Public Notice ISSUED: June 29, 2017 EXPIRES: July 31, 2017

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1 SPONSOR: Gary Pestorious Public Notice ISSUED: June 29, 2017 EXPIRES: July 31, 2017 REFER TO: DAS SECTION:404 - Clean Water Act 1. WETLAND COMPENSATORY MITIGATION BANK PROPOSAL: Pickerel Lake Site #10 Wetland Mitigation Bank A Wetland Bank Plan Report was initially received by the Corps of Engineers in The bank sponsor proceeded with the project in 2012 without approval from the Corps of Engineers. The wetland restoration work has been completed. The purpose of this notice is to initiate formal review of the project and determine if the bank credits can be used for compensation under Section 404 of the Federal Clean Water Act. 2. SPECIFIC INFORMATION SPONSOR S ADDRESS: SPONSOR S AGENT Gary Pestorious th Avenue Albert Lea, MN Mr. Luke Lunde WSB and Associates, Inc Third Avenue SE Rochester, MN PROJECT LOCATION: The project site is located in the NE ¼, Section 15, Township 102 North, Range 22 West, Freeborn County, Minnesota, as shown in the enclosed figures labeled MVP DAS Page 1 of 14 through Page 14 of 14. The approximate coordinates are Latitude , Longitude BANK SERVICE AREA: The proposed bank service area is the Lower Mississippi River Basin (Bank Service Area 8). DESCRIPTION OF PROJECT: The sponsor has proposed to establish the Pickerel Lake Site #10 Wetland Mitigation Bank. The bank site credit area is approximately acres in size, including upland buffer areas. Current land use, including adjacent properties: The property was comprised of agricultural land with rolling hills and slopes from northwest to southeast. In 1991 an extensive system of perforated drain tile installation converted 3.1 acres of wetland into upland to allow for agricultural row crop production, which drained surface water into Shoff Creek approximately a tenth of a mile southeast of the property. The installation of the drain tile system was authorized as an after-the-fact project by the Department of the Army nationwide permit 26 on September 12, acres of in-kind mitigation was required as a condition of the permit as compensation for the authorized wetland impacts to 3.1 acres. The property is bordered to the north and east by agricultural land and to the south and west by 200 th Street. Lake Val Halla is a half a mile north of the site. Prior to breaking drain tile, no wetlands were identified on the property by the National Wetland Inventory in 2012.

2 Regulatory Branch (File No DAS) Modifications that were proposed to restore wetlands on the bank site: The sponsor has proposed and has completed construction activities to create 7.07 acres of wet meadow wetland and 7.07 acres of upland buffer. Hydrology was restored to the site by breaking tile lines. Excavation of the existing tile lines aimed to create slight depressions with flat slopes to retain water and create saturated, temporarily flooded conditions. A water control structure was installed with an inlet elevation of 1296 and an emergency overflow was constructed at an elevation of The wetland creation area was harrowed and seeded with a nurse crop of winter wheat installed at 50 pounds per acre and Board of Water and Soil Resources (BWSR) native wet meadow/sedge #W2 applied at the recommended rate per acre following MN DOT specifications. To prevent erosive conditions and allow for establishment of the wheat, the areas within construction limits were to be mulched and disc anchored. A minimum fifty-foot buffer around the perimeter of the project was constructed with 10:1 side slopes from the wetland creation area toward the upland and seeded with winter wheat and MNBWSR native dry short-grass bluff and sand prairie upland seed mix #U6 in order to prevent sedimentation and scouring from the adjacent agricultural practices. Long-term management of the site: The established bank site would be managed by the sponsor or their successors in property ownership. The site would be adaptively managed for development of herbaceous communities dominated by native species common to the bank area. Credit sales would be tracked by sponsor and reported to the state as required by state law. The reported credit releases and sales would be tracked on both Corps and state databases using ledger data supplied by the state. Long-term management of the property would be the responsibility of sponsor until all released credits have been debited. After all credits are debited, long-term management obligations would fall to the landowner under state law. Additional protections and management limitations would be spelled out in both a conservation easement and in an approved bank plan. SURROUNDING LAND USE: Surrounding land use is comprised of agricultural row cropping with 200 th Street to the west and south and a farmstead to the southeast. COORDINATION WITH RESOURCE AGENCIES: This project has been coordinated with the following members of the Interagency Review Team (IRT) and other resource agencies U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, Minnesota Board of Water and Soil Resources, Stearns County, and Minnesota Department of Natural Resources. 3. FEDERALLY-LISTED THREATENED OR ENDANGERED WILDLIFE OR PLANTS OR THEIR CRITICAL HABITAT None were identified by the bank sponsor or are known to exist in the action area. However, Freeborn is within the known historic range for the following Federally-listed species: Northern Long-Eared Bat Hibernates in caves and mines swarming in surrounding wooded areas in autumn. Roosts and forages in upland forests during spring and summer. This notice is being coordinated with the U.S. Fish and Wildlife Service. Any comments it may have concerning Federally-listed threatened or endangered wildlife or plants or their critical habitat will be considered in our final assessment of the described work. Page 2 of 4

3 Regulatory Branch (File No DAS) 4. JURISDICTION This application is being reviewed in accordance with the practices for documenting Corps jurisdiction under Sections 9 & 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act identified in Regulatory Guidance Letter Any regulated discharges associated with implementation of a final approved bank plan could likely be authorized by an after-the-fact Nationwide Permit verification if the Corps determines that construction activities resulted in the discharge of dredged or fill material into a water of the U.S. Any required compensatory mitigation would be accounted for in the credit yield calculations because this is a mitigation bank project. 5. HISTORICAL/ARCHAEOLOGICAL The Corps will review information on known cultural resources and/or historic properties within and adjacent to the project area. The Corps will also consider the potential effects of the project on any properties that have yet to be identified. The results of this review and the Corps determination of effect will be coordinated with the State Historic Preservation Officer independent of this public notice. Any adverse effects on historic properties will be resolved prior to the Corps authorization of the work in connection with this project. No additional grading work is anticipated, therefore, it is unlikely that any additional coordination will be required. 6. PUBLIC HEARING REQUESTS Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, in detail, the reasons for holding a public hearing. A request may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served. 7. REPLIES/COMMENTS Interested parties are invited to submit to this office written facts, arguments, or objections within 30 days of the date of this notice. These statements should bear upon the suitability of the location and the adequacy of the project and should, if appropriate, suggest any changes believed to be desirable. Comments received may be forwarded to the applicant. A copy of the full prospectus submitted by the Sponsor is available to the public for review upon request. Replies may be addressed to: U.S. Army Corps of Engineers La Crescent Field Office 1114 South Oak Street La Crescent, Minnesota Or, IF YOU HAVE QUESTIONS ABOUT THE PROJECT, call Mr. David Studenski at the La Crescent field office of the Corps, telephone number (651) Page 3 of 4

4 Regulatory Branch (File No DAS) To receive Public Notices by , go to: and add your information in the New Registration Box. Enclosures Chad Konickson, Chief, Regulatory Branch Page 4 of 4

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16 MVP DAS Page 12 of 14 WETLAND BANK BOUNDARY DESCRIPTION: 200TH STREET Inlet Protection Riser Detail WETLAND BANK (14.14 ACRES) TILE DRAINAGE SYSTEM BLOCKS SPECIFICATIONS 1. DESCRIPTION The work shall include all labor, materials, and equipment required to complete the excavation, removal of all tile drainage systems and trench backfilling as required by the Drawings or as staked. 2. EXCAVATION AND BACKFILL OF TILE INVESTIGATION AREAS When specified on the Drawings or by the Engineer, excavations shall be performed to investigate for and determine the location of subsurface drain tile. Unless otherwise specified, investigation trenches shall be loosely backfilled using all of the material excavated during the investigation. The open trench should be overfilled to allow for consolidation or settling of the fill material, or the backfill should be compacted to reduce the extent of settlement. Excavated topsoil shall be kept separate from other excavated materials and shall be replaced to provide a suitable medium for establishing vegetation on the disturbed areas upon completion of the backfilling process. 3. EXCAVATIONS FOR TILE REMOVAL Unless otherwise specified, the drainage tile shall be excavated and removed for the length staked, shown on the Drawings, or as specified by the Engineer. The trench excavated to remove the tile shall not have vertical walls but shall be sloped according to the Drawings. If the trench slope is not specified in the Drawings, it shall have a minimum wall slope of 0.5 (H) to 1 (V). All fragments of the drainage tile shall be removed from the excavated trench. If any existing drainage tile not shown on the drawings or staked is encountered during excavation, the Engineer shall be notified. No additional work in the area of the encountered drainage tile shall be performed until the Engineer assesses the situation. Any work done to remove, replace, or repair the encountered drainage tile shall be approved and directed by the Engineer. Excavated topsoil shall be kept separate from other excavated materials. 4. BLOCKING THE TILE Upon locating, excavating and removing the existing drainage tile, the ends of the exposed tile at each end of the trench shall be blocked to prevent water from entering or exiting the tile. The blocking of the tile ends shall be performed as shown on the Drawings or by any of the following methods: A. Plug each tile end with an impervious material, such as concrete, that will remain securely in the tile. The following plug lengths shall be used: 8 diameter tile 2- foot long concrete plug or plastic tile plugs diameter tile 3-foot long concrete plug > 15 diameter tile 4-foot long concrete plug 5. BACKFILLING TILE REMOVAL TRENCH All remnant plastic drain tile fragments and larger fragments of clay and concrete tile shall be removed from the excavated material prior to backfilling. Do not backfill with any soil material containing remnant plastic drain tile and fragments of clay or concrete tile that are larger than 16 square inches in surface area. Up to the specified size, fragments of clay or concrete tile can exist within the backfill but must be well dispersed throughout the entire zone or depth of backfill. Backfill and compact in 9-inch lifts using a mechanical device or by hand a minimum distance of two feet around each sealed tile end with suitable soil material. The remainder of the trench shall be backfilled with the most suitable material available in lifts not to exceed 2 feet before compaction. Compact each lift to a density equal to that of the surrounding undisturbed soil. Special care must be taken when backfilling under planned embankments as the compaction requirements of the excavated tile trench shall be in accordance with the compaction requirements for the embankment fill and supersede the backfill and compaction specifications herein. All trenches should be overfilled by 20 percent, based on the trench depth, to allow for consolidation or settling of the compacted fill material. Excavated topsoil shall be replaced to provide a suitable medium for establishing vegetation on the disturbed areas upon completion of the backfilling process. Keyed Notes 1 Tile disconnect location. Existing tile lines shall be excavated and removed. Minimum length of 50'. Ends of tile left in place shall be capped. Trench shall be backfilled with excavated soils and compacted in 12 lifts. See specifications for details. 2 Place concrete plugs at end of tile lines left in place. See specifications 3 Construct new riser. See detail. Riser shall consist of solid pipe riser with inlet grate protection. Inlet shall be placed at elevation ' (ground elevation). F&I 150' of 4 solid HDPE tile line and connect to existing 4 perforated tiles. Construct minimum 3 clay plugs along new tile line. 4 Clay plugs shall be a minimum 2' wide and consist of compacted on site clay soils. Soils shall be compacted to a minimum 95% standard proctor. Continue plug to 2' below finish grade. 5 Remove existing riser. Excavate to invert of tile line, remove riser and tee and install concrete plug. 11/21/12 1" = 50' 11/02/12 CONSTRUCTION PLAN FOR DLM DLM WETLAND BANK SHELL ROCK RIVER WATERSHED DISTRICT 214 WEST MAIN ST. ALBERT LEA, MN Y3184/Y W C PICKEREL SITE #10

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