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� <br /> buffer(4,064 ft2 x 75% =3,048 ft2) would be eligible as public value credit (PVC). Replacement <br /> credits, if required, would total 7,112 square feet (4,064 ft2 NWC + 3,048 ft2 PVC = 7,112 ft2) <br /> and exceed a 2:1 replacement ratio. Due to the nature of the project, the limited impact and the <br /> creation of wetland credits not required by the WCA, County staff did not expect problems with <br /> the approval of the project by the District. Since problems were not anticipated with approval of <br /> the project, County staff did not review historical aerial photos of the site to try to resolve <br /> questions regarding whether or not the impacted wetland qualified for exemption from WCA <br /> requirements. <br /> The project was delayed due to changes in the building design required by the City of Orono. <br /> During this period the WCA requirements regarding excavation impacts were changed. WCA <br /> rules now require that impacts resulting from excavation in type 3, 4 and 5 wetlands be replaced. <br /> County staff did not view this rule change as a serious problem because the voluntary wetland <br /> mitigation originally proposed was sufficient to meet WCA requirements. The final submittal <br /> was made on August 10,2000. <br /> After the County's application was tabled, whether or not the impacted area qualified for <br /> exemption from WCA requirements was now germane. County staff reviewed aerial <br /> photographs from 1953, 1957, 1964, 1969, 1975, 1979 and 1989. The aerial photographs indicate <br /> that the area was filled between 1957 and 1964. Additional review showed that the County <br /> excavated a storm water pond on this site. Over time this pond has developed wetland <br /> characteristics but is exempt from WCA requirements (Minnesota Rules 8420.0122 Subp. 5). <br /> County staff inet with District staff on December 13, to review the aerial photographs. Although <br /> the District staff agreed with the interpretation of the photographs presented by County staff,they <br /> requested that a technical evaluation panel (TEP) review the photographic evidence and confirm <br /> that the area is exempt from WCA requirements. The TEP, based on the photographic evidence, <br /> found that the impacted area was excavated to create a storm water pond sometime between 1979 <br /> and 1989. The TEP confiimed that the azea is not a jurisdictional wetland and the proposed <br /> excavation does not require any wetland mitigation. I believe the findings of the TEP and District <br /> staff should address the Board's concern regarding this project. <br /> Sincerely, <br /> ��, � <br /> Joel C. Settles <br /> Water Resources Specialist <br /> c: _ Greg Chock <br /> Guy Nowlan <br />