HomeMy WebLinkAboutMN Wetland Conserv Act Notice of Decision 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
Julie Brown 755 Tonkawa Road Application Number
10/25/15 W15-72
®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: 12/11/15
®Approved ❑ Approved with conditions(include below) ❑ Denied
LGU Findings and Conclusions(attach additional sheets as necessary):
Julie Brown applied for wetland boundary&type confirmation for the wetlands located at
755 Tonkawa Road in the City of Orono, Hennepin County, Minnesota. Legal description:
Section 5, Township 117N, Range 23W.
A wetland delineation was conducted by Svoboda Ecological Resources on October 7d'and
October 15a`, 2015. A complete delineation report and WCA application were submitted to
MCWD on October 25a', 2015. One wetland was delineated on site and identified as a Type
2/3 fresh (wet)meadow/shallow marsh.
MCWD reviewed the boundaries in the field on 11/18/15.MCWD was in agreement with the wetland
boundaries and types identified on site.
While on site,MCWD observed a pile of cut tree and brush slash piled partially within the wetland.
This area of wetland fill covered approximately 100 square feet,making it exempt from Wetland
Conservation Act regulation under the de minimis exemption(8420.0420 Subp. 8. (3)). Though this
fill is exempt from regulation,MCWD urges the landowners to remove it.
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
BWSR Forms 7-1-10 Page 1
of 3
require a permit from the MCWD.
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
Beth Brown Permitting Technician
Signature Date Phone Number and E-mail
n_• _ � 12/11/15 (952)641-4504
ebrown@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
BWSR Forms 7-1-10 Page 2
of 3
St. Paul, MN 55155
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 member:
® DNR Regional Office(if different than DNR TEP member): Leslie Parris -
leslie.parris@state.n n.us
❑ WD or WMO(if applicable):
® Applicant(notice only)and Landowner(if different): Julie Brown—jbrown@loveofit.com
® Members of the public who requested notice(notice only): Frank Svoboda(SER)—
franks@gpsinnovations.com,Christine Mattson(City of Orono)—cmattson@ci.orono.mn.us
® Corps of Engineers Project Manager(notice only): Melissa Jenny—
mefissa.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 55744 St.Paul,MN 55106
For a map of DNR Administrative Regions, see: http://files.dnr.state.nm.us/aboutdnr/dnr_regions.p df
➢For a list of Corps of Project Managers: www.myp.usace.army.mil/re"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
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
Map
"" ---Plain Medina
12
ndependence °
12
t ..:19
13
5 Minnetrista 4:�>`--Site Location
Orono
3
W
Elm St Minnetonka
d r ?�� Beach
7-o
Site Location '
a
Hennepin �a
County o
lb
Q
Forest
Lake or
Dahl Rd
TI 17N R23w S5 Overview Map Figure 1
Project Number 2015-034
1 0 1,0002,000 4,000 755 Tonkawa Road
Project Name and/or Number: SER#2015-034-03—755 Tonkawa Road, Orono
PART ONE: Applicant Information
If applicant is an entity(company,government entity, partnership,etc.),an authorized contact person must be identified. If the
applicant is using an agent(consultant, lawyer,or other third party)and has authorized them to act on their behalf,the agent's
contact information must also be provided.
Applicant/Landowner Name: Julie Brown
Mailing Address: 755 Tonkawa Road, Orono, MN 55356
Phone: 763-443-0768
E-mail Address: jbrown@loveofit.com
Authorized Contact(do not complete if same as above): Frank Svoboda—Svoboda Ecological Resources
Mailing Address: 22752 Co Rd 7, Hutchinson, MN 55350
Phone: 612-384-7770
E-mail Address: franks@gpsinnovatitons.com
PART TWO: Site Location Information
County: Hennepin City/Township: Orono
Parcel ID and/or Address: 755 Tonkawa Road (PID#0511723330003)
Legal Description(Section,Township, Range): Auditor's Subd. No. 217, Lot 1; A part of the SE 1/4 SE '/4
SW '/ SW '/, Section 5, T117N, R23 W, City of Orono,
Hennepin County, Minnesota
Lat/Long(decimal degrees): Lat.44.964361(44°57'51.6996"N)/Long.-93.620214(93°37'12.7704"W)
Attach a map showing the location of the site in relation to local streets, roads,highways.
u
Approximate size of site(acres)or if a linear project, length(feet): 2.29 Acres
If you know that your proposal will require an individual Permit from the U.S.Army Corps of Engineers,you must provide the
names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to
your application or by using block 25 of the Application for Department of the Army permit which can be obtained at:
http://www.mvp.usace.army.mil/Portals/57/docs/reeulatory/RegulatoryDocs/engform 4345 2012oct.pdf
Project Name and/or Number: SER#2015-034-03—755 Tonkawa Road,Orono
PART THREE: General Project/Site Information
If this application is related to a delineation approval,exemption determination,jurisdictional determination,or other
correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number.
Describe the project that is being proposed,the project purpose and need, and schedule for implementation and completion.The
project description must fully describe the nature and scope of the proposed activity including a description of all project elements
that effect aquatic resources(wetland,lake,tributary,etc.)and must also include plans and cross section or profile drawings
showing the location,character,and dimensions of all proposed activities and aquatic resource impacts.
The owner wants to know where the approved edge is located before starting the planning process.As soon as approval is
received they will move forward with their project.
PART FOUR: Aquatic Resource Impact' Summary
if your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each
impact in the table below. Include all anticipated impacts, including those expected to be temporary. Attach an overhead view
map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed
impacts. Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table.
IAquatic Type of Impact Duration of Existing Plant County,Major
Aquatic Resource ; Overall Size of watershed#,
Resource Type ! (fill,excavate, Impact , Community
ID(as noted on I ; Size of Impact Aquatic and Bank Service
(wetland,lake, !drain,or remove Permanent(P)or, 3 Type(s)in Impa
overhead view) Resource 4 Area#of Impact
tributary etc.) vegetation) Temporary(T)' Area s
Area
'If impacts are temporary;enter the duration of the impacts in days next to the"T" For example.a project with a temporary access fill that would be removed
after 220 days would be entered"T(220)".
2Impacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the nearest 0.01 acre.
Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream
followed by the area impact in parentheses). For example,a project that impacts 50 feet of a stream that is 6 feet wide would be reported as 50 It(300 sq/ft).
'This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp.8,otherwise enter"N/A".
Use Wetlond Plants and Plont Community Types ofMinnesoto and Wisconsin 3r°Ed.as modified in MN Rules 8420.0405 Subp.2.
'Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp.7.
If any of the above identified impacts have already occurred, identify which impacts they are and the circumstances associated
with each:
PART FIVE: Applicant Signature
❑ Check here if you are requesting arp e-application consultation with the Corps and LSU based on the information you have
provided. Reguietory entities will not initiate a formal application review if this box is checked.
By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the
authority to undertake the work described herein.
Signature: `'"`� - Date: October 8, 2015
I hereby authorize Svoboda Ecological Resources to act on my behalf as my agent in the processing of this application and to
furnish, upon request,sup,Rleme 'information in support of this application.
'The term"impact"as used in this joint application form is a generic term used for disclosure purposes to identify
activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to
indicate whether or not those activities may require mitigation/replacement.
Project Name and/or Number: SER#2015-034-03—755 Tonkawa Road,Orono
Attachment A
Request for Delineation Review, Wetland Type Determination, or
Jurisdictional Determination
By submission of the enclosed wetland delineation report, I am requesting that the U.S.Army Corps of Engineers,St. Paul District
(Corps)and/or the Wetland Conservation Act Local Government Unit(LGU) provide me with the following(check all that apply):
LJ Wetland Type Confirmation
ZDelineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU
concurring, not concurring,or commenting on the boundaries of the aquatic resources delineated on the property. Delineation
concurrences are generally valid for five years unless site conditions change. Under this request alone,the Corps will not address
the jurisdictional status of the aquatic resources on the property, only the boundaries of the resources within the review area
(including wetlands,tributaries, lakes, etc.).
ZPreliminary Jurisdictional Determination.A preliminary jurisdictional determination(PJD) is a non-binding written indication
from the Corps that waters,including wetlands, identified on a parcel may be waters of the United States. For purposes of
computation of impacts and compensatory mitigation requirements,a permit decision made on the basis of a PJD will treat all
waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be
appealed.
Approved Jurisdictional Determination.An approved jurisdictional determination (AJD) is an official Corps determination that
jurisdictional waters of the United States are either present or absent on the property.AJDs can generally be relied upon by the
affected party for five years.An AJD may be appealed through the Corps administrative appeal process.
In order for the Corps and LGU to process your request,the wetland delineation must be prepared in accordance with the 1987
Corps of Engineers Wetland Delineation Manual,any approved Regional Supplements to the 1987 Manual, and the Guidelines for
Submitting Wetland Delineations in Minnesota(2013).
http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx