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Redesigning the pond to be a year-round fish and wildlife habitat area might involve substantial additional cost. It might also involve a formal permit application to our agency if the project involves more than an acre of fill and grading in the wetland. Redesigning the pond to increase the wildlife habitat value, without concern for fish, might reduce costs but might not meet all of your objectives. We would be glad to discuss any of the suggestions we have made. The Minnesota Department of Natural Resources or a private consultant may be able to provide more specific guidance on a wildlife or wildlife/fish pond. The steep side slopes and 12-foot depths may also create another problem: safety. A deep, steep-sided pond could be considered an attractive nuisance that poses an unsuspected danger to children and others, and it may create some legal liability problems for you. Because we are not legal experts, you may wish to consult the city or your attorney about this question. This determination covers only the proposed project, as shown on the enclosed plans and described above. If the design, location, or purpose of the work changes, or if you plan additional work in or along the wetland, you should contact us to make sure the work would not violate Federal law. Our telephone number is (612) 220-0375. This verification will remain valid until the nationwide permit is modified, reissued, or revoked. All the nationwide permits are scheduled to be modified, reissued, or revoked before January 13, 1992. It is your responsibility to remain informed about changes to the nationwide permits. We will issue a public notice announces the changes when they occur. Furthermore, if you begin or are under contract to begin this project before the date the nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation to complete the project under the present terms and conditions of this nationwide permit. It is your responsibility to insure that the work complies with the terms of this letter and the enclosures. IT IS YOUR. RESPONSIBILITY TO OBTAIN ALL REQUIRED STATE AND LOCAL PERMITS AND APPROVALS BEFORE YOU PROCEED WITH THE PROJECT. We hope that our comments prove useful. If you have any questions, please call Joe Yanta at (612) 220-0362. B n Wo , Enclosures � P ef, Re a Branch Construction-Operations Division Determination: 330.5(a)(26)(i) - Less than an acre .of fill or grading in a headwaters wetland.