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.• DEPARTMENT OF THE ARMY ` ~. ST. PAUL DISTRICT, CORPS OF ENGINEERS 190 FIFTH STREET EAST ST. PAUL MN 551 Q1-1638 _ August 25, 2005 REPLY TO TTEN710N OF perations Regulatory (2005-5066-YSB) Mr. Kevin Meland 22826 Elk Lake Road _ Elk River, MN 55330 Dear Mr. Meland: This concerns your proposed construction of four wildlife ponds in an unnamed. wetland for the purpose,of wildlife habitat. Approximately 24,000 cubic yards of material would be excavated and trucked to an upland disposal site. The project is located in the NW 1/a of Sec. 5, T. 33 N., R. 26'W., Sherburne County, Minnesota. The Corps of Engineers regards the use of mechanized earth-moving equipment to conduct excavations in waters of the US, including most wetlands, as resulting in a discharge of dredged material unless project specific evidence shows that the activity results in only incidental fallback. Incidental fallback is the redeposit of small volumes of dredged material that is incidental to excavation activity when such material falls back to substantially the same place as the initial removal. Examples of incidental fallback include soil that is disturbed when dirt is shoveled and the back-spill that comes off a bucket when such small volume of soil or dirt falls into substantially the same place from which it was initially removed. A Clean Water Act Section 404 permit is not required provided that all of the following conditions would be met: 1. There will be no movement of material within the wetland, except for the excavation of dredged material that is placed directly into trucks or deposited in an upland area by the use of a backhoe or high hoe. While incidental fallback from the excavator is not a regulated discharge, our jurisdiction may be triggered if there is excessive spillage between the bucket and the tnzck or the bucket and the upland disposal area. 2. No other earth moving activities will occur in the wetland, including grading or mechanized land clearing. These activities result in discharges of dredged or fill material, which~requires authorization by the Corps under the Clean Water Act (Corps permit) prior to commencing the work. 3. None of the dredged material will be side cast or temporarily stockpiled within any wetland areas. Sidecasting or stockpiling materials in jurisdictional wetlands requires a Corps permit prior to commencing the work. 4: There will be no construction of temporary access roads in wetlands or the use of mats to support equipment in wetlands. .These activities would constitute a discharge of dredged or fill material and require a'Corps permit prior to commencing the work. ~/~~~=