Public Notice ISSUED: December 10, 2018 EXPIRES: January 9, 2019

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1 APPLICANT: REFER TO: St. Louis and Lake Counties Regional Rail Authority ARC Public Notice ISSUED: December 10, 2018 EXPIRES: January 9, 2019 SECTION:404 - Clean Water Act 1. APPLICATION FOR PERMIT TO: discharge dredged and fill material into 3.49 acres of wetlands adjacent to the Embarrass River, an unnamed tributary to the Embarrass River, and an unnamed tributary to the Pike River for the purpose of constructing a 9 mile Mesabi Trail extension from the existing trail terminus at Waisenen Road and Highway 21 in Embarrass, Minnesota to the intersection of Wahlsten Road and Trunk Highway (TH) SPECIFIC INFORMATION: APPLICANT'S ADDRESS: St. Louis and Lake Counties Regional Rail Authority 111 Station 44 Road Eveleth, Minnesota AGENT: Benchmark Engineering Incorporated, 8878 Main Street, PO Box 261 Mountain Iron, Minnesota PROJECT LOCATION: The project begins in Section 26, Township 60 North, Range 15 West, and ends in Section 29, Township 61 North, Range 15 West, St. Louis County, Minnesota. The approximate UTM coordinates are East North DESCRIPTION OF PROJECT: The applicant had applied for a Department of the Army permit to discharge dredged and fill materials into wetlands for a proposed extension of the existing Mesabi Trail. The existing Mesabi Trail is approximately 126 miles in length and located between the Itasca County Fairgrounds in the City of Grand Rapids and the community of Embarrass. The last 6 miles from TH 135 near the City of Biwabik to Embarrass were recently permitted and currently under construction. The proposed extension project would be approximately 9 miles in length and located between Waisenen Road in Embarrass and TH 135 north of Wahlsten Road. The proposed trail alignment would begin at the trail terminus at Waisenen Road and proceed east along Highway 21 for 2 miles before turning west to be routed along Wahlsten Road. The trail runs along Wahlsten Road for approximately 0.75 miles before turning east and along Sauna Road until it s routed northwest on the abandoned railroad grade, currently used as the Taconite Snowmobile Trail. The trail continues northeast on the railroad grade for 2.6 miles before turning onto an adjacent trail leading to Benson Road. The trail would continue on Benson Road before turning back onto Wahlsten Road for 1.5 miles to its terminus at the intersection of TH 135. The proposed trail extension would have an 8-foot wide paved surface with 2-foot gravel shoulders with 2:1 side-slopes on each side. The portion of trail routed on the snowmobile trail would incorporate a 10-foot wide paved surface located entirely on the existing grade. The new trail would have a 24- Page 1 of 5

2 Regulatory Branch (File No ARC) SUBJECT: Notice of Application for 9 mile Mesabi Trail Extension foot separation from existing roadway in 45 mph or greater areas. In less than 45 mph areas, a 10- foot separation is adequate. The overall 9.0 mile trail extension would provide a safe and efficient recreational trail system connecting the community of Embarrass to the rest of the Iron Range communities. BACKGROUND OF TRAIL PROJECT: The overall goal is to have the Mesabi Trail be 145 miles in length and be located between the City of Grand Rapids and the City of Ely; connecting the two cities. The current 126 miles of Mesabi Trail is multi-purpose recreational trail located in Itasca and St. Louis Counties with links to other regional and local trails. This segment of trail is primarily non-motorized, but in the winter months three portions of the trail allow for motorized snowmobiling. PROJECT ALTERNATIVES: Multiple alternative alignments were identified in the application, however five alternatives were narrowed down as being most practicable. A brief description of these alternatives is listed below. 1. No-build Alternative would leave segments of the Mesabi Trail incomplete. Trail users would reach the trail terminus at Waisenen Road along Highway 21 and would be forced to travel alongside the highway until reaching the next segment of trail. This does not provide a safe transportation corridor for recreationalists and puts them within close proximity to vehicle traffic. 2. Alternative 1 (Sauna Road or Hanka Nevala Road) would entail paving Sauna Rad or Hanka Nevala Road which would avoid acquiring easements from a majority of property owners and reduce the wetland impacts to approximately 1.25 acres. Both Sauna Road and Hanka Nevala Road are currently gravel, and this alternative would require St. Louis County to allow paving of both roads which would require traffic studies and public input. 3. Alternative 2 (Northern re-route) would include the preferred alternative s route until the north end of Wahlsten Road. The trail would turn west and follow the power line corridor to be routed back onto the railroad grade until ending at the Wahlsten Road and TH 135 intersection. This alternative would remove a portion of the trail from a public road, but desk review of the area determined wetland impacts would be approximately 4.2 acres, greater than the preferred alternative. 4. Alternative 3 (Original preferred route) would involve the trail starting at the existing trail terminus along Highway 21, and immediately turn northwest to be routed on top of the railroad grade before turning onto Benson Road. The trail would then turn west and run within the power line corridor until turning back onto the railroad grade until meeting the Wahlsten Road and TH 135 intersection. This alternative would reduce wetland impacts to approximately 1.5 acres, but would require multiple easements from public landowners. 5. Alternative 4 (preferred: Highway 21 and existing county roads) is the preferred alternative involving the trail running along Highway 21, turning onto Wahlsten Road, turning onto Sauna Road and routed to the railroad grade. The trail would stay on the grade before turning northeast onto an existing trail to Benson Road before turning back onto Wahlsten Road until the terminus at TH 135. VEGETATION IN AFFECTED AREA: The preferred project (Alternative 4) would result in the permanent discharge of dredged and fill material into 3.49 acres of wetlands: 0.02 acre of fresh wet meadow; 0.98 acre of shrub-carr/wet meadow; 2.45 acre of shrub-carr/forested; 0.04 acre of wet meadow/shrub-carr/forested; for the placement of the paved trail. The trail would move closer to roadways and be separated with a guard rail when crossing streams to utilize existing infrastructure. Page 2 of 5

3 Regulatory Branch (File No ARC) SUBJECT: Notice of Application for 9 mile Mesabi Trail Extension SOURCE OF FILL MATERIAL: The source of fill material would be determined by the contractor. The type of fill material would be clean granular soils. Fill material is anticipated to be needed beyond what is available on-site, therefore special provisions that follow Minnesota Department of Transportation Specifications 1602 and 1701 would apply. SURROUNDING LAND USE: Taconite mining, Wildlife Management Area, Compensatory mitigation banking DESCRIPTION OF DREDGING OR EXCAVATION: There would be minimal excavation activities for the construction of the trail bed though upland areas. THE FOLLOWING PRECAUTIONS TO PROTECT WATER QUALITY HAVE BEEN DESCRIBED BY THE APPLICANT: The proposed alignment would require an increase in impervious surface, therefore triggering a National Pollutant Discharge Elimination System storm water permit. The applicant has proposed to construct rock ditch checks to manage runoff from the impervious paved trail surface. The rock ditch checks would be installed at every one foot elevation change. The majority of the trail would follow existing highway ditches which would be re-established to maintain existing drainage patterns. Due to the extensive linear length of the route, rock ditch checks are preferred over sediment contrail basins or storm water ponds due to easier constructability. Best Management Practices (BMP s) would be used to ensure erosion and sedimentation is confined to the project limits. Some BMP s used for this project are silt fence, bio rolls, straw bales, and rock ditch checks. MITIGATION: The 9 mile trail extension involves the permanent impact to 0.56 acre of wetlands within Bank Service Area (BSA) 2 and 2.93 acres of wetlands within BSA 1. Compensatory mitigation for these permanent wetland impacts is proposed through the debit of wetland credits from an established federally approved wetland mitigation bank within Bank Service Area 1 and 2. The applicant proposes to purchase 0.56 wetland credits from the Wahlsten Peatlands Wetland Bank (BWSR Account #1638) in BSA 2, and 2.93 wetland credits from the Flute Reed Headwaters Wetland Bank (BWSR Account #1634) in BSA 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, 600 South Lake Avenue, Suite 211, Duluth, MN Or, IF YOU HAVE QUESTIONS ABOUT THE PROJECT, please contact Andrew Chambers in our Duluth office at (218) or Andrew.R.Chambers@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. Page 3 of 5

4 Regulatory Branch (File No ARC) SUBJECT: Notice of Application for 9 mile Mesabi Trail Extension St. Louis County is within the known or historic range of the following Federally-listed threatened (T) and endangered (E) species: Species Gray wolf (Canis lupus) (T) Canada lynx (Lynx Canadensis) (T) Northern long-eared bat (T) Habitat Northern forest Northern forest Hibernates in caves and mines, roosts and forages in upland forests during spring and summer 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 current practices for documenting Corps jurisdiction under Section 404 of the Clean Water Act. 6. STATE SECTION 401 WATER QUALITY CERTIFICATION. Valid Section 404 permits cannot be issued for any activity unless state water quality certification for the activity is granted or waived pursuant to Section 401 of the Clean Water Act. The state Section 401 authority in Minnesota is the Minnesota Pollution Control Agency (MPCA). The St. Paul District has provided this public notice and a copy of the applicant s Section 404 permit application form to the MPCA. If MPCA needs any additional information in order for the Section 401 application to be considered complete by MPCA, the MPCA has indicated that it will request such information from the applicant. It is the permit applicant s responsibility to ensure that the MPCA has received a valid, complete application for state Section 401 certification and to obtain a final Section 401 action from the MPCA. The MPCA has indicated that this public notice serves as its public notice of the application for Section 401 water quality certification under Minnesota Rules Part The MPCA has also indicated that the Section 401 process shall begin to commence upon the issuance date of this public notice unless the MPCA notifies both the St. Paul District and the permit applicant to the contrary, in writing, before the expiration date of this public notice. Any comments relative to MPCA s Section 401 Certification for the activity proposed in this public notice may be sent to: Minnesota Pollution Control Agency, Resource Management and Assistance Division Attention: 401 Certification 520 Lafayette Road North St. Paul, Minnesota HISTORICAL/ARCHAEOLOGICAL. This public notice is being sent to the National Park Service and the State Archaeologist for their comments. The Corps will review information on known cultural resources and/or historic properties Page 4 of 5

5 Regulatory Branch (File No ARC) SUBJECT: Notice of Application for 9 mile Mesabi Trail Extension within and adjacent to the project area. The Corps will also consider the potential effects of the project on any properties that have yet to be identified. The results of this review and the Corps determination of effect will be coordinated with the State Historic Preservation Officer independent of this public notice. Any adverse effects on historic properties will be resolved prior to the Corps authorization, or approval, of the work in connection with this project. 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. Andrew Beaudet Chief, Northwest section Enclosures ARC, Drawings 1-14 of 14 NOTICE TO EDITORS: This public notice is provided as background information and is not a request or contract for publication. Page 5 of 5

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