603Temporary Erosion and Sediment Control

603.1 Description

This Work consists of preparing a Storm Water Pollution Prevent ion Plan (SWPPP), and constructing, inspecting, and main taining erosion, sediment con trol, and storm water pollution prevention facilities for the discharge of storm water associat ed with construction activity. This Work includes construction phas e activities through final stabi lization. The Contractor shall comply with requirements of Section 603, “ Temporary Erosion and Sediment Control,” and the requirements of NPDES, and if perfor ming Work along or adjacent to live streams, the Contractor shall do so in accordance with the Federal Clean Water Act (33 USC 1251 et seq.), the regulations and requirements of other au thorities with jurisdiction.

603.1.1 Storm Water Pollution Prevention Plan

The Storm Water Pollution Prevention Plan (SWPPP) must satisfy the requirements of the current Construction General Permit, applicable EPA municip al separate storm sewer system (MS-4 Permit) and must contain the following sections, f orms, and information sheet: SWPPP REQUIRED SECTIONS 1. Storm Water Team; 2. Nature of Constr uction Activities; 3. Emergency Related Projects (if applicable); 4. Identification of Other Site Operators; 5. Sequence and Estimated Dates of Construction Activities; 6. Site Map; 7. Construction Site Pollutants; 8. Non-Storm Water Discharges; 9. Buffer Documentation; 10. Temporary Erosion and Sediment Control Plan and Description of Storm Water Control Measures (Construction Phase & Final Stabilization); 11. Pollution Prevention Procedures; 12. Procedures for Inspection, M aintenance, and Corrective Acti on; 13. Staff Training; 14. Documentation of Compliance and Other Federal Requirements; 15. SWPPP Certification; and 16. Post-Authorization Additions to the SWPPP. SWPPP REQUIRED FORMS 1. Notice of Intent (NOI); 2. Storm Water Program; 3. Storm Water Management; 4. NPDES General Construction Storm Water Permit Checklist ; and 5. Contractor Certification for NPDES General Permit for Storm Water Discharges from Construction Sites . An information sheet provided by the NMDOT provides the followi ng: Section 603: Temporary Erosion and Sediment Control Page 619 1. A site description; 2. NOI inputs; 3. Drainage parameters; 4. Runoff, discharge, and volume calculations; and 5. General notes. The information sheet is included in the Plans. For more infor mation on SWPPP, see Section 603.1.1.2, “Department Responsibilities.” The NPDES Co nstruction General Permit, issued by the EPA, requires a SWPPP and submittal of the NOI fo r construction Projects with one (1) acre or more of earth disturbance as defined in the NPD ES Construction General Permit.

603.1.1 1 Final Erosion and Sediment Control Plan

The Final Stabilization Temporary Erosion and Sediment Control Plan (TESCP) prepared by the Department depicts the location, type, and length of tem porary erosion control measures, off-site flows, disc harge locations, and flow paths w ithin the Right of Way on plan sheets at final placement prior to seeding operations. For mor e details on the Final Stabilization TESCP, see Section 603.1.1.2, “Department Respons ibilities.” The Construction Phase Temporary Erosion and Sediment Control P lan (TESCP) prepared by the Contractor depicts the location, type, and leng th of temporary erosion control measures, off-site flows, disc harge locations, and flow paths w ithin the Work area of the Right of Way on construction phasing plan sheets. For more details o n the Construction Phasing TESCP, see Section 603.1.1.3, “C ontractor Responsibilities.”

603.1.1 2 Department Responsibilities

The Department will prepare and include in the Plans a Final St abilization TESCP, a Re- vegetation/Erosion Control Plan, and a SWPPP information sheet. The Final Stabilization TESCP sheets will include the following: 1. Site maps; 2. Drainage patterns; 3. Discharge locations; 4. Approximate slopes; 5. Areas of soil disturbance; 6. Major controls locations; 7. Structural practices; 8. Surface waters (including wetlands); 9. Conditions before and after construction; 10. Right of Way lines; 11. Easements; 12. Existing and new Structures; 13. Existing and proposed Roadway grades; and 14. Detours outside of the Right of Way. The Re-vegetation/Erosion Cont rol Plan sheet will provide a des cription and timing of final stabilization practices. Section 603: Temporary Erosion and Sediment Control Page 620 The SWPPP information sheet will include the following informat ion: 1. Nature of the activity; 2. Total site area; 3. Total disturbed area; 4. Runoff coefficient for pre/post construction; 5. Receiving waters; 6. Latitude and longitude of the site; 7. Estimate of likelihood of discharge; 8. Endangered species or critical habitat; 9. Part 3 of the NPDES General Permit, Water Quality-Based Effl uent Limitations; 10. Basic drainage and site infor mation required for SWPPP deve lopment; 11. MS4 areas; and 12. 303d impaired list.

603.1.1 3 Contractor Responsibilities

Before disturbing any soil, the Contractor shall prepare and su bmit to the Project Manager a Contractor developed S WPPP based on the planned const ruction phasing and schedule. The Contractor shall prepare amendments to the SWPPP as Work progresses or as phasing or scheduling changes a re made. Specifically, the C ontractor shall prepare a Construction Phase TESCP stamped by a Professional Engineer for each construction phase, complying with provisions of the NPDES Construction General Per mit, and include at least the following items or activities: 1. Develop the SWPPP using a comb ination of structural, non-str uctural, and vegetative best management practic es (BMPs) appropriate for the identified location to control erosion and sedimentation and manage storm water dur ing construction activities; 2. Include proposed methods for minimizing or eliminating pollu tion of streams, lakes, reservoirs, canals, and other wa ter impoundments from storm wat er discharge associated with constr uction activities; 3. Do not start earth—disturbing activities until the Contracto r developed SWPPP has been submitted and the NOI is active; 4. Refer to the recommendations in the current version of the D epartment’s National Pollutant Discharge Elimination System Manual: Storm Water Man agement Guidelines for Constr uction and Industrial Activities; 5. Provide a signed, certified statement that states the terms and conditions of the NPDES General Permit are fully understood. Include a statement of intent to fully implement the SWPPP as proposed or modified at the pre-construc tion meeting in the certification; and 6. Maintain the SWPPP in accordanc e with the NPDES Construction General Permit until final grading, erosion cont rol, and seeding operation com pletion.

603.1.2 Retention of Records

The Contractor shall retain and maintain SWPPP changes as requi red by the NPDES General Permit. The Contractor shall include copies of the per mit language and inspection and maintenance reports in the SWPPP. The Contractor shall pre pare inspection and maintenance reports from commenc ement of earthwork activities t o Project completion. The Contractor shall deliver the SWPPP to the Project Manager at Pr oject completion. The Section 603: Temporary Erosion and Sediment Control Page 621 Contractor shall ensure that these records are available to the public at all times.

603.1.3 Notice of Intent (NOI)

The Contractor shall provide a copy of the electronic NOI (eNOI ) to the Project Manager that meets the NPDES General Permit requirements for discharge of storm water associated with construction activities. The Department and the Contractor will prepare and submit separ ate eNOIs to the EPA, designating the status of owner/operator. The Contractor shall not begin earth-disturbing activities until the eNOIs are listed on the EPA website as “ac tive.” The EPA will post eNOI approvals on their website. The Contractor shall submit a copy of the Contractor’s eNOI to the Project Manager. 603.1.4 Notice to Termination (NOT) The Contractor shall prepare and submit a NOT to the EPA within 30 Days after Project completion, indicating that the operator of the Project has cha nged to the NMDOT. The Contractor shall provide a copy o f the submittal to the Project Manager.

603.1.5 Off-Site Pollution Prevention Plan

The Contractor shall prepare and submit a SWPPP, eNOI, and NOT, if required, to appropriate agencies for Work perfo rmed outside the Project Rig ht of Way. The Contractor is responsible for all associated NPDES requirements for the off-s ite locations. The Contractor shall comply with NPDES requirements for off-site locations. T he Contractor shall provide a copy of each off-site submi ttal to the Project Manager.

603.1.6 Liquidated Damages

Failure to comply with the NPDES program may result in EPA cita tions. If the Contractor does any of the following, the Department wil l assess liquidated damages in accordance with Table 603.1.6:1, “Liquidated Damages Schedule:” 1. Fails to maintain temporary erosion control measures in acco rdance with Section

603.3 6, “Erosion Control In spection and Maintenance;”

2. Fails to document inspection and maintenance activities (as required by the General Permit); or 3. Fails to document, in a Corrective Action Report (as require d by the General Permit), field changes of erosion control measures as directed in writing by the Project Manager. Table 603.1.6:1 Schedule of Liquidated Damages Total Original Contract Amount ($) Charge ($) per Day ≤2,000,000 500 >2,000,000–5,000,000 1,000 >5,000,000–10,000,000 1,500 >10,000,000 2,000 The Project Manager will keep a sc hedule of noncompliance that the Department will use to calculate liquidated damages. The Department will assess li quidated damages until the Section 603: Temporary Erosion and Sediment Control Page 622 Project Manager issues a written not ice of compliance to the Co ntractor. If the Contractor’s failure to adhere to the NPDES General Perm it requirements results in a fine assessed against the Department, the Contractor shall re imburse the Department within ten (10) Days of the assessment. If the Contractor does not re imburse the Department within the ten (10) Days, the Department may pay the fine assessed and withhold the fine amount from the Contractor’s next partial payment.

603.2 Materials

603.2.1 General

The Contractor shall provide Materials for erosion, sediment co ntrol, and storm water pollution prevention measures tha t consist of siltation fences, socks, rock, riprap, soil retention blankets, or other Acceptable m easures approved by the Project Manager.

603.2.2 Slope Drains

The Contractor shall provide Materials for slope drains that co nsist of pipe, flexible pipe, and riprap. The Project Manager may approve the use of other M aterials.

603.2.2 1 Pipe

See Section 570, “Pipe Culverts” for approved types of pipe.

603.2.3 Geotextiles

603.2.3 1 Drainage Geotextiles

The Contractor shall provide drainage geotextiles (Class B drai nage applications) for silt fence in accordance with Section 604, “Soil and Drainage Geotex tiles,” unless otherwise specified in the Contract.

603.2.3 2 Soil Retention Blanket

The Contractor shall provide a soil retention blanket from the Department’s Approved Products List, or as specified in the Contrac t and approved by the Project Man ager.

603.2.4 Riprap

The Contractor shall provide riprap and rock plating in accorda nce with Section 602, “Slope and Erosion Protection Structures.”

603.2.5 Temporary Soil Stabilant

The Contractor shall provide a temporary soil stabilant from th e Department’s Approved Products List, or as specified in the Contrac t and approved by the Project Man ager. The Contractor shall ensure that the soil stabilant contains an anti-foaming agent and color additive to assist in its uniform application and disappe ars from the surface within 36 hours after application.

603.2.6 Composted Mulch Socks

The Contractor shall core Material (Composted Mulch): See Sect ion 632, “Revegetation” Section 603: Temporary Erosion and Sediment Control Page 623 for composted mulch Specificati ons. The core Material shall be 100% composted mulch as per Section 632, “Revegetation.” Containment Mesh: The Contractor shall furnish containment me sh 100% biodegradable, photodegradable such as burlap, twine, UV photod egradable plastic, polyester, or other Acceptable Material as directed by the Project Manager . The mesh should not exceed 3/8 inch in diameter. The Contractor shall furnish biodegradable or photodegradable containment mesh when the socks will remain in place as part of the permanent or temp orary vegetative Plan. The containment mesh shall be great er than nine (9) inches in heigh t after being packed. The containment mesh shall be densely packed so that the socks do n ot deform.

603.3 Construction Requirements

603.3.1 General

The Contractor shall apply appropriate erosion and sediment con trol measures for construction activiti es per the Accepted Contractor developed S WPPP. The Contractor shall install temporary erosion and sediment con trol features and maintain until final grading, erosion control, and seeding oper ations completion. The Contractor shall incorporate permanent erosion and sediment control measures, such as riprap pads or other forms of energy dissipaters at the outlets of Structures, into the Project at the earliest practical time, as directed by the Proj ect Manager.

603.3.2 Contractor’s Operations

The Contractor shall keep constr uction activity to a minimum wi thin the Project Right of Way, adjacent to the Project, to prevent damage to vegetation. The Contractor shall repair damage or disturbance to areas, not necessary for construction of the Project, at no additional cost to the Department. The Contractor shall keep construction areas in an orderly cond ition and promptly dispose of refuse and discarded Materials. As directed by the Project Manager, the Contractor shall provid e erosion and sediment control measures necessary to correct negligent or improper ins tallation, at no additional cost to the Department.

603.3.2 1 Sequence of Operations

Before Work begins, the Project Manager and the Contractor will conduct a site inspection to review the planned e rosion control protections. The Contractor shall use the Contractor developed SWPPP for this review. The Contractor shall coordinate the placement and maintenance o f the temporary and permanent erosion and sediment control measures shown in the Co ntractor developed SWPPP. The Department will assess liquidated damages, in accordance wi th Section 603.1.6, “Liquidated Damages,” if the Contra ctor begins earth-disturbing Work before the following: Section 603: Temporary Erosion and Sediment Control Page 624 1. Submission of the eNOI and obtaining notification of permit coverage; or 2. Placing erosion control measures.

603.3.2 2 Watercourse Protection

The Contractor shall provide fi ltration or settling basins to t reat water used to wash aggregate or water used for similar operations. The Contractor shall locate and construct waste disposal areas and haul Roads to prevent sediment from entering streams and water impoundment ar eas, or leaving the Project. The Contractor shall not operate mechanized Equipment in perenn ial streams, unless otherwise specified in the Contract. The Contractor shall use temporary Bridges or other crossing St ructures constructed of non-erodible Material, where freq uent stream crossings are nece ssary. The Contractor shall clear fal se Work, piling, debris, and othe r obstructions placed during construction from streambeds, arro yos, and watercourses as soon as possible. The Contractor shall not allow waste from haul truck cleaning to dr ain into watercourses. The Contractor shall provide the necessary buffer protection fo r adjacent surface waters as required by the General Permit.

603.3.3 Temporary Soil Stabilant Application

The Contractor shall apply temporary soil stabilant to exposed areas not being worked. The Contractor shall begin stabilization within one (1) Work Da y after Work ceases, unless construction resumes within 14 Days after Work ceases. The Contractor shall follow the manufacturer’s recommendations for storage and application of the soil stabilant. The Contractor shall mainta in the rate of application recommended by the manufacturer. If the soil stabilant does no t produce the required results; the Project Manager and the Department’s Landscape Architect ma y modify the manufacturer’s application rate. The Contractor shall reapply stabilant to areas of continued er osion and Contractor activity within four (4) weeks after the initial application at no additional cost to the Department, as directed by the Project Manager.

603.3.4 Composted Mulch Socks

The Contractor shall install the socks near the downstream peri meter of the disturbed area as shown on the final SWPPP to intercept sediment from she et flow or as inlet protection as directed by the Project Manager. Close contact between the earth and sock should be maintained by removing remaining vegetation, rocks, debris, and dirt clods. The socks will be interlocked or overlapped at the ends. Anchoring should be adequate to pre vent displacement during de sign rain events and to prevent flow under the socks. The anchors will be two (2) inch by two (2) inch wooden stakes, APL product, or as approved by the Project Manager. Wooden sta kes shall be placed at ten

603.3.5 Earthwork Operations

The Contractor shall protect sl opes as excavation or Embankment construction progresses. The Contractor shall maintain and protect the earthwork in Road way sections through all construction stages to prevent s ediment from leaving the constr uction limits. The Contractor shall provide te mporary slope drain facilities t hat can collect runoff and carry it to the slope bottoms. The Contractor shall use drain Materials capable of length change as earthwork operations progress.

603.3.6 SWPPP Inspection and Maintenance

The Contractor shall inspect and maintain the Project site for NPDES compliance during the Project. The Contractor shall inspect and maintain install ations at the following frequencies, per the General Permit: 1. At least once every seven (7) Calendar Days; or 2. Once every 14 Calendar Days and within 24 hours of a 0.25 in ch or greater rainfall event; or 3. For Arid, Semi-Arid, or Drought-Stricken Areas. The Contrac tor may reduce the frequency of inspections to once per month and within 24 hours of the occurrence of a storm event of 0.25 inches or greater if your site is located in an arid, semi-arid, or drought-stricken area, as these terms are defined in Appendix A of the Construction General Permit, and constructi on is occurring during the season ally dry period or during a period in which drought is predicted to occur. The Co ntractor must document that they are using this reduced schedule and the begi nning and ending dates of the seasonally dry period in the SWPPP. Maintenance Work includes, but is not limited to, repair of dam aged installations, removal of trapped sediment, and cleaning of any silt fence. The Contr actor shall remove accumulated silt when the control installation becomes 50% filled. The Con tractor shall inspect disturbed areas, Material storage areas, discharge locations, and structu ral control measures. The Contractor shall inspect vehicl e entrances and exits for Materi al being tracked off-site. The Contractor shall document each inspection on the SWPPP Inspection Form provided by the Department. The Contractor shall submit the inspection report signed by a NPDES-trained and qualified person to the Project Manager within 24 hours aft er the inspection. The Contractor shall include copies in the Contractor’s SWPPP. The Contractor shall install a rain gauge at the Project site t o track rainfall amounts for the inspection schedule. The Contractor shall designate the person responsible for the S WPPP on the qualification form provided by the Department, and sign. The C ontractor shall ensure that the person is familiar with the Project SWPPP and document the resp onsible person’s experience and training on the qualification form. The Contractor shall i nclude it with the SWPPP. The Project Manager will assign a qua lified Department representati ve (with qualification form) experienced and trained in implementing BMPs. The Contractor shall repair damaged erosion and sediment contro l installations within three (3) Days of an inspection or following notification by th e Project Manager that repairs are required. Section 603: Temporary Erosion and Sediment Control Page 626 If a damaged erosion control installation could result in sedim ent discharge into a live stream, water impoundment, or other body of water, the Contract or shall initiate repairs within 24 hours or sooner, as necessary o r as directed by the Project Manager. The Contractor shall maintain erosion and sediment control inst allations specified to remain following completion of the Work until the Project is co mpleted. The Contractor shall dispose of erosion and sediment control in stallations in accordance with the Contract or as directed by the Project Manager.

603.3.7 Removal of Control Installations

The Contractor shall remove temporary erosion and sediment cont rol installations and features from the Project area when no longer required, unless otherwise specified in the Contract or directed by the Project Manager. After removing te mporary erosion control installations, the Contractor shall restore ground lines, cover , and features as closely as possible to original condition. Removed sediment may be deposit ed at locations within the Right of Way, if approved by the Project Manager. Where removed sediment is deposited in pr eviously undisturbed areas, the Contractor shall reseed t hose areas at no additional cost t o the Department.

603.4 Method of Measurement

The Department will measure check dams along the crest of the d am.

603.4.1 SWPPP Plan Preparation and Maintenance

The Department will reimburse the cost to prepare the SWPPP, pr epare and install all BMPs for the Construction Phase T ESCP, and maintain the Constru ction Phase TESCP BMPs under pay item SWPPP Plan Preparation and Maintenance.

603.5 Basis of Payment

Pay Item Pay Unit Silt Fence Linear Foot Check Dam Type ____ Linear Foot Earth Dike Linear Foot Pipe Slope Drain Linear Foot Sediment Trap Cubic Yard Soil Retention Blanket Square Yard Temporary Soil Stabilant A c r e Culvert Protection Square Yard Drop Inlet Protection Type ____ E a c h SWPPP Plan Preparation and Maintenance Lump Sum Composted Mulch Socks Linear Foot SWPPP Plan Preparation and Maintenance includes SWPPP preparat ion, BMPs, installation of BMPs, inspection, and maintenance of erosion an d sediment control measures, preparation of inspection repor ts, updating and/or modifying, m aintaining, and retaining the SWPPP and other related records.

603.5.1 Work Included in Payment

The following Work and items will be considered as included in the payment for the above item(s) and will not be measured or paid for separately: 1. Cleaning and maintenance of the temporary erosion and sedime nt control measures; 2. Posts, hardware, and appurtenances of the temporary erosion and sediment control measures; 3. Riprap for pipe slope drains and sediment traps; 4. Excavation and dispos al of sediment deposits; 5. Removal and disposal of tempor ary erosion and sediment contr ol measures, if required; 6. Subsequent applications of temporary soil stabilant due to u nsatisfactory results; 7. Removal and replacement of t he measure at the same location due to construction; and 8. Relocation of BMPs duri ng phasing and final placement.

603.5.2 Partial Payments

The Department will make an initial partial payment for SWPPP Plan Preparation and Maintenance upon receipt and Acceptance of the Contractor SWPPP based on th e following equation: P 1 = L x 0.20 (1) Where, P1 is the initial partial payment upon receipt and approval of Con tractor SWPPP. The Department will make monthly partial payments for SWPPP Plan Preparation and Maintenance based on the rate of progress of the Project, less previous par tial payments for this item. The Department will calculate partial payments in a ccordance with the following equation: P2 = [(A x L)/B] – C (2) Where, P2 is the partial payment during the progress of the Project L is the Total Bid Amount for SWPPP Plan Preparation and Maintenance A is the number of Days charged the Contractor toward completion of the Project B is the Contract Time C is the total amount of previous par tial payments for this item. Section 604: Soil and Drainage Geotextiles Page 628