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During the construction phase of the Project, there is the potential for temporary impacts to <br />wetlands as a result of ground disturbance related to grading, construction traffic, substation <br />construction, and placement of the transmission line structures. Although minimal grading of areas <br />around pole locations is expected, the substation site will be graded. Potential impacts to wetlands <br />will be limited to the area where the structures and line will be constructed and operated (Xcel <br />Energy, 2011a). Based on a review of NWI data, approximately 1.0 and 3.3acres of wetlands are <br />located within the 75 -foot -wide anticipated rights -of way of the Baker Park Reserve Route <br />Alternative and the Xcel Energy Proposed Routes respectively (Xcel Energy, personal <br />communication, November 21, 2011). <br />Permanent impacts to wetlands would occur where structures must be located within wetland <br />boundaries. Xcel Energy has designed the replacement substation to avoid direct impacts to <br />wetlands. Depending on the delineated location of wetlands and the final location of the ROW, up <br />to five structures could potentially be placed in wetlands for both routes (Figure B-2). Each <br />structure would result in approximately 50 square feet of permanent wetland impacts per structure <br />or up to 250 square feet total (0.006 acres). <br />The Project may require wetland and water resource approvals from the U.S. Army Corps of <br />Engineers (USACE), MnDNR, Hennepin County and the Minnehaha Creek Watershed District. <br />Wetlands crossed by the Project may be jurisdictional to the USACE under Section 404 of the Clean <br />Water Act. Once a route is finalized and permitting requirement are determined, Xcel Energy will <br />submit the Minnesota Local/State/Federal Application Form for Water/Wetland Projects to the <br />USACE's St. Paul District, MnDNR and, if needed, the Hennepin County Soil and Water <br />Conservation District. Xcel Energy has stated that they anticipate that authorization for the Project <br />from MnDNR would come, if granted, under the USACE's General Permit/Letter of Permission <br />permitting program (Xcel Energy, 2011a). As part of the permitting process, Xcel Energy will be <br />required to submit sufficient materials for the USACE to make its jurisdictional determination for <br />impacted wetlands. The joint application will also be subject to MnDNR, Hennepin County Soil <br />and Water Conservation District, and Minnehaha Creek Watershed District review and regulation <br />under the Minnesota Wetland Conservation Act. A license from the MnDNR is required to cross <br />public water wetlands. <br />Under the Clean Water Act, Section 401 water quality certification is required for activities that may <br />result in a discharge to waters of the United State. MPCA administers Section 401 water quality <br />certification on non -tribal lands in Minnesota. If the USACE authorizes the Project under its <br />General Permit/Letter of Permission permitting program, the MPCA waives its Section 401 Water <br />Quality Certification authority (Xcel Energy, 2011a). <br />The Project is located within the 100 year floodplains of Lake Katrina and Painter Creek mapped <br />by the Federal Emergency Management Agency (FEMA, 2011). Although the Project would install <br />several transmission structures in a 100 year floodplain, the function of the floodplain would not be <br />affected. <br />Mitigation Measures <br />The Project will require a MnDNR License for Utility to Cross Protected Waters from the MnDNR <br />Division of Waters because the Project passes over and across wetlands designated as state public <br />waters (unnamed 27-916 W and 27-917 W). The MnDNR license to cross Protected Waters would <br />outline mitigation measures. <br />Environmental Assessment <br />PUC Docket E002/TL-11-223 Page 48 <br />