208.01 General
Comply with all state, local, tribal, and federal laws and regulations controlling pollution of the environment. Prevent pollution of aquatic resources from sediment, fuels, oils, bitumen, chemicals, solid waste, or other harmful materials. Prevent pollution of the atmosphere from particulate and gaseous matter. Do not begin work in areas covered by the permits, authorizations, or notifications until all are received from the regulatory agency. Allow a minimum of 45 calendar days to receive required permits, authorizations, or notifications from the date of the submittal of a complete request, unless a different timeframe is specified by the regulatory agency. The Department is not responsible for delays caused by incomplete or inaccurate submittals by the Contractor. Obtain and submit all required environmental permits, authorizations, and notifications necessary for activities relating to construction activities, including those secured for sites outside of the project limits before construction activities start in permitted area. Submit, within 7 calendar days of sending or receiving, all correspondence to or from regulatory agencies regarding potential noncompliance or violations. Defend, indemnify, and hold harmless the Department from legal actions or fines resulting from violations of the rules, regulations, permits, authorizations, and notifications due to any Contractor act, omission, neglect, or misconduct.
208.02 Materials
Use materials meeting contract requirements or approved by the Project Manager if permanent and temporary materials are not specified.
208.03 Construction
208.03.1 Water Pollution Control
A.General. Plan, install, inspect, and maintain temporary and permanent water pollution control (i.e., BMPs) to provide economical, effective, and continuous erosion and sediment control, prevent pollution during and after completion of construction activities, and preserve existing aquatic resources. Erosion and sediment control is required on all projects as necessary to minimize damage to the highway and adjacent properties and abate pollution of surface and ground water resources. Contractor failure to provide erosion, sediment, and water pollution controls may cause the Department to provide the work and deduct those costs from monies due or to become due the Contractor, or otherwise billed to the Contractor. The Department may also stop the work or withhold any payments due until acceptable corrective action is taken.
B.Spill Prevention and Waste Disposal. Prevent chemicals, fuels, lubricants, bitumen, raw sewage, and other wastes from entering aquatic resources. Dispose of all waste, refuse, and discarded materials in accordance with approved methods and applicable rules, laws, and regulations for disposal of solid waste.
C.Protection of Storm Water Drainage Systems. Protect regulated Small Municipal Separate Storm Sewer Systems (MS4). Contact the local authorities to determine if additional requirements are in place for construction storm water discharges that would affect the project. 208 – ENVIRONMENTAL PROTECTION 2020 EDITION V5.1 208-2
1.Obtain any additional permits, licenses, or permissions required as a result of the local MS4 permit and the applicable Storm Water Management Program.
2.Implement appropriate BMPs to protect existing storm drain inlets, gutter systems, storm sewer, and/or open ditch systems within and adjacent to the project from discharge of contaminants, such as sediment or construction debris.
3.Do not discharge any construction related waters not composed entirely of storm water. Do not discharge wash water, water used for dust suppression, cooling, or curing waters, saw cutting waters, or any other non-storm waters to the MS4.
4.Contact the Project Manager who will coordinate with the Department’s DEES if further clarification is required prior to or during construction.
D.Erosion and Sediment Control Measures. Control erosion, sediment, and water pollution during all work and work suspensions. Design, install, and maintain erosion and sediment controls to control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion.
1.Temporary Control Measures. Install BMPs prior to, or concurrently with, soil disturbance activities. When BMP installation is concurrent with the soil disturbance activity, limit the work to an area that can be protected by BMPs no later than the same day the work is performed. Failure to install BMPs within the same day will result in suspension of all work relating to those BMPs. Maintain all temporary erosion control, sediment control, and other pollution control measures until it is no longer needed or conflicts with the work. If devices that conflict with the work are removed, replace these devices no later than the end of each shift. Re-grade work sites to match the surrounding terrain after the devices are removed. Repair or replace damaged, inadequate, non-functioning, or non-conforming devices. Initiate work to fix the problem immediately after discovering the problem. Unless specified differently in permits or authorizations, complete this work as soon as practicable, but no later than 7 calendar days after discovering any deficiencies. Temporary pollution control measures required due to the Contractor’s negligence, carelessness, failure to maintain, or failure to install designed permanent controls in place of temporary controls are at Contractor expense.
2.Permanent Control Measures. Install permanent pollution controls concurrently or immediately following work that disturbs natural ground.
E.Inspections. Conduct inspections as specified in the permit. When no permit is required, conduct inspections to evaluate performance and maintenance needs of water pollution controls in accordance with the following schedule unless specified differently in permits or authorizations: • At least once per month, per site, and • Within 24 hours of a storm event of 0.25 inches (6.5 mm) or greater. 2020 EDITION V5.1 ENVIRONMENTAL PROTECTION – 208 208-3 Use the Department’s most current SWPPP Inspection Report when no permit is required. Use the Department’s form or another agency’s form that conforms to permit requirements when a permit is required. Submit 1 copy of the signed inspection report. Failure to conduct inspections and submit inspection reports renders the BMPs unacceptable. Immediately report potential noncompliance in accordance with applicable regulations, guidance, and permit conditions. The Contractor is wholly responsible for all violations including but not limited to those that result during the times when the required monitoring is not conducted, inspection report forms are not submitted, BMPs are ineffective, required maintenance or monitoring of BMPs is not performed. BMPs will be inspected during construction and during the final inspection to ensure they are installed, maintained, and functioning as required by the contract and permits. BMPs will be inspected as part of the final walk-through to ensure they are adequate, maintained, and functioning properly.
F.Erosion Control Plan. MPDES permits are issued by the DEQ for discharges within the state of Montana not including Indian Countries. NPDES permits are issued by the EPA for discharges inside the boundaries of Indian Countries. Some Tribal governments also have NPDES review authority and/or separate permitting authority. For projects requiring MPDES and/or NPDES General Permit coverage, submit one NOI package and the associated fees for ground disturbance areas within the project limits to the appropriate permitting agency. Use Department furnished blank erosion control plans to complete the SWPPP as required by the General Permit. Submit a copy of the NOI package submitted and confirmation for receipt of a complete NOI package from the permitting agency prior to conducting any ground disturbance activities. Be responsible for erosion, sediment, and water pollution control for Contractor furnished material sources, staging areas, plant sites, or any other Contractor caused ground disturbance outside the project limits. Submit a separate NOI package and the associated fees to the permitting agency for ground disturbance areas outside the project limits. Contractor furnished material sources, staging areas, plant sites, or any other Contractor caused ground disturbance outside the project limits, are the Contractor’s responsibility and must be submitted under a separate NOI package from the ground disturbance within the project limits. Although these areas are permitted separately, the areas of disturbance are considered cumulative with the project disturbance area when determining the requirement for permit coverage. Comply with the conditions of the permit. Revise and/or update the SWPPP to reflect current conditions, pollution prevention measures, and install BMPs in accordance with permit requirements. Submit all changes to the Project Manager. Do not transfer or terminate the General Permit coverage until the BMPs are inspected and accepted and all records required under the permit, including inspection, and monitoring reports, are submitted to the Project Manager. The Department may require that certain non-biodegradable BMPs be removed and/or replaced by another type of natural fiber, 100% biodegradable BMP as a condition of permit transfer. When submitting the MPDES General Permit transfer package/application to the Department, provide verification that all fees have been paid and the permit is ready for transfer in DEQ FACTS (Fees, Applications, and Compliance Tracking System). 208 – ENVIRONMENTAL PROTECTION 2020 EDITION V5.1 208-4
208.03.2 Aquatic Resource Protection
A.General. Unless permitted or authorized, avoid all equipment traffic, fill material, staging activities, and other disturbances to all aquatic resources. When working above aquatic resources, employ positive means to prevent all material from entering aquatic resources below. Conduct construction, staging and paving operations in a manner to prevent materials from entering areas adjacent to aquatic resources or in area immediately adjacent to the roadway susceptible of sediment transport. Any impacts to these areas and associated consequences, without the proper permitting, are the responsibility of the Contractor. The Contractor must secure the appropriate permits or authorizations prior to working in these areas. If complete avoidance of these areas is not possible, contact the Project Manager who will coordinate the permitting effort with the DEES or the District Biologist. Unless authorized with approved permits and authorizations, meet the following requirements:
1.Do not operate mechanized equipment in regulated aquatic resource, unless authorized in accordance with Subsection 208.03.2(B).
2.Isolate work zones from flowing and standing waters during construction, unless authorized in accordance with Subsection 208.03.2(B).
3.Do not spill or dump material from equipment into regulated aquatic resources.
4.Do not discharge wastewater from washout of concrete related equipment, concrete finishing, saw cutting, wet concrete, hydraulic demolition, etc. into any regulated aquatic resource.
5.Do not place fill or other materials in regulated aquatic resource unless included in the contract and authorized in accordance with Subsection 208.03.2(B).
6.Locate staging or storage areas at least 50 feet (15.2 m) horizontally from aquatic resource, top of stream bank, or the highest anticipated water level during the construction period, whichever is furthest from the resource.
7.Store and handle petroleum products, chemicals, cement, and other deleterious materials to prevent their entering regulated aquatic resources.
8.Provide sediment and erosion controls for topsoil stockpiles, staging areas, access roads, channel changes, and instream excavations.
9.Shape and contour streambeds and stream banks to their pre-disturbed condition to match adjacent undisturbed ground, unless included in the contract.
10.Clean, maintain, and operate equipment so that petroleum-based products do not leak or spill into any regulated aquatic resource.
B.Temporary Facilities and Construction Activities. Obtain required permits and authorizations for the installation, maintenance, operation, and removal of temporary facilities such as work bridges, work pads, cofferdams, temporary detours, diversions, etc. Department obtained permits and authorizations do not typically include removal and disposal of existing structures, access to and from authorized locations, sequencing, and construction methodology to construct authorized features, impacts to areas outside of the planned construction footprint, and other items potentially affecting an aquatic resource. Submit Temporary Facility and Construction Activity permit applications for COE 404 and SPA 124 Notifications in accordance with Subsection 208.03.3 . 2020 EDITION V5.1 ENVIRONMENTAL PROTECTION – 208 208-5 Plan temporary construction facilities to:
1.Minimize disturbance to regulated aquatic resources.
2.Not restrict or impede fish passage in streams.
3.Not restrict water flow anticipated during use; and
4.Remove temporary facilities as soon as practicable once they are no longer needed. Complete application forms in accordance with the permitting agency requirements. Plans included as part of the application forms must at a minimum contain the following information:
1.Details depicting regulated aquatic resource features before installation of temporary construction facilities and after removal.
2.Location of facilities relative to permanent work and regulated aquatic resources.
3.Plan and elevation views of facilities showing regulated aquatic resources.
4.Anticipated high water elevation during use of the facilities.
5.Waterway openings and clearances.
6.Type of bridge bent, pier, and superstructure construction (wood, steel, concrete, etc.).
7.Quantity and type of material proposed for use.
8.Written description for installing, operating, maintaining, and removing facilities including proposed construction techniques, containment plans, equipment, stockpile and storage areas, temporary erosion and sediment control measures, site re-vegetation/restoration and weed control plans.
9.Estimated time the temporary facilities are to be in place; and
10.A plan for and written description of existing structure removal, if applicable, as described in Subsection 208.03.2(C). Shape and contour areas disturbed by the installation or removal of temporary construction facilities to match adjacent undisturbed ground upon removal of the facilities. Submit the plans and application packages, subsequent modifications, or revisions. The Department will review each submittal of the plans and application packages, subsequent modifications, or revisions, and either request additional information or revisions or submit to applicable resource and regulatory agencies within 21 calendar days. Resource and regulatory agency review time does not begin until the Department submits the application to the applicable agencies. Do not begin work on temporary construction facilities or modifications to approved plans until receiving written notification from the Project Manager that all the required approvals from the regulatory and resource agencies have been obtained and distributed. The Department will distribute COE 404 and SPA 124 approvals within 5 business days of receipt of all required approvals.
C.Existing Bridge and Structure Removal. Provide the Project Manager a plan and written description detailing how the existing bridge(s) and/or structure(s) are to be removed. Include in the description what methods and equipment are to be used to remove the bridge deck, superstructure, piers, footings, and end bents, and, if applicable, containment plan. Conduct work in accordance with Section 202 . Provide the anticipated start date of removal work and estimated time to complete the work. Include details of erosion, sediment, and pollution control, and containment measures used during removal. 208 – ENVIRONMENTAL PROTECTION 2020 EDITION V5.1 208-6 Remove contract-related debris from the regulated aquatic resources within 48 hours of placement. Maintain constant progress on all in-stream work until completed.
D.Aquatic and Invasive Species (AIS) Watercraft and Equipment Inspection. State laws, regulations, and rules are in effect in Montana to prevent the spread of AIS. The following website includes information to aid in the prevention of AIS: http://cleandraindry.mt.gov/ .
1.Contact FWP at least 2 weeks prior to operating equipment in or working within an aquatic resource. FWP may require additional inspection or action for AIS prior to equipment use in any aquatic resource in the State of Montana. TABLE 208-1 FWP CONTACT INFORMATION Contact Phone Number Fisheries Front Desk (406) 444-2449 Watercraft Inspection Program Coordinator (406) 444-5383 – Office Watercraft Inspection Specialist (406) 444-5540 – Office
2.Ensure all watercraft vessels and equipment that enter Montana from out of state, crosses the continental divide, or enters the Flathead basin is inspected by FWP prior to launch in an aquatic resource in the State of Montana.
3.Clean, drain, dry all watercraft and equipment according to FWP guidelines after exiting any aquatic resource and prior to launch into or use in another aquatic resource.
4.Submit inspection certification upon request.
208.03.3 Regulations and Permitting
A.General Storm Water Permits. Follow the requirements of the NPDES and MPDES Storm Water Permits. Coverage under the General Permit is required for any construction activity that disturbs an area of at least one acre or has the potential of discharge. DEQ administers the MPDES permit. If the project is located on one of Montana’s Indian Reservations, NPDES permit authorization is issued by the EPA. Permit authorization is obtained by submitting a complete application package, including the NOI to the appropriate regulatory entities. The EPA allows electronic submittal of the NOI. Obtain the permit authorization directly from the DEQ or EPA.
B.Reserved 2020 EDITION V5.1 ENVIRONMENTAL PROTECTION – 208 208-7
C.Construction De-Watering Permit. A Construction De-Watering General Permit Authorization is required for any construction activity that discharges sediment-laden water from the work area, such as cofferdams, trenches, excavation pits, or other work types identified in the permit, to state waters. Obtain authorization from the Water Protection Bureau, DEQ before discharging into any state waters. If sediment-laden water is land-applied and will not reach state waters, then a discharge permit is not required.
D.Short-term Turbidity Standard (318 Authorization). Obtain authorization as required under Section 75-5-318 MCA, for any activity that will cause a short-term increase in turbidity.
E.Clean Water Act Section 404. Follow the provisions of the Federal Clean Water Act, including the requirements of Section 404. Temporary facilities and construction activities in and around waters of the U.S. may be covered by a COE 404 Permit. Adhere to applicable permit conditions and/or NWP Fact Sheets, Regional Conditions, and 401 Certification requirements. Obtain a 404 Permit for temporary facilities and/or construction activities that are not covered by the 404 Permit obtained by the Department for permanent structures. These construction activities may include, but are not limited to, temporary work bridges, work pads, cofferdams, diversions, temporary fills and berms, haul roads, and other work that involves the placement of fill or dredged materials into waters of the U.S. Prepare and submit the application for Department review and submittal to the COE.
F.Section 10 Rivers and Harbors Act Permits. Follow the requirements of the Rivers and Harbors Act, including requirements of Section 10. COE permits are required for structures or work in, over, under or affecting navigable waters of the U.S. In Montana, navigable waters of the U.S. include, but are not limited to the: Kootenai River, Missouri River, and Yellowstone River. Section 10 permits can be issued concurrently with the Section 404 permits described above. Adhere to applicable permit conditions and/or NWP Fact Sheets, Regional Conditions, and 401 Certification requirements.
G.Stream Protection Act 124 (SPA 124). Follow the requirements of the Montana Stream Protection Act (SPA). The SPA is administered by FWP.
1.Meet the requirements listed in Subsection 208.03.2 .
2.Install and maintain BMPs and temporary erosion control measures where appropriate to protect the streams and adjacent areas listed in the contract. Conduct all work in a manner that minimizes turbidity and other disturbance to these areas.
3.All surface applied erosion control and sediment control materials used in or adjacent to the streams listed in the contract must comply with Subsection 713.12 and be comprised of 100% natural fiber and biodegradable material to ensure decomposition. This condition also applies to mesh materials used for wattles, rolled materials, and bank wraps placed within the bed and banks of the streams listed in contract.
4.Limit the clearing of vegetation to only what is necessary for the construction of the project within riparian areas. Restore temporary access routes and any temporarily disturbed areas to original conditions, including original contours and vegetation reclamation.
5.Meet the requirements in Subsection 202.03.1 .
6.Obtain a SPA 124 for temporary facilities and/or construction activities that are not covered under the SPA 124 obtained by the Department. These activities may 208 – ENVIRONMENTAL PROTECTION 2020 EDITION V5.1 208-8 include, but are not limited to, work bridges, work pads, cofferdams, temporary detours, diversions, removal and disposal of existing structures, access, sequencing, and construction methodology. Prepare and submit the application for Department review and submittal to FWP.
H.Reserved
I.Tribal Permits. Work within reservations may require additional permits and submittals to tribal authorities. Coordinate with the Department to determine requirements and receive assistance in obtaining permits.
1.Aquatic Lands Protection Ordinance (ALPO) #117. The ALPO provides regulation of all waters and aquatic lands on the Blackfeet Reservation to prevent or minimize their degradation. Obtain an ALPO permit for any project within or near aquatic resources.
2.The Shoreline Protection Office of the Confederated Salish and Kootenai Tribes (CSKT) Tribal Council. The CSKT administers the following Tribal Ordinances:
a.Shoreline Protection Ordinance 64A. This ordinance is required for any work along the shoreline of Flathead Lake.
b.Aquatic Lands Conservation Ordinance (ALCO) 87A. This ordinance is required for the alteration of aquatic lands, wetlands, or Flathead Reservation waters from activities such as dredging, filling, irrigation diversions and returns, drainage ditches, and maintenance repairs of these resources. Tribal permits are required for construction activities within the project limits and may be required for temporary facilities outside the project limits. If required, coordinate with the Department, and obtain tribal permits from the tribal office for additional activities and facilities not covered by tribal permits obtained by the Department.
J.Floodplain Permit. When a Contract is located within a regulated floodplain, follow the requirements of the Montana Floodplain and Floodway Management Act. All construction projects within a designated 100-year floodplain are required to have a floodplain development permit prior to the start of construction. The local County and City floodplain administrators issue floodplain permits with technical assistance from the DNRC. The Department obtains this permit for permanent facilities. Obtain the Floodplain Permit from the local floodplain administrator for temporary facilities if required. The permanent facilities floodplain permit does not cover the construction of temporary facilities such as work bridges, work pads, cofferdams, temporary detours, diversions, etc. Additionally, this permit does not include access to and from authorized locations, sequencing, or construction methodology required to construct authorized features, or other impacts to areas outside of the planned construction footprint. 2020 EDITION V5.1 ENVIRONMENTAL PROTECTION – 208 208-9
1.Requirements.
a.Contact the local floodplain administrator to determine floodplain permitting requirements, if any, for the temporary facilities and any other work within the floodplain not covered here or within the preconstruction floodplain permit.
b.If a floodplain permit is required, complete and submit the Joint Application for Proposed Work in Montana's Streams, Wetlands, Floodplains, and Other Water Bodies and required information directly to the floodplain administrator according to the floodplain permitting requirements along with the applicable fee. The Joint Application Form can be downloaded from: http://dnrc.mt.gov/divisions/water/operations/floodplain-management/permitting- and-regulations.
c.If a floodplain permit is not required, but the floodplain administrator requires other information, prepare, and submit it directly to the floodplain administrator.
d.Submit the application and other required information concurrently with the submittals required in Subsections 208.03.2 and 208.03.3. Obtain all required permits or authorizations and submit copies or permit approvals before starting activities that require permits.
208.03.4 Plant and Animal Protection
A.Migratory Bird Treaty Act. Complete operations in compliance with the Migratory Bird Treaty Act. Migratory birds (including but not limited to swallows and other songbirds) are protected under the Migratory Bird Treaty Act. It is unlawful to pursue, hunt, take, capture, or kill; attempt to take, capture, or kill; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, exported, imported, transported, carried, or received any migratory bird, part, nest, egg or product, manufactured or not. Direct disturbance of an occupied migratory bird nest (with birds or eggs) is prohibited under the law. The Migratory Bird Treaty Act does not prohibit the destruction of most unoccupied (without birds or eggs) migratory bird nests, provided that no possession occurs during the destruction. The destruction of unoccupied nests of eagles and other threatened and endangered species is not allowed. If further instruction, clarification, or consultation is required prior to or during construction contact the Project Manager who will coordinate with the District Biologist.
1.Vegetation Removal. Perform required cutting of trees or shrubs between August th and April 15th, and when no active nests are present. Remove only those trees and shrubs in direct conflict with the permanent construction limits. Where possible, do not remove, but trim trees and shrubs as necessary for equipment access and construction activities.
2.Structures. Use one or a combination of the following measures for structure removal or work that may directly impact active nests:
a.It is permissible to remove non-active nests (without birds or eggs), partially completed nests or new nests as they are built (prior to occupation).
b.Conduct work that may impact active nests outside of the nesting season, typically between the dates of August 16 and April 15, and when no active nests are present, or
c.Install nesting deterrents meeting the requirements below prior to the nesting season as follows: 208 – ENVIRONMENTAL PROTECTION 2020 EDITION V5.1 208-10
i.Cover or enclose all potential nesting surfaces on the structure tightly with mesh netting or other suitable material to prevent birds from establishing new nests. Use netting or other material with no opening or mesh size greater than ½-inch. Maintain the material/enclosure until the structure is removed or work is completed, or ii. Thoroughly apply a non-toxic, non-lethal, bird roosting or landing repellent gel or liquid (do not use smell or taste deterrents) on all potential nesting surfaces on the structure in accordance with the manufacturer’s instructions. Reapply the repellant as needed to maintain adequate coverage to prevent new nests from being established, or iii. Prepare a description of alternate methods of effectively keeping birds from establishing nests during the nesting season and submit them along with proposed installation dates and methods for review.
3.Structure Maintenance. If the Department has installed nesting deterrents, maintain existing deterrents until the structure is removed or the work is completed to ensure active nests do not become established on the structure. Install additional nesting deterrents as needed. It is permissible to remove non-active nests (without birds or eggs), partially completed nests or new nests as they are built (prior to occupation). Remove the structure when no active nests are present. If active nests become established, remove the structure outside of the nesting season, typically between the dates of August 16 and April 15. Compliance with the Migratory Bird Treaty Act is incidental to other items of the contract.
B.Bald and Golden Eagle Protection Act. Complete operations in compliance with the Bald and Golden Eagle Protection Act. The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c) prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” bald eagles, including their parts, nests, or eggs. The act provides criminal penalties for persons who “take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle or golden eagle, alive or dead, or any part, nest, or egg thereof.” The act defines “take” as “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb.” For purposes of this contract, “disturb” means: “to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle; 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior; or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior.” In addition to immediate impacts, this definition also covers impacts that result from human induced alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagle’s return, such alterations agitate or bother an eagle to a degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, and causes injury, death, or nest abandonment.
C.Endangered Species Act (ESA). Complete operations in compliance with the ESA (16 U.S.C 1531 et seq.). The ESA provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found. The ESA prohibits any taking of a threatened or endangered species. 2020 EDITION V5.1 ENVIRONMENTAL PROTECTION – 208 208-11 The definition of “take” includes to harass, harm, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct.
D.Reserved
E.Bear Habitat. When working within bear habitat, adhere to the following requirements: • Promptly clean up any project related spills or debris. • Camping is allowed in designated camping areas only. • Store all food, food related items, petroleum products, antifreeze, garbage, and personal hygiene items inside a closed, hard-sided vehicle or commercially manufactured bear resistant container. • Remove garbage from the project site daily and dispose of it in accordance with all applicable regulations. • Notify the Project Manager of animal carcasses found in the area. • Notify the Project Manager of bears observed in the vicinity of the project.
F.Forest Protection. Observe sanitary laws and regulations regarding the performance of the work within or adjacent to state or national forests and parks. Keep all areas in a neat condition, dispose of all refuse, and obtain permits for the construction and maintenance of construction camps, stores, warehouses, residences, latrines, cesspools, septic tanks, and other structures. Prevent, suppress, and assist in preventing and suppressing forest fires, and immediately notify a forest official of the location and extent of any fire discovered. Maintain spark arresters to meet the forest Supervisor’s requirements on all steam, gas, or diesel-driven machinery and on all flues at construction camps.
208.03.5 Noxious Weeds
A.Noxious Weed Management. Follow the requirements of the County Noxious Weed Management Act, Section 7-22-21 MCA, Section 80-7-912 MCA and all county and contract noxious weed control requirements. Determine the specific noxious weed control requirements not specified in the contract of each county where the project is located before submitting a bid. Any product containing forage must be noxious weed seed free. Noxious weeds include those species designated by the Montana Department of Agriculture. The most recent list of designated noxious weeds is available from the Montana Department of Agriculture, or local county Extension Service or Weed District. The Montana Department of Agriculture web site with noxious weed information is: https://agr.mt.gov/Noxious-Weeds Clean all equipment and vehicles prior to their transport into the project area. Equipment or vehicles with visible dirt or plant parts will not be allowed into the project area until they are cleaned to the satisfaction of the Project Manager. All costs incurred to meet the county weed control requirements are incidental to other items of the contract.
B.Noxious Weed Control. When Noxious Weed Control is included as a bid item, provide noxious weed control to all lands within the R/W within the project limits. Monitor the construction, borrow and staging areas during the growing season and treat noxious weeds before plants develop viable seed. Noxious weeds may be controlled through hand-pulling or herbicide application. Select the most effective and appropriate 208 – ENVIRONMENTAL PROTECTION 2020 EDITION V5.1 208-12 means of control based upon the species and size of infestation and environmental conditions. If the control is accomplished with the application of herbicides, use only a licensed commercial pesticide applicator certified to apply general and restricted-use herbicides. Use herbicides that meet all applicable state and federal pesticide laws and that are registered with the Montana Department of Agriculture as required by the Montana Pesticide Act. Apply herbicides in a manner that provides immediate control but does not jeopardize or cause potential harm to final reclamation objectives. Follow all applicable state and federal pesticide laws. If it is determined that herbicide application caused or contributed to the failure of reclamation, take corrective action at no additional cost to the Department. Do not perform noxious weed control on areas that have received final seeding.
208.03.6 Seeding
A.Temporary Seeding. Temporarily seed or implement other soil stabilization measures approved by the Project Manager on all disturbed soil areas as required by permits/authorizations. When no permit is required, temporarily seed, or implement other soil stabilization measures approved by the Project Manager on all disturbed soil areas when grading activities will not resume for a period of 14 calendar days or more by the 14th day after the last disturbance. Permanently seed areas not requiring further disturbance if they fall within the seeding dates. Temporarily seed using a sterile variety of Triticale at a rate of 25 lbs. PLS per acre drilled or 50 lbs. PLS per acre broadcast.
B.Erosion Seeding. Conduct erosion seeding on freshly exposed slopes steeper than 3H:1V that will not be top soiled or re-disturbed, unless implementing other soil stabilization measures in accordance with permits or as approved by the Project Manager. Manually broadcast seed on disturbed areas at the completion of each day, regardless of season. Excessively rocky slopes that cannot be excavated by ripping are exempt from erosion seeding. Broadcast seed a sterile variety of Triticale at a rate of 50 lbs PLS per acre. Erosion seeding does not replace or substitute for final seeding activities specified in the contract.
208.03.7 Air Quality
Operate all equipment including, but not limited to, hot mix paving plants, concrete batch plants, generators, aggregate crushers, and screens, etc. to meet the minimum air quality standards and applicable requirements established by federal, state, tribal, and local agencies. Secure necessary air quality permits from the appropriate regulatory entity. Use reasonable precautions to prevent or reduce dust on the project caused by construction operations or traffic, to follow all federal, state, tribal, and local laws, and regulations. Use water, liquid magnesium chloride, liquid calcium chloride, or other dust palliative approved by the Project Manager. Use only Contractor owned water sources or water that is obtained under a purchased water right according to applicable laws. Dust control for compliance with all laws and regulations is not measured for payment. Include the cost for dust control in the item of work being performed that results in dust. Any violations or fines associated with dust control/dust control operations are the responsibility of the Contractor. 2020 EDITION V5.1 ENVIRONMENTAL PROTECTION – 208 208-13 No additional payment will be made for the use or installation of dust or smoke control devices, for the disruption of work or loss of time occasioned by the installation of such control devices, or for any other related reasons.
208.03.8 Discovery of Underground Storage Tanks and Removal of Unknown Hazardous
Materials
A.Underground Storage Tanks. Take the following action if an underground storage tank or tanks are encountered, the existence or location which was previously unknown to the Department or Contractor, on the project within the project limits.
1.Immediately stop work in the vicinity and notify the Project Manager.
2.Immediately notify the local fire authority and protect people and property from fire, explosion, vapor, and other potential hazards, and prevent further release of the tank’s contents. Take all action requested by the Project Manager.
3.Notify the DEQ within 24 hours if there is evidence of soil or groundwater contamination resulting from a tank leak or pipe leak, at: Underground Storage Tank Program Department of Environmental Quality Environmental Remediation Division, Petroleum Technical Section 1-800-457-0568
4.Perform the tank removal and closure work as permitted by DEQ.
5.Do not resume work in the immediate vicinity of the tank or piping until approved by the Project Manager. Costs incurred from the discovery of underground storage tanks within the project limits will be paid for as extra work in accordance with Subsection 104.03 . Costs from the discovery of underground storage tanks outside the project limits are not the Department’s responsibility.
B.Removal of Unknown Hazardous Materials. If hazardous material is discovered within the project limits, the existence or location of which was previously unknown to the Department or the Contractor or not identified in the contract, immediately stop work in that area and notify the Project Manager. Hazardous material includes, but is not limited to contaminated soil, contaminated water, asbestos, PCBs, petroleum, PCPs, hazardous waste, or radioactive material. If the area is determined to pose a hazard to the traveling public, close off all access to the area as directed. Work may continue in unaffected areas believed to be safe. Once notified of the contaminated site, the Department will determine whether a separate Contractor will be used to assess and clean up the contaminated site before permitting the Contractor to resume work in the contaminated area. If the Department determines that the Contractor can perform the work, meet the requirements of Subsection 107.26. The work will be paid for under Subsection 104.03 . Obtain all necessary clearances (procedures, permits, etc.) from the regulatory agencies before starting any work. If the Contractor does not perform the work, it waives any potential claim for itself, its subcontractors, and suppliers for damages for delay from the Department’s securing another Contractor to perform the clean-up work. The Department will equitably compensate the Contractor under Subsection 109.04.3 for costs associated with the delay to work in the affected area.
C.Contaminated Soil. Contaminated soils are generally recognized by a petroleum odor and/or gray or black staining of the native material or fill. If contaminated soils are 208 – ENVIRONMENTAL PROTECTION 2020 EDITION V5.1 208-14 encountered, suspend work, and notify the Project Manager. State and Federal laws require that the discovery of previously unknown contamination be reported within 24 hours of discovery. The Project Manager will coordinate with the Department’s Environmental Services Bureau to report the release to the DEQ or the EPA, if within Tribal lands. Once reported, the Contractor may be advised by the Department to sample the soil to determine disposal or re-use options. Disposal of the soil must be at a licensed soil disposal facility. Analytical testing of the soil at an accredited laboratory will be necessary prior to disposal. Be responsible for compliance with all OSHA, EPA, and DEQ regulations pertaining to worker safety and the excavation of contaminated soil. The Contractor is required to follow all applicable laws, rules and regulations including but not limited to, Section 107 , the Montana Water Quality Act; the Montana Solid Waste Management Act; the Montana Comprehensive Environmental Cleanup and Responsibility Act; the Montana Hazardous Waste Management Act; MC 75-11-301 et seq. (Petroleum Storage Tank Cleanup); and 29 CFR 1910 and 1920 (OSHA); and 40 CFR 260-265 (Hazardous Waste). Obtain and pay for all analytical testing. Testing and disposal of the contaminated soil is measured by the unit of Contaminated Soil for the work performed as directed in writing by the Project Manager. Payment for Contaminated Soil is made in accordance with Subsection 109.04 .
208.03.9 Noise Pollution
Adhere to local noise ordinances, laws, and regulations, and follow all requirements contained in the contract regarding noise pollution.
208.04 Method of Measurement
Temporary erosion and sediment control devices for use within the project limits are measured as lump sum and will not be measured separately. Only erosion and sediment controls within the project R/W and installed in accordance with manufacturer specifications or the Detailed Drawings will be paid for. BMPs and associated permit costs for Contractor furnished material sources, staging areas, plant sites, or any other site not within project limits are not measured for payment. Permit fees and monitoring costs associated with obtaining and maintaining permit coverage for ground disturbance areas both within and outside the project limits are considered incidental to the project and are not measured separately for payment. Normal maintenance of BMPs, in accordance with permit requirements and the contract, are considered incidental to the work and no additional measurements will be made. Maintenance includes: • Removal of BMPs no longer required. • Removal of sediment and debris in front of and around BMPs. • Repair and replacement of incorrectly installed devices. • Mobilization and travel for inspections and maintenance; and • Maintenance until the permit is terminated or transferred. Replacement of satisfactory BMPs requested by the Department at the final inspection will be measured in accordance with the Erosion Control Rate Schedule. 2020 EDITION V5.1 ENVIRONMENTAL PROTECTION – 208 208-15
208.04.1 Temporary Erosion and Sediment Controls - Units
Temporary Erosion and Sediment Control (TESC) devices are measured by the unit of control devices used and accepted. A unit is the base value for establishing the relative value of each type of TESC device. The relative value of each TESC device in units is shown in the Erosion Control Rate Schedule. Temporary and erosion seeding are measured parallel to the ground line and include seedbed preparation, fertilizing and seeding. These will not be used to correct deficiencies of lump sum items.
208.04.2 Protection of Storm Water Drainage Systems
Work performed, including permit applications, necessary to protect the MS4 from contaminants as a result of Contractor operations is not measured for payment. Work performed to prevent pollution and control sediment transport due to storm water are measured as lump sum. If the contract does not have a bid item for Temporary Erosion Control or BMP Administration, work will be measured in accordance with Subsection 208.04.1 .
208.04.3 Reserved
208.04.4 Noxious Weed Control
Noxious Weed Control within the project limits is measured by force account methodology. Noxious Weed Control in areas outside of the project limits is not measured for payment. Work performed within the project limits is paid by units of Noxious Weed Control.
208.05 Basis of Payment
No additional payment will be made for the fees or monitoring costs associated with the General Permit for storm water discharges associated with construction activity. Include these costs in the temporary erosion control bid item. Include fees associated with transferring the permit in the Lump Sum Temporary Erosion Control bid item. BMPs are rendered unacceptable if the following are disregarded: • P rovide erosion and sediment controls that prevent discharges to adjacent properties and/or aquatic resources. • Implement BMPs identified in the SWPPP. • Update the SWPPP as required by the General Permit. • Conduct BMP inspections and submit inspection reports. Payment for BMPs installed will be withheld until SWPPP deficiencies are remedied and the inspection reports have been completed and received by the Project Manager. Payment for the completed and accepted quantities is made under the following: Pay Item Pay Unit BMP Administration Lump Sum Noxious Weed Control Unit Temporary Erosion Control Unit Temporary Erosion Control - LS Lump Sum
208.05.1 Temporary Erosion and Sediment Control - Lump Sum
Partial payment for Temporary Erosion Control will be monthly based on the lump sum contract price as follows: 208 – ENVIRONMENTAL PROTECTION 2020 EDITION V5.1 208-16 TABLE 208-2 TEMPORARY EROSION CONTROL LUMP SUM PROGRESS PAYMENTS % Of Contract Amount Paid % Of Erosion Control Bid Amount First estimate after start of erosion control work 60 25 70 50 80 75 90 Conditional final acceptance 100 Note: If no permit exists, or if the permit has been closed, the final payment interval is at the Project Manager’s discretion. Include the cost of temporary erosion control in the cost of the lump sum item. Anticipate probable adverse weather and stream flow conditions. A request may be submitted for compensation resulting from the addition of BMPs due to conditions meeting Subsection 107.17, unusually severe weather events, or extra work added by change order. Include documentation in the request that demonstrates such an event has occurred. Proper installation and inspection of BMPs must have been met in accordance with Subsection
208.03 1D & E to request additional compensation. Payment for quantities required
by an event or extra work, and approved by the Project Manager, will be measured and paid for in accordance with the Erosion Control Rate Schedule at a unit price of $1.00 per unit. The installation of additional BMPs requested by the Department at the final inspection will be measured and paid for in accordance with the Erosion Control Rate Schedule.
208.05.2 Temporary Erosion and Sediment Control - Units
Temporary erosion and sediment controls are paid for at the contract unit price per temporary erosion control. The units of each type of temporary erosion control paid for will be calculated by multiplying the measured quantity of each device by the assigned value per units shown in the Erosion Control Rate Schedule. Payment for completed and accepted temporary erosion/sediment control devices will be made in accordance with one of the following categories:
1.Category No. 1 - New Installation. When a device is new and used for the first time it will be paid at 100% of the rate schedule.
2.Category No. 2 - Reuse. When a previously used BMP material that meets contract specifications is placed in a new location, it will be paid at 75% of the rate schedule. Maintenance of BMPs, in accordance with the MPDES/NPDES permit(s) and the contract, is not paid for separately. Include this work in the unit price bid for temporary erosion control devices. No additional compensation is made for the removal of BMPs that are no longer required.
208.05.3 Protection of Storm Water Drainage Systems
Prevention of pollution and control sediment due to storm water is paid under the Temporary Erosion Control – Lump Sum or BMP Administration bid items. If there are no bid items for the contract, payment will be made in accordance with Subsection 104.04 and paid as miscellaneous work.
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Source: Standard Specifications for Road and Bridge Construction, 2020 (v5.1) Edition. Pages 179–194 of 611. View official source ↗