11/19/2019 - email re: wetland check-up

Home Browse Search

Christine Mattson From: Cole Thompson <CThompson@minnehahacreek.org> Sent: Tuesday, November 19, 2019 2:35 PM To: Hans Frees Cc: Carlson, Ben (BWSR); Christine Mattson Subject: 820 Old Crystal Bay Road S.wetland check-up Attachments: Wetland 2.pdf; 8. Rule -Wetland Protection.pdf Good Afternoon Hans, Thank you for taking the time to meet Ben and I at your property on Wednesday, the 13th to discuss both the restoration of the wetland area along Old Crystal Bay Road, as well the options available to you for altering the wetland areas in the middle of your property.To recap our discussions for everyone's records I have assembled some bullet-points below including some after-the-fact research on how MCWD/WCA would regulate work within the wetlands: - The removal of sediment and reseeding of the wetland along Old Crystal Bay Road was successful and looks good. It was deemed complete. - It appears that during the removal of sediment and debris from the wetland along Old Crystal Bay Road, a portion of the removed material was subsequently placed in wetland in the middle of the property('Wetland 2') based on the 2010 delineation report (MCWD WCA Application W10-19),which was approved in June, 2011. I have attached a figure depicting the wetland area where the debris (roughly) is currently placed. o We agreed that removal of the debris and a restoration plan for re-establishment of the impacted wetland area or submittal of a WCA Application for a De Minimus exemption will need to be received by MCWD by June 1, 2020 as to avoid formal WCA enforcement processes.June 1, 2020 was determined to be a satisfactory date since: • The stockpile does not currently pose an ongoing risk to the area as it is stabilized. • Hans had stated he is looking to have the property delineated this Spring to better determine opportunities for a wetland alteration plan, at which point the delineator could help create a restoration plan or De Minimus Exemption application for the wetland area that the stockpile currently occupies. Regardless if the area is delineated, MCWD will need a De Minimus determination application or the removal of the debris and an associated restoration plan by June 1, 2020. - Per your interest in exploring options for altering the wetland areas in the middle of your property, Ben was able to provide some general guidance per the Wetland Conservation Act and what may be required as part of a `no- loss' proposal. Depending on the types of wetland determined to be on-site and your subsequent plan proposal to excavate wetlands to create more open-water wetland area, there are a variety of pathways that your project may need to take to be approved. o If the 'pond' excavation/expansion is determined to qualify for a 'No-Loss' determination under WCA, the MCWD Wetland Protection rule would not be triggered as all approved No-Loss plans are exempt from the MCWD Wetland Protection rule. o If the excavation or expansion of any wetland on site is not able to qualify for No-Loss determination or is not subject to WCA altogether,the MCWD Wetland Protection rule would be triggered. • If the MCWD Wetland Protection rule is triggered,the excavated wetlands would need to have buffers established and declared to the property per the buffer provisions of the Wetland Protection rule Sec. 5. • In addition to buffers being required, a 2:1 replacement ratio of excavated wetlands would more than likely be required as well. More details on this item can be found in Sec.4 of the Wetland Protection rule. 1