Self Cert GP- Luna-Whitedeer camp drive.pdf

State of Wisconsin

DEPARTMENT OF NATURAL RESOURCES

Tony Evers, Governor Preston D. Cole, Secretary

Telephone 608-266-2621 Toll Free 1-888-936-7463

TTY Access via relay - 711

01/25/2022

Sara Sommer GP-NO-2022-21-00387 USFS Hydrologist Sent via email

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 the Luna-White Deer Campground in Forest County.

You have certified that your project meets the eligibility criteria for this activity. Based upon your signed certification you may proceed with your project. Please take this time to re-read the permit standards and conditions. You are responsible for meeting all general permit eligibility standards and permit conditions. This includes notifying the Department before starting the project, and submitting photographs within one week of project completion. We have not reviewed your plans for compliance with installation and construction standards. You are responsible for ensuring that the project meets all eligibility standards described on the attached checklist. Please note that your project must be complete within 3 years of the date of this letter.

The Department conducts routine and annual compliance monitoring 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, Jon Simonsen at 715-367-1936 or email Jonathan.simonsen@wisconsin.gov to discuss your proposed modifications. If you fail to comply with state statutes and code, the Department has the authority to pursue enforcement which could include site restoration and fines.

The Department of Natural Resources appreciates your willingness to comply with waterway regulations, which help to protect the water quality, fish and wildlife habitat, natural scenic beauty and recreational value of Wisconsin’s water resources for future generations. You are responsible for obtaining any other local, state or federal permits that are required before starting your project.

Sincerely, Jon Simonsen Water Management Specialist mailto:Jonathan.simonsen@wisconsin.gov

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). To determine if a waterway is a trout stream, you may use the WDNR website trout maps which can be found at http://dnr.wi.gov/topic/fishing/trout/streammaps.html.

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

The regional Department Fisheries Biologist, the Forest Service Fish Biologist, or the Department/Forest Service Fisheries Liaison may waive or modify timing restrictions in writing. To find your biologist and request in writing a waiver or modification of fish spawning timing restrictions for your project, use the WDNR website at: http://dnr.wi.gov/topic/fishing/people/index.html.

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).

Additional Standards for Projects that May 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.

SELF CERTIFICATION CONDITIONS

1. You must notify Jon Simonsen at phone 715-367-1936 or email Jonathan.simonsen@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 2027. 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.

mailto:Jonathan.simonsen@wisconsin.gov

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.

FINDINGS OF FACT

1. The Department has determined that your signed certification of the project site and project plans meet the standards in s. 30.206, Stats. and ch. NR 320, Wis. Adm. Code., to qualify for this General Permit.

2. The proposed project will not injure public rights or interests, cause environmental pollution as defined in s. 299.01(4), Wis. Stats., or result in material injury to the rights of any riparian owner, if constructed in accordance with your signed certification.

3. The Department and the applicant have completed all procedural requirements, and the project as described in your signed certification will comply with all applicable requirements of Section 30.206, Wis. Stats., and Chapters NR 102, 103, 150, 299, 310 and 320 if carried out as proposed.

CONCLUSIONS OF LAW

1. The Department has authority under ch. 30, Wis. Stats., and ch. NR 320, Wis. Adm. Code, to grant approval for the construction and maintenance of this project.

2. The Department has complied with s. 1.11, Wis. Stats.