Section 9     Erosion Control Seeding

9.1 General

9.1a Specifications For Erosion Control Seeding

Section 9 presents specifications for soil preparation, seed mixes, and seeding methods for sites where the rapid establishment of turfgrass and other erosion control vegetation is required. Section 9 is intended to assist contractors who perform erosion control seeding for private residences, construction sites, and at other locations where the use of other materials and methods is not mandated by law. MSA specifications do not substitute for Maryland State Highway Administration (MD-SHA) specifications or other local specifications or ordinances, which may preempt the use of Section 9.

9.1b Erosion Control Sites

Erosion control seeding sites may be steep, rocky, and difficult to prepare with conventional soil preparation and seeding equipment. The use of tall and mowing-intolerant grasses and/or legumes may make it impossible to mow these sites regularly through the growing season. Although annual mowing may be performed at many sites, it is assumed that many erosion control sites may never be mowed after establishment. Where steep slopes are present, and especially where recreational or other uses are expected that may require routine mowing, the Specifications For Turfgrass Seeding (Sections 1-7) may be more appropriate, and in most cases preferred, to those of Section 9.

9.1c Special Limitations of Erosion Control Seedings

Maintenance of erosion control seeding sites is minimal. Such sites may receive sufficient fertilizer to correct or prevent deficiencies which might limit the ability of the groundcover to perform its erosion control functions. Irrigation during the time of seeding may be difficult or impossible to provide. Pesticide applications after establishment may be minimal and may be complicated by the presence of pesticide sensitive species. For these reasons, and because erosion control seedings are often made when prompt germination and establishment of vegetation is uncertain or impossible, the seeding contractor shall not be obliged to provide post seeding care or to guarantee the success of the seeding.

9.2 Soil Testing

9.2a Soil Testing Requirements

Soil shall be tested by The University of Maryland Soil Testing Laboratory, or another accredited soil testing laboratory for soil acidity (pH), soluble salts concentration, phosphorus (P or P2O5), and potassium (K or K2O). If, because of contractual obligations or other compelling reasons, there is insufficient time to conduct and evaluate soil test results before seedbed preparation and seeding operations are begun, a soil sample shall be collected at the time of seedbed preparation or seeding, and the soil tests shall be conducted and evaluated as soon as possible thereafter. All parties which may be affected by soil conditions that may adversely influence the success of erosion control seedings shall be promptly notified by the seeding contractor of the results of such soil tests.

9.2b Soil Acidity (pH)

Soil shall be tested by for soil acidity (pH). The acidity of the soil, to a depth of 4.0 inches, shall be considered suitable for erosion control groundcover seedings if the soil pH lies in the range of pH 5.0 to 7.0. Soil acidity of pH 6.5 is ideal. Because acidic cuts and dredge soils are frequently encountered in Maryland, it is recommended that soil tests be taken for as many different soil lots or sites as there are within the area to be seeded. If soil pH is below pH 5.0, see Table A, below, and add the amount of limestone necessary to raise soil pH to 5.0 to 8.0. If soil pH is above pH 8.0, see Table B, below, and add the amount of elemental sulfur necessary to lower the soil pH to 5.0 to 8.0. Modifications to correct soil pH shall be made in accordance with Table A or B, or according to the recommendations of the Maryland Cooperative Extension Service, or of the soil testing laboratory; seed shall not be placed in topsoil with acidity below pH 5.0 or above pH 8.0. Modifications to correct soil pH may be made before, during, or after seeding of erosion control groundcover.

 

Table A
Pounds of Limestone to Add per 1000 ft2
To Raise Soil pH to 6.5

Soil Texture Class

Original pH  Sand  Loam Clay
4.8 85 140 200
5.0 75  125 175
5.2 65 110 150
5.4 55 95 125
5.6 45 80 100
5.8 35 65 80
6.0 25 50 60
6.2 15 35 40
6.4 5 15 20


Note: Table A shall be used only for limestone which meets the specifications Section 4.3

 

Table B
Pounds of Elemental Sulfur to Add per 1000 ft2
To Reduce Soil pH to 6.5

Soil Texture

Original pH Sandy Soil  Clay Soil
7.5 10-15 20-25
8.0 25-35 35-50
8.5 35-50 40-50


Note: Table B shall be used only for elemental sulfur which meets the specifications of Section 4.4

 

9.2c Soil Soluble Salts

Soil shall be tested for its soluble salts concentration. Soluble salts in the soil shall not exceed 500 parts per million by weight, or shall not exceed 4.0 millisiemens per centimeter when evaluated by the electrical conductivity method. When soluble salt levels exceed these levels, see Table C, below. Soluble salts shall be dissipated or otherwise reduced before seeding; seed shall not be placed in soil with soluble salts over 500 parts per million, or 4.0 millisiemens per centimeter.

Table C
Pounds of Gypsum to Add per 1000 ft2
To Reduce Soluble Salts to Recommended Levels

Original Salts Level

 Pounds Gypsum

millisiemens  parts per million (ppm)  per 1000 ft2
8 2500 320
7 1800 230
6 1250 160
5 700 80
4.5

550

40


Note: Table C shall only be used for finely ground gypsum which meets the Specifications of Section 4.5

9.2d Soil Phosphorus and Potassium

Soil shall be tested for phosphorus (P or P205) and potassium (K or K20), and fertility recommendations for the site based on turfgrass requirements for phosphorus and potassium shall be obtained from the Maryland Cooperative Extension Service, or the testing laboratory. Soil levels of phosphorus and potassium shall be adjusted with fertilizer to conform with the recommendations of the Maryland Cooperative Extension Service or of the testing laboratory either before seeding, at the time of seeding, or at any time after seed is distributed, as long as the establishment of the erosion control groundcover seeding is not adversely affected by soil nutrient deficiencies of phosphorus or potassium.

9.3 Fertilizer

9.3a General

When soil tests have been performed, as specified in Section 9.2a, erosion control groundcover seeding sites shall receive fertilizer at rates which are in accordance with recommendations made by the Univ. of Maryland Soil Testing Laboratory, or other accredited soil test lab which performed the soil tests.

9.3b Starter Fertilizer

In the absence of soil tests, and without regard to any established nutrient requirements, a starter fertilizer may be applied to the erosion control groundcover seeding site, so that not more than 1.0 pound of nitrogen (N) per 1000 ft2 (45 pounds N per acre), and 2.0 pounds of phosphorus (P2O5) per 1000 ft2 (90 pounds P2O5 per acre), and 2.0 pounds of potassium (K2O) per 1000 ft2 (90 pounds K2O per acre), which may be applied up to 10 days before seeding, at the time of seeding, or up to 5 days after seeding operations are completed.

9.4 Soil Preparation

Areas shall conform to the contract specifications of the finished grade and be free of plant growth before soil preparation is begun.. In sites where the slope is shallower than 3:1, the soil shall be loosened with rototillers, disk harrows, chisel plows, rippers, bulldozers, or other suitable soil preparation equipment to a minimum average depth of 2.0 inches. In sites where the slope is 3:1 or steeper, the soil shall be loosened to a depth of 0.5 to 1.0 inch. Bulldozers which are used to loosen the soil shall leave the surface with an open irregular surface, and with track ridges that run parallel to the slope. Serrated cut slopes shall not be loosened, and shall be seeded in vertical increments not wider than 50 feet. All debris such as clods, loose stones, and other material with a diameter over 1.5 inches shall be removed before seeding in or near residential areas; in other areas, only debris with a diameter over 3.0 inches shall be removed.

9.5 Seeding Methods

9.5a Choice of Seeding Methods

Seed and/or mulch shall be applied with spreaders, drills, or hydraulic seeders which ensure uniform distribution and coverage at specified rates. The seeding contractor shall select one of the methods specified in Section 9.5b (hydraulic seeding), 9.5c (conventional seeding), or 9.5d (cultipacker seeding).

9.5b Hydraulic Seeding

.1. Definition. Hydraulic seeding methods shall be defined to include the distribution of seed through a pump under pressure with equipment that continuously agitates the seed in a suspension (slurry) of water. In addition to seed and water, the hydraulic seeding slurry may also include pulverized limestone and/or pelletized limestone and/or fertilizer and/or hydraulic mulch. Hydraulic mulch products shall contain wood fiber, wood cellulose fiber, or a combination of these materials (wood fiber + wood cellulose fiber hydraulic mulch).

.2. Fertilizer & limestone rates. When fertilizer and/or limestone is included in the hydraulic seeding slurry with seed, the maximum combined weight of fertilizer and limestone included in the hydraulic seeding slurry shall not exceed 150 pounds per 100 gallons of water. When fertilizer is applied with seed in the hydraulic seeding slurry, the amount of soluble nitrogen fertilizer (actual N) included shall not exceed 90 pounds per acre. Also, the amount of phosphorus (as P2O5) shall not exceed 180 pounds per acre, and the amount of potassium (as K2O) shall not exceed 180 pounds per acre. Limestone included with seed in the hydraulic seeding slurry shall be applied at a maximum rate of 2,200 pounds of limestone per acre. Pulverized limestone or pelletized limestone shall be the only limestone used for this application: neither granulated limestone, nor burnt lime, nor hydrated lime shall be used for hydraulic seeding.

.3. Excess fertilizer & limestone. When soil test results recommend the application of more than 2,200 lbs. of limestone per acre, or more than 90 lbs. of soluble nitrogen per acre, or more than 180 lbs. of phosphorus per acre, or more than 180 lbs. of potassium per acre, the required amounts of these materials which are in excess of these limits shall be applied with appropriate spreader equipment in one or more separate operations (see Section 9.5b).

9.5c Conventional Seeding

Conventional seeding includes the use of drop spreaders, broadcast spreaders, and other types of seed spreading equipment that do not disturb the soil surface when they distribute seed. The seed distributed by dry seeding methods shall be uniformly spread in two directions at right angles to each other, using one half of the total seed to be distributed in each direction, unless extreme slopes interfere with the safe or practical use of the seeding equipment, in which case one or more passes in the same direction shall be an acceptable substitute. After the seed is distributed, the seed shall be incorporated into the soil to an average depth of 1/8 to 1/4 inch below the soil surface. Areas which receive seed by conventional seeding methods shall be rolled with a weighted roller after seeding, so that the seed is pressed firmly into the soil.

9.5d Cultipacker Seeding

Cultipacker seeding methods include all seed distribution equipment that covers the seed with soil at the time of seeding, including drill, slot, and disk seeders. The seed distributed by cultipacker seeding methods shall be uniformly spread in two directions as right angles to each other, using one half of the total seed to be distributed in each direction, unless extreme slopes interfere with the safe or practical use of the seeding equipment, in which case one or more passes in the same direction shall be an acceptable substituted. Cultipacker seeders shall bury the seed which they distribute to an average depth of 1/8 to 1/4 inch below the soil surface, and shall firmly press the seed into the soil.

9.6 Erosion Control Seeding Regions

9.6a Seeding Regions

The erosion control seeding regions of Maryland are based on USDA Plant Hardiness Zones. The counties of Maryland have been classified according to their USDA Plant Hardiness Zone, which affects the selection of erosion control seed mix and the time of seeding. See Table F in Section 9.7.

9.6b Northwestern (USDA Zone 5b)

This region is hardy to -10 to -15 o F. Western Garrett Co.

9.6c Western (USDA Zone 6a)

This region is hardy to -5 to -10 o F. Eastern Garrett Co., western Allegany Co., west. Washington Co.

9.6d Northern (USDA Zone 6b)

This region is hardy to 0 to -5 o F. The high ridges in this region are in Zone 6a. Eastern Allegany Co., eastern Washington Co., western Carroll Co., northeastern Baltimore Co., northern Harford Co., northeastern Cecil Co., Montgomery Co., Howard Co., northern Prince Georges Co., western Anne Arundel Co.

9.6e Eastern (USDA Zone 7a)

This region is hardy to +5 to 0 oF. The low elevations/bay areas are Zone 7a. Southern Prince Georges Co., eastern Anne Arundel Co., Calvert Co., Charles Co., St. Marys Co., Baltimore City, southern and western Baltimore Co., southern Harford Co., southern Cecil Co., Kent Co., Queen Annes Co., Talbot Co., Caroline Co., Dorchester Co., Wicomico Co., western Worchester Co., Somerset Co.

9.6f Southeastern (USDA Zone 7b)

This region is hardy to +10 to +5 oF. Eastern Worcester Co., central Wicomico Co.

9.7 Erosion Control Seed Mixtures and Blends

9.7a Seed Mixtures and Blends

Erosion control seed mixtures and blends shall be selected and planted according to Table F...

Table F
Seed Mixes & Blends For Erosion Control Seedings

See important notes in Section 9.7b

MSA Seed Seed Seed Seeding USDA
Seed Mix Mix Mix Rate Site Hardiness Recommended
Mix Species Proportions

Lb./A        Lb./1000 ft2

Type Zone Seeding Dates
A Hard or Sheep Fescue 85-95% 150 3.44 Moist 5b 3/15 - 6/1 and 8/1 - 10/1
Kentucky Bluegrass 5-15% to 6a 3/15 - 6/1 and 8/1 - 10/1
Dry 6b 3/1 - 5/15 and 8/15 - 10/15
7a 3/1 - 5/15 and 8/15 - 11/15
7b 3/1 - 5/15 and 8/15 - 11/15
B Hard or Sheep Fescue 30-60% 150 3.44 Moist 5b 3/15 - 6/1 and 8/1 - 10/1
Tall Fescue 30-60% to 6a 3/15 - 6/1 and 8/1 - 10/1
Kentucky Bluegrass 5-15% Dry 6b 3/1 - 5/15 and  8/15 - 10/15
7a 3/1 - 5/15 and 8/15 - 11/15
7b 3/1 - 5/15 and 8/15 - 11/15
C Tall Fescue 85-95% 150 3.44 Moist 5b 3/15 - 6/1 and 8/1 - 10/1
Kentucky Bluegrass 5-15% 6a 3/15 - 6/1 and 8/1 - 10/1
6b 3/1 - 5/15 and 8/15 - 10/15
7a 3/1 - 5/15 and 8/15 - 11/15
7b 3/1 - 5/15 and 8/15 - 11/15
D Tall Fescue 80-100% 150 3.44 Wet 5b 3/15 - 6/1 and 8/1 - 10/1
Perennial Rye 0-20% to 6a 3/15 - 6/1 and 8/1 - 10/1
Moist 6b 3/1 - 5/15 and 8/15 - 10/15
7a 3/1 - 5/15 and 8/15 - 11/15
7b 3/1 - 5/15 and 8/15 - 11/15
E Tall Fescue or 80-90% 130 3.0 Moist 5b 3/15 - 6/1 and 8/1 - 10/1
Perennial Rye to 6a 3/15 - 6/1 and  8/1 - 10/1
plus Dry 6b 3/1 - 5/15 and  8/15 - 10/15
Crown Vetch 10-20% 7a 3/1 - 5/15 and  8/15 - 11/15
or 7b 3/1 - 5/15 and 8/15 - 11/15
Flatpea
F Weeping Lovegrass or 15-20% 25 0.055 Dry 6b 3/1 - 8/14
Lehmann Lovegrass to 7a 3/1 - 8/14
Serecia Lespedeza 80-90% v. Dry 7b 3/1 - 8/14
G Tall Fescue 80-85% 135 3.1 Dry 5b 3/15 - 10/1
Serecia Lespedeza 10-20% to 6a 3/15 - 10/1
Weeping Lovegrass or 1-3% v. Dry 6b 3/1 - 10/15
Lehmann Lovegrass 7a 3/1 - 11/15
7b 3/1 - 11/15
H Reed Canarygrass 80-90% 50 1.15 Wet 5b 3/15 - 6/1 and 8/1 - 10/1
Birdsfoot Trefoil 0- 20% to 6a 3/15 - 6/1 and 8/1 - 10/1
Roughstalk Bluegrass 0- 10% Moist 6b 3/1 - 5/15 and 8/15 - 10/15
7a 3/1 - 5/15 and 8/15 - 11/15
7b 3/1 - 5/15 and 8/15 - 11/15
I Tall Fescue 80-90% 150 3.33 Wet 5b 3/15 - 6/1 and 8/1 - 10/1
Roughstalk Bluegrass 10-20% to 6a 3/15 - 6/1 and  8/1 - 10/1
Birdsfoot Trefoil 0-10% Moist 6b 3/1 - 5/15 and  8/15 - 10/15

 

9.7b Amendments For Seed Mixtures and Blends

.1. Out of season amendments. When an erosion control seed mixture or blend is seeded out of season according to Table F (i.e., the seed mixture or blend will not be seeded during the range of seeding dates given for the seed mixture or blend), then either the seed mixture or blend shall not be used and another seed mixture or blend which is appropriate for the USDA Region of the seeding site and the seeding date shall be selected, or one of the following seed amendments shall be included with erosion control seed mix or seed blend at the time of seeding:

.2. Warm season amendments. Weeping lovegrass or Lehmann lovegrass at the rate of 2.0 pounds per acre (0.046 pounds per 1000 ft2) or foxtail millet at the rate of 10.0 pounds per acre (0.23 pounds per 1000 ft2) shall be added to the erosion control seed mixture or seed blend when an erosion control seed mixture or seed blend is planted out of season in the mid-summer months.

.3. Cool season amendments. Cereal rye at the rate of 56 pounds per acre (1.0 bushels or 1.28 pounds per 1000 ft2) shall be shall be added to the erosion control seed mixture or seed blend when an erosion control seed mixture or seed blend is planted out of season from late Fall to early Spring.

9.8 Cultivars

9.8a Grass Cultivars

The following grass cultivars are preferred for use in erosion control seedings, when seeded according to Table F. One or more cultivars of the same species may be blended. The bags of individual cultivars shall carry tags denoting them as certified seed, according to the state of origin.

Alkali Grass Fults, Salty

Alkalai grass shall be planted at the rate of 10.0 lbs per acre as a supplement to another recommended seed mix in sites which are known to have high soil pH and/or or high soil soluble salts which may not be fully dissipated at the time of seeding (see Section 1.3c, 2.3c, and 4.5)

Hard Fescue Attila, Aurora, Bardur, Biljart, Brigade, Discovery, Ecostar, Eureka, Nordic, Osprey, Pamela, Reliant, Reliant II, Scaldis, Serra, Silvania, Spartan, SR-3000, SR-3100, Valda, Vernon, Warwick.

One or more cultivars of hard fescue may be mixed with one or more cultivars of sheep fescue.

Kentucky Bluegrass Barmax, Baronie, Calibur, Dellwood, Freedom, Haga, Livingston, Merit, Midnight, Monopoly, Nu-Star, Opal, Ram I, Sophia, Voyager, Washington
Lehmann Lovegrass no varieties specified
Perennial Ryegrass Affinity, APM, Brightstar, Buccaneer, Caliente, Competitor, Cutter, Dandy, Manhattan II, Navajo, Palmer II, Pennant, Prelude II, Prizm, Repell II, Seville, Sherwood, SR-4200, Stallion Select, Yorktown III
Reed Canarygrass Ioreed, Palaton, Rise
Roughstalk Bluegrass Laser, Sabre
Sheep Fescue Bighorn, MX-86, Quatro

One or more cultivars of sheep fescue may be mixed with one or more cultivars of hard fescue.

Tall Fescue Alamo, Amigo, Apache, Apache II, Arriba, Avanti, Aztec, Barlexus, Bonanza, Bonanza II, Chieftain, Chieftain II, Cimmaron, Coyote, Crossfire, Crossfire II, Debutante, Duke, Duster, Eldorado, Falcon II, Finelawn Petite, Finelawn 5GL, Finelawn 88, Grande, Guardian, Heritage, Houndog V, Jaguar II, Jaguar 3, Lancer, Marksman, Maverick II, Monarch, Montauk, Olympic II, Palisades, Pixie, Pyramid, Rebel II, Rebel 3-D, Rebel Jr., Renegade, Safari, Shenandoah, Shortstop, Southern Choice, SR-8200, SR-8300, Starlet, Taurus, Titan, Titan 2, Tomahawk, Trailblazer II, Tribute, Virtue, Winchester, Wrangler

The cultivars, above, are turf-type cultivars; avoid forage-type and true dwarf-type cultivars

Weeping Lovegrass Morpa

9.8b Legume Cultivars

The following legume cultivars are preferred for use in erosion control seedings, when seeded according to Table F. One or more cultivars of the same species may be blended. The bags of individual cultivars shall carry tags denoting them as certified seed, according to the state of origin. 

Birdsfoot Trefoil Empire, Norcen, Viking
Crown Vetch Chemung, Emerald, Penngift
Flatpea Lathco
Serecia Lespedeza Appalow, Interstate, Interstate 76, Serala

9.9 Seed Mulches

9.9a Seed Mulch Categories

Seed mulches for erosion control groundcovers shall consist of straw, hay, wood fiber hydraulic mulch, wood cellulose fiber hydraulic mulch, wood fiber + wood cellulose fiber hydraulic mulch, and soil stabilization matting (erosion control blankets). Any of these materials, either alone or in combination, may be used as a seed mulch for erosion control seedings, as specified in Section 9.9.

9.9b Straw, Hay, Wood Fiber, Wood Cellulose Fiber Products

The composition of straw and hay used for erosion control seed mulch shall conform to the definitions of Section 7.2e and Section 7.2f. Straw and hay used for erosion control seeding shall be free of the seeds or viable plant parts of the following weeds (all are regulated according to Maryland Law): 

Balloonvine Canada Thistle Johnsongrass & hybrids Serrated Tussock
Bermudagrass Curly Thistle Musk Thistle Sicklepod
Bindweed Dodder Phragmites Spurred Anoda
Corn cockle Giant Foxtail Plumeless Thistle Wild Garlic
Cocklebur Horse Nettle Quackgrass Wild Onion

Straw and hay shall be applied according to the provisions of Section 7.4c.1., and be anchored, as appropriate, according to the specifications of Section 7.4c.2.-8. Products which contain wood fiber and/or wood cellulose fiber shall conform to the definitions of Section 7.2a-c, and be applied according to the specifications of Section 7.4a.

9.9c Erosion Control Blankets

Erosion control blankets, also known as stabilization matting products, shall have a uniform thickness and distribution of natural or biodegradable synthetic fibers or cords. Erosion control blankets shall freely allow the penetration and percolation of water, as well as the upward growth and development of seedlings of the plant species which they cover. Erosion control blankets shall contain no materials or chemicals in concentrations which inhibit the germination or growth of grasses, forbs, meadow flowers, or other seedlings when they are applied according to the manufacturers label directions. Erosion control blankets may be manufactured in any of several different forms: as a felted sheet, or a fine or coarsely woven fabric, or a loose aggregation of fibers (e.g., wood excelsior) that is held together with natural fibers or biodegradable polymer fiber netting on the top surface and/or bottom surface of its structure. Erosion control blankets shall resist rotting or decay for a minimum of six months. Erosion control blankets shall be applied according to the specifications of Section 7.4b.

9.9d Steel Staples

Steel staples shall be used to secure erosion control blankets to the soil surface. Staples shall be either of U or T shape. U shape staples shall be 11-gauge U-shaped wire, with width not less than 1.5 inches and length not less than 6.0 inches. T shape staples shall be 8-gauge T-shaped wire, with main leg not less than 8.0 inches long and secondary leg not less than 1.0 inch long and head not less than 4.0 inches wide. Steel staples shall be installed according to the label instructions of the manufacturer of the erosion control blanket, or as may be necessary to ensure that the erosion control blanket is securely held in place, so that minimal amounts of seed and/or soil are permitted to erode from the seeding site.

9.10 Site Protection, Damage Repair, and Reseeding

9.10a Site Protection

It shall be the responsibility of the seeding contractor to install signs, flagging, etc. at the perimeter of the erosion control groundcover seeding site immediately after its completion, which shall serve to notify foot and vehicular traffic that a sensitive area may be damaged by their entry. The seeding contractor shall not be financially or otherwise held liable to repair an erosion control groundcover seeding site that is damaged by the entrance of such traffic when the site has been appropriately designated with signs, flagging, etc. at its perimeter (see Disclaimer, Section 9.13).

9.10b Repairs to Damaged Areas

.1. General. It shall be the responsibility of the seeding contractor to apply effective erosion control mulch materials, and to ensure that such materials are secured to the soil so that they are not blown, washed, or otherwise removed from the seeding site, and so that nearby streams and other areas shall be protected from soil, fertilizer, compost, and the incursion of unwanted grass seed.

.2. Repairs to erosion control groundcover seeding sites. In the event of heavy rain, wind, or other natural event that causes damage to the erosion control groundcover seeding site which is of a kind or type that may have been anticipated or prevented by the seeding contractor, such as through the use of mulch, staples, tackifier, etc., then the seeding contractor shall be obliged to make repairs limited to the damaged areas within the site, including regrading, reseeding, and remulching, so that the erosion control groundcover seeding site is restored to a condition acceptable according to the specifications of Section 9.

.3. Repairs to nearby areas. In the event of heavy rain, etc. that causes damage to the erosion control groundcover seeding site, as described in Section 9.10b.2., above, and which also causes damage to nearby areas, as may be evidenced by soil deposition, straw deposition, etc. on the surfaces of the nearby areas, then the seeding contractor shall be obliged to make repairs to the damaged nearby areas, so that the nearby areas shall be restored to a condition substantially similar to their condition before the damaging event.

.4. Special limitations. The seeding contractor shall not be obliged, financially or otherwise, to regrade, reseed, remulch, or make any repairs to the erosion control groundcover seeding site, or to any nearby areas, when there is evidence that the failure of the seeding was substantially due to water, soil, or other materials which passed into the erosion control groundcover seeding site from an area which was not stabilized or under the control or supervision of the seeding contractor. Examples of situations which shall void the responsibility of the seeding contractor to repair the erosion control groundcover seeding site and nearby areas shall include the failure of responsible parties to provide effective groundcover, spillways, drainage diversions, water settlements, silt fence, etc. for areas which drain into the site, which would have prevented significant damage to the erosion control groundcover seeding site and nearby areas.

9.11 Clean Up

Grading stakes, stones, trash, and other debris which may hinder the maintenance or detract from the appearance of newly seeded erosion control groundcover seeding sites shall be removed from the site when erosion control groundcover seeding operations are completed. Soil, straw, hay, hydraulic fiber mulch, fertilizer, compost, limestone, elemental sulfur, and gypsum shall be removed from paved areas as soon as possible after spreading and seeding operations are completed. Clean up operations shall be completed before acceptance is given.

9.12 Acceptance

9.12a Acceptance of Materials

The seeding contractor shall inform all affected parties of the composition of the seed mixes, seed blends, fertilizer, compost, limestone, elemental sulfur, gypsum, and seed mulch materials which are intended for application at the erosion control groundcover seeding site before any of these materials are applied at the site; acknowledgment of acceptance of these materials shall be given by the owner, general contractor, landscape architect, or other person(s) authorized to make such a decision before spreading or seeding operations are begun. Labels and other material identification pertaining to the materials which are applied shall be retained by the seeding contractor for a minimum of 90 days after the completion of spreading and seeding operations.

9.12b Acceptance of Performance

Acknowledgment of acceptable performance shall be given by the owner, general contractor, landscape architect, or other person(s) authorized to inspect the erosion control groundcover seeding site upon the satisfactory completion of each Subsection of Section 9. The erosion control groundcover seeding site shall be inspected within 24 hours of the completion of each Subsection, as indicated by the seeding contractor, unless specified otherwise. The seeding contractor shall give notification when all Subsections of Section 9 have been completed; final acceptance and payment shall be made within 24 hours of such notification, or within the time period specified in the contract.

9.13 Disclaimer

9.13a Damage

The seeding contractor shall not be financially or otherwise held liable to repair damages incurred to the erosion control groundcover seeding site as a result of materials not applied under the supervision of the seeding contractor, nor by vandalism, nor by acts of God. The seeding contractor shall not be financially or otherwise held liable to reseed, remulch, repair or otherwise amend the seeding site as a result of the use of topsoil, fertilizer, soil amendments, seed, seed mulch or other products which are labeled in error or which are otherwise not in accordance with the label or description provided with them by the manufacturer or distributor of the products, when they are applied by the seeding contractor in good faith, in accordance with their label or description.

9.13b Hazards

It shall be recognized that the erosion control groundcover seeding site is a construction zone not under the ownership or legal control of the seeding contractor, and as such may present hazards to persons or property which enter the site. The seeding contractor specifically disclaims any and all responsibility for the safety and security of persons or property which may enter the erosion control groundcover seeding site before the seeding contractor has begun work or when work is underway or at any time after work has been completed, and without regard to whether such entry is legal or otherwise. The seeding contractor shall assume no responsibility for personal injury or property damage, nor be subject to any claims of negligence, when the seeding contractor has performed work according to the specifications of MSA-GS-99, as mutually agreed, or has applied products or materials according to the recommendations of their manufacturer or distributor.

9.14a General Guarantee

The seeding contractor shall guarantee that all seed mixtures, seed blends, seed mulches, fertilizer, compost, limestone, elemental sulfur, gypsum and other materials and application methods used at the erosion control groundcover seeding site shall be selected and used under the supervision of the seeding contractor in accordance with the specifications of Section 9, unless specified otherwise, and that those materials and methods shall be appropriate for the site and the intended use of the site. However; if seeding operations are completed outside the seeding times specified in Table F in Section 9.8, because of contractual obligations or because of delays not caused by the seeding contractor, the seeding contractor shall not be required to guarantee the success of the seeding.

9.14b Term and Limitations of Guarantee

Because the seeding contractor shall have no responsibility for providing irrigation or other post-seeding care to the erosion control groundcover seeding site, the seeding contractor shall not guarantee the development of living groundcover at the site within any timeframe, unless specified otherwise. The seeding contractor shall guarantee that the erosion control groundcover seeding shall control soil erosion for a minimum period of 60 days after the erosion control groundcover seeding is completed.

9.14c Special Guarantees

The seeding contractor shall guarantee that appropriate efforts shall be taken to control soil erosion and the loss of seed and mulch materials which are applied by the seeding contractor according to the specifications of Section 9. The seeding contractor shall endeavor to alert parties responsible for the control of water and/or soil erosion outside the seeding site which may adversely affect the success of the erosion control groundcover seeding; however, the seeding contractor shall not be obliged to identify, or report upon, or render any inadequacies fit to perform any particular purpose.

9.15 Payment

The seeding contractor shall give notification upon the completion of Section 9; the erosion control groundcover seeding site shall be inspected within 24 hours of such notification, and payment shall be made at that time, or as specified in the contract. When payment is not received within the specified time period, the seeding contractor may void any guarantees related to Section 9, and may seek appropriate legal remedies.