Attachment 7 NI Amendment 2.pdf

Request for Proposals (Phase II) Lock and Dam #3 Navigation Improvements

Design‐Build Procurement

September 2009

Attachment 7 – Other Information, Part 2

U.S. ARMY CORPS OF ENGINEERS

St. Paul District

W912ES‐09‐R‐0025

West Central Region Headquarters 1300 W. Clairemont Avenue

PO Box 4001 Eau Claire, Wisconsin 54702-4001

Telephone 715-839-3700

FAX 715-839-6076

TTY Access via relay - 711

Jim Doyle, Governor Matthew J. Frank, Secretary Scott Humrickhouse, Regional Director

10/14/2009 IP-WC-2009-48-03926

Ms. Judith L.A. DesHarnais, P.E.

Deputy for Programs and Project Management St Paul District Corps of Engineers 190 5th Street East, Suite 401 St. Paul, MN 55101

Dear Ms. DesHarnais:

We have reviewed your application to remove materials from the bed of Mississippi River

- Pool No.3, just upstream from the gated part of the dam, located in the Town of Diamond Bluff, Pierce County. You will be pleased to know your application is approved with a few limitations.

I am attaching a copy of your permit which lists the conditions which must be followed. A copy of the permit must be posted for reference at the project site. Please read your permit conditions carefully so that you are fully aware of what is expected of you.

Since this project construction will be accomplished with a design - build contract there is a condition # 3 that requires that the COE submit the plans developed by the contractor to the Department for review and approval prior to starting the project.

Your next steps will be to submit these plans to the Department for approval and then notify me of the date on which you plan to start construction and again after your project is complete.

If you have any questions about your permit, please call me at (608) 785-9108.

Sincerely, Dave Pericak Water Management Coordinator cc: Pierce County Zoning Administrator Conservation Warden Minnesota DNR

USFWS

wisconsin.gov Printed on

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STATE OF WISCONSIN

DEPARTMENT OF NATURAL RESOURCES IP-WC-2009-48-03926

Chapter 30 Permit and Water Quality Certification Lock and Dam 3 – Navigation Safety Dredging

United States Army Corps of Engineers, Attention: Ms. Judith L.A. DesHarnais, P.E., Deputy for Programs and Project Management, St Paul District Corps of Engineers, 190 5th Street East, Suite 401St. Paul, MN 55101 is hereby granted a permit under Section 30.20(2), Wisconsin Statutes and Water Quality Certification under 401 of the Clean Water Act, and Chapter NR 299 Wisconsin Administrative Code., to remove materials from the bed of the Mississippi River - Pool No.3. The project is located upstream from the gated part of the dam between river miles 796.9 and 797.5 in the Town of Diamond Bluff, Pierce County, also described as Section 31, Township 25 North, Range 18 West subject to the following conditions:

Permit and Water Quality Certification

(Conditions apply to both Chapter 30 permit and WQC and hereafter are referred to as “permit”)

1. You must notify Dave Pericak at phone (608) 785-9108 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 10/14/2012. If you will not complete the project by this date, you must submit a written request for an extension prior to the expiration date of the permit. Your request must identify the requested extension date and the reason for the extension. A permit extension may be granted, for good cause, by the Department. You may not begin or continue construction after the original permit expiration date unless the Department grants a new permit or permit extension in writing.

3. This permit does not authorize any work other than what you specifically describe in your application and conceptual plans, and as modified by the conditions of this permit. Since this project is being built with a design /build contract, the COE shall submit the detailed plans developed by the contractor to the Department for approval prior to starting the project. If you wish to alter the project or permit conditions, you must first obtain written approval of the Department. This may require an amendment to the permit depending on the significance and extent of the change(s).

4. You are responsible for obtaining any permit or approval that may be required for your project by local zoning ordinances and by the U.S. Army Corps of Engineers before starting your project.

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 this permit if the project is not completed according to the terms of the permit, or if the Department determines the activity is detrimental to the public interest.

7. You must post a copy of this permit 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 the permit and approved plan available at the project site at all times until the project is complete.

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

9. 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.

10. The dredging, placement activity, and rock capping shall only occur during periods of low river flow (less than 20,000 cfs).

11. Placement of sediment should be limited to sediments with greater than 90% sand contents (P200 < 10%). This is consistent with island projects that have been constructed as part of the habitat projects under the Environmental Management Program. The COE shall monitor sediment transport by periodically measuring TSS concentrations upstream and downstream of the project area during periods of dredging and sediment placement. Depth-integrated sampling will be necessary to adequately evaluate movement of sediment.

12. The dredging, dredge material placement activity, and rock capping shall not occur between March 15 and May 15 of any year to minimize impacts to fish spawning.

13. Bottom materials must be removed by equipment, which is designed to minimize the amount of sediment that can escape into the water. Equipment must be properly sized so that excavation conforms to the plans submitted.

14. You must not deposit or store any of the removed materials in any wetland or below the ordinary high watermark of any waterway except where specifically approved.

15. 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. This condition does not apply to equipment that is at a different location on the Mississippi River and will site be transported within the same waterway to the site and vice versa. This condition does not apply to equipment that is moved within the project site including the Lower Embankment project and navigation safety project provided the equipment was properly treated prior to arriving at the site.

The following steps should be taken every time you move your equipment from the project site to avoid transporting invasive and exotic viruses and species. To the extent practicable, equipment and gear used on infested waters should 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. Ms. Judith L.A. DesHarnais, P.E., Deputy for Programs and Project Management, St Paul District Corps of Engineers, 190 5th Street East, Suite 401St. Paul, MN 55101 has filed an application on behalf of the United States Army Corps of Engineers to remove materials from the bed of Mississippi River - Pool No.3. The project is located upstream from the gated part of the dam between river miles 796.9 and 797.5 in the Town of Diamond Bluff, Pierce County, also described as Section 31, Township 25 North, Range 18 West.

2. The project will consist of mechanically excavating 118,000 cubic yards of river bed material in the main channel above the gated portion of the dam. The material will be loaded on barges and redeposited in the lock approach and capped with rock. This dredging is being done as part of a navigation improvement project to reduce the out draft current with a goal to reduce the risk of navigation accidents that could result in a failure of LD 3. The dredging portion of the project is in Wisconsin and the material placement and a lock guidewall extension is in Minnesota. The dredging would deepen an area about 30 acres to elevation 655.0 feet. The sideslopes of the dredged area will be 5 horizontal to 1 vertical. The Pool 3 project pool level is 675.0 feet resulting in a 20 feet depth in the dredged area.

3. The dredging, redepositing of material, and capping with rock would only occur during periods of low flow (< 20, 000 cfs) to minimize the ability for sediment to be carried downstream.

4. The Department has completed an investigation of the project site and has evaluated the project as described in the application and conceptual documents dated July 2009. The COE will be awarding a design/build contract to a contractor who will develop detailed plans and specification for the project. The detailed plans will be submitted to the Department for approval prior to starting the project.

5. Sediment cores were obtained from the dredging area and these samples were analyzed for bulk chemistry and particle size gradation. Results of the analysis indicate that there doesn’t appear to be contaminants of concern in the proposed dredge cut. It is likely that migration of fine sediments will occur during dredging and sediment and rock placement due high current velocity that can be expected in the main channel or main channel border areas. Since the proposed dredge cut is in a reach of river that has been placed on Minnesota’s and Wisconsin’s impaired waters list for excessive turbidity or sediment, appropriate sediment controls are necessary to reduce downstream transport of sediment to protect downstream aquatic life.

6. The proposed project, if constructed in accordance with this permit will not adversely affect water quality, will not increase water pollution in surface waters and will not cause environmental pollution as defined in s. 283.01(6m), Wis. Stats.

7. The Department of Natural Resources and the applicant have completed all procedural requirements and the project as permitted will comply with all applicable requirements of Sections 1.11, 30.20(2), Wisconsin Statutes and Chapters NR 102, 103, 115, 116, 117, 150, 299, 345, and 347 of the Wisconsin Administrative Code.

CONCLUSIONS OF LAW

1. The Department has authority under the above indicated Statutes and Administrative Codes, to issue a permit for the construction and maintenance of this project.

NOTICE OF APPEAL RIGHTS

If you believe that you have a right to challenge this decision, you should know that the Wisconsin statutes and administrative rules establish time periods within which requests to review Department decisions shall be filed. For judicial review of a decision pursuant to sections 227.52 and 227.53, Wis. Stats., you have 30 days after the decision is mailed, or otherwise served by the Department, to file your petition with the appropriate circuit court and serve the petition on the Department. Such a petition for judicial review shall name the Department of Natural Resources as the respondent.

To request a contested case hearing of any individual permit decision pursuant to section 30.209, Wis. Stats., you have 30 days after the decision is mailed, or otherwise served by the Department, to serve a petition for hearing on the Secretary of the Department of Natural Resources, P.O. Box 7921, Madison, WI, 53707-7921. The petition shall be in writing, shall be dated and signed by the petitioner, and shall include as an attachment a copy of the decision for which administrative review is sought. If you are not the applicant, you must simultaneously provide a copy of the petition to the applicant. If you wish to request a stay of the project, you must provide information, as outlined below, to show that a stay is necessary to prevent significant adverse impacts or irreversible harm to the environment. The filing of a request for a contested case hearing is not a prerequisite for judicial review and does not extend the 30-day period for filing a petition for judicial review. If you are not the permit applicant, you must provide a copy of the petition to the permit applicant at the same time that you serve the petition on the Department.

A request for contested case hearing must meet the requirements of section 30.209, Wis. Stats., and section NR 310.18, Wis. Adm. Code, and must include the following information:

1. A description of the Department’s action or inaction which is the basis for the request; and,

2. A description of the objection to the decision that is sufficiently specific to allow the department to determine which provisions of Chapter 30, Wis. Stats., may be violated; and

3. A description of the facts supporting the petition that is sufficiently specific to determine how you believe the project may result in a violation of Chapter 30, Wis. Stats.; and,

4. Your commitment to appear at the contested case hearing, if one is granted and present information supporting your objection.

5. If the petition contains a request for a stay of the project, the petition must also include information showing that a stay is necessary to prevent significant adverse impacts or irreversible harm to the environment.

Dated at La Crosse Service Center, Wisconsin on 10/14/2009.

STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES

For the Secretary

By _________________________________ Dave Pericak Water Management Coordinator