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2015-03-03 Development Application Materials
Eric Johnson From: Adams,Jennifer <Jennifer.Adams @metc.state.mn.us> Sent Tuesday, March 03,2015 9:34 AM To: 'Mike Isensee' Cc: Eric Johnson; Slocum, Steve;Amstutz,Timothy; Mangowi,James Subject: St.Croix WWTP Outfall replacement-related permits,schedule, &erosion control estimate Attachments: Corps of Engineers.pdf; DNR 2013.pdf; DNR-water appropriation.pdf; DNR-Mussels.pdf; MNPCA.pdf; United States Department of the Interior.pdf;outfall schedule 2-27-15.pdf Mike, Attached is a training certificate for the MCES knowledgeable person (MCES Inspector Mike Olerich)and a construction schedule for the outfall replacement. Please see the email below regarding the estimated quantity of temporary stabilization, along with the contractor commitment to abiding by the double containment requirement for hazardous waste. An MCES inspector will be onsite during construction to ensure compliance. We have received approval from Andrew Horton with the US Fish and Wildlife and Jill Medland with the St.Croix National Scenic Riverway,through the Corps of Engineers. Approvals from the DNR, MNPCA,Corp of Engineers, Department of the Interior are attached for your review/records. Jennifer /.)01, Jennifer .Adams Principal Contract Administrator Jennifer.Adams @metc.state.mn.us Metropolitan Council Environmental Services METROPOLITAN P.651.602.8327 I C.651.755.3479 I F.651.602.8900 C O U N C I L 2500 Childs Road I St. Paul, MN 1 55106-6726 I meetrocouncil.orq CONNECT WITH US 1,„.4 e-news From: mark jay[mailto:markj @lametti.coml Sent:Tuesday, March 03, 2015 8:33 AM To: Adams,Jennifer Cc: Slocum, Steve; Russell, Rick; 'Jason Shank'; Ryan Thompson; 'jtglasow @gmail.com' Subject: RE: Needed: NPDES permit&tree removal info Jennifer— 1 Rivard Tree Service will be removing the trees. Rivard disposes of tree waste at a company they own called Central Wood Specialties. Trees are chipped up and dyed for retail sale. Our crew will be instructed to use double wall containment when equipment is fueled. Equipment will not be fueled near the river. A spill containment kit will be on hand. We estimate the temporary erosion control to be approximately 18,000 square feet. Temporary erosion control will be completed by Terra Services. The river work is the first item we will be doing. Our crew has been instructed to be out of the river by 3-15-15. Let me know if you need additional information. Talk with you soon, Mark R.Jay Project Manager Lametti &Sons, Inc. (651)789-3023 Direct (651)426-0044 Fax (651)248-1703 Cell marki@ylametti.com www.lametti.com 2 4 From: J-lingsberaer.Thomas J MVP To: mark lay Cc: Shodeen.Molly(DNR);Sorensen.Jenifer(DNR);Leete.Peter(DOT);SsandersCalci.stillwater.mn.us; Christooher.LonaCalStantec.com;Jason Shank(Jason(alshankconstructors.com);Baker.Richard(DNR);gym Thompson;Adams.Jennifer;Jeisa.thomosonCo)metc.state.mn.us Subject: RE: 14300-Outfall Replacement St.Croix WWTP-Memo(UNCLASSIFIED) Date: Monday,February 09,2015 2:27:50 PM Attachments: Scanned-image 2013-021534h.nd( Classification:UNCLASSIFIED Caveats:NONE Mark, Attached is a copy of the RGP-003-MN authorization from the Corps for the outfall pipe replacement at Oak Park Heights. The trench-box method is authorized provided there is no temporary stockpiling of dredged material in the riverbed. Let me know if you have any questions. Tom Hingsberger Regulatory Project Manager,NW Section Corps of Engineers,St.Paul District 180 East Fifth Street,Suite 700 St.Paul,MN 55101-1638 Phone:651-290-5367 Fax:651-290-5330 Email:thomas.j.hingsberger @usace.army.mil http://www.mvp.usace.army.mil/Missions/Regulatory.aspx Corps of Engineers urges early planning for permits: http://www.mvp.usace.army.mi l/Media/NewsReleases/tabid/9473/Article/23557/corps-of-engineers-urges-early- planning-for-permits.aspx Original Message From:mark jay[inailto:marltj @lametti.com] Sent:Wednesday,February 04,2015 5:18 AM To:Baker,Richard(DNR);Ryan Thompson Cc:Shodeen,Molly(DNR);Sorensen,Jenifer(DNR);Leete,Peter(DOT);ssanders @ci.stillwater.mn.us; Christopher.Long @Stantec.com;Hingsberger,Thomas J MVP;Adams,Jennifer;Jason Shank (Jason @shankconstructors.com) Subject: [EXTERNAL]RE: 14300-Outfall Replacement St.Croix WWTP-Memo All- We understand that. The Memo should have read we will begin work as soon as we receive the permit from the DNR and Corps of Engineers. DEPARTMENT OF THE ARMY ST.PAUL DISTRICT,CORPS OF ENGINEERS 180 FIFTH STREET EAST,SUITE 700 ,1644,46.1 ST.PAUL MN 55101-1678 REPLY TO FEB ATTENTION OF W (�9 Operations Regulatory(2013-02153-DJS) Leisa Thompson Metropolitan Council Environmental Services 390 North Robert Street . St.Paul,Minnesota 55101-1805 Dear Ms. Thompson: This is in regard to your Department of the Army authorization 2013-02153-DJS,issued on August 16,2013,to discharge fill material into the St.Croix River for the purpose of replacing the Oak Park Heights Sewage Treatment Plant Outfall Pipe. The work involved replacing a total of approximately 591 linear feet of an existing 36-inch CMP outfall pipe with a 36-inch RCP outfall pipe,and involved replacing 70 linear feet of the outfall pipe in the St.Croix riverbed. The project site is in Sec. 34,T. 30N., R. 20W.,Washington County,Minnesota. Your Contractor for the project, Lametti&Sons, Inc.,asked that we consider information contained in their email dated January 15,2015 and determine if the project could be reauthorized to incorporate a change in the method used to remove and replace the 36-inch outfall pipe below the OHWM of the St. Croix River by using a series of trench boxes to access the site. The revised construction method would result in a temporary discharge of fill material within the trench box area measuring approximately 54 feet by 12 feet(648 square feet). We have coordinated this matter with the U.S. Fish and Wildlife Service and the National Park Service. Based on that coordination and the information you provided,we have determined that the proposed change would have no effect to the Wild and Scenic Status of the St.Croix River,or to any federally-listed threatened or endangered species. Therefore,the requested change is acceptable. Department of the Army Regional General Permit-003-MN(RGP-003-MN)provides authorization under section 404 of the Clean Water Act for certain categories of activities involving the discharge of dredged or fill material into waters of the U.S. or activities conducted in/over/under waters covered by Section 10 of the Rivers and Harbors Act. We have determined that the described work shown on the attached drawings labeled 2013-02153-DJS-Jan2015, 1 of 3 through 3 of 3,is authorized by RGP-003-MN, Category C -Utility Line Discharges,provided the following Special Conditions and attached Standard Conditions are followed. 1. A floating silt fence shall be installed and maintained as shown to prevent drift of disturbed sediments during construction. Operations -2 - Regulatory(2013-02153-DJS) 2. Dredged sediment from the project area shall be temporarily stored on land,above the OHWM of the St. Croix River. 3. Trench boxes shall be removed and the riverbed restored to pre-construction contours using stockpiled dredged material within 30 days of the start of the project. This determination covers only the project as described above. If the design,location,or purpose of the project is changed,our office should be contacted to make sure the work would not result in a violation of Federal law. If your project will require off-site fill material that is not obtained from a licensed commercial facility,you must notify us at least five working days before start of work. A cultural resources survey may be required if a licensed commercial facility is not used. This General Permit is valid until January 31,2017,unless modified,reissued,or revoked.The time limit for completing the work described above ends on that day. It is the permittee's responsibility to remain informed of changes to the General Permit program. If this authorized work is not undertaken within the above time period, or the project specifications have changed,our office must be contacted to determine the need for further approval or re- verification. It is the permittee's responsibility to ensure that the work complies with the terms of this letter and any enclosures,AND THAT ALL REQUIRED STA l'E AND LOCAL PERMITS AND APPROVALS ARE OBTAINED BEFORE WORK PROCEEDS. A copy of the preliminary jurisdictional determination(JD)previously prepared for the site of your project is attached and remains valid. This authorization letter supersedes the previous authorization letter dated August 16, 2013. This document should be retained as part of your record. If you have any questions,contact Tom Hingsberger in our St. Paul office at(651)290- 5367. In any correspondence or inquiries,please refer to the Regulatory number shown above. Sincerely, jamin R. Cox Chief,Northwest Section Enclosure Copy: Mark Jay, Lametti&Sons,Inc. mark]@lametti.com Jennifer Adams,Met Council iennifer.adams@,metc.state.mn.us Molly Shodeen,MnDNR molly.shodeen @state.mn ch 'C N-4 5 N r , O Q 4 • • _ Q� • • { # k ¥ 4 J 7 / / ) $ + 2.,', u / k\ \ / vl 4 a. \ AO / / i \ \ i - • (1 / 4 \ ® . 8 2 t -. 1 a � � � ! � % © ai . ki 1\ \ J . |/ � & , } '_ - { f7° \ - " f2; . . ':11 cl « % . o y$ \ 7 .) . w 'a '42 % \ J } n 8 €s 2 mi [2 1 t Sm c U) e N N 7. - CV C? � ca ti. in M 0 F �, i Y f i fd 1, .,,,. (L.?1.- y' .) , C o CV% -> 1 5 9) k ‘,'‘'C-C , u.s.Army Corps of Engineers Terms and Conditions of Regional General Permit-003-MN ,.' St.Paul District Activity C: Utility Line Discharges The following description of from the trench. Furthermore,the must be removed in their entirety and utility line construction, trench shall not be constructed in the affected areas returned to maintenance and repair activities such a manner as to drain waters preconstruction authorized under Regional of the U.S. (e.g. backfllling with contours and elevations. General Permit-003-Minnesota extensive gravel layers,creating a The areas affected by temporary fills (RGP-003-MN)is excerpted from French drain effect). Utility line must be re-vegetated,with native, RGP-003-MN. Read RGP-003-MN trenches can be badcfllled with day non-invasive plant species,as In its entirety at blocks to ensure that the trench appropriate. (Section 10 RHA I http://www.mvp.usace.army.mii does not drain waters of the U.S. Section 404 CWA) /regulatory/. All projects Any exposed slopes and stream authorized under RGP-003-MN banks must be stabilized Notification Requirements: must also follow the Standard immediately upon completion of The project proponent must Conditions of RGP-003-MN and the utility line crossing of each notify the District Engineer by any terms specified in the RGP- water body. submitting a PCN and receive 003-MN verification letter. written confirmation that the 2. Foundations for overhead utility project is authorized by the RGP- C.Utility Line Discharges. lines,utility poles or anchors: 003-MN,if any of the following Discharges of dredged or fill material Discharges of dredged or fill material criteria are met: In waters of the U.S.or work in for the construction or maintenance Section 10 waters required for the of foundations,utility poles or The utility line that is in or construction,maintenance and repair anchors in waters of the U.S., crosses waters of the U.S.totals of utility lines and associated fadlities, provided that the foundations are the more than 500 feet in length,or including: minimum size necessary and mechanized land Bearing of separate footings are used where forested wetland or permanent 1.Utility lines: Discharges of dredged feasible. conversion of forested wetlands or fill material associated with would occur or activities are excavation,baddilling or placement 3. Utility line substation or conducted in/over/under waters of bedding material for the associated facilities: Discharges of covered by Section 10 of the construction or maintenance of utility dredged or fill material for Rivers and Harbors Act of 1899. lines induding outfall and intake construction of substation or other structures fora single and complete facilities associated with a utility line . y, , : a R.: project provided that the area is that permanently impact not more restored to preconstruction contours than Y2 acre of waters of the U.S. and elevations. NI RGP-003-MN authorizations are Temporary structures,fills and work subject to the following standard A utility line is defined as any necessary to construct or conduct the conditions,as applicable,in addition pipe or pipeline for the maintenance/repair activity are to any case-specific conditions Engineer. transportation of any gaseous, authorized.This includes the imposed by the District These conditions and any special liquid,liquefiable,or slurry placement of temporary construction substance,for any purpose,and mats and mechanized land clearing conditions must be satisfied for any any cable, line,or wire for the necessary for the construction,repair RGP authorization to be valid: transmission of electrical energy, or maintenance of utility lines, 1.Mitigation/Sequencing. telephone,electronic data,and substations and foundations,provided Discharges of dredged or fill material radio or television communication, that the deared area is kept to a into waters of the U.S.must be The term utility line does not minimum and pre-construction minimized or avoided to the indude activities which drain a contours and elevations are restored. maximum extent practicable. water of the U.S. Temporary fill impacts must be kept to the minimum necessary to When determining the least Material resulting from trench complete the work.Appropriate environmentally damaging practicable excavation may be temporarily measures must be taken to maintain on-site alternative, impacts to all resources sidecast(up to three months)into normal downstream flows and including jurisdictional waters of the U.S.,provided that minimize flooding to the maximum waters,non jurisdictional waters,and the material is not placed in such a extent practicable,when temporary high quality uplands should be manner that it is dispersed .. .. .. structures/work/discharges includin considered.,:...:......... . . :..... 9 currents or other forces.The District cofferdams,are necessary for Engineer may extend the construction activities,access fills or Mitigation in all its forms(avoiding, period of temporary side casting, dewatering of construction sites. minimizing,or compensating)will be not to exceed a total of 180 days, Temporary fills must consist of clean required to the extent necessary to fill materials,and be placed in a ensure that the adverse effects to the where appropriate.In wetlands, p aquatic environment are minimal. the top 6"to 12 of the trench shall manner that will not be eroded by Compensatory mitigation normally be badkfilled with topsoil expected high flows.Temporary fills requirements are determined on a Paae1of5 , , U.S.Army Corps of Engineers Terms and Conditions of Regional General Permit-003-MN '"11 St.Paul District Activity C: Utility Line Discharges case by case basis and may be in effective operating condition during required to reduce adverse effects of For activities where compensatory construction,and all exposed soil and a project,either temporary or mitigation is required,project other fills,as well as any work below permanent,to the minimal level proponents should include a the ordinary high water mark,must mitigation plan prepared in be permanently stabilized at the The District Engineer will determine accordance with 33 CFR Part 332,and earliest practicable date. Work should appropriate compensatory mitigation the St.Paul District Pblicy for Wetland be done in accordance with state- requirements in accordance with Compensatory Mitigation in Minnesota approved,published practices, such as Federal guidelines and established (http://www,mvp.usace.army.m€l/regu defined in Minnesota Pollution Control District policy. latory/default.asp?oageid=924&suboa Agency document,PROTECTING geld=387). The plan prepared should WATER QUALITY IN URBAN AREAS- Generally,compensatory wetland describe the measures proposed to BEST MANAGEMENT PRACTICES FOR mitigation shall be required for ensure that the activity complies with MINNESOTA. projects that impact more than: the Section 404(b)(1)guidelines(40 CFR Part 230). In cases where a Upon completion of earthwork 400 square feet In a shoreland Corps-approved bank is proposed to operations,all exposed slopes,fills, wetland protection zone, be used,a statement of intent to use and disturbed areas must be given the bank is generally sufficient sufficient protection by appropriate 2,000 square feet in a"less- Compensatory mitigation required by means such as landscaping,or than-50 percent"county, other Federal or state programs may, planting and maintaining vegetative but will not necessarily,satisfy this cover,to prevent subsequent erosion. 5,000 square feet in a "50%-to- Clean Water Act requirement. Cofferdams shall be constructed and 8046"county,and maintained so as to prevent erosion 2. Navigation. (a)No activity may into the water. If earthen material is 10,000 square feet in a "greater cause more than a minimal adverse used for cofferdam construction, than 80%"county. effect on navigation. (b)The sheet piling,riprap or a synthetic permittee understands and agrees cover must be used to prevent dam as shown on the attached map that,if future operations by the erosion. labeled enclosure 5: United States require the removal, relocation,or other alteration,of the 6.Removal of temporary fills. When the above project thresholds structure or work herein authorized, Temporary fills are allowed to remain are exceeded,the compensatory or if,in the opinion of the Secretary of in place for up to three months.Upon mitigation requirement applies to the the Army or authorized request the District Engineer may project's total wetland impacts, representative,said structure or work extend this period,allowing temporary indudinq the threshold amounts shall cause unreasonable obstruction fills to remain in place for up to a total specified above. Use of Corps- to the free navigation of the navigable of 180 days,where appropriate. approved mitigation banks and in-lieu waters,the permittee will be required, fee procedures are generally upon due notice from the Corps of At the end of the specified timeframe, acceptable methods of providing Engineers,to remove,relocate,or temporary fills must be removed in compensatory mitigation for small alter the structural work or their entirety and the affected areas projects having compensatory obstructions caused thereby,without returned to their preconstruction mitigation requirements of 1/4 acre or expense to the U.S. No daim shall be contours and elevation.The areas less. made against the U.S.on account of affected by temporary fills must be re- any such removal or alteration. vegetated with native,non-invasive Compensatory mitigation shall be plant species,as appropriate. designed to replace the functions lost 3.Suitable fill material. No activity as result of the project.Where certain may use unsuitable material(e.g., 7. Obstruction of high flows.To functions and services of waters of trash,debris,car bodies,unprocessed the maximum extent practicable, the U.S.are permanently adversely asphalt,etc.). All fill(induding riprap) discharges must not permanently affected as a result of the authorized authorized under this RGP, must be restrict or impede the passage of discharge,such as the conversion of a free from toxic pollutants in toxic normal or expected high flows or forested or scrub-shrub wetland to a amounts. cause the relocation of the water herbaceous wetland in a permanently (unless the primary purpose of the fill maintained utility right of way,or are..._ . ... 4._Proper maintenance.Any, is to impound waters), temporarily affected,such as the authorized structure or fill shall be temporary conversion of forested or properly maintained,induding 8.Historic Properties,Cultural scrub-shrub wetlands in a linear maintenance to ensure public safety. Resources.(a)No activity which may project corridor,compensatory affect historic properties listed,or mitigation may be required to reduce 5.Erosion and siltation controls. potentially eligible for listing,on the the adverse effects of the project to Appropriate erosion and siltation National Register of Historic Places is the minimal level. controls must be used and maintained authorized,until the District Engineer Page 2 of 5 . , , U.S.Army Corps of Engineers Terms and Conditions of Regional General Permit-003-MN ' ' St.Paul District Activity C: Utility Line Discharges has complied with the requirements of seasons must be avoided to the manner that would allow them to Section 106 of the National Historic maximum extent practicable. enter the watercourse as a result of Preservation Act(NHPA). Federal Activities that result in the physical spillage,natural runoff,or flooding. project proponents should follow their destruction(e.g.,through excavation, To the extent practicable and own procedures for complying with fill,or downstream smothering by appropriate measures should be taken 1 the requirements of Section 106,and substantial turbidity)of an important to control and minimize the spread of provide documentation of compliance spawning area are not authorized. invasive species via equipment with those requirements. Information transfer. on the location and existence of 13.Equipment.Heavy equipment historic resources can be obtained working in wetlands must be placed 18.Spill contingency plan. A from the State Historic Preservation on mats,or other measures must be contingency plan must be formulated Office and the National Register of taken to minimize soil disturbance. that would be effective in the event of Historic Places. (b)If cultural Equipment should be dean and free a spill. This requirement is resources,such as historic structures of greases,oils,fuels,and sediments particularly applicable in operations or buildings,or archaeological remains prior to working within aquatic involving the handling of petroleum are identified in the project area,or habitats. products. If a spill of any potential are discovered during activities pollutant should occur,it is the authorized by this permit,you must 14.Tribal rights.No activity or its responsibility of the permittee to immediately stop work and notify the operation may impair reserved tribal remove such material,to minimize District Engineer of what you have rights,including,but not limited to, any contamination resulting from this found.We will initiate the Federal and reserved water rights and treaty spill,and to immediately notify the state coordination required to satisfy fishing and hunting rights. State Duty Officer at 1-800-422-0798 our responsibilities under Section 106 and the U.S.Coast Guard at 1-800- of the NHPA.(c)Rock or fill material 15.Wild and Scenic Rivers.No 424-8802. used for activities authorized by this activity may occur in a component of permit must either be obtained from the National Wild and Scenic River 19. Disposal sites. If dredged or existing quarries or,if a new borrow System,or in a river officially excavated material is placed on an site is opened up to obtain fill designated by Congress as a"study upland disposal site(above the material,the Corps must be notified river"for possible inclusion in the ordinary high-water mark),the site prior to the use of the new site to system while the river is in an official must be securely diked or contained determine whether a cultural study status,unless the appropriate by some other acceptable method resources survey of the site is Federal agency with direct that prevents the return of potentially necessary. , management responsibility for such polluting materials to the watercourse river has determined that the by surface runoff or by leaching. The 9. Adverse effects from proposed activity will not adversely containment area,whether bulkhead impoundments.If the activity affect the Wild and Scenic River or upland disposal site,must be fully creates an impoundment of water, designation or study stags. completed prior to the placement of adverse effects on the aquatic system Information on Wild and Scenic Rivers any dredged material. j caused by the accelerated passage of may be obtained from the appropriate water and/or the restriction of its flow Federal land management agency in 20.Water intakesjactivities. No shall be minimized to the maximum the area(e.g.,National Park Service, activity may occur in the proximity of extent practicable. U.S. Forest Service,Bureau of Land a public water supply intake,except Management,U.S.Fish and Wildlife where the activity is for repair or 10. Migratory Bird breeding Service.) Improvement of the public water areas.Activities In waters of the U.S supply intake structures or adjacent that serve as breeding areas for 16.Water quality standards. All bank stabilization. migratory birds, induding waterfowl, work or discharges to a watercourse must be avoided to the maximum resulting from permitted construction 21. Endangered Species. (a)No extent practicable. activities, particularly hydraulic activity is authorized which is likely to dredging,must meet applicable adversely affect a threatened or 11.Aquatic life movements. No Federal,State,and local water quality endangered species as identified activity may substantially disrupt the and effluent standards on a under the Federal Endangered Species movement of those species of aquatic continuing basis. Act(ESA),or which is likely adversely life indigenous to the water body; affect critic habitat of such species. induding those species that normally 17.Preventive measures. (b)No activity is authorized which migrate through the area,unless the Measures must be adopted to prevent may affect a listed species or critical activity's primary purpose is to potential pollutants from entering the habitat unless consultation under the impound water. watercourse. Construction materials ESA addressing the effects of the and debris,including fuels,oil,and proposed activity has been completed. 12.Spawning areas. Activities in other liquid substances,shall not be Non-federal permittees shall notify the spawning areas during spawning stored in the construction area in a District Engineer if any listed species Pane 3 of 5 I , , U.S.Army Corps of Engineers Terms and Conditions of Regional General Permit-003-MN ■' St.Paul District Activity C: Utility Line Discharges or critical habitat might be affected or the placement of potentially lethal 25.Inspection. You must allow is in the vicinity of the project,and infrastructure(communication towers, representatives from this office to shall not begin work on the activity wind turbines,transmission lines,etc) inspect the authorized activity at any until notified by the District Engineer within two miles of a bald eagle nest time deemed necessary to ensure that that the requirements of the ESA have may warrant additional review. it is being or has been accomplished been satisfied and that the activity is in accordance with the terms and authorized. Federal project For more information concerning the conditions of RGP-003-MN. proponents should follow their own Bald and Golden Eagle Protection Act procedures for complying with the or the Migratory Bird Treaty Act refer 26.State Section 401 Water requirements of the ESA and provide to the following websites: Quality Certification.The State of documentation of compliance with Minnesota Pollution Control Agency those requirements.(c)No activity is htk thwww.fws,ggoy/miaratorvbirdstm has issued a 401 certification for the authorized which is likely to jeopardize b12er0s.htm1 RGP-003-MN. Permittees must a proposed species or which is likely comply with the conditions specified in to adversely modify proposed critical http://www.fws.gov/midwest/eagle/pr the certification as special conditions habitat.(d)Authorization of an otect/index.html to this permit,For your convenience, activity under RGP-003-MN does not a copy of the certification is attached. authorize the take of a threatened or i.1•. u.,. 114k ''i ii .i.. : - endangered species as defined under u elines/disturbnestinghaeal html 27.Coastal Zone Management the ESA.In the absence of separate consistency determination. The authorization(e.g.,an ESA Section 10 23. Expiration Date. Unless State of Minnesota has determined Permit,a Biological Opinion with otherwise specified in the District's that the RGP-003-MN is consistent incidental take provisions,etc.)from letter confirming your project complies with the CZM program. the U.S.Fish and Wildlife Service with the requirements of this RGP,the (USFWS),both lethal and non-lethal time limit for completing work Further Information: takes of protected species are in authorized by RGP-003-MN ends upon violation of the ESA.General the expiration date of this RGP-003- 1. Congressional Authorities: You information on the location of MN.Activities authorized under the have been authorized to undertake threatened and endangered species RGP-003-MN that have commenced the activity described above pursuant and their critical habitat is provided in construction or are under contract to to Section 404 of the Clean Water Act Attachment A and Endosures 3-7. commence construction,will remain (33 U.S.C. 1344)and/or Section 10 of Information can also be obtained authorized provided the activity is the Rivers and Harbors Act of 1899 directly from the offices of the USFWS completed within 12 months of the (33 U.S.C.403). Twin Cities Field office(TCFO)at 612- date of the RGP-003-MN expiration, 725-3548.(e)If it becomes apparent suspension,or revocation; 2. Limits of this authorization. that a federally listed endangered whichever is sooner.If you find that plant or animal species will be you need more time to complete the a. RGP-003-MN does not obviate the affected by work authorized by this authorized activity,submit your need to obtain the other Federal, permit,work must be stopped request for a time extension to this state,or local authorizations immediately and the St. Paul District office for consideration at least three required by law. Corps of Engineers must be contacted months before the expiration date is for further instruction. reached. b. RGP-003-MN does not grant any property rights or exdusive 22.Bald and Golden Eagle 24.Maintenance and Transfer. privileges. Protection Act and Migratory Bird You must maintain the authorized Treaty Act.Notification to the Corps activity in good condition and in c. RGP-003-MN does not authorize is required for projects within 0.5 conformance with the terms and any injury to the property or miles(2640 feet)of an eagle nest. conditions of this permit.You are not rights of others. There are approximately 1300 bald relieved of this requirement if you eagle nests distributed among 64 of abandon the permitted activity, d. RGP-003-MN does not authorize Minnesota's 87 counties. In although you may make a good faith interference with any existing or Minnesota,bald eagles typically nest transfer to a third party.Should you proposed Federal project. in old,large diameter trees within wish to cease to maintain the approximately 500 feetof-a water authorized activity or should you 3. Limits of Federal Liability...In body. desire to abandon it without a good authorizing work,the Federal faith transfer,you must obtain a Government does not assume any It is recommended that the project modification of this permit from this liability,induding but not limited to proponent also contact the USFWS office,which may require restoration the following: TCFO(612-725-3548) if the proposed of the area. project will disturb a bald eagle or a bald eagle nest. Projects involving Page 4 of 5 U.S.Army Corps of Engineers Terms and Conditions of Regional General Permit-003-MN `'' St.Paul District Activity C: Utility Line Discharges a. Damages to the permitted project revocation procedures contained in 33 or uses thereof as a result of CFR 325.7 or enforcement procedures other permitted or un-permitted such as those contained in 33 CFR activities or from natural causes. 326.4 and 326.5. The referenced enforcement procedures provide for b. Damages to the permitted project the issuance of an administrative or uses thereof as a result of order requiring the permittee to current or future activities comply with the terms and conditions undertaken by or on behalf of the of the permit and for the initiation of United States in the public legal action where appropriate. Interest 6. This Office may also reevaluate its c. Damages to persons,property,or decision to issue RGP-063-MN at any to other permitted or un- time the circumstances warrant. permitted activities or structures Circumstances that could require a caused by the activity authorized reevaluation include,but are not by this permit. limited to,the following: significant new information surfaces which this d. Design or construction office did not consider in reaching the deficiencies associated with the original public interest decision. Such permitted work. a reevaluation may result in a determination that is appropriate to e. Damage claims associated with use the suspension,modification,or any future modification, revocation procedures contained in 33 suspension,or revocation of this CFR 325.7. permit 4. Reliance on Project Proponent's Data: The determination by this office that an activity is not contrary to the public interest will be made in reliance on the information provided by the project proponent. 5. Reevaluation of Decision. This office may reevaluate its decision on an authorization at any time the circumstances warrant. Circumstances that could require a reevaluation include,but are not limited to,the following: a. The permittee fails to comply with the terms and conditions of this permit. b. The information provided by the permittee in support of the preconstruction notification proves to have been false, incomplete,or inaccurate(see 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that is appropriate to use the suspension,modification,or Page 5 of 5 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 1st.Paul District File/ORM# 12013-02153-DJS • PJD Date: 18/12/2013 State IMN City/County tOak Park Heights.MN Name/ Nearest Waterbody: (St.Croix River Address of Metropolitan Council ES Person 390 Robert Street N. Location:TRS, T30N,R2OW,Sec 34 Requesting St,Paul,MN 55101 LatLong or UTM: 4987322.02891828,516771.995514405,UTM 15 PJD • Identify(Estimate)Amount of Waters in the Review Area: Name of Any Water Bodies Tidal; I Non Wetl d Waters: Stream Flow; on the Site Identified as • • Section 10 Waters: Non-Tidal: 1St.Croix River 7(} :linear ft l0 width I •acres 'Perennial • Pr Office(Desk)Determination Wetlands., acre(s) Cowardin s} Class: r Field Determination: Date of Field Trip:1 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): p Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant: 'MCES Plan and Profile Drawings IT Data sheets prepared/submitted by or on behalf of the applicant/consultant. IT Office concurs with data sheets/delineation report. r Office does not concur with data sheets/delineation report. ✓ Data sheets prepared by the Corps r. Corps navigable waters'study: p U.S.Geological Survey Hydrologic Atlas: IF USGS NHD data. r USGS 8 and 12 digit HUC maps. ✓ U.S.Geological Survey map(s).Cite quad name: IMN Stillwater ., ✓ USDA Natural Resources Conservation Service Soil Survey.Citation: I. ✓ National wetlands inventory map(s).Cite name:I ✓ State/Local wetland inventory map(s): • ✓ FEMA/FIRM.maps:1 • ✓ 100-year Floodplain Elevation is:1 • ✓ Photographs: I" Aerial(Name&l)ate):I r Other(Name&Date): ✓ Previous determination(s).File no.and date of response letter: ✓ Other information(please specify): u it; .to ♦1 t. i u u i .. n, . i, ._ i. . _r.. ', i.,a+ i i,� , n ,. . c rel on. Jaffe j Signature and Date of Regulatory Project Manager Signature and Date of Person Requesting Preliminary JD (REQUIRED) (REQUIRED,unless obtaining the signature is impracticable) EXPLANATION OP 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 panty who requested this preliminary 3D 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 circumstatt=e where a permit applicant obtains an individual permit,or a Nationwide General Permit(NWP)or other general permit verification requiring"preconsnuction notification"(PCN), or.requests verif eatio n.for.a non-reporting NWP.or.other wend peewit,.and the.peamt.applicant has not requested an.approved JD.for the activity,the permit applicant is.hereby made aware.of the. following:(I)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 terns and conditions of the permit authorisation,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 retina 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 authotization based on a preliminary ID 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 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)),Iff,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. Minnesota MINNESOTA DEPARTMENT OF NATURAL RESOURCES Permit Number Public Waters Work Permit 2013-1683 C MURAL nITOF Expiration Date: 10/03/2018 Pursuant to Minnesota Statutes, Chapter 103G,and on the basis of statements and information contained in the permit application, letters, maps,and plans submitted by the applicant and other supporting data,all of which are made part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform actions as authorized below. Project Name: County: Watershed: Resource: N/A Washington Lower St. Croix River Lake: St. Croix(82000100) Purpose of Permit: Authorized Action: Intake/Outfall Structure To remove existing pipe, riprap and and concrete maintenance structure; install temporary conveyance piping;lower the existing trench and temporarily sidecast the material to bury the pipe;replace approximately 70'of 36"CMP effluent discharge pipe;and refill the trench;all in accordance with permit application received June 13,2013. Permittee: Authorized Agent: METROPOLITAN COUNCIL LEISA THOMPSON CONTACT:TIMOTHY AMSTUTZ, (651)602-1221 390 ROBERT STREET 390 ROBERT ST N SAINT PAUL, MN 55101 ST PAUL, MN 55101-1805 (651)602-8101 (651)602-1065 leisa.thompson @metc.state.mn.us Property Description (land owned or leased or where work will be conducted): UTM Zone 15N: Easting:516508, Northing:4987329, SWSE of Sec.34,T3ON, R2OW, NESW of Sec.34,T3ON, R2OW Authorized Issuer: Title: Issued Date: Effective Date: Expiration Date: Molly Shodeen Area Hydrologist 10/03/2013 10/03/2013 10/03/2018 This permit is granted subject to the following CONDITIONS: APPLICABLE FEDERAL,STATE,OR LOCAL REGULATIONS:The permittee is not released from any rules, regulations, requirements,or standards of any applicable federal,state,or local agencies; including,but not limited to,the U.S.Army Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency,watershed districts,water management organizations,county,city and township zoning. NOT ASSIGNABLE:This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources. NO CHANGES:The permittee shall make no changes,without written permission or amendment previously obtained from the Commissioner of Natural Resources, in the dimensions,capacity or location of any items of work authorized hereunder. SITE ACCESS:The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. TERMINATION:This permit may be terminated by the Commissioner of Natural Resources at any time deemed necessary for the conservation of water resources of the state,or in the interest of public health and welfare, or for violation of any of the conditions or applicable laws, unless otherwise provided in the permit. COMPLETION DATE: Construction work authorized under this permit shall be completed on or before the date specified above.The permittee may request an extension of the time to complete the project,stating the reason thereof, upon (MPARS revision 05/24/2013,Permit Issuance ID 10663,printed 10/03/2013) CONDITIONS continued on next page... / CONDITIONS (Continued from previous page) written request to the Commissioner of Natural Resources. WRITTEN CONSENT: In all cases where the permittee by performing the work authorized by this permit shall involve the taking, using,or damaging of any property rights or interests of any other person or persons,or of any publicly owned lands or improvements thereon or interests therein,the permittee, before proceeding,shall obtain the written consent of all persons,agencies,or authorities concerned, and shall acquire all property, rights, and interests needed for the work. PERMISSIVE ONLY/NO LIABILITY:This permit is permissive only. No liability shall be imposed by the State of Minnesota or any of its officers,agents or employees,officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees,or contractors.This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents,employees,or contractors,for any damage or injury resulting from any such act or omission,or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents,employees,or contractors for violation of or failure to comply with the permit or applicable conditions. EXTENSION OF PUBLIC WATERS:Any extension of the surface of public waters from work authorized by this permit shall become public waters and left open and unobstructed for use by the public. WETLAND CONSERVATION ACT:Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations,the permittee shall not initiate any work under this permit until the permittee has obtained official approval from the responsible local government unit as required by the Minnesota Wetland Conservation Act. CONTRACTOR RESPONSIBILITY:The permittee shall ensure the contractor has.received and thoroughly understands all provisions of this permit. Contractors must obtain a signed statement from the property owner stating that permits required for work have been obtained or that a permit is not required,and mail a copy of the statement to the regional DNR Enforcement office where the proposed work is located.The Landowner Statement and Contractor Responsibility Form can be found at: http://www.bwsr.state.mn.us/wetlands/wca/index.html#general. INVASIVE SPECIES-EQUIPMENT DECONTAMINATION:All equipment intended for use at a project site must be free of prohibited invasive species and aquatic plants prior to being transported into or within the state and placed into state waters.All equipment used in designated infested waters,shall be inspected by the Permittee or their authorized agent and adequately decontaminated prior to being transported from the worksite.The DNR is available to train inspectors and/or assist in these inspections. For more information refer to the"Best Practices for Preventing the Spread of Aquatic Invasive Species"at http://files.dnr.state.mn.us/publications/ewr/invasives/ais/best_practices_for_prevention_ais.pdf. Contact your regional Invasive Species Specialist for assistance at www.mndnr.gov/invasives/contacts.html.A list of designated infested waters is available at http://files.dnr.state.mn.us/eco/invasives/infested_waters.pdf.A list of prohibited invasive species is available at www.mndnr.gov/eco/invasives/laws.html#prohibited. FISHERY PROTECTION-EXCLUSION DATES: No activity affecting the bed of the protected water may be conducted between March 15 and June 15,to minimize impacts on fish spawning and migration. If work during this time is essential, it shall be done only upon written approval of the Area Fisheries Manager. See contact list at: http://files.dnr.state.mn.us/fisheries/management/dnr fisheries_managers.pdf. Should work begin elsewhere in the project area within these dates,all exposed soils that are within 200 feet of Public Waters and drain to those waters must complete erosion control measures within 24 hours of its disturbance to prevent sediment from entering Public Waters. MAINTENANCE:Maintenance of this project to originally authorized conditions may be authorized by amendment to this permit. cc: Amber Peterson, Conservation Officer, Maplewood Brooke Haworth, DNR Regional Environmental Assessment Ecologist, Region 3 Tim Marion, DNR Wildlife, North Metro TJ DeBates, DNR Fisheries, East Metro Area mike isensee,Watershed District, MIDDLE ST. CROIX WMO Tom Hingsberger, Corps of Engineers,Washington Jay Riggs, SWCD,Washington Conservation District Eric Johnson, City, Oak Park Heights Page 2-Permit Number 2013-1683 Minnesota MINNESOTA DEPARTMENT OF NATURAL RESOURCES Amended Permit Number Public Waters Work Permit 2013-1683 DES Expiration Date: 12/31/2015 Pursuant to Minnesota Statutes, Chapter 103G,and on the basis of statements and information contained in the permit application, letters,maps,and plans submitted by the applicant and other supporting data,all of which are made part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform actions as authorized below.This permit supersedes the original permit and all previous amendments. Project Name: County: Watershed: Resource: Outfall Pipe Replacement St. Washington Lower St. Croix River Lake:St.Croix(82000100) Croix Valley WWfP Purpose of Permit: Authorized Action: Intake/Outfall Structure Remove existing pipe, riprap,and shore headwall and structure; install temporary conveyance piping; replace up to 70'of 36" CMP effluent discharge pipe;contain construction within a trench box approximately 12'wide and up to 60'long;install shoreline riprap;all in accordance with the permit application, associated reports and plans,and the conditions of this permit. Mussel takings permit issued by DNR on February 18,2015 for the work authorized under this permit amendment. Permittee: Authorized Agent: METROPOLITAN COUNCIL ENVIRONMENTAL N/A SERVICES CONTACT:AMSTUTZ,TIMOTHY, (651)602-1221 390 ROBERT ST. N SAINT PAUL, MN 55101 (651)602-1000 Property Description (land owned or leased or where work will be conducted): UTM zone 15N,516508m east,4987329m north, SWSE of Section 34,T3ON, R2OW, NESW of Section 34,T3ON, R2OW Authorized Issuer: Title: Issued Date: Effective Date: Expiration Date: Molly Shodeen Area Hydrologist 02/19/2015 02/19/2015 12/31/2015 This permit is granted subject to the following CONDITIONS: APPLICABLE FEDERAL,STATE,OR LOCAL REGULATIONS:The permittee is not released from any rules, regulations, requirements,or standards of any applicable federal,state,or local agencies; including,but not limited to,the U.S.Army Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency,watershed districts,water management organizations,county, city and township zoning. NOT ASSIGNABLE:This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources. NO CHANGES:The permittee shall make no changes,without written permission or amendment previously obtained from the Commissioner of Natural Resources, in the dimensions,capacity or location of any items of work authorized hereunder. SITE ACCESS:The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. TERMINATION:This permit may be terminated by the Commissioner of Natural Resources at any time deemed (MPARS revision 10/07/2013,Permit Issuance ID 14094,printed 02/19/2015) CONDITIONS continued on next page... i CONDITIONS (Continued from previous page) necessary for the conservation of water resources of the state,or in the interest of public health and welfare, or for violation of any of the conditions or applicable laws, unless otherwise provided in the permit. COMPLETION DATE:Construction work authorized under this permit shall be completed on or before the date specified above.The permittee may request an extension of the time to complete the project by submitting a written request, stating the reason thereof,to the Commissioner of Natural Resources. WRITTEN CONSENT: In all cases where the permittee by performing the work authorized by this permit shall involve the taking, using,or damaging of any property rights or interests of any other person or persons,or of any publicly owned lands or improvements thereon or interests therein,the permittee,before proceeding,shall obtain the written consent of all persons, agencies,or authorities concerned, and shall acquire all property, rights,and interests needed for the work. PERMISSIVE ONLY/NO LIABILITY:This permit is permissive only. No liability shall be imposed by the State of Minnesota or any of its officers,agents or employees,officially or personally,on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees,or contractors.This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents,employees, or contractors,for any damage or injury resulting from any such act or omission,or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents,employees,or contractors for violation of or failure to comply with the permit or applicable conditions. EXTENSION OF PUBLIC WATERS:Any extension of the surface of public waters from work authorized by this permit shall become public waters and left open and unobstructed for use by the public. WETLAND CONSERVATION ACT:Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations,the permittee shall not initiate any work under this permit until the permittee has obtained official approval from the responsible local government unit as required by the Minnesota Wetland Conservation Act. CONTRACTOR RESPONSIBILITY:The permittee shall ensure the contractor has received and thoroughly understands all conditions of this permit. Contractors must obtain a signed statement from the property owner stating that permits required for work have been obtained or that a permit is not required,and mail a copy of the statement to the regional DNR Enforcement office where the proposed work is located.The Landowner Statement and Contractor Responsibility Form can be found at: http://www.bwsr.state.mn.us/wetlands/wca/index.html#general. INVASIVE SPECIES-EQUIPMENT DECONTAMINATION:All equipment intended for use at a project site must be free of prohibited invasive species and aquatic plants prior to being transported into or within the state and placed into state waters.All equipment used in designated infested waters,shall be inspected by the Permittee or their authorized agent and adequately decontaminated prior to being transported from the worksite.The DNR is available to train inspectors and/or assist in these inspections. For more information refer to the"Best Practices for Preventing the Spread of Aquatic Invasive Species"at http://files.dnr.state.mn.us/publications/ewr/invasives/ais/best_practices_for_prevention_ais.pdf. Contact your regional Invasive Species Specialist for assistance at www.mndnr.gov/invasives/contacts.html.A list of designated infested waters is available at www.mndnr.gov/invasives/ais/infested.html.A list of prohibited invasive species is available at www.mndnr.gov/eco/invasives/laws.html#prohibited. CONSTRUCTION DEWATERING-GENERAL:All construction dewatering in excess of 10,000 gallons per day or one million gallons per year must be authorized by a separate water appropriation permit.All worksite discharge water must be treated for sediment reduction prior to return to the surface water.Water from designated infested waters shall not be diverted to other waters,transported on a public road,or transported or appropriated off property riparian to infested waters without a DNR permit specifically for this use.All equipment in contact with infested waters must be decontaminated upon leaving the site. EROSION AND SEDIMENT CONTROL-SILT CURTAIN:Any work below the water level shall be encircled by a flotation sediment curtain to prevent sediment from being transported beyond the construction site.An example of an appropriately constructed silt curtain is illustrated in Chapter 6.32 Treatment Measures: Flotation Silt Curtains,found in the document Protecting Water Quality in Urban Areas(2000),at www.pca.state.mn.us/index.php/view-document.html?gid=7157. Curtain should be held close to shoreline,encircling the work area, and not interfere with main flows in channels.The barrier shall be removed upon completion of the work after the silt has settled. FISHERY PROTECTION-EXCLUSION DATES: No activity affecting the bed of the protected water may be conducted between March 15 and June 15,to minimize impacts on fish spawning and migration. If work during this time is essential, Page 2-Permit Number 2013-1683 CONDITIONS continued on next page... CONDITIONS (Continued from previous page) it shall be done only upon written approval of the Area Fisheries Manager. See contact list at: http://flles.dnr.state.mn.us/fisheries/management/dnr_fisheries_managers.pdf. Should work begin elsewhere in the project area within these dates,all exposed soils that are within 200 feet of Public Waters and drain to those waters must complete erosion control measures within 24 hours of its disturbance to prevent sediment from entering Public Waters. MAINTENANCE:Maintenance of this project to originally authorized conditions may be authorized by amendment to this permit. EXCAVATED MATERIALS-RUNOFF CONCERN:Excavated materials must be deposited or stored in an upland area, in a manner where the materials will not be redeposited into the public water by reasonably expected high water or runoff. Departure from any previously approved spoil disposal plans may be allowed only through permit amendment. MUSSELS:The proposed project has the potential to take native freshwater mussels, including mussels listed by the state as endangered or threatened. Work in the water shall not proceed until the permittee has received from the Minnesota Endangered Species Coordinator either a takings permit,or approval to proceed without a takings permit. SMOOTH TRANSITION/MINIMUM ENCROACHMENT:At each end of the stabilized shoreline,the finished slope of the riprap shall be varied in a fashion to produce a smooth transition with the natural shoreline.Also, riprap encroachment into the water is to be limited to the minimum amount necessary and shall not create an obstruction to normal flows. NOTIFICATION: Permittee shall notify the DNR permit liason to MNDOT, Peter Leete,5 days prior to work commencement::651-366-3634 or peter.leete @state.mn.us cc: Thompson, Leisa,Agent Adams,Jennifer, Contact; Metropolitan Council Environmental Services Jeanne Daniels, EWR District Manager Peter Leete, DNR DOT Liason Hydrologist Scott Arntzen, Conservation Officers, Forest Lake Ben Meyer, BWSR Wetland Specialists,Washington Erica Hoaglund, DNR Regional Nongame Specialists,Central-North Kathryn(Kit)Resner, DNR Regional Environmental Assessment Ecologist, Region 3 Brooke Haworth, DNR Regional Environmental Assessment Ecologist, Region 3 Tim Marion, DNR Wildlife, North Metro TJ DeBates, DNR Fisheries, East Metro Area Michael Welling, County,Washington Mikael lsensee,Watershed District, MIDDLE ST.CROIX WMO Tom Hingsberger, Corps of Engineers,Washington Jay Riggs,SWCD,Washington Conservation District Eric Johnson, City, Oak Park Heights Page 3-Permit Number 2013-1683 STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES DIVISION OF ECOLOGICAL AND WATER RESOURCES 500 LAFAYETTE ROAD,BOX 25 ST.PAUL,MN 55155 SPECIAL PERMIT NO.19457 (Taking of mussels,including endangered and/or threatened species) February 13,2015 TO WHOM IT MAY CONCERN: Under the authority of Minn. Statutes,Section 84.0895 and Minn.Rules,Parts 6212.1800-2100, permission is hereby granted to: Timothy Amstutz,Project Manager Metropolitan Council 390 North Robert St. St.Paul,MN 55101 and his agents,employees,and contractors,to take by destruction in connection with the proposed St. Croix Wastewater Treatment Plant Outfall Replacement Project,an unlimited number of endangered, threatened,and non-listed unionid mussels. Previous surveys have determined that mussel resources, including endangered or threatened species,will be impacted by work associated with the project. Permitted take of mussels will be limited to an approximately 1,200 square foot area of disturbance,as depicted in the figure included in this permit, below. Any additional impacts to the river's mussel resources will need to be addressed in a separate permit. As compensatory mitigation for the permitted taking of mussels,the Metropolitan Council will provide seven hundred dollars($700)to the Minnesota Department of Natural Resources,pursuant to Minn. Statutes,84.026,for the purpose of funding research,education,propagation,restoration,and/or management activities contributing to the recovery and eventual delisting of endangered and threatened mussel species in Minnesota. This permit is effective indefinitely upon receipt of a countersigned copy of this permit and the mitigation payment by the DNR. The countersigned copy of the permit and the mitigation payment should be sent to:Richard J.Baker,Minnesota Endangered Species Coordinator,Minnesota Department of Natural Resources,Division of Ecological and Water Resources,Box 25,500 Lafayette Road, St.Paul,MN 55155. Receipt by the DNR will be confirmed by email to the Permittee. I , 14 _ - Richard J.Baker + ate Endangered Species Coordinator,Division of Ecological and Water Resources I hereby cert6 that I have read, understand,and accept the provision of this permit and understand that this permit is not valid unless it is signed by me. Timothy Amstutz,Permittee Date C: Richard J.Baker,Endangered Species Coordinator,Div.Ecological and Water Resources Terri Yearwood,Regional Manager,Div.Ecological and Water Resources Molly Shodeen,Area Hydrologist,Div.Ecological and Water Resources Peter Leete,Transportation Hydrologist,Div.Ecological and Water Resources Jason Peterson,District Supervisor,Div.Enforcement Mike Davis,Malacologist,Div.Ecological and Water Resources Erica Hoaglund,Regional Nongame Specialist,Div.Ecological and Water Resources Permit Clerk,Div.Fish and Wildlife Steve Slocum,Metropolitan Council Jennifer Adams,Metropolitan Council Exhibit: Depiction of Project Impact Zone 20 x60' I WOK K 024 F1—�;Mt1( -' tkri Flow-iil St If {CNi.L I4 " ti _ All f— _. ,e it ' ,t V C3 r— °1 APPROX RIVER BANK ON 8442013 j I ' ``\ 67460' 1 4 N. L \I KEY NOTES:p ie `° 1. INSTALL NEW 36"RCP IORTO 2. INSTALL NEW 60`h1H.SEE 1ICJ1 I LEGEND 1 ATION u SILT FENCE/ ;t OF PIPE 3. INSTALL SALVAGED RIPRAP CONSTRUCTION LIMITS IN 4. SEE DETAIL 2/0,11 FOR PIPE PLACEMENT IN "--FLOATING SILT FENCE • RIVER BED - .s EXISTING FENCE/ CONSTRUCTION LIMITS 5, SEE DETAIL 3/0.11 FOR PIPE PLACEMENT ON SHORE VALE 6 INSTALL IMPERVIOUS CLAY TRENCH DAM PPOJe.CT",Vm. S07gr0 2-//2-114' 700 Minnesota Pollution Control Agency 520 Lafayette Road North I St Paul,Minnesota 551554194 1 651-296.6300 800657-3864 1 651-282-5332 11Y I www.pcasate.mn.us I Equal Opportunity Employer January 30, 2011 Ms.Tamara Cameron US Army Corps of Engineers Regulatory Branch Chief,St. Paul District 180 Fifth St E Ste 700 St. Paul,MN 55101-1678 RE: Operations—Regulatory(2011-02988-KJU) Regional General Permit: RGP-003-MN Clean Water Act Section 401 Water Quality Certification • Dear Ms. Cameron: This letter is submitted by the Minnesota Pollution Control Agency(MPCA) under authority of Section 401 of the Clean Water Act(CWA)(33 USC 1251 et seq.), Minn.Stat.chs. 115 and 116 and Minn. R. 7001.1400-7001.1470.The MPCA has examined the information furnished by the United States Army Corps of Engineers (USACE),specifically the proposed Regional General Permit, RGP- 003-MN,placed on public notice on August 5, 2011, and bases its certification decision upon this and other such information relevant to water quality considerations.The proposed RGP-003-MN would be valid for five years and it would replace existing RGP-003-MN,which was issued on August 1,2006, and will expire on January 31, 2012.As further identified within it,the proposed RGP-003-MN would authorize impacts to USACE-jurisdictional waterbodies for certain activities that are considered to be similar in nature and those that are anticipated to have minimal adverse environmental effects, individually or cumulatively,on the aquatic environment. The MPCA certifies the referenced general permit(RGP-003-MN)because there is reasonable assurance that the activities identified within it will be conducted in a manner that will not violate applicable water quality standards,provided the following conditions are incorporated into the RGP-003-MN and complied with: 1. MPCA rules governing wetlands,at Minn. R.ch. 7050.0185,Subp.9 and Minn. R.ch. 7050.0186, require compensatory mitigation for the project's unavoidable permanent impacts to wetlands that are subject to Federal jurisdiction under Section 404 of the Clean Water Act. In general, providing the compensatory mitigation as required by RGP-003-MN,Standard Condition 1,will satisfy the MPCA rules governing mitigation for unavoidable permanent impacts to wetlands that are subject to Federal jurisdiction under Section 404 of the Clean Water Act. 2. Prior to commencing any construction operations,the wetland areas that are to remain undisturbed shall be clearly marked in the field so that boundaries are visible to equipment operators. Sediment must remain on the project site and cannot be deposited into adjacent wetlands or water bodies that are not authorized to be impacted. 3. Broken concrete from any existing bridge, defined as demolition debris in Minn. R. 7035.0300, Subp. 30,cannot be used in its raw form for riprap bank protection.The broken concrete could only be used for this purpose if: a)it is crushed to the size gradation appropriate for rip rap application; b) all steel reinforcement bars and asphalt have been removed; and c) it does not contain contaminants of concern (see Minn. R.7035.2860, Subp.4). Ms.Tamara Cameron Page 2 January 30,2012 4. Prior to performing any work authorized by RGP-003-MN that involves construction, maintenance,or demolition activities in streams,including intermittent streams, rivers or ditches,within which water is flowing at the time the authorized work will be performed,the permittee,or contractor(s)acting on the permitee's behalf, shall develop a written plan including figures that identify: (A)the specific boundaries of the area where impacts to the waterbody will occur,which are required to be minimal;and (B)the in-water Best Management Practices(BMPs)that will be employed to ensure the authorized activities will not cause an increase in turbidity or sedimentation downstream of the defined working area in the waterbody.Submittal of the plan is not required by this certification. The use of earthen-only dams or earthen-only dikes for this purpose is not authorized by this certification.Cofferdams that will be constructed using earthen material can be used as a BMP for this purpose;however,sheet piling, armoring with riprap or a synthetic cover must be included to prevent erosion on the river side of the cofferdam. Upon removal of the coffer dam,the affected area must then be restored to j re-pro ect conditions. p The in-water BMPs must be properly installed prior to conducting the authorized activities and must be maintained throughout the duration of the project's in-water disturbances.While conducting the work,the BMPs must also be visually monitored to ensure turbidity and/or sedimentation is not occurring downstream and outside of the defined working area. If turbidity and/or sedimentation is observed outside and downstream of the defined work area, then the authorized activities must cease immediately until alternative BMPs,which will adequately control turbidity and sedimentation,have been implemented.This certification does not authorize the applicable water quality standards governing these waters of the state to be violated outside of the defined work area.A copy of the in-water BMP plan must be available at the project site. Further information regarding the types of BMPs that may be suitable for this purpose can be found in a manual at the following web-page: http://www.dnr.state.mn.us/waters/watermgmt_section/pwpermits/gp_2004_0001_manual.html 5. Any dewatering activities necessary to complete the activities that are authorized by RGP-003- MN must be conducted in a manner that will not violate the state water quality standards applicable to affected waterbodies.A Dewatering Plan shall be developed that includes Best Management Practices for this purpose, including use of a temporary pond,an overland flow system,or other methods that will ensure solids in the water are removed before discharging back into the waterbody.The plan shall remain on-site for the duration of the project; however,submittal of the plan is not required by this certification. 6. This certification does not apply to removing or constructing permanent dams with a constructed height greater than 6 feet or that impound more than 15 acre-feet of water in any waters. 7. Dredging Restriction. For any activities authorized by RGP-003-MN that involve any dredging to remove accumulated sediment for safe vessel passage, lake restoration,or bridge maintenance construction and/or demolition activities,the area to be dredged must first be evaluated for the presence of contaminants from the sediments. If any contaminants of concern are found during this evaluation,the permittee,or contractor acting on its behalf, must notify the MPCA in accordance with Minn.Stat.Sec. 115.061. In-water protection best management practices must then be employed to minimize the release of contaminants from the sediment into the water column as a result of dredging activities.Any contaminated sediment that is dredged must be subsequently disposed in accordance with applicable rules and regulations. More information is available at the MPCA's Web site: http://www.pca.state.mn.us Ms.Tamara Cameron Page 3 January 30, 2012 8. Utility Line Discharges.To ensure authorized Utility Line Discharges and/or Pipeline Repair or Maintenance activities(RGP-003-MN, Items C and V)do not result in violations of state water quality standards,the following conditions must be adhered to when constructing, maintaining,or repairing utilities as authorized by RGP-003-MN(these are in addition to all other applicable conditions of this certification). a. Excluded Activities.This certification does not authorize the following: i. Use of"open cuts"to create a trench in a flowing stream, river or ditch. ii. Excavation of open trenches exceeding 7,000 linear feet of open trench at any one time. b. Prior to conducting any authorized activities,the permittee shall develop a comprehensive Spill Prevention, Containment and Control Plan.The plan must detail the steps that shall be taken to prevent any substance or material,including hazardous materials,which, if not recovered,may cause pollution to any waters of the state. It must also identify how any such substance or material that may inadvertently be discharged to waterbodies shall be recovered as rapidly and as thoroughly as possible, including the immediate actions that will be taken to abate,or minimize,the pollution.Submittal of the plan is not required by this certification. The plan must also contain the Minnesota Duty Officer's phone numbers, 651-649-5451 and 800-422-0798, and clear instructions regarding how, if there is any discharge of any substance or material, including hazardous materials,which,if not recovered, may cause pollution to waters of the state,the Minnesota Duty Officer shall be notified immediately, pursuant to Minn.Stat. 115.061 (DUTY TO NOTIFY AND AVOID WATER POLLUTION). A copy of the plan must be on-site and persons conducting the authorized activities must be familiar with it. c. Dry construction methods must be used when constructing,maintaining,or repairing utilities that cross any streams, including intermittent streams, rivers and ditches with flowing water conditions. Dry crossing methods include Horizontal Directional Drilling (HDD),guided bore,dam and pump,flume,stream diversion or other available methods that will ensure no construction, maintenance,or repair activities will occur within flowing water conditions. d. To minimize the potential of drilling mud releases(i.e.,frac-outs)from discharging into sensitive resource areas,including waterbodies,that are crossed via the HDD or Guided Bore construction methods,the permittee and/or contractor acting on its behalf,shall: i. Prior to conducting any authorized activities,develop a comprehensive Drilling Mud Containment, Response and Notification Plan,which must be on-site when conducting the authorized activities.The plan must comply with applicable State of Minnesota regulations, and it must detail the equipment,supplies,and the specific steps that will be taken to prevent,contain and control any drilling mud releases that may cause pollution to waters of the state and/or violate the applicable state water quality standards governing waterbodies in the vicinity. It must also identify the number of staff that must be on-site for the plan to be adequately implemented.A copy of the plan must be on-site during the HDD construction activities and persons conducting the activities must be properly trained to implement the plan. Submittal of the plan is not required by this certification. Ms.Tamara Cameron Page 4 January 30, 2012 ii. Prior to conducting any HDD or Guided Bore construction activities,develop a detailed plan containing the site-specific locations where,relative to the waterbodies that will be crossed,all equipment,supplies(e.g.,silt/turbidity curtains,boats,etc.) and adequate staffing that are mentioned in the required Drilling Mud Containment, Response,and Notification Plan will be ready for immediate deployment prior to commencing any activities. Minimally,the plan must contain: (A)Maps showing the specific locations with sufficient access to each water body that the permittee has procured; (8) supporting text detailing how the permittee will transport equipment,supplies, and adequate staffing to each location prior to starting the drilling activity;and (c) a Flocculant Use Contingency Plan,which identifies specific products and the methodology to be used,if necessary,to contain a drilling mud release.Submittal of the plan is not required by this certification. iii. In the event that containment and cleanup equipment is deployed due to a drilling mud release,carefully remove any sediment and/or bentonite and drilling mud additives collected by the silt/turbidity curtains and dispose of it in an upland disposal location in compliance with all applicable rules and regulations (this condition does not obviate the need for the permittee to conduct further remedial action if drilling mud releases to waters of the state). iv. During HDD or Guided Bore construction activities, use only the following drilling mud and/or drilling mud additives: Max Gel,Poly-Plus, DrillPlex HDD and Ringfree.The permittee and/or its contractors is/are not authorized to use any other drilling mud additive without first acquiring approval from the MPCA. Should the permittee or its contractors wish to use a different drilling mud additive,the permittee shall furnish sufficient information to the MPCA regarding the product,well in advance(at least 30 days)of the date the drilling mud additive is desired to be used.At a minimum,this shall include the Material Safety Data Sheets,toxicity testing results,and preferred concentrations for the use of the additive.The MPCA may also need additional information furnished to facilitate its review. v. When installing the utility in segments,the trailing end of each open trench shall be restored (backfilled and BMPs in place)as the leading edge of the next trench is opened. 9. Bridge Maintenance Construction and/or Demolition activities: In addition to following all other applicable certification conditions,including condition 4 above, activities authorized by RGP-003-MN that involve bridge maintenance,construction and/or demolition must also comply with the following conditions: a. Excluded Activities.This certification does not authorize bridge demolition activities that will involve using explosive devices to implode or collapse a bridge,or any portion of a bridge,into a river or stream,including intermittent streams. b. Any painting,cleaning,or restoration of bridges that is associated with the activity authorized by RGP-003-MN must use curtains or other reliable containment methods to ensure paint,chemicals,grouting or other contaminants will not discharge to any waters of the state. c. Any coffer dams placed within waterbodies to construct a new bridge or to demolish the existing bridge must be installed and maintained in a manner that does not allow soil erosion or deposition into the river. If coffer dams will be constructed using earthen material,then sheet piling, armoring with riprap or a synthetic cover must be included to Ms.Tamara Cameron Page 5 January 30, 2012 prevent erosion on the river side of the structure.Upon removal of the cofferdam,the affected area must then be restored to pre-project conditions. d. Any dewatering activities necessary to demolish an existing bridge or to construct new bridges shall be conducted in a manner that will not violate water quality standards applicable to affected waterbodies.A Dewatering Plan shall be developed that includes Best Management Practices for this purpose,including use of a temporary pond,an overland flow system,or other methods that will ensure solids in the water are removed before discharging back into the waterbody.The plan shall remain on-site for the duration of the project;however,submittal of the plan is not required by this certification. e. For any activities authorized by RGP-003-MN that involve any dredging to remove accumulated sediment for safe vessel passage, lake restoration, or bridge maintenance construction and/or demolition activities,the area to be dredged must first be evaluated for the presence of contaminants from the sediments. If any contaminants of concern are found during this evaluation,the permittee,or contractor acting on its behalf, must notify the MPCA in accordance with Minn.Stat. Sec. 115.061. In-water protection best management practices must then be employed to minimize the release of contaminants from the sediment into the water column as a result of dredging activities.Any contaminated sediment that is dredged must be subsequently disposed in accordance with applicable rules and regulations. More information is available at the MPCA's Web site: http://www.pca.state.mn.us f. The permittee,or contractor acting on its behalf,shall avoid filling in any waterbodies for temporary access or staging area to the extent practicable. If any waterbodies must be temporarily filled for this purpose,the fill must be clean material. Upon completion of the project,the fill must be removed and the affected area must then be restored to pre- project conditions. g. Cutting of riverbank vegetation for demolition/construction activities and staging areas shall be kept to the minimum amount possible. If removal of vegetation is unavoidable,the disturbed areas shall be re-vegetated upon completion of the activity and/or staging. h. Broken concrete from any existing bridge,defined as demolition debris in Minn. R. 7035.0300,Subp.30, cannot be used in its raw form for riprap bank protection.The broken concrete could only be used for this purpose if: a)it is crushed to the size gradation appropriate for riprap application; b) all steel reinforcement bars and asphalt have been removed;and c)it does not contain contaminants of concern (see Minn. R.7035.2860, Subp.4). i. If the riprap to be placed under a bridge for permanent stabilization is to be grouted with concrete,then prior to conducting the grouting activity, plywood sheeting,sheet piling, sand bags,or other suitable BMP must be placed at the base of the riprap to ensure no uncured cement will reach the waterbody.The BMPs must remain in place until all concrete grouting has cured. 10. Impaired Waters. It is the permittee's responsibility to ensure,while conducting any activities authorized by RGP-003-MN,the activities shall not exacerbate any existing impairments of a CWA 303 (d)listed waterbody.The following MPCA Web pages contain more information and search tools available to determine which waters in Minnesota are impaired: http://www.pca.state.mn.us http://pca-gis02.pca.state.m n.us/website/stormwater/csw/viewer.htm http://pca-gis02.pca.state.mn.us/eda_surfacewater/index.html • Ms.Tamara Cameron Page 6 January 30, 2012 NOTIFICATIONS: The following notifications are not conditions of the MPCA CWA 401 Certification of RGP-003-MN.They are provided to notify the general public in Minnesota that certain discharges in waters of the United States,or activities associated with discharges into waters of the United States, are also regulated under other rules administered by the MPCA: 1. MPCA rules governing wetlands, at Minn. R. ch. 7050.0185,Subp. 9 and Minn. R.ch. 7050.0186,require compensatory mitigation for a project's unavoidable permanent impacts to wetlands.These rule provisions require compensatory mitigation for the project's unavoidable impacts on the designated uses of all wetlands in Minnesota,which includes wetlands that are not subject to Federal jurisdiction under Section 404 of the Clean Water Act. The compensatory mitigation must be sufficient to ensure replacement of the diminished or lost designated uses of the wetland that will be physically altered.The compensatory mitigation shall be accomplished by restoration of previously diminished wetlands or by creation of wetlands,and the replacement wetlands shall be of the same type and in the same watershed as the impacted wetland,to the extent prudent and feasible. In general,providing mitigation for all of a project's unavoidable,permanent wetland impacts at a 1:1 replacement ratio of new wetland credit, and in the same watershed,to the extent prudent and feasible,satisfies the MPCA's compensatory mitigation requirements governing wetlands. For further information,please visit the following MPCA Web page: http://www.pca.state.mn.us/index.p hp/view-docu ment.html?gid=7253 2. Minn. R. chs. 7001 and 7090 requires any activity that will disturb one acre or more of land to first acquire a National Pollutant Discharge Elimination System Permit(NPDES)/State Disposal System(SAS)General Stormwater Permit from the MPCA for discharging stormwater during construction activity. Both the owners and operators of construction activity disturbing one acre or more of land are responsible for obtaining and complying with the conditions of the NPDES/SDS General Stormwater Permit prior to commencing construction activities.Sites disturbing less than one acre within a larger common plan of development or sale that is more than one acre also need permit coverage.A detailed Stormwater Pollution Prevention Plan(SWPPP),containing both temporary and permanent erosion and sediment control plans, must be prepared prior to submitting an application for the NPDES/SDS General Stormwater Permit.In addition, any project that will result in over 50 acres of disturbed area and has a discharge point within one mile of a special or impaired water is required to submit their SWPPP to the MPCA for a review at least 30 days prior to the commencement of land disturbing activities. If the SWPPP is found to be out of compliance with the terms and conditions of the NPDES/SDS General Stormwater Permit, further delay may occur. For more information, please visit the following Web page: http://www.pca.state.mn.us/publicationsiwq-strm2-05.pdf 3. Minn. R. ch.7001 requires that, prior to testing the structural integrity of any newly- installed pipeline,or any existing pipeline that is maintained and/or repaired by RGP-003- MN, NPDES/SDS Permit coverage must be obtained from the MPCA,which regulates the discharge of water and trench waters associated with this activity. 4. Any asbestos, lead paint, or lead plates on existing bridges authorized to be demolished shall be removed and disposed of in accordance with MPCA rules and regulations. Pursuant to Minn. R.7001.1450, failure to comply with any of the conditions above may result in the MPCA invalidating or revoking this 401 Certification on a project-by-project basis.A copy of the certification should therefore be posted at the work site, together with a copy of all other required regulatory authorizations.This certification includes and incorporates by reference the I Ms.Tamara Cameron Page 7 January 30, 2012 general conditions of Minn. R.7001.0150,subp. 3.This action does not exempt the RGP-003-MN permittee from the responsibility of complying with all applicable local,state, and federal requirements,including any MPCA authorizations not specifically identified in the certification that may be required, nor does it grant any right to violate personal or property rights. If you have any questions on this certification please contact Kevin Molloy at 651-757-2577. Sin rely, an.) 1--"RAZan7 David Richfield Supervisor, Water&Land Rules&Special Projects Unit Policy, Local Government Assistance and Solid Waste Section Municipal Division DR/KM:ah cc: Peter Swenson, USEPA Tony Sullins, USFWS Kelly Urbanek, USACE—Bemidji Steve Colvin, DNR- Eco Kent Lokkesmoe, DNR—Waters 2011-02988-KJU RGP-003-MN Attachment A Page 1 KNOWN POPULATIONS AND CRITICAL HABITAT OF THREATENED AND ENDANGERED SPECIES Species Known Populations Critical Habitat* TOPEKA SHINER There are known populations of This includes streams,side Notropis Topeka Topeka shiner present outside channels,cut-off channels, the designated areas of critical oxbows,abandoned channels, habitat in the Big Sioux and Rock and wetlands that are at least River watersheds in Lincoln, periodically tributary Pipestone,Murray,Rock and components of THE BIG SIOUX Nobles counties. OR ROCK RIVER WATERSHEDS IN LINCOLN,PIPESTONE,MURRAY, ROCK AND NOBLES COUNTIES. See Enclosure 5-Critical Habitat for Topeka Shiner. PIPING PLOVER There are breeding populations Specifically designated areas of Charadrius melodus of piping plover present in a few critical habitat include Interstate locations along the shore of Lake Harbor in the Duluth-Superior of the Wood in Lake of the Harbor(Enclosure 4);and Morris Woods County. The recurring Point,Pine and Curry Islands, presence of piping plover has and Rocky Point in Lake of the been documented at Minnesota Woods County(Enclosure 4). Point and other areas in Duluth Harbor. Projects that impact beach and shallow water habitat of these areas must be coordinated with the St. Paul District to assure endangered species will not be affected. CANDA LYNX Mature forested areas in Cook, Specifically designated areas of Lynx canadensis Koochiching, Lake and St.Louis Cook,Koochiching,Lake,and St. counties Louis counties. See Enclosure 3- Critical Habitat for the Lynx in Minnesota. 2011-02988-KJU RG P-003-M N Attachment A Page 2 Species Known Populations Habitat WESTERN PRAIRIE FRINGED Populations of the western Wet prairies and sedge ORCHID prairie fringed orchard are meadows. P1a tanthera praeclara present in the portions of Clay, See Enclosure 6-Land Types Kittson,Lincoln,Nobles, Associated with Western Prairie Norman,Pennington,Pipestone, Fringed Orchid Populations. Polk,Red Lake,and Rock Counties shown in Enclosure 6. MINNESOTA DWARF TROUT LILY Recorded populations of North facing slopes and Erythronium propullans Minnesota dwarf trout lily occur floodplains in deciduous forest. along the Cannon River,Little See Enclosures 7—Areas of Cannon River,Zumbro River, recorded populations and known North Fork Zumbro River,and range of the Dwarf Trout Lily. Prairie Creek watersheds in Goodhue,Rice,and Steele Counties Minnesota in those areas shown in Enclosure 7. HIGGINS EYE PEARLYMUSSEL Chisago,Dakota,Goodhue, Mississippi and St.Croix Rivers Lampsilis higginsii Hennepin,Houston,Ramsey, Wabasha,Washington, Winona WINGED MAPLELEAF Chisago,Ramsey,Washington St.Croix River. Quadrula fragosa *Critical habitat is a term defined in the Endangered Species Act(ESA). It identifies geographic areas containing features essential for the conservation of a threatened or endangered species and may require special management considerations or protection. Pre-Settlement Wetland Areas With Major Watersheds & County Boundaries an roilp.„ ..„„ „,,,,,.. , ..,..... ,:impL, I('''N'ting 1401161011r. Lc.■r. cr 1r•'JL 1 nui ' , - ii r .M ZOE - ira , I imabiermil - .- iril viiirj , Todd Isom 50% - 80%4 Pre-settlement Wetland Areas ��141 �.. Major Watersheds t X [ I Counties lae Od PaAS `� • _ VYdNFgpe" �••� w i‘t,,�, ♦.<.,50% , 0 if pp-bno I y ,,..f`,~ vrNOnvnu auo Er,� >._. 11,11511 Man 7 kIMINIL AMIti Enclosure 1 to 2011-02988-KJU RGP-003-MN Wetland Bank Service Areas With Major Watersheds & I County Boundaries a a ...._ .__ .. ...__.... ,.. � Lake of w i lhe'VVoods Wttson li Roseau 0 71 I • 69 -„ .-..�r i - 1 y�J] V r E8 Marshal _ 'WOW , < Louis I ,, , Remington Beleaml 67 53— KobcNching lk SS , Cook Red Lake I• .—��� I +_ ,i,„ ,. Polk e. }' Lake ^(?i I Itasca „1 '” Mahnom Cl anv ler:- ligir Norman 2.• r it (r! Ef - Clay !Hubbard 4 4 Becker 2 -i 5 11 czn. t f �� Wetland Bank Service Areas Ober ^Iti.. ip _H T I q Y • - Carlton 1 13 0 atldn .F 2 14! 2. ■//�► g . W enn - U Pine . Douglas Todd ' Morrison Kanabec ' '- },1 4 Grant t e 5 Traverse; _ V St 1...1 a„' ams �, eon Pope 6 Benton - I anti ' ` Big Sherburne - Chisago 7 •Stone I 'Kandiyohi (,1 '9/ Swift --. -- l� o Meeker 'if Anoka k. O lib Chippewa ... 20- I Washington 1 S l maey + LParte l - - Hennepin I 1r a _ _ - McLeod - ru..• 0 ..4' Renvitle _CarverY �,tYellow ,, .. ,. ^_/-MedlGne !,ky Scott Dakota I Major Watersheds Sibley (-^s ,-5 f'Lincoln -- z� , LaSoem r-- / I Counties Goodhue.. I---11111111111141111 81 27 Lyon Redwood Rice I �- - _- r Brown Nicollet ^ I C--� Vyab ha g r- .2.9 4 1 _ay Q -7,---j—_ (' Murray 1"....r."'. .. 31 Blue ' Steele (J Vdnona es Watonwan I Forth I Waseca~ .. Y� pipe-stone ton , Cottonwood 32 OI_sledJ Rock 8 - r -- .. Houston 1 r• �. --- '7I0- J Mower Fltlmore' NI u� k` ¢ [I O Nobles Martin Ferbauk I Freeborn- 44 Enclosure 2 to 2011-02988-KJU RGP-003-MN Enclosure 3 to 2011-002988-KJU RGP-003-MN • al r, . t _ t c) o o , or.; x , , ,,, . , o� Cook ,. w Lake Grand Mslis '��r1 o '' • W.� ,% -rte a Virgin's VI t 4 r` t1�1 Itasca rtf ,r o ./ Map Features N J ■ 4 '' cmi�Habitat • a State Boundary tl�k. I— County Boundaries Map Location •Aitkin �� _' Major Roads ::i� Cities �%k • r Duluth ;Rao. !Critical Habitat forLynx canadensis (Canada Lynx),Unit 2-Minnesota 10 Sm Minnesota Canada lynx critical habitat in Cook, Koochiching, Lake,and St. Louis Counties, Minnesota. Enclosure 4 to 2011-002988-KJU RGP-003-MN 'Map 2:Units MN/W1-1.WI-1,WI-2,Wl- ST.LOUIS 7 ?,:CSTe+_•,a-!;CS o G S�t4 �F1GF 3 U G °V 1 Dui, L r''� '� Q -:f 61 WIC MINNESOTA t,,,',w1-1 (----" Supencr Z { r -,..< I 1CuXLAS j WISCONSIN ASHLAND N 30 0 30 blometers A Interstate Island in the Duluth/Superior Harbor in St. Louis County, as critical habitat for the Great Lakes piping plover breeding population in Minnesota. Piping Plover Critical Habitat nail(Minnesota-Lake Of The Woods) Morris Point, Pine Aoxky Pelw1 _ Lude 1.-0 and Curry Islands, Arnesen p and Rocky Point in ALake of the Woods `L in Lake of the �'� $N Woods County, as \ critical habitat for the northern I"ue&Corr)Wand f''''l� Great Plains � M1lor_ _,•�'" ) piping plover •. rix Pornr — 57}^-- ' breeding -1 Wheelers Polnt, ? population in ,( Minnesota. •° - e"w" Mop r.erotlou ^r al Piping Player Critical Habitat .Mi County Boundary u .. r.e a,v_.....r.n,,,. ,q... uo._..m r _o.... .. ai.r..�.,,,. i �„aF ,,.a..... r ,,.n....,..n, eK.. ,..•...,-, ..... i Enclosure 5 to 2011-02988-KJU RGP-003-MN Legend i i lxr:4ny:.W'vws --- -rt,>$3,N,24.3 4 I \ 'nylaw 1 Xi 1 _ ' ;i' , -4it 7, ,,,t, S yy t" 3 4411 ! t.. Federally Designated Critical Habitat and recorded Occurrences of Topeka Shiner Critical habitat and recorded occurrences of the Topeka Shiner in the Big Sioux and Rock River Watersheds in Lincoln, Pipestone,Murray, Rock and Nobles Counties,Minnesota. Enclosure 6 to 2011-02988-KJU RGP-003-MN I I M r5 \.,AI\ _ ; _- „- 1J_ \ I 1 Lk ____ J I ivio 1 I i ..1 'A 'V 1 0 x;; k i \\*§t, A ■ ......._ ifJ j 1 a; li - j ,I "11 110111P- or Mit. Ua,O in i , JIf&t: ' iiirh. o0-bw • . ta Land Types Associated with Western Prairie Fringed Orchid Populations -I2S.� ME N„ =251/401 =mum Land Types associated with western ' prairie fringed orchid in the NW and SE areas of the State of Minnesota. Enclosure 7 to 2011-02988-K1U RGP-003-MN T T , ,, u.a a1 S YL9I Dakota. j '.*\\ Il 4M1 "" Location of recorded ;4 \ populations of Minnesota \,t�, �,tl, a Dwarf Trout Lily in Goodhue, r j ... Rice,and Steele Counties, '')...4-'' I Minnesota. \ vu,a:c_. Dodge .,!. r-— N Minnesota Dr+ud Trout 4N-Potonud RwNn.4 ._-- 11*-- Sethi I r ,i I , i ; OLGA/ \i \ Known Range of the 1411. Minnesota Dwarf Trout Lily ...., in the Cannon River,Little Cannon River,Zumbro River, North Fork Zumbro River, and Prairie Creek �' 41000. Watersheds in Goodhue, Ay �r, f Rice,and Steele Counties, –r` 1 i Minnesota. i i W. $, ,*.�....... j I Kntmn Range of the Dwarf Trout Lily r Iii �wf United States Department of the Interior NATIONAL PARK SERVICE • i• St.Croix National Scenic Riverway 401 Hamilton Street CH 3 sA St.Croix Falls,Wisconsin 54024 IN REPLY REFER TO August 14,2013 L2415 (SACN) Mr. Thomas Hingsberger Central Permits Section U.S. Army Corps of Engineers Army Corps of Engineers Centre 180 Fifth Street East Suite 700 St. Paul, Minnesota 55101-1678 Dear Mr. Hingsberger: The National Park Service(NPS)has reviewed the permit application from the Metropolitan Council to replace the existing wastewater treatment outfall at the St. Croix Valley Wastewater Treatment Plant. The existing outfall pipe is corroded. Construction will occur from both the land and via a barge in the St. Croix River. The outlet structure is located below the ordinary high water mark of the St. Croix River in Washington County,Minnesota. The location of the proposed outlet structure is within the State-administered zone of the Lower St. Croix National Scenic Riverway(Riverway).The Riverway was established under the Wild and Scenic Rivers Act(Public Law 90-542)(the Act)to protect and enhance its free-flowing character, water quality,and outstanding scenic, aesthetic, geologic, and recreational resource values. Section 7(a)of the Act provides substantial protection to the Riverway. It states that: "no department or agency of the United States shall assist by loan, grant, license or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary charged with its administration." Any project requiring a Section 10/404 permit from the Corps, including replacement of the outlet structure is considered a water resources project. While the project is within the State-administered zone,the NPS retains responsibility for evaluating projects and making determinations under Section 7(a) of the Act. The NPS has determined, under Section 7(a)of the Act,that the project would not have a direct and adverse effect on the values for which the Riverway was designated provided that Best Management Practices are incorporated to minimize soil erosion and sedimentation and decontamination procedures are followed to insure that construction barges are free of zebra mussels and other aquatic invasive species. These measures should be included as part of any permit issued for the project. Thank you for the opportunity to comment. If you have any questions,please contact Ms.Jill Medland of our staff as 715-483-2284. Sincerely, AICIAA \,42,,,,.., _,.. l'S:' ,..:,.— Christopher E. Stein Superintendent cc: Molly Shodeen, MnDNR,molly.shodeen @dnr.state.mn.us b HatanarBnnd 45.606 Eye-Eau° �/ I ' ,7„..? rte. �. 45-306 2-Pack c1<< L re!X W d✓ P/300 Pn1Md By c /7 774*,// 'k-e.plelc..CMt..J By - 1 2.. 3 4 5 8 • Wuk o� 3- 7-/S- 3-/'/-/S 2-Al-1 S ?-A f-/S ../44G ? M rorf et fa-f1 rn?of? . (lion', 1 . 1 2 Plop 6i/lZalraN '� 2 3 Se-4%/p ay Pa S 3 4 RttiVei' f' rt . . _ M 4 5 L Gvvot 7,P-e. _.r.-. _. 5 6 R 1.�..2y?Ru , . , --- 6 7 1/1 c.c , ,Lro -- 7 8 8 9 • 9 $ - - 10 10 11 11 12 12 13 , , 13 14 14 15 15 16 16 C 17 17 , 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 . _ 31 32 32 33 33 34 _ 34 35 35 36 _ 36 37 37 • 38 38 39 _ 39 40 40