabnus aquosus), Atlantic mackerel (Scornber dentatus), scup (Stenotomus chysops), king mackerel (Scomberomorus cavalla), Spanish mackerel ([Scomberomorus rnaculates), cobia (Rachycentron canadurn), Atlantic sea herring ( Clupea harengus) Atlantic salmon (Sabno salar) bluefish (Pomatomus saltatrix) summer flounder (Paralicthys dentatus) pollock (Pollachius virens) black sea bass (Centropristus striata), and sand tiger shark (Odontaspis taurus). In addition, the State species of Concem osprey may occur in the area. However, significant adverse impacts to EFH and endangered species resulting fi.om the implementation of the project are not anticipated as the stonewall footprint will be only 0.17 ac. Therefore, the project has been determined as consistent with this policy. Further information regarding EFH and Federal and State Species of Concern are provided in Appendix F, Essential Fish Habitat Assessment and Section 4.6 Threatened and Endangered Species of the EA. POLICY 11: Buildings and Other Structures will be Sited in the Coastal Area so as to Minimize Damage to Property and the Endangering of Human Lives Caused by Flooding and Erosion State Road 25 is the major road to access the Long Island Sound along the north fork. Therefore, the project will indirectly improve public access to water related recreational facilities by providing stabilization of the road. By stabilizing the road, the project will provide a safe location for pedestrians to view the shoreline. The preferred alternative will protect the SR 25, the only road into the Hamlet of Orient, and will protect existing homes and utilities. Stabilization of the shoreline will allow the main thoroughfare into the Hamlet of Orient to be at minimal risk of destruction, thus enhancing economic sustainability and preventing the potential need to develop any available open space to create new infrastructure. The aesthetics of the site are already impaired due to the severe erosion. A more uniform slope will be created and native vegetation will be planted to help maintain the aesthetic quality of the area and reduce the visual impact of the stonewall. Therefore, the project has been determined as consistent with this policy. May 2010 AppendLrC-3- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft New York State Tidal Wetlands Coordination POLICY 12: Activities or Development in the Coastal Area Will be Undertaken so as to Minimize Damage to Natural Resources and Property From Flooding and Erosion by Protecting Natural Protective Features Including Beaches, Dunes, Barrier Islands, and Bluffs State Road 25 is the major road to access the Long Island Sound along the north fork. Therefore, the project will indirectly improve public access to water related recreational facilities by providing stabilization of the road. By stabilizing the road, the project will provide a safe location for pedestrians to view the shoreline. The preferred alternative will protect the SR 25, the only road into the Hamlet of Orient, and will protect existing homes and utilities. Stabilization of the shoreline will allow the main thoroughfare into the Hamlet of Orient to be at a minimal risk of destruction, thus enhancing economic sustainability and preventing the potential need to develop any available open space to create new infrastructure. The aesthetics of the site are already impaired due to the severe erosion. A more uniform slope will be created and native vegetation will be planted to help maintain the aesthetic quality of the area and reduce the visual impact of the stonewall. Therefore, the project has been determined as consistent with this policy. POLICY 13: The Construction or Reconstruction of Erosion Protection Structures Shall be Undertaken only if They Have a Reasonable Probability of Controlling Erosion for at Least Thirty Years as Demonstrated in Design and Construction Standards and or Assumed Maintenance or Replacement Programs. The seawall will be installed at the 50-year surge level or higher and has a 50-year project life to accommodate sea level rise. Stones for the transition section are sized for a design wave of H10 = 100-year height of 5.4 fi., with a 95th percentile still water level of 11.8 ft. NAVD. Therefore, the project has been determined as consistent with this policy. POLICY 14: Activities and Development, Including the Construction or Reconstruction Shall be Undertaken so that There will be no Measureable Increase in Erosion of Flooding at the Sites of Such Activities of Development or at Other Locations such as Activities or Development, or at Other Locations. Turbulence due to abrupt changes alongshore can be minimized by keeping the angle between the structure and the down-drift shoreline as small as possible, and by having the seaward shoreline as even as possible (without indentations or protrusions). The proposed design reduces the transition angle from 25-58 degrees to 12 degrees, and extends the transition to a length of about 350 ft, which reduces local turbulence. It also provides a smooth connection from the existing revetment to the landward terminus, which again minimizes local turbulence. Vertical face structures are most susceptible to wave reflection and the resulting loss of fronting beach. The proposed design has sloping, rubble face, which will absorb energy May 2010 Appendix C- 4 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft New York State Tidal Wetlands Coordination and minimize wave reflection. The surface roughness of stone materials will also absorb some of the energy of the up-rushing water, which will further reduce the power of the waves to remove sandy material in fi'ont of the structure. The proposed design has the following advantages: 1. It creates a smooth connection between the existing stone revetment and existing shoreline, which limits local turbulence. 2. Transition to the existing shoreline is at a relatively mild angle, which will minimize alongshore movement of sandy material. 3. The rough stone surface and the 1V:2H side slopes dissipate wave energy as the waves mn up the structure, and minimize wave reflection. This will limit scouring of material at the base of the structure, and limit loss of fronting beach. 4. The transition extends eastward far enough to reach the zone of lower wave impact behind the shelter of the southern land spit. 5. The proposed design is robust enough to withstand wave impact and provide protection to the road. 6. It provides a protected space for plantings between the rock face and the road. 7. In order to minimize impact to sandy surfaces (footprint) and to transition back to shore, the proposed design crest elevation lowers to existing profile elevation over its length, as well as reducing in overall cross-section, so that it merges smoothly with the existing grade at its eastern end. Therefore, the project has been determined as consistent with this policy. POLICY 16: Public Funds Shah Only be Used for Erosion Protective Structures Where Necessary to Protect Human Life and New Development Which Requires a Location Within or Adjacent to an Erosion Hazard Area to be Able to Function Existing Development; and Only Where the Public Benefits Outweigh the Long Term Monetary and Other Costs Including the Potential for Increasing Erosion and Adverse Effects on Natural Protective Features. The shoreline along State Route 25 adjacent to Orient Harbor at the project site regularly experiences over-washing during moderate storms and, more critically, is undergoing progressive failure due to erosion along an unprotected 200 to 300 foot section of the shoreline within the Town of Southold State Route 25 contains utilities, including overhead and buried electrical lines, as well as a gas main, which is buried under the road. In addition, State Road 25 also serves as the only thoroughfare to and from the entire North Fork of Long Island to the east, providing access to the Villages of Orient and Orient Point, several parks and the ferries to Connecticut and the Plum Island Animal Disease Center. Loss of the roadway would be a considerable hardship, restricting access to medical care and other basic necessities for over 600 housing units. A feasibility level cost estimate has been developed for both the No Federal Action Altemative (Road Relocation) and the Recommended Alternative. The estimates were developed by identifying the major components of each alternative and applying historical May 2010 Appendix C- 5 ~ Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft New York State Tidal Wetlands Coordination cost to each component. Allowance was made for mobilization demobilization, engineering/design, supervision/administration, and contingencies. For the road relocation, an estimate was prepared by NYSDOT. With the application of comparable estimates for engineering and design, supervision and administration, and contingencies the cost is $3,380,000. For the Recommended Altemative, the cost is estimated as $1,634,000 at November 2007 price levels. Annual maintenance COSTS (which is a non-Federal responsibility) include $3,000 for inspections, $3,000 for grass cutting and planting upkeep, along with $3,000 for stone maintenance (based on standard practice use of 0.5% of the cost of stone without contingencies), and is estimated as $9,000. A project life of 15 years was selected for this emergency repair project. This project life was selected, considering that as an emergency repair; this project focuses on addressing the immediate problem, with less emphasis on long-term dynamics, which would have to be considered for a project with an effective life over 15 years. The total estimated cost was annualized over a 15-year project life. Costs were annualized using the Federal Discount Rate for Fiscal Year 2008, 4-7/8 percent. Table 4 shows the estimated costs for both alternatives. Property acquisition costs were included for both alternatives. Project Altemative Road Relocation Seawall Construction Cost $1,765,000 $865,000 Land Acquisition $1,150,000 $400,000 Planning, Engineering & Design $345,000 $230,000 Supervision and Administration $100,000 $94,000 Total First Cost $3,380,100 $1,634,000 Annualized Costs $323,000 $156,000 Annual Maintenance $9,000 Total Annual Cost $323,000 $165,000 The annual cost of implementing the Recommended Alternative is less than the road relocation cost therefore, selection of the preferred alternative is justified, and it is acknowledged that relocating the road could have a longer effective life. A sensitivity analysis shows that the annual costs for a 15-year project are still less than road relocation with a project life of 50 or 100 years. All costs presented are based on conceptual planning level study, and cost estimates will be refined in the final design phase of the project. Therefore, the project has been determined as consistent with this policy. POLICY 17: Non-Structural Measures to Minimize Damage to Natural Resources and Property from Flooding and Erosion shah be Used Whenever Possible. This seawall alternative was selected over other coastal protection methods like beach nourishment, groins, bulkheads or submerged breakwaters, because it is an extension of in-kind protection, is the best engineering solution and the most environmentally sound alternative. Bulkhead alternatives would have significant scouring issues, geotube alternatives would be short lived, and subject to vandalism, while submerged breakwaters would likely be more expensive, less effective, and impact a larger sub-tidal footprint. May 2010 Appendix C- 6 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft New York State Tidal Wetlands Coordination The seawall altemative will provide protection against further coastal erosion and over- wash and may allow for diverse plantings, while minimizing the project footprint below MHW, the impact to the property owners, and the annual maintenance incurred by the non-Federal sponsor. Therefore, the project has been determined as consistent with this policy. POLICY 30: Municipal, Industrial, and Commercial Discharge of Pollutants Including but not Limited to, Toxic and Hazardous Substances into Coastal Waters will Conform to State and National Water Quality Standards An oil spill prevention plan outlining precautionary measures to be taken during construction and rapid responsiveness strategies should an accidental oil spill occur will be developed. Therefore, the project has been determined as consistent with this policy. POLICY 38: The Quality and Quantity of Surface Water and Groundwater Supplies will be conserved and Protected Particularly Where Such Waters Constitute the Primary of Sole Source of Water Supply. An oil spill prevention plan outlining precautionary measures to be taken during construction and rapid responsiveness strategies should an accidental oil spill occur will be developed. There are no water wells in the immediate vicinity or the construction footprint. Therefore, the project has been determined as consistent with this policy. POLICY 40: Effluent Discharged from Major Steam Electric Generating and Industrial Facilities into Coastal Waters will not be Unduly Injurious to Fish and Wildlife and Shall Conform to State Water Quality Standards. There will not be and facilities constructed however, an oil spill prevention plan outlining precautionary measures to be taken during construction and rapid responsiveness strategies should an accidental oil spill occur will be developed. Therefore, the project has been determined as consistent with this policy. POLICY 44: Preserve and Protect Tidal and Freshwater Wetlands and Preserve the Benefits Derived From These Areas. The stonewall wall shall stop more sediment from dispersing into the tidal wetlands during storm surges. Currently the NYSDOT deposits sand and gravel as a temporary fix, which washes out during the following storm event. Therefore, the project has been determined as consistent with this policy. May 2010 Appendix C- 7- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft New York State Tidal Wetlands Coordination APPENDIX D TOWN OF SOUTHOLD LWRP May 2010 Appendix D - 2 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Town of Southold L WRP DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes ~] No [---] Not Applicable [~ The project will serve to stabilize the existing infrastructure, thereby encouraging any potential new development opportunities. To better integrate the project into the character of the community, the stonewall will tie into to the existing wall and vegetation will be planted along the slope. The project area currently does not support any water dependent uses nor will interfere with thc docks of adjacent properties. The preferred alternative will protect the SR 25, the only road into the Hamlet of Orient, and will protect existing homes and utilities. Stabilization of the shoreline will allow the main thoroughfare into the Hamlet of Orient to be minimally at risk of destruction, thus enhancing economic sustainability and preventing the potential need to develop any available open space to create new infrastructure. The aesthetics of the site are already impaired due to the severe erosion. A more uniform slope will be created and native vegetation will be planted to help maintain the aesthetic quality of the area and reduce the visual impact of the stonewall. The stonewall is pulled away fi.om MHW in order to minimize impact. The stonewall will also taper towards the road and down into the beach. Due to the small parcel size, severe erosion, the land was unusable therefore, there will be no land use impacts from installation of the stonewall. The project will prevent economic and environmental impacts by stabilizing the road and reducing the risk of a sewer and gas line rupture. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes ~ No [~] Not Applicable ~ Based on a Phase I Cultural Resources survey conducted for the project, there are no significant historic or archaeological resources within the project area. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes [--~ No ~ Not Applicable ~ I--I The eroding road, piles of fill, and sand washed along the road have impaired the visual quality of the project area. The project will transition into the existing seawall looking the same and slope downward, which will help prevent it fi.om becoming a focal point that could otherwise detract from the shoreline's aesthetic value. Further, vegetation will be planted along the eastern edge of the seawall to reduce adverse aesthetic impacts of the wall. May 2010 Appendix D - 3 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Town of Southold L WRP Although the project area is not designated as a scenic area, there are areas designated scenic to the east and west. Currently, the area is scoured, contains piles of fill that disperse throughout the area, and has large rocks. The seawall would be an aesthetic improvement to this area NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill - Policies Pages 8 through 16 for evaluation criteria Yes ~] No ~ Not Applicable [~ The project is located in an established residential area, which precludes relocation of the existing road, utilities and potentially adjacent residences. The preferred alternative optimizes providing thc highest level of protection while minimizing adverse environmental impacts. The preferred alternative limits intrusion into the harbor to the greatest extent practicable and is not anticipated to interfere with coastal processes. Ultimately, the project will protect the sound's water quality by reducing sedimentation and the risk of accidental gas discharge from the utility lines located under SR 25. Use of the site before the project initiation was private, but potential opportunities to make the land available for public use are not practicable. Creating a public accessible area would entail extensive encroachment beyond the MHW elevation, expanding impacts described in the EA. Therefore, implementation of the project will not cause loss of public access. Implementation of the preferred alternative will maintain erosion control along the north fork of Long Island and will protect utilities, which include water, cable, gas, and telephone lines. It will also protect the only road into Orient. The seawall will be installed at the 50-year surge level or higher and has a 50-year project life to accommodate sea level rise. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section lI1 - Policies Pages 16 through 21 for evaluation criteria Yes ~-~ No I~] Not Applicable ~ Thc preferred alternative supports this policy by protecting gas linc located under SR 25, which could rupture if the erosion of thc shoreline continues to be unabated. An erosion control plan will be developed and implemented during construction to minimize sedimentation to the sound. Additionally, an oil spill contingency plan will be prepared for the construction equipment. May 2010 AppendeD- 4- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Town of Southold L I'VRP The preferred altemative supports this policy by minimizing the introduction of soils into the sound because of continued shoreline erosion. In addition, the proposed vegetation to be planted along the upper portion of the slope will filter runoff from the road and help stabilize soil. There are no known potable water supplies within the immediate pr[ject area. There is however, a water line under the road that could be impacted if erosion of the shoreline were to continue. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~-~ No ~ Not Applicable [-~ The project will contribute to maintaining local water quality area by reducing the level of sedimentation currently occurring to the project area, filtering run-off from the street, and reducing the risk ora possible gas line rupture. The project will also be planted with native vegetation. The preferred alternative protect Significant Costal Fish and Wildlife Habitats by directing the stonewall toward the road and sloping down. toward the beach. The construction of the stonewall is impacting only 0.17 acres of tidal wetlands on a beach that currently has human impacts. As described in the EA, fish and wildlife habitat will not be impacted The preferred alternative minimizes wetland impacts by directing the stonewall toward the road and sloping down toward the beach. The project area is designated as EFH for various life stages of red hake (Urophycis chuss), winter flounder (Pseudopleuronectes americanus), windowpane flounder (Scopthalmus aquosus), Atlantic mackerel (Scomber dentatus), scup (Stenotomus chysops), king mackerel ( Scomberomorus cavalla ), Spanish mackerel (IScomberomorus maculates), cobia (Rachycentron canadum), Atlantic sea herring ( Clupea harengus) Atlantic salmon (Salmo salar) bluefish (Pomatomus saltatrix) summer flounder (Paralicthys dentatus) pollock (Pollachius virens) black sea bass (Centropristus striata) and sand tiger shark (Odontaspis taurus).. In addition, the State species of Concern osprey may occur in the area. However, significant adverse impacts to EFH and endangered species resulting from the implementation of the project are not anticipated. Further information regarding EFH and Federal and State Species of Concern are provided in Appendix F, Essential Fish Habitat Assessment and Section 4.6 Threatened and Endangered Species of the EA. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes ~] No [~] Not Applicable ~ May 2010 Appendix D - 5 - Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Town qf Southold L [VRP An air quality analysis was completed for the project. Based upon the completed analysis, the emissions from the project are considered to have an insignificant impact on the regional air quality, and according to 40 CFR 93.153 (f) and (g) the proposed project is presumed to conform to the State Implementation Plan. An air quality analysis was completed for the project. Based upon the completed analysis, the emissions from the project are considered to have an insignificant impact on the regional air quality, and according to 40 CFR 93.153 (f) and (g) the proposed project is presumed to conform to the State Implementation Plan. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through~38 for evaluation criteria. Yes L~J No ~ Not Applicable ~ An oil spill prevention plan outlining precautionary measures to be taken during construction and rapid responsiveness strategies should an accidental oil spill occur will be developed. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of thc Town of Southold. See LWRP Section III - Policiesr~ages 38 through 46 for evaluation criteria. Yes I XI No ~ Not Applicable ~ Overall, the project will not directly promote access to the shoreline within the project area because of the stonewall. Additionally, the land east of the stonewall is private property. State Road 25 is the major road to access the Long Island Sound along the north fork. Therefore, the project will indirectly improve public access to water related recreational facilities by providing stabilization of the road By stabilizing the road, the project will provide a safe location for pedestrians to view the shoreline. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria. Yes [-~ No [~ Not Applicable ~ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes [~ No [-~ Not Applicable [-~ May 2010 AppendeD- 6- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Town of Southold L WRP Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes ~ No ~-~ Not Applicable Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes [~] No ~ Not Applicable May 2010 AppendeD- 7- Orient Harbor, Southold, NY Section 14 Emergency Shoreline Protection Draft Town of Southold LgFRP APPENDIX E CULTURAL RESOURCES May 2010 Appendix E- 1 - Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Phase 1 Cultural Resources DEPARTMENT OFTHE ARMY~ NEWYORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEWYORK, N.Y. 10278-0090 November 17, 2009 Environmental Analysis Branch Ruth Pierpont, Director New York State Office of Parks, Recreation & Historic Preservation Historic Preservation Field Service Bureau Peebles Island, P.O. Box 189 Waterford, New York 12188-0189 RE: CORPS Orient Harbor (State Route 25) Section 14 Emergency Streambank Restoration Project Orient Point, Suffolk County, New York 07PR04766 Dear Ms. Picrpont: The U.S. A_uny Corps of Engineers, New York District (District), is proposing to construct an approximately 350-foot extension of an existing seawall along the shoreline at Orient point to address and prevent further storm damage that threatens State Route 25 in the Town of Southold, New York. The Corps has found the seawall to be the most technically and environmentally feasible solution (Appendix A). In addressing Section 106 responsibilities, a limited study consisting of background research and historic map research was undertaken to identify existing historic sites and to assess the potential for cultural resources. Consultation with your office records and e-mail correspondence between Mr. Chris Ricciardi who was the former project archaeologist and Mr. Doug Mackey of your office indicated that there are no prehistoric or historic sites within the project vicinity. Historic maps seem to support this conclusion and show the project area to have experiences little change over the years (Appendix B, Figures 4 through 9). The project will require very little excavation and will be contained within a small footprint. Furthermore, the soils within the pro~ect area are likely to have been disturbed by erosion and road construction and reinforcement. Based on a pedestrian survey, the project area displays no evidence of archaeological potential (Appendix B, Figure 1 through 3). It is the Corps opinion, therefore, that a Phase I cultural resources survey is not warranted for this project as it will not likely impact cultural resources. Instead, monitoring during construction will be planned in order to ensure that the project is carried out with no impacts to cultural resources. For further reference, this project has been reviewed by your office for issuance of a pemait to the New York State Department of Transportation (# 1-4799- 00056 / 00001 DOT PIN 0042.26). Please review the information provided and provide m~y comments in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended. An indication of your concurrence with the Corps recommendation would also be greatly appreciated. If you or May 2010 Appendix E- 2 - Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Phase 1 Cultural Resources your staff require additional infonnation or have any questions, please contact Carissa Scarpa, Project Archaeologist at (917)790-8612. Thank you for your assistance. Leonard Houston Chief, Enviromental Analysis Branch References: U.S. Amy Corps of Engineers, New York District (Corps) 2008 Initial Appraisal Report for Emergency Coastal Storm Damage Reduction Project (Section 14), Orient Harbor, Town of Southold, New York. Map References: Beers, F. W. 1873 Chase, J. 1858 Colton, J.S. 1852 Atlas of Long Island, New York. Beers, Comstock, and Cline. New York, New York. Map of Suffolk County, Long, Island, New York. John Duglass. Philadelphia, Pexmsylvania. Map of New York and Long Island. Copy on file, Map Library, State University of New York at Stony Brook. Dolph and Stewart. 1930 Atlas of Suffolk County, New York. Dolph and Stewart. New York, New York. Suffolk County 1984 Coastal Zone Erosion Survey, Aerial Photographs. United States Coastal Survey. 1838 Map of the North Coast of Long lsland. Copy 0n file, Map Library, State University of New York at Stony Brook. New York State Office of Parks, Recreation and Historic Preservation Historic Preservabon Field Se'vices Bureau · Peebles Island, PO Box 189, Wa~erfor0, New York t 2188-0189 518-237-8643 ww'.~.nysparks.com December t 5, 2009 David A. Paterson CarolAsh Leonard Houston U.S. Army Corps of Engineers, New York District, Jacob K. Javils Federal Building New York, New York 10278-0090 coP~i Orient Point - Section 14 Emergency Stveambank Repair NY Route 25, East Marion/SOUTHOLD, Suffolk County 07PR04766 Dear Mr. Houston: Thank you for requesting the comments of the State Historic Preservation Office (SItPO). We have reviewed the project in accordance with Section 106 of the National tlisloric Preservation Act of 1966. These comments are those of tbe SHPO and relate only to Ilistoric/Culmral resources. They do nol include potential enviromnental impacts to New York State Parkland that may be invol;'ed n or near your project, Such impacts must be considered as part of the environalental review of the project p rsu ~ to e Na ona Enviromnemal Policy Act and/or the State Environmental Quality Revic~ Act (New York Environmcnlal Conservation Law Article 8). Based pon his review, it is the SHPO's opinion that your project will have No Effect upon culmrat resources in or eligible for inclusion in the National Registers of Historic Places. If furtl!er correspondence is required regarding this prc~ eat please be sure to refer to the OPRttP project Review (PR) number noted above. Sincerely, Rmh L. Pierpont May2010 Appendix E- 4 ~ Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Phase I Cultural Resources APPENDIX F ESSENTIAL FISH HABITAT ASSESSMENT PENDING COMPLETION OF FORMAL CONSULATATION WITH NYSDOS May 2010 Appendix F-1 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Essential Fish Habitat Assessment EFH ASSESSMENT WORKSHEET FOR FEDERAL AGENCIES (modified 08/04) PROJECT NAME: Emerqency Coastal Storm Damaqe Reduction (Section 14) State Road 25, Lon.q Island Sound, Southold, NY DATE: 15 April 2009 PROJECT NO.: N~Y LOCATION: State Road 25, Southold, PREPARER: Matthew Voisine Step 1. Use the Habitat Conservation Division EFH webpage, Guide to Essential Fish Habitat Designations in the Northeastern United States to generate the list of designated EFH for federally managed species for the geographic area of interest (http:llwww.nero.noaa.govlhcdlindex2a.htm). Use the species list as part of the initial screening process to determine if EFH for those species occurs in the vicinity of the proposed action. Attach that list to the worksheet because it will be used in later steps. Make a preliminary determination on the need to conduct an EFH Consultation. EFH Designation YES NO Is the action located in or adjacent to EFH designated for eggs? X Is the action located in or adjacent to EFH designated for larvae? x Is the action located in or adjacent to EFH designated for juveniles? x Is the action located in or adjacent to EFH designated for adults? x Is the action located in or adjacent to EFH designated for spawning adults? x If you answered no to all questions above, then EFH consultation is not required -go to Section 5. If you answered yes to any of the above questions proceed to Section 2 and complete remainder of the worksheet. May 2010 Appendix F-2 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Essential Fish Habitat Assessment Step 2. in order to assess impacts, it is critical to know the habitat characteristics of the site before the activity is undertaken. Use existing information, to the extent possible, in answering these questions. Please note that, there may be circumstances in which new information must be collected to appropriately characterize the site and assess impacts. Site Characteristics Description Is the site intertidal, sub-tidal, or The site is intertidal water column? What are the sediment Sediments characterized as beaches, which have no characteristics? soil data provided for this component; and Haven loam, which consists of loamy glacial-fluvial deposits over sandy and gravelly glacial-fluvial deposits Is Habitat Area of Particular Concern No (HAPC) designated at or near the site? If so what type, size, characteristics? Is there submerged aquatic No vegetation (SAV) at or adjacent to project site? If so, describe the spatial extent. What is typical salinity and Salinity 27-32 ppt Temperature 0.1 °C - 26 °C temperature regime/range? What is the normal frequency of site 1% chance of flood (100-year flood plain) disturbance, both natural and man- made? What is the area of proposed impact Just above MHW and within eastbound traffic lane of (work footprint & far afield)? SR 25 May 2010 Appendix F- 3 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Essential Fish Habitat Assessment Step 3. This section is used to describe the anticipated impacts from the proposed action on the physical/chemical/biological environment at the project site and areas adjacent to the site that may be affected. ImPacts Y N Description Nature and duration of The project involves a new stone transition that would begin at activity(s) the easternmost full section of the existing wall To provide continuity, new stone work at Station 207+00 will match the existing stone wa~l crest elevation, bottom elevation at the offshore toe, side slope, seaward extent, and approximate cover layer thickness. The new stone section at Station 207+00 has a crest elevation of +8 ft. NAVD, two layers of 1200-1b median, 1.9 ft. diameter armor stone overlain on a one-foot thick layer of 12-1b median bedding stone. Bedding stone is placed on geotextile. Crest width of 6 ft. extends seaward from a 5-ft. wide concrete extension to the existing concrete encasement, and then slopes down on 1V:2H side slopes to below existing grade. Bottom elevation of the stone toe matches the existing wall bottom elevation of-4.1 ft. NAVD (bottom of bedding stone). A trapezoidal toe section (similar to that of the existing wall) sisti g of e f the foot bedding I y r topped ith one layer of armor stone up to existing offshore grade on a 1V:2H slope is included at the seaward end to limit scour effects. Construction is anticipated to take no more than 3 months. Will benthic community be X Benthic organisms will be impacted however, the duration will be disturbed? short-term, temporary, and minimal Will SAY be impacted? X Will sediments be altered and/or X Sediments alterations will be short-term, temporary, minimal, and sedimentation rates change? shall return to pre-construction levels, post-construction. Sedimentation rates are not anticipated to chan,qe Will turbidity increase? X Turbidity increases will be short-term, temporary, minimal, and shall return to pre-construction quality, post-construction. Will water depth change? X Will contaminants be released X into sediments or water column Will tidal flow, currents or wave X patterns be altered? Will ambient salinity or X temperature regime change? Will water quality be altered? X Water quality alterations will be short-term, temporary, minimal, and shall return to pre-construction quality, post-construction May 2010 Appendix F-4 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Essential Fish Habitat Assessment Step 4. This section is used to evaluate the consequences of the proposed action on the functions and values of EFH as well as the vulnerability of the EFH species and their life stages. Identify which species from the EFH species list (generated in Step 1 ) will be adversely impacted from the action. Assessment of EFH impacts should be based upon the site characteristics identified in Step 2 and the nature of the impacts described within Step 3. The Guide to EFH Descriptions webpage (http://www.nero.noaa.gov/hcd/list.htm) should be used during this assessment to determine the ecological parameters/preferences associated with each species listed and the potential impact to those parameters. Functions and Values Y N Describe life stages, species and habitat type to be affected Will functions and values of EFH be impacted for: ; Spawning x Nursery x Forage x Shelter x Will impacts be temporary or Temporary permanent? Will compensatory mitigation be x used? May 2010 Appendix F-5 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Drq[t Essential Fish Habitat Assessment Step 5. This section provides the Federal agency=s determination on the degree of impact to EFH from the proposed action. The EFH determination also dictates the type of EFH consultation that will be required with NOAA Fisheries. Federal Agency, s EFH Determination Overall degree of There is no adverse effect on EFH adverse effects on EFH X (not including EFH Consultation is not required compensatory mitigation) will be: The adverse effect on EFH is not substantial. This is a request for an abbreviated EFH consultation. This (check the appropriate worksheet is being submitted to NMFS to satisfy the EFH statement) Assessment requirement. The adverse effect on EFH is substantial. This is a request for an expanded EFH consultation. A detailed written EFH assessment will be submitted to NMFS expanding upon the impacts revealed in this worksheet. May 2010 Appendix F-6 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Essential Fish Habitat Assessment Step 6. Consultation with NOAA Fisheries may also be required if the proposed action results in adverse impacts to other NOAA-trust resources, such as anadromous fish, shellfish, crustaceans, or their habitats. Some examples of other NOAA-trust resources are listed below. Inquiries regarding potential impacts to marine mammals or threatened/endangered species should be directed to NOAA Fisheries' Protected Resources Division. Species known to occur Describe habitat impact type (i.e., physical, chemical, or biological at site (list others that disruption of spawning and/or egg development habitat, juvenile may apply) nursery and/or adult feeding or migration habitat). alewife NA blueback herring NA rainbow smelt NA Atlantic sturgeon NA Atlantic menhaden NA American shad NA American eel NA American lobster NA blue mussels NA soft-shell clams NA quahog NA Other species: NA May 2010 Appendix F-7 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Essential Fish Habitat Assessment APPENDIX G U.S. FISH AND WILDLIFE COORDINATION ACT REPORT PENDING COMPLETION OF FORMAL CONSULATATION WITH USFWS May 2010 Append&G-1 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report Draft Fish and Wildlife Coordination Act 2(b) Report Orie nt Har bor Sect ion 14 Em erge ncy Sho reli ne Stab iliza tion Project County Road 25, Town of Southold, New York Prepared By: U.S. Fish and Wildlife Service Long Island Field Office Brookhaven, NY 11719 Senior Biologist: Steve Papa Field Supervisor: David A. Stilwell Prepared For: U.S. Army Corps of Enginem's, Planning Division New York, NY 10278 TABLE OF CONTENTS May2010 Appendix G- 2 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report PROJECT PURPOSE, SCOPE, AND AUTHORITY ............................................................... 5 DISCUSSION OF PRIOR STUDIES AND/OR REPORTS ..................................................... 6 PHYSICAL SETTING ................................................................................................................. 8 BIOLOGICAL RESOURCES ................................................................................................... 11 Threatened and Endangered Species ...................................................................................... 17 Avian Species ............................................................................................................................ 19 Finfish ~4nd Invertebrate Species ............................................................................................ 22 Community Cover Types .......................................................................................................... 24 ALTERNATIVE PLANS ........................................................................................................... 24 Recommended Plan ....................................................................... Error/Bookmark not defined. FUTURE WITHOUT THE RECOMMENDED PROJECT .................................................. 27 FUTURE WITH THE RECOMMENDED PROJECT ........................................................... 27 SERVICE RECOMMENDATIONS ......................................................................................... 29 SERVICE POSITION ............................................. ERROR! BOOKMARK NOT DEFINED. REFERENCES ............................................................................................................................ 32 FIGURES .................................................................. ERROR! BOOKMARK NOT DEFINED. TABLES ....................................................................................................................................... 34 EXECUTIVE SUMMARY May 2010 Appendix G-3 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report This is the U.S. Fish and Wildlife Service's (Service) Draft Fish and Wildlife Coordination Act (FWCA) 2(b) Report for the U.S. Army Corps of Engineers' (Corps) proposed project entitled, "Orient Harbor Section 14 Emergency Shoreline Stabilization Project, Town of Southold, New York." This report was prepared pursuant to the FWCA of 1958, as amended (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). This report also includes comments on threatened and endangered species pursuant to the Endangered Species Act (ESA) of 1973, as amended (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.), and the Migratory Bird Treaty Act (MBTA) of 1918, as amended (40 Stat. 755, as amended; 16 U.S.C. 703 et seq.) The Corps is undertaking a feasibility study pursuant to the Continuing Authorities Program Section 14 of the 1946 Flood Control Act, as amended [33 U.S.C. 701(r)], to evaluate Federal participation in shoreline stabilization for a section of New York State Route 25 in Southold, NY. The Corps has provided the Service with a description of the preferred plan to address shoreline erosion in the proposed project area, which includes the extension of an existing rock revetment (described in Section CC, below). We find that the preferred alternative if coupled with mitigation measures, such as preconstruction surveys for eel grass (Zostera marina) beds for the purpose of avoiding these ecologically important areas, and time of year restrictions to avoid disturbances to wintering waterfowl and migratory shorebirds, would minimize impacts to these important resources during the construction of this project. The Service is concerned that May 2010 Appendix G-4 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report this project would result in the continued practice of shoreline hardening and loss of natural shoreline habitats. INTRODUCTION The FWCA authorizes the Service's involvement in the Corps' feasibility study conducted pursuant to Section 14 of the Flood Control Act of 1946, as amended, for a section of New York State Route 25 (Route 25) in Southold, NY. The Service prepared this report with funds transferred from the Corps under the National Letter of Agreement between our agencies for the funding of FWCA activities (fund transfer still pending). PROJECT PURPOSE, SCOPE, AND AUTHORITY The purpose of the feasibility study is to develop a plan for protecting a section of Route 25 from damage and the possibility of undermining and collapse due to storm-induced erosion or flooding (U.S. Army Corps of Engineers 2008). Overall, Route 25 is a major roadway stretching 105 miles from Orient, NY, in the east to Manhattan, NY, in the west. However, the project is restricted to only 340 feet (fi) of roadway in the East Marion, Town of Southold, NY, in a low-density residential development on the southern shores of the north fork of Long Island. The Corps initiated the feasibility report in July 2007, with a preliminary examination of project alternatives and environmental effects found in the Corps' report entitled, "Initial May 2010 Appendix G- 5 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report Appraisal Report for Emergency Coastal Storm Damage Reduction Project (Section 14) Orient Harbor, Town of Southold, New York (February 2008)" (IAR). The Corps stated that full environmental documentation for the proposed project would be undertaken pursuant to the National Environmental Policy Act (NEPA) of 1970, as amended, (42 U.S.C. 4321 et seq.), upon execution of a Project Partnership Agreement (PPA) with the local cost-share sponsor, the New York State Department of Transportation (NYSDOT). The PPA would be followed by the award of a construction contract and a construction timetable which will take one month. Following a final inspection, the project would be tumed over to the NYSDOT for maintenance over the project life (U.S. Army Corps of Engineers 2008). Section 14 of the 1946 Flood Control Act, as amended, provides authority for the Corps to plan and construct emergency streambank and shoreline protection projects to protect imperiled highways, highway bridge approaches, public facilities such as water and sewer lines, churches, public and private nonprofit schools and hospitals, and other nonprofit public facilities. PRIOR RELEVANT STUDIES AND/OR REPORTS The Service has reviewed relevant literature on file in the Service's Long Island Field Office, as well as information available on websites of local and national environmental groups and Federal agencies, peer-reviewed journals, and project documents provided by the Corps in preparation of this Draft report. May 2010 Appendix G 6 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report A number of studies and restoration initiatives have specifically been undertaken or identified that encompass the proposed project area which is part of the Orient Harbor, an embayment of Gardiners Bay, and part of the larger Peconic Bay estuary. In 2001, a major conservation management plan was completed by the U.S. Environmental Protection Agency's (USEPA) National Peconic Estuary Program entitled, "Comprehensive Conservation and Management Program," (CCMP), that guides restoration of wildlife habitat and water quality in the Peconic Estuary. An on-line version of the report is available at http://www.peconicestuary.org/CCMP.html. The CCMP identifies a number of Critical Natural Resource Areas, one of which encompasses Orient Harbor and a portion of the proposed project area. Detailed information on the coastal and estuarine habitats which fall within the proposed project area can be found in the above referenced report. In addition to the CCMP, resource information and studies evaluating environmental impacts of rip-rap construction in the coastal zone was obtained from various sources and publications. Audubon NY staff, Burger and Liner (2005), and New York State Department of Environmental Conservation's Breeding Bird Atlas (http://www.decny.gov), were extremely valuable sources of information for avifauna in the proposed project area. Supplemental information on wetlands was obtained from a site visit of the proposed project area as well as through the Service's National Wetland Inventory web page at http://nwi.fws.gov. Information on ecological complexes in or May 2010 Appendix G- 7 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report adjacent to the project areas was obtained from U.S. Fish and Wildlife Service (1992) and New York State Department of State (2002) Some biological infbrmation regarding fish and wildlife resources in the proposed project area is given in the IAR. However, biological field studies were not conducted by the Corps during their feasibility study. In addition to reviewing the existing information identified above, the Service visited the site on qualitatively assessing wetland, upland, and shoreline conditions. Pursuant to the FWCA, this infbrmation was used to evaluate the potential impacts of the proposed altemative on fish and wildlife resources and their habitats within and adjacent to the proposed project area. Additionally, the Service developed and included a set of recommended potential mitigation measures in this Draft report. PHYSICAL SETTING Orient Harbor is located near the eastern end of the north fork of Long Island, in the Town of May 2010 Appendix G-8 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report Southold, Suffolk County (7.5' Quadrangles: Orient, NY-CT; and Greenport, NY). It encompasses 1,900 acres (ac) of mostly open water, along with several undeveloped tidal wetland areas and Dam Pond on its north shore. Water depths in most of Orient Harbor are generally less than 20 feet (fi) below mean low water. Much of Orient Harbor is bordered by undeveloped land, including Orient Beach State Park to the east and south, and low density residential development on the west (New York State Department of State 2002) May 2010 Appendix G- 9 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report The proposed project includes a 340 fi long stone revetment situated on the east bound lane of Route 25, and would be an extension of an existing stone revetment. The highway is an emergency access route for the immediate area and the only access route to and from the Villages of Orient and Orient Point (U.S. Army Corps of Engineers 2008). As mentioned above, the proposed project is an extension of an existing stone revetment project, which currently extends for a length 0£2,600 fi along Route 25. That Figure. Aerial image showing extent of existing stone revetment adjacent to the proposed project area. project was implemented by the NYSDOT to protect the roadway. The tidal range in Orient Harbor is about 2.1 fi, depending on daily and seasonal conditions; salinity is around 30 part per thousand (ppt). Water temperature ranges from May 2010 Appendix G-lO Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report BIOLOGICAL RESOURCES Significant Fish and Wildlife Habitat~ Important Bird Area and Critical Natural Resource Designations in the Proposed Proiect Figure 5 shows the IBA and NYSDOS Significant Fish and Wildlife Habitat boundaries in relation to the project area (shown in red circle). The proposed project area is located in an area identified as the Orient Point - Islands Complex, a sub-complex of the larger Northeast Coastal Areas Study Ecological Complex (U.S. Fish and Wildlife Service 1992). It is also identified as the New York State Department of State's (NYSDOS) Coastal Significant Fish and Wildlife Habitat Orient Harbor unit. NYSDOS Significant Coastal Fish and Wildlife Habitats are defined as geographic areas that have areas of statewide significance and are based on a quantitative assessment of a number of ecological factors to determine whether they provide one or more of the following ecological services: 1) ls essential to the survival of a large portion of a particular fish or wildlife population, May 2010 Appendix G- 11 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & kVildlife Coordination Act Report 2) supports population of species which are endangered, threatened or of special. concern; 3) supports populations that have significant commercial, recreational, or educational value; 4) exemplifies a habitat which is not commonly found in the state or in a coastal region. The project area is also within the Audubon NY's designated Orient Point - Plum Island Complex Important Bird Area (IBA). Audubon IBAs for New York State were developed using several criteria including the importance of sites for species at risk, sites with the most important habitats for bird species whose long-term conservation is the responsibility of New York State and sites with congregations ofbird species (Burger and Liner 2005). May 2010 Appendix G-12 Long t~land Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & lVildlife Coordination Act Report Wetlands According to the Service's National Wetland Inventory website at http://nwi.fws.gov, the following wetland types are found in or adjacent to the project area: Estuarine subtidal aquatic bed, rooted vascular subtidal (NWl Code E1AB3L) May 2010 Appendix G-I 3 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report Estuarine intertidal unconsolidated shore sand regularly flooded (NWI Code E2US2N) Estuarine emergent persistent irregularly flooded partially drained or ditched wetlands (NWI Code E2EM 1Pd). Expanded descriptions of the NWI codes are provided below (from http://nwi.fws.gov). E1AB3L: [E] Estuarine, [1] Subtidal, [AB] Aquatic Bed, [3] Rooted Vascular, ILl Subtidal [E] Estuarine - The Estuarine System describes deepwater tidal habitats and adjacent tidal wetlands with low energy and variable salinity, influenced and often semi-enclosed by land. (1) Subtidal - These habitats are continuously submerged substrate, (i.e. below extreme low water). [AB] Aquatic Bed - Includes wetlands and deepwater habitats dominated by plants that grow principally on or below the surface of the water for most of the growing season in most years. Aquatic beds generally occur in water less than 2 meters 6.6 feet) deep and are placed in the Littoral Subsystem (fin Lacustrine System ). (3) Rooted Vascular - Includes a large array of vascular species in the Marine and Estuarine systems. They are commonly referred to as grass flats. In the Riverine, Lacustrine, and Palustrine systems, these species occur at all depths in the photic zone. They often are in sheltered areas that have little water movement, and can also be found in the flowing water of the Riverine System, where they may be streamlined or flattened in response to high water velocities. Some species are characterized by floating leaves. [L] Subtidal - The substrate is permanently flooded with tidal water. May2010 Appendix G-14 Long Island Sound, Southold, N7 Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report E2US2N: [El Estuarine, [2] Intertidal, [US] Unconsolidated Shore, [2] Sand, [NI Regularly Flooded [E] Estuarine - The Estuarine System describes deepwater tidal habitats and adjacent tidal wetlands with low energy and variable salinity, influenced and often semi-enclosed by land. (2) Intertidal - This is defined as the area from extreme low water to extreme high water and associated splash zone. [US] Unconsolidated Shore - Includes all wetland habitats having three characteristics: (1) unconsolidated substrates with less than 75% areal cover of stones, boulders, or bedrock; (2) less than 30% areal cover of vegetation other than pioneering plants; and (3) any of the following water regimes: irregularly exposed, regularly flooded, irregularly flooded, seasonally flooded, temporarily flooded, intermittently flooded, saturated, seasonal-tidal, temporary-tidal, or artificially flooded. Intermittent or intertidal channels of the Riverine System or intertidal channels of the Estuarine System are classified as Streambed. Landforms such as beaches, bars, and flats are included in the Unconsolidated Shore class. (2) Sand - The unconsolidated particles smaller than stones are predominantly sand which may be either calcareous or terrigenous in origin. They are prominent features of the Marine, Estuarine, Riverine, and Lacustrine systems where the substrate material is exposed to the sorting and washing action of waves. [N] Regularly Flooded - Tidal water alternately floods and exposes land surface at least once daily. E2EM1Pd: [El Estuarine, [2] Intertidal, [EM] Emergent, [11 Persistent, [PI Irregularly Flooded, Id] Partially Drained/Ditched May 2010 Appendix G- 15 Long Island Sound, Southold, N7 Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report lEI Estuadne - The Estuarine System describes deepwater tidal habitats and adjacent tidal wetlands with low energy and variable salinity, influenced and often semi-enclosed by land. (2) Intertidal - This is defined as the area from extreme low water to extreme high water and associated splash zone. [EM] Emergent - Characterized by erect, rooted, herbaceous hydrophytes, excluding mosses and lichens. This vegetation is present for most of the growing season in most years. These wetlands are usually dominated by perennial plants. (1) Persistent - Dominated by species that normally remain standing at least until the beginning of the next growing season. This subclass is found only in the Estuarine and Palustrine systems. [P] Irregularly Flooded - Tidal water floods the land surface less often than daily. [d] Partly Drained - The water level has been artificially lowered, but the area is still classified as wetland because soil moisture is sufficient to support hydrophytes. Drained areas are not considered wetland if they can no longer support hydrophytes. This modifier is also used to indicate extensive ditch networks in wetlands where, due to the extreme number and narrow width of the ditches, individual delineation is impossible. Individual ditches shall be broken out as linears ( with Excavated modifier ) when they approximate the pen line width on the photography and if the area is not overly complex. May 2010 Appendix G-16 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report The New York State 1974 Tidal Wetland Inventory Map indicates that the area east of the existing revetment contains wetlands classified as intertidal marsh (IM) and the area just upland fi.om the IM, south of Route 25 is high salt marsh (HM) (U.S. Army Corps of Engineers 2008). Threatened and Endangered Species With the exception of occasional transient individuals, no Federally-listed or proposed endangered or threatened species under the Service's jurisdiction are known to breed or grow in the proposed project area. In addition, no habitat in the proposed project area is currently designated or proposed "critical habitat" in accordance with provisions of the May 2010 Appendix G- 17 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report ESA. The Service maintains a county-wide listing of endangered species occurrences in New York State at !3~.tg.'.~._ _w~(w~ .no~e_~.s__t_.~g0v/nyfQ~s which the Corps should check for possible updates prior to making its determination whether the proposed project affects listed species. Figure 5 includes boundaries of the NYSDEC Long Island Colonial Waterbird and Piping Plover Survey areas which presently do not include the proposed project area. Federally-listed marine turtles may be found in the nearshore waters adjacent to the proposed project area. These species are under the jurisdiction of the National Oceanic and Atmospheric Administration/Fisheries (NOAA/F). The Service recommends that the Corps contact Mr. Stanley Gorski, Habitat Conservation Division, Field Office Supervisor, NOAA/F, James J. Howard Marine Sciences Laboratory, 74 Magruder Road, Highlands, NJ 07732, for additional information (telephone: 732-872-3037). Mr. Gorski is also the contact for information on NOAA/F-designated Essential Fish Habitat and marine species under the jurisdiction of NOAA/F that occur in the vicinity of the project. Marine turtles are also listed by the State of New York. The New York State Department of Environmental Conservation (NYSDEC) contacts are Mr. Peter Nye, Endangered Species Unit, NYSDEC, 625 Broadway, Albany, NY 12233-4753 (telephone: 518-402- 8859) and Ms. Kathy Hatalla, Hudson River Fisheries Unit, NYSDEC, 21 South Putt Comers Road, New Paltz, NY 12561 (telephone: 845-256-3071). May 2010 Appendix G-18 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report Avian Species The Corps did not collect any site specific information on avian species in planning for this project, however it is within an high ecological value area important to many grassland, shorebird, and bay duck species, based on an evaluation of various programs and initiatives undertaken by Federal, State, and local agencies and private organizations. The project area is within Audubon NY's designated Orient Point and Plum Island Important Bird Area, which extends from Orient Harbor to Plum Island. Colonial breeding birds identified in the IBA include great egrets, black-crowned night herons, American oystercatchers, herring gulls, great black-backed gulls, least terns and piping plovers (Burger and Liner 2005). In the case of piping plovers and least terns, it has been established that their breeding sites do not occur in, or adjacent to, the project area. The specific location of the other species' breeding areas in relation to the proposed project has not been determined. Field surveys would be necessary to obtain this information. The proposed project area is within the NYSDOS's designated Significant Coastal Fish and Wildlife Habitat-Orient Harbor Complex. Site-specific information contained in the NYSDOS assessment for this area indicates that wintering waterfowl concentrations of regional significance are found in Orient Harbor from November to March (NYSDOS 2002). Mid-winter aerial surveys of waterfowl abundance for the ten year period 1975- 1984 show average concentrations of over 500 birds in the area each year (1,825 in peak year); for the 1986-1996 period the annual average concentration of birds was almost 200 May 2010 Appendix G-19 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report (354 in peak year) (NYSDOS 2002). Species observed included American black duck, mallard, mute swan, merganser, scaup, goldeneye, buffiehead, oldsquaw, and Canada goose. Orient Harbor is also inhabited by several nesting pairs of osprey (Pandion haliaetus), a New York State Species of Special Concern, during the breeding season (NYSDOS 2002). They utilize man-made nesting platforms located in the salt marsh along the northern shores of Orient Harbor (NYSDOS 2002) and feed in Orient Harbor (Peconic Estuary Program 2000) The project area corresponds with the New York State Breeding Bird Atlas Block 7155B. Breeding data for this block show a total of 74 species have been observed in this block with 33 species confirmed as breeders (Table 1), containing species characteristic of upland, grassland, forested, shore, and nearshore water habitats.. Casual observations at this site by Audubon NY over a two-day period in the winter of 2009 (non-breeding season) identified a total of 19 species, consisting mainly of diving ducks, dabblers and gulls (Spilman pets. Comm. 2009) (Table 3). Common wading birds of intertidal mudflats in Orient Harbor include great egret (,4rdea alba), snowy egret (Egretta thula), glossy ibis (Plegadisfalcinellus), yellow-crowned night heron (Nycticorax violaceus), blackcrowned night heron (Nycticorax nycticorax), green-backed heron (Butorides virescens) and sometimes little blue heron (Egretta caerulea) and least bittern (Ixobrychus exilis). Other mudflat feeders include probing shorebirds like plovers, killdeer (Charadrius vociferous), and sandpipers; and aerial- May 2010 Appendix G-20 Long Island Sound. Southold. NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report searching birds such as common tern (Sterna hirundo), least tern (Sterna antillarum), black skimmer (Rhychops niger), and gulls (Larus spp). When mudflats are indundated, diving waterbirds such as double-crested cormorant (Phalacrocorax auritus) and pied- billed grebe (Podilymbuspodiceps), a New York State threatened species, may utilize these areas. Sea ducks are found in the estuary primarily from November to April. Loss of wetland and intertidal habitat has had the effect of concentrating overwintering ducks and geese into the remaining unaltered areas around the estuary. Open water areas are important winter habitat for many species of waterfowl, including white-winged scoter (Melanitta fusca), long-tailed duck ( Clangula hyemalis), scaup (Aythya spp.), common goldeneye (Bucephala clangula), buffiehead (Bucephala albeola), American black duck (Anas rubripes), Canada goose (Branta canadensis), red-breasted merganser (Mergus serrator), canvasback (Aythya valisineria), and American widgeon (Anas americana). Concentrations of ruddy duck (Oxyurajamaicensis), and scaup (Aythya marila) are also found here. The open waters are also important feeding areas for roseate and common terns which breed on Great Gull Island and other islands in the Peconic Bay system (U.S. Fish and Wildlife Service 1993). Turtle Species Diamondback terrapin have been observed here but the extent to which the area is used by this species is not adequately documented. May 2010 Appendix G- 21 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report Recent research has shown that this general area may be an important summer feeding and nursery area for juvenile Atlantic ridley sea turtle (endangered). Atlantic ridley, green (threatened), and loggerhead (threatened) turtles have all been documented in this habitat. Recent studies indicate that the waters of Gardiners Bay, the Peconic Bays and other bodies of water in this general area may serve as important summer feeding and nursery areas for juvenile Kemp's ridley (Lepidochelys kempii), one of the rarest sea turtles and a U.S. Endangered species, and for other Federally-protected sea turtle species (U.S. Fish and Wildlife Service 1993). Finfish From April to November, the intertidal and submerged aquatic habitats in Orient Harbor serve as nursery and feeding areas for many fish species. The intertidal areas are important to a variety of finfish species such as Atlantic silversides (Menidia menidia), killifishes (Fundulus spp.), winter flounder (Pleuronectes americanus), summer flounder (Paralichthys dentatus), weakfish ( Cynoscion regalis), Atlantic menhaden (Brevoortia tyrannus), sea robins (Prionotus spp), bay anchovy (Anchoa mitchilli), and others. These species make use of the abundant forage resources such as organic detritus, phytoplankton, algae, and crustaceans (Peconic Estuary Program 2000). Subtidal habitats contain ecologically important eelgrass (Zostera marina) beds which provide nursery tbr juvenile finfish, and juvenile and adult feeding grounds. Fish using May 2010 Appendix G-22 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report eelgrass beds include three-spine stickleback (Gasterosteus aculeatus), four- spinestickleback (Apeltes quadricus), grubby (Myxocephalus aenaeus), winter flounder (Pleuronectes americanus), northem pipefish (Syngnathus fuscus), mummichog ( Fundulus heteroclitus), oyster toadfish ( Opsanus tau), sea robins, tautog ( Tautoga onitis), Atlantic tomcod (Microgadus tomcod), Atlantic cod ( Gadus morhua), scup (Stenotomus chrysops) and weakfish (Peconic Estuary Program 2000). Invertebrate Species Horseshoe crabs also actively use the sandy beaches (Peconic Estuary Program 2000) as breeding habitat, but additional documentation is required (NYSDOS 2002). A 1996 Peconic Estuary Program study found extensive eelgrass beds fringing Orient Harbor, supporting abundant bay scallop populations (NYSDOS 2002). These were mainly located to the east and south of the proposed project area. Orient Harbor is an important bay scallop (Aquipecten irradians) producing area on Long Island, supporting a commercial shellfishery significant to the northeastern U.S. (Town of Southold 2004). There is an active aquaculture facility located to the east, northeast of the proposed project area (U.S. Army Corps of Engineers 2008). Lady crab (Ovalipes ocellatus), spider crab (Libinia spp.), common slippershell (Crepidulafornicata), channeled whelk (Busycon canaliculatus), mud crab, (Dyspanapeus sayi), razor clam (Ensis directus), and hard clam (Mercenaria mercenaria) May 2010 Appendix G-23 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report are major macroinvertebrate species of Orient Harbor and utilize existing eelgrass beds (Environmental Protection Agency 1998) located to the east-southeast of the project area. The intertidal and SAV habitat are also very important to bay scallop as spawning and nursery grounds. Larvae of other bivalve species such as blue mussel (Mytilis edulis) have been observed to settle on eelgrass blades in some areas. Other invertebrate species associated with eelgrass areas include brittlestars, clams, spider crabs, hermit crab (Pagurus longicarpus), knobbed whelk (Busycon carica), blue crab (Callinectes sapidus), green crab (Carcinus maenas), rock crab (Cancer irroratus), seven-spine shrimp (Crangon septemspinosa), and common slippershell (Crepidulafornicata). Lobster (Homer americanus) are also found within Orient Harbor complex. Subtidal Vegetative Cover Types Orient Harbor continues to maintain a small population of eelgrass located to the east- southeast of the project area but has shown no signs of recovery overall since its decline in 2002-2003. The primary cause(s) of the declines observed during monitoring undertaken by Comelt Cooperative Extension of Suflblk County have not all been identified, but physical disturbance, both natural and anthropogenic, rank high. RECOMMENDED PLAN The following description of improvements is taken from the IAR. Description of Improvements May 2010 Appendix G-24 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report Protective works at the east end of the existing East Marion seawall consist of an extended stone section transitioning the existing seawall to existing terrain. The new stone transition begins at the easternmost full section of the existing wall (approximately wall station 207+00, ref. [NYS] DOT record plans D251705 dated 10/15/86). To provide continuity, new stone work at Station 207+00 will match the existing stone wall crest elevation, bottom elevation at the offshore toe, side slope, seaward extent, and approximate cover layer thickness. Stones for the transition section are sized for a design wave of H10 = 100-year height of 5.4 fi., with a 95th percentile still water level of 11.8 fi. NAVD [National Average Vertical Datum]. The new stone section at Station 207+00 has a crest elevation of+8 fi. NAVD, two layers of 1200 [pound]-lb median, 1.9 fi. diameter armor stone overlain on a one-foot thick layer of 12-lb median bedding stone. Bedding stone is placed on geotextile. Crest width of 6 fi. extends seaward from a 5-ft. wide concrete extension to the existing concrete encasement, and then slopes down on 1V:2H side slopes to below existing grade. Bottom elevation of the stone toe matches the existing wall bottom elevation of-4.1 fi. NAVD (bottom of bedding stone). A trapezoidal toe section (similar to that of the existing wall) consisting of extension of the one-thor bedding layer topped with one layer of armor stone up to existing offshore grade on a 1 [vertical]V:2 [horizontal]H slope is included at the seaward end to limit scour effects. May2010 Appendix G-25 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report Eastward of Section 207+00 the transition section alignment moves shoreward on an angle of 12 degrees relative to the existing shoreline, for a distance of approximately 340 fi. This gradual landward translation should limit any focusing effects of wave forces which would occur at a more abrupt angle. This alignment keeps the stone transition section seaward of existing utility poles, and allows for backfill and plantings to be installed between stone cover and Route 25. The eastward end of the new stone transition overlaps approximately 65 feet of existing established vegetation. This length provides stone protection for that portion of Route 25 closest to the water, and takes the stone protection east a sufficient distance to reach a more stable cross-section, as evidenced by the surviving vegetation, and the observed limit of chronic wave scarping. The stone transition section crest elevation lowers from +8.0 fi. NAVD gradually over the 340-ft length to meet existing grade at elevation +4.5 fi NAVD at its eastern end. Simultaneously, the bottom toe elevation rises from -4.1 fi. NAVD to +1.5 fi. NAVD at the eastern end. Cross-section dimensions change accordingly. Stone or concrete surface protection is provided at the crest over an 11 fi. width in the west transitioning to a 7.6 fi. width at the eastern end. This surface armoring protects against erosion at the landward side of the stone protection caused by wave overtopping. A concrete section matching the existing concrete encasement is included backing the eastern end of the new stone transition for a length of approximately 128 fi. May2010 Appendix ~ 2 6 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report East of that point stone surface protection is used. This feature will be reviewed by local sponsors and can be modified to meet local preferences. FUTURE WITHOUT THE RECOMMENDED PROJECT The Corps has determined that the best way to evaluate the future without the project condition is to compare existing road protection alternatives with the cost of relocating this segment of Route 25. In the future-without-the-recommended project scenario, the Corps determined that the shoreline would likely continue to erode, resulting in the NYSDOT relocating the road to the north. However, this alternative was determined to be cost prohibitive, as utilities running under and above the road will have to be relocated, as well as real estate impacts and increased environmental impacts. Additionally, the NYSDOT indicated that it would not support relocating Route 25 and, therefore, this alternative was excluded from further evaluation (U.S. Army Corps of Engineers 2008). FUTURE WITH THE RECOMMENDED PROJECT - Potential Impacts to Fish and Wildlife Resources The proposed project will result in an extension of an existing stone revetment on Route 25 for a distance of 340 fi and a conversion of sandy shoreline and soft-bottom subtidal habitat to a rocky shoreline and substrate in this area. As a result the project will result May 2010 Appendix G-2 7 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report in the functional loss of sandy shoreline habitats and subtidal area used by resident and migratory fish and wildlife resources and further degrade the natural shoreline area. The Service does recognize, however, that the habitat between the Route 25 and Orient Harbor is constrained and already impacted by the current position, maintenance activities, and use of the road by residential, commuter, and commercial vehicles. As a result, the extension of the existing revetment into this habitat will probably not result in significant cumulative impacts above the conditions that already exist at the site. It is not clear from the information presented in the U.S. Army Corps of Engineers (2008) how the design of the revetment will affect both adjacent and offshore fish and wildlife habitats due to wave refraction and reflection. AS a result, the Corps should ensure the design of the project would not be likely to impact those currently undisturbed areas. In the intertidal zone, amoring can cover up important natural habitats for fish, algae, and invertebrates (Stamski 2005). These species are initially smothered or killed during the construction phase. Osbom (2002) reported on the potential impacts artificial shoreline hardening might have on colonization and recruitment of organisms, suggesting that the stone used for construction will not likely be representative of the stone found in the natural environment, whereby factors such as rock porosity and color may have negative implications for organism settlement and recruitment. Currently the shoreline consists of unconsolidated sediments consisting of pebble and sand (Figure 4). Storm-induced wave and tidal events as well as wind forcing deposit May 2010 Appendix G-28 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report large quantities of shell and organic material on the beach which provides foraging habitat for wading birds and shorebirds. The proposed project will replace this substate type with large stones, permanently recontouring the shoreline in the process. Sandy intertidal zones will be permanently converted to rocky shorelines, precluding their use by wading birds and shorebirds. Ducks that forage close to shore on invertebrates that inhabitat sandy shorelines will also likely be impacted. The Service anticipates that buffers and other controls will be in place to protect the existing vegetated wetlands to the east of the proposed project, and therefore, direct impacts to these resources will likely be minimal. Figure 4. Photo showing existing shoreline substrate in the proposed ~roiect area. May 2010 Appendix G-29 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report SERVICE RECOMMENDATIONS Best management practices (BMP) should be used to prevent the re-suspension of sediments during construction of the proposed project. Applicable BMPs include the use of silt fence, straw bale sediment barriers, and stabilizing disturbed areas with a conservation mix of native grasses. Stabilization measures should include installing material such as jute netting and coir mats or using hydro-mulch to stabilize the soil until vegetation can be established. During the period from November to March, the Corps should minimize disturbance to overwintering waterfowl and shorebird species which may be utilizing the existing saltmarsh, intertidal flats, and nearshore waters by keeping project related activities in a designated construction zone with the smallest footprint that is engineeringly feasible.. The Corps should flag existing salt marshes and ensure that adequate buffers are maintained between project activities and marsh area to prevent disturbance or destruction of these areas. The Corps should develop or participate in a comprehensive monitoring and adaptive management program to ensure project objectives are met. Monitoring should assess the responses of major avian guilds (shorebirds, native residential May 2010 Append~ G-30 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report birds, waterfowl), fish, and vegetation (including common, undesired non-native, and rare endemic species) potentially subject to beneficial or short-term adverse affects of the project. For avian guilds, for example, monitoring elements should include key elements of habitat quality (e.g., forage and vegetation), and use (foraging, nesting, roosting, density, diversity, evenness). Reference sites should be selected and incorporated into the monitoring. Bird communities should be observed in May and June to document activity during the breeding season. Waterfowl should be monitored once per week during late March through April (migration season) and again in October through November. Shorebirds and waders are best observed from late July to early September. Volunteers (e.g., local chapter of the Audubon Society) may be useful in monitoring bird activity at the project area and reference sites. Elements of the program should include at least the following: a) measurable project objectives; (b) identified measurement criteria to determine success; and (c) corrective actions to be taken if the criteria are not met. SUMMARY The proposed project has the potential to affect fish and wildlife resources. Fish and wildlife species, including marsh invertebrates, fish and wildlife species adapted to shallow tidal and intertidal habitats, and sandy shorelines, may be adversely impacted by the proposed project, which will result in a permanent loss of these types of habitats in May 2010 Appendix G-31 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report the immediate project area. Undoubtedly, the creation of rocky intertidal area will result in a change in habitat type in the project area, but it may provide additional feeding and nursery areas within the intertidal zone for species which inhabit rocky shorelines. Timing of construction and vegetation establishment, can minimize impacts by using BMPs and implementing the planting plan as soon as feasible. REFERENCES Benoit, L.K, and R.A. Askins. 2002. Relationship between Habitat Area and the Distribution of Tidal Marsh Birds. Wilson Bulletin 114(3):314-323. Burger, M. F. and J. M. Liner. 2005. Important Bird Areas of New York Second Edition - Habitats Worth Protecting. Audubon New York, Albany, NY. 352 pp. Cross, D.H. and K.L. Fleming. 1989. Control of Phragrnites or Common Reed. U.S. Fish and Wildlife Service, Waterfowl Management Handbook, Section 13.4.12. Larson, M., and P. Mankiewicz. 2006. In The Tidal Exchange. Publication of New York Sea Grant. 8 pp. Lewis, D.E., and G. Rivara. 1998. An Assessment of Shellfish Resources in the Tributaries and Embayments of the Peconic Estuary. Cornell Cooperative Extension Special Report 98-101. 101 pp. New York State Department of State. 2002. Coastal and Wildlife Assessment Form Orient Harbor. 6 pp. Http://www.nyswaterfronts.com/downloads/pdfs/sig hab/Longlsland/Orient Har bor.pdf Peconic Estuary Program. 2000. Habitat Restoration Plan for the Peconic Estuary. 184 pp. May 2010 Appendix G-32 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report Stamski, Rebecca. 2005. 2005. The Impacts of Coastal Protection Structures in Califomia's Monterey Bay National Marine Sanctuary. Marine Sanctuaries Conservation Series MSD-05-3. U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Marine Sanctuaries Division, Silver Spring, MD. 18 pp. Town of Southold. 2004. Draft Local Waterfront Revitalization Program. Http://southoldtown.northfork.net/Plarming/LWRP-2004/21 A-%20Reach%205- Orient%20Point%20.pdf) U.S. Army Corps of Engineers. 2008. Initial Appraisal Report For Emergency Coastal Storm Damage Reduction Project (Section 14) Orient Harbor, Town Of Southold, New York. New York District, New York, New York. 76 pp. U.S. Fish and Wildlife Service. Northeast Coastal Areas Study. Charlestown, Rhode Island.. May 2010 Appendix G-33 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report TABLES May 2010 Appendix G-34 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report Table 2. New York State Breeding Bird Atlas Information for Block 7155B, which includes the Point Harbor Project Area. NEW YORK STATE 12. NYS BREEDING BIRD ATLAS Block 7155B 13.1.1 2000-2005 13. Perform Another Search Show All Records Sort by Field Card Order Sort by Taxonomic Order View 1985 Data Total Species: 74 Possible: 14 Probable: 27 Confirmed: 33 Click on column heading to sort by that category. Great Egret Ardea alba Snowy Egret Egretta thula 7/1/2004 Protected 7/1/2004 Protected May 2010 Appendix G-35 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report Green Heron Butofides virescens P._~2 7/5/2004 Protected Canada Goose Branta canadensis FI_ 5/10/2004 Game Species Mute Swan Cygnus olor FI_ 6/2/2002 Protected Wood Duck Aix sponsa X__~I 5/10/2004 Game Species Mallard Arias platyrhynchos FI_ 7/1/2004 Game Species Protected- Osprey Pandion haliaetus NY 7/1/2004 Special Concern Red-tailed Hawk Buteojamaicensis X1 4/3/2004 Protected American Kestrel Falco sparverius FY 7/3/2004 Protected Northern Colinus virginianusT2 5/20/2004 Game Species Bobwhite -- Charadrius Killdeer vociferus FI_ 7/1/2004 Protected Spotted Actitis macularius X1 7/5/2004 Protected Sandpiper -- American Woodcock Scolopax minor X1 5/10/2004 Game Species Rock Pigeon Columba livia FI_ 7/3/2004 Unprotected Mourning Dove Zenaida macroura FL_ 6/2/2002 Protected Great Horned Owl Bubo virginianus X._~I 4/3/2004 Protected Chimney Swift Chaetura pelagica P._~2 7/3/2004 Protected Ruby-throated Archilochus colubris Xl 7/1/2004 Protected Hummingbird -- Belted Kingfisher Megaceryle alcyon P__~2 7/3/2004 Protected Protected- Red-headed Melanerpes X__I 6/7/2003 Special Woodpecker erythrocephalus Concern Red-bellied Melanerpes FL 7/1/2004 Protected Woodpecker carofinus -- Downy Picoides pubescens FL 7/3/2004 Protected Woodpecker -- Hairy Woodpecker Picoides villosus P__2 7/1/2004 Protected Northern Flicker Colaptes auratus T__2 4/3/2004 Protected Eastern Wood- Contopus virens X__I 7/3/2004 Protected May 2010 Appendix G-36 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & FVildlife Coordination Act Report Pewee Alder Flycatcher Emp/donax alnorum Xl 6/8/2004 Protected Willow Flycatcher £mp/donax traillii T._~2 5/22/2004 Protected Great Crested Flycatcher Myiarchus crinitus T._~2 5/10/2004 Protected Eastern Kingbird Tyrannus tyrannus X1 7/1/2004 Protected White-eyed Vireo Vireo griseus S2 5/22/2004 Protected Warbling Vireo Vireo gilvus X1 5/10/2004 Protected Red-eyed Vireo Vireo olivaceus S2 5/10/2004 Protected Blue Jay Cyanocitta cristataFY 5/22/2004 Protected Corvus American Crow brachyrhynchos P2 6/2/2002 Game Species Tree Swallow Tachycineta b/colorFY !7/1/2004 Protected Northern Rough- Stelgidopteryx winged Swallow serr/pennis FL. 7/3/2004 Protected Bank Swallow Riparia dpar/a P2 15/22/2004 Protected Barn Swallow Hirundo rust/ca FL 7/5/2004 Protected Black-capped Poecile atdcapillus FL 7/3/2004 Protected Chickadee -- Tufted Titmouse Baeo/ophus b/co/or FY 7/3/2004 Protected i White-breasted Sitta carolinensis P2 7/3/2004 Protected Nuthatch Carolina Wren Thryothorus NE 5/10/2004 Protected ludovicianus House Wren Troglodytes aedon FY 7/1/2004 Protected Catharus Veery fuscescens Xl 7/1/2004 Protected Wood Thrush Hylocichla S2 5/22/2004 Protected mustelina American Robin Turdus migratorius FY 6/2/2002 Protected Dumetella Gray Catbird carolinensis FY ; 6/2/2002 Protected Northern Mimus polyglottos T._~2 6/2/2002 Protected Mockingbird May. 2010 Appendix G-3 7 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & ~Vildlife Coordination Act Report Brown Thrasher Toxostoma rufum D2 5/10/2004 Protected European Starling Stumus vulgaris ON 3/23~2002 Unprotected Bombycilla P2 9/3/2004 Protected Cedar Waxwing cedrorum Blue-winged Vermivora pinus T2 5/10/2004 Protected Warbler -- Yellow Warbler Dendroica petechia FI_ '7/3/2004 Protected Prairie Warbler Dendroica discolor S_~2 5/10/2004 Protected Black-and-white Mniotilta varia P2 7/5/2004 Protected Warbler American Redstart Setophaga ruticillaT~2 5/22/2004 Protected Ovenbird Seiurus aurocapillaT~2 5/22/2004 Protected Common Yellowthroat Geothlypis trichas DD 6/2/2002 Protected Scarlet Tanager Piranga olivacea S__~2 5/22/2004 Protected Pipilo B2 5/10/2004 Protected Eastern Towhee erythrophthalmus -- Chipping Sparrow Spizella passerina FY 6/2/2002 Protected Field Sparrow Spizella pusilla FL. 7/3/2004 Protected Song Sparrow Melospiza melodia FS 6/2/2002 Protected Northern Cardinal Cardinalis cardinalis FY 6/2/2002 Protected Rose-breasted Pheucticus FY 7/3/2004 Protected Grosbeak ludovicianus Red-winged Agelaius FY 5/10/2004 Protected Blackbird phoeniceus Common Grackle Quiscalus quiscula FY 6/2/2002 Protected Brown-headed Molothrus ater FL 7/3/2004 Protected Cowbird -- Orchard Oriole Icterus spurius T_~2 7/3/2004 Protected Baltimore Oriole Icterus galbula UN 4/3/2004 Protected Carpodacus T2 6/2/2002 Protected House Finch mexicanus -- American Goldfinch Carduelis tristis P2 6/2/2002 Protected May 2010 Appendix G-38 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Drq[t Fish & Wildlife Coordination Act Report Table 3. Breeding Codes for New York State Breednig Bird Atlas Block 7155B. From http://www.dec.ny.~ov/animals/7308.html. X Species observed in possible nesting habitat, but no other indication of breeding noted; singing male(s) present (or breeding calls heard) in breeding season. Singing male present (or breeding calls heard). Pair observed in suitable habitat in breeding season. Bird (or pair) apparently holding territory. In addition to territorial singing, chasing of other individuals of same species often marks a territory. Courtship and display, agitated behavior or anxiety calls from adults suggesting probable presence nearby of a nest or young; well-developed brood-patch or cloacal protuberance on trapped adult. Includes copulation. D Visiting probable nest site. Nest building by wrens and N woodpeckers. Wrens may build many nests. Woodpeckers, although they usually drill only one nest cavity, also drill holes just for roosting. B Nest building or excavation of a nest hole. Distraction display or injury-feigning. Agitated behavior DD and/or anxiety calls are Probable-D. Used nest found. Caution: These must be carefully identified if they are to be counted as evidence. Some UN nests (e.g. Baltimore Oriole) are persistent and very characteristic, Most are difficult to identify correctly. FE Female with egg in the oviduct (by bird bander). May 2010 Appendix G-39 Long Island Sound, Sou&old, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report FL ON Recently fledged young (including downy young of precocious species - waterfowl, shorebirds). This code should be used with caution for species such as blackbirds and swallows, which may move some distance soon after fledging. Recently fledged passerines are still dependent on their parents and are fed by them. Adult(s) entering or leaving nest site in circumstances indicating occupied nest. NOT generally used for open nesting birds. It should be used for hole nesters only when a bird enters a hole and remains inside, makes a change-over at a hole, or leaves a hole after having been inside for some time. If you simply see a bird fly into or out of a bush or tree, and do not find a nest, the correct code would be Probable-N. FS Adult carrying fecal sac. FY NE NY Adult(s) with food for young. Some birds (gulls, terns, and raptors) continue to feed their young long after they are fledged, and even after they have moved considerable distances. Also, some birds (e.g. terns) may carry food over long distances to their young in a neighboring block. Be especially careful on the edge of a block. Care should be taken to avoid confusion with courtship feeding (Probable-D). Identifiable nest and eggs, bird setting on nest or egg, identifiable eggshells found beneath nest, or identifiable dead nestling(s). If you find a cowbird egg in a nest, it is NE for Cowbird, and NE for the identified nest's owner. Nest with young. If you find a young cowbird with other young, it is NY for cowbird and NY for identified nest owner. May2010 Appendix G-40 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report Table 4. Birds found in the Orient Harbor project area based on casual observations by Audubon NY in winter 2009. Species Mute Swan (Cygnus olor) American Black Duck (Anas rubripes) Mallard (Anas Platyrhynchos) White-winged Scoter (Melanittafusca) Long-tailed Duck ( Clangula hyernalis) Buffiehead (Bucephala albeola) Common Goldeneye (Bucephala clangula) Hooded Merganser Lophodytes cucullatus Red-breasted Merganser (Mergus serrator) Homed Grebe ( Podiceps auritus) Ring-billed Gull (Lams delawarensis) Herring Gull (Larus argentatus) Common Loon (Gayla immer) Northern Gannet ( Morus bassanus) Double-crested Cormorant Great Egret Osprey American Crow (Corvus brachyrhynchos) May2010 Appendix G-41 Long Island Sound, Southold, 3!7 Section 14 Emergency Shoreline Protection Draft Fish & Wildlife Coordination Act Report APPENDIX H RECORD OF NON-APPLICABLITY May2010 Appendix H- 1 Long Island Sound, Southold, NY Section l 4 Emergency Shoreline Protection Draft Record of Non-Applicability May 2010 Append&H-2 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Record of Non-Applicability APPENDIX I PLANS September 2009 Appendix I- 1 Long t~land Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Plans 10 9 8 7 6 5 4 3 2 I 0 September 2009 Appendix 1-2 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Dral? Plans September 2009 Appendix 1-3 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Plans APPENDIX J PERTINENT CORRESPONDENCE September 2009 Appendix J- 1 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Pertinent Correspondences APPENDIX K PUBLIC NOTICE AND MAILING LIST May2010 Appendix K- 2 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Public Notice and Mailing List DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVlTS FEDERAL BUILDING 26 FEDERAL PLAZA NEW YORK, N.Y. 10278-0090 REPLY TO ATTENTION OF Planning Division Notice of Availability of Draft Environmental Assessment The U.S. Army Corps of Engineers, New York District (District) announces the availability of the Draft Environmental Assessment for the Coastal Storm Damage Reduction Project (Sectionl 4), State Road 25, Long Island Sound, Town of Southold, New York The District is proposing to perform emergency stabilization to approximately 340 feet of shoreline along State Road 25, Long Island Sound, Town of Southold, Suffolk County, New York. The project will involve continuing the existing seawall eastward for 340 feet in order to stabilize the road. For further project information contact: Nathanael Wales 917.790.8731 Nathanael.T.Wales~usace.army.mil To request a copy of the Draft Environmental Assessment and submit written comments, contact: Matthew Voisine Project Biologist U.S. Army Corps of Engineers New York District, Planning Division Environmental Analysis Branch 26 Federal Plaza, Room 2151 New York, NY 10278-0090 917.790.8718 matthew.voisine~usace.army.mil Your written comments to the Draft Environmental Assessment (DEA) are due 30 calendar days fi.om the date of publication release and will be addressed in the Final EA for this project. Date of publication release: 17 May 2010 Comments due by: 22 June 2010 May 2010 Appendix K- 3 Long Island Sound, Southold, 3/7 Section 14 Emergency Shoreline Protection Draft Public Notice and Mailing List Senator Charles Schumer US Senate 313 Hart Senate Office Building Washington, DC 20510 Senator Kirsten Gillibrand US Senate 478 Russell Washington, DC 20510 Congressman Tim Bishop US Congress 306 Cannon H.O.B Washington, DC 2051 Senator Kenneth Lavalle NY State Senate 325 Middle Country RD Suite 4 Selden, NY 11784 Assemblyman Marc Alessi NY State Assembly Room 419 Legislative Office BLDG Albany, NY 12247 George Staftbrd, Director Division of Coastal Resources NYS Department of State 99 Washington Avenue, Suite 1010 Albany, NY 12231-0001 Steve Levy Suffolk County Government H. Lee Dennison Building 100 Veterans Memorial HGY Hauppauge, NY 11788-0099 Judith Pascale Suffolk County Government 310 Center DR Riverhead, NY 11901-3392 Senator Charles Schumer US Senate 145 Pinelawn RD #300 Melville, NY11747 Senator Kirsten Gillibrand US Senate 155 Pinelawn RD Suite 250 Melville, NY 11747 Congressman Tim Bishop US Congress 3680 Route 112 Suite C Corm, NY 11727 Senator Kenneth Lavalle NY State Senate Room 707 Legislative Office BLDG Albany, NY 12247 Assemblyman Marc Alessi NY State Assembly 4466 Route 25 Calverton, NY 11933 Roger Evans Regional Permit Administrator New York State Department of Environmental Conservation - Region 1 SUNY ~ Stony Brook 50 Circle RD Stony Brook, NY 11790-3490 Elizabeth, Neville Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 John Sepenoski Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 May2010 Appendix K-4 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Public Notice and Mailing List Thomas Isles, AICP Suffolk County Government H. Lee Dennison Building 4th FL 100 Veterans Memorial HGY Hauppauge, NY 11788~0099 Scott Russell Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 James Richter Town of Southold 53096 Main Road P.O. Box 1180 Southold, NY 11972 May 20lO Appendix K- 5 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Public Notice and Mailing List APPENDIX L COMMENT LETTERS AND RESPONSE TO COMMENTS May2010 Appendix L- 1 Long Island Sound, Southold, NY Section 14 Emergency Shoreline Protection Draft Comments Letters and Response to Letters PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 3.PROJECT LOCATION: 617.20 SEQR APPENDIX STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks utc -or provide map 5. IS PROPOSED ACTION: [~New [] Expansion ~.~'ModiflcaUon / alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially ~ ~.~ acres Ultimately ~<-~ acres 8. WiLL PROPOSED ACT}ON COMPLY WiTH EXISIING 70NING OR OIRER RESTRICTIONS? ~.Yes [] NO If no, describe briefly: 9. WHAT iS PRESENT LAND USE iN VICINITY OF PROJECT? (Choose as many as apply.) [~Residential [--1industrial r']commercial [~Agriculture [~] Park / Forest / Open Space ~Other (describe) 10,' DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ~Yes ~ No If yes, list agency namo and permit / approval'. ll. UUE3 ANY A~PE~I OF [HE AGrlON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes I~]No If yes, list agency name and permit / approval: 12. AS A P~ULT OF PROPOSED ACTION WiLL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? E~'es I,Z~ No I CERTIFY Applicant / Sponso~ Nan Signature gc THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is a Costal Area, and you are a state agency, dete the Coastal Assessment Form before proceeding with this assessment PART I! - IMPACT ASSESSMENT ~i'o be completed by Lead Agency). B. WILL ACTION RECEIVE COue(uINATED REVIEW AS PROVIDED FOR UNUSTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative C. COULD ACllON RESULT IN ANY ADVERSE EFFECTS A88OC1ATED Wllq-I THE FOLLOWING: (Answers may be ~, ff legible] Cl. Existing air quality, $mface o~ g~ qu~ly or quantity, ~lse levels, exleting traffic paltem, solid weste ~ ~ ~' ° No C5. Growth, _~_.~ _-~-_ ;._.ent de~;~,,,r~L or related actl rVl~S likely to be induced by Ihe prepesed ac~len? F. xl~in brielly: C6. Long term, shq~t term, cumulative, or o(her effents not ;C-ea~;;'r~l in Cl-C57 F ..~!n briefly: D. W11J.'I14E PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARAC'IERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? (If Yes1 ex{)lain bdell:f: E. I~ T; ;~C, OR 18 THERE UKELY TO BE~ coNTROVERsy RELATED T~'POTENTIAL ADVERSE ENVI RCtl,'.*,.'~;'rAL IMPACTS? ff~es pA~r m - ~=,r"~'.~o. OF S~M~C~ Cro be comp~ted by Agency) IN8TRUCllON$: F~reach~dver~ee~ectiden0~dab~ve~detmmine~dv~mtherit~substan0a~arge~mp~r~ant~the~s~n~ Each .~ ~.~.~ ~oo,,~,~.' ,, .~_'e_ (_._) -_ ?~..0.~. ,~,.. ~r .~.~: Co)p,~ o~ o~,~; <C) d,~o,: (~ ~.,.~,~, .-...~,..~.-v,,.,.,.t~, w,,-~ ,~. "'m'--':'~--~a"/, cea a[m<:nmenmor referenoesuppol~ng materials. Ensuretlmtexplanallmmamtaln ~ detatl to shaw that all relevant adveme Impacts have been idenMed and adequa~ ~m~. If question d o~ part Il was checked ~,the.cle~mmlnatlon ofalgnllicarme mustevaluate the poten~allmpaet of the praposed action on theenvirop~!characte~lcsoftheCE.,,~ de~ltlinatloll.. '" -~ ..... ~,,,,,,~.~m,~ m<~ ~ pfO~'l~e, 0~1 ~ as ~, ~ ~ ~ ~ Boa~ of Tm~s Na~ ~ ~ ~e~ Da~ Jill M. Dohe~ ' President P~nt or T~ Name of Res~ Offi~r in Lead Agen~ ~ of Responsib~ Offi~r SlgnMure of Responsible Officer in Lead Agency SLv,,a[uie of Preparer (if diff~ent from responsible officer) Town of Southold ) Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATION: S.C.T.M.~. THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A STORM-WATER, GRADING, DRAINAGE AND EROSION CONTROL PLAN Di$1dct 5~c~on Bll~k LOt CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. SCO?E OF WORK a. What is the Total Area of the Project Parcels? ..,~ / (IncfodeTotelAreaofallParcelslocatedwithin'~ ,~ I Willthis Project Retein AllSt(xm-Water Run-Off ¢ Generated by a Two (2") Inch Rainfall on Site? the Scope of Work for Proposed Construction) (S.F. / (This item will include all mn-off created by site ~/r~ b. What is the Totel Area of Land Cleadng ac~ cleadng and/or constructfon activittes as well as all and/or Ground Disturbance for the proposed ~ ~ ,~ Site Improvements and the pem~anent creation of consmJction activity? impervious surfaces.) (S.F. / ~,~) 2 Does the Site Plan and/or Survey Show AIl Proposed PROVIDE BRIEF PROJECT DESCRI~I1ON (~d.~ad~.~P~..N*~d) DrainageStmctureslndicatingSize& Location?This Item shall include all Proposed Grade Changes and ~ ~_~ ~57~ U ~., .j~ / ~) ,~ Oj~:~ Slopes Controlling Surface Water Flow. ~5~'~ &~O or ~AUJ,~.. ~N 3 Does the Site Plan and/or Survey descfibe the emsion and sediment control practices that will be used to control site ems/on and storm water discharges. This '7~ ~l~t~"ff ~/~.jo /~/)~.~/(~)~ itemrnustbemaintainedthroughouttheEntire Construction PeHed. -- 4 Willthis Project Require any Land Filling. Gradingor ~'J~'~--.~ C/~'/~ ~ "/~ ~J"/~ ~[~Y'¢~ ~J ~6"~ ExcavaUon where there is a change to the Natural Existing Grade Involving more than 200 Cubic Yards I--I -- of Matedal within any Parcel? 5 Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of Five Thousand (5,000 S.F.} Square Feet of Ground Surface? -- 6 Is there a Natural Water Course Running through the ~ ,. Site? Is this Project within the Trustees jurisdiction General DEC SWPPP Requirements: or within One Hundred (100') feet of a Wetland or Submission of a SWPPP ~ required for all Construction activ;tiea involving soil Beach? 'disturbances of one (1) or mom acres including disturbances of less than o~e acre that7 Will there be Site preparation on Existing Grade Slopes am pa~t of a larger commo~ plan that will ultimately disturb one or mom acres of [and; which Exceed Fifteen (15) feet of Vertical Rise to including Construction acfiviSes involving soil distuthances of less than one (1) acm wbem One Hundred (100') of Horizontal Distance? Ihe DEC has determined that a SI=DES peffnit is required for storm water discharges. : SWPPP's Shall meet the Minimum Requirements of the SPDES General Pen.it i 8 Will Ddveways, Parking Areas or other Impervious r'~ ~or Storm Water Discharges f~om Cmtstrtlciton activily. Permit No, GP-~-t0-~0t,) Surfaces be Sloped to Direct Sto~n-Water Run-Off 1. The SWPPP sha~ be p~epared prior fo tba submiffal of the NOL The NOI s~ell be into and/or in the direction of a Town right-of-way? STATE OF NEW YORK, COUNTY OF ........................................... SS That I,. ............................................................................... being duly swom, deposes and says that he/she is the applicant for Permit, And that he/she is the .................................................................................................................................................................... Owner and/or representative of the Owner or Owners, and is duly ;[~j~rr~z,e,(l to perform or have performed the said work and to make and file this application; that all statements contained in tlfl~tal~'~.~ the best of his knowledge and belief; and that the work will be performed in the manner set foFth in the Swom to before me this Com,~._u~p0?kU~unh] ,/) n ~p~res ~p } f ~.~ / // // (Signature of Ap~cant) FORM - 06/10 Board of Trustees Appli4 County of Suffolk State of New York DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WlLL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES 1N CONJUNCTION WI~ ~ICATION LAUflEN ~, ~TANDISH Nota~ ..Pub!lc,~tat~ of New York ~ O' ~T616400~ ~ommissic,~ ~ ~,, April '~ ~otary Public Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the vart of town officers and emolovees. The numose of this form is to orovide information which can alert the town of eossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first anme, widdle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "otber", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business. including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES ~ NO lfyou answered "YES", complete the balance of this form and date and sign where indicated. NameofpersonemployedbytheTownofSouthold J~ ~'~- Title or position of that person '~ ~/f~. I Iq (_... ~, ~ Describe the relationship between yourself(the applicant/ngenffrepresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% oftbe shares of the corporate stock of the applicant (when the applicant is a corporation); __B) the legal or 'beneficial own~:r of any interest in a non-corporate entity (when the applicant is not a co~oration); C) an officer, director, partner, or employee oftbe applicant; or __~D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this day of 200 Signature Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi:ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). o If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suonortino facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following website (southoldtown.northfork.net), the Board of Trustees local libraries and the Town Clerk's office. scm# PROJECT NAME DESCRIPTION OF SITE AND PROPOSED ACTION The Application bas been snhmitted to (check appropriate response): TownBoard ~ Planning Board F-1 Building Dept. [] Board ofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of acfion: ~OS.~,D /~,[)bg,bZ'V~T~llt/& eF,*:~-' Site acreage: (~, ~ Present land use: ~P~r~ ]'~/~ Ma9 ~0~ Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No[--] Ifyes, which state or federalagency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. r~A Yes ~-] No ~ Not Applicable 0 Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRF Section III - Policies Pages 3 through 6 for evaluation criteria applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~L~ Yes [] No [~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of.Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No F-]Not Applicable ' ~ t , ~ ~ -" ' ,' Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not ~[licable ARach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes ~ No V~ Not Applicable A~ach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~-] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ YeD No ~ Not Applicable Attach additional sheets if necessary WORK/NG COAST P~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable Locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No [] Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes [-] No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. EMERGENCY SHORELINE PROTECTION PROJECT ORIENT HARBOR TOWN OF SOUTHOLD NY PROJECT NUMBER 145191 : I I D A C GENERAL NOTES: 1. GRID SYSTEM IS IN FEET AND IS THE NEW YORK STATE PLANE COORDINATE SYSTEM (NAD 83). 2. ELEVATIONS ARE IN FEET AND ARE REFERENCED TO THE NORTH AMERICAN VERTICAL DATUM 1988 (NAVD 88). 3, CONTOUR INTERVAL IS 1 FOOT. CONTOURS ARE COMPUTER GENERATED. 4. THE INFORMATION PRESENteD ON THESE PLANS REPRESENTS THE RESULTS OF SURVEY PERFORMED SY THE NY STATE DEPARTMENT OF TRANSPORTATION IN FALL 2007 AND CAN ONLY BE CONSIDERED AS INDICATING THE CONDITIONS EXISTING AT THAT TIME. THE SANDY BEACH AREA IS SUBJECT TO STORM EROSION, AND FILL IS PLACED SOUTH OF STATE ROUTE #25 FOLLOWING STORMS AS NEEDED. CONTRACTOR SHALL VERIFY EXISTING CONDITIONS BEFORE STARTING WORK AND IMMEDIATELY NOTIFY CONTRACTING OFFICER OF ANY DISCREPANCIES. 5. LIMITS OF CONTRACTORS WORKING AREA SHOWN MAY BE REVISED BASED ON CONDITIONS AT THE START OF CONSTRUCTION, AS DIRECTED BY THE CONTRACTING OFFICER. 6. STONE ON THESE DRAWINGS ARE SHOWN SYMBOLICALLY ONLY. FOR ACTUAL SIZES AND SHAPES SEE SPECIFICATIONS. 7, THE CONTRACTOR MUST COMPLY WITH USACE SAFETY REQUIREMENT SPECIFICATION 01 35 26 GOVERNMENT SAFETY REQUIREMENTS, 8. THE CONTRACTING OFFICER SHALL BE NOTIFIED IN WRITING OF ANY CONDITIONS THAT VARY FROM THOSE SHOWN ON THE PLANS. THE CONTRACTOR'S WORK SHALL NOT VARY FROM THE PLANS WITHOUT THE EXPRESS WRITTEN APPROVAL OF THE CONTRACTING OFFICER. 9. BEFORE PROCEEDING WITH ANY WORK, THE CONTRACTOR SHALL INSPECT ACTUAL CONDITIONS OF THE EXIS'RNG SITE AND VERIFY QUANTITIES OF ANTICIPATED WORK. A REPORT ON THIS VERIFICATION INCLUDING PHOTO DOCUMENTATION OF PRECONSTRUCTION CONDITIONS SHALL BE SUBMITTED TO THE CONTRACTING OFFICER. 10.THE CONTRACTOR SHALL OBTAIN THE SERVICES OF A NEW YORK STATE LICENSED PROFESSIONAL ENGINEER TO PREPARE AND SIGN A VEHICULAR AND OTHER TRAFFIC CONTROL PLAN. VEHICULAR AND OTHER TRAFFIC CONTROL PLAN SHALL BE IN COMPLIANCE WITH NYSDOT STANDARDS AND IS SUBJECT TO THE APPROVAL OF THE NYSDOT. ANY VARIATION FROM STANDARD DOT ROAD CLOSURE PROCEDURES SHOWN ON SHEETS R-107 THROUGH R-108 WILL REQUIRE SUBMISSION AND APPROVAL UNDER THE HIGHWAY WORK PERMIT. 3 UTILITIES NOTES: 1. UTILITIES IN THE PROJECT AREA WERE RELOCATED AS SHOWN ON SHEET R-106. CONTRACTOR SHOULD VERIFY LOCATION OF ALL UTILITIES PRIOR TO DIGGING, 2. THE CONTRACTOR IS RESPONSIBLE TO MAINTAIN ALL EXISTING UTILITIES NOT TO BE RELOCATED. EROSION CONTROL NOTES 1. CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLIANCE WITH ALL SEDIMENT AND EROSION CONSOL PRACTICES AS STATED IN THE SPECIFICATIONS, INCLUDING THOSE REQUIRED FOR STOCKPILED MATERIAL. THE SEDIMENT AND EROSION CONTROL PRACTICES ARE TO BE INSTALLED PRIOR TO ANY MAJOR SOIL DISTURBANCES, AND MAINTAINED UNTIL PERMANENT PROTECTION IS ESTABLISHED. CAST IN PLACE CONCRETE: 1. CAST-IN-PLACE CONCRETE WORK SHALL CONFORM TO THE PROJECT MANUAL AND LAI~ST AMERICAN CONCRETE INSIITrUTE CODES AND STANDARDS, INCLUDING, BUT NOT LIMITED TO AC1301,315, 318 2. CONCRE3~ SHALL HAVE MINIMUM COMPRESSIVE STRENGTHS OF 4000 PSI AT 28 DAYS: UNLESS SPECIFICALLy NOTED OTHERWISE. 3. WELDED WIRE FABRIC SHALL CONFORM TO ASTM A-185 DELIVERED IN FLAT SHEETS. 4. ALL REINFORCING STEEL SHALL BE ASTM A-615 (GRADE 60). 5. CONSTRUCTION JOINTS MUST BE SUBMITrED BY THE CONTRACTOR FOR APPROVAL BY THE ENGINEER. PROVIDE VERTICAL CONSTRUCTION JOINTS IN WALL SPACED NOT GREATER THEN 25 FT ON CENTER. 6. CONCRETE SEAWALL SHALL BE CAST IN PLACE IN ACCORDANCE WITH THE REQUIREMENTS OF NYSDOT CLASS "A" CONCRETE SPECIFICATIONS FOUND IN TABLE 501-3 IN NYSDOT 2008 SPECIFICATIONS. DRAINAGE: 1. MINIMUM SLOPE FOR DRAINAGE SHOULD ALWAYS BE MAINTAINED AS NYS DOT STANDARDS OR AS STATED IN THESE DRAWINGS. 2. EXISTING DRAINAGE STRUCTURES SHOULD BE PROTECTED AS STATED IN THE SPECIFICATIONS. ABBREVIATIONS TYP = TYPICAL ~c = COMPRESSIVE STRENGTH OF CONCRETE MHW = MEAN HIGH WATER (0.94 FT. NAVD) C 5 40 20 0 40 807T SCALE: 1''40 o~ REFERENCE NUMBER G-003 I D I I I I 1 2 3 4 5 20 10 0 20 SCALE: r'.20' SHEET REFERENCE NUMBER I I I I I 2 3 4 5 I I I ~/~REFERENCE LINE [TYPI LEGEND: NOTES: [/ J REINFORCEMENT .... ~ 1, REMOVE 6' RESET ARMOR STONE AS NEEDED FROM STATION 0-15 TO STATION 0+10 TB SMOOTHLY JOIN EX[ST[NO SEAWALL TO NEW CONSTRUCTION. CONCRETE (TYP)~ 4" COVER {TYP) CONCRETE 2. EXTENT OF INTERIOR STONE COMPRISING ORIGINAL STONE WALL 6. SURSEOUENT N~W(SEEPAVE~ENT~NoTE 9) /~~--'<~;~;~']7:~%~[':~~~ ~ ~ BACK EXCAVATE FILL & 7. ~ATCN NEW CONC"ETE ENCASE~ENT D]M~NS[ONS Tg EXISTING ENCASE~ENT. . .;~:~<.~>~] ~ , 8. OUlDE ~AIL AND PAVEMENT EDa~ ON C~OSS S~CTiON SHO~ LOCATION ONLr. SEE (TYP)~ ........ 'FJ~:-~C']4h~C~ EXCAVATE & lO.BACK FILL WITH SUITABLE MATERIAL PER SECTION 31 23 15 EXCAVATION, BACK SUBASE (TYP) STA. 1+25 ("TYP" APPLIES FRO~ ::?:::?j~ .....-......--.'-'~ ~ I i I [ I I I I J~ I lO.O I ~1 I I ~ I I I I J I I I 8TA. 0+43 ("TYP" APPLIES rRo~ STA. 1+75 ('TYP" APPLIES FRO~ (SE NOTE 9) ~, ~ EXISTING GRADE ~XISTINO PAVEMENT~ o o B ACH FILL (TYP) - ~ - B BEDDING . J Ir , ~ I I I I [ I REFERENCE LINE FROM 0.0 STA. 0+25 STA. 1+43.14( "TYP' APPL lES FROM '. ,o.o ,_, ~ 1' CLASS B BEDDING ~~ - ~REFERENCE LINE FROM 0.0 STA. O+IO STA. 1+26 D I/ RE I NFORCEMENT ~PPROX. EXIST[NOX, %'~ ~u/I (~ I ,~+7.5 ~2 LAYERS CLASS ~/~IT~E'~?YP)~I__.~VEMENT EDGE (TYP) ~.~-~; .'~ .' ," .... +7.0 / ARMOR STONE (TYP / I I J I I ~ONE ( T P ~ (SE NOTE 9) ~, ~-- EXISTING GRADE  ESTIMA ED EXISTING GRADE EXISTING GRADE --APPROX. EXIST[NO STONE DRAINAGE PAD '~ I I I I bd --REFERENCE LINE (TYPJ 5O STA. 2+75 I I I I I TING GRADE (TYP) I I I I 50 75 STA. 2+42,93 ("TYP" APPLIES FROM STA.2+25 TO STA.3+57,13) SLOPE TO DRAIN [TYP) 'ERS CLASS A I STONE (TYP) NEW GUIDE RAIL (TYP)-- --[XISTING (TYPI EDGE (TYP) FILL (TYP) BACKFILL WITH CLASS BEDDING STONE (TYP) GEOTEXT[LE(TYI CLASS 8 EBBING STONE I I I I I I I I I I I I STA. 2+25 ~"TYP" APPL [ES FROM 5TA.2+25 TO STA,3+57.13) 5.0 6.0 · . . ::;.../.; T-...-.~..%.-;-.-.];-~ ~ - I I I I I I I STA. 2+00 LEGEND: EXCAVATION BEACH FILL EXCAVATE & BACK FILL WiTH CLASS B BEDDING STONE STA.I+2S TO 3+57,13 NOTES: 1, SEE NOTES ON SHEET C-301 --REFERENCE LINE (TYP) 7.5 +4,5 --+1.5 5 7 STA. 3+57.13 STA. 3+25 5 ZS STA. 3+00 z SHEET REFERENCE NUMBER C-302 1 2 3 4 5 AT FIXED ENO OF SPAN AT EXPANSI~ E~ OF SPAN ~CK .EL~' ~- ~ ~ ~ ~ ~ ~ '-- '~ - 3" )~ / SToL PLATE V~" THICK ~ ~ ~ ~ A j ~/ { ' 'Il ~ STATE ~ NEW ~' X ~' ' " i ', ' ' ' A[N ~ m ~ BOX BEAU MEDIAN BARRIER ~ ~ J~ J O~V~IZEO STEEL ~AT[ ~[ S3 X 5.7 ~ J G06~5 A I I I 1 2 3 4 5 I ~ I TYPE EH END A$SEI&SLy I ~P ~~Jr~'~ ~ ~ m~~- 4, ~',]N.) 6 THISOISTA~EV~IES. LE~TO~IS. ffi,E. TI~STREDiFFERE~iN ~SIR~E LEITH OF NEED DETAIL · EE "~X ~*~ ENO ~SE~LY TYPE I]] ~ ~ ~ ~ ~ ~ g 9. SH~R PA~NT ~ ~IAT)~ C~T~L STRIP, IF ~Y. ~T SHOrn. -~,~ -F o ,.. ,.~- ,.-~.. ~T[ S} / ' ~ STAE OF NEW YORK ~ SHADER ~ SLO~ BREAK ~ DEPART~NT ~ TR~SPORTAT]ON SECTI~ THR~H SECIAL 80X BEAM END ASSEMBLY TYPE Ill ~ F~ INT~INO FLARE GR~[~ ~EA GRADING, PAYMENT, {~ HE~ WX~ ~LES AT JOINTS B. C. ~ O. AND LAYOUT DETAILS ~TATi~ C~T~ STRm. · ~Y. ~ SH~ER NOT IE. c. DATE: 01/07/10ES[~,rm T< ~. Cm~ E<~ 606-06 D C TABLE 1 OFFSETS FRO~I THE THEORET[CAL LINE OF RAIL TO VARIOUS JOINTS AND ENO PLATE FOR COMMOR LENGTHS ....... 0 4' ,,.-o.. ....o j,. ,.,.~,. ,.-~."-~v'" o 4y~,, r-272" z-4r4, .......... 0 4' ~'~'.... o ro ~.-~.6' r~"r ~:'~"'. B A I I I I ~ ~STANBARO 686 85. / ~ / NEW CONCRETE SEA~ALL (AT STA, l'g¢) + -I Mow STRIP OETA[L ISTA, 1+35 TO I ~ % ? % o o o PLAN F~L SECTION BAR LIST SIZE ~ ~14 ! · ELEVATION REINFO~C]NG OETAILS 485 BAR LOCATION TABLE SECTION A-A SECTION OPTIONAL BATTERED BOTTOU CORNER DETAIL TYPE "1TM OAR y~' [ NOTE) THIS COVER PLAIE SHALL BE It~STALLEO SO IT IS FLUSH #lr'H THE TOP OF THE BARRIER, (T YP.~ ~1~" ' NOTES: 1. TE'WPORARY CONCRETE BARR]£R SHALL gE PRECAST IN ACCO~OANCE kqlH THE RE~JIEEI~NTS KEY ~N PLAC~ IEFFECTIVE DATE: 01/07/10 CONNECTION KEY STATE OF NEW YORK DEPARTUENT OF TRANSPORTATION TEMPORARY CONCRETE BARRIER (SHEET I OF 2) OEI'UTY CHIEF ENG~IEER 619-01 NOTE: SOURCE IS FROM NYS DEPARTMENT OF TRANSPORTATION I I I I I 2 3 4 5 I I I PLAN A A ~ STATE ~ NEW YORK ~EVA~ ~C~ H~ TE~ORARY CONCRETE BARRIER JOINT C~C~ aL~A~) L~R dO~T C~C~ ~ATE) (SHEET 2 ~ 2) TAPERED END SECT]ON BAR LIST MARK S~ZE NUMBER PER SECTION LENGTH TYPE k B C LOCATION I I I r · ~ WATER MAIN (LOCATION APPROXIMATE) ' P P OPOSED 2' SUFFOLK CO WgTER AUTHORIIY/ ~ I NO OSEO <4'~ - HP ~6~ ~ ST-OASI ! I WATER MA N <LOCAT ON APPROXIMATE I~, / II I I I I I I & O<ERHEND TELEPHONE (OH~ T 4.2 IN I [NE WJlH OVERHEAD ELECTRIC (OE) '~ ~ (PRIMARY ~, TRANSMISSION) LOT 5.5 ~ ~ i NOTES CONTINUED ~ = I ~ ~ 2. bICO POLE .13~ ~ LIP, POLE .241 VPSC,LEO F0, CL,RITY. ~. VE,II~AL. O,TUM, . N,VO 1,~. ,EN~., H ' I I ~ ~ RETAINING SEAWALL ~ ~ S[~ - DnTE j COUNTY: ........................ SHEET NO. SHOULDER CLOSURE SHORT OR INTERMEDIATE TERM STATIONARY 2-LANE 2-WAY ROADWAY NOT TO SCALELiP [ = ~. ~l BACKGROUND-WHITE (RETROREFLECTIVE) ~.~ *See page NOTE~ 2. NO W~K AC11VITY 0R Sl~lGE 0F E~I~NT, VEHICLES, 0R MATERIAL SH~O OCC~ WITHIN A BUFFER SPACE. TRAFFIC RESTRICTION SIGN WHEN THE 01STANCE BETWEEN THE AOVANCE WARN[~ SIGNS AN0 WORK IS 2MILES TO 5 MILES, A S~LE~NTAL 0ISTANCE ~A~E (W7-]o) SH~L0 BE USE0 WITH THE SH~0ER ~21-5~. NO~S: 1. SEE NYSDOT ITEM / SPECIFICATIONS 4, THE ROA0 R~K NEXT XX MILES SIGH {G~0'I} MAY BE USE0 [NSTEA0 0F THE ROA0 W~K FOR INSTAL~TIONREQUIREMENTS: AHEA0 SION IW20-1i IF W~E L~ATIONS 0CC~ 0~R A 01STA~E ~ ~E THAN 2 MILES. S~GNPANELSW~OUTZ-BARS; 5. FOR B~RIER ~HICLE USE RE~IRE~NTS SEE TABLES NYI-A AN0 NY2-A ON THE STANOAR0 SHEET 2. SEENYSDOTSTANDARDSHE~3 TI1LE0 "W~K ZONE TRAFFIC CONT~0L L~G[N0~ AN0 NOT~S". 3. SIGN POSTEMBEDMENTSHALLBE3FEET. BETKEN THE ~VANCE WARNING SIGN AND WORK SH~L NOT EXCEE0 5 UILES. T. CHANNELIZIN~ DEVICE SPACING (CENTER TO CENTERI SH~L NOT EXCEED 40' IN THE ACTI~ W~K SPACE. 8, TRANS~RSE DEVICES SHALL BE RE~[RED ~AS PER 6]9 ST~DARD SPECFICATI~S) WHEN A PA~D SHOULDER I 9. POSTED SPEED IS 50 MPH NOTE: 1. SOURCE IS FROM NYS DEPAR~ENT OF TRANSPORTATION 2. ALL T~FFIC CO~ROL P~S SH~L CONFORM TO ~E FEDE~L ~NUAL OF UNIFORM T~FFIC CO~ROL D~ICES (MUTCD) AND ~E NYS SUPP~MENT TO THE MUTCD I I I I B 1 2 3 4 5 WORK ZONE TRAFFIC CONTROL I WORK ZONE TRAFFIC CONTROL FOR WORK AREA FOR SHORT DURATION STATIONARY ! ON 2-LANE, 2-WAY ROADWAY RIGHT SHOULDER CLOSED (PAVED SHOULDER 8 FT OR WIDER) (TASD-C I ) (WORK THAT OCCUPIES A LOCATION FOR UP TO I HOUR) w2o-2 5~T~ I I I I I 2 3 4 LEGEND: -- - REFERENCE LINE SURVEY BASELINE ........... EDGE OF TRAVEL LANE ........ CONTOUR L[NE ~ EXIST[NO SINGLE ROW OF LARGE STONE NOTES: ~, THE ELEVATIONS ARE GENERATED FROM SURVEY CONTOURS. 2, FOR ALIGNMENT DATA AND REFERENCE POINTS SEE SHEET O 003. 3. GRID SYSTEM IS IN FEET AND IS THE NEW YORK STATE PLANE COORDINATE SYSTEM (NAD83), 4, ELEVATIONS ARE IN FEET AND ARE REFERENCED TO THE NORTH AMERICAN VERTICAL DATUM 198B (NAVD88). 5, THE INFORMATION PRESENTED REPRESENTS THE RESULTS OF SURVEY PERFORMED BY THE NY STATE DEPARTMENT OF TRANSPORTATION IN FALL 2007 AND CAN ONLY BE CONSIDERED AS [ND[GATING THE CONDITIONS EX[STING AT THAT TIME* O E~ ~> SHEET REFERENCE NUMBER V-101 I 2 3 4 5 .......... MHW (MA[N HIGH WATER) AREA OF TEMPORARY [NTER6STS 21,300 5F(0.49 ACRES) 40 20 0 40 8OFT § SHEET REFERENCE NUMBER X-101 ! US Army Corps of Engineers, NEW YORK DISTRICT Emergency Shoreline Protection Project Orient Harbor Town of Southold, New York j L Specifications US ARMY ENGINEER DISTRICT, NEW YORK INVITATION FOR BIDS NO. CHECK LIST FOR BIDDERS ATTACHED IS IFB NO. Emergency Shoreline Protection Project Orient Harbor Town of Southold, New York ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR OFFER INELIGIBLE FOR AWARD. IMPORTANT ITEMS FOR YOU TO CHECK ARE INCLUDED 1N BUT NOT LIMITED TO THOSE LISTED BELOW. THIS INFORMATION IS FURNISHED ONLY TO ASSIST YOU IN SUBMITTING A PROPER BID HAVE YOU ACKNOWLEDGED ALL AMENDMENTS? HAVE YOU COMPLETED THE "REPRESENTATIONS AND CERTIFICATIONS" (SECTION 00600) PORTION OF THE SOLICITATION? IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 14427 IS YOUR BID PROPERLY SIGNED? IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND SURETY AND ARE ALL SEALS AFFIXED? DO THE BID BOND AND ACCOMPANYING DOCUMENTS BEAR SIGNATURES AND SEALS AFFIXED AFTER THE DOCUMENT WAS GENERATED, AS OPPOSED TO COMPUTER PRINTER-GENERATED SIGNATURES AND/OR SEALS? HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR OFFER BY ALTERING THE PROVISIONS OF THE SOLICITATION? ~WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH PRICE ITEM? (THE SOLICITATION SPECIFICALLY STATES WHEN THIS IS NECESSARY.) ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR FIGURES LEGIBLE? CHECKLIST - 1 IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE THEY INITIALED BY THE PERSON SIGNING THE BID? DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY THAT IT ISA SEALED BID AND DOES IT CONTAIN THE CORRECT SOLICITATION NUMBER AND BID OPENING TIME? WILL YOUR OFFER ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED "LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS" IN THE INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, SECTION 00100 OF THE SOLICITATION.) NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K. JAVITS FEDERAL BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE TIME IT TAKES TO ENTER THE BUILDING. BIDDERS IS RESPONSIBLE TO ENSURE THAT ITS BID IS SUBMITTED TIMELY. CHECKLIST - 2 NEW YORK DISTRICT CORPS OF ENGINEERS NEW YORK, NEW YORK 10278-0090 INVITATION FOR BIDS Emergency Shoreline Protection Project Orient Harbor Town of Southold, New York 1. Attached is INVITATION FOR BIDS (IFB) NO. 2. BIDS MUST BE SET FORTH full, accurate, and complete information as required by this Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed under Title 18, United States Code, Section 1001. 3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00100). 4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL OPPORTUNITY clause as it applies to the contract resulting from this solicitation. (See paragraph NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY in Section 00100 of this IFB). 5. REPRESENTATIONS AND CERTIFICATIONS - SECTION 00600 Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids. Within Section 00600, note in particular the PROHIBITION OF SEGREGATED FACILITIES. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause (1984 APR). 6. THIS PROJECT IS A CIVIL WORKS PROGRAM PROCUREMENT AND IS NOT FUNDED BY THE DEPARTMENT OF DEFENSE. BUY AMERICAN ACT - CONSTRUCTION MATERIALS (MAY 1993) IN ACCORDANCE WITH FAR 52.225-5 APPLIES. 7. Please review all bonds and accompanying documents required to be submitted. Bonds, Powers of Attorney, statements of authenticity and continuing validity, and all related documents MUST NOT bear computer printer-generated signatures and/or COVER SHEET - 1 seals. Documents bearing signatures and/or seals generated as part of a document, as opposed to being affixed to the document after its generation, will not be accepted. Submission of such documents may render the bid or offer non-responsive and ineligible for award. COVER SHEET - 2 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY MAIN TABLE OF CONTENTS SECTION 00010 00600 00700 O0 80 O0 TITLE SF 1442 AND BIDDING SCHEDULE REPRESENTATIONS AND CERTIFICATIONS (To be included by Contracting Division) CONTRACT CLAUSES (To be included by Contracting Division) SPECIAL CONTRACT REQUIREMENTS LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS 00900 WAGE RATES (To be included during advertising of project) TECHNICAL PROVISIONS 01 11 00 01 12 00.00 18 01 31 10.00 18 01 33 00.00 18 01 35 26 01 45 02.00 18 01 45 04.00 18 01 57 20.00 10 03 30 53 31 05 22 31 23 15 35 31 19 SUMMARY OF WORK DESIGN AND RECORD DRAWING REQUIREMENTS PROJECT SCHEDULE: BAR CHART SUBMITTAL PROCEDURES GOVERNMENTAL SAFETY REQUIREMENTS QUALITY CONTROL SYSTEM (QCS) CONTRACTOR QUALITY CONTROL ENVIRONMENTAL PROTECTION MISCELLANEOUS CAST-IN-PLACE CONCRETE GEOTEXTILES USED AS FILTERS EXCAVATION AND BEACH FILL STONE STRUCTURES MTOC - 1 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY SECTION 00 80 00 SPECIAL CONTRACT REQUIREMENTS TABLE OFCONTENTS 1. Commencement, Prosecution, and Completion of Work 2. Liquidated Damages - Construction 3. Certificated of Compliance 4. Contract Drawings, Maps, and Specifications 5. Record Drawings 6. Designation o f Property Administrator 7. Physical Data 8. Equipment Ownership and Operating Expense Schedule 9. Alterations in Contract 10. Availability and Use of Utility Services 11. Scheduling and Determination of Progress 12. Acceptance Surveys 13. Time extensions 14. Misplaced Materials (Not Applicable) 15. Superintendence of Subcontractors 16. Procedures for Submission and Payment of all Contact Payments 17. Safety and Health Requirements Manual 18. Submission of Claims 19. Final Examination and Acceptance 20. Inspection 21. Authorized Construction Area and Trespassing 22. Damage to Work 23. Environmental Litigation 24. Performance Evaluatiori of Contractor 25. Oil Transfer Operations 26. Labor-Additional Requirements 27. Preconstruction Conference 28. Vehicular and other Safety Control 29. Progress Payments 30. State/Local Income Taxes 31. Payment for Materials Delivered Off-Site 32. Layout of Work 33. Crane and Dragline Safety Requirements 34. Storage/Staging Areas 35. Verification of Small Business Utilization 36. Coordination Conferences 37. Contracting Working Hours 38. Construction Project Signs and Public Safety Sign 39. Protection of Existing Structures 00 80 00 - 1 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY 40. Plant 41. The Seagoing Barge Act 42. Field Office 00 8O 00 - 2 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY SPECIAL CONTRACT REQUIREMENTS 1. COMMENCEMENT~ PROSECUTION AND COMPLETION OF WORK a. The Contractor shall be required to commence work under this contract within 5 calendar day after the date the Contractor receives the notice to proceed, (ii) prosecute the work, and (iii) complete the entire work ready for use not later than 180 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises. (FAR 52.212-3) Location: The site of work is located in the Town of Southold, New York. b. The Contractor shall furnish all labor, materials, equipment, and services (except those furnished by the Government) for the work as described in Section 01 11 00 SUMMARY OF WORK. c. All work shall be in accordance with the drawings and specifications or instructions attached hereto and made a part thereof, or to be furnished hereafter by the Contracting Officer and subject, in every detail, to his supervision, direction, and instructions. (DoD FAR Supplement 52.236-7014) d. Magnitude of Construction Project: The estimated value of the proposed work is between $1,000,000 and $5,000,000. 2. LIQUIDATED DAMAGES- CONSTRUCTION a. If the Contractor fails to complete the work within the time specified in the Contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $ each day of delay. b. If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work. c. If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. (FAR 52.212-5) 3. CERTIFICATES OF COMPLIANCE 00 80 00 - 3 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 4 copies. Each certificates shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certification apply. Copies of laboratory tests reports submitted with certific.ates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfying material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements. (ECl 7-670.3) 4. CONTRACT DRAWINGS~ MAPS AND SPECIFICATIONS See contract clause entitled CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS in Section 00700 CONTRACT CLAUSES. 5. RECORD DRAWINGS During the progress of the job, the Contractor shall keep a careful record at job site of all changes and corrections from the layouts shown on the plates. The Contractor shall enter such changes and corrections on contract plates promptly but in no case later than a weekly basis. The Contractor shall also incorporate into record drawings all changes to drawings made by amendments prior to contract award. The Contractor shall submit to the Contracting Officer two (2) sets of as-built prints showing all changes. If the Contractor fails to maintain the record drawings as required herein, the Contracting Officer will consider that satisfactory progress has not been achieved for the period in question, thereby requiring the retainage of 10% of any progress payments to be made until such plates are made current. Additionally, the estimated cost of maintaining the record drawings will be deducted from any such progress payments. 6. DESIGNATION OF PROPERTY ADMINISTRATOR The Chief, Property and Accounting Section, U.S. Army Engineer District, New York, Federal Building, 26 Federal Plaza, New York, N.Y. 10278-0090 is designated as Property Administrator in connection with this contract. 7. PHYSICAL DATA Information and data furnished or referred to below are furnished for the Contractor's information. However, it is expressly understood that the Government will not be responsible for any interpretation or conclusion drawn therefrom by the Contractor. (FAR 52.236-4)(APR 1984) 00 80 00 - 4 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY a. The physical conditions indicated on the drawings and in the specifications is the result of site investigations by surveys. Should any question or discrepancies arise, the condition should be independently confirmed by the Contractor. The drawings can only be considered as indicating the conditions at the time of the surveys. b. Weather Conditions: The site of the work is exposed to Orient Harbor/Gardiners Bay and the construction operations will be affected by tide, wind and wave actions. The tides are semi-diurnal and have a mean range of about 2.3 feet with a spring tide range of 3.6 feet. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluation. MONTHLY ANTICIPATED ADVERSE WEATHER DELAY (WORK DAYS) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (8) (7) (8) (7) (9) (10) (6) (5) (5) (6) (5) (7) c. Transportation Facilities: Highways and Roads: The immediate vicinity of the proposed work is served primarily by NY State Route 25. The main vehicle artery which serves the project site is State Route 25. The Contractor shall make his own investigation of available roads for transportation, of load limits of bridges and roads, and other road conditions affecting the transportation of the materials, equipment, supplies and other facilities to the site. The Contractor shall also construct such temporary haul roads and bridges as may be necessary for the conduct of his work. Any such temporary construction shall be restored to its original conditions. All costs for the use of existing transportation facilities, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be borne by the Contractor. 8. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE a. Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractors at any tier shall be based on actual cost data when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the Contractor's accounting records. When both ownership and operating costs cannot be determined from the Contractor's accounting records, equipment costs shall be based upon the applicable provisions of EP 1110-1-8, *"Construction Equipment Ownership and Operating Expense Schedule," Region 1. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment 00 80 00 - 5 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY not included in the schedule, rates for comparable pieces of equipment may be used or a rote may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiation shall apply. For retrospective pricing, the schedule in effect at the time the work was performed shall apply. (* This manual can be ordered from the Government Printing office by calling telephone number (202) 783-3238. Them is a charge for the manual.) b. Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36 substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease-purchase or sale-leaseback arrangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees are allowable. Costs for major repairs and overhaul are unallowable. c. When actual equipment costs are proposed and the total amount of the pricing action is over $25,000, cost or pricing data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet." By submitting cost or pricing data, the Contractor grants to the Contracting Officer or an authorizing representative the right to examine those books, records, documents and other supporting data that will permit evaluation of the proposed equipment costs. After price agreement the Contractor shall certify that the equipment costs or pricing data submitted are accurate, complete and current. 9. ALTERATIONS IN CONTRACT (APR 1984) Portions of this contract are altered as follows: Add the following sentence to paragraph "g" of basic contract clause, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (1984 APR): "Upon completing the work under this contract, the Contractor shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the equipment is completed and accepted." Alt. 1 (APR 1984) (FAR 52.236-21) (7-602.54 (b) (1) OCT 1976) 10. AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984) a. Water: The responsibility shall be upon the Contractor to provide and main- tain at his own expense an adequate supply of water for his use for construction and domestic consumption, and to install and maintain necessary supply connections and piping for same, but only at such locations and in such manner as may be approved by the Contracting Officer. 00 80 00 - 6 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY b. Electricity: All electric current required by the Contractor shall be furnished at his own expense. All temporary connections for electricity shall be subject to the approval of the Contracting Officer. 11. SCHEDULING AND DETERMINATION OF PROGRESS 1. Pursuant to the contract clause, SCHEDULES FOR CONSTRUCTION CONTRACTS, the Contractor shall prepare and submit for approval a practicable project schedule. The type of schedule and detailed requirements as well as timing of this submittal shall be as specified in specification section 'PROJECT SCHEDULE'. 2. This schedule will be the medium through which the timeliness of the Contractor's construction effort is appraised. When changes are authorized that result in contract time extensions, Contractor shall submit a modified schedule for approval by the Contracting Officer. 3. The terms of Contract Clause, SCHEDULING FOR CONSTRUCTION CONTRACTS, with reference to overtime, extra shifts, etc., may be invoked when the Contractor fails to start or complete work features or portions of same by the time indicated by the milestones dates on the approved project schedule, or when it is apparent to the Contracting Officer from the Contractor's actual progress that these dates will not be met. 4. Neither on the project schedule as originally submitted nor on any updated periodic schedules which the Contractor is required to prepare and submit, shall be actual progress to be entered include or reflect any materials which even though on the site, are not yet installed or incorporated in the work. For payment purposes only, an allowance will be made by the Contracting Officer of up to 100 percent of the invoiced cost of materials or equipment delivered to the site but not incorporated into the construction, pursuant to Contract Clause, PAYMENT UNDER FIXED-PRICE CONSTRUCTION CONTRACTS. The making of such an allowance will be contingent upon a determination by the Contracting Officer that the Contractor's compliance with the quality control requirements of the contract is more than satisfactory. 12. ACCEPTANCE SURVEYS (APR 1984) a. Acceptance surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place. b. The Contractor shall be required to obtain the services ora New York licensed surveyor, experienced in both topographic and hydrographic surveying to conduct the original and final acceptance surveys and surveys for any periods for which progress payments are requested. The Contractor shall coordinate with the surveyor to maintain 00 80 00 - 7 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY work sections. At a minimum, survey data will be collected at 25 ft alongshore intervals. All these surveys shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance. The Government shall make such computations as are necessary to determine the quantities of work performed or fmally in place. The Contractor shall make the computations based on the surveys for any periods for which progress payments are requested. If the plus tolerance has been exceeded, the Contractor shall remove and replace the stone to remain within the allowed tolerance or a deduction will be made from the pay quantity of stone for the quantity of stone that exceeds the plus tolerance allowed to remain in place. The deduction will be computed by estimating the volume above the plus tolerance, multiplying by 0.63 to allow for voids, multiplying by the weight of the stone per unit of volume to three significant figures, and converting to the payment of measurement. Resetting of stone shall be to the same requirements for keying adjacent stones as the initial construction. No chinking will be permitted. c. Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer's representative. (FAR 52.236-16) 13. TIME EXTENSIONS (APR 1984) a. Notwithstanding any other provisions of this contract, it is mutually understood that the time extensions for changes in the work will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements so delayed and that the remaining contract completion dates for all other portions of the work will not be altered and may further provide for an equitable readjustment of liquidated damages under the new completion schedule. (FAR 52.212-6) b. Time Extensions for Unusually Severe Weather: (1) This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause entitle "Default: (Fixed Price Construction)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied: a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month, shown in Section "Physical Data". 00 80 00 - 8 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond on the control and without the fault or negligence of the Contractor. (2) Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. The number of actual adverse weather delay shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in Section "Physical Data", above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "Default (Fixed Price Construction)". 14. MISPLACED MATERIALS Not applicable. 15. SUPERINTENDENCE OF SUBCONTRACTORS (JAN 1965) a. The Contractor shall be required to furnish the following, in addition to the superintendence required by the Contract Clause titled, 'SUPERINTENDENCE BY THE CONTRACTOR." (1) If more than 50% and less than 70% of the value of the contract work is subcontracted, one superintendent shall be provided at the site and on the Contractor's payroll to be responsible for coordinating, directing, inspecting and expediting the subcontract work. (2) If 70% or more of the value of the work is subcontracted, the Contractor shall be required to furnish two such superintendents to be responsible for coordinating, directing, inspecting and expediting the subcontract work. b. If the Contracting Officer, at any time after 50% of the subcontracted work has been completed, finds that satisfactory requirement is being made, he may waive all or part of the above requirement for additional superintendence subject to the right of the Contracting Officer to reinstate such requirement if at any time during the progress of the remaining work he finds that satisfactory progress is not being made. (DOD FAR Supplement 52.236-7008) 16. PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT 00 80 O0 - 9 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY PAYMENTS In addition to the requirements contained in the Contract Clause entitled "PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS" and to implement the requirements of the Prompt Payment Act Amendments of 1988, P.L. 100-496, the following shall apply to all payments made under this contract: a. At the time of submission of the progress chart, the Contractor shall submit for approval by the Contracting officer or his authorized representative a breakdown of the contract work which shall be to the degree of detail required by the Contracting Officer, or his representative, to effect reasonable progress payments. The Contracting Officer, or his representative, shall review this breakdown within 30 calendar days after receipt and either advise the Contractor that it is approved or disapproved, and if disapproved the reasons for disapproval. Only after the breakdown is approved shall any payment invoice be accepted from the Contractor and any payment made to him. The Contracting Officer can determine if it is in the best interest of the Government to make payment without an approved breakdown; however, in no case shall more than 10% of the contract amount be paid unless the breakdown is approved. b. The Contractor shall submit his request for payment by submission of a proper invoice tot he office or person(s) designated in subparagraph c. For purposes of payment a "proper invoice" is defined as the following: (1) An estimate of the work completed in accordance with the approved breakdown indicating the percentage of work of each item and the associated costs. (2) A properly completed Eng Form 93 and 93a (where required). (3) All contractual submissions indicated elsewhere in this contract to be submitted with payment, such as updated progress schedules, updated submittal registers, etc. (4) The following certification executed by a responsible official of the organization authorized to bind the firm. A "responsible official" would be a corporate office, partner, or owner, in the case ora sole proprietorship. 1 hereby certify, to the best of my knowledge and belief, that (a) The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract; (b) Payments to subcontractors and suppliers have been made form previous payments received under the contract and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract requirements and the requirements of Chapter 39 of Title 31, Untied States Code; and O0 80 O0 - 10 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY (C) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract. (d) All required prime and subcontractor payrolls have been submitted. (Name) (Title) (Date) c. The Government shall designate the office or person(s) who shall first receive the invoice submissions and the Contractor shall be so notified at the pre-construction conference. In addition to the designated Project Engineer, the Contractor shall at the same time submit one copy of the detailed breakdown and the Eng Form 93 and 93a Form to the Area Engineer. d. The Government representative shall return any request for payment which is deemed defective within 7 days of receipt and shall specify the defects. If the defect concerns a disagreement as to the amount of work performed and or the amount of the payment being submitted, the Government and the Contractor's representative should meet to resolve the difference and reach agreement. Upon agreement, the Contractor shall submit a new breakdown and Eng Form 93 (and 93a) and any other submissions requiring correction. These will be incorporated with the previous submittal and will then constitute a proper invoice. e. If agreement cannot be reached, the Government shall determine the proper amount per Contract Clause, PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS and process the payment accordingly. In this event, a "proper invoice" for Prompt Payment Act purposes will not have been submitted to the Government. f. The Government shall pay the Contractor in accordance with the following time frames: (1) Progress Payments. From the date a "proper invoice" is received, in accordance with subparagraphs b and d of this clause, the Government will issue a check with 14 calendar days. (2) Reduction in Retainage Payment. If during the course of the contract, a reduction in retainage payment is required, the Government shall issue a check within 14 008000- 11 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY calendar days after the approval of the release to the Contractor by the Contracting Officer or his authorized representative. (3) Final Payment. A final payment request shall not be considered valid until the Contractor has fulfilled all contract requirements including all administrative items, payrolls, warranties, etc. and has submitted a release of claims. When the Contractor has fulfilled all contract requirements and a "proper invoice" has been submitted, the Government shall issue a check within 14 days from the date of acceptance of the project by the Contracting Officer. 17. SAFETY AND HEALTH REQUIREMENTS MANUAl, 1. The Contractor is advised that the latest edition of the U. S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, as referenced in the Accident Prevention Clause of Section 00700 CONTRACT CLAUSES, is dated 3 November 2003. 2. Before commencing work, the Contractor shall: (1) submit a written proposal for implementing the Accident Prevention Plan, and (2) meet with representative of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program. 18. SUBMISSION OF CLAIMS 1. The following shall be submitted to the Contracting at the following address: U.S. Army Corps of Engineers, New York District, 26 Federal Plaza, New York, New York 10278-0090: a. claims referencing or mentioning the Contracting Disputes Act of 1978 b. requests for a written decision by the Contracting Officer c. claims certified in accordance with the Contract Disputes Act of 1978 2. No other Government representative is authorized to accept such requests. A copy shall also be provided to the Authorized Representative of the Contracting Officer. 3. The Contractor shall also provide the Contracting Officer with a copy of any requests for additional time, money or interpretation of contract requirements which were provided to the Authorized Representative of the Contracting Officer and which have not been resolved after 90 days. 00 80 00 - 12 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY 19. FINAL EXAMINATION AND ACCEPTANCE (APR 1965) Final acceptance of the whole or a part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error. The acceptance of a completed section shall not change the time of payment of the retained percentage of the whole or any part of the work. 20. INSPECTION 1. The Contracting Officer, or his representative, will direct the maintenance of gages, ranges, location marks, and limit marks in the proper order and position, but the presence or absence of the Contracting Officer, or his representative, shall not relieve the Contractor of his responsibility for the proper execution of the work in accordance with the specifications. 2. The Contractor will be required: a. To furnish, on the request of the Contracting Officer, or his representative, the use of such tracks, boats, boatmen, laborers, a part of the ordinary and usual equipment and crew of the plant as may be reasonably necessary in inspecting and supervising the work. b. To furnish, on the request of the Contracting Officer, or his representative, suitable transportation from all points on shore designated by the Contracting Officer, or his representative, to and from the vahous places of plant. 3. Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer, or his representative, and the cost thereof will be deducted from any money due or to become due the Contractor. 21. AUTHORIZED CONSTRUCTION AREA AND TRESPASSING The Contractor shall not inflict damage upon land properties, roads, and bridges outside the authorized construction area by unwarranted entry upon, passage through, damage to or disposal on such land or property, or overloading of roads and bridges. The Contractor may make a separate agreement with other party regarding the use of, or right to, land or facilities outside the contract area. If such an agreement is made, it shall be in writing and a copy shall be furnished the Contracting Officer. The Contractor shall hold and save the Government, its officers, and agents free from liability of any nature or kind arising from any trespassing or damage occasioned by his operations. 00 80 00 - 13 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY 22. DAMAGE TO WORK The responsibility for damage to any part of the permanent work shall be as set forth in Contract Clause entitled "Perrrdts and Responsibilities" of Section 00700 CONTRACT CLAUSES. However, if in the judgement of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane, or tornado, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor will make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there is no contract unit or lump sum price applicable to any part of such work, an equitable adjustment, pursuant to Contract Clause entitled "Changes" of the contract, will be made as full compensation for the repairs of that part of the permanent work, for which there are no applicable contract unit or lump sum prices. Except as herein provided, damage to all work, utilities, materials, equipment, and plant, including temporary construction and utilities, pavements, and other property along the routes used by the Contractor's pipeline and/or land vehicles, shall be repaired to the satisfaction of the Contracting Officer, at the Contractor's expense regardless of the cause of such damage. 23. ENVIRONMENTAL LITIGATION (1974 NOV) (OCE) a. If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environ- mental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the Contract Clause entitled "Suspension of Work" of this contract. The period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding pro fiO as provided in that clause, subject to all the provisions thereof. b. The term "environmental litigation", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not dully considered, either substantively or procedurally, the effect of the work on the environment. (ECI 7-671.10) 24. PERFORMANCE EVALUATION OF CONTRACTOR (1985 JAN HQ 00 80 00 - 14 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY USACE) 1. As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluation may be prepared at any time during contract performance when determined to be in the best interest of the Government. 2. The format for the evaluation will be SF 1421, and the Contractor will be rated either outstanding, satisfactory, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor will be advised if any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Contractor comments will be made a part of the official record. Performance Evaluation Reports will be available to all DoD Contracting Officers for their future use in determining Contractor responsibility, in compliance with DFAS 36.201 (c)(l). 25. OIL TRANSFER OPERATIONS (NAP-I/81) The Contractor shall assure that oil transfer operations to or fi.om his plant comply with all Federal, State, municipal laws, codes and regulations. Particular attention is invited to 33 CFR Subchapter 0, Pollution. The Contractor shall incorporate in the accident prevention program, submitted in compliance with contract clause entitled "Accident Prevention", sufficient information to demonstrate that all fuel transfers will be made in compliance with 33 CFR 156 and any other applicable laws, codes and regulations. 26. LABOR-ADDITIONAL REQUIREMENTS Fringe benefits statement: The method of payment of applicable fringe benefits will be indicated on DD Form 879, Statement of Compliance, and attached to each weekly payroll. 27. PRECONSTRUCTION CONFERENCE a. A preconstraction conference will be arranged by the Contracting Officer, or his Representative, after award of contract and before commencement of work. The Contracting Officer's representative will notify the Contractor of the time and date set for the meeting. At this conference, the Contractor shall be oriented with respect to Government procedures and line of authority, contractual, administrative, and construction matters. Additionally, a schedule of required submittals will be discussed. b. The Contractor shall bring to this conference the following items in either completed or draft form: 00 80 oo - 15 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY The Contractor's order of work Accident Prevention Plan (See Section 00700, Contract Clause 52.236-13) Quality Control Plan (See Section 01451) Letter appointing Superintendent List of subcontractors Environmental Protection Plan (See Section 01560) 28. VEHICULAR AND OTHER TRAFFIC CONTROL The Contractor shall obtain the services of a Professional Engineer to prepare and sign a Vehicular and Other Traffic Control Plan. The Vehicular and Other Traffic Control Plan shall he in compliance with NYSDOT standards and is subject to the approval of the NYSDOT. The Contractor shall be required to provide and maintain barriers, flagmen and warning devices during construction and hauling operations, which may interfere with vehicular and other traffic. The Contractor shall also be required to effect necessary traffic control as required by the appropriate agencies. All safety precautions shall be subject to the approval of the Contracting Officer. 29. PROGRESS PAYMENTS Progress payments made pursuant to the PAYMENTS TO CONTRACTOR clause for any item of work in the bid schedule shall be based on the contract unit price or lump sum amount set forth in the bid schedule for that item of work. If the amount of the unit price or lump sum bid for any item of work is in excess of 125% of the Government estimate for such items, the Contracting Officer may require the Contractor to produce cost data to justify the price of the bid item. Failure to justify the bid item price to the satisfaction of the Contracting Officer may result in payment of an amount equal to 125% of the Government estimate for such bid item upon completion of work on the item and payment of the remainder of the bid item price upon final acceptance of all contract work. 30. STATE/LOCAL INCOME TAXES The Contractor agrees that if during the performance of this contract it is relieved of its obligation to pay state and/or local income taxes on the income from this contract, an equitable adjustment will be made. The Contractor agrees to notify the Government within ten (1 O) days of its relief from such taxes. 31. PAYMENT FOR MATERIALS DELIVERED OFF-SITE 00 80 00 - 16 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY Pursuant to the Contract Clauses in this contract titled "Payments Under Fixed-Price Construction Contracts", materials delivered to the Contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the Contract Clauses are fulfilled. Payment for items delivered to locations other than the work site will be limited to those materials which have been approved, if required by the technical provisions; those materials which have been fabricated to the point where they are identifiable to an item of work required under this contract. Such payment will be made only after receipt of paid or receipted invoices or invoices with cancelled check showing title to the items in the prime contractor and including the value of materials and labor incorporated into the item. 32. LAYOUT OF WORK a. The Contractor will establish at his own expense the base lines and bench marks at the site of the work: b. From the base lines and bench marks established, the Contractor shall complete the layout of the work and shall be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the contract drawings, subject to such modifications as the Contracting Officer may require to meet changed conditions or as a result of necessary modifications to the contract work. c. The contractor shall furnish, at his own expense, such stakes, templates, platforms, equipment, tools and material, and all labor as may be required in laying out any part of the work from the base lines and bench marks. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks established until authorized to remove them, and if. such marks are destroyed by the Contractor, or through his negligence prior to their authorized removal, they shall be replaced by the Contractor, at his own expense, if directed by the Contracting Officer. The Contracting Officer may require that work be suspended at any time when location and limit marks established by the Contractor are not reasonably adequate to permit checking of the work. d. General Survey Requirements Control: Survey control will be established from the existing survey control description data and baseline information as shown on the drawings. The Contractor shall utilize the North American Vertical Datum (NAVD) 1988 as the vertical datum for elevation and depth references for all profiles. The Contractor shall utilize Long Island Lambert System of Coordinate (NAD 1983) as the horizontal datum. 2. Data References: Horizontal distances of each survey point shall be referenced as positive seaward from the established baseline point, and negative landward from the baseline. In addition, all survey points shall be 00 80 00 - 17 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY recorded in three dimensions using the Long Island Lambert System of Coordinates (NAD 1983) and NAVD elevation. 33. CRANE AND DRAGLINE SAFETY REQUIREMENTS In addition to meeting all applicable requirements of OSHA standards and Section 16 of the U. S. Corps of Engineers Manual, "Safety and Health Requirements", EM 385- 1-1, dated 3 November 2003, all cranes used in performing the work set forth in these specifications shall be equipped with geared boom hoists or otherwise provided with mechanisms which will prevent the booms from failing free. Cranes that are equipped with booms that can be lowered either by gravity or by power shall have the mechanisms for operating the booms by gravity made inoperative so that the booms cannot be lowered by gravity. The booms of all cranes and draglines shall also be equipped with shock absorbing type back stops to prevent them from overtopping. All cranes shall have a red strobe light and two flags attached to the end of the boom. The flags shall be 18-inches square and international orange in color. The strobe does not need to be flashing during daylight hours or when the boom is lowered to the ground at night. The strobe shall be flashing when operating during weather in which visibility is reduced or when operating at night. The strobe shall remain flashing if the boom remains elevated at night. Cranes may only be operated by qualified operators. Proof of qualification shall be in writing. Crane Operators shall be designated by a source which qualifies crane operators (see EM 385-1-1, paragraph 16.C.04 and 16.C.05). 34. STORAGE/STAGING AREAS The Contractor may store his required materials and equipment within the "Work Limits" shown on the drawings. No storage will be allowed outside the designated work limits. The Contractor may make his own arrangements with parties or agencies involved for storage areas outside the work limits. A temporary concrete barrier (DOT item #619.17) shall be placed separating the Route 25 travel lane from the staging area. 35. VERIFICATION OF SMALL BUSINESS UTILIZATION a. This clause is applicable to small business concerns whose contracts exceed $1,000,000. b. In accordance with the clause at FAR 52.219-8, entitled UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS, in effect on the date of this contract, the Contracting Officer may survey 00 80 00- 18 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY the extent of small and small disadvantaged business utilization under this contract. The Contractor may be required to report to the Contracting Officer statistical data on the number and dollars amounts of subcontracting awards with small businesses and small disadvantaged businesses. c. As appropriate, the Contracting Officer may require one or more follow-up reports to the initial report. d. The Contractor agrees to insert this clause in any subcontract that may exceed $1,000,000, including this subparagraph (d). 36. COORDINATION CONFERENCES Routine coordination conferences will be scheduled by the Contracting Officer throughout the life of this contract. Coordination conferences will be held to discuss contract administration, Contractor quality control, phasing, scheduling, and other aspects relating to this construction. The Corps of Engineers and the Contractor will be represented at each of these meetings. Similar information concerning replace-ment personnel shall be forwarded to the Contracting Officer, should any replacement be required at any time during the life of this contract. Coordination conferences will be scheduled to occur on a weekly basis. 37. CONTRACTOR WORKING HOURS Unless specifically authorized by the Contracting Officer, contract work shall be restricted to the hours of 7:00 A.M. to 4:00 P.M., Mondays through Fridays. No work will be permitted on weekends and Federal and State legal holidays. The Contractor shall contact the local NYSDOT Maintenance Office in Riverhead, NY and request approval in advance when working beyond designated working hours. The Contractor shall comply with paragraph 01 .c.04 of EM 385-1-1, the U.S. Army Corps of Engineers Safety and Health Requirements Manual, in effect on the date of this solicitation. 38. CONSTRUCTION PROJECT SIGNS a. The Contractor shall construct 2 signs, one for project identification and the other to show on-the-job safety performance. The project identification sign, which will identify the work with the Corps of Engineers and the primary emblem of the American Recovery and Reinvestment Act (ARRA), shall be 4 feet by 6 feet in size and shall conform to the requirements of the PROJECT SIGN drawing and installation instructions attached at the end of this section. The lettering for the 2 feet by 4 feet section of the sign 00 80 00 - 19 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY with the Corps logo shall be white; all other lettering shall be black. The ARRA emblem shall not be displayed at a size less than 6 inches in diameter, and can be down loaded fi.om the following website: <http://www.recovery.gov/?q=contentYpresident-and-vice- president-unveil-new-recovery-emblem-download-available>. Lettering for the project name shall be Helvetica Bold, all other lettering shall be Helvetica Regular. The sign coordinator is Mary Pizzuto @ 504.862.2000. No separate payment will be made for construction and erection of the project sign and all costs in connection therewith will be considered an incidental obligation of the Contractor. Upon completion of the work, the sign shall become the property of the Contractor and shall be removed from the job site. b. Sample sign drawings together with mounting and fabrication details are provided at the end of this section. The signs shall be erected as soon as possible and within 15 calendar days after the date of Notice to Proceed. c. The two signs are to be displayed side by side and mounted for reading by passing viewers. The exact placement location will be as designated by the Contracting Officer. d. Panels are to be fabricated using HDO (High Density Overlay) plywood with dimensional lumber uprights and bracing. The sign faces shall be non-reflective vinyl. e. All legends are to be die-cut or computer cut in the sizes and typefaces specified and applied to the white panel background following the graphic formats shown on the attached sheets. The Communications Red panel on the left side of the construction project sign with the Corps signature (reverse version) shall be screen printed onto the white background. f. No separate payment will be made for erecting and maintaining the project signs, and all costs in connection therewith will be considered the obligation of the Contractor. Upon completion of the project, the Contractor shall remove the signs from the work site. 39. PROTECTION OF EXISTING STRUCTURES All existing structures, fences, utility lines, roads, dunes and other improvements shown on the drawings or others which the existing and location of are made known to the Contractor prior to beginning work shall be protected from damage. In the event of damage as a result of the Contractor's operations, The Contractor shall be responsible for the repair, restoration, or for all cost of damage resulting therefrom. If the Contractor elects to have alterations made to any existing structure, utility, dune, road, or other improvements for his convenience, he shall make arrangements with the owner of the facility for such alterations. O0 80 O0 -20 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY Arrangements made between the owner and the contractor to alter existing structure shall be approved by the Contracting Officer unless the EXISTING STRUCTURES are to be removed by the owner. 40. PLANT The Contractor agrees to keep on the job sufficient plant to meet the requirements of the work. The plant shall be in a satisfactory operating condition and capable of safely and efficiently performing the work as set forth in the specifications. The plant shall be subject to the inspection of the Contracting Officer at all times. No reduction in the capacity of the plant employed on the work shall be made except by written permission of the Contracting Officer. The measure of the "Capacity of the Plant" shall be its actual performance on the work to which these specifications apply. 41. THE SEAGOING BARGE ACT (Revised 46 USC 2101 (3), (32); 3301 (4),(6); 3302©(2); 3305(a),(a)(1),(3),(4); 3307(1),(3); 3309(a); 3311) The Seagoing Barge Act applies to this project. In the event the Contractor contemplates using plant that requires U.S. Coast Guard certification to comply with this Act, the Contractor shall submit a copy of said certificate(s) with his Accident Prevention Plan to the Contracting Officer for approval within fifteen (15) calendar days after the award of contract. No work shall commence until the Contracting Officer reviews and approves the Accident Prevention Plan. If there is conflict between the US Army Corps of Engineers Manual and the Seagoing Barge Act, the most stringent requirement governs. 42. FIELD OFFICE a. The Contractor shall furnish, prior to the start of work, a lockable new field office and new equipment for the use of the Contracting Officer. b. A lease commercial office space is acceptable as the field office. c. The office shall be located in close proximity to the project site and be approved by the Contracting Officer's Representative. d. The following shall be submitted for approval: Equipment and Services: No separate payment shall be made for providing the items below and all costs in connection therewith will be considered the obligation of the Contractor. Office space shall be a minimum of 800 SF, with lockable interior doors. The space (if rented in a building) shall be in good condition. The office shall contain at least two operable windows with screens. One (1) enclosed bathroom with hot and cold water. 00 80 oo - 21 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY One (1) enclosed office of minimum dimensions of 12 feet x 12 feet. One (1) office desk with lockable drawers (60 inches x 30 inches) laminated top and high-back cloth swivel chairs. One (1) fire-proof, 4-drawer, legal-size lockable filing cabinets. Two (2) shelf sets, four-shelves high x 12 inches deep x 3 feet long (attachable to wall). One (1) 21" Color TV with basic cable service with the Weather Cannel included. Wall TV/VCR swivel mount with outlet surge protector. One (1) office conference tables, 2-1/2 feet by 10 feet with laminated top. Four (4) straight high back office chairs with wheels. One (1) bulletin board, 3 feet x 5 feet. Two (2) wastebaskets with supply of bags. One (1) drafting table for E-size drawings and chair. One (1) coat rack. One (1) paper towel dispenser with towels. One (1) paper cup dispenser with cups. One (1) water cooler/heater with water. One (1) steel locking storage cabinet. All structures installed under this paragraph FIELD OFFICE shall be provided with, as a minimum, the following services: · Lighting: electric light, non-glare types luminaries to provide a minimum illumination level of 50-foot candles at desk height level · Heating and Cooling: adequate equipment to maintain an ambient air temperature of 70 degrees F +/- 3 degrees · Window Blinds · Potable bottled water · Fire Extinguisher: non-toxic, dry chemical, fire extinguisher meeting Underwriters Laboratories, Inc. approval for Class A, Class B and Class C fires with a minimum rating of 10A; 20B, 10C · Toilets: At least one (1) enclosed room power-ventilated, heated and complying with applicable sanitary codes including hot and cold running water and flush-type toilet · 24-hour electronic security alarm system with direct feed to local police · Cable Modem Service: Cable modem service with all required equipment (modems, filters, Ethernet NIC cards, etc.) shall be provided for the entire duration of the contract. Service shall utilize a Static IP address for the connection. Contractor shall pay all costs associated with this service including any ISP fees. Cable Modem service shall be a 'dedicated' service, and this line shall not be shared with any other Users (i.e., Contractors Field Office Trailer and USACE Field Office Trailer shall not utilize the same Cable Modem line via an Ethernet Switch/Hub). All field office computers shall be provided with and have installed all required equipment (Switch, Hub, Ethernet NIC Cards, modems, etc.). · The contractor shall be responsible for the monthly utility and telephone payment and installation cost of the above service and equipment. 00 80 00 - 22 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY Janitorial services on a daily basis including, but not limited to, sweeping, emptying baskets, weekly mopping, dusting all surfaces, servicing of toilets and washing and waxing floors, cleaning all windows (inside and out) and re-supply of paper goods and soap. Sufficient supply of electrical outlets meeting NEC code for residential construction. First Aid Kit: As a minimum the kit shall include antiseptic kit, eyewash solution, bandages, insect sting medication, aspirin and acetaminophen, and cold pack. The field office shall be removed from the project site when and as directed by the Contracting Officer. Digital Camera: One (1) digital camera Cannon Power Shot SD 1200 IS Digital ELPH or equal with case, spare battery and memory card, computer interface and program and desk charger. Telephone: Two telephones: with 2 phone lines (one for fax), separate cordless station phone 900 MHz (2) line. Telephone shall be two lines with twenty number memories. Phone service shall be applied in the Contractor's name and itemized bills paid by the Contractor. Installation and phone company fees shall be paid by the Contractor. The Contractor shall arrange for the telephone service and instrument as follows: · 2 lines. · I line dedicated for use by fax machines. · I line dedicated for use by computer. · I TCIP modem line for the network computer. Telephone Answering Machine: One 2-line digital telephone answering machine with remote answering and access capability and voice time/day stamp. 00 80 00- 23 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY PROJECT IDENTIFICATION SIGN Refers to the U.S. Army Corps of Engineers, "Sign Standards Manual", EF}S-310-1-6. 00 80 00 - 24 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY SAFETY PERFOR~,NCE SIGN The graphic lorn'lat, color, siz~ and type-feces used on the sign are to Safely record numbers are mour~ted on individual metal plates and am screw-mounted to the background to arrow for daily revisions to posted sate~y performance ] Requirement 00 80 00 - 25 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY US ARMY CORPS OF ENGINEERS, NEW YORK DISTRICT Emergency Shoreline Protection Project Orient Harbor Town of Southold, New York CONTRACTOR: FUNDED BY: COMPLETION DATE: FOR YOUR SAFETY DO NOT ENTER DESIGNATED WORK AREAS OBEY ALL LOCAL REQUIREMENTS CONCERNING PROHIBITED ACTIVITIES DISTRICT ENGINEER: COLONEL JOHN R. BOULE' II PUBLIC SAFETY SIGN 00 80 00 - 26 Emergency Shoreline Protection Project, Orient Harbor, Town of Southold, NY Fabrication and Mounting Guidelines 00 80 00 - 27 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 01 11 00 SUMMARY OF WORK o4/o~ PART 1 GENERAL 1.1 WORK COVERED BY CONTRACT DOCUMENTS 1.1.1 Project Description Repair will consist of the following construction items: 1. Remove existing stone from between Station 1+10 and Station 3+57 to allow for construction of new stone seawall section. Removed stone that satisfies specification will be sorted and reused in the new construction. feet. Construct new stone seawall section in increments not to exceed 50 a. Remove and reset existing seawall stone between Station 0+00 and Station 0+10 as needed to interlock existing seawall with newly construction section. b. Excavate to lines and grades as shown on the contract drawings. Excavated material will be stockpiled for placement as beach fill following acceptance of stone work. c. Place new geotextile fabric d. Place new bedding stone (4 lb to 25 lb, 1-ft thick), wrapping geotextile around ends. e. Place new and acceptable reuseable armor stone (1120 lbs to 1880 lbs), beginning with the largest toe stone (0.75 ton to 2.25 ton) in the seawardmost position, and assuring maximum contact between the new/new and new/existing stone interfaces. 3. Construct extension of concrete encasement 4. Construct vehicular guide rail 5. Repair pavement 6. After all alongshore increments are constructed and accepted, place beach fill cover over newly constructed stone section from Station 1+25 to Station 3+57, from Mean High Water landward. Beach fill shall consist of excavated material. 7. Stockpile excess excavated material for future use as directed by Contracting Officer. 1.1.2 Location The work is along NY State Route 25, in the Town of Southold, Suffolk SECTION 01 11 00 Page 1 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT County, New York, at the eastern end of the existing stone seawall fronting Orient Harbor/Gardiners Bay. 1.2 EXISTING WORK In addition to "FAR 52.236-9, Protection of Existing Vegetation, Structures, Equipment Utilities, and Improvements": a. Remove or alter existing work in such a manner as to prevent injury or damage to any portion(s) of the existing work which remain. b. Repair or replace portions of the existing work which have been altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer. At the completion of operations, existing work shall be in a condition equal to or better than that which existed before new work started. PART 2 PRODUCTS Not Used. PART 3 EXECUTION NOT USED. -- End of Section SECTION 01 11 00 Page 2 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 01 12 00.00 18 DESIGN AND RECORD DRAWING REQUIREMENTS PART 1 GENERAL Ail RECORD DRAWINGS (or "as-builts") to be provided under this contract shall be accomplished and developed using computer-aided design and drafting (CADD) software and procedures conforming to the following criteria. 1.2 GRAPHIC FORMAT All CADD data shall be supplied in Bentley Systems, three-dimensional, MicroStation VS, native electronic digital format (i.e., .dgn, .cel). The contractor shall ensure that all digital files and data (e.g., model files, sheet files, reference files, cell libraries) are compatible with the Government's target CADD system (i.e., basic and advanced CADD software, platform, database software), and adhere to the standards and requirements specified herein. The term "compatible" means that data can be accessed directly by the target CADD system without translation, preprocessing, or postprocessing of the electronic digital data files. It is the responsibility of the contractor to ensure this level of compatibility. 1.3 CADD STANDARDS CADD drawings shall be prepared in accordance with the New York District CAD Standard Version 3.0, the governing subset of the Department of Defense Architectural/Engineering/Construction (A/E/C) Computer-Aided Design and Drafting (CADD) Standard, Release 3.0. Standard drawing size shall be ~kNSI-D CADD drawings shall be prepared using inch-pound units. Ail model files and sheet files shall include the following project code their A/E/C CADD Standard file-name EMERGENCY_SHORELINE_PROTECTION_PROJECT_ORIENT_HARBOR TOWN OF SOUTHOLD_NY. The Contractor shall submit a written request for approval of any deviations from the Government's established A/E/C CADD standard. No deviations from the Government's established A/E/C CADD standard will be permitted unless prior written approval of such deviation has been received from the Government. 1.4 DELIVERY MEDIA AND FORMAT Ail CADD data and files developed under this contract shall be delivered to the Government on electronic digital media at project completion, with each submittal as required in the Schedule of Work. The electronic digital data and files shall be provided on optical media (CD-ROM or DVD-R), referred to as a "disc." Each disc shall be delivered to the Government in a separate container, commonly referred to as a "jewel box." The electronic digital media shall be in a format that can be read and processed by the Government's target CADD system. SECTION 01 12 00.00 18 Page 1 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT Model files, sheet files, and other associated files shall not be device- dependent, nor shall the directory structure of the disc require any reconfiguration or other manipulation on the Government's part to view, print, and plot the files directly from the disc. The directory structure of the disc shall be configured such that a complete download of the disc's contents to an electronic folder on a Government computer's hard drive will not require any reconfiguration or other manipulation on the Government's part to view, print, and plot the files. A tagged portable document format (.pdf) file containing the set of full-sized plotted Sheet Files shall be also included on each disc. This .pdf set shall contain active bookmarks linking to each drawing in the set. The initial view of this set shall conform to the following settings: Layout and Magnification/Navigation Tab set to Bookmarks Panel and Page. Layout and Magnification/Page Layout set to Single Page. Layout and Magnification/Magnification set to Fit Page. (For further information on tagged .pdf documents refer to this website: http://blogs.adobe.com/acrolaw/2OO6/O1/understanding_t_l.html.) Each disc shall be labeled with a printed label and each printed disc label shall contain, as a minimum, the following information: (1) The Project's Name, Contract Number (and Delivery Order Number if applicable), date, and version and/or submission number. (2) The name of the preparer's firm and the name and phone number of the preparer's Point-of-Contact for the project. (3) The sequence number of the digital media for multiple-disc submittals. (4) A description of the contents of the disc (e.g., "Architectural Plans," etc.). Note: it is acceptable, storage permitting, to include specifications, design analyses and other data on the disc as space permits. These items shall be included in the disc label in accordance with paragraph above. 1.5 HARD COPY TRANSMITTALS A transmittal letter shall accompany each electronic digital media submittal to the Government. The transmittal letter shall be dated and signed by the appropriate Contractor's representative. The transmittal letter shall be provided to the Government on 8-1/2-inch by ll-inch paper. An electronic copy of the transmittal letter in .pdf format shall also be provided on the electronic digital media submitted to the Government. The transmittal letter shall contain, as a minimum, the following information: (1) The information included on the external label of each CD-ROM, along with the total number being delivered, and a list of the names and descriptions of the files on each media unit. (2) List of all new symbol cells created for the project, which were not provided to the Contractor with the Government-furnished materials. List of all new figures, symbols, tables, schedules, details, and other cells created for the project, which were not provided to the Contractor with the Government-furnished materials, and any associated properties. List of all database files associated with each drawing, as well as a description and documentation of the database format and schema design. Recommended SECTION 01 12 00.00 18 Page 2 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT modifications which will be necessary to make the data available for GIS use. (3) Certification that all delivery media are free of known computer viruses. A statement including the name(s) and release date(s) of the virus-scanning software used to analyze the delivery media, the date the virus scan was performed, and the operator's name shall also be included with the certification. The release or version date of the virus-scanning software shall be the current version which has detected the latest known viruses at the time of delivery of the digital media. (4) A statement indicating that the A-E will retain a copy of all delivered electronic digital media (with all files included) for at least one year and, during this period of time, will provide up to 2 additional copies of each to the Government, if requested, at no additional cost. (5) List of any deviations from the Government's standard level scheme and file-naming conventions and a copy of the Government's signed and dated approval letter allowing these exact deviations from the New York District CAD Standard. The Contractor shall also provide paper copies of drawings as indicated in the paragraph entitled "Record Drawings" in Section 00 80 00.0018 SPECIAL CONTRACT REQUIREMENTS. 1.6 OWNERSHIP The Government, for itself and such others as it deems appropriate, will have unlimited rights under this contract to all information and materials developed under this contract and furnished to the Government and documentation thereof, reports, and listings, and all other items pertaining to the work and services pursuant to this agreement including any copyright. Unlimited rights under this contract are rights to use, duplicate, or disclose text, data, drawings, and information, in whole or in part in any manner and for any purpose whatsoever without compensation to or approval from the Contractor. The Government will at all reasonable times have the right to inspect the work and will have access to and the right to make copies of the above-mentioned items. All text, electronic digital files, data, and other products generated under this contract shall become the property of the Government. By reference, the following DFAR clauses are included in this contract as a part of the requirements herein: a. DFAR 252.227-7013, "Rights in Technical Data - Noncommercial Items." b. DFAR 252.227-7017, "Identification and Assertion of Use, Release, or Disclosure Restrictions." c. DFAR 252.227-7020, "Rights in Special Works." d. DFAR 252.227-7028, "Technical Data or Computer Software Previously Delivered to the Government." e. DFAR 252.227-7037, "Validation of Restrictive Markings on Technical Data." f. DFAR 252.227-7025, "Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends." SECTION 01 12 00.00 18 Page 3 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT g. DFAR 252.227-7014, "Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation." 1.7 GOVERNMENT-FURNISHED MATERIALS The New York District CAD Standard, Cover and Border sheet model files shall be downloaded from this website: http://www.nan.usace.army.mi%/business/buslinks/contract/ae/index.htm. The A/E/C CADD Standard shall be downloaded from this website: https://cadbim.usace.army.mil/CAD. 1.8 RETAINAGE Failure of the contractor to provide the associated design or construction documents in compliance with the New York District CAD Standard, will result in the following retainages. The retainage shall be released following the approval of the New York District CAD Standard compliant deliverables. These retainages reflect the cost to the Government to revise and correct the design or construction documents to bring them into compliance with the New York District CAD Standard: Ail electronic submittals. $2,000 retainage shall be held from the contractor if electronic submittals are not in compliance with the provisions of paragraph titled DELIVERY MEDIA AND FORMAT above. Final CAD submittal. $25,000 retainage shall be held from the contractor if CAD deliverables are not in compliance with the New York District CAD Standard. Record ("As-Built") CAD submittal. $15,000 retainage shall be held from the contractor if record ("as-built") CAD deliverables are not in compliance with the New York District CAD Standard. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. -- End of Section -- SECTION 01 12 00.00 18 Page 4 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 01 31 10.00 18 PROJECT SCHEDULE: BAR CHART ~ EDITION 08/05 PART 1 GENERAL 1.1 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. The following shall be submitted in accordance with Section 01 33 00.00 18 SUBMITTAL PROCEDURES: SD-12 Schedules Initial Project Schedules; G, RO Revised Project Schedule; G, RO Periodic Schedule Update; G, RO Progress Curve Report Format; G, RO Narrative report with schedule updates-Format; G, RO PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.1 GENERAL Pursuant to the Contract Clause, SCHEDULES FOR CONSTRUCTION CONTRACTS, and Special Contract Requirements SCHEDULING AND DETERMINATION OF PROGRESS the Contractor shall prepare and submit for approval a practicable project schedule. The schedule will be submitted within fifteen (15) calender days after receipt of Notice to Proceed or as otherwise determined by the Contracting Officer. 3.1.1 BASIS FOR PAYMENT The approved Project Schedule shall be used to measure the progress of the work, to aid in evaluating time extensions, and to provide the basis of all progress payments. 3.1.2 PROJECT SCHEDULE The Project Schedule shall be in the form of a chart consisting of a series of bars graphically indicating the sequence proposed to accomplish each work feature or operation. Each bar will represent a work features, system or series of activities within the construction project. The chart shall be prepared to show the starting and completion dates of all work features on a linear horizontal time scale beginning with date of Notice to Proceed and indicating calendar days to completion. Interdependence of status of activities shall be shown. Horizontal time scale shall allow identifica- tion of the first work day of each week, which shall be identified. Space SECTION 01 31 10.00 18 Page 1 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT between bars shall be allowed for future revisions and notations. Initial Project Schedule shall be submitted for approval within fifteen (15) calendar days after Notice to Proceed. The schedule shall provide a reasonable sequence of activities which represent work through the entire project and shall be at a reasonable level of detail. The initial schedule shall be reviewed by the Government to determine compliance with contract requirements and realistic completion of the project in the period indicated. A revised project schedule shall be submitted based on Government review, if required. 3.1.2.1 PROGRESS CURVE With the Project Schedule the Contractor shall also submit for approval a progress curve which reflects the intended schedule for completing the work. The progress curve (S-Curve) will be plotted to reflect Cumulative Progress (Percent) based on placement along the y-axis and Time along the x-axis. 3.1.2.2 SCHEDULE AND PROGRESS CURVE UPDATE Approved Schedule and Progress Curve will be updated monthly during the entire duration of construction. Not later than four days after the Monthly Progress Meeting the Contractor shall submit updated Project Schedule and Progress Curve. The updated versions shall include all approved contract revisions, progress of each activity to date of submission, and adjustments. Contractor shall also provide a very brief narrative report as required to indicate any problem areas, anticipated delays, impact on schedule, and corrective action. 3.1.2.3 PERIODIC PROGRESS MEETINGS Progress meetings to discuss pavement shall include on-site meetings or other regular intervals mutually agreed to at the preconstruction conference. During this meeting the Contractor will describe, on an activity by activity basis, all proposed revisions and adjustments to the project schedule required to reflect the current status of the project. The Contracting Officer will approve activity progress, proposed revisions, and adjustments as appropriate. See paragraph 34. COORDINATION CONFERENCES in Section 00 80 00.00 18 SPECIAL CONTRACT REQUIREMENTS for further details. -- End of Section -- SECTION 01 31 10.00 18 Page 2 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 01 33 00.00 18 SUBMITTAL PROCEDURES (CENAi~-CO-CQ 09/05) PART 1 GENERAL 1.1 SUMMARY This section covers procedures to be used in making submittals called for in the contract documents. In contracts which contain specific "Contractor Quality Control" requirements, the Contractor's Quality Control Representative shall carry out duties associated with submittal procedures. In contract which do not contain specific CQC requirements, reference to "CQC Representative" shall be interpreted as reference to the Contractor's authorized representative, and references to "CQC Requirements" or "CQC Clauses" shall be interpreted as "requirements or clauses elsewhere in the contract." 1.2 SUBMITTAL IDENTIFICATION Submittals required are identified by SD numbers and titles as follows: SD-01 Preconstruction Submittals A document, required of the Contractor, or through the Contractor, from a supplier, installer, manufacturer, or other lower tier Contractor, the purpose of which is to confirm the quality or orderly progression of a portion of the work by documenting procedures, acceptability of methods or personnel, qualifications, or other verifications of quality. SD-02 Shop Drawings Submittals which graphically show relationship of various components of the work, schematic diagrams of systems, details of fabrication, layouts of particular elements, connections, and other relational aspects of the work. SD-03 Product Data Preprinted manufacturer material describing a product, system, or material, such as catalog cuts. SD-04 Samples Samples, including both fabricated and un-fabricated physical examples of materials, products, and units of work as complete units or as portions of units of work. SD-05 Design Data Submittals, which provide calculations, descriptions, or documentation regarding the work. SD-06 Test Reports Reports of inspections or tests, including analysis and interpretation of test results. SECTION 01 33 00.00 18 Page 1 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SD-07 Certificates Statement signed by an official authorized to certify on behalf of the manufacturer of a product, system or material, attesting that the product, system or material meets specified requirements. The statement must be dated after the award of the contract, must state the Contractor's name and address, must name the project and location, and must list the specific requirements, which are being certified. SD-08 Manufacturer's Instructions Preprinted material describing installation of a product, system or material; including special notices and material safety data sheets, any, concerning impedances, hazards, and safety precautions. if SD-09 Manufacturer's Field Reports Daily reports from specially suppliers to the contractor that provide information, data, tests result for a product. SD-10 Operation and Maintenance Data Data, which forms a part of an operation and maintenance manual. SD-ii Closeout Submittals Ail data, documentations, information, and drawings to achieve contract closeout. SD-12 Schedules All data, documentations, information, and drawings to achieve contract closeout. SD-13 Records Documentation to record compliance with technical or administrative requirements. 1.3 SUBMITTAL CLASSIFICATION Submittals are classified as follows: 1.3.1 Government Approved/Acceptance (G) Government approval is required for all specification submittal items found in specifications having structural steel connections, extensions of design, Fire Protection/Life Safety, and Commissioning of HVAC, and other items as designated by the Contracting Officer. Government approval/acceptance (G) is also required for all submittals designated as such in the technical specifications. Within the terms of the Contract Clause entitled "Specifications and Drawings for Construction," they are considered to be "shop drawings." The Government will review all submittals designated as deviating from the Solicitation or Accepted Proposal, as described below. SECTION 01 33 00.00 18 Page 2 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 1.3.2 Information Only (FIO) Ail Contractor submittals not requiring Government approval/acceptance will be for information only. FIO submittals are identified in the approved submittal register. They are not considered to be "shop drawings" within the terms of the Contract Clause referred to above. FIO Submittals will be retained at the project site and reviewed prior to Preparatory Meetings in accordance with Section 01 45 04.00 18, CONTR~CTOR QUALITY CONTROL. 1.3.3 Government Approval/Acceptance (G) Ail submittals classified for Government Approval/Acceptance (G) are identified in the approved submittal register. A code following the designation indicates the approving authority; codes of "RO" for Resident Office approval, "DO" for Engineering approval, and "ROPE" for Resident Office and Project Biologist approval. 1.4 APPROVED/ACCEPTANCE SUBMITTALS The Contracting Officer's approval of submittals shall not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing and other information are satisfactory. Approval will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the CQC requirements of this contract is responsible for dimensions, the design of adequate connections and details, and the satisfactory construction of all work. After submittals have been approved by the Contracting Officer, no resubmittal for the purpose of substituting materials or equipment will be considered unless accompanied by an explanation of why a substitution is necessary. 1.5 DISAPPROVED SUBMITTALS The Contractor shall make all corrections required by the Contracting Officer and promptly furnish a corrected submittal in the form and number of copies specified for the initial submittal. If the Contractor considers any correction indicated on the submittals to constitute a change to the contract, a notice in accordance with the Contract Clause "Changes" shall be given promptly to the Contracting Officer. 1.6 WITHHOLDING OF PAYMENT Payment for materials incorporated in the work will not be made if required approvals have not been obtained. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.1 GENERAL The Contractor shall make submittals as required by the specifications. The Contracting Officer may request submittals in addition to those specified when deemed necessary to adequately describe the work covered in the respective sections. Units of weights and measures used on all submittals shall be the same as those used in the contract drawings. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Prior to submittal, all items shall be checked and approved by the Contractor,s Quality Control (CQC) representative and each item shall be stamped, SECTION 01 33 00.00 18 Page 3 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT signed, and dated by the CQC representative indicating action taken. Proposed deviations from the contract requirements shall be clearly identified. Submittals shall include items such as: Contractor's, manufacturer's, or fabricator's drawings; descriptive literature including (but not limited to) catalog cuts, diagrams, operating charts or curves; test reports; test cylinders; samples; O&M manuals (including parts list); certifications; warranties; and other such required submittals. Submittals requiring Government approval shall be scheduled and made prior to the acquisition of the material or equipment covered thereby. Samples remaining upon completion of the work shall be picked up and disposed of in accordance with manufacturer's Material Safety Data Sheets (MSDS) and in compliance with existing laws and regulations. 3.2 SUBMITTAL REGISTER At the end of this section is one set of listing items of equipment and materials for which submittals are required by the specifications; this list is not all inclusive and numerous additional submittals will be required, particularly in Divisions 15 and 16. Some columns have already been completed by the Government. All blank columns shall be completed by the Contractor. For projects utilizing the QCS System (see Section 01 45 02.00 18) the Contractor will input the entire submittal register into QCS. The Government may supply the submittal register on the QCS electronic format. In either case, the contractor will be required to process and update the submittal register in QCS, and make appropriate electronic submissions to the Government. For projects which do not utilize the (Contractor's) QCS System, the Contractor shall complete all columns which apply to the Contractor, and submit the forms (hard copy plus associated electronic file). In any case, the initial submittal register must be updated by the Contractor and submitted to Government for approval within 30 calendar days after Notice to Proceed (15 days if construction time is 180 days or less). In addition, the Contractor shall update the submittal register electronically, and shall submit it to the Government together with the monthly payment request. The approved submittal register will be used to control submittals throughout the life of the contract. The submittal register and the progress schedules shall be coordinated. NOTE: The Contractor is required to add additional entries to the Submittal Register for all items requiring multiple submittals, including Formwork Shop Drawings per Lift, Concrete Reinforcement per Lift, Concrete Lift Drawings per Lift, Multiple Shop Assembly Drawings, etc. These entries should be made prior to original submission of the submittal register within 30 days of Notice to Proceed. 3.3 SCHEDULING Submittals covering component items forming a system or items that are interrelated shall be scheduled to be coordinated and submitted concurrently. Certifications to be submitted with the pertinent drawings shall be so scheduled. Adequate time (a minimum of 30 calendar days exclusive of mailing time) shall be allowed and shown on the register for review and approval. No delay damages or time extensions will be allowed for time lost in late submittals. An additional 10 calendar days shall be allowed and shown on the register for review and approval of submittals for food service equipment, refrigeration and HVAC control systems, computer SECTION 01 33 00.00 18 Page 4 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT software for specialty systems, electrical substations, and studies including electrical system coordination studies. 3.4 TRANSMITTAL FORM (ENO FORM 4025) The sample transmittal form (ENG Form 4025) attached to this section shall be used for submitting both Government approved and information only submittals in accordance with the instructions on the reverse side of the form. These forms will be furnished to the Contractor. This form shall be properly completed by filling out all the heading blank spaces and identifying each item submitted. Special care shall be exercised to ensure proper listing of the specification paragraph and/or sheet number of the contract drawings pertinent to the data submitted for each item. If the contractor is required in another section of the specifications to utilize the Quality Control System (QCS), the contractor will be required to generate and process this form electronically using the QCS system. 3.5 SUBMITTAL PROCEDURE Submittals shall be made as follows: 3.5.1 Procedures At the Quality Control Coordination meeting, or preconstruction conference, the Contractor shall ascertain the name and address of each individual, agency, or firm who is designated to normally receive items for approval, for information or samples. The contractor shall complete ENO Form 4025, entering each item requiring a separate approval action as a separate item on the form, for each transmittal. A transmittal may consist of one or more 4025 sheets. The transmittal, consisting of ENG Form 4025 plus all applicable submittals, is then sent to the appropriate individual. On critical items the Contractor is encouraged to confirm receipt via telephone. The Contractor shall submit a minimum of four copies of submittals for items requiring approval and one for items for information. 3.5.2 Deviations For submittals which include proposed deviations requested by the Contractor, the column "variation,, of ENO Form 4025 shall be checked. The Contractor shall set forth in writing the reason for any deviations and annotate such deviations on the submittal. The Government reserves the right to rescind inadvertent approval of submittals containing unnoted deviations. 3.6 CONTROL OF SUBMITTALS The Contractor shall carefully control its procurement operations to ensure that each individual submittal is made on or before the Contractor scheduled submittal date shown on the approved "Submittal Register." 3.7 GOVERNMENT APPROVED SUBMITTALS Upon completion of review of submittals requiring Government approval, the submittals will be identified as having received approval by being so stamped and dated. Two copies of the submittal will be retained by the Contracting Officer and two copies of the submittal will be returned to the Contractor. SECTION 01 33 00.00 18 Page 5 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 3.8 INFORMATION ONLY SUBMITTALS Normally submittals for information only will not be returned. Approval of the Contracting Officer is not required on information only submittals. The Government reserves the right to require the Contractor to resubmit any item found not to comply with the contract. This does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications; will not prevent the Contracting Officer from requiring removal and replacement of nonconforming material incorporated in the work; and does not relieve the Contractor of the requirement to furnish samples for testing by the Government laboratory or for check testing by the Government in those instances where the technical specifications so prescribe. 3.9 ST~4PS Stamps used by the Contractor on the submittal data to certify that the submittal meets contract requirements shall be similar to the following: SECTION 01 33 00.00 18 Page 6 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT CONTRACTOR (Firm Name) __ Approved __Approved with corrections as noted on submittal data and/or attached sheets(s). SIGNATURE: TITLE: DATE: -- End of Section -- SECTION 01 33 00.00 18 Page 7 INSTRUCTIONS I CONTRACT NO. SUBMITTAL REGISTER TITLE AND LOCATION CONTRACTOR Emergency Shoreline Protection, Orient Harbor, Southhold, NY CONTRACTOR: CONTRACTOR APPROVING AUTHORITY SCHEDULE DATES ACTION G 0 V T C T R L A A O A N S R A A C S S C C · M S P I A T T V T E R I E O DATE FWD O MAILED I T C A C N TO APPR N TO T A G # A R AUTH/ CONTR/ Y L S R T E C C E DESCRIPTION A I V kPPROVAL MATERIAL O DATE DATE RCD DATE FW~ )ATE RCD O DATE DATE RCD N N C P O W NEEDED NEEDED D OF FROM TOOTHER :ROMOTH D OF FRMAPPR · O O T ITEMSUBMI'CrED H N R SUBMIT BY BY E ACTION CONTR REVIEWEF ~EVIEVVER E ACTION AUTH REMARKS (a) (b) (c) (d) (e) (0 (g) (h) ii) (j) (k) (I} (m) (n) (o) (p) (q) 01 31 10.00 1~ initial Project Schedules G RO Revised Project Schedule G RO Periodic Schedule Update G RO Progress Curve Repot[ Format G RO Narrative report with schedule G RO updates-Format 31 35 26 SD-01 Preconstruction Submittals Accident Prevention Plan (APP) 1.6 G RO Activity Hazard Analysis (AHA) 1.7 G RO Crane Critical Lift Plan 1.6.1 3 RO Crane Operators 1.5.1.2 $RO SD-06 Test Reports Reports 1.11 Accident Reports 1.11.1 Monthly Exposure Reports Crane Reports 1.11.3 Gas Protection SD-07 Certificates Confined Space Entry Permit 1.8 Hot work permit 1.8 01 45 04.00 18 SD-01 Preconstruction Submittals Contractor Quality Plan (CQC) G RO 01 57 20.00 10 SD-01 Preconstruction Submittals Environmental Protection Plan 1.7 G RO )3 30 53 SD-03 Product Data Air-Entraining Admixture 2.1.3.1 SUBMITTAL FORM,Jan 96 PREVIOUS EDITION iS OBSOLETE PAGE I OF 4 PAGES SUBMITTAL REGISTER I CONTRACT NO. TITLE AND LOCATION CONTRACTOR Emergency Shoreline Protection, Orient Harbor, Southhold, NY CONTRACTOR: CONTRACTOR APPROVING AUTHORITY SCHEDULE DATES ACTION G O V T C T R L A A 0 A N S R A A C S S C C T M S P I A T T V T E R I E O 3ATE FW~ 0 MAILED I T C A C N TO APPR N TO T A G # A R AUTH/ CONTRJ Y L S R T E C C E DESCRIPTION A I V APPROVAL ~IATERIAL O DATE DATE RCD DATE FWD DATE RCD O DATE DATE RCD N N C P O W NEEDED NEEDED D OF FROM TO OTHER FROM OTI- D OF FRMAPPR 0 O T ITEM SUBMITFED H N R SUBMIT BY BY E ACTION CONTR REVIEWER REVIEWEr E ACTION AUTH REMARKS (a) I(b) (c) (d) (e) (t) (g) (h) (i) (j) (k) (I) (m) (n) (o) (p) (q) (r) 03 30 53 Accelerating Admixture 2.1.3.2 Water-Reducing or Retarding 2.1.3.3 Admixture Curing Materials 2.1.11 Reinforcing Steel 2.1.5 Expansion Joint Filler Strips, 2.1.6 Premolded Joint Sealants - Field Molded 2.1.7 Sealants Waterstops Batching and Mixing Equipment 3.1.3.3 Conveying and Placing Concrete 3.2 Formwork 2.1.8 Forms 2.4 Installation Drawings 1.6 Concrete Placement 1.6 Ready-Mix Concrete 2.2 Mix Desiqn Data 2.2 Air-Entraining Admixtures 2.2 Fly Ash 2.2 Steel Reinforcement 2.3 Accessories 2.5 Curing Compound 2.5.1 Measurement of Floor Tolerances Concrete 3.11 SUBMITTAL FORM,Jan 96 PREVIOUS EDITION IS OBSOLETE PAGE 2 OF 4 PAGES SUBMITTAL REGISTER TITLE AND LOCATION CONTRACTOR Emergency Shoreline Protection, Orient Harbor, Southhold, NY CONTRACTOR: ;ONTRACTOR APPROVING AUTHORITY SCHEDULE DATES ACTION G O V T C T R L A A O A N S R A A C S S C C T M S P I A · T V T E R I E O DATE FWD O MAILED I T C A C N TO APPR N TO T A G # A R AUTH/ CONTPJ Y L S R T E C C E DESCRIPTION A I V ~,PPROVAL MATERIAL O DATE DATE RCD )ATE FWC :)ATE RCD O DATE DATE RCD N N C P O W NEEDED NEEDED D OF FROM rD OTHER :ROM OTH D OF FRM APPR O O T ITEM SUBMITTED H N R SUBMI· BY BY E ACTION CONTR [EVIEWEF ~EVIEWER E ACTION AUTH REMARKS (a) (b) (c) (d) (e) (f) (g) (h) (i) {j) (k) (I) (m) (n) (o) (p) (q) ,3 30 53 SD-06 Test Reports A,q,qref:lates 2,1.2 Concrete Mixture Proportions 1.4.3 Compressive Stren,qth Testin.q 3.11 Slump 3.11 SD-07 Certificates Cementitious Materials 2.1.1 CPG for recycled materials or 1.6.1 appropriate Waiver Form Aqqre,qates 2.1.2 Bill of Ladin,q 2.2 31 05 22 SD-04 Samples Geotextile 2.1.1 SD-07 Certificates Geotextile 2.1.1 31 23 15 SD-01 Preconstruction Submittals Qualifications G RO SD-03 Product Data Atter-Beachflll Placement G RO Surveys SD-06 Test Reports Surveying Procedures and G RO Equipment 35 31 19 SD-01 Preconstruction Submittals Location of sta,qinR area G RO Loadinq/offioading plan G RO SUBMITTAL FORM,Jan 96 PREVIOUS EDITION IS OBSOLETE PAGE 3 OF 4 PAGES SUBMITTAL REGISTER I CONTRACT TITLE AND LOCATION CONTRACTOR Emergency Shoreline Protection, Orient Harbor, Southhold, NY CONTRACTOR: CONTRACTOR APPROVING AUTHORITY SCHEDULE DATES ACTION G O T C T R L A A O A N S R A A C S S C C T M S P I A T T V T E R I E 0 DATE FWI~ 0 MAILED I T C A C N TO APPR N TO T A G # A R AUTH/ CONTR/ Y L S R T E C C E DESCRIPTION A I V ~,PPROVAL MATERIAl 0 DATE DATE RCO ]ATE FWD DATE RCD O DATE DATE RCD N N C P O W NEEDED NEEDED D OF FROM fO OTHER --ROM OTH D OF FRM APPR 0 O T ITEM SUBMITTED H N R SUBMIT BY aY E ACTION CONTR ~EVIEWER ~EVIEWER E ACTION AUTH REMARKS (a) (b) (c) (d) (e) {f) (g) (h) (i) (j) (k) (I) (m) (n) (o) (p) (q) (r) 35 31 19 Notification to Coast Guard 'SD-04 Samples Quarry G RO SD-06 Test Reports Stone Quality Test Results 3 RO SD-07 Certificates Scale Accuracy Certification Material Weight Receipts Bar~le Tonna,qe Displacement Table SD-10 Operation and Maintenance Data Surveys: Durinq construction, G RO post-construction SD-11 Closeout Submittals Quality Control Records SUBMITTAL FORM,Jan 96 PREVIOUS EDITION iS OBSOLETE PAGE 4 OF 4 PAGES Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS 02/10 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. AMERICAN SOCIETY OF SAFETY ENGINEERS (ASSE/SAFE) ASSE/SAFE A10.32 (2004) Fall Protection ASSE/SAFE A10.34 (2001; R 2005) Protection of the Public on or Adjacent to Construction Sites ASSE/SAFE Z359.1 (2007) Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components ASME INTERNATIONAL (ASME) ASME B30.22 (2005) Articulating Boom Cranes ASME B30.3 (2004) Construction Tower Cranes ASME B30.5 (2007) Mobile and Locomotive Cranes ASME B30.8 (2004) Floating Cranes and Floating Derricks NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) NASA NPG 8715.3 (2004) NASA Safety Manual NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) NFPA 10 (2010) Standard for Portable Fire Extinguishers NFPA 241 (2009) Standard for Safeguarding Construction, Alteration, and Demolition Operations U.S. ARMY CORPS OF ENGINEERS (USACE) EM 385-1-1 (2008) Safety and Health Requirements Manual U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) 29 CFR 1926 Safety and Health Regulations for Construction SECTION 01 35 26 Page 1 Emergency Shoreline Protection, Orient Harbor, Southhold, NY 29 CFR 1926.500 Fall Protection 1.2 SUBMITTALS 1.3 ORIENT 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 00.00 18 SUBMITTAL PROCEDURES: Government acceptance is required for submittals with a "G, RO" designation. SD-01 Preconstruction Submittals Accident Prevention Plan (APP); G, RO Activity Hazard Analysis (AHA); G, RO Crane Critical Lift Plan; G, RO Proof of qualification for Crane Operators; G, RO SD-06 Test Reports Reports Submit reports as their incidence occurs, in accordance with the requirements of the paragraph entitled, "Reports." Accident Reports Monthly Exposure Reports Crane Reports Gas Protection SD-07 Certificates Confined Space Entry Permit Hot work permit DEFINITIONS a. High Visibility Accident. Any mishap which may generate publicity and/or high visibility. b. Medical Treatment. Treatment administered by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first aid treatment even through provided by a physician or registered personnel. c. Recordable Injuries or Illnesses. Any work-related injury or illness that results in: (1) Death, regardless of the time between the injury and death, or the length of the illness; SECTION 01 35 26 Page 2 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT (2) Days away from work (any time lost after day of injury/illness onset); (3) Restricted work; (4) Transfer to another job; (5) Medical treatment beyond first aid; (6) Loss of consciousness; or (7) A significant injury or illness diagnosed by a physician or other licensed health care professional, even if it did not result in (1) through (6) above. d. "USACE" property and equipment specified in USACE EM 385-1-1 should be interpreted as Government property and equipment. e. Weight Handling Equipment (WHE) Accident. A WHE accident occurs when any one or more of the six elements in the operating envelope fails to perform correctly during operation, including operation during maintenance or testing resulting in pers6nnel injury or death; material or equipment damage; dropped load; derailment; two-blocking; overload; and/or collision, including unplanned contact between the load, crane, and/or other objects. A dropped load, derailment, two-blocking, overload and collision are considered accidents even though no material damage or injury occurs. A component failure (e.g., motor burnout, gear tooth failure, bearing failure) is not considered an accident solely due to material or equipment damage unless the component failure results in damage to other components (e.g., dropped boom, dropped load, roll over, etc.) Any mishap meeting the criteria described above shall be documented in both the Contractor Significant Incident Report (CSIR) and using the NAVFAC prescribed Navy Crane Center (NCC) form submitted within five days both as provided by the Contracting Officer. 1.4 REGULATORY REQUIREMENTS In addition to the detailed requirements included in the provisions of this contract, comply with USACE EM 385-1-1, and the appropriate federal, state, and local laws, ordinances, criteria, rules and regulations. Submit matters of interpretation of standards to the appropriate administrative agency for resolution before starting work. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern. 1.5 SITE QUALIFICATIONS, DUTIES AND MEETINGS 1.5.1 Personnel Qualifications 1.5.1.1 Site Safety and Health Officer (SSHO) The contractor shall provide a Safety oversight team that includes a minimum of one (1) Competent Person at project site to function as the Safety and Health Officer (SSHO). The SSHO shall be at the work site at all times, unless specified differently in the contract, to perform safety and occupational health management, surveillance, inspections, and safety enforcement for the Contractor, and their training, experience, and qualifications shall be as required by EM 385-1-1 paragraph 01.A.17 and all associated sub-paragraphs. A Competent Personal shall be provided for all SECTION 01 35 26 Page 3 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT of the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan, and shall be on-site at all times when the work that presents the hazards associated with their professional expertise is being performed. The credentials of the Competent Persons(s) shall be approved by the Contracting Officer in consultation with the Safety Office. The Contractor Quality Control (QC) person can be the SSHO on this project Level 3: A minimum of 5 years safety work on similar projects. 30-hour OSHA construction safety class or equivalent within the last 5 years. An average of at least 24 hours of formal safety training each year for the past 5 years. Competent person training as needed. 1.5.1.2 Crane Operators Meet the crane operators requirements in USACE EM 385-1-1, Section 16. In addition, for mobile cranes with Original Equipment Manufacturer (OEM) rated capacitates of 50,000 pounds or greater, designate crane operators as qualified by a source that qualifies crane operators (i.e., union, a government agency, or and organization that tests and qualifies crane operators). Provide proof of current qualification. 1.5.2 Personnel Duties 1.5.2.1 Site Safety and Health Officer (SSHO) a. Conduct daily safety and health inspections and maintain a written log which includes area/operation inspected, date of inspection, identified hazards, recommended corrective actions, estimated and actual dates of corrections. Attach safety inspection logs to the Contractors' daily quality control report. b. Conduct mishap investigations and complete required reports. Maintain the OSHA Form 300 and Daily Production reports for prime and sub-contractors. c. Maintain applicable safety reference material on the job site. d. Attend the pre-construction conference, pre-work meetings including preparatory inspection meeting, and periodic in-progress meetings. e. Implement and enforce accepted APPS and AHAs. f. Maintain a safety and health deficiency tracking system that monitors outstanding deficiencies until resolution. Post a list of unresolved safety and health deficiencies on the safety bulletin board. g. Ensure sub-contractor compliance with safety and health requirements. Failure to perform the above duties will result in dismissal of the superintendent and/or SSHO, and a project work stoppage. The project work stoppage will remain in effect pending approval of a suitable replacement. SECTION 01 35 26 Page 4 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 1.5.3 Meetings 1.5.3.1 Preconstruction Conference a. Contractor representatives who have a responsibility or significant role in accident prevention on the project shall attend the pre- construction conference. This includes the project superintendent, site safety and health officer, quality control supervisor, or any other assigned safety and health professionals who participated in the development of the APP (including the Activity Hazard Analyses (AHAs) and special plans, program and procedures associated with it). b. Discuss the details of the submitted APP to include incorporated plans, programs, procedures and a listing of anticipated AHAs that will be developed and implemented during the performance of the contract. This list of proposed AHAs will be reviewed at the conference and an agreement will be reached between the Contractor and the Contracting Officer's representative as to which phases will require an analysis. In addition, establish a schedule for the preparation, submittal, review, and acceptance of AHAs to preclude project delays. c. Deficiencies in the submitted APP will be brought to the attention of the Contractor at the preconstruction conference, and the Contractor shall revise the plan to correct deficiencies and re-submit it for acceptance. Do not begin work until there is an accepted APP. d. The functions of a Preconstruction conference may take place at the Post-Award Kickoff meeting for Design Build Contracts. 1.6 ACCIDENT PREVENTION PLAN (APP) Use a qualified person to prepare the written site-specific APP. Prepare the APP in accordance with the format and requirements of USACE EM 385-1-1 and as supplemented herein. Cover all paragraph and subparagraph elements in USACE EM 385-1-1, Appendix A, "Minimum Basic Outline for Accident Prevention Plans" and show compliance with NASA NPG 8715.3. Specific requirements for some of the APP elements are described below. The APP shall be job-specific and address any unusual or unique aspects of the project or activity for which it is written. The APP shall interface with the Contractor's overall safety and health program. Include any portions of the Contractor's overall safety and health program referenced in the APP in the applicable APP element and made site-specific. The Government considers the Prime Contractor to be the ,,controlling authority" for all work site safety and health of the subcontractors. Contractors are responsible for informing their subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out. The APP shall be signed by the person and firm (senior person) preparing the APP, the Contractor, the on-site superintendent, the designated site safety and health officer and any designated CSP and/or CIH. Submit the APP to the Contracting Officer 15 calendar days prior to the date of the preconstruction conference for acceptance. Work cannot proceed without an accepted APP. Once accepted by the Contracting Officer, the APP and attachments will be SECTION 01 35 26 Page 5 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT enforced as part of the contract. Disregarding the provisions of this contract or the accepted APP will be cause for stopping of work, at the discretion of the Contracting Officer, until the matter has been rectified. Once work begins, changes to the accepted APP shall be made with the knowledge and concurrence of the Contracting Officer, project superintendent, SSHO and quality control manager. Should any hazard become evident, stop work in the area, secure the area, and develop a plan to remove the hazard. Notify the Contracting Officer within 24 hours of discovery. Eliminate/remove the hazard. In the interim, take all necessary action to restore and maintain safe working conditions in order to safeguard onsite personnel, visitors, the public (as defined by ASSE/SAFE A10.34,) and the environment. Copies of the accepted plan will be maintained at the Contracting Officer's office and at the job site. Continuously reviewed and amended the APP, as necessary, throughout the life of the contract. Incorporate unusual or high-hazard activities not identified in the original APP as they are discovered. 1.6.1 EM 385-1-1 Contents In addition to the requirements outlines in Appendix A of USACE EM 385-1-1, the following is required: a. Names and qualifications (resumes including education, training, experience and certifications) of all site safety and health personnel designated to perform work on this project to include the designated site safety and health officer and other competent and qualified personnel to be used such as CSPs, CIHs, STSs, CHSTs. Specify the duties of each position. b. Qualifications of competent and of qualified persons. As a minimum, designate and submit qualifications of competent persons for each of the following major areas: excavation; scaffolding; fall protection; hazardous energy; confined space; health hazard recognition, evaluation and control of chemical, physical and biological agents; personal protective equipment and clothing to include selection, use and maintenance. c. Crane Critical Lift Plan. Prepare and sign weight handling critical lift plans for lifts over 75 percent of the capacity of the crane or hoist (or lifts over 50 percent of the capacity of a barge mounted mobile crane's hoists) at any radius of lift; lifts involving more than one crane or hoist; lifts of personnel; and lifts involving non-routine rigging or operation, sensitive equipment, or unusual safety risks. Submit 15 calendar days prior to on-site work and include the requirements of USACE EM 385-1-1, paragraph 16.H.02 and the following: (1) For lifts of personnel, demonstrate compliance with the requirements of 29 CFR t926.550(g). (2) For barge mounted mobile cranes, barge stability calculations identifying barge list and trim based on anticipated loading; and load charts based on calculated list and trim. The amount of list and trim shall be within the crane manufacturer's requirements. d. Excavation Plan. The safety and health aspects prepared in SECTION 01 35 26 Page 6 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT accordance with Section 31 00 00 EARTHWORK. 1.7 ACTIVITY HAZARD ANALYSIS (ANA) The Activity Hazard Analysis (ANA) format shall be in accordance with USACE EM 385-1-1. Submit the AHA for review at least 5 calendar days prior to the start of each phase. Format subsequent AHAs as amendments to the APP. The analysis should be used during daily inspections to ensure the implementation and effectiveness of the activity's safety and health controls. The AHA list will be reviewed periodically (at least monthly) at the Contractor supervisory safety meeting and updated as necessary when procedures, scheduling, or hazards change. Develop the activity hazard analyses using the project schedule as the basis for the activities performed. Any activities listed on the project schedule will require an AHA. The A~As will be developed by the contractor, supplier or subcontractor and provided to the prime contractor for submittal to the Contracting Officer. 1.8 DISPLAY OF SAFETY INFORMATION Within 5 calendar days after commencement of work, erect a safety bulletin board at the job site. Include and maintain information on safety bulletin board as required by EM 385-1-1, section 01.A.06. Additional items may berequired to be posted include: a. Confined space entry permit. b. Hot work permit. 1.9 SITE SAFETY REFERENCE MATERIALS Maintain safety-related references applicable to the project, including those listed in the article "References." Maintain applicable equipment manufacturer's manuals. 1.10 EMERGENCY MEDICAL TREATMENT Contractors will arrange for their own emergency medical treatment. Government has no responsibility to provide emergency medical treatment. 1.11 REPORTS 1.11.1 Accident Reports a. Conduct an accident investigation for recordable injuries and illnesses, and property damage accidents resulting in at least $2,000 in'damages, to establish the root cause(s) of the accident, complete the USACE Accident Report Form 3394 and provide the report to the Contracting Officer within 3 calendar day(s) of the accident. The Contracting Officer will provide copies of any required or special forms. b. Conduct an accident investigation for any weight handling equipment accident (including rigging gear accidents) to establish the root cause(s) of the accident, complete the WHE Accident Report (Crane and Rigging Gear) form and provide the report to the Contracting Officer within 30 calendar days of the accident. Do not proceed with crane SECTION 01 35 26 Page 7 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT operations until cause is determined and corrective actions have been implemented to the satisfaction of the contracting officer. The Contracting Officer will provide a blank copy of the accident report form. 1.11.2 Accident Notification Notify the Contracting Officer as soon as practical, but not later than 4 hours, after any accident meeting the definition of Recordable Injuries or Illnesses or High Visibility Accidents, property damage equal to or greater than $2,000, or any weight handling equipment accident. Within notification include contractor name; contract title; type of contract; name of activity, installation or location where accident occurred; date and time of accident; names of personnel injured; extent of property damage, if any; extent of injury, if known, and brief description of accident (to include type of construction equipment used, PPE used, etc.). Preserve the conditions and evidence on the accident site until the Government investigation team arrives on-site and Government investigation is conducted. 1.11.3 Crane Reports Submit crane inspection reports required in accordance with USACE EM 385-1-1, section 16.D and as specified herein with Daily Reports of Inspections. 1.11.4 Certificate of Compliance Provide a Certificate of Compliance for each crane entering an activity under this contract (see Contracting Officer for a blank certificate). State within the certificate that the crane and rigging gear meet applicable OSHA regulations (with the Contractor citing which OSHA regulations are applicable, e.g., cranes used in construction, demolition, or maintenance comply with 29 CFR 1926 and USACE EM 385-1-1 section 16. Certify on the Certificate of Compliance that the crane operator(s) is qualified and trained in the operation of the crane to be used. Also certify that all of its crane operators working on the DOD activity have been trained in the proper use of all safety devices (e.g., anti-two block devices). Post certifications on the crane. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.1 CONSTRUCTION AND/OR OTHER WORK Comply with USACE EM 385-1-1, NFPA 241, the APP, the D2qA, Federal and/or State OSHA regulations, and other related submittals and activity fire and safety regulations. The most stringent standard prevails. 3.1.1 Hazardous Material Exclusions Notwithstanding any other hazardous material used in this contract, radioactive materials or instruments capable of producing ionizing/non- ionizing radiation (with the exception of radioactive material and devices used in accordance with USACE EM 385-1-1 such as nuclear density meters for compaction testing and laboratory equipment with radioactive sources) as well as materials which contain asbestos, mercury or polychlorinated SECTION 01 35 26 Page 8 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT biphenyls, di-isocynates, lead-based paint are prohibited. The Contracting Officer, upon written request by the Contractor, may consider exceptions to the use of any of the above excluded materials. 3.1.2 Unforeseen Hazardous Material The design should have identified materials such as PCB, lead paint, and friable and non-friable asbestos. If [additional] material, not indicated, that may be hazardous to human health upon disturbance during construction operations is encountered, stop that portion of work and notify the Contracting Officer immediately. Within 14 calendar days the Government will determine if the material is hazardous. If material is not hazardous or poses no danger, the Government will direct the Contractor to proceed without change. If material is hazardous and handling of the material is necessary to accomplish the work, the Government will issue a modification pursuant to "FAR 52.243-4, Changes" and "FAR 52.236-2, Differing Site Conditions." 3.2 FALL HAZARD PROTECTION AND PREVENTION PROGRAM Establish a fall protection and prevention program, for the protection of all employees exposed to fall hazards. Within the program include company policy, identify responsibilities, education and training requirements, fall hazard identification, prevention and control measures, inspection, storage, care and maintenance of fall protection equipment and rescue and evacuation procedures. 3.2.1 Training Institute a fall protection training program. As part of the Fall Hazard Protection and Prevention Program, provide training for each employee who might be exposed to fall hazards. Provide training by a competent person for fall protection in accordance with USACE EM 385-1-1, section 21.B. 3.2.2 Fall Protection Equipment and Systems Enforce use of the fall protection equipment and systems designated for each specific work activity in the Fall Protection and Prevention Plan and/or AHA at all times when an employee is exposed to a fall hazard. Protect employees from fall hazards as specified in EM 385-1-1, section 21. In addition to the required fall protection systems, safety skiff, personal floatation devices, life rings etc., are required when working above or next to water in accordance with USACE EM 385-1-1, paragraphs 05.K. and 05.J. Personal fall arrest systems are required when working from an articulating or extendible boom, swing stages, or suspended platform. In addition, personal fall arrest systems are required when operating other equipment such as scissor lifts if the work platform is capable of being positioned outside the wheelbase. The need for tying-off in such equipment is to prevent ejection of the employee from the equipment during raising, lowering, or travel. Fall protection must comply with 29 CFR 1926.500, Subpart 21 of USACE EM 385-1-1 and ASSE/SAFE A10.32. 3.2.2.1 Personal Fall Arrest Equipment Personal fall arrest equipment, systems, subsystems, and components shall meet ASSE/SAFE Z359.1. Only a full-body harness with a shock-absorbing lanyard or self-retracting lanyard is an acceptable personal fall arrest body support device. Body belts may only be used as a positioning device system (for uses such as steel reinforcing assembly and in addition to an SECTION 01 35 26 Page 9 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT approved fall arrest system). Harnesses shall have a fall arrest attachment affixed to the body support (usually a Dorsal D-ring) and specifically designated for attachment to the rest of the system. Only locking snap hooks and carabiners shall be used. Webbing, straps, and ropes shall be made of synthetic fiber. The maximum free fall distance when using fall arrest equipment shall not exceed 6 feet. The total fall distance and any swinging of the worker (pendulum-like motion) that can occur during a fall shall always be taken into consideration when attaching a person to a fall arrest system. 3.2.3 Existing Anchorage Certified (or re-certified) by a qualified person for fall protection existing anchorages, to be used for attachment of personal fall arrest equipment in accordance with ASSE/SAFE Z359.1. Exiting horizontal lifeline anchorages must be certified (or re-certified) by a registered professional engineer with experience in designing horizontal lifeline systems. 3.2.4 Horizontal Lifelines Design, install, certify and use under the supervision of a qualified person horizontal lifelines for fall protection as part of a complete fall arrest system which maintains a safety factor of 2 (29 CFR 1926.500). 3.2.5 Guardrails and Safety Nets Design, install and use guardrails and safety nets in accordance with EM 385-1-1 and 29 CFR 1926 Subpart M. 3.2.6 Rescue and Evacuation Procedures When personal fall arrest systems are used, the contractor must ensure that the mishap victim can self-rescue or can be rescued promptly should a fall occur. Prepare a Rescue and Evacuation Plan and include a detailed discussion of the following: methods of rescue; methods of self-rescue; equipment used; training requirement; specialized training for the rescuers; procedures for requesting rescue and medical assistance; and transportation routes to a medical facility. Include the Rescue and Evacuation Plan within the Activity Hazard Analysis (AHA) for the phase of work, in the Fall Protection and Prevention (FP&P) Plan, and the Accident Prevention Plan (APP). 3.3 SCAFFOLDING Provide employees with a safe means of access to the work area on the scaffold. Cli~ing of any scaffold braces or supports not specifically designed for access is prohibited. Access the scaffold platforms greater than 6 m (20 feet) maximum in height by use of a scaffold stair system. Do not use vertical ladders commonly provided by scaffold system manufacturers for accessing scaffold platforms greater than 6 m (20 feet) maximum in height. The use of an adequate gate is required. Ensure that employees are qualified to perform scaffold erection and dismantling. Do not use scaffold without the capability of supporting at least four times the maximum intended load or without appropriate fall protection as delineated in the accepted fall protection and prevention plan. Stationary scaffolds must be attached to structural building components to safeguard against tipping forward or backward. Give special care to ensure scaffold systems are not overloaded. Side brackets used to extend scaffold platforms on self-supported scaffold systems for the storage of material are SECTION 01 35 26 Page 10 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT prohibited. The first tie-in shall be at the height equal to 4 times the width of the smallest dimension of the scaffold base. Place work platforms on mud sills. Scaffold or work platform erectors shall have fall protection during the erection and dismantling of scaffolding or work platforms that are more than six feet. Delineate fall protection requirements when working above six feet or above dangerous operations in the Fall Protection and Prevention (FP&P) Plan and Activity Hazard Analysis (AHA) for the phase of work. 3.4 EQUIPMENT 3.4.1 Material Handling Equipment a. Material handling equipment such as forklifts shall not be modified with work platform attachments for supporting employees unless specifically delineated in the manufacturer's printed operating instructions. b. The use of hooks on equipment for lifting of material must be in accordance with manufacturer's printed instructions. c. Operators of forklifts or power industrial trucks shall be licensed in accordance with OSHA. 3.4.2 Weight Handling Equipment a. Equip cranes and derricks as specified in EM 385-1-1, section 16. b. Comply with the crane manufacturer's specifications and limitations for erection and operation of cranes and hoists used in support of the work. Perform erection under the supervision of a designated person (as defined in ASME B30.5). Perform all testing in accordance with the manufacturer's recommended procedures. c. Comply with ASME B30.5 for mobile and locomotive cranes, ASME B30.22 for articulating boom cranes, ASME B30.3 for construction tower cranes, and ASME B30.8 for floating cranes and floating derricks. d. Under no circumstance shall a Contractor make a lift at or above 90% of the cranes rated capacity in any configuration. e. When operating in the vicinity of overhead transmission lines, operators and riggers shall be alert to this special hazard and follow the requirements of USACE EM 385-1-1 section 11 and ASME B30.5 or ASME B30.22 as applicable. f. Do not crane suspended personnel work platforms (baskets) unless the Contractor proves that using any other access to the work location would provide a greater hazard to the workers or is impossible. Do not lift personnel with a line hoist or friction crane. g. Inspect, maintain, and recharge portable fire extinguishers as specified in NFPA 10, Standard for Portable Fire Extinguishers. h. All employees must keep clear of loads about to be lifted and of suspended loads. i. Use cribbing when performing lifts on outriggers. SECTION 01 35 26 Page 11 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT j. The crane hook/block must be positioned directly over the load. Side loading of the crane is prohibited. k. A physical barricade must be positioned to prevent personnel from entering the counterweight swing (tail swing) area of the crane. 1. Certification records which include the date of inspection, signature of the person performing the inspection, and the serial number or other identifier of the crane that was inspected shall always be available for review by Contracting Officer personnel. m. Written reports listing the load test procedures used along with any repairs or alterations performed on the crane shall be available for review by Contracting Officer personnel. n. Certify that all crane operators have been trained in proper use of all safety devices (e.g. anti-two block devices). 3.5 EXCAVATIONS Perform soil classification by a competent person in accordance with 29 CFR 1926. 3.5.1 Utility Locations Prior to digging, the appropriate digging permit must be obtained. Ail underground utilities in the work area must be positively identified by a private utility locating service in addition to any station locating service and coordinated with the station utility department. Any markings made during the utility investigation must be maintained throughout the contract. 3.5.2 Utility Location Verification The Contractor must physically verify underground utility locations by hand digging using wood or fiberglass handled tools when any adjacent construction work is expected to come within three feet of the underground system. Digging within 2 feet of a known utility must not be performed by means of mechanical equipment; hand digging shall be used. If construction is parallel to an existing utility expose the utility by hand digging every 30.5 m (100 feet) if parallel within 1.5 m (5 feet) of the excavation. 3.5.3 Shoring Systems Trench and shoring systems must be identified in the accepted safety plan and A~A. Manufacture tabulated data and specifications or registered engineer tabulated data for shoring or benching systems shall be readily available on-site for review. Job-made shoring or shielding must have the registered professional engineer stamp, specifications, and tabulated data. Extreme care must be used when excavating near direct burial electric underground cables. 3.5.4 Trenching Machinery Operate trenching machines with digging chain drives only when the spotters/laborers are in plain view of the operator. Provide operator and spotters/laborers training on the hazards of the digging chain drives with emphasis on the distance that needs to be maintained when the digging chain is operating. Keep documentation of the training on file at the project SECTION 01 35 26 Page 12 Emergency Shoreline Protection, Orient Harbor, Southhold, NY site. -- End of Section -- ORIENT SECTION 01 35 26 Page 13 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 01 45 02.00 18 QUALITY CONTROL SYSTEM (QC$) NYD Version 03/07 (UFGS 04/06) PART 1 GENERAL 1.1 Contract Administration The Government will use the Resident Management System for Windows (RMS) to assist in its monitoring and administration of this contract. The Contractor shall use the Government-furnished Construction Contractor Module of RMS, referred to as QCS, to record, maintain, and submit various information throughout the contract period. The Contractor module, user manuals, updates, and training information can be downloaded from the RMS web site. This joint Government-Contractor use of RMS and QCS will facilitate electronic exchange of information and overall management of the contract. QCS provides the means for the Contractor to input, track, and electronically share information with the Government in the following areas: Administration Finances Quality Control Submittal Monitoring Scheduling Import/Export of Data 1.1.1 Correspondence and Electronic Communications For ease and speed of communications, both Government and Contractor will, to the maximum extent feasible, exchange correspondence and other documents in electronic format. Correspondence, pay requests and other documents comprising the official contract record shall also be provided in paper format, with signatures and dates where necessary. Paper documents will govern, in the event of discrepancy with the electronic version. 1.1.2 Other Factors Particular attention is directed to Contract Clause, "Schedules for Construction Contracts", Contract Clause, "Payments", Section 01 31 10.00 18, PROJECT SCHEDULE: BAR CHART, Section 01 33 00.00 18, SUBMITTAL PROCEDURES, and Section 01 45 04.00 18, CONTRACTOR QUALITY CONTROL, which have a direct relationship to the reporting to be accomplished through QCS. Also, there is no separate payment for establishing and maintaining the QCS database; all costs associated therewith shall be included in the contract pricing for the work. 1.2 QCS SOFTWARE QCS is a Windows-based program that can be run on a stand-alone personal computer or on a network. The Contractor shall be responsible after award of the construction contract to download the QCS software and User Manual from the Government's RMS internet website: http://www.rmssupport.com. Prior to the Pre-Construction Conference, the Contractor shall be responsible to download, install and use the latest version of the QCS software from the Government's RMS Internet Website. ~_ny program updates of QCS will be made available to the Contractor via the Government RMS SECTION 01 45 02.00 18 Page 1 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT Website as they become available and the Contractor shall be required to install and use the latest version of the QCS Software (Expect approximately six (6) program updates per year). 1.3 SYSTEM REQUIREMENTS The following is the minimum system configuration that the Contractor shall have to run QCS: Hardware IBM-compatible PC with 1000 MHz Pentium or higher processor 512+ MB RAM for workstation / 1GB+ MB RAM for server 40 GB hard drive disk space for sole use by the QCS system 3 1/2 inch high-density floppy drive 24X CD/RW Drive SVGA or higher resolution monitor (1024x768, 256 colors) Mouse or other pointing device Windows compatible laser printer. (Laser printer must have 4 MB+ of RAM) Connection to the Internet, minimum 56k BPS Software MS Windows 2000 or higher Word Processing software: MS Word 2000 or newer Latest version of: Netscape Navigator, Microsoft Internet Explorer, or other browser that supports HTML 4.0 or higher Electronic mail (E-mail) MAPI compatible The contractor's computer system shall be protected by virus protection software that is regularly upgraded with all issued manufacturer's updates throughout the life of the contract 1.4 RELATED INFORMATION 1.4.1 QCS User Guide After contract award, the Contractor shall download instructions for the installation and use of QCS from the Government RMS Internet Website (http:~www.rmssupport.com. 1.5 CONTRACT DATABASE Prior to the pre-construction conference, the Government will provide the Contractor with basic contract award data to use for QCS. The Government will provide data updates to the Contractor as needed, generally by using SECTION 01 45 02.00 18 Page 2 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT the Government's SFTP repository built into QCS import/export function. These updates will generally consist of submittal reviews, correspondence status, QA comments, and other administrative and QA data. 1.6 DATABASE MAINTEN~LNCE The Contractor shall establish, maintain, and update data for the contract in the QCS database throughout the duration of the contract. The Contractor shall establish and maintain the QCS database at the Contractor's site office. Submit data updates to the Government (e.g., daily reports, submittals, RFI's, schedule updates, payment requests, etc.) using the Government's SFTP repository built into QCS export function. If permitted by the Contracting Officer, e-mail or CD-ROM may be used instead of E-mail (see Paragraph DATA SUBMISSION VIA CD-ROM). The QCS database typically shall include current data on the following items: 1.6.1 Administration 1.6.1.1 Contractor Information The database shall contain the Contractor's name, address, telephone numbers, management staff, and other required items. Within 14 calendar days of receipt of the Award data from the Government via the RMS SFTP site, the contractor shall deliver Contractor administrative data in electronic format. 1.6.1.2 Subcontractor Information The database shall contain the name, trade, address, phone numbers, and other required information for all subContractors. A subcontractor must be listed separately for each trade to be performed. Assign each subcontractor/trade a unique Responsibility Code, provided in QCS. Within 14 calendar days of receipt of the award data file from the Government via the RMS SFTP website, the Contractor shall deliver subcontractor administrative data in electronic format. 1.6.1.3 Correspondence Identify all Contractor correspondence to the Government with a serial number. Prefix correspondence initiated by the Contractor's site office with "S". Prefix letters initiated by the Contractor's home (main) office with "H". Letters shall be numbered starting from 0001. (e.g., H-0001 or S-0001). The Government's letters to the Contractor will be prefixed with 1.6.1.4 Equipment The Contractor's QCS database shall contain a current list of equipment planned for use or being used on the jobsite, including the most recent and planned equipment inspection dates. 1.6.1.5 Management Reporting QCS includes a number of reports that Contractor management can use to track the status of the project. The value of these reports is reflective of the quality of the data input, and is maintained in the various sections of QCS. Among these reports are: Progress Payment Request worksheet, QA/QC comments, Submittal Register Status, Three-Phase Inspection checklists. SECTION 01 45 02.00 18 Page 3 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 1.6.1.6 Request For Information (RFI) Exchange all Requests For Information (RFI) using the Built-in RFI generator and tracker in QCS. 1.6.2 Finances 1.6.2.1 Pay Activity Data The QCS database shall include a list of pay activities that the Contractor shall develop in conjunction with the construction schedule. The sum of all pay activities shall be equal to the total contract amount, including modifications. Pay acitivities shall be grouped by Contract Line Item Number (CLIN), and the sum of the activities shall equal the amount of each CLIN; CLINS may include multiple actities, but activities may be assigned to only one such CLIN item. The total of all CLINs equals the Contract Amount. 1.6.2.2 Payment Requests Prepare all progress payment requests using QCS. Complete the payment request worksheet, prompt payment certification, and payment invoice in QCS. Update the work completed under the contract, measured as percent or as specific quantities, at least monthly. After the update, generate a payment request report using QCS. Submit the payment request, prompt payment certification, and payment invoice with supporting data using the Government's SFTP repository built into QCS export function. If permitted by the Contracting Officer, e-mail or a CD-ROM may be used. A signed paper copy of the approved payment request is also required, which will govern in the event of discrepancy with the electronic version. 1.6.3 Quality Control (QC) QCS provides a means to track implementation of the 3-phase QC Control System, prepare daily reports, identify and track deficiencies, document progress of work, and support other Contractor QC requirements. Maintain this data on a daily basis. Entered data will automatically output to the QCS generated daily report. Provide the Government a Contractor Quality Control (CQC) Plan within the time required in Section 01 45 04.00 18, CONTRACTOR QUALITY CONTROL. Within seven calendar days of Government acceptance, submit a QCS update reflecting the information contained in the accepted CQC Plan: schedule, pay activities, features of work, submittal register, QC requirements, and equipment list. 1.6.3.1 Daily Contractor Quality Control (CQC) Reports. QCS includes the means to produce the Daily CQC Report. The Contractor may use other formats to record basic QC data. However, the Daily CQC Report generated by QCS shall be the Contractor's official report. Summarize data from any supplemental reports by the Contractor and consolidate onto the QCS-generated Daily CQC Report. Submit daily CQC Reports as required by Section 01 45 04.00 18, CONTRACTOR QUALITY CONTROL. Electronically submit reports to the Government within 24 hours after the date covered by the report. Also provide the Government a signed, printed copy of the daily CQC report. 1.6.3.2 Deficiency Tracking. The Contractor shall use QCS to track deficiencies. Deficiencies SECTION 01 45 02.00 18 Page 4 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT identified by the Contractor will be numerically tracked using QC punch list items. The Contractor shall maintain a current log of its QC punch list items in the QCS database. The Government will log the deficiencies it has identified using its QA punch list items. The Government's QA punch list items will be included in its export file to the Contractor. The Contractor will acknowledge receipt of these QA punchlist items by specific number reference on the Daily CQC Report. The Contractor shall regularly update the correction status of both QC and QA punch list items. 1.6.3.3 QC Requirements Develop and maintain a complete list of QC testing and required structural and life safety special inspections required by the International Code Council (ICC), transferred and installed property, and user training requirements in QCS. Update all data on these QC requirements as work progresses, and promptly provide this information to the Government via QCS. 1.6.3.4 Three-Phase Control Meetings The Contractor shall maintain scheduled and actual dates and times of preparatory and initial control meetings in QCS. 1.6.3.5 Labor and Equipment Hours Log labor and equipment exposure hours on a daily basis. This data will be rolled up into a monthly exposure report. 1.6.3.6 Accident/Safety Reporting The Government will issue safety comments, directions, or guidance whenever safety deficiencies are observed. The Government's safety comments will be included in its export file to the Contractor. Regularly update the correction status of the safety comments. In addition, utilize QCS to advise the Government of any accidents occurring on the jobsite. This brief supplemental entry is not to be considered as a substitute for completion of mandatory reports, e.g., ENG Form 3394 and OSHA Form 300. .1.6.3.7 Features of Work The Contractor shall include a complete list of the features of work in the QCS database. A feature of work may be associated with multiple pay activities. However, each pay activity (see subparagraph "Pay Activity Data" of paragraph "Finances") will only be linked to a single feature of work. 1.6.3.8 Hazard Analysis Use QCS to develop a hazard analysis for each feature of work included in the CQC Plan. The hazard analysis shall address any hazards, or potential hazards, that may be associated with the work 1.6.4 Submittal Management The contractor will initially be required to enter all the required submittal information into QCS. Thereafter, the Contractor shall maintain a complete list of all submittals, including completion of all data columns of Eng Form 4288, as required by Section 00 33 00.00 18, Submittal Procedures. Please note that the list on Eng Form 4288 is not all inclusive and numerous additional submittals will be required, particularly SECTION 01 45 02.00 18 Page 5 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT in Divisions 15 and 16. Dates on which submittals are received and returned by the Government will be included in its export file to the Contractor. The Contractor shall use QCS to track and transmit all submittals. ENG Form 4025, submittal transmittal form, and the submittal register update shall be produced using QCS. QCS and RMS will be used to update, store and exchange submittal registers and transmittals, but will not be used for storage of actual submittals. 1.6.5 Schedule Develop a construction schedule consisting of pay activities, in accordance with Section 01 31 10.00 18, PROJECT SCHEDULE: BAR CHART. This schedule shall be input and maintained in the QCS database by using the Standard Data Exchange Format (SDEF). The Contractor shall be responsible for ensuring the SDEF file is in the format required to upload the data to the QCS MOdule. Contractor will not be permitted to manually enter the schedule into QCS. The updated schedule data shall be included with each pay request submitted by the Contractor. 1.6.6 Import/Export of Data QCS includes the ability to export Contractor data to the Government and to import submittal register and other Government-provided data from RMS, and schedule data using SDEF. 1.7 IMPLEMENTATION Contractor use of QCS as described in the preceding paragraphs is mandatory. Ensure that sufficient resources are available to maintain its QCS database, and to provide the Government with regular database updates. QCS shall be an integral part of the Contractor's management of quality control. 1.8 DATA SUBMISSION VIA Government SFTP Repository or CD-ROM The Government-preferred method for Contractor's submission of QCS data is by using the Government's SFTP repository built into QCS export function. Other data should be submitted using E-mail with file attachment(s). For locations where this is not feasible, the Contracting Officer may permit use of CD-ROM for data transfer. Export data onto CDs using the QCS built-in export function. If used, submit CD-ROMs in accordance with the following: 1.8.1 File Medium Submit required data on CD-ROM. They shall conform to industry standards used in the United States. All data shall be provided in English. 1.8.2 CD-ROM Labels Affix a permanent exterior label to each CD-ROM submitted. The label shall indicate in English, the QCS file name, full contract number, contract name, project location, data date, name and telephone number of person responsible for the data. 1.8.3 File Names The files will be automatically named by the QCS software. The naming convention established by the QCS software shall not be altered in any way SECTION 01 45 02.00 18 Page 6 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT by the Contractor. 1.9 WEEKLY SUBMISSION OF EXPORT FILES The Contractor shall, at a minimum, generate and submit weekly export file to the Gov't via the RMS SFTP Repository website or CD-ROM (for locations where this is not feasible). 1.10 MONTHLY COORDINATION MEETING Update the QCS database each workday. At least monthly, generate and submit an export file to the Government with schedule update and progress pa]anent request. AS required in Contract Clause "Payments", at least one week prior to submittal, meet with the Government representative to review the planned progress payment data submission for errors and omissions. Make all required corrections prior to Government acceptance of the export file and progress payment request. Payment requests accompanied by incomplete or incorrect data submittals will be returned. The Government will not process progress pa~ents until an acceptable QCS export file is received. t.ll NOTIFICATION OF NONCOMPLIANCE The Contracting Officer will notify the Contractor of any detected noncompliance with the requirements of this specification. Take immediate corrective action after receipt of such notice. Such notice, when delivered to the Contractor at the work site, will be deemed sufficient for the purpose of notification. The QCS Module shall be completed to the satisfaction of the Contracting Officer prior to any contract payment (except for Bonds, and Insurance, as approved by the Contracting Officer). PART 2 PRODUCTS Not used. PART 3 EXECUTION Not used. -- End of Section SECTION 01 45 02.00 18 Page 7 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 01 45 04.00 18 CONTRACTOR QUALITY CONTROL NYD Edition 12/99 PART 1 GENERAL 1.1 PAYMENT Separate payment will not be made for providing and maintaining an effective Quality Control program, and all costs associated therewith shall be included in the applicable unit prices or lump- sum prices contained in the Bidding Schedule. 1.2 SUBMITTALS Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. The following shall be submitted in accordance with Section 01 33 00.00 18 SUBMITTAL PROCEDURES: SD-01 Preconstruction Submittals Contractor Quality Plan (CQC); G, RO Plan shall be submitted not later than 90 days after receipt of notice to proceed PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.1 GENERAL The Contractor is responsible for quality control and shall establish and maintain an effective quality control system in compliance with the Contract Clause entitled "Inspection of Construction." The quality control system shall consist of plans, procedures, and organization necessary to produce an end product which complies with the contract requirements. The system shall cover all construction operations, both onsite and off site, and shall be keyed to the proposed construction sequence. For purposes of this section the term "construction" shall include all items of work, activities, materials and equipment as indicated in the contract documents. Other sections of the contract documents may also require separate, specially qualified individuals in such areas as chemical data acquisition, sampling and analysis, medical monitoring, industrial hygiene, safety officer, etc. The CQC organization will coordinate the activities of these individuals. The project superintendent will be held responsible for the quality of work on the job and is subject to removal by the Contracting Officer for non-compliance with quality requirements specified in the contract. The project superintendent in this context shall mean the on-site individual with the responsibility for the overall management of the project including logistics and production. SECTION 01 45 04.00 18 Page 1 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 3.2 QUALITY CONTROL PLJkN 3.2.1 General The Contractor shall furnish for review by the Government, not later than 90 days after receipt of notice to proceed, the Contractor Quality Control (CQC) Plan proposed to implement the requirements of the Contract Clause entitled "Inspection of Construction." The plan shall identify personnel, procedures, control, instructions, test, records, and forms to be used. The Government will consider an interim plan for the first 90 days of operation. Construction will be permitted to begin only after acceptance of the CQC Plan or acceptance of an interim plan applicable to the particular feature of work to be started. Work outside of the features of work included in an accepted interim plan will not be permitted to begin until acceptance of a CQC Plan or another interim plan containing the additional features of work to be started. 3.2.2 Content of the CQC Plan The CQC Plan shall include, as a minimum, the following to cover all construction operations, both onsite and off site, including work by subcontractors, fabricator, suppliers, and purchasing agents: a. A description of the quality control organization, including a chart showing lines of authority and acknowledgment that the CQC staff shall implement the three phase control system for all aspects of the work specified. The staff shall include a CQC System Manager who shall report to an officer in the Contractor's organization above the Project Superintendent, who is responsible for both quality and production. b. The name, qualifications (in resume format), duties, responsibilities, and authorities of each person assigned a CQC function. Clear indication that CQC System Manager will have no duties other than Quality Control. c. A copy of the letter to the CQC System Manager signed by an authorized official of the firm which describes the responsibilities and delegates sufficient authorities to adequately perform the functions of the CQC System Manager, including authority to stop work which is not in compliance with the contract. The CQC System Manager shall issue letters of direction to all other various quality control representatives outlining duties, authorities, and responsibilities. Copies of these letters will also be furnished to the Government. d. Procedures for scheduling, reviewing, certifying, and managing submittals, including those of subcontractors, off site fabricators, suppliers, and purchasing agents. These procedures shall be in accordance with Section 01 33 00.00 18 SUBMITTAL PROCEDURES. e. Control, verification, and acceptance testing procedures for each specific test to include the test name, specification paragraph requiring test, feature of work to be tested, test frequency, and person responsible for each test. (Laboratory facilities will be approved by the Contracting Officer.) The Contractor shall incorporate all tests required by the contract (including systems commissioning and operating tests) to derive the above list of testing information which shall be presented in matrix form as part of the CQC Plan. This matrix shall be suitable for use by the Contractor and the Government as a checklist to control testing to be done on the contract. Coordinate any additional test submission or plan SECTION 01 45 04.00 18 Page 2 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT requirements for Mechanical and Electrical Systems with appropriate specialized specification section if applicable. f. Procedures for tracking preparatory, initial, and follow-up control phases and control, verification, and acceptance tests including documentation. Provide matrix of Preparatory and Initial Inspections including specification reference paragraph, the name of the Definable Feature of Work, and spaces for date performed, results, and names of attendees. g. Procedures for tracking construction deficiencies from identification through acceptable corrective action. These procedures will establish verification that identified deficiencies have been corrected. h. Reporting procedures, including proposed reporting formats. i. A list of the definable features of work. A definable feature of work is a task which is separate and distinct from other tasks and has separate control requirements. It could be identified by different trades or disciplines, or it could be work by the same trade in a different environment. Although each section of the specifications may generally be considered as a definable feature of work, there is frequently more than one definable feature under a particular section. This list will cover all features of work on the project, and will be agreed upon during the coordination meeting. j. A brief explanation of the duties of the CQC organization with respect to safety. Note that separate Accident Prevention Plan and Hazards Analysis is required for submission and acceptance. k. Contractor,s plan for training all CQC personnel in the CQC system. 3.2.3 Acceptance of Plan Acceptance of the Contractor's plan is required prior to the start of construction. Acceptance is conditional and will be predicated on satisfactory performance during the construction. The Government reserves the right to require the Contractor to make changes in his CQC Plan and operations including removal of personnel, as necessary, to obtain the quality specified. 3.2.4 Notification of Changes After acceptance of the CQC Plan, the Contractor shall notify the Contracting Officer in writing of any proposed change. Proposed changes are subject to acceptance by the Contracting Officer. 3.3 COORDINATION MEETING After the Pre construction Conference, before start of construction, and prior to acceptance by the Government of the CQC Plan, the Contractor shall meet with the Contracting Officer or Authorized Representative and discuss the Contractor's quality control system. The CQC Plan shall be submitted for review a minimum of 14 calendar days prior to the Coordination Meeting. The initial plan submitted must be found acceptable by the Government before the Coordination Meeting can be held. During the meeting, a mutual understanding of the system details shall be developed, including the forms for recording the CQC operations, control activities, testing, administration of the system for both onsite and off site work, and the SECTION 01 45 04.00 18 Page 3 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT interrelationship of Contractor's Management and control with the Government's Quality Assurance. Minutes of the meeting shall be prepared by the Government and signed by both the Contractor and the Contracting Officer. The minutes shall become a part of the contract file. There may be occasions when subsequent conferences will be called by either party to reconfirm mutual understandings and/or address deficiencies in the CQC system or procedures which may require corrective action by the Contractor. 3.4 QUALITY CONTROL ORGANIZATION 3.4.1 General The requirements for the CQC organization are a CQC System Manager and sufficient number of additional qualified personnel to ensure contract compliance. The number of CQC personnel shall be increased as required during times of high construction workload. The Contractor shall provide a CQC organization which shall be at the site at all times during progress of the work and with complete authority to take any action necessary to ensure .compliance with the contract. All CQC staff members shall be subject to acceptance by the Contracting Officer. 3.4.2 CQC System Manager The Contractor shall identify as CQC System Manager an individual within his organization at the site of the work who shall be responsible for overall management of CQC and have the authority to act in all CQC matters for the Contractor. The CQC System Manager shall be a graduate engineer, graduate architect, or a graduate of construction management, or shall hold a state Professional Engineer's license, with a minimum of 2 years construction experience on construction similar to this contract, one year of which as a Quality Control Representative. The CQC Manager may also be a construction person with a minimum of 4 years in related work, one year of which as a QC Representative. This CQC System Manager shall be on the site at all times during construction and will be employed by the prime Contractor. An alternate for the CQC System Manager will be identified in the plan to serve in the event of the System Manager's absence. The requirements for the alternate will be the same as for the designated CQC system Manager. The CQC System Manager shall be assigned no duties other than Quality Control. 3.4.3 Organizational Expertise The CQC organization, which includes the CQC System Manager and additional qualified personnel, must as a minimum possess general corporate technical knowledge of all aspects of the project, and must successfully execute the CQC System on all aspects of the project. Individuals possessing experience in specialized areas shall be added to the organization as required during periods when such specialty areas are being executed. Examples of such specialized areas would include wetland scientist, biologist, specialized geotech work, dredging, sand placement and surveying, chemical data acquisition, hazardous material removal and disposal, medical monitoring, etc., depending on the nature of the particular project. The Contractor must demonstrate that such additional qualified personnel have received sufficient training and indoctrination into the CQC system, and that these personnel properly execute the requirements of the CQC System within their areas of expertise. SECTION 01 45 04.00 18 Page 4 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 3.4.4 Additional Requirement In addition to the above experience and education requirements the CQC System Manager shall have completed within the last five years the course entitled "Construction Quality Management for Contractors". This course is given at a cost of $25 by Government personnel and is of two-day duration. The Government will provide one instruction manual for the course. 3.4.5 Organizational Changes The Contractor shall maintain the CQC Organization at full strength at all times. When it is necessary to make changes to the organization, the Contractor shall revise the CQC Plan to reflect the changes and submit the changes to the Contracting Officer for acceptance. 3.5 SUBMITTALS Submittals shall be made as specified in Section 01 33 00.00 18 SUBMITTAL PROCEDURES. The CQC organization shall be responsible for certifying that all submittals are in compliance with the contract requirements and are submitted in accordance with the date on the submittal register. CQC personnel shall also make physical checks of materials and equipment before installation to insure compliance with approved shop drawings. 3.6 CONTROL Contractor Quality Control is the means by which the Contractor ensures that the construction, to include that of subcontractors and suppliers, complies with the requirements of the contract. At least three phases of control shall be conducted by the CQC System Manager for each definable feature of work as follows: 3.6.1 Preparatory Phase This phase shall be performed prior to beginning work on each definable feature of work after all required plans/documents/materials are approved/accepted, and after copies are at the worksite, and shall include: a. A review of each paragraph of applicable specifications. b. A review of the contract drawings. c. A check to assure that all materials and/or equipment have been tested, submitted, and approved. d. Review of provisions that have been made to provide required control inspection and testing. e. Examination of the work area to assure that all required preliminary work has been completed and is in compliance with the contract. f. A physical examination of required materials, equipment, and sample work to assure that they are on hand, conform to approved shop drawings or submitted data, and are properly stored. g. A review of the appropriate activity hazard analysis to assure safety requirements are met per EM 385-1-1, "Safety and Health Requirements Manual". SECTION 01 45 04.00 18 Page 5 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT h. Discussion of procedures for controlling quality of the work including repetitive deficiencies. Document construction tolerances and workmanship standards for that feature of work. i. A check to ensure that the portion of the plan for the work to be performed has been accepted by the Contracting Officer. j. Discussion of the initial control phase. k. The Government shall be notified at least 48 hours in advance of beginning the preparatory control phase meeting. This phase shall include a meeting conducted by the CQC System Manager and attended by the superintendent, other CQC personnel (as applicable), and the foreman responsible for the definable feature. The results of the preparatory phase actions shall be documented by separate minutes prepared by the CQC System Manager and attached to the daily CQC report. The Contractor shall clearly indicate its intent and plan for communication of the results of the preparatory phase to applicable workers, to include materials, construction methods, workmanship standards, safety considerations and procedures, and preparatory phase meeting minutes. 3.6.2 Initial Phase This phase shall be accomplished at the beginning of a definable feature of work (DFW) when the accomplishment of a representative sample of the work is impending. The following shall be accomplished: a. A check of the portion of work done to ensure that it is in full compliance with contract requirements. Review minutes of the preparatory meeting. b. Verify adequacy of controls to ensure full contract compliance. Verify required control inspection and testing. c. Establish level of workmanship and verify that it meets minimum acceptable workmanship standards. Compare with required sample panels as appropriate. d. Resolve all differences. e. Check safety to include compliance with and upgrading of the safety plan and activity hazard analysis. Review the activity analysis with each worker. f. The Government shall be notified at least 48 hours in advance of beginning the initial phase meeting. This phase shall include a meeting conducted by the CQC System Manager and attended by the superintendent, other CQC personnel (as applicable), the foreman responsible for the definable feature and the work crew(s) for the appropriate DFW. Separate minutes of this phase shall be prepared by the CQC System Manager and attached to the daily CQC report. Exact location (i.e. CQC Report number) of initial phase shall be indicated for future reference and comparison with follow?up phases. 3.6.3 Follow-up Phase Daily checks shall be performed to assure control activities, including control testing, are providing continued compliance with contract SECTION 01 45 04.00 18 Page 6 Emergency Shoreline Protection, Orient Earbor, Southhold, NY ORIENT requirements, until completion of the particular feature of work. The checks shall be made a matter of record in the CQC documentation. Final follow-up checks shall be conducted and all deficiencies corrected prior to the start of additional features of work which may be affected by the deficient work. The Contractor shall not build upon or conceal non-conforming work. 3.6.4 Additional Preparatory and Initial Phases Additional preparatory and initial phases shall be conducted on the same definable feature of work if the quality of on-going work is unacceptable, if there are changes in the applicable CQC staff, onsite production supervision or work crew, if work on a definable feature is resumed after a substantial period of inactivity, or if other problems develop. 3.6.5 Definable Feature of Work: Definition and Discussion A Definable Feature of Work (DFW) is a portion of work consisting of materials, equipment, supplies and procedures which are closely related to each other, have the same control and will be accomplished by the same work crew to completion. A DFW must be sufficiently small so that control of the work (i.e. communication of requirements to workers, inspection of materials and workmanship and correction of deficiencies) will be easily accomplished. Some examples for various types of projects are: * Concrete reinforcement and formwork * Concrete mixing, placement, curing and finishing * Testing Procedure for contaminated soil, materials and storage tank contents * Storage Tank disassembly and removal * Setting up of decontamination area, exclusion zones and standard safety procedures for asbestos removal * Asbestos removal and disposal procedures Chemical Data Acquisition * Preparation, removal and disposal of contaminated material * Dredging and placement. 3.7 TESTS 3.7.1 Testing Procedure The Contractor shall perform specified or required tests to verify that control measures are adequate to provide a product which conforms to contract requirements. Upon request, the Contractor shall furnish to the Government duplicate samples of test specimens for possible testing by the Government. Testing includes operation and/or acceptance tests when specified. The Contractor shall procure the services of a laboratory which has been assurance inspected by the Corps of Engineers within the last two years. The Contractor shall perform the following activities and record and provide the following data: SECTION 01 45 04.00 18 Page 7 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT Verify that testing procedures comply with contract requirements. b. Verify that facilities and testing equipment are available and comply with testing standards. c. Check test instrument calibration data against certified standards. d. Verify that recording forms and test identification control number system, including all of the test documentation requirements, have been prepared. e. Results of all tests taken, both passing and failing tests, will be recorded on the CQC report for the date taken. Specification paragraph reference, location where tests were taken, and the sequential control number identifying the test will be given. If approved by the Contracting Officer, actual test reports may be submitted later with a reference to the test number and date taken. An information copy of tests performed by an off site or commercial test facility will be provided directly to the Contracting Officer. Failure to submit timely test reports as stated may result in nonpayment for related work performed and disapproval of the test facility for this contract. 3.7.2 Testing Laboratories 3.7.2.1 Capability Check The Government reserves the right to check laboratory equipment and calibration in the proposed laboratory for compliance with the standards set forth in the contract specifications and to check the laboratory technician's testing procedures and techniques. Laboratories utilized for testing soils, concrete, asphalt, aggregate and steel shall meet criteria detailed in ASTM D 3740 and ASTM E 329. The Government requires a Corps of Engineers capability check of the laboratory which the contractor proposes to perform tests on soils, concrete, asphalt, aggregate and steel. If the laboratory proposed has not had the required Corps of Engineers capability check within the last two years, it will be performed by the Corps of Engineers at a cost of $7200 to the contractor. This cost will be paid by the Contractor via check directly to the Corps of Engineers Laboratory performing the inspection and report. 3.7.2.2 Capability Recheck If the selected laboratory fails the capability check, the Contractor will be assessed a charge of $7200 to reimburse the Government for each succeeding recheck of the laboratory or the checking of a subsequently selected laboratory. 3.7.3 On-Site Laboratory The Government reserves the right to utilize the Contractor's control testing laboratory and equipment to make assurance tests and to check the Contractor's testing procedures, techniques, and test results at no additional cost to the Government. 3.7.4 Furnishing or Transportation of Samples for Testing Costs incidental to the transportation of samples or materials will be borne by the Contractor. Samples of materials for test verification and acceptance testing by the Government shall be delivered to the Corps of SECTION 01 45 04.00 18 Page 8 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT Engineers Division Laboratory, as designated by the Government Representative. Coordination for each specific test, exact delivery location and dates will be made through the Area Office. 3.8 COMPLETION INSPECTION .~8.1 Punch-Out Inspection Near the completion of all work or any increment thereof established by a completion time stated in the Special Clause entitled "Commencement, Prosecution, and Completion of Work," or stated elsewhere in the specifications, the CQC System Manager shall conduct an inspection of the work and develop a "punch list" of items which do not conform to the approved drawings and specifications. Such a list of deficiencies shall be included in the CQC documentation, as required by paragraph DOCUMENTATION below, and shall include the estimated date by which the deficiencies will be corrected. The CQC System Manager or staff shall make a second inspection to ascertain that all deficiencies have been corrected. Once this is accomplished the Contractor shall notify the Government that the facility is ready for the Government's "Pre-final" inspection. 3.8.2 Pre-Final Inspection The Government will perform this inspection to verify that the facility is ready to be occupied. A Government "Pre-final Punch List" will be developed as a result of this inspection. The Contractor's CQC System Manager shall ensure that all items on this list have been corrected and so notify the Government so that a "Final" inspection with the customer can be scheduled, kny items noted on the "Pre-final" inspection shall be corrected in a timely manner. These inspections and any deficiency corrections required by this paragraph will be accomplished within the time slated for completion of the entire work or any particular increment thereof if the project is divided into increments by separate completion dates. 3.8.3 Final Acceptance Inspection The Contractor's Quality Control Inspection personnel, plus the superintendent or other primary management person and the Contracting Officer's Representative will be in attendance at this inspection. Additional Government personnel including, but not limited to, those from Base/Post Civil Facility Engineer user groups, and major commands may also be in attendance. The final acceptance inspection will be formally scheduled by the Contracting Officer based upon results of the Pre-Final Inspection. Notice will be given to the Contracting Officer at least 14 days prior to the final acceptance inspection and shall include the Contractor's assurance that all specific items previously identified to the Contractor as being acceptable, along with all remaining work performed under the contract, will be complete and acceptable by the date scheduled for the final acceptance inspection. Failure of the Contractor to have all contract work acceptably complete for this inspection will be cause for the Contracting Officer to bill the Contractor for the Government's additional inspection cost in accordance with the contract clause entitled "Inspection of Construction". 3.9 DOCUMENTATION The Contractor shall maintain current records providing factual evidence that required quality control activities and/or tests have been performed. SECTION 01 45 04.00 18 Page 9 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT These records shall include the work of subcontractors and suppliers and shall be on an acceptable form that includes, as a minimum, the following information: b. repair. Contractor/subcontractor and their area of responsibility. Operating plant/equipment with hours worked, idle, or down fo~' c. Work performed each day, giving location, description, and by whom. When Network Analysis (NAS) is used, identify each phase of work performed each day by NAS activity number. d. Test and/or control activities performed with results and references to specifications/drawings requirements. The control phase should be identified (Preparatory, Initial, Follow-up). List deficiencies noted along with corrective action. e. Quantity of materials received at the site with statement as to acceptability, storage, and reference to specifications/drawings requirements. f. Submittals reviewed, with contract reference, by whom, and action taken. Off-site surveillance activities, including actions taken. h. Job safety evaluations stating what was checked, results, and instructions or corrective actions. i. Instructions given/received and conflicts in plans and/or specifications. j. Contractor's verification statement. These records shall indicate a description of trades working on the project; the number of personnel working; weather conditions encountered; and any delays encountered. "N/A" shall be entered into any field for which no entry is intended. These records shall cover both conforming and deficient features and shall include a statement that equipment and materials incorporated in the work and workmanship comply with the contract. The original and one copy of these records in report form shall be furnished to the Government daily within 16 hours after the date(s) covered by the report, except that reports need not be submitted for days on which no work is performed. AS a minimum, one report shall be prepared and submitted for every seven days of no work and on the last day of a no work period. Ail calendar days shall be accounted for throughout the life of the contract. The first report following a day of no work shall be for that day only. Reports shall be signed and dated by the CQC System Manager. The report from the CQC System Manager shall include copies of test reports and copies of reports prepared by all subordinate quality control personnel. All documentation is expected to be literate, legible and complete. 3.10 SAMPLE FORMS (Note: If the Quality Control System (QCS) (formally called Resident Management System (RMS)) is required to be used by the contractor for the QC System as indicated elsewhere in this contract, Contractor will generate SECTION 01 45 04.00 18 Page 10 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT all reports in the QCS System, and attached forms will serve as guidance only. Otherwise forms contained herein will be used by the CQC Staff for CQC system reporting ). a. The 2-page form at the end of the section will be used for the basic CQC Report. CQC personnel shall attach continuation sheets as required for any entries which cannot fit on the basic form. Preparatory and Initial Inspections, when performed, shall be indicated on the basic CQC report and minutes for each inspection shall be attached. Minutes will consist of a list of specific requirements for materials, procedures or equipment to be employed and shall also include any understandings reached or items of special importance discussed. b. In addition, outstanding deficiencies shall be listed on the form "List of Outstanding Deficiencies" at the end of this section and shall be attached to each CQC report. As deficiencies are corrected, they are to be acknowledged on the basic CQC report and shall be deleted from the list. c. Form at the end of this section entitled "CQC Test Report List" shall be used by the Contractor to track testing to be done as the project progresses, and also to summarize the Contractor's Quality Control testing to be reported on the CQC Plan. d. Form "Record of Preparatory and Initial Inspections" at the end of this section shall be used by the Contractor to track Preparatory and Initial inspections as the project progresses and also to summarize these required inspections as part of the CQC Plan. e. Additional reporting forms pertaining to specialized activities may be included herein or elsewhere in the contract, and shall be used for reporting as indicated. 3.11 NOTIFICATION OF NONCOMPLIANCE The Contracting Officer will notify the Contractor of any detected noncompliance with the foregoing requirements. The Contractor shall take immediate corrective action after receipt of such notice. Such notice, when delivered to the Contractor at the work site, shall be deemed sufficient for the purpose of notification. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such stop orders shall be made the subject of claim for extension of time or for excess costs or damages by the Contractor. Deficiencies cited and verbal instructions given to the Contractor by the Government Representative shall be entered into that day's CQC Report. (FORMS FOLLOW) -- End of Section -- SECTION 01 45 04.00 18 Page 11 RECORD OF PREPARATORY AND INITIAL INSPECTIONS DATE OF TYPE OF DEFINABLE FEATURE OF WORK REPORT NOS PERSONS WAS MATL&/OR INSP INSP (DESCRIBE) QA QC ATTENDING EQUIPMENT INSP PHYSICALLY INSPECTED ? NAD FORM 826 NOTE:THIS FORM SHALL BE USED BY THE CONTRACTOR TO TRACK PREP/INIT INSP'S 22 JULY 86 ATTACH ADDITIONAL RESULTS OR COMMENTS AS REQUIRED ILIST OF OUTSTANDING DEFICIENCIESIsH. oF DATE: PROJECT TITLE: CONTRACTOR: LOCATION: CQC REPORT# CONTRACT #: SPEC REF LOCATION ON DESCRIPTION OF DEFICIENCY DATE DATE TO BE DATE REMARKS OR DWG# PROJECT FOUND CORRECTED CORRECTED NOTE: THIS FORM SHALL BE USED BY THE CONTRACTOR TO TRACK OUTSTANDING CONSTRUCTION DEFIClENCIE," ICQC TEST REPORT LIST CQC REPORT# SH OF DATE: CONTRACTOR: CONTRACT #: PROJECT TITLE: LOCATION: SPEC REF TYPE OF TEST DATE RESULTS REMARKS OR DWG# PERFORMED NOTE: THIS FORM SHALL BE USED BY THE CONTRACTOR TO TRACK CQC TESTING.PROVIDE ATTACHMENTS AS REQUIRED. 1. l'roject lltle: CQC REPORT # Date Locahon: Contract No.: 2. L~st Contractors and Subs Work:lng lh~s Day and Areas ot respons~blhty ot each 3. Weather: 4.Descnphon and Locahon ot Worlc oI the l'roJect (Also mdtcate days ot no work and reasons tot delayj 5. Labor and l~qmpment l:lreakdown by lrade (Attach Uont~nuatton) 6. l'reparatory l'hase Inspections Held (See Attached Minutes) 7. lmtml l'hase Inspections Held (See attached m~nutes) 01 45 04.00 18 - 15 8. l~ollow-Up Phase Inspections Performed, Results and Corrective Actions laken 9. Job :5atety. lnthcate What Was Checked, Results,instructions Received and Corrective Actlons: 10. Additional Actlmtles and Remarks {Check Apprupnate BOX) [ ] a. lestmg Perlormed. Attach Results. [ ] d. Outstanding Deficiencies. See Attached L~st [ ] b. Verbal Instructions Recetved. [ ] e. Delivery ot Equipment and Materials. [ ] c. Submittal Actions. [ ] t. Mlsc/Remarl~s. [Use Space Below 1o Dlscnbe Checked Items) 11. Contractor's Venhcatlon: "lhe above report and attachments are complete and all supplies, Materials, Equipment and Workmanship Incorporated into the work are in tull compliance with the contract except as noted". S~gned Date Ck2U Representative 01 45 04.00 18 - 16 CENAN~CO 5/99 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 01 57 20.00 10 ENVIRONMENTAL PROTECTION 04/06 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. ARMY (DA) DA AR 200-5 (1999) Pest Management U.S. ARMY CORPS OF ENGINEERS (USACE) EM 385-1-1 (2008) Safety and Health Requirements Manual WETLAND MANUAL Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1 U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) 33 CFR 328 40 CFR 150 - 189 40 CFR 261 40 CFR 262 40 CFR 279 40 CFR 302 40 CFR 355 40 CFR 68 49 CFR 171 - 178 1.2 DEFINITIONS Definitions of Waters of the United States Pesticide Programs Identification and Listing of Hazardous Waste Standards Applicable to Generators of Hazardous Waste Standards for the Management of Used Oil Designation, Reportable Quantities, and Notification Emergency Planning and Notification Chemical Accident Prevention Provisions Hazardous Materials Regulations 1.2.1 Environmental Pollution and Damage Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically. SECTION 01 57 20.00 10 Page 1 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 1.2.2 Environmental Protection Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants. 1.2.3 Contractor Generated Hazardous Waste Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene etc.), waste thinners,excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water. 1.2.4 Installation Pest Management Coordinator Installation Pest Management Coordinator (IPMC) is the individual officially designated by the Installation Commander to oversee the Installation Pest Management Program and the Installation Pest Management Plan. 1.2.5 Project Pesticide Coordinator The Project Pesticide Coordinator (PPC) is an individual that resides at a Civil Works Project office and that is responsible for oversight of pesticide application on Project grounds. 1.2.6 Land Application for Discharge Water The term "Land Application" for discharge water implies that the Contractor must discharge water at a rate which 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. Land Application must be in compliance with all applicable Federal, State, and local laws and regulations. 1.2.7 Pesticide Pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant. 1.2.8 Pests The term "pests" means arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds and other organisms (except for human or animal disease-causing organisms) that adversely affect readiness, military operations, or the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable. SECTION 01 57 20.00 10 Page 2 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 1.2.9 Surface Discharge The term "Surface Discharge" implies that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers,creeks, and/or "waters of the United States" and would require a permit to discharge water from the governing agency. 1.2.10 Waters of the United States Ail waters which are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328. 1.2.11 Wetlands 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 WETLD/qD MB/qUAL. 1.3 GENERAL REQUIREMENTS Minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work must be protected during the entire duration of this contract. Comply with all applicable environmental Federal, State, and local laws and regulations. Any delays resulting from failure to comply with environmental laws and regulations will be the Contractor's responsibility. 1.4 SUBCONTRACTORS Ensure compliance with this section by subcontractors. 1.5 PAYMENT No separate payment will be made for work covered under this section. Payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor, and payment of all fines/fees for violation or non-compliance with Federal, State, Regional and local laws and regulations are the Contractor's responsibility. All costs associated with this section must be included in the contract price. 1.6 SUBMITTALS Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for [Contractor Quality Control approval.] [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, RO The environmental protection plan. SECTION 01 57 20.00 10 Page 3 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 1.7 ENVIRONMENTAL PROTECTION PLAN Prior to commencing construction activities or delivery of materials to the site, submit an Environmental Protection Plan for review and approval by the Contracting Officer. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction. Issues of concern must be defined within the Environmental Protection Plan as outlined in this section. Address each topic at a level of detail commensurate with the environmental issue and required construction task(s). Topics or issues which are not identified in this section, but are considered necessary, must be identified and discussed after those items formally identified in this section. Prior to submittal of the Environmental Protection Plan, meet with the Contracting Officer for the purpose of discussing the implementation of the initial Environmental Protection Plan; possible subsequent additions and revisions to the plan including any reporting requirements; and methods for administration of the Contractor's Environmental Plans. The Environmental Protection Plan must be current and maintained onsite by the Contractor. 1.7.1 Compliance No requirement in this Section will relieve the Contractor of any applicable Federal, State, and local environmental protection laws and regulations. During Construction, the Contractor will be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection Plan. 1.7.2 Contents Include in the environmental protection plan, but not limit it to, the following: 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 manifesting hazardous waste to be removed from the site, if applicable. c. Name(s) and qualifications of person(s) responsible for training the Contractor,s environmental protection personnel. d. Description of the Contractor's environmental protection personnel training program. An erosion and sediment control plan which identifies the type and location of the erosion and sediment controls to be provided. The plan must include monitoring and reporting requirements to assure that the control measures are in compliance with the erosion and sediment control plan, Federal, State, and local laws and regulations. A Storm Water Pollution Prevention Plan (SWPPP) may be substituted for this plan. Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials including methods to control runoff and to contain materials on the site. SECTION 01 57 20.00 10 Page 4 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT Traffic control plans including measures to reduce erosion of temporary roadbeds by construction traffic, especially during wet weather. Plan shall include measures to minimize the amount of mud transported onto paved public roads by vehicles or runoff. 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. Drawing showing the location of borrow areas. Include in the Spill Control plan the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. The Spill Control Plan supplements the requirements of EM 385-1-1. Include in this plan, as a minimum: (i) 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 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) if a reportable quantity is released to the environment. Include in the plan a list of the required reporting channels and telephone numbers. (2) The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup. (3) Training requirements for Contractor's personnel and methods of accomplishing the training. (4) A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified. (5) The names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup, restoration, and material-placement equipment available in case of an unforeseen spill emergency. (6) The methods and procedures to be used for expeditious contaminant cleanup. A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal including clearing debris and schedules for disposal. (i) Identify any subcontractors responsible for the transportation and disposal of solid waste. Submit licenses or permits for solid waste disposal sites that are not a commercial operating facility. (2) Evidence of the disposal facility's acceptance of the solid waste must be attached to this plan during the construction. Attach a SECTION 01 57 20.00 10 Page 5 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT copy of each of the Non-hazardous Solid Waste Diversion Reports to the disposal plan. Submit the report 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) Indicate in the report the total amount of waste generated and total amount of waste diverted in cubic yards or tons along with the percent that was diverted. (4) 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 to reduce the volume of solid waste at the source. 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. A contaminant prevention plan that: identifies potentially hazardous substances to be used on the job site; identifies the intended actions to prevent introduction of such materials into the air, water, or ground; and details provisions for compliance with Federal, State, and local laws and regulations for storage and handling of these materials. In accordance with EM 385-1-1, a copy of the Material Safety Data Sheets (MSDS) and the maximum quantity of each hazardous material to be onsite at any given time must be included in the contaminant prevention plan. Update the plan as new hazardous materials are brought onsite or removed from the site. A waste water management plan that identifies the methods and procedures for management and/or discharge of waste waters which are directly derived from construction activities, such as concrete curing water, clean-up water, dewatering of ground water, disinfection water, hydrostatic test water, and water used in flushing of lines. If a settling/retention pond is required, the plan must include the design of the pond including drawings, removal plan, and testing requirements for possible pollutants. If land application will be the method of disposal for the waste water, the plan must include a sketch showing the location for land application along with a description of the pretreatment methods to be implemented. If surface discharge will be the method of disposal, include a copy of the permit and associated documents as an attachment prior to discharging the waste water. If disposal is to a sanitary sewer, the plan must include documentation that the Waste Water Treatment Plant Operator has approved the flow rate, volume, and type of discharge. A historical, archaeological, cultural resources biological resources and wetlands plan that defines procedures for identifying and protecting historical, archaeological, cultural resources, biological resources and wetlands known to be on the project site: and/or identifies procedures to be followed if historical archaeological, cultural resources, biological resources and wetlands not previously known to be onsite or in the area are discovered during construction. Include in the plan methods to assure the protection of known or discovered resources, identifying lines of communication between Contractor personnel and the Contracting Officer. SECTION 01 57 20.00 10 Page 6 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT Include and update a pesticide treatment plan, as information becomes available. Include in the plan: sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, authorized uses, chemical composition, formulation, original and applied concentration, application rates of active ingredient (i.e. pounds of active ingredient applied), equipment used for application and calibration of equipment. Federal, State, Regional and Local pest management record keeping and reporting requirements as well as any additional Installation Project Office specific requirements are the Contractor's responsibility in conformance with DA AR 200-5 Pest Management, Chapter 2, Section III "Pest Management Records and Reports" for data required to be reported to the Installation. 1.7.3 Appendix Attach to the Environmental Protection Plan, as an appendix, copies of all environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, and termination documents. 1.8 PROTECTION FEATURES This paragraph supplements the Contract Clause PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite construction activities, the Contractor and the Contracting Officer will make a joint condition survey. Immediately following the survey, the Contractor will 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 will be signed by both the the Contractor and the Contracting Officer upon mutual agreement as to its accuracy and completeness. The Contractor must protect those environmental features included in the survey report and any indiqated on the drawings, regardless of interference which their preservation may cause to the work under the contract. 1.9 SPECIAL ENVIRONMENTAL REQUIREMENTS Comply with the special environmental requirements listed here 1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS Any deviations from the drawings,plans and specifications, requested by the Contractor and which may have an environmental impact, will be subject to approval by the Contracting Officer and may require an extended review, processing, and approval time. The Contracting Officer reserves the right to disapprove alternate methods, even if they are more cost effective, if the Contracting Officer determines that the proposed alternate method will have an adverse environmental impact. 1.11 NOTIFICATION The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection plan. After receipt of such notice, the Contractor will inform SECTION 01 57 20.00 10 Page 7 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or equitable adjustments allowed for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS Obtaining and complying with all environmental permits and commitments required by Federal, State, Regional, and local environmental laws and regulations is the Contractor's responsibility. 3.2 LAND RESOURCES Confine all activities to areas defined by the drawings and specifications. Identify any land resources to be preserved within the work area prior to the beginning of any construction. Do 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 will not be fastened to or attached to any trees for anchorage unless specifically authorized. Provide effective protection for land and vegetation resources at all times, as defined in the following subparagraphs. Remove stone, soil, or other materials displaced into uncleared areas. 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 which are not to be disturbed. Protect monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, any markers must be visible in the dark. The Contractor's personnel must be knowledgeable of the purpose for marking and/or protecting particular objects. 3.2.2 Landscape Trees, shrubs, vines, grasses, land forms and other landscape features indicated and defined on the drawings to be preserved must be clearly identified by marking, fencing, or wrapping with boards, or any other approved techniques. Restore landscape features damaged or destroyed during construction operations outside the limits of the approved work area. 3.2.3 Erosion and Sediment Controls Providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations is the Contractor's responsibility. The erosion and sediment controls selected and maintained by the Contractor shall be such that water quality standards are not violated as a result of construction activities. The area of bare soil exposed at any one time by construction operations should be kept to a minimum. Construct or install SECTION 01 57 20.00 10 Page 8 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT temporary and permanent erosion and sediment control best management practices (BMPs) as indicated on the drawings. BMPs may include, but not be limited to, vegetation cover, stream bank stabilization, slope stabilization, silt fences, construction of terraces, interceptor channels, sediment traps, inlet and outfall protection, diversion channels, and sedimentation basins. Remove any temporary measures after the area has been stabilized. 3.2.4 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. Temporary movement or relocation of Contractor facilities will be made only when approved. Erosion and sediment controls must be provided for onsite borrow and spoil areas to prevent sediment from entering nearby waters. Temporary excavation and e~ankments for plant and/or work areas must be controlled to protect adjacent areas. 3.3 WATER RESOI/RCES Monitor all water areas affected by construction activities to prevent pollution of surface and ground waters. Do not apply toxic or hazardous chemicals to soil or vegetation unless otherwise indicated. For construction activities immediately adjacent to impaired surface waters, the Contractor must be capable of quantifying sediment or pollutant loading to that surface water when required by State or Federally issued Clean Water Act permits. 3.3.1 Cofferdams, Diversions, and Dewatering Operations Construction operations for dewatering, removal of cofferdams will be controlled at all times to maintain compliance with existing State water quality standards and designated uses of the surface water body. Comply with the State of New York water quality standards and anti-degradation provisions and the Clean Water Act Section 404. 3.4 AIR RESOURCES Equipment operation, activities, or processes will be in accordance with all Federal and State air emission and performance laws and standards. 3.4.1 Particulates Dust particles; aerosols and gaseous by-products from construction activities; and processing and preparation of materials, such as from asphaltic batch plants; must be controlled at all times, including weekends, holidays and hours when work is not in progress. Maintain excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and other work areas within or outside the project boundaries free from particulates which would cause the Federal, State, and local air pollution standards to be exceeded or which would cause a hazard or a nuisance. Sprinkling, chemical treatment of an approved type, baghouse, scrubbers, electrostatic precipitators or other methods will be permitted to control particulates in the work area. Sprinkling, to be efficient, must be repeated to keep the disturbed area damp at all times. Provide sufficient, competent equipment available to accomplish these tasks. Perform particulate control as the work proceeds and whenever a particulate nuisance or hazard occurs. Comply with all State and local visibility regulations. SECTION 01 57 20.00 10 Page 9 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 3.4.2 Odors Odors from construction activities must be controlled at all times. The odors must be in compliance with State regulations and/or local ordinances and may not constitute a health hazard. 3.4.3 Sound Intrusions Keep construction activities under surveillance and control to minimize environment damage by noise. Comply with the provisions of the State of New York rules. 3.4.4 Burning Burning will not be allowed on the project site unless specified in other sections of the specifications or authorized in writing by the Contracting Officer. The specific time, location, and manner of burning will be subject to approval. 3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL Disposal of wastes will be as directed below, unless otherwise specified in other sections and/or shown on the drawings. 3.5.1 Solid Wastes Place solid wastes (excluding clearing debris) in containers which are emptied on a regular schedule. Handling, storage, and disposal must be conducted to prevent contamination. Employ segregation measures so that no hazardous or toxic waste will become co-mingled with solid waste. Transport solid waste off Government property and dispose of it in compliance with Federal, State, and local requirements for solid waste disposal. A Subtitle D RCPg% permitted landfill will be the minimum acceptable offsite solid waste disposal option. Verify that the selected transporters and disposal facilities have the necessary permits and licenses to operate. Comply with Federal, State, and local laws and regulations] pertaining to the use of landfill areas. 3.5.2 Chemicals and Chemical Wastes Dispense chemicals ensuring no spillage to the ground or water. Perform and document periodic inspections of dispensing areas to identify leakage and initiate corrective action. This documentation will be periodically reviewed by the.Government. Collect chemical waste in corrosion resistant, compatible containers. Collection drums must be monitored and removed to a staging or storage area when contents are within 6 inches of the top. Wastes will be classified, managed, stored, and disposed of in accordance with Federal, State, and local laws and regulations. 3.5.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials Hazardous wastes are defined in 40 CFR 261, or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171 - 178. At a minimum, manage and store hazardous waste in compliance with 40 CFR 262 in accordance with the Project Office hazardous waste management plan]. Take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing. Segregate hazardous waste from other materials and wastes, protect it from the weather by placing it SECTION 01 57 20.00 10 Page 10 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT in a safe covered location, and take precautionary measures such as bermlng or other appropriate measures against accidental spillage. Storage, describing, packaging, labeling, marking, and placarding of hazardous waste and hazardous material in accordance with 49 CFR 171 - 178, State, and local laws and regulations is the Contractor's responsibility. Transport Contractor generated hazardous waste off Government property within 60 days in accordance with the Environmental Protection Agency and the Department of Transportation laws and regulations. Dispose of hazardous waste in compliance with Federal, State and local laws and regulations. Spills of hazardous or toxic materials must be immediately reported to the Contracting Officer. Cleanup and cleanup costs due to spills are the Contractor's responsibility. Coordinate the disposition of hazardous waste with the Contracting Officer. 3.5.4 Fuel and Lubricants Storage, fueling and lubrication of equipment and motor vehicles must be conducted in a manner that affords the maximum protection against spill and evaporation. Manage and store fuel, lubricants and oil in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded must be stored in marked corrosion- resistant containers and recycled or disposed in accordance with 40 CFR 279, State, and local laws and regulations. Storage of fuel on the project site is not allowed. Fuel must be brought to the project site each day that work is performed. 3.5.5 Waste Water Disposal of waste water will be as specified below. Waste water from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, forms, etc. will not be allowed to enter water ways or to be discharged prior to being treated to remove pollutants. Dispose of the construction related waste water [off-Government property in accordance with all Federal, State, Regional and Local laws and regulations. For discharge of ground water, the Contractor will obtain a State er Federal permit specific for pumping and discharging ground water prior to surface discharging. 3.6 RECYCLING AND WASTE MINIMIZATION Participate in State and local government sponsored recycling programs. The Contractor is further encouraged to minimize solid waste generation throughout the duration of the project. 3.7 NON-HAZARDOUS SOLID WASTE DIVERSION REPORT Maintain an inventory of non-hazardous solid waste diversion and disposal of construction and demolition debris. Submit a report to the Contracting Officer on the first working day after each fiscal year quarter, starting the first quarter that nonwhazardous solid waste has been generated. Include the following in the report: a. Construction and Demolition (C&D) Debris Disposed = [ cubic yards, as appropriate. SECTION 01 57 20.00 10 Page 11 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT b. Construction and Demolition (C&D) Debris Recycled = [ cubic yards, as appropriate. ] in c. Total C&D Debris Generated = [__] in cubic yards, as appropriate. Waste Sent to Waste-To-Energy Incineration Plant (This amount should not be included in the recycled amount) = [ ] in cubic yards, as appropriate. 3.8 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES If during excavation or other construction activities any previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, all activities that may damage or alter such resources will be temporarily suspended. Resources covered by this paragraph include but are not limited to: any human skeletal remains or burials; artifacts; shell, midden, bone, charcoal, or other deposits; rock or coral alignments, parings, wall, or other constructed features; and any indication of agricultural or other human activities. Upon such discovery or find, immediately notify the Contracting Officer so that the appropriate authorities may be notified and a determination made as to their significance and what, if any, special disposition of the finds should be made. Cease all activities that may result in impact to or the destruction of these resources. Secure the area and prevent employees or other persons from trespassing on, removing, or otherwise disturbing such resources. 3.9 BIOLOGICAL RESOURCES Minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat. The protection of threatened and endangered animal and plant species, including their habitat, is the Contractor's responsibility in accordance with Federal, State, Regional, and local laws and regulations. 3.10 INTEGRATED PEST MANAGEMENT In order to minimize impacts to existing fauna and flora, the Contractor through the Contracting Officer, must coordinate with the Installation Pest Management Coordinator (IPMC) Project Pesticide Coordinator (PPC)at the earliest possible time prior to pesticide application. Discuss integrated pest management strategies with the [IPMC] [PPC] and receive concurrence from the [IPMC] [PPC] through the COR prior to the application of any pesticide associated with these specifications. Installation Project Office Pest Management personnel will be given the opportunity to be present at all meetings concerning treatment measures for pest or disease control and during application of the pesticide. The use and management of pesticides are regulated under 40 CFR 150 - 189. 3.10.1 Pesticide Delivery and Storage Deliver pesticides to the site in the original, unopened containers bearing legible labels indicating the EPA registration nun~ber and the manufacturer's registered uses. Store pesticides according to manufacturer's instructions and under lock and key when unattended. 3.10.2 Qualifications For the application of pesticides, use the services of a subcontractor SECTION 01 57 20.00 10 Page 12 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT whose principal business is pest control. The subcontractor must be licensed and certified in the state where the work is to be performed. 3.10.3 Pesticide Handling Requirements Formulate, treat with, and dispose of pesticides and associated containers in accordance with label directions and use the clothing and personal protective equipment specified on the labeling for use during all phases of the application. Furnish Material Safety Data Sheets (MSDS) for all pesticide products. 3.10.4 Application Apply pesticides using a State Certified Pesticide Applicator in accordance with EPA label restrictions and recommendation. The Certified Applicator must wear clothing and personal protective equipment as specified on the pesticide label. The Contracting Officer will designate locations for water used in formulating. Do not allow the equipment to overflow. All equipment must be inspected for leaks, clogging, wear, or damage and repaired prior to application of pesticide. 3.11 PREVIOUSLY USED EQUIPMENT Clean all previously used construction equipment prior to bringing it onto the project site. Ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds. Consult with the USDA jurisdictional office for additional cleaning requirements. 3.12 MAINTENANCE OF POLLUTION FACILITIES Maintain permanent and temporary pollution control facilities and devices for the duration of the contract or for that length of time construction activities create the particular pollutant. 3.13 TRAINING OF CONTRACTOR PERSONNEL The Contractor's personnel must be trained in all phases of environmental protection and pollution control. Conduct environmental protection/pollution control meetings for all personnel prior to commencing construction activities. Additional meetings must be conducted 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, wetlands, and endangered species and their habitat that are known to be in the area. 3.14 POST CONSTRUCTION CLEANUP The Contractor will clean up all areas used for construction in accordance with Contract Clause: "Cleaning Up". Unless otherwise instructed in writing by the Contracting Officer, obliterate all signs of temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work. The disturbed area must be graded, filled and the entire area SECTION 01 57 20.00 10 Page 13 Emergency Shoreline Protection, Orient Harbor, Southhold, NY seeded unless otherwise indicated. -- End of Section -- ORIENT SECTION 01 57 20.00 10 Page 14 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 03 30 53 MISCELLANEOUS CAST-IN-PLACE CONCRETE 04/08 PART 1 GENERAL 1.1 SUMMARY Perform all work in accordance with ACI MCP SET Parts 2 and 3. 1.2 UNIT PRICES 1.2.1 Concrete Payment Payment will cover all costs associated with[ manufacturing,] furnishing, delivering, placing, finishing, and curing of concrete for the various items of the schedule, including the cost of all formwork. Payment for concrete, for which payment is made as a lump sum, is to be included in this unit price payment item. Payment for grout, preformed expansion joints, field-molded sealants, waterstops, reinforcing steel bars or wire reinforcement is to be included in this unit price payment item. 1.2.2 Measurement Concrete will be measured for payment on the basis of the actual volume of concrete within the pay lines of the structures as indicated. Measurement of concrete placed against the sides of any excavation without the use of intervening forms will be made only within the pay lines of the structure. NO deductions will be made for rounded or beveled edge, for space occupied by metal work, for electrical conduits or timber, or for voids or embedded items that are either less than 5 cubic feet in volume or 1 square foot in cross section. 1.2.3 Unit of Measure Unit of measure: cubic yard. 1.3 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. ACI INTERNATIONAL (ACI) ACI MCP SET (2009) Manual of Concrete Practice ACI 347 (2004) Guide to Formwork for Concrete ASTM INTERNATIONAL (ASTM) ASTM A 615/A 615M (2009b) Standard Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement ASTM C 1064/C 1064M (2008) Standard Test Method for SECTION 03 30 53 Page 1 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT ASTM C 143/C 143M ASTM C 150/C 150M ASTM C 171 ASTM C 172 ASTM C 173/C 173M ASTM C 231 ASTM C 260 ASTM C 309 ASTM C 31/C 31M ASTM C 33/C 33M ASTM C 39/C 39M ASTM C 494/C 494M ASTM C 618 ASTM C 685/C 685M ASTM C 920 ASTM C 94/C 94M ASTM D 1752 Temperature of Freshly Mixed Hydraulic-Cement Concrete (2009) Standard Test ~ethod for Slump of Hydraulic-Cement Concrete (2009) Standard Specification for Portland Cement (2007) Standard Specification for Sheet Materials for Curing Concrete (2008) Standard Practice for Sampling Freshly Mixed Concrete (2009) Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method (2009a) Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method (2006) Standard Specification for Air-Entraining Admixtures for Concrete (2007) Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete (2009) Standard Practice for Making and Curing Concrete Test Specimens in the Field (2008) Standard Specification for Concrete Aggregates (2009) Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens (2008a) Standard Specification for Chemical Admixtures for Concrete (2008a) Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete (2007) Concrete Made by Volumetric Batching and Continuous Mi×lng (2008) Standard Specification for Elastomeric Joint Sealants (2009a) Standard Specification for Ready-Mixed Concrete (2004a; R 2008) Standard Specification for Preformed Sponge Rubber Cork and Recycled PVC Expansion SECTION 03 30 53 Page 2 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT ASTM D 75/D 75M (2009) Standard Practice for Sampling Aggregates ASTM D 98 (2005) Calcium Chloride ASTM E 96/E 96M (2005) Standard Test Methods for Water Vapor Transmission of Materials U.S. ARMY CORPS OF ENGINEERS (USACE) COE CRD-C 400 (1963) Requirements for Water for Use in Mixing or Curing Concrete U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) 40 CFR 247 Comprehensive Procurement Guideline for Products Containing Recovered Materials 1.4 SYSTEM DESCRIPTION The Government retains the option to sample and test [joint sealer, joint filler material, aggregates and concrete to determine compliance with the specifications. Provide facilities and labor as may be necessary to assist the Government in procurement of representative test samples. Obtain samples of aggregates at the point of batching in accordance with ASTM D 75/D 75M. Sample concrete in accordance with ASTM C 172. Determine slump and air content in accordance with ASTM C 143/C 143M and ASTM C 231, respectively, when cylinders are molded. Prepare, cure, and transport compression test specimens in accordance with ASTM C 31/C 31M. Test compression test specimens in accordance with ASTM C 39/C 39M. Take samples for strength tests not less than once each shift in which concrete is produced [from each class of concrete required]. Provide a minimum of three specimens from each sample; two to be tested at 28 days (90 days if pozzolan is used) for acceptance, and one will be tested at 7 days for information. 1.4.1 Strength Acceptance test results are the average strengths of two specimens tested at 28 days (90 days if pozzolan is used). The strength of the concrete is considered satisfactory so long as the average of three consecutive acceptance test results equal or exceed the specified compressive strength, f'c, and no individual acceptance test result falls below f'c by more than 500 psi. 1.4.2 Construction Tolerances Apply a Class "C" finish to all surfaces except those specified to receive a Class "D" finish. Apply a Class "D" finish to all post-construction surfaces which will be permanently concealed. Surface requirements for the classes of finish required are as specified in Part 4 of ACI MCP SET. A class "D" finish shall apply to all surfaces which will be pemanently concealed after consruction. The surface requirements fo the classes of finish required shall be specified in ACI 347. SECTION 03 30 53 Page 3 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 1.4.3 Concrete Mixture Proportions Concrete mixture proportions are the responsibility of the Contractor. Mixture proportions shall include the dry weights of cementitious material(s); the nominal maximum size of the coarse aggregate; the specific gravities, absorptions, and saturated surface-dry weights of fine and coarse aggregates; the quantities, types, and names of admixtures; and quantity of water per cubic yard of concrete. Provide materials included in the mixture proportions of the same type and from the same source as will be used on the project. Specified compressive strength f'c shall be 3,000 psi at 28 days (90 days if pozzolan is used). The maximum nominal size coarse aggregate is 1 inch, in accordance with ACI MCP SET Part 3. The air content shall be between 4.5 and 7.5 percent with a slump between 2 and 5 inches. The maximum water cement ratio is 0.50. 1.5 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 00.00 18 SUBMITTAL PROCEDURES: SD-03 Product Data Air-Entraining Admixture Accelerating Admixture Water-Reducing or Retarding Admixture Curing Materials Reinforcing Steel Expansion Joint Filler Strips, Premolded Joint Sealants - Field Molded Sealants Waterstops Manufacturer's literature from suppliers which demonstrates compliance with applicable specifications for the above materials. Batching and Mixing Equipment Manufacturer's data for batching and mixing equipment which demonstrates compliance with the applicable specifications. Conveying and Placing Concrete Methods and equipment for transporting, handling, depositing, and consolidating the concrete prior to the first concrete placement. Formwork Formwork design prior to the first concrete placement. Installation Drawings Ready-Mix Concrete Mix Design Data Air-Entraining Admixtures Fly Ash SECTION 03 30 53 Page 4 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT Steel Reinforcement Accessories Curing Compound Measurement of Floor Tolerances Concrete SD-06 Test Reports Aggregates Test reports for aggregates showing the material(s) meets the quality and grading requirements of the specifications. Concrete Mixture Proportions The mixture proportions that will produce concrete of the quality required, ten days prior to placement of concrete. Applicable test reports to verify that the concrete mixture proportions selected will produce concrete of the quality specified. Compressive Strength Testing Slump SD-07 Certificates Cementitious Materials CPG for recycled materials or appropriate Waiver Form Manufacturer's certificates of compliance, accompanied by mill test reports, attesting that the concrete materials meet the requirements of the specifications in accordance with the Special Clause "CERTIFICATES OF COMPLIANCE". Certificates for all material conforming to EPA's Comprehensive Procurement Guidelines (CPG), in accordance with 40 CFR 247. Aggregates Certificates of compliance stating that the material(s) meet the quality and grading requirements of the specifications under which it is furnished. [Bill of Lading] 1.6 QUALITY ASSLrRA/~CE Indicate specific locations of Concrete Placement on installation drawings and include, but not be limited to, square feet of concrete placements, thicknesses and widths, plan dimensions, and arrangement of cast-in-place concrete section. 1.6.1 Regulatory Requirements The state statutory and regulatory requirements form a part of this specification to the extent referenced. Submit CPG for recycled materials or appropriate Waiver Form. SECTION 03 30 53 Page 5 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT PART 2 PRODUCTS 2.1 MATERIALS 2.1.1 Cementitious Materials Provide cementitious materials that conform to the appropriate specifications listed: 2.1.1.1 Portland Cement ASTM C 150/C 150M, Type II, low alkali. 2.1.2 Aggregates Fine and coarse aggregates shall meet the quality and grading requirements of ASTM C 33/C 33M Class Designations 4M or better. 2.1.3 Admixtures Admixtures to be used, when required or approved, shall comply with the appropriate specification listed. Retest chemical admixtures that have been in storage at the project site, for longer than 6 months or that have been subjected to freezing, at the expense of the Contractor at the request of the Contracting Officer and will be rejected if test results are not satisfactory. 2.1.3.1 Air-Entraining Admixture Provide air-entraining admixture that meets the requirements of ASTM C 260. 2.1.3.2 Accelerating Admixture Provide calcium chloride meeting the requirements of ASTM D 98. Other accelerators shall meet the requirements of ASTM C 494/C 494M, Type C or E. 2.1.3.3 Water-Reducing or Retarding Admixture Provide water-reducing or retarding admixture meeting the requirements of ASTM C 494/C 494M, Type A, B, or D. High-range water reducing admixture Type F or G may be used only when approved, approval being contingent upon particular placement requirements as described in the Contractor's Quality Control Plan. 2.1.4 Water Use fresh, clean, potable water for mixing and curing, free from injurious amounts of oil, acid, salt, or alkali, except that unpotable water may be used if it meets the requirements of COE CRD-C 400. 2.1.5 Reinforcing Steel Provide reinforcing bars conforming to the requirements of ASTM A 615, Grade 60. Welded steel wire fabric shall conform to the requirements of ASTM A 185. Details of reinforcement not shown shall be in accordance with ACI MCP SET Part 3, Chapters 7 and 12. SECTION 03 30 53 Page 6 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 2.1.6 Expansion Joint Filler Strips, Premolded Expansion joint filler strips, premolded shall be sponge rubber conforming to ASTM D 1752, Type I. 2.1~7 Joint Sealants - Field Molded Sealants Joint sealants - field molded sealants shall conform to ASTM C 920, Type M, Grade NS, Class 25, use NT for vertical joints and Type M, Grade P, Class 25, use T for horizontal joints. Provide polyethylene tape, coated paper, metal foil, or similar type bond breaker materials. The backup material needs to be compressible, nonshrink, nonreactive with the sealant, and a nonabsorptive material such as extruded butyl or polychloroprene foam rubber. Immediately prior to installation of field-molded sealants, clean the joint of all debris and further cleaned using water, chemical solvents, or other means as recommended by the sealant manufacturer or directed. 2.1.8 Formwork The design and engineering of the formwork as well as its construction, will be the responsibility of the Contractor. 2~1.9 Form Coatings Coat forms, for exposed surfaces, with a nonstaining form oil to be applied shortly before concrete is placed. 2.1.10 Vapor Barrier Provide polyethylene vapor barrier sheeting with a minimum thickness of 6 mils or other equivalent material having a vapor permeance rating not exceeding 0.5 perms as determined in accordance with ASTM E 96/E 96M. 2.1.11 Curing Materials Provide curing materials conforming to the following requirements. 2.1.11.1 Impervious Sheet Materials Impervious sheet materials, ASTM C 171, type optional, except polyethylene film, if used, shall be white opaque. 2.1.11.2 Membrane-Forming Curing Compound ASTM C 309, Type 1-D or 2, Class [A] [B] . 2.2 READY-MIX CONCRETE a. Concrete shall be ready-mix concrete with mix design data conforming to ACI MCP SET Part 2. Bill of Lading for each ready-mix concrete delivery shall be in accordance with ASTM C 94/C 94M. b. Non-exposed concrete elements: 3000 psi minimum compressive strength. c. Direct-exposed concrete elements (including air-conditioned rooms): 5000 psi minimum compressive strength as determined in 28 calendar days. SECTION 03 30 53 Page 7 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT d. Slump: Part 1. 1 to 4 inch according to ASTM C 143/C 143M and ACI MCP SET e. Portland Cement conforming to ASTM C 150/C 150M, Type II. f. Use one brand and type of cement for formed concrete having exposed-to-view finished surfaces. g. Air-Entraining Admixtures conforming to ASTM C 260. Exterior concrete exposed to freezing needs to be air-entrained 5 to 6 percent by volume. Nonalr-entrained interior concrete shall have a total air content of 2 to 4 percent by volume. h. Water-reducing admixtures, retarding admixtures, accelerating admixtures, water-reducing and accelerating admixtures, and water-reducing and retarding admixtures shall conform to ASTM C 494/C 494M. i. Fly Ash is required as an admixture and shall conform to ASTM C 618, Class C or F with 4 percent maximum loss on ignition and 35 percent maximum cement replacement by weight. Submit documentation in compliance with 40 CFR 247. 2.3 STEEL REINFORCEMENT 2.3.1 Deformed Steel Bars Provide steel bars conforming to ASTM A 615/A 615M, Grade [.60 ksi] [ ACI MCP SET Parts 2 and 3. 2.4 FORMS Forms shall be of wood, steel, or other approved material and conform to ACI MCP SET, Parts 2 and 3. Provide form release conforming to ACI MCP SET, Part 4. 2.5 ACCESSORIES 2.5.1 Curing Compound Provide curing compound conforming to ASTM C 309. PART 3 EXECUTION 3.1 PREPAP, ATION Prepare construction joints to expose coarse aggregate. The surface shall be clean, damp, and free of laitance. Construct ramps and walkways, as necessary, to allow safe and expeditious access for concrete and workmen. Remove snow, ice, standing or flowing water, loose particles, debris, and foreign matter. Earth foundations shall be satisfactorily compacted. Ensure spare vibrators are available. The entire preparation shall be accepted by the Government prior to placing. 3.1.1 Embedded Items Secure reinforcement in place after joints, anchors, and other embedded items have been positioned. Arrange internal ties so that when the forms SECTION 03 30 53 Page 8 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT are removed the metal part of the tie is not less than 2 inches from concrete surfaces permanently exposed to view or exposed to water on the finished structures. Embedded items shall be free of oil and other foreign matters such as loose coatings or rust, paint, and scale. The embedding of wood in concrete is permitted only when specifically authorized or directed. All equipment needed to place, consolidate, protect, and cure the concrete shall be at the placement site and in good operating condition. 3.1.2 Formwork Installation Forms shall be properly aligned, adequately supported, and mortar-tight. Provide smooth form surfaces, free from irregularities, dents, sags, or holes when used for permanently exposed faces. Chamfer all exposed joints and edges , unless otherwise indicated. 3.1.3 Production of Concrete 3.1.3.1 Ready-Mixed Concrete Provide ready-mixed concrete conforming to ASTM C 94/C 94M except as otherwise specified. 3.1.3.2 Concrete Made by Volumetric Batching and Continuous Mixing Concrete made by volumetric batching and continuous mixing shall conform to ASTM C 685/C 685M. 3.1.3.3 Batching and Mixing Equipment The Contractor has the option of using an on-site batching and mixing facility. The facility shall provide sufficient batching and mixing equipment capacity to prevent cold joints. Submit the method of measuring materials, batching operation, and mixer for review. Provide an On-site Plant conforming to the requirements of either ASTM C 94 or ASTM C 685. 3.2 CONVEYING AND PLACING CONCRETE Concrete placement is not permitted when weather conditions prevent proper placement and consolidation without approval. When concrete is mixed and/or transported by a truck mixer, deliver the concrete to the site of the work completing the discharge within 1-1/2 hours [or 45 minutes when the placing temperature is 86 degrees F or greater unless a retarding admixture is used]. Convey concrete from the mixer to the forms as rapidly as practicable by methods which prevent segregation or loss of ingredients. Concrete shall be in place and consolidated within 15 minutes after discharge from the mixer. Deposit concrete as close as possible to its final position in the forms and regulate it so that it may be effectively consolidated in horizontal layers 18 inches or less in thickness with a minimum of lateral movement. Carry on the placement at such a rate that the formation of cold joints will be prevented. Perform conveying and placing concrete in conformance with the following requirements. 3.2.1 Consolidation Consolidate each layer of concrete by [rodding, spading, or] internal vibrating equipment. [External vibrating equipment may be used when authorized.] Systematically accomplish internal vibration by inserting the vibrator through the fresh concrete in the layer below at a uniform spacing SECTION 03 30 53 Page 9 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT over the entire area of placement. The distance between insertions shall be approximately 1.5 times the radius of action of the vibrator and overlay the adjacent, just-vibrated area by approximately 4 inches. Ensure that the vibrator penetrates rapidly to the bottom of the layer and at least 6 inches into the layer below, if such a layer exists. Hold vibrator stationary until the concrete is consolidated and then withdraw it slowly at the rate of about 3 inches per second. 3.2.2 Cold-Weather Requirements No concrete is to be mixed or placed when the angpient temperature is below 36 degrees F or if the ambient temperature is below 41 degrees F and falling. Provide suitable covering and other means as approved for maintaining the concrete at a temperature of at least 50 degrees F for not less than 72 hours after placing and at a temperature above freezing for the remainder of the curing period. Do not mix salt, chemicals, or other foreign materials with the concrete to prevent freezing. Remove and replace concrete damaged by freezing at the expense of the Contractor. 3.2.3 Hot-Weather Requirements When the rate of evaporation of surface moisture, as determined by use of Figure 1 of ACI MCP SET Part 2, is expected to exceed 0.2 psf per hour, provisions for windbreaks, shading, fog spraying, or covering with a light-colored material shall be made in advance of placement, and such protective measures taken as quickly as finishing operations will allow. 3.2.4 Lifts in Concrete Deposit concrete in horizontal layers not to exceed 24 inches in thickness. Carry on placement at a rate that prevents the formation of cold joints. Place slabs in one lift. 3.3 FORM REMOVAL Do not remove forms before 24 hours after concrete placement, except as otherwise specifically authorized. Do not remove supporting forms and shoring until the concrete has cured for at least 5 days. When conditions require longer curing periods, forms shall remain in place. 3.4 FINISHING 3.4.1 Temperature Requirement Do not finish or repair concrete when either the concrete or the ambient temperature is below 50 degrees F. 3.4.2 Finishing Formed Surfaces Remove all fins and loose materials , and surface defects including filling of tie holes. Repair all honeycomb areas and other defects. Remove all unsound concrete from areas to be repaired. Surface defects greater than 1/2 inch in diameter and holes left by removal of tie rods in all surfaces not to receive additional concrete shall be reamed or chipped and filled with dry-pack mortar. Brush-coat the prepared area with an approved epoxy resin or latex bonding compound or with a neat cement grout after dampening and filling with mortar or concrete. The cement used in mortar or concrete for repairs to all surfaces permanently exposed to view shall be a blend of portland cement and white cement so that the final color when cured is the SECTION 03 30 53 Page 10 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT same as adjacent concrete. 3.4.3 Finishing Unformed Surfaces Float finish all unformed surfaces, that are not to be covered by additional concrete or backfill, to elevations shown, unless otherwise specified. Surfaces to receive additional concrete or backfill shall be brought to the elevations shown and left as a true and regular surface. Slope exterior surfaces for drainage unless otherwise shown. Carefully make joints with a jointing tool. Finish unformed surfaces to a tolerance of 3/8 inch for a float finish [and 5/16 inch for a trowel finish] as determined by a 10 foot straightedge placed on surfaces shown on the drawings to be level or having a constant slope. Do not perform finishing while there is excess moisture or bleeding water on the surface. No water or cement is to be added to the surface during finishing. 3.4.3.1 Float Finish Provide float finished surfaces, screeded and darbied or bullfloated to eliminate the ridges and to fill in the voids left by the screed. In addition, the darby or bullfloat shall fill all surface voids and only slightly embed the coarse aggregate below the surface of the fresh concrete. When the water sheen disappears and the concrete supports a person's weight without deep imprint, complete floating. Floating shall embed large aggregates just beneath the surface, remove slight imperfections, humps, and voids to produce a plane surface, compact the concrete, and consolidate mortar at the surface. 3.4.3.2 Broom Finish Apply a broom finish to [ ] . Screed and float the concrete to required finish plane with no coarse aggregate visible. After surface moisture disappears, broom or brush the surface with a broom or fiber bristle brush in a direction transverse to that of the main traffic or as directed. 3.4.3.3 Expansion and Contraction Joints Make expansion and contraction joints in accordance with the details shown or as otherwise specified. Provide 1/2 inch thick transverse expansion joints where new work abuts an existing concrete. Provide expansion joints at a maximum spacing of 30 feet on center in sidewalks [and at a maximum spacing of [__] feet in slabs], unless otherwise indicated. Provide contraction joints at a maximum spacing of 6 linear feet in sidewalks [and at a maximum spacing of [ ] feet in slabs], unless otherwise indicated. Cut contraction joints at a minimum of 1 inch deep with a jointing tool after the surface has been finished.] 3.5 CURING AND PROTECTION Beginning immediately after placement, and continuing for at least 7 days, except for concrete made with Type III cement, at least 3 days, cure and protect all concrete from premature drying, extremes in temperature, rapid temperature change, freezing, mechanical damage, and exposure to rain or flowing water. Provide all materials and equipment needed for adequate curing and protection at the site of the placement prior to the start of concrete placement. Accomplish moisture preservation of moisture for concrete surfaces not in contact with forms by one of the following methods: a. Continuous sprinkling or ponding. SECTION 03 30 53 Page 11 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT b. Application of absorptive mats or fabrics kept continuously wet. c. Application of sand kept continuously wet. d. Application of impervious sheet material conforming to ASTM C 171. e. Application of membrane-forming curing compound conforming to ASTM C 309, Type l-D, on surfaces permanently exposed to view. Accomplish Type 2 on other surfaces in accordance with manufacturer's instructions. Accomplish the preservation of moisture for concrete surfaces placed against wooden forms by keeping the forms continuously wet for 7 days [, except for concrete made with Type III cement, for 3 days]. If forms are removed prior to end of the required curing period, use other curing methods for the balance of the curing period. Do not perform protection removal if the temperature of the air in contact with the concrete may drop more than 60 degrees F within a 24 hour period. 3.6 TESTS AND INSPECTIONS 3.6.1 Field Testing Technicians The individuals who sample and test concrete, as required in this specification, shall have demonstrated a knowledge and ability to perform the necessary test procedures equivalent to the ACI minimum guidelines for certification of Concrete Field Testing Technicians, Grade I. 3.6.2 Inspection Details and Frequency of Testing 3.6.2.1 Preparations for Placing Inspect foundation or construction joints, forms, and embedded items in sufficient time prior to each concrete placement by the Contractor to certify that it is ready to receive concrete. 3.6.2.2 Air Content Check air content at least twice during each shift that concrete is placed for each class of concrete required]. Obtain samples in accordance with ASTM C 172 and tested in accordance with ASTM C 231. 3.6.2.3 Slump Check slump twice during each shift that concrete is produced for each class of concrete required. Obtain samples in accordance with ASTM C 172 and tested in accordance with ASTM C 143/C 143M. 3.6.2.4 Consolidation and Protection Ensure that the concrete is properly consolidated, finished, protected, and cured. 3.6.3 Action Required 3.6.3.1 Placing Do not permit placing to begin until the availability of an adequate number SECTION 03 30 53 Page 12 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT of acceptable vibrators, which are in working order and have competent operators, has been verified. Do not continue placing if any pile is inadequately consolidated. 3.6.3.2 Air Content Whenever an air content test result is outside the specification limits, adjust the dosage of the air-entrainment admixture prior to delivery of concrete to forms. 3.6.3.3 Slump Whenever a slump test result is outside the specification limits, adjust the batch weights of water and fine aggre§ate prior to delivery of concrete to the forms. The adjustments are to be made so that the water-cement ratio does not exceed that specified in the submitted concrete mixture proportion. 3.6.4 Reports Report the results of all tests and inspections conducted at the project site informally at the end of each shift. Submit written reports weekly. Deliver within 3 days after the end of each weekly reporting period. See Section 01 45 04.00 18 CONTRACTOR QUALITY CONTROL QUALITY CONTROL. 3.7 FORM WORK Form work shall conform to ACI MCP SET Parts 2 through 5. 3.7.1 Preparation of Form Surfaces Forms shall be true to line and grade, mortar-tight, and sufficiently rigid to prevent objectionable deformation under load. Form surfaces for permanently exposed faces shall be smooth, free from irregularities, dents, sags, or holes. Chamfer exposed joints and exposed edges. Arrange internal ties so that when the forms are removed, the form ties are not less than 2 inches from concrete surfaces permanently exposed to view or exposed to water on the finished structure. 3.7.2 Form Coating Coat forms, for exposed surfaces, with a nonstaining form release coating applied shortly before concrete is placed. Forms for unexposed surfaces may be wetted in lieu of coating immediately before the placing of concrete, except that in freezing weather form release coating shall be used. 3.7.3 Removal of Forms Remove forms carefully to prevent damage to the concrete. Do not remove forms before the expiration of the minimum time indicated below: Arches, beams and deck-type slabs 144 hours Columns and walls (lifts 15 feet and under) 24 hours Columns and walls (lifts over 15 feet) 48 hours SECTION 03 30 53 Page 13 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 3.8 STEEL REINFORCING Reinforcement shall be free from loose, flaky rust and scale, and free from oil, grease, or other coating which might destroy or reduce the reinforcement's bond with the concrete. 3.8.1 Fabrication Shop fabricate steel reinforcement in accordance with ACI MCP SET Parts 2 and 3. Shop details and bending shall be in accordance with ACI NCP SET Parts 2 and 3. 3.8.2 Splicing Perform splices in accordance with ACI MCP SET Parts 2 and 3. 3.8.3 Supports Secure reinforcement in place by the use of metal or concrete supports, spacers, or ties. 3.9 EMBEDDED ITEMS Before placing concrete, take care to determine that all embedded items are firmly and securely fastened in place. Provide embedded items free of oil and other foreign matter, such as loose coatings of rust, paint and scale. Embedding of wood in concrete is permitted only when specifically authorized or directed. 3.10 CHEMICAL-HARDENER TREATMENT Apply Liquid-Chemical Floor Hardener where indicated, after curing and drying concrete surface. Dilute liquid hardener with water and apply in three coats. First coat shall be one-third strength, second coat one-half strength, and third coat two-thirds strength. Apply each coat evenly and allow it to dry 24 hours before applying next coat. Apply proprietary chemical hardeners in accordance with manufacturer's printed directions. 3.11 FIELD TESTING a. Provide samples and test concrete for quality control during placement. Sampling of fresh concrete for testing shall be in accordance with ASTM C 172. b. Test concrete for compressive strength at 7 and 28 days for each design mix. Concrete test specimens shall conform to ASTM C 31/C 31M. Perform Compressive strength testing conforming to ASTM C 39/C 39M. c. Test Slump at the [plant] [site of discharge] for each design mix in accordance with ASTM C 143/C 143M. d. Test air content for air-entrained concrete in accordance with ASTM C 231. Test concrete using lightweight or test extremely porous aggregates in accordance with ASTM C 173/C 173M. e. Determine temperature of concrete at time of placement in accordance with ASTM C 1064/C 1064M. -- End of Section -- SECTION 03 30 53 Page 14 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 03 30 53 Page 15 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 31 05 22 GEOTEXTILES USED AS FILTERS 08/08 PART 1 GENERAL UNIT PRICES 1.1.1 Payment Payment will be made at the contract unit price and will constitute full compensation to the Contractor for providing all plant, labor, material, and equipment and performing all operations necessary for the complete and satisfactory installation of the geotextile. The following items are included in the contract unit price for Geotextiles and will not be counted a second time in the process of determining the extent of geotextile placed: Material and associated equipment and operation used in laps, seams, or extra length; securing pins and associated material, equipment, and operations. No payment will be made for geotextiles replaced because of waste, contamination, damage, repair, or due to Contractor fault or negligence. 1.1.2 Measurement Installed geotextiles will be measured for payment in place to the nearest square feet of protected area as delineated in the drawings. 1.1.3 Unit of Measure Unit of measure: square feet. 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. ASTM INTERNATIONAL (ASTM) ASTM D 123 (2009) Terminology Relating to Textiles ASTM D 4355 (2007) Deterioration of Geotextiles from Exposure to Light, Moisture and Heat in a Xenon-Arc Type Apparatus ASTM D 4491 (1999a; R 2009) Water Permeability of Geotextiles by Permittivity ASTM D 4533 (2004; R 2009) Trapezoid Tearing Strength of Geotextiles ASTM D 4632 (2008) Grab Breaking Load and Elongation of Geotextiles ASTM D 4751 (2004) Determining Apparent Opening Size of a Geotextile SECTION 31 05 22 Page 1 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT ASTM D 4833 (2007) Index Puncture Resistance of Geotextiles, Geomembranes, and Related Products ASTM D 4873 (2002; R 2009) Identification, Storage, and Handling of Geosynthetic Roils and Samples ASTM D 4884 (2009) Strength of Sewn or Thermally Bonded Seams of Geotextiles U.S. ARMY CORPS OF ENGINEERS (USACE) (1994; Change 1) Hydraulic Design of Flood Control Channels 1.3 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 00.00 18 SUBMITTAL PROCEDURES: SD-04 Samples Geotextile Geotextile samples for testing, if requested, to determine compliance with the requirements in this specification, a minimum of 5 days prior to the beginning of installation of the same textile. Upon delivery of the geotextile, submit duplicate copies of the written certificate of compliance signed by a legally authorized official of the manufacturer. The certificate shall state that the geotextile shipped to the site meets the chemical requirements and exceeds the minimum average roll value listed in TABLE 1. Upon request, supply quality control and quality assurance tests for the geotextile. Provide all samples from the same production lot as will be supplied for the contract, of the full manufactured width of the geotextile by at least 10 feet long, except that samples for seam strength may be a full width sample folded over and the edges stitched for a length of at least 5 feet. Samples submitted for testing shall be identified by manufacturers lot designation. For needle punched geotextile, the manufacturer shall certify that the geotextile has been inspected using permanent on-line metal detectors and does not contain any needles. SD-07 Certificates Geotextile Manufacturer's certification of the geotextile material. 1.4 DELIVERY, STORAGE, AND HANDLING Deliver only approved geotextile rolls to the project site. Ail geotextile shall be labeled, shipped, stored, and handled in accordance with SECTION 31 05 22 Page 2 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT ASTM D 4873. No hooks, tongs, or other sharp instruments shall be used for handling geotextile. PART 2 PRODUCTS 2.1 MATERIALS 2.1.1 Geotextile 2.1.1.1 General Provide geotextile that is a woven pervious sheet of plastic yarn as defined by ASTM D 123 matching or exceeding the minimum average roll values listed in TABLE 1. Strength values indicated in the table are for the weaker principal direction. TABLE 1 MINIMUM PHYSICAL REQUIREMENTS FOR DRAINAGE GEOTEXTILE PROPERTY UNITS ACCEPTABLE VALUES TEST METHOD GRAB STRENGTH lb 220 ASTM D 4632 SEAM STRENGTH lb 198 ASTM D 4632 PUNCTURE lb 119 ASTM D 4833 TRAPEZOID TEAR lb 40 ASTM D 4533 PERMEABILITY cm/sec 0.1 ASTM D 4491 APPARENT OPENING SIZE U.S. SIEVE 70 ASTM D 4751 PERMITTIVITY sec -1 0.1 ASTM D 4491 ULTRAVIOLET DEGRADATION Percent 50 AT 500 Hrs 50 AT 500 Hrs ASTM D 4355 2.1.1.2 Geotextile Fiber Fibers used in the manufacturing of the geotextile shall consist of a long-chain synthetic polymer composed of at least 85 percent by weight of polyolefins, polyesters, or polamides. Add stabilizers and/or inhibitors to the base polymer, if necessary to make the filaments resistant to deterioration caused by ultraviolet light and heat exposure. Reclaimed or recycled fibers or polymer shall not be added to the formulation. Geotextile shall be formed into a network such that the filaments or yarns retain dimensional stability relative to each other, including the edges. Finish the edges of the geotextile to prevent the outer fiber from pulling away from the geotextile. 2.1.2 Seams Sew the seams of the geotextile with thread of a material meeting the chemical requirements given above for geotextile yarn or bond the seams by cementing or by heat. Attach the sheets of geotextile at the factory or SECTION 31 05 22 Page 3 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT another approved location, if necessary, to form sections not less than 12 feet wide. Test seams in accordance with method ASTM D 4884. The strength of the seam shall be not less than 90 percent of the required grab tensile strength of the unaged geotextile in any principal direction. 2.1.3 Securing Pins Secure the geotextile to the en~ankment or foundation soil by pins to prevent movement prior to placement of revetment materials. Other appropriate means to prevent movement such as staples, sand bags, and stone could also be used. Insert securing pins through both strips of overlapped geotextile along the line passing through midpoints of the overlap. Remove securing pins as placement of revetment materials are placed to prevent tearing of geotextile or enlarging holes. Maximum spacing between securing pins depends on the steepness of the embankment slope. The maximum pins spacing shall be equal to or less than the values listed in TABLE 2. When windy conditions prevail at the construction site, increase the nund~er of pins upon the demand of the Contracting Officer. Anchor terminal ends of the geotextile with key trench or apron at crest, toe of the slope and upstream and downstream limits of installation. TABLE 2 MAXIMUM SPACING FOR SECURING PINS EMBANKMENT SPACING, feet STEEPER THAN lV ON 3H 2 1V ON 3H TO 1V ON 4H 3 FLATTER THAN 1V ON 4H 5 2.2 INSPECTIONS, VERIFICATIONS, AND TESTING 2.2.1 Manufacturing and Sampling Geotextiles and factory seams shall meet the requirements specified in TABLE 1. Perform conformance testing in accordance with the manufacturers approved quality control manual. 2.2.2 Site Verification and Testing Collect samples at approved locations upon delivery to the site at the request of the Contracting Officer. Test samples to verify that the geotextile meets the requirements specified in TABLE 1. Identify samples by manufacturers name, type of geotextile, lot number, roll number, and machine direction. Perform testing at an approved laboratory. Submit test results from the lot under review for approval prior to deployment of that lot of geotextile. Rolls which are sampled shall be immediately rewrapped in their protective covering. PART 3 EXECUTION 3.1 SURFACE PREPAPJtTION Prepare surface, on which the geotextile will be placed, to a relatively smooth surface condition in accordance with the applicable portion of this SECTION 31 05 22 Page 4 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT specification and shall be free from obstruction, debris, depressions, erosion feature, or vegetation. Remove any irregularities so as to ensure continuous, intimate contact of the geotextile with all the surface. Any loose material, soft or low density pockets of material, shall be removed; erosion features such as rills, gullies etc. shall be graded out of the surface before geotextile placement. 3.2 INSTALLATION OF THE GEOTEXTILE 3.2.1 General Place the geotextile in the manner and at the locations shown. At the time of installation, reject the geotextile if it has defects, rips, holes, flaws, deterioration or damage incurred during manufacture, transportation or storage. 3.2.2 Placement Place the geotextile with the long dimension perpendicular to the shoreline and laid smooth and free of tension, stress, folds, wrinkles, or creases. Place the strips to provide a minimum width of 36 inches of overlap for each joint. The placement procedure requires that the length of the geotextile be approximately 30 percent greater than the slope length. Adjust the actual length of the geotextile used based on initial installation experience. Temporary pinning of the geotextile to help hold it in place until the bedding layer is placed will be allowed. Remove the temporary pins as the bedding is placed to relieve high tensile stress which may occur during placement of material on the geotextile. Design protection of riprap shll be in compliance with EM 1110-2-1601. Perform trimming in such a manner that the geotextile is not damaged in any way. 3.3 PROTECTION Protect the geotextile at all times during construction from contamination by surface runoff; remove any geotextile so contaminated and replaced with uncontaminated geotextile. Replace any geotextile damaged during its installation or during placement of bedding materials at no cost to the Government. Schedule the work so that the covering of the geotextile with a layer of the specified material is accomplished within 7 calendar days after placement of the geotextile. Failure to comply shall require replacement of geotextile. Protect the geotextile from damage prior to and during the placement of riprap or other materials. This may be accomplished by limiting the height of drop to less than 1 foot, or other methods deemed necessary. Before placement of riprap or other materials, demonstrate that the placement technique will not cause damage to the geotextile. In no case shall any type of equipment be allowed on the unprotected geotextile. 3.4 PLACEMENT OF CUSHIONING MATERIAL Perform placing of cushioning material in a manner to ensure intimate contact of the geotextile with the prepared surface and with the cushioning material. The placement shall also be performed in a manner that will not damage the geotextile including tear, puncture, or abrasion. On sloping surfaces place the cushioning material from the bottom of the slopes upward. During placement, the height of the drop of riprap material shall not be greater than 12 inches. Uncover any geotextile damaged beneath the cushioning material, as necessary, and replaced at no cost to the Government. SECTION 31 05 22 Page 5 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 3.5 OVERLAPPING AND SEAMING 3.5.1 Overlapping The overlap of geotextile rolls shall be 36 inches. Appropriate measures will be taken to ensure required overlap exists after cushion placement. 3.5.2 Sewn Seams High strength thread should be used so that seam test conforms to ASTM D 4884. The thread shall meet the chemical, ultraviolet, and physical requirements of the geotextile, and the color shall be different from that of the geotextile. The seam strength shall be equal to the strength required for the geotextile in the direction across the seam. Overlapping J-type seams are preferable over prayer-type seams as the overlapping geotextile reduces the chance of openings to occur at the seam. Use double sewing, specially for field seams, to provide a safety factor against undetected missed stitches. -- End of Section -- SECTION 31 05 22 Page 6 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 31 23 15 EXCAVATION, BACK FILL FILL ~ BEACH FILL Item NO. Excavation, Back Fill and Beach Fill PART 1 GENERAL 1.1 SCOPE The work covered by this section consists of furnishing all labor, materials and equipment, and performing all operations required for excavation of material for construction of one seawall extension as shown on the contract drawings, sorting, transporting and stockpiling material, disposal of unsuitable material, and placing suitable material as backfill or beach fill within the limits specified herein and shown on the drawings. 1.2 DEFINITIONs 1.2.1 Hard Materials Weathered rock, dense consolidated deposits, or conglomerate materials which are not included in the definition of "rock" but which usually require the use of heavy excavation equipment, ripper teeth, or jack hammers for removal. 1.2.2 ROCK Solid homogeneous interlocking crystalline material with firmly cemented, laminated, or foliated masses or conglomerate deposits, neither of which can be removed without systematic drilling and blasting, drilling and the use of expansion jacks or feather wedges, or the use of backhoe-mounted pneumatic hole punchers or rock breakers; also large boulders, buried masonry, or concrete other than pavement exceeding 1.5 feet in diameter. 1.3 CRITERIA FOR BIDDING Base the bids on the following criteria: a. Surface elevations as indicated. b. Hard material and rock will be encountered. c. Suitable backfill in the quantities required is available at the project site. d. Blasting will not be permitted. Remove material in an approved manner. 1.3.1 Placement of Material from Excavation as Back Fill and Beach Fill Ail suitable sand and gravel material obtained from excavation for construction of the seawall may be used as back fill. Suitable excavated material in excess of the backfill requirements shall be used as beach fill. Excess suitable excavated materials shall be stockpiled for future use as directed by the Contracting Officer. SECTION 31 23 15 Page 1 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 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. The following shall be submitted in accordance with Section 01 33 00.00 18 SUBMITTAL PROCEDURES: SD-01 Preconstruction Submittals Qualifications; G, RO Provide qualifications of licensed surveyor for land and hydrographic surveying. SD-03 Data After-Beachfill Placement Surveys; G, RO After-beach fill cross-sections shall be obtained not more than 24 hours following placement and final grading of beach fill. The surveys shall be performed as required in paragraph ACCEPTANCE SURVEYS in Section 00 80 00 SPECIAL CONTRACT REQUIREMENTS. SD-06 Reports Surveying Procedures and Equipment; G, RO All surveying procedures, methods and equipment for after-beachfill placement survey. 1.5 CONTROL QUALITY CONTROL See Section 01 45 04.00 18 CONTRACTOR QUALITY CONTROL. 1.6 MEASUREMENT A/qD PAYMENT 1.6.1 Measurement Bid Item - Excavation, Back Fill and Beach Fill will be paid as a lump sum. 1.6.2 Payment Payment for Bid Item - Excavation, Back Fill and Beach Fill will be made as a lump sum. Payment for this bid item will include full compensation for excavation, sorting of materials, debris removal, transport and stockpiling of materials, back fill, beach fill, performing all required surveys, and disposal of unsuitable material. PART 2 PRODUCTS 2.1 Back Fill and Beach Fill 2.1.1 Satisfactory Materials Any materials classified by ASTM D 2478 as GW, GP, GM, GP-GM, GW-GM, SW, SP, free of debris, roots, wood, scrap material, vegetation, refuse, soft unsound particles, and frozen, deleterious, or objectionable materials. SECTION 31 23 15 Page 2 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT Clean, coarse-grained sand or clean, coarsely graded natural gravel excavated from the site may be used as back fill and beach fill. 2.1.2 Unsatisfactory Materials Materials which do not comply with the requirements for satisfactory materials. Unsatisfactory materials also include man-made fills, trash, refuse, or backfills from previous construction. Unsatisfactory material also includes material classified as satisfactory which contains root and other organic matter, frozen material and stones larger than 1/2 the placement layer thickness. The Contracting Officer shall be notified of any contaminated materials. PART 3 EXECUTION 3.1 GENERAL Shoreline area conditions are dynamic in nature. Conditions existing during the preparation of this contract may not be an accurate representation of the beach area conditions existing at the commencement of construction. Consequently, the Contractor shall verify site conditions within 30 days after the Notice to Proceed, prior to excavation. 3.1.1 Underground and Aboveground Utilities Utilities at the project site were relocated by prior contract, as shown on the contract drawings. The Contractor shall physically verify the location and elevation of the existing utilities indicated prior to starting construction. The Contractor shall contact the NYSDOT for assistance in locating existing utilities. 3.1.2 Machinery and Equipment Movement of construction machinery and equipment over pipes during construction shall be at the Contractor's risk. Repair, or remove and provide new pipe for existing or newly installed pipe that has been displaced or damaged. 3.2 SURFACE PREPARATION 3.2.1 Clearing and Grubbing Unless indicated otherwise, remove trees, stumps, logs, shrubs, brush and vegetation and other items that would interfere with construction operations within the construction limits. Remove stumps entirely. Grub out matted roots and roots over 50 mm 2 inches in diameter to at least 18 inches below existing surface. 3.3 EXCAVATION Excavate to contours, elevation, and dimensions indicated. Reuse excavated materials that meet the specified requirements for the material type required at the intended location. Excavation below indicated depths will not be permitted except to remove unsatisfactory material. Unsatisfactory material encountered below the grades shown shall be removed as directed. Refill with satisfactory material. Unless specified otherwise, refill excavation cut below indicated depth with satisfactory material. Satisfactory material removed below the depths indicated, without specific direction of the Contracting Officer, shall be replaced with satisfactory SECTION 31 23 15 Page 3 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT materials to the indicated excavation grade. Determination of elevations and measurements of approved overdepth excavation of unsatisfactory material below grade indicated shall be done under the direction of the Contracting Officer. 3.3.1 Hard Material and Rock Excavation Remove hard material and rock to elevations indicated in a manner that will leave foundation material in an unshattered and solid condition. 3.3.2 Excavated Materials Satisfactory excavated material required for beach fill or backfill shall be placed in the proper section of the permanent work required or shall be separately stockpiled if it cannot be readily placed. Satisfactory material in excess of that required for the permanent work and all unsatisfactory material shall be disposed of as directed by the Contracting Officer. 3.3.3 Final Grade of Surfaces to Support Concrete Excavation to final grade shall not be made until just before concrete is to be placed. 3.3.4 Removal and Placement of Existing Stone See Section 35 31 19 STONE STRUCTURES for details. 3.4 PLACEMENT OF BEACH FILL 3.4.1 General Beach fill material shall be placed and shaped to the beach fill template lines, grades, slopes, and elevations shown on the drawings following acceptance of stone sections, at the direction of the Contracting Officer. There shall be no pronounced ridges or wash holes in the final grades and slopes unless otherwise indicated. A vertical tolerance of plus or minus 6 inches will be permitted on the grades and slopes. The Contractor shall conduct his work operations so that no areas landward of the work limits shown on the drawings are disturbed. Any material that is deposited elsewhere than in locations designated or approved by the Contracting Officer will not be paid for and the Contractor may be required to remove such material, and deposit it where directed at his expense. If quantity of beach fill material from excavation is not sufficient to fill the templates shown on the drawings, place available beach fill material within the templates as directed by the Contracting Officer. 3.5 FINISH OPERATIONS 3.5.1 Grading Grade areas to drain water away from structures. Maintain areas free of trash and debris. For existing grades that will remain but which were disturbed by Contractor's operations, grade as directed. SECTION 31 23 15 Page 4 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 3.5.2 Protection of Surfaces Protect newly backfilled and, graded areas from traffic, erosion, and settlements that may occur. Repair or reestablish damaged grades, elevations, or slopes. 3.6 DISPOSAL OF UNSUITABLE MATERIALS Unsuitable material shall be disposed of offsite. Local, state and federal regulations regarding hauling and disposal shall apply. Unsuitable, sorted stone free from other unsuitable debris shall be disposed of on-site as shown on the contract drawings or as directed by the Contracting Officer. -- End of Section -- SECTION 31 23 15 Page 5 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT SECTION 35 31 19 STONE STRUCTURES P~RT 1 GENERAL 1.1 SCOPE The work to be done under this section consists of providing all plant, labor, equipment, and materials in order to perform the extension of the Town of Southhold Seawall. 1.2 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. The following shall be submitted in accordance with Section 01 33 00.00 18 SUBMITTAL PROCEDURES: SD-01 Preconstruction Submittals Location of staging area; G, RO Loading/offloading plan; G, RO Notification to Coast Guard SD-04 Samples Quarry; G, RO On-site examination SD-06 Test Reports Stone Quality Test Results; G, RO SD-07 Certificates Scale Accuracy Certification Material Weight Receipts Barge Tonnage Displacement Table Submit certificates of compliance attesting that the materials meet specification requirements. SD-10 Other Submittals Surveys: During construction, post-construction; G, RO SD-11 Closeout Submittals Quality Control Records 1.3 CONTRACTOR OPERATIONS AND STORAGE AREAS The Contractor shall be required to coordinate the location of any required SECTION 35 31 19 Page 1 Emergency Shoreline Protection, Orient ~arbor, Southhold, NY ORIENT land work areas he deems necessary for work associated with loading, unloading, hauling, stockpiling, etc. for all materials and equipment required to complete the contract work beyond the Contractor's working area shown on the contract drawings. The location of any additional required land work areas shall be coordinated with the Contracting Officer and shall be secured at the Contractor's expense. A copy of a usage agreement with the landowner, including any special conditions regarding the use, shall be furnished to the Contracting Officer. The Contractor shall be required to obtain any necessary permits required for use of any Contractor furnished work areas. Upon completion of the work, the Contractor shall be responsible for cleaning up any land-based site utilized for his operations and complying with all requirements contained in the usage agreement. The Contractor shall obtain a release from the landowner and furnish a copy to the Contracting Officer for review prior to final payment for this contract. 1.3.1 Roadways The Contractor's operations shall comply with all federal, state and local laws and ordinances. The Contractor shall use established roadways or construct temporary roadways approved by the Contracting Officer. All vehicles used for transporting materials over roadways shall not be loaded beyond the capacity recommended by the vehicle manufacturer or prescribed by federal, state, or local laws or regulations. 1.3.2 Loading/Off-Loading Facilities The Contractor shall submit a plan outlining his proposed means to transport and receive material and equipment at the project site to the Contracting Officer for approval within 5 days after acknowledgement of the Notice to Proceed. The plan shall include provisions for ensuring that all navigable waterways adjacent to loading/off-loading facilities are not obstructed by the Contractor's operations. The Contractor shall be responsible for complying with all U.S. Coast Guard rules and regulations including but not limited to the installation and maintenance of appropriate aids to navigation, signal lights, etc. At least 15 days prior to the initiation of in-water work, the Contractor shall also submit notification to the U.S. Coast Guard regarding the proposed work and working area for publication in the Local Notice to Mariners. 1.3.3 Illumination The area where work is in progress shall be floodlighted during hours of darkness. Illumination shall be provided by using portable light equipment. A minimum of 3 foot-candles of illumination shall be maintained within a 50-ft. radius of placement operations. 1.3.4 Codes, Ordinances and Statutes The Contractor shall familiarize himself with, and comply with, all applicable codes, ordinances, and statutes and bear sole responsibility for the penalties imposed for noncompliance. 1.4 MOBILIZATION AND DEMOBILIZATION 1.4.1 Payment The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item. SECTION 35 31 19 Page 2 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 1.4.1.1 Mobilization Sixty percent (60%) of the lump sum price upon completion of the Contractor's mobilization at the work site. 1.4.1.2 Demobilization The remaining forty percent (40%) upon completion of demobilization. 1.4.2 Justification The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs 1.4.1.1 and 1.4.1.2 above do not bear a reasonable relation to the cost of the work in this contract. 1.4.2.1 Failure to Justify Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of: a. Actual mobilization costs at completion of mobilization. b. Actual demobilization costs at completion of demobilization. c. The remainder of this item in the final payment under this 1.4.3 No Appeal of Determination The Contracting Officer's determination of the actual costs in paragraph 1.4.2.1 above is not subject to appeal. 1.5 QUALITY CONTROL The Contractor shall establish and maintain quality control on placement operations to assure compliance with contract requirements and maintain records of his quality control for all construction. A copy of the following records and Contractor tests, as well as the records of corrective actions taken, shall be furnished to the Government as directed by the Contracting Officer: a. Tests to determine quality of stone b. Determination of proper gradation of stone by weight c. Control of stone placement by vertical and horizontal alignment to lines and grades indicated in the contract d. Records of all stones on hand and placed to date e. Records of all loads that have been rejected Records of all quantity surveys performed 1.6 MEASUREMENT AND PAYMENT 1.6.1 Stone Criteria Measurement for new armor and bedding layer stone will be the weight of the stone in tons or pounds as determined by scale weight, barge displacement, or other approved method. Any material (stone or concrete) removed shall be weighted by scale weight, barge displacement, or other approved method as a basis for payment prior to placement or disposal. Measurement will SECTION 35 31 19 Page 3 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT not be made for unsuitable stone delivered to the site. The estimated amounts of armor stone and bedging stone shown on the unit price schedule were based upon stone weighing 165 pounds per cubic foot and a void ratio of 37% for armor stone and 20% for bedding stone. 1.6.2 Palrment 1.6.2.1 Payment Divisions Stone will be paid for at the contract price per ton installed for: Item - Class-A Armor Stone and Armor Toe Stone Item - Class-B Bedding Layer Stone Item - Remove and Remove/Reset Existing Stone Ail acceptably placed bedding stone will be paid for. Payment will be deducted for bedding stone and armor stone placed above the plus tolerances indicated in paragraph 3.4. 1.6.2.2 Scope of Payment Prices and payments for the above listed items will constitute full compensation for all labor, equipment, and materials; and performing all work required to complete the satisfactory placement of the stone and removal and placement of existing stone in accordance with the drawings and specifications. PART 2 PRODUCTS 2.1 STONE QUALITY Ail new stone used in the work shall be sound, compact, hard, dense, durable stone of good quality and highly resistant to weathering and disintegration due to wetting and drying and alternate freezing and thawing. The stone shall be free from seams, fissures, planes of weakness, blasting cracks or other undesirable qualities which might contribute to crumbling or breaking during handling and placing in the seawall or later weathering. It shall be free of all foreign material and shall weight no less than 165 pounds per cubic foot, dry in air. 2.2 TESTING OF MATERIALS PRIOR TO COMMENCEMENT OF WORK A certificate from a reputable commercial laboratory of physical tests performed on the stone proposed for use and an on-site examination of the proposed quarry shall be submitted by the bidder with his bid and shall cover the following: Test Minimum Requirement 1. Geological Classification 2. Specific Gravity & Unit Weight 3. Absorption 4. Abrasion 5. Wetting and drying See paragraph 2.1 Specific gravity, dry in air, to 3 decimal places, not less than 2.60; Unit weight not less than 165 pounds per cubic foot Not more than 1.0% Not more than 25% loss in 1000 revolutions (coarse aggregate size) No major progressive cracking (35 SECTION 35 31 19 Page 4 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 6. Freezing and thawing 7. Field drop test cycles) Largely unaffected (20 cycles) No breakage or cracking 8. Examination of quarry to determine that seams, dikes, veins, cleavage planes, or other planes of weakness are spaced at sufficient intervals that rock of the maximum sizes specified are obtainable. Ail stone testing shall be performed in accordance with procedures as outlined in the Rock Testing Handbook (U.S. Army Engineer Waterways Experiment Station, available from the National Technical Information Service, Springfield, VA 22151, 703-606-6000, http://www.ntis.gov or on-line at http://www.wes.army.mil/SL/MTC/mtc.htm). The decision of the Contracting Officer regarding the suitability of the stone for use in the seawall shall be final. 2.3 TESTING MATERIALS AND INSPECTION DURING PROGRESS OF WORK The new stone to be used will be accepted only after its suitability has been established to the satisfaction of the Contracting Officer. All additional tests considered necessary during the progress of the work on stone from an approved quarry will be made by the Government at its expense. The stone will be inspected at the quarries before shipment and at the site of the work prior to placement in the seawall. Preliminary approval of the samples submitted or of the quarry shall not be construed as a waiver of the right of the Government to reject any stone which does not comply with the specifications. If, after award of the contract, the Contractor proposed to use stone from a quarry other than the quarry stated in his bids, its acceptance will be subject to the approval of the Contracting Officer. A certificate of physical tests and an on-site examination of the new quarry, as outlined in 2.2, above, shall be furnished by the Contractor at his expense. 2.4 STONE WEIGHTS 2.4.1 General The weight of all stone placed in the seawall shall be determined by the unit of a short ton of 2000 pounds, or pounds. The weight of stone accepted and placed in the seawall may be determined either by displacement of the vessel in which the stone is delivered at the site of the work or it may be determined by actually weighting at the quarry or at the site of the work. If stone is delivered by railroad, certified bill of lading weights will be accepted. If the weight of stone is determined by the displacement of vessel, the standard procedure for measuring leads by displacement will be used. The tonnage of displacement will be based on 32 cubic feet of water as equivalent to one short ton. The vessels to be used shall be subject to the approval of the Contracting Officer. If the weight is determined by actually weighting the stone, the accuracy of the scales shall be verified by a properly accredited official. The weighting of the stone shall be done by a certified weigher in the presence of a representative of the Contracting Office. A certified statement of the gross and net weights for each shipment of stone covered by a weigh ticket included in the cargo shall be furnished to the Contracting Office. 2.4.2 Cost of Weighing Ail expenses of and incident to determining the weight of stone delivered or rehandled on the work, whether by displacement of vessels or scale SECTION 35 31 19 Page 5 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT weights including the measurement of vessels and furnishing and certifying of scales shall be borne by the Contractor and included in the contract unit price for furnishing and placing stone. 2.5 SHAPE OF STONE Ail stone shall be rough and angular in shape with the least principal dimensions not less than one-third the greatest dimension. Not more than 2 percent of clean spalls resulting from loading, unloading and shipment will be allowed in any one barge or carload of armor cap stone. Flat slabs, boulders and parts of boulders will be rejected. CONDEMNED MATERIAL Should the Contractor introduce any stone or other material of a different quality than herein described or implied, or should any material proposed to be used in the work be condemned by the Contracting Officer as unsuitable, it shall on the written notice of such condemnation from the Contracting Officer be removed at the Contractor's expense, and material which conforms to the requirements shall be furnished and installed. 2.7 CL~SSIFICATION The following classification tables give the required weights of armor stone, toe stone, and bedding stones in pounds based on a unit weight of not less that 165 lbs. per cubic foot. The material shall be well graded and possess grading curves that do not exhibit abrupt changes in slope denoting skip grading, scalping of certain sizes, or any other irregularities. The gradations are those required for materials after they are in final position on the seawall. 2.7.1 Armor Stone Gradation Gradation requirements for acceptable armor stone shall be as follows: ARMOR STONE CLASS A Weight(pounds) Percent Lighter by Weight 1880 100 1500 50 1125 0 2.7.2 Armor Toe Stone Gradation requirements for acceptable armor toe stone shall be as follows: ARMOR TOE STONE CLASS A Weight(pounds) Percent Lighter by Weight 4500 100 1500 0 2.7.3 Bedding Layer Stone Gradation requirements for acceptable bedding layer stone shall be as follows: SECTION 35 31 19 Page 6 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT BEDDING LAYER STONE CLASS B Weight(pounds) Percent Lighter by Weight 25 100 15 50 4 0 Class B bedding layer stone shall be free from silt, clay, organic material, debris or other unsuitable material. The required weight of the bedding stone is based on a minimum unit weight of 165 lbs. per cubic foot. The stone shall be of the quality specified in paragraph 2.1. above 2.7.4 Handling Breakage If any armor stone is broken in handling after being weighed for pay quantity determination, the broken pieces may, upon approval, be reclassified and placed in a lower weight class stone if they meet the requirements for that class stone. PART 3 EXECUTION 3.1 STONE DISTRIBUTION Ail materials to be deposited in the seawall shall be placed by means such as a crane or derrick to the required cross section and as needed for the type of stone being placed. Material to be deposited below MLW may be placed by means that will obtain the required cross section and purpose of the stone. 3.1.1 Armor Stone Construction Armor stone shall be placed to the thickness and sizes shown on the contract drawings in a manner to avoid displacing underlying materials. The material shall be placed in a manner that will not result in breakage of armor stone or underlying bedding stone. Armor stone shall not be cast or dropped from a height greater than 2 feet. Armor stone shall be placed in a manner to produce a resultant well-graded mass of stone with minimum voids and maximum interlocking. Armor stone shall make contact with adjacent stones on a minimum of three faces. Continuous joints shall not be permitted between adjoining stones. All stones shall be placed into a stable, keyed, and interlocked position. No overhanging or perched stones shall be allowed. Armor stone placement shall begin at the base (toe) of the seawall (except at transition sections to the existing stone surface) overlying the bedding layer with the armor toe stone and proceed toward the crest by placing stone to the full layer thickness before advancing upward. The final finish of the slope shall be done as material is placed. NO placement or finishing of the layer by drifting and manipulating the armor stone downslope shall be permitted except at the above-indicated transitions. A minimum amount of shim stone will be allowed to maximize the interlocking of the outer armor surface only with the approval of the Contracting Officer. 3.1.2 Bedding Layer Stone Construction The material shall be handled and placed in such a manner as to minimize segregation and provide a well-graded bedding layer. If the materials are placed by clam shell, dragline or other similar equipment, the stone shall not be dropped from a height exceeding two (2) foot above underlying surface. Prior to armor placement, a survey will establish that the bedding layer stone surface is essentially as shown on the contract SECTION 35 31 19 Page 7 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT drawings. The bedding layer stone for a majority, if not all, of the work shall be placed first, starting at the seawall toe and proceeding toward the crest. In the event an unprotected section of bedding layer stone is damaged, or causes damage to a completed section, the damages shall be repaired and/or replaced to the approval of the Contracting Officer, at no additional cost to the Government. The Government shall be advised as to any and all situations that may result in a possible interruption of the work. 3.1.3 Armor Toe Stone Construction The Contractor shall construct the armor stone toe in segments no greater than 50 feet in length. Stones shall be placed in such a manner as to avoid displacing underlying materials, placing undue impact force on underlying materials and to minimize cracking and chipping of stones. 3.1.4 Removal & Placement of Existing Stone Existing seawall stone as indicated on the contract drawings shall be removed and measured. Removed stone meeting requirements of Part 2 shall be reused in the new work. Removed stone which does not meet requirements of Part 2 shall be disposed of as directed by the Contracting Officer at the toe of the seawall or at the NYSDOT designated location. Additional on-site disposal locations will be as identified by the Contracting Officer, if necessary. Payment for stone disposal will be included in Item - Remove and Remove/Reset Existing Stone. 3.1.5 Protection During Suspension of Work Should work be suspended for any cause whatsoever, the Contractor shall be required to protect the uncompleted seawall against possible damage by storm waves, by completely covering exposed bedding layer with armor stone or as may be required by the Contracting Officer. Upon resumption of work, the Contractor may be required by the Contracting Officer to move the large stones used in this work of protection and place them as cap stone as the work progresses. No extra payment will be made for rehandling. The cost of protection of the seawall during suspension of work will be included in the contract unit price for furnishing and placing stone. 3.1.6 Deterioration After the examination and acceptance of any reach of the work, and before the final acceptance of the entire work, should an examination of an accepted section show deterioration, displacement, undue settlement or other defects for which the Contractor is evidently not responsible, the correction of these defects at the contract unit price, as far as permitted by available funds, may be done if agreeable to both the Contractor and the Contracting Officer. 3.2 STONE PLACEMENT 3.2.1 General Placement of armor stone, bedding layer stone, and toe stone shall not deviate from the grade lines and slopes indicated in the plans by more than the tolerances discussed below unless approved in writing by the Contracting Officer. Equipment suitable for handling the specific stone shall be used. The material shall be handled and placed in such a manner as to minimize segregation of the stone. Any material placed on or in the SECTION 35 31 19 Page 8 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT seawallfor the convenience of construction must be completely removed prior to final placement of stone in the affected portion of the structure. The finished seawall shall be a well-graded mass, free of pockets of either smaller or larger stone with a minimum of voids and a maximum interlocking of stones. The Contractor shall conduct his operation and sequence his construction so the amount of protection offered to the seawall is maximized at all times. Construction of seawall elements in advance of completed work will be at the sole risk of the Contractor. Damage to any incomplete or complete seawall section (except as per paragraph 3.1.6) will be the Contractor's sole responsibility. 3.2.2 Long Stone Ail acceptable stones that have a long axis which exceeds twice either of its other dimensions shall be placed with the long axis normal to the slope at the location where the stone is placed. 3.2.3 Surface Stone Ail stones in the outer layer shall be placed and arranged to secure maximum surface contact between adjacent stones in order to minimize void size, reduce movement of the stone and protect underlying stone. Continuous joints shall not be permitted between adjoining stones with direct contact on at least 3 sides. 3.3 PLACING EQUIPMENT 3.3.1 General Ail equipment for lifting and placing shall be load tested. The equipment shall be capable of placing seawall stone in such a manner as to produce a well-keyed mass without damage to the stone. Stone placing equipment shall have adequate safe capacity to construct the seawall to the lines, grades, and slopes indicated on the drawings. Mats are required under all moving cranes, etc. Temporary filling of voids with sand or stone shall not be permitted. The method of placement shall provide means of turning all stones placed in the seawall at least 90 degrees in the horizontal plane and for vertical rotation, to the extent necessary for final positioning. A representative of the Government shall be permitted to ride in the cab of the stone placing equipment in order to view the operation for positioning of individual stones. 3.3.2 Use of Equipment NO equipment shall be allowed on the seawall for the placing or removal of stone. All equipment used for placing and removal of the stone must be located off the seawall. 3.4 TOLERANCES 3.4.1 Armor Stone Placement Placement of armor stone shall not deviate from the lines shown and slopes shown on the design drawings by more than plus 12.0 inches. The extreme limits of tolerance shall not be continuous over a distance greater than 20 feet by 20 feet, or 400 square feet. Upon completion of any portion of the work, a survey shall be made by the Contractor on 20 foot centers to determine that the plus tolerance has not been exceeded. SECTION 35 31 19 Page 9 Emergency Shoreline Protection, Orient Harbor, Southhold, NY ORIENT 3.4.2 Bedding Layer Stone Placement A plus 6.0 inch tolerance will be allowed for the bedding layer stone crest and toe elevations perpendicular to the side slope. 3.5 ACCEPTANCE SECTIONS 3.5.1 Section Designations Completed work on the seawall will be accepted in 50-foot sections. 3.5.2 Surveys The Contractor shall take final surveys for armor stone tolerance compliance, survey for bedding layer stone crest elevation confirmation and also shall conduct any surveys for periods for which progress payments are requested. The surveys shall be performed by a licensed surveyor, licensed in the State of New York, in the presence or with approval of the Contracting Officer, or his representative. 3~5.3 Acceptance Surveys As soon as practicable after the completion of each acceptance section the Contractor shall perform a survey of the completed section. Any section damaged by the Contractor after final acceptance shall be repaired by Contractor at his expense. 3.5.4 Final Acceptance Final acceptance of the whole work and the deductions or corrections of deductions made thereon will not be reopened after having once been made except on evidence of collusion, fraud or obvious error and acceptance of a completed section shall not change the time of payment of the retained percentage of the whole or any part of the work. -- End of Section -- SECTION 35 31 19 Page 10