Section 5

5.1.1

The Permit Holder shall restore, at its expense, all public and private property damaged in consequence of acts or omissions by the Permit Holder or its contractor, to a condition similar and equal to that existing before the damage was done. If the Permit Holder neglects to make restoration, the WCRC may, after 48 hours written notice to the Permit Holder, proceed to make the restoration. The cost of restoration shall be paid by the Permit Holder.

5.2.1

Before disturbing or removing any pavement the Applicant or Permit Holder shall survey or measure existing roadway conditions in sufficient detail to allow description of any road restoration which may become necessary due to the project. This shall include depiction of lane widths, shoulder widths, cross-slope, superelevations, vertical or horizontal curves, ditch cross-sections and grades, and pavement thickness and subgrade type. Where vertical curves or horizontal curves with superelevations exist, cross-sections shall be provided at maximum intervals of 50 feet. Should the Applicant or Permit Holder fail to provide this information on approved plans or other documentation prior to disruption or removal, then-current design guidelines shall apply to any restoration.

5.2.2

Open-cutting pavement will generally not be allowed if in the judgment of the WCRC asphalt availability or weather conditions are expected to preclude paving.

5.2.3

Subject to the foregoing, any pavement removed or damaged as a result of the activities of the Permit Holder or its contractor shall be temporarily replaced by the Permit Holder with the following:

1. Between May 1st and October 31st, a minimum of three inches compacted thickness of HMA (MDOT HMA Mixture Type 13A or better, placed in two lifts) over 12 inches ofcompacted 21AA modified, dense graded aggregate. Crushed concrete will not be allowed.
2. Between November 15th and April 30th, if HMA is not available, a minimum of three inches compacted thickness of cold patch asphalt over twelve inches of compacted 21AA modified, dense graded aggregate. These dates are approximate only. If HMA is reasonably available between November and April it shall be used if weather allows.
3. The WCRC may require a temporary concrete patch based on expected traffic or maintenance considerations.

5.2.4

Temporary pavements must be placed immediately after utility installation in the intersection of main roads and within five days after installation on subdivision roads. Failure to do so shall be just cause for temporary or permanent suspension of the Permit Holder’s permit.

5.2.5

All temporary pavements shall be maintained in good condition by the Permit Holder until the final pavement replacement is installed. Costs for emergency repairs by the WCRC will be charged to the Permit Holder.

5.2.6

Final pavement replacement shall be installed within the first paving season (May 1 through October 31) after completion of the excavation provided adequate settlement has taken place over a period of at least four months, unless otherwise required by the WCRC. If more than 20% of the width of a lane of asphalt road pavement is removed or damaged by the activities of the Permit Holder or its contractor a complete resurfacing of the lane will be required. The resurfacing shall consist of a HMA overlay of minimum thickness of one and one-half inch (165 pounds per square yard) of MDOT HMA Mixture Type 13A or 4C as determined by the WCRC. The overlay shall be placed over the entire road after replacing the damaged or removed asphalt.

5.2.7

The final area of any pavement to be replaced and/or overlaid shall be determined by the WCRC. The final paving shall be done by an approved paving contractor in accordance with then current WCRC standards. The name of the proposed paving contractor and a list of equipment and source of materials to be used during paving shall be submitted in writing to the WCRC and approved in writing by the WCRC before paving commences. The WCRC shall be given two working days advance notice before paving commences. The WCRC reserves the right at the Permit Holder’s expense to test and inspect at the point of origin all materials to be used. The WCRC will notify the Permit Holder of the testing results. All pavement restoration shall be performed to the satisfaction of the WCRC. This includes all traveled lanes, turn lanes, passing lanes, tapers, paved shoulders, driveways and road approaches, which may be restored due to damage caused directly by the work performed or indirectly due to material handling, trucking, equipment, or temporary roads.

5.2.8

The final pavement replacement shall be structurally equivalent to and of the same type as the pavement being replaced and in accordance with the following specifications:

1. Asphalt on a sand, gravel, unknown or undetermined base: Match existing pavement thickness within the following limits:
2.  
   1. Minimum three inches (330 pounds per square yard) MDOT 4C HMA on eight inches of 21AA limestone aggregate base;
   2. Maximum ten inches “deep strength” asphalt placed in four lifts on suitable granularcompacted subbase. Deep strength asphalt shall consist of two (2) three-inch lifts (330 pounds per square yard) of MDOT HMA Mixture Type 2C or 3C and 2 twoinchlifts (220 pounds per square yard) of MDOT HMA Mixture Type 4C.
3. Asphalt on concrete: Subbase shall match existing subbase. The pavement may beplaced with full depth asphalt equal in thickness to the concrete base and asphalt cap,with a minimum pavement thickness of ten inches. Wearing course asphalt shall beMDOT 4C HMA mechanically compacted in two-inch lifts (220 pounds per square yard).
4. Concrete pavement: Replace with concrete pavement of the same thickness and type asthe existing pavement on a sand or gravel subbase equal to the existing subbase inthickness and compacted to 98% density. All concrete shall be MDOT Grade P1 unlessotherwise required by the WCRC. High early or extra-high early 35HE should not beused unless required by the WCRC based upon traffic volumes and the Permit Holder’soperations. Lane ties and appropriate load transfer assemblies shall be used.

5.2.9

Pavement restoration shall include wedging with suitable asphalt as necessary to restore pavement cross-slope, superelevation or transitions, including adjustments to driveways, side roads and paved shoulders. The Permit Holder is responsible for any necessary adjustments to shoulders, including adding material if needed to achieve a smooth and uniform cross-slope. Special care shall be taken to maintain positive drainage at all locations including driveway aprons. The WCRC may require paved shoulders on primary roads.

5.2.10

Any deviations in pavement design or materials must be approved by the WCRC.

5.3.1

All excavations within the limits of the roadbed shall be backfilled with material as shown on approved plans subject to the approval of the WCRC.

5.3.2

Immediately after the excavation is backfilled and compacted, the affected portion of the road and ditches shall be rough graded to the appropriate gravel road cross-section indicated in these specifications and the affected portion of the road surface shall be stabilized with a minimum of ten inches of compacted dense-graded aggregate (MDOT 23A or approved equal). Cementitious materials such as crushed concrete are not considered equivalent and will not be permitted. If road surface areas outside the trench excavation are used for storage of construction materials or excavated materials, or are otherwise damaged or contaminated due to construction operations, a minimum of two inches of compacted 23A road gravel shall be placed over such contaminated areas immediately following construction.

5.3.3

All excess construction materials, excavated materials and contaminated materials shall be removed prior to the placement of gravel unless otherwise approved. The road surface shall be maintained in good, smooth, dust free condition at all times, and gravel of the type noted above shall be added if settlements occur. Before requesting final inspection, the Permit Holder shall place over the entire road surface within the affected portion of the roadway two inches of compacted MDOT 23A road gravel suitably stabilized with liquid calcium chloride.

5.4.1

Road shoulders at a minimum shall be restored to the same condition, width, slope and thickness as existed before the start of work.

5.4.2

Any gravel shoulders which are removed or substantially altered during construction shall be replaced or restored with shoulder material consisting of six inches of 23A compacted gravel and if the shoulder has a sand subbase it shall also be replaced.

5.4.3

Gravel shoulders which are not removed but become contaminated, rutted, or otherwise damaged by the Permit Holder’s activities shall be restored by removing the contaminated material and replacing it with 23A gravel to the original thickness, width, and slope, brought flush with the road surface. If the road is resurfaced, sufficient gravel shall be added to bring the shoulder up to the new surface elevation.

5.4.4

If the shoulders were grass covered, the grass shall be removed and the shoulder shall be restored and brought flush with the road surface with 23A gravel. Paved or gravel shoulders shall be restored to the same type.

5.4.5

If all or a portion of the shoulder is paved, the Permit Holder shall replace the paved shoulder with a minimum of two inches (220 pounds per square yard) of MDOT 4C HMA, over three inches (330 pounds per square yard) of MDOT 3C HMA, over eight inches of approved base course. If necessary, the edge of the roadway shall be trimmed to present a smooth edge for attachment to the paved shoulder and treated with a bond coat. The width of the paved shoulder shall match the pre-existing width.

5.5.1

All areas within the road right-of-way beyond the shoulders, curbs, or edge of gravel of the road which are disturbed as the result of the Permit Holder’s activities shall be restored as soon as possible during the first growing season. Temporary measures may be required prior to the growing season where necessary to minimize erosion. Restoration shall not be delayed until project completion. Failure to comply with this specification shall be just cause for the WCRC to stop the remaining construction work until the required restoration is completed. The ground cover specified on approved plans shall be maintained until final settlement of excavated or disturbed areas has occurred and growth is established.

5.5.2

Sod may be required by the WCRC in areas where topsoil, seeding, and mulching cannot (or has not) provided the effective ground cover required because of steep slopes or grades, velocity or volume of water, or other conditions. Sod may be required in areas of established, maintained lawns. All sod shall be placed on three inches of topsoil following preparation of the surface per the MDOT Standard Specifications for Construction. The Permit Holder is responsible for the establishment and growth of vegetation. The permit and surety will not be released until the WCRC is satisfied that vegetation has been re-established.

5.5.3

Areas that are not to be sodded shall be topsoiled, seeded, and mulched. The seed shall be MDOT roadside seed mixture, unless otherwise specified on approved plans. Seed, fertilizer and mulch shall be applied pursuant to MDOT specifications.

5.6.1

All road drainage shall be restored as soon as possible following construction. Ditches, ditch slopes, and other areas with the right-of-way shall be restored to meet then current standards, unless otherwise shown on approved plans.

5.6.2

All culverts and ditch enclosures removed in good condition, as determined by WCRC, shall be re-placed in proper position and elevation. All culverts and ditch enclosures or sections thereof which are not in good condition after removal shall be replaced with pipe meeting then current WCRC standards. Culverts and other drainage facilities which are damaged but not removed during the Permit Holder’s operations must be fully repaired to the satisfaction of the WCRC or be replaced in accordance with then current WCRC standards. Grading or ditching may be required near the inlet or outlet in order to re-establish drainage beyond that shown on approved plans.

5.6.3

The Permit Holder shall restore or re-establish any drainage patterns or systems disturbed by the Permit Holder’s activities. The Permit Holder shall perform any survey necessary to establish elevations of culverts, ditches, inlets, outlets, or any other structure required in order to restore function to the drainage system. If necessary, the WCRC may establish these elevations and grades at the expense of the Permit Holder. The Permit Holder shall re-ditch or establish new ditch elevations based on changes to culverts or other structures in order to ensure that stable, maintainable ditch is established. If the velocity of water is great enough that erosion of the ditch bottom may occur, rip-rap or other structural elements may be required in order to stabilize the roadside ditches or their outlets. The WCRC will notify the Permit Holder if additional soil erosion and sedimentation control measures are required. 5.6.4 Road drainage shall not be diverted onto private property without the dedication of a drainage easement by the affected property owner(s). 5.6.5 If culverts or other drainage structures that are not shown on approved plans are encountered during the course of the work, the Permit Holder shall replace and/or restore any such structures.