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DEPARTMENT OF THE ARMYsr pAui. DisrmcT. COMPSo<= eNGiNee«5 <br />•4JI u 3 POST 0>=PiCE » CUSTOM h OUSC <br />sr PAUL. MINNESOTA SS10I-I4/9 <br />July 23. L990 <br />•€*L» TO <br />ArrcNriON or <br />Conscruccion-Operacions <br />Regulacory (90-2549N-92/90-2550N-92) <br />ClT^ C' OK' <br />jugE50\yiJLil <br />JUL 2 6 <br />SUBJECT; The Marsh ac Lafayecce, Residencial DevelopmenC, Sec. 20, T. 117 N. , <br />R. 23 W. , CiCies- of Orono and Minnetonka Beach, Hennepin County, Minnesota <br />Bill Rudnicki <br />William R. Engelhardt Associates. Inc. <br />1107 Hazeltine Boulevard, Suite 480 <br />Chaska, .Minnesota 55318 <br />We have reviewed the information provided us about your project. The work <br />is authorized by a nationwide Department of the Army permit, provided the <br />enclosed conditions and management practices are followed, and provided that you <br />incorporate the changes discussed in your telephone conversations with Joe Yanta <br />of our staff. These changes are summarized below. The enclosed map provided <br />some approximate wetland locations, although the flags placed in the field should <br />be considered a more definite wetland delineation than the approximate lines on <br />the map. <br />a. Omit the wetland fill in Block 2, Lot 1. 'Larry Smith of the U.S. Fish <br />and Wildlife Service (FWS) and Joe Yanta met Dennis Sandin of Landstar at the <br />site. Mr. Yanta marked the wetland line in this lot (approximately at elevation <br />931.5-932). Any wetland fill in this lot would require an individual permit. <br />As Mr. Yanta explained to both you and Mr. Sandin, this proposed fill would be <br />difficult to justify under the Clean Water Act Section 404(b)(1) Guidelines <br />because you already have a developable lot. The resource agencies that review <br />individual permits have often opposed such fills. The FWS has already informally <br />indicated that it would object to this part of the project. <br />b. Avoid wetland fill in Block 1, Lot 1, below the wetland line marked <br />by Mr. Yanta. This line appears to be generally somewhat above the 932 elevation <br />(see map), as shown on the. enclosed map. Some of the wetland line may lie <br />slightly below 932 because portions of this lot have been filled with <br />miscellaneous material and have been effectively converted to non-wetland areas <br />under Federal criteria. If you are planning any fill that might fall below 932 <br />inside the area marked as upland, however, you should check with the Minnesota <br />Department of Natural Resources (MDNR) to ensure that you do not place any fill <br />below the ordinary high water mark of State-protected Wetland 27-912W. Previous <br />correspondence from the MDNR indicated that they had not established an ordinary <br />high water elevation for this wetland but that you were not planning to place <br />any fill below 932 along it. A very short segment of fill for the driveway <br />appears to lie below elevation 932, but this fill would be authorized by a <br />nationwide Department of the Army permit, as long as it contains a culvert to <br />maintain existing drainage. You should contact the MDNR directly to determine <br />whether this driveway/ditch crossing requires a State permit.