HomeMy WebLinkAboutWCA_NOD_HenCo_W23-018BWSR NOD Form – November 12, 2019 1
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit: Minnehaha Creek Watershed District County: Hennepin
Applicant Name: Tom Ryan Applicant Representative: Melissa Barrett -
KES
Project Name: W23-018
LGU Project No. (if any): W23-018
Date Complete Application Received by LGU: 5/10/23
Date of LGU Decision: 6/20/23
Date this Notice was Sent: 6/20/23
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): ☐ Summary:
Tom Tyan has applied for approval/confirmation for the no wetland determination located at 2245
Watertown Road Orono.
A wetland delineation was conducted by KES on 10/24/22. The delineation shows no wetland within the
project area.
BWSR NOD Form – November 12, 2019 2
MCWD and KES Staff reviewed the boundaries in the field on 5/31/23. MCWD and BWSR were 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
☐ Site Location Map ☐ Project Plan(s)/Descriptions/Reports (specify):
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)
Notice Distribution (include name)
Required on all notices:
☒ SWCD TEP Member: Tony.brough@co.hennepin.mn.us ☒ BWSR TEP Member: Jed Chestnut Jed.chestnut@state.mn.us ☐ LGU TEP Member (if different than LGU contact):
☒ DNR Representative: Wes.Saunders-pearce@state.mn.us
☐ Watershed District or Watershed Mgmt. Org.:
☒ Applicant: tom@fuseautotech.com
☒ Agent/Consultant: Melissa@kjolhaugenv.com
Optional or As Applicable:
☒ Corps of Engineers: ☐ BWSR Wetland Mitigation Coordinator (required for bank plan applications only): ☐ Members of the Public (notice only): ☐ Other:
BWSR NOD Form – November 12, 2019 3
Signature:
Date: 6/20/23
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.