751-21294.TAP Sturgeon River Sloughs Appendix V - USACE Permit.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, DETROIT DISTRICT

MARQUETTE REGULATORY FIELD OFFICE

115 SOUTH LAKESHORE BOULEVARD, SUITE C

MARQUETTE, MICHIGAN 49855

September 29, 2022

Regulatory Branch File No. LRE-1993-620051-N22

John DePue MDNR, Wildlife Division 427 US-41 North Baraga, Michigan 49908

Dear Mr. DePue:

Please refer to your application for a Department of the Army permit to excavate, install riprap, and replace a bridge in Sturgeon River Wetlands at Sturgeon River Sloughs Wildlife Area, near Chassell, Michigan.

We have verified that your proposed work is authorized under Regional Permit No.

1990-2000050-S22, reissued on July 1, 2022, under authority of Section 10 of the 1899 Rivers and Harbors Act and Section 404 of the 1977 Clean Water Act. The regional permit is a blanket permit whereby a class of activities having minimum impacts can receive Department of the Army authorization with a minimal amount of administrative review. The purpose of this letter is to inform you that your proposal has been evaluated, complies with, and is therefore authorized under the regional permit.

You may proceed with the work per the following project description, attached drawings, and attached general and special conditions:

Install silt fencing. Excavate a maximum of 295 cubic yards from the stream and adjacent wetlands to prepare the area for construction. Dredge spoils will be placed in the DNR's temporary spoils pile off site. Install 89 cubic yards of riprap within the stream channel and 52 cubic yards within the adjacent wetland as bank stabilization.

Replace a 35’ x 19’ bridge with a 46’ x 18’ bridge.

Special Conditions:

1. Any excess material that cannot be accommodated on the permittee's upland property shall be placed in an upland location without any return to any waterway or wetland.

2. All fill shall consist of clean, inert materials from an upland source. The fill material must be free from toxic substances, fines, oil and grease, debris, wood, general refuse, plaster, and other pollutants, and shall contain no broken asphalt, oil-based material, or metal.

3. Erosion controls, such as silt fencing, shall be placed to prevent discharge material from entering wetlands or waterways. These must be erected prior to starting work, and their effectiveness must be maintained until all work at the site is completed and

-2-the area has been stabilized against erosion.

Any construction activity other than that shown on the plans may not qualify for the authorization. If you contemplate any changes or additional activities from those depicted on the plans, please submit them to this office for review and authorization prior to any construction. Upon completion of authorized work, fill in and return the enclosed COMPLETION REPORT.

This verification is invalid until you obtain an appropriate state permit/certification or waiver thereof. We suggest that you contact the Michigan Department of Environment, Great Lakes, and Energy (EGLE) in Marquette District Office at 906-235-4537 for the status of your state permit if you have not received it three weeks after you receive this letter. If local approvals are required, we recommend you contact the appropriate local government body directly.

We are obligated to provide recipients of permit verifications with a jurisdictional determination (JD) when requested to do so. The Corps of Engineers has the following options with respect to JDs: (1) Approved Jurisdictional Determinations (AJD), which are considered “official” JDs and can be administratively appealed; (2) Preliminary Jurisdictional Determinations (PJD), which are non-binding JDs and advise an affected party that the Corps of Engineers believes there may be waters of the United States on the property that fall under the Corps’ regulatory authority and enables the Corps and a permit applicant or other affected party to resolve certain jurisdiction and permit issues without expending time on making an official determination of the Corps’ jurisdiction;

and (3) No Jurisdiction Determination (NJD), which is used in situations where issuance of a JD is deemed unnecessary by a permit applicant or other affected party because Corps’ jurisdiction is undisputed (e.g., work is in a navigable water of the United States) or not subject to question. The NJD option requires less documentation than a PJD and likewise enables the Corps and a permit applicant or other affected party to resolve jurisdiction and permit issues without expending time on an official determination of the Corps’ jurisdiction.

Per the information in the application, we have determined that your project will occur in wetlands adjacent to a navigable water of the United States subject to the Detroit District, U.S. Army Corps of Engineers’ regulatory authority under

This verification is valid unless the blanket regional permit expires or is modified, suspended, or revoked. Should you have any questions, please contact Kate Kasten at the above address, by E-Mail at katherine.e.kasten@usace.army.mil, or by telephone at 906-281-8942. In all communications, please refer to File Number LRE-1993-620051- N22.

-3-

We are interested in your thoughts and opinions concerning your experience with the Detroit District, Corps of Engineers Regulatory Program. If you are interested in letting us know how we are doing, you can complete an electronic Customer Service Survey from our web site at: https://regulatory.ops.usace.army.mil/customer-service-survey/.

Alternatively, you may contact us and request a paper copy of the survey that you may complete and return to us by mail or fax. Thank you for taking the time to complete the survey. We appreciate your feedback.

Sincerely, Kerrie E. Kuhne Chief, Western Section Regulatory Branch

Copy Furnished

Stephen Wright (UPEA) EGLE, 31-Sturgeon River Sloughs-Chassell Twp; 11-31-32,10-7-22, 98-1-137 https://regulatory.ops.usace.army.mil/customer-service-survey/

REGIONAL PERMIT GENERAL CONDITIONS

1. You must maintain any structures or work authorized by the

Regional Permit in good condition and in conformance with the terms and conditions of the Regional Permit. You are not relieved of this requirement if you abandon any permitted structures/work, although you may make a good faith transfer to a third party. You are required to contact us should you wish to cease to maintain any authorized structures/work or should you desire to abandon it without a good faith transfer. We will most likely instruct you to remove the structures/work from the waterway and provide you with written authorization to conduct the removal work. We may add special conditions to the removal work with respect to equipment and techniques, work sequence, and disposal.

2. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by the Regional Permit, you must immediately stop work in that area and notify this office of what you have found.

We will initiate the Federal, Tribal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic

Places.

3. If a conditioned water quality certification and/or coastal zone management consistency concurrence has been issued for your project, you must comply with the conditions specified in the certification as special conditions to insure compliance with the Regional Permit. For your convenience, a copy of the certification is attached if it contains such conditions.

4. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of the Regional Permit.

5. The permittee understands and agrees that activities affecting structures or works built by the United States require permission from the Corps pursuant to 33 U.S.C. 408 (Section

408). If Section 408 Permission has been issued for your project, you must comply with the conditions specified in the permission document as special conditions to ensure compliance with the Regional Permit. For your convenience, a copy of the Section 408 Permission is attached if it contains such conditions.

6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of

Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United

States. No claim shall be made against the United States on account of any such removal of alteration.

7. If you sell the property associated with this Regional Permit verification, you must obtain the signature of the new owner in the space provided and forward a copy of the Regional Permit to this office to validate the transfer of this authorization.

“When the structures or work authorized by this

Regional Permit are still in existence at the time the property is transferred, the terms and conditions of this

Regional Permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this Regional

Permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.”

(Transferee) (Date)

Further Information:

1. Congressional Authorities: You have been so authorized to undertake the activity described above pursuant to:

___ Section 10 of the Rivers and Harbors Act of 1899 (33

U.S.C. 403).

x___ Section 404 of the Clean Water Act (33 U.S.C. 1344).

2. Limits of this authorization.

a. The Regional Permit does not obviate the need to obtain Federal, state, or local authorizations required by law.

b. The Regional Permit does not grant any property rights or exclusive privileges.

c. The Regional Permit does not authorize any injury to the property or rights of others.

d. The Regional Permit does not authorize interference with any existing or proposed Federal project.

e. The Regional Permit authorizing the activity expires on

July 1, 2027 unless it is reissued without modification or the activity complies with any subsequent modification of the Regional Permit. If the Regional Permit is not reissued for the activity in question, activities which have commenced construction or are under contract to commence in reliance upon the Regional Permit will remain authorized provided the activity is completed by

July 1, 2028.

3. Limits of Federal Liability. In issuing the Regional Permit, 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 United States in the public interest.

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

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

e. Damage claims associated with any future modifications, suspension, or revocation of the

Regional Permit.

4. Reliance on Applicant's Data: The verification by this office that the project conforms with the Regional Permit was made in reliance of the information you provided.

5. Reevaluation of Permit Decision. This office may reevaluate its decision on this project at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of the

Regional Permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision and/or our verification that the activity complies with the Regional Permit.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and

326.5. The referenced enforcement procedures provide for the

issuance of an administrative order requiring you to comply with the terms and conditions of the Regional Permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

REGIONAL PERMIT COMPLETION REPORT

Chief, Compliance and Enforcement Section Regulatory Branch U.S. Army Corps of Engineers 477 Michigan Avenue Room 603 Detroit, MI 48226-2550

Dear Sir:

You are hereby notified that work verified as qualifying for Regional Permit under File No. LRE-1993-620051-N22 to excavate, install riprap, and replace a bridge at Sturgeon River Sloughs Wildlife Area, near Chassell, Houghton County, Michigan, issued to the Michigan Department of Natural Resources (John DePue) was completed in accordance with the permit on:

(Date work completed)

(Permittee's Signature)

I M P O R T A N T

1. This COMPLETION REPORT MUST BE MAILED to the above addressee within 10 days after completion of work covered by the REGIONAL PERMIT to ensure an accurate Government record of data affecting navigation.

2. Where soundings are completed for projects that include dredging, a copy of the soundings should accompany this report. If the soundings are measured from the water surface and have not been corrected to International Great Lakes Datum 1985, the hour and date the soundings were made should be noted on the soundings report.

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INDEX OF SHEETS

GENERAL NOTES AND LEGEND

COVER

SHEET DESCRIPTION

C102

GENERAL PLAN OF SITE

S102 BRIDGE DETAILS

S102 BRIDGE DETAILS

C501 DETAILS

C101

GENERAL PLAN OF STRUCTURE

JEFF BARSCH (DTMB): 906-251-0727

FILE NO.: 751 / 21294.JBB

INDEX NO.: 3480

DEPARTMENT OF NATURAL RESOURCES

OWNER

1990 US-41

MARQUETTE, MI 49855

U.P. ENGINEERS & ARCHITECTS, INC.

ENGINEER

100 PORTAGE STREET

HOUGHTON, MI 49931

PROJECT CONTACT:

PROJECT CONTACTS:

STEVE WRIGHT, PE (UPEA): 906-482-4810

LOCATION MAP

DANIELLE FOERTSCH (DTMB): 517-331-5369

STURGEON RIVER SLOUGHS

BRIDGE REPLACEMENT

MICHIGAN DEPARTMENT OF NATURAL RESOURCES

HOUGHTON COUNTY, MICHIGAN

FILE NO.: 751/21294.JBB

INDEX NO.: 3400

ARNHEIM RD.

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BARAGA TWP.

ARNHEIM

W C R.R.

JOHN DePUE (DNR): 906-231-1064

EASEMENT

GATE - OPEN

GATE - OPEN

MAIN ACCESS INCLUDING

HEAVY EQUIPMENT

GATE - LOCKED

SECONDARY ACCESS

(HEAVY EQUIPMENT LIMITED)

STATE OF

MICHIGAN

STATE OF

MICHIGAN

NOTE:

OBTAIN GATE KEYS FROM JOHN DePUE (906) 231-1064 OR BRAD JOHNSON (906) 458-7374

PROJECT LOCATION

HOUGHTON COUNTY

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

STATE OF MICHIGAN

ADAM P. LACH, RA, DIRECTOR

STATE FACILITIES ADMINISTRATION

DESIGN AND CONSTRUCTION DIVISION

TEMPORARY SPOILS PILE LOCATION -

COORDINATE WITH MDNR

LRE-1993-620051-N22

MDNR STURGEON RIVER SLOUGHS State Wildlife Area - Fill for Bridge Replacement Sturgeon River; Chassell Houghton Co., MICHIGAN SHEET 1 of 7

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GENERAL NOTES RESTORATION DESIGN DATA

SOIL EROSION AND SEDIMENTATION CONTROL

ABBREVIATIONS:

GROOMER LOADING DIAGRAM:

REMOVAL

UTILITY CONTACT INFORMATION

CONCRETE/ STRUCTURAL NOTES

AGGREGATE CONSTRUCTION

LEGEND

LRE-1993-620051-N22

DNR STURGEON RIVER SLOUGHS State Wildlife Area - Fill for Bridge Replacement Sturgeon River; Chassell

SHEET 2 of 7

BENCHMARK DATA

CONTROL POINT DATA ESTIMATED QUANTITIES

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LRE-1993-620051-N22

DNR STURGEON RIVER SLOUGHS State Wildlife Area - Fill for Bridge Replacement Sturgeon River; Chassell

SHEET 3 of 7

BENCHMARK DATA

CONTROL POINT DATA ESTIMATED QUANTITIES

A4 PLAN & PROFILE

SUMMARY OF HYDRAULIC ANALYSIS

EXISTING PROPOSED

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WEIGHT

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LRE-1993-620051-N22

DNR STURGEON RIVER SLOUGHS State Wildlife Area - Fill for Bridge Replacement Sturgeon River; Chassell

SHEET 4 of 7

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SECTION THROUGH ABUTMENT

SECTION THROUGH DECK

ABUTMENT ELEVATION

ABUTMENT 'A' DETAIL ABUTMENT 'B' DETAIL

GUARD RAIL AND DIAPHRAGM CONNECTION DETAIL

LRE-1993-620051-N22

DNR STURGEON RIVER SLOUGHS

State Wildlife Area - Fill for Bridge Replacement Sturgeon River; Chassell

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D5 BRIDGE RAILING DETAIL

A4 WOODEN APPROACH RAILING (TYP)

D1 TYPICAL AGGREGATE TRAIL SECTION

WEIGHT

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SHEET 6 of 7

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DNR STURGEON RIVER SLOUGHS State Wildlife Area - Fill for Bridge Replacement Sturgeon River; Chassell

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