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Minnesota Wetland Conservation Act 11--3(09(
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
Dr. Glen Nelson Nelson restoration Project Application Number
8/18/2014 W14-37
®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):An on-site TEP meeting was held on September 29,2014.Members of the TEP
that attended included Ben Meyer(BWSR)and Courtney Hall(MCWD/LGU). Doug Mensing,the
applicant's consultant also met on site to discuss the technical merits of the project and to assess the
public value of the wetland.The TEP said that in order for the project to qualify for No-Loss,the
project would have to result in an increase of wetland function and value.
The TEP Findings are summarized in the findings report and technical memo(attached).
The TEP recommended approving the proposed restoration project as a No-Loss as the activities do not
fulfill the criteria of the definition of an"impact"as defined under MN Rules 8420.0111 Subp 32 and
the project will result in an increase in function and value of the wetland.
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):
See TEP Findings and Recommendations above. The application was determined to meet No-Loss
Criteria described in MN Rules 8420.0415 Subp A(an activity that will not impact a wetland)and is
hereby approved.This decision is valid for five years.An MCWD permit is required for this project.
BWSR Forms 7-1-10 Page 1
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 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
X0/8 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
BWSR Forms 7-1-10 Page 2
of 3
4. LIST OF ADDRESSEES
® 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): Dr. Glen Nelson —gnelson@tonkawa.com
® Members of the public who requested notice(notice only): Consultant: Doug Mensing(Applied
Ecological Services)—dougm@appliedeco.com
® Corps of Engineers Project Manager(notice only): Melissa Jenny—
Melissa.mJ enny@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.tis/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 55744 St.Paul,MN 55106
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: Nvww.mvp.usace.army.mil/regulatory/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:
® TEP Findings Report
®Historic Aerials
® Wildlife Memo
®Application
®Plan Set
BWSR Forms 7-1-10 Page 3
of 3