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HomeMy WebLinkAbout4.f. Wetland Conservation Act - Local Government Unit Designation Resolution CITY DF ROSEMOUNT • � EXECUTIVE SUMMARY FOR ACTIQN CITY COUNCIL MEETING DATE: March 15, 1994 AGENDA ITEM: WCA - LGU Designation Resolution AGENDA SECTION: Consent PREPARED BY: Bud Osmundson AGENDA�� � City Engineer/Assistant Public Works Director �.j- � ATTACHMENTS: December 1992 Executive Summary APP E . BWSR Memo; ACSWCA Letter, Resolution, Letter Attached is an Executive Summary from 1992 which summari2es the Wetland Conservation Act (WCA� of 1991. As you may be aware, there was an interim program of the WCA from January 1, 1992 until January 1, 1994. The permanent rules which are in effect as of January 1, 1994 do not differ greatly from those that are summarized in the memo. As of January 1, 1994 each City that was a "Local Governmental Unit" (LGU) must adopt a resolution which will designate an LGU responsible for administering the permanent rules of the WCA`for that City. The City has two options at this time. The first is to keep local control of the wetland program within the City of Rosemount by adopting the attached resolution which designates the City as the LGU. This gives local control for the many decisions which have to be made when addressing development near or in a wetland. 1f the City does not designate itself as the LGU, the remaining option in the Metro Area is that there would be a complete moratorium on all wetland activities within the City. The Dakota County Soil and Water Conservation District is planning to provide assistance to Cities in "walking through" the WCA process. If they are suceessful in obtaining a state grant, this assistance would be at no cost for the first year. In any case, the party responsible for the wetland impact would be financiatly responsible for delineation of the - wetlands. tf anyone desires more information on wetlands or the WCA, please contact me. At this time, Staff recommends that the City adopt the perrnanent rules of the WCA where the City would assume the responsibilities of the LGU for administration of the WCA. �I RECOMMENDED ACTION: M TI I�'� 0 O N T O A D O P T A R E S O L U T I O N F O R A D O P T I N G T H E � PERMANENT RULfS OF THE WETLAND CONSERVATION ACT. �I COUNC(L ACTION: 2 CITY OF ROSEMOUNT DAKUTA COUNTY, MINNESOTA R�SOLUTtON 1994 - • A RfSOLUTiON fOR ADOPTtNG THE PERMANENT RULES OF THE WETLAND CONSERVATILTN ACT WHEREAS, the Minnesota Wetiand Conservation Act of 1991 (WGAy requires locai gs�vernment units CLGUs) implement this faw by adopting the rules and regutations promulgated by the Board of Water and Soii Resources (BWSR) pertaFning to wetland draining and fiiling; and WHEREAS, the BWSR is requesting LGUs adopting the permanent rules of the WCA to notify them of the LGU decision regarding adoption; and WHEREAS, the LGU is respansible for making WCA determinations for landowners; and WHEREAS, the City Council previously assumed responsibilities of LGU for wettand a)terations with the City of Rosemount under the interim rules; and WHEREAS, the City of Rosemount Engineering Department is a technical sub-unit of govemment capable of making determinations and developing replacement plans. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rosemount that it hereby accepts the responsibility as the LGU for the WCA within the legal boundaries of the City of Rasemount as of January 1, 1994, within the guidelines as set forth by the WCA and rules. ADOPTED this 15th day of March, 1994. E. B. MeMenom , Ma or II Y Y ATTEST: Susan M. Walsh, City Clerk Motion by Se�onded by Voted in favor Voted against �� 1 ! 4J� 1\O�L I V t O� l �!� ZS75 Ct�tHSt eet U':'est — ?.0.Box 5 t 0 Rosem�ur+t,M� Everything's Caming Up Rosemount!! s5obs•osio Phone:6 i2-4Z3•4411 �ar.:012•-;?3•5203 March 16, 1994 Minnesota Board of Water & SoiJ Resaurces East Centrai Regian c/o Lynette Morisette Southbridge Office Buiiding 155 South Wabasha St., Suite 104 St. Paul, MN 55107 Dear Ms. Morisette: Please consider the attached resolution as a formal intention for the City of Rosemount to be the kocal govemment unit for the Wetland Conservation Act of 1991 . The contact person for the City of Rosemount is as follows: Henry Osmundson, City Engineer City of Rosemount 2875 145ti� Street West, P. 0. Box 510 Rosemount, MN 55068 t612) 322-2022 If there is anything else that you need feef free to calf. Sincerely, Bud Osmundson, P.E. City Engineer/Assistant Public Works Director cc: Vermillion River WMO I�'� cIo Dennis Miranowski, City of Appie Valley ��, Lisa Rohr, Dakota County Soil & Water Conservation District I � a �,� ,��,,. ry r DAKOTA CQUIVTY S�il AND WATER CONSERYATION DISTR/CT Farmingtan Professional Building 821 Third Street P.O. Box 129 a" - Farmington, MN 55024 Phone:{612) 460-8004 FAX: (612) 460-8401 February 14, 1994 Henry Osmundson City of Rosemount 2875 145th Street West,PO Box S10 Rosemount, MN 55058 Dear Mr. Osmundson: Back in December of 1993, I communicated with many cities and townships regarding the interim program of the Wetland Conservation Act(WCA). As you may be aware, January 1 st marked the onset of the permanent program. Dakota County has 20 cities and 13 townships. Of these 33 cities and townships, all but a few had designated themselves as the "I,ocal Governmental Unit° (LGi� responsibie for administering the interim program. Many have not yet formally adopted the permanent program. If there is no LGU responsible for administering the program, a moratorium is in effect on all wetland activities. By State law, no activity rnay commence in a wetland area. Whether you inadvertently overlooked tlus process, or have not yet decided to adopt this pragram, we would like to know your intentions. The Board of Water & Soil Resowces has asked the Soii & Water Conservation District to suivey the local governments in the County and deternune which ones have designated themselves as LGU's for the permanent program. We strongly recommend that you designate yaurself as the LGU responsible far the Wetland Conservation Act. After you have passed and adopted your resolution, forward a copy to Board of Water& Soil Resources and to the Dakata County Sail& I Water Conservation District. � The Soil and Water Conservation District is currently warking with the County to develop a ' program whereby the District would provide expanded asszstance on the Wetland Conservation Act (WCA)to local cities and tawnships. We shall keep you informed as these efforts continue. In the meantime,feel free to contact our office if you have questions regarding the WCA. ' Sincerely, � � ��.. �- a..�,� � Lisa R Rohr District Administrator AN EQUAL OPPORTUNITY EMPLOYER . � IMPORTANT MEMORANDUM � February 22, 1994 �r � TO: LGUsxesponsible for the WCA Sai1 and Water Conservation Districts Persons using the WCA Administrative Manual and ather interested gersons SouthbridQs Offios Buitding 155 S.Wabsaha Straet suns�oa FR: Joha Jaschke, Wetland Management Speci • St.Paul,MN 5510! {612)296-3767 Fax(st2)2s�-ssr5 RE: WCA FOLIAW UP- GUIDANCE AND POLICY �.�d otn� ����: A number of Wettand Conservation Act (WCA) questions and issues ha�e been a�a s.t,ake n�s��e identifierl as LGUs become mare familiar with using the WCA Rule. That is as �� expected and thus we have scheduled a second round of one-day follaw up training a,��n,MN 55802 sessions ia the early spring. The tentative dates and locations aze as described on �2�a���a7s� Attachment A. The sessions will o from 9:30 a,m. to 3 m. and focus on: Fax(218)7?.3-4794 g �' wetland banking, sequencing, many of the items listed below, and on your unique 3217 Bemidji Avenue N: ' iSSu�S aAd uestions. There will be a $2S fee to cover the cost of the facility and Semidji,MN;66Q1 q t2�8)�s�a� lunch on-site. What folIows is guidance and policy on some of the mosi pressing ��"�t8����� issues. Althongh it is a lengthy list please read it carefully and insert it and the . 2»s.Trt,su�t attachments in the WCA Administrative Manual. Suite 202 era�nerd,MN 5fi401-3660 1. WCA U LIST �z�s)s�s-zass I F�(��s>ezs-sa3s Attachment B is onr first attempt at developing a list of LGUs adopting the WCA Permanent Rule. The list cuntains ali LGUs that were responsible for soucnsrn Ae�bn: the Iaterim program ancl any LGUs that have sent us notifieation that they P•o•�x�� have adopted the Permanent Rule. The informatian in the right hand � ��'�g�' colurna under the "Permanent" heading indicates LGU action aa the New t�m.MN 560T3 (�3sa�srna Permaneut Pmgram. . If it is btank it means we haven't received any � F"`���s informatioa abaut that LGUs actions toward Permanent Rule adoution. , �20o s,sroadw,y Please review this list a�l let Rabyn Molina at(612)29b 2$40 know if there � t�oom�3s . aze corrections needed. Also, please send her docum�ntation of the '� ������°4 adoption decision (a l�ter from a LGU official will su�ce) if vau haven't � F�t��)�-�5 already. After this list is refiaed we will attempt w make separate lists for P.o.eoX 2sr . Greater MN and the seven-county metro azea. ' _ 1400 E Ly�on S`trest , �_ Marshail.MN 56258 2. NOTI�F !��-soso - . Fax�so�s�-s3ss a. Na�rtcE �ro Crr�s ua 'rx� WA�Rsxsn. M.S. 103G.2242, Subd.6, requires notice of replacement glan application to mayors of cities within the �o�;�,: .. "�, : area"watershed.� MN Rule 8420.U230 braadens this to state "mayors of so�nnerid9s orrce eu;�a�n�' . . - cities within the watershed" with watershed define�i as one of the 81 major ���W�"�'$�� ' watershais. The rule accidentaily expanded the requirement of the statute. S"`t°�°4 � We advise that Greater MN LGUs can meet the intent of the statute and St Paul,MN'55107. . ts�z)2s2-s»a . "�-�'� `"�-; '- �� `�..- comply with the rule by sending ane notice to the aiayors of all cities in the Fa"tg���r'sst5 --, - ". � major watershed as r�uired by the rule and ask if they want to receive °' - - individnal notice of replacement plans. They should also be informed of the :, ,_,, _ . ..,�, ... other notice requuement� (e.g. EQB Monitvr, local newspaper) which may nn��a� provide them with the information they need and that they can request OPPQrtu�itY Ert+Ploy�� . PfiMed bt1�eCydAd papOf 1 individual notice if they desire. If they don't respond a�rmatively, then the LGU may refrain from mailinb them a copy of each replacement plan application and decision. Attaehment C is a map of Minnesota (in six pieces) showing the major watersheds, cities, and townships. This can be used to help identify the cities in the major watershed. Metro LGUs can satisfy the city notification requirement by sending cogies to the cities within the metro WMO/WD boundary. b. NOTIGE FOR SMALL PROJECfS. The WCA Rule allows for an annual EQB Monitor notice for small projects impacting less than 0.1 acre and those impacting less than 0.25 acres far private roads and dwellings. This is the gniy "break" afforded these sma11 projects. The project approval timelines and the rest af the notice requirements including thase to`the required parties must be foliowerl as for all other projects. There may havebeen an example scenario handed out at the initial two day training sessions last fall that were inconect. Attachment D is a summary of the notice requirements. c. NoricE MArE�u�,s. The summary notice to the EQ,B Monitor and the local newspaper can be accomplished by using the sample form provided. Notice of application to the Watersheti District/WMO, the SWCD, the BWSR Boazd Conservationist and the DNR, as well as to any persons requesting individual notice, should include the complete three page replacement plan application form along with relevant attachments for ttte impact and replacernent sites such as a sketch, aerial phatos, soils maps or drawings that can be reasonably ghotocopied. LGUs should direct replacement plan applicants to furnish these items in a form snitable far photocopying. If there are other supporting materiais that are not able to be reasonably duplicated, make a note in the notice of what they are and where they can be viewed. d. NoTtcF To DEpr. oF Acwcvr.�rtJ�. The Minnesota Department of Agriculture does not want to receive any individual project notices despite the requirement ut the Rule. They will track prajects via tha EQ� Monitor and request individual notice an those projects they deem �PPropriate. 3. APPEAIS � The BWSR, with the state Attorney General's office, has begun dev�laping rules concerning procet�ures the BWSR Dispute Resotuuon Committee will follow in handling the vazious WCA appeals aztd those from other statutes. Untit those rules aze promulgated,the WCA Ru1e provides the guidance for wetland appeals. Local appeals processes may be estabiished by the LGU, particularly if the LGU decision is made by aa entiry other than the eleeted body. 4. SEOUENCING FLEXIBILI'I'I' There is the potential for much controversy over the application of the WCA sequencing requirements — which mimic the 404(b)(1) guidelines of the Federal Clean Water Act. 'I'he statute requirements to foilow the "avoid, minimize, replace" stegs are expanded on in the rule by a requirement for a "prudent and feasible" alternatives test. This part of the rule is di�cult to apply since the interpretation of words Iike"feasible,prudent, reasonable and practicable" can vary greatly. Further difficulties arise because there are differences in the functions and va�ues of a wetland and the severity of the propose� impact. A recentRegulatory Guidanee Letter(RGL 93-2) issued by the Corps of Engineers states that the level of review of project alternatives must be commensurate with the sEverity of the impact and that not all wetlands have the same functions and values. For minor projects,"if the function and values tost due to the proposeti drain or fill are certainly less than that of the proposai replacement, an etaborate search for praeticable alternatives is not required. The determination of what constitutes an unreasonable exgense should generaUy consider whether the projected cost is substantially greater than the costs � normally associated with the particular type of project. Because LGU staff and the regulated community have urgently requested guidance on this issue, we are including Attachment E which consists of a summary of RGL 93-2 and some additional flexibility guidance from the BWSR. These materials are guidance only and it is up to the LGU to fol}ow the WCA sequencing requirements, develop flexibility criteria, exercise sound scientific judgement, and apply the rule in a consistent manner. FuRher discussion of this tapic will occur at the upcoming training sessions. 5. BANKIN We wiIl discuss banlcing in some detail at the training sessions, but there aze a few principles to keep in mind when planning projects: ' • FuncEional wettands must rese�lt. This requires expertise in site selection and construction xechniqaes. Be sure you have persons involved in the planning stages of a project who have this Irnowledge or experience. Staff from the SWCDs, BWSR, DNR, USF&WS, Corps of Engineers, SCS, MNDOT, etc. may be able to provide some assistaace. • Public funds cannot be used to subsidize wetland replaeement for private projeets (see M.S. 103G.z242, Suhd. 12). If a local goven�ment unit uses its property, funding, staff time for design and monitaring, eu, ta complete a wetland restaration or creation pmject and gain wexland banking credits, it must factor those items into the price it chazges for the sale of wetland credits. This means that when consuucting wetlands for banking on public land, the value of the land rights needs to be factored into the price of the credits. CAUTION: Use of state and federally contcolled land is subject m the policies and regnirements af the responsible agency(s). Before planning a wetland banking project on these lands, permission must be secured from the coatrolling agency(s). The sale of wetland banking cre�its is also subject to the laws � pertaining to the authority and requirements of a LGU seliing assets. Consutt wh uirements a 1 to sale of v' ut at r with the LGU attome for ad ice aba y e9 PP Y wetland banking cre�its. • The wetland area and type on the grnund must exactiy match those credits in the bank. This means that all wexland size and type dexerminadans @efare . and after pmject camaiencement) should be dane conservatively. If it wrns out that more w�and was restoredicreated than originaily determined the banking plan can be amended —by following the same procedures and requirements for progosed wetland banking plans — tcy add this area, We must i�e certain that credits aze not given (and then baught and sold)where wetland does not exist. 6. ALTERNATIVFS TO "CASH BANKING" "Cash Banleing" is not al�awed. Ths idea of allowing persons impacting wetlands to pay th� LGU now and have the LGU take caze of the replacement later is not authorized under the WCA Rule. Hou►ever,there is an option for LGUs to enter into a contxact(or to accept a cash security or irrevocable bank letter of credit) for sale of replacement credits, oa property controlted and ` managed by the LGU, tbat are being generated at the time the replacement plan is approved, but will not completed until after the wetland draining or filling occurs, The LGU will be responsible for wedand reglaeement, as per the approved replacement plan, under this option. Tfiis option is recommended only as a last resort whea direct replacement is not available or weather conditions, f�r example, prohibit prior replacement, and will likely only be necessary 3 through 1994 or until banking credits beeome available. If an LGU has a wetland replacement or banking project underway, this option may be an acceptable risk for the LGU, especially for public road projects that aze ready for construction. Consult with the LGU attorney regarding any local restrictions regarding the acquisition and use of public land for wetland replacement. 7. METRQ LGU DETERMINATIONS We believe in giving LGUs as much flexibility as possible in deciding how to best develop arrangements for WCA administration. However, in the event that a dispute arises, ihe BWSR response about which LGU in the metro should administer the WCA program is described in a Ietter to Rice Greek Watershe� District in Attachment F. If you have a unique situation not addressed by that letter, please contact one of our metro field staff. 8. FEES The WCA statute says a LGU may charge a proce$5ing fee up to $75. t?ther fees that aze charged for additional work (e.g. fietd inspections,delineations, etc.) should be reviewed by the LGU attorney to determine apprapriateness and legality before they are standazdized into an o�cial fee structure. 9. ENFORCEMENT Attachment G is ttte WCA Enforcement Procedures developed by the DNR and a list of the E�forcement Water Resouree Specialists (WRS). Please replace the draft Enforcement Procedures in the WC�r!Administrative Manual with these materials. AdditionaI information will be forthcoming on the civil enforcement procedures mentioned at the end of the attachment. When LGU staff become aware of potential wetland violations they should contact their local conservation officer or WRS before investigating on site. 10. LGU RECORD KEEPING In order to justify continued state funding, to minimize liability, and to achieve program evaluation, it is very important that LGUs maintain records individnally for projects and summarily for each year. To this end, we ask that LGUs develop forms to keep summary records of project numbers, time and expenses incuned for the following activities: �project screening and sequencing, exemption determinations, replacement plan review and approval (including wetland impact size, type and location), technical panel participation, violations, delineations eompleted, wetland banking project development and approval, manitoring and general administration. Also, we request that summaries of work items and expenditures mentioned above for the interim program dur'�ng calendaz year 1993 be sent to this office by April 15, 1494 so we can develop a statewide sumrnary. 11. EXEMPT'I N �f23 The Permanent Rule language may change application of this exemption in some LGUs that used a different definition of ag-tand during the Interim than the one in the WCA Rule. Thus, there are two criteria that should be added tc� the interpretation of this exemption on page 13 of the Ezemptions User's Guide: a. Exemption #23 only applies to wetlands on agriculturaI land (see RuIe for definition). Simply stated, this exemption applies if half or more af the wedand boundary remains agricultural land and the landowner remains eligible for federal farm program benefits. ' b. As for all the ag la:nd exemptions, there is a requirement that the land remain in I, agricultural use for ten years after the euemption is exercised (or the lost wetland must �'� be replaced). A deed recording is required to provide a means of informing future buyers of the property of this requirement. 4 . t r infin ha ter 420 A 12. WCA RULE ERRATA and INTERPRETATION C p 8 , u�us 1993 a � Please note these changes in your copies of the rule: � d on a e 55 Part F• under definition of RR in the formula, it - On a e 54 Part E an , , Pg • Pg should read ...T b e 2... not�eb�e-�. - On page 54, Fart D, item 5, line 9; should read ...counties where$Q percent or less... not ...counties where 38 percent or less... Please note these interpretations when applying the fotlowing parts of the Rule. - On page 68, item H, line 6; the word "transfer" rneans "withdrawal" in order to stay consistent with other uses and definitions of these words in the Rule. - On page 6$, item G; second paragraph, since the commissioner has approv�l the state wettand bank established in this rule, the commissioner will nct need to approve individual replacement plans for public transportation projects. 'I 13. FORMS• ERRATA CHANGFS and CLAWF�CATION forms disuibuted reviousl and thereafter are provid�for general informational All the samgle p Y purposes as a service to LGUs involved with administration of the WCA. Each LGV should consult vvith its attorney regazding the legality of these forms and making modifications to them. Please make the following changes to the sample forn�s: EQ8 Monitor and other Notices Add a statement to these farnis inviting camments and noting the comment deadline and where they should be sent. Use these or similar fomns to provide notice to the local newspaper and send it and ail other notices directly to all those required to receive notice. Do not send the notices to the BWSR for distribution. The BWSR will receive notice(to be sent to the appropriate Board Gonservationist)as one party required to receive a copy of all replacement plan applications. As described in Attachment D, the LGU decision must occur no sooner than 30 days and no later than 60 days after the date the last natice is published or mailed. Deed Recordin F� orn�s . Ali notices should be recardeci after the LGU appmvai is receive�i but before the pmject commences. If this is not possible, a binding agreement to have the notice recorded shortly thereafrer should be part of the LGU approval. � The deed recording notice for banlcing and replacement wetlands references MN Rule$42Q.0750, Subp. 2 for banking. Ir shauld also reference MN Rule 8420,Subp.D(6)far direct replacement wetlands. Please add this reference to your farm. ' This form should also include a number of additional informational items: - The name(s) of the landowner(s). ' - The name and address of the LGU granting the exemption or ap�roving the replacement or banking plan. - The date on which the ten year restriction for exempted wetlands being useti for replacement expires. - A complete legal description of the real property affected (to be provided by the landawner) with a legal description (if available), narrative description, or attached map/drawing description of the wetland area affected by the WCA restrictian. 5 - A signature line for all landowners. - A release clause allowing the LGU to make a determination that a subdivision portion of the property not af;ected by the ten year restriction may be released from this restricuon. BWSR will work with the Attorney General's office to revise the existing form. It wiil be available at the training sessions in early spring. LGU Sequencin�Finding�of Fact Delete the statement at the bott�m of this form that reads " , � a . Wetland Banking Pl�n Apglication (and other repaacement and bankzng forms) ' On the last line in item (2) add a checkbox followed by the option to choase >50�'o and �80 0 Add this option to the other €arms where appropriate. �ombined Project Notification/Application (CPIJI Form This form can now be used as a notification or application to a}l agencies. The agencies have agreed to try to respond within 45 days. Lack of a response within 45 days does not constitute a default approval. If a response is not received within 45 days,the agencies should be cantacted directly for a jurisdactional decision. The CPN form is � sufficient to' serve as a WCA replacement plan application. The replacement plan application form pmvided in the WCA Administrative Manual must be completed. 14. WETLAIvTD TECH1�'ICAL TRAINING Several training opportunities will be upcoming this summer for wetland technical training. See ' Attachment H. Registration materials will be distributed later this spring. , 1�. Ofher Attachments ' EQB Monitor publication dates for 1994 , Watershed map/accounting units - improved copy to replace Figure 2 on page 52 of the Rule. j NWI/PWI map availability- both types of maps are now available form the MN Bookstore, : attchs. c: Board CanservationistslRegional Supervisors Matt Seltzer, Attorney General's Office InterAgency Wetlands Group WHAC RWC DNR Enforcement WRS a:lgurou.,,�o 6 ' ' _ c=�r3r oF Ros�ourrr _ EXECUTIVE SU)�iA,RY FOR ACTION CITY COUNCIL MEETING DATE: December 15, 1992 AGENDA ITEM: Wetland Con�servatian Act (WCA) AGENDA SEGTION: Department Head Report PREPARED BY: Bud Osmundson AGENDA��c� � � �l City Engineer�Assistant Public Works Director G l� ATTACffi�lENTS: Protected Water� Map; � d� $�- Jurisdictional Guide; Notification Form Attached is a memo discussing the WCA for your information. I will give a brief overview at the meeting and try to answer any questions you may have. RECONtMENDED ACTION: NONE COL]NCIL ACTION: 1 MEMO TO: MAYOR McMENOMY COUNCIL MEMBERS: KLASSEN STAATS WILLCOX WIPPERMANN FROM: BUD OSMUNDSON, CiTY ENGlNEER DATE: DECEMBER 11, 1992 RE: Vi/ETLAND CONSERVATiON ACT OF 1991 (WCA) The Wetland Conservation Act of 1991 (WCA) was impiemented with the purpos� stated as follows "A. Aehieve no net loss in the quantity, quality and bialogical diversity of Minnesata`s wetlands. B. To increase the quantity, quality and biotogicai diversity of Minnesota's wetlands by restoring or enhancing diminished or drain�d wetlands. C. To avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality or biological diversity of wetiands; and D, Reptace wetiand vatues where avoidance of activity is not feasible and prudent." The main provision is that all wetlands in Minnesota are protected and eannot be drained or fitled. The benefits of wetlands inctude flood water storage and retention, nutrient assimilation, sediment entraprnent, ground water reeharge, wildlife habitats, and aesthetics and recreation. The WCA permanent rules beeome effective on July 1, 1993. However the interim rules have been in effect since January 1, 1992. Minnesota's waters have been grouped into two categories for protectian I purposes. The two groups are "Protective Waters" or "Vlletlands". A wet area is ' categorized as either a "Protected Water" or "Wetland" depending on the criteria of size, physical characteristics and ownership of surraunding land. Certain ponds, lakes and wetfands were protected by the Minnesota Department of Natural Resources {DNR) which were identi#ied and cataloged when the initial laws went MEMO PAGE 2 into effect in the late 196Q's and early 1970's. in addition, the Army Corp of Engineers (ACOE) has jurisdiction over filiing or dredging of any water or wettand in the United States. This was defined by Section 404 of the Ciean Water Act. ACQE Permits for filling or dredging in a wetland are calfed Section 404 Permits. The Corp is also authorized ta regulate any work in navigable water in the United States under Section 10 of the Rivers and Harbors Acz. In Rosemount we would need a Section 10 permit if we would work in, or afong the Mississippi River. After the passage of the WCA, we now also have what are referred to as LGU's ar Local Governing Units that have wetfand responsibilities. These consist of Counties, Cities, Townships, Towns, Water Management Organizations (WMO'sa, ' Soil and Vt/ater Conservation Districts that are designated to have jurisdiction over aN wetlands as defined in the WCA. The attached handout shows the jurisdictional guidelines of the different agencies. This jurisdictional guidetine, as you will note, is a draft, is stiil being questioned and has not been finalized. WHAT IS A WETLAND? The definition of a wetland as stated in the WCA is based on the classification system presented in "Wetlands of the United States", United States Department of the Interior, Fish and Wildlife Circular, No. 39, 1971 Addition. The "Cireular 39" as it's commonly referred to, will be shown to you at the meeting. The delineation of wetlands are based on three criteria: 1. Predominance of Hydric Sails 2. Presence of Water 3. Prevaience of Hydrophytic Vegetation The Iocat government unit is charged with reviewing an application for replacement o# wetlands if a developer or improvement project wifl have an impact on a wetfand. The applicant wiH fifl out the "tocal, State and Federal Project Notification Form" (Attached) which is to be submitted to the LGU. At that time the I.GU must decide who is the lead jurisdictional agency. The WCA does define that a technical evatuation panek or "TEP" consisting of one Minnesota Board of Water and Soil Resources member (BWSR?, a County Soit and Water Conservation District member, and an LGU designatee, will review the apptication #or the replacement of the wetland and base their recommendations on the #ollowing principles (in order of priority): 1 . Avoiding the direct ar indirect impact of the activity which may destroy or diminish the wetland. MEMO PAGE 3 2. Minimizing the impact by limiting the degree or magnitude of the ,_ . wetland activity and its impiernentatian. 3. Correcting the impact by repairing, rehabilitating or restoring the effected wetland environment. . 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity. 5. Mitigating for the impact by replacing or providing substitute wetland resources or environments. Replacement plans for wetlands are not required for twenty-four exemptions, as de#ined in the WCA, most dealing with Agricultural lands. The WCA also'sets the mitigation criteria to be followed. The LGU is further charged with monitoring the repfacement wetlands and filing yearly reports on those wetlands with the BWSR. There are also issues of banking wetlands and future refining and redefining af the law that are currently taking place and witl be taking place in the future. As an example, Subpart 18 of the Law is the definition of fi(I. This definition is fifteen lines Iong and is already being questioned. SUMMARY All wetlands in Minnesota are now protected, In the past, you may have heard the question "whether or not a wetland is protected?". As of January 1, 1992 �tl, wetlands are protected; its j�st a matter of who or what agency has the '' jurisdiction. _ _ '',, As stated, sorne refinement of the faw is forthcoming. There currently are ', questions over when the technical evaluation panel does become involved and , many other jurisdictional and definition issues. There is a cost involved with the savings of the wetlands. Replacing and mitigating wetlands is extremely costly. Develapers will shy away from developing wet areas, which drives up the price on "dry" property. The State has had public hearings in the past on this subject and they have another one scheduled on Thursday, December 17, 1992 at the State Office MEMO PAGE 4 Building, 100 Constitution Avenue, Basement Hearing Room, at 1:00 'P.M. and 7:00 P.M. More information can be obtained from Greg Larson from BWSR and other agencies which speciatize in this area. We can provide you with copies of the WCA if you wouiti desire. 1 • n � '�,i l , �C � �� ' �' ' „� � r in �'�. i, A r"� � �l8� 1� ,� (u , _ . ... . . ��.. ,�..��•. - • ;�^�.� � . _.. ---- �\\,�.tus+* "a� � ��. , � � � •�- ,� �, � ,q� . . j � � �� '� "111'� � sa�• � p� � y+„ f�_�N�� �� : � r9�..,J ar � �' ,� �����la J-r`! 1j1w 3�Nal� ,_.__ —7'i�.. _ ,��pv�" -- 'Nµ� � �. r — �= ��r � ' f ! `� �• •�pr_-..� I����' � mu I� 91iM ' ' w ��; • �/ ' .. � q 1,c . J'.-t .� �'• , i� _-•-----.���s�;. ,.. - . �v . �. �ee,♦ �'„� � ( --1� ��� V►! _._ �� } 31L"' "��,p�'.__� ,� . . � �'� 7�2� / � • � .�'�_rr ;' f � � . •'� .. S ��a '�"�;�+,�3 1.7'�� �1 f� 1 � Ih' ' '---a-=_ � : �,y � `� %a -- �� � , ..,.r-' -? . ._ ._-�� �, . -:, .; ;.;� � ��N � • . � '„ � �„ ,.r�� r ��� � MNI ''N.. ;;,�� l. .�� - — °""' / p. 1 � �.'���! Nq J�,'Ih� _. ...___ C� � -'� � � . /T � '. �"" ='�r �'r 'll�� �!� ',� ,�iy '� � 9� . �I . ..._.._M •��� '` °�, �., (R"SP ve�o LAK� �%--`�.'� � � ,�„�'"�-'"" ,, "� '� I{ _...._.._. �I�' a�_____\ • . '�� � � � ���'�s'� R[CORN lk ��J�W~ . ' L - _ • I �.1 . �---�---- � �. ��� � � •� . N � . y� . / � . S i / •�:�.�.� .. ' IiP �w,� \ ' ..' ' _._ .._.� � ', • ' � AiRbin�. : � �' + ..f� r f'�'" /.. Z.� o ,�6� C .{ 3�J� � IZ41 i +t �� Ib -- � \ 'i ' -- � ,' � +� `\ ' . --"• -� : �I SGiI�+/�A,/' �,�:� • � � � p. i � � 3 � _ �� '"^_,�______tr � � . .�'' '\ ����.h � � . ' � _ T �' _J . ..s. �/�.) � j �• ,``. ^ j; � "'� � j ! �' !�� p�� , ,.�. `• � _. _ ._____1 I ' ,n '� -�� � �1� �e „ �s� .. — ,6 �' ' �+ ' � �a: � —•�.. ' � ���� .> '�y � � ' .�.—` ,,, --- 1 ; • _ ��� f 1r� ` �`.• '_ __ ^�~~ _ i � � ____..__. ��� c~ -'�'` � UNIV[1121T M{NNESOiA . . . 1 •~•��'�'�"���„ � � aa.. _ �� � 1 . ' . . , . �� . ,` -' - .1 . f� IIOfEMOUNT � ��j111CH CENi411 . -��. . _•-�=-y.- .. � . ( ' � t f L_____ --�- - -- ; . 1 �. . N . � �.� . — � . .. .. ..� ... � ' � � �.'. ' ' ..e . . ; WACNTM�tOND ' � _ : _ - . . .- . . (,J . . ' • . _ .'���/. � ��+ •� � . � � �J' .qp�iR1. ��- .� . . . ....J �r_ . � t---- � fj� - ,. � , I � _ �.1�,:i� .��.�._ � ' �' � � � -� a ,. � �i " M' y ....�...� i � i O ; ��� �/ � p �� r I� i 1 � p � t FIG. 4 tEGEND: , � � � � � � OPEN WATER r WATER RESOURCES -- FLOODWAY 4 IUIIIIiilillli WETLANDS �, `�� � �l �� � �N����' 7 t � p �E N1 O U NT' � �.�� ��--� p t�ro i �G M1 N N E�C7TA C—�--- ,� ��-�.-'��.�`s � r C� �a �o o�t�, �K 1�1G �G�Fr�� ' . �� /J2 � F7��� • � MtNNESOTA STATE AND FEDERAL JURISDICTION OVER "VI/ATERS" tW�TI.AND TYPE FROM U.S. FWS, CirculAr 99) ONW OHW i i FED — EPA C�RPS -- CWA, Sectic�n 4�4 � 1 I � CORPS, - �1-IA, Seetion 10 �� � . 1 � � STATE - LGU`s — WCA I � �cu•a - wc,� BWSR —t swsa� I I �j ..�---- MNQNR ---• -- -- - —� I I TYPE,,,_j._.,_— i N01' NOT 1YPE � � TYPE �� TYPE TrP� � TYPE T��F�E � TYPE TYPE 'NET I WET 8 � 6 5 NAVIGABLE RIVER 5 ( 4 3 � 2 1 �R tAK� ' 61NCNE5 � •�6i.vc�a.S i FOOT � LESS TItAN \ J FEET ��� 14 FEET 1�55 THAN 10 FE�T GWA = CLE{W WATER ACT RHA = RIVERS AND HARBOR5 ACT OF 1899 WCR = MINNESOTA W£TIANQ CQNSERVATlON AC7 OF 1991 AGENCY � EXEMPTIONS EPA s U.S. ENYIRONMENTAL PROTECTION ACENCY . 'TYpE i, UNFORESTED AGRICULTURAL LAN� GORPS = U.S. ARMY CORFS OF ENGINEERS TYPE 2, AGRICUITURA! LAND B'NSR = $O�RO OF WATER ANO SOiI RESOURCES � ��`lDNR = MlNNESOTA DEPARTMENT OF NATURAt. RESOURCES '• '�U � LOCAI. UNIT UF GQVERNMEN7 , , LOCAI.--STATE--FEDERAL PRUTECT NOTIFIGATIOW FORM r.,� ,��� r�f� w�y r��r��a�r�'N�r R� �.��y c� �'�� a�r y��y� n�°���a P^ol�a'�y�P�'P� �'hich »ury fail within tht�^jurisdicaon. ?7eese agau�c shadd advist ynre vf tlu� 7���4 ��}', wirlun 4S days�r�xerjnt o¢'this�atrf'Ycatiar�. This far�t isprovided as a convdtiaue and its�st is optio�rt Yau �Y, =f�� 4PP�'fa'P�T or airthoraatiUru usutg standr�nd ag�ncy fam� Fill att this farm uxnpJdily mid mail a co�,with P��P� dc. to each of the agr.nci�s listad c�n tlu sevuse uf�f� �P a COFY�f all n�ataiaLs submitted for yrxv~nc�d� Yae must a�btain au ra�u�a authvrir,atio�ns befc�r�e be�nxing warlc Y'solatio�rs �lQca� sta� or Faderal laws mm► he,punishabte hy admi�isxrativG czvil m�dl/or crirr:iiwl penaltie� � . . _ - _ _ � . I. Applicant's Name (First, Last, M.I.) / Aut�or'rzed Agent,if any / Area Cade, Telephone � � � ) Address (Street, RFD, Booc Number, City, State, Z�p Code) II. LOCATION OF PROPOSED PROJECT (ATTACH DRAWING SXC�WING HOW TO GET 7"D SITE) Govemment lot(s) Quarter Section(s) Section(s) No. Township(s) No. Range(s) No. Lo� Bloc14 Subdivisian Fire No., Baz No., or Project Address County Work will af j'ect lake wetland waterway ag procGtcttan Waterbody Narn� No. {if known) IIL EST7MATED PRGUECT Ct?S7: S LENGTH OF ShEDRE AFFECIED (in feat): IY. Volume of fill or ercavation (cubic yds.J: Area filled or excavated is acres, ar squar�e fee� (NOTE: You may substuute dimensions} i! TYPE OF WORKANDARF.A (G7reck all that apply): FI1L EXG�YATE REPAIR CONSTRUCl RF.hfOVE DRAIN UAb! SHOREL(NE i�TIAND WATERiYAY DfX:K CULVER7' BRIlX"E Lrtl� ACCESS PATN RIPRAP S�4M�BIAM�1' OT�'..R(d�xcnbe): R'ET7.�1ND TYPE(S)AND ACRF.rlGE(S)PROPOSED T1U BE FIL[.EDIDRAINEU: Anach drawings and plau. IncLlde a daaiptio,ri oj meJ'P^�P�d G�P�'� ��� j�9�1'���+d ban�v mr,as. Describe the wark betow; how u would be done, whut equipment would be ured: � Vl. PRQI£CT PURPOSE ( why is this project needed--what benefits will it provide?): Yll. ALTERNAT7VES (dcccribc arry oth�r sit�s ar nuthvds that cQuld be used to athicve tht pio�Ose vf y�an'�nlux wJsile avc�iding � or,rni�umizing wdlarid/water impacts: Attach additional sl� if needed). ',, VIII, DATES-- Activiry proposed to begin on: Be completed: ' Has arry of the work been done? NO YES (ulentify any compteted work on drawing). , IX. .41)JOIIVING PROPERTY OWNERS (Attach list if mare thun two). Name Address City State Zip L 2 X. PERMITS have been received (enter an R) or already app[ied for (enter an A)fram: DNR A.RMY CORPS COUNTI' TOWN/CITY WATERSHED DISTRICT MN. POLLUTION CONTROL AGENCY. Has an m�chaeological survry of tlst p�nlect site been doncp If so, by whom: Xl I hene6Y�IY��P� oI�T I� �I�P►nlect prolwsed herein and rtquPst tlurt l be odvised of rury'Psrn:its or ozher determinatians concenung tJsis project thut I must obtain I understand that pror.eedv:g with work befare all requfred autharizaturns me obtavsed may subject me to Federa� Stut� and/or local admv:irtrativ� civil and/or criminal peisrtlri�.� DATE: Signatune af Fersvn Proposing Project �r Agent «< PLEASE CAREFULLYREAD AND COMPLETE BACK dF FORM»> . . INSTRUC!°fONS-PLEASE RF.AD CARFFUI�Y . A copy of t�us form�,with copies of all plans,drawin8s,:etc.,should be sent to each aBeacY inrlicat,ed below : _ . ��.. > Please check t�e rn riate .. : aPP F spaces below to show everywhere you are�sending t�is form., Remember_m,keep a copy fc�r: ;,; yoursel� DO NOT SEND l�NY PF.RM[T PROC�SSING FEES W1TI-i THIS FORM. - _ .__ _� --.. .:. -. : -_ -.._ __.. __ ... MUNIG�AL GdVERNNfENT(Q1Y OR TOVVN) OR COUNIY ZONIIQG OFFICE. SEND T'O GOUNTY ff Yf7UR PRQTEGT�ITE LS NOT IN A MfTNICIPAL ARFA PLFASE LtST THE MUMCIPAI.PtY OR COUN'IY TO Wf-IICH YOU AAE SENDING TT� - FORM• WATERSI�D DISIRIGT OFFICE (�ONE FJ�S'i'5 FOR YOUR PR03EGT AFtFA�. PLEA,SE LiST DL�'I'RICT OFFICE NAME• MINNESQTA DEPT.OF NATURAL RESOURCES F.EGIONAL OFFI�E. YOUR LOCAL SOIL AND WATER CONSERVATION DISIRIGT: US.ARMY GORPS OF FNGINEERS. SEND TO: Depa�'tm�t of t�e A�y,Co�'pc of ERBmeers, St Paul D�c� ATIN:CO-R, 188 Rellogg Btvd.E.,Room 1421,St Paul,bdAT` 55101-1479 Note: The ataove agencies may provide a copy of your completed farm to the Minnesota Pollutiaa Control�genc.y(1viPGA). MPCA water quality rules may apply to your proposal. ATTENTION! FR.OM USDA: Any activity includinS a�S� �S�RB', �8� leveling or othes manipulatians, including maintenance, may affect a landuse�s elig�b�iry for USDA benefitr under the i985 Food �ecutity Act as amende� Check with your local USDA affice to request and complete Farm AD-1026 prior to initiating activity. IMPORTANT: Some of the above'offices may allow this form to be used as a pernut applicauon form. The Corps of , Engineers will accept this form as an application form. If you wish this form to constitute an application to the Corps of , Engineers for any necessary penmits for your project under Section 1Q of the Rivers and Harbors Act of 1899, and/or under '' Section 404 of the Clean Water Act, please carefully read the following information and sign where indicated below. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am famiiiar with the information eontained in this agplication, and that to the best of my knowledge and belief such informatian is true, complete, and accurate. I further cert.i�y that I possess the authority to undertake the proposed activities or I am acting as the duly authorized agent of the applican� Signature of Applicant Date Signature s�f Agent Date NOTE: The application must be signed by the yerson who desires to undertake tt►e progosed activity{applicaiat) or it m�y be s�gned by a s' duly autharized ag+ent if the iaformation iequest�d below is prrrvided. Ag�at's Natne• �geat's Title: Add:+es�s• Telephoae: ( ) 18 U.S.G.Sectioa 1001 provides that: tNhoever, in any maruier within the jurisdiction of any departmeat or agency of The United States kaowingly and w�lfully faLsifies, conceaLs, or eovers up by any trick, scheme,or device a material fact or makes any faLse,fictitious or fraudulent statements or representarions or makes or uses any false writing or documeat Irnowing same to contain aay faLse,fictitious, or fraudulent statement or eatry, shall be fined not more than$10,000 or imprisuned not snore than five yeazs,or both. DC}NOT SEND ANY PERMIT PROCESSIIJG FEES WITH THIS FORM �RIMTEO ON . . . �NECYCIEDPMEII� � � � . . .