Information for File # ARC

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1 Information for File # ARC Applicant Consultant Corps Contact Linda Keith City of Tower Natalie White SEH Inc. Andrew R Chambers Address 600 South Lake Avenue, Suite 211, Duluth, MN Andrew.R.Chambers@usace.army.mil Phone Primary County St. Louis County Section 32 Township Range 62 North 15 West Information Complete On February 15, 2018 Posting Expires On April 12, 2018 Authorization Type LOP-05-MN This application is being reviewed in accordance with current practices for documenting Corps jurisdiction under Section 404 of the Clean Water Act identified in Regulatory Guidance Letter We have made a preliminary determination that the aquatic resources that would be impacted by the proposed project are subject to Corps of Engineers jurisdiction under Section 404 of the Clean Water Act. If an approved jurisdictional determination is completed as part of the review process for this application, a copy will be posted on the St. Paul District web page at the following link: Project: The purpose and need of the proposed project is to provide recreational residential units in an area planned for mixed-use re-development. The proposed project would include the construction of a pedestrian hiking trail, three residential townhomes, and a realigned roadway with associated utilities. The project area is located adjacent to the Tower Harbor on East Two River in the City of Tower, MN. PROJECT DESCRIPTION AND PURPOSE: The purpose of the proposed project is to promote public recreational use in the area along with filling the demand for lakefront and riverfront residential developments. The development would provide a means of economic growth in the form of residential units within close proximity to Lake Vermilion and the City of Tower s traditional business district. The project proposes to construct three townhome buildings (20 residential unit s total) on the south side of the East Two River harbor. These buildings would have off-street parking in front 1

2 of each along with waterfront views and access. A new 23-foot wide roadway with a hammerhead turn-around would be constructed on the south side of the townhomes for vehicle access. The townhome utilities (propane, water, and sewer) would be installed under the roadway. The 10-foot wide by 1,225-foot long pedestrian hiking trail would be constructed around the perimeter of the harbor. Along the north side of the harbor, the trail would incorporate a 6-foot wide boardwalk approximately 110 feet long in an effort to minimize wetland impact. The paved trail on the east side of the harbor would utilize the existing Enterprise Drive Bridge as a means of crossing East Two River. This portion of Enterprise Drive would be abandoned and used for the pedestrian trail, and the southern portion of Enterprise Drive would be realigned to include a smooth gradual right turn onto Pine Street. This realignment would be 29 feet wide and provide efficient vehicle access to the Tower business district. A storm water retention pond would be constructed south of the proposed townhome buildings to treat storm water runoff from the new impervious surfaces. The 6,282 square-foot pond would treat a total volume of 17,895 cubic feet of storm water. NAME, AREA AND TYPES OF WATERS (INCLUDING WETLANDS) SUBJECT TO LOSS: The development construction would include the proposed permanent discharge of dredged and fill materials into 0.89 acres (38,720 square feet) of wet meadow, shrub-carr, coniferous swamp, and seasonally flooded wetlands adjacent to East Two River. The impacted wetlands occur within Major Watershed 73 (Vermilion River) and Bank Service Area (BSA) 2. Best Management Practices (BMP s) would be utilized throughout the entirety of the project. The applicant would obtain a NPDES/SDS Construction Storm water Permit from the MPCA which will include a project-specific Storm water Pollution Prevention Plan (SWPPP). Appropriate BMP s would be installed and maintained in accordance with the terms and conditions of the storm water permit and SWPPP. The disturbed areas would be reseeded and/or planted and stockpiles stabilized to limit erosion and further impact to wetlands. ALTERNATIVES CONSIDERED: The no build alternative consists of abandoning the proposed trail and townhome development. This alternative would not meet the project need for residential units with harbor access, and involve an incomplete pedestrian trail requiring users to cross over heavy traffic on Highway 169. Alternative 1 This concept would involve constructing two townhome buildings on the harbor side of the roadway, and construct the third townhome on the south side of Pine Street near Enterprise Drive. This alternative would not include a roadway extension and hammerhead turnaround which would force large vehicles to reverse onto the connecting street, posing a safety concern. This alternative would involve one townhome without waterfront access or harbor views. This alternative would involve approximately of 4,800 square feet of wetland impact. Alternative 2 This alternative would involve the townhome buildings and the storm water treatment pond on the north side of the realigned roadway. This alternative would give the storm water pond a larger footprint and convenient location, however would require 0.5 acre of additional wetland impact to Wetland 2. This alternative would result in approximately 1.4 acres of wetland impact, approximately 0.52 acres greater than the preferred alternative. Alternative 3 (Preferred Alternative) This concept would construct three townhome buildings (20 units) with waterfront views and access, along with an improved roadway, hammerhead turn-around, pedestrian trail, and a storm water pond south of the realigned roadway. This alternative is economically viable and would provide street infrastructure with safe access and 2

3 efficient traffic flow. This alternative would reduce the wetland impact from 1.4 acres in Alternative 2 to 0.89 acres in this preferred alternative. COMPENSATORY MITIGATION: The applicant proposes to compensate for the loss of function associated with the discharge of dredged and fill materials into 0.89 acres of wetlands by purchasing 0.89 wetland credits to be debited from the Welle Peatlands Wetland Mitigation Bank (BWSR Account #1638) in Bank Service Area 2. Drawings See attached. 3

4 Project Location Path: S:\PT\T\\143822\3-env-stdy-regs\32-permit\GIS\Figure 1_Site Location.mxd Project Location Legend Project Location ± Miles 418 W SUPERIOR ST, SUITE 200 DULUTH, MN PHONE: (218) FAX: (888) TF: (800) Project: Print Date: 1/29/2018 Map by: nwhite Projection: NAD 83 UTM 15N Source: ESRI, USGS, SEH Project Location Map Tower Harbor Development Tower, Minnesota Figure 1 This map is neither a legally recorded map nor a survey map and is not intended to be used as one. This map is a compilation of records, information, and data gathered from various sources listed on this map and is to be used for reference purposes only. SEH does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and SEH does not represent that the GIS Data can be used for navigational, tracking, or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The user of this map acknowledges that SEH shall not be liable for any damages which arise out of the user's access or use of data provided.

5 MESOJEDEC THOMAS J MESOJEDEC THOMAS J MNTH 1/169 MATICH BRADLEY J East Hoodoo ANDERSON BRIAN D PEYLA RICHARD ANDERSON ROBERT J BIRK KATHERINE HELEN Two Point Rd LARSON JEFFREY A NELSON PAMELA K PEYLA JAMES F ETUX PEYLA RICHARD WRIGHT JAMES R VERMILION FRONTIER LLC River ECONOMIC VANDEUSEN LEON W III ST OF MN C278 L35 ST OF MN C278 L35 VOGH TYLER A BLAEDE MICHAEL J Cedar St VOGH TYLER A MELLESMOEN GARY C Pine St DESANNOY DAVID OSTERMANN BROTEN KARJALA GARY DANIEL H JASON ABRAHAMSON ELIZABETH A MARTINSON LANETTE A Poirier LAKOSKEY LAKOSKEY MARY P MARY P Enterprise Dr EDWARDS DENNIS J MATICH MARK J WISCONSIN CENTRAL LTD Rd LAKOSKEY MARY P Pine St JANISCH LISA A M WISCONSIN CENTRAL LTD ECONOMIC N 3rd S WALKER BYSTROM ROBINSON JEFFREY C LARSEN JOHN A PONG HUI MICHAEL C ETUX CARLSON BRUCE G KOTZIAN TIMOTHY L LAKE VERMILION CULTURAL CENTER INC ABRAHAMSON RONALD L ETUX N Main S DESANNOY DAVID ANTHONY FLAT IRON HOLDINGS LLC BURGESS GARY W ETUX HILTUNEN WM P ETUX STATE OF MINNESOTA STATE OF MINNESOTA WISCONSIN CENTRAL LTD Path: S:\PT\T\\143822\3-env-stdy-regs\32-permit\GIS\Figure 2_2016 Aerial Photo.mxd STATE OF MINNESOTA STATE OF MINNESOTA ECONOMIC ECONOMIC Legend ECONOMIC ± Parcel Boundaries Approximate Construction Limits Feet 418 W SUPERIOR ST, SUITE 200 DULUTH, MN PHONE: (218) FAX: (888) TF: (800) Project: Print Date: 2/14/2018 Map by: nwhite Projection: NAD 83 UTM 15N Source: SEH Background: 2016 St. Louis Co 2016 Aerial Photograph Tower Harbor Development Tower, Minnesota Figure 2 This map is neither a legally recorded map nor a survey map and is not intended to be used as one. This map is a compilation of records, information, and data gathered from various sources listed on this map and is to be used for reference purposes only. SEH does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and SEH does not represent that the GIS Data can be used for navigational, tracking, or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The user of this map acknowledges that SEH shall not be liable for any damages which arise out of the user's access or use of data provided.

6 Wetland RS-5 Impact 28 sq ft Shallow Marsh --- Impact below OHW (non-wca) 28 sq ft Wetland RS-7 Impact 622 sq ft Fresh (Wet) Meadow East Culvert Two River Wetland 2 Impact 13,054 sq ft Shrub-Carr Culvert Culvert Wetland RS-6 Impact 2,599 sq ft Fresh (Wet) Meadow Wetland 2 Impact 17,644 sq ft Coniferous Swamp Wetland 3 Impact 1,844 sq ft Seasonally Flooded Basin Wetland 3 Impact 2,957 sq ft Fresh (Wet) Meadow Path: S:\PT\T\\143822\3-env-stdy-regs\32-permit\GIS\Figure 5_Wetland Impacts.mxd Legend Approximate Construction Limits Wetland Type Fresh (Wet) Meadow Seasonally Flooded Basin Shallow Marsh Alder Thicket Shrub-Carr Coniferous Swamp Hardwood Swamp Feet± 418 W SUPERIOR ST, SUITE 200 DULUTH, MN PHONE: (218) FAX: (888) TF: (800) Project: Print Date: 2/14/2018 Map by: nwhite Projection: NAD 83 UTM 15N Source: ESRI, MNDNR, SEH Background: 2016 St. Louis Co Wetland Impact Map Tower Harbor Development Tower, Minnesota Figure 6 This map is neither a legally recorded map nor a survey map and is not intended to be used as one. This map is a compilation of records, information, and data gathered from various sources listed on this map and is to be used for reference purposes only. SEH does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and SEH does not represent that the GIS Data can be used for navigational, tracking, or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The user of this map acknowledges that SEH shall not be liable for any damages which arise out of the user's access or use of data provided.

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