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CEMVP-OP-R-2005-5066-YSB <br />5. There would be no bank shaping or placement of riprap within the excavated area or <br />wetland limits. These activities would also constitute a dischazge of dredged or fill <br />material and require a Corps permit prior to commencing the work. <br />6. There would be no construction of structures within the wetland that could have the <br />effect of fill, which may require a Corps permit prior to commencing the work. <br />Any activity that results in more than the incidental fallback of dredged material into a <br />water of the U. S. during the construction of the proposed action would require a Corps permit <br />under §404 of the Clean Water Act. Section 301 of the Clean Water Act (33 U.S.C. § 1311) <br />prohibits discharges of dredged or fill material into Waters of the United States, including <br />wetlands, unless the work has been authorized by a Department of the Army permit under <br />section 404 (33 U.S.C. 1344). Violations of the Clean Water Act can result in administrative <br />penalties, civil penalties of up to $27;500 per day of violation, criminal fines or imprisonment. <br />Restoration of the site to its pre-violation condition may-also be required. <br />It is strongly recommended that the depth of the pond not exceed 3 feet and that one <br />larger pond be constructed in lieu of several smaller ponds. <br />Enclosed is an approved jurisdictional determination. The wetland areas on your project <br />site are part of the tributary system to the Mississippi River, a navigable water of the United <br />States. Those wetland areas are, therefore, within the Corps of Engineers regulatory authority <br />under the Clean Water Act. If you disagree with the enclosed jurisdictional determination, you <br />may appeal this decision. Please follow the directions in Section D of the enclosed Notification <br />of Administrative Appeal Options and Process and Request far Appeal <br />If any change in design, location, or purpose is contemplated, contact this office to avoid <br />doing work that may be in violation of Federal law. PLEASE NOTE THAT THIS LETTER <br />DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL, OR OTHER <br />AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL <br />RESOURCES OR CbUNTY. <br />If you have any questions, please contact Ms. Yvonne Berner in our St. Paul District <br />Office at (651) 290-5365. In any correspondence or inquiries, please refer to the Regulatory <br />number shown above. <br />Sincerely, <br />~~ <br />bert~f Whiting ~~ <br />hief, Regulatory Branch <br />Enclosure <br />