(A) Borrow material shall be free of substance that will form deleterious deposits, or produce toxic concentrations or combinations that may be harmful to human, animal, plant or aquatic life, or otherwise impair the designated uses of the stream or area.
(B) The proposed disposal site(s) for excavated material shall be identified before such material is disposed of within or outside the right-of-way.
(1) (a) An inspection shall be in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetland.
(b) If the subdivider elects to use the site, all required permits shall be obtained.
(2) The subdivider shall develop and construct all mitigation measures and fulfill all requirements detailed by such permits. Before borrow or disposal operations are begun, the subdivider shall submit operation plans for approval by the Plat Committee. Such plans shall include the following:
(a) A detailed sketch showing the limits relative to property and right-of-way lines;
(b) The grade of all slopes;
(c) An erosion control plan in accordance with the requirements of 237 IAC 15-5;
(d) The encasement, finished grading, and seeding procedures; and
(e) Archaeological clearance.
(3) Notice shall be given in advance of opening borrow areas so that cross-section elevations and measurements of the ground surface after stripping may be taken and the borrow material may be tested before being used.
(4) Except when a commercial source is utilized, a qualified archaeologist shall perform a record check and field survey of borrow or disposal limits to determine if any significant archaeological sites are within the limits. Results of the record check and survey shall be furnished in writing prior to the excavation of any material.
(a) If any archaeological sites are identified, the archaeologist shall establish the limits of the site along with a reasonable border. The site shall not be disturbed unless the archaeological site is cleared by established procedures and written authorization to enter the site has been issued.
(b) Under no circumstances shall an employee of the contractor or the State of Indiana share in the ownership or profit from the sale of any archaeological artifacts that may be salvaged.
(c) No extension of completion time will be granted due to any delays in securing approval of a borrow or disposal area.
(5) Unless written permission is granted, there shall be no excavation in a borrow area below the elevation of the adjacent properties within 150 feet of the nearest right-of-way line of an existing highway, county road, or city street; the nearest right-of-way line of a proposed highway, county road, or city street; or adjacent property lines.
(a) If the properties adjacent to the borrow area are privately owned, the setback limit of 150 feet may be lessened if written approval or permission is granted by the owner of the adjacent property, the excavation is in accordance with local zoning laws and requirements, and if lessening the limit is in the best interest of the state. Such minimum distance shall not be closer than 50 feet to an adjacent property line.
(b) All excavated slopes of a borrow area shall not be steeper than 3:1 down to two feet below the ground water elevation. All excavated slopes two feet below the ground water elevation shall not be steeper than 2:1.
(6) Top soil from the borrow or disposal area shall be stockpiled for use in restoring the disturbed area.
(a) A minimum encasement of six inches shall be placed on the 3:1 or flatter slopes.
(b) Final restoration of borrow or waste disposal areas shall include grading, seeding, or other necessary treatments that will blend the area into the surrounding landscape.
(c) Restored areas within 150 feet of the nearest right-of-way line shall be well drained.
(d) Areas beyond 150 feet shall be drained unless the landowner desires other treatment of the borrow area.
(e) Construction of borrow or disposal areas shall be in accordance with existing laws, regulations, and ordinances.
(f) Under no conditions shall borrow sites detract from the appearance of the natural topographical features nor increase the potential hazard to a vehicle that has inadvertently left the highway.
(7) If granulated slag, dune sand, or other granular material which is not suitable for the growth of vegetation is used, such material shall not be placed within one foot of the required finished surfaces of shoulders and fill slopes.
(a) Additional material required to complete the embankment, such as sandy loam, sandy clay loam, clay loam, clay, or other materials suitable for the growth of vegetation and free from clods, debris, and stones, shall be furnished at the contract price for borrow.
(b) Additional fill material may be secured from within the permanent or temporary right-of-way in lieu of borrow, or borrow either from vertical or horizontal extensions, or both, beyond the lines and elevations of roadway and drainage excavation as shown on the contract plans when authorized in writing. If additional material has been obtained without written approval, the material will be classified, either as to source or use.
(Ord. 2019-008, passed 5-13-19)