SPECIAL PROVISION Control of Materials

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1 2004 Specifications CSJ SPECIAL PROVISION Control of Materials For this project, Item 6, Control of Materials of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 6.10 Hazardous Materials is supplemented by the following: There may be areas of underground soil and groundwater contamination within the limits of this project. A Contractor Contingency Plan for Soil and Water Management Plan (SWMP) has been prepared for this project dated October Use the results and recommendations of this SWMP as guidelines for handling the potential petroleum contaminated areas that may be encountered during the construction of this project. A copy of this SWMP is available from the Texas Department of Transportation, Fort Bend Area Engineer Office, located at 4235 SH 36, Rosenberg, Texas 77471, (281)

2 CONTRACTOR CONTINGENCY PLAN FOR SOIL AND WATER MANAGEMENT US Highway 90A Corridor from west of US 59 to Brooks (Old Spur 58) Excavation/Construction Fort Bend County, Texas October

3 CONTRACTOR CONTINGENCY PLAN FOR SOIL AND WATER MANAGEMENT US Highway 90A Corridor from west of US 59 to Brooks (Old Spur 58) Fort Bend County, Texas TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION Overview Background and Purpose Regulatory Overview SOILS MANAGEMENT Areas of Known Impacted Soil All Other Areas WATER MANAGEMENT Groundwater

4 CONTRACTOR CONTINGENCY PLAN FOR SOIL AND WATER MANAGEMENT US Highway 90A from 0west of US 59 to Brooks (Old Spur 58) Fort Bend County, Texas LIST OF ACRONYMS AND ABBREVIATIONS bgs COC CP EC ESC PCL PID ppm ROW SWPPP TAC TCEQ TRRP TxDOT USEPA below ground surface Chemical of Concern Contractor Contingency Plan Environmental Consultant Environmental Specialty Contractor Protective Concentration Level photo-ionization device parts per million right-of-way Storm Water Pollution Prevention Plan Texas Administrative Code Texas Commission on Environmental Quality Texas Risk Reduction Program Texas Department of Transportation United States Environmental Protection Agency

5 1.0 INTRODUCTION 1.1 Overview This Contractor Contingency Plan (CP) for soil and water has been developed as part of a Contractor Bid Package and Engineering Cost Estimate in support of highway improvements along US Highway 90A. The improvements include construction of a US 90A bridge over Oyster Creek and roadway expansion and improvements along the US Highway 90A Corridor. This CP is designed to aid the Contractor in determining the appropriate course of action upon the discovery of previously unanticipated soil and water with potential impact by hazardous and/or regulated nonhazardous materials. The potential exists that unknown localized areas of impacted soil and groundwater are also present along the US Highway 90A Corridor. TxDOT s Environmental Consultant (EC) will be on-site during excavation of known areas of impacted soils and "on-call" during all other soil excavation activities. TxDOT intends to re-use as much of the excavated soil as possible as fill per TxDOT s 2004 Department Material Specifications, Item 6. Therefore, this CP ensures that soils and groundwater are properly managed during the construction while achieving the abovestated goals. Following award, a pre-construction meeting between TxDOT's EC and the general contractor will be held and will include discussion on plan and preparation for proper execution of the objectives of this CP. Special circumstances may dictate temporary or permanent changes or exceptions to this CP. Any changes or exceptions made in the field to this CP should be discussed with the Engineer-in-Charge or their designated field representative and fully documented by TxDOT's EC. 1.2 Background Recent subsurface soil and groundwater investigations were performed for those areas where TxDOT will be acquiring right-of-way (ROW) or where excavation will be greater than three feet below ground surface (bgs). The historical impact to soil and groundwater is petroleum in nature and is suspected to be from the operation of nearby auto fueling and fuel storage facilities. 1.3 Regulatory Overview TxDOT is not aware of any regulatory impediments to the implementation of this CP as written. The TRRP program in 30 Texas Administrative Code (TAC) allows the reuse of impacted soils under specific circumstances applicable to this construction project in a public roadway. The United States Environmental Protection Agency (USEPA) set a precedent in 1992 (Silvia K. Lowrance memorandum), acknowledging that Resource Conservation and Recovery Act (RCRA) requirements and responsibilities are not in force within an area subject to typical excavation on public roadways. These statutory and policy precedents exempt TxDOT from generator status for any soils or other materials produced within the management zones so long as impacted materials remain in the project site under the conditions specified by the CP

6 2.0 SOILS MANAGEMENT 2.1 Areas of Known Impacted Soil At this time, the only known area of impact is on Parcel 130. TxDOT estimates a maximum of 1,000 cubic yards of contaminated non-hazardous material on Parcel 130 will require off-site recycling. No contamination was found in soil on Parcel 130 above Construction Worker Safety Levels. 2.2 All Other Areas Localized unknown pockets of impacted soil may be encountered during excavation activities by the Contractor. The following procedures are designed to address these potential pockets of impacted soil. Excavation activities may include grading, trenching for utility construction, pier drilling for overpass construction and constructing detention ponds. To ensure proper management of encountered pockets of impacted soils, TxDOT s EC will be available on an on-call basis. Through the implementation of the Contractor s Health and Safety Plan, the Contractor will instruct their equipment operators to report areas of concern to TxDOT s construction inspector. TxDOT s construction inspector will be responsible for calling out the EC. Impacted materials will be handled under the provision found in 30 TAC Chapter 350 Texas Risk Reduction Program (TRRP). Those materials which do not exceed the TRRP Residential PCL for groundwater protection do not require special handling and may be re-used on-site. If the material does not exceed TRRP Residential PCL for groundwater protection and is surplus, the Contractor will excavate, load and haul the material to the nearest Southern Crushed Concrete yard. If the material exceeds TRRP Residential PCL for groundwater protection and is below Commercial/Industrial PCLs, the Contractor will excavate, load and haul the material to the nearest Southern Crushed Concrete yard. If the material is above the TRRP Commercial/Industrial PCLs, TxDOT s Environmental Specialty Contractor (ESC) will excavate, load and haul the material to the nearest Southern Crushed Concrete yard. Upon encountering an unknown pocket of suspected impacted soil, TxDOT s EC will perform field testing to determine the appropriate action to be taken by the Contractor. At suspect locations, TxDOT s EC will field screen soil using "Head Space Testing Methodology" and a photo-ionization detector (PID). If impact is detected in concentrations above the threshold level (50 parts per million [ppm] PID reading), TxDOT s ESC will be contacted to excavate the suspected impacted soils. During the excavation of the suspect soils, TxDOT s EC will field screen the excavation to determine when the extent of the impacted soil has been removed (PID readings below 50 ppm) and the Contractor can continue work in the area. In an effort to minimize the stockpiling of impacted soils on-site, TxDOT s ESC will load the impacted soil directly into trucks designated for recycle or disposal. In the event that the excavation and loading of impacted soil is impeding the project schedule, the soil from that area may be stockpiled in an area separate from soils that do not exhibit field-screening values above the threshold limit of 50 ppm on the PID for ultimate disposal or recycle. 3.0 WATER MANAGEMENT

7 The discharge procedures for handling rainwater that collects in both clean and impacted portions of the excavations will be covered in the Contractor s Stormwater Pollution Prevention Plan. This section of the CP describes the procedures that will be used by the Contractor to handle impacted groundwater that may be encountered during construction activities. 3.1 Groundwater Results of previous investigations indicate that groundwater is located approximately 7 feet below ground surface (bgs) in the vicinity of the proposed construction areas and is under confined to semi-confined conditions. Because the depth of the construction excavation is in places proposed to be deeper than 20 feet bgs, the potential exists for encountering impacted groundwater. Dewatering may be required during portions of the construction of this project. The Contractor will comply with TCEQ TPDES Construction General Permit TXR for groundwater discharge from construction dewatering. In the event that the Contractor suspects contaminated groundwater in the discharge stream, the Contractor will notify Engineer immediately, stop dewatering, and contact TxDOT ROW Environmental group at or TxDOT will determine the best course of action to handle and dispose the impacted groundwater