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Home My WebLink AboutW18-31 NODBWSR 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 Jeff Gossen Project Name 4260 6th Ave N Date of Application 9/27/18 Application Number W18-33 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): Ben Carlson (BWSR) attended field verification and agreed with the revised boundary. No other TEP comments received. 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 10/19/18 Approved Approved with conditions (include below) Denied LGU Findings and Conclusions (attach additional sheets as necessary): Fred Puzak has applied for wetland boundary & type confirmation for the wetlands located at 1340 Baldur Park Road, and adjacent unassigned parcels in the City of Orono, Hennepin County, Minnesota. Legal description: Section 8, Township 117N, Range 23W, PIDs 0811723310006-0811723310018. The boundary/type approval was requested on September 24, 2018. A wetland delineation was conducted by Jacobson Environmental on September 21, 2018. A complete delineation report and WCA application were submitted to MCWD on September 24, 2018. One wetland was delineated on site. Wetland 1 was identified as a Type 3, shallow marsh wetland. MCWD and BWSR reviewed the boundaries in the field on October 5, 2018. The boundaries of the wetland were adjusted as shown in the attached revised delineation figure to encompass areas meeting hydric soils criteria and with high obligate sedge frequency. The area upgradient from the cattails is currently mowed, and therefore is a disturbed vegetative circumstance. It is anticipated that during spring conditions, when ground water is approximately at the ordinary high water elevation of the lake, saturated soils would be found within 12 inches of the surface up to the 930.4 contour, furhter 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 Elizabeth Showalter Title Permitting Technician Signature Date 10/19/18 Phone Number and E-mail (952) 641-4518 eshowalter@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: evidenced by the high freqiuency of the sedges. Flags were moved up to ten feet further from the proposed wetland boundary. MCWD approves the wetland boundaries and types as shown in the attached revised boundary and type figure from the original submittal. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. BWSR Forms 7-1-10 Page 3 of 3 Appeal of an LGU staff decision. Send petition and $100 fee 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 4. LIST OF ADDRESSEES SWCD TEP member: Stacey Lijewski-stacey.lijewski@co.hennepin.mn.us BWSR TEP member: Ben Carlson-ben.carlson@state.mn.us LGU TEP member (if different than LGU Contact): DNR TEP Becky Horton-becky.horton@state.mn.us DNR Regional Office (if different than DNR TEP member): Jason Spiegel Jason.spiegel@state.mn.us WD or WMO (if applicable): Applicant (notice only) and Landowner (if different): Fred Puzak-f.puzak@comcast.net Members of the public who requested notice (notice only): Melanie Curtis- mcurtis@ci.orono.mn.us, Wayne Jacobson-jacobsonenv@msn.com Corps of Engineers Project Manager (notice only): Justin Berndt- Justin.T.Berndt@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: Approved wetland boundaries \E#of-.,' I ,f;oog 5N @ $c(b E &,o-ccdl =g F c.fr3 .tJ+d,+ *;,f6 3oJTr5(o ct,fD ir ;:,iil,'.:' /,; liua-oE -gctroor! 't . 1!':,, : t. ' t: t. "J."j