Pennsylvania coastal zone management program lakeside recreation area phase III improvements project : final report : Lawrence Park Township, Erie County, Pennsylvania

[From the U.S. Government Printing Office, www.gpo.gov]

NOAA AWARD NO. NA90AA-D-CZ515
DER CONTRACT NO. CZI:90.03PE
ME # 91041
GRANT TASK NO. CZI:90-PE.03

PENNSYLVANIA COASTAL ZONE MANAGEMENT PROGRAM

LAKESIDE RECREATION AREA PHASE III IMPROVEMENTS PROJECT

FINAL REPORT

LAWRENCE PARK TOWNSHIP
ERIE COUNTY, PENNSYLVANIA

PREPARED BY:

ERIE COUNTY DEPARTMENT OF PLANNING
JUNE 30, 1992
Coastal
Funded and Coordinated through Department of Environmental Resourses. Office of Resources Management, Buureau of Resourses Management, Division of Coastal Zone Management and the Erie County Department of Planning.
Zone

This project was financed in part through a Federal Coastal Zone Management
Grant from the Pennsylvania Department of Environmental Resources with
funds provided by the National Oceanic and Atmospheric Administration.

LAKESIDE RECREATION AREA PHASE III IMPROVEMENTS PROJECT
LAWRENCE PARK TOWNSHIP
ERIE COUNTY, PENNSYLVANIA

FINAL REPORT
JUNE 30, 1992

The preparation of this report was funded and coordinated through the
Pennsylvania Department of Environmental Resources, Office of Resources
Management, Bureau of Resources Management, Division of Coastal Zone
Management and the Erie County Department of Planning.

PENNSYLVANIA

A report of the Pennsylvania Department of Environmental Resources to the
National Oceanic and Atmospheric Administration pursuant to NOAA Award No,
NA90AA-D-CZ515.

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TABLE OF CONTENTS

SECTION PAGE NO.

1. Project Location ........................................ I

2. Background of the Project ............................... I

3. Scope of Work ........................................... 5

4. Pre-Construction Photographs ............................ 8

5. Construction Photographs ................................ 12

6. Final Project Photographs ............................... is

7. Permits ................................................. 18

8. As-Built Drawings .......... 1@ ............................ 36

MAPS PAGE NO.

1. Project Location Map ..................................... 2

2. Site Map ................................................. 3

1. PROJECT LOCATION

The Lakeside Recreation Area is located along the Lake Erie shoreline
in the Lake Cliff Park Subdivision of Lawrence Park Township (see
Project Location Map). This 9.25 acre facility, which is known
locally as Lakeside Park, is presently under the ownership of
Lawrence Park Township. The Park's facilities are actually situated
on two separate parcels of land, one located north of Lakeside Drive
(6.55 acres) and one located south of Lakeside Drive (2.7 acres).
The improvements which were undertaken in conjunction with the
Lakeside Recreation Area Phase III Improvements Project'are located
entirely on the 6.55 acre parcel (see Site Map). The project site is
bounded by Lake Erie on the north; five residential properties on the
east (Merski, Beaver, Kilgore, Dworakowski and Rutkowski); Lakeside
Drive on the south; and four residential properties on the west
(Kreger, Peterson, Ferraro and Wawrzyniak). The site slopes
moderately northward from Lakeside Drive toward Lake Erie. Grass
constitutes the majority of the vegetation, with some scattered trees
on the west side of the parcel. The dominant physical feature of the
site is a steep, 25 foot high bluff vegetated with grass. The beach
below the bluff averages 50 feet in width and is composed of natural
sand and gravelly outwash deposited due to the shallow cove
configuration and the existing groin. The areas surrounding the site
are made up entirely of residential uses. It should be noted that
this site has been identified as a Geographic Area of Particular
Concern within the Lake Erie Coastal Zone as included in the State's
adopted Coastal Zone Management Program.

2. BACKGROUND OF THE PROJECT

The property on which the Lakeside Recreation Area is located was
originally owned by Jesse A. and Zella B. Root. Mr. and Mrs. Root
conveyed the property to Lawrence Park Township in 1955. According
to the deed of conveyance, the property was to be "specifically
reserved and dedicated for park and public purposes." Over the next
25 years, Lawrence Park Township constructed a number of public
facilities at the Lakeside Recreation Area. Specific activities
included:

1. Construction of a sanitary sewage lift station to serve the
residents of the Lake Cliff Park Subdivision (1955).

2. Construction of a gravel access road (1955).

3. Construction of a small limited boat launch ramp (1974).

4. Construction of a 60 foot long by 3 foot wide precast concrete
groin to protect the boat launch ramp and the beach area (1974).

5. Installation of an entrance gate for the access road in order to
control noise, littering, trespassing and vandalism,
particularly during the evening hours (1980).

In 1982, Lawrence Park Township decided to expand the existing
recreational facilities along the shore of Lake Erie. With funds
provided by the Pennsylvania Coastal Zone Management (CZM) Program,

LAKESIDE RECREATION AREA PHASE 3 IMPROVEMENTS PROJECT
PROJECT. LOCATION MAP,

LAKE ERIE
LAKESIDE
RECREATION
AREA

Lo Wit, Su tvi n Lawrence Park Country Club
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East Lake Road R 4
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110 11111

Conrail

Nor olk 8 Western
City of Erie wesleyville Boro

Harborcreek Township

LAWRENCE PARK TOWNSHIP
ERIE COUNTY. PENNSYLVANIA

LAKESIDE RECREATION AREA PHASE 3 IMPROVEMENTS PROJECT
SITE MAP

LAKE ERIE

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PROJECT AREA 14;@ Fr

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the Township entered into an agreement with Urban Engineers in order
to develop a Recreation Master Plan for the Lakeside Recreation
Area. This study, known as the Lakeside Recreation Area Feasibility
and Design Study, evaluated the site with respect to the recreational
needs of the Township, the physical features of the site, existing
and future facilities, beach and bluff erosion problems, and the cost
and implementation of the proposed developments.

Township officials also realized that steps needed to be taken to
curtail the continual shoreline erosion experienced at the Lakeside
Recreation Area. The erosion problems at the site were being caused
by two factors:

1. the wind-induced wave action of Lake Erie; and

2. two large storm water sewer outfall pipes (30 and 36 inch
diameter) located approximately 75 feet east of the existing
boat launch ramp.

In order to address the shoreline erosion problems, Lawrence Park
Township entered into an agreement with Urban Engineers to conduct an
Erosion Protection Design Study for the Lakeside Recreation Area.
This study was completed in 1985 with funds provided by the
Pennsylvania CZM Program. Specific project activities included:

1. Evaluating the causes of the shoreline erosion.
2, Developing alternative erosion protection facilities,
3. Designing a cost effective erosion protection system.
4. Preparing final plans and specifications for construction.

When CZM announced that grant funds were available for construction
projects in FY 1986, Lawrence Park Township developed a phased plan
for constructing a number of the improvements which were recommended
in the above-mentioned studies. The following phases were completed
through September 1989:

Phase I (FY 1986) - This project, which was completed in September
1988 with funds provided by the CZM Program ($80,000) and Lawrence
Park Township ($34,614), consisted of the following activities:

- Heberling Associates conducted a Phase I Archeological Survey at
the project site in April of 1987. Upon reviewing the findings
of the Survey, officials from the Pennsylvania Historical and
Museum Commission concluded that the construction activities
would have no effect on archeological resources within the
project area.

- Construction of a grouted rock lined basin and channel in order
to divert the existing storm sewer discharge.

- Construction of a new boat launch ramp.

- Construction of a new gravel access road adjacent to the boat
launch ramp.

- Installation of storm sewer lines and three catch basins.

- Final landscaping and seeding.

Phase II (FY 1988) - This project, which was completed in September
1989 with funds provided by the CZM Program ($42,585) and Lawrence
Park Township ($34,648), consisted of the following activities:

- Construction of asphalt roadways.

- Construction of an asphalt parking area.

- Installation of storm sewer lines and three catch basi ns.

- Reconstruction of an existing catch basin.

- Installation of a new entrance gate for the access road.

- Planting of shrubs to provide screening around the fenced
perimeter of the lift station.

- Final site grading and landscaping.

When FY 1990 funds become available, Lawrence Park Township decided
to submit an application in order to undertake additional
improvements at the Lakeside Recreation Area.

3. SCOPE OF WORK

The construction activities associated with the Lakeside Recreation
Area Phase III Improvements Project were completed in June 1992 with
funds provided by the PA Department of Environmental Resources
Coastal Zone Management (CZM) Program and Lawrence Park Township.
The total project cost was $38,150 with the CZM share being $10,000.
The project improvements provided for the construction of a precast
concrete block groin in order to provide shoreline protection for the
recreational and storm water drainage facilities that were previously
constructed under Phases I and II.

The following is a list of specific activities which took place
during the completion of the project effort:

1) Final Project Specifications and Engineering Drawings -
Completed by Urban Engineers in May 1990.

2) Entrance Gate Issue - On June 5, 1990, officials from the
Federal Office of Ocean and Coastal Resource Management (OCRM),
the PA Division of Coastal Zone Management (DCZM), the Erie
County Department of Planning, and Lawrence Park Township met to
discuss OCRM's concerns at Lakeside Park regarding the
Township's policy of keeping the entrance gate locked at all
times. According to OCRM, the gate was restricting public
access to a recreational facility which was improved over the
last few years with $122,585 in CZM funds. Township officials
stated that access to the site was not restricted as members of
the public could purchase a key to open the entrance gate for a
nominal fee. Following several months of negotiations, a
compromise was reached in September 1990 whereby OCRM would not
require. the Township to repay past CZM expenditures from Phases
I and II if the Township agreed to the following conditions:

- Install a sign at Lakeside Park with information on how to
obtain a key for the entrance gate. Cost for the key would
be $3.00 for both residents and non-residents of Lawrence
Park Township.

- Install a sign at the Park which explains the Park rules.

- Provide two (2) handicapped parking spaces (with appropriate
signage) in the existing parking lot.

- Install two (2) directional signs along PA Route 5 which
identify the location of the Lakeside Park boat launch ramp.

3) Application Withdrawn - After further discussions with DCZM
officials, the Township decided to withdraw their application
for the construction of the second groin at Lakeside Park. The
Township was informed that they could re-apply for CZM funds
when all the public access issues had been resolved. (Note:
According to a previous agreement between the Township and DCZM,
the Township was required to construct the second groin by
October 1, 1990. DCZM agreed to extend this deadline while the
Township was working on satisfying OCRM's conditions).

4) Re-instatement of Application - By February 1990, the Township
had complied with all of OCRM's conditions and also agreed to
keep the entrance gate open from dawn to dusk during the primary
boating season (1st Saturday of May through the Ist Saturday of
November). The Township subsequently requested that CZM funds
be appropriated for the construction of the second groin at
Lakeside Park. OCRM agreed to re-instate the application in the
Fiscal Year 1990 grant cycle.

5) Project Administration - During the next several months,
Lawrence Park Township, DCZM, and the Erie County Department of
Planning executed the State and local contracts.

6) First Bid Opening - The first bid opening was held at the
Lawrence Park Township Municipal Building on September 10,
1991. Unfortunately, the lone bid received was higher than the
amount of funds available for construction. Lawrence Park
Township subsequently rejected the bid and requested a contract
extension through June 30, 1992. DCZM approved the contract
extension. Township Officials decided to re-bid the project
during the winter months.

7) Second Bid Opening - The second bid opening was held at the
Lawrence Park Township Municipal Building on February 25, 1992.
Unfortunately, the lone bid received was higher than the amount
of funds available for construction. Lawrence Park Township
subsequently rejected the bid.

8) Revision to Project Specifications - The Township Engineer
contacted a number of contractors that specialize in groin
construction in order to find out why the bids were much higher
than the Engineer's estimate. Based on recommendations provided
by the contractors, the Township Engineer deleted the de-
watering requirements from the project specifications.

9) Third Bid Opening - The third bid opening was held at the
Lawrence Park Township Municipal Building on April 13, 1992.
The low bid submitted by Houser Excavating, Inc. was
subsequently accepted by the Township.

10) Project Administration - During the next several weeks, Lawrence
Park Township, DCZM, and the Erie County Department of Planning
finalized all paperwork in conjunction with this project. DCZM
issued a notice to proceed with construction activities in May
of 1992.
11) Com letion of Construction Activities '- Houser Excavating
started construction activities in May 1992 and completed the
project by the June 30, 1992 contract deadline. Specific
activities which were undertaken as part of this project effort
included:

- Construction of a precast concrete block groin extending 50
feet into Lake Erie

- Reconstruction of the lower section of the storm sewer
diversion channel

- A placque identifying the Lakeside Phase III Project was
attached to the existing project sign.

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1 4. PRE-CONSTRUCTION PHOTOGRAPHS
I LAKESIDE RECREATION AREA PHASE III IMPROVEMENTS PROJECT
APRIL, MAY 1992
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View of the entrance to Lakeside Park Aprill 2. Northeast view of the access road which leads
(Entrance gate closed during off-season).@ to the boat launch ramp.
19921

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3. Southwest view of the parking area. 4. Northward view of the boat launch ramp.i,

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5. Southward view of the approach to the
Mayl 6. View of the existing concrete groin.
0 boat launch ramp. .19921
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7. View of the storm sewer outfall pipes 8. Northeast view al-ong the storm water diversion-
emptying into the diversion channel. channel.

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7.

e__ @_a_ April/Mayj 10. Waves have undercut the storm water diversion
9. View of th ve-induced damage atsthe 19921 channel (4/92).
lower end of the storm sewer diver ion
channel (5/92).

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Eastward view along the beachfront (4/92).@I 12. Westward view along the beachfront (4/92).1

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1 5. CONSTRUCTION PHOTOGRAPHS
I LAKESIDE RECREATION AREA PHASE III IMPROVEMENTS PROJECT
MAY, JUNE 1992
1
1
1
1
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PHASE III CONSTRUCTION
48 LAKESIDE RECREATION AREA
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A Project Funded By Tfw
Coo.tat Zone Management Program
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13. Construction sign which was erected at the!
May/June'
LO project site (5/92). 1992 14. Concrete blocks are pre-cast on site (5/92).

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15. View of pre-cast concrete blocks prior to 16. View of the project site during constructioni
installation (5/92). of the groin (6/92).

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17. View of the west side of the groin duringl June 18. View of the east side of the groin during'
41- i I
construction. 19921 construction.

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19. Northward view of the groin during 20. Re-construction of the lower end of the storm
construction. water diversion channel.

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1 6. FINAL PROJECT PHOTOGRAPHS
I LAKESIDE RECREATION AREA PHASE III IMPROVEMENTS PROJECT
I JUNE 1992
1
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21. The Phase placque was added to the final! Junel 22. Northward view of the new groin extending!
project sign upon completion of the project.! 1992' out into Lake Erie.

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-171 z.,.

23. Southward view of the new groin anchored' 24. View of the weep holes which allow some of the
to the shoreline. littoral drift to pass through the new groin.

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June 26. Westward view of the groin structures at Lakesid
25.--Vie*w of the west side of the new groind
1992 Park.

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27. Eastward view of the new groin from the boati 28. Northeast view of the re-constructed storm.
launch ramp. water diversion channel.

7. PERMITS

Lawrence Park Township obtained the following permits in conjunction
with the Lakeside Recreation Area Phase III Improvements Project:

1) Pennsylvania (DER) Bureau of Dams and Waterways Management -
Water Obstruction and Encroachment Permit (No. E25-293).

2) U.S. Army Corps of Engineers - Department of the Army Permit
(No. 85-476-9).

3) Pennsylvania (DER) Bureau of Dams and Waterways Management -
Extension of Water Obstruction and Encroachment Permit (No. E25-
293) through December 31, 1992.

4) U.S. Army Corps of Engineers - Extension of Department of Army
Permit (No. 85-476-9) through August 31, 1991.

5) U.S. Army Corps of Engineers - Extension of Department of the
Army Permit (No. 85-476-9) through August 31, 1993.

ER-DWM-7:11182 1. DER PERMIT PERMIT NO. E25-293
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES
WATER OBSTRUCTION AND ENCROACHMENT PERMIT

ne Department of Environmental Resources "Department", established by the Act of December 3,
1970, P.L. 834 (71 P.S. � � 510-1 et seq.) and empowered to exercise certain powers and perform certain
duties under and by virtue of the Act of November 26, 1978, P.L. 1375, as amended by the Act of
October 23, 1979, P.L. 204, (32 P.S. � � 693.1 et seq.) known as the "Dam Safety and Encroachments
Act"; Act of October 4, 1978, P.L. 851, (32 P.S. � �679.101 et -seq.) known as the "Flood Plain
Management Act"; Act of June 22, 1937, P.L. 1987, (35 P.S. ��691.1 et seq.), known as the "Clean
Streams Law"; and the Administrative Code, Act of April 9, 1929, P.L. 177, as amended, which empowers
the Department to exercise certain powers and perform certain duties by law vested in and imposed
upon the Water Supply Commission of Pennsylvania and the Water and Power Resources Board, hereby
issues this permit to:

LAWRENCE PARK TOWNSHIP

864 Silliman Avenue, Erie.'PA 16511

giving its consent to reconstruct and maintain a concrete boat ramp.-to extend

and maintain an existing groin and to construct and maintain a concrete
groin and an outfall structure in and along Lake Erie at a point approximately

112 mile West of Four Mil Creek in Lawrence Park Township, Erie County.

This permit is issued in response to an application filed with the Department of Environmental
Resources on the 10th day of January A.D. 19 86 , and with the understanding
that the work shall -be performe ccordance with the maps, pliRspiorlies and specifications filed
with and made part of the application N4A . Subject however, to the
provisions of the Dam Safety and Encroachments Act, the Flood Plain Management Act, the Clean Streams
Law, the Administrative Code, the rules and regulations promulgated thereunder and the following
conditions and restrictions;

I . This permit shall not become effective until and unless the permittee shall return the file copy
signed by the permittee or an authorized agent of the permittee to the Department within thirty (30)
days from the date of the permit; such signature shall signify and Indicate -that the permittee accepts
and agrees to comply with the term and conditions of the permit. Failure to submit such acceptance
will render the permit null and void;

2. The 'Department, in issuing this permit, has relied on the information and data which the
permittee has provided in connection with his permit application. If, subsequent to the issuance of this
permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified,
uspended, or revoked, in whole or in part, and the Department may, in addition, institute appropriate
legal proceedings;

19 -

3. This permit does not give'any property rights, either in real estate ormaterial, nor any exclusive
privileges, nor shall it be -construed to grant or confer any right,; title, easement, or interest, in, to,
or over any land belonging to the Commonwealth of Pennsylvania; neither does it authorize any injury
o private property or invasion of private rights, nor any infringement of Federal, State, or local laws
or regulation; nor does it obviate the necessity of obtaining. Federal assent when necessary;
t

4. 'Me work shall at all times be subject to supervision and inspection. by'representatives of the
Department, and no changes in the maps, plans, profiles, and specification-as approved shall be made
except with the written consent 'of the Department. The Department, however, reserves the right to
require such changes or modifications in the maps, plans, profiles, and specifications as may be considered
necessary. Ile Departr6ent further reserves the right to suspend or revoke this permit if in its opinion
the best interest of the Commonwealth will be subserved thereby;

S. This permit authorizes the construction, operation, maintenance and normal repair of the
permitted structures conducted within the original specifications for the water obstruction or
encroachment, and in accordance with the regulations of the Drpartment and terms and conditions of
this permit. Any repairs or maintenance involving m6dificatidns of the water obstruction or encroachment
from its original specifications, and any mpairs or reconstruction involving 4 substantial Portion of the
structure as defined by regulatiorii-o,f the'Depaitmient shall reqitiri the pribf-written approval and permit
of the Department;
6. :A11 construction' debris', ex6ava"ted material, brush.: -rocks',* an"d;*refuse incidental to this work
shall be removed. entirely from the stream channel and placed either on shore above the influence of
flood waters, or * at such dumping- ground as may be approved by'the' 6epartment;-
7.."There shall be no unreasonable interference wkth the ftee- discliaige' iof* the* river or, stream nor
with navigation during co..astruction;

8. If future operations by the Commonwealth of Pennsylvania require modification of the structure
or work, or if, in the opinion of the Department of Environmental Resources, the structure or work
shall cause unreasonable obstruction to the free passage of floodwaters or navigation, the permittee shall,
upon due notice remove or alter the structural work or obstructions caused thereby, without expense
to the Commonwealth of Pennsylvania, so as to increase the flood carrying capacity of the channel
or render navigation reasonably free, easy, and unobstructed, in such manner as the Department may
require; and if, upon the expiration or revocation of this permit, the work shall not be completed,
the permittee, at his own expense and to such extent and in such time and manner as the Department
may require, shall remove all or any portion of the incompleted work and restore the watercourse to
its former condition. No claim shall be made against the Commonwealth of Pennsylvania on account
of any such removal or alteration;

9. The permittee shall notify the D:!partment of Environmental Resources when this work is
commenced and at least two weeks before the probable time of completion;

10. Within thirty (30) days after the completion of the work authorized in this permit, the permittee
shall file with the Department of Environmental Resources, Harrisburg, Pennsylvania, a statement certifying
that the work has been performed in accordance with this permit and the approved maps, plans, prof-ties,
and specifications;

11. If this work is not completed on or before the 31st day of December
A.D. 19 89 , this permit, if not previously revoked or-s-pecirically extended, shall cease and be null
and voir,_

12. The Engineer and the Contractor for the work authorized by this permit shall be apprised
of all of the provisions and conditions and shall signify their acknowledgement of being so apprised

for inspection at the project site at all times. Copy of the acknowledgement shall also te forwarded
to the office issuing the permit. Failure to have copies of the permit and acknowledgement available
for inspection at the project site shall be considered sufficient cause for issuance of a cease and desist
order by the authorized Commonwealth personnel;

13. The permittee shall maintain the structure or work authorized herein in good condition and
in accordance with the approved plans and drawings;

14. This permit may not be transferred without prior written approval from the Department, such
approval being considered upon receipt of a properly executed "Application for Transfer of Permit"
form;

15. If and when the permittee desires to abandon the activity authorized herein, unless such
abandonment is part of a transfer procedure pursuant to Condition 14, he must remove the structure
or work authorized and restore the area to a condition satisfactory to and approved by the Department.

SPECIAL CONDITIONS
A. Prior to commencement and upon completion of the work authorized by this permit,
the permittee shall notify the Pennsylvania Fish Commissio'nis Northwest Regional
Office, P. 0. Box 349, 1281 Otter Street, Franklin, PA 16323, Telephone (814) 437-5774.
The project site shall at all times be available for inspection by authorized
officers and employees of the Pennsylvania Fish Commission.

B. Prior to commencement and upon completion of the work authorized by this permit,
the permittee shall notify the Erie County Conservation District, LeRoy Gross,
RD 5, Route 19, Waterford, PA 16441, Telephone (814) 796-4203. The project
site shall at all times be available for inspection by authorized officers
and employees of the County Conservation District.

C. If the use of explosives in any waterways is required, the permittee shall
secure the prior written permit from the Pennsylvania Fish Commission, pursuant
to the Pennsylvania Fish and Boat Code, Act 1980-175 Title 30 Pennsylvania
Consolidated Statutes, Section 2906. Requests should be directed to the Pennsylvania
Fish Commission, Bureau of Administrative Services, P. 0. Box 1673, Harrisburg,
PA 17120, Telephone (717) 657-4522.

D. The Erosion and Sedimentation Control Plan must be properly implemented and
closely monitored to minimize erosion and prevent excessive sedimentation into
the receiving stream channel.

E. This permit is contingent upon the approval/permit from the District Engineer,
Buffalo District, U.S. Amy Corps of Engineers, Regulatory Branch, 1776 Niagara
Street, Buffalo, NY 14207, under Section 10 of the Rivers and Harbor Act or
Section 404 of the Clean Water Act of 1977. The District Engineer has been
notified that the contact person for this project.is: Mr. Charles K. Schnars,
Telephone (814) 899-2305.

F. The applicant shall place a minimum of 30 cubic yards of sand or gravel obtained
from an upland source, updrift (west) of the proposed groin, with the maximum
amount to be determined by the U. S. Corps of Egineers.

Permittee hereby accepts and agrees to comply with the terms and conditions of this permit.

Permittee (signature) 61 Date

Date JUL I T 1986 DEPA F NTAL RESOURCES

Attest
tE.IC fil *ef
Divisi a erwavys*and
Storm Water Management
;PA

Applies to ER-DWNI-7

DEPARTMENT OF THE ARMY
BUFFALO DISTRICT. CORr8 OF I!WGIMEERS
1779 NIAGARA STREET
BUFFALO. NEW YORK 14207-3109

.TTCFOTIQN CW

NCBCO-S 3 June 1986

SUBJECT: Application far Department of the. Army Permit No. 85-476-9 Dated
3 January 1986, Received 9 January 1986 to Perform Work in Lake Erie,
Town of Lawrence Park, Erie County, Pennsylvania

Township of Lawrence Park
864 Silliman Avenue
Erie, PA 16511

Gentlemen:

Enclosed is the validated Department of the Army permit which you have
accepted the terms and conditions thereof.

Please note condition (n) of the permit which requires that our office be
informed of the commencement and completion of the authorized work. Forms
for this purpose are enclosed. Also enclosed is a reduced first page of the
permit describing the proposed work which must be conspicuously displayed at
the site of work.

Revised plans must be submitted to our office if material changes in the
location or plans of the work are necessary because of unforeseen or altered
conditions, or otherwise. These revised plans must receive the approval
required by law before construction is started.

Please acknowledge receipt of the permit.

Ity point of contact pertaining to this matter is Mrs. Diane Clements of my
Regulatory Branch who can be contacted by calling commercial number
716-876-5454, extension 2328, or by writing to:

District Commander
U.S. Army Engineer District, Buffalo
1776 Niagara Street'
Buffalo, NY 14207-3199
ATTN: Mrs. Diane Clements

NCBCO-S
SUBJECT: Application for Department of the Army Permit No. 85-476-9 Dated
3 January 1986, Received 9 January 1986 to Perform Work in Lake Erie,
Town of Lawrence Park, Erie County, Pennsylvania

Buffalo District - Leadership in Engineering.

Sincerely'.

ANIEL R. CLARK
Colonel, Corps of Engineers
District Commander

5 Enclosures
1. Permit
2. Form 8
3. Form 9
4. Reduced Permit
Document
5. C.G. Notice

CF: USF&WS (State College, PA)
PA Dept of Env Res (Meadville, PA)
PA Dept of Env Res (Harrisburg, PA - Lawrence Toth)
EPA (Philadelphia, PA)
NOAA
USCGA (VA)
ANIEL

DEPARTMENT OF THE ARMY
PERMIT

NCBCO-S BUFFALO DISTRICT
CORPS OF ENGINEERS
PERMIT NO. 85-476-9 BUFFALO, NY 14207

NAME OF APPLICANT TOWNSHIP OF LAWRENCE PARK

3 June 1986
EFFECTIVE DATE

EXPIRATION DATE

Referring to written request dated 3 JANUARY 1986 for a permit to:

( X) Perform work in or affecting navigable waters of the United States, upon
the recommendation of the Chief of Engineers, pursuant to Section 10 of the River
and Harbor Act of March 3,@1899 (33 U.S.C.' 403);

X Di9charge dredged or fill material into waters of the United S-tates upon
the issuance of a permit from the Secretary of the Army acting through the Chief
of Engineers pursuant to Section 404 of the Clean Water Act (Pub. L. 95-217, 33
U.S.C. 1344):

TOWNSHIP OF LAWRENCE PARK, 864 SILLIMAN AVENUE, ERIE. PA 16511 IS HEREBY
AUTHORIZED BY THE SECRETARY OF THE ARMY TO: (A) DEMOLISH AN EXISTING BOAT
RAMP, (B) EXCAVATE ABOUT 50 CUBIC YARDS OF SAND OR BROKEN SHALE FOR
CONSTRUCTION OF AN OUTFALL CHANNEL, GROIN. AND NEW BOAT LAUNCH RAMP, (C)
CONSTRUCT. A NEW BOAT LAUNCH RAMP, (D) CONSTRUCT A TEMPORARY WOOD COFFERDApf IF
NEEDED AROUND THE RAMP AREA, (E) CONSTRUCT A 60 FOOT LONG BY 3 FEET WIDE
PRECAST CONCRETE BLOCK GROIN EXTENDING 50 FEET WATERWARD OF THE SHORELINE,
AND (F) PLACE ABOUT 10 CUBIC YARDS OF HEAVY STONE BELOW ORDINARY HIGH WATER
AT THE END OF THE STORM DRAIN AS DESCRIBED IN THE PUBLIC NOTICE 85-476-9
DATED 24 JANUARY 1986. THE WORK IS LOCATED IN LAKE ERIC, TOWN OF LAWRENCE
PARK, ERIE COUNTY, PENNSYLVANIA AND SHALL BE IN ACCORDANCE WITH THE GENERAL
ANI) SPRCtAL CONDITIONS, AND THE PLANS AND DRAWINGS AND ANY ADDITIONAL SPECIAL
CONDITIONS ATTACHED HERETO WHICH ARE INCORPORATED IN AND MADE A PART OF THIS
PEIUIIT.

GENERAL CONDITIONS:

a. That all activities identified and authorized herein shall be consistent with
the terms and conditions of this permit; and that any activities not specifically
identified and authorized herein shall constitute a violation of the terms and
conditions of this permit which may result in the modification, suspension or
revocation of this permit, in whole or in part, as set forth more specifically in
General Conditions k or 1 hereto. and in the Institution of such legal
proceedings as the United States Government may consider appropriate, whether or
not this permit has been previously modified, suspended or revoked in whole or. in
part.

b. That all activities authorized herein shall, if they involve, during their.
construction or operation, any discharge of pollutants Into waters of the United
States, be at all times consistent with applicable water quality standards,
effluent limitations and standards of performance, prohibitions, pretreatment
tandards and management practices established pursuant to the Clean Water Art
(Pub. L. 95-217, 33 U.S.C. 1344), the Marine Protection, Research and Sanctuaries
Act of 1972 (Pub. L. 92-532, 86 Stat. 1052), or pursuant to applicable State and
local law.

c. That when the activity authorized herein involves a discharge during its
construction or operation, of any po6flutant (including dredged or fill material),
into waters of the United States, the authorized activity shall, if applicable
water quality standards are revised or modified during the terms of this permit,
be modified, if necessary, to conform with such revised or modified water quality
standards within 6 months of the effective date of any revision or modification
of water quality standards, or as directed by an implementation plan contained in
such revised or modified standards or within such longer period of time as the
District Engineer, in consultation with the Regional Administrator of the
Environmental Protection. Agency, may determine to be reasonable under the
circumstances.
d. That the discharge will not destroy a threatened or endangered species as
ldenLified under the Endangered Species Act, or endanger the critical habitat of
Such species.

e. That the permittee agrees to make every reasonable effort to prosecute the
construction or operation of the work authorized herein In a manner so as to
miti4f4inize any adverse Impact on fish, wildlife, and natural environmental values.

f. That the permittee agrees that it will prosecute the construction or work
authorized herein in a manner so as to minimize any degradation of water quality.
g. That the permittee shall allow the District Engineer or his authorized
representative(s) or designee(s) to make periodic inspections at any time deemed
necessary in order to assure that the Activity being performed under authority of
this permit is in accordance with the terms and conditions prescribed herein.

h. That the shall maintain the structure or work authorized herein in
good condition and in accordance with the plans and drawings attached hereto.

i That this permlt does not convey any property rights, either in real estate
or material, or any exclusive privileges; and that it does not authorize any
injury to property or invasion of rights or any infringement of Federal, S@ate,
or local laws or regulations.

J. That this permit does not obviate the requirement to obtain state or local
assent required by law for the activity authorized herein.

k. That this permit may be either modified, suspended or revoked in whole or in
part pursuant to the policies and procedures of 33 CFR 325.7.

1. That in issuing this permit, the Government has relied on the Information and
data which 'the permittee has provided in connection with his permit application.
If, subsequent to the issuance of this permit, such information and data prove to
be materially false, materially Incomplete or inaccurate, this permit may be
modified, suspended or revoked, in whole or in part, and/or the Government may,
in addition, institute appropriate legal proceedings.

M. That any modification, suspension, or revocation of this permit shall not be
the basis for any claim for damages against the United States.

n. That the permittee shall notify the District Engineer of the time the
activity authorized herein will be commenced. as far in advance of the time of
commencement as the District Engineer may specify, and of any suspension of work,
if for a period of more than one week, resumption of work and Its completion.

o. That if the activity authorized herein is not completed on or before
day of , 19 _, (three years from the date of issuance of
this permit unless otherwise specified) this permit, if not previously revoked or
specifically extended, shall automatically expire.

p. That this permit does not authorize or approve the construction of particular
structures, the authorization or approval of which may require authorization by
the Congress or other agencies of the Federal Government.

q. That if and when the permittee, desires to abandon the activity authorized
herein, unless such abandonment is part of a transfer procedure by which the
permittee is transferring his interests herein to a third party pursuant to
General Condition t. hereof. he must restore the area to a condition satisfactory
to the District Engineer.

r. Iliat if the recording of this permit is possible under applicable State or
local law, the permittee shall take such action as may be necessary to record
this permit with the Register of Deeds or other appropriate official charged with
the responsibility for maintaining records of title to and interest In real
property.

S. That there shall be no unreasonable int erference with navigation by the
existence or use of the activity authorized herein.

t That this permit may not be transferred to a third party without prior
written notice to the District Engineer, either by the transferee's written
agreement to comply with all terms and conditions of this permit or by @he
transferee subscribing to this permit in the space provided below and thereby
agreeing to comply with all terms and conditions of this permit. In addition,
if the permittee transfers the interests authorized herein by conveyance of
realty, the deed shall reference this permit and the terms and conditions spe-
cified herein and this per imit shall be recorded along with the deed with the
Register of Deeds or other appropriate official.

U. That if the permittee during prosecution of the work authorized herein,
encounters a previously unidentified archeological or other cultural resource
that might be eligible for listing In the National Register of Historic Places,
he shall immediately notify the District Engineer.

SPECIAL CONDITIONS: (CONTINUED ON PAGES 6 AND 7)

( 1 ) That this permit does not authorize the interference with any existing or
proposed Federal project and that the permittee shall not be entitled to compen-
sation for damage or injury to the structures or work authorized herein which may
be caused by or result from existing or future operations undertaken by the
United States in the public interest.

2) That no attempt shall be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the activity
authorized by this permit.

( 3 ) That if the display of lights and signals on any structure or work
1111Lhorized herein is not otherwise provided for by law, such lights and signals
as may be prescribed by the United States Coast Guard shall be installed and
by and at the expense of the permittee.

4 That the permittee, upon receipt of a notice of revocation of this permit
or upon its expiration before completion of the authorized structure or work,
shall, without expense to the United States and in such time and manner as the
.Ji!cretary of the Army or his authorized representative may direct, restore the
waLerway to its former conditiona. If the permittee fails to comply with the
-1trection of the Secretary of the Army or his authorized representative, the
Secrotary or his designee may restore the waterway to its former condition, by
Z.nL1-.10.t or otherwise, and recover the cost thereof from the permittee.

That the permittee hereby recognizes the possibility that the structure
i-trr:'ttad hF-raLn may be subject to damage by wave wash from passing vessels. The
of this permit does not relieve the permittee from taking all proper
to Ins-ire the Lncegrity of the structure permitted herein arid the safeLy of
einsired thereto from damage by wave wash and the permittee Miall not h@il-l
i*---'. Ll.':LLcd States Itable for any such damage.

That when the work authorized herein includes periodic maintenance
dredging, It may be performed under this permit for years from the date of
issuance of this permit (cen years unless otherwise indicated).

) That the permittee will advise the District Engineer in writing at least
two weeks before he Intends to undertake any maintenance dredging.

) That the discharge will be carried out in conformity with the goals and
objectives of the EPA Guidelines established pursuant to Section 404 (b) of the
Clean Water Act and published In 40 CFR Part 230.

5 ) That the discharge will consist of suitable material free from toxic pollu-
tants in toxic amounts.

6) That the fill created by the discharge will be properly maintained to pre-
vent erosion and other non-point sources of pollution.

That the discharge will not occur in a component of the National Wild and
Scenic River System or in a component of a State Wild and Scenic River System.

THIS PERMIT SHALL BECOME EFFECTIVE ON THE DATE OF THE DISTRICT ENGINEER'S
SIGNATURE.

PERMITTEE HEREBY ACCEPTS AND AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF
THIS PERMIT,

LAWRENCE PARK TOWNSHIP
BY comissioner-Parks a Recreation
Permittee Title

May 29, 1986 Attest: Township Secretary
Date

BY AUTHORITY OF TH`E? SL(CRETA&Y OF THE ARKY:

r
C
_T.J
.,,DAN EL R. COL, CE

D16trict Conui,ander

3 June 1986
Date

TRANSFEREE HEREBY AGREES TO COMPLY WITH
THE TERMS AND CONDITIONS 01' THIS PERMIT,

Transferee Date

SPECIAL CONDITIONS

(7) That if the permittee proposes to use a disposal site not specifi-
cally authorized by this permit, the location of the proposed. site must be
submitted to the District Commander, prior to the discharge of any dredged or
fill materiAl, to determine if additional Department of the Army authoriza-
tion is required.

(8) That the issuance of this permit does not constitute any endor-
sement of the engineering design and integrity of the structure authorized
herein and that the permittee recognizea the possibility of damage to the
structure from natural causes such as ice and storms and that the permittee
shall not hold the United States liable for such damage to the structure or
caused as a result of such damage to the structure.

(9) That if the District Commander finds that the structures authorized..
herein are trapping a significant amount of littoral material, the permittee
shall be required to place coarse sand and gravel from an upland source in
quantities and locations to be determined by the District Commander.

(10) That the Water Quality Certification issued for this project by the
state of Pennsylvania is part of this Department of the Army permit pursuant
to Section 401(d) of the Clean Water Act. Noncompliance with any limitations
or requirements stated in the certification may be a basis for suspension,
revocation or modification of this permit.
(11) This permit was issued on your certification that the project is
consistent with the Pennsylvania Coastal Zone Management Plan. ' The
Pennsylvania Department of Environmental Resources concurs in this cer-
tification provided you comply with any special conditions imposed by that
agency. Noncompliance with the conditions may be a basis for suspension,
revocation or modification of this permit.

(12) That all demolition debris and excavated shales shall be deposited
on upland property in a manner that prevents reintroduction to waters of the
United States including adjacent freshwater wetlands (swamps, marshes, bogs
and similar areas). That the sand excavated shall be placed between the two
groins as a beach above Ordinary High Water Elevation 572.8 feet, IGLD. 1955.

(13) That the dredging and filling shall be performed so as to minimize
disturbance of the bottom or turbidity increases in the water which tend to
degrade water quality and damage aquatic life.

14) That earthwork operations on shore shall be carried out in such a
way as to minimize erosion of the material and preclude entry to the water-
way.

SPECIAL CONDITIONS CONTINUED

(15) On completion of earthwork operations, all fills on shore and
other areas on shore disturbed during construction will be seeded, riprapped.
or given some other type of protection from subsequent erosion.

(16) That the permittee shall employ measures during construction to
prevent spills of fuels or lubricants. If a spill occurs, it shall be
controlled to prevent its entry into the waterway.

(17) That the permittee shall provide receptacles to collect refuse
from people using the beach and ramp facilities and arrange for adequate
disposal of materials collected. Under no circumstances shall such wastes be
discharged into the waterway.

(18) That this permit does not authorize the construction of any
temporary fills in the waterway to facilitate construction of the structures
:
uch as laydown areas, work pads, temporary groins, roadways, cofferdams,
tc. The permittee is authorized to construct the temporary wooded plank
cofferdam around the waterward end of the proposed launch ramp and such cof-
ferdam if used shall be removed from the waterway on completion of the struc-
ture.

(19) That the use of the area as a swimming beach is subject to the
clearance and/or permit requirements of the Erie County Health Department.
The Department of the Army permit does not convey such use of the area as a
swimming/bathing beach, as this is a matter of local jurisdiction.

3. DER PERMIT EXTENSION

COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES
PEN NSYLVA N I A P.O. Box 8554
Harrisburg, PA 17105-8554
March 12, 1990
717-54.1-7905
Bureau of Dams and Waterway Management

Mr. Robert B. Gwinn
Urban Engineers of Erie, Inc.
502 West Seventh Street
Erie, PA 16502

Re: DER File No. E 25-293

Dear Mr. Gwinn:

This is in reference to your letter of -.wwy 109 1990 requesting a time extension on
Permit No. E 25-293 on behalf of Lawrence Park Township to reconstruct and maintain a concrete
boat ramp, to extend and maintain an existing groin, and to construct and maintain a concrete
groin and an outfall structure in and along Lake Erie at a point approximately I mile west of Four
Mile Creek on Lawrence Township, Erie County.
@lease be advised that favorable consideration has been given to this request and the
time limit on Permit No. E 25-293 is hereby extended to December 31, 1992.

All conditions specified in the original permit remain In effect and are to be complied
with as part of this time extension, Including the following:

1. The Pennsylvania Fish Commission's Northwest Regional Office, P.O.
Box 349, 1281 Otter Street, Franklir4 PA 16323, Telephone
814-437-5774, shall be contacted and advised as to when the work
will be done.

2. Proper erosion and sedimentation control measures shall be instituted
during and after construction, and approval of the adequacy of these
measures shall be obtained from the Erie County Conservation District
at R.D. #5, Route 19, Waterfor4 PA 16441, Telephone 814-796-4203.

3. Act 14 of the Pennsylvania Legislature requires that written notice
be given to the municipality(les) and county(ies) in which the activi-
ties are proposed at least 30 days prior to starting construction. The
written notice should be sent to each municipality and county by
certified mall, return receipt requested. A copy of this notice along
with the returned receipt should be kept on file along with this letter.

32 -

Mr. Robert B. Gwinn -2- March 12, 1990.

Files shall be properly maintained and available for inspection by
authorized employees of the Pennsylvania Department of Environ-
mental Resources.

Sincnts!34

ene E. Co Chief
ivision of Waterways and
Storm Water Management
Bureau of Dams and Waterway Management
Department of Environmental Resources
ene K"Ehie
ivision 0Co C
ys
f Wat ?aafn d

33 -

4. CORPS PERMIT EXTENSION #1

DEPARTMENT OF THE,*.RMY
BUFFALO DISTRICT. CORPS OF ENGINEERS
n'n 1776 NIAGARA STREET
BUFFALO. NEW YORK 14207-3199

REPLY TO January 31, 1990
ATTeNTION CW

Regulatory Branch

SUBJECT: Modification of Department of the Army Permit
No. 85-476-9 (Processing No. 90-476-3)

Mr. Robert B. Gwinn
Urban Engineers, Inc.
502 West 7th Street
Erie, Pennsylvania 16502-1333

Dear Mr. Gwinn:

This is in reply to your letter dated January 10, 1990
requesting modification of above subject Department of the
Army permit on behalf of Lawrence Park Township
Specifically, you request a change in the propo;ed construction
date of a precast concrete block groin (Phase III of the
project) which has been contingent upon receipt of coastal
Zone Management funding.

I have reviewed the requested modification and find that
the change is minor in nature and would not be contrary to
the overall public interest. Therefore, permit No. 85-476-9
if hereby modified to allow you to complete construction of
the groin by August 31, 1991.

All other terms and conditions of the permit remain in
full force and effect.

Questions pertaining to this matter should be directed to
Mrs. Diane Clements, who may be contacted at 716-879-4328, or
by writing to the above address.

BY AUTHORITY OF THE SECRETARY OF THE ARMY:

2
Hug F. Boyd III
Colonel, U.S. Army
commanding
/Hu@gh
Colo
ne
Commar

34 -

5. CORPS PERMIT EXTENSION #2

DEPARTMENT OF THE ARMY
BUFFALO DISTRICT. CORPS OF ENGINEERS
1776 NIAGARA STREET
BUFFALO. NEW YORK 14207-3190

REPLY TO August 15, 1991

Regulatory Branch

SUBJECT: Request for Extension of Department of the Army
Permit No. 85-476-9

Mr. Robert B. Gwinn
Project Engineer
Urban Engineers, Incorporated
502 West 7th Street
Erie, Pennsylvania 16502-1399

Dear Mr. Gwinn:

This is in reply to your letter of August 1, 1991
requesting a time extension an above subject Department of
the Army permit.

In accordance with your request, General Condition (o)
of the permit is hereby revised to reflect a two-year
time extension thereby authorizing completion of the work
on or before August 31, 1993. This time extension is granted
provided there are no changes in the work specifications as
authorized.

All other terms and conditions of Department of the Army
permit No. 85-476-9 remain in full force and effect.

Questions pertaining to this matter should be directed to
Mr. Westley Floyd, who can be contacted at 716-879-4328, or
by writing to the above address.

BY AUTHORITY OF THE SECRETARY OF THE MM:

John W. Mor is
Colonel, U.S. Army
commanding
W. Mor

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