HomeMy WebLinkAboutMN Wetland Conserv Act Notice of Decision t •.
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit(LGU) Address
Minnehaha Creek Watershed District 15320 Minnetonka Blvd
Minnetonka,MN 55391
1. PROJECT INFORMATION
Applicant Name Project Name Date of Application
Dion Buhman 1560 Tanglewood Road Application Number
7/21/2013 W13-24
® 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: 9/11/2013
® Approved ❑ Approved with conditions (include below) ❑Denied
LGU Findings and Conclusions(attach additional sheets as necessary):
A wetland delineation was conducted by Jacobson Environmental at 1560 Tanglewood Road in the City
of Orono on June 24,2013.
Three wetlands were identified and delineated on the properly. Wetland 1 and Wetland 3 were flow
channels that were identified in the delineation report as riverine basins(Cowardin Type R3UB).Wetland
2 was identified as a Type 2 fresh(wet)meadow.
The boundaries &types of the delineated wetlands were reviewed in the field on September 4,2013 by
Wenck Associates staff on behalf of the Minnehaha Creek Watershed District(MCWD). All wetland
boundaries and types were confirmed to be accurate during the site visit.
MCWD approves the wetland boundaries &types as delineated in the field and documented in the
delineation report dated July 21, 2013.This decision is valid for five years. A project on this property
may require a permit from the MCWD.
RWRR Form-,7-1-10 Page 1 of 3
ti
For Replacement Plans using credits from the State Wetland Bank:
Bank Account# Bank Service Area County Credits Approved for
Withdrawal(sq.ft.or nearest.O1
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
Brandon Wisner Compliance Officer
Date Phone Number and E-mail
1/13/2014 (952)641-4505
bwisner@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. Send
petition and$0 fee(if applicable)to: petition and$500 filing fee to:
Minnehaha Creek Watershed District Executive Director
15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources
Minnetonka,MN 55391 520 Lafayette Road North
BWSR Forms 7-1-10 Page 2 of 3
r
St.Paul,MN 55155
4.LIST OF ADDRESSEES
® SWCD TEP member: Stacey Lijewsld—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.doperalski@state.mn.us
❑ WD or WMO(if applicable):
® Applicant(notice only)and Landowner(if different):Dion Buhman,1560 Tanglewood Road,
Orono,MN 55356
® Members of the public who requested notice(notice only):
Consultant:Jacobson Environmental(Wayne Jacobson)—jacobsonenv@msn.com
City of Orono(Christine Mattson): cmattson@ci.orono.mn.us
® Corps of Engineers Project Manager(notice only):Melissa Jenny—
Melissa.m.j envy@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-ims.pdf
➢For a list of DNR TEP representatives:www bwsr state mn us/wetlands/wca/DNR TEP contacts.ndf
➢De artment of Natural Resources Regional Offices:
NW Region: NE ion: 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.ndf
➢For a list of Corps of Project Managers:www.Mn.usace.aMy.mil/regglatoly/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
6.ATTACHMENTS
In addition to the site locator map, list any other attachments:
El
BWSR Forms 7-1-10 Page 3 of 3
Figure 1 Site Location Map
93035.000'W 93034.000'W 93033.000'W WGS84 93632.000'W
z
. _•..`.
:
Q 1, •\ M '• �' / �. 1'. ` Z
C,
/
.� �
1w.
o Cll v /),Cj�Jy./
4 IL
Y 'Val Ln
..,
ji4v 77-
t
' C ]]
/ •. � Lia, J. `.'JLLi/ /
� W,�. � /(N11✓\!r• :.fes MILL i...`',I' ,� • ,'..,, �fLtTa '-'. w �=..` � .
l �� .Lake Dijgwil
z ti `.
C ,
�. � — ` ,� 1, 116 ' - 25 0
�MiPH7�•• '•.
• Trinity. S. _-L- + '�- $]TE 4hti"i— TP ' � ~� �: 13ii1 •` o
••Ln
Ln
:
w;: ro r io
� lid'.-,� �,- - "'� �:• •. �_ � J},i ��, v �. +� J d N
Tj
NA
At
•
— -
w 4 >
_ , �l��w+-,........e.., 1 b. w•..•tlw,N..• +,yn.-h 'wa..• \h rtrt,r�� . .s J/
Y
?, perk.. ' . d 1 z
LW
0o Cir iaoo• o
� •_ • �'"@� •.y Z '' � � .f
12 . •• 'LLMC � v
C,
v '
Geog k;® 005 Tele• 11
�.
93°35.000'W 93034.000'W 93033.000'W WGS84 93032.000'W
NATIONAL 0.0 0.5 miles TNF N '
GEOGRAPHIC i • '-'r- + I°'2°
0.0 0.5 1.0 km 07/17113
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit(LGU) Address
Minnehaha Creek Watershed District 15320 Minnetonka Blvd
Minnetonka,MN 55391
1.PROJECT INFORMATION
Applicant Name Project Name Date of Application
Dion&Tanya Buhman 1560 Tanglewood Road-Orono Application Number
9/2/2014 W14-38
®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
2.LOCAL GOVERNMENT UNIT DECISION
Date of Decision: 10/8/2014
®Approved ❑Approved with conditions(include below) ❑Denied
LGU Findings and Conclusions(attach additional sheets as necessary):
Dion&Tanya Buhman submitted an application for an Exemption(De Minimis)for the installation
of a culvert and a waterbody crossing(see attached application).
On September 11,2013 the MCWD issued a NOD for wetland boundary/type for the wetlands
located on subject parcel- 1560 Tangelwood Road.
The location of the proposed culvert is not located in a WCA jurisdictional wetland.The location of
the culvert is in a ravine that flows into what was described in the 2013 NOD as a riverine basin
(R3UB). Therefore,there are no proposed impacts to a wetland and a De Minimis Exemption is not
needed.
The applicants have applied for an Erosion Control permit and a Waterbody Crossings&Structures
permit through the MCWD,which has been reviewed and approved by the District.
The MCWD approves the application as a No-Loss as the project meets the criteria of 8420.0415
Subp A—an activity that does not impact a wetland.This decision is valid for 5 years.
BWSR Forms 7-1-10 Page 1
,.P Z
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 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
Courtney Hall Wetland Specialist
Signa a Date Phone Number and E-mail
(952)473-2855
10// I`� chall@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 55391 520 Lafayette Road North
St. Paul, MN 55155
4. LIST OF ADDRESSEES
BWSR Forms 7-1-10 Page 2
..F'1
V
® SWCD 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:
® DNR Regional Office(if different than DNR TEP member): Brooke Haworth -
brooke.haworth@state.mn.us
❑ WD or WMO(if applicable):
® Applicant(notice only)and Landowner(if different): Dion Buhman—dion@farmchism.com
® Members of the public who requested notice(notice only): Consultant: Bob Wallace(Mom's
Landscaping and Design)—bobwallace@momslandscaping.com
® Corps of Engineers Project Manager(notice only): Melissa Jenny—
Mclissa.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
➢De artment of Natural Resources Regional Offices:
NW Re ig_on: 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 55744 St.Paul,MN 55106
For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dnr re ig ons.pdf
➢For a list of Corps of Project Managers: www.mvp.usace.army.mil/re ug latory/default.asp?pagLid=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:
®Application
®2013 Notice of Decision
El
BWSR Forms 7-1-10 Page 3
of 3