6982AF24B000019 A001 SF30 CA ERFO NP DEVA 2022-1(2).pdf

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

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

15C. DATE SIGNED

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

16C. DATE SIGNED

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

2. AMENDMENT/MODIFICATION NUMBER

A001

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

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 WEST DAKOTA AVENUE, SUITE 360

LAKEWOOD, COLORADO 80228

ATTENTION: KELLY PALMER

9A. AMENDMENT OF SOLICITATION NUMBER

6982AF24B000019

5. PROJECT NUMBER (If applicable)

CA ERFO DEVA 2022-1(2)

09/17/2024

9B. DATED (SEE ITEM 11)

09/03/2024

0*

*See Item 14

X

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

The purpose of this amendment is to amend the IFB per the following:

1. Replace Notice to Bidder page A-iii with the attached Notice to Bidders page A-iii

2. Replace page B-12 with the attached pages B-12 and B-13

3. Replace page E-45 with the attached page E-45

4. Add Appendix D – 401 Permit

5. Add attachments for the Geotechnical Technical Memorandum

15. FAILURE TO ACKNOWLEDGE THIS AMENDMENT IN BLOCK 19 OF THE SF 1442 BY THE DESIGNATED DATE AND HOUR SPECIFIED IN

THE SOLICITATION MAY RESULT IN REJECTION OF YOUR BID (REFER TO ITEM 11.)

NOTICE TO BIDDERS

A-iii

TECHNICAL QUESTIONS REGARDING THIS SOLICITATION WILL NOT BE

ACCEPTED AFTER 4 P.M. ON SEPTEMBER 24 25, 2024

Questions can be submitted to CFLContracts@dot.gov. Questions and answers will be posted at https://sam.gov

Modifications to Bids - Bids may be modified or withdrawn by regular mail, electronic commerce (email) or facsimile, if such notice is received prior to the time specified for receipt of bids. The Government will not be responsible for ANY failure attributable to the transmission or receipt of electronic commerce (email) or facsimile data.

For all modifications, we STRONGLY ENCOURAGE you to resubmit the entire bid schedule with a unit price and amount for every bid item, and a Schedule Total. See FAR Provision 52.214-5, Submission of Bids. Modifications which make the bid ambiguous, indefinite, or uncertain as to any essential requirement of the contract will cause the bid to be rejected as nonresponsive.

FAX Number to submit modifications to bids for this project is (720) 963-3360

Email Address to submit modifications to bids for this project is cflcontracts@dot.gov

FAR 36.211 requires a description of the Federal Highway Administration’s (FHWA) procedures that apply to definitization of equitable adjustments for change orders under construction contracts.

It also requires that FWHA furnish data on the agency’s past performance, for the prior 3 fiscal years, regarding the time required to definitize equitable adjustments for change orders under construction contracts.

Change orders as defined in FAR 2.101 are changes to the contract work pursuant to FAR 52.243-4, Changes.

There are no agency-specific additional policies and procedures that exist at this time.

The table below contains data regarding the definitization of equitable adjustments for change orders under construction contracts by fiscal year (FY).

Time to definitize after receipt of an adequate change order definitization proposal under construction contracts

Number of change order proposals definitized under construction contracts

FY 2021 FY 2022 FY 2023

0 to 30 days 0 0 0 31 to 60 days 0 1 0 61 to 90 days 1 0 0 91 to 180 days 2 2 1 181 to 365 days 1 0 1 366 or more days 4 2 0

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9/17/2024 mailto:CFLContracts@dot.gov https://sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_243_4 https://www.acquisition.gov/far/part-52#FAR_52_243_4 kelly.palmer Cross-Out

B-12 day of filing a protest with the GAO.

(End of provision)

52.236-27 Site Visit (Construction). (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting: No organized site visit will be held.

A site visit is scheduled for Tuesday, September 24, 2024, from 11:00 a.m. to 2:00 p.m. PST. NPS Staff will be onsite to unlock the gate. NPS Staff will not be answering any questions. All questions need to be submitted to cflcontracts@dot.gov by the question due date. If planning to attend the Site Visit, please send an email to cflcontracts@dot.gov and Charles Thompson at charles_thompson@nps.gov to RSVP. The site visit is not mandatory.

The project site is also accessible by foot (approximately five (5) miles roundtrip hike on the road) at all other times. If accessing the project site at other times, please provide Name and License Plate information to Charles Thompson at charles_thompson@nps.gov.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far

(End of provision)

52.252-3 Alterations in Solicitation. (APR 1984)

Portions of this solicitation are altered as follows:

Included FAR 52.211-6(e)

(End of provision)

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9/17/2024 mailto:cflcontracts@dot.gov mailto:cflcontracts@dot.gov mailto:charles_thompson@nps.gov http://www.acquisition.gov/far kelly.palmer Cross-Out

B-13

1252.239–92 Information and Communication Technology Accessibility Notice (NOV 2022)

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9/17/2024

E-45

CA ERFO NP DEVA 2022-1(2)

Salt Creek Interpretive Trail

PMIS #: 331907

hours after each installation is completed. Provide records for each helical pile that include, but are not limited to, the following information.

(1) Name of project and Contractor

(2) Name of Contractor’s supervisor during installation

(3) Date and time of installation

(4) Name and model of installation equipment

(5) Type of torque indicator used

(6) Location of helical pile by assigned identification number

(7) Actual helical pile type and configuration – including lead section (number and size of helix plates), number and type of extension sections (manufacturer’s SKU numbers)

(8) Total length of installed helical pile

(9) Cut-off elevation

(10) Inclination of helical pile

(11) Installation torque at one-foot intervals for the final 10 feet

(12) Comments pertaining to interruptions, obstructions, or other relevant information

(13) Rated load capacities

582.06 Pile Load Tests.

(a) Static load tests. Install a one test pile per pile diameter and perform static load testing prior to beginning production pile installation. Install the load test pile to the same tip elevation as the production piles unless otherwise approved by the CO. Perform static load testing on a minimum of 5% of production piles at locations to be determined by the CO. Additional testing may be required by the CO.

Use a test method that conforms to ASTM D 1143, modified for quick load tests, except provide the test load that is two times the design compression load. A loaded pile will be determined unacceptable when the total settlement under 200 percent of the design load exceeds 1 inch or the permanent settlement exceeds ¼ inch using the standard loading procedure in ASTM D 1143 Section 5.

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APPENDIX - D

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Amendment A001

APPENDIX D - 401 Permit

Lahontan Regional Water Quality Control Board September 5, 2024

WDID 6B142407004

Nathan Allen Federal Highway Administration 12300 W. Dakota Ave Suite 380 Lakewood, Colorado 80228 nathan.allen@dot.gov

Board Order No. R6-2024-0038, Granting Clean Water Act Section 401 Water Quality Certification, Salt Creek Boardwalk Replacement Project, Inyo County

Lahontan Regional Water Quality Control Board (Water Board) staff has received a complete Clean Water Act (CWA) section 401 Water Quality Certification (WQC) application and application filing fee from Federal Highway Administration (Applicant) for Salt Creek Boardwalk Replacement Project (Project) in Inyo County. The application was received on July 11, 2024, and deemed complete on August 13, 2024. This WQC hereby assigns this Project Waste Discharge Identification (WDID) No. 6B142407004. Please use this reference number in all future correspondence regarding this Project.

Any person aggrieved by this action of the Water Board may petition the State Water Resources Control Board (State Water Board) to reconsider this WQC in accordance with Water Code section 13320 and California Code of Regulations (CCR), title 23, sections 2050 and 3867. The State Water Board must receive the petition within thirty

(30) days after the date of this WQC, by 5:00 p.m. on the thirtieth day except if the thirtieth day following the date of this WQC falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00 p.m. on the next business day. Copies of the law and regulations applicable to filing petitions may be found on the Internet at the Water Quality Petitions page:

(http://www.waterboards.ca.gov/public _notices/petitions/water_quality/) or will be provided upon request.

PROJECT INFORMATION

Project details are listed in the following tables.

6982AF24B000019 Amendment A001 APPENDIX D - 401 Permit http://www.waterboards.ca.gov/public_notices/petitions/water_quality

Nathan Allen - 2 - September 5, 2024

General Project Information Category Data

Applicant Federal Highway Administration Agent Nathan Allen Project Name Salt Creek Boardwalk Replacement Project

Project Purpose and Description

The purpose of this Project is to restore the area surrounding Salt Creek that was destroyed during a flashflood in 2022. The work includes restoring a 0.5-mile boardwalk, damaged access road, parking lot, and facilities (Enclosure 1). Temporary impacts to waters will result from temporary crossings using culverts.

Permanent impacts to waters will result from permanent fill used to restore the boardwalk.

Project Type Transportation, Roads, and Highways Project Address or other Locating Information

The Project is located in Death Valley National Park in Inyo County, California.

Project Location Latitude/Longitude

Latitude: 36.590970 Longitude: -116.989335 (Center)

Hydrologic Unit(s) Amargosa Hydrologic Unit (609.00), Death Valley Hydrologic Area (609.10)

Total Project Size 5.67 acres Receiving Water(s) Name

Salt Creek

Water Body Type(s)

Perennial stream

Beneficial Uses MUN, GWR, REC-1, REC-2, WAR, SAL, WILD, BIOL, RARE, SPWN

Potential Water Quality Impacts

Hydrogeomorphic changes in the flow regime on the Project site may result in downstream erosion, sedimentation, and/or siltation.

Federal Permit(s)

The Applicant has applied for U.S. Army Corps of Engineers (USACE) authorization to proceed under Nationwide Permit 45 (Repair of Uplands Damaged by Discrete Events), pursuant to CWA section 404.

Non- Compensatory Mitigation

During construction, the Applicant will follow Best Management Practices (BMPs) including construction storm water controls designed to minimize the short-term degradation of water quality.

All temporary impacts will be restored to pre-Project conditions.

Compensatory Mitigation

None required.

Application Fee Non-Billable Federal Facility Fees Received $0 Estimated Annual Fee1

$0

1 The actual Annual Fee will be calculated using the fee schedule in effect at the time the annual fee is assessed per California Code of Regulations, Title 23, section 2200(a)(3).

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Nathan Allen - 3 - September 5, 2024

Impacts of Fill and Excavation to Waters of the State

CEQA COMPLIANCE

The Water Board finds this Project to be categorically exempt from California Environmental Quality Act (CEQA), pursuant to CCR, title 14, section 15301, Existing Facilities, for the repair, maintenance, and minor alteration of an existing facility with little or no expansion of use. A Notice of Exemption (Enclosure 3) was filed with the State Clearinghouse concurrently with issuing this WQC.

CALIFORNIA ECOATLAS

It has been determined through regional, state, and national studies that tracking of mitigation/restoration projects must be improved to better assess the performance of these projects, following monitoring periods that last several years. In addition, to effectively carry out the State’s Wetlands Conservation Policy of no net loss to wetlands, the State needs to closely track both aquatic habitat losses and mitigation/restoration project success. Therefore, the Applicant is required to provide Project information related to impacts and mitigation/restoration measures (see Additional Conditions of this WQC) to EcoAtlas using the Project Tracker website (http://ptrack.ecoatlas.org). Instructions and how to request a username and password can also be found at the Project Tracker website.

More information about the Water Board’s Clean Water Act (CWA) Section 401 requirements can be found at: (http://www.waterboards.ca.gov/lahontan/water_issues /programs/clean_water_act_401/index.shtml). More information about EcoAtlas can be found at: www.ecoatlas.org.

SECTION 401 WATER QUALITY CERTIFICATION

Authority

CWA section 401 (33 U.S.C §1341) requires that any applicant for a federal license or permit, who plans to conduct any activity that may result in discharge of dredged or fill materials to waters of the U.S., must provide the permitting agency a certification from

Water-body Type

Temporary Impacts Permanent Physical Loss of Area

Permanent Degradation of Ecological conditions

Units Acres Cubic Yards

Linear Feet

Acres Cubic Yards

Linear Feet

Acres Cubic Yards

Linear Feet

Lake Riparian Zone Stream Channel

0.44 137 753 0 0 0 0 0 0

Wetland

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Amendment A001 APPENDIX D - 401 Permit 9/17/2024 http://ptrack.ecoatlas.org/ http://www.waterboards.ca.gov/lahontan/water_issues/programs/clean_water_act_401/index.shtml http://www.ecoatlas.org/

Nathan Allen - 4 - September 5, 2024 the state that the discharge will be in compliance with applicable water quality standards of the state in which the discharge will originate. The Applicant submitted a complete application and the fees required for WQC under CWA section 401 for the Project. The Applicant has applied for USACE authorization to proceed under Nationwide Permit No.

45 (Repair of Uplands Damaged by Discrete Events), pursuant to CWA section 404.

CCR, title 23, section 3831(e) grants the Water Board Executive Officer the authority to grant or deny WQC for projects in accordance with CWA section 401. The Project qualifies for such WQC.

Standard Conditions

The following standard conditions are requirements of this WQC:

1. This WQC action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Water Code section 13330 and CCR, title 23, section 3867 through section 3869.

2. This WQC action is not intended and must not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license unless the pertinent WQC application was filed pursuant to CCR title 23, section 3855(b) and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

3. The WQC is conditioned upon total payment of the full fee required under CCR title 23, section 3833, unless otherwise stated in writing by the certifying agency.

4. Neither Project construction activities nor operation of the Project may cause a violation of the Water Quality Control Plan for the Lahontan Region (Basin Plan), may cause a condition or threatened condition of pollution or nuisance, or cause any other violation of the California Water Code (CWC).

5. The Project must be constructed and operated in accordance with that described in the WQC application and supporting documentation that was submitted to the Water Board. Deviation from the Project constitutes a violation of the conditions upon which this WQC was granted. Any significant changes to this Project that would have a significant or material effect on the findings, conclusions, or conditions of this WQC, including Project operation, must be submitted to the Executive Officer for prior review and written approval.

6. This WQC is subject to the acquisition of all local, regional, state, and federal permits and approvals as required by law. Failure to meet any conditions contained herein or any conditions contained in any other permit or approval issued by the state of California or any subdivision thereof may result in the revocation of this WQC and civil or criminal liability.

7. The Water Board may add to or modify the conditions of this WQC as appropriate to implement any new or revised water quality standards and implementation plans adopted or approved pursuant to the CWC or section 303

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Nathan Allen - 5 - September 5, 2024 of the CWA, or as appropriate to coordinate the operations of this Project with other projects where coordination of operations is reasonably necessary to achieve water quality standards or protect the beneficial uses of water.

Notwithstanding any more specific conditions in this WQC, the Project must be constructed and operated in a manner consistent with all water quality standards and implementation plans adopted or approved pursuant to the CWC or section 303 of the CWA.

8. This WQC does not authorize any act which results in the taking of a threatened or endangered species or any act which is now prohibited, or becomes prohibited in the future, under the California Endangered Species Act (Fish and Game Code sections 2050, et seq.) or the federal Endangered Species Act (16 USC sections 1531, et seq.). If a "take" will result from any act authorized under this WQC, the Applicant must obtain authorization for the take prior to construction or operation of the Project. The Applicant is responsible for meeting all applicable requirements of the Endangered Species Act for the Project authorized under this WQC.

Additional Conditions

Pursuant to CCR title 23, the following additional conditions are requirements of this

WQC:

1. Within thirty (30) days from the date of issuance of this Order for WQC, the Applicant is required to upload Project information (all information fields required by EcoAtlas), including a Project map (either using upload or draw polygon features) to the following website: http://ptrack.ecoatlas.org/. Amendments to and monitoring reports associated with the Project must be updated on EcoAtlas (using the “Files and Links” tab under “Projects” in EcoAtlas) in addition to any other reporting required as part of this WQC.

2. All excess sediment excavated from the site that is not used on-site will be removed from the site and stockpiled in an upland location so as to not be transported by wind or water into surface water. An adequate combination of sediment and erosion control BMPs must be implemented and maintained, as needed, to temporarily stabilize stockpiled soils until such time that they are reused and/or permanently stabilized.

3. To document the completion of the Project, the Applicant must submit a Project Completion Report to the Water Board within 60 days following completion of the Project, including successful completion of all required mitigation and associated monitoring and reporting, if applicable. The Project Completion Report should include the following, at minimum: (1) a summary of the Project activities including: the date(s) those activities were performed, identification of work locations, techniques used (hand tools, mechanized equipment, etc.), and activities related to construction storm water controls and the BMPs used; (2) a description of the areas of temporary and permanent disturbance to waters of the

6982AF24B000019

Amendment A001 APPENDIX D - 401 Permit 9/17/2024 http://ptrack.ecoatlas.org/ http://ptrack.ecoatlas.org/

Nathan Allen - 6 - September 5, 2024 state; and (3) a summary of any activities that deviated from those described in the original application and supporting documents.

4. This WQC does not authorize emergency repair activities. The Applicant is required to apply for separate authorization to perform emergency repairs should that be necessary.

5. Construction equipment vehicles and equipment must be monitored for leaks, and proper BMPs must be implemented should leaks be detected, or the vehicles/equipment must be removed from service, if necessary, to protect water quality.

6. Debris, cement, concrete (or wash water therefrom), oil or other petroleum products (e.g. asphalt grindings) must not be allowed to enter or be placed where they may be washed from the Project site by rainfall or runoff into waters of the state. When operations are completed, any excess material must be removed from the Project work area and any areas adjacent to the work area where such material may be transported into waters of the state.

7. The Applicant must immediately notify Water Board staff by telephone whenever an adverse condition occurs as a result of this discharge. Such a condition includes, but is not limited to, a violation of the conditions of this WQC, a significant spill of petroleum products or toxic chemicals, or damage to control facilities that would cause noncompliance. A written notification of the adverse condition must be provided to the Water Board within two weeks of occurrence.

The written notification must identify the adverse condition, describe the actions completed or necessary to remedy the condition, and specify a timetable, subject to any modifications by Water Board staff, for the remedial actions, if not already accomplished.

8. An “Annual Fee” will be assessed each year this WQC remains in “Active” status.

The actual Annual Fee will be calculated using the fee schedule in effect at the time the annual fee is assessed per California Code of Regulations, title 23, section 2200(a)(3). The Annual Fee will apply each fiscal year or portion of fiscal year until the Applicant submits a Project Completion Report (see Additional Condition No. 3 above) and Water Board staff issues a Notice of Project Complete Letter to the Applicant.

9. An emergency spill kit must always be at the Project site during the Project.

10. The Applicant must permit Water Board staff or its authorized representative upon presentation of credentials:

a. Entry onto Project premises, including all areas on which wetland fill or wetland mitigation is located or in which records are kept.

b. Access to copy any record required to be kept under the terms and conditions of this WQC.

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Nathan Allen - 7 - September 5, 2024

c. Inspection of any treatment equipment, monitoring equipment, or monitoring method required by this WQC.

d. Sampling of any discharge or surface water covered by this WQC.

11. The Applicant must prevent the introduction or spread of noxious/invasive organisms within the Project and staging areas. The control measures may include the treatment of onsite infestations, the cleaning of all equipment and gear that has been in an infested site, the use of weed-free erosion control materials (including straw), and the use of weed-free seeds and plant material for revegetation of disturbed areas.

12. The Applicant must maintain at the Project site a copy of this WQC and a copy of the complete WQC application provided to the Water Board so as to be available at all times to site operating personnel and agencies.

13. The Applicant is responsible for informing any contractors of the specific conditions contained in this WQC.

Enforcement

In the event of any violation or threatened violation of the conditions of this WQC, the violation or threatened violation must be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of CWA section 401(d), the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this WQC.

In response to a suspected violation of any condition of this WQC, the State Water Board or the Water Board may require the holder of any permit or license subject to this WQC to furnish, under penalty of perjury, any technical or monitoring report the State Water Board or Water Board deems appropriate, provided that the burden, including costs, of the reports must be a reasonable relationship to the need for the reports and the benefits to be obtained from the reports.

In response to any violation of the conditions of this WQC, the Water Board may add to or modify the conditions of this WQC as appropriate to ensure compliance.

Section 401 Water Quality Certification Requirements Granted

I hereby issue this WQC certifying that any discharge from the referenced Project will comply with the applicable provisions of CWA sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards), and with other applicable requirements of state law.

Notwithstanding any determinations by the U.S. Army Corps of Engineers or other federal agency made pursuant to 40 C.F.R. section 121.9, dischargers must comply

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Nathan Allen - 8 - September 5, 2024 with the entirety of this certification because this discharge is also regulated under State Water Board Order No. 2003-0017-DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification" which requires compliance with all conditions of this WQC. A copy of State Water Board Order No. 2003-0017-DWQ is enclosed for your reference (Enclosure 2).

Except insofar as may be modified by any preceding conditions, all WQC actions are contingent on (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the Applicant’s Project description and the terms specified in this WQC, and (b) compliance with all applicable requirements of the Basin Plan.

We look forward to working with you in your efforts to protect water quality. If you have any questions regarding this matter, please contact Cristina Sedano, Environmental Scientist, at (760) 241-6467 (cristina.sedano@waterboards.ca.gov) or Christina Guerra, Senior Engineering Geologist, at (760) 241-7333 (christina.guerra@waterboards.ca.gov).

Electronic document submittal is required. Please send all future correspondence regarding this Project to the Water Board’s email address at lahontan@waterboards.ca.gov and include your WDID No. and Project/Facility Name in the subject line.

(for) MICHAEL R. PLAZIAK, PG

EXECUTIVE OFFICER

Enclosures: (1) Impact Map

(2) SWRCB Order No. 2003-0017-DWQ

(3) Notice of Exemption cc: David Casey Balthrop, Federal Highway Administration (david.balthrop@dot.gov)

Melissa Scianni, United States Environmental Protection Agency (scianni.melissa@epa.gov)

Kerrianne Zdimal, USACE (kerrianne.l.zdimal-quarles@usace.army.mil) SWRCB, Division of Water Quality

(Stateboard401.Stateboard401@waterboards.ca.gov) Graham Meese, California Department of Fish and Wildlife

(graham.meese@wildlife.ca.gov)

6982AF24B000019

Amendment A001 APPENDIX D - 401 Permit 9/17/2024 mailto:cristina.sedano@waterboards.ca.gov mailto:christina.guerra@waterboards.ca.gov mailto:Lahontan@waterboards.ca.gov mailto:scianni.melissa@epa.gov mailto:Stateboard401.Stateboard401@waterboards.ca.gov

ENCLOSURE 1

Impact Map

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Amendment A001

ENCLOSURE 2

SWRCB Order No. 2003-0017-DWQ

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Amendment A001

STATE WATER RESOURCES CONTROL BOARD

WATER QUALITY ORDER NO. 2003 - 0017 - DWQ

STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR

DREDGED OR FILL DISCHARGES THAT HAVE RECEIVED

STATE WATER QUALITY CERTIFICATION (GENERAL WDRs)

The State Water Resources Control Board (SWRCB) finds that:

1. Discharges eligible for coverage under these General WDRs are discharges of dredged or fill material that have received State Water Quality Certification (Certification) pursuant to federal Clean Water Act (CWA) section 401.

2. Discharges of dredged or fill material are commonly associated with port development, stream channelization, utility crossing land development, transportation water resource, and flood control projects. Other activities, such as land clearing, may also involve discharges of dredged or fill materials (e.g., soil) into waters of the United States.

3. CWA section 404 establishes a permit program under which the U.S. Army Corps of Engineers (ACOE) regulates the discharge of dredged or fill material into waters of the United States.

4. CWA section 401 requires every applicant for a federal permit or license for an activity that may result in a discharge of pollutants to a water of the United States (including permits under section 404) to obtain Certification that the proposed activity will comply with State water quality standards. In California, Certifications are issued by the Regional Water Quality Control Boards (RWQCB) or for multi-Region discharges, the SWRCB, in accordance with the requirements of California Code of Regulations (CCR) section 3830 et seq. The SWRCB’s water quality regulations do not authorize the SWRCB or RWQCBs to waive certification, and therefore, these General WDRs do not apply to any discharge authorized by federal license or permit that was issued based on a determination by the issuing agency that certification has been waived. Certifications are issued by the RWQCB or SWRCB before the ACOE may issue CWA section 404 permits. Any conditions set forth in a Certification become conditions of the federal permit or license if and when it is ultimately issued.

5. Article 4, of Chapter 4 of Division 7 of the California Water Code (CWC), commencing with section 13260(a), requires that any person discharging or proposing to discharge waste, other than to a community sewer system, that could affect the quality of the waters of the State,1 file a report of waste discharge (ROWD). Pursuant to Article 4, the RWQCBs are required to prescribe waste discharge requirements (WDRs) for any proposed or existing discharge unless WDRs are waived pursuant to CWC section 13269. These General WDRs fulfill the requirements of Article 4 for proposed dredge or fill discharges to waters of the United States that are regulated under the State’s CWA section 401 authority.

1 “Waters of the State” as defined in CWC Section 13050(e)

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Amendment A001

-2-

6. These General WDRs require compliance with all conditions of Certification orders to ensure that water quality standards are met.

7. The U.S. Supreme Court decision of Solid Waste Agency of Northern Cook County v.

U.S. Army Corps of Engineers, 531 U.S. 159 (2001) (the SWANCC decision) called into question the extent to which certain “isolated” waters are subject to federal jurisdiction. The SWRCB believes that a Certification is a valid and enforceable order of the SWRCB or RWQCBs irrespective of whether the water body in question is subsequently determined not to be federally jurisdictional. Nonetheless, it is the intent of the SWRCB that all Certification conditions be incorporated into these General WDRs and enforceable hereunder even if the federal permit is subsequently deemed invalid because the water is not deemed subject to federal jurisdiction.

8. The beneficial uses for the waters of the State include, but are not limited to, domestic and municipal supply, agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation, and preservation and enhancement of fish, wildlife, and other aquatic resources.

9. Projects covered by these General WDRs shall be assessed a fee pursuant to Title 23, CCR section 3833.

10. These General WDRs are exempt from the California Environmental Quality Act (CEQA) because (a) they are not a “project” within the meaning of CEQA, since a “project” results in a direct or indirect physical change in the environment (Title 14, CCR section 15378); and

(b) the term “project” does not mean each separate governmental approval (Title 14, CCR section 15378(c)). These WDRs do not authorize any specific project. They recognize that dredge and fill discharges that need a federal license or permit must be regulated under CWA section 401 Certification, pursuant to CWA section 401 and Title 23, CCR section 3855, et seq. Certification and issuance of waste discharge requirements are overlapping regulatory processes, which are both administered by the SWRCB and RWQCBs. Each project subject to Certification requires independent compliance with CEQA and is regulated through the Certification process in the context of its specific characteristics. Any effects on the environment will therefore be as a result of the certification process, not from these General WDRs. (Title 14, CCR section 15061(b)(3)).

11. Potential dischargers and other known interested parties have been notified of the intent to adopt these General WDRs by public hearing notice.

12. All comments pertaining to the proposed discharges have been heard and considered at the November 4, 2003 SWRCB Workshop Session.

13. The RWQCBs retain discretion to impose individual or General WDRs or waivers of WDRs in lieu of these General WDRs whenever they deem it appropriate. Furthermore, these General WDRs are not intended to supersede any existing WDRs or waivers of WDRs issued by a

RWQCB.

6982AF24B000019

Amendment A001

-3-

IT IS HEREBY ORDERED that WDRs are issued to all persons proposing to discharge dredged or fill material to waters of the United States where such discharge is also subject to the water quality certification requirements of CWA section 401 of the federal Clean Water Act (Title 33 United States Code section 1341), and such certification has been issued by the applicable RWQCB or the SWRCB, unless the applicable RWQCB notifies the applicant that its discharge will be regulated through WDRs or waivers of WDRs issued by the RWQCB. In order to meet the provisions contained in Division 7 of CWC and regulations adopted thereunder, dischargers shall comply with the following:

1. Dischargers shall implement all the terms and conditions of the applicable CWA section 401 Certification issued for the discharge. This provision shall apply irrespective of whether the federal license or permit for which the Certification was obtained is subsequently deemed invalid because the water body subject to the discharge has been deemed outside of federal jurisdiction.

2. Dischargers are prohibited from discharging dredged of fill material to waters of the United States without first obtaining Certification from the applicable RWQCB or SWRCB.

CERTIFICATION

The undersigned, Clerk to the Board, does hereby certify that the foregoing is a full, true, and correct copy of an order duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 19, 2003.

AYE: Arthur G. Baggett, Jr.

Peter S. Silva Richard Katz Gary M. Carlton Nancy H. Sutley

NO: None.

ABSENT: None.

ABSTAIN: None.

6982AF24B000019

Amendment A001

ENCLOSURE 3

Notice of Exemption

6982AF24B000019

Amendment A001

Statutory Exemptions. State code number:

Print Form

Notice of Exemption Appendix E

From: (Public Agency): ____________________________To: Office of Planning and Research P.O. Box 3044, Room 113

_______________________________________________Sacramento, CA 95812-3044

County Clerk (Address)

County of: __________________

Project Title: ____________________________________________________________________________

Project Applicant: ________________________________________________________________________

Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:

Name of Public Agency Approving Project: _____________________________________________________

Name of Person or Agency Carrying Out Project: ________________________________________________

Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);

Declared Emergency (Sec. 21080(b)(3); 15269(a));

Emergency Project (Sec. 21080(b)(4); 15269(b)(c));

Reasons why project is exempt:

Lead Agency Contact Person: ____________________________ Area Code/Telephone/Extension: _______________

If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No

Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant

Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

Categorical Exemption. State type and section number: ____________________________________

______________ Title: _______________________

Revised 2011

6982AF24B000019

Amendment A001

ATTACHMENT 1

SEISMIC HAZARDS MAP

6982AF24B000019

Amendment A001

Geo-technical Memorandum Attachments

6mi

Fault along which historic (last 200 years) displacement has occurred.

Holocene fault displacement (during past 11,700 years) without historic record.

Late Quaternary fault displacement (during past 700,000 years).

Quaternary fault (age undifferentiated).

Fault Activity Map of ca/Jfornla, Accessed Online 3/13/23 Gafifomia Department of conservation

Approxltnflte Project Location

(36.59058°N, JJ6.H072° WJ

NOTTO SCALE

STATE PROJECT

CA

CA ERFO DEVA ;�::2i,· 1(2)

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

Seismic Hazards Map

(Project Vicinity)

6982AF24B000019

Amendment A001

ATTACHMENT 2

LABORATORY RESULTS

6982AF24B000019

Amendment A001

Central Federal Lands Highway Division Laboratory

US.Department of Transportation

An AASHTO and ISO Accredited Laboratory 1 Denver Federal Center, Building 52

Denver, Colorado 80225

Federal Highway Administration

Report of Soil or Aggregate Tests AASHI□

Project: California ERFO NP DEVA 2022-1(2) Salt Creek Interpretive Trail

Submitted By: David Bernard

Sample Number

Sample Location

AASHTO

T 11 & T 27

Washed

Sieve

Analysis

% Passing

AASHTO T 255

AASHTO

T 89 & T 90

Soil Classi fication

AASHTO T 190

AASHTOT288

AASHTOT289

AASHTOT99

Method C

AASHTO T 290

AASHTO T 291

AASHTO T 236

Dist ribution:

Geotechnlcal

Const Ops Engineer

Project Manager Technical Services

Lab Number 23-14-S

Hole Number

Field Number Bulk-1

Station or Location Stream Bank Offset

Depth 0 -1'

4" 100.0 mm 100 3" 75.0 mm 95

2 1/2" 63.0 mm 95

2" 50.0mm 93

1 1/2" 37.5 mm 93

1" 25.0 mm 92

3/4" 19.0 mm 91

1/2" 12.5 mm 89

3/8" 9.5mm 88

#4 4.75 mm 84

#10 2.00 mm 77

#16 1.18 mm 75

#40 425 µm 67

#100 150 µm 16

#200 75 µm 6.1

Moisture,% 3.0

Liquid Limit NV

Plasticity Index NP

AASHTO M 145 A-3(0)

ASTM D 2487 SP-SM

R-Value Min . Resistivity, ohm x cm 86 pH 9.2

Optimum Moisture, % 12.3 Maximum Dry Density, pcf 113.2 Sulfate Content, mg/kg, ppm 1 ,905 Chloride Content, mg/kg, ppm 4,361

Direct Shear

Num. / Project File Devin Dixon /

David Bernard

Justin Henwood

Nate Allen Marilyn Dodson

35.6

Remarks: Due to the amount of oversized particles, the corrected AASHT0 T 99 Method C maximum Dry density is 116.4 pcf and the corrected Optimum Moisture is 11.2%.

This report was revised to include AASHT0 T 236 Direct Shear data This testing was performed by Eastern Federal Lands Highway Division.

This report was revised on 3/30/23 lo include AASHTO T 290 Su�ate Content and AASHTO T 291 Chloride Contenl dala This lesting was performed by an FHWA consultant, Weld Laboratories.

Sampling Method: Not Furnlshed EnVlronmental Condlllona: Not Furnished DIK:llllmer: CFLHO M■teriahs Lllbondory a. rNpoMlbl• for the quality of tht Mttll upon .-.celpt of th■ aampl41d mat.rt Illa.

However, CFLHD Materials Laboratory h• no control over flekl matertal .. mpllng, th8Rlfot hu no re■pon.ablllt, for any ■ampllng error, th• ■amp!■ lntegrtty, and ehlpplng method• prtt1r to �el'pt In the laboratory.

This report ■hall not be reprodui;:ed e,:eept In full, without prtor written ■pprovaJ of th■ agancy.

ACCREDITED

Revised 3/30/2023 Page 1 of 1

Revised 2/24/2023

Date Reported: 1/27/2022

Reported By:

F

Patrick Kowing I Laboratory Team Leader

Form FHWA 1702 Rev. 5/23/2022

6982AF24B000019

Amendment A001

0 5 4 7 7 10 61 6 mm

100.0

75.0

63.0

50.0

37.5 PL= NP LL= NV PI= NP

25.0

19.0

12.5 USCS (D 2487)= SP-SM AASHTO (M 145)= A-3(0)

9.5

4.75

2.00 D10= D30= D60= Cu= Cc=

1.18

0.43

0.15 Natural Water Content, %= 3.0 pH= 9.2 Min. Resistivity, ohm x cm= 86

0.08 Sulfate Content, mg/kg, ppm= Chloride Content, mg/kg, ppm=

PROJECT NUMBER: CA ERFO NP DEVA 2022-1(2) Reported by: Patrick Kowing PROJECT NAME: Salt Creek Interpretive Trail Title: CFL Laboratory Team Leader

STATION OR LOCATION: [36.5905° N -116.9909° W] Date Tested: January though March 2023

HOLE NUMBER: N/A

FIELD NUMBER: BULK-1

SAMPLE DEPTH: 0-1' ATTACHMENT: 1

0.11 0.23 0.39 3.55 1.23#10

Poorly graded sand with silt

Remarks

Percent Finer

4 100

2-1/2

6.1

#100

#200

#40

1,905 4,361

1/2

3/8

#4 inches

1-1/2

3/4

Coefficients

#16

Atterberg Limits (ASTM D 4318)

Classification

Opening Size

TEST RESULTS

Material Description

0.0010.010.11101001000

P E

R C

E N

T R

E T

A

IN

E D

B

Y W

E

IG

H T

P E

R C

E N

T P

A S

S

IN

G

B Y

W E

IG

H

T

GRAIN SIZE IN MILLIMETERS

PARTICLE SIZE DISTRIBUTION REPORT

SIEVE ANALYSIS HYDROMETER ANALYSIS

BOULDERS COBBLES

% GRAVEL

COARSE FINE

% SAND

COARSE MEDIUM FINE

% FINES

36" 24" 12" 6" 3" 1 1/2" 3/4" 3/8" #4 #16#8 #30#10 #40 #50 #100 #200

915 610 305 152 75 37.5 19 9.5 4.75 2.36 2 1.18 .6 .425 .3 .15 .075 .037 .019 .009 .005 .002 .001

1 MIN 4 MIN 19 MIN 60 MIN

7 HR-

15 MIN

25 HR-

45 MIN

TIME READINGSSIZE IN IN CHES

U.S. STANDARD SIEVE

OPENING IN INCHES

U.S. STANDARD SIEVE

NUMBERS

1"

12.5

1/2"

SILT CLAY

% +3"

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

6982AF24B000019

Amendment A001

Project: Lab Number: Date:

Plot Calculations D10: 0.102 D30: 0.22 D60: 0.4

1/20/202323-0014-SCA ERFO DEVA 2022-1(2) Sail Creek Trail

100100 98989796

0.01 0.1 1 10

To ta l P er ce nt

P as si ng

PARTICLE SIZE (mm)

#200 #40 #10 #4 3/4" 3"

SIEVE SIZES

75 μm 425 μm 2.00 mm 4.75 mm 19 mm 75 mm

Cumulative Particle - Size Plot (ASTM D 2487)

CFLHD Form ASTM D 2487 Rev. 6/2017

6982AF24B000019

Amendment A001

Project: Date:

Lab Number: Tested By:

Max. Dry Density: 113.2 12.3 T 99 C: X T 180 D:

116.4 11.2dry density 108 263892 109 522571 109 812958 110 786982 111 950816 113 136263 108 765417% moisture 2 89672544 4 90988191 6 63586728 8 40623811 10 5842765 12 6075731 14 5584726

1 2 3 4 5 6 7

5926.6 5979.5 6011.9 6057.4 6113.8 6167.1 6124.5

4244.4 4244.4 4244.4 4244.4 4244.4 4244.4 4244.4

1682.2 1735.1 1767.5 1813.0 1869.4 1922.7 1880.1

30.05 30.05 30.05 30.05 30.05 30.05 30.05

111.4 114.9 117.1 120.1 123.8 127.4 124.6

108.3 109.5 109.8 110.8 112.0 113.1 108.8

For Remarks: Amount of water from bottom of mold S=Slight M=Moderate H=Heavy Opt=Visual at Optimum 1 4 5 6 7 8 9

526.4 448.2 527.9 568.0 644.3 544.9 903.1

519.5 440.3 512.1 545.9 609.7 515.6 823.8

281.3 279.4 274.0 283.0 282.8 283.2 279.1

238.2 160.9 238.1 262.9 326.9 232.4 544.7

6.9 7.9 15.8 22.1 34.6 29.3 79.3

2.9 4.9 6.6 8.4 10.6 12.6 14.6% Moisture (m) = (k / i) x 100

Pan Number Wet Soil + Tare (f) Dry Soil + Tare (g)

Wet Soil Weight (c) = a - b Remarks

Tare Weight (h) Dry Soil Weight (i) = g - h Water Weight (k) = f - g

Optimum Moisture:

23-14-S

Wet Density (d) = c x Factor Dry Density (e) = d / (1+m/100)

1/23/2023

ME

Test Number Wet Soil + Tare (a) Mold Tare (b)

Factor (30.05 for T 99 & 13.26 for T 180)

California ERFO NP DEVA 2022-1(2) Salt Creek Interpretive Trail

Corrected Optimum MoistureCorrected Max Dry Density

2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0

D ry

D en si ty p cf

Moisture %

Worksheet for Moisture-Density Relationship

(AASHTO T 99 & T 180)

CFLHD Form T 99 & T 180 Rev. 12/8/2022

6982AF24B000019

Amendment A001

Sample E-23-0018 (CFL#23-14-S) Plots

10 15 20 25 30 35 40 45 50

Sh ea r S tr es s ( ps i)

Normal Stress (psi)

Normal vs Peak

Peak Stress (psi)

Normal stress (psi) ø = 35.6

0.00 0.02 0.04 0.06 0.08 0.10 0.12 0.14 0.16 0.18 0.20

Sh ea r S tr es s ( ps i)

Shear displacement (in)

Shear Stress Vs Shear Displacement

15 psi

30 psi

45 psi

6982AF24B000019

Amendment A001

0.505

0.510

0.515

0.520

0.525

0.530

0.100 0.150 0.200 0.250 0.300

Vo ild

R at io

Horizontal Deflection (in)

Void Ratio Vs Horizontal Displacement

15(psi)

30(psi)

45(psi)

6982AF24B000019

Amendment A0001

Additional Geotechnical Information

Death Valley National Park, Inyo County, California 92328 (36.590970, -116.989335)