Minnesota Wetland Conservation Act Notice of Decision - 2013

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The soils at sample point SP 4-1 Wet were found to be hydric due to the presence of indicator A10 (2cm of Muck). Many hydrology indieators were present, ineluding A2 (High Water Table), A3 (Saturation), B9 (Water Stained Leaves), and D2 (Geomorphic Position). The soils at satnple point SP 4-1 Up were not found to be hydric. Hydrology indicator A3 (Saturation) was present. Detailed soils, vegetation, and hydrology data for the delineated jurisdictional wetlands are provided in the data sheets of the Technical Documents section. DISCUSSION SER completed all on-site delineations based on the three required technical criteria as outlined by the 1987 Manual and the 2010 Midwest Regional Supplement: the presence of hydric soils, a predominance of hydrophytic vegetation, and indicators of wetland hydrology in each basin. The site visit portion of the wetland delineation was completed on 5/20/13. SER personnel examined the subject property for areas meeting jurisdictional wetland criteria during the site visit and delineated the edge of four basins as being jurisdictional wetlands (Figure 5). Detailed soils, vegetation and hydrology data is provided in the data sheets of t�he Technical Documents section. A set of figures is provided in the Figures section. RECOMMENDATIONS Activities that impact ar could potentially impact wetlands are regulated at several levels of government. In Minnesota, the two primary jurisdictions are covered at the state and federal levels by the provisions of the following legislative actions. • State jurisdiction by the Wetland Conservation Act of 1991 (WCA) administered by the WCA Local Governmental Unit (LGU). • Federal jurisdiction by the Clean Water Act of 1972 and subsequent amendments. Wetland protection is implemented by the Corps of Engineers (Corps) with permit certification issued by the Environmental Protection Agency. While the wetland boundaries that SER has delineated are not official until approved by a WCA approved local government unit (LGU), SER advises the property owner/developer to refrain from any filling, draining, or excavating, or any impact to the area SER has delineated as wetland. No grading or filling in wetland basins should commence until all necessary permits have been obtained. Violation of wetland regulations may result in substantial civil and criminal penalties. Local ordinances may regulate wetland modifications such as brush and tree removal and burning in addition to grading and filling. Depending on the location of the property, buffers around the wetland may also be protected. Any activities in the proximity of the wetland should be cleared with appropriate WCA regulatory agencies. It is also advisable to have the wetland boundary surveyed by a licensed land surveyor. Since the pin flags used along the boundary can be vandalized or inadvertently knocked over, a GPS survey of the flags will assure the permanence of the boundary. The client should also be aware that according to current BWSR Svoboda Ecological Resources 6 1860 Fox Street Projcct Number:2013-005 Orono MN