Net River Dam Modernization Addendum 3.pdf

DTMB-0414 (Rev 6/25)

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND

BUDGET

State Facilities Administration Design & Construction Division

CONSTRUCTION BID ADDENDUM NO. 3

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

TO:

ALL BIDDERS

DATE ISSUED

3/12/2026

PROJECT NAME

Net River Dam Modernization and Restoration Net River Dam Rd Baraga County, MI

FILE NUMBER

751/23128. TAP

PROFESSIONAL

GEI Consultants of Michigan, P.C.

PROJECT DIRECTOR

Thomas Pawlowski

BID OPENING DATE:

3/18/2026 4/1/2026

ADDENDUM ITEMS: 1. Revised Project Documents

2. DRAFT Conditional EGLE Joint Permit

All Bidders submitting a Bid on the above Contract shall carefully read this Addendum and give it consideration in the preparation of their Bid.

Contractor shall list all addenda on the Bid Form to ensure conformity in the bid.

Drawings, Specifications and/or Proposals are herein amended, expanded and/or modified, as hereinafter described, and become a part of the Contract Documents with same force and affect as if incorporated, therein, originally. Any contrary provisions contained, or referred to, in Drawings and/or Specifications, shall remain applicable unless overridden by this Addendum. Revised or contrary provisions herein shall not affect any other part of Contract Documents and any deletions, additions, substitutions and/or revisions mentioned, shall include all labor, materials, methods, modifications, etc. required for complete performance of the work.

The following are revisions to the Bidding and Contract Requirements:

GENERAL:

1. DRAFT Conditional EGLE Joint Permit

DRAWINGS:

1. N/A

PROJECT MANUAL:

1. 00030-1: Updated bid opening date to April 1, 2026.

2. 00110-1: Updated requests to name additional materials or equipment by Addenda and bidder inquiries to the Engineer date to March 25, 2026.

3. 00300-1: Updated bid opening date to April 1, 2026.

ADDITIONAL KEY INFORMATION:

1. The attached DRAFT Conditional EGLE Joint Permit includes terms relating to mitigation of wetland impacts (Limitation Item X.26 in its entirety). This scope is not included in this contract and will be completed by the Owner.

Bidder shall acknowledge receipt of this Addendum at the bottom of the Bid Summary form to be submitted as part of the greater bid.

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

PROFESSIONAL: DATE: 3/12/2026

APPROVED BY:

PROJECT DIRECTOR: DATE: Tom Pawlowski 3-12-2026

STATE OF MICHIGAN (OWNER AND CONTRACTOR) ADVERTISEMENT

MICHSPEC DTMB 00030 - 1 (R 11/25)

SECTION 00030 ADVERTISEMENT

1. Invitation to Bid (ITB) − Your firm is invited to submit a Bid. The State of Michigan as the Owner will receive bids electronically through the SIGMA VSS website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService until 2:00 p.m., ET, on 4/1/2026.

The State reserves the right to cancel this Invitation to Bid (ITB) or change the date and time for submitting Bids by announcing same at any time before the established date and time for Bid opening. Bids must remain open for acceptance by the Owner for no less than the Bid hold period. Contractor may agree to extend the Bid hold period. However, any such extension must be based upon no increase in the Bid Price and/or Contract Time.

2. Work Description − The Work, the Net River Modernization and Restoration, File No. 751/23128.TAP includes, but is not necessarily limited to inlet structure modifications, excavation/demolition of failed CMP culverts, steel trash rack and operator walkway modifications, installation of stainless steel vertical slide gates, precast concrete box culvert installation, and embankment reconstruction. The site is located at Net River Dam Rd off US-141 in Baraga, County, as shown on the Drawings.

3. Bidding Documents − Sets of Bidding Documents may be obtained at:

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

4. Bid Security − Each Bid shall enclose Bid Security, as specified in Section 00100 Instructions to Bidders (and as specified in Section 00310 Bid Bond, if a Bid Bond is enclosed), in the amount of five percent (5%) of the Bidder's Base Bid. If Bid Security is by check or money order, such certified or cashier’s check or money order must be delivered in original copy before the Bid Due Time to:

State Facilities Administration Design & Construction Division

3111 W. St. Joseph Street Lansing, Michigan 48917

All other Bid information must be submitted via SIGMA as per standard bidding procedure.

5. Pre-Bid Conference − A mandatory ☒ voluntary ☐ pre-bid conference will be held virtually on Microsoft Teams on 2/13/2026 at 1:00 pm ET. Please email your company name, name of person attending, and contact phone number to GEI at jpieti@geiconsultants.com by no later than 3:00 P.M. EST one day prior to the conference call to receive an invite to the bid meeting. A tour of the site will ☐ will not ☒ be held concurrently. All prospective Bidders and other parties interested in the Work are required ☐ encouraged ☐ to attend the tour, if held. Addenda may be issued, in response to issues raised at the pre-bid conference and tour, or as the Owner and/or Professional may otherwise consider necessary.

An individual is only permitted to represent one bidder at a mandatory Pre-Bid Conference.

FOR CORRECTIONAL FACILITIES ONLY: All contractor/vendor representatives attending a Pre-Bid Walk Through Meeting must submit a Vender/Contractor LEIN Request five business days prior to the meeting date, (Lien Request For CAJ-1037 attached to Bid posting). Send the LEIN Request form, filled out and signed, by email to SmithD76@michigan.gov & FrostS1@michigan.gov. The email “Subject” must include (Facility Name, Project Name, Date & Time of Pre-Bid Walk Through Meeting).

6. SIGMA VENDOR NUMBER: If you are bidding a State job for the first time, visit the State of Michigan SIGMA website, https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService, and follow the “SOM VSS User Guide for New Vendors” instructions, located under Forms and Reference Documents. Registration is required for bid submission. Do not wait until the last minute to submit a proposal, as the SIGMA system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The SIGMA system will not allow a proposal to be submitted after the proposal deadline, even if a portion of the proposal has been updated.

Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 373-4111 or

(888) 734-9749.

7. Equal Employment Opportunity − Covenants not to discriminate in employment by contractors, subcontractors and suppliers required by Law are contained in paragraph 14.12 of Section 00100 Instructions to Bidders and paragraph 7.12 of Section 00700 General Conditions and are applicable to the Work and any Sub agreement under the Contract.

8. Contract Times − The Contract Times and the associated liquidated damages are specified in Article 4 of Section 00500 Agreement.

9. Contact Person − All requests or inquiries concerning the Bidding Documents, or the Work shall be addressed to Jacob Pieti, GEI Consultants of Michigan, P.C., jpieti@geiconsultants.com.

10. Award − Subject to any agreed extension of the period for holding Bids, Bids shall remain valid for acceptance by the Owner for sixty (60) Calendar Days after the date of Bid opening. In addition, the Owner expressly reserves the right, within the Owner's sole discretion, to reject any or all Bids, to waive any irregularities, to issue post-Bid Addenda and rebid the Work without re-advertising, STATE OF MICHIGAN (OWNER AND CONTRACTOR) ATTACHMENT A TO SECTION 0100

MICHSPEC DTMB 00110 - 1 (R 11/25)

ATTACHMENT A TO SECTION 00100 − BIDDER’S CHECK LIST

PROFESSIONAL − GEI Consultants of Michigan, P.C.

WORK − Net River Dam Modernization and Restoration FILE No. − 751/23128.TAP

BEFORE BID OPENING:

3/25/2026 − Due date for delivery to the Professional of written proposals seeking to have the Professional consent to naming additional materials or equipment by Addenda. (Reference: Section 00100, Paragraph 7.2).

3/25/2026 − Bidder inquiries received after this date will not be answered, unless answered through Addenda issued at least seventy-two (72) hours before Bid opening (Business Days only), the Bid opening is postponed by Addendum, or the Work is rebid following post-Bid Addenda. (Reference: Section 00100, paragraph 4.1).

CONTENTS SHALL BE UPLOADED AS A PDF DOCUMENT TO/THROUGH SIGMA VSS (ITEMS 1 THROUGH 5.5 BELOW):

NOTE 1: THE BIDDER SHALL USE THE BID SUMMARY, BID FORM AND BID FORM ATTACHMENTS INCLUDED WITH THE BIDDING DOCUMENTS, UNLESS REVISED BY ADDENDUM, IN WHICH CASE THE LATEST REVISION OF THE BID

SUMMARY, BID FORM AND/OR BID FORM ATTACHMENTS ISSUED BY ADDENDUM SHALL BE USED.

NOTE 2: THE BIDDER IS NOT REQUIRED TO INCLUDE THE PROJECT MANUAL OR DRAWINGS IN THE PDF BID DOCUMENT PACKAGE UPLOADED TO SIGMA VSS, ONLY THE COMPLETED BID SUMMARY, BID FORM AND BID FORM ATTACHMENTS!

☐ 1. Completed Bid Summary provided with Section 00300 Bid Form.

☐ 2. Completed Section 00300 Bid Form, which requires (a) completing the acknowledgment of Addenda in paragraph 2.1, (b) filling out Article 6 Bid Schedule and, if any prices are designated, completing Article 7 Change Order Prices, and (c) completing Article 8, that is, entering the date the Bid is submitted, completing paragraphs 8.1 through 8.4, and, if the Bidder is a joint venture, paragraph 8.5, and signing, as appropriate, in the spaces provided.

☐ 2.1 Completed Certificate of Principal or other equivalent acceptable certificate or authorization document, which certificate shall be attached to the completed Section 00300 Bid Form.

☐ 3. If the Bid includes a Bid Bond, ensure that the surety is authorized to do business in the State by the Department of Licensing and Regulatory Affairs – Insurance Bureau and is listed on the current U.S. Department of the Treasury Circular 570. Also, ensure that the completed Section 00310 Bid Bond is dated, is signed by both the Bidder and surety, and attaches Power of Attorney. If the Bid includes a certified or cashier's check or money order, that check, or money order shall be delivered in original copy before the Bid Due Time to:

State Facilities Administration Design & Construction Division

3111 W. St. Joseph Street

All other Bid information must be submitted via SIGMA as per standard bidding procedure.

☐ 4. Completed Section 00320 Non-collusion Affidavit and if applicable, completed Section 00330 Asbestos Abatement Attestation.

☐ 5. Qualified Disabled Veterans Preference Documentation (if preference requested).

☐ 5.1 DD 214 – Proof of Service/Discharge.

☐ 5.2 Veterans Administration Rating Decision Letter – Proof of Disability, if not indicated in the DD 214.

☐ 5.3 Legal Proof of 51% QDV Ownership ☐ 5.4 Byrd Anti-Lobbying Certification (Only when Federal Provisions Addendum is included) ☐ 5.5 State Project Registration (SPR) for the Contractor and subcontractors (if applicable pursuant to

2023 PA 10, as amended, MCL 408.1101 et seq.)

☐ 6. Dewatering work plan (See Section 00120 Supplementary Instructions).

This Bidder’s Check List is provided solely to aid the Bidder in submitting a Bid. It shall not be relied on to include all items necessary to insure a complete Bid. The Bidder is solely responsible for including all items as required by the Bidding Documents, including any items required by Addenda, which may not be listed in this Bidder’s Check List.

END OF ATTACHMENT A TO SECTION 00100

STATE OF MICHIGAN (OWNER AND CONTRACTOR) BID SUMMARY

MICHSPECÔ DTMB 00300 - 1 (R 11/25)

SECTION 00300 − BID SUMMARY

BID SUMMARY

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

STATE FACILITIES ADMINISTRATION

DESIGN AND CONSTRUCTION DIVISION

3111 W. St. Joseph Street

Bids must be submitted electronically through the SIGMA VSS website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService

FILE NUMBER

751/23128.TAP

DEPARTMENT/AGENCY

Michigan Department of Natural Resources

CONTRACT TIME(S)

Substantial Completion by:

December 1, 2026

PROJECT NAME

Net River Dam Modernization and Restoration

LOCATION

Baraga County, MI

BID OPENING DATE

April 1, 2026 at 2:00 pm ET

FOR AN EXAMINATION OF THE SITE CONTACT:

Bill Scullon, MDNR

(906) 563-9247 Office Scullonh@michigan.gov

SEE SECTION 00100 INSTRUCTIONS TO BIDDERS AND SECTION 00700 GENERAL CONDITIONS PROVIDED WITH THE BIDDING DOCUMENTS.

BID: WE PROPOSE TO FURNISH, PERFORM AND COMPLETE THE ENTIRE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS IN

CONSIDERATION OF THE BID PRICE (S) STATED BELOW.

FIRM NAME AND COMPLETE ADDRESS TELEPHONE NUMBER and E-MAIL ADDRESS

□ Qualified Disabled Veteran

SIGMA VENDOR NUMBER

(protected information required for processing payments)

BIDDER'S SIGNATURE AND TITLE DATE

WITNESS' SIGNATURE DATE

By signing this bid above, bidder certifies their enclosed Qualified Disabled Veteran and Michigan-Based Business Certifications.

BASE BID FROM BID SCHEDULE (Include specified Allowances):

____________________________________________________________________________Dollars $____________________ (use words) (in figures)

Alternate1: (Add/Subtract) ______________________________________________________ Dollars $ ____________________ (use words) (in figures)

Alternate 2: (Add/Subtract) ______________________________________________________Dollars $ ____________________ (use words) (in figures)

Alternate 3: (Add/Subtract) ______________________________________________________Dollars $ ____________________ (use words) (in figures)

A PERFORMANCE BOND AND A PAYMENT BOND ARE REQUIRED FOR ALL BIDS OVER $50,000.00. EACH BID MUST BE ACCOMPANIED BY A FIVE (5) PERCENT BID GUARANTEE. BUILDER’S RISK INSURANCE IS REQUIRED TO BE PROVIDED BY THE CONTRACTOR UNLESS

OTHERWISE INDICATED IN THE BID DOCUMENTS.

BIDDERS ARE ALSO CAUTIONED TO FAMILIARIZE THEMSELVES WITH ALL OF THE OTHER CONDITIONS OF THE CONTRACT.

Project Scope of Work:

The Net River Dam Modernization and Restoration Project includes, but is not necessarily limited to, inlet structure modifications, excavation/demolition of failed CMP culverts, steel trashrack and operator walkway modifications, installation of stainless-steel vertical slide gates, precast concrete spillway installation, downstream concrete spillway apron slab, and embankment reconstruction.

MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

WATER RESOURCES DIVISION

PERMIT

Issued To:

Michigan Department of Natural Resources 427 US-41 North Baraga, Michigan 49931

Permit No: WRP047169 v.1 Submission No.: HQ2-44YA-QCT1E Site Name: Net River Dam Issued: PENDING Revised:

Expires: PENDING

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

specifically:

Part 301, Inland Lakes and Streams Part 323, Shorelands Protection and Management Part 303, Wetlands Protection Part 325, Great Lakes Submerged Lands Part 315, Dam Safety Part 353, Sand Dunes Protection and Management Part 31, Water Resources Protection (Floodplain Regulatory Authority)

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

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

Authorized Activity:

Conditional:

Replace the damaged corrugated metal pipe (CMP) spillway outlet and remove the temporary bypass channel by reconstructing the earthen embankment to restore the compromised dam structure to an operable condition. The proposed improvements include upgrading the stoplog and operator access system, repairing the existing concrete intake structure, replacing the damaged CMP outlet structure, and reconstructing the earthen embankment of the Net River Dam to allow river flows to be safely managed at the dam while restoring the normal impoundment level.

Michigan Department of Natural Resources 2 WRP047169 v.1

The proposed project would include excavation of approximately 8,623 cubic yards of material and placement of approximately 7,338 cubic yards of fill and/or structures below the Ordinary High-Water Mark of the Net River and Net River Dam impoundment and excavation of approximately 7,430 cubic yards of material and placement of approximately 9,820 cubic yards of fill within the 100-year floodplain of the Net River; impacting approximately 400 acres of impoundment area and 200 linear feet of Net River channel and adjacent floodplains.

Compensating cut of 1,040 cubic yards of material from the floodplain is proposed to mitigate for proposed floodplain fills.

The project would also include dredging of approximately 103 cubic yards of material and placement of approximately 386 cubic yards of fill in existing wetland areas, impacting 0.3 acres of wetlands, including 0.1 acres of permanent impacts and 0.2 acres of temporary impacts. Mitigation of 3.89 acres of wetland impacts resulting from refilling of the impoundment following a prolonged drawdown is proposed via preservation of 45.1 acres of nearby wetland areas. Downstream flows would be maintained through all aspects of construction and impoundment refilling.

Waterbody Affected: Net River Property Location: Baraga County, Covington Township, Town 47N /Range 34W /Section 35

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

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

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

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

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

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

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

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

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

I. Permittee shall notify EGLE within one (1) week after the completion of the activity authorized by this permit by completing and forwarding the attached EGLE Notice of Completion Card.

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

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

L. In issuing this permit, EGLE has relied on the information and data that the permittee has provided in connection with the submitted application for permit. If, subsequent to the issuance of a permit, Michigan Department of Natural Resources 3 WRP047169 v.1 such information and data prove to be false, incomplete, or inaccurate, EGLE may modify, revoke, or suspend the permit, in whole or in part, in accordance with the new information.

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

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

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

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

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

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

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

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

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

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

Michigan Department of Natural Resources 4 WRP047169 v.1

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

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

1. Authority granted by this permit does not waive permit or program requirements under Part 91 of the NREPA or the need to acquire applicable permits from the CEA. To locate the Soil Erosion Program Administrator for your county, visit Michigan.gov/EGLE/about/organization/water-resources/soil-erosion/sesc-overview and select “Soil Erosion and Sedimentation Control Agencies”.

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

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

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

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

6. The 100-year floodplain elevation of the West Branch Net River under proposed conditions is 1,541.5 feet North American Vertical Datum of 1988 (NAVD 88). All temporary storage and staging areas shall be above this elevation, and all materials remaining upon completion of the project shall be immediately removed to outside of the floodplain.

7. The Phase I cofferdam shall be entirely removed prior to construction and placement of the Phase II cofferdam.

8. No in-water work allowed October 1 through May 15, or until ice-out occurs, whichever comes first, to protect fish spawning and rearing habitat.

9. Prior to the initiation of any permitted construction activities, a sedimentation barrier (e.g., silt fence, straw bale barrier, etc.) shall be constructed immediately down gradient of the construction site. Sedimentation barriers shall be specifically designed to handle the sediment type, load, water depth, and flow conditions of each construction site throughout the anticipated time of construction and unstable site conditions. The sedimentation barrier shall be maintained in good working order throughout the duration of the project. Upon project completion, the accumulated materials shall be removed and disposed of at an upland (i.e., non-wetland, non-floodplain, non-bottomland) site and stabilized with seed and mulch. The sedimentation barrier shall then be removed in its entirety and the area restored to its original configuration and cover. In the event there is a problem with the sedimentation barrier, and a failure to contain the sediments from leaving the project site, the project shall be immediately stopped, evaluated, and appropriate measures shall be taken to stop the release of sediments/turbidity. The permittee, agent or contractor shall immediately notify the EGLE representative, Matt Lubejko, via phone or email at 906-250-3115 or LubejkoM@Michigan.gov, on the turbidity curtain failure and the measures being taken to stop the release of sediments/turbidity.

10.All raw areas in uplands resulting from the permitted construction activity shall be effectively stabilized with sod and/or seed and mulch (or other technology specified by this permit or project plans) in a sufficient quantity and manner to prevent erosion and any potential siltation https://www.michigan.gov/egle/about/organization/water-resources/soil-erosion/sesc-overview mailto:LubejkoM@michigan.gov

Michigan Department of Natural Resources 5 WRP047169 v.1 to surface waters or wetlands. Temporary stabilization measures shall be installed before or upon commencement of the permitted activity and shall be maintained until permanent measures are in place. Permanent measures shall be in place within five (5) days of achieving final grade.

11.Exposed streambanks resulting from this construction shall be stabilized with temporary measures in accordance with appropriate Best Management Practices based on site conditions, and if necessary, may be riprapped extending above the ordinary high-water mark, to provide adequate erosion protection. Temporary stabilization measures shall be maintained until permanent measures are in place. All other exposed slopes, ditches, and other raw areas draining directly to the stream may be protected with riprap, sod and/or seed and mulch as may be necessary to provide effective erosion protection. The placement of riprap shall be limited to the minimum necessary to ensure proper stabilization of the side slopes and fill in the immediate vicinity of the structure.

12. If the project, or any portion of the project, is stopped and lies incomplete for any length of time other than that encountered in a normal work week, every precaution shall be taken to protect the incomplete work from erosion, including the placement of temporary gravel bag riprap, temporary seed and mulch, or other acceptable temporary protection.

13.No work shall be done in the stream during periods of above-normal flows except as necessary to prevent erosion.

14.Dredged material, including organic and inorganic sediment, vegetation, and other material removed from bottomlands, shall not be placed in any wetland, floodplain or critical dune, or below the ordinary high-water mark of any inland lake, Great Lake, or stream. Dredged material placed on upland shall be stabilized in such a manner to prevent erosion of any material into any waterbody, including wetlands, or floodplain.

15.Prior to commencement of any dredging authorized by this permit, the entire dredged area shall be enclosed with a turbidity curtain to prevent off-site siltation. The turbidity curtain shall be installed to extend from the bed of the waterbody to a point above the existing water's surface. The turbidity curtain shall be maintained for the duration of the project and shall be left in place after completion of dredging until all disturbed sediments have settled. In the event there is a problem with the turbidity curtain and a failure to contain the sediments from leaving the project site, the project shall be immediately stopped, evaluated, and appropriate measures shall be taken to stop the release of sediments/turbidity. The permittee, agent or contractor shall immediately notify the Pollution Emergency Alerting System (PEAS) at 1-800-292-4706 and EGLE representative, Matt Lubejko, via phone or email at 906-250-3115 or LubejkoM@Michigan.gov, on the turbidity curtain failure and the measures being taken to stop the release of sediments/turbidity.

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

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

18.All riprap shall be installed such that it does not narrow the stream or interfere with flows into or out of the structure (culvert or bridge).

19.No fill, excess soil, or other material shall be placed in the 100-year floodplain, or any wetland or surface water area not specifically authorized by this permit, its plans, and specifications.

mailto:LubejkoM@michigan.gov

Michigan Department of Natural Resources 6 WRP047169 v.1

20.During removal or repair of the existing structure, every precaution shall be taken to prevent debris from entering any watercourse. Any debris reaching a watercourse during the removal and/or reconstruction of the structure shall be immediately retrieved from the water. All material shall be disposed of in an acceptable manner consistent with local, state, and federal regulations.

21.During work on the damaged culvert, and until the site is stabilized, the stream shall be blocked off with clean stone, gravel bags, or other acceptable materials, and the water pumped around the crossing. Water shall be discharged into the watercourse with appropriate treatments to remove suspended particles and to dissipate energy. An extra pump shall be kept on site in the event of failure.

22.All construction shall be in accordance with the plans labeled “Net River Dam Modernization and Restoration” and specifications prepared by GEI Consultants, dated February 2, 2024.

Construction activity must be done under the supervision of a licensed professional engineer.

This is in compliance with Part 315 of the NREPA.

23.The permittee shall furnish a written statement from a professional engineer, certifying that he has supervised the construction of the dam and that it was constructed in accordance with the plans and specifications approved by the WRD, EGLE.

24.The permittee shall submit a final engineering report to the Dam Safety Unit, WRD, which shall include, but not be limited to, documentation of the extent of construction, results of construction material testing, soil boring logs, test pit data collection, summaries of instrumentation monitoring for the construction, and other pertinent project information. The report shall also include a set of final project drawings documenting the extent of construction, signed and sealed by a professional engineer licensed in the State of Michigan.

25.Final approval of the dam construction will not be granted until a site inspection by EGLE has confirmed that the dam has been removed in accordance with the approved plans and specifications.

26.The permittee shall, as a primary condition of this permit, mitigate the loss of 3.89 acres of wetland, consisting of 2.89 acres of emergent, and 1.0 acres of scrub-shrub wetland. The authorization granted by this permit is contingent upon the completion of mitigation as follows:

a. The permittee shall preserve approximately 45.1 acres of wetland by placing 80 acres of land into permanent conservation easement as shown on the attached site plan(s).

b. The permittee shall ensure that the wetland preservation is completed, the conservation easements are recorded, signs are posted, short-term management activities are completed, baseline conditions are documented, an adequate long-term management plan has been established, and all other mitigation actions are performed as required to comply with the requirements and conditions of this permit. The permittee shall execute a conservation easement over all wetland preservation areas in a form identical to the conservation easement model on EGLE’s Web page at Michigan.gov/Wetlands. The original executed conservation easement and associated exhibits must be sent to EGLE for review and recording prior to commencement of any permitted work or within 60 days of the issuance of this permit, whichever occurs first. Send to: Conservation Easement Coordinator, EGLE, Water Resources Division, P.O. Box 30458, Lansing, Michigan, 48909, with a copy of the executed easement mailed to the District Office.

The permittee may request a permit revision in writing to extend the deadline for submittal of the conservation easement. Such permit revision shall be considered a minor permit revision pursuant to Section 30313b and must be accompanied by the appropriate fee. An acceptable executed conservation easement must be submitted to EGLE by the permittee prior to commencement of any permitted work within regulated areas.

https://www.michigan.gov/egle/about/organization/water-resources/wetlands

Michigan Department of Natural Resources 7 WRP047169 v.1

The permittee shall provide the following documentation of ownership for mitigation site.

This documentation must be submitted with the original executed conservation easement to the address above.

i. An analysis of proper chain of title, exceptions in the title insurance, and identification of any known environmental defects, ownership of mineral, oil, gas, and timber rights, or any encumbrances that would interfere with the conservation easement based on review of the title history and other records.

ii. A 50-year title chain of title history including copies of all deeds, encumbrances, easements, severed mineral rights, and other pertinent documents.

iii. A written statement from the property owner that there are no easements, encumbrances, or transfers of the property, in whole or in part, not disclosed in the title search or ownership history.

iv. Subordination of any property interest (e.g., mineral rights, mortgages, easements) that would interfere with establishment and protection of the conservation easement.

v. If the property owner is a company, documentation that the person executing the conservation easement has the authority to convey land on behalf of the company.

The conservation easement boundaries shall be demarcated by the placement of signage along the perimeter. The signage shall be placed at an adequate frequency, visibility, and height for viewing, made of a suitable material to withstand climatic conditions, and should be replaced as needed. The signage shall include the following bolded language:

WETLAND CONSERVATION EASEMENT

NO CONSTRUCTION OR PLACEMENT OF STRUCTURES ALLOWED.

NO MOWING, CUTTING, FILLING,

DREDGING OR APPLICATION OF CHEMICALS ALLOWED.

MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES AND ENERGY

Except as otherwise provided by this permit or approved in writing by EGLE, the following activities are prohibited in perpetuity within the mitigation area: alteration of topography, creation of paths, trails, or roads; placement of fill, dredging, or excavation; drainage of surface or groundwater; construction or placement of any structure; plowing, tilling, or cultivating the soils or vegetation; cutting, removal, or alteration of vegetation; including the planting of non-native plant species; construction of unauthorized utility or petroleum lines;

storage or disposal of garbage, trash, debris, abandoned equipment; accumulation of machinery or other waste materials; use or storage of off-road vehicles; placement of billboards or signage; or the use of the wetland for the discharge of storm water (except as otherwise allowed in this permit).

c. The permittee shall submit the baseline report to EGLE by June 15, 2026. The baseline report shall include a land use history, a wetland delineation, a current aerial photo, and a plan view. The plan view should include identification of property lines, natural features (streams, endangered plants or animals, etc.), existing and adjacent land uses (roads, utility lines, structures, vegetation management areas, trails, etc.), areas of invasive species, and other anthropogenic influences (stormwater, etc.). The baseline report shall also identify primary threats to the site, and short-term management activities to address those threats.

d. The permittee shall submit a long-term management plan for all wetland preservation areas to EGLE for approval by June 15, 2026. The long-term management plan shall include provisions for monitoring, placement and maintenance of signage and fencing, periodic

Michigan Department of Natural Resources 8 WRP047169 v.1 inspection of the site, removal of trash and debris, control of invasive species, annual reporting, and any other site-specific management practices. The permittee shall provide a written commitment to implement long-term stewardship actions in accordance with the long-term management plan.

This permit shall become effective on the date of EGLE representative's signature. Upon signing by the permittee named herein, this permit must be returned to EGLE's, WRD, Dam Safety Unit, for final execution.

Permittee hereby accepts and agrees to comply with the terms and conditions of this permit.

X Permittee Date

X Printed Name and Title of Permittee

Issued By:

Michael Size Dam Safety Unit Water Resources Division 989-619-4295 cc: Covington Township Clerk Baraga County Clerk Baraga County Drain Commissioner Baraga County Health Department Baraga County Conservation District Baraga County CEA Jake Pieti, P.E., GEI Consultants Jay Wesley, MDNR – Fisheries Division Jennifer Johnson, MDNR – Fisheries Division John DePue, MDNR – Wildlife Division Amy Lounds, EGLE Anne Garwood, EGLE Luke Trumble, P.E., EGLE Ryan McCone, EGLE Linda Hansen, P.E., EGLE Matt Lubejko, EGLE