Mn Wetland Conserv Act Notices of Application

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Current Proposed Project ' The current proposed project involves wetland fill in two areas to improve the playability of the course in the vicinity of the 13th hole. The proposed fill areas would result in a total wetland impact of 0.42 acre(18,249 square feet). The impacts are proposed in two separate areas,referred to as the"northern fill area"and ' "southern fill area". A total of 0.30 acre of wetland fill is proposed in the northern fill area,and 0.12 acre of wetland fill is proposed in the southern fill area. The northern fill area will divide the wetland into two areas, west and east. The east wetland area will be connected to the west wetland area via 24-inch diameter pipe. In the southern fill area,upland will be created between the existing fairway and bunker area and the existing upland knoll to the west. Sequencing Approval ' A WCA sequencing application was submitted on March 30,2012 and approved by the MCWD pursuant to a recommendation of the Technical Evaluation Panel(TEP)on June 21,2012. Sequencing flexibility was allowed because the applicant was able to demonstrate that the wetland to be impacted is degraded to the point ' where replacement of it would result in a certain gain of function and public value. Alternatives were also examined for the proposed impacts. A functional assessment using the Minnesota Routine Assessment Method(MnRAM)demonstrated that the proposed replacement sites had higher quality functions and values than the proposed impact sites. The applicant has also minimized the proposed impacts by reducing the amount of total wetland fill from 0.71 acres to 0.48 acres. After the WCA sequencing application was approved,the proposed impacts were reduced further from 0.48 acres to 0.42 acres. Proposed Replacement The initial replacement plan application received on August 21,2012 proposed a combination of on-site wetland creation and the purchase of wetland bank credits from a bank site in the same county and wetland bank service area as the impacted wetland. A TEP meeting was held on November 15,2012 to review the application. At the meeting,the TEP raised concerns with the proposed on-site wetland creation. Due to current site conditions,it is likely that the Ecological Suitability& Sustainability criteria outlined in Chapter 8420.0522 Subp.5 would be very difficult to meet through the proposed on-site wetland creation. The wetland ' creation was proposed adjacent to a larger wetland basin dominated by narrow-leaved/hybrid cattail and reed canary grass,and under the WCA the presence of non-native,invasive species would not allow any replacement credits to be granted. Because of the TEP's concerns with the proposed on-site wetland creation ' and lack of other opportunities for replacement credit,on November 26,2012,the TEP issued findings and a recommendation that all wetland replacement requirements for the proposed project be met solely through the purchasing of banked credits from the same account from which a portion of the required replacement credits were originally going to be purchased. The TEP recommendation letter is attached. The wetland bank is ' located within the same county and wetland bank service area as the impacted wetland,which meets the metro- area siting requirements of the WCA but does not meet the siting requirements of the MCWD's Wetland Protection Rule,which replaces the WCA siring standard.(See Minn.R. 8420.0233.)The applicant has ' submitted a request for a variance from the MCWD siting requirement. Department of Natural Resources(DNR)Jurisdiction Both wetland impact areas were determined to be above the Ordinary High Water elevation of Department of ' Natural Resources' (DNR)Public Water Wetland#837W(OHW=976.7');therefore the impacts are not regulated by the DNR protected waters program. The wetland areas to be impacted are Type 3 shallow marsh dominated by narrow-leaved and hybrid cattail. 2.APPLICATION REVIEW AND DECISION Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 3 provides notice that an application was made to the LGU under the Wetland Conservation Act as specified above. A copy of the application is attached. Comments can be submitted to: Name and Title of LGU Contact Person Comments must be received by (minimum 15 Catherine Bach business-day comment period): District Technician March 19,2013 (4:30 PM) Address(if different than LGU) Date,time,and location of decision: 18202 Minnetonka Blvd A decision will be made following completion of Dee haven MN 55391 the comment period. ' BWSR Forms 7-1-10 Page 2 of 3