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According to the Clean Water Act, Section 401 water quality certification is required for activities <br />that may result in a discharge to waters of the United States. On non -tribal lands in Minnesota, such <br />as the Orono Substation site and Proposed Route, the MPCA administers Section 401 water quality <br />certification. If the USACE authorizes the Project under its GP/LOP permitting program as <br />expected, the MPCA waives its Section 401 Water Quality Certification authority. <br />Although the Orono Substation, and to a lesser degree the surrounding residential lots, have a <br />greater elevation than the wetland areas, the entire Project is located within the 100 -year floodplain <br />(FEMA, 1994) and is designated as Zone A. The 100 -year floodplain maps indicate areas with a one <br />percent chance of being inundated by water in any given year. The Zone A designation for this area <br />means that no flood base elevations have been designated. The crossing of the 100 -year floodplain <br />occurs in upland areas as well as wetland areas. Although the Orono Substation and first 410 feet of <br />proposed transmission line leaving the substation site is located within the 100 -year floodplain, the <br />elevation (983) of this area is much greater than the surrounding wetlands areas (964). <br />Mitigative Measures <br />Xcel Energy will obtain a MnDNR License for Utility to Cross Protected Waters from the MnDNR <br />Division of Waters because the proposed transmission line passes over, and across wetlands <br />designated as state public waters (unnamed 27-916 W and 27-917 W), under Minn. Stat. 5 84.415. <br />This license will include specific requirements for the PWI crossing. In addition to implementation <br />of storm water BMPs and the Stormwater Pollution Prevention Plan ("SWPPP'� during construction, <br />Xcel Energy will implement the requirements of the MnDNR license to cross the PWIs. <br />In addition to the wetland delineation that was conducted at the existing Orono Substation site, Xcel <br />Energy will conduct wetland delineation of the Proposed Route for the new transmission line. <br />During construction, the most effective way to minimize impacts on wetland areas will be to span <br />wetlands to the extent possible. In addition, crossing wetlands with equipment will be avoided <br />except where necessary. Where wetlands must be crossed to pull in the new conductors and shield <br />wires, workers may be required to walk or drive equipment across ice in the winter. These <br />construction practices will help prevent soil erosion and ensure that construction vehicles and <br />equipment fueling and lubricating will occur at a distance from wetlands. Xcel Energy will follow <br />standard erosion control measures identified in the MPCA Stormwater BMP Manual, such as using <br />silt fencing to minimize impacts on adjacent water resources. <br />Impacts on wetlands will be minimized through appropriate construction practices. Construction <br />crews will maintain sound water and soil conservation practices during construction and operation <br />of the facilities to protect topsoil and adjacent water resources and minimize soil erosion. Practices <br />may include containing excavated material, protecting exposed soil, and stabilizing restored soil. <br />Crews will avoid major disturbance of individual wetlands and drainage systems during construction. <br />This will be accomplished by strategically locating new access roads and spanning wetlands and <br />drainage systems where possible. <br />The Project design will incorporate spacing of structures to span wetlands and streams to the extent <br />possible. However, it is possible that some transmission structures could be placed within wetlands; <br />any necessary permits will be obtained after final design is completed and prior to starting construction. <br />When it is not feasible to span the wetland, construction crews will use several methods to minimize <br />impacts: <br />Orono Project June 7, 2011 <br />MPUC Docket No. E002/TL-11-223 57 <br />