Amendment_05_Permit_examples_0005.pdf

(x)

140P2021R0066 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

PDS

Denver CO 80225-0287 P.O. Box 25287 12795 W. Alameda Pkwy NPS, DSC Contracting Services Div

253093 & 31631710/08/20210005

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/24/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to:

1. Incorporate in Section I, Clause 52.236-4, and Section J, additional permitting information for informational purposes only of project of similar scope.

2. Revise Section F, Clause 52.211-10, with 810 days period of performance.

3. Revise Section M, section B.2. to remove "rank" from evaluation process.

4. Phase 1 proposal due date and time remain unchanged.

5. All other provisions and clauses remain unchanged.

Legacy Doc #: NPS

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Kevin Lommer

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Solicitation 08/09/2021

Document No.

140P2021R0066

Document Title

COLO 253093 & 316317 – Stabilize York River Shoreline

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the

Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 810 days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1482.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.211-13 TIME EXTENSIONS (SEPT 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of clause)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due

Document No.

140P2021R0066

Document Title

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

(End of clause)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

(End of clause)

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) Design Analysis 95%, dated November 2020.

(b) Structural Calculations, dated 28 October 2020.

(c) Environmental Assessment, dated June 2012.

(d) Wetland Delineation Report, dated May 2011.

(e) Shoreline Management Plan , dated July 2006.

(f) USACE Specifications – 95%, dated November 2020.

(g) USACE Drawings – 95%, dated October 30, 2020.

(h) NPS 95% Comments, dated November 13, 2020.

(i) Photo, 11-inch pipe, dated 2019.

(j) Regional Permit Example, dated November 19, 2020.

(k) Tidewater Permit Example, dated March 2, 2020.

Document No.

140P2021R0066

Document Title

(l) Wetlands Permit Example, dated April 9, 2020.

(End of clause)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting

Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the

Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the

Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

(End of clause)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the

Contracting Officer and has authority to act for the Contractor.

(End of clause)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

(End of clause)

52.236-8 OTHER CONTRACTS (APR 1984)

Document No.

140P2021R0066

Document Title

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/content/regulations

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

TITLE DATE NO. OF PAGES

ATTACHMENT 1 Scope of Services 23 Aug 2021 35

ATTACHMENT 2 Specifications – 95% Nov 2020 389

ATTACHMENT 3 Drawings – 95% 30 Oct 2020 89

ATTACHMENT 4

Proposal Submission Package (Project Experience Questionnaire, Key Personnel Qualifications, Subcontractor Reference, Past Performance Questionnaire, Contract Price Schedule, Small Business Subcontracting Plan, and Section K Representations)

23 Aug 2021 26

ATTACHMENT 5 Wage Determination Heavy Civil 01 Jan 2021 5

ATTACHMENT 6 Design Analysis 95% Nov 2020 342

ATTACHMENT 7 Structural Calculations 28 Oct 2020 27

ATTACHMENT 8 Environmental Assessment June 2012 271

ATTACHMENT 9 Wetland Delineation Report May 2011 156

ATTACHMENT 10 Shoreline Management Plan July 2006 92

ATTACHMENT 11 Pre-Proposal Conference/Site Visit slides 14 Sept 2021 18

ATTACHMENT 12 Archeological Site Map 14 Sept 2021 1

ATTACHMENT 13 NPS 95% Comments 13 Nov 2020 5

ATTACHMENT 14 Request for Information – FINAL 1 Oct 2021 18

ATTACHMENT 15 Photo – 11” utility pipe under Felgates Creek Bridge 2019 1

ATTACHMENT 16 Regional Permit Example 19 Nov 2020 3

ATTACHMENT 17 Weight Limits and other Restrictions for COLO 29 Sept 2021 2

ATTACHMENT 18 Tidewater Permit Example March 2, 2020 97

ATTACHMENT 19 Wetlands Permit Example April 9, 2020 4

Document No.

140P2021R0066

Document Title registration at www.SAM.gov to be eligible for award and you are encouraged to complete SAM registration before submitting your offer.

SMALL BUSINESS SUBCONTRACTING PLAN: Small business offerors are not required to submit a subcontracting plan; however, large business offerors shall complete and submit the attached Subcontracting Plan Form in response to the requirements of clause 52.219-9.

The NPS subcontracting goals for Fiscal Year 2021 are: Small Businesses (43.25%), Small Disadvantaged Businesses (5%), Women-Owned Businesses (5%), HUBZone (3%), and Service Disabled Veteran-Owned Businesses (3%).

Subcontracting plans that contain goals less than the NPS goals shall include rationale as to why the above goals cannot be met.

End of Phase 2, Volume II – Price & Business Proposal

SECTION M – EVALUATION FACTORS FOR AWARD

A. BASIS FOR AWARD

1. The Government will conduct a source selection using the Two-Phase Design Build Selection Procedures noted in Federal Acquisition Regulation (FAR) Part 36.3.

a. The Government will evaluate Phase 1 proposals against the Phase 1 evaluation criteria to determine the most highly qualified offerors according to FAR part 36.3. A maximum of 5 offerors shall be selected to move forward to Phase 2.

b. The Government will notify the selected Phase 2 offerors and request submission of a Phase 2 proposal that addresses the Phase 2 evaluation criteria.

c. Phase 2 proposals shall be submitted in 2 volumes. Volume 1 shall include the Phase 2 non-price evaluation factors. Volume 2 shall include offerors’ price proposal and required administrative business documentation. The Government will evaluate Phase against Phase 2 evaluation criteria using the Best Value Continuum Tradeoff Process defined at FAR Part 15.1. The Contracting Officer (CO) will obligate and award a contract to the offeror who submits a proposal the Source Selection Authority (SSA) determines conforms to solicitation requirements; is fair and reasonable; and provides the best value to the Government. For this acquisition, the CO is the SSA.

2. The Government may accept other than the lowest priced proposal when the perceived benefits of a higher priced proposal merit the price differential.

3. Additionally, pursuant to FAR 52.215-1(f), Contract Award, contained herein:

• The Government may reject any or all proposals if such action is in the Government’s interest.

• The Government may waive informalities and minor irregularities in proposals received.

• The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal in should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the CO later determines them to be necessary.

B. EVALUATION PROCESS

All proposal evaluations will be conducted in strict confidence. The number and identities of offerors and proposal contents will be revealed only to individuals involved in the evaluation process. No information will be revealed to other offerors. The evaluation process is as follows:

1. Initial Review: Proposals will be reviewed for compliance with the solicitation to verify that all submission http://www.sam.gov/

C2 ENVIRONMENTAL, INC. | 11818 ROCK LANDING DRIVE, SUITE 103 NEWPORT NEWS, VA 23606 | 757-223-0071

March 2, 2020

Ms. Beth Howell Virginia Marine Resources Commission Habitat Management Division 380 Fenwick Road, Building 96 Fort Monroe, Virginia 23651 Via: JPA.permits@mrc.virginia.gov

Subject: York River Shoreline Stabilization – Tidewater Joint Permit Application

York County, Virginia Applicant: Colonial National Historical Park C2 Env Job: 0085

Dear Ms. Howell:

On behalf of the Colonial National Historical Park (Applicant), C2 Environmental, Inc.

(C2Env) is pleased to submit the attached Tidewater Joint Permit Application (JPA) for the York River Shoreline Stabilization project located in the York County, Virginia (Project Location Map, Appendix B). The project includes upgrades to an existing revetment at two locations along the shoreline of the York River adjacent to the Colonial Parkway. Project Area 1 is adjacent to Felgates Creek, and Area 2 is adjacent to Indian Field Creek. The project is located within a tidal waterway and in the vicinity of a Federal navigational channel in the York River-Carter Creek watershed, hydrologic unit code (HUC) 020801070203. The proposed work will be along the shoreline and within the tidal zone of the York River;

authorizations from the U.S. Army Corps of Engineering (USACE), Virginia Marine Resources Commission (VMRC) and the York County Local Wetlands Board appear to be required. The project is described in further detail below, and the Tidewater JPA is provided in Appendix A.

Project Description

The proposed project is to upgrade and rehabilitate an existing rip rap revetment along approximately 476 linear feet (LF) of the York River shoreline adjacent to Felgates Creek (Area 1) and approximately 750 LF adjacent to Indian Field Creek (Area 2). The existing conditions at Area 1 and Area 2 are depicted on the Existing Conditions Maps included in Appendix B. The proposed upgrades will top dress the existing revetments with Class III armor stone (500-1,500 lbs) to fortify the revetment face, increase the crest elevation and securely toe in the revetment to the river bottom. The proposed revetment will be constructed at a 2:1 slope and increase the elevation to +5.0 FT in Area 1 and +9.0 FT in Area

York River Shoreline Stabilization Tidewater Joint Permit Application

2. The new material will be placed entirely above grade with no excavation being required.

All fill will be placed over filter or geotextile fabric. The backshore area will be filled to the desired elevation with a layer of VA #1 stone (2- to 3-inch stone) topped with sand and gravel.

These backshore areas, located outside the range of tidal influence, will be seeded or planted with upland plant species. A summary of the existing and proposed conditions is provided in Table 1.

Table 1. York River Shoreline Stabilization Impacts Summary Table

Item Existing Conditions Proposed Conditions

Felgates Creek (Area 1)

Indian Field Creek (Area 2)

Felgates Creek (Area 1)

Indian Field Creek (Area 2)

Revetment Length

(LF)

476 750 442 732

Revetment Area

(SF)

10,870 14,860 13,767 37,757

Maximum Encroachment Channelward of

MLW (LF)

0 0 3 20

Maximum Encroachment Channelward of

MHW (LF)

43 15 8 29

Area of rip rap channelward of

MLW (SF)

0 0 14 9,379

Area of rip rap between MLW and

MHW (SF)

7,915 6,127 5,146 6,011

Area of rip rap over vegetated tidal wetlands (SF)

0 0 0 0

Area of Proposed Vegetative Stabilization (SF)

N/A N/A 4,420 7,320

Area of Beach Nourishment (Landward of

MHW) (SF)

N/A N/A 5,375 12,050

Construction Access and Staging

The project will have two upland laydown areas for staging and materials storage. Both areas are in open field, and no clearing is required for their use. Access to the laydown areas will be from existing paved roads and/or parking areas. Construction of the revetment will occur from barges to avoid the need to clear trees or disturb backshore areas. The use of barges will minimize the overall impact of the project.

Section 408 Federal Navigation Channel

A federal navigation channel is mapped within the York River in the vicinity of the project. No portion of the project is located within its limits. The project will not encroach upon or alter the use of the channel. All vessels to be used for construction will be moored outside of the channel limits, and no interruption to channel traffic will occur. Specific mooring locations will be provided by the contractor, once known. All vessels will be lit and marked in accordance with US Coast Guard requirements.

Wetland Delineation

The limits of wetlands and waters of the U.S. (WOUS) within the project area were delineated by C2 Environmental in January 2020 using the Routine Determination Method as outlined in the U.S. Army Corps of Engineers (Corps) 1987 Wetland Delineation Manual and the methods described in the 2010 Regional Supplement: Atlantic & Gulf Coastal Plain Region (Version 2.0). Jurisdictional features were flagged in the field at the time of delineation and sequentially numbered to assist in a field location. A request for a Preliminary Jurisdictional Determination, including the corresponding Delineation Maps for Areas 1 and 2, are provided in Appendix C.

Threatened and Endangered Species

Federal and State databases were searched to determine the potential for listed species in the vicinity of the project, including the US Fish and Wildlife Service (USFWS) Information for Planning and Conservation System (IPaC), the Virginia Department of Game and Inland Fisheries Virginia (DGIF) Fish and Wildlife Information Service (VAFWIS), the Virginia Department of Conservation and Recreation Department of Natural Heritage Data Explorer (NHDE) and the Center for Conservation Biology Bald Eagle Nest Locator. The project review process prescribed by the USFWS was used to evaluate potential impacts to listed species due to the proposed project. The results of these searches and a Species Conclusion Table are provided in Appendix C.

The IPaC System and VAFWIS identified the federal and state threatened Northern Long-eared Bat (Myotis septentrionalis). VAFWIS identified the state endangered Tri-colored Bat (Perimyotis subflavus). No tree cutting is required for this project. Therefore, no impact is expected for the Northern Long-eared Bat or the Tri-colored bat. VAFWIS identified the federal and state endangered Kemp’s Ridley Sea Turtle (Lepidochelys kempii). No pile driving or other significant noise-generating work is proposed that would disturb this species. Care will be taken if species is spotted in the vicinity of construction so as not to cause harm to the species. VAFWIS identified the state threatened Mabee’s salamander (Ambystoma mabeei).

No habitat for this species is present within the project area; therefore, no impacts to this species are expected. No bald eagle nests were identified within the vicinity of the project, and none of the proposed work is located within any bald eagle management zones. Based on the scope of work, the project is not expected to adversely affect any listed species. The database search results and a Species Conclusion Table are provided in Appendix D.

Time of Year Restriction – Exemption Request

The York River has been designated as and Anadromous Fish Use Area, and the federal and state endangered Atlantic sturgeon (Acipenser oxyrinchus) is identified by VAFWIS as occurring within the river. As such, a time-of-year restriction (TOYR) on in-stream work is typically required from February 15 to June 30, particularly for activities that may generate excessive noise or increase turbidity. The Applicant is requesting relief from the TOYR to allow the rehabilitation work to begin prior to June 30 to meet project funding requirements.

The proposed work is not expected to generate excessive noise, and turbidity curtains may be used during construction to contain any suspended sediments as a result of the proposed work.

Cultural and Historic Resources

The Department of Historic Resources Virginia Cultural Resources Information System was searched for known archaeological sites within the project limits and architectural sites within a 0.5-mile vicinity of the project. Several resources that are listed or eligible for listing on the National Register of Historic Places were identified within the vicinity of the project site (Appendix E). The identified archaeological sites have been previously disturbed through the construction of the Colonial Parkway. Artifacts associated with these sites have been displaced from their original locations resulting in a loss of integrity of these sites.

Nonetheless, the project does not require excavation or ground disturbance within the limits of the identified archaeological sites. Prior to construction, the Colonial National Historical Park (CNHP) archaeologist shall be notified. Should any artifacts be unearthed during construction, the CNHP will be contacted immediately. Based on the scope of the project, no adverse effects to cultural or historic resources are expected.

100-Year Floodplain

The project is located within the limits of the 100-Year floodplain as mapped on FEMA panels 51199C0064D and 51199C0068D (Appendix C). The project does require fill within the AE zone; however, based on the extent of the York River relative to the proposed fill, the project is not expected to result in any rise within the associated floodplain.

On behalf of the Applicant, we are requesting approval from the appropriate regulatory agencies for the proposed York River Shoreline Stabilization project. Thank you for your attention to this request. If you have any questions or require additional information, please contact me at your earliest convenience.

Regards, Christine F. Conrad, Ph.D.

Director of Environmental Services C2 Environmental, Inc.

(O): 757-223-0071 (M): 757-778-7857 Email: cconrad@c2environmental.com

CC: Kym Hall, Colonial National Historical Park (via email) Hugh Morris, GM Hill (via email) Rick Townsend, Collins Engineers (via email)

Enclosures

Appendix A – Tidewater Joint Permit Application Appendix B – Project Graphics Appendix C – Preliminary Jurisdictional Determination Request Appendix D – Threatened and Endangered Species Information Appendix E – Cultural and Historic Resources Information mailto:cconrad@c2environmental.com

APPENDIX A

DEQ: Permit application fees required for Virginia Water Protection permits – while detailed in 9VAC25-20 – are conveyed to the applicant by the applicable DEQ office (http://www.deq.virginia.gov/Locations.aspx). Complete the Permit Application Fee Form and submit it per the instructions to the address listed on the form. Instructions for submitting any other fees will be provided to the applicant by DEQ staff.

VMRC: An application fee of $300 may be required for projects impacting tidal wetlands, beaches and/or dunes when VMRC acts as the LWB. VMRC will notify the applicant in writing if the fee is required. Permit fees involving subaqueous lands are $25.00 for projects costing $10,000 or less and $100 for projects costing more than $10,000. Royalties may also be required for some projects. The proper permit fee and any required royalty is paid at the time of permit issuance by VMRC. VMRC staff will send the permittee a letter notifying him/her of the proper permit fees and submittal requirements.

LWB: Permit fees vary by locality. Contact the LWB for your project area or their website for fee information and submittal requirements. Contact information for LWBs may be found at http://ccrm.vims.edu/permits_web/guidance/local_wetlands_boards.html.

FOR AGENCY USE ONLY

Notes:

JPA #

APPLICANTS

Part 1 – General Information

PLEASE PRINT OR TYPE ALL ANSWERS: If a question does not apply to your project, please print N/A (not applicable) in the space provided. If additional space is needed, attach 8-1/2 x 11 inch sheets of paper.

Check all that apply Pre-Construction Notification (PCN)

NWP # _____________________

(For Nationwide Permits ONLY - No DEQ- VWP permit writer will be assigned)

Regional Permit 17 (RP-17)

County or City in which the project is located:_________________________________________ Waterway at project site:___________________________________________________________ PREVIOUS ACTIONS RELATED TO THE PROPOSED WORK (Include all federal, state, and local pre application coordination, site visits, previous permits, or applications whether issued, withdrawn, or denied) Historical information for past permit submittals can be found online with VMRC - https://webapps.mrc.virginia.gov/public/habitat/ - or VIMS

- http://ccrm.vims.edu/perms/newpermits.html

Agency Action / Activity Permit/Project number, including any non-reporting Nationwide permits previously used (e.g., NWP 13)

Date of Action

If denied, give reason for denial

Application Revised: 5 x

3 or 13 or RP-19

York County

York River

USACE Permit (Adjacent Areas) NAO-2011-0400 11/13/12

VMRC Permit (Adjacent Areas) 2012-1538 12/14/13

Part 1 - General Information (continued)

1. Applicant’s legal name* and complete mailing address: Contact Information:

Home (____)_____________ Work (____)_____________ Fax (____)_____________ Cell (____)_____________ e-mail __________________

State Corporation Commission Name and ID Number (if applicable) _____________

2. Property owner(s) legal name* and complete address, if different from applicant: Contact Information:

Home (____)_____________ Work (____)_____________ Fax (____)_____________ Cell (____)_____________ e-mail __________________

State Corporation Commission Name and ID Number (if applicable) _____________

3. Authorized agent name* and complete mailing Contact Information:

address (if applicable): Home (____)_____________

Work (____)_____________ Fax (____)_____________ Cell (____)_____________ e-mail __________________

State Corporation Commission Name and ID Number (if applicable) _____________

* If multiple applicants, property owners, and/or agents, each must be listed and each must sign the applicant signature page.

4. Provide a detailed description of the project in the space below, including the type of project, its dimensions, materials, and method of construction. Be sure to include how the construction site will be accessed and whether tree clearing and/or grading will be required, including the total acreage. If the project requires pilings, please be sure to include the total number, type (e.g. wood, steel, etc), diameter, and method of installation (e.g. hammer, vibratory, jetted, etc). If additional space is needed, provide a separate sheet of paper with the project description.

Application Revised: 6

757 898-2400

Kym_Hall@nps.gov

757 233-0071

757 778-7857 cconrad@c2environmental.com

08007031

Colonial National Historical Park c/o Kym Hall PO Box 210 Yorktown, VA 23690

C2 Environmental, Inc.

c/o Christine F. Conrad, Ph.D.

11818 Rock Landing Drive Suite 103 Newport News, VA 23606

The project includes maintenance to two discrete sections of existing rip rap revetment along the York River in York County, Virginia. The project proposes to top dress the existing rip rap with additional Class III stone to raise the crest to elevation to +5 feet (FT) in Area 1 and +9 FT in Area 2. The maintenance will restore the revetment to a 2:1 slope and stabilize the toe of the revetment with additional rock fill. Backshore areas are proposed to be filled with sand and gravel and planted or seeded with upland species to further stabilize the banks. As proposed, the project will require an additional 9,393 SF of fill within subaqueous bottom for the additional rip rap. There are no impacts to vegetated tidal wetlands proposed. The existing and proposed conditions are summarized in Table 1 of the attached permit support documentation and shown on the corresponding project graphics in Appendix B.

5. Have you obtained a contractor for the project? ___ Yes* ___ No. *If your answer is “Yes” complete the remainder of this question and submit the Applicant’s and Contractor’s Acknowledgment Form (enclosed) Contractor’s name* and complete mailing address: Contact Information:

Home (____)_____________ Work (____)_____________ Fax (____)_____________ Cell (____)_____________ email __________________

State Corporation Commission Name and ID Number (if applicable) _____________________

* If multiple contractors, each must be listed and each must sign the applicant signature page.

6. List the name, address and telephone number of the newspaper having general circulation in the area of the project. Failure to complete this question may delay local and State processing.

Name and complete mailing address: Telephone number

7. Give the following project location information:

Street Address (911 address if available)_________________________________________ Lot/Block/Parcel#___________________________________________________________ Subdivision________________________________________________________________ City / County___________________________________ ZIP Code_____________________ Latitude and Longitude at Center Point of Project Site (Decimal Degrees):

________________________ / -________________________ (Example: 36.41600/-76.30733)

If the project is located in a rural area, please provide driving directions giving distances from the best and nearest visible landmarks or major intersections. Note: if the project is in an undeveloped subdivision or property, clearly stake and identify property lines and location of the proposed project. A supplemental map showing how the property is to be subdivided should also be provided.

8. What are the primary and secondary purposes of and the need for the project? For example, the primary purpose may be “to protect property from erosion due to boat wakes” and the secondary purpose may be “to provide safer access to a pier.”

Application Revised: 7 x

757 247-4600

GPIN 012a-1340-4229

York County 23691

Area 1/37.273364 & Area 2/37.268356 Area 1/-76.581525 & Area 2/-76.554990

Daily Press 703 Mariners Row Newport News, VA 23606

The project sites are located along the Colonial Parkway. Area 1 is located east of the bridged crossing of Felgates Creek. Area 2 is located east of the bridged crossing of Indian Field Creek.

The primary purpose of the project is to protect landward roadway, parking areas, and adjacent historic areas. The secondary purpose is the long-term stabilization of the York River shoreline.

9. Proposed use (check one):

___ Single user (private, non-commercial, residential) ___ Multi-user (community, commercial, industrial, government)

10. Describe alternatives considered and the measures that will be taken to avoid and minimize impacts, to the maximum extent practicable, to wetlands, surface waters, submerged lands, and buffer areas associated with any disturbance (clearing, grading, excavating) during and after project construction.

Please be advised that unavoidable losses of tidal wetlands and/or aquatic resources may require compensatory mitigation.

11. Is this application being submitted for after-the-fact authorization for work which has already begun or been completed? ___Yes ___No. If yes, be sure to clearly depict the portions of the project which are already complete in the project drawings.

12. Approximate cost of the entire project (materials, labor, etc.): $___________________________ Approximate cost of that portion of the project that is channelward of mean low water:

13. Completion date of the proposed work:________________________________-_____________

14. Adjacent Property Owner Information: List the name and complete mailing address, including zip code, of each adjacent property owner to the project. (NOTE: If you own the adjacent lot, provide the requested information for the first adjacent parcel beyond your property line.) Failure to provide this information may result in a delay in the processing of your application by VMRC.

Application Revised: 8 x x

>$500,000

<500,000

December 2020

The project is part of an overall, ongoing effort to maintain the existing shoreline protection measures along the York River within the Colonial National Historical Park. Alternatives were evaluated in an Environmental Assessment. The proposed maintenance activities minimize impacts by updating existing structures already in place.

Yorktown Naval Weapons Station/Cheatham Annex 160 Main Road Yorktown, VA 23691-0160

Project is located on Federally-owned property

3/2/2020

Part 3 – Appendices (continued)

Appendix B: Projects for Shoreline Stabilization in tidal wetlands, tidal waters and dunes/beaches including riprap revetments and associated backfill, marsh toe stabilization, bulkheads and associated backfill, breakwaters, beach nourishment, groins, jetties, and living shoreline projects. Answer all questions that apply.

Please provide any reports provided from the Shoreline Erosion Advisory Service or VIMS.

NOTE: It is the policy of the Commonwealth that living shorelines are the preferred alternative for stabilizing tidal shorelines (Va. Code § 28.2-104.1). Information on non-structural, vegetative alternatives (i.e., Living Shoreline) for shoreline stabilization is available at http://ccrm.vims.edu/coastal_zone/living_shorelines/index.html.

1. Describe each revetment, bulkhead, marsh toe, breakwater, groin, jetty, other structure, or living shoreline project separately in the space below. Include the overall length in linear feet, the amount of impacts in acres, and volume of associated backfill below mean high water and/or ordinary high water in cubic yards, as applicable:

2. What is the maximum encroachment channelward of mean high water?_______feet.

Channelward of mean low water?_______feet.

Channelward of the back edge of the dune or beach?_____feet.

3. Please calculate the square footage of encroachment over:

Vegetated wetlands __________square feet Non-vegetated wetlands __________square feet Subaqueous bottom __________square feet Dune and/or beach __________square feet

4. For bulkheads, is any part of the project maintenance or replacement of a previously authorized, currently serviceable, existing structure? ____ Yes____ No.

If yes, will the construction of the new bulkhead be no further than two (2) feet channelward of the existing bulkhead? _____Yes ____No.

If no, please provide an explanation for the purpose and need for the additional encroachment.

Application Revised: 17

Area 2 - Indian Field CreekArea 1 - Felgates Creek

N/A

5,146

The project includes repairs and upgrades to existing revetments in two locations along the York River shoreline. Are 1 includes 442 LF of revetment and Area 2 includes 732 LF. The project will not impact any vegetated tidal wetlands. New rip rap will be added to the existing revetment in these locations to raise the crest elevations and maintain a 2:1 slope. The project will result in an additional 9,393 SF of fill channelward of mean low water (MLW).

The project does not include a bulkhead.

Part 3 – Appendices (continued)

5.

6.

7.

Describe the type of construction and all materials to be used, including source of backfill material, if applicable (e.g., vinyl sheet-pile bulkhead, timber stringers and butt piles, 100% sand backfill from upland source; broken concrete core material with Class II quarry stone armor over filter cloth).

NOTE: Drawings must include construction details, including dimensions, design and all materials, including fittings if used.

If using stone, broken concrete, etc. for your structure(s), what is the average weight of the:

Core (inner layer) material__________ pounds per stone Class size ________ Armor (outer layer) material __________ pounds per stone Class size ________

For beach nourishment, including that associated with breakwaters, groins or other structures, provide the following:

Volume of material

Area to be covered

___________ cubic yards channelward of mean low water ___________ cubic yards landward of mean low water ___________ cubic yards channelward of mean high water ___________ cubic yards landward of mean high water

___________ square feet channelward of mean low water ___________ square feet landward of mean low water ___________ channelward of mean high water ___________ landward of mean high water

Source of material, composition (e.g. 90% sand, 10% clay):___________________________ Method of transportation and placement:

Describe any proposed vegetative stabilization measures to be used, including planting schedule, spacing, monitoring, etc. Additional guidance is available at http://www.vims.edu/about/search/index.php?q=planting+guidelines:

Application Revised: 18

335 CY (Area 1) + 931 CY (Area 2) =

5,375 SF (Area 1) + 12,050 SF (Area 2) =

500-1,500 III

1,266

17,425

100% sand - D50 of 0.6mm +/-0.25mm

The construction site will be accessed via barge from the water

The project proposes to topdress portions of an existing rip rap revetment along the southern shore of the York River. Class III stone will be used to fortify the existing revetment and increase the crest elevation to effectively protect the backshore area. Where new rock will be placed on existing grade, filter cloth will be used. Backshore areas (all are located above MHW) will be filled with clean sand and gravel. A ten-foot buffer area landward of the revetment crest will be seeded and stabilized with appropriate vegetation. Please see the attached engineer drawings in Appendix B for further details.

The backshore areas are located entirely landward of mean high water. The areas are proposed to be seeded and stabilized along an approximate ten-foot buffer with appropriate vegetation for site conditions.

APPENDIX B

Project Graphics

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York River Flood

Ebb

Colonial National Historic Pkwy

Felgates Creek

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

York River Shoreline Stabilization York County, Virginia

Colonial National Historical Park

0085 JAG 02/11/20

SHEET 1 OF 2

EXISTING CONDITIONS MAP - AREA 1

/1 2/

:2

5:

P M

S:\Projects\0085 - York River Shoreline Stabilization\GIS_CADD\mxd\0085_existing_conditions1.mxd

C2 Env Project: Prepared By: Date:

Owner/Developer:

Approximate Project Location

Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri

0 125 25062.5 Feet Scale is when printed at original size of 11 x 171 IN = 125 FT

SITE DATA

Project Area 1 (+/- 6.2 AC) Mean High Water (+2.26 FT NAVD 88) Mean Low Water (+0.0 FT NAVD 88) Mean Tide Range (+3.39 FT NAVD 88)

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Vegetated Tidal Wetlands (+/- 0.26 AC) Non-Vegetated Tidal Wetlands (+/- 0.23 AC) Tidal Riverine (+/- 1.37 AC) ýý ýý ýý

Existing Rip Rap (+/- 0.25 AC) Existing 1 FT Contour

Notes:

1. Basemap from ESRI World Imagery 2020.

2. Base survey data, including topographic contours, tidal elevations and existing rip rap conditions provided by the US Army Corps of Engineers survey performed April- May 2019.

3. Horizontal datum is VA South Zone 4502, NAD 83. Vertical datum is NAVD 88 with mean low water corrected to elevation 0.0 feet above mean sea level.

4. Wetlands and other waters of the US within the project area were field delineated by C2 Environmental in January 2020 by means of a Trimble R1 GPS. These features are for planning purposes only and have not been confirmed by the US Army Corps of Engineers.

5. Roads provided by VGIN.

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Ebb

York River

Indian Field Creek

Colonial National Historic Pkwy

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

York River Shoreline Stabilization York County, Virginia

Colonial National Historical Park

0085 JAG 02/11/20

SHEET 2 OF 2

EXISTING CONDITIONS MAP - AREA 2

/1 2/

:1

5:

P M

S:\Projects\0085 - York River Shoreline Stabilization\GIS_CADD\mxd\0085_existing_conditions2.mxd

C2 Env Project: Prepared By: Date:

Owner/Developer:

Approximate Project Location

Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri

0 125 25062.5 Feet Scale is when printed at original size of 11 x 171 IN = 125 FT

SITE DATA

Project Area 2 (+/- 4.94 AC) Mean High Water (+2.26 FT NAVD 88) Mean Low Water (+0.0 FT NAVD 88) Mean Tide Range (+3.39 FT NAVD 88) Tidal Riverine (+/- 0.98 AC) ýý ýý ýý

Existing Rip Rap (+/- 0.34 AC) Existing 1 FT Contour

Notes:

1. Basemap from ESRI World Imagery 2020.

2. Base survey data, including topographic contours, tidal elevations and existing rip rap conditions provided by the US Army Corps of Engineers survey performed April- May 2019.

3. Horizontal datum is VA South Zone 4502, NAD 83. Vertical datum is NAVD 88 with mean low water corrected to elevation 0.0 feet above mean sea level.

4. Wetlands and other waters of the US within the project area were field delineated by C2 Environmental in January 2020 by means of a Trimble R1 GPS. These features are for planning purposes only and have not been confirmed by the US Army Corps

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