Information for File # MVP MMJ, Inyan Ceyanka Otonwe (ICO) Subdivision

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1 Information for File # MVP MMJ, Inyan Ceyanka Otonwe (ICO) Subdivision Applicant: Shakopee Mdewakanton Sioux Community Corps Contact: Melissa Jenny Address: 180 Fifth Street East, Suite 700, St. Paul, Minnesota, Melissa.m.jenny@usace.army.mil Phone: (651) Primary County: Scott Location: Sections 32 and 33 ownship: 115 North Range: 22 West Information Complete On: 4/21/2017 Posting Expires On: 5/01/2017 Authorization ype: LOP-05-MN his 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 PROJEC DESCRIPION AND PURPOSE: he Shakopee Mdewakanton Sioux Community (SMSC) is proposing to develop a subdivision called Inyan Ceyanka Otonwe (ICO), a water treatment facility (WF), and public works building all in the same project location. ICO Subdivision: he subdivision s purpose is to provide residential housing to tribal community members and the need stems from an expanding community population. Constructing residential areas is a high priority for the ribal government. In order to meet the demands of a growing population, the ICO subdivision will be constructed with smaller minimum lot sizes (0.6 acres). he smaller lot sizes were chosen because the site has significant natural amenities and open space. Furthermore, smaller lot sizes have the effect of maximizing space to meet specific demographic demands. his is the first tribal subdivision to be developed this way. Water reatment Facility and Public Works Building: he WF is needed to service the hotel and convention center addition associated with Mystic Lake Casino and also the proposed residential developments at ICO and another development called ewapa located to the east. he existing WF is aged and would need expansion and significant upgrades to service these needs. ribal leaders determined that the Community s long term interests would be better served with a new, relocated WF. he public works building is designed to be in an upland location with no wetland impacts created by its construction. NAME, AREA AND YPES OF WAERS (INCLUDING WELANDS) SUBJEC O LOSS: Wetland impacts associated with the residential development would total 3.33 acres of permanent impact associated with wetlands A, B, C, I, L, and M, as shown on the enclosed figures. Of these, only 0.57 acre of impacts to Wetlands I and M are likely jurisdictional under Section 404 of the CWA (CWA). he construction of the WF would include 0.22 acre of permanent and 0.25 acre of temporary impacts to Wetland and 0.20 acre of temporary impacts to Wetland S. Wetlands S and are likely jurisdictional under the CWA. he public works building is proposed to be located to the west of the WF entrance, in an upland area. Access to the public works building will cross Wetland resulting in Page 1 of 2

2 0.06 acres of CWA jurisdictional permanent wetland impacts. In total, the combined projects would result in the permanent discharge of fill material into approximately 0.85 acre of wetland and the temporary discharge of fill material into approximately 0.45 acre of wetland. ALERNAIVES CONSIDERED: he applicant has considered the following project alternatives: No-Build Alterative he No-Build alternative was determined to not be a practicable alternative for this project. With the growing SMSC population, the need for housing and water treatment facilities grows. his development, including the water treatment plant and public utilities building are crucial in meeting the needs of the growing SMSC population. Alternative Site Plan An alternative site plan was developed which routes the main roadways and cul-de-sac in the development around Wetlands A, B, M, and C (see enclosed Figure 4 labeled ICO Subdivision, WF, and Public Works Building Alternative Layout ). he access road to the water treatment facility would also be shortened and not include the truck turnaround portion and the public works building would be omitted from the design. Although this development layout avoids all wetland impacts associated with the project, this alternative does not meet the needs to the SMSC. he loss of 12 lots (18%) is substantial as the proposed design meets the minimum needs of the SMSC which plans on having the proposed lots built out within a few years. By leaving these low quality, heavily degraded wetlands intact and designing the residential development around them, the small watersheds that serve them will be cut off. his will effectively cut off hydrology to the wetlands. he goal of the proposed design focuses on maintaining the higher quality wetlands (Wetlands S and ) and restoring the wetlands within an existing conservation easement on the property that connects the two public waters adjacent to the project location. In addition, the loss of the truck turn around associated with the water treatment facility creates safety issues at the CR 82 intersection for trucks servicing the facility. Having a tandem straight axle box truck back onto a roadway with an AAD of 6500 is not an acceptable option. he public works facility allows for an effective way for SMSC public works to maintain the development and water treatment plant. Without this facility, SMSC staff would have to transport equipment from their Dakotah Parkway facility. he construction of the proposed public works facility removes this safety issue, allowing the safe access to the ICO development and treatment plant. Off-site Alternatives - he SMSC trust land includes approximately 2,000 acres that lie within the municipal boundaries of Shakopee and Prior Lake, split into two areas, north and south. he southern area includes the casinos, recreational facilities, some development and large swaths of wetland. he majority of the residential and commercial infrastructure is located within the southern area because of the proximity to the SMSC facilities. Most of the land in this area has been developed, with the only remaining areas left to be the ICO project site. By keeping residential development close to the SMSC facilities, the SMSC can provide residential, pedestrian, and emergency services to its residents in a cost effective and prudent manner. Although the north area includes significant areas of developable land, the SMSC has been focused on developing land in the southern area because of its proximity to these services. COMPENSAORY MIIGAION: he applicant has proposed to compensate for the unavoidable permanent wetland impacts associated with this project, at a 2:1 ratio, via purchase of 1.70 wetland bank credits from a Corps approved wetland bank located in Blue Earth County, in the same Bank Service Area (BSA) as the impact site, BSA 9. Drawings: See enclosed, labeled as MMJ, Posting figures 1-4 Page 2 of 2

3 MMJ, Posting figure 1 Figure 1. Project Location 500 Mystic Lake Dr. NW 0 ² Feet 2, th St. NW (CSAH 82) Howard Lake Co un ty Rd.8 Arctic Lake 1 County Hwy 82 ty un Co Marschall Rd. Rd " ) " ) ( ' & % 35W Scott County, MN

4 MMJ, Posting figure 2 Figure 2. ICO Subdivision, WF, and Public Works Building Public Works Building CSAH 82 Water reatment Facility (WF) ICO Subdivsion ICO Subdivsion Project Layout ² Feet 0 500

5 MMJ, Posting figure 3 Figure 5. ICO Subdivision, WF, and Public Works Building Impacted Wetlands Wetland A acres, permanent Wetland B acres, permanent Wetland C acres, permanent Wetland I acres, permanent Wetland L acres, permanent Wetland M acres, permanent Wetland S acres, temporary Wetland acres, permanent Wetland acres, temporary CSAH 82 P R S O N M A B L J (E) G F H E K D Project Layout I Permanent Impacts emporary Impacts C Non-Impacted Wetlands Conservation Easement ² Feet

6 MMJ, Posting figure 4 Figure 7. ICO Subdivision, WF, and Public Works Building Alternative Layout CSAH 82 P S R Potential ICO Expansion Area O N M A L B (E) J G F H E D K I C ICO Alternative Subdivision Non-Impacted Wetlands Conservation Easement Feet² 0 500