8.3. SR 07-15-2019 - Laserfiche WebLink

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DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 180 FIFTH STREET EAST, SUITE 700 ST. PAUL, MN 55101-1678 REPLY TO ATTENTION OF REGULATORY BRANCH Regulatory File No. MVP-2019-01134-BBY City of Elk River c/o Amanda Bednar 13065 Orono Parkway Elk River, Minnesota 55330 Dear Ms.Bednar: We have received your EAW prepared by WSB & Associates for the proposed project to remove accumulated sediment from Lake Orono in the City of Elk River.The purpose of this letter is to inform you that based on available information a Department of the Army (DA) permit may be required for your proposed activity. This type of proposed work often includes the permanent or temporary discharge of fill material into waters of the United States for temporary or permanent storage of dredged materials.Any activity that temporarily or permanently impacts a water of the United States might require a DAPermit. If the project is designed not to include a discharge of dredged or fill material into waters of the United States, then a DA\\ permit may not be required. We suggest that you contact this office as the project is being designed and dredged material disposal sites have been identified to determine whether or not aDApermit is required. This letter also provides general information regarding the U.S. Army Corps of Engineers (Corps) regulatory program. When a proposal involves the discharge of dredged or fill material into waters of the United States, it may be subject to Corps jurisdiction under Section 404 of the Clean Water Act (CWA Section 404). Waters of the United States include navigable waters, their tributaries, and adjacent wetlands (33 CFR § 328.3). CWA Section 301(a) prohibits discharges of dredged or fill material into waters of the United States, unless the work has been authorized by a DA permit under CWA Section 404. Information about the Corps permitting process can be obtained online at http://www.mvp.usace.army.mil/Missions/Regulatory.aspx. The Corps evaluation of a CWA Section 404 permit application involves multiple analyses, Policy Act (NEPA) (33 CFR part 325), (2) determining whether the proposal is contrary to the public interest (33 CFT § 320.4), and (3) determining whether the proposal complies with the Section 404(b)(1) Guidelines (Guidelines) (40 CFR part 230). The Guidelines specifically permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic environment, so long as the alternative does not have other signif spent on the proposal prior to applying for a CWA Section 404 permit cannot be factored into the Corps decision whether there is a less damaging practicable alternative to the proposal. You are advised not to perform any work that requires DA authorization without obtaining that authorization. If you have any questions about the Corps regulation of a particular