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r Mike Gaffron - FW: Orono TEP Page 3 Tc: Ellen Sones; Lynda Peterson ; Renae Schubert Cc: Smyth, John R Subject: Orono TEP TEP Members, Yesterday,1 visited the USDA station in Elk River to review their inventory of FSA slides as recommended by the TEP following our October 7th meeting. I will be sending j staff recommendation to the MCWD Board of Managers for the denial of the City of Orono Wetland Conservation Act Exemption request for Lot 1, Block 1 of the Willow Prop Addition (1/4 NW Vi NE S33 T118 R23). I have based this recommendation on a number of documented facts: 1. The site consists largely of Cordova (hydric) soils, as verified by the TEP. 2. The site currently exhibits wetland characteristics. 3. The site, currently and historically, shows evidence of poor site drainage. 4. There has not been an adequate "action" documented to justify the reestablishment or creation of wetlands on site as an unintended consequence of human activity (as required in 8420 01220 Subp 5). The original application cites the construction of City Hall as the primary factor in the establishment of the wetlands, however, with curb and gutter on Kellev Blvd to the south of City Hall, it seems improbable if not impossible that the City Hall could contribute dr'jinage to the existing wetland Further submittals state that grading on the site sometime after 1992 h'js contributed to the poor site drainage, however, evidence to support this claim primarily consists of elevction contours extrapolated from a survey of .?n adjacent site which cannot be verified or confirmed. 5. United States Department of Agriculture Farm Service Agency slides were reviewed 'or the years 1981-1994 (flown in J:;ly). Crop stress and field wetness were observed on the slides for 1£83,1984, 1991,1992, and 1993. Inconclusive results due to bare soils were observed for years 1987 1988, 1989 (row crops/bare soil). No visible stress was observed for years 1981, 1982, 1985, 1990, ard 1994. In addition, analysis by the applicant shows wet conditions for the years 1996-2000 Since the area in question has been altered through farming, one would not necessarily expect this area to readily show signs of wetland characteristics through aerial photography (see Atypical Situations, USACE 1987 Manual), particularly if the area is considered to be a seasonally flooded wetland. The area does, however, show some crop stress in various years, primarily those which correlate with average to above average precipitation In addition, since the early 1990’s, the area appears to show increasing frequency of wetness, as evidenced in the 2000 USGS photo submitted by the applicant It is clear through observation of the photos that the individual farming the area needed to adjust the boundaries of the field on a semi-regular basis to accommodate changes in precip tation and wet conditio, is . ne applicant recently submitted evidence which documen: .> changes in suiface elevation for a portion of the site (extrapolated from a survey to the north of the site) as a result of grading which occurred sometime after 1992 While the grading could have contributed to the poor site drainage, the evidence appears to be insufficient to document the applicant's assertion of a change in the surface elevation on the site Furthermore, through observation of FSA slides, other aerial photography, as well as soils data, evidence appears to suggest the presence of a pre-existing wetland condition on the site From the evidence that has been evaluated through site visit, submittals by the applicant, as well as additional MCWD staff investigation, I have no choice other than to recommend denial of the application for exemption Due to the fact that there i3 evidence to imply the presence of pre-existing wetlands on the site as well as a lack of information to justify exemption, the exemption, in this case, cannot be applied Please let me know if you have any questions or concerns Sincerely, Michael Wyatt District Technician Minnehaha Creek Watershed District