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2005-08-25 Dept of Army Review~ ,~ REPLY TO ATTENTION OF Operations Division Regulatory (2005-5370-JMK) Mr. Larry Kruse City of Albertville 5975 Main Avenue NE Albertville, Minnesota 55301 Dear Mr. Kruse: DEPARTMENT OF THE ARMY St. Paul District Corps of Engineers 190 Fifth Street East St. Paul, Minnesota 55101-1683 AUG 2 ~ L r i. ~.. We have reviewed information about your project to place an 8-inch watermain pipe using the directional bare method beneath Mud Lake. The crossing is 260 feet long. The project site is in SE 1/4 NE 1/4 Sec. 36, T. 121N., R. 24W., Wright County, Minnesota. The work proposed at the location stated is not within the regulatory jurisdiction of the Corps of Engineers. No work will be done in a navigable water of the United States, and no dredged or fill material, including that associated with mechanical land clearing, will be discharged in any water of the United States, including wetlands. Therefore, a Department of the Army permit is not required to do this work. This letter is valid only for the project referenced above. If any change in design, location, or purpose is contemplated, contact this office to avoid doing work that may be in violation of Federal law. PLEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL, OR OTHER AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL RESOURCES OR COUNTY. The decision regarding this action is based on information found in the administrative record which documents the District's decision-making process, the basis for the decision, and the final decision. If you have any questions, contact Judi Kolb in our St. Paul office at (651} 290-5361. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, .~~~~ ~! Robert J. Whiting Chief, Regulatory Branch Reference MDNR No. 144-065-6223 Printed on ®Recycled Paper JURISDICTIONAL DETERMINATION U.S. Army Corps of Engineers Revised 8/13/04 DISTRICT OFFICE: St. Paul District FILE NUMBER: 2005-5370-JMK PROJECT LOCATION INFORMATION: State: Minnesota County: Wright Center coordinates of site (latitude/longitude): 45.24776 -93.64803 Approximate size of area (parcel) reviewed, including uplands: acres. Name of nearest waterway; Mud Lake Name of watershed: Mississippi River JURISDICTIONAL DETERMINATION Completed: Desktop determination ® Date: August 25, 2005 Site visit(s) ^ Date(s): Jurisdictional Determination (JD): Preliminary JD -Based on available information,[] there appear to be (or) ^ there appear to be no "waters of the United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331). Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331). Check all that apply: ^There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: =There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: ^There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area. ^Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A• Waters defined under 33 CFR part 329 as "navigable waters of the United States": The presence of waters that are subject to the ebb and flow of the ride and/or are presently used, or have been used in the past, or may be susceptible for use to transnort interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States": ^ (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including al] waters which are subject to the ebb and flow of the tide. ^ (2) The presence of interstate waters including interstate wetlands. ^ (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce including any such waters (check all that apply); ^ (i) which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ (iii) which are or could be used for industrial purposes by industries in interstate commerce. ^ (4) Impoundments of waters otherwise defined as waters of the US. ® (5) The presence of a tributary to a water identified in (1) - (4) above. ^ (6) The presence of territorial seas. ® (7) The presence of wetlands adjacentz to other waters of the US, except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. If B(1) or B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i. e., discuss site conditions, including why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, S or 6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency determination: Mud Lake is a tributary to the Mississippi River, a navigable water of the United States. Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329) ^ Ordinary High Water Mark indicated by: ^ High Tide Line indicated by: ^ clear, natural line impressed on the bank ^ oil or scum line along shore objects ^ the presence of litter and debris ^ fine shell or debris deposits (foreshore) ^ changes in the character of soil ^ physical markings/characteristics ^ destruction of terrestrial vegetation ^ tidal gages ^ shelving ^ other: ^ other: ^ Mean High Water Mark indicated by: ^survey to available datum; ^physical markings; ^ vegetation lines/changes in vegetation types. FILE NUMBER: 2005-5370-JMK ^ Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Basis For Not Asserting Jurisdiction: "The reviewed area consists entirely of uplands. ^Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7). ^Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3). ^ The Corps has made acase-specific determination that the following waters present on the site are not Waters of the United States: ^ Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3. ^ Atificially irrigated areas, which would revert to upland if the irrigation ceased. Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing. ^ Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ^ Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ^ Isolated, intrastate wetland with no nexus to interstate commerce. ^ Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale: ^ Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ® Other (explain): No discharge of fill material into Mud Lake or adjacent wetlands DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply): Maps, plans, plots or plat submitted by or on behalf of the applicant. Data sheets prepared/submitted by or on behalf of the applicant. ^ This office concurs with the delineation report, dated ,prepared by (company): ^ This office does not concur with the delineation report, dated p repared by (company): ^ Data sheets prepared by the Corps. ^ Corps' navigable waters' studies: ^ U.S. Geological Survey Hydrologic Atlas: ~ U.S. Geological Survey 7.5 Minute Topographic maps: ^ U.S. Geological Survey 7.5 Minute Historic quadrangles: ^ U.S. Geological Survey I S Minute Historic quadrangles: ^ USDA Natural Resources Conservation Service Soil Survey: ® National wetlands inventory maps: ^ State/L,ocal wetland inventory maps: ^ FEMA/FIRM maps (Map Name & Date): 100-year Floodplain Elevation is: (NGVD) ® Aerial Photographs (Name & Date): ^ Other photographs (Date): ^ Advanced Identification Wetland maps: ^ Site visit/determination conducted on: ^ Applicable/supporting case law: ^ Other information (please specify): et an s are i enh ~e an a meate using a met s an cntena esta ~s e m t e orps et e meaUon anua anua i.e., occurrence of hydrophytic vegetation hydric soils and wetland hydrology). ZThe term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. MINNESOTA DEPARTMENT OF HEALTH Division of Environmental Health REPORT ON PLANS Plans and specifications on watermain: Hunter's Pass Estates Street and Utility Project, Albertville, Wright County, Minnesota, Plan No. 060406 OWNERSHIP: City of Albertville~innesota B 530119776 r, Clerk, Albertville City Hall, 5975 Main Avenue NE, Albertville, M SUBMITTER(S): Meyer-Rohlin, Inc., 1111 Highway 25 Norfh, Buffalo, Minnesota 55313 Plans Dated: Date Received: August 15, 2005, July 29, 2005 Date Reviewed: August 25, 2005 SCOPE: This report covers the design of this esoto thiss~ oa ect only and not tostheten ireusy em or any othe~ part public consumption maybe affected, and apple p J thereof. The examination of plans is based upbeen obtained to construct t e p~ ~e hicThe respo~ibilty for the correct, and that necessary legal authority ha design of structural features and the efficiency oeeu cement included withthis reported designer. Approval is contingent upon satisfactory disposition of any r q Water supply plans are examined with regard to thmao affect~the safety and an tart' qualaty of the watehe design and maintenance of all parts of the system which y Examination is based on the standards of this deparM:ent. This project consists of the installation of the following watermains: 1. 991ineal feet of 4-inch PVC watermam. 2. 2171ineal feet of 6-inch PVC watermam. 3. 5,366 lineal feet of 8-inch PVC watermain. REQUIREMENT(S): 1. It is understood that the installation will be in accordance with previously approved City Engineers Association of Minnesota Watermain Specifications, 1999 edition. 2. The disinfection of the watermain shall be p leted watermam shall be d smfected ford 24 hours w th a t eastr continuous feed methods are used, the comp 50 ppm available chlorine, with a residual of at least 10 ppm throughout the length of the main at the end o the 24-hour period. 3. It is preferred that the watermain not run under storm sewer catch basins. 4. A minimum horizontal separatioon nd s0 tionslof building drain and building sewer p pe located w thin er, whenever possible. All undergr 10 feet horizontally of undergroundll water service p p g shall mee he requirements of the Minnesotata Rules, part 4715.1710, subpart 2. A Plumbing Code, Minnesota Rules, Chapter 4715.