Laurel_Bay_Road_Specs_Package.pdf

IFB #XXXX26E 1

IFB DOCUMENTS

LAUREL BAY (S-116) PATHWAY REPAIR PROJECT

Other forms, special provisions, and appendices

IFB #XXXX26E 2

GENERAL PROVISIONS

The General Provisions of the Contract shall be as listed in the South Carolina Department of Transportation 2025 Standard Specifications for Highway Construction, Section 100 General Provisions, Sections 101 - 109.10 inclusive, except as noted & amended elsewhere herein.

(Balance of Page Intentionally Left Blank)

IFB #XXXX26E

Special Provisions

SPECIAL PROVISIONS

1) STANDARDS AND REFERENCES:

2) DIVISION 100: STANDARD DRAWINGS:

3) DIVISION 100: MOST RECENT EFFECTIVE UPDATES:

4) DIVISION 100: IMMINENT STANDARD DRAWINGS:

5) DIVISION 100: STANDARD DRAWING ERRATA:

6) DIVISION 100: CONSTRUCTION MANAGEMENT SYSTEM:

7) SECTION 105: SCDOT COMPUTER USAGE POLICY:

8) SECTION 106: TELECOMMUNICATION AND VIDEO SURVEILLANCE EQUIPMENT:

9) SECTION 107: PROJECT BULLETIN BOARDS:

10) SECTION 107: FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED:

11) SECTION 107: SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES PERMIT:

12) SECTION 107: CARGO PREFERENCE ACT REQUIREMENTS:

13) SECTION 107: REQUIRED MEDIA NOTIFICATION FOR CONSTRUCTION PROJECTS:

14) SECTION 107: CONTRACT PROVISION TO REQUIRE CERTIFICATION AND COMPLIANCE CONCERNING ILLEGAL

ALIENS

15) SECTION 107: COORDINATION OF UTILITY RELOCATION WORK WITH HIGHWAY CONSTRUCTION:

16) SECTION 107: IRAN DIVESTMENT ACT:

17) SECTION 108: SUBLETTING OF CONTRACTS (SPECIALTY ITEMS):

18) DIVISION 600: MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES:

19) SPECIAL PROVISION FOR BORROW EXCAVATION

APPENDICES

APPENDIX 1: PERMITS – SCDES PERMIT

For the purposes of this contract, references to SCDOT and Department shall refer to Beaufort County. References to “Deputy Secretary of Engineering”, “Engineer”, “Resident Construction Engineer”, “Director of Traffic Engineering”, or “Engineer’s Representative” shall refer to “Beaufort County’s Engineer” or his designee.

This project is to be constructed under the South Carolina Department of Transportation’s Specifications for Highway Construction, 2025, and the following Special Provisions, the applicable Supplemental Specifications located at https://www.scdot.org/business/road-supplemental-specs-2025.html, and the applicable Supplemental Technical Specifications located at https://www.scdot.org/business/road-technical-specs.aspx:

1) STANDARDS AND REFERENCES:

This project is to be constructed under the SCDOT 2025 Standard Specifications for Highway Construction, the 2009 SCDOT Standard Drawings, the SCDOT 2004 Construction Manual, the SCDOT Supplemental Technical Specifications in effect at the time of the letting, and the following Special Provisions:

The above noted publications are available on the internet as follows, or may be obtained from the SCDOT Engineering Publications office at (803) 737-4533 or via e-mail at engrpubsales@dot.state.sc.us

SCDOT 2025 Standard Specifications for Highway Construction https://www.scdot.org/content/dam/scdot-legacy/business/pdf/2025_SCDOT_Standard_Specifications.pdf

2009 SCDOT Standard Drawings

Standard Drawings Disclaimer

SCDOT 2004 Construction Manual

SCDOT Construction Manual (2004)

SCDOT Supplemental Technical Specifications https://www.scdot.org/business/road-supplemental-specs-2025.html.

SCDOT Supplemental Specifications https://www.scdot.org/business/road-technical-specs-2025.html.

South Carolina Manual on Uniform Traffic Control Devices (SCMUTCD) http://www.scdot.org/doing/technicalPDFs/mutcdSupp/supplement_mutcd.pdf.

Approved Products List for Traffic Control Devices in Work Zones

Traffic Engineering Manuals

2) DIVISION 100: STANDARD DRAWINGS:

The Bidders are hereby advised that this project shall be constructed using the Current Standard Drawings with all updates effective at the time of the letting. The Standard Drawings are available for download at https://www.scdot.org/business/standard-drawings.aspx. All drawings that are updated are labeled with their effective letting date in red.

All references in the plans, standard specifications, supplemental specifications, supplemental technical specifications or special provisions to drawings under the previous numbering system (prior to 2007) are hereby updated to the new drawing numbers. Refer to sheets 000-205-01 through 000-205-07 to find new drawing numbers when looking for references to older drawing numbers. “Old sheet numbers” are also visible on the website when using the full set of drawings “current” search and are sortable by clicking the header “Old Sheet #” on the results page. Be aware that some older drawings now span over multiple pages due to detailing changes.

3) DIVISION 100: MOST RECENT EFFECTIVE UPDATES:

The following drawings were removed, updated, or added effective with the January 2019 letting. See section 103 for imminent drawings on future lettings.

https://www.scdot.org/business/road-supplemental-specs-2025.html https://www.scdot.org/business/road-technical-specs.aspx mailto:engrpubsales@dot.state.sc.us https://www.scdot.org/content/dam/scdot-legacy/business/pdf/2025_SCDOT_Standard_Specifications.pdf https://www.scdot.org/content/dam/scdot-legacy/business/pdf/2025_SCDOT_Standard_Specifications.pdf http://www.scdot.org/doing/sd_Disclaimer.aspx http://www.scdot.org/doing/construction_Manual.aspx https://www.scdot.org/business/road-supplemental-specs-2025.html https://www.scdot.org/business/road-technical-specs-2025.html http://www.scdot.org/doing/technicalPDFs/mutcdSupp/supplement_mutcd.pdf http://www.scdot.org/doing/publications_Traffic.aspx https://www.scdot.org/business/standard-drawings.aspx

403-205-01 721-1 BRIDGE END FLUME MOVED TO 805-

325-75 AND 719-920-00

REPLACED JAN 2019 BY 805-325-75,

805-325-76 AND 719-920-00

403-205-02 S 805-9B BRIDGE END FLUME MOVED TO 805-

325-75 AND 719-920-00

REPLACED JAN 2019 BY 805-325-75,

805-325-76 AND 719-920-00

403-210-00 721-1A BRIDGE END FLUME MOVED TO 805-

325-75 AND 719-920-00

REPLACED JAN 2019 BY 805-325-75,

805-325-76 AND 719-920-00

605-010-01 605-3(1)

CONSTRUCTION SIGNING -

PERMANENT WORK ZONE SPEEDING -

$200 FINE PRIMARY ROUTES

JANUARY 2019 UPDATE

605-015-00 605-4

CONSTRUCTION SIGNING -

PERMANENT WORK ZONE SPEEDING -

$200 FINE INTERSTATE ROUTE

JANUARY 2019 UPDATE

605-025-03 605-5(1) CONSTRUCTION SIGNING - SPECIAL

SIGNS $5000 FINE FOR VIOLATIONS JANUARY 2019 UPDATE

610-005-00 610-1

FLAGGING OPERATION TWO-LANE

TWO-WAY PRIMARY & SECONDARY

ROUTES

JANUARY 2019 UPDATE

610-005-20 2019UPDATE

FLAGGING OPERATION WORK ZONE

THRU STOP STOP SIGN CONTROLLED

SIDE ROADS

JANUARY 2019 UPDATE

610-005-30 2019UPDATE

FLAGGING OPERATION WORK ZONE

CONTINUE THRU STOP CONTROL

INTERSECT ALL APPROACH

JANUARY 2019 UPDATE

610-005-40 2019UPDATE

FLAGGING OPERATION WORK ZONE

THRU TRAF SIGNAL W/LAW

ENFORCEMENT OFFICERS

JANUARY 2019 UPDATE

610-005-50 2019UPDATE

FLAGGING OPERATION WORK ZONE

CONTINUE THRU TRAF CONTROL

INTERSECT W/FLAGGER

JANUARY 2019 UPDATE

610-005-60 2019UPDATE

FLAGGING OPERATION WORK ZONE

TERMINATE @ INTERSECT W/2-LANE

2-WAY ROAD DEPARTURE

JANUARY 2019 UPDATE

610-005-70 2019UPDATE

FLAGGING OPERATION

INTERSECTIONS W/TWO-LANE TWO-

WAY ROADWAYS APPROACH LANE

JANUARY 2019 UPDATE

610-005-80 2019UPDATE

FLAGGING OPERATION STOP SIGN

CONTROL INTERSECTION W/LOW

SPEED </=35 MPH

JANUARY 2019 UPDATE

610-005-90 2019UPDATE

FLAGGING OPERATIONS STOP SIGN

CONTROL INTERSECTION 40MPH-

60MPH MULTILANE ROAD

JANUARY 2019 UPDATE

610-515-00 610-28 EXTENDED ROAD CLOSURE OF NEW

ROADWAY ALIGNMENT JANUARY 2019 UPDATE

719-115-00 REPLACED INSTRUCTIONS FOR DROP INLET TYPE

115 DI115 (PHASED OUT 1/2019)

USE DI125 OR 24X36 DI, DI115

PHASED OUT 1/2019

719-920-00 NEW 2019 4' SLOPE FLUME (CURB STYLE WITH

CUTOFF WALLS)

NEW DELINEATOR AT LEADING END

TREATMENTS OR AS SPECIFIED

805-001-01 NEW2018

PERMANENT BARRIER GENERAL

NOTES - GUARDRAIL, RIGID BARRIER,

FLEXIBLE BARRIER

REVISED NOTE 10.11

805-001-02 NEW2016 PERMANENT BARRIER GENERAL REVISED NOTES 50.01 & 50.02

NOTES - GUARDRAIL, RIGID BARRIER,

FLEXIBLE BARRIER

805-090-00 NEW 2019 GUARDRAIL FABRICATION DETAILS

NOTICE

NOTICE THAT FABRICATION DETAILS

ARE COVERED IN STATUS

FABRICATION

805-115-10 NEW 2018 SITE GRADING FOR LEADING END

TREATMENT MT3 (TL3)

CORRECT SHOULDER GRADING

REMOVE "24:1 LABEL", FONT

805-115-50 NEW 2018 SITE GRADING FOR LEADING END

TREATMENT MT2 (TL2)

CORRECT SHOULDER GRADING

REMOVE "24:1 LABEL", FONT

805-210-05 MASH

UPDATE

MGS3 GUARDRAIL WITH 1 OMITTED

POST (12' CLEAR SPAN)

NEW DELINEATOR AT LEADING END

TREATMENTS OR AS SPECIFIED

805-325-30 805-325-00 MTBBC3 APPROACH STIFFNESS

TRANSITION TL3 CORRECTS PAY ITEMS

805-325-50 805-325-00 MTBBC2 APPROACH STIFFNESS

TRANSITION TL2 CORRECTS PAY ITEMS

805-325-70 805-325-00 APPROACH STIFFNESS TRANSITION

CURB TO FLUME FOR CB

CORRECTS FLUME LOCATION AND

CURB LENGTH

805-325-75 NEW 2019 FLUME INLET AT GUARDRAIL

(HANDWORK)

WORKS WITH STANDARD FLUME 719-

920-00

805-325-76 NEW 2019 FLUME INLET AT GUARDRAIL

(HANDWORK)

WORKS WITH STANDARD FLUME 719-

920-00

805-520-00 NEW 2011 GUARDRAIL POST INSTALLATION IN

PARTIALLY WEATHERED ROCK (PWR)

MASH DETAIL, USES FULL LENGTH

POST

805-545-00 MASH

UPDATE

GUARDRAIL RELATED MULTIPLE

OFFSET BLOCKS FOR MGS AND

MTBBC SERIES DEVICES

NEW DELINEATOR AT LEADING END

TREATMENTS OR AS SPECIFIED

805-600-00 to 705- 779-99

PRE

MASH

DRAWING NUMBERS RESERVED FOR

PREMASH GUARDRAIL DETAILS.

UPDATED DRAWINGS PENDING.

ATTACH TO EXISTING RAIL OR WHERE

MASH DEVICE DOES NOT FIT

805-785-00 NEW2017 NARROW & WIDE CRASH CUSHIONS MASH UPDATE TO CRASH CUSHIONS

805-825-00 MASH

UPDATE

SHAPE TRANSITION THRIE-BEAM TO

SINGLE SLOPE

REVISED END BEVELS AND MASH

GUARDRAIL GEOMETRY

4) DIVISION 100: IMMINENT STANDARD DRAWINGS:

On the Standard Drawings search page, enter status of Imminent with other fields blank to see a list of upcoming Standard Drawings and their corresponding effective let date. Imminent drawings may be used at any time they are available if approved by the Resident. Follow procedure shown in imminent drawings when noted in this section.

Imminent Drawings will be made available as soon as they are signed.

5) DIVISION 100: STANDARD DRAWING ERRATA:

The Bidders are hereby advised that the following note changes apply to the published Standard Drawings.

On sheet 000-205-05, add the following information under the columns below:

OLD DRAWING NAME NEW DRAWING NAME

720-905-01 to 720-905-05 720-901-01 to 720-993-32

On sheet 605-005-05 (ver 1-1-2013), replace entire text of General Note #4 with the following text:

4. The square footage of sign panels attached to 2½” x 2½” 12 gauge sign support secured to a 3” x 3” 7 gauge breakaway anchor shall not exceed 20 square feet.

On sheet 610-005-00 (ver 5-1-18) added the following definiton to Note 1 of Flagging Operations section:

SIDE ROAD FLAGGER – This flagger is stationed on an intersecting side road and controls the side road traffic entering into the roadway where the work activity area is located.

On sheet 610-005-20 (ver 5-1-18) added Note 5 :

5. When the work proceeds through a “STOP sign controlled““SIDE ROAD” intersection continue the work operations through the intersection to a specific location point within the “DEPARTURE LANE” no less than 300 FT to 500 FT beyond the limits of the intersection to allow the work train and all portions of the lane closure to clear the intersection.

On sheet 610-005-20 (ver 5-1-18) Added dimension “300’-500’” for the work activity area after the intersection.

On sheet 610-005-30 (ver 5-1-18) added Note 5 :

5. When the work proceeds through a “STOP SIGN CONTROLLED“ intersection continue the work operations through the intersection to a specific location point within the “DEPARTURE LANE” no less than 300 FT to 500 FT beyond the limits of the intersection to allow the work train and all portions of the lane closure to clear the intersection.

On sheet 610-005-40 (ver 5-1-18) added Note 5 :

5. When the work proceeds through a “TRAFFIC SIGNAL CONTROLLED“ intersection continue the work operations through the intersection to a specific location point within the “DEPARTURE LANE” no less than 300 FT to 500 FT beyond the limits of the intersection to allow the work train and all portions of the lane closure to clear the intersection.

On sheet 610-005-50 (ver 5-1-18) added Note 5 :

5. When the work proceeds through a “TRAFFIC SIGNAL CONTROLLED“ intersection continue the work operations through the intersection to a specific location point within the “DEPARTURE LANE” no less than 300 FT to 500 FT beyond the limits of the intersection to allow the work train and all portions of the lane closure to clear the intersection.

On sheet 610-005-60 (ver 5-1-18) Title block changed :

Title block now reads “Flagging Operations – Work Zones Beginning @ Intersections with Two-Lane Two- Way Roadways – Departure Lane.”

On sheet 610-005-70 (ver 5-1-18) Title block changed :

Title block now reads “Flagging Operations – Work Zones Terminating @ Intersections with Two-Lane Two- Way Roadways – Approach Lane.”

On sheet 610-005-80 (ver 5-1-18) Note 6 revised:

6. Dependent upon the location of the work zone in the “Departure Lane” or the “Approach Lane” of the two-lane two-way road, when the work zone progresses to a location that requires conversion from this flagging operation traffic control setup to a standard flagging operation traffic control setup or vice versa, comply with the requirements of Standard Drawing No. 610-005-60 or Standard Drawing No. 610-005-70 as necessary regarding these conversions.

On sheet 610-005-90 (ver 5-1-18) Note 6 revised:

6. Dependent upon the location of the work zone in the “Departure Lane” or the “Approach Lane” of the two-lane two-way road, when the work zone progresses to a location that requires conversion from this flagging operation traffic control setup to a standard flagging operation traffic control setup or vice versa, comply with the requirements of Standard Drawing No. 610-005-60 or Standard Drawing No. 610-005-70 as necessary regarding these conversions.

In Section 714-000 – Pipe Culverts (Permanent) (ver January 2011) Delete and replace all references to P1 Biaxial Geogrid with B4 Geogrid on all Drawings within this Section of the Standard Drawings.

On sheet 720-305-00 (ver May 2008), delete the entire note directly above main detail:

On sheet 720-405-00 (ver May 2009) Detail 2 replace dimension 2’-6” maximum with:

2’-6” minimum

On sheet 720-901-01 (ver Feb 2015) replace note 5.04 with:

5.04 When a mid-block crossing is required, consider mid-block staggered crossing (720-955-41) to encourage eye contact between the pedestrian and the oncoming traffic. Always angle the stagger so that the pedestrian travels through the refuge facing the oncoming traffic.

On sheet 722-305-00 (ver May 2010) Detail 4 replace note “French Drain see note 21” with:

French Drain see note 4.5.

On sheet 722-305-00 (ver May 2010) table 722-305A, 4th column, change the following:

Delete (SF)

Replace text “up to 36” with “up to 3’X3’ “

Replace text “larger than 36” with “larger than 3’X3’ ”

On sheet 722-305-00 (ver May 2010) change general note 3.3 2nd sentence & Detail 4:

Place Class 2 Type C Geotextile for Erosion Control under riprap as specified in SCDOT Standard Specification.

On sheet 804-105-00 (ver May 2008) Title Block replace text “Rirap (Bridge End)” with:

Riprap (Bridge End)

On sheet 804-105-00 (ver May 2008) Change Note 2: Geotextile Pay Item to:

8048210 Geotextile for Erosion Control under riprap (Class 2) Type C…. SY

On sheet 804-205-00 (ver May 2009) Change Note 2: Geotextile Pay Item to:

8048210 Geotextile for Erosion Control under riprap (Class 2) Type C…. SY

On sheet 804-305-01 (ver Jul 2017) Change Note 4: Geotextile Pay Item to:

8048210 Geotextile for Erosion Control under riprap (Class 2) Type C…. SY

On sheet 804-305-02 (ver Jul 2017) Change Section A: Geotextile Note to:

Geotextile for Erosion Control under riprap (Class 2) Type C

On sheet 804-310-00 (ver Jul 2017) Change Note 3: Geotextile Pay Item to:

8048210 Geotextile for Erosion Control under riprap (Class 2) Type C…. SY

On sheet 805-001-01 Jan 2019 version, replace note 25.06 with:

25.06 FOR PROJECTS THAT SPECIFY PREMASH DEVICES (W-BEAM, TYPE T, TBBC, TYPE B, ETC.) INSTALL W-

BEAM RAIL HEIGHT AT 29” +/- 1” (PREVIOUSLY NOTED AS 27.75” +3”/-0”.)

On sheet 805-220-00 (ver Jul 2018) replace note 5:

FOR SITES WITH BRIDGES, BOLT GUARDRAIL TO BRIDGE PARAPET AS REQUIRED IN STIFFNESS TRANSITION, AND HOLD FACE OF GUARDRAIL POSITION (TYPICALLY 5'-3" FROM FACE OF CURB) THROUGH STIFFNESS TRANSITION. Make any necessary adjustments to face of guardrail within the LONGITUDINAL BARRIER.

INSTALL END TREATMENT so that impact head is beyond the back of sidewalk.

On website, drawings between 805-500-00 and 805-779-99 are reserved as PREMASH standards. Do not value engineer or otherwise substitute PREMASH devices in any location where it has been determined that MASH devices fit and are specified. If MASH devices do not fit site condition, install PREMASH only upon approval by the Resident Engineer. Note that during MASH implementation, some PREMASH details may be published with old drawing numbering and a cover sheet that addresses drawing and pay item changes.

On sheets 805-860-xx (05, 10, 15, 20, 24, 30) (ver Jan 2016):

All references to toe drain details are revised to refer to drawing 805-875-10 (correct all notes pointing to drawings 805-895-00 or other incorrect drawing numbers.)

6) DIVISION 100: CONSTRUCTION MANAGEMENT SYSTEM:

All references to SiteManager are hereby revised to SCDOT’s Construction Management System.

7) SECTION 105: SCDOT COMPUTER USAGE POLICY:

The CONTRACTOR and its designated employees, as well as any subcontractors and subcontractors of any tier, having access to SCDOT electronic data, is required to follow SCDOT’s Acceptable Computer Usage Policy (http://iwww.dot.state.sc.us/pdf/departmental_directives/updated/DD37.pdf) which establishes guidelines for acceptable use and confidentiality of SCDOT’s information technology for data entry into SCDOT’S computer system; provided that the section of the Policy pertaining to SCDOT’s right to inspect any users email at any time is qualified to reserves unto SCDOT the right to inspect contractor or subcontractor emails that are SCDOT business related, including emails that are related to the services with which contractor is under contract.

The CONTRACTOR and its designated employees, as well as any subcontractors and subcontractors of any tier, having access to SCDOT electronic data, is required to also follow SCDOT’s IT Security Policy (http://iwww.dot.state.sc.us/pdf/IT_Security_Policies_09042012.pdf), which sets forth SCDOT IT Security Policy including Network Security Policy, Network Access and Authentication Policy, Physical Security Policy, Backup Policy, Incident Response Policy, Corporate Security Policies, VPN Site-to-Site Policy, Wireless Access Policy, Remote Access Policy, Confidential Data Policy, Guest Access Policy, Third Party Connection Policy, Outsourcing Policy, and Mobile Device Policy; the South Carolina Act 190 of 2008; the Financial and Identity Theft Protection Act; and the Personal Financial Security Act. Prior to access to the SCDOT network, each person designated by the CONTRACTOR is required to sign an acknowledgment of the DD37 policy requirements.

The CONTRACTOR’s obligations with respect to the provisions of computer use and data confidentiality shall survive termination or expiration of the contract. Without limiting any rights SCDOT may have, and notwithstanding any other term of this contract, the CONTRACTOR agrees that SCDOT may have no adequate remedy at law for a breach of the CONTRACTOR’s obligations under this clause and therefore SCDOT shall be entitled to pursue equitable remedies in the event of a breach.

The CONTRACTOR is responsible for ensuring that it, as well as any subcontractors and subcontractors of any tier, having access to SCDOT electronic data, is required to manage and reduce risk by employing and using good cyber threat preventative measures. CONTRACTOR, subcontractors and subcontractors shall use the National Institute of Standards and Technology’s Risk Management Framework (NIST RMF) as its cybersecurity framework or use other comparable frameworks and standards for cyber security http://iwww.dot.state.sc.us/pdf/departmental_directives/updated/DD37.pdf http://iwww.dot.state.sc.us/pdf/IT_Security_Policies_09042012.pdf protection. CONTRACTOR shall insert a NIST RMF or equivalent framework requirement provision in all subcontract for this Project which require or allow a subcontractor or subcontractor to have access to SCDOT data. CONTRACTOR shall provide SCDOT, upon request, third party certifications to verify implementation of an industry recognized cyber security framework during the Project. Other comparable cyber security frameworks include: NIST RMF; NIST CSF; ISO IES 27001/ISO 27002; SOC 2; IASME Governance; CIS Controls version 7; COBIT 5; FedRAMP; HIPAA; GDPR; FISMA; NERC CIP; HITRUST CSF.

8) SECTION 106: TELECOMMUNICATION AND VIDEO SURVEILLANCE EQUIPMENT:

In accordance with 2 CFR 200.216, Contractors, in the performance of this Contract, are prohibited from procuring or obtaining telecommunication or video surveillance equipment, services, or systems produced by:

• Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

• Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua

Technology Company (or any subsidiary or affiliate of such entities).

9) SECTION 107: Project Bulletin Boards:

In accordance with the Required Contact Provisions Federal-Aid Construction Contracts Section II, Item 3, Part d, add the following:

Single Location Projects – On projects in which work is performed at a single location (such as bridge replacement projects, two-lane to five-lane widening projects, etc.), mount the project bulletin board in a permanent location within the project limits so that it is visible and accessible at all times.

Multiple Location Projects – On projects in which work is being performed or has the capability of being performed at multiple locations (such as resurfacing projects, pavement marking projects, etc.), display a portable bulletin board with at least one of the prime contractor’s work crews. If the prime contractor is not performing work, display the portable bulletin board with at least one of the subcontractor’s work crews.

Display the portable bulletin board in a location and a manner that is acceptable to the RCE. Notify the RCE and all subcontractors as to the location of the portable bulletin board. On resurfacing projects, mount an additional project bulletin board in a permanent location at the asphalt plant supplying asphalt mix to the project so that it is visible and accessible at all times.

10) SECTION 107: FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED:

Attention is directed to this Federal Legislation, which has been enacted into law. The contractor will be responsible for carrying out all of the provisions of this legislation, which may affect this contract.

11) SECTION 107: SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES PERMIT:

South Carolina Department of Environmental Services Permit No. SCR16Z08P.

A copy of the permit is attached and made part of this Contract in Appendix 1. The Contractor shall comply with all provisions and requirements of the permit.

Failure to adequately comply with the provisions of these permits or any other requirements from these permitting agencies will result in the stoppage of all contract operations until corrective actions have been taken.

Fines assessed by these agencies to the Department as the result of the Contractor’s non-compliance or violation of said permit provisions will be paid by the Department and subsequently deducted from the Contractor’s monthly pay estimate.

12) SECTION 107: CARGO PREFERENCE ACT REQUIREMENTS:

(a) Use of United States-flag vessels – General Provisions:

"(1) Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)) at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available.

"(2) Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (a)(1) of this section shall be furnished to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development. Maritime Administration, Washington, DC 20590."

(b) Use of United States-flag vessels - The contractor agrees:

"(1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

"(2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States. a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

"(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract."

13) SECTION 107: REQUIRED MEDIA NOTIFICATION FOR CONSTRUCTION PROJECTS:

SECTION AMENDED:

Contractors are encouraged to co-operate with the news media since all projects are constructed with public funds. Because the scope of this project will cause disruption of normal traffic flow, the Contractor is required to notify the public, in a timely manner, of disruptive activities such as lane closures.

The Contractor is required to utilize area media to accomplish public notification of traffic disruptions.

The Contractor is required to deal directly with the news media and all reasonable efforts should be made to co-operate with the media. However, the safety, security and construction schedule on site should not be disrupted in order to accomplish this. The Contractor may co-ordinate these activities with and receive guidance from the County.

14) SECTION 107: CONTRACT PROVISION TO REQUIRE CERTIFICATION AND COMPLIANCE CONCERNING ILLEGAL

ALIENS

By submission of this bid, the bidder as the prime contractor does hereby agree:

a. to certify its compliance with the requirements of Chapter 14 of Title 8 of the S.C. Code of Laws regarding Unauthorized Aliens and Public Employment;

b. to provide SCDOT with any documents required to establish such compliance upon request; and

c. to register and participate and require agreement from subcontractors and sub-subcontractors to register and participate in the federal work authorization program to verify the employment authorization of all new employees, or to employ only workers who supply the documents required pursuant to S.C.Code 8-14-20(B)(2).

15) SECTION 107: COORDINATION OF UTILITY RELOCATION WORK WITH HIGHWAY CONSTRUCTION:

SECTION AMENDED:

As it is not economically feasible to complete the rearrangement of all utility conflicts in advance of the highway construction, such rearrangements may be underway concurrently with construction with;

Lumen (CenturyLink) - Communications Beaufort Jasper Water & Sewer Authority Sparklight - Communication Dominion Energy – Gas Dominion Energy – power distribution Windstream - communications SEGRA – Communications Comcast – Communications Charter - Communications

It is the responsibility of the Contractor to call Palmetto Utility Protection Service at 811 or 1-888-721-7877 three (3) days prior to work so that existing utilities can be properly marked.

16) SECTION 107: IRAN DIVESTMENT ACT:

By submission of this bid/proposal, the bidder/proposer as the prime contractor/consultant/vendor does hereby certify his compliance to the following:

1. CERTIFICATION: (a) The Iran Divestment Act List is a list published pursuant to Section 11-57-310 that identifies persons engaged in investment activities in Iran. Section 11-57-310 requires the government to provide a person ninety days (90) written notice before he is included on the list. The following representation, which is required by Section 11-57-330(A), is a material inducement for the SCDOT to award a contract to you. (b) By signing your Offer, you certify that, as of the date you sign, you are not on the then-current version of the Iran Divestment Act List. (c) You must notify the SCDOT immediately if, at any time before posting of a final statement of award, you are added to the Iran Divestment Act List.

2. ONGOING OBLIGATIONS: (a) You must notify SCDOT immediately if, at any time during the contract term, you are added to the Iran Divestment Act List. (b) Consistent with Section 11-57-330(B), you shall not contract with any person to perform a part of the Work, if, at the time you enter into the subcontract, that person is on the then-current version of the Iran Divestment Act List.

3. OPTION TO RENEW RESTRICTION: Contractor acknowledges that, unless excused by Section 11- 57-320, if the contractor is on the then-current Iran Divestment Act List as of the date of any contract renewal, the renewal will be void ab initio.

17) SECTION 108: SUBLETTING OF CONTRACTS (SPECIALTY ITEMS):

The following items of work, when not performed by the Prime Contractor, will be designated as Specialty Items in all contracts in which the item does not constitute thirty percent (30%) or more of the original contract value:

Pavement Markings Permanent Roadway Signs Guardrail Signalization Milling Asphalt Pavement Electrical/Lighting Grassing Specialized Retaining Walls Landscaping Fencing Erosion Control Right of Way Surveying Permanent Construction Signs Railroad Track Work Utilities Jacking and Boring Contaminated Soil & Tank Removal Bridge Floor Grooving Bridge Barrier Walls Milled Rumble Strips Traffic Count Stations Buildings Drilled Shafts & Casings Navigational Lighting Pier Fender Systems Sound Barrier Walls

Additional specialty items in this project include:

Curb & Gutter Concrete Sidewalk Concrete Paving Drainage Structures Asphalt Paving Concrete Medians Cleaning, Painting & Rehabilitation of Structural Steel

Removal & Disposal of Existing Structures

18) DIVISION 600: MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES:

The Contractor is advised that all work involving design or installation of traffic control devices, including but not limited to signs, pavement markings, elements of work zone traffic control, signals, etc., shall be in compliance with the FHWA’s Manual on Uniform Traffic Control Devices (MUTCD), latest edition. The latest edition is defined as the edition that the Traffic Engineering Division of SCDOT recognizes as having been officially adopted (Engineering Directive, Memorandum 19) at the time the project is let, unless stated otherwise in the Special Provisions.

19) SPECIAL PROVISION FOR BORROW EXCAVATION

The 2025 SCDOT Standard Specification 203.2.1.8 for Borrow Excavation has been amended for this contract. The borrow excavation shall meet the requirements of A-2-5 Soil Classification or A-2-6 (0) Soil Classification.

Appendix 1

Permits

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, CHARLESTON DISTRICT

69A HAGOOD AVENUE

CHARLESTON, SC 29403-5107

September 21, 2023

Regulatory Division

Mr. Eric Claussen Beaufort County PO Box 1228 Beaufort, South Carolina 29901 eric.claussen@bcgov.net

Dear Mr. Claussen:

This is in response to a Pre-Construction Notification (PCN) (SAC-2020-01663) received on June 9, 2023, and considered complete on July 17, 2023. In submitting the PCN, you requested verification the proposed project is authorized by a Department of the Army (DA) Nationwide Permit (NWP).

The work affecting waters of the United States is part of an overall project known as Laurel Bay Road Pathway, to construct a multi-use pathway. The activities in waters of the United States include the filling of 0.063 acre and the clearing of 0.037 acre of freshwater forested wetland and the piping of 44 linear feet (0.018 acre) of a non-wetland water with double 48” diameter HDPE pipes for the construction of a 10’ wide multi-use pathway. The project involves permanent impacts to not more than 0.081 acre and temporary impacts to 0.037 acre of waters of the United States. The project is located in freshwater wetlands along Laurel Bay Road beginning north of Rugrack Road and ending at Trask Parkway in Beaufort County, South Carolina (Latitude: 32.4537 °, Longitude: -80.7562 °). The PCN also includes the following supplemental information:

a. Drawing sheets 1-6 of 6 titled “Beaufort County Project P042387 Laurel Bay Road (SC-116) SAC-2020-01663" and dated May 22, 2023.

b. A mitigation plan/statement titled "Required Stream Mitigation Credits Table" and dated June 2023.

c. A delineation of wetlands, other special aquatic sites, and other waters.

Based on a review of the PCN, including the supplemental information indicated above, the Corps has determined the proposed activity will result in minimal individual and cumulative adverse environmental effects and is not contrary to the public interest.

Furthermore, the activity meets the terms and conditions of NWP 14 Linear Transportation Projects.

For this authorization to remain valid, the project must comply with the enclosed NWP General Conditions, Charleston District Regional Conditions, and the following special conditions:

a. 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.

b. 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.

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

d. That the permittee shall use only clean fill material obtained from an upland source.

e. That the permittee shall incorporate Best Management Practices (BMPs) during construction to protect adjacent wetlands and Waters of the United States from sediment and erosion during construction. BMPs to be utilized, independently or in combination, may include but are not limited to;

erosion control matting, mulch, silt fences, sediment tubes, and other devices. BMPs shall be maintained until the fill material is stabilized.

f. Prior to beginning the authorized work, the permittee must coordinate with the local NFIP flood plain manager and comply with FEMA requirements. A list of NFIP floodplain managers may be found at:

https://www.dnr.sc.gov/water/flood/index.html.

g. That the permittee understands the Northern Long-Eared Bat, Myotis septentrionalis (NLEB) has been reclassified as Federally Endangered pursuant to the Endangered Species Act of 1973, as amended, with an effective date of March 31, 2023. Furthermore, the permittee understands that if certain activities, including but not limited to tree cutting, limbing, trimming, and/or topping activities associated with this GP verification letter will NOT be completed by April 1, 2024, additional consultation with the US Fish and Wildlife Service (USFWS) may be required and this DA Authorization may be suspended until consultation with USFWS has concluded.

https://www.dnr.sc.gov/water/flood/index.html

h. The permittee recognizes that their commitment to perform and implement the following conditions was a deciding factor in the favorable and timely decision on this permit and recognizes that a failure on their part to both actively pursue and implement these conditions may be grounds for modification, suspension or revocation of this Department of the Army authorization:

1. That as compensatory mitigation for impacts to aquatic resources, the permittee agrees to purchase or debit a total of 229 stream credits from the Palmetto Umbrella Mitigation Bank- Great Swamp Site. At least one half of the required credits [114.5 credits] must be restoration/non-buffer enhancement credits. In addition, no more than one half of the required mitigation credits [114.5 credits] may be preservation credits.

2. That in order to fulfill your responsibility to complete the required compensatory mitigation as set forth in Special Condition h.1, the permittee must submit evidence of the purchase or debit of the required mitigation credits to both the Corps of Engineers and SCDHEC prior to commencement of the authorized work.

This verification is valid until March 14, 2026, 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 14, 2026. 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.

This NWP is verified based on information you provided. It is your responsibility to read the attached NWP(s) along with the General, Regional, and Special Conditions before you begin work. If you determine your project will not be able to meet the NWP and the conditions, you must contact the Corps before you proceed. Enclosed you will also find a copy of the Section 401 Water Quality Certification and Coastal Zone Management special conditions, which are conditions of your authorization under Nationwide Permit NWP 14 Linear Transportation Projects. If you have questions concerning compliance with the conditions of the 401 certification or Coastal Zone Management concurrence, you should contact the South Carolina Department of Health and Environmental Control (SCDHEC).

In all future correspondence, please refer to file number SAC-2020-01663. A copy of this letter is forwarded to State and/or Federal agencies for their information. If you have any questions, please contact Chelsea B. Fannin, Project Manager, at (843) 329- 8038, or by email at Chelsea.B.Fannin@usace.army.mil.

Sincerely, Chelsea B. Fannin Project Manager

Attachments

Permit Drawings NWP 14 Linear Transportation Projects

Nationwide Permit General Conditions Nationwide Permit Regional Conditions 401 Water Quality Certification Coastal Zone Management Consistency Certification Compliance Certification Form

Copies Furnished:

Mr. Cody Conner Infrastructure Consulting & Engineering 110 Midlands Court West Columbia, South Carolina 29169 cody.conner@ice-eng.com

SC DHEC - Bureau of Water 2600 Bull Street Columbia, South Carolina 29201 WQCWetlands@dhec.sc.gov

SC DHEC - OCRM

1362 McMillan Avenue, Suite 400 North Charleston, South Carolina 29405 OCRMPermitting@dhec.sc.gov mailto:WQCWetlands@dhec.sc.gov mailto:OCRMPermitting@dhec.sc.gov

. ..w..-

'ii,, ... ·-· ...

END

PROJECT

APPROXIMATE LOCATION OF ROADWAY IS

BEGIN

LATITUDE 32

27'27.80" N

LONGITUDE ___ 8=0

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Housi

Project Totals:

Tidal Wetland Fill: 0.062 ac (2712.06 sfl

SHEET TITLE

LOCATION MAP

PLAN VIEW

END

LAmUDE 32' 27'37.16" N

Tidal Wetland Clearing: 0.037 ac (1570.92 sfl Non-Wetland Water Pipe:44.00 If (801.37 sf 0.018acl•i----------1

LONGITUDE _ __ 8=0

_4�7�'2=2.�13�"�W� N.T.S.

PROJECT TITLE

BEAUFORT COUNTY

PROJECT P042387

LAUREL BAY ROAD (SC-116)

SAC 2020-01663

DATE: 05-22-23 SHEET No. 1 OF 6 k2rdscbb Permitted Plans

Project Totals:

Tidal Wetland Fill: 0.062 ac (2712.06 sf) Tidal Wetland Clearing: 0.037 ac (1570.92 sf) Non-Wetland Water Pipe:44.00 If 1801.37 sf 0.018acl

APPROXIMATE LOCATION OF ROADWAY IS

BEGIN

LATITUDE 32

27'27.80" N

LONGITUDE __ __,8,,.0c...c 4cc4Ll'0,,_,1=5,.,,2_" .uWc.._

END

LAmUDE 32' 27'37 .1 6" N

LONGITUDE - -�8=0�

4�7�'2=2=.1=3_" �W-

WETLAND E NO IMPACT

BEGIN

PROJECT

APPLICANT

SHEET LEGEND:

PROJECT STUDY AREA

PLAN SHEETS LAYOUT

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WETLAND D NO IMPACT

SHEET TITLE

USACE IMPACT

PLAN VIEW

SCALE: 1" = 1000'

PROJECT TITLE

BEAUFORT COUNTY

PROJECT P042387

LAUREL BAY ROAD

(SC-116) SAC 2020-01663

DATE: 05-22-23 SHEET No. 2 OF 6

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:!: WETLAND

Project Totals:

Tidal Wetland Fill: 0.062 ac (2712.06 sf) Tidal Wetland Clearing: 0.037 ac (1570.92 sf) Non-Wetland Water Pipe:44.00 If 1801.37 sf 0.018acl

APPROXIMATE LOCATION OF ROADWAY IS

BEGIN

LATITUDE 32

27'27.80" N LONGITUDE __ __,8,,.0c...c

4cc4Ll'0,,_,1=5,.,,2_" .uWc__

END

LAmUDE 32' 27'37 .1 6" N

LONGITUDE - -�8=0�

4�7�'2=2=.1=3_" �W-

APPLICANT

WETLAND B NO IMPACT

WETLAND A

SHEET LEGEND:

PROJECT STUDY AREA

PLAN SHEETS LAYOUT

SHEET TITLE

USACE IMPACT

PLAN VIEW

SCALE: 1" = 1000'

r -N-

I

END

PROJECT

PROJECT TITLE

BEAUFORT COUNTY

PROJECT P042387

LAUREL BAY ROAD

(SC-116) SAC 2020-01663

DATE: 05-22-23 SHEET No. 3 OF 6

LEGEND

--- = PROJECT STUDY AREA

--- = PROPOSED DITCH

- = PROPOSED PIPE

- - = LIMITS OF CONSTRUCTION

-JT- = NON-WETLAND WATER

C t

� d1= ,,, WETLAND

::t❖"i\� = PROPOSED PATHWAY

[ _____ ] = EXISTING ROADWAY

= WETLAND FILL IMPACT

� = WETLAND CLEARING IMPACT

- = NON-WETLAND WATER IMPACT

�,/ Wetland C r Fill Impact 0,019 acres (843.41 sQ

APPLICANT

! Wetland C

I Clearing Impact 0.031 acres (1340,16 sQ

I

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SHEET TITLE

USACE IMPACT

PLAN VIEW

SCALE: 1" = 100'

·N·

Sheet Intals· Tidal Wetland Fill: 0.019 ac (843.41 sfl Tidal Wetland Clearing: 0.031 ac (1340.16 sfl Non-Wetland Water Pipe: 0.000 H (0.00 sf0.00 ac)

PROJECT TITLE

BEAUFORT COUNTY

PROJECT P042387

LAUREL BAY ROAD (SC-116)

SAC 2020-01663

DATE: 05-22-23 SHEET No. 4 of 6

Pipe Impact 44 If 1--"-\

(801.37 sf, 0.018 ac)

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LEGEND

--- = PROJECT STUDY AREA

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- = PROPOSED PIPE

-- = LIMITS OF CONSTRUCTION

-JT- = NON-WETLAND WATER

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WETLAND

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PROPOSED PATHWAY

= EXISTING ROADWAY

= WETLAND FILL IMPACT

= WETLAND CLEARING IMPACT

= NON-WETLAND WATER IMPACT

------ _J .. ----- ----- -- I Wetland A

; r-:-----Fifi Impact 0.043 acres � "' •- "' , (1868.65 sD ,., ,., � "'

I Wetland A Clearing Impact 0.006 acres (240.76 sf)

APPLICANT

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SHEET TITLE

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PLAN VIEW

SCALE: 1" = 100'

Sbaal Iatals· Tidal Wetland Fill: 0.043 ac (1868.65 sfl Tidal Wetland Clearing: 0.006 ac (230.76 sfl Non-Wetland Water Pipe: 44.00 H (801.37 sf0.018 ac)

PROJECT TITLE

BEAUFORT COUNTY

PROJECT P042387

LAUREL BAY ROAD (SC-116)

SAC 2020-01663

DATE: 05-22-23 SHEET No. 5 of 6

I FED.RD. STATE COUNTY PROJECT I) R�6.

ROUTE I SHEET

CW.NO, NO,

I 3 SC BEAUFORT P042387 SC-116 I X1

80 60 40 20 � 20 40 60 80 s'n �$ I '<11

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SHEET TITLE

LEGEND

t A WETLAND FILL IMPACT

USACE IMPACT

1/ /ZZ5 WETLAND CLEARING IMPACT

CROSS SECTION SHEET

NON-WETLAND WATER IMPACT

BEAUFORT COUNTY

PROJECT P042387

LAUREL BAY ROAD (SC-116)

SAC 2020-01663

SCALE: 1" = 10' HORIZONTAL

1" - 5'VERTICAL DATE: 05-22-2023 SHEET No. 6 of 6

14. Linear Transportation Projects. Activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, driveways, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non-tidal waters, the discharge of dredged or fill material cannot cause the loss of greater than 1/2-acre of waters of the United States. For linear transportation projects in tidal waters, the discharge of dredged or fill material cannot cause the loss of greater than 1/3-acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project.

This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges of dredged or fill material, 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.

Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate.

This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds 1/10-acre; or (2) there is a discharge of dredged or fill material in a special aquatic site, including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404)

Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d).

Note 2: Some discharges of dredged or fill material for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4).

Note 3: For NWP 14 activities that require pre-construction notification, the PCN must include any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require Department of the Army authorization but do not require pre-construction notification (see paragraph (b)(4) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, “District Engineer’s Decision.” The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23).

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 or her 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.