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Home My WebLink AboutW15-28_NoticeOfDecisionBWSR Forms 7-1-10 Page 1 of 3 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) Minnehaha Creek Watershed District Address 15320 Minnetonka Blvd Minnetonka, MN 55345 1. PROJECT INFORMATION Applicant Name Tim Skelly Project Name 1150 Homestead Trail Date of Application 6/9/15 Application Number W15-28 Attach site locator map Type of Decision: 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 Summary (or attach): 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 7/22/15 Approved Approved with conditions (include below) Denied LGU Findings and Conclusions (attach additional sheets as necessary): Tim Skelly applied for wetland boundary & type confirmation for the wetlands (in this case, lack thereof) located at 1150 Homestead Trail in the City of Orono, Hennepin County, Minnesota (PID 2811823320001). Legal description: Section 28, Township 118N, Range 23W. A wetland delineation was conducted by Kjolhaug Environmental Services on April 18, 2015. A complete delineation report and WCA application was submitted to MCWD on June 9, 2015. No wetlands were delineated on site. One wetland was delineated northwest of the property boundary and identified as a Type 2 fresh (wet) meadow. MCWD reviewed the wetland boundaries in the field on 7/22/15. MCWD was in agreement that the wetland boundaries were located north and west of the subject property, as documented in the delineation report. MCWD approves the lack of wetlands on the property as delineated in the field and documented in the delineation report. This decision is valid for five years. A future project located on this property may require a permit from MCWD. A future project located on the properties north and west of this property may require a wetland boundary & type Notice of Decision and a permit from MCWD. BWSR Forms 7-1-10 Page 2 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 financial 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 Beth Brown Title Permitting Technician Signature Date 7/22/15 Phone Number and E-mail (952) 641-4504 ebrown@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 petition and $0 fee (if applicable) to: Minnehaha Creek Watershed District 15320 Minnetonka Blvd Minnetonka, MN 55345 Appeal of LGU governing body decision. Send petition and $500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 BWSR Forms 7-1-10 Page 3 of 3 4. LIST OF ADDRESSEES 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: DNR Regional Office (if different than DNR TEP member): Brooke Haworth - brooke.haworth@state.mn.us WD or WMO (if applicable): Applicant (notice only) and Landowner (if different): Tim Skelly – tim.skelly@claconnect.com Members of the public who requested notice (notice only): Ben Carlson (Kjolhaug Environmental Services) – ben@kjolhaugenv.com, Christine Mattson (City of Orono) – 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.mn.us/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: Reg. Env. Assess. Ecol. Div. Ecol. Resources 2115 Birchmont Beach Rd. NE Bemidji, MN 56601 NE Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 1201 E. Hwy. 2 Grand Rapids, MN 55744 Central Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 1200 Warner Road St. Paul, MN 55106 Southern Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 261 Hwy. 15 South New Ulm, MN 56073 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, ATTN: 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: Existing Conditions Map (no wetlands on site)