01_00_00.00_13_GENERAL_ATTACHMENTS_-_PERMITS.pdf

SECTION 01 00 00.00 13 GENERAL

ATTACHMENT

PERMITS

SECTION 401 WATER QUALITY CERTIFICATION

MINNESOTA DNR PUBLIC WATERS WORK PERMIT

Permit Number

2016-0940

MINNESOTA DEPARTMENT OF NATURAL RESOURCES

Public Waters Work Permit Expiration Date: 08/29/2021

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:

Marsh Lake Ecosystem

Restoration Project

Swift, Lac qui Parle

Minnesota River - Headwaters;

Pomme de Terre River

Stream/River: Pomme de

Terre River (M-055-179);

Lake: Marsh (06000100);

Stream/River: Minnesota

River (M-055)

Authorized Action:Purpose of Permit:

Water Level Control Structure, Sediment Removal, Roadway/Pathway Fill (permanent), Drawdown (temporary), Dam - Public Waters, Channelization/Realignment, Bioengineering

The permittee shall (1) construct a water control/drawdown structure equipped with 12 operable sluice gates with a top and bottom elevation of 940.0 ft. and 934.0 ft. NGVD 29, respectively, and excavate a new outlet channel connected to the emergency spillway’s outlet channel, (2) cut a 30 ft.-wide notch with a top and bottom elevation of 937.6 ft. and 935.5 ft.

NGVD 29, respectively, into the service spillway and permanently remove the existing 2x2 ft. vertical lift gate, (3) construct a 300 ft.-long rock ramp fishway consisting of a series of boulder weirs set at a 3% slope directly downstream of the service spillway and tied into the riverbed at elevation

926.0 ft. NGVD 29, (4) remove 5,761 linear feet of the existing dam embankment/roadway and restore to adjacent ground elevation, (5) construct 5,350 linear feet of new embankment/roadway linked with realigned 255th Ave. SW and permanently remove two 36” CMPs that currently serve as equalizer culverts between the main body of Marsh Lake and a

13-acre backwater, and (6) reroute the Pomme de Terre River from its existing channel into its historic channel by utilizing a combination of embankments, clay plugs, toe wood-sod mat structures, rock riffle grade control structures, and excavation/grading according to the conditions of the permit and final construction plans and project specifications dated July

2016. All other construction and long-term project management activities shall conform to the permit conditions and final plans and specifications dated July 2016. The lake may be temporarily drawn down to facilitate project construction.

N/AU.S. ARMY CORPS OF ENGINEERS

CONTACT: DESHARNAIS, JUDY, (651) 290-8713

180 FIFTH STREET EAST, SUITE 700

ST. PAUL, MN 55101

(651) 290-5252

Permittee: Authorized Agent:

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

UTM zone 15N, 257746m east, 5007349m north (centroid), NENE of Section 30, T120N, R43W, UTM zone 15N, 258137m east, 5007629m north (centroid), SWSW of Section 20, T120N, R43W, NWNW of Section 29, T120N, R43W, UTM zone 15N, 257003m east, 5008102m north (centroid), NESW of Section 19, T120N, R43W, SESW of Section 19, T120N, R43W, NWSE of Section 19, T120N, R43W, SWSE of Section 19, T120N, R43W, UTM zone 15N, 256853m east, 5006502m north (centroid), NWSE of Section 30, T120N, R43W, SWSE of Section 30, T120N, R43W

EWR South Regional

Manager

Robert Collett

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

08/29/202108/29/201608/29/2016

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

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CONDITIONS (Continued from previous page) 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.

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.

TEMPORARY DRAWDOWN: Temporary drawdown of the lake shall be conducted according to the protocol outlined in the Marsh Lake Operation and Management Plan document dated August 2016. The Adaptive Management Team shall make recommendations to the Plan, and modifications thereof will require a permit amendment. Periodic review of hydrographic information and the Plan will be completed by DNR Division of Ecological and Water Resources personnel and other agency partners. Per Minnesota Rules, part 6115.0271, item A, subitem (1), any proposed temporary drawdown shall not exceed two years in duration under normal climatic conditions.

MUSSEL RELOCATION: Rescue and relocation of mussels from the portion of the existing Pomme de Terre River channel that will be cut off in order to reroute flow into the river’s historic channel will be performed by the DNR in accordance with the protocol outlined in the Mussel Rescue and Translocation Plan for the Pomme de Terre River

Restoration document dated June 2016. The mussel relocation project will be conducted by or under the direct supervision of DNR Division of Ecological and Water Resources staff, therefore neither an endangered and threatened species take permit nor a mussel take permit will be required. Notification shall be given to DNR River Ecologist Mike Davis (E-mail:

mike.davis@state.mn.us, Phone: 651-314-6302) at least 60 days prior to dewatering the existing river channel or undertaking construction activities that would limit access to the Pomme de Terre River within the project area.

BACKWATER MONITORING: Based on potential impacts predicted as a result of hydrographic modelling, the 13-acre backwater cut off from the main body of Marsh Lake by the realignment of the dam embankment and removal of two 36”

CMP equalizer culverts shall be monitored by DNR Wildlife personnel according to the protocol outlined in the Marsh Lake

Operation and Management Plan document dated August 2016.

COFFERDAMS: Cofferdams must be constructed and utilized in a manner that minimizes degradation of water quality, including the use of appropriately-sized aggregate or sheeting to protect from wind and water erosion and side slopes set at the angle of repose. Plans for cofferdams must be approved by the Area Hydrologist at least 15 business days prior to the start of construction.

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CONDITIONS (Continued from previous page)

COFFERDAM DEWATERING: In order to dewater cofferdams, the permittee must seal the bottom of the cofferdam, install and use a well point or gravel filter, provide treatment ponds, or implement equivalent measures to protect water quality from degradation which can result from suspended solids. Dewatering plans must be approved by the Area Hydrologist at least 15 business days prior to the start of construction.

EXCAVATED MATERIALS – FLOODPLAIN CONCERN: Excavated material shall not be permanently placed within community designated floodplain or shoreland areas, unless all necessary local permits and approvals have been obtained. This condition does not apply to material placed in the designated borrow areas shown on the final construction plans and project specifications.

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. This condition does not apply to material placed in the designated borrow areas shown on the final construction plans and project specifications.

TEMPORARY FILL: Temporary fill brought to the site to provide access for construction equipment shall be removed promptly upon completion of the project such that the entire affected area is returned to the original elevation and vegetative cover. Temporary ground cover and fill shall be monitored for terrestrial invasive species to preclude their introduction or transfer.

SPOIL PLACEMENT/DISPOSAL: Excavated materials shall not be placed on the beds of public waters, within wetland areas, or in areas subject to flooding or runoff into public waters. The excavated materials must be spread, seeded, and mulched to prevent erosion or disposed of in an authorized upland location, which includes the designated borrow areas shown on the final construction plans and project specifications.

BED RESTORATION: Upon completion of the project, the bed of all public waters affected by temporary fill, cofferdams, and general construction activity shall be restored as nearly as practical to pre-construction conditions.

MINIMUM DISTURBANCE: Disturbance to vegetation and shoreline areas must be minimized to avoid erosion. Allowable clearing is restricted to the minimum necessary for equipment to complete construction activities.

PRE-CONSTRUCTION NOTIFICATION: The permittee shall notify the Area Hydrologist at least 5 business days in advance of the pre-construction meeting with the contractor and, subsequently, the beginning of construction.

PROJECT DATUM: The permittee shall ensure that the contractor clearly recognizes the vertical datum(s) associated with all construction plans and reference benchmarks, including the datum conversion factor if more than one vertical datum is cited.

ON-SITE MODIFICATION: Any on-site modifications to authorized construction plans and project specifications that could materially affect Public Waters shall require approval by the Area Hydrologist prior to commencing work. The goal of the Area Hydrologist shall be to make a determination regarding the modification(s) within 10 calendar days following notification by the permittee. This condition does not apply to any modification associated with maintaining the structural integrity of the permittee’s dam, though notification of the Area Hydrologist shall be required.

AS-BUILT CONSTRUCTION REPORT: Within 180 days following the completion of construction, the permittee shall notify the Area Hydrologist, including a statement of the designer or professional engineer in charge of construction inspection, that to the best of knowledge, the project was completed in accordance with the approved designs, plans, and specifications and any approved revision thereof. The statement also shall include a report on construction, inspection, and quality control. The permittee shall also submit supplementary drawings or descriptions of the project as actually constructed and any other items that may be of permanent value regarding the adequacy and permanency of the project.

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Ryan Bjerke, Area Hydrologist

Skip Wright, EWR District Manager

Potter, David, Contact; U.S. Army Corps of Engineers

Luke Gutzwiller, Conservation Officers, Madison

Craig Miska, Conservation Officers, Benson

Kane Radel, BWSR Wetland Specialists, Lac Qui Parle

Kane Radel, BWSR Wetland Specialists, Swift

Lisa Gelvin-Innvaer, DNR Regional Nongame Specialists, South

Kevin Mixon, DNR Regional Environmental Assessment Ecologist, Region 4

Curt Vacek, DNR Wildlife, Lac qui Parle

Chris Domeier, DNR Fisheries, Ortonville Area

Jennifer Breberg, County, Lac Qui Parle

Mike Johnson, County, Swift

Scott Collins, County, Swift

Trudy Hastad, Watershed District, LAC QUI PARLE-YELLOW BANK WD

Dianne Radermacher, Watershed District, UPPER MINNESOTA RIVER WD

Benjamin Orne, Corps of Engineers, Lac Qui Parle

Andy Beaudet, Corps of Engineers, Swift

Terry Wittnebel, SWCD, Lac Qui Parle SWCD

Thomas Orr, SWCD, Swift SWCD cc:

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MARSH LAKE OPERATION AND MANAGEMENT PLAN

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Operation and Management Plan – Marsh Lake DOW# 06000100 August 2016

Special Consideration: This Operation and Management Plan will be used to guide management activities on Marsh Lake within the framework of the U.S. Army Corps of Engineers Standing Instructions

(see addendum, USACE Standing Instructions). This plan also informs and references the U.S. Army

Corps of Engineers Performance Monitoring and Adaptive Management Plan.

Location: The Marsh Lake Dam is located on the Minnesota River in western Minnesota. Lac qui Parle and Marsh Lake Reservoirs form boundaries for Lac qui Parle and Swift Counties.

Datum: All elevations use the 1929 National Geodetic Vertical Datum (1929 NGVD). To convert to

NAVD88 add 0.67 feet to Marsh Lake.

Background

Marsh Lake is an approximately 5,000-acre shallow reservoir. The fixed-crest Marsh Lake Dam was constructed to hold a conservation pool in the upper part of the Lac qui Parle. The Works Progress Administration constructed the Marsh Lake Dam and rerouted the Pomme de Terre River into Marsh Lake between 1936 and 1939. The reservoir was first filled in the spring of 1939. The Corps of Engineers improved the dam between 1941 and 1951 as part of the Lac qui Parle Project. The project was operated by the State of Minnesota until 1950, when operation and maintenance responsibilities were transferred to the Corps of Engineers. The Minnesota Department of Natural Resources owns the land surrounding Marsh Lake up to an elevation of 945.0 ft. This property is managed as part of Lac qui Parle

WMA.

The Marsh Lake Dam is currently an earth-fill structure 11,800 feet long with an average top elevation of

950.0 ft. The service spillway is a 112 ft. wide concrete fixed-crest structure with a crest elevation of

937.6 ft. A grouted riprap emergency spillway immediately southwest of the service spillway is 90 feet wide with a crest elevation of 940.0 ft. The dam also has a 2-foot-square gated low flow outlet conduit with a sill elevation of 932.6 ft. The current dam does not allow active water level management. The average annual water level on Marsh Lake is 938.3 ft. Approximately 3,000 acres of Marsh Lake is less than 3 feet deep when the lake is at the level of the fixed crest spillway.

Marsh Lake has a history of providing good quality fish and wildlife habitat and at one time was considered one of Minnesota’s top five waterfowl hunting destinations. Habitat conditions have deteriorated due to excessive nutrient inputs, sustained high water levels, and undesirable fish species.

The Marsh Lake Ecosystem Restoration Project is a collaborative effort among resource agencies and partners to restore ecosystem function within Marsh Lake by restoring the Pomme de Terre River to its historic channel and by modifying the Marsh Lake Dam infrastructure.

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Historical and Present Habitat Conditions Marsh Lake is currently characterized as a shallow, turbid, and hyper-eutrophic lake system. Because the Marsh Lake Dam has an elevated fixed crest, the continuous minimum water surface has disrupted natural drying period events. As a result, emergent aquatic plants that require exposed mudflat conditions to germinate from seed have declined in the lake. Loss of emergent and submersed aquatic plants has resulted in increased wind fetch. Wind induced wave action and nonnative carp re-suspend sediments and nutrients, blocking sunlight and reducing opportunity for submersed aquatic plant growth. Increased wave action has severely eroded the shoreline, islands and points of Marsh Lake.

Minnesota DNR has aquatic plant survey data that illustrates distinct declines in aquatic plant occurrence since 2002.

Marsh Lake Aquatic Plant Occurrence during Shallow Lake Surveys

YEAR No Vegetation

Sago Pondweed

Coontail

2002 26.4% 72.2% 3.6%

2004 77.6% 22.4% 0.6%

2007 86.1% 11.5% 1.2%

2010 96.8% 3.2% 0.6%

2015 98.2% 0.0% 1.2%

Overall habitat and water quality conditions within Marsh Lake continue to decline. Given future climate projections and considering existing alterations within the watershed it is unlikely that any substantial improvement to this generally poor condition will occur unless management through the Marsh Lake Ecosystem Restoration Project is implemented.

Project Goal The primary goal of the Marsh Lake Ecosystem Restoration Project is:

“To return the Marsh Lake area ecosystem to a less degraded and more natural condition by restoring ecosystem structure and functions.”

This project is designed to restore a more natural and variable hydrologic regime which is key to restoring freshwater aquatic ecosystems within Marsh Lake. On a river floodplain lake like Marsh Lake, a more natural hydrologic regime includes lower lake levels in some years to provide conditions conducive for aquatic vegetation to establish.

Two project features have been designed to increase water level variability: 1) a passive water control structure (i.e., fishway), which on average will provide up to 0.6 feet of lower water level variability compared to the current fixed-crest structure; and 2) a water level drawdown structure to provide targeted water elevations. Annual and intra-annual variations in water levels are extremely important to maintain ecosystem functions in these shallow water systems. Elsewhere (namely, the pools in the

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Upper Mississippi River and shallow lakes across MN), variability in water levels has resulted in increased extent, diversity, and abundance of aquatic vegetation, increased food for waterfowl, and improved water quality conditions.

Project Features

1. Fishway ‐ The fishway will be constructed from the current spillway and extend about 300 feet downstream at a 3% slope. Boulder weirs will be spaced 20 feet apart, with each achieving individual 10‐inch drops. The ramp would range in width from 150 feet at the dam to 200 feet wide at the downstream edge. It will be approximately 300 feet long.

The downstream invert of the fishway will tie into the river bed at elevation 926.0 ft. The designed dam structure will have a 30 ft.-wide rectangular notch at the top of the fishway with a bottom elevation of 935.5 ft. and a top elevation of 937.6 ft. This notch will provide passive water level control and promote variability in water levels. The ramp will tie into the existing bank on the east side. On the west side, the ramp will tie into a partially rip‐rapped earthen embankment or containment embankment, 20 feet wide and with 1H:4V side slopes.

Approximately 1,579 cubic yards of large (1.6 ft diameter and larger boulders for weirs) rock would be used in the fishway channel. Rip‐rap and gravel bedding would be used to armor the fishway channel. Impervious fill would also be used as bedding and fill material. Concrete footings for a future bridge crossing would also be incorporated into construction. The existing emergency spillway will remain in place between the fishway and drawdown structure at an elevation of

940.0 ft.

2. Drawdown Structure and Access Ramp ‐ The drawdown structure will be constructed west of the emergency spillway. Excavation for the structure’s outflow channel/tailrace will extend about 650 feet downstream of the embankment. The intake for the structure will require excavation to deepen the approach and placement of new rip‐rap to protect the structure. The approach and tailrace sections to the structure will be lined with a 33‐inch layer of rip‐rap over 12‐inch bedding.

Sheetpile will be buried under the concrete structure to minimize seepage.

The sill of the intake will have an invert elevation of 934.0 feet. A 60‐ft long section of the channel bed immediately downstream of the concrete spillway will also be lined with a 33‐inch layer of rip‐ rap over 12‐inch bedding.

A 100‐ft long dredge maintenance access ramp will extend from the top of the west embankment into Marsh Lake. Rock will be placed in a 33‐inch thick layer on top of 12 inches of bedding material. The top 8 inches of the rip‐rap will be chinked. The ramp will have a 15% slope and would extend from the top of the embankment (950.0 ft.) into the bed of Marsh Lake (935.0 ft.).

3. Embankment / Dam Access Road ‐ One mile of the new embankment/dam access road would be constructed at an approximate elevation of 954.0 ft. Rock rip‐rap to protect against wave action would be necessary for the lake side of the new embankments. Rock rip‐rap would be placed to a top elevation equal to rock rip‐rap on the existing embankment (~942.0 ft.). Impervious clay fill material for the new embankments would be borrowed from a nearby upland site and/or from the abandoned road. An estimated 1.1 miles of existing roadway will be removed to restore the Pomme de Terre River and its historic floodplain.

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4. Pomme de Terre River Restoration ‐ Two rock riffle grade control structures will be utilized to prevent head‐cutting in the PdT River channel above the embankment. Riffles will be tied into each bank and traverse the entire river channel. Riffle will be constructed with boulders, rip‐rap, and gravels, and will be sloped on the upstream side at 1H:4V and on the downstream side of the crest at 1H:20V. This will provide a drop in the water surface elevation of about 7/10 of a foot (8 inches).

The bank of the Pomme de Terre River will be stabilized along 2,000 linear feet of the PdT River using toe wood sod mats. For this, about 20 feet of excavation into the bank along PdT River will be needed to anchor the materials. Large trees (coarse woods) will be placed in an interlocking matrix and anchored with boulders. Topsoil or soil mats will be placed to fill the void between trees and branches, shrubs, and live willow cuttings (fine wood) will be integrated into the matrix.

Seven clay and earthen plugs will be used to keep the river from flowing down remnant channels during high flow events.

Project Objectives

1. Reduce sediment loading to Marsh Lake by restoring Pomme de Terre river to its original channel;

2. Restore a more natural hydrologic regime to Marsh Lake via notched weir structure;

3. Restore geomorphic and floodplain processes on Pomme de Terre River;

4. Reduce sediment resuspension and improve water clarity in Marsh Lake with a goal of 2.3 feet transparency per MPCA impairment standards for Western Cornbelt Plains;

5. Increase emergent vegetation coverage within Marsh Lake to 1,500 acres or ~30% of the basin;

6. Increase submersed aquatic vegetation within Marsh Lake to 3,000 acres or ~60% of the basin;

7. Restore aquatic habitat connectivity between Marsh Lake, Pomme de Terre River, and Lac qui Parle

Lake;

8. Reduce carp species abundance in Marsh Lake to <40% by weight;

9. Increase diversity and abundance of native fish in Marsh Lake and Pomme de Terre River.

These objectives are being pursued in coordination with project partners using and adaptive management approach. This approach will help optimize opportunities for success and will require extensive coordination and communication amongst the parties involved.

The Operation and Management Plan will be a living document embodying the principles of adaptive management, i.e., evaluating the results from management with uncertain outcomes in order to direct future actions. The operation and management of Marsh Lake will be evaluated on a periodic basis to continuously improve the plan, its objectives, and the ecosystem condition and function. Beyond changes for improvement, changes to react to exceptional climatic or hydrologic events, climate change, invasive species, or other shifts may be warranted.

Monitoring Plan Vegetation will be monitored by conducting shallow lake surveys, using systematic point sampling, calculating aquatic plant distribution, diversity and frequency of occurrence. Surveys will be considered every three years or when degradation is suspected. Water clarity and water quality parameters will be monitored periodically using an approved water quality sampling regime and fish population

5 | P a g e composition will be verified by periodic test netting. In addition to pre-drawdown sampling, these efforts will be duplicated and tracked following all drawdowns to determine success.

Active water level management via the drawdown structure will be considered at the discretion of the adaptive management team or when one or more of the following are met;

1. Average summer Secchi disk reading June - Sept falls below 1.25 ft.;

2. Emergent aquatic plant occurrence: at less than 25% lake wide coverage;

3. Submersed aquatic plant occurrence: at less than 50% of open water areas based on present day

DNR Shallow Lake survey systematic point sample stations;

Following the low water periods of 1988 Marsh Lake had roughly 1,500 acres of emergent plant coverage. Under present conditions Marsh Lake has approximately 1,000 acres of emergent plant coverage. If future emergent plant composition falls under 25% or approximately 1,250 acres, active drawdown utilizing the drawdown structure will be considered.

If submersed aquatic plant occurrence falls below 50% of the open water areas of Marsh Lake management utilizing the drawdown structure will be considered. Since the early 2000’s submersed aquatic plant occurrence within Marsh Lake has deteriorated to the point where the basin is essentially devoid of submersed aquatic plants now in 2016. Sustaining a minimum occurrence of submersed aquatic plants greater than 50% of open water areas is critical to maintaining healthy habitat conditions.

Please also see the Marsh Lake Ecosystem Restoration Project “Performance Monitoring and Adaptive Management Plan” for additional information.

Marsh Lake Backwater Area A 13-acre backwater area immediately east of Embankment B will be monitored once a month during the open water period for up to 5 years to determine whether water levels are being permanently lowered. A staff gage will be placed in the backwater area, and DNR Wildlife personnel will be responsible for reading, recording, and reporting measurement data to the Adaptive Management Team on an annual basis.

Operation of Drawdown Structure (Sluice Gates) The Minnesota Department of Natural Resources will be responsible for all active water level management, with consultation provided by the Adaptive Management Team.

According to the USACE water control manual storage curve:

938.3 feet = 15,625 acre-feet = 5,800 acres (average pool)

936.0 feet = 6,000 acre-feet = 3,500 acre pool

935.0 feet = 3,200 acre-feet = 2,425 acre pool

* Bottom Elevation of Marsh Lake ~ 933.5 to 934.0

Growing Season or Partial Drawdowns (April to August) – Water level target of 938.0 - 936.0 ft. A maximum growing season drawdown to elevation 936.0 ft. will expose approximately 2,300 acres of lake bed.

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Growing season drawdowns or partial summer drawdowns may be considered to stimulate the growth of submersed and emergent vegetation or provide additional food resources for migrating waterfowl.

Full summer drawdowns below elevation 936.0 ft. would be avoided since they would be detrimental to colonial waterbirds nesting on islands in Marsh Lake. USACE staff must be notified prior to February 15th to attempt a growing season drawdown. Given existing habitat and water quality conditions on Marsh Lake, it is expected that a full drawdown for up to two years will be initiated upon project construction.

Winter Drawdowns (August to March) – Water level target of 935.0 ft., will expose approximately 3,375 acres of lake bed. A 2,425 acre pool would remain, most of which would freeze to the bottom.

Full winter drawdowns may also be considered to restructure fish populations within Marsh Lake. If a full winter drawdown to elevation 935.0 is pursued, water levels would be lowered after the pelican nesting season, but early enough to allow other species of wildlife such as reptiles and amphibians an opportunity to evacuate the system prior to freeze up. USACE staff must be notified prior to August 15th in order to attempt a winter drawdown.

The frequency, timing, and duration of drawdowns will be primarily based on aquatic vegetation and water transparency conditions of Marsh Lake. Winter drawdowns and growing season drawdowns may run into one another consecutively and thus the dates listed above are referenced as targets.

Immediately following drawdowns, water levels will be maintained up to but not exceeding the normal summer pool elevation (elevation 938.0 feet) utilizing the sluice gates to protect newly established vegetation, recognizing the maximum daily outflow restrictions.

Written notification from the DNR Wildlife Manager must be provided to the DNR Area Hydrologist regarding the intent to initiate a drawdown, along with a description of the extent of drawdown planned (growing season/partial or winter) based on the aforementioned triggers or recommendations by the Adaptive Management Team. Notification must be provided no later than 30 days prior to commencement of the temporary drawdown. Authorization from the Area Hydrologist in the Ortonville office must be obtained prior to commencement of drawdown activities. Verification shall be provided within 10 days of notification.

In accordance with MN Rules 6115.0271, Subp. C.4, any proposed temporary drawdown shall not exceed two consecutive years in duration. The Adaptive Management Team will be consulted prior to the initiation of any temporary drawdown.

While initiation of drawdown of water levels may be designed to expose lakebed, increase submerged and emergent vegetation, and/or increase likelihood of winterkill, timing should consider habitat, migration and other needs of game and nongame species and the impact of drawdown. Allowing enough time in the fall for relocation or allowing an area of refuge should be considered. At the completion of management drawdown, utilizing the multiple gates and bays in filling the basin will take into consideration the impacts from changing water levels. Filling the basin to minimize the interruption of flow to downstream areas is a main goal.

Overall operation of the Hwy. 75 and Lac qui Parle Dams will not be modified, though coordination of activities will occur. Close coordination with USACE staff is required, especially while sluice gates are being operated and upon refill of the basin. Rates of rise and fall will be closely coordinated and documented with USACE staff within the framework of their Standing Instructions document which outlines outflow requirements and base flows.

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Water levels may be monitored in real-time on the USACE Water Resources Link.

Adaptive Management Team

The adaptive management team consists of staff from the USACE, MNDNR, USFWS, and UMRWD, and will meet on an annual basis. The partnership will establish a structure whereby clear lines of communication and information exchange can occur effectively to implement and manage the project.

Please note that USACE involvement in terms of ecosystem project monitoring will expire 10 years after project implementation. A list of the Adaptive Management Team members will need to be kept up to date. The adaptive management team will also coordinate with a citizen advisory committee to guide future operation and goals of the project.

-Adaptive Management Team- Agency Personnel Title Contact Info

MVP Corps Shahin Khazrajafari Project Manager Shahin.khazrajafari@usace.army.mil Tel: 651.290.5219

MVP Corps David Potter Fishery Biologist David.f.potter@usace.army.mil Tel: 651.290.5713

MVP Corps Corby Lewis Hydraulic Engineer Corby.R.Lewis@usace.army.mil Tel: 651.290.5806

MNDNR David Trauba Regional Wildlife Manager

David.trauba@state.mn.us Tel: 507.359.6030

MNDNR Walt Gessler Area Wildlife Manager

Walt.Gessler@state.mn.us Tel: 320.752.4394

MNDNR Chris Domeier Area Fisheries Supervisor Chris.Domeier@state.mn.us Tel: 320.839.2656

MNDNR Mike Davis Malacologist Mike.davis@state.mn.us Tel: 507.251.4116

MNDNR Luther Aadland River Scientist Luther.Aadland@state.mn.us Tel: 218.739.7576

MNDNR Ricky Lien Wetland Habitat Team Supervisor

Ricky.lien@state.mn.us Tel: 651.259.5227

MNDNR Nicole Hansel-Welch Shallow Lakes Program Supervisor

Nicole.hansel-welch@state.mn.us Tel: 218.833.8626

MNDNR Josh Kavanagh Wildlife Lake Specialist Joshua.kavanagh@state.mn.us Tel: 320.354.5530

MNDNR Skip Wright District Manager Skip.wright@state.mn.us

Tel: 320.354.0083

MNDNR Ryan Bjerke Area Hydrologist Ryan.Bjerke@state.mn.us Tel: 320-839-3823

MNDNR Jesse Roberts Wildlife Operations and Development Consultant jesse.f.roberts@state.mn.us Tel: 651.259.5175

UMRWD Dianne Radermacher Administrator dianne.radermacher@midconetwork.com Tel: 320. 839.3411

USFWS Scott Simmons Big Stone Refuge Manager

Scott_simmons@fws.gov

Tel: 320.273.2191 http://www.mvp-wc.usace.army.mil/dcp/ mailto:Shahin.khazrajafari@usace.army.mil mailto:David.f.potter@usace.army.mil mailto:Corby.R.Lewis@usace.army.mil mailto:David.trauba@state.mn.us mailto:Walt.Gessler@state.mn.us mailto:Chris.Domeier@state.mn.us mailto:Mike.davis@state.mn.us mailto:Luther.Aadland@state.mn.us mailto:Ricky.lien@state.mn.us mailto:Nicole.hansel-welch@state.mn.us mailto:Joshua.kavanagh@state.mn.us mailto:Skip.wright@state.mn.us mailto:Ryan.Bjerke@state.mn.us mailto:jesse.f.roberts@state.mn.us mailto:dianne.radermacher@midconetwork.com mailto:Scott_simmons@fws.gov javascript:void(0)

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Citizen Advisory Committee

A citizen advisory committee may be established to provide input on management strategies for Marsh Lake. Citizens comprised of public stakeholders and conservation organizations representing various interests can be established to provide feedback to the adaptive management team. This committee will interact with the adaptive management team to refine project goals and plan operation strategies.

Additional Information

Additional information concerning the Marsh Lake Ecosystem Restoration Project can be obtained from contacting individuals listed as part of the adaptive management project team or by reviewing the following materials:

1. Marsh Lake Ecosystem Restoration Project – USACE Standing Instructions

2. Marsh Lake Ecosystem Restoration Project - Federal Environmental Assessment dated July 2011

3. Marsh Lake Ecosystem Restoration Project - Federal Environmental Supplement

4. Marsh Lake Ecosystem Restoration Project - USACE Marsh Lake Dam Engineering Design Plan

5. Marsh Lake Ecosystem Restoration Project - Environmental Assessment Worksheet

6. Marsh Lake Ecosystem Restoration Project - Performance Monitoring & Adaptive Management Plan

Information can also be found on the USACE Marsh Lake Ecosystem Restoration Project Page.

http://www.mvp.usace.army.mil/Home/Projects/tabid/18156/Article/571148/marsh-lake-ecosystem-restoration-project.aspx