Consultant's Report - Minnesota State Legislature

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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
MINNESOTA DEPARTMENT OF NATURAL RESOURCES Feasibility Study to Limit the Spread ofZebra Mussels from Ossawinnamal{ee Lake District, and approval by the Corps. This would be needed to ensure compatibility with the operations and maintenance ofthe navigation project. Activities such as dredging and construction of docks, bulkheads and utility lines require review under Section 10 of the Rivers and Harbors Act of 1899 to ensure that they will not cause an obstruction to navigation and are not contrary to the public interest. Under Section 404, a Corps' permit is required for the discharge of dredged or fill material into waters of the U.S., which include wetlands. Regulated discharges include filling wetlands for development, grading or pushing material around within a wetland, disturbing wetland soil during land clearing, etc. The general rule is that for an activity to receive a 404 permit it must comply with the EPA's Section 404(b)(1) guidelines. In general, the guidelines require that the activity be the least environmentally damaging alternative that is feasible, and that adverse impacts are avoided, then minimized, and then compensated for (such as creating or restoring wetlands to replace those that would be filled). Activities also must not be contrary to the public interest, as determined by the Corps. Certain discharges for some farm, forestry, maintenance and other purposes are exempt from Section 404 regulation. Exempt discharges must be for defined purposes and must satisfy certain conditions. The Corps should be consulted prior to the discharge of any material considered to be except to potentially avoid violating Federa11aw. Some general permits can be confirmed or issued in a day, while other general pennits and Letters of Permission may require a 30-day agency and public review process depending on the nature and location of the project and will take 45 days or more. Standard individual permits typically require a 30-day agency and public review and take 60 to 120 days or more. State MINNESOTA Minnesota DNR: Projects Requiring Public Waters Work Permits Under Minnesota Statutes 103G.245, Subdivision 1 (except as provided in Subdivisions 2, 11, and 12), the state, a political subdivision ofthe state, a public or private corporation, or a person, must have a MNDNR Public Waters Work Permit to: construct, reconstruct, remove, abandon, transfer ownership of, or make any change in a reservoir, dam, or waterway obstruction on Appendix A-2 REGULATORY OVERVIEW
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List ofTables MINNESOTA DEPARTMENT
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I. Introduction Purpose MINNESOTA D
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Feasibility Study To Limit the Spre
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MINNESOTA DEPARTMENT OF NATURAL RES
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Hydrological Characteristics MINNES
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Outlet Structure MINNESOTA DEPARTME
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lBhsl Nllrtq Osso'winnomakee Pelica
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Age and Growth MINNESOTA DEPARTMENT
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Zebra Mussel Feasibility Study-Main
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FINAL REPORT OF THE EFFECTS OF CUTR
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Limitations in this data set hav.e
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Appendix 1. Development of D. polym
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Figure 2 demonstrates that hatching
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Experimental designs were modified
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Pre-fertilization andpost-fertiliza
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Expt Chemical 1 2 3 Table 3. Summar
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Appendix 4: Effect of Exposure Time
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Aquatic invertebrates in upper Peli
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In contrast, fall sampling revealed
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Lake Ossawinnamakee and Pelican Bro
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VII-F. Meeting Summaries
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Rich Rezanka would like us to refer
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VII-G. List of Abbreviations Used
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VII-H. Glossary of Terms
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Secchi disc MINNESOTA DEPARTMENT OF
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Consultant's Report - Minnesota State Legislature

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