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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
- 5
DEPARTMENT OF TRANSPORTATION
NOTICE TO CONTRACTORS,
PROPOSAL, SPECIAL PROVISIONS,
CONTRACT AND CONTRACT BOND
FOR
UNBONDED CONCRETE OVERLAY, NONREINFORCED PORTLAND
CEMENT CONCRETE SHOULDERS WITH ASPHALT SHOULDERS
FEDERAL PROJECT NO. NH 0018(261)263
(PCN 08G7)
US HIGHWAY 18
IN GREGORY, TRIPP COUNTIESNovember 18, 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: NH 0018(261)263 Revised 10/8/25
PCN 08G7
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 November 18, 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: NOVEMBER 19, 2027
The project category is Category III
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 3
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.
Doug Sherman
PO Box 771
Winner, SD 57580-0771
Phone: 605/842-0810
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): NH 0018(261)263 PCN: 08G7
TYPE OF WORK: UNBONDED CONCRETE OVERLAY, NONREINFORCED PORTLAND
CEMENT CONCRETE SHOULDERS WITH ASPHALT SHOULDERS
COUNTIES: GREGORY, TRIPP
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.
Bobbie Country is the official in charge of the Winner Career Center for Gregory, Tripp Counties.
THE FOLLOWING ITEMS ARE INCLUDED IN THIS PROPOSAL FORM:
Special Provision for Contract Time, dated 10/2/26.
Special Provision for Traffic Control Supervisor, dated 10/2/26.
Special Provision Regarding Section 404 of the Clean Water Act, dated 10/23/26.
Fact Sheet #3.
Special Provision for Contractor Staking, dated 10/19/26.
Special Provision for Portland Cement Concrete Pavement Overlay (Thick),
dated 10/5/26.
Special Provision for Contractor Furnished Mix Design for PCC Pavement,
dated 8/30/18.
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 NH 0018(261)263, PCN 08G7
GREGORY & TRIPP COUNTY
OCTOBER 2, 2026
45 Calendar Day Count Closure Requirement
The Contractor may close US 18 while completing paving. The Contractor will complete
the work required to re-open US 18 to traffic within 45 calendar days.
The Department will begin counting calendar days when the Contractor impedes traffic
on US 18. The Department will continue to count calendar days until the Contractor
completes the work to re-open US 18 to traffic. The Department will count calendar days
in accordance with Section 8.7.
If the Contractor does not complete the work within the calendar day completion
requirement, the Department will make a disincentive assessment amounting to $5000
per calendar day. A contract item for incentive/disincentive pay is included in the bid
schedule for the Department’s use in assessing disincentives. The Department will use a
negative quantity of days for assessing disincentives.
Field Work Completion
The Contractor will complete the project by the November 19, 2027 field work completion
date.
The Contractor will complete all work on the project prior to the field work completion
requirement. If the Contractor does not complete all work by the field work completion
requirement, 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 B.
* * * * *
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STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
TRAFFIC CONTROL SUPERVISOR
PROJECT NH 0018(261)263, PCN 08G7
GREGORY & TRIPP COUNTY
OCTOBER 2, 2026
I. DESCRIPTION
This work consists of the Contractor providing a certified Traffic Control Supervisor
(TCS) to oversee all traffic control operations including, but not limited to; vehicular
traffic control, detour route traffic control, and pedestrian access route traffic
control for the safety of workers and the traveling public.
II. MATERIALS
No material requirements.
III. CONSTRUCTION REQUIREMENTS
A. Certification: The TCS must be certified through the South Dakota AGC-DOT
Traffic Control Supervisor Training and Certification program or the American
Traffic Safety Services Association (ATSSA) Traffic Control Supervisor
certification program and must have training and experience in the field of
construction traffic control.
The Contractor will submit the name of the individual designated as the TCS to
the Engineer prior to or during the preconstruction meeting for verification of
qualifications by the Department’s Operations Traffic Engineer.
B. Duties: Delete Section 634.3 E.5. of the specifications. The TCS will perform
the following duties and responsibilities to the satisfaction of the Engineer:
1. The TCS will provide the name, phone number, and location of the TCS to
the Department, SD Highway Patrol, county sheriff’s office, and the local
city police department.
2
2. The TCS is responsible for coordinating all temporary traffic control
operations, including temporary traffic control operations needed for
subcontractors and suppliers.
3. The TCS is responsible for implementing the project temporary traffic
control plan. The TCS is also responsible for reviewing and, if needed,
making recommendations to change the project temporary traffic control
plan. Any change to the project temporary traffic control plan must be
approved by the Engineer.
4. The TCS must be available as the 24 hour a day and 7 days a week contact
responsible to ensure maintenance of temporary traffic control is performed,
as needed.
5. The Contractor shall monitor and maintain all traffic control items. The
Contractor is responsible for adjustments of traffic control items when traffic
conditions change. A representative of the TCS or another employee of the
Contractor may perform the routine maintenance of temporary traffic control
devices. The TCS is responsible for any maintenance performed by other
employees of the Contractor in accordance with Section III.B.2 duties for
coordinating all temporary traffic control operations.
6. The TCS is responsible for and shall perform all required day time and night
time inspections of all temporary traffic control devices on the project to
verify the overall traffic control system is adequate and all devices are
legible both during daylight hours and at night. This includes detour route
signing. The inspections shall begin when the first traffic control sign or
device is put into operation and end when the last traffic control sign or
device is removed from operation. The TCS will provide the Engineer a
written summary of each required day time and night time inspection. All
inspections must ensure the temporary traffic control devices are clean,
maintained, and functioning as intended.
a. For night time inspections at the minimum frequency of once per week.
b. For day time inspections at the minimum frequency of once per week.
7. In addition to the required day time and night time inspections, the TCS is
required to be on-site at the work zone for the following, at a minimum:
a. When requested by the Engineer and, in the sole discretion of the
Engineer, there is a need requiring the attention of the TCS to address
an issue with the current temporary traffic control devices or plan.
Routine maintenance of the current temporary traffic control devices
alone will not be considered as a need requiring the TCS to be on-site.
3
b. For major traffic shifts or phase changes.
c. After a storm or major event that has the potential to knock over or upend
the temporary traffic control devices.
8. In conjunction with Section III.B.7.a and Section III.B.7.c of this special
provision, the TCS is required to be on-site within a maximum of 4 hours of
notification from the Engineer, or an alternate timeframe if mutually agreed
upon by the Contractor and the Project Engineer. If there is an immediate
safety concern or an immediate need to make an adjustment to any of the
temporary traffic control devices, the Contractor will take measures to
address the concern or need, to the satisfaction of the Engineer, prior to the
TCS arriving on-site.
C. General: Temporary traffic control on the project will be furnished, maintained,
and installed in accordance with Section 634 and the project plan notes and
details.
IV. METHOD OF MEASUREMENT
Traffic Control Supervisor: Measurement for Traffic Control Supervisor will not
be made.
V. BASIS OF PAYMENT
Traffic Control Supervisor: Traffic Control Supervisor will be paid for at the
contract lump sum price. Payment will be full compensation for all costs associated
with providing the Traffic Control Supervisor and performing all related duties.
Payment for Traffic Control Supervisor will be made as follows:
A. 20% of contract item lump sum price upon designation of certificated Traffic
Control Supervisor.
B. 50% of contract item lump sum price when construction project is 25%
completed.
C. 75% of contract item lump sum price when construction project is 50%
completed.
D. 90% of contract item lump sum price when construction project is 75%
completed.
4
E. 100% of contract item price when construction project is 100% completed and
the Area Office has issued the Acceptance of Field Work in accordance with
Section 5.16.
* * * * *
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION REGARDING
SECTION 404 OF
THE CLEAN WATER ACT
Project # NH 0018(261)263, PCN 08G7
Tripp & Gregory Counties
OCTOBER 23, 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 concrete overlay and pipe work 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 15, 2031
3. 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
preconstruction 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 preconstruction 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.
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
Contents adapted from the Federal Register (91 FR 768) published on January 8, 2026.
C. 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
Contents adapted from the Federal Register (91 FR 768) published on January 8, 2026.
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, including tidal flows. The
activity must not restrict or impede the passage of normal or high flows, including tidal 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. If mats are used to minimize soil disturbance, the affected
areas must be returned to pre-construction elevations, and revegetated as appropriate. In circumstances where
the use of mats has caused significant soil compaction, efforts using techniques (e.g., soil reaeration techniques)
to break up the compaction should be employed to return the soil to a pre-construction state prior to returning to
pre-construction elevations.
Contents adapted from the Federal Register (91 FR 768) published on January 8, 2026.
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.
(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
Contents adapted from the Federal Register (91 FR 768) published on January 8, 2026.
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 permittee 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 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
Contents adapted from the Federal Register (91 FR 768) published on January 8, 2026.
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 on properties listed, or eligible fo
- Enriched
- Yes
- Pdf Pages
- 118
- Work Desc
- Unbonded Concrete Overlay, Pipe Work
- Work Type
- Work Type 3
- Addendums
- 0
- Project No
- NH 0018(261)263
- Questions
- 0
- List Url Hint
- hc65bidletting/ebslettings1.aspx
- Letting Label
- November 18, 2026
- Categorized By
- llm
South Dakota Department of TransportationIssuing agency·South Dakota·via a public procurement portal