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Message Jeff Smyser Page 1 of 2 From: insook, Chai [Chai.Insook @state.mn.us] Sent Friday, November 17, 2006 8:36 AM To: Jeff Smyser Subject Environmental Assessment Worksheet for the Nature's Refuge Residential Subdivision Development Project in Lino Lakes, Anoka County Attachments: Section 401 Water Quality Certificaiion.pdf Dear Mr. Smyser. Thank you for the opportunity to review this EAW. The Minnesota Pollution Control Agency (MPCA) has the following comments: Item 8 indicates the project will,require a Section 404 Wetland Permit from the U.S. Army Core of Engineers (USAAE). Please note that an MPCA Section 401 Water Quality Certification is also needed for the issuance of the USACE Section 404 Permit Although the MPCA will likely waive its 401 authority, an application for a 401 certification is still necessary. The attached Fact Sheet explains the MPCA's Section 401 Certification Program and explains how to apply. Item 16 indicates that stormwater runoff management infiltration and rain gardens is proposed. To be effective, it is important that these areas are not compacted by construction activities and do not receive construction runoff. The MPCA recommends that these areas be created near the final phases of construction, and soil ripping may be necessary in areas where soil compaction was unavoidable during construction. It is a state requirement that 3 feet of separation be provided between the bottom of the infiltration basins and the seasonally saturated groundwater table. This may be difficult to achieve given the relatively shallow groundwater table in the proposed project area. Finally, the MPCA recommends that information be provided to homeowners at the time of sales to ensure they understand what a rain garden is, how it works, and why they are important These comments address matters of concern to MPCA staff reviewing the EAW and is submitted for consideration by the responsible govemmental unit in determining the need for an EIS. It does not constitute approval by the MPCA for any element of the Project for the purpose of pending or future permit action by the MPCA. We have attempted to identify and consult with interested program staff to identify the MPCA permits that may be required. Additional comments or requests for information may be submitted in the future to address specific issues related to an MPCA permit that is required. Thank you again for the opportunity to review this EAW. Ultimately, it is the responsibility of the Project proposer to obtain the required permits and comply with permit conditions. If you have questions about these comment, please contact Todd Smith with our Stormwater Policy and Technical Assistance Unit at (651) 215- 6008. If you have other questions concerning our review of this EAW, please contact me at (651) 296 -7718. Sincerely, 11/20/2006