Amendment_1_Protected_Waters_Permit.pdf

Permit Number

2015-1791

MINNESOTA DEPARTMENT OF NATURAL RESOURCES

Public Waters Work Permit Expiration Date: 07/08/2018

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.

Resource:Watershed:County:Project Name:

Sand Hill River Fish Passage

(Ramps 1-3)

Polk Red River of the North - Sandhill

River

Ditch: Sand Hill River

(H-026-038);

Stream/River: Unnamed

Creek (H-026-038-006)

Authorized Action:Purpose of Permit:

Soil Removal, Erosion Control/Stabilization Fill & Grading

Modification of 3 out of 4 concrete drop structures for fish passage. The structures will involve excavation and filling to create rock arch rapids. All three structures will have a flow line of 3%. The wing walls on the drop structures will be modified and graded back to a 5H:1V slope. The rock arch rapids will be at a 20H:1V. slope

Excavation (most downstream drop structure to most upstream drop structure)

Drop Structure #1; excavation of 3,000 cubic yards of soil/concrete.

Drop Structure #2; excavation of 3,000 cubic yards of soil/concrete.

Drop Structure #3; excavation of 1,500 cubic yards of soil/concrete.

Filling (most downstream drop structure to most upstream drop structure)

Drop Structure #1 will be Rock Arch Rapids #1 placement of

7,000 cubic yards of fill (rocks) for erosion control, grading and stabilization.

Drop Structure #2 will be Rock Arch Rapids #2; placement of

5,500 cubic yards of fill (rocks) for erosion control, grading and stabilization.

Drop Structure #3 will be Rock Arch Rapids #3; placement of

8,000 cubic yards of fill (rocks) for erosion control, grading and stabilization.

All work will be completed based on the final construction plans by the USCOE signed by Neil Schwanz, dated August 2015.

All plans will be kept on file for future reference.

Permittees (2): Authorized Agent:

N/ASAND HILL RIVER WATERSHED DISTRICT

CONTACT: WILKENS, DAN

PO BOX 584

FERTILE, MN 56540

(218) 945-3204

US ARMY CORPS OF ENGINEERS

CONTACT: INGVALSON, DEREK, (651) 290-5252

180 5TH STREET EAST

SUITE 700

ST. PAUL, MN 55101-1638

(651) 290-5273

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

UTM zone 15N, 241678m east, 5269524m north (centroid), NENE of Section 30, T147N, R45W, UTM zone 15N, 240437m east, 5269652m north (centroid), NWNW of Section 30, T147N, R45W, SWSW of Section 19, T147N, R45W, UTM zone 15N, 238902m east, 5269712m north (centroid), NWNW of Section 25, T147N, R46W, SWSW of Section 24, T147N, R46W, UTM zone 15N, 241677m east, 5269523m north (centroid), NENE of Section 30, T147N, R45W, UTM zone 15N, 240437m east, 5269652m north (centroid), NWNW of Section 30, T147N, R45W, SWSW of Section 19, T147N, R45W, UTM zone 15N, 238903m east, 5269710m north (centroid), NWNW of Section 25, T147N, R46W, SWSW of Section 24, T147N, R46W

Area HydrologistStephanie Klamm

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

07/08/201808/27/201508/27/2015

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

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CONDITIONS (Continued from previous page) 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

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 www.mndnr.gov/invasives/ais/infested.html. 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

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CONDITIONS (Continued from previous page) 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.

PHOTOS AND AS-BUILTS: Upon completion of the authorized work, the permittee shall submit representative photographs and any as-built surveys, as appropriate, of the project area to the DNR Division of Ecological & Water

Resources.

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.

EROSION AND SEDIMENT CONTROL PLAN: The permittee shall submit a Storm Water Pollution Prevention Plan

(SWPPP) no later than 30 days prior to construction to the Area Hydrologist for approval. The SWPPP 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)

Construction Stormwater Permit (MN R100001).

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.

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 "Section 1135 Sand Hill River Restoration

Project, Monitoring and Adaptive Management Plan" dated November 2013) for post-project surveys upstream and downstream of the modified drop structures (now called rock arch rapids). All requirements of this monitoring plan;

including the schedule and frequency of work to be preformed, must be followed as a condition of this permit.

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 commence until permittee's receipt of the Department's approval.

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 orders as may become necessary to protect public interest.

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

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

Erosion and Sediment Control conditions listed above.

CONDITIONS continued on next page...Page 4 - Permit Number 2015-1791

Nathan Kestner, EWR

Thomas Hutchins, Conservation Officers, Crookston

Tom Groshens, EWR

Steve Hofstad, BWSR Wetland Specialists, Polk

Christine Herwig, DNR Regional Nongame Specialists, Northwest

Ross Hier, DNR Wildlife, Crookston

Nathan Olson, DNR Fisheries, Detroit Lakes Area

Josh Holte, County, Polk

Craig Jarnot, Corps of Engineers, Polk

Aaron Habermehl, SWCD, West Polk SWCD

Nicole Bernd, SWCD, West Polk SWCD cc:

Page 5 - Permit Number 2015-1791

BWSR Forms 11-25-09 Page 1 of 2

Landowner Statement and Contractor Responsibility For Work in Wetlands or Public Waters

MN Statutes Sections 103G.2212 and 103G.241 stipulate that an agent or employee of another may not:

1) drain, excavate, or fill a wetland, wholly or partially; or

2) construct, reconstruct, remove, or make any change in any reservoir, dam, or the course, current, or cross-section of any public water;

unless the agent or employee has obtained a signed statement from the property owner stating that any permit or wetland replacement plan required for the work has been obtained, or that a permit or replacement plan is not required; AND this statement is mailed to the appropriate office with jurisdiction over the wetland or public water prior to initiating the work (see next page for information on where to send this notification).

This form is a notification only and is not an application or authorization for any activities described in it.

1. PROJECT INFORMATION

Project will affect (check all that apply):

Lake, Watercourse, or Public Waters Wetland Non-Public Waters Wetland Wetland of Unknown Jurisdiction

Address or description of project location (attach map if necessary):

Legal address

County Polk

Gov’t Lot(s)

Quarter Section(s)

Section(s) 19/30

Township(s) 147N 147N

Range(s) 46W 45W

Lot, Block, Subd.

Reis Twnsp Liberty Twnsp

Description of proposed work (include sketch and/or attach additional pages if needed):

In accordance with permit number 2015-1791 Sand Hill River Fish Passage, Sand Hill River/USCOE

Authorized work will consist of modification of 3 out of 4 concrete drop structures for fish passage. The structures will involve excavation and filling to create rock arch rapids. All three structures will have a 3% flow line and the wing walls will be modified and graded back to a 5H:1V slope. The rock arch rapids will be at a 20H:1V slope.

Excavation (most downstream to upstream structures) Drop Structure #1; excavation of 3,000 cubic yards of soil/concrete Drop Structure #2; excavation of 3,000 cubic yards of soil/concrete Drop Structure #3; excavation of 1,500 cubic yards of soil/concrete

Filling (most downstream to upstream structure) Drop Structure #1 will be Rock Arch Rapids #1; placement of 7,000 cubic yards of fill (rocks) for erosion control, grading and stabilization Drop Structure #2 will be Rock Arch Rapids #2; placement of 5,500 cubic yards of fill (rocks) for erosion control, grading and stabilization Drop Structure #3 will be Rock Arch Rapids #3; placement of 8,000 cubic yards of fill (rocks) for erosion control, grading and stabilization.

All work will be completed based on the final construction plans by the USCOE signed by Neil Schwanz, dated August 2015. All plans will be kept on file for future reference.

2. LANDOWNER STATEMENT

I certify that, as the owner of the property listed on this form (check one):

I have obtained all permits or approvals required to perform the work described above.

No permits or approvals are required for this work.

Property Owner (Print Name)

Address

Signature

Date

Phone Number and E-mail Address (Optional)

BWSR Forms 11-25-09 Page 2 of 2

3. CONTRACTOR VERIFICATION

By signing below, I verify that I have received a signed copy of this form and will be performing the indicated work as described above.

Company and Individual Performing Proposed Work (Print)

Address

Signature

Date

Phone Number and E-mail Address (Optional)

Note: The contractor is responsible for ensuring this form is mailed to the appropriate office when complete.

This statement is invalid if any of the above information is not supplied or is inaccurate. Work in violation of this notification requirement is a separate and independent offense from other violations of Minnesota Statutes chapter § 103G and is a misdemeanor punishable by fines up to $1,000 and/or 90 days in jail. The State Department of Natural Resources (DNR) Commissioner also has the authority to require restoration of any work done without the necessary permits or approvals or work that is beyond what was authorized.

4. INFORMATION AND RESOURCES

A Wetland Conservation Act (WCA) replacement plan is required for any wetland draining, excavation, or filling activity that is not exempt under Minnesota Rules Chapter 8420.0420. A DNR Waters permit is required for any work in public waters.

National wetland inventory maps are available for review at the County Soil and Water Conservation District (SWCD) office and online at http://www.fws.gov/wetlands/Data/Mapper.html. Many wetlands are not identified on the maps but are still restricted from draining, excavating, or filling. If you are unsure the proposed work will affect a wetland, contact your local government unit (LGU) or SWCD for assistance.

Public Waters of the State of Minnesota include the channel to the top of the channel bank for watercourses and the basin from the ordinary high water level waterward for public waters (i.e. lakes) and public waters wetlands. Public waters inventory maps are available for review at the County Auditor’s office, DNR Division of Waters regional offices, and online at http://www.dnr.state.mn.us/waters/watermgmt_section/pwi/download.html.

General information about public waters, wetlands, and related regulations are available on the DNR website at http://mndnr.gov and the MN Board of Water and Soil Resources (BWSR) website at http://www.bwsr.state.mn.us.

5. WHERE TO SEND THIS NOTIFICATION

For work in public waters (lake, watercourse, or public waters wetland), send this completed form to the DNR Regional Enforcement Office serving the project’s area. See below for DNR regional office information. A map of DNR regions can be found on the DNR website at: http://files.dnr.state.mn.us/aboutdnr/dnr_regions.pdf

For work in any wetland that is not a public waters wetland, send this completed form to the WCA LGU with jurisdiction over the project area. The LGU is usually the County or SWCD, except in urban areas the City is often the LGU. Contact any of these local governments or BWSR for assistance. BWSR also maintains a list of LGUs on its website at: http://www.bwsr.state.mn.us/directories/WCA.pdf.

If it is not known if the wetland is a public waters wetland, send the completed form to both the DNR Regional Enforcement Office and the WCA LGU.

Department of Natural Resources Regional Offices Northwest Region:

2115 Birchmont Beach Rd.

NE

Bemidji, MN 56601 Phone: 218-308-2700

Northeast Region:

1201 E. Hwy. 2 Grand Rapids, MN 55744 Phone: 218-327-4455

Central Region:

1200 Warner Road St. Paul, MN 55106 Phone: 651-259-5800

Southern Region:

261 Hwy. 15 South New Ulm, MN 56073 Phone: 507-359-6000

Keep a copy of this form for your records!