Sand_Hill_public_waters_permit.pdf

Permit Number

2015-1791

Amended

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. This permit supersedes the original permit and all previous amendments.

Resource:Watershed:County:Project Name:

Sand Hill River Fish Passage

(Ramps 1-3)

Polk Red River of the North - Sandhill

River

Stream/River: Unnamed

Creek (H-026-038-006);

Ditch: Sand Hill River

(H-026-038)

Authorized Action:Purpose of Permit:

Soil Removal, Erosion Control/Stabilization Fill & Grading

Modification of 4 concrete drop structures for fish passage. The structures will involve excavation and filling to create rock arch rapids. All four structures will have a flow line of 3%. Drop structures 1, 2 and 3 wing walls will be modified and graded back to a 5H:1V slope. Drop structure 4 wing walls will be

3H:1V slope. All 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.

Drop Structure #4; excavation of 2,300 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.

Drop Structure #4 will be Rock Arch Rapids #4; placement of

3,100 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 for drop structures 1, 2 and 3 as signed by Neil

Schwanz, dated August 2015. All work will be completed based on the final construction plans by the USCOE for drop structure 4 as signed by Michael Bart dated May 2016. All plans will be kept on file for future reference.

N/AUS ARMY CORPS OF ENGINEERS

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

180 5TH STREET EAST

SUITE 700

ST. PAUL, MN 55101-1638

(651) 290-5273

SAND HILL RIVER WATERSHED DISTRICT

CONTACT: WILKENS, DAN

PO BOX 584

FERTILE, MN 56540

(218) 945-3204

Permittees (2): Authorized Agent:

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

Area HydrologistStephanie Klamm

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

07/08/201806/16/201606/16/2016

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.

CONDITIONS continued on next page...Page 2 - Permit Number 2015-1791

CONDITIONS (Continued from previous page)

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

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.

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CONDITIONS (Continued from previous page)

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.

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 Wallerstedt, USCOE

Tim Smith, USCOE

Nathan Wallerstedt, USCOE

Tim Smith, USCOE

Thomas Hutchins, Conservation Officers, Crookston

Tom Groshens, EWR

Steve Hofstad, BWSR Wetland Specialists, Polk

Christine Herwig, DNR Regional Nongame Specialists, Northwest

Theresa Olson, DNR Regional Environmental Assessment Ecologist, Region 1

Ross Hier, DNR Wildlife, Crookston

Nathan Olson, DNR Fisheries, Detroit Lakes Area

Josh Holte, County, Polk

Daniel Wilkens, Watershed District, Sand Hill River

Larry Puchalski, Corps of Engineers, Polk

Aaron Habermehl, SWCD, West Polk SWCD

Nicole Bernd, SWCD, West Polk SWCD cc:

Page 5 - Permit Number 2015-1791