HomeMy WebLinkAbout3.a. Wetland Conservation ActCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: December 15, 1992
AGENDA ITEM: Wetland Conservation Act (WCA)
AGENDA SECTION:
Department Head
Report
PREPARED BY: Bud Osmundson
AGENDA
E
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it
City Engineer/Assistant Public Works Director
ATTACHMENTS: Protected Waters Map;
APP OVED BY:
Jurisdictional Guide; Notification Form
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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.
RECOMMENDED ACTION: NONE
COUNCIL ACTION:
1
TO: MAYOR McMENOMY
COUNCIL MEMBERS: KLASSEN
STAATS
WILLCOX
WIPPERMANN
FROM: BUD OSMUNDSON, CITY ENGINEER
DATE: DECEMBER 11, 1992
RE: WETLAND CONSERVATION ACT OF 1991 (WCA)
The Wetland Conservation Act of 1991 (WCA) was implemented with the purpose
stated as follows:
"A. Achieve no net loss in the quantity, quality and biological diversity of
Minnesota's wetlands.
B. To increase the quantity, quality and biological diversity of
Minnesota's wetlands by restoring or enhancing diminished or drained
wetlands.
C. To avoid direct or indirect impacts from activities that destroy or
diminish the quantity, quality or biological diversity of wetlands; and
D. Replace wetland values where avoidance of activity is not feasible and
prudent."
The main provision is that all wetlands in Minnesota are protected and cannot be
drained or filled. The benefits of wetlands include flood water storage and
retention, nutrient assimilation, sediment entrapment, ground water recharge,
wildlife habitats, and aesthetics and recreation. The WCA permanent rules become
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 protection
purposes. The two groups are "Protective Waters" or "Wetlands". A wet area is
categorized as either a "Protected Water" or "Wetland" depending on the criteria of
size, physical characteristics and ownership of surrounding land. Certain ponds,
lakes and wetlands were protected by the Minnesota Department of Natural
Resources (DNR) which were identified and cataloged when the initial laws went
MEMO
PAGE 2
into effect in the late 1960's and early 1970's. In addition, the Army Corp of
Engineers (ACOE) has jurisdiction over filling or dredging of any water or wetland
in the United States. This was defined by Section 404 of the Clean Water Act.
ACOE Permits for filling or dredging in a wetland are called Section 404 Permits.
The Corp is also authorized to regulate any work in navigable water in the United
States under Section 10 of the Rivers and Harbors Act. In Rosemount we would
need a Section 10 permit if we would work in, or along the Mississippi River.
After the passage of the WCA, we now also have what are referred to as LGU's or
Local Governing Units that have wetland responsibilities. These consist of
Counties, Cities, Townships, Towns, Water Management Organizations (WMO's),
Soil and Water Conservation Districts that are designated to have jurisdiction over
all wetlands as defined in the WCA. The attached handout shows the jurisdictional
guidelines of the different agencies. This jurisdictional guideline, as you will note,
is a draft, is still 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 "Circular 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 Soils
2. Presence of Water
3. Prevalence of Hydrophytic Vegetation
The local government unit is charged with reviewing an application for replacement
of wetlands if a developer or improvement project will have an impact on a
wetland. The applicant will fill out the "Local, State and Federal Project
Notification Form" (Attached) which is to be submitted to the LGU. At that time
the LGU must decide who is the lead jurisdictional agency. The WCA does define
that a technical evaluation panel or "TEP" consisting of one Minnesota Board of
Water and Soil Resources member (BWSR), a County Soil and Water Conservation
District member, and an LGU designatee, will review the application for the
replacement of the wetland and base their recommendations on the following
principles (in order of priority):
1. Avoiding the direct or 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 implementation.
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
defined 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 replacement wetlands and filing
yearly reports on those wetlands with the BWSR. There are also issues of banking
wetlands and future refining and redefining of the law that are currently taking
place and will be taking place in the future. As an example, Subpart 18 of the Law
is the definition of fill. This definition is fifteen lines long 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 all
wetlands are protected; its just a matter of who or what agency has the
jurisdiction.
As stated, some refinement of the law 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. Developers 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
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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 specialize in this area. We can provide you with copies of
the WCA if you would desire.
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WATER RESOURCES WETLANDS
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MINNESOTA
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MINNESOTA STATE AND FEDERAL JURISDICTION OVER "WATERS"
(WETLAND TYPE FROM U.S. FWS, Circular 99)
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OHW
FED
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EPA CORPS - CWA, Section 404
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CORPS, RHA, Section
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STATE
— LGU's - WCA I
I LOU's - WCA
BWSR
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TYPE I
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NOT
TYPE 7 I TYPE
TYPE
TYPE I TYPE TYPE I TYPE TYPE WET
WET
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NAVIGABLE RIVER
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6 INCHES
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3 FEET
LESS THAN
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10 FEE,
LESS THAN
70 FEET
CWA =
CLEAN WATER ACT
RHA =
RIVERS AND HARBORS ACT OF 1899
WCA =
MINNESOTA WETLAND CONSERVATION ACf OF
1991
AGENCY
EXEMPTIONS
EPA =
U.S. ENVIRONMENTAL PROTECTION AGENCY
TYPE 1, UNFORESTED AGRICULTURAL LAND
CORPS
BWSR
= U.S. ARMY CORPS OF ENGINEERS
= BOARD OF WATER AND SOIL RESOURCES
TYPE 2. AGRICULTURAL LAND
MiSIONR
= MINNESOTA DEPARTMENT OF NATURAL RESOURCES
'CU =
LOCAL UNIT OF GOVERNMENT
LOCAL--STATE--FEDERAL PROTECT NOTIFICATION FORM
You may use this farm to notify the Minnesota Department of Natural Resources, the Army Corps of Engureers, and Yaar wun(Y and
muunicTal q foes of a project or :work you propose which may fall within thew jUADdicbm T hese Meru" should advise You of their
nuudicuon, if wry, within 45 days of receipt of this nogwatian. This form is provided as a convenience and its use is optionaL You
may, if You wish, apply for permits or authar=*0ns using standard agmq form Fill out this form completely and mail a copy, with
plmc4 maps, eta to each of the agencies listed on the reverse of the faun. Keep a copy of allmaterials submitted for your mm'dL You
must obtain aII reguwed authorizations before beginning work, Vw- latiom of locab State or Federal laws may be punishable byby
administrative; civil and/or criminal penalties
I. Applicant's Name (First, Last, M.I.) 1 Authorized Agent, if any / Area Code, Telephone
Address (Street, RFD, Bax Number, City, State, Zip Code)
II. LOCATION OF PROPOSED PROJECT (ATTACH DRAWING SHOWING HOW TO GET TO SITE)
Government lot(s) Quarter Section(s) Section(s) No. Township(s) No. Range(s) No. Lot, Bloch Subdivision
Fire No., Box No., or Project Address County Work will affect lake wetland waterway ag production
Waterbody Name, No. (if known)
ILL ESTIMATED PROTECT COST.• $ LENGTH OF SHORE AFFECTED (in feet):
IV. Volume of fill or excavation (cubic yds.): Area filled or excavated is acres, or square feet
(NOTE: You may substitute dimensions)
V: TYPE OF WORK AND AREA (Check all that apply): FILL EXCAVA7E REPAIR CONSTRUCT
REMOVE DRAIN DAM
SHORELINE WETZAND WATERWAY DOCK CULVERT BRIDGE LAKE
ACCESS PATH RIPRAP SAND BLANKET OTIM (describe):
WETLAND TYPES) AND ACREAGE(S) PROPOSED 710 BE FIII 0=AINED:
Attach drawings and planshwk de a description of any proposed cam mmtory mini awm Lnportmnc Idly any dtPurd and bo"Pw meas.
Describe the work below; how it would be done, what equipment would be used:
VI. PROJECT PURPOSE ( why is this project needed --what benefits will it provide?):
VII. ALTERNATIVES (describe any other sites or methods that could be used to achieve the purpose of your project while avoiding
or mki nixing wetland/water impacts: Attach additional sheets, if needed) -
V711. DATES-- Activity proposed to begin on: Be completed:
Has any of the work been done? NO YES (identify any completed work on drawing).
IX ADJOINING PROPERTY OWNERS (Attach list if more than two).
Name Address City State Zip
1.
2.
X. PERMITS have been received (enter an R) or already applied for (enter an A) from: DNR ARMY CORPS
COUNTY TOWN/CITY WATERSHED DISTRICT MN. POLLUTION CONTROL AGENCY.
Has an archaeological survey of the project site been done? If so, by whom:
XL I hereby notify the recipients of this form of the project proposed herein and request that I be advised of any permits or other
determinations concerning this project that I must obtain. I understand that proceeding with work before all required authorizations
are obtained may subject me to Federa4 State, and/or local administrative, civil and/or crimbud penalties.
DATE:
Signature of Person Proposing Project or Agent
<<< PLEASE CAREFULLY READ AND COMPLETE BACK OF FORM>>>
INSTRUCTIONS—PLEASE READ CAREFULLY
A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below.
Please check the appropriate spaces below to show everywhere you are sending this fora.. Remember to keep a copy for---,.ZZ;--
yourself. .Do NOT SEND ANY PERMIT PROCESSING FEES WITH THIS FORNL
MUNICIPAL GOVERNMENT (CITY OR TOWN) OR COUNTY ZONING OFFICE. SEND TO COUNTY IF YOUR PROJECT SITE IS
NOT IN A MUNICIPAL AREA. PLEASE LIST THE MUNICIPALITY OR COUNTY TO WHICH YOU ARE SENDING THE
FORM:
WATERSHED DISTRICT OFFICE (IF ONE EXISTS FOR YOUR PROJECT AREA).
PLEASE LIST DISTRICT OFFICE NAME:
MINNESOTA DEPT. OF NATURAL RESOURCES REGIONAL OFFICE.
YOUR LOCAL SOIL AND WATER CONSERVATION DISTRICT.
U.S. ARMY CORPS OF ENGINEERS. SEND TO:
Department of the Army, Corps of Engineers, St. Paul District;
ATTN: CO -R,180 Kellogg Blvd. E., Room 1421, St. Paul, MN 55101-1479
Note: The above agencies may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water
quality rules may apply to your proposal.
ATTENTION! FROM USDA: Any activity including drainage, dredging, filling, leveling or other manipulations,
including maintenance, may affect a landuser's eligibility for USDA benefits under the 1985 Food Security Act as
amended. Check with your local USDA office to request and complete Form AD -1026 prior to initiating activity.
IMPORTANT: Some of the above offices may allow this form to be used as a permit application 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 permits for your project under Section 10 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 familiar
with the information contained in this application, and that to the best of my knowledge and belief such information is true,
complete, and accurate. I further certify that I possess the authority to undertake the proposed activities or I am acting as
the duly authorized agent of the applicant.
Signature of Applicant
Date Signature of Agent Date
NOTE: The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a
duly authorized agent if the information requested below is provided.
Agent's Name: Agent's Title:
Telephone:
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or
fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
DO NOT SEND ANY PERMIT PROCESSING FEES WrM THIS FORM
omk%VPSUNI§=VC D OND
l`iT/J RECYCLED VAVEN