HomeMy WebLinkAboutLA19-84 ExE MCWD Summary
August 14th, 2018
Jeremy Barnhart
City of Orono Community Development Director
2750 Kelley Parkway
Orono, MN 55356
RE: Baldur Park Sketch Plan- 4 lots Northwest of 1376 Baldur Park, Orono
Mr. Barnhart,
The Minnehaha Creek Watershed District (District) was requested to review a sketch plan for a possible
new platted lot on Baler Park. From a preliminary review, the proposed development of a new lot would
consolidate four existing parcels into one and would trigger the District’s Erosion Control, Floodplain
Alteration, and Wetland Protection rules. The Stormwater Management rule would be applicable if
anything other than one single family home is proposed.
Floodplain Alteration
The District’s Floodplain Alteration rule is applicable for any project that proposed land disturbance
below the 100-year floodplain elevation. The 100-year floodplain for Lake Minnetonka is 931.5’ and the
Ordinary High Water Level (OHWL) is 929.4’. Existing conditions indicate that a large portion of the site
is below the 100-year floodplain. Per the District’s rule, and fill brought in below the 100-year floodplain
will have to compensated for at a 1:1 ratio between 931.5’ and 929.4’ (ie, 10 cubic yards of fill require
10 cubic yards of compensatory storage. Compensatory storage must be created between the 100-year
floodplain and the OHWL).
All low openings will need two feet of freeboard above the 100-year floodplain elevation which would
be a minimum of 933.5’. Floodplain alteration that results in greater than 50 cubic yard of fill will be
required to submit an as-built survey upon project completion.
Wetland Protection
The District’s Wetland Protection rule is applicable for any project that proposes an impact to a wetland
and the Buffer provisions of the rule are applicable to new single family homes that propose an increase
in impervious surface. Based on District’s Function Assessment of Wetlands (FAW), there is a Preserve
Management Class wetland present on the southwestern portion of the peninsula. Per section 6(f) of
the rule, new principal residential structures are required to apply a 25’ wetland buffer upgradient from
the edge of the delineated wetland. Per section 6(c), the buffer can be averaged down to 50% (12.5’)
and out to 200% (50’) as long as the minimum buffer width is maintained at all points and there is no
loss in total buffer area provided. Wetland buffer areas that are proposed to be disturbed by grading or
other site activities will be required to submit a monitoring and maintenance plan in accordance with
sections 7 and 10 of the rule along with a financial assurance of no less than $5,000.
To determine the extent of the wetland, a wetland delineation will be required to confirm the Boundary
and Type. MCWD is the Local Unit of Government (LUG) responsible for implementing the Wetland
Conservation Act (WCA) in the City of Orono. Any wetland fringe below the OHW (929.4’) is Public
Waters Wetland and would be regulated by the DNR (only applicable if impacts are proposed).
Erosion Control
The District’s Erosion Control rule is applicable to any project that proposes 5,000 square of land
disturbance or 50 cubic yards of excavation/fill. A standard erosion control plan will be required. Please
reference the District’s Erosion Control Checklist found at
http://www.minnehahacreek.org/permits/permit-information-and-applications for required exhibits.
Administrative Items and Timeline
The District’s Floodplain Alteration and Wetland Protection rules are considered to be non-fast track
permits and require a 14 day public notice to residents within 600’ of the property. The WCA requires a
15 business day Notice of Application period before a Notice of Decision can be issued. Additionally, the
wetland buffers and buffer monumentation will be required to be declared against the property in the
form of a maintenance declaration between the District and the property owner.
As the proposed concept sketch will result in a significant portion of floodplain disturbance. District
Staff recommend that the property owner, or a representative on their behalf, contact the District for a
pre-application meeting early on in the planning phase.
Please contact me at 952-641-4504 or hquinn@minnehahacreek.org if you have any questions or
concerns.
Respectfully,
Heidi Quinn
Permitting Technician
Enclosure: Site Sketch
24,396.88 sf3,202.202 sf