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Minnehaha Creek �i Watershed District <br /> Improving Quality of Water, Quality of Life <br /> June 8, 1999 <br /> ��� C� 9 1999 <br /> Gray Freshwater Center <br /> Hwys.15&19,Navarre Mr. Gabriel Jabbour <br /> 21 University Avenue N.E. <br /> Minneapo(is, MN 55413 <br /> Mail: <br /> 2500 Shadywood Road RE: 4465 Bayside Road, Orono <br /> Excetsior,MN 55331-9578 <br /> Dear Mr. Jabbour: <br /> Phone:(612)471-0590 <br /> Fax:(612)471-0682 I am writing in response to the discussion we recently had regarding the pond on your <br /> prooerty at 4465 Bayside Road, Orono. After researching the exemptions offered by the <br /> MN Wetland Conservation Act(WCA) and conferring with the District's attorneys it is <br /> Email: my conclusion that the pond woutd not be considered an incidental wetland. <br /> adminC�minnehahacreek.org As you related,the pond was excavated for the intention of retaining water, probably for <br /> Web Site: use by livestock. One interpretation of the rules (MN Rules Chapter 8420.0122, subpart <br /> www.minnehahacreek.org 5) would read this activity to result in an intentional water basin that, since it has taken on <br /> the characteristics of a wetland, should be considered a wetland. Another interpretation <br /> would suggest that the purpose of retaining the water was for something other than <br /> creating a wetland, assuming the original excavation was in a non-wetland area. <br /> The pond appears to be holding water and contains hydric vegetation that is growing <br /> Board of Managers quite well. This could mean there is a perched water table supporting the hydrology of <br /> the pond or the original excavation took place in a depressional area that was wet and <br /> Pamela G.Blixt could be considered a seasonal wetland or the pond may have a liner which promotes the <br /> James Calkins water retention. If a liner is present we could assume the hydrology is artificially retained <br /> Lance Fisher and the pond is therefore not a wetland. If the former two assumptions were correct it <br /> would be probable that the pond is a wetland. <br /> Monica Gross <br /> Thomas W.LaBounty Since there are some facts no one is sure about and since the pond is currently <br /> functioning as a wetland, it is my interpretation that the pond is a wetland and shou(d be <br /> Thomas Maple,Jr. preserved as a wetland. I would be glad to discuss this with you and have enclosed a <br /> "�1aIC0I^',FBid cor�of the Ru�es cited above for your convenience. <br /> Please call me with any questions at 471-6282. <br /> Sincerely,; , <br /> , ,t����-''L ti�---- <br /> J m Ha�ner <br /> ` istrict Technician <br /> Enclosure <br /> c: L. Eric Evenson, District Administrator, MCWD <br /> Mike Gaffron, City of Orono <br /> I <br /> � <br /> �Printed on recycled paper containinq C:\F[LES\wetiandsUabbour.doc <br /> at least 30%post consumer waste. <br />