MnDOT Design-Build Program
Federal Project No. [insert #]
4
ENVIRONMENTAL COMPLIANCE
4.1
General
Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
This Section describes the environmental compliance requirements for permitting, erosion and sediment
control, cultural resources, floodplains, contaminated materials, regulated materials, groundwater, noise, air
quality, water quality and quantity, waters and wetlands, and wildlife, except as otherwise specifically stated
herein.
4.2
Administrative Requirements
4.2.1
Standards
In the event of a conflict between the standards set forth in Book 3 the order of priority shall be as set forth
below unless otherwise specified:
4.2.1.1
General
 Exhibit 4–B Governing Environmental Documents
 MnDOT Special Provisions
 MnDOT Technical Memoranda
 MnDOT Standard Specifications for Construction
 MnDOT Road Design Manual
 MnDOT Drainage Manual
 MnDOT Geotechnical Manual
 MnDOT Pavement Manual
 MnDOT Pavement Manual Draft
 MnDOT Standard Plans Manual
 MnDOT Standard Plates Manual
 U.S. Army Corps of Engineers Wetlands Delineation Manual
 DNR Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001
 MnDOT District Turf Establishment Recommendations
 Remaining standards set forth in Book 3
4.2.1.2
Contaminated Materials
 MnDOT Special Provisions
 MnDOT Technical Memoranda
 Response Action Plan (RAP)
 MnDOT Standard Specifications for Construction
 MnDOT Regulated Materials/Waste
(http://dotapp7.dot.state.mn.us/edms/download?docId=614362,
http://www.dot.state.mn.us/environment/regulatedmaterials/paintremoval.html,
http://www.dot.state.mn.us/environment/buildingbridge/index.html)
 Remaining standards set forth in Book 3
4.2.1.3
Soil Erosion
 MnDOT Special Provisions
RFP
Environmental Compliance
4-1
MnDOT Design-Build Program
Federal Project No. [insert #]
Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
 MnDOT Technical Memoranda
 MnDOT Standard Specifications for Construction
 MnDOT Erosion & Sediment Control Design Guidance
 MnDOT Road Design Manual
 MnDOT Drainage Manual
 Remaining standards set forth in Book 3
4.2.2
Environmental Personnel and Training
Designate an Environmental Team led by the Contract Environmental Compliance Officer (CECO) who
shall communicate directly with the MnDOT Environmental Compliance Manager (ECM). At a minimum,
the Environmental Team shall include those persons responsible for permitting, ensuring environmental
commitments are met, conducting environmental protection training, monitoring and tracking environmental
compliance, implementing and maintaining erosion and sediment control, and properly managing
contaminated and regulated materials. Submit work products completed by the Environmental Team to the
MnDOT ECM for Acceptance. Unless otherwise allowed by MnDOT, all communications with the
environmental regulatory agencies (e.g., Minnesota Pollution Control Agency [MPCA], Minnesota
Department of Health [MDH], Minnesota Department of Natural Resources [DNR], Federal Environmental
Protection Agency [EPA], Corp of Engineers, Watershed Districts and Watershed Organizations, State
Historic Preservation Office [SHPO]) will be conducted by the MnDOT ECM. Unless otherwise designated,
all specialists, supervisors, designers, and other environmental personnel identified with this Section 4.2.2
shall report directly to the CECO. A list of environmental personnel with their qualifications shall be
submitted to MnDOT for Approval prior to Notice to Proceed 2 (NTP2). Environmental personnel may serve
more than one of the following roles if the person meets all of the qualifications.
4.2.2.1
Permitting Specialist
The Permitting Specialist shall supervise the work necessary to acquire any permits required for the Project
that were not included in the Request for Proposal (RFP), including permits that must be modified as a result
of the Work or changes to permit requirements. The Permitting Specialist shall supervise the work necessary
to develop all permit applications, drawings, correspondence, and Environmental Management Plans. This
work will include assembling a permit application package as required by each permitting agency.
The Permitting Specialist shall also ensure that the Contractor is complying with all requirements of the
permits. The status of permit applications and permit compliance shall be reported in each Environmental
Monitoring Report.
4.2.2.2
Storm Water Pollution Prevention Plan Designer
The Storm Water Pollution Prevention Plan (SWPPP) Designer shall be responsible for preparation of the
SWPPP that is in compliance with the NPDES Construction General permit and any watershed permits.
4.2.3
Meeting Requirements
4.2.3.1
Environmental Protection Training
Design and implement an environmental protection training program for all of the employees and
Subcontractors (including truck drivers and equipment operators). Every employee of the Contractor who
works on the Project (management through workers, including each new employee who begins work after
Project commencement) and all of the Contractor’s Subcontractors shall participate in the program.
The training program shall be conducted by the environmental personnel identified in Section 4.2.2 and shall,
at a minimum, orient employees and Subcontractors to the following:
 Overall importance of environmental issues in achieving a successful project
 Permit, approval, and agreement requirements of the Project
RFP
Environmental Compliance
4-2
MnDOT Design-Build Program
Federal Project No. [insert #]
Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
 Environmental sensitivities of the Project (e.g., resources/areas to be protected/avoided,
commitments made to coordinate work with others, other mitigation commitments)
 Erosion and sediment control procedures in accordance with the SWPPP, including the functions
and proper installation of Best Management Practices (BMP)
 Proper procedures for spill containment, including the location of spill mitigation equipment
 Proper and safe handling of contaminated soil and groundwater and regulated materials
 Procedures for addressing unanticipated contaminated, regulated, and Hazardous Materials
 Practical and effective procedures for construction noise mitigation
MnDOT staff will provide assistance regarding clarification and understanding of MnDOT’s environmental
goals and policies.
Develop a training schedule for implementation of the environmental protection training program. The
training schedule shall include training sessions at key times (e.g., prior to construction in sensitive areas or
construction timing restrictions to protect threatened and endangered species) to update workers on specific
restrictions, conditions, concerns, or requirements.
Submit training program and schedule to MnDOT for review.
4.2.4
Equipment/Software
4.2.5
Permits/Authorizations
4.2.5.1
Environmental Documents
MnDOT and Contractor commitments are outlined throughout this Section. Exhibit 4-A may or may not
contain all commitments required for the Project.
Review the governing environmental documents to determine all commitments required for this Project.
4.2.5.2
Permits
All permits that MnDOT is acquiring are anticipated to be complete prior to Notice to Proceed 1 (NTP1).
Copies of those permits or permit applications are included in Exhibit 4-B. Obtain all other permits required
for the Project, including permits that may not be listed here. Permits that must be modified as a result of the
Contractor’s Work shall be the responsibility of the Contractor and will not be reimbursed by MnDOT. The
CECO shall provide MnDOT with copies of all permit applications, drawings, correspondence, and
Environmental Management Plans for review prior to submittal for review by permitting agency.
MnDOT has entered into a Memorandum of Understanding (MOU) with the Minnesota Pollution Control
Agency that describes the process for obtaining NPDES General Construction permit coverage on a DesignBuild project. The MOU is provided as Exhibit 4-F. MnDOT has prepared a preliminary SWPPP and it has
been approved by the MPCA. Include the MPCA approval letter and updated SWPPP with the NPDES
General Permit Application when sending to the MPCA. Follow the process outlined in Exhibit 4-F for each
stage/phase of construction. Have an approved NPDES permit and updated SWPPP prior to construction on
any particular phase.
Comply with the requirements of all permits. For permits or amendments to permits that are the
responsibility of the Contractor, the CECO shall assemble a permit application package as required by each
permitting agency.
The following table identifies known environmental and water resources permits required for the Project.
RFP
Environmental Compliance
4-3
MnDOT Design-Build Program
Federal Project No. [insert #]
Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
Table 4-1. Environmental and Water Resource Regulatory Obligations
Government Agency
Permit
Permit Status
Watershed Districts
Watershed permit #
Contractor to complete
Watershed Management
Organization(s)
Coordination of their requirements
Contractor to coordinate
Water Appropriation Permit (if necessary)
Contractor to complete
MnDOT submitted
Temporary Letter of Occupancy—Public
Waters Permit
Contractor to complete
National Pollutant Discharge Elimination
System (NPDES) Preliminary SWPPP
MnDOT to submit
NPDES—Permit and SWPPP for each
construction phase
Contractor to complete
Application for General Stormwater
NPDES Permit for Construction Activity
(MN R100001)
MnDOT has submitted
initial application.
Contractor to complete
provided draft and acquire
permit
Notice of Termination of General
Stormwater NPDES Permit for
Construction Activity
Contractor to complete
when construction is
complete
Dredge Material Management Permit
Contractor to complete
Discharge of Contaminated Ground Water
to Surface Water (as necessary)
Contractor to complete
Noise Standards Exemption
Contractor to complete
Section 401 of the Clean Water Act
Contractor to complete
Minnesota State Historic
Preservation Office
Section 106 Consultation
MnDOT acquired
Minnesota Department of
Health
Well Sealing Notification
Plan review and approval for any
watermain construction
Contractor to complete
MnDOT
Wetland Conservation Act (WCA)
MnDOT acquired
Local
State
Minnesota Department of
Natural Resources
Minnesota Pollution Control
Agency
Federal
RFP
Environmental Compliance
4-4
MnDOT Design-Build Program
Federal Project No. [insert #]
Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
Government Agency
Permit
Permit Status
FAA
Submittal of Forms 7460-1 and 7460-2,
Part II
MnDOT acquired
U.S. Army Corps of Engineers
Section 10/404 Permit
MnDOT is currently
acquiring
Contractor to resubmit and
acquire if modifications
are made
U.S. Coast Guard
Section 9 of Rivers and Harbor Act
MnDOT acquired
U.S. Fish and Wildlife Service
Biological Opinion
Programmatic Bald Eagle Agreement
MnDOT acquired
4.3
Design Requirements
4.3.1
General
4.3.1.1
Known Contaminated Properties and Materials
The following contaminated materials/areas have been identified from the ongoing Phase II investigations:
 [identified materials/areas]
Known Regulated Materials on structures or within buildings are presented in Section 4.3.3.1 (Asbestos
Containing Materials and Regulated Waste).
4.3.1.2
Known Contaminated Materials Compensation
Excavation, hauling, stockpiling, handling, testing, treatment, and disposal of known Contaminated Materials
are not eligible for extension of any Completion Deadline. Excavation of known Contaminated Materials that
are within the Contractor’s planned excavation limit shall be included in the Contract Price and shall not be
eligible for an extension of any Completion Deadline. On-site incorporation of known Contaminated
Materials and unknown Contaminated Materials placed directly from the excavation process shall be
included in the Contract Price.
MnDOT will provide a laboratory sample analysis turnaround time of five Days. If the Contractor elects to
obtain analytical data in a shorter turnaround time, the difference in cost shall be the Contractor’s
responsibility.
Submit a Request for Change Order to increase the Contract Price for MnDOT directed temporary
stockpiling or MnDOT directed off-site disposal of known Contaminated Materials and unknown
Contaminated Materials located within the Project limits, if desired. Hauling of known Contaminated
Materials and unknown Contaminated Materials to or from the stockpile areas will be eligible for an increase
in Contract Price only to the extent the haul distance increases over the Contractor’s original plan. Provide
proof of haul distance increases.
Submit a Request for Change Order to increase the Contract Price for stockpiling and re-use of Contaminated
Materials and contaminated soil and costs relative thereto, if desired. Hauling Contaminated Materials to or
from the stockpile areas will be eligible for an increase in Contract Price only to the extent the haul distance
increases over the Contractor’s original plan.
Include all costs for discharging groundwater to sewer systems in the Contract Price. The Contractor may
submit a Request for Change Order to increase the Contract Price for costs related to treating contaminated
RFP
Environmental Compliance
4-5
MnDOT Design-Build Program
Federal Project No. [insert #]
Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
groundwater using a portable groundwater treatment system. Groundwater treatment to remove sediment
prior to discharge shall be included in the Contract Price.
MnDOT will provide a laboratory sample analysis turnaround time of five Days. If the Contractor elects to
obtain analytical data in a shorter turnaround time, the difference in cost shall be the Contractor’s
responsibility.
4.3.1.3
Unknown Contaminated Materials Compensation
In the event on-site observations during construction indicate Contaminated Materials (such as solid waste,
including demolition debris, containers, or free product) or contaminated soil based on Photo Ionization
Detector (PID) readings above background, visual staining, or olfactory evidence or groundwater (free
product) that have not been identified previously, immediately notify the MnDOT ECM and follow the
requirements in DBS-1717.1 (Air, Land, and Water Pollution) and Exhibit 4-A.
4.3.2
Investigations/Supplemental Work
4.3.2.1
Water Use - Wells
Prior to the start of construction, locate all wells within the Project construction limits, including active and
inactive potable and non-potable wells, piezometers, abandoned wells, and monitoring wells. Submit a
written report to MnDOT identifying the well locations with unique identification numbers, type of well,
size, and depth, along with recommendations for sealing or protecting the wells.
Seal wells upon written notification from MnDOT. The wells shall be sealed by a contractor licensed by the
Minnesota Department of Health in accordance with the “Water Well Construction Code,” Minnesota Rules,
Chapter 4725. The CECO shall work with the MnDOT ECM and the Minnesota Department of Health to
obtain permits for the well sealing.
If additional wells are identified in the construction limits during construction, identify ownership and
coordinate and protect or seal the wells according to Minnesota Department of Health standards, as
Approved by MnDOT. For any wells that must remain in place during construction (typically monitoring
wells), protect the wells and conduct all activities in a manner that does not damage or jeopardize the wells.
Replace or repair wells damaged by the Contractor.
4.3.3
Design Criteria
4.3.3.1
Asbestos Containing Materials and Regulated Waste
The following asbestos containing materials and regulated wastes were identified on Bridge #[bridge(s)
identification]:
 Asbestos Containing Material
 PCB Caulk
 Lead Plates
 Treated Wood
 Mercury Containing Lamps
 PCB Electronics
4.3.3.2
Physical Impacts on Water Resources
Avoid and minimize impacts to the wetland limits as described in Exhibit 4-E and waters of the State
associated with permanent and temporary placement of fill, excavation, or other activities.
Install environmental fencing around all delineated wetlands.
RFP
Environmental Compliance
4-6
MnDOT Design-Build Program
Federal Project No. [insert #]
Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
As part of the As-Built Documents, prepare a Final Wetland Impact Plan, which is an as-built grading plan
showing actual wetland impacts for Work areas affecting wetlands. Show final as-built contours with 1-foot
intervals, actual wetland impact boundaries, and wetland impact boundaries shown in permit documents.
Quantify any difference between permitted wetland impacts and actual wetland impacts, list in table format
by location, and label on the plan. Also provide MnDOT ECM with a temporary and permanent wetland
impact table.
Amend the permits and provide mitigation for Wetland impacts exceeding those identified in permits.
Comply with applicable permitting and regulatory requirements for any dewatering activities associated with
Project construction.
4.3.3.3
Water-Related Land Use Management
Locate, coordinate, and design acceptable floodplain mitigation and secure all necessary approvals related to
floodplain encroachment, including FEMA approvals. Provide all Conditional Letters of Map Revision
(CLOMR), Letters of Map Revision (LOMR), Conditional Letters of Map Amendment (CLOMA), and
Letters of Map Amendment (LOMA) necessary for FEMA approval.
For all floodplains designated by FEMA as Zone A (Approximate Method), there is no need to involve
FEMA. Follow the State permitting process and send a courtesy notification to the DNR Floodplain Mapping
Hydrologist. Floodplains designated by FEMA as Zone AE are detailed study areas and FEMA procedures
shall be followed.
Minimize modifications to the in-place road fill and file a LOMR at the end of the Project to satisfy DNR
requirements for impacting a floodway boundary.
Provide all necessary floodplain modeling and wetland documentation to complete the permitting process
with the regulatory agencies (such as the U.S. Army Corps of Engineers, DNR, and governing watershed
districts) for floodplain and wetland encroachment and mitigation prior to issuing Released for Construction
Documents.
Perform hydraulic modeling for the staging scenario that places the most fill, both temporary and permanent,
at any one point in time in the floodway. The CECO shall apply for required permits. All proposed
temporary structures such as causeways and cofferdams must be included in the model.
Ensure that the Project does not increase the 100-year flood elevation for the permanent condition.
4.3.3.4
Erosion and Sedimentation
Complete, pay for, and submit the NPDES Permit prior to NTP1 using the preliminary SWPPP provided by
MnDOT.
Develop a SWPPP amendment for each construction phase and update the SWPPP as the Project develops or
significant changes in the Project design occur. The SWPPP for each construction phase shall be Approved
prior to obtaining Release for Construction approval from MnDOT.
Use BMPs for the design of mitigation measures for erosion and sedimentation control. Use both temporary
and permanent erosion and sediment control measures. Use temporary measures during construction and
permanent measures for the long-term stabilization of disturbed areas.
Maintain all permanent and temporary controls as indicated in the SWPPP. When the maintenance of these
facilities does not satisfy the regulatory agencies or the MnDOT ECM, implement a corrective or restorative
action within 24 hours or prior to the next significant storm event, whichever occurs first.
Provide temporary and Permanent Erosion Control Measures continuously on road embankment side slopes,
ditches, and other erosion-susceptible drainage areas draining directly into natural receiving bodies of water.
4.3.3.5
Water Quality
Follow requirements of MPCA, Watershed District, Watershed Management Organization, and MnDOT.
RFP
Environmental Compliance
4-7
MnDOT Design-Build Program
Federal Project No. [insert #]
4.3.3.6
Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
Solid Wastes, Hazardous Wastes, Storage Tanks
Ensure closing and removal of septic systems on site.

Comply with all applicable regulations imposed by Federal and State law to close and remove septic
systems by a MPCA septic certified contractor.

Fill out an MPCA Subsurface Sewage Treatment Systems (SSTS) Abandonment Reporting Form.

Supply all documentation to the Project Manager, which includes: MPCA SSTS Abandonment
Reporting Form, septage removal end site, and septic tank/drainage pipe removal end site.
4.3.3.7
Traffic Noise
MnDOT has established the minimum noise barrier requirements based on the Traffic Noise Analysis
provided as Exhibit 4-D.
Perform the final noise analysis, in compliance with the National Environmental Policy Act (NEPA)
regulations, based on the Contractor’s final design to confirm that the final noise wall heights, lengths, and
locations do not decrease the level of noise reduction below the amount provided in Exhibit 4-A. The final
noise analysis methodology shall comply with the Federal Highway Administration (FHWA) Highway
Traffic Noise Analysis and Abatement Policy and Guidance and MnDOT Noise Policy for Type I and Type II
Federal-aid Projects as per 23 CFR 772. The methodology shall also be consistent with FHWA guidelines
and the methodology used by MnDOT during preliminary design.
Meet the following noise mitigation measure provisions:
 Daytime noise levels at each receptor shall be at or below the dB levels predicted in Exhibit 4-A
unless Approved by MnDOT.
 Average wall panel height shall be 20 feet with a maximum wall panel height of 21 feet. The
stepped sections shall not be included in the average wall height calculation.
 At the end of a wall, the wall height shall be decreased in 2-foot increments per panel until the wall
height is 6 feet, at which point it shall be terminated. Make changes to noise wall heights, lengths,
and locations shown in Exhibit 4-D.
Regardless of the final noise analysis results, provide, at a minimum, noise walls as follows:
 [list noise walls required]
4.3.4
Reports/Plans
4.3.4.1
Contaminated Materials Management Plan
Prepare and submit to MnDOT for review and Approval a Contaminated Materials Management Plan that
documents at least the following:
 Design modifications made to avoid or minimize the disturbance of contaminated soils and
groundwater or the rationale for not being able to do so
 Verification that pre-construction levels of groundwater flow and transfer in contaminated areas are
not impacted by design features
 Estimates of the quantities of contaminated soil and groundwater to be generated during
construction, proposed management methods for each, and associated disposal or treatment costs
consistent with this section
 Landfill approvals for anticipated disposal methods and landfill requirements for additional
sampling
 Proposed contaminated soil stockpile location(s) and weekly stockpile inspection/tracking sheets
 Anticipated groundwater dewatering discharge quantities, permits, and discharge points
RFP
Environmental Compliance
4-8
MnDOT Design-Build Program
Federal Project No. [insert #]
Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
 Anticipated groundwater containerization methods
 Design for the temporary, bermed, impermeable, and tear-resistant storage facility to contain
drilling fluids and materials generated from drilling as well as for excavations that will occur below
the water table in contaminated areas
 Modifications due to project staging and/or changes to the Basic Configuration
4.3.4.2
Spills Management
Develop a Spill Containment Plan (SCP) to detail the Contractor’s processes and plans to prevent, contain,
clean up, remove, dispose of, and mitigate all spills. Preventive measures include, but are not limited to,
concrete truck washout areas, designated equipment, maintenance pads, secondary containment, and trained
spill response staff. Include a notification list for containment and reporting. Provide copies of disposal and
cleanup information for purposes of documenting proper spill cleanup.
4.3.4.3
Asbestos Containing Materials
Report in accordance with Exhibit 4-A.
4.3.4.4
Schedule
The CECO shall prepare a schedule of activities for environmental mitigation, including the requirements of
DBS-1717, related to Project phasing and update the schedule throughout the Project.
4.3.4.4.1
Weekly Environmental Monitoring Reports
In the weekly reports, document evidence of the Contractor’s performance with regard to all environmental
commitments and include at least the following:
 Project areas monitored
 Dates of monitoring
 Average weather conditions (e.g., cloud cover, temperature range, wind speeds and direction,
precipitation)
 Names of environmental monitoring inspectors
 Location and nature of resource(s) addressed (e.g., erosion and sediment control, cultural resources,
regulated materials and contaminated materials, groundwater dewatering and treatment,
groundwater use, air and noise quality, wildlife, storm water management and water quality,
wetlands and water impacts, community relations and notifications, etc.); description of work,
impacts, or discoveries for each resource; corrective actions or measures taken for each resource;
and status of corrective action implementation
 Pre-construction walkthroughs
 Inspections
 Maintenance activities
 Permit status and monitoring requirements
 Location and nature of permit violations and corrective actions taken (includes NCRs)
 Inspections by regulators
 Trainings held
 Meetings held
 Notifications made
 Lessons learned and proposed actions to communicate lessons learned
 Areas for improvement
RFP
Environmental Compliance
4-9
MnDOT Design-Build Program
Federal Project No. [insert #]
Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
 Supporting documentation, including photographs, field construction and inspection logs, data
collection sheets, amendments, etc.
4.3.4.4.2
Monthly Environmental Monitoring Reports
The CECO shall provide a monthly environmental monitoring report to the MnDOT ECM and to the
Contractor’s staff that includes the previous month’s weekly report forms, lessons learned, proposed actions
to communicate lessons learned, and areas needing improvement.
4.3.4.5
Environmental Management Plan
The CECO shall prepare an Environmental Management Plan that includes at least the following elements:
 Monitoring and inspection schedule (resource, monitoring frequencies, and locations) for all
environmental commitments
 Monitoring and inspection responsibilities
 Template forms for inspection and data collection (e.g., field inspection logs, data collection logs,
field memoranda)
 Template forms for permit amendments
 Template forms for weekly environmental monitoring reports
 Contingency plans including flow charts and contact information
4.4
Construction Requirements
4.4.1
General
4.4.2
Construction Criteria
4.4.2.1
Fish, Wildlife, and Ecologically Sensitive Resources
Implement the DNR’s BMPs for protection of sites of ecological significance.
Prior to engaging in any tree or structure removal activities, the CECO shall survey the trees and structures
per the requirements in Section 14 and determine if any large bird nests are present as indicated by
Exhibit 4-G. If nests are discovered, the CECO shall work with the MnDOT ECM to determine what actions
are required in accordance with the provisions of the Migratory Bird Treaty Act.
4.4.2.2
Odors, Noise, and Dust
4.4.2.2.1
Construction Noise
4.4.2.2.2
Air Quality
4.4.2.3
4.4.2.3.1
Nearby Resources
Cultural Resources
An Agreement pursuant to Section 106 of the National Historic Preservation Act (NHPA) has been signed
between MnDOT, FHWA, and SHPO and is provided in B. Comply with all Stipulations in B.
Prepare a report that identifies all wetland mitigation areas, borrow areas, staging areas, and disposal sites
outside the Right of Way (R/W) that will be disturbed by the Project. Also notify the MnDOT ECM if any
evidence of possible cultural resources sites, including burial areas, unanticipated structures, or artifacts, is
RFP
Environmental Compliance
4-10
MnDOT Design-Build Program
Federal Project No. [insert #]
Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
encountered during the Project. For all cultural resources work, MnDOT shall be the Contractor’s primary
point of contact, and MnDOT shall coordinate, as necessary, with SHPO.
If previously undiscovered cultural resources are identified, the following process shall apply:
 Conduct the archaeological surveys
 Have an archaeologist licensed by the Office of the State Archaeologist conduct archaeological
surveys.
 Have personnel who meet the Secretary of Interior’s “Professional Qualifications Standards” as
outlined in 36 CFR 61 conduct standing structures work.
Submit the survey findings to MnDOT for review under Section 106 of the NHPA. These reviews may take
up to 60 Days to evaluate the adequacy of documentation, notify consulting parties, and comply with the 45Day SHPO response period as mandated in the federal regulations. No construction activities may begin until
MnDOT Cultural Resources Unit (CRU) forwards to the Contractor a concurrence letter from SHPO.
MnDOT will review the identified areas to determine whether a cultural resource survey is required. Should
any of the areas require a survey, the survey shall meet the Secretary of the Interior’s Standards for
Identification (48 FR 44720-23). Conduct the survey in consultation with MnDOT CRU and submit a report
of the survey to MnDOT for review and Approval. Evaluate properties identified through the survey in
accordance with 36 CFR 800.4(c). If the evaluation results in the identification of properties that are eligible
for the National Register, comply with 36 CFR 800.5.
4.4.2.3.2
Parks
Do not impact any park properties with this Project.
4.4.3
Materials/Testing Requirements
4.4.4
Instrumentation/Monitoring Plan
4.4.4.1
Environmental Notification Contact List
The MnDOT ECM shall be the first point of contact for all environmental issues. MnDOT will provide an
Environmental Notification Contact List that includes all contact persons and reporting and notification
requirements for unforeseen potential environmental impacts encountered during the course of the Project.
The MnDOT ECM will make all appropriate environmental notifications. The CECO shall provide the
following to MnDOT:
 All contact persons representing the Contractor
 The chain of contact for Contractor personnel
 For each contact, the person’s name; agency or corporate affiliation; address; e-mail address; home,
cellular, and office telephone numbers; and fax number
The list shall specify, at a minimum, the appropriate Contractor contact person(s) for reporting and
notification of the following events:
 All spills
 Discharge to groundwater
 Discovery of any of the following:
 Active bird nests (with eggs or young)
 Cultural or historic artifacts
 Human bones or remains
RFP
Environmental Compliance
4-11
MnDOT Design-Build Program
Federal Project No. [insert #]
Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
 Wildlife injured during construction activities
 Materials such as, but not limited to, contaminated soils, asbestos-containing materials, solid
wastes, contaminated groundwater and other regulated materials as described in DBS-1717
 Disturbance of any threatened or endangered species or its habitat
 NPDES inspections by MPCA
 Environmental inspections by other agencies
 Illicit discharges of non stormwater or sediment laden stormwater leaving or entering the Site
 Occurrence of Project activities outside the planned final R/W
 Violation of permits and regulations, such as the following:
 Clean Water Act Section 401—Water Quality Certification
 Clean Water Act Section 402—National Pollutant Discharge Elimination System
 Clean Water Act Section 404—Permits for Dredged or Fill Material
 Rivers and Harbors Act of 1899—Section 9 and Section 10
 Minnesota Wetland Conservation Act and Executive Orders
 DNR Public Water Permit MS 103G
 Minnesota Rules and Statutes
 Local watershed district or water management organization requirements
 Any environmental issue not covered in items listed above
4.5
Deliverables
Provide an estimated schedule of submittals and notify MnDOT of changes to the schedule as soon as
practicable.
4.5.1
Submittals Required Prior to NTP2
The CECO shall submit the following to MnDOT for Approval prior to receiving NTP2:
 Contractor’s Environmental Team Qualifications as described in Section 4.2.2
 Contractor’s Environmental Protection Training Program and training schedule as described in
Section 4.2.3.1
 Contractor’s Health and Safety Plan for work with contaminated materials as described in
Exhibit 4-A
 Contaminated Materials Management Plan per Section 4.3.4.1
 List of wells within the Project limits and recommendations for wells to seal as described in
Section 4.3.2.1
 Storm Water Pollution Prevention Plan as described in Section 4.3.3.4
 Spill Containment Plan and notification list described in Section 4.3.4.2
 Environmental Notification Contact List as described in Section 4.4.4.1
 Contractor’s schedule of anticipated activities for environmental mitigation related to Project
phasing as described in Section 4.3.4.4
 Contractor’s Environmental Management Plan as described in Section 4.3.4.5
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S.P. [insert #]
 Completed additional permit applications and permits as issued
 Wetland Replacement Plan, if required
 Cultural Resources Report, if required, as described in Section 4.4.2.3.1
4.5.2
Submittals Required During Construction
The CECO shall submit the following documents to the MnDOT ECM for Acceptance or Approval during
construction. MnDOT review periods will extend up to 14 Days unless otherwise noted.
 Storm Water Pollution Prevention Plan amendments, as required, to reflect Project development
and staging for Approval
 Asbestos Abatement Report or a Regulated Waste Removal Report for materials abated by the
Contractor as described in Exhibit 4-A.
 Submit the final report of the results of abatement and removal activities to MnDOT for
Acceptance no later than 30 Days after all abatement/removal actions are complete.
 Weekly Schedule updates of activities for environmental mitigation related to Project phasing for
Acceptance as described in Section 4.3.4.4.1
 Weekly and Monthly Environmental monitoring reports for Acceptance as described in Section
4.3.4.4.1 and 4.3.4.4.2
 For landfill disposal of contaminated or regulated materials, waste profile forms, written landfill
approvals and acceptance, and copies of manifests and landfill scale tickets on a daily basis for
Acceptance
 Cultural Resources Survey for wetland mitigation areas, borrow areas, staging areas, and disposal
sites outside the R/W that will be disturbed by the Project, as needed, for Approval
 MnDOT and SHPO review and response period may take up to 60 Days.
 Transfer of ownership records for regulated materials, as needed, for Approval
 Permit monitoring and reporting requirements as required by permits, as needed, for Acceptance
 Groundwater treatment system plan, if necessary, as needed, for Acceptance
 Landowner Statement and Contractor Responsibility Form for Work in Wetlands and Public
Waters
4.5.3
Submittals Required Prior to Final Acceptance
The CECO shall submit the following documents to MnDOT prior to Final Acceptance:
 Correspondence file
 All final reports for environmental work, including the following:
 Summary of environmental commitments, how they were met by the Project, and what final
documentation was prepared for each commitment, as necessary
 Permit applications, permit amendments, permits issued, notice of termination of NPDES
Construction Permit, and all documentation for permit monitoring and reporting requirements,
including any violations and their resolutions
 Final copy of all environmental protection training documents
 Written report of the locations of all wells within the project limits
 Well and Boring Sealing Records as described by Minnesota Rules Chapter 4725 per Standard
Specification 2104 (Removing Pavement and Miscellaneous Structures) and all other sealing
records for all wells sealed
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Federal Project No. [insert #]
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S.P. [insert #]
 Septic system removal documentation
 Spill response reports for any spills that occurred during the course of the Work
 Comprehensive collection of all field memoranda, data collection sheets, and inspection logs
related to environmental monitoring for all environmental commitments
 Comprehensive collection of all weekly and monthly Environmental Monitoring Reports
 Final summary of Contaminated Materials management for each contaminated area or waste
stream organized by contaminated area or waste stream, including:

Final quantities of contaminated or regulated materials disposed, waste profile forms,
written landfill approvals and acceptance, and copies of manifests and landfill scale tickets

Any transfer of ownership records for regulated materials
 Asbestos Abatement Report or a Regulated Waste Removal Report for materials abated by the
Contractor
 Any documentation requested of MnDOT by a regulatory or governing authority in support of
MnDOT’s pursuit of regulatory closure for environmental issues related to the Project
 Final Wetland Impact and Mitigation Plan, if wetlands have been impacted above acreages
established in initial permits
 As-built documents
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EXHIBITS
All exhibits are provided as electronic files.
Exhibit 4-A
Contaminated Materials Provision (also attached)
Exhibit 4-B
Permits
Exhibit 4-C
Wetland Delineation
Exhibit 4-D
Traffic Noise Analysis Update
Exhibit 4-E
Wetland Impact Tables
Exhibit 4-F
Design Build NPDES MOU
Exhibit 4-G
Identification Guide to Large Nests
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Book 2—[insert full name of project] Design-Build Project
S.P. [insert #]
EXHIBIT 4–A: Contaminated Materials Provision
Land Use
Contaminated Soil and Groundwater
Avoid or minimize the disturbance of contaminated soils and groundwater. Perform design modifications
(e.g., relocating Utilities, relocating catch basins, reducing utility depths, replacing slotted pipe edge drains
with solid pipes) in contaminated areas that are necessary to avoid or minimize the disturbance of potentially
contaminated soils and groundwater and eliminate the potential for proposed infrastructure to collect or more
easily transport contaminated materials. Ensure that all Work (including Utility Work) shall not change the
groundwater flow in the area of the Project (i.e., if backfill materials placed in a trench are more conductive
to the transfer of flow of groundwater, design and construct the features necessary to ensure the groundwater
transfer and flow remains at pre-construction levels).
Comply with the following requirements, as applicable, regarding management of contaminated materials.
Provide MnDOT estimates of the quantities of contaminated soil, groundwater, and other materials to be
generated during construction and associated disposal or treatment costs.
General Provisions
Comply with all applicable safety regulations imposed by federal and State law for handling pollutants,
contaminants, or hazardous substances, wastes, or materials, including 29 CFR 1910 and all subsequent
revisions thereof. Prepare a Site Health and Safety Plan. The plan shall satisfy OSHA requirements and the
requirements of 29 CFR 1910.
During Project construction, MnDOT’s environmental consultant will sample and test soils and groundwater
that are suspected to be contaminated, monitor soil excavation activities in contaminated areas, and evaluate
planned treatment procedures; cooperate and coordinate work with the MnDOT Environmental Compliance
Manager (ECM) to facilitate the identification, testing, handling, and treatment of contaminated materials.
Notify the MnDOT ECM a minimum of 24 hours prior to beginning the excavation and removal of
contaminated soil in known contaminated areas to allow MnDOT’s environmental consultant to be at the site
to observe and document the excavation, handling, and disposal of the contaminated soil. No excavation of
contaminated soil shall take place without the approval of the MnDOT ECM, nor shall any contaminated soil
be excavated unless MnDOT’s environmental consultant is present. MnDOT’s environmental consultant will
determine which soils are to be considered contaminated. Soils shall not be excavated beyond the limits
shown on the Released for Construction Documents unless approved by MnDOT.
Contaminated Soil Excavation and On-Site Re-Use
If MnDOT determines that contaminated soils can be reused in fill areas on the Project, stage soils such that
the soil from the specified areas can be reused on the Project. Areas for staging contaminated soils shall be
approved by MnDOT. In addition, as approved by MnDOT, be prepared to incorporate contaminated soil
into the Project to the extent allowed.
Contaminated Soil Excavation and Off-Site Disposal
MnDOT may determine that some or all of the contaminated soil and all of the contaminated materials,
including solid waste, must be disposed of at a Minnesota-permitted municipal solid waste (MSW) landfill
facility or industrial landfill facility. Select the Minnesota-permitted MSW landfill facility or industrial
landfill facility for disposal of the contaminated materials and submit to MnDOT for Approval. The CECO
shall be responsible for providing all required information to the landfill (typically waste profile forms and
soil analytical data) in order to obtain landfill acceptance of the contaminated soil; if existing soil analytical
data is not sufficient for the landfill to accept the contaminated soil, MnDOT’s environmental consultant will
collect samples for additional analyses required by the landfill. Provide access to in-place and stockpiled soil
for MnDOT’s environmental consultant to collect and analyze any additional samples required by the
landfill. Using the analytical data obtained by MnDOT, the CECO shall provide the landfill-required waste
profile form(s) to the landfill for landfill approval after review by MnDOT. Do not haul contaminated
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S.P. [insert #]
materials to the landfill facility until MnDOT has written approval from the landfill accepting the
contaminated materials for disposal at the landfill facility. The CECO shall provide daily copies of manifests
and landfill scale tickets to MnDOT while material is being hauled to the landfill, or as otherwise Approved
by MnDOT.
If MnDOT determines that the contaminated materials or soil cannot be disposed at a Minnesota-permitted
MSW or industrial landfill facility because of excess contaminant level, or because it is classified as a
Hazardous Waste, be prepared to dispose of the material using the State Hazardous Waste Contractor.
MnDOT will provide the name and contact information for the State Hazardous Waste Contractor.
Temporary Stockpile of Contaminated Soil
In the event MnDOT determines that contaminated soil must be stockpiled prior to on-Site reuse or off-Site
disposal, place the contaminated soil stockpile at a location on the Project as Approved by MnDOT. As
directed by MnDOT, place and maintain contaminated soil from different locations that may contain
different contaminants in separate stockpiles. Stockpile the contaminated soil on minimum 10-mil plastic,
cover the stockpile with minimum 10-mil reinforced plastic, and securely anchor the cover no later than the
end of each Work Day. Surround the stockpile with temporary fencing, if MnDOT determines that additional
security measures are necessary, and maintain the stockpile cover (and fencing if installed) for the duration
of the Contract until all contaminated materials are removed. Inspect the stockpile a minimum of once per
week. The CECO shall keep records of the weekly stockpile inspection, recording, at minimum, the date and
time inspected, and the stockpile coverage pre and post-inspection. The CECO shall track the status of
stockpiles at all times during the Project. MnDOT will test contaminated materials at the stockpile sites and
determine treatment and disposal procedures, if any.
Contaminated Groundwater Dewatering
Account for the treatment of known contaminated groundwater in the Contractor’s Project schedule where
construction work will disturb groundwater. Minimize Project dewatering to the greatest extent possible.
If MnDOT determines that some or all dewatered contaminated groundwater can be discharged to the
stormwater system, obtain a groundwater discharge National Pollutant Discharge Elimination System/State
Disposal System (NPDES/SDS) Water Quality Permit to discharge contaminated groundwater to the storm
sewer, along with any other permits and approvals necessary for dewatering (e.g., DNR groundwater
appropriation permit). All documentation shall be reviewed by MnDOT prior to submitting to the permit
agency.
If MnDOT determines that some or all dewatered contaminated groundwater can be discharged to the
sanitary sewer, obtain all necessary permits and approvals from the municipal water permitting authority to
discharge to the sanitary sewer, along with any other permits and approvals necessary for dewatering (e.g.,
DNR groundwater appropriation permit). All documentation shall be reviewed by MnDOT prior to
submitting to the permit agency.
For all Project dewatering, ensure that groundwater discharged to the storm sewer shall outlet at no more
than two final discharge points. A final discharge point is the point at which the dewatered groundwater
leaves a man-made pipe conveyance system and enters the environment in a ditch, pond, or river or other
water body. MnDOT’s environmental consultant will periodically collect and analyze samples of dewatered
groundwater per permit requirements at the final discharge points until all dewatering for the Project is
completed. The CECO shall inform MnDOT no less than five Days prior to placing an active discharge point
on- or off-line so MnDOT can arrange for MnDOT’s environmental consultant to travel to the site to collect
samples, if necessary. Provide access for MnDOT’s environmental consultant to collect samples at all active
discharge points. No discharge can occur until all of the required permits are acquired.
Measure the rate of groundwater discharge during dewatering. Record the rate of discharge daily and submit
a discharge report to MnDOT weekly.
In the event groundwater cannot be directly discharged into the storm or sanitary sewer because of excess
contaminant concentrations or because it contains free (undissolved) petroleum products, the groundwater
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S.P. [insert #]
shall be treated prior to discharge. Supply a portable groundwater treatment system that is designed to treat
the groundwater contaminants to approved discharge concentrations. The system may include, but is not
limited to, the following components: flow equalizer, oil/water separator, granular activated carbon filtration,
and aeration. The portable groundwater treatment system shall have a treatment capacity equal to or greater
than the rate of temporary construction dewatering. Obtain Approval of the portable groundwater treatment
system prior to mobilization of any groundwater treatment system components to the Project Site.
Contaminated Soils and Groundwater from Drilling and/or Excavation Operations for Piers and Test
Shafts
For all drilling operations in areas where contaminated groundwater is present, or where excavation occurs
below the water table in contaminated areas, design and construct a temporary bermed, impermeable, and
tear-resistant storage facility around the drilling site to contain all water and materials from the
drilling/excavation. Containerize all water and drilling fluids and be prepared to treat or dispose of the fluids
as directed by MnDOT (e.g., solidify with offsite disposal, separation and removal and treatment of
groundwater with stockpiling and drying of soils).
MnDOT will prepare report(s) for submittal to the Minnesota Pollution Control Agency (MPCA)
documenting contaminated soil excavation, corrective action, and contaminated groundwater dewatering.
Provide all necessary supporting documentation required to prepare the report and obtain regulatory approval
as requested by MnDOT.
Borrow Materials
See Book 2, Section 10.
Asbestos and Other Regulated Waste
The CECO shall prepare an Asbestos Abatement Report or a Regulated Waste Removal Report for submittal
to MnDOT. The report shall include the type of materials handled and documentation of the disposal,
including dates and locations.
All asbestos and regulated waste removal, transportation, and recycling/disposal activities must comply with
the applicable sections of MnDOT’s Regulated Material Management Program, Building & Bridge
Demolition/Relocation (available at: http://www.dot.state.mn.us/environment/buildingbridge/index.html).
Ship all waste directly from the project site to a MnDOT-approved landfill or other MnDOT-approved end
site facility. Off-site, temporary storage or co-mingling with waste materials not generated by the project will
not be permitted, unless approved in writing by MnDOT’s Project Manager.
Prior to demolition of Bridges, remove any asbestos-containing Materials and other regulated material that
will be disturbed by the work. Subcontract an asbestos abatement Contractor from the MnDOT Prequalified
List located at: http://www.dot.state.mn.us/consult/prequal/documents/pqbyworktype.pdf.
Subcontract an asbestos oversight Contractor from the MnDOT Prequalification List to oversee the asbestos
abatement operation. MnDOT will provide the Prequalification List of oversight contractors upon request.
The CECO shall obtain all necessary permits and complete all necessary notifications including, but not
limited to, those required by MDH/MPCA for asbestos abatement work. The CECO shall provide clear,
legible copies of all permits and notifications to MnDOT a minimum of 10 Working Days prior to beginning
abatement work. Do not perform any abatement work unless the Contractor’s asbestos oversight Contractor
and the MnDOT Environmental Consultant are present.
Be prepared to haul the asbestos-containing Materials to an MPCA-permitted mixed municipal solid waste
landfill or industrial landfill and obtain all necessary landfill approvals for disposal. The CECO shall provide
the landfill-required waste profile form(s) to MnDOT for review and signature. Do not haul asbestoscontaining Materials to the landfill facility until the Contractor has obtained and MnDOT has received
written approval from the landfill accepting the material for disposal at the landfill facility. The CECO shall
provide 2 signature clear, legible copies of manifests and landfill Scale tickets to MnDOT for all material
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being hauled to the landfill. The CECO shall provide the third signature clear, legible copy of the manifest
within 10 Days of the waste shipped off-Site.
If the Contractor elects to temporarily store the asbestos-containing Materials or asbestos-containing waste
Materials because it cannot immediately be removed from the Project to the landfill, store the material onSite in a lined, enclosed container in accordance with all applicable state and federal requirements and as
Approved by MnDOT. Temporary storage of asbestos-containing Materials or asbestos-containing waste
Materials on the Project shall not exceed 48 hours. All work and costs related to temporary storage of
asbestos-containing Materials or asbestos-containing waste Materials on the Project shall be the Contractor’s
responsibility.
All PCB caulk must be abated prior to Bridge demolition. If <50 ppm, the material must be separated out and
disposed of at a Minnesota MPCA permitted mixed municipal solid waste landfill or MPCA permitted
industrial landfill. If > 50 ppm, the material must be managed as a Hazardous Waste. This waste must be
transported off-Site and disposed by MnDOT approved contractor.
Extract any lead plates that may be encountered during Bridge demolition and either bring the lead plates to a
lead smelter or transfer ownership to a third party using a MnDOT Transfer of Ownership Form. The CECO
shall provide documentation of the end disposition of the lead plates to MnDOT.
Transport any mercury vapor light bulbs or high-intensity discharge (HID) bulbs, ballasts, and capacitors to
the MnDOT-approved contractor, Green Lights Recycling, or reuse the Materials on the Project if Approved
by MnDOT. The CECO shall provide documentation of disposal or reuse to MnDOT.
Treated wood must be disposed of at a Minnesota MPCA permitted mixed municipal solid waste landfill or
MPCA permitted industrial landfill. This material needs documentation, manifests and
Scale tickets, showing the landfill received the material.
Provide the oversight Contractor clear legible copies of documentation for wastes removed, including, but
not limited to, daily logs, waste receipts, shipping papers, landfill receipts, recycling certificates, and disposal
tipping receipts for all regulated wastes recycled or disposed of. Provide within 10 Days after the waste is
transported from the Project Site.
Removal of asbestos-containing Materials, PCB caulk, mercury vapor and HID bulbs, ballasts, and
capacitors, peeling or loose lead paint (including encapsulation), and lead plates on Bridges shall be included
in the Contract Price. Work related to any known asbestos and regulated waste Materials will not be eligible
for extension of any Completion Deadlines.
Asbestos and Regulated Waste Contingency Plan
If asbestos or other regulated waste material presented in DBS-1717, other than that listed in Section 4.3.3.1,
is encountered in the Project area, follow the procedure outlined in DBS-1717.
Solid Waste
Dispose of solid waste, including garbage or refuse, but not including earthen fill, rocks, or boulders, in an
MPCA-permitted mixed municipal solid waste landfill.
Dispose of excess Materials and debris from this Project, such as concrete and asphalt, if not recycled, in an
MPCA-permitted demolition landfill; permit-by-rule landfills (i.e. use of these Materials as embankment) are
not allowed on MnDOT projects.
Reuse existing pavement Materials, if desired, per MPCA’s beneficial use determination. Furnish a
completed Ownership Transfer of Pavement Materials form to MnDOT prior to removing any existing
pavement Materials from within the Project limits. A blank Ownership Transfer of Pavement Materials form
is found in Exhibit 4-D.
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