HomeMy WebLinkAboutMn Wetland conserv Act notice of application Christine Mattson
From: Rachel Workin <rworkin@minnehahacreek.org>
Sent: Friday, May 12, 2017 12:09 PM
To: Stacey Lijewski (stacey.lijewski@hennepin.us); ben.meyer@state.mn.us;
becky.horton@state.mn.us; Patrick Butler; Ben Hodapp; Kristina Justen; Christine
Mattson; Melanie Curtis; ryan.m.malterud@USACE.army.mil
Cr. Chase Vanderbilt
Subject: W17-13 Notice of Application: 3010 Somerset Ln, Orono
Attachments: Notice_of_Application_W17-13.pdf(signed).pdf; MN�joint_signed_3010 Somerset Lane_
20170420.pdf; 14671_3010 Somerset Ln_Orono_WetlandDelinReport_reduced_
20170504.pdf; partial copy of 1996 survey.pdf; covenant of dedication.pdf
Good afternoon,
Attached is a Notice of Application for wetland boundary and type for wetlands located at 3010 Somerset Ln in the City
of Orono. One Type 5 wetland was delineated on the property. MCWD previously issued a No-Loss decision for this
property for the construction of a larger deck.
A Level 2 delineation was subsequently performed due to a 1996 survey that outlined a Type 1 wetland near the
proposed deck.The 1996 survey shows the current Type 5 wetland excavated into an existing Type 1 wetland; the extent
of the Type 1 wetland is larger than the currently delineated Type 5 wetland.Two sample points were taken to
determine the extent of the 1996 Type 1 wetland around the Type 5 wetland. One sample point taken within the extent
of the 1996 Type 1 wetland did not demonstrate wetland hydrology and another sample point did not demonstrate
wetland hydrology or soils.
Please let me know if you have any questions or comments or would like further information regarding the field review.
Please return any comments before June 5tn
Kind regards,
t'�4' ��� �'(.
J' a�F.
Rachel Workin
- Permitting Technician
- �Y� Minnehaha Creek Watershed District
�,� .
Aso'"�*"'Y£A���Y DireCt 952.641.4518
M������y� ����� 15320 Minnetonka Blvd., Minnetonka, MN 55345
WAT�ItSNEb QISTRkCT www.minnehahacreek.org
1
Minnesota Wetland Conservation Act
Notice of Application
Local Governinent Unit(LGU) Address
Minnehaha Creek Watershed District 15320 Minnetonka Blvd
Minnetonka,MN 55345
1. PROJECT INFORMATION
Applicant Name Project Name Date of Application
Patrick Butler 3010 Somerset Lane Application Number
5/5/17 W 17-13
Type of Application(check all that apply):
� Wetland Boundary or Type ❑No-Loss ❑ Exemption ❑ Sequencing
❑ Replacement Plan ❑ Banking Plan
Summary and description of proposed project(attach additional sheets as necessary):
Patrick Butler has applied for wetland boundary&type approval for the parcel located at 3010 Somerset
Lane in the City of Orono(PID 0411723220029). The application was received on May 5'�, 2017.
A wetland delineation was conducted by Anderson Engineering on May 4t'', 2017. A complete
delineation report and WCA application were submitted to MCWD on May 5"', 2017. One wetland was
delineated within the project area. Wetland 1 was identified as a Type 5, Shallow Open Water wetland.
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 (minimum 15
Rachel Workin business-day comment period):
Permitting Technician 6/5/2017 (4:30PM)
Address(if different than LGU) Date,time, and location of decision:
15320 Minnetonka 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)641-4518 � Staff
rworkin a;minnehahacreek.or ❑ Governin Board or Council
i�!
Signature:� � �' � ��-�� ����� -'�� Date: 5/12/2017
�
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BWSR Forms 7-1-10 Page 1 of 2
3. LIST OF ADDRESSEES
� SWCD TEP member: Stacey Lijewski—stacey.lijewski(d;hennepin.us
� BWSR TEP member: Ben Meyer—ben.meyer@state.mn.us
❑ LGU TEP member(if different than LGU Contact):
� DNR TEP Becky Horton- becky.horton@state.mn.us
❑ DNR Regional Office(if different than DNR TEP member):
❑ WD or WMO(if applicable):
� Applicant (notice only) and Landowner(if different): Patrick Butler-butlerjillpat@aol.com
� Members of the public who requested notice(notice only): bhodapp@ae-mn.com; kjusten@ae-
mn.com; cmattson@ci.orono.mn.us; mcurtis@ci.orono.mn.us
� Corps of Engineers Project Manager(notice only): Ryan Malterud-
Ryan.M.Malterud@usace.army.mil
❑ BWSR Wetland Bank Coordinator(wetland bank plan applications only)
4. MAILING INFORMATION
➢For a list of BWSR TEP representatives: �����w�.bwsr.state.mn.us/contact/WCA areas.pdf
➢For a list of DNR TEP representatives: www.bwsr.state.mil.us/���etlands'���ca/DNR TEP contacts.pdf
➢De artment of Natural Resources Re ional Offices:
NW Re�ion: NE Region: Central Reeion: Southern ReQion:
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 inap 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.armv.mil/re u�latory/default.asp?pa�eid=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 the application, list any other attachments:
� Com lete delineation re ort
BWSR Forms 7-1-10 Page 2 of 2
Project Name and/or Number: 3010 Somerset Lane,Orono-AE 14671
PART ONE: Applicant Information
If applicant is an entity(company,government entity, partnership,etc.),an authorized contact person must be identified. If the
applicant is using an agent(consultant,lawyer,or other third party)and has authorized them to act on their behalf,the agent's
contact information must also be provided.
Applicant/Landowner Name: Patrick Butler
Mailing Address: 3010 Somerset Lane,Orono, MN 55356
Phone: 904-393-6695
E-mail Address: butterjillpat@aol.com
Authorized Contad(do not complete if same as above):
Mailing Address:
Phone:
E-mail Address:
Agent Name: Ben Hodapp—Anderson Engineering
Mailing Address: 13605 is`Avenue North,Suite 100,Plymouth, MN 55441
Phone: 763-412-4000
E-mail Address: bhodapp@ae-mn.com
PART TWO: Site Location Information
County: Hennepin City/Township: Orono
Parcel ID and/or Address: 053-0411723220029,3030 Somerset lane
legal Description(Section,Township,Range): Sec.04,Twp. 117N,R.23W
Lat/long(decimal degrees): 44°58'30.82"N,93°35'S8.24"W
Attach a map showing the location of the site in relation to local streets,roads,highways.
Approximate size of site(acres)or if a linear project,length(feet): 3.45 acres
If you know that your proposal will require an individual Permit from the U.S.Army Corps of Engineers,you must provide the
names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to
your application or by using block 25 of the Application for Department of the Army permit which can be obtained at:
http://www.mvp.usace.armv.mil/Portals/57/docs/re�ulatory/ResulatorvDocs/en�form 4345 2012oct.pdf
PART THREE: General Project/Site Information
If this application is related to a delineation approval,exemption determination,jurisdictional determination,or other
correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number.
Describe the project that is being proposed,the project purpose and need,and schedule for implementation and completion.The
project description must fully describe the nature and scope of the proposed activity including a description of all project elements
that effect aquatic resources(wetland,lake,tributary,etc.)and must also include plans and cross section or profile drawings
showing the location,character,and dimensions of all proposed activities and aquatic resource impacts.
See Level 1 Wetland Tech Memo.
Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 6
Project Name and/or Number: 3010 Somerset Lane,Orono-AE 14671
Attachment A
Request for Delineation Review, Wetland Type Determination, or
Jurisdictional Determination
By submission of the enclosed wetland delineation report, I am requesting that the U.S.Army Corps of Engineers,St. Paul District
(Corps)and/or the Wetland Conservation Act Local Government Unit(LGU) provide me with the following(check all that apply):
�Wetland Type Confirmation
� Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU
concurring,not concurring,or commenting on the boundaries of the aquatic resources delineated on the property.Delineation
concurrences are generally valid for five years unless site conditions change.Under this request alone,the Corps will�ot address
the jurisdictional status of the aquatic resources on the property,only the boundaries of the resources within the review area
(including wetlands,tributaries,lakes,etc.).
�Preliminary lurisdictional Determination.A preliminary jurisdictional determination(PJD)is a non-binding written indication
from the Corps that waters, including wetlands,identified on a parcel may be waters of the United States. For purposes of
computation of impacts and compensatory mitigation requirements,a permit decisfon made on the basis of a PJD will treat all
waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be
appealed.
�Approved Jurisdidional Determination.An approved jurisdictional determination(AJD)is an official Corps determination that
jurisdictional waters of the United States are either present or absent on the property.AJDs can generally be relied upon by the
affected party for five years.An AJD may be appealed through the Corps administrative appeal 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,any approved Regional Supplements to the 1987 Manual,and the Guidelrnes for
Submitting Wetland Delineations in Minnesota(2013).
http://www.mvp.usace.army.mil/Missions/ReRulatory/DelineationJDGuidance.aspx
Minnesota Interagency Water Resource Application Form February 2014 Page 5 of 6
( __ _ _
Project Name and/or Number: 3030 Somerset Lane,Orono-AE 14671
PART FOUR: Aquatic Resource Impactl Summary
If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each
impact in the table below.Include all anticipated impacts,including those expected to be temporary.Attach an overhead view map,
aerial photo,and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts.
label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table.
Type of Impact Duration of County,Major
Aquatic Resource Aquatic (fill,excavate, Impact Overall Size of ��sting Plant Watershed#,
Resource Type Community
ID(as noted on drain,or Permanent(P) Size of ImpactZ Aquatic and Bank
(wetland,lake, yp ( )'
overhead view) remove or Temporary Resource 3 T e s in 4 �rvice Area p
tributary etc.} Impact Area
vegetation) (T)' of Impact AreaS
llf impacts are temporary;enter the duration of the impacts in days next to the"T". For example,a project with a temporary access fill that
would be removed after 220 days would be entered"T(220)".
2lmpacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the
nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact
along the flowline of the stream followed by the area impact in parentheses►. For example,a project that impacts 50 feet of a stream that is 6
feet wide would be reported as 50 ft(300 square feet).
3This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp.8,othervvise enter"N/A".
°Use Wetland Plants and�lant Communiiy Types of Minnesoto ond Wisconsin 3''Ed.as modified in MN Rules 8420.0405 Subp.2.
SRefer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp.7.
If any of the above identified impacts have already occurred,identify which impacts they are and the circumstances associated
with each:
PART FIVE: Applicant Signature �
❑ Check here if you are requesting a are-application consultation with the Corps and LGU based on the information you have
provided. Regulatory entities will not initiate a formal application review if this box is checked.
By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the
authority to undertake the work described herein.
Signature: Date: 7�Q/� �
I hereby authorize to act on my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this application.
1 The term"impact"as used in this joint application form is a generic term used for disclosure purposes to identify
activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to
indicate whether or not those activities may require mitigation/replacement.
Minnesota Interagenty Water Resource Application Form February 2014 Page 4 of 6