A.07.24_18B1013_A0001_SPOOLED.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

a.) Respond to bidder inquiries from Projnet b.) Update the Bid Opening Date from 8 August 2018 to 14 August 2018 c.) Update Technical Specif ications (see below )

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 25-Jul-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DQ18B1013

X 9B. DATED (SEE ITEM 11)

11-Jul-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

24-Jul-2018

CODE

USACE, KANSAS CITY +

FEDERAL BLDG CT-C 601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

W912DQ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DQ18B1013

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

BIDDER INQUIRIES

Zero inquiries were submitted in Projnet.

TECHNICAL SPECFICATIONS

All updated specifications are included in this modification.

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 08-Aug-2018 02:00 PM to 14-Aug-2018 02:00 PM.

(End of Summary of Changes)

Berger Levee District W912DQ18B1013 Franklin County, Missouri

2 -- Amdt. 0001

The SOLICITATION is amended as follows:

NOTE: Deleted text is shown with strikethrough. Added text is shown with underline.

1.SPECIFICATIONS:

a. All Specification Footers should include Section Numbers as well as page number.

01 11 00 – 1 thru 3 01 30 00 – 1 thru 16 01 32 16.01 23 – 1 thru 3 01 33 00 – 1 thru 14 01 35 26 – 1 thru 16 01 45 00.00 10 – 1 thru 10 01 45 00.15 10 – 1 thru 7 01 50 00 – 1 thru 5 01 57 19 – 1 thru 24 32 92 19 – 1 thru 12 35 41 00 – 1 thru 7

b. Section 01 30 00

Delete paragraph 1.26 As-Built Requirements in its entirety Delete paragraph 1.26.1 Payment Withholding in its entirety Delete Attachment As-Built Instructions

c. Section 01 57 19

Replace Exhibit 1- GP-41, a copy accompanies the amendment Insert Exhibit 3 – Missouri State Operating Permit, a copy accompanies the amendment.

d. Section 35 41 00, Attachment A

Replace B-4 Site Map, a copy accompanies the amendment

DEPARTMENT OF THE ARMY PERMIT

Permittee: General Public

Permit No. NWK-GP-41 (Permanent Protection/Repair of Flood Damaged Structures, Damaged Lands and/or Fills)

Issuing Office: U.S. Army Corps of Engineers, Kansas City District

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work, within the Kansas City District’s regulatory boundary, in accordance with the terms and conditions specified below.

Project Description: To excavate or place fill material for the permanent protection of and/or the repair of existing damaged structures, damaged land areas, and/or damaged fill areas, that are the result of the disaster event, as follows:

a. Repair of levees to preexisting elevation and cross-section, including breach closures and associated borrow operations.

b. Repair of road culverts and/or bridges within the existing roadway/railway alignment including the placement of suitable stone

(riprap) to protect embankments and abutments.

c. In-kind repair of existing roadway or railway embankments and the replacement or the addition of suitable stone protection, at the damage site, including repair to previously authorized fill.

d. In-kind repair of existing utility structures within the current footprint of that structure, including previously authorized fill.

e. Placement of rock and/or earth materials for stream/ditch bank protection and/or stream/ditch bank restoration.

f. Drainage channel/ditch restoration to pre-disaster capacity and flow line unless the flow line must be altered due to other damage associated with the disaster event.

g. Restoration of creek channels to pre-disaster alignment and capacity.

h. Construction of temporary roads and temporary fill required to facilitate the completion of any of the above listed activities.

Temporary fill must be removed to the original soil surface after repair activities are completed.

If the proposed work involves any activity included in the following list you must provide preconstruction notification (PCN) to the Kansas City District, Corps of Engineers, prior to completing any of the listed work, and you must submit application materials as outlined in Appendix 1. Additionally, you must submit a mitigation plan, as outlined in the federal mitigation regulation found at 33 CFR 332, prior to completing any of the following disaster recovery/repair activities:

• Work that may affect a Corps of Engineers civil works project (Section 408 permission is required from the Corps required prior to commencing work);

• Excavating earth material (borrow) from forested wetlands, from potential migratory bird nesting areas, and/or from other offsite locations;

• Dredging or excavating material from any stream channel in Kansas or in Missouri, or placing fill material into any stream with known federally listed threatened or endangered species (see special condition “t” on page 7);

• Repair activities that require any clearing of trees, any soil excavation or other soil disturbance for construction of temporary roads;

• Flood repairs in areas with known sensitive species listed in special condition “e”;

• Repair work that requires working in Exceptional State Waters and/or Special Aquatic Life Use Waters;

• Activities associated with the restoration of a stream channel back to the original, pre-flood, location.

• The repair of any structure that is beyond the scope of the originally authorized structure or moved to a different location.

All application materials and post construction reports must be submitted to the Corps of Engineers, Regulatory Branch, Federal Building, 601 East 12th Street, Suite 402 (ODR), Kansas City, Missouri 64106 (ATTN: GP-41).

All disaster repair activities supervised by the Corps of Engineers, pursuant to Public Law 84-99 or to Section 14 projects, and/or all repairs supervised by the United States Department of Agriculture (USDA), pursuant to any USDA Program authorized for disaster recovery can be completed without PCN to the Corps of Engineers. However, all completed disaster repair work, authorized by this permit, must be reported to the Kansas City District, Corps of Engineers, Regulatory Branch, by the end of the calendar year in which the flood repair project is completed. The project report must include the location of the work, as-built drawings of the structure(s)

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 (Appendix A) and/or fill(s), and a discussion of the avoidance and minimization measures incorporated into the project and mitigation measures employed. Reports must be submitted to the U.S. Army Corps of Engineers, Federal Building, 601 East 12th Street, Suite 402 (ODR), Kansas City, Missouri 64106 (ATTN: GP-41).

In addition, maintenance of existing disaster damaged structures and/or disaster damaged fills, which have been previously authorized, may be authorized by Nationwide Permit No. 3 or exempted by Part 323.4 of Federal Regulations 33 CFR 320-332.

The repair of uplands damaged by storms, floods or other discrete events may be authorized by Nationwide Permit No. 45 upon notification and review by the Kansas City District, Corps of Engineers - Regulatory Branch. Construction of new structures and/or fills, not in existence prior to the discrete flood event, are not authorized by this DA permit.

Project Location: In waters of the United States (rivers, lakes, streams and wetlands) within the State of Kansas, including Indian Country, and within the Kansas City district’s regulatory boundary in the State of Missouri, that are declared flood disaster areas by the Governor of either state and/or by the President of the United States.

Permit Conditions:

General Conditions:

1. This general permit expires on April 2, 2023, unless it is modified, revoked or specifically extended, and the time limit for completing the authorized work ends on this date, unless your individual general permit verification letter specifies an earlier date.

Provided the verification letter does not specify an earlier date, if you have started the work or are under contract to begin this activity before the general permit expires, you will have twelve (12) months from that expiration date to complete the activity under the present terms and conditions of this general permit.

2. You must maintain the activity authorized by this permit in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned 401 water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the State of Kansas and Missouri programmatic 401 water quality certifications are attached as they contain such conditions. Additionally, a copy of the U.S. Environmental Protection Agency’s programmatic 401 water quality certification for activities occurring in Indian Country in Kansas is also attached.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of this permit.

Special Conditions:

See continuation sheets, pages 5 through 8, of this document. In addition, review Appendix I for information required to be submitted to the Corps of Engineers if your project requires PCN before beginning work. Appendix I also contains the list of information you must submit after completing your project if a PCN is not required for your particular project.

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

(x) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).

(x) Section 404 of the Clean Water Act (33 U.S.C. 1344).

2. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, state, or local authorization required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal project.

3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant.

Circumstances that could require a reevaluation include, but are not limited to, the following:

a. Failure to comply with the terms and conditions of this permit.

b. The information provided by the project proponent in support of the permit application proves to have been false, incomplete, or inaccurate (See 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit.

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.

GENERAL PUBLIC - SIGNATURE NOT REQUIRED

(PERMITTEE) (DATE WORK BEGAN)

This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.

COLONEL, CORP OF ENGINEERS DISTRICT COMMANDER

BY: MARK D. FRAZIER

CHIEF, REGULATORY BRANCH

OPERA TIO NS DIVISION

2 April 2018

(DATE)

When the strnctures or work authorized by this permit are still in existence at the time the property is transfelTed, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE) (DATE)

NWK GP-41 Special Conditions:

a. You must sign and return the attached "Compliance Certification" after the authorized work and any required mitigation is completed. Your signature will certify that you completed the work in accordance with this permit, including the general and the special conditions, and that any required mitigation was completed in accordance with the permit conditions.

b. (Activities occurring in navigable waters under Section 10 of the Rivers and Harbors Act of 1899 only). The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

c. If the work, authorized by this permit, requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized project, the prospective permittee must submit a PCN as outlined on the first page of this permit. An activity that requires a Section 408 determination is not authorized by GP-41 until the Kansas City District issues the Section 408 authorization to alter, occupy, or use the Corps of Engineers project and the district engineer issues a written GP-41 verification.

d. If any part of the authorized work is performed by a contractor, before starting work you must discuss the terms and conditions of this permit with the contractor; and, you must give a copy of this entire permit to the contractor.

e. You must contact the Corps if any work is proposed in areas of listed sensitive species or in special status waters. The list of sensitive species in Missouri can be found at:

http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MORC7AquaticSpecies.pdf.

The list of special status waters in Kansas, requiring notification can be found at:

http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/KSRC6DesignatedWaters.pdf.

f. You must employ measures to prevent spilled fuels, lubricants, excessive suspended solids including dredged material, and/or wet concrete from entering the waters of the United States and formulate a contingency plan to be effective in the event of a spill.

g. You must use clean, uncontaminated materials for fill in order to minimize excessive turbidity by leaching of fines, as well as to preclude the entrance of deleterious and/or toxic materials into the waters of the United States by natural runoff or by leaching. Use of small aggregate material less than 20 pounds per aggregate, such as creek gravel, for stabilization and erosion control is prohibited.

h. You must excavate or fill in the watercourse so as to minimize increases in suspended solids and turbidity which may degrade water quality and damage aquatic life outside the immediate area of operation. Activities should be conducted during low water periods and must be conducted outside major spawning season for fish, unless a waiver is obtained from the Corps of Engineers. The list of waters with seasonal spawning restrictions in Missouri can be found at:

http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MORC2SpawningList.pdf.

http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MORC7AquaticSpecies.pdf http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MORC7AquaticSpecies.pdf http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/KSRC6DesignatedWaters.pdf http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MORC2SpawningList.pdf

NWK GP-41 Special Conditions cont.:

i. You must use the stream crossing guidelines for any temporary stream crossing constructed in a regulated waterway. The guidelines, for Missouri can be found at:

http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MORC1Streams.pdf. The stream crossing guidelines for Kansas can be found at:

http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/KSRC1Streams.pdf. Stream crossings and use of construction machinery in waterways should be limited to the minimum extent necessary.

j. You must immediately remove and properly dispose of all debris during every phase of the project in order to prevent the accumulation of unsightly, deleterious and/or toxic materials in or near the water body. All construction debris must be disposed of in an upland site, outside the floodplain, and in such a manner that it cannot enter into a waterway or into a wetland.

k. You must store all construction materials, equipment, and/or petroleum products, when not in use, above anticipated high water levels.

l. You must restrict the clearing of timber and other vegetation to the absolute minimum required to accomplish the work. You must avoid the removal of mature trees to prevent potential impacts to bald eagle roost sites. If the work is adjacent to an active eagle nest, you must contact the U.S. Fish and Wildlife Service to determine if an eagle permit is needed. Work should be limited to one side of the channel only. However, work from both sides of the channel is permitted if it is demonstrated that it results in minimizing tree clearing. Vegetated riparian buffer areas should be included along both sides of any channel restoration project. All wooded areas cleared for site access must be allowed to return to forested habitat. You must contact the Corps of Engineers (PCN) prior to any timber clearing.

m. Upon completion of earthwork operations, you must seed, replant or otherwise protect from erosion all fills in the water or on shore, and other areas on shore disturbed during construction. All plant material, including seed mixes, should be composed of native species. If seeding does not successfully stabilize the disturbed soil areas by the end of the first growing season, you must implement alternate measures, such as placing riprap, slope terracing with untreated railroad ties, gabions or concrete blocks, or additional vegetative plantings, to protect the disturbed areas from further erosion. Clearing, grading, and replanting should be planned and timed so that only the smallest area is in a bare soil condition. You must contact the Corps of Engineers prior to beginning work on any additional erosion control measures in order for the Corps to determine if additional authorization is required.

n. You must dispose of excess concrete and wash water from concrete trucks and other concrete mixing equipment in an upland area above the ordinary high water mark and at a location where the concrete and wash water cannot enter the water body or an adjacent wetland area.

o. You must not dispose of any construction debris or waste materials below the ordinary high water mark of any water body, in a wetland area, or at any location where the materials could be introduced into the water body or an adjacent wetland as a result of runoff, flooding, wind, or other natural forces.

p. You must use only graded rock, quarry-run rock and/or clean concrete rubble for riprap. The material must be reasonably well graded, consisting of pieces varying in size from 20 pounds up to and including at least 150 pound pieces. Generally, the maximum weight of any piece should not be more than 500 pounds. Gravel and dirt should not exceed 15 percent of the total fill volume. If you use concrete rubble, you must break all large slabs to conform to the well graded requirement, and remove all exposed reinforcement rods, trash, asphalt, and other extraneous materials before you place the concrete rubble in the waters of the United States. Size and grade http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MORC1Streams.pdf http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/KSRC1Streams.pdf http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/KSRC1Streams.pdf requirements can be changed provided approval is received from the Corps' Regulatory Branch prior to placement. Grouting the riprap material is prohibited.

q. You must completely remove all temporary fills, including sand bags (to the extent practicable), in the waters of the United States within 30 days of the end of the flood emergency. If sand bags are needed for a longer duration until permanent repairs are made, you must request a waiver of this condition in writing.

r. You must avoid impacts to wetlands to the fullest extent practicable. When wetlands impacts are unavoidable, borrow site selection will be based on the following order of preference: upland (non-wetland) sources, areas riverward of the levee previously used for borrow, currently farmed prior converted cropland, farmed wetlands, or other authorized excavation sites. You must mitigate for all unavoidable proposed wetland excavation or fill activities authorized by this permit. You must develop mitigation plans on a case-by-case basis which must be approved by the Corps. This permit does not authorize actions designed to drain or otherwise convert wetlands to other uses, nor actions where a practicable alternative to impacting wetlands is available unless the Corps of Engineers, in consultation with other resource agencies, determine that sediment removal from existing wetlands will restore wetland functions and create valued habitat diversity. All borrow areas should have 5:1 horizontal to vertical side slopes and the water depth should be three feet deep or less under normal circumstances.

s. You must place all fills and structures in waterways such that they do not result in stream channel constriction, they do not cause redirection of flows in such a way as to cause upstream or downstream erosion, and/or they do not restrict aquatic organism movement, especially during periods of low flow. Channelization projects or shortening of waterways, other than restoration of creek channels to pre-flood alignment, are not authorized by this permit.

t. No activity is authorized under this general permit which is likely to adversely affect a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify critical habitat of such species. See Appendix II, paragraph No. 1 for permitting requirements if these species are likely to be present or their habitat would be adversely modified. A list of T&E species in Missouri can be found at:

http://ecos.fws.gov/tess_public/pub/stateListingAndOccurrenceIndividual.jsp?state=MO. Additional information, for Missouri, can be found at:

http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MORC7AquaticSpecies.pdf. A list of T&E Species in Kansas can be found at:

http://ecos.fws.gov/tess_public/pub/stateListingAndOccurrenceIndividual.jsp?state=KS&s8fid=112761032792&s8fid=1127 62573902. Additional information, for Kansas, can be found at:

http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/KSRC6DesignatedWaters.pdf.

Additionally, any work within the identified stream reaches, highlighted in Appendix III, requires a PCN to the Corps of Engineers.

u. You must avoid activity in the proximity of a property listed in or eligible for listing in the National Register of Historic Places unless, after coordination with the Corps and the State Historic Preservation Office of the affected state and/or the Advisory Council on Historic Preservation, a determination of "no effect" or "no adverse effect" is made in accordance with criteria established by 36 CFR 800. If an inadvertent discovery of any cultural or archaeological resource occurs during construction activities you must immediately stop work and contact this office and you must suspend work in the area until a determination of eligibility for listing in the National Register of Historic Places is determined and any necessary consultation under Section 106 of the National Historic Preservation Act is completed. In the case of discovering human remains, you must immediately stop work and contact local law enforcement and you must contact the Missouri Department of Natural Resources, Historic Preservation Office at 573-751-7858.

http://ecos.fws.gov/tess_public/pub/stateListingAndOccurrenceIndividual.jsp?state=MO http://ecos.fws.gov/tess_public/pub/stateListingAndOccurrenceIndividual.jsp?state=MO http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MORC7AquaticSpecies.pdf http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MORC7AquaticSpecies.pdf http://ecos.fws.gov/tess_public/pub/stateListingAndOccurrenceIndividual.jsp?state=KS&s8fid=112761032792&s8fid=112762573902 http://ecos.fws.gov/tess_public/pub/stateListingAndOccurrenceIndividual.jsp?state=KS&s8fid=112761032792&s8fid=112762573902 http://ecos.fws.gov/tess_public/pub/stateListingAndOccurrenceIndividual.jsp?state=KS&s8fid=112761032792&s8fid=112762573902 http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/KSRC6DesignatedWaters.pdf http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/KSRC6DesignatedWaters.pdf

v. You must NOT undertake any activity that results in a new structure or replacement of a previously authorized structure that increases the scope or the design of the original structure. Small changes that do not affect elevations, such as the reconstruction of a levee around a scour hole at pre-existing elevations, that do not convert wetland to upland (non-wetland) or a different wetland use beyond what is unavoidable such as to go around a scour hole, may be authorized upon notification to the Corps. Levee breach repairs constructed on new alignments must be setback farther from the stream channel than the original alignment.

w. You must contact the Missouri Department of Natural Resources, Water Protection Program, P.O. Box 176, Jefferson City, Missouri 65102-0176, or the Kansas Department of Health and Environment, Bureau of Water, Curtis State Office Building, 1000 Southwest Jackson, Topeka, Kansas 66612, in order to determine the need for a state permit for land disturbance, return water, or other activities that normally require such permits. Use of GP-41 shall not be construed or interpreted to imply that the requirements for all other federal, state, and/or local permits are replaced or superseded by this permit. Any national pollutant discharge elimination system (NPDES) permits, general permits for land disturbance, or any other permit requirements must be obtained and complied with.

x. You must notify the Corps of Engineers if one of the following common exotic species occurs in the project area. The zebra mussel (Dreissena polymorpha), Eurasian watermilfoil (Myriophyllum spicatum), purple loosestrife (Lythrum salicaria), Johnson grass (Sorghum halepense), sericia lespedeza (Lespedeza cuneata), salt cedar (Tamarix spp.), and reed canary grass (Phalaris arundinacea). You must take appropriate actions to prevent the spread of any exotic animal species and noxious and invasive plant species. The following link for Missouri: http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MOInvasivePlants.pdf and the following link for Kansas:

http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/KSRC2InvasivePlants.pdf provide a list of plant species that shall not be used on any project unless this requirement is waived by the district engineer based on a case specific analysis of the planting plan. Best management practices should be used to reduce the risk of transferring invasive plant and animal species to or from the project site. Best management practices can be found at: http://www.invasivespeciesinfo.gov/toolkit/prevention.shtml. The following best management practice can help prevent the spread of these species. Clean and certified weed-free seed should be used for plantings.

Equipment brought on the project site should be washed to remove dirt, seeds and plant parts. If the equipment has been used in a body of water in the last 30 days it can be washed at a commercial car wash or dried for five or more days before using the equipment in another body of water. In addition, before transporting equipment from the project site all water, mud, plants and animals should be removed. Waters that the zebra mussel is known to inhabit in Kansas and in Missouri can be found at the following website: http://nas.er.usgs.gov/queries/zmbyst.asp.

y. Section 401Water Quality Certification for GP-41 has been issued by the State of Kansas, State of Missouri, and by the USEPA (for projects located in Indian Country in Kansas). You must comply with the conditions of the Section 401 certification when performing any authorized work in these specific geographic areas.

z. All projects requested by applicants, other than the Tribal Authority, for use of GP-41 within the boundaries of Indian Country, in Kansas, require coordination with the Tribal Authority prior to commencing work. All other terms and conditions of the GP-41 apply in Indian Country regardless of the applicant.

aa. You should contact the Kansas Department of Health and Environment (KDHE) at nps@kdheks.gov prior to commencing any work within the State of Kansas’ Watershed Restoration and Protection Strategies (WRAPS) watersheds. The proposed work should be coordinated with the WRAPS team and should not conflict or impact the WRAPS funded project(s). Contact information is as follows: Milford Reservoir WRAPS (785-632-3550), Delaware River WRAPS (785-945-6292), and the Cottonwood River WRAPS (620-382-3737).

http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MOInvasivePlants.pdf http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/MOInvasivePlants.pdf http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/KSRC2InvasivePlants.pdf http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2017/KSRC2InvasivePlants.pdf http://www.invasivespeciesinfo.gov/toolkit/prevention.shtml http://nas.er.usgs.gov/queries/zmbyst.asp mailto:nps@kdheks.gov

APPENDIX I

Criteria for Authorization by General Permit NWK-GP-41

aa. This general permit authorizes activities proposed by the general public, railroads, transportation departments, pipeline and utility companies, and government agencies.

bb. If you propose to work under the authority of this General Permit and the project requires a PCN as outlined in the permit, you must notify the Kansas City District, Corps of Engineers, within two (2) years of the end of the flood event (when the nearest river gauge drops below flood stage for two months), and receive authorization prior to starting work within the Corps regulatory jurisdiction. This two year period may be waived by the district engineer provided the individual/entity can demonstrate a delay based on available funding, contracting, or other similar delays. You must submit the following information:

• Submit a completed application form ENG 4345 or a letter which includes all information required by form ENG 4345. The ENG 4345 is available at:

http://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Obtain-a-Permit/

• Provide a complete description of the proposed work, including a statement describing compensatory mitigation to replace aquatic resources lost as a result of the project or a statement justifying why compensatory mitigation is not required, and a proposed plant list to restore all disturbed areas that result from the construction activities so that we can clearly and readily determine whether or not the proposed work complies with this GP and determine if compensatory mitigation is warranted. If required, compensatory mitigation plans must be in accordance with the mitigation regulations found at 33 CFR 332. Additionally, all wetland and stream mitigation credits proposed at the mitigation site must be determined using the current version of the Missouri Stream Mitigation Method, or the Missouri Wetland Mitigation Method, or the Kansas Stream Mitigation Guidance documents. The credit worksheets for the assessment methods must be included in the submitted mitigation plan.

• Describe and illustrate the location of the disaster repair activities on an aerial photograph. The activity must be in counties where a current disaster declaration is issued by the Governor of the State of Kansas, the Governor of the State of Missouri or the President of the United States. Include an 8 1/2” x 11” map with the location of the proposed project clearly marked, including the Section, Township, and Range and the latitude and longitude (decimal degrees) of the specific work site.

• Submit an 8 1/2" x 11" drawing(s) showing the details of the proposed repair work. Include a list of plant materials proposed for restoration and/or erosion control. The plant list should include both the common name and the Latin binomial.

• Discussion of possible alternatives and why the preferred alternative was selected.

• Also, as project proponent, you must send copies concurrently to the following agencies. We will not necessarily solicit comments from these agencies unless warranted. These agencies may request that we take discretionary authority on the proposed work and require application for an individual permit if a significant issue is identified.

NWK GP-41 Appendix I cont.

• For all repair projects, you must contact:

U.S. Environmental Protection Agency * Federal Emergency Management Agency Watershed Planning and Implementation Branch Region VII 11201 Renner Boulevard 9221 Ward Parkway, Suite 300 Lenexa, Kansas 66219 Kansas City, Missouri 64114-3372

(913) 551-7003 (816) 283-7063

* You must contact FEMA for all proposed development located in the 100-year floodplain of a National Flood Insurance Program (NFIP) participating community in order to comply with local floodplain management regulations and secure a floodplain development permit from that community.

• For repair projects in Missouri, you must contact:

U.S. Fish and Wildlife Service Missouri Department of Natural Resources Columbia Field Office Water Pollution Control Branch 101 Park De Ville Drive, Suite A P.O. Box 176 Columbia, Missouri 65203 Jefferson City, Missouri 65102

(573) 234-2132 1-800-361-4827 or (573) 751-1300

Missouri Department of Conservation Missouri Department of Natural Resources Policy Coordination Historic Preservation Program P.O. Box 180 P.O. Box 176 Jefferson City, Missouri 65102-0180 Jefferson City, Missouri 65102

(573) 522-4115 (573) 751-7958

• For repair projects in Kansas, you must contact:

U.S. Fish and Wildlife Service Kansas Department of Health and Environment Manhattan Field Office Bureau of Water 2609 Anderson Avenue Curtis State Office Building Manhattan, Kansas 66502 1000 Southwest Jackson Street

(785) 539-3474 Topeka, Kansas 66612

(785) 296-1500

Kansas Department of Wildlife, Parks and Tourism 512 Southeast 25th Avenue Pratt, Kansas 67124

(620) 672-5911

c. For projects NOT requiring pre-construction notification, a report of the completed repair activities must be submitted to the Corps that includes the work location (including an aerial photograph), as-built drawings of the structure(s) and/or fill(s), a list of plant materials (including Latin binomial name) incorporated into the project, and a discussion of the avoidance and minimization measures incorporated into the project and mitigation measures employed. The report must be submitted within 60 days of project completion.

NWK GP-41 Appendix I cont.

d. We may reevaluate the cumulative impacts of this general permit at our discretion at any time. We will reevaluate cumulative impacts at least every five (5) years as part of the review process for the reissuance of

GP-41.

e. The following is a list of damaged structures, damaged land areas, and/or damaged fills that are the result of the disaster event that are authorized to be repaired under this general permit:

• Repair of levees to preexisting elevation and cross-section, including breach closures and associated borrow operations.

• Repair of road culverts and/or bridges within the existing roadway/railway alignment including the placement of suitable stone (riprap) to protect embankments and abutments.

• In-kind repair of existing roadway or railway embankments and the replacement or the addition of suitable stone protection at the damage site, including repair to previously authorized fill.

• In-kind repair of existing utility structures within the current footprint of that structure, including previously authorized fill.

• Placement of rock and/or earth materials for stream/ditch bank protection and/or stream/ditch bank restoration.

• Drainage channel/ditch restoration to pre-disaster capacity and flow line unless the flow line must be altered due to other damage associated with the disaster event.

• Restoration of creek channels to pre-disaster alignment and capacity.

• Construction of temporary roads and temporary fill required to facilitate the completion of any of the above listed activities.

f. The District Engineer may require an individual permit on a case-by-case basis for any activity authorized herein.

g. You must complete the authorized work within the five year issuance period of the GP. If you need additional time to complete repairs or if flood damage occurs within the last two years of the GP’s expiration date applicants must contact the Kansas City District, Corps of Engineers, for an extension of the authorization to complete the needed work. Contact should be made at least 60 days in advance of the GP expiration date.

h. Disaster repair activities, supervised by the U. S. Army Corps of Engineers, pursuant to Public Law 84-99, and/or supervised by the United States Department of Agriculture (USDA), pursuant to any USDA program authorized for disaster recovery, do not require a PCN to the Corps of Engineers, Regulatory Branch. It is the responsibility of these federal agencies to comply with all environmental laws and Presidential Executive Orders. However, agencies of the USDA and the Corps of Engineers must report all work completed under the authorization of GP-41 to the Kansas City District, Regulatory Branch as outlined on page one of the permit. Submit reports to U.S. Army Corps of Engineers, Federal Building, 601 East 12th Street, Suite 402 (ODR), Kansas City, Missouri 64106 (Attn: GP-41).

APPENDIX II

CORPS’ REVIEW PROCEDURES FOR SECTION 7 CONSULTATION AND RESULTING

AUTHORIZATION BY GENERAL PERMIT NWK-GP-41

1. ENDANGERED SPECIES CONSULTATION. The repair activity must not be located in area containing potential habitat for federally listed species unless, following Endangered Species Act Section 7 consultation with the U.S. Fish and Wildlife Service (Service), a “not likely to adversely affect” determination is agreed upon between the Corps and the Service. If the proposed activity authorized under this permit is located in any area potentially supporting federally listed species or designated critical habitat, the following conditions must be met and will be coordinated by the appropriate Corps District: The Corps will coordinate with the Service to investigate potential species occurrence via the Service’s Information for Planning and Conservation (IPaC) website at https://ecos.fws.gov/ipac. For each species on the Service’s Official Species List, an effects determination must be made by the Corps. Concurrence from the Service must be obtained for “may affect” determinations, however “no effect” determinations do not require concurrence from the Service.

a. As conditioned under the GP, additional project specific conditions must be imposed if, through informal consultation between the Service and the Corps, they are determined to be necessary to avoid the likelihood of adverse effects to listed species or designated critical habitat.

b. In the event that the likelihood of adverse effects to listed species or designated critical habitat cannot be avoided, GP authorization will not be provided until such time as: i) formal consultation between the Service and the Corps is completed; ii) a non-jeopardy Biological Opinion is issued; and iii) the terms and conditions of any associated Incidental Take Statement are incorporated as enforceable conditions to the project authorization under

GP-41.

c. Conference via early interagency cooperation may also be necessary for species expected to become federally listed during the permit period. Conferences are required for proposed federal actions likely to jeopardize proposed species or destroy or adversely modify proposed critical habitat.

2. PROJECT DOCUMENTATION AND COMPLIANCE. The proposed repair activities must be documented by the project proponent and provided to the Corps of Engineers for review. If the repair project contains multiple sites then project documentation must be provided for each site. The documentation must include the T&E species of concern, any critical habitat effected, and a complete description of the timing and the work proposed at the location. This information will be utilized by the Corps to complete an effects determination and consult with the Service as appropriate.

https://ecos.fws.gov/ipac

APPENDIX III

Seasonal Restrictions for Activities Proposed in Fish Spawning Areas

Listing Criteria Noted at Bottom of Table

ID Stream Name Downstream Boundary (From) Upstream Boundary (To) Closure Period Listing Criteria

Length (Miles)

County

1 Baker Branch the tributary (Unnamed Creek ⑦) confluence immediately downstream of CR-SW 1075 the upstream MDC boundary (Taberville Prairie CA)

15 May - 15 July 2,4,5 4.4 St. Clair

2 Barren Fork ① its mouth (confluence with Tavern Creek) MO-17 15 March - 15 June 2,4 2.9 Miller

3 Barren Fork ② its mouth (confluence with Sinking Creek) CR-A-D 15 Nov. - 15 Feb. 6 3.4 Shannon

4 Bass Creek its mouth (confluence with Turkey Creek) US-63 15 May - 15 July 2,5,7 4.4 Boone

5 Bear Creek RT-A the south section line (6, 33N, 24W) 15 March - 15 June 2,4 10.5 Cedar, Polk

6 Beaver Creek Bull Shoals Lake (654' AMSL) MO-76 15 March - 31 July 2,4 24.3 Taney

7 Big Buffalo Creek Lake of the Ozarks (660' AMSL) its headwaters 1 April - 30 June 2,5 10.8 Benton, Morgan

8 Big Cane Creek the Missouri-Arkansas border its source (convergence of Cane Creek & Little Cane Creek)

1 March - 15 June 2,7 4.2 Butler

9 Big Creek its mouth (confluence with St. Francis River) MO-143 15 March - 15 June 5,6 12.3 Wayne, Iron

10 Big Piney River its mouth (confluence with Gasconade River) MO-17 15 March - 15 June 2,4,6,7 84.8 Pulaski, Phelps, Texas

11 Big River its mouth (confluence with Meramec River) the upstream MDC boundary (Leadwood Access)

15 March - 15 June 2,6 108.4 Jefferson, Washington, St. Francois

12 Black River ① the Missouri-Arkansas border Clearwater Dam 1 Feb. - 15 June 2,4,6,7 91.8 Butler, Wayne

13 Black River ② Clearwater Lake (498' AMSL) its source (convergence of West Fork Black River & East Fork Black River)

1 April - 31 July 2,4 27 Reynolds

14 Blue River the Missouri-Kansas border RT-W (Bannister RD) 1 April - 30 June 4,7 10.8 Jackson

15 Blue Spring Branch its mouth (confluence with Bois Brule Creek) RT-M 1 Dec. - 31 March 2 6.3 Perry

16 Blue Springs Branch its mouth (confluence with Blue Springs Creek) its source (Blue Springs) 15 Nov. - 15 Feb. 6 0.2 Crawford

17 Blue Springs Creek its mouth (confluence with Meramec River) the confluence of Blue Springs Branch 15 Nov. - 15 Feb. 5,6 4.3 Crawford

18 Bonne Femme Creek CR-Andrew Sapp RD US-63 15 May - 15 July 2,5,7 9.8 Boone

19 Bourbeuse River its mouth (confluence with Meramec River) the confluence of Clear Creek 15 March - 15 June 2,4 139.6 Franklin, Crawford, Gasconade, Phelps

20 Brush Creek ① its mouth (confluence with Shoal Creek) its headwaters 15 March - 15 June 2,4,5 8.4 Caldwell

21 Brush Creek ② its mouth (confluence with Sac River) the south…