C8462_WDNR_Permit_GP-NE-2017-15-04575.pdf

January 22, 2018 GP-NE-2017-15-04575

United States Coast Guard Sean Hannigan, CDR 1240 E. Ninth Street Cleveland, WI 44199

RE: Coverage under the waterway statewide general permit to maintenance dredge in a previously dredged area in Sturgeon Bay, located in the City of Sturgeon Bay, Door County, also described as being in the SW1/4 of the SW1/4 of Section 23, Township 27 North, Range 26 East.

Dear Mr. Hannigan, CDR:

Thank you for submitting an application for coverage under the waterway statewide general permit to maintenance dredge in a previously dredged area in Sturgeon Bay, WDNR-GP13-2015 and 30.206.

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 take this time to re-read the permit eligibility standards and conditions. The eligibility standards can be found on your application checklist or in the statewide general permit (found at http://dnr.wi.gov/topic/waterways/ - keyword: general permits). The permit conditions are attached to this letter. You are responsible for meeting all general permit eligibility standards and permit conditions. This includes notifying the Department before starting the project, and submitting photographs within one week of project completion.

Please note your coverage is valid for 5 years from the date of the department’s determination or until the activity is completed, whichever occurs first.

The Department conducts routine and annual compliance monitoring inspections. Our staff may follow up and inspect your project to verify compliance with state statutes and codes. If you need to modify your project please contact your local Water Management Specialist, Carrie Webb at (920) 662-5453 or email CarrieA.Webb@wisconsin.gov to discuss your proposed modifications.

The Department of Natural Resources appreciates your willingness to comply with waterway regulations, which help to protect the water quality, fish and wildlife habitat, natural scenic beauty and recreational value of Wisconsin’s public resources for future generations. Please be sure to obtain any other local, state or federal permits that are required before starting your project.

State of Wisconsin

DEPARTMENT OF NATURAL RESOURCES

Northeast Region Headquarters 2984 Shawano Avenue Green Bay, WI 54313-6727 wisconsin.gov Printed on Recycled

Paper dnr.wi.gov

Scott Walker, Governor Daniel L. Meyer, Secretary

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

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

If you have any questions, please call me at (920) 662-5453 or email CarrieA.Webb@wisconsin.gov.

Sincerely, Carrie Webb Water Management Specialist cc: Jessica Kempke, U.S. Army Corps of Engineers Door County Zoning Administrator Conservation Wardens Michelle Freimund, AECOM

You agree to comply with the following conditions:

1. Certification. Acceptance of general permit WDNR-GP13-2015 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 agreed to follow all terms and conditions of this general permit.

2. Project Plans. This permit does not authorize any work other than the work that is specifically described in the notification package and plans submitted to the Department and that you certified is in compliance with the terms and conditions of WDNR-GP13-2015

3. Expiration. This WDNR-GP13-2015 is valid for a period of 5 years from the date of issuance. Any activity that the Department determines is authorized by WDNR-GP13-2015 remains authorized under WDNR-GP13-2015 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-GP13-2015 expired before the activity is completed.

4. Other Permit Requirements. You are responsible for obtaining any other state permits for the dewatering or disposal of the dredged material and any other permits or approvals that may be required for your project by local zoning ordinances and the U.S. Army Corps of Engineers (USACE) before starting your project. To locate the USACE staff responsible for review projects in Wisconsin please visit http://www.mvp.usace.army.mil/Missions/Regulatory.aspx

5. Project Start. You must notify the Department using the information provided on the confirmation of coverage letter you receive before starting any activity and again not more than 5 days after the activity is completed.

6. 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.

7. Permit Compliance. The Department may modify or revoke coverage of this permit if dredging is not carried out in compliance with the terms and conditions of this permit or if the Department determines the project will be detrimental to the public interest. 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.

8. Project Completion. Within one week of project completion you must submit to the

Department a statement certifying that the project is in compliance with all the terms and conditions of this permit and photographs of the work authorized by this permit.

9. Site Access. Upon reasonable notice, you must allow access to the site to any Department employee who is investigating the project’s construction, operation, maintenance or compliance with the terms and conditions of WDNR-GP13-2015 and applicable laws.

10. Erosion and Sediment Control Practices. The project site must implement erosion and sediment control measures that adequately control or prevent erosion, and prevent damage http://www.mvp.usace.army.mil/Missions/Regulatory.aspx 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. Unless part of a permanent stormwater management system, all temporary erosion and sediment control practices shall be removed upon final stabilization. Areas disturbed during removal shall be restored.

11. 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 Ch. 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

12. Federal and State Threatened and Endangered Species. WDNR-GP13-2015 does not affect the DNR’s responsibility to ensure that all authorizations comply with Section 7 of the Federal Endangered Species Act, Wis. Stats. s. 29.604, and applicable State Laws. The project must either avoid impacts to endangered or threatened species in accordance with Wis. Stats. s. 29.604 or receive an incidental take authorization under Wis. Stats s. 29.604.

No Department authorization under this permit will be granted for projects found not to comply with these laws. No activity is authorized that is likely to 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 or State law or both, or that is likely to destroy or adversely modify the critical habitat of a species as identified under the Federal Endangered Species Act.

13. Historic Properties and Cultural Resources. WDNR-GP13-2015 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.

14. Preventive Measures. Measures must be adopted to prevent potential pollutants from entering a wetland or water body. 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 water body as a result of spillage, natural runoff, or flooding. In addition, biodegradable hydraulic fluid should be used in equipment that is operated below the Ordinary High Water Mark. If a spill of any potential pollutant should http://dnr.wi.gov/topic/Stormwater/standards/const_standards.html http://dnr.wi.gov/topic/Invasives/bmp.html http://dnr.wi.gov/topic/Invasives/documents/EquipOper.pdf 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.

15. Property Rights. This permit does not convey any property rights or interests of any sort or any exclusive privilege. The permit does not authorize any injury or damage to private property, any invasion of personal rights, or any infringement of federal, state or local laws or regulations.

16. Limits of State Liability. In authorizing work, the State Government does not assume any liability, including for any of 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 State in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this

WDNR-GP13-2015.

17. Reevaluation of Decision. This office may reevaluate its decision on any authorization under WDNR-GP13-2015 at any time the circumstances warrant and may suspend, modify or revoke any previously authorized activity. Suspension, modification or revocation may result in enforcement action. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. The applicant fails to comply with the terms and conditions of WDNR-GP13-2015.

b. The information provided by the applicant in support of the permit application proves to have been false, incomplete, inaccurate, or false

c. Significant new information surfaces which the Department did not consider in reaching the original public interest decision.