20240111_Project_Manual

_ FORNEY CREEK RESTORATION
LAKE NORMAN QUARRY
LINCOLN COUNTY, NORTH CAROLINA
PROJECT MANUAL
OCTOBER 2023
RECEIVED
JAW 11 2014
LAND QUALITY
MINING PROGRAM
Prepared by:
DAVEY�,
Resource Group
Davey Resource Group, Inc.
_ 3101 Poplarwood Court, Suite 120
Raleigh, NC 27604

I HEREBY CERTIFY THAT THE DOCUMENTS CONTAINED HEREIN, FORNEY CREEK
RESTORATION PROJECT MANUAL, WERE PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION.
-- SIGNED, SEALED AND DATED THIS �dT DAY OF OGTb[ (Z 2023.
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%,. • Fy Q '���` R. Kevin Williams, PE
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DAVEY�,
Resource Group
DRG Services, P.C.
3101 Poplarwood Court, Suite 120
Raleigh,NC 27604
License Number C-4174

ow TABLE OF CONTENTS
TITLE PAGE
GENERAL CONDITIONS OF THE CONTRACT...................................................................................5
d.► CONSTRUCTION SEQUENCE............................................................................................................34
SECTION 1.0: GENERAL SPECIFICATIONS..............................................................................37
SECTION 2.0: SITE PREPARATION...........................................................................................38
2.01: Mobilization .................................................................................................................38
2.02: Sensitive Areas ...........................................................................................................38
2.03: Construction Survey...................................................................................................40
2.04: As-Built Survey...........................................................................................................40
SECTION 3.0: EARTHWORK...................... 44
.................................................................................
3.01: Equipment Specifications..........................................................................................44
3.02: Site Preparation Prior to Grading Operations..........................................................44
rrr 3.03: Construction Activities in Stream Channel..............................................................45
3.04: Grading Operations ....................................................................................................46
SECTION4.0: STRUCTURES......................................................................................................48
4.01: Structure Stone...........................................................................................................48
4.02: Constructed Riffle.......................................................................................................49
4.03: Boulder Riffle...............................................................................................................49
4.04: Boulder Vane and J-Hook..........................................................................................50
"' 4.05: Toe Wood w/ Reinforced Earth 51
..................................................................................
4.06: Soil Lift.........................................................................................................................52
SECTION 5.0: EROSION CONTROL...........................................................................................54
rr 6.01: Temporary Construction Entrance............................................................................54
5.02: Pump Around Operation ............................................................................................55
6.03: Temporary Impervious Channel Plug .......................................................................56
r., 5.04: Coir Fiber Mat..............................................................................................................56
6.06: Temporary Silt Fence..................................................................................................58
6.06: Temporary Rock Silt Check.......................................................................................59
6.07: Straw Wattle.................................................................................................................61
6.08: Temporary Stream Crossing Log Mat Bridge...........................................................62
SECTION 6.0: PLANTING............................................................................................................64
6.01: Specifications for the Establishment of Vegetation................................................64
6.02: Site Preparation: Ripping...........................................................................................64
6.03: Temporary Seeding.....................................................................................................64
6.04: Permanent Seeding.....................................................................................................65
,.► 6.05: Bare Root Plants.........................................................................................................66
6.06: Live Staking.................................................................................................................67
FORM OF CONSTRUCTION CONTRACT..........................................................................................69
FORM OF PAYMENT BOND ...............................................................................................................75
Sheet for Attaching Power of Attorney..................................................................................................77
Sheet for Attaching Insurance Certificates...........................................................................................78
APPENDIX...........................................................................................................................................79
er Division of Water Quality, Section 401 .............................................................................................80
US Army Corps of Engineers, Section 404, Nationwide Permit 27 ..................................................91
NCDEQPermit#55-01.....................................................................................................................94
RainData........................................................................................................................................111
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INSTRUCTIONS TO BIDDERS
1. EXAMINATION OF CONDITIONS
It is understood and mutually agreed that by submitting a bid the bidder acknowledges that he tow
has carefully examined all documents pertaining to the work, the location, accessibility and
general character of the site of the work and all existing buildings and structures within and
adjacent to the site, and has satisfied himself as to the nature of the work, the condition of
existing buildings and structures, the conformation of the ground, the character, quality and
quantity of the material to be encountered, the character of the equipment, machinery, plant
and any other facilities needed preliminary to and during prosecution of the work, the general
and local conditions, the construction hazards, and all other matters, including, but not limited
to, the labor situation which can in any way affect the work under the contract, and including
all safety measures required by the Occupational Safety and Health Act of 1970 and all rules
and regulations issued pursuant thereto. It is further mutually agreed that by submitting a
proposal the bidder acknowledges that he has satisfied himself as to the feasibility and
meaning of the plans, drawings, specifications, and other contract documents for the
construction of the work and that he accepts all the terms, conditions and stipulations
contained therein; and that he is prepared to work in cooperation with other Contractors
performing work on the site.
Reference is made to contract documents for the identification of those surveys and
investigation reports of subsurface or latent physical conditions at the site or otherwise
affecting performance of the work which have been relied upon by the Owner or Designer in
preparing the documents. The Owner will make copies of all such surveys and reports
available to the bidder upon request.
Each bidder may, at his own expense, make such additional surveys and investigations as he
may deem necessary to determine his bid pace for the performance of the work. Any on-site
investigation shall be done at the convenience of the Owner. Any reasonable request for
access to the site will be honored by the Owner.
2. BULLETINS AND ADDENDA j•r
Any addenda to specifications issued during the time of bidding are to be considered covered -
in the proposal and in closing a contract they will become a part thereof. It shall be the
bidder's responsibility to ascertain prior to bid time the addenda issued and to see that his bid
includes any changes thereby required. _
Should the bidder find discrepancies in, or omission from, the drawings or documents or
should he be in doubt as to their meaning, he shall at once notify the Owner or Designer who
will send written instructions in the form of addenda to all bidders. Notification should be no
later than seven (7) days prior to the date set for receipt of bids. Neither the Owner nor the
Designer will be responsible for any oral instructions.
All addenda shall be acknowledged by the bidder(s) on the Form of Proposal.
3. PERFORMANCE BOND
The successful bidder, upon award of contract, shall furnish a performance bond in an amount
equal to 100 percent of the contract price. See Article 35, General Conditions.
4. PAYMENTS i
Payments to the successful bidders (Contractors) will be made on the basis of monthly
estimates. See Article 31, General Conditions.
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GENERAL CONDITIONS OF THE CONTRACT
ARTICLE 1 -DEFINITIONS
a. The Contract Documents consist of the Notice to Bidders; General Conditions of the
Contract; special conditions if applicable; Supplementary General Conditions; the drawing
,ow and specifications, including all bulletins, addenda or other modifications of the drawings
and specifications incorporated into the documents prior to their execution; the proposal;
the contract;the performance bond, and insurance certificates. All of these items together
form the contract.
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b. The Owners are B.V. Hedrick Industries, Inc. Throughout this Project Manual, the Owner
shall be B.V. Hedrick Industries, Inc.
c. The Designer(s) is Davey Resource Group or their authorized representatives. The
Designer(s), as referred to herein, shall mean architect and/or engineer. They will be
referred to hereinafter as if each were of the singular number, masculine gender.
d. The Contractor, as referred to hereinafter, shall be deemed to be either of the several
contracting parties called the "Party of the First Part" in either of the several contracts in
connection with the total Project. Where, in special instances hereinafter, a particular
Contractor is intended, an adjective precedes the word "Contractor," as "general,"
"heating," etc. For the purposes of a single prime contract, the term Contractor shall be
deemed to be the single contracting entity identified as the "Party of the First Part" in the
single Construction Contract. Any references or adjectives that name or infer multiple
prime Contractors shall be interpreted to mean the single prime Contractor.
e. A Sub Contractor, as the term is used herein, shall be understood to be one who has
entered into a direct contract with a Contractor, and includes one who furnishes materials
worked to a special design in accordance with plans and specifications covered by the
contract, but does not include one who only sells or furnishes materials not requiring work
so described or detailed.
f. Written Notice shall be defined as notice in writing delivered in person to the Contractor,
or to a partner of the firm in the case of a partnership, or to a member of the contracting
organization, or to an officer of the organization in the case of a corporation or sent to the
last known business address of the contracting organization by registered mail.
g. Work, as used herein as a noun, is intended to include materials, labor, and workmanship
of the appropriate Contractor.
h. The Project is the total construction work to be performed under the contract documents
by the several Contractors.
i. Project Expediter, as used herein, is an entity stated in the contract documents,
designated to effectively facilitate scheduling and coordination of work activities. See
Article 14(f) for responsibilities of a Project Expediter. For the purposes of a single
prime contract, the single prime Contractor shall be designated as the Project
Expediter.
j. Change Order, as used herein, shall mean a written order to the Contractor subsequent
to the signing of the contract authorizing a change in the contract. The Change Order
shall be signed by the Contractor and signed and approved by the Owner.
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k. Field Order, as used herein, shall mean a written approval for the Contractor to proceed
with the work requested by Owner prior to issuance of a formal Change Order. The Field
Order shall be signed by the Contractor, Designer/Owner.
I. Time of Completion, as stated in the contract documents, is to be interpreted as 6W
consecutive calendar days measured from the date established in the written Notice to
Proceed, or such other date as may be established herein (Article 23).
m. Liquidated Damages, as stated in the contract documents, is an amount reasonably `ow
estimated in advance to cover the losses incurred by the Owner by reason of failure of the
Contractor(s)to complete the work within the time specified.
n. Surety, as used herein, shall mean the bonding company or corporate body which is
bound with and for the Contractor, and which engages to be responsible for the
Contractor and his acceptable performance of the work.
o. Routine written communications between the Designer and the Contractor are any
communication other than a "request for information" provided in letter, memo, or
transmittal format, sent by mail, courier, electronic mail, or facsimile. Such
communications cannot be identified as"request for information".
p. Clarification or Request for information (RFI) is a request from the Contractor seeking
an interpretation or clarification by the Designer relative to the contract documents. The
RFI, which shall be labeled (RFI), shall clearly and concisely set forth the issue or item
requiring clarification or interpretation and why the response is needed. The RFI must set
forth the Contractor's interpretation or understanding of the contract documents
requirements in question, along with reasons for such an understanding.
q. Approval means written or imprinted acknowledgement that materials, equipment or
methods of construction are acceptable for use in the work. v
r. Inspection shall mean examination or observation of work completed or in progress to
determine its compliance with contract documents. .r
s. "Equal to" or"approved equal" shall mean materials, products, equipment, assemblies,
or installation methods considered equal by the bidder in all characteristics (physical,
functional, and aesthetic)to those specified in the contract documents. ''"r
t. "Substitution" or "substitute" shall mean materials, products, equipment, assemblies,
or installation methods deviating in at least one characteristic (physical, functional, or r..l
aesthetic) from those specified, but which in the opinion of the bidder would improve
competition and/or enhance the finished installation.
ARTICLE 2 -INTENT AND EXECUTION OF DOCUMENTS
a. The drawings and specifications are complementary, one to the other. That which is
shown on the drawings or called for in the specifications shall be as binding as if it were �..r
both called for and shown. The intent of the drawings and specifications is to establish the
scope of all labor, materials, transportation, equipment, and any and all other things
necessary to provide a complete job. In case of discrepancy or disagreement in the L„r;
contract documents,the order of precedence shall be: Form of Contract, specifications,
large-scale detail drawings, small-scale drawings.
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b. The wording of the specifications shall be interpreted in accordance with common usage
�. of the language except that words having a commonly used technical or trade meaning
shall be so interpreted in preference to other meanings.
c. The Contractor shall execute each copy of the proposal, contract and performance bond
as follows:
1. If the documents are executed by the sole Owner, that fact shall be evidenced by the
word "Owner"appearing after the name of the person executing them.
2. If the documents are executed by a partnership, that fact shall be evidenced by the
r.. word "Co-Partner" appearing after the name of the partner executing them.
3. If the documents are executed on the part of a corporation, they shall be executed by
either the president or the vice president and attested by the secretary or assistant
secretary in either case, and the title of the office of such persons shall appear after
their signatures. The seal of the corporation shall be impressed on each signature
page of the documents.
4. If the documents are made by a joint venture, they shall be executed by each
member of the joint venture in the above form for sole Owner, partnership or
corporation, whichever form is applicable to each particular member.
5. All signatures shall be properly witnessed.
6. If the Contractor's license is held by a person other than an Owner, partner or officer
of a firm, then the licensee shall also sign and be a party to the contract. The title
"Licensee" shall appear under his/her signature.
ar 7. The bonds shall be executed by an attorney-in-fact. There shall be attached to each
copy of the bond a certified copy of power of attorney properly executed and dated.
8. Each copy of the bonds shall be countersigned by an authorized individual agent of
the bonding company licensed to do business in North Carolina. The title "Licensed
Resident Agent"shall appear after the signature.
9. The seal of the bonding company shall be impressed on each signature page of the
bonds.
.r 10. The Contractor's signature on the performance bond shall correspond with that on the
contract.
ARTICLE 3-CLARIFICATIONS AND DETAIL DRAWINGS
to
a. In such cases where the nature of the work requires clarification by the Designer, such
clarification shall be furnished by the Designer with reasonable promptness by means of
wo written instructions or detailed drawings, or both. Clarifications and drawings shall be
consistent with the intent of contract documents and shall become a part thereof.
b. The Contractor(s) and the Designer shall prepare, if deemed necessary, a schedule fixing
`"" dates upon which foreseeable clarifications will be required. The schedule will be subject
to addition or change in accordance with the progress of the work. The Designer shall
furnish drawings or clarifications in accordance with that schedule. The Contractor shall
aw not proceed with the work without such detail drawings and/or written clarifications.
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ARTICLE 4-COPIES OF DRAWINGS AND SPECIFICATIONS
The Designer shall furnish free of charge to the Contractors copies of plans and
specifications as follows: l
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a. For the purposes of a single-prime contract, the Contractor shall receive up to five (5) sets
of drawings and specifications, plus a clean set of black line prints on white paper of all
appropriate drawings, upon which the Contractor shall clearly and legibly record all work- f
in-place that is at variance with the contract documents. two
ARTICLE 5 -SHOP DRAWINGS, SUBMITTALS, SAMPLES, DATA
laid
a. Within 30 consecutive calendar days after the notice to proceed, each prime Contractor
shall submit a schedule for anticipated submission of all shop drawings, product data,
samples, and similar submittals to the Project Expediter and the Designer. This schedule
shall indicate the items, relevant specification sections, other related submittal, data, and
the date when these items will be furnished to the Designer.
b. The Contractor shall review, approve, and submit to the Designer all Shop or Setting +�+
Drawings, Product Data, Samples, Color Charts, and similar submittal data required or
reasonably implied by the Contract Documents. Required Submittals shall bear the
Contractor's stamp of approval, any exceptions to the Contract Documents shall be noted
on the submittals, and copies of all submittals shall be of sufficient quantity for the
Designer to retain up to three (3) copies of each submittal for his own use plus additional
copies as may be required by the Contractor. Submittals shall be presented to the
Designer with reasonable promptness and time so as to cause no delay in the activities of
the Owner or of separate Contractors.
c. The Designer shall review required submittals promptly, noting desired corrections if any,
and retaining three (3) copies for his use. The remaining copies of each submittal shall be
returned to the Contractor not later than twenty (20) days from the date of receipt by the
Designer, for the Contractor's use or for corrections and resubmittal as noted by the
Designer. When resubmittals are required, the submittal procedure shall be the same as
for the original submittals.
d. Approval of shop drawings by the Designer shall not be construed as relieving the
Contractor from responsibility for compliance with the design or terms of the contract
documents nor from responsibility of errors.of any sort in the shop drawings, unless such _
lack of compliance or errors first have been called in writing to the attention of the
Designer by the Contractor. i•+
ARTICLE 6 -WORKING DRAWINGS AND SPECIFICATIONS AT THE JOB SITE
a. The Contractor shall maintain, in readable condition at his job office, one complete set of
working drawings and specifications for his work including all shop drawings. Such
drawings and specifications shall be available for use by the Designer or his authorized
representative. �+
b. The Contractor shall maintain at the job office, a day-to-day record of work-in-place that is
at variance with the contract documents. Such variations shall be fully noted on Project w
drawings by the Contractor and submitted to the Designer upon Project completion and no
later than 30 days after acceptance of the Project.
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ARTICLE 7 -OWNERSHIP OF DRAWINGS AND SPECIFICATIONS
All drawings and specifications are instruments of service and remain the property of the
Owner. The use of these instruments on work other than this contract without permission of
.r the Owner is prohibited. All copies of drawings and specifications other than contract copies
shall be returned to the Owner upon request after completion of the work.
ARTICLE 8 -MATERIALS, EQUIPMENT, EMPLOYEES
a. The Contractor shall, unless otherwise specified, supply and pay for all labor,
transportation, materials, tools, apparatus, lights, power, heat, sanitary facilities, water,
scaffolding and incidentals necessary for the completion of his work, and shall install,
maintain and remove all equipment of the construction, other utensils or things, and be
responsible for the safe, proper and lawful construction, maintenance and use of same,
and shall construct in the best and most workmanlike manner, a complete job and
~ everything incidental thereto, as shown on the plans, stated in the specifications, or
reasonably implied therefrom, all in accordance with the contract documents.
�.+ b. All materials shall be new and of quality specified, except where reclaimed material is
authorized herein and approved for use. Workmanship shall at all times be of a grade
accepted as the best practice of the particular trade involved, and as stipulated in written
standards of recognized organizations or institutes of the respective trades except as
"r exceeded or qualified by the specifications.
c. Upon notice,the Contractor shall furnish evidence as to quality of materials.
d. Products are generally specified by ASTM or other reference standard and/or by
manufacturer's name and model number or trade name. When specified only by
reference standard, the Contractor may select any product meeting this standard, by any
manufacturer. When several products or manufacturers are specified as being equally
acceptable, the Contractor has the option of using any product and manufacturer
combination listed. However, the Contractor shall be aware that the cited examples are
�► used only to denote the quality standard of product desired and that they do not restrict
bidders to a specific brand, make, manufacturer or specific name; that they are used only
to set forth and convey to bidders the general style, type, character, and quality of product
desired; and that equivalent products will be acceptable. Request for substitution of
materials, items, or equipment shall be submitted to the Designer for approval or
disapproval; such approval or disapproval shall be made by the Designer prior to the
opening of bids.
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e. Each Contractor shall obtain written approval from the Designer for the use of products,
materials, equipment, assemblies, or installation methods claimed as equal to those
specified. Such approvals must be obtained as soon after contract awards as possible
and before any materials are ordered. Applications for approvals shall be made by the
Contractor and not by Sub Contractors or material suppliers within thirty (30) days
following award of contract. When the submittal schedule provided under Article 5a is
d. approved, no further substitutions will be permitted except in unusual or extenuating
circumstances. If no list is submitted, the Contractor shall supply materials specified.
f. The Designer is the judge of equality for proposed substitution of products, materials or
equipment.
g. If at any time during the construction and completion of the work covered by these
�,.► contract documents, the conduct of any workman of the various crafts be adjudged a
nuisance to the Owner or Designer, or if any workman be considered detrimental to the
work, the Contractor shall order such parties removed immediately from grounds.
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ARTICLE 9 -ROYALTIES, LICENSES AND PATENTS
It is the intention of the contract documents that the work covered herein will not constitute in
any way infringement of any patent whatsoever unless the fact of such patent is clearly �..r
evidenced herein. The Contractor shall protect and save harmless the Owner against suit on
account of alleged or actual infringement. The Contractor shall pay all royalties and/or license
fees required on account of patented articles or processes, whether the patent rights are
evidenced hereinafter.
ARTICLE 10- PERMITS, INSPECTIONS, FEES, REGULATIONS
a. The Contractor shall give all notices and comply with all laws, ordinances, codes, rules
and regulations bearing on the conduct of the work under this contract. If the Contractor
observes that the drawings and specifications are at variance therewith, he shall promptly
notify the Designer in writing. See Instructions to Bidders, Paragraph 3, Bulletins and
Addenda. Any necessary changes required after contract award shall be made by
Change Order in accordance with Article 19. If the Contractor performs any work knowing
it to be contrary to such laws, ordinances, codes, rules, and regulations, and without such +..+
notice to the Designer, he shall bear all costs arising therefrom. Additional requirements
implemented after bidding will be subject to equitable negotiations. -
b. All work under this contract shall conform to the North Carolina State Building Code and
other State, local and national codes as are applicable. The cost of all required
inspections and permits shall be the responsibility of the Contractor.
c. The Contractor shall, however, cooperate with the county or municipal authorities by
obtaining building permits. Permits shall be obtained at no cost. The proper --
environmental permits shall be obtained by the Owner or Designer. Permits shall be
displayed in the site inspection box on site. ~
ARTICLE 11 -PROTECTION OF WORK, PROPERTY AND THE PUBLIC �+
a. The Contractors shall be jointly responsible for the entire site and the building or
construction of the same and provide all the necessary protections, as required by the
Owner or Designer, and by laws or ordinances governing such conditions. They shall be
responsible for any damage to the Owner's property, or of that of others on the job, by
them, their personnel, or their Sub Contractors, and shall make good such damages.
They shall be responsible for and pay for any damages caused to the Owner. All +�►
Contractors shall have access to the Project at all times. The contractor shall take
appropriate care protecting all roads and sidewalks when crossing with equipment. All
utilities and culverts/bridges shall not be disturbed unless noted otherwise on the plans.
b. The Contractor shall not disturb more area in the stream channel than can be stabilized in
one working day. The Contractor shall, to the extent practicable, protect all portions of the ,,,,
project when the work is not in progress. Any work damaged through the lack of proper
protection or from any other cause, shall be reworked or replaced without additional cost
to the Owner.
c. No fires of any kind will be allowed inside or around the operations during the course of
construction without special permission from the Designer.
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d. The Contractor shall protect all trees and shrubs designated to remain in the vicinity of the
operations by building substantial boxes around same. He shall barricade all walks, -
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roads, etc., as directed by the Designer to keep the public away from the construction. All
trenches, excavations, or other hazards in the vicinity of the work shall be well barricaded
and properly lighted at night.
+.r e. The Contractor shall provide all necessary safety measures for the protection of all
persons on the job, including the requirements of the A.G.C. Accident Prevention Manual
in Construction, as amended, and shall fully comply with all state laws or regulations and
North Carolina State Building Code requirements to prevent accident or injury to persons
on or about the location of the work. He shall clearly mark or post signs warning of
hazards existing. He shall protect against damage or injury resulting from falling materials
and he shall maintain all protective devices and signs throughout the progress of the work.
r.r All persons shall wear appropriate safety attire and protective equipment such as: flash
orange vests, helmets and safety boots when working near moving machinery.
f. The Contractor shall adhere to the rules, regulations and interpretations of the North
Carolina Department of Labor relating to Occupational Safety and Health Standards for
the Construction Industry (Title 29, Code of Federal Regulations, Part 1926, published in
Volume 39, Number 122, Part ll, June 24, 1974, Federal Register), and revisions thereto
+� as adopted by General Statutes of North Carolina 95-126 through 155.
g. The Contractor shall designate a responsible member of his organization as safety
inspector, whose duties shall include accident prevention on the work Project. The name
of the safety inspector shall be made known to the Designer at the time the work is
started.
�► h. In the event of emergency affecting the safety of life, the protection of work, or the safety
of adjoining properties, the Contractor is hereby authorized to act at his own discretion,
without further authorization from anyone, to prevent such threatened injury or damage.
,r Any compensation claimed by the Contractor on account of such action shall be
determined as provided for under Article 19(b).
i. Contractor shall, within ten (10) days of the effective date of this contract, and before
performing any work at the project site, prepare and provide to Designer a site-specific
safety plan which shall be at least as comprehensive as Designer's "Site-Specific Safety
Plan." A copy of Designer's Site-Specific Safety Plan is available to Contractor.
�► Contractor's safety plan shall describe the control measures in the form of an "activity/job
hazard analysis" (AHA/JHA) that Contractor will implement to mitigate the risk and
hazards associated with its work. The safety plan, at a minimum, will include personnel
too responsibilities, compliance requirements, communication procedures, hazard
assessment, accident exposure and investigation processes and procedures, hazard
correction processes, training and instruction, recordkeeping, emergency and medical
procedures, modified work program, and a disciplinary program. Contractor shall, in
addition, comply with all regulations of any applicable federal or state Occupational
Safety and Health Act(OSHA), rules or regulations, Designer's Site-Specific Safety Plan,
and any special safety and health regulations as may be issued by Designer. Contractor
shall ensure that its employees and all lower tier subcontractors are provided with a
project site orientation and are aware of, trained in, and follow Contractor's safety plan
and all other applicable safety requirements. Documentation of such orientation and
training will be kept by Contractor and submitted to Designer upon request.
j. Contractor shall designate to Designer in writing a project site safety representative
whose duties and responsibilities shall be the prevention of accidents and maintaining
and supervising Contractor's safety plan and all other project site safety requirements.
Designer shall have the right to direct Contractor to remove from the project site any
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Contractor employee or lower tier subcontractor employee found to be in violation of the y
safety provisions of this contract. Designer reserves the right to stop all or any part of
the work and order corrective measures if Contractor fails to comply with the safety -
provisions of this contract or any applicable law or regulation. Designer shall have the
right to direct Contractor to attend any and all safety or safety stand-down meetings.
Contractor will take immediate corrective action to conform its operations to the safety _
provisions of this contract or any applicable law or regulation at no additional cost to
Designer. Designer shall have the right to charge Contractor costs incurred to correct on
Contractor's behalf poor housekeeping practices by Contractor or its lower-tier
subcontractors.
k. Contractor shall promptly report in writing to Designer all accidents howsoever arising out
of or in connection with the performance of the contract, whether on or adjacent to the
jobsite, which results in death, injury or property damage giving full details and
statements of witnesses. In addition, if death or serious injury or serious damage is
caused, the accident shall be reported immediately to Designer. Additionally, Contractor
shall take all other actions required by the Site-Specific Safety Plan as a result of the
incident.
I. Contractor acknowledges that nothing in this Safety Requirements provision, including
but not limited to Contractor's submission to Designer of its site-specific safety plan or
Designer's right to direct the removal from the project site of a Contractor employee,
shall relieve Contractor of its sole responsibility for the health and safety of its employees
and employees of any lower tier subcontractors. Contractor's violation of the safety
provisions of this contract shall be deemed to be a material breach of this contract
subjecting Contractor to being terminated for cause. _
ARTICLE 12 -SEDIMENTATION POLLUTION CONTROL ACT OF 1973
a. Any land-disturbing activity performed by the Contractor(s) in connection with the Project
shall comply with all erosion control measures set forth in the contract documents and any
additional measures which may be required in order to ensure that the Project is in full
compliance with the Sedimentation Pollution Control Act of 1973, as implemented by Title
15, North Carolina Administrative Code, Chapter 4, Sedimentation Control, Subchapters
4A, 4B and 4C, as amended (15 N.C.A.C. 4A, 4B and 4C).
b. Upon receipt of notice that a land-disturbing activity is in violation of said act, the
Contractor(s) shall be responsible for ensuring that all steps or actions necessary to bring
the Project in compliance with said act are promptly taken.
c. The Contractor(s) shall be responsible for defending any legal actions instituted pursuant
to N.C.G.S. 113A-64 against any party or persons described in this article.
d. To the fullest extent permitted by law, the Contractor(s) shall indemnify and hold harmless
the Owner, the Designer and the agents, consultants and employees of the Owner and
Designer, from and against all claims, damages, civil penalties, losses and expenses,
including, but not limited to, attorneys'fees, arising out of or resulting from the performance {
of work or failure of performance of work, provided that any such claim, damage, civil
penalty, loss or expense is attributable to a violation of the Sedimentation Pollution Control
Act. Such obligation shall not be construed to negate, abridge, or otherwise reduce any
other right or obligation of indemnity which would otherwise exist as to any party or
persons described in this article.
i
12 �
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ARTICLE 13-INSPECTION OF THE WORK
a. It is a condition of this contract that the work shall be subject to inspection during normal
it working hours by the Designer, designated official representatives of the Owner, and
those persons required by state law to test special work for official approval. The
Contractor shall therefore provide safe access to the work at all times for such
�. inspections.
b. All instructions to the Contractor will be made only by or through the Designer or his
designated Project representative. Observations made by official representatives of the
o..► Owner shall be conveyed to the Designer for review and coordination prior to issuance to
the Contractor.
c. Where special inspection or testing is required by virtue of any state laws, instructions of
ar the Designer, specifications or codes, the Contractor shall give adequate notice to the
Designer of the time set for such inspection or test, if the inspection or test will be
conducted by a party other than the Designer. Such special tests or inspections will be
made in the presence of the Designer, or his authorized representative, and it shall be the
Contractor's responsibility to serve ample notice of such tests.
d. Should any work be covered up or concealed prior to inspection and approval by the
Designer, such work shall be uncovered or exposed for inspection, if so, requested by the
Designer in writing. Inspection of the work will be made promptly upon notice from the
Contractor. All cost involved in uncovering, repairing, replacing, recovering, and restoring
to design condition, the work that has been covered or concealed will be paid by the
Contractor involved.
e. If any other portion of the work has been covered which the Designer has not specifically
requested to observe prior to being covered, the Designer may request to see such work
and it shall be uncovered by the Contractor. If such work is found in accordance with the
contract documents, the cost of uncovering and replacement shall, by appropriate Change
'■r Order, be charged to the Owner. If such work be found not in accordance with the
contract documents, the Contractor shall pay such costs unless it be found that this
condition was caused by the Owner or a separate Contractor as provided in Article 15, in
„■� which event the Owner or the separate Contractor shall be responsible for the payment of
such costs.
ARTICLE 14-CONSTRUCTION SUPERVISION AND SCHEDULE
a. Throughout the progress of the work, each Contractor shall keep at the job site, a
competent superintendent, or supervisory staff satisfactory to the Designer. The
superintendent shall not be changed without the consent of the Designer unless said
superintendent ceases to be employed by the Contractor or ceases to be competent. The
superintendent shall have authority to act on behalf of the Contractor, and instructions,
directions or notices given to him shall be as binding as if given to the Contractor.
However, directions, instructions, and notices shall be confirmed in writing.
b. The Contractor shall examine and study the drawings and specifications and fully
••► understand the Project design and shall provide constant and efficient supervision of the
work. Should he discover any discrepancies of any sort in the drawings or specifications,
he shall report them to the Designer without delay. He will not be held responsible for
discrepancies in the drawings and/or specifications but shall be held responsible to report
them should they become known to him.
'r 13

f
The Contractor shall maintain a construction log. The log will help facilitate review and r
verification of progress made on site and shall be made available to the designer and
owner at any time. The construction log shall include the following: -
1. Construction Plans and Specifications
i. Contractor shall denote daily work done on site referencing locations and/or
station numbers
ii. Contractor shall denote additions, deletions, and substitutions.
iii. Contractor shall denote specifications and tolerance deviations.
2. NPDES Forms, found in the Appendix of the Project Manual shall be maintained
and up to date. These forms will be used in the evaluation of weather delay
requests.
3. Proposed Profile Data Sheets (found within the construction plans) shall be
maintained daily.
4. Request for Information (RFI)to the Designer.
5. Routine Written Communications.
6. Record of project supplies, materials, and vegetation (including temporary
seeding, permanent seeding, and all other plantings). i
c. All Contractors shall be required to cooperate and consult with each other during the
construction of this Project. Prior to installation of work, all Contractors shall jointly
prepare coordination drawings, showing locations of various ductworks, piping, motors,
pumps, and other mechanical or electrical equipment, in relation to the structure, walls
and ceilings. These drawings shall be submitted to the Designer through the Project
Expediter for information only. Each Contractor shall lay out and execute his work to
cause the least delay to other Contractors. Each Contractor shall be financially 66
responsible for any damage to other Contractor's work and for undue delay caused to
other Contractors on the Project.
c. The Contractor is required to attend monthly job site progress conferences as called by
the Designer. The Contractor shall be represented at these job progress conferences by
both home office and Project personnel. These representatives shall have authority to act
on behalf of the Contractor. These meetings shall be open to Sub Contractors, material
�..r
suppliers and any others who can contribute toward maintaining required job progress. It
shall be the principal purpose of these meetings, or conferences, to effect coordination,
cooperation, and assistance in every practical way toward the end of maintaining progress
of the Project on schedule and to complete the Project within the specified contract time.
Each Contractor shall be prepared to assess progress of the work as required in his
particular contract and to recommend remedial measures for correction of progress as
may be appropriate. The Designer or his authorized representative shall be the
coordinator of the conferences and shall preside as chairman. -
A pre-construction conference will be held, the Designer, Contractor, and Owner shall be
present. Following the completion of the project and before the Contractor demobilizes, a
meeting will be held with the Designer, Contractor, and Owner, and any deficiencies in the
project will be addressed and corrected before Contractor demobilizes. Sub Contractors
shall not represent the contractor in any of the progress conferences and other meetings
called by the designer. The contractor shall not initiate any excavation and channel
work prior to the effective starting date shown on the Notice to Proceed.
e The Contractor(s) shall, if required by the Supplementary General Conditions, employ an
engineer or a land surveyor licensed in the State of North Carolina to lay out the work and
to establish a bench mark nearby in a location where same will not be disturbed and �•►
where direct instruments sights may be taken.
14 �

to
f. A project expediter is not required because a single prime-contractor shall be used for this
project.
g. It shall be the responsibility of the Contractor to create a construction schedule in form of
a detailed bar chart or Critical Path Method (CPM), schedule. The Contractor shall
provide work activities within fourteen (14) days of request. A "work activity", for
scheduling purposes, shall be any component or contractual requirement of the Project
requiring at least one (1) day, but not more than fourteen (14) days, to complete or fulfill.
The Project construction schedule shall graphically show all salient features of the work
required to construct the Project from start to finish and within the allotted time
established in the contract. The time (in days) between the Contractor's early completion
�r and contractual completion dates is part of the Project total float time; and shall be used
as such, unless amended by a Change Order. On a multi-prime Project, each prime
Contractor shall review the proposed construction schedule and approve same in writing.
The Project Expediter shall submit the proposed construction schedule to the Designer for
comments. The complete Project construction schedule shall be of the type set forth in
the Supplementary General Condition or subparagraph (1) or(2) below, as appropriate:
1. For a Project with total contracts of$1,000,000 or less, a bar chart schedule will
satisfy the above requirement. The schedule shall indicate the estimated
starting and completion dates for each major element of the work.
2. For a Project with total contracts over$1,000,000, a Critical Path Method(CPM)
schedule shall be utilized to control the planning and scheduling of the Work.
The CPM schedule shall be the responsibility of the Project Expediter and shall
be paid for by the Project Expediter.
�.r Bar Chart Schedule: Where a bar chart schedule is required, it shall be time-scaled in
weekly increments, shall indicate the estimated starting and completion dates for each
major element of the work by trade and by area, level, or zone, and shall schedule dates
for all salient features, including but not limited to the placing of orders for materials,
submission of shop drawings and other Submittals for approval, approval of shop
drawings by Designers, the manufacture and delivery of material, the testing and the
installation of materials, supplies and equipment, and all Work activities to be performed
by the Contractor. The Contractor shall allow sufficient time in his schedule for all
required inspections. Each Work activity will be assigned a time estimate by the
Contractor. One day shall be the smallest time unit used.
CPM Schedule: Where a CPM schedule is required, it shall be in time-scaled
precedence format using the Project Expediter's logic and time estimates. The CPM
schedule shall be drawn or plotted with activities grouped or zoned by Work area or
subcontract as opposed to a random (or scattered) format. The CPM schedule shall be
time-scaled on a weekly basis and shall be drawn or plotted at a level of detail and logic
which will schedule all salient features of the work to be performed by the Contractor.
The Contractor shall allow sufficient time in his schedule for all required inspections.
Each Work activity will be assigned a time estimate by the Contractor. One day shall be
the smallest time unit used.
y
The CPM schedule will identify and describe each activity, state the duration of each
activity, the calendar dates for the early and late start and the early and late finish of each
activity, and clearly highlight all activities on the critical path. "Total float" and "free float"
shall be indicated for all activities. Float time shall not be considered for the exclusive use
or benefit of either the Owner or the Contractor but must be allocated in the best interest
� 15

of completing the Work within the Contract time. Extensions to the Contract time, when '
granted by Change Order, will be granted only when equitable time adjustment exceeds
the Total Float in the activity or path of activities affected by the change. On contracts
with a price over$2,500,000, the CPM schedule shall also show what part of the Contract
Price is attributable to each activity on the schedule, the sum of which for all activities
shall equal the total Contract Price.
Early Completion of Project: The Contractor may attempt to complete the Project prior ...+
to the Contract Completion Date. However, such planned early completion shall be for
the Contractor's convenience only and shall not create any additional rights of the
Contractor or obligations of the Owner under this Contract, nor shall it change the Time
for Completion or the Contract Completion Date. The Contractor shall not be required to
pay Liquidated Damages to the Owner because of its failure to complete by its planned -
earlier date. Likewise, the Owner shall not pay the Contractor any additional
compensation for early completion nor will the Owner owe the Contractor any
compensation should the Owner, its officers, employees, or agents cause the Contractor
not to complete earlier than the date required by the Contract Documents.
h. The proposed Project construction schedule shall be presented to the Designer no later
than thirty (30) days after written notice to proceed. No application for payment will be
processed until this schedule is accepted by the Owner.
i. The approved Project construction schedule shall be distributed to all Contractors and
displayed at the job site by the Project Expediter.
�r
j. The several Contractors shall be responsible for their work activities and shall notify the
Project Expediter of any necessary changes or adjustments to their work. The Project
Expediter shall maintain the Project construction schedule, making monthly adjustments, yam,,
updates, corrections, etc., that are necessary to finish the Project within the Contract time,
keeping all Contractors and the Designer fully informed. Copy of a bar chart schedule
annotated to show the current progress shall be submitted by the Contractor(s) to the
Designer, along with monthly request for payment. For Project requiring CPM schedule,
the Contractor shall submit a monthly report of the status of all activities. The bar chart
schedule or monthly status report shall show the actual Work completed to date in
comparison with the original Work scheduled for all activities. If any activities of the work ,+,r
of several Contractors are behind schedule, the Contractor must indicate in writing, what
measures will be taken to bring each such activity back on schedule and to ensure that the Contract Completion Date is not exceeded. A plan of action and recovery schedule f
shall be developed and submitted to the Designer by the Project Expediter, when (1) the
Contractor's monthly report indicates delays, that are in the opinion of the Designer or the
Owner, of sufficient magnitude that the Contractor's ability to complete the work by the {
scheduled completion is brought into question; (2) the updated construction schedule is
thirty (30) days behind the planned or baseline schedule and no legitimate time
extensions are in process; and (3) the Contractor desires to make changes in the logic -
(sequencing of work) or the planned duration of future activities of the CPM schedule
which, in the opinion of the Designer or the Owner, are of a major nature. The plan of
action, when required shall be submitted to the Owner for review within two (2) business
days of the Contractor receiving the Owner's written demand. The recovery schedule,
when required, shall be submitted to the Owner within five (5) calendar days of the
Contractor's receiving the Owner's written demand. Failure to provide an updated
construction schedule or a recovery schedule may be grounds for rejection of payment
applications or withholding of funds as set forth in Article 33.
16 �
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WW
k. The Project Expediter shall notify each Contractor of such events or time frames that are
critical to the progress of the job. Such notice shall be timely and reasonable. Should the
progress be delayed due to the work of any of the several Contractors, it shall be the duty
of the Project Expediter to immediately notify the Contractor(s) responsible for such delay,
the Designer, the Owner. The Designer shall determine the Contractor(s)who caused the
delays and notify the bonding company of the responsible Contractor(s) of the delays; and
shall make a recommendation to the Owner regarding further action.
yr
I. Designation as Project Expediter entails an additional Project control responsibility and
does not alter in any way the responsibility of the Contractor so designated, nor the
responsibility of the other Contractors involved in the Project.
m. The construction activity hours will be between seven (7) am to seven (7) pm Monday
through Friday.
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ARTICLE 15-SEPARATE CONTRACTS AND CONTRACTOR RELATIONSHIPS
a. This section does not apply.
ARTICLE 16-SUBCONTRACTS AND SUB CONTRACTORS
ow a. Within thirty (30) days after award of the contract, the Contractor shall submit to the
Designer and to the Owner a list giving the names and addresses of Sub Contractors and
equipment and material suppliers he proposes to use, together with the scope of their
respective parts of the work. Should any Sub Contractor be disapproved by the Designer,
the Designer shall submit his reasons for disapproval in writing to the Owner for its
consideration with a copy to the Contractor. If the Owner concurs with the Designer's
recommendation, the Contractor shall submit a substitute for approval. The Designer
rr shall act promptly in the approval of Sub Contractors, and when approval of the list is
given, no changes of Sub Contractors will be permitted except for cause or reason
considered justifiable by the Designer.
b. The Designer will furnish to any Sub Contractor, upon request, evidence regarding
amounts of money paid to the Contractor on account of the Sub Contractor's work.
ow c. The Contractor is and remains fully responsible for his own acts or omissions as well as
those of any Sub Contractor or of any employee of either. The Contractor agrees that no
contractual relationship exists between the Sub Contractor and the Owner in regard to the
contract, and that the Sub Contractor acts on this work as an agent or employee of the
Contractor.
d. The Contractor shall perform and shall not subcontract any earthwork activities related to
ow channel excavation and in-stream structure placement with own workforce.
ARTICLE 17-CONTRACTOR AND SUB CONTRACTOR RELATIONSHIPS
tw
The Contractor agrees that the terms of these contract documents shall apply equally to each
Sub Contractor as to the Contractor, and the Contractor agrees to take such action as may be
aw necessary to bind each Sub Contractor to these terms. The Contractor further agrees to
conform to the Code of Ethical Conduct as adopted by the Associated General Contractors of
America, Inc., with respect to Contractor-Sub Contractor relationships, and that payments to
Sub Contractors shall be made in accordance with the provisions of G.S. 143-134.1 titled
ow Interest on final payments due to prime Contractors: payments to Sub Contractors.
ow 17
I"

a. On all public construction contracts which are let by a board or governing body of the state
government or any political subdivision thereof, except contracts let by the Department of
Transportation pursuant to G.S. 136-28.1, the balance due prime Contractors shall be
paid in full within 45 days after respective prime contracts of the Project have been
accepted by the Owner, certified by the architect, engineer or Designer to be completed in `..►
accordance with terms of the plans and specifications, or occupied by the Owner and
used for the purpose for which the Project was constructed, whichever occurs first.
Provided, however, that whenever the architect or consulting engineer in charge of the
Project determines that delay in completion of the Project in accordance with terms of the
plans and specifications is the fault of the Contractor, the Project may be occupied and
used for the purposes for which it was constructed without payment of any interest on
amounts withheld past the 45 day limit. No payment shall be delayed because of the �.►
failure of another prime Contractor on such Project to complete his contract. Should final
payment to any prime Contractor beyond the date such contracts have been certified to
be completed by the Designer or architect, accepted by the Owner, or occupied by the
Owner and used for the purposes for which the Project was constructed, be delayed by
more than 45 days, said prime Contractor shall be paid interest, beginning on the 46th
day, at the rate of one percent (1%) per month or fraction thereof unless a lower rate is
agreed upon on such unpaid balance as may be due. In addition to the above final
payment provisions, periodic payments due a prime Contractor during construction shall
be paid in accordance with the payment provisions of the contract documents or said
prime Contractor shall be paid interest on any such unpaid amount at the rate stipulated
above for delayed final payments. Such interest shall begin on the date the payment is
due and continue until the date on which payment is made. Such due date may be
established by the terms of the contract. Funds for payment of such interest on
state-owned Projects shall be obtained from the current budget of the owning department,
institution, or agency. Where a conditional acceptance of a contract exists, and where the
Owner is retaining a reasonable sum pending correction of such conditions, interest on
such reasonable sum shall not apply.
�.r
b. Within seven days of receipt by the prime Contractor of each periodic or final payment, the
prime Contractor shall pay the Sub Contractor based on work completed or service
provided under the subcontract. Should any periodic or final payment to the Sub low
Contractor be delayed by more than seven days after receipt of periodic or final payment
by the prime Contractor, the prime Contractor shall pay the Sub Contractor interest,
beginning on the eighth day, at the rate of one percent (1%) per month or fraction thereof
on such unpaid balance as may be due.
c. The percentage of retainage on payments made by the prime Contractor to the Sub
Contractor shall not exceed the percentage of retainage on payments made by the Owner
to the prime Contractor. Any percentage of retainage on payments made by the prime
Contractor to the Sub Contractor that exceeds the percentage of retainage on payments
j
made by the Owner to the prime Contractor shall be subject to interest to be paid by the
prime Contractor to the Sub Contractor at the rate of one percent (1%) per month or
fraction thereof.
d. Nothing in this section shall prevent the prime Contractor at the time of application and
certification to the Owner from withholding application and certification to the Owner for
payment to the Sub Contractor for unsatisfactory job progress; defective construction not
remedied; disputed work; third-party claims filed or reasonable evidence that claim will be
filed; failure of Sub Contractor to make timely payments for labor, equipment and
materials; damage to prime Contractor or another Sub Contractor; reasonable evidence
that subcontract cannot be completed for the unpaid balance of the subcontract sum; or a
reasonable amount for retainage not to exceed the initial percentage retained by Owner. �«r
lowl8

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ARTICLE 18-DESIGNER'S STATUS
a. The Designer shall provide general administration of the performance of construction
contracts, including liaison and necessary inspection of the work to ensure compliance
r.+ with plans and specifications. He is the agent of the Owner only for the purpose of
constructing this work and to the extent stipulated in the contract documents. He has
authority to stop work or to order work removed, or to order corrections of faulty work
where such action may be necessary to assure successful completion of the work.
b. The Designer is the impartial interpreter of the contract documents, and, as such, he shall
exercise his powers under the contract to enforce faithful performance by both the Owner
+..► and the Contractor, taking sides with neither.
c. Should the Designer cease to be employed on the work for any reason whatsoever, then
the Owner shall employ a competent replacement who shall assume the status of the
former Designer.
d. The Designer will make periodic inspections of the Project at intervals appropriate to the
stage of construction. He will inspect the progress, the quality, and the quantity of the
work.
e. The Designer and the Owner shall have access to the work whenever it is in preparation
`� and progress during normal working hours. The Contractor shall provide facilities for such
access so the Designer may perform his functions under the contract documents.
+�+ f. Based on the Designer's inspections and evaluations of the Project, the Designer shall
issue interpretations, directives and decisions as may be necessary to administer the
Project. His decisions relating to artistic effect and technical matters shall be final,
provided such decisions are within the limitations of the contract.
ARTICLE 19-CHANGES IN THE WORK
a. Any changes in work must be approved by the Designer and Owner. The Contractor is at
risk for any changes not prior approved. The Owner may have changes made in the work
covered by the contract. These changes will not invalidate and will not relieve or release
�.,► the Contractor from any guarantee given by him pertinent to the contract provisions.
These changes will not affect the validity of the guarantee bond and will not relieve the
Surety or sureties of said bond. All extra work shall be executed under the conditions of
the original contract.
b. Except in an emergency endangering life or property, NO CHANGE SHALL BE MADE BY
THE CONTRACTOR EXCEPT UPON RECEIPT OF APPROVED CHANGE ORDER OR
ar WRITTEN FIELD ORDER FROM THE DESIGNER, COUNTERSIGNED BY THE
OWNER AUTHORIZING SUCH CHANGE. NO CLAIM FOR ADJUSTMENTS OF THE
CONTRACT PRICE SHALL BE VALID UNLESS THIS PROCEDURE IS FOLLOWED.
A FIELD ORDER, TRANSMITTED BY FAX OR HAND DELIVERED, MAY BE USED
WHERE THE CHANGE INVOLVED IMPACTS THE CRITICAL PATH OF THE WORK.
A FORMAL CHANGE ORDER SHALL BE ISSUED WITHIN THE TIME STATED ON
+�► THE FIELD ORDER.
In the event of emergency endangering life or property, the Contractor may be directed to
proceed on a time and material basis whereupon the Contractor shall proceed and keep
accurately on such form as may be required, a correct account of costs together with all
19

r..l
t
proper invoices, payrolls and supporting data. Upon completion of the work the Change
Order will be prepared as outlined under either Method "c(1)" or Method "c(2)"or both.
c. In determining the values of changes, either additive or deductive, Contractors are
restricted to the use of the following methods:
1. Where the extra work involved is covered by unit prices quoted in the proposal, the
value of the change shall be computed by application of unit prices based on
quantities, estimated or actual as agreed of the items involved, except is such cases
where a quantity exceeds the estimated quantity allowance in the contract by one
hundred percent (100%) or more. In such cases, either party may elect to proceed
under subparagraph c2 herein. If neither party elects to proceed under c2, then unit �►
prices shall apply.
2. The contracting parties shall negotiate and agree upon the equitable value of the
change prior to issuance of the Change Order, and the Change Order shall stipulate
the corresponding lump sum adjustment to the contract price. _
d. Under Paragraph "b" and Methods "c(2)" above, the allowances for overhead and profit �+
combined shall not exceed twenty percent (20%) of net cost except where the change
involves a Sub Contractor, allowance shall not exceed fifteen percent (15%) for the Sub
Contractor, and ten percent (10%) for the prime Contractor. Under Method "c(1)", no
additional allowances shall be made for overhead and profit. In the case of deductible
Change Orders, under Method "c(2)" and Paragraph (b) above, the Contractor shall
include no less than five percent(50/6) profit, but no allowances for overhead.
rr
e. The term "net cost" as used herein shall mean the difference between all proper cost
additions and deductions. The"cost"as used herein shall be limited to the following:
�.r
1. The actual costs of materials and supplies incorporated or consumed as part of the
Project;
2. The actual costs of labor expended on the Project site;
3. The actual costs of labor burden, limited to the costs of social security (FICA) and
Medicare/Medicaid taxes; unemployment insurance costs; health/dental/vision r.r
insurance premiums; paid employee leave for holidays, vacation, sick leave, and/or
petty leave, not to exceed a total of 30 days per year; retirement contributions; worker's
compensation insurance premiums; and the costs of general liability insurance when
premiums are computed based on payroll amounts; the total of which shall not exceed
forty percent(40%) of the actual costs of labor; _
1
4. The actual costs of rental for tools, excluding hand tools; equipment; machinery; and
temporary facilities required for the Project;
5. The actual costs of premiums for bonds, insurance, permit fees, and sales or use taxes
related to the Project.
Overtime and extra pay for holidays and weekends may be a cost item only to the extent
approved by the Owner. Lr
f. Should concealed conditions be encountered in the performance of the work below grade
or should concealed or unknown conditions in an existing structure be at variance with the
conditions indicated by the contract documents, the contract sum and time for completion
may be equitably adjusted by Change Order upon claim by either party made within thirty -
20

(30) days after the condition has been identified. The cost of such change shall be arrived
at by one of the foregoing methods.
ALL CHANGE ORDERS SHALL BE SUPPORTED BY A BREAKDOWN SHOWING
METHOD OF ARRIVING AT NET COST AS DEFINED ABOVE.
g. In all Change Orders, the procedure will be for the Designer to request proposals for the
Change Order work in writing. The Contractor will provide such proposal and supporting
data in suitable format. The Designer shall verify correctness. Within fourteen (14) days
after receipt of the Contractor's proposal, the Designer shall prepare the Change Order
and forward to the Contractor for his signature or otherwise respond, in writing, to the
+■+ Contractor's proposal. Within seven (7) days after receipt of the Change Order executed
by the Contractor, the Designer shall, certify the Change Order by his signature, and
forward the Change Order and all supporting data to the Owner for the Owner's signature.
Upon approval by the Owner, one copy remains with the Owner, and the remaining copies
are sent to the Designer for distribution to the Contractor(s) and the Surety. In case of
emergency or extenuating circumstances, approval of changes may be obtained verbally
by telephone or Field Orders approved by all parties, then shall be substantiated in writing
�► as outlined under normal procedure.
h. At the time of signing a Change Order, the Contractor shall be required to certify as
follows:
"I certify that my bonding company will be notified forthwith that my contract has been
changed by the amount of this Change Order, and that a copy of the approved Change
Order will be mailed upon receipt by me to my Surety."
i. A Change Order, when issued, shall be full compensation, or credit, for the work included,
r, omitted or substituted. It shall show on its face the adjustment in time for completion of
the Project as a result of the change in the work.
j. If, during the progress of the work, the Owner requests a Change Order and the
Contractor's terms are unacceptable, the Owner may require the Contractor to perform
such work on a time and material basis in accordance with paragraph "b" above. Without
prejudice, nothing in this paragraph shall preclude the Owner from performing or to have
dr performed that portion of the work requested in the Change Order.
ARTICLE 20-CLAIMS FOR EXTRA COST
a. Should the Contractor consider that as a result of any instructions given in any form by the
Designer, he is entitled to extra cost above that stated in the contract, he shall give written
notice thereof to the Designer within seven (7) days without delay and shall not proceed
�+ with the work affected until further advised, except in emergency involving the safety of life
or property, which condition is covered in Article 19(b) and Article 11(h). No claims for
extra compensation will be considered unless the claim is so made. The Designer shall
render a written decision within seven (7) days of receipt of claim.
b. THE CONTRACTOR SHALL NOT ACT ON INSTRUCTIONS RECEIVED BY HIM FROM
PERSONS OTHER THAN THE DESIGNER, AND ANY CLAIMS FOR EXTRA
COMPENSATION OR EXTENSION OF TIME ON ACCOUNT OF SUCH INSTRUCTION
WILL NOT BE HONORED. The Designer will not be responsible for misunderstandings
claimed by the Contractor of verbal instructions which have not been confirmed in writing,
and in no case shall instructions be interpreted as permitting a departure from the contract
documents unless such instruction is confirmed in writing and supported by a properly
authorized Change Order.
� 21

c. Should a claim for extra compensation by the Contractor be denied by the Designer or
Owner and cannot be resolved by a representative of the Owner, the Contractor may
request a mediation. i
it
ARTICLE 21 -MINOR CHANGES IN THE WORK
The Designer will have the authority to order minor changes in the work not involving an
adjustment in the contract sum or time for completion, and not inconsistent with the intent of
the contract documents. Such changes shall be affected by written order and shall be binding
on the Owner and the Contractor.
ARTICLE 22 - UNCORRECTED FAULTY WORK
Should the correction of faulty or damaged work be considered inadvisable or inexpedient by
the Owner and the Designer, the Owner shall be reimbursed by the Contractor. A Change
Order will be issued to reflect a reduction in the contract sum.
ARTICLE 23 -TIME OF COMPLETION, DELAYS, EXTENSION OF TIME w.►
a. The Contractor shall commence work to be performed under this agreement on a date to i
be specified in a written Notice to Proceed from the Designer and shall fully complete all
work within 154 consecutive days. The consecutive calendar days shall include all
allowable historical rain days and any Sundays during which work may not be allowed to
take place. The Contractor, upon notice of award of contract, shall prepare a
construction schedule to complete the Project within the time of completion as required by �..
Article 14.
b. The Contractors shall commence work to be performed under this agreement on a date to
be specified in a written Notice to Proceed from the Designer and shall fully complete all
work hereunder within the time of completion stated. For each day in excess of the above
number of days, the Contractor(s) shall pay the Owner the sum stated as Liquidated
Damages reasonably estimated in advance to cover the losses to be incurred by the
Owner by reason of failure of said Contractor(s) to complete the work within the time
specified, such time being in the essence of this contract and a material consideration
thereof. The liquidated damages are to be one thousand dollars ($1,000) per day until. ar
c. The Designer shall be the judge as to the division of responsibility between the
Contractor(s), based on the construction schedule, weekly reports, and job records, and
shall apportion the amount of Liquidated Damages to be paid by each of them, according
to delay caused by any or all of them.
r
d. If the Contractor is delayed at any time in the progress of his work by any act or i..r
negligence of the Owner or the Designer, or by any employee of either; by any separate
Contractor employed by the Owner; by changes ordered in the work; by labor disputes at
the Project site; by abnormal weather conditions not reasonably anticipated for the locality
where the work is performed; by unavoidable casualties; by any causes beyond the
Contractor's control; or by any other causes which the Designer and Owner determine
may justify the delay, then the contract time may be extended by Change Order for the
time which the Designer and Owner may determine is reasonable. ;..,
Time extensions will not be granted for rain, wind, snow, or other natural phenomena of
normal intensity for the locality where work is performed. Time extensions for weather ?
delays do not entitle the Contractor to "extended overhead" recovery.
22
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Extension due to rain delays shall be approved based on 0.1-inch per day rain intensity
`r and shall be based on the Southeast Regional Climate Center (SERCC) data, which is
provided in the appendix. Rain day extension will be granted for reported rain days
exceeding the historical rain days for a given month. Rain day consideration is cumulative
dr only for one month and shall not carry forward to the next month. Impact days due to
weather and soils conditions shall be measured separately.
e. Request for extension of time shall be made in writing at the Weekly Progress Meeting
and within five (5) days following cause of delay. In case of continuing cause for delay, the
Contractor shall notify the Designer of the delay within five (5) days of the beginning of the
r.w delay and only one claim is necessary.
f. The Contractor shall notify his Surety in writing of extension of time granted.
g. No claim shall be allowed on account of failure of the Designer to furnish drawings or
instructions until twenty (20) days after demand for such drawings and/or instructions.
See Article 5c.
ARTICLE 24-PARTIAL UTILIZATION/BENEFICIAL OCCUPANCY
a. This section does not apply.
ARTICLE 25-FINAL INSPECTION,ACCEPTANCE,AND PROJECT CLOSEOUT
ow a. Upon notification from the contractor(s) that the project is completed and ready for
inspection, the designer shall make a Preliminary Inspection to verify that the project is
complete and ready for Owner Inspection. If project is determined to be completed the
designer will schedule an Owner Walkthrough. Prior to Owner Inspection, the
contractor(s) shall complete all items requiring corrective measures noted at the
Preliminary Inspection. If the owner approves of work the designer shall schedule a Final
Inspection at a time and date acceptable to the Owner, and Contractor(s). Prior to Final
Inspection, the contractor(s) shall complete all items requiring corrective measures noted
at the Owner Inspection.
b. When Contractors finish their work prior to completion by other Contractors, these
contracts shall be closed out through the final inspection, acceptance, and final payment
process on recommendation of the Designer.
c. At the final inspection, the Designer shall, if job conditions warrant, record a list of items
that are found to be incomplete or not in accordance with the contract documents. At the
conclusion of the final inspection, the Designer shall make the following determinations:
1. That the Project is completed and accepted.
2. That the Project is accepted subject to the list of discrepancies (punch list). All punch
list items must be completed within thirty (30) days of acceptance or the Owner may
invoke Article 28, Owner's Right to Do Work.
3. That the Project is not complete and another date for a final inspection will be
established.
d. Within fourteen (14) days of acceptance per Paragraph c1 or within fourteen (14) days
after completion of punch list per Paragraph c2 above, the Designer shall certify the work
and issue applicable certificate(s) of compliance.
23
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I
e. Any discrepancies listed or discovered after the date of final inspection and acceptance WEI
under Paragraphs c1 or c2 above shall be handled in accordance with Article 42.
f. The date of acceptance will establish the following: y.r
1. The beginning of guarantees and warranties period.
2. The date on which the Contractor's insurance coverage for public liability, property
damage and builder's risk may be terminated.
3. That no Liquidated Damages (if applicable) shall be assessed after this date.
4. The termination date of utility cost to the Contractor.
ARTICLE 26 -CORRECTION OF WORK BEFORE FINAL PAYMENT
a. Any work, materials, fabricated items, or other parts of the work which have been
condemned or declared not in accordance with the contract by the Designer shall be +..+
promptly removed from the work site by the Contractor and shall be immediately replaced
by new work in accordance with the contract at no additional cost to the Owner. Work or
property of other Contractors or the Owner, damaged or destroyed by virtue of such faulty
work, shall be made good at the expense of the Contractor whose work is faulty.
b. Correction of condemned work described above shall commence within twenty-four (24)
hours after receipt of notice from the Designer and shall make satisfactory progress until �.►
completed.
c. Should the Contractor fail to proceed with the required corrections, then the Owner may
complete the work in accordance with the provisions of Article 28.
ARTICLE 27 -CORRECTION OF WORK AFTER FINAL PAYMENT
See Article 35, Performance Bond and Payment Bond, and Article 42, Guarantee. Neither the
final certificate, final payment, occupancy of the premises by the Owner, nor any provision of
the contract, nor any other act or instrument of the Owner, nor the Designer, shall relieve the
Contractor from responsibility for negligence, or faulty material or workmanship, or failure to
comply with the drawings and specifications. He shall correct or make good any defects due
thereto and repair any damage resulting therefrom, which may appear during the guarantee
period following final acceptance of the work except as stated otherwise under Article 42, low
Guarantee. The Owner will report any defects that may appear to the Contractor and establish
a time limit for completion of corrections by the Contractor. The Owner will be the judge as to
the responsibility for correction of defects.
ARTICLE 28-OWNER'S RIGHT TO DO WORK
If, during the progress of the work or during the period of guarantee, the Contractor fails to
prosecute the work properly or to perform any provision of the contract, the Owner, after fifteen
(15) days' written notice sent by certified mail, return receipt requested, to the Contractor from
the Designer, may perform or have performed that portion of the work. The cost of the work
may be deducted from any amounts due or to become due to the Contractor, such action and
cost of same having been first approved by the Designer. Should the cost of such action of
the Owner exceed the amount due or to become due the Contractor, then the Contractor or his
Surety, or both, shall be liable for and shall pay to the Owner the amount of said excess. r..,►
24

No
ARTICLE 29-ANNULMENT OF CONTRACT
No
If the Contractor fails to begin the work under the contract within the time specified, or the
progress of the work is not maintained on schedule, or the work is not completed within the
WW time above specified, or fails to perform the work with sufficient workmen and equipment or
with sufficient materials to ensure the prompt completion of said work, or shall perform the
work unsuitably or shall discontinue the prosecution of the work, or if the Contractor shall
become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or
to become
any final judgment to stand against him unsatisfied for a period of forty-eight (48) hours,
or shall make an assignment for the benefit of creditors, or for any other cause whatsoever
shall not carry on the work in an acceptable manner, the Owner may give notice in writing,
we sent by certified mail, return receipt requested, to the Contractor and his Surety of such delay,
neglect or default, specifying the same, and if the Contractor within a period of fifteen (15)
days after such notice shall not proceed in accordance therewith, then the Owner shall,
declare this contract in default, and, thereupon, the Surety shall promptly take over the work
r' and complete the performance of this contract in the manner and within the time frame
specified. In the event the Surety shall fail to take over the work to be done under this contract
within fifteen (15) days after being so notified and notify the Owner in writing, sent by certified
mail, return receipt requested, that he is taking the same over and stating that he will diligently
pursue and complete the same, the Owner shall have full power and authority, without
violating the contract, to take the prosecution of the work out of the hands of said Contractor,
to appropriate or use any or all contract materials and equipment on the grounds as may be
suitable and acceptable and may enter into an agreement, either by public letting or
negotiation, for the completion of said contract according to the terms and provisions thereof
or use such other methods as in his opinion shall be required for the completion of said
b.+ contract in an acceptable manner. All costs and charges incurred by the Owner, together with
the costs of completing the work under contract, shall be deducted from any monies due or
which may become due said Contractor and Surety. In case the expense so incurred by the
Owner shall be less than the sum which would have been payable under the contract, if it had
been completed by said Contractor, then the said Contractor and Surety shall be entitled to
receive the difference, but in case such expense shall exceed the sum which would have been
payable under the contract, then the Contractor and the Surety shall be liable and shall pay to
�► the Owner the amount of said excess.
ARTICLE 30-CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT
a. Should the work be stopped by order of a court having jurisdiction, or by order of any
other public authority for a period of three months, due to cause beyond the fault or
control of the Contractor, or if the Owner should fail or refuse to make payment on
�► account of a certificate issued by the Designer within thirty(30) days after receipt of same,
then the Contractor, after fifteen (15) days' written notice sent by certified mail, return
receipt requested, to the Owner and the Designer, may suspend operations on the work
or terminate the contract.
b. The Owner shall be liable to the Contractor for the cost of all materials delivered and work
performed on this contract plus 20 percent overhead and profit and shall make such
�► payment. The Designer shall be the judge as to the correctness of such payment.
ARTICLE 31 -REQUEST FOR PAYMENT
a. Not later than the fifth day of the month, the Contractor shall submit to the Designer a
request for payment for work done during the previous month. The request shall be in the
form agreed upon between the Contractor and the Designer, but shall show substantially
�► the value of work done and materials delivered to the site during the period since the last
payment, and shall sum up the financial status of the contract with the following
information:
25

1. Total of contract including Change Orders.
2. Value of work completed to date.
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3. Less five percent (5%) retainage, provided however, that after fifty percent (50%) of
the Contractor's work has been satisfactorily completed on schedule, with approval of
the Owner and written consent of the Surety, further requirements for retainage will
be waived only so long as work continues to be completed satisfactorily and on
schedule.
4. Less previous payments. W.r
5. Current amount due.
b. The Contractor, upon request of the Designer, shall substantiate the request with invoices
of vouchers or payrolls or other evidence.
c. Prior to submitting the first request, the Contractor shall prepare for the Designer a
schedule showing a breakdown of the contract price into values of the various parts of the
work, so arranged as to facilitate payments to Sub Contractors in accordance with Article
17, Contractor and Sub Contractor Relationships. The Contractor(s) shall list the value of
each Sub Contractor and supplier, identifying each minority business Sub Contractor and
supplier as listed in Affidavit C, if applicable.
d. When payment is made on account of stored materials and equipment, such materials �•+
must be stored on the Owner's property, and the requests for payments shall be
accompanied by invoices or bills of sale or other evidence to establish the Owner's title to
such materials and equipment. Responsibility for such stored materials and equipment
shall remain with the Contractor regardless of Ownership title. Such stored materials and
equipment shall not be removed from the Owner's property. Should the space for storage
on-site be limited, the Contractor, at his option, shall be permitted to store such materials
and/or equipment in a suitable space off-site. Should the Contractor desire to include any ``"'
such materials or equipment in his application for payment, they must be stored in the
name of the Owner in a commercial warehouse approved by the Designer and located as i
close to the site as possible. The warehouse selected must be approved by the �•+
Contractor's bonding and insurance companies; the material to be paid for shall be
assigned to the Owner and shall be inspected by the Designer. Upon approval by the
Designer of the storage facilities and materials and equipment, payment therefore will be
certified. Responsibility for such stored materials and equipment shall remain with the
Contractor. Such stored materials and equipment shall not be moved except for
transportation to the Project site. Under certain conditions, the Designer may approve
storage of materials at the point of manufacture, which conditions shall be approved by
the Designer, and the Owner prior to approval for the storage and shall include an
agreement by the storing party which unconditionally gives the Owner absolute right to
possession of the materials at any time. Bond, security, and insurance protection shall �••►
continue to be the responsibility of the Contractor(s).
e. In the event of beneficial occupancy, retainage of funds due the Contractor(s) may be
reduced with the approval of the Owner to an equitable amount to cover the list of items to
be completed or corrected. Retainage may not be reduced to less than two and one-half
(2 1/2) times the estimated value of the work to be completed or corrected. Reduction of
retainage must be with the consent and approval of the Contractor's bonding company.
2 �6

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ARTICLE 32-CERTIFICATES OF PAYMENT AND FINAL PAYMENT
d.
a. Within five (5) days from receipt of request for payment from the Contractor, the Designer
shall issue and forward to the Owner a certificate for payment. This certificate shall
WW indicate the amount requested or as approved by the Designer. If the certificate is not
approved by the Designer, he shall state in writing to the Contractor and the Owner his
reasons for withholding payment.
`w b. No certificate issued, or payment made shall constitute an acceptance of the work or any
part thereof. The making and acceptance of final payment shall constitute a waiver of all
claims by the Owner except:
tow
1. Claims arising from unsettled liens or claims against the Contractor.
two 2. Faulty work or materials appearing after final payment.
3. Failure of the Contractor to perform the work in accordance with drawings and
specifications, such failure appearing after payment.
wo
4. As conditioned in the performance bond.
c. The making and acceptance of final payment shall constitute a waiver of all claims by the
`°'� Contractor except those claims previously made and remaining unsettled (Article 20(c)).
d. Prior to submitting request for final payment to the Designer for approval, the Contractor
00 shall fully comply with all requirements specified in the "Project closeout" section of the
specifications. These requirements include but are not limited to the following:
1. Submittal of Product and Operating Manuals, Warranties and Bonds, Guarantees,
to Maintenance Agreements, As-Built Drawings, Certificates of Inspection or
Approval from agencies having jurisdiction. (The Designer must approve the
Manuals prior to delivery to the Owner).
2. Transfer of Required attic stock material and all keys in an organized manner.
3. Record of Owner's training.
4. Resolution of any final inspection discrepancies.
r.+ e. The Contractor shall forward to the Designer, the final application for payment along with
the following documents:
1. List of minority business Sub Contractors and material suppliers showing
breakdown of contracts amount.
2. Affidavit of Release of Liens.
3. Affidavit of Contractors of payment to material suppliers and Sub Contractors.
(See Article 36).
4. Consent of Surety to Final Payment.
5. Certificates of state agencies required by state law.
�.r
27
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V
f. The Designer will not authorize final payment until the work under contract has been
certified by Designer, certificates of compliance issued, and the Contractor has complied
with the closeout requirements. The Designer shall forward the Contractor's final
application for payment to the Owner along with respective certificate(s) of compliance
required by law.
ARTICLE 33 - PAYMENTS WITHHELD
a. The Designer with the approval of the Owner may withhold payment for the following
reasons:
1. Faulty work not corrected. '■'
2. The unpaid balance on the contract is insufficient to complete the work in the
judgment of the Designer.
3. To provide for sufficient contract balance to cover Liquidated Damages that will be
assessed.
b. The secretary of the Department of Administration may authorize the withholding of
payment for the following reasons:
1. Claims filed against the Contractor or evidence that a claim will be filed.
2. Evidence that Sub Contractors have not been paid.
c. When grounds for withholding payments have been removed, payment will be released.
Delay of payment due the Contractor without cause will make Owner liable for payment of
interest to the Contractor as provided in G.S. 143-134.1.
ARTICLE 34-MINIMUM INSURANCE REQUIREMENTS
The work under this contract shall not commence until the Contractor has obtained all required
insurance and verifying certificates of insurance have been approved in writing by the Owner.
Insurance certificates must contain language, appropriately inserted in the insurance certificate
block provided, as follows: "Notwithstanding the preprinted cancellation provisions on this
form, coverages afforded under the policies will not be cancelled, reduced in amount nor will
any coverages be eliminated until at least thirty (30) days after mailing written notice, by
certified mail, return receipt requested, to the insured and the owner, of such alteration or
cancellation."
a. Worker's Compensation and Employer's Liability
The Contractor shall provide and maintain, during the life of the contract, workmen's
compensation insurance, as required by law, as well as employer's liability coverage with
minimum limits of$100,000.
b. Public Liability and Property Damage
The Contractor shall provide and maintain, during the life of the contract, comprehensive
general liability insurance, including coverage for premises operations, independent
Contractors, completed operations, products and contractual exposures, as shall protect
such Contractors from claims arising out of any bodily injury, including accidental death,
as well as from claims for property damages which may arise from operations under this
contract, whether such operations be by the Contractor or by any Sub Contractor, or by
W
28
WW

Wo
Mo anyone directly or indirectly employed by either of them and the minimum limits of such
insurance shall be as follows:
Bodily Injury: $1,000,000 per occurrence
No Property Damage: $1,000,000 per occurrence/$1,000,000 aggregate
In lieu of limits listed above, a $1,000,000 combined single limit shall satisfy both
Wo conditions.
Such coverage for completed operations must be maintained for at least two (2) years
following final acceptance of the work performed under the contract.
400
c. Property Insurance(Builder's Risk/installation Floater)
,aw The Contractor shall purchase and maintain property insurance during the life of this
contract, upon the entire work at the site to the full insurable value thereof. This insurance
shall include the interests of the Owner, the Contractor, the Sub Contractors, and sub-Sub
Contractors in the work and shall insure against the perils of fire, extended coverage, and
low vandalism and malicious mischief. If the Owner is damaged by failure of the Contractor to
purchase or maintain such insurance, then the Contractor shall bear all reasonable costs
properly attributable thereto; the Contractor shall affect and maintain similar property
insurance on portions of the work stored off the site when request for payment per articles
so includes such portions.
d. Deductible
Any deductible, if applicable to loss covered by insurance provided, is to be borne by the
Contractor.
e. Other Insurance
The Contractor shall obtain such additional insurance as may be required by the Owner or
by the General Statutes of North Carolina including motor vehicle insurance, in amounts
not less than the statutory limits. Comprehensive Automobile Liability Insurance covering
liability arising out of auto (owned, hired and non-owned) providing limits of liability of not
tow less than $1,000,000 combined single limit for bodily injury and property damage — each
accident.
The Owner, Designer and any other person or organization as required by written contract
4W or agreement (and each entities officers, directors and employees) shall be named as
additional insured's under Sub Contractor's CGL and Automobile policy for any liability
arising out of the performance of Sub Contractor's work. Coverage under CGL for all
tw required additional insured's shall be provided by a policy provision or by an endorsement
providing coverage at least as broad as Additional Insured endorsement form CG2010
11/85 as published by the Insurance Services Office (ISO). A separate designated
construction project General Aggregate applies to each construction project under
Wo contract. This insurance is primary and non-contributory for the benefit of the additional
insured. A copy of the endorsement forms must accompany the certificate. Forms
deemed by DRG as equivalent will be accepted but must include additional insured status
,w for ongoing operations and completed operations.
f. Proof of Carriage
W The Contractor shall furnish the Owner with satisfactory proof of carriage of the insurance
required before written approval is granted by the Owner.
WW 29
WW

ARTICLE 36-PERFORMANCE BOND AND PAYMENT BOND
a. Each Contractor shall furnish a performance bond and payment bond executed by a
Surety company authorized to do business in North Carolina. The bonds shall be in the +r
full contract amount. Bonds shall be executed in the form bound with these specifications
(Section 307 and Section 308).
b. All bonds shall be countersigned by an authorized agent of the bonding company who is two
licensed to do business in North Carolina.
ARTICLE 36-CONTRACTOR'S AFFIDAVIT +..i
The final payment of retained amount due the Contractor on account of the contract shall not
become due until the Contractor has furnished to the Owner through the Designer an affidavit
signed, sworn, and notarized to the effect that all payments for materials, services or
subcontracted work in connection with his contract have been satisfied, and that no claims or
liens exist against the Contractor in connection with this contract. In the event that the
Contractor cannot obtain similar affidavits from Sub Contractors to protect the Contractor and
the Owner from possible liens or claims against the Sub Contractor, the Contractor shall state
in his affidavit that no claims or liens exist against any Sub Contractor to the best of his (the
Contractor's) knowledge, and if any appear afterward, the Contractor shall save the Owner y
harmless.
ARTICLE 37 -ASSIGNMENTS
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The Contractor shall not assign any portion of this contract nor subcontract in its entirety.
Except as may be required under terms of the performance bond or payment bond, no funds,
or sums of money due or become due the Contractor under the contract may be assigned.
ARTICLE 38- USE OF PREMISES
a. The Contractor(s) shall confine his apparatus, the storage of materials and the operations r.r
of his workmen to limits indicated by law, ordinances, permits or directions of the Designer
and shall not exceed those established limits in his operations.
; i
b. The Contractor(s) shall not load or permit any part of the structure to be loaded with a
weight that will endanger its safety.
c. The Contractor(s) shall enforce the Designer's instructions regarding signs, +r
advertisements, fires, and smoking.
d. No firearms, any type of alcoholic beverages, or drugs (other than those prescribed by a
physician)will be permitted at the job site.
ARTICLE 39 -CUTTING, PATCHING AND DIGGING
a. The Contractor shall do all cutting, fitting, or patching of his work that may be required to
make its several parts come together properly and fit it to receive or be received by work
of other Contractors shown upon or reasonably implied by the drawings and specifications
for the completed structure, as the Designer may direct.
b. Any cost brought about by defective or ill-timed work shall be borne by the party
responsible therefor. �•+
30 y

c. No Contractor shall endanger any work of another Contractor by cutting, digging or other
means. No Contractor shall cut or alter the work of any other Contractor without the
consent of the Designer and the affected Contractor(s).
rr ARTICLE 40 -UTILITIES, STRUCTURES, SIGNS
a. The Project Expediter shall provide necessary and adequate facilities for water, electricity,
gas, oil, sewer, and other utility services, which may be necessary and required for
" completion of the project. Any permanent meters installed shall be listed in the Project
Expediter's name until his work is fully accepted by the Owner. As stipulated in the
Supplementary General Conditions, the Owner may: (1) pay utilities cost directly, (2) the
�► Project Expediter to pay all utilities cost, (3) or reimburse the Project Expediter for the
actual cost of utilities. The Owner or Project Expediter, as applicable, may recover actual
costs of metered utilities from the responsible party should delays occur in project
completion.
a. Meters shall be relisted in the Owner's name on the day following completion and
acceptance of the Project Expediter's work, and the Owner shall pay for services used
two after that date.
b. The Owner shall be reimbursed for all metered utility charges after the meter is relisted in
the Owner's name and prior to completion and acceptance of the work of all Contractors.
Reimbursement shall be made by the Contractor whose work has not been completed
and accepted. If the work of two or more Contractors has not been completed and
accepted, reimbursement to the Owner shall be paid by the Contractors involved on the
aw basis of assessments by the Designer.
d. The Contractor shall provide, if required and where directed, a shed for toilet facilities and
40 shall furnish and install in this shed all water closets required for a complete and adequate
sanitary arrangement. These facilities will be available to other Contractors on the job and
shall be kept in a neat and sanitary condition at all times. Chemical toilets are acceptable.
e. The Contractor shall, if required by the Supplementary General Conditions and where
directed, erect a temporary field office, complete with lights, telephone, heat, and air
conditioning. A portion of this office shall be partitioned off, of sufficient size, for the use of
a resident inspector, should the Designer so direct.
g. The Contractor will erect one sign on the Project if required. The sign shall be of sound
construction and shall be neatly lettered with black letters on white background. The sign
shall bear the name of the Project, and the names of prime Contractors on the Project,
and the name of the Designer and consultants. Directional signs may be erected on the
Owner's property subject to approval of the Owner with respect to size, style, and location
of such directional signs. Such signs may bear the name of the Contractor and a
directional symbol. No other signs will be permitted except by permission of the Owner.
law ARTICLE 41 -CLEANING UP
a. The Contractor shall keep the project site and surrounding area reasonably free from
rubbish at all times and shall remove debris from the site on a timely basis or when
"" directed to do so by the designer.
b. The Project Expediter shall provide and maintain suitable all-weather access to the
,W building.
WW 31
to

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c. Before final inspection and acceptance of the building, each Contractor shall clean his
portion of the work, including glass, hardware, fixtures, masonry, tile, and marble (using
no acid), clean and wax all floors as specified, and completely prepare the building for use
by the Owner, with no cleaning required by the Owner.
ARTICLE 42-GUARANTEE
a. The Contractor shall unconditionally guarantee materials and workmanship against patent
defects arising from faulty materials, faulty workmanship, or negligence for a period of
twelve (12) months following the date of final acceptance of the work or beneficial
occupancy and shall replace such defective materials or workmanship without cost to the
Owner.
b. Where items of equipment or material carry a manufacturer's warranty for any period
more than twelve (12) months, then the manufacturer's warranty shall apply for that
particular piece of equipment or material. The Contractor shall replace such defective ""�
equipment or materials, without cost to the Owner, within the manufacturer's warranty
period.
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c. Additionally,the Owner may bring an action for latent defects caused by the negligence of
the Contractor which is hidden or not readily apparent to the Owner at the time of
beneficial occupancy or final acceptance, whichever occurred first, in accordance with
applicable law.
d. Guarantees for roof, equipment, materials, and supplies shall be stipulated in the !
specification's sections governing such roof, equipment, materials, or supplies.
ARTICLE 43-CODES AND STANDARDS
Wherever reference is given to codes, standard specifications or other data published by
regulating agencies including, but not limited to, national electrical codes, North Carolina state
building codes, federal specifications, ASTM specifications, various institute specifications,
etc., it shall be understood that such reference is to the latest edition including addenda
published prior to the date of the contract documents.
ARTICLE 44-INDEMNIFICATION '
led
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
Owner, the Designer and the agents, consultants and employees of the Owner and Designer,
from and against all claims, damages, losses and expenses, including, but not limited to,
attorneys'fees, arising out of or resulting from the performance or failure of performance of the
work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property (other than the
work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part
by any negligent act or omission of the Contractor, the Contractor's Sub Contractor, or the
agents of either the Contractor or the Contractor's Sub Contractor. Such obligation shall not
be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity
which would otherwise exist as to any party or person described in this article.
ARTICLE 45-TAXES
This section does not apply.
32

law
ARTICLE 46-EQUAL OPPORTUNITY CLAUSE
The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as
amended by Executive Order 11375, relative to equal employment opportunity for all persons
too without regard to race, color, religion, sex or national origin, and the implementing rules and
regulations prescribed by the secretary of Labor, are incorporated herein.
ARTICLE 47-EMPLOYMENT OF THE HANDICAPPED
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The Contractor(s) agrees not to discriminate against any employee or applicant for
employment because of physical or mental handicap regarding any position for which the
�+ employee or applicant is qualified. The Contractor agrees to take affirmative action to employ,
advance in employment and otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in all employment practices.
ARTICLE 48-ASBESTOS-CONTAINING MATERIALS (ACM)
This section does not apply.
law
ARTICLE 49- MINORITY BUSINESS PARTICIPATION
WW GS 143-128.2 establishes a ten percent (10%) goal for participation by minority businesses in
total value of work for each State building Project. The document, Guidelines for Recruitment
and Selection of Minority Businesses for Participation in State Construction Contracts
including Affidavits and Appendix E are hereby incorporated into and made a part of this
Wo contract.
ARTICLE 50—CONTRACTOR EVALUATION
VW The Contractor's overall work performance on the Project shall be fairly evaluated in
accordance with the State Building Commission policy and procedures, for determining
qualifications to bid on future State capital improvement Projects. In addition to final
N' evaluation, interim evaluation may be prepared during the progress of Project. The document,
Contractor Evaluation Procedures, is hereby incorporated and made a part of this contract.
The Owner may request the Contractor's comments to evaluate the Designer.
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33

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CONSTRUCTION SEQUENCE
THE CONTRACTOR IS RESPONSIBLE FOR THE FOLLOWING SEQUENCE OF CONSTRUCTION
IN ACCORDANCE WITH THE CONSTRUCTION PLANS AND THE SPECIAL PROVISIONS,
INCLUDING ALL PERMITS, AS DIRECTED BY THE OWNER OR DESIGNER. THE CONTRACTOR
WILL CONSTRUCT THE STREAM FROM UPSTREAM TO DOWNSTREAM WITHIN EACH REACH
DETAILED BELOW. ALL DISTURBED AREAS SHALL BE SEEDED (WITH APPROPRIATE MIX) r.+
AND STRAW MULCHED AT THE END OF EACH DAY. EACH REACH (CHANNEL, FLOODPLAIN
AND BANKS) SHALL BE COMPLETED AND STABILIZED BY MATTING PRIOR TO FURTHER
CONSTRUCTION. CONTRACTOR SHALL ENSURE POSITIVE DRAINAGE FOR ALL CHANNELS ,
DAILY PRIOR TO LEAVING THE SITE.
ALL AREAS WITHIN THE LIMITS OF DISTURBANCE MAY BE CLEARED; HOWEVER, MAJOR
GRADING ACTIVITIES WILL BE LIMITED TO THE AREAS WITHIN THE LIMITS OF
CONSTRUCTION. THE LIMITS OF DISTURBANCE INCLUDE AREAS FOR STAGING AND
STOCKPILING.
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I. I. INITIAL SITE PREPARATION
1. STAKE AND MARK SENSITIVE AREAS WITH BOUNDARY MARKING MATERIAL TO
THE LIMITS AS INDICATED ON THE CONSTRUCTION PLANS.
2. PREPARE STAGING AND STOCKPILING AREAS IN AREAS LOCATED ON THE
CONSTRUCTION PLANS.
3. INSTALL TEMPORARY CONSTRUCTION ENTRANCES.
4. INSTALL AND MAINTAIN AN ONSITE RAIN GAUGE AND LOG BOOK.
5. STAKE CONSTRUCTION AND LIMITS OF CONSTRUCTION AS SHOWN ON THE
CONSTRUCTION PLANS.
6. INSTALL EROSION AND SEDIMENT CONTROL DEVICES.
II. FORNEY CREEK 6d
APPROXIMATE STATION 5+20 TO 32+00
PLAN SHEETS: 17, 18, 19, 20, 21, EC-2, EC-3, and EC-4
1. CHANNEL SEQUENCE
a. MAINTAIN FLOW WITHIN THE EXISTING CHANNEL.
b. CONSTRUCT OFFLINE CHANNEL AND ADJACENT FLOODPLAIN FROM
5+20—32+00.
c. CONSTRUCT OFFLINE TRIBUTARY CHANNEL AND ADJACENT two
FLOODPLAIN FROM 0+12—4+36.
2. OPEN UP ONLY THAT PORTION OF THE CHANNEL THAT CAN BE COMPLETED
AND STABILIZED WITHIN THE SAME DAY.
3. CONSTRUCT THE PROPOSED STREAM CHANNEL TO THE GRADE SPECIFIED IN
THE PLANS AND PROFILE. STOCKPILE AND SEPARATE ALL SOIL SUITABLE FOR
FILL OR TOPSOIL IN THE AREA INDICATED ON THE CONSTRUCTION PLANS.
34

ANY SOIL UNSUITABLE FOR FILL SHALL BE DISPOSED OF APPROPRIATELY
ONSITE.
4. CONSTRUCT TEMPORARY DAYLIGHT CHANNEL INTO EXISTING FORNEY CREEK
�+ TO PROVIDE POSITIVE DRAINAGE.
5. INSTALL STRUCTURES (LOG SILLS, FLOODPLAIN INTERCEPTORS, PLUGS,
TRANSPLANTS, AND TOE WOOD, ETC.).
6. SEED AND STRAW MULCH AREAS WHERE COIR FIBER MATTING IS TO BE
INSTALLED WITH APPROPRIATE TEMPORARY AND PERMANENT SEED MIX
�+ (ACCORDING TO PLANTING ZONE).
7. INSTALL COIR FIBER MATTING.
8. COMPLETE ALL STABILIZATION ACTIVITIES INCLUDING MATTING, SEED AND
MULCHING ACTIVITIES.
9. UPON COMPLETION OF STABILIZATION AND APPROVAL OF OWNER OR
DESIGNER, DIVERT WATER INTO CONSTRUCTED CHANNEL, REMOVE PUMP
AROUND OPERATION, REMOVE TEMPORARY IMPERVIOUS CHANNEL PLUG, AND
COMPLETE ALL STABILIZATION ACTIVITIES.
III. FORNEY CREEK
APPROXIMATE STATION 3+20 TO 5+20
PLAN SHEETS: 17 AND EC-2
1. CHANNEL SEQUENCE
a. INSTALL TEMPORARY PUMP AROUND OPERATION #1 TO CONSTRUCT
CHANNEL AND ADJACENT FLOODPLAIN FROM STA 3+20 TO 5+20.
2. OPEN UP ONLY THAT PORTION OF THE CHANNEL THAT CAN BE COMPLETED
AND STABILIZED WITHIN THE SAME DAY.
•+ 3. CONSTRUCT THE PROPOSED STREAM CHANNEL TO THE GRADE SPECIFIED IN
THE PLANS AND PROFILE. STOCKPILE AND SEPARATE ALL SOIL SUITABLE FOR
FILL OR TOPSOIL IN THE AREA INDICATED ON THE CONSTRUCTION PLANS.
ANY SOIL UNSUITABLE FOR FILL SHALL BE DISPOSED OF APPROPRIATELY
ONSITE.
4. INSTALL STRUCTURES (LOG SILLS, FLOODPLAIN INTERCEPTORS, PLUGS,
TRANSPLANTS, AND TOE WOOD, ETC.).
5. SEED AND STRAW MULCH AREAS WHERE COIR FIBER MATTING IS TO BE
INSTALLED WITH APPROPRIATE TEMPORARY AND PERMANENT SEED MIX
(ACCORDING TO PLANTING ZONE).
6. INSTALL COIR FIBER MATTING.
7. COMPLETE ALL STABILIZATION ACTIVITIES INCLUDING MATTING, SEED AND
MULCHING ACTIVITIES.
8. UPON COMPLETION OF STABILIZATION AND APPROVAL OF OWNER OR
DESIGNER, DIVERT WATER INTO CONSTRUCTED CHANNEL, REMOVE PUMP
35

W
AROUND OPERATION, REMOVE TEMPORARY IMPERVIOUS CHANNEL PLUG, AND
COMPLETE ALL STABILIZATION ACTIVITIES.
IV. FORNEY CREEK r.+
APPROXIMATE STATION 32+00 TO 34+30
PLAN SHEETS: 19 and EC-4
1. CHANNEL SEQUENCE Wei
a. INSTALL TEMPORARY PUMP AROUND OPERATION #2 TO CONSTRUCT
CHANNEL AND ADJACENT FLOODPLAIN FROM STA 32+00 TO 34+30.
2. OPEN UP ONLY THAT PORTION OF THE CHANNEL THAT CAN BE COMPLETED
AND STABILIZED WITHIN THE SAME DAY.
3. CONSTRUCT THE PROPOSED STREAM CHANNEL TO THE GRADE SPECIFIED IN
THE PLANS AND PROFILE. STOCKPILE AND SEPARATE ALL SOIL SUITABLE FOR
FILL OR TOPSOIL IN THE AREA INDICATED ON THE CONSTRUCTION PLANS.
ANY SOIL UNSUITABLE FOR FILL SHALL BE DISPOSED OF APPROPRIATELY
ONSITE.
4. INSTALL STRUCTURES (LOG SILLS, FLOODPLAIN INTERCEPTORS, PLUGS, `r
TRANSPLANTS, AND TOE WOOD, ETC.).
5. SEED AND STRAW MULCH AREAS WHERE COIR FIBER MATTING IS TO BE i.r
INSTALLED WITH APPROPRIATE TEMPORARY AND PERMANENT SEED MIX
(ACCORDING TO PLANTING ZONE).
6. INSTALL COIR FIBER MATTING.
7. COMPLETE ALL STABILIZATION ACTIVITIES INCLUDING MATTING, SEED AND
MULCHING ACTIVITIES. �r
8. UPON COMPLETION OF STABILIZATION AND APPROVAL OF OWNER OR
DESIGNER, DIVERT WATER INTO CONSTRUCTED CHANNEL, REMOVE PUMP
AROUND OPERATION, REMOVE TEMPORARY IMPERVIOUS CHANNEL PLUG, AND
COMPLETE ALL STABILIZATION ACTIVITIES.
V. UPON COMPLETION OF FORNEY CREEK AND TRIBUTARY CONSTRUCTION,
CONSTRUCT MINE HAUL ROAD AND BRIDGE ACCESS ROAD.
XVII. REPAIR AND STABILIZE ALL DISTURBED AREAS.
XVIII. REMOVE SEDIMENT AND EROSION CONTROL DEVICES, ANY TEMPORARY FENCING,
STAKING, SENSITIVE AREA MARKING MATERIAL, TRASH, ETC. FROM THE SITE. v
XIX. SEED AND STRAW MULCH STAGING, STOCKPILING AND ANY BARE AREAS WITH
APPROPRIATE TEMPORARY AND PERMANENT SEED MIXTURE (ACCORDING TO PLANTING u
ZONE).
XX. SITE CLEAN UP SHOULD OCCUR AFTER ALL CONSTRUCTION ACTIVITIES HAVE BEEN
COMPLETED. SITE CLEAN UP SHOULD INCLUDE REMOVAL OF TRASH AND CONSTRUCTION
MATERIALS.
36

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SPECIAL PROVISIONS:
SECTION 1.0: GENERAL SPECIFICATIONS
1.01: Contractor is required to have Part 46 Mine Safety and Health Administration (MSHA) training
prior to accessing the site. Part 46 MSHA training should be coordinated through NC
Department of Labor and documentation of training shall be provided to the Owner prior to
beginning work.
1.02: Contract type is Fixed Price Adjusted by Quantities. For unit price bid items, overruns and
underruns will be adjusted based on the difference between the quantity estimated and the
quantity utilized. For lump sum bid items, a Change Order is applicable only to modifications
in scope of work and should not be adjusted based on quantity take-off.
1.03: Standards applicable to this Project include, but are not limited to, specifications listed within
this document, NC Erosion and Sedimentation Control Planning and Design Manual, and the
NC DEQ Stormwater Best Management Practices Manual.
1.04: Project construction limits are located along a stream and the adjacent low lying areas
specified on the plans. Contractor should be aware of the potential risks for flooding within the
construction limits.
1.05: Contractor will be accessing the Project site through areas depicted on plans. The Contractor
is to ensure public safety during all phases of construction.
1.06: The Contractor shall provide a rain gauge and logbook at the Project site and shall read, and
record rain amounts at the Project site at the same time each day. Time extensions will not be
granted for rain, wind, snow, or other natural phenomena of normal intensity for the locality
where work is performed. For rain delays, Contractors must document both rain days and
impact days using the NPDES forms provided in the construction documents.
1.07: The Contractor shall not utilize a borrow pit that is located within %2 mile of any boundary of a
wetland mitigation site, if excavation in the borrow pit will fall below the highest elevation of the
nearby mitigation site.
�► 1.08: No borrow material shall be taken from the site unless directed by the Designer.
1.09: There is no subsurface information available for this Project. The Contractor shall complete
any investigation of subsurface conditions required for construction.
1.10: The Contractor is responsible for clearing and disposing of any fallen trees or other trees that
lie within construction limits as directed by the Owner or Designer.
1.11: The Contractor is responsible for clearing and disposing of any man-made materials or other
debris that lies within construction limits, as requested, and approved by the Owner or
Designer.
1.12: Suitable topsoil shall be stockpiled and replaced at the appropriate grade as approved by the
Owner or Designer.
1.13: Any damage resulting from actions of the Contractor to structures or grounds on site will be
repaired or replaced at the expense of the Contractor. Structures or grounds damaged by the
Contractor will be replaced or repaired to a quality meeting or exceeding their previous
standards.
1.14: The Contractor shall utilize the construction plans to build the job. Electronic files will not be
available.
1.15: The Contractor shall be responsible for his own work. The Designer and his staff shall try to
help the Contractor to avoid making errors, but their approval of his work shall not relieve the
Contractor of ultimate responsibility as documented in the final as-built survey.
� 37

SECTION 2.0: SITE PREPARATION
2.01: Mobilization
The work shall consist of the mobilization and demobilization of the Contractor's forces and equipment
necessary for performing the work required under the contract. Mobilization will not be considered as
work in fulfilling the contract requirements for commencement of work.
Mobilization shall include all activities and associated costs for transportation of Contractor's �+
personnel, equipment, and operating supplies to the site; establishment of offices, buildings, staging
areas, stockpiling areas, and other necessary general facilities for the Contractor's operations at the
site; including coinsurance and reinsurance agreements as applicable; and other items specified.
Mobilization shall include sanitary facilities. The Contractor shall furnish and install temporary sanitary
facilities for use throughout construction period. This includes containers to dispense drinking water,
enclosed toilet facilities and general washing facilities for construction personnel, which complies with
OSHA safety and health regulations for these facilities. Appropriate sanitary facilities are to be
established within the Project site.
Mobilization shall include all activities and costs for transportation of personnel, equipment, and
supplies not required or included in the contract from the site; including the disassembly, removal and
site clean-up, of offices, buildings and other facilities assembled on the site specifically for this r..;
contract.
A site inspection box will be provided as incidental part to the cost of mobilization. The site inspection
box shall be of adequate size to hold plans, specifications, permits and other documents on site.
This work includes mobilization and demobilization required by the contract at the time of award. If
additional mobilization and demobilization activities and costs are required during the performance of
the contract as a result of changed, deleted, or added items of work for which the Contractor is
entitled to an adjustment in contract price, compensation for such costs will be included in the price
adjustment for the item or items of work changed or added. Mobilization shall not be used to cover
costs of bond premiums.
Payment of Mobilization costs over 5% (five percent) of the total construction contract will be held and
paid for with the final payment.
Payment will be made under
Mobilization.....................................................................................................................Lump Sum (LS)
2.02: Sensitive Areas
Marking of Sensitive Areas wo,
To limit disturbance of soils and vegetation on site, the Contractor shall restrict the movement of all
construction equipment within the sensitive areas. Sensitive areas are inside and outside the
construction limits including specimen trees. The Owner or Designer may request the Contractor flag r•�+
all or some sensitive areas due to their proximity to the Project. The Contractor shall identify the
boundaries of all sensitive areas by using a highly visible tape, or orange boundary fencing, and will
stake the limits of where construction equipment is permitted to travel, as directed by the Owner or .Pw
Designer. Sensitive areas shall remain marked throughout the duration of the construction. The
Contractor will remove all materials used for marking sensitive areas prior to final acceptance. The
Contractor assumes responsibility for "in-kind" replacement of any resources damaged within the
sensitive areas. Sensitive areas are listed above and maybe added to as indicated on the u
construction plans or by the Owner or Designer.
38 u

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and
Materials
Acceptable materials for identifying sensitive areas include highly visible tape or orange boundary
fencing. Other materials may be utilized upon approval of the Owner or Designer.
WN
Method of Measurement
The quantity of boundary marking material will not be measured for payment under this section.
bw
Basis of Payment
Payment of marking sensitive areas will not be measured for payment under this section.
Payment for marking sensitive areas will be incidental to clearing and grubbing work as outlined under
"Site Preparation Prior to Grading Operations" in these Special Provisions.
This payment shall be considered full compensation for all labor, equipment, materials, and
incidentals necessary to mark sensitive areas.
� 39

2.03: Construction Survey
The horizontal and vertical control for the project shall be established and verified by a professional
land surveyor registered in North Carolina. Such control will be utilized by both GPS Enabled
Equipment(GPS-EE) and the Owner/Designer.
At a minimum, the Contractor is responsible for:
Establish horizontal and vertical control based on the control points shown within the
construction plans.
• Contractor shall notify the Designer immediately of any discrepancies identified with the
control points shown on the plans.
• Preparation of surface to be used in GPS Enabled Equipment shall be prepared by a
professional land surveyor registered in North Carolina. Contractor's surface shall be
submitted the Owner/Designer a minimum of two times for record keeping purposes; 1) prior to �.►
beginning earth moving activities and 2) upon completion of earth moving activities.
• Establish Benchmarks to be used throughout project. Vertical benchmarks should not be
spaced more than 500' apart and shall be preserved until completion of the construction
contract.
• Furnishing As-built Drawings as specified in the As-Built Survey section of these
Specifications.
The Owner or Designer may check all or any portion of the work, and the Contractor shall afford all
necessary assistance to the Owner or Designer in conducting such checks. The Contractor shall
immediately make any necessary corrections to the work. Such checking by the Owner or Designer
shall not relieve the Contractor of any responsibilities for the accuracy or completeness of the work.
Payment at the contract Lump Sum (LS) price for "Construction Survey" will be made for establishing
horizontal and vertical control, verifying construction control (horizontal and vertical) accuracy with
control points shown on plans, preparing surface to be used in GPS Enabled Equipment, establishing
benchmarks throughout the project site for the proper construction operations to construct the Project
in accordance with the lines, grades and dimensions detailed in the construction plans, cross-
sections, standard specifications, and special provisions.
Payment will be made under w
ConstructionSurvey.......................................................................................................Lump Sum (LS)
u
2.04: As-Built Survey
The As-Built Survey shall be performed by a Professional Land Surveyor registered in North Carolina. it
1. Contractor must coordinate with Owner or Designer prior to commencing work.
2. The Contractor shall commence with the As-Built survey after the completion of construction and
prior to final acceptance of the project unless otherwise directed by Owner or Designer. The As-
Built survey is intended to be used to demonstrate that the project was constructed in accordance -
with the contract documents, which is a condition of final acceptance. If the project is found to be
out of compliance with the contract documents or if the As-Built surveys demonstrate that the
project was not constructed in accordance with the contract documents, the Contractor shall be
required to complete subsequent As-Built surveys, as necessary and specified herein. Such
subsequent As-Built surveys are included in the unit bid price for As-Built Survey and shall be
conducted after the correction and acceptance of all defective work.
40 y

er
im 3. Surveyor will verify or establish horizontal and vertical control for the project prior to
commencement of work.
4. The survey will meet and exceed all the Standards of Practice for Land Surveying in North
Carolina as described in Title 21, Chapter 56 of the North Carolina Administrative Code.
'Mw 5. Surveyor will provide a Topographic Survey (including DTM with 1 foot contour map) of the Limits
of Disturbance.
6. Break lines should be placed within the DTM file to represent the top, toe, and thalweg of the
rr bankfull channel, as well as toe and top of bench excavation.
7. Surveyor will provide DTM survey along all swales and ditches.
8. Surveyor will ensure all above ground improvements are located in the field.
tw 9. Provide location of underground utilities and recorded easements, including sanitary sewer, storm
sewer, fiber optic lines, etc.
10. Provide baseline information in horizontal NC State Plane Coordinates (NAD83) and NAVD88
datum.
11.All mappings will be provided to Owner or Designer in AutoCad format. If the surveyor does not
have this ability, he/she shall notify Owner or Designer prior to commencement of work.
12.At a minimum, the Surveyor is responsible for collecting and producing the following data:
A. Clear delineation of these boundary features, at a minimum, all data features listed in "Name of
Level or Layer"table shown under line 13 below:
•Top and toe of bank and terrace.
•Channel boundary - shots along the stream channel shall be sufficient to map the pattern of
the channel as it appears on the ground.
1.At a minimum, shots along the meander bend shall be taken at the PC and PT points, as
well as the mid-point and quarter points of the curve.
2.Additional shots along the meander bend may be necessary such that the shots are
spaced approximately 1/3 of the designed bankfull width to fit a curve along the top, toe,
and thalweg.
•Bankfull
•Thalweg (deepest part of channel)
•Excavated floodplain
�.► •Beginning and ending of riffle
•Beginning and ending of deep pool
•Easement boundary
•Fencing
•Existing tree/woods line(if proximal)
•Locate bedrock outcroppings or any other channel hardening structures (both natural and
manmade)that are located within the channel and within the project limits.
B. All structures and utilities within the limits of disturbance (this information may be provided by
Owner):
•Bridges
•Crossings
•Buildings
•Utility poles or pipes (sewer, stormwater outfalls)
C. Project features (for example)
•Tributary confluence
•Surface water(wetlands)
•Natural stream or remaining active components of ditch network(wetlands)
D. Project specific structures, engineering, earthwork, planting zones:
•Grade control
•Instream structures (i.e., cross vanes, boulders, logs, etc.)
•Constructed riffles
`� 41

I.r
•Soil lift with Toe Wood
E. Project station numbers along the thalweg (10+00 etc.)
F. Additional features that Owner or Designer flags may include:
•Pool and riffle cross sections
•Begin and end longitudinal profile
•Benchmarks
•Vegetation Plots
G. Inset coordinate tables for monitoring features
H. Inset view for all specified monitoring cross sections and profiles.
I. Topography with a boldness/transparency level sufficient not to interfere with clear visual
interpretation of the other plan boundaries and features. The concern is that for stream plan
views (not wetland) this layer will obscure other detail. If this is the case, exclude this layer for
streams, however, this should be standard for wetlands.
J. In the case of stream projects, provide some representation of the pre-existing channel if
possible.
K. Proper legend and iconic representation of all applicable features from above.
13.All digital mapping shall be prepared using the following levels or layers:
NAME OF LEVEL OR LAYER
..._----------_-__._.._._.._._._._...._.......__..-_m...-....__-...._-__--.-_-_.._._._-_._...___..__-___..-_-_._-
Site Points
Site Location
Property Boundary
Features Parcel
Easement
Fencing
Utility Easement
Built Structure �+
Crossing Features
Culvert Crossing
Contours
X-contours
Channel Features
Reach Boundary
Thaiweg it
Bank Toe
Bankfull -
Terrace toe
Top of Terrace
Engineered Stream
Structures Floodplain Sill
(see construction Log Sill
Ian details for Brush Toe with Soil Lift
42 u
u

■.r
aw specific location of Toe wood with Soil Lift
shots) Rock Ramp
Permanent Ford Crossing
Floodplain Interceptor
aw Log Cross Vane
Rock Cross Vane
Armored Swale
Channel Rock Toe Protection
__.__......... . ._..._
Vegetation Features
Existing Vegetated Buffer(tree line)
Planted Buffer
Best Management Stormwater Wetland
low Practice Swale
Stormwater&
Agriculture
woo
14.As-Built survey will depict all topography within the construction limits.
15. Record Log: Maintain a log of layout control work. Record deviations from required lines and
levels. Include beginning and ending dates and times of surveys, weather conditions, name and
duty of each survey party member, and types of instruments and tapes used. Make the log
available for reference by the Owner or Designer.
�+ 16.Surveyor will provide a sealed As-Built survey map, of such quality that features are clearly visible
and legible, and the map shall be drawn to a reasonable scale.
The Owner or Designer may check all or any portion of the work, and the Contractor shall afford all
necessary assistance to the Owner or Designer in carrying out such checks. The Contractor shall
immediately make any necessary corrections to the work. Such checking by the Owner or Designer
shall not relieve the Contractor of any responsibilities for the accuracy or completeness of the work.
`~ As per state construction requirements, the As-Built Drawings must be sealed by the surveyor;
therefore, the Contractor shall coordinate with and make any necessary corrections to the drawings
for approval by the Owner or Designer.
Payment at the contract Lump Sum (LS) price for "As-Built Survey" will be made for providing a
sealed hard copy of the As-Built Survey and a digital copy of the survey in a format compatible with
AutoCAD.
Payment will be made under
br
As-Built Survey...............................................................................................................Lump Sum (LS)
r
43

i
ind
SECTION 3.0: EARTHWORK
3.01: Equipment Specifications
Excavation on site shall be accomplished with the use of a minimum '/ cubic yard heavy duty bucket
placed on an excavator fitted with a hydraulic thumb. Additionally, a 4-Y2 cubic yard capacity hydraulic
excavator capable of lifting capacity of 7,500 pounds at a trench depth of ten (10)feet will be required.
All equipment used on site shall be in good repair and meet the minimum specifications set forth
under this contract. Additionally, all equipment shall not be leaking any fluids. If equipment is not
maintained satisfactorily in good condition (e.g., has oil or hydraulic line leaks), the Owner or Designer
may request to remove the equipment from the site until it has been properly fixed.
3.02: Site Preparation Prior to Grading Operations �r
Clearing and Grubbing
a. Sensitive areas shall be marked prior to any clearing and grubbing work. The Contractor assumes
responsibility for "in-kind" replacement of anything damaged within the sensitive areas. (See Section
"Sensitive Areas".)
b. Clearing and grubbing operations shall be performed to the grading limits shown on the tiaw
construction plans (shown as "Limits of Construction" in construction plans). The Contractor is
directed to salvage brush material (tree and shrub limbs and timber) and hardwood trees of basal
diameter greater than 10 inches with root mass intact for use in log type structures (see details in
plans). The Contractor shall consult with the Designer to determine a minimum length of log that shall
be kept and stockpiled.
The Contractor is not to fell any trees on the Proiect site -greater than 3 inches in diameter
without the direct written approval of the Designer.
Clearing is defined as the cutting, removal, and satisfactory disposal of all wooded �
vegetation and debris.
• Grubbing is defined as the complete removal and satisfactory disposal of all grassy
vegetative matter, root mat, ball and root, topsoil material high in organic content, and
surface debris.
c. Debris and waste material within the conservation easement shall be disposed of off-site at a
location determined by the Contractor. It shall be the Contractor's responsibility to apply for and
obtain any necessary permits (including payment of any fees) or approval to dispose of debris and
waste materials.
• Debris and waste materials shall include, but not be limited to woody materials, non-natural
materials, white goods (e.g., various appliances, stoves, washers, refrigerators, etc.), TV's,
vehicles, furniture, toys, plastics, fence, liquids, and liquid containers.
Basis of Payment
The quantity of clearing and grubbing will be measured as provided for above, and will be paid
following successful completion, at the lump sum contract unit price for"Clearing and Grubbing."
Payment will be made under: �+
Clearingand Grubbing ...........................................................................................................Acres (AC)
44 `r

"W
The above price and payment will be full compensation for all work covered by this section including
but not limited to furnishing, installing, and maintaining marking material; hauling, placing, shaping,
tamping when required and disposing of any surplus stockpiled material.
3.03: Construction Activities in Stream Channel
General
"d No equipment shall be allowed in the live stream flow within the channels.
Excavation of Material On site
r► Suitable soil material excavated from the new stream channel shall be stockpiled as shown on plans
or as directed by the Owner or Designer. Suitable material will be used to fill in the old stream
channel. If additional fill material is needed, the Contractor must supply suitable material at the
Contractor's cost. Debris shall be disposed of onsite by the Contractor at the Contractor's cost.
Channel Fill
The existing stream channel is to be filled and compacted up to 1 foot above the existing channel's
top of bank with suitable soil material. The Contractor shall overfill the channel with soil such that the
soil is "mounded" above the normal bank elevation of the existing stream channel itself, as detailed on
the construction plans. Organic material shall not exceed 10 percent of the total volume of fill material
used. The table below is to be used in determining the minimum height of the soil mound above the
normal bank elevation.
Depth of channel invert Height of un-compacted soil
below normal bank elevation mound above normal bank elevation
0-2.0 ft. 6 - 12 in.
2.1 - 3.5 ft. 12 - 18 in.
�► 3.6- 5.0ft. 18 -24in.
5.1 -6.5 ft. 24 - 30 in.
6.6- 8.5 ft. 30 -36 in.
> 8.5 ft A height which is 35 percent of
stream channel depth
Impervious Channel Plugs
Impervious Channel Plugs shall be used to prevent the stream flow from re-activating the existing
channel in locations where the abandoned and new stream channels intersect. In locations where the
construction plans or the Owner or Designer specify that Impervious Channel Plugs are to be
installed, the Contractor shall:
a. Construct the Impervious Channel Plug as shown in the details of the construction
d.► document.
b. Construct the Impervious Channel Plug at all locations to the dimensions detailed in the
construction plans.
c. Clear and grub the Impervious Channel Plug cross-section on all sides to remove all
vegetation and root mat material as directed by the Owner or Designer, to an elevation
which is at least one foot below the elevation of the existing stream channel cross-section.
d. Construct the Impervious Channel Plug using material that meets the requirements of the
�r "Impervious Select Material" Sub-section of this specification and mat the plug using
� 45

material that meets the requirements of the "Coir Fiber Mat" Section of these J
specifications.
e. The Contractor shall mark the plug location on the ground to prevent any final ripping or
disking of these areas after all Impervious Channel Plug construction operations are
complete.
Impervious Select Material ,r
Soil Characteristics:
Materials that will function as impervious barriers to water movement shall be a silt or clayey soil
material meeting the requirements of AASHTO M 145 for soil classification A-2, A-6, and A-7 provided
such materials do not have a Liquid Limit (LL) greater than 50. To maintain soil workability for
placement and compaction, the following criteria shall apply for Plasticity Index (PI): i
Position of borrow material Constraints on Plasticity Index PI
Below the water table Must be greater than 7 and less than 25
Above the water table Must be greater than 7 and less than 35
Plasticity Index shall be determined in accordance with AASHTO T90, and Liquid Limit shall be
determined in accordance with AASHTO T89.
(The Contractor is cautioned that soils tend to become less workable as the PI increases above 20.
Although a PI of 35 may be acceptable, the Contractor shall be aware that additional efforts may be
necessary to work the soil in order to achieve minimum compaction standards.)
Separate Excavations to Place Select Material:
No separate payment will be made for the excavation necessary to construct impervious channel
plugs, impervious dikes, or any other feature that is constructed with select material, as the cost of
same shall be included in the price per cubic yard for"impervious select material."
or
Basis of Payment
The quantity of impervious select material, measured as provided above, will be paid for at the
contract unit price per cubic yard for"impervious select material."
The above price and payment will be full compensation for all work covered by this provision
including, but not limited to, furnishing of the impervious select material; providing and implementing a
development, use, and reclamation plan; building, maintaining, and obliterating access roads; clearing
and grubbing the source; removal and disposition of overburden and other unsuitable material;
excavation; hauling; restoration of the source and access roads to an acceptable condition, seeding,
mulching and maintaining the work.
Payment will be made under:
Impervious Select Material (obtained on-site) ...............................................................Cubic Yard (CY)
3.04: Grading Operations
Description
The Contractor shall perform grading as shown on the construction plans and attached cross-
sections. Field conditions may dictate necessary adjustments to grading plans. In such cases, the
Owner or Designer shall indicate adjustments to the Contractor.
46 y

No
d. Grading Operations shall also include the excavation, handling and disposal of any other
miscellaneous materials that fall within the grading limits or as indicated on the construction plans.
These miscellaneous materials may include but are not limited to pipes, retaining walls (timber,
sandbags, concrete, concrete bags, etc.), asphalt, concrete, scrap metal, tires, white products, and
ow general trash. No compaction shall be performed for graded areas unless as directed by the Owner
or Designer. Excavation of the proposed stream channel shall be to the elevations shown on the
plans. In areas of cut, under no circumstances are the invert or channel banks to be over excavated
No and backfilled with unconsolidated material unless specifically called for in the plans or as directed by
the Owner or Designer.
Grading Quantities
The following quantities have been calculated to serve as approximate values in determining bid
amounts for grading activities. Although the quantities are considered a close approximation of the
material that will be handled, these quantities will not be exact values. The Owner and/or Designer
shall not be held accountable for the accuracy of the quantities indicated below; the Contractor is
responsible for preparing his own quantity take off and shall adjust his line item price accordingly.
CUT(CY) FILL(CY) NET(CY)
Total 69,990 108,960 48,960 Borrow
Channel Fill 0 28,660 28,660 Borrow
Stream & Floodplain 53,250 15,330 37,920 Waste
Mine Haul Road 2,600 63,440 60,840 Borrow
Bridge Road 4,140 1,520 2,620 Waste
Disposal
All excess spoil material is to be hauled to the on-site location determined by the Owner. Work shall
include labor and equipment required to properly dispose of debris in accordance with all federal,
state, and local requirements.
Borrow
All borrow material to be obtained and hauled from the on-site location designated by the Owner.
Work shall include labor and equipment required to properly borrow material in accordance with all
federal, state, and local requirements.
Basis of Payment
All work covered by the provision will be paid for at the contract lump sum price described below.
Payment will be made under:
..r Grading—Stream, Floodplain, Channel Fill or Stockpile................................................Lump Sum (LS)
Grading—Haul Road......................................................................................................Lump Sum (LS)
Grading—Bridge Road...................................................................................................Lump Sum (LS)
The above price and payment will be full compensation for all work covered by this section including
but not limited to furnishing, installing, and maintaining marking material; excavating, hauling, placing,
shaping, tamping when required and disposing of any surplus material. This price also includes time
for shaping graded areas to the approval of the Owner or Designer and as specified in construction
documents. This may dictate the grading and re-grading of site areas at the direction of the Owner or
�..+ Designer until graded dimensions and elevations are approved by the Owner or Designer. Borrow
and Disposal of miscellaneous materials is incidental to Grading Operations.
dr 47

1
i
W
SECTION 4.0: STRUCTURES
4.01: Structure Stone
The Owner will furnish ALL Stone for the project and stockpile where needed for the Contractor.
Description
The work covered by this section consists of stockpiling, placing, and maintaining approved stone to r+
be utilized to construct items shown in plans and erosion control measures for use in locations as
directed by the Owner or Designer. The quantity of stone may be increased, decreased, or eliminated
entirely at the direction of the Owner or Designer. Such variations in quantity will not be considered as too
alterations in the details of construction or a change in the character of the work.
Materials
No. 57 Stone, "Rip Rap-Class A", and "Rip Rap-Class B", shall consist of blasted stone or other stone
approved by the Owner or Designer. The stone shall be sound, tough, dense, resistant to the action
of air and water, and suitable in all other respects for the purpose intended.
All stone shall meet the approval of the Owner or Designer. While no specific gradation is required,
the various sizes of the stone shall be equally distributed within the required size range. The size of
an individual stone particle will be determined by measuring its long dimension. �«►
Acceptance Criteria for Stone
CLASS
REQUIRED STONE SIZES INCHES
Minimum Average Maximum
A 2 4 6
B 5 8 12
1 5 10 17
No more than 5 percent of the material furnished can be less than the minimum size specified. No rr
more than 10 percent of the material can exceed the maximum size specified.
Boulders shall consist of blasted stone or other stone approved by the Owner or Designer. The low
boulders shall be sound,tough, dense, resistant to the action of air and water, and suitable in all other
respects for the purpose intended. They shall be relatively flat on either side in the same dimension,
preferably the long dimension. The Owner or Designer shall approve the boulders prior to placement.
If a boulder is rejected it shall be replaced at no cost to the Owner.
Acceptable Boulder Sizes
Re uired Boulder Size inches
Class Equivalent Minimum Midrange Maximum
Length 26 30 36
Width 26 30
Depth 20 24 30
u
Construction
The Contractor shall place stone in locations shown on the construction plans to the thickness, widths,
and lengths as shown on the construction plans or directed by the Owner or Designer. All stone shall
be placed neatly and uniformly with an even surface to form an in-stream structure or a sediment and
48 �
v

ud
.r erosion control device or in accordance with the construction plans and special provisions and shall
meet the approval of the Owner or Designer.
Method of Measurement
*W The quantity of stone required to construct the structures or sediment and erosion control measures
detailed in these special provisions will be incidental to those bid items.
no Basis of Payment
At no cost to the contractor, the Owner will furnish ALL Stone for the proiect and stockpile where
needed for the Contractor.
tow
4.02: Constructed Riffle
6W Description
The work covered under this section consists of all grading and installation of Constructed Riffles as
detailed in the construction document. The Constructed Riffle's intent is to provide a stable, riffle
ow medium for surface water flows through a channel. Variations in location of Constructed Riffles will
not be considered as alterations in the details of construction or a change in the character of the work.
Materials
The Owner will furnish ALL Stone for the project and stockpile where needed for the Contractor.
The contractor is to utilize Riffle Material specified within the plans to construct the Constructed Riffle
per the construction plans. Suitable Material shall be devoid of organic (sticks, limbs, leaves, brush,
trees, stumps, etc.) or man-made materials.
Construction
See construction plans for installation details for the Constructed Riffle.
Method of Measurement
The quantity of Constructed Riffle to be paid for will be the actual number Each of Constructed Riffles
installed and accepted by the Owner or Designer.
Basis of Payment
Payment will be made under:
ConstructedRiffle............................................................................................................................... EA
4.03: Boulder Riffle
Description
The work covered under this section consists of all grading and installation of Boulder Riffles as
ow detailed in the construction plans. The Boulder Riffle's intent is to provide a stable, riffle medium for
surface water flows through a channel. Variations in location of Boulder Riffles will not be considered
as alterations in the details of construction or a change in the character of the work.
4W
Materials
The Owner will furnish ALL Stone for the project and stockpile where needed for the Contractor.
tw The contractor is to utilize Suitable Material specified within the plans and boulders with a minimum
diameter of 3 ft to construct the Boulder Riffle per the construction plans. Suitable Material shall be
No 49
No

devoid of organic (sticks, limbs, leaves, brush, trees, stumps, etc.) or man-made materials. Non-
Woven Eco textile fabric should be US 270 NW or similar.
Construction
See construction plans for installation details for the Boulder Riffle.
Method of Measurement
The quantity of Boulder Riffle to be paid for will be the actual number Each of Boulder Riffles installed r.r
and accepted by the Owner or Designer.
Basis of Payment
Payment will be made under:
BoulderRiffle...................................................................................................................................... EA
4.04: Boulder Vane and J-Hook
Description
The work covered under this section consists of all grading and installation of Boulder Vane and J-
Hook as detailed in the construction document. This structure serves to step the channel invert down,
typically through the riffle portion of the stream. Variations in location of Drop Sills will not be
considered as alterations in the details of construction or a change in the character of the work.
Materials
The Owner will furnish ALL Stone for the project and stockpile where needed for the Contractor.
The contractor is to utilize Suitable Material specified within the plans. See detail in construction ,
plans. All stone materials shall meet the requirements of Boulder and Riffle Material, as outlined in
the construction plans and Section 4.01 "Structure Stone". Filter fabric shall be Type 2 engineering `r
fabric, meeting the following requirements: Grab Tensile Strength 200 lb., Elongation 15% Max.,
Puncture Strength 80 lb., Apparent Opening Size #60 Sieve, and Ultraviolet Exposure Strength
Retention 50%. �+
Construction
See construction plans for installation details for the Boulder Vane and J-Hook.
Method of Measurement
The quantity of Boulder Vanes and J-Hooks to be paid for will be the actual number (Each) of Boulder
Vanes and J-Hooks installed and accepted by the Designer.
Basis of Payment
Payment will be made under: �r
Boulder Vane and J-Hook........................................................................................................Each (EA)
The Owner will furnish ALL Stone for the project and stockpile where needed for the Contractor.
Such price and payment will be full compensation for all work covered by this section, including but
not limited to furnishing, placing, stabilizing, staking, and maintaining this item. This price includes
time and materials necessary to set this item to the satisfaction and approval of construction 4W
documents and the Designer. This may require setting the item, resetting the item (potentially
multiple times), and addition or subtraction of materials from what the Contractor originally sets until
the item is installed to the satisfaction and approval of the Designer. Disposal of miscellaneous y
materials is incidental to this line item.
50 �

WW
4.06: Toe Wood w/Reinforced Earth
go
Description
The Toe Wood w/ Reinforced Earth is a combination of soil, matting, rip rap, geotextile fabric, brush
aw material, and reinforced earth combined to provide a stable "stair — step" side slope. The Owner or
Designer may adjust the number and placement of structures during construction. Such variations will
not be considered as alterations in the details of construction or a change in the character of the work.
"' Materials
The Owner will furnish ALL Stone for the proiect and stockpile where needed for the Contractor.
�► Materials that will be used in conjunction with the Toe Wood with Reinforced Earth include Rip Rap-
Class B, Class 2, Type A fabric, woven and non-woven coir fiber matting, brush material, soil fill
material and 2' X 2" X 2" wooden stakes. Below are the specifications for the non-woven coin fiber
matting and for the 900 g coir fiber matting:
Below are the specifications for the biodegradable jute net:
Physical Specification Roll
Material 100% Biodegradable Jute/Scrim Leno Weave
Thickness 6.5 mm
Tensile Strength 16.0 MD lb/in, 11.0 TD lb/in
Elongation 20.0%
Light Penetration 15 % open area
Water Absorption 250%
Mass per Unit Area 9.5 oz/sq. yd
Roll Width 8.0 ft
'r Below are the specifications for the 900 g coir fiber matting:
Physical Specification Roll
Material 100 percent coir twine woven into high strength mat(matting)
Thickness 0.30 in.
Tensile Strength 1968 x 1416 lb/ft.
Elongation 43% x 36%
Flow Velocity Observed 16 ft./sec.
Weight 26 oz/SY
Size 6' or 10' Wide (May vary depending upon channel
dimensions
"C" Factor 0.002
Open Area measured 39%
�r
Construction
Contractor should refer to Toe Wood w/ Reinforced Earth Detail in construction plans for construction
specifications.
Method of Measurement
The quantity of Toe Wood w/ Reinforced Earth to be paid for will be the actual linear footage of Toe
Wood w/ Reinforced Earth installed and accepted by the Owner or Designer. All materials required
for the installation of the Toe Wood w/ Reinforced Earth are incidental to the line item "Toe Wood w/
Reinforced Earth'.
51

1
Basis of Payment
The Owner will furnish ALL Stone for the project and stockpile where needed for the Contractor. w
Payment for installation of Toe Wood w/ Reinforced Earth will be paid for as outlined. This payment
shall be considered full compensation for all labor, equipment, furnishing materials, hauling, weighing,
stockpiling, re-handling, sorting, fitting, materials, and incidentals necessary to construct the Toe
Wood w/ Reinforced Earth. This price includes time and materials necessary to set the structure to the
satisfaction and approval of the Owner or Designer. This may require setting the structure, resetting
the structure (potentially multiple times), and addition or subtraction of materials from what the
Contractor originally sets until the structure is installed to the satisfaction and approval of the Owner
or Designer.
Payment will be made under:
Toe Wood w/Reinforced Earth............................................................................................................LF
WW
4.06: Soil Lift
Description
The Soil Lift is a soil, matting, rip rap, geotextile fabric material combined to provide a stable "stair—
step" side slope. The Owner or Designer may adjust the number and placement of structures during
construction. Such variations will not be considered as alterations in the details of construction or a
change in the character of the work. `►
Materials
The Owner will furnish ALL Stone for the project and stockpile where needed for the Contractor.
Materials that will be used in conjunction with the Soil Lift include Rip Rap-Class B, Class 2, Type A
fabric, woven and non-woven coir fiber matting, soil fill material and 2' X 2" X 2" wooden stakes.
Below are the specifications for the non-woven coir fiber matting and for the 900 g coir fiber matting:
Below are the specifications for the biodegradable jute net:
Physical Specification Roll
Material 100% Biodegradable Jute/Scrim Leno Weave
Thickness 6.5 mm
Tensile Strength 16.0 MD lb/in, 11.0 TD Win
Elongation 20.0%
Light Penetration 15 % open area
Water Absorption 250%
Mass per Unit Area 9.5 oz/s d `+
Roll Width 8.0 ft
Below are the specifications for the 900 g coir fiber matting: r..+
Physical Specification Roll
Material 100 percent coir twine woven into high strength mat(matting)
Thickness 0.30 in. Lr
Tensile Strength 1968 x 1416 lb/ft.
Elongation 43% x 36%
Flow Velocity Observed 16 ft./sec.
Weight 26 oz/SY
Size 6' or 10' Wide (May vary depending upon channel
dimensions)
"C" Factor 0.002
Open Area measured 39%
52
rr

v
im Construction
Contractor should refer to Soil Lift Detail in construction plans for construction specifications.
Wo Method of Measurement
The quantity of Soil Lift to be paid for will be the actual linear footage of Soil Lift installed and
accepted by the Owner or Designer. All materials required for the installation of the Soil Lift are
00 incidental to the line item "Soil Lift".
Basis of Payment
rr The Owner will furnish ALL Stone for the proiect and stockpile where needed for the Contractor.
Payment for installation of Soil Lift will be paid for as outlined. This payment shall be considered full
compensation for all labor, equipment, furnishing materials, hauling, weighing, stockpiling, re-
handling, sorting, fitting, materials, and incidentals necessary to construct the Soil Lift. This price
includes time and materials necessary to set the structure to the satisfaction and approval of the
Owner or Designer. This may require setting the structure, resetting the structure (potentially multiple
�► times), and addition or subtraction of materials from what the Contractor originally sets until the
structure is installed to the satisfaction and approval of the Owner or Designer.
Payment will be made under:
SoilLift.................................................................................................................................................LF
ate►
tw
53

{rr1
SECTION 5.0: EROSION CONTROL
5.01: Temporary Construction Entrance
Description
The work covered by this section consists of furnishing, installing, and maintaining and removing all
material required for the construction of a temporary construction entrance and access
road/temporary haul road maintenance.
The Contractor shall coordinate with the Owner or Designer to determine the exact location of the
construction entrances.
Sediment and erosion control measures shall be conducted along the construction access road to the r+
Project site. The Contractor shall maintain the access road for the duration of the Project. Upon
completion of the Project, the Contractor shall return the construction entrances and access road to a
condition that meets or exceeds its pre-construction condition. Additionally, repair of any erosion 4
areas that have resulted from construction activities will be the responsibility of the Contractor.
Materials
The Contractor shall install and maintain a temporary construction entrance in accordance with the
details in the plans. Initially, the Contractor shall coordinate with the Owner or Designer to determine
the exact location of the construction entrances. An 8-inch minimum layer of Class A stone shall be
placed for the first 50 linear feet on geotextile fabric. The stone shall be rolled or tamped to provide +..�
an even stable surface. Periodic top dressing will be required during the construction phase to
maintain the road. The remaining length of road extending from the end of the gravel construction
entrance to the construction site shall be maintained in a condition that meets or exceeds the pre-
existing conditions. Soil or gravel shall be used to address problem areas that arise due to
construction traffic entering and leaving the site. Upon completion of the Project, the Contractor shall
return the access road to a condition that meets or exceeds the pre-existing conditions as directed by
the Owner or Designer.
Maintenance
Maintain the gravel pad in a condition to prevent mud or sediment from leaving the construction site. rr
This may require periodic topdressing with 2- inch stone. After each rainfall, inspect any structure
used to trap sediment and clean it out, as necessary. Immediately remove all objectionable materials
spilled,washed, or tracked onto public roadways.
Basis of Payment:
The Owner will furnish ALL Stone for the project and stockpile where needed for the Contractor. `
�r
Geotextile fabric, Rip Rap Class A stone and all excavation shall be considered incidental to the
installation of the Temporary Construction Entrance.
Such price and payment shall be considered full compensation for all work covered by this provision
including all materials, construction, maintenance, and removal of temporary construction entrance as
directed by the Owner or Designer. This price includes time and materials necessary to set the ,,;
structure to the satisfaction and approval of the Owner or Designer and as shown in construction
documents. This may require setting the structure, resetting the structure (potentially multiple times),
and addition or subtraction of materials from what the Contractor originally sets until the structure is
installed to the satisfaction and approval of the Owner or Designer and as shown in contract
documents.
54 �
i.i

to
`d Payment will be made under:
Temporary Construction Entrance...................................................................................................... EA
''r 6.02: Pump Around Operation
Description
The work covered by this section consists of furnishing, installing, maintaining, and removing any and
WW all pump around systems used on this Project. The Contractor shall install a pump around system in
locations shown on plans and approved by the Owner or Designer. The pump around system shall
dewater the channel being constructed. The number of pump arounds may be increased, decreased,
tw or eliminated entirely at the direction of the Owner or Designer. Such variations in quantity will not be
considered as alterations in the details of construction or a change in the character of the work. (See
detail of Pump Around Operation in the construction plans).
ow
Construction
Upstream diverted water does not need to flow through a filter bag if water appears clean, otherwise
water, including water from dewatering the work area, shall be pumped through a silt bag (as shown
"w in detail in construction plans). Discharge from all silt bags must be directed to a non-erosive outlet.
The pump around must be constructed and stabilized in a manner to prevent erosion. Follow details
for the pump around. Once the work is complete in an area remove the pump system. Place
aw structures in the area and stabilize immediately (e.g., seed and mulch) following removal of pump
around system.
WW Maintenance and Removal
Periodically inspect pump around inlet and temporary flexible hose for damage or blockage as
needed. Remove trash or sediment from pump around inlet. The special still basin shall be disposed
40 of and replaced when it is 3/full of sediment or when it is impractical for the bag to filter the sediment
out at a reasonable flow rate. The inlet of the bag should be inspected periodically for damage and/or
blockage. Sediment control stone shall be replaced if damaged by high flows or bag failure. Any
aw accumulated sediment shall be removed before temporary impervious plug is removed.
Method of Measurement
Pump around shall be paid on a lump sum basis and shall include multiple installations and removals
of system.
Basis of Payment
Payment for installation of a Pump Around Operation shall be paid for as outlined. This payment shall
be considered full compensation for all labor, equipment, hauling, placing, handling, sorting, fitting,
materials, and incidentals necessary to use a Pump Around Operation. This price includes time and
materials necessary to set the structure to the satisfaction and approval of the Owner or Designer and
as shown in construction documents. This may require setting the structure, resetting the structure
(potentially multiple times), and addition or subtraction of materials from what the Contractor originally
sets until the structure is installed to the satisfaction and approval of the Owner or Designer and as
shown in contract documents.
Payment will be made under:
PumpAround Operation......................................................................................................................LS
`� 55

5.03: Temporary Impervious Channel Plug-
Description
The work covered by this section consists of furnishing, installing, maintaining, and removing a
Temporary Impervious Channel Plug for purposes of diverting flow around/through the construction
site, to ensure that the Contractor is working in dry conditions during construction. Temporary
impervious channel plugs will also be used for turning the stream flow from the existing channel to the
newly constructed channel or pump around operation. Construction of the Temporary Impervious
Channel Plug will be in areas identified on the construction plans in the sequence listed in the
"Construction Sequence of Events," as directed by the Owner or Designer. The quantity of
Temporary Impervious Channel Plugs may be increased, decreased, or eliminated entirely at the
direction of the Owner or Designer. Such variations in quantity will not be considered as alterations in +•�
the details of construction or a change in the character of the work.
Materials
Acceptable materials shall include but are not limited to sheet piles or sandbags lined with
polypropylene or other impervious fabric. Earth material shall not be used to construct an impervious
dike.
Construction
The Contractor shall construct the Temporary Impervious Channel Plug in such a manner approved
by the Owner or Designer. The Temporary Impervious Channel Plug shall not permit seepage of +
water into the construction area or contribute to siltation of the stream. The Temporary Impervious
Channel Plug shall be constructed of an acceptable material as directed by the Owner or Designer.
Maintenance and Removal
Periodically inspect dike for damage and leaks and repair as needed. Remove impounded trash and
sediment. Any accumulated sediment shall be removed before temporary impervious plug is removed. low
Method of Measurement
The quantity of Temporary Impervious Channel Plug will not be measured for payment under this
section. �+
Basis of Payment
The quantity of Temporary Impervious Channel Plugs will be incidental to the Pump Around
Operation. The prices and payments for the Pump Around Operation will be full compensation for all
work covered by this section including, but not limited to furnishing all of the necessary materials,
construction, maintenance, and removal of the Temporary Impervious Channel Plug. This price
includes time and materials necessary to set the structure to the satisfaction and approval of the
Owner or Designer and as shown in construction documents. This may require setting the structure,
resetting the structure (potentially multiple times), and addition or subtraction of materials from what
the Contractor originally sets until the structure is installed to the satisfaction and approval of the �►
Owner or Designer and as shown in contract documents.
5.04: Coir Fiber Mat
Description
Furnish materials, install, and maintain Coir Fiber Matting in locations shown on the construction plans
or in locations as directed by the Owner or Designer. Work includes providing all materials,
excavating, and backfilling, and placing and securing Coir Fiber Matting.
r
Coir Fiber Matting will only be used in locations identified on the construction plans or specified by the
Owner or Designer.
56 `r
i

ON
aw Materials
Matting:
Provide Coir Fiber Matting to meet the following specifications:
Physical S ecification Roll
4W Material 100 percent coir twine woven into high strength mat(matting)
Thickness 0.30 in.
Tensile Strength 1348 x 626 lb/ft.
,w Elongation 34% x 38%
Flexibility 65030 x 29590 mg/cm
Flow Velocity Observed 11 ft./sec.
,Aw Weight 20 oz/SY
Size 6.5'Wide
"C" Factor 0.002
No Open Area measured 30%
Stakes:
Provide stakes made of a hardwood tree species with a hook/nail to anchor matting.
aw
Installation
Install the Coir Fiber Matting immediately upon final grading. Provide a smooth soil surface free from
No stones, clods, or debris that will prevent the contact of the matting with the soil. Apply temporary and
permanent seed mix prior to installing matting. Coir Fiber Matting shall be installed as shown in the
construction plan details. Begin installation at the top of the slope by anchoring the top of the matting
in a 6-inch deep by 6-inch wide trench. At the toe of slope, trench matting one foot into subsoil as
No shown in detail. Backfill and compact the trenches after staking as shown in detail. Install matting in
the direction of flow. Stake the matting according to manufacturer's recommended pattern for specific
product and slope or as directed by Owner or Designer. Install matting loosely and in full contact with
41W the soil such that there are no creases in the matting. The edges of the parallel matting must be
staked with approximately 6 inches of overlap such that the edge of the downstream matting is under
the one just up-slope. When matting must be spliced down the slope, install matting end-over-end
,w (shingle style) with approximately 6 inches of overlap. Stake through overlapped areas as shown in
detail. Install stakes across the matting at ends,junctions, and trenches, top of bank, center of bank,
and toe of slope of channel at no more than a five (5) foot spacing between rows as shown in detail.
aw Excess matting shall be trimmed anchored and trenched at the end of the slope.
The Owner or Designer may require adjustments in the trenching or staking requirements to fit
individual site conditions.
wo
Measurement
The quantity of Coir Fiber Matting measured will be paid for according to the actual number of square
yards measured along the surface of the ground over which the coir fiber matting is installed and
accepted by the Owner or Designer.
Basis of Payment
The quantity of coir fiber matting, measured as provided above, will be paid for at the contract unit
price per square yard for"Coir Fiber Matting (6.5' Wide)". The cost of the stakes overlapped material,
and slack in matting is considered incidental to installation of the matting. Such price and payment
will be full compensation for all work covered by this section, including but not limited to furnishing,
placing, stabilizing, staking, and maintaining coir fiber matting. This price includes time and materials
57
.r

fin►
necessary to set the matting to the satisfaction and approval of the Owner or Designer and as shown
in construction documents. This may require setting the matting or other related materials, resetting
the matting or other related materials (potentially multiple times), and addition or subtraction of
materials from what the Contractor originally sets until the matting or related materials are installed to
the satisfaction and approval of the Owner or Designer and as shown in contract documents. �+
Payment will be made under:
CoirFiber Matting (6.5' Wide).............................................................................................................SY low
6.06: Temporary Silt Fence
Description
Furnish material, construct, maintain, and remove temporary silt fence in locations shown on the plans
or in locations that require surface drainage to be filtered.
Materials
Posts:
Provide steel post meeting the following requirements: `'w
Steel post:
- Minimum 5 feet long.
- Minimum 1 3/8 inches wide measured parallel to the fence.
- Minimum weight of 1.25 Ib/ft of length.
- Equipped with an anchor plate with minimum area of 14.0 square inches.
- Have a means of retaining wire and fabric in the desired position without displacement.
Woven Wire Fence- Provide woven wire fence meeting the following requirements:
- Minimum 32 inches high.
- Minimum 5 horizontal wires.
-Vertical wires spaced 12 inches apart.
- Minimum 10 gage top and bottom wires.
- Minimum 12 1/2 gage all other wires. �+
Engineering (Filter) Fabric:
Provide Type 3 engineering fabric, Class A or B meeting the requirements of the table below.
Type 3 Engine rin Filter Fabric Properties
Test Material Units Supported Un- Type of
Silt Fence' Supported Value
Silt Fence' `r
Grab Strength ASTM D 4632 N Ibs
Machine Direction 400 550 MARV
90 90
X-Machine Direction 400 550 MARV
90 90
Permeability ASTM D 4491 sec-1 0.05 0.05 MARV �►
Apparent Opening Size2 ASTM D 4751 mm 0.60 0.60
US Sieve# 30 30 Max. ARV3
Ultraviolet Stability ASTM D 4355 % Retained 70% after 70% after Typical
Strength 500h of 500h of
exposure exposure
'Silt Fence support shall consist of 14 gage steel wire with a mesh spacing of 150 mm (6 inches), or
prefabricated polymer mesh of equivalent strength.
2These default values are based on empirical evidence with a variety of sediment. For
58 �
v

tm
tw environmentally sensitive areas, a review of previous experience and/or site or regionally specific
geotextile tests in accordance with Test Method D 5141 should be performed by the agency to
confirm suitability of these requirements.
3As measured in accordance with Test Method D 4632.
`o Attachment Device:
Provide No. 9 staple with a minimum length of 1 1/2 inches or other approved attachment device(e.g.,
plastic tie). The stone material shall be uniformly spread over the area required and then shaped and
1=0 dressed to the satisfaction of the Owner or Designer.
Installation
kw Install in locations as shown on the plans or as directed. Install wire and fabric as shown in the plans.
Class B synthetic filter fabric may be used without the woven wire fence backing, subject to the
following conditions: maximum post spacing of 8 feet, fabric is approved by the Owner or Designer,
and post spacing is inclined toward the runoff source, at an angle of not more than 20 degrees from
00 vertical. Install post with no more than 3 feet of the post appearing above ground. Attach filter fabric
to the wire fence with wire or other acceptable methods. Overlap filter fabric a minimum of 4 feet at
splice joints. Install fabric that is free of defects, rips, holes, flaws, deterioration, or damage.
to
Maintenance and Removal
Maintain the silt fence until the Project is accepted or until the fence is removed. Remove and replace
am deteriorated or ineffective filter fabric. Remove and dispose of silt accumulations following
precipitation events or as directed by the Owner or Designer. Leave silt fence in place until site
stabilization and remove at Project completion. Removed silt fence becomes the property of the
Contractor. Dress and seed and mulch all areas where silt fence is removed in accordance with the
tw permanent seeding specification.
Method of Measurement
aw Temporary silt fence will be measured by the linear foot, as accepted in place, along the ground line
of the fence. Removal and disposal of silt accumulations will be incidental. Seeding and mulching will
be measured as provided in the seeding specification.
ow
Basis of Payment
Temporary silt fence will be measured by the linear foot, as accepted in place, along the ground line
of the fence. Removal and disposal of silt accumulations are incidental to "Temporary Silt Fence".
ow Temporary Silt fence can be substituted by the Contractor with the approval of the Owner or Designer
with Straw Wattles (see Straw Wattle detail in construction plans). A substitution of Straw Wattles will
not warrant a change in unit price or quantity (linear footage) difference from the Silt Fence. This
d■+ price includes time and materials necessary to set the structure to the satisfaction and approval of the
Owner or Designer and as shown in construction documents. This may require setting the structure,
resetting the structure (potentially multiple times), and addition or subtraction of materials from what
the Contractor originally sets until the structure is installed to the satisfaction and approval of the
Owner or Designer and as shown in contract documents.
Payment will be made under:
TemporarySilt Fence..........................................................................................................................LF
5.06: Temporary Rock Silt Check
Description
Construct, maintain, and remove devices placed in ditches, diversions, or swales to reduce water
velocity and contain sediment. The actual conditions which occur during the construction of the
Project will determine the quantity of Temporary Rock Silt Check, Type A's constructed. The quantity
of silt checks may be increased, decreased, or eliminated entirely as directed. Such variations in
� 59

f
quantity will not be considered as alterations in the details of construction or a change in the character
of the work.
Materials
The Owner will furnish ALL Stone for the project and stockpile where needed for the Contractor.
Stone for plain rip rap consists of field stone or rough unhewn quarry stone. The stone must be sound,
tough, dense, resistant to the action of air and water, and suitable in all other respects for the purpose Y..►
intended.
All stone must meet the approval to the Engineer. While no specific gradation is required, equally
distribute the various sizes of the stone within the required size range. The size of an individual stone
particle will be determined by measuring its long dimension. Stone for Erosion Control, Class B shall
meet the following requirements:
W
Required Stone Size Inches mm
Class Minimum Midrange Maximum
B 5 127 8 203 12 305 �+
The following are requirements for sediment control-stone:
STD. Percentage of Total by Weight of Passing (mm sieve)
SIZE# 1 Y2" (37.5) 1" (25.0) 3/" (19.0) Y2" (12.5) 3/8" (9.5) #4 (4.75) #8 (2.36)
5 100 90-100 20-55 0-10 0-5
57 100 95-100 25-60 0-10 0-5
Construction
Place structural stone in the channel, ditch, diversion, or swale with approximately 2:1 side slopes.
Place sediment control stone, approximately 12 inches thick on the upstream side. Construct
Temporary Rock Silt Check, Type A's as shown on the plans and at other locations as directed.
Maintenance and Removal i..►
Maintain the Temporary Rock Silt Check, Type A's, and remove and dispose of silt accumulations at
the silt checks immediately following any precipitation event. Remove Temporary Rock Silt Check,
Type A's as the Project nears completion. The actual time of removal will be as directed. After
removal of silt checks, dress the area to blend with existing contours and seed and mulch the area in
accordance with permanent seeding specification.
Method of
Measurement
The quantity of Temporary Rock Silt Check, Type A's to be paid for will be the actual number of
Temporary Rock Silt Check, Type A's installed and accepted by the Owner or Designer.
Basis of Payment
The quantity of Temporary Rock Silt Check, Type A's will be paid for at the contract unit price per
each for"Temporary Rock Silt Checks". r,r
The Owner will furnish ALL Stone for the project and stockpile where needed for the Contractor.
Such price and payment will be full compensation for all work covered by this section, including but
not limited to furnishing all of the necessary materials, construction, maintenance, and removal. The
60

rr
kw removal and disposal of silt accumulations will be incidental. This price includes time and materials
necessary to set the structure to the satisfaction and approval of the Owner or Designer and as shown
in construction documents. This may require setting the structure, resetting the structure (potentially
multiple times), and addition or subtraction of materials from what the Contractor originally sets until
WW the structure is installed to the satisfaction and approval of the Owner or Designer and as shown in
contract documents.
wo Payment will be made under:
TemporaryRock Silt Check................................................................................................................ EA
bw
6.07: Straw Wattle
Description
ow
Erosion control Straw Wattles are machine produced straw filled tubes compacted in seamless
flexible netting material creating a densely filled fiber log. The logs should have a certificate of weed
free status from the manufacturer. Designer will not allow logs to be used without a weed free
'w certificate. The Designer may adjust the number and placement of Straw Wattles during construction.
Such variations in quantity will not be considered as alterations in the details of construction or a
change in the character of the work.
law
Materials
Wattles shall be a straw-filled tube of flexible netting material. Netting materials shall be
biodegradable. It shall be a machine-produced tube of compacted rice straw that is Certified Weed
Free Forage by a manufacturer whose principle business is wattle manufacturing. The Straw Wattles
shall meet the following specifications at a minimum:
Straw Wattle Properties
Parameter Units Min.Value
Mass per Unit Weight Lbs/ft 1.6
Dimension Dia/Inches 8.0-9.0
Netting Unit Weight Ounces/sq yd 7
Biodegradation of Netting % Biodegradation 100
Straw Fiber In 3.0
Fiber Content % Rice Straw 100
Construction
Remove all rocks, clods, vegetation or other obstructions so that the installed Wattles will have direct
contact with the soil. A small trench 2-3 inches in depth should be excavated on the slope as shown
�r in construction plans. Soil from the excavation should be placed down-slope next to the trench.
Install the Wattles in the trench, ensuring that no gaps exist between the soil and the bottom of the
Wattle. The ends of adjacent Wattles should be tightly abutted so that no opening exists for water or
sediment to pass through. Alternately, Wattles may be lapped, 6" minimum to prevent sediment
passing through the field joint. Wooden stakes should be used to fasten the Wattles to the soil. When
conditions warrant, a straight metal bar can be used to drive a "pilot hole-through the Wattle and into
the soil. Wooden stakes should be placed 6"from the Wattle end angled towards the adjacent Wattle
and spaced at 4 foot centers leaving less than 1-2 inches of stake exposed above the Wattle.
Alternately, stakes may be placed on each side of the Wattle tying across with a natural fiber twine or
staking in a crossing manner ensuring direct soil contact at all times. Terminal ends of wattles may be
dog legged up slope to ensure containment and prevent channeling of sedimentation. Backfill the
upslope length of the Wattle with the excavated soil and compact. Care shall be taken during
� 61

installation so as to avoid damage occurring to the Wattle as a result of the installation process.
Should the Wattle be damaged during installation, a wooden stake shall be placed either side of the `r°
damaged area terminating the log segment. Field monitoring shall be performed to verify that the
placement does not damage the Wattle. Any Wattle damaged during placement shall be replaced as
directed by the Designer, at the contractor's expense.
Maintenance and Removal
Wattle labeling, shipment, and storage shall follow the manufactures written storage and handling
procedures. Product labels shall clearly show the manufacturer or supplier name, wattle diameter and
length. During storage, Wattles shall be elevated off the ground and adequately covered to protect
them from the following: site construction damage, precipitation, extended ultraviolet radiation
including sunlight, chemicals that are strong acids or strong bases, flames including welding sparks,
excess temperatures, and any other environmental conditions that may damage the physical property
values of the rolls.
Contractor shall maintain wattles at the contractors expense through the duration of the contract
period. Damaged wattles that are not performing to the specified standards are to be removed and
replaced with acceptable materials. Remove and dispose of silt accumulations following precipitation i..r
events or as directed by Designer. Straw Wattles are to stay in place until site is stabilized and
remove at project completion. Removed Straw Wattles becomes the property of the contractor.
Dress and seed and mulch all areas where silt fence is removed in accordance with the permanent
seeding specification.
Method of Measurement
Straw Wattles will be measured by the linear foot, as accepted in place, along the ground line of the how
wattle placement. Measured linear footage will not include overlap and wastage. Removal and
disposal of silt accumulations will be incidental. Seeding and mulching will be measured as provided
in the seeding specification.
Basis of Payment
Straw Wattles will be measured by the linear foot, as accepted in place, along the ground line.
v
Removal and disposal of silt accumulations are incidental to "Straw Wattle". This price includes time
and materials necessary to set the structure to the satisfaction and approval of the Owner or Designer
and as shown in construction documents. This may require setting the structure, resetting the
structure (potentially multiple times), and addition or subtraction of materials from what the Contractor
originally sets until the structure is installed to the satisfaction and approval of the Owner or Designer
and as shown in contract documents.
Payment will be made under:
StrawWattle........................................................................................................................................LF
6.08: Temporary Stream Crossing Log Mat Bridge
Description
Construct, maintain, and remove temporary crossings in ditches, constructed channels, or swales to
reduce disturbance to the channel and prevent sediment input into live flow. The actual conditions
which occur during the construction of the Project will determine the quantity of Temporary Channel '"r
Crossings constructed. The quantity of crossings may be increased, decreased, or eliminated entirely
as directed. Such variations in quantity will not be considered as alterations in the details of
construction or a change in the character of the work.
62 law

too
Materials
No Log mat bridges must be constructed of minimum 12 in rough cut timber bolted together. The log mats
must extend a minimum 5 feet past the top of bank of the channel being crossed. Straw wattles to be
installed are to be of the following requirements:
low
Straw Wattle Requirements
Minimum Diameter 11.5 in. 29.2 cm
Length +/- 10% 10.0 ft 3.1 m
Weight +/- 10% 30.0 Ib 13.6 k
Density +/- 10% 3.82 lb/ft3 61.25 k /m3
d.r
Construction
Place log mats perpendicular to the top of banks. Mats shall extend a minimum of 5 feet past the top
of banks. Straw wattles will be installed at all four corners of the log mat as shown in the plan details.
Construct Temporary Stream Crossing Log Mat Bridge's as shown on the plans and at other locations
as directed.
Maintenance and Removal
Remove Temporary Stream Crossing Log Mat Bridge's at the end of every workday. Maintain the
Temporary Stream Crossing Log Mat Bridge's, and clean the log mats from debris, mud, or soil at the
end of every workday or before a precipitation event. Replace straw wattles bi-weekly at minimum.
The Owner or Designer may request that straw wattles be replaced more frequently if it is determined
necessary. Once the crossing is no longer needed remove crossing and dress the area to blend with
existing contours or construct as directed in the plans. Seed and mulch the area in accordance with
permanent seeding specification.
Basis of Payment
The quantity of Temporary Stream Crossing Log Mat Bridge's will be incidental to Mobilization. The
prices and payments for the Mobilization will be full compensation for all work covered by this section
including, but not limited to furnishing all of the necessary materials, construction, maintenance, and
removal of the Temporary Stream Crossing Log Mat Bridge's. This price includes time and materials
necessary to set the structure to the satisfaction and approval of the Owner or Designer and as shown
in construction documents. This may require setting the structure, resetting the structure (potentially
multiple times), and addition or subtraction of materials from what the Contractor originally sets until
the structure is installed to the satisfaction and approval of the Owner or Designer and as shown in
contract documents.
`� 63

i
rd
SECTION 6.0: PLANTING
6.01: Specifications for the Establishment of Vegetation
The Planting Supervisor will be responsible for managing and being on site during all activities
involvingpermanent planting, including but not limited to the following: site preparation for planting,
P P 9� 9 9� P P P 9
exotic plant removal, seedling handling and storage, planting operations, quality control inspections,
managing plant competition. Activities associated with permanent planting that are not supervised by
the Planting Supervisor are to be halted by the Planting Plan Designer and are not to be approved for �+
payment.
The construction contractor shall warrant an 80 percent survival rate for live stake plantings and
permanent seed against defects including mortality and poor growth, except for defects resulting from
abuse by other parties and abnormal weather conditions.
A serious effort shall be made to retain and protect existing specimen vegetation that is well
established, healthy and appropriately sited alongside the impacted channel as directed by the
Designer. The planting of any species of fescue grass on site is prohibited.
6.02: Site Preparation: Ripping
Description
Upon completion of grading, the areas within the limits of disturbance shall be ripped with a "v" ripper
tillage tool to a minimum depth of 18 inches. Each sequential swath of the equipment shall be
consistent in spacing and shall have a maximum of 20 inches between ripper(shank) rows.
The "v" ripper tillage tool shall have a minimum of three (3) shanks spaced a maximum of 20 inches
apart and have shanks of enough length capable of providing a minimum depth of 18 inches. The
tractor used to perform this work shall be of enough size and horsepower capable of pulling this �+
implement to the minimum specifications stated above.
Basis of Payment
No direct payment will be made for work covered in this section. Payment at the contract prices for
various items in the contract will be full compensation for all work covered by this section.
6.03: Temporary Seedling-
Date Type Planting Rate Ibslacre
Jan 1 —May 1 Rye Grain aka Annual Rye) 150
Tall Fescue 50
Ground Agricultural Limestone 2,000
10-10-10 Fertilizer 750
Straw Mulch 4,000
May 1 —Aug 15 German Millet 50
Tall Fescue 50
Ground Agricultural Limestone 2,000
10-10-10 Fertilizer 750
Straw Mulch 4,000
Aug 15—Dec 30 Rye Grain 120 law
Tall Fescue 50
Ground Agricultural Limestone 2,000
10-10-10 Fertilizer 1,000 +..,
Straw Mulch 4,000
64
v

Wo
Seeding and Fertilization
Seeding schedule is also included in construction plans.
Upon approval of the Owner or Designer, the method of seeding may be varied by the Contractor
under his responsibility to provide a healthy, vigorous, weed free and disease free uniform stand of
grass.
Maintenance shall begin immediately after seeding operations and continue until Final Acceptance.
Maintenance of seeded areas shall consist of watering, weed and pest control, fertilization, erosion
repair, reseeding, mulching seeded areas at a 90% cover, and incidental operations as necessary to
establish a healthy, vigorous, weed free and disease free uniform stand of grass. All areas which fail
to show a uniform stand of grass for any reason shall be treated repeatedly until a uniform stand of at
least 90% coverage is attained with no bare area greater than five square feet. No fertilizer shall be
placed within the designated trout buffer.
Basis of Payment
�► Payment for Temporary Seeding will be the quantity of ripping, fertilizer, seed, mulch, and various
other items covered by this section. Payment will be paid for at the contract unit price per acre for
"Temporary Seeding"
The above prices and payments will be full compensation for all materials, labor, equipment, and
incidentals necessary to install Temporary Seeding. This price includes time and materials necessary
to establish a stand of Temporary Seed (minimum 90% coverage) to the satisfaction and approval of
the Owner or Designer and as shown in construction documents. This will require seeding, mulching,
and fertilizing the site and may require reseeding, remulching, and refertilizing the site (potentially
multiple times) to the satisfaction and approval of the Owner or Designer and as shown in contract
documents.
Payment will be made under:
TemporarySeeding ...........................................................................................................................AC
6.04: Permanent Seeding-
Description
Permanent Seeding will be required below the bankfull elevation on the stream banks, in the riparian
buffer, remnants of the filled channel, and all staging and stockpiling areas as shown on construction
woo plans. Only certified seed shall be allowed.
Permanent Seeding shall occur in conjunction with Temporary Seeding where applicable. Ideally,
Permanent Seeding shall occur during the planting season for each seed type. Areas fertilized for
14+ Temporary Seeding shall be sufficiently fertilized for Permanent Seeding; additional fertilizer is not
required for Permanent Seeding.
WW Materials
See seeding schedule on the construction plans for mixture and application rates of Permanent Seed.
The Contractor shall provide detailed information including but not limited to germination rates,
noxious weed seeds and date and location of harvest on seed mix. The Owner or Designer must
�' approve seed mix and rate prior to application.
The Contractor shall loosen the sub-grade to a minimum depth of 4 inches and graded to a smooth
even surface with a loose, uniformly fine texture. The areas to be seeded are then to be rolled and
raked to remove ridges and fill depressions to meet finish grades. The Contractor is to limit sub grade
`'� 65

and finish grade preparation to areas that will be planted immediately. Prepared areas are to be
moistened prior to seeding when soil is dry, but care shall be taken not to create muddy conditions.
Prepared areas are to be restored if eroded or otherwise distributed after fine grading and before
planting.
Seed shall be sown with a spreader or a seeding machine. Seed is not to be broadcast or dropped
when wind velocity exceeds 5 mph. Seed shall be evenly distributed by sowing in two directions at
right angles to each other. Wet seed or seed that is moldy or otherwise damaged in transit or storage ,moo
is not to be used. After being sown, the seed shall be raked into the top 1/9 inch of the topsoil, lightly
rolled, and watered with fine spray. Seeded areas on stream banks shall be protected with coir fiber
matting. Other seeded areas are to be protected by spreading straw mulch uniformly to form a
continuous blanket over seeded areas. Straw mulch is to be spread by hand, blower, or other suitable
equipment.
Upon approval of the Owner or Designer, the method of seeding may be varied by the Contractor
under his responsibility to provide a healthy, vigorous, weed free and disease free uniform stand of
grass.
Maintenance shall begin immediately after seeding operations and continue until Final Acceptance.
Maintenance of seeded areas shall consist of watering, weed and pest control, fertilization, erosion
repair, reseeding, and incidental operations as necessary to establish a healthy, vigorous, weed free
and disease free uniform stand of grass. The Contractor is responsible for reseeding portions or the
entirety of the Project site following rain events that remove seed from previously seeded areas. The
directive to reseed will be at the sole discretion of the Designer and Owner. All areas which fail to
show a uniform stand of grass for any reason shall be treated repeatedly until a uniform stand of at
least 90% coverage is attained with no bare area greater than five square feet.
Method of Measurement
The quantity of Permanent Seeding to be paid for will be the actual number of acres that have been
planted with a uniform stand of grass and has been approved by the Owner or Designer.
Basis of Payment
Payment for Permanent Seeding will include ripping, fertilizer, seed, mulch, and various other items
covered by this section. Payment will be paid for at the contract unit price per acre for "Permanent
Seeding".
The above prices and payments will be full compensation for all materials, labor, equipment, and
incidentals necessary to install Permanent Seeding. This price includes time and materials necessary
to establish a stand of Permanent Seed to the satisfaction and approval of the Owner or Designer and
as shown in construction documents. This will require seeding, mulching, and fertilizing the site and
may require reseeding, remulching, and refertilizing the site (potentially multiple times) to the
satisfaction and approval of the Owner or Designer and as shown in contract documents.
Payment will be made under:
PermanentSeeding ..........................AC.................................................................................................
6.06: Bare Root Plants
Description
The work covered by this section consists of furnishing, installing and maintaining bare rootstock at
locations described on the plans or in locations as directed by the Designer or Owner in accordance
with these specifications.
66
V

MW The work of planting includes planting bed preparation, initial planting, plant establishment, and
replacement planting.
The Contractor shall perform the operations provided for in these specifications in a careful,
workmanlike manner that will promote the continued life and healthy growth of all plants in their final
location.
Materials
The required species to be planted are listed in the Planting Plan Summary tables within the Plans.
The Owner must approve species planted by the Contractor that differ from those species in the
Planting Plan Summary tables. Hardwood species planted as bare-root seedlings must have a
minimum of four (4) first order lateral roots (FOLR) that exceed 1 mm in diameter. Seedlings that do
not possess the minimum number of FOLR will be culled from planting.
Only those hardwood bare-roots that are vigorous and healthy seedling material, which is true to its
habitat and form in the seedling stage will be accepted.
The planting stock shall be grown in a location approved by the Designer or Owner.
Construction Methods
The planting stock should be grown by nurseries within the same physiographic province of North
Carolina within 200 miles of the project site. The seed sources for the plant material should also
match the physiographic province of the area to be planted. Plant stock or seed mixes may be
obtained from nurseries beyond the 200-mile limit with the approval of the Designer or Owner.
Installation of the bare root vegetation shall be located in designated areas along the stream bank
above and below bankfull elevation as described in the plans or as directed by the Designer or
Owner. All hardwood seedlings will be planted with shovels, augers, hoe-dad, KBC bar, or OST bar.
Bare root plants will be planted on spacing's indicated the Planting Plan Summary table. The
Designer or Owner will monitor the planting operation to enforce correct planting techniques.
Bare roots are to be installed during the plant dormant season, between December 15 and March 15.
Method of Measurement
�+ The Designer or Owner will determine the number of each tree installed correctly (adjusted for
defects).
Basis of Payment
The quantity of seedlings will be paid for at the contract price for per Each (EA) Bare Root Seedling
correctly planted.
Payment will be made under:
BareRoot Seedlings........................................................................................................................... EA
6.06: Live Staking
Description
The work covered by this section consists of furnishing, installing and maintaining Live Stakes as
'd shown on the plans or in locations as directed by the Designer or Owner. Work includes providing all
materials necessary to install the live stake cuttings.
Materials
67

V
Live staking plant material shall consist of species shown in the Planting Plan Summary Table within
the plans.
All plant material shall be harvested locally(within the same physiographic ecoregion and plant
hardiness zone) or purchased from a local nursery, with the approval of the Designer or Owner. All
live stakes shall be dormant at time of acquisition and planting. Live stakes shall be '/2-1'/2 " in
diameter. Stakes shall also be 2-4 feet in length.
u
During preparation, the basal ends of the live stakes shall be cleanly cut at an angle to facilitate easy
insertion into the soil, while the tops shall be cut square or blunt for tamping. All limbs shall be
removed from the sides of the live cutting prior to installation.
Installation
Cuttings for live stakes shall be harvested in manner such that they are cut, immediately put into
water to be soaked for ten days, and then planted immediately after the ten days are completed.
Cuttings shall remain wet until they are planted. Outside storage locations should be continually
shaded and protected from wind and direct sunlight.
Live stakes shall be tamped perpendicularly into the finished bank slope with a dead blow hammer,
with buds oriented in an upward direction. Stakes should be tamped until approximately % of the
stake length is within the ground.
The area around each live stake shall be compacted by foot after the live stake has been installed.
Stakes shall be spaced as depicted in the planting plan summary table. Live stakes should be 6W
installed according to the configuration presented in the details of the plan sheets.
One to two inches shall be cut cleanly off of the top of each live stake (with loppers) at an angle of
approximately 15 degrees following installation.
Any stakes that are split or damaged during installation shall be removed and replaced.
Live Stakes are to be installed during the plant dormant season, between December 15 and March
15.
Method of Measurement
The quantity of live staking measured and accepted will be paid for at the contract unit bid price per
Each (EA) Live State correctly planted. `I
Basis of Payment
The quantity of live staking, measured as provided above, will be paid for at the contract unit price per
Each correctly planted live stake. The above prices and payments will be considered full ``'
compensation for all work covered by this Section, including but not limited to furnishing, and installing
all live stakes.
Payment will be made under:
LiveStakes......................................................................................................................................... EA
�r
i
68
V

r
FORM OF CONSTRUCTION CONTRACT
to
(ALL PRIME CONTRACTS)
THIS AGREEMENT, made the day of in the year of
dr 20_ by and between
hereinafter called the Party of the First Part and B.V. Hedrick Industries, Inc. hereinafter
Wo called the Party of the Second Part.
WITNESSETH:
aw That the Party of the First Part and the Party of the Second Part for the consideration
herein named agree as follows:
1. Scope of Work: The Party of the First Part shall furnish and deliver all of the
materials, and perform all of the work in the manner and form as provided by the following
enumerated plans, specifications and documents, which are attached hereto and made a part
thereof as if fully contained herein: advertisement; Instructions to Bidders; General
Conditions; Supplementary General Conditions; specifications; accepted proposal; contract;
performance bond; power of attorney; workmen's compensation; public liability; property
damage and builder's risk insurance certificates; and drawings, titled:
low
CONSTRUCTION PLANS
FORNEY CREEK RESTORATION
a, LAKE NORMAN QUARRY
Consisting of the following sheets: Title Sheet, Typical Sections, Details,
WW
Overview Map, Plan & Profile Sheets, Cross Sections and Erosion Control Sheets
,r Dated: and the following addenda:
Addendum No Dated: Addendum No. Dated:
Addendum No Dated: Addendum No. Dated:
Addendum No Dated: Addendum No. Dated:
Addendum No Dated: Addendum No. Dated:
y` 69

2. That the Party of the First Part shall commence work to be performed under this agreement
on a date to be specified in a written order of the Party of the Second Part and shall fully complete all
work hereunder within 154 consecutive calendars from Notice to Proceed. For each day in excess
thereof, Liquidated Damages shall be $1000 per day. The Party of the First Part, as one of the
considerations for the awarding of this contract, shall furnish to the Party of the Second Part a
construction schedule setting forth planned progress of the Project broken down by the various
divisions or part of the work and by calendar days. If the Party of the First Part fails to begin the work
under the contract within the time specified, or the progress of the work is not maintained on 6
schedule, or the work is not completed within the time above specified, or fails to perform the work
with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of
said work, or shall perform the work unsuitably or shall discontinue the prosecution of the work, or if
the Party of the First Part shall become insolvent or be declared bankrupt or commit any act of
bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of
forty-eight (48) hours, or shall make an assignment for the benefit of creditors, or for any other cause
whatsoever shall not carry on the work in an acceptable manner, the Party of the Second Part may
give notice in writing, sent by certified mail, return receipt requested, to the Party of the First Part and
his Surety of such delay, neglect or default, specifying the same, and if the Party of the First Part
within a period of fifteen (15) days after such notice shall not proceed in accordance therewith, then
the Party of the Second Part shall, declare this contract in default, and, thereupon, the Surety shall
promptly take over the work and complete the performance of this contract in the manner and within
the time frame specified. In the event the Surety shall fail to take over the work to be done under this
contract within fifteen (15) days after being so notified and notify the Party of the Second Part in
writing, sent by certified mail, return receipt requested, that he is taking the same over and stating that
he will diligently pursue and complete the same, the Party of the Second Part shall have full power
and authority, without violating the contract, to take the prosecution of the work out of the hands of �+
said Party of the First Part, to appropriate or use any or all contract materials and equipment on the
grounds as may be suitable and acceptable and may enter into an agreement, either by public letting
or negotiation, for the completion of said contract according to the terms and provisions thereof or use
such other methods as in his opinion shall be required for the completion of said contract in an
acceptable manner. All costs and charges incurred by the Party of the Second Part, together with the
costs of completing the work under contract, shall be deducted from any monies due or which may
become due said Party of the First Part and Surety. In case the expense so incurred by the Party of
the Second Part shall be less than the sum which would have been payable under the contract, if it
had been completed by said Party of the First Part, then the said Party of the First Part and Surety
shall be entitled to receive the difference, but in case such expense shall exceed the sum which would
have been payable under the contract, then the Party of the First Part and the Surety shall be liable
and shall pay to the Party of the Second Part the amount of said excess.
3. The Party of the First Part proposes and agrees to furnish all necessary materials,
equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the
construction of FORNEY CREEK RESTORATION, LAKE NORMAN QUARRY in full in
complete accordance with the plans, specifications and contract documents, to the full and entire
satisfaction of the Party of the Second Part with a definite understanding that no money will be
allowed for extra work except as set forth in the General Conditions and the contract documents.
Party of the Second Part hereby agrees to pay to the Party of the First Part for the faithful
performance of this agreement, subject to additions and deductions as provided in the specifications
or proposal, in lawful money of the United States as follows:
,,Mi0UNT USING `VORDS (S NU1,JBEFS)
Party of the First Part also agrees to pay $1000 as Liquidated Damages for each consecutive day
beyond the date of completion in accordance with Article 23 of the General Conditions.
General Contractor: License Number
70

err
FORNEY CREEK RESTORATION CONTRACT-SCHEDULE OF UNIT PRICES
tool Unit prices quoted and accepted shall apply throughout the life of the contract,except as otherwise specifically noted. Unit prices shall be
applied,as appropriate,to compute the total value of changes in the scope of the work all in accordance with the contract documents.
ted
Item Item Description Estimated
Quant Unit Unit Price Amount
1 Mobilization 1 LS
2 Construction Surveying 1 LS
WW 3 As-Built Survey 1 LS
4 Clearing and Grubbing 26.6 AC
5 Impervious Select Material(obtained on-site) 6,047 CY
bw
6 Grading-Stream, Floodplain,Channel Fill&Stockpile 1 LS
(approx Cut 53,300 CY&Fill 44,000 CY)
Floodplain Surface Protection
�+ 7 -4"Class A Stone Installation 40,898 SY
8 Floodplain Surface Protection-Coir Fiber Mat 40,898 SY
9 Coir Fiber Mat-Along Channel 7,076 SY
10 Soil Lift 1,280 LF
11 Toe Wood w/Reinforced Earth 1,002 LF
12 Boulder Vane and J-Hook 10 EA
13 BOULDER RIFFLE 6 EA
14 Constructed Riffle-Forney 16 EA
15 Constructed Riffle-Tributary 7 EA
16 Dam Removal 1 LS
17 Culvert Removal 1 LS
tw 18 Bare Roots 5,750 EA
19 Live Stakes 20,040 EA
20 Temporary Seeding 26.6 AC
tw 21 Permanent Seeding 26.6 AC
22 Temporary Construction Entrance 2.0 EA
23 Pump Around Operation 1.0 LS
24 Temporary Silt Fence 4,410.0 LF
25 Temporary Rock Silt Check 2.0 EA
26 Straw Wattles 12,130.0 LF
TOTAL CONSTRUCTION COST
Wo
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Yirl
Summary of Contract Award: h.
4. On or before the 20th day of each calendar month, the Party of the Second Part shall make
payments to the Party of the First Part on the basis of a duly certified and approved estimate of work
performed during the preceding calendar month by the First Party, less five percent (5%) of the kw
amount of such estimate which is to be retained by the Second Party until all work has been
performed strictly in accordance with this agreement and until such work has been accepted by the
Second Party. The Second Party may elect to waive retainage requirements after 50 percent of the
work has been satisfactorily completed on schedule as referred to in Article 31 of the General u
Conditions.
5. Upon submission by the First Party of evidence satisfactory to the Second Party that all
payrolls, material bills and other costs incurred by the First Party in connection with the construction of
the work have been paid in full, final payment on account of this agreement shall be made within thirty
(30) days after the completion by the First Party of all work covered by this agreement and the
acceptance of such work by the Second Party.
6. It is further mutually agreed between the parties hereto that if at any time after the
execution of this agreement and the Surety bonds hereto attached for its faithful performance, the
Second Parry shall deem the Surety or sureties upon such bonds to be unsatisfactory, or if, for any
reason, such bonds cease to be adequate to cover the performance of the work, the First Party shall,
at its expense, within five (5) days after the receipt of notice from the Second Party so to do, furnish
an additional bond or bonds in such form and amount, and with such Surety or sureties as shall be `W
satisfactory to the Second Party. In such event no further payment to the First Party shall be deemed
to be due under this agreement until such new or additional security for the faithful performance of the
work shall be furnished in manner and form satisfactory to the Second Party. L
IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day and
date first above written in counterparts, each of which shall without proof or
accounting for other counterparts, be deemed an original contract.
Witness:
Contractor:(Trade or Corporate Name)
By:
(Proprietorship or Partnership)
Attest: (Corporation) Title:
(Owner, Partner, or Corp. Pres. or Vice Pres. only)
it
By:
Title:
(Corp. Sec. or Asst. Sec. only)
(CORPORATE SEAL)
Witness: B.V. HEDRICK INDUSTRIES, INC.
By:
Title:
72 '�

dr
FORM OF PERFORMANCE BOND
Date of Contract:
Date of Execution:
Name of Principal
(Contractor)
Name of Surety:
Name of Contracting
Body:
Amount of Bond:
Project FORNEY CREEK RESTORATION, LAKE NORMAN QUARRY
KNOW ALL MEN BY THESE PRESENTS, that we, the principal and Surety above
named, are held and firmly bound unto the above named contracting body, hereinafter called
the contracting body, in the penal sum of the amount stated above for the payment of which
sum well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and
successors,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal
entered into a certain contract with the contracting body, identified as shown above and
hereto attached:
NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the
undertakings, covenants, terms, conditions and agreements of said contract during the
original term of said contract and any extensions thereof that may be granted by the
contracting body, with or without notice to the Surety, and during the life of any guaranty
required under the contract, and shall also well and truly perform and fulfill all the
undertakings, covenants, terms, conditions and agreements of any and all duly authorized
modifications of said contract that may hereafter be made, notice of which modifications to
the Surety being hereby waived, then, this obligation to be void; otherwise to remain in full
force and virtue.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument
under their several seals on the date indicated above, the name and corporate seal of each
corporate party being hereto affixed, and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
� Executed in counterparts.
°'d 73
wo

Witness:
Contractor: (Trade or Corporate Name) 6ni
By:
(Proprietorship or Partnership)
Attest: (Corporation) Title:
(Owner, Partner, or Corp.
Pres. or Vice Pres. only)
By: ,
Title:
(Corp. Sec. or Asst. Sec.. only)
(Corporate Seal)
(Surety Company) {
Witness: By:
Title: ,,;
(Attorney in Fact)
Countersigned:
(Surety Corporate Seal)
(N.C. Licensed Resident Agent)
i `
+.r
Name and Address-Surety Agency
i '
Surety Company Name and N.C.
Regional or Branch Office Address
V
i
74
6W

FORM OF PAYMENT BOND
Date of Contract:
Date of Execution:
Name of Principal
(Contractor)
Name of Surety:
Name of Contracting
Body:
dr Amount of Bond:
Project
KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are
held and firmly bound unto the above named contracting body, hereinafter called the contracting
body, in the penal sum of the amount stated above for the payment of which sum well and truly to be
t.v made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a
certain contract with the contracting body identified as shown above and hereto attached:
NOW, THEREFORE, if the principal shall promptly make payment to all persons supplying
�..► labor/material in the prosecution of the work provided for in said contract, and any and all duly
authorized modifications of said contract that may hereafter be made, notice of which modifications to
the surety being hereby waived, then this obligation to be void; otherwise to remain in full force and
virtue.
two
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under
their several seals on the date indicated above, the name and corporate seal of each corporate party
�c being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
�r
Executed in counterparts.
''"' 75

lad
Witness: u
Contractor(Trade or Corporate Name)
By:
(Proprietorship or Partnership)
Attest: (Corporation) Title:
(Owner, Partner, or Corp. Pres. or Vice Pres. only)
By:
Title:
(Corp. Sec. or Asst. Sec. only)
(CORPORATE SEAL)
Witness:
(Surety Company)
By:
�r
Title:
(Attorney in Fact)
Countersigned:
(Surety Corporate Seal)
(N.C. Licensed Resident Agent) �,
Name and Address-Surety Agency
Surety Company Name and N.C.
Regional or Branch Office Address
76
6W

Sheet for Attaching Power of Attorney
v
i
77

Sheet for Attaching Insurance Certificates
tj
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a �
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78

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APPENDIX
FLOODPLAIN PERMIT WAS SUBMITTED AND APPROVED BY LINCOLN COUNTY AND
'r HAS SINCE BEEN SUBMITTED TO FEMA FOR REVIEW AND APPROVAL.
two
I"' 79
ww

DocuSign Envelope ID:D85BBA38-186D-4B90-9F22-1ACOD750DAFF
tr
n
ROY COOPER o.
Governor
ELIZABETH S.BISER '2 'r
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality r
April 18, 2022
DWR#20211505
Lincoln County
aw
Hedrick Industries Inc.
Attn: Mr.Jason Conner
PO Box 425
Swannanoa, NC 28778
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Hedrick Gravel & Sand CO-Lake Norman Quarry Expansion and Forney Creek
Relocation
USACE Action ID. No.SAW-2020-00436
Dear Mr.Conner:
Attached hereto is a copy of Certification No. WQCS004772 issued to Mr.Jason Conner and Hedrick
Industries Inc.,dated April 18, 2022. This approval is for the purpose and design described in your
application.The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project,you must notify the Division and you may be ✓
required to submit a new application package with the appropriate fee. If the property is sold,the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)). wu
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal,State,or Local approvals before proceeding with the project, including those required r
by, but not limited to,Sediment and Erosion Control, Non-Discharge, Water Supply Watershed,and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license,or privilege in any
lands or waters,or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights,or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This .�
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with rs
respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which
the withdrawal was initiated or expanded.
Q
Noah Carolina Department of Environmental Quality I Division of Water Resources
D_E 512 North Salisbup Snect 1 1611 Mail Sen ice Center I Raleigh.North Carolina 27699-1611 Ut
a.e...e,n...�.o..N� 919.7079000
80

DocuSign Envelope ID:D85BBA38-186D-4B90-9F22-1ACOD750DAFF
Hedrick Industries Inc.
ar D W R#20211505
Individual Certification#WQC004772
Page 2 of 11
s
Upon the presentation of proper credentials,the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Mooresville Regional Office within 24 hours(or the next business day if a weekend or holiday)from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with,and/or any
violation of,stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
_ impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the next
business day if a weekend or holiday)from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
4W filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings(OAH)within sixty(60)calendar days.Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
4W Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
htto://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000.
%r A party filing a Petition must serve a copy of the Petition on:
William F. Lane,General Counsel
.,, Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
.r
If the party filing the Petition is not the permittee,then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
i
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood ncdenr.eov if you have
ur
any questions or concerns.
QW
mr
Nonh Carolina m Depan ntofEn me eironntal Qunliw I Division of Water Resources
40 D_E Q�� 512 Nonh Selishuq Streei 1 1611 Mail Service Center I Raleigh.Nonh Carolina 27699-1611
919.707.9000
81

DocuSign Envelope ID:D85BBA38-786D-4B90-9F22-1 ACOD750DAFF I Hedrick Industries Inc.
DWRf120211505 �r
Individual Certification NWQC004772 _
Page 3 of 11
to
Sincerely,
E I
DocuSig�n�e)d by:�'
D I -
949D918A53EF4E0...
Paul Wojoski,Supervisor
401& Buffer Permitting Branch ~
Electronic cc: Kevin Thomas,CEC
Steve Kichefski, USACE Asheville Regulatory Field Office `r
Olivia Munzer
Todd Bowers, EPA
DWR MRO
DWR 401& Buffer Permitting Branch Electronic file
Lr
Filename: 20211505_Hedrick Mine-Forney Creek Relo(Lincoln)_IC.docx
an
a
w
arrr
r�
re
Q North Carolina Departnrent of En ironmenlal Qualin, I Division of Water Resources
512 North Salisbury Street 11611 Mail Sercicc Center I Rzlogh.North Carolina 27699-1611 11111111
82

DocuSign Envelope ID:D85BBA38-186D4B90-9F22-1ACOD750DAFF Hedrick Industries Inc.
DW R#20211505
Individual Certification#WQC004772
Page 4 of 11
et<
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
«� CERTIFICATION#WQCS004772is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B.0200,to Mr.Jason Conner and Hedrick Industries Inc., who have authorization for the
rLr impacts listed below, as described within your application received by the N.C. Division of Water
Resources(Division)on October 13, 2021,with payment received November 3,2021 and subsequent
information received on December 29, 2021, February 21, 2022 and April 6, 2022 and by Public Notice
issued by the U.S.Army Corps of Engineers and received by the Division on December 21, 2021.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301,302, 303,306,307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application,the supporting documentation, and conditions
hereinafter set forth.
The followingimpacts are hereby approved. No other impacts area roved, including Incidental
� p Y pP P PP g�
impacts. [15A NCAC 02H .0506(b)]
ed
Type of Impact Amount Approved (units) Amount Approved (units)
Permanent Temporary
Stream
Forney Creek 2,798(existing linear feet) 0 (linear feet)
Forney Creek Priority 2 115 (existing linear feet) 0(linear feet)
r Restoration
UT1 Restoration 436(existing linear feet) 0(linear feet)
er This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation must be provided for the proposed impacts as specified in the table below. You have
your proposed onsite mitigation to satisfy this requirement. This mitigation plan is only approved
for credits towards the impacts approved in this certification. The stream restoration work shall be
completed prior to any additional mining activities proposed in the application.
Citation: 15A NCAC 02H.0506(c),15A NCAC 02H.0507(c)
w
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards(including designated uses, numeric criteria,narrative
criteria and the state's antidegradation policy), the project must provide for replacement of existing
uses through compensatory mitigation.
Compensatory Mitigation Required River and Sub-basin Number
Forney Creek 2,798 linear feet Catawba
03050101
.1.
Nonh Carolina Depmmrenlof Ensironnw:mal Qmlim I DkisionofWaler Resources
D E Q 512 Nonh Salisbup Sm.1 1 1611 Mail S.,kc Cemer I Raleigh.Nnnh Carolina 27699-1611
919.7079000
83
+✓

DocuSign Envelope ID:D85BBA38-186D-4890-9F22-tACOD750DAFF i
Hedrick Industries Inc.
DW R#20211505
Individual Certification#WQC004772
Page 7 of 11
r
deleterious substances, or colored or other wastes:only such amounts as shall not render the waters
injurious to public health,secondary recreation,or to aquatic life and wildlife, or adversely affect the
palatability offish. aesthetic quality,or impair the waters for any designated uses;and(21)turbidity y
in the receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;if r
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards:(c)(1)Liquids,fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
9. Sediment and erosion control measures shall not be installed in wetland or waters except within the to
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas,then placement of such measures shall not be conducted in a
manner that results in dis-equilibrium of any wetlands, streambeds,or streambanks. Any silt fence 4
installed within wetlands shall be removed from wetlands and the natural grade restored within two
(2) months of the date that DEMLR or locally delegated program has released the specific area
within the project to ensure wetland standards are maintained upon completion of the project. �r
Citation: 15A NCAC 02H.05O6(b);15A NCACO2H.05O7(c);15A NCACO2B.0200,15A NCAC
02B.0231
M
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils,
deleterious substances, or colored or other wastes:only such amounts as shall not render the waters
injurious to public health,secondary recreation,or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses;and(21)turbidity ar
in the receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in streams not
designated as trout waters and 10 NTU in streams,lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;if y
turbidity exceeds these levels due to natural background conditions,the existing turbidity level shall
not be increased. As cited in Wetland Standards:(c)(1)Liquids,fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H.O5O6(b);SSA NCAC 02H.O5O7(c)
Justification:A project that affects waters shall not be permitted unless the existing uses(including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
w
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream,continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
North Caroli.Depamnem ofE.,im..ntel Q,ulin' I D,6,,wnof Winer Resources
D E Q ort512 North Salisbury Sweet 1 1611 Mail Sen cc Center I Ralcigh.North Carolinn 27699-1611
919,707 900U
86
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DocuSign Envelope ID:D85BBA38-186D4B90-9F22-1ACOD750DAFF
Hedrick Industries Inc.
r D W R#20211505
Individual Certification#WQC004772
Page 8 of 11
+
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
r
11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000,full compliance with permit conditions
including the erosion&sedimentation control plan, inspections and maintenance,self-monitoring,
r record keeping and reporting requirements is required.
Citation: 15A NCAC 02H.05O6(b);15A NCAC O2H.O507(c);15A NCAC O2B.0200;15A NCAC
+ 028,0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
r water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils,
deleterious substances, or colored or other wastes:only such amounts as shall not render the waters
+ injurious to public health,secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses;and(21)turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in streams not
designated as trout waters and 10 NTU in streams,lakes, or reservoirs designated as trout waters;
`f for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU,'if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards:(c)(1)Liquids,fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
12. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual,or the NC Department of Transportation
Construction and Maintenance Activities Manual,such as sandbags, rock berms,cofferdams,and
other diversion structures shall be used to minimize excavation in flowing water.
"" Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.05O7(c);15A NCAC 02B.0200
Justification:Surface water quality standards require that conditions of waters be suitable for all best
r uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards:(12)Oils, deleterious
substances, or colored or other wastes:only such amounts as shall not render the waters injurious to
No public health,secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability
offish, aesthetic quality, or impair the waters for any designated uses;and(21)turbidity in the
receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in streams not designated
no as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased.
13. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be
directed across the bridge and pre-treated through site-appropriate means to the maximum extent
r
North Carolina Department of Envitunmenlal Qoalin' I Division of Water Resources
T D�Q2> 512 North Salisbury Street 1 1611 Alail Service Center I Raleigh.North Carolina 27699-1611
919,707 9000
as.�+a.sm.r+a+r
87
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DocuSign Envelope ID:D85BBA38-186D-4B90-9F22-tACOD750DAFF
Hedrick Industries Inc.
DWR#20211505 tr
Individual Certification#WQC004772
Page 9 of 11
practicable(e.g.grassed swales, pre-formed scour holes,vegetated buffers, etc.) before entering
streams or wetlands.
Citation: 15A NCAC 02H.O506(b);15A NCAC 02H.O507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed _
properly will ensure that surface water quality standards are met and conditions of waters are
suitable for all best uses. ..
14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a mannerthat minimizes
the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H.O506(b),- 15A NCACO2H.0507(c),I5A NCAC 02B.0200;15A NCAC O2B.0231 ~'
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that to
precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils,
deleterious substances, or colored or other wastes:only such amounts as shall not render the waters
injurious to public health,secondary recreation, or to aquatic life and wildlife, or adversely affect the ,r
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards:(c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing r
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
15. If concrete is used during construction,then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H.0506(b);15A NCAC 02H.05O7(c);15A NCAC 02B.0200;15A NCAC 02B.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils,
deleterious substances, or colored or other wastes:only such amounts as shall not render the waters
injurious to public health,secondary recreation,or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in _
Wetland Standards:(c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
16. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,or other
Nonh Carolina Dcpanment ofEn'imme nntnl Qmlity I Division of Water R rcesesou
D_E Q�� 512 Noah Salisbury Street 1 1611 Mail Service Center I Raleigh.North Carolina 2 7699-161 1 ra
919.707.9000
88
r

DocuSign Envelope ID:D85BBA38-186D4B90-9F22-1ACOD750DAFF
Hedrick Industries Inc.
D W R#20211505
Individual Certification#WQC004772
Page 10 of 11
'!s
toxic materials. Construction shall be staged in order to minimize the exposure of equipment to
surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment
maintenance shall be performed in a manner to prevent,to the maximum extent practicable,
contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0200;15A NCAC
.r 028.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
+r water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use an a short-term or long-term basis.As cited in Stream Standards:(12)Oils,
deleterious substances, or colored or other wastes:only such amounts as shall not render the waters
.► injurious to public health,secondary recreation, or to aquatic life and wildlife,or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses.As cited in
Wetland Standards:(c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in
r amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
.r Citation: 15A NCAC 02H.05O6(b);15A NCAC O2H.05O7(c); 15A NCAC 028.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
rr such that hydrologic conditions necessary to support natural biological and physical characteristics
are protected;populations of wetland flora and fauna are maintained to protect biological integrity
of the wetland;and materials or substances are not present in amounts that may cause adverse
rr
impact on existing wetland uses.
18. In accordance with 143-215.85(b),the permittee shall report any petroleum spill of 25 gallons or
more;any spill regardless of amount that causes a sheen on surface waters;any petroleum spill
r regardless of amount occurring within 100 feet of surface waters;and any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours.
r Citation: 15ANCACO2H.0507(c);N.C.G.S143-215.85(b)
Justification:Person(s)owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the nature,
10 location, and time of the discharge and of the measures which are being taken or are proposed to be
taken to contain and remove the discharge. This action is required in order to contain or divert the
substances to prevent entry into the surface waters.Surface water quality standards require that
aw conditions of waters be suitable for all best uses provided for in state rule(including, at minimum:
aquatic life propagation,survival, and maintenance of biological integrity;wildlife, secondary
contact recreation;agriculture);and that activities must not cause water pollution that precludes
aw any best use on a short-term or long-term basis.
.r.
100
Nonh C=Iirm Depanmentor Environmental Quality I Dmsionor Water Resources
U/ D E Q2 (� 512 North Salisbury Street I I611 Mail Senice Center I Raleigh.Nonh Caroline 27699-1611
919707.9000
89
wr

DocuSign Envelope ID:D85BBA38-186D-4B90-9F22-1ACOD750DAFF
Hedrick Industries Inc.
DWR#20211505 No
Individual Certification#WQC004772
Page 11 of 11
r
19. The permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards(including any requirements resulting from compliance with §303(d)
of the Clean Water Act), and any other appropriate requirements of State and Federal Law. r
Citation: 15A NCAC 02H.0506(b),15A NCAC 02H.0507(c) -
Justification:Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any _
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would r
result in secondary or cumulative impacts.
20. The permittee shall require its contractors and/or agents to comply with the terms and conditions of to
this certification in the construction and maintenance of this project and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a
copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available
at the project site during the construction and maintenance of this project.
Citation:15A NCAC 02H.0506(b);15A NCAC 02H.0507(c)
r
Justification:Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in r
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)] ..
v
This,the 181h day of April, 2022
CP W10
DacuSlg�n�e/d by:
*
010
49D91 9 BA53EF4E0...
Paul Wojoski, Supervisor t.
401&Buffer Permitting Branch
PAW/SLH
+nr
,00
r
re
North Carolina Department of Environmental Quality I Division of Water Resources
D_E Q�� 512 North Salisbury Street 1 1611 Mail service Center I Raleigh.North Carolina 27699-1611 r
919,707,9000
mo.+n _
90

ow
DEPARTMENT OF THE ARMY PERMIT
r.r Permittee Hedrick Industries, Inc.
Permit No. SAW-2020-00436
Issuing office CESAW-RG-Asheville
�► NOTE: The term"you"and its derivatives,as used In this permit,means the permittee or any future transferee. The
term"this office"refers to the appropriate district or division office of the Corps of Engineers having Jurisdiction over
the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
Mr.Jason Conner,on behalf of Hedrick Industries Incorporated,is hereby authorized to impact 2,798 linear feet of Forney
Creek,for a proposed expansion of the existing Lake Norman Quarry located at 6941 Quarry Lane in the Stanley community of
Lincoln County,North Carolina.
Project Location:
The Hedrick Industries,Inc.,Lake Norman Quarry located at 6941 Quarry Lane in the Stanley community of Lincoln County,
North Carolina.
.r
Permit Conditions: p
General Conditions:
Dec.31,2028
1. The time limit for completing the work authorized ends on If you find that you need more time
to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
+r
2. You must maintain the activity authorized by this permit In good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity,although you
may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to
�r cease to maintain the authorized activity or should you desire to abandon It without a good faith transfer,you must
obtain a modification of this permit from this office,which may require restoration of the area.
3. if you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit,you must Immediately notify this office of what you have found. We will Initiate the Federal
and state coordination required to determine if the remains warrant a recovery effort or If the site Is eligible for listing
In the National Register of Historic Places.
«r
4. If you sell the property associated with this permit,you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
d.►
ENO FORM 1721,Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325(Appendix A))
v
1
91

Ir.►
Vr
5. If a conditioned water quality certification has been Issued for your project,you must comply with the conditions
specified In the certification as special conditions to this permit.For your convenience,a copy of the certification Is
attached if It contains such conditions.
V+
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary
to ensure that It Is being or has been accomplished In accordance with the terms and conditions of your permit,
r.►
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities:You have been authorized to undertake the activity described above pursuant to:
Section 10 of the Rivers and Harbors Act of 1899(33 U.S.C.403).
, f
V
Section 404 of the Clean Water Act(33 U.S.C.1344).
F] Sectlon 103 of the Marine Protection, Research and Sanctuaries Act of 1972(33 U.S.C.1413).
V
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal,state,or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges. _
c. This permit does not authorize any injury to the property or rights of others. Iwo
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In Issuing this permit,the Federal Government does not assume any liability for the ad
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or
from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or �-
on behalf of the United States In the public interest. '
c. Damages to persons, property,or to other permitted or unpermitted activities or structures caused by the _
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification,suspension,or revocation of this permit. ~
wr
4. Reliance on Applicant's Data:The determination of this office that Issuance of this permit is not contrary to the
public Interest was made In reliance on the Information you provided. --
too
(REVERSE OF ENG FORM 1721)
2
92

too
�•+ 5. Reevaluation of Permit Decision. This office may reevaluate Its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include,but are not limited to,the
following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you In support of your permit application proves to have been false,
r�.► incomplete,or inaccurate(See 4 above).
b. Significant new information surfaces which this office did not consider in reaching the original public Interest
decision.
d.n
Such a reevaluation may result in a determination that it Is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained In 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the Issuance of an administrative order
r.+ requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate.You will be required to pay for any corrective measures ordered by this office,and if you fail to comply
with such directive,this office may in certain situations(such as those specified in 33 CFR 209.170)accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions.General condition 1 establishes a time limit for the completion of the activity authorized by this permit,
unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation
of the public Interest decision,the Corps will normally give favorable consideration to a request for an extension
of this time limit.
Your signature below, as permittee,indicates that you accept and agree to comply with the terms and conditions of
d.► this permit.
X'4 A,,
(PE TTEE} (DATE)
This permit becomes effective when the Federal official,designated to act for the Secretary of the Army, has signed
below.
«.r
(DISTRICT COMMANDER) BRAD A.MORGAN (DATE)
COLONEL,U.S. ARMY
DISTRICT COMMANDER
When the structures or work authorized by this permit are still in existence at the time the property Is transferred,the
terms and conditions of this permit will continue to be binding on the new owner(s)of the property. To validate the
transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have
the transferee sign and date below.
..r
(TRANSFEREE) (DATE)
3 *U.S.GOVERNMENT PRINTING OFFICE:1986-717A25
93

ROY COOPER --
., , MICHAEL S. REGAN ~
WILLIAM E. VINSON, Jr. r
Energy.Mineral
and Land Resources
ENVIRONMENTAL OUALITV
July 2, 2018
CERTIFIED MAIL --
RETURN RECEIPT REQUESTED
7015 0646 0007 9831 3668 r
Mr. Jason Conner
B V Hedrick Gravel and Sand Company
PO Box 425
Swannanoa, North Carolina 28778
RE: Permit No. 55-01
Lake Norman Quarry r
Lincoln County
Catawba River Basin
Dear Mr. Conner:
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to increase the affected acreage at this site to 240.2 acres as r
indicated on the Site Map last revised April 20, 2018. The modification includes the
construction of 2.5 acre berm addition within the 50 foot undisturbed buffer area north of
Fortney Creek and includes the installation and maintenance of all associated erosion and
sediment control measures. A copy of the modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application.
Modifications were made as indicated by the modification request and as required to insure rr
compliance with The Mining Act of 1971. The mine name and permit number shall remain the
same as before the modification. I would like to draw your particular attention to the following
conditions where minor additions or changes were made: Operating Condition Nos. 3C, 4F,
10B, and 14. r
The issuance of a mining permit and/or any modification to it does not supersede local -
zoning regulations. The responsibility of compliance with any applicable zoning regulations
lies with you.
As a reminder, your permitted acreage at this site is 486.77 acres and the amount of
land you are approved to disturb is 140.2 acres.
As we have received the new $1,000,000.00 Assignment of Savings Account issued by
First Citizens Bank, I am returning the previously held $500,000.00 Assignment of Savings
Account to you for your disposal. r
Yr
r
State of North Carolina I Environmental Quality Energy,Mineral and Land Resources
1612 Mail Service Center 1 512 N.Salisbury St. I Raleigh.NC 27699 - -
919 707 9220
tat
94
r

Certified Mail
Mr. Conner
Page Two
Please review the modified permit and contact Judy Wehner, Assistant Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
David Miller, PE
State Mining Engineer
DM/jw
Enclosures
cc: Mr. Zahid Khan
Ms. Shannon Deaton - WRC, w/permit
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures
95

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES -
PERMIT law
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable -
laws, rules and regulations
Permission is hereby granted to:
B V Hedrick Gravel and Sand Company _
Lake Norman Quarry
Lincoln County- Permit No. 55-01
for the operation of a
Crushed Stone Quarry
which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
few
96

Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environmental Quality hereinafter referred to as the Department, and in
rr conformity with the approved Reclamation Plan attached to and incorporated as part of this
permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
,..,f of a sale, lease, assignment or otherwise,the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act,the Department may give the
+� operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
�r Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
*+ May 1. 1995: This permit has been modified to: 1) add the additional adjoining land as
indicated on the mine map received by the Mining Program on September 6, 1994,2) expand
the permitted mining activity as indicated on the Mine Map dated March 14, 1995, and 3)allow
u.r the stockpiling of recyclable materials as indicated on the mine map received by the Mining
Program on August 8, 1994.
May,14, 2003: This permit has been modified to increase the permitted acreage to 414.87
acres and the affected acreage to 129.3 acres as indicated on the mine map last revised April
17, 2003. The modification includes the addition of two tracts along the southern permit
boundary as buffer land and an increase in the existing stockpile and stripping areas, including
the associated erosion and sedimentation control measures.
i.r
97
ar

1r„u►
Page 3
October 10, 2003: This permit has been modified to increase the affected area at this site to
138.0 acres as indicated on the Modification Map received by the Mining Program Section on
August 25, 2003. This modification includes the addition of a 1.7acre fill area adjacent to the
asphalt plant, the addition of a 7.0 acre stockpile area located south of the existing stockpile
areas and the construction and maintenance of the associated sediment and erosion control
measures with these additions.
February 18, 2005: This permit has been modified to increase the permitted acreage at this
site to 443.72 acres and the affected area at this site to 155.0 acres as indicated on the
Modification Map last revised January 6, 2005. This modification includes the addition of a 17-
acre future stockpile area and the construction and maintenance of the associated sediment
and erosion control measures with this addition.
August 4, 2005: This permit has been modified to increase the permitted acreage to 456.57
acres and the affected acreage at this site to 180.35 acres. This modification includes the
expansion of the permit boundary by 12.8 acres and the affected area by 25.35 acres to
include 11.5 acres of stockpile area and an additional haul road across Rock Dam A.
May 15, 2008: This permit has been modified to increase the permitted acreage to 486.97
acres and the affected acreage at this site to 184.55 acres as indicated on the Site Map dated
February 2007 and received by the Mining Program on February 1, 2008. This modification
includes the addition of17.2 acres to the southwestern permit boundary as buffer, 13 acres to
the southern permit boundary that contains 4 acres of future fill and stockpile area,the
addition of a visual screening and sound berm in an existing stockpile area, expansion of the
pit area and installation and maintenance of all associated erosion and sediment control
measures. ,�►
September 14, 2015: This permit has been modified to increase the affected acreage at this
site to 235.0 acres as indicated on the Site Map last revised May 2015. This modification
includes the addition of two additional pit areas and includes the installation and maintenance
of all associated erosion and sediment control measures.
April 11, 2016: This permit has been modified to increase the affected acreage at this site to
237.7 acres as indicated on the Site Map last revised February 2016. The modification _
includes changing the 50 foot undisturbed buffer along the northeastern permit boundary to
unexcavated in order to construct a visual screening berm along said boundary. The +
modification also includes the installation and maintenance of all associated erosion and _
sediment control measures.
December 1, 2017: This permit has been issued for the life of site or the duration of the lease
term.
W
July 2. 2018: This permit has been modified to increase the affected acreage at this site to
240.2 acres as indicated on the Site Map last revised April 20, 2018. The modification
includes the construction of 2.5 acre berm addition within the 50 foot undisturbed buffer area
north of Fortney Creek and includes the installation and maintenance of all associated erosion
and sediment control measures.
Wr
98

Page 4
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session
a. Law 2017-209 and has no expiration date. However, all provisions of GS 74-51 and GS 74-52
still apply for new, transferred and modified mining permits. u
Conditions
4W
This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
one
OPERATING CONDITIONS:
�► 1. Wastewater and Quar Dewaterin
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any storm water runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Stormwater Program to secure any necessary storm water permits or other
approval documents.
�.r 2. Air Quality and Dust Control
A. Any mining related process producing air contaminant emissions including
fugitive dust shall be subject to the requirements and rules promulgated by the
N.C. Environmental Management Commission and enforced by the Division of
Air Quality.
B. During processing operation, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. Buffer Zones
A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
«.► shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
B. Sufficient buffer{minimum 50 foot undisturbed}shall be maintained between any
affected land and any adjoining waterway or wetland to prevent sedimentation of
that waterway or wetland from erosion of the affected land and to preserve the
integrity of the natural watercourse or wetland.
r.
99

Page 5
C. All buffer zones shown on the Site Map last revised April 20, 2018 shall be
maintained to protect adjoining property. These buffer zones, with the exception
of the installation of required sediment control measures and approved earthen
berms, shall remain undisturbed.
4. Erosion and Sediment Control
A. Adequate mechanical barriers including, but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All mining activities, including the installation and maintenance of all associated
sediment and erosion control measures associated with the additional fill area
adjacent to the asphalt plant and stockpile area located south of the existing
stockpile areas, shall be conducted as indicated on the Modification Map
received by the Mining Program Section on August 25, 2003 and the
supplemental information dated August 20, 2003 and September 15, 2003.
C. All mining activities associated with the future stockpile area, including the
installation and maintenance of all associated erosion and sediment control
measures, shall be conducted as indicated on the Modification Map last revised
January 6, 2005 and supplemental information received by the Mining Program
on January 10, 2005.
D. All mining activities and those associated with the two future pit areas shall be
conducted as indicated on the Site Map last revised May 2015 and the
supplemental information received by the Mining Program on May 20, 2015 and
July 29, 2015.
E. Mining activities associated with the construction of the visual screening berm
buffer along the northeastern permit boundary, including the installation and
maintenance of all associated erosion and sediment control measures, shall be -
conducted as indicated on the Site Map last revised February 2016 and
supplemental information received by the Mining Program on February 23, 2016.
F. All mining activities associated with the construction of 2.5 acre berm addition ;
within the 50 foot undisturbed buffer area north of Fortney Creek, including the �►
installation and maintenance of all erosion and sedimentation control measures,
shall be conducted as indicated on the Site Map last revised April 20, 2018 and _
supplemental information received May 3, 2018.
100
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Page 6
G. An erosion and sediment control plan(s)shall be submitted to the Department for
approval prior to any land disturbing activities not indicated on the revised
erosion control plan or mine maps submitted with the approved application for a
ow mining permit and any approved revisions to it. Such areas include, but are not
limited to, expansion outside of the approved pit area, creek crossings, or
expansion of overburden or waste disposal areas.
amo
5. Groundwater Protection
err Groundwater monitoring wells shall be installed and monitored as deemed appropriate
by the Department.
„r 6. Graded Slopes and Fills
A. The angle for graded slopes and fills shall be no greater than the angle which
�r can be retained by vegetative cover or other adequate erosion control measure,
structure, or device. In any event, exposed slopes or any excavated channels,
the erosion of which may cause off-site damage because of siltation, shall be
planted or otherwise provided with groundcover, devices or structures sufficient
to restrain such erosion.
B. Overburden cut slopes along the perimeter of any pit expansion conducted after
May 1, 2=1995 shall be graded to a minimum 2 horizontal to 1 vertical or flatter
and shall be stabilized within 60 days of completion. Furthermore, a minimum
ten (10)foot wide horizontal safety bench shall be provided at the top of the rock
.,, and at the toe of any overburden slope constructed after May 1, 1995.
7. Surface Drainage
The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Blasting
�+ The operator shall monitor each blast with a seismograph located at a distance
no farther than the closest off site regularly occupied structure not owned or
leased by the operator. A seismographic record including peak particle velocity, air
�.► overpressure, and vibration frequency levels shall be kept for each blast(except as
provided under Operating Condition Nos. 8B and 8D of this permit). The following
blasting conditions shall be observed by the mine operator to prevent hazard to persons
and adjacent property from surface blasting:
101

i
Page 7
A. Ground Vibration with Monitoring:
In all blasting operations, the maximum peak particle velocity of any component
of ground motion shall not exceed Figure 1 (below) at the immediate location of
any regularly occupied building outside of the permitted area such as a dwelling
house, church, school, or public, commercial or institutional building.
r
ta0 10.0
U
•
r
u _
0
3 2.0 WOOC 2.0 +..►
IL
b:� /f•Q
0.75 In/sec 0.9
� O.T �
0.6 I ; 0.0
0 0.5 , 0.5 .d
0.4
' 0.4
E 4.3 i 0.3
11 ' 0.2
O.t
+ ►
1 4 10 20 30 100
818st Vibration Frequency, Hz
Figure ) Alternative blasting level crrterra
(Source modified from figure a t. Bureau of Mines R18507)
B. Ground Vibration without Monitoring: �+
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
W= (D/Ds)2 Ds= D
W1/2
60
102
1■v

Page 8
V= 160(DS)-'.6
W W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator(feet).
Ds = Scaled distance factor.
V = Peak Particle Velocity(inches per second).
�+ The peak particle velocity of any component shall not exceed 1.0 inch per
second, for the purposes of this Section.
*W C. Air Blast with Monitoring:
Air blast overpressure resulting from surface blasting shall not exceed 129
ow decibels linear(dBL) as measured at the immediate location of any regularly
occupied building not owned or leased by the operator outside of the permitted
area such as a dwelling house, church, school, or public, commercial or
institutional building, unless an alternate level based on the sensitivity of the
`W seismograph microphone as specified below is being used:
Lower Frequency Limit of Max Level,
a+ Measuring System, in Hz in dBL
0.1 Hz or lower-flat response 134 peak
to 2.0 Hz or lower-flat response 133 peak
6.0 Hz or lower-flat response 129 peak
D. Air Blast without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
U = 82 (D/WO-33)-'.2
To convert U (psi)to P(dBL):
d.► P = 20 x log (U/2.9x10-9)
Confined Air blast/Overpressure(dBL)
for quarry situation:
A= P- 35
U = Unconfined air overpressure(pounds per square inch).
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Page 9
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds). -
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator(feet).
P = Unconfined air overpressure (decibels).
A = Air blast or air overpressure for typical quarry situations (decibels).
The air blast/overpressure shall not exceed 129 decibels, for the purposes of this
Section.
E. Record Keeping:
The operator shall maintain records on each individual blast describing: the total
number of holes; pattern of holes and delay of intervals; depth and size of holes;
type and total pounds of explosives; maximum pounds per delay interval; amount
of stemming and burden for each hole: blast location; distance from blast to
closest offsite regularly occupied structure; and weather conditions at the time of
the blast. Records shall be maintained at the permittee's mine office and copies
shall be provided to the Department upon request.
F. Excessive Ground Vibration/Air Blast Reporting:
If ground vibration or Air blast limits are exceeded, the operator will immediately
report the event with causes and corrective actions to the Department. Use of
explosives at the blast site that produced the excessive reading shall cease until
corrective actions approved by the Department are taken. However, blasting
may occur in other approved areas within the permitted boundary. Authorization
to blast at the blast site may be granted at the time of the verbal reporting of the
high ground vibration or high air blast reading if the circumstances justify verbal
approval. Failure to report will constitute a permit violation.
G. Flvrock Prevention:
�.i
The operator shall take all reasonable precautions to ensure that flyrock is not
thrown beyond areas where the access is temporarily or permanently guarded by
the operator. Failure to take corrective measures to prevent flyrock and
repeated instances of flyrock shall be considered a violation of the Mining Permit.
H. Flyrock Reporting:
Should flyrock occur beyond the permitted and guarded areas,the operator shall
immediately report the incident to the Department. Further use of explosives on 191W
the mine site shall be suspended until the following actions have been taken:
1. A thorough investigation as to the cause(s) of the incident shall be
conducted. low
rr
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Page 10
r.
2. A report detailing the investigation shall be provided to the Department
within 10 days of the incident. The report shall, at a minimum, document
the cause(s)of the incident along with technical and management actions
that will be taken to prevent further incidents. The report shall meet with
the approval of the Department before blasting may resume at the mine
site.
I. Studies:
r.r The operator shall provide to the Department a copy of the findings of any
seismic studies conducted at the mine site in response to an exceedence of a
level allowed by these blasting conditions. The operator shall make every
reasonable effort to incorporate the studies' recommendations into the
production blasting program.
J. Notice:
The operator shall, when requested by the Department, give 24-hour advance
notice to the Division of Energy, Mineral and Land Resources' Regional Office
prior to any blast during a period for which notice is requested.
9. High Wall Barrier
A physical barrier consisting of large boulders placed end-to-end or fencing shall be
maintained at all times along the perimeter of any highwall to prevent inadvertent public
access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided
at the junction between the top of rock and the toe of any overburden cut slope.
10. Visual Screening
A. Existing vegetation shall be maintained between the mine and public
thoroughfares to screen the operation from the public. Additional screening
methods, such as constructing earthen berms, shall be employed as deemed
appropriate by the Department.
�► B. Vegetated earthen berms shall be located and constructed as shown on the Site
Map last revised April 20, 2018. In addition to grasses, long leaf and/or Virginia
pines or other acceptable evergreen species shall be planted as deemed
appropriate by the Department to improve visual and noise buffering.
11. Plan Modification
�r The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit and any approved revisions to
it. Approval to implement such changes must be obtained from the Department prior to
on-site implementation of the revisions.
r.r
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1�1
Page 11
i
12. Refuse Disposal
A. No on-site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Division of Energy, Mineral and
Land Resources, Department of Environmental Quality. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on-site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit,the Division of Energy, Mineral, and Land
Resources considers the following materials to be"mining refuse" (in addition to
those specifically listed under G.S. 74-49 (14)of the N.C. Mining Act of 1971):
1. on-site generated land clearing debris +�+
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. If miningrefuse is to be permanently disposed within the mining p y p g permit
boundary, the following information must be provided to and approved by the
Division of Energy, Mineral, and Land Resources prior to commencement of
such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the +�.b
seasonally high water table; and
5. verification that a permanent vegetative groundcover will be established
E. Used, clean concrete shall only be allowed on permitted quarry sites that have
obtained a valid air permit and are allowed to operate crushing operations for the
purposes of recycling and reuse provided that the following conditions are met:
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Page 12
1. Appropriate quality control measures shall be taken when the used
concrete arrives onsite to ensure that all such concrete processed onsite
is clean, inert material.
2. Used, clean concrete shall be temporarily stockpiled and processed within
existing approved affected areas draining to existing approved erosion
r•+ and sedimentation control measures.
3. No used, clean concrete material shall be permanently disposed of onsite.
4. Any foreign material that may be found within the used concrete must be
separated from the concrete and properly recycled or disposed off-site.
13. Annual Reclamation Report and Annual rating Fee Submittal
An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be
submitted to the Department by July 1 of each year until reclamation is completed and
.r approved for release by the Department.
14. Bonding
too The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a
$1,000,000.00 blanket bond, is sufficient to cover the operation as indicated in the
approved application. This security must remain in force for this permit to be valid. The
total affected land shall not exceed the bonded acreage.
15. Archaeological Resources
Authorized representatives of the Division of Archives and History shall be granted
access to the site to determine the presence of significant archaeological resources.
too
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Page 13
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
1
The approved plan provides:
Minimum Standards as Provided by G.S. 74-53
V
1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
wr
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul. �+
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
1. Provided further, and subject to the Reclamation Schedule, the planned reclamation
shall be to allow the quarry excavation to fill with water, provide a permanent barricade �..+
(fence)along the top of any high wall, and grade and revegetate any areas in
unconsolidated material.
�2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
dr
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Page 14
r.
A. All areas of unconsolidated material such as overburden or waste piles shall be
graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to
insure slope stability.
B. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
C. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
tow
E. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Conditions Nos. 12.A.
or through E.
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
4r
3. ReveQetation Plan:
�► After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seeding Specifications
Dates Species Rate, Lbs/Acre
February 15-April 1 Korean Lespedeza 10
Fescue 40
Redtop 1
Winter rye (grain) 15
April 1-July 31 Common Bermuda 50
August 1-October 25 Lespedeza (unscarified) 30
German millet 40
�+ October 25- February 15 Rye (grain-temporary) 120
Soil Amendments
Lime: 2000 Ibs/acre or follow recommendations from a soil test.
Fertilizer: 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil
test
Mulch: All seeded areas shall be mulched using small grain straw at a rate of
2000 lbs/acre and anchored appropriately.
ar
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Page 15
r
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
r
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post-project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
This permit, issued June 19, 1984, renewed and modified May 1, 1995, modified May 7,
2003, October 10, 2003, and February 18, 2005, renewed and modified August 4, `r
2005, modified May 15, 2015, renewed and modified September 14, 2015 and modified
April11, 2016 and December 1, 2017, is hereby modified this 2"' day of July, 2017
pursuant to G.S. 74-52. r
By: rn z— Fos_
William E. Vinson, Jr. Interim Director r
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality
r
110

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