SECTION ENVIRONMENTAL PROTECTION

Transcription

1 SECTION ENVIRONMENTAL PROTECTION PART 1 GENERAL 1.01 GENERAL A. This section describes the requirements for the conservation and protection of environmental resources at the work site during and as the result of construction activities, except as otherwise specified. State and federal environmental statutes, rules, regulations, and policies have been enacted to protect the environmental resources to ensure that significant environmental impacts of projects are identified and adequate mitigation measures are incorporated in the project. Protection of the environmental resources affects several resource areas, including biological resources, cultural resources, air quality, and water quality. These potential impacts may be through the generation of noise, emissions, discharges of pollutants, disturbances to terrestrial and aquatic areas, transportation, public safety and impacts on visual resources. Construction activities shall be in accordance with environmental and regulatory permits issued for the project, and the Contractor may be held responsible for any violations as prescribed by law. B. The Department is required by the regulatory agencies to suspend work and recertify the Contractor s employees if there are environmental noncompliance infractions. If the Contractor s actions cause infractions, then the Engineer may suspend work. Examples of the infractions will be discussed in the environmental training meeting. C. The Contractor shall be responsible for the sequence and control of construction activities, selection and maintenance of equipment, and the conduct of the Contractor s employees at the work site to ensure that specific mitigation measures to reduce or eliminate identified environmental impacts are implemented. D. The Contractor shall minimize construction activities causing disturbances to vegetation, wildlife or cultural resources. Construction activities may be restricted in various ways that include, but are not limited to, the environmental protection and mitigation measures specified N-10

2 1.02 RELATED SECTIONS A. Supplementary General Conditions, General Conditions, other Division 1 sections, and Drawings apply to this section. This section may require direct correlation with the following sections of the contract: 1. Section Temporary Erosion Control. 2. Section Hazardous Waste Disposal COLLECTION AND HARASSMENT OF SPECIES A. No intentional harassment, killing, or collection of plants or animals at or around the work site shall be allowed DEFINITION AND ENVIRONMENTAL DOCUMENTS A. ESA Federal Endangered Species Act of 1973, as amended. B. CESA California Endangered Species Act of C. CEQA California Environmental Quality Act of D. DFG State of California Department of Fish and Game. E. USFWS United States Fish and Wildlife Service. F. Nationwide Permits pursuant to Section 404 of the Clean Water Act, and State Water Resources Control Board Water Certification or waiver thereof pursuant to Section 401 of the Clean Water Act. G. Programmatic agreement with State Preservation Office pursuant Section 106 of the Historic Preservation Act. H. Streambed or Lake Alteration Agreements (DFG Code 1601). I. Stream Zone All components of a stream, including the channel bed, banks, and floodplains. The Steam Zone is the land, including vegetation, that bounds the channel of a stream and that defines the lateral extent of their waters SUBMITTALS A. The Contractor shall develop and submit detailed plans for implementing the requirements of this section. The plans shall include but not be limited to the following: 1. Name of the Contractor s Environmental Supervisor responsible for implementing the plan N-10

3 2. Working drawings and data for implementing the requirements of the plans. 3. Air Quality Control Plan. 4. Water Quality Control Plan and Stormwater Pollution Prevention Plan. 5. Traffic/Noise Abatement Plan. 6. Fire Prevention and Control Plan BOUNDARIES OF WORK SITE AND LISTED SPECIES A. Boundaries: The boundaries of the work site will be designated by the Engineer by flagging and staking or other similar method for showing exact location of work and areas that may be occupied by the Contractor. The Contractor and the Contractor s employees shall not leave the right of way or temporary construction easement, without prior written approval. If the Contractor or the Contractor s employees disturb such flagging, it shall be replaced by the Contractor as directed at no additional expense to the Department. B. Surveys: Preconstruction surveys will be conducted within potential habitat for listed species and will designate exclusion zones. To the extent possible, the Department will enact measures to clear the work site of sensitive species and features such as relocation of sensitive species and inventory and removal of cultural resources. C. Exclusion Zones: Exclusion zone boundaries will be marked with either large flagged stakes connected by cord, or survey laths or wooden stakes prominently flagged with survey ribbon or fencing. The Contractor and the Contractor s employees shall not encroach into flagged exclusion zones in any manner, whether i n vehicles or on foot, without prior written approval ENVIRONMENTAL TRAINING MEETINGS A. General: Prior to beginning work, the Department will conduct a worker education program for the Contractor, the Contractor s employees and subcontractors who will be at the work site during construction activities. The program will be given near the work site. Supervisors and employees of contracting and subcontracting companies that will be at the work site are required to attend the course. The program will consist of briefing sessions which will be developed by biologists familiar with biological resources at the work site, particularly sensitive species. The Department personnel working on the project shall attend a similar course N-10

4 B. Initial Sessions: Initial worker education sessions shall be given by biologists and biological monitors. The worker education program shall be an ongoing process as new employees and subcontractors begin work. After initial training sessions are conducted, new employees shall attend a training session within 5 days of when they first access the work site. Employees and visitors that have not attended the training shall be accompanied by trained personnel unless otherwise approved by DFG in writing. Refresher courses shall be given once every 12 months. The initial meeting will include but not be limited to the following topics: 1. No pets, camping, firearms, fishing, or any other use of the right of way area will be allowed. The Contractor s employees will not be allowed at the work site during nonworking hours. Only authorized camping areas may be utilized. 2. Any sightings, trappings, injuries, or fatalities to animals that occur as a result of project-related activities shall be reported immediately to the Engineer. 3. Food-related trash, such as wrappers, cans, bottles, scraps, shall be placed in closed containers and removed daily from work sites. Trash or garbage shall be removed to a county approved disposal site at least weekly by the Contractor. The right of way shall be policed daily by the Contractor s personnel. 4. The sensitive habitats, as well as the legal and listed status of sensitive species. Potential penalties for taking a listed wildlife species will be described. 5. Protocol to follow if sensitive species are encountered, including appropriate contact points, such as the Engineer or designated representative, inspectors, and environmental personnel. 6. Traffic shall be restricted to existing roads and flagged right of way or temporary construction easement. 7. Follow-up meetings to present additional topics pertaining to the above subjects as they occur or are brought to the attention of the Engineer or the Contractor during construction BIOLOGICAL RESOURCES (PLANTS AND ANIMALS) A. General: The construction activities have potential for affecting the biological resources by physical destruction, disturbance, and displacement N-10

5 B. The Contractor will not be permitted in areas where sensitive plant species occur until the sensitive plants are removed or soil seed banks are removed by the Department. C. Construction pipes, culverts, or similar structures with a diameter of 4 inches or greater that are stored at the work site for one or more overnight periods shall be inspected for species before the pipe is buried, capped, used or moved in any way. If during inspection a listed or sensitive species is discovered inside a pipe, that section of pipe shall not be moved. Move away from the trapped animal and immediately contact a compliance monitor to remove the trapped animal. D. Unless otherwise approved, the Contractor shall not apply any rodenticide or herbicide to control any vertebrate or plant pest. E. Swainson s Hawk: If an active Swainson s hawk nest will be affected by the construction activities, the Engineer shall be notified, prior to proceeding with the work affected. If necessary, the Engineer will suspend work CULTURAL RESOURCES A. General: The construction activities have potential for affecting cultural resources such as historically significant resources, local land uses, commercial establishments, or the activities of local landowners, residents, or recreationalists. B. Mitigation: The Contractor shall reduce potential adverse impacts to cultural resources that may be associated with construction by implementing the preservation of culturally significant resources in accordance with the National Historic Preservation Act of 1966, (16 U.S.C. 470). C. Potential Sites: If any potential archaeological or historic sites are uncovered, the Engineer shall be notified prior to proceeding with the work affected. If necessary, the Engineer will suspend work. The Engineer will provide for an initial field evaluation of the site within 72 hours after receiving notification of the Contractor s discovery AIR QUALITY A. General: The construction activities have potential for resulting in localized, short-term construction emissions from stationary, mobile, and area sources. This includes construction equipment, trucks used for hauling, and fugitive dust from earthwork. Construction equipment and haul trucks emit hydrocarbons, nitrogen oxides, sulfur oxides, N-10

6 carbon monoxide, and particulate matter. Fugitive dust is emitted from earthmoving, aggregate stockpiling, and concrete processing. B. Mitigation: The Contractor shall reduce these effects as much as possible by submitting and implementing an Air Quality Control Plan. The following components, if applicable, shall be included in the plan; and if not applicable, the Contractor shall explain in the plan why that component or portions thereof are not included in the plan. C. Preventive Maintenance: Preventive maintenance including practicable methods and devices to control, prevent and otherwise minimize emissions or particulate matter. Such measures shall include but not be limited to performing preventive maintenance in accordance with manufacturer s recommendations, mufflers and filters. The Contractor shall maintain engine and emission systems in equipment in proper operating condition. Appropriate maintenance schedules will be defined and implemented for each piece of construction equipment. D. Best Available Control Technology: For diesel-fueled construction equipment include: 1. Installation of high-pressure injectors. 2. Use of reformulated diesel fuel. 3. Use of Caterpillar pre-chamber diesel engines or equivalent. 4. Substitute electrical equipment. 5. Substitute Clean Natural Gas (CNG)-powered vehicles. 6. Substitute gasoline-powered equipment equipped with catalytic converters. 7. Reduce construction activities during Stage 2 alerts by local Air Pollution Control Districts (APCDs) where required. E. Fugitive Dust Control: Fugitive dust shall be minimized by watering, chemical suppressant, minimize areas, cover surfaces, seeding, manage activities or other dust control measures as approved. One or more of the aforementioned control measures shall be used in sufficient quantities to prevent fugitive dust from leaving the work site. Control measures frequency shall be required whenever conditions are dry enough to cause fugitive dust. The Contractor shall control fugitive dust by: 1. Minimizing areas cleared to facilitate construction, such as storage areas, staging areas, stockpile areas and vehicle parking N-10

7 2. Constructing roadways, driveways, sidewalks, building pads and other graded surfaces as soon as possible. 3. Performing seeding requirements as specified. 4. Minimizing the amount of construction equipment operating during any given time period. This could include scheduling of construction truck trips to reduce peak emissions, limit the length of the construction workday, and phasing of construction activities. 5. Haul trucks traveling onto or off the work site shall be covered. Haul trucks traveling on the work site will be covered as necessary to prevent dust from leaving the work site WATER QUALITY CONTROL A. Construction activities have potential for resulting in localized, shortterm impacts to water quality due to fuel or oil leaks or spills at fuel or oil transfer areas, erosion and runoff. B. The Contractor shall prepare and submit a Water Quality Control Program (WQCP) and a Storm Water Pollution Prevention Plan (SWPPP) in accordance with Caltrans Storm Water Quality Handbooks guidelines and State Water Resources Control Board (SWRCB) requirements under General Permit No DWQ for Storm Water Discharges Associated with Construction Activity and Land Disturbance. The Contractor shall use guidance in the Caltrans SWPPP/WQCP Preparation Manual (2007) as necessary to prepare plans to contain potential construction activity pollutants such as wastes, erosion, dewatering flows, and sediments. This plan shall include provisions for water quality protection and for implementing Best Management Practices (BMPs) chosen to mitigate for construction activity pollutants. The Contractor shall implement this plan by providing BMPs and conforming to the following provisions: 1. Settleable solids, oils, concrete wash water, and grease shall be contained to prevent their release into the environment. Flocculents may be used on solids that do not readily settle, as long as they do not degrade water quality. 2. Use methods for controlling erosion on designated roads or any additional access roads or platforms or temporary equipment storage areas. 3. Minimize erosion during stormy weather at the work site. 4. Use methods for post construction erosion control N-10

8 5. Areas of disturbance with slopes toward a stream or drainage shall be stabilized to reduce erosion potential. 6. Exposed areas shall be stabilized with temporary mulching, or other erosion control methods during and after land disturbance activities. 7. If any construction site dewatering becomes necessary during the work, the Contractor shall utilize Caltrans Storm Water Quality Handbooks, Construction Site BMPs Manual guideline NS-2 for Dewatering Operations. Dewatering shall be performed in compliance with all other applicable NPDES and SWRCB requirements as well. C. Construction Sites and Equipment: The storage, transportation, transfer, containment, and disposal of hazardous materials, such as fuel, oil, lubricants, have potential for affecting water quality. Fuel, oil and other petroleum products shall be stored only at designated sites in leakproof containers. The use of hazardous materials should be avoided or minimized where possible. Material containment containers shall be clearly labeled with its identity, handling and safety instructions, and emergency contact. Similar information shall be clearly available and visible in the storage areas. Storage and transfer of such materials shall not be allowed within 100 yards of streams or sites known to contain sensitive biological resources except with the permission of California Department of Fish and Game monitors. Storage or use of hazardous materials in or near streams shall be consistent with the Fish and Game Code and other State laws. Hazardous materials containers shall be clearly labeled with its identity, handling and safety instructions, and emergency contact. Material Safety Data Sheets (MSDS) shall be made readily available to the Contractor s employees and other personnel at the work site. The accumulation and temporary storage of hazardous wastes shall be removed to an approved disposal site. Disposal of hazardous wastes shall be in compliance with applicable laws and regulations. D. The Contractor shall maintain construction equipment to prevent petroleum drippings. Stationary power equipment such as engines, pumps, generators, welders, and air compressors located within or adjacent to water bodies, lakes or streams shall be positioned over drip pans. Equipment used in water shall be free of exterior petroleum products prior to submersion. E. Storage location sites shall be prepared and protected with an impermeable liner and berm, double wall tanks with sensors or other approved storage method to contain spills. The bermed area shall be designed to hold the entire contents of the fuel tanks and maximum probable rainfall N-10

9 F. Personnel stationed at or near these sites shall be trained in emergency response and spill containment techniques. A supply of absorbent pads, pillows, socks, booms, and other spill containment materials shall be maintained at the petroleum storage sites for use in the event of spills. Contaminated spill containment materials shall be placed in sealed containers until transport to an appropriate disposal facility. G. Fuel may be transferred from the storage areas to construction equipment by tanker trucks. Fuel transfers shall take place at least 100 yards from exclusion zones, drainage areas, and streams. H. Fuel transfer vehicles shall have spill containment materials placed under the fueling operation between the fuel truck and the equipment being serviced. A trained service attendant shall monitor the filling of equipment and shall stop fuel flow immediately if any spill occurs. Fuel transfer shall not resume until approved. The service attendant shall be trained in emergency response, fire extinguisher use, and spill containment techniques. I. The Contractor shall not allow concrete waste to enter storm drains or watercourses. Washout of concrete waste shall be conducted off-site, or performed on-site at designated impermeable lined washout facilities. Such waste material shall not be allowed within 100 yards of streams or sites known to contain sensitive biological resources. The Contractor employees and subcontractors engaged in handling concrete waste shall be trained in the proper handling and disposal of waste. J. Vehicle and equipment cleaning shall be performed only at designated staging areas. Wastes shall not be allowed within 100 yards of streams or sites known to contain sensitive biological resources. The Contractor employees and subcontrators engaged in vehicle and equipment cleaning shall be trained in compliance with applicable laws and regulations EROSION CONTROL A. Erosion could potentially cause impacts both on and off the work site. On the work site, erosion could wash away soil and fill material, resulting in the formation of gullies. Off the work site, erosion could result in downstream sedimentation and turbidity impacts. Section Temporary Erosion Control, includes BMPs to control erosion on and off the work site. Additionally, the Contractor shall: 1. Restrict personnel to designated roads. 2. Use methods for controlling erosion on designated roads N-10

10 3. Use methods for on-site erosion control and sediment capture methods during construction. 4. Minimize erosion during stormy weather at the work site. 5. Use methods for post construction erosion control. B. Earth moving activities shall not occur in streams, creeks, waterbody crossings, or riparian areas within 24 hours of predicted 50 percent chance of National Weather Service anticipated precipitation during the rainy season (December 1 through March 15). Stockpiled topsoil or backfill shall be stored above the stream high watermark, outside any riparian zone, and not in any area where the stockpiled material could be washed back into the stream or for more than 30 days. Straw bales or other BMPs shall be used at flowing river or creek crossings at the end of each workday during the rainy season, and at the end of each workday during other seasons when rain is forecast. If a major storm is predicted or occurs outside of the rainy season, straw bales or other BMPs shall be implemented immediately. C. Storage or use of hazardous materials or other construction activities in or near streams or wetlands shall be consistent with the Fish and Game Code, including the Reach specific Streambed and Lake Alteration Agreement (DFG Code 1601), and other State laws. D. Any diversion site, siltation basin and other measures shall be inspected during daylight hours and after normal working hours during adverse weather conditions for proper operation. Any measure not operating properly or effectively shall be corrected immediately FIRE PREVENTION AND CONTROL PLAN A. General: The Contractor shall prepare a fire prevention and control plan in consultation with the Engineer, DFG, and responsible fire protection agencies. B. Components: The following components, if applicable, shall be included in the plan; and if not applicable, the Contractor shall explain in the plan why that component or a portion thereof is not included in the plan: 1. Procedures and policies for controlling any fires caused by the Contractor s construction activities including fires that are off the right of way or temporary construction easement, and other related fire prevention and control procedures developed in consultation with resource agencies, and fire protection agencies N-10

11 2. No fires will be allowed at the work site. Smoking will be allowed only in areas designated for smoking which shall be cleared of vegetation or in enclosed vehicles. 3. The Contractor shall be responsible for maintaining appropriate fire suppression equipment at the work site. Fire extinguishers, shovels and other fire fighting equipment shall be inventoried and available at work sites and on construction equipment. Each vehicle on the right of way shall be equipped with a minimum 2 lb. fire extinguisher. 4. At work site, a sealed fire toolbox shall be located at a point accessible in the event of fire. This fire toolbox shall contain: one backpack pump-type fire extinguisher filled with water, two axes, two McLeod fire tools, and enough shovels so that each employee at the work site can be equipped to fight fire. 5. Gasoline powered construction equipment with catalytic converters shall be equipped with shielding or other acceptable fire prevention features. 6. Any internal combustion engine shall be equipped with a spark arrestor. 7. Welding sites and rigs shall be equipped with a minimum 20 lb. (or two 10 lb.) fire extinguishers and a minimum of five gallons of water in a fire fighting apparatus such as a water-filled backpack pump. 8. The Contractor shall maintain contact with local fire fighting agencies throughout the fire season for update on fire conditions, and such fire conditions shall be communicated to the Contractor s employees and the Engineer daily. 9. Vehicles are restricted to flagged right of way or temporary construction easement unless otherwise allowed in fire control procedures. 10. Disturbance to the terrestrial or aquatic environment through the use of heavy construction equipment shall be kept to a minimum. If a fire should start, the appropriate fire protection agencies responsible shall be contacted immediately. Hand crews, fire fighting water trucks or other fire control measures may be used as a first defense. Only as required shall heavy construction equipment be utilized to contain the fire or protect a structure from damage N-10

12 1.14 TRAFFIC/NOISE ABATEMENT PLAN A. Traffic: The following components, if applicable, shall be included in the plan; and if not applicable, the Contractor shall explain in the plan why that component or a portion thereof is not included in the plan. 1. Impacts of construction traffic may impact road use by the public because traffic shall be detoured. The Contractor shall prepare a traffic plan in consultation with the Engineer and city, county and State transportation agencies. 2. Mitigation: The Contractor shall minimize traffic impacts as much as possible as follows: a. Measures to minimize traffic impacts where construction crosses public roads and highways. b. The traffic plan should provide a ride share program. Employees should be encouraged to participate in the program and be provided incentives. B. Noise Abatement: The construction activities have potential for resulting in localized, short-term noise impacts from construction equipment. Impacts from noise may become a problem near residential areas. 1. Mitigation: The Contractor shall minimize noise impacts as much as possible near residential areas by submitting and implementing a Noise Abatement Plan in consultation with the Engineer and city, county and State Regulatory agencies. The following components, if applicable, shall be included in the plan; and if not applicable, the Contractor shall explain in the Traffic/Noise Abatement Plan why that component or portions thereof are not included in the plan as follows: a. Preventive maintenance including practicable methods and devices to control, prevent and minimize noise. b. Locating and placing noise barriers around stationary equipment. c. Rerouting truck traffic to avoid or reduce noise impacts to sensitive locations. d. Scheduling construction activities with the most intense noise activities to occur when ambient noise is also at its peak N-10

13 PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used PART 4 PAYMENT 4.01 PAYMENT e. High noise-intensive operations shall be performed as far from residential areas as feasible. High noise activities near residences shall be restricted to the 8:00 a.m. to 5:00 p.m. time period. A. The contract prices shall include full compensation for all costs incurred under this section. END OF SECTION N-10