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Home My WebLink AboutMN Wetland Conserv. Act Notice of Decision 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 James Murphy 30 and 20 Orono Orchard Road Application Number City of Orono 10/15/2013 W13-45 ®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: 11/18/2013 ®Approved ❑Approved with conditions(include below) ❑Denied LGU Findings and Conclusions(attach additional sheets as necessary): A wetland delineation was conducted by Svoboda Ecological Resources(SER)at the parcels located at 30 and 20 Orono Orchard Road in the City of Orono on October 8,2013. One wetland was identified and delineated on the investigated parcels as a PUBG basin comprised primarily of reed canary grass and narrow leaf cattail. An additional potential wetland area was investigated but a wetland boundary was not delineated during SER's initial site visit. The boundaries&types of the delineated wetlands were reviewed in the field on October 25,2013 by Wenck Associates staff on behalf of the Minnehaha Creek Watershed District(MCWD). The delineated boundary of the wetland located in the northwestern portion of the site was confirmed to be accurate during the site visit.The southern extension of the wetland adjacent to SpD1Up appeared to be a created ditch. Wenck staff investigated the potential wetland area in the vicinity of Spl-2,which was identified as being in a wetland according to the data form.However,since no wetland boundary was delineated in this area, Wenck requested an additional site visit with SER to provide clarification in this area and to confirm the regulatory status of the ditch located on the western edge of the parcel. BWSR Forms 7-1-10 Page 1 of 3 A follow up site visit was conducted with SER staff on October 28,2013. It was determined that the potential wetland area in the vicinity of SP 1-2 was incorrectly determined to be wetland on the field data form,as further investigation indicated that the area within the property boundary did not exhibit indicators of wetland hydrology.It was also confirmed that the ditch on the western property boundary was excavated in upland and is not under the scope of WCA. The site visit is summarized in the attached Memo from SER dated 10/30/2013. MCWD approves the wetland boundary&type as delineated in the field and documented in the delineation report dated October 15,2013 and the Memo dated October 30,2013.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: 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 teplacement 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. (List amount and type in LGU Findings). ❑ Deed Recordi g• For project-specific replacement, evidence must be provided to the LGU that the BWSR "Decltion 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. ElCredit With rawal: For replacement consisting of wetland bank credits, confirmation that BWSR has with yawn 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 Sign ture: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp.5 provides noticethat a decision was made by the LGU under the Wetland Conservation Act as specified above. If ad itional details on the decision exist,they have been provided to the landowner and are available from the GU upon request. Name Title Brandon Wisner Compliance Officer Date Phone Number and E-mail ..4.....,--r—...--_ (952)641-4505 th3��7u bwisner@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. BWSR Forms 7-1-10 Page2of3 Applicants proceed at ;heir own risk if work authorized by this decision is started before the time period for appeal(30 days)h s 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: t ® 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 Bl d Minnesota Board of Water and Soil Resources Minnetonka,MN 55391 520 Lafayette Road North St.Paul,MN 55155 4.LIST OF ADDRESSEES ® 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 O (if different than DNR TEP member):Melissa Doperalski— ffi Melissa.doperalski@s ate.mn.us ❑ WD or WMO(if a licable): rApplicant(notice o ly)and Landowner(if different):jmurphy@goldengate.net ® Members.of the pu lic who requested notice(notice only): Consultant:Svoboda cological Resources(Erica Britcher)—ericab@gpsinnovations.com City of Orono(Christine Mattson): cmattson@ci.orono.mn.us ►ZI Corps of Engineers Project Manager(notice only):Melissa Jenny— Melissa.m.jenny@usace.army.mil ❑ BWSR Wetland Balk Coordinator(wetland bank plan applications only) 1 t 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: rNW 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 An/1y Corps of Engineers St. Paull District,ATTN: OP-R BWSR Forms 7-1-10 Page 3 of 3 180 fifth St.East, Suite 700 St.P ul,MN 55101-1678 >For Wetland Bank PI applications,also send a copy of the application to: Minn sota Board of Water and Soil Resources Wetl d Bank Coordinator 520 Lafayette Road North St.Paul,MN 55155 6.ATTACHMENTS In addition to the site locator map,list any other attachments: ® 10/30/2013 Memo 0 BWSR Forms 7-1-10 Page 4 of 3 3 v ' ' •T % r't r _ __J./i r►. , q. • •' .. . ..... .41 t... . „.,, J , , ..„101414.,.,,. . .,„„zr,...: ,..,,,,.,..„ts;IC,'-;4..4' ,,,,- •f-A-.-.2',' , ',IC-'""•111 "-- ,' _ „----1 =-�`i,.I,!'� j' 1 �\ ...i:„.s .`af 'a, _ *i-,r'}.`a' A. 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'rig; ‘ '', ,.,-.-.1.71411k.-,.1.,!•1:'‘ :NINO '-.'N ..4 ... . .. .. ter.,tv,,•,,, T. ,. . , 4.„, ''N, 1. • .� _ P•1. _ 4 t . ♦ VV t ' ' i." &' . w ' j 7i, ,p 4.-.-.d -; it IF 4� r,-`1 s, '..., 46.-,' "�'" J ter- ,• ' v` i_ lif • 4 l�� , ifi 4:42 Approximate Parcel Boundaries .0 : -••" r,, , Zt- .`.4-" ' - Aril- � -� ;i, -,� - - :-...- 1 �' ". � - '•► t T118N R23W S35 Overview Figure 1 Overlaid on Topographic Map !!t►SVO BO DA 2013-024 0 1,250 2,500 5,000 30 and 20 Orono Orchard Rd V; t} Ecological Resources N Feet Orono, MN