Att. 4 Permit WRP034448-Pointe Aux Chenes Creek Bridge 240430.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: WRP034448 v. 1 Date Issued: August 3, 2022 Site Name: 49-Pointe Aux Chenes Creek Bridge-Moran Twp Expiration Date: August 3, 2027

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:

Remove existing 15-foot-wide by 19-foot-long timber clear span bridge over the Point Aux Chenes River and replace with an 18-foot-wide by 28-foot-long timber clear span bridge. 95 cubic yards of material will be excavated to realign and transition the channel into the upstream and downstream sections, as well placement of 54 cubic yards of 11- to 27-inch rock riprap for slope stabilization and scour protection.

Waterbody Affected: Pointe Aux Chenes River Property Location: Mackinac County, Moran Township, T41N, R05W, Section 13

Permittee:

Mary Moore, USDA Forest Service 820 Rains Drive Gladstone, MI 49837

Cassie Abrams Marquette District Office Water Resources Division 906-869-0745

EGLE-WRD

WRP034448 v1.0

Approved Issued On:08/03/2022

Expires On:08/03/2027

MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

WATER RESOURCES DIVISION

PERMIT

Issued To:

Mary Moore, USDA Forest Service 820 Rains Drive Gladstone, MI 49837

Permit No: WRP034448 v.1 Submission No.: HPK-12ES-5QGZ2 Site Name: 49-Pointe Aux Chenes Creek Bridge-Moran Twp Issued: August 3, 2022 Expires: August 3, 2027

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:

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)

EGLE certifies that the activities authorized under this permit are in compliance with the State Coastal Zone Management Program and certifies without conditions under the Federal Clean Water Act, Section 401 that the discharge from the activities authorized under this permit will comply with Michigan’s water quality requirements in Part 31, Water Resources Protection, of the NREPA and associated administrative rules, where applicable.

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

Authorized Activity:

Remove existing 15-foot-wide by 19-foot-long timber clear span bridge over the Point Aux Chenes River and replace with an 18-foot-wide by 28-foot-long timber clear span bridge. 95 cubic yards of material will be excavated to realign and transition the channel into the upstream and downstream sections, as well placement of 54 cubic yards of 11- to 27-inch rock riprap for slope stabilization and scour protection.

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

Authority granted by this permit does not waive any jurisdiction of the United States Army Corps of Engineers or the need for a federal permit.

Waterbody Affected: Pointe Aux Chenes River Property Location: Mackinac County, Moran Township, T41N, R05W, Section 13

Mary Moore, USDA Forest Service 2 WRP034448 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. This permit shall not be assigned or transferred without the written approval of EGLE.

J. 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.

K. 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).

L. 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.

M. 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.

N. 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.

O. 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.

P. 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.

Q. 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

Mary Moore, USDA Forest Service 3 WRP034448 v.1 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.

R. 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.

S. 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).

T. 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.

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

V. 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.

W. 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.

X. 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 https://www.michigan.gov/egle/about/organization/water-resources/soil-erosion/sesc-overview and select “Soil Erosion and Sedimentation Control Agencies”.

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. 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 mulch. The sedimentation barrier shall then be removed in its entirety and the area restored to its original configuration and cover.

7. All 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.

8. The 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

Mary Moore, USDA Forest Service 4 WRP034448 v.1

Management Practices based on site conditions, and if necessary, may be riprapped placed on top of geotextile fabric 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.

9. 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. 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 seeding and mulching, or other acceptable temporary protection.

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

11. Threatened or endangered mussel species may occur on or near this project site and may be impacted by your activities. If located, stop activity and contact local DNR fisheries division.

12. 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.

13. Part 31 Review: The applicant proposes to replace an existing 15-ft. W x 19-ft. S x 6.3-ft. R timber clear span bridge over the Point Aux Chenes River with a new 18-ft. W x 28-ft. S x 7.5-ft R timber clear span bridge. The work will require excavation of 95 cu.yds. of channel excavation to re-align and transition the channel into the upstream and downstream sections, as well placement of 54 cu.yds. of 11 to 27-inch rock riprap for slope stabilization and scour protection. Upon review of the HEC-RAS model for this project, it will result in a slight upstream flood stage decrease, and is therefore not a Harmful Interference. No objection.

Issued By:

Cassie Abrams Marquette District Office Water Resources Division 906-869-0745

THIS PERMIT MUST BE SIGNED BY THE PERMITTEE TO BE VALID.

I hereby assure that I have read, am familiar with, and agree to adhere to the terms and conditions of this permit.

Permittee Signature Date cc: Moran Township Clerk Mackinac County CEA Mackinac County Clerk Rachel Antieau, USACE Sue Bright, USACE Stephen Wright, U.P. Engineers

DRAWING TITLE

DRAWN

DESIGNER

CHECKED

ARCHIVE NO.

DATE

PROJECT NO.

DWG SHEET NO.

OFSHEET

United States Department of Agriculture Forest Service

2/1 6/2

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FR 3105-1.7

OVER

PT. AUX CHENES CREEK

HIAWATHA

NATIONAL FOREST

ST. IGNACE

RANGER DISTRICT

PLAN & PROFILE

2/15/2022

S.WRIGHT

J.ALLEN

G.JUNTTILA

U28-01575

C-05

14 5

GENERAL PROFILE

GENERAL PLAN OF SITE

GENERAL NOTES:

F

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R

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S

T

R

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A

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LEGEND

SOIL EROSION CONTROL REQUIREMENTS

P T

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P T

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EGLE-WRD

WRP034448 v1.0

Approved

DESIGNER

CHECKED

ARCHIVE NO.

DATE

PROJECT NO.

DWG SHEET NO.

OFSHEET

United States Department of Agriculture Forest Service

2/1 6/2

2 1 5:

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EASTERN REGION

FR 3105-1.7

OVER

PT. AUX CHENES CREEK

HIAWATHA

NATIONAL FOREST

ST. IGNACE

RANGER DISTRICT

PLAN OF STRUCTURE

2/15/2022

S.WRIGHT

J.ALLEN

G.JUNTTILA

U28-01575

C-06

14 6

BRIDGE PLAN

BRIDGE ELEVATION

FOREST ROAD 3150

P T

A

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H E

N E

S

C

R E

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RIPRAP DETAIL

A C-07

GENERAL NOTES:

B C-08 C-08

C

B-01

B-02

EGLE-WRD

WRP034448 v1.0

Approved

DESIGNER

CHECKED

ARCHIVE NO.

DATE

PROJECT NO.

DWG SHEET NO.

OFSHEET

United States Department of Agriculture Forest Service

2/1 6/2

2 1 5:

JA

LL

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EASTERN REGION

FR 3105-1.7

OVER

PT. AUX CHENES CREEK

HIAWATHA

NATIONAL FOREST

ST. IGNACE

RANGER DISTRICT

ABUTMENT PLAN

2/15/2022

S.WRIGHT

J.ALLEN

G.JUNTTILA

U28-01575

C-07

14 7

ABUTMENT ELEVATION (FRONT FACE)

ABUTMENT SECTION

A

ABUTMENT PLAN

C

L

ROADWAY

4321 5 6 7 8

C-07

B

B

GENERAL NOTES:

EGLE-WRD

WRP034448 v1.0

Approved

DESIGNER

CHECKED

ARCHIVE NO.

DATE

PROJECT NO.

DWG SHEET NO.

OFSHEET

United States Department of Agriculture Forest Service

2/1 6/2

2 1 5:

JA

LL

EN

Z:

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SD

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1 R 9 1

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EASTERN REGION

FR 3105-1.7

OVER

PT. AUX CHENES CREEK

HIAWATHA

NATIONAL FOREST

ST. IGNACE

RANGER DISTRICT

CROSS SECTIONS

2/15/2022

S.WRIGHT

J.ALLEN

G.JUNTTILA

U28-01575

C-13

14 13

EGLE-WRD

WRP034448 v1.0

Approved