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HomeMy WebLinkAboutWCA decision notice . I I � � � • � � • � I � • . � 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 - • - • • - . • � � � � • � � - . � • � . • � � - • 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.