Public Notice ISSUED: October 26, 2018 EXPIRES: November 25, 2018
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1 SPONSOR: Don Redman Public Notice ISSUED: October 26, 2018 EXPIRES: November 25, 2018 REFER TO: MVP DAS SECTION:404 - Clean Water Act 1. WETLAND COMPENSATORY MITIGATION BANK PROPOSAL 2. SPECIFIC INFORMATION SPONSOR S ADDRESS: P.O. Box 149 Medford, MN SPONSOR S AGENT WSB and Associates, Inc. Luke Lunde, PSS th Avenue NW, Suite 100 Rochester, MN PROJECT LOCATION: The project site is located in Section 4, Township 109 North, Range 20 West, and Section 33, Township 110 North, Range 20 West, Rice County, Minnesota. The approximate coordinates are UTM Zone 15, N , E and Latitude , Longitude BANK SERVICE AREA: The proposed bank service area is the Lower Mississippi River Basin in Minnesota (Bank Service Area 8). DESCRIPTION OF PROJECT: The sponsor is proposing to develop the Swedberg Wetland Bank. The proposed bank site is approximately 14.1 acres in size, including upland buffer areas. The bank site is shown on the enclosed drawings labeled MVP DAS (Public Notice) Drawing 1 of 16 through Drawing 16 of 16. NEED AND OBJECTIVE OF PROJECT: The bank site is located in a county that has less than 50% of pre-statehood wetlands. As of 2007, agricultural production comprises approximately 76% of the land within the county. As of March 2018, only acres of approved credit are available to the public within Rice County. The goal of the project is to establish fresh (wet) meadow wetland credit for the creation of 6.2 acres of Type 2 wetland, shallow marsh wetland credit for the creation of 3.7 acres of Type 3 wetland, deep marsh wetland credit for the creation of 0.9 acres of Type 4 wetland, and credit derived from upland buffer. According to the bank sponsor, the site would significantly enhance local biodiversity, improve watershed conditions adjacent to an outstanding biodiversity area along the Straight River and provide exceptional function and value for wetland mitigation options. ESTABLISHMENT, OPERATION AND MANAGEMENT: The sponsor proposes to create the wetland areas described above by constructing a water level control structure near elevation 1030 feet at the down gradient end of a constructed drainage swale that currently exists on the site. The wetland creation would occur through mass grading, removal of additional mining resources, vegetation rehabilitation of native grasses, sedges, and forbs. Grading is to occur at 3:1 to 10:1 slopes within upland buffer areas and a minimum 10:1 slopes in and adjacent to wetland areas. Topsoil would be
2 Regulatory Branch (File No. MVP DAS) placed within the Type 2, 3, and 4 wetland areas utilizing quality, organic-rich overburden stockpiled from previous mining operations to allow for enhanced soil-water retention within proposed wetland creation areas. The drainage area for the bank site is approximately 136 acres. The proposed credit actions for the project are summarized in the following table: Map ID Type of Compensation Number of Acres Type of Wetland Credit Final Projected Credits Type 2 Wetland Creation (1.333:1) 6.2 Fresh (Wet) Meadow Type 3 Wetland Creation (1.333:1) 3.7 Shallow Marsh Type 4 Wetland Creation (1.333:1) 0.9 Deep Marsh Buffer Upland Buffer (4:1) 3.3 Upland Buffer Total OWNERSHIP AND LONG-TERM MANAGEMENT: The bank sponsor is the existing owner and would own the credits established by the project. The bank sponsor would assume responsibilities associated with construction of the site, would be the general contractor for the construction activities, and would assume responsibility of the long-term management activities. According to the agent, the sponsor has been a successful operator of many mine sites and has the experience and heavy equipment necessary to complete the desired conditions for the bank site. The sponsor may request assistance from third-parties to conduct specialized conservation management strategies to ensure the long-term success of the project and in meeting standards required by the conservation easement. Credit sales would be tracked by the sponsor and reported to the state as required by state law. The reported credit releases and sales would be tracked on both Corps and state databases using ledger data supplied by the state. By state law, long-term management of the property would be the responsibility of the landowner and the sponsor until all released credits have been debited. After all credits are debited, long-term management obligations would fall to the landowner under state law. Additional protections and management limitations would be spelled out in both a conservation easement and in an approved bank plan. TECHNICAL FEASIBILITY AND QUALIFICATIONS: WSB and Associates, Inc. (WSB) is acting as the sponsor s agent to complete the proposed wetland bank plan. WSB has a staff that includes individuals that are identified as engineers, planners, scientists, and construction specialists. WSB s Environmental and Planning and Natural Resources Group leads the firm with wetland delineation, mitigation and wetland bank restoration design and construction. WSB has experience performing mandatory wetland bank monitoring, facilitating credit releases, and in the banking process. ECOLOGICAL SUITABILITY: Historical and proposed mining activity would result in lower land elevations that would be similar to the floodplain elevation of the Straight River. Groundwater and surface water inputs from the drainage area are anticipated to produce wetland conditions when construction is completed. HYDROLOGY: The sponsor owns the site. No flooding or drainage easements on adjacent properties would be required. No tile, drainage ditches, flood or flowage easements are known to be on site that would affect the water regimes proposed. CURRENT LAND USES: The proposed site is bordered to the south by agricultural fields. The Straight River curves around the site on the west, north, and east sides. The proposed easement boundary stays outside of both the tree line along the Straight River and outside of the designated Zone A FEMA Floodplain. The Minnesota Department of Natural Resources Biological Survey (MBS) has identified the Straight River floodplain adjacent to the proposed bank site as having outstanding biodiversity significance. The bank site was utilized for agricultural production prior to Sand Page 2 of 4
3 Regulatory Branch (File No. MVP DAS) and Gravel mining on the north portion began sometime between 1938 and By 1991, the north half of the site has been mined with the south half remaining in agricultural. Mining occurred throughout 70-80% of the site by The remaining portion is anticipated to be mined before bank site development. No wetland areas have been identified in the bank site area. Wet signatures are evident in aerial photos in mining basins and ditches associated with the mining operations. The site generally slopes down from south to north, towards the Straight River within an elevation range of 1063 feet to 1028 feet. 80 to 90% of the site is primarily open mining ground with sparse vegetation. Two drainage swales currently bisect the site that were constructed to provide drainage towards the north. The Faribault Municipal Airport is located approximately 4.5 miles northwest of the proposed bank site. COORDINATION WITH RESOURCE AGENCIES: This project has been coordinated with the following members of the Interagency Review Team (IRT) and other resource agencies: U.S. Environmental Protection Agency and U.S. Fish and Wildlife Service. This public notice is being coordinated with the Minnesota Department of Transportation s Office of Aeronautics Services. 3. FEDERALLY-LISTED THREATENED OR ENDANGERED WILDLIFE OR PLANTS OR THEIR CRITICAL HABITAT None were identified by the bank sponsor or are known to exist in the action area. However, Rice County is within the known historic range for the following Federally-listed species: Northern Long-Eared Bat Hibernates in caves and mines swarming in surrounding wooded areas in autumn. Roosts and forages in upland forests during spring and summer. Minnesota Dwarf Trout Lily Woodlands of southeastern Minnesota in the Cannon River valley. Prairie bush-clover Dry to mesic prairies with gravelly soils. This notice is being coordinated with the U.S. Fish and Wildlife Service. Any comments it may have concerning Federally-listed threatened or endangered wildlife or plants or their critical habitat will be considered in our final assessment of the described work. 4. JURISDICTION This proposal is being reviewed in accordance with the practices for documenting Corps jurisdiction under Sections 9 & 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act identified in Regulatory Guidance Letter HISTORICAL/ARCHAEOLOGICAL The Corps will review information on known cultural resources and/or historic properties within and adjacent to the project area. The Corps will also consider the potential effects of the project on any properties that have yet to be identified. The results of this review and the Corps determination of effect will be coordinated with the State Historic Preservation Officer independent of this public notice. Any adverse effects on historic properties will be resolved prior to the Corps authorization of the work in connection with this project. Page 3 of 4
4 Regulatory Branch (File No. MVP DAS) 6. PUBLIC HEARING REQUESTS Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, in detail, the reasons for holding a public hearing. A request may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served. 7. REPLIES/COMMENTS Interested parties are invited to submit to this office written facts, arguments, or objections within 30 days of the date of this notice. These statements should bear upon the suitability of the location and the adequacy of the project and should, if appropriate, suggest any changes believed to be desirable. Comments received may be forwarded to the applicant. A copy of the full prospectus submitted by the Sponsor is available to the public for review upon request. Replies may be addressed to: Regulatory Branch St. Paul District Corps of Engineers 180 Fifth Street East, Suite 700 St. Paul, MN Or, IF YOU HAVE QUESTIONS ABOUT THE PROJECT, call Mr. David Studenski at the La Crescent office of the Corps, telephone number (651) To receive Public Notices by , go to: and add your information in the New Registration Box. Enclosure(s) Page 4 of 4
5 Project Area (14.1 ac.) Project Location Swedberg Wetland Bank Sec. 4, T109N-R20W & Sec. 33, T110N-R20W Rice County, Minnesota MVP DAS (Public Notice) Drawing 1 of ,500 Feet 1 inch = 1,500 feet
6 Proposed Easement (14.1 ac.) Rice County Parcels Proposed Easement Boundary Swedberg Wetland Bank Sec. 4, T109N-R20W & Sec. 33, T110N-R20W Rice County, Minnesota Feet inch = 150 feet MVP DAS (Public Notice) Drawing 2 of 16
7 DRACHE MARK E & ANN M PEMRICK DARLENE J GREDEN EUGENE A B H HESELTON CO ERNSTE ROBERT A & TANYA M STRICKER D J LEE & JESSICA KNUTSON EVAN & BRADI SWEDBERG SOLAR ENERGY LLC NATURE CONSERVANCY SWEDBERG SOLAR ENERGY LLC CASPER THOMAS R & DONNA M THOMPSON DENNIS D & PAULETTE E WILLIAM R HOLMBLAD ET AL WILLIAM R HOLMBLAD ET AL STEVEN ZABEL ET AL Project Area (14.1 ac.) Rice County Parcels Site Map Swedberg Wetland Bank Sec. 4, T109N-R20W & Sec. 33, T110N-R20W Rice County, Minnesota MVP DAS (Public Notice) Drawing 3 of Feet 1 inch = 400 feet
8 Project Area (14.1 ac.) Rice County Parcels MCBS Sites of Biodiversity Significance Existing Conditions Classification Agriculture Gravel Pit Mixed Forest Mixed Grassland/Shrubs Water Existing Conditions Map Swedberg Wetland Bank Sec. 4, T109N-R20W & Sec. 33, T110N-R20W Rice County, Minnesota Feet inch = 200 feet MVP DAS (Public Notice) Drawing 4 of 16
9 Project Area (14.1 ac.) Drainage Swale Straight River Drainage Features Swedberg Wetland Bank Sec. 4, T109N-R20W & Sec. 33, T110N-R20W Rice County, Minnesota MVP DAS (Public Notice) Drawing 5 of Feet 1 inch = 150 feet
10 Unknown Watershed Name Cannon R Prairie Cr Falls Cr Crocker Cr Straight R Straight R N Br Zumbro R Crocker Cr Project Area (14.1 ac.) Minor Watersheds Mud Cr Minn R-Mankato 28 Watersheds (Wetland Bank Service Area 8) Swedberg Wetland Bank Sec. 4, T109N-R20W & Sec. 33, T110N-R20W Rice County, Minnesota 1 Major Watersheds Minn R-Shakopee 33 Straight R Le Sueur River 32 ^ 0 4,000 Feet inch = 4,000 feet Miss R & L Pepin 38 Cannon River 39 Cedar River 48 Zumbro River 41 MVP DAS (Public Notice) Drawing 6 of 16 Miss R & L Pepin 38
11 Project Area (14.1 ac.) Sub-Watershed ( ac.) Drainage Area ( ac.) Sub-Watershed Swedberg Wetland Bank Sec. 4, T109N-R20W & Sec. 33, T110N-R20W Rice County, Minnesota Feet inch = 850 feet MVP DAS (Public Notice) Drawing 7 of 16
12 W A W E 611D 104C2 875C Project Area (14.1 ac.) Rice County Soil Survey SOIL UNIT SOIL UNIT DESCRIPTION HYDRIC W WATER RUSHRIVER FINE SANDY LOAM, 0 TO 1 PERCENT SLOPES, FREQUENTLY FLOODED YES 17 MINNEOPA SANDY LOAM, 0 TO 2 PERCENT SLOPES, RARELY FLOODED NO 39A WADENA LOAM, 0 TO 2 PERCENT SLOPES NO 411A 1030 PITS, GRAVEL-UDIPSAMMENTS COMPLEX - 17 MINNEOPA SANDY LOAM, 0 TO 2 PERCENT SLOPES, RARELY FLOODED NO 106E LESTER LOAM 18 TO 25 PERCENT SLOPES NO 104C2 HAYDEN LOAM, 6 TO 12 PERCENT SLOPES, ERODED NO 611D HAWICK SANDY LOAM, 12 TO 25 PERCENT SLOPES NO 875C HAWICK-ESTHERVILLE COMPLEX, 6 TO 12 PERCENT SLOPES NO 411A WAUKEGAN SILT LOAM, 0 TO 2 PERCENT SLOPES NO 392 BISCAY LOAM, 0 TO 2 PERCENT SLOPES392 YES Rice County Soil Survey Swedberg Wetland Bank Sec. 4, T109N-R20W & Sec. 33, T110N-R20W Rice County, Minnesota MVP DAS (Public Notice) Drawing 8 of Feet 1 inch = 150 feet
13 man-made drainage channel man-made drainage channel No Wetlands within Review Area Wetland Review Area (12.1 ac) Aquatic Resources Existing Wetlands Swedberg Wetland Bank Sec. 4, T109N-R20W & Sec. 33, T110N-R20W Rice County, Minnesota Feet inch = 150 feet MVP DAS (Public Notice) Drawing 9 of 16
14 Document Path: K:\ \GIS\Maps\Concept Plan Figures\Concept Plan.mxd Date Saved: 8/24/2018 9:22:55 AM MVP DAS (Public Notice) Drawing 10 of 16
15 Document Path: K:\ \GIS\Maps\Concept Plan Figures\Credit Allocation Map.mxd Date Saved: 9/17/2018 3:59:36 PM MVP DAS (Public Notice) Drawing 11 of 16
16 Project Area (14.1 ac.) Rice County Parcels MBS Sites of Biodiversity Significance Outstanding Land Cover - Minnesota Land Cover Classification System 5-10% Impervious Agricultural Land Forest Shrubland Dry Tall Grasses Open Water MLCCS and MCBS Biodiversity Sites Swedberg Wetland Bank Sec. 4, T109N-R20W & Sec. 33, T110N-R20W Rice County, Minnesota Feet inch = 200 feet MVP DAS (Public Notice) Drawing 12 of 16
17 Document Path: K:\ \GIS\Maps\Concept Plan Figures\Planting Plan.mxd Date Saved: 9/17/ :45:41 PM MVP DAS (Public Notice) Drawing 13 of 16
18 1. View of Bank Site (looking east) 2. View of Bank Site (looking southeast) MVP DAS (Public Notice) Drawing 14 of 16
19 3. View of Bank Site (looking north, towards proposed water control structure) 4. View of Bank Site (looking south where mining reserves are to be extracted prior to Bank Site development) MVP DAS (Public Notice) Drawing 15 of 16
20 5. View of Bank Site (looking north, towards proposed water control structure) 6. View of Bank Site (looking north, towards proposed water control structure) MVP DAS (Public Notice) Drawing 16 of 16
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