HomeMy WebLinkAboutMN wetland conserv. act notice of decision-2015 Minnesota Wetland Conservation Act
Notice of Decision
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
Jon Norris 460 Orchard Park Rd Application Number
11/6/15 W15-76
® 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: 11/1 9/15
® Approved ❑ Approved with conditions(include below) ❑ Denied
LGU Findings and Conclusions(attach additional sheets as necessary):
Jon Norris applied for an exemption determination for a project proposing to impact a wetland
at 460 Orchard Park Road in the City of Orono, Hennepin County, Minnesota(PID
3211823230009). Legal description: Section 32, Township 118N, Range 23W.
A wetland boundary&type Notice of Decision for the wetlands on the property was issued
on 10/5/15. The applicant proposes to permanently fill 930 square feet of the Type 2, fresh
(wet) meadow component of Wetland A. The applicant proposes that this impact, covering
fewer than 1,000 square feet of a Type 2 wetland in a non-shoreland zone of Hennepin
County, meets the De Minimis exemption of WCA based on the criteria laid out in
8420.0420. Subp. 8. (3)(b).
Based on the information provided,MCWD approves the submitted De Minimis Exemption
application submitted. Current and future projects located on this property may require a permit from
the MCWD.
BWSR Forms 7-1-10 Page 1
of 3
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 fmancial 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.
❑ 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
Beth Brown Permitting Technician
Signature Date Phone Number and E-mail
OA t 11/19/15 (952)641-4504
ebrown@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 ❑ Appeal of LGU governing body decision.
petition and$0 fee(if applicable)to: Send petition and$500 filing fee to:
Minnehaha Creek Watershed District Executive Director
15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources
Minnetonka,MN 55345 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@hennepin.us
® BWSR TEP member: Ben Meyer—ben.meyer@state.mn.us
❑ LGU TEP member(if different than LGU Contact):
❑ DNR TEP member:
® 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): Jon Norris—jon@oxbowhardwoods.com,
callymorr@aol.com
® Members of the public who requested notice(notice only): Mark Gronberg(Gronberg&
Associates)—markg@gronbergassoc.com,Kelly Bopray(Bopray Environmental Services)—
kjbopray@yahoo.com,Christine Mattson(City of Orono)—cmattson@ci.orono.mn.us
® Corps of Engineers Project Manager(notice only): Melissa Jenny—
melissa.m.j enny@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. Reg.Env.Assess.Ecol.
Div.Ecol.Resources Div. Ecol.Resources Ecol. Div.Ecol.Resources
2115 Birchmont Beach Rd. 1201 E.Hwy.2 Div.Ecol.Resources 261 Hwy. 15 South
NE Grand Rapids,MN 1200 Warner Road New Ulm,MN 56073
Bemidji,MN 56601 55744 St.Paul,MN 55106
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:
® Complete application
® W15-46 approved wetland boundaries
BWSR Forms 7-1-10 Page 3
of 3
Project Name and/or Number:
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: Jon Norris
Mailing Address: 2080 Webber Hill Road,Orono,MN 55391
Phone: 612-963-3953
E-mail Address: jon@oxbowhardwoods.com callymorr@aol.com
Authorized Contact(do not complete if same as above): Mark Gronberg,Gronberg&Assoc
Mailing Address: 445 North Willow Dr.,Long Lake,MN 55356
Phone: 952-473-4141
E-mail Address: markg@gronbergassoc.com
Agent Name: Bopray Environmental Services LLC, Kelly Bopray
Mailing Address: N7831 920th Street,River Falls,WI 54022
Phone: 715-307-4577
E-mail Address: kjbopray@yahoo.com
PART TWO: Site Location Information
County: Hennepin City/Township: Orono
Parcel ID and/or Address: 460 Orchard Park Road,Orono,MN 55391
Legal Description(Section,Township,Range): Part of the SW'/.,N/W''A,Sec.32,T118N,R23W
Lat/Long(decimal degrees):
Attach a map showing the location of the site in relation to local streets,roads,highways.
Approximate size of site(acres)or if a linear project,length(feet): 23 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.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform 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.
Lot subdivision, with one minor wetland impact that is less than the deminimus exemption allowed.
The wetland delineation was previously approved by MCWD (App.# 15-46). Corps of Engineers
concurrence project#2015-02825-MMJ.
Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 11
Project Name and/or Number:
PART FOUR: Aquatic Resource Impact' Summary
If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each
impact in the table below. Include all anticipated impacts, including those expected to be temporary. Attach an overhead view
map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the iocation(s) of the proposed
impacts. Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table.
of Impact Duration of
I Aquatic !Type
County,Major
iA uatic ResourceExisting Plant
q (fill,excavate, impact Overall Size of< Watershed#
I I Resource Type' Community '
ID(as noted on I ; drain,or Permanent(P) Size of Impact2' Aquatic and Bank
overhead view) , (wetland,lake,; j
remove ' or Tem ora Type(s)in
tributary etc.) I p �' Resource' Service Area#
Ii I Impact Area I
; vegetation) (T)'- of Impact Areas
A Tributary !
r Fill j P 930 SF 5.52 ac. Fresh meadow Hennepin/20/7
B Tributary
0.81 ac
l i CJD Isolated 0A9 ac
i E i Isolated i 0.57 ac 1
F t Isolated i i 0.02 ac 1
'if impacts are temporary;enter the duration of the impacts in days next to the"T". For example,a project with a temporary access fill that
would be removed after 220 days would be entered"T(220)".
Ztmpacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the
nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact
along the flowline of the stream followed by the area impact in parentheses). For example,a project that impacts 50 feet of a stream that is 6
feet wide would be reported as 50 ft(300 square feet).
3This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp.8,otherwise enter"N/A". ,
°Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3rd Ed.as modified in MN Rules 8420.0405 Subp.2.
'Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp.7. i
If any of the above identified impacts have already occurred,identify which impacts they are and the circumstances associated
with each:
PART FiVE: Applicant Signature
❑ Check here if you are requesting a pre-application consultation with the Corps and LGU based on the information you have
provided. Regulatory entities will not initiate a formal application review if this box is checked.
By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the
authority to undertake the work described herein.
h
l 1
1
\,,\
Signature: Date: —L., —I I1
I I hereby authorize ' .l,t _ .. , to act on my behalf as my agent in the processing of this application and to
furnish,upon request,supplemental information in support of this application.
1 The term"impact"as used in this joint application form is a generic term used for disclosure purposes to identify
activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to
indicate whether or not those activities may require mitigation/replacement.
Minnesota Interagency Water Resource Application Form February 2014
Page 4 of 11
Project Name and/or Number:
Attachment B
Supporting Information for Applications Involving Exemptions, No Loss
Determinations, and Activities Not Requiring Mitigation
Complete this part if you maintain that the identified aquatic resource impacts in Part Four do not require wetland
replacement/compensatory mitigation OR if you are seeking verification that the proposed water resource impacts are either
exempt from replacement or are not under CWA/WCA jurisdiction.
Identify the specific exemption or no-loss provision for which you believe your project or site qualifies:
8420.0420.Subp.8.(3)(b)
Provide a detailed explanation of how your project or site qualifies for the above. Be specific and provide and refer to attachments
and exhibits that support your contention.Applicants should refer to rules(e.g.WCA rules),guidance documents(e.g. BWSR
guidance,Corps guidance letters/public notices),and permit conditions(e.g.Corps General Permit conditions)to determine the
necessary information to support the application.Applicants are strongly encouraged to contact the WCA LGU and Corps Project
Manager prior to submitting an application if they are unsure of what type of information to provide:
This de minimus exemption section allows up to 1,000 SF of wetland impacts in type 1,2,or 6 wetlands outside of the
shoreland wetland protection zone and inside the 11-county metropolitan area:
The attached over site plan shows the location of where an existing field road in the northwest part of the property will
be upgraded to a driveway for a new home construction. The attached detail of the driveway crossing shows the total
wetland impact will be 930 SF. Per the attached NOD for the wetland delineation,the outer part of Wetland A is a Type
2 wetland. Hennepin County is in the 11-county metropolitan area,and the site is not in a shoreland wetland
protection zone.
Minnesota Interagency Water Resource Application Form February 2014 Page 6 of 11
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Minnesota Wetland Conservation Act
Notice of Decision
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
Jon Norris 460 Orchard Park Road Application Number
8/2/15 W15-46
(Incomplete)
8/24/15
(Complete)
® 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: 10/5/15
® Approved ❑ Approved with conditions(include below) ❑ Denied
LGU Findings and Conclusions(attach additional sheets as necessary):
Jon Norris applied for wetland boundary&type confirmation for the wetlands located at 460
Orchard Park Road in the City of Orono, Hennepin County, Minnesota(PID
3211823230009). Legal description: Section 32, Township 118N, Range 23W.
A wetland delineation was conducted by Bopray Environmental Services (BES) on May 20,
2013. A complete delineation report and WCA application were submitted to MCWD on
August 24, 2015. Five wetlands were delineated on site. Wetland A was identified as a Type
3, shallow marsh& fresh (wet) meadow; Wetland B was identified as a Type 1, fresh (wet)
meadow; Wetlands C & D were identified as a Type 1 fresh(wet)meadow; and Wetland E
was identified as a Type 1 fresh (wet)meadow. An additional swale was investigated for
wetland characteristics and classified as nonwetland.
MCWD and BWSR reviewed the boundaries in the field on 9/28/15. MCWD and BWSR determined
that a portion of the swale area that BES investigated met the criteria for hydrophytic vegetation,
wetland hydrology,and hydric soils,which BES delineated as the boundaries of Wetland F and
submitted in an updated figure on the same day.MCWD and BWSR were otherwise in agreement with
BWSR Forms 7-1-10 Page 1
of 3
the delineated wetland boundaries and determined that the wetlands on site were best classified as
follows:
Wetland A—Type 2/3, fresh(wet)meadow/shallow marsh
Wetland B—Type 2/3, fresh(wet)meadow/shallow marsh
Wetland C/D—Type 1, seasonally flooded basin
Wetland E—Type 1, seasonally flooded basin
Wetland F—Type 2, fresh(wet)meadow
MCWD approves the wetland boundaries and types as documented in this notice.This decision is
valid for five years. A future project located on this property may require a permit from the MCWD.
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.
❑ 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
Beth Brown Permitting Technician
Signature Date Phone Number and E-mail
Ejt,„14).410/5/15 (952)641-4504
ebrown@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
BWSR Forms 7-1-10 Page 2
of 3
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 ❑ Appeal of LGU governing body decision.
petition and$0 fee(if applicable)to: Send petition and$500 filing fee to:
Minnehaha Creek Watershed District Executive Director
15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources
Minnetonka,MN 55345 520 Lafayette Road North
St. Paul, MN 55155
4. LIST OF ADDRESSEES
• SWCD TEP member: Stacey Lijewski—stacey.lijewski@hennepin.us
® BWSR TEP member: Ben Meyer—ben.meyer@state.mn.us
❑ LGU TEP member(if different than LGU Contact):
❑ DNR TEP member:
• DNR Regional Office(if different than DNR TEP member): Brooke Haworth-
brooke.haworth@state.mn.us
❑ WD or WMO(if applicable):
® Applicant(notice only)and Landowner(if different): Jon Norris—jon@oxbowhardwoods.com,
callymorr@aol.com
® Members of the public who requested notice(notice only): Kelly Bopray(BES)—
kjbopray@yahoo.com,Christine Mattson(City of Orono)—cmattson@ci.orono.mn.us,Cally Norris—
callymorr@aol.com
® Corps of Engineers Project Manager(notice only): Melissa Jenny—
melissa.m.jenny@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. Reg.Env.Assess.Ecol.
Div.Ecol.Resources Div.Ecol.Resources Ecol. Div.Ecol.Resources
2115 Birchmont Beach Rd. 1201 E.Hwy.2 Div.Ecol.Resources 261 Hwy. 15 South
NE Grand Rapids,MN 1200 Warner Road New Ulm,MN 56073
Bemidji,MN 56601 55744 St.Paul,MN 55106
For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdmidnr_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
BWSR Forms 7-1-10 Page 3
of 3
520 Lafayette Road North
St. Paul,MN 55155
6.ATTACHMENTS
In addition to the site locator map, list any other attachments:
® Approved wetland boundaries
El
BWSR Forms 7-1-10 Page 4
of 3
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Figure 1 . Location Map
Lots 5,6,7,9 & 10 Orchard Park
460 Orchard Park Road
li 1opray Orono, Minnesota
Project No. 2015.040
Environmental
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Figure 3. Aerial Photo With
No Approximate Wetland Boundaries
Lots 5, 6, 7, 9 & 10 Orchard Park
• bop�ay Orono, Minnesota
li
Environmental
Project No. 2015.040