02 - W912DS26BA031 CHEESEQUAKE JETTY SPECS_RTA_07-08-2026.pdf

JULY 2026

US Army Corps of Engineers

New York District

EAST JETTY REHABILITATION

CHEESEQUAKE CREEK

FEDERAL NAVIGATION PROJECT

Old Bridge Township, Middlesex County, New Jersey

Design Bid Build

RTA

Project Specifications

Cheesequake Creek Jetty CHEESEQUAKECREEK

RTA W912DS26BA031

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 31 24.01 18 07/17 WATER QUALITY CERTIFICATE

00 31 32.05 18 03/18 PROJECT PHOTOGRAPHS

00 31 32.06 18 10/19 SURVEY BENCHMARK RECOVERY

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 08/15, CHG 2: 08/21 SUMMARY OF WORK

01 14 00 11/22, CHG 1: 02/23 WORK RESTRICTIONS

01 20 00 11/20, CHG 3: 02/23 PRICE AND PAYMENT PROCEDURES

01 30 00 11/20, CHG 3: 08/23 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 08/23 PROJECT SCHEDULE

01 33 00 08/18, CHG 4: 02/21 SUBMITTAL PROCEDURES

01 35 26 05/24 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 02/19, CHG 1: 08/23 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00 08/23 QUALITY CONTROL

01 45 00.15 10 11/23 RESIDENT MANAGEMENT SYSTEM CONTRACTOR

MODE (RMS CM)

01 50 00 11/20, CHG 2: 08/22 TEMPORARY CONSTRUCTION FACILITIES AND

CONTROLS

01 57 19 08/22 TEMPORARY ENVIRONMENTAL CONTROLS

01 58 00 08/19, CHG 5: 08/22 PROJECT IDENTIFICATION

01 71 23 07/25 SURVEY REQUIREMENTS

01 74 19 02/19, CHG 3: 11/21 CONSTRUCTION WASTE MANAGEMENT AND

DISPOSAL

01 78 00 05/19, CHG 1: 08/21 CLOSEOUT SUBMITTALS

DIVISION 02 - EXISTING CONDITIONS

02 27 50.00 18 01/20 FLOATING TURBIDITY BARRIER

02 41 00 08/22 DEMOLITION AND DECONSTRUCTION

DIVISION 31 - EARTHWORK

31 00 00 08/23 EARTHWORK

31 05 19.13 02/21 GEOTEXTILES FOR EARTHWORK

31 34 10 STONE-FILLED (SF) MARINE MATTRESSES

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 94 00 DUNE VEGETATION PLAN

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 29.40 STONE CONSTRUCTION

DIVISION 40 - PROCESS INTERCONNECTIONS

40 77 23 VIBRATION MONITORING SYSTEMS

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION 00 31 24.01 18

WATER QUALITY CERTIFICATE

07/17

PART 1 GENERAL

1.1 DESCRIPTION

The Water Quality Certificates attached.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

DOCUMENT 00 31 24.01 18 Page 1 07/08/26

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DOCUMENT 00 31 24.01 18 Page 2 07/08/26

September 5, 2024 Michael Oseback Chief, Operations Support Branch Department of the Army New York District, Corps of Engineers Jacob K. Javits Building 26 Federal Plaza New York, New York 10278-0090

RE: Federal Consistency Determination / Water Quality Certification Applicant: Army Corps of Engineers New York District

File and Activity No.: 1200-17-0007.1 CDT240001 Project: Cheesequake Creek, NJ, Jetty Rehabilitation Project

Dear Mr. Oseback:

This letter is forwarded in response to your request for a Federal Consistency (FC), as per Section 307 of the Federal Coastal Zone Management Act (16 USC 1451 et seq.), and Water Quality Certification (WQC) as required by Section 401 of the Federal Clean Water Act (33 USC 1251 et seq). The request included the sediment testing data as well as specifications for the rehabilitation of the eastern jetty at Cheesequake Creek on plans cited below. The project involves the removal of the existing eastern jetty, dredging approximately 17,832 cubic yards of material, to a depth of -9 feet MLLW, and construction of the new jetty to an elevation that matches the existing western jetty. Dredge material is proposed to be managed at a compatible upland placement site that is permitted and approved to accept the material.

Federal Consistency and Water Quality Certification

The Rules on Coastal Zone Management (N.J.A.C. 7:7) constitute New Jersey’s enforceable policies under its federally approved Coastal Zone Management Program. The Maintenance Dredging of the Newark Bay, New Jersey, Federal Navigation Project has been reviewed under the following Rules on Coastal Zone Management: Finfish migratory pathways (7:7-9.5), Navigation Channels (7:7-9.7), Ports (7:7-9.11), Submerged Infrastructure Routes (7:7-9.12), Historic and Archaeological Resources (7:7- 9.13), Endangered or threatened wildlife or plant species habitats (7:7-9.36 ), Maintenance dredging (7:7- 12.6), Dredged material placement on land (7:7-15.12), Marine Fish and Fisheries (7:7-16.2), and Water Quality (7:7-16.3). Based on the materials submitted within the subject federal consistency request, the Department has CONDITIONALLY determined that the dredging of this Contract is consistent with the Rules on Coastal Zone Management and New Jersey’s federally approved Coastal Management Program, provided the NY District complies with the requirements specified in the below non-HARS material section of this authorization.

New Jersey is an Equal Opportunity Employer l Printed on Recycled Paper and Recyclable

PHILIP D. MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION SHAWN M. LATOURETTE

Governor Commissioner

TAHESHA L. WAY

Lt. Governor

New Jersey is an Equal Opportunity Employer l Printed on Recycled Paper and Recyclable

Watershed & Land Management Program Mail Code 501-02A

P.O. Box 420 Trenton, New Jersey 08625-0420 www.nj.gov/dep/landuse

Beneficial Use Location for Non-HARS Material - Condition

Regarding the 17,832 CY of non-HARS material that was tested in accordance with NJDEP approved sediment sampling plan, the Army Corps of Engineers (Corps) New York (NY) District has requested that the federal consistency determination be generic in terms of the potential upland placement site(s) for this material. To address this request, the Federal Consistency will condition that the apparent low bidder shall apply for and receive an Acceptable Use Determination (AUD) prior to initiation of the project.

The application for an AUD must be submitted to the Department via email to luasu@dep.nj.gov. The application must contain: (1) a completed AUD Form (available on the Division website), (2) A description of where material from the contract will be offloaded and/or amended, (3) a letter of acceptance from the proposed placement site and a brief narrative. The proposed site must be fully permitted and approved to accept the material from the project and the material from this project must be compatible with the placement criteria of the proposed site. Please be advised that proposals to utilize a new placement site can take longer to review. The apparent low bidder is encouraged to apply for an AUD as early as possible.

PROJECT SPECIFIC CONDITIONS:

Provided that the following conditions, and the above condition for non-HARS material are met, the Department has determined that this project is not likely to cause a violation of New Jersey’s Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.). Therefore, this determination includes the State’s Water Quality Certification pursuant to Section 401 of the federal Water Pollution Control Act (33 USC 1251 et seq.) subject to the following conditions. It is noted that this Water Quality Certificate is valid for a term of five years and expires five years from the date on the first page of this determination. The conditions are listed as follows:

1. Dredging and jetty construction is prohibited from January 1 through May 31 of each year in order to protect Winter flounder during migration and spawning.

2. Dredging and jetty construction is prohibited from March 1 to June 30 of each year in order to protect migrating and spawning anadromous fishes.

3. If Horseshoe Crabs use this beach for spawning, the area should be avoided between April 15 to June 30.

4. To protect sensitive habitat for the State-listed Osprey, the Permittee shall adhere to a seasonal restriction on the use of heavy construction equipment/machinery within 300 meters of any active osprey nest along the project limit of disturbance from April 1 through August 31 of each calendar year. The initiation and implementation of work which generates disturbance (e.g., sound levels, visual interruption) that is out of character with what currently exists at or surrounding the anticipated work area during the restricted time period recommended above may result in the permittee being in violation of the “take” clause within State of New Jersey Endangered and Nongame Species Conservation Act (NJSA 23:2A-1). Please note that adherence to this seasonal restriction shall also be applied if nest building activity is observed at any given osprey nest location prior to April 1 of the given calendar year of work.

5. Atlantic loggerhead and other federally listed sea turtle species occur in New Jersey waters from

May 1 through October 31. Ideally, the permittee would adhere to a restriction on the proposed work during this timeframe in effort to avoid direct impacts to individuals and their foraging habitat. Ultimately, the DWPR ETSU shall defer to guidance anticipated to be issued by the

National Marine Fisheries Service and/or the US Fish & Wildlife Service with respect to this project and federally listed species.

6. Prior to initiation of construction, the Corps or its designated contractor shall notify Stacey VanMorter of the New Jersey Marine Resources Administration at Stacey.VanMorter@dep.nj.gov prior to the start of construction.

7. The temporary disturbance of dune and beach areas for construction access as shown on the approved plans must be restored to pre-project elevation/grade within 30 days of completion of the project. Restored dune areas must be revegetated upon completion of work with the listed species in N.J.A.C. 7:7-10.4. Any sand placed for this restoration must be clean and similar in grain size to the existing beach/dune area. Documentation/records demonstrating that the restoration was done in accordance with this condition shall be maintained and provided to DLRP within 60 days of completion of the project.

8. Dredged material shall be placed deliberately in the barge in order to prevent spillage of material overboard.

9. All barges or scows used to transport sediment shall be of solid hull construction or be sealed with concrete.

10. The gunwales of the dredge scows shall not be rinsed or hosed during dredging except to the extent necessary to ensure the safety of workers maneuvering on the dredge scow.

11. REPORTING REQUIREMENTS: Within 3 months of completion of the project, the permittee shall submit the start/finish date of the work order and the post-dredge hydrographic survey to the Department.

APPROVED PLANS:

The drawing(s) hereby approved consists of five (5) sheets entitled: “EAST JETTY REHABILITATION OF CHEESEQUAKE CREEK, NEW JERSEY FEDERAL NAVIGATION PROJECT,” dated December 19, 2023

a. “VH-101,” sheet 1 of 5,

b. “VH-102,” sheet 2 of 5,

c. “VH-103,” sheet 3 of 5,

d. “Untitled,” sheet 4 of 6, and

e. “VH-105,” sheet 5 of 5.

If you have any questions regarding this letter, please contact Gary Nickerson by email at gary.nickerson@dep.nj.gov. Please reference the Division’s file number in all communication.

Sincerely, Colleen Keller, Assistant Director Division of Land Resource Protection

Federal Interagency Comment Form

Date: 7/10/24

Project: Cheesequake Creek, NJ, Federal Navigation Project - Jetty Rehabilitation

Appl No.: n/a

Commenting Agency: NOAA Fisheries, Habitat and Ecosystem Services Division (HESD)

Action Agency Project Manager: Amy Mistry

Waterway: Cheesequake Creek/Raritan Bay, Laurence Harbor, NJ

Activity: Rehabilitate/replace the ineffective eastern jetty at the entrance to Cheesequake Creek

ESSENTIAL FISH HABITAT (EFH)

Project may adversely affect EFH.

ESSENTIAL FISH HABITAT CONSERVATION RECOMMENDATIONS: (Note: EFH CRs require a response from the federal action agency within 30 days of receipt or 10 days before a permit is issued if CRs are not included as a special condition of the permit. In addition, a distinct and further EFH consultation must be reinitiated pursuant to 50 CFR 600.920 (j) if new information becomes available, or if the project is revised in such a manner that affects the basis for the above EFH determination or EFH conservation recommendations.)

1. Avoid in-water activities from March 1 through June 30th to minimize impacts to migrating anadromous fish.

Migrating anadromous fish such as alewife and blueback herring, collectively river herring, are prey items for federally managed species such as juvenile bluefish, windowpane flounder, and summer flounder.

2. Avoid in-water activities from January 1through May 31 to minimize impacts to winter flounder early life stages (i.e. eggs, larvae).

3. The New Jersey Marine Resources Administration conducts a sampling of finfish within Raritan Bay and may have a sampling station in the intertidal area adjacent to the eastern jetty. We recommend you contact the project manager to advise them of your proposed construction timeline. Please contact Stacy VanMorter -stacy.vanmorter@dep.nj.gov.

FISH AND WILDLIFE COORDINATION ACT COMMENTS

See comments above.

ENDANGERED SPECIES

Threatened or endangered species under the jurisdiction of NMFS may be present in the project area. The federal action agency will be responsible for determining whether the proposed action may affect listed species. If they determine that the proposed action may affect a listed species, they should submit their determination of effects, along with justification and a request for concurrence to the attention of the Section 7 Coordinator, NMFS, Greater Atlantic Regional Fisheries Office, Protected Resources Division, 55 Great Republic Drive, Gloucester, MA 01930 or nmfs.gar.esa.section7@noaa.gov. If you have any questions regarding these comments, please contact Edith Carson-Supino (978-282-8490; Edith.Carson-supino@noaa.gov).

OTHER:

1. Comply with State permit conditions, as applicable.

2. Send NOAA Fisheries GARFO HESD a copy of the permit when issued.

Prepared by: ____Kira Dacanay___________________________________ Date: ___7/10/24_________ mailto:nmfs.gar.esa.section7@noaa.gov mailto:Edith.Carson-supino@noaa.gov

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1 – Updated January 2024

GARFO ESA Section 7: NLAA Program Verification Form (Please submit a signed version of this form, together with any project plans, maps, supporting analyses, etc., to nmfs.gar.esa.section7@noaa.gov with "USACE NLAA Program: [Application Number]” in the subject line)

Section 1: General Project Details

Application Number:

Reinitiation:

Applicant(s):

Permit Type:

Anticipated project start date (e.g., 10/1/2020)

Anticipated project end date (e.g., 12/31/2022 – if there is no permit expiration date, write “N/A”)

Project Type/Category (check all that apply to entire action):

Aquaculture (shellfish) and artificial Mitigation (fish/wildlife enhancement or ☐ reef creation ☐ restoration)

Dredging and disposal/beach Bank stabilization ☐ nourishment ☐

Piers, ramps, floats, and other If other, describe project type category:

☐ structures ☐

Town/City: Zip:

State: Water body:

2 – Updated January 2024

Project/Action Description and Purpose (include relevant permit conditions that are not captured elsewhere on form):

Type of Bottom Habitat Modified: Permanent/Temporary: Area (acres):

Project Latitude (e.g., 42.625884) Project Longitude (e.g., -70.646114) Mean Low Water (MLW)(m) Mean High Water (MHW)(m) Width (m) of water body in action area:

Stressor Category (stressor that extends furthest distance into water body – e.g., turbidity plume; sound pressure wave):

Max extent (m) of stressor into the water body:

Section 2: ESA-listed species and/or critical habitat in the action area:

Atlantic sturgeon (all DPSs) Kemp’s ridley sea turtle

Atlantic sturgeon critical habitat Loggerhead sea turtle ☐ Indicate which DPS : ☐ (NW Atlantic DPS)

Shortnose sturgeon Leatherback sea turtle

☐ Atlantic salmon (GOM DPS) ☐ North Atlantic right whale Atlantic salmon critical habitat North Atlantic right whale

☐ (GOM DPS) ☐ critical habitat

Green sea turtle (N. Atlantic DPS) Fin whale

* Please consult GARFO PRD’s ESA Section 7 Mapper for ESA-listed species and critical habitat information for your action area at: https://www.fisheries.noaa.gov/new-england-mid-atlantic/consultations/section-7-species-critical-habitat-information-maps-greater.

3 – Updated January 2024

Section 3: NLAA Determination (check all applicable fields):

If the Project Design Criteria (PDC) is met, select Yes. If the PDC is not applicable (N/A) for your project (e.g., the stressor category is not included for your project activity, or for PDC 2, your project does not occur within the range of the GOM DPS of Atlantic salmon), select N/A. If the PDC is applicable, but is not met, leave both boxes blank and provide a justification for that PDC in Section 4.

a) GENERAL PDC

Yes N/A PDC # PDC Description

☐ 1. No portion of the proposed action will individually or cumulatively have an adverse effect on ESA-listed species or designated critical habitat.

☐ ☐ 2. No portion of the proposed action will occur in the tidally influenced portion of rivers/streams where Atlantic salmon presence is possible from April 10–November 7.

Note: If the project will occur within the geographic range of the GOM DPS Atlantic salmon but their presence is not expected following the best available commercial scientific data, the work window does not need to be applied (include reference in project description).

☐ ☐ 3. No portion of the proposed action that may affect shortnose or Atlantic sturgeon will occur in areas identified as spawning grounds as follows:

i. Gulf of Maine: April 1–Aug. 31

ii. Southern New England/New York Bight: Mar. 15–Aug. 31

iii. Chesapeake Bay: March 15–July 1 and Sept. 15–Nov. 1

Note: If river specific information exists that provides better or more refined time of year information, those dates may be substituted with NMFS approval (include reference in project description).

☐ ☐ 4. No portion of the proposed action that may affect shortnose or Atlantic sturgeon will occur in areas identified as overwintering grounds, where dense aggregations are known to occur, as follows:

i. Gulf of Maine: Oct. 15–April 30

ii. Southern New England/ New York Bight: Nov. 1–Mar. 15

iii. Chesapeake Bay: Nov. 1–Mar. 15

Note: If river specific information exists that provides better or more refined time of year information, those dates may be substituted with NMFS approval (include reference in project description).

☐ ☐ 5. Within designated Atlantic salmon critical habitat, no portion of the proposed action will affect spawning and rearing areas (PBFs 1-7).

☐ ☐ 6. Within designated Atlantic sturgeon critical habitat, no work will affect hard bottom substrate (e.g., rock, cobble, gravel, limestone, boulder, etc.) in low salinity waters (i.e., 0.0-0.5 parts per thousand) (PBF 1).

4 – Updated January 2024

Yes N/A PDC # PDC Description

☐ 7. Work will result in no or only temporary/short-term changes in water temperature, water flow, salinity, or dissolved oxygen levels.

☐ 8. If ESA-listed species are (a) likely to pass through the action area at the time of year when project activities occur; and/or (b) the project will create an obstruction to passage when in-water work is completed, then a zone of passage (~50% of water body) with appropriate habitat for ESA-listed species (e.g., depth, water velocity, etc.) must be maintained (i.e., physical or biological stressors such as turbidity and sound pressure must not create barrier to passage).

☐ ☐ 9. Any work in designated North Atlantic right whale critical habitat must have no effect on the physical and biological features (PBFs).

☐ 10. The project will not adversely impact any submerged aquatic vegetation

(SAV).

☐ 11. No blasting or use of explosives will occur.

b) The following stressors are applicable to the action (check all that apply – use Stressor Category Table for guidance):

☐ Sound Pressure

☐ Impingement/Entrapment/Capture

☐ Turbidity/Water Quality

☐ Entanglement (Aquaculture)

☐ Habitat Modification

☐ Vessel Traffic

Stressor Category Activity Category

Sound Pressure

Impingement/ Entrapment/ Capture

Turbidity/ Water Quality

Entanglement Habitat Mod.

Vessel Traffic

Aquaculture (shellfish) and artificial reef creation

N N Y Y Y Y

Dredging and disposal/beach nourishment

N Y Y N Y Y

5 – Updated January 2024

c) SOUND PRESSURE PDC

Information for Pile Driving:

If your project includes pile driving of any kind, please attach your calculation to this verification form to verify that it fits within the scope of the behavioral/injury threshold analysis for ESA-listed species in the action area. The NMFS Office of Protected Resources Acoustic Calculator is available as one source, should you not have other information:

https://www.fisheries.noaa.gov/new-england-mid-atlantic/consultations/section-7-effects-analysis-acoustics-greater-atlantic-region

Pile material Pile Number Installation method diameter/width of piles (inches)

a) b) c) d)

Activity Category

Sound Pressure

Impingement/ Entrapment/ Capture

Turbidity/ Water Quality

Entanglement Habitat Mod.

Vessel Traffic

Piers, ramps, floats, and other structures

Y N Y N Y Y

Transportation and development (e.g., culvert construction, bridge repair)

Y N Y N Y Y

Mitigation (fish/wildlife enhancement or restoration)

N N Y N Y Y

Bank stabilization and dam maintenance

Y N Y N Y Y

Stressor Category https://www.fisheries.noaa.gov/new-england-mid-atlantic/consultations/section-7-effects-analysis-acoustics-greater-atlantic-region

6 – Updated January 2024

☐ ☐ 12. If pile driving is occurring during a time of year when ESA-listed species may be present, and the anticipated noise is above the behavioral noise threshold, a “soft start” is required to allow animals an opportunity to leave the project vicinity before sound pressure levels increase. In addition to using a soft start at the beginning of the work day for pile driving, one must also be used at any time following cessation of pile driving for a period of 30 minutes or longer.

For impact pile driving: pile driving will commence with an initial set of three strikes by the hammer at 40% energy, followed by a one minute wait period, then two subsequent 3-strike sets at 40% energy, with one-minute waiting periods, before initiating continuous impact driving.

For vibratory pile installation: pile driving will be initiated for 15 seconds at reduced energy followed by a one-minute waiting period. This sequence of 15 seconds of reduced energy driving, one-minute waiting period will be repeated two additional times, followed immediately by pile-driving at full rate and energy.

☐ ☐ 13. Any new pile supported structure must involve the installation of ≤ 50 piles (below MHW).

☐ ☐ 14. All underwater noise (pressure) is below (<) the physiological/injury noise threshold for ESA-species in the action area.

d) IMPINGEMENT/ENTRAINMENT/CAPTURE PDC

Information for Dredging/Disposal:

Type of dredge:

Maintenance dredging?: If “Yes”, how many acres?

If maintenance, when was the last dredge cycle?

New dredging: If “Yes”, how many acres?

Estimated number of dredging events covered by permit:

ESA-species exclusion measures required (e.g., cofferdam, turbidity curtain):

If no exclusion measures required, explain why:

Information for Intake Structures:

Mesh screen size (mm) for temporary intake:

7 – Updated January 2024

☐ ☐ 15. Only mechanical, cutterhead, and low volume hopper (e.g., CURRITUCK, ~300 cubic yard maximum bin capacity) dredges may be used.

☐ ☐ 16. No new dredging in Atlantic sturgeon or Atlantic salmon critical habitat

(maintenance dredging still must meet all other PDCs). New dredging outside Atlantic sturgeon or salmon critical habitat is limited to one time dredge events (e.g., burying a utility line) and minor (≤ 2 acres) expansions of areas already subject to maintenance dredging (e.g., marina/harbor expansion).

☐ ☐ 17. Work behind cofferdams, turbidity curtains, or other methods to block access of animals to dredge footprint is required when operationally feasible or beneficial and ESA-listed species are likely to be present (if presence is limited to rare, transient individuals, exclusion methods are not necessary).

☐ ☐ 18. Temporary intakes related to construction must be equipped with appropriate sized mesh screening (as determined by GARFO section 7 biologist and/or according to Chapter 11 of the NOAA Fisheries Anadromous Salmonid Passage Facility Design) and must not have greater than 0.5 fps intake velocities, to prevent impingement or entrainment of any ESA-listed species life stage.

☐ ☐ 19. No new permanent intake structures related to cooling water, or any other inflow at facilities (e.g. water treatment plants, power plants, etc.).

e) TURBIDITY/WATER QUALITY PDC

Information for Turbidity Producing Activity (excluding disposal):

ESA-species turbidity control measures required (e.g., turbidity curtain):

If no turbidity control measures required, explain why:

Information for Dredged Material Disposal:

Disposal site:

Estimated number of trips to disposal site:

Relevant disposal site permit/special conditions required (NAE: for offshore disposal, include Group A, B, C, or relevant Long Island Sound consultation):

Yes N/A PDC # PDC Description ☐ ☐ 20. Work behind cofferdams, turbidity curtains, or other methods to control turbidity is required when operationally feasible or beneficial and ESA-listed species are likely to be present (if presence is limited to rare, transient individuals, turbidity control methods are not necessary).

☐ ☐ 21. In-water offshore disposal may only occur at designated disposal sites that have been the subject of ESA section 7 consultation with NMFS, where a valid consultation is in place and appropriate permit/special conditions are included.

https://archive.fisheries.noaa.gov/wcr/publications/hydropower/fish_passage_design_criteria.pdf

8 – Updated January 2024

☐ ☐ 22. Any temporary discharges must meet state water quality standards (e.g., no discharges of substances in concentrations that may cause acute or chronic adverse reactions, as defined by EPA water quality standards criteria).

☐ ☐ 23. Only repair, upgrades, relocations and improvements of existing discharge pipes or replacement in-kind are allowed; no new construction of untreated discharges.

f) ENTANGLEMENT PDC

Information for Aquaculture Projects:

Approximate distance from shore (MHW)(m):

Grow season begins (approximate):

Grow season ends (approximate):

Total number of vertical lines:

Total number of horizontal lines:

Is any gear seasonally removed from the water? If yes, which parts and when?

Aquaculture Gear Acreage (total Type of Shellfish Cultivated permit footprint)

a) b) c) Yes N/A PDC # PDC Description ☐ ☐ 24. Shell on bottom <50 acres with maximum of 4 corner marker buoys;

☐ ☐ 25. Cage on bottom with no loose floating lines <5 acres and minimal vertical lines (1 per string of cages, 4 corner marker buoys);

☐ ☐ 26. Floating cages in <3 acres in waters and shallower than -10 feet MLLW with no loose lines and minimal vertical lines (1 per string of cages, 4 corner marker buoys);

☐ ☐ 27. Floating upweller docks in >10 feet MLLW.

☐ ☐ 28. Any in-water lines, ropes, or chains must be made of materials and installed in a manner to minimize or avoid the risk of entanglement by using thick, heavy, and taut lines that do not loop or entangle. Lines can be enclosed in a rigid sleeve.

g) HABITAT MODIFICATION PDC

Yes N/A PDC # PDC Description ☐ ☐ 29. No conversion of habitat type (soft bottom to hard, or vice versa) for aquaculture or reef creation.

Section 4: Justification for Review under the NLAA Program

If the action is not in compliance with all of the General PDC and appropriate stressor PDC, but you can provide justification and/or special conditions to demonstrate why the project still meets the NLAA determination and is consistent with the aggregate effects considered in the programmatic consultation, you may still certify your project through the NLAA program using

9 – Updated January 2024

h) VESSEL TRAFFIC PDC

Information for Vessel Traffic:

Temporary Project Vessel Type Number of Vessels

a) b) c)

Type of Non-Commercial or Aquaculture Number of Vessels Vessels Added (if sum > 2, PDC 33 is not met and justification

– only include if there is a net increase required in Section 4) directly/indirectly resulting from project)

a) b)

Type of Commercial Vessels Added Number of Vessels (only include if there is a net increase (if > 0, PDC 33 is not met and justification directly/indirectly resulting from project) required in Section 4)

a) b) If no temporary/permanent vessel traffic, briefly explain (e.g., all land-based work, no net increase in vessel traffic) Yes N/A PDC # PDC Description ☐ ☐ 30. Maintain project vessels operating within the action area to speed limits below

10 knots and dredge vessel speeds of 4 knots maximum, while dredging.

☐ ☐ 31. Maintain a 1,500-foot buffer between project vessels and ESA-listed whales and a 150-foot buffer between project vessels and sea turtles unless the vessel is navigating to an in-water disposal site/activity. If the vessel is navigating to an in-water disposal site/activity, refer to and include the conditions contained in the appropriate GARFO-USACE/EPA consultation for the disposal site.

☐ ☐ 32. The number of project vessels must be limited to the greatest extent possible, as appropriate to size and scale of project.

☐ ☐ 33. The permanent net increase in vessels resulting from a project (e.g., dock/float/pier/boating facility) must not exceed two non-commercial vessels.

A project must not result in the permanent net increase of any commercial vessels (e.g., a ferry terminal).

10 – Updated January 2024 this verification form. Please identify which PDC your project does not meet (e.g., PDC 9, PDC 15, PDC 22, etc.) and provide your rationale and justification for why the project is still eligible for the verification form.

To demonstrate that the project is still NLAA, you must explain why the effects on ESA-listed species or critical habitat are insignificant (i.e., too small to be meaningfully measured or detected) or discountable (i.e., extremely unlikely to occur). Please use this language in your justification.

PDC# Justification

11 – Updated January 2024

Section 5: USACE Verification of Determination

☐ In accordance with the NLAA Program, USACE has determined that the action complies with all applicable PDC and is not likely to adversely affect listed species.

☐ In accordance with the NLAA Program, the USACE has determined that the action is not likely to adversely affect listed species per the justification and/or special conditions provided in Section 4.

USACE Signature: Date:

Section 6: GARFO Concurrence

☐ In accordance with the NLAA Program, GARFO PRD concurs with USACE’s determination that the action complies with all applicable PDC and is not likely to adversely affect listed species or critical habitat.

☐ In accordance with the NLAA Program, GARFO PRD concurs with USACE’s determination that the action is not likely to adversely affect listed species or critical habitat per the justification and/or special conditions provided in Section 4.

☐ GARFO PRD does not concur with USACE’s determination that the action complies with the applicable PDC (with or without justification), and recommends an individual Section 7 consultation to be completed independent from the NLAA Program.

GARFO Signature: Date:

SECTION 00 31 32.05 18

PROJECT PHOTOGRAPHS

03/18

PART 1 GENERAL

1.1 DESCRIPTION

Existing Timber Groin Photos and Seawall Photos attached.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 31 32.05 18 Page 1 07/08/26

DOCUMENT 00 31 32.05 18 Page 2 07/08/26

EXISTING SEAWALL PHOTOS

SECTION 00 31 32.06 18

SURVEY BENCHMARK RECOVERY

10/19

PART 1 GENERAL

1.1 DESIGNATION

X 36

PID: KV0770

COE PID: ACJ177

Location Scaled Elevation: 10.11' (NAVD88)

Point held for bench loop done on 20240528 FB 1053 P 109.

Point held for Bench loop done on 6/15/2012 FB 14286 P 15.

http://www.ngs.noaa.gov/cgi-bin/ds_mark.prl?PidBox=KV0770

Cheesequake Proj: NJM X: 559585.235 Y: 593498.820 Locations from NY DOT RTN shot done on 20240528.

Elevation: 8.26' (NAVD88)

Bench loop check done on 20240528 FB 1053 P 109 (holding X 36).

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 31 32.06 18 Page 1 07/08/26

DOCUMENT 00 31 32.06 18 Page 2 07/08/26

EXISTING TIMBER GROIN PHOTOS

SECTION 01 11 00

SUMMARY OF WORK

08/15, CHG 2: 08/21

PART 1 GENERAL

1.1 FAR 52.211-10, COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

a. The Contractor must be required to (i) commence work under this contract within 5 calendar days after the date the Contractor receives the Notice to Proceed (NTP), (ii) prosecute the work diligently, and

(iii) complete the entire work ready for use not later than 550 calendar days after the date the Contractor receives the notice to proceed. The date stated for completion must include final cleanup of the premises.

b. All work must be in accordance with the drawings and specifications or instructions attached hereto and made a part thereof, or to be furnished hereafter by the Contracting Officer and subject, in every detail, to his supervision, direction, and instructions.

1.2 SUBMITTALS

Government approval is required for submittals with a "G" or "S" classification. Submittals not having a "G" or "S" classification are for Contractor Quality Control approval. Submittals not having a "G" or "S" classification are for information only. When used, a code following the "G" classification identifies the office that will review the submittal for the Government. Submit the following in accordance with Section

01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Utility Crossing Plan ; G, RO

1.3 WORK COVERED BY CONTRACT DOCUMENTS

1.3.1 Project Description

The work includes replacement/rehabilitation of the 100+ year old jetty.

1.3.2 Location

The work is located at the Cheesequake Creek, New Jersey, approximately as indicated in the drawing plan. The exact location will be shown by the Contracting Officer.

1.4 DFARS 236.204, DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS

This project is estimated between $10,000,000.00 and $25,000,000.00

1.5 AUTHORIZED CONSTRUCTION AREA AND TRESPASSING

Do not inflict damage upon land and properties outside the authorized construction area by unwarranted entry upon, passage through, damage to, or disposal of, material on such land or property. The Contractor may

SECTION 01 11 00 Page 1 07/08/26 make a separate agreement with any other party, regarding the use of, or right to, land or facilities outside the contract area. If such an agreement is made, it must be in writing and a copy must be provided to the Contracting Officer. The Contractor must hold and save the Government, its officers, and agents free from liability arising from trespassing or damage occasioned by his operations.

1.6 EXISTING WORK

In addition to FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements:

a. Remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work which remain.

b. Repair or replace portions of existing work which have been altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer. At the completion of operations, existing work must be in a condition equal to or better than that which existed before new work started.

c. The Contractor must be responsible for the repair, restoration, or for all cost of damage resulting therefrom. If the Contractor elects to have alterations made to any existing structure, utility, dune, road, or other improvements, contractor must make arrangements with the owner of the facility for such alteration and the arrangements must be approved by the Contracting Officer prior to making alterations.

Repair and restoration must comply with contract requirements and must also be approved by the Contracting Officer

d. Refer to Old Bridge Municipal Utility Authority Sewer Force Main as-built drawing attached with this solicitation. Coordination with the Municipal Authority must be done before crossing of existing sewer force main, or excavation within the vicinity of sewer force main occurs. A utility crossing plan must be submitted for approval by the municipal authority and COR.

e. Conduct pre-construction survey of existing structures, pavements, vegetation and trees within the Project Area. Condition of existing structures and vegetation must be documented in a report with photographs showing existing conditions of structures, pavement and vegetation. Existing trees within the Project Area should be documented in the report with photographs, species ID and tree Diameter at Breast Height (DBH). If tree is removed, the Contractor is responsible for the replacement of removed tree consistent with NJDEP and Middlesex County Tree Replacement Formula attached.

f. Upon completion of construction activities, the Contractor must perform a Post-Construction Survey of structures, pavements, vegetation and trees within the Project Area. The report will document any damages to existing structures, pavement and vegetation as a result of Contractor activities within the Project Area.

1.7 LOCATION OF UNDERGROUND UTILITIES

Obtain digging permits prior to start of excavation, and comply with Installation requirements for locating and marking underground utilities.

Contact local utility locating service a minimum of 48 hours prior to excavating, to mark utilities, and within sufficient time required if work

SECTION 01 11 00 Page 2 07/08/26 occurs on a Monday or after a Holiday. Verify existing utility locations indicated on contract drawings, within area of work.

Identify and mark all other utilities not managed and located by the local utility companies. Scan the construction site with Ground Penetrating Radar (GPR), electromagnetic, or sonic equipment, and mark the surface of the groundor paved surface where existing underground utilities are discovered. Verify the elevations of existing piping, utilities,and any type of underground or encased obstruction not indicated, or specified to be removed, that is indicated or discovered during scanning, in locations to be traversed by piping, ducts, and other work to be conducted or installed. Verify elevations before installing new work closer than nearest manhole or other structure at which an adjustment in grade can be made.

1.7.1 Notification Prior to Excavation

Notify the Contracting Officer at least 15 days prior to starting excavation work.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

SECTION 01 11 00 Page 3 07/08/26

SECTION 01 14 00

WORK RESTRICTIONS

11/22, CHG 1: 02/23

PART 1 GENERAL

1.1 SUBMITTALS

Government approval is required for submittals with a "G" or "S" classification. Submittals not having a "G" or "S" classification are for information only. When used, a code following the "G" classification identifies the office that will review the submittal for the Government.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

List of Contact Personnel

1.2 CONTRACTOR ACCESS AND USE OF PREMISES

1.2.1 Activity Regulations

Ensure that Contractor personnel employed on the Project site become familiar with and obey Activity regulations including safety, fire, traffic and security regulations. Keep within the limits of the work and avenues of ingress and egress. Wear appropriate personal protective equipment (PPE) in designated areas. Do not enter any restricted areas unless required to do so and until cleared for such entry. Ensure all Contractor equipment, include delivery vehicles, are clearly identified with their company name.

1.2.1.1 Subcontractors and Personnel Contacts

Provide a list of contact personnel of the Contractor and subcontractors including addresses and telephone numbers for use in the event of an emergency. As changes occur and additional information becomes available, correct and change the information contained in previous lists.

1.2.1.2 No Smoking Policy

Smoking is prohibited within and outside of project site, except in designated smoking areas. Discarding tobacco materials other than into designated tobacco receptacles is considered littering and is subject to fines. The Contracting Officer will identify designated smoking areas.

1.2.2 Working Hours

Regular working hours will consist of an 8 1/2 hour period , between 7 a.m. and 3:30 p.m., Monday through Friday, excluding Government holidays.

Dredging and Jetty Construction is prohibited from January 1st through June 30th to protect Winter Flounders, anadromous fishes and horseshoe crabs. Refer to Section 00 31 24.01 18 WATER QUALITY CERTIFICATE and Essential Fish Habitat (EFH) attachement for additional seasonal restriction.

SECTION 01 14 00 Page 1 07/08/26

1.2.3 Work Outside Regular Hours

Work outside regular working hours requires Contracting Officer approval.

Make application 15 calendar days prior to such work to allow arrangements to be made by the Government for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number and project title. Based on the justification provided, the Contracting Officer may approve work outside regular hours. During periods of darkness, the different parts of the work must be lighted in a manner approved by the Contracting Officer.

1.2.4 Coordination

Contractor access over the Old Bridge Municipal Utility Authority Sewer Force Main must be coordinated with the Municipal Authority and approved by the COR.

1.2.5 Utility Cutovers and Interruptions

a. Make utility cutovers and interruptions after normal working hours or on Saturdays, Sundays, and Government holidays.

b. Ensure that new utility lines are complete, except for the connection, before interrupting existing service.

c. Interruption to water, sanitary sewer, storm sewer, telephone service, electric service, are considered utility cutovers pursuant to the paragraph WORK OUTSIDE REGULAR HOURS.Such interruptions are further limited to 4 hours. This time limit includes time for deactivation and reactivation.

1.3 STONE PLACEMENT SEQUENCING

Refer to Section 35 31 29.40 STONE CONSTRUCTION for Sea Wall Armor Stone Placement Sequencing.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

SECTION 01 14 00 Page 2 07/08/26

SECTION 01 20 00

PRICE AND PAYMENT PROCEDURES

11/20, CHG 3: 02/23

PART 1 GENERAL

1.1 SUBMITTALS

Government approval is required for submittals with a "G" or "S" classification. Submittals not having a "G" or "S" classification are for information only. When used, a code following the "G" classification identifies the office that will review the submittal for the Government.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-03 Product Data

Weight Certificates

1.2 UNIT PRICE PAYMENT ITEMS

Payment items for the work of this Contract on which the Contract unit price payments will be made are listed in the BIDDING SCHEDULE and described below. The unit price and payment made for each item listed constitutes full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for each of the unit price items.

1.3 SINGLE JOB PAYMENT ITEMS

Payment items for the work of this Contract for which Contract job payments will be made are listed in the BIDDING SCHEDULE and described below. All costs for items of work, which are not specifically mentioned to be included in a particular job or unit price payment item, are included in the listed job item most closely associated with the work involved. The job price and payment made for each item listed constitutes full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

1.4 Mobilization and Demobilization

1.4.1 Mobilization

Mobilization shall include all costs for preparatory work and operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site, and other work performed prior to actual commencement of work. The Contractor shall furnish and set up necessary general facilities, as are required by local, county, state or Federal laws, regulations or codes. The cost of required insurance and bonds and/or any other similar significant initial expense required for the initiation of the contract work shall be included in this item. The determination of the adequacy of the Contractor's facilities, except as required by local, county, state or Federal laws or regulations, shall be

SECTION 01 20 00 Page 1 07/08/26 made by the Contractor.

1.4.2 Demobilization

Demobilization shall consist of all activities and costs for movement of personnel, equipment, and supplies/materials not used in this contract, including the disassembly, removal and site cleanup of any temporary offices, or other facilities assembled on the site for this contract. Upon completion of work, the Contractor shall restore all access areas to the same or otherwise specified condition.

The Contractor shall mark the positions of each grade stake, and to remove them after completion of the project. Contractor shall be held responsible for accounting for 100% removal of all grade stakes, as they pose a serious public safety hazard as the fill erodes and any remaining stakes become exposed in the surf. All stakes should be metal pipes, so that they can be pulled out intact, and located with a metal detector, if necessary.

1.4.3 Payment

All costs connected with the mobilization and demobilization of the Contractor's personnel, equipment, supplies, and materials will be paid for the contract lump sum price for this item. Sixty percent (60%) of the lump sum price will be paid to the Contractor upon completion of his mobilization to the work site. The remaining forty percent (40%) will be included in the final payment for work under this contract.

1.4.4 Unit of Measure

Unit of measure: job.

1.5 Rehabilitation of East Jetty

1.5.1 Removal And Disposal Of Debris From Jetty Footprint

1.5.1.1 Payment

Payment will be made for costs associated with all the work and operations necessary for Removal and Disposal of Unsuitable Stone, and Timber Cribbing under existing jetty stone. Unsuitable stones include removal of deteriorated seawall at the root of the jetty and removal of existing jetty stone at the head of the jetty to accommodate marine mattress installation. Intact sections of the seawall shall not be disturbed.

1.5.1.2 Unit of Measure

Unit of measure: job.

1.5.2 Armor Stone

1.5.2.1 Payment

Payment will be in accordance with Section 35 31 29.40 STONE CONSTRUCTION

1.5.2.2 Measurement

Measure stone for payment by the ton (2,000 pounds) by weighing each truckload to the nearest 0.1 ton, and the final quantity of the whole sum

SECTION 01 20 00 Page 2 07/08/26 is rounded to the nearest whole ton. Weigh the stone for payment on approved scales before being placed in the work. Use scales of sufficient length to permit simultaneous weighing all axle loads. Scales must be inspected, tested and sealed as directed to assure accuracy with 0.5 percent throughout the range of the scales. Certify scales located at the site of the work as to accuracy by an acceptable scales company representative prior to weighing any stone. Scales will be checked and certified before stone hauling and rechecked and recertified whenever a variance is suspected. Furnish the scales. If commercial scales are readily available in close proximity, 10 miles of site of work, the Contracting Officer may approve the use of the scales. Weigh stone in the presence of the Government representative. The Contracting Officer may elect to accept certified weight certificates furnished by a public weighmaster in lieu of scale weights at the jobsite.

1.5.2.3 Unit Of Measure

Unit of Measure: TON

1.5.3 Bedding Stone

1.5.3.1 Payment

Payment will be in accordance with Section 35 31 29.40 STONE CONSTRUCTION

1.5.3.2 Measurement

Measure stone for payment by the ton (2,000 pounds) by weighing each truckload to the nearest 0.1 ton, and the final quantity of the whole sum is rounded to the nearest whole ton. Weigh the stone for payment on approved scales before being placed in the work. Use scales of sufficient length to permit simultaneous weighing all axle loads. Scales must be inspected, tested and sealed as directed to assure accuracy with 0.5 percent throughout the range of the scales. Certify scales located at the site of the work as to accuracy by an acceptable scales company representative prior to weighing any stone. Scales will be checked and certified before stone hauling and rechecked and recertified whenever a variance is suspected. Furnish the scales. If commercial scales are readily available in close proximity, 10 miles of site of work, the Contracting Officer may approve the use of the scales. Weigh stone in the presence of the Government representative. The Contracting Officer may elect to accept certified weight certificates furnished by a public weighmaster in lieu of scale weights at the jobsite.

1.5.3.3 Unit Of Measure

Unit of Measure: TON

1.6 Stone Filled (SF) Marine Mattresses

1.6.1 Payment

All costs, including geotextile fabric, in connection with SF marine mattresses satisfactorily placed and accepted, shall be included in the contract unit price for the Bid Item titled No. 0003, Stone Filled (SF) Marine Mattresses. Deductions from those quantities will be made for mattresses placed outside the construction tolerances specified herein.

SECTION 01 20 00 Page 3 07/08/26

1.6.2 Measurement

Measurement for SF Marine Mattresses will be the amount of mattress installed in square feet. Quantity for payment shall be measured by a survey of the placed SF marine mattresses. The reference datum shall be

NAVD88.

1.6.3 Unit of Measure

Unit of measure: Square Feet

1.7 Timber Debris Removal

1.7.1 Payment

Payment will be made for costs associated with all the work and operations necessary for removal of the existing Timber Debris adjacent to the existing jetty as shown on the Contract Drawing.

1.7.2 Unit of Measure

Unit of measure: Job.

1.8 Vibration Monitoring

1.8.1 Payment

Payment will be…