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Project Name and/or Number: Sullivan Property Attachment B Supporting Information for Applications Involving Exemptions, No Loss Determinations, and Activities Not Requiring Mitigation Complete this part if you maintain that the identified aquatic resource impacts in Part Four do not require wetland replacement/compensatory mitigation OR if you are seeking verification that the proposed water resource impacts are either exempt from replacement or are not under CWA/WCA jurisdiction. Identify the specific exemption or no-loss provision for which you believe your project or site qualifies: The proposed sediment removal is eligible for no-loss certification under the Minnesota Wetland Conservation Act. Specifically,the proposed sediment removal is eligible under the No-Loss Criterion set forth under Minnesota Rules Part 8420.0415,A,"an activity that will not impact a wetland." The proposed sediment removal is not regulated under Section 404 of the Federal Clean Water Act because the excavation will be conducted with an excavator or backhoe. The excavated material will be loaded on trucks and hauled to a location where it can be deposited on upland and used as black dirt. The activity will not result in a discharge of dredged or fill material into waters of the United States. Provide a detailed explanation of how your project or site qualifies for the above. Be specific and provide and refer to attachments and exhibits that support your contention.Applicants should refer to rules(e.g.WCA rules),guidance documents(e.g. BWSR guidance,Corps guidance letters/public notices),and permit conditions(e.g.Corps General Permit conditions)to determine the necessary information to support the application.Applicants are strongly encouraged to contact the WCA LGU and Corps Project Manager prior to submitting an application if they are unsure of what type of information to provide: Removal of accumulated sediment from the deepwater habitat is eligible for no-loss certification under the Minnesota Wetland Conservation Act. Sediment removal was discussed with the Minnehaha Creek Watershed District during an onsite pre-application meeting on September 16.2016. Samples subsequently obtained from the pond bottom showed approximately 6 feet of mucky/silty sediment. At a depth of approximately 6 feet,the pond substrate abruptly transitioned to gleyed blue-gray clay loam. The proposed sediment removal meets no-loss criteria listed under Minnesota Rules Part 8420.0415,A.,because removal of sediment from a deepwater habitat is"an activity that will not impact a wetland." The only water resource to be affected by excavation will be the deepwater habitat. The narrow Type 2 wetland fi-inge will be avoided. The excavation will be conducted during winter conditions to minimize disturbance and sedimentation. The landowner would like to remove accumulated sediment down to the blue-gray clay layer,which corresponds to the depth of the original excavation. Excavation of sediment with an excavator or backhoe will restore the deepwater habitat to the previous maximum pond depth of approximately 10 feet,which existed following the original excavation. T'he proposed sediment removal is not regulated by the U.S.Army Corps of Engineers under Section 404 of the Clean Water Act because it will not involve the discharge of dredged or fill material into waters of the United States. Sediment removal will be accomplished using an excavator or backhoe with a sealed bucket. The excavator will load the bottom sediment onto trucks and it will be hauled to a site where it can be used and deposited on upland. The black soils from the bottom sediments will likely be used as top dressing on fill or m'viced with topsoil. Minnesota Interagency Water Resource Application Form February 2014 Page 4 of 4