HomeMy WebLinkAboutRe: WCA violation Christine Mattson
From: Elizabeth Showalter <eshowalter@minnehahacreek.org>
Sent: Wednesday, September 19, 2018 2:56 PM
To: ericksonlew@gmail.com
Cc: Melanie Curtis; Christine Mattson; bobbe@bolton-menk.com
Subject: 2500 6th Ave N, Orono WCA violation
Attachments: 2500 6th Ave 3 Week Notice.pdf
Lew,
Thank you for speaking with me this morning when i visited your property to determine if fill had be placed within a
wetland.We did determine that a portion of the area you fill was previously wetland.We determined this by reviewing
aerial photos and looking at the existing conditions on your property. I understand that this is likely a surprise to you,
since the area you filled was not what most people think of as wetland.Aerial photos suggest the area was a wet
meadow,which is wet during the spring and is typically dry in the late summer and fall. In the attached letter, which was
also sent to you by mail, I explain the steps going forward.To bring your property into compliance with the Wetland
Conservation Act,you have two options
1. Hire a wetland specialist to determine where the boundary of the wetland was prior to the placement of fill.
They will then be able to help you apply for an exemption, no-loss determination, or replacement plan.
2. If you prefer,we can determine a wetland boundary,and then you would need to remove the fill in that area
and vegetate it with native seed.You will be responsible for reimbursing the District for staff time associated
with determination of the wetland boundary.
If you want to hire a consultant, a directory of wetland professionals is available here:
https://staticl.squarespace.com/static/5a78933caeb6254c5dc968e4/t/5ae7b2bf0e2e723c08485893/1525134015644/
WPAConsultantDirectorv20180414+Consultant+Directorv.pdf.We frequently receive applications from Anderson
Engineering, Midwest Natural Resources, Kjolhaug Environmental, and ISG.
Please let me know which option you would like to move forward with as soon as possible and no later than October 11,
2018.We would like to avoid the need for formal enforcement action and value your cooperation in resolving this
matter. If you have any questions, please let me know.
Sincerely,
Elizabeth Showalter
Permitting Techni�ian
Direct: 952-641-4518
M11iNiMAWACR[iK 15320 Minnetonka Blvd, Minnetonka 55345
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MINNEHAHA CREEK WATERSHED DISTRICT
QUALITY OF WATER QUALITY OF LIFE
Lew Erickson
2500 6th Avenue N
Orono, MN 55356
Dear Mr. Erickson,
The Minnehaha Creek Watershed District acts as the Local Government Unit responsible for
implementation of the Wetland Conservation Act(WCA) in the City ofi Orono. On September 19,2018,
staff from the District,with representatives from the Board of Water Soil Resources and Hennepin
County,who make up the Technical Evaluation Panel visited your property after being notified that fiil
may have been placed within a wetland.Staff investigated the site with to determine whether fill was
placed within wetlands.
The Technical Evaluation Panel determined that fill was placed within a wetland. Under the Wetland
Conservation Act,a restoration order must be issued if the property owner does not apply for an
exemption, no-loss determination,or replacement plan within three week of notification from the Local
Government Unit that a violation has occurred.This letter is your formal notice that a violation has
occurred.
The District would like to work with you to avoid the need for a formal restoration order.To bring the
property into compliance with WCA you have two options:
1. Hire a wetland consultant to determine where the wetland boundary was prior to fill and submit
an application for an exemption, no-loss determination, or replacement plan.A list of wetland
consultants is attached for your reference.
2. Indicate to the District that you would like the Technical Evaluation Panel to determine where
the wetland boundary was and removal the fill placed within that boundary and vegetate the
area with a native seed mix.Costs associated with staff time will be billed to you.
Please contact the District as soon as possible,and no later than October 11,2018 to indicate the option
you have selected. If you fail to do so,a restoration order will be issued.
If you have any questions or would like to discuss the options, please contact me at 952-641-4518 or
eshowalter@minnehahacreek.org.
Sincerely,
C' — "°�– / .
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Etizabeth Showalter
Permitting Technician
We colfaborate witb public and privare partners to protect and imprvve iand and warer for current and furure generations.
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