WI_DNR_Permit_.pdf

STATE OF WISCONSIN WQC (Non-wetland) PERMIT

DEPARTMENT OF NATURAL RESOURCES IP-WC-2016-32-02315

Dan Kelner is hereby granted under Section 281.15, 283, 401 CWA, Wisconsin Statutes, a permit to discharge materials to a water of the state Mississippi River, in La Crosse County, also described as being in the NW1/4 of the NW1/4 of Section 14, Township 16 North, Range 8 West, subject to the following conditions:

PERMIT

1. You must notify Dave Pericak at phone (608) 785-9108 or email David.Pericak@wisconsin.gov before starting construction and again not more than 5 days after the project is complete.

2. You must complete the project as described on or before . If you will not complete the project by this date, you must submit a written request for an extension prior to expiration of the initial time limit specified in the permit. Your request must identify the requested extension date. The Department shall extend the time limit for an individual permit or contract for no longer than an additional 5 years if you request the extension before the initial time limit expires. You may not begin or continue construction after the original permit expiration date unless the Department extends the permit in writing or grants a new permit.

3. This permit does not authorize any work other than what you specifically describe in your application and plans, and as modified by the conditions of this permit. If you wish to alter the project or permit conditions, you must first obtain written approval of the Department.

4. Before you start your project, you must first obtain any permit or approval that may be required for your project by local zoning ordinances and by the U.S. Army Corps of Engineers. You are responsible for contacting these local and federal authorities to determine if they require permits or approvals for your project. These local and federal authorities are responsible for determining if your project complies with their requirements.

5. Upon reasonable notice, you shall allow access to your project site during reasonable hours to any Department employee who is investigating the project's construction, operation, maintenance or permit compliance.

6. The Department may modify or revoke this permit for good cause, including if the project is not completed according to the terms of the permit or if the Department determines the activity is detrimental to the public interest.

7. You must post a copy of this permit at a conspicuous location on the project site, visible from the waterway, for at least five days prior to construction, and remaining at least five days after construction. You must also have a copy of the permit and approved plan available at the project site at all times until the project is complete.

8. Your acceptance of this permit and efforts to begin work on this project signify that you have read, understood and agreed to follow all conditions of this permit.

9. You must submit a series of photographs to the Department, within one week of completing work on the site. The photographs must be taken from different vantage points and depict all work authorized by this permit.

10. You, your agent, and any involved contractors or consultants may be considered a party to the violation pursuant to Section 30.292, Wis. Stats., for any violations of Chapter 30, Wisconsin Statutes, or this permit.

11. Construction shall be accomplished in such a manner as to minimize erosion and siltation into surface waters. Erosion control measures (such as silt fence and straw bales) must meet or exceed the technical standards of ch. NR 151, Wis. Adm. Code.

The technical standards are found at:

http://dnr.wi.gov/topic/stormwater/standards/const_standards.html .

12. All equipment used for the project including but not limited to tracked vehicles, barges, boats, hoses, sheet pile and pumps shall be de-contaminated for invasive and exotic viruses and species prior to use and after use.

The following steps must be taken every time you move your equipment to avoid transporting invasive and exotic viruses and species. To the extent practicable, equipment and gear used on infested waters shall not be used on other non-infested waters.

1. Inspect and remove aquatic plants, animals, and mud from your equipment.

2. Drain all water from your equipment that comes in contact with infested waters, including but not limited to tracked vehicles, barges, boats, hoses, sheet pile and pumps.

3. Dispose of aquatic plants, animals in the trash. Never release or transfer aquatic plants, animals or water from one waterbody to another.

4. Wash your equipment with hot (>140º F) and/or high pressure water,

- OR -

Allow your equipment to dry thoroughly for 5 days.

FINDINGS OF FACT

http://dnr.wi.gov/topic/stormwater/standards/const_standards.html

1. Dan Kelner, Army Corps of Engineers has filed an application for a permit to discharge materials to a water of the state Mississippi River, La Crosse County, also described as being in the NW1/4 of the NW1/4 of Section 14, Township 16 North, Range 8 West.

2. The Corps is proposing to install a sheet pile wall within the auxiliary chamber of Locks and Dam 7 at Dresbach. The project includes driving two parallel rows of sheet pile upstream of the auxiliary miter gates within the auxiliary chamber of each lock and dam, then filling the area between the sheet piles with a controlled low strength material. This work is being done in order to form a damming surface upstream of the existing auxiliary miter gates to ensure continued operation of the 9' navigation channel.

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

4. Mississippi River is navigable water (and no bulkhead exists at the project site.)

5. The proposed project, if constructed in accordance with this permit will not adversely affect water quality, will not increase water pollution in surface waters and will not cause environmental pollution as defined in s. 283.01(6m), Wis. Stats.

6. The proposed project will not impact wetlands if constructed in accordance with this permit.

7. The Department of Natural Resources has determined that the agency’s review of the proposed project constitutes an integrated analysis action under s. NR 150.20(2), Wis.

Adm. Code. The Department has considered the impacts on the human environment, alternatives to the proposed projects and has provided opportunities for public disclosure and comment. The Department has completed all procedural requirements of s. 1.11(2)(c), Wis. Stats., and NR 150, Wis. Adm. Code for this project.

8. The Department of Natural Resources has completed all procedural requirements and the project as permitted will comply with all applicable requirements of sections 281.15, 283, 401 CWA, , Wisconsin Statutes and Chapters NR 102, 103, of the Wisconsin Administrative Code.

The applicant was responsible for fulfilling the procedural requirements for publication of notices under s. 30.208(5)(c)1m., Stats., and was responsible for publication of the notice of pending application under s.30.208(3)(a), Stats. or the notice of public informational hearing under s.30.208(3)(c), Stats., or both. S. 30.208(3)(e), Stats., provides that if no public hearing is held, the Department must issue its decision within 30 days of the 30-day public comment period, and if a public hearing is held, the Department must issue its decision within 20 days after the 10-day period for public comment after the public hearing. S. 30.208(5)(bm), Stats., requires the Department to consider the date on which the department publishes a notice on its web site as the date of notice.

9. The structure or deposit will not materially obstruct navigation because the primary navigation locks will still be operating as usual.

10. The structure or deposit will not be detrimental to the public interest.

11. The structure or deposit will not materially reduce the flood flow capacity of the

Mississippi River because this auxiliary lock is not designed for flood flows.

CONCLUSIONS OF LAW

1. The Department has authority under the above indicated Statutes and Administrative

Codes, to issue a permit for the construction and maintenance of this project.

NOTICE OF APPEAL RIGHTS

If you believe that you have a right to challenge this decision, you should know that the Wisconsin statutes and administrative rules establish time periods within which requests to review Department decisions shall be filed. For judicial review of a decision pursuant to sections 227.52 and 227.53, Wis. Stats., you have 30 days after the decision is mailed, or otherwise served by the Department, to file your petition with the appropriate circuit court and serve the petition on the Department. Such a petition for judicial review shall name the Department of Natural Resources as the respondent.

To request a contested case hearing of any individual permit decision pursuant to section 30.209, Wis. Stats., you have 30 days after the decision is mailed, or otherwise served by the Department, to serve a petition for hearing on the Secretary of the Department of Natural Resources, P.O. Box 7921, Madison, WI, 53707-7921. The petition shall be in writing, shall be dated and signed by the petitioner, and shall include as an attachment a copy of the decision for which administrative review is sought. If you are not the applicant, you must simultaneously provide a copy of the petition to the applicant. If you wish to request a stay of the project, you must provide information, as outlined below, to show that a stay is necessary to prevent significant adverse impacts or irreversible harm to the environment. If you are not the permit applicant, you must provide a copy of the petition to the permit applicant at the same time that you serve the petition on the Department.

The filing of a request for a contested case hearing is not a prerequisite for judicial review and does not extend the 30 day period for filing a petition for judicial review.