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| 4.4. Construction
in and around Drainage Areas and Streams, Wetlands,
and Other Environmentally Sensitive Areas |
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Construction operations within existing drainageways
and the construction of drainage structures (e.g.
culverts, channels, and enclosed storm drain systems)
increase the potential for erosion from a construction
site. The major factors affecting erosion potential
are the increasing velocities and concentrating
of flows associated with construction of drainage
structures and the exposure of erodible soil to
frequent concentrated flow. The following list of
items should be considered when constructing drainage
features and operating within drainageways:
- Minimize the disturbance of and access to existing
waterways. Provide planned and protected stream
crossings during construction activities.
- When constructing cross drainage structures
in existing waterways, provide a controlled diversion
through the disturbed area as opposed to allowing
uncontrolled flow through the construction area.
This could be done by temporarily diverting the
existing stream through a channel made from sandbag
berms or even just protected with plastic sheathing.
Divert the stream until the permanent structure
is completed or partially completed (e.g. completing
one barrel or a multi-barrel culvert installation
and allowing the flow to cross through the partially
completed portion.)
- Appropriate coordination should be conducted
in accordance with Section 404 of the Clean Water
Act regarding the placement of fill material in
the Waters of the U.S. (including wetlands).
- Maximize the storage volume afforded in ditches,
etc. for use as temporary sediment traps or ponds
to contain sediment-laden runoff on the site.
- Prevent sediment-laden runoff from entering
the drainage system by installing controls at each
storm drain inlet and culvert entrance.
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| 4.4.1
Wetlands and Riparian Areas |
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Wetlands are defined as land that has the water
table at, near, or above the land surface, or which
is saturated for long enough periods to promote wetland
or aquatic processes. Wetlands include bogs, fens,
swamps, and marshes. Wetlands are valuable natural
resources providing habitat for a variety of wildlife
and plant species, both aquatic and terrestrial. Wetlands
and riparian areas make up a small percentage of total
land area in the United States, but are essential for
maintaining water quality and quantity, ground water
recharge, and dissipating stream energy. They also
provide tremendous community benefits not only to fish
and wildlife, but to people as well in the form of
fisheries, and recreation, along with other uses. Due
to their sensitivity, special attention is in order,
including the general pre-contract and pre-construction
practices for environmentally sensitive areas, which
are outlined in the following section.
Stewardship practices particular to wetlands may
include the following, taken from Nova Scotia Transportation & Public
Works Environmental Protection Plan for highways. This
list has the advantage of being able to be used as
a construction specification, if desired: [N]
Travel on wetlands shall be avoided wherever practical.
Access roads shall avoid all important wetlands where
possible.
Activities will be timed to coincide with low water
or frozen conditions, where practical.
Crossings will be restricted to a single location
and will occur perpendicular to and at a narrow point
on the wetland. Brush matting, swamp matting, ice bridges
and floatation tires on vehicles shall be used when
crossing as dictated by site conditions and the Project
Engineer.
Equipment shall be in good working order and free
of leaks. No equipment maintenance including fueling
shall be carried out within 30 m of a wetland.
Excavation in wetlands should be carried out from
a dry stable surface to minimize environmental impacts.
Excavate only what is absolutely necessary to meet
engineering requirements. Excavated material shall
not be sidecast in the wetland unless permitted, or
for beneficial environmental purposes.
In wetlands associated with sensitive water crossings,
grubbing shall be minimized by the placement of geogrid
and geotextile prior to the placement of fill.
Vegetation will be retained where possible to provide
wildlife habitat. 
Where applicable, no work near wetlands will be scheduled
during the wildlife's breeding season.
Excavated wetland material shall be retained for
placement in the median or along the ROW to improve
seeding success. Material may be stored at locations
specified by the Project Engineer or applied directly
to designated areas to a minimum thickness of 100 mm
(± 25 mm). Note that wetland material typically
has a very high organic matter content that may require
further mixing with inorganic soils prior to spreading.
Excavated material shall be replaced with approved
fill material as soon as possible to minimize sloughing,
over excavation and generation of sediment.
The fill material shall be clean, coarse fill material
with less than 10 percent fines to minimize the generation
of sediment and to promote drainage.
Water control shall be maintained at all times. Water
removed from the excavation shall be pumped to an approved
sediment control measure (e.g., settling pond, adjacent
vegetated area or filter bag). 
Ditches shall not drain directly to wetlands. Flows
must be directed away from wetlands by take-off ditches
for dissipation through adjacent vegetated areas.
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| 4.4.2
Vegetation Protection |
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Protection of vegetation is a particularly important
part of construction activities near or in streams,
wetlands and environmentally sensitive areas. Consequently,
environmental stewardship practices such as the following
should be employed:
Avoid native vegetation removal and disturbance on
streambanks unless absolutely necessary. 
Maintain a vegetated buffer strip between the work
site and watercourse except at the actual crossing
location.
Mark large trees, where present, with colored and
labeled flagging to ensure that the field crew understands
what is to be cut and what is to remain and be protected
from damage. 
Temporary barriers to protect existing trees, plants,
and root zone should be provided, if necessary. 
Trees and other vegetation should not be removed,
injured, or destroyed without prior written approval.
Ropes, cables, or fencing should not be fastened
to trees.
Clear vegetation from unstable or erodible banks
by hand instead of using heavy machinery.
Remove undesirable plant species such as nonnative
and invasive species that might threaten the survival
of targeted species.
Retain as much understory brush and as many trees
as feasible, emphasizing shade producing and bank stabilizing
vegetation.
Minimize soil compaction by using equipment types
such as wide track or rubber tired with a greater reach
or that exerts less pressure per square inch on the
ground, resulting in less overall area disturbed or
less compaction of disturbed areas.
Decompact disturbed soils where needed prior to revegetation.
Heavy equipment may use various routes to
reduce severe compaction in any one area.
Conversely, using fewer haul routes may result in
less overall compaction.
After use, haul routes may be ripped or subsoiled
to reduce compaction and promote infiltration.
If riparian vegetation is to be removed with chainsaws,
consider using saws currently available that operate
with vegetable-based bar oil.
Revegetate disturbed and decompacted areas with
locally adapted native species that comprise a diverse
community of woody and herbaceous species where practical
and appropriate. Use of species that grow extensive
root networks quickly should be emphasized. Sterile,
non-native hybrids may be used for erosion control
in the short term if planted in conjunction with native
species.
Allow at least four weeks of growing season when
using seeding to stabilize erodible soils.
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| 4.4.3
Fish & Wildlife Protection |
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Highway planning and design attempt to avoid all
sensitive wildlife habitat, where possible. General
protection measures that apply during construction
may include the following specifications. Specific
measures for wildlife should be discussed with your
state Department of Natural Resources (DNR) for non-federally
listed wildlife and with the U.S. Fish and Wildlife
Service for wildlife listed as threatened or endangered
under the Endangered Species Act. Typically, a DOT
biologist or wildlife specialist can be consulted and
take the lead in such matters. On construction sites,
the following stipulations may be employed, or suggested
for use in discussions with resource agency staff:
[N]
DOT employees and Contractor employees and agents
shall not interfere with wildlife and shall not carry
firearms within the ROW.
Where important wildlife species are encountered
impacts shall be minimized by avoiding noisy, disruptive
activities during sensitive wildlife periods (e.g.,
March to June for Bald eagles) or as specified in permit
conditions.
All refuse shall be disposed of at an approved landfill
facility. Refuse stored on site prior to removal shall
be stored in closed containers.
Report any nuisance wildlife to the Project Engineer
or directly to the environmental specialist or the
local DNR office.
The Contractor shall consult with the Regional Wildlife
Biologist to determine appropriate measures for removing
beaver dams and/or nuisance beavers.
Fish passage design practices are detailed in Chapter
3, Designing for Environmental Stewardship in Construction;
however, the following practices are important to review
and implement during construction:
- Disturbance of the bed and banks should be limited
to disturbance necessary to place the culvert, embankment
protection and any required channel modification associated
with the installation.

- The banks should be revegetated within one year
with native or other approved woody plant species.
Live stakes should be planted at a maximum interval
of three feet (on center) and maintained as necessary
to ensure 80 percent survival.
- Approved structures should be constructed in the
dry whenever possible.
Where significant live flow exists, isolation of
the construction site from stream flow should be accomplished
by techniques appropriate to local and site conditions
such as jersey barriers, sheet piles, cofferdams, etc.
Any wastewater from project activities and dewatering
should be routed to an area outside the ordinary high
water line in a location that will not drain directly
into any stream channel, to allow settling of fine
sediments and other contaminants prior to being discharged
back into the subject stream.
Use of species that grow extensive root networks
quickly should be emphasized.
Sterile, non-native hybrids may be used for erosion
control in the short term if planted in conjunction
with native species.
If target species are likely to be present, fish
clearing or salvage operations should be conducted
by qualified personnel prior to construction. If these
fish are listed as threatened or endangered under the
federal or state Endangered Species Act, consult with
FWS, NMFS, and/or state biologists to gain authorization
for these activities. Care should be taken to ensure
fish are not chased up under banks or logs that will
be removed or dislocated by construction. Return any
stranded fish to a suitable location in a nearby live
stream by a method that does not require handling of
the fish.
If pumps are used to temporarily divert a stream
to facilitate construction, an acceptable fish screen
should be used to prevent entrainment or impingement
of small fish.
Migratory Birds, including
Bald Eagles
Again, specific measures for wildlife should be discussed
with your state Department of Natural Resources (DNR)
for non-federally listed wildlife and with the U.S.
Fish and Wildlife Service for wildlife listed as threatened
or endangered under the Endangered Species Act. Typically,
a DOT biologist or wildlife specialist can be consulted
and take the lead in such matters. On construction
sites, the following stipulations may be employed,
or suggested for use in discussions with resource agency
staff: [N]
No one shall disturb, move or destroy migratory bird
nests. If a nest or young birds are encountered, the
Contractor shall cease work in the immediate area of
the nest and contact the environmental specialist and
the Project Engineer.
Should a bald eagle nest be identified, the following
approach shall be followed: (note, such time stipulations
and specific practices should be discussed with your
DOT's environmental specialist, who can coordinate
with the appropriate agencies)
- Within 200 m of a nest, avoid activities that result
in significant landscape changes.
- Within 400 m of a nest, activity is permitted except
during the most critical period, usually between March
and mid-May.
Where bald eagle nests have been identified prior
to construction:
- Communication will be undertaken with the contractor
to promote awareness of nest locations and protection
requirements.

- Avoidance of noise disturbance in this area during
the breeding period from March to June.
- Blasting will be avoided adjacent to this habitat
between March and June.
- Setbacks from the area restricting machinery access
will be established and clearly marked in the field
- The amount of trees cleared in this area will be
minimized.
Removal of Beaver Dams
As beavers are inclined to rebuild, beavers may need
to be relocated if the intention is to permanently
disassemble their dams. However, if a beaver dam must
be removed, the following measures may be followed
to safely remove the dam and minimize the impact of
beaver dam removal on aquatic resources due to loss
of pool/pond habitat and the discharge of excessive
amounts of sediment and water.
Prior to proceeding with removal or modification
of beaver dams and associated activities (e.g. dewatering,
excavation, sediment removal, debris disposal, installation
of water control structure or culvert guard, trapping,
etc.), contact DOT environmental specialist for assistance
and/or permit advice if watercourses or wetlands will
be affected.
- The removal of the beaver dam or culvert should
be limited to the debris in the structure. The original
watercourse bed and bank material may not be removed
or disturbed.

- Drainage of the ponds should, if possible, take
place between June 1 and September 15, when water
is at lower flow levels.

Impounded water will be released over an extended
period so as to minimize silt flushing from the impounded
area and reduce channel erosion downstream due to the
increased discharge and water velocities.
The pond can be drained by pumping down or siphoning
to reduce potential for resuspension of sediment.
A good maximum allowable depth of water spilling
over the structure at the drainage point is 10 cm (4
inches). The width of the opening should be no greater
than the width of the watercourse downstream of the
dam until the pond has been drained.
When dismantling beaver dams, the majority of the
work should be performed using hand tools; remove only
enough debris to start running the flow of water under
controlled discharge.
If using machinery, only diesel powered cabled winches
(not electrical) should be used to remove debris from
dams and pipes.
All debris removed from the beaver dam will be placed
at a location above the high water mark so as not to
re-enter the stream.
If it is intended to remove accumulated sediment
or organic material from a beaver pond area after a
dam has been breached, this material should be allowed
sufficient time to completely dry before it is removed.
All appropriate permits for fill removal and working
near a watercourse must be obtained for such a removal
project.
In a location where it is impossible to eliminate
dams, control the level of water by constructing and
installing a temporary structure using water level
control pipes.
For a small to medium sized culvert in locations
where dams are totally dismantled, install culvert
protectors which can be easily removed if the beaver
rebuilds his dam.
In situations where a culvert must remain open to
prevent road washouts during flood conditions, but
a beaver pond is acceptable, a culvert guard can be
constructed.
The excavation of sediment from the former pond site
should be conducted in a manner to ensure that suspended
sediment and organic matter do not re-enter the watercourse.
If possible, defer the removal of the nuisance beaver(s)
until a beaver trapping season is in effect.
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| 4.4.4
Stewardship Considerations to Avoid Watercourse Contamination |
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Prevent vehicle fuels and fluids from contaminating
the watercourse.
Refuel machinery at locations well removed from the
watercourse (recommended minimum 100 m or 300 ft. separation)
Wash and service vehicles and machinery at locations
well removed from the watercourse.
Use bio-friendly hydraulic fluids in equipment operating
in or adjacent to watercourse.
Store fuel, lubricants, hydraulic fluid and other
potentially toxic materials at locations well removed
from the watercourse.
Isolate storage areas so that spilled fluids cannot
enter the watercourse.
Prepare a spill contingency plan.
Ensure operators have spill clean-up supplies on
site and are knowledgeable in their proper use and
deployment.
Report all spills. In the event of a spill, operators
must immediately cease work, start clean-up, and notify
the appropriate authorities.
Perform in-stream work in low flow conditions, to
the maximum extent practicable.
Prevent any construction debris from falling into
the stream channel. Any material that does fall into
a stream during construction should be immediately
removed in a manner that has minimal impact to the
streambed and water quality.
As appropriate, the construction should occur from
the bank, or on a temporary pad underlain with filter
fabric.
Temporary fill must be removed in its entirety prior
to close of work-window.
Begin reclamation and site cleanup as soon as construction
has been completed. Remove all waste material from
the active floodplain as well as all temporary facilities
and structures.
Recontour, stabilize, and revegetate disturbed areas
to suit original conditions; it is especially important
to stabilize all slopes leading directly to the watercourse.
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| 4.4.5
State Resources and Fact Sheets for Stream Crossings |
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States have developed the following fact sheets
outlining environmental stewardship practices with
respect to stream crossings:
Ford
Crossing, MD
Temporary
Fording, NCDOT, p. 97
Utility
Crossing, MD
Small
Bridge Installation, MD
Temporary
Access Bridge, MD
Temporary
Access Bridge, NCDOT, p. 101
Temporary
Stream Crossings, Caltrans
Temporary
Piped Crossing, NCDOT, p. 99
Cofferdams ,
Alberta Transportation
Instream
Silt Barriers , Alberta Transportation
Sensitive
Area Isolation , Alberta Transportation
The Maryland Department of the Environment developed
the following Temporary Instream Construction Measures
and Guidance as part of its Waterway Construction Guidelines.
Each fact sheet contains descriptions, effective uses
and limitations, installation guidelines, and drawings.
[N]
Ford
Crossing
Utility
Crossing
Culvert
Installation
Multi-Cell
Culverts
Depressed
Culverts
Culvert
Baffles
Small
Bridge Installation
Temporary
Access Bridge
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| 4.4.6
Erosion Control in Environmentally Sensitive Areas |
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Erosion control receives particular attention
in environmentally sensitive areas. Properly chosen,
installed, and maintained sediment control measures
can provide a significant degree of filtration for
sediment-bearing runoff. For further detail on erosion
control stewardship practice, see the section of this
document on Erosion and Sedimentation Control, and
the related section on Bioengineering, in Chapter 3,
Designing for Environmental Stewardship in Construction & Maintenance:
Use environmentally sensitive bank and erosion control
measures or bioengineered designs.
Develop erosion and sediment control plans and install
sediment control measures before starting work.
Minimize the length of time that unstable erodible
soils are exposed.
Isolate the construction area from flowing water
until project materials are installed and erosion protection
is in place.
Erosion control measures should be in place at all
times during construction.
Do not start construction until all temporary control
devices are in place downslope or downstream of project
site.
Stockpile topsoil removed from the right-of-way outside
of the active floodplain and use measures to prevent
stockpile runoff from entering the watercourse. Use
erosion controls to protect and stabilize stockpiles
and exposed soils to prevent movement of materials.
Direct runoff containing sediment away from the stream
into a vegetated area.
Construct suitably sized settling ponds to precipitate
suspended sediment before water is discharged into
the watercourse. See
Chapter 4.5 Erosion and Sediment Control for more information.
Stabilize erodible soils as soon as practical by
seeding, spreading mulch or installing erosion control
blankets.
Inspect erosion and sediment control measures regularly
and make necessary repairs immediately after damage
has been discovered.
Maintain a supply of erosion control materials onsite,
to facilitate a quick response to unanticipated storm
events or emergencies.
When needed, utilize instream grade control structures
to control channel scour, sediment routing, and headwall
cutting.
To divert flowing water away from in-stream or streambank
construction activity, where equipment access is available,
place jersey barrier wrapped in plastic and reinforced
with woven geotextile gravel-filled bags to prevent
seepage at base.
To prevent the unintentional introduction of aquatic
invasive animal species, such as zebra mussel, all
water used for bridge washing shall be from the same
stream or a public water supply source. See NYSDOT EPM
Chapter 4.8.4- Invasive Species Control Practices for
Maintenance and Construction:
To divert flowing water away from in-stream or streambank
construction activity, where equipment access is not
available, erect a temporary dam using prefabricated
steel frame covered with waterproof fabric material
reinforced with woven geotextile gravel-filled bags
along base to prevent seepage.
Whenever working in or near streams, wetlands, storm
drains, or ditches; require vehicles and heavy
equipment to carry a spill kit to contain and clean-up
petroleum product spills. Spill kits contain absorbent
materials, booms, culvert plugs and putty, etc. and
prominently display the state spill report hotline
phone number on the outside. Each kit is about the
size of a small suitcase and costs about $75.00 depending
on materials selected.
Whenever working in or near streams, to prevent the
unintentional introduction of invasive plant species
through contaminated soil, all heavy construction equipment
shall be cleaned to remove soil and plant parts from
the bucket and tracks prior to arrival on-site. See
USDA's ‘Vehicle Cleaning Technology for Controlling
the Spread of Noxious Weeds and Invasive Species' and
Chapter 4.1 of the NYSDOT Environmental Handbook for
Transportation Operations.
Whenever working
in or near streams, to prevent the unintentional introduction
of invasive plant species, when restoring disturbed
areas, do not use hay mulch. Use mulch from straw,
wood fiber or paper.
To protect
sensitive aquatic habitats, when removing small stands
of invasive Japanese knotweed or phragmites, cut the
stems by hand and inject herbicide into basil stem
with hand syringe. Cut plant stems should be composted
or disposed by burial or landfilling. See NYSDOT EPM
Chapter 4.8.4- Invasive Species Control Practices for
Maintenance and Construction:
Bridges scheduled for rehabilitation or removal
should be inspected for bird nesting activity prior
to commencing any washing, painting, rehabilitation
or construction activity. If the nest(s) is determined
to be occupied, avoid disturbing, damaging or removing
the nest until the young are fledged (leave the nest.)
At no time should large nests of hawks, falcons or
eagles be destroyed, as these species return to the
same nest site year after year and reuse the same nest.
Methods of preventing migratory bird nest construction,
such as the use of tarpaulins installed before the
beginning of nesting activity, should be considered
in order to avoid construction or contract delays.
If this method is used, tarps must be secured tightly
so as to prevent entry into the underside of the bridge,
and must not have any gaps, holes, or tears that would
allow entry.
To reduce potential flood damage to culvert and roadways
due to beaver activities, installing bypass pipes (Water
Level Control Devices, a.k.a. ‘WLCD's') through
existing beaver dams and deep water fencing offer potential
solutions. If persistent damage continues, trapping
may be required in conjunction with the above mentioned
practices. See Appendix
S: Beaver Damage of the NYSDOT Guidance for the Adirondack
Park: 
Driving live stakes deep into saturated soil in stream
bank stabilization material (i.e.: riprap armor) increases
the survivability and root development of the live
stake vegetation, further stabilizing the slope in
conjunction with mechanical means. Providing a spud
hole, driving stake with a soft-blow hammer and cleanly
trimming off top portion of the stake will increase
the live stake survival.
Removing/ treating priority invasives and noxious
species prior to stream access construction will reduce
fragments entering water and aid in reducing the spread
of invasives downstream.
Where other practices are not appropriate, careful
planning should be considered in the placement of filtration
bags used to treat turbid water, in regards to ease
of disposal and minimizing risk of impacts from accidental
breakage. The filtration bags could either be placed
in a location where they can be buried in place when
full or they can be placed within a harness or on a
platform, dump truck, flatbed trailer, etc. that can
be easily picked up later without puncturing the bag.
Filtration bags shouldn't be placed in/near stream
channels where a bag failure would discharge lots of
sediment.
With more efficient equipment, agencies and contractors
face a greater risk of causing inadvertent environmental
damage. Work practice training for streams and wetlands
is a high priority. It consumes time and funding, yet
such costs are reasonable compared to time and funding
consumed if an agency violates mandates. The New York
State Department of Transportation has a corps of Equipment
Operator Instructors who instruct equipment users on
proper operation and may address environmental considerations
while working near streams. The Department partners
with regulatory agencies, universities, environmental
groups and nationally known experts (i.e.: Dave Derrick
for stream restoration) for instruction on minimizing
environmental impacts to wetlands and streams - - and
enhancing such resources. |
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