Consultant's Report - Minnesota State Legislature

METHOD OF INVESTIGATION
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
Feasibility Study to Limit the Spread ofZebra Mussels from Ossawinnamakee Lake
On line permitting and regulatory information was reviewed for the U.S. Army Corps of
Engineers, St. Paul District (Corps), the Minnesota Department ofNatural Resources (MNDNR),
and the Minnesota Pollution Control Agency (MPCA). Information on regulations pertaining to
new construction and modifications to existing structures was reviewed and summarized as it
relates to the control ofthe spreading zebra mussel population.
SUMMARY OF REGULATIONS
Federal
U.S. ARMY CORP OF ENGINEERS
If a project to install and/or modify structures at the existing locks and dams or at new river
locations is proposed to be undertaken by the Corps of Engineers, no state or local permits are
required. In addition, the Corps does not issue permits to itself to implement projects. The
implementation of a project by the Corps may require environmental review under NEPA
regulations as well as a Chapter 106 historic and cultural resources review.
If a zebra mussel project is going to be implemented at the State level, an Army Corps permit
will be required of that State Agency. The following summarizes Corps permit authority and
requirements:
Under Section 10, a Corps' permit is required to do any work in, over or under a Navigable
Water of the U.S. (these are generally called the "Section 10 waters") or to do any work that
affects the course, location or condition of the waterbody in such a manner as to impact on its
navigable capacity. Waterbodies have been designated as Section 10 waters based on their past,
present, or potential use for transportation for interstate commerce. These waters include many
of the larger rivers and lakes, such as the Minnesota and Mississippi rivers along with Lake
Superior, Lake Michigan and the Mississippi headwaters and many other rivers and lakes.
The U.S. Army Corps ofEngineers routinely applies for state waters permits out of comity. The
Corps is required to obtain State Water Quality Certification for projects involving fill in waters
ofthe United States as part of Section 404(b) ofthe Clean Water Act. In addition to the Section
10 Rivers and Harbors Act requirements described in the report, any work in proximity to the
navigation dams would require planning in consultation with the appropriate Corps of Engineers
Appendix A-I REGULATORY OVERVIEW