HomeMy WebLinkAboutMn Wetland Conserv Act Notice of Application-2016 Minnesota Wetland Conservation Act
Notice ofApplication
Local Government Unit(LGU) Address
Minnehaha Creek Watershed District 15320 Minnetonka Blvd
Minnetonka,MN 55345
1. PROJECT INFORMATION
Applicant Name Project Name Date of Application
Martha Head 2090 Shoreline Drive, Orono Application Number
8/12/2016 W 16-43
T pe of A lication(check all that a 1 ):
� Wetland Boundary oi•Type ❑No-Loss ❑ Exemption ❑ Sequencing
❑Replacement Plan ❑ Banking Plan
Summar and descri tion of ro osed roject(attach additional sheets as necessa ):
Martha Head has applied for wetland boundary &type confirmation for the wetlands located at
2090 Shoreline Drive in the City of Orono, Hennepin County,Minnesota. Legal description:
Section 15, Township 117N, Range 23 W. The boundary/type approval was requested on
August 12th,2016.
A wetland delineation was conducted by Anderson Engineering on August 9t", 2016. A
complete delineation report and WCA application were submitted to MCWD on August 12�n,
2016. One wetland was delineated on site. Wetland 1 was identified as a Type 2/4, Fresh Wet �
Meadow/Deep Marsh.
The boundaries will be reviewed in the field by MCWD staff.
2. APPLICATION REVIEW AND DECISION
Signing and mailing of this completed fo�7r►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 (minimum 15
Heidi Quinn business-day comment period):
Permitting Technician 9/6/2016(4:30P1Vn
Address(if different than LGU) Date,time,and location of decision:
15320 Minnetonlca Blvd A decision will be made following the review
Minnetonka, MN 55345 of the application and completion of the
comment eriod.
Phone Number and E-mail Address Decision-maker for this application:
(952)641-4504 � Staff
h uinn minnehahacreek.or ❑ Governin Board or Council
i-
�-_�,:�-- --� � , \ - _
Signature• � � '��''\�, � , ��� Date• r � �
t
BWSR Forms 7-1-]0 Page 1 of 2
3.LIST OF ADDRESSEES
� SWCD TEP member: Stacey Lijewski—stacey.lijewski@hennepin.us
� BWSR TEP member:Ben Meyer—ben.meyer@state.mn.us
❑ LGU TEP member(if different than LGU Contact):
� DNR TEP member:Kate Drewry—kate.drewry@state.mn.us,Jason Spiegel—
�ason.spiegel@state.mn.us
DNR Regional Office(if different than DNR TEP member):Becky Horton—
becky.horton@state.mn.us
❑ WD or WMO(if applicable):
� Applicant(notice only)and Landowner(if different):Kenneth Faucher—
ken.faucher@enfsurvey.com
� Members of the public who requested notice(notice only):Ben Hodapp—bhodappQae-mn.com,
Christine Mattson—cmattsonQci.orono.mn.us
� Corps of Engineers Project Manager(notice only):Melissa Jenny—
melissa.m.jenny@usace.army.mil
❑ BWSR Wetland Bank Coordinator wetland bank lan a lications onl
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 Re ional Offices:
NW Region: NE Re ion: Centrai Rcg�on: Southern Re�tion:
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 Wamer 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 regions.pdf
➢For a list of Corps of Project Managers:www.mvp.usace.army.mil/regulatory/default.asp?�ageid=687
or send to:
➢
US Army Corps of Engineers
St.Paul District,A'I"I'N: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.ATTACHI��NTS
In addition to the application,list any other attachments:
OComplete delineation report
❑
BWSR Forms 7-1-10 Page 2 of 2
Joint Application Form for Activities Affecting Water Resources
in Minnesota
This joint application form is the accepted means for initiating review af proposals that may afFect a water resource(wetland,
tribubry,lake,etc.�in the State uf Minnesota under sta#e and federal regulatory programs.Applicants for Minnesota Department
of Naturai Resources(DNR)Public Waters permits MUST use the MPARS online permitting system for submitting appHcatfons to
the DNR. Appiicants can use the informatbn entered tnta MPARS to substitute for campletEng parts of this joint application form
(see the paragrapfi on MPARS at the end of the joini application form instructions for addittonal information).'This form is onty
appficable ta the water resource aspects of proposed proJects uncfer state a�d federal regulatory programs;other facal
applications and approvats may be required.Depending on the nature of the project and the lacation and iype of water resources
impacted,multiple authorizations may be required as different regufatary programs hav�different types of jurisdiction over
different rypes of resources.
Regulatory Review Sbvcture
Federal
The St.Paul District of the U.S.Army Corps of Engineers(Corps)is the federal agency that regulates discharges of dredged or fill
mate�iai into waters of the United States(wetlands,tributaries,lakes,etc.)under Sectfon 404 of the Gean Wate�Act{CWA)and
regulates work in navlgable waters under 5ection 10 of the Rivers and Harbors Act. Applicatians are assigned to Corps pro)ect
managers who are responsible for implementing the Corps regulatory progrem within a partttular geographic area.
State
There are tttree state regulatory programs that regulate activlties affecting water resources. The Wetlaad Conservation Act
{1NCA)regulates most attivities affetting wetlands.It is administered by local govemment units(LGUs)which can be courrties,
townships,citf�s,watershed districts,watershed management organizations or state agencies(on state�wned land).The
Minnesota DNR Divisian of Ec�logical and Water Resources issues permits for work in specially-designated public waters via the
Public Waters Work Permit Program(DMR PubNc Waters Permits). The Minnesota Pollution Control Agenry(MPCA)under Section
4Di of the Clean Water Act certifies that discharges of dredged or fill material authorized by a federal permit ar license comply
with s#ate water quality siandards.One or more of these regulatory programs may be applicable to any one project.
Required Mfornnation
Prior ta submltting an application,appficants are atronalv encaura¢ed to seek input fram the Corps Project Manager and LGU staff
to iclentify reguiatory issues and required application materials for their proposed pro)ect.Project propanents can request a pre-
application consuttation with the Corps and LGU to discuss their proposed project by providing the information required in
Sections 1 throug}t 5 of this joint application form to facilitaie a meaningful distussion about their project. Many LGUs provide a
venue(such as regularly scheduled techMcal evaluatian panel meetings)far potential applicants to discuss their projects with
multiple agencies prior to submitting an application.Cantact irrFormatlon is provided below.
The following bullets autli�e the information generdUy required for several cammon types of deberminations/authorizations.
• For delineation approvals and/or jurisdictionai determinations,submit Parts 1,2 and 5,and AttaCt�ment A.
• For activities involving CWA/WCA exemptions,WCA no-loss deterrninations,and activities not,requiring mftigation,
submit Parts 1#hrough 5,and Attachment B.
• For activities requiring compensatory mitigation/repiacement plan,submit parts 1 thru 5,and Attachments C and D.
• For local road authority activities that qualify fur the state's local road wetland replacemerrt program,submit Parts 1
through 5,and Attachments C,D(if applicable),and E to both the Coms and the LGU.
Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 5
Submission Instruct[o�s
Send the completed joint application form and all required attachments to:
U.S Army Corps of Engineers.Applications may be sent directly to the appropriate Carps Office. For a current I'rsting of areas of
responsibflities and contact infarmation,visit the St.Paul District's websRe at:
http://www.mvq.usace.armv.mil/Missions/Reg,ulatorv.aspx and select"Minnesota"from the contact Information box.
Altematively,applications may be sent directly to the St.Paul District lieadquarters and the Carps will forward them to the
appropriate tleld ofFce.
Section 4fl1 Water Qualhy Cerditcatton:Applitants do not need to submit the joint appl9cation form to the MPCA unEess
speciflcally requested. The MPCA will request a copy o#the completed joirrt appl�cation form directly from an applicant when they
determine an individual 401 water quality certification is required for a proposed projett.
WeHand Cot�sewation Act Local Governmant Unit: Send to the appropriate Loca!Government Unit.If necQssary,contad your
county Soil and Wa#er Conservation District(SWC�)office or visit ihe 9oard of Water and Soil Resources(BWSR)web site
(www.bwsr.state.mn.us)to determine the appropriate LGU.
DNR Publk Waters Permittir�g:In 2014 the DNR will begin using the Minnesota DNR Permitting and Reporting System(MPARS)fo�
submission of PuWic Waters permft appifcations(https://webapasll.dnr.state.mn.us/maars/public(authenticatfon/losin).
Applicants for Pubtic Waters permits MUST use the MPARS online permitti�g system for submil#ing applications to the DNR. To
avoid dupf'ication and to streamline the application process among the various resource agencies,applicarrts can use the
information entered into MPARS to substitute for completing parts of this joint application form. The MPARS print/save functian
will provide the applicant with a copy of the Pubifc Waters permft application which,at a minimum,will satisfy Parts orte and twa
of this joint application. Fo�certain types of activities,the MPAR5 application may also prrnride all of the necessary information
r�equired under Parts thnee and four of the jaint appiicat[on. However,it is the responsibitity of the Applicant ta make sure that
the joint appllcation contains ali of the required ir�formation,including ider�tificatian of al!aquatic resources impatted by the
project(see Part four af the joint application). After confirming that the MPARS application contains all of the required
infarmation in parts one and two the ApplicaM may attach a copy to the joint applic�tion and fil!in any missing ir�formation in the
remainder af the joint applica#ion.
Minnesota Interagency Water Resource Appiication Form February 2d14 Page 2 of 5
Project Name and/or Mumber: 2090 Shoreline Drae,Orono—AE 14446
PART 4NE: Applicant Information
tf appikarrt is an entity(oompany,government entity,partnership,etc.),an authorized contatt person must be identifled. if the
applicant is using an agent(consultant,lawyer,nr other third party}and has authorized them to act on their behaif,the agent's
contact informatian must also be provided.
Appltcant/LandoMmer Name: Martha Head
Malltng Address: 2090 Shoreline Drive,Wayzata,MN SS391
Phone: 612-79d-7989
Hnail Address: Meadmyers�aol.com
� Authorir�ed CoMact(do not somplete If same as abave): Kenneth�aucher-Egan,Field&Nowak,Ine.
Ma[ling Address: 1229 Tyler Street NE,Suite 100,Minneapalis,MN 55413
Phone: 612-456-3300
E-mall Address: ken.faucher�enfsurvey.corn
AgeM Name: Ben Hodapp,Anderson Engineering of MN,LLC
Mailtng Address: 136051"Avenue North
Phone: 763-412-4000
E-matl Addresa: bhodapp�ae-mn.com
PART TWO: Site Location Information
Courrty: Hennepin City/Townshiq: Orono
ParcellD and/or Address: 2090 Shoreltne�rtve
L�gal Descriptton(Sectlon,Zownship,Range}: 515,T117N,R23W
�J�nB ldec(rnal degrees): �4•�B'45.15"N/93°34'a9.84"W
Attach a map shawtng the locadon of the sibe in relation to local strea�ts,roads,highways.
Appro�dmate sfze of site(acres)or 1f a linear project,length(faet): 3.7 acres
If you know that your proposal will require an individuaf Permit from the US.Army Corps af Engineers,you must provide the
names and addresses of atl property owners adjacent to the project site. This inf�ormation may be provided by attaching a list to
your application or by using blotk 25 of the Application for Uepartmerat of the Arnny permit which can be obtained at:
http:I/www.mvp.usace.army.mit/P�rtals/57ldocs/reAulatorv/ReAulatorvDocs/en�form 4345 2d12oct.ndf
PART THREE: General Project/Site information
ff this application is related to a deiineatian appraval,exemption determination,jurisdictional determination,or other
correspondence subcnitted pMor to this applica#ion then describe that here and provide the Corps of Engineers project number.
Describe the pro�ect that is being proposed,the project purpose and need,and stheduie for impiementation artd completion.The
project description must fully deuribe the nature and scope of the proposed activity includEng a description of all project elements
that effect aquatic resources(wetland,(ake,tributary,etc.)and must also include plans and cross section or profile drawings
showing the location,character,and dimensfons of all proposed acti�ities and aquatic resource impacts.
See wetland delineation report
Mi�nesota IMeragency Water Resource Applitatian Form February 2d14 Page 3 of 5
Project Name and/or IYumber: 2d9Q Shoreline Drive,Orono—AE 14446
PART FOUR: Aquatic Resource tmpact1 Summary
If your proposed project invalves a direct or indirect impad tc an aquatic resourc�(wetland, lake,tributary, etc.} identffy each
impact in the table below. lnclude atl anticipated impacts, inciuding those expected to bs temporary. Attach an averhead view
map,aeriai photo, and/or drawing showing all of tfie aquatic resources in the proJect area and the loca#ion(s) of the praprssed
impacts.Label each aquatic resource on the map with a refierence number or tetter and identify the impa�ts in the fallowing table.
Type of trnpact Duration of CouMy,Ma�ar
Aqustic Resource �uatic (�II,excavate, lmpect Overell Sirs of Extstlng Plane Watershed#.
ID(as noted on �u�� drain,or Pennanent(P) Size of ImpactZ AquaNc �mmunity and Bank
overhead view} ��land,lake, remove or Temporary Resource 3 �e�s��n 4 Servke Ares�
tributary etc,) 1 Impact Mea
vegetation) (Tj of ImpactAreas
11f lmpacts are temparary;emer the duratlon of Che Impacts in days next to the"7"'. Fo�examplQ,a project with a temporary access fill that
would be removed after 220 days would be eniered"T(220�'.
zlmpacts less tha�0.01 acre should be reported In square feet. Impacts 0.07.acre or greater shauld be reported as acres and rounded to the
�earest 0.01 acre. Tributary impacts must be feported in linear feet af impaet aod an area of impact by Indicatlng flrst the linear feet of impact
abng the flowiine of the str�am followed by the area impact in parerrtheses). For example,a project that impacts 50 feet of a stream that is 6
feet vWde would be reported as 50 ft(300 square feet).
�This is generally only applicable if you are applyfng for a de minimis exempdon under MN Rules 8420.0420 Subp.8,otherwise enter"N/A".
�Us�Wetland P/ants and PJant Commun/ty 7ypes of Mlnnesota and Wlsconsln 3'�Ed.as modffled In MN Rules 8420.0405 Subp.2.
SRefer to MaJo�Wate�ed arid Bank Service Area maps!n MN Rules 8420.0522 Subp.7.
ff any of the above iderrtified impacts have already otcurred,identify which impacts they are and the circumstances associated
with each:
PART F11/E: Applicant Signature
❑ Chetk here if you are requesting a are-a�nlication consultatian wi#h the Corps and LGU based on the information you have
provided. Regulatory entities will nat initiate a formal application review i�this box is checked.
By signature below,I attest that the infosmation in this appfication is camplete and accurate. I further attest that I possess the
authority to undertake the work described herein.
5ignature: � �'1.�� � � Date: g� 1 i � ��j
I hereby authorize Andenon Engineertr�of MN,LLC to act on my behalf as my agent in the processing a#this application and to
furnish,upon request,supptemental infarmatiort in support of this application.
�The term`7mpact"as used in this jair�t applicatlon form is a generic terr�us�ed for disciosur�e purposes to��tify
acdvitfes that may requMe apprcwsl from one or more regulatory sgencies. For purpasas of thts form it is not meant to
indlcate whether or not those acthritles may requlre mttigatian/replacemerrt.
Minnesota interagency Water Resource Application form February 2014 Page 4 of 5
Project Name and/or Number: 20905horeline Drive,Orono—AE 14446
Attachment A
Request for Delineatian Review, Wetland Type Determination, or
�urisdictional De#ermination
8y subrnission af the e�losed wetla�d deUneation report,I am requesting that the U.S.Army Corps of Engineers,St.Paui District
(Wrps)andJor the Wetland Conservation Act�ocal Gavernment Unit(LGU)provide me with the foliowing(check all that apply):
�Wetland 7ype Cor�firmaiion
�Delineation Concurrence. Concurrence with a delineation is a written notification frrvm the Ccrps and a decision from the E.GU
concurring,not concurring,or commenting on the boundaries of the aquatic resources delineated on the property.OeNneatian
cor�currences are generaliy valid for five years unless site conditlans change.Under this request alone,the Carps will not address
the jurisdictional status of the aquatic resources on the property,only the boundaries of the resources withln the review area
(including wetlands,tributaries,lakes,etc.).
❑Pre(i�tttnary�urisdlct�onat Oetermination.A p�eliminary jurisdictionat determinatian(PJD)is a non-binding written indicatio�
from the Corps that waters,including wetlands,identifled on a parcel may be waters a#'the United States.For purposes of
computation of impacts and compensatory mitigation requirements,a permit decision made on the basis of a P1D wtll ueat all
waters and wetlands in the review area as if they are jurisclictional wate�s ef the U.S. P1Ds are advisory In nature artd may nat be
appealed.
❑Approv+ed�urisdictfona!Determinatton.An appraved jurisdictional determination{A1D)is an official Co�ps determination that
jurisdictionai waters of the United States are either present or absent on the property.A1Ds can generally be relied upan by the
affected party for five yea�s.An A1D may be appealed through the Corps administrative appeai process.
in order for the Corps and LGU to process your request,the wetland delineation must be prepared in accordance with the 1987
Corps of Engineers Wetland Delineation Manual,a�y approved Regional Supplements to the 1987 Manual,and the Guidelines fnr
Submitting Wetland Delineaiions fn Mfnnesota(2013).
http://www.mvp.usace.ar�.mil/Missions/Re�ulatonr/DelineatiaNDGuidance.aspx
Mfnnesata Interagency Water Resource Application Form February 2014 Page 5 of 5