HomeMy WebLinkAboutMN wetland conserv act notice of decision-2013 Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit(LGU) Address
Minnehaha Creek Watershed District 15320 Minnetonka Blvd
Minnetonka,MN 55391
1. PROJECT INFORMATION
Applicant Name Project Name Date of Application
Willie Abbott 2350 Watertown Road Application Number
5/28/2013 W13-17
®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):
2.LOCAL GOVERNMENT UNIT DECISION
Date of Decision: 7/24/2013
®Approved ❑Approved with conditions(include below) ❑Denied
LGU Findings and Conclusions(attach additional sheets as necessary):
A wetland delineation was conducted at 2350 Watertown Road in the City of Orono by Jacobson
Environmental on May 27,2013.The boundary&type of the delineated wetland boundary was reviewed
in the field on July 22,2013 by Wenck Associates staff on behalf of the Minnehaha Creek Watershed
District(MCWD).
Two wetlands were identified on the property. Wetland 1 was identified in the delineation report as a
Type 3 shallow marsh. Wetland 2 was located along a narrow stream channel flowing through a wooded
portion of the property and was classified as a riverine wetland.Wenck staff confirmed that the wetland
boundaries were delineated accurately and that the wetland types were identified correctly for both
wetlands.
MCWD approves the wetland boundary&type as delineated in the field and documented delineation
report dated May 27,2013. This decision is valid for five years. A project on this property may require a
permit from the MCWD.
BWSR Forms 7-1-10 Page 1 of 3
I �
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.
O 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 Title
Steve Christopher Regulatory Program Manager
Signature Date Phone Number and E-mail
7/26/2013 (952)641-4506
schristopher®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:
® Appeal of an LGU staff decision. Send 0 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
15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources
Minnetonka,MN 55391 520 Lafayette Road North
BWSR Forms 7-1-10 Page 2 of 3
St. Paul,MN 55155
4.LIST OF ADDRESSEES
►Ii SWCD TEP member: Stacey Lijewski—Stacey.lijewski@co.hennepin.mn.us
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—
Melissa.doperalski@state.mn.us
❑ WD or WMO(if applicable):
® Applicant(notice only)and Landowner(if different):williabbott@gmail.com
El Members of the public who requested notice(notice only):
Consultant:Wayne Jacobson-jacobsonenv@msn.com
City of Orono(Christine Mattson):emattson@ci.orono.mn.us
® Corps of Engineers Project Manager(notice only):Melissa Jenny—
Melissa.mjenny@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: 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 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 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:
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0
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BWSR Forms 7-1-10 Page 3 of 3