SPECIFICATIONS FOR COMPLETION OF AN ENVIRONMENTAL ASSESSMENT

The Department of Environmental Protection (DEP), Bureau of Conservation and Restoration, requires a contractor to provide Environmental Assessment consistent with the requirements of the National Environmental Policy Act for the Delaware River Basin Conservation Reserve Enhancement Program in Pennsylvania.

I.Background

The Pennsylvania Delaware River drainage basin plays an important role in the ecosystem health of Pennsylvania, the Delaware River, and the Delaware Bay. At present, Delaware, New Jersey and New York State participate in the Conservation Reserve Enhancement Program (CREP) to address agricultural impacts to water quality and wildlife habitat in the Delaware River Basin. Pennsylvania participates in CREP in all its River Basins except the Delaware. However, cropland acreage in the 7 Pennsylvania counties within the Delaware River Basin exceeds New Jersey and New York combined.

Sediment, nitrogen and phosphorus loads from agricultural runoff from cropland and confined animal operations play a significant role in the water quality in the Delaware River Basin and its sub watersheds. The Piedmont of Southeastern Pennsylvania has undergone dramatic changes in land-use since 1970. Between 1969 and 2002, urban development consumed over 138,000 acres of cropland. Since 2002, the rate of loss has slowed. Pennsylvania has the most aggressive farmland protection program in the nation. Despite the loss of farmland acres, agriculture remains a major industry in Lehigh, Northampton, and Bucks Counties. In the other basin counties cropland acres total 46,000. The intensive cropping systems and farm animal densities on the remaining agricultural lands have greatly altered the natural ecosystems. As a result, once abundant and diverse grassland bird populations associated with less intensive agriculture have declined by 80-95% across the Region. The region is also the only area in Pennsylvania known to support the federally endangered bog turtle.

The Delaware River Basin CREP will coordinate federal, state, and local efforts to address various natural resource issues throughout the project area by seeking to retire 20,000 acres of marginal cropland, pastureland and/or environmentally sensitive land. It will do this by providing additional economic incentives to retire these acres and establish permanent conservation cover. The goals of this project are: (1) to improve water quality in the Delaware River by reducing sediment, nitrogen and phosphorus loading from croplands by 15% by 2020 in local streams and rivers, (2) to restore declining grassland bird populations to 1980 levels by 2020 and to restore habitat for endangered aquatic species.

The target area includes seven rapidly developing eastern Pennsylvania counties (from north to south): Pike, Monroe, Northampton, Lehigh, Bucks, Montgomery, and Delaware. The Delaware River receiving waters possess high water quality and richly diverse biological communities. Valuable historical, cultural, and economic activities are dependent upon continued high quality water resources. Agricultural nonpoint source pollution is one among many threats to sustainable water quality and habitat in this intensely settled region. Agricultural pollution reduction strategies in the target counties will have an immediate and positive impact on water quality in the main stem Delaware River and in the Delaware Estuary.

II.Purpose

It is the intent of the Farm Service Agency (FSA) and the Commonwealth of Pennsylvania that the Delaware River Basin Conservation Reserve Enhancement Program (CREP) will help address and achieve the following objectives in the 7county target area in Pennsylvania’s Delaware River drainage basin.

Pennsylvania’s Delaware River Basin CREP project will provide farmers and other landowners within a select 7-county region in the Delaware River basin the opportunity to enroll their marginal crop and pastureland in a program designed to compensate producers for retiring land that is both agriculturally and environmentally marginal for production uses. The continual farming of marginal land has led to a decline in wildlife habitat, which is manifested in the decline of many wildlife species throughout Pennsylvania, such grassland birds. Also, farming marginal land is economically risky due to the high per-unit input versus low per-unit return inherent in farming marginal land. While wildlife and farm economic concerns are real, the main threats in the CREP target region are nutrient and sediment loading of the Delaware Basin’s waterways from erosion prone cropland and overgrazed pasture as well as pastureland in close proximity to streams and rivers. This project will seek to address these problems.

The goal of the PA-Delaware River CREP will be to reduce agriculture-sourced non-point nutrient and sediment loading within the region’s streams and rivers in order to improve Pennsylvania’s surface and ground water quality, and to establish and restore wildlife habitat.

Specifically, the PA-Delaware River CREP project will seek to:

Raise Conservation Reserve Program (CRP) enrollment to include up to 20,000 acres by providing additional economic incentives through CREP beyond that available through CRP:

  • Retire up to 16,000 acres of agricultural Highly Erodible Land (HEL).
  • Restore and protect up to 4,000 acres of riparian and wetland habitat.

Provide multiple options for the establishment of conservation initiatives to allow for a maximum level of flexibility to fit into the many different social, economic, and systemic agricultural scenarios in the 7-county region, such as:

  • Grass/legume plantings on highly erodible cropland.
  • Stream bank fencing
  • Forested and Grassed riparian buffers
  • Wetland restoration

Measurable benefits will include:

Projected Potential Reductions, at a minimum of:

  • Sediment edge of stream loading by approximately 557 tons per year.
  • Nitrogen edge of stream loading by approximately 349,500 pounds per year.
  • Phosphorous edge of stream loading by approximately 12,353 pounds per year.

Progress toward meeting the United States Environmental Protection Agency’s (EPA) Total Maximum Daily Load (TMDL) requirements for all Delaware Basin streams impaired by sedimentation or nutrient impacts.

Significant improvement of Pennsylvania’s water quality.

Improvement and protection of vital habitat to preserve the many threatened and endangered species existing in Pennsylvania’s Delaware River basin.

Restore grassland birds to 1975 population levels by 2020

Improve environmentally related recreational opportunities, such as hunting, fishing, hiking, birding, and wildlife watching.

  1. Tasks and Services Required
  1. Kickoff meeting and Internal Agency Scoping.

The contractor’s designated project manager will attend a kickoff meeting at the FSA National Office or via telephone. The purpose of the meeting is to define the project approach, identify data needs, and establish a schedule for deliverables from the contractor to FSA and the Commonwealth of Pennsylvania.

  1. Project Management Plan.

Following the kickoff meeting, the contractor will develop a project management plan (PMP) which will briefly describe the project approach, including potential resource impacts, level of controversy, alternatives that will be evaluated, and the level of public involvement and scoping that will be included in the project. The PMP will also include a table of tasks and deliverables and the dates that each will be completed and submitted to FSA and the Commonwealth of Pennsylvania.

  1. Description of Proposed Action and Alternatives.

The contactor will provide a draft of the Description of the Proposed Action and Alternatives (DOPAA) that will be evaluated prior to beginning the effects analysis to ensure the proposed activitiesare accurately defined and approved by FSA and the Commonwealth of Pennsylvania.

  1. Public Meeting.

The contractor will provide the labor and materials necessary to create, prepare, and facilitate public meetings addressing the proposed Conservation Reserve Enhancement Program-Environment Assessment (CREP EA) and proposed Alternatives; this will include the costs associated with travel of two FSA employees from Washington DC.

  1. Preliminary Draft Environmental Assessment.

After the public meeting and upon approval of the final DOPAA by FSA and the Commonwealth of Pennsylvania, the contractor shall prepare a Preliminary Draft Environmental Assessment (PDEA). This document will be submitted to FSAand the Pennsylvania Department of Environmental Protection (PADEP) staff for comments.

  1. Draft Environmental Assessment.

Comments on the Preliminary Draft Environmental Assessment(PDEA) from FSA and PADEP staff will be incorporated into the document and a draft Environmental Assessment (DEA) will be prepared by the contractor. The Draft Environmental Assessment (DEA) will be delivered by the contractor to FSA and theCommonwealth of Pennsylvania in electronic format. Hard copies of the DEA will be prepared and delivered by the contractor to appropriate locations identified by FSA and the Commonwealth of Pennsylvania for availability to the public. Additional copies (hard copies or electronic copies) may be required for coordination with agencies as determined byrequirements of the Single Point of Contact (SPOC).

  1. Coordination Letters.

The contractor will prepare letters to notify agencies of the availability of the DEA for review. Letters will be sent to the SPOC of the states affected by the proposed activities as well as to any additional stakeholders identified by FSA or the Commonwealth of Pennsylvania.

  1. Notice of Availability.

The contractor will prepare a Notice of Availability (NOA) to inform the public that the DEA is available for review and comments. The NOA will be delivered to and published by the Commonwealth of Pennsylvania.The contractor will, at the request of FSA, identify locations in the areas affected by the proposed activities where the document will be made available for public review.

  1. Draft Finding of No Significance or Decision Notice.

The contractor will prepare and submit to FSA and the Commonwealth of Pennsylvania a Draft Finding of No Significant Impact (DFONSI) or Decision Notice (DN) summarizing the results of the environmental analysis.

  1. Comment and Response Matrix.

The contractor will consolidate comments on the DEA received from the public, stakeholders, and agencies into a single matrix. The contractor will prepare a suggested response for each comment and submit the matrix to FSA and the Commonwealth of Pennsylvania for approval. All responses will be approved by FSA and the Commonwealth of Pennsylvania prior to incorporating them into the DEA.

  1. Final Environmental Assessment.

All comments and responses to the comments deemed relevant by FSA and the State of Colorado will be incorporated into the document by the contractor and a final Environmental Assessment (FEA) will be prepared by the contractor and submitted to FSA and the State of Colorado.

  1. Final Finding of No Significant Impact or Decision Notice.

Comments received from FSA and the Commonwealth of Pennsylvania on the draft FONSI or DN will be incorporated and a final FONSI or final DN will be prepared by the contractor and submitted to FSA for approval and signature.

  1. Status Reports.

The contractor will prepare and submit status reports to FSA and the Commonwealth of Pennsylvania monthly. These reports will provide a summary of the work completed in that month, work anticipated to be completed in the following month, and any issues that may affect the scheduled completion date or outcome of the project.

  1. Deliverables and Schedule.

Task / Date
2.1 Kickoff Meeting / No more than 15 days after award approved
2.2 Project Management Plan / One week after kickoff meeting
2.3 Description of Proposed Actions and Alternatives / Two (2) weeks after kickoff meeting
2.4 Public Meeting / Four (4) weeks after kickoff meeting
2.5 Preliminary Draft Environmental Assessment / Four (4) weeks after public meeting and approval of final DOPAA
2.6 Draft Environmental Assessment* / Two (2) weeks after receipt of PDEA comments from FSA
2.7 Coordination Letter / Concurrent with DEA
2.8 Notice of Availability / Concurrent with DEA
2.9 Draft FONSI or DN / Concurrent with DEA
2.10 Comment Matrix / One (1) week after end of public comment period
2.11 Final Environmental Assessment / Two (2) weeks after receipt of comments
2.12 Final FONSI or DN / Concurrent with DEA
2.13 Status Reports / Monthly during project execution
  1. Agency Responsibilities.

1. Government Furnished Materials.

FSA will provide the contractor a description of the proposed activities, copies of applicable Agency regulations, handbooks, and other guidance materials relevant to the proposed activities.

The Commonwealth of Pennsylvania will provide the contractor with relevant state documents and material as necessary to complete the proposed activities.

2. Public and Agency Involvement.

The Commonwealth of Pennsylvaniawill be responsible for publishing the NOA, identifying agencies and stakeholders, distributing coordination letter, coordinating interagency document reviews, providingguidance regarding comments from the public and agencies, and any required formal consultation with regulatory agencies.

VI.Special Considerations

  1. Regulatory Compliance.

All work associated with this project will adhere to the following United States regulatory requirements:

  • Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act(NEPA) 40 CFR 1500-1508;
  • FSA NEPA implementing regulations, 7 CFR 799;
  • {relevant FSA Handbook or program policy and guidance};
  • Relevant environmental laws, regulations, and executive orders (EO) including, but not limited to the Endangered Species Act, the Clean Water Act, the Clean Air Act, EO 12898, and EO 11988.
  1. Ownership of Materials.

The government, for itself and such others as it deems appropriate, will have unlimited rights to all information and materials developed in support of this contract including the right 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. All text, electronic digital files, date, and other products generated under this contract shall become the property of the government.

  1. Specifications of Data and deliverables.

The contractor will produce deliverables according to FSA standard formats. FSA requires that electronic deliverables be prepared usingat least Microsoft Word, version 2003, Adobe Acrobat, version 8.0, or Microsoft Project, version 2003. Deliverables will be submitted to FSA National Office and the Commonwealth of Pennsylvaniaas two hard copies and other digital media (i.e. CD, flash drive, etc.) using express delivery company (not USPS).

  1. Contractor Requirements

The contractor shall perform all work in accordance with recognized professional standards and practices. It shall be the contractor’s responsibility to furnish qualified personnel to perform assigned tasks in an acceptable and economical manner.

  1. Insurance Requirements

The successful bidder shall purchase and maintain, at its expense, the following types of insurance, issued by companies acceptable to the Commonwealth.

1.Workmen’s Compensation Insurance sufficient to cover all of the employees of Contractor working to fulfill this Contract.

2.Comprehensive General Liability Insurance, including bodily injury and property damage insurance, to protect the Commonwealth and the successful bidder from claims arising out of the performance of the Contract. The amount of the public bodily injury insurance shall not be less than $1,000,000.00 per occurrence. The amount of property damage insurance shall not be less than $1,000,000.00 per occurrence. If the policy is issued for bodily injury and property damage combined, the amount shall not be less than $2,000,000.00 per occurrence.

3.Automotive Liability Insurance, including bodily injury and property damage insurance, to protect the Commonwealth and the Contractor from claims arising out of the performance of the Contract. The amount of the automotive bodily injury insurance shall not be less than $500,000.00 per person and $1,000,000.00 per occurrence. The amount of automotive property damage insurance shall not be less than $500,000.00 per occurrence. If the policy is issued for bodily injury and property damage combined, the amount shall not be less than $1,500,000.00 per occurrence.

4.The required insurances shall be of the Contractual Liability type and the named insured shall include the Commonwealth of Pennsylvania. The insurance shall not contain any endorsements or any other form designed to limit and restrict any action by the Commonwealth, as an additional insured, against the insurance coverage in regard to the work under this Contract, the Contractor must provide the Commonwealth with current certificates of Insurance. These Certificates shall contain a provision that coverage afforded under the policy shall not be cancelled or changed until at least thirty (30) days written notice has been given to the Commonwealth.

  1. Contract Term

The contract shall commence upon execution and terminatenot later than June 30, 2013.

The parties here to may agree to renew this contract for up to one (1) additional consecutive term with a final termination date of June 30, 2014, upon the same terms and conditions set forth in the contract.

X. Payment Terms

Payment shall be monthlyupon completion of each deliverable and invoice submitted.

XI. Bid Award

Bid will be awarded to the lowest responsive and responsible bidder, meeting all requirements.

Bids must be submitted electronically by the closing date and time. Failure to follow bidding instructions will result as your bid being rejected as not responsive.

Closing date and time: 10:AM Monday October 15, 2012

QUESTIONS:

Any questions concerning the technical aspects of these specifications should be directed to Diane J. Wilson at 717-787-3730, email Questions concerning the contract or bidding procedures should be directed to Stella Molinares at (717) 783-9465.

NOTE: Bidders are advised that all bids must be submitted electronically before the closing date and time at

ACRONYMS:

CRP – Conservation Reserve Program

HEL – Highly Erodible Land

TMDL – Total Maximum Daily Load

FSA – Farm Service Agency

PMP – Program Mgmt. Plan

CREP EA – Conservation Reserve Enhancement Program – Environment Assessment

PDEA – Preliminary Draft Environmental Assessment

DEA – Draft Environmental Assessment

DN – Decision Notice

NOA – Notice of Availability

NEPA – National Environmental Policy Act

SPOC – Single Point of contact

DFONSI – Draft Finding of No Significant Impact

DOPAA – Description of Proposed Actions and Alternatives

PADEP – Pennsylvania Department of Environmental Protection

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