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HomeMy WebLinkAbout06000050028000_Conditional Use Permits_10-19-1999DO ~X^r 4csKs ( cJUJk OTTER TAIL COUNTY Conditional Use Permit # sni Owner’s Name ~T«cl hp.___________________ Address Z(5 5- GrS>4a-d€. ^3^ ^ Location: Lake Sec. 5^ Twp. Range ¥2_ Twp. Name qV' 0(Jc/-05-c^ij-oo^A ^ 6/ .s nooJ Jcov-ns-f/gcu^Work Authorized:__LyCScAA-u) "/o (M.^ f;I ^Pc ( /zoo ( jAA^ccfse._Ai7e 'flc-fer (jJj)/oi/c 6<^ :A' ^Ajgp> Lana and Resource Management Official Expires:Issued: /tfni I.S-*^1. Earthmoving shall be done between 2. Entire area shall be stabilized within 10 days of the completion of any earthmoving. 3. Owner is legally responsible for all surface water drainage that may occur, 4. No fill shall enter or be taken from the beds of a public water without a valid permit from the State of Minnesota Department of Natural Resources. 5. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution. 6. This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be done, and shall be maintained there until completion of such work. 7. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT. TELEPHONE (218) 739-2271, WHEN AUTHORIZED WORK HAS BEEN COMPLETED. & BK-1099-046 2M.111 • Vidor Lundven Co.. Primers • f^orgus FaM. MN • 1-800-346-4470 . ;• >• ; /•854455 I OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # _I was filed/recorded in this office for record on the 2 ^ day of 1 Acf 1999 at ^ 854455 Deputy Wendy L. Metcalf, County Reo by: I k[ ^^recording fee ^ ^ well certificate er THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 *** COMPLETE THIS APPLICATION IN BLACK INK*** $90.00Application Fee Receipt Number PROPERTY OWNER Otter Tail Power Company DAYTIME PHONE (218) 729-8411 215 South Cascade Street/ Fergus Falls, MN 56537ADDRESS orreurfyiL jltoe/l A C?5^'OR^LAKE NUMBER LAKE NAME LAKE CLASS SECTION___05 132 RANGE 043 TOWNSHIP NAME BuseTOWNSHIP R06000050028000PARCEL NUMBER FIRE/LAKE I.D. NUMBER LEGAL DESCRIPTION E 5 AC. of Lot 6 EX S 1100 EXPLAIN YOUR REQUEST Increase size of downstream left (south) embankment to improve factor of safety required by the Federal Energy Regulatory Commission (FERC). / Roo \(h (? I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) BK-029»«06 294.913 ■ Victor Lundeen Co.. Printer * Fergus Falls. Minnesota Accepted By Land & Resource L & R Official/Date ^6(7 (3, (111 Date Of Planning Commission Hearing Time Planning Commission Motion October 13.1999 Motion: A motion by Lachowitzer, second by Estes to approve as presented, since this project has been required by the Federal Engery Regulatory Commission. Chairman/Otter Tail County Planning Commission County Board Action Approved As Recommended Denied As Recommended /»//?/9g Date of Final Actionairman/Otfer Tali'County Board of Commissioners L & R OfficiaVDate S"^4lCONDITIONAL USE PERMIT # Permit(s) required from Land & Resource Management ^ No Yes (Contact Land & Resource Management) L & R Onicial/Date Copy of Application Mailed to Applicant And MN DNR (O, I. <±U P ^7Vf / ■7' V y i^joo O/!-^ M-i A^ca ChP* S'7^1 C?Hl Y/V/DD Oxu^ P-0.~. 12^>ujo\ r- <L^P^*' ^7‘U /■<. •<.' <- zj)S)ob C^p'^ 57HI 60 a. T R.^yZ-AA c^p^ Rl^\ <. @A y' C) /2<J^ c^p^ - / ixcc, p.pp,T. (Lihp^ sy HI y (B • V OTTER TAIL POWER COMPANY Pisgah Hydroelectric Project Federal Energy Regulatory Commission (FERC) #10853 Left Embankment Stabilization SUPPORTING DESIGN REPORT Scope. Stability analyses of the left embankment were completed in December 1995 using measured piezometric levels and indicate the factor of safety against failure for the normal conditions are below the Federal Energy Regulatory Commission (FERC) guidelines. The piezometric levels recorded in the downstream slope are unusually high and almost at full headwater. Therefore the objective of this study is to design and prepare specifications to construct a stabilizing berm to: increase the weight of soil overlying high uplift areas to prevent piping or a “blow out failure”; 1) provide drainage for any seepage; and2) increase the resisting moment of the slip circle failure surface to raise the factor of safety above FERC requirements for normal conditions. 3) Project Description. Pisgah Dam is located on the Otter Tail River in the City of Fergus Falls, Minnesota. The dam consists of earthfill embankments flanking a concrete spillway and a concrete and brick structure powerhouse. The right embankment is 220 feet long with a 2.5 horizontal to 1 vertical downstream slope while the left embankment is approximately 150 feet long with a 2 horizontal to 1 vertical downstream slope. The height of the left embankment is approximately 22 feet and the crest width is 12 feet. A central concrete gravity core wall extends 115 feet into the left embankment from the left end of the powerhouse. Seepage control measures at the time of construction included steel sheet pile foundation cutoffs. Background. High piezometric levels have been observed in the left embankment for several years and consequently several studies have been conducted to evaluate its stability. A short chronology of events is presented to provide a background for the stabilization efforts; Page 1July, 1996 Pisgah Hydroelectric Facility Left Embankment Stabili2ation Supporting Design Report These uplift pressures create low factors of safety against sliding because they reduce the effective weight of the soil material which contribute to the resisting moment against sliding. Weighting Berm Design. Several analyses were completed to select a berm size which raises the resisting moment sufficiently to create a higher factor of safety against sliding for normal conditions (Harza, 1994). Other pressure relief systems such as relief wells or French drain systems were not evaluated in this study as increased seepage in the downstream area was not desirable due to increased maintenance. The selected alternative to raise the factor of safety against sliding and to prevent piping is a two- stage weighting berm with the first 20-foot tier at elevation 1145 and the second 20-foot tier at elevation 1140. The selected berm raises the factor of safety against sliding to 1.67 for current piezometric data on uplift, which is above the FERC required 1.5 for normal conditions (Harza, 1994). The berm is depicted in the contract plans and is included as Appendix A, Contract Plans. The berm is designed to increase the factor of safety of a slip circle failure through the downstream slope by increasing the resisting moment. The berm also reduces the risk of piping by providing downward pressures from the berm and underlying soil’s weight greater than the measured uplift pressures. The berm is founded on a drainage blanket to control any seepage into the berm. Design Criteria. The following properties have been used in developing the design contained in the contract plans for the selected alternative. Piezometric Levels. Piezometric levels have been collected since the installation of the piezometers in 1988. The levels used in the design represent the maximum values recorded for the higher uplift pressures measured in P-3 while the remaining piezometric levels represent a constant value. The piezometric levels measured in the left embankment utilized for the analysis and design are presented-in Table 1, Piezometric Design Levels. Table 1. Piezometric Design Levels Elevation (ft)Piezometer Headwater 1156.0 Page 3July, 1996 Pisgah Hydroelectric Facility Left Embankment Stabilization .i Supporting Design Report Berm Fill Material Properties. The material properties used in the stability analysis for the :berm fill material were the same as the enibankmentfiirais this material is assumed to be easily foun^m the project area. The placed berm fill will'have the following performance properties to ensure the material meets the material values used in the analysis: 1) In place unit weight = y = 129 Ib/ft^; and 2)Internal angle of fiiction = (j) = 36°. From the 1700 material tesfts conducted by the U.S. Bureau of Reclamation (USBR), a well-graded sand which conforms to the Unified Soil Glassification System (USGS) classification as a “SW” should produce field placement values which average near the performance requirements (USBR, 1987). The report gives the following values for the compacted SW material: Compacted, placed unit weight = y^ois, = 135 Ib/ff;1) 2)Optimum moisture content =13.3%; and Internal angle of friction = <j) = 383)o ^ • The compaction requirements are not given for the materials listed in U.S. Bureau of Reclamation’s study. Therefore, the berm fill material should be compacted to 95% Standard Proctor to meet the - performance requirements. In an attempt to meet the SW requirements for the berm fill material the following,gradation was derived: Table 3. Berm Fill Material Gradation Sieve % Passing 4"100 • V- 3/4"90 TO 100 NO. 4 75 TO 95 NO. 10 55 TO 85 NO. 20 40 TO 65 Page 5July, 1996 Pisgah Hydroelectric Facility Left Embankment Stabilization Supporting Design Report NO. 40 25 TO 55 NO. 100 5 TO 25 NO. 200 0TO5 The detailed calculations to support the berm fill material are contained in Appendix B, Design Calculations. Drainage Material Properties As seepage can enter the fill material fi’om precipitation or leakage of the aquitard a drainage blanket is provided to transmit the seepage an existing drainage ditch. The drainage material gradation was sized to prevent the transport of fines and provide a sufficient permeability to transmit the seepage. The material was sized utilizing the Harza Geotechnical Filter Design Guide DG-FE-4 which references the Terzaghi and U.S. Army Corp of Engineer approaches. The analysis determined a material with 0.40 mm ^ D,5 ^ 2.25 mm and a Coefficient of Uniformity = Cu ^20 was used to select a D«, = 15 mm. Using these criteria, a gradation requirement as given in Table 4 was selected for the design. Table 4. Drainage Filter Material Gradation. Sieve % Passing 4"100 85 TO 1002" 65 TO 901" 3/8"45 TO 70 NO. 4 35 TO 60 NO. 16 0TO35 NO. 50 OTO 10 The detailed calculations supporting the filter design are contained in Appendix B, Detailed Calculations. Page 6July, 1996 Pisgah Hydroelectric Facility Left Embankment Stabilization Supporting Design Report Specifications. The specifications required to ensure the construction is completed and the design objectives are met are contained on the contract plans. Additional specifications will be contained in the OTPC General Provisions. Quantities. The quantities for the designed berm are based upon the plan and sections presented on the OTPC drawing “Pisgah Dam - Borehole Locations & Cross Sections, No. L-R/W-S-248-213.” The drawing’s last revision was on 9/4/94. In comparing the cross sections presented on this drawing with the cross section completed specifically for the slope stability analysis through the line of PI through P3, elevation differences were noticed. Therefore, the quantities are calculated from the cross sections presented on the OTPC drawing but include a 25% contingency. The summary of quantities is included in Appendix C, Bid Schedule. References. U.S. Bureau of Reclamation, Design of Small Dams. Second Edition, 1973, pp. 135-137. U.S. Bureau of Reclamation, Design of Small Dams. Third Edition, 1987, pp. 96-97. Harza Engineering Company letter to OTPC, Evaluation of Left Embankment Stability, November 9, 1994. Harza Engineering Company, Geotechnical Filter Design Guide DG-FE-4, June 21, 1989. Page 7July, 1996 OTTER TAIL RIVER y *r / G) trCfii I /r /?/I \ ; ;a LtVtV. . haTOWAL •iA MATCH EXiSTINO GROUND ELEVATIONS ADJUST LOCALLY TO MATOI EXISTING GROUND ELEVATIONS Ub plan -- • II8Q i 1 S2.B*i M <-9RrI EL 3" IfAt * M XT<r ■ ssuSTSifiapaBB T EJ!/. rMi FitI ■~;Ct I ee ZAis ^OH, :,Tet S TO,I OI± ^fiClfl^crca ur*C. H : H Qt-BO.1160 7^ ■EL f/¥S.O /V-" _V7>7^ ir“ot-F(1160 .. ,7i a //-(tc.o 2.5.t: CIP ?;//;=■-..V.' A^f>KO S1U ar 6 i^ou w!o p-Dosc«.REVIEWED Ctro.Civt.. UCCH.c*«o. CICCT.S'JOU. ArpRovto / I?} J >1.6II 11602t-l5 IISO II' 12 11602-fO( MSP SYMBOLS BBRM R/LL M^TERfAL III 10 1160 1-h SC K4^J0.BU. 1150/drainage eilter MATERIAU•: v-r,- /A 7*5 V H^^TFBIAl PPnPF.RTIF.S USI ■; •/• PassingSieve 1004"■;. 85 TO 10012- 65 TO 901- 45 TO 703/8- 35 TO 60NO. 4 0TO35NO. \6 OTO 10NO. 50 B£RM FILL MATERIAL;1. PLACED UNIT WEIGKTOF 129 LB/FT''3; AND 2. CONFORM TO THE FOLLOWING GRADATION: % PassingSieve 1004* 90 TO 1003/4- NQIES:75 TO 95NO. 4 55T0«5NO. 10 1 ALL WORK TO BE.COMPLETED IN ACCORDANCE WITH THE LATEST EDITION OF THE MINNKOTA DEPARTMENT OF TRANSPORTATION GENERAL SPECIFICATIONS AND STANDARDS UNLESS OTHERWISE SPECIFIED ON THE CONTRACT PLANS. 2, ALL ELEVATIONS ARE IN REFERENCE MEAN SEA LEVEL. SURVEY CONTROL AND TOPOGRAPHY IS AS OTABLISHED BY OTTER TAIL POWER COMPANY (OTPC) FROM OTPC DRAWING L-R/W-S-248-213. SECTIONS ARE ■ taken PERPENDICULAR TO LINE FROM BRASS MONUMENT NO. 2 TO FREE FROST MONUMENT FF-l. 3. CONTRACTOR SHALL CLEAR AND GRUB ALL AREAS WHERE DRAINAGE FILTER AND BERM FILL MATERIAL ARE TO BE PLACED NO. 20 40 TO 65 25 TO 55NO. 40 NO. 100 NO. 200 j o TO 5 i s TO 25 ■t 4. DRAINAGE FILTER MATERIAL SHALL CONFORM TO THE GRADATIONS AS . , SHOWN ON THE MATERIAL PROPERTIES LIST, material SHALL BE i PLACED AT A MINIMUM OF 12" IN THICKNESS AS SHOWN IN THE CROSS SECnONS. MATERIAL SHALL HAVE A MINIMUM.OF 24" OF COVER OF BERM FILL MATERIAL (SEE DETAIL). DRAINAGE FILTER MATERIAL SHALL BE compacted WITH THREE passes OF A HOLLOW DRUM ROLLER . rEL. f 145.0 __t——L-• .• •: 5. BERM FILL MATERIAL SHALL CONFORM TO THE GRADATIONS AND SPECIFICATIONS AS LISTED ON THE MATERIAL'PROPERTIES LIST. contractor SHALL COMPACT MATERIAL IN 12" LIFTS TO THE SPECIFIED ''' UNIT WEIGHTS. THE MATERIAL SHALL BE COMPACTED TO 95% STANDARD PROCTOR Values, the berm fill material shall be placed as to PROVIDE A MINIMUM OF 24" INCHES OF COVER FOR THE DRAINAGE ■^FILTER MATERIAL. 6. 5 FIELD DENSITY MEASUREMENTS SHALL BE TAKEN AT LOCATIONS TO BE SPECIFIED BY OTPC FOR EACH PLACED MATERIAL AND SUBMITTED TO OTPC FOR REVIEW. .7. 4 INCHES OF TOPSOIL SHALL BE PLACED ON TOP OF COMPACTED BERM FILL MATERIAL. SEEDING SHALL BE PLACED IN TOPSOIL. 3 I— F=ri_-Tee pAArrHurM./ APF'FiO:^. A-A :■ , 8. EXISTING PIEZOMETERS (P-11. P-12) SHALL BE RAISED TO EL. 1147 BY PLACING AN additional STEEL STANDPIPE SEGMENT TO TOE REQUIRED elevation. _ bbrm EL. H4&.0 40ft.i;Scal« 0 2P EXCEPT AS NOTED i OTTERTAIL POWER COMPANY PI5CAH DAM - LEFT EMBANKMENT STABILIZATION I N.TB. PROPOSED MODIFICATIONS PLAN. SECTIONS AND DETAILS WARZA. engineering company dwg.no.DATE SEPT. 1999 ' 20400-03 -CHICAGO.ILLINOIS J! Permit Number 2011-0029r. ^ -0 DAM SAFETY AND PUBLIC WATERS sios*'" WORK PERMITOEMRTHWOF naturalRESOURCES 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 a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform the work as authorized below; Public Water Otter Tail River (56013a) County Otter Tail (56) Name of Permittee Otter Tail Power Company, c/o T.J. Newkirk Telephone Number (Include Area Code) (218)739-8314 Address (No. & Street, RFO, Box No., City, State, Zip Code) Hoot Lake Plant, 1012 Water Plant Road, Fergus Falls, MN 56537 Authorized Work: Permittee shall make repairs to Pisgah Dam. Repairs include improving the right embankment, repairing 5 concrete piers, and repairing the right abutment wall. All work shall be completed according to the plans entitled “Pisgah Dam Repairs, Fergus Falls, MN”, prepared by Barr Engineering Company and signed and dated 03/29/10. Purpose of Permit: Maintain Dam. Expiration Date of Permit December 31,2012 Property Described As: NE1/4 NE1/4, Section 5, Township 132 North, Range 43 West, Otter Tail County UTM Zone 15 coordinates: Easting: 260933 Northing: 5129792 This permit is granted subject to the following CONDITIONS: 1. 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. This permit does not release the permittee of any permit requirement of the St. Paul district, U.S. Army Corps of Engineers, Army Corps of Engineers Centre, 190 Fifth Street East, St. Paul, MN 55101-1638. 2. This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources. 3. 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. 4. The permittee shall make no changes, without written permission previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder. 5. 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. 6. This pemriit 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 provisions or applicable law of this permit, unless otherwise provided in the Special Provisions. 7. 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, stating the reason thereof, upon written request to the Commissioner of Natural Resources. 8. 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. 9. 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 provisions of law. 10. 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. 11. 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. 12. Spoil material shall not be placed on the beds of protected waters, and wherever possible, such material should not be placed anywhere within areas subject to flooding. All spoil materials is to be placed on upland areas only and is specifically prohibited from deposition within any wetland areas. 13. Invasive Species. All equipment used must be free of prohibited invasive species and aquatic plants prior to transport to or use in public waters. All equipment used in waters known to contain aquatic invasive species shall be inspected by the permittee or the contractor and adequately decontaminated prior to being transported. The DNR is available to train or assist in these inspections. A list of designated infested waters is found at httD://files.dnr.state.mn.us/eco/invasives/infestedwaters.pdf. A. Before transporting equipment from a work site, inspect all equipment that had been in contact with the water and remove all visible aquatic remnants [plants, seeds, mud, soil, and animals]. Power washing followed by drying (7 days) is an acceptable method to ensure killing and removal of invasive species. B. Before transporting equipment from a work site, drain all water from equipment where water may be trapped, such as tanks, pumps, hoses, silt curtain, and water-retaining components of boats/barges. C. After spraying and draining, dry equipment that has been in infested waters for a minimum of 7 days before reuse. 14. General Erosion Control: Erosion control measures shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed in accordance with “The Minnesota Stormwater Manual", MPCA, November 2005 (and as revised In the future), prior to commencement and maintained throughout the project. All exposed soil shall be stabilized as soon as possible and no later than 72 hours after the completion of the project. Topsoil should be used to re-dress disturbed soil areas and indigenous plant species should be used to revegetate disturbed areas whenever possible. 15. The permittee shall ensure the contractor has received and thoroughly understands ail provisions of this permit. Contractors must obtain a signed statement from the property owner stating that permits required for woik 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: httD://www.bwsr.state.mn.us/wetlands/wca/index.html#Qeneral. 16. No work may be done within the river from April 15 to June 1 of any given year. 17. Permittee shall inspect the dam every eight years. Said safety inspection report shall be sent to tiie DNR Dam Safety Unit, 500 Lafayette Road, St. Paul, MN 55155. 18. Maintenance of the dam and reservoir herein authorized in a safe and sound condition shall be the responsibility of the permittee. The permittee shall maintain the dimensions and elevations of the dam herein described. Should the dam be abandoned at a future date for any reason or fall into a state of disrepair, the permittee shall be responsible for all debris removal and site restoration work. Prior to commencing any maintenance work, permittee shall advise the ONR of the extent and method of maintenance. Maintenance work shall not be commenced until permittee receives DNR approval. 19. A DNR permit is required to transfer ownership of the dam and any associated liabiiities. The existing owner remains responsible for the dam until ownership is legally transferred. The existing owner must inform any buyer of land underlying the dam of the dam’s existence. At the time of transfer, the new dam owner shall have financial capabilities to continue safe operation and maintenance of the dam. Dan Lais, NW Region Waters Julie Aadiand, Fergus Falls Area Hydrologist Bill Kalar, Otter Tail County Zoning Brad Mergens, West Otter Tail County SWCD Don Schultz, Area Wildlife Manager Arlin Schalekamp, Area Fisheries Supervisor Troy Richards, Conservation Officer Leonard Grabowski, USCOE DNR Central Office Permits Unit ec: Authorized Signature Title Dat< '^1/6I Minnesota Department of Natural Resources RECEIVED500 Lalaycllo Road Si, Paul, Minnesota 55153-40 MAR 1 5 2000 LAND & RESOURCE March 92000 Mr. Dayle E. Johnson Otter Tail Power Company 215 South Cascade Street Fergus Falls, MN 56538 Dear Mr. .lohnson: PERMIT 2000-1053, PISGAH DAM EMBANKMENT REPAIR, OTTER TAIL COUNTY Enclosed is Permit 2000-1053 authorizing placement of fill to stabilize the left embankment of the dam. If you have questions, please contact Craig Regalia, Dam Safety Supervisor, at (651)296-0525. Sincerely, DNR Waters J^^ Line Stine Administrator, Water Management Section enclosure cc: Julie Aadland, Hydrologist Bob Merritt, Acting Regional Hydrologist Otter Tail County Zoning Otter Tail County SWCD USCOE Mel Sinn Craig Regalia DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity o Printed on Recycled Paper Containing a Minimum ol 10% Post-Consumer Waste NA-02733-05 (Rev. 05/94)P.A. Number r PROTECTED WATERS PERMIT 2000-1053 Department of Natural Resources^DIVISION OF WATERS 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 a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform the work as authorized below: CountyProtected Water Otter Tail River Otter Tail Telephone Number (include Area Code)Name of Applicant Otter Tail Power Company (218) 739-8411 Address No. & Street, RFD, Box No., City, State, Zip Code 215 South Cascade Street, Fergus Falls, MN 56537 Authorized work; Place approximately 1200 cubic yards of fill on the left embankment of the dam. Work shall be completed according to the plans entitled "Pisgah Dam-Left Embankment Stabilization" dated September 1999 and made a part of the permit. Expiration Date of PermitPurpose of Permit: Improve safety of the dam December 31, 2005 Property Described as; SEl/4 NEl/4, Section 5, Township 132 North, Range 43 West This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS The permittee shall comply with all 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. This permit does not release the permittee of any permit requirement of the St. Paul District, U.S. Army Corps of Engineers, Army Corps of Engineers Centre, 190 Fifth Street East, St. Paul, MN 55101-1638. 1. This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources.2. 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. The permittee shall make no changes, without written permission previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder. 3. 4. 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. ■ 5. This Permit may be terminated by the Commissioner of Natural Resources at any time deemed necessary for the conservation of water resources ofthe state, or in the interest of public health and welfare, or for violation of any of the provisions ofthis permit, unless otherwise provided in the Special Provisions. 6. Construction work authorized under this permit shall be completed on or before date specified above. The permittee may request an extension of time to complete the project upon written request to the Commissioner of Natural Resources. 7. (SEE REVERSE SIDE) In ail 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 therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights and interests necessary. 8. No liability shall be imposed by the State of Minnesota or any of its officers, agents or employees, officially or personally, 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 provisions of law. Any extension of the surface of protected waters from work authorized by this permit shall become protected waters and left open and unobstructed for use by the public. 9. 10. Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR protected water jurisdiction, 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 of 1991. 11. SPECIAL PROVSSiONS (See attached sheet) THIS INSTRUMENT WAS DRAFTED BY: Julie A. Aadiand THIS INSTRUMENT WAS APPROVED BY: Craig Regalia Region 1 Waters Region 1 Fisheries Region 1 Enforcement USCOE Terrence R. Lejcher West Otter Tail County SWCD Otter Tail County Zoning St. Paul Waters Region 1 Wildlife c: DateAuthorized Signature John Line Stine Title Administrator Water Management Section 3 - 9 • SPECIAL PROVISIONS PERMIT 2000-1053 PCA/AGENCiES: The permittee shallcpmply with all rules, regulations, requirements, or ; L standards of the Minnesota Pollution Control Agency and other applicable federal, state, or local agencies. ' EROSION CONTROL: The permittee shall cover or protect all exposed soil resulting from the construction authorized by placing riprap, sod, and/or seed on banks and slopes of said construction for the prevention of soil erosion, sedimentation and lake/stream discoloration. II. SEEDING: In the event the site cannot be stabilized with vegetation before September 15, all exposed soil shall be adequately mulched at a rate of not less than 3500 Ibs./acre leaving no more than 20% visible soil surface and maintained until seeding/sodding can be achieved. III. MAINTENANCE: Future maintenance of this project shall not exceed the dimensions herein authorized. Prior to commencing any maintenance work, permittee shall advise the Department of Natural Resource of the type of materials, equipment, and procedures to be used. Maintenance work shall not be commenced until permittee’s receipt of the Department’s approval. IV. WETLANDS CONSERVATION ACT OF 1991: Where the work authorized by this permit involves the draining, filling or burning of wetlands not subject to DNR jurisdiction, the permittee shall not initiate work under this permit until the permittee has obtained official approval from the responsible governmental unit as required by the Minnesota Wetlands Conservation Act of 1991. V. ^ . 2eTJ7> flehn Line Stine Administrator Water Management Section Date l.ftCAL - State - Fcderai. Water Resource Project Norw=tcATiof< / Application FoamKt,O2a2O-0I notify/apply to th« U.S. ArmyCocp* of Engin««r*, tho Minnocota Oapartmant of Natural Raaourcot, actd your Local Govarrvnant Unit of a propoaad watarAwadand projact or work which may fall witNn thair Juciadictioru Thaaa aganciaa ahoutd advfaa you of thair juriodiction or parmit faquiramanti within 45 daya. Soma LGU'a may alao raquira aubmiaaion of thair own application forma, fin ooMhia form complatety ac%d mail a copy «with plana, mapa. ate. to each of tha aganciaa Gatad on tha ravaraa of tha form. Kaap a copy for your racorda. YOU MUST OBTAIN ALL REOUIREo" authorizations BEFORE BEGINNING WORK. MDNR NUMBER:agency use ONLY: LGU NUMBER:CORPS NUMBER: I. Applicam'a Name ILaet, Firet, M.I.l ! otter Tail Power Company Araa Coda, TalaphonaAuthorizad Agent, if any Dayle E. Johnson < 2181 739-8411 Addraca (Street, RFO, Box Number, City, State, Zip Code) 215 South Cascade Street/ Fergus Falls/ MN 5,6537 II. Location of propoaad project (attach drawing ahowing how to gat to aital QUARTER SECTlON(a) SECTIONSIa) No. TOWNSHIP(a) No. RANGE(e) No.COUNTY Otter Tail Loc Stocky Subdivicion FIRE No.. SOX No.. OR PROJECT ADDRESS NAME OF WATERBODY AFFECTED and NUMBER (IF KNOWN) otter Tail RiverFergus Falls III. ESTIMATED PROJECT COST: t 50 / 000 LENGTH OF SHORE AFFECTED (in faeO: 50 rV. VOLUME OF FILL OR EXCAVATION (Cubic Yard.): Est. * ISOO CY Acrea, OR (.VOT£> You may substituta dimensions) AREA FILLED OR EXCAVATED IS Square Feat 80' X 120' V. TYPE OF WORK AND AREA (CHECK ALL THAT APPLY): □ CONSTRUCT □ DRAIN (XFILL □ REMOVE □ Access Path Q Dock □ BatOGE Q Riprap □ CULVERT □ SANOeLAfUCET IS Dam □ EXCAVATE a REPAIR □ LAKE OTHER (DESCRIBE): Place additional fill on left side downstream embankment. □ SHOREUNE □-WATERWAY §5 WETLAND Area approximately 0.1 acre.6WETLAND TYPE(S) AND ACREAGE(S) PROPOSED TO BE FILLEO/DRAINED:._________________________ ___ Attach applicable drawinga, plana, and ASCS crop photoa. Induda a daacripdon of any propoaad companaatory mitigation. Important: Identify any diapoaal and borrow areaa. Deacribe the work below: how it would ba dotta; what equipment would ba uaad. VI. PROJECT PURPOSE (why ia thia project needed—what banafita will it provide?): Increase size of downstream left side embankment at Pisgah Dam to satisfy FERCOtter Tail Power Company/ a public utility/ is complying with licensesafety requirements.-----roguiremonts.----------- VII. ALTBLNATIVES (deacribe any other aitea or method, that could be uaed to achieve the purpoae of your project while avoiding or miriimizing wecland/water impact.: Attach additional ahaeta, if needed). None. October 29/ 1999VIII. OATES: Propoaed atart of activity: October 4/ 1999 Propoaed completion: (Identify any completed work on an attached drawing) IX. ADJOINING PROPERTY OWNERS (Attach Gat if more than tyvo) Addreae Mid America Dairymen/ Inc. S. Buse St. ZipNameatyState 56537Fergus Falls MN IC. PERMITS have bean recoivod (enter an ^ or already appGad for (enter an ^ from: ___ ONR ____ARMY Corps OF ENGINEERS ____COUNTY WATERSHED OtSTnCT MN POLUmON CONTROL AGENCYTOWN/CfTY If ao, by whortu.Haa an archaeological cutvey of the pro}ect aite been done? 1 hereby iwtify the redpiertta of thia form of the pro)ect propoaed herein ettd requeet that I be edvtaed of arry permtta or other determktatlona cortceming Me project that I muat obtain. I urvleraUttd that prooeedittg wfth work before eO required authorbatSorw are obtained may aufaject me to Federal, Sute, tnd/or local adminiatradva, civl and/or crimictal pertaltlee. y/3l /'°l'iDATE: Signature of Perwn Pr^oaing Project or Agent < < < PLEASE CAREFULLY READ AND COMPLETE BACK OF FORM > > >