Harold Keene Bond Forfeiture 1102284_SPECS_Final 5_5_26 - signed.pdf

GENERAL AND TECHNICAL

SPECIFICATIONS

FOR

HAROLD KEENE SURFACE COMPANY, LLC

P.N. 1102284 BOND FORFEITURE

KILGORE CREEK MINE

15474 SANDY RIDGE ROAD, ST. PAUL

DICKENSON COUNTY, VIRGINIA

PREPARED BY:

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF ENERGY

MINED LAND REPURPOSING

ABANDONDED MINE LAND PROGRAM

May 5, 2026

Table of Contents

GENERAL SPECIFICATIONS

TECHNICAL SPECIFICATIONS

1. MOBILIZATION

2. SITE PREPARATION

3. EROSION & SEDIMENTATION CONTROL

4. EXCAVATION AND BACKFILLING

5. AGGREGATE

6. POND REMOVAL

7. WETLAND RESTORATION

8. REVEGETATION

9. CLEAN UP AND REPAIR OF DAMAGE

10. QUALITY CONTROL

11. SAFETY PRECAUTIONS

12. FUGITIVE DUST CONTROL

GENERAL SPECIFICATIONS

Section 1.

All the following parts considered as a whole shall comprise the complete specifications. They are complementary and anything called for by one and not the others shall be considered binding as though called for by all.

1.1 Bid Package (General Clauses, General Conditions, Notice and Instructions to Bidders, etc.).

1.2 General Specifications (Pages 1-7) and Technical Specifications (Pages 8-23)

1.3 Plan Drawings (Sheets 1-13).

Section 2. DEFINITIONS

2.1 The word “Agency” shall mean the Commonwealth of Virginia, Department of Energy, Mined Land Repurposing.

2.2 Where the word “Contract” is used, it shall be understood to refer either to a purchase order placed by the

Agency and accepted by the Contractor together with this specification and all other documents referred to in such purchase order; or to a formal contract executed by the Agency and the Contractor, together with this specification and other documents referred to in such formal contract.

2.3 The word “Contractor” means the person, firm, or corporation named as such in the contract and includes the plural number and the feminine gender when such are named in the contract as the Contractor.

2.4 The word “Subcontractor” means only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design but does not include one who merely furnishes material not so worked.

2.5 Where the word “Work” is used, it shall be understood to mean and include any and all labor, supervision, services, materials, machinery, equipment, tools, supplies and facilities called for by, and to complete, the Contract.

Section 3. SCOPE OF WORK

3.1 The work to be performed under the terms of this Specification consists of mine site reclamation on the site known as the HAROLD KEENE SURFACE COMPANY, LLC P.N. 1102284 Bond Forfeiture in DICKENSON COUNTY, Virginia, for the Commonwealth of Virginia.

3.2 The intent of this Specification is to prescribe the complete work to be performed. The specification is written to permit and direct the work to be conducted by the selected Contractor. If there are any contradictions between the Specifications and Drawings, the Contractor shall bring these facts to the attention of the Agency and obtain the Agency’s decision as to the true meaning and intention.

3.2.1 The Contractor remains responsible for timely identifying any conflicts as may be found to the attention of the Agency.

3.2.2 In the absence of a formal written response from the Agency, or in the event the Contractor fails to bring such to the attention of the Agency, the Contractor is responsible to ensure compliance with the most stringent requirement.

Section 4. TIME SCHEDULE

4.1 The Work shall be executed with sufficient personnel, equipment and material to complete the work in a period of 180 calendar days.

Section 5. WORK BY CONTRACTOR

The Contractor shall:

5.1 Furnish all supervision, labor, materials, tools and equipment necessary to perform all work. The work shall consist principally of the following:

5.1.1 Construct erosion and sediment control measures as directed.

5.1.2 Maintain site drainage through proposed and existing ditches and other storm-water management structures.

5.1.3 Clean up coal residue from specified areas and encapsulate in backfill areas.

5.1.4 Reclaim specified highwalls with onsite spoil material.

5.1.5 Revegetate all areas disturbed by reclamation activities.

5.1.6 Reclaim and vegetate sediment pond areas.

5.2 Be responsible for receiving, unloading, storing, protecting and handling all materials and equipment furnished by the Contractor or the Agency for the execution of all work under this Specification.

5.3 Be responsible for demurrage or claims incurred because of negligence in expediting the unloading of materials or equipment.

5.4 Replace any defective material furnished by the Contractor or any defective work performed by the

Contractor’s forces at the Contractor’s own expense.

5.5 Furnish to the Agency for approval before start of work, a Schedule of Work and procedure for construction of the work covered by the contract.

5.6 Be responsible for scheduling, expediting, directing, inspecting and coordinating the work so as to complete the work in the time agreed upon. The Contractor shall immediately notify the Agency of any impending problems, which could delay the completion of the work.

5.7 Before starting the work, contact the Agency for proper clearance and be governed by the Agency’s instructions.

5.8 Be responsible for locating, relocating and protecting from damage existing underground and overhead utilities when such utilities are clearly visible. Be responsible for verifying the location of all utilities, pipes, etc. before initiating the work.

5.9 Confine all workers to the construction area.

5.10 Provide drinking water and containers.

5.11 Provide watchmen, safety barricades, lights, signs and other items necessary for layout and installation of the work.

5.12 Furnish all labor, stakes, templates and tools and perform all field surveying and engineering to establish construction quantities and the lines and grades necessary for layout and installation of the work.

5.13 Be completely familiar with the location and accessibility of various construction and storage sites to determine the best material and equipment handling methods for the orderly completion of the work.

5.14 Have on the work site during construction a competent superintendent, duly authorized to represent and act for the Contractor in all matters pertaining to the work covered by this Specification.

5.15 Not perform any additional or temporary work for the Agency’s account unless on specified written orders, signed by the Agency’s authorized representative and Contractor and only in the amounts of the various types of work specified in said orders.

5.16 Work in close cooperation with the Agency and others engaged in the project so that the work will be completed with dispatch and in an orderly manner.

5.17 Continuously maintain adequate weather and fire protection of the Contractor’s work from damage and shall protect property from damage or loss arising in connection with this contract. The Contractor shall make good any such damage or loss.

5.18 Comply with the provisions of the “Occupational Safety and Health Act of 1970, Public Law 91-596”, 29

CFR and 30 CFR; and the Safety Codes Commission of the Commonwealth of Virginia, issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia (1950), as amended. The Contractor shall be held liable to the Agency for any health and/or safety infractions, on the Contractor’s part, which cause the Agency or surface owner to receive a citation and/or fine from any local, state or federal agency. Actual costs involved will require satisfaction, by the Contractor, to the Agency or surface owner.

5.19 Maintain the site of work in an orderly manner. The Contractor shall provide personnel and supervision to continuously clean up the construction area under this jurisdiction. Should the Contractor refuse or fail to clean up or remove debris when requested by the Agency, it is understood that the Agency may employ others to do this work, and without further authority withhold the cost thereof from any payment due the Contractor.

5.20 Dispose of all debris and waste resulting from work at a disposal site approved by the Agency. The

Contractor shall comply with all Department of Environmental Quality requirements concerning the use, handling, and disposal of petroleum products, working in or near streams and wetlands, burning or releasing emissions into the air, and disposal of solid waste and hazardous or toxic waste. The Contractor shall not put or spill any materials into any drainage system that would pollute area streams or waterways.

The Contractor shall be liable for any pollution caused directly or indirectly by the Contractor’s employees or those of any subcontractors.

5.21 Furnish all special apparatus, welding machines, air compressors, hoisting equipment, tools, implements, cartage, scaffolding, ladders, planks, acetylene gas, oxygen gas, expendable materials, temporary light and heat, construction materials, shims, and all other materials that may be required for the proper completion of the work.

5.22 Furnish electrical power, gas, compressed air, and any other utilities required for use during construction.

The Contractor shall remove all temporary wiring, switches, lights, piping, and connections to service facilities used during construction. Such connections shall not be made without approval of the Agency.

5.23 Provide temporary supports as may be required during construction including those necessary to ensure the stability of the proposed excavation or working under mine roofs.

5.24 Not be permitted to drive any crawler type equipment or rollers on any paved roads except on rubber tire floats or similar vehicles. The Contractor shall protect pavement when it is necessary to move such type equipment across any paved roadway.

5.25 Not be permitted to keep within buildings or structures any stock of gasoline, kerosene, diesel fuel or similar flammable material. Any such flammables shall be stored in areas arranged by the Contractor, in a manner approved by the Agency and in compliance with the Department of Environmental Quality’s AST Regulations.

5.26 Be responsible for shoring as required to prevent damage to any adjacent structures, utilities or property.

5.27 Repair to the satisfaction of the Agency, at the Contractor’s own expense, any damage to adjacent structures, utilities or property.

5.28 Allow and provide the Agency access to the work for inspection whenever it is in preparation or progress and provide proper facilities for such access and inspection.

5.29 The drawings and specifications illustrate the general character and scope of the work. Any additional detail and other information deemed necessary by the Agency will be furnished to the Contractor when and as required by the work.

5.30 Where the word “similar” appears on the drawings, it shall be interpreted in its general sense and not as meaning identical, and all details shall be worked out in relation to their location and their connection with other parts of the work.

5.31 The specifications are divided into several parts for convenience only, since the entire specifications must be considered as a whole. The divisions of the specifications are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade. The Contractor shall be responsible for the coordination of the trades, subcontractors, and venders engaged upon this work.

5.32 The Contractor shall verify measurements or dimensions shown on the drawings at the site. Where there are discrepancies, the Agency shall be consulted.

5.33 The Contractor shall maintain at the site one copy of all drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction.

5.34 Before performing any excavation the Contractor shall contact VA811 at va811.com or dial 811 to confirm the location of any below ground utility lines in the work area. The contractor shall provide the Agency with the VA811 ticket number. The affected utility companies will mark the location of the underground lines within 48 hours after being notified. If the work is to continue more than 15 days, they will return to remark the utility lines as requested. Further details about the VA811 program and its requirements are available at the website www.va811.com.

5.35 The Contractor shall comply with all regulations governing storm water discharges from construction activities. The contractor shall implement an erosion and sediment control plan throughout the duration of construction activities.

5.36 The Contractor shall certify that all materials meet the requirements of these specifications and governing authorities.

5.37 The Contractor shall comply with permits issued by the Army Corps of Engineers and any other permits required to complete construction for this project.

Section 6. WORK BY AGENCY

The Agency will:

6.1 Furnish the site in an “as is” condition.

6.2 Provide limited area, not necessarily adjacent to the site, for storage purposes and for the Contractor’s offices, change houses, sanitary stations, and tool and storage sheds. The Contractor shall make and maintain access to the facilities.

6.3 Furnish all design and detail drawings necessary to complete the specified work. One set of Plans and Specifications will be sold to interested bidders. Additional sets of Plans and Specifications will be issued to the selected Contractor as needed.

6.4 Designate in the field the manner in which the work is to be performed, as conditions warrant, if not detailed in the Specifications or shown on the Drawings.

6.5 Inspect the work during its progress. No work will be considered completed until approved by the Agency.

6.6 Obtain right of entry.

TECHNICAL SPECIFICATIONS

FOR

1. MOBILIZATION

1.A SCOPE

This item shall consist of the mobilization and demobilization of the Contractor’s forces and equipment necessary for performing the work required to complete the Contract.

1.B PROCEDURE

It shall include the purchase of contract bonds (if applicable), eVA fees, insurance, transportation of personnel, equipment and operating supplies to the site, and other preparatory work at the site.

It shall not include mobilization for any specific item of work for which payment for mobilization is provided elsewhere in the Contract.

This item covers mobilization for work required by the Contract at the time of award. If additional mobilization costs are incurred during performance of the contract as a result of changed or added items of work for which the Contractor is entitled to an adjustment in contract price, compensation for such costs will be included in the price adjustment for the items of work changed or added.

1.C MEASUREMENT AND PAYMENT

1.C.i Measurement: Measurement for MOBILIZATION shall be Lump Sum for the job as shown in the project Scope of Work.

1.C.ii Payment: Total payment for MOBILIZATION shall not exceed 5% of the Base Bid amount.

Exceeding this limit may be basis for rejection of the bid as non-responsive. The Base Bid amount shall be the total of all sub-items on the Bid Schedule, less the amount for Mobilization.

Payment for MOBILIZATION shall be the Lump Sum amount listed on the Bid Schedule and shall constitute full compensation for all labor, equipment, materials and incidentals necessary to complete the work.

Payment for MOBILIZATION shall be made on the basis of 50% of the Lump Sum amount on the first invoice submitted and the remaining 50% on the final invoice.

2. SITE PREPARATION

2.A SCOPE

This item shall include repair to access roads needed for equipment and vehicle access and travel. This item shall also include all clearing, grubbing, site access, and general site preparation work on any areas affected by the project. The work shall consist of the grubbing and disposal of trees, tree stumps, brush, snags, logs, debris, and the general repair to access roads as directed by the Project Manager or Project Inspector.

2.B PROCEDURE

The materials which are cleared, grubbed, stripped or otherwise included as part of this work shall be removed from the site to an approved landfill. Woody materials may be disposed of on site at the direction of the Project Manager or Project Inspector. Repair and surfacing of the access roads will be done at the direction of the Project Manager or Project Inspector.

2.C MEASUREMENT AND PAYMENT

2.C.i Measurement: Measurement for SITE PREPARATION shall be on a per job basis for all work accepted and approved by the Agency.

2.C.ii Payment: SITE PREPARATION shall be based upon the Lump Sum amount on the Bid Schedule.

Payment as specified shall be full compensation for all labor, materials, equipment and incidentals necessary to complete the work.

3. EROSION & SEDIMENTATION CONTROL

3.A SCOPE

This item shall consist of furnishing, maintaining, and removing temporary silt fence as directed by the Project Manager or Project Inspector around the work area. Silt fence shall be maintained as necessary to prevent siltation from entering the streams.

3.B MATERIALS

All constituent elements of the silt fence shall conform to the notes and dimensions as shown on the Drawings.

3.B.i Silt Fence

Silt Fence filter fabric shall be Terra Tex SD-F made by Hanes Geo Components or equivalent, and shall be specifically recommended for this purpose by the manufacturer and shall meet or exceed the following specifications:

U.V. Resistance (ASTM D-4355) 80%

Grab Tensile (ASTM D-4632) 125 lbs Permittivity (ASTM D-4491) 0.1 sec-1 Flow Rate (ASTM D-4491) 8 gpm/ft2

Silt Fence posts shall be either timber stakes (2” x 2” min.) or pressed steel stakes set plumb and to sufficient depth to provide a sound anchor for the supporting wire fence and/or filter fabric.

3.C INSTALLATION

Silt fence shall be placed at all necessary locations to prevent erosion and as approved by the Project Manager or Project Inspector. Vertical wood posts shall be protected by means of a metal cap or other device to prevent damage when hammers are used to drive the posts into the ground.

3.D MAINTENANCE

Maintain silt fences in a functionally sound condition. Promptly remove accumulations of silt each day.

Following the usefulness of each structure, remove and dispose of it in an approved location.

3.E MEASUREMENT AND PAYMENT

3.E.i Measurement: SILT FENCE shall be measured on a Linear Foot basis for the length of sediment control actually installed, maintained and removed.

3.E.ii Payment: Payment for SILT FENCE shall be based upon the Linear Feet accepted and approved of each item by the Agency and the Unit Price listed in the Bid Schedule for each pay item.

Payment as specified shall be full compensation for all labor, materials, equipment and incidentals required to install, maintain and remove the items specified.

4. EXCAVATION AND BACKFILLING

4.A SCOPE

Work under this item consists of the excavation and placement of material to the required grade, backfilling the highwalls as shown on the drawings, and ensuring positive drainage throughout the project site. All reasonably available spoil material will be utilized to backfill highwalls to the maximum extent possible. Work shall be performed utilizing off-road equipment.

4.B CLASSIFICATION

All excavation under this specification shall be classified as “common”. Materials to be removed will consist of earth, sediment, coal remnants, loose and fragmented sandstone material, soft or disintegrated shales, and similar materials.

4.C PROCEDURE

4.C.i Material Removal: Material shall be excavated from the available spoil areas within the permit boundaries. All finished grading shall be pleasing in appearance with smooth grades sloped in accordance with the plan drawings.

4.C.ii Coal Remnants: Two areas have coal remnants remaining on the permit site. See Site Plans on

Drawing Sheets Nos. 2 & 3 for general locations. One area is a stockpile and loading area and the other is a pre-law bench area where coal was piled and loaded. The coal remnants and the relatively small amount of intermingled earth material will be scraped from the areas and encapsulated in the backfill material. Place this material “high and dry”, above the water table, away from the highwall, and above the mining bench. The material will be surrounded with a minimum of 4 feet of the most impermeable, non-toxic, and nonacidic spoil material available on-site. See Drawing Sheet No. 13 for further encapsulation details.

4.C.iii Material Disposal:

4.C.iii.a Lifts: The Contractor shall place the material in level, horizontal lifts, extending over the entire area being filled. During construction, the top surface of the fill area shall be sloped with a grade of not less than 2%, in order that the fill may freely drain toward the slopes.

Sediment control shall be placed around the area as directed by the Project Manager or Project Inspector.

The thickness of the layers before compaction shall not be more than 4 feet. No material placed in the area by dumping in piles or windrows shall be incorporated in a layer in that position but shall be moved and spread by blading or similar approved methods. All reasonably available spoil material will be utilized to backfill highwalls to the maximum extent possible. All finished grading shall be pleasing in appearance with smooth grades and sloped in accordance with the plan drawings. The best available soil material shall be applied as the last lift.

4.C.iii.b Compaction: Each lift of material shall be compacted with at least 4 passes of a dozer that exhibits a minimum ground pressure of 9 psi. Approved equipment includes Caterpillar Model D-6D (maximum track width of 18”) and Model D-7G (maximum track width of 22”).

Other compaction methods may be utilized if approved by the Project Manager or Project Inspector.

4.C.iv Temporary Drainage Control: The Contractor shall construct and maintain all necessary temporary channels, diversions, pipes, or other means required to pursue excavation and work in a timely manner. The Contractor shall not constrict natural drainage nor impound water on the project unless specifically required by the Drawings and/or Specifications or approved by the Agency.

This shall be considered incidental to this portion of the work, with no additional compensation to the Contractor.

4.D ACCESS ROADS

4.D.i Existing Roads: Maintain all existing roads used as access to the project site(s) in a condition passable to construction vehicles and equipment at all times. The Project Manager or Project Inspector must approve all temporary road closings. Any roads that are not remaining as part of the post-mining land use shall be cross-barred and seeded.

4.D.ii Temporary Roads: All temporary roads necessary for haul roads from the disturbed areas to the disposal areas shall be constructed following approval from the Project Manager or Project Inspector. Prior to beginning of temporary road construction, the Contractor shall walk the proposed road alignment with the Project Manager or Project Inspector. During construction, the Contractor shall exercise measures to ensure that disturbance is held to a minimum. Cut material shall not be cast over the hill and allowed to slide downhill but shall be tracked repeatedly with a dozer to form a firm, stable bench. Any roads that are not remaining as part of the post mining land use shall be cross-barred and seeded. No separate payment for construction of any temporary road shall be made, as this is considered incidental to this portion of the work.

4.E MEASUREMENT AND PAYMENT

4.E.i Measurement: Measurement for EXCAVATION AND BACKFILLING shall be per each backfill area accepted by the Agency.

4.E.ii Payment: Payment for EXCAVATION AND BACKFILLING shall be based upon the Lump

Sum Price listed on the Bid Schedule for each backfill area accepted by the Agency.

5. AGGREGATE

5.A SCOPE

This item shall consist of the preparation, haulage, and placement of aggregate stone on the site.

5.B MATERIALS

5.A.i VDOT Class 1 Rirap as specified in Section 204 of the VDOT Road and Bridge Specifications.

5.A.ii VDOT No. 2 Stone as specified in Section 203 of the VDOT Road and Bridge Specifications.

5.A.iii VDOT No. 57 Stone as specified in Section 203 of the VDOT Road and Bridge Specifications.

5.A.iv VDOT Crusher Run Stone as specified in Section 205 of the VDOT Road and Bridge Specifications.

5.C PROCEDURE

5.A.v Aggregate shall be transported and handled to prevent dirt and debris from entering the stone and to prevent spalling and breakage of the stone.

5.A.vi Aggregate shall be placed as directed by the Project Inspector or Project Manager.

5.D MEASUREMENT AND PAYMENT

5.A.vii Measurement: Measurement for aggregate shall be on a per Ton basis for the type and amount of aggregate delivered and installed. Weight tickets shall be submitted as documentation for payment. Tickets shall include the total weight of the truck empty and loaded and the net stone weight, the name of the project, date, and type of stone.

5.A.viii Payment: Payment for aggregate shall be on a Unit Cost basis for the type and amount of aggregate delivered and accepted by the Agency and the Unit Price listed on the Bid Schedule.

Payment shall be full compensation for all labor, equipment, materials and incidentals required to perform the work. VDOT Class I Riprap Aggregate used for POND REMOVAL shall not be billed under AGGREGATE but shall be included in the Lump Sum for POND REMOVAL.

6. POND REMOVAL

6.A SCOPE

This item shall consist of furnishing all labor, equipment and material for reclaiming four (4) ponds on the permit site. The locations of the ponds are shown on the plan drawings.

6.B MATERIAL

6.B.i Coarse Aggregate: VDOT Class 1 Riprap as specified in Section 204 & 414 of the VDOT Road and Bridge Specifications. On-site stones conforming to the average size and weight as Class I Riprap may be used at the approval of the Project Manager or Project Inspector.

6.C PROCEDURE

6.C.i Each pond shall be tested for pH and iron content prior to removal. The Project Manager or Project Inspector shall approve the results before pond removal can begin. If there is a problem with the results, the Contractor and Project Manager or Project Inspector shall initiate corrective measures to bring the pond into compliance.

The Project Manager or Project Inspector will give final approval for Pond Removal to begin.

Drain the pond by siphoning or pumping. Allow the area to dry before excavation of an embankment. The material from embankments will be used to backfill the pond in a manner to promote drainage and prevent any future pooling or ponding of water.

6.C.ii On-Bench Ponds: Ponds 6A, 7, and 9 are on-bench ponds that shall be eliminated by backfilling with material at or near the pond locations. Pond 5 is an on-bench pond for which construction was not completed. The area was cleared and excavation had just begun when the mine was idled.

The Pond 5 area will be regraded. The existing riprap-lined channel at Pond 9 will be extended through the existing spillway location as depicted in the Construction Drawings. The Contractor shall over-excavate the ditch to ensure the finished ditch dimensions conform to those in the Construction Drawings. The foundation shall be smooth and free of depressions, debris, and soft or low-density pockets of material. Stone shall be VDOT Class I Riprap; on-site stone of equivalent size and weight may be used as approved by the Project Manager or Project Inspector.

See Construction Drawings for further details. Stone used for POND REMOVAL shall not be billed under AGGREGATE but shall be included in the Lump Sum for POND REMOVAL.

6.C.iii Embankment Pond: Pond 10 is an off-bench pond that shall be eliminated by removing the embankment and backfilling excavated slopes with material at and near the pond location. Pond 10 will have a riprap-lined channel installed along full length of the pond as depicted in the Construction Drawings. The Contractor shall over-excavate the ditch to ensure the finished ditch dimensions conform to those in the Construction Drawings. The foundation shall be smooth and free of depressions, debris, and soft or low-density pockets of material. Stone shall be VDOT Class I Riprap; on-site stone of equivalent size and weight may be used as approved by the Project Manager or Project Inspector. See Construction Drawings for further details. Stone used for POND REMOVAL shall not be billed under AGGREGATE but shall be included in the Lump Sum for POND REMOVAL.

The areas in and around the ponds will be revegetated at the direction of the Project Manager or Project Inspector.

6.D MEASUREMENT AND PAYMENT

6.D.i Measurement: Measurement for POND REMOVAL shall be per each structure removal accepted by the Agency.

6.D.ii Payment: Payment shall be based upon the Lump Sum Price per structure listed in the Bid

Schedule, which will include all labor, materials (including aggregate) and equipment necessary to perform the removal of four (4) ponds individually. Payment for the REVEGETATION used in POND REMOVAL shall be included in Section 8 REVEGETATION and the actual quantity accepted and approved by the Agency. Payment for the REVEGETATION shall be full compensation for all material necessary to complete the work.

7. WETLAND RESTORATION

7.A SCOPE

This item shall consist of furnishing all labor, equipment and material for restoring one (1) wetland area on the permit site. The location of the wetland area is shown on the plan drawings.

7.B MATERIAL

7.B.i Spoil material present on the pre-law mine bench.

7.B.ii Wetland specific plant species as shown on the plan drawings.

7.C PROCEDURE

7.C.i The spoil material located within and around the wetland restoration area will be regraded to a configuration approximating that shown on the plan drawings.

7.C.ii The wetland restoration area shall be revegetated as specified on the plan drawings.

7.D MAINTENANCE

The Contractor shall maintain all revegetated areas until final acceptance of the project and shall restore or replace any portion of the planting work that is found defective or which becomes damaged prior to final acceptance. The Contractor at their cost shall complete revegetation maintenance.

7.E MEASUREMENT AND PAYMENT

7.E.i Measurement: Measurement for WETLAND RESTORATION shall be per each restoration site accepted by the Agency.

7.E.ii Payment: Payment shall be based upon the Lump Sum Price per WETLAND RESTORATION listed in the Bid Schedule, which will include all labor, materials and equipment necessary to perform the wetland restoration.

7.E.iii Measurement: Measurement for WETLAND RESTORATION REVEGETATION shall be measured on a per ACRE basis for all work accepted and approved by the Agency.

7.E.iv Payment: Payment for WETLAND RESTORATION REVEGETATION shall be based on the acreage of area planted and accepted by the Agency and the unit price listed in the Bid Schedule. Payment shall be full compensation for all labor, materials, equipment, and incidentals necessary to complete the work.

8. REVEGETATION

8.A SCOPE

This item covers the furnishing of all labor, equipment, and material for preparing the seedbed, liming, fertilizing, tilling, seeding and mulching on the designated areas. Designated areas encompass all disturbed areas, including borrow and disposal areas and temporary access roads, within the project limits and as directed by the Agency representative. The exceptions to this are the aquatic root and reed bank zones in the wetland restoration area. Reference Section 7 for wetland restoration revegetation.

8.B SUBMITTALS

Kinds and varieties of seeds, as shown on the tables below (Item 8.D) varieties shall be delivered to the project. All seeds shall comply with applicable state and federal seed laws and contract requirements. The Agency reserves the right to have seeds tested after they have been delivered to the project.

An Affidavit of Payment of Claims and Certification of Materials (DMLR-AML-314) form certifying that all materials meet or exceed the specifications of the Contract shall be completed and submitted with the final Application of Payment.

8.C MATERIAL

8.C.i Lime: Lime material shall be ground agricultural limestone and shall conform to the minimum Calcium Carbonate Equivalent (C.C.E.) guaranteed by the supplier and approved by the Agency representative. Agricultural limestone applied for seeding shall have a minimum C.C.E. of ninety percent (90%). The supplier shall certify this analysis.

8.C.ii Fertilizer: Fertilizer shall be standard commercial product. The rate of fertilizer applied shall be

300 pounds per acre of 16-27-14 or as approved by the Agency. Fertilizer may be applied by mechanical spreader or hydraulically by a hydroseeder. Fertilizer and seed may be applied at the same time with a hydroseeder. Water used in a hydroseeder shall have a pH between 6.0 and 9.0.

8.C.iii Seed: All seed mixtures shall conform to the requirements of the temporary and permanent seed mixture schedules detailed below and shall be certified as discussed in the Submittals section of this specification.

8.C.iv Inoculants: All leguminous seed shall be inoculated with inoculant specified for use on that particular seed. The Manufacturer’s directions for inoculating seed shall be followed. Inoculants shall be applied at double the manufacturer’s rate. Inoculant shall be mixed with legume seed prior to mixing with other seeds. Pre-inoculated legume seed from a supplier may be used.

8.C.v Mulch: Wood cellulose or paper fiber mulch for use with a hydroseeder shall be applied at the rate of 2,000 pounds per acre. This mulch shall be applied along with seed, lime and fertilizer mixtures. Alternatively, material for mulching may consist of dry straw or hay, free of noxious weeds. The mulch shall be reasonably bright in color and shall not be musty, moldy, caked, decayed or very dusty. Straw or Hay Mulch shall be applied at the rate of 4,000 pounds per acre.

8.D PROCEDURE

8.D.i General Qualifications: All seeding work shall be performed by the Contractor or licensed subcontractor (which shall be approved by the Agency) with demonstrated experience and who has the necessary equipment to complete all operations required. It is anticipated that all areas shall be seeded by using a hydroseeder. However, other mechanical equipment may be used if approved by the Agency.

8.D.ii Surface Preparation: Prior to seeding, both the construction site and disposal area shall be worked to ensure the final surface is free of large rocks. The disposal area should be graded as needed to ensure the final surface is suitable for agricultural (hayland/pasture) use.

8.D.iii Seeding Schedule: After completion of grading and liming operations, the areas shall be seeded.

Areas eroded by rainfall or crusted over shall be repaired prior to seeding. The Project Manager or Project Inspector shall approve all seeding operation time schedules. It is recommended that the seeding operations be confined from February 15th and June 15th and September 1st to November 1st to obtain satisfactory results. There may be some occasions such as during winter or summer months, when some areas may require temporary seeding. The Agency representative may require these operations when deemed necessary to prevent erosion and sedimentation. Temporary seed mixtures and rates shall be applied during these periods.

8.D.iv Permanent Seed Mixture: Permanent seed mixture and rates are specified below. The quality of seed shall conform to or exceed seed quality standards. Any substitution or adjustment shall be approved by the Agency representative.

Permanent Seed

Name Lbs. /Acre Orchard Grass 25 Annual Ryegrass 10 Red Clover 5 Ladino Clover 5 Birdsfoot Trefoil 5 Redtop grass 3

TOTAL 53

8.D.v Temporary Seed Mixture: Temporary seeding mixtures and rates are specified below. Any substitution shall be approved by the Agency representative. Permanent seed mixtures shall be applied at the first available seeding period on all temporary seeded areas.

Summer Mixture

German Foxtail Millet 40 Annual Ryegrass 20

TOTAL 60

Winter Mixture

Annual Ryegrass 20 Cereal Rye 40

TOTAL 60

8.D.vi Lime Application: Lime shall be spread at a rate of 2 tons per acre as directed by the Agency representative prior to final grading (tracking) for incorporation into the soil.

8.D.vii Mulch Application: Mulch shall be required on all seeded areas including the permanent spoil disposal area, designated grass access roads, and all areas above waterlines of treatment structures.

Mulch shall be applied as soon as practicable after seeding and fertilizing, but no later than 24 hours after the seeding operation. Mulch shall be blown or spread to a uniform depth. Not more than 10% of the soil surface shall be left exposed after mulching. Straw mulch shall be anchored to the seeded surface by spraying with wood cellulose fiber at a rate of 1,500 pounds per acre.

8.E MAINTENANCE

The Contractor shall maintain all seeded areas until final acceptance of the project and shall restore or replace any portion of the seeding work that is found defective or which becomes damaged prior to final acceptance. Restoration or replacement work shall include additional fertilization, seeding and mulching as directed by the Agency representative. When the damage consists only of the displacement of the mulch, the mulch shall be replaced within 7 days.

Areas reseeded or replanted shall also include construction maintenance areas where vegetation is destroyed due to repair work. Progressive seeding of small project areas shall be required during the complete project. Maintenance work for revegetation shall be reviewed prior to each seeding operation throughout the project and corrective action on prior seeded/planted areas may be required. The Contractor at his/her cost shall complete revegetation maintenance.

Other provisions of these Contract Documents notwithstanding, disturbances outside the project limits caused by the Contractor shall be seeded in accordance with these specifications at the Contractor’s expense, under the direction of the Agency.

8.F MEASUREMENT AND PAYMENT

8.F.i Measurement: REVEGATATION shall be measured on a per ACRE basis for all work accepted and approved by the Agency.

8.F.ii Payment: Payment for REVEGATION shall be based on the acreage of area seeded and accepted by the Agency and the unit price listed in the Bid Schedule. Payment shall be full compensation for all labor, materials, equipment, and incidentals necessary to complete the work.

9. CLEAN UP AND REPAIR OF DAMAGE

9.A SCOPE

This item shall consist of cleaning up the site prior to demobilization, repairing damage and guarantee of workmanship.

9.B CLEANING UP

After all construction work is complete, prior to final payment, all exposed areas shall be cleaned and left in an acceptable condition. All unused material shall be removed from the site or otherwise disposed of as directed by the Agency. Any bare areas shall be seeded and treated in accordance with the applicable specification.

9.C REPAIRING DAMAGE

Any damage done to structures, fill, or other areas shall be repaired at the Contractors expense before final payment is made. In the event such damage occurs as a result of instructions from the Agency, payment will be made at the price agreed to by the Contractor and Agency.

Contractor should locate any buried power line, buried water line, buried drain pipe and buried septic lines located in the work area and exercise care in and around these lines. Replacement of any destroyed, functioning power, water or septic line shall be at the contractor’s expense.

9.D GUARANTEE

The Contractor shall assume responsibility for all workmanship and materials for a period of time as described in the General Conditions.

9.E MEASUREMENT AND PAYMENT

No separate measurement and payment will be made for CLEANUP AND REPAIR OF DAMAGE. This work shall be considered incidental to Mobilization.

10. QUALITY CONTROL

10.A SCOPE

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

10.B PROCEDURE

An Affidavit of Payment of Claims and Certification of Materials (DMLR-AML-314) form certifying that all materials meet or exceed the specifications of the Contract shall be completed and submitted with the final Application of Payment.

First-class materials conforming to the specifications shall be incorporated into the work. All materials shall be new unless otherwise specified.

10.C PAYMENT

Payment: No payment shall be made for QUALITY CONTROL. Compliance with this section shall be considered incidental to the work.

11. SAFETY PRECAUTIONS

11.A SCOPE

This item consists of the procedures and protocol to be followed to ensure the safety of the public and workers in or around the construction site.

11.B PROCEDURE

11.B.i It shall be the Contractors’ responsibility to provide protective clothing and equipment, emergency breathing apparatus, medical supplies and instrumentation for monitoring potentially unhealthy working conditions encountered during construction.

The Contractor shall train all equipment operators, laborers and other personnel of the hazardous or unhealthy conditions which may be encountered during the work, and possible courses of action to be implemented to avoid an accident as required by applicable OSHA and MSHA regulations.

The Contractor shall examine all areas within and adjacent to the project sites for unstable rock, debris, and any other hazards to safety.

Access to both the upper project site and lower project site comes via a private drive. The contractor shall ensure that all workers, subcontractors, and material suppliers are aware of this and take every precaution and care when operating equipment or vehicles in the area.

In the event of an injury or fatality (from the project’s activities), proper notification shall be immediately made to DMLR and, as applicable, to the appropriate office of the Virginia Department of Labor and Industry – Occupational Safety and Health Compliance (OSHA), the Mine Safety and Health Administration (MSHA), and/or the State Fire Marshall.

11.B.ii Hazardous and Toxic Materials: If hazardous or toxic materials (i.e. PCB’s, Asbestos Containing

Material (ACM), lead-acid batteries, etc.) are encountered during the work, the Contractor shall immediately notify the Agency. The Department of Environmental Quality guidelines for handling and cleaning up the site shall be followed.

11.C MEASUREMENT AND PAYMENT

There will be no separate payment for this item. If necessary, in the event that the required action will not be incidental to existing pay items, appropriate change orders shall be executed.

12. FUGITIVE DUST CONTROL

12.A SCOPE

This item shall address the requirements of the Virginia Department of Environmental Quality, Air Division that pertain to fugitive dust control.

12.B PROCEDURE

The Contractor shall comply with all provisions and requirements of Regulations 120-04-0101 through 120- 04-0107 for fugitive dust.

The Contractor shall water the roads as necessary to control fugitive dust. Watering the roads can be reduced by surfacing the roads with durable stone, reducing the speed of vehicles and equipment and application of commercial dust palliatives; but use of any method shall not relieve the Contractor of the responsibility to adequately control dust.

Brush and small trees cleared as a part of site preparation may be windrowed as described in Site Preparation or hauled to an approved disposal site.

12.C MEASUREMENT AND PAYMENT

No payment shall be made for FUGITIVE DUST CONTROL. Compliance with this section shall be considered incidental to the work.