CONSTRUCTION SPECIFICATIONS

Ethel Hollow Phase II – Site A

LOGAN COUNTY, WEST VIRGINIA

PREPARED BY

ALLIANCE CONSULTING, INC.

BEAVER, WV

FOR

STATE OF WEST VIRGINIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

ABANDONED MINE LANDS AND RECLAMATION

SEPTEMBER 2023

TABLE OF CONTENTS

SECTION PAGE

I. SPECIAL PROVISIONS

I. Location/Site Description

II. Scope of Work

III. Borrow (Disposal) Areas

IV. Disposal of Unsuitable Material

V. Permits, Licenses, and Fees

VI. Contractor Information Form (AVS)

VII. NPDES Stormwater Requirements

VIII. Construction Sign

II. TECHNICAL SPECIFICATIONS

1.0 Mobilization and Demobilization

2.0 Construction Layout

3.0 Quality Control

4.0 Site Preparation

5.0 Erosion and Sediment Control

6.0 Revegetation

7.0 Drainage Structures

8.0 Unclassified Excavation

9.0 Utilities

Ethel Hollow Phase II – Site A

I. SPECIAL PROVISIONS

I. LOCATION / SITE DESCRIPTION

This project consists of providing sediment and erosion control as shown on the plans, regrading refuse, soil cover, installation of drainage control structures, reconstruction of trail roads, revegetating all soil covered and disturbed areas, and final site cleanup.

Directions to Pre-Bid Meeting:

Travel South on Route 10/Logan Blvd. from Logan to Man. Turn left to stay on Logan Blvd. Turn right to stay on Logan Blvd/Walnut St. Turn left on WV-17N/Blair Mountain Hwy. Turn left on Ethel Hollow. A turnoff area is located at the entrance of Ethel Hollow for parking and the meeting to take place before traveling to the project site.

The GPS location for the Pre-Bid Meeting is as follows: 37° 52’ 02” 81° 54’ 41”

II. SCOPE OF WORK

The work covered by the Special Provisions and Technical Specifications consists of furnishing all labor, plant, power, equipment, materials and supplies, and performing all operations necessary for the completion of the project. The Contractor shall perform all operations necessary for:

Providing sediment and erosion control as shown on the plans Reconstruction of Hatfield McCoy ATV trail roads Drainage channel installation Regrading refuse Soil cover Revegetate all disturbed areas Final site cleanup

The Contractor shall also be responsible for surveying, including establishing construction baseline, measuring and developing all completed quantities on the job, and the ordering, purchase and delivery of any and all materials required for construction or required for development of support areas. The Contractor shall perform all other operations as incidental to the program as specified herein.

III. BORROW (DISPOSAL) AREAS

All borrow (disposal) areas must be approved by WVDEP. Should the Contractor decide to obtain and utilize any borrow areas outside of construction limits, or move material from one property owner to another, unless designated on the plans, the Contractor shall be responsible to obtain from the property owner(s) of the borrow areas, all necessary rights of entry, including rights of entry for WVDEP and OSMRE for inspection purposes. The said rights of entry agreement must state that the property owner(s) indemnify and hold harmless the WVDEP for Contractor’s action for any injury or damages whatsoever resulting from the use of the property.

The Contractor also shall submit a borrow/disposal area reclamation plan for prior approval by WVDEP. The Contractor shall observe the following NEPA compliance schedule relative to selecting and utilizing any off site borrow areas and/or any waste disposal areas.

a. No borrow (disposal) site operations will affect a site listed in, eligible for or proposed to be listed in the National Register of Historic Places.

b. No borrow (disposal) operations will be located within one-quarter mile of any federally listed established or prospective component of the National Wild and Scenic River System under 16 USC 1274 and 1276.

c. Borrow (disposal) site operations will not cause a significant encroachment within the base floodplain (CE.O. 11988: Floodplain Management).

d. Borrow (disposal) site operations will not be located in or affect a critical habitat of a federally listed endangered or threatened species under 16 USC 1531, et. seq.

e. No borrow (disposal) operations will occur in wetland areas which are designated by appropriate agencies.

f. Borrow (disposal) site operations will be consistent with any approved plans governing ambient air quality.

g. Adherence to these mitigation measures does not relieve the Contractor of the obligation or responsibility to obtain any other federal, state, or local approvals required to use borrow (disposal) areas and conduct such activities.

h. Documentation: Copies of borrow (disposal) site approvals and concurrences will be submitted to the WVDEP prior to the commencement of reclamation activities.

i. Site Monitoring: Borrow (disposal) activities will be monitored by the state to ensure compliance with contractual requirements, applicable federal, state, and local laws, and any permit conditions.

Contractor shall observe the following requirements for borrow (disposal) areas within the proposed construction limits:

a. Maximum slopes shall be 2H:1V or as approved by WVDEP.

b. No highwalls created during borrow (disposal) activities shall be left exposed.

c. Erosion and sediment controls shall be required as approved by WVDEP.

d. All disturbed areas shall be revegetated as per Section 6 of these specifications.

e. All exposed refuse shall be covered with a minimum 1-foot of soil cover.

f. Maximum slope length shall be 50 vertical feet unless otherwise noted in the plan or as approved by WVDEP.

g. Benches shall be constructed every 50 vertical feet. Benches shall have a minimum width of 15 feet and a minimum 5 percent slope to keep drainage from flowing over the slope.

h. Drainage structures shall be installed as required and as approved by WVDEP.

IV. DISPOSAL OF UNSUITABLE MATERIAL

All waste areas shall be obtained in accordance with Special Provisions Section III (Borrow/Disposal Areas) of these specifications. All unsuitable materials (wood, trash, debris, and garbage) as determined by the WVDEP shall be wasted by the Contractor, at his/her expense, outside the limits of work conforming to the requirements of Sections

4.3.8 of these Specifications. Wood may be burned in conformity with Sections 4.3.7 of these Specifications.

The Contractor shall observe the NEPA compliance schedule relative to selecting and utilizing any off-site disposal areas in accordance with Special Provisions Section III of these Specifications.

V. PERMITS, LICENSES AND FEES

The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Permits required for this project may include but not be limited to: Corps (USACOE) Permit, Water Quality Certification from WVDEP and burning permits from WVDNR and WVDEP Office of Air Quality. A copy of the permit/permits as procured shall be furnished to the Owner prior to initiation of the work under this Contract. The WVDEP will obtain the NPDES permit from WVDEP. Contractor shall be responsible for any Stream Activity Permits necessary to complete the project work.

VI. CONTRACTOR INFORMATION FORM (AVS)

Vendor must complete this form to request an eligibility evaluation from the Office of Surface Mining Reclamation and Enforcement. This requirement applies to contractors and their sub-contractors and is found under OSMRE's regulations at 30 CFR 874.16. Vendor must sign and date and form must be recent (must be completed within 30 days of submission date) to be considered for award.

VII. NPDES STORMWATER REQUIREMENTS

The WVDEP-AML shall obtain a Construction Storm Water General Permit for this project from WVDEP Division of Water and Waste Management (WVDEP DWWM). The registration for this reclamation project will be modified to include the Contractor as Co- Applicant #1, with the WVDEP-AML being Co-Applicant #2. As such, the Contractor shall assume responsibility for compliance with the terms and conditions of the permit including modifications and any future correspondence such as registration renewal invoices, inspection reports, and notices of violation shall be forwarded to the Contractor.

Upon award of the contract, the Contractor shall complete a Co-Applicant #1 signature page and submit the completed form to WVDEP-AML prior to scheduling a Pre- Construction Conference.

Upon receipt of the completed form, WVDEP-AML will request the WVDEP DWWM to modify the existing NPDES registration for this project to make the Contractor the Co- Applicant #1 to the permit.

The WVDEP DWWM will notify the Contractor and WVDEP-AML when the successful transfer of registration under WV/NPDES Storm Water Construction General Permit (No.WV0115924) is completed. A Notice to Proceed will not be issued until the contractor signs the co-applicant form and submits to the Office of Abandoned Mine Lands. Once the transfer has been completed, the WVDEP will continue to be responsible for any modification fees and annual renewal fees incurred up until the date of the final inspection of the project that occurs after completion of construction activities at the site. The Contractor shall be responsible for any and all costs associated with violations and fines assessed against the project that are a result of the Contractor’s negligence, carelessness, or failure to install permanent controls as part of the work as scheduled.

The WVDEP-AML shall apply for a Notice of Termination (NOT) from WVDEP DWWM via the Construction Storm Water website http://www.dep.wv.gov/Programs/stormwater/csw/Documents/Construction upon completion of construction activities at the site. The NOT shall be issued by WVDEP DWWM upon completion of the project. The Contractor will continue to be bound by the terms and conditions of the permit until the NOT has been approved by WVDEP DWWM. Once the project is complete, the Contractor will still bear responsibility for the NPDES registration until a NOT is received from the WVDEP DWWM.

Co-Applicant #1 Signature Page

Co-Applicant #1: ________________________________________

New and/or Modification of NPDES Storm Water of Construction Project

Name: _____________________________________________________

BY COMPLETING AND SUBMITTING THIS APPLICATION, I HAVE REVIEWED AND UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THE GENERAL PERMIT ISSUED ON JANUARY 10, 2019. I UNDERSTAND THAT PROVISIONS OF THE PERMIT ARE ENFORCEABLE BY LAW, VIOLATION OF ANY TERM AND CONDITION OF THE GENERAL PERMIT AND/OR OTHER APPLICABLE LAW OR REGULATION

CAN LEAD TO ENFORCEMENT ACTION.

I CERTIFY UNDER PENALTY OF LAW THAT I HAVE PERSONALLY EXAMINED AND AM FAMILIAR WITH

THE INFORMATION SUBMITTED ON THIS FORM AND ALL ATTACHMENTS AND THAT, BASED ON MY

INQUIRING OF THOSE INDIVIDUALS IMMEDIATELY RESPONSIBLE FOR OBTAINING THE INFORMATION.

THE INFORMATION SUBMITTED IS, TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE, ACCURATE, AND COMPLETE. I AM AWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE

INFORMATION, INCLUDING THE POSSIBILITY OF FINE AND IMPRISONMENT.

(CO-APPLICANT #1 SIGNATURE) DATE

Print Name: ___________________________________________

Print Title: ____________________________________________

Address: _______________________________________________

City: ______________________ State: _______ Zip: _________

Telephone Number: (_____) _______ - ________________

Email: __________________________________________________

FEIN: ___________________________________________________

VIII. CONSTRUCTION SIGN

1. Work Required.

The work to be performed under this Section consists of providing all labor, material and equipment necessary to install a project sign as indicated on the detail included herein and as specified herein.

2. Materials.

(a) Sign face shall be 3/4" Marine Exterior plywood or aluminum or composite material. Posts and cross-brace shall be No. 2 Grade Pine or Fir, kiln dried and pressure treated.

(b) Hardware:

(1) All hardware shall be manufactured from good, commercial-quality material and meet all applicable ASTM standards.

(2) Spikes and nails shall be common wire-type and shall meet AISI steel specifications 1010 or 1020.

(3) All hardware shall be hot-dip galvanized in accordance with

ASTM A-153.

3 Execution.

(a) Project Sign. The sign board shall be cut to the dimensions shown on the detail herein. The sign shall be painted with one (1) coat of primer and two (2) coats of white enamel. All exterior cut edges shall be smooth sanded prior to painting.

All edges shall be double primed. The letters, border and strips shall be painted as shown on the detail drawing. Posts and cross-brace shall be painted with two

(2) finished coats of brown enamel.

The Contractor shall bolt the sign to posts and provide required cross-bracing.

The posts and sign shall be erected and posts set in gravel base, as shown on the drawings. One (1) sign is required and is to be located at the discretion of the Inspector.

(b) Payment. Payment for the work which shall include installation of the project sign shall be part of the lump-sum bid for "Mobilization".

II. TECHNICAL SPECIFICATIONS

1.0 MOBILIZATION & DEMOBILIZATION

1.1 Description

This work shall consist of the performance of construction preparatory operations, including the movement of personnel and equipment to the project sites and for the establishment of the Contractor’s offices, buildings and other facilities including the construction of all temporary access roads as necessary to begin work on a substantial phase of the contract. The location of the Contractor’s office to be established shall be approved by WVDEP. It also shall include all demobilization activities involving the removal from the sites of all plant, equipment, supplies and personnel after completion of the work including cleanup of all rubbish and waste materials generated during the construction of this project and restoration of any damage to existing site improvements resulting from the Contractor’s activities at the site. This item shall also include the installation of the project sign at the beginning of the project and the removal of the sign prior to the Final Inspection. All equipment and material storage areas shall be approved by WVDEP. The Contractor shall provide and maintain sanitary facilities on-site for the duration of the project.

Upon receipt of a notice to proceed, the Contractor shall initiate and complete measures necessary to commence the work. Mobilization shall also consist of delivering to the site and assembling in working order all necessary equipment, materials, and supplies to be furnished by the Contractor to complete the work.

Demobilization shall consist of the removal from the site of all the Contractor’s equipment and materials after completion of the work and cleanup of the site. Work shall be done to the satisfaction of the WVDEP.

1.2 Method of Measurement and Basis of Payment

The bid for “Mobilization and Demobilization” shall be lump sum and cannot be more than 3% of the TOTAL AMOUNT BID for the project. Partial payments will be as follows:

(a) One-half of the amount bid will be released to the Contractor with the first estimate payable, not less than 15 days after the start of work at the project site.

(b) The final one-half of the amount bid shall be released with the last estimate payable after the work is accepted by the WVDEP and after all Final Inspection submittals are received and approved by WVDEP.

Nothing herein shall be construed to limit or preclude partial payments otherwise provided for by the contract. No deduction will be made nor will any increase be made, in the lump sum mobilization and demobilization item amount regardless of decreases or increases in the final total contract amount or for any other cause.

1.3 Pay Item

Item 1.1 “Mobilization and Demobilization” per lump sum cannot be more than 3% of the TOTAL AMOUNT BID for the project.

2.0 CONSTRUCTION LAYOUT

2.1 Description

This item consists of furnishing, placing, and maintaining construction layout stakes, (based on the original baselines and/or control points in the plans), necessary for the proper performance of the work under this contract including borrow/waste areas.

Construction limits must be clearly flagged prior to any disturbance. Pre-construction cross sections must be provided (and approved) a minimum of one (1) week prior to the start of any “unclassified excavation”. It shall further consist of determining the exact units of measure for payment. It also consists of checking and making any field adjustment to the plan alignment, grades and elevations as considered necessary by the WVDEP.

Additionally, this item shall also include the preparation of “As-Built” Plans including the Reclamation Plan and any others specifically requested by the WVDEP. All “As-Built” Plans shall be provided prior to the Final Inspection Meeting. This item will be paid according to the following schedule: up to fifty percent (50%) of the total bid amount of this item will be released for payment when all required layout work is completed. The remaining fifty percent (50%) will be paid on the final invoice once the As-Builts are submitted and approved by the WVDEP.

2.2 Materials

Construction layout materials consist of conventional survey stakes, hubs, batter boards, flagging, templates, straightedges and other devices necessary for laying out and quantifying all parts of the work.

2.3 Construction Methods

2.3.1 The Contractor shall be responsible for the proper layout of the work. The WVDEP will provide the Contractor with survey information regarding the baselines and the existing surface features shown on the Construction Drawings. The Contractor shall make all calculations involved and shall furnish and place all layout stakes.

2.3.2 The Contractor shall provide field forces and shall set all additional stakes as needed, such as offset stakes, reference point stakes, slope stakes, grade stakes, stakes for drainage, or other structures, supplementary bench marks, and any other horizontal or vertical controls necessary to secure a correct layout of the work including the re-establishment of the survey and construction baselines (as necessary), as shown on the Construction Drawings.

2.3.3 The Contractor shall be responsible for assuring the layout staking work is in conformance to the lines, grades, elevations, dimensions, and locations shown on the Construction Drawings or as required by the WVDEP. The Contractor shall furnish a copy of his/her survey records for review by the WVDEP and for the

WVDEP permanent file. These records shall be furnished as they are completed during the progress of the work.

Any inspection or review of the Contractor's layout by the WVDEP and the acceptance of all or any part of it shall not relieve the Contractor of his/her responsibility to secure the proper dimensions, grades, and elevations of the several parts of the work.

2.3.4 The Contractor shall exercise care in the preservation of stakes and benchmarks, including existing property line markers, and shall have them reset at his/her expense when any are damaged, lost, displaced or removed.

The Contractor shall use competent personnel and suitable equipment for the layout work required and shall provide that it be done under the supervision of, or directed by, a Professional Surveyor registered in the State of West Virginia. As the survey is completed, the Professional Surveyor shall certify that the site layout is complete for all necessary grades (both cut and fill), location and grades of all ditches, all cross-sections related to cut-fill where grade lines are necessary for construction and or billing. This layout shall include location stakes and cut-fill lines marked on the stakes for each pre-manufactured or formed on site structures (manholes, drop inlets, headwalls, etc.). The layout shall also include centerline stake with cut-fill lines for each channel and any areas of excavation and re-grade. The certified layout and cross-sections surveyed must be submitted to the WVDEP for approval prior to beginning construction for each item.

2.3.5 As-Built plans shall be provided to the WVDEP prior to the Final Inspection Meeting. The As-Builts shall include one (1) disc of the plans in PDF and a currently supported version of AutoCAD on CD-ROM or DVD and one (1) paper copy of the plans with the same size and scale as contained on the original plans.

The As-Builts Shall include the following:

1. The As-Builts shall show all pay items remaining on site post construction.

2. The As-Builts shall show all horizontal and vertical dimensions of all installed components (i.e. pipes, drop inlets, mine seals, drainage channels, splash pads and manholes, erosion protection materials, etc.) as well as surveyed locations of the installed structures.

3. Cut-fill sections shall have the area of the section marked by the section for easier calculation.

4. The As-Builts shall have the lines on the plans shown in either color or line type to distinguish between our original plan lines, the contractor’s original survey lines and the final grade lines. This will apply for all cross-sections on the project.

5. All waste and borrow areas shown on the As-Builts.

6. All work completed by the Professional Surveyor (licensed in the State of West Virginia) on the As-Builts must be certified by the Professional Surveyor as to completeness and accuracy of the plan submittal.

7. As-builts must show total quantities for all items on the project. The format shall be in a tabular form.

2.4 Method of Measurement and Basis of Payment

There shall be no measurement of the “Construction Layout” item as it is a lump sum. The lump sum payment also shall include the cost for providing the WVDEP pre- and post-construction ground line cross-sections for all disturbed or re-graded areas including borrow areas and “As-Built” Plans as described herein. Said lump sum bid cannot be more than 3% of the TOTAL AMOUNT BID for the project. Neither deduction nor increase will be made in the lump sum “Construction Layout” item amount regardless of decreases or increases in the final total contract amount or for any other cause. This item will be paid according to the following schedule: up to fifty percent of the total bid amount of this item will be released for payment when all required layout work is completed. The remaining fifty percent will be paid on the final invoice once the As-Builts are submitted and approved.

2.5 Pay Item

Item 2.1, “Construction Layout”, per lump sum cannot be more than 3% of the TOTAL AMOUNT BID for the project.

3.0 QUALITY CONTROL

3.1 Description

This work shall consist of testing for verification that the materials supplied and the work performed are in accordance with these specifications.

3.2 Materials

3.2.1 The Contractor shall submit a minimum of two (2) copies of shop drawings, catalog cuts and material certifications (as applicable) to the WVDEP for all offsite materials to be incorporated into the work. Written approval from the WVDEP will be required prior to incorporation of these items into the work.

3.2.2 The Contractor shall submit at least two (2) copies of the results of all tests conducted on in-situ material to be used in this project.

1. As a minimum, the compaction tests will include moisture content & density tests of the soil in accordance with the provisions of ASTM D698 (Standard Proctor) field density tests following compaction. A new Standard Proctor will be run when soil type changes occur on site and/or at the direction of the

WVDEP.

2. Soil tests to determine the lime and nutrient requirements of the areas to be re-vegetated.

3.3 Construction Methods

3.3.1 The Contractor shall furnish the services of his own testing laboratory or select an independent state certified testing laboratory. The laboratory must be approved by the WVDEP.

The Contractor shall furnish a certified technician to perform the required testing at the project site. The technician shall submit a copy of his certification and a copy of that certification shall be submitted to WVDEP at the Pre-Construction Conference. The technician shall be responsible for chain of custody of any samples that must leave the site.

3.3.2 Testing for compaction, soil nutrient and lime requirements for soil, and rock soundness testing for stone shall be performed as required by these specifications andor ordered by the WVDEP in writing. The WVDEP will determine the locations and time of any testing herein specified and the need and extent of any testing in addition to that which is herein specified.

3.3.3 The Contractor shall be responsible for performing laboratory tests of the coal, mine spoil, and any natural soil to identify the compaction requirements for their use as fill and cover material, respectively. In addition, field density tests shall be performed in accordance with the Construction Specifications. All test results shall be submitted to the WVDEP for approval of compaction criteria prior to compacting the fill material and after fill material is placed to verify that the required compaction is obtained.

3.3.4 Only new and first class materials, which conform to the requirements of these

Specifications, shall be used unless specified otherwise. When requested by the WVDEP, the Contractor shall furnish a written statement of the origin, composition, and manufacturer of any or all materials (manufactured or produced) that are to be used in the work. The sources of supply of each material used shall be approved by the WVDEP before delivery is started. If, at any time, sources previously approved fail to produce materials acceptable to the WVDEP, the Contractor shall furnish materials from other approved sources.

3.4 Method of Measurement and Basis of Payment

There shall be no measurement of the “Quality Control” item as it is a lump sum. The quantity of quality control work done will be paid at the contract lump sum price bid for this item. Said lump sum bid cannot be more than 3% of the TOTAL AMOUNT BID for the project. Nothing herein shall be construed to limit or preclude partial payments on this item up to 100% of the bid amount. No deduction or increase shall be made in the lump sum “Quality Control” item amount regardless of decreases or increases in the final total contract amount or for any other cause.

3.5 Pay Item

Item 3.1, “Quality Control”, per lump sum cannot be more than 3% of the TOTAL AMOUNT BID for the project.

4.0 SITE PREPARATION

4.1 Description

4.1.1 Clearing & Grubbing

Work performed under this section shall include the removal and disposal of all trees, stumps, shrubs and any other vegetation, wood, debris, garbage of any nature from those areas specified below and/or shown on the plans and/or any other areas as approved by WVDEP. This work shall also include the preservation from injury to all vegetation, utilities or other objects to remain as well as all other ancillary work as described.

4.1.2 Trail/Access Road Construction

The Trail/Access roads shall be covered with a 6-inch layer of 11/2“ crusher run stone. Stabilization fabric shall be installed under all Trail/Access Road areas as shown on the plans. Stabilization fabric shall be Mirafi 600X, or equal as approved by the WVDEP. Trail/Access Roads shall be constructed in accordance with the detail shown in the drawings.

4.1.3 Gravel Drive Rehabilitation

The Gravel Drive Rehabilitation roads shall be covered with layer of 11/2“ crusher run stone. The stone thickness shall be as approved by the WVDEP. In areas that will not support the stone due to soft conditions, stabilization fabric will be installed as required and approved by WVDEP.

4.1.4 Temporary Access Road

Access roads constructed to gain access to, travel between or otherwise required for equipment/vehicular site access shall be kept to a minimum and only constructed where necessary upon approval from the WVDEP, where applicable.

If the Contractor constructs such travel routes, they shall be reclaimed and revegetated according to Section 6 upon completion of the construction activities, as deemed necessary by the WVDEP, with associated costs being incidental. Any additional access shall require the Contractor to obtain written permission from the respective landowner. The existing access roads shall be maintained during construction (except when culvert, ditch and road construction are being performed), and shall be left in a condition equal to, or better than, the existing condition upon completion of construction.

Any re-grading necessary for the construction of the Temporary Access Road will be incidental to the cost of the work described herein. In areas that will not support the stone due to soft conditions, stabilization fabric will be installed as required and approved by WVDEP.

Final grading, stabilization, and providing final drainage control for existing access roads shall be performed after reclamation operations for the project have been completed.

4.1.5 Stabilization Fabric

Stabilization fabric shall be woven fabric that is used to stabilize any soft areas on an access road surface prior to stone application.

4.1.6 Spill Containment Area

Spill containment measures shall be used for fuel and lubricant storage areas. All containers, barrels, buckets, cans, etc., are to be legally disposed of offsite. Used lubricants are to be disposed of according to state law to minimize pollution to the local surface and ground water supplies. Spills are the responsibility of the Contractor and need immediate clean up and maintained at no expense to the State. Fuel tanks manufactured with secondary containment are desirable; the minimum secondary containment shall be 110 percent. In the event of a spill, the Contractor is required to call the emergency spill line (ph. 1-800-642-3074).

4.2 Materials

4.2.1 Any equipment and construction materials required for clearing, grubbing, grading and stone placement.

4.2.2 Stone to be placed for “Gravel Drive Rehabilitation” and “Trail/Access Road

Construction” shall conform to the requirements for 11/2“ crusher run stone. A WVDEP approved stone aggregate from table 703.4 of the WVDOH Standard Specifications Roads and Bridges or alternate crusher run stone sizes can be used in place of the crusher run stone as conditions warrant and at the same per ton bid cost.

4.2.3 Stabilization fabric shall be Mirafi 600X or equal.

4.3 Construction Methods

4.3.1 The specific areas to be cleared and grubbed are generally described as, but not limited to, those specific areas of excavation, backfill, soil borrow or drainage structure installation.

4.3.2 The Contractor shall clear the site within the limits of the areas to be regraded.

The WVDEP shall exercise control over clearing and shall designate all trees, plants and other objects to be removed or to remain.

4.3.3 Clearing and grubbing shall be completed prior to initiation of earthwork operations only to the extent necessary to complete the work. The Contractor shall confine his operations strictly to required areas. If he clears and grubs beyond the required areas, whether knowingly or accidentally, he shall, at his expense, replant and otherwise restore all areas outside the limit lines to a condition equal to that existing prior to start of work.

4.3.4 All timber eight (8) inches in diameter and larger at stump height shall be saw cut prior to grubbing operations. Timber shall be topped with the branches removed and stacked and stockpiled in an appropriate manner in an accessible location approved by the WVDEP on the property from which it was cut. Timber to be stockpiled shall not be pushed down by equipment prior to being cut nor can it be indiscriminately shoved into a stockpile.

4.3.5 All stumps, roots, buried logs and brush shall be removed. Grass, however, may be incorporated into the resoiling material. Taproots and other projections over 1½ inches in diameter shall be grubbed out to a depth of at least ten (10) inches below the planned subgrade or slope elevation. All holes remaining after the grubbing operation shall have the sides broken down to flatten out the slopes, and shall be filled with suitable materials, moistened and properly compacted.

4.3.6 Cleared and grubbed areas shall be worked such that positive drainage is provided to prevent ponding of water except for the purpose of sediment control sumps as approved by the WVDEP.

4.3.7 All organic material shall be burned completely to ash or otherwise removed from the site and disposed of in a manner approved by the WVDEP. Burning of the combustible material will not be permitted on or near refuse, mine portals or within close proximity to coal seams, residences, structures or utilities. The Contractor shall obtain all permits and licenses required prior to burning the material. A plan showing the location of material to be burned and all fire control measures to be implemented, including copies of permits and licenses, shall be submitted to the WVDEP’s representative at the site for approval. If a permit cannot be obtained because of the conditions stated above the tree top and stumps can be chipped or disposed of offsite to an approved location.

4.3.8 All other materials generated from required clearing and grubbing operations shall be removed and disposed of by the Contractor. All garbage, construction debris, mining debris, etc., shall be disposed of in approved waste areas or landfills (disposal tickets must be furnished to WVDEP). It shall be the responsibility of the Contractor to obtain, at no expense to the WVDEP, all necessary waste and borrow areas or landfills for the disposal of waste materials in accordance with any applicable local, state, and/or federal regulations including compliance with NEPA requirements (See Section III for NEPA Compliance Schedule). All waste and borrow areas must be approved by the WVDEP and the Contractor must provide a reclamation plan for approval. In addition, for all waste and borrow areas outside the construction limits, the Contractor must obtain from the property owner a right-of-entry agreement in which the property owner indemnifies and holds the WVDEP harmless from any injury or damages whatsoever resulting from the use of the property.

4.3.9 It shall be the sole responsibility of the Contractor to correctly locate and avoid all underground, on-ground, and overhead utilities, facilities and other structures and constructions, and for that purpose, shall employ all necessary precautions and methods to insure avoidance of and damage to such constructions. In the event damage does occur, the Contractor shall notify the affected Owner and the WVDEP immediately and make or have made all necessary repairs and bear the expense thereof and resulting damage caused thereby.

4.3.10 Trash, garbage, railroad ties, roofing shingles, tires, plastic, metal and other unsuitable material resulting from demolition shall be disposed of by the Contractor at his/her own responsibility and expense outside the work limits in an approved landfill, as approved by the WVDEP, unless otherwise directed (disposal tickets must be furnished to WVDEP).

4.3.11 Should offsite disposal or borrow be necessary, the Contractor shall observe the

NEPA Compliance Schedule as per Section III of the Special Provisions and the conditions for construction of temporary access road as specified in Section 4.3.13.

Installation of temporary access road shall be approved by the WVDEP prior to construction.

4.3.12 Existing site access roads shall provide safe, all-weather access to the site. These existing roads, including stoned and paved roads, shall be maintained during construction and left in a better than or equal to condition. The Contractor is responsible for locating and avoiding all underground and overhead utilities and constructions during access road grading and maintenance.

4.3.13 “Trail/Access Road Construction” shall conform to the detail as shown on the plans.

4.3.14 “Gravel Drive Rehabilitation” shall be placed as approved by the WVDEP.

4.3.15 Stabilization Fabric shall be placed on a prepared subgrade at locations approved by the WVDEP prior to placement of surfacing and resurfacing stone.

4.3.16 Any existing property markers disturbed or removed during construction activities shall be replaced accurately and to an “as good as” or “better than” condition and as approved by the WVDEP. This work will be paid under Section 2.0 Construction Layout of these Specifications.

4.4 Method of Measurement and Basis of Payment

4.4.1 The “Site Preparation” item shall be paid per lump sum price. The amount shall not exceed 5% of the TOTAL AMOUNT BID for each bid. Payment shall be for all materials, labor, equipment, and incidentals necessary to complete the work. This includes all clearing grubbing and demolition required on the project site.

No deduction will be made, nor will any increase be made, in the lump sum “Site

Preparation” amount regardless of decreases or increases in the final total contract amount or for any other cause.

4.4.2 The “Trail/Access Road Construction” item shall be paid per ton based upon weigh tickets from the commercial supplier of the stone that is delivered and placed at the locations identified on the plan drawings and shall include all materials, labor, equipment, and incidentals necessary to complete the work.

The “Gravel Drive Rehabilitation” item shall be paid per ton based upon weigh tickets from the commercial supplier of the stone that is delivered and placed at the locations required by the WVDEP and shall include all materials, labor, equipment, and incidentals necessary to complete the work.

4.4.4 The “Stabilization Fabric” item shall be paid per square yard and shall include all materials, labor, equipment, and incidentals necessary to complete the work.

4.5 Pay Items

Item 4.1, “Site Preparation”, per lump sum. Cannot be more than 5% of the “Total Amount Bid” for the project.

Item 4.2, “Trail/Access Road Construction”, per ton.

Item 4.3, “Gravel Drive Rehabilitation”, per ton.

Item 4.4, “Stabilization Fabric”, per square yard.

4.4.3

5.0 EROSION & SEDIMENT CONTROL

5.1 Description

This item shall consist of furnishing all materials, equipment, labor and incidentals necessary for the installation of Sediment Control Barriers (e.g. woven belted silt fence) rock check dams, and Stabilized Construction Entrance as designated in the Drawings.

Sediment control shall be placed on regraded outslope areas concurrent with construction and prior to revegetation. Additional quantities may be added at the discretion of the

WVDEP.

The CONTRACTOR shall be given a NPDES Permit with an approved erosion and sediment control plan at the pre-construction meeting. This plan shall include measures to be utilized for temporary and permanent sediment and erosion control. This plan shall also include the measures as outlined herein. The NPDES approved plan does not relieve the CONTRACTOR of his/her responsibility to be in compliance with any and all permits. All costs associated with meeting the federal and/or state regulations shall be the sole responsibility of the Contractor.

Erosion and Sediment controls shall be installed in accordance with the approved NPDES permit and as shown on the plans as soon as possible in the construction sequence. These controls shall be properly maintained throughout the duration of the contract. No invoices or payments for any items within this contract will be processed without all required Erosion and Sediment controls properly installed and maintained in good working order.

Compliance of the Erosion and Sediment controls shall be determined by WVDEP AML personnel.

The following are the minimum requirements of the NPDES Permit and/or the NPDES BMP Manual.

VEGETATIVE PRACTICES

Except as noted below, stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than fourteen days after the construction activity in that portion of the site has permanently ceased.

Where the initiation of stabilization measures by the fourth day after construction activity temporarily or permanently ceases is precluded by snow cover, stabilization measures shall be initiated as soon as conditions allow.

Where construction activity will resume on a portion of the site within 14 days from when activities ceased, (e.g., the total time period that construction activity is temporarily halted is less than 14 days) then stabilization measures do not have to be initiated on that portion of the site by the seventh day after construction activities have temporarily ceased.

Areas where the seed has failed to germinate adequately (uniform perennial vegetative cover with a density of 70%) within 30 days after seeding and mulching must be reseeded immediately, or as soon as weather conditions allow.

Diversions must be stabilized prior to becoming functional.

EROSION & SEDIMENT CONTROL CONSTRUCTION SEQUENCE

Install stabilized construction entrance as shown on site plans.

Install perimeter sediment control devices as shown on site plans.

Clear and grub site, with sequencing to limit excessive erosion.

Separate and stockpile topsoil.

Provide sediment control for any topsoil stockpiles.

Commence rough grading of site. Continue to maintain and inspect all erosion and sediment controls.

Install additional erosion and sediment controls as shown on site plans.

Fine grade site.

Permanently seed and mulch all disturbed areas within 7 days of reaching final grade.

Upon completion of project including adequate stabilization, remove all remaining erosion and sediment controls.

5.2 Materials

5.2.1 Sediment control barriers shall be Silt Saver WBSF-6 or equivalent and the installation shall meet all applicable requirements of the manufacturer’s specifications.

Even with the specific prior approval of the WVDEP, the use of woven belted silt fence shall be limited to relativity flat areas and the toe of selected slopes.

5.2.2 Stabilized Construction Entrances shall consist of coarse 3-6 inch stone over a stabilization fabric.

5.2.3 Rock Check Dams: Rock check dams shall be required at the locations as directed by the WVDEP. The rock check dams shall be constructed with 3”-6” stone.

5.2.4 Rolled Erosion Control Product (RECP) shall consist of Excelsior Type I Curlex

Blanket, or equal as approved by the WVDEP.

Stabilization fabric shall be Mirafi 600X or equal.

5.3 Maintenance

5.3.1 During the course of the project, sediment control barriers and rock check dams shall be maintained in sound condition and accumulations of silt which may threaten their effectiveness shall be removed. Silt removed from the sediment control structures shall be taken to an approved disposal area.

5.3.2 The Stabilized Construction Entrance shall be maintained in a condition that will prevent tracking or flowing of sediment onto public rights-of-way. This may require periodic top dressing with additional stone as conditions demand and repair and/or cleanout of any measures used to trap sediment. All sediment spilled, 5.2.5 dropped, washed or tracked onto public rights-of-way must be removed immediately.

Wheels on all vehicles shall be cleaned to remove sediment prior to entrance onto public rights-of-way. If washing is required, it shall be done on an area stabilized with stone and which drains into an approved sediment trapping device. If the street is washed, precautions must be taken to prevent muddy water from running into waterways or storm sewers.

At a minimum, all erosion and sediment controls on the site will be inspected at least once every four calendar days and within 24 hours after any storm event of greater than 0.25 inches of rain per 24-hour period.

All controls should be cleaned out when sediment reaches one half the sediment capacity of that control.

Inspection and maintenance records must be kept onsite.

5.4 Installation

5.4.1 Sediment Control Barrier:

Woven Belted Silt Fence: Fence posts shall be a minimum of 48" long driven 22" minimum into the ground. Silt Fence shall be inspected after each rainfall event and maintained when bulges occur or when sediment accumulation reaches 50% of the fabric height.

5.4.2 Stabilized Construction Entrance: A stabilized construction entrance shall be required at the access point of the construction site. The stabilized construction entrance shall consist of filter fabric and a minimum of six (6) inches of 3” to 6” stone. The stone entrance shall be a minimum of seventy (70) foot long and twelve

(12) foot in width. This stone construction access must conform to the detail drawings shown in the plans.

5.4.3 Rock Check Dams: Shall be installed in channel. The top of dam shall have a low center section and with the same width as the channel bottom and 6” lower than the outer edges. Rock Check Dams shall be constructed per the typical section on Plans.

Standard rock check dams shall be removed after the first growing season and the channel brought up to the lines and grades as depicted in the channel profile and stabilized with erosion control matting per the typical detail for vegetated channels.

5.4.4 Rolled Erosion Control Product (RECP): RECP shall be placed at the locations shown on the plans. Anchor the RECP’s according to manufacturer’s recommendation. Securely fasten all RECP’s to the soil by installing stakes/staples at a minimum rate as shown by manufacture’s recommendation. For the most effective RECP installation use stake/staple patterns and densities as recommended by the manufacturer. For adjacent and consecutive rolls of RECP’s follow seeming instructions by manufacturer’s recommendations. Additional wooden stakes and varying patterns may be required and must be approved by the WVDEP.

5.5 Removal

5.5.1 Upon completion of the project (as determined by the WVDEP) including adequate stabilization, all temporary erosion and sediment controls shall be removed from the site, including but not limited to water breaks, water break outlet protection, check dams and silt fencing. The site should be left with a clean/neat appearance and any disturbed areas shall be revegetated. Rock outlet protection for permanent drainage structures shall not be removed once the project is complete.

5.6 Method of Measurement and Basis of Payment

5.6.1 Woven Belted Silt Fence shall be paid per linear foot and include all materials, labor, equipment, and incidentals necessary to complete the work. Additionally, payments shall constitute full compensation for any required maintenance, sediment removal and disposal.

5.6.2 Stabilized Construction Entrances shall be paid per ton based upon weigh tickets from the commercial supplier of the stone that is delivered and placed at the locations identified on the plan drawings and shall include all materials, labor, equipment, and incidentals necessary to complete the work. Additionally, payments shall constitute full compensation for any required maintenance including periodic top dressing with additional stone and removal at completion of the project work.

5.6.3 Rock Check Dams shall be paid per each and include all materials, labor, equipment, and incidentals necessary to complete the work. Additionally, payments shall constitute full compensation for any required maintenance, sediment removal/disposal and removal of rock check dams after the first growing season.

5.6.4 Rolled Erosion Control Products shall be paid per square yard and include all stakes/staples, materials, labor, equipment, and incidentals necessary to complete the work. Additionally, payments shall constitute full compensation for any required maintenance including repairing any damaged slopes, rills, and replacing matting.

5.7 Pay Items

Item 5.1, “Woven Belted Silt Fence”, per linear foot.

Item 5.2, “Stabilized Construction Entrance”, per ton.

Item 5.3, “Rock Check Dam”, per each.

Item 5.4, “Rolled Erosion Control Product”, per square yard.

6.0 REVEGETATION

6.1 Description

This work shall cover all operations incidental to the establishment of vegetation within the limits of construction as shown on the Drawings and any other areas as approved by the WVDEP. This work also includes the furnishing and the application of fertilizer, agricultural limestone and mulch and the furnishing and sowing of seed, all in accordance with these Specifications and as designated herein.

No areas outside the limits of construction shall be disturbed without prior approval from the WVDEP in order to ensure that Right-of-Entry has been obtained.

Any areas outside the limits of construction, disturbed by the Contractor shall be re-vegetated by the Contractor at no expense to the WVDEP.

6.2 Materials

6.2.1 Fertilizer

The commercial fertilizer to be used shall consist of 10-20-20 grade of uniform composition and furnished in standard containers. These containers, in accordance with applicable state and federal laws, must be clearly marked with the following information:

a. Weight

b. Name of Plant Nutrients

c. Guaranteed Nutrients Percentages

Fertilizer shall be applied at a minimum rate of 1,000 lbs./acre. Fertilizer shall be applied immediately to all areas reaching final grade.

6.2.2 Lime

The lime to be used will be an agricultural grade pulverized limestone containing a minimum of 75% total carbonates or calcium carbonate equivalent. Fineness will be such that no less than 70% will pass through a #100 sieve and 100% will pass through a #20 sieve.

Lime shall be applied immediately to all areas requiring seeding reaching final grade.

6.2.3 Seed Mixtures

The variety of grass, legume and grain seed furnished for the project shall bear a tag, in accordance with applicable state and federal laws, with the following information listed:

1. Lot NumberSeed Producers Name

2. Percent Purity

3. Percent Germination

4. Date of Germination Testing

5. Weed Seed Content (should be <0.25% by weight)

All leguminous seed shall be inoculated with the specified strain of rhizobia which shall be a pure culture of bacteria selected for maximum vitality. No rhizobia shall be used which has passed the expiration date on each package.