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- South Dakota Department of Transportation - Bid Letting Information SDEBS Lettings Regional Lettings Bidding Information NEW Electronic Bidding Contractor Information Bid Letting Staff Error Message An error has occurred on the page you requested. Please contact the bid letting office at 605-773-3275 to report this error. Bid Letting Home Bid Letting Log In
- Pdf Text
- Planning & Engineering
Office of Project Development
700 East Broadway Avenue
Pierre, South Dakota 57501-2586
O: 605.773.3275
dot.sd.gov
_____________________________________________________________________________________
September 11, 2026
To Whom it May Concern,
Beginning with the 10/7/2026 letting, the SDDOT will be using the new Electronic Standard
Specifications for Roads and Bridges, 10-7-26 Version. The Standard Specifications for Roads
and Bridges is available for download and viewing at https://dot.sd.gov/doing-
business/contractors/standard-specifications . A printed version of the Standard Specifications
for Roads and Bridges will not be provided.
A revised Buy America specification is in effect beginning with the 10/7/26 letting, which aligns
with the expiration of the Federal Manufactured Products General Waiver. Contractors should
be aware that new provisions for manufactured products, along with updates to material
classifications, documentation requirements, and compliance procedures, are included in
Section 6.9 of the Standard Specifications (10/07/2026 version). All contractors and suppliers
are strongly encouraged to review the updated specification in full. Contractors are encouraged
to attend the Buy America Informational Webinar being put on by the SDDOT and AGC.
Information on the webinar can be found at:
https://dot.sd.gov/doing-business/contractors/webinars/
FHWA has updated the FHWA-1273 commonly known as the “Pink Sheets”. The new FHWA-
1273 will be incorporated into all contracts awarded after 10/7/26. Additional information
regarding the updated FHWA-1273 can be found at:
https://www.fhwa.dot.gov/construction/cqit/form1273.cfm
Sincerely,
SDDOT – Bid Letting Office
5
DEPARTMENT OF TRANSPORTATION
NOTICE TO CONTRACTORS,
PROPOSAL, SPECIAL PROVISIONS,
CONTRACT AND CONTRACT BOND
FOR
COLD MILLING, ASPHALT CONCRETE RESURFACING, PIPE WORK,
INSLOPE FLATTENING, LIGHTING
FEDERAL PROJECT NO. P-CR 090L(09)260, IM-CR
0906(76)263
(PCN 07YC, 08L4)
INTERSTATE HIGHWAY 90
IN BRULE, LYMAN COUNTIESOctober 21, 2026
DEPARTMENT OF
TRANSPORTATION
NOTICE TO ALL BIDDERS
TO REPORT BID RIGGING ACTIVITIES, CALL: 1-800-424-9071
THE U.S. DEPARTMENT OF TRANSPORTATION (DOT) OPERATES THE ABOVE TOLL-
FREE “HOTLINE” MONDAY THROUGH FRIDAY, 8:00 A.M. TO 5:00 P.M., EASTERN TIME.
ANYONE WITH KNOWLEDGE OF POSSIBLE BID RIGGING, BIDDER COLLUSION, OR
OTHER FRAUDULENT ACTIVITIES SHOULD USE THE “HOTLINE” TO REPORT SUCH
ACTIVITIES.
THE “HOTLINE” IS PART OF THE DOT’S CONTINUING EFFORT TO IDENTIFY AND
INVESTIGATE HIGHWAY CONSTRUCTION CONTRACT FRAUD AND ABUSE AND IS
OPERATED UNDER THE DIRECTION OF THE DOT INSPECTOR GENERAL.
ALL INFORMATION WILL BE TREATED CONFIDENTIALLY, AND CALLER ANONYMITY
WILL BE RESPECTED.
* * * *
PLANS, PROPOSALS AND ADDENDA
AFTER AWARD OF CONTRACT, THE LOW BIDDER WILL RECEIVE TEN (10)
COMPLIMENTARY SETS OF PLANS, PROPOSALS, PROJECT Q & A FORUM, AND
ADDENDA FOR FIELD AND OFFICE USE. AN ELECTRONIC COPY WILL ALSO BE
PROVIDED. ANY ADDITIONAL COPIES REQUIRED WILL BE THE RESPONSIBILITY OF THE
CONTRACTOR.
* * * *
Project Number: P-CR 090L(09)260, IM-CR 0906(76)263
Revised 10/8/25
PCN 07YC, 08L4
NOTICE TO CONTRACTORS
Bid proposals for this project will be prepared, transmitted, and received electronically by the
South Dakota Department of Transportation (SDDOT) via the South Dakota Electronic Bid
System until 10 A.M. Central time, on October 21, 2026, at which time the SDDOT will open
bids. All bids will be checked for qualifications with results posted on the SDDOT website. The
South Dakota Transportation Commission will consider all bids at a scheduled Commission
meeting.
The work for which proposals are hereby requested is to be completed within the following
requirement(s):
FIELD WORK COMPLETION: OCTOBER 22, 2027
The project category is Category II
The project type is Surfacing
The geographic zone is Zone 5
THE DBE GOAL FOR THIS PROJECT IS: N/A
WORK TYPE FOR THIS PROJECT IS: WORK TYPE 5
Bidding package for the work may be obtained at:
http://apps.sd.gov/hc65bidletting/ebslettings1.aspx#no-back-button
The South Dakota Standard Specifications for Roads and Bridges, 10-7-26 Version, may be
obtained at https://dot.sd.gov/doing-business/contractors/standard-specifications/ .
The electronic bid proposal must be submitted by a valid bidder as designated by their
company’s https://apps.sd.gov/HC65C2C/EBS/BidAdminAuthorizationForm.pdf. A bidding
administrator will have privileges in the SDEBS to prepare bids, submit bids, and authorize
additional company employees to prepare and submit bids. Additionally, a bidding
administrator will be responsible for maintaining the list of authorized bidders for the company
and will have the ability to add employees, remove employees, and set-up bidder
identifications and passwords within the SDEBS. Bidding Administrator authorization will
remain in full force and effect until written notice of termination of this authorization is sent by
an Officer of the company and received by the Department.
A bidder identification and password, coupled with a company identification previously
assigned by the Department, will serve as authentication that an individual is a valid bidder for
the company.
Contact information to schedule a preconstruction meeting prior to commencing with the work
on this project.
Jay Peppel
PO Box 1206
Mitchell, SD 57301-7206
Phone: 605/995-8120
PROPOSAL Revised 8/10/11
SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, STATE OF SOUTH DAKOTA:
Ladies / Gentlemen:
The following proposal is made on behalf of the undersigned and no others. It is in all respects
fair and is made without collusion on the part of any other person, firm or corporation not
appearing in the signature to this proposal.
The undersigned certifies that she / he has carefully examined the plans listed herein, the
Specifications hereinbefore referred to, the Special Provisions and the form of contract, both of
which are attached hereto. The undersigned further certifies that she / he has personally
inspected the actual location of the work, together with the local sources of supply and that she /
he understands the conditions under which the work is to be performed, or, that if she / he has
not so inspected the actual location of the work, that she / he waives all right to plea any
misunderstanding regarding the location of the work or the conditions peculiar to the same.
On the basis of the plans, Specifications, Special Provisions and form of contract proposed for
use, the undersigned proposes to furnish all necessary machinery, tools, apparatus and other
means of construction, to do all the work and furnish all the materials in the manner specified, to
finish the entire project within the contract time specified and to accept as full compensation
therefore the amount of the summation of the products of the actual quantities, as finally
determined, multiplied by the unit prices bid.
The undersigned understands that the quantities as shown in the Bid Schedule are subject to
increase or decrease, and hereby proposes to perform all quantities of work, as increased or
decreased, in accordance with the provisions of the specifications, and subject to any applicable
special provisions, and at the unit prices bid.
The undersigned understands that the "Total or Gross Amount Bid" as immediately hereinbefore
set forth is not the final amount which will be paid if this proposal is accepted and the work done,
but that such amount is computed for the purpose of comparison of the bids submitted and the
determination of the amount of the performance bond.
The undersigned further proposes to perform all extra work that may be required on the basis
provided in the specifications, and to give such work personal attention in order to see that it is
economically performed.
The undersigned further proposes to both execute the contract agreement and to furnish a
satisfactory performance bond, in accordance with the terms of the specifications, within twenty
(20) calendar days after the date of Notice of Award from the South Dakota Department of
Transportation that this proposal has been accepted.
CERTIFICATION REGARDING LOBBYING
I certify, to the best of my knowledge and belief, that: No Federal appropriated funds have
been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative
agreement. If any funds other than Federal appropriated funds have been paid or will be paid
to any of the above mentioned parties, the undersigned shall complete and submit Standard
Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty or not less than $10,000 and not more than $100,000 for each such failure.
REV 9/1/26
INDEX OF SPECIAL PROVISIONS
PROJECT NUMBER(S): P-CR 090L(09)260, IM-CR 0906(76)263 PCN: 07YC, 08L4
TYPE OF WORK: COLD MILLING, ASPHALT CONCRETE RESURFACING, PIPE WORK,
INSLOPE FLATTENING, LIGHTING
COUNTIES: BRULE, LYMAN
The following clauses have been prepared subsequent to the Standard Specifications for Roads
and Bridges and refer only to the above described improvement, for which the following
Proposal is made.
The Contractor’s attention is directed to the need for securing from the Department of
Environment & Natural Resources, Foss Building, Pierre, South Dakota, permission to remove
water from public sources (lakes, rivers, streams, etc.). The Contractor should make his request
as early as possible after receiving his contract, and insofar as possible at least 30 days prior to
the date that the water is to be used.
Devon Bartscher, Bobbie Country is the official in charge of the Mitchell, Pierre Career Center for
Brule, Lyman Counties.
THE FOLLOWING ITEMS ARE INCLUDED IN THIS PROPOSAL FORM:
Special Provision for Contract Time, dated 9/18/26.
Special Provision for Alternate Bidding, dated 9/18/26.
Special Provision Regarding Section 404 of the Clean Water Act, dated 9/22/26.
Fact Sheet #3
Special Provision for On-The-Job Training Program, dated 3/10/16.
Special Provision for Contractor Staking with Machine Control Grading Option,
dated 9/18/26.
Special Provision for Durable Pavement Markings, dated 9/18/26.
List of Utilities.
Special Provision for Acknowledgment and Certification Regarding Article 3, Section 12 of the
South Dakota Constitution, dated 8/24/23.
Fuel Adjustment Affidavit, DOT form 208 dated 11/25.
Standard Title VI Assurance, dated 3/1/16
Special Provision for Equal Employment Opportunity Requirements for Highway Construction
Contracts, dated 10/7/26.
Special Provision for Contract Provisions for Federal-Aid Construction Contracts, Form
FHWA 1273 (Rev. June 25, 2026), dated 10/7/26.
Contract Provisions for Federal-Aid Construction Contracts, Form FHWA 1273 (Rev. 6/25/26).
Special Provision Regarding Minimum Wage on Federal-Aid Projects, dated 10/24/19.
Wage and Hour Division US Department of Labor Washington DC. - US Dept. of Labor Decision
Number SD20260001, dated 1/30/26.
Special Provision Regarding Stormwater Discharges to Waters of the State, dated 11/5/25.
General Permit Authorizing Stormwater Discharges Associated with Construction
Activities, dated 11/1/23.
https://danr.sd.gov/OfficeOfWater/SurfaceWaterQuality/stormwater/StormWater
Construction.aspx
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
CONTRACT TIME
PROJECT P-CR 090L(09)260 & IM-CR 0906(76)263, PCN 07YC & 08L4
BRULE & LYMAN COUNTY
SEPTEMBER 18, 2026
Sturgis Motorcycle Rally Restrictions
The Contractor will open all lanes to through traffic on the project and no work will be
allowed from July 31, 2027 to August 15, 2027 (inclusive) due to the Sturgis Motorcycle
Rally, unless written permission is granted by the Area Engineer.
The Department will make a disincentive assessment in the amount of $1,000 per
calendar day for the Contractor’s failure to comply with the Sturgis Motorcycle Rally
restrictions. A contract item for incentive/disincentive pay is included in the bid schedule
for the Department’s use in assessing disincentive. The Department will use a negative
quantity of days for assessing disincentives. The Department will not grant time
extensions for the Sturgis Motorcycle Rally restrictions for any reason.
Field Work Completion
The Contractor will complete the project by the October 22, 2027 field work completion
date.
The Contractor will complete all work on the project prior to the field work completion
requirement or the field work completion requirement as amended by formally approved
time extension. If the Contractor does not complete all work by the field work completion
requirement or the field work completion requirement as amended by formally approved
time extension, the Department will assess liquidated damages in accordance with
Section 8.9. The Department will assess liquidated damages for each working day the
work (project) is late until the Contractor completes all field work. In the event the
Contractor does not complete all field work on time, the Department will count working
days in accordance with Section 8.7 C.
* * * * *
1
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
ALTERNATE BIDDING
PROJECT P-CR 090L(09)260 & IM-CR 0906(76)263, PCN 07YC & 08L4
BRULE & LYMAN COUNTY
SEPTEMBER 18, 2026
Bidders must submit bids for the same alternate (A or B) for bid item groups 1, 2, 3, and
4. Bids submitted that do not contain the same alternate for bid item groups 1, 2, 3, and
4 will be rejected and will be considered a non-responsive bid.
* * * * *
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION REGARDING
SECTION 404 OF
THE CLEAN WATER ACT
Project # P-CR 090L(09)260, PCN 07YC
Brule & Lyman County
SEPTEMBER 22, 2026
NATIONWIDE PERMIT NO 3
The above referenced project is authorized by the Department of the Army Nationwide Permit, found in
the January 8, 2026 Federal Register publication “91 FR 768 - Reissuance and Modification of Nationwide
Permits.”
Attached is a copy of the Corps' Nationwide 3 Permit conditions. The milling, resurfacing, pipe work,
inslope flattening, and lighting to be completed on this project is authorized by the Nationwide Permit 3:
repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure not
requiring pre-construction notification to the Corps (404 permit application). While a formal pre-
construction notification was not required, sites in Waters of the US must adhere to the conditions of the
Nationwide Permit 3, Nationwide Permit General Conditions, and South Dakota Conditions.
Please refer to the attached Fact Sheet Nationwide Permit 3 and 2026 Nationwide Permits Regional
Conditions
PLEASE REFER TO THE TABLE OF WETLANDS IN THE SECTION A ENVIRONMENTAL
COMMITMENTS.
Nationwide Permit 3
Maintenance
Expires March 14, 2026
1. Maintenance.
a) The repair, rehabilitation, or replacement of any previously authorized, currently
serviceable structure or fill, or of any currently serviceable structure or fill authorized
by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing
from those uses specified or contemplated for it in the original permit or the most
recently authorized modification. Minor deviations in the structure's configuration or
filled area, including those due to changes in materials, construction techniques,
requirements of other regulatory agencies, or current construction codes or safety
standards that are necessary to make the repair, rehabilitation, or replacement are
authorized. This NWP also authorizes the removal of previously authorized
structures or fills. Any stream channel modification is limited to the minimum
necessary for the repair, rehabilitation, or replacement of the structure or fill; such
modifications, including the removal of material from the stream channel, must be
immediately adjacent to the project. This NWP also authorizes the removal of
accumulated sediment and debris within, and in the immediate vicinity of the
structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of
those structures or fills destroyed or damaged by storms, floods, fire or other
discrete events, provided the repair, rehabilitation, or replacement is commenced, or
is under contract to commence, within two years of the date of their destruction or
damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-
year limit may be waived by the district engineer, provided the permittee can
demonstrate funding, contract, or other similar delays.
b) This NWP also authorizes the removal of accumulated sediments and debris outside
the immediate vicinity of existing structures (e.g., bridges, culverted road crossings,
water intake structures, etc.). The removal of sediment is limited to the minimum
necessary to restore the waterway in the vicinity of the structure to the approximate
dimensions that existed when the structure was built, but cannot extend farther than
200 feet in any direction from the structure. This 200 foot limit does not apply to
maintenance dredging to remove accumulated sediments blocking or restricting
outfall and intake structures or to maintenance dredging to remove accumulated
sediments from canals associated with outfall and intake structures. All dredged or
excavated materials must be deposited and retained in an area that has no waters of
the United States unless otherwise specifically approved by the district engineer
under separate authorization.
c) This NWP also authorizes temporary structures, fills, and work, including the use of
temporary mats, necessary to conduct the maintenance activity. Appropriate
measures must be taken to maintain normal downstream flows and minimize
flooding to the maximum extent practicable, when temporary structures, work, and
discharges of dredged or fill material, including cofferdams, are necessary for
construction activities, access fills, or dewatering of construction sites. Temporary
fills must consist of materials, and be placed in a manner, that will not be eroded by
expected high flows. After conducting the maintenance activity, temporary fills must
be removed in their entirety and the affected areas returned to pre-construction
elevations. The areas affected by temporary fills must be revegetated, as
appropriate.
d) This NWP does not authorize maintenance dredging for the primary purpose of
navigation. This NWP does not authorize beach restoration. This NWP does not
authorize new stream channelization or stream relocation projects.
Notification: For activities authorized by paragraph (b) of this NWP, the permittee must
submit a pre-construction notification to the district engineer prior to commencing the
activity (see general condition 32). The pre-construction notification must include
information regarding the original design capacities and configurations of the outfalls,
intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and
Harbors Act of 1899 and Section 404 of the Clean Water Act (Sections 10 and 404))
Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously
authorized structure or fill that does not qualify for the Clean Water Act Section 404(f)
exemption for maintenance.
Nationwide Permit General Conditions
Note: To qualify for NWP authorization, the prospective permittee must comply with the
following general conditions, as applicable, in addition to any regional or case-specific
conditions imposed by the division engineer or district engineer. Prospective permittees
should contact the appropriate Corps district office to determine if regional conditions
have been imposed on an NWP. Prospective permittees should also contact the
appropriate Corps district office to determine the status of Clean Water Act Section 401
water quality certification and/or Coastal Zone Management Act consistency for an
NWP. Every person who may wish to obtain permit authorization under one or more
NWPs, or who is currently relying on an existing or prior permit authorization under one
or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1
through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating
to the modification, suspension, or revocation of any NWP authorization.
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through
regulations or otherwise, must be installed and maintained at the permittee's expense
on authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his or her authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from
the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions
caused thereby, without expense to the United States. No claim shall be made against
the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those
species that normally migrate through the area, unless the activity's primary purpose is
to impound water. All permanent and temporary crossings of waterbodies shall be
suitably culverted, bridged, or otherwise designed and constructed to maintain low flows
to sustain the movement of those aquatic species. If a bottomless culvert cannot be
used, then the crossing should be designed and constructed to minimize adverse
effects to aquatic life movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical
destruction (e.g., through excavation, fill, or downstream smothering by substantial
turbidity) of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by
NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by
NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from
toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply
intake structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of
water, adverse effects to the aquatic system due to accelerating the passage of water,
and/or restricting its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre-
construction course, condition, capacity, and location of open waters must be
maintained for each activity, including stream channelization, storm water management
activities, and temporary and permanent road crossings, except as provided below. The
activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of
the activity is to impound water or manage high flows. The activity may alter the pre-
construction course, condition, capacity, and location of open waters if it benefits the
aquatic environment (e.g., stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and
all exposed soil and other fills, as well as any work below the ordinary high water mark
or high tide line, must be permanently stabilized at the earliest practicable date.
Permittees are encouraged to perform work within waters of the United States during
periods of low-flow or no-flow, or during low tides.
13. Removal of Temporary Structures and Fills. Temporary structures must be
removed, to the maximum extent practicable, after their use has been discontinued.
Temporary fills must be removed in their entirety and the affected areas returned to pre-
construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP
general conditions, as well as any activity-specific conditions added by the district
engineer to an NWP authorization.
15. Single and Complete Project. The activity must be a single and complete project.
The same NWP cannot be used more than once for the same single and complete
project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the
National Wild and Scenic River System, or in a river officially designated by Congress
as a “study river” for possible inclusion in the system while the river is in an official study
status, unless the appropriate Federal agency with direct management responsibility for
such river, has determined in writing that the proposed activity will not adversely affect
the Wild and Scenic River designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic
River System, or in a river officially designated by Congress as a “study river” for
possible inclusion in the system while the river is in an official study status, the
permittee must submit a pre-construction notification (see general condition 32). The
district engineer will coordinate the PCN with the Federal agency with direct
management responsibility for that river. Permittees shall not begin the NWP activity
until notified by the district engineer that the Federal agency with direct management
responsibility for that river has determined in writing that the proposed NWP activity will
not adversely affect the Wild and Scenic River designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency responsible for the designated Wild and Scenic River
or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service). Information on these rivers is also
available at: http://www.rivers.gov/.
17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
18. Endangered Species. (a) No activity is authorized under any NWP which is likely to
directly or indirectly jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the Federal
Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely
modify designated critical habitat or critical habitat proposed for such designation. No
activity is authorized under any NWP which “may affect” a listed species or critical
habitat, unless ESA section 7 consultation addressing the consequences of the
proposed activity on listed species or critical habitat has been completed. See 50 CFR
402.02 for the definition of “effects of the action” for the purposes of ESA section 7
consultation, as well as 50 CFR 402.17, which provides further explanation under ESA
section 7 regarding “activities that are reasonably certain to occur” and “consequences
caused by the proposed action.”
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA (see 33 CFR 330.4(f)(1)). If pre-construction notification is
required for the proposed activity, the Federal permittee must provide the district
engineer with the appropriate documentation to demonstrate compliance with those
requirements. The district engineer will verify that the appropriate documentation has
been submitted. If the appropriate documentation has not been submitted, additional
ESA section 7 consultation may be necessary for the activity and the respective federal
agency would be responsible for fulfilling its obligation under section 7 of the ESA.
(c) Non-federal permittees must submit a pre-construction notification to the district
engineer if any listed species (or species proposed for listing) or designated critical
habitat (or critical habitat proposed such designation) might be affected or is in the
vicinity of the activity, or if the activity is located in designated critical habitat or critical
habitat proposed for such designation, and shall not begin work on the activity until
notified by the district engineer that the requirements of the ESA have been satisfied
and that the activity is authorized. For activities that might affect Federally-listed
endangered or threatened species (or species proposed for listing) or designated critical
habitat (or critical habitat proposed for such designation), the pre-construction
notification must include the name(s) of the endangered or threatened species (or
species proposed for listing) that might be affected by the proposed activity or that
utilize the designated critical habitat (or critical habitat proposed for such designation)
that might be affected by the proposed activity. The district engineer will determine
whether the proposed activity “may affect” or will have “no effect” to listed species and
designated critical habitat and will notify the non-Federal applicant of the Corps’
determination within 45 days of receipt of a complete pre-construction notification. For
activities where the non-Federal applicant has identified listed species (or species
proposed for listing) or designated critical habitat (or critical habitat proposed for such
designation) that might be affected or is in the vicinity of the activity, and has so notified
the Corps, the applicant shall not begin work until the Corps has provided notification
that the proposed activity will have “no effect” on listed species (or species proposed for
listing or designated critical habitat (or critical habitat proposed for such designation), or
until ESA section 7 consultation or conference has been completed. If the non-Federal
applicant has not heard back from the Corps within 45 days, the applicant must still wait
for notification from the Corps.
(d) As a result of formal or informal consultation or conference with the FWS or NMFS
the district engineer may add species-specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the “take” of a threatened
or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take”
provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any
person subject to the jurisdiction of the United States to take a listed species, where
"take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect,
or to attempt to engage in any such conduct. The word “harm” in the definition of “take''
means an act which actually kills or injures wildlife. Such an act may include significant
habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding or
sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit
with an approved Habitat Conservation Plan for a project or a group of projects that
includes the proposed NWP activity, the non-federal applicant should provide a copy of
that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this
general condition. The district engineer will coordinate with the agency that issued the
ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and
the associated incidental take were considered in the internal ESA section 7
consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination
results in concurrence from the agency that the proposed NWP activity and the
associated incidental take were considered in the internal ESA section 7 consultation for
the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a
separate ESA section 7 consultation for the proposed NWP activity. The district
engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-
construction notification whether the ESA section 10(a)(1)(B) permit covers the
proposed NWP activity or whether additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the FWS and NMFS or their world
wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and
http://www.nmfs.noaa.gov/pr/species/esa/ respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for
ensuring that an action authorized by an NWP complies with the Migratory Bird Treaty
Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for
contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine
what measures, if any, are necessary or appropriate to reduce adverse effects to
migratory birds or eagles, including whether "incidental take" permits are necessary and
available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act
for a particular activity.
20. Historic Properties. (a) No activity is authorized under any NWP which may have the
potential to cause effects to properties listed, or eligible for listing, in the National
Register of Historic Places until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of section 106 of the National Historic Preservation Act (see 33 CFR
330.4(g)(1)). If pre-construction notification is required for the proposed NWP activity,
the Federal permittee must provide the district engineer with the appropriate
documentation to demonstrate compliance with those requirements. The district
engineer will verify that the appropriate documentation has been submitted. If the
appropriate documentation is not submitted, then additional consultation under section
106 may be necessary. The respective federal agency is responsible for fulfilling its
obligation to comply with section 106.
(c) Non-federal permittees must submit a pre-construction notification to the district
engineer if the NWP activity might have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for
listing on the National Register of Historic Places, including previously unidentified
properties. For such activities, the pre-construction notification must state which historic
properties might have the potential to be affected by the proposed NWP activity or
include a vicinity map indicating the location of the historic properties or the potential for
the presence of historic properties. Assistance regarding information on the location of,
or potential for, the presence of historic properties can be sought from the State Historic
Preservation Officer, Tribal Historic Preservation Officer, or designated tribal
representative, as appropriate, and the National Register of Historic Places (see 33
CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will
comply with the current procedures for addressing the requirements of section 106 of
the National Historic Preservation Act. The district engineer shall make a reasonable
and good faith effort to carry out appropriate identification efforts commensurate with
potential impacts, which may include background research, consultation, oral history
interviews, sample field investigation, and/or field survey. Based on the information
submitted in the PCN and these identification efforts, the district engineer shall
determine whether the proposed NWP activity has the potential to cause effects on the
historic properties. Section 106 consultation is not required when the district engineer
determines that the activity does not have the potential to cause effects on historic
properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district
engineer determines that the activity has the potential to cause effects on historic
properties. The district engineer will conduct consultation with consulting parties
identified under 36 CFR 800.2(c) when he or she makes any of the following effect
determinations for the purposes of section 106 of the NHPA: no historic properties
affected, no adverse effect, or adverse effect.
(d) Where the non-Federal applicant has identified historic properties on which the
proposed NWP activity might have the potential to cause effects and has so notified the
Corps, the non-Federal applicant shall not begin the activity until notified by the district
engineer either that the activity has no potential to cause effects to historic properties or
that NHPA section 106 consultation has been completed. For non-federal permittees,
the district engineer will notify the prospective permittee within 45 days of receipt of a
complete pre-construction notification whether NHPA section 106 consultation is
required. If NHPA section 106 consultation is required, the district engineer will notify
the non-Federal applicant that he or she cannot begin the activity until section 106
consultation is completed. If the non-Federal applicant has not heard back from the
Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees shoul
- Enriched
- Yes
- Pdf Pages
- 115
- Work Desc
- Milling, AC Surf, Pipe Work, Inslp Flat
- Work Type
- Work Type 5
- Addendums
- 0
- Project No
- P-CR 090L(09)260
- Questions
- 0
- List Url Hint
- hc65bidletting/ebslettings1.aspx
- Letting Label
- October 21, 2026
- Categorized By
- llm
South Dakota Department of TransportationIssuing agency·South Dakota·via a public procurement portal