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
Marvin&Elizabeth Borman 1080 Tonkawa Rd-Orono Application Number
11/25/2014 W14-68
® 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:
® Approved ❑ Approved with conditions(include below) ❑ Denied
LGU Findings and Conclusions(attach additional sheets as necessary):
Marvin&Elizabeth Borman have applied for wetland boundary&type confirmation for the wetlands
located at 1080 Tonkawa Rd in the City of Orono (PID 0811723130011 and 0811723130010).
A wetland delineation was conducted by Svoboda Ecological Resources on November 5, 2014. A
complete delineation report and application was submitted to MCWD on November 25, 2014.Two
wetlands were delineated on site. Wetland 1 was classified as a Type 1 floodplain forest and Wetland
2 was classified as a Type 2 fresh, wet meadow. A waiver to the 60-day decisionmaking process was
issued on 12/2/14 due to the termination of the growing season and was received on 12/19/14. DNR
Public Water 27-133 (Minnetonka-Maxwell Bay)is located on the eastern edge of the parcel.
MCWD and BWSR reviewed the boundaries in the field on April 30,2015.MCWD and BWSR
determined that a previously investigated area that was classified as upland is wetland and requested
additional data documenting this area.MCWD received a technical memorandum to this end on 5/5/15
and final data updates on 6/9/15. Wetland 3 was classified as a Type 1 floodplain forest.
MCWD approves the wetland boundaries and types as delineated in the field and documented in the
delineation report and technical memorandum. This decision is valid for five years. A future project
located on this property may require a permit from the MCWD.
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
Beth Brown Permitting Technician
Signature Date Phone Number and E-mail
} 6/24/15 (952)6414504
}° 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
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):
® Members of the public who requested notice(notice only): Frank Svoboda(Svoboda Ecological
Resources)—franks@gpsinnovations.com; Heather O'Connor—heather.oconnor@lakesmn.com;
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)
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 Region: NE Region: Central Region: Southern Rection:
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:Hfiles.dnr.state.mn.us/aboutdnr/dnr_regions.pdf
➢For a list of Corps of Project Managers: www.myp.usace.army.mil/regul�ry/default.asp?12aizeid=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:
® SER May 51'Technical Memo
® Updated 3-1 Data Sheets
El
BWSR Forms 7-1-10 Page 3
of 3
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