Westman Dam Road Operating Permit 2020.pdf

This notice must be displayed at the site of work.

Laminating this notice or utilizing sheet protectors is recommended.

Please refer to the above permit number with any questions or concerns.

NOTICE OF AUTHORIZATION

Permit Number: WRP022017 v. 1 Date Issued: April 16, 2020 Site Name: 55-Westman Dam Stop Logs-Cedarville Twp Expiration Date: April 16, 2025

The Michigan Department of Environment, Great Lakes, and Energy (EGLE), Water Resources Division, P.O. Box 30458, Lansing, Michigan 48909-7958, under provisions of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended; specifically:

Part 31, Floodplain Regulatory Authority of the Water Resources Protection.

Part 301, Inland Lakes and Streams.

Part 303, Wetlands Protection.

Part 315, Dam Safety.

Part 323, Shorelands Protection and Management.

Part 325, Great Lakes Submerged Lands.

Part 353, Sand Dunes Protection and Management.

Authorized activity:

Install stoplogs in August each year in the Westman Dam to raise the level of the Walton River.

Remove stoplogs by the end of October of each year. Stoplogs shall be added at a rate such that a minimum downstream flow of 5 cubic feet per second is maintained in August and September, and 10 cubic feet per second in October. Stoplogs shall be removed at a rate not to exceed one half foot per day to prevent downstream flooding and erosion.

All work shall be completed in accordance with the attached plans and the terms and conditions of this permit.

To be conducted at property located in: Menominee County, Cedarville Township, TRS 35N 25W Sec 18 Waterbody: Walton River

Permittee:

Michigan Department of Natural Resources-Wildlife Division Attn: Colter Lubben 6833 Hwys 2, 41, and M-35 Gladstone, MI 49837

Sean Soucy Marquette District Office Water Resources Division 906-250-0588

EGLE-WRD

WRP022017 v1.0

Approved Issued On:04/16/2020

Expires On:04/16/2025

MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

WATER RESOURCES DIVISION

PERMIT

Issued To:

Michigan Department of Natural Resources-Wildlife Division Attn: Colter Lubben 6833 Hwys 2, 41, and M-35 Gladstone, MI 49837

Permit No: WRP022017 v.1 Submission No.: HNX-VRV0-BE94E Site Name: 55-Westman Dam Stop Logs-Cedarville Twp Issued: April 16, 2020 Expires: April 16, 2025

This permit is being issued by the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Water Resources Division, under the provisions of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA); specifically:

Part 301, Inland Lakes and Streams Part 323, Shorelands Protection and Management Part 303, Wetlands Protection Part 325, Great Lakes Submerged Lands Part 315, Dam Safety Part 353, Sand Dunes Protection and Management Part 31, Water Resources Protection (Floodplain Regulatory Authority)

Permission is hereby granted, based on permittee assurance of adherence to State of Michigan requirements and permit conditions, to:

Authorized Activity:

Install stoplogs in August each year in the Westman Dam to raise the level of the Walton River.

Remove stoplogs by the end of October of each year. Stoplogs shall be added at a rate such that a minimum downstream flow of 5 cubic feet per second is maintained in August and September, and 10 cubic feet per second in October. Stoplogs shall be removed at a rate not to exceed one half foot per day to prevent downstream flooding and erosion.

All work shall be completed in accordance with the attached plans and the terms and conditions of this permit.

Waterbody Affected: Walton River Property Location: Menominee County, Cedarville Township, TRS 35N 25W Sec 18, Property Tax No. 001-118-001-00

Authority granted by this permit is subject to the following limitations:

EGLE-WRD

WRP022017 v1.0 Approved

Colter Lubben, Michigan Department of Natural Resources-Wildlife Division 2 WRP022017 v.1

A. Initiation of any work on the permitted project confirms the permittee's acceptance and agreement to comply with all terms and conditions of this permit.

B. The permittee, in exercising the authority granted by this permit, shall not cause unlawful pollution as defined by Part 31 of the NREPA.

C. This permit shall be kept at the site of the work and available for inspection at all times during the duration of the project or until its date of expiration.

D. All work shall be completed in accordance with the approved plans and specifications submitted with the application and/or plans and specifications attached to this permit.

E. No attempt shall be made by the permittee to forbid the full and free use by the public of public waters at or adjacent to the structure or work approved.

F. It is made a requirement of this permit that the permittee give notice to public utilities in accordance with 2013 PA 174 (Act 174) and comply with each of the requirements of Act 174.

G. This permit does not convey property rights in either real estate or material, nor does it authorize any injury to private property or invasion of public or private rights, nor does it waive the necessity of seeking federal assent, all local permits, or complying with other state statutes.

H. This permit does not prejudice or limit the right of a riparian owner or other person to institute proceedings in any circuit court of this state when necessary to protect his rights.

I. Permittee shall notify EGLE within one week after the completion of the activity authorized by this permit by completing and forwarding the attached preaddressed postcard to the office addressed thereon.

J. This permit shall not be assigned or transferred without the written approval of EGLE.

K. Failure to comply with conditions of this permit may subject the permittee to revocation of permit and criminal and/or civil action as cited by the specific state act, federal act, and/or rule under which this permit is granted.

L. All dredged or excavated materials shall be disposed of in an upland site (outside of floodplains, unless exempt under Part 31 of the NREPA, and wetlands).

M. In issuing this permit, EGLE has relied on the information and data that the permittee has provided in connection with the submitted application for permit. If, subsequent to the issuance of a permit, such information and data prove to be false, incomplete, or inaccurate, EGLE may modify, revoke, or suspend the permit, in whole or in part, in accordance with the new information.

N. The permittee shall indemnify and hold harmless the State of Michigan and its departments, agencies, officials, employees, agents, and representatives for any and all claims or causes of action arising from acts or omissions of the permittee, or employees, agents, or representative of the permittee, undertaken in connection with this permit. The permittee's obligation to indemnify the State of Michigan applies only if the state: (1) provides the permittee or its designated representative written notice of the claim or cause of action within 30 days after it is received by the state, and (2) consents to the permittee's participation in the proceeding on the claim or cause of action. It does not apply to contested case proceedings under the Administrative Procedures Act, 1969 PA 306, as amended, challenging the permit. This permit shall not be construed as an indemnity by the State of Michigan for the benefit of the permittee or any other person.

O. Noncompliance with these terms and conditions and/or the initiation of other regulated activities not specifically authorized shall be cause for the modification, suspension, or revocation of this permit, in whole or in part. Further, EGLE may initiate criminal and/or civil proceedings as may be deemed necessary to correct project deficiencies, protect natural resource values, and secure compliance with statutes.

P. If any change or deviation from the permitted activity becomes necessary, the permittee shall request, in writing, a revision of the permitted activity from EGLE. Such revision request shall include complete documentation supporting the modification and revised plans detailing the proposed modification.

Proposed modifications must be approved, in writing, by EGLE prior to being implemented.

Q. This permit may be transferred to another person upon written approval of EGLE. The permittee must submit a written request to EGLE to transfer the permit to the new owner. The new owner must also submit a written request to EGLE to accept transfer. The new owner must agree, in writing, to accept all conditions of the permit. A single letter signed by both parties that includes all the above information may be provided to EGLE. EGLE will review the request and, if approved, will provide written notification to the new owner.

EGLE-WRD

WRP022017 v1.0

Approved

Colter Lubben, Michigan Department of Natural Resources-Wildlife Division 3

R. Prior to initiating permitted construction, the permittee is required to provide a copy of the permit to the contractor(s) for review. The property owner, contractor(s), and any agent involved in exercising the permit are held responsible to ensure that the project is constructed in accordance with all drawings and specifications. The contractor is required to provide a copy of the permit to all subcontractors doing work authorized by the permit.

S. Construction must be undertaken and completed during the dry period of the wetland. If the area does not dry out, construction shall be done on equipment mats to prevent compaction of the soil.

T. Authority granted by this permit does not waive permit requirements under Part 91, Soil Erosion and Sedimentation Control, of the NREPA, or the need to acquire applicable permits from the County Enforcing Agent (CEA).

U. Authority granted by this permit does not waive permit requirements under the authority of Part 305, Natural Rivers, of the NREPA. A Natural Rivers Zoning Permit may be required for construction, land alteration, streambank stabilization, or vegetation removal along or near a natural river.

V. The permittee is cautioned that grade changes resulting in increased runoff onto adjacent property is subject to civil damage litigation.

W. Unless specifically stated in this permit, construction pads, haul roads, temporary structures, or other structural appurtenances to be placed in a wetland or on bottomland of the water body are not authorized and shall not be constructed unless authorized by a separate permit or permit revision granted in accordance with the applicable law.

X. For projects with potential impacts to fish spawning or migration, no work shall occur within fish spawning or migration timelines (i.e., windows) unless otherwise approved in writing by the Michigan Department of Natural Resources, Fisheries Division.

Y. Work to be done under authority of this permit is further subject to the following special instructions and specifications:

1. Authority granted by this permit does not waive permit or program requirements under Part 91 of the

NREPA or the need to acquire applicable permits from the CEA. To locate the Soil Erosion Program Administrator for your county, visit www.mi.gov/eglestormwater and select "Soil Erosion and Sedimentation Control Program" under "Related Links."

2. The project is limited to the area of permittee’s operation and riparian interest. Care shall be taken to minimize downstream siltation. Raw banks shall be sodded or riprapped to prevent erosion. It is understood that a local government approval has been obtained. The permit does not authorize deterioration of downstream water quality or quantity.

3. All highly erodible areas shall be identified and protected with temporary erosion controls such as silt fence, riprap, and geotextile fabric.

4. The applicant will monitor the drawdown for fish stranding and rescue.

5. Any modification or revision to the approved design plans and/or specifications must be approved in writing by the MDEQ.

6. The flooding of the impoundment shall not exceed six (6) inches of elevation in a 24-hour period. The stream flow shall not be completely shut off to allow flooding of the impoundment. A minimum amount of stream flow shall be provided to the stream downstream from the dam. Flooding of the impoundment shall not occur during periods of below normal stream flow.

7. The authority to conduct the activity as authorized by this permit is granted solely under the provisions of the governing act as identified above. This permit does not convey, provide, or otherwise imply approval of any other governing act, ordinance, or regulation, nor does it waive the permittee's obligation to acquire any local, county, state, or federal approval or authorization necessary to conduct the activity.

8. No fill, excess soil, or other material shall be placed in any wetland, floodplain, or surface water area not specifically authorized by this permit, its plans, and specifications.

9. This permit does not authorize or sanction work that has been completed in violation of applicable federal, state, or local statutes.

10. The permit placard shall be kept posted at the work site in a prominent location at all times for the duration of the project or until permit expiration.

EGLE-WRD

WRP022017 v1.0

Approved Issued On:04/16/2020 www.mi.gov/eglestormwater

Colter Lubben, Michigan Department of Natural Resources-Wildlife Division 4

11. This permit is being issued for the maximum time allowed and no extensions of this permit will be granted. Initiation of the construction work authorized by this permit indicates the permittee's acceptance of this condition. The permit, when signed by EGLE, will be for a five-year period beginning on the date of issuance. If the project is not completed by the expiration date, a new permit must be sought.

Issued By:

Sean Soucy Marquette District Office Water Resources Division 906-250-0588 cc: Cedarville Township Clerk Menominee CEA

EGLE-WRD

WRP022017 v1.0

Approved

Project SiteWalton River Elev. 638.6

OHWM. 642.29

N

¼ Mile

EGLE-WRD

WRP022017 v1.0

Approved

Location of dam and stop logs

Walton River Elev. 638.6

OHWM. 642.29

Walton River Elev. 633.6

100’

N

EGLE-WRD

WRP022017 v1.0

Approved

Cross Section of Proposed Project

Elev. 642.9

Two stop log bays that this permit is for.

Each bay is 5’6”x5’6” Each stop log is 5’6”x3”x6” (11 stop logs in each bay when it is full)

50’6”

8’6”

EGLE-WRD

WRP022017 v1.0

Approved