Information for File # DWW

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Amelia Lindsey
5 years ago
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1 Information for File # DWW Applicant Corps Contact Stauber Properties, LLC Daryl W. Wierzbinski Address 600 South Lake Avenue, Suite 211 Duluth, Minnesota daryl.w.wierzbinski@usace.army.mil Phone Primary County St. Louis Section 24 Township Range 50N 15W Information Complete On May 5, 2016 Posting Expires On July 10, 2016 Authorization Type LOP-05-MN This application is being reviewed in accordance with current practices for documenting Corps jurisdiction under Section 404 of the Clean Water Act. We have made a preliminary determination that the aquatic resources that would be impacted by the proposed project are subject to Corps of Engineers jurisdiction under Section 404 of the Clean Water Act. If an approved jurisdictional determination is completed as part of the review process for this application, a copy will be posted on the St. Paul District web page at the following link: Project Purpose Stauber Properties LLC is proposing to develop a portion of a 20-acre property for a retail, commercial development next to Maple Grove Road in the City of Hermantown, Minnesota. The applicant would construct a 34,184 square-foot retail, commercial building, approximately 200 parking stalls within three parking lot areas, two access points, and a 10,454 square-foot retention pond. The proposed work would be within the property limits. Project Description The proposed retail, commercial development would result in the discharge of dredged and fill materials into 1.82 acres of forested and scrub-shrub wetlands adjacent to Keene Creek. The project site is located in the NW ¼, NE ¼, Section 24, Township 50N., Range 15W., St. Louis County, Minnesota. 1

2 BACKROUND The applicant received an authorization from the Corps of Engineers (Corps) under Department of the Army (DA) Permit KRZ at this location to discharge dredged and fill materials into 2.86 acres of wetlands for a retail, commercial site. The DA permit was issued in 2004 with an expiration date of May 31, The DA permit had expired because the applicant did not request a DA permit time extension for the work in wetlands. The applicant did not begin the work in wetlands; the applicant did not discharge dredge and fill materials into wetlands for the proposed activity since the issuance of the permit. However, the administrative record shows that the applicant purchased 2.86 acres of shallow marsh wetland mitigation credits from the Terry Banick wetland mitigation bank in Morrison County, Minnesota; and created a covenants recorded for the 20-acre property to protect approximately acres of remaining wetlands and 0.55 acre of uplands. Please note that DA Permit KRZ required scrub-shrub wetland mitigation credits to be purchased for the project. The applicant voluntarily reduced the size of the footprint for the current project to avoid and minimize wetland impacts. The applicant voluntarily reduced the proposed wetland fill by 1.04 acres in good faith to avoid further project delays and other mitigation measures. The applicant has received all other necessary permit approvals from the City of Hermantown. The applicant did harvest trees in the project footprint spring of 2016 to avoid tree clearing restrictions as a result of the Northern Long Eared Bat. Name, Area and Types of Waters (including wetlands) Subject to Loss The proposed wetland impact types would consist of approximately 1.82 acres of forested and scrub-shrub wetlands adjacent to Keene Creek. Alternatives Considered A no build alternative was considered but rejected because the applicant determined that the no-build would not fulfill the purpose and need of the project. The preferred alternative would utilize and existing entrance-way constructed by the Minnesota Department of Transportation District 1. The remaining acreage of the site has been placed into a restricted covenants. Compensatory Mitigation The applicant purchased 2.86 acres of shallow marsh wetland mitigation credits from the Terry Banick wetland mitigation bank in Morrison County, Minnesota in 2004; and created a covenants recorded for the 20-acre property to protect approximately acres of remaining wetlands and 0.55 acre of uplands. According the District wetland mitigation ratio with out-of-kind and out-of-place (1.5:1) for the proposed 1.82 acres of wetland impacts, the compensatory wetland mitigation should be 2.73 credits. The applicant purchased 0.13 acre more wetland credits and created a covenants to protect acres of remaining wetlands at the site. The Corps believes this is adequate compensatory mitigation for the proposed project. Drawings See attached. 2

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5 Legend Parking Retention Pond Structures 0 Property Boundary Wetland Source: St. Louis County Aerial Imagery, circa Spring Drawing Scale in Feet DWW New Proposed Area

engineering planning environmental construction

engineering planning environmental construction 1648 Third Avenue SE Rochester, MN 55904 Tel: 507-289-3919 Fax: 507-289-7333 June 3, 2015 Mr. John Harford Rochester / Olmsted Planning Department 2122 Campus