phase III- Permit Issue 5-3-10.doc

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

05/03/2010 <IP-WC-2010-63-00616>

Ms. Judith L.A. DesHarnais <St Paul Dist Corps of Engineers> <>190 -5th St East Suite 401

<St Paul, MN 55101> Dear< Ms. DesHarnais >:

We have reviewed your application for a Chapter 30 permit and Water Quality Certification <to place habitat structures (islands) on the bed of> the Mississippi River-<Pool 8>, located in <><><Vernon> 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.

Please note you are required to submit photographs of the completed project within 7 days after you've finished construction. This helps both of us to document the completion of the project and compliance with the permit conditions.

Your next step will be to 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:

<Bruce Norton >, Project Manager, <(507) 895-8059>, <La Crescent, MN >, U.S. Army Corps of Engineers

<Vernon> County Zoning Administrator

Conservation Warden

STATE OF WISCONSIN

DEPARTMENT OF NATURAL RESOURCES

<IP-WC-2010-63-00616>

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 <30.12(3m)> Wisconsin Statutes and Water Quality Certification under <Section 401 of the Federal Clean Water Act>, Section 281.15, Wisconsin Statutes and Chapter NR 299, Wisconsin Administrative Code <to dredge and place structures on the bed><>< of ><Pool 8>, located in<><> <Vernon> County. This is the final stage of the pool 8 Phase III Island Rehabilitation and Enhancement project. These three islands are identified on the plans as C6, C7, and C8 and would be constructed of sand, fine material and protected with rock riprap, rock groins, and rock vanes.

The project is located west of Stoddard, Wisconsin in <Section 31, Township 14 North, Range 7 West>. The project is 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 May 4, 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 plans, and as modified by the conditions of this permit. If you wish to alter the project or permit conditions, you must first obtain written approval of the Department.

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 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. Erosion control measures such as silt fence and straw bales must meet or exceed the standards in the Wisconsin Construction Site Best Management Practices Handbook.

12. Borrow areas used for the construction of island bases and the construction pads (granular fill material) shall be comprised primarily of course material with a maximum fine content of 10% (P200 < 10%). Granular fill shall be obtained from a select reach of Middle Slough, the main channel dredge material placement site (8-694.4-LWT) above Brownsville, or the main channel below Coon Creek (RM 683.3 - 684.3). The cut elevation for granular fill material obtained from Middle Slough shall not be less than 614.0 ft msl. The cut elevation for granular fill material obtained from the main channel below Coon Creek (RM 683.3 to 684.3) shall not be less than 602.5 ft msl. Utilization of other sources of granular fill for this project will require Department approval before dredging commences. The main channel and Middle Slough dredge cuts shall follow those defined in the March 22, 2010 construction drawings.

13. Middle Slough Granular Borrow Site – The plans are to remove the fines overburden to expose the coarse materials in Middle Slough. The applicant shall verify that the exposed coarse materials will meet our sediment criteria (P200 < 10%) once the fine overburden has been removed from middle slough. The applicant should layout the cut on a map and provide a sufficient number of borings showing that the proposed granular cut meets these criteria prior to dredging to obtaining granular material.

14. Fine and Random Material Fill Borrow Sites - Fine material shall be obtained from Stoddard Bay and/or Schnick’s Bay fine borrow areas. Random fill shall be obtained from access dredging and/or removal of overburden within Middle Slough This certification assumes that the fine and random material dredging will be accomplished utilizing mechanical dredging equipment. The fine and random fill borrow locations shall follow those defined in the March 2010 construction drawings. Utilization of other sources of fines or random fill, including dredge materials excavated to obtain access to the project area, will require Department approval before dredging commences.

14. Hydraulic placement of granular fill, fine fill or random fill shall utilize properly designed and operated containment cells to capture solids to achieve the specified effluent limitations described below.

15. Hydraulic carriage water monitoring requirements and effluent limitations identified in Table A shall be met. Monitoring results shall be reported to the Department in writing on a weekly basis. Samples requiring laboratory analysis shall be analyzed within five days of sample collection.

16. A plan of operation for material placement on islands shall be provided before dredging begins. This plan shall include a description of the specific structures used to regulate or control carriage water discharges to the river, outfall locations, hours of operation, embankment integrity inspections, and other monitoring and operational procedures necessary to meet the limitations specified in this certification.

17. Samples of carriage water discharge during periods of fines or random fill placement (island topsoils) shall be representative of the effluent discharged to surface waters. If carriage water is discharged from multiple sites, all sites must be monitored and meet the specified effluent limitations provided in Table A. The background monitoring site shall be at the head end of the Raft Channel near River Mile 687.9.

18. The use of polymers or other chemical aids for solids settling shall require Department approval prior to their use. In order to facilitate this review, information concerning the specific compound(s) to be used, usage rates, method of addition, effective concentration, and appropriate aquatic toxicity information shall be provided. Please allow 10 business days to obtain this approval.

19. Hydraulically placed materials on islands shall cease immediately if containment berms are breached or when effluent limits are obviously not being achieved as indicated by high solids settling test results. Any breaches or failures in the containment berms or outfall structures shall be reported to the Department in writing within 24 hours of their discovery.

20. Unless otherwise approved by the Department, the project shall be constructed and completed as designed and described in the March 22, 2010 Construction Documents.

21. 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 should 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 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. <St. Paul Dist Corps of Engineers> has filed an application to <construct three islands on the bed of> <Pool 8>, located in<><> <Vernon> County, also described as <S31, T14N, R7W>.

2. The project will consist of three islands are identified on the plans dated March 22, 2010 as C6, C7, and C8 and would be constructed of sand, fine material and protected with rock riprap, rock groins, and rock vanes. On two of the islands (C6 and C7) sand tips would be constructed on both ends of each island. A portion of island C8 would be constructed as a rock sill.

3. Granular fill material for the islands would come from a select reach of Middle Slough, the main channel dredge material placement site (8-694.4-LWT) above Brownsville, or the main channel below Coon Creek (RM 683.3 - 684.3). This material may be transferred to the project site either mechanically or hydraulically. Fine material would come from Schnicks Bay or from a designated area in Stoddard Bay. Fine material would be transferred mechanically.

4. Construction access pads may be used to for the island construction to minimize or eliminate the need for access dredging. Six temporary sand construction pads are identified with a maximum individual footprint of 100 feet by 250 feet.

5. Access channels have also been identified that may be dredged with a bottom width of 80 feet to elevation 625.0 (1912 datum)

6. The Department has completed an investigation of the project site and has evaluated the project as described in the application and plans.

7. 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.

8. 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, 281.15, <30.12(3m)>, Wisconsin Statutes and Chapters NR 102, 103, 115, 116, 117, 150, 299 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 <05/03/2010>.

STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES

For the Secretary

By _________________________________

<Dave Pericak>

Water Management Coordinator

Table A

Water Quality Limitations for Carriage Water Discharges Associated with Fines or

Random Fill Placement for the Islands and Mud Flats Construction for the Pool 8

Islands Phase III Stage 3B EMP Project below Stoddard, Wisconsin

Dissolved

Period

Oxygen (DO) mg/L

(daily min.)

March-November

5.0a

aTo be met 500 ft from the carriage water discharge in the discharge plume.

If background concentrations are less than this value, the background concentrations shall be met.

bTo be met at the point of carriage water discharge or the outfall structure if the discharge pipe is submerged. The sample shall be representative of the discharge. When mud flats are used to contain fines, the limit shall be met at the point of discharge from the mud flat containment cells.

Table A - Continued

Monitoring Requirements

Monitoring Site

Water Quality

Sampling

Location

Measurements

Frequency

Background

DO, Temp., TSS

1/week

Main Chan. RM 685

Effluent Plume

DO, Temp.

3/week

500 ft below outfall1

including containment cell effluents

Settling Test3

Daily

1Samples shall be collected at mid-depth.

2 Ammonia nitrogen analysis is not required if the carriage water effluent pH is less than 8.0.

3A daily solids settling test shall be conducted during periods of carriage water discharge.

The test involves placing 100 milliliters of carriage water into a 100 milliliter graduated cylinder and acidifying to a pH of less than 3.0. The volume of sediment accumulating at the bottom of the cylinder after 15 minutes of settling shall be recorded.

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