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DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, ST. PAUL DISTRICT 180 FIFTH STREET EAST, SUITE 700 ST. PAUL, MN 55101-1678 Regulatory File No. 2019-01223-MMJ City of St. Anthony Village c/o Mark Casey – City Manager 3301 Silver Lake Road St. Anthony, MN 55418 Dear Mr. Casey: This letter is in response to the Environmental Assessment Worksheet (EAW) that we received for the Silver Lake Village Multifamily Redevelopment project, which includes a 13-acre parcel located at 3800 Silver Lake Road. This letter contains our initial comments on this project for your consideration. The water resources section of the EAW referenced above indicates that the Silver Lake Redevelopment project site may contain an aquatic resource that could potentially be regulated under Section 404 of the Clean Water Act (CWA Section 404). If the project proposes to impact the aquatic resource on the parcel a Department of the Army (DA) permit may be required for your proposed activity, as described below. 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 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 http://www.mvp.usace.army.mil/regulatory. The Corps evaluation of 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). 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. 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. July 11, 2019