Home

St. Paul District

Run scraper

Minnesota Department of

Basic information

Fill out these two fields at minimum.

— or —

How Big?

Where?

Links to source documents

Raw text

You can copy from here when filling out the rest of the page.

PUBLIC NOTICE: The Minnesota Department of Transportation (MnDOT) proposes to discharge dredged or fill material into 2.07 acres of wetlands at seven sites and 475 linear feet (0.14 acre) of three tributaries.

PROJECT DESCRIPTION AND PURPOSE: The Minnesota Department of Transportation (MnDOT) proposes to discharge dredged or fill material into 2.07 acres of wetlands at seven sites and 475 linear feet (0.14 acre) of three tributaries. The proposed work would be conducted in association with the construction of two right turn lanes, shoulder widening, ditch grading, and the replacement of three culverts along the 10-mile-long segment of TH 46 (SP 3109-41).

APPLICANT:

Minnesota Department of Transportation, c/o Ms. Staci Cann

REFER TO:

2017-01777-BGO

Public Notice ISSUED: October 19, 2017 EXPIRES: November 17, 2017

SECTION:404 - Clean Water Act

1. APPLICATION FOR PERMIT TO discharge dredged or fill material into 2.07 acres of wetlands at seven sites and 475 linear feet (0.14 acre) of three tributaries. 2. SPECIFIC INFORMATION APPLICANT'S ADDRESS: Minnesota Department of Transportation c/o Ms. Staci Cann 3920 Highway 2 West Bemidji, Minnesota 56601 PROJECT LOCATION: The proposed project is located along an approximately 10-mile-long segment of Trunk Highway (TH) 46 within the exterior boundaries of the Leech Lake Band of Ojibwe Reservation near Deer River, Minnesota. The aquatic resource impact sites are located in Sections 20, 26, and 27, Township 145 North, Range 25 West; Sections 11 and 13, Township 145 North, Range 26 West; and Section 32, Township 146 North, Range 26 West, Itasca County, Minnesota. The approximate coordinates of the sites start at Latitude 47.34 and Longitude -93.814 and end at Latitude 47.413 and Longitude -93.992. DESCRIPTION OF PROJECT: The Minnesota Department of Transportation (MnDOT) proposes to discharge dredged or fill material into 2.07 acres of wetlands at seven sites and 475 linear feet (0.14 acre) of three tributaries. The proposed work would be conducted in association with the construction of two right turn lanes, shoulder widening, ditch grading, and the replacement of three culverts along the 10-mile-long segment of TH 46 (SP 3109-41). Northbound right turn lanes would be constructed at the intersections of Morse Road and County Road 44, shoulder widening would occur along southbound TH 46 at the intersection of TH 2, and ditch grading would occur at several locations to maintain existing drainage patterns. The proposed shoulder widening along southbound TH 46 would be constructed to provide safe refuge for securing semi-tractor trailer loads before turning onto TH 2. The following work would be conducted at each culvert replacement site: 1. Station 297+38.5 (Tributary 1) ­ Remove in-place twin 48-inch by 77-foot-long corrugated metal pipe (CMP) culvert at the TH 46 crossing over an unnamed tributary to the Mississippi River. Install a new 88-inch by 64-inch by 76-foot-long reinforced concrete pipe (RCP) culvert with aprons, grates, and riprap protection. The new culvert would be set at the same elevations as the exiting CMP's. 2. Station 385+75 (Tributary 2) ­ Remove in-place 10-foot by 10-foot by 56-foot-long box culvert with aprons (Bridge #5623) at the TH 46 crossing over Fishermans Brook. Install a new 12-foot by 10-foot by 100-foot-long reinforced concrete box culvert with precast end sections and riprap protection (Bridge 31X10). The new box culvert would be buried 2 feet so the effective waterway opening is 12-foot by 8-foot.

Regulatory Branch (File No. 2017-01777-BGO) 3. Station 526+07 (Tributary 3) ­ Remove in-place 38-inch by 57-inch by 68-foot-long CMP with aprons at the TH 46 crossing over the Ball Club River. Install a new 58-inch by 36inch by 78-foot-long RCP culvert with aprons and riprap protection. The new culvert would be set at the same elevations as the existing CMP. QUANTITY, TYPE, AND AREA OF FILL: The proposed project would result in the following impacts to aquatic resources: 1. The placement of permanent fill material into 0.30 acre of fresh (wet) meadow (Type 2) wetlands, 0.36 acre of shrub-carr (Type 6) wetlands, and 475 linear feet (0.14 acre) of three tributaries for the construction of the new turn lanes and the replacement of the existing culverts. 2. The permanent excavation of 0.30 acre of shrub-carr wetlands for ditch grading within Wetlands 4-6. 3. The placement of temporary fill material into 0.57 acre of wet meadow wetlands and 0.54 acre of shrub-carr wetlands for the stockpiling of existing topsoil during construction. The proposed temporary impacts would remain in place for up to 30 days. At the end of this timeframe, all temporary fills would be removed in their entirety and the affected wetland areas restored to pre-construction contours and elevations, and reseeded with a native wetland seed mix. The existing topsoil would then be used to reshape the new roadside ditches within the impacted wetland areas. These locations would also be reseeded with a native wetland seed mix. VEGETATION IN AFFECTED AREA: The wetlands within the project area consist of fresh (wet) meadow (Type 2) wetlands and shrub-carr (Type 6) wetlands. SOURCE OF FILL MATERIAL: Fill material would either be obtained from a commercial source or excavated on-site. MnDOT or their contractor would be required to use suitable fill material free of pollutants. SURROUNDING LAND USE: The proposed project is located along an existing highway corridor. Surrounding land use includes undeveloped forest lands and scattered residential properties. DESCRIPTION OF STRUCTURE: See "DESCRIPTION OF PROJECT," above, for additional information on the proposed culvert replacement sites. DESCRIPTION OF DREDGING OR EXCAVATION: MnDOT would conduct approximately 0.30 acre of permanent excavation (cut) activities in wetlands. See "QUANTITY, TYPE, AND AREA OF FILL," above, for additional information on the proposed excavation impacts. THE FOLLOWING POTENTIALLY TOXIC MATERIALS COULD BE USED AT THE PROJECT SITE: The applicant does not propose to use any potentially toxic materials. All fill material used on-site would be free of contaminants. THE FOLLOWING PRECAUTIONS TO PROTECT WATER QUALITY HAVE BEEN DESCRIBED BY THE APPLICANT: MnDOT has not provided a detailed description of precautions to protect water quality during the construction of the proposed project. MnDOT intends to implement best management practices in accordance with federal, state, and local Page 2 of 5

Regulatory Branch (File No. 2017-01777-BGO) water quality and effluent standards. MITIGATION: Appropriate compensatory mitigation would be required to offset unavoidable impacts to waters of the U.S. MnDOT proposes to satisfy those requirements by debiting Corps-approved wetland credits from a mitigation bank, serving Bank Service Area 5. 3. FEDERALLY-LISTED THREATENED OR ENDANGERED WILDLIFE OR PLANTS OR THEIR CRITICAL HABITAT. None were identified by the applicant or are known to exist in the permit area. However, Itasca County is within the known or historic range of the following Federally-listed species: Northern Long-Eared Bat

Hibernates in caves and mines ­ swarming in surrounding wooded areas in autumn. Roosts and forages in upland forests during spring and summer.

Canada lynx

Northern forest.

Gray wolf

Northern forest.

Rusty patched bumble bee

Grasslands with flowering plants from April through October, underground and abandoned rodent cavities or clumps of grasses above ground as nesting sites, and undisturbed soil for hibernating queens to overwinter.

This application is being coordinated with the U.S. Fish and Wildlife Service. Any comments it may have concerning Federally-listed threatened or endangered wildlife or plants or their critical habitat will be considered in our final assessment of the described work. 4. JURISDICTION This application is being reviewed in accordance with the practices for documenting Corps jurisdiction under Sections 9 & 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act identified in Regulatory Guidance Letter 08-02. 5. SECTION 401 WATER QUALITY CERTIFICATION The United States Environmental Protection Agency (EPA) is responsible for water quality certification pursuant to Section 401 of the Clean Water Act (Section 401, or water quality certification) within the exterior boundaries of the Leech Lake Reservation in Minnesota. Valid Section 404 permits cannot be issued for any activity unless water quality certification for the activity is granted or waived pursuant to Section 401. A copy of this notice and the applicant's Section 404 permit application form has been provided to the EPA, who will evaluate this proposal for water quality certification. If EPA needs any additional information in order for the Section 401 application to be considered complete, the EPA has indicated that it will request such information from the applicant.

Page 3 of 5

Regulatory Branch (File No. 2017-01777-BGO) 6. HISTORICAL/ARCHAEOLOGICAL This public notice is being sent to the National Park Service and the State Archaeologist for their comments. The Corps will review information on known cultural resources and/or historic properties within and adjacent to the project area. The Corps will also consider the potential effects of the project on any properties that have yet to be identified. The results of this review and the Corps' determination of effect will be coordinated with the State Historic Preservation Officer independent of this public notice. Any adverse effects on historic properties will be resolved prior to the Corps authorization, or approval, of the work in connection with this project. The latest version of the National Register of Historic Places has been consulted and no listed properties (known to be eligible for inclusion, or included in the Register) are located in the project area. 7.

PUBLIC HEARING REQUESTS

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, in detail, the reasons for holding a public hearing. A request may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served. 8. PUBLIC INTEREST REVIEW The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered, including the cumulative effects. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production and, in general, the needs and welfare of the people. Environmental and other documents will be available for review in the St. Paul District Office. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. 9.

REPLIES/COMMENTS

Interested parties are invited to submit to this office written facts, arguments, or objections within 30 days of the date of this notice. These statements should bear upon the suitability of the

Page 4 of 5

Regulatory Branch (File No. 2017-01777-BGO) location and the adequacy of the project and should, if appropriate, suggest any changes believed to be desirable. Comments received may be forwarded to the applicant.

Replies may be addressed to: Regulatory Branch St. Paul District Corps of Engineers 180 Fifth Street East, Suite 700 St. Paul, MN 55101-1678 Or, IF YOU HAVE QUESTIONS ABOUT THE PROJECT, call Benjamin Orne at the St. Paul office of the Corps, telephone number (651) 290-5280. To receive Public Notices by e-mail, go to: http://mvp-extstp/list_server/ and add your information in the New Registration Box.

Desiree Morningstar Chief, Technical Services Section Enclosures: See attached MVP-2017-01777-BGO, Page 1-29 of 29. NOTICE TO EDITORS: This public notice is provided as background information and is not a request or contract for publication.

Page 5 of 5

MVP-2017-01777-BGO, Page 1 of 29

Wetland #7 Tributary #3

Wetland #6 Tributary #2 Wetland #5 Tributary #1

Wetland #4

Wetlands #1, #2 and #3

Permanent Fill Temporary Fill Cut 0 0.375 0.75

1.5

2.25

3 Miles

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

r

MnDOT District 2 TH 46 Wetland Reveiw Location Map STATE PROJ. NO.

3109-41

MVP-2017-01777-BGO, Page 2 of 29

Wetlands #1, #2 and #3

Wetland #2 Permanent Fill 0.13 ac.

Wetland #2 Temporary Fill 0.20 ac.

Wetland #3 Temporary Fill 0.37 ac.

Wetland #3 Permanent Fill 0.14 ac.

Wetland #1 Permanent Fill 0.03 ac.

Permanent Fill Temporary Fill Cut 0 0.0125 0.025

0.05

0.075

0.1 Miles

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

r

MnDOT District 2 TH 46 Wetland Reveiw Location Map STATE PROJ. NO.

3109-41

MVP-2017-01777-BGO, Page 3 of 29

MVP-2017-01777-BGO, Page 4 of 29

MVP-2017-01777-BGO, Page 5 of 29

MVP-2017-01777-BGO, Page 6 of 29

MVP-2017-01777-BGO, Page 7 of 29

MVP-2017-01777-BGO, Page 8 of 29

MVP-2017-01777-BGO, Page 9 of 29

MVP-2017-01777-BGO, Page 10 of 29

MVP-2017-01777-BGO, Page 11 of 29

MVP-2017-01777-BGO, Page 12 of 29

Wetland #4

Wetland #4 Permanent Cut 0.11 ac.

Wetland #4 Temporary Fill 0.16 ac.

Wetland #4 Permanent Fill 0.10 ac.

Permanent Fill Temporary Fill Cut 00.0075 0.015

0.03

0.045

0.06 Miles

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

r

MnDOT District 2 TH 46 Wetland Reveiw Location Map STATE PROJ. NO.

3109-41

MVP-2017-01777-BGO, Page 13 of 29

MVP-2017-01777-BGO, Page 14 of 29

MVP-2017-01777-BGO, Page 15 of 29

MVP-2017-01777-BGO, Page 16 of 29

MVP-2017-01777-BGO, Page 17 of 29

Wetland #5, Tributary #1

Wetland #5 Permanent Cut 0.05 ac.

Wetland #5 Temporary Fill 0.08 ac.

Wetland #5 Permanent Fill 0.06 ac.

Tributary #1 Permanent Fill 0.05 ac. 165 linear ft.

Permanent Fill Temporary Fill Cut 0 0.00375 0.0075

0.015

0.0225

0.03 Miles

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

r

MnDOT District 2 TH 46 Wetland Reveiw Location Map STATE PROJ. NO.

3109-41

MVP-2017-01777-BGO, Page 18 of 29

MVP-2017-01777-BGO, Page 19 of 29

MVP-2017-01777-BGO, Page 20 of 29

MVP-2017-01777-BGO, Page 21 of 29

Wetland #6, Tributary #2

Tributary #2 Permanent Fill 0.06 ac. 180 linear ft.

Wetland #6 Permanent Fill 0.17 ac.

Wetland #6 Permanent Cut 0.13 ac.

Wetland #6 Temporary Fill 0.20 ac.

Permanent Fill Temporary Fill Cut 0 0.00375 0.0075

0.015

0.0225

0.03 Miles

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

r

MnDOT District 2 TH 46 Wetland Reveiw Location Map STATE PROJ. NO.

3109-41

MVP-2017-01777-BGO, Page 22 of 29

MVP-2017-01777-BGO, Page 23 of 29

MVP-2017-01777-BGO, Page 24 of 29

MVP-2017-01777-BGO, Page 25 of 29

Wetland #7, Tributary #3

Wetland #7 Temporary Fill 0.10 ac.

Wetland #7 Permanent Fill 0.03 ac.

Permanent Fill Temporary Fill Cut 0 0.00375 0.0075

0.015

0.0225

0.03 Miles

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

r

MnDOT District 2 TH 46 Wetland Reveiw Location Map STATE PROJ. NO.

3109-41

MVP-2017-01777-BGO, Page 26 of 29

MVP-2017-01777-BGO, Page 27 of 29

MVP-2017-01777-BGO, Page 28 of 29

MVP-2017-01777-BGO, Page 29 of 29

Rough impact

We use the fields in this section to decide whether to conduct an in-depth review.

Permit Manager

Dates

Identity numbers

Permits, certifications, and locations related to this particular notice

History of edits

Data are available as CSV download in the following schemas