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O ._ � � O O ' � � . � ;, � C ITY of ORONO � � � !� Municipai Offices ' ti ��.� `��1\;�G Street Address: Mailing Address: `4k',Egg04' 2750 Keiley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 October 18, 2004 David J. & Francine K. Delaney 3051 Farview Lane Long Lake, MN 55356 RE: 3051 Farview Lane—Wetland Landscaping Activity Dear Mr. & Mrs. Delaney: On August 23, 2004 the City Council rescinded tlle Floodplain and Wetland Management ordinances, adopted a new Floodplain ordinance, and enacted a moratorium on all work within, and within 26' of, all wetlands within the meaning of that term given it in Minnesota Statutes Section 103G.005, Subd. 19. Absent a formal delineation, I believe it is likely that all the wetlands on your property are subject to the moratorium. On or about August 25`�' a stop work order was posted at the above property as land alteration work was apparently being conducted within a wetland and wetland buffer without City or Minnehaha Creek Watershed District (MCWD) permits. It is my understanding that Matt Bolterman from the City and Jesse Carlson from the MCWD subsequently conducted a joint inspection of the site. The City understands that Mr. Carlson concluded that the work was done within a Wetland Conservation Act (WCA) protected wetland but comprised less than 400 square feet of impacted area and meets the "deminimus" standards of the WCA, and therefore the work was not prohibited by WCA Rules. After discussions with City staff and review of City maps, our conclusion is that the wetland area impacted by the land alteration work was not a City-protected wetland at the time the work was done, although the larger wetland nearer the lake was City protected. Through your attorney you are seeking City permission to finish the work that was done to the wetland by seeding/sodding that area. We have concluded that the remaining wark will be treated as restoration, and will allow the completion of the work upon issuance of the land alteration permit for which your attorney has applied. With regard to your expansion and enhancement of the gravel path which leads to the lake, Orono Building Official Lyle Oman granted approval to place the gravel without a plastic or fabric weed barrier underlayment with the understanding that this was a path for foot traffic. Mr. Oman was unaware of the now apparent use of that path for golf cart or other vehicular traffic. Such vehicular use by definition(Resolution No. 4006 attached) makes the graveled area hardcover. Hardcover is prohibited within 75' of the lakeshore Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us