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DEPARTMENT OF THE ARMY <br />ST. PAUL DISTRICT, CORPS OF ENGINEERS <br />180 FIFTH STREET EAST, SUITE 700 <br />ST. PAUL, MN 55101-1678 <br />REPLY TO ATTENTION OF <br />REGULATORY BRANCH <br /> <br /> November 27, 2017 <br />Regulatory File No. 2017-03708-MMJ <br />Coldwell Banker Burnett <br />c/o Brian Benson <br />201 East Lake Street <br />Wayzata, MN 55391 <br />Dear Mr. Benson: <br />This letter is in response to your request for a Corps of Engineers (Corps) delineation <br />concurrence, and an approved jurisdictional determination for an approximately 12.72 acre <br />property located at 1400 Bracketts Point Road, in the City of Orono. The project site is in <br />Section 11, Township 117 North, Range 23 West, Hennepin County, Minnesota. <br />We have reviewed the 1400 Bracketts Point Road No Wetlands Determination Report, <br />completed by Kjolhaug Environmental received October 13, 2017, and determined that the limits <br />of aquatic resources on this parcel have been accurately identified in accordance with current <br />agency guidance including the Corps of Engineers Wetland Delineation Manual (1987 Manual) <br />and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest <br />Region. This concurrence is only valid for the review area shown on the enclosed Figures 1-2. <br />We concur that the review area consists of upland, and does not contain any aquatic <br />resources that are subject to Corps of Engineers jurisdiction. The rationale for this determination <br />is provided in the enclosed Approved Jurisdictional Determination(AJD)form. <br />If you object to this AJD, you may request an administrative appeal under Corps regulations <br />at 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and <br />Request for Appeal (RFA) form. If you request to appeal this determination, you must submit a <br />completed RFA form to the Mississippi Valley Division Office at the address shown on the form. <br />In order for an RFA to be accepted by the Corps, the Corps must determine that it is <br />complete, that it meets the criteria for appeal under 33 CFR 331.5, and that it has been received <br />by the Division Office within 60 days of the date of the attached NAP. It is not necessary to <br />submit an RFA form to the division office if you do not object to the determination in this letter <br />This delineation concurrence, and AJD, may be relied upon for five years from the date of <br />this letter. However, the Corps reserves the right to review and revise the boundary in response <br />to changing site conditions, information that was not considered during our initial review, or off- <br />site activities that could indirectly alter the extent of wetlands and other resources on-site. This <br />determination may be renewed at the end of this period provided you submit a written request <br />and our staff are able to verify that the determination is still valid.