6. Reinhardt Driveway Fill_After-the-Fact Permit_Notice of Decision• �r
SC1`1NDIA
November 20, 2017
Joe & Katherine Reinhardt
18884 Layton Ave. N
Marine on St. Croix, MN 55047
RE: Minnesota Wetland Conservation Act Notice of Decision
Joe & Katherine,
Enclosed is the Notice of Decision denying the request to replace a portion of the
wetland that was filled using mitigate bank credits. Copies of the Technical Evaluation
Panel Findings Report and City ordinance review by the City's Planner are also
enclosed.
On page 2 of the Notice of Decision is information regarding your ability to appeal this
decision to the City Council. Note that any appeal of this decision must be done by
mailing an Application for Planning and Zoning Request seeking the appeal along with
the fee to the City within 30 days of this letter. I've attached the development code
section that relates to appeals of administrative decisions. If the appeal to the Council
does not result in the outcome that you are seeking, you then have the ability to appeal
the Council decision to the Minnesota Board of Water and Soil Resources. Based on
the timing of this letter, it is likely that an appeal would be heard by the Council in
January.
If you chose to appeal this decision the application is available at the City offices or on
the city's website.
ASoltis,
inistrator
14727 20911' St. N. PO Boa 128, Scandia. Minnesota 55073
Phone (651) 433-2274 Fax (651) 433-5112 http://wvvw.ci.scandia.mn.us
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit (LGU) Address
City of Scandia 14727 209th St N
Seandia, MN 55073
1. PROJECT INFORMATION
Applicant Name Project Name Date of Application
Joe Reinhardt Reinhardt Driveway Fill Application Number
10-2-17 2017 -SCA
-4
® Attach site locator map.
Type of Decision:
❑ Wetland Boundary or Type ❑ No -Loss ❑ Exemption
Sequencing
® Replacement Plan ❑ Banking Plan
1 ecnmcal )✓valuation Yanel r indan s and Kecommendation it any):
❑ Approve ❑ Approve with conditions ® Deny
Summary (or attach): See Attached TEP Findings and recommendation.
2. LOCAL GOVERNMENT UNIT DECISION
Date of Decision: 11/20/17
❑ Approved ❑ Approved with conditions (include below)
Denied
LGU Findings and Conclusions (attach additional sheets as necessary):
BWSR Forms 7-1-10 Page 1
of 3
The subject parcel is adjacent to 18884 Layton Ave N, Scandia, MN PIN: 3103220110039;
Subdivision Name BLISS PLAT 2ND DIVISION, BLOCK 3, LOT 19 and 20.
A saturated, Type 7 wetland was subject to an unpermitted impacted (filled) as a result of driveway
construction activities at the location provided above. Pre -impact aerials and the impacted area appears
to have a dense tree canopy; the unaffected area of surrounding wetland was dominated by a canopy of
black ash. On June 7, 2017 the WCA TEP met on the site mentioned above to identify and quantify
WCA impacts. The TEP determined the driveway gravel fill was placed in wetland and the fill was
placed without an approved replacement plan. The scope of the fill was marked using a GPS unit and
totals 4,608 SF. The DNR issued a Restoration Order on August 1, 2017.
The applicant is requesting an after -the -fact permit and sequencing and replacement plan decisions.
As noted in the attached TEP Findings and Scandia ordinance review, the fill is not allowable under
WCA and City code. Accordingly staff recommends denial of the permit and removal of the fill
material per the DNR Restoration Order (with revised dates subject to TEP recommendations).
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
Neil Soltis City Administrator
SignaturV,
l Date Phone Number and E-mail
r fI 11/20/2017 651.433.2274
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 Page 2
of 3
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
petition and $100 plus revie�V• fee (if applicable)
to:
14727 209th St N
Scandia, MN 55073
❑ Appeal of LGU governing body decision.
Send petition and $500 filing fee to:
Executive Director
Minnesota Board of Water and Soil Resources
520 Lafayette Road North
St. Paul, MN 55155
4. LIST OF ADDRESSEES
SWCD TEP member: Jay Riggs
® BWSR TEP member: Ben Meyer
❑ LGU TEP member (if different than LGU Contact):
® DNR TEP member: Leslie Parris
❑ DNR Regional Office (if different than DNR TEP member)
® WD or WMO (if applicable): Jim Shaver, CMSCWD
® Applicant and Landowner (if different)
❑ Members of the public who requested notice:
® Corps of Engineers Project Manager
❑ BWSR Wetland Bank Coordinator (wetland bank plan decisions only)
5. MAILING INFORMATION
➢For a list of BWSR TEP representatives: www.bwsr.state.mn.us/abotiI bx%si-/% orkareas/WCA areas. df
➢For a list of DNR TEP representatives: www.bwsr.state.iiin.tis/wetlands/wea/DNR TEP contacts-pdf
➢ Lie artmew 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: littp://files.diir.state.niii.us/aboutdnr/dnr regions.pdf
➢For a list of Corps of Project Managers: �% �vw.map.usace.army.mil/regulatory/default.asp "a eid-�687
or send to:
US Army Corps of Engineers
St. Paul District, ATTN: OP -R
180 Fifth St. East, Suite 700
BWSR Forms 7-1-10 Page 3
of 3
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:
® TEP Findings and Recommendations
® City Ordinance Review
BWSR Forms 7-1-10 Page 4
of 3