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- VERMONT CA-96
Contract Number: C03296
Contract Name: TOPSHAM BF 031-1(13)
VERMONT
AGENCY OF TRANSPORTATION
PROPOSAL
STANDARD SPECIFICATIONS FOR CONSTRUCTION
DATED 2024 SHALL APPLY TO THIS CONTRACT
SPECIAL PROVISIONS
SCHEDULE OF ITEMS
ELECTRONIC BID BOND to be submitted in the amount of 5% of the Contractor's bid.
BIDDING PROCEDURE
Bid Proposals will not be read unless accompanied by an electronic bid bond, and they may be rejected as
irregular if they are not in compliance with Agency specifications.
NOTE: All bid proposals shall be properly filled out and submitted electronically utilizing iCX Web
System services.
VTrans Mission and Vision
Through excellent customer service, provide for the safe and efficient movement of people and goods.
A safe, reliable, and multimodal transportation system that grows the economy, is affordable to use and
operate, and serves vulnerable populations.
Cover Page Proposal ____________________________________________________________ 1
Table of Contents _______________________________________________________________ 2
Project Special Provisions ________________________________________________________ 3
404 Corps of Engineers Permit ____________________________________________________ 12
ANR RME Consultation _________________________________________________________ 57
State Wetland Permit ____________________________________________________________ 59
Impact Plans ___________________________________________________________________ 67
Required Contract Provisions for Federal Aid Construction Contracts FHWA 1273 June 2026 __ 79
USDOL Davis Bacon Wage Rates 2026 - Orange County _______________________________ 91
Bidding Requirements and Conditions ______________________________________________ 95
DBE Policy Required Contract Requirements CR110 - 2026 _____________________________ 107
Attachment C - Standard State Contract and Grant Provisions Rev 2-13-26 _________________ 112
USDOT Standard Title VI Nondiscrim Assurances Appendix A and E _____________________ 122
Standard Federal EEO Construction Contract Specifications _____________________________ 125
Contractor EEO Certification Form - CA109 _________________________________________ 132
Vermont AOT Certificate of Compliance - CA271 _____________________________________ 133
Vermont AOT Minimum Labor and Truck Rates - CA101 _______________________________ 137
Commodity Index Prices CA170 - Spec Book 2024 ____________________________________ 138
Proposal Schedule of Pay Items ____________________________________________________ 139
Topsham BF 031-1(13)
PIN Number(s): 19B210 Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 1
SPECIAL PROVISIONS
1. NOTICE TO BIDDERS – CONTRACT COMPLETION DATE. This Contract shall be completed
on or before October 15, 2027.
2. NOTICE TO BIDDERS – INCENTIVE/DISINCENTIVE (I/D). In accordance with Subsection
108.10 and as described below, there shall be an Incentive/Disincentive period on this Contract.
(a) Dates and Meetings. The allowable I/D work period shall start at 7:00 a.m. and end 28 days
later by 6:59 a.m. This 28 day work period is herein defined as the I/D period. The begin
construction date for the I/D period shall be determined by the Contractor. However, in no
case shall the I/D period begin before 7:00 a.m. on June 28th, 2027, and it shall end no later
than 6:59 a.m. on August 20th, 2027.
During the I/D period, the Contractor will be allowed to close the road to all traffic and to
work on the project for 24 hours per day, 7 days per week, including holiday periods. Night
work will be allowed during the I/D period. See Notice to Bidders No. 5 for additional
information and requirements regarding night work.
For this Contract, a public information meeting shall be held prior to the start of the I/D
period, as described in Subsection 108.10(b).
(b) Identified Work. All work identified below shall be completed before the end of the I/D
period:
(1) Road shall be open for two-way traffic during nonworking hours;
(2) Type IIS pavement placed with temporary line striping in place, and;
(3) Permanent guardrail OR approved temporary barrier
No daily lane closures will be allowed until 14 calendar days prior to the start of the I/D
period, except to progress work for EPSC and traffic control.
During the 14 calendar days prior to the I/D period the Contractor will be allowed to
maintain a minimum of one-lane (minimum 15 feet wide including shoulders) alternating
traffic during daytime hours in order to perform preparatory work. No night work will be
allowed during this window, and two-lane, two-way traffic must be maintained on the
existing alignment during nighttime hours.
Topsham BF 031-1(13) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 2
(c) Pay Schedule. The Contractor will receive a lump sum compensation of $55,600.00 for
completing the identified work before the end of the I/D period. If the identified work is
not completed before the end of the I/D period, no portion of the lump sum incentive will
be paid.
In addition to the lump sum payment, the Contractor will also be compensated at a rate of
$600.00 per hour for each hour that the identified work is completed prior to the end of the
I/D period, up to a maximum total payment of $156,400.00 (including the lump sum
payment). Only whole hours will count toward this extra incentive payment.
For each hour after the end of the I/D period that the identified work remains uncompleted,
the Contractor will be assessed a disincentive at a rate of $600.00 per hour. The full hourly
disincentive amount will be assessed for each hour during which the identified work is not
completed for any portion of the hour. There shall be no maximum on the disincentive
amount.
This assessed disincentive is separate from, and will be imposed in addition to, liquidated
damages which may be imposed for failure to complete the Contract on time.
Payment for incentive or deduction for disincentive will be made under pay item 199.8101.
3. NOTICE TO BIDDERS – PROHIBITION OF RUSSIAN GOODS. The Contractor is hereby
notified that, pursuant to Vermont Executive Order No. 02-22, dated March 3rd, 2022, the
purchase of Russian-sourced goods and goods produced by Russian entities (defined as institutions
or companies that are headquartered in Russia or have their principal place of business in Russia)
is prohibited. The awarded Contractor must fill out and sign the Executive Order 02-22 Vendor
Certification as part of the Contract awarding process.
4. NOTICE TO BIDDERS – WORK REQUIREMENT(S). The Contractor is hereby notified that
work will be allowed outside of the construction season for tree removal activities. See Notice to
Bidders No. 16 for time of year (TOY) restrictions for tree removal.
5. NOTICE TO BIDDERS – NIGHT WORK. The Contractor is hereby notified that night work will
only be permitted during the Incentive/Disincentive period. Night will be as defined in Subsection
101.02. The Engineer may abbreviate this time period as necessary. All work shall be completed
in accordance with the requirements of Subsection 105.14(c) and Subsection 105.14(d).
6. NOTICE TO BIDDERS – ELECTRONIC DOCUMENT MANAGEMENT. The Contractor is
hereby notified that the Contractor, their subcontractors, and suppliers shall create both a Doc
Express and an iCXWeb account. The Contractor shall use these applications for collection and
management of electronic documents. Doc Express can be accessed at the following link:
https://docexpress.com. iCXWeb can be accessed at the following link:
vtrans.exevision.com/icx/Index.aspx.
Topsham BF 031-1(13) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 3
All costs associated with the use of Doc Express and iCXWeb will be considered incidental to
Item 635.1100, Mobilization/Demobilization. The State will manage the applications including
Contract setup upon Contract execution.
To create an account and for more information regarding the use of Doc Express see the
information at the following link:
https://outside.vermont.gov/agency/vtrans/external/docs/construction/Contracting/DocExpressOv
erviewforContractors.docx.
To create an account and for more information regarding the use of iCXWeb see the information
at the following link: https://vtrans.vermont.gov/icx.
7. NOTICE TO BIDDERS – ELECTRONIC TICKETING VTRANS PORTAL. The Contractor
is hereby notified that the Contractor, their subcontractors, and suppliers shall connect to the
VTrans Portal and use the application for distribution and management of electronic tickets (e-
tickets). VTrans Portal is a state cloud-based e-ticket database, including a web-based user
interface and a jobsite mobile e-ticket application. VTrans Portal will interface with the
Contractor’s supplier existing point of sales or e-ticketing platform and will allow VTrans to
manage bituminous material e-tickets.
All costs associated with the use of VTrans Portal will be considered incidental to the appropriate
Section 406 and Section 407 pay items. The Agency will manage the VTrans Portal application
including Contract setup upon Contract execution.
To create an account, connect to the VTrans Portal, and for more information regarding the use of
VTrans Portal see the information at the following link: https://www.haulhub.com/vermont-
agency-transport-22/
8. NOTICE TO BIDDERS – CONTACT WITH THE AGENCY. From the time of advertising until
the actual bid opening for this Contract, all prospective Contractors, subcontractors, and suppliers
shall direct all inquiries related to this Contract solely to the Agency's Contract Administration
Section at AOT.ConstructionContractingInquiry@vermont.gov.
The deadline for submitting inquiries related to this Contract is 4:30 p.m. Eastern Time on
November 4th, 2026. Inquiries received prior to this time will receive a response from the Agency.
Inquiries received after this time may receive a response at the Agency’s discretion.
Topsham BF 031-1(13) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 4
9. NOTICE TO BIDDERS – OTHER SPECIFICATIONS AND CONTRACT REQUIREMENTS.
404 Corps of Engineers Permit
ANR RME Consultation
State Wetland Permit
Impact Plans
FHWA 1273 – Required Contract Provisions for Federal Aid Construction Contracts
USDOL Davis Bacon Wage Rates by County
Vermont Agency of Transportation Bidding Requirements and Conditions
Disadvantaged Business Enterprise (DBE) Policy Contract Requirements - CR-110
Attachment C - Standard State Provisions for Contracts and Grants
USDOT Standard Title VI Nondiscrimination Assurances Appendices A and E
Standard Federal Equal Employee Opportunity Construction Contract Specifications – CA26
Contractor Equal Employment Opportunity Certification Form – CA109
Vermont Agency of Transportation Certificate of Compliance – CA271
Vermont Agency of Transportation Minimum Labor and Truck Rates – CA101
Commodity Index Prices – CA170
Schedule of Pay Items
10. NOTICE TO BIDDERS – BIDDERS LIST FORM. The Contractor is hereby notified that the
Agency is required by the U.S. Department of Transportation to develop and maintain a list of
information about all firms that bid on federally funded Contracts in accordance with 49 C.F.R. §
26.11. The Agency has developed a new electronic form to collect this information. The Contractor
shall fill out this form as part of their project-specific prequalification for every Contract that they
bid on. A link to this form is provided in the prequalification form available through iCX and the
Agency’s website.
11. NOTICE TO BIDDERS – DAVIS-BACON. U.S. Department of Labor Davis-Bacon wage rates
are applicable to this Contract. Copies of the applicable rates are included in this proposal.
12. NOTICE TO BIDDERS – GENERAL SPECIAL PROVISIONS. The Contractor is hereby
notified that the most recent General Special Provisions in effect on the date of advertisement shall
apply to this Contract. The General Special Provisions may be found at the following address:
https://vtrans.vermont.gov/highway/construct-material/construct-services/pre-
contractspecifications/vermont/2024
13. NOTICE TO BIDDERS – STANDARD DRAWINGS. The Vermont Agency of Transportation
Standard Drawings listed on the Index of Sheets are not included in the plan set, but may be found
at the following address:
https://resources.vtrans.vermont.gov/user_files/cadd_help/WebFiles/Downloads/Standards/VAO
TconSTD_Owner.xml?_gl=1*1bgjbkk*_ga*MTE4ODI3MzMyMy4xNzcwOTA3Mzk4*_ga_V9
WQH77KLW*czE3OTAyMDEzNjYkbzEyOCRnMCR0MTc5MDIwMTM3MyRqNTMkbDAk
aDA.
Topsham BF 031-1(13) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 5
14. NOTICE TO BIDDERS – INFORMATIONAL DOCUMENTS. The Contractor is hereby notified
that the following informational documents for this Contract are available on iCXWeb and the
VTrans Bid Opportunities website. These documents are being provided during the bid solicitation
period for informational purposes only.
(a) Traffic Management Plan (TMP) Checklist
(b) Geotechnical Data Report
(c) Record Plans
15. NOTICE TO BIDDERS – SURFACE WATER WITHDRAWAL. The Contractor is hereby
notified that the Vermont state law, Act 135 of 2022, requires any person withdrawing surface
water (as defined in 10 V.S.A. § 1002 (20)) to register with and report the water withdrawal and
usage to the Vermont Department of Environmental Conservation beginning January 1, 2023.
Guidance can be found here: https://dec.vermont.gov/watershed/rivers/streamflow-protection/act-
135-surface-water-withdrawal-registration-and-reporting
16. NOTICE TO BIDDERS – ENVIRONMENTAL COMMITMENTS.
(a) Threatened, Endangered, and Rare Species. The Contractor shall ensure all personnel
working on the project site are made aware of the potential presence and protected status
of the northern long-eared bat. The Contractor shall ensure all personnel working on the
project site are aware of all environmental commitments related to the northern long-eared
bat.
The removal of trees shall be completed between OCT 1- APR14 , inclusive. All trees that
are to be removed must be clearly marked.
The Contractor is hereby made aware of the potential for TOY restrictions related to
proposed off-site activities. Cutting trees ≥ 3" DBH inches in diameter outside of the
contract project limits shall require review under Section 105.25 Opening Off-Site Activity
Areas.
The Contractor is required to report any dead, injured bat(s) found during construction to
the resident engineer. The VTrans Highways PDB Environmental Section Biologist shall
be notified to complete the required coordination.
17. NOTICE TO BIDDERS – UTILITIES. Existing underground facilities owned by Topsham
Telecom have been identified as abandoned and may be cut and removed by the contractor if
encountered during construction.
Topsham BF 031-1(13) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 6
Contacts for the above listed company are as follows:
Topsham Telecom Don Ceresoli 315-324-5911
Employees or agents of the above listed company are to be allowed free and full access within the
project limits with the tools, materials, and equipment necessary to install, operate, maintain, place,
replace, relocate, and remove their facilities.
There will be no extra compensation paid to the Contractor for any inconvenience caused by
working around and with the company, or their facilities. Should the Contractor desire additional
adjustments of the utility facilities for his/her convenience, proper arrangements shall be made in
conformance with Subsection 105.09
There are areas of underground utilities that may require additional locating beyond normal dig
safe measures The Contractor is hereby notified that exploratory excavation to locate existing
underground facilities may be necessary to protect these facilities from damage. Where approved
by the Engineer, these utilities shall be located and/or exposed by methods such as air/vacuum
excavation and/or hand digging to determine their exact location. This exploratory work shall be
classified as Trench Excavation of Earth, Exploratory and payment shall be through Pay Item
“204.2200, Trench Excavation of Earth, Exploratory, (N.A.B.I).”
The Contractor shall notify the aerial utility pole owner if excavation is within 10 feet of an existing
pole. That pole owner may choose to be onsite for this activity. There will be no excavation
allowed within 5 feet of existing poles and anchoring.
Vermont Statutes Annotated, Title 30, Chapter 86 (“Dig Safe”) requires notice to Dig Safe before
starting excavation activities. The Contractor must telephone Dig Safe at 811 at least 72 hours
(excluding Saturdays, Sundays, and legal holidays) before, but not more than 30 days before,
starting excavation activities at any location. In addition, before excavation and/or pavement
grinding in or on the state highway right-of-way, the Contractor must contact the Agency’s Traffic
Signal Superintendent, Dan Ertel, to obtain/verify the location of Agency’s underground utility
facilities or to confirm the absence of such facilities. Dan can be reached at (802) 343-2188.
The Contractor is advised that many towns are not members of Dig Safe. It is the Contractor’s
responsibility to check with towns prior to excavation and shall protect and restore utilities
damaged within the project and as set forth in Subsection 107.12 Protection and Restoration of
Utilities and Services.
All Contractors, subcontractors or material suppliers involved in any project-related activity shall
comply with all applicable codes and regulations related to working around live electrical lines;
including, but not limited to maintaining the required minimum clear distance from an electrical
utility facility. The Contractor’s Competent Safety Officer shall be well versed in OSHA and
VOSHA regulations and shall be capable of implementing a plan to conform to these regulations
during prosecution of work.
Topsham BF 031-1(13) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 7
18. NOTICE TO BIDDERS – CONCURRENT CONSTRUCTION. The Contractor is made aware of
the following VTrans construction project(s) which are expected to be in progress within the area
of this project during its construction.
TABLE 1 – CONCURRENT CONSTRUCTION PROJECTS
Project Contractor Anticipated Contract
Completion Date
Topsham – Groton DLEV2607 TBD TBD
This list is not all-inclusive and it is possible there may be other VTrans, municipal, or private
construction projects within the area of this project during its construction.
The Contractor shall coordinate construction schedules and traffic control with the work required
for these projects.
There will be no extra compensation paid to the Contractor for any inconvenience caused by
working around these or other projects.
19. NOTICE TO BIDDERS - SALVAGED MATERIALS. The Contractor is hereby notified that steel
plates on the deck removed and not re-used on the project shall remain the property of the State.
All costs for loading and delivering these salvaged materials will be incidental to Contract item
529.1500, Removal of Structure.
The Contractor shall load all of the salvaged materials onto suitable transport and deliver them to
the VTrans District 7 Maintenance Garage in Bradford located at 57 Fairground Road, Bradford,
VT 05033.
The Contractor shall contact Doug Peterson, Area Maintenance Supervisor [Tel.: (802) 535-5554]
a minimum of 2 weeks prior to beginning delivery to the designated location.
20. NOTICE TO BIDDERS – SPECIAL CONSTRUCTION REQUIREMENTS.
(a) During construction it will be necessary for the Contractor to maintain one-lane traffic for
extended periods of time. In no case shall the paved width for this one-lane traffic,
including shoulders, be reduced to less than 15 feet. This paved width shall remain free of
obstructions and obstacles at all times.
Topsham BF 031-1(13) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 8
(b) The Contractor shall position Portable Changeable Message Signs at locations determined
by the Engineer properly warning motorists of the roadway conditions ahead. As directed
by the Engineer, these locations may change during construction as needs arise based on
daily work activities. The message to be displayed shall be submitted to the Engineer in
advance for approval. The displayed message should accurately reflect what motorists can
expect to encounter through the project area. The cost of providing the Portable Changeable
Message Signs will be paid for under Contract item 641.1500 or 641.1700, as applicable.
The Contractor shall also install and maintain appropriate construction signing warning the
traveling public of the expected roadway surface conditions.
(c) Prior to final acceptance of the project, all drop inlets, bridge downspouts, and bridge joints
within the project limits shall be cleaned and all material within the drop inlets and bridge
joints shall be removed. All paved areas adjacent to curbs shall be swept and cleaned of all
extraneous material. Costs for this work will not be paid for directly but will be considered
incidental to all Contract items.
(d) There are special events throughout the year that may require close communication and
coordination between the Contractor and the municipality to reduce conflicts. The
municipality will advise the Engineer and Contractor of the specifics of each event and the
Engineer will direct the Contractor as to what actions, if any, will be necessary on the
Contractor’s part to minimize impacts to the event. Special events that may conflict with
Contractor operations are not limited to those which may be listed in this Notice to Bidders.
There will be no extra compensation paid to the Contractor for any inconvenience caused
by working around any listed or unlisted special events.
For more information about area special events, contact the following:
Karen Walker
Town Clerk and Treasurer
Town of Topsham
6 Harts Road
East Topsham, VT 05076
topshamvt@outlook.com
(802) 439-5505
21. NOTICE TO BIDDERS – AFAD. The Contractor is hereby notified that Automated Flagger
Assistance Devices (AFADs) are remotely operated devices that enable a certified flagger to be
positioned out of the lane of traffic and are used to control motorists through work zones.
AFADs shall only be used in situations where there is no more than one lane of approaching traffic
that needs to be controlled. Additionally, since AFADs are not traffic control signals, they shall
not be used to replace traffic signals or other continuously operating traffic control devices.
Topsham BF 031-1(13) Advertised October 21, 2026
Special Provisions Part I – Notices to Bidders Page 9
These devices may be used as a safety enhancement to flaggers on an hour-for-hour basis. AFADs
shall meet the following requirements:
(a) All AFAD applications shall meet the requirements of the applicable sections of the current
edition of the Manual on Uniform Traffic Control Devices (MUTCD).
(b) All AFAD applications shall be in accordance with NCHRP Report 350 or the MASH for
the applicable test level and device weight. Documentation of the crashworthiness of the
device shall be submitted to the Engineer for approval prior to use on the project.
(c) AFAD applications shall always be controlled by a flagger who has been trained in the
operation of the AFAD and who meets the requirements of Section 630. The flagger shall
not flag traffic and operate an AFAD at the same time.
(d) Should an AFAD malfunction or otherwise not function as intended they shall be replaced
by another AFAD or flagger(s) or work shall cease and the roadway shall be opened to
unrestricted traffic flow immediately.
(e) Each AFAD will be considered equivalent to one flagger and will be measured and paid
for on an hourly basis under Item 630.1500 Flaggers. One hour of AFAD use shall be paid
for as one hour of flagging.
(f) Flaggers will only be measured for payment when actually performing flagging duties.
Flaggers controlling AFADs but not actually flagging will not be measured for payment,
but will be considered incidental to the Contract lump sum price for Item 641.1000 Traffic
Control, or Item 641.1100 Traffic Control, All-Inclusive, as applicable.
(g) The use of AFADs may be suspended at the discretion of the Engineer.
22. NOTICE TO BIDDERS – SUBSECTION 101.02. Subsection 101.02 is hereby modified by
revising the definition of “Contract” to add the phrase “General Special Provisions” immediately
following the phrase “Standard Specifications”.
23. NOTICE TO BIDDERS – SUBSECTION 728.02. When material is supplied in accordance with
Subsection 728.02(b) or Subsection 728.02(e), material in accordance with AASHTO M 180-18 or
AASHTO M 180-23 may be substituted in place of material meeting AASHTO M 180-25.
State of Vermont Agency of Transportation
Highways- PDB Environmental Section
219 N. Main Street
Barre, VT 05641
Memorandum
To:
From:
Date:
Subject:
Project File
US Corps of Engineers (USCOE) General Permit Self Verification Memo
I have reviewed project for potential impacts to USCOE jurisdictional areas (wetlands
and waterways). I have determined the project qualifies for Self-Verification (SV) under the COE VT General
Permit NAE-2022-00024. All General Conditions (conditions 1-38 pages 27-38,) of the VTGP apply to this
project and a copy of the permit will need to be included in the contract documents. Respective Contractors
completing work authorized under this VTGP need to be familiar with all conditions of this permit. Please pay
particular attention to conditions 19 & 20 as there are important in-stream time of year restrictions and culvert
requirements under the SV process, as well as other special requirements. The VTGP is effective from
December 6, 2022, through December 6, 2027.
If the Contractor proposes modified or additional project limits, the project may no longer qualify for coverage
under the SV process. It is the Contractor’s responsibility to seek coverage of any project changes under the SV
process, VTGP, or with a USCOE Individual Permit. Please contact the USCOE at (802) 872-2893 for any
questions.
Attached
COE VT GP NAE 2022-00024
USCOE VT Project Office Contact:
U.S. Army Corps of Engineers
New England District,
Vermont Project Office
11 Lincoln Street, Room 210
Essex Junction, Vermont 05452
(802) 872-2893, (802) 879-7638 fax
www.nae.usace.army.mil/missions/regulatory
cenae-r-vt@usace.army.mil8/13/24Jessie Johnson, VTrans BiologistTOPSHAM BF 031-1(13)Topsham BF 031-1(13)
General Permit No.: NAE-2022-00024 Effective Date: December 6, 2022
Applicant: General Public in the State of Vermont Expiration Date: December 6, 2027
DEPARTMENT OF THE ARMY GENERAL PERMITS
FOR THE STATE OF VERMONT
The New England District of the U.S. Army Corps of Engineers (USACE) hereby issues
twenty-one (21) regional general permits (GPs) for activities subject to USACE jurisdiction
in waters of the United States (WOTUS), including navigable waters, within the boundaries
of the state of Vermont. These GPs are issued in accordance with USACE regulations at
33 CFR 320–332 (see 33 CFR 325.2(c)(1)). These GPs will provide protection to the
aquatic environment and the public interest while effectively authorizing activities that have
no more than minimal individual and cumulative adverse environmental effects.
This document contains the following sections: Page
SECTION I. JURISDICTION/AUTHORITY TO ISSUE PERMITS 2
SECTION II. REVIEW CATEGORIES AND APPLICATION PROCEDURES 2-4
SECTION III. GENERAL PERMITS 4-26
SECTION IV. GENERAL CONDITIONS 27-38
SECTION V. CONTACTS 39
SECTION VI. DEFINITIONS 40-44
In issuing these GPs, the Federal Government does not assume any liability for the
following: (a) damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes; (b) damages to the permitted project or
uses thereof as a result of current or future activities undertaken by or on behalf of the U.S.
in the public interest; (c) damages to persons, property or to other permitted or unpermitted
activities or structures caused by the activity authorized by any of the GPs; (d) design or
construction deficiencies associated with the permitted work; or (e) damage claims
associated with any future modification, suspension or revocation of these permits.
________________________________________ __December 6, 2022___________
Tammy R. Turley Date
Chief, Regulatory Division
2
SECTION I. JURISDICTION/AUTHORITY TO ISSUE PERMITS
1. A Department of the Army Permit is required from USACE for the following regulated
activities:
a. The construction of any structure in, over, or under any navigable water of the U.S.
(see 33 CFR 328), the excavating or dredging from or depositing of material in such waters,
or the accomplishment of any other work affecting the course, location, condition, or capacity
of such waters. The USACE regulates these activities under Section 10 of the Rivers and
Harbors Act of 1899 (see 33 CFR 322); and
b. The discharge of dredged or fill material and certain discharges associated with
excavation into WOTUS including wetlands. The USACE regulates these activities under
Section 404 of the Clean Water Act (see 33 CFR 323).
2. Related laws: 33 CFR 320.3 includes a list of related laws including, but not limited to,
Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408, “Section 408”), Section 401
of the Clean Water Act, Section 402 of the Clean Water Act, Section 307(c) of the Coastal
Zone Management Act of 1972, Section 106 of the National Historic Preservation Act of
1966, Section 7 of the Endangered Species Act, the Fish and Wildlife Coordination Act of
1956, the Magnuson-Stevens Fishery Conservation and Management Act, Section 302 of
the Marine Protection, Research and Sanctuaries Act of 1972, and Section 7(a) of the Wild
and Scenic Rivers Act.
3. In order for an authorization under these GPs to be valid, a Water Quality
Certification (WQC) under Section 401 of the CWA (33 USC 1341) or waiver thereof
must be obtained from the Vermont Agency of Natural Resources (VT ANR),
Watershed Management Division prior to the commencement of work in USACE
jurisdiction. The VT ANR has granted an Individual WQC for all activities authorized
under these GPs provided those activities meet the criteria as contained in these GPs
and USACE notifies VT ANR of projects obtaining written verification under these
GPs. The VT ANR will respond within the same response times required of the
Federal resource agencies.
SECTION II. REVIEW CATEGORIES AND APPLICATION PROCEDURES
1. In order for activities to qualify for these GPs, they shall meet the terms and conditions
of this document, including the eligibility criteria listed in Section III and the general
conditions (GCs) listed in Section IV. The USACE will consider any activity requiring USACE
authorization to be unauthorized if that activity is under construction or completed and does
not comply with all of the terms and conditions of the GPs. The USACE will evaluate
unauthorized activities for enforcement action under 33 CFR part 326. Any activity not
specifically listed may still be eligible for authorization under these GPs; prospective
permittees are advised to contact USACE for specific eligibility determinations.
2. Project proponents are encouraged to contact the USACE Vermont Project Office
(VPO) with questions at any time (mailing address: 11 Lincoln Street, Room 210, Essex
Junction, Vermont 05452; email: cenae-r-vt@usace.army.mil; phone: (802) 872-2893).
Pre-application meetings (see 33 CFR 325.1(b)), whether arranged by USACE or
requested by applicants, are encouraged to facilitate the review of projects. Pre-
application meetings and/or site visits can help streamline the permit process by alerting
the applicant to potentially time-consuming concerns that may arise during the evaluation
3
of a project (e.g., avoidance, minimization and compensatory mitigation requirements,
historic properties, and endangered species).
3. Federal and state jurisdiction may differ in some instances. Applicants are
responsible for applying for and obtaining all required federal, state or local approvals
(see GC 1). A permit from USACE may be required for specific activities regardless of
state of Vermont jurisdiction.
These GPs may also be used to authorize projects that are not regulated by the state
of Vermont.
4. How to Obtain/Apply for Authorization:
Project proponents must read each GP and the GCs to see if an activity is eligible for
authorization.
a. Self-Verification (SV):
May proceed without application or notification to USACE provided the project proponent
verifies that the activity will meet the terms and conditions of applicable GPs. Project
proponents shall comply with other federal laws such as the National Historic Preservation
Act (NHPA), the Endangered Species Act (ESA) and the Wild and Scenic Rivers Act
(WSRA). Consultation with outside experts, such as the State Historic Preservation Officer
(SHPO), federally-recognized tribes in the state of Vermont (Tribal Historic Preservation
Officers, or THPOs), National Park Service (NPS), and the U.S. Fish and Wildlife Service
(USFWS) listed in Appendix V may also be necessary. The USACE relies on the VT ANR
Environmental Notice Bulletin (ENB) for notification of SV projects, as applicable.
b. Pre-Construction Notification (PCN):
i. For activities that do not qualify for SV, the applicant must submit a PCN to obtain
written verification from USACE before starting work in USACE jurisdiction. Digital submissions
are encouraged and preferred and can be submitted directly to USACE staff by email, or at
cenae-r-vt@usace.army.mil. Applicants must submit at least the following information:
• A completed USACE application form (ENG Form 43451).
• Plans that illustrate the proposed work in reference to the limits of USACE
jurisdiction as applicable. Plans should show existing and proposed conditions
and contain all other appropriate information.
• Federal wetland delineation documentation (i.e., Wetland Determination Data
Forms).
• Any information on federally listed endangered and threatened species and
critical habitat that occur or may occur in the project area (See GC 12).
• Any correspondence with the SHPO and THPOs indicating coordination with
these entities to ensure compliance with GC 11. Applicants are encouraged to
submit a copy of their application materials to the SHPO and the THPOs, at the
1 Located at www.nae.usace.army.mil/regulatory under “Useful Documents, Forms and
Publications.”
4
same time, or before, they apply to USACE to be reviewed for the presence of
historic, archaeological or tribal resources in the permit area that the proposed
work may affect.
The USACE will coordinate review of all PCN activities with the interagency review team
(IRT) comprised of federal and state agencies and federally recognized tribes to ensure that
the proposed activity results in no more than a minimal impact to the aquatic environment.
This may require project modifications involving avoidance, minimization, and/or
compensatory mitigation for unavoidable impacts to ensure the net effects of a project are
minimal.
ii. Emergency Situations: Contact USACE immediately in the event of an emergency to
obtain information on the verification process and coordination requirements. The USACE
regulation at 33 CFR 325.2(e)(4) states that “an “emergency” is a situation which would result
in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen
and significant economic hardship if corrective action requiring a permit is not undertaken
within a time period less than the normal time needed to process the application under
standard procedures.” Emergency work is subject to the same terms and conditions of these
GPs as non-emergency work, and similarly, must qualify for authorization under these GPs;
otherwise, an individual permit (IP) shall be required. Upon notification, USACE will determine
if a project qualifies for emergency procedures under the GPs and whether work may proceed
prior to submittal of an application. Where an application is required, USACE staff will work
with all applicable agencies to expedite verification according to established procedures in
emergency situations.
5. Projects that are not authorized by these GPs require an IP (33 CFR 325.5(b)) and
project proponents must submit an application directly to USACE. These GPs do not affect
the USACE IP review process or activities exempt from USACE permit requirements. The
USACE retains discretionary authority on a case-by-case basis to elevate an SV to PCN or
an IP, or a PCN to an IP based on concerns for the aquatic environment or for any other
factor of the public interest (33 CFR 320.4(a)). Whenever USACE notifies an applicant that
a PCN or IP is required, no work in USACE jurisdiction may be conducted until USACE
issues the required authorization in writing indicating that work may proceed. For IPs, an
individual 401 WQC or waiver is required from the VT ANR. Contact the VT ANR for
procedures on how to apply for a WQC.
SECTION III. GENERAL PERMITS
An activity listed below may be authorized by these GPs only if that activity and the permittee
satisfy all of the GP’s terms and conditions. Any activity not specifically listed below may
still be eligible for the GPs; prospective permittees are advised to contact USACE for
specific eligibility determinations.
“Permanent impacts” means WOTUS that are permanently affected by filling, flooding,
excavation, drainage or clearing because of the regulated activity. Permanent impacts
include permanent discharges of dredged or fill material that change an aquatic area to dry
land, increase the bottom elevation of a waterbody, or change the use of a waterbody.
Temporary impacts include, but are not limited to, WOTUS that are temporarily filled,
flooded, excavated, drained or cleared because of the regulated activity. Temporary
5
impacts are usually associated with construction activities and often involve the placement
of cofferdams and construction mats. These fills are removed when construction is
completed. Pilings and associated structures do not ordinarily constitute a discharge of fill
material. Impacts resulting from activities eligible for exemptions under §404(f) of the CWA
are not considered when calculating the impact area.
Vermont General Permits
1. Aids to navigation
2. Repair or maintenance of existing currently serviceable, authorized or grandfathered
structures/fills and removal of structures and fills
3. Moorings
4. Pile-supported structures and floats, including boat lifts/hoists and other miscellaneous
structures, temporary recreational structures and work
5. Boat ramps and marine railways
6. Utility line activities
7. Dredging, beach nourishment, rock and debris removal and rock relocation
8. U.S. Coast Guard Approved Bridges
9. Shoreline and bank stabilization projects
10. Aquatic habitat restoration, establishment and enhancement activities
11. Fish and wildlife harvesting activities
12. Oil spill and hazardous material cleanup
13. Cleanup of hazardous and toxic waste
14. Scientific measurement devices
15. Survey activities
16. Energy generation and renewable energy generation facilities and hydropower projects
17. New/expanded developments and recreational facilities
18. Linear transportation projects and stream/wetland crossings
19. Mining activities
20. Temporary fill not associated with any other GP activities
21. Agricultural activities
GP 1. AIDS TO NAVIGATION (Section 10): The placement of aids to navigation and
regulatory markers that are approved by and installed in accordance with the requirements of
the U.S. Coast Guard (USCG). See 33 CFR 66, Chapter I, subc
- Enriched
- Yes
- Pdf Pages
- 185
- Vtrans Id
- C03296
- Categorized By
- llm
- Questions Due Raw
- 11/4/2026
Vermont Agency of TransportationIssuing agency·Vermont·via a public procurement portal