HomeMy WebLinkAboutNOD 3740 and 3760 Togo RoadBWSR NOD Form – November 12, 2019 1
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit: Minnehaha Creek Watershed District County: Hennepin
Applicant Name: Daryl & Kristi Emery Applicant Representative: Faith Holaday – Kjolhaug Environmental
Services
Project Name: 3740 & 3760 Togo Road
LGU Project No. (if any): W42-021
Date Complete Application Received by LGU: 6/10/2024
Date of LGU Decision: 8/5/2024
Date this Notice was Sent: 8/5/2024
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): The updated wetland delineation report is attached.
☒ Summary:
Daryl and Kristi Emery have applied for wetland boundary/type approval for the wetlands located on/at 3740
& 3760 Togo Rd, Orono.
A wetland delineation was conducted by Kjolhaug on 4/15/2024. The delineation shows 1 wetlands within the
project area.
BWSR NOD Form – November 12, 2019 2
MCWD Staff reviewed the boundaries in the field on 7/18/2024. Some of the flags were underwater so
photos were sent to Kjolhaug with the proposal to move the boundary upland in the areas which were
saturated. There was a clear topography change that the boundary was adjusted to and sent back out to the
TEP. Those updated boundaries are included in the attached updated 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)
Send petition and $100 fee to:
Minnehaha Creek Watershed District
ATTN: Permitting
15320 Minnetonka Blvd
Minnetonka, MN 55345
Notice Distribution (include name)
Required on all notices:
☒ SWCD TEP Member: Stacey Lijewski- stacey.lijewski@co.hennepin.mn.us ☒ BWSR TEP Member: Jed Chesnut – jed.chesnut@state.mn.us ☐ LGU TEP Member (if different than LGU contact):
☒ DNR Representative: Wes Saunders-Pearce – wes.saunders-pearce@state.mn.us ☐ Watershed District or Watershed Mgmt. Org.:
☒ Applicant: Daryl Emery – demery@straubdesign.com
☒ Agent/Consultant: Faith Holaday – faith@kjolhaugenv.com
Optional or As Applicable:
BWSR NOD Form – November 12, 2019 3
☒ 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): ☐ Other:
Signature: Veronica Sannes
Date: 8/5/2024
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.