Town: East Machias WIN #: 20501.00

Date: 1/29/16 1 of 5

SPECIAL PROVISION

SECTION 105 General Scope of Work

(Environmental Requirements) In-Water work consists of any activity conducted below the normal high water mark of a river, steam, brook, lake, pond or “Coastal Wetland” areas that are subject to tidal action during the highest tide level for the year which an activity is proposed as identified in the tide tables published by the National Ocean Service. http://www.oceanservice.noaa.gov/ For the full definition of “Coastal Wetlands”, please refer to 38 MRSA 480-B(2).

I. In-water work applies to the East Machias River at the proposed bridge replacement and is allowed as

follows: 1. Driving sheet piles with an impact hammer is prohibited at all times 2. The following activities are prohibited between October 1-November 31 and April 23-July 15:

a. Driving and removing sheet piles with a vibratory hammer b. Driving pipe piles with an impact hammer c. Driving pipe piles with a vibratory hammer

3. Pile removal is prohibited between April 23-July 15 4. Installation and removal of sandbag cofferdams is permitted anytime. 5. Piles driven to support the temporary detour shall be less than or equal to 30-inch diameter 6. Noise levels from pile driving may not exceed sound level limits of 187 dB accumulated sound

exposure level (cSEL) and 206 dB peak. Hydroacoustic Monitoring and Attenuation is required for all pile driving with an impact hammer. See Sections IV and V and Special Provision 501.

7. The Contractor shall place cofferdams no more than 20 feet from the front of the existing abutments to ensure that a corridor in the East Machias River is maintained for migratory fish passage at all times during construction.

III. Additional Special Conditions:

1. Special Conditions of Formal Endangered Species Act (Section 7) and Essential Fish Habitat Consultation (EFH) with U.S. Fish and Wildlife Service (summarized in this Special Provision 105). The permittee and contractor shall comply with all terms and conditions of the ACOE permit and with the construction plans in bid documents. Modifications to the plans may require re-initiation of Endangered Species Consultation between the FHWA, Corps, and US Fish & Wildlife Service and therefore, should not be implemented without first contacting MaineDOT Environmental Office and the FHWA and the Corps.

2. Existing bridge abutments shall be removed to an elevation of 29 feet (3.5 feet below the Q1.1.1 flow excavation.

3. The Contractor shall contact Eric Ham of MaineDOT Environmental Office (207-215-7356) at least two weeks prior to installation of cofferdams to coordinate fish evacuation.

4. The Contractor shall hold a pre-construction meeting with appropriate MaineDOT Environmental Office staff, other MaineDOT staff, and the Contractor(s) to review all procedures and requirements for avoiding and minimizing effects to Atlantic salmon and to emphasize the importance of these measures for protecting salmon and their habitat. ACOE (Jay Clement, Jay.l.clement@usace.army.mil), FHWA (Cassandra Chase, Cassandra.Chase@dot.gov ) and U.S.

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Fish and Wildlife Service staff (Thomas Davidowicz, thomas_davidowicz@fws.gov ) shall be invited to attend these meetings.

5. The Contractor shall perform all in-water pier and in-water abutment construction and removal and riprap installation inside a cofferdam. Cofferdams shall be used during construction to isolate the construction area and to prevent turbidity from reaching the stream channel outside the enclosed construction area.

6. The Contractor shall minimize the potential for effects to Atlantic salmon and their habitat by conducting all construction activities for each project in accordance with the MEDOT-approved Soil Erosion and Water Pollution Control Plan. In stream turbidity shall be visually monitored and all erosion controls will be inspected daily to ensure that the measures taken are adequate. If inspection shows that the erosion controls are ineffective, immediate action shall be taken to repair, replace, or reinforce controls as necessary.

7. All areas of temporary waterways or wetland fill shall be restored to their original contour and character upon completion of the project.

8. Maine DOT shall minimize vegetation clearing adjacent to the river to the maximum extent practicable. Cutting of trees and shrubs, where necessary, shall occur at ground level, leaving the root stock in place, to facilitate soil stabilization, reduce post construction erosion, and promote regrowth. Areas of disturbed soil adjacent to the waterways will be stabilized and re-vegetated with a seed mix appropriate for riparian areas in Maine.

9. For any required pumping operations, the contractor shall use a screen on each pump intake sufficiently large enough so that the approach velocity does not exceed 6.10 m sec-1 (0.20 ft sec-1). Square or round screen face openings are not to exceed 2.38 mm (3/32 in) on a diagonal. Criteria for slotted face openings must not exceed 1.75 mm (approximately 1/16 in) in the narrow direction. These screen criteria follow NMFS (2008). Intake hoses shall be regularly monitored while pumping to minimize adverse effects to Atlantic salmon.

10. Cofferdams shall be removed from the stream immediately following completion of construction, allowing for minor delays due to high stream flows following heavy precipitation, so that fish and other aquatic organism passage is not unnecessarily restricted.

11. To minimize the spread of noxious weeds into the riparian zone, all off-road equipment and vehicles (operating off of existing open and maintained roads) shall be cleaned prior to entering the construction site to remove all soil, seeds, vegetation, or other debris that could contain seeds or reproductive portions of plants. All equipment shall be inspected prior to off-loading to ensure that they are clean.

Town: East Machias WIN #: 20501.00

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12. As a component of the SEWPCP required for each project, MaineDOT or their contractor will

develop and implement a Spill Prevention Control and Countermeasure Plan (SPCCP) designed to avoid any stream impacts from hazardous chemicals, such as diesel fuel, oil, lubricants, and other hazardous materials. All refueling or equipment maintenance will take place away from the stream and in a careful manner that prohibits chemical or other hazardous materials from entering the stream. These measures include the following: a. All vehicle and equipment refueling activities shall occur more than 100 feet from any water

course. b. All vehicles carrying fuel shall have specific equipment and materials needed to contain or clean

up any incidental spills at the Project site. Equipment and materials would include spill kits appropriately sized for specific quantities of fuel, shovels, absorbent pads, straw bales, containment structures and liners, and/or booms.

c. During use, all pumps and generators shall have appropriate spill containment structures and/or absorbent pads in place.

d. All equipment used for in-stream work shall be cleaned of external oil, grease, dirt, and mud. e. Any leaks or accumulations of these materials would be corrected before entering areas that drain

directly to streams or wetlands. 13. In-water blasting is prohibited within project limits. 14. Any Atlantic salmon mortalities will be reported to the Service (Tom Davidowicz at 866-3344, Ext.

152; FAX 866-3351; or thomas_davidowicz@fws.gov) within 48 hours of occurrence. Salmon mortalities shall be immediately preserved (refrigerate or freeze) for delivery to the Service office in Orono, Maine. If the Service is not available, contact the NOAA Fisheries Service in Orono, Maine (Dan Tierney; 866-3755) to arrange for delivery.

IV. Noise Attenuation

1. Noise Attenuation is required for all in-water pile driving with an impact hammer. 2. Noise attenuation may include passive measures such as changing hammer type, reducing driving

duration, reducing force settings on the hammer; or through active measures such as cushions, or bubble curtains. The Contractor shall employ all reasonable and prudent measures including but not limited to those listed above to ensure that sound level limits are not exceeded.

3. Links to information on noise attenuation are provided below:

http://www.dot.ca.gov/hq/env/bio/files/Guidance_Manual_2_09.pdf http://www.trb.org/Publications/Blurbs/166159.aspx http://www.trb.org/main/blurbs/162054.aspx

4. Payment for Noise Attenuation. The contractor shall be responsible for implementing noise attenuation measures for all pile driving with an impact hammer. Payment for noise attenuation measures will be made by contract modification according to Standard Specification Section 109, Changes; except idle equipment time will not be charged for the first five Working Days to construct, implement, and test noise attenuation devices. If idle equipment time exceeds more than five (5) Working Days, the Department will pay the Contractor in accordance to Standard Specification 109.7.5c and supplements thereto.

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V. Hydroacoustic Monitoring

1. Hydroacoustic Monitoring is required for all pile driving in the water with an impact hammer. 2. Noise levels from pile driving may not exceed sound level limits of 187 dB accumulated sound

exposure level (SEL) and 206 dB peak. 3. The Contractor shall retain the services of a qualified person or firm to prepare and implement a

hydroacoustic monitoring plan to demonstrate that the sound level limits are not exceeded. The monitoring plan shall describe monitoring locations, equipment and protocols, and personnel. The Contractor shall provide MaineDOT and USFWS a draft hydroacoustic monitoring plan at least 45 days prior to implementation for review. No in-stream noise-generating activities may commence until UFWS has approved the monitoring protocol.

4. Hydrophones shall be placed at 33, 66 and 100 feet upstream and downstream of the noise producing activity. The Contractor shall continually monitor noise levels. The hydroacoustic monitor shall be in constant real-time communication with the pile-driving team. If noise levels reach 182 dB cSEL and/or 201 dB SPL peak, the activity shall cease until additional noise attenuation measures are implemented to assure that threshold levels are not reached.

5. Equipment Requirements: a. Hydrophones with a frequency range up to 500 Hz and a sampling rate of at least 20 kHz

and a digital recorder. b. If the water velocity is greater than 1.5m/s (4.92 ft/s), an open cell foam cover or

equivalent equipment must be used on the hydrophone to limit background noise. 6. Monitoring Condition Requirements:

a. The shall be a direct line of site between the pile being driven and the hydrophone such that there are no obstructions that would affect measurements

b. If water depths at the hydrophone location are less than 2 feet, monitoring is not required. c. Hydrophones shall be placed at half the depth of the water at the monitoring location

7. The Contractor shall provide monitoring data to the Department. A preliminary data report shall be submitted within 3 days of pile driving activity. A final summary report of all of the data must be submitted within 6 months of pile driving completion.

8. Payment for Noise Monitoring shall be as described in Special Provision 501 Foundation Piles (Acoustic Monitor) under Pay Item 501.235.

VI. Approved Natural Resource Impacts (see ACOE permit for impact locations) :

1. River Impacts (in square feet): Temporary RUS (cofferdams and temporary detour): 1,650 Permanent RUS Impacts: 500 2. Wetland impacts (in square feet): Temporary PSS (temporary detour): 4,600 Permanent PSS: 3,900

VII. Approvals:

1. Temporary Soil Erosion and Water Pollution Control Plan 2. Hydroacoustic Monitoring Plan

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NOTE: Regulatory Review and Approval is required to modify the existing In-Water work restrictions. Requests for work window extensions must be submitted to the MaineDOT Environmental Office. Approvals of requests for work window extensions are not guaranteed and may result in delays in construction schedule that are the sole responsibility of the contractor.

General Decision Number: ME160048 01/08/2016 ME48 Superseded General Decision Number: ME20150048 State: Maine Construction Type: Highway County: Washington County in Maine. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 * ENGI0004-015 04/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR: Mechanic, Paver.............$ 20.75 10.84 ---------------------------------------------------------------- TEAM0340-001 08/01/2013 Rates Fringes TRUCK DRIVER Low Boy.....................$ 14.75 17.5825 ---------------------------------------------------------------- SUME2011-043 09/14/2011 Rates Fringes CARPENTER, Includes Form Work....$ 18.34 2.84

INSTALLER - GUARDRAIL............$ 11.53 1.55 IRONWORKER, REINFORCING..........$ 18.71 0.00 LABORER: Asphalt Raker..........$ 13.91 2.94 LABORER: Flagger................$ 9.00 0.00 LABORER: Landscape..............$ 14.44 0.16 LABORER: Pipelayer..............$ 13.21 1.58 LABORER: Wheelman...............$ 13.81 1.47 LABORER: Common or General, Including Highway/Parking Lot Striping.........................$ 12.02 2.54 OPERATOR: Asphalt Roller........$ 16.98 5.62 OPERATOR: Backhoe...............$ 16.18 4.98 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 16.73 5.57 OPERATOR: Bulldozer.............$ 14.05 3.10 OPERATOR: Cold Planer...........$ 17.63 0.00 OPERATOR: Crane.................$ 21.21 6.19 OPERATOR: Excavator.............$ 14.17 0.00 OPERATOR: Grader/Blade..........$ 18.43 5.72 OPERATOR: Loader................$ 14.89 2.85 OPERATOR: Milling Machine Reclaimer Combo..................$ 16.81 0.80 OPERATOR: Screed................$ 15.34 3.67 OPERATOR: Roller (Earth).........$ 11.55 1.72 TRUCK DRIVER, Includes All Dump Trucks......................$ 11.13 3.96 TRUCK DRIVER: Semi-Trailer Truck............................$ 16.36 9.09 TRUCK DRIVER: 1, 2, 3 Axle Truck............................$ 12.79 9.83 ----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ 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. 0198 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, 007 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 Regional Office for the area in which the survey was conducted because those Regional Offices have 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 DECISION �

1/26/16

MaineDOT WIN 20501.00

1/26/16 MaineDOT WIN 20501.00

Environmental Summary Sheet

WIN: 20501.00 Date Submitted: 1/29/16 Town: East Machias CPD Team Leader: Kristen Chamberlain ENV Field Contact: Ryan Annis NEPA Complete: 10/27/15-Individual Categorical Exclusion

Section 106 SHPO Concurrence-No Effect Section 106 Resources: None

Section 4(f) and 6(f) Section 4(f)

Review Complete-no properties Section 6(f) Not Applicable

Maine Department of Inland Fisheries and Wildlife Essential Habitat Not Applicable Timing Window: Not Applicable

Section 7 Species of Concern: Atlantic Salmon DPS & Critical Habitat-Likely to Adversely Affect

Comments/References: Formal Consultation. Special Conditions apply. See SP 105. Species of Concern: Northern Long-Eared Bat –No Effect Comments/References: USFWS determined no suitable summer habitat will be removed as a result of the project.

___________________________________________________________________________________________________ Essential Fish Habitat

Minimal Adverse Effect- Special Conditions Apply. See SP 105.

Maine Department of Conservation/Public Lands, Submerged Land Lease Not Applicable

Maine Land Use Regulation Commission Not Applicable

Maine Department of Environmental Protection Exempt from Permitting

Army Corps of Engineers, Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Individual ACOE Permit -Work Start Notification Form and Compliance Certification form must be completed by the Resident and/or ENV Field Contact and submitted to ACOE with copy to David Gardner and Kristen Chamberlain -See Special Provision 105 and permit for additional conditions *Applicable Standards and Permits are included in contract documents.

Stormwater Review N/A

Special Provisions Required Special Provision 105-Timing of Work Restriction N/A Applicable Special Provision 656-Minor Soil Disturbance N/A Applicable Standard Specification 656-Erosion Control Plan N/A Applicable Special Provision 203-Dredge Spec N/A Applicable General Note for Hazardous Waste N/A Applicable

Special Provision 203-Hazardous Waste N/A Applicable Special Provision 105.9 N/A Applicable *All permits and approvals based on plans/scope as of:11/18/15