96M10/01/07

S107-96NVM.doc

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  Use Subsections 107.01 and 107.10 on all projects in NV with 1 acre or
  more of land disturbance.

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**Section 107. - LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC**

**107.01 Laws to be Observed.** [Add the following:]{.underline}

**[Section 401 and 404 of the Clean Water Act]{.underline}.**

Comply with the terms and conditions of the 404 permit and with the
terms and conditions, if any, specified in the 401certification by the
Nevada Division of Environmental Protection. Comply with the terms and
conditions of any permits that are issued for the performance of work
within the jurisdictional waters of the U.S.

# 

# **National Pollutant Discharge Elimination System (NPDES)**

Obtain a separate NPDES permit associated with industrial activity for
any mobile asphalt and concrete plants that provide material for the
project.

Implement the requirements for erosion control due to storm water runoff
during construction as specified under the NPDES General Permit No.
NVR100000 for Nevada.

**(a) General.** Designate the erosion control/water quality supervisor
according to Subsection 157.03 who will be responsible for implementing
the Storm Water Pollution Prevention Plan (SWPPP). Ensure familiarity
with SWPPP procedures and practices. Ensure that emergency procedures
and the SWPPP are updated as needed and available for inspection. Ensure
the SWPPP is consistent with requirements specified in applicable
sediment and erosion site plans or site permits, or storm water
management site plans or site permits approved by State or local
officials. Comply with the Standard Conditions listed in Part II of the
General Permit.

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  **NOTE TO DESIGNER:** The permits section will file a NOI usually
  before the advertising period and the COE or the PE will file the NOT
  after the project is completed. The SWPPP does not need to be completed
  before filing an NOI (the contractor will need to complete the SWPPP at
  least three weeks prior to beginning construction). FYI -- the
  contractor must also file NOI & NOT in NV

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**(b) Preparation of SWPPP.** At least three weeks prior to beginning
construction provide a draft SWPPP for the project, which includes the
following information and forms:

(1) Project description, including items 1-13 of the General Permit

(2) Site description

(3) Expected sequencing of operations and construction schedule to
    include grubbing, excavation, grading, utilities and infrastructure
    installation and timing for implementation of control measures
    (BMPs) associated with these major construction activities

(4) Identification of the party responsible for implementation of the
    control measures

(5) Identification of the offsite material storage areas for overburden,
    dirt, topsoil, borrow areas, etc. and describe the temporary
    erosion/sediment controls that will be implemented to retain the
    material on-site during stormwater runoff

(6) Weather monitoring procedure

(7) Description of interim and permanent stabilization practices and a
    schedule for implementation

(8) Descriptions and details of erosion and sediment controls, including
    dust control and structural practices to divert flows from exposed
    soils, store flows or otherwise limit runoff and discharge of
    pollutants from exposed areas

(9) Description of measures that will be installed during construction
    to control pollutants in stormwater discharges that will occur after
    construction operations have been completed

(10) Erosion control details and quantities provided in the plans

(11) Controls for other potential onsite storm water pollutants

(12) Spill prevention, control, and countermeasures plan (see (e) below)

(13) Applicable specifications and Special Contract Requirements

(14) Maintenance and inspection procedures and forms

(15) Description of construction and waste materials expected to be
     stored on-site and controls to reduce pollutants from these
     materials, including storage practices to minimize exposure of
     these materials to stormwater, and spill prevention and response

(16) Description of potential non-storm water discharges at the site

(17) Description of pollutant sources from areas other than construction
     (including stormwater discharges from dedicated asphalt plants and
     dedicated concrete plants), and a description of controls and
     measures that will be implemented at those sites to minimize
     pollutant discharges

(18) Notice of Intent (NOI) form to be submitted by Contractor and copy
     of NOI form submitted by CFLHD

(19) Blank Notice of Termination (NOT) form

(20) Contractor and Subcontractor Certification forms

(21) Other record keeping forms and procedures

(22) "Good housekeeping" practices and requirements

Modify the erosion and sediment control details, layout sheets, and
quantities included in the plans, if necessary, to address project site
conditions and proposed construction operations and include them in the
SWPPP.

To comply with the General Permit, jointly review the draft SWPPP with
the CO and agree to any needed revisions. Jointly approve and sign the
revised SWPPP. The approved SWPPP will describe and ensure the
implementation of practices, which will be used to reduce the pollutants
in storm water discharges to assure compliance with the terms and
conditions of the General Permit. When the SWPPP is approved and signed
by the CO and Contractor, it will be the document in force on the
project. Implement the SWPPP as required throughout the construction
period.

Place the SWPPP and all updates in a three-ring binder so that completed
inspection forms and other records may be inserted. Maintain a current
copy of the SWPPP, including a copy of the General Permit, NOI, and all
associated records and forms at the job site throughout the duration of
the project. Make the SWPPP available for public inspection and for the
inspection and use of the CO.

Maintain all related erosion control elements in proper working order
throughout construction. Do not perform clearing and grubbing or
earthwork until the SWPPP has been implemented.

Prior to construction, the Contractor and all subcontractors must sign
certifications (included in the SWPPP) that they understand the
requirements of the General Permit. Ensure that all subcontractors
comply with the requirements of the General Permit.

At the completion of the project, provide the CO with the SWPPP,
including inspection forms and all data used in developing and modifying
the SWPPP. The Contractor is also required to retain a copy for a period
of at least three years from the date the site is finally stabilized.

**(c) Notice of Intent (NOI).** The NOI form may be downloaded at the
following address:

> <http://ndep.nv.gov/bwpc/connoi.pdf>

The CO and the Contractor will each file a separate NOI. All necessary
information must be provided on the form. Submit the NOI to the
following address at least two days prior to the start of construction,
including clearing and grubbing:

> *Stormwater Coordinator 3173*
>
> *Bureau of Water Pollution control*
>
> *Nevada Division of Environmental Protection*
>
> *333 West Nye Lane*
>
> *Carson City, NV 89706*

*The filing fee for the permit is \$200.00*

Call (775) 687-4670 on any questions concerning the NOI.

Post the NOI at the construction site bulletin board throughout the
duration of the project.

**(d) Erosion Controls.** Implement soil erosion controls according to
the SWPPP and Section 157.

Maintain records in the SWPPP of the dates when major grading activities
occur; the dates when construction activities temporarily or permanently
cease on a portion of the site, and the dates when stabilization
measures are initiated.

**(e) Controls for Other Pollutants.** Implement controls to eliminate
the discharge of pollutants (other than erodible soil) into storm water,
such as pollutants from materials stored onsite. Include the
implementation of spill prevention and material management controls and
practices to prevent the release of pollutants into storm water. Include
these controls and practices and storage procedures for chemicals,
construction materials and other pollution prevention measures in the
**Spill Prevention, Control, and Countermeasures** Section of the SWPPP.
In addition, contact the appropriate federal, state, and local
authorities to determine the quantity of discharge that initiates
reporting of petroleum products and hazardous material spills to those
authorities. List the quantities in the SWPPP for all petroleum products
and hazardous material used on the project.

A spill prevention, control and countermeasures plan is required if the
volume of fuel or oil in a single container exceeds 2500 liters (600
gallons), or if the total storage volume of petroleum products at any
one site exceeds 5000 liters (1,320 gallons).

**(f) "Good Housekeeping" Practices and Requirements.** Specify the
Contractor's "good housekeeping" practices and requirements, including
vehicle wash-down areas, onsite and offsite tracking control, protection
of equipment storage and maintenance areas, and sweeping of highways and
roadways related to hauling activities in the SWPPP.

Take precautions to prevent pollution of streams, lakes, and reservoirs
with fuels, oil, bitumens, calcium chloride, magnesium chloride,
Portland cement, fresh Portland cement concrete, raw sewage, muddy
water, chemicals or other harmful materials. Do not discharge these
materials into channels leading to any stream, lake or reservoir.

Locate machinery servicing and refueling areas away from streambeds and
washes to reduce the possibility and minimize the impacts of accidental
spills or discharges.

Remove non-waste materials, such as used cans, oils, machine and
equipment parts, paint, hazardous materials, plastic and rubber parts,
discarded metals, and building materials from the construction site and
dispose of at an approved landfill.

Where the Contractor's working area encroaches on a running or
intermittent stream, construct and maintain adequate barriers to prevent
the discharge of any contaminants into the stream.

Do not operate mechanical equipment in running streams unless approved
in writing by the CO. Fording of running streams with construction
equipment will not be permitted. Obtain approval from the CO to use
temporary bridges or other structures whenever crossings are necessary.

Immediately clear streams, lakes and reservoirs of all work items,
litter, debris or other obstructions inadvertently placed thereby or
resulting from construction operations and prevent these from becoming a
pollutant in stormwater.

Prevent exposure of construction chemicals to stormwater.

**(g) Inspections and Revisions to the SWPPP.** Conduct inspections at
least once every seven calendar days and within 24 hours of the end of a
storm event of 13 millimeters (0.5 inches) or greater. Weekly
inspections can be waived until one month before thawing conditions if
dates of the waiver are documented in the SWPPP, the project is in an
area where frozen conditions are anticipated to continue for extended
periods of time and land disturbance activities have been suspended. The
area of inspection includes, but is not limited to, disturbed areas that
have not been finally stabilized, areas used for storage of materials,
locations where vehicles enter or exit the site, and all of the erosion
and sediment controls that are included in the SWPPP. Monitor rainfall
with a rain gauge accurate to the nearest 3 millimeters (0.125 inches)
of rain.

Document the inspections on forms provided in the SWPPP. Retain
inspection forms onsite in the SWPPP notebook throughout the
construction period. Prepare and retained as part of the SWPPP a report
summarizing the scope of the inspection, name(s) and qualifications of
personnel making the inspection, the date(s) of the inspection, and
major observations relating to the implementation of the SWPPP for at
least three years from the date that the site if finally stabilized.
Sign the report according to Part VI.G of the General Permit.

Revisions to the SWPPP may be necessary during construction to make
improvements or to respond to unforeseen conditions noted during
construction or site inspections. For that purpose, specify in the SWPPP
the mechanism whereby revisions may be proposed by the Contractor or the
CO and incorporated into the plan, including review and approval of
minor changes. Jointly approve and sign each revision to the SWPPP
before implementation. Implement approved modifications within seven
calendar days following the date of the inspection when deficiencies or
necessary corrections were first noted.

**(h) Notice of Termination (NOT).** File a NOT when final stabilization
has been achieved on all portions of the site for which you are
responsible or another operator has assumed control over all areas of
the site that have not been finally stabilized.

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  Add Subsection 107.02 to all projects. The local Utility Locator
  Service phone number should appear on the Title Sheet of the Plans and
  need not be repeated here. The designer should use the Utility Data
  Quality Matrix to analyze potential impacts.

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**107.02 Protection and Restoration of Property and Landscape.** [Delete
the sixth paragraph and substitute the following]{.underline}:

Before beginning work in an area, contact the local Utility Locator
Service, at the phone number shown in the plans, to have all utilities
located. Protect utilities from construction operations. Cooperate with
utility owners to expedite the relocation or adjustment of their
utilities to minimize interruption of service, duplication of work, and
delays.

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  The Quality Level Certification defines the level of effort locating
  and mapping the utilities for the project. Be specific with spot
  locations, as applicable. Also indicate the Quality Level in the plans.

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[Add the following]{.underline}:

The locations of the utilities shown in the plans have been certified to
a Quality Level \_\_, with spot locations certified to a Quality Level
\_\_ according to the CLFHD Utility Data Quality Certification
requirements
(http://www.cflhd.gov/design/survey-map-row/\_\_\_\_\_\_\_\_).

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| Use the following when Utilities exist within the project limits. The |
| Status of Utilities Table may be copied from the Right of Way and     |
| Utility Certification. Add additional language, as required, for      |
| project specific conditions.                                          |
|                                                                       |
| For all utility questions or concerns see the "Utility Process during |
| Project Development" document or speak with the Utility Engineer      |
| (Rich Coco).                                                          |
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Status of Utilities:

  --- -------------- ---------------- ---------- ---------- ----------------
      *Company*      *Utility Type*   *Contact   *Phone     *Status 1, 2, 3,
                                      Name*      Number*    or 4*

  1                                                         

  2                                                         

  3                                                         

  4                                                         

  5                                                         

  6                                                         
  --- -------------- ---------------- ---------- ---------- ----------------

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| > Status 1: If utilities are in conflict with the project and require |
| > relocation by others during construction, include directions for    |
| > any required coordination or notifications in this Subsection.      |
| > Include any schedules and limits to construction under Section 108. |
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> **Status 1**: The utilities are in conflict with the project and
> REQUIRE relocation by OTHERS DURING construction.

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| > Status 2: If utilities are in conflict with the project and require |
| > relocation by the Contractor during construction, include the       |
| > appropriate Plan drawings, SCR;s (including, but not limited to:    |
| > 611, 612, and 636) and Pay Items in the PS&E Package. Include any   |
| > schedules and limits to construction under Section 108. Review any  |
| > contractural requirements indicated by the Utility Resolution Plan  |
| > and include the requirements in appropriate SCR Sections.           |
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> **Status 2**: The utilities are in conflict with the project and
> REQUIRE relocation by the Contractor DURING construction.

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| > Status 3: If utilities are in conflict with the project and require |
| > relocation before construction, include the estimated date          |
| > relocations will be completed. Include any schedules and limits to  |
| > construction under Section 108.                                     |
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> **Status 3**: The utilities are in conflict with the project and
> REQUIRE relocation BEFORE construction.
>
> **Status 4**: The utilities are located within the project rights of
> way but require NO relocation.

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  Include Subsections 107.03 on all projects.

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**107.03 Bulletin Board.** [Add the following]{.underline}:

**(g)** "Beck" poster, according to FAR Clause 52.222-39 Notification of
Employee Rights Concerning Payment of Union Dues or Fees.

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  Use Subsections 107.10 and 107.01 on all projects in NV with 1 acre or
  more of land disturbance.

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**107.10 Environmental Protection.** [Delete the text and substitute the
following]{.underline}:

**(a) Spills of Petroleum Products or Hazardous Materials.** Properly
clean up, mitigate, and remedy, if necessary, all spills of petroleum
products, hazardous materials, or other chemical or biological products
released from construction, fleet, or other support vehicles, or
stationary sources. Respond in accordance with federal, state, and local
regulations.

Immediately report to the CO any spill of petroleum products or a
hazardous material. Report the spill to the appropriate federal, state,
and local authorities, if the spill is a reportable quantity.

**(b)** **Water pollution.** Do not operate mechanized equipment or
discharge or otherwise place any material within the wetted perimeter of
any waters of the U.S. within the scope of the Clean Water Act (33 USC §
1251 et seq.). This includes wetlands unless authorized by a permit
issued by the U.S. Army Corps of Engineers according to 33 USC § 1344,
and, if required, by any State agency having jurisdiction over the
discharge of material into the waters of the U.S. In the event of an
unauthorized discharge:

> **(1)** Immediately prevent further contamination;
>
> **(2)** Immediately notify appropriate authorities; and
>
> **(3)** Mitigate damages as required.

Comply with the terms and conditions of any permits that are issued for
the performance of work within the wetted perimeter of the waters of the
U.S.

Separate work areas, including material sources, by the use of a dike or
other suitable barrier that prevents sediment, petroleum products,
chemicals, or other liquid or solid material from entering the waters of
the U.S. Use care in constructing and removing the barriers to avoid any
discharge of material into, or the siltation of, the water. Remove and
properly dispose of the sediment or other material collected by the
barrier.

**(c) Vehicles and equipment.** All vehicles and equipment entering the
project area must be clean of noxious weeds and free from oil leaks and
are subject to inspection. Wash all construction equipment to thoroughly
remove all dirt, plant, and other foreign material prior to entering the
project. Particular attention must be shown to the under carriage and
any surface where soil containing exotic seeds may exist. These efforts
are critical to prevent the introduction and establishment of non-native
plant species into the project area. Make arrangements for the CO to
inspect each piece of equipment before entering the project. The CO will
maintain records of inspections. Equipment found operating on the
project that has not been inspected, or has oil leaks will be shut down
and subject to citation.

In general, when gasoline, diesel fuel, antifreeze, hydraulic fluid or
any other chemical contained within the vehicle is released to the
pavement or ground, proper corrective, clean-up, and safety actions
specified in the SWPPP must be immediately implemented. All vehicles
with load rating of 2 tons or greater should carry, at minimum, enough
absorbent materials to effectively immobilize the total volume of fluids
contained within the vehicle.

Repair oil leaks immediately on discovery. Do not use equipment that is
leaking. Have oil pans and absorbent material in place prior to
beginning repair work. Have the "on scene" capability of catching and
absorbing leaks or spillages of petroleum products including antifreeze
from breakdowns or repair actions with approved absorbent materials.
Keep a supply of acceptable absorbent materials at the job site in the
event of spills, as defined in the SWPPP. Sand or soil are not approved
absorbent materials.

Use oil pans and absorbent materials to prevent leaks, spills and
draining petroleum fluids from falling onto bare ground and paved
surfaces during servicing of equipment. Dig up soils contaminated with
such fluids, place in appropriate safety containers, and dispose of
according to state and/or federal regulations.

**(d) Environmental Clearances.**

> **(1) Contractor-Selected, Non-Commercial Areas.**
> Contractor-selected, non-commercial areas include, but are not limited
> to, material sources, disposal sites, waste areas, haul roads, and
> staging areas. (A commercial source is a current operating concern,
> which has in the recent past provided same-type materials or
> services). These requirements do not apply for areas identified by the
> FHWA as having previously received clearance.
>
> Prior to construction activities in Contractor-selected,
> non-commercial areas, provide the following to the CO and the FHWA
> Environmental Section (12300 West Dakota Avenue, Lakewood, CO
> 80228/Fax 720-963-3610):
>
> *(a)* A report with documentation, according to the Secretary of the
> Interior's Standards and Guidelines for Archeology and Historic
> Preservation, to determine if prehistoric or historic buildings,
> structures, sites, objects, or districts listed or eligible for
> listing in the National Register of Historic Places (NRHP) are present
> and if they will be affected by the proposed activity. Include
> information identifying the location, total land area, and type of
> activity proposed. The FHWA will review this documentation. The FHWA
> will coordinate with the State Historic Preservation Officer (SHPO)
> and other parties, which will require the following time frames:
>
> *(1)* Coordination on a "no effect" determination may require 30 days
> or longer.
>
> *(2)* Coordination on eligibility and affects may require 45 days or
> longer.
>
> *(3)* Coordination on mitigation of adverse effects may require 60
> days or longer.
>
> *(b)* Written documentation that such activities will not affect any
> "Waters of the U.S." as defined by the U.S. Army Corps of Engineers.
> Provide documentation by an individual capable of performing wetland
> delineations according to the 1987 Corps of Engineers' manual.
> Documentation of effects to wetlands or other Waters of the U.S. will
> be submitted to the CO and to the FHWA Environmental section. If
> wetlands are affected, coordination with the Corps of Engineers may
> require 45 days or longer.
>
> *(c)* Written documentation that such activities will not affect any
> species protected under the Endangered Species Act (ESA). Provide
> documentation prepared by a biological specialist. The written
> documentation will include a "no effect," a "may affect-is not likely
> to adversely affect," or a "may affect-is likely to adversely affect,"
> determination according to Section 7 of the Endangered Species Act.
> Submit the documentation to the CO and the FHWA Environmental Section.
> If the determination is "may affect-is not likely to adversely affect"
> or "may affect-is likely to adversely affect," the FHWA will
> coordinate with the U.S. Fish and Wildlife Service (FWS), which will
> require the following time frames:
>
> *(1)* "May affect-is not likely to adversely affect" may require 45
> days or longer.
>
> *(2)* "May affect-is likely to adversely affect" may require 150 days
> or longer.

Contract time will not be increased due to the submittal and approval
process for the above three items.

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  Edit the following paragraph to correspond with the agency whose fire
  plan is being used. Delete the following paragraph if a fire plan is
  not to be included.

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**107.11 Protection of Forests, Parks, and Public Lands.** [Add the
following:]{.underline}

The following Forest Service fire prevention plan involving emergency
curtailment of operations is in effect on this project. The CO will
order the suspension of burning and other operations when directed to do
so by the Forest Service. No adjustment in the contract completion date
will be made for partial or total suspensions of burning operations.

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  **NOTE TO DESIGNER:** Check with the owner agency for the requirements
  of a fire plan and have the agency (i.e. Forest Service, Park Service,
  or etc.) provide a reproducible copy of the fire plan and include it
  here.

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