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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 nwon V,._.. -7 i 1 n Pace 3 of 3 ii,, y. "�$ 1 ,t In.. , . 1s..v. — ... _.l• p" .... i�.nisi,.. ., N'/•▪ ,1 « •�r♦r r •.-.. 1 .,414 .".4• n au, • J1,,„,. [ Prtlitvet 0a9.4 .b... 4 At f11M ,- 0 ="3 CSAR 6 r • ti 4 4.11. 4,4114 1"' ll 52 ts Mail MM • lIW fR s +w� .N ,__�.. __, — 3 - – – . __- ,. /r1M�„ =�'.� 1� .�r,q tilt i_""""4111--.4&-" awed".'.�fi ..4le..i .,,,SIS X040 _ ,_ _. y m,. 1036: _ { T -, . -. 0110 ':e'.7C►•r4IIIF-x m • - , .. -1034, _+• . t - App.a t W11. _ 1' -�. ems* -+�.�• CY�4` 9 µ� _. � � ` 9f td 1'/�.- "^' +� ,+ • fy 1. f: y4 , '' �4 ,p.,r — m5" - f .-k--(:, * 1 1 �7 �� i ;fibs 1 O 103•6 r ,r '�. � - 1034 100' 11 44 1032 r144•. CI Project Area a r' * Wetland Flag ,I... — Contours lora o` National Wetland Inventory Ih , 4, A036 •. Hydric Soil Predominantly Hydric Soil M(� r..*-----..----:/'1 _ 1 Partially Hydric Soil FIGURE 1 -¢ a PN.16.16053 Source(s): 0 15 30 6Feet 1065 Willowview Dr. r +�., MN County 1 Inch=60 feet Approximate Wetland Boundary MN DNR(2016),NRCS(2014) Orono,MN " Tuesday,October 04,20164 ,0,. . 4/111,09,114Town: nip j mange fry .• '� R.v.C. X SITE PLAN __ GRADING PLAN I AIBP ROVED k i R.E 5 p S {I 0 APPROVED WITH REVISIONS I 111 L}ISA:JP .'" ED 13Y — DATE 0 G- ti-0\ 1634,8 --265.34--- --- • 1036.0 F__, . — 0 1 ____,e_. _ _ ____ _ ___ __I DRAINAGE & UTILITY EASEMENT ` \ I \ 1 \ \\ 1 \ I \ \\ 1 \ I \ ` C62.9:0) toahul ►oso,�} \\ \ 1030.(0 `q. IB'-o 15.0 9*eq ( -495431,1(Abil \ ° 15.0• r .i ,.i.33.1 N > c-o ` 1031,'x ' 34'-0" D T Ptt.E f0 \ PROPOSED ' 21'-a" ` 1 \ o RESIDENCE 1 \ 61 ° - AcToR c 1 7'-B" N 103'I.D U" I • •.o \\ 241:: •11'-0.. �11r_e", 15.0 0 �I • • a 6 t \ 1P o 15.0 ... on' '1ozT9"1034. `_1033.' -roe trwrc- • w5 4.q3 1 �- /DRIVE / 1 Top Wog- \ 1033.53 I I \ \Ii o1 1 \ 5 \ b1 5\_ - - - rt 0 � 1 y ,7 ciSG M ty KtC;tivtU 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. • � y 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 •10 0L..,, � .I iI!,I,I i, icr ;, 11ir��,*' 'r .I;IAia ,i. •,il, I, , 1 i,lll,i ,r, li I '' is -.,,.:,, i'';IC; %', iii #� 11 1, Mid .1,',,' ''''' . � �` t -ge t ' ea I CSAH 6 -_.. m z � ia r, ,'-'• � tyil urir i,li� 1 ni.Li 1•••rlt,�, )JIJ � �'" ru ?. Sill I►r' H,'I. I ,.,. ,.. ,.. I el x. CSAH 6 ° 1036 z , �, ,, dui # x ';'10 s 1034 ..G 4.414P'' �"'8 Approximate Wetland Bounda 1028 Y c'fa 9 ' 11 n, 4 FrN- ' 036 N ^c5n36 40 ,..., e " 3� , ._ " 1034 10 ti ar �� � Legend u j• =' Q Project Area c' Wetland Flag 1034 — Contours National Wetland Inventory 1036 0 =.„,,, It.,, Hydric Soil . Predominantly Hydric Soil y 8 Partially Hydric Soil 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 r Standing on east edge of wetland facing west, looking towards approximate wetland boundary. • r . { J 4+ , . -- 'p Standing south of the potential wetland area facing south. • 144 • µi Standing on west side of the house facing north towards east edge of potential wetland area.