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� Melanie Curtis From: Catherine Bach [cbach@minnehahacreek.org] Sent: Thursday, October 14, 2010 4:01 PM To: Nathan VanCamp Cc: Steve Christopher; Luke Schwitzer; Melanie Curtis Subject: RE: Wetland Delineation Report Attachments: image001.png; WCA Rules-Chapter 8420.pdf; Wetland_Boundary-Type_app.doc Nathan, I sincerely apologize for my delayed response. Re�ardin�the possibility for your proiect qualifvin�for an exemption under the Wetland Conservation Act(WCA): It appears the only exemption your project (or a portion of your project) may qualify for is the De minimis exemption under Section 8420.0420 Subpart 8(A)(3) of the attached rule,which allows for a specific square footage of wetland impact (i.e.fill)that would not require replacement. The square footage of allowed impact is determined by the type of wetland (Type 1,Type 2,Type 3, etc.) and whether the project location is inside or outside of the shoreland wetland protection zone and the building setback zone (these zones are classified by and regulated under the city of Orono). I spoke with Melanie Curtis(city of Orono) about whether the project location is inside or outside of these zones, and she informed me that your property is within the shoreland wetland protection zone. We are still working together to determine if the project location is within the building setback zone or not. If the project location is determined to be within the building setback zone, it would reduce the amount of fill allowed even further. Given that your property is within the shoreland wetland protection zone,the absolute maximum possible amount of wetland you would be able to fill under the De minimis exemption is 400 square feet* (*this much fill would only be allowed if it is a Type 1,2, or 6 wetland). Based on the materials you submitted,the proposed fill area is approximately 40' wide by 100' long, which would total approximately 4,000 square feet. At this point, we can confirm that you will not be able to proceed with the project as your plans indicate without providing replacement. As mentioned above, in order to determine the specific square footage of fill that may be acceptable,the wetland type needs to be determined. The full wetland delineation report should identify the type of wetland on your property. However,the boundary and type determinations given in the wetland delineation report are not valid until approved by the WCA Local Government Unit,which is MCWD. The full wetland delineation report and a completed Application for Approval of Wetland Boundary and Type (attached) will need to be submitted to me to start this process. After receiving the complete application, a decision will follow 1)field review of the boundary/type and 2)completion of the comment period (which is a minimum of 15 business days from the date the application is received). After the boundary &type are approved (and after determining whether the project location is in or out of the building setback zone),we can then determine the exact amount of allowed wetland impact allowed under the De minimis exemption. Please let me know if you have any questions about where to go from here. Tha n ks, Catherine Bach District Technician Minnehaha Creek Watershed District 18202 Minnetonka Boulevard Deephaven, MN 55391 (952)471-0590 x226 www.minnehahacreek.or� 1