8 - 2014 Permit for drawdown to replace stop logs.pdf

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

WATER RESOURCES DIVISION

PERMIT

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ISSUED TO:

MDNR Wildlife Permit No. 14-22-0015-P

1420 W US Highway 2 Issued September 5, 2014 Crystal Falls, MI 49920 Extended

Revised

Expires September 5, 2019

This permit is being issued by the Michigan Department of Environmental Quality (MDEQ) under the provisions of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA), and specifically:

® Part 301, Inland Lakes and Streams X Part 315, Dam Safety

El Part 325, Great Lakes Submerged Lands O Part 323, Shorelands Protection and Management

El Part 303, Wetlands Protection C Part 353, Sand Dunes Protection and Management

El Part 31, Floodplain/Water Resources Protection

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

Temporarily draw down the Hancock Impoundment on Hancock Creek 6 feet for the purpose of replacing stop logs.

The drawdown and refill rates shall not exceed 6 inches per day. Installation of new stop logs shall commence as soon as the drawdown is complete.

Refilling shall commence on or about September 12, 2014 with the completion date based on precipitation. Stop logs shall be placed at a rate such that a base flow downstream is maintained at all times.

Water Course Affected: Hancock Creek

Property Location: Dickinson County, Waucedah Township, Section 25, Town/Range +IN, 28W

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, Water

Resources Protection, of the NREPA.

C. This permit shall be kept at the site of the work and available for inspection at al] 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 wilh Act 53 of the Public Act of

1974 and comply with each of the requirements of that Act.

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 permils, 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.

1. Permittee shall notify the MDEQ 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 pennit shall not be assigned or Iransferred without the written approval of the MDEQ.

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MDNRWildlife . Permit No. 14-22-0015-P

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 ac!, and/or rule under which fills permit Is granted.

L. Al] dredged or excavated materiats shall be disposed of In an upland site (outside of floodpjains, unless exempt under Part 31, and wetland).

M. In issuing this permit, the MDEQ 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, the MDEQ may modify, Tevoke, 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, offlctals, 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 wilh this permit. The permittee's obligation to Indemnify the State of Michigan applies only if the State (1) provides the permiltee 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 lo contested case proceedings under the Administrative Procedures Act 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.

0. Noncompliance with these terms and conditions and/or the initiation of other regulated activitie; not specifically authorized shall be cause for the modification, suspension, or revocation of this permit, in whole or in part, Further, the MDEQ 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 devlation from Ihe permitted activity becomes necessary, the permittee shall request, In writing, a revision of the permilted activity from the MDEQ. Such revision request shall include complete documentation suppoiling the modification and revised plans detailing the proposed modification. Proposed modifications must be approved, In writing, by the MDEQ prior to being implemented.

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

R. Prior to initiaUng permitted construction, the permittee is required to provide a copy of the permit to the conlractor(s) for review.

The properly 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. Construclion 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 ofthe soil.

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

U. Authority granted by this permit does not waive permit requirements under the authority of Part 305, Natural Rivers, of tile NREPA.

A Natural Rivers Zoning Permit may be requtred for construction, land alteration, streambank stabilization, or vegetation removal along or near a natural river.

V. The permiltee is cautioned I hal grade changes resulting in increased runoff onto adjacent properly 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 waterbody 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 lish spawning or migration, no work shall occur within fish spawning or migration timelines (i.e., windows) unless otherwise approved in writing by the MDNR, Fisheries Division.

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

By:

Ja,60§ A. Caron \Eter Resources Division 906-875-2071 cc: Waucedah Township Clerk Dickinson CEA

Sheila Meier, DEQ Floodplain Engineer, Marquette James Pawloski, P.E., DEQ Dam Safety Engineer, Gaylord, MI