2025-CB-033 CONTRACT SPECIFICATIONS.pdf

STATE OF RHODE ISLAND

DEPARTMENT OF TRANSPORTATION

RHODE ISLAND CONTRACT NO. 2025-CB-033

FEDERAL-AID PROJECT NUMBER BHO-0159(001)

REHABILITATION OF BRIDGE GROUP 15F

BARRINGTON BRIDGE NO. 012301

BARRINGTON, RHODE ISLAND

GENERAL PROVISIONS – CONTRACT SPECIFIC

PS&E SUBMISSION

JANUARY 2026

INDEX

GENERAL PROVISIONS - CONTRACT SPECIFIC

PARAGRAPH TITLE PAGE

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19.

Brief Scope of Work CS-1

List of Contract Documents CS-1

Utility and Municipal Notification and Coordination CS-1

Sequence of Construction CS-2

Special Requirements for Traffic Protection CS-3

Police Compensation CS-3

Shop Drawings and Submittals CS-4

Contract Submittals List (CSL) CS-4

Incident Management CS-4

Contractor’s Responsibility for Damaged Storm Drains CS-4

Contractor’s Responsibility for Damaged Utility Facilities CS-5

Contractor’s Responsibility for Maintaining Roadways CS-5

Inspection Access CS-5

Document Management and Control CS-5

Coordination with other Projects CS-5

Coordination Meetings CS-6

Request for Information (RFI’s) CS-6

Permits Appendix A

Transportation Management Plan Appendix B

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1. BRIEF SCOPE OF WORK

Bridge No. 012301 was found to have void deficiencies at the footings of Piers 1-4, similar deficiencies were observed in Piers 5 & 6 and were addressed through a Maintenance Certification (2019-09-078). The proposed rehabilitation work for the bridge includes the replacement of the deck expansion joints, minor concrete patching repairs of the substructure and concrete arch panels, restoring the contact area at selected bearings, underwater repairs to the tremie seals of the bridge piers, and the installation of scour countermeasures. The most extensive aspect of this project will be repairing the existing tremies and installing the scour countermeasures.

2. LIST OF CONTRACT DOCUMENTS

Contract Documents

Contract Specifications RI Department of Administration Division of Purchases Procurement Regulations Standard Specifications for Road & Bridge Construction (August, 2025) General Provisions General Provisions – Contract Specific Specifications – Job Specific Distribution of Quantities

Plans – There is one volume of Plans that comprises the Contract Drawings for this Contract. The volume of plans is as follows:

Bridge Group 15F – Barrington Bridge No. 012301

3. UTILITY AND MUNICIPAL NOTIFICATION AND COORDINATION

Existing utilities have been shown on the Plans using the best available information. The Contractor shall check and verify the location of all existing utilities both underground and overhead in accordance with the “Dig Safe Program Law” enacted by the Rhode Island Legislation Bill No. 79S-291, which became effective July 1, 1979. The Contractor should be aware that not all utility companies subscribe to the Dig Safe Program. It is the Contractor’s responsibility to ensure that all utility companies have been notified, and all utilities have been marked prior to commencing their work. Any damage to existing utilities shall be replaced or repaired to the satisfaction of the Engineer at no additional cost to the State.

The Contractor shall schedule his construction so as to allow for a coordinated highway and utility effort. Upon award, the Contractor shall notify the lead utility relative to has anticipate highway construction start date. Immediately following the Pre-Construction Conference, the Contractor shall initiate survey layout required for utilities.

It is required that the Contractor notify each utility company no less than two (2) weeks in advance of any work near the existing utility facilities to remain.

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During the progress of the work, the Contractor shall cooperate with the Owners of the utilities and permit their representative’s access to the work to determine if their utilities are being endangered in any way.

The applicable utility/municipality representatives are as follows:

Utility/Municipality Contact Phone Number Barrington DPW Lisa Parker 401-247-1907 Barrington Fire Dept. Chief Gerald Bessette 401-437-3940 Barrington Police Chief Michael Correia 401-437-3933 Barrington Harbormaster Brian Hunt 401-437-3930 Rhode Island Energy-Gas James Paulette 401-465-8580 Rhode Island Energy-Electric Patrick venture 732-672-3359

4. SEQUENCE OF CONSTRUCTION

a. General

The Contractor shall immediately establish all temporary erosion and sedimentation controls including temporary sedimentation basins and construction accesses.

b. Special Requirements

The Contractor shall develop an orderly sequence of construction and time schedule for all work to be performed under this contract in accordance with Section 108.03 of the RI Standard Specifications for Road and Bridge Construction.

If the contract is extended beyond the specified completion date, a similar work schedule will be established by the Engineer.

All erosion controls shall be in place and accepted by the Engineer prior to commencing work.

Locations of surface features and utilities shown on the plans are approximate. The Contractor shall check and verify the exact location of all existing utilities, both underground and overhead, with Dig Safe. Any damage to existing utilities shall be the Contractor's responsibility in addition to providing vehicle and pedestrian access to abutting residential, commercial, and/or recreational establishments.

The Contractor shall be responsible for maintaining all roadways free from debris resulting from vehicles entering and exiting the construction site. The Contractor shall clean and sweep the roadways, at intervals as required, and/or as determined by the Engineer to maintain the roadway in an acceptable condition. The cost associated with complying with this provision shall be considered incidental to the contract.

The contractor shall so schedule his work such that no work may commence on the bridge deck and/or sidewalks until all of the work associated with the removal of the temporary boardwalk and traffic control has been completed.

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The contractor must coordinate his work such that at least one sidewalk across the bridge is open at all times.

5. SPECIAL REQUIREMENTS FOR TRAFFIC PROTECTION

In addition to the requirements of the RI Standard Specifications and the special requirements of other sections of these Contract Documents, the following requirements shall be undertaken by the Contractor:

a. All maintenance and protection of traffic devices must be in place and approved by the

Engineer before any construction may commence. All maintenance and protection of traffic shall conform to the latest edition and revisions of the Manual on Uniform Traffic Control Devices (MUTCD).

b. The Contractor shall be responsible for maintaining appropriate construction related signing at all times. All temporary construction signs not appropriate for the construction activity taking place shall be removed, covered, or otherwise concealed to the satisfaction of the Engineer. This includes the period between erecting the signs and the start of construction, as well as when a construction phase is completed or suspended.

c. R.I. Std. 26.1.0 cones shall be used when traffic control set-up is utilized only during working hours and is subsequently removed at the end of the workday. R.I. Std. 26.2.0 shall be used when a traffic control set-up will remain beyond working hours when no workers are present.

d. Construction operations of this project must be coordinated with the local community public safety officials. In case of any emergency, the Contractor will be required to move equipment and allow the passage of emergency vehicles. Public safety must be considered at all times.

e. The Contractor is hereby notified that work zone time and lane restrictions are listed in the Transportation Management Plans. Failure to comply with these requirements will result in the fines listed under Job Specification 937.1000.

f. The Contractor will schedule and perform his/her operations in a manner to always allow full water access to the marina.

6. POLICE COMPENSATION

It will be the responsibility of the Resident Engineer to retain the service of the State and local police with cruiser for traffic control and protection for this project. The Contractor will not be required to bid on, or compensate for, the service of the State and local police.

7. SHOP DRAWINGS AND SUBMITTALS

The following list of work for which shop drawings and/or other submittals are required is provided for the convenience of the contractor. This list includes only major items of work;

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it does not itemize all submittals required by the contract documents. All submittals shall be in accordance with Section 105.02 of the Specifications. The contractor is responsible for timely submission of all shop drawings and other documents required by the contract.

No extra payment will be made, nor will any extension be made to the contract completion date for making required submittals. All shop drawings must be submitted within 45 days of notice to proceed. Any underwater work can be submitted within 45 days.

Rehabilitation of Bridge Group 15 F Barrington Bridge No. 012301.

8. CONTRACT SUBMITTALS LIST (CSL)

Critical to the commencement of construction is the requirement to make all of the necessary submittals as required by the contract documents.

The following Illustrative CSL is provided as a basis of format for the Contractor’s CSL. The Illustrative CSL shall not be interpreted by the Contractor as an all-inclusive list of required Submittals. The Contractor’s CSL shall provide the required information on all Submittals.

The Contractor should also note The Master Schedule for testing to ensure all necessary items are included.

The Contractor shall prepare the CSL, utilizing the column headings and submittal numbering convention provided in the Illustrative CSL, identifying all Submittals (shop drawings, certifications, catalog cuts, material certifications, material samples, etc.) required under the Contract Documents, Plans, and Specifications. The Department’s Project Schedule for Sampling, Testing, and Certification of Materials shall also be referred to as a guide in obtaining all typical material submittal requirements.

Each submittal shall be uniquely identified on the Contractor’s Preliminary Project Schedule and Project Schedule Baseline as set forth in Section 108.03, Prosecution and Progress. At a minimum, each submittal fragmentary network shall include activities for submittal preparation, submittal review period, fabrication/manufacturing, and delivery.

9. INCIDENT MANAGEMENT

In the event of an accident, or other unforeseen incident, the Contractor shall positively cooperate with local authorities by providing traffic control devices, personnel, equipment, and materials as required, both on and off site. The Contractor shall assist in whatever way possible to clear debris from the roadway and maintain traffic flow. Payment for this work shall be on a force account basis. If the personnel are not available on site, they shall be “on call” and able to respond to the site within one hour of notification to the Contractor’s appointed representative by phone or in person to the Department of Transportation.

10. CONTRACTOR’S RESPONSIBILITY FOR DAMAGED STORM DRAINS

The Contractor shall use care when working within or in the vicinity of existing drainage structures. Any drainage pipe or culverts damaged while carrying out any work on this Contract shall be the Contractor’s responsibility. Any pipe/culvert damaged by the Contractor while carrying out this Contract shall be replaced or repaired by the Contractor to the satisfaction of

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the Engineer at no additional charge to the State. Any pipe, culvert, or other existing drainage structure which is replaced or repaired due to contractor damage must be done as an in-kind replacement (materials as well as size/length must be the same as existing) and all final invert elevations must match existing elevations.

The Contractor shall make every effort to avoid debris from falling into catch basins. Should any debris fall inside a structure, it shall be removed immediately.

11. CONTRACTOR’S RESPONSIBILITY FOR DAMAGED UTILITY FACILITIES

The Contractor shall use care when working in the vicinity of existing utilities. Any utility pipe, equipment, conduit, wire, cable or appurtenances damaged while carrying out any work on this contract shall be the Contractor’s responsibility. Any utility pipe, equipment, conduit, wire, cable, or related appurtenance damaged by the Contractor while carrying out this Contract shall be replaced or repaired by the Contractor to the satisfaction of the Engineer at no additional cost to the state.

12. CONTRACTOR’S RESPONSIBILITY FOR MAINTAINING ROADWAYS

The Contractor shall be responsible for maintaining all roadways free from debris resulting from vehicles entering and exiting the construction site. The Contractor shall clean and sweep the roadways, at intervals as required, and/or as determined by the Engineer to maintain the roadway in an acceptable condition. The cost associated with complying with this provision shall be considered incidental to the Contract.

13. INSPECTION ACCESS

The Contractor shall provide the Engineer and/or his representative(s) full access to all the work sites, as may be required, for the purpose of inspection and/or construction monitoring.

This shall include the means to access the sites, as well as all necessary safety equipment such as safety harnesses and life vests. No separate payment shall be made for these services. The cost of these items of work shall be included under the item of work for which they are required.

14. DOCUMENT MANAGEMENT AND CONTROL

The Department has a standard document management and control program for all contracts.

The intent of the program is to provide a system that enables an orderly and timely response to all project correspondence. To support this system, the Contractor shall strictly follow these document control standards.

15. COORDINATION WITH OTHER PROJECTS

The Contractor shall be aware of other construction projects ongoing or commencing during the construction period of this contract. It shall be the Contractor’s responsibility to coordinate with the Engineer to determine the impact of his construction operations on adjacent projects.

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The ongoing projects are:

1. Barrington and Warren Bike Path Bridges – Construction stage.

2. Pavement Improvements to Main St, Warren) – Final Design stage.

The Contractor may be required to attend periodic coordination meetings with representatives of the Towns and State to discuss and resolve potential conflicts.

Any exceptions to this must be approved by the Senior Management Department.

16. COORDINATION MEETINGS

The Contractor shall utilize a virtual meeting for all project coordination meetings when possible. If a field meeting or in person meeting is required, all personnel shall have the appropriate personal protective equipment (PPE) devices.

17. REQUEST FOR INFORMATION (RFI)

An RFI is a document submitted by the Contractor requesting clarification of a portion of the Contract Documents or a field condition. All such requests shall include a detailed written statement indicating the specific Drawings or Specification to be clarified and the clarification requested. In addition, the Contractor shall:

a. Identify Drawings by Drawing number and location on the sheet.

b. Identify Specifications by Section number, page and paragraph

c. Provide description of the field condition requiring clarification.

d. Clearly state the item to be clarified, provide background information as appropriate, and explain why a response is needed.

e. Present Contractor’s interpretation or understanding of the requirement.

f. Include possible solutions by text and/or drawings.

Improper RFI’s are defined as RFI's that are not complete, will be returned unanswered.

Frivolous RFI’s are defined as:

a. RFI's that request information that is clearly shown on the Contract Documents.

b. RFI’s that do not comply with the definition of an RFI as indicated above.

Frivolous RFI’s may be returned unanswered.

Delays caused by improper or frivolous RFI's are the sole responsibility of the Contractor who shall waive the Contractor's right to seek additional time or compensation.

Submittals:

Submit RFI’s on a form approved by the Department, numbered consecutively. Electronic Portable Document Format (pdf) RFI’s are to be entered by the Contractor into the Departments web-based Project Management Protocol system (PMP). Ensure that the

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completed form and attachments (if any) are fully legible after download for photocopying or transmission by facsimile (fax) or email. Each page of attachments to RFI’s shall bear the RFI number.

RFI’s shall be originated by the Contractor. RFI’s from subcontractors or material suppliers shall be submitted through, reviewed by, commented on, numbered & logged, and signed by Contractor prior to submittal to the Department.

The Contractor shall carefully study the Contract Documents to determine that the requested information is not available therein. RFI’s which request information available in the Contract Documents will be deemed either "improper" or "frivolous."

Where RFI’s are issued to request clarification of coordination issues, for example, pipe and duct routing, clearances, specific locations of work shown diagrammatically, and similar items, the Contractor shall fully lay out a suggested solution using drawings or sketches drawn to scale, and submit with the RFI. RFI’s which fail to include a suggested solution will be returned unanswered.

RFI’s shall not be used for the following purposes:

a. To request approval of submittals.

b. To request approval of substitutions.

c. To request different methods of performing work than those drawn and specified.

d. To request changes which entail additional cost or credit.

e. Routine written communications between the Department and the Contractor.

f. Replies to Nonconformance Notices issued by the Department.

g. To clarify subcontract bid questions.

RFI’s do not automatically justify a cost increase in the work or a change in the project schedule. Answered RFI’s shall not be construed as approval to perform extra work.

Responses from the Department will not change any requirement of the Contract Documents.

If the Contractor believes that a response to a Request for Information will cause a change to the requirements of the Contract Documents, the Contractor shall immediately give written notice to the Engineer stating that the Contractor considers the response requires a Change Order. Failure to give such written notice immediately shall waive the Contractor's right to seek additional time or compensation.

Contractor shall allow up to 30 days review and response time for RFI’s, however, the Department will endeavor to respond in a timely fashion to RFI’s. If the Engineer determines that an RFI is inappropriate or should be submitted in another format, the RFI will be returned unanswered to the Contractor for re-submittal on the proper form and in the proper manner.

Department’s Response to RFI’s:

A Request for Information Log will be maintained by the PMP system, and that system will

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assign a number for each RFI. If the Engineer determines that an RFI is improper or frivolous, the RFI will be returned to the Contractor unanswered; however, all RFI’s will be numbered and entered in the Log.

STATE OF RHODE ISLAND

DEPARTMENT OF TRANSPORTATION

RHODE ISLAND CONTRACT NO. 2025-CB-033

FEDERAL-AID PROJECT NUMBER BHO-0159(001)

REHABILITATION OF BRIDGE GROUP 15F

BARRINGTON BRIDGE NO. 012301

BARRINGTON, RHODE ISLAND

APPENDIX A

PERMITS

PS&E SUBMISSION

JANUARY 2026

sshaikh Arrow

DEPARTMENT OF THE ARMY

US ARMY CORPS OF ENGINEERS

NEW ENGLAND DISTRICT

696 VIRGINIA ROAD

CONCORD, MA 01742-2751

July 30, 2025

Regulatory Division Transportation & Utility Section File Number: NAE-2024-00375

Alisa Richardson Rhode Island Department of Transportation 360 Lincoln Avenue Warwick, Rhode Island 02888 Alisa.Richardson@dot.ri.gov

Dear Ms. Richardson:

This letter is in response to the application you submitted to the U.S. Army Corps of Engineers (USACE), New England District on March 25, 2025, for a Department of the Army general permit verification for the rehabilitation of Bridge No. 012301 over the Barrington River. We have assigned this project file number NAE-2024-00375, which you should reference in all correspondence with this office.

This letter is authorizing both additional and after-the-fact impacts to rehabilitate piers 1 6 of the Barrington Bridge, Bridge No. 12301, including concrete repairs, filling of voids, installation of grout bags and riprap around piers and along the riverbed between the piers, and temporary spud barges for the in-water work. Authorized after-the-fact impacts below the high tide line (HTL) of the Barrington River consist of grout bags within 3,200 square feet (SF) in the vicinity of the existing tremies at piers 5 and 6, riprap scour protection within 8,184 SF, and 8 SF of temporary impacts for spud barges anchored with four hydraulic steel piles. Future impacts below the HTL will consist of 1,200 cubic yards of grout bags installed as scour countermeasures for the existing tremies within 6,500 SF, 3,300 cubic yards of riprap installed within 29,325 SF around the grout bags and between piers, and 40 SF of temporary impacts for the spud barges, anchored with four hydraulic steel piles. The project site is located in the Barrington River under RI-114. The work is shown on the enclosed plans titled Island Department of Transportation Plan, Profile and Sections of Proposed Rehabilitation of Bridge Group 15F- Barrington Bridge No. 123, on 12 sheets dated April 14, 2025.

Based on the information you have provided, we verify that the activity is authorized under General Permit 8 of the May 6, 2022, federal permit known as the Rhode Island General Permits (GPs). If the extent of the project area and/or nature of the authorized impacts to waters are modified, a revised application must be submitted to this office for written approval before work is initiated. You can find a copy of these permits at:

https://www.nae.usace.army.mil/Missions/Regulatory/State-General-Permits/.

Any deviation from the terms and conditions of the permit, or your submitted plans, may subject the permittee to the enforcement provisions of our regulations. Therefore, in the event changes to this project are contemplated, it is recommended you coordinate with this office prior to proceeding with the work. This office must approve any changes before you undertake them. You must perform this work in compliance with the terms and conditions of the GPs listed above and the following special conditions:

Project Specific Special Conditions:

1. The permittee shall complete and return the enclosed Completion Certification Form to this office at least one month following the completion of the authorized work.

2. You must maintain the activity herein in good condition and in conformance with the terms and conditions of this authorization. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with a general condition of these GPs. Should you wish to cease to maintain the authorized activities, or should you desire to abandon it without a good faith transfer, you must obtain a modification of this authorization from this office, which may require restoration of the area.

3. All construction shall be completed in accordance with the limits of construction and construction sequences detailed on the enclosed plan State of Rhode Island Department of Transportation Plan, Profile and Sections of Proposed Rehabilitation of Bridge Group 15F- Barrington Bridge No. 123, on 12 sheets dated April 14, 2025. If you change the plans or construction methods for work within or adjacent to the Barrington River, please contact us immediately to discuss modification of this authorization. USACE must approve any changes before you undertake them.

4. Compensatory mitigation shall consist of purchasing 0.13 wetland credits from the Massachusetts In-Lieu Fee (ILF) program. The permittee must send

Massachusetts Department of Fish and Game, 100 Cambridge Street, 6th

Massachusetts, Department of Fish and Game (MADFG) Environmental

USACE -2024-

0 .

check to ensure proper crediting. Work shall not begin until the Corps of Engineers receives a copy of the letter from the MADFG to the permittee stating that the MADFG has received the check and accepts responsibility for mitigation. The in-lieu fee amount is valid for one year from the date of this verification letter and is subject to change.

Mitigation is required to offset unavoidable impacts to aquatic resources resulting from the discharge of fill below the High Tide Line (HTL) of the Barrington River. Specifically, this includes the permanent conversion of 29,325 square feet of organic subtidal substrate on the river bottom to riprap.

Mitigation shall be provided at a rate of 15%, which equates to 4,398.75 square feet of compensatory mitigation. In addition, mitigation is also required for the temporal loss associated with a discharge of fill that occurred in 2020.

For the discharge of fill being verified after-the-fact, which resulted in the permanent conversion of 8,184 square feet of organic subtidal substrate to riprap, mitigation shall be provided at a rate of 15%, which equates to 1,227.60 square feet, with an additional multiplier of 3% per year for a period of five years, which equates to 36.83 square feet of compensatory mitigation per year (total 184.14 square feet) for temporal losses.

5. The permittee shall complete and submit the U.S. Coast Guard (USCG) notification form at least two weeks prior to the start of any work that may affect vessel traffic in the project area. If the work will completely block vessel traffic, the permittee must also notify the USCG at least 90 days in advance.

Notification must be submitted to, First Coast Guard District, Attn: Christina Sullivan, 408 Atlantic Ave., Boston, MA 02110; and US Army Corps of Engineers, Attn: Matthew Hackett, 696 Virginia Road, Concord Massachusetts 01742, or, via email at christina.d.sullivan2@uscg.mil and and, matthew.r.hackett@usace.army.mil. The notification shall include the project location, description of work, schedule, duration, and the anticipated impact on navigation.

6. The project has received authorization to conduct in-water work outside the time of year restrictions outlined the Rhode Island General Permit General Conditions, based on coordination with NOAA conducted on February 7, 2024. This coordination was reinitiated on February 10, 2025, with an updated FHWA NLAA Programmatic Consultation Verification Form, which was signed by FHWA on February 12, 2025.

This verification is valid until May 6, 2027. You must commence or be under contract to commence the work authorized herein by May 6, 2027, and complete the work by May 6, 2028. If not, you must contact this office to determine the need for further authorization before beginning or continuing the activity. It is recommended that you contact this office before this authorization expires to discuss if permit reissuance is a possibility.

This GP verification and any associated authorizations does not preclude the necessity to obtain any other federal, state, or local permits, licenses, and/or certifications, which may be required.

If you have any questions related to this verification or have issues accessing documents referenced in this letter, please contact Matthew Hackett, Project Manager, at (978) 318-8321 or by email at matthew.r.hackett@usace.army.mil. This agency continually strives to improve our customer service. To better serve you, please complete the Customer Service Survey located at:

https://regulatory.ops.usace.army.mil/customer-service-survey/.

Sincerely, Daniel B. Breen Chief, Transportation and Utilities Section Regulatory Division

Enclosures cc (w/enclosures):

Heather Hamilton, RIDOT (via: Heather.Hamilton@dot.ri.gov) Erik Johnstone, RIDOT (via: erik.johnstone@dot.ri.gov) Justin Matrus, Crossman Engineering (via: justin.mateus@crossmaneng.com Kazem Farhoumand, AI Engineers (via: KFarhoumand@aiengineers.com) Tracy Silvia, CRMC (via: tsilvia@crmc.ri.gov) Sabrina Pereira, NOAA (via: sabrina.pereira@noaa.gov) Erica Sachs Lambert, US EPA, Region 1 (via: sachs.erica@epa.gov) Jeffrey Stieb, First Coast Guard District (via: Jeffrey.D.Stieb@uscg.mil) Steve Pothier, First Coast Guard District (via: steven.r.pothier@uscg.mil)

ENG FORM 6285, DEC 2024 PREVIOUS EDITIONS ARE OBSOLETE.

U.S. Army Corps of Engineers (USACE)

CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT

For use of this form, see Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act of 1899, and

Section 103 of the Marine Protection, Research, and Sanctuaries Act; the proponent agency is CECW -COR.

Form Approved -

OMB No. 0710-0003

Expires 2027-10-31

The Agency Disclosure Notice (ADN)

The Public reporting burden for this collection of information, 0710-0003, is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the co llection of information.

Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.

PURPOSE: This form is used by recipients of U.S. Army Corps of Engineer Regulatory permits to certify compliance with the permit terms and conditions.

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, or revocation.

Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the U.S. Army

Corps of Engineers, New England District, Regulatory Office.

The certification can be submitted by email at matthew.r.hackett @usace.army.mil or by mail at the below address:

U.S. Army Corps of Engineers

New England District Office

Street Address: 696 Virginia Road

City: Concord State: Massachusetts Zip Code: 01742-2751

COMPLETED BY THE CORPS

Corps Action Number: NAE-2024-00375

Permit Type: General Permit

General Permit Number and Name (if applicable):

Name of Permittee: Alisa Richardson

Project Name: RIDOT- Barrington Bridge (No. 012301) Repair Project

Project Location (physical address): Barrington River under RI-114.

Latitude 41.736729 and Longitude -71.295674; in Barrington Rhode Island

PERMITTEE'S CERTIFICATION

Date Work Started:

Date Work Completed:

Enclose photographs showing the completed project (if available).

I hereby certify that the work authorized by the above referenced permit has been completed in accordance with all of the permit terms and conditions, and that any required compensatory mitigation has been completed in accordance with the permit conditions.

Name Date Signature

Effective Date: May 6, 2022

Expiration Date: May 6, 2027

DEPARTMENT OF THE ARMY

GENERAL PERMITS FOR THE STATE OF RHODE ISLAND AND

LANDS LOCATED WITHIN THE BOUNDARIES OF THE

NARRAGANSETT LAND CLAIM SETTLEMENT AREA

The New England District of the U.S. Army Corps of Engineers (USACE) hereby issues 21 general permits (GPs) consisting of 10 Regional General Permits (RGPs), 7 Programmatic General Permits (PGPs), and 4 PGP/RGPs, collectively hereafter referred to as GPs, listed in Section III, for activities subject to USACE jurisdiction in waters of the United States (U.S.)

and navigable waters of the U.S. within the boundaries of the State of Rhode Island, adjacent ocean waters to the seaward limit of the outer continental shelf, and lands located within the boundaries of the Narragansett Land Claim Settlement Area. These GPs are issued in accordance with USACE regulations at 33 CFR 320 – 332 [see 33 CFR 325.5I] and authorize activity-specific categories of work that are similar in nature and cause no more than minimal individual and cumulative environmental impacts while providing protection to the aquatic environment and the public interest.

This document contains the following sections: Page Section I Statutory Authority and Regulated Activities 3 Section II.A Review Categories and Application Procedures for Activities

Within Non-Tidal Water

Section II.B Review Categories and Application Procedures for Activities Within Tidal, Coastal, and Navigable Waters

Section III General Permits for The State of Rhode Island & Tribal Lands 16 Section IV General Conditions 42 Section V Contacts for Rhode Island General Permit 54 Section VI Definitions 56 Section VII Required Information Guide for Preconstruction Notification 62 Section VIII Resource Agency Coordination Procedures 67 Section IX Self-Verification Notification Form 70

For activities to qualify for these GPs, they must meet the terms, eligibility criteria and stipulations for one or more of the Rhode Island General Permits as listed in Section III – General Permits. The activities must also comply with the General Conditions in Section IV, and any special conditions included in verification letters that are deemed necessary to protect aquatic resources.

Under these GPs, projects may qualify for the following (see Section III for eligibility criteria):

• Self-Verification (SV): activity is presumed to have no more than minimal impacts and therefore does not require a permit review from USACE. Some activities may require submission of a Self-Verification Notification Form (SVNF) to USACE.

• Pre-Construction Notification (PCN): activities that are not eligible for SV require activity-specific review to determine eligibility for authorization under one or more GPs.

If the proposed activity does not qualify for GP authorization, USACE will inform the applicant and advise them on the process for seeking an Individual Permit. The thresholds for activities eligible for SV and PCN are stated in Section III. A number of terms and conditions can be found throughout the GP, including the General Conditions in Section IV, which apply to all projects.

These GPs do not affect the USACE Individual Permit review process or activities exempt from USACE regulation. The USACE does not intend to exclude projects from utilizing the SV process where consultation under Section 7 of the Endangered Species Act, the Magnuson- Stevens Act (Essential Fish Habitat), or Section 106 of the National Historic Preservation Act is required and completed by another lead Federal agency; provided the scope of those actions sufficiently encompass the USACE Regulatory action.

Review Processes for the GPs:

Of the 21 general permits, there are 10 RGPs, 7 PGPs, and 4 PGP/RGPs. Activities qualifying for PGPs occur exclusively within CRMC’s jurisdiction – tidal, coastal, and navigable waters, while RGPs occur within RIDEM’s jurisdiction – non-tidal, tidal, coastal, and navigable waters.

The 10 RGPs are GPs 6, 8, 9, 10, 12, 13, 16, 18, 19, and 21. Activities authorized under these RGPs require notice to USACE. Proponents of activities authorized under these 10 RGPs must provide notice to USACE, either by submission of a SVNF for activities that qualify for SV, or through PCN and receipt of a verification letter from USACE for activities requiring PCN.

The 7 PGPs are GPs 1, 3, 4, 5, 7, 11, and 20. Programmatic permits (PGPs) are a type of general permit founded on an existing state, local, or other Federal agency program and designed to avoid duplication with that program. These 7 PGPs are founded on the existing RI Coastal Resources Management Council (CRMC) wetland program. Activities authorized under these 7 PGPs that are (1) eligible for SV and (2) reviewed at the state level by CRMC do not require any notification to the USACE. If these two conditions are met, project proponents do not need to submit a SVNF to the USACE. A project proponent must still receive written approval from CRMC for activities authorized under this process before commencing work. CRMC will insert appropriate language in the authorization to notify the applicant that CRMC’s authorization is also verification of authorization under the RI GP provided the proponent complies with the GP’s conditions. Activities eligible under PCN will require a verification letter from USACE.

The 4 PGP/RGPs are GPs 2, 14, 15, and 17. These activities will be reviewed as a PGP when CRMC is the reviewing state agency and a RGP when RIDEM is the reviewing state agency.

All general permits are subject to the following:

• Discretionary Authority: Notwithstanding compliance with the terms and conditions of these permits, the Corps retains discretionary authority to require a PCN or Individual Permit (IP) review based on concerns for the aquatic environment or for any other factor of the public interest [33 CFR 320.4(a)]. This authority is invoked on a case-by-case basis whenever USACE determines that the potential consequences of the proposal warrant IP review. This authority may be invoked for projects with cumulative adverse environmental effects that are more than minimal, or if there is a special resource or concern associated with a particular project. Whenever USACE notifies an applicant that an IP may be required, authorization under these GPs is voided and no work may be conducted until a USACE IP is obtained.

• Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes;

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the U.S. in the public interest;

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit;

d. Design or construction deficiencies associated with the permitted work;

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

Tammy R. Turley Date Chief, Regulatory Division

May 06, 2022

SECTION I

STATUTORY AUTHORITY AND REGULATED ACTIVITIES

A. JURISDICTION:

Applicability of these General Permits shall be evaluated with reference to Federal jurisdictional boundaries. Activities shall be evaluated with reference to “navigable waters of the United States” under §10 of the Rivers and Harbors Act of 1899 (33 CFR 329) and “waters of the United States” under the Clean Water Act (waters of the U.S., pursuant to 33 CFR 328.3).

Applicants are responsible for ensuring that the boundaries used satisfy the Federal criteria defined at 33 CFR 328-329.

1. Permits are required from USACE for the following work:

a. Section 10: The construction of any structure in, over or under any navigable water of the United States1, the excavating or dredging from or depositing of material in such waters, or the accomplishment of any other work affecting the course, location, condition, or capacity of such waters (33 CFR 320.2(b)). USACE regulates these activities under §10 of the Rivers and Harbors Act of 1899 (33 USC 403). Referred to as Section 10. (33 CFR Part 322);

b. Section 404: The discharge of dredged or fill material into the waters of the United States (33 CFR 320.2(f)). USACE regulates these activities under §404 of the Clean Water Act (33 USC 1344) (CWA). Referred to as Section 404. (33 CFR Part 323); and

2. Authority to issue General Permits In carrying out his functions relating to the discharge of dredged or fill material under this section, the Secretary may, after notice and opportunity for public hearing, issue general permits on a State, regional, or nationwide basis for any category of activities involving discharges of dredged or fill material if the Secretary determines that the activities in such category are similar in nature, will cause only minimal adverse environmental effects when performed separately, and will have only minimal cumulative adverse effect on the environment. (33 USC 1344(e))

3. Related laws:

Including but not limited to: Section 408 of the Rivers and Harbors Act of 1899, Section 401 of the Clean Water Act, Section 402 of the Clean Water Act, Section 307(c) of the Coastal Zone Management Act of 1972 as amended, Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972 as amended, Section 106 of the National Historic Preservation Act of 1966, The National Environmental Policy Act of 1969, Section 7 of the Endangered Species Act, the Fish and Wildlife Coordination Act of 1956, the Magnuson-Stevens Fishery Conservation and Management Act, and Section 7(a) of the Wild and Scenic Rivers Act. (33 CFR 320.3)

1 The terms “navigable waters of the U.S.” and “waters of the U.S.” are used frequently throughout this document and it is important that the reader understand these terms, which are defined in Section IV.

B. GENERAL CRITERIA

1. In order for activities to qualify under these GPs, they must meet the terms and conditions of this document, including the eligibility criteria listed in Section III – General Permits, and the General Conditions (GCs) listed in Section IV.

Applicants shall review:

a. Paragraph A of this section to determine if the activity requires Corps authorization.

b. Section III to determine if the activity is eligible for authorization under these GPs, and specifically whether it is eligible for SV, or whether a PCN is required.

c. Section IV to determine if the activity meets all of the applicable General Conditions.

2. Under these GPs, activities may qualify for the following:

a. SELF-VERIFICATION (SV): Some activities may require notification to USACE at least two weeks before work commences (see Section III); USACE will NOT acknowledge receipt and GP eligibility of the SV activity in writing.

b. PRE-CONSTRUCTION NOTIFICATION (PCN): Notification to and a verification letter from USACE is required. No work under PCN may proceed until written verification from USACE is received.

The thresholds for activities eligible for SV and PCN are defined in the Rhode Island General Permits in Section III.

3. Projects that are not authorized by these GPs may require an Individual Permit (IP) (33 CFR 325.5(b)) and the applicant must submit an application directly to USACE. These GPs do not affect USACE’s IP review process or activities exempt from Corps permit requirements.

USACE retains discretionary authority on a case-by-case basis to elevate an SV to PCN or IP, or a PCN to IP based on concerns for the aquatic environment or for any other factor of the public interest (33 CFR 320.4(a)). Whenever USACE notifies an applicant that a PCN or IP is required, no work in Corps jurisdiction may be conducted until USACE issues the required authorization in writing indicating that work may proceed. (See Sections II.A and II.B for additional information about procedures for IPs).

4. Applicants are encouraged to contact USACE with questions at any time (see Section V).

Pre-application meetings, whether arranged by USACE or requested by an applicant, are encouraged to facilitate the review of projects. Pre-application meetings and/or site visits help streamline the authorization process by alerting the applicant to potentially time-consuming factors that are likely to arise during the evaluation of their project (e.g., avoidance, minimization and compensatory mitigation requirements, historic properties, endangered species, essential fish habitat, vernal pools, and dredging of contaminated sediments).

5. Applicants shall ensure compliance with all applicable GCs in Section IV and GPs in Section III and any special conditions included in USACE verification letters that are deemed necessary to protect aquatic resources. Noncompliance with these GPs and GCs may subject the applicant to criminal, civil, or administrative criminal penalties, and/or an ordered restoration, and/or the permit may be modified, suspended or revoked by USACE.

USACE will consider any activity requiring Corps authorization to be unauthorized if that activity is under construction or completed and does not comply with all permit terms and conditions.

C. DETERMINATION OF MINIMAL ADVERSE ENVIRONMENTAL EFFECTS

To be eligible and subsequently authorized by these GPs, an activity shall result in no more than minimal adverse effects2 on the aquatic environment as determined by USACE in accordance with the criteria listed within these GPs and GCs. This may require project modifications involving avoidance, minimization, or compensatory mitigation for unavoidable impacts to ensure that the net adverse effects of an activity are no more than minimal.

Determination that activities will not cause more than minimal adverse environmental effects includes consideration of direct, secondary and cumulative impacts as specified in Section (404(b)1) of the Clean Water Act (referred to as the (404(b)1) guidelines). Impacts resulting from activities eligible for exemptions under Section 404(f) of the CWA are not considered when calculating the impact area.

1. Permanent and Temporary Impacts Permanent impacts mean waters of the U.S. that are permanently affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent impacts include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody.

Temporary impacts include, but are not limited to, waters of the U.S. that are temporarily filled, flooded, excavated, or drained because of the regulated activity. Temporary impacts are usually associated with construction activities and often involve the placement of cofferdams and construction mats. These fills are removed when construction is completed. Pilings and associated structures do not ordinarily constitute a discharge of fill material.

2. Discharge of Dredged or Fill Material (404) Dredged material & discharge of dredged material: These are defined at 33 CFR 323.2(c) and (d). The term discharge of dredged material means any addition of dredged material into, including redeposit of dredged material other than incidental fallback within, the waters of the United States. The term dredged material means material that is excavated or dredged from waters of the United States.

Fill material & discharge of fill material: These are defined at 33 CFR 323.2(e) and (f).

The term discharge of fill material means the addition of fill material into waters of the United States. The term fill material means material placed in waters of the United States where the material has the effect of: (i) Replacing any portion of a water of the United States with dry land; or (ii) Changing the bottom elevation of any portion of a water of the United States.

2 The terms “effects” and “impacts” are used interchangeably. See, e.g., definition of “impact” in the 2008 Mitigation Rule: “’Impact’ means adverse effect.” 40 CFR 230.92.

3. Direct and Secondary (Indirect) Impacts (404(b)1) Direct Effects: Effects that are caused by the activity and occur at the same time and place.

Secondary Effects: These are effects on an aquatic ecosystem that are associated with a discharge of dredged or fill materials, but do not result from the actual placement of the dredged or fill material. Information about secondary effects on aquatic ecosystems shall be considered prior to the time final section 404 action is taken by permitting authorities. (40 CFR 230.11(h)(1))

4. Cumulative Impacts Cumulative Impacts: Cumulative impacts are the changes in an aquatic ecosystem that are attributable to the collective effect of a number of individual discharges of dredged or fill material. Although the impact of a particular discharge may constitute a minor change in itself, the cumulative effect of numerous such piecemeal changes can result in a major impairment of the water resources and interfere with the productivity and water quality of existing aquatic ecosystems. (40 CFR 230.11(g)(1))

D. ELIGIBLE ACTIVITIES AUTHORIZED BY THESE RHODE ISLAND GENERAL

PERMITS

An activity is authorized under General Permits 1 through 21 (listed in Section III) only if that activity and the applicant satisfy all of the GPs terms and conditions. In order for activities to qualify for these GPs, they must comply with all applicable GP eligibility criteria (see Section III) and general conditions (see Section IV). Prospective applicants are advised to contact USACE for specific eligibility determination.

Some Rhode Island General Permits are issued as Regional General Permits and some are issued as Programmatic General Permits. Applicants should consult Section II (Review Procedures) to determine whether the activity is authorized under an RGP or a PGP. (33 CFR 325.5(c))

1. Regional General Permits (RGP) - 33 CFR 325.5(c) Regional permits are a type of general permit. They may be issued by a division or district engineer after compliance with the other procedures of this regulation. If the public interest so requires, the issuing authority may condition the regional permit to require a case-by-case reporting and acknowledgment system. However, no separate applications or other authorization documents will be required.

The following GPs are Regional General Permits:

• GP 6: Utilities including lines, outfall and intake structures and appurtenant features

• GP 8: Discharges of dredged or fill material incidental to the construction of bridges

• GP 9: New shoreline and bank stabilization projects and Living Shorelines

• GP 10: Aquatic habitat restoration, establishment, and enhancement…