springside culvert replacement - north carolina · this project will replace the pond outlet under...

PROJECT MANUAL

FOR

Springside Culvert Replacement

VILLAGE PROJECT NO. 18-03

JULY 2019

VILLAGE OF CLEMMONS

Prepared by:

311-A South Main Street Kernersville, NC 27285

License No. C-4123

TABLE OF CONTENTS SECTION 1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT SECTION 2 TECHNICAL SPECIFICATIONS

Section 01000 Project Special Provisions SP-1 General Provisions SP-2 Erosion Control SP-3 Permanent Seeding SP-4 Control of Water SP-5 Erosion Control Matting for Streambanks SP-6 Earthwork SP-7 Gabion Baskets and Reno Mattresses SP-8 Stone SP-9 Filter Fabric SP-10 In-Stream Structures SP-11 Precast Reinforced Concrete Box Culvert

Section 02000 Clearing, Grading, and Excavation Section 02480 Seeding and Mulching Section 03000 Erosion Control Section 04000 Construction Traffic Control Section 05000 Gabion Baskets and Reno Mattresses

APPENDIX Appendix-A Permit Documents Appendix-B Geological Investigation Report

SECTION 1

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

INVITATION TO BID 00200-1

Village of Clemmons Springside Culvert Replacement

INVITATION TO BID Village of Clemmons Clemmons, North Carolina July 16, 2019

Sealed bids will be received by the Village of Clemmons until August 30, 2019 at 10:00 a.m. at the Public Works office at 3800 Dillon Industrial Drive in Clemmons and thereafter immediately opened and read publicly for the Springside Culvert Replacement, Village of Clemmons Project No. 18-03. The project is generally described as follows:

This project will replace the pond outlet under Springside Drive with a box culvert. Work will include the installation of a 6’ x 6’ precast reinforced concrete box culvert, upstream and downstream concrete headwalls and wingwalls, an upstream gabion wall and filter stone structure for controlling migration of sediment, and a boulder structure and riffle in the downstream channel. Plans, Specifications and Contract documents may be seen during normal business hours at the Village of Clemmons Stormwater Department, 3800 Dillon Industrial Drive, Clemmons, North Carolina. Digital copies of the Plans and Project Manual, including contract documents, may be obtained by contacting Cindy Lancaster at [email protected] or 336-996-9974 x 102. Hard-copy plan sets and project manuals may be ordered and purchased from Sharpe Images in Winston-Salem (336-724-2871) or from the Village of Clemmons Stormwater Department upon request.

A pre-bid meeting will be held at 10:00 AM on August 2, 2019 at the Public Works office at 3800 Dillon Industrial Drive, Clemmons, NC.

All questions concerning this bid package or the scope of this work must be submitted in writing (email) only by 12:00 Noon, Tuesday, August 13, 2019, to Cindy Lancaster: at [email protected]. An Addendum, if needed, will follow.

The project will be funded by public funds from the Village, therefore; bidding, contract award and bonding requirements shall conform to N.C Statutes for public facilities construction. Minority firms are encouraged to submit proposals. Award will be made to the lowest, responsive, responsible bidder unless all bids are rejected. All bid cost sheets must be signed by the owner or a representative of the firm in order to be recognized as an acceptable bid. All line items must be completed on the cost sheets. Failure to adhere to these requirements may deem the bid as incomplete and it will be removed from the bid process. The Village of Clemmons reserves the right to reject any or all bids. Contractors offering a proposal on this project must be licensed to do the specified type of contracting in the State of North Carolina. The Use of any sub-contractor on this project must be approved by the Engineer. Any bidder that is currently in litigation with the Village will be disqualified from bidding. All bids shall include the required bid document sections, bound as it was presented for bid, with applicable bidding information filled out. Do not remove sections and resubmit. Each proposal shall be accompanied by a certified check or bid bond in the amount of not less than five percent (5%) of the amount of the total of the itemized bid in the form and subject to the conditions provided in the Instruction to Bidders. Mike Gunnell, PE Director of Public Works / Village Engineer

mailto:[email protected]


INSTRUCTIONS TO BIDDERS 00250-1


INSTRUCTIONS TO BIDDERS

Each proposal shall be submitted in a sealed envelope on the printed form, or exact copies thereof, contained in the Contract Documents. These proposals shall be plainly marked:

“Springside Culvert Replacement Village of Clemmons Project No. 18-03”

The envelope shall also be marked with the Bidder’s name, address,

North Carolina contractor license number, and name and phone number of a contact person. All bids shall include the entire bid document Section 1, with applicable bidding information filled out. Do not remove sections and resubmit.

If mailed or delivered, the envelope shall show the date and time of the Bid Opening in order to guard against premature opening of the Bid. Addresses for Delivery of Bids:

US Postal Service Delivery Attn: Mike Gunnell, PE Village of Clemmons Public Works Department 3800 Dillon Industrial Drive Clemmons, NC 27012

Attn: Mike Gunnell, PE Village of Clemmons Public Works Department 3800 Dillon Industrial Drive Clemmons, NC 27012

Bids submitted by facsimile shall not be accepted.

The Owner may consider non-responsive any Bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all Bids. Each proposal shall be accompanied by a Bid Bond payable to the Village of Clemmons for an amount of not less than five percent (5%) of the total amount bid; or in lieu of the Bid Bond, the bidder may offer a certified check in an amount of not less than five percent (5%) of the total amount bid. The Bids and bidder's bond or checks of all bidders may be held for a period of ninety (90) days pending award of the contract. Notification of award of contract shall be evidence of intent to contract and shall extend time for holding the contractor's bid surety for a time mutually agreed between the Village of Clemmons and the bidder. Each proposal is required to have a page providing references to include the company name, address, phone number, e-mail and contact name and position and a brief description of the type of work completed.



AWARDING CONTRACT “The Village of Clemmons, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Transportation (49 C.F.R., Part 21), issued pursuant to such act, hereby notifies all bidders that it will affirmatively insure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination on the ground of race, color, or national origin”. Evaluation of Bids

1. All spaces for lump sum and unit prices in the Bid Form shall be filled in with a number. Spaces left blank will be evaluated as zero ($0.00).

2. Discrepancies between the multiplication of units of Work and Unit Prices will be resolved in favor of the Unit Prices.

3. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

4. Discrepancies between words and figures will be resolved in favor of the words.

This contract shall be subject to the formal bidding rules of NCGS 143-129(a). An award, if made in the discretion of the Village, will be made to the lowest responsible responsive bidder taking into consideration quality, performance, and the time specified in these bidding documents. The Owner will not consider any bid or award of Contract to any person, firm, or corporation who has defaulted in any obligation to the Owner or who, in the opinion of the Owner, failed to perform their work satisfactorily, either as to character or time. Any bidder that is currently in litigation with the Village will be disqualified from bidding A conditioned or qualified bid will not be accepted. Requirements for the submittal information will vary based on the complexity and importance of the product to the project as a whole. Submittals should be prepared in a concise and straightforward manner. Submittals shall clearly identify variances from the specifications. Products that clearly do not meet the requirements of the specifications and plans should not be submitted. Unless noted, products shall be the manufacturer's standard offering, with standard options. Incomplete submittals, or submittals received after the deadline, shall not be considered. Submittals are to be delivered to the Engineer at the address indicated in the "Notice To Bidders". The Owner and Engineer shall review all submittals and



issue an Addendum to all document holders no later than 7 days prior to the bid opening date, listing the approved products. Pre-approval of materials or equipment does not, in any manner, preclude the manufacturer from meeting the full requirements of the specifications, including any performance guarantees required, unless specific exceptions are noted in the pre-approval. No Post-Bid substitutions shall be permitted except as herein provided. A Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the contract price, with a corporate surety approved by the Village of Clemmons, will be required for the faithful performance of the contract. Bidders shall provide certification that performance and payment bond sureties are licensed in North Carolina. Add additional sheets, if needed. END OF SECTION 00250

STATE OF NORTH CAROLINA ) ) AFFIDAVIT OF CONTRACTOR’S COUNTY OF FORSYTH ) COMPLIANCE WITH E-VERIFY I, ____________________________(the individual attesting below), being duly authorized by

and on behalf of ________________________________ (the "Contractor") after first being

duly sworn hereby swears or affirms as follows:

1. Contractor understands that E-Verify is the federal E-Verify program operated

by the United States Department of Homeland Security and other federal agencies, or any

successor or equivalent program used to verify the work authorization of newly hired

employees pursuant to federal law in accordance with NCGS §64-25(5).

2. Contractor understands that Contractors Must Use E-Verify. Each Contractor,

after hiring an employee to work in the United States, shall verify the work authorization of the

employee through E-Verify in accordance with NCGS§64-26(a).

3. Contractor is a person, business entity, or other organization that transacts

business in this State and that employs 25 or more employees in this State. (mark Yes or No)

a. YES _____, or

b. NO _____

4. Contractor's subcontractors comply with E-Verify, and if Contractor is the

winning bidder on this project Contractor will ensure compliance with E-Verify by any

subcontractors subsequently hired by Contractor.

This ____ day of _______________, 2019.

Signature of Affiant Print or Type Name: _________________________

State of North Carolina County of ______________________ Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 2019. My Commission Expires: _____________ Notary Public

(Affix

Official/N

otarial

Seal)

3715 Clemmons Rd. Clemmons, NC 27012 336-766-7511 Fax 336-766-7511 [email protected]

Vendor or Contractor

IRAN DIVESTMENT ACT CERTIFICATION N.C.G.S. 147-86.58

DIVESTMENT FROM COMPANIES BOYCOTTING ISRAEL N.C.G.S. 147-86.80 The Village of Clemmons is prohibited from purchasing or entering into a contract with any company listed on Iran Divestment List or Final Companies Boycotting Israel List posted on at. https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx Contractor hereby certifies that is not on the North Carolina State Treasurer’s list of persons engaging in business activities in Iran, prepared pursuant to NCGS § G.S. 147-86.58, nor will contractor utilize on this agreement any subcontractor on such list. This list, along with additional information about the Iran Divestment Act, is available on the Treasurer’s Office site: https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx Contractor hereby certifies that it is not on the North Carolina State Treasurer’s list of companies engaged in a boycott of Israel in violation of NCGS § 147-86-80 et.seq., and that it will not utilize on this agreement any subcontractor on said list.

Signature Date Printed Name Title

https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx




BID PROPOSAL 00300-1


SECTION 00300 BID PROPOSAL (“Proposal”)

TO: THE VILLAGE OF CLEMMONS, NORTH CAROLINA (“Owner”) FROM: “BIDDER”

ADDRESS

DATE OF BID , 20

The Bidder hereby signifies that it is his/her/its intention and purpose to enter into a formal Contract with the Village of Clemmons, North Carolina, to furnish all labor, materials, tools, equipment, apparatus, supplies, and the like required, and to do all the work necessary, for and because of the construction, erection, and/or installation of the proposed “Project”:

Springside Culvert Replacement for the Village of Clemmons, North Carolina in accordance with the Contract Documents, including Addenda thereto.** There is deposited, herewith, a certified check in the amount of: ____________________________________ Dollars ($_____________), or a Bid Bond, in the amount of five percent (5%) of the total aggregate amount of the Bid, made payable to the Owner, the same to be refunded to the Bidder under the conditions of and in accordance with the terms of this Proposal, which are as follows: THAT: The Bidder has carefully examined the Plans and Specifications and all other Contract Documents and fully understands them. Contractor acknowledges receipt of the following Addenda: ** Fill in appropriate Addenda number(s): Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated THAT: The Bidder has carefully examined the site of the Project and is familiar with the conditions under which the work, or any part thereof, is to be performed and the conditions which must be fulfilled in furnishing and/or installing, erecting or constructing any or all items of the Project. [Terms continued on the following page.]



THAT: The Bidder shall provide all necessary tools, machinery, equipment, apparatus, and all other means necessary to do all the work and shall furnish all labor, materials and all else required to complete such Contract as may be entered into, in the manner prescribed in and in accordance with the terms of the Specifications and the Contract and in accordance with the true intent and meaning thereof, and in accordance with the Plans and/or Drawings and the requirements of the Consulting Engineers under them, in a first class manner.

THAT: The rights of the Owner and the recommendations of the Consulting Engineers shall not be questioned in the Award of the Contract. THAT: It is the intention of the Owner to let contracts on the basis of the Bids received in accordance with G.S. 143-129 and in such manner as the Owner may deem to be for the best interests of the Owner. THAT: The Owner reserves the right to reject any or all proposals. THAT: The work under each Section will be awarded under one Contract and that the Owner shall have the right to include such item or items as the Owner may deem to be in the best interests of the Owner. THAT: On being awarded the Contract, the Bidder shall execute a Performance Bond and a Payment Bond, on the forms included herein, each equal to one hundred percent (100%) of the Awarded Contract Price (Contract Sum), as security for the faithful performance of the Contract. THAT: The Bidder shall submit, in the blank spaces provided, all data, guarantees and other information called for. THAT: The Bidder shall submit, herewith, drawings, or cuts and Specifications showing and describing in detail the equipment and/or apparatus which the undersigned proposes to furnish. THAT: This Proposal shall be signed and submitted in the manner prescribed in the Instructions to Bidders. THAT: Should this Proposal not be accepted by the Owner, the certified check, in the amount of: __________________________________________________________________________ Dollars ($_____________) or the five percent (5%) Bid Bond, as applicable, deposited herewith shall be returned to the Bidder. THAT: Should this Proposal be accepted by the Owner and the Bidder fail or neglect to execute the Contract and furnish the required Bonds within fifteen (15) days after receiving notifications of the acceptance of the Proposal and/or receipt of the formal Contract and Bond forms, the certified check, in the amount of: _________________________________________________ Dollars ($__________________________), or the Bid Bond, deposited herewith shall be retained by the Owner as liquidated damages, it being understood that the Owner reserves the right to extend the time allowed for executing the Contract and/or furnishing the Bond in its sole discretion. [Terms continued on the following page.]



THAT: The Bidder shall complete such Contract as may be entered into within the number of consecutive calendar days specified in the Contract from the date of the Notice to Proceed. THAT: The Bidder proposes to enter into a Contract in accordance with this Proposal, the Plans and Specifications and the Contract Documents included herein, for the prices shown on the following pages. THAT: The Bidder shall be required to submit a complete detailed itemized unit cost breakdown of the Bid Items on the Itemized Bid Proposal form in Section 00400 along with a computed Total Bid Price amount with this proposal. THAT: It is the intent of these Contract Documents to obtain a Contract based on Unit Prices with project awarded based upon the lowest qualified total bid based upon unit prices applied to the estimated quantities. Where a discrepancy exists between words and numbers in the Bid amount, the written words shall govern. Where a discrepancy exists between unit prices and mathematical computations in the Itemized Proposal, the unit prices and quantities in the Itemized Proposal shall govern. THAT: The successful bidder shall have all proper Bidder licenses and privilege licenses required under North Carolina state laws governing their respective trade(s). THAT: Notice to Proceed and project available shall occur within 30 days of award of contract by the Village Council.



BID PROPOSAL

GENERAL CONSTRUCTION FOR THE

Springside Culvert Replacement

Village of Clemmons Project 18-03

(the “Project”)

ITEMIZED PROPOSAL The attached itemized list of work items and materials shall be made a part of this contract along with the completed price per unit of work item. The itemized bid proposal shall consist of the full completion of this list supplemented with any work item the contractor deems necessary to complete the project. TOTAL “BID” PRICE for the construction of the Project complete as indicated by the Contract Documents (in words and figures): __________________________________________________________________Dollars and __________________________Cents ($________________________)

Bidder_____________________________________ (Print)

NOTE: PROPOSAL SIGNATURE REQUIRED ON PAGE 00300-6. ALL PROPOSALS MUST BE PROPERLY EXECUTED TO BE CONSIDERED A VALID BID.



CERTIFIED LIST OF EQUIPMENT/MATERIAL MANUFACTURERS The Bidder, as part of the procedure for the submission of Bids on the Project, submits the following list of Equipment/Materials Manufacturers to be used in the performance of work to be done on said Project. The list of Manufacturers and all equipment/materials furnished shall be based on requirements of the Contract Documents. Changes to this list after the Bid opening shall only be as approved by the Owner upon request by the Bidder or as required by the Owner based upon review of Bidder’s submittals:

EQUIPMENT/MATERIALS MANUFACTURER It is understood and agreed that, if awarded a Contract, the Bidder shall not make any additions, deletions or substitutions to this certified list without the consent of the Owner. Failure to identify a manufacturer for any or all of the items listed shall constitute an entry of one of the manufacturers listed in its respective technical specification.



CERTIFICATION AFFIDAVIT THE ABOVE INFORMATION IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER UNDERSTAND AND AGREE THAT, IF AWARDED A CONTRACT, THIS CERTIFICATION SHALL BE ATTACHED THERETO AND BECOME A PART THEREOF. [If Bidder is not an individual, enter entity name here] By: (Signature)

NAME OF SIGNER: (Please Print or Type) TITLE OF SIGNER:________________________________ (Please Print or Type) DATE:



BID SECURITY: Accompanying this Proposal is a (1)__________________________________ in the amount of (2)____________________________________________________________________ Dollars ($_________________). NOTE: (1) Insert the words “bank draft,” “certified check,” “bid bond”, “cash”, or “cashiers

check”, as the case may be.

(2) Amount must be equal to at least five percent (5%) of the total Bid. BIDDER’S LICENSE: The Bidder certifies that (he/she/it) is licensed as a Bidder under the specific North Carolina state law regulating his/her/its particular trade and that the number of the license under which he/she/it now operates is_________________________________________. BIDDER’S CERTIFICATION AS TO ORGANIZATION AND AUTHORITY: The Bidder certifies that the Affidavit of Organization and Authority, like the other documents attached hereto, form an integral part of the Proposal, and the Bidder acknowledges that the Owner will rely on the information provided therein in reviewing the Proposal and awarding a Contract. LIQUIDATED DAMAGES: The Bidder agrees, further, that the Owner may retain those amounts indicated in the Contract from the amount of compensation due the Bidder, under the terms of the Contract, for each and every day that the work remains incomplete and/or unsatisfactory beyond the completion date(s) specified in the Notice to Proceed. This amount is agreed upon as the proper measure of liquidated damages the Owner will sustain, per day, by the failure of the Bidder to complete the work within the stipulated time, and it is not to be construed in any sense as a penalty. The Bidder shall not have or bring a claim against the Owner, or raise as a defense against the imposition of liquidated damages, other construction purportedly impeding Bidder’s progress or timely project completion.



(SIGNATURE PAGE) Dated , 20 .

(SEAL) Bidder—Legal Entity

By: (SEAL) (SIGN HERE)

SEAL-if corporation Printed Name Address ( ) Telephone No.

Subscribed and sworn to before me this day of , 20

Notary Public

My Commission Expires:



BID BOND This is a Bid Bond that is subject to the provisions of Article 3 of Chapter 44A of the North Carolina General statutes. This Bid Bond is executed on , 20 . The name of the PRINCIPAL is (1) (2) The name of the SURETY is The VILLAGE OF CLEMMONS, NORTH CAROLINA is the OWNER. The amount of the Bond is ____________________________________________ (Dollars) ($ ) KNOW BY ALL MEN BY THESE PRESENTS, the Principal and Surety above named are hereby held and firmly bound unto the above named OWNER hereinafter called the OWNER in the penal sum of the amount stated above in lawful money of the United States, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that whereas the Principal has submitted to the OWNER a certain Bid Proposal, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the construction of:

Springside Culvert Replacement – Clemmons, NC as described by a document entitled “ Project Manual for Springside Culvert Replacement, Project No.18-03

dated, April 2019 by the Village of Clemmons NOW, THEREFORE

(a) If said Bid Proposal shall be rejected; or in the alternate, (b) If said Bid Proposal shall be accepted and the Principal shall execute and deliver a

Contract in the form of Contract attached hereto (properly completed in accordance with said Bid Proposal) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid Proposal, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.



The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bid Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid Proposal; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. ATTEST: (Principal) Secretary Principal (SEAL) BY: (3)

(Address)

Witness as to Principal

(Address) ATTEST: Surety N. C. Resident Agent By: (SEAL) (4)

(Name)

(Address)

(Phone Number)

Witness as to Surety (Address)

(1) Insert the correct name of Principal. (2) Insert whether the Principal is a corporation, a partnership, a limited liability

company or an individual. (3) If Principal is a partnership, all partners should execute the Bid Bond. If Bidder is

a limited liability company, all managers (or all members, if the company is member-managed) should execute the Bond.

(4) Provide contact name, address and phone number for bid bond surety.



POWER OF ATTORNEY

(Attach)



BIDDER’S CERTIFICATES AFFIDAVIT OF ORGANIZATION AND AUTHORITY

SWORN STATEMENT STATE OF ________________________________________) COUNTY OF _______________________________________) _________________________________________________________ being first duly sworn on oath deposes and says that the Bidder on the attached Bid Proposal is organized as indicated below and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them.

(Fill Out Applicable Paragraph) CORPORATION: The Bidder is a corporation organized and existing under the laws of the State of __________________________, it operates under the legal name of ____________________________________________________, and the full names of its officers are as follows:

President Secretary Treasurer Manager

and it does have a corporate seal. The is/are authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached. (Strike out this last phrase if not applicable.) PARTNERSHIP: The Bidder is a [limited/general] partnership consisting of individual/corporate partners as follows: General Partners Limited Partners The partnership does business under the name of : LIMITED LIABILITY COMPANY: The bidder is a [member-managed/manager-managed] limited liability company consisting of the following individual/corporate members/managers: Managers Members



INDIVIDUAL: The Bidder is an individual whose full name is: and if operating under a trade name, said trade name is as follows: The business address of the Bidder is: Its phone number is: The contact person for this Proposal is: Bidder By: Subscribed and sworn to before me this day of , 20 . Notary Public County My Commission Expires:



EQUAL EMPLOYMENT OPPORTUNITY ADDENDUM During the performance of the Contract the Bidder agrees as follows:

a. The Bidder shall not discriminate against any employee or applicant because of race, color, religion, sex, or national origin. The Bidder shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.

b. The Bidder shall, in all solicitations or advertisements for employees placed by or on

behalf of the Bidder, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

c. The Bidder shall send to each labor union or representative of workers with which he

has a collective bargaining agreement or other contract understanding, a notice, to be provided, advising the labor union or worker’s representative of the Bidder’s commitments under the Equal Employment Opportunity Section of the Contract, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. In the event of the Bidder’s noncompliance with the nondiscrimination clauses of the

Contract or with any of such rules, regulations, or orders, the Contract may be canceled, terminated, or suspended in whole or in part and the Bidder may be declared ineligible for further OWNER contracts.

e. The Bidder will include the provisions of this Addendum in every subcontract or

purchase order unless exempted by rules, regulations, or orders of the OWNER so that such provisions will be binding upon each Subcontractor or vendor.



(Use the following form for execution by a CORPORATION): Corporate Name ATTEST: BY: (Assistant) Secretary (Vice) President (CORPORATE SEAL) (Use the following form for execution by a PARTNERSHIP): (SEAL) Partnership Name BY: (SEAL) General Partner (Use the following form for execution by a LIMITED LIABILITY COMPANY): (SEAL) Company Name BY: (SEAL)

Manager/Member (Use the following form for execution by an INDIVIDUAL): BY: (SEAL) WITNESS: Subscribed and sworn to before me this day of , 20 . Notary Public County My Commission Expires:



AFFIDAVIT OF

STATEMENT OF NON-COLLUSIVE State of ) ) ss. County of ) _______________________________________________________being first duly sworn, deposes and says that: (1) He/she is the

(Owner, Partner, Officer, Representative or Agent) of __________________________________________________, the BIDDER that has submitted the attached BID PROPOSAL;

(2) He is fully informed respecting the preparation and contents of the attached BID

PROPOSAL and of all pertinent circumstances respecting such BID PROPOSAL; (3) Such BID PROPOSAL is genuine and is not a collusive or sham BID PROPOSAL; (4) Neither the said BIDDER nor any of its officers, partners, owners, agents,

representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other BIDDER, firm, or person to submit a collusive or sham BID PROPOSAL in connection with the Contract for which the attached BID PROPOSAL has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any BIDDER, firm, or person to fix the price or prices in the attached BID PROPOSAL or of any other BIDDER, or to fix any overhead, profit, or cost elements of the BID PROPOSAL price or the BID PROPOSAL price of any other BIDDER, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against The Village of Clemmons, or any person interested in the proposed Contract;

(5) The price or prices quoted in the attached BID are fair and proper and are not tainted by

any collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit.

BIDDER BY ITS

(Title) Subscribed and sworn to before me this day of , 20 . My commission expires

END OF AFFIDAVIT



Village of Clemmons AFFIDAVIT A AFFIDAVIT of Intent to Perform Contract with Own Workforce. County of FORSYTH Affidavit of

(Name of Bidder) I hereby certify that it is our intent to perform a minimum of ____ % of the work required for the contract.

(Name of Project) In making this certification, the Bidder states that the Bidder does not customarily subcontract substantial elements of work for this type project, and normally performs and has the capability to perform and will perform substantial elements of the work on this project with his/her own current work forces; and

The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement. The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained. Date: Name of Authorized Officer: Signature: Title: State of North Carolina, County of _ Subscribed and sworn to before me this day of 20___ Notary Public

My commission expires

SEAL



NONDISCRIMINATION CLAUSE

It is specifically agreed as part of the consideration of the signing of this Bid Proposal, and the resulting execution of a Contract, that the parties hereto, their agents, officials, employees or servants shall not discriminate in any manner on the basis of age, handicap, race, color, creed, gender, religious affiliation, or national origin with reference to the subject matter of the Contract, no matter how remote.

This provision, being incorporated for the benefit of the Village of Clemmons and its residents, may be enforced as set out in the ordinances of the Village of Clemmons, enforcement of this provision shall be by action for specific performance, injunctive relief, or other remedy as by law provided.

This provision shall be binding on the successors and assigns of the parties hereto with reference to the subject matter of the Contract. (Use the following form for signatures by a CORPORATION):

Corporate Name ATTEST: BY:

(Assistant) Secretary (Vice) President

(Printed Name) (Printed Name) (Corporate Seal) (Use the following form for signatures by a PARTNERSHIP): (SEAL)

WITNESS Partnership Name BY: (SEAL)

(Printed Name) General Partner



(Use the following form for signatures by a LIMITED LIABILITY COMPANY): (SEAL)

WITNESS Company Name BY: (SEAL)

(Printed Name) Manager/Member (Use the following form for signatures by an INDIVIDUAL): (SEAL)

(Printed Name) WITNESS (Printed Name)

Subscribed and sworn to before me this day of , 20 . Notary Public County My Commission Expires:



NOTICE OF AWARD TO: CONTRACTOR/BIDDER: ADDRESS: FROM: OWNER: Village of Clemmons

Public Works Department Clemmons, North Carolina

PROJECT:

Springside Culvert Replacement – Clemmons, NC Project No. 18-03_

You are hereby notified that the Owner has considered the Bid Proposal submitted by you for the above-described project in response to its Notice to Bidders dated . It appears that it is to the best interest of said Owner to accept your Bid Proposal in the amount of: Dollars ($ ). You are therefore hereby notified that your Bid Proposal has been accepted for The Bidder is required by as a condition of its Award of the Contract to execute and deliver the formal Contract with the Owner and to furnish the required Bidder’s Performance and Payment Bonds within fifteen (15) days from the date of the delivery of this Notice to you. If you fail to execute said Contract and to furnish said Bonds within fifteen (15) days from the date of delivery of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Bid Proposal as abandoned and to award the work covered by your Bid Proposal to another bidder, or to readvertise the work or otherwise dispose thereof as the Owner may see fit. Dated this ___________day of ____________________________________, 20____.

Village of Clemmons, North Carolina

By:

Title:



ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged this _________day of _________________________________, 20_____. Bidder

By:

Title:

- END OF SECTION 00300 -

ITEMIZED BID PROPOSAL 00400-1


SECTION 00400

ITEMIZED BID PROPOSAL

UNIT PRICES: A unit price is an amount stated in the Construction Agreement as a price per unit of measurement for materials or service an shall be added to or deducted from the contract Sum by Change order in the event that a specific material and/or service provided by the Contractor is increased or decreased from the Estimated Quantity Bid in the Construction Agreement. The Contractor proposes to accomplish the work as described herein at the unit prices and/or lump sum prices shown below. In the event of a discrepancy in the unit prices and the extended prices, the unit prices shall prevail. SPRINGSIDE CULVERT REPLACEMENT:

Item Description of Work Quantity Unit Unit Price Amount 1 Mobilization & Demobilization 1 LS 2 Construction Staking / Surveying / Record Drawings 1 LS 3 Traffic Control 1 LS 4 General Erosion & Sediment Control Practices 1 LS 5 Erosion control matting for streambanks 1 LS 6 Control of Water 1 LS 7 Clearing & Grubbing 1 LS 8 Comprehensive Grading 1 LS 9 Undercut excavation & disposal 10 CY 10 Select material from off-site 100 CY 11 Pavement removal 425 SY 12 Temporary 36" drain pipe 78 LF 13 Bend for 36” drain pipe 1 EA 14 Temporary 2" water line 368 LF 15 Water service laterals to 2” line & back to 6” 4 EA 16 Install new fire hydrant with valve, box & tapping sleeve 1 EA 17 Relocate 6" Waterline at temporary pipe 1 EA 18 2” Blow-off 1 EA 19 Thrust collar for 6” water line 1 EA 20 Temporary 6” plug 1 EA 21 2” Tap to 6” water main per COWS C-53 1 EA 22 Remove and replace 6” DIP water main 78 LF 23 Sanitary Sewer service lateral adjustment 1 EA 24 Sanitary Sewer manhole 1 EA 25 Remove and replace 8” DIP sanitary sewer main 130 LF 26 Removal of abandoned outlet structures 1 LS 27 Removal of existing CMPs 1 LS

ITEMIZED BID PROPOSAL 00400-2


28 Concrete Inlet Structure 1 EA 29 Concrete Outlet Structure & Wingwalls 1 EA 30 4’ Chain Link Fencing Above Structure & Wingwalls 55 LF 31 6' x 6' box culvert, with foundation conditioning material 1 LS 32 Gabions 40 CY 33 Small boulders 10 TN 34 No. 5 stone 10 TN 35 Class A riprap 42 TN 36 Class B riprap 34 TN 37 Class 1 riprap 34 TN 38 Filter fabric 1 LS 39 ABC for pavement repair areas 97 TN 40 Asphalt for sawcut areas and overlay 126 TN 41 Permanent Seeding 1 LS

TOTAL BID Total Bid:____________________________________________________________________________ (in words) [If Bidder is not an individual, enter entity name here] By: ___ _____________ (Signature)

NAME OF SIGNER: _____________ (Please Print or Type)

TITLE OF SIGNER: ________________________________ Date: _____________ (Please Print or Type)

- END OF SECTION 00400 -

AGREEMENT 00500-1


SECTION 00500 AGREEMENT (CONTRACT)

INSTRUCTIONS TO CONTRACTORS AND

REQUIREMENTS AS TO FORM FOR VILLAGE OF CLEMMONS, NC AGREEMENTS

DO NOT REMOVE FROM AGREEMENT Please observe the following in executing the attached Agreement: 1. The Owner may contract with four types of legal entities.

(a) If the Agreement is with an individual, that individual should sign the Agreement exactly as his/her name is set out. If the Agreement is with an individually-owned business, the Agreement should be with the individual owner, and not the named business.

(b) Execution on behalf of a corporation should be by the president or a vice president, attested

by the corporate secretary, with the corporate seal affixed. An official other than president or vice president should attach documentation of his/her authority to execute and bind the corporation.

(c) If the Agreement is with a partnership, all general partners of the partnership should execute

the Agreement unless an authorized partner is designated to execute, in which case documentation of such authorization should be attached.

(d) If the Agreement is with a limited liability company, all managers of the limited liability

company should execute the Agreement. If the limited liability company is member-managed, all members should sign the Agreement . If only certain manager(s) or member(s) of the limited liability company are authorized to execute the Agreement, documentation of such authorization should be attached.

2. After signing the Agreement, the appropriate notary’s acknowledgement, in the individual,

corporate or partnership form should be completed. 3. The Performance Bond and Payment Bond should be attached to the Agreement package. They

should be signed by the Contractor, and its signature should be acknowledged with the appropriate acknowledgement form. Next, the Bonds, in approved form, must be signed by the authorized agent of the Surety Company issuing the Bonds, and an executed Power of Attorney document authorizing the agent to sign must accompany the Bond Documents.

4. The Agreement and Bonds should not be dated, except by the last person executing the Agreement,

normally the Village Clerk. 5. The Bid Form and all other documents submitted with the Bid shall be included with the

Agreement. 6. Bid Proposal: Complete the Acceptance of Notice section on the last page of this document.

AGREEMENT 00500-2


7. Page 00500-3: Fill in the Contractor name and address. 8. Pages 00500-6 through 00500-9: Choose the appropriate signature page and complete it in its

entirety. 9. Pages 00500-10 through 00500-15: Complete in their entirety. 10. Page 00500-17: Certificate of Insurance. The General Conditions of the Contract, as modified by

the Supplementary Conditions and the Special Conditions, require the Certificate of Insurance to include the Indemnification Agreement on the reverse side of the Certificate. All parties required to be named as additional insured parties by the Contract Documents in connection with the attached Agreement shall be named on the Certificate of Insurance for each policy.

11. Most Certificates of Insurance state under the cancellation clause that “the issuing company will

endeavor to mail 30 days written notice to the ...” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives”. If your certificate states this, the words “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives” must be stricken in order to comply with the Contract Documents.

12. Four copies of the Agreement are sent to the Contractor. The original and duplicates should be

signed and returned to the Engineer for signature by the Owner, after which one duplicate will be returned to the Contractor and one copy will be sent to the Contractor’s Bonding Company(ies).

13. Failure to fully complete all four sets of the Agreement will cause delays in the approval by the

Owner and therefore delay the issuance of the Notice to Proceed.

AGREEMENT 00500-3


AGREEMENT This Agreement (the “Agreement ”) is made this ___ day of________________, in the year 20___, by and between the Village of Clemmons, North Carolina, (the “Owner”) and ________________________________ of ______________________________________________, (the “Contractor”).

WITNESSETH THAT, WHEREAS, an Award of Contract (the “Award”) for:

Springside Culvert Replacement – Clemmons, NC

Project No.18-03

as prepared by Jewell Engineering Consultants (hereinafter called “Engineer’s Consultant”), has recently been awarded to the Contractor by the Owner. AND WHEREAS, the work to be performed by the Contractor or its subcontractors, and the labor, materials, equipment, apparatus, and supplies to be provided in connection therewith (collectively, the “Work”) is more particularly described in the Proposal (the “Proposal”) attached hereto. AND WHEREAS, the aggregate cost of the Work (referred to as either the “Contract Price” or the “Contract Sum”) and the individual prices and rates of the various components of the Work that together comprise the Contract Price, are more particularly described in the Proposal. AND WHEREAS, it was one of the conditions of said Award that a formal contract should be executed by and between the Owner and the Contractor, evidencing the terms of said Award. NOW THEREFORE, THIS AGREEMENT FURTHER WITNESSETH THAT the Owner and the Contractor represent, warrant, covenant and agree as follows: It is agreed and understood that the terms and conditions of the following documentation of are a part of and parcel to this Agreement to the same extent as if incorporated herein in full:

Standard General Conditions of the Construction Contract (EJCDC Document No. C-700, 2018 edition), 2018 NCDOT Standard Specifications for Roads and Structures, the construction plan set titled, “Springside Culvert Replacement”, dated May 9, 2019, and the additional information contained herein as part of the Project Manual for Springside Culvert Replacement, dated May 2019.

The Contract Price is that total amount listed on page 0400-3 as a “Total Bid,” subject to quantity adjustments made in the field and approved by the Engineer. The Contractor hereby covenants and agrees with the Owner that it will, for a sum equal to the Contract Price, well and faithfully perform, provide and execute the Work in accordance with each and every one of the conditions, covenants, stipulations, terms and provisions contained in the Notice to Bidders/Invitation to Bid, the Instructions to Bidders, the Proposal, the Plans, the Specifications, the General Conditions and the Contract Documents (as that term is defined in the General Conditions), all of which are a part of and parcel to this Agreement to the same extent as if incorporated herein in full.

AGREEMENT 00500-4


And the Owner does hereby covenant and agree with the Contractor that it will pay to the Contractor, when due and payable under the terms of the Contract Documents and the Award, the Contract Price, and that it will well and faithfully comply with and perform each and every obligation imposed upon it by said Contract Documents and the terms of said Award. The Contractor shall commence the Work on the commencement date specified in a written order of the Owner (the “Notice to Proceed”). The Work described to be completed in these contract documents, with the exception of permanent seeding and planting, shall be completed within 120 CONSECUTIVE CALENDAR DAYS of the commencement date specified in the Notice to Proceed (such deadlines being referred to herein and in the Contract Documents as the “Contract Time” or the “Contract Times”). In the event that the Work is not completed to the standards and degrees required by the Contract Times, or either of them, liquidated damages shall be assessed against the Contractor for each day of delay as described herein below. The remainder of the work (permanent seeding and planting) shall be completed within 240_ CONSECUTIVE CALENDAR DAYS of the commencement date specified in the Notice to Proceed so that it is ready for final payment, as evidenced by the Engineer’s or the Architect’s written recommendation. LIQUIDATED DAMAGES The parties recognize and acknowledge that Owner will suffer financial losses if the Work is not completed as required within the Contract Times. They also recognize and acknowledge that the damages caused by the contractor’s delays are difficult to ascertain and that the expense and difficulty to both parties in proving or contesting the amounts of those losses would be substantial. Instead of requiring proof of those amounts, it is agreed that Contractor shall be liable for and shall pay owner the following amounts under owner’s damages, and engineering charges, all as liquidated damages, and not as a penalty in the event the Work remains incomplete at the end of the contract time specified in the Notice to Proceed. The Contractor agrees further that the Owner may retain those amounts indicated below from the amount of Compensation due the Contractor for each day that the work remains incomplete beyond the completion date specified in the Notice to Proceed. Payment by the Owner to the Contractor in lieu of retainage does not constitute a waiver by the Owner. This amount is agreed upon as the proper measure of liquidated damages the Owner will sustain, per day, by the failure of the undersigned to complete the work within the stipulated time, and it is not to be construed, in any sense, as a penalty. The parties agree this is a reasonable amount. No Contractor shall have a claim against the Owner as a result of a third party’s lack of progress or project completion.

Contract Owner’s Damages

Engineering Charges

Total Liquidated Damages

Substantial Completion 120 Days from Notice to Proceed

_$300 /day $200 /day $500_/day

Final Completion 240 Days from Notice to Proceed

_$300 /day $200 /day $500_/day

Payment of the charges described herein shall not excuse or relieve the Contractor for any other liability under the Contract Documents for delay in the progress schedule of the Work, and all other penalties

AGREEMENT 00500-5


imposed on the Contractor and remedies available to the Owner under the Contract Documents shall remain in full force and effect. IN WITNESS WHEREOF, said Contractor and Owner, being duly authorized, have caused these presents to be signed in their names as of the day and year first above written. ATTEST: VILLAGE OF CLEMMONS, a North Carolina municipality By: By: Name: Lisa Shortt Name: Scott Buffkin Title: Village Clerk Title: Village Manager (SEAL) STATE OF ______________________ COUNTY OF ____________________ I, _________________________________, a Notary Public of __________________ County, State of ____________________________, do hereby certify that ________________ personally came before me this day and acknowledged that he/she is the Village Clerk of the Village of Clemmons, a North Carolina municipality, and that, by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Village Manager, sealed with its seal, and attested by himself/herself as its Village Clerk. Witness my hand and official seal, this the _____ day of ______________, 20___. Notary Public My Commission Expires: ________________ [OFFICIAL SEAL] FINANCE OFFICER’S CERTIFICATION STATEMENT “This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.” _______________ ________________ Date Finance Officer

[Contractor’s Signature, if individual(s)]

AGREEMENT 00500-6


CONTRACTOR:

(SEAL)

(SEAL)

(SEAL) STATE OF ___________________ COUNTY OF _________________ I, ____________________________________, a Notary Public of ______________ County, State of _______________________________, do hereby certify that ____________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the _____ day of _____________, 20__. Notary Public My Commission expires: __________________ [OFFICIAL SEAL] IMPORTANT NOTE: If Contractor is an individual, his/her signature shall be placed above. The signature of the Contractor shall also be acknowledged before a Notary Public or other person authorized by law to execute such acknowledgment.

AGREEMENT 00500-7


[OR: Contractor’s Signature, if a corporation]

CONTRACTOR: ___________________________________ a _________________ corporation

ATTEST: __________________________________ By:_________________________________ _________ Secretary Name: ______________________________ (SEAL) Title: __________ President STATE OF _________________ COUNTY OF _______________ I, ________________________________, a Notary Public of ____________ County, State of ___________________________________, do hereby certify that ____________________ personally came before me this day and acknowledged that he/she is ___________ Secretary of ______________________, a _______________________ corporation, and that, by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ______________________ President, sealed with its corporate seal, and attested by himself/herself as its ______________ Secretary. Witness my hand and official seal, this the _____ day of __________________, 20__. Notary Public My Commission Expires: [OFFICIAL SEAL] IMPORTANT NOTE: If the Contractor is a Corporation, the legal name of the Corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the Corporation. If the signature is by an agent other than an authorized officer of the Corporation, a Resolution must be attached hereto. The signature of the Contractor shall also be acknowledged before a Notary Public or other person authorized by law to execute such acknowledgment.

AGREEMENT 00500-8


[OR: Contractor’s Signature, if a partnership]

CONTRACTOR: __________________________________, a [general/limited] partnership (SEAL)

By:__________________________(SEAL) Name: Title: General Partner STATE OF _______________________ COUNTY OF _____________________ I, __________________________, a Notary Public of _______________ County, State of ___________________________, do hereby certify that ______________________, General Partner of ______________________________, a _______________________ [general/limited] partnership, personally appeared before me this day and acknowledged the due execution of the foregoing instrument as his/her act and deed and as the act and deed of the partnership. Witness my hand and official seal, this the ______ day of ___________________, 20__. Notary Public My Commission Expires: ________ [OFFICIAL SEAL] IMPORTANT NOTE: If Contractor is a partnership, the true name of the firm shall be set forth above, together with the signatures of all the general partners. If the signature is by an agent other than a general partner, a Resolution must be attached hereto. The signature of the Contractor shall also be acknowledged before a Notary Public or other person authorized by law to execute such acknowledgment.

AGREEMENT 00500-9


[OR: Contractor’s Signature, if a limited liability company]

CONTRACTOR: ___________________________________, a limited liability company (SEAL) By: (SEAL) Name: _________________________ Title: Member/Manager

STATE OF _________________________ COUNTY OF _______________________ I, _________________________________, a Notary Public of _______________ County, State of _______________________________, do hereby certify that ____________________ a [Member/Manager] of _______________________, a ______________________ limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument as his/her act and deed and as the act and deed of the company. Witness my hand and official seal, this the _____ day of ______________, 20___. Notary Public My Commission Expires: [OFFICIAL SEAL] IMPORTANT NOTE: If Contractor is a limited liability company, the true name of the firm shall be set forth above, together with the signatures of all the managers. If the signature is by an agent other than all of the managers of the limited liability company (or all of the members, if the company is member-managed), a Resolution must be attached hereto. The signature of the Contractor shall also be acknowledged before a Notary Public or other person authorized by law to execute such acknowledgment.

AGREEMENT 00500-10


PERFORMANCE BOND This Bond is executed on ______________________________________________, 20___. The name of the PRINCIPAL is________________________________________________(1) a ______________________________________________(2) The name of the SURETY is The VILLAGE OF CLEMMONS, NORTH CAROLINA is the CONTRACTING BODY. The amount of the Bond is____________________________________________________

___________________________________Dollars ($______________________________)

KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the above named CONTRACTING BODY, hereinafter called the “Contracting Body”, in the penal sum of the amount stated above in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal entered into a certain Agreement with the Contracting Body, dated the ____day of _____________, 20___ for work described by Plans and Specifications prepared by Village of Clemmons, herein called and referred to as the “Engineers”, a copy of said Agreement is hereto attached and made a part hereof for the construction of:

Springside Culvert Replacement – Clemmons, NC as described by a document entitled Project Manual for Springside Culvert Replacement, Project No.18-03, dated April 2019

by Jewell Engineering Consultants.

NOW THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Agreement during the original term of said Agreement and any extensions thereof that may be granted by the Contracting Body, with or without notice to the Surety, and during the life of any guaranty required under the Agreement, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Agreement that may hereafter be made, notice of which modifications to the SURETY being hereby waived, then, this obligation is to be void; otherwise it shall remain in full force and virtue.

AGREEMENT 00500-11


IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ATTEST: (Principal) Secretary Principal (SEAL) By: (3) (Address) Witness as to Principal

(Address) Surety By: (4) (Name) ATTEST: (Address) By: [N.C. Resident Agent] (Phone Number) (SEAL) Witness as to Surety

(Address) NOTE: Date of Bond must not be prior to date of Agreement.

(1) Insert the correct name of Contractor. (2) Insert whether the Contractor is a corporation, a partnership, a limited liability

company or an individual. (3) If Contractor is a partnership, all general partners should execute the Bond. If

Contractor is a limited liability company, all managers (or all members, if the company is member-managed) should execute the Bond .

(4) Provide contact name, address and phone number for performance bond surety.

AGREEMENT 00500-12


PAYMENT BOND This Bond is executed on , 20__. The name of the PRINCIPAL is (1) a (2) The name of the SURETY is

The VILLAGE OF CLEMMONS, NORTH CAROLINA is the CONTRACTING BODY. The amount of the Bond is ______________________________________________________Dollars ($________________) KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the above named CONTRACTING BODY, hereinafter called the “Contracting Body”, in the penal sum of the amount stated above in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal entered into a certain Agreement with the Contracting Body, dated the ____day of _____________, 20___ for work described by Plans and Specifications prepared by Village of Clemmons, herein called and referred to as the “Engineers”, a copy of said Agreement is hereto attached and made a part hereof for the construction of:

Springside Culvert Replacement – Clemmons, NC as described by a document entitled

Project Manual for Springside Culvert Replacement, Project No.18-03, dated April 2019 by Jewell Engineering Consultants.

NOW THEREFORE, if the Principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said Agreement, and any and all duly authorized modifications of said Agreement that may hereafter be made, notice of which modifications to the SURETY being hereby waived, then this obligation is to be void; otherwise it shall remain in full force and virtue.

AGREEMENT 00500-13


IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ATTEST: _______________________________________ (Principal) Secretary Principal (SEAL) By: (3) (Address) Witness as to Principal (Address)

Surety By:_________________________________(4)

(Name) ATTEST: (Address) By: [N.C. Resident Agent] (Phone Number) (SEAL) Witness as to Surety (Address) NOTE: Date of Bond must not be prior to date of Agreement.

(1) Insert the correct name of the Contractor. (2) Insert whether the Contractor is a corporation, a partnership, a

limited liability company or an individual. (3) If Contractor is a partnership, all general partners should execute

the Bond. If Contractor is a limited liability company, all managers (or all members, if the company is member-managed) should execute the Bond.

(4) Provide contact name, address and phone number for payment bond surety.

AGREEMENT 00500-14


AFFIDAVIT

(To be attached to all Agreements) STATE OF ) ) SS COUNTY OF ) ____________________________________________being first duly sworn on oath deposes and says that s/he is ____________________________________________(attorney-in-fact or agent) of ____________________________________(bonding company) surety on the attached Agreement on __________________________________________________________________________executed by ______________________________________________________(Contractor). Affiant further deposes and says that no officer, official or employee of the Owner has any interest directly or indirectly, or is receiving any premium, commission fee or other thing of value on account of the same or furnishing of the Bond, undertaking or Contract of Indemnity, Guaranty, Suretyship in connection with the above mentioned Agreement.

Signed_________________________________ Subscribed and sworn to before me this ____ day of ___________, 20___. (Notary Public,_______________________________County,_______________________) My Commission Expires

AGREEMENT 00500-15


RESOLUTION OF CONTRACTOR’S PARTNERS, MANAGERS OR MEMBERS

(Attach if necessary)

AGREEMENT 00500-16


CERTIFICATE OF INSURANCE

(Attach) [See the General Conditions for specific requirements.]

AGREEMENT 00500-17


NOTICE TO PROCEED TO: CONTRACTOR:

ADDRESS:

FROM: Mike Gunnell, PE Director of Public Works / Village Engineer

OWNER: Village of Clemmons

3800 Dillon Industrial Drive Clemmons, North Carolina 27012

PROJECT: Springside Culvert Replacement – Clemmons, NC

PROJECT NO.: 18-03 CONTRACT PRICE/SUM: $ You are hereby notified to commence Work on the referenced project on or before _____________, 20__ (the “Commencement Date”), and are to finally and fully complete the Work within 120 CONSECUTIVE CALENDAR DAYS of the Commencement Date. Your Contract final completion date is therefore _________________, 20___. The Agreement provides for assessment of liquidated damages for each consecutive calendar day after the above established completion date that the Work remains incomplete to the standard and degree required. ENGINEER/ARCHITECT: By: Name: Title: Date:_________________________________ - END OF SECTION 00500 -

STANDARD GENERAL CONDITIONS 00600-1


SECTION 00600 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

See following pages from Engineers Joint Contract Documents Committee

QUALIFICATIONS OF BIDDERS 00700-1


SECTION 00700 QUALIFICATIONS OF BIDDERS

CONFIDENTIAL: WILL NOT BE INCLUDED IN PUBLIC RECORD

In order to assist the Owner in determining whether the Bidder is qualified to perform the Work, as set forth in the Contract Documents, the Bidder shall furnish the following information. 1. List of references who are qualified to judge as to his financial responsibility and his

experience in work of similar nature to that bid upon: 2. List of previous contracting experience, including dollar values of contracts: 3. List of facilities or equipment that is available for use: 4. Name, residence, and title of the individual who will give personal attention to the

work: 5. Financial Statement:

ASSETS

CURRENT ASSETS:

Cash $________

Notes and Accounts Receivable ________

Inventories ________

PLANT ASSETS:

Real Estate $________

Machinery ________

Good Will, Patents, etc. ________ $ ________ Total Assets



LIABILITIES:

Notes Payable $________

Accounts Payable ________

Accrued Wages ________

Other Liabilities ________ $ ________ Total Liabilities

EXCESS OF ASSETS OR NET WORTH $ ________

6. List all pending claims or lawsuits, and any lawsuit within the last 10 years, filed by or

against the Bidder, and describe the resolution of each claim or lawsuit: Claim Date of Claim Resolution, if any The existence of unresolved claims against Bidder may disqualify the Bidder from making a Bid Proposal and entering into a Contract. Notes: A. The above is a suggested form for the Financial Statement, but the Bidder is not required

to follow the form explicitly. The Financial Statement submitted must clearly show to the satisfaction of the Owner the Bidder’s current financial condition. The Owner reserves the privilege of requiring additional information as to financial responsibility of the Bidder prior to awarding Contract.

B. Bidder shall attach additional pages, if necessary, in order to complete the required

information. C. The Bidder shall submit detailed information required for above items 1 through 4 with his

Bid Proposal package and, at the discretion of the Bidder, the information required under Item 5 may be furnished after Bid Proposals are received if required by the Owner and Engineer to evaluate the financial qualifications of a prospective Bidder.



By: ____ ___________________ (Signature) NAME OF SIGNER: _______ ______ ____________________

(Please Print or Type)

TITLE OF SIGNER: _______________________________________Date:_____________ (Please Print or Type)

END OF SECTION 00700

PROJECT SPECIAL PROVISIONS 01000-1

Springside Culvert Replacement Technical Specifications Village of Clemmons May 2019

Project Special Provisions Springside Culvert Replacement

SP-1, GENERAL PROVISIONS

1.0 Technical Specifications: All work shall conform to the recent version of the North Carolina Department of Transportation Standard Specifications for Roads and Structures, except as modified in this contract. Water and sewer utility work shall comply with City of Winston Salem Technical Specifications for Water Line and Sanitary Sewer Line Construction, January 2019. The contractor shall comply with all County, State, and Federal regulations. All asphalt paving shall comply with Division 6 of NCDOT Specifications, with mixes as specified per details on the plan sheets.

2.0 Project Time Frame, Liquidated Damages Completion Deadline: All work included under this contract is to be completed within the time limit as set in the Notice to Proceed, unless a time extension is granted. The expected time to complete construction is 4 months; therefore, the project has been given a timeframe of 120 days from the beginning date of construction stated in the Notice to Proceed. The Contractor shall retain the required number of workmen or crews in order to complete this work, including punch list items and clean up, within the time allotted. Project progress meetings will be held on an as needed basis as the work progresses, as determined by the Engineer.

3.0 Bid Quantities: The itemized Bid Quantities are engineer’s estimate and are used for the comparison of bids. The Engineer/Village maintains the right to add or delete quantities at any time, without an adjustment to the unit price. There shall be no unit price adjustment for materials due to market variability.

4.0 Work Force:

Unless otherwise approved by the Village of Clemmons, the Contractor shall perform a minimum of 50% of the work with their own forces. Contractor shall be licensed with the State of North Carolina as a General Contractor, plus any specialty work performed by the Contractor and/or subcontractor shall be performed by a Contractor licensed in the respective specialty. The Contractor shall have a superintendent authorized to direct work crews or stop work present on the job site at all times. Upon start of construction, the Contractor shall provide the Project Engineer with names and telephone numbers of Superintendent(s) and two people to be contacted after office hours in case of emergency.



5.0 Pre-Construction Conference: Upon receiving the Notice to Proceed from the Village, it will be the Contractor’s responsibility to contact the Project Engineer and set up a date agreeable to the Village for the pre-construction conference. Failure to notify the Project Engineer will not release the Contractor of his responsibility and no additional time will be allotted. No work shall be performed or material delivered to job site until after the pre-construction conference.

6.0 Videotape and Photographs of Project Site: The Contractor shall videotape and photograph the project site in its entirety before construction begins. Video shall include existing infrastructure, roadways, drainage, ditches, above ground utility structures, and existing landscaping near the construction areas. Appropriate narration will include location and description of property and physical features. No separate payment will be made for this work, and all associated costs will be considered incidental to other items in the contract.

7.0 Traffic Control and Site Access: Springside Drive through the project site is the sole ingress/egress to four properties in the 3200 block of Springside Drive. The Contractor shall control his operations and the operations of his subcontractors and all suppliers so as to provide one-way traffic, at a minimum, along Springside Drive throughout the entire construction period.

When the work requires the Contractor to conduct his operations in an area which disrupts the access, the work shall be coordinated with the Village at least 48 hours prior to commencement of such work. Contractor shall make all efforts not to hinder the access and mobility of emergency vehicles. Contractor shall be responsible for all traffic control devices and signage per MUTCD and North Carolina Supplement to the MUTCD. The cost of implementing the approved Traffic Control Plan and providing traffic control and site access shall be included in the lump sum price for Traffic Control stated in the bid proposal and shall include all equipment, personnel, and related work to insure conformance with MUTCD and NCDOT standards. See also Section 20000, Construction Traffic Control. 8.0 Safety The Contractor shall comply with all Village, State, and Federal Regulations. The Contractor and sub-contractors shall comply at all times with the latest revisions of all OSHA regulations and all applicable labor laws and regulations of the state of North Carolina from Title 29 of the Code of Federal Regulations (CFR) Part 1910. 9.0 Existing Conditions The Contractor, in submitting a proposal and signing this Contract, acknowledges that he has thoroughly investigated the existing facilities, and has examined the plans and specifications,



understanding clearly their requirements and the requirements necessary to construct all to completion; that he is fully prepared to sustain all losses and damages incurred by the actions or elements; that he is prepared to provide all necessary tools, appliances, machinery, skilled and unskilled workmen, and all necessary materials to successfully complete the work. Any damage to existing features resulting from the work of this contract shall be promptly repaired by the Contractor, in a manner approved by the Village, at no additional cost to the Village. The Contractor shall make a thorough inspection of the project prior to bidding and base his bid upon the conditions existing as of the project bid opening date. The Contractor shall accept actual conditions at the site and perform the work specified without additional compensation for possible variation from grades and conditions shown, whether surface or subsurface, except as provided for by the contract documents. 10.0 Delivery and Acceptance of Materials Upon request of the Engineer, the Contractor shall make available all documentation pertaining to the origin, manufacturing, job mix formula or delivery of materials to the job-site. All necessary documentation, whether original or signed must be provided in a legible and thorough manner to complete quantity verification and may include but not limited to shipping receipts, trucking delivery tickets, plant or quarry tickets, manufacturers certification, Buy America, shop drawings, etc. This may pertain to deliveries of asphalt, concrete, stone, soils, mulch, castings, pipe, landscaping, seed, etc. No separate payment will be made for this work, associated coordination time, and all associated costs as it will be considered incidental to other items in the contract.

11.0 Storage of Materials: Staging locations are noted on the plans. Staging areas shall be maintained in good condition and all Erosion and Sediment Control measures shall be present as shown on the plans. At the end of the project, all staging areas shall be left clean and free of debris. All non-paved areas shall be fine graded and seeded. This cost is incidental to the project. Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. The Contractor shall furnish to the Village a copy of the property owner's permission.

12.0 Mobilization: The Contractor shall be paid a mobilization cost as bid in the proposal. The mobilization item shall include, but not be limited to, the Contractor’s startup expenses, cost of insurance, permits, bonds, etc. and will be paid for per the Lump Sum bid price in accordance with Section 800 of NCDOT Standards Specifications for Roads and Structures.

13.0 Existing Utilities and Utility Conflicts: Before the beginning of construction, the Contractor will notify all utility owners known to have facilities affected by the construction of the project and will make arrangements for the necessary adjustments of all affected public or private utility facilities. The utility adjustments may be made either before or after the beginning of construction of the project. The adjustments will be



made by the utility owner or his representative or by the Contractor when such adjustments are part of the work covered by this contract.

The Contractor shall use an independent utility locating service to locate utilities. The Contractor shall use special care working in, around and near all existing utilities that are encountered during construction, protecting them where necessary so that they will give uninterrupted service.

The Contractor shall cooperate with the utility owner and/or the owner's representative in the adjustment or placement of utility facilities when such adjustment or placement is made necessary by the construction of the project or has been authorized by the Village.

In the event that utility services are interrupted by the Contractor, the Contractor shall promptly notify the Village and shall cooperate in the restoration of service in the shortest time possible.

Before submitting his bid, the Contractor shall make his own determination as to the nature and extent of the utility facilities, including proposed adjustments, new facilities, or temporary work to be performed by the utility owner or his representative; and as to whether or not any utility work is planned by the owner in conjunction with the project construction. The Contractor shall consider in his bid all of the permanent and temporary utility facilities in their present or relocated positions, whether or not specifically shown in the plans or covered in the project special provisions. It will be the Contractor's responsibility to anticipate any additional costs to him resulting from such utility work and to reflect these costs in his bid for the various items in the contract

Existing fire hydrants shall be kept accessible to fire departments at all times.

The Contractor shall adhere to all applicable regulations and follow accepted safety procedures when working in the vicinity of utilities in order to insure the safety of construction personnel and the public. The Contractor shall use the necessary precautions to protect existing water, sewer, gas, telephone, and storm drainage lines, etc. and service laterals during the course of construction. The cost of protecting such lines and services shall be considered incidental to the project and no additional payment will be allowed.

14.0 Continuous Clean Up and Restoration: The Contractor, during the course of his work, shall maintain and clean up the construction area including but not limited to removal of all debris, excess concrete, fabric packaging, replacement or restoration of damaged infrastructure, public safety items, excess soil and miscellaneous items. The Contractor shall make the work area safe at the end of each day. No extra payment will be allowed for the items reset/ removed/ replaced. The cost of restoration shall be included in the unit price bid for each item in the proposal.

15.0 Surveying and Construction Staking: All staking shall be performed under the direct supervision of a Land Surveyor licensed by the State of North Carolina and shall conform to the NC DOT Manual For Construction Layout. All



construction surveying shall be staked from the same monument used in the design. The contractor shall furnish all labor, materials, testing, submittals, tools and equipment necessary to perform all construction layout, control, reference staking, and construction record drawings for satisfactory completion of the project. Contractor shall provide record survey drawings/verification upon substantial completion of the project. Survey for record drawings shall be performed under the direct supervision of a Land Surveyor licensed by the State of North Carolina. Record survey drawings shall include vertical elevations and horizontal locations of the following: headwall, endwall, wingwalls, gabion wall, box culvert inverts, roadway centerline and edge of pavement, boulder steps, boulder sill, stream centerline, top of bank, and toe of bank. Contractor shall provide a certified/sealed drawing (24x36) in Adobe PDF and provide the AutoCAD file. The contractor shall furnish all labor, materials, testing, submittals, tools and equipment necessary to perform all construction layout, control, quantity and reference staking for satisfactory completion of the project. All costs associated with surveying and construction staking shall be included in the lump sum bid price for Construction Staking/Surveying listed in the bid proposal.

16.0 Disposal of Material: Construction debris, excavated material, and all materials to be disposed of shall be so placed as not to unreasonably interfere with travel. Unless otherwise specified, all materials left over shall become property of the Contractor. Also, underground structures removed, such as brick, concrete, pipe, etc. shall become the property of the Contractor, unless otherwise noted on the plans or in the Special Provisions. If the Contractor shall fail to promptly remove surplus material, the Village may have the material removed and charge the cost thereof as money paid to the Contractor. All surplus excavation shall be removed from the site of the work by the Contractor, but none shall be deposited on private property until written consent of the property owner has been filed with the Engineer. Contractor's disposal shall comply with all Federal, State and local laws and regulations. The cost of disposal of all materials shall be included in the unit price bid for each item in the proposal. No extra payment will be allowed for this item.

17.0 Final Cleanup and Final Pay Request: The contractor shall clear all streets, driveways, parking areas and other contract items of all dirt and debris before final inspection will be made. The Village will not inspect the improved areas until they are cleaned. Failure by the Village to perform final inspection if the areas are not cleaned shall not relieve the contractor of any liquidated damages. No extra payment will be allowed for this cleaning. The cost of the cleaning shall be included in each item bid in the proposal. Final pay request is due 30 days after all punch list items have been completed and accepted by the Village.



SP-2, EROSION CONTROL

1.0 General Erosion and Sediment Control Practices Work under this section consists of furnishing all labor, materials, equipment, supplies, supervision, tools, and performing all work necessary for the installation and maintenance of erosion and sedimentation control devices and facilities as may be necessary or directed by the Engineer and to conform to the plans, specifications, details, permits, local laws, state laws and federal laws. The Contractor shall be responsible for providing and maintaining all erosion control measures as required to build the project as shown on the plans, as directed by the Engineer, and as described in the NC Erosion and Sediment Control Planning and Design Manual, including but not limited to silt fence, inlet protection, sediment traps, temporary construction entrances, temporary protection fence, and temporary seeding. Contractor shall abide by the approved Erosion and Sedimentation Control Plan for this project and keep a signed copy of the letter of approval on-site at all times. See also Section 04000 – Erosion Control. There will be separate measurement and payment for control of water (temporary pump-around, diversion swales, etc…), erosion control matting on streambanks, and permanent seeding. All other erosion control requirements will be included in the “General Erosion and Sediment Control Practices” bid item. There will be no direct measurement of materials for general erosion control practices. All cost incurred to complete the work as specified shall be included in the lump sum price bid for General Erosion Control Practices as listed in the bid tab.

2.0 Stabilization Requirements / Temporary Seeding This work shall consist of furnishing and installing all temporary herbaceous seed and mulch for all areas disturbed by construction or as directed by the Engineer. Temporary seeding shall be completed within seven (7) days of completion of grading activities in any work area. At the discretion of the Engineer, temporary seeding shall not be spread in areas immediately seeded with permanent riparian seed. All areas to be seeded shall conform to the finished grades as specified on the plans and be free of all weeds, trash, debris, brush, clods, loose rocks and other foreign materials larger than 3” in diameter or length that would interfere with seeding. All gullies, washes or disturbed areas that develop subsequent to final dressing shall be repaired prior to seeding. No seeding shall be performed on frozen ground or when the temperature is 32 deg. F/0 deg. C or lower. Seed shall be applied within the top ¼ inch of the soil in two different directions. The Contractor shall maximize the seed/soil contact by firming soil around the seed with a cultipacker, other



similar equipment, or by dragging the surface with chain link fence. Mulch shall be applied to all disturbed areas where temporary seed is applied. Compost and topsoil imported and stockpiled on site for soil mix shall not be seeded and mulched at any time. There is no direct measurement for this work. Temporary Seeding will be paid under “General Erosion and Sediment Control Practices”. SP-3, PERMANENT SEEDING This work shall consist of furnishing and installing all herbaceous seed for the permanent seed mixes, as specified in the construction plans, or as directed by the Engineer. Permanent ground cover is required on all disturbed areas of the project. If temporary seeding is required, the Contractor shall follow with permanent seeding for all areas with temporary seeding. Mulching shall be provided for all areas requiring seeding. Seed: Seed shall consist of seed varieties specified in the composition and planting schedules on the plans. Seed shall be certified that the Pure Live Seed (PLS) percentage is equal to or greater than that which is specified on the Plant Schedules. If the PLS is less than specified, the Contractor shall increase the seeding rate to compensate for the PLS difference at his/her own expense. All seed must be derived from the North Carolina Piedmont Region and no further than 200 miles from Clemmons, NC. All seed and seed varieties shall be free from State and Federal prohibited noxious weed seeds and the following: Annual bluegrass Corn cockle Spurred anoda Bermuda grass Dodder Wild garlic Bindweed Giant foxtail Wild onion Cocklebur Horse nettle Mulch: Seed mulch shall consist of straw or wood cellulose mulch. Water: Water used in the establishment or caring of plants and seed shall be free from any substance that is injurious to plant life. Fertilizer: The Contractor shall use organic fertilizers in lieu of petroleum-based fertilizers. Suitable products that are commercially available are marketed and certified as ‘organic’ or ‘natural’ fertilizers. Organic materials shall include such items as sea grasses/kelp, rock powder, bone meal, whey, bean meal, blood meal, composted manure, etc. Product nutrient content shall be identified in the standard form of Nitrogen (N), Phosphorous (P) and Potassium (K) ratios.



Fertilizer nutrient content and application rates shall be as shown on the plans. The Engineer must approve any proposed substitution to this nutrient content. Limestone: Application rates of limestone shall be as shown on the plans. All areas to be seeded shall conform to the finished grades as specified on the plans and be free of all weeds, trash, debris, brush, clods, loose rocks and other foreign materials larger than 3 inches in diameter or length that would interfere with seeding. All gullies, washes or disturbed areas that develop subsequent to final dressing shall be repaired prior to seeding. Seeding shall be accomplished by using a broadcast spreader, or as indicated by the Engineer. The Engineer, prior to Bid Submittal, must approve any alternative seeding method. All seeding equipment shall be calibrated before application to the satisfaction of the Engineer so that the material is applied accurately and evenly to avoid misses and overlaps. Seed installed by a broadcast spreader shall be capable of placing seed at the specified rate. Seed shall be applied within the top ¼ inch of the soil in two different directions. The Contractor shall maximize the seed/soil contact by firming soil around the seed with a cultipacker, other similar equipment, or by dragging the surface with chain link fence. Immediately after seeding, the site shall be watered lightly, but thoroughly, so that the top 4” of soil is saturated. The Contractor shall mulch and tack all seeded areas within 24 hours after seeding. Final cleanup shall be the responsibility of the Contractor and consist of removing all trash and materials incidental to the project and disposing of them off-site. At the completion of one full growing season permanent seeded areas will be assessed by the Engineer. Eighty (80) % of the surface area planted must be covered with healthy, established permanent vegetation. If the permanent seeded areas do not meet this requirement as determined by the Engineer, the Contractor shall reseed all bare areas at the Contractor’s expense. The newly seeded areas will also be under warranty, and be assessed at the conclusion of the next full growing season. All cost incurred to complete the Permanent Seeding shall be included in the lump sum price bid in the proposal. Payment for this item shall be full compensation for all work covered by this section including but not limited to furnishing all of the materials for fertilizing, liming, seeding and mulching operations. No direct payment will be made for furnishing and applying the limestone, fertilizer, and mulch as such work and materials will be incidental to the work covered by Permanent Seeding. Fertilizer and lime tickets shall be submitted upon request. All seed bag tags shall be submitted upon requests.



SP-4, CONTROL OF WATER The Contractor shall be responsible for the accommodation and the maintenance of base and storm flows in all areas of the project site throughout the construction period. The Contractor shall also be responsible for the control of groundwater and seepage in all excavated areas of the project site throughout the construction period. Culvert installation, concrete work, and stream work shall be done in a dry condition. During construction, pumps/diversion methods shall be used to divert flow around the work area as needed. All dewatering operations must be performed such that pumped or diverted effluent does not produce sediment-laden runoff.

The work conducted under this specification shall consist of the diversion of surface water and ground water, as necessary to perform the construction required by the contract. The work shall include but is not limited to: (1) constructing, installing, building and maintaining all the necessary temporary diversions, inclusive of coffer dam or slide rail system to isolate construction area within the existing pond, (2) furnishing, installing, and operating necessary pumps, piping and other facilities and equipment and (3) removing all such temporary works and equipment after their intended function is no longer required.

The Contractor shall install, maintain, and operate all pumps, hoses, pipelines, sandbag dikes, channels, flumes, sumps, fuel tanks and all other temporary diversions and protective works needed to divert stream flow and other surface water through or around the project site. The Contractor is responsible to determine the number and sizes of pumps necessary to complete the de-watering process. Contractors shall plan their de-watering activities to account for increases in water flow due to storms or other events.

The Contractor shall provide pumps that are in good operating order and free of leaks. Pumps that are leaking fuel, lubricants, or other material, shall be removed immediately from the work area, and repaired or replaced as necessary. During de-watering operations, the Contractor must provide adequate protection from erosion at the discharge area. The discharge of water from the pumping operations shall be undertaken so as to prevent erosion of soils and the downstream introduction of sediment. All materials placed for the protection of discharge outfalls are temporary in nature and shall be removed from the project area upon completion of the de-watering process Upon completion of the work, the Contractor shall remove all de-watering measures. Any fill placed in the active channels during the de-watering process, shall be removed. Upon removal of the de-watering measures, the Contractor shall re-grade all disturbed surfaces, remove any contaminated soils, and restore all areas. All cost incurred to complete the control of water and its implementation shall be included in the lump sum price bid in the proposal. There will be no direct measurement of materials for temporary diversion operations.



SP-5, EROSION CONTROL MATTING FOR STREAM BANKS This work consists of furnishing and installing erosion control matting on the finished grade, as designated on the plans and details, or as directed by the Engineer. The erosion control matting shall be a machine-produced mat of 100% coconut fiber with the following properties: Matrix 100% Coconut Fiber Weight 20 oz/SY (678 gm/m2) Tensile Strength 1348 x 626 lb/ft minimum (1650.5 x 766.5 kg/m) Elongation 34% x 38% Open Area (measured) 50% Thickness 0.30 in minimum (7.6 mm) Flexibility (mg –cm) 65030 x 29590 Recommended Flow 11 feet/second (3.35 m/s) Size 6.6 x 164 ft (120 SY) or (100 SM) “C” Factor 0.002 Stakes shall be wooden stakes 12 inches (300 mm) in length with a notch cut 1 inch (25 mm) from the top. Hardwood “Eco-stakes” or similar biodegradable stakes may be substituted with the approval of the Engineer. In all areas where matting is to be used, the area shall be first appropriately scarified (with metal rake or track hoe bucket), Soil Mix installed, seeded with temporary and permanent seed, lightly raked-in to one-quarter inch (0.25”) depth, and covered with 60% coverage of long straw mulch. Seed shall be broadcast by hand. The seed mixture shall include Temporary Seed as well as a Permanent Seed as seen in the plans. The matting material shall be secured with stakes on three feet (3’) centers overall and every three feet (3') on the overlapped seams. Overlap of the fabric shall be a minimum of 8". Matting shall be securely fastened at the toe of each treated area and over the crown of the bank as shown on the detail sheets in the plans. Material shall be dry when placed. The covered banks shall be smooth and neatly finished. The fabric shall not be in tension, but shall be neatly placed against the surface. There shall be no soil voids under the surface of the matting at time of acceptance by the Engineer. Bank faces shall be smooth and free of clumps larger than 2” diameter. All costs to complete this item shall be included in the lump sum price bid in the proposal and shall include all labor, machinery, maintenance, hauling, preparing, and installing of the item to complete the work in an acceptable manner. Stakes shall be considered incidental to the erosion control matting. Permanent riparian seeding shall be paid and measured under “Permanent Seeding”. Temporary seeding and mulching shall be paid and measured under “General Erosion and Sediment Control Practices”.



Erosion control matting used for all other items than streambanks will be paid under “General Erosion & Sediment Control Practices”. SP-6, EARTHWORK 1.0 Comprehensive Grading The work shall include contractor clearing, grubbing, excavation, placement, and compaction or satisfactory disposal of all materials encountered within the limits of the work necessary for the construction of the project. Earthwork shall be performed to the lines and grades indicated on the plans. This item shall include all earth moved, excavated and reused on-site or hauled off. All excavated materials that are not required for the project or are unsuitable for fills shall be considered as waste and shall be hauled off the site at the Contractor’s expense. This item shall also include all elements of work covered by the following referenced NCDOT Specifications: 225, “Roadway Excavation” 230, “Borrow Excavation” 235, “Embankments” 240, “Ditch Excavation” 260, “Proof Rolling” 412, “Unclassified Structure Excavation” 414, “Box Culvert Excavation” 416, “Channel Excavation” 500, “Fine Grading, Sub-grade, Shoulders and Ditches” 545, “Incidental Stone Base” 560, “Shoulder Construction”

This item shall also include all elements of work required for this project that are not specifically identified in the Itemized Proposal Form.

Tree Protection - Any tree protection shown on the plans or additional tree protection necessary to protect trees within the clearing limits that are to remain will be in included in this item. Minor Drainage - The Contractor shall be responsible for locating and maintaining/restoring the function of the floodplain drainage or overland flow drainage, which should be returned to a perennial stream in a stable manner. Safety/Protection Fence – The Contractor is responsible for installing temporary safety fence as depicted on the construction plans. Safety fence shall serve two purposes, first it will define the work zone thus discouraging un-authorized persons from entering, and secondly it will delineate tree protection areas where construction equipment is not permitted. Cost of the fence is included in this special provision and will not be considered for additional payment.



The Contractor shall construct all improvements so as to create and/or maintain positive drainage at all times. The Contractor shall remove all conflicting structures and other items not moved by others to complete the project. The Contractor shall remove and replace existing street signs, utility services, and other related or similar existing items. All items shall be replaced in a location as shown on the plans or as directed by the Engineer. Unless noted in the project bid estimate, no direct payment shall be made for such relocations. Earthwork – Channel Excavation and Grading - Earthwork shall be performed to the lines, grades, profiles, typical cross sections and notes indicated on the plans or established by the Engineer. This includes, but is not limited to, site preparation for gabions, channel excavation, site preparation for stream structures, and final grading. The work shall include excavation, placement, and compaction or satisfactory disposal of all materials encountered within the limits of the work necessary for the construction of the project. All excavated materials that are not required for the project or are unsuitable for fills shall be considered as waste and shall be hauled off the site at the Contractor’s expense. Stockpiled unsuitable materials shall be disposed of no less than once per week. See also Section 03000, Clearing, Grading, and Excavation. There will be no direct measurement for this work and all cost incurred to complete the work as specified shall be included in the lump sum price for Comprehensive Grading as listed in the bid proposal. 2.0 Undercut Excavation Undercutting shall include the removal and disposal of all objectionable materials BELOW the proposed subgrade and as directed by the Engineer. Borrow material, if needed, shall be suitable excavated material from the project. For construction of drainage infrastructure (i.e., gabions), unsuitable soils encountered below the proposed project sub-grade shall be removed, measured, replaced and paid for under NCDOT section 226, “Undercut Excavation”. The Engineer will determine the amount and location of unsuitable soils and whether “Undercut Excavation” is needed. Undercut Excavation is not necessarily expected to be needed and the quantity included in the Itemized Proposal Form is considered an allowance and for contingency purposes only. Payment for undercutting, if applicable, shall be on a per cubic yard basis as bid in the proposal. Payment shall include all cost associated with excavating and disposing of the material and replacing and compacting suitable excavated materials from the project. 3.0 Select Material Work covered in this special provision consists of furnishing, placing, and compacting select material when unsuitable soils are encountered during construction of roadway embankment.



Select material will be used as structural backfill to replace unsuitable soil, when the Engineer deems the soil unsuitable. The Engineer will determine the amount and location of select material to be used on the project. The Contractor shall not remove soil from the project without approval from the Engineer. Local material meeting the requirements for select material as specified in NCDOT Specifications Section 1016 shall be used before material is imported to the project site. If select material is imported, it shall meet the requirements of NCDOT Standard Specifications for Roads and Structures, Select Material, Class III, Type II (section 1016-3), or other approved classes or materials as directed. It is expected that there will be not be sufficient excavated material onsite to satisfy all backfill requirements of this project. The quantity of Select Material included in the itemized proposal is estimated assuming excavated material will be suitable for use in building up the downstream embankment, but that additional material will be required. The quantity of Select Material will be paid for at the contract unit price per cubic yard as stated on the bid proposal. SP-7, GABION BASKETS 1.0 Description Work covered in this special provision shall include furnishing, assembling, filling and backfilling PVC-coated woven galvanized wire mesh gabion baskets with rock as specified to the dimensions, lines and grades shown on the plans, or as determined by the Engineer. Work covered by this special provision includes, but is not limited to, excavation; furnishing and placing geotextile fabric; furnishing, assembling and placing wire mesh baskets and mattresses; furnishing stone material; filling baskets with stone material; installing grout, and backfilling in accordance with the provisions of these specifications and in accordance with the requirements as directed by the Engineer. See Section 07000 for Technical Specifications for Gabion Baskets and Reno Mattresses. The quantity of gabions will be the number of cubic yards of gabions and mattresses installed and accepted. No separate measurement will be made for excavation, rock used to fill the gabions, geotextile material, or bedding stone material. All work covered by this special provision will be paid for at the contract unit price per cubic yard for Gabion Basket in the bid proposal. Such payment will be full compensation for all labor, materials, and equipment to complete the work covered in this special provision, including but not limited to all excavation; furnishing, assembling and placing basket; furnishing rock and filling baskets; furnishing and placing stone bedding; furnishing and placing grout; and furnishing and placing geotextile fabric. Excavation and backfilling for the placement of gabion baskets shall be considered incidental to the structures and no separate payment will be made.



SP-8, STONE 1.0 Description The work covered by this section consists of furnishing, stockpiling, placing and maintaining an approved stone material to be used as specified in the construction plans, with the exception of stone for gabions, as directed by the Engineer. 2.0 Materials & Methods Stone material for “Small Boulders”, “Class A Rip Rap, Class B Rip Rap, Class 1 Rip Rap, No. 5 Stone, and No. 57 Stone” shall be composed of clean, tough, durable fragments free from fines, organic matter and deleterious substances. The size of stone for each Class shall be as required by NCDOT Section 1042 specifications or as approved by the Engineer. All stone material shall meet the approval of the Engineer. Where no specific gradation is required, the various sizes of the stone material shall be equally distributed within the required size range. The size of an individual stone particle will be determined by measuring its long dimension. ACCEPTANCE CRITERIA FOR STONE MATERIAL

CLASS

REQUIRED STONE SIZES-INCHES Minimum Average Maximum

Class A Rip Rap 2 4 6 Class B Rip Rap 5 8 12 Class 1 Rip Rap 5 10 17 Small Boulders* See below

No more than 5.0% of the material furnished can be less than the minimum size specified and no more than 10.0% of the material can exceed the maximum size specified. No. 5 and No. 57 stone shall meet NCDOT gradation requirements per Section 1005, Requirements for Aggregate. *Small Boulders Minimum boulder dimensions of 2.5’ x 2.0’ x 1.5’ (~1 Ton) shall be individually picked by the Contractor for use when constructing Double Drop Cross Vane. Boulders shall be relatively flat on either side in the same dimension, preferably the long dimension, and must have smooth ends. The Engineer reserves the right to reject any boulders not meeting this size requirement or for irregular shape. Small Boulders larger than 5.0’ x 3.0’ x 2.5’ shall not be permitted.

3.0 Certification The Contractor will be responsible for providing written certification (“truck tickets”) that the delivered stone material weight and gradation for each truck load meets the requirements as stated in this special provision.



4.0 Measurement & Payment The quantity of all stone material, with the exception of stone used for Gabions, to be paid for will be the actual number of tons that has been delivered to and stockpiled on the project as directed by the Engineer. Stone material that has been stockpiled will not be measured a second time. The stone material will be measured by being weighed in trucks on certified platform scales or other certified weighing devices. The quantity of stone material properly placed and accepted by the Engineer and measured as provided above will be paid for at the contract unit prices per ton for “No. 57 Stone”, “No. 5 Stone”, “Class A Rip Rap”, “Class B Rip Rap”, “Class 1”, and “Small Boulders”. “Stone” used for temporary erosion control measures will not be measured and paid under this special provision and is to be included in General Erosion Control & Sediment Practices lump sum bid. “Stone” used for Gabions will not be measured under this provision and will be paid under the bid item for Gabions and Reno Mattresses. SP-9, FILTER FABRIC 1.0 Description Work under this section consists of furnishing all labor, materials, equipment, supplies, supervision and tools, and performing all work necessary for installation of filter fabric as shown on the plans and details, with the exception of filter fabric for the precast box culvert installation, which is specified as part of SP-11. 2.0 Materials The fabric shall meet the material requirements indicated in NCDOT Specifications Section 1056 – for Type 2 Filter Fabric. Materials also include all necessary hardware to properly secure fabric per manufacturer’s recommendations. 3.0 Methods Filter fabric shall be installed per plans and details with a minimum overlap of 3 feet. Filter fabric is required under gabions, instream structures, boulder steps, riprap downstream of culvert, and filter stone upstream of gabions. A minimum 3-foot width is required to be wrapped around each joint of the concrete box culvert. 4.0 Measurement & Payment There will be no direct measurement for this work and all cost incurred to complete the work as specified shall be included in the lump sum price for Filter Fabric as listed in the bid proposal. The lump sum bid price for this item shall include all labor, machinery, maintenance, hauling, preparing, and installation of the item to complete the work in an acceptable manner. Filter fabric for the precast box culvert installation (SP-11) will be paid as part of the lump sum for the box culvert installation.



SP-10, IN-STREAM STRUCTURES 1.0 Description The work covered by this section consists of the construction of in-stream structures to stabilize streambanks, protect the channel and improve aquatic habitat. In-stream structures include but are not limited to boulder steps. 2.0 Materials Boulders for in-stream structures shall conform to the specifications for boulders described in the “Stone” section. The different classes of stone shall conform to their respective specifications in the “Stone” section. Filter fabric for sealing structures shall meet the material requirements specified in the “Filter Fabric” section. 3.0 Methods This item shall consist of the excavation, placement of stone materials, and backfill associated with the installation of bid item in-stream structures. A track-mounted excavator with a hydraulic thumb of sufficient size to grasp and move boulders is required. Excavation for In-Stream Structures shall be completed below design grade to allow for appropriate footers or depth of stone fill as designed. Refer to the construction plans for exact installation details and locations of structures. Footer boulders shall be placed first, with header boulders placed on top prior to any back filling of the trench. Boulders shall be selected and positioned such that they butt tightly together and there are multiple contact points between all boulders. Boulder steps shall include filter fabric installed on the upstream side of the structure to prevent the washout of sediment through boulder gaps. Fabric shall extend from bottom of footer boulder to finished grade elevation on the upstream side of the structure. Fabric shall be placed the entire length of the structure. Gaps between boulders shall be filled with excavated stream material or additional stone. In the center, or cross portion of the channel, the header boulder shall be placed such that the top of the header boulder is at an elevation equal to the design bed elevation. The header boulders in the side, or wing, portion shall be placed in such a manner as they slope up from bed elevation, until it ties into the outside bank at a point that is in the plan details or as directed by the Project Engineer. The header boulders shall tie into the outside bank at an elevation that is below bank-full and shall allow for the establishment of vegetation on the channel stream bank. Header and footer boulders at both banks shall be tied in securely to the bank in such a way that eliminates the possibility of water diverting around them. The Engineer may adjust the excavation limits to improve the structure subgrade conditions during construction. Excavated material shall be placed on the upstream side of the structures or as directed by the Engineer. Unless otherwise approved by the Engineer, excavation to prepare the subgrade for the installation of in-stream structures shall be consecutive and continuous. Once the excavation of a structure has begun, the structure shall be completed by the end of the workday. All equipment shall be removed from the stream at the end of each workday.



Any accumulation of sediment in the channel shall be cleaned as needed during construction and at the end of construction. No separate payment will be made for this clean-up work. Any disturbed soil after construction of an in-stream structure shall be seeded using “Temporary Seeding”. In addition, “Permanent Seeding” shall be over seeded in these areas. 4.0 Measurement & Payment No separate measurement of materials will be made under this item. The quantity of Boulders, Class A Rip Rap, Class B Rip Rap, Class 1 Rip Rap, and No. 5 Stone will be measured and paid for under “Stone”. Stone for Foundation Conditioning Material will be paid as part of the lump sum for the precast box culvert installation (SP-11). Filter fabric will be paid for under “Filter Fabric”. Excavation and backfilling for the placement of in-stream structures shall be considered incidental to the structures and no separate payment will be made. SP-11, PRECAST REINFORCED CONCRETE BOX CULVERT 1.0 Description This Special Provision supplements the PRE-CAST CONCRETE BOX CULVERT requirements listed in the plans. 2.0 Concrete Box Sections - Joints The precast reinforced concrete box section shall be produced with tongue and groove ends. The ends of the box section are to be designed and formed such that, when the sections are laid together, they make a continuous line of box sections with a smooth interior free of appreciable irregularities in the flowline, all compatible with the permissible variations given in Section F. The internal joint formed at the tongue and groove ends of the precast units shall be sealed with either bitumen/butyl sealant or closed-cell neoprene material. The internal joint material shall be installed in accordance with the manufacturer's recommendations. The material shall be shown on the shop drawings when they are submitted for review.



Seal the external joint with an outside sealer wrap conforming to ASTM C877 that is at least 12 inches wide and covers the joint on both the sides and the top of the box section. Use ConWrap CS-212 from Concrete Sealants, Inc., EZ-Wrap from Press-Seal Gasket Corporation, Seal Wrap from Mar-Mac Manufacturing Co., Inc., Cadilloc External Pipe Joint from Cadilloc, or an approved equal for the outside sealer wrap. If the outside sealer wrap is not applied in a continuous strip along the entire joint, a 12 inch minimum lap of the outside sealer wrap is permitted. Before placing the outside sealer wrap, clean and prime the area receiving the outside sealer wrap in accordance with the sealer wrap manufacturer recommendations. The joint wrap manufacturer installation recommendations shall be included with shop drawings submitted for review. The external joint wrap shall be installed in pieces, as indicated on Figure 1 below: 3 5

1 2 3 1 2 4

Figure 1

Cover the external joint sealer with a 3 foot strip of filter fabric conforming to Type 4 requirements in Section 1056 of the NCDOT Standard Specifications.

3.0 Concrete Box Sections – Physical Requirements

Acceptability of precast culvert sections is based on concrete cylinders made and tested in accordance with ASTM C31 and ASTM C39. 4.0 Concrete Box Sections – Permissible Variations

• Flatness − All external surfaces shall be flat, true, and plumb. Irregularities, depressions, or high spots on all external surfaces shall not exceed 1/2 inch in 8 feet.

• Internal Dimensions – Produce sections so that the internal and haunch dimensions do not

vary more than 1/4 inch from the plan dimensions.

• Adjacent Sections - Internal, external, and haunch dimensions for connecting sections shall not vary more than 1/2 inch.



• Length of Tongue and Groove − The minimum length of the tongue shall be 4 inches. The minimum length of the groove shall be 4 inches. The dimensions of the tongue and groove shall not vary more than 1/4 inch from the plan dimensions.

• Slab and Wall Thickness – Produce sections so that the slab and wall thickness are not

less than that shown on the plans by more than 5% or 3/16 inch, whichever is greater. A thickness more than that required on the plans is not a cause for rejection.

• Length of Opposite Surfaces – Produce sections so that variations in laying lengths of

two opposite surfaces of the box section meet the requirements of ASTM C1577, Section 11.3.

• Length of Section – Produce sections so that the underrun in length of a section is not

more than 1/2 inch in any box section. • Position of Reinforcement – Produce sections so that the maximum variation in the

position of the reinforcement is ±3/8 inch for slab and wall thicknesses of 5 inches or less and ±1/2 inch for slab and wall thicknesses greater than 5 inches. Produce sections so that the concrete cover is never less than 5/8 inch as measured to the internal surface or the external surface. The preceding minimum cover limitations do not apply at the mating surfaces of the joint.

5.0 Concrete Box Sections – Markings Each section shall be match-marked in order of intended installation as indicated on the approved shop drawings. Ensure that pieces fit together neatly and in a workmanlike manner. This will require that a minimum of three adjacent sections of the culvert be fitted at the production yard at a time and then match-marked. Once three sections have been match-marked, the first section may be removed for shipment and a fourth section set for marking. Continue in a progressive manner until all sections have been properly match-marked. The producer shall document the GO-NO-GO dimensional measurements of each box culvert section produced through the post-pour inspection process. Clearly mark each section of the box culvert in accordance with ASTM C1577, Section 15. The information requirements of Section 15.1 shall be clearly marked on the inner surface of each section. 6.0 Construction Requirements

• Pre-installation Meeting − A pre-installation meeting is required prior to installation. Representatives from the Contractor, the precast box manufacturer, and the Village should attend this meeting. The precast box manufacturer representative shall be on site during installation.



• Foundation − Foundation for precast box culvert shall meet the requirements of Section 414 of the Standard Specifications. In addition, Type VI foundation material shall be encapsulated in filter fabric conforming to Type 4 requirements in Section 1056 of the Standard Specifications. The filter fabric shall be placed perpendicular to the culvert barrel. Provide sufficient overhang beyond the excavation to allow a minimum lap of 3 feet when the foundation material is placed and fabric wrapped on top. Perpendicular sections of fabric shall be continuous. A minimum lap of 2 feet shall be provided between sections of fabric.

• Installation − Sections shall be placed at the beginning of the outlet end of the culvert

with the groove end being laid upgrade. Tongue sections shall be laid into the groove sections. Positive means shall be provided to pull each section firmly into the previously placed section so that the joints are tightly homed. Use a "come-along", box pullers or other approved methods to create a positive means of joining box sections. Construction equipment shall not have direct contact with the box section. The load of the box shall be suspended by lifting device during joining procedure.

• Backfill − Complete backfill in accordance with Section 414 of the Standard

Specifications. 7.0 Measurement and Payment The Precast Reinforced Concrete Box Culvert as described on the plans and in this Special Provision will be paid for at the contract lump sum price for “Precast Reinforced Concrete Box Culvert”. Such price and payment will be full compensation for all work covered by this Special Provision, the plans and applicable parts of the Standard Specifications and will include, but not be limited to, furnishing all labor, materials (including all filter fabric and foundation conditioning material), equipment and other incidentals necessary to complete this work. Such price and payment will also be full compensation for concrete, reinforcing steel, labor, equipment and all other related materials necessary for the completion of the 68 linear foot barrel section. Culvert Excavation will be paid under Comprehensive Grading.


CLEARING, GRADING, AND EXCAVATION 02000-1


TECHNICAL SPECIFICATIONS SECTION 02000 – CLEARING, GRADING, AND EXCAVATION PART 1 - GENERAL 1.01 RELATED WORK IN OTHER SECTIONS:

A. The Drawings and provisions of the General Conditions, Technical Specifications, and Special Provisions, are included as a part of this Section as though bound herein.

1.02 DESCRIPTION OF WORK:

A. Drawings and general provisions of the Contract, including General Conditions, Special Provisions, and Technical Specifications, apply to this section.

B. The Contractor shall furnish all materials, labor, and equipment necessary to

perform clearing, grading, excavation, placement, compaction, and associated work on the project or projects covered by these Construction Specifications.

C. The Contractor shall remove, and satisfactorily dispose of all materials cleared,

grubbed, and/or excavated within the proposed clearing and grubbing limits indicated on the Plans and/or specified by the Engineer, including unsuitable subgrade materials and the replacement with satisfactory materials.

D. This item shall consist of such clearing, grading, and excavation as is necessary

for berms, inlets, outlets, and lateral drainage ditches and for the formation, compaction, and the shaping of all channels and streambanks to conform to the lines and grades of typical cross sections and contours shown on the Plans and/or specified by the Engineer.

E. This item shall include the removal and proper disposal of all down timber, logs,

brush undergrowth, fences, trees, hedgerows, pipes, rock, debris and existing asphalt and concrete surfaces, as required.

F. All suitable material removed in the excavation shall be used as far as practicable

in the formation of embankments, subgrades, and shoulders, and at such other places as may be indicated on the plans or directed by the Engineer. Unsuitable material and excess excavated material not required on this project shall be properly disposed of offsite at no additional cost to the Owner.



1.03 DEFINITIONS:

A. Geotechnical Engineer (also referred to as Soils Engineer) is a qualified Professional Engineer who is employed by a qualified geotechnical firm, which is representing the Owner to identify soils, rock formations, check soil moistures and densities, classify materials, and perform other related functions.

B. Unsuitable material includes soils that, for any reason, will not place and compact

satisfactorily. Unsuitable material shall include, but not be limited to, soils high in organic content, soft soils, spongy or frozen soils, topsoil, and sod.

1.04 SITE EXAMINATION AND SUPERVISION:

A. Contractor shall visit the site, familiarize himself with actual conditions, and shall verify existing conditions in the field. Contractor shall promptly report in writing to the Engineer, discrepancies and conditions that vary from information shown and/or specified that could adversely affect the performance of the work required.

B. Contractor shall verify all existing underground utility locations either shown or

not shown on the Plans. Contractor shall also visibly mark and identify all underground utilities and shall immediately inform the Engineer, the same working day, of their location.

C. Contractor shall perform work to conform to applicable federal, state, county, and

city laws, codes and regulations, and with Contract requirements.

D. Contractor shall notify utility companies, Engineer, and Owner at least two (2) weeks before starting clearing and grubbing. Request identification or action on hidden lines in the work areas.

1. Contractor shall protect known utilities to remain from damage and shall

use precautions to prevent damage to overhead lines.

2. If existing utility lines not shown or not known by the Contractor are encountered and exposed or damaged, contractor shall immediately notify the Engineer and Owner.

1.05 PROTECTION:

A. Contractor shall maintain carefully all benchmarks, monuments, and other reference points. If disturbed or destroyed, replace as directed. If found at variance with the Plans, notify Engineer before proceeding to lay out work.

B. Protection of Existing Work Remaining:



1. All existing curbs, sidewalks, gates, signs, fences, pastures, fields, roads, trails, and paving damaged in performance of this work shall be restored in manner prescribed by authorities having jurisdiction and to the complete satisfaction of the Engineer and Owner.

2. Existing utility services shall not be interrupted, except as authorized in

writing by Owner; and only after temporary services have been installed by Contractor and approved by Owner and Engineer, or applicable utility company.

3. Provide barricades, coverings, and other type of protectors necessary to

prevent damage to existing piping and structures to be left in place at the project site.

C. Contractor shall provide barricades and other types of safeguards for protection of

Owner's property, adjacent property, and public. 1.06 QUALITY ASSURANCE:

A. Contractor shall consult with the Owner and the Engineer prior to beginning clearing and grubbing. A full understanding shall be reached as to procedure. The Contractor shall then conduct clearing and grubbing operations in strict accordance with these agreements.

B. Compaction shall be completed in accordance with the standards of ASTM D-698

as amended.

C. The Owner shall retain the services of a testing laboratory to perform all tests required at the project site, including monitoring of structural fill construction by a qualified geotechnical technician. The field compaction control shall be provided to identify any potential problem areas.

1.07 CLASSIFICATION OF EXCAVATION:

A. All material excavated from the project limits in order to achieve the site lines, grades, and cross sections shown on the plans shall be classified as Unclassified Excavation.

B. Undercut excavation shall consist of the excavation and disposal of unsuitable materials below the proposed subgrade, as directed by the Engineer, and the proper disposal of the material off-site or at designated areas on-site.



C. The Contractor shall conduct undercut operations in such a way that the Engineer can take the necessary measurements before any backfill is placed. All materials which the Contractor has been directed to excavate from a location below the finished graded cross section will be classified as undercut excavation and will be measured separately.

PART 2 - PRODUCTS 2.01 EXCAVATION AND COMPACTION EQUIPMENT:

A. The Contractor shall select the excavation equipment to excavate the various materials in conformance with this Specification section. However, any equipment that results in waste of material, or results in inaccurate work, or is otherwise objectionable, shall be replaced promptly as directed by the Engineer.

B. Compaction equipment shall be adequate in number and types of units, and in

capacity, to secure continuously the density requirements of this section for each layer of fill. Selection of equipment shall be left to the Contractor, and it shall be his responsibility to provide equipment that shall produce the required density. In event of failure to reach the required density due to equipment, the Contractor shall substitute more effective equipment, add more compaction units, or reduce the rate of fill placement to permit available equipment to produce the required density. Appropriate equipment shall be required to keep each layer of the fill properly shaped and with proper moisture content.

2.02 BORROW MATERIAL:

A. Suitable fill materials shall have Unified Soil Classifications of SM, SC, ML, or CL and have at least 40% passing a #200 sieve with a plasticity index of at least 7% unless otherwise approved by the Engineer. The organic content of the soil shall be 3% or less.

B. The Contractor shall submit Proctor density curves for potential sources of borrow

material. All borrow material shall be approved by the Engineer prior to use.

C. Borrow material shall consist of the excavation, hauling, placement, and compaction of approved borrow material from a location off the project site as arranged by the Contractor.

D. The Contractor will be responsible for moisture condition of the soils as necessary

to meet technical specifications at no additional cost to the Owner.



2.03 TOPSOIL:

A. Topsoil shall consist of natural loamy soil suitable as surfacing for lawns, occurring usually in a surface layer of 6” to 18” thick.

B. Topsoil shall be removed from the work sites and shall be stockpiled for

subsequent reuse. Stockpile locations shall be approved by the Engineer. PART 3 - EXECUTION 3.01 PRELIMINARY WORK:

A. Key sedimentation and soil erosion control measures shall be installed prior to beginning significant clearing operations.

3.02 GENERAL:

A. Except as otherwise permitted by the Engineer, areas shall be graded and/or excavated so as to provide adequate continuous drainage.

B. The Contractor shall be responsible for the accommodation and the maintenance of base and storm flows in all areas of the project site throughout the construction period.

C. Where springs or other seeping water is encountered, the Contractor shall make

adequate provisions for collecting and disposing of this water. 3.03 CLEARING, GRUBBING, AND STRIPPING:

A. Where trees or brush exist at the site of the work, the construction areas shall be cleared and trees, stumps, and roots grubbed. All areas shall be stripped to such depth as to remove all vegetation, topsoil, turf, roots, organic matter, and other objectionable materials.

B. Use equipment and methods for clearing and grubbing in a manner to prevent

damage to trees and plants which are to remain within and adjacent to contract limits and to avoid hazard to public and property.

C. The operations of the Contractor shall be conducted with full consideration of all

the proper and legal rights of the Owner, and of adjacent property owners and the public, and with the least possible amount of inconvenience to them.

D. Avoid unnecessary skinning and bruising of bark and cutting, breaking or

skinning of roots. Do not tie cables or chains around trunks of remaining trees.



E. All brush, stumps, laps, roots, and logs shall be removed from the entire

construction area and disposed of off-site or on-site to the Engineer’s satisfaction.

F. Do not operate heavy vehicles over the root zones of trees to remain.

G. No open burning shall be allowed, unless prior written approval is obtained from the Owner and the Engineer.

H. Should any existing surface and/or sub-surface drainage pipe be found at the

project site, the Contractor shall notify the Engineer immediately to determine whether the pipe should remain, be extended and/or modified, or be removed.

I. The Contractor shall reflect any existing drainage pipes on the “Record Drawings”

(also referred to as “As-Built Drawings”).

J. If abandoned foundations, pipes, drainage structures or other obstructions are encountered that are not shown on the Plans, the Contractor shall notify the Engineer before proceeding with the work, and adjustments shall be made only as directed by the Engineer.

K. Minor debris, trash, fences, waste concrete, waste metal, and pipes that may be on

the site shall be removed and disposed of to the satisfaction of the Engineer and Owner.

L. All pollutable waste material shall be properly disposed in the nearest landfill

unless otherwise approved by the Engineer. Other wastes shall be legally disposed of at a convenient site located by the Contractor, subject to the approval of the Engineer and Owner.

3.04 DISPOSAL OF WASTE MATERIAL:

A. Except for items to be retained by Owner, trees and plant materials and waste material, rubble and debris removed during site clearing operations shall be removed from the site and legally disposed of off the Owner's property.

B. Legally dispose of waste materials off Owner's property as they are produced. Do

not bury, spread or stockpile debris on site, except as directed by Owner and Engineer.

C. Do not burn any debris, except as allowed by code and with Owner's consent.



3.05 REMOVAL OF EXISTING STRUCTURES:

A. This work shall consist of the complete removal and satisfactory disposal of all structures, old pavements, abandoned pipelines and utilities, and any other obstructions within the limits of the earthwork, unless otherwise indicated on the Plans or directed by the Engineer.

3.06 PROTECTION AND REPAIR:

A. Where roots 1 1/2" diameter or larger of retained trees are cut during excavation, coat the cut faces with an emulsified asphalt or other acceptable coating. Temporarily cover exposed roots with wet burlap to prevent roots from drying out. Cover with earth as soon as possible.

B. Observe restrictions to parking and storage of building materials over tree root

zones.

C. Repair satisfactorily the construction damage to remaining trees and shrubs.

D. Where excavation or stripping is required within the drip line of trees to be saved, use a narrow trenching machine to cut roots at limit of excavation. Avoid ripping tree roots. If root trimming is necessary, make clean, sharp cuts.

3.07 GRADING PREPARATION:

A. Grade stakes shall be maintained as required. Layout work shall be referenced to benchmarks, base lines, property lines, easements, and/or rights-of-way as indicated.

B. Where new grades tie into existing grades, existing grades shall be verified. If

existing conditions are at variance with the Plans, the Engineer shall be notified before proceeding with the work, and adjustments shall be made only as directed by the Engineer.

3.08 EXCAVATION AND GRADING:

A. Excavation and grading shall include all site grading, channel excavation, backfill, and stream structures construction. Excavation and grading shall also include borrow, disposal of excess material off-site (or on-site as approved by the Engineer), procuring and placing topsoil, cleanup, and dressing off. This item shall also include all necessary dewatering, soil aeration (drying), soil wetting, sheathing, bracing, cofferdam work, pumping, and protection.

B. All excavation and grading shall be confined to the construction area, as shown on

the Plans, and shall be done in an approved manner, with proper equipment.



C. All construction operations shall comply with local codes, ordinances, and

requirements of agencies having jurisdiction.

D. All construction operations shall be accomplished in accordance with applicable regulations of the North Carolina Department of Labor, Occupational Safety and Health Administration (OSHA).

E. Slope sides of excavations are to comply with codes, ordinances, and

requirements of agencies having jurisdiction. Shore and brace where sloping is not possible because of space restrictions and potential instability of material excavated. Maintain side slopes of excavations in a safe condition until completion of backfilling.

F. The Contractor shall be responsible for any dewatering required for construction.

The Contractor shall provide and maintain whatever means required for dewatering including ditching, drains, pumping, bailing, and well pointing.

G. Site grading shall conform to the grades indicated by finish contours, cross

sections, and/or spot elevations on the Plans. Accuracy of finished grades shall be +/- 0.1 feet. Where topsoil, sand base, or other items are shown or called for, the rough grade shall accommodate these items. Excavation shall be made to the elevations, slopes, and limits called for on the Plans or as directed by the Engineer.

H. Materials for fills shall be spread evenly and the compaction equipment routed

over the work to obtain uniform compaction. Fills shall be compacted to at least ninety-five percent (95%) of Standard Proctor Maximum Dry Density, unless otherwise specified by the Engineer.

I. Fill materials shall be placed at moisture contents from 2% dry of optimum

content (as determined by ASTM-698) to the maximum percentage wet of optimum (or as directed by a Geotechnical Engineer) which will still allow achievement of required compaction and sufficient stability to allow obtainment of compaction with subsequent lifts. Material that is too dry for proper compaction shall be moistened by suitable watering devices, turned and harrowed to distribute the moisture, and then properly compacted. When material is too wet for proper compaction, fill soils shall be dried prior to compaction. The soils shall be dried by aeration discing, harrowing, or other methods until the materials can be compacted to the specified density. Select material, as needed shall be provided from the work site or other acceptable source. Moisture conditioning is to be performed at no additional cost to the Owner.

J. All cuts, fills, and slopes shall be neatly dressed off to the required grade or

subgrade as indicated on the Plans.



K. Where necessary, the sides of excavation shall be shored and sheathed, or

cofferdams built, as required for protection of the work and employees.

L. Engineered Fills:

1. Remove all deleterious materials from areas to be filled. Prior to placing fill material, surface of ground shall be scarified to a depth of 6", and moisture content of loosened material shall be such that it will bond readily with first layer of fill material, unless directed otherwise by the Engineer.

2. Where soft surface soils have been undercut, and where unsuitable

material is required to be removed, replace with approved fill material.

3. Do not deposit any fill on a subgrade that is frozen or that contains frost. Do not deposit any fill on a subgrade that is muddy, unless otherwise indicated on the Plans, specified in the attached geotechnical engineering report, or directed by the Engineer.

M. Should soft or unsuitable material be encountered at subgrade elevation, such

material shall be removed and replaced with acceptable compacted select material, obtained on-site or off-site at the direction of the Engineer. Any other excavation below grade shall be replaced with good material, without additional compensation therefor.

3.09 ROCK:

A. If rock is encountered, the Contractor shall notify the Engineer immediately.

B. Rock Excavation: 1. Mass rock excavation shall be defined as the removal of a formation that

cannot be excavated without systematic drilling and blasting. Boulders larger than 1/2 cubic yard shall be classified as rock. The Contractor may demonstrate that the material cannot be ripped with a D-8 dozer or equivalent, pulling a single-tooth ripper. The Contractor may be required to provide equipment specification data verifying the above-required minimum capacity for the equipment used for demonstration purposes. The equipment is to be in good repair and in proper working condition.

2. Trench rock excavation shall be defined as the removal of a formation that

cannot be excavated without systematic drilling and blasting. Boulders larger than 1/2 cubic yard shall be classified as rock. The Contractor may demonstrate that the material cannot be removed with a backhoe equipped



with a maximum 1/2 cubic yard heavy duty trenching bucket with rock teeth placed on a Cat 325 or equivalent. The Contractor may be required to provide equipment specification data verifying the above required minimum capacity for the equipment used for demonstration purposes. The equipment is to be in good repair and in proper working condition.

a. Typical of materials classified as rock are boulders one-half (1/2)

cubic yard or more in volume, solid rock, rock in ledges, and rock hard cementitious aggregate deposits.

b. Intermittent drilling, blasting, or ripping performed to increase production and not necessary to permit excavation of material encountered shall be classified as common excavation.

c. Do not perform rock excavation work until material to be excavated has been cross-sectioned and classified by the Contractor, and such information provided to the Engineer for approval. Such excavation shall be paid on basis of Contract Conditions relative to changes in work.

d. Rock payment lines are limited to the following:

(1) Two (2) feet outside of concrete work, for which forms are required, except foundations.

(2) One (1) foot outside perimeter of foundations.

(3) In pipe trenches, six (6) inches below invert elevation of

pipe and two (2) feet wider than nominal diameter of pipe. Trench width shall be a minimum of three (3) feet wide.

(4) Outside dimensions of concrete work where no forms are

required. (5) Under slabs on grade, six (6) inches below bottom of

concrete slab.



1.01 BACKFILLING:

A. As far as practicable, backfill shall be brought up evenly on each side of conduits, structures, and other facilities.

B. Preparation:

1. Before placing backfill, remove all debris subject to termite attack, rot, or

corrosion, and all other deleterious materials from areas to be backfilled.

2. Remove and dispose of rock in excess of 4" diameter.

3. All backfill material shall be as specified herein for fill material.

C. Backfill adjacent to conduits, structures, and other facilities shall be completed as soon as possible, in conformance with the following:

1. Backfill shall consist of clean acceptable earth, free from trash, wood,

large rocks, vegetable matter, organic matter, and other injurious material. Suitable fill shall have Unified Soil Classifications of SM, SC, ML, or CL with at least 40% passing the #200 sieve and a plasticity index of at least 7%.

2. Backfill shall be placed in 4” to 6” loose layers for full width of cross

section. Where manual, hand-held, or light compaction equipment is used, the backfill shall be placed in 4” (max.) loose lifts.

3. Backfill shall be thoroughly compacted by rolling or pneumatic tamping

after a light sprinkling with water (if required) to 95% of the Standard Proctor Maximum Dry Density as defined by ASTM D-698 as amended, with any subsequent settlement being refilled. This requirement shall be increased to 98% of ASTM D-698 as amended, in the final 12 inches beneath pavements.

4. Backfill shall be placed at moisture contents from 2% dry of optimum

content (as determined by ASTM-698) to the maximum percentage wet of optimum which will still allow achievement of required compaction and sufficient stability to allow obtainment of compaction with subsequent lifts. Moisture conditioning is to be performed at no additional cost to the Owner.

5. Care shall be taken to protect piping and other utilities during backfill

operations.



6. Excessively wet, soupy or mucky material shall be removed from the area around structures prior to backfill.

7. Backfill around non-waterholding structures shall be completed upon

completion of the structure above finish grade, and all piping has been properly installed and tested. Backfill shall NOT be placed against any portion of concrete structures until the concrete has reached at least 70% of its design strength.

1.02 TOLERANCES:

A. Surface of finished grade generally shall be not more than 0.1 feet above or below established grade or approved cross section.

B. All ditches and swales shall be finished to drain readily. Unless otherwise

indicated, subgrade piping shall be sloped evenly to provide drainage at a grade not less than 1/4" per foot (2.0 percent).

1.03 FINE GRADING, PLACEMENT OF TOPSOIL, AND CLEANUP:

A. Upon completion of excavation, grading, and backfill, the entire work area shall be fine graded and dressed off to the indicated grades. If necessary to establish proper grass cover as specified on the Plans and/or Specifications, at least 6” of topsoil shall be placed on all disturbed non-paved areas, except for roadways, parking lots, sidewalks, walking trail, and stream channel, with the final level of topsoil conforming to the design finished elevations. Topsoil shall be free of debris, sticks, excessive amounts of weeds, and other deleterious substances.

B. Upon completion of the fine grading and placement of topsoil (if topsoil is

required), the entire site shall be cleaned up and dressed off and all excess material and debris disposed of to the Owner’s and to the Engineer’s satisfaction.


SEEDING AND MULCHING 02480-1


TECHNICAL SPECIFICATIONS SECTION 02480 – SEEDING AND MULCHING PART 1 - GENERAL 1.01 RELATED DOCUMENTS:

A. Drawings and general provisions of the Contract, including General Conditions, Technical Specifications, and Special Provisions, apply to this Section.

1.02 SUMMARY:

A. This section covers the furnishing of materials, labor, and equipment necessary to perform the seeding and mulching work on the project or projects covered by these Construction Specifications.

B. The work of seeding and mulching shall be performed immediately upon

completion of grading.

C. The Contractor shall adapt his operations to variations in weather or soil conditions as necessary for the establishment and growth of the grasses or legumes.

D. In all operations, care shall be taken to preserve the required line, grade, and

cross-section of the area. 1.03 PRODUCT HANDLING:

A. The Contractor shall store lime, fertilizer, soil conditioners, and seed in a dry area, free from physical abuse of any kind. Store on pallets off of ground.

B. During handling, the Contractor shall protect lime, fertilizer, soil conditioners,

and seed from damage of any cause. PART 2 - PRODUCTS 2.01 SEED:

A. Seed shall be certified by and comply with the rules and regulations of the N.C. Department of Agriculture.

B. Only high quality seed shall be used. Wet, moldy, or otherwise damaged seed or

seed containing excess of noxious weeds shall not be acceptable.

C. Each variety of seed shall be furnished and delivered in separate bags.



D. If seed is to be mixed before sowing, it shall be mixed by methods that shall mix

the seed thoroughly and uniformly without causing damage to the seed.

E. Seed shall be clean; delivered in original unopened packages; and bearing an analysis of contents.

F. Seed shall be guaranteed 95 percent pure; and shall have a minimum germination

rate of 85 percent (within 1 year of test). 2.02 FERTILIZER:

A. Fertilizer shall comply with the rules and regulations of the N.C. Department of Agriculture.

B. Fertilizer shall be manufactured from cured stock and have an analysis of 10-10-

10.

C. During handling and storage, the fertilizer shall be protected against hardening, caking, or loss of plant food values. Any hardened or caked fertilizer shall be pulverized to its original condition before being used.

1. Fertilizer shall conform to applicable State fertilizer laws; with availability

of plant nutrients conforming to standards of AOAC. Fertilizer shall be uniform in composition, dry, and free-flowing.

2. Fertilizer shall be delivered in original, unopened containers bearing

manufacturer's guaranteed analysis. 2.03 LIME:

A. Lime shall comply with the rules and regulations of the N.C. Department of Agriculture.

B. Lime shall be agricultural grade ground dolomitic limestone containing not less

than 85% of combined calcium and magnesium carbonates.

C. Lime shall be so graded that 100% shall pass a No. 10 sieve and 40% shall pass a No. 100 sieve.

D. During handling and storage, lime shall be protected against hardening and

caking. Any hardened or caked lime shall be pulverized to its original condition before being used.



2.04 MULCH AND MATTING:

A. Mulch shall consist of clean grain straw reasonably free from mature seedbearing stalks, roots, or bulblets of Johnson Grass, Nutgrass, Sanbur, Wild Garlic, Wild Onion, Bermuda Grass, Crotalaria, Witchweed, and restricted noxious weeds as defined by the N.C. Department of Agriculture at the time of use.

B. Mulch that is matted or lumpy shall be loosened and separated before being used.

C. Matting shall be heavy twisted jute mesh. Openings between strands shall be

approximately 1" square.

PART 3 - EXECUTION 3.01 The seedbed shall be properly prepared and true to line and grade with lime and fertilizer

worked into the soil 4” to 6” deep. All weeds and other unacceptable growth shall be cut and disposed of properly. Uneven and rough areas shall be smoothed to provide a uniform surface. The soil shall be loosened to a minimum depth of 5” and all clods shall be broken up. The top 2” or 3” of soil shall be worked into an acceptable seedbed by the use of approved methods. On cut slopes steeper than 2-H:1-V, the Engineer may permit the depth of preparation to be reduced, but in all cases the slope surface shall be scarified, grooved, trenched, or punctured so as to provide places in which the seeding materials can lodge.

3.02 Lime and fertilizer shall be distributed uniformly over the prepared seedbed at the

specified rates and then harrowed, raked, or otherwise thoroughly worked or mixed into seedbed. Seed shall be distributed uniformly over the prepared seedbed at the specified rate and immediately harrowed, dragged, raked, or otherwise worked so as to cover the seed with a layer of soil. Immediately after seed has been properly covered, the seedbed shall be compacted by means approved by the Engineer.

3.03 Within 24 hours after completion of seeding, all areas shall be mulched. Mulch shall be

spread uniformly by hand or by approved mechanical spreaders, which shall provide an acceptable application. An acceptable application shall be that which shall allow some sunlight to penetrate and air to circulate but also partially shade the ground, reduce erosion, and conserve soil moisture.

3.04 Mulch and/or matting shall be applied as required to retain soil and grass.

A. Mulch areas (slopes flatter than 3.0-H:1-V) by spreading light cover of mulch over seeded area at rate of not less than 2.0 tons per acre.

B. On slopes 3.0-H:1-V or steeper, mulch with matting. Pin matting to ground with

6" long wire staples at 5 ft. intervals (both ways) immediately after seeding.



3.05 Mulch shall be held in place by applying a sufficient amount of asphalt emulsion or other approved bind material. The rate and method of application shall meet the approval of the Engineer. When the binding material is not applied directly with the mulch, it shall be applied immediately following the mulch application. During the application of the binding material, adequate precautions shall be taken to prevent damage to traffic, structures, traffic control devices, and other appurtenances. When any damage does occur, the Contractor shall repair it, including any necessary cleaning. The Contractor shall take precautions to prevent mulch from entering drainage structures and shall promptly remove any blockages, which may occur.

3.06 SEEDING MIXTURES: (See the Plans for the dates of application, the types of seed,

and the rates of seed) 3.07 SEEDBED PREPARATION:

A. Chisel compacted areas and spread topsoil 3” deep over adverse soil conditions, if available

B. Rip the entire area to 6” depth.

C. Remove all loose rock, roots, and other obstructions leaving surface reasonably

smooth and uniform.

D. Apply agricultural lime, fertilizer, and superphosphate uniformly and mix with soil (see below*).

E. Continue tillage until a wet-pulverized, firm, reasonably uniform seedbed is

prepared 4” to 6” deep.

F. Seed on a freshly prepared seedbed and cover seed lightly with seeding equipment or cultipack after seeding.

G. Mulch immediately after seeding and anchor mulch. Coir matting is required in

lieu of mulch on all slopes 3:1 or steeper.

H. Inspect all seeded areas and make necessary repairs and re-seed within the planting season, if possible. If stand should be over 60% damaged reestablish following original lime, fertilizer and seeding rates.

I. *Apply:

1. Agricultural Limestone – 2,000 lbs./acre 2. Fertilizer – 8,000-1,200 lbs./acre (10-10-10) 3. Mulch – 4,000-5,000 lbs./acre (small grain straw) 4. Anchor – asphalt emulsion at 400 gal./acre



J. Consult the State Erosion Control Engineer or the Natural Resources

Conservation Service for additional information concerning other alternatives for vegetation of denuded areas. The vegetation rates listed on the Plans and these Construction Specifications are those which do well under local conditions, other seeding rate combinations are possible; however, only with prior written approval obtained from the Engineer.

K. ***Temporary – Reseed according to optimum season for desired permanent

vegetation. Do not allow temporary cover to grow over 12” in height before mowing, otherwise fescue may be shaded out.

L. The Contractor shall maintain seeded areas in a satisfactory condition until final

acceptance of the project. Areas of damage or failure due to any cause shall be corrected by being repaired or by being completely redone as may be directed by the Engineer. Damage or failure resulting from poor seed, the Contractor’s operation, or his failure to provide erosion control shall be repaired or replaced at the Contractor’s expense.

M. The Contractor shall maintain adequate drainage on the project at all times. In the

event water pockets are formed, they shall be drained by the Contractor and all wet and unstable material shall be removed and disposed of and the area backfilled and compacted with suitable material. Such remedial work caused by the failure of the Contractor to keep the area adequately drained shall be performed at his expense.

3.08 Judgement by the Engineer of satisfactory turf establishment shall be made on the basis

that a vegetative cover in accordance with the permanent seeding specifications shall be established on all disturbed areas sufficient to restrain accelerated erosion.


EROSION CONTROL 03000-1


TECHNICAL SPECIFICATIONS SECTION 03000 – EROSION CONTROL_______________________________________ PART 1 - GENERAL 1.1 RELATED WORK IN OTHER SECTIONS:

A. The Drawings and provisions of the General Conditions, Technical Specifications, and Special Provisions are included as a part of this Section as though bound herein.

1.2 DESCRIPTION OF WORK:

A. The work shown on the Drawings and specified herein shall constitute the erosion control plan for this project in conformance with the Sedimentation Pollution Control Act of 1973, including subsequent amendments. The erosion control plan shown is based on the anticipated construction methods and sequence, and includes the permanent and temporary measures as required. The Contractor shall provide any other measures as may be required to prevent erosion as a result of construction activity at the site.

B. This section covers the furnishing of materials, labor, and equipment necessary to minimize erosion, siltation, and pollution on the project or projects covered by these Construction Specifications.

C. Temporary erosion control measures shall include, but not be limited to, coffer

dams, diversion ditches, silt fences, rip rap, grass, mulches, mats, fabric, netting, construction entrances, pump around, temporary stream crossing, or any other methods or devices that are necessary to control or restrict erosion. Temporary erosion control measures may include work outside the right-of-way or construction limits where such work is necessary as a result of construction such as borrow pit operations, haul roads, plant sites, equipment storage sites, and disposal of waste or debris. The Contractor shall be liable for all damages to public or private property caused by silting or slides originating in areas used by the Contractor.

1.3 CONTRACTOR'S RESPONSIBILITY

A. Contractor shall be responsible for installing and maintaining erosion control devices as required to function properly and to satisfy the representatives of the North Carolina Land Quality Section, Division of Land Resources, Department of Environment, Health, and Natural Resources, and the Engineer. This includes maintaining runoff from the construction site(s) in compliance with General Stormwater NPDES Permit No. NCG010000.



B. To insure that the project is in compliance with the regulations, the Contractor shall perform a complete site inspection of the erosion control measures every week and when rainfall occurs on site (within no more than 24 hours of the event). Required corrective/maintenance measures shall be noted and implemented immediately. Document inspections and provide documentation to Engineer’s Project Representative weekly.

C. Time delays experienced due to a shutdown by the N. C. Land Quality Section or

due to unanticipated corrective work will not receive any time extensions on the contract.

D. Contractor shall maintain a rain gauge on site and record daily rainfall amounts. E. Contractor shall maintain the “DWQ-DEMLR Monitoring Form” attached to the

end of this Section to document inspection and monitoring requirements. 1.4 QUALITY ASSURANCE A. Codes and Standards: 1. All construction activities required under this project shall comply with the

North Carolina Sedimentation Pollution Control Act of 1973, subsequent amendments, and the rules and regulations promulgated pursuant to the provisions of that law.

2. All construction activities shall also comply with NCDOT Standard Specifications for Roads and Structures, Latest Edition.

B In the event of conflict between the regulations listed above and the requirements

of these Specifications, the more restrictive requirements shall apply. 1.5 SUBMITTALS

A. Materials and facilities for temporary erosion control measures shall have been approved by the Engineer before being used. Any facilities or materials different from those shown on the Drawings or specified herein shall be submitted to the Engineer for approval.

B. Product Data: Submit manufacturer's technical data and material samples for silt

fence fabrics, ditch liner, filter cloth, matting for silt fence fabrics, and other manufactured materials, if requested.

C. Material Certificates: Submit material certificates signed by manufacturer and

Contractor certifying specification compliance for posts, woven wire, filter stone, rip rap, and other products, if requested.



D. Drawings: Submit scaled drawings of changes in facilities shown on Drawings

and additional facilities proposed by Contractor. 1.6 GENERAL CONSTRUCTION SEQUENCE

A. Confirm locations of and construct or install gravel construction entrances, silt fences, silt fence stone filter outlets, diversion ditches, and drop inlet protection as indicated on the drawings. Install all other necessary erosion control measures whether or not indicated on the drawings in accordance with the specifications. Call for an inspection by the NCDEQ Inspector.

B. Where appropriate, clear, grub, and strip topsoil to limits required for

construction. Legally dispose of waste materials.

C. Begin excavation and grading activities after all required erosion control measures have been installed and approved.

D. Stockpiled fill material shall be protected from sedimentation and runoff. E. Begin construction and installation of infrastructure and permanent erosion

control protection. F. Backfill and establish finish grades as quickly as possible after infrastructure has

been installed. G. Establish permanent soil vegetation after earth work has been completed. H. All erosion and sedimentation control measures shall be inspected weekly and

after each significant rainfall. Needed repairs shall be made immediately.

I. Ground cover shall be established on all slopes following completion of grading on each phase of the work. After ground cover is well established and the sites are stabilized, return to the site and remove all temporary measures including silt fences, diversion ditches, skimmer basins, and all other measures. Install permanent vegetation to all areas disturbed by the temporary measures.

1. Within 14 days unless otherwise noted.

2. Perimeter dikes, swales, ditches, slopes and high quality water (HQW)

zones: within 7 days.

3. Side slopes steeper than 3:1 (H:V): within 7 days unless 10 feet or shorter in length and not steeper than 2:1 side slopes, then within 14 days.



4. Side slopes between 3:1 and 4:1 and greater than 50 feet in length: within

7 days.

J. Remove erosion control measures and restore areas affected by measures within 30 days after Engineer has determined that final site stabilization is acceptable.

PART 2 – PRODUCTS 2.1 SEEDING and MULCHING MATERIALS shall conform to the requirements of the

Plans and Section 02480 – Seeding and Mulching of these Construction Specifications. 2.2. RIPRAP, WASHED STONE, and GEOTEXTILE FABRIC shall conform to the

requirements of the Plans and Special Provisions. 2.3 SILT FENCING and other temporary erosion control measures shall conform to the

details shown on the Plans. 2.4 STONE used for sediment control shall comply with NCDOT Standard Specifications

Section 1005 – General Requirements for Aggregate. 2.5 STONE used for erosion control shall comply with NCDOT Standard Specifications

Section 1610 – Stone for Erosion Control. 2.6 EROSION CONTROL MATTING (FOR LOCATIONS OTHER THAN STREAM

BANKS)

A. Straw with Net Lining:

1. Straw fiber matrix sewn between two photo-degradable nets.

2. Wire staples machine made of No. 11 gage new steel wire formed into a “U” shape; not less than 6 inches long with not less than a 1 inch wide throat.

B. Curled Wood Mat:

1. Machine-produced mat of curled wood excelsior fibers, 80 percent of which are 6 inches or longer in length, evenly distributed over the entire area of the mat, with one side of the mat covered with a 1 inch by 1 inch photo-degradable extruded plastic mesh; mats minimum 47 inch width and weigh 0.975 pounds per square yard ±10 percent.



2. Wire staples machine made of No. 11 gage new steel wire formed into a “U” shape; not less than 6 inches long with not less than a 1 inch wide throat.

C. Synthetic Mat:

1. Machine-produced mat of 100 percent UV stabilized polypropylene fibers. Top side of mat with netting of approximately 0.5 inch by 0.5 inch mesh size; bottom side of mat with netting of approximately 0.625 inch by 0.625 inch mesh size; mats sewn together with thread stitched on approximate 1.5 inch centers.

2. Wire staples machine made of No. 11 gage new steel wire formed into a

U-shape; not less than 6 inches long with not less than a 1 inch wide throat.

D. Coir Matting 1. The erosion control matting shall be a machine produced mat of 100%

coconut fiber with the following properties: Matrix 100% Coconut Fiber Weight 20 oz/SY (678 gm/m2) Tensile Strength 1348x626 lb/ft min. (1650.5x766.5 kg/m) Elongation 34% x 38% Open Area (Measured) 50% Thickness 0.30 in min. (7.6 mm) Flexibility (mg-cm) 65030 x 29590 Recommended Flow 11 feet/second (3.35 m/s) Size 6.6 x 164 ft (120 SY) or (100 SM) “C” Factor 0.002 2. Stakes shall be wooden stakes 12 inches (300 mm) in length with a notch

cut 1 inch (25 mm) from the top. Hardwood “Eco-stakes” or similar biodegradable stakes may be substituted with the approval of the engineer.

2.7 WATTLE

A. Wattle shall meet the following specifications:

100% Curled Wood (Excelsior) Fibers Minimum Diameter 12 in. Minimum Density 2.5 lb/ft3 +/-10% Net Material Synthetic Net Openings 1 in. x 1 in. Net Configuration Totally Encased



Minimum Weight 20 lb. +/-10% per 10 ft. length

B. Anchors: Stakes shall be used as anchors. Provide hardwood stakes a minimum of 2-ft. long with a 2 in. x 2 in. nominal square cross section. One end of the stake must be sharpened or beveled to facilitate driving down into the underlying soil.

C. Matting shall meet the requirements of section 1060-8 of the NCDOT Standard Specifications, or shall meet specifications provided elsewhere in this contract.

D. Provide staples made of 0.125" diameter new steel wire formed into a U shape not less than 12" in length with a throat of 1" in width.

2.8 COMPOST SOCK

A. Compost used for compost filter sock filler material (filter media) shall be weed free and derived from a well-decomposed source of organic matter. The compost shall be produced using an aerobic composting process meeting CFR 503 regulations including time and temperature data. The compost shall be free of any refuse, contaminants or other materials toxic to plant growth. Non-composted products will not be accepted. Test methods for the items below should follow US Composting Council Test Methods for the Examination of Composting and Compost guidelines for laboratory procedures:

1. pH – 5.0-8.0 in accordance with TMECC 04.11-A, “Electrometric pH Determinations for Compost”

2. Particle size – 99% passing a 2 inch (50mm) sieve and 30-50% passing a 3/8 inch (9.5mm) sieve, in accordance with TMECC 02.02-B, “Sample Sieving for Aggregate Size Classification.” (Note – In the field, product commonly is between 1/2 inch [12.5mm] and 2 inch [50mm] particle size).

3. Moisture content of less than 60% in accordance with standardized test methods for moisture determination.

4. Material shall be relatively free (<1% by dry weight) of inert or foreign man made materials.

5. A sample shall be submitted to the Engineer for approval prior to being used and must comply with all local, state, and federal regulations.

6. pH – 5.0-8.0 in accordance with TMECC 04.11-A, “Electrometric pH Determinations for Compost”

7. Particle size – 99% passing a 2 inch (50mm) sieve and 30-50% passing a 3/8 inch (9.5mm) sieve, in accordance with TMECC 02.02-B, “Sample



Sieving for Aggregate Size Classification.” (Note – In the field, product commonly is between 1/2 inch [12.5mm] and 2 inch [50mm] particle size).

8. Moisture content of less than 60% in accordance with standardized test methods for moisture determination.

9. Material shall be relatively free (<1% by dry weight) of inert or foreign man made materials.

10. A sample shall be submitted to the Engineer for approval prior to being used and must comply with all local, state, and federal regulations.

2.9 TEMPORARY PUMP AROUND – SEE SPECIAL PROVISIONS

PART 3 – EXECUTION 3.1 GENERAL

A. The Contractor shall take whatever measures are necessary to minimize soil

erosion and siltation and water, air, and noise pollution caused by his operations. The Contractor shall also comply with the applicable regulations of all legally constituted authorities relating to pollution prevention and control. The Contractor shall keep himself fully informed of all such regulations which in any way affect the conduct of the work and shall at all times observe and comply with all such regulations. In the event of conflict between such regulations and the requirements of the Specifications, the more restrictive requirements shall apply.

B. The Contractor shall exercise every reasonable precaution throughout the life of

the project to prevent the eroding of soil and the silting of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces, or other property.

C. The Contractor shall preform all streambank excavation from outside the active

channel whenever possible. All disturbed streambank must be stabilized with seeding, mulch and erosion control matting by the end of each workday.

D. Prior to suspension of operations on the project or any portion thereof, the

Contractor shall take all necessary measures to protect the construction area, including but not limited to, borrow sources, soil type base course sources, and waste areas, from erosion during the period of suspension.

E. Install temporary and permanent erosion control measures in accordance with

these Specifications and with the NCDOT Standard Specifications for Roads and Structures, Latest Edition.



F. Permanent or temporary soil stabilization, which includes seeding, mulching, or

ground cover sufficient to restrain erosion, must be applied to portions of the disturbed area in accordance with the plans.

G. Clean sediment transported onto public roads at the end of each day. Sediment

shall be removed by shoveling or sweeping and be transported to a controlled disposal area. Street washing shall be allowed after sediment is removed in this manner.

H. Temporary and permanent erosion control measures shall be provided as shown

on the Plans or as directed by the Engineer. Temporary sediment control devices must be installed to the extent possible prior to initiation of grading and excavation. The devices must be maintained at a minimum of 50% of the original sediment storage capacity and may not be removed until the areas they serve have been stabilized. Temporary erosion control measures shall include, but not be limited to, the use of temporary berms, dikes, drainage ditches, silt basins, silt ditches, slope drains, structures, stone check dams, vegetation, mulches, mats, netting, gravel, or other necessary methods. Temporary erosion control may include work outside the construction limits.

I. Protected areas shall be stabilized permanently prior to removal of protective

devices. J. The contractor shall prevent live or fresh concrete from coming into contact with

surface waters until the concrete has hardened. 3.3 WATER AND AIR POLLUTION

A. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution of rivers, streams, and water impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful waste shall not be discharged into or alongside of rivers, streams, or impoundments, or into natural or manmade channels leading thereto.

B. The Contractor shall comply with all state and local air pollution regulations

throughout the life of the project.

C. Dust Control: The Contractor shall control dust throughout the life of the project within the project area and at all other areas affected by the construction of the project, including, but not specifically limited to, unpaved secondary roads, haul roads, access roads, disposal sites, borrow and material sources, and production sites. Dust control shall not be considered effective where the amount of dust



creates a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property.

D. Noise Control: The Contractor shall exercise every reasonable precaution

throughout the life of the project to prevent excessive and unnecessary noise. The Contractor shall choose his methods so as to minimize the disturbance of area residents.

3.4 PERMANENT EROSION CONTROL MEASURES

A. Grass: See Special Provisions. 3.5 MONITORING AND MAINTENANCE PLAN

A. All erosion control measures shall be inspected weekly and within 24 hours after each rainfall totaling 0.5 inches over any 24-hour period. All needed repairs shall be made immediately to prevent further damage and erosion. Utilize the inspection record form attached at the end of this Section to document monitoring activities and corrective actions taken. These records shall be provided to the Owner and Engineer on a monthly basis. Structures and measures that shall be inspected include:

1. Seeding, Fertilizing, and Mulching: Seeded areas shall be inspected for

failure and necessary repairs shall be made within the same season. 2. Gravel Construction Entrance: Maintain the gravel pad in a

condition to prevent mud or sediment from leaving the construction site. This may require periodic topdressing with 2-inch stone.

3. Silt Fence: Any fabric which collapses, tears, decomposes, or becomes

ineffective will be replaced immediately. Remove sediment deposits behind fence when sediment accumulates to 6 inches.

4. Silt Fence Stone Filter Outlet and Rock Pipe Inlet Protection: Inspect for

significant erosion around the edges and between dams. Install protective rip rap liners in portions of the channel where erosion occurs. Remove sediment accumulated behind the dams as required to prevent damage to channel vegetation. Add stones to dams as required to maintain design height and cross section.

5. Skimmer Basin: Remove sediment and restore the basin to its original

dimensions when sediment accumulates to one-half the height of the first baffle. Inspect the fabric lined spillway for damage and make any required



repairs with fabric that spans the full width of the spillway. Check the embankment, spillways, and outlet for erosion damage and make all necessary repairs immediately. Clean the skimmer immediately if the skimmer, orifice, skimmer arm, or barrel pipe becomes clogged.

6. Stockpiles: Stockpiles shall be checked for sedimentation and

stabilization. 7. Diversion Ditch: Inspect for any erosion on the ridge and in the flow

areas. Remove sediment when sediment accumulates to 4 inches. 8. Pump Around: Routinely inspect the bypass pump and temporary piping to

ensure proper function. Inspect impervious check dam for any leaking and repair any damage found immediately. Inspect temporary pipe outlet area for any erosion and repair any erosion found.

9. Drop Inlet Protection: Any fabric which collapses, tears, decomposes, or

becomes ineffective will be replaced immediately. Remove sediment deposits behind fence when sediment accumulates to 6 inches.

10. Rock Outlet Protection: Inspect weekly and after a 0.5-inch or greater

rainfall to see if any erosion around below the rip rap has taken place or if stones have been dislodged. Repair immediately.

11. Erosion Control Matting: Monitor and repair matting as necessary until

ground cover is established. Matting shall remain in close contact with ground.

12. Compost Sock: Inspect compost socks weekly and after each significant rainfall event (1/2 inch or greater). Remove accumulated sediment and any debris. The compost sock must be replaced if clogged or torn. If ponding becomes excessive, the sock may need to be replaced with a larger diameter or a different measure. The sock needs to be reinstalled if undermined or dislodged. The compost sock shall be inspected until land disturbance is complete and the area above the measure has been permanently stabilized.


DWQ-DEMLR Monitoring Form DEMLRDWQ Form Rev. 04292013 Page 11 of 12

*For a digital copy of this form and other information, see http://portal.ncdenr.org/web/wq/ws/su/construction or http://portal.ncdenr.org/web/lr/erosion

INSPECTION AND MONITORING RECORDS FOR ACTIVITIES UNDER STORMWATER GENERAL PERMIT NCG010000 AND SELF-INSPECTION RECORDS FOR LAND DISTURBING ACTIVITIES PER G.S. 113A-54.1

Project Name Project #

Financially Responsible Party (Permittee)

County

Name of Inspector Company

Address

Phone Number Email Address

PART 1A: Rainfall Data.

Day / Date Rain Amt (in) Initials Notes:

Daily Rainfall Required. Except for Holidays or Weekends. If no rain, indicate with a “zero”

M T W Th F Sat (Optional) Sun (Optional)

PART 1B: Current Phase of Project

Phase of Grading check the applicable box(es) X Comments

Installation of perimeter erosion and sediment control measures

Clearing and grubbing of existing ground cover

Completion of any phase of grading of slopes or fills - describe

Installation of storm drainage facilities

Completion of all land-disturbing activity, construction or development

Permanent ground cover sufficient to restrain erosion has been established

PART 1C: Signatures By this signature, I certify in accordance with the NCG010000 permit & G.S. 113A-54.1 that this report is accurate

and complete to the best of my knowledge. Landowner or Financially Responsible Party (Permittee) or Agent (Designee)

Date

GROUND STABILIZATION TIMEFRAMES Site Area Description Stabilization Timeframe Exceptions

Perimeter dikes, swales and slopes 7 Days None High Quality Water (HQW) Zones 7 Days None Slopes Steeper than 3:1 7 Days If slopes are 10’ or less in length and are not steeper

than 2:1, 14 days are allowed Slopes 4:1 or flatter 14 Days 7 days for slopes greater than 50’ in length All other areas with slopes flatter than 4:1 14 Days None, except for perimeters and HQW Zones

http://portal.ncdenr.org/web/wq/ws/su/construction

http://portal.ncdenr.org/web/lr/erosion

DWQ-DEMLR Monitoring Form DEMLRDWQ Form Rev. 04292013 Page 12 of 12

*For a digital copy of this form and other information, see http://portal.ncdenr.org/web/wq/ws/su/construction or http://portal.ncdenr.org/web/lr/erosion

PART 2A: EROSION AND SEDIMENTATION CONTROL MEASURES: Measures must be inspected at least ONCE PER 7 CALENDAR DAYS AND WITHIN 24 HOURS OF A RAINFALL EVENT GREATER THAN 0.5 INCH PER 24 HOUR PERIOD. Erosion and Sedimentation Control Measures Inspected

Inspection Date

Describe Actions Needed

Corrective actions should be performed as soon as possible and before the next storm event

Corrected

Date Name/Number/

Location of

Measure (List all

measures on Plan)

Operating Properly?

(Y/N)

Any Repair or

Maintenance Needed?

(Y/N)

New Measures Installed * Proposed

Dimensions (ft.)

Actual Dimensions

(ft.)

Significant Deviation from

Plan? (Y/N)

*New erosion and sedimentation control measures installed since the last inspection should be documented here or by initialing and dating each measure or practice shown on a copy of the approved erosion and sedimentation control plan. PART 2B: STORMWATER DISCHARGE OUTFALLS (SDOs): SDOs must be inspected at least ONCE PER 7 CALENDAR DAYS AND WITHIN 24 HOURS OF A RAINFALL EVENT GREATER THAN 0.5 INCH PER 24 HOUR PERIOD. Stormwater Discharge Outfalls Inspected

Inspection Date

Report Visible Sedimentation to streams or wetlands to

DWQ within 24 Hours http://portal.ncdenr.org/web/wq/ Describe Actions Needed

Corrective actions should be performed as soon as possible and before the next storm event

Corrected

Date Stormwater Discharge

Outfall ID or

Location

Any Visible Sedimentation

in Streams, Wetlands or Outside Site Limits? (Y/N)

Any Increase in Stream Turbidity

from Discharge?

(Y/N)

Any Visible Erosion below SDO? (Y/N)

Any visible oil sheen, floating or

suspended solids or discoloration? (Y/N)

PART 2C: GROUND STABILIZATION Must be recorded after each Phase of Grading Area Where Temporary or Permanent Ground

Cover is Required

Date Land-Disturbance Stopped or Completed

Time Limit for Ground Cover

7 days or 14 days

Is Ground Cover Sufficient to

Restrain Erosion? (Y/N)

Inspection

Date

Describe Actions Needed

Corrected Date

http://portal.ncdenr.org/web/wq/ws/su/construction

http://portal.ncdenr.org/web/lr/erosion

CONSTRUCTION TRAFFIC CONTROL 04000-1

Springside Culvert Replacement Technical Specifications Village of Clemmons April 2019

TECHNICAL SPECIFICATIONS

SECTION 04000 – CONSTRUCTION TRAFFIC CONTROL

PART 1 - GENERAL

A. The work covered by this section consists of furnishing, erecting, maintaining,

relocating, and removing traffic control devices in accordance with the Contract

Documents as well as the latest versions of the NCDOT “Standard Specifications for

Roads and Structures, January 2012,” NCDOT “Roadway Standard Drawings

Manual, January 2012,” MUTCD, NCDOT Supplement to the MUTCD, or as

directed by the Inspector.

B. All traffic control devices furnished by the Contractor shall remain the property of

the Contractor, unless otherwise specified by the contract. Traffic control devices

shall include, but are not limited to signs, drums, barricades, barriers, electronic

variable message boards, cones, delineators, flashing arrow panels, temporary

guardrails, temporary concrete median barriers, vehicle-mounted temporary impact

attenuators, pavement markings, raised reflective pavement markers, NCDOT

Certified flaggers, and pilot vehicles.

PART 2 - MATERIALS - GENERAL

A. Unless otherwise required, materials used in the fabrication and installation of

construction traffic control devices shall be in accordance with the applicable

provisions of the MUTCD. When traffic control devices are no longer required for

traffic handling in the initial phase of construction requiring their use, they may be

reused at various locations throughout the project provided the device is not defaced,

is structurally sound, clean and otherwise conforms to the above requirements.

B. All enclosed lens (Engineer's Grade) sheeting required for use on traffic control

devices shall have an identification mark on the surface. This mark signifies that the

sheeting meets the requirements of Federal Specification L-S-300C for Minimum

Reflectivity 1 Sheeting and Tape. The identification mark shall not interfere with

the function of the device, but shall be visible both day and under illumination at

night without the use of special devices. No work on the project shall start until all

the traffic control devices required for the particular work activity are inspected and

approved by the Engineer.

C. Traffic control devices which do not meet the requirements of this section shall not

be used. If a device ceases to meet the requirements of this section during the

project, it shall be promptly removed and replaced with a conforming device at no

additional compensation. The Engineer shall have the authority to determine the

acceptability of the traffic control devices.



PART 3 - CONSTRUCTION METHODS - GENERAL

A. Existing public streets or highways shall be kept open to traffic at all times by the

Contractor unless permission to close these streets, or portions thereof, is granted by

the Village of Clemmons. The Engineer may request that the Contractor make

additional notifications to property owners.

B. Traffic control devices shall be installed at the inception of construction operations,

and shall be properly maintained, relocated as necessary, cleaned, and operated

during the time they are in use. They shall remain in place only as long as they are

needed and shall be immediately removed thereafter. Where operations are

performed in stages, only those devices that apply to the conditions present shall be

left in place.

C. The location, legends, sheeting, dimension, number of supports, and horizontal and

vertical placement of warning signs, barricades, and other traffic control devices

shall be as required by the plans or the MUTCD or as directed by the Engineer. The

Contractor may submit for the Engineer's consideration a method for handling traffic

other than as shown on the plans. The alternate traffic control plans shall not be

used until they are approved in writing by the Engineer. During periods when not

warranted, warning signs and other devices shall be removed from the work area,

covered with specified material, or otherwise positioned so that they do not convey

their message to the traveling public. If covered, the covering material shall be

exterior plywood and shall cover the entire face of the sign panel. The covering

material shall be installed in such a manner that the sign panel will not be defaced.

Non-metal washers or other spacing devices shall be used to keep the plywood

covering material from direct contact with the sign panel. Covering material shall

be maintained in a neat manner during its use.

D. Weeds, brush, trees, construction materials, equipment, etc. shall not be allowed to

obscure any traffic control device in use. There will be no separate compensation

for any trimming or cutting required for this purpose.

E. Competent and properly trained flaggers, properly attired and equipped, shall be

provided in accordance with MUTCD standards and when directed by the Engineer

or Inspector or when the Contractor deems it necessary to safely handle traffic

through the construction zone.

F. The Contractor shall assume full responsibility for the continuous and expeditious

maintenance of all construction warning signs, barricades, and other traffic control

devices which in the opinion of the Engineer are damaged by traffic or other means

or deteriorated beyond effectiveness. Conditions covered under maintenance shall

include but not be limited to replacement due to loss of reflectivity; replacement of

broken supports; plumbing of leaning signs; cleaning of dirty signs, barricades, and

other devices; repair of defaced sheeting and legend; and replacement of stolen or



vandalized items. All items used for traffic control shall be maintained in a

satisfactory condition. Failure to maintain all traffic control devices in a satisfactory

condition may be cause for suspension of construction operations until proper traffic

control is re-established.

G. The Contractor shall follow the construction procedure and maintenance of traffic as

shown on the Traffic Control Plan, unless a more workable plan is agreed to by the

Engineer prior to or during the execution of the work. The Contractor shall

complete each construction phase in the sequence shown if phasing is specified.

H. Work on the project shall not start until all the traffic control devices required for

the particular work activity have been inspected and approved by the Engineer.

I. The Contractor shall continuously review and maintain all traffic control measures

to assure that adequate provisions have been made for the safety of the public and

workers.

J. The Contractor shall furnish a material certification for all new and used reflective

sheeting.


GABION BASKETS AND RENO MATTRESSES 05000-1


TECHNICAL SPECIFICATIONS SECTION 05000 – GABION BASKETS AND RENO MATTRESSES PART 1 - GENERAL 1.01 DESCRIPTION OF WORK

A. Work covered in this special provision shall include furnishing, assembling, filling and backfilling PVC-coated woven galvanized wire mesh gabion baskets and/or Reno mattresses with rock as specified to the dimensions, lines and grades shown on the plans, or as determined by the Engineer. Work covered by this special provision includes, but is not limited to, excavation; furnishing and placing geotextile fabric; furnishing, assembling and placing wire mesh baskets and mattresses; furnishing stone material; filling baskets and mattresses with stone material; and backfilling in accordance with the provisions of these specifications and in accordance with the requirements as directed by the Engineer.

B. Gabions and Reno mattresses shall consist of rectangular wire mesh formed containers

filled with rock and shall be furnished as baskets or mattresses as shown on the Drawings. Gabion and mattress mesh shall be woven mesh consisting of non-raveling, double twisted, hexagonal wire mesh as per ASTM A975-97.

1.02 RELATED WORK IN OTHER SECTIONS

The Drawings and provisions of the General Conditions, Technical Specifications, and Special Provisions are included as a part of this Section as though bound herein. PART 2 - MATERIALS 2.01 Submittals Submit manufacturer’s product data including installation instructions and manufacturer’s shop drawings including section layout. 2.02 Materials

A. Reference Standards (America Society For Testing and Materials) ASTM latest edition:

1. ASTM A313 / A313M - 10e1 Standard Specification for Stainless Steel Spring Wire 2. ASTM A370 - 10 Standard Test Methods and Definitions for Mechanical Testing of

Steel Product 3. ASTM A641 / A641M - 09a Standard Specification for Zinc-Coated (Galvanized)

Carbon Steel Wire 4. ASTM A764 - 07 Standard Specification for Metallic Coated Carbon Steel Wire,

Coated at Size and Drawn to Size for Mechanical Springs 5. ASTM A975 - 97(2003) Standard Specification for Double-Twisted Hexagonal Mesh

Gabions and Revet Mattresses (Metallic-Coated Steel Wire or Metallic-Coated Steel Wire With Poly(Vinyl Chloride) (PVC) Coating)



6. ASTM B117 - 09 Standard Practice for Operating Salt Spray (Fog) Apparatus 7. ASTM D412 - 06ae2 Standard Test Methods for Vulcanized Rubber and

Thermoplastic Elastomers—Tension 8. ASTM D746 - 07 Standard Test Method for Brittleness Temperature of Plastics and

Elastomers by Impact 9. ASTM D792 - 08 Standard Test Methods for Density and Specific Gravity (Relative

Density) of Plastics by Displacement 10. ASTM D2240 - 05(2010) Standard Test Method for Rubber Property-Durometer

Hardness

B. Wire (Zinc Coated): all tests on the wire mesh must be performed prior to manufacturing the mesh.

1. Tensile strength: both the wire used for the manufacture of gabions and the selvedge

wire, shall have a tensile strength of 54,000 to 75,000 psi, in accordance with ASTM A641-09a (latest revision).

2. Elongations: the test must be carried out on a sample at least 12 in. long. Elongation shall not be less than 12% in accordance with ASTM A370-10.

3. Zinc Coating: minimum quantities of zinc according to ASTM A641-09a, Class III soft temper coating.

4. Adhesion of zinc coating: the adhesion of the zinc coating to the wire shall be such that, when the wire is wrapped six turns around a mandrel having four times the diameter of the wire, it does not flake or crack when rubbing it with the bare fingers, in accordance with ASTM A641-09a.

5. Use wire that complies with ASTM A975-97, style 3 coating, galvanized and PVC coated steel wire.

C. Polyvinyl Chloride (PVC) Coating:

1. Specific gravity: 81-84 pcf in accordance with ASTM D792-08 Table 1 2. Hardness: between 50 and 60 Shore D, according to ASTM D2240-05 (2010) 3. Tensile strength: not less than 2,985 psi, ASTM D412-06ae2 4. Modulus of elasticity: not less than 2,700 psi, ASTM D412-06ae2 (latest revision) 5. Abrasion Resistance: the percentage of the weight loss shall be less than 12%

according to ASTM D (latest revision). 6. Creeping corrosion: Max penetration of corrosion of the wire form a square cut end

shall be less than 1 in. when the specimen has been immersed for 2,000 hrs in a 50% solution HCl.

7. Salt spray test: test period 3,000 hours, test method ASTM B117-09. 8. Exposure to UV rays: test period 3,000 hours at 145ºF 9. Brittleness Temperature: no higher than 15 º F or lower temperature when specified by

the purchase, when tested in accordance with ASTM D746M-02 (2007). D. Galvanized and PVC coating wire mesh Gabions and Reno mattresses (6 x 8 mesh type):

1. Mesh Wire: Diameter – 0.087” internal, 0.127” external



2. Selvedge Wire: Diameter – 0.106” internal, 0.146” external 3. Mesh Opening: Nominal Dimension D=2.5 inch opening between wrapped wire. 4. Galvanized (zinc coated) and PVC coating lacing wire and internal stiffeners:

i. Lacing Wire: Diameter – 0.087in.

ii. Cross tie/stiffener wire: Diameter – 0.087 in. iii. Preformed Stiffener: Diameter – 0.153 in. internal

E. Steel Mesh Properties:

1. Mesh Tensile Strength shall have a minimum strength of 3,500 lb/ft when tested in

accordance with ASTM A975 section 13.1.1. 2. Punch Test Resistance shall have a minimum resistance of 6,000 lb when tested in

accordance with ASTM A975 section 13.1.4. 3. Connection to selvedges shall have a minimum resistance of 1,400 lb/ft when tested in

accordance with ASTM A975.

F. Overlapping Fasteners:

1. Overlapping stainless steel fasteners may be used in lieu of selvedge wire for basket assembly and installation. The spacing of the fasteners during all phases of the assembly and installation shall be in accordance with spacing based on 1,400 lb/ft pull apart resistance for galvanized mesh when tested in accordance with ASTM A975 section 13.1.2, with a nominal spacing of 4 inches, and not to exceed 6 inches.

2. Overlapping stainless steel fasteners may be used in lieu of selvedge wire for basket assembly and installation. The spacing of the fasteners during all phases of the assembly and installation shall be in accordance with spacing based on 1,200 lbs. pull apart resistance for PVC coated mesh and with a nominal spacing of 4 inches, and not to exceed 6 inches.

G. Stainless Steel Galvanized Fasteners: Diameter 0.120inch, according to ASTM A313,

Type 302 Class I.

1. Tensile strength: 230,000 to 273,000 psi in accordance with ASTM A764-07.

H. Proper installation of rings: A properly formed hog ring fastener shall have a nominal overlap of one (1) inch after closure

I. Tolerances:

1. Wire: Zinc coating, in accordance with ASTM A641-09a, Class III soft temper coating 2. Gabion and Reno Mattress sizes: +/- 5% on the length, width, and height. 3. Mesh opening: Tolerances on the hexagonal, double twisted wire mesh opening shall

not exceed +/- 10% on the nominal D values.



J. Rock Fill: The rock for gabions and Reno mattresses shall conform to Section 1042 of the NCDOT Standard Specifications for Roads and Structures. Gabion and Reno Mattress rocks shall be NCDOT aggregate between 4 inches and 8 inches. The range in sizes may allow for a variation of 5% oversize and/or 5% undersize rock, provided it is not placed on the gabion exposed surface.

K. Geotextile Fabrics: Geotextile fabrics shall be Type 2, per Section 1056 of the NCDOT

Standard Specifications for Roads and Structures. L. Bedding Stone: Bedding stone shall meet the requirements of section 1016 Select

Materials Class VI of the NCDOT Standard Specifications for Roads and Structures.

PART 3 - FABRICATION

A. Gabions and Reno mattresses shall be manufactured and shipped with all components mechanically connected at the production facility. The front, base, back and lid of the gabions shall be woven into a single unit. The ends and diaphragm(s) shall be factory connected to the base. All perimeter edges of the mesh forming the basket and top, or lid, shall be selvedge with wire having a larger diameter.

B. The gabion and Reno mattress is divided into cells by means of diaphragms positioned at

approximately 3 foot centers. The diaphragms shall be secured in position to the base so that no additional lacing is necessary at the jobsite.

PART 4 - CONSTRUCTION METHODS

A. Foundation Preparation:

1. Excavate area to receive gabions and Reno mattresses to elevations as called for on the drawings.

2. Maintain the foundation in a dry condition.

3. Install the Geotextile fabric in accordance with Section 1056 of the NCDOT Standard Specifications for Roads and Structures. Geotextile fabrics shall be placed between the gabion baskets or Reno mattresses and the surrounding soil.

B. Assembly: Gabions and Reno mattresses are supplied folded flat and packed in bundles. The units are assembled individually by erecting the sides, ends, and diaphragms, ensuring that all panels are in the correct position, and the tops of all sides are aligned. The four corners shall be connected first, followed by the internal diaphragms to the outside walls. All connections should use lacing wire or fasteners as previously described.

C. Fastening: 1. The procedure for using selvedge wire consists of cutting a sufficient length of wire, and

first looping and/or twisting the lacing wire to the wire mesh. Proceed to lace with



alternating double and single loops through every mesh opening approximately every 6 inches pulling each loop tight and finally securing the end of the lacing wire to the wire mesh by looping and/or twisting.

2. The use of fasteners shall be in accordance with the manufacturer’s recommendations as specified above.

D. Installation: 1. After assembly, the gabion baskets and Reno mattresses are carried to their final position

and are securely joined together along the vertical and top edges of their contact surfaces using the same connecting procedure(s) described above.

2. Stagger the vertical joints between the gabions of adjacent rows and layers by a half of a

cell length.

E. Filling: 1. Baskets and mattresses shall be filled with rock as specified above. During the filling

operation some manual stone placement is required to minimize voids. The rock filling shall be placed in lifts of 12 inches maximum, with a minimum of 2 lifts per gabion or mattress. It is also recommended to slightly overfill the baskets by 1 to 2 inches to allow for settlement of the rock. The exposed faces of vertical structures may be carefully hand placed to give a neat, flat, and compact appearance.

2. The cells shall be filled in stages so that local deformation may be avoided. That is, at no time shall any cell be filled to a depth exceeding 1-foot higher than the adjoining cells. Behind gabion walls, compact the backfill material simultaneously to the same level as the filled gabions. All backfill must be in accordance with SP- Earthwork, Excavation, Unsuitable Materials, and Backfill Materials.

F. Lid Closing: Once the gabions baskets and Reno mattresses are completely full, the lids will be pulled tight until the lid meets the perimeter edges of the basket. A tool such as a lid closer can be used. The lid must then be tightly laced and/or fastened along all edges, ends and tops of diaphragm(s) in the same manner as described earlier.

G. Mesh Cutting and Folding: Where shown on the drawings or otherwise directed by the Engineer, the basket mesh shall be cut, folded and fastened together to suit existing site conditions. The mesh must be cleanly cut and surplus mesh either folded back or overlapped so that it can be securely fastened together with lacing wire or fasteners in the manner described earlier. Any reshaped gabions shall be assembled, installed, filled and closed as specified in the previous sections.

END SECTION 05000

Project No. [Project #] 41000-1 [Project Name]

Appendix

A. Permits 1. US Army Corps of Engineers (USACE)General Permit

Verification 2. USACE Nationwide Permit 3 3. NCDEQ 401 Approval 4. NCDEQ Water Quality General Certification 5. Erosion & Sediment Control Approval Letter 6. Erosion & Sediment Control Certificate of Plan Approval

B. Geotechnical Investigation Report

RODEN REYNOLDS.BRYAN.KENNETH.1263385574

Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2019.03.11 08:48:34 -04'00'

RODEN REYNOLDS.BRYAN.KENNETH.1263385574

Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2019.03.11 08:49:19 -04'00'

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1

NATIONWIDE PERMIT 3 DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS

FEDERAL REGISTER AUTHORIZED MARCH 19, 2017

Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays.

(b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization.

(c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be

2

removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate.

(d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects. Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 32). The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act (Sections 10 and 404)) Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act section 404(f) exemption for maintenance.

3

NATIONWIDE PERMIT GENERAL CONDITIONS The following General Conditions must be followed in order for any authorization by a NWP to be valid:

1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation.

(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.

(c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements.

3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.

4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.

5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.

6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).

4

7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.

8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.

9. Management of Water Flows. To the maximum extent practicable, the pre- construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

10. Fills Within 100-Year Floodplains. The activity must comply with applicable

FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed

on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment

controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides.

13. Removal of Temporary Fills. Temporary fills must be removed in their entirety

and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.

14. Proper Maintenance. Any authorized structure or fill shall be properly

maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization.

15. Single and Complete Project. The activity must be a single and complete

project. The same NWP cannot be used more than once for the same single and complete project.

16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status,

5

unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.

(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status.

(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/.

17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.

18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur.

(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that

http://www.rivers.gov/

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might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs.

(e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required.

(g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively.

19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory

http://www.fws.gov/

http://www.fws.gov/ipac

http://www.nmfs.noaa.gov/pr/species/esa/

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birds or eagles, including whether “incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.

20. Historic Properties. (a) In cases where the district engineer determines that the

activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.

(b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed.

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(d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties.

21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

22. Designated Critical Resource Waters. Critical resource waters include, NOAA-

managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment.

(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.

(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal.

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23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal:

(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site).

(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal.

(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects.

(d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)).

(e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.

(f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.

(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-

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lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation.

(2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)).

(3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation.

(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)).

(5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided.

(6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).

(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs.

(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management.

(i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill

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material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level.

24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety.

25. Water Quality. Where States and authorized Tribes, or EPA where applicable,

have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality.

26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements.

27. Regional and Case-By-Case Conditions. The activity must comply with any

regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination.

28. Use of Multiple Nationwide Permits. The use of more than one NWP for a

single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre.

29. Transfer of Nationwide Permit Verifications. If the permittee sells the property

associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To

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validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.”

(Transferee)

(Date)

30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include:

(a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions;

(b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and

(c) The signature of the permittee certifying the completion of the activity and mitigation.

The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later.

31. Activities Affecting Structures or Works Built by the United States. If an NWP

activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification.

32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre- construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the

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prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either:

(1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or

(2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).

(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information:

(1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use

to authorize the proposed activity; (4) A description of the proposed activity; the activity’s purpose; direct and indirect

adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters.

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Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);

(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate;

(6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.

(7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act;

(8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act;

(9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and

(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project.

(c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and

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supporting materials if the district engineer has established tools and procedures for electronic submittals.

(d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal.

(2) Agency coordination is required for: (i) all NWP activities that require pre- construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes.

(3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.

(4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act.

(5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination.

DISTRICT ENGINEER’S DECISION

1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal

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individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2-acre.

2. When making minimal adverse environmental effects determinations the district

engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site- specific environmental concerns.

3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and

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include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer.

4. If the district engineer determines that the adverse environmental effects of the

proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation.

FURTHER INFORMATION

1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP.

2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law.

3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal

project (see general condition 31).

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DEFINITIONS

Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural.

Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.

Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction.

Direct effects: Effects that are caused by the activity and occur at the same time and place.

Discharge: The term “discharge” means any discharge of dredged or fill material into waters of the United States.

Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a riparian area type that currently exists in the region where the proposed NWP 27 activity is located. Alternatively, an ecological reference may be based on a conceptual model for the aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of the proposed NWP 27 activity. An ecological reference takes into account the range of variation of the aquatic habitat type or riparian area type in the region.

Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area.

Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow.

Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area.

High Tide Line: The line of intersection of the land with the water’s surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm.

Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National

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Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60).

Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility.

Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable.

Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.

Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the acres or linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre- construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities that do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the United States.

Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR part 329.

Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line).

Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing or standing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of “open waters” include rivers, streams, lakes, and ponds.

Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas.

Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the

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primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow.

Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre-construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction notification may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit.

Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions.

Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders, including tribal trust resources.

Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions.

Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area.

Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation.

Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools.

Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.)

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Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat.

Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately.

Single and complete non-linear project: For non-linear projects, the term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility (see definition of “independent utility”). Single and complete non-linear projects may not be “piecemealed” to avoid the limits in an NWP authorization.

Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment.

Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff.

Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed.

Stream channelization: The manipulation of a stream’s course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States.

Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction.

Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water

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surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line.

Tribal lands: Any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.

Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies.

Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems.

Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a wetland is adjacent to a waterbody determined to be a water of the United States, that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of “waterbodies” include streams, rivers, lakes, ponds, and wetlands.

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FINAL 2017 REGIONAL CONDITIONS NOTICE ABOUT WEB LINKS IN THIS DOCUMENT: The web links (both internal to our Wilmington District and any external links to collaborating agencies) in this document are valid at the time of publication. However, the Wilmington District Regulatory Program web page addresses, as with other agency web sites, may change over the timeframe of the five-year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re-direct pages whenever possible, we ask that you report any broken links to us so we can keep the page information current and usable. We apologize in advanced for any broken links that you may encounter, and we ask that you navigate from the Regulatory home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District Corps of Engineers, to the “Permits” section of our web site to find links for pages that cannot be found by clicking directly on the listed web link in this document. Final 2017 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District

1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWP’s during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from the Corps and either NCDMF or NCWRC. 1.2 Trout Waters Moratorium Waters of the United States in the designated trout watersheds of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC, or from the Eastern Band of Cherokee Indians (EBCI) Fisheries and Wildlife Management (FWM) office if the project is located on EBCI trust land. (See Section 2.7 for information on the designated trout watersheds). 1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from the NMFS.

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2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWPs. These waters are: 2.1 Western NC Counties that Drain to Designated Critical Habitat For proposed activities within waters of the United States that require a Pre-Construction Notification (PCN) and are located in the sixteen counties listed below, permittees must provide a copy of the PCN to the U.S. Fish and Wildlife Service (USFWS), 160 Zillicoa Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific notification requirements related to the Endangered Species Act and the below website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson, Jackson, Macon, Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for permittees which provides guidelines on how to review linked websites and maps in order to fulfill NWP General Condition 18 requirements: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/AgencyCoordination/ESA.aspx Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife Service offices listed below or Corps at (910) 251-4633: Asheville U.S. Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly, Davidson, Forsythe and Stokes Counties. U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726

http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/AgencyCoordination/ESA.aspx

http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/AgencyCoordination/ESA.aspx

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Raleigh, NC 27636-3726 Telephone: (919) 856-4520 2.2 Special Designation Waters Prior to the use of any NWP, except NWP 3, that involves a discharge of dredged or fill material in any of the following identified waters and/or adjacent wetlands in North Carolina, permittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). The North Carolina waters and wetlands that require additional notification requirements are: “Outstanding Resource Waters” (ORW) or “High Quality Waters” (HQW) as designated by the North Carolina Environmental Management Commission; “Primary Nursery Areas” (PNA), including inland PNA, as designated by the North Carolina Marine Fisheries Commission and the NCWRC; or wetlands adjacent to these waters. Definitions of ORW, HQW and PNA waters can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and 10C (15A NCAC 02B, 15A NCAC 10C) and at the following World Wide Web page: http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20-%20Environmental%20Quality&lookUpError=15A%20NCAC%20000%20. Surface water classifications for waters in North Carolina can be viewed at the North Carolina Division of Water Resources website or at the following World Wide Web Page: https://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/classifications Permittees who do not have internet access may contact the Corps at (910) 251- 4633. 2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern Non-federal permittees for any NWP in a designated “Area of Environmental Concern” (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA) must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office – 69 Darlington Avenue, Wilmington, NC 28403, (910) 251-4802 or Washington Field Office – 2407 West 5th Street, Washington, NC 27889, (910) 251-4610). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina, permittees must submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). 2.5 Mountain or Piedmont Bogs Prior to the use of any NWP in a Bog, as classified by the North Carolina Wetland Assessment Methodology (NCWAM), permittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). The latest version of NCWAM can be

http://reports.oah.state.nc.us/ncac.asp?folderName=%5CTitle%2015A%20-%20Environmental%20Quality&lookUpError=15A%20NCAC%20000%20

http://reports.oah.state.nc.us/ncac.asp?folderName=%5CTitle%2015A%20-%20Environmental%20Quality&lookUpError=15A%20NCAC%20000%20

https://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/classifications

https://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/classifications

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viewed on the Corps RIBITS (Regulatory In-lieu Fee and Bank Information Tracking System) website or at the following World Wide Web Page: https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO::: 2.6 Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the United States, including wetlands, permittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the 294 designated trout watersheds of North Carolina, the permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to commencing the activity, unless other thresholds are established in the Regional Conditions in Section 4 (Additional Regional Conditions for Specific Nationwide Permits). The permittee shall also provide a copy of the notification to the appropriate NCWRC office, or to the EBCI FWM Office (if the project is located on EBCI trust land), to facilitate the determination of any potential impacts to designated Trout Waters. Notification to the Corps will include a statement with the name of the NCWRC or EBCI FWM biologist contacted, the date of the notification, the location of work, a delineation of wetlands and waters, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and, if applicable, a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Watersheds: NCWRC Contact** Counties that are

entirely within Trout Watersheds*

Counties that are partially within Trout Watersheds*

Mountain Coordinator Balsam Depot 20830 Great Smoky Mountain Expressway Waynesville, NC 28786 Telephone: (828) 558-6011 For NCDOT Projects: NCDOT Coordinator 206 Charter. Street Albemarle, NC 28001 Telephone: (704) 982-9181

Alleghany Ashe Avery Graham Haywood

Jackson Macon Swain Transylvania Watauga

Burke Buncombe Caldwell Cherokee Clay Henderson Madison

McDowell Mitchell Polk Rutherford Surry Wilkes Yancey

https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO

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*NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field Office at (828) 271-7980 or view maps for each County at the following World Wide Web page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout/. **If a project is located on EBCI trust land, submit the PCN in accordance with Section 3.14. Contact the Corps Asheville Regulatory Field Office at (828) 271-7980 with questions. 2.8 Western NC Waters and Corridors The permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to commencing the activity in waters of the United States if the activity will occur within any of the following identified waters in western North Carolina, within 0.5 mile on either side of these waters, or within 0.75 mile of the Little Tennessee River, as measured from the top of the bank of the respective water (i.e., river, stream, or creek): Brasstown Creek Burningtown Creek Cane River Caney Fork Cartoogechaye Creek Chattooga River Cheoah River Cowee Creek Cullasaja River Deep Creek Ellijay Creek French Broad River Garden Creek Hiwassee River Hominy Creek Iotla Creek Little Tennessee River (within the river or within 0.75 mile on either side of this river) Nantahala River Nolichucky River North Fork French Broad River North Toe River Nottley River Oconaluftee River (portion not located on trust/EBCI land) Peachtree Creek Shooting Creek Snowbird Creek South Toe River Stecoah Creek Swannanoa River Sweetwater Creek

http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout/

http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout/

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Tuckasegee River (also spelled Tuckaseegee or Tuckaseigee) Valley River Watauga Creek Watauga River Wayah Creek West Fork French Broad River To determine notification requirements, contact the Corps Asheville Regulatory Field Office at (828) 271-7980 or view maps for all corridors at the following World Wide Web page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Designated-Special-Waters.aspx 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1 Limitation of Loss of Stream Bed NWPs may not be used for activities that may result in the loss or degradation of more than 300 total linear feet of stream bed, unless the District Engineer has waived the 300 linear foot limit for ephemeral and intermittent streams on a case-by-case basis and has determined that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions). *NOTE: Permittees should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO::: 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feet of stream, the permittee shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that require a PCN, the District Engineer may determine, on a case-by-case basis, that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre-construction Notification for Loss of Streambed Exceeding 150 Feet Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream, intermittent or ephemeral stream, the permittee shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). This applies to

http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Designated-Special-Waters.aspx

http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Designated-Special-Waters.aspx

https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO

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NWPs that do not have specific notification requirements. If a NWP has specific notification requirements, the requirements of the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a building material, live or fresh concrete, including bags of uncured concrete, may not come into contact with the water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the United States after the concrete is set and cured and when it no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization, the following measures shall be applied: 3.5.1. Where bank stabilization is conducted as part of an activity, natural design, bioengineering and/or geoengineering methods that incorporate natural durable materials, native seed mixes, and native plants and shrubs are to be utilized to the maximum extent practicable. 3.5.2. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed or “keyed” into the bank of the waterbody. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional Condition would result in greater adverse impacts to the aquatic environment. 3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.5. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.6. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. 3.6 Requirements for Culvert Placement 3.6.1 For all NWPs that involve the construction/installation of culverts, measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by altering the width or depth of the stream profile in connection with the construction activity. The width, height, and gradient of a proposed culvert should be

30

sufficient to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow is the seasonal sustained high flow that typically occurs in the spring. Spring flows should be determined from gage data, if available. In the absence of such data, bank-full flow can be used as a comparable indicator. In Public Trust Areas of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by the Coastal Area Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of the bottom of the culvert at least one foot below normal bed elevation.

In all other areas: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried to maintain aquatic passage and to maintain passage during drought or low flow conditions, and every effort shall be made to maintain the existing channel slope. Culverts must be designed and constructed in a manner that minimizes destabilization and head cutting. Destabilizing the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A waiver from the depth specifications in this condition may be requested, in writing, by the permittee and issued by the Corp; this request must be specific as to the reasons(s) for the request. The waiver will be issued if it can be demonstrated that the proposed design would result in less impacts to the aquatic environment. All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States.

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Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried, but the culverts must be of adequate size and/or number to ensure unrestricted transmission of water. 3.6.2 Bank-full flows (or less) shall be accommodated through maintenance of the existing bank-full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall be allowed only to receive bank-full flows.

3.6.3 Where adjacent floodplain is available, flows exceeding bank-full should be accommodated by installing culverts at the floodplain elevation. Additional culverts or culvert barrels at such crossings should not be buried, or if buried, must have sills at the inlets to ensure that they only receive flows exceeding bank-full. 3.6.4 Excavation of existing stream channels shall be limited to the minimum necessary to construct or install the proposed culvert. The final width of the impacted stream at the culvert inlet and outlet should be no greater than the original stream width. A waiver from this condition may be requested in writing; this request must be specific as to the reason(s) for the request. The waiver will be issued if the proposed design would result in less impacts to the aquatic environment and/or if it can be demonstrated that it is not practicable to restore the final width of the impacted stream at the culvert inlet and outlet to the width of the original stream channel. 3.6.5 The width of the culvert shall be comparable to the width of the stream channel. If the width of the culvert is wider than the stream channel, the culvert shall include baffles, benches and/or sills to maintain the width of the stream channel. A waiver from this condition may be requested in writing; this request must be specific as to the reason(s) for the request. The waiver will be issued if it can be demonstrated that it is not practicable or necessary to include baffles, benches or sills and the design would result in less impacts to the aquatic environment. 3.7 Notification to NCDEQ Shellfish Sanitation Section Permittees shall notify the NCDEQ Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. Such notification shall also be provided to the appropriate Corps Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November 1 and April 30 when recreational usage is low. Only clean sand

32

should be used and no dredged sand from closed shell fishing areas may be used. If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swimming advisory shall be posted, and a press release shall be issued by the permittee. 3.8 Submerged Aquatic Vegetation Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP, except NWP 48, unless EFH Consultation has been completed pursuant to the Magnuson-Stevens Fisheries Conservation and Management Act (Magnuson-Stevens Act). Permittees shall submit a PCN (See NWP General Condition 32) to the District Engineer prior to commencing the activity if the project would affect SAV. The permittee may not begin work until notified by the Corps that the requirements of the Magnuson-Stevens Act have been satisfied and that the activity is authorized. 3.9 Sedimentation and Erosion Control Structures and Measures All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the United States. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. 3.10 Restoration of Temporary Impacts to Stream Beds Upon completion of work that involves temporary stream impacts, streambeds are to be restored to pre-project elevations and widths using natural streambed material such that the impacted stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth of the impacted area if shallower than 12 inches. An engineered in-stream structure or material can be used to provide protection of a buried structure if it provides benefits to the aquatic environment and can be accomplished by a natural streambed design. A permittee may request a waiver of this condition if it is determined a buried structure needs significant physical protection beyond those provided in this condition. This condition does not apply to NWP 27 – Aquatic Habitat Restoration, Enhancement, and Establishment Activities. 3.11 Restoration of Temporary Impacts to Stream Banks Upon completion of work involving temporary stream bank impacts, stream banks are to be restored to pre-project grade and contours or beneficial grade and contours if the original bank slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and shrubs are to be utilized in the restoration. Natural designs which use bioengineered and/or geo-engineered methods are to be applied. An engineered structure or material can be used to provide protection of a buried structure if it provides benefits to the stream bank environment, provided it is not in excess of the minimum amount needed for protection and does not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark. A permittee may request a waiver of this condition if it is determined a buried structure

33

needs significant physical protection beyond those provided in this condition. This condition does not apply to NWP 27 – Aquatic Habitat Restoration, Enhancement, and Establishment Activities. 3.12 Federal Navigation Channel Setbacks and Corps Easements 3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to the construction of any structures or fills within the Federally Authorized Channel Setback. 3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District’s Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: [email protected] 3.13 Northern Long-eared Bat – Endangered Species Act Compliance The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States Fish and Wildlife Service (USFWS) in regards to the threatened Northern long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered Species (SLOPES) have been approved by the Corps and the USFWS. This condition concerns effects to the NLEB only and does not address effects to other federally listed species and/or federally designated critical habitat.

A. Procedures when the Corps is the lead federal* agency for a project:

The permittee must comply with (1) and (2) below when: • the project is located in the western 41 counties of North Carolina, to include non-

federal aid North Carolina Department of Transportation (NCDOT) projects, OR; • the project is located in the 59 eastern counties of North Carolina, and is a non-

NCDOT project. *Generally, if a project is located on private property or on non-federal land, and the project is not being funded by a federal entity, the Corps will be the lead federal agency due to the requirement to obtain Department of the Army authorization to impact waters of the United States. If the project is located on federal land, contact the Corps to determine the lead federal agency.

http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx


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(1) A permittee using a NWP must check to see if their project is located in the range of the NLEB by using the following website: http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the project is within the range of the NLEB, or if the project includes percussive activities (e.g., blasting, pile driving, etc.), the permittee is then required to check the appropriate website in the paragraph below to discover if their project:

• is located in a 12-digit Hydrologic Unit Code area (“red HUC” - shown as red areas on the map), AND/OR;

• involves percussive activities within 0.25 mile of a red HUC.

Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological Services Field Office), check the project location against the electronic maps found at: http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html. For the eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the project location against the electronic maps found at: https://www.fws.gov/raleigh/NLEB_RFO.html.

(2) A permittee must submit a PCN to the District Engineer, and receive written authorization from the District Engineer, prior to commencing the activity, if the activity will involve any of the following:

• tree clearing/removal, construction/installation of wind turbines in a red HUC,

AND/OR;

• bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:

• percussive activities in a red HUC, or within 0.25 mile of a red HUC.

The permittee may proceed with the activity without submitting a PCN to either the Corps or the USFWS, provided the activity complies with all applicable NWP terms and general and regional conditions, if the permittee’s review under A.(1) and A.(2) above shows that the project is:

• located outside of a red HUC (and there are no percussive activities), and the

activity will NOT include bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR;

• located outside of a red HUC and there are percussive activities, but the percussive activities will not occur within 0.25-mile of a red HUC boundary, and the activity will NOT include bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR;

http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf

http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html

https://www.fws.gov/raleigh/NLEB_RFO.html

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• located in a red HUC, but the activity will NOT include: tree clearing/removal; construction/installation of wind turbines; bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, and/or; any percussive activities.

B. Procedures when the USACE is not the lead federal agency:

For projects where another federal agency is the lead federal agency - if that other federal agency has completed project-specific ESA Section 7(a)(2) consultation for the NLEB, and has (1) determined that the project would not cause prohibited incidental take of the NLEB, and (2) completed coordination/consultation that is required by the USFWS (per the directions on the respective USFWS office’s website), that project may proceed without notification to either the USACE or the USFWS, provided all General and Regional Permit Conditions are met.

The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910) 251- 4633. 3.14 Work on Eastern Band of Cherokee Indians Land All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must comply with the requirements of the latest MOU between the Wilmington District and the Eastern Band of Cherokee Indians. 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP #3 – Maintenance 4.1.1 In designated trout watersheds, a PCN is not required for impacts to a maximum of 75 linear feet (150 linear feet for temporary dewatering) of streams and waterbodies when conducting maintenance activities. Minor deviations in an existing structure’s configuration, temporary structures and temporary fills are authorized as part of the maintenance activity. In designated trout watersheds, the permittee shall submit a PCN (see Regional Condition 2.7 and General Condition 32) to the District Engineer prior to commencing the activity if; 1) impacts (other than temporary dewatering to work in dry conditions) to streams or waterbodies exceed 75 linear feet; 2) temporary impacts to streams or waterbodies associated with dewatering to work in dry conditions exceeds 150 linear feet; 3) the project will involve impacts to wetlands; 4) the project involves the replacement of a bridge or spanning structure with a culvert or non-spanning structure in waters of the United States; or 5) the activity will be constructed during the trout waters moratorium (October 15 through April 15). 4.1.2 The permittee shall submit a PCN (see NWP General Condition 32) to the District Engineer prior to commencing the activity if the activity involves repair, rehabilitation or replacement of impounding structures or parts of impounding structures or fills.

http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/ESA/

http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/ESA/

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4.1.3 The permittee shall submit a PCN to the District Engineer prior to commencing the activity if the activity will involve the discharge of dredged or fill material into more than 1/10-acre of wetlands or 150 linear feet of stream channel for the construction of temporary access fills and/or temporary road crossings. The PCN must include a restoration plan that thoroughly describes how all temporary fills will be removed, how pre-project conditions will be restored, and include a timetable for all restoration activities.

ROY COOPERGovema

MICHAEL S. REGANse rera y

LINDA CULPEPPERDirecror

NORTH CAROLINA

Envi onmental Quality

March 4. 2019

Forsyth CountyN C D W R Proj ect N o. 20 I 90 I 45Springside Pond and Culvert

Villa e of Clemmons

APPROVAL of 401 WATER QUALITY CERTIFICATION wi[ h ADDITIONAL CONDITIONS

Mr. Mike Gunnell. Director

Public Works, Village ofClemmons

3800 Dillon Industrial Drive

Clemmons, NC 27012

mgunnell icicmmuns.orel

Dear Mr. Gunnell:

You have our approval, in accordance with the conditions listed below for the following impacts to replaee existingculvetts and drain a pond on Springside Drive in Porsyth Counry:

Stream Im acts in the Yadkin PeeDee River Rasin.

Permanen[ Fill in Perennial StreamStrcam

linear ft) Temporary Fill in PerennialImpacts

Si[ e RequiringStream Qinear ft)

MitigationCulvert RipRap ( linear f[)

I 0 54 - -

To[ als 20 54 - -

1' otal Stream Impac[ For Yroject: 74 linear feet.

Site

O en Water Im acts in Ihe Yadkin PeeDee River Basin

Permanent Fill in Open Waters Temporary Fill in Open Watersac) ( ac)

Culver[

0

Total Open Water Impact for Project: 0. 09 acres

o. oa

Dewater Fill

o.osn.os

1 m pactsRequiringMitigAtion

linear ft)

Nurth CaruGna Dcpartmcnt ut Environmcn al Quality I Division uf Wa cr kcsour cs

DE 512 Nurlh Selitibury Sirerl I Ibl7 Mail Service Cemer I Ralciyh North Carolina P699 Ib

u• 9197079000

The project shall be constructed in accordance with your application dated January 30, 2019. After reviewing yourapplication, we have decided that the proposed impacts are covered by General Water Quality Certification (GC) Number 4135. This GC corresponds to US Army Coips of Engineers Nationwide Permit 14. In addition, you shouldacquire any other federal, state or local permits before you proceed with your project including ( but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval will expirewith the correspondin 404 permit.

This approval is valid.solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, thenew owner must be given a copy of this Certification and approval letter and is thereby responsible for complyingwith all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of totalimpacts to streams ( now or in the future) exceed 300 linear feet, compensatory mitigation may be required asdescribed in 15A NCAC 2H .0506 ( h) ( 6) and ( 7). For this approval to remain valid, you must adhere to theconditions listed in the attached certification( s) and any additional conditions listed below.

Condition(s) of Certification:

Project Specific Conditions

1. The permittee or its authorized agents shall notify DWR staff( at the email below) once the project begins sothat periodic inspections can be conducted. [ 15A NCAC 02H.0506( b)( 2)]

2. The Permittee shall ensure that the final work adheres to the permit and to the permit drawings submitted forapprovaL [ 15A NCAC 02H . 0507( c) and 15A NCAC 02H . 0506 ( b)( 2) and ( c)( 2)]

3. As site work progresses and it is observed that impacts to streams will change or if any modifications areneeded to permit drawings, the permittee shall notify DWR staff (at the email below) prior to commencin withany further work.

General Conditions

1. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact betweencuring concrete and stream water. Water that inadvertently contacts uncured concrete shall not be dischargedto surface waters due to the potential for elevated pH and possible aquatic life and fish kilis. [ 15A NCAC02B. 0200]

2. No rock, sand or other materials shall be dredged from the stream channel except where authorized by thiscertification. [ 15A NCAC 02H. 0506( b)( 3)]

3. Dischargin hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface watersis prohibited. [ 15A NCAC 02H. 0506( b)( 3)]

4. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water qualitystandards ( including any requirements resulting from compliance with 303( d) of the Clean Water Act) and anyother appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws

are not being met ( including the failure to sustain a designated or achieved use) or that State or federal law is beingviolated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modifythis certification. [ 15A NCAC 02B.0200]

5. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, theWater Quality Certification and all subsequent modifications, if any, shall be maintained with the Village Engineerand the on- site project manager. [ I SA NCAC 02H .0507( c) and 15A NCAC 02H .0506 ( b)( 2) and ( c)( 2)]

6. The outside buffer, wetland or water boundary located within the construction corridor approved by thisauthorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to

areas within the fencing are prohibited unless otherwise authorized by this certification. [ 15A NCAC 02H.0501

and . 0502]

7. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government a encies ( i. e. local, state, and federal) havingjurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion andsedimentation control requirements, etc.

8. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hoursof discovery. [ 15A NCAC 02B.0506( b)( 2)]

9. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the projectby the end of the growing season following completion of construction. [ I SA NCAC 02H.0506(b)( 3) and ( c)( 3)]

10. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with thispermit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation may be required. [ I SA NCAC 02H. 0506( b)( 3) and

l

11. Erosion and sediment control practices must be in full compliance with all specifications governing the properdesign, installation and operation and maintenance of such Best Management Practices in order to protect surfacewaters standards [ 15A NCAC 02H. 0506(b)( 3) and ( c)( 3]):

a. The erosion and sediment control measures for the project must be designed, installed, operated, andmaintained in accordance with the most recent version of the North Carolina Sedinzent and Erosion Control

Planning and Design Manatal.

b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be

such that they equal, or exceed, the rec uirements specified in the most recent version of the North CarolinaSediment a Td E osion Control Manunl. The devices shall be maintained on all construction sites, borrow

sites, and waste pile ( spoil) projects, including contractor-owned or leased borrow pits associated with theproj ect.

c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, andmaintained in accordance with the most recent version of the North Carolina Su face Mining Manual.

d. The reclamation measures and implementation must comply with the reclamation in accordance with therequirements of the Sedimentation Pollution Control Act.

12. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall beremoved, and the natural grade restored upon completion of the project. [ 15A NCAC 02H. 0506(b)( 3) and ( c)( 3)]

If you wish to contest any statement in the attached Certification you must file a petition for an administrativehearing. You may obtain the petition form from the office of Administrative hearings. You must file the petitionwith the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is consideredfiled when it is received in the office of Administrative Hearings durin normal office hours. The Office of

Administrative Hearings accepts filings Monday through Friday between the hours of 8: OOam and S: OOpm, exceptfor official state holidays. The original and one ( 1) copy of the petition must be filed with the Office ofAdministrative Hearings.

The petition may be faxed-providing the original and one copy of the document is received by the Office ofAdministrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is:

Office of Administrative Hearings

6714 Mail Service Center

Raleigh, NC 27699- 6714

Telephone: ( 919) 431- 3000, Facsimile: ( 919) 431- 3100

A copy of the petition must also be served on DEQ as follows:

Mc Bill F. Lane, General Counsel

Department of Environmental Quality1601 Mail Service Center

This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If youhave any questions, please contact Dave Wanucha at ( 336) 776- 9703 or dave. wanucha@ncdencgov.

CSincerely, // Wv"! /'

Linda Culpepper, Director

Division of Water Resources

Electronic copy only distribution: Bryan Roden Reynolds, US Army Corps of Engineers, Charlotte Field OfficeClaire Ellwanger, US Fish and Wildlife Service, Asheville Office

Marla Chambers, NC Wildlife Resources Commission

Cindy Lancaster, lEWELL Engineering Consultants, P.C. ( clancaster@jewellengr. com) File Copy

June 7, 2017 Cindy C. Lancaster, P.E. JEWELL ENGINEERING CONSULTANTS, PC Po Box 2294 Kernersville, NC 27285 Re: Subsurface Investigation Springside Drive Dam Improvements Clemmons, North Carolina GeoTechnologies Project No. 1-17-0418-EA Dear Ms. Lancaster: GeoTechnologies, Inc. has completed the authorized investigation to evaluate subsurface soil conditions for a dam on Springside Drive in Clemmons, North Carolina. Subsurface conditions along the embankment were investigated by drilling three soil test borings at the locations shown on the attached Figure 1. The boring locations were established in the field by measuring distances from existing site landmarks and then recording the GPS coordinates which are summarized in the table below: BORING LATITUDE LONGITUDE B-1 36.0369977 -80.3735631 B-2 36.0370549 -80.3736046 B-3 36.0371517 -80.3735454 The test borings were advanced with a CME-550 drill rig to termination depths of about 20 to 25 feet using standard penetration test procedures at selected intervals to evaluate the consistency and density of the subsurface soils. This report presents the findings of our investigation and our preliminary recommendations based on those findings.

PROJECT AND SITE DESCRIPTION We understand that the CMP spillway at the Springside Drive dam is undersized such that the dam and road are overtopped several times a year. Overtopping and the location of the outlets for the spillway pipes has resulted in erosion to the downstream slope, and it appears the slope has been stabilized over the years with rip-rap, concrete, and asphalt. The presence of these materials on the slope face made it difficult to evaluate erosion or the slope angle; however, we estimate that the downstream slope is about 2H:1V, with a height of about 15 feet. The length of the embankment with a significant downstream slope is about 100 feet or slightly less. The visible portion of the upstream slope appears flatter than 3H:1V. What appears to be an RCP bottom drain outlet was observed near the toe of the downstream slope. The spillway for the dam will be modified by installing a properly sized culvert. The work area will be unwatered by sheeting a cofferdam around the new structure. Further, a temporary access road will be constructed downstream of the dam for homeowners north of the dam. Utilities which run parallel to the road include sanitary sewer and water.

Springside Drive Dam June 7, 2017 Page: 2

SUBSURFACE CONDITIONS

Generalized subsurface profiles prepared from the test boring data are attached to this report as Figure 2 to graphically illustrate conditions encountered at the boring locations. More detailed descriptions of the conditions encountered at the individual boring locations are then presented on the boring records. The borings encountered between 12 to 14.5 feet of fill or possible fill soils. The fill typically consisted of silts and clays with occasional sands and gravel. Below about 4 to 5 feet, some of the fill included organics. Penetration resistances in the fill/possible fill were in the range of 4 to 14 blows per foot (bpf), indicating marginal to good compaction. The fill/possible fill was underlain by sands and clays with penetration resistances in the range of 3 to 12 bpf. Below 15 to 17.5 feet the borings encountered partially weathered rock (PWR) with soil lenses. PWR is defined as material whose standard penetration resistances are more than 100 bpf, but which may be penetrated by the soil drilling process. The borings were terminated at about 20 to 25 feet, with auger refusal encountered in boring B-3. Water was measured at about 17 to 20 feet at the time of boring completion, but would likely be higher with extended monitoring. The borings were grouted upon completion.

RECOMMENDATIONS The following recommendations are made based upon a review of the attached investigative data and experience with similar projects and subsurface conditions. As additional project information becomes available, that information should be provided to GeoTechnologies so that our recommendations can be confirmed, extended, or modified as necessary. Condition of Embankment. The embankment contains fill/possible fill soils which appear marginally to reasonably well compacted. These soils were generally moist to wet and included some organics below about 4 to 5 feet. Although it is difficult to tell from a small diameter sample, it is probable that some topsoil was used in the construction of the embankment. The fill/possible fill was placed over some very loose sands in borings B-1 and B-2, and then PWR was encountered within about 0.5 to 3 feet from the bottom of the fill/possible fill in the borings. Visually, the only indication that the embankment slopes have experienced instability is the apparent erosion or possible shallow slides on the downstream slope face in the proximity of the spillway pipe outlets. Attempts have been made to stabilize this area with rip-rap, concrete, and asphalt; however, the composition of this material is such that it is difficult to tell how stable the downstream slope is in this area. The embankment foundation soils are typically granular meaning that seepage losses through the structure will be higher than if more fine grained soils were present. However, we were given no indication that the pond has difficultly holding water. Proposed Modifications to Embankment. We recommend that the downstream slope be flattened and regraded as necessary to no steeper than 2.5H:1V. In conjunction with flattening and regrading the slope, our stability analyses (discussed later) indicate that internal seepage control in the form of a toe drain will be needed


to provide acceptable safety factors. The location and extent of the drain will depend on hydraulic and geometric factors which are not presently known, and will therefore have to be determined as project planning moves forward. For preliminary planning, we recommend that a toe drain be included in the design as shown on Figure 3. One alternative to eliminate the need for a toe drain is to flatten the downstream slope to 3H:1V and include a granular (C33 concrete sand) blanket drain on the existing downstream slope face (after regrading), below the new fill used to flatten the slope. No matter what approach is ultimately taken, some form of internal seepage control will need to be incorporated into the design. The height of the upstream slope is not known; however, the upper portions of the slope appear relatively flat. For long term stability, particularly during drawdown, we recommend that the upstream slope be maintained at no steeper than 3H:1V. Where trees are established on the embankment, we recommend that they be removed to at least 10 feet outside the slope toe and the root bulb area properly cleaned and backfilled. Backfill placed in the tree removal holes should consist of soils with more than 35% passing the #200 sieve and a PI >10%. Where downstream or upstream slopes are modified, the contractor should be prepared to remove concrete, rip-rap, asphalt, and soft soils under this material either by undercut prior to regrading, or by benching in the new fill provided that benching is effective in removing the softer soils. This implies that even slopes which are presently 2.5H:1V or flatter (upstream) may need to be reworked at the face. We were not able to evaluate the downstream slope face due to the stabilizing cover; however, soft soils were present below the waterline of the upstream face up to 7 feet in depth. We anticipate that repairs/potential dewatering will also be needed at the slope toe where slopes are extended to achieve the design geometry. Careful evaluation of the toe area should be performed by the geotechnical engineer at the time of reconstruction. All repairs should be performed under the direction of the geotechnical engineer. experience with similar projects has indicated that a measure of flexibility is needed on the part of the contractor and engineer to deal with the various unexpected conditions which can be encountered during such a project Where existing pipes run through the structure, such as the bottom drain RCP observed, they will have to either be removed or grouted in-place. Grouting may be needed not only in the pipe, but also around the pipe if very soft soils exist along the outlet. In our experience, dam failures are most commonly associated with poor quality control around outlet structures, and this detail should not be overlooked. Borrow Materials. Backfill or fill needed to achieve the design geometry should consist of low to moderately plastic clays and silts with Unified Soil Classifications of CL, CL-CH, ML, and MH. High plasticity clays and silts (CH and MH) may also be considered at the discretion of the geotechnical engineer. The maximum permeability of the borrow should not exceed 1x10E-6 cm/sec unless otherwise approved by the geotechnical engineer. Given the variable composition and consistency of the existing embankment fill, it is our opinion that most of this material will not be suitable for backfill. We recommend budgeting for complete removal and replacement, and if areas of suitable soils are found during excavation of the embankment, they can be stockpiled for reuse and the owner credited.


During construction, density tests should be performed on a full-time basis to identify any potential problem areas. The fill should be placed in loose lifts of no more than 8 inches in thickness. All fill soils should be compacted to a minimum of 95% of the standard Proctor maximum dry density. Assuming the specified density can be achieved, it is our recommendation that fill materials be placed at moisture contents of optimum to 4% wet of optimum unless otherwise directed by the geotechnical engineer. Installation of Primary Spillway/Riser. We recommend that spillway details include a concrete cradle (Figure 4) if the spillway will be a drop inlet and pipe rather than an open channel. The cradle should extend from the upstream toe to the filter diaphragm (Figures 5A/B) near the downstream toe. Figures 5A and 5B may be used as a design guide; however, we recommend that additional laboratory testing be performed during construction on the native and/or import soils as necessary to verify that the detail is adequate. If a box spillway structure is used, it must be founded on suitable material, and provisions must be implemented both to cut water flow off under the chute slab and around the perimeter of the box to intercept and control any water which does get beyond the cut-offs. Whether or not some undercut and backfill has to be placed under the box will depend on the elevation of the box and subsurface conditions. If soft or highly pervious soils are exposed at design subgrade, they will need to be removed and replaced with properly compacted low permeability structural fill. Based on the results of the borings, we suggest that the base of the box be designed assuming an allowable bearing pressure of 3,000 psf. This design would be used for design of the retaining walls which will be constructed as part of the box. The sidewalls for the box should be designed to resist a triangular lateral earth pressure distribution computed based on the assumption that the soils weigh 50 pcf above the water table and 90 pcf below the water table. Additional loads to accommodate traffic loads will need to be added to these values. To prevent excessive seepage around the perimeter of the new structure, we suggest that consideration be given to constructing a reinforced concrete wing wall and cut off wall under a control section beneath the slab and perpendicular to the chute to reduce the potential for seepage under the slab and beyond the chute. Secant walls could also be used, but would likely be more expensive in this application. To control seepage downstream of the cut-off which potential will bypass the cut-off elements, a drainage layer should be placed under the concrete slab-on-grade. The typical drainage layer would consist of a minimum of 6 to 8 inches of C33 concrete sand placed directly on the prepared soil subgrade overlain by a minimum of 12 to 18 inches of #78 stone. The #78 stone can increase drag on the bottom of the concrete spillway section thereby increasing the potential for shrinkage cracks if the slab is not reinforced. Accordingly, you may wish to consider placing an additional 3 to 4 inches of C33 concrete over the stone prior to placing the concrete slab. Water collected in this underdrain is generally handled by placing one or two deepened trench sections running perpendicular to the direction of flow to intercept water and direct it towards deepened trench sections which run parallel with the direction of flow to an outlet point. Pipe does not have to be placed in these deepened sections except where the water is collected for discharge. A schedule #80 PVC perforated pipe should extend back into the stone and then extend through the filter sand as a solid pipe and be discharged at a small outlet headwall where the amount of seepage being collected can be periodically measured and recorded to evaluate performance of the spillway and spillway cut-off systems. It may be necessary to tie down portions of the box to resist hydrostatic uplift. The sections of the spillway beyond the cutoff will have an under drain system to prevent uplift. Shallow partially weathered rock appears to exist at relatively shallow depth and a conventional grouted anchor can be used to add uplift resistance. At least two


anchors should be pulled at the start of the project to verify that they provide the desired uplift support on the pond side of the cutoff wall. Cofferdam Construction. We understand that consideration is begin given to using sheeting to construct the cofferdam needed to install the new spillway. Given that variable fill and very loose sands overlie PWR where the spillway will be installed, it is likely that a conventional sheet pile installation will not be able to achieve the embedment necessary to resist lateral loading since sheeting cannot be driven into PWR. This is particularly true considering that any soft soils below the bottom of the spillway box will have to be undercut, meaning that sheets driven to the top of PWR may have almost no embedment after undercutting. As such, additional internal bracing methods or an alternative shoring design, such as a king pile/sheet system, will need to be considered. Alternatively, the pond can be drained with a siphon and the spillway installed with a slide rail system, or with an open cut. A probe rod inspection of the area along the upstream slope where the cofferdam will be located indicates the presence of very soft soils to depths of 5 to 7 feet at the furthest point into the water. Based on our probing and the results of test boring B-2, we recommend that the selected shoring system be designed using the parameters provided in the table below. Depth (ft) Unit Weight –

Above/Below Water (pcf) Cohesion (psf) Friction Angle (phi)

0-7 100/45 0 0 7-14 120/60 600 0 14-17 120/60 0 30 17-17.5 130/70 0 34 It is noted that the depths indicated in the table are taken from the top of the soil layer and do not include the depth of water (where appropriate) above the soil. Additionally, the unit weights provided are for both above and below the water line, and should be used as appropriate. The design should account for hydrostatic pressures separately. Should the installing contractor encounter conditions different to those presented in the table, that information should be provided to the geotechnical engineer and shoring designer immediately. Embankment Slope Stability. GeoTechnologies used the slope stability program SLIDE to estimate the downstream slope safety factor. Our analysis indicates that the long term safety factor can be improved to (+/-) 1.5 with flattening to 2.5H:1V and a toe drain, or by flattening the slope to 3H:1V and including a granular blanket drain. Dam Safety requires that all High Hazard dams (if it is determined that this is one) have a safety factor of 1.5 or more against failure during long term steady state operations. Even if the dam is not High Hazard, we typically recommend a minimum safety factor of 1.5. Upstream rapid draw down analyses were not performed; however, our experience has been that slopes properly constructed at 2.5H:1V or flatter will provide a minimum safety factor of 1.25 which meets the Dam Safety High Hazard requirement for rapid draw-down. The provided analyses should be considered preliminary in nature and should not be used for final design. Final analyses should be performed by the geotechnical engineer as project plans are developed.

0

2

4

6

8

10

12

14

16

18

20

22

24

26

6

4

5

4

11

12

5

3

50/5"

50/1"

50/0.5"

B- 1

5

5

9

8

6

8

5

3

12

50/2.5"

50/4"

B- 2

6

7

8

14

9

6

8

50/3.5"

50/3"

B- 3

Clemmons, North Carolina

SCALE: As Shown

FIGURE No: 2Springside Drive Dam

Depth (Feet)

JOB No:1-17-0418-EA

PROJECT:

GENERALIZED SUBSURFACE PROFILE

Possible Fill

Fill

LEGEND

Groundwater at Time of Boring

8 Standard Penetration Resistance

Auger Refusal

Soil/Gravel

Low Plasticity Silt to Clay

Organic Silt or Clay

Low Plasticity Clay

Moderate Plasticity Clay

Clayey Sand

Clayey Sand - Sandy Clay

Silty Sand

Partially Weathered Rock

Asphalt

CABC Stone

Organic Clay/Silt

jgrizzard.VBN

Typewritten Text

Cover

jgrizzard.VBN

Typewritten Text

at Outlet

jgrizzard.VBN

Line

Note: Filter materials and pipes must meet piping/permeability

criateria per Chapter 26 NRCS.

Plan View of Diaphragm

Two Stage Filter

2 Stage Filter

Perforated Schedule 80 PVC collecter pipe, capped at each

end. Pipe placed at horizontial center of the coarse filter

material. Pipe openings should be submitted for approval by

geotechnical engineer.

6' min

Solid Outlet Pipe (Schedule 80 PVC)to headwall

Outlet Conduit

FlowD

3D

3D

Solid Outlet Pipe (Schedule 80 PVC)to headwall

Note: Filter materials and pipes must meet piping/permeability

criateria per Chapter 26 NRCS.

Fine Filter material is NCDOT C33 Sand.

Coarse Filter material is #78 Stone.

Section View

Two Stage Filter

Outlet Conduit

FlowD

3D

1.5D

6" min

6" min coarse filter material below pipe.

Solid Outlet Pipe

Fine Filter

6' min

Fine Filter

12" min

12" min

1.5' min

Fine Filter

1.5'

min

Fine Filter

Co

arse

Filte

r

18"

Steel Gaurd Pipewith Locking Cap

SurfaceNeat Portland Cement Grout

Bentonite Seal

C33 Filter Sand

0.010" Well Screen2" I.D. PVC

PVC Cap, Glued

12"

12"

Varies

6"

Standard Piezometer Detail

PROJECT:

Springside Drive Dam

Clemmons, North Carolina

SCALE: Not to Scale

JOB No: 1-17-0418-EA

FIGURE No:6

Fill - Gravel & SoilFill - Stiff Firm Orange Brown Slightly MicaceousSlightly Fine Sandy Clayey SILT

Fill - Firm Black Organic Silty CLAY

Fill - Wet Soft Gray Slightly Micaceous Fine toMedium Sandy CLAY w/Gravel

Fill - Stiff Gray Fine Sandy Silty CLAY w/Gravel

Fill - Stiff Brown Silty CLAY

Fill - Soft Gray Brown Silty CLAY w/OrganicsVery Loose Brown Silty Clayey Fine to MediumSANDVery Loose Black Silty Clayey Fine SANDVery Loose Gray Silty Fine to Medium SANDPartially Weathered Rock - Sampled as GrayMicaceous Silty Fine SAND

Hard Gray Micaceous Silty Fine SAND

Partially Weathered Rock - Not Sampled

Boring terminated at 24.1'

2-2-4-4

3-2-2-2

2-2-3-4

2-2-2-4

3-4-7-7

6-6-6-6

2-3-2-2

1-1-2-2

50/5"

16-50/1"

50/0.5"

0.2

5.0

6.0

7.5

10.0

13.013.514.0

15.516.0

18.5

19.5

24.1

MLCL

OL

CL

CL

CLCH

CLSCSCCL

SM

SM

PENETRATION(BLOWS/FT.)

BLOWS PERSIX INCHES

ELEVATION(FT.)

100 20 40 60 100

DESCRIPTION

Groundwater encountered at 20' at time of boring.

DEPTH(FT.)

0.0

TEST BORING RECORD

1 OF 1PAGE

JOB NUMBERBORING NUMBERDATE

1-17-0418-EAB- 16-2-17

GT

I_M

AIN

170

418

.GP

J G

TI.G

DT

6/2

/17

3200 Wellington Court, Ste 108Raleigh, NC 27615

Fill - AsphaltFill - CABCFill - Firm Orange Brown Slightly Micaceous FineSandy Clayey SILT w/Quartz at 2-4'

Fill - Firm to Stiff Black Brown Fine Sandy SiltyCLAY w/Organics & Occasional Gravel

Fill - Firm Orange Brown Slightly Fine to MediumSandy Silty CLAY

Fill - Firm Wet Black Brown Fine Sandy SiltyCLAY w/Few Organics

Very Loose Wet Black Slightly Clayey Silty Fine toMedium SAND

Medium Dense Black Silty Fine to Medium SANDPartially Weathered Rock - Sampled as TanSlightly Micaceous Silty Fine to Medium SANDw/Quartz

Boring terminated at 24.4'

3-3-2

3-2-3-3

4-4-5-4

3-4-4-4

2-2-4-3

4-4-4-4

2-2-3-2

1-2-1-1

2-2-10-50/3.5"

50/2.5"

50/4"

0.40.5

4.0

8.0

12.0

14.3

17.017.5

24.4

MLCL

CLOL

CL

CL

SM

SM


BLOWS PERSIX INCHES

ELEVATION(FT.)

100 20 40 60 100

DESCRIPTION

Groundwater encountered at 19.5' at time of boring.

DEPTH(FT.)

0.0

TEST BORING RECORD

1 OF 1PAGE


1-17-0418-EAB- 26-2-17

GT

I_M

AIN

170

418

.GP

J G

TI.G

DT

6/2

/17


Fill - AsphaltFill - CABC StoneFill - Wet Firm Orange Brown Slightly MicaceousFine to Medium Sandy Clayey SILT

Fill - Firm to Stiff Black Brown Slightly MicaceousSlightly Fine to Medium Sandy Clayey SILTw/Few Organics & Wood

Possible Fill - Wet Loose Gray Black Silty ClayeyFine to Medium SAND

Stiff Gray Black Slightly Fine Sandy Silty CLAYPartially Weathered Rock - Sampled as Gray SiltyCLayey Fine to Coarse SAND w/Small Gravel &Soil Lenses

Auger Refusal at 19.8'

5-3-3

4-4-3-4

2-3-5-5

5-6-8-6

4-4-5-5

2-22-4-5

2-5-3-5

7-42-50/3.5"

50/3"

0.40.7

5.0

12.0

14.515.0

19.8

ML

MLCL

SCCL

CL


BLOWS PERSIX INCHES

ELEVATION(FT.)

100 20 40 60 100

DESCRIPTION

Groundwater encountered at 16.7' at time of boring.

DEPTH(FT.)

0.0

TEST BORING RECORD

1 OF 1PAGE


1-17-0418-EAB- 36-2-17

GT

I_M

AIN

170

418

.GP

J G

TI.G

DT

6/2

/17
