111Environmental Requirements

Environmental Requirements

111.1Protection of the Environment

1 In accordance with Subsection 107.1, Applicable Laws, become familiar with and adhere to all laws relevant to minimizing damage to the environment and risks to human health. If a requirement of Section 111, Environmental Requirements, conflicts with an environmental or pollution control requirement of another federal, State of Wyoming, or local agency, the more restrictive requirement applies.

2 Implement best management practices to minimize pollution and soil erosion. Promptly revegetate disturbed areas. Notify the engineer promptly upon receiving notice, in any form, of noncompliance with a pollution or erosion control requirement, and modify or cooperate in modifying the manner of work to bring about compliance. Cooperate with inspections by federal or state agencies to determine the status of the project with regard to environmental issues.

111.2Forest Protection

1 Prevent and suppress forest fires. Notify forest officials promptly of the location and extent of any fire, and cooperate with requests from forest officials for help in fire control efforts.

111.3Erosion and Pollution Controls

111.3.1 General

1 Do not pollute surface waters or wetlands with sediment or other harmful materials.

2 Service, fuel, and park equipment away from streams and riparian areas. Ensure staging and parking areas are a minimum of 150 ft [50 m] from riparian areas. Dispose of fuels, oils, bitumens, salts, cement, or other potential surface or ground water contaminants in a licensed disposal site only. Prepare and implement a spill prevention, control and countermeasure (SPCC) plan for petroleum products, solvents, and other hazardous materials to be used or stored at the worksite and submit to the engineer at the preconstruction conference; include plans for emergency fills in surface waters as appropriate and in accordance with Subsection 111.5.3, Emergency Fills.

3 Maintain a collection system for garbage, rubbish, and salvaged material collected from the project. Remove such waste and dispose of at licensed landfills or other recognized salvage sites only; do not use the right-of-way, adjoining property, or material sources for disposal.

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4 Do not disturb lands or waters outside the construction limits without authorization from the engineer. If lands outside the construction limits are requested, obtain environmental clearances in accordance with Subsection 106.3.3, Contractor-Furnished.

5 Do not change the substrate composition (type and size) of the streambed. Separate the top 1 ft [0.3 m] of stream bottom substrate from deeper soil layers and stockpile separately. Replace substrate layers in the same order in which they were removed.

6 Do not disturb wetlands or other Waters of the US beyond those areas specifically authorized in the approved Army Corps of Engineers Permit, as depicted in the impact detail sheets.

111.3.2 Storm Water Pollution Prevention Plan

1 Prepare and implement a SWPPP in accordance with Subsection 215.4.2, Storm Water Control, and submit at the preconstruction conference. Include in the plan all temporary and permanent erosion control features needed throughout the worksite, including haul roads and material sources. Keep the plan current as work progresses.

111.3.3 Payment

1 If temporary erosion or pollution control measures become necessary due to the contractor’s negligence, carelessness, or failure to install permanent control features as scheduled, the engineer may order the contractor to perform such work at no additional cost to the department. If additional temporary control measures become necessary for other reasons, the engineer may order the contractor to perform the work and the department will pay at pay item prices or, if the contract does not include appropriate pay items for the work, the department will pay in accordance with Subsection109.4, Extra and Force Account Work.

2 Disturbances less than 1 acre [1047 m 2] will not require a storm water pollution prevention plan (SWPPP) and will be eliminated in accordance with Subsection 109.3.2, Eliminated, Reduced, or Unused Pay Items.

1.4Air Pollution Control

111.4.1 General

1 Provide and use methods to control air pollution. Equip, operate, and maintain bituminous mixing plants to meet applicable particulate emission standards.

111.4.2 Payment

1 The cost of implementing air pollution control measures is incidental to the associated contract pay items. When specified and used to control air pollution, the engineer will

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measure and pay for water or dust control agent in accordance with Section 209, Watering, and Section 221, Dust Control Agent.

111.5Surface Waters and Wetlands

111.5.1 General

1 The U.S. Army Corps of Engineers regulates the placement of permanent or temporary fill in or near surface waters and wetlands in accordance with Section 404 of the federal Clean W ater Act. The department will obtain the applicable permit when needed. Review carefully the terms of the permit in relation to the contract. If any proposed element or activity of the work exceeds the encroachment authorized by the permit, give the Environmental Services Program and the engineer a copy of the work plan at least 45 calendar days before starting the work that shows the approximate dimensions and proposed methods of implementing or constructing features or elements such as but not limited to the following:

2 Upon receipt of the proposed work plan, the engineer will contact the U.S. Army Corps of Engineers to obtain authorization for the revised encroachment. If the Corps refuses to authorize the revision, then perform the work within the original encroachment boundaries at no additional cost to the department.

3 Do not begin work affecting areas outside the limits authorized by the original 404 permit until receiving a copy of the amended permit from the engineer.

4 When working in or near surface waters or wetlands, minimize disruptions, restrictions, or damage to or of the quality or supply of downstream public waters. Ensure equipment entering or working over water is pressure washed and leaks are repaired before use. Do not ford or operate equipment in surface waters or wetlands except to install or remove encroachments or to perform brief, necessary work . Ensure that machinery and equipment do not leak lubricants, coolants, or fuel.

5 Pressure wash equipment, and allow it to dry before moving it between watersheds.

Prevent the spread of aquatic invasive species (AIS) on all equipment that will be in contact with surface waters in accordance with Wyoming Game and Fish regulations.

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Provide the engineer a copy of clearance from the certified inspector prior to moving any equipment onto the project that is designated for use within a waterway.

111.5.2 Temporary Encroachments

1 Do not allow, to an extent greater than specified, temporary encroachments to reduce waterways, increase depth of flow, cause bank erosion or bottom scour, or inhibit the movement of fish or other wildlife. Use cofferdams, silt barriers (staked or floating booms), bypass flumes, or sediment traps to minimize turbidity. Be ready to remove temporary encroachments if warranted by flood or threat of flood.

2 Use commercially available dikes, commercially available cofferdams, or clean gravel (free of contaminants) for temporary encroachments. Obtain clean gravel fill material from a non-streambed, contractor-furnished source in accordance with Subsection 106.3.3, Contractor- Furnished. Do not use a source located within a surface water. Ensure a coarseness equal to or greater than the gradation of the natural streambed and that 90 percent of the material is greater than 0.05 in [0.6 mm]. Remove fine material that would unacceptably increase turbidity.

3 Release fish trapped by temporary fills, culverts, or other work into nearby unrestricted or open surface waters.

4 Remove temporary encroachments as soon as practical; do so in a manner that minimizes disturbance. After removing the temporary encroachments, dispose of fill and other waste materials in accordance with Subsection 111.3.1, Erosion and Pollution Controls, General, and return the affected environment, such as stream banks, bottoms, and wetlands, to their configuration before disturbance. Remove temporary pilings or sheeting to a depth of at least 3 ft [1 m] below the streambed.

111.5.3 Emergency Fills

1 When it becomes necessary to temporarily place fill material in surface waters or wetlands to avoid flooding or retain spilled hazardous wastes, the department will obtain after the fact permits and certifications from the U.S. Army Corps of Engineers and WDEQ.

2 To the extent possible, place emergency fill in accordance with Subsection 111.5.2, Temporary Encroachments; remove the material and restore the affected site in accordance with that same subsection. When approved by the engineer, the department will pay for this work in accordance with Subsection 109.4, Extra and Force Account Work.