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r <br />m.3007 <br />May 10,2004 <br />Page 3 <br />In 1974-75 the Hennepin Conservation District staff prepared for Orono a map of wetlands to be <br />protected by the City, based on soil survey maps and overlaid onto a set of half-section B/W airphotos <br />taken in 1970. On the 1970 airphotos, Lakeview Terrace cuts tlirough the center of the old wetland area, <br />and the wetland o vcilay indicates that virtually the entire area of lot 2 is considered as wetland. Soil Type <br />“Fd", which indicates filled land. It is assumed that the fill was added duiing road construction in 1961, but <br />we have not been able to pin it down other than sometime between 1955 and 1970. <br />Jurisdictional Authority <br />The City has relied on the 1974-75 wetland inventory as the definitive mapping of wetlands protected via <br />City ordinance Sections 78-1109 tlmi78-l 112 (fonnerly Chapter 10.55 Subs. 5 tluti 8). The advent of <br />the Minnesota Wetland Conseivation Act (WC A) in the early 1990's resulted in an additional layer of <br />protection of wetlands, established a variety of parameters for defining and delineating wetlands, and <br />established certain timeframes for applicability of those parameters. Tlie City has authorized the Minnehaha <br />Creek Watershed District (MCWD) to act as tlie Local Government Unit (LGU) for administration o f the <br />WC A. Wetlands are also Federally regulated by the Aimy Corps of Engineers. Tlie City code functionally <br />ignores wetlands not shown on the 1974-75 Orono Wetland Inventoiy, but many small wetland basins not <br />shown on that inventory are shown on the various maps used by the MCWD for wetland administration. <br />These maps include theNational Wetland Inventoiy maps (19S9 USDI/FWS); the MnDNR’s Protected <br />Waters and Wetlands maps (1983) and MCWD’s “Functional Assessment of Wetlands ” (2003). <br />Additionally, the MCWD requires delineation of wetlands for all development where a wetland maybe <br />involved. Due to the WCA wetland delineation guidelines, many small Type I and II wetlands wltich the <br />City never contemplated protecting, are protected under WCA rules. <br />Current Wetland Status of “1925" Lakeview Terrace <br />Under City Ordinance 78-1112, virtually the entire lot is considered as a City-protected wetland, <br />and has carried that status since the City maps were adopted m the I970's. <br />The northeasterly portion of the property has been delineated by the applicants ’ wetland <br />consultant as WCA protected wetland. It has been delineated as a “Typc2 (PEMIB) wetland <br />dominated by reed canary grass along with some lake sedge and a few red-osier dogwoods.” This <br />delineation does not include the ditch area. On May 10 the applicant was advised, per the <br />recommendation of the City ’s wetland consultant, to have the MCWD certify the wetland <br />boundaries. This certification is still pending. <br />C) The wetland on Lot 2 is H2l mapped on the NWl maps nor the DNRmaps, and is oel mapped on <br />the MCWD’s “Functional Assessment” maps. <br />iiiftjrfiiWItiBhi’i