5.1. HPSR 09-21-2023 - Laserfiche WebLink

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DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 332 MINNESOTA STREET ST. PAUL, MN 55101 REPLY TO ATTENTION OF REGULATORY DIVISION Regulatory File No. 2023-00474-ARC Brandon Wisner City of Elk River 13065 Orono Parkway Elk River, Minnesota 55330 Dear Mr. Wisner: The St. Paul District, U.S. Army Corps of Engineers (Corps) is evaluating your application for Section 404 Clean Water Act Department of the Army (DA) permit to discharge fill material into waters of the United States (WoUS) in conjunction with your proposal to stabilize the bank of the Elk River just below the Orono Lake Dam (Project) and adjacent to the Elk River First Sawmill Site (21SH0051). The Project is in Section 33, Township 33 North, Range 26 West, Sherburne County, Minnesota. The Corps has a statutory responsibility to consider effects of this federal action on historic properties (e.g., buildings, structures, archaeological sites, objects) pursuant Section 106 of the National Historic Preservation Act of 1966 (Public Law 89-665), as amended. Site 21SH0051 occurs within the Corps’ permit area and was identified in 2005 (Rothaus 2005) and revisited in 2022 (Blondo Consulting 2022). Blondo Consulting did not complete the inventory and evaluation effort. We have determined you must conduct a Phase II archaeological investigation (Phase II evaluation) within the Corps’ permit area consistent with procedures outlined in the OSA’s “Manual for Archaeological Projects in Minnesota.” You must ensure the Phase II evaluation is completed by a qualified archaeologist who meets the Secretary of the Interior’s professional qualification standards (36 CFR Part 61, Appendix A). This Phase II evaluation should include sufficient information to inform your eligibility recommendation on this site. The Corps’ permit area for this Project is comprised of those areas in the Elk River where you propose to place fill material below the ordinary high water mark, as well as areas including riverbank excavation and upland areas used for construction access and staging. Figure 1 shows the permit area in blue outline as we currently understand it based on information provided by you to our Project Manager Andy Chambers on May 23, 2023. If you work to minimize impact areas to the extent practicable, this will reduce your Phase II evaluation area, e.g., staging equipment in the nearby parking lot, using a narrow equipment travel lane for access, or minimizing amount of riverbank you excavate in association with stabilization. Conversely, should you propose additional upland workspaces, your Phase II evaluation must include those areas. August 4, 2023