2f-PMWSP EGLE Permit WRP021096.pdf

This notice must be displayed at the site of work.

Laminating this notice or utilizing sheet protectors is recommended.

Please refer to the above permit number with any questions or concerns.

NOTICE OF AUTHORIZATION

Permit Number: WRP021096 v. 1 Date Issued: February 25, 2020 Site Name: 66-Porcupine Mountains Wilderness State Park HQ Culvert Expiration Date: February 25, 2025

The Michigan Department of Environment, Great Lakes, and Energy (EGLE), Water Resources Division, P.O. Box 30458, Lansing, Michigan 48909-7958, under provisions of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended; specifically:

Part 31, Floodplain Regulatory Authority of the Water Resources Protection.

Part 301, Inland Lakes and Streams.

Part 303, Wetlands Protection.

Part 315, Dam Safety.

Part 323, Shorelands Protection and Management.

Part 325, Great Lakes Submerged Lands.

Part 353, Sand Dunes Protection and Management.

Authorized activity:

Excavate and remove an existing 4-foot diameter by 120-foot-long culvert and associated fill from Jamison Creek along Headquarters Road at Porcupine Mountain State park. Install a new 7-foot diameter by 120-foot-long culvert and approximately 80 cubic yards of clean backfill at this same location.

Rip rap shall be placed over geotextile fabric along both slopes and around each culvert end.

Rip rap shall be placed such that it does not interfere with stream flows into or out of the culvert.

Culvert shall be recessed 14 inches into stream bed.

All work shall be completed in accordance with the plans and the terms and conditions of this permit.

To be conducted at property located in: Ontonagon County, Waterbody: Jamison Creek Section 15, Town 51N, Range 42W, Carp Lake Township

Permittee:

Eric Cadeau, Michigan Department of Natural Resources

427 US HIGHWAY 41 N

BARAGA, MI 49908

James Caron Marquette District Office Water Resources Division 906-875-2071

MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

WATER RESOURCES DIVISION

PERMIT

Issued To:

Eric Cadeau, Michigan Department of Natural Resources

427 US HIGHWAY 41 N

BARAGA, MI 49908

Permit No: WRP021096 v.1 Submission No.: HNW-4HZP-3ACWA Site Name: 66-Porcupine Mountains Wilderness State Park HQ Culvert Issued: February 25, 2020 Revised:

Expires: February 25, 2025

This permit is being issued by the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Water Resources Division, under the provisions of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA); specifically:

X Part 301, Inland Lakes and Streams Part 323, Shorelands Protection and Management Part 303, Wetlands Protection Part 325, Great Lakes Submerged Lands Part 315, Dam Safety Part 353, Sand Dunes Protection and Management Part 31, Water Resources Protection (Floodplain Regulatory Authority)

Permission is hereby granted, based on permittee assurance of adherence to State of Michigan requirements and permit conditions, to:

Authorized Activity:

Excavate and remove an existing 4-foot diameter by 120-foot-long culvert and associated fill from Jamison Creek along Headquarters Road at Porcupine Mountain State park. Install a new 7-foot diameter by 120-foot-long culvert and approximately 80 cubic yards of clean backfill at this same location.

Rip rap shall be placed over geotextile fabric along both slopes and around each culvert end.

Rip rap shall be placed such that it does not interfere with stream flows into or out of the culvert.

Culvert shall be recessed 14 inches into stream bed.

All work shall be completed in accordance with the plans and the terms and conditions of this permit.

Waterbody Affected: Jamison Creek Property Location: Ontonagon County, Carp Lake Township, Town/Range/Section 51N42W15

Eric Cadeau, Department of Natural Resources 2 WRP021096 v.1

Authority granted by this permit is subject to the following limitations:

A. Initiation of any work on the permitted project confirms the permittee's acceptance and agreement to comply with all terms and conditions of this permit.

B. The permittee, in exercising the authority granted by this permit, shall not cause unlawful pollution as defined by Part 31 of the NREPA.

C. This permit shall be kept at the site of the work and available for inspection at all times during the duration of the project or until its date of expiration.

D. All work shall be completed in accordance with the approved plans and specifications submitted with the application and/or plans and specifications attached to this permit.

E. No attempt shall be made by the permittee to forbid the full and free use by the public of public waters at or adjacent to the structure or work approved.

F. It is made a requirement of this permit that the permittee give notice to public utilities in accordance with

2013 PA 174 (Act 174) and comply with each of the requirements of Act 174.

G. This permit does not convey property rights in either real estate or material, nor does it authorize any injury to private property or invasion of public or private rights, nor does it waive the necessity of seeking federal assent, all local permits, or complying with other state statutes.

H. This permit does not prejudice or limit the right of a riparian owner or other person to institute proceedings in any circuit court of this state when necessary to protect his rights.

I. Permittee shall notify EGLE within one week after the completion of the activity authorized by this permit by completing and forwarding the attached preaddressed postcard to the office addressed thereon.

J. This permit shall not be assigned or transferred without the written approval of EGLE.

K. Failure to comply with conditions of this permit may subject the permittee to revocation of permit and criminal and/or civil action as cited by the specific state act, federal act, and/or rule under which this permit is granted.

L. All dredged or excavated materials shall be disposed of in an upland site (outside of floodplains, unless exempt under Part 31 of the NREPA, and wetlands).

M. In issuing this permit, EGLE has relied on the information and data that the permittee has provided in connection with the submitted application for permit. If, subsequent to the issuance of a permit, such information and data prove to be false, incomplete, or inaccurate, EGLE may modify, revoke, or suspend the permit, in whole or in part, in accordance with the new information.

N. The permittee shall indemnify and hold harmless the State of Michigan and its departments, agencies, officials, employees, agents, and representatives for any and all claims or causes of action arising from acts or omissions of the permittee, or employees, agents, or representative of the permittee, undertaken in connection with this permit. The permittee's obligation to indemnify the State of Michigan applies only if the state: (1) provides the permittee or its designated representative written notice of the claim or cause of action within 30 days after it is received by the state, and (2) consents to the permittee's participation in the proceeding on the claim or cause of action. It does not apply to contested case proceedings under the Administrative Procedures Act, 1969 PA 306, as amended, challenging the permit. This permit shall not be construed as an indemnity by the State of Michigan for the benefit of the permittee or any other person.

O. Noncompliance with these terms and conditions and/or the initiation of other regulated activities not specifically authorized shall be cause for the modification, suspension, or revocation of this permit, in whole or in part. Further, EGLE may initiate criminal and/or civil proceedings as may be deemed necessary to correct project deficiencies, protect natural resource values, and secure compliance with statutes.

P. If any change or deviation from the permitted activity becomes necessary, the permittee shall request, in writing, a revision of the permitted activity from EGLE. Such revision request shall include complete documentation supporting the modification and revised plans detailing the proposed modification.

Proposed modifications must be approved, in writing, by EGLE prior to being implemented.

Q. This permit may be transferred to another person upon written approval of EGLE. The permittee must submit a written request to EGLE to transfer the permit to the new owner. The new owner must also submit a written request to EGLE to accept transfer. The new owner must agree, in writing, to accept all conditions of the permit. A single letter signed by both parties that includes all the above information may be provided to EGLE. EGLE will review the request and, if approved, will provide written notification to the new owner.

Eric Cadeau, Department of Natural Resources 3 WRP021096 v.1

R. Prior to initiating permitted construction, the permittee is required to provide a copy of the permit to the contractor(s) for review. The property owner, contractor(s), and any agent involved in exercising the permit are held responsible to ensure that the project is constructed in accordance with all drawings and specifications. The contractor is required to provide a copy of the permit to all subcontractors doing work authorized by the permit.

S. Construction must be undertaken and completed during the dry period of the wetland. If the area does not dry out, construction shall be done on equipment mats to prevent compaction of the soil.

T. Authority granted by this permit does not waive permit requirements under Part 91, Soil Erosion and Sedimentation Control, of the NREPA, or the need to acquire applicable permits from the County Enforcing Agent (CEA).

U. Authority granted by this permit does not waive permit requirements under the authority of Part 305, Natural Rivers, of the NREPA. A Natural Rivers Zoning Permit may be required for construction, land alteration, streambank stabilization, or vegetation removal along or near a natural river.

V. The permittee is cautioned that grade changes resulting in increased runoff onto adjacent property is subject to civil damage litigation.

W. Unless specifically stated in this permit, construction pads, haul roads, temporary structures, or other structural appurtenances to be placed in a wetland or on bottomland of the water body are not authorized and shall not be constructed unless authorized by a separate permit or permit revision granted in accordance with the applicable law.

X. For projects with potential impacts to fish spawning or migration, no work shall occur within fish spawning or migration timelines (i.e., windows) unless otherwise approved in writing by the Michigan Department of Natural Resources, Fisheries Division.

Y. Work to be done under authority of this permit is further subject to the following special instructions and specifications:

1. Authority granted by this permit does not waive permit or program requirements under Part 91 of the

NREPA or the need to acquire applicable permits from the CEA. To locate the Soil Erosion Program Administrator for your county, visit www.mi.gov/eglestormwater and select "Soil Erosion and Sedimentation Control Program" under "Related Links."

2. The authority to conduct the activity as authorized by this permit is granted solely under the provisions of the governing act as identified above. This permit does not convey, provide, or otherwise imply approval of any other governing act, ordinance, or regulation, nor does it waive the permittee's obligation to acquire any local, county, state, or federal approval or authorization necessary to conduct the activity.

3. No fill, excess soil, or other material shall be placed in any wetland, floodplain, or surface water area not specifically authorized by this permit, its plans, and specifications.

4. This permit does not authorize or sanction work that has been completed in violation of applicable federal, state, or local statutes.

5. The permit placard shall be kept posted at the work site in a prominent location at all times for the duration of the project or until permit expiration.

6. This permit is being issued for the maximum time allowed and no extensions of this permit will be granted. Initiation of the construction work authorized by this permit indicates the permittee's acceptance of this condition. The permit, when signed by EGLE, will be for a five-year period beginning on the date of issuance. If the project is not completed by the expiration date, a new permit must be sought.

Prior to the initiation of any permitted construction activities, a sedimentation barrier shall be constructed immediately down gradient of the construction site. Sedimentation barriers shall be specifically designed to handle the sediment type, load, water depth, and flow conditions of each construction site throughout the anticipated time of construction and unstable site conditions. The sedimentation barrier shall be maintained in good working order throughout the duration of the project. Upon project completion, the accumulated materials shall be removed and disposed of at an upland (non-wetland, non-floodplain) site and stabilized with seed and www.mi.gov/eglestormwater

Eric Cadeau, Department of Natural Resources 4 WRP021096 v.1 mulch. The sedimentation barrier shall then be removed in its entirety and the area restored to its original configuration and cover.

All raw areas in uplands resulting from the permitted construction activity shall be effectively stabilized with sod and/or seed and mulch (or other technology specified by this permit or project plans) in a sufficient quantity and manner to prevent erosion and any potential siltation to surface waters or wetlands. Temporary stabilization measures shall be installed before or upon commencement of the permitted activity and shall be maintained until permanent measures are in place. Permanent measures shall be in place within five (5) days of achieving final grade.

All excess dredge/excavated spoils including organic and inorganic soils, vegetation, and other material removed shall be placed on upland (non-wetland, non-floodplain or non-bottomland), prepared for stabilization, and stabilized with sod and/or seed and mulch in such a manner to prevent and ensure against erosion of any material into any waterbody, wetland, or floodplain.

All fill/backfill shall consist of clean inert material that will not cause siltation nor contain soluble chemicals, organic matter, pollutants, or contaminants. All fill shall be contained in such a manner so as not to erode into any surface water, floodplain, or wetland. All raw areas associated with the permitted activity shall be stabilized with sod and/or seed and mulch, riprap, or other technically effective methods as necessary to prevent erosion.

All riprap shall be properly sized and graded based on wave action and velocity and shall consist of natural field stone or rock (free of paint, soil or other fines, asphalt, soluble chemicals, or organic material). Broken concrete is not allowed.

The existing structure shall be kept open to pass the stream flow during removal of the existing road fill.

The placement of the new culvert and the initial placement of fill in the stream shall be done immediately after removal of the existing culvert. The placement shall be conducted in such a manner that all flow is immediately passed through the new culvert, allowing the major placement of fill to be done in the dry or in still water where erosion and siltation will be minimized. The fill material used in this initial placement shall be washed gravel, coarse aggregate, or rock and shall be placed at both ends of the culvert to a level above normal water level before backfill material is placed.

The culvert shall be installed to align with the center line of the existing stream at both the inlet and outlet ends and must be buried below the stream bed to provide a natural channel substrate through the structure as shown on the approved plans.

Road fill side slopes shall not be steeper than 1-on-2 (1 vertical to 2 horizontal) except where headwalls of reinforced concrete, mortar masonry, dry masonry, or other acceptable methods are used.

Road fill side slopes terminating in the stream and any raw streambanks resulting from the construction shall be stabilized with temporary measures in accordance with appropriate Best Management Practices based on site conditions, and if necessary, may be riprapped extending above the ordinary high water mark, before or upon commencement of the permitted activity. Temporary stabilization measures shall be maintained until permanent measures are in place.

All other road fill slopes, ditches, and other raw areas draining directly to the stream may be protected with riprap, sod and/or seed and mulch as may be necessary to provide effective erosion protection. The placement of riprap shall be limited to the minimum necessary to ensure proper stabilization of the side slopes and fill in the immediate vicinity of the structure.

Eric Cadeau, Department of Natural Resources 5 WRP021096 v.1

If the project, or any portion of the project, is stopped and lies incomplete for any length of time other than that encountered in a normal work week, every precaution shall be taken to protect the incomplete work from erosion, including the placement of temporary gravel bag riprap, temporary seed and mulch, or other acceptable temporary protection.

No work shall be done in the stream during periods of above-normal flows except as necessary to prevent erosion.

Issued By:

James Caron Marquette District Office Water Resources Division 906-875-2071 cc: Carp Lake Township Clerk Ontonagon County Drain Commissioner Ontonagon County CEA, Part 91

Cadeaue Polygon

Cadeaue Polygon

Cadeaue Text Box Plan view - Porcupine Mountains Wilderness State Park - HQ and Visitor Center culvert

Cadeaue Callout Remove existing 4' diameter x 120' long culvert, replace with 7' diameter x 120' long culvert

Cadeaue Callout Excavate 958 Cyd of material and existing 4' diameter x 120' long culvert, place proposed 7' diameter x 120' long culvert and fill 958 Cyd of either salvaged material or commercial fill material

Cadeaue Polygonal Line

Cadeaue Polygonal Line

Cadeaue Callout Install silt fence around perimeter of excavation prior to earth disturbing activities

Cadeaue Line

Cadeaue Line

Cadeaue Text Box Visitor Center located 300' to NW

Cadeaue Callout Culvert location

Cadeaue Callout South Boundary Road

Cadeaue Callout Ontonagon County Road 107 or 107th Engineers Memorial Highway

Cadeaue Callout Headquarters Road

Cadeaue Callout Porcupine Mountains Wilderness State Park - Visitor Center

Cadeaue Callout Porcupine Mountains Wilderness State Park - Headquarters

Cadeaue Text Box Project location map - Porcupine Mountains - HQ and Visitor Center culvert

1504 WEST WASHINGTON STREET • MARQUETTE, MICHIGAN 49855

Michigan.gov/EGLE • 906-228-4853

STATE OF MICHIGAN

DEPARTMENT OF

ENVIRONMENT, GREAT LAKES, AND ENERGY

MARQUETTE DISTRICT OFFICE

May 12, 2020

VIA E-MAIL

Mr. Eric Cadeau, Michigan Department of Natural Resources 427 U.S. Highway 41 North Baraga, Michigan 49908

Dear Mr. Cadeau:

SUBJECT: Michigan Department of Environment, Great Lakes, and Energy (EGLE) WRP021096 v1.1 T51N, R42W, Section 15, Ontonagon County

We’ve received your submission requesting a minor revision for work authorized by EGLE Permit Number WRP021096.

This letter authorizes revision of your EGLE Permit Number WRP021096 to construct a diversion of Jamison Creek so the new culvert can be installed under dry conditions. The diversion will include placement of sandbags on both up- and downstream sides of the existing crossing followed by excavation to create a channel 10 lineal feet by 4 feet wide by 2 feet deep from the stream to the diversion culvert on the upstream side, and 20 lineal feet by 4 by 2 feet on the downstream side. The temporary culvert shall be 120 feet by 3 feet in diameter.

Upon completion of the installation of the new culvert, all temporary excavations shall be backfilled to original grade and all exposed soils stabilized with seed and mulch.

You are reminded that all conditions as set forth in the original permit remain in full force. This letter must be attached to your permit and kept at the site of the work, available for inspection at all times during the duration of the project or until the date of expiration. This revision does not obviate the need for other federal, state, and/or local permits as may be required by law.

If you have any questions regarding this letter, please contact me at the number listed below; or via e-mail at caronj@michigan.gov; or EGLE Water Resources Division, Marquette District Office, 1504 West Washington Street, Marquette, Michigan 49855. Please include your permit number, WRP021096, in your response.

Sincerely, James Caron Water Resources Division 906-875-2071 cc: Ontonagon County Drain Commissioner Ontonagon CEA, Part 91 Ontonagon County Clerk Carp lake Township Clerk

GRETCHEN WHITMER

GOVERNOR

LIESL EICHLER CLARK

DIRECTOR