The URL can be used to link to this page

Home My WebLink AboutLtr re: pond Minnehaha Creek �i Watershed District Improving Quality of Water, Quality of Life June 8, 1999 �� C� 9 1999 Gray Freshwater Center Hwys.15&19,Navarre Mr. Gabriel Jabbour 21 University Avenue N.E. Minneapo(is, MN 55413 Mail: 2500 Shadywood Road RE: 4465 Bayside Road, Orono Excetsior,MN 55331-9578 Dear Mr. Jabbour: Phone:(612)471-0590 Fax:(612)471-0682 I am writing in response to the discussion we recently had regarding the pond on your prooerty at 4465 Bayside Road, Orono. After researching the exemptions offered by the MN Wetland Conservation Act(WCA) and conferring with the District's attorneys it is Email: my conclusion that the pond woutd not be considered an incidental wetland. adminC�minnehahacreek.org As you related,the pond was excavated for the intention of retaining water, probably for Web Site: use by livestock. One interpretation of the rules (MN Rules Chapter 8420.0122, subpart www.minnehahacreek.org 5) would read this activity to result in an intentional water basin that, since it has taken on the characteristics of a wetland, should be considered a wetland. Another interpretation would suggest that the purpose of retaining the water was for something other than creating a wetland, assuming the original excavation was in a non-wetland area. The pond appears to be holding water and contains hydric vegetation that is growing Board of Managers quite well. This could mean there is a perched water table supporting the hydrology of the pond or the original excavation took place in a depressional area that was wet and Pamela G.Blixt could be considered a seasonal wetland or the pond may have a liner which promotes the James Calkins water retention. If a liner is present we could assume the hydrology is artificially retained Lance Fisher and the pond is therefore not a wetland. If the former two assumptions were correct it would be probable that the pond is a wetland. Monica Gross Thomas W.LaBounty Since there are some facts no one is sure about and since the pond is currently functioning as a wetland, it is my interpretation that the pond is a wetland and shou(d be Thomas Maple,Jr. preserved as a wetland. I would be glad to discuss this with you and have enclosed a "�1aIC0I^',FBid cor�of the Ru�es cited above for your convenience. Please call me with any questions at 471-6282. Sincerely,; , , ,t��-''L ti�---- J m Ha�ner ` istrict Technician Enclosure c: L. Eric Evenson, District Administrator, MCWD Mike Gaffron, City of Orono I � �Printed on recycled paper containinq C:\F[LES\wetiandsUabbour.doc at least 30%post consumer waste. . . _ � . ^ ': � ` �• � �� :*' r� �:i £'��3 M1; .�� ii r �F.; �i�.e�.�'t. o`;. .� �.. . � •� . , ... .......•. . .:�•--- ��^y�� g �.^.�"A�t `S' w'< :Y� :.t � i i � rrF: i � r v- ��.`� '� M•, �� To qualify for a nationwide permit, the applicant for a I United States Army Corps of Engineers permit must meet any � regional conditions imposed by the United States Army Corps of Y, Engineers, and must obtain from the Minnesota Pollution Control Agency an individual section 401 certification when required. Subp. 4. Wetland restoration. A replacement plan for ;, wetlands is not required for activities in a wetland restored :r' for conservation purposes under a contract or easement providing ; �.� r Y4�' a the landowner with the right to drain the restored wetland. F� �� ' ' The landowner must provide a contract or easement �N�lt d " �trs conveyance or affidavit demonstrating that the landowner or a , `��"�"'''=` redecessor rpstored the wetland for conservation purposes but a,,•r,,• p ` �",�p.i�,.;"; , p "" retained the right to subsequently drain the restored wetland. ��'`~ � Sub 5. Incidental wetlands. A replacement plan for ra}� :. P- -r ^•• a� x � ��,� � : ; wetlands is not required for activities in a wetland created `A` . solely as a result of: � ,,. �::� �# `r``'' A. beaver dam construction; � � � �, B. blockage of culverts through roadways maintained � ' � � ` by a public or private entity.; * t� 4!f F ... C. actions by public or private entities that were k „,: �, taken for a purpose other than creating the wetland; or � ,.�^�;; +"� D. any combination of items A to C. �,:r` Wetland areas created by beaver activities may be drained �r `; by removing those materials placed by beaver. Drainage is t,.'` permitted by removing or moving materials blocking installed ': roadway culverts and drainage structures. Additional excavation � Y or removal of other materials is not permitted unless it can be ' ` , '� shown by aerial photographs that the proposed activity will not » •r�' �, �y';,' drain or fill wetland that was there before the beaver dam was ;:• � � K�.�`. built or before the culvert became plugged. ', ; .� Wetlands may be drained or filled if the landowner can show ,��n ��-'�';: that the wetland was created solely by actions, the purpose of �^? � which was not to create the wetland. � s�" ` Impoundments or excavations constructed in nonwetlands �ix'' f �� , solely for the purpose of effluent treatment, storm water ` ; „ � retention, soil and water conservation practices, and water � �` '�� ' 4' quality improvements, and not as part of a compensatory wetiand � t; � t ' ,� mitigation process that may, over time, take on wetland � characteristics, are also exempt. � �;,� Subp. 6. Utilities; public works. A replacement plan for �i,, � � •, wetlands is not required for: � '' t' A. placement, maintenance, repair, enhancement, or �:Jy+' replacement of utility or utility-type service if: � (1) the impacts of the proposed project on the hydrologic and biological characteristics of the wetland have �; been avoided and minimized to the extent possible; and � (2) the proposed project significantly modifies „�� or alters less than one-half acre of wetlands; , B. activities associated with routine maintenance of ; `'' utility and pipeline rights-of-way, provided the activities do �a� 19 r;f�; t;�_'� ,...� 7:: �