Minnesota Wetland Conservation Act Notice of Decision - 2013

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9. The Board of Managers finds that the failure to determine wetland buffer areas required to be protected through monumentation and maintenance in accordance with a recorded declaration constitutes a risk of impacts to adjacent wetlands fi•om stoi7nwater runoff to downgradient wetlands, which negatively affects the function and value of the downgradient wetlands. CONCL USIONS OF LAW 10. The District possesses authority under Minnesota Statutes sections 103D.335 and 103D.341 to adopt and implement rules applicable to erosion and sediment control and wetlands protection, and to issue remedial orders for compliance with its rules. And the District is the WCA LGU for Orono and the Propei�ty. 11. The approved wetland boundary delineation prepared for the Property and in the District's possession is no longer valid. See Minn. Stat. § 103G.2242, subd. 2a(e) (2007) (setting a legal valid period of tlu•ee years). 12. The District's Erosion and Sediment Control Rule and Wetland Protection Rule are duly adopted and in force pursuant to the Board's statutory authority and all applicable provisions of law. 13. Mr. Olson and Mr. Swanson received actual notice of and attended the meeting, and Mr. Swanson attended the hearing. The Board of Managers may hear the evidence of a violation and issue a compliance order on the basis of evidence presented at the hearing. 14. The Olsons are in violation of section 2 of the District Erosion and Sediment Control Rule, requiring conduct of cei�tain land-disturbing work in accordance with a plan approved by the District, and section 5 of the District Wetland Protection Rule,requiring the monumentation and maintenance of wetland buffers in accordance with a declaration approved by the District and recorded against the deed to the Property for construction of a New Principal Residential Structure that increases the imperviousness of the subject propet�ty. ORDER Accordingly, and in accordance with the recommendation of the Executive Committee,the Board of Managers hereby orders that the Olsons: l. Refrain from any land-disturbing activity at the Property unless and until the Olsons complete the following: • Submit an erosion and sediment control plan for staff approval, installation of measures and ongoing maintenance of the Property in accordance with the plan; • After District staff approval of form, execute and record a wetland buffer declaration establishing and providing for maintenance of 67-foot-wide buffer as indicated on attached site plan, in accordance with the 2007 delineation of and best available information on the function and value of wetlands on the Property; 3