HomeMy WebLinkAboutW19-18 NODMBOARD OF WATER
AND SOIL RESOURCES
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit: Minnehaha Creek Watershed District County: Hennepin
Applicant Name: Robert P. & Karen Berrell Applicant Representative: Tim Johnson, Livit Site + Structure
Project Name: 2740 White Oak Circle, Orono LGU Project No. (if any):
Date Complete Application Received by LGU: 08/13/2019
Date of LGU Decision: 12/12/2019
Date this Notice was Sent: 12/12/2019
WCA Decision Type - check all that apply
® Wetland Boundary/Type ❑ Sequencing ❑ Replacement Plan ❑ Bank Plan (not credit purchase)
❑ No -Loss (8420.0415) ❑ Exemption (8420.0420)
Part:❑A❑B ❑C❑D❑E OF ❑G ❑H Subpart:02❑30405 0607 0809
Replacement Plan Impacts (replacement plan decisions only)
Total WCA Wetland Impact Area:
Wetland Replacement Type: ❑ Project Specific Credits:
❑ Bank Credits:
Bank Account Number(s):
Technical Evaluation Panel Findings and Recommendations (attach if any)
X❑ Approve ❑ Approve w/Conditions ❑ Deny ❑ No TEP Recommendation
LGU Decision
❑ Approved with Conditions (specify below)' ❑X Approved' ❑ Denied
List Conditions:
Decision -Maker for this Application: ❑X Staff ❑ Governing Board/Council ❑ Other:
Decision is valid for: ❑X 5 years (default) ❑ Other (specify):
' Wetland Replacement Plan approval is not valid until 8 WSR confirms the withdrawal of any required wetland bank credits. For project -
specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on
the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid.
LGU Findings — Attach documenti
MCWD, BWSR, and Hennepin County reviewed the boundaries in the field on September 4, 2019. MCWD was
in agreement with the wetland boundaries and types identified on site and shown in the delineation report.
MCWD approves the wetland boundaries and types as shown in the delineation report. This decision is valid
for five years. A future project located on this property may require a permit from the MCWD.
1 Findings must consider any TEP recommendations.
Attached Project Documents
FM Site Location Map ❑ Project PIan(s)/Descriptions/Re ports (specify): Wetland Delineation Exhibit
Appeals of LGU Decisions
If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you
received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director
along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified
below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail.
The appeal should include a copy of this notice, name and contact information of appellant(s) and their
representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why
the decision is in error. Send to:
Appeals & Regulatory Compliance Coordinator
Minnesota Board of Water & Soils Resources
520 Lafayette Road North
St. Paul, MN 55155
travis.germundson@state.mn.us
Does the LGU have a local appeal process applicable to this decision?
X❑ Yes' ❑ No
'If yes, all appeals must first be considered via the local appeals process.
Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable)
Appeal of an LGU staff decision. Send petition and $100 fee to:
Minnehaha Creek Watershed District
15320 Minnetonka Boulevard
Minnetonka, MN 55345
wca@minnehahacreek.org
Notice Distribution (include name)
Required on all notices:
0 SWCD TEP Member: Stacey Lijewski-stacey.lijewski@co.hennepin.mn.us
0 BWSR TEP Member: Ben Carson- ben.carlson@state.mn.us
❑ LGU TEP Member (if different than LGU contact):
❑X DNR Representative: Leslie Parris-leslie.parris@state.mn.us
❑ Watershed District or Watershed Mgmt. Org.:
0 Applicant: Karen Berrell — kkberr@gmail.com
❑x Agent/Consultant: Tim Johnson—tjohnson@livitsitestructure.com
Optional or As Applicable:
0 Corps of Engineers: usace_requests_mn@usace.army.mil
❑ BWSR Wetland Mitigation Coordinator (required for bank plan applications only):
0 Members of the Public (notice only): City Staff 0 Other: Mark Kjolhaug — mkjol@kjolhaugenv.com
BWSR NOD Form — November 12, 2019 2
Signature: Date:
12/12/2019
Heidi Quinn, MCWD Permitting Technician
This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a
summary of the application to members of the public upon request per 8420.0255, Subp. 3.
BWSR NOD Form — November 12, 2019