The Contractor is prohibited from using borrow excavation before all available suitable unclassified excavation has been exhausted except by execution of a supplemental agreement or where construction phasing requires utilization of borrow excavation prior to or in conjunction with utilization of suitable unclassified excavation. The removal of topsoil should be monitored to assure that the Contractor preserves all of it for future use. Careful selection of the stockpile area will help prevent loss of the material by excessive manipulation or erosion.
230-2 COORDINATION WITH SEEDING OPERATIONS
of the Standard Specifications, “Control of Erosion, Siltation, and Pollution”, states, “the Contractor shall take whatever measures are necessary to minimize soil erosion and siltation, water pollution, and air pollution caused by his operations.” The most critical elements are the management of earthwork and grading operations. All Sections, within the Specifications, related to these elements reference the requirements for a contractor to conduct operations such that cut slopes are completely graded to final slope in a continuous manner, specifically
This requirement to finish slopes in a continuous manner facilitates the establishment of permanent vegetation and reduces the quantity and cost associated with maintenance of erosion control measures, including temporary seeding. With the above requirements in place,
states, “The Engineer
limit the area over which clearing and grubbing, excavation, borrow, and embankment operations are performed whenever the Contractor’s operations do not make effective use of construction practices and temporary measures which will minimize erosion, or whenever permanent erosion control features are not being completed as soon as permitted by construction operations.” Therefore, as required in Article 107-12, the Engineer should take action to ensure the Contractor is managing their grading operations to minimize soil erosion, and if not providing proper management, limit such grading activities to complete areas in a continuous manner.
Erosion control measures directed by the Engineer to prevent erosion and siltation from borrow sources shall be included for payment. Erosion control measures required as a result of the Contractor’s negligence will
not be included for payment.
The criteria for borrow material can be found in
230-4 CONSTRUCTION METHODS
The Contractor shall perform staged permanent seeding on all available areas to improve the long-term establishment of vegetation. Established vegetation within borrow pits should be topdressed when the project is topdressed.
The Engineer should ensure that only suitable material excavated from the borrow pit is utilized on the project. Even though a source may have been approved for use, it may contain pockets of unsuitable material. Frequent visual inspection on the roadway is necessary to prevent this unsuitable material from being incorporated into the project.
When trucks utilize roadways open to public traffic, the Engineer shall require compliance with the provisions of
of the Specifications. In addition, interference with traffic shall be minimized. If the hauling results in the spillage or tracking of material on the pavement, the Contractor should be warned that he is in violation of the
pertaining to tracking material on pavement. The Administrative Code states: “No person operating a truck with ‘dual wheels’ shall track or cause mud to be deposited on the paved portion of any State Highway so as to create a hazard to the traveling public. Any person who causes or permits mud to be tracked or deposited by a truck with dual wheels shall immediately remove the same or cause it to be removed. Any person violating this shall be guilty of a misdemeanor.” The provisions of
should be invoked if the requirements of
are not met. It is necessary to construct stone pads at points of entry to travel ways. This should be a part of the Reclamation Plan for borrow pits.
The Engineer should consult with the Division Construction Engineer to determine the need for posting load limit restriction.
(B) CONTRACTOR FURNISHED SOURCES
The Contractor may request to use a “commercial source” as a borrow source. Commercial sources are approved by the
Land Resources Section
of the Department of Environmental Quality (NCDEQ). Approval as a commercial source is contingent upon submittal of a Reclamation Plan by the owner of the source and subsequent approval by NCDEQ. Approval of the source is documented by the assignment of a Mining Permit Number by NCDEQ. When the Contractor proposes to utilize a commercial source as a borrow source, the Engineer should request the Contractor to furnish the permit number. If the Contractor cannot furnish the number as requested, the Engineer should notify the Regional Office of DEQ. Representatives of NCDEQ will determine if the source is in violation. A commercial source shall not be utilized without a Mining Permit Number.
No additional payment will be made for erosion control devices or permanent seeding and mulching in any commercial borrow pit.
If the Contractor can furnish the permit number, the site may be approved for use as a borrow pit. Approval shall be given in writing. The Engineer should review the mining permit to ensure the borrow site is utilized in accordance with its intended use.
For non-commercial sites or sites developed exclusively for the use of the project, the Contractor and the property owner(s)
jointly shall submit a Borrow Source Development, Use and Reclamation Plan for each borrow site proposed. This plan shall address in
detail, with sketches, site maps, boring logs, etc., how the Contractor intends to develop, use, and reclaim the site. Refer to this article for specific instructions on the requirements for the reclamation plan. The environmental assessment is key in the approval process. Once the assessment, performed by a competent individual, is submitted, the Engineer should seek review of the plan from the Division Environmental Officer (DEO) and Roadside Field Operations Engineer (RFOE). A site review by the RE, DEO and RFOE is required prior to approval.
Upon approval of the narrative and the map, the Engineer should document his approval by signing and dating the “Reclamation Plan - Narrative” and the “Reclamation Plan - Maps” or similar forms as “Approved with the following exceptions:” Any exceptions should be listed in detail. Any necessary modifications should be made by the Contractor and the owner(s) such that approval can be granted without any exceptions. Approval should not be granted until all signatures have been completed.
Payment should be made for all erosion control measures specified in the Reclamation Plan unless otherwise noted in the letter of approval. If payment cannot be made under items included in the contract, a supplemental agreement should be executed. Payment
shall not be made for erosion control measures required as a result of the Contractor’s negligence.
There is no payment for removing turbidity from water in borrow pits. Once the water meets the contract permit requirement, then payment for velocity checks and channeling devices necessary to disperse the water into the environment will be made at contract unit prices.
The Engineer is the approving authority for the Reclamation Plan. Each plan should be signed by the Contractor, the property owner(s) and the Resident Engineer. Approval of the Reclamation Plan shall be made in writing. The approved plan shall be distributed as follows: Contractor - 2 copies; Roadway Construction Engineer - 1 copy; Regional Engineer, NCDEQ - 1 copy; and the Resident Engineer’s file - 2 copies. The project Technician should have copy of the plan on the project.
must ensure that the provisions contained in the approved Reclamation Plan are carried out both in letter and spirit. The Engineer should continually monitor each borrow site to ensure that all requirements of the Reclamation Plan are carried out throughout the life of the project. Final acceptance of the project will be contingent upon meeting the requirements of the Reclamation Plan. A copy of each plan should be made available at the final inspection. Inasmuch as the property owner participated in the development and submission of the plan, it will not be necessary to obtain a release from the property owner for use of the borrow site at the conclusion of the project. However, the property owner is to be notified that work in the pit is complete and any erosion control necessary after final acceptance is his responsibility.
Should the final condition of the pit be acceptable from a Land Resources perspective, but not match the approved reclamation plan, the contractor must revise the plan, complete with owner’s signature, or regrade the pit to match the approved plan.
230-5 MEASUREMENT AND PAYMENT
The Contractor is responsible for balancing the material. If the Contractor hauls too much borrow material to the project and is then forced to waste or otherwise dispose of suitable material from the project, the quantity of surplus material disposed of will be deducted from the quantity of borrow excavation. This may require extensive cross sections or measurements to determine the quantity of surplus material that must be deducted.
Topsoil material will be removed and stockpiled prior to measurement. Measurement will be performed by cross sectioning and computations will be by the average end area method. Payment will be made
after the stockpiled material has been placed back on the source as part of the reclamation effort.
Two methods of measurement may be used in determining the quantity of borrow material utilized. In-place at the source measurement will be used unless truck measurement is specified in the contract or becomes necessary due to unusual circumstances. When truck measurement is utilized, the volume of the bed hoist box must be deducted from the overall volume of the truck bed. The technicians should ensure the trucks are completely unloaded.
Payment for erosion control measures will not be made when they are required as a result of the Contractor’s negligence.
DEPARTMENT OWNED BORROW
The Contractor is allowed to use borrow material from Department right of way. Before the Contractor is allowed the use of the borrow material from the Department right of way the consideration of how excavating the material will effect adjacent properties and safety. If additional work items are included, such as guardrail or pipe, the expense of material and performance of the work will be the responsibility of the Contractor. In addition, the Contractor must submit a reclamation plan, which includes all the required components. Exceptions are that a SHPO certification will not be required if borrow is obtained from within the right of way and the environmental assessment may be waived if the site is within the project limits and the plans do not indicate the presence of jurisdictional features. The proposed borrow material must be sampled and tested as deemed appropriate by the Resident Engineer.
A supplemental agreement should be executed to document the description, location, terms of the work and establish a new borrow excavation price for the "Department Owned Borrow." The description of the supplemental agreement shall include the following language:
"By execution of this supplemental agreement, the contractor shall waive his rights to an increase in the Borrow Excavation unit price for underruns in accordance with
Article 104-5 of the Specifications if specifically created by the utilization of the material generated from the areas detailed herein. Further, the contractor shall have no claim against the Department related to the utilization of this borrow excavation or for the characteristics of the material. The contractor shall make his own determination of the presence of rock and/or other unsuitable material within the referenced areas."
The supplemental agreement should include a line item that deducts the estimated quantity of borrow excavation material at the contract unit price and establish a new line item at the adjusted price for "Department Owned Borrow." If the contract line item for borrow excavation includes a fuel adjustment, the supplemental agreement borrow excavation line item should also include a fuel adjustment.
Establishing the new borrow excavation price is dependent upon the location of the borrow source and the method of excavation. If the borrow source is within the project limits or adjacent to the project and the contractor's planned method of excavation is the same as the method used for unclassified excavation, then the unit price for "Department Owned Borrow" material shall be the lesser of the contract unit price for unclassified excavation and the contract unit price for borrow excavation minus
$0.75. If the borrow material originates from Department owned properties off the project, the new price shall be the contract unit price for borrow excavation minus
Below is an example of establishing the new borrow excavation unit price for "Department Owned Borrow."
The Department has approved the Contractor to use borrow material from Quadrant D from Station 98+70 to Station 100+18 right of the L-line, within the project limits. The Contractor has advised the Resident Engineer that he plans to use the same method and equipment used for unclassified excavation. The estimated amount of "Department Owned Borrow" is 10,000 cubic yards.
Since the "Department Owned Borrow" is within the project limits and the Contractor's method and equipment is the same as that used for unclassified excavation, the new established price for the "Department Owned Borrow” is the lesser of the unit price for unclassified excavation and the contract unit price for borrow excavation minus $0.75. Comparing the two amounts ($1.95 and $2.60-$0.75=$1.85), the lesser amount is the contract price for borrow minus $0.75; therefore the new established unit price for Department Owned Borrow is $1.85.
The supplemental agreement for the above example is below.
INTRODUCTION TO BORROW AND WASTE SITE RECLAMATION PROCEDURES
The information found on the following pages are procedures for Borrow and Waste Site Reclamation for Contracts. This information can be found on the
Roadside Environmental Unit’s website
BORROW AND WASTESITE RECLAMATION PROCEDURES FOR CONTRACTED PROJECTS
The Department of Transportation (DOT) is proud of its long standing relationship with the Department of Environmental Quality
. DOT is committed to provide the highest level of environmental stewardship in the protection of our state’s natural resources. DOT continues to strengthen and champion the delegated erosion and sedimentation control program from DEQs Sedimentation Control Commission.
DOT operates under its exemption from the
for borrow pits provided all materials are used “in connection with the construction, repair, and maintenance” of our road system. Therefore, all provisions for erosion and sedimentation control and stabilization with ground cover for waste/borrow sites fall under the conditions of the DOT’s delegated program under the Mining Act and the
Sedimentation Pollution Control Act
Currently, DOT requires reclamation plans for all waste/borrow sites. These plans address temporary erosion control, staged seeding and mulching, fertilizer topdressing, and permanent stabilization. Final inspections are conducted on all waste/borrow sites at project completion or prior to project completion if property owners elect to resume/commence agricultural land disturbing activities on the site(s).
In some cases, Land Quality has requested DOT to remobilize to sites years after project completion to address erosion or ground cover issues. This scenario has created liability issues for DOT associated with private property access and project funding availability issues. The reclamation plan is a contractual agreement between DOT, the contractor, and the property owner. In its current format, DOT has no legal authority to access private property once the conditions of the reclamation plan have been fulfilled. Also, funds for project work orders only remain open for one year following project completion.
In an attempt to resolve these issues and comply with the Sedimentation and Pollution Control Act, and the conditional exemption under the Mining Act, DOT and DEQ have agreed to the following procedures:
- DOT will revise reclamation plan procedures to make access to waste/borrow sites on private property for up to one growing season after final permanent stabilization, a condition of approval.
- DOT and DEQ will conduct a joint review near the completion of the growing season to ensure sufficient permanent stabilization. If remedial action is needed, DOT will be responsible for implementing corrective measures to obtain permanent stabilization.
- DEQ’s inspection report will serve as documentation of the final release of liability for DOT.
- The Contractor will submit
10 copies of the pit reclamation plan to the Resident Engineer. During preliminary review, it is acceptable to submit electronic copies and/or a reduced number of hard copies if deemed acceptable by the Resident Engineer.
- The Resident Engineer performs a cursory review to determine if the plan is complete and includes the property owner signatures and the environmental assessment.
- The Resident Engineer must make a site visit. It is suggested that the Contractor and Property Owner be contacted and invited to attend this visit. Assure that the haul road is shown on map and note the site distance that will be provided for all vehicles at the proposed intersection.
- The Resident Engineer should assure that an adequate number of devices are specified and sized to control erosion and address drainage. If the site is commercial, the mining permit cover page, location map and site plan shall be submitted by the Contractor. Devices should be sized to comply with
Best Management Practices (BMP), including sediment storage volume, surface settling, and spillway capacity.
- Assure that minimum undisturbed vegetated buffers and setbacks have been delineated on the map: eg.
50’ riparian buffer for regulated basins and jurisdictional streams, 50’ buffer from wetlands (additional buffer areas may be required if it is determined that the regulated wetland and/or stream will be indirectly impacted by borrow pit operations),
50’ buffer from trout waters,
10’ setback from property lines (local ordinances may require additional setbacks). The environmental consultant should assure that any additional buffers, such as additional buffers around watersheds or live streams not in a currently protected basin, imposed by local or statewide governing bodies, are complied with. Remember that the haul road is a part of the plan and must comply with applicable setbacks.
- If isolated wetlands are located within the site, the consultant must contact the
Division of Water Quality for consultation.
- If the site is for waste, the only waste allowed, without a permit from the
Solid Waste Division, is for beneficial fill consisting of inert debris strictly limited to concrete (encapsulated rebar is OK), brick, concrete block, uncontaminated soil, rock and gravel. Asphalt, placed a minimum of 4 feet above the water table, is allowed but is not considered beneficial fill. If wood is present in the waste, then the rules for a
Land Clearing and Inert Debris Landfill must be followed.
- The Resident Engineer should advise the property owner that a 1 year, post-final compliance review will be held. At that time, any corrective action required will be performed by the Contractor, or by DOT forces or Contractors should the Contractor of record refuse to repair the area.
- After review by the
Roadside Environmental Field Operations Engineer, the Resident Engineer will submit approved copies of the map and plan as detailed on the Reclamation Plan Check Sheet. Any revisions must be initialed by the Contractor and Property Owner prior to final approval.
- If the pit is expanded, the original environmental evaluation must have been performed over the area in which the expansion is planned and must account for the expansion and the expanded activity, or a new environmental evaluation must be submitted. It is suggested that the entire parcel be included during the initial environmental evaluation.
- The boundaries of the pit and any environmentally sensitive areas within the pit or within the area of the environmental evaluation must be physically delineated and GPS coordinates must be provided.
ENVIRONMENTAL EVALUATION FOR BORROW/WASTE SITE
The attached information is provided to assist you in the review of the necessary documentation to confirm that candidate borrow and/or waste sites do not impact wetlands, surface waters (streams, lakes or ponds), regulated riparian buffers or federally-protected species. The Resident Engineer and Division Environmental Officer will evaluate the environmental documentation that is required, along with the reclamation plan and associated checklist.
Approval of the use of the borrow or waste site for activities exclusively in support of a North Carolina Department of Transportation project will be, in part, dependent on the presence or absence of these sensitive environmental resources at the candidate sites.
In order to provide the necessary environmental documentation to the Resident Engineer and Environmental Officer, it will be necessary for the Contractor to engage the services of a qualified environmental consultant to perform appropriate site investigations that will confirm or refute the occurrence of wetlands, surface waters, regulated riparian buffers and federally protected species within the impact limits of the proposed waste and/or borrow sites and associated access or haul roads.
CONTRACTOR EMPLOYS ENVIRONMENTAL CONSULTANT
In order to ensure that the candidate borrow and/or waste sites have been properly evaluated, the contractor may employ the services of an experienced environmental consultant. The environmental consultant must be competent in the natural sciences, with proficiency in jurisdictional wetland and stream identification and delineation, protected riparian buffer identification, and experience in conducting site investigations for the presence of federally protected species.
Once the consultant has completed thorough field inventories of the candidate borrow and/or waste sites, a concise technical report should be submitted to the contractor, detailing any pertinent findings. The following information should be included in the report:
- General description of candidate site location including a location map, USGS Topographic Map, and a Soil Survey Map.
- General description of the vegetative communities at and adjacent to the candidate site.
- Identification, delineation, and discussion of jurisdictional wetlands at the candidate site (including a discussion of soils, vegetation, and hydrology and completion of
USACE wetland data sheets).
- Identification, delineation and discussion of jurisdictional surface waters (streams, ponds or lakes) at the candidate site. If dewatering of the pit is proposed, define the point at which the discharge effluent enters into jurisdictional waters. Include GPS coordinates for upstream and downstream sampling locations.
- Identification, delineation and discussion of regulated riparian buffers at candidate sites and within
50 feet of candidate sites located within river basins that are subject to buffer rules. If a stream, pond or lake is depicted on the most recent
U.S. Geologic Service topographic map (1:24,000 scale) or soil survey prepared by the
U.S. Department of Agriculture-Natural Resource Conservation Service, (formerly Soil Conservation Service), the system is subject to the riparian buffer rule. The contractor may contact the
N.C. Division of Water Quality for an on-site determination to identify inaccurately depicted surface waters or waters that the consultant determines may be blue-lined but are not depicted.
- Evaluation of potential habitat for federally protected species and surveys for federally protected species if habitat is identified at the candidate borrow and/or waste site. Biological conclusions shall be rendered for each species.
- Identification of jurisdictional wetlands, surface waters, and protected riparian buffers at the site or within a
400’ perimeter of the site, on appropriate and relevant maps. These types of maps include U.S. Geologic Service topographic map (1:24,000 scale) and soil survey prepared by the U.S. Department of Agriculture-Natural Resource Conservation Service, (formerly Soil Conservation Service), and site map. All copies of the reclamation plan shall include color topographic maps. The maps should be clear enough to allow someone unfamiliar with the locale to travel to the site and identify all points of interest discussed in the report using GPS coordinates (i.e. wetlands, surface waters, regulated riparian buffers and federally protected species). Local roads should be labeled and each map must be prepared to scale. At least one figure should identify the boundaries of the candidate site, using GPS coordinates, within a larger landscape setting. Additionally, boundaries of the candidate site shall be flagged. The environmental consultant shall consider impacts to adjacent wetlands and surface waters within a
400’ perimeter of the proposed site. If jurisdictional areas are identified within the proposed pit or the
400’ perimeter and dewatering/wet mining/ excavating below seasonal water table or adjacent streambed elevation is planned, the Contractor shall maintain a
400’ buffer between the land disturbing activity or obtain concurrence for the proposed activity from the
USACE. Any meeting with the USACE will include the Resident Engineer or a member of their staff.
- If water is to be pumped from the site, and the site falls within one of these 15 counties; Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, Wilson, the contractor’s plan to comply with the
North Carolina Division of Water Resource’s Central
Coastal Plain Capacity Use Area rules shall be discussed.
- Qualifications and experience of the investigators and the methodologies employed in the investigation.
The purpose of this report is to verify whether there are wetlands, surface waters, regulated riparian buffers, or federally protected species at the site prior to the initiation of construction activities. The contractor should attach the technical report to the draft reclamation plan at the time the report is submitted to the Resident Engineer. The Resident Engineer will forward a copy of the report to the Division Environmental Officer.
- Assure that if buffer zones are required, they have been physically delineated and the GPS coordinates compare correctly with the physical delineation.
- Assure that approved sediment controls are adequately installed.
- Require the stockpiling of topsoil for replacement on pit slopes.
- Seed and mulch the stockpile and provide temporary sediment control if needed.
- Inspect each pit at least weekly as a part of the routine weekly erosion control inspection.
- If water is being pumped, ensure that BMP’s have been designed, installed, operated, and maintained to minimize turbidity to the extent to avoid habitat degradation or removal of a use designation.
- Limit the erodible slope area to
1 acre prior to beginning seeding.
- Excavate sites in a manner that allows for dressing and seeding of slopes in keeping with the
1 acre tolerance.
- Assure that a minimum of
4 feet of water will remain in the pit if it is to serve as a pond.
- Occasionally check the site for plan conformance and either revise the plan or correct the site.
- Check slope rates during construction. Slopes should be built to plan rates during the initial disturbance to provide the best opportunity for permanent stability and limit the need for temporary seeding.
- Compare the final condition of the pit to the plan and amend the plan or the pit if differences exist.
- Assure that a permanent stand of vegetation is covering the pit. The type of vegetation should meet the reclamation plan seed mixture. If necessary, various types of seed should be incorporated into the seed mixture to assure a long lasting, survivable vegetative cover.
- Assure that a minimum of
4 ft. of water is remaining in the pit if it is to serve as a pond.
- Assure that a minimum of
6” of soil, capable of supporting vegetation, is covering waste.
- Ensure that no standing pools of water remain.
- Ensure that all temporary sediment controls have been removed.
- Ensure that the final contours are compatible with the surrounding topography.
IN WRITING, notify the Property Owner that the project is complete and all work on the site is complete. This notification shall refer to the property owner’s signed statement allowing site inspections and any repair work during the coming year.