02-20-2018 Planning Commission Packet

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