APPLICANT:
Middle-Snake-Tamarac
Rivers Watershed District
Public Notice
ISSUED: August 22, 2024
EXPIRES: September 6, 2024
REFER TO: MVP-2016-01714-LSP
SECTION: 404 - Clean Water Act
1. APPLICATION FOR PERMIT TO discharge fill into approximately 3.27 acres of wetlands
adjacent to a tributary to the Snake River in Marshall County, Minnesota.
2. SPECIFIC INFORMATION
AGENT Benjamin Hengel
Houston Engineering
1401 21
st
Avenue North
Fargo, North Dakota 58102
PROJECT LOCATION: The project site is located in Section 07, Township 155 North, Range
47 West, Marshall County, Minnesota. The approximate UTM coordinates are N
5348953.804691, E 664374.423758. Latitude 48.272441, Longitude -96.784706.
DESCRIPTION OF PROJECT: The project is a flood damage reduction project along an
approximately 3.5-mile segment of an unnamed tributary to the Snake River. The project would
include the construction of levees at several locations along the tributary to reduce flood
damages to adjacent farm fields and homesteads. The project would also include the re-
meandering of the unnamed tributary within the levee system. The entire project would be
covered by a permanent conservation easement under a state conservation program.
QUANTITY, TYPE, AND AREA OF FILL: The project would require fill in wetlands at 22
locations along the tributary. A total of 3.27 acres of wetlands are proposed to be permanently
filled for construction of levees. The project location and location of proposed fill is shown on
the attached drawings labeled MVP-2016-01714-LSP Page 1 of 10 through Page 10 of 10.
VEGETATION IN AFFECTED AREA: Wetlands filled for the project are primarily palustrine
wetlands and are identified in the application as seasonally flooded wetland. One portion of the
project consists of a floodplain forest.
SOURCE OF FILL MATERIAL: Fill material would be obtained from excavation associated
with the restoration of the unnamed tributary. Materials would be excavated from the tributary
and used to construct levees. Excess material would be disposed of on adjacent upland.
SURROUNDING LAND USE: The project is located in a rural area of northwest Minnesota
and is dominated by medium to large agricultural operations primarily growing row crops.
DESCRIPTION OF DREDGING OR EXCAVATION: The project would include dredging for
the restoration of the original channel within the unnamed tributary. The applicant proposes to
restore channel sinuosity within the easement. The entire project would be protected with a
perpetual conservation easement after construction.
Regulatory Division (File No. MVP-2016-01714-LSP)
Page 2 of 4
THE FOLLOWING POTENTIALLY TOXIC MATERIALS COULD BE USED AT THE
PROJECT SITE: The project would use heavy equipment such as excavators and
bulldozers that use diesel and gasoline. Hydraulic fluid is used in heavy machinery.
THE FOLLOWING PRECAUTIONS TO PROTECT WATER QUALITY HAVE BEEN
DESCRIBED BY THE APPLICANT: Due to the size of the project the applicant will be
required to obtain an NPDES construction stormwater permit and utilize methods described
in the permit to protect water quality within the construction area and downstream of the
area.
MITIGATION: The applicant has proposed to purchase wetland credits from a Corps
approved wetland bank within the bank service area to offset the unavoidable losses associated
with the project. District mitigation policy for northwest Minnesota requires a mitigation ratio that
starts at 2.5:1 and can be reduced to 2:1 by meeting certain mitigation incentives.
3. FEDERALLY LISTED THREATENED OR ENDANGERED WILDLIFE OR PLANTS OR
THEIR CRITICAL HABITAT
None were identified by the applicant or are known to exist in the permit area. However,
Washington County is within the known or historic range of the following Federally listed
species:
Gray Wolf The gray wolf uses a variety of habitats within its range
such as forested and open prairie.
Monarch Butterfly Monarch Butterflies use a variety of open habitats but
require the presence of milkweed species for portions of
their life cycle.
This application 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 application 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.
5. SECTION 401 WATER QUALITY CERTIFICATION
Valid Section 404 permits cannot be issued for any activity unless water quality certification for
the activity is granted or waived pursuant to Section 401 of the Clean Water Act. The Section
401 authority for this project is the Minnesota Pollution Control Agency. A Department of the
Army permit will not be granted until the Minnesota Pollution Control Agency has issued or
waived Section 401 WQC certification and the U.S. Environmental Protection Agency (USEPA)
neighboring jurisdiction process is completed.
Corps Section 404 Clean Water Act decisions
may not be finalized until after the USEPA completes this process.
The MPCA has indicated that this public notice serves as its public notice of the application for
Section 401 water quality certification under Minnesota Rules Part 7001 Section 401 of the
Regulatory Division (File No. MVP-2016-01714-LSP)
Page 3 of 4
Clean Water Act (33 U.S. Code 1341 (a)(1)). The MPCA has indicated that if, at a later date, it
makes a preliminary anti-degradation determination regarding Section 401 Water Quality
Certification, it will at that time plan to issue an additional public notice under Minnesota Rules
Part 7001.
Any comments relative to MPCA’s Section 401 Certification for the activity proposed in this
public notice may be sent to:
Minnesota Pollution Control Agency
Resource Management and Assistance Division
Attention: 401 Certification
520 Lafayette Road North
St. Paul, Minnesota 55155-4194
[email protected]
6. HISTORICAL/ARCHAEOLOGICAL
This public notice is being sent to the National Park Service and the State Archaeologist for their
comments. 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, or approval, of the work in connection with this project.
7. 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.
8. PUBLIC INTEREST REVIEW
The decision whether to issue a permit will be based on an evaluation of the probable impact,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced
against its reasonably foreseeable detriments. All factors which may be relevant to the proposal
will be considered, including the cumulative effects. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber
production and, in general, the needs and welfare of the people. Environmental and other
documents will be available for review in the St. Paul District Office.
The Corps of Engineers is soliciting comments from the public; Federal, State, and local
agencies and officials; Indian tribes; and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments received will be considered by
the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects, and the other public
Regulatory Division (File No. MVP-2016-01714-LSP)
Page 4 of 4
interest factors listed above. Comments are used in the preparation of an Environmental
Assessment and/or an Environmental Impact Statement pursuant to the National Environmental
Policy Act. Comments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
REPLIES/COMMENTS
Interested parties are invited to submit to this office written facts, arguments, or objections by
the expiration date indicated above. 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.
Replies may be sent to Larry Puchalski at [email protected].
IF YOU HAVE QUESTIONS ABOUT THE PROJECT, contact Larry Puchalski at the Bemidji
Regulatory Field Office at 651-290-5339 or [email protected].
To receive Public Notice notifications, go to: https://www.mvp.usace.army.mil/Contact/RSS/ and
subscribe to the RSS Feed for which you would like to receive Public Notices.
Enclosures:
H:\JBN\3400\3429\16_3429_049\CAD\Plans\001 - Cover Sheet.dwg-Layout1-12/7/2023 4:08 PM-(trud)
SHEET INDEX
1 COVER
2 ESTIMATED QUANTITIES
3 LOCATION MAP
4-8 CHANNEL PLAN AND PROFILE
9-13 SOUTH EMBANKMENT PLAN AND PROFILE
14-18 NORTH EMBANKMENT PLAN AND PROFILE
19 TYPICAL CHANNEL PLAN VIEW
20-21 DETAILS
22 RIFFLE DETAILS
23-24 STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
25 EROSION CONTROL DETAILS
26-XX CROSS SECTIONS
Project No. 3429-0049
CONSTRUCTION PLANS FOR
MIDDLE-SNAKE-TAMARAC RIVERS WATERSHED DISTRICT
SWIFT COULEE CHANNEL RESTORATION - PHASE 1
WARREN, MINNESOTA
December, 2023
LOCATION MAP
208 4th STREET E
THIEF RIVER FALLS, MN 56701
P: 701.852.7931
www.houstoneng.com
PROJECT LOCATION
VERTICAL DATUM: NAVD 1988
HORIZONTAL DATUM: NAD 1983
THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM
FIELD SURVEY INFORMATION, AS-BUILT MAPS AS PROVIDED BY
MUNICIPALITIES OR UTILITY COMPANIES, AND/OR EXISTING DRAWINGS.
THERE IS NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN
INDICATE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR
ABANDONED. NOR IS THERE A GUARANTEE THAT THE UNDERGROUND
UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED. THE
CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING
UTILITIES. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR
ANY AND ALL DAMAGES WHICH MAY RESULT FROM THEIR FAILURE TO
EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES.
GOVERNING SPECIFICATIONS:
UTILITY NOTE:
STANDARD SPECIFICATIONS FOR CONSTRUCTION ADOPTED BY THE
MINNESOTA DEPARTMENT OF TRANSPORTATION, 2020 EDITION,
STANDARD DRAWINGS CURRENTLY IN EFFECT, AND OTHER CONTRACT
PROVISIONS SUBMITTED HEREIN.
PRELIMINARY
Location Map
MSTRWD
R 50 W
R 48 W
R 46 W
R 44 W
R 42 W
R 40 W
R 49 W
R 47 W
R 45 W
R 43 W
R 41 W
R 39 W
T 158 N
T 157 N
T 156 N
T 155 N
MARSHALL COUNTY
LOCATION MAP
1
MVP-2016-01714-LSP Page 1 of 10
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Date
RevisionNo.
3 PROJECT NO. 3429-0049
SHEET
Scale
Drawn by
Date
Checked by
JER
TDR
LOCATION MAP
12-07-23
SWIFT COULEE CHANNEL RESTORATION - PHASE 1
MIDDLE-SNAKE-TAMARAC RIVERS WATERSHED DISTRICT
WARREN, MINNESOTA
AS SHOWN
HEI NO. 3429-049
FeetScale
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N
1600800800
PRELIMINARY
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