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• the wetland is not drained by the activity. The project proposer suggests that since the excavation proposed for stormwater ponding would not drain wetland and would not occur in Types 3, 4 or 5 wetland, this excavation would not be regulable under the WCA. Section 404 of the Clean Water Act The wetland complex that Basin A was once part of is contiguous to George Watch Lake, which drains to Rice Creek and ultimately the Mississippi River. Basin A is hydrologically connected to George Watch Lake via storm sewer. In light of the historic natural connection between Basin A and George Watch Lake, Basin A has been assumed to be adjacent to a tributary of a navigable water and subject to Corps of Engineers jurisdiction under section 404 of the Clean Water Act. It has been assumed that the Corps will require 1 to 1 replacement of the entire 3.63 acres of wetland that will be affected by the project. Rice Creek Watershed District Rules The Rice Creek Watershed District (RCWD) is the Local Government Unit (LGU) under the Wetland Conservation Act. The RCWD has an adopted wetland ordinance that incorporates WCA requirements for sequencing and wetland replacement. The rules also require 1 to 1 acreage replacement for adverse impacts to wetlands that are not regulated under the WCA. Accordingly, the project proposer assumed that the 2.48 acres of wetland fill will be replaced at a 2 to 1 ratio per the WCA rules and that the 1.15 acres of excavation will be replaced at 1 to 1. Required Mitigation Table 1 summarizes the wetland replacement requirements of the Lino Lakes Retail Center. Table 1 Wetland Replacement Required — Lino Lakes Retail Center Wetland Wetland Type Size AcresA Fill (Acres) Excay. (Acres) WCA Mitigation Required CWA 404 Mitigation Required RCWD Mitigation Required A 1L/2/6 3.63 2.48 1.15 4.96 H 3.63`' 6.11 " B 11_12/6 1.24 0.00 0.00 0.00 0.00 0.00 Total 4.96 3.63 6.11 Only includes portion of wetland lying within project site. e 4.96 = 2 x 2.48. The 1.15 acre of excavation in this wetland type is not regulated under the WCA. c 2.48 + 1.15 = 3.63 °(2.48x2) +1.15 =6.11 Sequencing The applicant has considered the possibility of selecting and developing its project site so as to avoid filling or draining of wetlands. Given the high level of disturbance within the affected wetlands, the applicant has utilized guidance contained in the sequencing flexibility section of the Minnesota Board of Water and Soil Resources (BWSR) WCA, Rules (see Minn. Rules 8420.0520 Subp. 7(a) B). According to these rules; "[f]lexibility in application of the sequencing steps may be applied, subject to the conditions in item A, as determined by the local government unit if: (1) the wetland to be impacted has been degraded to the point where replacement of it would result in a certain gain in function and public value; (2) preservation of a wetland would result in severe degradation of the wetland's ability to function and provide public values, for example, because of surrounding land uses and the wetland's ability to function Page 14 of 28 Draft EAW Lino Lakes Marketplace May 11, 2001