Attachment 1 Statement of Work_Photos_SOV.pdf

Statement of Work (SOW)

Fort Sumter Sewer and Drainfield Hardening Project

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Statement of Work

FORT SUMTER NATIONAL HISTORICAL PARK

Charleston Harbor, South Carolina

Fort Sumter Sewer and Drainfield Hardening

Project

PMIS 244268

DECEMBER 2020

NATIONAL PARK SERVICE

SOUTH ATLANTIC GULF REGION

STORM RECOVERY PROGRAM

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1. PARK INTRODUCTION

2. PROJECT INTRODUCTION AND OVERVIEW

3. REQUIRED SERVICES

4. OTHER CONTRACTOR RESPONSIBILITIES

5. GOVERNMENT FURNISHED PROPERTY, MATERIALS & SUPPLIES

6. CONSTRUCTION WORKING HOURS

7. PERIOD OF PERFORMANCE

8. CONSTRUCTION SAFETY & ENVIRONMENTAL COMPLIANCE

9. MOTOR VEHICLE, MARINE VESSEL, & TRAFFIC REGULATIONS

10. EMPLOYEE IDENTIFICATON BADGES AND PARKING

11. SUBMITTAL REQUIREMENTS LIST (POST-AWARD)

12. CONSTRUCTION MONITORING

13. ATTACHMENTS

Acronyms ASCE American Society of Civil Engineers AutoCAD Computer-aided design and drafting software application CDC Center for Disease Control and Prevention CO Contracting Officer COR Contracting Officer’s Representative COVID-19 COVID-19 Pandemic Coronavirus D50 A description of 50% of particles, the mass-medium-diameter.

EPA Environmental Protection Agency FAR Federal Acquisition Regulations FOSU Fort Sumter MHW Mean High Water MLW Mean Low Water NAVD88 The North American Vertical Datum of 1988 NOAA National Oceanic and Atmospheric Administration NPS National Park Service OSHA Occupational Safety and Health Act PM Project Manager PMIS Project Management Information System SC South Carolina SCDOT South Carolina Department of Transportation SOI Secretary of Interior SOW Statement of Work USACE United States Army Corp of Engineers

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Fort Sumter (FOSU) Sewer and Drainfield Hardening Project

1. PARK INTRODUCTION

Confederate forces fired the first shots of the Civil War upon Federal troops at Fort Sumter at 4:30 a.m. on April 12, 1861. The roots of that conflict are buried deep within the stories of the development of the United States. Fort Sumter would continue to serve as the focal point in Charleston throughout the Civil War.

2. PROJECT INTRODUCTION AND OVERVIEW

This project will repair multiple damaged land areas which consist of adding approximately 4650 tons of rip rap armoring to meet a height of 11 feet around the northwest and southwest outside edges of the sewer drainfield, adding approximately 500 tons of rip rap armoring to meet a matching height of 9 feet around the western fillet adjacent to the fort wall, and adding approximately 1375 tons of backfill behind the rip rap armoring. This will protect drainfield and the sewer pipe and other utilities that are vulnerable due to the erosion resulting from the 2017 hurricane season. The project also includes the replacement of approximately 110 linear feet of water and sewer utility pipes adjacent to the fort to ensure compacted and secure installation of new pipe that has been repeatedly patched and repaired. The new armoring shall be able to withstand hurricanes and the coastal environment at the Fort Sumter facility location as it will be installed for the purpose of hardening the sewer system to protect from future hurricanes and intense storms.

Offerors are encouraged to propose process improvements and industry best practices in their proposals.

3. REQUIRED SERVICES

The Contractor shall provide all labor, tools, equipment, documentation, materials and supervision required to:

Pre-construction Phase

• Complete a topographic survey of the project area to determine actual field material quantities required to accomplish the project goals in NAVD88 datum.

• Complete soil analysis to identify “native-like” soil material properties for use to source similar to native materials for the backfilling eroded material.

Construction Phase

• Install approximately 4650 tons of machine or hand-placed riprap armor along the existing riprap armor to a length of approximately 400 linear feet and a new height of 11 feet as shown in the schematic design profile drawing, along the northwest edge, (estimated at 2950 tons) and along the southwest edge, (estimated at 1700 tons). Rip-rap quantity breakdown shall be assumed at 60% of the total as Class E Riprap and 40% of the total as class C Riprap. Actual split shall be determined based on the Topographic Survey.(Refer to Section 4) Install SCDOT Class 2 Unprotected Geotextile Fabric prior

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to rip rap placement along the lengths that do not have rip rap already well established. Refer to Attachment B: Schematic Design Drawings.

• Install approximately 500 tons of machine or hand-placed riprap armor between the fort wall and the existing riprap armor wall, around the western fillet adjacent to the fort wall, at a length of approximately 70 linear feet and a height of approximately 9 feet to match the existing riprap on the southeast drainfield armor wall. Rip-rap quantity breakdown shall be assumed at 60% of the total as Class E Riprap and 40% of the total as class C Riprap. Actual split shall be determined based on the Topographic Survey.(Refer to Section 4) Install SCDOT Class 2 Unprotected Geotextile Fabric prior to rip rap placement.

• Install new fill in 3 areas identified on site layout map. Refer to Attachment A: Project Area Map.

o Install new backfill of approximately 250 tons of “native-like” fill behind the increased height new riprap armor on the southwest and southeast edges of the drainfield between the existing drainfield and the new riprap armor.

o Install new backfill of approximately 900 tons of “native-like” fill behind the increased height new riprap armor on the northwest edge of the drainfield between the existing drainfield and the new riprap armor.

o Install new backfill of approximately 225 tons of “native-like” fill behind the new riprap armor adjacent to the fort wall along the eastern fillet.

• Install new utility piping to include approximately 110 linear feet of 8-inch SDR 26 PVC gravity sewer pipe and 2-inch IDR-9 HDPE water pipe with a 5 foot offset between the two trenched pipes. The 2-inch HDPE shall be installed with corrosion resistant brass fittings meeting NSF-61 standards. Both utility pipes shall be installed with utility trench bedding and meet 90% compaction. Sewer pipe shall include a clean out installed near the bend where the pipe enters the fort. Refer to Attachment A: Project Area Map and Attachment B: Schematic Design Drawings.

Project Site Location: Charleston Harbor, SC (Fort Sumter National Historical Park) Coordinates: 32.751806°N, -79.875457°W (Refer to Attachment A: Project Area Map)

4. OTHER CONTRACTOR RESPONSIBILITIES

Pre-construction Phase

• A Project Float Plan shall include the number and size of watercraft, as well as, any watercraft proposed to be left at the park overnight or for extended periods. Project Float Plan shall describe the location near the dock or around the island where the Contractor proposes to dock barges and other watercraft and offload equipment and materials, or how the materials will be otherwise placed, as well as, list the proposed departure point (marina and loading dock) from the mainland. Arrivals and departures to and from FOSU shall not interfere with the visitor ferry operations. If the contractor requests to use the Fort Moultrie Dock, then a park permit is required. Vessels will have size limits for using the dock. A spill containment procedure is also required as part of the Project Float Plan. Temporary construction mats may be required to be placed for equipment and materials located on the island.

• Provide a submittal for review the topographic survey in AutoCAD or similar drafting platform with 3D display of existing and proposed surfaces with the associated resulting

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quantities of rip rap and backfill required to meet project design requirements for the project. These field-measured quantities shall be submitted, reviewed, and approved by the COR prior to ordering or purchasing.

Construction Phase

• Comply with all Permit and Special Conditions in Attachment F.

• Armor wall cross-sections shall consist of 3 basic layers.

o The outer, larger, armor layer shall consist of SCDOT specified Class E: rip rap with a D50 of 2.25 feet, with a thickness of approximately 4 feet thick.

o The inner amor layer shall consist of SCDOT specified Class C: rip rap with a D50 of 1.30 feet with a layer thickness of approximately 2 feet thick the native base layer shall be leveled for placement of Class 2 Unprotected Geotextile Fabric.

o A leveled base layer consisting of native or backfilled soil and a geotextile (at locations along the armor wall path where existing riprap does not interfere with placement) between the native/base layer and the inner armor layer. Due to archeological reasons, excavations are not allowed.

• Project progress reports and regular schedule updates are required. Refer to Section 11 for requirements.

• In order to avoid damage to the drainfield components, no equipment shall be allowed to park or drive on top of the drainfield area.

• Project construction shall be monitored by an NPS Secretary of Interior (SOI) qualified Archeologist. Construction schedule coordination with the NPS Archeologist is required.

Contractor is responsible to ensure the NPS SOI Archeologist is on-site to actively monitor, prior to any excavation or base layer material smoothing and preparation. Any artifacts exposed during the project will be documented, and the archeologist will make a decision made to recover or leave in-place and protected by the back fill. The archeologist may require excavation work to stop temporarily for processing artifacts.

The Contractor shall notify the Contracting Officer (CO) and Contracting Officer Representative (COR) immediately if long-term or cumulative frequent calls to cease excavation is seen as increasing cost by impacting the project contracted deliverables.

• The Contractor shall submit a Debris Disposal Plan to ensure project generated debris is disposed of at a licensed/registered debris disposal facility and transportation has been identified. Refer to Section 11.

• The Contractor shall submit a Construction Safety Plan. Refer to Section 8 and Section 11.

5. GOVERNMENT FURNISHED PROPERTY, MATERIALS & SUPPLIES

None.

6. CONSTRUCTION WORKING HOURS

The Contractor shall complete on-site work during normal business hours of 7:30 am to 4:30 pm, Monday through Friday, excluding Federal holidays. The Contractor shall coordinate specific on-site work schedule with the CO and COR by the submittal of project schedule.

Refer to the Section 11 of this document. While on site, the COR may be reached by mobile phone during these specified business hours. Any requests to work outside of normal business hours shall be date specific and shall be submitted to and be pre-approved by both

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the CO and COR with a minimum of 72 hours’ notice.

7. PERIOD OF PERFORMANCE

The Contractor shall complete the entire work ready for use not later than 200 days after the Notice to Proceed receipt date and shall include the premises’ final cleanup.

8. CONSTRUCTION SAFETY & ENVIRONMENTAL COMPLIANCE

• The Contractor shall submit a Construction Safety Plan and identify a Competent Safety

Person in Charge, along with listing the Superintendent and project point of contact for all stages of the project. The designated competent safety person(s) shall meet and demonstrate competency through minimum training and experience in all Occupational Safety and Health Act (OSHA) standards related to Competent Persons (CP) under 29 CFR 1910 through 1926 for the applicable areas related to this project. All construction areas shall describe the use safety fencing to prevent park visitors from assessing the project construction area and safe from construction hazards. The Contractor Safety Plan shall also include park visitor safety, by describing how equipment or materials left on the island will be secured. The park may identify limited areas available for materials.

• The Construction Safety Plan shall also include a separate subsection for COVID-19 safety provisions to specify the Contractor’s methods to address CDC Guidelines while performing the project work. Refer to the Section 11 of this document.

• The Contractor shall comply with pertinent provisions of the Occupational Safety and Health Act (OSHA), and state, local, safety, laws.

• The Contractor shall comply with pertinent Environmental Protection Agency (EPA) laws and regulations.

• The Park Safety Officer shall have the authority to issue stop work orders to the Contractor when violations or unsafe acts are present and threaten Government and Contractor employees or damage to Government property. The Contractor shall notify the CO and COR immediately if issued an order to stop work by the Park Safety Officer.

• The Contractor shall immediately report to the CO, COR and Park Safety Officer all accidents resulting in employee injury or death or damage to property while performing this contract.

9. MOTOR VEHICLE, MARINE VESSEL, & TRAFFIC REGULATIONS

Contractor employees operating motor vehicles shall possess a valid driver's license. Driver and vehicle permits, licenses, registrations and proof of insurance shall be maintained in the vehicle at all times and made available upon request. Contractor employees shall comply with federal vehicle motor law requiring seat belts be worn at all times. Contractor employees shall adhere to the posted speed limits.

Marine vessel requirements while on the FOSU project are that any Contractor marine vessel captains shall be a USCG certified captain with local area knowledge of Charleston Harbor. All vessels shall meet any required compliance conditions described by the SOI qualified NPS Archeologist, in order to work within park boundaries, as well as, in and around protected underwater historical objects to avoid their disturbance. Vessel captains shall comply with maritime law at all times. Per an approved Project Float Plan, Marine vessels shall be in good working order and shall not be allowed on site if actively leaking fuel, oil or anything else. In

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the event of a fuel/oil spill, work shall cease immediately, spill containment deployed, COR notified, and other jurisdictional authorities called immediately as designated by the approved Project Float Plan. Vessel registrations and proof of operator insurance shall be maintained in the vessel at all times and made available upon request. All USCG marine, life preserver, and other safety requirements shall be complied with at all times. COR shall have the authority to reject an unsafe/noncompliant vessel or captain from the project work at any time.

10. EMPLOYEE IDENTIFICATON BADGES AND PARKING

All Contractor employees shall comply with parking procedures published for the Park.

Contractor employees shall return any Park issued personal or vehicle identification badges immediately upon termination of employment or completion of this contract. Contractors shall wear identifiable clothing while on the work site, so Park visitors know they are Contractor employees.

11. SUBMITTAL REQUIREMENTS LIST (POST-AWARD)

The following items are to be submitted after the contract award.

• Please refer to Attachment E for an example submittal list. This is an example for the project and the actual required submittals may be increased or decreased depending on project requirements; however, this list is a good indication of the project’s submittal requirements.

• Completed topographic survey in AutoCAD 3D with existing and proposed surface well established with the associated resulting quantities of rip rap and backfill required per Sections 3 and 4.

• Weekly schedule updates shall be provided on Friday with a 2-Week Look-Ahead. The 2-week Look-Ahead is to keep the park informed of the upcoming weeks’ activities around the fort and to make construction inspection arrangements. Some major milestones will not be allowed to change without 2 weeks’ notice.

• Weekly progress reports delivered every Friday before noon, noting details of the progress specifically on the 6 bulleted tasks and associated bulleted subtasks listed in Section 3. Each report shall include both narrative and photo documentation of the progress on each of these tasks. Tasks with no progress shall indicate no progress or completed. Report shall also include the most up-to-date schedule as described in this section, and a narrative explanation for the cause of any schedule delays or accelerated progress.

• Technical Proposal based on the Technical Approach required as part of the Contractor’s Proposal shall be submitted for approval prior to starting any of the project tasks. Refer to FAR Section L for details on the Technical Approach and other Contractor Proposal requirements.

• A Debris Disposal Plan with a proposed debris receiving facility listed, with proposed transportation method. The plan shall be submitted as a submittal and shall be approved by the COR prior to starting work. The Debris Disposal Plan shall also include an example method of verification from the facility receiving the waste as part of the submittal to ensure all project debris can be tracked to proper disposal. (receipt etc.)

• Submit for approval the Schedule of Values based on the Schedule of Values submitted in the Contractor’s Proposal. See Attachment C for Schedule of Values Form. The approved Schedule of Values will become the basis for progress payments. Refer to FAR Section L

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for details on Contractor Proposal requirements.

• Material Submittals to include select backfill based on soil analysis completed per section 3. All sizes and sources of riprap, geotextile riprap underlayment, utility pipes, pipe bedding and backfill, and any other required materials to complete the project.

Materials shall meet SCDOT standard Specification; Section 804 Riprap and Slope Protection. See Attachment E for example material submittal list. This submittal list is not all inclusive and may change as needed per the project requirements.

• Contractor’s Construction Safety Plan and identify a Competent Safety Person in Charge with project superintendent and the Contractor’s project point of contact, if different.

12. CONSTRUCTION MONITORING

The Government will conduct project contract monitoring throughout the project.

Inspections shall be both random and at identified milestones during the project. These milestones may be identified at the project schedule submittal and approval procedure. There shall also be a Final Inspection at the completion of the project work. Final payment shall only be processed upon confirming that all noted Contractor performance deficiencies identified during the Final Inspection have been satisfactorily corrected.

13. ATTACHMENTS

Attachment A: Project Area Map Attachment B: Schematic Design Drawings Attachment C: Schedule of Values Form Attachment D: Photos of the Existing Conditions Attachment E: Example Submittal List Attachment F: Permit and Special Conditions

Approximately 400 LF of repaired riprap at 11ft high (4650 TN)

Approximately 70LF of RipRap to match adjacent armor height of approx. 9 ft high (500 TN)

Backfill with 1,375 TN soil to restore the bank and to protect and armor the sewer drainfield and sewer pipe

Approximately 110 LF of properly bedded and installed sewer and water utility pipe stidwell Text Box Attachment A: Project Area Map

Approximately 900 TN

Approximately 250 TN

Approximately 225 TN

Utility trench with new sewer and water utility pipe stidwell

Attachment A: Project Area Map

Attachment B: Schematic Design Drawings

Cross Section 1: Example Cross Section from NW Armor Wall

Cross Section 2: Example Cross Section from SW Armor Wall

Cross Section 3: Example Cross Section from East Armor Wall

Armor Stone Outer Layer of 4 feet thick. Average Diameter Stone shall be

2.35 per Class E RipRap

Armor Stone Inner Layer of 2 feet thick. Average Diameter Stone shall be

1.30 per Class C RipRap

Native/Base Layer Material

Figure 4: Rip Rap Armor Wall Schematic Design Profile

Item Item Description UNIT QTY UNIT PRICE TOTAL PRICE

1 Topographic Survey - Field Quantities LS 1 $ $

2 Native in situ Soil Analysis LS 1 $ $

3 Mobilization/Demobilization LS 1 $ $

4 Rip-rap armoring along west sides of the drainfield (installed)* TN 4650 $ $

5 Rip-rap armoring along east fillet adjascent to fort wall (installed)* TN 500 $ $

6 Backfill behind southwest armor wall (installed) TN 250 $ $

7 Backfill behind nothwest armor wall (installed) TN 900 $ $

8 Backfill pipe and along east fillet adjascent to fort wall (installed) TN 225 $ $

9 Install Class 2 Unprotected Geotextile Fabric SF 2850 $ $

10 Utility Pipe Installations (water and sewer pipe re-installed) LF 110 $ $

* Rip-rap Armor quantities are a combination of both Class C and Class E RipRap; SCDOT Standard Specification 804.2.

Total Project Cost (words)

Fort Sumter - Drainfield Repair and Armoring Project FOSU 251133 - Schedule of Values Form stidwell

Attachment C: Schedule of Values Form

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Section 3 & 4 Submit Topographic Survey - CAD Drawing

Section 3 Soil Analysis - Proposed Source

Section 4 & 9 Project Float Plan

Section 6 Project Schedule w/ Major Milestones

Section 11 Weekly Schedule Updates

Section 11 Weekly Progress Reports

Section 11 Technical Proposal

Section 11 Debris Disposal Plan

Section 11 Schedule of Values

Section 8 Construction Safety/Emergencey Response Plan

(M) "Native-like" Replacement Backfill Soil

(M) Class E Riprap

(M) Class C Riprap

(M) Geotextile Fabric

(M) SDR 26 PVC Sewer Pipe

(M) HDPE Water Pipe

(M) Pipe Bedding/Select Fill

Section 11 Project Record Drawings

Submittal Description

INFORMATIONAL ACTION

Dates of Action

Attachment E: Example Submittal List Page 1 of 1

Permit and Special Conditions

The contractor shall assist and ensure the follow conditions are completed or used for the course of the project.

For the Section 404, Nationwide Permit (NWP) 13 authorization to remain valid, the project must comply with the enclosed NWP General Conditions, Charleston District Regional Conditions, and the following special conditions:

a. Prior to the commencement of any construction work on site, post a copy of all appropriate state certifications and authorizations: Water Quality Certification, Coastal Zone Management Act concurrence.

b. That impacts to aquatic areas do not exceed those specified in the above mentioned PCN, including any supplemental information or revised permit drawings that were submitted to the Corps by the permittee.

c. That the construction, use, and maintenance of the authorized activity is in accordance with the information given in the PCN, including the supplemental information listed above, and is subject to any conditions or restrictions imposed by this letter.

d. That the permittee shall submit the attached signed compliance certification to the Corps within 30 days following completion of the authorized work.

e. Final design plans should be submitted to State Historic Preservation Office prior to construction.

f. Installation of the new rip rap wall and back fill should be monitored by an SOI qualified archaeologist. Exposed artifacts should be documented. After documentation, a decision should be made to recover the artifacts or leave them in-situ, protected by back fill. A post monitoring report should be generated for submission to State Historic Preservation Office.

g. 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 their 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.

h. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the U.S.

i. In order to ensure protection of any threatened or endangered species, and designated critical habitat that may be present in the vicinity of the project area during construction activities, the permittee will comply with the following:

1. The permittee shall instruct all personnel associated with the project of the potential presence of and the need to avoid collisions with protected species, which may include but is not limited to West Indian manatees, Atlantic sturgeon, shortnose sturgeon, sea turtles, wood stork, blue whale, fin whale, humpback whale, North Atlantic right whale, sei whale and sperm whale.

Attachment F: Permit and Special Conditions Page 1 of 28

2. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing protected species, to include manatee(s), which are protected under the Marine Mammal Protection Act of 1972 and/or the Endangered Species Act of 1973.

3. Any siltation barriers used during the project shall be made of material in which protected species, to include manatee(s), cannot become entangled and must be properly secured, and regularly monitored to avoid protected species entrapment.

4. All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

5. If protected species, to include manatee(s), are seen within 100 yards of the active construction area all appropriate precautions shall be implemented to ensure protection of the protected species, to include manatee(s). These precautions shall include the operation of all moving equipment no closer than 50 feet to a protected species, to include manatee(s). Operation of any equipment closer than 50 feet to a protected species, to include manatee(s), shall necessitate immediate shutdown of that equipment. Activities will not resume until the protected species, to include manatee(s), has departed the project area of its own volition.

6. Incidents where any individuals of sea turtles, Atlantic sturgeon, shortnose sturgeon, blue whale, fin whale, humpback whale, North Atlantic right whale, sei whale and sperm whale listed by NOAA Fisheries under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the United States or structures or work in navigable waters of the United States authorized by this DA permit shall be reported to NOAA Fisheries, Office of Protected Species at (727) 824-5312, the SCDNR Hotline at 1-800-922-5431, and the Regulatory Office of the Charleston District of the U.S.

Army Corps of Engineers at (843) 329-8044. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs.

Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure, or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries, Office of Protected Resources, to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved.

7. The permittee understands and agrees that all in-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water. Where appropriate, in water wires should be fitted with PVC sleeve from the surface to the bottom to prevent any potential scraping of the passing manatees.

j. In order to ensure protection and reduce potential construction-related impacts to West Indian manatees that may be in the vicinity of the project area during construction

Attachment F: Permit and Special Conditions Page 2 of 28 activities performed outside the winter months, to discountable and insignificant levels, the permittee will comply with the following for all projects affecting the coastal waters of South Carolina:

1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees.

All construction personnel MUST monitor water-related activities for the presence of manatee(s) during May 1 - November 15. Construction personnel are requested to monitor outside of that timeframe as manatees may be in the area before or after the above dates.

2. Any collision with and/or injury to a manatee shall be reported immediately to the U.S. Fish and Wildlife Service contacts: Melanie Olds, South Carolina Manatee Lead, Charleston Field Office, at 843-727-4707 ext. 205; or Terri Calleson, Manatee Recovery Coordinator, North Florida Field Office, at 904-731-3286.

This verification is valid until March 18, 2022, unless the district engineer modifies, suspends, or revokes the NWP authorization in accordance with 33 CFR 330.5(d). If prior to this date, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization, the verification continues to remain valid until March 18, 2022. If you commence, or are under contract to commence this activity before the NWP expires, or the NWP is modified, suspended, or revoked by the Chief of Engineers or division engineer in accordance with 33 CFR 330.5(b) or (c), respectively, in such a way that the activity would no longer comply with the terms and conditions of the NWP, you will have 12 months after the date the NWP expires or is modified, suspended, or revoked, to complete the activity under the present terms and conditions of this NWP.

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13. Bank Stabilization. Bank stabilization activities necessary for erosion control or prevention, such as vegetative stabilization, bioengineering, sills, rip rap, revetment, gabion baskets, stream barbs, and bulkheads, or combinations of bank stabilization techniques, provided the activity meets all of the following criteria:

(a) No material is placed in excess of the minimum needed for erosion protection;

(b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects (an exception is for bulkheads—the district engineer cannot issue a waiver for a bulkhead that is greater than 1,000 feet in length along the bank);

(c) The activity will not exceed an average of one cubic yard per running foot, as measured along the length of the treated bank, below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects;

(d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects;

(e) No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the United States;

(f) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored native trees and treetops may be used in low energy areas);

(g) Native plants appropriate for current site conditions, including salinity, must be used for bioengineering or vegetative bank stabilization;

(h) The activity is not a stream channelization activity; and

(i) The activity must be properly maintained, which may require repairing it after severe storms or erosion events. This NWP authorizes those maintenance and repair activities if they require authorization.

This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the bank stabilization activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows.

After construction, temporary fills must be removed in their entirety and the affected areas returned to preconstruction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if the bank stabilization activity: (1) Involves discharges into special aquatic sites; or (2) is in excess of 500 feet in length; or (3) will involve the discharge of greater than an average of one cubic yard per running foot as measured along the length of the treated bank, below the plane of the ordinary high water mark or the high tide line. (See general condition 32.)

(Authorities: Sections 10 and 404)

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C. Nationwide Permit 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.

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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 preconstruction 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 preconstruction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

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 Temporary Fills. 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.

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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. The permittee 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 NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.

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 7consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If preconstruction 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

Attachment F: Permit and Special Conditions Page 7 of 28 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. In cases 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, he 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) 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 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 their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether ‘‘incidental take’’ permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.

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20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP 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.