Corp Permit Application Appendices - CapX2020

113 Pages·2013·1.78 MB·English

Appendix A
WDNR Issued Chapter 30 Utility Permit
and NR 299 Water Quality Certification
State of Wisconsin
Scott Walker, Governor
DEPARTMENT OF NATURAL RESOURCES
Cathy Stepp, Secretary
101 S. Webster Street
Telephone [phone]
P.O. Box 7921
Toll Free 1-888-936-7463
Madison, WI 53707-7921
TTY Access via relay - 711

June 28, 2012
IP-WC-2011-6-N10233 to N10244,
N10246 to N10256, and N10258 to N10274
IP-WC-2011-62-N10275 to N10293
As Identified in Table 1

Tom Hillstrom
Xcel Energy
414 Nicollet Mall
Minneapolis, MN 55401

Dear Mr. Hillstrom:

We have reviewed your application for a Chapter 30.025 (Wis. Stats.) utility permit to place bridges
across public waters, to place structures below the ordinary high water mark of several waterways,
dredge, and drive on the bed of a waterway; and to place fill in wetlands under a water quality
certification (WQC).

This is a WDNR permit for certain construction activities pertaining to the joint application of Dairyland
Power Cooperative, Northern States Power Company – Wisconsin, and Wisconsin Public Power, Inc.,
(herein referred to as CAPX) submitted to the Public Service Commission of Wisconsin and the
Department for authority to construct and place in service 345kV electric transmission lines and electric
substation facilities for the CAPX Twin Cities-Rochester-La Crosse Project, located in Buffalo,
Trempealeau, and La Crosse Counties, Wisconsin.

You will be pleased to know your application is approved with a few limitations. I am attaching a copy
of your permit which lists the conditions which must be followed. A copy of the permit must be posted
for reference at the project site. Please read your permit conditions carefully so that you are fully aware
of what is expected of you.

Your next step will be to notify me of the date on which you plan to start construction and again after
your project is complete. If you have any questions about your permit, please call me at (920) 387-
7869, or you can e-mail me at [email protected].

Sincerely,

Cheryl Laatsch
Water Management Specialist

cc: Ken Rineer, PSC

dnr.wi.gov
wisconsin.gov
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STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES

Chapter 30 Utility Permits
NR299 Water Quality Certification

IP-WC-2011-6-N10233 to N10244, N10246 to N10256, and N10258 to N10274
IP-WC-2011-62-N10275 to N10293
As Identified in Table 1

This is a WDNR permit for the joint application of Dairyland Power Cooperative, Northern States
Power Company – Wisconsin, and Wisconsin Public Power, Inc., (CAPX) for authority to construct and
place in service a 345kV electric transmission line and electric substation facility for the CAPX Twin
Cities-Rochester-La Crosse Project, located in Buffalo, Trempealeau, and La Crosse Counties,
Wisconsin.

CAPX is hereby granted under Sections 30.025, 30.12, 30.123, 30.19, 30.20, 182.017, 281.15, 281.36,
Wisconsin Statures, and Chapters NR 102, 103, 115, 116, 117, 150, 299, 216, 320, 329, 341, 343, 345,
Wisconsin Administrative Codes, a permit to place temporary bridges and related structures in or across
navigable waterways, permits to place structures below the ordinary high water mark of navigable
waterways, permits to drive on the bed of a waterway, and permits to dredge waterways for the
placement of the structures; and a wetland water quality certification to discharge temporary and
permanent fill in wetlands. Locations of the permits are identified in Table 1. The purpose of the
project is to construct a 345 kilovolt electrical transmission line from Alma, Wisconsin, to La Crosse,
Wisconsin.

PERMIT CONDITIONS

General Conditions

1. 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.

2. You shall hire the Independent Environmental Monitor (IEM) approved by the Department of
Natural Resources (DNR). The scope of work for the IEM will be developed jointly with the
Public Service Commission of Wisconsin (PSC) and DNR.

3. 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, Wis. Stats., or
NR299, or this permit.

4. This permit has been issued with the understanding that any construction equipment used is the
right size to do the job, and can be brought to and removed from the project’s site without
unreasonable harm to vegetation; or fish and wildlife habitat.
5. You assume all responsibility and liability for any direct or indirect damage caused or resulting
from the installation and maintenance of the transmission line and substation and hold the State
of Wisconsin, and its employees, harmless.

6. You must notify the DNR Water Management Specialist Cheryl Laatsch, at phone 920-387-
7869, and Conservation Biologist, Shari Koslowsky at 608-261-4382, before starting
construction and again not more than five days after the project is complete.

7. This permit is predicated on a worst-case analysis of impacts and thus the most protective
measures practicable for each waterway and wetland impact are prescribed. Changes to the
prescribed impacts may occur only if approved by DNR in writing as described in conditions
below.

8. A copy of this permit must be posted at a conspicuous location on the project web site for at least
five days prior to construction and remain posted until at least five days after construction has
ended. A copy of this permit and approved construction plan must be available at all field offices
and construction sites until the project is complete. All employees, consultants, and contractors
who are working on the project must be made aware of the permit, its conditions, and its
location. All appropriate managers and supervisors in charge of, or working on construction or
compliance, must be provided with copies of the permit.

9. This permit authorizes work in the resources listed in Permit Table 1. 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 permit conditions, you must
first obtain written approval of the Department. Authorization may also be required by the US
Army Corps of Engineers (COE).

10. You shall submit final Construction Environmental Compliance Plans (CECPs) for each
construction segment, to the Department a minimum of 30 days prior to constructing in affected
waterways or wetlands, and as required by your stormwater permits. The Department can modify
permit conditions as needed based on the review and approval of the CECP.

11. The CECP shall include, at a minimum: A general construction sequencing and scheduling plan;
Final access plan, detailing proposed impacts and additional measures taken to avoid or
minimize waterway or wetland impacts; Photographs of existing site conditions at waterways
and wetlands; Final cross-section drawings for each temporary bridge or pole placement;
Endangered resources plan; Invasive species management plan; Final wetland restoration and
revegetation plan; Wooded wetland management plan, including specifics on debris
management, and minimizing impacts; Wooded riparian buffer impact minimization and
restoration plan that addresses the 50 foot vegetated areas adjacent to designated waterways. If
erosion mat is used, avoid the use of fine nylon mesh monofilament (curlex type) products and
matting that is tied or bonded at the mesh intersection such that the openings between the mesh
are fixed in size; and a Post-construction monitoring plan.
12. Utility structures placed below the ordinary high water mark of Lizzy Paul Pond or the
Mississippi River should have a specific CECP work plan approved by DNR prior to any
construction commencing. This plan shall include all items of condition 10, all site preparations,
spill response, construction techniques, erosion control, and fisheries and endangered resources
response.

13. A response plan for the inadvertent release of cement into wetlands and waterways during pole
construction activities must be provided to the Department at least 21 days before work begins.
The Department will issue a decision to approve or modify the plan within 14 days of receipt of
the plan.

14. Utility easements must not include language that prevents waterway and wetland restoration and
management activities as required by this permit.

15. This permit does not authorize any future work or maintenance within the right-of-way or any
temporary work space.

16. DNR will approve or require changes to the CECP within 30 days of receipt. If changes are
necessary, or permit conditions may change, the DNR will offer to meet with the applicant to
resolve any issues.

17. The applicant and the IEM shall use the Variance Request Process developed by the WDNR to
allow for the IEMs to approve variances in the field under specific conditions.

18. CAPX shall post an electronic version of each approved CECP on the project website. The
CECP plans shall remain on the website for the duration of the project.

19. Landowners and interested parties shall be notified that the CECP plans will be posted on the
website, and shall be notified each time a document is posted on the website.

20. You must complete construction of the project, including site stabilization, as described in the
application plans and in this permit, on or before December 31, 2016 .

21. You must follow field protocols for activities in proximity to known landfills and any solid waste
encountered shall be disposed of in accordance with NR 500, solid waste regulations.

22. You shall allow access to your project site during reasonable hours to any DNR employee or
state-authorized monitor who is investigating the project’s construction, operation, maintenance
or permit compliance.

23. DNR may modify or revoke this permit if the project is not completed according to the terms of
the permit.

24. Nothing in the CECP substitutes for or restricts DNR statutory authority to enforce its permits or
Wisconsin laws and environmental regulations, including its authority to require the cessation of
unlawful activities causing environmental harm.
Variance Requests

25. The DNR will work with the PSC and the applicant to develop and implement a Variance
Request and Approval Program. The variance program will have three levels of approvals.
Levels 1 and 2 can be approved in the field by the IEM and the IEM Manager. Level 3 variance
requests must be approved by the DNR. Details of the variance request applications and
approval process will be determined after the hire of the IEM, and prior to any land clearing or
construction activity, in consultation with the PSC.

Endangered Resources

26. Prior to initiating construction, confirm with DNR waterways where rare fish species may be
present. Complete waterway crossings where listed fish may be present outside the spawning
period for those species, unless this condition is waived by the WDNR fish biologist.

27. Prior to initiating construction, all potential impacts to state-listed THR or END animal species
must be resolved with the DNR and in compliance with Wis. Stats. 29.604.

28. Prior to initiating construction, potential impacts to rare plants and special concern animals must
be resolved to the extent practicable between CAPX and the DNR.

Invasive Species

29. You are required to submit an invasive species management plan, to include washing station
locations, maps detailing locations of invasive species, cleaning and disinfection protocols. This
plan should include upland, wetland, and aquatic invasive species.

30. All work within area of invasive species shall be in compliance with NR 40. Decontamination
must occur prior to entering the construction site, and after leaving an infested location. If
washing stations are proposed, they must be identified on access plan maps.

31. All equipment used for waterway crossings including but not limited to vehicles, barges, boats,
silt or turbidity curtains, hoses, sheet pile, and pumps shall be de-contaminated for invasive and
exotic viruses and species prior to use and after use. Specific disinfection measures are required
on infested waters and must be taken prior to moving to another waterbody. The most current de-
contamination protocols and a list of infested waters can be found at the following website
http://dnr.wi.gov/ under the Topic "VHSv". If your project is on a non-infested water, the
following steps should 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 should not be used on other non-infested waters. At a minimum, you shall:
Inspect and remove aquatic plants, animals, and mud from your equipment; Drain all water from
your equipment, including but not limited to tracked vehicles, barges, boats, silt or turbidity
curtain, hoses, sheet pile and pumps; Dispose of aquatic plants, animals in the trash. Never
release or transfer aquatic plants, animals or water from one waterbody to another; Wash your
equipment with hot (>104º F) and/or high pressure water OR allow your equipment to dry
thoroughly for 5 days.

Vegetation Management

32. The applicant shall be in compliance with all herbicide application requirements in and adjacent
to waters of the state. Any herbicide applications must be administered by a licensed chemical
applicator.

Timing Restrictions

33. To protect fish habitat and spawning, placement or removal of bridges, placement or removal of
utility poles, bed disturbance, dredging, and driving on the bed of a waterway, or any other
activities below the ordinary high water mark shall not commence between the dates of March
15 to June 15 for warm water systems; and between September 1 to March 15 for all cold water
systems.; unless a waiver is granted by the local fisheries biologist. The WDNR project manager
will coordinate any waiver requests.

Erosion Control

34. Construction shall be accomplished in such a manner as to minimize erosion and siltation into
surface waters and as specified in plans and procedures that are part of or approved pursuant to
this permit. All erosion control measures must meet or exceed DNR approved technical
standards.

35. You are required to follow applicable performance standards of NR151.11 and the WDNR
technical standards or equivalent for all areas of land disturbance; and as defined in your storm
water management plans and permits.

36. You must maintain a log of the erosion control inspections, repairs made, and rain events. This
must be made available to any IEM and DNR personnel upon request.

37. Appropriate erosion control measures must be in-place and effective during every phase of this
project.

38. Erosion control measures must be in place at the end of each working day.

39. You may not remove vegetative cover earlier than authorized under the applicable CECP unless
approved by DNR or IEM.

40. You must not deposit or store any excavated, dredged or graded materials in any wetland, below
the ordinary high water mark of any waterway, or in the floodway of any waterway, unless
specifically authorized by this permit or DNR-approved plans or on-site changes approved
pursuant to this permit.
41. The removal of vegetative cover and exposure of bare ground must be restricted to the minimum
amount necessary for construction. Areas where soil is exposed must be protected from erosion
by seeding and mulching, sodding, diversion of surface runoff, installation of straw bales or silt
screens, construction of settling basins, or similar methods as soon as possible after removal of
the original ground cover as described by DNR technical standards, or site-specific erosion
control plan approved by DNR.

42. Site stabilization between October 1 and April 15 requires sodding; or seeding and mulching
(with a non-toxic tackifier or jute erosion mat).

43. Erosion control measures must be inspected, and any necessary repairs or maintenance
performed, after every rainfall exceeding ½ inch and at least once per week.

44. After the site is 70% stabilized, or prior to at the direction of DNR, all temporary erosion control
measures must be removed and disposed of properly.

Dewatering Activities

45. At no time shall dewatering activities directly discharge to wetlands or waterways without prior
effective water quality treatment. If dewatering discharge to wetlands or waterways is cloudy or
exceeds 40 mg/l of total suspended solids (TSS), you shall immediately stop dewatering and
contact the IEM to determine an adequate dewatering method.

46. Dewatering of groundwater encountered for the purposes of drying out work areas, discharge of
water prior to pole or foundation installation, or pit trench dewatering, shall be conducted in
accordance with the standards of the applicable general permit under Wisconsin’s Pollutant
Discharge Elimination System, measures in the DNR’s approved technical standards, unless
specified by plans or procedure that are part of this permit or approved in site-specific plans or
on-site changes pursuant to this permit.

Driving on the bed of a waterway

47. This permit does not authorize any vehicles, including clearing equipment, to travel below the
ordinary high water mark of any waterway, unless specifically identified in an approved CECP,
or as identified in permit Table 1.

Temporary Bridge Placement

48. This permit authorizes the placement of temporary bridges and is not an approval for channel
relocation, placement of fill, or any other alteration of the waterway requiring a permit from the
DNR.

49. This permit does not authorize the removal of any material below the ordinary high water mark
for the placement of temporary bridges.
50. Construction and placement of temporary bridges shall minimize the removal of trees, shrubs
and other shoreline vegetation.

51. Removal of bridges shall minimize disturbance of bed and sedimentation.

52. All bridges across navigable waterways shall either maintain a clearance of not less than 5 feet,
or comply with requirements of s. NR320.04, Wis. Adm. Code. Any bridges that will not meet
the 5 foot clearance criteria, approval must be granted by the DNR Project Manager, or IEM.

53. The stream bank shall be protected from the bank collapsing and from erosion due to heavy
equipment compressing the work area.

54. No approach fill shall be placed in any wetland, floodway or below the ordinary high water mark
of any navigable waterway. If an approach is necessary, it must be wooden or metal, rather than
fill. If an approach must be located in a floodway, it shall be open ramp style construction only.

55. All clear span bridges shall completely span the waterway from top of channel to top of channel.
If in-stream supports are needed, site specific designs will require approval prior to installation.

56. Geotextile fabric and side boards shall be placed on all bridges to minimize soil reaching the
waterways.

57. You must securely anchor each bridge with cables or some other DNR-approved method to
prevent it from being transported downstream during high water conditions.

58. You must inspect the bridge openings periodically for debris, and following any rainfall
exceeding ½ inch, you must remove any restriction of flow. Any debris must be deposited in an
upland site and out of any floodplain or wetland. Removal of debris must minimize disturbance
of siltation.

59. Bridges must be removed no later than 7 days after the necessary waterway crossing activities
have been completed. The bridges should not be removed until both crossings and restoration
have been completed and equipment access is no longer needed in the intervening uplands.
Timing restrictions apply to bridge removal.

60. Variance requests to remove bridges during timing restrictions may be acceptable, providing no
waterway bed or bank impacts will occur.

Dredging

61. Stockpiled soils shall be no closer than 25 feet from top of stream banks during any crossing,
unless the soils are separated from the banks with a combination of silt fence and staked straw
baled. In no event shall the soils be stockpiled closer than 10 feet from the top of stream bank.
62. Sufficiently stabilize stream banks after each pole installation at least 50 feet from the top of
bank when the clean-up crews will be gone from the area for more than two days, including
permanent seeding.

63. Bed material must be removed by equipment which is designed to minimize the amount of
sediment that can escape into the water. Equipment must be properly sized so that excavation
conforms to the plans submitted and allows the work to be done from the bank rather than in the
waterway.

64. The stream bed backfill material shall be consistent with the pre-existing and adjacent bed
material. If the stream bed in the crossing location has a unique substrate feature, it shall be
identified on the CECP, and replaced (i.e., Cobbles, boulders, riffles, pool, etc.).

65. All dredge areas shall follow fishery timing restrictions, and any additional timing restrictions
identified by the Bureau of Endangered Resources.

66. If the waterway has standing or flowing water present, the work zone must be isolated from the
waterway. All flow must be pumped around the work zone.

67. The stream bank shall be protected from the bank collapsing and from erosion due to heavy
equipment compressing the work area.

68. If the water discharged from the dredge site exceeds the limits identified in WDNR Technical
Standard 1061, you shall submit a stream restoration plan that must be authorized and permitted
by the Department.

69. You are not allowed to do construction during times when the water elevations are above the
ordinary high water mark.

70. The contractor shall have available equipment capable of handling high flow conditions.

71. In-water activities for pole installation shall be completed in the same work day as is started.

72. If pumps are to be used, you must inspect and maintain the dam and pumps daily for debris, and
within 12 hours following any rainfall exceeding ½ inch.

73. You shall remove any restrictions of flow affecting the stream bypass system. Any debris must
be deposited in an upland site and out of a floodplain or floodway.

74. Pump intakes shall be placed to avoid the disturbance and removal of bed material.

75. Pump discharges shall have energy dissipation devices installed to prevent disturbances and
scour of bed material.

76. No earthen coffer dams are allowed.