2002-02-26 Dept of Army Authorization Grade and FillDEPARTMENT OF THE ARMY ~~' ~'~~~.
ST. PAUL DISTRICT, CORPS OF ENGINEERS
ARMY CORPS OF ENGINEERS CENTRE ~! ~ i
190 FIFTH STREET EAST
ST. PAUL, MN 55101-1638
REPLY TO February 26, 2002.
ATTENTION OF
Construction-Operations
Regulatory (02-02274-LP-GAE)
Ms. Linda Goeb
City of Albertville
5975 Main Avenue NE
P.O. Box 9
Albertville, Minnesota 55301
Dear Ms. Goeb:
Authority is hereby granted for a project proposed by the
City of Albertville to grade and fill a total of 1.48 acres of
wet meadow (Type 2) wetland to facilitate the construction of a
commercial/industrial park (Northwest Commercial Park) north of
and adjacent to the Albertville Mall on Interstate Highway 94.
The project site is in Section 35, T. 121 N., R. 24.W., of Wright
County, Minnesota.
The authorized work is shown on the enclosed drawings
numbered 200202274, Figure 1 through Figure 3, which are hereby
incorporated as part of this Letter of Permission. This
authorization is issued under the provisions of GP/LOP-98-MN (MN
LOP-B) .
This action is based upon the recommendation of the Chief of
Engineers and under the provisions of Section 404 of the Clean.
Water Act (33 U.S.C. 1344). The authorization is subject to the
enclosed General, Standard, and following Special Conditions:
1. As mitigation for the wetland to be lost as a
result of the proposed activity, the permittee shall create 2.32
acres of (Type 2) wetland at three on-site locations by
excavating upland areas to create depressions and lining these
basins with topsoil to provide a seed source or planting bed for
forbs and hydrophytes. To supplement the revegetation of these
new or created wetland areas, the perimeter of the basins will be
seeded with the seed mixture shown on the enclosed Exhibit A.
2. In creating the wet meadow wetlands on-site, the
permittee shall establish and maintain vegetated buffers,
totaling 0.49 acre in size, around the mitigation sites to
promote the establishment of natural wetland functions and values.
within these basins.
3. The mitigation measures shall be implemented prior
to or concurrent with the proposed wetland alteration work.
4. All excavated material from the mitigation sites
that is not specifically used for the mitigation work or in the
Printed on ~ ~ Recycled Paper
- 2 -
development of the project site, shall be hauled to an approved
upland disposal site.
5. To protect and maintain the integrity and
environmental values associated with the remaining wetland on the
property, including the mitigation sites, the permittee shall not
use these wetlands as stormwater management basins. An upland
stormwater management system, located outside the. limits of these
wetland areas, shall be constructed by the permittee for this
purpose.
6. The permittee shall monitor the development of the
wetland at the on-site mitigation areas and provide the St. Paul
District, Corps of Engineers, with a report and photographs
documenting the establishment of these basins on an annual basis
to substantiate the functioning of these new ecosystems. The
first report and photographs shall be submitted by June 1, 2002,
and each year thereafter by June 1, for a period of five years.
7. The permittee shall take all necessary precautions
to minimize soil erosion and sediment loading of remaining
wetlands within the project area that may be affected by the
proposed development. Sedimentation and erosion control devices
shall be used during construction activities to prevent siltation
of these basins.
Please be advised that since the project will disturb more
than five acres of land, the City should apply to the Minnesota
Pollution Control Agency (MPCA) for coverage under a general
National Pollutant Discharge Elimination System (NPDES) permit.
This permit requires that best management practices be used to
control erosion during construction, and a stormwater management
plan be developed to manage pollutants in stormwater runoff from
the site that will occur after construction is complete. The
individual to contact at MPCA concerning this matter is Mr.
Lawrence Zdon at 651-297-8219.
The time limit for completing this authorized work ends
January 31, 2005 OR two years from the date of this letter,
whichever occurs later.
This Federal authorization does not permit you to commence
the proposed activity without first obtaining any necessary State
and/or local permits.
- 3 -
If you disagree with the enclosed jurisdictional
determination, you may provide new information or appeal the
jurisdictional determination. Please follow the directions in
Section D of the enclosed Notification of Administrative Appeal
Options and Process and Request for Appeal.
If this letter of permission is not acceptable and you would
like to appeal the permit decision, please follow the directions
in Section A of the enclosed Notification of Administrative
Appeal Options and Process and Request for Appeal.
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, call Gary Elftmann of this office
at (651) 290-5355.
Sincerely,
______
~_
....~..~
Robert L. Bal
Colonel, Corps of Engineers
District Engineer
Enclosures
Copy furnished:
Mr. Deric Deuschle
Short Elliott Hendrickson, Inc.
~~X/y/.t4~ i ~ .
WET MEADOW SEED MIXTL7RE
Seeding Rate
Common Name (Species, ~Pou` e)
Wfid mr7let (Echinochloa crusgalli) 5.0
Annual rye (Lolium mulnf forum). ~ 5.0
Perennial rye (Loliurn perenne) 12.0
ALs~7ce clover (?fifolium hybndum) S.0
Native Seed Mix (see below) I0.0
37.0
Native Seed Mix -Incorporate As Many Species As Possible (Minimum of 2 Grasses/
Sedges and 4 Forbsl•
Grasses and Sedges:
Canada bluejoint grass (Calamagrostir canadenris)
Prairie cord-grass (Spartina pectvzata )1
Big bluestem (Andropogon gerardii)
Switch grass (Panicum vugatum) 2
Green bulrush (Scopus atrovirens)
Fox sedge (Carex vulpinoidea)
Forbs:
Swamp milkweed (Asclepius incarnata)
Angelica {Angelica atropurpurea)
Blue vervain (Verbena hastata)
New England aster (Aster novae-angliae)
Marsh aster (Aster simptez)
Joe-pye weed (Eupatorium maculatum)
Numerous other locally native species -consult nursery staff and tailor selection
to site specifics
Planting rhizomes is preferable to seeding because some seed stocks have very
low germination rates
ZUse only locally-collected seed
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A
licant:
Cit
f
o Albertville
File
Number:
200202274
PP Y :
26
Date:
Feb
2002
Attached is: See Section below
X INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTIONI `'The following identities your rights and options regarding an adrninistt'ative'appeal of the above
decision. Additional information inay be found at http://usace.anny,.niil/inet/functions/cw/cecwoh•eg or
Corps regulations at 33 CFR Part 331.
A. INITIAL PROFERRED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approve jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B. PROFFERED PERMIT: You may accept or appeal the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved 7D or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION II' -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for
the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed
to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF 'CONTACT FOR QUESTIONS OR INFORMATION.
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Division Engineer
Gary A. Elftmann c/o Martha S. Chieply, Appeal Review Office
U. S. Army Corps of Engineers, Regulatory Branch CEMVD
Army Corps of Engineers Centre, 190 East Fifth Street P. O. Box 80
Saint Paul, MN 55101 Vicksburg, MS 39181-0080
Telephone (651) 290-5355 Telephone (601) 634-5820
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
U_S ARMY CORPS OF ENGINEERS = ST. PAUL DISTRICT
REGULATORY BRANCH
BASIS FOR DETERMINATION OF SECTION 404 JURISDICTION
Applicant: City of Albertville
File Number: 200202274
~-A. Property referenced in the attached correspondence contains an area of water/wetland areas considered to be a
water of the United States because the area:
^ 1. is currently used, has been used in the past, or may be susceptible to use in interstate or foreign
commerce, i.e., navigable waters of the United States. [328.3(a)(1)]
^ 2. is interstate waters. [328.3(a)(2)]
^ 3. is an area the use, degradation, or destruction of which could affect interstate or foreign
commerce. [328.3(a)(3)]
^ a. is or could be used by interstate or foreign travelers for recreation or other purposes.
^ b. has fish or shellfish that are or could be taken and sold in interstate or foreign commerce.
^ c. is or could be used for industrial purposes by industries in interstate commerce.
^ 4. is an impoundment of waters/areas otherwise defined as waters of the United States. [328.3(a)(4)]
^ 5. is connected to or adjacent to a tributary of any waters/areas identified under paragraphs (1)
through (4) of 33 CFR 328.3(a). [328.3(a)(5)]
'~=- 6. contains wetlands or waters adjacent to waters/areas defined as waters of the U.S in paragraphs (1)
through (5) in 33 CFR 328.3 (a). [328.3(a)(7)].
^ B. The property referenced in the attached contains no water/wetland areas that meet any of the criteria described
above and therefore is not subject to Corps of Engineers jurisdiction under Section 404 of the Clean Water Act.
~ ,
Project Manager
Gary A. Elftm
Date G"~'~s°'~~'
Wetlands are identified and delineated using the methods and criteria established in the Corps of Engineers Wetland
Delineation Manual (87 Manual). Generally, wetlands are determined by the occurrence of hydrophytic vegetation,
hydric soils and wetland hydrology.
Edition of March 29, 2001. Previous editions obsolete.
GP/LOP-98-MN CONDITIONS
General Information.
As a general rule, all discharges of fill
or dredged material into any wetland or
water area require a Section 404 permit
from the Corps of Engineers. Persons
proposing such work should especially
note that, in ALL cases including the
non-reporting general permits , GP/LOP-
98-MN requires that adverse impacts on
water and wetland resources be avoided
and minimized to the maximum extent
practical. Discharges that would
adversely affect Federal endangered
plant or animal species or certain
cultural or archaeological resources, or
that would impinge or abrogate reserved
Native American treaty rights including,
but not limited to, reserved water rights
and treaty fishing and hunting rights,
are not eligible for authorization under
GP/LOP-98-MN.
The St. Paul District WWW site
(http://www.mvp.usace.army.mil) will
contain information that is helpful for
applicants.
General Conditions.
1. The time limit for completing work
authorized by the GP provisions of
GP/LOP-98-MN ends upon the expiration
date of GP/LOP-98-MN. The time limit
for completing work authorized by the
LOP provisions herein ends upon the
expiration date of GP/LOP-98-MN or
two years after the date of the Corps
authorization of the work under GP/LOP-
98-MN, whichever occurs later. If you
find that you need more time to
complete the authorized activity, submit
your request for a time extension to this
office for consideration at least three
months before the expiration date is
reached.
2. You must maintain the activity
authorized by GP/LOP-98-MN in good
condition and in conformance with the
terms and conditions of this permit. You
are not relieved of this requirement if
you abandon the permitted activity,
although you may make a good faith
transfer to a third party. Should you
wish to cease to maintain the authorized
activity or should you desire to abandon
it without a good faith transfer, you
must obtain a modification of this permit
from this office, which may require
restoration of the area.
3. If you discover any previously
unknown historic or archaeological
remains while accomplishing the activity
authorized by GP/LOP-98-MN, you must
immediately stop work and notify this
office of what you have found. We will
initiate the Federal and state
coordination required to determine if the
remains warrant a recovery effort or if
the site is eligible for listing in the
National Register of Historic Places.
4. You must allow representatives from
this office to inspect the authorized
activity at any time deemed necessary
to ensure that it is being or has been
accomplished in accordance with the
terms and conditions of GP/LOP-98-MN.
5. Refer to the GP/LOP-98-MN
Standard Conditions at the end of this
document.
Further Information:
1. Congressional Authorities: You have
been authorized to undertake the
activity described above pursuant to
Section 404 of the Clean Water Act (33
U.S.C. 1344-.
2. Limits of this authorization.
a. GP/LOP-98-MN does not obviate
the need to obtain other Federal, state,
or local authorizations required by law.
b. GP/LOP-98-MN does not grant any
property rights or exclusive privileges.
c. GP/LOP-98-MN does not authorize
any injury to the property or rights of
others.
d. GP/LOP-98-MN does not authorize
interference with any existing or
proposed Federal project.
3. Limits of Federal Liability. In
authorizing work, the Federal
Government does not assume any
liability, including for the following:
a. Damages to the permitted project
or uses thereof as a result of other
permitted or unpermitted activities or
from natural causes.
b. Damages to the permitted project
or uses thereof as a result of current or
future activities undertaken by or on
behalf of the United States in the public
interest.
c. Damages to persons, property, or
to other permitted or unpermitted
activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies
associated with the permitted work.
e. Damage claims associated with
any future modification, suspension, or
revocation of this permit.
4. Reliance on Applicant's Data: The
determination of this office that
issuance of this permit is not contrary to
the public interest was made in reliance
on the information you provided.
5. Reevaluation of Permit Decision.
This office may reevaluate its decision
on this permit at any time the
circumstances warrant. Circumstances
that could require a reevaluation
include, but are not limited to, the
following:
a. You fail to comply with the terms
and conditions of this permit.
b. The information provided by you in
support of your permit application
proves to have been false, incomplete,
or inaccurate (see 4 abovel.
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 it is
appropriate to use the suspension,
modification, and revocation procedures
contained in 33 CFR 325.7 or
enforcement procedures such as those
contained in 33 CFR 326.4 and 326.5.
The referenced enforcement procedures
provide for the issuance of an
administrative order requiring you to
comply with the terms and conditions of
your permit and for the initiation of legal
action where appropriate. You will be
required to pay for any corrective
measures ordered by this office, and if
you fail to comply with such directive,
this office may in certain situations
(such as those specified in 33 CFR
209.1701 accomplish the corrective
measures by contract or otherwise and
bill you for the cost.
6. Extensions. General condition 1.,
above, establishes a time limit for the
completion of the activity authorized by
this permit. Unless there are
circumstances requiring either a prompt
completion of the authorized activity or
a reevaluation of the public interest
decision, the Corps will normally give
favorable consideration to a request for
an extension of this time limit.
Page 1 of 3
GP/LOP-98-MN CONDITIONS (continued)
Standard Conditions.
In addition to the preceding general
conditions, GP/LOP-98-MN authoriza-
tions are subject to the following
standard conditions, as applicable.
These conditions must be satisfied for
any GP/LOP-98 authorization, both GPs
and LOPS, including the non-reporting
GPs, to be valid:
1. Compliance Certification. Under all
LOP authorizations of GP/LOP-98-MN
authorizations, the permittee must
submit a compliance certification to the
St. Paul District within 30 days of
completion of the work. The District
will include a certification form with its
authorization letters. Permittees may
also obtain this form by contacting the
St. Paul District. This requirement does
not apply to GP authorizations under
GP/LOP-98-MN.
2. Case-bv-case conditions. The activity
must comply with any special conditions
which may have been added by the
District or by a state, tribe, or the U.S.
Environmental Protection Agency in its
section 401 water quality certification
or consistency determination under the
Coastal Zone Management Act. Such
conditions will be specifically identified
in any LOP issued for the project.
3. Mitigation/Sequencing. Discharges of
dredged or fill material into waters of
the United States must be minimized or
avoided to the maximum extent
practicable, unless the District approves
a compensation plan that the District
determines is more beneficial to the
environment than minimization or
avoidance measures.
4. State/Tribal Water ug ality
certification and Coastal zone
management (CZM) consistency
determination. Some GP/LOP-98-MN
authorizations may not be valid unless
and until an individual Section 401
water quality certification or CZM
consistency determination is obtained
from or waived by the appropriate
agency. If this condition applies, it will
be so noted in the District letter of
permission.
5. Suitable material. No discharge of
dredged or fill material may consist of
unsuitable material (e.g., trash, debris,
car bodies, asphalt, etc.,) and material
discharged must be free from toxic
pollutants in toxic amounts Isee Section
307 of the Clean Water Act1.
6. Proqer maintenance. Any structure or
fill authorized shall be property
maintained, including maintenance to
ensure public safety.
7. Erosion and siltation controls.
Appropriate erosion and siltation
controls must be used and maintained in
effective operating condition during
construction, and all exposed soil and
other fills, as well as any work below
the ordinary high water mark must be
permanently stabilized at the earliest
practicable date. Work should be done
in accordance with state-approved,
published practices, such as defined in
Minnesota Pollution Control Agency
Document, PROTECTING WATER
QUALITY IN URBAN AREAS -BEST
MANAGEMENT PRACTICES FOR
MINNESOTA.
8. Removal of temporary fills. Any
temporary fills must be removed in their
entirety and the affected areas returned
to their preexisting elevation.
9. Endangered S ecies.
a. No activity is authorized which is
likely to jeopardize the continued
existence of a threatened or endangered
species or a species proposed for such
designation, as identified under the
Federal Endangered Species Act, or
which is likely to destroy or adversely
modify the critical habitat of such
species. Non-federal permittees shall
notify the District if any listed species or
critical habitat might be affected or is in
the vicinity of the project, and shall not
begin work on the activity until notified
by the District that the requirements of
the Endangered Species Act have been
satisfied and that the activity is
authorized.
b. Authorization of an activity under
GP/LOP-98 does not authorize the take
of a threatened or endangered species
as defined under the Federal
Endangered Species Act. In the absence
of separate authorization (e.g., an ESA
Section 10 Permit, a Biological Opinion
with incidental take provisions, etc.)
from the U.S. Fish and Wildlife Service
or the National Marine Fisheries Service,
both lethal and non-lethal takes of
protected species are in violation of the
Endangered Species Act. Information
on the location of threatened and
endangered species and their critical
habitat can be obtained directly from
the offices of the U.S. Fish and Wildlife
Service and National Marine Fisheries
Service or their world wide web pages
on the Internet.
c. If it becomes apparent that a
Federally listed endangered plant or
animal species will be affected by work
authorized by this permit, work must be
stopped immediately and the St. Paul
District of the Corps of Engineers must
be contacted for further instruction.
10. Historic properties, cultural
resources. No activity which may affect
historic properties listed, or eligible for
listing, in the National Register of
Historic Places is authorized, until the
District has complied with the provisions
of 33 CFR Part 325, Appendix C. The
prospective permittee must include
notification to the District in the permit
application if the authorized activity may
affect any historic properties listed,
determined to be eligible, or which the
prospective permittee has reason to
believe may be eligible for listing on the
National Register of Historic Places, and
shall not begin the activity until notified
by the District that the requirements of
the National Historic Preservation Act
have been satisfied and that the activity
is authorized. Information on the
location and existence of historic
resources can be obtained from the
State Historic Preservation Office and
the National Register of Historic Places.
11. Spawning areas. Discharges in
spawning areas during spawning
seasons must be avoided to the
maximum extent practicable.
12. Obstruction of high flows. To the
maximum extent practicable, discharges
must not permanently restrict or impede
the passage of normal or expected high
flows or cause the relocation of the
water (unless the primary purpose of
the fill is to impound waters).
13. Adverse effects from
impoundments. If the discharge creates
an impoundment of water, adverse
effects on the aquatic system caused by
the accelerated passage of water and/or
Page 2 of 3
GP/LOP-98-MN CONDITIONS (continued)
the restriction of its flow shall be
minimized to the maximum extent
practicable.
14. Waterfowl breeding areas.
Discharges into breeding areas for
migratory waterfowl must be avoided to
the maximum extent practicable.
15. Navigation. No activity may cause
more than a minimal adverse effect on
navigation.
16. Aquatic life movements. No activity
may substantially disrupt the movement
of those species of aquatic life
indigenous to the waterbody, including
those species which normally migrate
through the area, unless the activity's
primary purpose is to impound water.
17. Equipment. Heavy equipment
working in wetlands must be placed on
mats, or other measures must be taken
to minimize soil disturbance.
18. Tribal rights. No activity or its
operation may impinge or abrogate
reserved treaty rights, including, but not
limited to, reserved water rights and
treaty fishing and hunting rights.
19. Wild and Scenic Rivers. No activity
may occur in a component of the
National Wild and Scenic River System;
or in a river officially designated by
Congress as a "study river" for possible
inclusion in the system, while the river
is in an official study status; unless the
appropriate Federal agency, with direct
management responsibility for such
river, has determined in writing that the
proposed activity will not adversely
effect the Wild and Scenic River
designation, or study status. Information
on Wild and Scenic Rivers may be
obtained from the appropriate Federal
land management agency in the area
le.g., National Park Service, U.S. Forest
Service, Bureau of Land Management,
U.S. Fish and Wildlife Service.)
20. Water ug ality standards. All work
or discharges to a watercourse resulting
from permitted construction activities,
particularly hydraulic dredging, must
meet applicable Federal, State, and local
water quality and effluent standards on
a continuing basis.
21. Preventive measures. Measures
must be adopted to prevent potential
pollutants from entering the
watercourse. Construction materials
and debris, including fuels, oil, and
other liquid substances, will not be
stored in the construction area in a
manner that would allow them to enter
the watercourse as a result of spillage,
natural runoff, or flooding.
22. Disposal sites. If dredged or
excavated material is placed on an
upland disposal sight (above the
ordinary high-water markl, the site must
be securely diked or contained by some
other acceptable method that prevents
the return of potentially polluting
materials to the watercourse by surface
runoff or by leaching. The containment
area, whether bulkhead or upland
disposal sight, must be fully completed
prior to the placement of any dredged
material.
23. Erosion control. Upon completion
of earthwork operations, all exposed
slopes, fills, and disturbed areas must
be given sufficient protection by
appropriate means such as landscaping,
or planting and maintaining vegetative
cover, to prevent subsequent erosion.
Coffer dams shall be constructed and
maintained so as to prevent erosion into
the water. If earthen material is used
for coffer dam construction, sheet
piling, riprap or a synthetic cover must
be used to prevent dam erosion.
24. Suitable fill material. All fill
(including riprap-, if authorized under
this permit, must consist of suitable
material free from toxic pollutants in
other then trace quantities. In addition,
rock or fill material used for activities
dependent upon this permit and
obtained by excavation must either be
obtained from existing quarries or, if a
new borrow site is opened up to obtain
fill material, the State Historic
Preservation Officer (SHPO) must be
notified prior to the use of the new site.
Evidence of this consultation with the
SHPO will be forwarded to the St. Paul
District Office.
Historic Preservation Officer must be
contacted for further instruction.
26. Water intakes/activities. An
investigation must be made to identify
water intakes or other activities that
may be affected by suspended solids
and turbidity increases caused by work
in the watercourse. Sufficient notice
must be given to the owners of property
where the activities would take place to
allow them to prepare for any changes
in water quality.
27. Spill contingency Ip an. A
contingency plan must be formulated
that would be effective in the event of a
spill. This requirement is particularly
applicable in operations involving the
handling of petroleum products. If a
spill of any potential pollutant should
occur, it is the responsibility of the
permittee to remove such material, to
minimize any contamination resulting
from this spill, and to immediately notify
the State Duty Officer at 1-800-422-
0798 and the U.S. Coast Guard at
telephone number 1-800-424-8802.
28. Other ep rmit requirements. No
Corps GP/LOP-98-MN authorization
eliminates the need for other local, state
or Federal authorizations, including but
not limited to National Pollutant
Discharge Elimination System INPDES)
or State Disposal System (SDS) permits
from the Minnesota Pollution Control
Agency.
25. Cultural resources. If cultural,
archaeological, or historical resources
are unearthed during activities
authorized by this permit, work must be
stopped immediately and the State
29. State Section 401 Certification
Conditions. The Minnesota Pollution
Control Agency (MPCA) has certified
GP/LOP-98-MN on the condition that
activities are conducted in accordance
with all applicable provisions of
Minnesota Rule 7001.0150, subp. 3.
As .required by Federal regulation, this
condition is incorporated as a condition
of GP/LOP-98-MN.
Page 3 of 3
Permit No. _(02-02274-GAE)
• Permittee: City of Albertville
Issued: February 26, 2002
Please note that your permitted activity is subject to a compliance
inspection by U.S. Army Corps of Engineers staff. If you fail to
comply with this permit, you are subject to permit suspension,
modification, or revocation.
Upon completion of the activity authorized by this permit and any
required mitigation, date, sign, seal, and return this certification
to the St. Paul District office at the address shown below.
"I hereby certify that the work authorized, including any re-
quired mitigation by the above-referenced permit has been com-
pleted in accordance with the terms & conditions of the permit."
(Date)
(Signature of Permittee)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(fold sheet with address showing and seal bottom with tape)
Folding sheet with this panel out will
leave only one open edge to seal.
(fold sheet with address showing and seal bottom with tape)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Affix
First-
Class
.Postage
Here
Department of the Army
Corps of Engineers
CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638