Tyler Dam Addendum No. 1 Jun10-2026.pdf

Tyler Dam Rehabilitation Project, Middlesex County, MA

ADDENDUM NO. 1

To: All Plan Holders

Tyler Dam Rehabilitation Project

Project Location: Middlesex County, Massachusetts

From: Mark Domingo – Contract Specialist, USDA

Eric Fromherz – GFT Infrastructure, Inc.

Re: ADDENDUM NO. 1 (ADDENDUM)

Date: June 5, 2026

Please find the following ADDENDUM for the Tyler Dam Rehabilitation Project which is to be included as part of the Contract Documents thereof.

Please note bids are due Thursday, June 18, 2026, at 1:00 PM (EST).

This ADDENDUM is issued to address the clarifications in the Contract Documents described below.

PROJECT SPECIFICATIONS

Item #1: Bid Form. See Attachment #1 for revised Bid Form.

Item #2: CS 3, Structural Removal. DELETE Article 7.g.(1) and REPLACE with the following:

(1) This item consists of removing graffiti from concrete surfaces by physical means and repairing the surface with a cementitious coating. Coating shall be a two-component, polymer-modified, cementitious waterproofing and protective slurry mortar (SikaTop Seal-107 or Approved Equal).

Substrate surface preparation for cementitious coating shall provide a clean and sound surface with a finish profile of a CSP-1 to 4 as per ICRI Technical Guidelines. Surface shall be pre-soaked to provide saturated surface dry substrate condition prior two coating application. Apply two coats of sealant per the manufacturer’s recommendation. Graffiti on the intake tower interior surfaces will not be painted.

Item #3: CS 3, Structure Removal. ADD new Article 7.h, stating the following:

h. Alternate Bid Item, 32A, Graffiti Painting

(1) This item consists of cleaning of the concrete surfaces with graffiti and painting over the extents of the graffiti with permeable primer, paint, and coating layers. Primer and paint shall be selected by the Contractor and approved by the COR. Coating shall be an anti-graffiti coating that is compatible with concrete surfaces (Sherwin-Williams Anti-Graffiti Coating or Approved

Equal). Coating shall be submitted to the COR for approval prior to ordering of materials. Paint color to be selected by the COR. Graffiti on the intake tower interior surfaces will not be painted.

(2) In Section 2, Marking, does not apply.

(3) In Section 3, Removal, does not apply.

(4) In Section 6, Measurement and Payment, method 2 will apply.

Item #5: CS 5, Pollution Control. In Article 8.a.(3) REPLACE “Town of Shrewsbury” with “City of

“Marlborough.”

Item #6: CS 7, Construction Surveys. ADD new Article 9.a.(7) stating the following:

(7) Surveying shall be performed by a licensed surveyor meeting the requirements of this specification.

Item #7: CS 94, Contractor Quality Control. DELETE Article 10.a.(2) and REPLACE with the following:

(2) Submittals and shop drawings required per the contract documents shall be submitted via

ShareFile. The project specific ShareFile will be developed by the COR. URL address will be provided with NTP.

Item #8: CS 94, Contractor Quality Control. In Article 10.e.(1) REPLACE “ProjectMates” with “ShareFile.”

Item #9: CS 96, Field Office. DELETE Article 5.a.(2) and REPLACE with the following:

(2) The Field Office will be located within the staging area at location selected by the Contractor and approved by the COR. Engineer's field office space shall be separate building from Contractor's field office space.

DRAWINGS

None.

GENERAL

Item #1: Request and Answer Log containing responses to Bidder questions is provided as Attachment

#2 to this Addendum.

Item #2: Refer to Attachment #3 to this Addendum for project permits.

Item #3: Attachment #4 to this Addendum contains a list of additional information available to bidders

(not part of Contract Documents) that are provided with this Addendum as separate digital files.

Item #4: The Contractor is responsible for obtaining coverage for the work under US EPA’s Construction

General Permit (CGP) as an operator, and is responsible for maintaining compliance with the requirements of the CGP during construction.

End of ADDENDUM

Attachment #1

TYLER DAM REHABILITATION PROJECT

FLOODWATER RETARDING DAM

Page 1 of 2 2/3/2026 4:23:14 PM

MA – TYLER DAM

Item No.

Spec.

Work or Material No.

Estimated Quantity Unit

Unit Price Amount

1. Clearing and Grubbing 2 1 LS XXXX $

2. Concrete Demolition 3 1 LS XXXX $

3. Chain-Link Fence Demolition 3 1 LS XXXX $

4. Asbestos Pipe Removal 3 1 LS XXXX $

5. Temporary Seeding and Mulching 5 1 LS XXXX $

6. Compost Filter Sock 5 1 LS XXXX $

7. Pollution Control Measures 5 1 LS XXXX $

8. Construction and Maintenance of Access Roads 5 1 LS XXXX $

9. Seeding and Mulching 6 2.5 AC $ $

10. Surveys 7 1 LS

XXXX $

11. Mobilization and Demobilization 8 1 LS XXXX $

12. Traffic Control 9 1 LS XXXX $

13. Construction Entrances 5 1 LS XXXX $

14. Diverting Surface Water 11 1 LS XXXX $

15. Excavation, Unclassified 21 2,700 CY $ $

16.

Earthfill, Approved, and Structural

23 980

CY

17.

Earthfill, Random

23 2,272

18. Salvaging and Spreading Topsoil 26 12,800 SY

19.

Concrete, Reinforced

31 25

20.

Steel Reinforcing

34 2,100

LB

21. Concrete Repair 35 8 SF

22.

Concrete Joint Repair

35 1,100

LF

23. Conduit Slip Lining CMP Arch 85 1 LS

XXXX $

TYLER DAM REHABILITATION PROJECT

FLOODWATER RETARDING DAM

Page 2 of 2 2/3/2026 4:23:14 PM

MA – TYLER DAM

Item No. Work or Material

Spec.

No.

Estimated Quantity Unit

Unit Price Amount

24. Conduit Slip Lining 30-inch CMP 85 1 LS XXXX $

25. Chain-Link Fence 91 1,022 LF $ $

26. Contractor Quality Control 94 1 LS XXXX $

27. Field Office 96 1 LS XXXX $

28. Geosynthetic Clay Liner 98 11,000 SF $ $

29. Bollard, Metal 3 1 LS XXXX $

30. Bollard, Wooden 3 1 LS XXXX $

31. Vehicular Gate 3 1 LS XXXX $

32. Graffiti Removal 3 1 LS XXXX $

TOTAL BID (Item Nos. 1 through 32, inclusive) $

32A. Alternate – Graffiti Painting 3 1 LS XXXX $

Attachment #2

Job No: 068163 Date: 06/08/26

Type To Request Number Answer Status Dated Responded

RFI GFI 1 CLO 05/29/2026 06/05/2026 06/05/2026

RFI GFI 2 CLO 05/29/2026 06/05/2026 06/05/2026

RFI GFI 3 CLO 05/29/2026 06/05/2026 06/05/2026

RFI GFI 4 CLO 05/29/2026 06/05/2026 06/05/2026

RFI GFI 5 CLO 05/29/2026 06/05/2026 06/05/2026

RFI GFI 6 CLO 05/29/2026 06/05/2026 06/05/2026

RFI GFI 7 CLO 05/29/2026 06/05/2026 06/05/2026

RFI GFI 8 CLO 05/29/2026 06/05/2026 06/05/2026

RFI GFI 9 CLO 05/29/2026 06/05/2026

RFI GFI 10 CLO 05/29/2026 06/05/2026

RFI GFI 11 CLO 05/29/2026 06/05/2026

Photos showing the gravity are provided with this addendum (Refer to Attachment #4) showing the extents of the gravity and general accessibility for removal. Graffiti in tower interior is not to be removed.

Paint color will be provided by DCR prior to application.

Quantity accounts for length of sloping sections of fence.

Request and Answer Log - Bid Phase

TYLER DAM REHABILITATION PROJECT

Remove and reset the steel bollards generally in accordance with Notes 1 and 4. Assume the replacement steel bollards were installed in a similar configuration as other steel bollards on the site.

Record drawings indicate the invert is El. 207.61 NGVD 29 (206.92 NAVD 88). Site survey indicates invert is

El. 206.91 NAVD 88. Contractor shall confirm existing conditions in the field as required.

Per CS 5 Article 8a, "The Contractor shall exercise precaution throughout the duration of the Contract to prevent the pollution of rivers and streams. Chemicals, fuels, lubricants, raw sewage, and other harmful waste shall not be discharged into or alongside any river, stream, or natural or manmade waterway leading thereto." Water/waste from graffiti removal is to be captured and properly disposed of. See Project

Specification Items #1 through #3.

From the pre-bid site visit, it appears the wooden bollards called out to be removed and replaced are steel infilled with concrete. Should these be removed and reset like the other steel bollards? If new, can a detail or spec be provided for these?

Does the resultant water/waste and taginator from the graffiti removal have to be captured and disposed of?

What is the paint color/code for the metal bollards?

Can the riser floor/conduit invert elevation be confirmed? The labels on the temporary bulkhead section are faded.

Weepholes shown near Elevation 210 are to remain.

Wage determinations will be revised to Heavy Civil.

A liquidated damages value of $1000 per day has been incoprorated into the contract documents.

Solicitation posting was updated May 20th, bid due date is June 18th at 1:00PM ET. Original date was June

19th.

Performance period will be revised to 185 calendar days

Performance period will be revised to 185 calendar days

52.211-12 does not indicate and amount for liquidated damages. Please confirm there are no liquidated damages associated with this contract.

The bid due date is a Federal Holiday. Please advise if bid date will change.

The spillway section shown on sheet 11 of 25 appears to show weep holes just below elevation 210 – confirming these are to remain and not be removed/abandoned with the 4” asbestos pipe.

Can the proposed chain-link fence quantity be confirmed? The bid item has it listed at 1,022 LF, we’re coming up with closer to 800 LF with our takeoff.

Can an approximate SF be given for the graffiti removal?

Neither the 90 day performance period nor the Completion Date of November 1, 2026 seems feasible considering the scope of the project and the unpredictability of the award/NTP date.

Many of the tasks associated with this project are affected by weather. Given the history of the

Government awarding project in mid-September due to fiscal year budgeting, etc, it is likely that cold weather and or high seasonal flows could become a factor in the work. Will this be taken into consideration regarding period of performance/ extension to contract period?

SF1442 indicates 90 day performance period upon NTP. Combined Synopsis/Solicitation section (vi) indicates a completion date of November 1st, 2026.

There are (2) Wage Determinations issued with this solicitation, (1) for "Heavy Dredging" and (1) for "Heavy and Marine". Which applies to this project?

Request and Answer Log - Bid Phase

TYLER DAM REHABILITATION PROJECT

RFI GFI 12 CLO 05/29/2026 06/05/2026

RFI GFI 13 CLO 05/29/2026 06/05/2026

RFI GFI 14 CLO 05/29/2026 06/05/2026

RFI GFI 15 CLO 05/29/2026 06/05/2026

RFI GFI 16 CLO 05/29/2026 06/05/2026

RFI GFI 17 CLO 05/29/2026 06/05/2026

RFI GFI 18 CLO 05/29/2026 06/05/2026

RFI GFI 19 CLO 05/29/2026 06/05/2026

RFI GFI 20 CLO 05/29/2026 06/05/2026

RFI GFI 21 CLO 05/29/2026 06/05/2026

RFI GFI 22 CLO 05/29/2026 06/05/2026

RFI GFI 23 CLO 05/29/2026 06/05/2026

Per CS 3 Article 7.c, "Remove, handle, and dispose of asbestos cement pipe in a lawful and environmentally acceptable manner in accordance with Massachusetts DEP local rules and regulations."

Interpretation correct. CS 9 Article 6 states, "Payment will constitute full compensation for flaggers, labor, materials, equipment, and all other items necessary and incidental to completion of the work."

Field office is required. Refer to Section CS 96 Article 5.a. Revise Article 5.a.(2) to the following "The Field

Office will be located within the staging area at location selected by the Contractor and approved by the

COR. Engineer's field office space shall be separate building from Contractor's field office space."

Superintendent can be Quality Control Manager provided they meet the requirements of CS 94 and a third party is performing the testing.

Is a third party project monitor/industrial hygienist required for the asbestos pipe removal work?

Item #10 - Surveys

Can contractor perform own staking if setup with GPS Rover or is a staking to be performed by a licensed land surveyor?

Is a topographical as-built drawing from a licensed land surveyor required? See Project Specifications Item #6. In CS7, add the following Article 9.a.(7) "Surveying shall be performed by a licensed surveyor meeting the requirements of this specification."

See Project Specifications Item #6. In CS7, add the following Article 9.a.(7) "Surveying shall be performed by a licensed surveyor meeting the requirements of this specification."

A note on sheet 18 of 25 states "PROTECT TREES LARGER THAN 18-INCH DIAMETER (AT CHEST

HEIGHT) IN THIS AREA". This note appears to be referencing the staging and spoil pile area. Please clarify the intent of clearing in this area.

Intention of the note is to protect the trees along the Limit of Work line adjacent to the area where earthwork is being performed or disturbance is made. Refer to General Note 4 on Sheet 2 for requirements related to protection of existing features.

Is there a Time of Year restriction on tree cutting? A ‘No Effect’ determination was obtained for the project during review with the USFWS IPaC service as part of the USACE Authorization as a Self-Verification; therefore, that authorization did not require a Time of Year restriction on tree removal. The Contractor is required to obtain coverage for the project under the US EPA’s

Construction General Permit, and will need to confirm whether a tree removal time of year restriction will be required as part of the Federal Endangered Species Act review required by that program.

Please confirm contractor is fully responsible for the cost of Police details.

Please confirm per CS 94 that the Superintendent cannot act ac Quality Control Manager and that Quality

Control Manager must not have any other duties.

Please confirm the requirements of CS 96 and Item 27 Field office are necessary for this project. If so, where should it be installed and is there access to utilities?

Please provide orders of conditions for any relevant permits. See Attachment #3 for project permits.

Is contractor permitted to drill and fasten into the face of the dam for construction of fall protection measures? Contractor shall not affix temporary features to the existing features to remain or new permanent features without approval from the COR. Submit temporary feature supports (i.e. Contractor work plan) for review and approval as part of dam safety permitting process.

Are there any soundings available around the upstream opening to the spillway conduit indicating depth of sediment.

Soundings of this area are not available. Sediment levels immediately upstream of the dam are unknown. A

16' by 11' apron is located immediately upstream of the conduit that is approximately 6 inches below the conduit invert.

Is there any historical data available for average seasonal water levels at the upstream end of the spillway conduit?

The dam is typically operated as a "dry dam" and does not normally impound a significant amount of water.

Average seasonal water levels are not available; however, flow data near the watershed is available via

USGS stream gage No. 01097000.

Are there any photos available inside the spillway conduit? Available photos and inspection video of the spillway conduit interior are provided with this Addendum

(Attachment #4)

Request and Answer Log - Bid Phase

TYLER DAM REHABILITATION PROJECT

RFI GFI 24 CLO 05/29/2026 06/05/2026

RFI GFI 25 CLO 05/29/2026 06/05/2026

RFI GFI 26 CLO 05/29/2026 06/05/2026

RFI GFI 27 CLO 05/29/2026 06/05/2026

RFI GFI 28 CLO 05/29/2026 06/05/2026

RFI GFI 29 CLO 06/05/2026 06/05/2026

CS 23 indicates Random Earthfill must be processed/screened to 10" minus. If this is intended as a spoils pile, is the 10" minus relevant?

Per Note 2.A on Sheet 3, "Random earthfill will be used for the spoil area, as shown on the Drawings." See response to Comment 29 indicating that material larger than 10 inches shall not be placed in the spoil pile.

Can you clarify if the following items are going to be required under Item 27 Field Office: 1. microwave oven, 2.

refrigerator, 3. 2-burner propane or natural gas stove or electric grill, 4. utility sink with hot and cold running water, 5. electric forced air laboratory oven, 6. computer work station with a multi-functional inkjet printer, copier & scanner, and 7. outside lighting from dawn to dusk

All items listed are not required

Is there sediment buildup inside the spillway conduit? Sediment levels in the conduit are unknown; however, base flows typically pass through conduit under normal operating conditions.

Please confirm concrete and rock can be spoiled onsite provided steal and waterstop is removed. Please confirm it will have to be 10" minus..

Concrete debris shall be disposed of off-site per CS 3 Article 7.a.(1). Per Note 2.E on Sheet 3, 'The maximum size rock particle size incorporated into random earthfill prior to compaction shall be 10 inches. All rock particles larger than 10 inches shall be removed."

Is it expected that the existing onsite materials to be used for Approved Earthfill over the liner will need to be processed/screeend through a plant to achieve 3" minus?

In accordance with CS 23 Article 10.b.(1) Approved Earthfill work shall include processing of material to meet the requirements of the Drawings and Specifications.

If water needs to be bypassed by use of pump, does that water need to be filtered? Filtering of the water from bypass pumps is not required provided the water is clean (not sediment laden).

Attachment #3

COMMONWEALTH OF MASSACHUSETTS · EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS

Department of Conservation and Recreation 180 Beaman Street West Boylston, MA 01583 508-792-7423 508-792-7805 Fax www.mass.gov/dcr

Maura T. Healey Governor

Kimberley Driscoll Lt. Governor

Rebecca L. Tepper, Secretary Executive Office of Energy & Environmental Affairs

Brian Arrigo, Commissioner Department of Conservation & Recreation

Certified Mail No. 9589 0710 5270 0474 6307 17 Return Receipt Requested

M.G.L. Chapter 253

Dam Safety Permit Permit No. 62 - 2025 - 451

Applicant

Paul Schweiger, PE Gannett Flemming, Inc.

207 Senate Avenue Camp Hill, PA 01711

On behalf of:

Commonwealth of Massachusetts Department of Conservation & Recreation Office of Dam Safety Attn: Dan Mortell 180 Beaman Street West Boylston, MA 01583

Re: Tyler Dam Rehabilitation Project National Dam ID: MA01195 Registry Location: Middlesex South, Deed Book 10068, Page 225

Owner: Department of Conservation & Recreation Dam Location: Marlborough

Date: March 3, 2025

Dear Mr. Schweiger:

Reference is made to the application dated June 1, 2024 and supplemental information provided by Gannett Flemming, Inc. (GFI). These were submitted for Department of Conservation and Recreation (DCR) Office of Dam Safety (ODS) regulatory review of the above-referenced dam rehabilitation project.

Permission is hereby granted under M.G.L. Chapter 253, as amended, to perform work indicated on the drawings titled “Tyler Dam Rehabilitation Project, Floodwater Retarding Dam, Tyler Dam Chapter 253 Dam Safety Permit

Middlesex County, Massachusetts” dated July 31, 2020 and as described in supporting documentation provided by GFI.

Permission is granted subject to the following conditions:

(a) At least 21 days before the start of construction, the dam owner shall provide the

DCR/ODS - Permits Section a completed DAM SAFETY IMPROVEMENTS – NOTICE OF CONSTRUCTION (form attached) with a construction schedule and proof of recording of the Ch. 253 Permit at the Registry of Deeds in the county where the dam lies. If the Notice of Construction provided to ODS lacks a construction schedule, proof of recording of the permit, or an explanation of why permit recording is not possible, ODS will return the Notice of Construction to the dam owner indicating the Notice of Construction is incomplete and informing the owner that construction shall not commence until ODS has received a complete Notice of Construction with the required attachments.

(b) For all features of the project, the Dam Engineer (GFI) shall notify ODS of any design change from the original design submitted with the permit application due to regulatory requirements, changes in field conditions or any other unanticipated occurrence. This notification shall be a formal submittal to ODS which includes all relevant revised plans, computations and data (survey, geotechnical, etc.) supporting the design change(s). This submittal shall be forwarded to ODS by registered mail, return receipt requested, and will require an amendment to the permit. Review time may vary based upon the complexity of the design change(s), however, ODS will generally issue the permit amendment within five (5) business days of receipt of a complete design revision submittal.

(c) The Dam Engineer must report to ODS any unforeseen incidents that occur at the work site during project work. Unforeseen incidents include, but are not limited to, significant uncontrolled seepage into the work area, significant earth support failures or slope failures. The report must explain in detail what occurred, corrective measures taken to mitigate the occurrence and any impacts the occurrence may have had on the project. If the incident results in a design change, ODS must be provided revised design documents (refer to Condition (b), above).

(d) During construction, a copy of the dam’s Emergency Action Plan (EAP) shall be maintained on-site by the resident engineer.

(e) The following shall be prepared by the contractor, approved by the Dam Engineer, and submitted to ODS prior to construction:

Cofferdam designs. The cofferdams shall be carefully designed to resist anticipated forces without failing and to ensure that seepage around, under, or through the cofferdams is manageable;

A water control and diversion plan describing methods to be employed to allow work to be performed “in the dry” and to manage both the water level in the

Assabet River and outflow from the Assabet River while construction is in progress; and

A flood response plan. While construction is underway, weather forecasts, stream flows and water levels shall be monitored to allow adequate time to respond to rising water levels at the construction site. If high water levels are expected, equipment and materials shall be removed from the work area and personnel evacuated. Sufficient materials and equipment required for flood response shall be maintained in a safe location at, or near, the construction site.

(f) A sufficient level of construction oversight shall be provided by the Dam Engineer to ensure the work conforms to: the project plans and specifications; the Ch. 253 Permit conditions; and generally-accepted dam construction practices as determined by the U.S.

Army Corps of Engineers, the U.S. Bureau of Reclamation and/or the U.S. Natural Resources Conservation Service.

Guidance, procedures, checklists, worksheets and references to aid in construction quality assurance are available in the United States Department of Agriculture Natural Resources Conservation Service National Engineering Handbook Part 645-Construction Inspection.

For access to a .pdf copy of NEH Part 645, please email ODS at dam.safety@mass.gov .

(g) The Dam Engineer shall invite ODS to the preconstruction meeting, another project meeting at 50% completion and the final inspection meeting. ODS reserves the right to make site visits and inspections at any time during the permit period. ODS requests the following items be addressed at the pre-construction meeting:

Identification of the o resident engineer (Owner’s representative overseeing the project);

o contractor’s qualified site superintendent; and o Dam Engineer’s representative overseeing the project.

Provide emergency contact information for the contractor and resident engineer;

Presentation of the resident engineer’s weekly work schedule and discussion of the level of construction oversight to be provided by the resident engineer;

Water control features anticipated and the process for the Dam Engineer to either develop or approve the overall control and diversion of water plan. Flood emergency warning and response procedures must be identified;

Level of Dam Engineer construction oversight including: identification of any critical construction items to be overseen by the Dam Engineer; procedures for the Dam Engineer’s review and approval of shop drawings and other submittals;

documentation of Dam Engineer’s approval of any design modifications; procedures for coordinating and scheduling the Dam Engineer’s inspection of critical construction elements;

Anticipated schedule of construction meetings and required attendees. It is expected that while construction is ongoing, weekly construction meetings will be held and attended by the Dam Engineer, the resident engineer, the contractor’s superintendent and other appropriate participants; and

Presentation of the initial construction schedule with identification and discussion of major items.

ODS shall be provided a copy of the preconstruction meeting minutes.

(h) The Dam Engineer shall provide ODS written documentation that he/she has reviewed and approved all pertinent submittals or samples concerning critical project dam features.

This documentation may be in the form of a submittal log which may be submitted as part of the “as-built” report, described below.

(i) Upon completion of work the Applicant shall submit to ODS a DAM SAFETY CERTIFICATE OF COMPLETION (form attached). With this certificate of completion submit one bound (utilizing plastic comb bindings) as-built report with 11”x17” record drawings signed and stamped by a registered professional civil engineer with contractor’s signature attesting that all work was performed according to the plans and specifications. The as-built report shall include documentation of submittals reviewed and approved by the Dam Engineer, copies of any materials or construction testing reports and color photos of construction phases and appurtenant installations.

Photograph numbers, location and direction in which each photo was taken must be identified. An electronic copy (as a .pdf) of the as-built report and record drawings shall be provided to ODS via email, .ftp site or on a USB flash drive.

(j) Once the project has been completed, the Dam Engineer shall perform a Phase I

Inspection to document the condition of the dam.

(k) The Certificate of Completion, as-built report and Phase I Inspection report shall be provided to ODS within 90 days of substantial completion of work unless ODS agrees to later submission of these documents. Submission of these documents is required prior to ODS issuing a Certificate of Compliance.

Any permit issued by DCR shall be subject to revocation by order of the Commissioner if the permittee fails to conform to 302 CMR 10.00, Dam Safety Rules and Regulations, provisions of this permit, or any other applicable laws and regulations.

This permit does not release the applicant from the requirements of any other regulatory authority. Such authorizations and/or notifications include, but are not limited to:

Local Conservation Commission;

Massachusetts Department of Environmental Protection (DEP);

Massachusetts Department of Fish and Game (DFG);

Massachusetts Executive Office of Environmental Affairs (EOEA), MEPA Unit; and U.S. Army Corps of Engineers.

Informational (NOT TO BE RECORDED AT REGISTRY OF DEEDS)

Excerpts from Dam Safety Rules Regulations:

302 CMR 10.09(5): Recording a Chapter 253 Permit.

A permit to construct, drawdown, repair, alter, breach or remove a dam shall be recorded at the Registry of Deeds in the county where the dam lies. Recording must be done prior to the commencement of construction and a copy of the recorded permit filed with the Commissioner.

DAM SAFETY IMPROVEMENTS - NOTICE OF CONSTRUCTION

Revised March 2007

To: DCR, Office of Dam Safety – Permits Section 180 Beaman Street West Boylston, MA 01583

DAM SAFETY IMPROVEMENTS - NOTICE OF CONSTRUCTION

Dam Owner/Applicant Name:

Representative:

Address:

Phone:

Fax:

Email Address:

Project Project location Town/City:

Dam name:

National Dam ID Number:

State Dam ID Number:

Nature of Dam Safety Improvements:

Chapter 253 Permit date of issue:

Chapter 253 Permit expiration date:

Permit Recorded at__________________ Registry of Deeds Dam Parcel Registry of Deeds Book Number:

Dam Parcel Registry of Deeds Page Number:

Recorded Permit Registry of Deeds Book Number:

Recorded Permit Registry of Deeds Page Number:

Copy of the recorded permit attached Yes ( ) Construction start date:

Construction schedule attached Yes ( )

Engineer Company Name:

Representative:

Address:

Phone:

Fax:

Email Address:

Contractor Company Name:

Representative:

Address:

Phone:

Fax:

Email Address :

DAM SAFETY IMPROVEMENTS - NOTICE OF CONSTRUCTION

Revised March 2007

Brief description of project, note location and dates of construction:

By Contractor

Print name and title:____________________________________________________________________

Signature and date:_____________________________________________________________________

By Engineer

Print name, title:_______________________________________________________________________

By Dam Owner/Applicant

Print name and title:____________________________________________________________________

07/16/2024 18:30:56 UTC

United States Department of the Interior

FISH AND WILDLIFE SERVICE

New England Ecological Services Field Office 70 Commercial Street, Suite 300

Concord, NH 03301-5094 Phone: (603) 223-2541 Fax: (603) 223-0104

In Reply Refer To:

Project code: 2024-0028114 Project Name: Tyler Dam Rehabilitation Project

Federal Action Agency (if applicable): Army Corps of Engineers

Subject: Record of project representative’s no effect determination for 'Tyler Dam

Rehabilitation Project'

Dear Jeremy Degler:

This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on July 16, 2024, for 'Tyler Dam Rehabilitation Project' (here forward, Project). This project has been assigned Project Code 2024-0028114 and all future correspondence should clearly reference this number. Please carefully review this letter.

Ensuring Accurate Determinations When Using IPaC

The Service developed the IPaC system and associated species’ determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. All information submitted by the Project proponent into IPaC must accurately represent the full scope and details of the Project.

Failure to accurately represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain questions in the DKey commit the project proponent to implementation of conservation measures that must be followed for the ESA determination to remain valid.

Determination for the Northern Long-Eared Bat

Based upon your IPaC submission and a standing analysis, your project has reached the determination of “No Effect” on the northern long-eared bat. To make a no effect determination, the full scope of the proposed project implementation (action) should not have any effects (either positive or negative), to a federally listed species or designated critical habitat. Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed

Project code: 2024-0028114 IPaC Record Locator: 552-146414077 07/16/2024 18:30:56 UTC

DKey Version Publish Date: 07/09/2024 2 of 6 action, including the consequences of other activities that are caused by the proposed action. A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may include consequences occurring outside the immediate area involved in the action. (See § 402.17).

Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no consultation with the Service is required (ESA §7). If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required except when the Service concurs, in writing, that a proposed action "is not likely to adversely affect" listed species or designated critical habitat [50 CFR §402.02, 50 CFR§402.13].

Other Species and Critical Habitat that May be Present in the Action Area

The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA-protected species and/or critical habitat that also may occur in your Action area:

Monarch Butterfly Danaus plexippus Candidate Tricolored Bat Perimyotis subflavus Proposed Endangered

You may coordinate with our Office to determine whether the Action may affect the animal species listed above and, if so, how they may be affected.

Next Steps

Based upon your IPaC submission, your project has reached the determination of “No Effect” on the northern long-eared bat. If there are no updates on listed species, no further consultation/ coordination for this project is required with respect to the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional coordination with the Service should take place to ensure compliance with the Act.

If you have any questions regarding this letter or need further assistance, please contact the New England Ecological Services Field Office and reference Project Code 2024-0028114 associated with this Project.

DKey Version Publish Date: 07/09/2024 3 of 6

Action Description You provided to IPaC the following name and description for the subject Action.

1. Name

Tyler Dam Rehabilitation Project

2. Description

The following description was provided for the project 'Tyler Dam Rehabilitation Project':

Rehabilitation of an existing dam on the Assabet River at the Millham Reservoir, to prevent erosion of the earthen portion during overtopping flows. Tyler Dam requires rehabilitation so that it can maintain its floodwater protection function with increased flow conditions resulting from upstream development and environmental changes.

The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@42.3450371,-71.61667373290214,14z https://www.google.com/maps/@42.3450371,-71.61667373290214,14z https://www.google.com/maps/@42.3450371,-71.61667373290214,14z

DKey Version Publish Date: 07/09/2024 4 of 6

1.

2.

DETERMINATION KEY RESULT

Based on the information you provided, you have determined that the Proposed Action will have no effect on the Endangered northern long-eared bat (Myotis septentrionalis). Therefore, no consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required for those species.

QUALIFICATION INTERVIEW

Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species?

Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species?

No The proposed action does not intersect an area where the northern long-eared bat is likely to occur, based on the information available to U.S. Fish and Wildlife Service as of the most recent update of this key. If you have data that indicates that northern long-eared bats are likely to be present in the action area, answer "NO" and continue through the key.

Do you want to make a no effect determination?

Yes

DKey Version Publish Date: 07/09/2024 5 of 6

PROJECT QUESTIONNAIRE

DKey Version Publish Date: 07/09/2024 6 of 6

IPAC USER CONTACT INFORMATION

Agency: Tighe & Bond, Inc.

Name: Jeremy Degler Address: 177 Corporate Drive City: Portsmouth State: NH Zip: 03801 Email jdegler@tighebond.com Phone: 6037327906

LEAD AGENCY CONTACT INFORMATION

Lead Agency: Army Corps of Engineers

53 Southampton Road • Westfield, MA 01085-5308 • Tel 413.562.1600 www.tighebond.com

M-0736-166

September 11, 2024

U.S. Army Corps of Engineers, Regulatory Division

New England District

Attn: Paul Maniccia, Chief, Permits and Enforcement Branch

696 Virginia Road

Concord, Massachusetts 01742-2751

Re: Self-Verification Notification

Tyler Dam Rehabilitation Project

Marlborough, Massachusetts

Dear Mr. Maniccia:

On behalf of the Massachusetts Department of Conservation and Recreation (MassDCR) Dam

Maintenance Program, we are submitting this Self-Verification Notification Form under the

Department of the Army General Permits for the Commonwealth of Massachusetts (MA GP) for the Tyler Dam Rehabilitation Project located on Robin Hill Street in Marlborough, Massachusetts. The Tyler Floodwater Retarding Dam (Tyler Dam; NATID #MA01195) is classified as High in hazard potential classification in accordance with MassDCR classification procedures per the Massachusetts Dam Safety regulations (302 CMR 10.00). Significant upstream urban development is generating higher runoff amounts than the Tyler Dam was designed to handle. Although the dam is still structurally sound and does not pose an imminent threat to public safety, it does not meet current performance and safety standards for current and future build-out development conditions. Tighe & Bond is assisting MassDCR with the permitting necessary for implementing the new design.

The proposed work will occur within Waters of the United States (WOTUS; i.e., Vegetated

Wetlands and below Ordinary High Water (OHW)). Construction-period Best Management

Practices, including erosion and sedimentation controls, will be implemented, and the project site will be restored and stabilized.

Enclosed is the Self-Verification Notification Form. Project Figures and Drawings are included as Attachments A and B, respectively. The results of a Due Diligence Assessment are included as Attachments C through E, as listed below. Should you have any questions or require any additional information, please contact Lucas Acaba at (413) 572-3254 or

LAcaba@tighebond.com, or me at (413) 572-3224 or MPCoady@tighebond.com.

Very truly yours, TIGHE & BOND, INC.

Melissa P. Coady

Senior Project Manager

Attachments:

-- Self-Verification Notification Form

A Project Figures mailto:LAcaba@tighebond.com mailto:MPCoady@tighebond.com

- 2 -

B Project Drawings

C Historical Review Coordination Documentation

D Endangered Species Documentation

Copy: William Salomaa, MassDCR

Dan Mortell, MassDCR

Joseph Higgins, USDA NRCS

Tighe&Bond

Self-Verification Notification Form

Tyler Dam Rehabilitation Project Self-Verification Notification

U.S. Army Corps of Engineers (USACE)

SELF-VERIFICATION NOTIFICATION (SVN)

DATA REQUIRED BY THE PRIVACY ACT OF 1974

Authority Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Regulatory Programs of the Corps of

Engineers; Final Rule 33 CFR 320-332.

Principal Purpose This information will be used in evaluating activities under Self-Verification procedures within Massachusetts.

Routine Uses

Disclosure

Routine uses will include: (1) Documenting compliance with the terms and conditions of the General Permit (GP) for activities that may require authorization pursuant to one or more of USACE’s Regulatory authorities. (2) Records may be referred to other Federal, State, and local agencies for evaluation and enforcement purposes.

Failure to fully comply and abide by the GP terms and conditions prior to commencing work and after completion project may result in formal enforcement action, up to and including monetary penalties and/or legal action, pursuant to 33 CFR Part 326.

Instructions The permittee must complete ALL required sections of this document before commencing USACE-regulated activities. A copy of this completed SVN must be kept on site during construction and be made available for review by USACE and other Federal, State, & Local regulatory authorities at any time. Within 30 days of initiating project construction, the permittee shall submit the completed SVN to USACE. The SVN shall be submitted to USACE as ONE signed document that includes project plans and documentation that supports each field (e.g., emails, letters, description, phone calls, surveys). Electronic submissions to the following address are strongly preferred:

cenae-r-ma-sv@usace.army.mil. The email subject line shall contain the following: GP #, SVN, City/Town, and date submitted.

(ITEMS 1 THRU 3 TO BE FILLED BY USACE)

1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED

APPLICANT AND AGENT INFORMATION

4. APPLICANT'S NAME

First - Middle - Last -

7. AGENT'S ADDRESS:

First - Middle - Last -

Company - Company -

E-mail Address - E-mail Address -

5. APPLICANT'S ADDRESS: 8. AGENT'S ADDRESS:

Address- Address-

City - State - Zip - Country - City - State - Zip - Country -

6. APPLICANT'S PHONE NOs. w/AREA CODE

a. Residence b. Business c. Fax

9. AGENTS PHONE NOs. w/AREA CODE

a. Residence b. Business c. Fax

NAME, LOCATION, AND DESCRIPTION OF PROJECT SITE

10. PROJECT NAME OR TITLE

11. FILE NUMBER(S) OF PREVIOUS USACE ACTIONS ON THE SITE (if applicable) 12. NAME OF WATERBODY

13. PROJECT COORDINATES (in decimal degrees)

Latitude: ◦N Longitude: ◦W

14. PROJECT STREET ADDRESS (if applicable)

Address

City - State - Zip -

ACTIVITY TYPE, PROJECT IMPACTS, AVOIDANCE & MINIMIZATION

15. GENERAL PERMIT ACTIVITIES (CHECK ALL THAT APPLY)

1 6 11 16 21

2 7 12 17 22

3 8 13 18 23

4 9 14 19 24

5 10 15 20 25

16. SUMMARY OF PROJECT IMPACTS (see instructions)

Area (square feet) Length (linear feet) Volume (cubic yards) Duration mailto:cenae-r-ma@usace.army.mil

17. PROJECT PLANS (BY CHECKING THE BOXES BELOW, YOU CERTIFY THESE ITEMS ARE COMPLETE) (see instructions)

a. Plans shall at least contain the following: Vicinity Map, Plan View, and Typical Cross Section View of the proposed activity.

b. All direct, indirect and secondary impacts from USACE regulated activities are shown on the project plans.

c. The size of the impact area for each activity (acre, square feet, linear feet) are shown on the project plans.

d. For discharges of fill material (§404), the volume of fill material is identified on the project plans.

e. The duration of each impact, permanent or temporary (X days), is identified on the project plans.

f. Do activities with permanent impacts result in the loss of waters? If so, this is identified on the project plans.

g. All aquatic resources in the vicinity of the USACE regulated activities are delineated on the project plans.

18. AVOIDANCE & MINIMIZATION (BY CHECKING THE BOXES BELOW, YOU CERTIFY THESE CRITERIA ARE MET) (see instructions)

a. The project has been designed to avoid and minimize impacts to aquatic resources.

b. The footprint of activities in waters of the U.S. has been reduced to only what is necessary to achieve the overall project purpose.

c. All practicable measures have been taken to avoid and minimize impacts to aquatic resources through construction techniques and site access (e.g., Best Management Practices, Time of Year Restrictions).

d. All temporary impacts from USACE regulated activities will be restored upon completion of construction and the project area will be returned to pre-construction contours and conditions.

COMPLIANCE WITH FEDERAL REGULATIONS & SUPPLEMENTAL INFORMATION

19. DUE DILIGENCE (see instructions) Complete the entries below to document compliance with the following Federal requirements. Construction may NOT begin if a PCN is/may be required, and you must contact USACE to determine permitting requirements. Documentation that demonstrates how the activity complies with each field below shall be submitted to the USACE as noted in the instructions block. See each General Condition (GC) in the GP for how to comply with each requirement.

a. State Historic Preservation Officer

b. Massachusetts BUAR

c. Tribal Historic Preservation Officers

d. Endangered Species Act - NOAA

e. Endangered Species Act - USFWS

f. Northern Long Eared Bat (ESA)

g. Essential Fish Habitat

h. Wild & Scenic Rivers

i. 401 Water Quality Certification 401

j. Section 408 Permission

k. Coastal Zone

l. Construction Mats m.Time of Year Restrictions

n. Vernal Pools

o. Sediment & Erosion Controls

p. Stream/Wetland Crossings

20. AQUACULTURE ACTIVITIES - GP 18 (see instructions)

a. If required, an Aquaculture Certification from the Massachusetts Division of Marine Fisheries was obtained prior to commencing work.

b. Coordination with the U.S. Coast Guard pursuant to Private Aids to Navigation has occurred prior to commencing work.

c. If required, a MEPA Certificate was obtained from the Massachusetts Environmental Protection Agency prior to commencing work.

d. The prospective permittee contacted local authorities (e.g. harbormaster, select board, shellfish constable) for authorization of their facility prior to commencing work.

21. ADDITIONAL INFORMATION/ATTACHMENTS (see instructions)

a. The project plans are enclosed in this SVN submittal (see block 17).

b. The activity funded through the Bipartisan Infrastructure Bill (also known as the Infrastructure Investment and Jobs Act).

c. All required state, local and federal approvals were acquired prior to starting construction in USACE jurisdiction.

d. After construction of the activity is completed, a complete Certificate of Compliance will be submitted to USACE.

22. IS THERE ANOTHER LEAD FEDERAL AGENCY:

YES NO

OOC issued: 401 issued:401 WQC/OOC File Number:

23. STATEMENT OF AUTHORIZATION (see instructions)

I certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant.

SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE

24. SIGNATURES (see instructions)

I hereby certify that the information in this Self-Verification Notification is complete and accurate. As the applicant or their duly authorized agent, I certify the activity was completed in accordance with the terms and conditions of the GP. This includes all applicable terms, general conditions, and activity-specific GP criteria. I agree to allow the duly authorized representatives of the Corps of Engineers Regulatory Program and other regulatory or advisory agencies to enter upon the premises of the project site at reasonable times to evaluate inspect and photograph site conditions. This consent to enter the property is superior to, takes precedence over, and waives any communication to the contrary. For example, if the property is posted as “no trespassing” this consent specifically supersedes and waives that prohibition and grants permission to enter the property despite such posting.

SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE

18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than

$10,000 or imprisoned not more than five years or both.

2024-09-11

2024-09-11

Instructions for Preparing a Department of the Army

General Permit (GP) Self-Verification Blocks 1 through 3. To be completed by the Corps of Engineers.

Block 4. Applicant’ Name. Enter the name and the e-mail address of the responsible party or parties. If the responsible party is an agency, company, corporation, or other organization, indicate the name of the organization and responsible officer and title. If more than one party is associated with the self-verification, please attach a sheet of paper with the necessary information marked Block 4.

Block 5. Address of Applicant. Please provide the full address of the party or parties responsible for the self-verification. If more space is needed, attach an extra sheet of paper marked Block 5.

Block 6. Applicant Telephone Number(s). Please provide the telephone number where you can usually be reached during normal business hours.

Blocks 7 through 9. To be completed, if you choose to have an agent.

Block 7. Authorized Agent’s Name and Title. Indicate name of individual or agency, designated by you, to represent you in this process. An agent can be an attorney, builder, contractor, engineer, consultant, or any other person or organization. Note: An agent is not required.

Blocks 8 and 9. Agent’s Address and Telephone Number. Please provide the complete mailing address of the agent, along with the telephone number where they can be reached during normal business hours.

Block 10. Proposed General Permit Activity Name or Title. Please provide a name identifying the proposed GP activity, e.g., Windward Marina, Rolling Hills Subdivision, or Smith Commercial Center.

Block 11. File Number(s) of Previous USACE Actions on the Site Please provide any known USACE file number. If the activity does not have a known USACE file number, you may state N/A.

Block 12. Name of Waterbody. Please provide the name (if it has a name) of any stream, lake, marsh, or other waterway to be directly impacted by the GP activity. If it is a minor (no name) stream, identify the waterbody the minor stream enters.

Block 13. Proposed Activity Coordinates. Please enter the latitude and longitude of where the proposed GP activity is located. Indicate whether the project location provided is the center of the project or whether the project location is provided as the latitude and longitude for each of the “corners” of the project area. If there are multiple sites, please list the latitude and longitude of each site (center or corners) on a separate sheet of paper and mark as Block 13.

Block 14. Proposed Activity Street Address. If the proposed activity is located at a site having a street address (not a box number), enter it in Block 14.

Block 15. General Permit Activity Type. Please select all GP activity types that apply to the proposed activity. A list of GP activity types can be found in Section III of the GP.

Block 16. Summary of Project Impacts. Please provide ALL proposed impacts, both temporary and permanent in duration, that are located…