B08_Section_J_Attachment_06_Appendix_C___Permit_Conditions_affecting_the_construction_process_for_Knife_River.pdf

1200 Memorial Highway | Bismarck, ND 58504 | 701.328.2750 | DWR.nd.gov

SOVEREIGN LAND PERMIT NO. SL2521

This permit authorizes the Permittee to construct a project on Sovereign Lands, pursuant to North Dakota Century Code ch. 61-33.

Permittee: National Park Service 564 County Road 37 Stanton, ND 58571

Location: NW ¼ SE ¼ of Section 28, Township 145 North, Range

84 West, Mercer County

Project Description:

The Permittee is hereby authorized to reshape and harden the right bank and reshape the left bank of the Knife River at the Elbee Bend Site within the Knife River Indian Village National Historic Site in Mercer County (Project).

The Project will involve clearing and salvage of approximately 6,283 cubic yards of topsoil for reuse, construction of a temporary river crossing, reshaping approximately 1,200 and 1,015 linear feet of the right and left banks of the Knife River respectively, hardening the right bank, topsoiling and reseeding the site, and employment of erosion and sedimentation control measures.

The temporary river crossing will be located immediately upstream of Elbee Bend and would be approximately 130 feet long and 20 feet wide consisting of approximately 1,400 cubic yards of material and five 4.5-foot diameter culverts. Once construction and restoration of the left bank is complete, the temporary crossing will be removed from the river in its entirety and the bed and banks restored and revegetated with species native to the area.

The left bank (inside bend) will be reshaped to a series of shelves, topsoiled, and seeded with species native to the area and suited for the moisture regime of each shelf. The right bank (outside bend) will be reshaped and topped with approximately 1,348 cubic yards of granular bedding material topped with approximately 14,435 cubic yards of rock

Sovereign Land Permit No. SL2521 riprap. The upper portion of the riprap as well as any disturbed areas located above the riprap will be topsoiled, reseeded with species native to the area, and covered with biodegradable erosion control blankets, matting or mulch.

Erosion and sediment control measures will be deployed throughout construction to prevent loss of material, aid in restoration of all disturbed areas, and prevent sediment from entering the river.

Any other use of sovereign land is prohibited. Any proposed additional use must comply with the application and permitting process and all other requirements of state law.

RECOMMENDATIONS

1. The Permittee enter the Project area into the U.S. Fish and Wildlife Service

(Service) Information for Planning and Consultation (IpAC) on-line project planning tool paying particular attention to the Northern Long-eared Bat and consult with the Service if warranted.

GENERAL CONDITIONS

1. This Authorization is site specific for the project as proposed and outlined in the application and supporting documents. Any changes or deviation from the site or design will need authorization from the Director.

2. Authorization of this undertaking is a privileged use of a public resource and does not constitute a property right. The public use and enjoyment of the Knife River is of high priority.

3. All construction, maintenance, and reclamation activities must be carried out in a manner reasonably designed to prevent degradation of the Knife River.

4. The Permittee must implement measures to minimize the opportunity for sediment to enter the Knife River during construction.

5. The Permittee must comply with all state regulations with regard to the prevention of introduction of Aquatic Nuisance Species into the state’s waters.

6. Prior to or during construction, if items of substantial archeological value are discovered or a deposit of such items is disturbed, the Permittee must cease construction activities in the area so affected. The Director and the State

Sovereign Land Permit No. SL2521

Historical Preservation Office must be promptly notified of the discovery, and construction will not resume until both offices give written permission.

7. At the discretion of the Director, in accordance with the exercise of any of the

Director’s duties, the project is subject to modification or removal at the expense of the Permittee.

8. The Director or the Director’s representative must have access to inspect the authorized project during construction and associated activities and for the life of the project to ensure that it is being or has been accomplished and maintained in accordance with the terms and conditions of this Authorization.

9. The Permittee must obtain any other local, state, or federal permits or approvals that may be necessary prior to construction.

10. By granting this Authorization, no liability for damages of any kind, including those caused by improper construction, construction and maintenance, design or failure in design, materials, or workmanship, is assumed by or transferred to the State of North Dakota, the Director, the Department of Water Resources or any of their respective employees, agents, or assigns. The Permittee will indemnify and hold harmless the State of North Dakota, its officials, employees, agents, boards, commissions, and assigns for any and all liability for work performed and action taken under this Authorization.

Reice Haase Date Director

John Paczkowski, P.E. Date State Engineer

04/24/2025

04/30/2025