Public Notice ISSUED: 11 January 2019 EXPIRES: 11 February 2019

Transcription

1 APPLICAN: REFER O: Mont Du Lac Recreation c/o Mike O Hara 35 South Mont Du Lac Drive Superior, I MS Public Notice ISSUED: January 9 EXPIRES: February 9 SECION: 44 Clean ater Act SECION: Rivers & Harbors Act APPLICAION FOR PERMI O dredge 4 acres of the St Louis River in Mont Du Lac Bay and to discharge fill material into 7acre of its adjacent wetlands SPECIFIC INFORMAION PROJEC LOCAION: he project site is located in Section 8, ownship 48 North, Range 5 est, Douglas, isconsin he approximate coordinates are Latitude , Longitude 9793 DESCRIPION OF PROJEC: he proposed project involves dredging to deepen an area of shallow marsh and shallow open water in Mont Du Lac Bay measuring approximately 5 feet long by feet wide and dredging a channel to the St Louis River approximately 95 feet long by 3 feet wide to allow for boat access and docking he area would be dredged to a depth of 65 feet mean low water datum with 4: side slopes It is anticipated that the dredging would be completed via mechanical methods using amphibious excavation and material transport equipment Dredged material would be transported to an upland area for stockpiling and dewatering he project also includes the construction the construction of a canoe/kayak launch and associated access path and installation of a pier with four boat slips QUANIY, YPE, AND AREA OF FILL: Fill material would be discharged in approximately 7acre of alder thicket wetlands adjacent to Mont Du Lac Bay of the St Louis River for the construction of a canoe/kayak launch and associated access path DESCRIPION OF DREDGING: Approximately 9, cubic yards of sediment would be mechanically dredged to a depth 65 feet mean low water datum with 4: side slopes in approximately 4 acres of Mont Du Lac Bay All dredged material would be placed in an upland location DESCRIPION OF SRUCURE: A modular floating pier would be constructed on pilings and extend approximately feet out from the shoreline into Mont Du Lac Bay he configuration of the pier would include a main 5foot wide by foot long main stem with six perpendicular 5foot wide by 4foot long finger piers VEGEAION IN AFFECED AREA: he 4 acres of water proposed be dredged consists of 6 acres of shallow open water vegetated with submerged aquatic species such as bladderwort, coontail and pondweed and 34acres of shallow marsh vegetated with burrreed, cattail and various sedge species he 7acre of alder thicket wetlands proposed to be filled for the canoe/kayak launch is dominated by speckled alder, lake sedge and Canada bluejoint grass SOURCE OF FILL MAERIAL: he fill material is anticipated to be obtained from a commercial source

2 Regulatory Branch (File No 83MS) SURROUNDING LAND USE: he project site is generally undeveloped forested land and wetlands associated with the St Louis River and is part of the Mont Du Lac Recreation Area HE FOLLOING POENIALLY OXIC MAERIALS COULD BE USED A HE PROJEC SIE: Hydraulic fluids and fuels from heavy equipment could potentially be found during construction HE FOLLOING PRECAUIONS O PROEC AER QUALIY HAVE BEEN DESCRIBED BY HE APPLICAN: A turbidity curtain would be placed at the opening of Mont Du Lac Bay to the St Louis River to contain any disturbed sediment due to dredging activities Soil erosion control structures such as straw bales and silt fence will be placed parallel to the waterway and across the access route to minimize impacts to the waterways Access through wetland areas would be completed using a combination of temporary construction mats and/or low ground pressure equipment Additional temporary terrestrial erosion and sediment controls would include silt fence around the perimeter of all haul roads, containment berms, and dewatering structures Upon completion of the bay dredging and shoreline grading, restoration activities at all disturbed areas will begin immediately and these sites will be restored to preconstruction conditions MIIGAION: he applicant proposes to compensate for the conversion of 34acre of shallow marsh to open water and the permanent loss of 7acre of alder thicket wetlands by debiting wetland credits from an approved wetland mitigation bank located in the Lake Superior bank service area Final wetland mitigation debit ratios by wetland type is pending 3 FEDERALLYLISED HREAENED OR ENDANGERED ILDLIFE OR PLANS OR HEIR CRIICAL HABIA None were identified by the applicant or are known to exist in the permit area However, Douglas is within the known or historic range of the following Federallylisted species: Gray wolf Endangered Habitat: Northern forested areas Canada Lynx hreatened Habitat: here is final critical habitat for this species he project location is outside the critical habitat Northern longeared bat hreatened Habitat: Hibernates in caves and mines swarming in surrounding wooded areas in autumn During summer, roosts and forages in upland forests Piping Plover Endangered Habitat: Sandy beaches and islands Red Knot hreatened Habitat: Coastal areas along Lake Superior Fassett's Locoweed hreatened Habitat: Open sandy lakeshores his application is being coordinated with the US Fish and ildlife Service Any comments it may have concerning Federallylisted threatened or endangered wildlife or plants or their critical habitat will be considered in our final assessment of the described work 4 JURISDICION his application is being reviewed in accordance with the practices for documenting Corps jurisdiction under Sections 9 & of the Rivers and Harbors Act of 899 and Section 44 of the Clean ater Act identified in Regulatory Guidance Letter 6 Page of 4

3 Regulatory Branch (File No 83MS) 5 SAE SECION 4 AER QUALIY CERIFICAION AER QUALIY CERIFICAION his Public Notice has been sent to the isconsin Department of Natural Resources and is considered by the District Engineer to constitute valid notification to that agency for Section 4 water quality certification A permit will not be granted until the isconsin Department of Natural Resources has issued or waived Section 4 certification 6 HISORICAL/ARCHAEOLOGICAL A Phase I Archeological Survey was conducted for the proposed project on June 8, 8 he survey area included the terrestrial portion of the project area proposed for disturbance as well as the approximately 4acre Mont Du Lac Bay area proposed for dredging Based on the results of the Phase I archaeological survey, no historic properties would be affected by the proposed project 7 PUBLIC HEARING REQUESS Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application Requests for public hearings shall state, in detail, the reasons for holding a public hearing A request may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served 8 PUBLIC INERES REVIE he decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest hat decision will reflect the national concern for both protection and utilization of important resources he benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments All factors which may be relevant to the proposal will be considered, including the cumulative effects Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production and, in general, the needs and welfare of the people Environmental and other documents will be available for review in the St Paul District Office he Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal o make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity Page 3 of 4

4 Regulatory Branch (File No 83MS) COASAL ZONE MANAGEMEN he isconsin Coastal Management Program (CMP) in the Department of Administration is inviting public comment regarding this project he CMP may conduct a Federal consistency review to verify that the project will comply with State policies in isconsin's coastal zone Further information may be obtained from the Federal Consistency Coordinator at: isconsin Coastal Management Program, PO Box 7868, Madison, I ; (68) Any comments on whether or not this proposed project complies with the State enforceable policies should be received within 3 days by the Federal Consistency Coordinator 9 REPLIES/COMMENS Interested parties are invited to submit to this office written facts, arguments, or objections within 3 days of the date of this notice hese statements should bear upon the suitability of the location and the adequacy of the project and should, if appropriate, suggest any changes believed to be desirable Comments received may be forwarded to the applicant Replies may be addressed to: Regulatory Branch St Paul District Corps of Engineers 637 Hayward Court, Unit Hayward, I Or, IF YOU HAVE QUESIONS ABOU HE PROJEC, call Bill Sande at the Hayward office of the Corps, telephone number (65) 9588 o receive Public Notices by , go to: and add your information in the New Registration Box Enclosures: Project figures Page 4 of 4

5 Barr Footer: ArcGIS 6, 89 : File: I:\Projects\49\6\46\Maps\Concept_Design\Permitting\Figure Site Location opomxd User: mak3 homson ownship 48 R5 S6 win Lakes ownship 48N, R6 S Carlton Silver Brook ownship 48N, R6 S4 48N, R5 S5 Saint Louis _ ^ City of Duluth 48N, R5 S4 48N, R5 S9 48N, R5 S8 48 R5 S7 48 R5 S8 48N, R5 S7 48 R5 S9 48 R5 S _ ^ Site Location Site Location Carlton 48N, R6 S3 48N, R5 S6 ta Minneso in iscons 48N, R6 S Saint Louis _ ^ 48 R5 S8 48N, R5 S8 48 R5 S7 48 R5 S5 Douglas Superior ownship 48 R5 S6 Douglas 48N, R5 S9 48 R5 S9 48 R5 S ;! N,, Feet 48 R5 S SIE LOCAION Mont Du Lac Bay Restoration MDLRA Douglas, isconsin FIGURE 83MS, Page of 6

6 _ ^ 6 L St is ou 7 PSSC 7 73 etlands (National etlands Inventory) PFOA!!!! Freshwater Emergent!!!!!!!! etland PEMC Haul Road Project Area PEMA ransfer & urnaround Area Barr Footer: ArcGIS 6, 89 :7 File: I:\Projects\49\6\46\Maps\Concept_Design\Permitting\Figure Site Layout and etland Communitiesmxd User: mak ft LiDAR Contour r ve Ri Freshwater Forested/Shrub etland PEMC Riverine Existing Ditch 66 PUBH Field Delineated etlands Alder hicket PEMC 7 Floodplain Forest Floodplain Forest/Scrub Scrub est Stockpile/Processing Areas Seasonally Flooded Basin PFOA/SSB ;! N Feet Shallow Open ater East Stockpile/Processing Area 6 ransfer & urnaround Area Shallow Marsh SIE LAYOU & ELAND COMMUNIIES Mont Du Lac Bay Restoration MDLRA Douglas, isconsin Figure 77 83MS, Page of 6

7 MINNESOA S L ELAND DELINEAION EXEN OU IS RI VE R ISCONSIN PARCEL ONERSHIP: DL SKIING LLC DOUGLAS COUNY 5 6 PARCEL ONERSHIP: DL SKIING LLC PARCEL ONERSHIP: DOUGLAS COUNY MAERIAL RANSFER AREA PROPOSED PIER SEE C EXISING BUILIDING 65 NI ELANDS 5945 EMPORARY CONAINMEN BERM PROPOSED CANOE/KAYAK LAUNCH MAERIAL RANSFER AREA ELAND DELINEAION EXEN S L EAS MAERIAL SORAGE/DEAERING AREA FIELD DELINEAED ELANDS 5 67 CADD USER: Andy M Strasser FILE: M:\DESIGN\49646 MON DU LAC HARBOR RESORAION\49646_C_SIE PLANDG PLO SCALE: : PLO DAE: /5/8 9:5 AM BAR M:\AutoCAD \AutoCAD Support\enu\emplate\Barr emplatedwt Plot at /5/ 4:3:5 PARCEL ONERSHIP: ISCONSIN DEPARMEN OF NAURAL RESOURCES ES MAERIAL SORAGE/DEAERING AREA PARCEL ONERSHIP: DL SKIING LLC SIE PLAN NOES: FROM APRIL JUNE 3, MAINAIN UNRESRICED FLO AND UNDISURBED CHANNEL BEEEN MON DU LAC BAY AND HE S LOUIS RIVER CONRACOR SHALL RESORE PAHS AND RAILS O PRECONSRUCION CONDIIONS UPON COMPLEION OF ORK ALL EMPORARY EROSION CONROL FEAURES SHALL BE INSALLED PRIOR O HE SAR OF CONSRUCION, UNLESS OHERISE SPECIFIED 4 N SCALE IN FEE 3 LEGEND: EXISING 5' CONOUR SOCKPILE/PROCESSING AREA EXISING 5' CONOUR ACCESS RAIL AND KAYAK/CANOE LAUNCH GRADING PROPOSED 5' CONOUR PROPOSED ' CONOUR CONRACOR SHALL REMOVE EMPORARY EROSION CONROL FEAURES UPON COMPLEION OF CONSRUCION OR HEN VEGEAION IS ADEQUAELY ESABLISHED O PREVEN EROSION, HICHEVER OCCURS LAER SIL FENCE PROPERY LINES FLOAING SIL CURAIN ELAND BOUNDARY SHORELINE (OHM EL 63) FEMA FLOODPLAIN BOUNDARY DRAF ISSUED FOR PERMIING NO FOR CONSRUCION CLIEN PRINED NAME SIGNAURE NO BY CHK APP DAE REVISION DESCRIPION DAE LICENSE # RELEASED O/FOR A B C DAE RELEASED 3 Scale AS SHON BARR ENGINEERING CO 35 SOUH LAKE AVENUE SUIE 7 DULUH, MN 558 Date /9/8 Ph: Fax: (8) 598 wwwbarrcom Designed Project Office: CONSRUCION BID Corporate Headquarters: Minneapolis, Minnesota Ph: Drawn Checked Approved AMS4 MON DU LAC BAY RESORAION MON DU LAC RECREAION AREA SUPERIOR, ISCONSIN BARR PROJEC No CLIEN PROJEC No SIE PLAN DG No REV No C 83MS, Page 3 of 6

8 4 6 PARCEL ONERSHIP: DL SKIING LLC FEMA FLOODPLAIN BOUNDARY 6 DOUGLAS COUNY PARCEL ONERSHIP: DOUGLAS COUNY D D3 5 D3 ' 3' PARCEL ONERSHIP: DL SKIING LLC ACCESS RAIL AND KAYAK LAUNCH SURFACE PARCEL ONERSHIP: ISCONSIN DEPARMEN OF NAURAL RESOURCES 6 6 SHORELINE (OHM EL 63) FIELD DELINEAED ELAND BOUNDARY 6 NOES: FROM APRIL JUNE 3, MAINAIN UNRESRICED FLO AND UNDISURBED CHANNEL BEEEN MON DU LAC BAY AND HE S LOUIS RIVER CADD USER: Andy M Strasser FILE: \\DULCAD\CAD\DESIGN\49646 MON DU LAC HARBOR RESORAION\49646_C BAY DREDGE PLANDG PLO SCALE: : PLO DAE: /5/8 9:8 AM BAR M:\AutoCAD \AutoCAD Support\enu\emplate\Barr emplatedwt Plot at /5/ 4:3:5 ' MON DU LAC BAY DREDGE PLAN 5 N LEGEND: EXISING ' CONOUR SCALE IN FEE DREDGE CHANNEL DEPH O 66' BELO LO AER DAUM (6') 3 CHANNEL SIDE OPES OF 4: (H:V) PROPOSED 5' CONOUR 4 CHANNEL BOOM IDH OF 3' PROPOSED ' CONOUR EXISING ' CONOUR PROPERY LINES ELAND BOUNDARY FEMA FLOODPLAIN BOUNDARY FLOAING SIL CURAIN DRAF FOR PERMIING ONLY NO FOR CONSRUCION SHORELINE (OHM EL 63) CLIEN PRINED NAME SIGNAURE NO BY CHK APP DAE REVISION DESCRIPION DAE LICENSE # RELEASED O/FOR A B C DAE RELEASED 3 Scale AS SHON BARR ENGINEERING CO 35 SOUH LAKE AVENUE SUIE 7 DULUH, MN 558 Date //8 Ph: Fax: (8) 598 wwwbarrcom Designed Project Office: CONSRUCION BID Corporate Headquarters: Minneapolis, Minnesota Ph: Drawn Checked Approved AMS4 MON DU LAC BAY RESORAION MON DU LAC RECREAION AREA SUPERIOR, ISCONSIN BARR PROJEC No CLIEN PROJEC No DREDGE AND GRADING PLAN DG No C 83MS, Page 4 of 6 REV No

9 LO AER DAUM (6') EXISING SURFACE EXISING SURFACE LO AER DAUM (6') 6 4: (H:V) 4: (H:V) 6 6 4: (H:V) 4: (H:V) 6 PROPOSED CHANNEL BOOM ELEVAION ' PROPOSED CHANNEL BOOM ELEVAION 5945 CROSS SECION: BAY HORIZONAL SCALE: VERICAL SCALE: SCALE IN FEE 4 6 SCALE IN FEE CROSS SECION: CHANNEL ENRY HORIZONAL SCALE: SCALE IN FEE 4 6 VERICAL SCALE: SCALE IN FEE 4 8 CADD USER: Andy M Strasser FILE: \\DULCAD\CAD\DESIGN\49646 MON DU LAC HARBOR RESORAION\49646_C3_DREDGE_PROFILESDG PLO SCALE: : PLO DAE: /5/8 9: AM BAR M:\AutoCAD \AutoCAD Support\enu\emplate\Barr emplatedwt Plot at /5/ 4:3:5 SIGNAURE RELEASED NO BY CHK APP DAE O/FOR REVISION DESCRIPION EXISING SURFACE PROPOSED CHANNEL BOOM ELEVAION 5945 PRINED NAME 65 6 DAE LICENSE # 4: (H:V) 3' CROSS SECION: MID CHANNEL HORIZONAL SCALE: VERICAL SCALE: CLIEN BID 4: (H:V) CONSRUCION SCALE IN FEE 4 DAE RELEASED 65 6 A B C 3 6 SCALE IN FEE 4 8 LO AER DAUM (6') Corporate Headquarters: Minneapolis, Minnesota Ph: Project Office: BARR ENGINEERING CO 35 SOUH LAKE AVENUE SUIE 7 DULUH, MN 558 Ph: Fax: (8) 598 wwwbarrcom Scale Date Drawn Checked Designed Approved AS SHON /9/8 AMS4 MON DU LAC RECREAION AREA SUPERIOR, ISCONSIN MON DU LAC BAY RESORAION RESORAION DREDGE CHANNEL SECIONS ISSUED FOR PERMIING NO FOR CONSRUCION BARR PROJEC No CLIEN PROJEC No DG No REV No C3 83MS, Page 5 of 6

10 ' ' 4' ' 5' 53' S4 OHM EL 63' 4' MODULAR FLOAING PIER LD EL 63' PROPOSED PIER GANGAY 5' ' 4' ' 4' ' 5' " GANGAY ' 86' PROPOSED DREDGE SURFACE CADD USER: Andy M Strasser FILE: \\DULCAD\CAD\DESIGN\49646 MON DU LAC HARBOR RESORAION\49646_C4_PIER PLAN AND PROFILEDG PLO SCALE: : PLO DAE: /5/8 9:5 AM BAR M:\AutoCAD \AutoCAD Support\enu\emplate\Barr emplatedwt Plot at /5/ 4:3: ACCESS PAH 65 SIGNAURE RELEASED NO BY CHK APP DAE O/FOR 64 REVISION DESCRIPION 63 6 PRINED NAME DAE LICENSE # SHORELINE 64 MON DU LAC BAY: PIER PLAN SCALE IN FEE CLIEN BID CONSRUCION 6 PROPOSED KAYAK/CANOE LAUNCH AREA N A B C 3 DAE RELEASED Corporate Headquarters: Minneapolis, Minnesota Ph: Project Office: BARR ENGINEERING CO 35 SOUH LAKE AVENUE SUIE 7 DULUH, MN 558 Ph: Fax: (8) 598 wwwbarrcom Scale Date Drawn Checked Designed Approved AS SHON /3/8 AMS4 LEGEND: MON DU LAC RECREAION SUPERIOR, ISCONSIN PIER PILINGS PIER PROFILE HORIZONAL SCALE: VERICAL SCALE: EXISING ' CONOUR EXISING ' CONOUR PROPOSED 5' CONOUR PROPOSED ' CONOUR SHORELINE (OHM EL 63) SCALE IN FEE 5 SCALE IN FEE MON DU LAC BAY RESORAION PIER PLAN AND PROFILE DRAF FOR PERMIING ONLY NO FOR CONSRUCION BARR PROJEC No CLIEN PROJEC No DG No C4 REV No 83MS, Page 6 of 6