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Home My WebLink AboutMN Wetland Conservation Act Notice of Application-2015 Minnesota Wetland Conservation Act Notice of Application Local Government Unit(LGU) Address Minnehaha Creek Watershed District 15320 Minnetonka Blvd Minnetonka,MN 55345 1.PROJECT INFORMATION Applicant Name Project Name Date of Application Amir&Ashley Mehbod 2625 North Shore Drive Application Number 9/3/15 W15-55 (Incomplete) 9/25/15 (Complete) T e of A lication check all that a 1 ): �Wetland Boundary or Type ❑No-Loss ❑Exemption ❑ Sequencing ❑ Replacement Plan ❑Banking Plan S and descri tion of ro osed ro'ect(attach additional sheets as necess Amir&Ashley Mehbod have applied for wetland boundary&type confirmation for the wetlands located at 2625 North Shore Drive in the City of Orono, Hennepin County, Minnesota (PID 0911723420003). Legal description: Section 9, Township 117N, Range 23W. A wetland delineation was conducted by Anderson Engineering of MN on August 27, 2015. A complete delineation report and WCA application were submitted to MCWD on September 25, 2015. One wetland was delineated on the north side of the property and identified as a Type 1/3, floodplain forest/shallow marsh wetland. A previous delineation was conducted on site in or before 2004. Crystal Bay, a DNR Public Water, is located on the south side of the property. The boundaries will be reviewed in the field by MCWD staff. 2.APPLICATION REVIEW AND DECISION Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255,Subp.3 provides notice that an application was made to the LGU under the Wetland Conservation Act as specified above. A copy of the applicarion is attached. Comments can be submitted to: Name and Title of LGU Contact Person Comments must be received by (minimum 15 Beth Brown business-day comment period): Permitting Technician 10/30/2015(4:30P1� Address(if different than LGin Date,time,and location of decision: 15320 Minnetonka Blvd A decision wil16e made following the review Minnetonka,MN 55345 of the application and completion of the comment eriod. Phone Number and E-mail Address Decision-maker for this application: (952)641-4504 � Staff ebrown minnehahacreek.or ❑Governin Board or Council BWSR Forms 7-1-10 Page 1 of 3 1� (t �'�:1.�' �,.M.7 Signature: - � Date: 10/9/15 3.LIST OF ADDRESSEES � SWCD TEP member: Stacey Lijewski—stacey.lijewski@hennepin.us � BWSR TEP inember: Ben Meyer—ben.meyer@state.mn.us ❑ LGU TEP member(if different than LGU Contact): � DNR TEP meinber: Kate Drewry—kate.drewry@state.mn.us � DNR Regional Office(if different than DNR TEP member): Leslie Parris- leslie.parris@state.mn.us ❑ WD or WMO(if applicable): � Applicant(notice only) and Landowner(if different): Amir&Ashley Mehbod— ashley@pixiedustinc.com � Members of the public who requested notice(notice only): Tom O'Connor&Kareem Reda (Anderson Reda)—tim@andersonreda.com,Ben Hodapp(Anderson Engineering)—bhodapp@ae- mn.com,Kristina Justen(Anderson Engineering)—kjusten@ae-mn.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 lan a lications only) 4. MAILING INFORMATION ➢For a list of BWSR TEP representatives: www.bwsr.state.mn.us/contact/WCA_areas.pdf ➢For a list of DNR TEP representatives: ��•��.b��sr.state.mn.us/wetlands/wca/DNR TEP contacts.�df ➢De artment of Natural Resources Re ional Offices: NW Region: NE Region: Central Reeion: Southern Region: Reg. Env.Assess. Ecol. Reg. Env.Assess.Ecol. Reg. Env. Assess. Ecol. Reg. Env.Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources 2115 Birchmont Beach Rd.NE 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South Bemid'i,MN 56601 Grand Ra ids,MN 55744 St. Paul,MN 55106 New Ulm,MN 56073 For a map of DNR Adininistrative Regions, see: http://tiles.dm•.state.mn.us/aboutdnr/dm- re ions.pdf ➢For a list of Corps of Projeet Managers: �i��°.m�p.usace.a�7ny.mil/regulato�y/default.as��7pa�eid=6R7 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 5. ATTACHMENTS In addition to the a lication, list an other attaclnnents: BWSR Forms 7-1-10 Page 2 of 3 Complete delineation report ❑ ❑ BWSR Forms 7-1-10 Page 3 of 3 Joint Application Form for Activities Affecting Water Resources in Minnesota This joint application form is the accepted means for initiating review of proposals that may affect a water resource(wetland, tributary,lake,etc.)in the State of Minnesota under state and federal regulatory programs.Applicants for Minnesota Department of Natural Resources(DNR)Public Waters permits MUST use the MPARS online permitting system for submitting applications to the DNR. Applicants can use the information entered into MPARS to substitute for completing parts of this joint application form (see the paragraph on MPARS at the end of the joint application form instructions for additional information).This form is only applicable to the water resource aspects of proposed projects under state and federal regulatory programs;other local applications and approvals may be required. Depending on the nature of the project and the location and type of water resources impacted,multiple authorizations may be required as different regulatory programs have different types ofjurisdiction over different types of resources. Regulatory Review Structure Federal The St. Paul District of the U.S.Army Corps of Engineers(Corps)is the federal agency that regulates discharges of dredged or fill material into waters of the United States(wetlands,tributaries,lakes,etc.)under Section 404 of the Clean Water Act(CWA)and regulates work in navigable waters under Section 10 of the Rivers and Harbors Act. Applications are assigned to Corps project managers who are responsible for implementing the Corps regulatory program within a particular geographic area. State There are three state regulatory programs that regulate activities affecting water resources. The Wetland Conservation Act (WCA)regulates most activities affecting wetlands. It is administered by local government units(LGUs)which can be counties, townships,cities,watershed districts,watershed management organizations or state agencies(on state-owned land).The Minnesota DNR Division of Ecological and Water Resources issues permits for work in specially-designated public waters via the Public Waters Work Permit Program(DNR Public Waters Permits). The Minnesota Pollution Control Agency(MPCA)under Section 401 of the Clean Water Act certifies that discharges of dredged or fill material authorized by a federal permit or license comply with state water quality standards.One or more of these regulatory programs may be applicable to any one project. Required Information Prior to submitting an application,applicants are stronslv encouraxed to seek input from the Corps Project Manager and LGU staff to identify regulatory issues and required application materials for their proposed project. Project proponents can request a pre- application consultation with the Corps and LGU to discuss their proposed project by providing the information required in Sections 1 through 5 of this joint application form to facilitate a meaningful discussion about their project. Many LGUs provide a venue(such as regularly scheduled technical evaluation panel meetings)for potential applicants to discuss their projects with multiple agencies prior to submitting an application.Contact information is provided below. The following bullets outline the information generally required for several common types of determinations/authorizations. • For delineation approvals and/or jurisdictional determinations,submit Parts 1,2 and 5,and Attachment A. • For activities involving CWA/WCA exemptions,WCA no-loss determinations,and activities not requiring mitigation, submit Parts 1 through 5,and Attachment B. • For activities requiring compensatory mitigation/replacement plan,submit Parts 1 thru 5,and Attachments C and D. • For local road authority activities that qualify for the state's local road wetland replacement program,submit Parts 1 through 5,and Attachments C, D(if applicable),and E to both the Corps and the LGU. Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 5 Submission Instructions Send the completed joint application form and all required attachments to: U.S Army Corps of Engineers.Applications may be sent directly to the appropriate Corps Office. For a current listing of areas of responsibilities and contact information,visit the St. Paul District's website at: http://www.mvp.usace.army.mil/Missions/Re�ulatory.aspx and SeleCt"Minnesota"from the contact Information box. Alternatively,applications may be sent directly to the St. Paul District Headquarters and the Corps will forward them to the appropriate field office. Section 401 Water Quality Certification:Applicants do not need to submit the joint application form to the MPCA unless specifically requested. The MPCA will request a copy of the completed joint application form directly from an applicant when they determine an individual 401 water quality certification is required for a proposed project. Wetland Conservation Act Local Government Unit: Send to the appropriate Local Government Unit. If necessary,contact your county Soil and Water Conservation District(SWCD)office or visit tne Board of Water and Soil Resources(BWSR)web site (www.bwsr.state.mn.us)to determine the appropriate LGU. DNR Public Waters Permitting: In 2014 the DNR will begin using the Minnesota DNR Permitting and Reporting System(MPARS)for submission of Public Waters permit applications(https://webappsll.dnr.state.mn.us/mpars/public/authentication/lo�in). Applicants for Public Waters permits MUST use the MPARS online permitting system for submitting applications to the DNR. To avoid duplication and to streamline the application process among the various resource agencies,applicants can use the information entered into MPARS to substitute for completing parts of this joint application form. The MPARS print/save function will provide the applicant with a copy of the Public Waters permit application which,at a minimum,will satisfy Parts one and two of this joint application. For certain types of activities,the MPARS application may also provide all of the necessary information required under Parts three and four of the joint application. However, it is the responsibility of the Applicant to make sure that the joint application contains all of the required information,including identification of all aquatic resources impacted by the project(see Part four of the joint application). After confirming that the MPARS application contains all of the required information in Parts one and two the Applicant may attach a copy to the joint application and fill in any missing information in the remainder of the joint application. Minnesota Interagency Water Resource Application Form February 2014 Page Z of 5 Project Name and/or Number: 14114 Anderson Reda-2625 North Shore Drive,Orono PART ONE: Applicant Information If applicant is an entity(company,government entity, partnership,etc.),an authorized contact person must be identified. If the applicant is using an agent(consultant, lawyer,or other third party)and has authorized them to act on their behalf,the agent's contact information must also be provided. Applicant/Landowner Name: Amir&Ashley Mehbod Mailing Address: 2625 North Shore Drive,Orono, MN 55391 Phone: 612-306-3737 E-mail Address: ashley@pixiedustinc.com Authorized Contact(do not complete if same as above): Tim 0'Connor&Kareem Reda-Anderson Reda Mailing Address: 4920 Lincoln Drive, Edina, MN 55436 Phone: 612-325-8859 E-mail Address: tim@andersonreda.com Agent Name: Ben Hodapp,Anderson Engineering of MN, LLC Mailing Address: 13605 1S`Ave N, Plymouth, MN 55441 Phone: (763)412-4005 E-mail Address: bhodapp@ae-mn.com PART TWO: Site Location Information County: Hennepin City/Township: Orono Parcel ID and/or Address: 2625 North Shore Drive,Orono,MN Legal Description(Section,Township,Range): 509 T117N,R23W lat/Long(decimal degrees): 44.954019/-93.589095 Attach a map showing the location of the site in relation to local streets,roads,highways.See attached report Approximate size of site(acres)or if a linear project,length(feet): Approximately.6 acres If you know that your proposal will require an individual Permit from the U.S.Army Corps of Engineers,you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.armv.mil/Portals/57/docs/re�ulatory/RegulatoryDocs/en�form 4345 2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval,exemption determination,jurisdictional determination,or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed,the project purpose and need,and schedule for implementation and completion.The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources(wetland, lake,tributary,etc.)and must also include plans and cross section or profile drawings showing the location,character, and dimensions of all proposed activities and aquatic resource impacts. See attached delineation report. Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 5 Project Name and/o�Number: 14114 Anderson Reda-2625 North Shore Drive,Orono PART FOUR: Aquatic Resource Impacti Summary If your proposed project involves a direct or indirect impact to an aquatic resource(wedand, lake,tributary,etc.) idenMy each Impact in the table befow. Include all anticipated impacts,including those expected to be temporary.Attach an ovefiead view map, aerial photo,and/or drawing showing all of the aquatic resources in the project area and the location(s)of the proposed impacts.Label each aquatk resource on the map with a reference number or letter and identify the impacts in the following table. Aquatic ��Impad Duntion of E�dsting Plant County,MaJor Aqustic Resource Resouroe (flll,excavate, Impact Overall Size of Wate�ed#, ID(as noted on � drain,or Permanent(P� Sir.e of lmpact= Aqustk COmm�� aed Bsnk overhead view) �Wetland,lake, remove or Temporary Resource' Type(s)in, ��# t�ibutary etc.) 1 Im act Area vegetation) (T) p of Impact Area 11f impacts are temporary;enter the duration of the impacts in days next to the"T'". For example,a project with a temporary access flll that would l�removed sher 220 days waald be entered'T(2201". �Impacts less than 0.01 acre should be reported in square fee� Impacts OA1 acre or greater ahouid be reporbed as ecres and rounded to the nearest 0.01 acre. TMbutary Im�must be reported in Nr�ear feet of impact and an area of impect by indkating flrat the Iinear feet of impact along the flowvline of the stream foAaived by the area Impsct in parentheses�. For example,a project that impacts 50 feet of a stresm that is 6 feet wide would be reported as 50 ft(300 square feet). aThfs is generally only applicable if you are applytng for a de minimis exemptfon uraler MN Rules 8420.0420 Subp.8,otherwise eMer"IV/A". 4llse WeNand Plants and Plant Community Types of MMnesota and Wfsconsin 3nd Ed.as modifled In MN Rules 84Z0.0405 Subp.2. sRefer to Major Watershed and Bank Servioe Area maps in MN Rul�8420.0522 Subp.7. If any of the above identified impacts have aiready occurred,identify which impacts they are and the circumstances assodated with each: PART FIVE: Applicant S�gnature ❑ Check here if you are requesting a are-acolication consultatbn with the Corps and LGU based on the information yau have provided. Regulatory entRies will not initfate a formal application review if this box is checked. ey signature below,I attest that the information in this appiication is complete and accurate. 1 further attest that I possess the autho�ity#o dertake the e bed herein. Signature: Date: ` � !�� . 1 hereby a aize An� ngtneering of MN,LLC to act on my behaff as my agent in the processing of this application and to fumish,upon request,supplemental information in support of this application. 1 The term"impact"�used tn this Joint applicallon form�a geneNc term usad for discl�ure purposes�identlfy acdvttles that may�equlre approval from one or more regulstory s�encies. For purposes of this form tt is not meant to Mdicate whether or not those activitles may require midgation/repla�me�t. Minnesota Interagency Water Resource Appiication Form February 2014 Page 4 of 5 Project Name and/or Number: 14114 Anderson Reda-2625 North Shore Drive,Orono Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report, I am requesting that the U.S.Army Corps of Engineers,St. Paul District (Corps)and/or the Wetland Conservation Act Local Government Unit(LGU) provide me with the following(check all that apply): �Wetland Type Confirmation � Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are generally valid for five years unless site conditions change. Under this request alone,the Corps will not address the jurisdictional status of the aquatic resources on the property,only the boundaries of the resources within the review area (including wetlands,tributaries, lakes,etc.). ❑ Preliminary Jurisdictional Determination.A preliminary jurisdictional determination(PJD) is a non-binding written indication from the Corps that waters, including wetlands, identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements,a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. ❑Approved Jurisdictional Determination.An approved jurisdictional determination(AJD) is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property.AJDs can generally be relied upon by the affected party for five years.An AJD may be appealed through the Corps administrative appeal process. In order for the Corps and LGU to process your request,the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual,any approved Regional Supplements to the 1987 Manual,and the Guidelines for Submitting Wetland Delineations in Minnesota(2013). http://www.mvp.usace.army.mil/Missions/Re�ulatory/DelineationJDGuidance.aspx Minnesota Interagency Water Resource Application Form February 2014 Page 5 of 5