Addendum 1 - ITB 2025-007 Final.pdf

CITY OF SALEM

PURCHASING DEPARTMENT

114 NORTH BROAD STREET

P.O. BOX 869

SALEM, VA 24153

PHONE (540) 375-3063 FAX (540) 375-4057

DATE: SEPTEMBER 3, 2024

ITB # 2025-007

APPERSON DRIVE BRIDGE REPLACEMENT OVER ROANOKE RIVER

DATE AND TIME BID DUE: SEPTEMBER 24, 2024 AT 3:00 P.M.

ADDENDUM # 1

This Addendum # 1, dated September 3, 2024, amends or supplements Invitation to Bid (ITB) # 2025-007 as indicated below:

I. Pre-bid Conference Agenda & Sign-in Sheets:

Please see attached pre-bid conference agenda and sign-in sheets.

II. VDOT Information:

Please see attached DBE/Civil Rights documents shared by Brianna Hatcher from VDOT at the pre-bid meeting on August 27, 2024. If you have additional questions regarding VDOT federal requirements and/or forms, please email Brianna at Brianna.Hatcher@vdot.virginia.gov

III. Pre-bid Meeting discussion topics (prior to vendor questions):

a. Cofferdam: lump sum should include cost of initial dewatering which requires qualified biologist (Roanoke logperch). Overtopping events due to river flooding, which will require qualified biologist to come back out, will be payable as change orders if necessary.

b. Contractor to demo upstream side of the bridge first. There is utility waterline phasing that will need to occur as there are two water lines on site. The downstream line will not be replaced.

c. Contractor will need to be aware of existing sanitary sewer line location.

IV. Vendor Questions:

1. Can the City of Salem provide copies of the permits and permit drawings regarding work in the Roanoke River for the temporary work bridge and cofferdams?

Yes, these are attached with this addendum.

2. Can the City of Salem provide drawings or sketches showing the location of relocated overhead utilities and also an estimated time frame for relocation?

The City is not anticipating relocating any of the overhead lines. If that changes, it will be communicated ASAP and timeframe for relocation will be shared, adjusting project timeline and milestones if necessary. Verizon has lines that cross the river. City electric lines run parallel to the road.

mailto:Brianna.Hatcher@vdot.virginia.gov

3. Traffic Signal note 1 on sheet C-4A requires the contractor to provide the design for the temporary traffic signal plan and to also allow 30 days for review. As no work can begin until the plan is approved and the signals relocated, can the time for Milestone 1 either be increased or removed from the contract?

No, Milestone 1 shall remain the same. The City does not anticipate needing 30 days for review. While the design engineer and multiple City departments will be reviewing, this should still happen within a couple weeks after received. The signal phasing plan must be approved and implemented before shutting down any lanes.

4. Does trail access need to be maintained throughout the project?

No, the City will be closing the trail.

5. What permits are the responsibility of the contractor?

A Land Disturbing Activity permit.

6. Will the sign in sheet be posted?

Yes, it is attached with this addendum.

7. What is the electrical overhead line voltage?

The voltage is 12.47 kV. It runs roughly parallel to the river. The lines crossing the river parallel to the bridge are all communications cables.

8. Are there as-builts for the existing bridge?

Yes, these are attached with this addendum.

9. Are there time of year restrictions?

Yes, Logperch restriction for instream work is 3/15-6/30. No tree removal restrictions for bats, special condition listed in permit issuance letter was later removed per email from Army Corps (included with permit attachment).

10. Does the signal phasing need to be engineered?

No, Contractor to coordinate with Electric Department.

11. Was the ArmyCorps permit part of the bid documents?

No, but it is attached with this addendum.

V. Attachments:

a. Pre-bid Conference Agenda & Sign-in Sheets

b. Civil Rights/DBE Information Sheets provided by VDOT

c. Copies of environmental permits and permit drawings regarding work in the Roanoke River for the temporary work bridge and cofferdams

d. As-builts for the existing bridge

BY SIGNING THIS DOCUMENT, THE BIDDER ACKNOWLEDGES THAT THEY HAVE RECEIVED THIS ADDENDUM # 1 AND

FULLY UNDERSTANDS THESE CHANGES.

***THE SIGNED ADDENDUM MUST BE INCLUDED IN THE BID SUBMITTAL***

BIDDER’S SIGNATURE:

COMPANY:

END OF ADDENDUM # 1 TO ITB # 2025-007

C:\Users\lmbraxton\Documents\Pre-Bid Conference - AGENDA Apperson Drive Bridge UPC 110574.docx

PRE-BID CONFERENCE

FOR

CITY OF SALEM

INVITATION TO BID #2024-033

APPERSON DRIVE BRIDGE OVER ROANOKE RIVER REPLACEMENT

FEDERAL PROJECT NO.: STP-5128 (496)

STATE PROJECT NO.: 0011-129-246, P101, B605 / UPC 110574

1. Project Description: The work of the Project generally consists of replacement and widening of existing superstructure and substructure repairs and modifications. A new greenway trail will be constructed and attached to new superstructure, connecting the existing greenway trail. All associated approach work and utility replacement is included with this project.

2. Sealed Bids will be received by City of Salem, Purchasing Department in the City Council

Chambers located at 114 North Broad Street, Salem, VA 24153 until 3:00 pm EST on September

24, 2024, at which time the Bids received will be publicly opened and read.

3. Bids will be received for a single prime Contract. Bids shall be on a unit price basis. Refer to Bid

Form. Bidder should carefully review Section 109 – Measurement and Payment.

4. Bid security is required (Article 8.01 – Instruction to Bidder).

5. Review of Civil Right Provisions (VDOT).

6. Contract Times (Article 4 – Agreement):

a. Substantial completion: 550 days (Phase 1 – 275, Phase 2 550)

b. Final completion: 580 days

c. Anticipated Award: 60 days after bid opening.

d. Liquidated Damages: Refer to Paragraph 4.03 of the Agreement (VDOT Std. 108.06).

7. All requests for clarifications of or questions regarding this Invitation to Bid must be made in writing by email to Michelle Braxton, Purchasing Manager at Imbraxton@salemva.gov

8. Bidding Timeline:

a. Submission of Questions: 3 pm on September 12, 2024.

b. Last Addendum: No later than 5:00 pm on Monday September 16, 2024.

9. Only Registered Plan holders will receive notification of Addenda.

10. Review of Scope of Work

a. Environmental

b. Signal Phasing Plan

C:\Users\lmbraxton\Documents\Pre-Bid Conference - AGENDA Apperson Drive Bridge UPC 110574.docx

Questions:

• Form C-111 & C-48 are due by No later than 10:00 am the next business day after the receipt of bids

• Form C-111— o DBE Credit for suppliers is 60% unless the supplier is also the manufacturer o DBE Credit for distributors is 40%

• The apparent low bidder must submit Form C-110 within five (5) days after bid

Opening

• Form C-112 is due within five (5) business days after the bids are received

• Form C-112 revision includes multi-tier DBE Subcontractors for participation credit

• Form C-110 is due within five (5) business days after the bids are received

• DBE Firms must be certified in the specific work listed for DBE Contract goal credit

• Form C-49 must be used to show DBE Good Faith Efforts- Due two (2) business days after bid opening

• These forms are made available on VDOT website at http://vdotforms.vdot.virginia.gov/ http://vdotforms.vdot.virginia.gov/

Search for DBE firms:

• Visit Virginia Department of Small Business Supplier Diversity website: www.sbsd.virginia.gov

• Under certification division > Click on Small Business & Supplier Diversity SWaM & DBE

Directory > The link to the directory is on this page (Pictured on the next page) http://www.sbsd.virginia.gov/

• Under the directory you can conduct your search

• Please note that SWaM certification and DBE Certification are not the same!!!

• When researching firms, ensure that the DBE has the correct NAICS code needed for the type of work

Below is a sample of a SWaM ONLY firm in the directory:

Below is a sample of a DBE firm in the directory:

Below is a sample of a DBE firm in the directory that is certified by MWAA AND SBSD recognizes the DBE certification.

DEPARTMENT OF THE ARMY

US ARMY CORPS OF ENGINEERS

NORFOLK DISTRICT

FORT NORFOLK

803 FRONT STREET

NORFOLK VA 23510-1011

March 18, 2024

Special Projects Regulatory Section NAO-2022-00564 (Roanoke River)

City of Salem, Virginia Attention: Mr. William L. Simpson, Jr. P.E.

21 South Bruffey Street Salem, VA 24153

Dear Mr. Simpson:

This is regarding your Department of the Army permit application number NAO- 2022-00564 to discharge fill to water of the U.S. (WOTUS). The proposed project is replacement of the bridge that carries Apperson Drive over the Roanoke River in the City of Salem, Virginia. The proposed work will result in temporary impacts to 189 linear feet (2,572 square feet) and permanent impacts to 37 linear feet (195 square feet) of the Roanoke River. The proposed impacts are detailed on the enclosed drawings entitled “Apperson Drive Bridge Replacement: Proposed Impacts to Nontidal Waters of the U.S.” which were provided to our office by your agent, Wetland Studies and Solutions, Inc., on February 26, 2024 (attached).

The proposed work, as outlined above, satisfies the criteria contained in the Corps Nationwide Permit (NWP) 23, attached. Certain Corps NWPs were published in the January 13, 2021, Federal Register notice (86 FR 2744) and the regulations governing their use can be found in 33 CFR 330 published in Volume 56, Number 226 of the Federal Register dated November 22, 1991.

This NWP verification is contingent upon the following project specific conditions:

SPECIAL CONDITIONS:

1. The project must adhere to the six conditions listed in the November 17, 2022, letter from USFWS to FHWA. Refer to the letter (attached) for the full text of the conditions.

2. There can be no tree removal or trimming during the active season for the Northern Long-eared Bat which is from April 1st through November 14th of any year.

3. All temporarily impacted (less than one year) streams must be restored upon completion of the proposed work.

-2-

Provided the project specific conditions (above), Regional Conditions, and the NWP General Conditions (enclosed) are met, an individual Department of the Army Permit will not be required. To assist in your compliance with NWP General Condition #30, enclosed is a "compliance certification" form, which must be signed and returned within 30 days of completion of the project, including any required compensatory mitigation.

Please be aware that a permit may be required from the Virginia Marine Resources Commission and/or your local wetlands board, and this verification may not be valid until you obtain their approval, if necessary. This authorization does not relieve your responsibility to comply with local requirements pursuant to the Chesapeake Bay Preservation Act (CBPA), nor does it supersede local government authority and responsibilities pursuant to the Act. You should contact your local government before you begin work to find out how the CBPA applies to your project.

This verification is valid until the NWP is modified, reissued, or revoked. The NWP 23 is scheduled to be modified, reissued, or revoked prior to March 14, 2026.

It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR

330.5 (c) or (d). Project specific conditions listed in this letter continue to remain in effect after the NWP verification expires unless the district engineer removes those conditions.

Activities completed under the authorization of a NWP, which was in effect at the time the activity was completed, continue to be authorized by that NWP.

In granting an authorization pursuant to this permit, we relied on the information and data provided by the permittee. If we determine that this information is false or incomplete, we may suspend or revoke, in whole or in part, this authorization and institute appropriate legal proceeding.

If you have additional questions or concerns about this permit authorization, please contact the office by telephone at (540) 986-6793 or by email at justin.summers@usace.army.mil.

Sincerely, Justin Summers

-3-

CERTIFICATE OF COMPLIANCE

WITH

ARMY CORPS OF ENGINEERS PERMIT

Permit Number: NAO-2022-00564

VMRC Number: 22-V0365

Corps Contact: Justin Summers

Permittee Name: William L. Simpson, Jr. P.E.

Date of Issuance: March 18, 2024

Permit Type: Nationwide Permit 23

Within 30 days of completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification, and return it to the following address:

US Army Corps of Engineers - Norfolk District

CENAO-WR-R

Attn: Justin Summers 803 Front Street Norfolk, VA 23510-1011

Or scan and send via email to justin.summers@usace.army.mil

Please note that your permitted activity is subject to a compliance inspection by a U.S.

Army Corps of Engineers representative. If you fail to comply with this permit, you are subject to permit suspension, modification, or revocation.

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

Signature of Permittee Date

U.S. Army Corps Of Engineers Norfolk District

Joshua L Pratt

From: Summers, Justin CIV USARMY CENAO (USA) <Justin.Summers@usace.army.mil> Sent: Friday, August 30, 2024 12:57 PM To: Will L Simpson Cc: RPack@wetlands.com; Chad M. Thomas; Richert, Suzie; Joshua L Pratt; Liszeski, Susan Subject: RE: [Ext.] NAO-2022-00564 - Apperson Drive Bridge Replacement - Permit Issuance

Mr. Simpson, I am comfortable removing the bat protection time-of-year restriction (TOYR) as a special condition for this project. This determination is based on the OSL from May 2024 that you provided as well as an updated OSL that I generated today that does not list NLEB or TCB at all. Based on coordination with coworkers, this email is sufficient to document removal of the TOYR special condition. However, if you would like for me to generate a new letter for your records I can do so.

Thanks for coordinating, enjoy your Labor Day weekend.

Respectfully, Justin Summers Environmental Scientist US Army Corps of Engineers, Norfolk District

Cell: (540) 986-6793

From: Will L Simpson <wsimpson@salemva.gov> Sent: Friday, August 30, 2024 9:34 AM To: Summers, Justin CIV USARMY CENAO (USA) <Justin.Summers@usace.army.mil> Cc: RPack@wetlands.com; Chad M. Thomas <cmthomas@matternandcraig.com>; Richert, Suzie <SRichert@wetlands.com>; Joshua L Pratt <jpratt@salemva.gov>; Liszeski, Susan <SLiszeski@wetlands.com> Subject: [Non-DoD Source] RE: [Ext.] NAO-2022-00564 - Apperson Drive Bridge Replacement - Permit Issuance

Justin, The City of Salem hosted a pre-bid meeting for the above referenced project earlier this week and the question of time of year restriction for the bats came up. A permit issuance letter from you dated March 18, 2024 lists a time of year restriction from April 1-November 14 (attached for reference). However, in discussions with the VDOT Salem Environmental staff, they referenced our updated OSL from May 2024 (attached for reference) where it stated that the NLE bat and the Tri-color bat only had to be considered if there were wind turbine operations as part of the project. Seeing that there is no suitable habitat for either species in the OSL and that there are no wind turbine operations for this project, does the time of year restriction still need to be adhered to? If not, will we need to get a new letter issued removing that condition or can we take care of that with an email?

If you would like to call and discuss this, you can reach me at (540) 375-0404.

Thank you, Will

William L. Simpson, Jr., P.E.

Assistant Director/City Engineer

21 S Bruffey St, Salem, VA 24153 Office Phone: (540) 375-3032 wsimpson@salemva.gov

From: Summers, Justin CIV USARMY CENAO (USA) <Justin.Summers@usace.army.mil> Sent: Monday, March 18, 2024 4:55 PM To: Will L Simpson <wsimpson@salemva.gov> Cc: lconner@wetlands.com; RPack@wetlands.com; Robbie Clark <RClark@wetlands.com>; Chad M. Thomas <cmthomas@matternandcraig.com> Subject: [Ext.] NAO-2022-00564 - Apperson Drive Bridge Replacement - Permit Issuance

CAUTION: This message has originated from an external source. Please use proper judgment and caution when opening attachments, clicking links or responding to this email.

Mr. Simpson, Please find attached permit documents for the above referenced project. Let me know if you have any comments, questions, or concerns. Thank you for coordinating with USACE on this project.

Respectfully, Justin Summers Environmental Scientist US Army Corps of Engineers, Norfolk District

Cell: (540) 986-6793

This e-mail message is for the sole use of the intended recipient(s) and may contain privileged and/or confidential information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Virginia Field Office 6669 Short Lane

Gloucester, VA 23061

November 17, 2022

Thomas Nelson, Jr.

Division Administrator Federal Highways Administration Virginia Division Office 400 North 8th Street Richmond, VA 23219-4825

Attn: Kevin Jones

Re: Route 11/Apperson Drive Bridge Replacement over Roanoke River, City of Salem, VA, Project Code:

2022-0043793

Dear Thomas Nelson, Jr.:

On August 22, 2022, the U.S. Fish and Wildlife Service (Service) received your August 22, 2022, letter requesting initiation of formal Section 7 consultation under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended. The referenced action involves the replacement of the existing Route 11/Apperson Drive bridge over the Roanoke River in the City of Salem, VA. Our September 29, 2022 letter stated that the federally listed endangered Roanoke logperch (Percina rex) (RLP) is likely to be adversely affected by the proposed action and that the Service had not received all of the information necessary to initiate formal consultation as outlined in the regulations governing interagency consultation (50 CFR 402.14(c)).

Following additional discussion with the Virginia Department of Transportation and City of Salem, review of a habitat assessment report (M. Pinder, Virginia Department of Wildlife Resources [VDWR], email to L. Mastro, Service, November 2, 2022), and re-review of your August 22, 2022 letter, the Service has determined that project modifications can be made that would avoid and minimize the likelihood of adverse effects. These modifications include:

1. Use a temporary work bridge(s) in place of previously proposed causeways. Construct temporary work bridge(s) using non-erodible materials to minimize the footprint of support structures placed on the riverbed and to maintain as much free river flow as possible. Do not allow heavy equipment to enter the water. Place temporary work bridge(s) in the river from uplands. Remove temporary work bridge(s) in its/their entirety upon completion of the project.

2. No instream work (e.g., installation and removal of temporary work bridge, cofferdams) March 15 – June 30 of any year.

3. Use cofferdams of a height, strength, and configuration to resist normal peak daily flows.

4. Use a containment system that prevents construction debris from entering the river.

5. Adhere to the VDWR Fish Relocation Best Practices (VDWR 2020). Should cofferdams be overtopped, within 24 hours and prior to dewatering, have a qualified biologist, holding the appropriate permits, remove any entrapped fish from the cofferdam and relocate them to the closest accessible suitable habitat in compliance with the permit and the VDWR Fish Relocation Best Practices (VDWR 2020).

6. Inspect all equipment used for leaks daily immediately prior to conducting work. Repair any leaks and clean construction vehicles thoroughly to remove any residual dirt, mud, debris, grease, motor oil, hydraulic fluid, coolant, or other hazardous substances from construction vehicles prior to their arrival in the construction/project area. Inspections, repairs, cleaning, and/or servicing will be conducted either before the vehicle, equipment, or machinery is transported to the construction/project area or at the work site within the staging area. All wash-water runoff and/or harmful materials will be appropriately controlled to prevent entry into the waterbody, including the riparian zone.

If the proposed activity is modified as described above, through changes in project design or incorporation into permit conditions, the Service believes that the project would not likely adversely affect listed species and that further consultation pursuant to Section 7 of the Endangered Species Act is not necessary. If the above project modifications are not adopted, further consultation with the Service will be necessary pursuant to 50 CFR 402.13 and 402.14.

If project plans change or portions of the proposed project were not evaluated, it is our recommendation that the changes and/or remainder of the project be submitted for our review.

If you have any questions, please contact Troy Andersen of this office at (804) 824-2428 or troy_andersen@fws.gov.

Sincerely, Cindy Schulz Field Supervisor Virginia Ecological Services cc: USACE, Norfolk, VA (Attn: Kim Prisco-Baggett)

USACE, Norfolk, VA (Attn: Robert Berg) VDOT, Salem, VA (Attn: Larry Wade) VDOT, Salem, VA (Attn: Eric Wolf) VDOT, Salem, VA (Attn: Brenda Willis) VDOT, Salem, VA (Attn: Robin Simpson) VDOT, Salem, VA (Attn: Adam Czesnowski) VDOT, Richmond, VA (Attn: Chris Swanson) VDOT, Richmond, VA (Attn: Amy Golden) VDWR, Richmond, VA (Attn: Mike Pinder) VDWR, Richmond, VA (Attn: Amy Martin) VDWR, Richmond, VA (Attn: Tamara Doucette)

Literature Cited

Virginia Department of Wildlife Resources. 2020. DGIF Fish Relocation Best Practices DGIF

Fish relocation and best practices. July, 2020. Henrico, VA.

CYNTHIA SCHULZ

2022.11.17 12:05:27 -05'00'

I. Purpose

To comply with regulatory requirements regarding protection of state Threatened or Endangered species, and to protect other sensitive fish species from harm during instream construction. Additional relocation efforts may be required if cofferdams are overtopped by high water events.

II. Permits and Certification Requirements

1. The Lead/Supervisor for a fish relocation project in any waters designated as Threatened/Endangered Species Waters due to the likely presence of a Threatened or Endangered species of fish must be authorized (certified) by: (1) successfully completing fish identification and collection techniques training approved by the Virginia Department of Wildlife Resources (), or (2) otherwise documenting competency in fish identification and collection techniques to the satisfaction of ; and (2) be authorized to lead/supervise fish relocations within Threatened/Endangered Species Waters on the applicable Threatened/Endangered Species Permit. Such authorizations and permits may be specific both with regard to fish species and to stream reaches or river basins.

2. The certified Lead/Supervisor must be present and directly supervise all fish relocation efforts in Threatened/Endangered Species Waters. The certified Lead/Supervisor also must be onsite during the cofferdam installation and dewatering process (or during enactment of other isolation procedures) to ensure these activities do not cause fish stress or injury. Non-certified assistants participating in the fish relocation project must be listed as sub-permittees on the appropriate Threatened/Endangered Species Permit.

Additional Threatened/Endangered Species Permit conditions may apply due to the likely presence of Threatened or Endangered species other than fish.

3. The Lead/Supervisor and all assistants participating in any fish relocation project in waters not designated as Threatened/Endangered Species Waters must be named as the permittee or as authorized sub-permittees on an appropriate Scientific Collection Permit.

Fish Relocation Best Practices Wildlife Information and Environmental Services

February 1, 2023

Fish caught within coffer dammed areas must be removed within 24 hours after placement of the cofferdams. If water depth within the cofferdam is too deep to remove fish, and it has been determined that partial dewatering is necessary prior to removing fish, then the pump intakes must be screened to prevent fish and aquatic biota from entering the intake. Details of the fish relocation efforts will be documented, photographed, and summarized in a final report to be submitted to for state and federally listed species, and to the US Fish and Wildlife Service (USFWS) for federally listed species. Unless otherwise authorized by and USFWS, fish relocation efforts shall not be conducted during applicable Time-of-Year Restrictions (TOYR) for any protected fish species likely to be encountered at the project site, as determined during the pre-project assessment described in step 1a below.

1. Fish collection and identification: The method(s) used may depend on the stream characteristics or conditions such as depth, flow, substrate, water clarity, and size or area of the potential impact zone. Methods are also dependent upon the target fish.

For example, schooling fish like minnows may be more susceptible to seining, while benthic species such as darters may require electroshocking to capture. At some locations, it may be necessary to use a combination of these methods to ensure that all fish have been safely removed from the coffer dammed area. Because there is no flow within a cofferdam, one inherent problem in collection is the turbid conditions once the stream bottom is disturbed. Collection efforts may need to be adjusted to account for these conditions.

a. Pre-project assessment: Prior to collection, the Environmental Lead will determine listed aquatic species that may likely be collected at the project site by accessing an authorized database. Special emphasis will be placed on Threatened or Endangered species and visually similar species.

b. Seining and dip netting: The least-lethal fish removal techniques include seining and/or dip netting. These techniques minimize potential risks of distress or injury to the fish. Seining works most effectively when there are few if any instream obstacles such as large rocks, branches, and pilings or other structures.

Seining also requires water depth greater than 1 ft. to efficiently capture fish.

One advantage of seining over other techniques is that it does not rely on seeing the fish, so seining can be conducted in turbid water. Seines come in varying lengths and mesh sizes: a 10 ft. long by 3 ft. high seine with a mesh of 1/8” mesh is sufficient for most cofferdams. In many cases, three individuals are needed to operate a seine. One individual is positioned on each end holding the brail.

Brails are maintained at a 45-degree angle on the stream bottom as the individuals move parallel to one another from one end of the coffer dammed area to the other. During this time, the bottom of the seine (lead line) is kept close to the stream bottom, while the top of the seine (float line) is maintained on the water’s surface. While the seine is being pulled, the third individual frees it of any snags and assists in lifting the seine if necessary. Upon reaching the end

III. Methods of the coffer dammed area, the lead line is lifted out of the water, ensuring that the float line is out of the water as well. Visual inspection or observation with view scopes or polarized sunglasses may be used to determine locations of fish concentrations and the effectiveness of this method. Dipnets may be used in conjunction with seine nets and, in shallow water, aquarium nets may be needed to remove fish.

c. Electroshocking: Electroshocking is most effective in clear water conditions or when obstacles prevent seining or dip netting. It is also useful on alert and active species such as smallmouth bass, which are effective at avoiding nets. The downside of electroshocking is that it is potentially dangerous for staff and target organisms. As with seining, electroshocking requires at least two individuals: one individual operates the shocker while the other dips for fish and holds the bucket. Both individuals should carry a dipnet. The shocker should be tested and controls set outside of the coffer dammed area. Shocking should occur in a sweeping motion from side-to-side, ensuring that the area in front of the shocker is covered before moving forward. Staff should keep ahead of any sediment plumes kicked up during collection. All fish should be netted and immediately transferred to clean, oxygenated water in the bucket. At no time should anyone touch the water unless they are assured the electroshocker is turned off. In the bucket, fish should quickly recover and begin swimming. If this is not the case, shocking unit controls must be adjusted and the voltage reduced. Fish numbers in the bucket must be monitored to ensure overcrowding does not occur. This is especially critical in summer when oxygen can be quickly depleted from warm water. Electrofishing will be conducted in a manner that minimizes harm to fish. The minimum effective voltage, pulse width, and pulse rates necessary to achieve the desired response (stunned fish) will be used. All efforts will be taken to ensure that fish do not come into contact with the electroshocker anode.

d. Collection effort: Efforts to capture fish within the coffer dammed area will be repeated until the surveyors are confident that all fish have been removed. This will require a minimum of three seine hauls with no fish collected. Capture or observation of any fish during a haul will precipitate three additional seine hauls (i.e., seining will continue until no fish are collected during three successive hauls). In situations where electroshocking is needed, the entire coffer dammed area should be covered with special emphasis on difficult to reach places (crevices, rocks, etc.). When electroshocking, three passes should be conducted with no additional fish collections. As with seining, three additional passes must be initiated if a fish is caught or observed. If conditions become turbid with low visibility, seining should be conducted after an initial electroshocking effort, using the above-described depletion protocols.

e. Fish Identification: All fish will be identified to species level when possible, and at least to the Family level. Photographs will be taken of each species found during the fish removal efforts. All individual fish identified as possibly representing a Threatened or Endangered species will be photographed. Total counts will be taken for all species found. Notes will be taken regarding any fish showing signs of distress, parasitism, anomalies, or injuries.

2. Fish handling and relocation: After workup, captured fish will be relocated to suitable habitat outside of the cofferdam, and away from the work area. Handling of the fish will be minimized to the greatest extent possible. Individuals handling the fish will do so with clean, wet hands that are free of chemicals and toxins such as insect repellent, sunscreen, or lotions.

If it has been determined that fish need to be relocated at least 100 meters upstream or downstream from the impact area, it may be necessary to place the fish in buckets of fresh streamwater so they can be released to suitable habitat. Fish held in the bucket will be checked often to ensure they are healthy and that water conditions are acceptable. Frequent water changes and a battery operated air pump may be necessary in certain situations. Except as stipulated below for incidentally killed fish, no individual fish will be kept or killed for scientific collection or other purposes.

Fish will be released in calm, shallow (<1 ft. deep) waters that facilitate their recovery and reorientation to river conditions. The fish will be monitored to ensure they remain upright and are able to actively swim. Any Threatened or Endangered species will be reported to within 24 hours of capture. Any Threatened or Endangered fish incidentally taken (killed) will be preserved and delivered to . Documentation of the fish removal operation will include project location, date, methods, personnel, water temperature, conductivity, flow conditions, water depth and clarity, substrate type, equipment settings, fish species, total numbers, fish condition, fish release location, and digital photographs.

Nationwide Permit 23 – Approved Categorical Exclusions Effective Date: February 25, 2022 / Expiration Date: March 14, 2026 Authorities: Sections 10 and 404

Activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another Federal agency or department where:

(a) That agency or department has determined, pursuant to the Council on Environmental Quality's implementing regulations for the National Environmental Policy Act (40 CFR part 1500 et seq.), that the activity is categorically excluded from the requirement to prepare an environmental impact statement or environmental assessment analysis, because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment; and

(b) The Office of the Chief of Engineers (Attn: CECW-CO) has concurred with that agency’s or department’s determination that the activity is categorically excluded and approved the activity for authorization under NWP 23.

The Office of the Chief of Engineers may require additional conditions, including pre-construction notification, for authorization of an agency’s categorical exclusions under this NWP.

Notification: Certain categorical exclusions approved for authorization under this NWP require the permittee to submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 32). The activities that require pre-construction notification are listed in the appropriate Regulatory Guidance Letter(s).

Note: The agency or department may submit an application for an activity believed to be categorically excluded to the Office of the Chief of Engineers (Attn: CECW-CO). Prior to approval for authorization under this NWP of any agency's activity, the Office of the Chief of Engineers will solicit public comment. As of the date of issuance of this NWP, agencies with approved categorical exclusions are: the Bureau of Reclamation, Federal Highway Administration, and U.S. Coast Guard. Activities approved for authorization under this NWP as of the date of this notice are found in Corps Regulatory Guidance Letter 05-07.

Any future approved categorical exclusions will be announced in Regulatory Guidance Letters and posted on this same web site.

REGIONAL CONDITIONS:

For applicable Regional Conditions, Water Quality Certification (WQC) determination or requirements, and Coastal Zone Management Act (CZMA) consistency determinations or requirements see the Norfolk District Final Regional Conditions for the 2021 Nationwide Permits (NWPs) Applicable in Virginia (Including Northern Virginia Military Installations within Baltimore District’s Area of Responsibility) for the 41 Nationwide Permits affixed to the end of this document.

GENERAL CONDITIONS:

Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33

CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization.

1. Navigation.

(a) No activity may cause more than a minimal adverse effect on navigation.

(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee’s expense on authorized facilities in navigable waters of the United States.

(c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements.

3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.

4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.

5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.

6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).

7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.

8. Adverse Effects from Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.

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

Nationwide Permit 23 - Activities, Regional Conditions, General Conditions, and Definitions

10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements.

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

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

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

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

15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project.

16. Wild and Scenic Rivers.

(a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.

(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. Permittees shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status.

(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at:

http://www.rivers.gov/ .

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

18. Endangered Species.

(a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat unless ESA section 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR

402.02 for the definition of “effects of the action” for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding “activities that are reasonably certain to occur” and “consequences caused by the proposed action.”

(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification.

For activities where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species specific permit conditions to the NWPs.

(e) (e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre- construction notification http://www.rivers.gov/ whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required.

(g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their worldwide Web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively.

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