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F '. <br /> Ms. Mary Sarrion • <br /> October 6, 1994fi <br /> Page 2 <br /> jurisdiction over Silver Lake to the Ordinary High Water elevation. The proposed culvert <br /> crossing is likely above the elevation of regulatory jurisdiction, but a letter of the intent to do the <br /> proposed project should be provided to the MDNR Division of Waters. <br /> The U.S. Army Corps of Engineers and the Rice Creek Watershed District have regulatory <br /> jurisdiction over the wetland habitat of the ditch. The U.S. Army Corps of Engineers Section 404 <br /> Nationwide Permit Number 26 allows filling of up to 0.5 acre of wetland. There is technically <br /> no need for a permit request, but a letter requesting approval under the Nationwide Permit <br /> program should be sent to the Regulatory Branch of the St. Paul District Corps of Engineers. <br /> The Rice Creek Watershed District is implementing the Wetland Conservation Act of 1991 <br /> (WCA). The WCA includes an exemption from wetland replacement for projects filling less than <br /> 400 square feet of wetland habitat. A letter describing the proposed project and a request for <br /> Exemption Number 25. <br /> There appears to be sufficient capacity in the existing ditch to allow an increase in the elevation <br /> of the outlet at the proposed trail crossing. There is also upland available to be excavated to <br /> provide additional storage volume if desired. Raising the outlet at the trail crossing will likely , �_ so <br /> back water up into the existing wetland basin. <br /> It is recommended that the Rice Creek Watershed District be approached with regard to the <br /> restoration of the existing Type 3 wetland basin back to the Type 4 basin it was prior to the <br /> construction of Silver Lake Road. A wetland restoration project would allow the construction <br /> of the trail crossing and an increase in the elevation of the ditch outlet while providing the City <br /> with wetland banking credits that could be used as mitigation credit on other City projects <br /> having wetland impacts. Improvement of the wetland basin will also be an aesthetic addition <br /> to Silver View Park. <br /> Additional study will be required to determine the amount of wetland that currently exists, the <br /> amount of water that could be expected to back up into the wetland basin, and the type and area <br /> of wetland that would likely result from the change in hydrology. If you have any questions <br /> with regard to this review or would like to discuss additional work on this project, please contact <br /> me at 490-2026. <br /> Sincerely, <br /> Short Elliott Hendrickson, Inc. <br /> Kelly A. Bettendorf <br /> Scientist <br /> 411,tlo " <br /> Enclosures <br />