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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 fy �4 V IN .. t S +r � k w 'R ry y 2009-19 wdr.doc