-1-
Submitted: Thursday  03-MAY-2018 11:48 AM  
Company: Pavement Maintenance Solutions  
Contact: Joe A Tamburelli  
I have a question on special provision # 16 Protection of Aquatic Resources. Can the excess chips be swept off the top of the road and placed in the same area of the shoulder gravel? 3e identifies a wetland between RP 2.3 and RP3.1. Do these chips need to be pickup or can they be left on the shoulder? What factor is used to determine where a aquatic resource starts and ends? Can we used the high water mark or another physical description? If areas are subjective can the mdt forces mark the perimeter of the areas to be protected? Can the loose chips stay on the shoulder or is from the toe of the slope to the road acceptable?
Answer
Submitted: Friday 04-MAY-2018 04:32 PM
Judgement regarding modified sweeping and brooming methods, or pick up and disposal of chips is required to ensure the environmental specifications in Section 208 and the applicable laws and regulations are met.  MDT suggests the contractor review the site(s) with the Project Manager or designee prior to seal coat application to assist in defining aquatic resource areas and appropriate methods to handle excess chips, if necessary.
 
Do not allow direct or indirect placement of cover material (chips) in aquatic resources.  In areas where aquatic resources exist adjacent to the roadway, casting chips on the shoulder could result in indirect placement in the resource.  Additionally, windrowing, or otherwise concentrating the material on the roadway shoulder or in-slope is prohibited.  Brooming of excess cover material must result in an evenly dispersed (de-minimus) distribution of the chips, and avoid placement in aquatic resources. 
 
Special Provision 16 requires that the contractor "Employ positive means, modified sweeping and brooming methods, or pickup and dispose of millings and chips to prevent placement of materials in aquatic resources."  The area between RP 2.3 and RP 3.1 is a large wetland complex associated with old meander scars of the Jefferson River.  Wetlands occur on both sides of the roadway and in very close proximity to the pavement due to limited shoulders and steep slopes.  MDT anticipates chips will have to be picked up and disposed of in some areas of this project to avoid direct or indirect placement of cover material in aquatic resources.
 
Wetlands do not have an "ordinary high water mark", like a waterbody might.  They have a boundary.  All chips are prohibited from entering the wetland boundary and/or the bed, banks, and channel of a waterbody.