HomeMy WebLinkAboutRe: Dept of the Army/wetland delineation r '
DEPARTMENT OF THE ARMY COPY
ST.PAUL DISTRICT,CORPS OF ENGINEERS
SIBLEY SQUARE AT MEARS PARK ECE/VFD
190 FIFTH STREET EAST,SUITE 401
ST.PAUL MN 6510116338REPLY TO
,1
ATTENTION OF AUG 2 0 2M ryUG 2009
Operations CI
Regulatory (2009-02469-BLW) n'OFORONO
Mr. Todd Ullom
MFRA, Inc.
14800 28t`Ave.N. Ste. 140
Plymouth,Minnesota 55447
Dear Mr. Ullom:
This is in response to your letter dated 15 June 2009, requesting Corps concurrence with
the wetland delineation�ou completed for Cortney LeNeave on a 7.05 acre property located in
the Wakefield Farms 2" Addition. The project site is located in NW1A of Sec. 36, T. 118 N., R.
23 W., Hennepin County, Minnesota.
We have reviewed the wetland delineation report you provided and concur that the
wetland boundary on the property has been established in accordance with the Corps of
Engineers Wetland Delineation Manual(1987 Manual)and is adequate to establish the limits of
Corps of Engineers Clean Water Act jurisdiction. This wetland delineation shall remain valid for
a period of five years from the date of this letter, unless new information warrants revision of the
delineation before the expiration date.
It is recommended that the delineated wetland boundary be surveyed and identified on
any development plans prepared for this property.
Pursuant to Section 404 of the Clean Water Act, the Corps of Engineers has regulatory
jurisdiction over the discharge of dredged and fill materials, including discharges associated with
mechanical land clearing, in all waters of the United States, which includes most wetlands. In
addition, the Corps regulates all work in navigable waters of the United States pursuant to
Section 10 of the Rivers and Harbors Act.
Please note that work performed below the ordinary high water mark in waters of the
United States, or the discharge of dredged or fill material into wetlands, without a Department of
the Army permit could subject you to enforcement action. Receipt of a permit from a state or
local agency does not obviate the requirement for obtaining a Department of the Army permit.
This delineation/determination has been conducted to identify the limits of the Corps
Clean Water Act jurisdiction for the particular site identified in this request. This
delineation/determination may not be valid for the wetland conservation provisions of the Food
Security Act of 1985,as amended. If you or your tenant are USDA program participants, or
Operations -2 -
Regulatory (2009-02469-BLW)
anticipate participation in USDA programs, you should request a certified wetland determination
from the local office of the Natural Resources Conservation Service prior to starting work.
This letter is valid only for the project referenced above. If any change in design,
location, or purpose is contemplated, contact this office to avoid doing work that may be in
violation of Federal law. PLEASE NOTE THAT THIS CONFIRMATION LETTER
DOES NOT ELIMINATE THE NEED FOR STATE,LOCAL, OR OTHER
AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL
RESOURCES OR COUNTY.
A preliminary jurisdictional determination(JD)has been prepared, as requested, for the
site described above. The preliminary JD is a written indication that there may be waters or
wetlands subject to Federal jurisdiction on the site or an indication of the approximate location(s)
of waters or wetlands on a parcel. The preliminary JD is not appealable. If you prefer an
appealable approved jurisdictional determination you may request one by contacting the Corps
representative identified in the final paragraph of this letter. You also may provide new
information for further consideration by the Corps to reevaluate the JD. If this preliminary JD is
acceptable, please sign and date both copies of the Preliminary Jurisdictional Determination
Form and return one copy to the address below within 30 days from the date of this letter.
U.S. Army Corps of Engineers
St. Paul District
190 5t` Street East, Suite 401
St. Paul, Minnesota 55101-1638
Attn: Barbara Walther
Thank you for your cooperation with the U.S. Army Corps of Engineers regulatory
program. If you have any questions, contact Barbara Walther in our St. Paul office at(651)-290-
5469. In any correspondence or inquiries, please refer to the Regulatory number shown above.
Sincerely,
&d'�-
[ Lc.2
Tamara E. Cameron
Chief, Regulatory Branch
Copy furnished to:
Cortney LeNeave
Evelyn Turner—City of Orono
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
This preliminary JD finds that there "mazy be"waters of the United States on the subject project site,and identifies
all aquatic features on the site that could be affected by the proposed activity,based on the following information:
District Office St.Paul District File/ORM# 2009-02469-BLW PJD Date: Aug 18,2009
State F�_ City/County 10rono,Hennepin
Name/ Todd Ullom
Nearest Waterbody: Bassett Creek Address of
McCombs Frank Roos Associates,Inc.
Person
Location:TRS, Requesting 14800 28th Ave.N.Ste 140
LatLong or UTM: Wetland# 1/44.986,-93.534 PJD g Plymouth,MN 55447
Identify(Estimate)Amount of Waters in the Review Area: Name of Any Water Bodies Tidal:
Non-Wetland Waters: Stream Flow: on the Site Identified as
F —linear ft r—width Ir—acres Section 10 Waters: Non-Tidal:
� Cowardin — 17 Office(Desk)Determination
Wetlands: I` acre(s) Class. I
Palustrine,emergent r Field Determination: Date of Field Trip:
SUPPORTING DATA:Data reviewed for preliminary JD(check all that apply-checked items should be included in case file and,where checked
and requested,appropriately reference sources below):
17 Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant:
17 Data sheets prepared/submitted by or on behalf of the applicant/consultant.
17 Office concurs with data sheets/delineation report.
r Office does not concur with data sheets/delineation report.
r Data sheets prepared by the CoMs
r Corps navigable waters'study:
17 U.S.Geological Survey Hydrologic Atlas:
17 USGS NHD data.
r USGS 8 and 12 digit HUC maps.
17 U.S.Geological Survey map(s).Cite quad name: 1:24K,Excelsior
17 USDA Natural Resources Conservation Service Soil Survey.Citation: lHennepin Co.
R National wetlands inventory map(s).Cite name:
r State/Local wetland inventory map(s):
r FEMA/FIRM maps:
r 100-year Floodplain Elevation is:
pr Photographs: 17 Aerial(Name&Date):IFSA-Summer 2008
r Other(Name&Date):
r Previous determination(s).File no.and date of response letter:
r Other information(please specify):
IMPORTANT NOTE:The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later j urisdi tional determinations,
Signature and Date of Regulatory Project Manager Signature and Date of Person Requesting Preliminary JD
(REQUIRED) (REQUIRED,unless obtaining the signature is impracticable)
EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS:
1.The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site,and the permit applicant or other affected party who requested this preliminary JD is
hereby advised of his or her option to request and obtain an approved jurisdictional determination(JD)for that site.Nevertheless,the permit applicant or other person who requested this preliminary JD
has declined to exercise the option to obtain an approved JD in this instance and at this time.
2.In any circumstance where a permit applicant obtains an individual permit,or a Nationwide General Permit(NWP)or other general permit verification requiring"preconstmction notification"(PCN),
or requests verification for a non-reporting NWP or other general permit,and the permit applicant has not requested an approved JD for the activity,the permit applicant is hereby made aware of the
following:(1)the permit applicant has elected to seek a permit authorization based on a preliminary JD,which does not make an official determination of jurisdictional waters;(2)that the applicant has
the option to request an approved JD before accepting the terms and conditions of the permit authorization,and that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions;(3)that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or
other general permit authorization;(4)that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit,including whatever mitigation
requirements the Corps has determined to be necessary;(5)that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's
acceptance of the use of the preliminary JD,but that either form of JD will be processed as soon as is practicable;(6)accepting a permit authorization(e.g.,signing a proffered individual permit)or
undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by
that activity are jurisdictional waters of the United States,and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action,or in any administrative
appeal or in any Federal court;and(7)whether the applicant elects to use either an approved JD or a preliminary JD,that JD will be processed as soon as is practicable.Further,an approved JD,a
proffered individual permit(and all tams and conditions contained therein),or individual permit denial can be administratively appealed pursuant to 33 C.F.R.Part 331,and that in any administrative
appeal,jurisdictional issues can be raised(see 33 C.F.R.331.5(ax2)).It during that administrative appeal,it becomes necessary to make an official determination whether CWA jurisdiction exists over a
site or to provide an official delineation of'urisdictional waters on the site the Corps will provide an aumved 1D to accomplish that result as soon as is practicable.
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
This preliminary JD finds that there "may be"waters of the United States on the subject project site,and identifies all
aquatic features on the site that could be affected by the proposed activity,based on the following information:
Appendix A- Sites
District Office St.Paul District File/ORM# 2009-02469-BLW PJD Date: Aug 18,2009
StateFbZ7-
City/County Orono,Hennepin Co. Person Requestinq PJD Todd Ullom
Est.Amount of
Site Aquatic Resource Class of
Number Latitude Longitude Cowardin Class in Review Area Aquatic Resource
F144.984 -93.534 Palustrine,emergent 0.13 a.
Notes:
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
This preliminary JD finds that there "may be"waters of the United States on the subject project site,and identifies
all aquatic features on the site that could be affected by the proposed activity,based on the following information:
District Office St.Paul District File/ORM# 2009-02469-BLW PJD Date: Aug 18,2009
State P2-7— City/County 10rono,Hennepin
Name/ Todd Ullom
Nearest Waterbody: Bassett Creek Address of McCombs Frank Roos Associates,Inc.
Person 14800 28th Ave.N.Ste 140
Location:TRS, Wetland# 1/44.986,-93.534 Requesting
LatLong or UTM: PJD Plymouth,MN 55447
Identify(Estimate)Amount of Waters in the Review Area: Name of Any Water Bodies Tidal:
Non-Wetland Waters: Stream Flow: on the Site Identified as
F—linear ft F—width F—
acres Section 10 Waters: Non-Tidal:
� Cowardin 17 Office(Desk)Determination
Xc'tlandS I` acre(s) Class. I Payne,emergent r- Field Determination: Date of Field Trip:
SUPPORTING DATA:Data reviewed for preliminary JD(check all that apply-checked items should be included in case file and,where checked
and requested,appropriately reference sources below):
Pr Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant:
17 Data sheets prepared/submitted by or on behalf of the applicant/consultant.
P'Office concurs with data sheets/delineation report.
r-Office does not concur with data sheets/delineation report.
r Data sheets prepared by the CorRs
r Corps navigable waters'study:
17 U.S.Geological Survey Hydrologic Atlas:
17 USGS NHD data.
r-USGS 8 and 12 digit HUC maps.
R U.S.Geological Survey map(s).Cite quad name: 1:245,Excelsior
17 USDA Natural Resources Conservation Service Soil Survey.Citation: JHennepin Co.
17 National wetlands inventory map(s).Cite name:
r State/Local wetland inventory map(s):
r FEMA/FIRM maps:
r 100-year Floodplain Elevation is:
17 Photographs: 17 Aerial(Name&Date): FSA-Summer 2008
r- Other(Name&Date):
F-
r- Previous determination(s).File no.and date of response letter:
r Other information(please specify):
IMPORTANT NOTE:The information recorded on this form has not necessarily been verified by the Corps and should not he relied upon for later jnsjadfctional deterranatiors.
Signature and Date of Regulatory Project Manager Signature and Date of Person Requesting Preliminary JD
(REQUIRED) (REQUIRED,unless obtaining the signature is impracticable)
EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS:
1.The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site,and the permit applicant or other affected party who requested this preliminary JD is
hereby advised of his or her option to request and obtain an approved jurisdictional determination(JD)for that site.Nevertheless,the permit applicant or other person who requested this preliminary JD
has declined to exercise the option to obtain an approved JD in this instance and at this time.
2.In any circumstance where a permit applicant obtains an individual permit,or a Nationwide General Permit(NWP)or other general permit verification requiring"preconstruction notification"(PCN),
or requests verification for a non-reporting NWP or other general permit,and the permit applicant has not requested an approved ID for the activity,the permit applicant is hereby made aware of the
following:(1)the permit applicant has elected to seek a permit authorization based on a preliminary JD,which does not make an official determination of jurisdictional waters;(2)that the applicant has
the option to request an approved JD before accepting the teras and conditions of the permit authorization,and that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions;(3)that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or
other general permit authorization;(4)that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit,including whatever mitigation
requirements the Corps has determined to be necessary;(5)that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's
acceptance of the use of the preliminary JD,but that either form of ID will be processed as soon as is practicable;(6)accepting a permit authorization(e.g.,signing a proffered individual permit)or
undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by
that activity are jurisdictional waters of the United States,and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action,or in any administrative
appeal or in any Federal court;and()whether the applicant elects to use either an approved JD or a preliminary JD,that JD will be processed as soon as is practicable.Further,an approved JD,a
proffered individual permit(and all terms and conditions contained therein),or individual permit denial can be administratively appealed pursuant to 33 C.F.R.Part 331,and that in any administrative
appeal,jurisdictional issues can be raised(see 33 C.F.R 331.5(ax2)).It during that administrative appeal,it becomes necessary to make an official determination whether CWA jurisdiction exists over a
site or to provide an official delineation of jurisdictional waters on the site the Corps will provide an approved JD to accomplish that result,as soon as is practicable.
1
PRELIMINARY JURISDICTIONAL DETERMINA TION FORM
This preliminary JD finds that there "may be"waters of the United States on the subject project site,and identifies all
aquatic features on the site that could be affected by the proposed activity,based on the following information:
Appendix A - Sites
District Office St.Paul District File/ORM# 2009-02469-BLW PJD Date: Aug 18,2009
State I"'� City/County Forono,Hennepin Co. Person Requestinq PJD Todd Ullom
Est.Amount of
Site Aquatic Resource Class of
Number Latitude Longitude Cowardin Class in Review Area Aquatic Resource
44.984 -93.534 Palustrine,emergent 0.13 a.
Notes: