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Home My WebLink AboutMN wetland Conserv Act Notice of applic/decision Minnesota Wetland Conservation Act Notice ofApplication Local Government Unit(LGU) Address Minnehaha Creek Watershed District 18202 Minnetonka Blvd Deephaven,MN 55391 l. PROJECT INFORMATION Applicant Name Project Name Date of Application David Means 2940 Fox Street Application Number 7/25/11 Wll-09 Ty e of A plication(check all that a ly): � Wetland Boundary or Type ❑ No-Loss ❑ Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan Summary and description of roposed roject(attach additional sheets as necessar ): David Means has applied for approval of wetland boundary&type at the parcel located at 2940 Fox Street in the city of Orono(PID#04-117-23-31-0017). The application was received on July 25,2011 and completed on July 26,2011. The delineation was perfonned by Arrowhead Enviromnental Consulting on July 18, 2011. The boundary will be reviewed in the field by MCWD staff. 2. APPLICATION REVIEW AND DECISION Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 3 provides notice that an application was made to the LGU under the Wetland Conservation Act as specified above. A copy of the application is attached. Comments can be submitted to: Name and Title of LGU Contact Person Comments must be received by (ininimum 15 Catherine Bach business-day comment period): District Technician September 12,2011 (4:30 PM) Address(if different than LGU) Date,time, and location of decision: 18202 Minnetonka Blvd A decision will be made following field review Deephaven,MN 55391 of the delineation and completion of the � comment period. Phone Number and E-mail Address Decision-maker for this application: (952)641-4504 � Staff cbach@minnehahacreek.org ❑ Governing Board or Council Signature: Date: � � I � � BWSR Forms 7-1-10 Page 1 of 2 3.LIST OF ADDRESSEES � SWCD TEP member:Aennepin County Environmental Services,Attn: Tony Brough,417 N.Stn Street,Suite 200,Minneapolis,MN 55401-3206 � BWSR TEP member:MN Board of Water&Soil Resources,Attn: Lynda Peterson,520 Lafayette Road North,St.Paul,MN 55155 ❑ LGU TEP member(if different than LGU Contact): ❑ DNR T'EP member: � DNR Regional Office(if different than DNR TEP member):Reg.Env.Assess.Ecol.,Div.Ecol. Resources,Attn: Melissa Doperalski,1200 Warner Road,St.Paul,MN 55106 ❑ WD or WMO(if applicable): � Applicant(notice only)and Landowner(if different):David Means,2940 Fox Street,Orono,MN 55356 � Members of the public who requested notice(notice only): Consultant: Arrowhead Environmental Consulting,Attn:Ben Carlson,2909 Meadow Lane, Mound,MN 55364 City: City of Orono,Attn: Christine Mattson,2750 Kelley Pkwy,Orono,MN 55356 � Corps of Engineers Project Manager(notice only):Army Corps of Engineers;St.Paul District Office, Attn: Melissa Jenny,180 5th Street East,Suite 700,St.Paul,MN 55101-1678 ❑ BWSR Wetland Bank Coordinator(wetland bank lan a lications only) � 4.MAILING INFORMATION ➢For a list of BWSR TEP representatives:www.bwsr.state.mn.us/contact/WCA areas.pdf ➢For a list of DNR TEP representatives:www.bwsr.state.mn.us/wetlands/wca/DNR TEP_contacts.pdf ➢De artment of Natural Resources Regional Offices: NW Re i�on: NE Reeion: Central Re�: Southern Region: � Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Div.Ecol.Resources Div.Ecol.Resources ' Div.Ecol.Resources Div.Ecol.Resources 2115 Birchmont Beach Rd.NE 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South Bemid'i,MN 56601 ' Grand Ra ids,MN 55744 St.Paul,MN 55106 New Ulm,MN 56073 For a map of DNR Administrative Regions,see:http://files.dnr.state.mn.us/aboutdnr/dnr re ig ons•pdf ➢For a list of Corps of Project Managers:www.mvp.usace.armv.mil/re u� latorv/default.asp?pageid=687 or send to: ➢ US Army Corps of Engineers � St.Paul District,ATTN:OP-R 180 Fifth St.East, Suite 700 St.Paul,MN 55101-1678 ➢For Wetland Bank Plan applications,also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St.Paul,MN 55155 5.ATTACHMENTS In addition to tlie application,list any other attachments: ❑ ❑ ❑ ❑ ❑ BWSR Forms 7-1-10 Page 2 of 2 T � Minnesota Wetland Conservation Act Notice of Decision Local Government Unit(LGU) Address Minnehaha Creek Watershed District is2o2 M�nnetonka Bl�a Deephaven,MN 55391 1. PROJECT INFORMATION Applicant Name Project Name Date of Application David Means 2940 Fox Street Application Number 7/25/11 Wll-09 �Attach site locator map. Type of Decision: � Wetland Boundary or Type ❑ No-Loss ❑ Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findin s and Recommendation(if an ): ❑Approve ❑Approve with conditions ❑ Deny Summary(or attach): 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 9/16/11 ❑Approved � Approved with conditions(include below) ❑ Denied LGU Findings and Conclusions(attach additional sheets as necessary): On July 25,2011,the Minnehaha Creek Watershed District(1VICWD)received an application for approval of wetland type&boundary for the parcel located at 2940 Fox Street in the city of Orono(PID #04-117-23-31-0017). The application was completed on July 26, 2011. The delineation was reviewed in the field on August 22, 2011 by MCWD staff. During the field review, it was noted that an area south of the house displayed wetland characteristics but was not investigated or delineated as wetland in the report. Arrowhead Environmental Consulting (AEC) clarified that this area was not investigated for the presence of wetland because it would not affect a backyard pool.installation project(for which the delineation was conducted),and revised figures were received on August 26, 2011 (labeled Figure 1R,2R, 3R, 4R, & SR)that accurately display the area that was investigated for wetland. The revised figures are attached. One Type 2/3 (fresh wet meadow/shallow marsh)wetland was identified within the investigated area (Wetland 1). After further discussion with AEC,Wetland 1 was determined instead to be solely a Type 3 (shallow marsh)PEMCd wetland,rather than a Type 2/3 fresh wet meadow/shallow marsh wetland as described in the delineation report. BWSR Forms 7-1-10 Page 1 of 3 r , In summary,the boundary of Wetland las flagged in the field and described in the delineation report dated July 22,2011 is approved by MCWD with the following conditions: CONDITIONS: 1. Wetland 1 shall be considered a Type 3/shallow marsh wetland,rather than a Type 2/3 ' fresh wet meadow/shallow marsh wetland as described in the delineation report. 2. The area of investigation for which this decision applies to is shown on the attached revised figures received on August 26,2011 (labeled Figure 1R,2R,3R,4R,&SR). This decision is valid for five years. A project on this property may require a permit from MCWD. If you have any questions,please contact me at(952)641-4504. For Re lacement Plans usin credits from the State Wetland Bank: Bank Account# Bank Service Area County Credits Approved for , Withdrawal(sq.ft.or nearest .O 1 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project-specific replacement that is not in-advance, a fmancial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9(List amount and type in LGU Findings). ❑ Deed Recording: For project-specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's o�ce in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved . replacement plan. ' Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland.Conservation Act as . _ specified above. If additional details on the decision exist,they have been provided to the landowner and are available from the LGU u on re uest. Name Title Catherine Bach District Technician Signatur Date Phone Number and E-mail 9/16/11 (952)641-4504 cbach@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal(30 days)has expired.If this decision is reversed or revised under appeal,the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for five years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. � BWSR Forms 7-1-10 Page 2 of 3 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thiriy(30) calendar days of the date of the mailing of this Notice to the following as indicated: � Check one: ❑ Appeal of an LGU staff decision. Send ❑Appeal of LGU governing body decision. Send petition and$_fee(if applicable)to: � petition and$500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 4. LIST OF ADDRESSEES � SWCD TEP member:Hennepin County Environmental Services,Attn: Stacey Lijewski,417 N. Sth Street,Suite 200,Minneapolis,MN 55401-3206 � BWSR TEP member: MN Board of Water& Soil Resources,Attn:Lynda Peterson,520 Lafayette Road North,St.Paul,MN 55155 ❑ LGU TEP member(if different than LGU Gontact): ❑ DNR TEP member: � DNR Regional Office(if different than DNR TEP member): Reg.Env.Assess.Ecol.,Div.Ecol. Resources,Attn:Melissa Doperalski, 1200 Warner Road,St.Paul,MN 55106 ❑ WD or WMO(if applicable): � Applicant(notice only)and Landowner(if different):David Means,2940 Foz Street,Orono,MN 55356 � Members of the public who requested notice(notice only): Arrowhead Environmental Consulting,Attn:Ben Carlson,2909 Meadow Lane, Mound,NIN 55364 City of Orono,Attn: Christine Mattson,2750 Kelley Pkwy,Orono,MN 55356 � Corps of Engineers Project Manager(notice only):Army Corps of Engineers,St.Paul District ' Office,Attn: Melissa Jenny,180 5'b Street East,St.Paul,MN 55101-1678 ❑ BWSR Wetland Bank Coordinator(wetland bank plan applications only) ' 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives:www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pdf ➢For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.pdf ➢De arhnent of Natural Resources Regional Offices: NW Region: NE Re�: Central Re�: Southern Re�ion: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Div.Ecol.Resources Div.Ecol.Resources Div.Ecol.Resources Div.Ecol.Resources 2115 Birchmont Beach Rd. 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids,MN 55744 St.Paul,MN 55106 New Ulm,MN 56073 Bemid'i,MN 56601 For a map of DNR Administrative Regions, see:http://files.dnr.state.mn.us/aboutdnr/dnr reeions.pdf ➢For a list of Corps of Project Managers:www.mvu.usace.arm .� latorv/default.as��a�eid=687 or send to: US Army Corps of Engineers St.Paul District,ATTN: OP-R 180 Fifth St.East, Suite 700 BWSRForms 7-1-10 Page 3 of3 St.Paul,MN 55101-1678 � ➢For Wetland Bank Plan applications,also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St.Paul,MN 55155 6.ATTACHMENTS In addition to the site locator map,list any other attachments: � Revised figures received August 26,2011 (labeled Figure 1R,2R,3R,4R,&SR) ❑ ❑ ❑ ❑ BWSR Forms 7-1-10 Page 4 of 3