140P2021R0133_Amend_0003_0003.pdf

(x)

140P2021R0133 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

08/05/20210003

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

07/15/2021

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.)

PEVI 200745 - Restore North and South Seawalls at Perry's Victory and International Peace

Memorial

Amendment 0003 issued to do the following:

1. To attach the site visit sign-in sheet.

2. Incorporate the questions and answers into the solicitation.

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)

Bai Perney

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 .

140P2021R0133 Amendment 0003

Questions and Answers

1. Question: In the attachment “Project Experience Questionnaire”, under PROJECT EXPERIENCE QUESTIONS in #2, please clarify the question “Identify which Project Experience elements listed in section L of the solicitation each contractor’s work addresses.” What is the Project Experience elements listed in section L?

Answer: Project Experience elements are on page 56 of 62, elements in FACTOR 1 – PROJECT EXPERIENCE

Submit the attached "Project Experience" form addressing specific experience elements below for up to five (5) relevant seawall projects completed in the last ten (10) years. Submit separate forms for each project. NOTE: Submit the same project information for Past Performance (FACTOR 5) as submitted under this factor. The proposal shall address the following elements:

i. Logistics, Coordination and Process - Experience working from barges in congested areas of high public interest and public use that are similar in scope, magnitude, and complexity to this requirement while maintaining safe public and roadway access, full use of adjacent buildings, maintaining existing utilities, working in areas with tight construction constraints (e.g., North Seawall Center Section), coordinating and communicating with Owner personnel, and minimizing disruption to the public.

ii. Cultural, & Historical Resources – Experience with permitting complying with the National Environmental Policy Act (NEPA); and protecting natural and cultural resources during construction of similar scope, magnitude, and complexity of this solicitation.

iii. Means/Methods – Experience with marine construction including stabilization and rehabilitation of seawalls, especially concrete seawalls with complex geometry (e.g. Galveston profile); placing concrete via tremie method, and ancillary site work including turf restoration, site restoration, lighting, concrete flatwork, interpretive design elements, stormwater drainage, and pumping systems, and irrigation systems; on-time and within budget that are similar in scope, magnitude, and complexity to this solicitation.

2. Question: For FACTOR 1- PROJECT EXPERIENCE, can subcontractor’s relevant seawall projects be considered as experience?

Answer: Yes.

3. Question: What does the 150-foot limit of in water construction activities cover?

Answer: This limited area is for any in water disturbance including; dredging, spuds, excavation etc. A Contractor can access from outside of this zone into this zone so there is no restricted travel, other than compliance with navigation on Lake Erie and around South Bass Island etc.

4. Question: On the South Seawall the wall and sidewalk are shown to be raised and then tie back into grade. Will there be stairs in the existing walkways to accomplish this?

Answer: No, the plans show that the walkways are to be sloped, accessible, and tied back to the existing walkways without stairs.

5. Question: There is a requirement for Archeological and Biological Monitors. Who is responsible for providing and paying for these Monitors?

Answer: The Archeological and Biological Monitor are the responsibility of the Government, both providing the monitor and cost for the monitor. The contractor is responsible for coordination with the monitors.

6. Question: What about the Lake Erie Water Snake?

Answer: Suitable habitat for the state-listed threatened Lake Erie Water Snake occurs at the project site, specifically along the shoreline with Lake Erie. Measurements and precautions must be taken to avoid and minimize impacts to the Lake Erie Watersnake, in accordance with Ohio Department of Natural Resources requirements, and in accordance with the Biological Monitor. Avoidance and minimization measures may include, but are not limited to: daily and/or periodic inspections of holes or trenches for the Lake Erie Watersnake; daily and/or periodic inspections of the work area for the Lake Erie Watersnake; limiting heavy machinery to only that which is necessary; restrictions on excavation October 15 to April 15 or when air temperature is below 60 degrees or in accordance with ODNR/Biological Monitor; stopping work if Lake Erie Watersnakes are found. As stated, this is the Government’s responsibility to provide the monitor. Contractor must work with the NPS’ Biological Monitor to avoid and minimize impacts to the Lake Erie Watersnake. Mitigation for the Lake Erie Watersnake is not anticipated at this time.

7. Question: Has anyone asked if there is any interest on the island, or surrounding area, for the concrete that will be generated as a result of the demolition of existing concrete walls within this project?

Answer: The Government has not identified any source for receiving the demolished concrete from this project.

The Contractor is responsible for any investigation, agreements, arrangements, etc. The Contractor is responsible for complying with the requirements of the demolition, waste handling, Waste Management Plan, and legal disposal.

8. Question: What is a CMR?

Answer: The Government will provide a Construction Management Representative (CMR). The CMR will be the Government’s onsite eyes and ears and will provide Quality Assurance. The Contractor is responsible for all Quality Control (QC) as outlined in the contract documents. The CMR will observe and ensure that these QC procedures are completed and acceptable.

9. Question: What are the Small Business Requirements identified in the solicitation?

Answer: The Government will provide a Construction Management Representative (CMR). The CMR will be the Government’s onsite eyes and ears and will provide Quality Assurance. The Contractor is responsible for all Quality Control (QC) as outlined in the contract documents. The CMR will observe and ensure that these QC procedures are completed and acceptable.

10. Question: The question was asked are there any local concrete or stone suppliers?

Answer: The Contractor is responsible for identifying all suppliers and vendors to complete the Scope of Work.

There is a vendor on the island that may be suitable for concrete and/or stone. The contractor is responsible for confirming all suppliers and that products meet contract requirements.

11. Question: The question was asked what commercial transportation providers are available?

Answer: There are multiple commercial carriers including ferry services and airlines that provide access to and from the island.

12. Question: Is the temporary chainlink fencing that gets installed around the construction limits to be driven posts with mesh, or panelized fencing with stands? Can a detail be provided to include height, privacy wrap, and if any barb wire is needed?

Answer: Details of the construction fence are provided in specification 01 50 00 Section 2.1.

13. Question: Is it the intent to pay the contractor off of the Contract Price Schedule, or will there be an agreed upon schedule of values in which the monthly pay applications will utilize?

Answer: A Schedule of Values, which will form the basis for progress payments, will be based on the Contract Price Schedule. The Contractor is required to provide a detailed Schedule of Values per Specification 01 31 00 Project Management and Coordination and 01 32 16 Construction Schedule.

14. Question: Which Contract Price Schedule Line Item includes erosion control? Since erosion control acts as a complete system, should we include it under line Item 12 – Site Restoration – All Others?

Answer: It is the Contractor's responsibility to distribute erosion control measures as appropriate amongst the CLINs; the proposed CLIN for site restoration would be one acceptable approach.

15. Question: Special Clause H4 states that the contractor shall ensure a minimum 15% of the contract value is performed by Small Business. The Small Business Subcontracting Plan states that the NPS FY21 goals are 43.25%, VOBC are 3%, SDVOC are 3%, HUBZone are 3%, SDBC are 5%, and SWOBC are 5%. Please provide clarity on the overall goal for this project and if there is a percentage breakdown per group that needs to be met.

Please confirm if this is a goal or a requirement. Please clarify what happens should the contractor not be able to met the Small Business goals / plan.

Answer: Small Business goals percentage are to show what NPS FY21 goals are. The goal of the overall project is for the Contractor to achieve at minimum 15% of the contract value was performed by small businesses. This subcontracting plan shall be done in good faith to achieve the goals. The failure of the Contractor to comply in good faith with an approved plan required may be considered in any past performance evaluation.

16. Question: Section 01 11 00 states that the project area is subject to seasonal & holiday restrictions & to coordinate with the CO for a schedule of events & activities. Please provide the scheduled events and activities and the associated restrictions so that we may include these into our technical proposal schedule.

Answer: Per Specification 01 11 00 Summary of Work, work on Saturdays, Sundays, Federal holidays or at night may not be performed without prior consent from the Contracting Officer. Submit requests in advance 48 hours of the work to the Contracting Officer for approval. There are no other scheduled events or activities at this time.

17. Question: Please confirm NPS will allow the contractor to utilize areas outside the 50 foot disturbance limit as long as the contractor restores the area to existing condition.

Answer: No, these areas have been cleared through an extensive Environmental Assessment effort and additional disturbance is not allowed.

18. Question: Can the Environmental Manager perform other duties on the project or are they designated solely to environmental activities? Does the Environmental Manager need to be on site full time during construction?

Answer: Yes; the Environmental Manager may be assigned other duties. The Environmental Manager or designee is required to be onsite during construction activities.

19. Question: Can the Safety Manager perform other duties on the project or are they designated solely to safety activities? Does the Safety Manager need to be on site full time during construction?

Answer: Yes; the Safety Manager can be assigned other duties. The Safety Manager or designee is required to be onsite during construction activities.

20. Question: Can the Quality Control Supervisor perform other duties on the project or are they designated solely to

QC activities? Does the Quality Control Supervisor need to be on site full time during construction?

Answer: Yes, the Quality Control Manager may be assigned other duties, but cannot be the Superintendent. The Quality Control Manager or designee is not required to be onsite full time during construction activities. The Contractor must meet all Quality Control requirements within the contract documents.

21. Question: Can the Waste Management Coordinator perform other duties on the project or are they designated solely to QC activities? Does the Waste Management Coordinator Supervisor need to be on site full time during construction?

Answer: Yes, the Waste Management Coordinator may be assigned other duties. The Waste Management Coordinator or designee is not required to be onsite full time during construction activities. See also the response to Question #18.

22. Question: Section 01 35 91 Historic Preservation Treatment Procedures requires the qualifications of a Historic

Preservation Treatment Specialist and describes numerous conditions and procedures. There does not seem to be a defined scope for this specification. Please provide a clear scope of work for bidding purposes.

Answer: This applies to the work required to run the electrical conduits through the monument to the monument basement.

23. Question: Technical Proposal Factor 4 requires a schedule be submitted in a MS Project Gantt Chart format. Will

NPS accept a Primavera P6 Gantt Chart format?

Answer: Yes, Primavera P6 is acceptable; provide the native file format(s) and PDF(s).

24. Question: Please provide mitigation requirements or contractor responsibilities as it relates to the Lake Erie

Water Snake.

Answer: See Response to Question #6.

25. Question: Specification 03 30 00 2.09.B States that the contractor may set up an onsite batch plant on a barge only. No landside staging for a concrete batch plant is permitted. It is our understanding that NPS does not want a batch plant in the designated contractor staging area or within the vicinity of the park and downtown area. Is it acceptable for the contractor to setup a batch plant on privately owned property elsewhere on the island?

Answer: The contractor is responsible for procuring or producing all materials, including concrete, that meet the requirements of the contract documents. A Batch plan that meets the requirements of the contract documents can be anywhere that is legally arranged by the contractor. The contract documents the restrictions accurately.

26. Question: To help ensure offerors include the most competitive pricing from subcontractors, which often aren’t received until very shortly before the proposal deadline, would the NPS considering limiting submittal of a Small Business Subcontracting Plan to only offerors in the competitive range as a post-bid discussion item?

Answer: The Subcontracting Plan is a required submittal with your proposal. This Subcontracting Plan, with estimated percentage should be at a minimal 15% of the total proposal price.

27. Question: How will the costs associated with any downtime / stop work order related to the Lake Erie water snake or freshwater mussels be handled?

Answer: Any potential changes or differing site conditions will be handled on a case by case basis by the Contracting Officer. See also Specification 01 26 01 Contract Modification Procedures and 01 32 16 Construction Schedule, especially Time Impact Analysis.

28. Question: Will Ohio EDGE or ODOT DBE certified subcontractors count towards the SBE goals?

Answer: No.

29. Question: Do second tier SBE suppliers and subcontractors count towards the SBE goals?

Answer: Yes.

30. Question: Factor 1 – Project Experience of the Technical Proposal requires up to 5 projects completed within the last 10 years. Will NPS accept project experience for projects near completion (75% - 80% complete)?

Answer: Yes, as long as it meets the similar in scope, magnitude, and complexity to this requirement.

31. Question: The Statement of Structural Tests and Special Inspections behind spec section 01 40 00 – Quality

Requirements calls for concrete and soil inspectors to be NICET qualified. We request that ACI, ODOT, and NETTCP certifications also be acceptable.

Answer: This is acceptable.

32. Question: Is the government providing the arborist in 31 32 10?

Answer: No, this is the responsibility of the Contractor.

33. Question: Spec section 03 30 00 paragraph 4. Temperature range requirements for “Massive Concrete”. Please confirm which wall sections are to be considered mass concrete. Provide any required temperature change limits, or any additional requirements for placement of these sections.

Answer: No concrete is considered as massive concrete. The maximum normal temperature for concrete placement is 90 degrees F. If temperatures are expected above this the Hot Weather Requirements in 03 30 00 paragraph 4d shall be followed.

34. Question: Drawing S-502 note 3. states “Existing joints shall have new sealant and backer rod installed per details 4 and 5 to EL 568.8 or mudline, whichever is higher.” Can an approximate quantity be provided for bidding purposes?

Answer: Approximately 640 LF of joint shall be replaced.

35. Question: Drawing A-101 General Notes #6 specifies "COLORS FROM BRICKFORM (SOLOMON COLORS)

OR APPROVED EQUAL. Will L&M Industries SimStain be accepted as an approved equal?

Answer: Other concrete color manufactures, including L&M Industries SimStain, will be considered if the colors are similar. These are to be submitted during shop drawings for color selection.

36. Question: Specification Section 03 30 00-22, Part 3 EXECUTION, 3.01 MOCKUP, C 1.a requires a 10' x 10' concrete sidewalk mockup with sandblasting and color sampling. Will the NPS reconsider having this mockup included within the final plaza to reduce cost and avoid the need for creating multiple stencils that have a one time use?

Answer: The NPS will not consider incorporating this required mockup into the final work.

37. Question: Will the previous questions and addenda be re-issued and made a part of this solicitation?

Answer: Yes, the relevant questions 1-52 of the previous solicitation have been provided with numbering continued. New questions and responses 53 and on are new questions specific to this solicitation. Other questions and responses are not part of this solicitation.

38. Question: Is the bid time posted in the solicitation 2:00 Eastern Standard Time or Mountain Time?

Answer: Mountain Daylight Time.

39. Question: Per spec section 03 30 00 section 2.01 paragraph C. 13.a “All concrete placed underwater or in the splash zone shall contain an anti-washout admixture, MasterMatrix UW 450 or approved equal that meets the requirements of USACE CRD-C661-06” Can you please identify the concrete that is considered to be in the “Splash zone” .

Answer: The splash zone is from Low Lake Level, 569.8 to the top of the seawall.

40. Question: Specification Section 03 30 00 – Concrete 2.09.B.1 states “The Contractor is permitted to set up an onsite batch plant on a barge only. No landside staging for a batch plant is permitted.” Drawing G-151 shows the Limit of In Water Construction Activities at 150 feet from the face of the existing seawalls on both the North and South walls. The current water depths within the 150 foot construction limits are too shallow for a barge mounted batch plant and the associated support barges to float. Will the NPS and the associated permits allow for the batch plant to be stationed and operated outside of the 150 foot Limit of In Water Construction Activities?

Answer: Per conditions in the current permit and agency compliance documentation, disturbance of the lake bed is limited to that 150ft from the seawalls. Equipment is allowed outside this area but no disturbance is allowed to the lake bed. See also responses to Questions 25 and 42.

41. Question: Per spec section 03 30 00 section 2.01 paragraph C. 11 “Corrosion inhibiting admixture shall be a calcium nitrate solution containing a minimum of 30 percent calcium nitrate. The quantity of mix water shall be adjusted to account for the water portion of the calcium nitrate solution. As the calcium nitrate solution accelerates setting time, retarding admixtures shall be provided as needed, unless the admixture has been formulated to not accelerate setting.” Can you please identify the dosage rate or required chloride protection?

Answer: Per the specification 2.02 B.9.B soluble chlorides, as CI, shall be limited to not more than 0.15 percent by weight of the cement. The admixture dosage rates should be determined by the contractor/concrete supplier based on the characteristics of the various admixtures being used as implied in the spec section 2.01 C.11 stated.

42. Question: Specification Section 03 30 00 – Concrete 2.09.B.1 states “The Contractor is permitted to set up an onsite batch plant on a barge only. No landside staging for a batch plant is permitted.” Is this requirement to prohibit the use of a land based batch plant located only on NPS property and the designated contractor’s area, or is it to prohibit concrete trucks from utilizing roadways through town from a land based source?

Answer: This requirement is prohibiting land based batch plants on NPS property and the contractor’s staging area. No restriction is set in place by NPS for batch plants elsewhere on the island. The Contractor will have to coordinate with the relevant agencies, companies, landowners, etc. for approval. See also responses to Questions 33 and 56.

43. Question: We would like permission to provide pricing for Bio-Engineered Natural Living Shoreline as alternate to installing concrete seawall at a lower cost and less time duration.

Answer: A bio-engineered natural living shoreline is not permitted. This alternative was evaluated in design and was determined to not provide sufficient erosion and flooding protection that the proposed seawalls will provide in addition to significant operation and maintenance requirements. This alternative was also not provided for in the agency compliance (e.g. Environmental Assessment) nor permitting.

44. Question: Plan Sheet 4/143 – Demolition & Removal Note 5 states, “According to the 1976 as-built drawings 6” wide asbestos boards are located at the existing expansion/contraction joints.” Has an asbestos survey been performed to confirm the presence of these asbestos boards or will the Contractor be required to perform this survey?

Answer: An asbestos survey has not been performed to confirm the presence of the asbestos boards. The boards are assumed to exist and are the responsibility of the Contractor to safely locate and demolish/remove per the rest of Note 5, with the entire note being included here for convenience: "ACCORDING TO THE 1976 AS-

BUILT DRAWINGS 6" WIDE ASBESTOS BOARDS ARE LOCATED AT THE EXISTING

EXPANSION/CONTRACTION JOINTS. THE CONTRACTOR SHALL VERIFY ON SITE THE LOCATION OF THE BOARDS AND ENSURE THE DEMOLITION AND REMOVAL IS IN ACCORDANCE WITH THE RELEVANT CODES AND STANDARDS." Asbestos nor hazardous materials are not expected to be encountered in any of the other demolition activities. If hazardous materials are encountered immediately inform the Contracting Officer.

45. Question: Plan Sheet 6/143 – Phasing Note 4 states, “Waterside work and equipment staging shall comply with permits,” however, it does not appear that the 404/401 permits have been provided as part of the bidding documents. Will these permit documents/authorizations be made available to the bidders?

Answer: Yes, see "Transmittal of PROVISIONAL Department of the Army Permit No. LRB-2020-00486, Nationwide Permit No. 3 as Published in the Federal Register, Volume 82, No. 4, on Friday, January 6, 2017" provided in Amendment 0003 for the terms and provisions associated with Clean Water Act Sections 401 and

404. See also for informational purposes "Federal Consistency review pursuant to the Coastal Zone Management Act of 1972" and "Withdrawal Request, Shore Structure Permit Application 20-OTT-20, Temporary Shore Structure Permit Application 20-TOTT-31", which resulted in no additional requirement for a Ohio Department of Natural Resources (ODNR) Shore Structure Permit nor Temporary Shore Structure Permit.

46. Question: Is there flexibility in the schedule where the Contractor can perform construction on the south wall in the first season and the north wall the second season?

Answer: Yes, the Contractor may construct the South Seawall (i.e. Phases 2A and 2B) in the first year/season of the construction contract and the North Seawall (i.e. Phases 1A and 1B) in the second year/season. Each overall Phase (i.e. North or South) must be completed in one season so no Seawall is left incomplete over the winter.

Each Phase 1A and 2A must be completed before July 1 of each respective construction season as described in Specification 01 11 00. One reason for the proposed sequencing is to mitigate coordination with an in-design construction project focused on the Memorial Plaza and Bayview Avenue that is anticipated to be awarded prior to the second season of this construction contract. If the Contractor chooses to construct the South Seawall in the first season and the North Seawall in the second season, it may require significantly more coordination with this other construction project and Contractor.

OFFICE OF COASTAL MANAGEMENT

1031 PIERCE STREET, SUITE A, SANDUSKY, OH 44870 419-626-7980 / (888) 644-6267 COASTAL.OHIODNR.GOV

March 30, 2021

Via Email Barbara Rowles, Superintendent United States Department of the Interior, National Park Service Perry’s Victory and International Peace Memorial 93 Delaware Avenue, P.O. Box 549 Put-in-Bay, Ohio 43456-0549 Barbara_Rowles@nps.gov

Re: Withdrawal Request Shore Structure Permit Application 20-OTT-20 Temporary Shore Structure Permit Application 20-TOTT-31

Dear Superintendent Rowles:

The Ohio Department of Natural Resources (ODNR) Office of Coastal Management received your written request to withdraw your Shore Structure Permit and Temporary Shore Structure Permit applications on March 9, 2021. The applications were received initially on August 4, 2020 and December 18, 2020, respectively.

As requested, ODNR has withdrawn your applications.

ODNR has greatly appreciated your efforts to provide the necessary information and the early and open dialog regarding the regulatory requirements for proposed improvements to the Memorial site. No other actions are necessary related to the Shore Structure Permit or Submerged Lands Lease authorities.

Please contact us if you have any questions. Thank you for your cooperation in managing Ohio’s Lake Erie coastal resources.

Sincerely, Jason Trapp Deborah L. Beck

Jason Trapp, P.E. Deborah L. Beck, P.E.

Natural Resources Engineer Assistant Chief Jason.Trapp@dnr.ohio.gov Deborah.Beck@dnr.ohio.gov

(419) 609-4110 (419) 609-4112 ec: Scudder D. Mackey, Ph.D., Chief, Office of Coastal Management

Steve Holland, Federal Consistency Administrator, Office of Coastal Management Brian Swartz, U.S. Army Corps of Engineers, Department of the Army Permit No. 2020-00486 Ryan Wnuk, PWS, Jacobs Engineering Group Derek Lobedan, P.E., Jacobs Engineering Group Rodney A. Karr, U.S. Department of the Interior, National Park Service Dennis J. Brookie, U.S. Department of the Interior, National Park Service Connie E. Chitwood, U.S. Department of the Interior, National Park Service

February 11, 2021 Regulatory Branch

SUBJECT: Transmittal of PROVISIONAL Department of the Army Permit No. LRB-2020- 00486, Nationwide Permit No. 3 as Published in the Federal Register, Volume 82, No. 4, on Friday, January 6, 2017.

Ms. Barbara Rowles National Park Service 93 Delaware Ave, PO Box 549 Put-In-Bay, Ohio 43456

Dear Ms. Rowles:

I am writing to you regarding your proposal to repair the North and South Seawalls at Perry’s Victory and International Peace Memorial located on Put-In-Bay Island, Ottawa County, Ohio (Sheet 1 of 19).

Specifically, you are proposing to repair approximately 1,723 linear feet (LF) of the Northern Seawall (Sheets 2 to 19 of 19). The project will require the temporary excavation of approximately 820 cubic yards (CY) of lake sediments below the ordinary high water (OHW) of Lake Erie (573.4 International Great Lakes Datum (IGLD), 1985) to install a trench shield or similar man-made shoring device along approximately 1,143 LF of the shoreline. A temporary turbidity boom approximately 50 feet offshore. All but 128 LF of the repairs to the Northern Seawall are to be above the OHW. Near the approximate center, the wall is to be relocated approximately 15 to the north which will require the excavation of approximately 339 CY of lake sediments and placement of approximately 185 CY of concrete and 140 CY of earthen materials below the OHW.

Approximately 1,543 LF of the South Seawall will be repaired in place, above the OHW except for an approximate 80-foot extension at the west end (Sheets 13 to 19 of 19).

Approximately, 80 LF of a temporary shoring device will be installed at this location.

Approximately 8 feet of the 80-foot extension will require work below the OHW including the excavation of approximately 55 CY of lake sediments and permanent placement of 2 CY of riprap.

In addition, the existing storm water system will be repaired through Wetland 0.06 (Sheet 15 of 19). The existing stormwater line will be removed, replaced and the area graded to pre-existing contours.

I have determined that your project satisfies the terms and conditions of the attached Nationwide Permit (NWP). However, your project may not conform to all of the conditions contained in the Ohio Coastal Management Program concurrence associated with this NWP.

DEPARTMENT OF THE ARMY

BUFFALO DISTRICT, CORPS OF

ENGINEERS

1776 NIAGARA STREET

BUFFALO, NEW YORK 14207-3199

h5tdrbps Text Box

PLEASE SIGN AND SUBMIT THE COMPLETION FORM ATTACHED TO THIS PERMIT

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SUBJECT: Transmittal of PROVISIONAL Department of the Army Permit No. LRB-2020- 00486, Nationwide Permit No. 3 as Published in the Federal Register, Volume 82, No. 4, on Friday, January 6, 2017

Before you can commence work under this NWP you must obtain an activity specific Coastal Zone Certification (CZM) from the Ohio Department of Natural Resources ODNR) at the following address:

Steve Holland, M.P.A.

Federal Consistency Coordinator Ohio Coastal Management Program ODNR Office of Coastal Management 105 West Shoreline Drive Sandusky, Ohio 44870 419-626-7980

Once you have successfully completed the CZM process, you must forward a copy of the project specific certification to this office. The conditions of the project specific certification will supersede the certification conditions included with the NWP attached to this transmittal. If the project remains unchanged you may commence work under the attached NWP without any further coordination with this office. However, if your project is modified during the Consistency review you will need to contact this office to determine if the modified project is still authorized by the attached NWP. If this situation arises, you may need to furnish a revised permit application, and you may not commence work until you receive Department of the Army authorization.

Verification of the applicability of this NWP is valid until March 18, 2022 unless the NWP is modified, suspended, revoked, or the activity complies with any subsequent permit modification.

Please note in accordance with 33 CFR part 330.6(b), that if you commence or are under contract to commence an activity in reliance of the permit prior to the date this Nationwide permit expires, is suspended or revoked, or is modified such that the activity no longer complies with the terms and conditions, you have twelve months from the date of permit modification, expiration, or revocation to complete the activity under the present terms and conditions of the permit, unless the permit has been subject to the provisions of discretionary authority.

It is your responsibility to remain informed of changes to the NWP program. A public notice announcing any changes will be issued when they occur and will be available for viewing at our website: http://www.lrb.usace.army.mil/Missions/Regulatory.aspx. Finally, note that if your activity is not undertaken within the defined period or the project specifications have changed, you must immediately notify this office to determine the need for further approval or reverification.

In addition to the general conditions attached to the NWP, your attention is directed to the following Special Conditions which are also appended at the end of the NWP General Conditions:

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SUBJECT: Transmittal of PROVISIONAL Department of the Army Permit No. LRB-2020-

1. At the request of an authorized representative of the Buffalo District, U.S. Army Corps of Engineers, the permittee must allow access to the project site to determine compliance with the conditions of this permit.

2. The permittee must provide a copy of the permit to all contractors, subcontractors, and/or workers performing the work authorized by the permit and ensure they have knowledge of the terms and conditions of the permit, including all General and Special Conditions. Prior to commencing work authorized by this permit, a copy of the permit and drawings must be visibly posted at the construction site.

3. All sand and gravel located below the proposed project will be excavated down to clay or bedrock, and side cast into the near shore area either immediately water ward or downdrift of the project area. Verification of the placement of the excavated material within the near shore area shall be documented through the submittal of dated photographs and an accompanying photo location map to Mr. Brian Swartz of the U.S. Army Corps of Engineers, 240 Lake Street, Unit D, Oak Harbor Ohio 43449 within 30 days of commencement of the project.

4. Disturbance to Sandusky Bay must be limited to those areas shown on the attached project plans (Sheet 2 to 6 of 6).

5. To reduce any potential adverse effects on the Federally endangered Indiana bat (Myotis sodalis), trees (woody stems greater than 5 inches Diameter at Breast Height) must not be cut between April 1 and September 30, of any year.

6. To reduce any potential adverse effects on the Federally threatened Northern long-eared bat

(Myotis septentrionalis), trees (woody stems greater than 3 inches Diameter at Breast Height) must not be cut between April 1 and September 30, of any year.

5. The permittee is prohibited from performing in-water work between (April 15th and June

30th) to preclude adverse impacts on the spawning, nursery, and feeding activities of indigenous fish species. For 2021 and 2021 only, in-water work can be performed any time between April 15th and June 30th. Note that this is a one-time waiver and waivers for subsequent years will need to be applied for separately.

7. If any freshwater mussels are encountered during construction, all work must immediately stop and the permittee or their agents/contractors must contact, within 24 hours, the Ohio Department of Natural Resource, Division of Wildlife and the U.S. Army Corps of Engineers at:

Ohio Department of Natural Resources Division of Wildlife State Headquarters

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SUBJECT: Transmittal of PROVISIONAL Department of the Army Permit No. LRB-2020-

2045 Morse Road, Building G Columbus, Ohio 43224 1-800-945-3543

Regulatory Branch ATTN: Brian Swartz U.S. Army Corps of Engineers 240 Lake Street, Unit D Oak Harbor, Ohio 43449

(419) 898-3491

8. This permit was issued on your certification that the project is consistent with the Ohio

Coastal Management Program policies pursuant to 1506.03 of the Ohio Revised Code. The Ohio Department of Natural Resources concurs in this certification, provided you comply with any special conditions imposed by that agency. Noncompliance with any limitations or conditions stated in the certification may be a basis for suspension, revocation, or modification of this permit.

9. The permittee is required to install, prior to any grading or filling operations and installation of proposed structures or utilities, all erosion and sediment control practices. They must remain in place and be maintained until construction is completed and the area is stabilized.

10. The permittee is authorized to discharge only clean fill material that is free of fines, oil and grease, debris, wood, general refuse, plaster, broken asphalt, or other potential pollutants.

11. The mechanical equipment used to execute the work authorized herein must be operated in such a way as to minimize turbidity that could degrade water quality and adversely affect aquatic plant and animal life.

12. All necessary precautions must be taken to preclude the contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate, or any other environmentally deleterious substance associated with the project.

This affirmation is limited to the attached NWP and associated Water Quality Certification and does not obviate the need to obtain any other project specific Federal, state, or local authorization.

This affirmation is limited to the attached NWP and associated Water Quality Certification and does not obviate the need to obtain any other project specific Federal, state, or local authorization.

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SUBJECT: Transmittal of PROVISIONAL Department of the Army Permit No. LRB-2020-

I have evaluated your submitted wetland delineation map and have determined that the wetland and water boundaries shown on the map accurately represent on-site conditions. Please note that this is a Preliminary Jurisdictional Determination (JD). Preliminary JDs are non-binding written indications that there may be waters of the United States (WOUS) on your parcel and approximate locations of those waters. Preliminary JDs are advisory in nature and may not be appealed.

Pursuant to Regulatory Guidance Letter 16-01, any permit application made in reliance on this Preliminary JD will be evaluated as though all wetlands or waters on the site are regulated by the Corps. Further, all waters, including wetlands will be used for purposes of assessing the area of project related impacts and compensatory mitigation. If you require a definitive response regarding Department of the Army jurisdiction for any or all of the waters identified on the submitted drawings, you may request an approved jurisdictional determination (AJD) from this office. If an AJD is requested, please be aware that this is often a lengthy process and we may require the submittal of additional information.

I have enclosed the Preliminary JD Form with this letter. The form and attached table identify the extent of waters on the site and specific terms and conditions of the Preliminary JD.

Please sign and return a copy of this form to my attention. If you do not respond within 15 days, we will presume concurrence and no additional follow up is necessary prior to finalizing an action.

In accordance with Regulatory Guidance Letter 05-02, “Preliminary jurisdictional determinations are not definitive determinations of areas within regulatory jurisdiction and do not have expirations dates.” However, I strongly recommend that the boundaries of WOUS be re-evaluated by a qualified wetland biologist after five years of the date of this letter. This will ensure that any changes are appropriately identified, and you do not inadvertently incur a violation of Federal law while constructing your project or working on your project site.

Lastly, this determination has been conducted only to identify the limits of waters that may be subject to Corps Clean Water Act or Rivers and Harbors Act jurisdiction. This delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985, as amended. If you or your tenant are United States Department of Agriculture (USDA) program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resource Conservation Service prior to starting work.

A copy of this letter has been sent via e-mail to the OEPA, Mr. Steve Holland of the ODNR Coastal Zone Management and Mr. Ryan Wnuk of Jacobs Engineering.

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SUBJECT: Transmittal of PROVISIONAL Department of the Army Permit No. LRB-2020-

Questions pertaining to this matter should be directed to me, by writing to the following address: U.S. Army Corps of Engineers, 240 Lake Street, Unit D, Oak Harbor, Ohio 43449, or by e-mail at: brian.p.swartz@usace.army.mil

Sincerely, Brian Swartz Biologist

Enclosures

COMPLETION FORM / COMPLIANCE CERTIFICATION

Each permittee who receives a Nationwide Permit (NWP) verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any compensatory mitigation.

APPLICANT:

Ms. Barbara Rowles National Park Service 93 Delaware Ave, PO Box 549 Put-In-Bay, Ohio 43456

POINT OF CONTACT:

Mr. Ryan Wnuk Jacobs Engineering Group 1295 Northland Dr., Suite 200 Mendota, Heights, MN 55120

File No.: LRB 2020-00486 File Closed: 11 Feb 2021 NWP No.: 3

Upon completion of the activity authorized by this permit and any required compensatory mitigation sign this certification and return it to the address listed below within 30 days of project completion.

Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, revocation, and/or assessment of administrative penalties.

The permittee shall certify the completion of the authorized work and mitigation:

a. The authorized work was done in accordance with the NWP authorization, including any general, regional, or activity specific conditions.

b. The implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, this certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits.

APPLICANTS NAME

Date

Permittee Telephone Number: _____________________________________

Project location: Perry’s Victory and International Peace Memorial located on Put-In-Bay Island, Ottawa County, Ohio

Project Description: Repair the North and South Seawalls

Authorized Impacts (Waters of the U.S. Impacted by Project): 1,223 LF

Waterway and/or Project Setting: Lake Erie

Return completed form to:

Mr. David Leput

Regulatory Branch U.S. Army Corps of Engineers

1776 Niagara Street Buffalo, NY 14207

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND

REQUEST FOR APPEAL

Applicant: Ms. Barbara Rowles - National Park Service File Number: LRB-2020-00486 Date: Feb. 11, 2020 Attached is: See Section below

INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B

PERMIT DENIAL C

APPROVED JURISDICTIONAL DETERMINATION D

X PRELIMINARY JURISDICTIONAL DETERMINATION E

SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/CECW/Pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331.

A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.

ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.

OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.

B: PROFFERED PERMIT: You may accept or appeal the permit

ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.

APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.

C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.

ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.

APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative

Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record.

POINT OF CONTACT FOR QUESTIONS OR INFORMATION:

If you have questions regarding this decision and/or the appeal process you…