02-18-2020 Planning Commission Packet

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Project Name and/or Number: Attachment B Supporting Information for Applications Involving Exemptions, No Loss Determinations, and Activities Not Requiring Mitigation Complete this part if you maintain that the identified aquatic resource impacts in Part Four do not require wetland replacement/compensatory mitigation OR if you are seeking verification that the proposed water resource impacts are either exempt from replacement or are not under CWA/WCA jurisdiction. Identify the specific exemption or no-loss provision for which you believe your project or site qualifies: 8420.0410 No-loss and Exemption Conditions 8420.0420 Exemptions Subp.9 Wildlife Habitat Provide a detailed explanation of how your project or site qualifies for the above.Be specific and provide and refer to attachments and exhibits that support your contention.Applicants should refer to rules(e.g.WCA rules),guidance documents(e.g. BWSR guidance,Corps guidance letters/public notices),and permit conditions(e.g.Corps General Permit conditions)to determine the necessary information to support the application.Applicants are strongly encouraged to contact the WCA LGU and Corps Project Manager prior to submitting an application if they are unsure of what type of information to provide: A person conducting an activity in a wetland under no-loss in part 8420.0415 or an exemption in part 8420.0420 must ensure that: A. Appropriate erosion control measures are taken to prevent sedimentation of the wetland or of any receiving waters; a. We will ensure the erosion is monitored weekly. B. The activity does not block fish activity in a watercourse,except when done purposely to prevent movement of undesirable fish species in accordance with a recommendation from the commissioner;and a. By making the area bigger we won't be blocking any fish activity. C. The activity is conducted in compliance with all other applicable federal,state, and local requirements, including best management practices according to the documents referenced in part 8420.0112,items L,M, and N,and water resource protection requirements established under Minnesota Statues,chapter 103H. a. We will be following the compliances of federal,state,and local requirements. Subp.9.Wildlife habitat.A replacement plan is not required for: A. excavation or the associated deposition of spoil within a wetland for the primary purpose of wildlife habitat improvement,if: a. the total area of deposition,and excavation if within the permanently or semipermanently flooded areas of type 3,4,or 5 wetland,does not exceed five percent of the wetland area or one-half acre, whichever is less,and the spoil is stabilized to prevent erosion and native,noninvasive vegetation is established; i. We've calculated the right amount of area to ensure that we do not exceed the five percent of the wetland.It will be 7850 sqft,and roughly 6.6 feet deep in a 5.11-acre wetland.The spoil will be stabilized on the southeast and the southwest corners of the wetland,and we will be planting natural vegetation at the end of the project. b. the project does not have an adverse effect on any species designated as endangered or threatened under state or federal law;and i. The area of work is slight enough that the majority will not be affected by the excavation.Along with that,there are other wetlands within one-half mile of the wetland we want to do the work in. c. the project will provide wildlife habitat improvement as certified by the soil and water conservation district or technical evaluation panel using Wildlife Habitat Improvements in Wetlands:Guidance for Soil and Water Conservation Districts and Local Government Units in Certifying and Approving Wetland Minnesota Interagency Water Resource Application Form February 2014 Page 7 of 13