Loading...
HomeMy WebLinkAbout6.k. CSAH 42/Arkon AUAR Update RIJSEI \4OUNT]T EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: March 20, 2012 AGENDA ITEM: CSAH 42 /Akron AUAR Update AGENDA SECTION: Consent PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. ATTACHMENTS: Resolution; CSAH 42 /Akron AUAR APPROVED BY: Update; Metropolitan Council Letter dated February 16; Minnesota Department of Transportation Letter dated February 16; Minnesota Pollution Control Agency Letter dated March 1; Dakota County E -mail dated March 7; US Army Corps of Engineers E -mail dated March 7. 00.) RECOMMENDED ACTION: Motion to Adopt a Resolution Adopting the Update of the Final Alternative Urban Areawide Review (AUAR) for the CSAH 42 /Akron Area. ISSUE The City Council adopted the CSAH 42 /Akron AUAR (Alternative Urban Areawide Review) in 2007. State Statute requires that the City review and update the AUAR every five years and allow the required reviewing agencies to comment on the update. The agency comment period expired on March 7. DISCUSSION Staff prepared an update to the CSAH 42 /Akron AUAR which was initially adopted in 2007. The AUAR covers about 1,500 acres of land generally located north of CSAH 42, along both sides of Akron Avenue. The area goes as far as north of the Harmony and Meadows of Bloomfield neighborhoods. The update to the AUAR includes the DR Horton and Lennar neighborhoods in Prestwick Place and minor changes resulting from the adoption of the 2030 Comprehensive Plan in 2009. The resulting change reflected in the update is a 390 housing unit reduction from a total of 5,090 units to 4,700 units. The update covers how this reduction affects the traffic and infrastructure projections for the City. No major changes are anticipated to the City's capital improvement planning as a result of the update but the reduction in units may delay the need for the next well or water tower. The full update is attached to this Executive Summary. To begin the agency review of the update, hard copies were mailed to eleven State agencies, five Federal agencies, and the Metropolitan Council. The availability of the update was published in the EQB Monitor and the Rosemount Town Pages. The comment period was for 30 days and ended on March 7. During the comment period, staff received three letters: one from the Metropolitan Council with comments; letters from the Minnesota Department of Transportation and the Pollution Control Agency stating that they have no comments; and e -mails from Dakota County and the US Army Corps of Engineers stating that these agencies will not be sending comment letters. The letters and e- mails are attached to this Executive Summary. The Metropolitan Council comments pointed out a numerical error on page 2 of the update, asked for the City to include a new Drinking Water Supply Management Area (DWSMA) map if we've adopted one since 2007, a statement that the regional sewer system can accommodate the level of development within the update but could not handle the level of development with Scenarios 2 and 3 of the original AUAR, and a request for additional data on how the traffic calculations were determined. In response, staff has corrected the error on page 2. The City is current working on a new DWSMA map but it has not been adopted. The City can include that new DWSMA map in the 2017 update. The comment about Scenarios 2 and 3 relates to the maximum densities allowed by the land uses but we understand that it is highly unlikely that all development within the 1,500 acres will be at the maximum density. With the recent reviews of the Pulte plans for Marshes of Bloomfield and the Ryland plans for Greystone (both of which are within the AUAR), staff is comfortable that the entire area within the AUAR will not develop at the maximum density. For the final Metropolitan Council comment regarding traffic, staff will discuss the process used to determine the traffic counts with their transportation staff. RECOMMENDATION Staff recommends that the City Council adopt the CSAH 42 /Akron AUAR Update. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2012 - A RESOLUTION ADOPTING THE UPDATE TO THE FINAL ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) FOR THE CSAH 42 /AKRON AREA WHEREAS, on February 6, 2007, the City Council adopted the Final CSAH 42 /Akron AUAR; and WHEREAS, Minnesota Rules 4410.3610, Subp. 7 requires that an AUAR be updated every five years to remain valid; and WHEREAS, on February 6, 2012, the availability of the AUAR Update was published in the EQB Monitor with a Public Commit Period to end on March 7, 2012; and WHEREAS, on February 6, 2012, the AUAR Update was mailed to the required reviewing Agencies; and WHEREAS, on February 9, 2012, the Public Notice for the AUAR Update was published in the Rosemount Town Pages; and WHEREAS, by March 7, 2012, the City had received comments from the Metropolitan Council; letters from the Minnesota Department of Transportation and the Minnesota Pollution Control Agency stated that those agencies have no comments; and e -mails from Dakota County and the US Army Corps of Engineers stated that those agencies have no comments; and WHEREAS, the AUAR update was received to address the Metropolitan Council comments; and WHEREAS, on March 20, 2012, the City Council of the City of Rosemount reviewed the AUAR Update. THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the Update of the Final CSAH 42 /Akron AUAR dated March 20, 2012. ADOPTED this 20th day of March, 2012 by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk March 20, 2012 Update Final Alternative Urban Areawide Review CSAH 42 /Akron 1. Project Title: CSAH 42 /Akron Study Area 2. Proposer: City of Rosemount 3. Responsible Unit of Government (RGU): Ms. Kim Lindquist Community Development Director City of Rosemount 2875 145 Street West Rosemount, MN 55076 E- mail: kim.lindquist @ci.rosemount.mn.us 4. Reason For AUAR Update Preparation: Minnesota Rules 4410.3610, Subp. 7 states that an AUAR must be updated every five years to remain valid. The CSAH 42 /Akron AUAR was originally adopted on February 6, 2007. 5. Project Location: County: Dakota City /Township: Rosemount T115N R19W SE' /4S16 SW' /4S15 NE' /4S21 W' /2S22 SE' /4S22 SW' /4S23 N 1 /2 S27 NW 1 /4 S26 6. Project Description: a. Description Development Scenarios Three Comprehensive Plan Amendments have occurred within the AUAR area since its adoption. First, the 2030 Comprehensive Plan was adopted on May 19, 2009. The 2030 Comprehensive Plan changed the title of Urban Residential to Low Density Residential, reduced the average density of Low Density Residential from 2.5 units /acre to the 2.35 units /acre, and increased the density of the 1 High Density Residential from 12 units /acre to 20 units /acre. The density changes were a result of historical plat monitoring data for Rosemount. The 2030 Comprehensive Plan approved the land use changes of the Prestwick Place preliminary plat within the AUAR which reduced the Low Density Residential by 33 acres, increased the Medium Density Residential by 24 acres, increased the High Density Residential by 2 acres, reduced the Commercial by 1 acre and increased the Public /Institutional by 8 acres. Second, the Prestwick Place 2n Comprehensive Plan Amendment was approved on June 15, 2010, and increased the Low Density Residential by 45 acres, decreased the Medium Density Residential by 20 acres, and increased the High Density Residential by 25 acres. Third, the Prestwick Place 3` Comprehensive Plan Amendment was approved on May 17, 2011, and increased the Low Density Residential by 30 acres by decreasing the Medium Density Residential by 30 acres. The three Comprehensive Plan Amendments result in the potential decrease of 390 housing units. Table 1: 2007 Scenario One and the 2012 Comprehensive Plan Land Use Designations a b e. w 75 i - rx G4 U u Acres Potential Acres Potential Acres Potential c Acres Square `ii Units Units Units O. ' Feet 2007 AUAR 1,035 2,590 285 2,000 41 500 5,090 85 844,500 10 Scenario 1 2012 1,077 2,530 259 1,810 18 360 4,700 84 840,000 18 Comprehensive Plan Change + 42 - 60 - 26 - 190 - 23 - 140 - 390 - 1 - 4,500 + 8 b. Description of Surrounding Areas There are no changes to the surrounding area in the last five years. c. Anticipated Infrastructure There are no changes to the anticipated infrastructure. 2 7. Project Magnitude: Table 1 summarizes the proposed land uses for the AUAR area based on the adopted Comprehensive Plan. 8. Permits and Approvals: There are no changes to the permits and approvals needed to implement the AUAR. 9. Land Use: The first two phases of single family development (29 lots for DR Horton in Prestwick Place 2 " and 27 lots for Lennar in Prestwick Place 3") have had their public infrastructure installed. These developments are located directly north of CSAH 42 and west of Akron Avenue. No other land use changes have occurred in the AUAR area. 10. Cover Type: The only changes to the cover type is that 27 acres of property were transferred from Cropland to Developed as a result of Prestwick Place 2n and Prestwick Place Y Table 2: Cover Type Cover Type 2007 Acreage 2012 Acreage Wetlands 66 66 Wooded /Forest 93 93 Brush /Grassland 139 139 Cropland 1,134 1,107 Right -of -Way /Developed 24 51 Total 1,456 1,456 11. Fish, Wildlife, and Ecologically Sensitive Resources: There have been no changes to fish, wildlife, and ecologically sensitive resources. 12. Physical Impacts on Water Resources: Stormwater infrastructure has been installed with Prestwick Place 2 " Prestwick Place 3r the construction of Connemara Trail, and the reconstruction of Akron Avenue to prevent any impacts to the water resources. 13. Water Use: There is a 7.7% reduction in proposed units due to the Comprehensive Plan land use designation change. This level of reduction will not result in a change in the need for drinking water wells, water storage, or water treatment. 3 Table 3: Water Demand 2007 Scenario 1 2012 Comprehensive Change Plan Designations Area Served 1,456 1,456 None Population Served 15,270 14,100 -1,170 Average Day Water 1.522 1.412 0.110 Demand (MGD) Maximum Day Water 3.805 3.530 0.275 Demand (MGD) 14. Water - related Land Use Management Districts: There has been no development within the AUAR area regulated by the City's Shoreland Zoning district. 15. Water Surface Use: Not applicable. 16. Erosion and Sedimentation: All development and construction has occurred following the appropriate SWPPP and NPDES permits. 17. Water Quality — Surface Water Runoff: The changes to the Comprehensive Plan land use designations shown on Table 1 will not result in any changes to the water quality of the surface water runoff. Stormwater infrastructure has been installed with Prestwick Place 2n Prestwick Place 3r the construction of Connemara Trail, and the reconstruction of Akron Avenue to prevent any impacts to the water resources. 18. Water Quality — Wastewater: There is a 6.8% reduction in estimated wastewater flow due to the changes in the Comprehensive Plan land use designation resulting in a 100,000 gallon per day reduction in wastewater flow. This level of flow reduction will not require any changes in the sanitary sewer infrastructure planned within the AUAR. With the reconstruction of Akron Avenue, the 24 inch sanitary sewer MCES diversion pipe was installed from CSAH 42 to Connemara Trail and the City trunk sanitary sewer line was installed from Connemara Trail to the north side of Bonaire Path. The City trunk line was a 24 inch pipe from Connemara Trail to a location about 2,000 feet north of Connemara Trail and a 20 inch pipe from that location to the stub location north of Bonaire Path. 4 Table 4: Estimated Average day and Peak Hour Wastewater Flow 2012 Comprehensive rehensive 2007 Scenario 1 Change Plan Designations g Number of Equivalent 5,337 4,974 -363 Residential Units Average Daily Waterwater Flow per 274 274 None Unit (gpd) Total Average Daily 1463,000 1,363,000 - 100,000 Waterwater Flow (gpd) Peak Hour Waterwater 4,389,000 4,089,000 - 300,000 Flow (gpd) 19. Geologic Hazards and Soil Conditions: There are no changes to the geological hazards or soil conditions within the AUAR. 20. Solid Wastes, Hazardous Wastes, and Storage Tanks: The solid wastes generated from the AUAR are projected to be reduced by 5,733 pounds per day as a result of the reduction of 390 housing units. There are no changes to the hazardous waste or storage tanks as a result of the housing unit reduction. 21. Traffic: There is a 5.1% percent reduction in average daily trips (ADT) due to the Comprehensive Plan land use designation change. This level of traffic reduction will not require any changes to the transportation system as planned in the adopted Transportation Plan. Two roadway improvements were conducted within the AUAR during the last five years. Akron Avenue was constructed to a three lane urban design from CSAH 42 to Bonaire Path and Connemara Trail is currently being constructed to a three lane urban design from the western AUAR boundary to Akron Avenue. The Connemara Trail construction will be completed in the summer of 2012. Table 5: Traffic Generation 2007 Scenario 1 2012 Comprehensive Change Plan Designations ADT Volume 46,794 44,408 - 2,386 PM Peak Volume 4,351 4,129 - 222 5 22. Vehicle - related Air Emissions: Not applicable. 23. Stationary Source Air Emissions: Not Applicable. 24. Odors, Noise and Dust: Construction activities in the AUAR have followed the regulations in place at the time regarding odor, noise and dust. There will be no increase in traffic- related noise above that described in the 2007 Scenario 1. Train noise has been reduced at Akron Avenue due to the upgrades to the railroad crossing and approval of the Federal Quiet Zone. There will be no increase in odors above that described in the 2007 Scenario 1. 25. Nearby Resources: There are no changes to the resources described within Section 25 of the AUAR. 26. Visual Impacts: There are no changes to the visual impacts within the AUAR. 27. Compatibility with Plans and Land Use Regulations: The developments within the AUAR have applied for and received all necessary Comprehensive Plan Amendment approvals from the City Council and the Metropolitan Council. 28. Impacts on Infrastructure and Public Services: There is a 7.7% reduction in ro osed units and population due to the Comprehensive Plan land p p p p p use designation change. This level of reduction will not result in a change in the need for infrastructure and public services. 29. Cumulative Impacts: There is a 7.7% reduction in proposed units and population due to the Comprehensive Plan land use designation change. This level of reduction will not result in a change of the cumulative development impacts. 30. Other Potential Environmental Impacts: Not applicable. 6 rl +0 , mil l:, °� °� _ ° * Legend . t ' '" '' r ,, Proposed Land Use an Public/Infrastructure ?i y , °� " ' '� ti "" V v ., Urban Residential Commercial ii. = __w ` I Medium Density Residential Water „ . ,,r ,r4 e t 4 m. - High Density Residential � ProjeaArea r .� ' cit � .. ; f ' S E . cenanol M ":;flit �__ r r 3 Urban Residential: 2.5 unitslac = 2590 units `, • mtts �- ' s 5 ' # � ,2 Medium Density Residential: 7 unitslac = 2000 units t -, 1 ; ,i -- I , ? & tl .......0. : a � y H Density Residential: 12 unitslac = 500 units • , Commercial: 10,000 sflac = 844,500 sf 1 . r a + { i y t h• ^ 'V .iv l' '"M ,fir • .+ ! _ . . *s' , fi t .. al { f . i. 4 f } ,: y s9 ,v ✓:' 'fit s - -'- +. 135th 'St W ty . ,...... r'...$ ' - , -.0 -..-,.; -, 1. ..4C' .' '' ' �,iN', .4,l�jF ' ,t ' ' t a,N ),)a L r P . 4 * ` ; 1 ` r ty '' ,¢d it i y sl +.: L - 1 • '!@; t' j.. ,% ) Art . - irs ,,,,,e, ' !, » . ■ -' '•-,' 145th St W , f' 1 iSth �St'E ° �it _ -. z l/ :, , i s '., / ;4 .. car= ^ k . ' µ . • t ' gure 6 _... ,- S ' WI 11 tt,,-,.. , ,r,-,,l' ' pl. ' ''' . ..r , ....... ,........„ ir., . 1 1 . )11 jig.; December2006 t �� ' 0 1,000 2•00o Cenano 9 C Feet Ai SAN 42 / Akron A UAR �`J ROSF.MOL.IN•T {�SB MINNIfOTA A. Aaraide, fir. 7 U w .._____, , _ r 1c N a >, m A 04 n O 5 W W ° O 1..- t 111 1 74, 7 j ; 1 1 PTtTTTe ' 0 1 • Vh r.. 1 411 , „ ......., .. - ' . . , . • r— , s ; t ; rt I 12 m o Illi n g oo °.., „ii (� N N ,k Ali /� c o Y Ow m .....c1 ° c a a 'wm ' J z � 1 x o o a _ xaam� '� 'p 1 11 ° z - i • N ii aD. i _ cc 2 2 13 — I t � J °. f ,. MIM: to r l _ �, 1 Eris! 1 _ l a u E � _ A A f Y � • E E V) E!4 It ( c o m Y - i.4� 0 ao °z" "em �--y , (7 F U U U / '_ In M ¢ 6 2 2 8 , , � N 0 1 1 1_. _.._.._ . 4 =:` a N y ; .. p - AAA Metropolitan Council AA AA February 16, 2012 Kim Lindquist, Community Development Director City of Rosemount 2875 - 145 Street West Rosemount, MN 55076 RE: CSAH 42 & Akron Study Area Final Alternative Urban Areawide Review (FAUAR) and Mitigation Plan Update Metropolitan Council District 16 Metropolitan Council Review File No. 19859 -3 Dear Ms. Lindquist: Metropolitan Council staff has reviewed the FAUAR Update (Update) to determine the document's accuracy and completeness in addressing regional concerns. Council staff finds the Update accurate and complete, and raises no major issues of consistency with Council policies or systems plans. Council staff provides the following technical comments for your consideration. Item 6 — Project Description The Update indicates on page 2 that the three Comprehensive Plan Amendments that have been approved for the AUAR area result in the potential decrease of 3090 housing units. Table 1 on the same page however, indicates a decrease of 390 potential housing units. The City needs to correct the inconsistency between these two figures. Item 13 — Water Use The western side of the AUAR area is located within the City of Rosemount's Drinking Water Supply Management Area (DWSMA), which has been designated as being highly vulnerable to contamination by the City and the MN Department of Health. Redevelopment within this area should be consistent with the City's Wellhead Protection Plan to protect the community's drinking water sources. If the most recent DWSMA map and descriptive information are not included in the AUAR, it should be added in the appropriate places. Items 14 (Water - related Land Use Management Districts), 17 (Water Quality — Surface Water Runoff), 20 (Solid Wastes...), 25 (Nearby Resources), and 27 (Compatibility with Plans...) are all places would benefit from acknowledging the City's DWSMA and Wellhead Protection Plan. The figure below illustrates the project area in relation to the City of Rosemount's DWSMA. Green denotes low vulnerability areas, yellow denotes moderately vulnerable areas, and orange denotes highly vulnerable areas. www.metrocouncil.org 390 Robert Street North • St. Paul. MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 An Equal Opportunity Employer � v6 r i .1-•■ , 1 l... -7} a t . ? - , � 7`, :,..:V.'',;, } • ' % f S'• ' .. , Zi I' 1 11. r 47-•.:' s /; CK -4t • 1 i F ��. tK+i _ 1. 1l ' j 1 0.4. ' Lit L' • ` 1 VA ii i.---s--- s° `� 1 or •. .,,,..,....4_,. r 1111. yt '.':','' ' • • r . E3ONAIRE PATH E< —Fe ._1 1 ' _ T, ,` P. - .: 1451- s w 1 .. 0 I _1 _ __ ; , Item 18 — Water Quality — Wastewater The Update states that approval of the three Comprehensive Plan Amendments for the AUAR area have resulted in a net potential decrease of 390 homes which is equivalent to a 100,000 allon per da g P day reduction in wastewater flow. The Update makes several references to Scenario #1. The Metropolitan Disposal System will have adequate capacity to provide wastewater services to the AUAR area for Scenario #1; however, Scenarios #2 and #3 may require a Comprehensive Plan Amendment (CPA). Item 21- Traffic The Update states that there has been a 5.1% reduction in average daily trips (ADT) due to the Comprehensive Plan land use designation changes. Council transportation staff requests clarification on how the ADT reduction was calculated. If you have any questions or need further information, please contact Jim Larsen PE, principal reviewer, at 651- 602 -1159. Sincere , V A' Phyllis J-Ia son, Manager I cc: Wendy Wulff, Metropolitan Council District 16 Patrick Boylan, Council Sector Representative Judy Sventek, MCES Water Resources Assessment Manager Cheryl Olsen, Reviews Coordinator N: \CommDev\LPA \Communities\ Rosemount \Letters\RosemtAUAR5.doc „1NESpTgy ° Minnesota Department of Transportation it Metropolitan District � e Waters Edge Building °f ` o 1500 County Road B2 West Roseville, MN 55113 February 16, 2012 Eric Zweber, Senior Planner City of Rosemount 2875 — 145` Street West Rosemount, MN 55068 — 4997 SUBJECT: CSAH 42 /Akron Avenue AUAR Update Dear Mr. Zweber: Thank you for the opportunity to review the CSAH 42 /Akron Avenue AUAR Update. MnDOT has no concerns with the updated plans. If you have any questions, please feel free to contact me at (651) 234 -7794. Sincerely, ■ 44.c _ mow40. 1 Tod Sherman Planning Supervisor Minnesota Pollution Control Agency 520 Lafayette Road North 1 St. Paul, Minnesota 55155 -4194 1 651- 296 -6300 800 -657 -3864 I 651- 282 5332 TTY I vaww pca.=tate. run .ui Equ I Opportunity Employer March 1, 2012 Mr. Eric Zweber Senior Planner City of Rosemount 2875 145 Street West Rosemount, MN 55068 Re: CSAH 42 /Akron Avenue Alternative Urban Areawide Review Update Dear Mr. Zweber: Thank you for the opportunity to review and comment on the Alternative Urban Areawide Review (AUAR) Update for the County State Aid Highway (CSAH ) 42 /Akron Avenue project (Project) in Rosemount, Minnesota. The Project consists of a mixed use residential, commercial, and institutional development. Minnesota Pollution Control Agency (MPCA) staff has reviewed the AUAR Update and has no comments at this time. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future permit action(s) by the MPCA. Ultimately, it is the responsibility of the Project proposer to secure any required permits and to comply with any requisite permit conditions. If you have any questions concerning our review of this AUAR Update, please contact me at 651 - 757 -2508. Sincerely, ‘ 1rG Vl Karen Kromar Planner Principal Environmental Review Unit Resource Management and Assistance Division KK:mbo cc: Craig Affeldt, MPCA, St. Paul Doug Wetzstein, MPCA, St. Paul From: Vanderpoel, Jane [ Jane .Vanderpoel @CO.DAKOTA.MN.US] Sent: Wednesday, March 07, 2012 9:41 AM To: Zweber, Eric Subject: RE: AUAR Eric - I appreciate the opportunity, but we won't have any comments. I think if I hadn't dropped the ball and we hadn't run out of time, Kurt would have sent something over related to space for the greenway, but we all know that you are well entrenched in that project and trust that if something needs to be said, you will take care of it. Thanks, until next time!! From: Wingert, Sarah E MVP [ mailto: Sarah.E.WingertOusace.army.mill Sent: Wednesday, March 07, 2012 03:53 PM To: Lindquist, Kim Subject: Update to CSAH 42 /Akron Ave AUAR, Rosemount, MN (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Hello Ms. Lindquist: The U.S. Army Corps of Engineers St. Paul District Regulatory Branch has received the AUAR Update for the CSAH 42 /Akron Avenue AUAR, dated January 30, 2012. We note that we provided comments on the original proposal in January 2007 under Corps Operations - Regulatory file number 2007 - 00009 -BAJ. Due to limited staff and resources, it is unlikely that Corps Regulatory staff will provide further comment on this document until we receive a jurisdictional determination request and /or a permit application. In lieu of a specific response, please consider the following general information concerning our regulatory program that may apply to projects in the area of the AUAR. If a 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 Section 404 of the Clean Water Act (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) determining whether the proposal complies with the Section 404(b)(1) Guidelines (Guidelines) (40 CFR part 230). If a 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. A project proposer may request a pre - application consultation meeting with the Corps to obtain information regarding the data, studies or other information that may 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. For further information or to request a pre - application consultation meeting or a jurisdictional determination, please contact me as I am currently the project manager for Dakota County. Thank you for allowing us the opportunity to comment! Sincerely, Sarah Wingert U.S. Army Corps of Engineers St. Paul District Regulatory Branch 180 5th Street East, Suite 700 St. Paul, MN 55101 -1678 sarah.e.wingert ( usace.army.mil 651 - 290 -5358 To help us improve our service to you, we invite you to complete our survey at: http://per2.nwp.usace.armv.mil/survev.html