Public Notice ISSUED: October 28, 2016 EXPIRES: November 28, 2016

Transcription

1 APPLICANT: White Earth Nation Public Notice ISSUED: October 28, 2016 EXPIRES: November 28, 2016 REFER TO: RQM SECTION Clean Water Act 1. APPLICATION FOR PERMIT TO: The applicant proposes to discharge fill material into 8.41 acres of wetlands adjacent to Star Lake for the purpose of constructing a commercial development that would include a gaming facility and attendant features. 2. SPECIFIC INFORMATION: APPLICANT: White Earth Band of Chippewa AGENT: Mr. Daniel R. Hanson, Moore Engineering AGENT: Mr. Robert Merila, Aquatic EcoSolutions APPLICANT'S ADDRESS: P.O. Box 418 Mahnomen, Minnesota AGENT S ADDRESS: 1808 East Fir Avenue Fergus Falls, Minnesota AGENT S ADDRESS: P.O. Box 497 Nevis, Minnesota PROJECT LOCATION: The project site is located in Sec. 15, T. 135 N., R. 41 W., Otter Tail County, Minnesota. DESCRIPTION OF PROJECT: The purpose of the project would be to provide a commercial development adjacent to Star Lake that would include a gaming facility and attendant features to provide entertainment options to the region. The project s attendant features include: lodging, restaurants, a conference center, supporting offices and storage spaces, associated parking, and roadways. The proposed project would be located across four adjoining parcels of land totaling acres, of which, one of the parcels totaling acres is property held in Tribal Trust, and could therefore support the gaming operations. Federal and State laws require that gaming operations would need to be located on Tribal Trust Land. The proposed commercial development was designed to be located within one general area to better provide and operate the services associated with the development. QUANTITY, TYPE, AND AREA OF FILL: The proposed commercial development would result in the discharge of fill material into 8.41 acres of wetlands adjacent to Star Lake. The quantities and wetland community types proposed to be impacted would include 0.05 acre of seasonally flooded wetlands and 8.36 acres of fresh wet meadow wetlands. The proposed project would also include the temporary discharge of dredged and fill material into 1.01 acres of the fresh wet meadow wetlands to facilitate construction activities. The project is located in the Souris-Red-Rainy-Region in Bank Service Area (BSA) 4. Page 1 of 4

2 Regulatory Branch (File No RQM) SUBJECT: Notice of Application for Permit VEGETATION IN AFFECTED AREA: The wetland areas have primarily a fresh wet meadow community. Plant species observed within the wetlands included reed canary grass, lake sedge, fowl bluegrass, Canada blue-joint grass, sandbar willow, black willow and common cattail. SOURCE OF FILL MATERIAL: The application does not specify the source of fill material. SURROUNDING LAND USE: The surrounding land use is a combination of agriculture and recreation including seasonal cabins and homes. MITIGATION: To compensate for the permanent impacts to 8.41 acres of the wetlands associated with the proposed commercial development, the applicant proposed to purchase a total of 14.8 wetland credits from private wetland banks. To compensate for the temporary impacts to 1.01 acres of the wetlands associated with the proposed commercial development, the applicant proposed to restore the wetlands to pre-project conditions. 3. 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. Replies may be addressed to Regulatory Branch, St. Paul District, Corps of Engineers, Brainerd Office, East Gull Lake Drive NW, Brainerd, Minnesota Or, IF YOU HAVE QUESTIONS ABOUT THE PROJECT, please contact Robert Q. Maroney in our Brainerd office at (651) or Robert.q.maroney@usace.army.mil To receive Public Notices by , go to: and add your information in the New Registration Box. 4. FEDERALLY-LISTED THREATENED OR ENDANGERED WILDLIFE OR PLANTS OR THEIR CRITICAL HABITAT. None were identified by the applicant or are known to exist in the permit area. However, Ottertail County is within the known or historic range of the following Federally-listed threatened (T) and endangered (E) species: Species Northern Long-eared Bat (T) Gray Wolf (T) Habitat Forest Forest Page 2 of 4

3 Regulatory Branch (File No RQM) SUBJECT: Notice of Application for Permit This application 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. 5. JURISDICTION. This application is being reviewed in accordance with the practices for documenting Corps jurisdiction under Section 404 of the Clean Water Act identified in Regulatory Guidance Letter We have made an initial determination that the aquatic resources that would be impacted by the proposed project may be regulated by the Corps of Engineers under Section 404 of the Clean Water Act. The Corps will prepare an approved or preliminary jurisdictional determination prior to making a permit decision. Approved jurisdictional determinations are posted on the St. Paul District web page at THE APPLICANT HAS STATED THAT THE FOLLOWING STATE, COUNTY, AND/OR LOCAL PERMITS HAVE BEEN APPLIED FOR/ISSUED: Permit Authority Status Tribal Land Usage White Earth Nation Applied Resolution Approved Conditional Land Permit Otter Tail County Tentative Submittal 8/1/2016 Lot Alteration Permit Otter Tail County Approved 7/1/2016 State Wetland Permit Otter Tail Regional TEP Applied Public Review Stage Federal Wetland Permit United States Army Corps of Applied Engineers Voluntary Environmental Otter Tail County Tentative Submittal 8/1/2016 Assessment Worksheet Regulation Waste Permit MN PCA In Design Permit not applied Water Appropriation Permit MN Department of Health In Design Permit not applied Storm Water Management NPDES and MN PCA In Design Permit not applied Utility Permit for Waste Water Otter Tail County In Design Permit not applied Treatment System Right of Way Permit Road Otter Tail County In Design Permit not applied Entrance and Signage Approach Permit Road Entrance Otter Tail County In Design Permit not applied 6. SECTION 401 WATER QUALITY CERTIFICATION. Valid Section 404 permits cannot be issued for any activity unless the Minnesota Pollution Control Agency (MPCA), or U.S. Environmental Protection Agency (EPA), water quality certification for the activity is granted or waived pursuant to Section 401 of the Clean Water Act. The Section 401 authority on non-reservation lands in Minnesota is the MPCA and on Tribal lands is the EPA. Any comments relative to MPCA s Section 401 Certification for the activity proposed in this public notice may be sent to: Mr. Jim Brist Resources Management and Assistance Division, 520 Lafayette Road North, St. Paul, Minnesota 55155; jim.brist@state.mn.us Page 3 of 4

4 Regulatory Branch (File No RQM) SUBJECT: Notice of Application for Permit Any comments relative to the EPA s Section 401 Certification for the activity proposed in this public notice may be sent to: Ms. Janice Cheng, U.S. EPA, Watersheds & Wetlands Branch, WW-16J, 77W Jackson Blvd., Chicago IL 60604; cheng.janice@epa.gov. 7. HISTORICAL/ARCHAEOLOGICAL. A database of Historic properties was examined in the pre-application phase of this project and a known historic site was found. The applicant conducted archeological surveys to determine the extent and nature of historic properties in the permit area. 8. 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. 9. PUBLIC INTEREST REVIEW. The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered, including the cumulative effects. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production and, in general, the needs and welfare of the people. Environmental and other documents will be available for review in the St. Paul District Office. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Enclosures: Drawings Chad Konickson Chief, Regulatory Branch Page 4 of 4

5 RQM Page 1 of 15 MVP RQM Shooting Star Casino - Star Lake ^ Otter Tail County Project Information ^ Location This map is for reference purposes only and does not represent a survey. Sec. 15, Twp. 135N, Rng. 41W Internally produced by JNR 0 1,000 2,000 4,000 Feet $

6 RQM Page 2 of 15

7 RQM Page 3 of 15

8 RQM Page 4 of 15

9 RQM Page 5 of 15

10 RQM Page 6 of 15

11 RQM Page 7 of 15

12 RQM Page 8 of 15

13 RQM Page 9 of 15

14 RQM Page 10 of 15

15 RQM Page 11 of 15

16 RQM Page 12 of 15

17 RQM Page 13 of 15

18 RQM Page 14 of 15

19 RQM Page 15 of 15