2012-01221 - land alteration - Laserfiche WebLink

Home Browse Search

1)-6101\ 1 April 3,2013 Christine Mattson City of Orono (1 2760 Kelley Parkway, P. 0. Box 66 Crystal Bay, MN 55323lo 111 10 RE: Land Alteration Permit Application#2012-01221 85 S Old Crystal Bay Rd S i� ' dia Letter from City of Orono dated 01/07/2013 V" This letter is in response to the letter we received from you dated January 7, 2013. We are writing to bring some clarification to some of the issues and events referenced in your letter. With regard to our building permit#P09168,we are providing you with the information we have on file stating that the buffer mitigation that was at one time planned to be required because of our driveway location was found to be unnecessary by the Minnehaha Creek Watershed District (MCWD) prior to the building permit being issued. We have included the drawings you sent to us and labeled them Drawing#1 and Drawing#2. Drawing #1 was the original drawing we submitted while in discussions with the MCWD and city about buffer mitigation due to the driveway location. However,this drawing became irrelevant once the MCWD determined that, as allowed by the De minimus Exemption under the Wetland Conservation Act,we were entitled to fill up to 2000 square feet of wetland with no requirements to mitigate the wetland or associated buffer areas. We had contacted the MCWD offices to inquire about the use of the De minimus Exemption and were told by our technician that this would be looked into. We had previously been scheduled to meet with the MCWD Board of Managers on September 15, 2005 to present our plan for mitigating the buffer. When we arrived for the meeting, we were given an apology and told that we did not need to make a presentation,and that we could proceed with our plan to fill up to 2000 square feet of the impacted wetland area as per our conversations with the District Technician. Please see the attached copy of the letter we received from the MCWD dated September 15, 2005 that confirms this. We then proceeded to have a drawing prepared by our surveyor that would show the plan to fill 2000 square feet of wetland, establish the required 25' buffer,and slightly move the planned driveway so that it would be located in the setback area,which is Drawing#2 and is the final drawing we had submitted for our permit application. However, an error was made on this drawing in that the mitigated buffer area to the east of the wetland was not removed from the drawing by the surveyor, and was overlooked by us(likely because after many delays we were trying to get the building project underway and time had become an issue). This added buffer area clearly was not required as supported by the information we have on file, and therefore we did not proceed with a permit application or any buffer mitigation. And,we have operated in that manner since. We noticed that the letter from the MCWD was not copied to the city and so it is possible you were not contacted by them regarding these changes. RECEIVED APR 4 2013 CITY OF ORONO