HomeMy WebLinkAboutWCA decision notice . I I � � � •
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Name and Address of Local Government Unit:
Minnehaha Creek Watershed District
18202 Minnetonka Blvd
Deephaven,MN 55391
Name of Applicant: Anthony Thomas Homes
Project Name: 2175 Kenwood Wav, Orono, Minnesota
Application Number: OS-565
Type of Application(check one): ❑ Exemption Decision
❑ No Loss Decision
❑ Replacement Plan Decision
❑ Banking Plan Decision
� Wetland TypeBoundary Decision
Date of Decision: O1/11/06
' Check One: � Approved
❑ Approved with COnditlonS (see note on page 2 regarding use of wetland banking credits)
❑ Denied
Summaiy of PTOjeCt/DeClslon(indicate exemption number per MN Rule 8420.0122,if applicable):
Svoboda EcoloQical Resources performed a wetland delinearion on behalf of Anthony Thomas Homes,of which a
revort was received at MCWD offices on December 12,2005. The delinearion report indicated some wetland
diagnostic characterisrics were bein�met in areas outside of the denicted wetland boundary and snow cover
prevented thorou�h examination bv MCWD staff of the vegetation on site. Subsequentiv a letter was sent on
December 22, 2005,indicatine that review of the wetland boundary would have to be delayed until spring 2006. An
amendment to the delineation was received on Januarv 19,2006,and an addendum to the amendment was received
on February 13,2006 showing movement of the wetland boundary further unland. The wetland boundarv as
depicted in the Februarv 13`h addendum accuratelv depicts the boundarv occurrin�on the propertv. A con oy f the
map depicting all wetlands located on the propertv submitted in the Februarv 13.2006 approved addendum is
enclosed.
List of Addressees:
Anthony Thomas Homes
Attn: Leonard David
4100 Berkshire Ln
Plymouth,MN 55446
Svoboda Ecological Resources
Attn: Dan Tix
2477 Shadywood Rd
Excelsior,MN 55331
City of Orono
Attn:Lyle Oman
2750 Kelley Parkway
PO Box 66
Crystal Bay,MN 55323
-Page 1 of 2
OS-565 WCA decision notice 021406.doc
Julie Ekman
DNR Waters
500 Lafayette Road,Box 25
St.Paul,MN 55155
Joe Yanta
Department of the Army Corp of Engineers, St.Paul District
Attn: CO-R, 190 Fifth Street East
St. Paul,MN 55101-1638
Wayne Barstad
MNDNR
Ecological Services
1200 Warner Road
St. Paul,MN 55106
Tim Brown
Minneapolis Parks&Recreation Board
2117 Vdest River Rd
Minneapolis,MN 55411
Hennepin Conservation District
Attn: Stacey Lijewski
1313 5�'St SE
Suite 306
Minneapolis, MN 55414
Board of Water&Soil Resources
Attn:Brad Wozney
520 Lafayette Road North
Saint Paul,MN 55155
You are hereby notified that the decision of the Local Government Unit on the above-referenced �
application was made on the date stated above. A copy of the Local Government Unit's Findings and
Conclusions is attached. Pursuant to Minn.R. 8420.0250 any appeal of the decision must be commenced
by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty(30)
calendar days of the date of the mailing of this Notice.
NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking
credits is conditional upon withdrawal of the appropriate credits from the state wetland bank. No wetland
impacts may commence until the applicant receives a copy of the fully signed and executed"Application
for Withdrawal of Wetland Credits,"signed by the BWSR wetland bank administrator certifying that the
wetland bank credits have been debited.
THIS DECISION ONLYAPPLIES 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.
OCAL GOVERNMENT LJNIT
02/14/06
ignature � Date
Jane M Byron, District Technician
Name and Title
-Page 2 of 2
OS-565 WCA decision notice 021406.doc
Julie Ekman
DNR Waters
500 Lafayette Road,Box 25
St. Paul,MN 55155
Joe Yanta
Department of the Army Corp of Engineers, St. Paul District
Attn: CO-R, 190 Fifth Street East
St.Paul,MN 55101-1638
Wayne Barstad
MNDNR
Ecological Services
1200 Warner Road
St.Paul,MN 55106
Tim Brown
Minneapolis Parks&Recreation Board
2117 West River Rd
Minneapolis,MN 55411
Hennepin Conservation District
Attn: Stacey Lijewski
1313 5`�St SE
Suite 306
Minneapolis,MN 55414
Board of Water&Soil Resources
Atm:Brad Wozney
520 Lafayette Road North
Saint Paul,MN 55155
You are hereby notified that the decision of the Local Government Unit on the above-referenced
application was made on the date stated above. A copy of the Local Government Unit's Findings and
Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced
by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty(30)
calendar days of the date of the mailing of this Notice.
NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking
credits is conditional upon withdrawal of the appropriate credits from the state wetland bank. No wetland
impacts may commence until the applicant receives a copy of the fully signed and executed"Application
for Withdrawal of Wetland Credits," signed by the BWSR wetland bank administrator certifying that the
wetland bank credits have been debited.
THIS DECISION ONLYAPPLIES 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.
LOCAL GOVERNMENT UNIT
02/14/06
Signature Date
Jane M Bvron, District Technician
Name and Title
-Page 2 of 2
OS-565 WCA decision notice 021406
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Minnehaha Creek Watershed District
18202 Minnetonka Boulevard
Deephaven,MN 55391
The undersigned certifies on Februarv 14, 2006, she mailed copies of the attached Notice
of Wetland Conservation Act Decision to the addressees listed thereon by depositing the same in
the United States Mail in the City of Wayzata, County of Hennepin and State of Minnesota,
properly enveloped with prepaid first class postage.
�/l� ^ 02/14/06
S' ature Date
District Technician
Title
Page 1 of 1
OS-565_Certificate of mailing of notice of WCA decision_021406.doc
MEMORANDUM
DATE: February 14, 2006
TO: Dan Tix, Svoboda Ecological Resources
Cc: All Authorities Receiving WCA Decision Notice
FROM: Jane M Byron, Minnehaha Creek Watershed District(MCWD)
RE: Findings and Conclusions—Wetland Boundary Decision
2175 Kenwood Way— Hennepin County PID's 17-117-24-41-0005, 17-117-23-
14-0006, 17-117-23-41-0007, and 17-117-23-41-0026
MCWD Permit Application 05-565: 2175 Kenwood Way, Orono
MCWD has completed review of the wetland delineation performed at 2175
Kenwood Way, Orono, Hennepin County, Minnesota. The site is contained within
four parcels with the following Property Identification Numbers(PID's) 17-117-24-
41-0005, 17-117-23-14-0006, 17-117-23-41-0007, and 17-117-23-41-0026.
MCWD has made its decision regarding the location of the wetland boundary
based on the following submissions and chain of events:
• December 12, 2005: MCWD receives wetland delineation report form
Svoboda Ecological Resources based on conditions at the site on
November 29, 2005.
• December 22, 2005: MCWD reviews delineation report and
determines review of the November 29th boundary will have to wait
until 2006 growing season commences based on 2 of the 3 wetland
diagnostic characteristics being met in upland areas as indicated in
report data sheets and 3`d diagnostic characteristic being obscured
by snow cover. MCWD sends letter to delineator and property owner
detailing reason for delay in review of November 29th boundary.
• Januarv 19, 2006: MCWD receives amendment to December 12tn
report based on conditions at the site on January 18, 2006.
Delineator has moved wetland boundary further upland.
• Januarv 26, 2006: MCWD field reviews January 18'h boundary and
confirms wetland boundary as staked on site on January 18'h is
accurate. MCWD sends letter to delineator and property owner
indicating delineation and Watershed District permit can not be
approved until MCWD receives a new survey/map showing the
location of the January 18th boundary.
• February 13, 2006: Property owner submits addendum to January 19
amendment consistin� of a new survey of the property showing
location of January 18 h boundary.
Based on the January 19, 2006 amendment and February 13, 2006 addendum to
the amendment, which reflect the movement of the wetland boundary further
upland, MCWD deems the wettand boundaries as amended acceptable. Please
note, that all future submittals to MCWD or other agencies for regulatory and
other purposes should reflect the new wetland boundary as shown in the survey
received at MCWD offices on February 13, 2006.
If you have any questions regarding the WCA Decision or MCWD permit
requirements please feel free to contact MCWD staff at 952-471-0590.