HomeMy WebLinkAboutRe: excavating in wetland DEPARTMENT OF THE ARMY
����i��� ST.PAUL DISTRICT,CORPS OF ENGINEERS , -
180 E.KELLOGG BLVD.,ROOM 1421 . � .
ST.PAUL,MINNESOTA 55101-1479 .
October 15, 1993 ?
REPLV TO
ATTENTION OF ..L', �
Construction-Operations /�-�- . .
Regulatory (93-02043-NP/SF-JJY) � ��'�' �p
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Mr. Daniel S. Perkins
55 Landmark Drive
Orono, Minnesota 55356
Dear Mr. Perkins:
We have reviewed the information you provided about a proposal for Loren
V. Butterfield Greenhouses to excavate peat from an unnamed wetland on your
— property. This excavation would provide Mr. Butterfield with usable peat and
would create the duck ponds you desire. The project site is in the SW 1/4 SW
1/4 Sec. 32, T. 118 N. , R. 23 W. , Hennepin County, Minnesota, adjacent to
property where Mr. Butterfield has historically mined peat.
In our letter of January 27, 1993, we informed Mr. Butterfield that no
permit was necessary to excavate peat if all the excavated material was
removed from the wetland and if no fill, sidecasting, temporary storage, or
other discharge was placed in any wetland. At that time, excavation in
wetlands was not a regulated activity. Our regulations have since changed,
and excavation in wetlands is now regulated.
As Joe Yanta of our staff has discussed with you, Mr. Butterfield may
continue to mine peat without a permit until August 24, 1994, as long as no
material is placed in any wetland or water. If he can excavate your duck
ponds in that time, no permit would be necessary. Because this mining is a
ongoing activity, he may continue to mine peat for an additional 2 years if we
receive an application for this activity by August 24, 1994, and if we have
not yet made a permit decision on the mining.
If we issue a permit, the mining would be subject to whatever conditions
the permit contains.
If you or another party excavate the peat, a permit may be necessary, even
if it takes place before August 24, 1994.
Please note that some of the wetlands in the general mining area are
historically adjacent to Lake Minnetonka. Mininq peat in these areas may
require an individual permit, which requires a formal application and a
detailed public interest review, including a public notice. Some of the other
wetlands in the area are not adjacent to Lake Minnetonka. Mining peat there
may be authorized more expeditiously under a nationwide general permit, if the
project meets certain criteria.
_ When we receive more specific information on the areas to be mined, on
the size and shape of the excavations, and on the methods to be used, we can
make a determination on what kind of permit may be needed. If the proposed
mining can be authorized under a nationwide general permit, we will inform you
as soon as possible.
-2-
We must notify other agencies about projects that require individual
permits and some nationwide general permits. Our review for certain projects
may take 30 to 120 days, and in some controversial or complex cases, even
longer. You can help expedite our review if you take the following steps:
* Fill out the application completely and specifically. Please note the
enclosed instructions. We have provided copies of the application to
both you and Mr. Butterfield.
* Send accurate drawings, including smaller 8 1/2 by 11 inch copies for our
public notice. Please note the enclosed guidelines. Following them will
help ensure that your drawings will be accurate and usable.
* Please describe any alternatives considered when planning the project.
This consideration should include other potential sites and other methods
of accomplishing the deaired result. Our regulations often prevent
issuance of permits when there are less-environmentally-damaging
alternatives available. For instance, if the project involves placing
fill in a water or wetland, there may be a way to accomplish the project
purpose but without filling, or without filling as large an area.
If your project would include any temporary placement of excavated or
fill material into a waterbody or wetland, auch as for an access road, you may
also need authorization for that work. Be sure to include that information in
your permit application.
You may also need State, county, and/or city permits for this project,
including approvals required by the State Wetland Conservation Act of 1991.
If you have any questions, contact Joe Yanta in our St. Paul office at
(612) 290-5362.
Sincerely,
•. � � ��---
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Enclosures -'�' , e op�t �;-'
Chief, R��gti*�at . y Branch
Construction-Operations Division
Copy furnished:
Mr. Loren V. Butterfield
Loren V. Butterfield Greenhouses
3925 Watertown Road
Maple Plain, Minnesota 55359
STATE OF
� [�[� C� �Oo `�L.".�
' DEPARTMENT OF NATURAL RESOURCES
METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106
PHONE NO. 7.�2_.�91� FILE NO.
September 2, 1993
Dan Perkins
55 Landmark Drive
Long Lake, Minnesota 55356
RE: WILDLIFE POND CONSTRUCTION, CITY OF ORONO, HENNEPIN COUNTY
Dear Mr. Perkins:
I am writing to confirm our September 1, 1993 telephone
conversation. You inquired whether a bog area where you are
thinking of excavating a wildlife pond is one of the wetlands under
DNR permit jurisdiction.
The site located within the SW1/4, SW1/4, Section 32, T. 118N, R. 23W
is not a DNR protected wetland; therefore, no DNR permit is
required to construct the pond.
I understand you have contacted (or are in the process of
contacting) the city of Orono, the Minnehaha Creek Watershed
District and the U. S. Army Corps of Engineers regarding needed
permits/approvals.
I am enclosing a brochure the DNR-Section of Wildlife prepared
regarding things to consider for construction of wildlife ponds.
Please contact me at 772-7910 should you have questions.
Sincerely,
�_—�---''
Ceil Strauss
Area Hydrologist
Enclosure (1)
cc: Jon Parker, DNR Wildlife
Mike Gaffron, City of Orono
Ellen Sones, Minnehaha Creek WSD
Joe Yanta, USCOE
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