4-1-26-5-18-8 Compiled Appendices.pdf

Appendix A – MPA Supplemental Insurance

SUPPLEMENTAL GENERAL CONDITIONS

TO

MES PROJECT NO. 1-26-5-18-8

--SECTION 6.05 INSURANCE REQUIREMENTS of the General Conditions is deleted in its entirety and replaced with the following language:

6.05 INSURANCE REQUIREMENTS

A. Insurance During Construction No acceptance and/or approval of any insurance by the Maryland Environmental Service

(MES), and/or the Engineer, shall be construed as relieving or excusing the Contractor, or the Surety of his Bonds, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents.

The Contractor shall at all times during the term of this Contract, and until it has received Notice of Final Acceptance by the Maryland Environmental Service, or the Engineer, maintain in full force and effect the polices of insurance required by this Section. The Contractor shall provide the Maryland Environmental Service, with evidence that the required insurance has been obtained.

Insurance companies must be rated A- VIII or better by AM Best and should be lawfully authorized to do business in the State of Maryland or in the jurisdiction where the work is being performed.

The Contractor shall name the Maryland Environmental Services, Maryland Port Administration, Maryland Department of Transportation (MDOT) and the State of Maryland as additional insureds on each of the policies (except Workers’ Compensation, Builders Risk Insurance and Professional Liability). The commercial general liability additional insured endorsement should include “on-going operations” and “completed operations” coverage for the additional insured and a copy should be attached to the certificate of insurance. The Contractor shall provide certificates of insurance or other evidence that it has complied with this provision before commencement of work under this contract. Certificates shall indicate effective dates and dates of expiration of policies.

However, the Contractor, if requested by the Maryland Environmental Services, shall provide certified true copies of any and all of the policies of insurance to the Maryland Environmental Service.

The Contractor shall not commence work under this contract until all the insurance required under this section has been obtained and approved by the Maryland Environmental Service, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until the insurance required of the Subcontractor has been so obtained and approved. Contractors of every tier should waive (and require their insurers to waive by endorsement) subrogation rights against the State for losses and damages incurred under the insurance policies required by the agreement.

Contractors’ general liability and automobile liability insurance should be endorsed to include MES, MPA, MDOT, and the State of Maryland as additional insureds and provide that such additional insured coverage will be primary and no contributions shall be permitted from any insurance or self-insurance maintained by the MES, MPA, MDOT, or the State of Maryland.

All insurance policies required by this Section, or elsewhere in the Contract Documents, shall be so endorsed as to provide that the insurance carrier will be responsible for giving immediate and positive notice to the Maryland Environmental Service, in the event of cancellation or modification of the insurance policy by either the insurance carrier or the Contractor, at least sixty (60) days prior to any such cancellation or modification. A copy of the endorsement for each insurance policy shall be submitted to the Maryland Environmental Service before any work under this Contract commences.

The Contractor shall purchase and maintain during the life of this contract:

(1) Unless otherwise directed by the Service, the Contractor and its Subcontractors provide insurance protecting the Service from bodily injury and property damage in the amounts set forth below.

(a) Workers’ Compensation insurance as required by the laws for the State of Maryland, which shall include Employer’s Liability coverage for each accident, disease policy limit, and disease- each employee.

(b) Such policy or policies of insurance mentioned above shall also include coverage for the benefits as set forth under the U.S. Longshoremen and Harborworkers Compensation Act, the Jones Act and other Federal laws where applicable.

(c) Liability Insurance.

(i) Occurrence forms of comprehensive general liability insurance covering the full scope of the subcontract with limits not less than $2,000,000 per occurrence each occurrence limit for bodily injury/property damage and $4,000,000 general aggregate limit per project, $300,000 for Damage to Rented Premises, and $10,000 medical payments to others. The commercial general liability coverage should include blanket contractual liability covering indemnity obligations. Such insurance shall include but shall not be limited to, the following:

(ii) Comprehensive general liability insurance including a comprehensive broad form endorsement and covering: a) all premises-operations, b) completed operations, c) independent contractors, d) liability assumed by oral or written contract or agreement, including this Contract, e) additional interests of employees, f) notice of occurrence, g) knowledge of occurrence by specified official, h) unintentional errors and omissions, i) incidental (contingent) medical malpractice, j) extended definition of bodily injury, k) personal injury coverage (hazards A and B) with no exclusions for liability assumed contractually or injury sustained by employees of Contractor or subcontractor , l) broad form coverage for damage to property of the Maryland Port Administration and the Service, as well as other third parties resulting from completion of the subcontractor’s services.

(d) Comprehensive business automobile liability insurance covering use of any company owned motor vehicle to be used in conjunction with the Contract, including owned, hired automobiles and non-owned automobiles with limits not less than $1,000,000 combined single limit.

(e) Marine or Aviation Insurance. If any operations performed within the scope of the Contract by the Contractor or subcontractors require the use of any aircraft or watercraft (owned or non-owned), the Contractor shall maintain liability insurance satisfactory to the Service to cover such activities. Such coverage must be included as underlying insurance in any umbrella policies carried by the Contractor.

(f) Umbrella Liability Insurance

(i) The Contractor shall purchase and maintain an occurrence

“umbrella” form of excess liability insurance containing coverage in excess of the underlying policies specified above.

The required primary insurance shall be listed as underlying coverage in the first layer umbrella policy. The umbrella policies shall contain a minimum total occurrence and aggregate limit of:

$20,000,000.00

(g) Protection and Indemnity Insurance. Coverage for but not limited to the following maritime liability risks associated with the operation of a vessel: (a) loss of life, injury and sickness of crew, passengers and third parties (except for liabilities under statutory compensation acts such as USL&H, Jones Act or state Workers’ Compensation; (b) damage to cargo on board the vessel; (c) damage to piers, docks, jetties, and other fixed floating objects; (d) wreck removal costs; and (e) collision liability. Coverage to be appropriate and adequate for Tenants business and said insurance is to be written to show the MPA, MDOT, and the State of Maryland as “named insureds” as their interests may appear.

(h) Professional Liability. Contractor shall also purchase and maintain professional liability including pollution incident coverage of $1,000,000 each claim or occurrence and a $2,000,000 aggregate should be required of any Contractors, subcontractors or sub-subcontractors providing architectural, engineering and/or design services. Insurance should be kept in force for at least five (5) years after final completion of project.

(i) Contractor’s Pollution Liability (CPL). Contractor shall procure and maintain Contractor’s Pollution Liability (CPL) insurance with minimum limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate to provide coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor and/or subcontractors employed by the Contractor described in the Contractor’s scope of services. Policy shall cover the Contractor and/or subcontractors employed by the Contractor completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). The CPL should be written on an occurrence form policy; if the policy is written on a claims made form, coverage for completed operations shall be provided for a period of not less than five

(5) years following completion of all work under this agreement. The Contractor will provide coverage for claims and cleanup costs arising out of mold, microbial matter and Legionella. Such coverage shall be for the full limits of the policy unless a lower sublimit is approved in writing. Additional requirement of the CPL is that all transportation coverage for the movement of hazardous materials from the project site to a disposal location by either vehicles owned by the Contractor and/or subcontractors employed by the Contractor. A waiver of subrogation should be included in favor of the State of Maryland, its officers, employees, and agents.

(j) Property Insurance. If the Contract requires that the Contractor provide a field office for the Field Engineer the Contractor shall, at his own expense, insure the personal property of the Service and the MPA at said field office. The property must be insured on an “All Risks” basis to the extent of $50,000.

(k) Contractors Equipment Insurance/Equipment Floater Policy/Inland

Marine Coverage. Broad ranging policy designed to cover damage or missing equipment (to include cranes) and tools. Policy shall cover any equipment that is owned, rented, leased or borrowed from others and be written to include the removal of debris and cleanup after an accident/incident. This coverage can be procured as contractors’ equipment insurance, equipment floater policy, or as inland marine coverage.

It is the sole responsibility of the Contractor to see that any and all of its Subcontractors or their Subcontractors carry insurance required herein to the extent Contractor wishes to impose on its Subcontractor such liability insurance. Automobile liability insurance required herein shall be provided by each Subcontractor: The Contractor shall be held responsible for compliance and enforcement of the MESs insurance requirements and its own requirements and for any modifications or waivers of these insurance requirements as they apply to Subcontractors.

The MES shall have the right to require that the limits of liability set forth in the above paragraphs hereof be raised if in its judgment economic or insurance market conditions warrant.

If additional costs are incurred because of raised limits, the pre-approved additional cost shall be added to the Contract Sum.

Without limitation of any other provisions of this Contract, if (a) the Contractor's agreement herein to insure or to name as an additional insured the MES, Maryland Port Administration, MDOT and the State of Maryland with respect to contractual liability assumed by the Contractor under the terms of the Contract Documents or otherwise, or (b) any Contract of insurance between the Contractor or any Subcontractor and its insurance company, shall to any extent be or be determined to be void or unenforceable, it is the intention of the parties that such circumstances shall not otherwise affect the validity or enforceability of Contractor's agreements and obligations under the Contract Documents nor the validity or enforceability of such contract of insurance, each of which shall be enforced to the fullest extent permitted by law.

The furnishing of evidence of insurance by certificate or policy copy that is not in conformance with the requirements shall not constitute a waiver of or amendment to, the aforementioned requirements. Any modification or waiver of the requirements must be provided by the MES in writing to the Contractor and agreed to by signature of any authorized Officer of the Contractor.

Appendix B – Permits

April 1, 2021

Ms. Amanda Penafiel Maryland Port Administration 401 E. Pratt Street Baltimore, MD 21202

Permit No.: 20-OB-0132 Tracking No.: 202060451 Agency Interest (AI): 75761 Project: Cox Creek DMCF +60’ Dike Raising and Expansion County: Anne Arundel

Dear Ms. Penafiel:

The Maryland Department of the Environment (the Department) has issued the enclosed Waterway Construction Permit No. 20-OB-0132 for the Cox Creek DMCF +60’ Dike Raising and Expansion. This permit does not preclude the need to obtain required authorizations or approvals from other State, Federal, or Local agencies as required by law.

Please note the conditions of the permit including the requirement to notify the Dam Safety Division five (5) days prior to starting construction. Failure to comply with the permit conditions will constitute grounds for enforcement action.

If you take exception to any of the conditions attached to the Permit, you may file a petition for judicial review in Anne Arundel Circuit Court. The petition for judicial review must be filed within thirty (30) days of the publication of the permit decision.

If you have any questions or require any additional information, please contact me at

(410) 537-3552.

Sincerely, John Roche, P.E., Chief Dam Safety Permits Division

Enclosures cc: Edward Dalton, SaLUT-TLB w/enclosures MDE Inspection & Compliance Program, w/enclosures

Mr. Edward Dalton SaLUT-TLB 530 McCormack Dr, Suite S Glen Burnie, MD 21061

Permit Application No. 20-OB-0132 Cox Creek DMCF +60’ Dike Raising and Expansion Engineer-In-Charge Requirements

Dear Mr. Dalton:

The Maryland Department of the Environment (the Department) has issued Waterway Construction Permit No. 20-OB-0132 to Amanda Penafiel, Maryland Port Administration, 401 E. Pratt Street, Baltimore, MD 21202 for the Cox Creek DMCF +60’ Dike Raising and Expansion. A copy of the permit is enclosed for your records

As the designated Engineer-In-Charge, it is your responsibility, pursuant to Code of Maryland Regulations (COMAR) 26.17.04.05A(1) governing Construction on Nontidal Waters and Floodplains, to assure that the work is completed in accordance with the approved construction plans and the assumptions made during the design.

Please refer to the permit conditions, in particular those that describe your responsibilities as the Engineer-In-Charge. The Department strongly encourages you to have a preconstruction conference with us to discuss the progress reports and other submittals to the Dam Safety Division. Weekly construction progress reports shall be submitted electronically to John.Roche@maryland.gov by the close of business of the Wedneday following the report period. The Department also encourages you to have a final “walk through” inspection with the Dam Safety Division after construction is complete but prior to the demobilization of the contractor. Please find attached a checklist to assist you in completing the construction inspection and As-Built plan certification.

Also, enclosed is a set of the approved final construction plans, stamped by the Department. The Permit was issued based on these plans. Therefore, please make certain that any plans used for construction are the same plans stamped by the Department and referenced in the Permit.

If you have any questions or require any additional information, please contact me at

(410) 537-3552.

John Roche, P.E., Chief Dam Safety Permits Division

PERMIT

WATERWAY CONSTRUCTION PERMIT NO. EFFECTIVE DATE OF PERMIT

20-OB-0132 April 1, 2021

In accordance with §§5-501 through 5-514, et seq. of the Environment Article, Annotated Code of Maryland (2013 Replacement Volume, as amended), permission is hereby granted to Amanda Penafiel, Maryland Port Administration, 401 E. Pratt Street, Baltimore, MD 21202, hereinafter referred to collectively as “the Owner” or “the Permittee”, by the Maryland Department of the Environment, Dam Safety Division (the Department) for the Cox Creek DMCF +60’ Dike Raising and Expansion as shown on sheets G-001 through G-028, CD-001 through CD-503, CU-101 through CU-705, and S-001 through S-532 on plans prepared by Edward Dalton, SaLUT-TLB and approved by the Department on March 26, 2021.

The site is located near Kembo Road on the Patapsco River in Anne Arundel County, at latitude 39.198 degrees north, longitude -76.533 degrees west.

Jennifer M. Smith, P.E.

Program Manager Sediment, Stormwater, and Dam Safety Program

This PERMIT is granted subject to the following:

GENERAL CONDITIONS

Maryland Department of the Environment Water and Science Administration

Dam Safety Division

Waterway Construction Permit No. 20-OB-0132 Page 2

1. This Permit is valid only for use by the Permittee. Permission to transfer the Permit must be obtained from the Department in writing.

2. This Permit is issued based on this structure being classified as a high hazard dam. Changes in downstream development within the dam break flood zone may require updates of the Emergency Action Plan incorporating the changes.

3. This Permit shall become null and void if the construction authorized herein has not begun within two (2) years from the date of this Permit. If the construction authorized herein has not been completed within five (5) years from the date of this Permit, approvals contained herein shall become null and void except that these limits may be extended at the discretion of the Department. After construction has been completed, the Operation and Maintenance Conditions shall remain in effect unless modified by the Department.

4. This Permit is subject to all laws and regulations now in effect and may be revoked if it becomes at variance with the laws of the State, or if the Permittee fails to comply with the conditions of this Permit. It is understood that the obligations attendant to this Permit shall run with the land and shall attach to all Successors in Title. In accepting this Permit, the Permittee shall record or allow a "Memorandum of Land Restrictions for Dam or Reservoir" to be recorded in the land records of Anne Arundel County, Maryland in accordance with §5-508(b) of the Environment Article, Annotated Code of Maryland (2013 Replacement Volume, as amended). The Permittee shall allow the Department to record the Memorandum if the Department so chooses.

5. If future repairs, additions, or modifications other than routine maintenance must be made to the structure following completion of construction, a separate permit must be obtained from the Department.

6. Prior to completion of the facility, the permittee shall submit an "Emergency Action Plan" for the downstream danger reach. Annual updates of the Emergency Action Plan shall be submitted by May 1 of each year.

7. The Permittee shall notify the Dam Safety Division at least five (5) days prior to commencement of construction and no later than five (5) days following completion of construction at (410) 537-3538.

8. This permit does not preclude the need to obtain required authorizations or approvals from other State, Federal or local agencies as required by law.

CONSTRUCTION CONDITIONS

9. The Permittee is responsible for implementing all required erosion and sediment controls as approved by the MDE Plan Review Division. The approved erosion and sediment control plan shall be maintained at the construction site for reference during the construction period. The Permittee is responsible for implementing the erosion and sediment control plan.

10. The bed and banks of the waterway shall be disturbed as little as possible. Following initial soil disturbance or redisturbance, permanent or temporary stabilization is required within three (3) calendar days as to the surface of all perimeter controls, dikes, swales, ditches, perimeter slopes, and all slopes steeper than 3 horizontal to 1 vertical (3:1); and seven (7) calendar days as to all other disturbed areas on the project site except for those areas under active grading. Should construction be interrupted or delayed for more than seven (7) days, the Permittee, as directed by the Department, shall implement temporary

Waterway Construction Permit No. 20-OB-0132 Page 3 measures to prevent soil erosion during that period. All erosion and sediment control practices during construction shall be in accordance with the 2011 Maryland Standards and Specifications for Erosion and Sediment Control or an approved equivalent. The discharge of untreated sediment laden waters is strictly prohibited.

11. Instream construction in Use II waters is prohibited between the following dates of each calendar year:

SAV Closure: 4/15 to 9/15 or 4/15 to 10/15 Ruppia Closure: 4/15 to 10/14 Fish Closure: 2/15 to 6/15 or 3/1 to 6/15 Oysters Closure: 12/15 to 3/31 or 6/1 to 9/30 for spat Turtles Closure: 2/16 to 9/30 Historic Waterfowl Closure: 11/15 to 3/1

12. Motor driven construction equipment is allowed to be used within the stream channel only for that work that is authorized by this Permit and located within the project right-of-way. Spoil material/debris shall be disposed of outside the floodplain. Any temporary excavation or filling within the stream channel or floodplain shall be restored to the elevation existing prior to construction unless the Department requires otherwise.

13. Construction activities, operation, and maintenance shall be carried out in strict accordance with Code of Maryland Regulations (COMAR) 26.17.04.05 and this Permit. The location, dimensions and type of all structures, excavation, or filling is to be in strict accordance with the Approved Plans and specifications unless written approval for any changes is granted by the Department. If any changes to the Approved Plans are found to be necessary, they shall be submitted to the Department for approval prior to ordering the execution of such change.

14. A person (including Permittee, its employees, agents or contractors) who violates or fails to comply with the terms and conditions of this Permit, Approved Plans or an administrative order may be subject to penalties in accordance with §5-514 and §5-911, Environment Article, Annotated Code of Maryland (2013 Replacement Volume, as amended).

15. A copy of the Approved Plans and this Permit shall be kept at all times at the construction site for reference during the construction period.

16. If the Permittee, its employees, agents or contractors fail to comply with this Permit or Approved Plans, the Department may, in its discretion, issue an administrative order requiring Permittee, its employees, agents and contractors to cease and desist any activities that violate this Permit, or the Department may take any other enforcement action available to it by law, including filing civil or criminal charges.

17. This Permit may be suspended or revoked by the Department for cause, including violation of permit conditions, obtaining a permit by misrepresentation, failing to disclose a relevant or material fact, or change in conditions. The Department shall notify the violator in writing and provide an opportunity for a hearing, if the Permittee: (a) submits false or inaccurate information in the Permit application or subsequently required submittals; (b) deviates from the Approved Plans, specifications, terms and conditions; (c) violates, or is about to violate terms and conditions of this Permit; (d) violates, or is about to violate, any regulation promulgated pursuant to Title 5, Department of the Environment Article, Annotated Code of Maryland as amended; (e) fails to allow authorized representatives of the Department

Waterway Construction Permit No. 20-OB-0132 Page 4 to enter the site of authorized activities at any reasonable time to conduct inspections and evaluations;

(f) fails to comply with the requirements of an administrative action or order issued by the Department; or

(g) does not have vested rights under this Permit and new information, changes in site conditions, or amended regulatory requirements necessitate revocation or suspension.

18. Overall design of the project has been under the supervision of Edward Dalton (Maryland PE Registration No. 11890), SaLUT-TLB, hereinafter referred to as Engineer-In-Charge (EIC). The EIC may not be changed without written approval from the Department. Construction shall be under the supervision of the EIC, who shall notify the Dam Safety Division upon the commencement of construction activities and thereafter submit a progress report (Form 1) to the Department each week. The progress reports shall be submitted electronically by email to: John.Roche@maryland.gov by close of business on Wednesday following the report period. Included along with the progress report shall be the results of all field and laboratory material testing, delivery tickets for materials, shop drawings, and several representative digital photographs of the work.

19. A history of the construction shall be maintained by the EIC and shall include: 1) the date, location and results of field and laboratory material testing, 2) a narrative of problems encountered during construction and changes in design, and 3) "As-Built" plans. The EIC or his representative shall be present during all phases of construction and shall document his findings upon completion of the following construction phases: a) site preparation including overexcavation, b) slurry wall installation,

c) spillway construction, d) embankment construction, and e) upon completion of construction.

20. Within sixty (60) days following construction of the embankment to the final design elevation, the EIC shall submit a completed “Project Completion Report” (Form 2), the project history, and "As-Built" drawings to the Dam Safety Division. The "As-Built" drawings shall include the contract drawings annotated with all changes in elevation, location, quantity, material specification, and any supplemental drawings issued during the construction period. The “As-Built” drawings as well as the project history and test results shall be submitted in electronic form (.pdf or .tif format) and in printed copy. Special attention shall be directed toward documenting the foundation conditions encountered during construction. Where "... or equal" substitutions are made, the As-Built plans shall reflect these installed items.

21. The EIC shall submit to the Department a report stating that the structure has been constructed to an interim crest elevation in accordance with the approved plans and has been made ready for periodic dredged material inflows. The DMCF may not receive inflows that will utilize the interim crest elevation until the Department reviews the EIC report and issues written approval to do so. The report shall describe the methods to be followed for the surveillance of the project during the periodic dredged material inflows. The Permittee shall at all times maintain a minimum of three (3) feet of freeboard from the surface of water/dredged material to the crest of the DMCF dike.

Waterway Construction Permit No. 20-OB-0132 Page 5

OPERATION AND MAINTENANCE CONDITIONS

22. The Permittee and any heirs, successors, or assigns are responsible for the safety of the dam and the continued operation, surveillance, inspections, and maintenance in accordance with the conditions described herein. The Permittee shall promptly notify the Department of significant changes in conditions.

23. The Owner shall notify the Department of a pending transfer of legal title of their dam, or a change in the principal point-of-contact before the transfer occurs. Within 30 days of the transfer of ownership or change in point-of-contact of a dam or property on which a dam is located, the new owner of the subject dam shall inform the Department in writing of the transfer and provide a new point-of-contact name, mailing address, telephone number, and e-mail address.

24. In accepting the Permit, permission is hereby granted to representatives of the Department to enter in or upon the subject premises at any reasonable time for the purpose of conducting inspections pursuant to the provisions of Title 5 of the Environment Article, Annotated Code of Maryland, as amended.

25. If the dam is not operated or maintained in full compliance with this Permit, the Permittee shall repair all or any part of the structure at his sole cost and expense, as directed by the Department.

26. Annual inspections of the facility shall be made by the owner and/or qualified engineer beginning after the design crest elevation (+60 MLLW) is met. Records of each inspection shall be maintained by the Owner. Annual inspection reports shall be submitted to the Department within sixty (60) days of each inspection. Extensions may be granted under extenuating circumstances. At a minimum, annual inspection reports shall include a dam inspection checklist (Form 3), photographs of the dam, overall assessment of the condition of the dam and appurtenant works, a review of the downstream danger reach to determine if any new structures exist, etc.

27. Inspections of the facility will also be made during and after storms with significant runoff, by the Owner, to uncover any structural or operational problems. These inspections will include checking of the reservoir pool and spillway to assure that they are free of any restricting debris. Records of these inspections shall be maintained by the Owner and submitted to the Department with the annual inspection report.

28. Maintenance work such as the removal of all new tree growth and mowing of the dam will be scheduled as determined necessary during the Owner's inspections. Mowing of the dam shall be accomplished at least twice each year by the Owner. Any emergency maintenance will also be accomplished by the Owner.

29. The Owner agrees not to plant or allow the growth of any trees or woody vegetation on or around the dam. The growth of this vegetation shall be removed by the Owner. Existing woody vegetation on the dike below El. +20 (MLLW) between Sta. 73 to Sta. 82 and Sta. 17 to Sta. 24 may remain in place.

30. The costs of the inspection, regular maintenance and emergency repairs will be accomplished by the Owner as warranted or at the direction of the Department.

Form 1: Weekly Construction Progress Report To be submitted electronically by COB Tuesday to: John.Roche@maryland.gov

Date ________________

TO: MDE Dam Safety Division Water and Science Administration 1800 Washington Blvd, Suite 440 Baltimore, Maryland 21230-1708

Re: Weekly Construction Progress Report No. ____

WMA Permit No. 20-OB-0132

The work on Cox Creek DMCF +60’ Dike Raising and Expansion in Anne Arundel County is progressing as follows:

Phase Percent Completed Clearing, grubbing, undercut Utility abandonment Foundation preparation Slurry Wall Spillway conduits, vaults and structures Uplands Embankment Fill Lowlands Embankment Fill

Other

REMARKS (Enter any remarks or details pertinent to the status and conditions of construction)

Submitted By:

Edward Dalton Engineer-In-Charge

Please attach several representative digital photographs of the work (.jpg format) and the results of field and laboratory testing (.pdf or .tif format).

Form 2: Project Completion Report

STATE OF MARYLAND

WATER AND SCIENCE ADMINISTRATION

DAM SAFETY DIVISION

MDE Dam Safety Division Water and Science Administration 1800 Washington Blvd, Suite 440 Baltimore, Maryland 21230-1708

PROJECT COMPLETION REPORT

WMA Permit No. 20-OB-0132 Date ______________

I (We) hereby certify that of Cox Creek DMCF +60’ Dike Raising and Expansion in Anne Arundel County was completed on _________________, 20___, in accordance with the plans and specifications approved by the Department. Any minor differences between the As-Built plans and the approved construction plans will not affect the safety of the dam including hydraulic performance or the minimum freeboard criteria.

Very truly yours, Edward Dalton Engineer-In-Charge

Professional Certification. I hereby certify that these documents were prepared or approved by me, and that I am a duly licensed professional engineer under the laws of the State of Maryland, License No.________, Expiration Date:_______________.

Signature of Permittee

Amanda Penafiel Maryland Port Administration

Title Enclosed: As-Built plans (both paper and electronic), project history

CONSTRUCTION INSPECTION CERTIFICATION CHECKLIST PAGE 1

20-OB-0132 Cox Creek DMCF +60’ Dike Raising and Expansion

LEGEND: OK ACCEPTABLE X UNACCEPTABLE N/A NOT APPLICABLE

Check Date Initials Mark

Soils Certification:

______ _____ ___ Cut-off Trench. Unified Soil Classification _____ ______ _____ ___ Cut-off Trench Compaction (test every 50 ft) ______ _____ ___ Cut-off Trench Dimensions & Location ______ _____ ___ Cut-off Trench Extended Down to Impervious Soil

______ _____ ___ Structural Backfill. Unified Soil Classification _____ ______ _____ ___ Structural Backfill Compaction (test every 25 ft on each side of structure) ______ _____ ___ Compacted in 4-inch Soil Lifts

______ _____ ___ Embankment Soils. Unified Soil Classification _____ ______ _____ ___ Embankment Compaction (test every 5000 sq ft) ______ _____ ___ Compacted in 8-inch Soil Lifts

______ _____ ___ Filter Diaphragm Gradation ______ ______ _____ ___ Filter Diaphragm Dimensions & Placement ______ _____ ___ Filter Diaphragm Compaction

Principal Spillway Certification:

Barrel:

______ _____ ___ Barrel Classification (pipe class, joints) ______ _____ ___ No Gravel Under Spillway ______ _____ ___ Spillway Pipe Barrel Installed Before Embankment Fill ______ _____ ___ Watertight Joints (joint separation OK) Gap: ____ ______ _____ ___ Articulated Joint within 2 ft of Riser-Barrel Connection ______ _____ ___ Full Concrete Cradle

Riser:

______ _____ ___ Bearing Capacity ______ _____ ___ Base Dimensions ______ _____ ___ Concrete Strength ______ _____ ___ Watertight Joints ______ _____ ___ Rebar Size & Spacing ______ _____ ___ Drain Pipe

CONSTRUCTION INSPECTION CERTIFICATION CHECKLIST PAGE 2

20-OB-0132 Cox Creek DMCF +60’ Dike Raising and Expansion

LEGEND: OK ACCEPTABLE X UNACCEPTABLE N/A NOT APPLICABLE

Check Date Initials Mark

Emergency Spillway Certification:

______ _____ ___ Dimensions ______ _____ ___ Constructed on Existing Ground ______ _____ ___ Level Section Length ______ _____ ___ Exit Slope

As-Built Elevations & Dimensions*:

Barrel: Elev/Size ______ _____ ___ Inlet EL ______ ______ _____ ___ Outlet EL ______ ______ _____ ___ Slope & Length ______ ______ _____ ___ Size ______

Riser:

______ _____ ___ Trash Rack ______ _____ ___ Low Flow Size ______ ______ _____ Slot/Weir Sizes:

______ _____ ___ Slot 1 ______ ______ _____ ___ Slot 2 ______ ______ _____ ___ Slot 3 ______ ______ _____ ___ Top Weir ______

Embankment:

______ _____ ___ Top of Dam ______ ______ _____ ___ Minimum Freeboard ______ ______ _____ ___ Embankment Slopes ______

Volume Certification:

______ _____ ___ 2-Year Volume ______ _____ ___ 10-Year Volume ______ _____ ___ 100-Year Volume ______ _____ ___ As-Built Contours Shown on Plans

Stabilization Certification:

______ _____ ___ Seed & Mulch Applied to Embankment & Bare Soils Areas ______ _____ ___ Soils Stabilized

*Note: If elevations differ by more than 0.2 ft, or pipe diameters differ by more than 2 inches, or areas of riser openings differ by more than 5% of those shown on the plans, then submit revised hydraulics for approval.

MARYLAND DAM INSPECTION CHECKLIST Y N Monitor Repair

1. CREST

Ground cover in good condition Settlements Depressions Cracks

2. UPSTREAM SLOPE

Ground cover in good condition Riprap in good condition Erosion Animal Burrows Trees Shrubs Settlements Depressions Bulges Cracks

3. DOWNSTREAM SLOPE

Ground cover in good condition Erosion Animal Burrows Trees Shrubs Settlements Depressions Bulges Cracks Seepage _____ gpm

4. INTERNAL DRAINAGE SYSTEM

Seepage/drain flow: Left _______ gpm Right ______ gpm Other _______ gpm Does seepage contain fines?

5. ABUTMENT CONTACTS

Trees Shrubs Erosion Seepage _____ gpm

6. SPILLWAY/RISER STRUCTURE Concrete or Metal Pipe Spalling Cracking Corrosion Erosion Scaling Exposed Reinforcement Joints: Displacement Leakage Loss of joint material Trash racks: Operational Broken Bent Rusted Debris Obstructed Sluice/Drain gates: Operational Broken Bent Corroded Leaking

7. SPILLWAY CONDUIT Concrete or Metal Pipe Debris Cracking Leakage Spalling Exposed reinforcement Joints: Displacement Leakage Loss of joint material

8. STILLING BASIN/PLUNGE POOL Riprap or Concrete Spalling Cracking Erosion Scaling Exposed Reinforcement Joint Deterioration Undercutting Eroding Outlet channel condition:

Tailwater elevation and flow condition:

9. EMERGENCY SPILLWAY

Ground cover in good condition Erosion Trees Shrubs Obstructions

OVERALL CONDITION: Excellent Good Fair Poor Unsafe

Notes:

Form 3: Annual Dam Inspection Checklist

Dam:_______________________________________ Weather: _________________ Date: _____________

Inspectors:____________________________________________________________ Pool Level:________

Re: Notice of Final Determination

Waterway Construction Permit Application 20-OB-0132 Tracking Number 202060451

Dear Property Owner, Public Official, or Interested Person:

After examination and consideration of the documents received and evidence in the application file and record for of Cox Creek DMCF +60’ Dike Raising and Expansion by Amanda Penafiel, Maryland Port Administration, 401 E. Pratt Street, Baltimore, MD 21202, the Maryland Department of the Environment has determined that the application meets the statutory and regulatory criteria necessary for issuance of a Waterway Construction Permit pursuant to Environment Article §5-503(a) and §5-506(a), Annotated Code of Maryland (2013 Replacement Volume, as amended) and Code of Maryland Regulations (COMAR) 26.17.04. Copies of the permit and the Dam Safety Division’s Position Report are available upon request.

This is a final agency determination; there is no further opportunity for administrative review.

Any person with standing, who is either the applicant or who participated in the public participation process through the submission of written or oral comments may petition for judicial review in the Circuit Court in the County where the permitted activity is to occur. The petition for judicial review must be filed within thirty (30) days of the publication of the permit decision. Please see the attached Fact Sheet for additional information about the judicial review process.

If you have any questions or require any additional information, please contact John Roche, P.E.

of the Dam Safety Division at (410) 537-3552, email John.Roche@maryland.gov, or call me at

(410) 537-3538.

Jennifer M. Smith, P.E.

Program Manager Sediment, Stormwater, and Dam Safety Program

Enclosure

FACT SHEET

JUDICIAL REVIEW PROCESS

Waterway Construction permits issued by Maryland Department of the Environment (Department) can be challenged through a request for direct judicial review in the Circuit Court for the county where the activity authorized by the permit will occur. Applicants, and persons who meet standing requirements under federal law and who participated in a public comment process by submitting written or oral comments (where an opportunity for public comment was provided), may seek judicial review. Judicial review will be based on the administrative record for the permit compiled by the Department and limited to issues raised in the public comment process (unless no public comment process was provided, in which case the review will be limited to issues that are germane to the permit).

Who Has Standing?

Anyone who meets the threshold standing requirements under federal law and is either the applicant or someone who participated in the public participation process through the submission of written or oral comments, as provided in § 5-204 of the Environment Article, Annotated Code of Maryland (2013 Replacement Volume, as amended). The three traditional criteria for establishing standing under federal law are injury, causation, and redressability, although how each criterion is applied is highly fact-specific and varies from case to case. Further, an association has standing under federal law to bring suit on behalf of its members when its members would otherwise have standing to sue in their own right, the interests at stake are germane to the organization’s purpose, and neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.

What is the Procedure for Seeking Judicial Review?

Petitions for judicial review of a final determination or permit decision subject to judicial review must be filed in accordance with § 1-605 and § 5-204(i)(2) of the Environment Article no later than thirty (30) days following publication by the Department of a notice of final determination or final permit decision and must be filed in the circuit court of the county where the permit application states that the proposed activity will occur. Petitions for judicial review must conform to the applicable Maryland Rules of Civil Procedure.

Appendix C Pre-Excavation Checklist

Date:

1.

2.

3.

4.

5.

6.

7.

8.

9.

YES NO

1.

2.

3.

4.

5.

6.

7.

* If any of the items above are checked "NO" explain here:

YES NO

1.

2.

3.

4.

5.

e. All exits or egress from trench excavations (4' deep or greater) will be located no further than 25' from any employee at any time.

* If any of the items above are checked "NO" explain here:

Contractor:

PRE-EXCAVATION CHECKLIST

Project/Facility:

The private utility locator will provide a marked up drawing showing the locations of utilities that were marked as well as any utilities that were unable to be found and/or any newly discovered potential utilities.

COMPLETE?

Location of Excavation:

Description of Excavation:

(Include location diagram)

The Contractor shall request in writing any applicable design, as-built, and/or historical design drawing(s) that are available from the

Property Owner, the Property Owner's Representative(s) and the Engineer of Record (if applicable).

The contractor shall deliniate the footprint of the excavation area by marking up a copy of the utility or otherwise applicable drawing(s) provided by the Property Owner or the Property Owner's engaged consultants. If multiple utility drawings exist, the contractor shall mark and deliniate the excavation limits on each drawing.

PROCEDURAL REQUIREMENTS

PRE-EXCAVATION MEETING

The MES Project Manager will provide the Excavation Contractor's excavation area deliniation drawing(s) as well as any applicable design, as-built, and/or historical design drawing(s) to the private utility locator and arrange for utility locating & marking.

A copy of the marked up drawing(s) deliniating the excavation area shall to be provided to the MES Project Manager.

The marked utility locations will be field verified by the contractor to match the drawing(s) provided by the Property Owner or the Property

Owner's engaged consultants.

The contractor will be notified by MES for confirmation once utility companies and/or private utility locators have been contacted and all known utilities have been marked in the excavation area.

The contractor will call in a Miss Utility ticket for the correct polygon associated with the deliniated area of excavation.

The contractor will schedule a pre-excavation meeting with, at a minimum, the Excavating Contractor's Representative, The Property

Owner's Inspection Representative, and the Engineer of Record or their designated representative (if applicable).

The Contractor will ensure that underground installations are protected, supported, or have otherwise been removed while the excavation is open, whether or not work is active.

The Contractor agrees to comply with all MOSH, OSHA, State and Federal Regulations as applicable to excavation standards and safety.

PPE will be provided and worn by all employees working in the area of excavation, to include: hard hats, safety toed boots, high visibilty clothing or safety vests, and glasses.

A "Pre-Excavation Checklist" kick-off meeting has been conducted among the Excavation Contractor's Representative, the Property Owner's

Inspection Representative, and the Engineer of Record or their designated representative (as applicable).

The Contractor has reviewed and understands all pertinent plans applicable to the area of excavation, as solicited and obtained from the

Property Owner, Property Owner's Representative, and Engineer of Record (if applicable).

The Contractor will provide a "Competent Person" as defined in 29-CFR OSHA 1926.650(b) to inspect daily the area of excavation and associated protective systems and to be on site at all times when excavation work is taking place.

The Contractor will hold a daily safety meeting (tailgate meeting) with all employees involved in the excavation prior to entering the excavation area.

DURING EXCAVATION WORK

i. The atmosphere in the excavation will be tested when or if there is a possibility of oxygen deficiency or hazardous gases build-up.

All Employees working in an excavation are trained in the use of Personal Protective and Emergency Response equipment.

c. Employees are prohibited from working on faces of sloped or benched excavations above other employees.

a. Safety barriers have been provided and securely installed at all remote excavations, wells, pits, shafts, etc.

b. Employees are prohibited from working or walking under suspended loads.

d. Employees are protected from loose rock or soil that could fall or roll from an excavation face.

h. A safety harness and life line will be individually attended when employees enter a deep confined excavation.

g. A safety inspection will be performed by a Competent Person after each rain event.

f. Any equipment, materials or spoils must be set back a minimum of 2' from the edge of the excavation.

A warning system will be established and in use for all mobile equipment operating in or near the edge of the excavation area.

The contractor agrees to strictly adhere to all excavation safety standards and protocols as set forth in 29-CFR OSHA 1926 Sub-part P

(Excavations), including but not limited to:

The Contractor will make available equipment for the removal of water from the excavation and precautions will be taken to protect any employees working in the excavation from accumulation of water. Surface water will be controlled or diverted away from the excavation.

Any overhead utility lines will be located, noted, and reviewed with the equipment operator(s) prior to any excavation work.

Page 1 of 2 Revision 3.1

NOTES:

1.

2.

3.

4.

5.

6.

7.

Name of Supervisor/Safety Officer: Name of Competent Person:

Signature: Signature:

a. Any private (e.g.: property owner responsibility, downstream of the utility responsibility) electrical or piped infrastructure, known or unknown and identified prior to or as a result of the excavation prosecution, shall be tested when encountered using safe means and employing the appropriate staff under any applicable regulations, to determine whether or not the infrastructure is energized, pressurized or contains residual product. The testing and confirmation shall be coordinated by, documented by, and provided by the party performing the excavation and the infrastructure proved safe before any removal commences.

b. Any utility (e.g.: upstream of the property owner responsibility) electrical or piped infrastructure, known or unknown and identified prior to or as a result of the excavation prosecution, shall be tested by the responsible utility entity when encountered, to determine whether or not the infrastructure is energized, pressurized or contains residual product. The testing and confirmation shall be coordinated by, documented by, and provided by the party performing the excavation and the infrastructure proved safe before any removal commences.

Any changes to the location or limits of excavation as deliniated in the attached excavation location drawing(s), or any change in the contractor performing the work, will require the implementation of a new checklist.

c. In all cases noted above, the contractor shall not proceed with removal until the owner or their designated representative have completed all required testing/confirmation and/or made accomodations for containment of residual contents if neccesary.

Any contaminated soils, liquids, drums, or unusual debris (with the exception of those identified as part of remedial excavation work) that are encountered during excavation shall be immediately reported to the MES site supervisor. No further excavation may take place until the unknown materials have been identified and authorization to proceed is given by the owner or their designated representative.

Any underground services or utilities that are discovered during excavation and that have not been previously identified shall be immediately reported to the

MES site supervisor. No further excavation may take place until the unknown services and/or utilities have been identified and authorization to proceed is given by the owner or their designated representative.

NOTE: Maintain one copy of the completed checklist on site at all times during excavation. Provide (1) one copy to the Property Owner's representative

Inspector and (1) copy to the Property Owner's representative Project Manager.

In the event that any potential Unexploded Ordinance (UXO) are encountered during excavation, all work shall immediately cease and the situation shall be immediately reported to the MES site supervisor.