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HomeMy WebLinkAboutMn Wetland Conserv Act Notices of Decision I 1 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit(LGU) Address M[innehaha Creels Watershed District 18202 Minnetonka Blvd Deepliaven,MN 55391 ' 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Spring Hill Golf Club Spring Hill Golf Club Application Number ' Improvements 3/30/12 W12-04 ®Attach site locator map. Type of Decision: ❑ Wetland Boundary or Type ❑No-Loss ❑Exemption ® Sequencing ' ❑ lkeplacement Plan ❑Banking Plan Technical Evaluation Panel Findings and Recommendation(if any): ' ®Approve ❑Approve with conditions ❑Deny j Summary (or attach): See attached Technical Evaluation Panel Finding of Fact. i 2, LOCAL GOVERNMENT UNIT DECISION ' Date of Decision: 6/21/12 ®Approved ❑Approved with conditions(include below) ❑Denied ' LGU Findings and Conclusions(attach additional sheets as necessary): A sequencing application was submitted on March 30,2012 in preparation for proposed project at Spring Hill Golf Chub in Orono(specifically the parcel located at 1050 Tamarack Drive). On May 25,2012,the ' applicant requested a 30-day deadline extension in order to allow time for the Technical Evaluation Panel (TEP)to meet with the City of Orono and the applicant's consultant to discuss the proposed project. A TEP meeting was held on June 4,2012 to discuss the application,and it was determined that the application as originally submitted would not be approved and additional information was requested. An addendum to the original application was submitted on June 20,2012, and the TEP met on June 21,2012 to review the addendum. At the meeting,the TEP determined that the original application and addendum ' adequately met sequencing flexibility requirements and the application is approved, See attached TEP Finding of Fact. The addendum received on June 20,2012 is also attached. This decision is valid for three years. ' For Replacement Plans using credits from the State Wetland Bank: Bank Account# Bank Service Area County Credits Approved for ' Withdrawal(sq.ft. or nearest.01 acre) ' BWSR Farms 7-1-10 Pagel of3 Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional iipon the following: j ' ❑ Financial Assurance: For project-specific replacement that is not in-advance, a financial assurance specified by the I..GU must he submitted to the i,GU in accordance with MN Rule 8420.0522, Subp.9 (List amount and type in LOU 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! LOU 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 LOU 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 LOU upon request. Name Title Catherine Bach District Technician Signatur Date Phone Number and E-mail 6/21/12 (952) 641-4504 ebach@nninneliahacreek.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 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 of the mailing of ' this Notice to the following as indicated: Check one: M Appeal of all LOU staff decision. Send ❑ Appeal of LOU governing body decision. Send ' petition and$0 fee(if applicable)to: petition and $500 filing fee to: Minnehalta Creek Watershed District Executive Director 18202 Minnetonka Blvd Minnesota Board of Water and Soil Resources ' Deephaven,MN 55391 520 Lafayette Road Not'tli St. Paul, MN 55155 ' 4.LIST OF ADDRESSEES ' 13WSR Forms 7-1-10 Page 2 of 3 ' ® SWCD TEP member: Stacey Lijewski ® BWSR TEP member:Lynda Peterson ❑ LGU TEP member(if different than LGU Contact): ® DNR TFP member: Jack Gleason ® DNR Regional Office(if different than DNR TEP member): Melissa Doperalski ❑ WD or WMO(if applicable): ® Applicant(notice only)and Landowner(if different):Tim Johnson ® Mcmbers of the public who requested notice(notice only): Consultant: Graham Environmental Services,Inc(Mike Graham) City: Christine Mattson ® Corps of Engineers Project Manager(notice only): Melissa Jenny ❑ BWSR Wetland Banlc Coordinator(wetland bank plan applications only) 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives: www.bwsi-.state.inn.its/aboutbwsr/workareas/WCA areas.1df >For a list of DNR TEP representatives:Nvww.bwsr.state.mn.us/wetlands/wea/DNR TEP contact pdf ' ➢Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: - Reg.F.nv.Assess.Fc.ol. Reg. Fnv.Assess.Fcol. Reg.F.nv.Assess.Ecol. Reg. Env.Assess.Ecol. Div,Ecol, Resources Div,Ecol.Resources Div.Ecol,Resources Div, Ecol.Resources 2115 Birclunont Beach Rd. 120I E.Hwy.2 1200 Warner Road 261 I Iwy. 15 South NE Grand Rapids,MN 55744 St.Paul,MN 55106 New Uhn,MN 56073 Bemidji,MN 56601 For a map of DNR Administrative Regions, see: littp://files.dnr,state.mn.us/aboutdn/diir reaions.pdf ➢For a list of Corps of Project Managers:-Aww.mvp.usace.army.mil/re ulatory/default.asp?pageid=687 or send to: US Arany 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: ®TEP Finding of Fact aAddendum to original application received June 20,2012 BWSR Fomes 7-1-10 Page 3 of 3 ' "PIN 6Trifna A V��I�1l1 Cew Hill Rd Wks rjok Approximate ►'�'MDr , '� Site Location s C n Z N C a' C r 6 Y �81h Ave N t— OteM, Plrieeuth til cY ')Yard Fd Daniel$ '�f'h?"�tid 7P�10• n^ � 1i�lyd•0�� •I;� it, n � n`'y� �e `� k N Not to Scale Figure 1 . Site Location Map 1 � � Spring HIII Golf Club ' E S14S Orono, Minnesota ' Gmham Environmental Servicer, Inc. GES Project Na. 2012 001 1 Technical— • o • = o Evaluation • • of Fact Date:6-22-12 LGU:Minnehaha Creek WD ' County:Hennepin/Carver LGU Contact:Catherhle Bach Project Name/4:W12-04 Phone 4:952-641-4504 Location of Project: NW SE 26 118N 23W ' '/a 1/4 '/, Sec. Twp. Range Lot/Block City:Orono County:Hennetwin TEP Members(and others)who reviewed project:(Cheek if viewed project site) ®LGU:Calherine Bach ®13WS11 ynda Peterson ' ❑SWCD:Stacey Lijewski ❑DNR(if applicable): Other Wetland Experts present: Jesse Struve.Cily of Orono TEP requested by:Catherine Bach ' 1. Type of TRP determination requested(check those that apply): Exemption(WCA Exemption# ) No-Loss Wetland Boundary and Type Replacement Plan ' X Sequencing 2. Description of Wetlands)with proposed impact: a.Wetland Type(Circular 39)_2(Cowardin)PEMC Wetland Plant Community Type' Shallow Marsh ' b.Wetland Size 6,52 ac c.Size of Proposed Impact(acres and square feet)To be determined 3. Have sequencing requn•enients been met'? Attach Sequencing Finding of Fact as supporting information. ®Yes ❑No(if no,list why): 4. Is the project consistent with the bitent of the comprehensive local water plan and/or the watershed district plan,the metropolitan surface water management plan and metropolitan groundwater ntanagementplan,and local comprehensive plan and zoning ordnance? ❑Yes ❑No(if no,list why): ' 5, What is the net result of the project on the following wetland functions: Functions Detg ade Neutral Improve Floodwater Storage ' Nutrient Assimilation Sediment Entrapment Groundwater Recharge Low Flow Augmentation Aestlietics/Recreation Shoreland Anchorhtg Wildlife Habitat Fisheries Habitat Rare Plant/Animal Habitat Commercial Uses ' 6. For replacement plan or no-loss determinations,are Welland functions maintained at an equal or greater level? ❑Yes ❑No(if no,list why) T Does Technical Fvaluation Panel recommend approval of the activity proposed in item 1? ' ®Yes ❑Yes,with Conditions ❑No(if no, list why): 8. List TEP findings to support reconunendation in question 7 above.(Please attach document ifnecessary).T he applicant has minimized the proposed impacts by reducing the impacts originally proposed to both the north and south impact areas. The applicant has also submitted functional assessments using the MnRAM for the proposed impact sites as well as the proposed replacement sites. The replacement sites had higher quality values&functions titan the proposed impact sites. 9. SIGNATURES f�r•ecorrlrnendatiorr is mol a corrsens4BWcVre SWC resen ' e (D lesenlative ate) f t LQ cprescalative (E ate) DNR Representative (Date) Page 1 of 1 ' Spring Hill Sequencing TEP FOF (August 2007) Minnesota Wetland Conservation Act Notice of Decision Local Government Unit(LGU) Address Minnehaha Creek Watershed District 15320 Minnetonka Blve Minnetonka,MN 55391 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Spring Hill Golf Club Spring Hill Golf Club Application Number 5/23/2013 W13-12 ®Attach site locator map. Type of Decision: ® Wetland Boundary or Type ❑No-Loss ❑Exemption ❑ Sequencing ❑Replacement Plan ❑Banking Plan Technical Evaluation Panel Findings and Recommendation if any): ❑Approve ❑Approve with conditions ❑Deny Summary(or attach): 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 7/15/2013 ®Approved ❑Approved with conditions(include below) ❑Denied LGU Findings and Conclusions(attach additional sheets as necessary): A wetland delineation was conducted on the Spring Hill Golf Club(1050 Tamarack Drive)in the City of Orono by Bopray Environmental Services(BES)on May 13,2013 to extend the delineated boundary of a wetland that was previously delineated and approved in 2012. The applicant requested the approval of the extended delineated boundary that was delineated by BES in 2013 as well as two areas of the boundary that were delineated in 2012(See Attached Figure). The boundary&type of the extended delineated wetland boundaries were reviewed in the field on July 11,2013 by Wenck Associates staff on behalf of the Minnehaha Creek Watershed District(MCWD). One wetland was identified on the property. The wetland was identified as a Type 3 shallow marsh. Wenck staff confirmed that the wetland boundary was delineated accurately and the wetland was a Type 3 shallow marsh. MCWD approves the wetland boundary&type as delineated in the field and documented in the attached figure and delineation reports dated December 5,2011 and May 22,2013. This decision is valid for five years. A project on this property may require a permit from the MCWD. BWSR Forms 7-1-10 Pagel of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account# Bank Service Area County Credits Approved for Withdrawal(sq.ft.or nearest.01 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 metl 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 upon request. Name Title Steve Christopher Regulatory Program Manager Signature Date Phone Number and E-mail 7/15/2013 (952)641-4506 schristopher@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE M -4NESOTA 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 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 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$0 fee if applicable)to: petition and$500 filing fee to: BWSR Forms 7-1-10 Page 2 of 3 Minnehaha Creek Watershed District Executive Director 15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources Deephaven,MN 55391 520 Lafayette Road North St. Paul,MN 55155 4.LIST OF ADDRESSEES ® SWCD TEP member:Stacey Lijewski—Stacey.lijewski@co.hennepin.mn.us ® BWSR TEP member:Lynda Peterson—Lynda.peterson@state.mn.us ❑ LGU TEP member(if different than LGU Contact): ❑ DNR TEP member: ® DNR Regional Office(if different than DNR TEP member):Melissa Doperalski— McHma.doperalski@state.mn.as ❑ WD or WMO(if applicable): ® Applicant(notice only)and Landowner(if different):Tim Johnson—timj@springhillgc.com ® Members of the public who requested notice(notice only): Consultant:Bopray Environmental Services(Kelly Bopray)-kjbopray@yahoo.com City of Orono(Christine Mattson): cmattson@ci.orono.mn.us ® Corps of Engineers Project Manager(notice only):Melissa Jenny— MeUssa.m.jenny@usace.army.mil ❑ BWSR Wetland Bank Coordinator(wetland bank plan applications only) 5.MAILING INFORMATION ➢For a list of BWSR TEP representatives:www.bwsr.state.mn.ustaboutbwsr/workareas/WCA areas.pdf ➢For a list of DNR TEP representatives:www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.l? Department of Natural Resources Regional Offices: NW Re¢ion: NE Region: Central Region: 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. 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids,MN 55744 St.Paul,MN 55106 New Ulm,MN 56073 Bemidji MN 56601 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.amy.mil/reug latory/default.asp?pavid=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 6.ATTACHMENTS In addition to the site locator map,list any other attachments: Figure 3-Approximate Delineated Wetland Boundaries BWSR Forms 7-1-10 Page 3 of 3 JF Medina Approximate r `` Site Location - r �r z , Ods . r,PI t _ x � a zA 1Z h G. ��fIt�00[;Nirmufl rnfpflntlnrTyw11nriMf iM fa Mn;I�I'n�ne�irvnd � J -- A N Not to Scale Figure 1. Location Map Spring Hill Golf Club AOrono, Minnesota E)opracJ, Environmental Project No. 2012.029 Wetland 15 NE Arm BES Delineation 2013, Approved Summer 2013 Delineated by G - 2013 Delineated by GES, TEP Approved Fall 2011 Wetland 15 f FigureNot to Scale - • • With Approximate Wetla • Boundaries E)oprag Spring Hill Golf Club Orono, - • . Environmental Project No. •