HomeMy WebLinkAboutMN Wetland Conservation Act Minnesota - • Conservation Act
Notice of Wetland Conservation Act Decision
Name and Address of Local Government Unit:
Minnehaha Creek Watershed District
18202 Minnetonka Blvd
Deephaven, MN 55391
Name of Applicant: Loren Butterfield Project Name: 3925 Watertown Rd
Application Number: W09-04
Type of Application(check one): ❑ Exemption
❑ No Loss
❑ Replacement Plan
❑ Banking Plan
® Wetland Boundary/Type
Date of Decision: 5/22/09
Check One: ® Approved
❑ Approved with conditions(see note on page 2 regarding use of wetland banking credits)
❑ Denied
Summary of Project/Decision(indicate exemption number per MN Rule 8420.0122, if applicable): A wetland
delineation was completed at 3925 Watertown Road(PID 3211823330006 and 3211823330009) in
Orono by WRM Services. Three wetlands were delineated including a Type 6/3, a Type 5,and a Type 1.
The boundaries as flagged in the field and labeled in the delineation report submitted on April 30,2009 are
accepted by the Minnehaha Creek Watershed District(MCWD). The boundaries were verified in the field
on May 12,2009 by MCWD staff(see attached findings)
List of Addressees:
Landowner:
Loren Butterfield
3925 Watertown Rd
Maple Plain, MN 55359
Consultant:
Bernie Miller
WRM Services, Inc.
9075 1551h Street
Kimball, MN 55353
City of Orono
P.O. Box 66
-Page 1 of 2
W09-04—Boundary NOD 10/02/07
Crystal Bay, MN 55323
Members of Technical Evaluation Panel:
Lynda Peterson
MN BWSR
520 Lafayette Road N, 2nd Floor
St. Paul MN 55155
Stacey Lijewski
Hennepin County Environmental Services
417 N 5th St, Ste 200
Minneapolis MN 55401-3206
Watershed District or Watershed Management Organization(If Applicable):
Department of Natural Resources Regional Office(select appropriate office):
NW Region: NE Region: Central Region: Southern Region:
Regional Director Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol.
2115 Birchmont Beach Rd.NE Div.Ecol.Services Div.Ecol.Services Div.Ecol.Services
Bemidji,MN 56601 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South
Grand Rapids,MN 55744 St.Paul,MN 55106 New Ulm,MN 56073
DNR TEP Representative (if different than above)
Jack Gleason
DNR Waters
1200 Warner Road
St. Paul MN 55106
Corp of Engineers Project Manager @
Department of the Army,Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638
Individual members of the public who requested a copy, summary only
You are hereby notified that the decision of the Local Government Unit on the above-
referenced application was made on the date stated above. A copy of the Local Government
Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0200 and 8420.0250
any appeal of the decision must be commenced by mailing a petition for appeal within thirty (30)
calendar days of the date of the mailing of this Notice to the following as indicated:
-Page 2 of 2
W09-04—Boundary NOD 10/02/07
Check one:
® ❑
(For LGUstaff decisions and decisions made (For LGUdecisions made after a public hearing)
without a public hearing, list name and aldress of Executive Director
LGUgoverning body or designated appeal body) Minnesota Board of Water and Soil Resources
Minnehaha Creek Watershed District 520 Lafayette Road North
18202 Minnetonka Blvd St.Paul,MN 55155
Deephaven,MN 55391
NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland
banking credits is conditional upon withdrawal of the appropriate credits from the state wetland
bank. No wetland impacts may commence until the applicant receives a copy of the fully signed
and executed"Application for Withdrawal of Wetland Credits," signed by the BWSR wetland
bank administrator certifying that the wetland bank credits have been debited.
THIS DECISION ONLYAPPLIES TO the Minnesota Wetland Conservation Act.Additional approvals or
permits from local, state, and federd agencies may be required. Check with all appropriate authorities
before commencing work in or near wetlands.
Applicant proceeds at their own risk if work authorized by this decision is started before the appeal time period has
expired. If this decision is reversed or revised under appeal the applicant is responsible for all wetland impacts.
LOCAL GOVERNMENT UNIT
� 5/26/09
Signa a Date
District Technician
Name and Title
-Page 3 of 2
W09-:04—Boundary NOD 10/02/07
IMPROVING QUALITY OF WATER, QUALITY OF LIFE
The Minnehaha Creek
Watershed District is Local Government Unit Findings and Conclusions
committed to a The delineation of wetland boundaries at 3925 Watertown Road in Orono (PID
leadership role in #3211823330006 and 3211823330009)was reviewed on May 12,2009.The delineation
was performed by WRM Services,Inc.Conditions were clear and the temperature was
protecting,improving approximately 70°F. Three wetland basins had been delineated as shown on the
and managing the attached map.
surface waters and
Basin A was identified as a type 6/3 shrub swamp/shallow marsh with standing
affiliated groundwater water and dominant vegetation of reed canary grass (Phalaris arundinacea) and
resources within the eastern cottonwood (Populus deltoides). The boundary with upland was
characterized by a change in topography and a transition to upland plant species
District,including their including red maple (Acer rubrum), ironwood(Ostrya virginiana), and
relationships to the Pennsylvania sedge(Carex pensylvanica).
ecosystems of which Basin B was identified as a type 5 open water wetland with dominant vegetation
they are an integral part. of reed canary grass, common elderberry (Sambucus canadensis), and redosier
We achieve our mission dogwood(Cornus_sericea). The boundary with upland was characterized by a
change in topography and a transition to upland plant species including
through regulation, Pennsylvania sedge, black cherry(Prunus serotina), red oak(Quercus rubra),
capital projects, basswood (Tilia americana), and sugar maple(Acer saccharum).
education,cooperative Basin C was identified as a type 1 seasonally flooded basin with dominant
endeavors,and other vegetation of wild black currant(Ribes americanum). The boundary with upland
was characterized by a change in topography and a transition to upland plant
programs based on species including Pennsylvania sedge, common buckthorn(Rhamnus cathartica),
sound science, black cherry,red oak, and sugar maple.
innovative thinking,an
MCWD staff finds that the boundaries as flagged in the field and labeled in the
informed and engaged report submitted on April 30, 2009 are acceptable.
constituent},and the
A project may require a MCWD approved permit in addition to other required
cost effective use of permits. If you have any questions,please contact me or Steve Christopher,
public funds. MCWD Permitting Officer, at 952-471-0590.
Report drafted by:
Becky Houdek
MCWD District Technician
May 22, 2009
18202 Minnetonka Boulevard,Deephaven,MN 55391 • 952-471-0590 • Fax:952-471-0682 • www.minnehahacreek.org
Butterfield Property
3925 Watertown Road,Orono
Figure 4
Approximate Delineation
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2009-19 wdr.doc