Attachment_C_-_Permitting_Documentation.pdf

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Attached to
ND-VALLEY CITY WETLAND MANAGEMENT DISTRICT-REHAB T
Solicitation number
140F0222R0015
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About this file

This document provides permitting requirements for modifications to the Tomahawk Dam. The U.S. Fish and Wildlife Service plans to obtain a Nationwide Permit 3 from the U.S. Army Corps of Engineers for the repairs, which would authorize the work under the Federal Clean Water Act and Rivers and Harbors Act. An individual permit may be required if the project does not meet nationwide permit criteria. The North Dakota Department of Water Resources requires a construction permit since the reservoir exceeds capacity thresholds, which can be obtained by completing the applicable form. No local permits are needed, though the township must be notified before temporarily closing the access road during construction. This work appears related to solicitation number 140F0222R0015 to rehabilitate the Tomahawk Dam for the North Dakota Valley City Wetland Management District of the U.S. Fish and Wildlife Service.

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Gannett Fleming Affiliates, Inc.

Corporate Headquarters 207 Senate Avenue Camp Hill, PA 17011 P 717.763.7211 | F 717.763.8150 gannettfleming.com

SUBJECT: Permitting for the Modifications to Tomahawk Dam

As part of the design of the modifications to Tomahawk Dam, Gannett Fleming evaluated the potential permits that would be required to complete the work.

Federal

The U.S. Army Corps of Engineers (USACE) can issue general permits to authorize activities that have only minimal individual and cumulative adverse environmental effects, which may be accomplished by issuance of a Nationwide Permit. The USACE Nationwide Permit 3 (NWP 3) pertains to the repair, rehabilitation, or replacement of currently serviceable structures, including dams. Based on discussions with the USACE, the U.S. Fish and Wildlife Service should obtain the NWP 3 for the modifications to Tomahawk Dam. The NWP 3 also provides the Federal Clean Water Act 404 and Section 10 Rivers and Harbors Act authorizations. According to the USACE, if based on their review of the NWP 3, the project does not meet nationwide permit criteria, an Individual Permit may be required. It is recommended holding a pre-application meeting with the regulatory agencies to describe the project activities and proposed impacts associated with the project and further understand the permitting requirements.

State

The North Dakota Department of Water Resources (DWR) is responsible for regulating the construction and modifications of dams, dikes, and other devices, as authorized by NDCC 61-03, 61-04, and 61-61.1. Based on the reservoir capacity of Tomahawk Dam, a construction permit is required from the DWR to modify the dam. To obtain the permit, the USFWS must complete the Application/Notification to Construct or Modify a Dam, Dike, Ring Dike or Other Water Resource (SFN 51695) and submit it to the DWR.

Local

There are no County or Township permit requirements related to modifying the dam. During construction, the roadway across the dam (110th Avenue SE) will need to be closed to the public. The road is maintained by Rogers Township. According to the Township, no permits are required to close the roadway during construction. As outlined in the specifications for the project, the Contractor shall notify Rogers Township prior to closing the road.

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