Elk Creek public access stage 5A Boat ramp construction project, Girard Township , Erie County, Pennsylvania : Final Report

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

FILE #CZ1:C6E
ME #86159

PENNSYLVANIA COASTAL ZONE MANAGEMENT PROGRAM

ELK CREEK PUBLIC ACCESS
STAGE 5A
BOAT RAMP CONSTRUCTION PROJECT
FINAL REPORT

GIRARD TOWNSHIP
ERIE COUNTY, PENNSYLVANIA

Prepared by:

Erie County Department of Planning
September 30, 1988

Coastal
Funded and Coordinated
through Department of Environmental Resour-
ces, Office of Resources Management, Bureau of Resources Management Division of Coast- al Zone Management of the Ena County De-
of Resources Mangement, Division of Coast-
al Zone Management and the Erie County De-
partment of Planning.
Zone

NA
350 t was financed through a Federal Coastal Zone Management Grant
G5 ennsylvania Department of Environmental Resources with funds
E4 the National Oceanic and Atmospheric Administration.
1988

ELK CREEK PUBLIC ACCESS
STAGE 5A
BOAT RAMP CONSTRUCTION PROJECT
GIRARD TOWNSHIP
ERIE COUNTY, PENNSYLVANIA

FINAL REPORT
SEPTEMBER 30, 1988

The preparation of this report was funded and coordinat.ed 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.

PM
U

TABLE OF CONTENTS

SECTION PAGE NO.

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

2. Background of the Project ....................................... 1

3. Scope of Work .................................................. 7

4, Pre-Construction Photo8raphs.......,.,,.....,. ... 10

5. Construction Photographs ....................................... 14

6. Final Project Photographs ...................................... 19

7. Permits ........................................................ 22

8. As-Built Drawings .............................................. 36

MAPS PAGE NO.

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

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

3. Construction Stages Map ........................................ 5

1. PROJECT LOCATION

The Elk Creek Access Area is located along the west bank of Elk Creek,
just north of PA Route 5 in the northwest section of Girard Township
(see Project Location Map).. The Access Area is approximately 11 miles
east of Conneaut, Ohio and 16 miles west of Erie, Pennsylvania. The
facility is located along the easternmost end of a 256 acre parcel of
land owned by the Pennsylvania Electric Company (Penelec). Penelec is
presently leasing a portion of this property (81.65 acres) to Girard
Township for recreational purposes (see Site Map). The project site is
bounded by Lake Erie on the north; Elk Creek and the Rhoades' Brothers
property an the east; PA Route 5 on the south; and the balance of the
Penelec property on the west. The site itself consists of two elevation
levels separated by escarpments and steep slopes. The beach and
lowlands adjacent to Elk Creek are within 20 feet or less of the level
of Lake Erie, while the higher areas along the bluff and adjacent to PA
Route 5 are as much as 125 feet above the lake level. With thb
exception of the existing recreational development, the project site is
predominantly a forested area consisting of various species of hardwood
trees and an abundance of vegetative cover. The properties surrounding
the project site are made up of undeveloped land as well as agricultural
and residential uses. The residential development includes a few
isolated farm houses west of Elk Creek, seasonal dwellings along the
east side of Elk Creek near the creek's mouth, and permanent
single-family homes within Girard Township and Lake City Borough on the
high ground east of Elk Creek. It should be noted that the project 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. In addition, the Federal Insurance
Administration has determined that some of the lowland areas adjacent to
Elk Creek are within a designated flood hazard zone.

2. BACKGROUND OF THE PROJECT

For many years, various public agencies have attempted to develop a
small boat harbor at the mouth of Elk Creek. These agencies included the
U.S. Army Corps of Engineers, the PA Fish Commission, the PA Department
of Environmental Resources and the County of Erie. However, as is the
case throughout most of the Lake Erie Coastal Zone, private land
ownership at the mouth of Elk Creek has hampered all efforts to develop
a public boating facility. The costs for acquiring sufficient land area
for such a facility would be extremely high, not to mention the
construction costs.

In the late 1970's, plans for constructing a small boat harbor at Elk
Creek were temporarily put on hold. Attention subsequently turned to
the possibility of constructing a public access area on the west bank of
Elk Creek at a much smaller scale. State, County and local officials
believed that the development of a public access area on the west bank
would be compatible with any future harbor development on the east

Page 1

ELK CREEK PU8LIC ACCESS
STAGE 5A BOAT RAMP CONSTRUCTION PROJECT
PROJECT LOCATION MAP

LAKE ERIE

Elk Creek V
Fairview
Acess Area ro

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Vrr,

Lak City
Borolugh

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Girard
Borough

w - 20

Z GIRARD
Q:.
TOWNSHIP

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Platea Borough

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- - - - - - - - - - - - - - . . . . . .

Page. 2

C7711 r771 =1 ff7!1 C71 C71 C73 C73 =1 772 T@ C" C!!l C!71 C71 77111 C71 C711

ELK CREEK PUBLIC ACESS STAGE 5A BOAT RAMP CONSTRUCTION PROJECT
SITE MAP

0
C.
Lake 'Erie

Area leas ed by Girard Township
(81.66 Acres)

%
%%

OQ
(D Richard G. Rhoades
Lj
Arthur E. Rhoades
Harry L. Rhoades

Pennsylvania Electric
Company

bank. The two projects would compliment each other in reaching the
goals of improved lake access and recreation for the area.

As government officials were generating public interest for the
development of a public access area, the owner of the west bank property
(Penelec) was conducting an environmental study for the construction of
a new coal-fired generating plant. The proposed limits of construction
for the plant facility extended eastward to a point near the top of the
creek escarpment, about 1500 feet from the creek itself. Penelec
officials had decided that the escarpment and the lowlands adjacent to
Elk Creek were not readily useable for plant construction, and would not
be expected to be used in the future for that purpose. Since the
escarpment and lowlands were more suitable for recreational development,
Penelec offered to lease a portion of the property to Girard Township
for public recreation purposes.

Before entering into a lease agreement with Penelec, GIrard Township
decided to conduct a feasibility study for the Elk Creek Access Area.
This study was completed in 1980 by D. A. Johnson and Associates with
funds provided by the Pennsylvania Coastal Zone Management (CZM)
Program. Specific project activities included:

1. Evaluation of land use, soils, topography, vegetation, traffic
patterns and utilities in the study area.

2. Preparation of plans for the development of the recreational
facilities.

3. Development of cost estimates for the proposed improvements.

According to the feasibility study, improvements proposed for the site
should be constructed in stages. This was necessary in-order to provide
construction contracts small enough to be adapted to the availability of
funding. The recommended development stages for the Elk Creek Public
Access Area included:

Stage 1: Entrance Road and Parking Area #1
Stage 2: Access Road and Parking Area #2
Stage 3: Picnic Area and Trails
Stage 4: Comfort Facilities
Stage 5: Boat Launching Ramp and Access
Stage 6: Channel Improvements
Stage 7.: Paving of Gravel Roads and Parking Areas

The proposed location of the above-mentioned improvements within the
study area are illustrated on the Elk Creek Access Area Construction
Stages Map (please see map on following page).

Upon completion of the feasibility study, Girard Township contacted
Penelec in order to have a lease agreement drawn up for a portion of the

-.Page 4

A K E E I E

. ........

STAGE

100 Year UJI lee
Flood Limits Romp

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STAG

Coat oft F44111,1148

p 6A ISO

S TA G E 4

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STAGE 2 Coof rt
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lee

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0 elk
STAGE I

0
u CONSTRUCTION STAGES

0 100 200 300 400 500

FEET

Page 5

lands on the west bank of Elk Creek. On March 4, 1981, both parties
entered into the lease agreement whereby Penelec agreed to lease 46.65
acres of land to Girard Township for recreational purposes for a period
of twenty five (25) years.

Construction of the recreational facilities at the Elk Creek Access Area
finally began in the summer of 1981. The construction activities were
staged as close as possible to the recommendations included in the Elk
Creek Public Access Feasibility Study. The actual stages were modified
in accordance with the funding availability. The following facilities
were designed and constructed from 1981 through 1983 with funds provided
by the CZM Program and the Pennsylvania Department of Community Affairs'
Coastal Energy Impact Program (CEIP):

An entrance road from PA Route 5 into the park. This road was
constructed in 1981 (Stage 1A) and was eventually paved in 1983
(Stages 3A and 4A).

A parking lot on the upper plateau near the entrance road which
provides parking for about 50 cars. The parking lot was
constructed in 1981 (Stage 1A) and was eventually paved in 1983
(Stages 3A and 4A),

- Two parking lots on the lower floodplain area which provide parking
for about 100 cars (or about 50 cars plus 30 cars with boat
trailers). The parking lots were constructed and paved in 1983
(Stages 3A and 4A).

- Over a half mile of paved access roads which connect the entrance
road and upper parking area to the two lower parking areas. The
main access road reaches the lake level via a meandering route
through a ravine in the escarpment. The access roads include guard
rails, traffic control signs, and over 1,000 feet of subsurface
drainage. These improvements were completed in 1982 (Stage 2A).

- Two comfort stations, each which is a modern masonry pit type
structure with restroom facilities for both men and women. One is
located on the upper plateau and the other is adjacent to the
parking lots on the lake level. The comfort stations were
constructed in 1983 (Stages 3A and 4A).

- Approximately 6,500 feet of hiking trails throughout the wooded
areas surrounding the other facilities. The hiking trails were
completed in 1981 and 1983 (Stages 1A, 3A and 4A).

Twelve (12) picnic tables and six (6) grills for public use. These
facilities, which are located near the parking lots, were installed
in 1981 and 1983 (Stages 1A, 3A and 4A).

In 1986, Girard Township developed a plan to construct an additional
hiking trail for fishermen which would lead from the northernmost

Page 6

parking lot, up and over the lake' bluff, to the mouth of Elk Creek.
Before this hiking trail could be constructed, Penelec had to lease
additional land to Gir*ard Township. On October 8, 1986, both parties
entered into a second lease agreement which extended the boundary limits
of the original agreement northward to -the Lake Erie shoreline by an
additional 30 acres. Shortly after the- lease was executed, Girard
Township constructed the hiking trail with Council of Governments (COG)
grant funding through the PA Department of Community Affairs. A picnic
pavillion adjacent to the lower parking lots and an entrance gate on the
upper plateau were also constructed with COG funds. It should be noted
that the entrance gate was installed to control access to the lower
level parking lots during the winter months (generally from December lat
to the opening day of trout season).

Upon the completion of the above-mentioned improvements, State, County
and local officials once again turned their attention to constructing a
small boat harbor on the east bank of Elk Creek. In 1986, Girard
Township entered into an agreement with D. A. Johnson and Associates to
conduct the Elk Creek Safe Harbor/Marina Feasibility Study. Funding for
this study was made available through the CZM Program. The study
provided a review of the historical background of the study area,
project development patterns, design needs and benefits, potential
funding sources, government responsibilities and implementation
strategies. According to the results of the Study, a short term goal
would be to purchase the land on the east bank with eventual ownership
vested in the PA Fish Commission. The long term goal would be to
undertake a cooperative effort for constructing breakwaters and a
harbor/marina.

Since the safe harbor/marina project was still several years away from
becoming a reality,.Girard Township decided to proceed with construction
activities on the west bank of Elk Creek. When CZM announced that grant
.funds were available for construction projects in FY 1986, Girard
Township applied for CZM funds in order to construct a boat launch ramp
as previously recommended in the Elk Creek Public Access Feasibility
Study.

3. SCOPE OF WORK

The construction activities associated with the Elk Creek Public Access
Stage 5A Boat Ramp Construction Project were started in July of 1988 and
completed in September of 1988 with funds provided by the PA Department
of Environmental Resources (CZM). The total project cost was $44,700.
The project improvements would provide for the construction of a boat
launching ramp on the west bank of Elk Creek adjacent to the previously
developed lower level parking area. It should be noted that Girard
Township did not provide any matching funds for construction of the boat
ramp. However, the Township is responsible for dredging Elk Creek in
order to ensure sate boater access between the boat ramp and Lake Erie.

The following is a list of specific activities which took place during

Page 7

the completion of this project:

1. Archeological Survey - The Pennsylvania Historical and Museum
Commission (PAHMC) informed CZM in November of 1986 that an
Archeological Survey might need to be conducted at the Elk Creek
Access Area in order to determine if the project would affect any
archeological resources within the project area. Upon researching
the information on the project site, CZM obtained a copy of an
Archeological Survey which was conducted for the Elk Creek Area in
1986 by the Northwest Institute of Research. This Archeological
Survey was forwarded to the PAHMC for review in March of 1987.
Based upon the information presented in the 1982 survey, PAHMC
officials concluded that the project would have no effect on
archeological resources in the project area. CZM subsequently
instructed Girard Township to submit the necessary permit
applications to the U.S. Army Corps of Engineers and the PA Bureau
of Dams and Waterways Management (BDWM) for construction of the
boat ramp.

2. First Bid Opening - Upon receiving permits from the Corps of
Engineers and BDWM, Girard Township held an official bid opening
at the Girard Township Municipal Building on September 24, 1987.
The bids received were much higher than the amount of funds
available for construction. Girard Township subsequently rejected
the bids and authorized D. A. Johnson and Associates to redesign
the project in order to cut costs.

3. Revised Project Specifications and Engineerincl_ Drawings -
Completed by D. A. Johnson and Associates in November 1987.
Extensive revisions were made in the design of the boat launch
ramp.

4. Second Bid Opening - The second bid opening was held at the Girard
Township Municipal Building on November 24, 1987. Unfortunately,
the bids which were received were still higher than the funds
available for construction. Since this was a high priority
project in Erie County, DCZM decided to commit additional funds
toward the project effort. The Township subsequently accepted the
low bid by N. H. Rabell and Sons, Inc.

5. Maintenance Agreement - A Maintenance Agreement between the County
of Erie and Girard Township was executed in December 1988. This
Agreement states that Girard @Township is responsible for
periodically dredging the creekbed at the mouth of Elk Creek in
order to ensure safe boater access between the boat launch ramp
and Lake Erie.

6. Contract Extension - In February 1988, DCZM approved a contract
extension through September 30, 1988 in order to give the
construction contractor additional time to complete the
construction activities.

Page 8

7. Project Administration - During the next several months, Girard
Township, DCZM and the Erie County Department of Planning obtained
all necessary permit revisions, executed contract amendments and
subcontracts, and finalized all other paperlwork in conjunction
with the project. DCZM issued a notice to proceed with the
construction activities in July of 1988.

8. Construction Activities - N. H. Rabell and Sons, Inc. started
construction of the boat launch ramp facility in July of 1988 and
construction activities were completed in September 1988.
Specific activities which were undertaken as part of the project
effort included:

- Construction of a new boat launch ramp (85 feet long, 26 feet
wide)

- Installation of traffic control signs

- Installation of boat docking pole adjacent to the boat ramp

- Final landscaping and seeding

Page 9

4. PRE-CONSTRUCTION PHOTOGRAPHS

ELK CREEK PUBLIC ACCESS STAGE 5A BOAT RAMP CONSTRUCTION PROJECT
JUNE 1987

Page 10

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I View of the Elk Creek, Access Area entrance road! 2. Northward view of the access road which leads to!
OQ e 1987@
(D on PA Route 5. Jun the lower level parking lots.

jig,
lip

3. View of one of the lower level narking lots. 4. Southward view of Elk Creek from the proposed
site for the boat ramp.

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ru 6. Eastward view of the proposed site for the boatl
GQ 5. Southward view along the west bank of Elk Creek.! June 1987!@
(D ramp.

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7. Northward view of the proposed site for the boat 8. Westward view of the proposed site for the boat
ramp. ramp.

C73 C7� C773 C771 [--I 771 C71 =1 ff7l (771 C772 C73 7774 C771 C71 =3

61.
)."r 7r

9. Westward view of the lower part *of Elk Creek. 10. Eastward view of the gravel sandbar which has
OQ June 1987' formed at the mouth of Elk Creek.
(D which runs parallel to the Lake Erie shoreline.

ifto -A_-

7,
----- -----

11. Northward view of the mouth of Elk Creek as it 12. Westward view of the mouth of Elk Creek.
empties into Lake Erie.

5. CONSTRUCTION PHOTOGRAPHS

ELK CREEK PUBLIC ACCESS STAGE 5A BOAT RAMP CONSTRUCTION PROJECT
JULY, AUGUST, SEPTEMBER 1988

Page 14

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ELK
BOAT 5;ILA
A Project Fwded By The
caftstal Z@ M.-gemet Pro".

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7
-77
7,
7

OQ 13. Construction sign which was erected at the
(D project site (9/88). july 1988@ 14. Removal of trees from the project site-@
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Ln

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q

15. Westward view of the project site as it is being 16. Erosion control devices installed at the project
cleared for construction. site.

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17. Temporary cofferdam constructed by N. H. Rabell 18. Construction workers weld the base of the
July/Au cofferdam.
Mi and Sons, Inc. prior to construction of the new@
boat ramp. 1988'

ANN,

19. Excavation work at the project site. 20. Workers have completed construction of the lower
section of the boat ramp.

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21. Forms are set for the upper, sections of the 22. Work is completed on the south side of thel
August@
boat ramp. 1988:' ramp.

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24. Final preparations are made prior to pouring
23. Installation of the rock base for the north the concrete for the north side of the boat
side of the boat ramp. ramp.

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26. Filter f abric is placed along the north side of
OQ 25. DCZM and ECDP officials. inspect the boat ramp Augl./Sept@
M during construction. the boat ramp prior to installing the rip rap..1
19881

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L'I
@ei N-1 i Ri

27. Workers install rip rap on the north side of 28. Final grading at the project site.
the boat ramp.

6. FINAL PROJECT PHOTOGRAPHS

ELK CREEK PUBLIC ACCESS STAGE 5A BOAT RAMP CONSTRUCTION PROJECT
AUGUST, SEPTEMBER 1988

Page 19

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LANE
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BOAT
F1, nil
MW IT RAM
LWC" ar"50"

0q 29. Final project sign which was erected at 30. One of the traf f ic control signs erectedl
M, SeOl-
the proj ectl'srite along thei access road.
1988@
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31. View of the graded and seeded area on the 32. View of the graded and seeded area on the'
south side of the boat ramp. north side of the boat ramp.

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southwest view of the new boat launchl
33. Northwest view of the new boat launchl 34.
ramp from the'creek bank. August 19881; ramp with the' temporary boat bumpers.

zn-

35. Northeast view of the new boat launch 36. Southeast view of the new boat launch
ramp from the ramp approach area. ramp from the ramp approach area.

7. PERMITS

Girard Township obtained the following permits in
conjunction with the Elk Creek Public Access Stage
5A Boat Ramp Construction Project:

1) Pennsylvania (DER) Bureau of Dams and Waterways
Management, Water Obstructions and Encroachment
Permit (No. E25-345)

2) U.S. Army Corps of Engineers, Department of the
Army Permit (No. 87-250-2)

3) Pennsylvania (DER) Bureau of Dams and Waterways
Management, Amendment to Water Obstructions and
Encroachment Permit (No. E25-345A)

4) U.S. Army Corps of Engineers, Amendment to
Department of the Army Permit (No. 87-250-2)

Page 22

ER-DWM-7:11/82 1. DER PERMIT PERMIT No. E25-345
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES
WATER OBSTRUCTION AND ENCROACHMENT PERMIT

Ile Department of Environmental Resources "Department", established by the Act of December 3,
1970, P.L. 834 (71 P.S. � �510-1 el 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
"sues this permit to:

CIRARD TOWNSillP

@Iunicipal_Building, RD 3, Route 20, Girard, PA 16417

giving its -consent to construct and imintain a boat rainp along the Ilest

bank of Elk Creek at a point approximately 800 feet from its rmuth with

Lake Erie in Girard Township, Erie County.

This permit is issued in response to an application filed with the Department of Environmental
Resources on the 29th day of Ai)ri I A.D. 19 87 , and with the understanding
that the work shall be performed in accordance with the maps, plans, profiles and specifications filed
with and made part of the application II/A . Subject however, to the
provisions of the Dam Safety and Encroachments Act, the Flood Plain Manage nt Act, the Clean Streams
Law, the Administrative Code, the rules and regulations promulgated thereunder and the following
conditions and restrictions;

1. 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 terms 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,
suspended, or revoked, in whole or in part, and the Department may, in addition, institute appropriate
legal proceedings;

Rage 23

3. This permit does not give any property rights, either *in real estate or material, 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
to 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;

4. Ile 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. The Department further reserves the right to suspend or revoke this permit if in its opinion
the best interest of the Coinmunwealth 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
encruachment, and in accordance with the regulations of the Department and terms and conditions of
this permit. Any repairs or maintenance involving modifications of the water obstruction or encroachment
from its original specifications, and any repairs or reconstruction involving.a substantial portion of the
structure as defined by TtgUlations of the'Department shall require the prior written approval and permit
of the Department',

6. All construction &bris, excavated "material, brush, rocks, arid 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 grouiid"hs may be approved by the Department;'
r 7. There shall be no unreasonable interf6rence with the free discharge of the' rivet or stream nor
with navigation during construction;

8. If future operations by the Commonwealth of Pennsylvania require modification of the structure
or work, or if, in [lie 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 Department 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, profiles,
and specifications;

11. If this work is not completed on or before the 31st day of Beceinber
A.D. 19 90 this permit, if not previously revoked or specifically extended, shall cease and be null
and void;

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

Page 24

on.the form herein attached. Copy of this signed form, together with copy of the permit shall be available
for inspection at the project site at all times. Copy of the acknowledgement shall also @e forwarded
to the office issuing the permit. Failure to have copies of the permit and acknowledgerrent 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. 'Me 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 perniittee 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.

Page 25

PERMIT NO. E25-34b

SPECIAL CONDITIONS
A. Prior to commencement and upon completion of the work authorized by this permit,
the permittee shall notify the Pennsylvania Fish Commission's 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, RD 5, Route 19,
11aterford, 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. U. Box 1673, Harrisburg,
PA 17120, Telephone (717) 657-4522.

U. 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. Care should be taken not to lose construction materials into the stream waters.
No waste construction materials shall be disposed of into the waters of the
Commonwealth (i.e., concrete, gravel, washings, etc.).

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

Permittee (signature) Date

SEP I 1 1937
Date DEPAR OF EN11IROWFNTA.L RESOURCES

Attest B ene AWlv
- CW chlex-1
k- ---- -
ivision of Waterways and
5torm Water Management

Page 26 Applies to ER-DWfvl-7

2. CORPS PERMIT

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

REPLY To September 3, 1987
^7rz#47#0" cw

Regulatory Branch

SUBJECT: Letter of Permission - Processing No. 87-250-2

Girard Township
10140 Ridge Road
Girard, Pennsylvania 16417-9415

Gentlemen:

Please refer to your request for a Department of the Army
permit to perform work.in Elk Creek (Lake Erie), Girard
Township, Erie County,-.,P-ennsylvania.

UPON RECOMMENDATION OF THE CHIEF OE ENGINEERS, PURSUANT TO
SECTION 10 OF THE RIVER AND HARBOR ACT OF 3 MARCH 1899
(33 U.S.C. 403), GIRARD TOWNSHIP DESIGNATED THE PERHITTEE, IS
HEREBY GRANTED PERMISSION TO INSTALL A (NON-FILL) DEWATERING
COFFERDAM; DEWATER PROJECT AREA, ACCOMPLISH CONSTRUCTION OF A
PUBLIC BOAT RAMP FACILITY AND REMOVE DEWATERING COFFERDAM IN
ACCORDANCE WITH ATTACHED PERMIT PROVISIONS, CONDITIONS AND
ORAWINGS WHICH ARE INCORPORATED IN AND MADE A PART HEREOF.

NOTE: The term "you" and its derivatives, as used in this
permit, means the permittee or any future transferee. The term
.. this office" refers to the appropriate district or division
office of the Corps of Engineers having jurisdiction over the
permitted activity under the authority of the commanding
of f icer.

Pursuant to Section 404 of the Clean Water Act, the fills
placed in conjunction with the boat ramp facility construction,
including stone riprap and cast in place concrete are authorized
by Federal. Nationwide Permits 33 CFR 330.5(a)(13)(25)
respectively, provided that the attached special conditions and
management practices of the Nationwide Permit are followed.

The District Commander must be informed of commencement and
completion of the authorized work. Please use the forms
enclosed. Commencement indicates your acct2tance and agreement
to comply with the permit terms and conditions.

Page 27

Regulatory Branch
SUBJECT: Letter of Permission - Processing No. 87-250-2

Questions pertaining to this matter should be directed to
Mr. Daniel Decker who can be contacted at 716-876-5454,
extension 2318, or by writing to the above address.

The Buffalo District -- Leadership in Engineering.

Dated this 3rd day of September 1987

BY AUTHORITY OF THE SE RY OF THE ARMY:

Daniel R. Clark
Colonel, U.S. Army
Commanding

Enclosures
RY
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ni
;@Dae
1
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- Page 28

PERMIT CONDITIONS:
GENERAL CONDITIONS:

1. The time limit for completing the work authorized ends on Sep. 3, 1990
If you find that you need more time to complete the authorized activity, submit
your request for a time extension to this office for consideration at least one
month before the above date is reached.

2, You must maintain the activity authorized by this permit in good condition
and in conformance with the terms and conditions of this permit. You are not
relieved of this requirement if you abandon the permitted activity, although
you may make a good faith transfer to a third party in compliance with General
Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you
must obtain a modification of this permit from this office, which may require
restoration of the area.

3. If you discover any previously unknown historic or archeological remains
while accomplishing the activity authorized by this permit, you must
immediately notify this office of what you have found. We will initiate the
Federal and state coordination required to determine if the remains warrant a
recovery effort or if the site is eligible for listing in the National Register
of Historic Places.

4. If you sell the property associated with this permit, you must obtain the
signature of the new owner in the space provided and forward a copy of the
permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your
project, you must comply with the conditions specified in the certification as
special conditions to this permit,

6, You must allow representatives from this office to inspect the authorized
activity at any time deemed necessary to ensure that it is being or has been
accomplished in accordance with the terms and conditions of your permit.

FURTHER INFORMATION:

1. Congressional Authorities: You have been authorized to undertake the
activity described above pursuant to:

U ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).

) Section 404 of the Clean Water Act (33 U.S.C. 1344).

2. Limits of this authorization*

a. This permit does not obviate the need to obtain other Federal, state
or local authorizations required by law.

b. - This permit does not grant any property rights or exclusive
privileges.

c. This permit does not authorize any injury to the property or rights of
others.

Page 29

d. This permit does not authorize interference with any existing or
proposed Federal project.

3. Limits of Federal Liability. In issuing this permit, the Federal
Government does not assume any liability for the following: .

a. Damages to the permitted project or uses therof as a result of other
permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of
current or future activities undertaken by or on behalf of the United States in
the public interest.

ce Damages to persons, property, or to other permitted or unpermitted
activities or structures caused by the activity authorized by this permit.
work6 d. . Design or construction defi .ciencies associated with the permitted

e. Damage claims associated with any future modification, suspension, or
revocation of this permit.

4. Reliance on Applicant's Data The determination of this office that
issuance of this permit is not contrary to the public interest was made in
reliance on the information you provided.

5. Reevaluation of Permit Decision. This office may reevaluate its decision
on this permit at any time the circumstances warrant. Circumstances that could
require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application
proves to have been false, incomplete, or inaccurate (See 4 above).

co Significant new information surfaces which this office did not
consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use
the suspension, modification, and revocation procedures contained in 33 CFR
325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and
326.5. The referenced enforcement procedures provide for the issuance of an
administrative order requiring you to comply with the terms and conditions of
your permit and for the initiation of legal action where appropriate. You will
be required to pay for any corrective measures ordered by this office, and if
you fail to comply with such directive, this office may in certain situations
(such as those specfied in 33 CFR 209.170) accomplish the corrective measures
by contract or otherwise and bill you for the cost.

6. Extensions. General condition 1 establishes a time limit for the
completion of the activity authorized by this permit. Unless there are
circumstances requiring either a prompt completion of the authorized activity
or a reevaluation of the public interest decision, the Corps will normally give
favorable consideration to a request for an extension of this time limit.

Page 30

SPECIAL CONDITIONS:

(1 ) Your use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.

(2 ) You must install and maintain, at your expense, any safety lights and
signals prescribed by the United States Coast Guard (USCG), through regulations
or otherwise, at your authorized facilities. The USCG may be reached at the
following address and telephone number:

U.S. Coast Guard
Aids to Navigation Branch
Ninth Coast Guard District
1240 E. Ninth Street
Cleveland, Ohio 44199-2010
216-522-3992

(3 ) You must take the actions required to record this permit with the
Registrar of Deeds or other appropriate officials charged with the responsibility
for maintaining records of title to or interest in real property&

4 ) That the mechanical equipment used to execute the work authorized herein
s, hall be operated in such a way as to minimize turbidity that could degrade
water quality and adversely affect aquatic plant and animal life.

(5 ) That you are responsible for ensuring that the contractor and/or workers
executing the activity(s) authorized by this permit have knowledge of the terms
and conditions of the authorization and that a copy of the permit document is
at the project site throughout the period the work is underway.

(6 ) That no timbers freshly treated with creosote, pentachlorophenol, or
petroleum based preservatives shall be used in the construction of the
cofferdam.

(7 ) That during the dewatering of the area behind the cofferdam precautions
shall be taken to minimize the release of suspended solids into any water of the
United States.

(8 ) That any material dredged from behind the cofferdam shall be disposed of
at an upland site well removed from Elk Creek (Lake Erie) or other waters of the
United States including wetlands and shall be adequately contained to preclude
reentry into these waters.

TRANSFEREE HEREBY AGREES TO COMPLY WITH
THE TERHS AND CONDITIONS OF THIS PERMITo

lhJJ Z4 2,8@7
Transferee -Date

'i U Pep, u1sogs
A D 72> w /0 s A Page 31

3. DER PERNIT AMOIDMENT

COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES
PENNSYLVANIA Post Office Box 2357
02M.'e Harrisburg, Pennsylvania 17120
June 6. 1988
Bureau of Dams and Waterway Management 717-787-6826

Rodney Dale, Chairman
Board of Supervisors
.Girard Township
Municipal Building
R.D. #3, Route 20
Girard, PA 16417

Re: DER File No. E 25-345A

Dear Mr. Dale:

This is in reference to a letter and plans dated March 29, 1988 from Mr. David A.
Johnson of D. A. Johnson and Associates requesting, on behalf of Girard Township, an amendment
to Permit No. E 25-345 to construct and maintain a boat ramp along the West Bank of Elk Creek
-it a point approximately 800 feet from its mouth with Lake Erie in Girard Township, Erie County.

Please be advised that favorable consideration has been given to this request and Per-
Mit No. E 25-345 is hereby amended to construct and maintain riprap along.both sides of the pro-
posed boat ramp (replaces gabions) and precast concrete ramp sections located along the West
Bank of Elk Creek at a point approximately 800 feet from its mouth with Lake Erie in Girard
Township, Erie County.

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

1. The Pennsylvania Fish Commission's Northwest Regional Office, P.O.
Box 349, 1281 Otter Street, Franklin, 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, Waterford, PA 16441l Telephone 814-796-4203.

3. Act 14 of the Pennsylvania Legislature req es that written notice
tU@',r 3)
be given to the municipality(ies) and coun y e 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 mail, return receipt requested. A copy of this notice along
with the returned receipt should be kept on file along with this letter.

Page 32

Rodney Dale, Chairman -2- June 6, 1988

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

Sincerely,

Eugene E. Counsil, Chief
Division of Waterways and
Storm Water Management
Bureau of Dams and Waterway Management

cc: Northwest Regional Office, Fish Commission
County Conservation District

- Page 33 -

4. CORPS PERMIT AMENDMENT

DEPARTMENT OF THE ARMY
BUFFALO DISTRICT. CORPS OF ENGINEERS
NIAGARA BTREET
SUFFAILT07.6NEW YORK 14207-3199

April 8, 1988
ATT914TION OF

Regulatory Branch

SUBJECT: Modification of Department ofthe Army Permit
No. 87-250-2

Girard Township
10140 West Ridge Road
Girard, Pennsylvania 16417

Gentlemen:

This pertains to a request dated February 11, 1988 from
David A. Johnson, Girard Township Engineer, to modify Department
of the Army Permit No. 87-250-2 for a boat ramp in Elk Creek,
Girard Township, Erie County, Pennsylvania. Mr. Johnson
indicated that rather than construct the ramp in-the-dry
behind a non-fill cofferdam as authorized, you propose to
construct the ramp by excavating landward of the shoreline and
leaving an earthen plug which will then be mechanically
excavated. A small quantity of material will be dredged with a
backhoe from the creekbed at the base of the ramp, and several
precast concrete sections placed along the shoreline to complete
the ramp. Mr. Johnson requested modification of Department of
the Army Permit No. 87-250-2 to accommodate this change in
construction methodology.

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. Additionally, there would be no
significant adverse effects on the aquatic ecosystem from the
proposed modification. Therefore, Department of the Army Permit
No. 87-250-2 is hereby modified as follows and in accordance
with the attached seven sheets of drawings which replace the
eigbt sheets accompanying the original Department of the Army
authorization,

Special Condition (8) of this authoriiation is hereby
modified:

(8) That the dredged material shall be disposed of at an
upland site well removed from Elk Creek (Lake Erie) or other
waters of the United States including wetlands and shall be
adequately contained to preclude reentry into these waters*

Page 34

-2-
Regulatory Branch
SUBJECT: Modification of Department of the Army Permit
No. 87-250-2

The following additional Special Condition is'hereby added
to the permit:

-That no fill material (earth, sand, gravel, etc.) shall be
added to the waterward'face of the earthen plug below Ordinary
High Water.

All other terms and conditions of this authorization remain
in full force and effect, with the exception of Special
Condition Nos. 6 and 7 which are no longer applicable.

As noted in my previous letter to you dated
September 3, 1987, the fills placed in conjunction with the boat
ramp facility construction, including atone riprap and
cast-in-place concrete, are authorized by the Federal Nationwide
Permits at Title 33 of the Code of Federal Regulations Parts
330.5 (a)(13) and 330.5(a)(25), respectively, provided the
conditions at Title 33 of the Code of Federal Regulations Part
330.5(b) are satisfied.

Questions pertaining to this matter should be directed to
Ms. Kathryn Jahn, who may be contacted by calling 716-876-5454,
extension 2319, or by writing to the above address.

The Buffalo District -- Leadership in Engineering.

BY AUTHO RITY OF THE SECRETARY OF THE ARMY:

u c@_e @W. I @ri g @h
LTC, U.S. Army
Acting District Commander

Enclosure

Page 35

8. AS-BUILT DRAWINGS

(PLEASE SEE ATTACHMENT A)

Page 36

3 6668 14101 1249