1992-11-24 Dept of Army Eligible
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
180 E. KELLOGG BLVD.. ROOM 1421
ST. PAUL, MINNESOTA 55101.1479
November 24, 1992
REPLY TO
ATTENTION OF
Construction-Operations
Regulatory (93-00392-NW-GAE)
Ms. Linda Houghton
Clerk
City of Albertville
P.O. Box 131
Albertville, Minnesota 55301
Dear Ms. Houghton:
We have reviewed the information provided us about a project proposed by
the City of Albertville to excavate a sedimentation pond and place approx-
imately 30 cubic yards of rock riprap at the outlet of an outfall structure to
be constructed in a ditched wetland (86-414W). The project would impact less
than one acre of wetland and be located adjacent to a residential development
(psyks Fifth Addition) in the SW 1/4 Section 1, T. 120 N., R. 24 W., of Wright
County, Minnesota.
This work is eligible for authorization by a Department of the Army
nationwide permit referenced below and described in the enclosures, provided
the enclosed conditions are followed.
This determination covers only your project as described above. If the
design, location, or purpose of the project is changed, you should contact us
to make sure the work would not result in a violation of Federal law.
It is your responsibility to ensure that the work complies with the terms
of this letter and the enclosures. IT IS YOUR RESPONSIBILITY TO OBTAIN ALL
REQUIRED STATE AND LOCAL PERMITS AND APPROVALS BEFORE YOU PROCEED WITH THE
WORK.
If you have any questions, please c~ll Gary Elftmann of this office tot
(612) 220-0355.
Si
'0
Enclosures
Determination: 33 CFR 330, Appendix A, Nationwide permit number (26).
Copy furnished:
Mr. Norman Gartner
Meyer-Rohlin, Inc.
Construction-Operations
Regulatory (93-00392-NW-GAE)
Enclosure
B. Nationwide Penait
26. Headwaters and Isolated Waters Discharaes. Discharges of dredged or fill
material into headwaters and isolated waters provided: a. The discharge does
not cause the loss of more than 10 acres of waters of the United States;
b. The permittee notifies the District Engineer if the discharge would cause
the loss of waters of the United states greater than one acre in accordance
\.;ith the "Notification" general condition. For discharges in special aquatic
sites, including wetlands, the notification must also include a delineation of
affected special aquatic sites, including wetlands. (Also see 33 CFR
330.1(e)); and
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
For the purposes of this nationwide permit, the acreage of loss of waters of
the United states includes the filled area plus waters of the United States
that are adversely affected by flooding, excavation or drainage as a result of
the project. The ten-acre and one-acre limits of NWP 26 are absolute, and
cannot be increased by any mitigation plan offered by the applicant or
required by the District Engineer.
Subdivisions: For any real estate subdivision created or subdivided after
October 5, 1984, a notification pursuant to subsection (b) of this nationwide
permit is required for any discharge which would cause the aggregate total
loss of waters of the United States for the entire subdivision to exceed one
(1) acre. Any discharge in any real estate subdivision which would cause the
aggregate total loss of waters of the United States in the subdivision to
exceed ten (10) acres is not authorized by this nationwide permit; unless the
District Engineer exempts a particular subdivision or parcel by making a
written determination that: (1) the individual and cumulative adverse
environmental effects would be minimal and the property owner had, after
October 5, 1984, but prior to January 21, 1992, committed substantial
resources in reliance on NWP 26 with regard to a subdivision, in circumstances
where it would be inequitable to frustrate his investment-backed expectations,
or (2) that the individual and cumulative adverse environmental effects would
be minimal, high quality wetlands would not be adversely affected, and there
would be an overall benefit to the aquatic environment. Once the exemption is
established for a subdivision, subsequent lot development by individual
property owners may proceed using NWP 26. For purposes of NWP 26, the term
"real estate subdivision" shall be interpreted to include circumstances where
a landowner or developer divides a tract of land into smaller parcels for the
purpose of selling, conveying, transferring, leasing, or developing said
parcels. This would include the entire area of a residential, commercial or
other real estate subdivision, including all parcels and parts thereof.
(Section 404)