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Home My WebLink AboutMN Wetland Conserv Act Notice of decision �-f Minnesota Wetland Conservation Act Notice of Decision 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 Kuhl Design Build(Dan Murphy) 1025 Springhill Road Application Number 5/18/15 W15-23 (Incomplete) 6/10/15 (Complete) �Attach site locator map T e 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: 8/12/15 �Approved ❑Approved with conditions(include below) ❑ Denied LGU Findings and Conclusions(attach additional sheets as necessary): BWSR Forms 7-1-10 Page 1 of 3 . Kuhl Design Build(Dan Murphy) applied for wetland boundary&type confirmation for the wetlands located at 1025 Springhill Road in the City of Orono, Hennepin County, Minnesota (PID 2611823430005). Legal description: Section 26, Township 118N, Range 23W. A wetland delineation was conducted by Svoboda Ecological Resources (SER)on Apri123, 2015. A complete delineation report and WCA application was submitted to MCWD on June 10, 2015. Two wetlands were delineated on site. Wetland 1 was identified as a Type 1, floodplain forest and Wetland 2 was identified as a Type 2, fresh(wet)meadow transitioning into a Type 3, shallow marsh. A sliver of Long Lake extends into the southern bounds of the property and Wetland 2. MCWD reviewed the boundaries in the field on 7/23.MCWD requested an updated figure depicting the full extent of the boundaries of Wetland 2,which SER supplied on 8/7/15 after the 60 day decisionmaking timeline had been extended to allow for the updated figure to be submitted. MCWD approves the wetland boundaries as documented in the updated figure and the wetland types as documented in the delineation report.This decision is valid for five years.A future project located on this property may require a permit from the MCWD. 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 financial 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 office 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 Si ature: 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 Beth Brown Permitting Technician Signature Date Phone Number and E-mail '��;�,I y� �� 8/12/15 (952)641-4504 '"'1'� ebrown@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. BWSR Forms 7-1-10 Page 2 of 3 Applicants proceed at their own risk if wark authorized by this decision is started befare 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 three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 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 thirty(30)calendar days of the date ofthe mailing of this Notice to the following as indicated: Check one: � Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. petition and $0 fee(if applicable)to: Send petition and $500 filing fee to: Minnehaha Creek Watershed District Executive Director 15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources Minnetonka,MN 55345 520 Lafayette Road North St. Paul, MN 55155 4.LIST OF ADDRESSEES � S WCD TEP member: Stacey Lijewski—stacey.lijewski@co.hennepin.mn.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 � DNR Regional Office(if different than DNR TEP member): Brooke Haworth - brooke.haworth @ state.m n.us ❑ WD or WMO(if applicable): � Applicant(notice only)and Landowner(if different): Dan Murphy(Kuhl Design Build)— dan @ kuhldesignbuild.com � Members of the public who requested notice(notice only): Frank Svoboda(SER)— franks@gpsinnovations.com,Christine Mattson (City of Orono) —cmattson@ci.orono.mn.us � Corps of Engineers Project Manager(notice only): Melissa Jenny— melissa.m jenny@usace.army.mil ❑ BWSR Wetland Bank Coordinatar(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 artment of Natural Resources Re ional Offices: NW Re�l�ll: NE Re i�on: Central Re�ion: Southern Reeion: Reg. Env. Assess.Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. EcoL Resources Ecol. Div. Ecol. Resources 2115 Birchmont Beach Rd. 1201 E. Hwy.2 Div. Ecol. Resources 261 Hwy. 15 South NE Grand Rapids, MN 1200 Warner Road New Ulm, MN 56073 Bemid'i, MN 56601 55744 St. Paul, MN 55106 For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dnr re�ions.pdf ➢For a list of Corps of Project Managers: www.mvp.usace.anny.mil/re ul�atorY/default.asp?pa�eid=687 BWSR Forms 7-1-10 Page 3 of 3 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 6.ATTACHMENTS In addition to the site locator map, list any other attachments: �Approved wetland boundaries ❑ 0 BWSR Forms 7-1-10 Page 4 of 3 � Project Name and/or Number: SER#2015-007-03—1025 Springhill Road,Orono 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: Dan Murphy—Kuhl Design Build Mailing Address: 1515 5th Street S, Hopkins, MN 55443 Phone: 952-935-9469 E-mail Address: dan@kuhldesignbuild.com Authorized Contact(do not complete if same as above): Frank Svoboda—Svoboda Ecological Resources Mailing Address: 22752 Co Rd 7, Hutchinson, MN 55350 Phone: 612-384-7770 E-mail Address: franks@gpsinnovatitons.com PART TWO: Site Location Information County: Hennepin City/Township: Orono Parcel ID and/orAddress: 1025 Spring Hill Rd (PID#2611823430005) �egal Description(Section,Township, Range): A part of the N '/z SE '/4 SW '/4 SE '/4 of Section 26, T118N, R23 W, City of Orono, Hennepin County, Minnesota Lat/Long(decimal degrees): Lat.44.993693(44°59'37.2948"N)/Long.-93.550055(93°33'0.1980"W) Attach a map showing the location of the site in relation to local s�tjrye�ets,�roqads,qhi8gh`ways. � „�_ /, �-; .�—;`�I ' �,'`_ .. M 7RRb t�r �lcrr" I�'is C�.. .i..�'. e� ry�,.r� P � y,!.� Je �»r�,��``f. s'�,�t �a �.� i�'+%��:�i �� „ �.Yr�- �.,s.��.'OF' �.�`'-'� �'�g�FR '� � '.�,�',.�x � .�� ,,� ��'`�,� '�„ . �''.~� . 'P ` '�ti �� , �a n�r � �`'�' �f �� „�:�r��'Yr Y,� ,g.�:� wtY ' � J� 4� � �'`� � �ar' ..+a �.d.,. r.Q:7��L �'E�; f, { ,.y,�..� �G .f�'j i eG =�. �,�.,, ''� �'r1.-, -:.� �►-.+„ ri�`�+ � e +'��5,�� 1,��'� Mr ��+� f� \ r` f � .� 3� �y sf � �� d 7�"+ • i' :�' �� '�`R.�y�'' �� ` � �n " 3 ��:�� '�r =„r.*' 7 r� •N t.. .� ' F ! 4 �:� 7 y� I�`1 \ � f 9" � ��P��.��!��Y,�e'f �.*r`,.��_ �� .Ik�� L'�r',�i�� r� ,A+ '"! ��•� ,Jy g }'�j�/�y� Y �r ..1' � �s.�� y9�7.f' �� _�... ��'��i'J"':`1�4 - y��•q�,. �� ..�� _�.7`l1� �I� .7a� . ^�C+ ��. ..4yy w...Ys a. L'�2'wir� '4�,5�� :.': � - :L�' f�,' �.� �.'�.�`�p��R�,}�.�C R "i.y. "� �. 1 ,1�, :•. . '�l ��'f�i�;,�' ��M ,a-, � {�cyay ��a.R�(�1 µ/ �t,i, ' � ;, �,T�IiP .. y�.� ��o-.e� ,�i � }�; .��-... .+'�.ys . � _ _ - `f.( ` ' . a4s'j . l� "'��J Y.. . � a 4.+. �' ; � :. �'. .�. � ,, ° f�:�� r � i /1�s��'"��`w�`�" -, �" �L, ,af '4 _.. - F�n�^�:. f .,t ',�i'�`� .,.�� c� .• 1/ws i a:-� � .t'� ' � . ,g .,t.v J,�� s � �7i�1''��•C � ��,.� Y' ��i�.�! �1� .,,r ' ' _,.1..� � , � 3. �Yt ,p,�#�� yj��I�* • r ��'r� '� �.• � ♦ t ' � �•��_ y,,`_. �'r��'� �vrl r�111�- •�� .�y� � i �y,7o: � � �� 1� R� �i� � '�, O.'LA� ��_ ��Mil 1►�t 1►• �AP�w . 3 Yr��5 ._ _. _'r.�.:�u.:,._� Approximate size of site(acres)or if a linear project,length(feet): 5.76 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/regulatory/Re�ulatorvDocs/engform 4345 2012oct.pdf Project Name and/or Number: SER#2015-007-03—1025 Springhill Road,Orono PART THREE: General Project/Site Information If this application is related to a delineation approval,exemption determination,jurisdictional determination,or other correspondence submitted prlor 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. The owner wants to know where the approved edge is located before starting the planning process.As soon as approval is received they will move forward with their project. PART FOUR: Aquatic Resource Impact1 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. Inctude 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. Aquatic Type of Impact Duration of Existing Plant �Ounty,Major Aquatic Resource Overatl 5ize of Watershed#, Resource Type (fill,excavate, Impact Z Community ID(as noted on Size of Impact Aquatic and Bank Servi (wetland,lake, drain,or remove Permanent(P)or 3 Type(s)in Impa overhead view) 1 Resource 4 Area#of Impact tributary etc.) vegetation) Temporary(T) Area 5 Area 'If 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)". =Impacts 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 impad by indicating first the li�ear feet of impact along the flowline of the stream followed by the area impad in parentheses). For example,a project that impads 50 feet of a stream that is 6 feet wide would be reported as 50 ft(300 sq/ft�. 3This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp.8,otherwise enter"N/A". ' 'Use Wetlond Plants and P/ant Community Types of Minnesota and Wisconsin 3rd 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 impads they are and the circumstances associated with each: PART FIVE: Applicant Signature ❑ Check here if you are requesting a pre-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: May 15,2015 I hereby aut orize Svobod cological Resources to act on my behalf as my agent in the processing of this application and to furnish,up reque ,su�ip emental information in support of this application. b I t� � 1 The ter impact"as in is joint application form is a generic term used for diulosure purposes to identify activities that may requ appr I 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. Project Name and/or Number: SER#2015-007-03—1025 Springhill Road, Orono 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 not 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 Jurisdictional Determination.A preliminary jurisdictional determination(P1D)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 decision 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 Jurisdictional 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.A1Ds 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 Guidelines for Submitting Wetland Delineations in Minnesota(2013). http://www.mvp.usace.armV.mil/Missions/Regulatory/DelineationJDGuidance.aspx