10-25-1993 Council Packet - Laserfiche WebLink

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Zoning File #1877 October 22, 1993 Page 3 Type 1 wetlands are "seasonally flooded basins or flats" (Circular 39) and typical soil types may include Cordova, Dundas, Glencoe, Hamel, Minnetonka and Shields in addition to the more familiar wetlai i soil types known as "Lake Beaches", "Marsh", and "Peaty Muck". Per the Circular 39 distribution maps attached as Exhibit C. you can see that as ot 1956, Minnesota had relatively abundant Types 2 - 6 wetland, with minor amounts of Types 1, 7 and 8. The 1989 Federal manual for delineation of wetlands (now required by various agencies for determining wetland boundaries) requires only one ot three factors (vegetation, soil type, topography/hydrology) to be present in degraded or fanned areas to qualify a Type 1 wetland. The result is that many more acres of land not previously detined on any map as v.eiland, now will be delineated as Type 1. The Army Corp of Engineers, and the Minnesota Wetland Conservation Act (enforced by BWSR and MCWD) now require delineation and protection of Type 1 wetlands; but "protection" may be as simple as requiring a 1:1 replacement for wetlands being destroyed (2:1 after 1/1/94), since they do not seem to have a problem with alteration ot Type 1 s if they are replaced elsewhere. The kev issues for developers and for Orono are: Will Orono allow "dry buildable" credit for : a. newly defined Type 1 (and 2) wetlands not previously protected by the City? b. Type 1 (and 2) wetlands whose boundaries have expanded considerably due to the new delineation methods? Will Orono allow a developer to destroy (use) newly defined Type 1 weUands as long as other agencies mitigation requirements arc met.^ Will the City require maintenance of a 26 ’ land alteration/structure/haidcover setback buffer on newly defined Type 1 wetlands and will the City require that the 15' wetland - septic setback be required? Dry Buildable Credit and Wetland Mitigation Orono Code Section 10.55 requires 2.0 acres of land in each unsewered lot that is "not in the protected area", i.e. not in FUxxlway, Flood Fringe, or General Flood Plain District (wetlands as defined in our code are part of the Flood Fringe district). \4