Minnesota Wetland Conservation Act Notice of Decision - 2013

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K. Photos(six) 5-14-2013,Functional Assessment of Wetlands and Google Aerial L. Email from City of Orono with 11-15-12 building permit application for the Property 5- 21-13 M. Certificate of receipt of 5-17-13 notice—5-23-13. N. Survey, 1860 Fox St. Orono—5-23-13 These documents, along with the testimony provided during the hearing, constitute the record in this matter. 5. Manager Calkins, on behalf of the Executive Committee, asked Mr. Wisner to summarize the discussion that occurred before the committee. Mr. Wisner stated: That on May 9, 2013, Mr. Swanson contacted the District on behalf of the Olsons to inquire about peirnitting requirements applicable to his installation of a retaining wall on the Property. After followup research, inspection of the Property and communications with Mr. Swanson, District regulatory staff determined that: A. A 2007 District wetland determination and the District Functional Assessment of Wetlands data showed protected wetland on the Property; B. Substantial land-disturbing work,including grading, demolition of an existing and construction of a new residence,had been undertaken without a District permit. Mr. Wisner stated that following from these determinations, on May 14, 2013,District inspector Brett Eidem left a compliance order at the Property. The order required the contractor to submit a permit application to the District,maintain erosion and sediment- control measures and discontinue land-disturbing work on the Property. Mr. Eidem's inspection did not identify tlueatened or actual damage to water resources resulting from lack of or improperly implemented erosion- and sediment-control practices,but noted no demarcation of buffers on wetlands on the Property. Mr. Wisner explained that Mr. Swanson asked the committee to consider allowing land- disturbing work on the Property to continue while Mr. Swanson fulfilled District permitting requirements. 6. Mr. Wisner also stated that in response to Mr. Swanson's request,the committee developed a recommended order for the Board of Managers' consideration would allow land-disturbing work to recommence on the Property while imposing certain conditions ensuring implementation of proper erosion-and sediment-controls and protection of wetlands on the Property are met. 7. Mr. Swanson appeared before the Board of Managers and did not contradict or add to Mr. Wisner's recounting of the record in the matter. Mr. Swanson stated that he appreciated the managers' taking the time to consider the request to allow work to continue while he fulfilled District permit requirements. 8. The Board of Managers finds the above-stated report of the committee meeting in the matter and the facts stated herein to be supported by the record and adopts it as the factual findings in this matter. 2