Attachment_D_-_WI_DNR_General_Permit.pdf

April 25, 2018 GP-NO-2018-51-T00779

USDA - Forest Service c/o Paul Strong 500 Hanson Lake Road Rhinelander, WI 54501

RE: Coverage under the wetland and waterway statewide general permit for municipalities to construct, reconstruct or maintain highways, bridges, arches and culverts, located in the Town of Fifield, Price County.

Dear Mr. Strong:

Thank you for submitting an application for coverage under the wetland and waterway statewide general permit for municipalities to construct, reconstruct or maintain highways, bridges, arches and culverts, 30.206.

Project Description Replacement of 12’ corrugated metal pipe arch culvert with a 20’ span x 10’ rise ConSpan structure on Squaw Creek.

Applicant Certification You have certified that your project meets the eligibility criteria and conditions for this activity.

Based upon your signed certification you may proceed with your project. Please carefully review the eligibility standards and permit conditions are attached to this letter. You are responsible for meeting all general permit eligibility standards and permit conditions.

The project must also be in conducted in accordance with the special provisions and plans submitted as part of your application.

Wetlands According to the project information submitted, no wetlands will be impacted as a result of this project. This permit does not authorize any wetland fill.

Endangered Resources The Natural Heritage Inventory (NHI)* review indicated the presence of wild rice (Zizania aquatica) upstream of the structure. Wild rice may be present within as close as 30 feet. Precautions should be taken as necessary to avoid any direct or indirect impacts to wild rice or wild rice habitat.

Inspections The Department conducts routine inspections and may follow up to inspect your project to verify compliance with state statutes and codes. If you decide to modify your project, please contact your local Department Transportation Liaison to discuss any proposed modifications.

State of Wisconsin

DEPARTMENT OF NATURAL RESOURCES

Northern Region Headquarters 107 Sutliff Avenue Rhinelander, WI 54501-3349

We are committed to service excellence.

Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

wisconsin.gov Printed on Recycled

Paper dnr.wi.gov

Scott Walker, Governor Cathy Stepp, Secretary

Telephone 608-266-2621 Toll Free 1-888-936-7463

TTY Access via relay - 711 http://dnr.wi.gov/customersurvey

Federal & Local Permitting The municipality is responsible for obtaining any local, state or federal permits that may be required before starting your project.

If you have any questions regarding the contents of this letter, please call me at (715) 365-8916 or email wendy.henniges@wisconsin.gov.

Sincerely, Wendy Henniges WDNR Transportation Liaison cc: Jim Mineau, USFS Jonathon Bakken, U.S. Army Corps of Engineers Tony Baciak, U.P. Engineers & Architects, Inc.

Karren Balzar, Chairman, Town of Fifield

Attachments: WDNR-GP2-2017 Eligibility Standards & Permit Conditions

WDNR-GP2-2012 Eligibility Standards Local Roads, Bridges, Arches, Culverts

1. The applicant has contacted the local WDNR Transportation Liaison during the development of the project to have a pre-application discussion. Go to dnr.wi.gov, key word “transportation” for more information.

2. A municipality is the applicant and the project purpose is a public transportation project to construct, reconstruct or maintain a highway, bridge, arch or culvert associated with a single and complete project. Projects that are administered (or “let”) by WisDOT are not eligible for this general permit.

3. If the project includes a bridge, arch or culvert that is greater than 36” in diameter, the applicant has made a reasonable effort to coordinate with the County Highway Commissioner or a professional engineer that is a designated agent for the municipality.

4. Structures over lake outlets and lake systems are not eligible for this permit.

5. A structure that is regulated under Chapter 31 is not eligible for this permit.

6. A structure that is installed with the intent to back up water is not eligible for a general permit.

7. The proposed road stream crossing has water passing characteristics at least as effective as the existing road grade and structure.

8. Projects that include a new crossing of a navigable waterway where there previously was no structure are not eligible for this general permit.

9. Projects that may impact tribal lands or rights, including potential impacts to water systems supporting wild rice, may require additional coordination. Please contact the DNR Transportation Liaison as soon as possible to begin coordination.

10. This general permit does not authorize any permanent change in the course of a navigable stream, or removal of material from the bed of any waterway, except for what is necessary to place the structure.

11. Minor dredging (less than 25 cubic yards) within the right-of-way (ROW) for road maintenance may be approvable under this general permit, provided best management practices (BMPs) are used to comply with water quality standards.

12. The proposed project avoids and minimizes wetland impacts to the greatest extent practicable, in accordance with Wis. Admin. Code NR 103.

13. The project shall not impact more than 10,000 square feet (0.23 acre) of wetland or waterway for a single and complete project.

14. The discharge will cause only minimal adverse environmental impacts.

15. Project will not result in a deleterious impact to any publicly owned trails or property.

16. Project activities will not take place in or result in adverse impacts to Great Lakes ridge and swale complexes, interdunal wetlands, coastal plain marshes, southern sphagnum bogs that are located in the area located south of a horizontal line drawn across the state based on the routes of STH 16 and STH 21 west of Lake Winnebago and on USH 151 east of Lake Winnebago, boreal rich fens, or calcareous fens.

17. The top surface elevation of the road will not be raised higher than pre-flood conditions without sufficient analysis and shall conform to the requirements of Wis. Admin. Code ch.NR 116 Wisconsin’s Floodplain Management Program and local floodplain ordinance.

18. Rip rap used to stabilize a road will comply with best management practices and technical erosion control standards.

19. Minor stormsewer outfalls within the road right-of-way may be permitted under this general permit, provided that the structure will have minimal impacts to the waterway or wetland and BMPs are used in design and placement of the structure.

20. Ditch maintenance may be permitted under this general permit provided that the dimensions of the ditch are not being altered and best management practices (BMPs) are used to comply with water quality standards.

21. Flood Resiliency – Structures over navigable waterways must be sized and set at an elevation so that water depths, widths and velocities at the inlet and outlet match the natural stream channel. Invert elevations of culverts will be determined by surveying the stream upstream and downstream and setting the culvert below the natural flow line.

22. The project shall not result in a material obstruction to navigation, and must allow for portage to anyone legally navigating the waterway. All bridges and culverts shall either maintain a clearance of not less than 5 feet above the ordinary high water mark (OHWM), or comply with requirements of Wis. Admin. Code NR 320.04(3).

23. To minimize adverse impacts on fish movement, fish spawning, and egg incubation periods, work in the waterway may not take place during the following periods, unless modified by the Transportation Liaison, who will coordinate with the DNR Fisheries Biologist:

• September 15th through May 15th for all trout streams and upstream to the first dam or barrier on the Root River (Racine County), the Kewaunee River (Kewaunee County), and Strawberry Creek (Door County).

• March 1st through June 15th for ALL other waters.

24. For projects located in an area that is known for wildlife movement or migration, the applicant has coordinated with the Transportation Liaison to use BMP’s to provide habitat connectivity in the design and construction of the project.

WDNR-GP2-2017 Permit Conditions – Local Roads, Bridges, Arches, Culverts

You agree to comply with the following conditions:

1. Application. You shall submit a complete application package to the Department as outlined in Section 2 of this permit. If requested, you shall furnish the Department, within a reasonable timeframe, any information the department needs to verify compliance with the terms and conditions of this permit.

2. Certification. Acceptance of general permit WDNR-GP2-2017 and efforts to begin work on the activities authorized by this general permit signifies that you have certified the project meets all eligibility standards outlined in Section 1 of this permit and that you have read, understood and have agreed to follow all terms and conditions of this general permit.

3. Project Plans. This permit does not authorize any work other than what is specifically described in the notification package and plans submitted to the Department and you certified is in compliance with the terms and conditions of WDNR-GP2-2017.

4. Reliance on Applicant’s Data. The determination by this office that a confirmation of authorization is not contrary to wetland water quality standards will be based upon the information provided by the applicant and any other information required by the DNR.

5. Expiration. This WDNR-GP2-2017 is valid for a period of 5 years from the date of issuance. Any activity that the department determines is authorized by WDNR-GP2- 2017 remains authorized under WDNR-GP2-2017 for a period of 5 years from the date of the department’s determination or until the activity is completed, whichever occurs first, regardless of whether WDNR-GP2-2017 expired before the activity is completed.

6. Project Start. You must notify the department before starting the project and again not more than 5 days after the project is completed.

7. Permit Posting. You must post a copy of this permit at a conspicuous location on the project site for at least 5 days prior to the project starting, and the copy must remain posted on the project site at least five days after the project is complete. You must also have a copy of the permit and approved plan available at the project site at all times until the project is complete.

8. Permit Compliance. The department may modify or revoke coverage of this permit if it is not constructed in compliance with the terms and conditions of this permit, or if the department determines the project will be detrimental to the public interest or water quality standards. Any act of noncompliance with this permit constitutes a permit violation and is grounds for enforcement action. Additionally, if any conditions of this permit are found to be invalid or unenforceable, authorization for all activities to which that condition applies is denied.

9. Construction Timing. Once waterway work below the OHWM commences, all construction activities in those waterways must be continuous until the work is completed and the site is stabilized. Once wetland work commences, all construction activities in those wetlands must be continuous to the extent practicable. During periods of inactivity in wetlands, the site must be made stable until the work is resumed and completed.

10. Construction. No other portion of the wetland or waterway may be disturbed beyond the area designated in the submitted plans.

11. Project Completion. Within one week of project completion you shall submit to the DNR Transportation Liaison a statement certifying project is in compliance with all the terms and conditions of this permit and photographs of the activities authorized by this permit.

12. Proper Maintenance. You must maintain the activity authorized by WDNR-GP2-2017 in good condition and in conformance with the terms and conditions of this permit, and must avoid additional impacts to waterways and wetlands. Remove accumulated brush, debris or other obstructions that are trapped in or underneath the structure regularly.

13. Site Access. Upon reasonable notice, you shall allow access to privately owned area of the site to any department employee who is investigating the project’s construction, operation, maintenance or permit compliance the terms and conditions of WDNR-GP2- 2017 and applicable laws.

14. Erosion and Sediment Control Practices. The project site must implement erosion and sediment control measures that adequately control or prevent erosion, and prevent damage to waterways and wetlands as outlined in Wis. Admin. Code s. NR 151.11(6m).

These standards can be found at the following website:

http://dnr.wi.gov/topic/Stormwater/standards/const_standards.html. Any area where topsoil is exposed during the project should be immediately seeded and mulched to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway.

Note: If the project includes any grading, excavation or land-disturbance activity in excess of one acre, you may also need to receive coverage under a Construction Site Stormwater Permit in addition to this permit. Contact the DNR Transportation Liaison to determine the need for additional review.

15. Bats. There are four species of bats listed as Threatened in Wisconsin including one species that is Federally Threatened. As a result, bridge work shallow follow the protocols listed in the Broad Incidental Take Permit and Authorization for Wisconsin Cave Bats.

16. Swallows. Swallows may nest under bridges. Nesting swallows are protected under the

Migratory Bird Treaty Act. The nesting season for swallows has been established as April 20 through August 30. The need for a US Fish and Wildlife Service depredation permit may be avoided by removing the existing bridge superstructure prior to nest occupation by swallows, and clearing the nests from and installing a suitable netting device on the remaining existing superstructure prior to nesting activity to prevent the swallows from nesting.

17. Contaminated Sites. The department provides an on-line database of contaminated sites, called the Contaminated Lands Environmental Action Network (CLEAN). You must check the site to see if a hazardous substance release has been reported in your http://dnr.wi.gov/topic/Stormwater/standards/const_standards.html http://dnr.wi.gov/topic/stormwater/construction/ http://dnr.wi.gov/topic/stormwater/construction/ http://dnr.wi.gov/topic/Sectors/documents/transportation/Liaisons.pdf http://dnr.wi.gov/topic/ERReview/Documents/BatConservationPlan.pdf http://dnr.wi.gov/topic/ERReview/Documents/BatConservationPlan.pdf http://dnr.wi.gov/topic/Brownfields/WRRD.html project area, and if there has been a release, contact DNR before submitting your application for WDNR-GP2-2017.

18. Asbestos. Any bridge or culvert that is not wood, metal, glass or fiberglass may contain asbestos. DNR must be notified by the Asbestos removal and notification forms 10 days before the demolition of any existing structure, which may contain asbestos.

19. Hazardous Sites. You must determine if there are any Environmental Repair and Solid

Waste disposal sites may be within the project boundaries by checking the Historic Registry of Waste Disposal Sites. You must check the site to see if a hazardous substance release has been reported in your project area, and if there has been a release, contact DNR before submitting your application for WDNR-GP2-2017.

20. Invasive Species. To stop the spread of invasive species and viruses from one navigable waterway to another navigable waterway, all equipment or portions of equipment used for constructing, operating, or maintaining the project, including tracked vehicles, barges, boats, silt or turbidity curtains, hoses, sheet piles, and pumps, must be decontaminated for invasive species and viruses before and after use or prior to use within another navigable waterway. Follow the most recent department approved washing and disinfection protocols and Department approved best management practices to avoid the spread of invasive species as outlined in Wis. Admin. Code NR

40. These protocols and practices can be found on the department website at http://dnr.wi.gov/topic/Invasives/bmp.html Keyword: “equipment operator” or “invasive bmp” and at http://dnr.wi.gov/topic/Invasives/documents/EquipOper.pdf

21. Wetland protection. You shall not store any vegetation, material, or equipment in wetlands. The project will be constructed in a manner that will maintain wetland hydrology in the remaining wetland complex.

22. Temporary fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation and vegetated.

23. Federal and State Threatened and Endangered Species. WDNR-GP2-2017 does not affect the DNR’s responsibility to insure that all authorizations comply with Wisconsin’s Endangered Species Law (s. 29.604 Wis. Stats) and Section 7 of the Federal Endangered Species Act. No DNR authorization under this permit will be granted for projects found not to comply with these laws/Acts. In order to be in compliance, documentation is required showing Endangered Resources (ER) concerns have been addressed. Please note: Documents associated with Endangered Resources are valid one year from the date they are prepared. Documentation options include:

a. An ER Review Verification Form showing that the project is covered by the Broad

Incidental Take Permit for no/low impact activities and therefore does not require a review.

b. An ER Preliminary Assessment from the NHI Public Portal stating that no further actions are necessary or that further actions are recommended. The NHI Public Portal is located here: http://dnr.wi.gov/topic/ERReview/PublicPortal.html.

c. If the ER Preliminary Assessment from the NHI Public Portal shows that “Further actions are required” then submit one of the following:

http://dnr.wi.gov/topic/Demo/Asbestos.html http://dnr.wi.gov/topic/Landfills/registry.html http://dnr.wi.gov/topic/Landfills/registry.html http://dnr.wi.gov/topic/Invasives/bmp.html http://dnr.wi.gov/topic/Invasives/documents/EquipOper.pdf http://dnr.wi.gov/topic/erreview/ http://dnr.wi.gov/files/PDF/forms/1700/1700-079.pdf http://dnr.wi.gov/topic/ERReview/ITNoLowImpact.html http://dnr.wi.gov/topic/ERReview/ITNoLowImpact.html http://dnr.wi.gov/topic/ERReview/PublicPortal.html

i. A DNR ER Review letter. The request form for an ER Review letter is located here: http://dnr.wi.gov/files/PDF/forms/1700/1700-047fillable.pdf.

ii. A Certified ER Review letter. The list of Certified Reviewers is available here:

http://dnr.wi.gov/topic/ERReview/Documents/CertifiedReviewers.pdf.

24. Special Concern Species. If the Wisconsin National Heritage Inventory lists a known special concern species to be present in the project area you will take reasonable activities to prevent significant adverse impacts and/or to enhance the habitat for the species of concern.

25. Historic Properties and Cultural Resources. WDNR-GP2-2017 does not affect the

DNR’s responsibility to ensure that all authorizations comply with Section 106 of the National Historic Preservation Act and Wis. Stats. s. 44.40. No department authorization under this permit will be granted for projects found not to comply with these laws. The project must avoid impacts to archaeological sites or historic structures and is subject to departmental and Wisconsin Historical Society review and approval before authorization under this general permit is valid. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places. If cultural, archaeological, or historical resources are unearthed during activities authorized under this permit, work must be stopped immediately and the State Historic Preservation Officer must be contacted for further instruction.

26. Preventive Measures. Measures must be adopted to prevent potential pollutants from entering a wetland or waterbody. Construction materials and debris, including fuels, oil, and other liquid substances, may not be stored in the construction work area in a manner that would allow them to enter a wetland or waterbody as a result of spillage, natural runoff, or flooding. In addition, if feasible, biodegradable hydraulic fluid should be used in equipment that is operated below the Ordinary High Water Mark. If a spill of any potential hazardous substance should occur, it is the responsibility of the permittee to remove such material, minimize any contamination resulting from this spill, and immediately notify the State Duty Officer at 1-800-943-0003.

27. Suitable Fill Material. All fill authorized under this permit shall be free from hazardous substances as defined by Wis. Stats. §. 289.01(11), free from solid waste as defined by Wis. Stats § 289.01(11) and (33), and must consist of clean, suitable soil as defined by Wis. Admin. Code NR 500.03(214). Fill to create public road bed may consist of rock, gravel and sand, where appropriate.

28. Standards for Coverage. Wetland impacts from the project will cause only minimal adverse environmental impacts as determined by the department.

29. Transfers. Coverage under this permit is not transferable to any person or entity unless the project has already been completed at the time of transfer.

http://dnr.wi.gov/files/PDF/forms/1700/1700-047fillable.pdf http://dnr.wi.gov/topic/ERReview/Documents/CertifiedReviewers.pdf