751-20126-GAG - Torch River BAS - DTMB Addendum 1.pdf

DTMB-0414 (Rev 12/17)

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

State Facilities Administration Design and Construction Division

CONSTRUCTION BID ADDENDUM NO. 1

This form identifies an Addendum to Bidding Documents, and incorporates interpretations or clarifications, modifications, acceptance of proposed “or equal” materials, and other information into the Bidding Documents. Addenda will be numbered by the Professional and distributed through www.michigan.gov/SIGMAVSS as an attachment.

TO:

ALL BIDDERS

DATE ISSUED

2/9/2024

PROJECT NAME

Torch River Bridge Boating Access Site

FILE NUMBER

751/20126.GAG

PROFESSIONAL

Beckett & Raeder, Inc.

PROJECT DIRECTOR

Jerry Gregorski

BID OPENING DATE:

2/14/2024

ADDENDUM ITEMS:

Pre- Bid Meeting Notes:

1. Substantial Completion Date: 119 Calendar Days from the date of Notice-to-Proceed

2. Work is expected to begin following Contract Execution in April, affording commencement of construction in early May 2024, targeting May

6, 2024.

3. The Contractor shall maintain public access to the existing boat launch from the beginning of construction through Fourth of July Weekend

2024, after which he/she may close the existing launch site, demolish it, and have full use of the project site. No work on the project shall occur over the Fourth of July Weekend 2024 (July 4-7, 2024).

Bidder Question:

Q: Who is responsible for testing if the contractor identifies odors that may indicate contamination concerns?

A: The owner will provide environmental testing services.

Q: Does the contractor have the discretion to construct and open the new boat launch in advance of the Fourth of July Weekend.

A: No, in accordance with the conditions of the contract documents “the Contractor shall maintain public access to the existing boat launch from the beginning of construction through Fourth of July Weekend 2024.” There will not be adequate time to achieve substantial completion between the commencement of construction and the Fourth of July Weekend. The new boat ramp cannot be opened until substantial completion has been achieved.

Q: What type of fence will be used on the northern border?

A: Vinyl fencing is per specification 129300 Site furnishings section 2.3 Vinyl fencing. Heights are per drawings.

Q: Which components of the Vault Toilet Structure is the Contractor responsible to Install?

A: Per note on sheet C7.5 “CONTRACTOR SHALL SUPPLY AND INSTALL VAULT AND VAULT LID IN PREPARATION FOR DNR TO SUPPLY

AND INSTALL TOILET BUILDING. CONTRACTOR SHALL COORDINATE WITH DNR INSTALLATION OF TOILET BUILDING PRIOR TO

CONTRACTOR'S INSTALLATION OF SURROUNDING CONCRETE SIDEWALK.”

Specification Revisions:

1. The DC General Conditions specification shall be revised as follows:

Add 00100:

26. PREVAILING WAGE: The Bidding Documents include either the attached Appendix V of prevailing rates of wages and fringe benefits for all classes of Construction Mechanics called for in the Bid and resulting Contract, if any, or the attached current prevailing wage determination issued by the U.S. Department of Labor, as applicable depending on the funding source(s).

http://www.michigan.gov/SIGMAVSS

Replace 00700-2.5 with the following text:

2.5 Prevailing Wages and Access to Payroll Records:

2.5.1 Prevailing Wages:

To the extent applicable, Contractor will comply with federal and state (2023 PA 10, MCL 408.1101 to 408.1126) prevailing wage requirements. Federal Prevailing Wages -The federal prevailing wage requirements in the attached Federal Provisions Addendum apply when the Davis-Bacon Act (40 USC 3141-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”) applies.

State Prevailing Wages-The following provisions of this Article 7.15 apply when 2023 PA 10 applies.

Prevailing Wage and Fringe Benefits--The rates of wages and fringe benefits to be paid to each class of Construction Mechanic by DB Entity and Subcontractors, shall not be less than the wage rates and fringe benefit rates prevailing in the locality in which the work is performed.

Nondiscrimination, Nonretaliation- Contractor or a Subcontractor shall not discharge, discipline, retaliate against, or otherwise discriminate against a Construction Mechanic, or threaten to do any of these things, because the Construction Mechanic reported or was about to report a violation or suspected violation of the act.

Construction Mechanics under this Contract are intended beneficiaries of the contractual prevailing wage, fringe benefit, and nondiscrimination nonretaliation requirements of the Contract. Any such Construction Mechanic aggrieved by failure of a contractor or subcontractor to pay prevailing wages or benefits as specified in the Contract, or by violation of section 7 of 2023 PA 10, in addition to any other remedies provided by law, may bring an action in a court of competent jurisdiction against such contractor or subcontractor for damages or injunctive relief and may be awarded reinstatement or other appropriate relief, and all damages sustained, together with actual costs and attorney fees at trial and on appeal.

Contractor and Subcontractors shall keep posted on the construction site, in a conspicuous place, a copy of all prevailing wage and fringe benefit rates prescribed in this Contract and shall keep an accurate record showing the name and occupation of and the actual wages and benefits paid to each Construction Mechanic employed by it in connection with the Contract. This record shall be available for reasonable inspection by the State.

2.5.2 Payroll: The Contractor and its Subcontractors must maintain and keep, in accordance with generally accepted accounting principles, records pertaining to the bidding, award and performance of the Work, including, but not limited to certified payroll, employment records and all data used in estimating the Contractor’s prices for the Bid, Change Order, proposal or claim. The Owner or its representative must have access to those records, must have the right to interview the Contractor’s employees and must be provided with appropriate facilities for the purpose of inspection, audit/review and copying for five years after final payment, termination, or date of final resolution of any dispute, litigation, audit exception or appeal. The payroll and other employment records of workers assigned to the site must contain the name and address of each worker, correct wage classification, rate of pay, daily and weekly number of hours worked, deduction made, and actual wages paid. The Contractor must maintain records that show: (a) the anticipated costs or actual costs incurred in providing such benefits, (b) that commitment to provide such benefits is enforceable, and (c) that the plan or program is financially responsible and has been communicated in writing to the workers affected.

Delete 00800 STATE-FUNDED PROJECT PREVAILING WAGE REQUIREMENTS #1 & #2.

2. Specification 32 92 01 - NATIVE GRASS AND FORB SEEDING shall be revised as highlighted in the attached reissue of the specification.

Other Issues:

1. During the Fourth of July Weekend 2024 (July 4-7, 2024), the Contractor shall provide for the overflow lot available to be available to first responders for the purpose of staging emergency vehicles.

Attachments:

1. Pre-Bid Meeting Agenda

2. Pre-Bid Meeting Attendance Record

3. Addendum to Specifications Section 329101

4. EGLE Permit for Inland Lakes & Streams (for information only)

5. DTMB SESC Approval (for information only, contractor to pull permit)

6. Antrim County Health Department Permit for Vault Toilet (for information only)

End of Pre-Bid Addendum No. 1

ACKNOWLEDGEMENT: This Addendum must be acknowledged by the Bidder in the space provided in the Bid Summary and Bid Form. Failing to acknowledge Addenda may be cause for the Bid to be rejected. Addenda will become part of the Contract Documents.

PROFESSIONAL: Christopher G. DeGood, PE, Beckett & Raeder, Inc. DATE: 2/8/2024

APPROVED BY:

PROJECT DIRECTOR: DATE: 2/8/2024

Attachment #1

Pre-Bid Agenda 751/20126.GAG

Pre-Bid Meeting Agenda Department of Natural Resources / Parks & Recreation Div.

Torch River Bridge Boating Access Site Development 751/20126.GAG January 30, 2024, at 2:00 pm

1. Introductions:

Jerry Gregorski – DTMB / Design and Construction Division / Project Director Ken Dao – DTMB / Design and Construction Division / Field Rep Kasey Cline – DNR PRD District Supervisor Stephanie Rosinski – DNR PRD Park Supervisor Christy Summers – Beckett & Raeder Lauren DeSilva – Beckett & Raeder

2. This is a Mandatory Pre-Bid Meeting; you should confirm your attendance is recorded to ensure your bid is considered.

3. Scope of Work:

Provide all equipment, materials, and labor to complete the boating access site development, including: Soil erosion and sedimentation control; saw cutting;

pavement demolition; clearing; sea wall removal; dredging and spoils removal; boat launch removal and replacement; stone revetment; concrete sidewalk; concrete curb and gutter, HMA pavement; vault toilet installation; gravel parking lot refresh; unit retaining wall; fencing; tree plantings; and site restoration.

4. Bids are due Wednesday, February 14, 2024, at 2:00 PM Local Time via electronic submission through the SIGMA VSS website at:

https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService

Please package your bid submittal into a single PDF document, or at least as few separate documents as possible, per the 6.0 MB maximum file size limitation.

This will facilitate the bids processing and minimize chances of errors

If you experience issues or have questions regarding your electronic submission, bidders must contact the SIGMA Help Desk for assistance. Bidders can contact the Help Desk by calling 888-734-9749 or emailing sigma-procurement-helpdesk@michigan.gov or sigma-vendor@michigan.gov

Please notify the Office of Design and Construction (DCD) if you are having SIGMA VSS issues. Include your SIGMA ticket number in an email to our contract specialists, Anne Watros (watrosa@michigan.gov) and Don Klein (kleind4@michigan.gov). You may be asked to email your bid package. Emailed submissions require DCD approval and will be handled on a case-by-case basis.

Approved emailed submissions MUST be received prior to the 2:00 p.m. deadline to be considered responsive and responsible.

5. Bids must be submitted on the Bid Summary form enclosed within the Project Manual. The bid must also include forms within the Project Manual including:

• Qualified Disabled Veteran (QDV) Business Representation

• Certification of a Michigan Based Business

• Responsibility Certification

• Bid Schedule (include Schedule of Alternates)

• Schedule of Change Order Prices

• Bid Security in the amount of 5% of the Base Bid Price,

• Performance and Payment Bonds (To be submitted by Successful

Contractor)

6. A Performance Bond and a Payment Bond is required for bids in excess of $50,000.00. A five percent (5%) Bid Bond is required with your all bid submittals.

7. Time of Completion and Liquidated Damages: Work of all trades as specified in the Contract Documents must be completed in 119 calendar days from the date of Notice-to-Proceed. Work is expected to begin following Contract Execution in April, affording commencement of construction in early May 2024, targeting May 6, 2024. Once work begins, it shall be carried out without delay, targeting substantial completion on or before September 2, 2024, and final completion two

(2) weeks later, targeting September 16, 2024. The Contractor shall maintain public access to the existing boat launch from the beginning of construction through Fourth of July Weekend 2024, after which he/she may close the existing launch site, demolish it, and have full use of the project site. No work on the project shall occur over the Fourth of July Weekend 2024 (July 4-7, 2024). This Contract Time is of the essence and liquidated damages for each Calendar Day that expires after the Substantial Completion and Final Completion of the entire Work must be in the amount of $400/day. (See Paragraph 23 of Section 00100).

8. A 10% preference will be given in the award of this project to Qualified Disabled

Veteran Owned Companies in accordance with Public Act 22 of 2010 (See Paragraph 22 of Section 00100). To be considered, a bidder must include with their bid a DD214 Proof of Service and Discharge, a Veterans Administration Rating decision letter, proof of disability (if the disability is not included on the DD

214) and appropriate legal documents setting forth the 51% natural persons QDV Ownership.

9. Progress payments will be processed not more than once per month.

10. Award of Contract: Awarded to the responsive and responsible best value bidder as recommended by Beckett & Raeder Inc. (Paragraph 22 of Section 00100).

11. At least 50% of all working employees must be Michigan residents.

12. Prevailing Wage Rates: Are Required for this project. See Specification.

13. Superintendent of the project shall have the authority of the construction company to make on site decisions. On site presence is required whenever work is occurring even if it is a sub-contractor (See Section 00700 General Conditions

– Paragraph 2.3).

14. Site Walk-Through and Bidder Questions: A site walk-through will take place after this meeting. If you have questions concerning bid submittal or terms and conditions of the contract agreement, please submit them by Monday, February 5, 2024, at 5:00 p.m. in writing by e-mail to:

Lauren DeSilva / Project Manager Beckett & Raeder, Inc.

535 W. William, Ste 101, Ann Arbor, MI o: 734.663.2622 ldesilva@bria2.com

Attachment #2

Attachment #3

Michigan Department of Natural Resources File No. 751/20126.GAG Torch River Bridge Boating Access Site Issued for: Addendum No. 1 February 9, 2024

NATIVE GRASS AND FORB SEEDING 329201- 1

SECTION 32 92 01 - NATIVE GRASS AND FORB SEEDING

PART 1. GENERAL

1.1 Summary

A. Section Includes:

1. Dry Meadow Lawn.

2. Wet Meadow Lawn.

1.2 Description

A. Provide seeded native grasses and wildflowers as shown and specified. The work includes:

1. Control of invasive plants

a. Soil preparation and fine grading

b. Seeding native grasses and wildflowers

c. Control of weed after initial seeding

d. Maintenance and warranty

1.2 Related Work

A. Section 32 91 13 – Soil Preparation

B. Section 32 92 00 – Turf and Grasses

C. Section 32 93 00 – Plants

1.3 Submittals

A. Submit contractor resume of similar work completed within the last five years. The contractor will prove experience with the establishment of native grasses and forbs, as well as maintenance required after installation, for at least five years. Provide locations and pictures of projects completed. Pre-qualified contractors include:

1. Michigan Wildflower Farm, Portland, MI 517.647.6010

2. Native Connections, Constantine, MI 269.580.4765

B. Submit seed vendor’s certification for required seed mixture, indicating percentage by weight of purity, germination, dormant seed, and weed seed for each grass and forb specie. Dormant seed will not be higher than 35%.

C. Provide type of herbicide being used for approval by Landscape Architect/ Engineer. The applicator will be pesticide certified as a handler for the herbicide used.

1.4 Delivery, Storage and Handling

A. Deliver seed in original unopened containers, showing weight, analysis and name of manufacturer. Store in a manner to prevent moisture, mold, and excessive heating.

1.5 Project Conditions

NATIVE GRASS AND FORB SEEDING 329201- 2

A. Work notification: Notify the Landscape Architect/Engineer at least 7 working days prior to the start of removing invasive plant material and seeding operations.

B. Protect existing utilities, paving and other facilities from damage caused by seeding operations.

C. Perform seeding work only after all other planting, irrigation system installation and other work affecting ground surface has been completed.

D. Restrict traffic from lawn areas until grass is established. Erect signs and barriers as required.

1.5 Warranty

A. This Contractor will provide full coverage of grasses and forbs and will re-seed / re-plug and provide weed control as required for two full growing seasons until approved by the Landscape Architect and Owner.

PART 2. PRODUCTS

2.1 Materials

A. Grass and wildflower seed: Will be fresh, clean and new crop seed mixture. All species of grasses and forbs will be Michigan genotypes seed. If Michigan genotype is not available, Great Lakes Basin seed sources will be used.

Seed tags must be made available for approval prior to planting. All seed weights used will be PLS (Pure Live Seed).

1. Mix by approved method

2. Composed of the following varieties, by weight and tested to minimum percentages of purity and germination. Noxious weed seed free.

DRY MEADOW SEED MIX

Type Rate (oz per acre) Little Bluestem (Schizachrium scoparius) 48 ounces

Prairie Dropseed (Sporobolus heterolepis) 16 ounces Canada Wild Rye (Elymus canadensis) 24 ounces June Grass (Koeleria cristata) 3 ounces Butterfly Weed (Asclepias tuberosa) 4 ounces Lance-leaf Coreopsis (Coreopsis lanceolata) 4 ounces Purple Coneflower (Echinacea purpurea) 6 ounces Hoary Vervain (Verbena stricta) 2 ounces Black-Eyed Susan (Rudbeckia hirta) 4 ounces Roundleaf Ragwort (Senecio obovatus) 1 ounce Rough Blazingstar (Liatris aspera) 2 ounces Stiff Goldenrod (Solidago rigida) 2 ounces Showy Goldenrod (Solidago speciosa) 1 ounce Spiderwort (Tradescantia ohiensis) 2 ounces Common Milkweed (Asclepias syriacas) 3 ounce Yellow Coneflower (Ratibida pinnata) 2 ounces Beardtongue (Penstemon digitalis) 2 ounces Bergamot (Monarda fistulosa) 3 ounces Rosinweed (Silphium integrifolium) 3 ounces Prairie Dock (Silphium terebinthinaceum) 3 ounces Smooth Aster (Aster laevis) 1 ounce Golden Alexander (Zizea aurea) 3 ounces Common Oats (Avena sativa) 20 ounces Annual Rye (Lolium Multiflorum) 5 ounces

WET MEADOW SEED MIX

Type Rate (oz per 1,000 s.f.)

Big Bluestem (Andropogans gerardii) 1.5 ounces Indian Grass (Sorghastrum nutans) 1.5 ounces Switch Grass (Panicum virgatum) 0.25 ounces Virginia Wild Rye (Elymus virginicus) 1.5 ounces Joe Pye Weed (Eupatorium maculatum) 0.5 ounces

NATIVE GRASS AND FORB SEEDING 329201- 3

Boneset (Eupatorium perfoliatum) 0.5 ounces Golden Alexander (Zizea aurea) 0.25 ounces Marsh Blazingstar (Liatris spicata) 0.25 ounces White Turtlehead (Chelone glabra) 0.25 ounces Cardinal Flower (Lobelia cardinalis) 0.25 ounces Great Blue Lobelia (Lobelia siphilitica) 0.25 ounces New England Aster (Aster novae-angliae) 0.25 ounces Ironweed (Vernonia missurica) 0.25 ounces Cup Plant (Silphium perfoliatum) 0.25 ounces Blue Vervain (Verbena hastate) 0.25 ounces Swamp Milkweed (Asclepias incarnata) 0.5 ounces Culver’s Root (Veronicastrum virginicum) 0.25 ounces

For the Wet Meadow, plants noted below shall supplement the seed mix indicated above, planted as plugs (2” plugs; 50 cell flat). Potential source: Pinelands Nursery & Supply, Columbus, NJ.

Plant per grower’s recommendations, at the following rates to achieve a 50% seed / 50% plug mix:

WET MEADOW PLUG MIX

Type Plants (per 1,000 s.f.)

Joe Pye Weed (Eupatorium maculatum) 7 Marsh Blazingstar (Liatris spicata) 25 Cardinal Flower (Lobelia cardinalis) 25 New England Aster (Aster novae-angliae) 12 Swamp Milkweed (Asclepias incarnata) 12

Note that in areas where Plateau herbicide will be used for weed control, seeding delays of at least 60 days will occur for some species. Verify before seeding.

3. Fertilizer will not be used.

4. Straw mulch will not be used.

5. Compost: Will be leaf compost from a local approved source, a City or County recycling program.

Compost will be free of weed seed and free of seed germination inhibitors like ‘Preen’ herbicide.

PART 3. EXECUTION

3.1 Inspection

A. Examine finish surfaces, grades, soil tests and topsoil depth. Do not start seeding work until unsatisfactory conditions are corrected. Landscape Architect/ Engineer must approve finish surfaces, grades and depth. Remove any silt fencing from earlier operations.

3.2 Weed and Invasive Plant Control

A. As soon as site is available spray undisturbed woodland seeding areas with Roundup or another approved herbicide. Wait two weeks until seeding preparation is started. The intent is to kill all unwanted weeds like knapweed in the area before the area is tilled and finegraded.

B. In Wet Meadow and Dry Meadow seeded areas spray ‘Roundup’ as well. These areas have been rough graded and will be spread with a minimum of 4” topsoil from the site stockpile.

3.3 Soil Preparation

A. Limit preparation of seeded areas which will be immediately seeded. Till the existing wood land seeding area to a depth of 4” and remove stones over 1” in any dimension and sticks, roots, rubbish and extraneous matter. Fine grade area until friable and loose.

B. In Meadow areas, fine grade as per the lawn seeding specifications.

C. Apply soil amendments, if required by the soil test report at rate determined to adjust pH to not less than 5.5 nor more than 6.5. Distribute evenly by machine and incorporate thoroughly into the topsoil.

NATIVE GRASS AND FORB SEEDING 329201- 4

D. In all Wildflower and Native Grass seeded areas apply and till in 2” of compost.

3.4 Installation

A. Seeding: Seed immediately after preparation of bed.

B. Seed indicated areas. Perform seeding operations when the soil is dry and when winds do not exceed 5 miles per hour velocity.

C. Drill grass seed with approved equipment, no deeper than ½ inch. Forbs shall be broadcast by hand and raked to incorporate seed into top 1/8” of soil then rolled or cultipacked until firm. Install seed evenly by sowing equal quantities in two directions, at right angles to each other.

D. Sow seed at rate indicated per 1,000 sq.ft. and make sure not to sow any seeds that may by effected by Roundup or other herbicides.

E. Provide full coverage of grasses and forbs.

3.5 Maintenance

A. Re-seed and provide weed control for any areas that are not establishing for two full growing seasons until approved by Landscape Architect / Engineer.

B. Cut all areas once in late fall and once in spring as directed during the two year maintenance period.

C. Warranty is for two years after initial acceptance with the project being reviewed for final acceptance the fall following the two-year warranty period. Mowing, herbicide application or a combination of both may be necessary for weed control and will be accomplished as required. The Contractor will notify the Owner of the methods of maintenance that will be employed in advance of maintenance visits.

3.6 Cleaning

A. Perform cleaning during installation of work and upon completion of the work. Remove from the site all excess materials debris and equipment. Repair damage resulting from seeding operation.

END OF SECTION

Attachment #4

This notice must be displayed at the site of work.

Laminating this notice or utilizing sheet protectors is recommended.

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

NOTICE OF AUTHORIZATION

Permit Number: WRP038172 v. 1 Issued: July 19, 2023 Site Name: 05-Torch River Bridge DNR BAS-Rapid City Expires: July 19, 2028

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

Part 301, Inland Lakes and Streams.

Authorized activity:

Remove an existing concrete jetty, approximately 6.7 feet wide by 68.6 linear feet long and 2.5 feet deep;

remove an existing concrete sidewalk at the ordinary high water mark (OHWM), approximately 4 feet wide by 58 linear feet long and 2 feet deep; remove the existing boat ramp, approximately 10.5 feet wide by 18 feet long and .7 feet deep. Dredge approximately 114 cubic yards of material from Torch Lake bottomlands from an area approximately 44 feet long and 41 feet wide, to an approximate depth of 1.7 feet. All spoils and debris to be deposited in an upland, non-wetland, non-floodplain area. A cofferdam with a perimeter of approximately 213 linear feet may be constructed to facilitate the removal of the concrete jetty and the installation of the new boat ramp, with an approximate dewatering area of 76 feet by 76 feet. The cofferdam shall be removed in its entirety after completion of work.

Install two (2) stormwater outlets at and below the OHWM, totaling 15.5 square feet, and stabilized with approximately 1 cubic yard of rock riprap each, extending no further than 5 feet lakeward of the OHWM;

discharge approximately 17 cubic yards of rock riprap along 58 linear feet of shoreline, at a 1-on-2 slope or gentler; install a new 46-foot-wide by 60-foot-long boat ramp consisting of 30 pre-cast 18-foot-long by 4-foot-wide concrete planks, 66 cubic yards of #4 stone gravel base, 23 cubic yards of riprap protection along the sides, and a 41-foot-long by 1.5 foot high rubber prop-wash deflector at the bottom of the ramp; discharge approximately 23 cubic yards of clean soil to a 480 square foot area along the Torch Lake shoreline, approximately 80 feet long, with a maximum 8-foot width lakeward of the OHWM. Fill area to be graded to a 1-on-3 slope with an 80-foot-long temporary wave break consisting of staked coir log to facilitate vegetation establishment and stabilization of the shoreline. Discharge approximately 5 cubic yards of gravel and soil fill to a 160 square foot area, measuring 20 feet wide and 8 feet lakeward of the OHWM, for the establishment of a walk-in kayak launch.

All work to be completed in accordance with the attached approved plans and the specifications of this permit.

Waterbody Affected: Torch Lake Property Location: Antrim County, Milton Township, Town/Range/Section 28N08W06

Permittee:

Michigan Department of Natural Resources Parks and Recreation Division Keri Kent 525 W. Allegan St. Gaylord District Office Lansing, MI 48933 Water Resources Division

989-619-2443

EGLE

WRP038172 v1.0

Approved Issued On:07/19/2023

Expires On:07/19/2028

MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

WATER RESOURCES DIVISION

PERMIT

Issued To:

Michigan Department of Natural Resources Parks and Recreation Division c/o Matt Lincoln 525 W. Allegan St.

Lansing, MI 48933

Permit No: WRP038172 v.1 Submission No.: HPP-1N6X-5N5WE Site Name: 05-Torch River Bridge DNR BAS-Rapid City Issued: July 19, 2023 Expires: July 19, 2028

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

Part 301, Inland Lakes and Streams

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

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

Authorized Activity:

Remove an existing concrete jetty, approximately 6.7 feet wide by 68.6 linear feet long and 2.5 feet deep; remove an existing concrete sidewalk at the ordinary high water mark (OHWM), approximately 4 feet wide by 58 linear feet long and 2 feet deep; remove the existing boat ramp, approximately 10.5 feet wide by 18 feet long and .7 feet deep. Dredge approximately 114 cubic yards of material from Torch Lake bottomlands from an area approximately 44 feet long and 41 feet wide, to an approximate depth of 1.7 feet. All spoils and debris to be deposited in an upland, non-wetland, non-floodplain area. A cofferdam with a perimeter of approximately 213 linear feet may be constructed to facilitate the removal of the concrete jetty and the installation of the new boat ramp, with an approximate dewatering area of 76 feet by 76 feet. The cofferdam shall be removed in its entirety after completion of work.

EGLE

WRP038172 v1.0

Approved

MDNR, Parks and Recreation Division 2 WRP038172 v.1

Install two (2) stormwater outlets at and below the OHWM, totaling 15.5 square feet, and stabilized with approximately 1 cubic yard of rock riprap each, extending no further than 5 feet lakeward of the OHWM; discharge approximately 17 cubic yards of rock riprap along 58 linear feet of shoreline, at a 1-on-2 slope or gentler; install a new 46-foot-wide by 60-foot-long boat ramp consisting of 30 pre-cast 18-foot-long by 4-foot-wide concrete planks, 66 cubic yards of #4 stone gravel base, 23 cubic yards of riprap protection along the sides, and a 41-foot-long by 1.5 foot high rubber prop-wash deflector at the bottom of the ramp; discharge approximately 23 cubic yards of clean soil to a 480 square foot area along the Torch Lake shoreline, approximately 80 feet long, with a maximum 8-foot width lakeward of the OHWM. Fill area to be graded to a 1-on-3 slope with an 80-foot-long temporary wave break consisting of staked coir log to facilitate vegetation establishment and stabilization of the shoreline. Discharge approximately 5 cubic yards of gravel and soil fill to a 160 square foot area, measuring 20 feet wide and 8 feet lakeward of the OHWM, for the establishment of a walk-in kayak launch.

All work to be completed in accordance with the attached approved plans and the specifications of this permit.

Waterbody Affected: Torch Lake Property Location: Antrim County, Milton Township, Town/Range/Section 28N08W06

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

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

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

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

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

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

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

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

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

I. Permittee shall notify EGLE within one week after the completion of the activity authorized by this permit by completing and forwarding the attached preaddressed postcard to the office addressed thereon.

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

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

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

EGLE

WRP038172 v1.0

Approved

MDNR, Parks and Recreation Division 3 WRP038172 v.1

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

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

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

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

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

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

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

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

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

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

EGLE

WRP038172 v1.0

Approved

MDNR, Parks and Recreation Division 4 WRP038172 v.1

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

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

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

1. Authority granted by this permit does not waive permit or program requirements under Part 91 of the NREPA or the need to acquire applicable permits from the Antrim Conservation District- CEA. Visit https://www.antrimcd.com/soil-erosion.html or contact Kyle Williams at 231-533-8363.

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

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

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

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

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

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

8. Prior to the initiation of any permitted construction activities, a sedimentation barrier shall be constructed immediately down gradient of the construction site. Sedimentation barriers shall be specifically designed to handle the sediment type, load, water depth, and flow conditions of each construction site throughout the anticipated time of construction and unstable site conditions. The sedimentation barrier shall be maintained in good working order throughout the duration of the project. Upon project completion, the accumulated materials shall be removed and disposed of at an upland (non-wetland, non-floodplain) site and stabilized with seed and mulch. The sedimentation barrier shall then be removed in its entirety and the area restored to its original configuration and cover.

EGLE

WRP038172 v1.0

Approved

MDNR, Parks and Recreation Division 5 WRP038172 v.1

9. Prior to the removal of the existing structures, cofferdams of steel sheet piling, gravel bags, clean stone, coarse aggregate, concrete, or other acceptable barriers may be installed to isolate all construction activity from the water. The barriers shall be maintained in good working order throughout the duration of the project. Upon project completion, the accumulated materials shall be removed and disposed of at an upland site. All cofferdam and temporary steel sheet pile shall then be removed in its entirety.

10.All slurry resulting from any dewatering operation shall be discharged through a filter bag or pumped to a sump located away from wetlands and surface waters and allowed to filter through natural upland vegetation, gravel filters, or other engineered devices for a sufficient distance and/or period of time necessary to remove sediment or suspended particles. The discharge of slurry water resulting from the hydrodemolition of concrete is not allowed to enter a lake, stream, or wetland.

11.All construction equipment expected to enter the water (i.e., mechanical excavator) will be cleaned beforehand, and be free of all organic material and any un-contained petroleum products (fuel, engine oil, hydraulic oil, etc.). Corrections or repairs will be made if necessary.

Construction equipment will not enter the water unless in good working order.

12. In the event of a leak or spill of hydrocarbon fluids (fuel, engine oil, hydraulic oil, grease, etc.), contractor will deploy the containment boom immediately, and use the absorbent pads to stabilize or clean up as much of the spilled fluids as possible, as close as possible to the time of rupture or spillage. Contractor will immediately notify the EGLE, WRD (call 989-619-2443, 8am-4:30pm weekdays, or 800-292-4706 Emergency).

13.Construction equipment, when required to work in the water, will operate as close to shore as possible, at all times and as conditions allow, and/or in the shallowest water possible.

14.All dredge/excavated spoils including organic and inorganic soils, vegetation, and other material removed shall be placed on upland (non-wetland, non-floodplain or non-bottomland), prepared for stabilization, and stabilized with sod and/or seed and mulch in such a manner to prevent and ensure against erosion of any material into any waterbody, wetland, or floodplain.

15.During removal or repair of the existing structure, every precaution shall be taken to prevent debris from entering any watercourse. Any debris reaching the watercourse during the removal and/or reconstruction of the structure shall be immediately retrieved from the water.

All material shall be disposed of in an acceptable manner consistent with local, state, and federal regulations.

16.The permittee is cautioned that excessive dredging resulting in the impairment of the structural integrity of seawalls on neighboring riparian properties is subject to civil damage litigation.

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

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

EGLE

WRP038172 v1.0

Approved

MDNR, Parks and Recreation Division 6 WRP038172 v.1

19.Riprap shall be of appropriate weight and dimension necessary to achieve the intended shore protection. Riprap shall be placed mechanically or by hand. Filter fabric may be used under riprap to prevent loss.

20.Rock shall not be greater than 18 inches in diameter.

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

22.The riprap shall be placed at a 1-on-2 slope (e.g., 1-foot vertical to 2 feet horizontal) or gentler.

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

24.All raw earth within 100 feet of a lake, stream, or wetland that is not brought to final stabilization by the end of the active growing season shall be temporarily stabilized with mulch blankets in accordance with the following dates: September 20th for the Upper Peninsula, October 1st for the Lower Peninsula north of US-10, and October 10th for the Lower Peninsula south of US-10.

25. If no shoreline protection is existing on the adjacent property(ies), the ends of the riprap must be tapered landward at a 45-degree angle to the property line. If shoreline protection is present on the adjacent property(ies), the ends of the structure shall blend with the adjacent structure without creating right angles.

26.This permit does not authorize the creation of a vertical stacked rock seawall.

27.All natural and engineered stabilization materials shall be firmly staked and otherwise secured using biodegradable materials to prevent movement due to wind, waves, high water, or ice.

Vegetation, including plantings and other potentially viable material such as live stakes, brush bundles, or other gathered woody material, shall be comprised only of plant species native to Michigan according to the Floristic Quality Assessment for the State of Michigan and appropriate to the site. Engineered plant material such as jute and coconut fabric, shall be comprised of inert plant fiber that may be nonnative.

28.Only materials that are part of the finished project may remain within the waters of Torch Lake.

All extraneous debris, materials, and by-products of construction must be removed from the waters of Torch Lake upon the completion of the project.

29.The permittee acknowledges that the dredged material has not been classified as to contaminant status. Disposal of the dredged sediments shall be to uplands. If the dredged sediments are determined to be contaminated at a future date, permittee and dredge sediments disposal location landowner are considered potentially responsible parties and remain liable for any and all necessary site restoration and clean up under Part 115, Solid Waste Management, and Part 201, Environmental Remediation, of the NREPA. If the

EGLE

WRP038172 v1.0

Approved

EGLE

WRP038172 v1.0

Approved

Torch River Bridge Boating Access Site Date Issued: 02.17.2023

Joint Permit Application - Revision 2

Location Maps

NTS

535 West William, Suite 101

Planning, Engineering and Landscape Architecture

Beckett & Raeder, Inc.

Ann Arbor, MI 48103

663.2622 663.6759 ph fx

Beckett&Raeder RB i

Submittals

Environmental Services

Overall Vicinity Map Site Plan Vicinity Map

12.09.2022 Joint Permit Application

01.18.2023 Joint Permit Application - Revision 1

02.17.2023 Joint Permit Application - Revision 2

File Number: 751/20126.GAG Index Number: 2500 Milton Township, MI 49676

Permits Required SESC Permit - DNR/BRI & Contractor EGLE Permit- DNR/BRI USACE Permit-DNR/BRI Health Department of Northwest Michigan - DNR/BRI

Milton Township - Contractor to provide written Notification of Project Commencement to Milton Township a minimum of 5 business days before start of work.

PROJECT

SITE

Cherry Ave. (593)

Landscape Architect / Engineer

Agency and Project Director

Contacts Christy Summers 734.663.2622 csummers@bria2.com

Project Site Location 12565 SW Torch Lake Drive, Milton Township (Rapid City), MI 49676

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

STATE OF MICHIGAN

ADAM P. LACH, RA, DIRECTOR

STATE FACILITIES ADMINISTRATION

DESIGN AND CONSTRUCTION DIVISION

Torch Lake

Elk Lake

Lake Skegemog

Rapid City

Cryst al Beach Rd NW

Ra pi d C ity R d N

W

Valley Rd NW

Aarwood Rd NW

Aarwood Rd NW

Plum Valley RdMiller Rd

SW

T or ch

L ak e D r

C hi pp ew a Tr ai l

W Torch River Rd

Torch River

Torch Lake

Torch River

Cryst al Beach Rd NW

SW

Torch Lake D r

W Torch River Rd

Cherry Ave. (5

93)

Shellw ay D r N W

To rc h Br id ge

C t

PROJECT

SITE Surveyor

SHEET INDEX

Sheet Number Sheet Title

-- TORCHBOAT_C0.0_COVER - 22x34 C1.0 Existing Conditions Plan C2.0 Soil Erosion & Sediment Control Plan C3.0 Demolition Plan C4.0 Layout & Materials Plan C5.0 Grading Plan C6.0 Utility Plan C7.0 Site Details (1) C7.1 Site Details (2) C7.2 Site Details (3) C7.3 Site Details (4) C7.4 Site Details (5) C7.5 Site Details (6) C7.6 Site Details (7) C7.7 Utility Details C7.8 EGLE PLan & Cross Sections - Inland Lake Impacts C7.9 EGLE PLan & Cross Sections - Inland Lake Impacts L1.0 Landscape Plan L2.0 Landscape Details

EGLE

WRP038172 v1.0

Approved Issued On:07/19/2023

Expires On:07/19/2028

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7164 EAGLE'S…