B.08.03 AMD 0006 W912DR22B0014 Fishing Creek_7-7-22.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

Fishing Creek South Jetty Rehab and Maintenance Dredging, Calvert County, Maryland.

The purpose of this Amendment (0006) is to:

1. Provide a Revised Bid Schedule.

2. Provide an updated Wage Determination for MD 20220023 date 1 July 2022.

3. Provide the Revised Water Quality Certif ication dated 29 June 2022.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

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

16C. DATE SIGNED

BY 07-Jul-2022

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 W912DR22B0014

X 9B. DATED (SEE ITEM 11)

24-May-2022

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 is extended, X 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

07-Jul-2022

CODE

USACE, BALTIMORE

2 HOPKINS PLAZA

BALTIMORE MD 21201

W912DR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION 00010 - SUPPLIES OR SERVICES AND PRICES

UNIT PRICE SCHEDULE

Item Estimated No. Description Quantity Unit Price Amount

TOTAL ESTIMATED BASE BID AMOUNT $

Structures Monitoring

Access Dredging

Repair Area 1 (STA. 0+25 to

STA. 7+00

Geotextile

Underlayer Stone

1.5 Ton Capstone

Maintenance Dredging

Reimbursement of Performance and Payment Bonds

Mobilization and Demobilization

Maintenance Dredging Fishing Creek - Stations 0+00 to 4+223

Weir Boxes at Fishing Creek Placement Site

14,500

3,770

9,991

JOB

JOB

SF

TON

TON

JOB

JOB

CY

JOB

L.S.

L.S.

L.S.

L.S.

L.S.

OPTIONAL BID ITEMS

0010 Maintenance Dredging Fishing 12,186 CY $_______ $______ Creek Overdepth - Stations 0+00 to 4+223

0011 Repair Area 1 650 CY $_______ $_______ (STA 0+25 to 7+00) Concrete Grouting

Repair Area 2 (STA. 7+00 to STA. 9+00)

0012 Geotextile 5,150 SF $_______ $_______

0013 Underlayer Stone 170 TON $_______ $_______

0014 2.8 Ton Capstone 1,880 TON $_______ $_______

0015 Repair Area 2 Concrete Grouting 300 CY $_______ $_______

Repair Area 3 (STA. 9+00 to STA. 9+45)

0016 Geotextile 900 SF $_______ $_______

0017 Underlayer Stone 20 TON $_______ $_______

0018 2.8 Ton Capstone 350 TON $_______ $_______

TOTAL ESTIMATED BASE AND OPTIONAL BID AMOUNT $

NOTICE TO BIDDERS

Offerors must quote all items. Failure to quote on all items may be cause for rejection of the proposal.

The Optional Items may be exercised at any time within 60 calendar days after Notice to Proceed. The Contracting Officer may exercise the Optional Items by written notice to the Contractor, postmarked within the period specified above. The Government may exercise any, all or none of the listed Optional Items in any order. Additional time for contract completion will be allowed when any Optional Items are exercised.

If Option Bid Item 0010 is exercised an additional 21 days will be added to the period of performance.

If Option Bid Item 0011 is exercised an additional 3 days will be added to the period of performance.

If Option Bid Item 0012 is exercised an additional 3 days will be added to the period of performance.

If Option Bid Item 0013 is exercised an additional 5 days will be added to the period of performance.

If Option Bid Item 0014 is exercised an additional 5 days will be added to the period of performance.

If Option Bid Item 0015 is exercised an additional 3 days will be added to the period of performance.

If Option Bid Item 0016 is exercised an additional 3 days will be added to the period of performance.

If Option Bid Item 0017 is exercised an additional 5 days will be added to the period of performance.

If Option Bid Item 0018 is exercised an additional 5 days will be added to the period of performance.

Bidders must bid on all items. Failure to bid on all items may be cause for rejection of the proposal.

General Decision Number: MD20220023 07/01/2022

Superseded General Decision Number: MD20210023

State: Maryland

Construction Type: Heavy

Counties: Calvert and Charles Counties in Maryland.

HEAVY CONSTRUCTION PROJECTS (including sewer/water construction).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $15.00 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2022. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $11.25 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all |

| | hours spent performing on | | | that contract in 2022. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts.

Modification Number Publication Date 0 01/07/2022 1 02/18/2022 2 02/25/2022 3 03/25/2022 4 07/01/2022

CARP0197-008 05/01/2021

Rates Fringes

CARPENTER (Including Form Work)............................$ 30.34 13.80

ELEC0026-019 12/06/2021

Rates Fringes

ELECTRICIAN......................$ 50.00 20.49+a a.PAID HOLIDAYS: New Year's Day, Inauguration Day, Martin Luther King Jr.'s Birthday, Memorial Day, Independence

Day, Labor Day, Veterans' Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day.

ENGI0037-018 04/01/2021

CALVERT COUNTY

Rates Fringes

OPERATOR: Bulldozer.............$ 30.55 12.20+a OPERATOR: Crane.................$ 31.55 12.20+a OPERATOR: Drill.................$ 30.55 12.20+a OPERATOR: Excavator 120,000 lbs. and Under......$ 30.55 12.20+a Long and Ultra High Reach Excavators; Excavators Over 120,000 lbs............$ 30.55 12.20+a Mini-Excavators.............$ 30.55 12.20+a OPERATOR: Mechanic..............$ 30.55 12.20+a OPERATOR: Piledriver............$ 30.55 12.20+a

a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

b. On long boom cranes, including jibs, and on pile driving machines with leads, the operator shall receive the following additional pay: 130' to 169' ($0.40 per hour);

170' to 209' ($0.60 per hour); 210' to 249' ($0.80 per hour); 250' to 299' ($1.00 per hour); 300' and over ($1.25 per hour)

ENGI0077-016 05/01/2021

CHARLES COUNTY

Rates Fringes

OPERATOR: Bulldozer.............$ 33.36 10.55+a

OPERATOR: Crane 35 ton Cranes and Above.....$ 39.67 10.55+a Cranes Below 35 tons........$ 37.26 10.55+a Tower and Climbing Cranes...$ 41.73 10.55+a Tower Cranes and Cranes 100 tons and Over...........$ 41.73 10.55+a OPERATOR: Drill.................$ 39.67 10.55+a OPERATOR: Excavator.............$ 33.36 10.55+a OPERATOR: Mechanic..............$ 39.67 10.55+a OPERATOR: Piledriver............$ 37.26 10.55+a a.PAID HOLIDAYS: New Year's Day, Inaugural Day, Decoration Day, Independence Day, Labor Day, Martin Luther King's Birthday, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day.

b. PREMIUM PAY:

Tower crane and cranes 100-ton and over to receive $1.00 per hour premium.

* IRON0005-012 05/01/2022

Rates Fringes

IRONWORKER, REINFORCING..........$ 29.85 23.18

LABO0011-015 06/15/2020

Rates Fringes

LABORER (Common or General)......$ 27.09 8.63 LABORER: Mason Tender - Cement/Concrete..................$ 27.77 8.63

PAIN0051-020 08/01/2021

Rates Fringes

PAINTER: Steel..................$ 41.33 13.98

PLAS0891-006 02/01/2020

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 28.82 11.68

TEAM0570-001 06/01/2020

Rates Fringes

TRUCK DRIVER: Dump Truck........$ 28.65 8.15+a+b+c TRUCK DRIVER: Lowboy Truck......$ 30.98 8.15+a+b+c

a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

b. VACATION: Employees with 1 year of service - 2 week paid vacation

c. HEALTH AND WELFARE: $981 per month

* SUMD2010-076 07/08/2010

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 24.00 10.16

LABORER: Flagger................$ 15.71 8.58

LABORER: Grade Checker..........$ 14.62 ** 3.08

LABORER: Landscape..............$ 17.72 8.58

LABORER: Mason Tender - Brick...$ 15.93 7.83

LABORER: Pipelayer..............$ 15.50 0.00

OPERATOR: Backhoe...............$ 19.23 4.18

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 16.41 5.15

OPERATOR: Gradall...............$ 20.50 8.89

OPERATOR: Grader/Blade..........$ 19.00 5.00

OPERATOR: Loader................$ 18.65 5.02

OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 17.53 9.07

OPERATOR: Roller................$ 16.50 5.34

OPERATOR: Trackhoe..............$ 18.98 7.32

PAINTER: Brush, Roller, Spray...$ 24.32 6.91

PIPEFITTER.......................$ 21.25 5.31

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the

EO

is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers.

indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISIO

STATE OF MARYLAND

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

WATER QUALITY CERTIFICATION

CERTIFICATION NUMBER: 22-WQC-0013(R1)

ISSUED TO:

EFFECTIVE DATE:

Baltimore District US Army Corps of Engineers Navigation Branch 2 Hopkins Plaza Baltimore, Maryland, 21203 Attn:

June 29, 2022

PROJECT LOCATION: Fishing Creek Federal Navigation Channel Chesapeake Beach, Calvert County, Maryland

DESCRIPTION OF CERTIFIED PROJECT: To hydraulically dredge the Fishing Creek Federal navigation channel to its authorized depth of 7 feet MLLW (plus at least one foot of overdepth) for a width of 100 feet, and to dredge a 75-foot long by 10-foot deep access channel parallel to the existing jetty, resulting in approximately 22,000 cubic yards of material consisting of clay, mud, sand, silt, and shell. Dredged material is proposed to be hydraulically pumped to a nearby existing upland placement site. The work also includes the rehabilitation of the southern jetty along Fishing Creek by placing 1.5 to 3 ton capstone to restore the jetty elevation 2.7 feet higher than originally constructed to reduce overtopping, and increase the jetty crest width to 16 feet.

22-WQC-0013 was issued on June 9, 2022 certifying the activity described above. Additional information was subsequently received from Maryland Department of Natural Resources (DNR), which included updated time-of-year restrictions in consideration of the existing environment surrounding the proposed work. As a result, US Army Corps of Engineers (USACE) Baltimore District Navigation provided Maryland with the opportunity to revise or reconsider the June 9, 2022 WQC decision. Maryland is hereby certifying the proposed work subject to the time-of-year restrictions recommended by DNR to ensure that the activity does not result in adverse impacts to water quality or designated uses.

WATER QUALITY CERTIFICATION

UNDER AUTHORITY OF SECTION 401 OF THE FEDERAL WATER POLLUTION

CONTROL ACT AND ITS AMENDMENTS AND IN ACCORDANCE WITH § 9-313

THROUGH § 9-323, INCLUSIVE, OF THE ENVIRONMENT ARTICLE, ANNOTATED

CODE OF MARYLAND, THE MARYLAND DEPARTMENT OF THE ENVIRONMENT,

WATER AND SCIENCE ADMINISTRATION (DEPARTMENT) HAS DETERMINED

THAT THE REGULATED ACTIVITIES DESCRIBED IN THE REQUEST FOR

22-WQC-0013(R1)

CERTIFICATION WILL NOT VIOLATE MARYLAND’S WATER QUALITY

STANDARDS, IF CONDUCTED IN ACCORDANCE WITH THE CONDITIONS OF THIS

CERTIFICATION.

This Water Quality Certification (Certification) is issued under authority of Section 401 of the Federal Water Pollution Control Act and its Amendments, Title 9, Subtitle 3 of the Environment Article, and Code of Maryland Regulations (COMAR) 26.08.02.10. The Maryland Department of the Environment (Department) has determined from a review of the request application file that the project activities described in the above will not violate Maryland’s water quality standards, provided that the following conditions are satisfied. This Certification does not relieve any person conducting activities under this Certification (Certification Holder) from the responsibility to obtain any other approvals, licenses, or permits in accordance with federal, State, or local requirements.

The Certification Holder subject to this Certification shall comply with the following conditions:

SPECIAL CONDITIONS

1. The Certification Holder shall not conduct any dredging in the easternmost approximately 2,000 feet of the proposed Federal channel maintenance dredging within 500 yards of an area designated as a natural oyster bar (NOB 10-2) during the period 1 June through 30 September of any year.

2. The Certification Holder shall not perform any dredging from November 15th through March 1st of any year to protect wintering waterfowl, with the following exception: The proposed access channel dredging and jetty rehabilitation work can be performed during the period 15 November through 1 March.

3. The Certification Holder shall not perform any dredging from November 15th through March 1st of any year to protect wintering waterfowl.

4. The dredged material placement site (DMP) shall be operated to limit turbidity in the discharge to waters of the State. A turbidity sample of the discharge water shall be performed every hour of active pumping to the DMP or when there is an observed change in the clarity of the water. Turbidity in the discharge may not exceed 150 units at any time or 50 units as a monthly average. Units shall be measured in Nephelometer Turbidity Units. A logbook of all turbidity monitoring shall be kept on site. The dredger shall have a person at the discharge point of the DMP in constant radio communication. If a problem is incurred, the dredging operation shall be immediately shut down until the reason for the problem can be ascertained and rectified.

5. The Certification Holder shall conduct maintenance dredging within the scope of this Certification in terms of authorized dredge area, volume of material, and authorized depths.

6. The Licensee shall conduct a post dredge bathymetric survey and forward to the Water and Science Administration, Tidal Wetlands Division within 45 days after the termination of maintenance dredging operations.

7. If work is not conducted by the Certification Holder, all work performed under this Water Quality Certification shall be conducted by a marine contractor licensed by the Marine Contractors Licensing Board (MCLB) in accordance with Title 17 of the Environment Article of Annotated Code of Maryland. Licensing by MCLB shall occur prior to the beginning of dredging activities. A list of licensed marine contractors may be obtained by contacting the MCLB at 410-537- 3249, by e-mail at MDE.MCLB@maryland.gov or by accessing the Maryland Department of the Environment, Environmental Boards webpage.

8. Dredged material pipelines shall be installed, marked and maintained in accordance with all U.S. Coast Guard requirements for navigational safety. Dredge material pipelines and associated equipment shall be removed as soon as practicable, upon completion of activities authorized under this License.

9. The stone jetty shall be designed and constructed to prevent the loss of fill material to waters of the State of Maryland.

10. The DMP shall have an erosion and sediment control plan approved by the appropriate approval authority, including following the stabilization requirements set forth in COMAR

26.17.01.07 and “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control,” as may be amended.

11. The Certification Holder shall cease operations in the event of any inadvertent returns resulting from failure of the dredge material pipeline and associated equipment and shall:

a) Notify the Department within 24 hours; and

b) Implement an inadvertent return contingency plan approved by the Department.

GENERAL CONDITIONS

1. All water quality-related performance standards and conditions required by the Department in any state issued authorization for activities in tidal wetlands, nontidal waterways, their 100-year floodplains, nontidal wetland buffers, or nontidal wetland expanded buffers to ensure that any discharges will not result in a failure to comply with water quality standards in COMAR 26.08.02. or other water quality requirements of state law or regulation shall be met.

2. This Certification does not obviate the need to obtain required authorizations or approvals from other State, federal or local agencies as required by law.

3. The Certification Holder shall obtain any and all additional authorizations or approvals, including self-certifying General Permits issued by the Department, and shall comply with all conditions of such authorizations.

4. The proposed project shall be constructed in accordance with the approved final plan by the Department, or, if Department approval is not required, the plan approved by the U.S.

Army Corps of Engineers; and its approved revisions.

5. All fill and construction materials not used in the project shall be removed and disposed of in a manner which will prevent their entry into Waters of the U.S. and State.

6. This Certification does not authorize any injury to private property, any invasion of rights, or any infringement of federal, state, or local laws or regulations.

7. The Certification Holder shall allow authorized representatives of the Department access to the site of authorized activities during normal business hours to conduct inspections and evaluations of the operations and records necessary to assure compliance with this Certification.

8. No stockpiles of any material shall be placed in Waters of the U.S. or state or private tidal wetlands.

9. This Certification is valid for the project identified herein and the associated federally-approved U.S. Army Corps of Engineers Civil Works Navigation Branch project, until such time that federal approval expires or is not administratively extended.

STATEMENTS OF NECESSITY AND CITATIONS

1. Statement of Necessity for Special Condition 1: A time of year restriction is necessary to maintain the designated use for support of estuarine and marine aquatic life and shellfish harvesting. Oysters spawn and subsequently set their spat during the period June through September in estuarine sections of rivers and the Bay. During this period, dredge units can entrain and destroy oyster eggs and larvae. In addition, sediments resuspended by dredging activities may affect oysters. Potentially, larval oysters could be starved by ingesting sediment particles which are the same size as prey organisms. Larval oysters could also delay metamorphosis to spat because the substrate is covered with loose sediments and is therefore unsuitable. Oysters also become inactive during the colder months of the year and are more liable to burial (inability to clear themselves of deposited sediment) during this period of reduced activity.

Citation: Federal and state laws which authorize this condition include but are not limited to: COMAR: 26.08.02.02B(1)(d); 26.08.02.02B(3); COMAR 26.08.02.02-1

2. Statement of Necessity for Special Condition 2: A time of year restriction is necessary to allow for wintering waterfowl to move from breeding areas to seasonally use suitable winter habitat. Breeding and wintering habitat are both essential to support waterfowl populations. Breeding habitat would not sustain waterfowl during winter. Disturbance during the closure period would interfere directly or indirectly with designated uses for growth and propagation of wildlife.

Citations: 33 U.S.C. § 1341(a), (b), & (d); 33 U.S.C. § 1251(b); 33 U.S.C. § 1370; Md.

Ann. Code, Env. Article, Title 1, Subtitles 3 and 4; Md. Ann. Code, Env. Article, Title 9, Subtitle 3; Md. Ann. Code, Env. Article, Title 16; COMAR 26.08; COMAR 26.08.02.02.B.(3)

3. Statement of Necessity for Special Condition 3: Activities which result or may result in a discharge to regulated waters, including dredging and dredged material placement may require monitoring to ensure that water quality standards are met and designated uses are maintained, and to determine if remedial measures are needed to restore compliance with water quality standards if they are not met as a result of the discharge. The condition is necessary to ensure that dredged material does not increase turbidity in violation of general and numeric water quality standards and interfere with designated uses and to ensure that offsets to regulated waters are successfully implemented.

Citation: COMAR 26.08.02.03-3A(5); COMAR 26.08.02.03-3(C(5); COMAR

26.08.02.01B(2); COMAR 26.08.02.02B(1) COMAR 26.08.02.02B(3); COMAR

26.08.02.03B; COMAR 26.08.02.02B(1); 26.08.02.03B(1)(b); 26.08.02.03B(2)(e);

26.08.02; 26.08.01.02A; 26.08.02.09A; 26.08.02.02B(1)(d); COMAR 26.24;

26.08.02.03-3C(9)(a); COMAR 26.08.02.03B(2); COMAR 26.08.02.02B(1)(d);

4. Statement of Necessity for Special Condition 4: The limits on the scope of maintenance dredging are necessary to ensure that no discharges would violate water quality standards and designated uses for water clarify, turbidity, growth and propagation of fish, other aquatic life, and wildlife; and water contact recreation

Citations: COMAR 26.08.02.02B(1)(d); COMAR 26.08.02.02B(3); COMAR 26.08.02.03B

5. Statement of Necessity for Special Condition 5 : The condition is necessary to ensure that discharges associated with dredging result in water depths which are appropriate to support designated uses of fishing and water contact recreation and propagation of fish, other aquatic life and wildlife; and ensure that no discharges are unsightly, create a nuisance, change to an objectionable color or interferes with designated uses.

Citations : COMAR 26.08.02.01B(2); COMAR 26.08.02.02B(1); 26.08.02.02B(3);

COMAR 26.08.02.03B

6. Statement of Necessity for Special Condition 6: Expertise for conducting certain activities is required to ensure that there is no violation of water quality standards nor interference with designated uses. This condition is necessary to ensure that discharges will be conducted in a manner which does not violate water quality criteria nor interfere with designated uses.

Citation: COMAR 26.08.02.02B(2)- B(4); COMAR 26.08 02.03B(2)(d) – (e ); COMAR 26.08.02.03B(1)(b); 26.08.02.03B(2); COMAR 23.02.04.04

7. Statement of Necessity for Special Condition 7: The condition is necessary to ensure that the discharge does not interfere with navigational safety and designated uses for water contact recreation and fishing, nor create a nuisance.

Citation: COMAR 26.08.02.01B(1) and B(2); COMAR 26.08.02.03B(1)(a); COMAR 26.08.02.03B(2)(d)

8. Statement of Necessity for Special Condition 8, 9 & General Condition 5, 8: Fill or construction material within or adjacent to regulated resources may cause discharges resulting in turbidity in excess of water quality standards and interfere with designated uses of growth and propagation of fish, other aquatic life, wildlife; and other designated uses;

and fail to meet general water quality criteria that waters not be polluted by substances in amounts sufficient to be unsightly or create a nuisance.

Citation: 26.08.02.03B(1)-B(2); COMAR 26.23; COMAR 26.24; COMAR 26.17.04

9. Statement of Necessity for Special Condition 9: Erosion and sediment control plans are necessary to ensure that sediment discharges from construction activities will not enter waters of the United States. Sediment discharges from earth disturbance or discharges at erosive rates within or adjacent to regulated resources may cause discharges resulting in turbidity in excess of water quality standards and interfere with designated uses of growth and propagation of fish, other aquatic life, wildlife; and other designated uses; and fail to meet general water quality criteria that waters not be polluted by substances in amounts sufficient to be unsightly or create a nuisance

Citation: Env. Article, Title 4, Subtitle 1 COMAR 26.17.01; 26.08.02.03B(1)-B(2)

10. Statement of Necessity for Special Condition 10: The condition is necessary to ensure that water quality standards are met under unique circumstances for inadvertent discharges and that designated uses of waters are maintained. Releases of significant amounts of sediment can impact aquatic environments and if unchecked can alter them to an uninhabitable state.

Citation: Federal and state laws that authorize this condition include but are not limited to:

33 U.S.C. § 1341(a), (b), & (d); 33 U.S.C. § 1251(b); 33 U.S.C. § 1370; Md. Ann. Code, Env. Article, Title 1, Subtitles 3 & 4; Md. Ann. Code, Env. Article, Title 9, Subtitle 3; Md.

Ann. Code, Env. Article, Title 9, Subtitle 3; Md. Ann. Code, Env. Article, Title 5, Subtitles 5 and 9; Md. Ann. Code, Env. Article, Title 9, Subtitle 3; Md. Ann. Code, Env. Article, Title 16; COMAR 26.08; COMAR 26.08.02.10G(3); COMAR 26.17.04; COMAR 26.23;

COMAR 26.24; COMAR 26.23.02.06, COMAR 26.08, COMAR 26.08.02.10E; COMAR

26.08.02.09C(3); COMAR 26.08.02.03B(1)(b); COMAR 26.08.02.03B(2); COMAR

26.08.02.03-3; COMAR 26.08.02.02B(2); COMAR 26.08.02.02B(4); COMAR

26.08.02.02B(6); COMAR 26.08.02.02B(8)

11. Statement of Necessity for General Condition 1, 2, 3, 4: The condition is necessary to ensure that water quality standards are met and designated uses are maintained.

Citations: Federal and state laws which authorize this condition include but are not limited to: 33 U.S.C. § 1341(a), (b), & (d); 33 U.S.C. § 1251(b); 33 U.S.C. § 1370; Md.

Ann. Code, Env. Article, Title 1, Subtitles 3 and 4; Md. Ann. Code, Env. Article, Title 5, Subtitles 5 and 9; Md. Ann. Code, Env. Article, Title 9, Subtitle 3; Md. Ann. Code, Env.

Article, Title 16; COMAR 26.08; COMAR 26.08.02.10G(3); COMAR 26.23.02.06;

COMAR 26.17.01; COMAR 26.23; COMAR 26.24

12. Statement of Necessity for General Condition 6: The condition is necessary to clarify the scope of this certification to ensure compliance with water quality regulations, without limiting restrictions through other requirements.

Citation: Federal and state laws which authorize this condition include but are not limited to: 33 U.S.C. § 1341(a), (b), & (d); 33 U.S.C. § 1251(b); 33 U.S.C. § 1370; Md. Ann.

Code, Env. Article, Title 1, Subtitles 3 and 4; Md. Ann. Code, Env. Article, Title 5, Subtitles 5 and 9; Md. Ann. Code, Env. Article, Title 9, Subtitle 3; Md. Ann. Code, Env.

Article, Title 16; COMAR 26.08, COMAR 26.08.02.10E; COMAR 26.23.02.06; COMAR

26.17.04; COMAR 26.23; COMAR 26.24

13. Statement of Necessity for General Condition 7: Conditions of certification involve precise actions to comply with water quality standards. Site inspection may be necessary to ensure that limits, methods, and other requirements are met to ensure that water quality standards are met and designated uses are maintained.

Citation: Federal and state laws that authorize this condition include but are not limited to:

33 U.S.C. § 1341(a), (b), & (d); 33 U.S.C. § 1251(b); 33 U.S.C. § 1370; Md. Ann. Code, Env. Article, Title 1, Subtitles 3 and 4; Md. Ann. Code, Env. Article, Title 5, Subtitles 5 and 9; Md. Ann. Code, Env. Article, Title 9, Subtitle 3; Md. Ann. Code, Env. Article, Title 16;

COMAR 26.08; COMAR 26.23.02.06; COMAR 26.23; COMAR 26.24; COMAR 26.17.04

14. Statement of Necessity for General Condition 9 : This condition is necessary to qualify the period of applicability of the terms and conditions of this Certification to be protective of Maryland water quality standards.

Citations : Federal and state laws which authorize this condition include but are not limited to: 33 U.S.C. § 1341(a), (b), & (d); 33 U.S.C. § 1251(b); 33 U.S.C. § 1370; 40 C.F.R. 121, 15 C.F.R. 930, Md. Ann. Code, Env. Article, Title 1, Subtitles 3 and 4; Md. Ann. Code, Env. Article, Title 5, Subtitles 5 and 9; Md. Ann. Code, Env. Article, Title 9, Subtitle 3;

Md. Ann. Code, Env. Article, Title 16; COMAR 26.08; COMAR 26.17.04; COMAR

26.23; COMAR 26.24

Failure to comply with these conditions may subject the Certification Holder to criminal and/or civil penalties or other enforcement action in accordance with applicable law.

CERTIFICATION APPROVED: DATE:

D. Lee Currey, Director Water and Science Administration

Tracking Number: 202260727 Agency Interest Number: 175046 Effective Date: June 29, 2022

Enclosure: Plan Sheets dated March 2022 cc: WSA Inspection & Compliance Program

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