54 undertaken around fire hydrants until provisions for continued serv ice have been approved by the local fire authority.
107.18 Furnishing Right -of-Way :
The Division will be responsible for securing all necessary right -of-way in advance of construction. Any exceptions will be indicated in the Contract.
107.19 Personal Liability of Public Officials :
In carrying out any of the provisions of t hese Specifications, or is exercising and power or authority granted to them by or within the scope of the Contract, there shall be no liability upon the Commissioner, Engineer, or their authorized representatives, either personally or as officials of the State, it being understood that in all such matters they act solely as agents and representatives of the Division.
107.20 No Waiver of Legal Rights :
The Division shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materi als furnished by the Contractor, nor from showing that any such measurement, estimate or certificate is untrue or is incorrectly made, nor that the work or materials do not in fact conform to the Contract. The Division shall not be precluded or estopped, notwithstanding and such measurement, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor or sureties, or both, such damage as it may sustain by reason of their failure to comply with the terms of the Contract. Neither the acceptance by the Division or any representative of the Division, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the Division, shall operate as a waiver of any po rtion of the Contract or of any power reserved or of any right to damages. A waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach.
107.21 Protection of Rivers, Streams, and Impoundments :
107.21.1 Erosion and Sedimentation Control: The Contractor shall be responsible for
water quality throughout the duration of construction in accordance with the National Pollutant Discharge Elimination System (NPDES) permit registration with the West Virginia Department of Environmental Protection ( WVDEP). Any project with less than 1 acre of Earth disturbing activities will include a Letter of Non - registration (LONR). The Contractor shall provide the WVDOH with an Erosion and Sediment Control Plan and use erosion and sediment control Best Managem ent Practices (BMPs) for any work that has the potential to affect water quality. NPDES registration, modifications, and fees for Alternative Delivery/Design Build Projects with earth disturbing activities of 1 acre or more shall be the Contractor’s responsibility. The WVDOH shall not be a NPDES Co -Applicant/Co -Permittee for Alternative Delivery/Design Build Projects. The WVDOH will provide for information purposes only and for possible use in the contractor’s Storm Water Pollution Prevention Plan (SWP PP):
a.Estimated start and completion dates for the project.
b.List and name all receiving stream(s).
c.Topo map with the Limit of Disturbance (LOD) and receiving streams identified.
d.Sequence of Construction Activities. 55 e. Drainage Report, including the following :
i.Drainage area maps for construction site discharges points. Note: Discharge points are all locations where the project stormwater leaves the site or enters a stream. ii. Pre-Construction Drainage Maps, including 1 year 24 -hour discharge calculations for each discharge point. iii. Post Construction Drainage Maps, including 1 year 24 -hour discharge calculations for each discharge point. iv. Ditchline and pipe sizing calculations.
v.Discharge points and drainage analysis for completed project. vi. Permanent Stormwater Manageme nt design details. vii. For Large Construction Projects (3 Acres or more of earth disturbing activities) with post -construction peak discharge 10% (or more) greater than the pre - construction peak discharges of 5 cubic feet per second or more for the 1 -year, 24 - hour storm: Post -construction stormwater management BMPs must be implemented to reduce potential location erosion at the discharge point. (Include calculations with permit application) Calculations and justification must be submitted if post -construction s tormwater management features are deemed unnecessary.
f.Tier 2 or Tier 3 Stream Protection Designation (as designated by the WVDEP), Stream with an approved sediment -related Total Maximum Daily Load (TMDL).
g.Preliminary Site Plan (Maps) showing Limits of Disturbance in a closed polygon and projected in NAD83 WV State Plane Coordinate System in ArcGIS Shapefile (.shp) or Google Earth (.kmz or .kml).
h.Municipal Separate Storm Sewer Systems requirements (Design Directive 506) if applicable.
i.Soil maps https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm . Prior to commencing construction activities, t he Contractor shall be responsible for Developing and implementing a site -specific Storm Water Pollution Prevention Plan (SWPPP) and Groundwater Protection Plan (GPP). Additionally, a Karst Mitigation Plan (KMP) is required on projects located in: Berkeley, Fayette (south of CR 25), Grant, Greenbrier, Hampsh ire, Hardy, Jefferson, Mercer, Mineral, Monroe, Morgan, Monongalia (east of I -79) Pendleton, Pocahontas, Randolph, Summers, and Tucker Counties. The KMP must be included in the West Virginia Department of Environmental Protection (WVDEP) NPDES registration . The Contractor shall provide the WVDOH with the following details:
1.Construction details and all information necessary to demonstrate that the Contractor’s SWPPP and GPP satisfy all conditions of the NPDES Permit. In addition to the information the WVDO H provides for the Contractor’s use if applicable.
2.The Contractor’s SWPPP must include During -Construction Drainage Maps include 1 year 24 -hour discharge calculations for each discharge point.
3.Each road or access road shall be classified as either permanen t or temporary and categorized by construction activity: New, improved, incidental construction activity, or maintenance only. Temporary roads shall be reclaimed as soon as practical after they are no longer needed for operations. New or improved roads shall be designed with the complete specifications along the entire road.
4.Incidental construction activity necessary to address rills, gullies, or other drainage issues, shall be designed with the complete specifications on that specific segment. 56 5. Prelimin ary Site Plan (Maps) showing Limits of Disturbance in a closed polygon and projected in NAD83 WV State Plane Coordinate System in ArcGIS Shapefile (.shp) or Google Earth (.kmz or .kml).
6.Stormwater Pollution Prevention Plan; Project Site specific detail, ph asing and projected schedule, Best Management Practices, Enhanced Best Management Practices (if applicable), Tier 2 or Tier 3 Stream Protection Designation (as designated by the WVDEP), Stream with an approved sediment -related Total Maximum Daily Load (TMD L), Cross -sections, Plan and Profile, Slope Stability Analysis, Soils, Location of topsoil stockpiles. Note: As per WVDEP requirements, the site maps and plans shall contain a North arrow with sites oriented to the North, with a minimum of five -foot topogr aphical contours.
7.Soil maps https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm .
8.Designating a "Qualified Person" for Stormwater Pollution Prevent ion Plan development, compliance inspection, and corrections.
a."Qualified Person" means a person who is knowledgeable in the principles and practices of sediment and erosion controls, pollution prevention, and possesses the education and abilities to assess conditions at the proposed site that could impact stormwater quality and to assess the effectiveness of proposed stormwater controls to meet the requirements of this permit.
9.Initial inspection by Qualified Person for compliance with proposed plan & proper installation.
10.Frequency of inspections:
a.For Projects discharging into Tier 1 Streams (as designated by the WVDEP) inspection of all erosion and sediment control BMPs within disturbed areas at least once every seven (7) calendar days and within 24 hours after any precipitation event greater than 0.25" per 24 hrs. period.
b.For Projects discharging towards Tier 2, Tier 3, or 303(d) Streams (as designated by the WVDEP) Inspection of all erosion and sediment control BMPs within disturbed areas at least once every four (4) calendar days and within 24 ho urs after any precipitation event greater than 0.25" per 24 hrs. period.
11.Verification that temporary seeding & mulching is occurring within 4 days when areas will not be re -disturbed for more than fourteen ( 14) days. Any defective controls identified du ring the inspection must be repaired and/or installed correctly within 24 hours and corrections verified upon re -inspection by the Qualified Person within 48 hours. Permanent seeding and mulching within four ( 4) days of reaching final grade. Final stabiliz ation within four ( 4) days after construction has been completed.
12.Installation of discharge point/outlet signs/markers.
13.Waste and Borrow Site Plans
a.Offsite waste and/or borrow plans and controls • Note: Separate NPDES CSW General Permit Registration (if applicable)
b.Cross -sections, Plan and Profile
c.Slope Stability Analysis
14.Groundwater Protection Plan; Project Site specific detail (including the design of the concrete washout if applicable)
15.The GPP shall include the following elements:
a.A de scription of the operations, processes and materials present at the facility that may affect or contaminate groundwater. 57 b. Procedures and containment facilities to protect groundwater resources from the potential contaminants.
c.MSDS sheets
d.These processes an d facilities shall be identified on a facility map.
e.The GPP must be signed by someone with signature authority for the applicant. Note: Signature Authority: a responsible corporate officer (President, Vice Pres. Secretary, Treasure), principal executive o fficer or ranking elected official, Senior Executive Director or a letter of delegation of authority for the signatory is provided that is signed by one of the above. The Division will review the documents for completeness and provide the Contractor with comments, if required, within:
i.Fifteen ( 15) calendar days of receipt of all required documents for Minor Construction Projects (1 to 3 acres of disturbance). ii. Thirty ( 30) calendar days for projects for Large Construction Projects (3 acres or greater of disturbance), however projects over 100 acres, will allow a sixty ( 60) calendar day review period. If revisions are required, the Contractor shall revise documents and resubmit to the Engineer, and Division’s review time is restarted. Once submitted to WVDEP, the expected approval time is anticipated to be:
i.Ninety ( 90) calendar days for minor construction projects (1 to 3 acres of disturbance). ii. One hundred eighty ( 180) calendar days for large construction projects (3 acres or greater of dist urbance). West Virginia Code of State Rules Title 47 Series 10 requires any person proposing a new discharge to submit an application at least 180 days prior to commencing construction of the facility, unless permission for a shorter time period has bee n granted by the Director of Water and Waste Management. Any person with an existing permit shall submit a new application at least 180 days before the expiration date of the existing permit unless permission for a shorter time period has been granted by the Director. The WVDEP determines that a NPDES permit registration is Administratively Complete when the application form is accepted and the permit fee is paid. The WVDEP determines that a NPDES Permit Registration Submission is Complete when Applica nt/Permittee has submitted all information required to meet the conditions of the NPDES General Permit and the WVDEP approves said submission. Projects with public notice requirement shall warrant an additional forty -five ( 45) calendar days of review/appro val time. Delay in WVDEP approval in excess of the above shall be considered an Excusable Noncompensable Delay in accordance with Section 108.6.2. The Contractor shall prepare a Spill Prevention, Control and Countermeasures (SPCC) plan that itemizes spe cific measures that will be implemented to prevent and clean up chemical and petroleum product spills that may occur during all phases of construction. Fuel storage and refueling activities, equipment maintenance activities and equipment washing will be k ept at least 500 feet away from any watercourse or wetland. The Contractor shall implement a Quarterly Employee training program for all on -site personnel directly involved with construction activities at all levels of responsibility that reiterates the components and goal of the SWPPP. At a minimum the training shall address:
i.Spill & leak response and internal reporting, good housekeeping, and routine inspection & maintenance. 58 ii. Training: Date, Time, Location, Attendees, Subjects Discussed. SWPPP templ ate, GPP template, and guidance documents are located at: https://dep.wv.gov/WWE/Programs/stormwater/csw/Pages/home.aspx . Flocculants, or oth er treatment chemicals may be used only in accordance with good engineering practices and the manufacturer/supplier specifications. Dosing rates shall be specified, and material safety data sheets (MSDS) shall be included in the contractor’s SWPPP and GPP, maintained on site, and available for inspection. Any details not shown in the plans shall be in accordance with the latest version of the West Virginia Department of Environmental Protection, Erosion and Sediment Control Best Management Practices Manual . In the event that temporary erosion and sediment control measures are necessary due to the Contractors’ negligence, carelessness or failure to install permanent controls as part of the work as scheduled, such work shall be performed by and at the expense of the Contractor. Earth disturbing activities shall not be initiated until the WVDEP has approved the NPDES permit modification, SWPPP, GPP, and KMP (if required). The Division will not be responsible for any delays in ob taining WVDEP approval of the NPDES permit modifications due to the timeliness of WVDEP’s review or the contractor’s failure to provide a complete SWPPP, GPP, KMP (if required) or submit corrections and/or additional information required by WVDEP in a time ly manner; however, delays due to WVDEP’s failure to review NPDES submissions with regulatory times are considered an Excusable Noncompensable Delay in accordance with Section 108.6.2. Any additional/future NPDES permit registration modification applicat ions shall be the Contractor’s responsibility and shall by submitted by the Contractor through the WVDEP Electronic Submission System (ESS). During construction the Contractor shall be responsible for:
1.Implementing remedial action to correct and/or repai r failing erosion and sediment control features.
2.Implementing storm and winter shutdown procedures.
3.Shaping the earthwork prior to the suspension of grading operations each day in a manner that will permit storm runoff with minimum erosion.
4.Installing, ope rating and maintaining erosion and sediment control features in an acceptable condition.
5.Cleaning out and restoring to original conditions any erosion or sediment control feature that has reached half of its capacity. For sediment basins, one half of its capacity is considered as wet volume storage.
6.Providing the WVDEP with an Annual Progress Map if permitted for longer than one year
7.Directing the construction, operation, maintenance and dismantling of temporary erosion and sediment control features. In addition to the above, the Contractor shall be familiar with all requirements contained within the WVDEP’s General Water Pollution Control Permit, Stormwater Associated with Construction Activities Permit Number WV0115924 or latest applicable replacement permit. The WVDOH will consider the contractor’s requests for additional compensation if the reissued or new NPDES Permit has additional requirements that were not in place at the time the bid package was assembled. A copy of this permit can be found at the following internet address: http://www.dep.wv.gov/WWE/Programs/stormwater . 59 Noncompliance with permit conditions constitutes a violation of the Federal Cle an Water Act and State Code and is subject to enforcement action by the WVDEP. The Contractor shall be responsible for any Notices of Violation, enforcement actions and/or fines associated with any violations. If the Contractor incurs a fine for any Noti ce of Violation and Consent Order, the Contractor must provide the DOH Project Supervisor documentation that the fine is paid or the amount of the fine will be withheld from the Contractor’s next invoice. At the Project’s Pre -Construction Conference, the Contractor shall submit to the Division the SWPPP, GPP, KMP (if applicable), the Co -Applicant #1 signature page (Exhibit 1) and the Contractor’s Qualified Person/Erosion and Sediment Control (E&S) Manager’s Contact information. The Contractor’s E&S Mana ger’s contact information shall contain: the name, title, mailing address, and telephone number(s) of the person who is responsible for the Erosion and Sediment Control plans, implementation, maintenance, etc., for the life of the NPDES registration. Upon completion of the Pre -Construction Conference, the Division will review the SWPPP, GPP, and KMP (if applicable). The Division will provide comments to the contractor concerning any deficiencies in the SWPPP, GPP, and KMP (if applicable). This review shall be considered as an effort by the Division to assist the contractor in meeting the NPDES Permit requirements. Only the WVDEP has the authority to approve NPDES registration documents. Once any necessary corrections and/or additional information are submitted by the contractor, the Division will modify the existing NPDES registration for this project to make the Contractor the number one Co -Applicant to the permit. Once this is completed, the Contractor shall be responsible for any and all fees, vi olations, or fines assessed against the project that result from the Contractor’s negligence, carelessness, or failure to install permanent controls as part of the work as scheduled. If any of the components of the approved SWPPP prove ineffective at min imizing or preventing sediment laden stormwater from leaving the project site, the contractor shall implement additional BMPS, modify the SWPPP, and modify the NPDES permit registration to provide a more effective means of controlling/eliminating erosion a nd sediment from the stormwater runoff. If approved BMPS are ineffective at protecting receiving waters and the contractor is unable to identify and employ BMPS capable of preventing sediment laden runoff from leaving the project site the contractor shall immediately cease further land disturbance until such time that the unauthorized discharge ceases. Once the project is complete, the Contractor will still bear responsibility for the NPDES registration until either a Notice of Termination (NOT) is receiv ed from the WVDEP or the Contractor has received final payment for the project. If an NOT has not been received by the time the final payment is made, the Division will modify the NPDES registration to remove the Contractor’s name from the registration. Exhibit 1 can be located online at: https://transportation.wv.gov/highways/TechnicalSupport/specifications/107.21.1EnSExhibit 1/Pag es/default.aspx . The Contractor will be advised if the project is located within an urbanized area with respect to the NPDES Municipal Separate Storm Sewer System (MS4) Permit. The MS4 permit requires on -site manageme nt of the runoff from the first one (1) inch of rainfall from the additional impervious area (if >5,000 sf) for an average 24 -hour storm preceded by 48 hours of no measurable precipitation or provide equal benefits for water quality. The contractor is advi sed that any proposed changes or substitutions to the project may require additional stormwater management mitigation and any costs associated with such mitigation shall be 60 borne by the contractor at no additional cost to the Division. The contractor shall allow seven (7) calendar days for the Division and the local MS4 authority to review and comment on the proposed changes. Additionally, changes or substitutions proposed by the contractor shall be approved by the Division in advance of implementing any ch anges. Post -construction stormwater management shall comply with the WVDOH MS4 stormwater management plan requirements of NPDES general permit registration no. WVR30004 or the latest applicable registration number. Periodic inspections of the site and BM P’s will be conducted by representatives of the WVDEP to ensure compliance with the conditions and requirements of the NPDES permit. Representatives of other resource agencies may also conduct site inspections throughout the life of the construction contra ct.
107.21.2 Pollution: The Contractor shall exercise every reasonable precaution throughout
the life of the Project to prevent pollution of rivers, streams, or impoundments. Pollutions such as chemicals, fuels, lubricants, bitumen, raw sewage, products associated with bridge cleaning and painting, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments, or into natural or man -made channels leading thereto. The quality of the surface waters affected by construction shall meet the requirements of the West Virginia Code, Volume 8A, Chapter 22, Article 11.
107.21.3 Basis of Payment: Except when pay items are specifically described and
furnished as pay items in 642, Temporary Pollution Control, the wate r pollution and erosion and siltation control requirements set forth shall be at the expense of the Contractor.
107.22 Plant Pest Regulations :
The indiscriminate movement of nursery stock, hay or straw mulch, equipment and soil samples into and out of West Virginia constitutes a potential hazard to State and National Agriculture. Therefore, it shall be the responsibility of the prime Contractor to comply with all applicabl e State and Federal Plant Pest Regulations in the fulfillment of this contract. Information regarding these regulations may be obtained from Plant Pest Control Division, West Virginia Department of Agriculture, Charleston, West Virginia 25305, or United States Department of Agriculture, Agriculture Research Service, Plant Pest Control Division, P.O. Box 1257, Roanoke, Virginia 24001.
107.23 Air Pollution Control :
The Contractor shall exercise every reasonable precaution throughout the life of the project to keep air pollution to a minimum. The Contractor shall also comply with the applicable regulations of the West Virginia Air Pollution Control Commission. During times of limited dispersion, construction operations may be suspended. All plants in West Virginia producing bituminous concrete for the Division shall obtain a permit or certification from the West Virginia Air Pollution Control Commission.
107.24 Clean Water Act/Wetlands :
The Contractor will comply with all aspects of Section 404 of the Clean Water Act including any and all regards to wetlands on all work associated with the project. A wetland will not be filled or disturbed on the project or any work related to the project such as a haul road , waste area, borrow pit or any other act ivity without a permit.
Source: West Virginia Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 64–70 of 1,006.