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Minnesota Pollution Control Agency <br /> 520 Lafayette Road North l St.Paul,Minnesota 55155-4194 l 651-296-6300 <br /> 800-657-3864 l Use your preferred relay service l info.pca@state.mn.us I Equal Opportunity Employer <br /> March 29,2017 <br /> Mr. Chad Konickson <br /> U.S. Army Corps of Engineers <br /> Regulatory Branch Chief,St. Paul District <br /> 180 Fifth Street East, Suite 700 <br /> St. Paul MN 55101-1678 <br /> RE: Nationwide Permits—Clean Water Act Section 401 Water Quality Certification <br /> Dear Mr. Konickson: <br /> This letter is submitted by the Minnesota Pollution Control Agency(MPCA) under authority of Section <br /> 401 of the Clean Water Act(CWA) (33 U.S.C. § 1251 et seq.), Minn.Stat.chs. 115 and 116 and Minn. R. <br /> 7001.1400-7001.1470, 7050,7052, and 7053.The MPCA examined the information furnished by the <br /> U.S.Army Corps of Engineers (USACE), including the final Nationwide Permits (NWPs) issued by USACE <br /> Headquarters on January 6, 2017, and regional conditions proposed by USACE St. Paul District October <br /> 14,2016, and is requiring conditions through the 401 Water Quality Certification. <br /> The MPCA certifies the referenced general NWPs because there is reasonable expectation that the <br /> activities identified within them will be conducted in a manner that will not violate applicable water <br /> quality standards provided the work is done in accordance with the following conditions,which shall <br /> become conditions of the NWPs: <br /> Conditions for All NWP Activities <br /> 1. The permittee must ensure that all waters of the United States in or bordering the construction <br /> areas that are not authorized to be impacted by the project are clearly identified prior to <br /> construction.This may be done through demarcation of the construction area on plan sheets or <br /> through marking boundaries in the field,for example construction staking,flagging, or the use of <br /> silt fences along boundaries.The permittee must not impact these areas while conducting <br /> activities under this permit. <br /> 2. Compensatory mitigation as required by NWP,General Condition 23, will satisfy the MPCA rules <br /> governing wetlands, Minn. R. 7050.0186. <br /> 3. The permittee must install in-water best management practices(BMPs)to minimize total <br /> suspended solids (TSS)and sedimentation for any work conducted below the ordinary high water <br /> level (OHWL) as defined in Minn. Stat. § 103G.005, subd. 14, of any water of the United States. <br /> The permittee must document the in-water BMPs to be used during the authorized work prior to <br /> disturbing any land at the site;this documentation may be stand-alone or part of an Erosion <br /> Control Plan,Construction Plan, or other relevant construction document.This documentation is <br /> not required to be submitted to the MPCA, but must be kept on-site during active construction <br /> by the permittee or the permittee's contractor until the project is complete. Proper installation <br /> of BMPs is required before conducting the authorized in-water activities and properly maintained <br />