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HomeMy WebLinkAboutMn Wetland Conserv Act Notices of Application r l 050-fo Minnesota Wetland Conservation Act Notice of Application Local Government Unit(LGU) Address Minnehaha Creek Watershed District 18202 Minnetonka Blvd Deephaven,MN 55391 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Spring Hill Golf Club Spring Hill Golf Club Application Number (Tim Johnson) 11/1/11 Wll-31 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): Spring Hill Golf Club(Tim Johnson)has applied for approval of wetland boundary&type for a project area within the parcel at 1050 Tamarack Drive in the city of Orono(PID 926-118-23-42-0006). The application was received on November 1,2011 and completed on December 5,2011. The delineation was performed by Graham Environmental Services,Inc. on October 24,2011. The boundary was reviewed in the field on November 1,2011 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 Catherine Bach business-day comment period): District Technician January 4,2012(4:30 PM) Address(if different than LGU) Date,time,and location of decision: 18202 Minnetonka Blvd A decision will be made following completion of Deephaven,MN 55391 the comment period. Phone Number and E-mail Address Decision-maker for this application: (952)641-4504 ® Staff cbach@minnehahaereek.org minnehahaereek.org ❑ Governing Board or Council Signature: Date: _12z,(] I Z,] BWSR Forms 7-1-10 Page 1 of 2 3.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— Melissa.Dopera lski@state.mn.us ❑ 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): Graham Environmental Services(Mike Graham)—mgraham@grahamenvironmental.com City of Orono(Christine Mattson)—cmattson@ci.orono.mn.us ® Corps of Engineers Project Manager(notice only):Melissa Jenny—Melissa.m.jenny@usace.army.mil ❑ BWSR Wetland Bank Coordinator(wetland bank plan applications only) 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 ➢ Department of Natural Resources Regional Offices: NW Region: 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.NE 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South Bemidji,MN 56601 Grand Rapids,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.anny.mil/re ug latory/default.asp?pageid=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: BWSR Forms 7-1-10 Page 2 of 2 7 Y Minnesota Wetland Conservation Act Application for • 1. Project/Site Information Project/Site Name: Spring Hill Golf Club Local Government Unit: MCWD Location(address and/or T, R, Sec.): Sec. 26, T1 18N, R23W 2. Applicant Information Applicant Name: Spring Hill Golf Club(Tim Johnson) Address: 725 County Road 6 City, State,Zip: Wayzata, MN 55391 E-mail: timj@spdnghillgc.com Phone: 612-812-0374 3. Agent/Consultant Information Company Name(if applicable): GES, Inc. Contact Person: Mike Graham Address: City, State,Zip: E-mail: Phone: 715-778-5730 ext. 12 4. Description of Request Check all that apply: x Wetland Boundary(must attach wetland delineation report) x Wetland Type(Eggers&Reed and/or Circular 39 type) 5. Signature By signature below, the applicant requests a determination from the Local Government Unit under Minnesota Rules 8 0.0225 on the submitted wetland boundary and type information in this application. The applicant als arms that they are the owner of the subject property or have permission from the lando ner t is determination. k l�""r i Apblicant or A orized Agent Signature Date Important Notes: • The applicant may be required to submit multiple copies of the report/information to the LGU. The LGU may require the applicant to submit copies directly to Technical Evaluation Panel Members. Check with your LGU regarding their submittal requirements. The LGU decision must be made in compliance with Minnesota Statutes,section 15.99. For LGU use only Date Received: Page 1 of 1 BWSR Wetland Boundary/Type Application Form 11/10/08 Minnesota Wetland Conservation Act i fApplication Not ce o ' Local Government Unit(LGU) Address Minnehaha Creek Watershed District 18202 Minnetonka Blvd ' Deephaven,MN 55391 ' 1.PROJECT INFORMATION Applicant Name Project Name Date of Application Spring Hill Golf Club Spring Hill Golf Course 13`h Application Number ' Hole 8/21/12 W12-34 (completed 2/26/13) ' 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): Spring Hill Golf Club applied for a replacement plan for proposed fairway improvements at the 13th hole on August 21,2012. The proposed project involves wetland fill in two areas along the 13`h hole to improve the playability of the golf course in the vicinity of the 13th hole. The work is proposed on the parcel located at ' 1050 Tamarack Drive in Orono(PID#2611823420006). A portion of the golf course is located in Medina,but the proposed project area is entirely within the Orono portion of the course where the Minnehaha Creek Watershed District(MCWD)is the Wetland Conservation Act(WCA)Local Government Unit(LGU). ' Prior 1997 Wetland Replacement Plan A replacement plan was approved by the MCWD in 1997 for wetland impacts from the initial construction of ' the course.The applicant has not submitted the required documentation that wetland replacement plan was completed. The applicant was notified that the current replacement plan application was incomplete by letter dated September 11,2012,pending the submittal of documentation confirming compliance with the 1997 ' wetland replacement plan,including a recorded Declaration of Restrictions&Covenants for Project-Specific Wetland Replacement and a monitoring report comparing current conditions to the approved plan. MCWD review indicated that documentation of completion of the 1997 replacement was necessary to determine ' compliance with WCA requirements of the present replacement plan.The applicant has yet to submit documentation confirming compliance with the 1997 plan.Based on MCWD review of revised application materials submitted on October 25 &December 5,2012,however,staff has determined that the current application materials provide sufficient documentation of the type and boundary of wetlands to be affected and ' the extent of impacts to same.MCWD staff has determined that the additional necessary documentation of the type and boundaries of wetlands on the Spring Hill Golf Club property(along with documentation of compliance with administrative requirements of the 1997 approval)can be submitted as a condition of ' approval of the present application.Given this,staff now deems the present application complete for purposes of proposed conditional approval. The applicant has indicated that documentation of type and boundary of wetlands created pursuant to the 1997 replacement plan and otherwise present on the property will be prepared at the start of the 2013 growing season. Wetland Boundary Determination A wetland delineation for the proposed fill areas was conducted on October 24,2011.The delineation was ' reviewed in the field by MCWD staff on November 1,2011.The wetland type&boundary determination was approved under the WCA on February 2,2012(application#W 11-31). The boundary of the entire wetland basin on the Spring Hill Golf Club property will need to be delineated and approved at the start of the 2013 growing season to meet the buffer requirements of the MCWD Wetland Protection Rule. BWSR Forms 7-1-10 Page 1 of 3 Current Proposed Project ' The current proposed project involves wetland fill in two areas to improve the playability of the course in the vicinity of the 13th hole. The proposed fill areas would result in a total wetland impact of 0.42 acre(18,249 square feet). The impacts are proposed in two separate areas,referred to as the"northern fill area"and ' "southern fill area". A total of 0.30 acre of wetland fill is proposed in the northern fill area,and 0.12 acre of wetland fill is proposed in the southern fill area. The northern fill area will divide the wetland into two areas, west and east. The east wetland area will be connected to the west wetland area via 24-inch diameter pipe. In the southern fill area,upland will be created between the existing fairway and bunker area and the existing upland knoll to the west. Sequencing Approval ' A WCA sequencing application was submitted on March 30,2012 and approved by the MCWD pursuant to a recommendation of the Technical Evaluation Panel(TEP)on June 21,2012. Sequencing flexibility was allowed because the applicant was able to demonstrate that the wetland to be impacted is degraded to the point ' where replacement of it would result in a certain gain of function and public value. Alternatives were also examined for the proposed impacts. A functional assessment using the Minnesota Routine Assessment Method(MnRAM)demonstrated that the proposed replacement sites had higher quality functions and values than the proposed impact sites. The applicant has also minimized the proposed impacts by reducing the amount of total wetland fill from 0.71 acres to 0.48 acres. After the WCA sequencing application was approved,the proposed impacts were reduced further from 0.48 acres to 0.42 acres. Proposed Replacement The initial replacement plan application received on August 21,2012 proposed a combination of on-site wetland creation and the purchase of wetland bank credits from a bank site in the same county and wetland bank service area as the impacted wetland. A TEP meeting was held on November 15,2012 to review the application. At the meeting,the TEP raised concerns with the proposed on-site wetland creation. Due to current site conditions,it is likely that the Ecological Suitability& Sustainability criteria outlined in Chapter 8420.0522 Subp.5 would be very difficult to meet through the proposed on-site wetland creation. The wetland ' creation was proposed adjacent to a larger wetland basin dominated by narrow-leaved/hybrid cattail and reed canary grass,and under the WCA the presence of non-native,invasive species would not allow any replacement credits to be granted. Because of the TEP's concerns with the proposed on-site wetland creation ' and lack of other opportunities for replacement credit,on November 26,2012,the TEP issued findings and a recommendation that all wetland replacement requirements for the proposed project be met solely through the purchasing of banked credits from the same account from which a portion of the required replacement credits were originally going to be purchased. The TEP recommendation letter is attached. The wetland bank is ' located within the same county and wetland bank service area as the impacted wetland,which meets the metro- area siting requirements of the WCA but does not meet the siting requirements of the MCWD's Wetland Protection Rule,which replaces the WCA siring standard.(See Minn.R. 8420.0233.)The applicant has ' submitted a request for a variance from the MCWD siting requirement. Department of Natural Resources(DNR)Jurisdiction Both wetland impact areas were determined to be above the Ordinary High Water elevation of Department of ' Natural Resources' (DNR)Public Water Wetland#837W(OHW=976.7');therefore the impacts are not regulated by the DNR protected waters program. The wetland areas to be impacted are Type 3 shallow marsh dominated by narrow-leaved and hybrid cattail. 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 Catherine Bach business-day comment period): District Technician March 19,2013 (4:30 PM) Address(if different than LGU) Date,time,and location of decision: 18202 Minnetonka Blvd A decision will be made following completion of Dee haven MN 55391 the comment period. ' BWSR Forms 7-1-10 Page 2 of 3 Phone Number and E-mail Address Decision-maker for this application: ' (952)6414504 ❑ Staff cbach@minnehahacreek.org ® Governing Board or Council 94Q)k ' Signature: Date: 2/26/13 ' 3. 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:Jack Gleason—john.gleason@state.mn.us ® DNR Regional Office(if different than DNR TEP member): Melissa Doperalski— ' Melissa.Doperalski@state.mn.us ❑ WD or WMO(if applicable): ® Applicant(notice only)and Landowner(if different): Spring Hill Golf Club(Tim Johnson)— ' timj@springhillgc.com ® Members of the public who requested notice(notice only): Consultant: Bopray Environmental Services,LLC(Kelly Bopray)—kjbopray@yahoo.com City of Orono(Christine Mattson)—cmattson@ci.orono.mn.us ' ® Corps of Engineers Project Manager(notice only): Melissa Jenny—Melissa.m.jenny@usace.army.mil ❑ BWSR Wetland Bank Coordinator(wetland bank plan applications only) 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 ' ➢Department of Natural Resources Regional Offices: NW Region: 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.NE 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South Bemidji,MN 56601 Grand Rapids,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 reeions.pdf ' ➢For a list of Corps of Project Managers: www.myp.usace.army.mil/regulatory/default.asp?paizeid=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: ' ® TEP recommendation letter dated November 26,2012 ' BWSR Forms 7-1-10 Page 3 of 3 joPray Memorandum E_nvironmental ' N7631 9xot6 St.River Fella,WI 54022 (7 13)+23-8969 16.pray@ya600xom To: Catherine Bach, Minnehaha Creek Watershed District From: Kelly Bopray, PSS, CWD ' Subject: Spring Hill Golf Club, Wetland Permit Application/Variance Request Date: December 5, 2012 ' Catherine, Attached please find four hard copies of the Revised Wetland Permit Application including the ' Variance Request for grading on the 13th hole at Spring Hill Golf Club in Orono, Minnesota. Also included is a disk with a pdf file of the application material. As explained in the application, impacts have been reduced from 0.46 to 0.42 acres of wetland impacts are proposed. The ' wetland impacts will be replaced at a 2:1 ratio through a purchase of wetland banking credits. If you have any questions please give me a call at 715-307-4577. 1 DEC 1 1 2012 Received by 1 Minnesota Wetland Conservation Act Notice of Application Local Government Unit(LGU) Address Minnehaha Creek Watershed District 18202 Minnetonka Blvd Deephaven,MN 55391 1.PROJECT INFORMATION Applicant Name Project Name Date of Application Spring Hill Golf Club Spring Hill Golf Club Application Number 5/23/13 W13-12 Type of Application check all that apply): M Wetland Boundary or Type ❑No-Loss ❑Exemption ❑ Sequencing ❑Replacement Plan ❑Banking Plan Summary and description of proposed project attach additional sheets as necessary): Spring Hill Golf Club has applied for wetland boundary approval for a proposed project area located at 1050 Tamarack Dr in Orono(PID#2611823420006). The application was received on May 23,2013. The northeast arm of the wetland was delineated by Bopray Environmental Services(BES)on May 13,2013. Portions of the wetland boundary(proposed fill areas and proposed potential mitigation area for an upcoming project)were previously approved under application#W11-31 but the entire wetland boundary on the golf club's property must be approved under the Wetland Conservation Act in order to meet the MCWD's Wetland Protection Rule requirements for the proposed project. The remaining portion of the wetland boundary was flagged by Graham Environmental Services,Inc.(GES)in 2012 based on the same data as the approved delineation. The delineation of the northeast arm by BES and the remaining portion of the wetland boundary flagged by GES 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 Catherine Bach business-day comment period): District Technician July 5,2013(4:30 PM) Address(if different than LGU) Date,time,and location of decision: 18202 Minnetonka Blvd A decision will be made following the field Deephaven,MN 55391 review and completion of the comment period. Phone Number and E-mail Address Decision-maker for this application: (952)6414504 M Staff cbach@minnehahacreek.org ❑Governing Board or Council BWSR Forms 7-1-10 Page 1 of 2 4 � i Signature:_G� !)attDate: 6/13/13 . 3.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: M DNR Regional Office(if different than DNR TEP member): Melissa Doperalski— Melissa.Doperalski@state.mn.us ❑ WD or WMO(if applicable): M Applicant(notice only)and Landowner(if different):Tim Johnson—timj@springhillgc.com M 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 M Corps of Engineers Project Manager(notice only): Melissa Jenny—Melissa.m.jenny@usace.army.mil ❑ BWSR Wetland Bank Coordinator(wetland bank plan applications only) 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 ➢ Department of Natural Resources Regional Offices: NW Region: 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.NE 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South Bemidji,MN 56601 Grand Rapids,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.invp.usace.a!my.mil/repulatoM/default.asp?pageid=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: M Graham Environmental Services(GES)delineation report&notice of decision(WCA Application #W11-31) M Survey showing the area flagged by GES in 2012 BWSR Forms 7-1-10 Page 2 of 2 �oPray Memorandum Environmental W a i l 9zoth tit.Kiver r all&,WI 1+012 (7)3)42 3 x969 lcj6.p 9Q!1 h-- To: Catherine Bach, MCWD From: Kelly Bopray Subject: Spring Hill Golf Club Wetland Delineation Report-Wetland 15, NE arm. Date: May 23, 2013 Attached please find one copy of the wetland delineation report along with the applications for wetland delineation approval for the northeast arm of Wetland 15 on the Spring Hill Golf Club, in Orono, Minnesota. I will also send you an electronic copy of the report. Per the MCWD this delineation was conducted to complete the delineation of the entire boundary of Wetland 15 on the Golf Club property. The main body of Wetland 15 was previously delineated by Graham Environmental Services and you have that delineation on file. I understand you will be field inspecting this delineation as well as the Graham delineation that was not completely approved by the MCWD. The site location map is in the wetland delineation report. Please let myself and Tim Johnson know when you plan to visit the site and we will join you for the review. On a separate but related issue, for you review I've also included a copy of the updated wetland mitigation monitoring report for the 1997 permit. If you have any questions please feel free to call me at 715-307-4577. r Minnesota Wetland Conservation Application f• Approval of . • Type and Boundary 1. Project/Site Information Project/Site Name:Spring Hill Golf Club Local Government Unit:MCWD Location (address and/or T, R, Sec.): Sec 26, T1 18N, R23W 2. Applicant Information Applicant Name:Spring Hill Golf Club Address:725 County Rd. 6 City, State, Zip:Wayzata, MN 55391 E-mail: timj@springhillgc.com Phone:612-812-0374 3. Agent/Consultant Information Company Name Bopray Environmental Services Contact Person:Kelly Bopray Address:N7831 920"' St. City, State, Zip:River Falls, WI 54022 E-mail:kjbopray@yahoo.com Phone:715-307-4577 4. Description of Request Check all that apply: X Wetland Boundary (must attach wetland delineation report) ❑ Wetland Type (Eggers & Reed and/or Circular 39 type) 5. Signature By signature below, the applicant requests a determination from the Local Government Unit under Minnesota Rules 8420.0225 on the submitted wetland boundary and type information in this application. The applicant also affirms that they are the owner of the subject property or have permission from the landowner to pursue this determination. Applicant or Authorized Agent Signature Date Important Notes: • The applicant may be required to submit multiple copies of the report/information to the LGU. The LGU may require the applicant to submit copies directly to Technical Evaluation Panel Members. Check with your LGU regarding their submittal requirements. • The LGU decision must be made in compliance with Minnesota Statutes, section 15.99. For LGU use only Date Received: Page 1 of 1 BWSR Wetland Boundary/Type Application Form 11/10/08