HomeMy WebLinkAbout11-10-2016 - MN Wetland Conser. 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
Application Number
Ben&Maria Veach 1065 Willow View Drive,Orono 11/7/2016 W16-63
®Attach site locator map
Type of Application(check all that apply):
❑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
2.LOCAL GOVERNMENT UNIT DECISION •
Date of Decision: 11/10/2016
®Approved ❑Approved with conditions(include below) ❑Denied
LGU Findings and Conclusions(attach additional sheets as necessary):
Ben&Maria Veach submitted an application for No-Loss for a proposed deck addition at 1065
Willow View Drive in the City of Orono, Hennepin County,Minnesota. Legal description:
Section 28, Township 118N,Range 23W. The complete application was received on November
7th, 2016.
A Level 1 wetland delineation was conducted by ISG, Inc. on October 4th,2016. One wetland
was identified on site as a Type 3 Shallow Marsh with Type 2 Fresh Wet Meadow Fringe. A
Level 1 delineation was deemed appropriate for the site considering that the property is a part
of the previously permitted Willow View Subdivision(MCWD permit#00-024).
There are no proposed wetland impacts within the project limits for the deck addition.
MCWD determines that the following activity qualifies as No-Loss as it meets the criteria of 8420.0415
Subp A(an activity that does not impact a wetland).This decision is valid for 5 years.
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 fmancial 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
Heidi Quinn Permitting Technician
Signature Date Phone Number and E-mail
_ 11/10/2016 (952)641-4504
hquinn@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 55391 520 Lafayette Road North
St. Paul, MN 55155
4. LIST OF ADDRESSEES
BWSR Forms 7-1-10 Page 2 of 3
SWCD TEP member: Stacey Lijewski—stacey.lijewski@hennepin.us
BWSR TEP member:Ben Meyer—ben.meyer@state.mn.us
❑ LGU TEP member(if different than LGU Contact):
• DNR TEP member: Becky Horton-becky.horton@state.mn.us
❑ DNR Regional Office(if different than DNR TEP member):
O WD or WMO(if applicable):
® Applicant(notice only)and Landowner(if different): Maria Veach-maria.veach@gmail.com,
Matt Roach-matt@barrier-construction.com
® Members of the public who requested notice(notice only): Melanie Curtis—
mcurtis@ci.orono.mn.us,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.mmus/aboutbwsr/workareas/WCA_areas.pdf
For a list of DNR TEP representatives:www.bwsr.state.mn.us/wetlands/wca/DNR TEP_contacts.pdf
Department of Natural Resources Regional Offices:
NW Region: NE Region: Central Region: Southern Region:
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://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf
For a list of Corps of Project Managers:www.mvp.usace.army.mil/regulatory/default.asp?pageid=687
or send to:
US Army Corps of Engineers
St.Paul District,ATM: 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:
®Level 1 Delineation Map
® Site Plan for Proposed Deck
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FIGURE 1
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October 4, 2016 OCT 13 2016
Matt Roach
7100 Madison Ave. West, #100 CITY OF ORONO
Golden Valley, MN 55472
Sent Via Email: matt@barrier-construction.corn
RE: Level 1 Wetland Delineation
1065 Willow View Dr. Orono, MN
Mr. Roach,
ISG, Inc. performed a field visit on October 4, 2016, and completed a Level 1 Wetland Delineation to
obtain information pertaining to a wetland that may potentially be located on the property located at 1065
Willow View Dr. Orono, Minnesota.
The findings of the Level 1 Wetland Delineation are intended to facilitate Local Government Unit (LGU)
discussions with the Technical Evaluation Panel (TEP) to aid in their determination of potential wetland
boundaries to avoid during construction of your project and potential wetland areas that may require
further review (such as a Level 2 Wetland Delineation).
Please note that the scope of the Level 1 Wetland Delineation does not include collection of field data,
establishing sampling points/transects, or other technical information that are required for a Level 2
Wetland Delineation Report.
Project Location and Site Characteristics
The investigation area is single parcel (PID No. 2811823410009) consisting of approximately 1.01 acres.
Site elevations range from approximately 1,028'to 1,036' above msl which slope from the highest point
in the middle of the parcel to the northwest corner of the site.
At the time of the field review, land use was composed of a single-family home with a manicured lawn.
Additional single family homes exist to the east, south, and west of the project area with County Road 6
to the north.
Methods - Level 1 Desktop Review
Water resource related desktop information was collected and reviewed by ISG staff for evaluation of any
potential wetland conditions that may be present within the project area. Figure 1 illustrates the available
GIS data that was utilized to obtain the following observations:
• There are no MNDNR Public Waters located within the project area. One (1) Public Water is located
0.25 miles southeast of the project area.
• There are no mapped National Wetlands Inventory (NWI) signatures present within the project area.
One NWI wetland exists north of County Road 6 outside the project area.
• NRCS Soil Classifications within the project area consist of predominately hydric soil (L132A) in the
southern 2/3 of the project area, with non-hydric soil occurring in the northern 1/3.
• Two foot LiDAR contour data shows the project area topography gently slopes downhill to the
northwest.
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Field Review
During the field visit, the approximate wetland boundary was determined. Topography, dominance of
hydrophytic/non-hydrophytic vegetation, and/or visual indicators of wetland hydrology were utilized to
support the presence of any potential wetland areas that were identified during the desktop review.
Approximate wetland boundaries were then marked with "wetland delineation"flags and surveyed with a
sub-meter GPS unit.
The approximate wetland boundary is considered to be the conservative highest extent of the wetland
basin. Areas below the flagged edge may satisfy the three required wetland parameters (dominance of
hydrophytic vegetation, wetland hydrology indicators, and presence of hydric soils) while areas above
were lacking in one or more of these parameters, and as such are defined as upland areas. Please note
the exact wetland boundary within the approximate wetland boundary can only be defined by conducting
a Level 2 Wetland Delineation, which is outside the scope of a Level 1 Wetland Delineation.
Findings
The results of the desktop review and field visit identified one (1) potential wetland area near the
northwest corner of the project area (refer to attached Figure 1). The wetland area is approximately 715
square feet, and can be classified as a Type 3 Shallow Marsh with a Type 2 Fresh Wet Meadow fringe.
Recommendations
Activities that may impact or potentially impact identified wetlands are regulated through several
government entities:
• Federal
US Army Corps of Engineers: Permit Programs under Section 404 of the Clean Water Act and Section
10 of the Rivers and Harbors Act
• Federal
USDA NRCS: Wetland Conservation Provisions of the 1996 Farm Bill
• State of Minnesota
Minnesota Department of Natural Resources: Public Waters Work Permit Program
• Local
Local Units of Government (LGU) administer the Minnesota Wetland Conservation Act (WCA) of 1991
Please note that grading, excavating, or filling activities are not permitted until all necessary permits have
been obtained. If wetland impacts are anticipated, ISG can assist with navigating the permitting process
and requesting any applicable exemptions upon request. By initiating the permitting process as soon as
possible, potential project delays and the associated cost implications may be avoided.
If you have any questions regarding the Level 1 Wetland Delineation or if you would like to receive a paper
copy of this information, please contact Travis Fristed at 952-426-0699 or via email at travis.fristed@is-
grp.com.
Sincerely,
.44
Lucas Mueller Travis Fristed, PWS, WDC
Environmental Scientist Environmental Services Manager
Enclosures: Figure 1. Approximate Wetland Boundary
Photo Log
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FIGURE 1
MI PN:16-18853 Source(s): 0 15 30 60 1065 Willowview Dr.
Hennepin County Aerial(2015,)ISG(2016),NWI(2016), Feet
MN DNR(2016),NRCS(2014) 1 inch=60 feet Approximate Wetland Boundary
Tuesday,October 04,2016 Orono,MN
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