Agenda - Planning Commission - 08/02/2018

Home

Response to Draft Scoping EAW Comments January 9, 2018 Page 2 3) If the proposal involves discharge of dredged or fill material into waters of the United States, it may be subject to the Corps of Engineers' jurisdiction under Section 404 of the Clean Water Act (CWA Section 404). Waters of the United States include navigable waters, their tributaries, and adjacent wetlands (33 CFR § 328.3). CWA Section 301(a) prohibits discharges of dredged or fill material into waters of the United States, unless the work has been authorized by a Department of the Army permit under Section 404. Information about the Corps permitting process can be obtained online at htto://www.mvo.usace.armv.mk/reaulatory Resaonse: The project will be designed to minimize impacts to wetlands. Construction activities will disturb soils and there will be potential for erosion and sedimentation. Best management practices (BMPs) will be implemented to reduce the potential for sediments reaching wetlands and the Mississippi River. The AUAR will describe all potential impacts to wetlands and include mitigation measures including applicable BMPs. 4) The Corps' evaluation of a Section 10 and/or a Section 404 permit application involves multiple analyses, including (1) evaluating the proposal's impacts in accordance with the National Environmental Policy Act (NEPA) (33 CFR part 325), (2) determining whether the proposal is contrary to the public interest (33 CFR § 320.4), and (3) in the case of a Section 404 permit, determining whether the proposal complies with the Section 404(b)(1) Guidelines (Guidelines) (40 CFR part 230). Resaonse: The AUAR will include an assessment of the potential for impacts to wetlands and the Mississippi River. The noted analysis will be performed if navigable waters are impacted 5) If the proposal requires a Section 404 permit application, the Guidelines specifically require that "no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences" (40 CFR § 230.10(a)). Time and money spent on the proposal prior to applying for a Section 404 permit cannot be factored into the Corps' decision whether there is a less damaging practicable alternative to the proposal. Response: Comment noted 6) If an application for a Corps permit has not yet been submitted, the project proposer may request a pre - application consultation meeting with the Corps to obtain information regarding the data, studies or other information that will be necessary for the permit evaluation process. A pre -application consultation meeting is strongly recommended if the proposal has substantial impacts to waters of the United States, or if it is a large or controversial project. Resaonse: Comment noted 12800 Whitewater Drive, Suite 300, Minnetonka, MN 55343 1763.476.6010 2401 46th Avenue Southeast, Suite 202, Mandan, ND 58554 1701.204.6845 www.sambatek.com