Picnic PointGPNO202261T00194T00196.pdf

State of Wisconsin

DEPARTMENT OF NATURAL RESOURCES

107 Sutliff Ave

Rhinelander, WI, 54501

Tony Evers, Governor

Preston D. Cole, Secretary Telephone 608-266-2621

Toll Free 1-888-936-7463

TTY Access via relay - 711

May 19, 2022

Chequamegon-Nicolet National Forest GP-NO-2022-61-T00194/T00196 c/o Sara Sommer

500 Hanson Lake Road

Rhinelander, WI 54501

Dear Ms. Sommer:

Thank you for submitting an application for a General Permit for USDA forest service activities in the

Chequamegon-Nicolet National Forest located in Sec. 25, T33N, R1W, Town of Westboro, Taylor

County.

Project Description

The project consists of pavement replacement with full subsurface excavation, road reconditioning with spot subsurface excavation, culvert replacement, and installation of gavel/rock boat launch below the ordinary high water mark on Mondeaux Flowage. This permit authorizes the work as indicated on the final plans submitted to the department via email on May 17, 2022.

Eligibility Standards & Permit Conditions You are responsible for meeting all general permit eligibility standards and permit conditions as indicated in WDNR-GP14-2016.

Wetlands According to the submitted information the project will result in 45 square feet of permit wetland fill and 60 square feet of temporary wetland impacts as a result of the culvert installation. This permit coverage constitutes the state of Wisconsin’s wetland water quality certification under USCS s. 1341 (Clean Water Act s. 401).

Waterways Work below the ordinary high water mark of Mondeaux flowage and instream work for the culvert replacement cannot take place between March 1st and June 15th, both dates inclusive. This construction

BMP minimizes impacts to fish and other aquatic organisms during sensitive time periods such as spawning, winter dormancy, and migration.

Inspections Our staff may follow up and inspect your project to verify compliance with state statutes and codes. If you need to modify your project please contact your local Water Management Specialist, Wendy

Henniges at (715) 499-1608 or email wendy.henniges@wisconsin.gov to discuss your proposed modifications.

mailto:wendy.henniges@wisconsin.gov

You are responsible for obtaining any other local, state or federal permits that are required before starting your project.

Sincerely, Wendy Henniges

Water Management Specialist

Copy to: Paul Strong, Chequamegon-Nicolet National Forest

Jonathan Bakken, USACE Project Manager

ELIGIBILITY CRITERIA

1. The structure may be located in an area of special natural resource interest as described in Wis. Stats. s. 1.05, or at a site where the Department requires a permit under Wis. Stats. s. 30.12(2m).

2. Placement of the structure will not result in significant adverse impacts to the public rights and interests, cause environmental pollution as defined in Wis. Stats. s. 299.01(4), or result in material injury to the riparian rights of any riparian owner pursuant to Wis. Stats. s. 30.206(3r)(a)2., nor will it cause more than minimal adverse environmental impacts, materially interfere with navigation, nor have an adverse impact on the riparian property rights of adjacent riparian owners pursuant to Wis. Stats. s. 30.206(1)(am).

3. For a project permitted under s. 30.12(3), Wis. Stats., the applicant or coapplicant is the riparian owner. For a project permitted under s. 30.123(7), 30.19(3r)(b), or 30.20(1t), the applicant or co-applicant is the riparian owner or has obtained written permission of the riparian owner to undertake the permitted activity.

4. For projects permitted under s. 281.36(3g), Wis. Stats., that impact wetlands only, the applicant and co-applicant may be easement holders. If the applicant is not the landowner or easement holder, the applicant must receive written permission from the landowner.

5. Fish Spawning. To minimize adverse impacts on fish movement, fish spawning, and egg incubation periods, structures may not be placed during the following periods:

• September 15th through May 15th for all trout streams and upstream to the first dam or barrier on the Root River

(Racine County), the Kewaunee River (Kewaunee County), and Strawberry Creek (Door County).

• March 1st through June 15th for ALL other waters.

6. Unless the intended purpose of the project is to facilitate sediment mobility or deposition (i.e. stream simulation within a culvert or in-stream habitat restoration), structures must be placed in a manner that prevents sediment from collecting, removing, or dispersing away from the project site to the maximum extent practicable. Temporary sediment control measures used to accomplish this should be completely removed from the waterbody no more than 24 hours after the project is completed.

7. Temporary sediment control measures may not materially obstruct navigation or stream flow.

8. Live, living or growing aquatic plants may not be removed unless the removal is exempt under Wis. Stats. s. 23.24(4) or complies with the provisions for waiver of the permit requirement under Wis. Admin. Code s. NR 109.06.

9. Material removed or excavated from a waterway in order to place a structure may not be placed in a wetland, floodway, or below the ordinary high water mark of any navigable waterway. Dredging does not include "de minimus" activities unless allowed under section 1F.

10. Erosion control measures must meet or exceed the technical standards for erosion control approved by the Department under Wis. Admin. Code subch. V of ch. NR 151. Any area where topsoil is exposed during construction must be immediately seeded and mulched or riprapped to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway. Note: These standards can be found at the following website:

http://dnr.wi.gov/topic/stormwater/standards/.

11. Unless part of a permanent stormwater management system, all temporary erosion and sediment control practices must be removed upon final site stabilization. Areas disturbed during construction or installation must be restored.

12. Projects that may impact tribal lands or rights may need additional coordination.

13. Unless allowed under section 1F, this general permit does not authorize any permanent change in the course of a navigable stream or removal of material from the bed of any waterway except for what is necessary to place the structure.

14. Your acceptance of coverage under this permit and your efforts to begin work on the project signify that you have read, understood and agreed to follow all conditions of this permit.

15. Placement of the structure shall conform to the requirements of Wis. Admin. Code ch. NR 116, Wisconsin’s Floodplain

Management Program, if applicable.

16. Any grading, excavation and land disturbance shall be confined to the minimum area necessary for the placement, repair and removal of the structure.

17. All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water.

18. Placement, repair and removal of the structure shall minimize the removal of trees, shrubs and other shoreline vegetation above the ordinary high water mark.

Note: Local zoning ordinances may place restrictions on activities located in mapped floodplains or in shoreland zones. The riparian is responsible for ensuring that their project complies with any applicable local zoning requirements as well as the provisions of this general permit.

19. Accumulated brush, debris and other obstructions that are trapped in or underneath the structure shall be regularly removed to prevent upstream flooding and maintain structural integrity.

20. The permittee shall submit a series of photographs to the department within one week of placing the structure on this site and within one week of stabilizing disturbed areas on the site after removing the structure. The photographs shall be taken from different vantage points and depict all work authorized by the permit.

21. The structure must be placed fully within the riparian zone of interest as defined in Wis. Admin. Code s. NR 326.07, but may extend waterward beyond the line of navigation (3 ft. water depth).

CULVERTS

1. Culvert placement may not occur in a location where there is a Public Rights Feature (PRF) as described in Wis. Admin.

Code s. NR 1.06. Locations of Public Rights Features (PRF) can be found using the Department’s Surface Water Data

Viewer (SWDV) located here: http://dnrmaps.wi.gov/SL/Viewer.html?Viewer=SWDV&runWorkflow=DesignatedWaters

2. The culvert may not be not located over a lake outlet or in a lake system.

3. The required culvert size may not exceed 20 square feet cross sectional area (as referenced by appendix1) unless the culvert is designed by a Professional Engineer, Forest Service Engineer, Forest Service Engineering Technician, or Forest

Service Hydrologist. Note: A professional engineer as defined in Section 7 means a person registered as a professional engineer under s. 443.04, Stats., 10 and ch. A-E 4. “Forest Service Engineer,” “Forest Service Engineering Technician,” and “Forest Service Hydrologist” refer to working titles of employees of the USDA Forest Service.

4. Culverts shall be designed to pass the 100 year flood event as documented by any of the following methods:

• Hydrologic modeling

• Spanning bank full width

• WDNR culvert sizing worksheet (appendix 1)

• Alternative method deemed appropriate by Department or US Forest Service.

5. Any culvert design in a mapped floodplain needs hydrologic modeling to ensure compliance with Wis. Admin. Code ch.NR

116 if applicable.

6. The project may not result in a significant obstruction to stream connectivity.

7. Culvert placement and installation must mimic the natural streambed, width, and gradient above and below the culvert channel. No perched culverts or impounding culverts are permitted.

8. The culvert should be sized and set at an elevation so that water depths, widths, and velocities at the culvert inlet and outlet match the natural water depths, widths, and velocities of the natural stream channel.

9. The inlet and outlet invert elevation of the culvert should be set below the natural stream bottom flow line elevation to allow streambed material to deposit in the bottom of the culvert, or where appropriate, natural streambed material may be added.

10. Culvert inlets may not be capped with screens, bars or any other means which prevent movement of fish or wildlife or collect debris, with the exception of beaver control measures.

11. Culverts shall be designed to prevent washout. Culverts shall be long enough so that road fill does not extend beyond the ends of the culvert. The culvert shall extend at least one foot beyond the fill.

12. If placement of riprap is necessary to protect the stream bank near the ends of the culvert, placement shall include an adequate filter layer or filter fabric.

13. Clean fill material shall be firmly compacted around the culvert. The culvert shall be designed or protected to prevent crushing.

14. Dredging and deposition of sand, gravel or stone on the streambed may be associated with the placement of a culvert provided that the dredging is limited to the volume necessary to bury the culvert as required in this section and for the placement of any proposed in-stream erosion control necessary to protect the stream bank near the ends of the culvert.

15. Unless the waterway is dry for the duration of the construction activities, you must install a diversion channel or pump bypass system upstream and downstream of your construction area, which may include the use of a coffer dam or similar device, unless otherwise directed by the Department.

16. If necessary, cofferdams and temporary channels must be constructed of nonerodable material and secured with rock bags at the bottom of the channel and top of the banks. No earthen cofferdams will be authorized.

17. The temporary diversion of the stream must be shown or described in the plans and the temporary diversion shall not exceed 5 working days, unless authorized by the Department for a longer period of time. Stream flow must be maintained downstream throughout construction time period.

18. Except for a temporary bypass system during construction, the project will not involve the creation, modification, or enhancement of any dam structures.

19. If the culvert placement requires the construction of an approach road, the approach road can be at or above the elevation of the surrounding natural ground elevation (at or above grade).

20. If the culvert placement requires the construction of an approach road, the approach road side slopes must be constructed to facilitate drainage away from the road surface and to minimize runoff flowing directly into the navigable waterway.

21. Placement of approach fill in a floodplain or flood way must meet the standards found in Wis. Admin. Code ch. NR116 if applicable.

BOAT LANDINGS

1. New boat landings must be open to the public.

2. Maintenance or expansion of pre-existing boat landings may be authorized under this section of GP-14-2016 provided all eligibility standards in this section 1G are met except #5.

3. A boat landing shall be designed and constructed to prevent structural failure caused by wave, wind or ice action and shall be maintained in good condition at all times.

4. Material removed or excavated to construct the boat landing must be disposed of in an upland location and may not be placed in a wetland, floodway, or below the ordinary high water mark of any navigable waterway.

5. A boat landing shall consist of any of the following:

a. 6- to 24-inch layer of crushed rock

b. 6- to 18-inch layer of crushed rock capped with 4-inch minimum thickness pre-cast reinforced concrete planks. Pre-cast planks shall be connected to prevent displacement.

c. 6- to 18-inch crushed rock base capped with a cast-in-place reinforced concrete slab.

d. 6- to 18-inch crushed rock base capped with interlocking manufactured or geo composite materials (e.g., concrete block, reinforced turf mat, or similar materials).

6. The placement of a boat landing may not interfere with existing navigational patterns on the waterway.

7. A boat landing may incorporate some type of toe protection at the lakeward end of the landing. Toe protection may not extend above the natural level of the bottom of the waterway.

8. If applicable to the project, cofferdams used for site de-watering shall consist only of clean recoverable materials such as sandbags or plywood sheeting, and all materials shall be removed immediately following project completion.

ADDITIONAL STANDARDS FOR PROJECTS THAT IMPACT WETLANDS

1. This section only applies to a project whose purpose is to do any of the following:

a. Replace or maintain an existing waterway crossing where the replacement or maintenance will result in impacts to wetlands within the project area.

b. Replace, maintain, or expand an existing boat landing where the replacement, maintenance, or expansion will result in impacts to wetlands within the project area.

c. Place, replace, or maintain a fish or wildlife habitat structure on a lake or stream where the project will result in impacts to wetlands within the project area.

d. Add material for stream restoration which will result in impacts to wetlands within the project area.

2. This section does not apply to projects whose purpose is to do any of the following:

a. Place new waterway crossings.

b. Place new public boat landings.

c. Place new recreational trails.

d. Undertake any other activities not listed in Section 1I 1.

Note: These activities may be permitted under existing WDNR wetland general permits or WDNR individual permits for activities proposed to impact wetlands.

3. The project purpose is to replace or maintain a pre-existing waterway crossing or boat landing, place a fish or wildlife habitat structure, or restore a stream.

4. This permit does not authorize any new permanent or temporary roads in wetlands.

5. The proposed project will avoid and minimize wetland impacts to the greatest extent practicable and will cause only minimal adverse environmental impacts.

6. The project shall not result in more than 4356 square feet (0.1 acre) of permanent wetland fill or 0.23 acres of temporary wetland fill for a single and complete project. Disturbance should include only the amount of wetland fill necessary to properly construct and stabilize the project and shall minimize alteration of critical features of waterway or wetland habitats.

7. Projects that impact wetlands must comply with Wis. Admin. Code s. NR 103.

8. Project activities will not take place in or result in adverse impacts to any of the following:

a. Great Lakes ridge and swale complexes.

b. Interdunal wetlands.

c. Coastal plain marshes.

d. Southern sphagnum bogs.

e. Boreal rich fens.

f. Calcareous fens.

9. The project will be constructed in a manner that will maintain wetland hydrology in the remaining wetland complex.

10. To the greatest extent practicable, the activity shall not result in adverse impacts to any of the following:

a. Fishery spawning habitat, including unobstructed fish passage.

b. Bird breeding areas.

c. Movement of species that normally migrate from open water to upland or vice versa (i.e., amphibians, reptiles and mammals) as determined by the Department.

11. Temporary wetland excavation activities shall segregate topsoil from subsoil. Topsoil shall be replaced to its original stratum. Subsoil shall be removed or replaced to its original stratum.

12. To avoid topsoil and subsoil mixing, the vehicles and equipment used in wetlands shall work from construction mats, or shall be low ground pressure equipment, or shall work only during dry conditions.

13. Final site stabilization in wetlands requires the re-establishment of native or preexisting perennial vegetation to at least 70 percent vegetative cover.

STANDARD PERMIT CONDITIONS

1. You must notify Wendy Henniges at phone (715) 499-1608 or email wendy.henniges@wisconsin.gov before starting construction and again not more than 5 days after the project is complete.

2. You must complete the project as described on or before . If you will not complete the project by this date, there is no opportunity for an extension and you must apply for a new permit.

3. Your signed certification does not authorize any work other than what you specifically describe in your application and plans, and as modified by the conditions of your signed certification. If you wish to alter the project, you must first obtain written approval of the Department.

4. Before you start your project, you must first obtain any permit or approval that may be required for your project by local zoning ordinances and by the U.S. Army Corps of Engineers. You are responsible for contacting these local and federal authorities to determine if they require permits or approvals for your project. These local and federal authorities are responsible for determining if your project complies with their requirements.

5. Upon reasonable notice, you shall allow access to your project site during reasonable hours to any Department employee who is investigating the project's construction, operation, maintenance or permit compliance.

6. The Department may modify or revoke your signed certification for good cause, including if the project is not completed according to the terms of the eligibility standards and conditions for the activity or if the Department determines the activity is detrimental to the public interest.

7. You must post a copy of your signed certification at a conspicuous location on the project site, visible from the waterway, for at least five days prior to construction, and remaining at least five days after construction. You must also have a copy of your signed certification and plan available at the project site at all times until the project is complete.

8. Your acceptance of this letter and efforts to begin work on this project signify that you have read, understood and agreed to follow all conditions of your signed certification.

9. You shall maintain the project in good condition and in compliance with the terms and conditions of your signed certification, NR 320, Wis. Admin. Code and s. 30.206, Stats.

10. This project shall comply with all conditions identified in Wisconsin Administrative Code NR 320, and identified in the

Instructions for the General Permit application.

11. You must submit a series of photographs to the Department, within one week of completing work on the site. The photographs must be taken from different vantage points and depict all work authorized by this permit.

12. You, your agent, and any involved contractors or consultants may be considered a party to the violation pursuant to

Section 30.292, Wis. Stats., for any violations of Chapter 30, Wisconsin Statutes, or this permit.

13. Construction shall be accomplished in such a manner as to minimize erosion and siltation into surface waters. Erosion control measures (such as silt fence and straw bales) must meet or exceed the technical standards of ch. NR 151, Wis.

Admin. Code. The technical standards are found at: http://dnr.wi.gov/topic/stormwater/standards/const_standards.html.

14. All equipment used for the project, including but not limited to tracked vehicles, barges, boats, silt or turbidity curtain, hoses, sheet pile, and pumps shall be de-contaminated for invasive and exotic viruses and species prior to use and after use.

The following steps must be taken every time you move your equipment to avoid transporting invasive and exotic viruses and species. To the extent practicable, equipment and gear used on infested waters shall not be used on other non-infested waters.

1. Inspect and remove aquatic plants, animals, and mud from your equipment.

2. Drain all water from your equipment that comes in contact with infested waters, including but not limited to tracked vehicles, barges, boats, silt or turbidity curtain, hoses, sheet pile and pumps.

3. Dispose of aquatic plants, animals in the trash. Never release or transfer aquatic plants, animals or water from one waterbody to another.

4. Wash your equipment with hot (>104º F) and/or high pressure water,

- OR -

Allow your equipment to dry thoroughly for 5 days.