17264 Cheboygan Lock Downstream Wall Replacement - Addendum 1.pdf

ADDENDUM NO. 1

A1-2000-1

CHEBOYGAN LOCK DOWNSTREAM WALL REPLACEMENT PROJECT DTMB FILE NO. 751/17264.ABG

File No.: 751/17264.ABG Department of Natural Resources

Project Name: Cheboygan Lock Downstream Wall Replacement Project Subject: Request for Bids – Addendum 1

DATE: August 1, 2024

BID DATE: Wednesday, August 13, at 2:00 p.m. Eastern Time

TO: All Bidders

INTENT: This Addendum is issued to revise and clarify the intent of the project bid documents.

ATTACHMENTS: 1. Prebid Meeting Agenda

2. Prebid Meeting Attendance Record

3. Question Responses

4. Revised Specifications

5. Revised Drawings

6. EGLE/USACE Joint Permit

All Bidders submitting a Bid on the above Contract shall carefully read this Addendum and give it consideration in the preparation of their Bid.

Contractor shall list all addenda on the Bid Form to ensure conformity in the bid.

Drawings, Specifications and/or Proposals are herein amended, expanded and/or modified, as hereinafter described, and become a part of the Contract Documents with same force and affect as if incorporated, therein, originally. Any contrary provisions contained, or referred to, in Drawings and/or Specifications, shall remain applicable unless overridden by this Addendum.

Revised or contrary provisions herein shall not affect any other part of Contract Documents and any deletions, additions, substitutions and/or revisions mentioned, shall include all labor, materials, methods, modifications, etc. required for complete performance of the work.

The following are revisions to the Bidding and Contract Requirements:

GENERAL:

1. Prebid Meeting Agenda

2. Prebid Meeting Attendance Record

3. Questions List

DRAWINGS & SPECIFICATIONS:

1. C-04: Sheet updated to indicate acceptance of extraction of the sheet pile wall.

PROJECT MANUAL:

1. Specification 02222: Miscellaneous Demolition to indicate acceptance of extraction of the sheet pile wall.

ADDITIONAL KEY INFORMATION:

1. EGLE/USACE Joint Permit

Bidder shall acknowledge receipt of this Addendum at the bottom of the Bid Summary form to be submitted as part of the greater bid.

A1-2000-2

ATTACHMENT 1 TO ADDENDUM NO. 1

SUMMARY

This attachment 1 to Addendum No. 1 includes an agenda containing all the items that were discussed at the pre-bid meeting.

Mandatory Pre-Bid Meeting Agenda

Project: Cheboygan Lock Downstream Wall Replacement File No.: 751/17264.ABG Date: July 30, 2025, 1:00 pm Local Time – DNR Cheboygan Office, site visit to follow.

A. Introductions

1. Owner’s Representatives – DNR; DTMB

2. PSC’s Representatives – GEI Consultants

B. Sign-in Sheet – Please sign for evidence of attendance. Note: You must sign in under the same name as the company submitting the bid. An individual is only permitted to represent one bidder at a mandatory Pre-Bid Conference.

C. “Any answers provided at this meeting are considered clarifications of the bidding documents and are not intended to change them. If a point or concern raised during this meeting is deemed by the PSC and Owner to require a change to the bidding documents, such change will be reflected by the issuance of an addendum.”

D. Project description – (See Section 00010 Pre-Bid Information)

The Cheboygan Lock Downstream Wall Replacement includes, but is not necessarily limited to, replacement of existing steel sheet pile wall with new drilled solider pile and lagging wall., per specifications and drawings dated July 18, 2025.

E. Bid due date – Wednesday, August 13, 2025 at 2:00 pm, delivery location – submit bid on the SIGMA (State Integrated Governmental Management Application)

VSS (Vendor Self Service) system website:

https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService (See Bid Summary and Section 000100)

F. Bid Contents: (DCSPEC)

1. Forms required for all bids: (See Sect 00100 Instructions to Bidders Bid Check

List – page 00-3)

a. Bid Summary

i. Submit Bid Summary with bidder information filled in and signed by an Officer of the Company. A certified copy of a pertinent Board Resolution authorizing the individual to bind the corporation shall be attached.

ii. Fill base proposal amount.

iii. Check box for Qualified Disabled Veteran if applicable

iv. Allowances should be included in base bid per Sect 01020 Allowances.

$200,000 Provisional Allowance; (Bid Schedule form)

v. Fill in bid alternates –N/A

(The Contract will be awarded on the basis of the Base Proposal Sum…and any additive or deductive alternates in the order the Owner accepts them. See Section

01030)

vi. Acknowledge addenda received - (00300 Bid Summary Form).

b. Bid Form

i. Bid Schedule – Lump Sum Prices

ii. Schedule of Alternates – Alternate(s) as listed – N/A

iii. Schedule of Unit Prices (if applicable) N/A

c. Qualified Disabled Veteran

d. Certificate of Michigan Based Business

e. Bid Form Attachments

i. Bid Bond – 5% of Base Bid

G. Michigan Preferences (Section 00100 Article 20)

1. All contractors and suppliers are encouraged to use Michigan products and recycled products whenever possible where price, quality and performance are equal to, or better than non-Michigan products.

H. Contract Time – See Section 00100, Article 23.

1. A detailed schedule is required from the Contractor at the start of the work.

2. Time of substantial completion: January 30, 2026

3. Liquidated Damages. $1,000.00/day after substantial completion, $1,00.00/ day after final completion.

I. Permits –

1. The contractor is responsible for obtaining and paying for all permits required by LARA, or any other agency as required. Note: SESC permit thru DCD.

2. The Contractor is responsible for scheduling all inspections.

J. Contractor Supervision – The Contractor is responsible for managing and supervising the work and must be on site 100% of time. See Section 00100, Article 2.3.

K. Insurance Requirements – Must be submitted by contractor after notification of award of contract. See Section 00100, Article 3.

1. Workers’ Compensation and Employer’s Liability

2. Commercial General Liability

3. Commercial Automobile Liability

4. Excess Liability and any other designated in Supplementary conditions.

5. Builder’s Risk (if applicable) – Contractor shall include, Section 00100 Article

3.4.

L. Testing – Section 00100, Article 5.2–“…the Owner will retain a testing agency directly or through the Professional…” (unless provided otherwise in Section 00750

Supplementary Conditions) –“The Contractor shall assume full responsibility for any testing…”. Owner provides whatever is not designated to the Contractor.

M. Special Working Conditions – Working on State owned property. Working hours shall be between 6 AM and 6 PM, Monday through Friday (Sect 00750), Additional weekday hours or work on Saturdays or Sundays is not allowed unless written permission is granted from the Department of Natural Resources.

1. Security Clearance Request – Follow Agency Requirements

N. Special Project Procedures

1. Soil Erosion and Sedimentation Control – See Section 00100, Article 25 and Appendix III. Contractor shall submit SESC Implementation plan to DTMB- DCD. Checklist is available on the DTMB website and will be distributed at the

PreConstruction Meeting. An “Authorization to Proceed with Earth Change” must be obtained prior to soil disturbance.

(See Division 1 specs and Appendix III, Special Project Procedures for the following):

2. Demolition/Remodeling Project Procedures

3. Hazardous Materials Project Procedures

O. Wage Rates – Prevailing wage rates are required. See Appendix III.

P. Project Meetings

1. Pre-Construction Meeting – Scheduled after contract is executed

2. Progress Meetings – To be determined at Pre-Construction Meeting.

Q. Anticipated Addenda Items:

1. Prebid Meeting Attendance Sign-in

R. Questions/Comments:

Submit questions in writing to Professional by: August 6, 2025 5:00pm local time

A1-2000-3

ATTACHMENT 1 TO ADDENDUM NO. 1

END OF ATTACHMENT 1

A1-2000-4

ATTACHMENT 2 TO ADDENDUM NO. 1

This attachment 2 to Addendum No. 1 includes a list of attendees of the pre-bid meeting.

A1-2000-5

ATTACHMENT 2 TO ADDENDUM NO. 1

END OF ATTACHMENT

A1-2000-6

ATTACHMENT 3 TO ADDENDUM NO. 1

This attachment 3 to Addendum No. 1 provides all bidders with questions to be answered. The questions in the following table have been received and answered by the Engineer.

Cheboygan Lock Downstream Wall Replacement Project - Addendum #1 Question Responses

ITEM DOCUMENT SECTION QUESTION RESPONSE

Column1 Column12 Column13 Column2 Column3

0001a DRAWINGS and

SPECIFICATIONS

SHEET S-04

02222

Is extraction of the sheet piling an acceptable alternative to cutting off and abandoning in place?

Yes, the sheet piling can be extracted in lieu of cutting off and abandoning in place. See revised Sheet S-04 and Specification 02222 attached.

Page 1 of 1 8/1/2025

A1-2000-7

ATTACHMENT 3 TO ADDENDUM NO. 1

A1-2000-8

ATTACHMENT 4 TO ADDENDUM NO. 1

This attachment 4 to Addendum No. 1 contains specifications for the demolition processes regarding the sheet pile wall.

Miscellaneous Demolition - Issue For Bid – Addendum #1

Michigan Department of Natural Resources – Cheboygan Lock Downstream Wall Replacement

GEI Project No. 1904013 1 Section 02222

SECTION 02222

MISCELLANEOUS DEMOLITION

PART 1 GENERAL

1.01 WORK INCLUDES

A. Cut off or extract and remove existing downstream left sheet pile wall, attached vertical mooring timbers, soil between the new wall and existing steel sheet pile wall, existing tie-back anchorage system, bollards, and ancillary components.

1.02 SUBMITTALS

A. Submit demolition and removal procedure work plan and schedule including detailed equipment list, description of means and methods, and anticipated disposal site. Provide to the OWNER and ENGINEER for approval a minimum of 14 days prior to conducting the work activity.

1.03 EXISTING CONDITIONS

A. Conduct demolition to minimize damage to adjacent structures not scheduled for demolition.

B. Provide, erect, and maintain temporary barriers and security devices.

C. Conduct operations with minimum interference to public or private thorough fares.

Maintain protected egress at all times.

D. Do not close or obstruct navigable waterways, roadways, or sidewalks without permission of the OWNER.

E. Limited historical drawings of the site are available for the CONTRACTOR’s interpretation upon request. The approximate configuration of the existing structure is based on the best available information. However, actual conditions may vary, and the

CONTRACTOR shall inspect all work areas and determine the demolition work necessary prior to commencing any demolition activities.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.01 PREPARATION

A. Use fall protection as necessary when working near the edge of the wall.

B. Acquire necessary PPE for preferred method of removal.

Miscellaneous Demolition - Issue For Bid – Addendum #1

Michigan Department of Natural Resources – Cheboygan Lock Downstream Wall Replacement

GEI Project No. 1904013 2 Section 02222

3.02 EXECUTION

A. Demolish indicated structures and appurtenances in an orderly and careful manner. The structures are to be removed after completion of the new wall.

B. Provide adequate temporary support and bracing of the existing sheet pile wall. Cut off underwater at the elevations indicated on the drawings. Abandon the remaining portion in place. Remove and dispose of cut sections at an appropriate off-site location.

Alternatively, extract sheet piling and dispose at an appropriate off-site location.

C. Cease operations and notify ENGINEER immediately if adjacent structures appear to be endangered. Do not resume operations until corrective measures have been taken.

D. Except where noted otherwise, immediately remove demolished material from site.

E. Relics, antiques, and similar objects remain the property of the OWNER. Notify

ENGINEER prior to removal and obtain acceptance regarding method of removal. The

OWNER shall have the first right of refusal on all salvage.

F. Remove and promptly dispose of contaminated, vermin infected, or dangerous materials encountered.

G. Do not burn or bury materials on site.

H. Remove demolished materials from site as work progresses. Leave the site in clean condition.

I. Dispose of all demolished materials at an approved offsite location.

END OF SECTION

A1-2000-9

ATTACHMENT 4 TO ADDENDUM NO. 1

A1-2000-10

ATTACHMENT 5 TO ADDENDUM NO. 1

This attachment 5 to Addendum No. 1 provides a drawing to show details of the sheet pile wall extraction/removal.

X

XXX

0+10 0+20 0+30 0+40 0+50 0+60 0+70L1 L2

L3 0+00

0+79.79 L4

C15x33.9 WALL CAPLANDSIDE

TC

TC

TC

TC

LO

C

LO

C

LO

C

LOC LOC LOC LOC LOC LOC LOC LOC LOC LOC

LO

C

PROPERTY LINE ALIGNMENT

LINE #

L4

BEGIN STA

0+00

END STA

0+79.79

LENGTH

79.79'

BEGIN NORTHING

846196.72

BEGIN EASTING

19656136.78

END NORTHING

846274.87

END EASTING

19656152.87

DIRECTION

N11°38'00"E

NZ 21 SHEET PILE LAGGING

TOP OF SHEET PILE WALL

EL 583.5'

LOW WATER LEVEL

EL 576.02'

TOP OF CLSM SHAFT

EL 570.0'

BOT OF CLSM

SHAFT

EL 550.0'

BOT OF SHEET PILE WALL

EL 568.5'

6"x 6" TREATED

TIMBER

FENDERS, TYP

NOTCH TIMBER

FENDER AT WALL

CAP AS NEEDED

F

T M

IN

M IN C15x33.9 WALL CAP

HIGH WATER LEVEL

EL 582.35'

JUNE 2025 WATER LEVEL

EL 579.33'

APPROXIMATE CHANNEL

BOTTOM, PRESUMED

GLACIAL TILL HARD PAN, SEE

HISTORICAL SOIL BORINGS

TOP OF RIPRAP TO REMAIN

EL 572.5'

L4X4X1/2

2" BEVEL, TYP 4

SIDES

TYP. 5/16

L4X4X1/2

5/16 TYP.

C15x33.9 WALL CAP

5/16 1"

TYP., WALL CAP

TO EACH SHEET

H-PILE ALIGNMENT TABLE

LINE #

L1

L2

L3

BEGIN STA

0+00

0+05.63

0+66.63

END STA

0+05.63

0+66.63

0+77.96

LENGTH

5.63'

61.01'

11.32'

BEGIN NORTHING

846195.59

846200.98

846260.61

BEGIN EASTING

19656137.92

19656139.52

19656152.42

END NORTHING

846200.98

846260.61

846271.85

END EASTING

19656139.52

19656152.42

19656153.79

DIRECTION

N16°29'23"E

N12°12'15"E

N06°57'01"E

TYP 5/16

NOT TO SCALE

C-04 EMERGENCY REGRESS LADDER

DETAIL 5/16 2-6 TYP.

CUT PROPOSED SHEET AS

NEEDED TO BEAR ON EXISTING

SHEET PILE

5°

HP 12X102

SCALE: 1" = 5'

S-07 SOLDIER PILE WALL

ELEVATION

2' TYP.

' T

YP

M

IN

IM

U

M

9.19' TYP. TO MATCH SHEETING

S-04

NOT TO SCALE

S-07 UPSTREAM CONNECTION

DETAIL

C-04

UPON COMPLETION OF NEW WALL,

CUTOFF OR EXTRACT EXISTING

SHEET PILE WALL, SEE NOTE 8

GREAT LAKES TISSUE

PROPERTY LINE

NOT TO SCALE

S-07 DOWNSTREAM CONNECTION

DETAIL

Ø

EXISTING

CONCRETE

LOCK WALL

EXISTING SHEET PILE WALL

(TO BE CUTOFF OR EXTRACTED AFTER

NEW WALL INSTALLATION, SEE NOTE 8)

CONCRETE FOUNDATION PROPOSED NZ21

STEEL SHEET PILES

FIRST SHEET TO BEAR AGAINST

ANGLED SECTION OF LOCK WALL

DRIVE FINAL

SHEET INTO

BELLY OF

EXISTING

SHEET PILE

WALL

EXISTING SHEET

PILE TO REMAIN

REST OF

EXISTING WALL

TO REMAIN

ADJUST LOCATION OF

CONCRETE FOUNDATION IF

NECESSARY TO ALLOW SHEET

PILE TO BEAR AGAINST EXISTING

WALL

CONSTRUCTION SEQUENCE NOTES:

1. PLACE TEMPORARY FILL IN LOCK TAILRACE.

2. LAYOUT CONCRETE FOUNDATIONS ACCORDING TO SPECIFIED SPACING AND

ALIGNMENT. VERIFY FOUNDATIONS AND WALL ARE PROPERLY ALIGNED AND

MEASURED BEFORE BEGINNING CONSTRUCTION.

3. AUGER FIRST CONCRETE FOUNDATION TO SPECIFIED DEPTH. CASE HOLE AS

NECESSARY DURING SOCKET EXCAVATION.

4. POUR FIRST CONCRETE FOUNDATION TO SPECIFIED ELEVATION, AND SET H PILE

PLUMB AND TRUE. BRACE PILE TO PREVENT MOVEMENT.

5. REPEAT PROCESS FOR ALL NINE (9) CONCRETE FOUNDATIONS.

6. INSTALL SHEET PILE AS SPECIFIED ON DRAWINGS AND SPECS.

7. EXCAVATE EARTH BETWEEN NEW SHEET PILE WALL AND EXISTING SHEET PILE WALL

TO BOTTOM OF EXISTING CHANNEL. APPX. EL 572.5.

8. CUTOFF OR EXTRACT EXISTING SHEET PILE WAL. MAXIMUM TOP OF WALL TO REMAIN

AT APPX. EL 572.0.

9. PLACE MDOT PLAIN RIP RAP IN EXCAVATED AREA BETWEEN EXISTING SHEET PILE AND

NEW SHEET PILE WALL UP TO EL 572.5, BURYING THE REMAINING CUTOFF SHEETS.

10. RESTORE EXTENTS OF DISTURBED SOIL.

11. REMOVE TEMPORARY FILL IN LOCK TAILRACE. MAINTAIN RIP RAP BELOW EL. 572.5.

LOCK CHANNEL

LOCK OUTLET

H-PILE ALIGNMENT

176° 175°

TURBIDITY CURTAIN

REMOVE STEEL

PILE CAP

REMOVE ALL HELICAL SCREW

ANCHORS AT TOP OF WALL (TYP.)

6' M

IN

6'

M

IN

C15x33.9 WALL CAP

FIELD TRIM END OF

WALL CAP TO EXISTING

CONCRETE WALL

HP12x102

MAXIMUM

C15x33.9 WALL CAP

---- b:\Working\DTMB\1904013 cheboygan lock facility - repair and reno\CAD\Design\Working\Downstream Wall Drawings\SOLDIER PILE WALL.dwg - 7/18/2025

MICHIGAN DEPARTMENT OF

TECHNOLOGY, MANAGEMENT AND

BUDGET

GEI Project 1904013

If this scale bar does not measure 1" then drawing is not original scale.

Attention: CHEBOYGAN LOCK DOWNSTREAM WALL REPLACEMENT

CHEBOYGAN, MI

GEI CONSULTANTS OF MICHIGAN, P.C.

109 W. BARAGA AVENUE

MARQUETTE, MI 49855

(906)451-4021

Consultants

0 1"

NO. DATE ISSUE/REVISION APP

0 6/21/2024 ISSUE FOR CONSTRUCTION KAR

1 8/1/2025 ADDENDUM #1 KAR

Designed:

Checked:

Drawn:

JEP

KAR

JEP

Approved By: KAR

SHEET NO.

DWG. NO.

OF 23

RECORD DRAWINGS

5 DEGREE

MAXIMUM

6" x 6" x 12' TREATED

TIMBER FENDERS,

VERTICAL

WATER SIDE REMOVE

CONCRETE

BOLLARDS, TYP

WELDED STEEL SHIM

PLATES WHERE REQ'D

3/4" Ø GALVANIZED

THREADBAR, WASHERS

AND HEXNUTS, 18" OC,

TYP. DECK TO WATERLINE

NO LOADS OR

SURCHARGES

NO LOADS OR

SURCHARGES

18" MIN

LADDER SHALL

NOT PROTRUDE

BEYOND WALL CAP

NOTCH CAP AT LADDER

AS NEEDED

1" Ø LADDER

RUNGS, 12" OC

MAINTAIN CAP

FLANGE ENTIRELY

AROUND LADDER

NOTCH

L4x4x1/2

C-04

EMERGENCY EGRESS

LADDER

COUNTERSINK BAR

AND NUTS

C-04

SOLDIER PILE WALL

1/2" Ø EPOXY

ANCHOR, 24" OC,

MIN 4" EMBED

SOLDIER PILE & LAGGING WALL

PLAN

SCALE, FEET

A1-2000-11

ATTACHMENT 5 TO ADDENDUM NO. 1

A1-2000-12

ATTACHMENT 6 TO ADDENDUM NO. 1

This attachment 6 to Addendum No. 1 provides the approved EGLE/USACE Joint Permit.

This notice must be displayed at the site of work.

Laminating this notice or utilizing sheet protectors is recommended.

Please refer to the above permit number with any questions or concerns.

NOTICE OF AUTHORIZATION

Permit Number: WRP036209 v. 1 Date Issued: January 9, 2023 Site Name: 16-Cheboygan Lock Facility-Cheboygan Expiration Date: January 9, 2028

The Michigan Department of Environment, Great Lakes, and Energy (EGLE), Water Resources Division, P.O. Box 30458, Lansing, Michigan 48909-7958, under provisions of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended; specifically:

Part 31, Floodplain Regulatory Authority of the Water Resources Protection.

Part 301, Inland Lakes and Streams.

Authorized activity:

Excavate by mechanical means a total of 2,178 cubic yards of embankment material and existing gabion baskets from an area 280 feet long by 20 feet wide by 6.5 feet deep.

Discharge/install a total of 1,319 cubic yards of clean fill, including new gabion baskets, aggregate, and riprap, in an area along 280 feet of shoreline on Cheboygan River. Make necessary improvements to existing lock and weir system. All work shall be completed in accordance with the attached modified plans and the terms and conditions of this permit.

Waterbody Affected: Cheboygan River Property Location: Cheboygan County, City of Cheboygan

Town/Range/Section 38N01W31 Property Tax No. 052-031-403-001-00

Permittee:

Michigan Department of Natural Resources c/o Keith Cheli 120 A St.

Cheboygan, MI 49721

William Oeming Gaylord District Office Water Resources Division 989-619-8509

EGLE

WRP036209 v1.0

Approved Issued On:01/09/2023

Expires On:01/09/2028

MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

WATER RESOURCES DIVISION

PERMIT

Issued To:

Michigan Department of Natural Resources c/o Keith Cheli 120 A St.

Cheboygan, MI 49721

Permit No: WRP036209 v.1 Submission No.: HPH-6Q17-XC61E Site Name: 16-Cheboygan Lock Facility-Cheboygan Issued: January 9, 2023 Expires: January 9, 2028

This permit is being issued by the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Water Resources Division, under the provisions of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA); specifically:

Part 301, Inland Lakes and Streams Part 31, Water Resources Protection (Floodplain Regulatory Authority)

EGLE certifies that the activities authorized under this permit are in compliance with the State Coastal Zone Management Program and certifies without conditions under the Federal Clean Water Act, Section 401 that the discharge from the activities authorized under this permit will comply with Michigan’s water quality requirements in Part 31, Water Resources Protection, of the NREPA and associated administrative rules, where applicable.

Permission is hereby granted, based on permittee assurance of adherence to State of Michigan requirements and permit conditions, to:

Authorized Activity:

Excavate by mechanical means a total of 2,178 cubic yards of embankment material and existing gabion baskets from an area 280 feet long by 20 feet wide by 6.5 feet deep. Discharge/install a total of 1,319 cubic yards of clean fill, including new gabion baskets, aggregate, and riprap, in an area along 280 feet of shoreline on Cheboygan River. Make necessary improvements to existing lock and weir system. All work shall be completed in accordance with the attached modified plans and the terms and conditions of this permit.

Waterbody Affected: Cheboygan River Property Location: Cheboygan County, City of Cheboygan

Town/Range/Section 38N01W31 Property Tax No. 052-031-403-001-00

EGLE

WRP036209 v1.0

Approved

Michigan Department of Natural Resources 2 WRP036209 v.1

Authority granted by this permit is subject to the following limitations:

A. Initiation of any work on the permitted project confirms the permittee's acceptance and agreement to comply with all terms and conditions of this permit.

B. The permittee, in exercising the authority granted by this permit, shall not cause unlawful pollution as defined by Part 31 of the NREPA.

C. This permit shall be kept at the site of the work and available for inspection at all times during the duration of the project or until its date of expiration.

D. All work shall be completed in accordance with the approved plans and specifications submitted with the application and/or plans and specifications attached to this permit.

E. No attempt shall be made by the permittee to forbid the full and free use by the public of public waters at or adjacent to the structure or work approved.

F. It is made a requirement of this permit that the permittee give notice to public utilities in accordance with 2013 PA 174 (Act 174) and comply with each of the requirements of Act 174.

G. This permit does not convey property rights in either real estate or material, nor does it authorize any injury to private property or invasion of public or private rights, nor does it waive the necessity of seeking federal assent, all local permits, or complying with other state statutes.

H. This permit does not prejudice or limit the right of a riparian owner or other person to institute proceedings in any circuit court of this state when necessary to protect his rights.

I. Permittee shall notify EGLE within one week after the completion of the activity authorized by this permit by completing and forwarding an email detailing completion of the project.

J. This permit shall not be assigned or transferred without the written approval of EGLE.

K. Failure to comply with conditions of this permit may subject the permittee to revocation of permit and criminal and/or civil action as cited by the specific state act, federal act, and/or rule under which this permit is granted.

L. All dredged or excavated materials shall be disposed of in an upland site (outside of floodplains, unless exempt under Part 31 of the NREPA, and wetlands).

M. In issuing this permit, EGLE has relied on the information and data that the permittee has provided in connection with the submitted application for permit. If, subsequent to the issuance of a permit, such information and data prove to be false, incomplete, or inaccurate, EGLE may modify, revoke, or suspend the permit, in whole or in part, in accordance with the new information.

N. The permittee shall indemnify and hold harmless the State of Michigan and its departments, agencies, officials, employees, agents, and representatives for any and all claims or causes of action arising from acts or omissions of the permittee, or employees, agents, or representative of the permittee, undertaken in connection with this permit. The permittee's obligation to indemnify the State of Michigan applies only if the state: (1) provides the permittee or its designated representative written notice of the claim or cause of action within 30 days after it is received by the state, and (2) consents to the permittee's participation in the proceeding on the claim or cause of action. It does not apply to contested case proceedings under the Administrative Procedures Act, 1969 PA 306, as amended, challenging the permit. This permit shall not be construed as an indemnity by the State of Michigan for the benefit of the permittee or any other person.

O. Noncompliance with these terms and conditions and/or the initiation of other regulated activities not specifically authorized shall be cause for the modification, suspension, or revocation of this permit, in whole or in part. Further, EGLE may initiate criminal and/or civil proceedings as may be deemed necessary to correct project deficiencies, protect natural resource values, and secure compliance with statutes.

EGLE

WRP036209 v1.0

Approved

Michigan Department of Natural Resources 3 WRP036209 v.1

P. If any change or deviation from the permitted activity becomes necessary, the permittee shall request, in writing, a revision of the permitted activity from EGLE. Such revision request shall include complete documentation supporting the modification and revised plans detailing the proposed modification. Proposed modifications must be approved, in writing, by EGLE prior to being implemented.

Q. This permit may be transferred to another person upon written approval of EGLE. The permittee must submit a written request to EGLE to transfer the permit to the new owner. The new owner must also submit a written request to EGLE to accept transfer. The new owner must agree, in writing, to accept all conditions of the permit. A single letter signed by both parties that includes all the above information may be provided to EGLE. EGLE will review the request and, if approved, will provide written notification to the new owner.

R. Prior to initiating permitted construction, the permittee is required to provide a copy of the permit to the contractor(s) for review. The property owner, contractor(s), and any agent involved in exercising the permit are held responsible to ensure that the project is constructed in accordance with all drawings and specifications. The contractor is required to provide a copy of the permit to all subcontractors doing work authorized by the permit.

S. Construction must be undertaken and completed during the dry period of the wetland. If the area does not dry out, construction shall be done on equipment mats to prevent compaction of the soil.

T. Authority granted by this permit does not waive permit requirements under Part 91, Soil Erosion and Sedimentation Control, of the NREPA, or the need to acquire applicable permits from the County Enforcing Agent (CEA).

U. Authority granted by this permit does not waive permit requirements under the authority of Part 305, Natural Rivers, of the NREPA. A Natural Rivers Zoning Permit may be required for construction, land alteration, streambank stabilization, or vegetation removal along or near a natural river.

V. The permittee is cautioned that grade changes resulting in increased runoff onto adjacent property is subject to civil damage litigation.

W. Unless specifically stated in this permit, construction pads, haul roads, temporary structures, or other structural appurtenances to be placed in a wetland or on bottomland of the water body are not authorized and shall not be constructed unless authorized by a separate permit or permit revision granted in accordance with the applicable law.

X. For projects with potential impacts to fish spawning or migration, no work shall occur within fish spawning or migration timelines (i.e., windows) unless otherwise approved in writing by the Michigan Department of Natural Resources, Fisheries Division.

Y. Work to be done under authority of this permit is further subject to the following special instructions and specifications:

1. Authority granted by this permit does not waive permit or program requirements under Part 91 of the NREPA or the need to acquire applicable permits from the CEA. To locate the Soil Erosion Program Administrator for your county, visit https://www.michigan.gov/egle/about/organization/water-resources/soil-erosion/sesc-overview and select “Soil Erosion and Sedimentation Control Agencies”.

2. The authority to conduct the activity as authorized by this permit is granted solely under the provisions of the governing act as identified above. This permit does not convey, provide, or otherwise imply approval of any other governing act, ordinance, or regulation, nor does it waive the permittee's obligation to acquire any local, county, state, or federal approval or authorization necessary to conduct the activity.

EGLE

WRP036209 v1.0

Approved Issued On:01/09/2023 https://www.michigan.gov/egle/about/organization/water-resources/soil-erosion/sesc-overview

Michigan Department of Natural Resources 4 WRP036209 v.1

3. If any change or deviation from the permitted activity becomes necessary, the permittee shall request, in writing, a revision of the permitted activity and/or mitigation plan from EGLE. Such revision requests shall include complete documentation supporting the modification and revised plans detailing the proposed modification. Proposed modifications must be approved, in writing, by EGLE prior to being implemented.

4. All construction activities must be conducted under the knowledge and supervision of a licensed professional engineer. The permittee shall furnish a written statement from a professional engineer, certifying that they have supervised the authorized work and it is in accordance with the design plans and specifications.

5. Prior to commencing installation of the shore protection structure, the entire waterward perimeter of project site shall be isolated with a turbidity curtain to prevent movement of suspended sediments. The turbidity curtain shall be installed to extend from the bed of the waterbody to a point above the existing water’s surface. The turbidity curtain shall be maintained for the duration of the project and shall be left in place after completion until all disturbed sediments have settled.

6. All raw areas in uplands resulting from the permitted construction activity shall be effectively stabilized with sod and/or seed and mulch (or other technology specified by this permit or project plans) in a sufficient quantity and manner to prevent erosion and any potential siltation to surface waters or wetlands. Temporary stabilization measures shall be installed before or upon commencement of the permitted activity and shall be maintained until permanent measures are in place. Permanent measures shall be in place within five (5) days of achieving final grade.

7. All riprap shall be properly sized based on wave action and velocity, and shall consist of natural field stone or rock (free of paint, soil or other fines, asphalt, soluble chemicals, or organic material). Broken concrete is not allowed.

8. The placement of riprap as proposed does not establish a new shoreline nor shall it be construed to do so. The riprap is authorized as a protective structure placed for the explicit purpose of protecting the shoreline at the landward side of the riprap. Consideration of any future construction shall be based on the shoreline existing prior to riprap placement as authorized by this permit.

9. Photos shall be taken after the riprap has been installed but prior to the placement of backfill.

Photos shall be taken from each of the same vantage points as the photos submitted and attached on the project plans or “Photo Page”.

10.Upon completion of your project, you must complete and return the email and photos taken from each of the same vantage points showing the "as-built" condition of your project.

11.The email and required photos shall be forwarded to OemingW@michigan.gov within 30 days of completion of the project. Staff will use such pictures for monitoring compliance with your permit. Failure to submit these photos is an event of noncompliance.

12.All fill/backfill shall consist of clean inert material which will not cause siltation nor contain soluble chemicals, organic matter, pollutants, or contaminants. All fill shall be contained in such a manner so as not to erode into any surface water, floodplain, or wetland. All raw areas associated with the permitted activity shall be stabilized with sod and/or seed and mulch, riprap, or other technically effective methods as necessary to prevent erosion.

13.Dredging, other than that required needed to properly seat the permitted amount of rip rap, is not authorized by this permit.

14.No fill, excess soil, or other material shall be placed in any wetland, floodplain, or surface water area not specifically authorized by this permit, its plans, and specifications.

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Approved

Michigan Department of Natural Resources 5 WRP036209 v.1

15.This permit does not authorize or sanction work that has been completed in violation of applicable federal, state, or local statutes.

16.The permit placard shall be kept posted at the work site in a prominent location at all times for the duration of the project or until permit expiration.

17.This permit is being issued for the maximum time allowed and no extensions of this permit will be granted. Initiation of the construction work authorized by this permit indicates the permittee's acceptance of this condition. The permit, when signed by EGLE, will be for a five-year period beginning on the date of issuance. If the project is not completed by the expiration date, a new permit must be sought.

Issued By:

William Oeming Gaylord District Office Water Resources Division 989-619-8509

THIS PERMIT MUST BE SIGNED BY THE PERMITTEE TO BE VALID.

I hereby assure that I have read, am familiar with, and agree to adhere to the terms and conditions of this permit.

Permittee Signature Date cc: Travis Anderson, GEI Consultants Kevin Roell, GEI Consultants Nathan Zoch, Federal Energy Regulatory Commission John Zygaj, Federal Energy Regulatory Commission Robert Morningstar, U.S. Army Corps of Engineers Cheboygan County Drain Commissioner Cheboygan CEA City of Cheboygan Clerk Mike Size, EGLE

EGLE

WRP036209 v1.0

Approved

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, DETROIT DISTRICT

477 MICHIGAN AVENUE

DETROIT MI 48226-2550

March 27, 2023

Regulatory Branch File Number LRE-1988-290072-N22

Keith Cheli Michigan Department of Natural Resources

120 A Street Cheboygan, Michigan 49721

Dear Mr. Cheli:

Please refer to your application for a Department of the Army (DA) permit to replace existing gabion baskets and maintenance work on the Cheboygan Lock in the

Cheboygan River at Lincoln Avenue, Cheboygan, Michigan. We have verified that the project is authorized by Nationwide Permit(s) as published in the Federal Register.

You may proceed with the work per the following project description, attached drawings, and attached general and special conditions:

Install approximately 500 feet of anchored turbidity curtain; dredge approximate 250 cubic yards of existing stone-filled gabion baskets from a 280-foot long by 10-foot wide area; remove 60 linear feet of existing 12-inch culvert, of which 15 feet is located waterward of the OHWM; excavate approximately 1,350 cubic yards of material from

280-foot long by 20-foot wide area along the shoreline to reach foundation grade; install a new 12-inch culvert extending 15 feet waterward of the OHWM; install approximately

9,000 square feet of geotextile fabric; discharge approximately 750 cubic yards of course aggregate in an approximately 280-foot long by 15-foot wide area; install approximately 350 cubic yards of prefabricated gabion baskets in a 280-foot long by 7-foot wide area; discharge approximately 60 cubic yards of angular rock riprap at the toe of the gabion baskets in an approximate 130-foot long by 5-foot wide area; discharge approximately 60 cubic yards of heavy angular rock riprap in an approximately 150-foot long by 5-foot wide area located in the 150-foot zone.

Special Conditions:

1. If you discover any unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately stop work in that area and notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

2. All dredged and/or excavated materials will be disposed of in upland location(s) landward of the Ordinary High Water Mark with no placement in, or return to, any waterway or wetland.

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3. All fill shall consist of clean, inert materials from an upland source. The fill material must be free from toxic substances, fines, oil and grease, debris, wood, general refuse, plaster, and other pollutants, and shall contain no broken asphalt, oil-based material, or metal.

4. Prior to beginning any dredging, the permittee shall install commercial-grade silt curtains that extend from a floating boom on the lake surface down to the bed of the waterway. The silt curtain shall continuously and completely enclose the dredge area. The silt curtain shall be properly anchored onshore, and anchored offshore at

25-foot intervals to provide a stable and functional barrier. The silt curtain shall be maintained in effective working condition until all dredging is completed and turbidity has returned to background levels. In the event that the silt curtain remains in place overnight, the applicant will coordinate proper marking of the silt curtain with the USCG and their requirements (e.g. lighting, reflective paints, etc.)

will become special conditions under this permit.

5. Upon completion of earthwork operations, all exposed slopes, fills, and disturbed areas must be given sufficient protection by appropriate means such as landscaping or planting and maintaining vegetative cover to prevent subsequent erosion.

Any construction activity other than that shown on the plans may not qualify for the authorization. If you contemplate any changes or additional activities from those depicted on the plans, please submit them to this office for authorization review prior to any construction. On completion of the work, you must fill in and return the enclosed

COMPLETION REPORT.

This verification is invalid until you obtain an appropriate state permit/certification or waiver thereof. You must not initiate activities authorized under the NWP until all required State authorizations have been received. If local approvals are required, we recommend you contact the appropriate local government body directly.

We are obligated to provide recipients of permit verifications with a jurisdictional determination (JD) when requested to do so. The Corps of Engineers has the following options with respect to JDs: (1) Approved Jurisdictional Determinations (AJD), which are considered “official” JDs and can be administratively appealed; (2) Preliminary Jurisdictional Determinations (PJD), which are non-binding JDs and advise an affected party that the Corps of Engineers believes there may be waters of the United States on the property that fall under the Corps’ regulatory authority and enables the Corps and a permit applicant or other affected party to resolve certain jurisdiction and permit issues without expending time on making an official determination of the Corps’ jurisdiction;

and (3) No Jurisdiction Determination (NJD), which is used in situations where issuance of a JD is deemed unnecessary by a permit applicant or other affected party because

Corps’ jurisdiction is undisputed (e.g., work is in a navigable water of the United States) or not subject to question. The NJD option requires less documentation than a PJD and

-3-likewise enables the Corps and a permit applicant or other affected party to resolve jurisdiction and permit issues without expending time on an official determination of the

Corps’ jurisdiction.

Per the information in your application, we have determined that your project will occur in a navigable water of the United States subject to the Detroit District, U.S. Army

Corps of Engineers’ regulatory authority under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Our listing of navigable waters under the

Corps’ regulatory authority within the Detroit District’s geographic area can be found at:

http://www.lre.usace.army.mil/Missions/Regulatory-Program-and-Permits. As there was no question regarding the Corps’ regulatory jurisdiction during our evaluation of the application, we do not intend to include a JD with this permit verification. Our intent to not issue a JD in this instance does not preclude you from requesting a PJD or an AJD at any time. As noted above, an AJD would provide an official determination of jurisdictional waters on a site and can be administratively appealed.

This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 14, 2026. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit.

As per 33 CFR 325, Appendix A, representatives from this office are allowed to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of the Nationwide Permit.

Should you have any questions, please contact me at the above address, by E-Mail at Robert.L.Morningstar@usace.army.mil, or by telephone at (313) 226-2015. In all communications, please refer to File Number LRE-1988-290072-N22.

http://www.lre.usace.army.mil/Missions/Regulatory-Program-and-Permits

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We are interested in your thoughts and opinions concerning your experience with the Detroit District, Corps of Engineers Regulatory Program. If you are interested in letting us know how we are doing, you can complete an electronic Customer Service Survey from our web site at: http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey.

Alternatively, you may contact us and request a paper copy of the survey that you may complete and return to us by mail or fax. Thank you for taking the time to complete the survey, we appreciate your feedback.

Sincerely, Robert L. Morningstar Project Manager, Eastern Section

Enclosures

Copy Furnished

EGLE (WRP036209)

Soo Area Office NOAA (via e-mail ocs.ndb@noaa.gov) http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey mailto:ocs.ndb@noaa.gov

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A. Nationwide Permit General Conditions:

To qualify for NWP authorization, the permittee must comply with the following general conditions, as appropriate. These conditions are selected from those published in the Federal Register that are particularly relevant to the construction and/or operation of this particular authorized activity. The complete text is available at our website https://www.lre.usace.army.mil/Missions/Regulatory-

Program-and-Permits/ under “Detroit Regulatory

Quick” select “Detroit District General Permit Types” and then choose “Nationwide Permits with Michigan

Regional Conditions” OR “Nationwide Permits with

Indiana Regional Conditions”; or, you may contact the

Detroit District directly for the information. We have done our best to verify that your project complies with the others, where applicable.

1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast

Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the

United States.

(c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his or her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the

United States. No claim shall be made against the

United States on account of any such removal or alteration.

6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.).

Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).

9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.

12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides.

13. Removal of Temporary Structures and Fills.

Temporary structures must be removed, to the maximum extent practicable, after their use has been discontinued. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.

14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization.

17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. .

18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal

Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any NWP which “may affect” a listed species or critical habi tat, unless ESA section 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50

CFR 402.02 for the definition of “effects of the action” for the purposes of ESA section 7 consultation, as https://www.lre.usace.army.mil/Missions/Regulatory-Program-and-Permits/ https://www.lre.usace.army.mil/Missions/Regulatory-Program-and-Permits/

-6-well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding “activities that are reasonably certain to occur” and

“consequences caused by the proposed action.”

(e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10

Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the

Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The wo rd

“harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring that an action authorized by an NWP complies with the Migratory

Bird Treaty Act and the Bald and Golden Eagle

Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce adverse effects to migratory birds or eagles, including whether

"incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and

Golden Eagle Protection Act for a particular activity.

20. Historic Properties. (e) Prospective permittees should be aware that section 110k of the NHPA (54

U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the

NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the

Corps, after consultation with the Advisory Council on

Historic Preservation (ACHP), determines that…