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HomeMy WebLinkAboutMN Wetland Conserv Act Notice of Decision-2016 'Minnesota Wetland Conservation Act Notice of Decision Local Government Unit(LGU) Address Minneha$a Creek Watershed District 15320 Minnetonka Blvd Minnetonka,MN 55345 1. PROJECT INFORMATION Applicant Name Project Name Date of Application YMCA of the treater Twin Cities 135 Orono Orchard Rd N Application Number 10/11/2016 W16-58 (incomplete) 10/18/2016 (complete) ®Attach site locator map Type of Decision: Wetland*ndary or Type El No-Loss ❑Exemption ❑ Sequencing ❑ Replacement Plan ❑Banking Plan Technical Evaluation Panel Findings and Recommendation(if any): ❑Approve ❑ Approve with conditions ❑Deny Summary(or afttach): AL GOVERNMENT UNIT DECISION Date of Decis' n: 12/14/2016 ®Approved ❑Approved with conditions(include below) ❑Denied BWSR Forms 7- -10 Page 1 of 3 LGU Findings and Conclusions(attach additional sheets as necessary): YMCA of the Greater Twin Cities applied for a wetland boundary&type confirmation for the wetlands located at the 135 Orono Orchard Rd N(PID=3411823440035)in the City of Orono, Hennepin Co ty, Minnesota.Legal description: Section 34,Township 118N,Range 23W.The boundary&type approval was requested October 116,2016. A wetland delineation was conducted by Sambatek on September 27th,2016.A complete delineation report and WCA application were submitted to MCWD on October 18th,2016. Three wetlands were delineated witllin the project area. Wetland 1 was identified as a Type 3, Shallow Marsh wetland. Wetland 2 wast identified as a Type 1,Seasonally Flooded Basin.Wetland 3 was identified as a Type 1, Seasonally Flooded Basin. One DNR Public Water,Long Lake Creek,is located on the property. MCWD reviewed the boundaries in the field on October 25th,2016. During the field review, the following changes were made: 1. The boundary of Wetland 1 was revised. 2. An Other Acquatic Resource, Long Lake Creek, was identified(OAR 1). These change were delineated in the field on October 28th, 2016 and an updated figure reflecting thele changes was submittted on December 14th, 2016. MCWD appy ves the wetland boundaries and types as delineated in the field on October 28th, 2016,the wet d types documented in the delineation report submitted on October 18th, 2016, and the wetl d boundaries documented in the updated delineation figure submitted on December 10, 2016. 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 BWSR Forms 7-1-10 Page 2 of 3 and are available from the LGU upon request. Name Title Rachel Workin Permitting Technician Signature Date Phone Number and E-mail 12/14/2016 (952)641-4518 rworkin@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 4. LIST OF ADDRESSEES ® SWCD TEP member: Tony Brough ® BWSR TEP member: Ben Meyer ❑ LGU TEP member(if different than LGU Contact): ® DNR TEP Becky Horton; Kate Drewry ❑ DNR Regional Office(if different than DNR TEP member): ❑ WD or WMO(if applicable): ® Applicant(notice only) and Landowner(if different): Anita Lancello Bydlon (YMCA) ® Members of the public who requested notice(notice only): Todd Ullom (Sambatek); Jessica Abernathy(Sambatek); Heidi Quinn(MCWD);Wes Boll(Wenck Associates); Chris Mattson (City of Orono); Melanie Curtis(City of Orono); Mike Gaffron(City of Orono) ® Corps of Engineers Project Manager(notice only): Melissa Jenny— melissa.m.j envy@usace.army.m it ❑ 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 BWSR Forms 7-1-10 Page 3 of 3 >For a list of DI R TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.pdf >Department of atural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg.Env.Asse s.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess. Reg.Env.Assess.Ecol. Div.Ecol.Reso ces Div.Ecol.Resources Ecol. Div.Ecol.Resources 2115 Birchmont Beach Rd. 1201 E.Hwy.2 Div.Ecol.Resources 261 Hwy. 15 South NE 1 Grand Rapids,MN 1200 Warner Road New Ulm,MN 56073 Bemidji,MN 5 601 55744 St.Paul,MN 55106 For a map of DIIR 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: JS Army Corps of Engineers t. Paul District,ATTN: OP-R 80 Fifth St.East, Suite 700 t. Paul,MN 55101-1678 >For Wetland B Plan applications,also send a copy of the application to: innesota Board of Water and Soil Resources Wetland Bank Coordinator 50 Lafayette Road North S . Paul,MN 55155 i II 6.ATTACHMENTS In addition to th site locator map, list any other attachments: ®Approved w tland boundaries BWSR Forms 7-1-10 Page 4 of 3 1