The Princeton Dam Boards

This is the new MOUA agreement between the LPPRD and the WDNR

This agreement runs to December 31 2015

 

MEMORANDUM OF UNDERSTANDING and AGREEMENT BETWEEN LAKE PUCKAWAY PROTECTION AND REHABILITATION DISTRICT and THE STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES

I. Introduction

WHEREAS the purpose of this Memorandum of Understanding and Agreement, (MOUA) is to set forth the agreements and understandings which have been reached between Lake Puckaway Protection and Rehabilitation District, (LPPRD) and the State of Wisconsin Department of Natural Resources (DNR) regarding the placement, removal, and repair of the pins and flashboards on the Princeton Dam, Green Lake County, Wisconsin.

　

WHEREAS the DNR and LPPRD are interested in preserving and improving the ecology of Lake Puckaway in a manner that balances the recreational desires of humans with the ecological needs of the lake.

　

NOW THEREFORE the DNR and LPPRD agree to enter into a Memorandum of Understanding and Agreement (MOUA) regarding the placement, removal, and repair of the water control flashboards on the Princeton Dam according to the following understandings and agreements:

　 　

II. Description of the Property

　

T16N, R11E, Town of Princeton, Green Lake County, Wisconsin.

　

Section 35: The Princeton Dam and Lock Gates as located in the SW1/4 NE1/4 and the SE1/4 NW1/4, including access to the Princeton Dam crest and Lock Channel gates.

　

III. Consideration

　

The DNR will authorize the LPPRD to conduct necessary placement, removal, and repair of the pins and flashboards on the dam in accordance with the terms of the MOUA for no financial remuneration.

　

　 IV.　　　　　Obligations of the DNR

1. The DNR will continue general property maintenance, management and operation obligations relating to the above-described Princeton Dam and Lock, except those outlined in paragraph 'V' below.

2. The DNR will have sole discretion as to the extent of any such maintenance and associated costs.

3. The DNR will issue any necessary permits to the LPPRD for said placement, removal, or repair of the pins and flashboards on the dam if applicable under Wis. Statute Ch. 31 or laws at the signing of the MOUA.

4. Methodology and funding will be agreed upon by the DNR and the LPPRD prior to EPS implementation.

V. Obligations of the District

　

1.　　　LPPRD will contract with a properly bonded and insured contractor for the flashboards to be placed on the dam and taken off the dam, and to make and repair to the pin and flashboard system.

　

2.　　　No more than three (3) rows of nominal dimensional 2x6 inch lumber planks will be placed on the crest of the dam. Boards will be placed no earlier than May 15 of each year and removed from the dam no later than October 31of each year. Changes to the board on and board off dates requires mutual agreement by DNR and LPPRD.

　

3.　　　The LPPRD has the authority to have a contractor conduct repair and maintenance of the pin and flashboards throughout the year.

　

4.　　　Costs associated with contracting for services and purchase of the pins and flashboards will be the responsibility of the LPPRD.

　

5.　　　The LPPRD or its designee has the authority to conduct operation of the lock gates to facilitate placement, removal, and repair of the flashboards and pins.

　

6. If a mutually agreeable water level management plan is adopted as part of the Lake Puckaway Management Plan during the time specified in the MOUA, flashboard placement or operation of any other water control device shall thereafter be in accordance with the plan.

　

7.　　　The LPPRD will be responsible for addressing public relations activities associated with placement, removal, or repair of pins and flashboards on the dam including news papers, news letters, kiosk postings, web site, and telephone contact information.

　

8. LPPRD will make a reasonable effort to schedule flashboard manipulation in a manner that allows for advanced notification of manipulation. LPPRD will notify the DNR and the mayor of Berlin of flashboard placement, removal, or repair in advance of said event, or if unavoidable, as soon as possible after the event.

　

　

VI. Emergent Plant Stabilization Plan Implementation

1. During years of Emergent Plant Stabilization (EPS) the boards will go on no later than June 22 (Maximum of 5-week delay from original date). This would be a joint decision between the LPPRD and the DNR.

2. Adjusted water levels for the EPS will be accomplished by leaving the boards off the dam. Lock channel gates will not be opened to accomplish the EPS.

3. The DNR will establish a verifiable method of calculating the success of each EPS growing season through the establishment of designated index sites defined by GPS coordinates. Plant density and diversity will be measured using standard point intercept protocols and digital photography.

4. In joint agreement between the DNR and the LPPRD a systematic process will be developed to distinguish between high and low water years and when implementation of EPS is appropriate.

5. The DNR will commit to combine EPS years with plantings of both emergent and submergent vegetation. Funding for such project will be the responsibility of the LPPRD through local dollar or Grants. The DNR will also assist with any dredging permits at public access sites.

6. A joint decision between the DNR and the LPPRD of when the boards are to be in place during EPS years, will be made no later than May 25 (this would be the latest “call date”).

7. Methodology and funding will be agreed upon by the DNR and the LPPRD prior to EPS implementation.

VII. General

　

1.　　　This MOUA shall become effective upon the signatures by both the DNR and the LPPRD, and expires on December 31, 2015. This agreement may be extended through mutual agreement of the DNR and LPPRD.

　

2.　　　This Memorandum of Understanding and Agreement is subject to all applicable laws and regulations.

　

3.　　This Memorandum of Understanding and Agreement may be revised by mutual written agreement of the DNR and the LPPRD.

4.　　The MOUA shall not be construed as creating a public debt on the part of the DNR in contravention of Article VIII, Wisconsin Constitution and all payments or obligations hereunder are subject to the availability of future appropriations.

　

5. The LPPRD specifically reserves and maintains all the rights to assert any and all affirmative defense afforded a public entity under Wis. Statute 893.80 or other Wis. Statutes available for defense.

　

VIII. Termination

　

1. LPPRD. The LPPRD may terminate their Memorandum of Agreement with the DNR by providing thirty (30) days written notice of said termination.

　

2.　　　DNR. The DNR may terminate this Memorandum of Agreement with the LPPRD in the event that:

A.　　　　The LPPRD breaches any term or condition in the Memorandum of Agreement, and said breach remains for a period longer than 15 days from receipt of the DNR's written notification of said breach by the LPPRD, unless other arrangements are made between DNR and LPPRD.

　

IN WITNESS WHEREOF, DNR and the LPPRD have caused this memorandum to be executed in their respective names by their respective duly authorized representatives.

　

STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES

　

By ______________________________________

　

Ronald W. Kazmierczak Dated ____________________

　

　

Lake Puckaway Protection and Rehabilitation District

　

By _____________________________________

　

Phil Malsack

District Chair Dated _______________________