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Eric Larson <br /> July 7,2016 <br /> Page 7 <br /> Wetland Jurisdiction <br /> Clean Water Act, Section 404 <br /> The U.S.Army Corps of Engineers(COE)regulates dredge and fill activities in navigable waters,wetlands <br /> adjacent,tributary,or with significant nexus to navigable waters and isolated wetlands important to interstate <br /> commerce. Based on the USGS topography map and observations made during the site visit,Wetland 1 and 2 <br /> appear to be connected to waters of the U.S. Sambatek recommends that a copy of this report be submitted to <br /> the COE for an official COE jurisdiction determination. <br /> In most cases, if the proposed impacts are less than 400 square feet,the COE does not require notification of the <br /> project. If the proposed impacts are between 400 square feet and 2.0 acres,the COE requires notification and <br /> approval(letter of permission)prior to beginning the project. If the wetland impacts occur in or adjacent to <br /> "special waters"and/or exceed 10,000 square feet,the COE review will include a 30-day public/interagency <br /> notice. If the proposed impacts exceed the WCA de minimislimits,the COE will require mitigation for the full <br /> amount of the impacts regardless of the WCA exemption. If more than three acres of wetland impacts are <br /> proposed,an individual permit will automatically be required which includes sequencing (proving there are no <br /> alternatives), review by other environmental agencies,a public comment period,and compensatory mitigation. <br /> Minnesota Protected Waters Act <br /> The Minnesota Department of Natural Resources(DNR)has jurisdiction over waters of the state that are <br /> generally wetland Types 3,4,and 5,and are larger than 2.5 acres in incorporated areas or 10 acres in <br /> unincorporated areas.The DNR also regulates activities in some rivers and streams and any tributaries to DNR <br /> designated trout streams.The DNR has jurisdiction over areas below the Ordinary High Water level(OHW).The <br /> OHW for a lake or wetland is determined by the DNR as the elevation at which the vegetation changes from <br /> aquatic to terrestrial.For a watercourse,the OHW is the average elevation of the top of the channel banks at any <br /> given location. <br /> The DNR Public Waters map for Hennepin County identifies Long Lake,along the east boundary of the property, <br /> as a DNR Public Water.The DNR has established an OHW of 944.3 feet for Long Lake.The DNR regulates most <br /> activities below the OHW and can authorize some activities such as stormwater outfall and sand blankets, but <br /> the DNR should be contacted regarding the limits of such projects. <br /> The DNR contact for this project is Leslie Parris(651)259-5738. <br /> Minnesota Wetland Conservation Act(WCA) <br /> A Local Government Unit(LGU)will have jurisdiction over the wetland on the site, based on the WCA as <br /> amended through 2013.The LGU for this site is the Minnehaha Creek Watershed District(Katherine Sylvia, (952) <br /> 473-2855). <br /> :Is Is <br /> 1 I1 - <br />