Technical_Specifications_.pdf

M0247/4/3/23 TOC-1 Table of Contents

Union Pond Dam Spillway Rehabilitation

Town of Manchester

Manchester, CT

Table of Contents

Section Title

Number of Pages

Division 0 – Bidding and Contract Requirements

00410 Form for General Bid 6

Attached Permits

CTDEEP Dam Safety Permit 10

CTDEEP Pre-Construction Notification 18

USACE Authorization 19

Division 1 – General Requirements

01110 Summary of Work 3

01140 Work Restrictions 2

01290 Application and Certificate for Payment 6

01295 Schedule of Values 1

01310 Coordination 3

01320 Construction Photographs 1

01325 Scheduling of Construction 3

01330 Submittal Procedures 10

01350 Health and Safety Plan 5

01420 References 2

01450 Quality Control 2

01451 Independent Testing Services 4

01510 Temporary Utilities 2

01520 Construction Facilities 1

01560 Temporary Barriers 2

01570 Temporary Controls 3

01571 Control of Water 3

01600 Product Requirements 3

01630 Product Substitution During Construction 2

01720 Field Engineering 2

01725 Preservation and Restoration of Project Features 3

01770 Closeout Procedures 2

Division 2 – Site Construction

02075 Geosynthetics 3

Data Sheet DS-1

02200 Site Preparation 2

02225 Selective Demolition 5

02315 Excavation, Backfill, Compaction and Dewatering 7

M0247/4/3/23 TOC-2 Table of Contents

Union Pond Dam Spillway Rehabilitation

Town of Manchester

Manchester, CT

Table of Contents

Section Title

Number of Pages

02320 Borrow Material 5

02670 Construction in Wetlands 2

02921 Vegetative Support Material 2

02922 Hydroseeding and Mulching 5

Division 3 – Concrete

03100 Concrete Forms and Accessories 7

03200 Concrete Reinforcement 4

03300 Cast-in-Place Concrete 19

03930 Concrete Repair 8

Division 7 – Thermal and Moisture Protection

07920 Joint Sealants 7

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DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS

SECTION 00410

BID FORM

Tighe&Bond

M0247/04/03/23 00410-LS-1 Form for General Bid

SECTION 00410

FORM FOR GENERAL BID

PROJECT IDENTIFICATION:

Union Pond Dam Spillway Rehabilitation

TABLE OF ARTICLES

1. Bid Recipient

2. Bidder’s Acknowledgements

3. Bidder’s Representations

4. Bidder’s Certifications

5. Basis of Bid

6. Time of Completion

7. Attachments to This Bid

8. Bid Submittal

ARTICLE 1 - BID RECIPIENT

1.1 This Bid is submitted to:

Town of Manchester 41 Center Street

P.O. Box 191 Manchester, CT 06045

1.2 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 - BIDDER’S ACKNOWLEDGEMENTS

2.1 Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitation, those dealing with the disposition of Bid deposit. The Bid will remain subject to acceptance for 30 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 - BIDDER’S REPRESENTATIONS

3.1 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents and hereby acknowledges the receipt of all Addenda.

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

M0247/04/03/23 00410-LS-2 Form for General Bid

C. Bidder is familiar with and has satisfied itself as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 - BIDDER’S CERTIFICATION

4.1 Bidder certifies that Bidder is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work, that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee.

4.2 Bidder certifies that, under penalty of perjury, Bidder is not presently debarred from doing public construction work in the State of Connecticut under the provisions of Section 31-53a of the Connecticut General Statutes or any other applicable debarment provisions of any other chapter of the General Statutes or any rule or regulation promulgated thereunder; and is not

M0247/04/03/23 00410-LS-3 Form for General Bid presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

4.3 Bidder hereby certifies under the penalties of perjury, to the best of Bidder’s knowledge and belief, that Bidder has filed all State tax returns and paid all State taxes required by law.

4.4 Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

4.5 Bidder certifies that Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

4.6 Bidder certifies that Bidder has not solicited or induced any individual or entity to refrain from bidding.

4.7 Bidder certifies that Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph:

A. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

B. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of the Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

C. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

D. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 - BASIS OF BID

5.1 Bidder proposes to furnish all labor and materials required for construction of the Union Pond Dam Spillway Rehabilitation Project, Manchester, CT in accordance with the accompanying Bidding Documents prepared by Tighe & Bond, Inc., for the Contract Price specified below, subject to additions and deductions according to the terms of the Bidding Documents.

5.2 This Bid includes Addenda numbered __________________________.

5.3 The proposed Contract Price is:

dollars (words)

(figures)

M0247/04/03/23 00410-LS-4 Form for General Bid

5.4 The subdivision of the proposed Contract Price is as follows:

Item 1 – Union Pond Dam Spillway Rehabilitation: The work of the General Contractor, being all Work other than that covered by Item 1A, Item 1B, Item 1C, and Item 1D.

dollars (Bid in words)

(figures)

Item Number

Item Name and Unit Bid Prices

Written in Words and Figures

Estimated Quantity Total Amount of Item (in figures)

1A Chemical Grout Injection, per linear foot, the price of:

x 200 l.f. =

1B Chemical Grout Pumping, per each location, the price of:

x 9 locations =

1C Concrete spall repair, per square foot, the price of:

x 810 s.f. =

1D Deep concrete spall repair, per square foot, the price of:

x 220 s.f. =

5.5 Bidder agrees that each of the above named Sub-Bidders will be used for the work indicated at the amount stated, unless a substitution is made. Bidder further agrees to pay the premiums for the performance and payment bonds furnished by Sub-Bidders as requested herein and that all of the cost of all such premiums is included in the amount set forth in Item 1 of this Bid.

5.6 Bidder agrees, if this Bid is accepted, to promptly confer with Owner on the question of Sub- Bidders, and that Owner may substitute for any Sub-Bid listed above a Sub-Bid filed with jlamalva Text Box

PLEASE USE ELECTRONIC PRICING TABLE TO COMPLETE BID PROPOSAL

jlamalva Rectangle

M0247/04/03/23 00410-LS-5 Form for General Bid

Owner by another Sub-Bidder for the sub-trade against whose standing and ability Bidder makes no objection; and that Bidder will use all such finally selected Sub-Bidders at the amounts named in their respective Sub-Bids and be in every way as responsible for them and their work as if they had been originally named in this General Bid, the total Contract Price being adjusted to conform thereto.

ARTICLE 6 - TIME OF COMPLETION

6.1 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.2 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times as stated in the Agreement.

ARTICLE 7 - ATTACHMENTS TO THIS BID

7.1 The following documents are attached to and made a condition of this Bid:

A. Bid deposit in the amount of dollars ($ ), consisting of a bid bond in the amount of five percent of the total amount of Bid

B. Evidence of authority to sign

C. List of Project References

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids

E. A list of adversarial proceedings in which the bidder is or was a party within the past 5 years that relate to the procurement or performance of any public or private construction contract together with a brief statement as to outcome if concluded or status if pending.

F. A list of any projects on which the firm was terminated or failed to complete the work within the past 5 years, including a brief explanation for each instance listed.

G. List of Subcontractors

M0247/04/03/23 00410-LS-6 Form for General Bid

ARTICLE 8 - BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name]

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

END OF SECTION

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PERMITS

79 Elm Street Hartford, CT 06106-5127 860.424.3000

An Affirmative Action/Equal Opportunity Employer portal.ct.gov/DEEP

Town of Manchester 41 Center Street P.O. Box 191 Manchester, CT 06045

Attn: Jeff LaMalva, P.E. JLaMalva@manchesterct.gov

Application No.: DS-202203636 Town: Manchester Waters: Hockanum River & Union Pond Permit type: Dam Safety Project: Repairs to Union Pond Dam (DEEP ID #7706; Hazard Class C, High Hazard)

Dear Mr. LaMalva:

The Commissioner of the Department of Energy and Environmental Protection has approved your application to conduct certain regulated activities. Your attention is directed to the conditions of the enclosed permit.

You should read your permit carefully. Construction and other work must conform to that which is authorized.

Please pay particular attention to items 15 through 19 which state conditions specific to the project site.

If you have not already done so, you should contact your local Planning and Zoning Office and the U. S. Army Corps of Engineers to determine local and federal permit requirements on your project, if any. Write the Corps’ New England District, Regulatory Branch, 696 Virginia Road, Concord, MA 01742-2751;

http://www.nae.usace.army.mil/ or call 1-800-343-4789.

Please do not file the permit on the municipality’s Land Records.

If you have any questions concerning your permit, please contact me at 860-424-3522 or Anna.Laskin@ct.gov .

Sincerely, March 30, 2023 DATE Anna Laskin, Civil Engineer Dam Safety Program https://www.facebook.com/CTDEEP/ https://twitter.com/CTDEEPNews https://www.instagram.com/ct.deep/ https://www.youtube.com/ctdeepvideos https://www.linkedin.com/company/ctdeep mailto:JLaMalva@manchesterct.gov http://www.nae.usace.army.mil/

COPIES FURNISHED TO:

Tighe & Bond, Inc., 53 Southampton Road, Westfield, MA 01085, attn: Steven Sroka, P.E., SMSroka@tighebond.com Chief Executive Officer: sstephanou@manchesterct.gov mailto:SMSroka@tighebond.com mailto:sstephanou@manchesterct.gov

Hartford, CT 06106-5127

860.424.3000

An Affirmative Action/Equal Opportunity Employer portal.ct.gov/DEEP

PERMIT

Permittee: Town of Manchester 41 Center Street P.O. Box 191 Manchester, CT 06045

Permit No: DS-202203636

Town: Manchester

Project: Union Pond Dam Repairs (DEEP ID #7706; Hazard Class C, High Hazard)

Waters: Hockanum River & Union Pond

Pursuant to Connecticut General Statutes Section 22a-403, the Commissioner of Energy and Environmental Protection (“Commissioner”) hereby grants a permit to the Town of Manchester (“the Permittee”) to conduct regulated activities associated with the Union Pond Dam. The purpose of said activities is to repair an existing dam.

AUTHORIZED ACTIVITY

Specifically, the permittee is authorized to do the following: reconstruct the crest and downstream face of the dam, reconstruct the right and left downstream training walls, repair concrete on the left upstream training wall, construct an eel way on the right downstream face of the spillway, construct a notch in the right spillway crest for future fish passage, install riprap on the right abutment, and loam and seed the left abutment of the spillway.

The proposed activities will impact 9,898 square feet of wetlands associated with the Hockanum River.

All activities shall be conducted in accordance with plans entitled: “Union Pond Dam Spillway Rehabilitation”, dated September 2022; prepared by Peter J. Grabowski, P.E. and Steven M. Sroka, P.E. of Tighe & Bond, Inc., signed and sealed on September 13, 2022, and submitted as a part of the application.

This authorization constitutes the licenses and approvals required by Section 22a-403 of the Connecticut General Statutes. This authorization is subject to and does not derogate any present or future property rights or other rights or powers of the State of Connecticut, conveys no property rights in real estate or material nor any exclusive privileges, and is further subject to any and all public and private rights and to any federal, state, or local laws or regulations pertinent to the property or activity affected thereby.

The permittee's failure to comply with the terms and conditions of this permit shall subject the permittee, including the permittee's agents or contractor(s) to enforcement actions and penalties as provided by law.

This authorization is subject to the following conditions:

Permit DS-202203636 Union Pond Dam (DEEP ID #7706)

CONDITIONS:

1. Expiration. This permit shall expire three years following the date of issue unless this permit is specifically renewed.

2. Construction Commencement and Completion. If construction of any structures or facilities authorized herein is not completed within three years of issuance of this permit or within such other time as may be provided by this permit, or if any activity authorized herein is not commenced within three years of issuance of this permit or within such other time as may be provided by this permit, this permit shall expire three years after issuance or at the end of such time as may be authorized by the Commissioner.

3. Notification of Project Initiation.

a. The permittee shall notify the Commissioner in writing no less than seven (7) days prior to commencement of permitted activities and no less than seven (7) days following completion of permitted activities.

b. The permittee shall, pursuant to Section 22a-377(b)-1(a)(16)C of the Regulations of Connecticut State Agencies, notify the Commissioner and any potentially affected water company in writing at least seven (7) days prior to the lowering of Union Pond for the purpose of undertaking permitted activities.

4. De minimis Alteration. The permittee may not make any alterations, except de minimis alterations, to any structure, facility, or activity authorized by this permit. A de minimis alteration means a change in the design, construction or operation authorized under this permit that does not increase environmental impacts or substantively alter the construction of the project as authorized. If during the process of construction, unforeseen conditions are found on the site and the permittee and their engineer determine that it would be appropriate to modify the design, then the permittee shall notify DEEP within 24 hours of any potential design changes. DEEP shall determine if the design modifications will be an activity that can be categorized as a de minimis activity when compared to the permitted design. No work shall take place which was not included as part of the permitted design until DEEP responds to this determination request.

5. Maintenance of Structures. All structures, facilities, or activities constructed, maintained, or conducted pursuant hereto shall be consistent with the terms and conditions of this permit, and any structure, facility or activity not specifically authorized by this permit, or exempted pursuant to Section 22a-377 of the Connecticut General Statutes or Section 22a-377(b)-1 of the Regulations of Connecticut State Agencies, or otherwise exempt pursuant to other Connecticut General Statutes, shall constitute a violation hereof which may result in modification, revocation or suspension of this permit or in the institution of other legal proceedings to enforce its terms and conditions.

6. Accuracy of Documentation. In issuing this permit, the Commissioner has relied on information provided by the permittee. If such information was false, incomplete, or misleading, this permit may be modified, suspended or revoked and the permittee may be subject to any other remedies or penalties provided by law.

7. Best Management Practices & Notification of Adverse Impact. The permittee shall utilize engineered erosion and sediment controls to prevent pollution of wetlands and watercourses in accordance with Best Management Practices. Best Management Practices include, but are not limited to, the Connecticut Guidelines for Soil Erosion and Sediment Control1 as revised, the Connecticut Stormwater Quality Manual as revised, the Department of Transportation’s ConnDOT Drainage Manual as revised, and the Department of Transportation Standard Specifications as revised.

The permittee shall deploy controls prior to the commencement of construction, and regularly inspect and maintain controls as needed for effectiveness. Said controls shall be inspected by the permittee for deficiencies at least once per week and immediately after each rainfall and at least daily during prolonged rainfall. The permittee shall correct any such deficiencies within forty eight (48) hours of said deficiencies being found.

The permittee shall immediately inform the Commissioner of any adverse impact or hazard to the environment which occurs or is likely to occur as the direct result of the construction, maintenance, or conduct of structures, facilities, or activities authorized herein.

Drawdown of Union Pond shall be limited in extent and duration to that necessary to complete the permitted activities.

8. Reporting of Potential Violations.

The permittee shall, no later than 48 hours after the permittee learns of a violation of this permit, report in writing to the Commissioner. Such written report shall contain the following information, and be submitted to DEEP.DamSafety@ct.gov:

a. The provision(s) of this permit that has been violated;

b. The date and time the violation(s) was first observed and by whom;

c. The cause of the violation(s), if known

d. If the violation(s) has ceased, the duration of the violation(s) and the exact date(s) and times(s) it was corrected;

e. If the violation(s) has not ceased, the anticipated date when it will be corrected;

f. Steps taken and steps planned to prevent a reoccurrence of the violation(s) and the date(s) such steps were implemented or will be implemented; and

i. The best telephone number where DEEP can reach the engineering consultant in a timely manner.

9. Material Storage in the Floodplain. The storage of any materials at the site which are buoyant, hazardous, flammable, explosive, soluble, expansive, radioactive, or which could in the event of a flood be injurious to human, animal or plant life, below the elevation of the five-hundred (500) year flood is prohibited. Any other material or equipment stored at the site below said elevation

1 For guidance on the use of erosion and sediment controls, refer to the 2002 Connecticut Guidelines For Soil Erosion and Sediment Control document (update pending). URL: https://portal.ct.gov/- /media/DEEP/water/sesc/sescintrotocpdf.pdf.

mailto:DEEP.DamSafety@ct.gov https://portal.ct.gov/-/media/DEEP/water/sesc/sescintrotocpdf.pdf https://portal.ct.gov/-/media/DEEP/water/sesc/sescintrotocpdf.pdf by the permittee or the permittee's contractor must be firmly anchored, restrained or enclosed to prevent flotation. The quantity of fuel stored below such elevation for equipment used at the site shall not exceed the quantity of fuel that is expected to be used by such equipment in one day.

10. Permit Transfer. This permit is not transferable without the prior written consent of the

Commissioner.

11. Contractor Notification. The permittee shall give a copy of this permit to the contractor(s) who will be carrying out the activities authorized herein prior to the start of construction and shall receive a written receipt for such copy, signed and dated by such contractor(s). The permittee's contractor(s) shall conduct all operations at the site in full compliance with this permit and, to the extent provided by law, may be held liable for any violation of the terms and conditions of this permit.

12. Certification of Documents. Any document, including but not limited to any notice, which is required to be submitted to the Commissioner under this permit shall be signed by the permittee or a responsible corporate officer of the permittee, a general partner of the permittee, and by the individual or individuals responsible for actually preparing such document, each of whom shall certify in writing as follows:

“I have personally examined and am familiar with the information submitted in this document and all attachments thereto and I certify that based on reasonable investigation, including my inquiry of the individuals responsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief. I understand that a false statement in the submitted information may be punishable as a criminal offense in accordance with Section 22a-6 of the General Statutes, pursuant to Section 53a-157b and in accordance with any other applicable statute.”

13. Submission of Documents. Any document or notice required to be submitted to the

Commissioner under this permit shall, unless otherwise specified in writing by the Commissioner, be directed to:

DEEP.DamSafety@ct.gov

The date of submission to the Commissioner of any document required by this permit shall be the date such document is received by the Commissioner. The date of any notice by the Commissioner under this permit, including but not limited to notice of approval or disapproval on any document or other action, shall be the date such notice is personally delivered or the date three days after it is mailed by the Commissioner, whichever is earlier. Except as otherwise specified in this permit, the word "day" means any calendar day. Any document or action which is required by this permit to be submitted or performed by a date which falls on a Saturday, Sunday or legal holiday shall be submitted or performed by the next business day thereafter.

14. Rights. This permit is subject to and does not derogate any rights or powers of the State of Connecticut, conveys no property rights or exclusive privileges, and is subject to all public and private rights and to all applicable federal, state, and local law. In constructing or maintaining mailto:DEEP.DamSafety@ct.gov any structure or facility or conducting any activity authorized herein, the permittee may not cause pollution, impairment, or destruction of the air, water, or other natural resources of this State.

The issuance of this permit shall not create any presumption that this permit should be renewed.

15. Dam Safety Conditions.

a. This permit and a copy of the approved plans and specifications shall be kept at the project site and made available to the Commissioner at any time during the construction of permitted activities.

b. Permitted activities shall be performed under the supervision of an engineer who is licensed to practice in the State of Connecticut and who has expertise in dam construction. Said engineer shall, upon completion of the permitted activities, certify to the Commissioner in writing that the permitted activities have been completed according to the approved plans and specifications.

c. Within thirty (30) days of completion of the permitted activities, permittee shall submit to the Commissioner record drawings depicting the dam construction as completed, including any deviations from the approved plans and specifications. Said drawings shall be prepared and sealed by the engineer who oversaw the construction. In addition, the permittee shall arrange for submission of an electronic copy of the final record drawings in Adobe Acrobat “pdf” format.

d. Nothing in this chapter and no order, approval or advice of the Commissioner, shall relieve any owner or operator of this dam from his legal duties, obligations and liabilities resulting from such ownership or operation. No action for damages sustained through the partial or total failure of any structure or its maintenance shall be brought or maintained against the state, the Commissioner of Energy and Environmental Protection, or his employees or agents.

e. The Sequence of Construction and Water Handling Plan provided in the application shall be reviewed by the contractor repairing the dam. If the plan is revised or updated, a copy of the revised plan must be submitted to the Dam Safety Program at its email address:

DEEP.DamSafety@ct.gov before beginning repair or within 48 hours of its revision after the work has started.

f. The flood contingency plan submitted with the application shall be reviewed by the contractor and if any revisions are made to the plan, a copy of the revised plans must be submitted to the Dam Safety Program at DEEP.DamSafety@ct.gov within 48 hours.

16. Drawdown Time of Year. The permittee shall not initiate the drawdown of the impoundment prior to June 15th of any given year.

17. NDDB Species Protection. The Licensee shall conduct work in accordance with mitigation measures identified in NDDB Final Determination # 2022025199 dated March 25, 2022, attached hereto.

18. Downstream Flow Maintenance. The permittee shall maintain flow in the Hockanum River downstream of Union Pond dam throughout the drawdown and refill process in accordance with Section 26-141b-3 (11) of the Connecticut Stream Flow Standards and Regulations. Water shall be released in an amount no less than the minimum of either the rearing and growth bioperiod Q80 or the natural inflow of water.

19. Wildlife Division Notification. The permittee shall notify Laura Saucier, DEEP Wildlife

Biologist, at Laura.Saucier@ct.gov of the schedule for the drawdown at least 14 days prior to the start of the drawdown so that the Wildlife Division can relocate exposed mussels.

Issued by the Commissioner of Energy and Environmental Protection on:

Date Graham J. Stevens Bureau Chief Water Protection and Land Reuse

March 30, 2023 mailto:Laura.Saucier@ct.gov

79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

March 25, 2022

Raina Volovski Tighe & Bond, INC 213 Court St, Suite 1100 Middletown, CT 06457

RVOLOVSKI@TIGHEBOND.COM

NDDB DETERMINATION NUMBER: 202202519

Project: Dam repair project to include drawdown, vegetation removal and placement of riprap to stabilize slope; UNION POND DAM SPILLWAY REHABILITATION, UNION ST., MANCHESTER, CT

Expiration: March 25, 2024

I have reviewed Natural Diversity Database (NDDB) maps and files regarding this project. According to our records, there are State-listed species (RCSA Sec. 26-306) documented downstream from the area and may be affected by water flow from the dam.

• Wood turtle (Glyptemys insculpta) State Special Concern

Individuals of this species are riverine and riparian obligates, overwintering and mating in clear, cold, primarily sand-gravel and rock bottomed streams and foraging in riparian zones, fields and upland forests during the late spring and summer. They hibernate in the banks of the river in submerged tree roots between November 1 and April 1. Their summer habitat focuses within 90m (300ft of rivers) and they regularly travel 300m (0.2 mile) from rivers during this time. During summer they seek out early successional habitat: pastures, old fields, woodlands, powerline cuts and railroad beds bordering or adjacent to streams and rivers. Their habitat in Connecticut is already severely threatened by fragmentation of riverine, instream, riparian, and upland habitats, but is exacerbated by heavy adult mortality from machinery, cars, and collection. This is compounded by the species late maturity, low reproductive potential, and high nest and hatchling depredation rates.

Dams can affect this species habitat by flooding upstream areas and turning low-gradient stream habitat into deep water, and also by altering down stream flow regime which can degrade nesting habitat or flood nests near the river.

• To avoid flooding nesting areas, minimize large water releases between late May and August.

• To avoid exposing hibernating individuals avoid conducting full drawdowns of impoundments during their dormant season (November 1- March 15). If drawdown must occur during this time, it should not be a complete drawdown and should be conducted slowly to allow animals to move with the water.

This species hibernates in the banks of streams and some nests are vulnerable to flooding.

• Do not dewater streams during dormant period (November 1- April 1).

mailto:RVOLOVSKI@TIGHEBOND.COM

• Do not alter stream volume, depth or water flow rates (i.e. there should be no sudden large water released into local streams as a temporary or permanent result of your project)

• Do not alter water quality conditions of sandy streams including turbidity, temperature, and substrate.

For construction activities, between April 1- October 31:

• Exclusionary practices will be used to prevent any turtle access into disturbance areas.

These measures will need to be installed at the limits of disturbance as shown on the plans.

• Exclusionary fencing be at least 20 in tall and must be secured to and remain in contact with the ground and be regularly maintained (at least bi-weekly and after major weather events) to secure any gaps or openings at ground level that may let animal pass through.

• All staging and storage areas, outside of previously paved locations, regardless of the duration of time they will be utilized, must be reviewed to remove individuals and exclude them from re-entry.

• All construction personnel working must be apprised of the species description and the possible presence of a listed species.

• The Contractor search the work area each morning prior to any work being done.

• Any turtles encountered within the immediate work area shall be carefully moved to an adjacent area outside of the excluded area and fencing should be inspected to identify and remove access point. This animal is protected by law and should not be relocated off-site.

This is determination is valid for two years. Please submit an updated NDDB Request for Review if the scope of the proposed work changes.

Natural Diversity Database information includes all information regarding critical biological resources available to us at the time of the request. This information is a compilation of data collected over the years by the Department of Energy and Environmental Protection’s Bureau of Natural Resources and cooperating units of DEEP, independent conservation groups, and the scientific community. This information is not necessarily the result of comprehensive or site-specific field investigations.

Consultations with the NDDB should not be substituted for on-site surveys required for environmental assessments. Current research projects and new contributors continue to identify additional populations of species and locations of habitats of concern, as well as, enhance existing data. Such new information is incorporated in the NDDB as it becomes available.

Please contact me if you have any questions (shannon.kearney@ct.gov). Thank you for consulting with the Natural Diversity Database and continuing to work with us to protect State-listed species.

Sincerely, /s/ Shannon B. Kearney Wildlife Biologist mailto:shannon.kearney@ct.gov

79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

Regulatory and Enforcement Branch U.S. Army Corps of Engineers New England District 696 Virginia Road Concord, MA 01742-2751

Attn: Kevin Kotelly, Chief Permits and Enforcement Branch B

Re: 20220381-PCN, Concurrence of Eligibility

NAE-2022-00805

Union Street, Manchester, CT 06045

Dear Mr. Kotelly:

The above-referenced Pre-Construction Notification (“PCN”) was submitted to the Connecticut Department of Energy and Environmental Protection (“DEEP”) on June 29, 2022 by the Town of Manchester, for eligibility screening under the Department of the Army Regional General Permit for the State of Connecticut (“CT RGP”) dated December 15, 2021, and authorized and conditioned pursuant to Section 401 of the Federal Clean Water Act.

Project: The applicant proposes activities in Waters of the United States which will result in the following impacts, as shown on attached plans titled “Union Pond Dam Spillway Rehabilitation,” dated September 13, 2022, and prepared by Tighe & Bond:

1. Installation of riprap slope protection,

2. Installation of temporary access areas, and

3. Water handling.

Waterway Wetland Total

Temporary: 9,610 sf 0 sf 9,610 sf

Permanent: 288 sf 0 sf 288 sf

Total: 9,898 sf 0 sf 9,898 sf

Adaptive Best Management Practices. The Best Management Practices described in Attachment A included with this letter were found to be insufficient to protect existing and designated uses of waters such as propagation of fish, shellfish and wildlife, recreation, public water supply, and agriculture, industrial use and navigation, and the water quality necessary for their protection. Therefore, the following adaptive best management practices shall also be employed to protect water quality and designated uses of waters:

1. Drawdown Time of Year. The Licensee shall not initiate the drawdown of the impoundment prior to June 15th of any given year.

2. NDDB Species Protection. The Licensee shall conduct work in accordance with mitigation measures identified in NDDB Final Determination # 2022025199 dated March 25, 2022, attached hereto.

3. Downstream Flow Maintenance. The Licensee shall maintain flow in the Hockanum River downstream of Union Pond dam throughout the drawdown and refill process in accordance with Section 26-141b-3 (11) of the Connecticut Stream Flow Standards and Regulations. Water shall be released in an amount no less than the minimum of either the rearing and growth bioperiod Q80 or the natural inflow of water.

4. Wildlife Division Notification. The Licensee shall notify Laura Saucier, DEEP Wildlife Biologist, at Laura.Saucier@ct.gov of the schedule for the drawdown at least 14 days prior to the start of the drawdown so that the Wildlife Division can relocate exposed mussels.

5. Eel Passage. The Licensee shall install eel passage as shown on the above referenced plans.

Staff of the Land & Water Resources Division (the “Division”) have reviewed the project and determined that the proposed regulated work is eligible for PCN coverage under CT RGP #2.

Therefore, an individual application to DEEP is not required at this time, provided that the project receives approval from the U.S. Army Corps of Engineers under the CT RGP and that the authorized activities proceed as described in the PCN documentation provided to the Division in the above-referenced notification.

Please be advised that conducting regulated activities without the required state Section 401 Water Quality Certification (WQC) and federal Section 404 WQC is a violation of law and is subject to enforcement proceedings and legal action under 33 CFR Part 326 and citations thereunder.

If you have any questions or need additional information, please contact Danielle Missell at 860- 424-3698 or Danielle.Missell@ct.gov.

Jeff Caiola, Assistant Director Date Land and Water Resources Division Bureau of Water Protection and Land Reuse

CC (via email):

Jeff LaMalva, Town of Manchester, JLaMalva@manchesterct.gov Steven Sroka, Tighe & Bond, SMSroka@tighebond.com

09/29/2022

ATTACHMENT A

GENERAL TERMS AND CONDITIONS

1. Best Management Practices. In constructing or maintaining the activities authorized herein, the permittee shall employ best management practices in accordancewithSection22a-426-1of the Regulations for Connecticut State Agencies, consistent with the terms and conditions of this certificate, to control storm water discharges and erosion and sedimentation and to prevent pollution. Such practices to be implemented by the permittee at the site include, but are not necessarily limited to:

a. Prohibiting dumping of any quantity of oil, chemicals or other deleterious material on the ground;

b. Immediately informing the Commissioner's Oil and Chemical Spill Response Division at

(860) 424-3338 (24- hour phoneline) of any adverse impact or hazard to the environment, including any discharges, spillage, or loss of oil or petroleum or chemical liquids or solids, which occurs or is likely to occur as the direct or indirect result of the activities authorized herein;

c. Separating staging areas at the site from the regulated areas by silt fences or straw/hay bales at all times;

d. Prohibiting storage of any fuel and refueling of equipment within twenty-five (25) feet from any wetland or watercourse;

e. Preventing pollution of wetlands and watercourses in accordance with the document "Connecticut Guidelines for Soil Erosion and Sediment Control" as revised. Said controls shall be inspected by the permittee for deficiencies at least once per week and immediately after each rainfall and at least daily during prolonged rainfall. The permittee shall correct any such deficiencies within 48 hours of said deficiencies being found;

f. Stabilizing disturbed soils in a timely fashion to minimize erosion. If a grading operation at the site will be suspended for a period of thirty (30) or more consecutive days, the permittee shall, within the first seven (7) days of that suspension period, accomplish seeding and mulching or take such other appropriate measures to stabilize the soil involved in such grading operation. Within seven (7) days after establishing final grade in any grading operation at the site the permittee shall seed and mulch the soil involved in such grading operation or take such other appropriate measures to stabilize such soil until seeding and mulching can be accomplished.

g. Prohibiting the storage of any materials at the site which are buoyant, hazardous, flammable, explosive, soluble, expansive, radioactive, or which could in the event of a flood be injurious to human, animal or plant life, below the elevation of the five hundred (500) year flood. Any other material or equipment stored at the site below said elevation by the permittee or the permittee's contractor must be firmly anchored, restrained or enclosed to prevent flotation. The quantity of fuel stored below such elevation for equipment used at the site shall not exceed the quantity of fuel that is expected to be used by such equipment in one da y.

h. Immediately informing the Commissioner's Land & Water Resources Division at (860) 424-3019 and the U.S. Army Corps of Engineers' Permit Compliance Section at (617) 647-8674, of the occurrence of pollution or other environmental damage resulting from construction or maintenance of the authorized activity or any construction associated therewith in violation of this certificate. The permittee shall, no later than 48 hours after the permittee learns of a violation of this certificate, report same in writing to the Commissioner. Such report shall contain the following information:

(i) the provision(s) of this certificate that has/have been violated;

(ii) the date and time the violation(s) was first observed and by whom;

(iii) the cause of the violation(s), if known

(iv) if the violation(s) has ceased, the duration of the violation(s) and the exact date(s) and times(s) it was corrected;

(v) if the violation(s) has not ceased, the anticipated date when it will be corrected;

(vi) steps taken and steps planned to prevent a reoccurrence of the violation(s) and the date(s) such steps were implemented or will be implemented;

(vii) the signatures of the permittee and of the individual(s) responsible for actually preparing such report, each of whom shall certify said report in accordance with condition 8 of this certificate.

For information and technical assistance, contact the Land & Water Resources Division at

(860) 424-3019.

2. Inspection of the Facility or Activity, Adaptive Best Management Practices & Compliance with

Conditions. The concurrence of eligibility letters for Pre- Construction Notifications will be considered the initial inspection of the facility or activity for the purpose of determining whether the discharge from the certified project may violate WQC-202108351 (Non-Tidal) of the Department of the Army Regional General Permit for the State of Connecticut. The concurrence of eligibility letters may also address the remedial actions necessary in order to be considered to be compliance with this certification.

In the event that Best Management Practices employed to maintain compliance with the conditions of this Water Quality Certificate, as described in paragraph 1 above, have been found to be insufficient to protect existing and designated uses of waters such as propagation of fish, shellfish and wildlife, recreation, public water supply, and agriculture, industrial use and navigation, and the water quality necessary for their protection, such permittee shall employ additional or alternative adaptive best management practices to protect water quality.

All work and all activities authorized herein conducted by the permittee at the site shall be consistent with the terms and conditions of this certificate. Upon initiation of the activities authorized herein, the permittee thereby accepts and agrees to comply with the terms and conditions of this Water Quality Certificate.

3. Rights. This certificate is subject to and does not derogate any present or future property rights or other rights or powers of the State of Connecticut and conveys no property rights in real estate or material nor any exclusive privileges and is further subject to any and all public and private rights and to any federal, state, or local laws or regulations pertinent to the property or activity affected hereby.

This certification does not comprise the permits or approvals as may be required by Chapters 440, 446i, 446j and 446k of the Connecticut General Statutes.

4. Expiration of Certificate. The Section 401 Water Quality Certifications contained herein shall be valid until such time as the Department of the Army Regional General Permits for the State of Connecticut expires or is modified, suspended, revoked or reissued.

5. Transfer of Certificate. This authorization is not transferable without the written consent of the Commissioner

6. Reliance on Application. In evaluating the permittee's application, the Commissioner has relied on information provided by the permittee. If such information subsequently proves to be false, deceptive, and incomplete or in accurate, this certificate may be modified, suspended or revoked.

7. Installation and Removal of Confining Structures. Confinement of a work area by cofferdam techniques using sandbag placement, sheet pile installation (vibratory method only), portadam, or similar confinement devices is allowed any time of the year unless specifically prohibited by a permit condition. The removal of such confinement devices is allowed any time of the year unless specifically prohibited by a permit condition. Once a work area has been confined, in-water work within the confined area is allowed any time of the year. The confinement technique used shall completely isolate and protect the confined area from all flowing water. The use of silt boom/curtain or similar technique as a means for confinement is prohibited.

8. Certification of Documents. Any document, including but not limited to any notice, which is required to be submitted to the Commissioner under this certificate shall be signed by the permittee, a responsible corporate officer of the permittee, a general partner of the permittee, or a duly authorized representative of the permittee and by the individual or individuals responsible for actually preparing such document, each of whom shall certify in writing as follows:

"I have personally examined and am familiar with the information submitted in this document and all attachments and certify that based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief , and I understand that any false statement made in this document or its attachments may be punishable as a criminal offense in accordance with Section 22a-6 under Section 53a-157 of the Connecticut General Statutes."

9. Submission of Documents. The date of submission to the Commissioner of any document required by this certificate shall be the date such document is received by the Commissioner.

Except as otherwise specified in this certificate, the word "day" as used in this certificate means the calendar day. Any document or action which falls on a Saturday, Sunday, or legal holiday shall be submitted or performed by the next business day thereafter.

Any document or notice required to be submitted to the Commissioner under this certificate shall, unless otherwise specified in writing by the Commissioner, be directed to:

Director, Land & Water Resources Division Bureau of Water Protection and Land Reuse Department of Energy & Environmental Protection

Hartford, Connecticut 06106-5127

DEPARTMENT OF THE ARMY

US ARMY CORPS OF ENGINEERS

NEW ENGLAND DISTRICT

696 VIRGINIA ROAD

CONCORD MA 01742-2751

November 2,…