HomeMy WebLinkAboutW19-34 NODBWSR NOD Form – November 12, 2019 1
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit: Minnehaha Creek Watershed District County: Hennepin
Applicant Name: Rick Hendel, Hendel Homes Applicant Representative: Travis Fristed, ISG
Project Name: 1775 Fox Street, Orono LGU Project No. (if any): W19-34
Date Complete Application Received by LGU: October 28, 2019
Date of LGU Decision: December 13, 2019
Date this Notice was Sent: December 13, 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 ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9
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)
☒ Approve ☐ Approve w/Conditions ☐ Deny ☒ No TEP Recommendation
LGU Decision
☐ Approved with Conditions (specify below)1 ☒ Approved1 ☐ Denied
List Conditions:
Decision-Maker for this Application: ☒ Staff ☐ Governing Board/Council ☐ Other:
Decision is valid for: ☒ 5 years (default) ☐ Other (specify):
1 Wetland Replacement Plan approval is not valid until BWSR 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 document(s) and/or insert narrative providing the basis for the LGU decision1.
☒ Attachment(s) (specify): 05-496 Subdivision Declaration with 35’ upland buffer & plan sheet
☒ Summary:
Hendel Homes has applied for a wetland boundary & type confirmation for the wetlands located at 1775 Fox
Street, Orono, Hennepin County, Minnesota. Legal description: Section 3, Township 117N, Range 23W. The
boundary & type approval was requested on October 28, 2019.
A wetland delineation was conducted by delineator on October 8, 2019. One wetland was delineated within
the project area. The wetland was identified as a Type 3, shallow marsh wetland.
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.
BWSR NOD Form – November 12, 2019 2
1 Findings must consider any TEP recommendations.
Attached Project Documents
☒Site Location Map ☒ Project Plan(s)/Descriptions/Reports (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?
☒Yes1 ☐ No
1If 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:
☒SWCD TEP Member: Stacey Lijewski-stacey.lijewski@co.hennepin.mn.us
☒BWSR TEP Member: Ben Carson- ben.carlson@state.mn.us
☐LGU TEP Member (if different than LGU contact):
☒DNR Representative: Leslie Parris -leslie.parris@state.mn.us; Jason Spiegel (Hennepin)
Jason.spiegel@state.mn.us
☐Watershed District or Watershed Mgmt. Org.:
☒Applicant: Rick Hendel- rick@hendelhomes.com
☒Agent/Consultant: Travis Fristed-Travis.Fristed@ISGInc@com
Optional or As Applicable:
☒Corps of Engineers: usace_requests_mn@usace.army.mil
☐BWSR Wetland Mitigation Coordinator (required for bank plan applications only):
☒Members of the Public (notice only): City of Orono Staff ☐Other:
Signature:
Heidi Quinn, MCWD Permitting Technician
Date:
12/13/2019
BWSR NOD Form – November 12, 2019 3
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.