MN wetland conservation act/Notice of Decision/2016

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Joint Application Form for Activities Affecting Water Resources in Minnesota This joint application form is the accepted means for initiating review of proposals that may affect a water resource(wetland, tributary, lake, etc.) in the State of Minnesota under state and federal regulatory programs. Applicants for Minnesota Department of Natural Resources(DNR) Public Waters permits MUST use the MPARS online permitting system for submitting applications to the DNR. Applicants can use the information entered into MPARS to substitute for completing parts of thisjoint application form (see the paragraph on MPARS at the end of thejoint application form instructions for additional information).This form is only applicable to the water resource aspects of proposed projects under state and federal regulatory programs;other local applications and approvals may be required. Depending on the nature of the project and the location and type of water resources impacted, multiple authorizations may be required as different regulatory programs have different types of jurisdiction over different types of resources. Regulatory Review Structure Federal The St. Paul District of the U.S.Army Corps of Engineers(Corps) is the federal agency that regulates discharges of dredged or fill material into waters of the United States(wetlands,tributaries, lakes, etc.) under Section 404 of the Clean Water Act(CWA)and regulates work in navigable waters under Section 10 of the Rivers and Harbors Act. Applications are assigned to Corps project managers who are responsible for implementing the Corps regulatory program within a particular geographic area. State There are three state regulatory programs that regulate activities affecting water resources. The Wetland Conservation Act (WCA) regulates most activities affecting wetlands. It is administered by local government units(LGUs) which can be counties, townships,cities,watershed districts,watershed management organizations or state agencies(on state-owned land).The Minnesota DNR Division of Ecological and Water Resources issues permits for work in specially-designated public waters via the Public Waters Work Permit Program (DNR Public Waters Permits). The Minnesota Pollution Control Agency(MPCA) under Section 401 of the Clean Water Act certifies that discharges of dredged or fill material authorized by a federal permit or license comply with state water quality standards. One or more of these regulatory programs may be applicable to any one project. Required Information Prior to submitting an application, applicants are stron�ly encoura�ed to seek input from the Corps Project Manager and LGU staff to identify regulatory issues and required application materials for their proposed project. Project proponents can request a pre- application consultation with the Corps and LGU to discuss their proposed project by providing the information required in Sections 1 through 5 of this joint application form to facilitate a meaningful discussion about their project. Many LGUs provide a venue(such as regularly scheduled technical evaluation panel meetings)for potential applicants to discuss their projects with multiple agencies prior to submitting an application. Contact information is provided below. The following bullets outline the information generally required for several common types of determinations/authorizations. • For delineation approvals and/or jurisdictional determinations, submit Parts 1, 2 and 5, and Attachment A. • For activities involving CWA/WCA exemptions,WCA no-loss determinations, and activities not requiring mitigation, submit Parts 1 through S, and Attachment B. • For activities requiring compensatory mitigation/replacement plan, submit Parts 1 thru 5, and Attachments C and D. • For local road authority activities that qualify for the state's local road wetland replacement program,submit Parts 1 through 5, and Attachments C, D(if applicable),and E to both the_C_orps and the LGU. Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 5