2009-10-23 US Army Corp of Eng Letter unauthorized discharge of fill materialDEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
SIBLEY SQUARE AT MEARS PARK
190 FIFTH STREET EAST, SUITE 401
ST. PAUL MINNESOTA 55101-1638
CERTIFIED MAIL — RETURN RECEIPT RE(, UESTED
REPLY TO
ATTENTION OF
Operations OCT 2 2009
Regulatory (2009-04532-ADB)
Mr. Michael Potter
11650 57t' Street Northeast
Albertville, Minnesota 55301
Dear Mr. Potter:
It has come to our attention that you, or persons acting for you, have discharged dredged
or fill material into approximately 0.15 acres of wetlands adjacent to Otsego Creek which is a
tributary to the Mississippi River. Based on our initial review, we have made a determination
that this wetland is a water of the United States and is regulated by the Corps under Section 404
of the Clean Water Act. The project site is in NW 1/4 Sec. 6, T. 120N., R 23W., Wright
County, Minnesota.
A review of our records indicated that a Department of the Army permit has not been
issued for this activity. Section 301 of the Clean Water Act (33 U.S.C. §1311) prohibits
discharges of dredged or fill material into waters of the United States unless the work has been
authorized by a Department of the Army permit. Persons violating Section 301 are subject to
administrative, civil, and criminal penalties under Section 309 of the Clean Water Act (33 U.S.C.
§ 1319). Under the Clean Water Act, restoration of the site to its pre -violation condition may
also be required.
A review of our records also indicates that you have had prior contact with this office and
therefore are expected to be aware of Clean Water Act permit requirements. You are advised not
to perform any work that requires Department of the Army authorization without obtaining that
authorization. If you have any questions about the Corps' regulation of a particular wetland or
activity, please contact the Regulatory project manager listed below and arrange for an on -site
consultation.
An investigation will be conducted to determine whether a violation occurred and, if so,
its extent, whether there are any mitigating factors, and the appropriate resolution.
To facilitate our investigation, you are requested to provide in writing the following
information:
Printed on � Recycled Paper
Operations - 2 -
Regulatory (2009-04532-ADB)
1. The name, address, and telephone number of any contractor(s) who performed the work and
of any owners of the property in question. You are also requested to provide the name and
address of any consultant or engineer who designed, directed, or oversaw the work;
2. The date(s) of work, a drawing showing the dimensions and areas where work was
conducted, and any other site plans for the work, along with all state and local permits
obtained;
3. Your reason for performing the work and your explanation of why the work was performed
without Department of the Army authorization; and
4. The amount of material excavated and/or discharged and the area of wetlands or other waters
affected.
Your written response to these questions must be submitted by November 13, 2009, to
Andy Beaudet, U. S. Army Corps of Engineers, 190 51h Street East, St. Paul, Minnesota 55101.
As soon as our investigation is completed, you will be notified in writing as to any further action
that will be required. If you fail to respond to this notification and do not provide the requested
information, we will investigate the matter and make any enforcement decisions based on the
information available to us.
If you have any questions, please contact Andy Beaudet in our St. Paul Office at (651)
290-5642. In any correspondence or inquiries, please refer to the file number shown above.
Sincerely,
Tamara E. Cameron
/F-- Chief, Regulatory Branch
Copy furnished:
U.S. Environmental Protection Agency
US Army Corps
of Engineers
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Yellow is proposed fill area
Red is wetland area
Two red areas total 17,560 square feet
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