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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
STRUCTURE (4-12X12 CIP RCBC) & APPROACH GRADING
FEDERAL PROJECT NO. BRO-B 8058(34)
(PCN 09MQ)
405TH AVENUE
IN SPINK COUNTYOctober 7, 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: BRO-B 8058(34) Revised 10/8/25
PCN 09MQ
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 7, 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 15, 2027
The project category is Category II
The project type is Structural
The geographic zone is Zone 5
THE DBE GOAL FOR THIS PROJECT IS: N/A
WORK TYPE FOR THIS PROJECT IS: WORK TYPE 9
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.
Brad Letcher
901 Dakota North PO Box 940
Huron, SD 57350-0940
Phone: 605/353-7140
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): BRO-B 8058(34) PCN: 09MQ
TYPE OF WORK: STRUCTURE (4-12X12 CIP RCBC) & APPROACH GRADING
COUNTY: SPINK
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.
Ashley Glaspell is the official in charge of the Aberdeen Career Center for Spink County.
THE FOLLOWING ITEMS ARE INCLUDED IN THIS PROPOSAL FORM:
Special Provision Regarding Section 404 of the Clean Water Act, dated 6/10/26.
Fact Sheet #23.
Special Provision for Contractor Staking, dated 8/17/26.
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 REGARDING
SECTION 404 OF
THE CLEAN WATER ACT
Project # BRO-B 8058(34); PCN 09MQ
Spink County
JUNE 10, 2026
NATIONWIDE PERMIT NO 23
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.”
The following general conditions must be adhered to in order for any authorization by a nationwide permit
to be valid:
Please refer to the attached Fact Sheet Nationwide Permit 23 and 2026 Nationwide Permits Regional
Conditions
The above authorization permits placement of fill in the drainage crossings or wetlands identified in the
Section A plan notes.
PLEASE REFER TO THE TABLE OF WETLANDS IN THE SECTION A ENVIRONMENTAL
COMMITMENTS.
Nationwide Permit 23
Approved Categorical Exclusions
Expires March 15, 2031
23. Approved Categorical Exclusions.
Activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another
Federal agency or department where:
(a) That agency or department has determined, pursuant to Section 106, 109, and 111(1) of the National
Environmental Policy Act, that the activity is categorically excluded from the requirement to prepare
an environmental impact statement or environmental assessment analysis, because it is included
within a category of actions which neither individually nor cumulatively have a significant effect on
the human environment; and
(b) The Office of the Chief of Engineers (Attn: CECW–CO) has concurred with that agency’s or
department’s determination that the activity is categorically excluded and approved the activity for
authorization under NWP 23.
The Office of the Chief of Engineers may require additional conditions, including pre-construction
notification, for authorization of an agency’s categorical exclusions under this NWP.
Notification: Certain categorical exclusions approved for authorization under this NWP require the
permittee to submit a pre-construction notification to the district engineer prior to commencing the activity
(see general condition 32). The activities that require pre-construction notification are listed in the
appropriate Regulatory Guidance Letter(s) (Authorities: Sections 10 and 404)
Note: The agency or department may submit an application for an activity believed to be categorically
excluded to the Office of the Chief of Engineers (Attn: CECW–CO). Prior to approval for authorization under
this NWP of any agency’s activity, the Office of the Chief of Engineers will solicit public comment. As of the
date of issuance of this NWP, agencies with approved categorical exclusions are: the Bureau of
Reclamation, Federal Highway Administration, and U.S. Coast Guard. Activities approved for authorization
under this NWP as of the date of this notice are found in Corps Regulatory Guidance Letter 05–07. Any
changes to approved categorical exclusions applicable to this NWP will be announced in the Federal
Register and posted on this same website.
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.
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
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
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.
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
mUS Army Corps
of Engineers .,
Omaha District
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
mUS Army Corps
of Engineers .,
Omaha District
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 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 on 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 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 on 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 should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents
the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements
of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the
permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless
mUS Army Corps
of Engineers .,
Omaha District
Contents adapted from the Federal Register (91 FR 768) published on January 8, 2026.
the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide
documentation specifying the circumstances, the degree of damage to the integrity of any historic properties
affected, and proposed mitigation. This documentation must include any views obtained from the applicant,
SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands
or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts
to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. Permittees that discover any previously
unknown historic, cultural or archeological remains and artifacts while accomplishing the activities authorized by
NWPs, must immediately notify the district engineer of what they have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the required coordination
has been completed. The district engineer will initiate the federal, tribal, and state coordination required to
determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine
sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may
designate, after notice and opportunity for public comment, additional waters officially designated by a state as
having particular environmental or ecological significance, such as outstanding national resource waters or state
natural heritage sites. The district engineer may also designate additional critical resource waters after notice
and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7,
12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 58 for any activity within, or directly
affecting, critical resource waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is
required in accordance with general condition 32, for any activity proposed by permittees in the designated
critical resource waters including wetlands adjacent to those waters. The district engineer may authorize
activities under these NWPs only after she or he determines that the impacts to the critical resource waters will
be no more than minimal.
23. Mitigation. The district engineer will consider the following factors when determining appropriate and
practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are
no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary
and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource
losses) will be required to the extent necessary to ensure that the individual and cumulative adverse
environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that
exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that
either some other form of mitigation would be more environmentally appropriate or the adverse environmental
effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this
requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district
engineer may determine on a case-by-case b
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