3. HMGP Lake Shure bridge Phase 2 agreements

• The sub-applicant must comply with all Nationwide Permits (NP) requirements, including permit conditions, wetland mitigation requirements, pre-construction notification (PCN) requirements and regional conditions as provided by the US Army Corps of Engineers (USACE). The applicant is responsible for implementing, monitoring, and maintaining all Best Management Practices(BMPs)and Pre-Construction Notifications(PCN)conditions of applicable Nationwide Permits (NP). If the applicant is unable to meet the criteria of the NPs,than additional consultation with the USACE is required. • Due to project location in the floodway,the applicant must provide a no rise certificate. If it is determined that a rise will occur,then the applicant is required to complete a CLOMR and LOMR. Prior to construction,the applicant must coordinate with the Cass County floodplain administrator and obtain any required floodplain development permits of the respective community where the action is proposed. All required permits should be maintained as part of the permanent record. • If Whooping Cranes are sighted within one mile of the construction area, construction must cease until the birds have migrated or otherwise left the area. • Gravel and other fill material must be obtained from a NDDOT, THPO, or State Historic Preservation Office (SHPO) approved source. If the contractor chooses to use a borrow source that has not been NDDOT certified and/or from an existing stockpile, the following must occur prior to excavation 1. The applicant shall notify FEMA, THPO, and/or SHPO (as appropriate) of the proposed action and provide required archeological surveys to FEMA for review and approval,and acceptance by the THPO and/or SHPO. 2. The applicant shall notify the FEMA Regional Environmental Officer if any listed species or designated critical habitat might be affected or is in the vicinity of this project, and shall not begin work until notified by the FEMA Regional Environmental Office that the requirements of the Endangered Species Act have been satisfied. 3. Applicant is required to coordinate borrow pit locations with the US Fish and Wildlife Service (USFWS) Wetland District Manager to avoid project impacts to easements or public lands. Project Officers have notified the Applicant of the requirement of proof of coordination and documentation. 4. Applicant is responsible for ensuring that no borrow pit activity occurs in Waters of the United States, wetlands, or a river listed on the Nationwide Rivers Inventory (NRI). Borrow pit activity occurring in a floodplain must not affect pre-existing Hydrological profiles.If activities occur in prime farmland,ground disturbance must be temporary,one time use,and no permanent loss of farmland may occur. • The sub-applicant must follow the ND Game and Fish Department regulations outlined in the letter dated 3/17/14 regarding Aquatic Nuisance Species(ANS). • Disturbed areas should be re-seeded with a native grass mixture. • In order to minimize impacts to the adjacent wetlands, appropriate erosion and sediment control measures must be installed to control the discharge of pollutants from the construction site. 18