01_57_20.00_13_Attachment_3_AMENDED_DNR_issued_2010-0396_permit.pdf

Permit Number

2010-0396

Amended

MINNESOTA DEPARTMENT OF NATURAL RESOURCES

Public Waters Work Permit Expiration Date: 04/04/2019

Pursuant to Minnesota Statutes, Chapter 103G, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform actions as authorized below. This permit supersedes the original permit and all previous amendments.

Resource:Watershed:County:Project Name:

N/A Roseau Roseau River Stream/River: Roseau River

(RR) (68016a)

Authorized Action:Purpose of Permit:

Protection Levee Fill, Intake/Outfall Structure

Original Permit: Roseau East Diversion Flood Mitigation

Project-Reach 2A Outlet: Construct an outfall structure; regrade sloped of banks by excavating approximately 2,750 cubic yards of earthen material and armoring the banks with 1,385 cubic yards of natural rock rip-rap and 515 cubic yards of bedding along 300 linear feet of the Roseau River. All work must be done in accordance with the permit application and plans dated

February 10, 2010.

Amendment: Reach 1-Roseau River East Diversion Restriction

Bridge and Diversion Inlet: Complete Reach 1 of the diversion channel from Station 15+21.28 to Station 80+37.59, channel will consist of sheet pile weir beginning at Station 74+90 to

Station 76+90, rip-rapping slopes on both upstream and downstream of the weir. During construction of the diversion inlet, a unexcavated plug of earth must be left at the end of the sheet pile weir starting at Station 77+31 to Station 80+37.59.

Earthen plug will be at an elevation of the existing ground or at about 1049. The unexcavated earthen plug will not be removed until the entire diversion channel has achieved final stabilization with perennial vegetation or unless authorized through written approval by the DNR Area Hydrologist. (See attached plan sheets C101-C103 and C204 for stationing and elevations).

Restriction Bridge: The restriction bridge will be installed in conjunction with the work on the diversion channel. The restriction bridge work will begin at Station 5+00 to 6+50 (See attached plan sheet C404 for stationing and elevations).

All work is to be completed based on the plans designed by

Wayne Wambold, dated 06-20-2011 and the application from the City of Roseau dated February 28, 2014.

N/AROSEAU, CITY OF

CONTACT: PETERSON, TODD, (218) 463-5003

1198 CENTER ST W

BOX 307

ROSEAU, MN 56751

(218) 463-2351

Permittee: Authorized Agent:

Property Description (land owned or leased or where work will be conducted):

UTM zone 15N, 299863m east, 5418638m north, NWNE of Section 6, T162N, R39W

Area HydrologistStephanie Klamm

Expiration Date:Effective Date:Issued Date:Title:Authorized Issuer:

04/04/201904/18/201404/18/2014

This permit is granted subject to the following CONDITIONS:

APPLICABLE FEDERAL, STATE, OR LOCAL REGULATIONS: The permittee is not released from any rules, regulations, requirements, or standards of any applicable federal, state, or local agencies; including, but not limited to, the U.S. Army

Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency, watershed districts, water management organizations, county, city and township zoning.

NOT ASSIGNABLE: This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources.

NO CHANGES: The permittee shall make no changes, without written permission or amendment previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder.

SITE ACCESS: The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder.

TERMINATION: This permit may be terminated by the Commissioner of Natural Resources at any time deemed necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the conditions or applicable laws, unless otherwise provided in the permit.

COMPLETION DATE: Construction work authorized under this permit shall be completed on or before the date specified above. The permittee may request an extension of the time to complete the project by submitting a written request, stating the reason thereof, to the Commissioner of Natural Resources.

WRITTEN CONSENT: In all cases where the permittee by performing the work authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests needed for the work.

PERMISSIVE ONLY / NO LIABILITY: This permit is permissive only. No liability shall be imposed by the State of

Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable conditions.

EXTENSION OF PUBLIC WATERS: Any extension of the surface of public waters from work authorized by this permit shall become public waters and left open and unobstructed for use by the public.

WETLAND CONSERVATION ACT: Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations, the permittee shall not initiate any work under this permit until the permittee has obtained official approval from the responsible local government unit as required by the Minnesota Wetland Conservation Act.

CONTRACTOR RESPONSIBILITY: The permittee shall ensure the contractor has received and thoroughly understands all conditions of this permit. Contractors must obtain a signed statement from the property owner stating that permits required for work have been obtained or that a permit is not required, and mail a copy of the statement to the regional DNR

Enforcement office where the proposed work is located. The Landowner Statement and Contractor Responsibility Form can be found at: http://www.bwsr.state.mn.us/wetlands/wca/index.html#general.

INVASIVE SPECIES - EQUIPMENT DECONTAMINATION: All equipment intended for use at a project site must be free of prohibited invasive species and aquatic plants prior to being transported into or within the state and placed into state waters. All equipment used in designated infested waters, shall be inspected by the Permittee or their authorized agent and adequately decontaminated prior to being transported from the worksite. The DNR is available to train inspectors and/or assist in these inspections. For more information refer to the "Best Practices for Preventing the Spread of Aquatic

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CONDITIONS (Continued from previous page)

Invasive Species" at http://files.dnr.state.mn.us/publications/ewr/invasives/ais/best_practices_for_prevention_ais.pdf.

Contact your regional Invasive Species Specialist for assistance at www.mndnr.gov/invasives/contacts.html. A list of designated infested waters is available at http://files.dnr.state.mn.us/eco/invasives/infested_waters.pdf. A list of prohibited invasive species is available at www.mndnr.gov/eco/invasives/laws.html#prohibited.

CONSTRUCTION DEWATERING - GENERAL: All construction dewatering in excess of 10,000 gallons per day or one million gallons per year must be authorized by a separate water appropriation permit. All worksite discharge water must be treated for sediment reduction prior to return to the surface water. Water from designated infested waters shall not be diverted to other waters, transported on a public road, or transported or appropriated off property riparian to infested waters without a DNR permit specifically for this use. All equipment in contact with infested waters must be decontaminated upon leaving the site.

EROSION AND SEDIMENT CONTROL: In all cases, methods that have been determined to be the most effective and practical means of preventing or reducing sediment from leaving the worksite shall be installed in areas that slope to the water and on worksite areas that have the potential for direct discharge due to pumping or draining of areas from within the worksite (e.g., coffer dams, temporary ponds, stormwater inlets). These methods, such as mulches, erosion control blankets, temporary coverings, silt fence, silt curtains or barriers, vegetation preservation, redundant methods, isolation of flow, or other engineering practices, shall be installed concurrently or within 24 hours after the start of the project, and will be maintained for the duration of the project in order to prevent sediment from leaving the worksite. DNR requirements may be waived in writing by the authorized DNR staff based on site conditions, expected weather conditions, or project completion timelines.

EROSION AND SEDIMENT CONTROL - SILT CURTAIN: Any work below the water level shall be encircled by a flotation sediment curtain to prevent sediment from being transported beyond the construction site. An example of an appropriately constructed silt curtain is illustrated in Chapter 6.32 Treatment Measures: Flotation Silt Curtains, found in the document

Protecting Water Quality in Urban Areas (2000), at www.pca.state.mn.us/index.php/view-document.html?gid=7157.

Curtain should be held close to shoreline, encircling the work area, and not interfere with main flows in channels. The barrier shall be removed upon completion of the work after the silt has settled.

EXCAVATED MATERIALS - FLOODPLAIN CONCERN: Excavated material shall not be permanently placed within community designated floodplain areas or shoreland areas, unless all necessary local permits and approvals have been obtained.

FISHERY PROTECTION - EXCLUSION DATES: No activity affecting the bed of the protected water may be conducted between March 15 and June 15, to minimize impacts on fish spawning and migration. If work during this time is essential, it shall be done only upon written approval of the Area Fisheries Manager. See contact list at:

http://files.dnr.state.mn.us/fisheries/management/dnr_fisheries_managers.pdf. Should work begin elsewhere in the project area within these dates, all exposed soils that are within 200 feet of Public Waters and drain to those waters must complete erosion control measures within 24 hours of its disturbance to prevent sediment from entering Public Waters.

EXCAVATED MATERIALS - RUNOFF CONCERN: Excavated materials must be deposited or stored in an upland area, in a manner where the materials will not be redeposited into the public water by reasonably expected high water or runoff.

Departure from any previously approved spoil disposal plans may be allowed only through permit amendment.

SMOOTH TRANSITION / MINIMUM ENCROACHMENT: At each end of the stabilized shoreline, the finished slope of the riprap shall be varied in a fashion to produce a smooth transition with the natural shoreline. Also, riprap encroachment into the water is to be limited to the minimum amount necessary and shall not create an obstruction to normal flows.

DIVERSION INLET PLUG: The Inlet Plug will be constructed of native earth and must remain in place during the first year after construction completion until perennial vegetation is established within the diversion channel. The Inlet Plug will be constructed at an elevation of 1049. Removal of the earthen plug will be the permittee's responsibility with approval from the Area Hydrologist or Area Fisheries.

IN-WATER EROSION CONTROL: All in-water work must be installed PRIOR to starting work, follow the Erosion and

Sediment Control conditions listed above.

RESPONSIBLITY FOR ADDITIONAL APPROVAL/EASEMENTS: It is the applicant's responsibility to obtain necessary approval or easements for work performed on the adjoining lots.

HYDROLOGIC DATA: The Division of Ecological and Water Resources reserves the right to review this permit as additional hydrologic data becomes available and to issue any further order as may become necessary to protect public

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CONDITIONS (Continued from previous page) interest.

MAINTENANCE: The permittee is authorized to maintain the approved work to the dimensions herein described. Prior to commencing any maintenance work, the permittee shall advise the Department of Natural Resources of the extent and method of maintenance. Maintenance work shall not be commenced until permittee's receipt of the Department's approval.

FISHERIES MONITORING PLAN: This permit is issued with the understanding that DNR Fisheries and the US Army

Corp of Engineers have prepared a detailed monitoring plan (see attached plan "Comprehensive Monitoring Plan Roseau

East Diversion, Roseau, Minnesota", dated February 10, 2014) for reaches located upstream, within, and downstream of the diversion. All requirements of this monitoring plan; including the schedule and frequency of work to be performed, must be followed as a condition of this permit.

EXCAVATION : When feasible and practical, excavation shall be conducted from landward areas to the public water and breakthrough shall occur at the last practical moment.

SEEDING/MULCHING: In the event the site cannot be stabilized with vegetation before September 15, all exposed soil shall be adequately mulched at a rate of not less than 3500 lbs./acre, leaving no more than 20% visible soil surface and maintained until seeding/sodding can be achieved.

DIVERSION STRUCTURE: This permit is issued with the understanding that the proposed diversion structure will begin to divert flows at a 5-year event and have a weir elevation set at 1045.0 feet. Any changes in the proposed design parameters of the diversion structure will require additional review and approval by the Department.

ADVANCEMENT OF WORK: The permittee shall notify the Area Hydrologist at least five days in advance of the commencement of the work authorized hereunder and notify him/her of its completion within five days. The Notice of

Permit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations.

ISOLATION OF RESTRICTION BRIDGE WORK AREA: Isolation of the work area will be required to maintain water quality. Isolation of the work area is also an acceptable means to continue working during the Fisheries Exclusion dates

(see above condition). The permittee shall submit a plan detailing work isolation methods no later than 30 days prior to construction to the Area Hydrologist for approval.

EROSION AND SEDIMENT CONTROL PLAN: The permittee shall submit an government approved Storm Water Pollution

Prevention Plan (SWPPP) to the DNR Area Hydrologist prior to beginning construction. Government approval of the

SWPPP will occur as part of the pre-construction submittal process as described in the attached contract document section related to the Minnesota Pollution Discharge Elimination System. The SWPP shall cover all areas disturbed by the project (i.e. areas above and below the Ordinary High Water Mark (OHWM)). At a minimum, the SWPPP must include all requirements of the current Minnesota General Authorization to Discharge Stormwater with Construction Activity under the National Pollution Discharge Elimination System (NPDES)/State Disposal System (SDS) and Construction

Stormwater Permit (MN R100001).

NOTIFICATION TO DNR STAFF: The permittee shall notify the DNR Area Hydrologist at 218-681-0947 at least 15 days before the placement of the boulders beneath the restriction bridge. Boulder placement must take place after or before the

Fisheries Exclusion dates and be completed under the supervision of DNR Staff.

Ben Huener, Conservation Officer, Roseau

Nathan Kestner, DNR Regional Environmental Assessment Ecologist, Region 1

Scott Laudenslager, DNR Wildlife, Baudette

Phil Talmage, DNR Fisheries, Baudette Area

Jeff Pelowski, County, Roseau

Tracy Halstensgard, Watershed District, ROSEAU RIVER WD

Craig Jarnot, Corps of Engineers, Roseau

Scott Johnson, SWCD, Roseau SWCD cc:

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