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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 a � �"��i 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.