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DISCUSSION/VARIANCE Permit Application No.: 03-319 Rule: B/D/C/I Applicant: Robert Gumnit Project: Access road across wetland to island Received: 07/02/03 Location: 1100 Old Crystal Bay Roac]„Orono Complete: 07/16/03 cc..50%0 K^ Notification: 07/16/03 Recommendation: Approval. Permit should not be issued until the following conditions are met: 1. Reimbursement of mailing costs 2. Payment of Rule J fees 3. Submit a declaration for the preservation of wetland buffers which must be executed and recorded 4. Submit a wetland alteration surety for$5,000 5. An annual monitoring report must be submitted to MCWD by September 1 of each year in accordance with the Minnesota Wetland Conservation Act 8420.0620 Background: The applicant has proposed to fill 2000 square feet of wetland to create access to an island on the property at the address sited above in the City of Orono. One type 2/3 type 2/3, inland fresh meadow/inland fresh marsh wetland connected to French Lake Marsh, a DNR public water connected to Lake Minnetonka surrounds as island of the property. The applicant has proposed wetland mitigation in accordance with the Wetland Conservation Act and has proposed wetland buffers around the wetland on their property. Permits would allow for wetland fill, floodplain fill with mitigation,and the creation of wetland buffers on the property. Rule B: Erosion control consisting of a silt fence has been provided around the disturbed area at the site. Rule C: The proposed project fills 443 cubic feet of Lake Minnetonka floodplain. Mitigation for the floodplain fill is proposed in conjunction with the wetland mitigation which creates 1,416 cubic feet of storage in the floodplain. The project is in compliance with Rule C. Rule D: A 35-foot wetland buffer around all wetland areas on the property is proposed. An impact of 1,254 square feet is proposed to proved access on and off the island. Additional buffer of 2,580 square feet is proposed as buffer mitigation. The proposed buffer mitigation will widened the 35-foot buffer in two places to provide additional benefit to the wetland. The impacts to the wetland are minimized by utilizing an area that has been historically somewhat filled and maintained as a crossing in dry years. As per the DNR requirement,the fill is above the ordinary high water elevation of the wetland. Hydrology will be maintained across the road by the use of gravel fill and two four inch equalizer culverts. Rule I: The applicant has requested a variance to allow for a trail crossing through the wetland buffer. The applicant has proposed 2,580 square feet of additional buffer which will appear to provide equal or greater protection of the resource by accepting drainage from the top of the hill. To justify the variance request,the applicant has cited that there has historically been an access trail and historically due to poor soil and erosion the trail doesn't support crossing and access to the property. Attachments: 1. Application 2. Wetland buffer and erosion control plan/survey(3) 3. Site location map 4. Variance request(3) Renae Clark Date