Anticipated Conditions - LD3 WDNR Permit and Water Quality Certification.doc

Anticipated Conditions: Wisconsin DNR Permit and Water Quality Certification

(Conditions apply to both Chapter 30 permit and WQC and hereafter are referred to as “permit”. The term “you” refers to the Corps of Engineers (COE). However, Offerors are reminded that the contract requires the Contractor to comply with the terms and conditions of all applicable permits and authorizations, whether obtained by the Government or the Contractor.)

1. You must notify Dave Pericak of the WDNR 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 commencing physical work on 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 must submit a series of photographs to the Department, within one week of completion of work on the site. The photographs must be taken from different vantage points, including aerials and depict all work authorized by this permit.

10. 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.

11. Construction shall be accomplished in such a manner as to minimize erosion and siltation into surface waters and as specified in the plans and procedures that are part of or approved pursuant to this permit. All erosion control measures must meet or exceed the approved Stormwater Construction Technical Standards found on the Department’s Runoff Management Website http://dnr.wi.gov/org/water/wm/nps/stormwater/techstds.htm#Construction developed by the Department under Wis. Admin. Code Ch. NR 151.31

12. The landward side of the mussel bed(s) in the tailwater has been surveyed. The location of this mussel bed should be reidentifed onsite and a 20 feet buffer shall be marked to show the maximum waterward limit of construction. Buoys or other visible marking shall be placed and maintained in the proper location during project construction.

13. The Lower Embankment Shoreline is very unique and provides valuable habitat for a variety of fish, mussels, reptiles, amphibians, birds and mammals. The shoreline is very irregular, consisting of some riprap, natural exposed sand bank, downed trees, and a mature floodplain forest. The irregularity (sinuosity) of the natural shoreline and the riprap that has been placed has been discussed with the COE as an important feature to replace when the lower embankment is constructed. The 2000 feet long rock spillway is the segment of the embankment that should be reconstructed with a sinuosity that mimics and in some cases enhances the existing condition. The Gantenbein Lake Spillway shall be designed to be sinuous and to generally follow the existing shoreline. The goal of the design is to provide more diverse main channel border aquatic habitat conditions. The sinuosity should be incorporated into construction in a manner that provides diversity through the continuum of typical seasonal river elevations, extending from the top of bank to an elevation of 661.0 feet which is at least 6 feet below the LCP elevation of 667.0 feet. Irregularity should occur at more-or-less random intervals along the length of the spillway to make the shoreline appear more natural, rather than occurring as either a single feature or features at regular intervals.

14. Large woody debris (whole trees with roots attached) shall be placed on the river-ward slope from elevation 672.0 down the slope to near the toe of the embankment. The woody debris shall be anchored on top of the embankment slope with additional rock. Two to three trees per installation shall be placed together and anchored with rock. Two rows of woody debris installations shall be staggered along the embankment with a spacing of 200 feet along the embankment alignment and a spacing of 30 feet perpendicular to the embankment alignment.

15. The rock, riverward slope of the 2000 feet long spillway will be chinked with smaller sized material in bands 20 feet wide every 200 feet to provide pathways for small animal movement.

16. No construction activity, vegetation disturbance, or operation of equipment/vehicles is allowed in the area of the lower embankment between the upper and lower spillways.

17. A channel shall be constructed along the Gantenbein Lake spillway that allows fish access between the river and Gantenbein Lake when the tailwater water surface is near the crest of the spillway. The crest elevation of the channel bottom shall be at elevation 673.7. The channel bottom will be designed and constructed so that the upstream six feet of the crest is at elevation 673.7 with the remainder of the crest, to where the crest intersects the 3:1 slope of the spillway, having a 5 percent slope towards the Mississippi River. No structures shall be constructed over the channel that would obstruct navigation between Gantenbein Lake and the Mississippi River.

18. Eagle nests have been identified in the vicinity of the project. Corps and Department biologists will visit the site in the spring of each year of construction to identify actively-used eagle nests. No activity shall take place within ¼ mile of an actively-used nest from March 1 to May 1. No activity shall take place with 1/8 mile of an actively-used eagle nest after May 1 until Corps and Department biologists have determined the nests have been vacated. After the eagle nests have been vacated, construction activity may resume in the vicinity of the eagle nests.

19. If river access is used to deliver materials or equipment to the construction site, the access point(s) shall be approved by the Department. A plan should be submitted that includes the locations, and materials to construct landing pad(s). All materials related to the landing areas/pads shall be removed upon completion of the project.

20. Trees to be protected shall be marked prior to construction and measures shall be implemented to prevent root damage.

21. You must not deposit or store any of the removed materials in any wetland or below the ordinary high watermark of any waterway, except for temporary storage within the project work limits or staging areas. All removed materials must be placed out of the floodway of any stream. This material shall be hauled to a suitable disposal site approved by the Department.

22. 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 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 Upper and 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.