l .A. l (MWR-LCPP/PC)
July 5, 2016

JUL

(b) (6)
U.S. Army Corps of Engineers
Louisville District
Indianapolis Regulatory Office
8902 Otis A venue, Suite S 106B
Indianapolis, Indiana 46216
Dear (b) (6)

RECEIVED
DATE
1

12016

Indianapolis Regulatory Office

,

The National Park Service (NPS) has reviewed the application for a Depmiment of the Army permit,
under Section 404 of the Clean Water Act, for the Vermilion Power Station Bank Stabilization Project
(Project), Location #2, Vermilion County, Illinois. The project sits on the right descending bank of the
Middle Fork Vermilion National Scenic River (River). The River is a state-administered component of
the National Wild and Scenic River System (System). It was added to the System in recognition of its
outstanding scenic, recreational, ecologic, geologic, and historic river values.
The streambank stabilization work associated with the Project meets the criteria of a federally-assisted
water resources project and is subject to the requirements of the attached determination under Section 7(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.)(Act). The NPS has determined the Project
will not have a direct and adverse effect on the free-flowing condition, water quality, and outstandingly
remarkable values for which the River was designated, provided that the required conditions of this
determination are met.
The NPS is providing this final determination at the request of the U.S. Army Corps of Engineers, the
federal assistance agency, on behalf of the Secretary of the Interior (Secretmy) as required by the Act.
The NPS has a continuing interest in ensuring that impacts to the River and its values are minimized or
avoided.
The NPS has continued to express concern about other aspects of this location, the location of the fly ash
disposal ponds, as well as the potential for detrimental effects to the water quality of the River in the
event of pond discharges. The River would benefit greatly from the removal of the ash ponds, the
associated embankments, the streamside pump house, and all non-operational infrastructure that remains
within the river corridor, and again urge you to address these issues.
Sincerely,

c

_,,//4--

Cameron H. Sholly
Regional Director

 cc:
Mr. Kraig McPeek
Field Supervisor
U.S. Fish and Wildlife Service
Ecological Services Field Office
1511 47th Avenue
Moline, Illinois 61265
Mr. Louis G. Yockey
Region 3 Landscape Architect
Greenways and Trails Planner
One Natural Resources Way
Springfield, Illinois 62702-1271
Mr. Rick Diericx
Dynegy Operating Company
1500 Eastport Plaza Drive
Collinsville, Illinois 62234-6135

 FINAL SECTION 7(a) EVALUATION AND DETERMINATION
Vermilion Power Station Bank Stabilization Project- Location 2
Middle Fork Vermilion National Scenic River
Vermilion County, Illinois
Prepared by the National Park Service
June 2016
INTRODUCTION:

The Middle Fork Vermilion National Scenic River (River) is a State-administered component of the
National Wild and Scenic Rivers System (System) as designated under Section 2(a)(ii) of the Wild and
Scenic Rivers Act (Act) (Public Law 90-542) on May 11, 1989. The River is to be administered and
managed to protect and enhance the river's free-flowing condition, water quality, and outstanding
remarkable values (ORV). The River's ORV include scenic, geologic, fish and wildlife, ecologic,
recreational, and historic resources.
Section lO(a) of the Act is considered the anti-degradation policy of the Act and states:
,-

Each component of the national wild and scenic rivers system shall be
administered in such manner as to protect and enhance the values ·which
caused it to be included in said system without, insofar as is consistent
therewith, limiting other uses that do not substantially interfere with public
use and enjoyment of these values.
As a State-administered river with no adjacent Federal ownership, the State of Illinois is charged with the
day-to-day management of the River. The National Park Service (NPS), on behalf of the Secretary is
responsible for making evaluations and determinations of effect in accordance with Section 7(a) of the
Act. A Section 7(a) evaluation and determination is prepared to assess whether a proposed water resource
project within a designated river segment or a tributary located within the established boundary of a river
would have a direct and adverse effect on the values for which a river was designated.
Section 7(a) of the Act states the following:

... no department or agency of the United States shall assist by loan, grant,
license, or otherwise in the construction of any ·water resources project that
would have a direct and adverse effect on the values for which such river was established, as
determined by the Secretmy charged with its administration.
Water resources projects include, but are not limited to, dams; water diversion projects; fisheries habitat
and watershed restoration/enhancement projects; bridge construction or demolition; bank stabilization
projects; boat ramps; and other activities that require a Section 404 or Section 10 Permit from the U.S.
Army Corps of Engineers (USACE). The Act prohibits Federal assistance to water resource projects the
NPS has determined will have a direct and adverse effect on the values for which the River was
established, and, the NPS cannot consent to projects with impacts to River values that cannot be avoided
or eliminated in order to ensure the River's condition at the time of designation will remain improved or
not degraded.

 The River is classified as "Scenic" at the project location. Section 2(b) of the Act defines Scenic River
Areas as follows:
Those rivers or sections ofriver that are free of impoundments, with
shorelines or ·watersheds still largely primitive and shorelines undeveloped,
but accessible by roads.
Classification establishes a baseline condition and reflects the level of development existing at the time of
designation. Classification does not imply that additional development that degrades the original
condition of the River is permitted in the future (Federal Register, 1982) nor does it imply management
intent. All rivers must be managed to protect and enhance the values that caused them to be eligible for
inclusion in the System, regardless of their classification. All rivers are afforded equal protection under
the Act.
Federally-assisted water resources projects that are determined to have a direct and adverse effect on the
values for which rivers were added to the System are prohibited, unless these impacts can be avoided or
eliminated. The maintenance of structures associated with preexisting instream conditions (i.e., water
intakes, outfalls, and bank treatments) is allowed when necessary and appropriate, for the purposes of
protecting existing public infrastructure or protecting the river from existing threats to river values. Eve1y
effort must be made by project proponents to conform to practices that will minimize impacts to tb_e river
and enhance river values to the greatest extent possible.
Seventeen and one tenth miles ( 17 .1) of the River were designated as a Federal Wild and Scenic River
under Section 2(a) (ii) of the Wild and Scenic Rivers Act (WSRA) in 1989. Of those 17.1 miles,
approximately 3.5 miles along the right descending bank are privately owned as part of the Vermilion
Power Plant Complex. Dynegy Operating Company owns the plant and operated the facility until it was
decommissioned in 2011.
As part of the power plant operations, three coal ash storage ponds were constructed within the active
floodplain of the River. Collectively, the ponds hold over 3 million cubic yards of coal ash and related biproducts of coal combustion. The newest "East Pond" is the reason for this determination as it is
impeding the lateral migration of the River and has the potential of mass discharge to the River without
intervention. The NPS has expressed concern about the cunent location of the fly ash disposal ponds,
within the active meander pattern of the River, as well as the potential detrimental effects of pond
discharges to the water quality value of the River. The location of the fly ash disposal ponds is not
consistent with the purpose of the River and the removal of the ash ponds as well as associated
embankments, streamside pump house, and non-operational infrastructure that remains within the river
corridor would protect and enhance the River and its values.
The NPS is also concerned that the River has migrated beyond a recommended safety threshold, less than
30 linear feet at its narrowest point, from the base of the embankment of the existing East Fly Ash
Disposal Pond (primary pond), exposing the River to the potential for embankment failure and the
discharge of the contents of the ponds into the River. In the absence of the immediate removal of the fly
ash ponds, the re-establishment of the bank and associated armoring is necessaiy as a temporary practice
for the protection of the River and its values, until such time the ponds are removed.

 LOCATION:
The project is located on the right descending bank of the River at "Location #2" in the vicinity of the
eastern embankment of the primary pond), on the property of the Vermilion Power Station, 10188 E.
2150N, Oakwood, Illinois 61858, near Latitude 40°10'44.36" N and Longitude 87°44'09.05" W.
TIMING/DURATION:
October 2016 to November 2016
PURPOSE:
The purpose of the project is to re-establish a severely eroded bank and prevent the migration of the River
into the embankment of the east ash primary disposal pond that currently exists within the floodplain of
the River.
NEED:
The proposed project is necessary, in the absence of pond/ash removal and reclamation of the area, to
protect the River and its values and to reduce the potential of embankment failure and possible discharge
of the contents of the primary pond into the River.
PROJECT DESCRIPTION:
The Project as proposed will re-establish approximately 485 linear feet of eroded streambank along the
right descending bank of the River. A combination of rock channel protection, back-filled soil, dormant
willow stakes, and other native vegetation will be used to re-construct a fortified bank with a substantial
vegetated component.
The proposed design will use sandbar willow incorporated into the stone toe beginning 2 feet below the
ordinary high water mark. The native plant material will be planted throughout the bank fill in order to
provide additional bank stability, a lowered rock profile, and ecological benefits. Some rock channel
protection (RCP) or riprap will be visible
SECTION 7(a) EVALUATION:
The project includes construction activities within the waterway of the River and meets the criteria of a
water resources project. The project is subject to a determination under the "Direct and Adverse Effect"
evaluation standard of Section 7(a) of the Act.
This section analyzes the effects the proposed action would have on the River's water quality, freeflowing condition, and ORV s. Information to make this final determination is derived from the "Revised
Permit Application Form and Project Report," dated May 12, 2016. The Louisville District of the
USACE has provided the application packet containing this information and a request for a final
determination.
In a previous Section 7(a) Determination dated August 2010, the NPS determined that a similar proposed
project would have a direct and adverse effect on the free-flowing condition and scenic values for which
the River was designated. The NPS also recommended to the following actions:

 1. Establish a Safety Threshold: According to the geomorphological study (Study), the ash pond
is in no immediate danger from the River, but may be subject to fluvial processes in the future.
An appropriate safety threshold should be established in order to assess when corrective action
may be necessary to protect the River. Future corrective alternatives may include pond
relocation."
2. Establish a Streambank Monitoring Protocol: The existence of the ash pond within the
meander pattern of the River is a considerable threat to the River. The NPS concurs with
Recommendation 1 of the Study that suggests the project proponents actively monitor the
movement of the River in order to assess the ongoing status of the stream bank, its proximity to
set safety thresholds, and the threat of the pond to the River.
3.

Seek Alternative Ash Disposal Locations: At its current location, the primary fly ash disposal
pond presents a water quality hazard and a constraint to natural river processes. The NPS
recommends that the proponents consider the mutual benefits of pond relocation for facility
management and the River's values.

This determination assumes the existing fly ash ponds will remain in place for the foreseeable future. As
evident from field visits on October 10, 2014 and March 3, 2016, the River continues to erode the right
descending bank and has reached a minimum distance that requires bank stabilization, in the absence of
fly ash/pond removal and the restoration of the floodplain, to prevent the potential for the discharge of fly
ash to the River. This determination does not preclude any action to remove the existing ponds from the
floodplain and re-establish the natural function of the River.
Free-flowing Condition:
Section 16(b) of the Act defines the term "free-flowing" as "existing or flowing in natural condition
without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway," and
further stipulates that the existence of structures at the time of designation, " ... shall not be construed to
authorize, intend or encourage future construction of such structures with components of the national wild
and scenic river system."
The River currently drains approximately 426 square miles of watershed to the site as it flows through a
rural landscape. It is described as clean, winding with some pools and shoals as evaluated in the Study.
The streambed is incised into shale with little potential for channel degradation. The River has a highly
sinuous pattern within the project area and is currently within 30 feet of the base of the ash pond
embankment at its most narrow distance from riverbank. The right descending streambank is undercut
and experiencing severe erosion consistent with natural stream processes, accelerated by high flow events
and bedrock/shale substrates that have effectively facilitated rapid lateral movement and bank loss. The
River continues to erode the right descending bank and has reached a threshold that requires bank
stabilization in the absence of fly ash/pond removal and the restoration of the floodplain.
According to the Study in 2009, a 50-foot margin between the toe of the pond's embankment and the
riverbank existed at the time, with the potential for the River to capture a secondary "high flow" channel
before the safety threshold would be reached. Upon further observation, approximately 20 feet of the
bank line has been lost to erosion since the 2009 study and visual inspection of the high flow channel in
2016 found the channel to be virtually unchanged since 2009 with no evidence of increased flow or active
erosion. It does not appear the River is currently claiming the high flow channel or abandoning the main
channel near the East Ash Pond.

 As proposed, the project would maintain the geometry of the River, prior to the accelerated scour, and
incorporate significant vegetative components within the RCP. The project would result in the hardening
of the streambank effectively halting the lateral migration in a highly sinuous reach of the River. And
maintain the condition prior to designation - the existence of fly ash disposal ponds within the adjacent
floodplain and prevent possible mass discharges of fly ash to the River.
The NPS has determined the project as proposed will not have direct and adverse effect on the freeflowing condition for which the River was established.
Water Quality:
The protection of the water quality in designated rivers is explicitly directed as part of the Congressional
declaration of policy under Section l(b) of the Act. Additional management policies under Section 12(c)
of the Act reinforce the primary role of the Environmental Protection Agency (EPA) and appropriate
State water pollution control agencies in enforcing the Clean Water Act and related water quality
standards on the River. Wild and Scenic River-administering agencies work in cooperation with the EPA
and State agencies to address water quality issues that affect the River as directed by the Act.
According to the Middle Fork of the Vermilion Corridor Management Plan (CMP), the Illinois
Environmental Protection Agency has found the River to have "no known impairment" attributable to
non-point pollution. The water quality of the River is generally good to excellent, dissolved oxygen
levels are at acceptable levels, and the River supports a diverse assemblage of pollution-intolerant
macroinvertebrates, unionid mussels, and six species of darters. Notwithstanding the generally good
water quality within the River, storm water runoff contributes occasional phosphorus loads. The River
also receives organic waste pollution attributable to animal feed lots and domestic septic systems, and the
ash ponds along the River present an active threat of leaching to the River's water quality.
The location of the ponds is especially threatening to the water quality of this active River system. The
East ash pond is designed to contain fly ash, bottom ash, and boiler slag among other materials that are
potentially hazardous to water quality. The current materials identified in the Vermilion Power Station's
National Pollutant Discharge Elimination System permit include: fly ash and bottom ash transport water,
ash hopper overflow, demineralizer regenerant wastes, water treatment clarifier sludge, water filter
backwash waste, coal pile runoff, area runoff, non-chemical cleaning wastes, boiler room and dust
collector area floor drains, and pyrites from coal crushing.
Project activities would include the removal of riparian vegetation and disturbance of the banks in order
to install the project. The area would be restored and vegetation replaced to a condition consistent with
existing riparian vegetation. Some sediment loading associated with the project is expected during
construction. Any turbidity associated with project construction would be temporary.
The NPS has determined the project will not have a direct and adverse effect on the water quality of the
River.
Scenic Values:
The River derives its scenic quality from its inconspicuous roads, forested conditions, bluff lines, and
largely undeveloped shorelines. The landscape is mostly old agricultural fields, mixed hardwood forests,
and wetlands. Few buildings are visible from the river, except for the power plant smoke stack and the
pump house further downstream from the project site. Gab ion baskets, some of which are in disrepair and
undermined by the River, line the right descending bank, upstream of the project site, and vegetated pond

 embankment can be seen from the River. These structures and constructed landscape features occur and
are experienced in relative succession as one paddles the River along the power plant property.
The project site has a limited forested corridor, less than 30 feet at its narrowest point and the current
bank, though eroding, exhibits the natural tendencies of a migrating stream. Though many of the
structures, the gabions upstream from the project site, the pump house downstream from the project site,
and the ash ponds/embankment existed and have been visible since the time the River was established, the
existing wooded corridor has contributed to the scenic quality of the area. The relatively vegetated
condition of the pond embankment, along with the heavily wooded opposite bank, minimize the visual
contrast, but the embankment temains a dominant landscape feature.
In order to install the practice, the existing undercut bank would be replaced with a stone toe interplanted
with willow poles and other native vegetation. The upper bank and denuded corridor would be re-planted
with native vegetation, consistent with the existing river corridor. Although in time the bioengineered
design would likely establish sufficient vegetated growth to reduce the profile of the rock, it is unlikely
the RCP would be completely covered.
Considering the prevailing character of the area and limitations imposed by the pre-existing ash pond, the
project is necessary until such time the fly ash storage ponds are removed. A predetermined minimum
safety margin has been met and the pond presents a significant threat to the River and its scenic value.
Provided the conditions of this determination are fully implemented, the NPS has determined the project
will not have a direct and adverse effect on the scenic values of the river.
Recreational Values:
The River offers many quality river-related recreational opportunities. These include canoeing and
fishing among other corridor-based activities like hiking and wildlife viewing. In the vicinity of the
project at Kickapoo State Park, fishing activity on the River is heavy. According to the CMP, this use is
attributable to the excellent smallmouth bass fishing in the area and the relatively high interest in angling
within the east-central region of the State of Illinois. Canoeing in the region is also high. The typical
canoeing season on the River is between March 15 and November 30 with an average of 230 canoeable
days. The State of Illinois's 2009 Statewide Comprehensive Outdoor Recreation Pfan identifies canoeing
as one of the state's top ten growing activities and water resources as a priority to conserve for quality
water-based recreational experiences.
The project as proposed will affect the aesthetic quality of the area during construction and will result in
an extended period of disturbance and recovery. Noise and visual intrusions in the form of a disturbed
landscape, machinery, and other construction activities do affect the recreational enjoyment of the River
by people in the vicinity of the project site. The project will not occur within the primary canoeing season
and will not impede passage.
Considering the recreational impacts of the project will be relatively minor and of a temporary, the NPS
has determined on behalf of the Secretary the project will not have a direct and adverse effect on the
recreational values of the River.
Geologic Values:
As with many Midwestern streams, the River has been shaped by glaciers, wind, and fluvial processes.
The Higginsville Geologic Area has been designated an area of geological significance and a state natural

 area. The large bluff exposure is representative of local geologic characteristics and remnants from the
Illinoisan and Wisconsinan formations.
Considering the project area does not exhibit any notable geologic phenomenon and is not proximate to
the Higgins Geologic Area, the NPS has determined the project will not have a direct and adverse effect
on the geological values of the River.
Fish and Wildlife Values:
The River's unique mussel resources (including listed and non-listed species) are specifically mentioned
in the CMP for the River and are protected by the Act. The CMP describes several aquatic organisms that
are listed as threatened, endangered, or otherwise dependent on the River. These species include the
bluebreast darter (Etheostoma camurum) (unique to the River and on the State endangered list), dusky
darter (Percina sciera), brindled madtom (Noturis miuris), river redhorse (Moxostoma carinatum), wavyrayed lampmussel (Lampsilisfasciola), round hickory nut (Obovaria subrotunda), purple lilliput
(Toxolasma lividus), rainbow (Villosa iris), little spectacle case (Villosa lienosa), fluted shell (Lasmigona
costata), and purple pimpleback (Quadrula refulgens). Additionally, the CMP states that game birds,
raptors, and songbirds are common; game mammals, small mammals, and furbearers are numerous; and
reptile and amphibian populations are diverse in the vicinity of the River. Aquatic life is also thriving
with uncommon fish and aquatic insect assemblages. The River corridor is known for its species
diversity where suitable habitat exists.
At the project site, the Illinois Depmiment of Natural Resources conducted a mussel survey to determine
the extent of the mussel population within 100-feet upstream of the site and 400-feet downstream of the
site as requested by the NPS. The actual survey extended 200-feet upstream of the site and 700-feet
downstream. Strong current and high turbidity were noted at the time of survey. No mussels, live or
dead, were collected in the construction area. The substrate in the survey reach consisted of scoured
bedrock representing unsuitable habitat for mussels. The only live mussel collected, a wavy-rayed
lampmussel (Lampsilisfasciola) in sandy habitat, upstream of the construction site on the left (opposite)
bank of the River.
The project will likely introduce temporary turbid conditions into the water, and create extensive noise
and disturbance within the project area. The removal of vegetation and disturbance associated with the
bank work would temporarily displace terrestrial wildlife, but would be unlikely to permanently disturb
sensitive aquatic organisms. Considering the current character and condition of the area, the NPS concurs
with the Illinois Department of Natural Resources assessment that adverse effects to protected resources
including those listed above are unlikely.
The NPS has determined the project will not have a direct and adverse effect on the fish and wildlife
values of the River.
Terrestrial Ecology Values:
The River valley is a forested intrusion into the prairie grasslands of central Illinois. Located between the
Grand Prairie and Wabash Border divisions in Illinois, the area exhibits a diversity of terrestrial habitats.
The River's corridor exhibits dry to mesic upland forest, floodplain forests, dry to mesic upland prairie,
mesic floodplain prairie, seep springs, and stream habitats. The dominant terrestrial habitat at the project
site is mixed riparian forest, fragmented by the existing service road, and influenced by the pond
embankment, the ash pond, and its contents. Extensive forest habitat exists on the opposite bank as part
of the Kickapoo State Park corridor.

 In order to install the practice, existing forest on the project site will need to be removed, in addition to
many trees that have been lost as the bank has rapidly eroded. This action would have a temporary
adverse effect on the forest habitat that currently exists on the site, but with time the site would recover
some of the forest habitat as the site revegetates. Although the removal of the trees would displace
wildlife, the size of the impact relative to the availability of adjacent habitat in the area would be minor.
The NPS has determined the project will not have a direct and adverse effect on the terrestrial ecology
values of the River.
Historic Resources:
According to the CMP, the corridor of the River is rich in archeological sites. The Collins Archeological
Complex is included in the National Register of Historic Places. The site is described as a late woodland
ceremonial center dated 900-1100 A.D. It is an important cultural resource with significant prehistoric
value.
The project will occur in a previously disturbed area currently subject to fluvial processes. Impacts to
cultural resources are not expected during the project, but may be possible. The project will not have a
direct and adverse effect on the historic values of the River, however, should cultural resources be
encountered during construction, the Illinois State Historic Preservation Office must be contacted.
FINAL SECTION 7(a) DETERMINATION:
Pursuant to Section 7(a) of the Act, the NPS has determined on behalf of the Secretary this project will
not have a direct and adverse effect on the River's free-flowing condition and the values for which the
River was designated, provided that the following conditions are met.
1. All conditions are required.
2.

Safety Threshold: .The River is currently located within 30 feet of the base of the existing
East ash disposal pond at the corridor's most narrow point and is expected to continue to
migrate towards the pond. A minimum distance to prevent embankment failure and provide
adequate construction access for best management practice (bank stabilization) installation
has been reached.

3. All appropriate measures must be in place to minimize sedimentation and streambed impacts
prior to initiating in-stream/streambank work.
4. All in-stream/streambank work must be conducted between September 1 and November 30
unless otherwise approved upon request. Instream work shall not occur during high flow
events.
5. The installation of dormant vegetated stock (willows and similar native shrubs and trees) may
occur as necessary to facilitate a successful establishment of a wooded corridor.
6. Rock weirs, stream barbs, jetties, gabion walls, gabion mattresses, or other similar diversion
structures shall not be constructed; Constructed bank elements shall not extend beyond the
established bank line, except in the case of possible rootwad revetments, where the rootwad
itself may protrude slightly.

 7. If mussels are encountered during construction, work must stop and the Illinois Depaiiment
of Natural Resources (IDNR) staff shall be immediately contacted and arrangements made to
properly relocate all affected mussels to suitable habitat sites within the River.
8. Litter and construction debris shall be contained daily. All construction debris, including the
old road base, and litter must be completely removed offsite and disposed of properly upon
'
project completion.
9. A sediment erosion control plan must be kept on site. Spoil piles must be covered or
otherwise managed to reduce sedimentation in accordance with the plan.
10. No wastewater, fuels, or other harmful fluids shall be discharged into the River.
11. Disturbed/exposed streambanks and staging and project access areas must be properly
stabilized (seeded, mulched, or otherwise) with native vegetation immediately after grading
to prevent erosion and establishment of invasive plant species.
12. Plant selection must reflect the natural mixture/diversity of the adjacent corridor and must
result in an assemblage of trees and understory with a naturalized appearance and multiple
age classes.
13. A ce1iified forester or arborist must oversee planting and transplant selection in order.to
optimize survivability.
14. Annual monitoring and stewardship shall occur and replanted stock showing signs of
mortality within the first 5 years must be promptly replaced by like species on a continuing
basis in order to maintain a maximum riparian buffer. Mowing in this zone is prohibited
unless temporarily necessary for practice establishment.
15. No structures including but not limited to bird blinds, benches, signs, dedicated trails shall be
erected or otherwise placed within the riparian forest buffer.
16. If previously unknown archeological materials are discovered during land clearing activities,
work must stop immediately. Consultation and coordination with the State Historic
Preservation Officer must occur before work resumes.
17. The NPS and IDNR State staff must be notified upon project initiation and completion. A
preconstruction meeting with equipment operators shall be held to discuss the above
recommendations.
18. The NPS will be promptly notified of accidents and/or failures of project features intended to
protect the free-flowing condition, water quality, or ORVs during construction activities.
19. A completion report must be provided to the NPS within 3 months of project completion, and
a follow-up report 1 year after the project is completed. Both reports should include photos
of the riparian corridor and practice condition throughout all stages of construction.
Continued communication is requested during the 5 year monitoring period.
20. Any changes to any elements of the project or the scheduling of in-stream work, as described
in the package submitted for evaluation and/or above, will require consultation with the NPS
and may require additional Section 7(a) review/approvals.

 Section lO(a) Consistency Statement:
The Wild and Scenic Rivers Act, seeks to preserve and protect the free-flowing condition, and preserve
the immediate environs of select rivers for the benefit and enjoyment of present and future generations.
Section 10(a) of the Act directs river administering agencies to "protect and enhance" the values for
which these rivers are designated. The "protect and enhance" language in Section 10 (a) is interpreted by
the Secretary's Guidelines as "a non-degradation and enhancement policy for all designated river areas,
regardless of classification." The project does not protect or enhance the River or its values to the
greatest extent possible and is not fully consistent with Section 10 (a) of the Act.
NPS recommends the following ameliorating measures consistent with the intent of Section lO(a) of the
Wild and Scenic Rivers Act:
1. Seek Alternative Ash Disposal Locations: At its current location, the primary fly ash disposal
pond is in direct conflict with the River and is encroaching upon the River. The pond
presents a water quality hazard and a constraint to the River's free flowing condition and
natural river processes. The NPS recommends that the proponents consider the mutual
benefits of pond relocation for facility management and the River's values.
2. Rock Channel Protection Removal: In the event the ash disposal site is restored to a natural
condition, remove rock channel protection at location #2 and re-establish a more natural bank
condition.
3. Removal of the Pump House at Location #3: The pump house is no longer functional and the
scenic ORV, among others would be enhanced by its removal. As part, the excess rock
channel protection that exists at this location should be removed and the bank should be
vegetated or naturalized. Location #3 may be a source of rock channel protection for the
location #2 project to minimize the cumulative effects of the bank projects.
4. Removal of the Plant Stack: The scenic ORV of the River would be enhanced by the removal
of the plant's smoke stack.
5. Comprehensive Planning: The NPS encourages continued coordination between stakeholders
and agencies regarding the long-term restoration potential at the Dynegy site and the need for
a comprehensive approach to riverbank management.
Should you have any questions or concerns about this detennination, please contact Regional Rivers
Coordinator Hector Santiago at (402) 661-1848 or hector_santiago@nps.gov.
APPROVED BY:

Regional Director, Midwest Region
National Park Service

Date