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2 <br />3 <br />4 <br />5 D��� a rt�� ���� i r��j�ru��a�I: <br />6 <br />� <br />� <br />L� <br />I �r <br />� ��� <br />REQUEST FOR COUNCIL ACTION <br />Manager Reviewed: <br />� <br />. � A r.�. <br />l <br />�,. � �.r;• � � �_�_������ •• <br />Item Description: 2986 W. Owasso Blvd Wetland Permit Application <br />DATE: 5/710? <br />ITEM NO.: 7_� <br />Agenda Section: <br />]; Baekground: The Wetland Conservation Act (WCA) was first passed in 1991 as Minnesota <br />]? Laws Chapter 354, as amended (codified, as amended, at Minnesota Statutes, section 103G.222- <br />].} ,2373 and in other scattered sections). Rules were promulgated by the Minnesota Board of Water <br />1� and Soil Resources in Minnesota Rules, chapter 8420, as amended (Rules). Draining, filling and <br />]� in some cases, excavating in jurisdictional wetlands is prohibited unless (a) the drain, fill, or <br />I{� excavation activity is exempt or (b) wetlands are replaced by restoring or creating wetland areas <br />I� of at least equal public value. The overall goal is no net loss of wetlands (Minnesota Rules, part <br />18 8420.0105). <br />I� <br />.��I_ The local government unit (LGi� has the primary responsibility for administering WCA and for <br />� I making l�ti k� determinations. In the Grass La�ce Water Management Or�anization the LGU for the <br />�� WCA is the City of Roseville. <br />� L <br />�� City staff has received an application from Marv Olson, the property owner of 2950 & 2986 W. <br />�; Owasso Blvd, to fill in a man made hole that was created adjacent to a jurisdictional wetland <br />��, located on his property. This hole was excavated in 2003 for aesthetic reasons, and has taken on <br />� r wetland characteristics over the last 3.5 years. These properties consist of 5 platted lots of <br />� 8 record, with 2 homes located on them. <br />�{� <br />�'�� The first step in any WCA investigation is to delineate the wetland boundaries on a project site. <br />3 I This was completed last fall by the Technical Evaluation Panel (TEP) which includes; the City of <br />�; Roseville, Ramsey Conservation District, the Board of Water and Soil Resources, Army Corps of <br />�� Engineers and the Department of Natural Resources <br />3� <br />�� <br />�� <br />3�? <br />�� <br />3� <br />�� <br />�I <br />�� <br />A wetland is defined by presence of (a) hydric soils, (b) surface or subsurface hydrology, and (c) <br />hydrophytic vegetation (Minnesota Rules, part 8420.0110, subpart 52). <br />As a part of the wetland delineation report, it was determined that there were 3 areas of wetland <br />on the properry owned by Mr. Olson. Wetland A is a Type 2, disturbed wet meadow, which is a <br />fringe wetland of Lake Owasso. Wetland B is a Type 3, shallow marsh. Finally, Wetland C is a <br />Type l, seasonally flooded basin. <br />�� According to the WCA, no approval is necessary for exempt activities, however, City code <br />�� 1016.25 A. 2. requires that exempt activities receive a perrr�it from the City Council. WCA <br />�5 specifies 10 categories of exempt drain and fill activities. (Minnesota Rules, part 8420.0122.) <br />�t� Notable exemptions include those for certain agricultural activities, maintenance of existing <br />�� public or private drainage systems, public utilities, road maintenance, man-made wetlands, and <br />�� previously approved developments. There is an absolute de minimis exemption for activities <br />��'� draining or filling less than 400 square feet. Other de minimi� exemptions range from 2,000 to <br />