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HomeMy WebLinkAboutMN Wetland Conserv Act Notice of Decision � � SS�'a�-ram-k- �►= 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 Hamel Properties LLC Hamel Property Application Number 9/01/2016 W16-49 ® 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: 9/27/2016 ® Approved ❑ Approved with conditions(include below) ❑ Denied LGU Findings and Conclusions(attach additional sheets as necessary): Hamel Properties LLC applied for a wetland boundary&type confirmation for the wetlands located at the property(PID=261 1 8233 10002)north of 6t'Avenue North and west of Tamarack Drive in the City of Orono, Hennepin County, Minnesota. Legal description: Section 26,Township I I8N, Range 23W. The boundary&type approval was requested September 1St, 2016. A wetland delineation was conducted by ISG on August 3rd,2016.A complete delineation report and WCA application were submitted to MCWD on September 1St,2016. Five wetlands were delineated within the project area. Wetland I was identified as a Type 3, Shallow Marsh wetland. Wetland J was identified as a Type 2, Fresh(Wet)Meadow wetland. Wetland K was identified as a Type 2,Fresh (Wet)Meadow wetland. Wetland L was identified as a Type 2, Fresh(Wet)Meadow wetland. Wetland M was identified as a Type 3, Shallow Marsh wetland. Boundaries and types were reviewed in the field September 23rd,2016. MCWD was in agreement with wetland boundaries and types. MCWD approves the wetland boundaries and types as delineated in the field and 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 Replacement Plans using credits from the State Wetland Bank: BWSR Forms 7-1-10 Page 1 of 3 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 met! 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 Rachel Workin Permitting Technician Signat Date Phone Number and E-mail 9/27/2016 (952)641-4518 rworkin@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. 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. 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 BWSR Forms 7-1-10 Page 2 of 3 4.LIST OF ADDRESSEES ® SWCD TEP member: Stacey Lijewski—stacey.lijewski@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): greg@spensagroup.com ® Members of the public who requested notice(notice only): ISG(Lucas Mueller)- lucas.mueller@is-grp.com; City of Orono(Christine Mattson)-cmattson@ci.orono.mn.us; City of Orono(Melanie Curtis)mcurtis@ci.orono.mn.us; City of Orono(Mike Gaffron)- mgaffron@ci.orono.com Corps of Engineers Project Manager(notice only): Melissa Jenny— melissa.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.us/aboutbwsr/workareas/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. 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 Bemidji,MN 56601 1 55744 1 St.Paul,MN 55106 For a map of DNR Administrative Regions,see:http://files.dnr.state.mn.us/aboutdnr/dnr reaions.pdf ➢For a list of Corps of Project Managers: www.myp.usace.gony.mil/reg-ulatoCL/default.asl22pap-eid=687 l�ry/default.asl2?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 6.ATTACHMENTS In addition to the site locator map,list any other attachments: ®Approved wetland boundaries BWSR Forms 7-1-10 Page 3 of 3 Ie end • Welland Flag Photo Location Sample Point ® Upland Welland QProjectArea Wetland Delineation Wetland Type M Type 2-Fresh(wet)Meadow ®Type 3-Shallow Marsh 1 11 1'3 • m � 17 K Td7 00 4A PN:1 6-19484 lgu re Source(s): orthophoto(NAP,rxd2015) ° 50 100 =°�„, Wetland Delineation Map We0and Nlheatbn QSG,1016) =inch-300 feet Hamel Properties LLC Tuesday,August 16,2016 Orono, Hennepin, Minnesota