A02_Mechanical_Dredging_SOW_-_Final.pdf

Mechanical Dredge 2

PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 13 GENERAL

01 22 00.00 13 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)

01 45 04.00 13 CONTRACTOR QUALITY CONTROL

01 57 20.00 13 ENVIRONMENTAL PROTECTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 DREDGING

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 00 00.00 13

GENERAL

PART 1 GENERAL

1.1 SCOPE

1.1.1 Number of Dredging Plants

1.1.2 Dredging Production

1.1.3 Historical Data

1.1.4 Memorandums of Understanding and Permits

1.2 ORGANIZATION OF SPECIFICATIONS

1.3 USE OF REFERENCES

1.4 SUBMITTALS

1.5 MEASUREMENT AND PAYMENT

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 DISPOSAL OF DEBRIS AND WASTE

3.2 ROADWAYS

3.2.1 Traffic Hazards

3.3 SCHEDULING

3.3.1 General

3.4 CONSTRUCTION RESTRICTIONS

3.4.1 Emergency Dredging

3.4.1.1 Contractor Emergency Contacts

3.4.2 Dredging Buoys

3.4.3 Noise pollution

3.4.4 Pipeline/Utility Crossings

3.4.4.1 Government Identified Utilities

3.4.5 No Wake Zones

3.5 WORK PERFORMED BY OTHERS

3.6 SAFETY SIGN

3.7 U.S. COAST GUARD REGULATIONS AND LICENSING REQUIREMENTS

3.8 SEWAGE AND BILGE WATER DISPOSAL

3.9 SAFETY

3.10 LOCK AND DAM OPERATIONS

3.11 ATTACHMENTS

-- End of Section Table of Contents --

1 SECTION 01 00 00.00 13 September 04, 2019

SECTION 01 00 00.00 13

GENERAL

PART 1 GENERAL

1.1 SCOPE

Furnish, deliver and operate dredge and attendant plant for maintenance dredging between Upper Mississippi River Miles 612.0 and 857.6 and between Minnesota River Miles 0.0 and 14.7, between St. Croix River Miles 0.0 and 24.5, between Black River Miles 0.0 and 1.4 in the St. Paul District. The contract includes options for 4 additional years of maintenance dredging.

The Government will not issue task orders for work upstream of river mile 854 unless the Upper St. Anthony Lock is reopened to commercial traffic.

1.1.1 Number of Dredging Plants

Provide one dredging plant for the areas specified. The plant may also be used for emergency dredging if necessary. The Contracting Officer may require the plant to remain ready for use from time of mobilization until the end of the ordering period.

1.1.2 Dredging Production

Schedule operations in order to perform a minimum of 2,000 cubic yards (CY) per 12 hour shift of maintenance dredging or 10,000 CY per 5 day work week for the dreding plant. The Contracting Officer may, however, require 24 hours per day seven days per week operation depending on the amount of shoaling, or emergencies. For 24 hour operations, the minimum dredging is 4,000 CY per day. The Contractor will be expected to work on ten premium days during each dredging season as directed by the Contracting Officer.

Premium days are defined in SECTION 35 20 23: DREDGING. Production lost due to Contractor equipment failures or breakdowns, shall be regained by scheduling additional shifts or by scheduling work on days classified as Premium, without charge to Premium day allotment. The Contractor shall notify the Contracting Officer of their means, methods and schedule to regain lost production.

1.1.3 Historical Data

Computation sheets which list potential dredging locations, the frequency of dredging and other statistical information, and potential dredged material placement sites, are included at the end of this SECTION. The river miles for these dredging locations and dredged material placement sites are provided on the computation sheets and may be referenced with a current edition of Upper Mississippi River Navigation Charts published by the U.S. Army Corps of Engineers. These computation sheets are compiled from historical data; they are not a warranty or representation as to which specific areas will require dredging, the quantities that will be dredged, or the placement sites which will be used under this contract.

1.1.4 Memorandums of Understanding and Permits

The Following Permits and MOUs are attached at the end of this SECTION:

- Minnesota Department of Natural Resources Public Waters Work Permit

- Wisconsin Department of Natural Resources Memorandum of Understanding

2 SECTION 01 00 00.00 13 September 04, 2019

- Minnesota Pollution Control Agency State Disposal System Permit

- Iowa Department of Natural Resources Section 404(t) Permit and On-Site Inspection Team Process

Permits from the Iowa Department of Natural Resources for placement of material at Corps designated sites will be the responsibility of the Government and obtained and updated on an as needed basis. The Contractor shall conduct all work under this contract in accordance with the permits and MOU's applicable to the locale of the work. If there is a conflict between the terms or conditions of a permit or MOU and this contract, the Contractor shall submit that conflict to the Contracting Officer for resolution prior to initiating that portion of the work.

1.2 ORGANIZATION OF SPECIFICATIONS

The specifications which govern the materials and equipment to be furnished and the work to be performed under this contract are listed in the Table of Contents. No attempt has been made in the specifications to segregate work to be performed by any trade, craft, or subcontractor. Any segregation between the trades or crafts shall be solely a matter for agreement between the Contractor, Contractor's employees, and subcontractors. Nothing in this paragraph excuses the Contractor from compliance with the Davis Bacon Act and any other applicable contract labor standards.

1.3 USE OF REFERENCES

Reference to the standards, specifications, or codes of any technical society, organization, or association, or local, State, or Federal authority shall mean the specific edition or revision listed.

Various publications are referenced in other sections of the specifications to establish requirements for the work. Any referenced publication is to be used solely for technical requirements. Measurement and payment and any other matters respecting the administration of this contract shall be governed by the terms of this contract without considering any referenced publication. These references are identified in each section by document number, date and title. The addresses, phone numbers, and Internet addresses (if available) for references cited in these specifications are listed in Section: UFGS 01 42 00 SOURCES FOR REFERENCE PUBLICATIONS.

1.4 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Contractor Emergency Contacts

Emergency contacts as specified in paragraph: Contractor Emergency Contacts shall be submitted.

1.5 MEASUREMENT AND PAYMENT

The work of this section will not be measured for payment, and shall be considered incidental to the contract.

3 SECTION 01 00 00.00 13 September 04, 2019

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.1 DISPOSAL OF DEBRIS AND WASTE

The Contractor's attention is directed to Section 01 57 20.00 13 ENVIRONMENTAL PROTECTION and to the following CONTRACT CLAUSES: 52.236-7

PERMITS AND RESPONSIBILITIES; 52.236-9 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS; 52.236-10 OPERATIONS

AND STORAGE AREAS; and 52.236-12 CLEANING UP.

3.2 ROADWAYS

3.2.1 Traffic Hazards

When continuous haul operations or other conditions created by the Contractor's operations result in interference or hazard to traffic on streets and highways, beyond that of ordinary public usage, the Contractor shall erect warning signs and provide flagging services as necessary to safeguard the public. Signage shall be in compliance with the current Manual on Uniform Traffic Control Devices (MUTCD).

3.3 SCHEDULING

3.3.1 General

It shall be the responsibility of the Contractor to schedule and execute the work, incorporating the necessary requirements set forth in these specifications.

3.4 CONSTRUCTION RESTRICTIONS

3.4.1 Emergency Dredging

The Contracting Officer reserves the right to order the Contractor's plant to an emergency dredge location or to use other contracted or Government plant to perform emergency dredging. Emergency dredge locations may be beyond ordinary limits of work. The Government will provide coordinates for the dredge cut corners in Minnesota South Zone and/or Iowa North Zone State Plane System in NAD 83 (North American Datum of 83)for dredging within the St. Paul District. The contractor shall be ready to proceed to the emergency dredge location within 24 hours after receiving the Contracting Officer's task order. The Contractor shall layout the cut with his own forces in accordance with the electronic dredge cut control data provided with the task order. In the event emergency dredging differs significantly from other dredging under this contract the contract will be modified in accordance with CONTRACT CLAUSE 52.243-4: CHANGES. Emergency dredging is defined in SECTION 35 20 23.

3.4.1.1 Contractor Emergency Contacts

Submit to the Contracting Officer the name(s) and telephone number(s) of person(s) who can be contacted on weekends, nights, and holidays in the

4 SECTION 01 00 00.00 13 September 04, 2019 event of an emergency.

3.4.2 Dredging Buoys

If dredging buoys are used, they shall comply with U.S. Coast Guard marking requirements.

3.4.3 Noise pollution

Keep noise pollution to a minimum in accordance with SECTION 01 57 20.00 13: ENVIRONMENTAL PROTECTION. In addition, when working within or near the City of Minneapolis, the Contractor's operations shall comply with the City of Minneapolis Noise Ordinance. Other municipalities may also have Noise Ordinances, and it shall be the Contractor's responsibility to comply with all local ordinances. Costs to comply with local ordinances shall not be grounds for a contract adjustment.

3.4.4 Pipeline/Utility Crossings

Identify any pipelines or other utilities (facilities) in the vicinity of the Contractor's work and insure that adequate measures are taken to avoid any damage to or disruption of those facilities. The Contractor is responsible for any damage to or disruption of those facilities and shall indemnify and hold harmless the United States of America, its officers, agents, and employees from any and all liabilities arising from or relating to that damage or disruption. To ensure facilities are not damaged, the Contractor shall not dredge deeper than 11 feet below low control pool (LCP) within a 60-foot corridor (30 feet on either side) of any pipeline/utility. In addition, do not spud or use anchoring devices within 30 feet on either side of a pipeline/utility.

3.4.4.1 Government Identified Utilities

It is the Contractors responsibility to verify the existence of pipelines/utilities at each dredging location prior to commencing work.

3.4.5 No Wake Zones

Many municipalities have specific wake restrictions. The Contractor is responsible for complying with all local ordinances. Costs to comply with local ordinances shall not be grounds for a contract adjustment.

3.5 WORK PERFORMED BY OTHERS

The Governmentreserves the right to advertise and award (an) additional contract(s) if deemed necessary. The Government also reserves the right to dredge with Government plant. Material moved by other contract or by Government plant will not be measured for payment under this contract. The decision of the Contracting Officer to employ plant under separate contract or Government plant shall be final and shall not be subject to the disputes clause of this contract.

3.6 SAFETY SIGN

Upon commencement of work under this contract, the Contractor shall furnish and mount a safety sign, as shown at the end of this section, on the dredging plant. The sign shall be maintained in good condition throughout the contract. Removable numerals shall be furnished. Requirements for

5 SECTION 01 00 00.00 13 September 04, 2019 display of additional safety information is found in SECTION 01 35 26:

GOVERNMENTAL SAFETY REQUIREMENTS, Paragraph: DISPLAY OF SAFETY INFORMATION.

3.7 U.S. COAST GUARD REGULATIONS AND LICENSING REQUIREMENTS

Floating plant equipment and personnel shall comply with the applicable U.S. Coast Guard regulations and licensing requirements. Floating plant equipment shall meet the applicable requirements of 46 CFR Chapter 1 Subchapter E and 46 CFR 44.05-10.

3.8 SEWAGE AND BILGE WATER DISPOSAL

The Contractor's methods for disposal of sanitary sewage and bilge water, accumulated aboard floating plant equipment, shall meet applicable State and Federal Regulations.

3.9 SAFETY

When wheeled or tracked equipment is operated on floating plant, adequate safeguards shall be installed to prevent it from moving off the floating plant into the water. Such a safeguard shall be a bumper or curb with a minimum height of one-third of the outside diameter of the largest wheel, or shall be a barge tied alongside. Other safeguards may be used if approved by the Contracting Officer.

3.10 LOCK AND DAM OPERATIONS

The Contractor shall not interfere with normal lock and dam operations.

Lock and Dam personnel will not accept deliveries, phone calls, or mail or deliver messages for the Contractor.

3.11 ATTACHMENTS

Safety Sign; 1 page

Summary of Dredging Locations, St. Paul District; 4 pages

St. Paul District - COE, Placement Site Inventory; 2 pages

St. Paul District - COE, Sites with Special Considerations; 1 page

MN DNR, General Permit 1994-5082, expiring 31 December 2022; 29 pages

WI DNR, MEMORANDUM OF UNDERSTANDING, expiring 31 December 2020; 16 pages

MPCA, State Disposal System (SDS) Permit MN0050580; 33 pages

Iowa Section 404(t) Permit and On-Site Inspection Team (OSIT) Process;

13 pages

-- End of Section --

6 SECTION 01 00 00.00 13 September 04, 2019

SIGN REQUIREMENTS

Project Sign Attachment

SAFETY SIGN

All typography is flush left and rag right, upper and lower case with initial capitals only as shown. Letter and word spacing to follow Corps Standards (EP 310-1-6a and 6b), https://www.publications.usace.army.mil/USACE-Publications/Engineer-Pamphlets/

Legend Group 1: Standard two-line title "Safety is a Job Requirement" with (8" od.) Safety Green First Aid logo. Typeface: 3" Helvetica Bold; Color: Black.

Legend Group 2: One- to two-line project title legend describes the work being done under this contract and name of host project. Color: Black; Typeface: 1.5" Helvetica Regular; Maximum line length: 42".

Legend Group 3: One- to two-line identification: name of prime contractor and city, state address.

Color: Black; Typeface: 1.5" Helvetica Regular; Maximum line length: 42".

Legend Group 4: Standard safety record captions as shown.

Color: Black; Typeface: 1.25" Helvetica Regular.

Replaceable numbers are to be mounted on white 0.060 aluminum plates and screw-mounted to background. Color: Black; Typeface: 3" Helvetica Regular; Plate size: 2.5" x 4.5".

https://www.publications.usace.army.mil/USACE-Publications/Engineer-Pamphlets/

31 January 2019 Page 1 (CMMP TAB 4 - 1)

Avg. Vol. Avg. Vol. Last Date Pool Cut Name Location Per Year Per Job % Once every # Yrs Dredged

*** Main Channel Dredging *** MN Abv. Savage R.R. Br. 14.3-14.7 5,338 13,767 39% 3 10/3/2017 MN Cargill Slip 12.5-13.6 993 5,123 19% 5 9/24/2015 MN Peterson's Bar 11.8-12.4 11,069 18,703 59% 2 9/7/2018 MN Blw. Peterson's Bar 11.3-11.7 295 7,227 4% 25 10/18/1982 MN Abv. 35W Br. 10.7-11.2 747 36,612 2% 49 10/25/1983 MN 4 Mile Cut-off 3.4-4.7 90 4,389 2% 49 8/18/1987 MN Mouth of the MN River 0.0-1.1 658 16,117 4% 25 11/15/1993 SC Hudson 16.1-17.6 3,734 182,964 2% 49 1974 SC Kinnickinnic Bar 6.0-6.5 3,450 33,812 10% 10 4/26/1989

USAF Mpls. Turning Basin 856.8-857.6 13,626 29,029 47% 2 9/7/2012 USAF Abv. Lowry Ave. Br. 856.4-856.8 18,229 33,082 55% 2 11/4/2014 USAF Blw. Lowry Ave. Br. 856.0-856.4 181 8,871 2% 49 9/2/1992 USAF Broadway Ave. Br. 855.3-856.1 3,706 13,451 28% 4 8/25/2011 USAF Abv. Plymouth Ave. Br. 854.8-855.3 5,501 21,562 26% 4 10/27/2011

1 Lower Appch. LSAF 853.3-853.4 161 830 19% 5 7/21/2014 1 Washington Ave. Br. 852.5-853.0 1,038 16,952 6% 16 1972 1 Abv. Franklin Ave. Br. 851.6-852.4 2,644 16,193 16% 6 10/14/2004 1 Blw. Franklin Ave. Br. 850.7-851.4 6,393 24,096 27% 4 9/24/2010 1 Abv. Lake St. Br. 849.9-850.5 10,135 22,573 45% 2 4/6/2015 1 Blw. Lake St. Br. 848.9-849.9 5,675 21,390 27% 4 9/25/2012 1 St. Paul Daymark 848.5-848.9 1,760 14,372 12% 8 1988 1 Upper Appch. L/D 1 847.7-848.4 3,426 20,984 16% 6 10/28/2002 2 Lower Appch. L/D 1 847.4-847.5 141 2,298 6% 16 10/1/2014 2 Abv. & Blw. Smith Ave. 840.0-841.3 2,679 11,932 22% 4 10/30/2001 2 Abv. Wabasha Ave. Br. 839.5-839.6 23 573 4% 25 8/2/2000 2 Blw. Lafayette St. Br. 838.0-839.0 188 9,224 2% 49 1970 2 St. Paul Barge Terminal 836.4-837.8 46,368 100,979 46% 2 11/4/2014 2 Grey Cloud Slough 827.5-828.3 5,506 22,481 24% 4 9/23/2008 2 Robinson Rocks 826.0-826.3 161 7,894 2% 49 1977 2 Pine Bend Landing 824.3-824.6 5,474 33,527 16% 6 11/4/2015 2 Pine Bend 822.7-823.7 17,451 40,720 43% 2 11/20/2018 2 Boulanger Bend 820.3-821.4 19,750 53,765 37% 3 6/21/2016 2 Boulanger Bend Lwr. Lt. 819.3-820.3 9,522 46,659 20% 5 8/14/2018 2 Freeborn Light 818.0-819.3 11,613 35,566 33% 3 7/16/2018 2 Upper Appch. L/D 2 815.2-816.5 305 14,936 2% 49 1974 3 Lower Appch. L/D 2 814.1-815.1 2,816 19,711 14% 7 7/13/2012 3 Prescott 810.3-811.7 926 45,352 2% 49 1972 3 Truedale Slough 807.9-808.6 544 26,644 2% 49 1972 3 Four Mile Island 807.0-807.9 1,396 68,388 2% 49 1972 3 Big River 804.1-806.0 1,982 19,423 10% 10 5/18/2000 3 Morgans Coulee 802.2-802.9 5,818 21,928 27% 4 11/3/2016 3 Coulters Island 800.8-801.9 13,963 27,367 51% 2 11/8/2018 3 Diamond Bluff 798.8-800.8 15,772 33,602 47% 2 11/16/2018 4 Trenton 794.0-794.6 3,262 26,643 12% 8 10/12/2018 4 Cannon River 792.1-793.7 10,312 31,582 33% 3 10/10/2018 4 Red Wing Hwy. Br. 789.5-791.7 3,263 53,288 6% 16 10/19/2009 4 Head of Lake Pepin 785.2-785.4 928 22,739 4% 25 6/7/2000 4 Chippewa Delta 762.6-763.8 81,412 209,958 39% 3 10/12/2018 4 Reads Landing 761.8-763.8 35,762 56,528 63% 2 6/1/2018 4 Crats Island 758.7-759.3 53,654 67,411 80% 1 9/19/2018 4 Teepeeota Point 757.0-757.9 33,529 46,940 71% 1 7/6/2018 4 Grand Encampment 755.8-756.9 30,028 44,587 67% 1 11/19/2018 4 Beef Slough 753.8-754.3 11,335 23,142 49% 2 7/9/2018

Frequency of DredgingHistoric Dredge Cuts 1970 Through 2018

SUMMARY OF DREDGING LOCATIONS - ST PAUL DISTRICT

31 January 2019 Page 2 (CMMP TAB 4 - 1)

Pool Cut Name Location Per Year Per Job % Once every # Yrs Dredged

Frequency of DredgingHistoric Dredge Cuts 1970 Through 2018

SUMMARY OF DREDGING LOCATIONS - ST PAUL DISTRICT

5 Lower Appch. L/D 4 752.5-752.6 322 5,264 6% 16 1976 5 Upper Zumbro 749.2-749.8 678 11,080 6% 16 10/12/2009 5 Mule Bend 747.8-749.2 18,995 40,468 47% 2 7/22/2018 5 West Newton 747.2-747.8 5,635 23,011 24% 4 6/27/2007 5 Blw. West Newton 746.0-746.8 12,209 24,928 49% 2 7/25/2013 5 Fisher Island 744.8-746.0 38,165 47,950 80% 1 7/29/2018 5 Lower Zumbro 743.0-744.6 19,930 32,552 61% 2 7/16/2018 5 Minneiska 742.7-743.0 6,903 28,187 24% 4 6/10/2005 5 Abv. Mt. Vernon Light 741.2-741.5 4,474 27,402 16% 6 6/30/2015 5 Below Mt.Vernon Light 740.2-740.4 219 10,732 2% 49 8/13/2018

5A Island 58 734.0-735.2 4,874 29,854 16% 6 1982 5A Fountain City 733.3-733.8 825 40,411 2% 49 1972 5A Betsy Slough 731.0-732.0 29,630 33,765 88% 1 8/6/2018 5A Wilds Bend 730.2-730.7 12,464 25,448 49% 2 10/30/2013 6 Lower Appch. L/D 5A 728.4-728.5 200 4,910 4% 25 1983 6 Blw. Winona R.R. Br. 722.9-723.8 12,701 25,932 49% 2 10/8/2018 6 Gravel Point 721.8-722.9 1,263 10,312 12% 8 8/7/2014 6 Homer 719.7-721.1 7,914 31,023 26% 4 8/4/2016 6 Blacksmith Slough 718.5-719.4 3,607 18,606 19% 5 9/18/2018 6 LaMoille Light 716.9-717.2 204 9,984 2% 49 9/30/2008 6 Upper Appch. L/D 6 714.5-714.6 30 1,466 2% 49 8/3/2000 7 Lower Appch. L/D 6 714.0-714.3 7,062 21,628 33% 3 8/27/2018 7 Richmond Island 711.4-712.3 2,617 32,053 8% 12 1982 7 Winters Landing 707.4-709.3 19,142 33,498 57% 2 8/15/2018 7 Dakota 706.1-706.6 5,397 18,890 29% 4 9/5/2014 7 Dresbach 704.0-705.3 7,352 22,514 33% 3 9/8/2009 7 Lower Dresbach Island 703.0-703.7 9,411 17,736 53% 2 7/24/2018 7 Upper Appch. L/D 7 702.5-703.0 1,385 9,698 14% 7 7/31/2018 8 Lower Appch. L/D 7 702.3-702.4 247 12,089 2% 49 1973 8 LaCrosse R.R. Br. 699.8-700.4 4,496 36,717 12% 8 1986 8 Blw. LaCrosse R.R. Br. 698.7-699.4 533 8,704 6% 16 10/21/2002 8 LaCrosse 698.6-698.7 166 8,113 2% 49 1989 8 Sand Slough 694.3-695.0 1,638 26,748 6% 16 10/1/2009 8 Root River 693.0-693.7 3,488 14,244 24% 4 8/28/2015 8 Picayune Island 690.8-692.4 9,450 38,589 24% 4 9/29/2018 8 Abv. Brownsville 689.9-690.8 19,015 33,277 57% 2 10/2/2018 8 Brownsville 688.7-689.4 18,386 31,065 59% 2 8/29/2014 8 Head of Raft Channel 687.5-688.7 18,380 36,025 51% 2 10/12/2018 8 Deadman's Slough 686.5-687.5 2,854 23,310 12% 8 9/16/2016 8 Crosby Slough 684.6-685.0 265 12,997 2% 49 8/22/2001 9 Lower Appch. L/D 8 678.7-679.2 309 5,042 6% 16 1988 9 Island 126 677.5-678.4 5,048 35,338 14% 7 9/8/2015 9 Twin Island 676.0-676.6 127 6,200 2% 49 1976 9 Battle Island 671.0-672.0 1,551 25,334 6% 16 1980 9 Indian Camp Light 665.0-665.8 17,895 25,052 71% 1 8/14/2018 9 Lansing Upper Light 663.8-664.9 32,491 44,224 73% 1 8/18/2018 9 Above Atchafalaya Bluff 660.0-661.0 3,878 63,347 6% 16 5/28/2015

10 Hay Point 646.0-646.6 1,619 39,667 4% 25 1972 10 Jackson Island 643.7-644.7 4,540 74,159 6% 16 1981 10 Mississippi Gardens 642.7-643.4 3,778 46,283 8% 12 9/17/2010 10 Prairie Du Chien / East Chan 635.7-636.1 2,853 34,948 8% 12 9/17/2018 10 Wyalusing 627.0-629.0 698 34,217 2% 49 1970 10 Catfish Slough 625.8-626.5 434 21,279 2% 49 5/7/2015 10 Hovie Island 621.8-622.5 1,054 25,829 4% 25 9/29/2015

31 January 2019 Page 3 (CMMP TAB 4 - 1)

Pool Cut Name Location Per Year Per Job % Once every # Yrs Dredged

Frequency of DredgingHistoric Dredge Cuts 1970 Through 2018

SUMMARY OF DREDGING LOCATIONS - ST PAUL DISTRICT

10 McMillan Island 617.6-619.6 17,948 36,643 49% 2 10/19/2018 10 Upper Appch. L/D 10 615.1-616.5 1,396 34,199 4% 25 9/5/2018

*** Authorized Harbor Dredging *** 2 St. Paul SBH 839.6 4,071 9,067 0% 0 9/13/2018 3 Hastings SBH 813.2 348 5,686 45% 2 11/10/1997 4 Red Wing Comm. Harbor 791.5 164 1,603 6% 16 9/17/2018 4 Red Wing SBH 791.0 895 14,624 10% 10 9/24/2018 4 Bay City 786.8 0 0 6% ---- ---- 4 Lake City 772.5 0 0 0% ---- ---- 4 Pepin SBH 767.0 47 1,146 0% 0 1980 4 Wabasha SBH 760.5 0 0 4% ---- ---- 4 Alma SBH 754.0 63 3,104 0% 0 1970 6 Winona Comm. Harbor 726.3 91 1,480 2% 49 10/2/1996 6 Winona SBH 726.1 1,610 3,587 6% 16 6/22/2011 9 Lansing SBH 663.5 0 0 45% ---- ----

10 Prairie Du Chien SBH 636.0 0 0 0% ---- ---- 10 Prairie Du Chien CH 635.2 0 0 0% ---- ---- 0 Baudette 0.0 0 0 0% ---- ---- 0 Pine Creek/Angle Inlet 0.0 0 0 0% ---- ---- 0 Warroad Harbor 0.0 3,734 0 0% 0 1/1/2007 0 Zipple Bay 0.0 111 2,725 8% 12 9/4/1991

*** Lock & Dam Dredging *** L LD LSAF Lock Chamber 853.5 16 397 4% 25 7/16/2014 1 L/D 1 Lock Chamber 847.6 1 40 2% 49 1/1/1992 1 L/D 1 Aux. Lock 847.5 4 200 2% 49 3/28/2002 2 L/D 2 Behind Up Guidewall 815.3 18 900 2% 49 9/14/1998 2 L/D 2 Aux. Lock 815.2 18 900 2% 49 9/10/1998 3 L/D 3 Aux. Gates 797.0 98 4,800 2% 49 1986 4 L/D 4 Chamber 752.8 2 75 2% 49 8/20/2008 5 L/D 4 Aux. Lock 752.8 880 4,789 18% 5 10/27/2015 5 L/D 5 Chamber 738.1 7 320 2% 49 10/15/2001 5 L/D 5 Aux. Lock 738.1 40 1,957 2% 49 1985

5A L/D 5A Gate Bay 728.7 3 150 2% 49 1986 5A L/D 5A Chamber 728.5 19 310 6% 16 10/19/2001 5A L/D 5A Aux. Lock 728.5 76 3,700 2% 49 1981 6 L/D 6 Chamber 714.3 6 280 2% 49 10/29/2001 7 Lower Guidewall L/D 6 714.3 152 3,713 4% 25 1982 7 L/D 6 Aux. Lock 714.1 23 573 4% 25 8/27/2012 7 L/D 7 Chamber 702.5 22 535 4% 25 8/11/2008 8 L/D 7 Dock Access 702.3 40 1,980 2% 49 5/27/1998 8 L/D 8 Chamber 679.2 9 420 2% 49 10/2/2001 9 L/D 8 Lower Guidewall 679.0 54 2,645 2% 49 7/28/1992 9 Upper Aux. L/D 9 647.9 31 1,500 2% 49 1984 9 L/D 9 Chamber 647.9 9 420 2% 49 9/27/2001

*** Miscellaneous Dredging *** MN Access/ East Cargill 14.1 40 962 4% 24 8/15/2018 2 Access/Pine Bend Site 823.8 448 2,689 17% 6 8/24/2016 2 Access/Upper Boulanger 821.5 5 254 2% 48 6/20/2018 2 Access/Lower Boulanger 821.1 125 1,500 8% 12 7/16/2018 3 Access/Corps Island 799.2 44 533 8% 12 10/16/2018 4 Old Miss. Channel 796.0-796.9 150 7,219 2% 48 1974

31 January 2019 Page 4 (CMMP TAB 4 - 1)

Pool Cut Name Location Per Year Per Job % Once every # Yrs Dredged

Frequency of DredgingHistoric Dredge Cuts 1970 Through 2018

SUMMARY OF DREDGING LOCATIONS - ST PAUL DISTRICT

4 Access/Reads Landing Site 762.7 668 16,024 4% 24 10/18/2016 4 Indian Slough 760.0 167 8,000 2% 48 9/19/1992 4 Access/ Alma Mar. Plac. site 753.7 122 1,466 8% 12 8/10/2016 5 Island 40 Wing Dams 752.5 79 3,800 2% 48 1980 5 West Newton Chute Access 749.8 39 1,884 2% 48 9/10/2008 5 Mule Bend Side Channel 748.4 391 9,389 4% 24 1982 5 Rec. Access (Belvidere) 747.3-748.0 29 1,396 2% 48 6/8/2005 5 Murphy's Cut 747.4 42 2,000 2% 48 5/2/1991 5 Rec. Access (Half Moon) 747.3-747.4 8 395 2% 48 6/12/2005 5 Rec. Access (Buffalo City) 745.4-745.8 40 1,908 2% 48 6/1/2005 5 Access/ Lost Island Site 744.7 68 1,086 6% 16 9/29/2014

5A Access/ Wilds Bend Site 730.5 2 100 2% 48 11/15/2012 6 Blackbird Slough Sd.Ch. 727.8 92 4,400 2% 48 1980 6 Access / Winona Harbor 726 6 277 2% 48 4/27/2015 6 Access/ East End Boat Harbo723.5 12 573 2% 48 9/29/2014 7 Access/Trempealeau Site 714.1 20 953 2% 48 8/7/2018 7 Access/ Dakota Is Plac. Site 706.5 4 103 4% 24 5/31/2011 8 Access/Brownsville Site 688.7 9 420 2% 48 4/2/2012 9 Ferry Slough Sd. Ch. 672.1 21 1,000 2% 48 1980 9 Blackhawk Park Access 671 160 7,694 2% 48 10/21/2006 9 Access/Lansing Hwy Br Site 663.5 1 53 2% 48 10/24/2017

10 Wyalusing Slough Sd.Ch. 627.9 726 34,824 2% 48 1978 10 Access/ McMillan Island 618.7 23 373 6% 16 10/16/2013

ST. PAUL DISTRICT - CORPS OF ENGINEERS

PLACEMENT SITE INVENTORY

POOL

SITE ID SITE NAME COUNTY MUNICIPALITY LANDOWNER

MN RIVER

MN-14.1-RMP Cargill East Scott Savage LMRWD

ST CROIX RIVER

SC-6.7-LWP Kinnickinnic Bar Upper Pierce Prescott WDNR SC-6.5-LWP Kinnickinnic Bar Lower Pierce Prescott WDNR

USAF - LD1

U-856.6-RMP USAF Site Hennepin Minneapolis City of Minneapolis 1-853.2-LMP Pool 1 Site Hennepin Minneapolis MnDOT 1-851.3-LME Below Franklin Ave Hennepin Minneapolis Mpls Park & Rec Board 1-849.5-RME Below Lake St Hennepin Minneapolis Mpls Park & Rec Board

POOL 2

2-840.4-RMP Highbridge Ramsey St. Paul City of St. Paul 2-836.3-RMP Southport Ramsey St. Paul St. Paul Port Authority 2-823.8-LMT Pine Bend Washington Cottage Grove Federal Government (COE) 2-822.5-LMP Shiely Pit Washington Cottage Grove Private 2-821.5-LMP Upper Boulanger Washington Cottage Grove Private 2-821.1-LMP Lower Boulanger Washington Cottage Grove Private

POOL 3

3-815.1-RMP Hastings Dakota Hastings Federal Government (COE) 3-814.7-RMP Koch Dakota Hastings Private 3-813.2-RMP Hastings Harbor Dakota Hastings MnDNR 3-808.4-LWP Dry Run Slough Pierce Prescott Private 3-802.3-RME Morgans Goodhue Diamond Bluff Federal Government (COE) 3-801.7-LWE Coulters Pierce Diamond Bluff Private 3-799.2-RMT Corps Island Goodhue Prairie Island Federal Government

POOL 4

4-795.0-LWP Monarch/Mathy Pit Pierce Trenton Private 4-794.7-RMP Red Wing Yacht Club Goodhue Red Wing Private 4-791.6-RMP Red Wing Commercial Harbor Goodhue Red Wing City of Red Wing 4-762.7-LWT Reads Landing Buffalo Reads Landing Federal Government (FWS) 4-761.1-RMP Carrels Pit Wabasha Wabasha Private 4-761.0-RMP Wabasha Gravel Pit Wabasha Wabasha Federal Government (COE) 4-759.3-LWT Crats Island Buffalo Wabasha Federal Government (COE) 4-757.5-LW Teepeeota Point Buffalo Alma Federal Government (FWS) 4-756.5-LWT Grand Encampment Buffalo Alma Federal Government (FWS) 4-754.0-LWP Alma Marina Buffalo Alma Federal Government (COE)

POOL 5

5-749.8-RMP West Newton Chute Wabasha Kellogg Federal Government (COE) 5-748.0-RMT Above West Newton Wabasha West Newton Federal Government (COE) 5-745.8-RMT Above Fisher Island Wabasha West Newton Federal Government (COE) 5-744.7-LWT Lost Island Buffalo Buffalo City Federal Government (COE)

POOL 5A

5A-738.2-RMP L/D 5 Site Winona Whitman Federal Government (COE) 5A-733.5-LWP Fountain City Service Base Buffalo Fountain City Federal Government (COE) 5A-731.9-LWP Fountain City 1 Buffalo Fountain City Federal Government (COE) 5A-730.5-LWT Wilds Bend Buffalo Fountain City Federal Government (FWS)

PLACEMENT SITE INVENTORY

POOL

SITE ID

SITE NAME

COUNTY

MUNICIPALITY

LANDOWNER

POOL 6

6-726.3-RMP Winona Commercial Harbor Winona Winona Winona Port Authority 6-726.0-LMP Winona Harbor Winona Winona City of Winona 6-723.3-RMP RTP Winona Winona Private 6-722.9-RMP Winona Technology Park Winona Winona Winona Port Authority 6-720.5-RMP Homer Winona Homer Private

POOL 7

7-714.1-LWP Trempealeau Trempealeau Trempealeau Federal Government (COE) 7-713.1-RMP Hot Fish Shop Winona Donehoven Private 7-708.7-LWE Winters Landing La Crosse Onalaska Federal Government (FWS) 7-706.5-RMT Dakota Island Winona Dakota Federal Government (FWS)

POOL 8

8-696.1-LWP Isle La Plume La Crosse La Crosse City of La Crosse 8-690.4-LWT Above Brownsville Vernon Brownsville Federal Government (COE) 8-688.7-RMP Brownsville Houston Brownsville Federal Government (COE)

POOL 9

9-670.5-LWP Blackhawk Park Vernon Victory Federal Government (COE) 9-665.8-RIE Indian Camp Light Allamakee Lansing Federal Government (COE) 9-664.3-RIT Lansing Allamakee Lansing Federal Government (FWS) 9-663.5-LWP Lansing Hwy Bridge Crawford Lansing Federal Government (FWS)

POOL 10

10-647.1-LWP Varo Crawford Lynxville Private & WDNR 10-644.5-RIE Jackson Island Allamakee Harpers Ferry Federal Government (FWS) 10-642.4-LWP Mississippi Gardens Crawford Prairie du Chien Private 10-636.3-LWP Prairie Sand & Gravel Crawford Prairie du Chien Private 10-628.0-LWP Wyalusing Pit Grant Wyalusing State of WI & BNRR 10-627.8-LWP Wyalusing Beach Grant Wyalusing Grant County 10-618.7-RIT McMillan Island Clayton Guttenberg Federal Government (COE) 10-618.0-RIP Buck Creek Clayton Guttenberg Federal Government (COE) transfer sites Shading denotes site is a temporary island transfer site

Updated February 2019

Sites with Special Considerations

POOL

SITE ID SITE NAME COUNTY MUNICIPALITY LANDOWNER

MN RIVER

MN-14.1-RMP Cargill East Scott Savage LMRWD

USAF - LD1

1-853.2-LMP Pool 1 Site Hennepin Minneapolis MnDOT

POOL 2

2-822.5-LMP Shiely Pit Washington Cottage Grove Private

POOL 3

3-815.1-RMP Hastings Dakota Hastings Federal Government (COE)

POOL 4

4-795.0-LWP Monarch/Mathy Pit Pierce Trenton Private 4-791.6-RMP Red Wing Commercial Harbor Goodhue Red Wing City of Red Wing 4-761.0-RMP Wabasha Gravel Pit Wabasha Wabasha Federal Government (COE)

POOL 5

5-749.8-RMP West Newton Chute Wabasha Kellogg Federal Government (COE)

POOL 6

6-722.9-RMP Winona Technology Park Winona Winona Winona Port Authority

POOL 7

7-714.1-LWP Trempealeau Trempealeau Trempealeau Federal Government (COE)

POOL 9

9-670.5-LWP Blackhawk Park Vernon Victory Federal Government (COE)

POOL 10

10-642.4-LWP Mississippi Gardens Crawford Prairie du Chien Private 10-618.0-RIP Buck Creek Clayton Guttenberg Federal Government (COE)

Updated February 2019

General Permit Number

1994-5082

Amended

MNDNR PERMITTING AND REPORTING SYSTEM

Public Waters Work General Permit Expiration Date: 12/31/2022

Pursuant to Minnesota Statutes, Chapter 103G, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform actions as authorized below. This permit supersedes the original permit and all previous amendments.

Resource:Watershed:County:Project Name:

Federal Navigation Channels All applicable counties in the

23-county DNR

Central Region

All applicable watersheds intersecting the 23-county DNR

Central Region

Federal navigation channels on Mississippi, Minnesota and St. Croix Rivers

Authorized Action:Purpose of Permit:

Discharge of material dredged in conjunction with channel maintenance

Change the course, current, or cross-section of public waters in order to perform the discharge of material dredged in conjunction with the channel maintenance on the Mississippi

River from the head of navigation to the Iowa border and on navigable portions of the Minnesota and St. Croix Rivers into public waters.

Original Permit No. 1994-5082 and Appendices A through D.

are attached for reference.

N/AUnited States Army Corps of Engineers

US ARMY CORPS OF ENGINEERS

CONTACT: CALKINS, SAMUEL

180 5TH STREET EAST

SUITE 700

ST. PAUL, MN 55101-1638

(651) 290-5273

Permittees (2): Authorized Agent:

Property Description (land owned or leased or where work will be conducted):

The Mississippi River from the head of navigation to the Iowa border and on navigable portions of the Minnesota and St.

Croix Rivers into public waters

04/13/2018 04/13/2018 12/31/2022Issued Date: Effective Date: Expiration Date:

Water Regulations Unit

Supervisor

Tom Hovey 651-259-5654tom.hovey@state.mn.us

Authorized Issuer: Title: Email Address: Phone Number:

This permit is granted subject to the following CONDITIONS:

APPLICABLE FEDERAL, STATE, OR LOCAL REGULATIONS: The permittee is not released from any rules, regulations, requirements, or standards of any applicable federal, state, or local agencies; including, but not limited to, the U.S. Army

Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency, watershed districts, water management organizations, county, city and township zoning.

CONDITIONS continued on next page...(MPARS revision 20180129, Permit Issuance ID 62320, printed 04/13/2018)

GENERAL PERMIT CONDITIONS (Continued from previous page)

NOT ASSIGNABLE: This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources.

NO CHANGES: The permittee shall make no changes, without written permission or amendment previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder.

SITE ACCESS: The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder.

TERMINATION: This permit may be terminated by the Commissioner of Natural Resources at any time deemed necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the conditions or applicable laws, unless otherwise provided in the permit.

COMPLETION DATE: Construction work authorized under this permit shall be completed on or before the date specified above. The permittee may request an extension of the time to complete the project by submitting a written request, stating the reason thereof, to the Commissioner of Natural Resources.

WRITTEN CONSENT: In all cases where the permittee by performing the work authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests needed for the work.

PERMISSIVE ONLY / NO LIABILITY: This permit is permissive only. No liability shall be imposed by the State of

Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable conditions.

EXTENSION OF PUBLIC WATERS: Any extension of the surface of public waters from work authorized by this permit shall become public waters and left open and unobstructed for use by the public.

WETLAND CONSERVATION ACT: Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations, the permittee shall not initiate any work under this permit until the permittee has obtained official approval from the responsible local government unit as required by the Minnesota Wetland Conservation Act.

GP AUTHORIZATION - APPLY USING MPARS: The permittee shall apply for prior authorization for all projects to be constructed under this General Permit using the MNDNR Permitting and Reporting System (MPARS) at www.mndnr.gov/mpars/signin . Users will need to create an account the first time they access the system. Once created, click on the link for ‘Apply for a New Permit/Authorization’ under the Actions box and complete the application questions.

INVASIVE SPECIES - EQUIPMENT DECONTAMINATION: All equipment intended for use at a project site must be free of prohibited invasive species and aquatic plants prior to being transported into or within the state and placed into state waters. All equipment used in designated infested waters, shall be inspected by the Permittee or their authorized agent and adequately decontaminated prior to being transported from the worksite. The DNR is available to train inspectors and/or assist in these inspections. For more information refer to the "Best Practices for Preventing the Spread of Aquatic

Invasive Species" at http://files.dnr.state.mn.us/publications/ewr/invasives/ais/best_practices_for_prevention_ais.pdf.

Contact your regional Invasive Species Specialist for assistance at www.mndnr.gov/invasives/contacts.html. A list of designated infested waters is available at www.mndnr.gov/invasives/ais/infested.html. A list of prohibited invasive species is available at www.mndnr.gov/invasives/laws.html#prohibited.

APPROVED PLACEMENT SITES: Approved sites are listed in Appendix A. Any modification necessary to Appendix A will be coordinated through formal mutual agreements between the District's and the Division of Ecological and Water

Resources' designated River Resources Forum representatives and will not require the Commander's or Director's signatures to certify the change. a. The placement of dredge material at a site shall be subject to On-Site Inspection

Team (OSIT) review. Conformity with mutually acceptable past placement practices and procedures at the site, RRF endorsed plan modifications or changes and efforts to avoid, minimize and mitigate (compensate) specific adverse effects of placement on the environment at or near the placement site will be the basis for concurrence to proceed. b. In

CONDITIONS continued on next page...Page 2 - General Permit Number 1994-5082

GENERAL PERMIT CONDITIONS (Continued from previous page) instances when OSIT inspections and/or supporting data indicate that the placement will be conformable with acceptable past practices and will not likely result in adverse environmental effects at or near the placement site the Department will notify the District that no separate approvals will be required. A non-response from the Department’s OSIT representative will indicate concurrence with the placement. c. In instances when the OSIT members disagree with placement at a proposed site or other channel maintenance activity, the OSIT appeal process described in Appendix A, Section 2.2 of the

Channel Maintenance Management Plan (CMMP) shall be followed.

MINIMUM ENCROACHMENT: Work authorized by this permit must involve minimum encroachment, change, or damage to the environment, particularly the ecology of the waterway. The Channel Maintenance Management Plan (CMMP) endorsed by the River Resources Forum (RRF) will be the baseline for this determination. If a major change in the resource is justified, compensation for the detrimental aspects of the change must be provided as described in Appendix

B. "The Policy.Guidance for Section 404 Mitigation for Operation and Maintenance Activities", St. Paul District, U.S. Army

Corps of Engineers as endorsed by the River Resources Forum in January 2010.

ORDINARY HIGH WATER LEVELS (OHWLS): The elevations identified in Appendix C of the Permit for the purposes of this agreement shall be construed to represent a reasonable estimate of the Ordinary High Water Levels (OHWLs) as defined in Minnesota State Statutes.

MATERIAL PLACEMENT: This permit shall apply to the placement of materials in any permanent or temporary dredge material placement where the site is below Ordinary High Water Level (OHWL) elevation as defined in Appendix C of the permit or at any site which changes the course, current or cross-section of any state public waters and/or wetlands.

COORDINATION PROCEDURES AND PROCESS: All work shall comply with definitions and provisions set forth in

Appendix D - Coordination Procedures and Process.

IMMINENT CLOSURE OR EMERGENCY DREDGING: The Permittee shall notify the Commissioner of the Minnesota

Department of Natural Resources or his designated representative of any work proposed under "Imminent Closure" or

"Emergency Dredging" situations.

HYDRAULIC ANALYSIS: The District will perform a hydraulic analysis of the effects of dredge material placement in

FEMA designated 100-year floodplains for any new or expanded permanent or temporary sites (this may require a

HEC-RAS analysis) when requested by the DNR Area Hydrologist. The analysis will be completed and submitted to the

DNR for review prior to the placement of any dredge material, except imminent closure or emergency dredging situations

STANDARD OPERATING PROCEDURES: As part of the long-term Channel Maintenance Management Plan, the District will follow a Standard Operating Procedure for evaluating sediment quality and coordinating results with the other agencies. Dredge cuts that have historically contained clean, coarse sediments would only be tested if there were reasons to suspect changed sediment quality (i.e. recent upstream spills, new point discharges, etc.).

EROSION AND SEDIMENT CONTROL PLANS: The Corps of Engineers agrees to forward the contractors proposed

"Temporary Erosion and Sediment Control Plan" to the OSIT for review and comment prior to the commencement of significant physical activity when an erosion and sediment control plan is required as part of a Corps contract to move dredge material.

Jeanne Daniels, EWR District Manager

Clark, Steve, Contact; US Army Corps of Engineers

Paul Machajewski, USACE

Brad Parsons, DNR Fisheries

Steven Tapp, USACE

Dan Lais, DNR EWR R3 Manager

Keith Parker, DNR R3 Director

Cynthia Osmundson, DNR Wildlife cc:

Page 3 - General Permit Number 1994-5082

P.A. No. 1994-5082

State of Minnesota Department of Natural Resources DNR Waters 500 Lafayette Road St. Paul, Minnesota 55155-4001

In the matter of application of the U.S. Army Corps of Engineers for a general permit to discharge material dredged in the maintenance of the federally authorized Mississippi River Channel and Harbor Projects from the head of navigation to the Iowa border and on navigable portions of the Minnesota and St. Croix Rivers.

Pursuant to Minnesota Statutes, Section 103G.245, and on the basis of statements and information contained in all plans, maps, letters and other supporting documents submitted thereunder, permission is hereby granted to:

District Engineer United States Army Corps of Engineers St. Paul District 180 Fifth Street East St. Paul, MN 55101-1678 hereafter known as the "Permittee", to change the course, current, or cross-section of public waters in order to perform the discharge of material dredged in conjunction with the channel maintenance on the Mississippi River from the head of navigation to the Iowa border and on navigable portions of the Minnesota and St. Croix Rivers into public waters.

Nothing in this permit constitutes a waiver of sovereign immunity by the United States of America except to the extent that such sovereign immunity has been waived by virtue of the Clean Water Act or other Act of Congress. Nothing in this permit shall grant to the State any jurisdiction over the Corps of Engineers' dredging disposal operations except for those authorized by Minnesota Statutes.

This general permit is granted subject to the following Conditions:

Conditions

1. NOT ASSIGNABLE: This permit is not assignable except with the written consent of the Commissioner of the Minnesota Department of Natural Resources.

2. SITE ACCESS: The Permittee shall grant access to all sites at reasonable times during and after construction to authorized representatives of the Commissioner of the Minnesota Department of Natural Resources for inspection of the work authorized hereunder.

3. TERMINATION: This permit may be terminated by the Commissioner of the

Minnesota Department of Natural Resources, without notice, at any time the Commissioner deems it necessary for the conservation of the water resources of the State, or in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Conditions.

4. WRITTEN CONSENT: In all cases where the doing by the Permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights and interests necessary therefore.

5. COMPLETION DATE: This permit shall become effective on the date of issuance by the Commissioner of the Minnesota Department of Natural Resources and shall expire at midnight, December 31, 2022. The Permittee is not authorized to operate pursuant to this permit, after the above date of expiration, unless this permit is renewed by the Commissioner.

6. PERMISSIVE ONLY / NO LIABILITY: This permit is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of its officers, agents, or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the Permittee or any of its agents, employees, or contractors relating to any matter hereunder. This permit shall not be construed as stopping or limiting any legal claims or rights of action of any person other than the State against the Permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as stopping or limiting any legal claim or right of action of the State against the Permittee, its agents, employees, or contractors for violation of, or failure to comply with, the provisions of the permit or applicable provisions of the law.

7. EXTENSION OF PUBLIC WATERS: Any extensions of the surface of said waters resulting from work authorized by this permit shall become public waters and left open and unobstructed for use by the public unless the area is an approved dredge material placement site.

8. APPLICABLE FEDERAL, STATE, OR LOCAL REGULATIONS: This permit does not release the Permittee from any liability or obligation imposed by Federal law, Minnesota Statutes, or local ordinances relating thereto, or by any rule, regulation, requirement, or standard of the Minnesota Pollution Control Agency, and shall remain in force subject to all conditions and limitations now or hereafter imposed by law.

9. APPROVED PLACEMENT SITES: Approved sites are listed in Appendix A. Any modification necessary to Appendix A will be coordinated through formal mutual agreements between the District’s and the Department’s designated River Resources Forum representatives and will not require the Commander’s or Director’s signatures to certify the change.

a. The placement of dredge material at a site shall be subject to On-Site

Inspection Team (OSIT) review. Conformity with mutually acceptable past placement practices and procedures at the site, RRF endorsed plan modifications or changes and efforts to avoid, minimize and mitigate (compensate) specific adverse effects of placement on the environment at or near the placement site will be the basis for concurrence to proceed.

b. In instances when OSIT inspections and/or supporting data indicate that the placement will be conformable with acceptable past practices and will not likely result in adverse environmental effects at or near the placement site the Department will notify the District that no separate approvals will be required.

A non-response from the Department’s OSIT representative will indicate concurrence with the placement.

c. In instances when the OSIT members disagree with placement at a proposed site or other channel maintenance activity, the OSIT appeal process described in Appendix A, Section 2.2 of the Channel Maintenance Management Plan (CMMP) shall be followed.

10. MINIMUM ENCROACHMENT: Work authorized by this permit must involve minimum encroachment, change, or damage to the environment, particularly the ecology of the waterway. The Channel Maintenance Management Plan (CMMP) endorsed by the River Resources Forum (RRF) will be the baseline for this determination. If a major change in the resource is justified, compensation for the detrimental aspects of the change must be provided as described in Appendix B.

"The Policy Guidance for Section 404 Mitigation for Operation and Maintenance Activities", St. Paul District, U.S. Army Corps of Engineers as endorsed by the River Resources Forum in January 2010.

11.