WCA NOD - Erhart Property Wetland Delineation - 08072020BWSR NOD Form – November 12, 2019 1
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit: City of Chanhassen County: Carver County
Applicant Name: Timothy A & Dawne M Erhart Applicant Representative: The Pemtom Land Company
c/o Dan Blake
Project Name: Erhart Property Wetland Delineation LGU Project No. (if any): 2020-07
Date Complete Application Received by LGU: 07/07/2020
Date of LGU Decision: 08/07/2020
Date this Notice was Sent: 08/07/2020
WCA Decision Type - check all that apply
☒ Wetland Boundary/Type ☐ Sequencing ☐ Replacement Plan ☐ Bank Plan (not credit purchase)
☐ No-Loss (8420.0415) ☐ Exemption (8420.0420)
Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9
Replacement Plan Impacts (replacement plan decisions only)
Total WCA Wetland Impact Area:
Wetland Replacement Type: ☐ Project Specific Credits:
☐ Bank Credits:
Bank Account Number(s):
Technical Evaluation Panel Findings and Recommendations (attach if any)
☒ Approve ☐ Approve w/Conditions ☐ Deny ☐ No TEP Recommendation
LGU Decision
☒ Approved with Conditions (specify below)1 ☐ Approved1 ☐ Denied
List Conditions:
Decision-Maker for this Application: ☒ Staff ☐ Governing Board/Council ☐ Other:
Decision is valid for: ☒ 5 years (default) ☐ Other (specify):
1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project-
specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on
the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be vali d.
LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1.
☒ Attachment(s) (specify):
☒ Summary: Four wetlands were delineated on the property. The wetland types are as follows: Wetland 1 –
Type 1, Seasonally flooded basin; Wetland 2 – Type 6/2/3, Shrub-carr, wet meadow, shallow marsh; Wetland 3
– Type 2/3/5, Wet meadow, shallow marsh, open water; and Wetland 4 – Type 6/3/5, Shrub-carr, shallow
marsh, open water. In addition to those wetlands, one constructed stormwater basin was delineated along
with a small tributary that connects Wetland 2 and Wetland 3. The delineation boundary and type will be
approved upon receipt of the wetland boundary shapefile.
1 Findings must consider any TEP recommendations.
Attached Project Documents
BWSR NOD Form – November 12, 2019 2
☒ Site Location Map ☐ Project Plan(s)/Descriptions/Reports (specify):
Appeals of LGU Decisions
If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you
received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director
along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified
below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail.
The appeal should include a copy of this notice, name and contact information of appellant(s) and their
representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why
the decision is in error. Send to:
Appeals & Regulatory Compliance Coordinator
Minnesota Board of Water & Soils Resources
520 Lafayette Road North
St. Paul, MN 55155
travis.germundson@state.mn.us
Does the LGU have a local appeal process applicable to this decision?
☒ Yes1 ☐ No
1If yes, all appeals must first be considered via the local appeals process.
Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable)
Send $50.00 to 7700 Market Boulevard, PO Box 147, Chanhassen, MN 55317
Notice Distribution (include name)
Required on all notices:
☒ SWCD TEP Member: Aaron Finke ☒ BWSR TEP Member: Ben Carlson
☐ LGU TEP Member (if different than LGU contact):
☒ DNR Representative: Melissa Collins
☒ Watershed District or Watershed Mgmt. Org.: Terry Jeffery, Riley Purgatory Bluff Creek Watershed District
☒ Applicant: Timothy A & Dawne M Erhart ☒ Agent/Consultant: The Pemtom Land
Company c/o Dan Blake; Adam Cameron
Optional or As Applicable:
☒ Corps of Engineers:
☐ BWSR Wetland Mitigation Coordinator (required for bank plan applications only):
☐ Members of the Public (notice only): ☐ Other:
Signature:
Date: 08/07/2020
This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a
summary of the application to members of the public upon request per 8420.0255, Subp. 3.
BWSR NOD Form – November 12, 2019 3