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HomeMy WebLinkAboutMN wetland conservation act notice of decision- RECEIVED Minnesota Wetland Conservation Act AUG 2 4 2012 Notice of Decision CITY OF ORONO Local Government Unit(LGU) Address Minnehaha Creek Watershed District 18202 Minnetonka Blvd Deephaven,MN 55391 1.PROJECT INFORMATION Applicant Name Project Name Date of Application David Harmann Harmann Property Application Number 5/21/12 W12-09 (completed 7/9/12) 1 Attach site locator map. Type of Decision: Wetland Boundary or Type 0 No-Loss 0 Exemption 0 Sequencing 0 Replacement Plan 0 Banking Plan Technical Evaluation Panel Findings and Recommendation(if any): 0 Approve 0 Approve with conditions ❑Deny Summary(or attach): 2.LOCAL GOVERNMENT UNIT DECISION Date of Decision: 8/8/14 IE Approved 0 Approved with conditions(include below) 0 Denied LGU Findings and Condlusions(attach additional sheets as necessary): A wetland delineation at 505 Old Crystal Bay Road South in Orono(PID#0411723310003)was performed by Graham Environmental Services,Inc.on April 11,2012. The boundary was reviewed in the field on August 1,2012 by Minnehaha Creek Watershed District(MCWD)staff. One wetland was identified on the property. The wetland was classified as a Type 1 Floodplain Forest in the report. During the field review,the area of the wetland at the northwest corner of the property was observed to be dominated by cattails and is more appropriately classified as a Type 3 Shallow Marsh, If wetland impacts are proposed,further analysis will be needed to distinguish the boundary between the Type 1 and Type 3 areas of the wetland. The,boundary as flagged in the field and described in the delineation report dated April 27,2012 and received on May 21,20112(with the exception that the cattail area at the northwest corner of the property shall be classified as a Type 3 Shallow Marsh)is approved by the MCWD. This decision is valid for five years. A project on this property may require a permit from the MCWD. For Replacement Plans using credits from the State Wetland Bank: BWSR Forms 7-1-10 Page 1 of 3 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(Lµst 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 Withdra*al: 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 additidnal details on the decision exist,they have been provided to the landowner and are available from the LG>7 upon request. Name Title Catherine Bach District Technician Signature a j Date Phone Number and E-mail i!l j A` / 8/8/12 (952)641-4504 ,// / cbach@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 befbre commencing work in or near wetlands. Applicants proceed at the'k own risk if work authorized by this decision is started before the time period for appeal(30 days)has a*pired.If this decision is reversed or revised under appeal,the applicant may be responsible for restoring oh 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 84120.0905, 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: ® Appeal of an LGU staff decision. Send ❑Appeal of LGU governing body decision. Send petition and$0 fee(if applicable)to: petition and$500 filing fee to: Minnehaha Creek Watershed District Executive Director 18202 Minnetonka Blvd Minnesota Board of Water and Soil Resources Deephaven,MN 55391 520 Lafayette Road North St.Paul,MN 55155 BWSR Forms 7-1-10 Page 2 of 3 4.LIST OF ADDRESSEES • SWCD TEP member: Stacey Lijewski—Stacey.lijewski®co.hennepin.mn.us 4 BWSR TEP member: Lynda Peterson—Lynda.peterson@state.mn.us ❑ LGU TEP member(if different than LGU Contact): ❑ DNR TEP member: DNR Regional Office(if different than DNR TEP member):Melissa Doperalski— Mclissa.doperaiski@state.mn.us ❑ WD or WMO(if applicable): • Applicant(notice only)and Landowner(if different):David Harmann—dvharmann@gmail.com ❑ Members of the public who requested notice(notice only): City: Christine Mattison—cmattson@ci.orono.mn.us Corps of Engineers Project Manager(notice only):Melissa Jenny— Melissa.mjenny@usace. rmy.mil ❑ BWSR Wetland Bank ICoordinator(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: NE Region: Central Region: Southern Region: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Div.Ecol.Resources I Div.Ecol.Resources Div.Ecol.Resources Div.Ecol.Resources 2115 Birchmont Beach Rd. 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids,MN 55744 St.Paul,MN 55106 New Ulm,MN 56073 Bemidji,MN 56601 For a map of DNR Admin strative 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 D strict,ATTN:OP-R 180 Fifth St.East, Suite 700 St.Paul,MN 55101-1678 >For Wetland Bank Plan apilications,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 locat{br map,list any other attachments: 0 0 BWSR Forms 7-1-10 Page 3 of 3 11' h, w d� 6 dy Orono a �y `�9T e Blvd W Pr Wayzata Blvd W 1z Ya tea ' m0 Js 6 Long Lake W J �n m g z Wayzata 9Nd Ln 0 i Grand Ave Approximate a o Baysi Site Watertown Rd z 12 Location 00 Stubbs Bay Y 1 (2) J Q aa4c,e Rd o + O O146 15 1 Q1 44 s4 Fox St Fox St1� Wayzata eir ""tve Rd W W Branch Jib, 0 135 B 151 A Z 75' Saga Hill � 19 Si 51 N sh_ Ad 4, DI P Crystal Bay 51 Lake Minnetonka Copyright G and(P)1988-2006 Microsoft Corpgration and,or its suppliers All rights reserved A N Not to Scale Figure 1. Site Location Map -A %.G E David Harmann Site ;��! Orono, Minnesota sSi GES Project No. 2012.005 Graham Environmental Services, Inc.