CAS-07_AUDUBON ROAD RECONSTRUCTION PROJECT WAPF
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
Application of City of Chanhassen for a Wetland Alteration Permit to alter or fill wetlands in
conjunction with the Audubon Road Reconstruction Project — Planning Case 2010-07.
On May 18, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Carver County/City of Chanhassen for wetland alteration approval.
The Planning Commission conducted a public hearing on the proposed development preceded by
published and mailed notice. The Planning Commission heard testimony from all interested
persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The City of Chanhassen, as the Local Government Unit responsible for administration of the
Wetland Conservation Act, has reviewed the Joint Notification Application and submitted the
Joint Notification to the Board of Water and Soil Resources, the Carver County Soil and
Water Conservation District, the Department of Natural Resources and the United States
Army Corps of Engineers to solicit comments based upon their respective reviews.
2. The Applicant is proposing 560 square feet of permanent wetland impacts for the purpose of
constructing a mixed -use recreational trail in conjunction with the reconstruction of Audubon
Road from Lyman Boulevard to Lake Drive West.
3. Wetland Alteration (follows Conditional Use Permit criteria):
a. The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed project will be consistent with the objectives of the city's comprehensive
plan and the zoning chapter of the City Code.
c. The proposed project will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
SCANNED
e. The proposed project will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
f. The proposed project ill not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
g. The proposed project will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
h. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
The proposed project will be aesthetically compatible with the area.
k. The proposed project will not depreciate surrounding property values.
1. The proposed project will meet standards prescribed for certain uses as provided in this
article.
4. The planning report #10-07, dated May 18, 2010 prepared by Terry Jeffery, is incorporated
herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Wetland
Alteration Permit subject to the recommended conditions of approval contained within the staff
report.
ADOPTED by the Chanhassen Planning Commission this 18" day of May, 2010.
CHANHASSEN PLANNING COMMISSION
BY:
s an
Chanhassen City Council - June 14, 2010
Iv -bi
d. Approval of Wetland Alteration Permit for Audubon Road Reconstruction Project.
f. Audubon Road Reconstruction Project:
1. Resolution #2010-55: Approve Resolution Adopting a Street Reconstruction Plan
and Approving the Issuance of General Obligation Street Reconstruction Bonds for
Financing the 2010 Audubon Road Reconstruction Project.
2. Resolution #2010-56: Approve Resolution Authorizing a Fund Transfer to the EDA
for a Bond Sale to the City.
3. Resolution #2010-57: Approve Resolution Providing for the Issuance and Sale of
$1,540,000 General Obligation Temporary Street Reconstruction Bonds, Series 2010
and levying a Tax for the Payment Thereof.
g. Resolution #2010-58: Approve Resolution Amending No Parking Zone, Lotus Trail.
h. Resolution #2010-59: Approve Resolution Leasing Space for Vending Machines.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS: None.
PUBLIC HEARING: MEDICAL ARTS PARKING LOT REHABILITATION
PROJECCT 10-05.
Mayor Furlong: Mr. McDonald
Councilman McDonald: Yes Mr. Mayor. On this particular issue I may have somewhat of a
vested interest since I rent property over there so I would like to recuse myself from any further
discussions. I'll just go outside and when you're ready I'll come back.
Mayor Furlong: Ahight, thanks. Or just join us in the audience if you'd like. That'd befine.
Let's move then to a staff report on this matter.
Paul Oehme: Thank you Mayor, City Council members. I'd like to just give a brief presentation
on the proposed improvements at the Medical Arts and Colonial Square parking lot. The project
is located in the downtown of Chanhassen and incorporates the Medical Arts buildings here as
shown along 78's Street, Axel's restaurant and then also the Colonial Square building as well.
Parking facilities down there. So the existing conditions are shown here. The property owners
have requested that the parking lot at these facilities be upgraded, improved at this time in
conjunction with the Medical Arts building. The Colonial Square owner also has requested that
these parking lots for their facility also be upgraded at this time as well as the Medical Arts
parking lot. The City owns and has maintained the parking lot up into this point. The parking
lot is over 20 years old and is in need of repair. We do survey the parking lot every 3 years and
the paving condition index that we obtained 2 years ago is at 50 which is about half the life
expectancy of the parking lot so, if you consider 100 score being a brand new parking lot. So
there is an agreement between Medical Arts facilities, Axel's for the City to maintain those
parking lots and any improvement cost associated with the improvements to the parking lot
VA040
Chanhassen City Council - June 14, 2010
Mayor Furlong: That's the actual staff report. Well why don't we talk about that quickly, 1(f).
The actual staff report shows three recommended resolutions from the City. One, adopting the
street reconstruction plan and approving general issuance of general obligation bonds. The
second would be a resolution authorizing a fund transfer to the EDA for the bond sale. And the
third being a resolution providing for the issuance and sale of the general obligation temporary
street reconstruction bonds.
Greg Sticha: Yeah.
Mayor Furlong: Those would be the three items, that's in the staff report so that's what.
Greg Sticha: That's right.
Todd Gerhardt: The agenda doesn't coincide with the recommendation but the motion would be
to adopt the motion in the staff report.
Mayor Furlong: So those would be the three items.
Greg Sticha: Okay.
Mayor Furlong: Any other items then on the consent agenda? If not, is there a motion to adopt
items 1(a) through (h) excluding (e).
Councilman Litsey: So moved.
Mayor Furlong: Thank you. Is there a second?
Councilman McDonald: I'll second.
Councilman Litsey moved, Councilman McDonald seconded to approve the following
consent agenda items pursuant to the City Manager's recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated May 24, 2010
-City Council Verbatim and Summary Minutes dated May 24, 2010
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated May 18, 2010
-Park and Recreation Commission Verbatim and Summary Minutes dated May 25, 2010
b. Resolution #2010-53: Approve Change Order No. 1, Audubon Road Reconstruction
Project.
C. Resolution #2010-54: 2010 Infiltration/Inflow Project 10-06: Accept Quote for Smoke
Testing.
2
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CITY OF
CAANBASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952,227.1110
Building Inspections
Phone: 952.227.11 BO
Fax: 952.227.1190
Engineering
Phone: 952.227.11 BO
Fax: 952.227.1170
Rnance
Phone: 952.227.1140
Fax: 952227.1110
Pads & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Receation Coder
2310 Coulter Boulevard
Phone: 952,227.1400
Fax: 952.227.1404
Plampng &
Nab" Resources
Phone: 952227.1130
Fax:952.227.1110
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Terry Jeffery, Water Resource Coordinator
DATE: June 14, 2010 ow
SUBJ: Audubon Road Reconstruction Wetland Alteration Permit
Planning Case 2010-07
PROPOSED MOTION:
"The Chanhassen City Council approves the Wetland Alteration Permit
subject to the conditions of approval as specified on pages 3-4 in the staff
report, and adopts the Planning Commission's Findings of Fact of May 18,
2010."
City Council approval requires a majority vote of City Council present.
EXECUTIVE SUMMARY
The City of Chanhassen is proposing to reconstruct Audubon Road from Lyman Boulevard
to Lake Drive West. The project will involve upgrading a rural road section to an urban road
section. This will incorporate the construction of dedicated turn lanes, the installation of a
storm sewer conveyance system, the construction of a mixed -use recreational trail, and other
appurtenant facilities. This project is needed to meet the existing and anticipated average
daily trips generated on this road.
In order to accommodate the trail extension, 560 square feet of wetland will be permanently
impacted when the box culvert which conveys Bluff Creek is extended eight feet westward.
Compensatory mitigation for the impacted wetlands will be accomplished through the
withdrawal of wetland credits from the Minnesota Wetland Bank Account #127 owned by
the City of Chanhassen.
PLANNING COMMISSION ACTION
On May 18, 2010, the Planning Commission reviewed and voted unanimously (5-0) to
Public Works
recommend approval of the Wetland Alteration Permit. The Planning Commission minutes
1591 Park Road
Phone: 952,227.1300
are Item 1 a of the City Council packet.
Fax: 952.227,1310
RECOMMENDATION
Senior Center
Phone:952,227.1125
The Chanhassen City Council approves the Wetland Alteration Permit subject to the
Fax:952.227.1110
conditions on pages 3 and 4 of the attached staff report.
Weber
ATTACHMENT
www.d.chanhassen.maus
1. Staff report dated May 18, 2010.
2. Findings of Fact.
3. Wetland Alteration Permit. SCANNED
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CITY OF CHANHASSEN
PROPOSED MOTION:
PC DATE: May 18, 2010 ❑
CC DATE: June 14, 2010
REVIEW DEADLINE: June 15, 2010
CASE #: 2010-07
BY: TRJ
"The Chanhassen Planiting Gemmission FesomfRendds that the City Council approves the Wetland
Alteration Permit subject to the conditions of approval as specified on pages 3-4 in the staff
report.,,
And adoption of the attached findings of fact and recommendation.
SUMMARY OF REQUEST: Wetland Alteration Permit in conjunction with the
reconstruction of Audubon Road from a two-lane urban section with dedicated turn lanes and
construction of a mixed -use recreational trail and storm sewer infrastructure.
LOCATION: Bluff Creek — a public water between properties 8900 and 8950 Audubon Road
(PIDs 25-8250010 and 25-8090020) in Carver County, Minnesota.
APPLICANT: City of Chanhassen
Attn: Todd Gerhardt, City Manager
7700 Market Boulevard, P.O. Box 147
Chanhassen, MN 55317
PRESENT ZONING: Rural Residential
2020 LAND USE PLAN: Rural Residential
LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has limited discretion
in approving or denying wetland alteration permits, based on whether or not the proposal meets
the wetland alteration permit standards outlined in the Zoning Ordinance. If the City finds that
all the applicable wetland alteration permit standards are met, the permit must be approved. This
is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL SUMMARY AND BACKGROUND
The City of Chanhassen is proposing to reconstruct Audubon Road from Lyman Boulevard to
Lake Drive West. The project will involve upgrading a Waal road section to an urban road
section. This will incorporate the construction of dedicated turn lanes, the installation of a storm
sewer conveyance system, the construction of a mixed -use recreational trail, and other
Audubon Wetland Alteration Permit 2010-07
May 18, 2010
Page 2 of 4
appurtenant facilities. This project is needed to meet the existing and anticipated average daily
trips generated on this road.
In order to accommodate the trail extension, 560 square feet of wetland will be permanently
impacted when the box culvert which conveys Bluff Creek is extended eight feet westward.
Compensatory mitigation for the impacted wetlands will be accomplished through the
withdrawal of wetland credits from the Minnesota Wetland Bank Account #127 owned by the
City of Chanhassen. Because the trail is not considered a necessary safety upgrade for the road,
it is not eligible for the BWSR Road Replacement program.
The Joint Notification Application (see attachment 4) was submitted to the Carver County Soil
and Water Conservation District (SWCD), the Minnesota Board of Soil and Water Resources
(BWSR), the Minnesota Department of Natural Resources (DNR) and the United States
Department of the Army, Corps of Engineers for review and comment on April 22, 2010 as
required by state and federal law. The public comment period ends on May 17, 2010. As of the
time of this report, no comments had been received from the reviewing agencies. Any comments
received will be provided to the Planning Commission in a timely manner.
The City has taken efforts to minimize the proposed wetland impacts. These modifications
included narrowing the boulevard to seven feet, shortening the culvert extension by four feet, and
maintaining 3:1 slopes from the shoulder to the wetland. Consideration was also given to using
retaining walls or further narrowing the boulevard. hi both cases it was found to be impractical
to do so. Upon review of these plan revisions, it has been determined that impacts have been
minimized to the greatest extent practicable.
The replacement wetland must be located within the same watershed and replace similar
functions and values. If it does not, an increased mitigation ratio may be required. The wetland
bank is of the same wetland type and is located within the City of Chanhassen. Therefore the
replacement only requires a 2:1 ratio.
APPLICABLE REGUATIONS
The Wetland Protection Ordinance requires that development must first try to avoid any wetland
impacts. In it is determined that avoidance is not a reasonably attainable option, then every
reasonable effort must be made to minimize these impacts to the greatest extent practicable. Any
unavoidable impacts must be mitigated for at a ratio consistent with the Minnesota Wetland
Conservation Act: in this instance that ratio is 2:1.
ANALYSIS
It has been determined that there is no way to construct the mixed -use recreational trail along the
west side of Audubon Road without extending the existing box culvert to Bluff Creek. It is this
extension that results in the wetland impact. City staff has shortened the extension as much as
possible to minimize impact to the wetland as required by ordinance. These minimization
techniques included:
Audubon Wetland Alteration Permit 2010-07
May 18, 2010
Page 3 of 4
• Using four -foot box culvert pieces rather than six-foot pieces.
• Narrowing the boulevard from eight (8) feet to seven (7) feet.
• Maintaining a 3:1 slope down to the wetland.
The mitigation will occur at a 2:1 ratio. The compensatory mitigation involves the withdrawal of
0.0257 acres of wetland credit from Account #127 in Carver County. This account is located within
the City of Chanhassen and is managed by the City of Chanhassen.
FINDINGS
The Technical Evaluation Panel has met and reviewed the proposed project and found the following
to be true:
1. The impacts associated with this project have been avoided and minimized to the greatest extent
practicable.
2. The road reconstruction portion of the project is necessary to meet State design and safety
guidelines.
3. The proposed mitigation is appropriately sized, situated and is of the same wetland type.
Staff recommends that the Planning Commission adopt the following motion:
"Me PlanaiiW GowAnissian thm Chanhassen City Council approves Wetland
Alteration Permit #2010-07 for the reconstruction of Audubon Road and appurtenant facilities with
the following conditions:
1. The applicant shall submit the Application for Withdrawal of Wetland Credits from the
Minnesota Wetland Bank to the Board of Water and Soil Resources Wetland Bank
Administrator, and no impacts to wetland shall occur prior to the local authorities, the
account holder and the user of the credits having received a letter of approval from the
Wetland Bank Administrator stating that these credits have been debited.
2. A letter of percussion (LOP) or other approval from the United States Army Corps of
Engineers shall be received prior to any impacts to this wetland.
3. A DNR Waters permit shall be received from the Minnesota Department of Natural
Resources prior to any work within the wetland or Bluff Creek.
4. Per DNR rules, no activity affecting the bed of Bluff Creek may occur between April 1 and
June 30 to minimize the probability of impacts to fish spawning and migration.
Audubon Wetland Alteration Permit 2010-07
May 18, 2010
Page 4 of 4
5. Every reasonable effort shall be made to insure that no sediment or sediment -laden waters are
discharged to this wetland.
6. A signed "Landowner Statement and Contractor Responsibility for Work in Wetlands or
Public Waters" shall be provided to the City as the LGU for the Wetland Conservation Act
and the DNR Regional Enforcement Office."
ATTACHMENTS
1. Site Location Map.
2. Findings of Fact and Recommendation.
3. Notice of Application
4. Joint Notification Application.
5. Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank.
6. Public Hearing Notice Affidavit of Mailing.
gAplan\2010 planning cases\10-07 audubon mad reconstruction wap\pc staff report 5-I8-10 cc.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of City of Chanhassen for a Wetland Alteration Permit to alter or fill wetlands in
conjunction with the Audubon Road Reconstruction Project — Planning Case 2010-07.
On May 18, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Carver County/City of Chanhassen for wetland alteration approval.
The Planning Commission conducted a public hearing on the proposed development preceded by
published and mailed notice. The Planning Commission heard testimony from all interested
persons wishing to speak and now makes the following:
FINDINGS OF FACT
The City of Chanhassen, as the Local Government Unit responsible for administration of the
Wetland Conservation Act, has reviewed the Joint Notification Application and submitted the
Joint Notification to the Board of Water and Soil Resources, the Carver County Soil and
Water Conservation District, the Department of Natural Resources and the United States
Army Corps of Engineers to solicit comments based upon their respective reviews.
2. The Applicant is proposing 560 square feet of permanent wetland impacts for the purpose of
constructing a mixed -use recreational trail in conjunction with the reconstruction of Audubon
Road from Lyman Boulevard to Lake Drive West.
3. Wetland Alteration (follows Conditional Use Permit criteria):
a. The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed project will be consistent with the objectives of the city's comprehensive
plan and the zoning chapter of the City Code.
c. The proposed project will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed project will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
f. The proposed project ill not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
g. The proposed project will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
h. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
i. The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
The proposed project will be aesthetically compatible with the area.
k. The proposed project will not depreciate surrounding property values.
1. The proposed project will meet standards prescribed for certain uses as provided in this
article.
4. The planning report #10-07, dated May 18, 2010 prepared by Terry Jeffery, is incorporated
herein.
The Planning Commission recommends that the City Council approve the Wetland
Alteration Permit subject to the recommended conditions of approval contained within the staff
report.
ADOPTED by the Chanhassen Planning Commission this 18th day of May, 2010.
CHANHASSEN PLANNING COMMISSION
Ulf
Its Chairman
Minnesota Wetland Conservation Act
Notice of Application
Local Government Unit (LGU) Address
City of Chanhassen 1700 Market Blvd, PO Box 147
Chanhassen MN 55317
1. PROJECT INFORMATION
Applicant Name
Project Name
Date of
Application
City of Chanhassen
Audubon Road Reconstruction
Application
Number
PW10-02
AprB22,
WAP10-01
2010
Type of Application check all that apply):
❑ Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing
M Replacement Plan ❑ Banking Plan
esi �
The City of Chanhassen, as part of their on -going infrastructure maintenance and replacement program,
will be reconstructing Audubon Road from Lake Drive West to Lyman Blvd. As part of this project,
dedicated tam lanes and a multiple use recreational path will be added. In order to accommodate these
additions and maintain a safe clear zone, a total of eight feet needs to be added to the west end of the
existing box culvert which conveys Bluff Creek under Audubon Road. This will result in 560 square feet
of impact to a Type 3 wetland. The City of Chanhassen proposes to mitigate for these losses at a 2:1 ratio
by withdrawing 1120 square feet of Type 3 wetland credits from wetland bank account 127 owned and
managed by the City of Chanhassen.
2. APPLICATION REVIEW AND DECISION
Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp.
3 provides notice that an application was made to the LGU under the Wetland Conservation Act as specified
above. A copy of the application is attached. Comments can be submitted to:
Name and Title of LGU Contact Person
Terry Jeffery
Water Resources Coordinator
Comments must be received by (minimum 15
business -day comment period):
May 17 2010
Address (if different than LGU)
Date, time, and location of decision:
6/14/2010 @ 7:OOPM
Chanhassen Council Chambers
7700 Market Blvd Chanhassen MN
Phone Number and E-mail Address
Decision -maker for this application:
952.227.1168
❑ Staff
tjeffery@cLchanhassen.mn.us
M Governing Board or Council
Date: Ann 22 2016
BWSR Forms 11-25-09 _1�1k Page 1 of
3. LIST OF
® SWCD TEP member: Greg Graczyk
® BWSR TEP member: Ken Powell
❑ LGU TEP member (if different than LGU Contact):
M DNR TEP member: Mike North
❑ DNR Regional Office (if different than DNR TEP member)
M WD or WMO (if applicable): Mark Enochs, CH2HM
❑ Applicant (notice only) and Landowner (if different)
❑ Members of the public who requested notice (notice only):
Corps of Engineers Project Manager (notice only) Christina Carballal
BWSR Wetland Bank Coordinator (wetland bank plan applications onl,
4. MAILING INFORMATION
➢For a list of BWSR TEP representatives, see: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA_areas.pdf
➢For a list of DNR TEP representatives, see: www.bwsr.state.mn.us/wetlands/wca/DNR_TEP_contacts.pdf
)O-Department nfNntnmi Resnnmea Revinnal Offices:
NW Region:
NE Region:
Central Region:
Southern Region:
Reg. Env. Assess. Ecol.
Reg. Env. Assess., Ecol.
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Div. Ecol. Resources
Div. Ecol. Resources
Div. Ecol. Resources
Div. Ecol. Resources
2115 Bnchmont Beach Rd. NE
1201 E. Hwy. 2
1200 Warner Road
261 Hwy. 15 South
Bemidji, MN 56601
Grand Rapids, MN 55744
St. Paul MN 55106
New Um, MN 56073
For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dni_regions.pdf
➢For a list of Corps of Project Managers, see: www.mvp.usace.army.miUregulatory/defoult.asp?pageid=687
or send to: Dept of the Army, Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638
➢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
5. ATTACHMENTS
In addition to the application, list any ott.
M Plan and Profile View of Crossing
M Narrative
BWSR Forms 11-25-09 Page 2 of 2
CITY OF
CHANHASSEN
Adminatrabon
Memorandum
TO: Greg Grazcyk, Carver County SWCD
Ken Powell, MN BWSR
Christina Carballal, US ACOE
John "Jack' Gleason, MN DNR
Michael North, MN DNR
COPY: Mark Enochs, CH2MHill for RPBCWD
DATE: April 22, 2010
Building Inspections RE: Chanhassen Project PW 10-02: Audubon Road Reconstruction Project
Joint Notification Application
Engineering
Park ii Remation
Recreation Center
Planning 8
Naha Resauces
PUWIC Works
Senior Center
Web Site
Please find attached to this memorandum a Joint Notification Application for the
impact and subsequent mitigation plan for 560 square feet of Type 3 wetland adjacent
to Bluff Creek in Chanhassen, MN. The impact is a result of extending the box culvert
under Audubon Road eight feet to the west. The impacts will be mitigated for by
withdrawing 1120 square feet of wetland credit from wetland bank account 127.
Also included with this submittal is an exhibit, prepared by SRF showing the delineated
wetland boundary, a drawing of the culvert in both plan view and cross -sectional view
and an application for withdrawal of wetland credits.
Comments will be accepted until May 10, 2010. Please direct your comments to:
Terry Jeffery
Water Resources Coordinator
City of Chanhassen
7700 Market Blvd, PO Box 147
Chanhassen, MN 55317
tiefferv@ci.chanhassen.mn.us
Your time and attention are appreciated. Should you have any questions or wish to
request additional information, please contact Terry Jeffery at 952.227.1168.
Chanhassen is a Community for Life - ` :... - _ . _ ... - -
NA-026620-03B
(V.2.02 for MS WORD) 9.' 172007
Form for Water/Wetland Projects
For Internal Use Only
Application No. Field Office Code Date Initial Application Received Date initial Application Deemed Complete
PART I: BASIC APPLICATION
`See HELP directs you to important additional information and assistance in Instructions. Page 1.
I. LANDOWNER/APPLICANT CONTACT INFORMATION (See Hdp 1)
Name: City of Chanhassen. Attn: Todd Gerhardt Phone: 952.227.1100 E-mail: tgerhardt@ci.chanhassen.mn.us
Complete mailing address: 7700 Market Blvd, PO 147. Chanhassen, MN 55317
IA. AUTHORIZED AGENT (Set Help 1.4) (Only ifapplicable: an agent is nol required)
Name: Terrance Jeffery Phone: 952.227.1168 E-mail: geftery@ci.chanhassen.mn.us
Complete mailing address: 7700 Market Blvd, PO 147. Chanhassen, MN 55317
2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed)
Name or I.D. # of Waters Impacted (if applicable; if known): Bluff Creek
(Check all that apply): ❑ Lake ® River ❑ Circular 39 Wetland type: 0 I, ❑ 1 L, [12.[] 3, ❑ 4, ❑ 5, ❑ 6, ❑ 7, ❑ 8
Wetland plant community type': ❑ shallow open water, ❑ deep marsh, ❑ shallow marsh, ❑ sedge meadow, ❑ fresh meadow.
❑ wet to wet-mesic prairie, ❑ calcareous fen, ❑ open bog or coniferous bog, ❑ shrub-carr.'alder thicket,
❑ hardwood swamp or coniferous swamp, ❑ floodplain forest, ® seasonally Flooded basin
Indicate size of entire lake or wetland (check one): ® Less than 10 acres (indicate size: 0.46 ac) ❑ 10 to 40 acres ❑ Greater than 40 acres
3. PROJECT LOCATION (Information can befound on propene' taz statement. properi)- title or title insurance):
Project street address: 8900 & 8950 Audubon Rd Fire #: City (if applicable): Chanhassen
v Section: NE Section: 22 Township u: 116N Range #: 23W County: Carver
Lot #: Block: 1 Subdivision: Sunridge Watershed (name or#) UTM location: N E
Attach a simple site locator map. If needed, include on the map written directions to the site from a known location m landmark, and
provide distances from known locations. Label the sheet SITE LOCATOR AMP.
4. T\ PE OF PROJECT: Describe the ape of proposed work. Attach TYPE OF PROJECT sheet if needed.
The City of Chanhassen is improving Audubon Road and adding a multiple use trall From Lake Drive West to Lyman Blvd. See attached narrative for
loaner discussion.
S. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to
construct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project. This is the
most important part of your application. See HELP 5 before completing this section; see What To Include an Plans (Instructions,
page 1). Atach PROJECT DESCRIPTION sheet.
This project is intended to improve the condition and safety to Audubon Road. See attached narrative for a more detailed discussion.
Footprint of project: acres or 560 square feet drained, filled or excavated.
6. PROJECT ALTERNATIVES: What altematives to this proposed project have you considered that would avoid or minimize impacts
to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of which may be "no
build" or "do nothing"), and explain why you chose to pursue the option described in this application over these altematives. Attach
PROJECTALTERNATIVES sheet if needed.
The option to not improve Audubon Road was discussed and dismissed due to safety and capacity concerns. The elimination of the trail was
considered but this was not consistent w/ the City's Comprehensive Plan a Master Parks 8 Trail Plan. See attached.
7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10.000 square feet of water or wetlands, list the complete
mailing addresses of adjacent property ownerson an attached separate sheet. (See HELP 7)
8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? ❑ Yes []No. If
yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8)
9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or
have already been approved or denied on a separate attached shect. See HELP 9.
10. 1 am applying for state and local authorization to conduct the work described in this application. I am familiar with the information
contained in this application. To the best of my knowledge and belief, all information in Part 1 is true, complete, and accurate. 1 possess
the authority to tin make the work described. or I am acting as the duly authorizgAgcm of the applicant.
-2/-10
Ignantre ofopplicant(Lamdowner) Dale Signor o agent fifapplicoble) Date
TM btatl mrlhsipNMebe peso¢.bdnenmwhmate eM T.•• d+mvn'rd br Me �auY P^V�^J r�BMsbdo n.Ifonh eh Ap-m hls vkxd.CHA*r XlxM1a upvalt Yu��s4^stl b}IM1c hNou�w,.
t^w1 rceesryaueMvalsm b IM1e Area.
'SM X'MuIrlrXaaM/ywrC sainn o/NiniraMeW Mixwavn(EQmaNeeee.rr/]/atWakd br lime aosN orwnn,ed%it aeia,.� 1'2I1ad(tales AMi Caryl sr Eneiaeen
Minnesou Local Sute'Federal Application Fomns for N'ateriWetiand Projects
Page I
The public burden for thiscollenwn of information is estimated to acetage 10 hours per respoeae. although the majority of applIcasom should require 5 hoursm less. This includes
the timefx reskuing imtructiom. searchingexistingdata sources. gatheringand maimainina the data needed,andcmmpleungaid resiewingthecollect.. of.cfamvi Send
comments regarding then burden estimate or any other aspect of thn collection of information including sugjp nuns for reducing this burden, to Department of Defense. Washington
Ileadywners Senxe Directanta o(Inlomamn Operatiom aM Rtpotu. I215leRenon Dasis Haghwa). Suite 120s, Arlington. \'A 22202-4302: and w the Ohfire o(Nfamger=nt
and Budget. Papnu ork Reductwn Pw)w 1071U00031, Washington DC 20503. Respondents should be aaare that rwmidstanding any other provision of tau, w person shall be
subject m am penalty fm failmg w conpl% u ith a colkalon of informatwn if it dots twi dnpla% a currentl% salid OMB comol number. Please DO NOT RETURN %our hxin to
rnher of Neu addresses. Cmryktad applications must he submitted to the District rngineer Hs3ngjunda'tlon oser the location of the proposed activm.
PRIVACI" ACT STATEMENT: Asap nties: Ricers and Harbors Act Se rlon 10. 33 USC 403: Clean Water Act. Section 404.31 USC 1344. Man= Protection Research and
limcru esi Aci, 33 USC 1413, Sealwa 103. Principal purpose: Information prosded on this form %ill be used to ewluating the application for a permit Rani= uses: This
tnfonmatann ma) be shared with the Department of Justice and other Federal. state. and local goscmmncnt agencies. Submission of requested information n colmmn. haw w. if
utfamnation is rotor ided. the tKnnn 1 I alma be ImtN nor can It rennit be ri
ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS
L APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 1 4. DATE APPLICATION COMPLETED
I YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS.
All applicants must complete non -shaded items 5 and 26. If an agent is used, also complete items 8 and I I. This optional Federal form is v and
for use only when included as part of this entire state application packet.
5. APPLICANT'S NAME
City of Chanhassen. Attn: Todd Gerhardt
6. APPLICANT'S ADDRESS
7. APPLICANT'S PHONE NO.
8. AUTHORIZED AGENT'S
9. AGENTS ADDRESS
IQ AGENTS PHONE NO.
TITLE (an agent is tla required)
0-__ .-
11. STATEMENT OF AUTHORIZATIOS of upp1i,.h1,: , omp1roe onhifawhoriring an agent)
I hereby authorize to act on my behalf as my agent in the processing of this application and to famish, upon request.
supplemental information in support of thietp��eemit application.
APPLICANTS SIGNATURE: /7a4✓ -\���"+ DATE:
12. PROJECT NAME OR TITLE law instructions)
13. NAME OF WATERBODY, IF KNOWN (if applicable)
14. PROJECT STREET ADDRESS (if applicable)
15. LOCATION OF PROJECT
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (sin inactions)
17. DIRECTIONS TO THE SITE
19. NATURE OF ACTIVITY
19. PROJECT PURPOSE
20, REASON(S) FOR DISCHARGE
21. TYPES OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES NO _ IF YES, DESCRIBE COMPLETED WORK
24. ADDRESSES OF ADJOINING PROPERTY OWNERS,
25. LIST OF OTHER CERTIFICATIONS OR APPROVALSIDENIALS RECEIVED FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR
WORK DESCRIBED IN THIS APPLICATION.
26. Application is hereby made for a permit or permits to authorize the work described in this application. 1 certify that the information in this
application is complete and accurate. 1 further certify that I possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the applicant.
r � r -
/
Signature of applicant Date �Signa fagetn(irmy) Date
The application must be signed by the person who desires to undertake the proposed activity (applicam). or it may be signed by a duly authorized agent if
the staterne l in Black I 1 has been filled out and signed. 18 U.S.C. Section 1001 provides that: WToeva. in any manner within the jurisdiction of any
department or agency of the United Stares knowingly and willfully falsi tics. conceals, or covers up with any trick, scheme. or disguises a material fact or
nukes any false, fictitious a fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false.
fictitious or fraudulent statements or entry, shall be fined not more than S 10.000 or impnsoned not more than five years or both.
ENG FORM 4345. Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
Minnesota LocaLState' Fccleral Application Farmer for Water -Wetland Projects
Page 2
FOR LGL ISE ONL\
Dcterminalinn for Part l: ❑ No WCA Jurisdiction
❑ Exempt No. _ (per MN Rule 8420.0122)
❑ No Loss: _ (A,B,...G, per MN Rule 8420.0220)
❑ Wetland Boundary or type
❑ Replacement required -applicant must complete Pan II
COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT IS NOT REOUIREM
Application is (check one): ❑Appmrcd ❑Appmsed with conditions(conditions attached) ❑Denied
Comments Findings:
LGL'.>�cial sigrwmre D�+rr
Yame and Tide
For Agricultural and Drainage exemptions (MN Rule 8420.0122 Suhps. 1 and 28), LGL has reccised proof of recording of restrictions
(per MN Rule 9420.0115):
Counts' n'here recorded Dole D.Knmenf # assigned hs'rex order
LGL'+>,cial sigmmre Date
\linnesom Local State. Federal Application Forms for Water:%\ etland Pmjes"
Page 3
Instructions For Part 11
Complete those portions of Part II: Replacement Plan Supplement for which information is readily available (such as location. existing land use. size
of impact area, etc.) A person certified in wetland delineation must determine items pertaining to specific wetland impacts (wetland Type,
predominant vegetation, watershed name, etc.) Contact the local ;oil and %cater con,en ation district (SWCD) office for further information on
obtaining such items.
What to Include on Plans
Detailed overhead views of replacement site(s) (Part II ). as well as profile view(s) of replacement sites) (Part 11). may be either hand drawn,
computer generated or professionally prepared, as long as they contain all necessary information clearly, accurately, and in adequate detail. Please
include specific dimensions whenever possible. You may also include photos, if you wish.
Overhead views of Part 11 replacement site(s) should include the following items that pertain to your project:
Property boundaries and%or lot dimensions.
Location and extent of shoreline, wetlands and water.
Location and dimensions of proposed project, structure or activity. Include length, width, elevation and other measurements as appropriate.
Points of reference (such as existing homes, structures, docks or landscape features).
Location of inlet and outlet structures.
Indication of north.
Location of spoil and disposal sites (if applicable).
Areas of wetland and upland plants established.
Profile views (side or cross -sectional views) should include the following items that pertain to your project:
Location and dimensions of proposed project- structure or activity. Include elevation, depth, soil profile, side slope and other
measurements as appropriate.
Proposed water level elevation.
Final Checklists
Part II: Replacement Plan Supplement
❑ Have you completed all of PartH (pa cc, '-> i'
❑ Did you (or your agent) sign Section 19 on page 51
❑ Have you included the necessary attachments for Part I17
Attachments must include:
❑ If the project includes any wetland banking (complete or partial), include Application for Withdrawal of Wetland Credits Form (Section 14)
❑ If the project includes any project -specific replacements (complete or partial), include:
Description of Replacement Wetland(s) Construction (Section IS)
Copy of vegetation management plan (Section 15)
Scale drawing of overhead view or replacement wetland (Section 18)
Scale drawing of profile view of replacement welland (Section 18)
Attachments may also include:
❑ Additional description of Wetland Impact Charts (Section 11) (if additional space was needed)
❑ Additional Description of Replacement Wetlands charts (Section 17) (if additional space was needed)
❑ Additional soils information for created replacement wetland(s) (Section 18) (if available)
Note: To deposit surplus wetland credits in the State Wetland Bank, submit a Wetland Banking Application directly to your LGU (Section 16).
Preparing Your Application for Mailing
❑ To apply for both state and Federal authorization, your application must include Part I (Page 1). the Federal application (Page 2), and
attachments as indicated on Final Checklist for Part / (Instructions, Page 2).
❑ Your application must also include Part 11 (Pages 3-5) and additional attachments as indicated on Final Checklistfor Part /!(above).
❑ Make three copies of the entire application and all attachments. Keep the original, and mail the three copies to the appropriate local, state,
and Federal agencies (see Instructions for Part I for addresses).
Minnesou Lecat Sute Federal Application Forms for A ater. Wetland Projects
Instructions Page 3
PART II: REPLACEMENT PLAN SUPPLEMENT
Fur assismn. a ur swnphvmg Puri IL onrai I yrur ! ur,d I...n n'nnrrnl L hiI , n u pnJn,runul nrnsalmnl
11. DESCRIPTION OF WETLAND IMPACTS: Complete the than below: 1) Use one row of boxes for each wetland impact: s_) If your project has more
than one wetland impact, reference your overhead view (pan of Section 5) to this than by identifying and labeling "tint impaef' and "second impact -on
your overhead vie%p 3) if you are identifying only one wetland type within a given wetland impact area. use the first dotted line and leave the others blank:
11 If you hale chosen to identify more than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each wetland type. and
identify predominant vegetation and six of impacted area for each separate Welland type within that impact area; 5) If you do not have access to some of
this information, call our LGU or SWCD once tier assistance. rPh�,ro,„eat rl.or±/„r rn„rr i,npurn. !/nrrJrJ I
DESCRIPTION OF WETLAND IMPACTS
Wetland impact
(as noted on
overhead view)
Watershed
name or
number (if
known)
Watershed
and Bank
Service
Area
Wetland plant
community
type'
Predominant
vegetation in
impacted
wetland area
Size of area
impacted
(in acres or
square
feet)
Existing land use in project
area (check all that apply)
33 - MN
9
3
Phalads
560 SF
® Housing
River
arundinacea
❑ Commercial
First
Shakopee
-------------- -----
...... ------------
---------------
------------
❑ Industrial
impact
❑ Parkslrecreation areas
® Highways and
------------------
------------
associated rights -of -way
---------------------....
❑ Forested
❑ Farmsteadslagricultural
❑ Vacant lands
❑ Public and semi-public
(schoolslgov't facilities)
❑ Airports
Second
--------------
---------------
---...-------...
------.-----.
❑Extractive (gravel
impact
pits/quarries)
❑ Other:
' if you are identifying only one wetland type within a given wetland impact area, use the first dotted line and Ieave the others blank. If you have chosen to identify more
than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each separate wetland type, and identify predominant vegetation and size
of impacted area for ewb separate wetland tv with that impact area.
TOTALS OF AREA(S) IMPACTED FOR EACH NETLAND TYPE ON CHART (indicute ucres ❑ ur sgtmre feet &
A ctland plant communim hpe': Shallow open water Deep marsh: Shallow Marsh: 560 Sedge meadow:
Fresh wet meadow: N"et to wet mesic prairie: Calcareous fen: Open bog or moifrrous bog: Shrub care or alder thicket:
Hardwood swamp or coniferous swamp: Floodplain forest Seasonally flooded basin
12. SPECIAL CONSIDER4TIONS: Are you aware of any special considerations that apply to either the impact site(s) or the replacement site(s)" ® Yes ❑ No
(Examples: the presence ofendangered species. special fish and wildfire resources, sensitive surface waters. or waste disposal site.) If YES, list and describe briefly.
This wetland is immediately adjacent to Bluff Creek a 303d impaired water.
13. SHORELAND IMPACT ZONE: Please identify each wetland impact site noted in Section 15 that is within 1000 foci of a lake or 300 feet of a river.
This welland is in a shoreland impact zone.
' See Weiland Plants and Plant Communities of Minnesota and Risconsin fEggers and Reed, 1997) as modified by the Board of %%ater and
Sniff Resources, United Stales Army Corps of Engineers.
Minnesota Local State Federal Application Fortes for w"ater N"etland Projects
Page 4
14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be accomplished (check only oat box below
and continue as indicated):
A. wetland banking credits only
Complete Application J r 11'ithdrawal of Wedarol Credits Form and include with your application. Copies of this form arc available from your LGU, or
download a copy from www.bwsrsuite.mn.us
Skip to Section 19. page 6 (You do not need to complete Sections 15-18).
❑ B. Project -specific replacement only
Continue with Section 15 below.
❑ C. A Combination of wetland banking and project -specific replacement. If using project specific replacement that will result in surplus wetland credit
that you propose to deposit in the suite wetland bank for fumrc use, then you most subrnit a wetland banking application directly to your LGU before or
concurrently with submittal of this form. Also. Complete.4plithatism fw Withdrowvl o f Weiland Credits Form and include with your application. Copies
of this form and the Overland banking application is available from your LGU, or download a copy from www.bwsr.state.mn-us
Continue with Section 15 below.
15. DESCRIPTION OF REPLACEMENT WETLANDS) CONSTRUCTION (Complete this secilon only Kyoto marked Rot Bar Box C in Section
14 above):
Describe in detail how replacement wetland(s) will be constructed. If several methods will be used describe each method. Details should include the
following: 1) type of comantction (such as excavated in uplaa restored by tile break, textured by ditch block or rccegetated I: ?) type. size and
specifications of outlet gmemres: 3) elevations relative (oMean See Level or established benchmarks or kcy features (such as silL emergency overflow or
sinwaire height); 4) what best management practices will be implemented to prevent actions or site degradation; 5) proposed tirneablc for starting and
ending the project; and 6) a vegetation management plan. write this description on a sepmate sheet of paper labeled DESCRIP770N OF REPL4CE.VE.\T
11'£TL4N'D COA'STRL'CTIO.V.
16. SURPLUS WETLAND CREDITS: If using project -specific replacement ( Box B or Box C in Section 14 above). will the replacement result in any
surplus %viand credits that you wish to have deposited in the State Weiland Bank for fumrc use ❑ Yes (3 No. If yes. submit a Weiland Banking
Application directly to your LGU before at concurrently with submittal of this form. Copies arc available from your LGU, or dovmload a copy from
www.bwsrsuuc.mn.us
17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the than below: I Use one row of boxes for each wetland replacement site: ?) If
your project has more that one wetland replacement site, reference yourovehead view (part of Section 5) to this than by identifying and labeling "first
replacement site' and "second replacement site' on your overhead view; 3) if you are identifying only one wetland type within a given replacement site, use
the first dated Iinds) and leave the others blank; 4) If you have chosen to identify more than one wetland type in a given replacement site. use the extra dotted
lines to indicate each separate wetland type- and identify type(s) of replacement credits and'7esmred or crealed'* for rich separate wetland type with that
replacement site; 5) If you do not have access to some of the information. or if you do not know your replacement ratio, call your LGU or SWCD oITce for
assistance. Phonwoprehanfiw mnwelandreplacements,ifneeded) -
nFBr..RIPTION OF REPLACEMENT WETLANDS
Identify
Watershed
County
Section,
Wetland
Type(s) of replacement credits
Restored
Wetland
name or
Township.
Plant
=n acres or square feet)
or
replacement
number
Community
created?
site
(if known)
Range
Type'
New Wetland
Public Value
Indicate
(as noted on
Bank Service
Credits (NWC)
Credits (PVC)
R or C
overhead view)
Area
Name of
First-----
--------
--------------------------------------------
replacement
site
Name of
Second._-----
.............----...._
-- ----------------
---- -----
replacement
------------
site---------------
-------
--•-------------------
If you are identifying only one %viand type within a given wetland impact area, use the
first dotted line and leave the others blank. If you have chosen m identify more than one TOTAL NWC TOTAL PVC
%viand type within a given weland impact ama, use the extra doned lines m indicate each
separate %eland ripe, and identity predominant vegetation and size of impacted area for REQUIRED REPLACEMENT RATIO:
each separate %etined type within that impact area.
/If knmyn)
Welland plant community hpe: Shallow open water: Deep manhShallo% )Loh: Sedge meadow
Fresh %el ineadnw: yy v to. c( mesic prairie: Calcareous fen: Open bog or coniferous hog: Shrub Carr or alder thicket:
Hardwood swamp or coniferous swamp: Floodplain forest SeawnaBs flooded basin
a See Weiland Plants and Plant Communities of.1finnesofo and if isconsin (Eggers and Reed. 199) as modified by the Board of \\'titer and
Soil Resources, United States Army Corps of Engineers.
%linnesom Local State federal Application Forms for Ovate. Weiland Project
Page 5
18. ADDITIONAL INFORMATION REQUIRED FOR PROJECT -SPECIFIC REPLACEMENT (Required only if you marked Box 8 or Box C in Section 14):
For projects inoly ing at least some project -specific replacement, include the following additional information:
❑ Two drawings to male of the replacement wetland- Include both overhead view and profile (side view or cross -sectional view). See ll'har nr lmiude on Plans
(Instructions, Page 3) fora detailed description of what should be included in these drawings. Without drawings, your application will be considered incomplete.
❑ For created replacement xetlands, include additional wits information (if available) that indicates the capability of the site to produce and maintain wetland
charactenstics.
Note 1: For replacement wetlands located on pipeline nsemeats, you need to receive endorsement of your project from both the easement holder and the Minnesota
Department of Public Safety's Office of Pipeline Safety. Before start of construction, the owner of any utilities must be notified. Tbe landowner or contractor s
responsible for giv ing this notice by calling "Gopher State One -Calf' at 632-434d002 1 Twin Cities Memo Area) or 1-800-252-1166 (ail other locations).
Note J: For extensive or complex projects supplementary information may be requested at a later dated Gorr one or more of the responding agencies.
Such information may include (but not be limited to) the following: topographic map. water table map, soil borings, depth soundings, aerial photographs,
environmental assessment andor engineering reports.
19. SIGNEDAFFIRMATION:
FOR PROJECTS IN%OLv"ING REPLACEMENT BY WETLAND BANKING ONLY. To the best of my knowledge and belief, all information in Pan 11 is true,
completeand accurate; and I affirm that the wetland losses will be replaced via withdrawal from an account in the Suite Wetland Bank.
FOR PROJECTS INVOLVING EITHER PROJECT -SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF WETLAND BANKING
AND PROJECT -SPECIFIC REPLACEMENT:
Part A: The replacement xetland. I affirm that the replacement wetland was not:
Previously restored or created under a prior approved replacement plan or permit: AND
Drained or filled under an exemption during the previous 10 years; AND
Restored with financial assistance from public con en ation programs: AND
Restored using private funds, other than landowner funds, unless the funds are paid back with interest to the individual or organization that funded the restoration; and
the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacemenx
Part B: Additional assurances (check all that apply).
® The wetland will be replaced before or concurrent with the actual draining or filling of a wetland.
❑ An irrevocable bank Inter of credit, performance bond, or other acceptable security has been pray ided to guarantee successful completion of the wetland replacement.
❑ The wetland losses will be replaced v is xithdraual from an account in the State Wetland Bank.
PartC. For projects involving any project -specific replacement: Within 30 days ofeither receiving approval of this applintion or bcgiming work on the project. I
will word the Declaration of Restrictions and Covenants on the deed for the property on which the replacement weland(sl will be located and I will at the same time
submit proof of such wording to the LGU.
To the best of my knowledge and belief, all information in Pan it is true, complete and accurate; and I affirm all suitemenis in Pan A and C, as well as
checked assurance(s) in Part B.
Signature or applicant or agent
FOR LGU USE ONLY
Replacement plan is (check one): []Approved
Dale
❑Approved with conditions (conditions attached) ❑ Denied
LGIi ofliciul signature
Date
LGU has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wcd3nd:
Countr where rer mAed Dare Dt eumenr 4 aysignedGt• recorder
LGU official signature Dare
Minnesota Local State Federal Application Forms for Water Weiland Projects
Page 6
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APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS
FROM THE MINNESOTA WETLAND BANK
Return Original to BWSR—Transaction may not be processed without original signatures
1. PROPOSED USER OF CREDITS
Name(s) City of Chanhassen
Address: 7700 Market Blvd, PO Box 147
Chanhassen, MN 55317
City State ZIP
Day Phone (952)227.1168
Other Phone (952 )227.1 160
3. OWNER I SELLER OF CREDITS
Account No. 127 Watershed No. 33
County: Carver Bank Service Area 9
Name of Seller. City of Chanhassen
Te NaxKefAnlhorizedRepresentative)
SAof Seller Authorized Representative)
2. Impact Site Information
County carver Major Wtrshd No.33
Bank Service Area 9
/, NE'/. Sec 22, Twp.l 16N, Rge 23 W
of Wetland Impact: 0.01286 acres
and Types' Impacted: 3
Plant Communities impacted': Shallow Marsh
Required Replacement Ratio: 2:1 WCA / local / COE
Amount to be replaced using Bank Credits:0.01286
Amount replaced on site: 0
Project Name: Audubon Road Recom action Project
Attach replacement plan if additional detail is needed.
4. Regulating Authority(ies) Approving
the Use of Wetland Bank Credits
Replacement Plan approved by (check all that apply):
® Local WCA LGU: City of Chanhassen (Print agency name)
Local Permit #10-01
❑ U.S. Army Corps of Engineers: Permit #
❑ MN Dept. of Natural Resources: Permit #
❑ Natural Resources Conservation Service: Permit
Other authority involved:
O Enclosed 61 transaction fee, payable to 'Board of \1 ater h Soil Rewurces.-
S. CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. 127
Credit
NWC, PVC
.Acres
Wetland
Welland Plant Community
Cost
Sub -Group
or SWC
withdrawn
Type
(per acre)
A
NWC
n.0' 7
Shallow Marsh
S43.166
[pick one]
[pick one]
[pick one]
[Pick One]
[pick one]
[Pick One]
Total,:
z: r,-4i4.nW ti. Fee Total (Total cost x 0.065= s7'_.11
'Letters signify credit sub -groups, which represent wetland areas with different wetland characteristics.
`Circular 39 hypes: I, 1 L. 2, 3.4, 5, 6, 7, 8, R. U (for Upland Buffer).
'Welland plant community type: shallow open water, deep marsh, shallow marsh, sedge meadow, fresh meadow, wet to wet-mesic prairie.
calcareous fen, open bog or coniferous bog, shrub-carr.'alder thicket, hardwood swamp or coniferous swamp, 0oalplain forest, seasonally
flooded basin, or upland buffer. See W'er/and Plants and Plant Commanides oj.lifinnesola and Wisconsin (Eggers and Reed, 1997) as
modified by the Board of Water and Soil Resources, United States Army Corps of Engineers.
Page I of 2
BWSR Form: wca-bank-05-withdra%al.doc
Revised 10/26109
6. CERTIFICATION OF USER OF WETLAND CREDITS
The proposed user of credits hereby certifies that he/she: a) either owns the subject wetland credits or has entered into an
agreement to purchase said credits, subject to the approval of all applicable regulatory authorities and b) has filed appropriate
plans, specifications and application forms with all applicable regulatory authorities that describe the wetland or water resource impact.%
for %hictflp
/f Jeect nd creditsTwIettllized for mitigation purposes.
'" vV Todd Gerhardt /v
AWWMied Signature of Proposed User of Credits PRINT Name Date
7. REGULATOR}' AUTHORITY' APPROV'AL(S)
The following authorized representatives of the regulatory authority lies) identified on page 1 of this application hereby certify that
they have: a) verified that the subject wetland credits are deposited in the account of the owner / seller, b) approved a wetland
replacement plan or other water resource impact under their jurisdiction, and c) approved the proposed use of the wetland bank
credits described herein.
Terrance Jeffery
PRINT Name of WCA LGU Official
PRINT Name of Other Regulatory Official (if any)
Agency Address of Other Regulatory Official
Signature of Authorized WCA LGU Official Date
Signature of Other Authorized Official Date
8. CERTIFICATION OF OWNER / SELLER OF CREDITS
I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certify that:
1) the credits described in this application have either been sold to the user of credits or I will use them to
mitigate wetland impacts for my oven project,
2) 1 have received payment in full from the buyer (if applicable),
3) the credits have not been sold or used in any way to mitigate wetland losses other than for the project
and location identified in the project site information block on the previous page,
4) the subject wetland credits should be withdrawn my account,
5) 1 will not have a negative balance of credits after the subject credits are debited from my account, and
6) the Annual Fee for this account has been paid (or will be with an enclosed check).
.Authorized Signature of Owner / Seller of Credits Date
9. BWSR APPROVAL AND DEBITING OF ACCOUNT
I hereby certify that the credits have been properly debited from the subject account, effective the date of signature.
Authorized Signature Date
Upon approval by BWSR, a copy of this instrument will be mailed to the user of the credits, all regulatory authorities involved, the account holder
and the Board Consenationist. A letter will also be sent to the account holder acknowledging the debit and new account balance.
IMPORTANT REMINDERS
I. The Owner i Seller of the credits is responsible for submittal of this form, containing original signatures, to the BWSR
Wetland Bank Administrator so the affected account can be properly debited.
2. No impacts to any wetland or other water resource may commence until the credits have been debited from the Minnesota
Wetland Mitigation Bank and a copy of this approval has been mailed to the regulatory authority(ies), the account holder and
the user of the credits.
3. It is a criminal offense for a seller of wetland credits to sell credits more than one time. It is the responsibility of the account
holder to report any credit sales that are not noted on the most current official BWSR account balance.
Page 2 of 2
BWSR Form: wca-bank-05-withdrawal.doc
Revised 10126./09
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
May 6, 2010, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice of Public Hearing for
Audubon Road Reconstruction Wetland Alteration Permit — Planning Case 10-07 to the
persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the United
States mail with postage fully prepaid thereon; that the names and addresses of such owners were
those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and
by other appropriate records.
Subscribed and sworn to before me
this !gL"- day of Mj2W 2010.
,. KIM T. MEUWISSEN
�. Notary Public -Minnesota
W C nniasion Expires Jan 31. 2015
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, May 18, 2010 at 7:00 P.M. This hearing may not start until
later in the evening, depending on the order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Request for a Wetland Alteration Permit in conjunction with the
reconstruction of Audubon Road
Applicant:
City of Chanhassen
Property
Adjacent to Bluff Creek between 8900 & 8950 Audubon Road
Location:
I A location map Is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
What Happens
public hearing through the following steps:
1. Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us/serv/plan/l0.07.html. If you wish to
talk to someone about this project, please contact Terry
Questions &
Jeffery by email at tiefferv@ci.chanhassen.mn.us or by phone
Comments:
at 952-227-1168. If you choose to submit written comments, it
is helpful to have one copy to the department in advance of
the meeting. Staff will provide copies to the Commission.
The staff report for this item will be available online on
the project web site listed above the Thursday prior to the
Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial/industrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, lease contact the Piannina Staff person named on the notification.
Date & Time:
Tuesday, May 18, 2010 at 7:00 P.M. This hearing may not start until
later in the evening, depending on the order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request for a Wetland Alteration Permit in conjunction with the
Proposal:
reconstruction of Audubon Road
Applicant
Citv of Chanhassen
Property
Adjacent to Bluff Creek between 8900 & 8950 Audubon Road
Location:
A location map Is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
What Happens
1. Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us/serv/plan/10.07.html. If you wish to
talk to someone about this project, please contact Terry
Jeffery by email at tiefferv@ci.chanhassen.mn.us or by phone
Questions &
at 952-227-1168. If you choose to submit written comments, it
Comments:
is helpful to have one copy to the department in advance of
the meeting. Staff will provide copies to the Commission.
The staff report for this item will be available online on
the project web site listed above the Thursday prior to the
Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party Is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial/industrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal, Staff is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, lease contact the Planning Staff person named on the notification.
BARRY L & SUZANNE L LIBENGOOD CHRIS B & LESLIE J ERICKSON CYNTHIA F BONGARD TRUSTEE
8950 AUDUBON RD 1831 SUNRIDGE CT 8831 AUDUBON RD
CHANHASSEN MN 55317-8412 CHANHASSEN MN 55317-9663 CHANHASSEN MN 55317-9407
DANIEL K & ROBIN L EDMUNDS
1861 SUNRIDGE CT
CHANHASSEN MN 55317-9663
IND SCHOOL DIST 112
11 PEAVEY RD
CHASKA MN 55318-2321
DARYL W & CATHERINE M HARTSEL
1851 SUNRIDGE CT
CHANHASSEN MN 55317-9663
JEFFREY W & GAIL H MOODY
1800 SUNRIDGE CT
CHANHASSEN MN 55317-9663
DENNIS CHADDERDON
8900 AUDUBON RD
CHANHASSEN MN 55317-8412
LOIS R DEGLER
9111 AUDUBON RD
CHANHASSEN MN 55317-9412
MICHAEL J & JOANNE COCHRANE STEPJEN J & MARY P MONSON TIMOTHY C BOYCE
1751 SUNRIDGE CT 8850 AUDUBON RD 8941 AUDUBON RD
CHANHASSEN MN 55317-9663 CHANHASSEN MN 55317-9407 CHANHASSEN MN 55317-8412
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of City of Chanhassen for a Wetland Alteration Permit to alter or fill wetlands in
conjunction with the Audubon Road Reconstruction Project — Planning Case 2010-07.
On May 18, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Carver County/City of Chanhassen for wetland alteration approval.
The Planning Commission conducted a public hearing on the proposed development preceded by
published and mailed notice. The Planning Commission heard testimony from all interested
persons wishing to speak and now makes the following:
FINDINGS OF FACT
The City of Chanhassen, as the Local Government Unit responsible for administration of the
Wetland Conservation Act, has reviewed the Joint Notification Application and submitted the
Joint Notification to the Board of Water and Soil Resources, the Carver County Soil and
Water Conservation District, the Department of Natural Resources and the United States
Army Corps of Engineers to solicit comments based upon their respective reviews.
2. The Applicant is proposing 560 square feet of permanent wetland impacts for the purpose of
constructing a mixed -use recreational trail in conjunction with the reconstruction of Audubon
Road from Lyman Boulevard to Lake Drive West.
3. Wetland Alteration (follows Conditional Use Permit criteria):
a. The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed project will be consistent with the objectives of the city's comprehensive
plan and the zoning chapter of the City Code.
c. The proposed project will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed project will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
f. The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
g. The proposed project will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
h. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
i. The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
j. The proposed project will be aesthetically compatible with the area.
k. The proposed project will not depreciate surrounding property values.
1. The proposed project will meet standards prescribed for certain uses as provided in this
article.
4. The planning report #10-07, dated May 18, 2010 prepared by Terry Jeffery, is incorporated
herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Wetland
Alteration Permit subject to the recommended conditions of approval contained within the staff
report.
ADOPTED by the Chanhassen Planning Commission this 18'h day of May, 2010.
CHANHASSEN PLANNING COMMISSION
IWA
Its Chairman
2
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
WETLAND ALTERATION PERMIT #2010-07
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants a wetland alteration permit to allow for 560 square feet of permanent wetland
impacts.
2. Property. The permit is for property situated in the Cities of Chanhassen and Chaska,
Carver County, Minnesota, described as follows:
Bluff Creek, a Water of the State of Minnesota, west of Audubon Road at the convergence
of property 25-8080020 and 25-8250010 in Carver County, Minnesota.
3. Conditions. The Wetland Alteration Permit was approved as shown on the plans dated
April 23, 2010 and subject to the following conditions:
a. The applicant shall submit the Application for Withdrawal of Wetland Credits from
the Minnesota Wetland Bank to the BWSR Wetland Bank Administrator and no
impacts to wetland shall occur prior to the local authorities, the account holder and
the user of the credits having received a letter of approval from the Wetland Bank
Administrator stating that these credits have been debited.
b. A letter of permission (LOP) or other approval from the United States Army Corps of
Engineers shall be received prior to any impacts to this wetland.
c. A DNR Waters permit shall be received from the Minnesota Department of Natural
Resources prior to any work within the wetland or Bluff Creek.
d. Per DNR rules, no activity affecting the bed of Bluff Creek may occur between April
1 and June 30 to minimize the probability of impacts to fish spawning and migration.
e. Every reasonable effort shall be made to insure that no sediment or sediment laden
waters are discharged to this wetland.
L A signed "Landowner Statement and Contractor Responsibility for Work in Wetlands
or Public Waters" shall be provided to the City as the LGU for the Wetland
Conservation Act and the DNR Regional Enforcement Office.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penaltv. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: June 14, 2010
CITY OF CHANHASSEN
M
SEAL
LM
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of
2010, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
Notary Public
DRAFTED BY:
City of Chanhassen
690 City Center Drive
Chanhassen, MN 55317
(952))227-1100
g:\plan\2010 planning cases\10-07 auduboo road reconstruction wap\wetland alteration pemtiLdoc
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MAY 18, 2010
Chairwoman Larson called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Debbie Larson, Kevin Ellsworth, Denny Laufenburger, Tom Doll and
Andrew Aller
MEMBERS ABSENT: Mark Undestad and Kathleen Thomas
STAFF PRESENT: Bob Generous, Senior Planner; and Terry Jeffery, Water Resources
Coordinator
ALTERATION PERMIT IN CONJUNCTION WITH THE RECONSTRUCTION OF
CHANHASSEN.
Terry Jeffery presented the staff report for this item.
Larson: Denny, have you got any?
Laufenburger: I do. Terry, would you put up the one where you showed the road and then the
length of the boulevard. I have a couple questions about that.
Jeffery: The photograph?
Laufenburger: Yeah, photography. Yes please. Now you said the edge of the road which
currently exists, and that's a rural road. You classify that as a rural road, right? So show us
where will the edge of the road be after construction.
Jeffery: After construction the edge of it will be approximately this. It'll be plus or minus a
foot.
Laufenburger: Okay. Right about where the gravel is right now.
Jeffery: Yeah.
Laufenburger: Okay. And then what's the next.
Jeffery: Then we will have a 7 foot grass boulevard.
Laufenburger: Okay.
SCMNFD
Chanhassen Planning Commission - May 18, 2010
Jeffery: Then we will have a 12 foot trail and then from there we'll have a 1 foot clear zone then
we'll come down at 2 1/2 to 1.
Laufenburger: Okay. And in order to do that you only need to extend the box 8 feet, is that
correct?
Jeffery: That is correct.
Laufenburger: So you will actually remove the, let's see right now it's, it's that triangle piece.
So that will be taken out?
Jeffery: That will be removed. That will be salvaged and that will be replaced so there's going
to be two 4 foot sections that will go in, and rather than come in at the, it's about 3 foot, 2 to 3
foot, 3 to 1 right now. We'll increase that grade to 2 V2 to 1.
Laufenburger: Okay, good. That answers that question. Now can you go back to where you
describe where the sewer line is, you're taking some sewer out. Yeah, right there. So you're
taking that out but are you going to divert the sewer under the creek?
Jeffery: Now what happens is, I thought I brought a profile sheet. In fact I'm pretty sure I did.
Ellsworth: Which way is north in this picture?
Jeffery: North would be this way. Here's the new pond... If you think about it, we'll doodle.
Pardon my doodling and I don't know if I can doodle upside down. If you think about the
current crown in the road and then we have shoulder and then we actually have a ditch on either
side. So here's center line of road and then here's where our drainage.
Laufenburger: And I'm looking north, okay?
Jeffery: Yep.
Laufenburger: Is that what you're saying?
Jeffery: Yep. Right. So now instead what we'll do is, we'll extend it out and there'll be curb
and gutter put in and the grades will move into here so will actually sheet flow onto the road
where it can fade through the curb and gutter into the storm sewer system and brought down to
the pond. Do you want to look at this one?
Larson: No, the other side. Yep, it's upside down. It says there was a cattle crossing?
Jeffery: Yep, right here.
Larson: Really.
2
Chanhassen Planning Commission - May 18, 2010
Jeffery: Yep, and it is still there. And that will be, we aren't going to remove it but we are going
to bulk head.
Larson: How is it marked or is it marked?
Jeffery: It's not marked.
Larson: It's just assumed.
Jeffery: It's under the road. If you went down just to their driveway, it's overgrown with
vegetation. There isn't a clear path into it but it's there.
Larson: Kevin, have you got anything? Or Denny, are you finished? I'm sorry.
Laufenburger: No, that's all I had. Thank you very much. No.
Ellsworth: Terry could you talk just a little bit about banking of wetlands. For instance the
property north of Erhart's, that's natural wetland. How do you get a bank started and how do
you monitor it and take out of a bank? Maybe you can explain a little bit of that at least.
Jeffery: Existing wetland cannot be banked so what is done is either, a degraded wetland, an
agricultural wetland where drain tile or something was going through, or something that was
vegetatively degraded or it was pasture land, we could take and restore. That would then be
reviewed by the Technical Evaluation Panel which would then, well the Army Corps of
Engineers, Board of Water and Soil Resources and Carver County Soil and Water Conservation
District and in this case the City. Whoever the LGU is. That would then get deposited into the
BWSR bank. Board of Water and Soil Resources bank and there are, if you go onto the web site
there are a number of accounts that are for sale and then there are accounts like our's that are
hidden from public view, not because we're being sneaky but because it's not available for
public sale. It's our's to use. So then we look at, and as part of our permitting process, it might
even be in your packet. Yes, on the, well they aren't really pages. It will look like this. It's
really a simple ledger sheet. They know how many square feet we have of each type of wetland
within the bank, and they'll divide it into sub groups. In this case A. We have A, B and C in
this one. A is a Type 3 shallow marsh. We have B which is a Type I seasonally flooded basin
and then we have C and D which are two different types of public value credit which tend to be
buffers, storm water treatment, although storm water treatment's no longer considered public
value so they've redistributed that. But we will, with the approval of the local government and
the Technical Evaluation Panel that request to withdraw a certain amount of credits from our
bank from that sub group. BWSR then will write a letter back to us saying those credits have
been debited and then we'll just have a new balance left on our bank. The process of getting a
bank, I would like to get more banks in here. It tends to be quite complicated.
Larson: Does it cost the City that?
Chanhassen Planning Commission -May 18, 2010
Jeffery: The City does not have to pay the $43,166. That is based upon sale of credits in Carver
County over the last 5 years. They come up with an average price per acre. We have to pay the
tax on that $43,166 but we do not have to pay the $43,166.
Ellsworth: Terry, another question. Wetland Type 3, I saw that in quite a few references but on
the, it was on the basic application for that Minnesota Local/State/Federal Application form for
Water/Wetland. It talks about wetland Type I. Is it just that, both seem to be Circular 39 and I
didn't look too deep into those definitions but I didn't know if there was, if that was an
inconsistency there.
Jeffery: No, that's a great catch. That is a typographic error. That should read Type 3 that
you're referring to right here?
Ellsworth: Correct.
Jeffery: And that should be Type 3.
Ellsworth: I was just trying to follow it and I lost track there.
Jeffery: Thank you.
Ellsworth: Trying to understand. That was it.
Larson: Okay, how about you Tom?
Doll: No questions.
Larson: No? Andrew?
Aller: No questions, thanks.
Larson: Well I just have one. Getting back to your, can you show the picture of the road? Okay
so just extending on past the, it's going to be road up to the one line with the gutters and all that,
then green grass and then the trail you said was going to be, what?
Jeffery: 12 feet.
Larson: Now is that, is that like dirt or is that paved?
Jeffery: No, this will be a bituminous trail.
Larson: Oh, okay. Okay. Okay. That was the only question I had.
Laufenburger: Bike worthy.
Jeffery: Correct.
4
Chanhassen Planning Commission - May 18, 2010
Laufenburger: Existing right-of-way or.
Jeffery: It is all existing right-of-way. There are a few places where we'll need to get an
encroachment agreements with property owners and I believe at some of the intersections we
will need to acquire some right-of-way but not in this area here.
Aller: Just one last quick question. And on the ratios, it's a 2 to 1 for the exchange?
Jeffery: Correct.
Aller: And it's a 3 to 1 on the slope?
Jeffery: It is 2 1/2 to 1 on the slope. Yep. 3 to 1 on the, oh I'm sorry. 2 to 1, I was thinking you
were talking about replacement ratio. No, the side slope coming down right now is a little over 3
to 1. We are going to steepen that to 2 1/2 to 1. 2 �h to 1. Again buy us that impact.
Aller: Is that a change from what the original application is?
Jeffery: No.
Laufenburger: Madam Chair, just one last question if I can.
Larson: Yeah.
Laufenburger: Terry there's a tree that seems to be encroaching on the south side of the, of the
box culvert and does, will that tree be saved or is that not even a, maybe it's not even a hard
wood tree. Right, just right there, yeah.
Jeffery: That will be removed. I don't think there would be any way to avoid removing it. Just
staging it alone. We'll be building a coffer dam across, on the water behind it. Replace it. Since
we are pooling the water we don't want to create a flooding hazard for anybody or remove
anything that really makes it a more laborious task.
Laufenburger: I just, that tree seems to provide very good cover I guess or kind of to hide the
appearance for those may choose to hide it. Will you replace it with other landscaping?
Jeffery: It is my intent to put boulevard plantings in there and trees down in that area. One for
the, because this is private property. There are two landowners own right up to public water so it
would be my preference to be as unobtrusive as possible through there. Not to mention, as you
pointed out kind of tongue in cheek, it is considered a trout stream but not at this point but down
below so shading wouldn't hurt.
Larson: Okay, is that all you've got? Thank you Terry. At this time I will open up the meeting
to a public hearing. Don't all rush up at once guys. Seeing nobody stepping up I will close the
public hearing and we'll talk about it. What do you think Andrew?
Chanhassen Planning Commission -May 18, 2010
Aller: I think they've done a good job of taking a look at the melioration that is needed and
required. I think they fulfilled all the State requirements as I see it and through the questions it's
clear that the public safety issues were looked at. The meliorations and the ratios were looked at
so I think it's bound to be approved.
Larson: Okay. Tom.
Doll: I think it will work.
Larson: Kevin.
Ellsworth: Looks fine to me, yeah.
Larson: Okay.
Laufenburger: Yeah I think the real test for me would be if any of the neighbors came forward
and said hey, you know you're impacting me but they're not doing that so I would have to
assume this is all good so.
Larson: I think so too and I think you know redoing that road and adding this to it, it will all
make sense. But with that have I got a motion from anyone?
Aller: Madam Chairman I would move that the Chanhassen Planning Commission recommend
that the City Council approve the Wetland Alteration Permit subject to the conditions of approval
as specified on pages 3 and 4 in the staff report and then the adoption of the attached Findings of
Fact and Recommendations.
Larson: Do I have a second?
Doll: Second.
Larson: Alright, we'll take a vote.
Aller moved, Doll seconded that the Chanhassen Planning Commission recommends that
the Chanhassen City Council approves Wetland Alteration Permit #2010-07 for the
reconstruction of Audubon Road and appurtenant facilities with the following conditions:
I. The applicant shall submit the Application for Withdrawal of Wetland Credits from the
Minnesota Wetland Bank to the Board of Water and Soil Resources Wetland Bank
Administrator, and no impacts to wetland shall occur prior to the local authorities, the
account holder and the user of the credits having received a letter of approval from the
Wetland Bank Administrator stating that these credits have been debited.
2. A letter of permission (LOP) or other approval from the United States Army Corps of
Engineers shall be received prior to any impacts to this wetland.
R
Chanhassen Planning Commission -May 18, 2010
3. A DNR Waters permit shall be received from the Minnesota Department of Natural
Resources prior to any work within the wetland or Bluff Creek.
4. Per DNR rules, no activity affecting the bed of Bluff Creek may occur between April 1 and
June 30 to minimize the probability of impacts to fish spawning and migration.
5. Every reasonable effort shall be made to insure that no sediment or sediment -laden waters are
discharged to this wetland.
6. A signed "Landowner Statement and Contractor Responsibility for Work in Wetlands or
Public Waters" shall be provided to the City as the LGU for the Wetland Conservation Act
and the DNR Regional Enforcement Office.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPROVAL OF MINUTES: Commissioner Laufenburger noted the verbatim and summary
minutes of the Planning Commission meeting dated April 20, 2010 and the summary minutes of
the work session meeting dated May 4, 2010.
COMMISSION PRESENTATIONS: None.
CITY COUNCIL ACTION UPDATE.
Larson: Was that what that sheet was that you gave us earlier?
Laufenburger: Yep, one page.
Generous: Well it's May 10`s they approved the PUD amendment. They haven't had any other
public hearings. And then the other thing was just a reminder that you do have the joint work
session at 6:00 Monday the 20. It's in the Fountain Conference Room.
Larson: Okay.
Generous: And that was just, we had those goals and they're just an update. So we had
something to hold onto.
Larson: That was so nice of you. Thank you for doing that. Okay well with that I think that we
are adjourned, is that correct? Anything else?
Chairwoman Larson adjourned the Planning Commission meeting at 7:25 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
7
CITY OF CHANHASSEN
PROPOSED MOTION:
PC DATE: May 18, 2010 ❑
CC DATE: June 14, 2010
REVIEW DEADLINE: June 15, 2010
CASE #: 2010-07
BY: TRJ
"Me Chanhassen Planning Commission recommends that the City Council approves the Wetland
Alteration Permit subject to the conditions of approval as specified on pages 34 in the staff
report ,
And adoption of the attached findings of fact and recommendation.
SUMMARY OF REQUEST: Wetland Alteration Permit in conjunction with the
reconstruction of Audubon Road from a two-lane urban section with dedicated turn lanes and
construction of a mixed -use recreational trail and storm sewer infrastructure.
LOCATION: Bluff Creek — a public water between properties 8900 and 8950 Audubon Road
(PIDs 25-8250010 and 25-8090020) in Carver County, Minnesota.
P
APPLICANT: City of Chanhassen
Attn: Todd Gerhardt, City Manager
7700 Market Boulevard, P.O. Box 147
Chanhassen, MN 55317
PRESENT ZONING: Rural Residential
2020 LAND USE PLAN: Rural Residential
LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has limited discretion
in approving or denying wetland alteration permits, based on whether or not the proposal meets
the wetland alteration permit standards outlined in the Zoning Ordinance. If the City fords that
all the applicable wetland alteration permit standards are met, the permit must be approved. This
is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL SUMMARY AND BACKGROUND
The City of Chanhassen is proposing to reconstruct Audubon Road from Lyman Boulevard to
Lake Drive West. The project will involve upgrading a Waal road section to an urban road
section. This will incorporate the construction of dedicated turn lanes, the installation of a storm
sewer conveyance system, the construction of a mixed -use recreational trail, and other
$CANNED
Audubon Wetland Alteration Permit 2010-07
May 18, 2010
Page 2 of 4
appurtenant facilities. This project is needed to meet the existing and anticipated average daily
trips generated on this road.
In order to accommodate the trail extension, 560 square feet of wetland will be permanently
impacted when the box culvert which conveys Bluff Creek is extended eight feet westward.
Compensatory mitigation for the impacted wetlands will be accomplished through the
withdrawal of wetland credits from the Minnesota Wetland Bank Account #127 owned by the
City of Chanhassen. Because the trail is not considered a necessary safety upgrade for the road,
it is not eligible for the BWSR Road Replacement program.
The Joint Notification Application (see attachment 4) was submitted to the Carver County Soil
and Water Conservation District (SWCD), the Minnesota Board of Soil and Water Resources
(BWSR), the Minnesota Department of Natural Resources (DNR) and the United States
Department of the Army, Corps of Engineers for review and comment on April 22, 2010 as
required by state and federal law. The public comment period ends on May 17, 2010. As of the
time of this report, no comments had been received from the reviewing agencies. Any comments
received will be provided to the Planning Commission in a timely manner.
The City has taken efforts to minimize the proposed wetland impacts. These modifications
included narrowing the boulevard to seven feet, shortening the culvert extension by four feet, and
maintaining 3:1 slopes from the shoulder to the wetland. Consideration was also given to using
retaining walls or further narrowing the boulevard. In both cases it was found to be impractical
to do so. Upon review of these plan revisions, it has been detemvned that impacts have been
minimized to the greatest extent practicable.
The replacement wetland must be located within the same watershed and replace similar
functions and values. If it does not, an increased mitigation ratio may be required. The wetland
bank is of the same wetland type and is located within the City of Chanhassen. Therefore the
replacement only requires a 2:1 ratio.
APPLICABLE REGUATIONS
The Wetland Protection Ordinance requires that development must first try to avoid any wetland
impacts. In it is determined that avoidance is not a reasonably attainable option, then every
reasonable effort must be made to minimize these impacts to the greatest extent practicable. Any
unavoidable impacts must be mitigated for at a ratio consistent with the Minnesota Wetland
Conservation Act: in this instance that ratio is 2:1.
ANALYSIS
It has been determined that there is no way to construct the mixed -use recreational trail along the
west side of Audubon Road without extending the existing box culvert to Bluff Creek. It is this
extension that results in the wetland impact. City staff has shortened the extension as much as
possible to minimize impact to the wetland as required by ordinance. These minimization
techniques included:
Audubon Wetland Alteration Permit 2010-07
May 18, 2010
Page 3 of 4
• Using four -foot box culvert pieces rather than six-foot pieces.
• Narrowing the boulevard from eight (8) feet to seven (7) feet.
• Maintaining a 3:1 slope down to the wetland.
The mitigation will occur at a 2:1 ratio. The compensatory mitigation involves the withdrawal of
0.0257 acres of wetland credit from Account #127 in Carver County. This account is located within
the City of Chanhassen and is managed by the City of Chanhassen.
FINDINGS
The Technical Evaluation Panel has met and reviewed the proposed project and found the following
to be true:
1. The impacts associated with this project have been avoided and minimized to the greatest extent
practicable.
2. The road reconstruction portion of the project is necessary to meet State design and safety
guidelines.
3. The proposed mitigation is appropriately sized, situated and is of the same wetland type.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission recommends the Chanhassen City Council approves Wetland
Alteration Permit #2010-07 for the reconstruction of Audubon Road and appurtenant facilities with
the following conditions:
1. The applicant shall submit the Application for Withdrawal of Wetland Credits from the
Minnesota Wetland Bank to the Board of Water and Soil Resources Wetland Bank
Administrator, and no impacts to wetland shall occur prior to the local authorities, the
account holder and the user of the credits having received a letter of approval from the
Wetland Bank Administrator stating that these credits have been debited.
2. A letter of permission (LOP) or other approval from the United States Army Corps of
Engineers shall be received prior to any impacts to this wetland.
3. A DNR Waters permit shall be received from the Minnesota Department of Natural
Resources prior to any work within the wetland or Bluff Creek.
4. Per DNR rules, no activity affecting the bed of Bluff Creek may occur between April I and
June 30 to minimize the probability of impacts to fish spawning and migration.
Audubon Wetland Alteration Permit 2010-07
May 18, 2010
Page 4 of 4
5. Every reasonable effort shall be made to insure that no sediment or sediment -laden waters are
discharged to this wetland.
6. A signed "Landowner Statement and Contractor Responsibility for Work in Wetlands or
Public Waters" shall be provided to the City as the LGU for the Wetland Conservation Act
and the DNR Regional Enforcement Office."
ATTACHMENTS
1. Site Location Map.
2. Findings of Fact and Recommendation.
3. Notice of Application
4. Joint Notification Application.
5. Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank
6. Public Hearing Notice Affidavit of Mailing.
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61
Affidavit of Publication
Southwest Newspapers
CITY OF CHANHASSEN
CARVER & HENNEPIN
COUNTIES
State Of Minnesota
NOTICE OF PUBLIC HEARING
PLANNING CASE NO. 10-07
)SS.
NOTICE IS HEREBY GIVEN
that the Chanhassen Planning
County of Carver )
Commission will hold a public
hearing on Tuesday. May 18, 2010,
at7:00p.m. intheCouncilChambem
in Chanhassen City Hall, 7700
Market Blvd. The purpose of this
Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized
hearing is to consider a request for
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
a Welland Alteration Permit in
lager and has full knowledge of the facts herein stated as follows:
conjunction with the
mconstructionofAudubonRoadon
property located adjacent to Bluff
(A) These newspapers have complied with the requirements constituting qualification as a legal
Creek between 8900 and 8950
, provided Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as
newspaper, pro by pp
Audubon Road. Applicant City of
amended.a
Chanhassen..
A plan showing the location of the
�I
(B) The printed public notice that is attached to this Affidavit and identified as No. V 3 7 d
proposal is available for public
was published on the date or dates and in the newspaper stated in the attached Notice and said
review on the City's web site at
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
ww ci cha_ bassen.ninaisZaeryZ
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
plan/10-07.hUW or at City Hall
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
during regular business hours.
and publication of the Notice:
All interested persons are invited
to attend this public hearing and
abcdefghgklmnopq
express their opinions with
respect to this proposal.
I
,
Terry Jeffery, Water Resources
(�
Coordinator
B .
Email:
Laurie A. Hartrnann
ttefferyC ci cha_ h s n
Phone: 952-227-1168
(Published in the Chanhassen
Subscribed and sworn before me on
Villager on Thursday, May 6, 2010;
No. 4370)
this day of f�\ n2010
JYMME J. BARK
NOTARY PUBLIC - MINNESOTA
My Commission Expires 01/31/2013
Not blic
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................ $31.20 per column inch
Rate actually charged for the above matter..............................................$12.59 per column inch
SCANNED
�ll�i-1 •„�Ut.l �' �yr
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
SIBLEY SQUARE AT MEARS PARK
190 FIFTH STREET EAST, SUITE 401
(D ST. PAUL MN 55101-1638
REPLY TO MAY -18 2010
ATTENTION OF
Operations
Regulatory (2010-01647-MTS)
Mr. Todd Gerhardt
7700 Market Boulevard
Chanhassen, Minnesota 55317
Dear Mr. Gerhardt:
REC11H1t� f'i .
MAY 1 9 2010
CITY OF CHANHASSEN
We have reviewed information about your permit application to place 560 square feet of
fill material in wetlands adjacent to Bluff Creek for the purpose of reconstructing Audubon Road
and creating a recreational path. The project site is located in the NE '/4 of Section 22, Township
116N., Range 23W., Carver County, Minnesota.
Department of the Army Regional General Permit-03-MN (RGP-03-MN) provides
authorization under section 404 of the Clean Water Act for certain categories of activities
involving the discharge of dredged or fill material into waters of the U.S. We have determined
that the described work is authorized by RGP-03-MN, provided the attached Standard
Conditions are followed.
This determination covers only the project as described above. If the design, location, or
purpose of the project is changed, our office should be contacted to make sure the work would
not result in a violation of Federal law.
If your project will require off -site fill material that is not obtained from a licensed
commercial facility, you must notify us at least five working days before start of work. A
cultural resources survey may be required if a licensed commercial facility is not used.
This General Permit is valid until August 2, 2011, unless modified, reissued, or revoked.
The time limit for completing the work described above ends on that day, OR two years from the
date of this letter, whichever occurs later. It is the pemuttee's responsibility to remain informed
of changes to the General Permit program. If this authorized work is not undertaken within the
above time period, or the project specifications have changed, our office must be contacted to
determine the need for further approval or re -verification.
It is the permittee's responsibility to ensure that the work complies with the terms of this
letter and any enclosures, AND THAT ALL REQUIRED STATE AND LOCAL PERMITS
AND APPROVALS ARE OBTAINED BEFORE WORK PROCEEDS.
SCANNED
Operations - 2 -
Regulatory(2010-01647-MTS)
A preliminary jurisdictional determination (JD) has been prepared for the site of your
project. The preliminary JD is not appealable. If you wish, you may request an approved JD
(which may be appealed), by contacting the Corps representative identified in the final paragraph
of this letter. You also may provide new information for further consideration by the Corps to
reevaluate the JD. If this JD is acceptable, please sign and date both copies of the Preliminary
Jurisdictional Determination Form and return one copy to the address below within 15 days from
the date of this letter.
U.S. Army Corps of Engineers
St. Paul District
190 56' Street East, Suite 401
St. Paul, Minnesota 55101-1638
Attn: Michael Setering
If you have any questions, contact Michael Setering in our Saint Paul office at (651)
290-5396. In any correspondence or inquiries, please refer to the Regulatory number shown
above.
Sincerely,
e 00� C..k'
Tamara E. Cameron
_d` Chief, Regulatory Branch
Enclosure
Copy Furnished w/o Enclosure:
Greg Grazcyk, Carver County S WCD
Ken Powell, MN BWSR
Operations
Regulatory (2010-01647-MTS)
All RGP-03-MN
authorizations are subject to
the following standard
conditions, as applicable.
These conditions must be
satisfied for any RGP
authorization to be valid:
1. Mitigation/Sequeneing. Discharges of
dredged or fill material into waters of the United
States must be avoided and minimized to the
maximum extent practicable.
2. Suitable fill material. No discharge of
dredged or fill material may consist of
unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). All fill (including ripmp)
authorized under this permit, most consist of
suitable material free from toxic pollutants in
other than trau quantities. In addition, rock or
fill material used for activities dependent upon
this permit and obtained by excavation must
either be obtained from existing quarries or, if a
new borrow site is opened up to obtain fill
material, SL Paul District must be notified prior
to the use of the new site to determine whether a
cultural survey of the site is necessary.
3. Proper maintenance. Any structure or fill
authorized shall he properly maintained,
including maintenance, to ensure public safety.
4. Erosion and siltation controls. Appropriate
erosion and siltation controls must be used and
maintained in effective operating condition
during construction, and all exposed soil and
other fills, as well as any work below the
ordinary high water mark, must be permanently
stabilized at the earliest practicable date. Work
should be done in accordance with state -
approved, published practices, such as defined
in Minnesota Pollution Control Agency
Document, PROTECTING WATER QUALITY
IN URBAN AREAS - BEST MANAGEMENT
PRACTICES FOR MINNESOTA-
Upon completion of earthwork operations, all
exposed slopes, fills, and disturbed areas must
be given sufficient protection by appropriate
means such as landscaping, or planting and
maintaining vegetative cover, to prevent
subsequent erosion. Cofferdams shall he
constructed and maintained so as to prevent
erosion into the water. If earthen material is
used for cofferdam construction, sheet piling,
ripmp or a synthetic cover must be used to
prevent dam erosion.
5. Removal of temporary fills. Temporary fills
are allowed to remain in place for up to three
months. Upon request the District Engineer may
extend this period allowing temporary fills to
remain in place for up to a total of 180 days,
where appropriate.
ME
RGP-03-MN STANDARD CONDITIONS
At the end of the specified timeframe,
temporary fills must be removed in their entirety
and the affected areas returned to their
preexisting elevation.
6. General Information -Information about
Federal Endangered species may he obtained by
contacting the U. S. Fish and Wildlife Service at
(612) 725-3548. The District's web page
(www.mvp.usace.anny.mil/regulatoryQ will
also contain a link to the U.S. Fish and Wildlife
Service. Information concerning cultural
resources may be obtained by contacting the
State Historic Preservation Office at (651) 296-
5462. Project proponents are encouraged to
contact these agencies early in project planning
because doing so can help avoid violations of
Federal law and potentially lengthy permitting
delays. Persons performing work should be
aware that Federal or state regulations
concerning endangered species and cultural
resources may apply to their projects whether or
not the work requires a Corps permit If
referenced web sites are unavailable or the
necessary information is not available on the
referenced web site, the Corps contact for your
county can be found on our web site referenced
above, or you may call 651-290-5375.
7. Other permit requirements No Corps
RGP-03-MN authorization eliminates the need
for other local, state or Federal authorizations,
including but not limited to National Pollutant
Discharge Elimination System (NPDES) or
State Disposal System (SDS) permits from the
Minnesota Pollution Control Agency, public
waters work permits from the Minnesota
Department of Natural Resources, or Wetland
Conservation Act authorizations from the
applicable local governmental unit
8. Historic properties, (cultural resources).
No activity which may affect historic properties
listed, or eligible for listing, in the National
Register of Historic Places is authorized, until
the DE has complied with the provisions of 33
CFR part 325 Appendix C. Information on the
location and existence of historic resources can
be obtained from the State Historic Preservation
Office and the National Register of Historic
Places.
9. Cultural resources. If cultural,
archaeological, or historical resources are
unearthed during activities authorized by this
permit, work must be stopped 'immediately and
the State Historic Preservation Officer must be
contacted for further instruction.
10. If you discover any previously unknown
historic or archaeological remains while
accomplishing the authorized activity you must
immediately stop work and notify this office of
what you have found. We will initiate the
Federal and state coordination required to
determine if the remains warrant a recovery
effort or if the site is eligible for listing in the
National Register of Historic Places.
11. Spawning areas. Discharges in spawning
areas during spawning seasons must be avoided
to the maximum extent practicable.
12. Obstruction of high flows. To the
maximum extent practicable, discharges must
not permanently restrict or impede the passage
of normal or expected high flows or cause the
relocation of the water (unless the primary
purpose of the fill is to impound waters).
13. Adverse effects from impoundments. If
the discharge creates an impoundment of water,
adverse effects on the aquatic system caused by
the accelerated passage of water and/or the
restriction of its flow shall be minimized to the
maximum extent practicable.
14. Waterfowl breeding areas. Discharges into
breeding areas for migratory waterfowl must be
avoided to the maximum extent practicable.
15. Navigation. No activity may cause more
than a minimal adverse effect on navigation.
16. Aquatic life movements. No activity may
substantially disrupt the movement of those
species of aquatic life indigenous to the water
body, including those species that normally
migrate through the area, unless the activity's
primary purpose is to impound water.
17. Equipment. Heavy equipment working in
wetlands must be placed on mats, or other
measures must be taken to minimize soil
disturbance.
18. Tribal rights. No activity or its operation
may impinge or abrogate reserved treaty rights,
including, but not limited to, reserved water
rights and treaty fishing and hunting rights.
19. Wild and Scenic Rivers. No activity may
occur in a component of the National Wild and
Scenic River System; or in a river officially
designated by Congress as a "study river" for
possible inclusion in the system, while the river
is in an official study status; unless the
appropriate Federal agency with direct
management responsibility for such river has
determined that the proposed activity will not
adversely affect the Wild and Scenic River
designation, or study status. Information on
Wild and Scenic Rivers may be obtained from
the appropriate Federal land management
agency in the area (e.g., National Park Service,
U.S. Forest Service, Bureau of fend
Management, U.S. Fish and Wildlife Service.)
20. Water quality standards. All work or
discharges to a watercourse resulting from
permitted construction activities, particularly
hydraulic dredging, must meet applicable
Page I of 3
Operations
Regulatory (2010-01647-MTS)
Federal, State, and local water quality and
effluent standards on a continuing basis.
21. Preventive measures. Measures must be
adopted to prevent potential pollutants from
entering the watercourse. Construction
materials and debris, including fuels, oil, and
other liquid substances, will not be stored in the
construction area in a manner that would allow
them to enter the watercourse as a result of
spillage, natural runoff, or flooding.
22. Spill contingency plan. A contingency
plan must be formulated that would be effective
in the event of a spill. This requirement is
particularly applicable in operations involving
the handling of petroleum products. If a spill of
any potential pollutant should occur, it is the
responsibility of the pennittee to remove such
material, to minimize any contamination
resulting from this spill, and to immediately
notify the State Duty Officer at 1-800-422-0798
and the U.S. Coast Guard at telephone number
(1-800)424-8802.
23. Disposal sites. If dredged or excavated
material is placed on an upland disposal sight
(above the ordinary high-water mark), the site
must be securely diked or contained by some
other acceptable method that prevents the return
of potentially polluting materials to the
watercourse by surface runoff or by leaching.
The containment area, whether bulkhead or
upland disposal sight, must be fully completed
prior to the placement of any dredged material.
24. Water intakes/activities. No activity,
including structures and work in waters of the
U.S. or discharges of dredged or fill material,
may occur in the proximity of a public water
supply intake except where the activity is for
repair of the public water supply intake
structures or adjacent bank stabilization.
25. Endangered Species.
a. No activity is authorized which is likely to
adversely affect a threatened or endangered
species or a species proposed for such
designation, as identified under the Federal
Endangered Species Act, or which is likely to
destroy or adversely modify the critical habitat
of such species. Non-federal permittees shall
notify the District if any listed species or critical
habitat might be affected or is in the vicinity of
the project, and shall not begin work on the
activity until notified by the District thin the
requirements of the Endangered Species Act
have been satisfied and that the activity is
authorized.
b. Authorization of an activity under RGP-03-
MN does not authorize the take of a threatened
or endangered species as defined under the
Federal Endangered Species Act. In the absence
of separate authorization (e.g., an ESA Section
10 Permit, a Biological Opinion with incidental
take provisions, etc.) from the U.S. Fish and
-2-
Wildlife Service or the National Marine
Fisheries Service, both lethal and non -lethal
takes of protected species are in violation of the
Endangered Species Act Information on the
location of threatened and endangered species
and their critical habitat can be obtained directly
from the offices of the U.S. Fish and Wildlife
Service and National Marine Fisheries Service
or their World Wide Web pages on the Internet.
c. If it becomes apparent that a federally listed
endangered plant or animal species will be
affected by work authorized by this permit,
work must be stopped immediately and the St
Paul District of the Corps of Engineers must be
contacted for further instruction.
26 _Known Populations of Federally Listed
Threatened and Endangered species.
Information on (mown populations of Federally
listed species and their designated critical
habitat is available on our web site and from the
Twin Cities Field Office of the U.S.F.W.S. Sce
standard condition 6 or contact information.
27. The time limit for completing work
authorized by RGP-03-MN ends upon the
expiration date of RGP-03-MN. If you find that
you need more time to complete the authorized
activity, submit your request for a time
extension to thisofficefor consideration at least
three months before the expiration date is
reached:
28. You must maintain the authorized activity
in good condition and in conformance with the
terms and conditions of this permit. You are not
relieved of this requirement if you abandon the
permitted activity, although you may make a
goal faith transfer to a third party. Should you
wish to cease to maintain the authorized activity
or should you desire to abandon it without a
good faith transfer, you must obtain a
modification of this permit from this office,
which may require restoration of the area
29. You must allow representatives from this
office to inspect the authorized activity at any
time deemed necessary to ensure that it is being
or has been accomplished in accordance with
the terms and conditions of RGP-03-MN.
30. State Section 401 Water quality
Certification. The Minnesota Pollution
Control Agency has waived Section 401
certification for RGP-03-MN.
31. Coastal Zone Management consistency
determination. The State of Minnesota has
determined that GP-03-MN is consistent with
the Minnesota CZM program.
Further Information:
1. Congressional Authorities: You have been
authorized to undertake the activity described
above pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344).
2. Limits of this authorization.
a. RGP-03-MN does not obviate the need to
obtain other Federal, state, or local
authorizations required by law.
b. RGP-03-MN does not grant any property
rights or exclusive privileges.
a RGP-03-MN does not authorize any injury to
the property or rights of others.
d. RGP-03-MN does not authorize interference
with any existing or proposed Federal project.
3. Limits of Federal Liability. In authorizing
work, the Federal Government does not assume
any liability, including but not limited to the
following:
a Damages to the permitted project or uses
thereof as a result of other permitted or on -
permitted activities or from natural causes.
b. Damages to the permitted project or uses
thereof as a result of current or future
activities undertaken by or on behalf of the
United States in the public interest.
c. Damages to persons, property, or to other
permitted or un-permitted activities or
structures caused by the activity authorized
by this permit
d. Design or construction deficiencies
associated with the permitted work.
e. Damage claims associated with any future
modification, suspension, or revocation of this
permit
4. Reliance on Applicants Data: The
determination of this office that a proponent's
project is authorized by RGP-03 will be made in
reliance on the information provided by the
applicant.
5. Reevaluation of Permit Decision. This office
may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances
that could require a reevaluation include, but are
not limited to, the following:
a You fail to comply with the terms and
conditions of this permit
b. The information provided by you in support
of your permit application proves to have been
false, incomplete, or inaccurate (see 4 above).
c. Significant new information surfaces which
this office did not consider in reaching the
original public interest decision. Such a
reevaluation may result in a determination that it
is appropriate to use the suspension,
modification, and revocation procedures
contained in 33 CFR 325.7 or enforcement
procedures such as those contained in 33 CFR
Page 2 of 3
Operations -3-
Regulatory (2010-01647-MTS)
326.4 and 326.5. The referenced enforcement
procedures provide for the issuance of an
administrative order requiring you to comply
with the terms and conditions of your permit
and for the initiation of legal action where
appropriate. You will be required to pay for any
corrective measures ordered by this office, and
if you fail to comply with such directive, this
office may in certain situations (such as those
specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise
and bill you for the cost.
6. Extensions. Standard condition 27 above,
establishes atime limit for the completion of the
activity authorized by this general permit.
Unless there are circumstances requiring either a
prompt completion of the authorized activity or
a reevaluation of the public interest decision, the
Corps will normally give favorable
consideration to a request for an extension of
this time limit. This permit becomes effective
upon the issuance date specified after the
Federal official, designated to act for the
Secretary of the Army, has signed below. This
general permit remains in effect for five years
unless it is otherwise modified, suspended, or
revoked.
Page 3 of 3
PRELIMINAR Y JURISDICTIONAL DETERMINATION FORM
This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies
all aquatic features on the site that could be affected by the proposed activity, based on the following information:
District Office ISt. Paul District File/ORM # 2010-01647-MTS PJD Date: May 17, 20I0
State P^ City/County Cbanhassen/Carver
Name/
Mr. Todd Gerhardt
Nearest Waterbody: IBluff Creek
Address of
City of Chanhassen
Person
7700 Market Boulevard
Location: TRS,
Requesting
Chanhassen, Minnesota 55317
LatLong or UTM: Section 22, Township 116N., Range 23 W.
PJD
Identify (Estimate) Amount of Waters in the Review Area:
Name of Any Water Bodies Tidal:
Non -Wetland Waters Stream Flow:
on the Site Identified as
r l�
I —linear It I width 0.46 acres Perennial
Section 10 Waters: Non -Tidal:
17 �� (Desk) Determination
Wetlands I- Cowardin
- f(s) N/A
Class:
r Field Determination: Date of Field Trip:
SUPPORTING DATA: Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked
and requested, appropriately reference sources below):
17 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
r Data sheets prepared/submitted by or on behalf of the applicant/consultant.
r Office concurs with data sheets/delineation report.
r Office does not concur with data sheets/delineation report.
r Data sheets prepared by the Co s
Il
r Corps navigable waters' study:
17 U.S. Geological Survey Hydrologic Atlas:
A USGS NHD data.
r USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite quad name: Carver City DRG
17 USDA Natural Resources Conservation Service Soil Survey. Citation: lCaeser county
V National wetlands inventory map(s). Cite name: Carter county
r State/Local wetland inventory map(s): F-
r- FEMA/FIRM maps:
r 100-year Floodplain Elevation is:
17 Photographs: 17 Aerial (Name & Date): Zoos FSA seder mega y
17 Other (Name & Date): "Google Maps", "Bing Map."
r Previous determination(s). File no. and date of response letter:
r Other information (please specify):
IMPORTANT NOTE- The f ti rded this facts has not necessarily bee Yed by the Colum and should not berel ed upon for later 'sd' 1' I determinations,
An-,
fW oS,4t 8,' c-" I 0
Signature and Date of Regulatoryjest Manager Signature and Date of Person Requesting Preliminary JD
(REQUIRED) (REQUIRED, unless obtaining the signature is impracticable)
EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS:
I. The Caps of Engineers believes that there may be jurisdictional waters of the United stales on the subject site, and the permit applicant or other affected party who requested this preliminary m is
hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary !D
has declined to exercise the option to obtain an approved m in this instance and at this time.
2. In my circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) m other general permit verification requiring "preconstmction notification" (PCN),
or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware orate
following: (1) the Permit applicant has elected to seek a permit authoruaition based on a preliminary m, which does not make an official determination of jurisdictional waters; (2) that the applicant has
the option to request an approved ID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or
other general permit authorization; (4) that the applicamt can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking my activity in reliance upon the subject peanut authorizations without requesting an approved JD constitutes the applicant's
acceptance of the use of the preliminary ID, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) in
undenaking my activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in my way by
[hat activity are jurisdictional waters of the United States, and precludes my challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in my administrative
appeal or in my Federal court; and (7) whether the applicant elects to use either an approved m or a preliminary JD, that m will be processed as stun as is practicable. Further, an approved JD, a
proffered individual Permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in my administrative
appeal,jurisdictional issues can be raised (see 33 C.F.R. 33 L5(ax2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a
site or to Provide as official delineation of jurisdictional waters on the site the Corps will Provide an approved in to accomplish that result as soon as is Practicable.
t.
PRELIMINAR Y JURISDICTIONAL DETERMINA TION FORM
This preliminary JD finds that there "may bell waters of the United States on the subject project site, and identifies
all aquatic features on the site that could be affected by the proposed activity, based on the following information:
District Office ISt. Paul District File/ORM # 2010-01647-MTS PH)Date: May 17, 2010
State P;T— City/County Chanhassen/Carver
Name/
Mr. Todd Gerhardt
Nearest Waterbody: 113luff Creek
Address of
City of Chanhassen
Person
7700 Market Boulevard
Location: IRS,
Requesting
Chanhassen, Minnesota 55317
LatLong or UTM: Section 22, Township 116N., Range 23 W.
pJD
Identify (Estimate) Amount of Waters in the Review Area:
Name of Any Water Bodies Tidal:
Non -Wetland Waters: Stream Flow:
on the Site Identified as
r
I —linear ft �widlh 0.46 acres perennial
Section 10 Waters: Non -Tidal:
17 (ice (Desk) Determination
Cowardin
Wetlands` F acre(s)
N/A
Class:
r Field Determination: Date of Field Trip:
SUPPORTING DATA: Data reviewed for preliminary JD (cheek all that apply - checked items should be included in case file and, where checked
and requested, appropriately reference sources below):
* Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
r Data sheets prepared/submitted by or on behalf of the applicant/consultant.
f" Office concurs with data sheets/delineation report.
r Office does not concur with data sheets/delineation report.
r Data sheets prepared by the Co S
r Corps navigable waters' study:
17 U.S. Geological Survey Hydrologic Atlas:
17 USGS NHD data.
r USGS 8 and 12 digit HUC maps.
r U.S. Geological Survey map(s). Cite quad name: 1Cr county DRG
f7 USDA Natural Resources Conservation Service Soil Survey. Citation: carver cnnnty
17 National wetlands inventory map(s). Cite name: carver county
r State/Local wetland inventory map(s): F-
r- FEMA/FIRM maps:
r 100-year Floodplain Elevation is:
17 Photographs: 17 Aerial (Name & Date): 2008 FSA aerial imagery
17 Other (Name & Date):-Google Maps", "Bing Maps"
r Previous determination(s). File no. and date of response letter:
r Other information (please specify):
I N
u OS�Ig/zoto
Signature and Date of Regrltah ry Project Manager Signature and Date of Person Requesting Preliminary JD
,REQUIRED) (REQUIRED, unless obtaining the signature is impracticable)
EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS:
I. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected parry who requested this preliminary JD is
hereby advised of his or her option to request and obtain an approvedjurisdictional determination QD) for the site. Nevertheless, the permit applicant or other person who requested this preliminary JD
has declined to esacise the option to obtain an approved Jr) in this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "preconstruction notification" (PCN),
or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved K) for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has
the option to request an approved m before accepting the terms and conditions of the permit authorization, and that hems a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or
other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's
acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or
undertaking any activity in reliance on my form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in my way by
the activity are jurisdictional waters of the United States, and precludes my challenge to such jurisdiction in my administrative or judicial compliance or enforcement action, or in my administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a
proffered individual permit (and as terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in my administrative
appeal,jurisdictional issues can be raised (see 33 C.F.R 331.5(aX2)). If, during the administrative appeal, it becomes necessmy to make an official determination whether CWA jurisdiction exists ova a
site or to provide an official delineation of'misdictional waters on the site the Corps will provide an approved JD to aceom hsh that resat as soon as is mraawablc.
CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO.10-07
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, May 18, 2010, at 7:00 p.m. in the Council Chambers in Chanhassen
City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Wetland
Alteration Permit in conjunction with the reconstruction of Audubon Road on property located
adjacent to Bluff Creek between 8900 and 8950 Audubon Road. Applicant: City of Chanhassen.
A plan showing the location of the proposal is available for public review on the City's web
site at www.ci.chanhassen.nm.us/serv/plan/10-07.htnil or at City Hall during regular business
hours. All interested persons are invited to attend this public hearing and express their opinions
with respect to this proposal.
Terry Jeffery, Water Resources Coordinator
Email: tigfferv@ci.chanhassen.mn.us
Phone: 952-227-1168
(Publish in the Chanhassen Villager on May 6, 2010)
scum
CITY OF
CAANAASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952,227.1110
Building Insimcbm
Phone: 952.227,1180
Fax: 952.227.1190
Memorandum
TO: Greg Grazcyk, Carver County SWCD
Ken Powell, MN BWSR
Christina Carballal, US ALOE
John "Jack" Gleason, MN DNR
Michael North, MN DNR
COPY: Mark Enochs, CH2MHill for RPBCWD
DATE: April 22, 2010
RE: Chanhassen Project PW 10-02: Audubon Road Reconstruction Project
Joint Notification Application
Engineering
Phone 952.227.1160
Fax: 952.227.1170
Please find attached to this memorandum a Joint Notification Application for the
Finance
impact and subsequent mitigation plan for 560 square feet of Type 3 wetland adjacent
Phone:952.227.1140
to Bluff Creek in Chanhassen, MN. The impact is a result of extending the box culvert
Fax:952.227.1110
under Audubon Road eight feet to the west. The impacts will be mitigated for by
withdrawing 1120 square feet of wetland credit from wetland bank account 127.
Paris & Recreation
Phone:952.227.1120
Also included with this submittal is an exhibit, prepared by SRF showing the delineated
Fax:952.227.1110
wetland boundary, a drawing of the culvert in both plan view and cross -sectional view
ReraeaftCenW
and an application for withdrawal of wetland credits.
2310 Coulter Boulevard
Phone:952227.1400
Comments will be accepted until May 10, 2010. Please direct your comments to:
Fax: 952.227.1404
Terry Jeffery
Planning8
Water Resources Coordinator
Natural Resources
City of Chanhassen
Phone:952,227.1130
7700 Market Blvd, PO Box 147
Fax:952,227.1110
Chanhassen, MN 55317
Public Works
1591 Park Road
tieffery@ci.chanhassen.mn.us
Phone: 952.227,1300
Fax: 952,227.1310
Your time and attention are appreciated. Should you have any questions or wish to
seniorCerrter
request additional information, please contact Terry Jeffery at 952.227.1168.
Phone: 952.227.1125
Fax:952.227.1110
Web Site
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life • Providing for Tooap and Plarwo for Tor-orroc;
SCANNED
Minnesota Wetland Conservation Act
Notice of Application
Local Government Unit (LGU) Address
City of Chanhassen 1700 Market Blvd, PO Box 147
Chanhassen, MN 55317
1. PROJECT INFORMATION
Applicant Name
Project Name
Date of
Application
City of Chanhassen
Audubon Road Reconstruction
Application
Number
PWIO-02
April 22,
WAP 10-01
2010
T e of Application check all that apply):
❑ Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing
® Replacement Plan ❑ Banking Plan
Summary and description of pronosed proiect (attach additional sheets as neces
The City of Chanhassen, as part of their on -going infrastructure maintenance and replacement program,
will be reconstructing Audubon Road from Lake Drive West to Lyman Blvd. As part of this project,
dedicated turn lanes and a multiple use recreational path will be added. In order to accommodate these
additions and maintain a safe clear zone, a total of eight feet needs to be added to the west end of the
existing box culvert which conveys Bluff Creek under Audubon Road. This will result in 560 square feet
of impact to a Type 3 wetland. The City of Chanhassen proposes to mitigate for these losses at a 2:1 ratio
by withdrawing 1120 square feet of Type 3 wetland credits from wetland bank account 127 owned and
managed by the City of Chanhassen.
2. APPLICATION REVIEW AND DECISION
Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp.
3 provides notice that an application was made to the LGU under the Wetland Conservation Act as specified
above. A copy of the application is attached. Comments can be submitted to:
Name and Title of LGU Contact Person
Terry Jeffery
Water Resources Coordinator
Comments must be received by (minimum 15
business -day comment period):
May 17 2010
Address (if different than LGU)
Date, time, and location of decision:
6/14/2010 @ 7:OOPM
Chanhassen Council Chambers
7700 Market Blvd Chanhassen MN
Phone Number and E-mail Address
Decision -maker for this application:
952.227.1168
❑ Staff
tjeffery@ci.chanhassen.mn.us
® Governing Board or Council
Date: Ana 22.2016
Page 1 of 2
3. LIST OF ADDRESSEES
® SWCD TEP member: Greg Graczyk
® BWSR TEP member: Ken Powell
❑ LGU TEP member (if different than LGU Contact):
® DNR TEP member: Mike North
❑ DNR Regional Office (if different than DNR TEP member)
® WD or WMO (if applicable): Mark Enochs, CII213i11
❑ Applicant (notice only) and Landowner (if different)
❑ Members of the public who requested notice (notice only):
Corps of Engineers Project Manager (notice only) Christina Carballal
BWSR Wetland Bank Coordinator (wetland bank plan applications onl,
4. MAILING INFORMATION
➢For a list of BWSR TEP representatives, see: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA_arras.pdf
➢For a list of DNR TEP representatives, see: www.bwsr.state.mn.us/wetlandslwca/DNR_TEP_contacts.pdf
Department of Natural Resources Regional Offices:
NW Region:
NE Region:
Central Region:
Southern Region:
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Div. Ecol. Resources
Div. Ecol. Resources
Div. Ecol. Resources
Div. Ecol. Resources
2115 Birchmont Beach Rd. NE
1201 E. Hwy. 2
1200 Warner Road
261 Hwy. 15 South
Bemidji, MN 56601
Grand Rapids, MN 55744
St. Paul, MN 55106
New Ulm, MN 56073
For a map of DNR Administrative Regions, see: http://files.dor.stata.mn.us/aboutdnr/dnr_regions.pdf
➢For a list of Corps of Project Managers, see: www.mvp.usace.army.nuUregulatory/default.asp?pageid=687
or send to: Dept. of the Army, Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638
➢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
5. ATTACHMENTS
In addition to the application, list any other attachments:
® Plan and Profile View of Crossing
Narrative
BWSR Forms 11-25-09 Page 2 of 2
NA-026620-03B
(V.2.02 for MS WORD) 9/17/2007
Minnesota Local/State/Federal Application Form for Water/Wetland Projects
For Internal Use Only
Application No. Field Office Code Date Initial Application Received Date initial Application Deemed Complete
PART I: BASIC APPLICATION
'See HELP" directs you to important additional information and assistance in Instmctions, Page I.
I. LANDOWNER/APPLICANT CONTACT INFORMATION (See Help ])
Name: City of Chanhassen, Attn: Todd Gerhardt Phone: 952.227.1100 E-mail: tgerhardt@ci.chanhassen.mn.us
Complete mailing address: 7700 Market Blvd, PO 147, Chanhassen, MN 55317
IA. AUTHORIZED AGENT (See Help ]A) (Only if applicable; an agent is not required)
Name: Terrance Jeffery Phone: 952.227.1168 E-mail: tjeffery@ci.chanhassen.mn.us
Complete mailing address: 7700 Market Blvd, PO 147, Chanhassen, MN 55317
2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed)
Name or I.D. # of Waters Impacted (if applicable; if known): Bluff Creek
(Check all that apply): ❑ Lake ® River ❑ Circular 39 Wetland type: ® 1, ❑ 1 L, ❑ 2, ❑ 3, ❑ 4, ❑ 5, ❑ 6, 117, ❑ 8
Wetland plant community type': ❑ shallow open water, ❑ deep marsh, ❑ shallow marsh, ❑ sedge meadow, ❑ fresh meadow,
❑ wet to wet-mesic prairie, ❑ calcareous fen, ❑ open bog or coniferous bog, ❑ shrub-carr/alder thicket,
❑ hardwood swamp or coniferous swamp, ❑ floodplain forest, ® seasonally flooded basin
Indicate size of entire lake or wetland (check one): ® Less than 10 acres (indicate size: 0.46 ac) ❑ 10 to 40 acres ❑ Greater than 40 acres
3. PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance):
Project street address: 8900 & 8950 Audubon Rd Fire #: City (if applicable): Chanhassen
/4 Section: NE Section: 22 Township #: 116N Range #: 23W County: Carver
Lot M Block: 1 Subdivision: Sunridge Watershed (name or #) UTM location: N E
Attach a simple site locator map. If needed, include on the map written directions to the site from a known location or landmark, and
Provide distances from known locations. Label the sheet SITE LOCATOR MAP.
4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed.
The City of Chanhassen is improving Audubon Road and adding a multiple use bail from Lake Drive West to Lyman Blvd. See attached narrative for
further discussion.
5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to
construct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project. This is the
most important part of your application. See HELP 5 before completing this section; see What To Include on Plans (Instructions,
page 1). Attach PROJECT DESCRIPTION sheet.
This project is intended to improve the condition and safety to Audubon Road. See attached narrative for a more detailed discussion.
Footprint of project: acres or 560 square feet drained, filled or excavated
6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts
to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of which may be "no
build" or "do nothing'), and explain why you chose to pursue the option described in this application over these alternatives. Attach
PROJECT ALTERNATIVES sheet if needed.
The option to not improve Audubon Road was discussed and dismissed due to safety and capacity conrems. The elimination of the trail was
considered but this was not consistent w/ the Citys Comprehensive Plan or Master Parks 8 Trail Plan. See attached.
7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands, list the complete
mailing addresses of adjacent property owners on an attached separate sheet. (See HELP 7)
8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? ❑ Yes []No. If
yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP S)
9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or
have already been approved or denied on a separate attached sheet. See HELP 9.
10. 1 am applying for state and local authorization to conduct the work described in this application. I am familiar with the information
contained in this application. To the best of my knowledge and belief, all information in Part 1 is true, complete, and accurate. I possess
the authority un ertake the work described, or I am acting as the duty authorize a afthe applicant.
v
-2/- /D "IZ,110
lgnature of applicant (Landowner) Date Signat •e o agent (if applicable) Date
Thu bock nem besigned by the personwbodesbea to odenake the propoeedactivityand hasthe necessary Propertyrightstodoso. Ifmiytln Agenthassigned,pl attachaseparatesheetrigidbytheladownv,
giving necessary authorvation to the Agent.
'See Waland Plants and Men Cemmunida o/Mfnnmma and Wannonfn (Egger and Reed, 1997) as modlad by Me Board of water and %a Remarrea, Uoad States Army Co,%of Engineer%.
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page I
I ne pumrc burden for ma collection of information is estimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes
the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington
Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204. Arlington, VA 222024302; and to the Office of Management
and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondent should be aware that notwithstanding any other provision of law, no person shall be
subject many penalty for failing to comply with a collection of information if it does riot display a currently valid OMB control number. Please DO NOT RETURN your form to
either of these addresses. Completed applications most be submitted to the District engineer havingjurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT: Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Wamr Act. Section 404, 33 USC 1344; Marine Protection, Research and
Sanctuaries Act. 33 USC 1413, Section 103. Principal purpose: Information provided on this form will be used in evaluating the application for a permit. Roudne uses: This
information may be shared with the Deparmunt of Justice and other Federal, state, and local government agencies. Submission of requested information is voluntary; however, if
information is not provided, the permit arinlication cannot be evaluated Our can a remnit be issued.
ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS
1. APPLICATION NO. 1 2. FIELD OFFICE CODE 1 3. DATE RECEIVED 1 4. DATE APPLICATION COMPLETED
YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS.
AB applicants must complete non -shaded items 5 and 26. If an agent is used, also complete items 8 and 11. This optional Federal forth is valid
for use only when included as nart of this entire slate annlication nacket.
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
City of Chanhassen, Attn: Todd Gerhardt rl
)EMti (arrz n� �f`)k.a \ sa o.>aas� be-,-k,o rt
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
7. APPLICANT'S PHONE NO. 10. AGENT'S PHONE NO.
11. STATEMENT OF AUTHORIZATION (ifapplicable; complete only if authorizing an agent)
I hereby authorize to act on my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of permit a lication. qt �-
APPLICANT'S SIGNATURE: ui7 ,% --U* DATE:
12. PROJECT NAME OR TITLE (see instructions)
13. NAME OF WATERBODY, IF KNOWN (if applicable)
14. PROJECT STREET ADDRESS (if applicable)
15. LOCATION OF PROJECT
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
17. DIRECTIONS TO THE SITE
18. NATURE OF ACTIVITY
19. PROJECT PURPOSE
20. REASON(S) FOR DISCHARGE
21. TYPES OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES NO _ IF YES, DESCRIBE COMPLETED WORK.
24. ADDRESSES OF ADJOINING PROPERTY OWNERS,
25. LIST OF OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR
WORK DESCRIBED IN THIS APPLICATION.
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the ork described herein or am acting as the duly
autlJagized agent the applicant.
\ 1r J
Signature of applicant Date Stgnat of age if any) Date
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 statement in Block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within thejurisdiction of any
department or agency of the United States knowingly and willfully falsifies, conceals, or covers up with any trick, scheme, or disguises a material fact or
makes any false, fictitious or fraudulent statements or represnitations or makes or uses any false writing or document knowing same to contain any false,
fictitious or fraudulent statements or entry, shall be fined not more than S 10,000 or imprisoned not more than five years or both.
ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
Minnesota Loca /Suate/Fedecal Application Fortes for Water/Wetland Projects
Page 2
FOR LGU USE ONLY:
Determination for Part 1: ❑ No WCA Jurisdiction
❑ Exempt: No. _ (per MN Rule 8420.0122)
❑ No Loss: (A,B,...G, per MN Rule 9420.0220)
❑ Wetland Boundary or type
❑ Replacement required — applicant most complete Part 11
COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT IS NOT REOUIRED•
Application is (check one): []Approved ❑Approved with conditions (conditions attached) ❑ Denied
Comments/Findings:
LGU official signature Doh,
Name and Title
For Agricultural and Drainage exemptions (MN Rule 8420.0122 Subps.1 and 2B), LGU has received proof of recording of restrictions
(per MN Rule 9420.0115):
County where recorded Date Document # assigned by recorder
LGUo$efal signature Dare
Minnesota Local/State/Fedeml Application Forms for Water/Wetland Projects
Page 3
Instructions For Part II
Complete those portions of Part II: Replacement Plan Supplement for which information is readily available (such as location, existing land use, size
of impact area, etc.) A person certified in wetland delineation must determine items pertaining to specific wetland impacts (wetland type,
predominant vegetation, watershed name, etc.) Contact the local soil and water conservation district (SWCD) office for further information on
obtaining such items.
What to Include on Plans
Detailed overhead views of replacement site(s) (Part II), as well as profile view(s) of replacement site(s) (Part II), may be either hand drawn,
computer generated or professionally prepared, as long as they contain all necessary information clearly, accurately, and in adequate detail. Please
include specific dimensions whenever possible. You may also include photos, if you wish.
Overhead views of Part 11 replacement site(s) should include the following items that pertain to your project:
Property boundaries and/or lot dimensions.
Location and extent of shoreline, wetlands and water.
Location and dimensions of proposed project, structure or activity. Include length, width, elevation and other measurements as appropriate.
Points of reference (such as existing homes, structures, docks or landscape features).
Location of inlet and outlet structures.
Indication of north.
Location of spoil and disposal sites (if applicable).
Areas of wetland and upland plants established
Profile views (side or cross -sectional views) should include the following items that pertain to your project:
Location and dimensions of proposed project, structure or activity. Include elevation, depth, soil profile, side slope and other
measurements as appropriate.
Proposed water level elevation.
Final Checklists
Part II: Replacement Plan Supplement
❑ Have you completed all of Part II (pages 3-5)?
❑ Did you (or your agent) sign Section 19 on page 5?
❑ Have you included the necessary attachments for Part H?
Attachments must include:
❑ If the project includes any wetland banking (complete or partial), include Application for Withdrawal of Wetland Credits Form (Section 14)
❑ If the project includes any project -specific replacements (complete or partial), include:
Description of Replacement Wetland(s) Construction (Section 15)
Copy of vegetation management plan (Section 15)
Scale drawing of overhead view or replacement wetland (Section 18)
Scale drawing of profile view of replacement wetland (Section 18)
Attachments may also include:
❑ Additional description of Wetland Impact Charts (Section 11) (if additional space was needed)
❑ Additional Description of Replacement Wetlands charts (Section 17) (if additional space was needed)
❑ Additional soils information for created replacement wetland(s) (Section 18) (if available)
Note: To deposit surplus wetland credits in the State Wetland Bank, submit a Wetland Banking Application directly to your LGU (Section 16).
Preparing Your Application for Mailing
❑ To apply for both state and Federal authorization, your application must include Part I (Page 1), the Federal application (Page 2), and
attachments as indicated on Final Checklist for Part I (Instructions, Page 2).
❑ Your application must also include Part H (Pages 3-5) and additional attachments as indicated on Final Checklist for Part II (above).
❑ Make three copies of the entire application and all attachments. Keep the original, and mail the three copies to the appropriate local, state,
and Federal agencies (see Instructions for Part I for addresses).
Minnesota I.ocal/Statell oderal Application Forms for Water/Wetland Projects
Instructions Page 3
PART II: REPLACEMENT PLAN SUPPLEMENT
For assistance in completing Part IL, contact your Local Government Unit or a professional consultant
11. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: 1) Use one row of boxes for each wetland impact; 2) If your project has more
than one wetland impact, reference your overhead view (part of Section 5) to this chart by identifying and labeling "first impact" and "second impact" on
your overhead view; 3) If you are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank;
4) If you have chosen to identify more than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each wetland type, and
identify predominant vegetation and size of impacted area for each separate wetland type within that impact area; 5) If you do not have access to some of
this information, call your LGU or S WCD office for assistance. (Photocopy chart for more impacts, if needed.)
DESCRIPTION OF WETLAND IMPACTS
Wetland impact
(as noted on
overhead view)
Watershed
name or
number (if
known)
Watershed
and Bank
SSe vice
Wetland plant
community
type[
Predominant
vegetation in
impacted
wetland area
Size of area
impacted
(in acres or
square
feet)
Existing land use in project
area (check all that apply)
33 - MN
9
3
Phalaris
560 SF
® Housing
River
arundinacea
❑ Commercial
First
Shakopee
----------------
-----------------
-------------
-
❑ Industrial
impact
❑ Parks/recreation areas
® Highways and
---------------
-----------------
-------------- ---
--------------
associated rights -of -way
❑ Forested
❑ Farmsteads/agricultural
❑ Vacant lands
❑ Public and semi-public
(schoolslgov't facilities)
❑ Airports
Second
----------------------------------
------------------
--------------
❑ Extractive (gravel
impact
E its/ uarries
❑ Other:
' If you are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank. If you have chosen to identify more
than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each separate wetland type, and identify predominant vegetation and size
of impacted area for each separate wetland type with that impact area.
TOTALS OF AREA(S) IMPACTED FOR EACH WETLAND TYPE ON CHART (indicate acres ❑ or.square feel M)
Wetland plant community type': Shallow open water: Deep marsh: Shallow Marsh: 560 Sedge meadow:
Fresh wet meadow: Wet to wet mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub carr or alder thicket:
Hardwood swamp or coniferous swamp: Floodplain forest Seasonally flooded basin
12. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply to either the impact site(s) or the replacement site(s)? ® Yes ❑ No
(Examples: the presence of endangered species, special fish and wildlife resources, sensitive surface waters, or waste disposal site.) If YES, list and describe briefly.
This wetland is immediately adjacent to Bluff Creek a 303d impaired water.
13. SHORELAND IMPACT ZONE: Please identify each wetland impact site noted in Section 15 that is within 1000 feet of a lake or 300 feet of a river.
This wetland is in a shoreland impact zone-
' See Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and
Soil Resources, United States Army Corps of Engineers.
Minnesota Local/State(Fedeml Application Forms for Water/Wetland Projects
Page 4
14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be accomplished (check only one box below
and continue as indicated):
® A. Wetland banking credits only
Complete Application for Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LOU, or
download a copy from www.bwsr.state.mn.us
Skip to Section 19, page 6 (You do not need to complete Sections 15-I8).
❑ B. Project -specific replacement only
Continue with Section 15 below.
❑ C. A Combination of wetland banking and project -specific replacement. If using project specific replacement that will result in surplus wetland credits
that you propose to deposit in the state wetland bank for future use, then you most submit a wetland banking application directly to your LGU before or
concurrently with submittal of this form. Also, Complete Application for Withdrawal of Wetland Credits Form and include with your application. Copies
of this form and the wetland banking application is available from your LGU, or download a copy from www.bwsr.state.mn.us
Continue with Section 15 below.
15. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCTION (Complete this section only if you marked Box B or Box C in Section
14 above):
Describe in detail how replacement wetland(s) will be constructed. If several methods will be used, describe each method. Details should include the
following: I) type of construction (such as excavated in upland restored by the break, restored by ditch block or revegetated); 2) type, size and
specifications of outlet structures; 3) elevations relative to Mean Sea Level or established benchmarks or key features (such as sill, emergency overflow or
structure height); 4) what best management practices will he implemented to prevent erosions or site degradation; 5) proposed timetable for starting and
ending the project; and 6) a vegetation management plan. Write this description on a separate sheet of paper labeled DESCRIPTION OF REPLACEMENT
WETLAND CONSTRUCTION
16. SURPLUS WETLAND CREDITS: If using project -specific replacement (Box B or Box C in Section 14 above), will the replacement result in any
surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? ❑ Yes ❑ No. If yes, submit a Wetland Banking
Application directly to your LGU before or concurrently with submittal of this forth. Copies are available from your LGU, or download a copy from
www.bwsr.state.mn.us
17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below: 1) Use one raw of boxes for each wetland replacement site; 2) If
your project has more that one wetland replacement site, reference your overhead view (part of Section 5) to this chart by identifying and labeling "first
replacement site" and "second replacement site" on your overhead view; 3) If you are identifying only one wetland type within a given replacement site, use
the first dotted lines) and leave the others blank; 4) If you have chosen to identify more than one wetland type in a given replacement site, use the extra dotted
lines to indicate each separate wetland type, and identify type(s) of replacement credits and `restored or created" for each separate wetland type with that
replacement site; 5) If you do not have access to some of the information, or if you do not know your replacement ratio, call your LGU or SWCD office for
assistance. Photocopy chart for more wetland replacements, if needed)
DESCRIPTION OF REPLACEMENT WETLANDS
Identify
Watershed
County
Section,
Wetland
Type(s) of replacement credits
Restored
Wetland
name or
Township,
Plant
(in acres or square feet)
or
replacement
number
Community
created?
site
(if known)
Range
Tit
New Wetland
Public Value
Indicate
(as noted on
Bank Service
Credits (NWC)
Credits (PVC)
R or C
overhead view)
Area
Name of
First---------------
-------------------
------------------------
-------------
replacement
site---------------
-------------------
------------------------
-----------
Name of
Second---------------
-------------------
------------------------
-------------
replacement
site---------------
-------------------
----------•-------------
-------------
If you are identifying only one wetland type within a given wetland impact area, use the
first dotted line and leave the others blank. If you have chosen to identify more than one TOTAL NWC TOTAL PVC
wetland type within a given wetland impact area, use the extra dotted lines to indicate each
separate wetland type, and identify predominant vegetation and size of impacted area for REQUIRED REPLACEMENT RATIO:
each separate wetland type within that impact area. (Ifknown)
Wetland plant community type: Shallow open water: Deep marsh: Shallow Marsh: Sedge meadow:
Fresh wet meadow: Wet to wet mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub carr or alder thicket:
Hardwood swamp or coniferous swamp: Floodplain forest Seasonally flooded basin
. See Welland Playas and Plant Communities of Minnesota and Wisconsin (Eggers and Ree4 1997) as modified by the Board of Water and
Soil Resources, United States Army Corps of Engineers.
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 5
18. ADDITIONAL INFORMATION REQUIRED FOR PROJECT -SPECIFIC REPLACEMENT (Required only if you marked Box B or Box C in Section 14):
For projects involving at least some project -specific replacement, include the following additional information:
❑ Two drawings to scale of the replacement wetland. Include both overhead view and profile (side view or cross -sectional view). See What to Include on Plans
(Instructions, Page 3) for a detailed description of what should be included in these drawings. Without drawings, your application will be considered incomplete.
❑ For created replacement wetlands, include additional soils information (if available) that indicates the capability of the site in produce and maintain wetland
characteristics.
Note 1: For replacement wetlands located on pipeline easements, you need to receive endorsement of your project from both the easement holder and the Minnesota
Department of Public Safety's Office of Pipeline Safety. Before start of construction, the owner of any utilities must be notified The landowner or contractor is
responsible for giving this notice by calling "Gopher State One -Call" at 652-454-0002 (Twin Cities Metro Area) or 1-800-252-1166 (all other locations).
Note 2: For extensive or complex projects supplementary information may be requested at a later dated from one or more of the responding agencies.
Such information may include (but not be limited to) the following: topographic map, water table map, soil borings, depth soundings, aerial photographs,
environmental assessment and/or engineering reports.
19. SIGNED AFFIRMATION:
FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING ONLY. To the best of my knowledge and belief, all information in Part II is true,
complete and accurate; and 1 affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank.
FOR PROJECTS INVOLVING EITHER PROJECT -SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF WETLAND BANIING
AND PROJECT -SPECIFIC REPLACEMENT:
Part A: The replacement wetland. 1 affirm that the replacement wetland was not:
Previously restored or created under a prior approved replacement plan or permit; AND
Drained or filled under an exemption during the previous 10 years; AND
Restored with financial assistance from public conservation programs; AND
Restored using private funds, other than landowner funds, unless the funds are paid back with interest to the individual or organization that funded the restoration; and
the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement.
Part B: Additional assurances (check a6 that apply):
® The wetland will be replaced before or concurrent with the actual draining or filling of a wetland.
❑ An irrevocable bank letter of credit, performance bond or other acceptable security has been provided to guarantee successful completion of the wetland replacement.
❑ The wetland losses will be replaced via withdrawal from an account in the State Weiland Bank.
Part C. For projects involving any project -specific replacement: Within 30 days of either receiving approval of this application or beginning work on the project, 1
will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s) will be located; and I will at the same time
submit proof of such recording to the LGU.
To the best of my knowledge and belief, all information in Part II is true, complete and accurate; and I affirm all statements in Part A and C, as well as
checked assurance(s) in Part B.
Signature or applicant or agent
FOR LGU USE ONLY
Replacement plan is (check one): ❑ Approved
Date
❑Approved with conditions (conditions anached) ❑ Denied
LGUoffrcialsigwture
Date
LGU has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland:
County where recorded Date
Document # assigned by recorder
LGU official signature
Date
Minnesota Local/State/Federal Application Forms for Water/Wedand Projects
Page 6
APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS
FROM THE MINNESOTA WETLAND BANK
Return Original to BWSR — Transaction may not be processed without original signatures
I. PROPOSED USER OF CREDITS
Name(s) City of Chanhassen
Address: 7700 Market Blvd, PO Box 147
Chanhassen, MN 55317
City State ZIP
Day Phone (952)227.1168
Other Phone(952)227.1160
3. OWNER / SELLER OF CREDITS
Account No. 127 Watershed No. 33
County: Carver Bank Service Area 9
Name of Seller. City of Chanhassen
Terranc d Representative)
' 'r of Seller/Authorized Representative) S)
2. Impact Site Information
y carver Major Wtrshd No.33
Service Area 9
/. NE'V4 Sec 22, Twp.I16N, Rge 23W
of Wetland Impact: 0.01286 acres
TypeS2 Impacted: 3
Plant Communities impacted': Shallow Marsh
iced Replacement Ratio: 2:1 WCA / local / COE
mt to be replaced using Bank Credits:0.01286
mt replaced on site: 0
ct Name: Audubon Road Reconstruction Project
Attach replacement plan if additional detail is needed.
4. Regulating Authority(ies) Approving
the Use of Wetland Bank Credits
dacement Plan approved by (check all that apply):
Local WCA LGU: City of Chanhassen (Print agency name)
Local Permit #10-01
U.S. Army Corps of Engineers: Permit #
MN Dept. of Natural Resources: Permit #
Natural Resources Conservation Service: Permit #
Other authority involved:
❑ Enclosed 6.5% transaction fee, payable to "Board of Water & Soil Resources."
5. CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. 127
Credit
NWC, PVC
Acres
Wetland
Wetland Plant Community'
Cost
Sub -Group
or SWC
withdrawn
Typez
(per acre)
A
NWC
0.0257
3
Shallow Marsh
S43,166
[pick one]
[pick one]
[pick one]
[Pick One]
[pick one]
[Pick One]
Totals:
1 acre = 43,560 sq. ft. Fee Total (Total cost x 0.065 = $ 72.1 1
'Letters signify credit sub -groups, which represent wetland areas with different wetland characteristics.
2Circular 39 types: 1, 1 L, 2, 3, 4, 5, 6, 7, 8, R, U (for Upland Buffer).
' Wetland plant community type: shallow open water, deep marsh, shallow marsh, sedge meadow, fresh meadow, wet to wet-mesic prairie,
calcareous fen, open bog or coniferous bog, shrub-cart/alder thicket, hardwood swamp or coniferous swamp, floodplain forest, seasonally
flooded basin, or upland buffer. See Wetland Plants and Plant Communities oJMinnesola and Wisconsin (Eggers and Reed, 1997) as
modified by the Board of Water and Soil Resources, United States Army Corps of Engineers.
Page 1 of 2
BWSR Form: wca-bank-05-withdrawal.doc
Revised 10/26/09
6. CERTIFICATION OF USER OF WETLAND CREDITS
The proposed user of credits hereby certifies that helshe: a) either owns the subject wetland credits or has entered into an
agreement to purchase said credits, subject to the approval of all applicable regulatory authorities and b) has filed appropriate
plans, specifications and application forms with all applicable regulatory authorities that describe the wetland or water resource impacts
for which l{ njec., M d credits ' 1 be u ' ized for mitigation purposes. ! r
Todd Gerhardt /v
Antl3rized Signature of Proposed User of Credits PRINT Name Date
7. REGULATORY AUTHORITY APPROVAL(S)
The following authorized representatives of the regulatory authority lies) identified on page 1 of this application hereby certify that
they have: a) verified that the subject wetland credits are deposited in the account of the owner / seller, b) approved a wetland
replacement plan or other water resource impact under their jurisdiction, and c) approved the proposed use of the wetland bank
credits described herein.
Terrance Jeffery
PRINT Name of WCA LGU Official Signature of Authorized WCA LGU Official Date
PRINT Name of Other Regulatory Official (if any) Signature of Other Authorized Official Date
Agency Address of Other Regulatory Official
8. CERTIFICATION OF OWNER / SELLER OF CREDITS
I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certify that:
1) the credits described in this application have either been sold to the user of credits or I will use them to
mitigate wetland impacts for my own project,
2) I have received payment in full from the buyer (if applicable),
3) the credits have not been sold or used in any way to mitigate wetland losses other than for the project
and location identified in the project site information block on the previous page,
4) the subject wetland credits should be withdrawn my account,
5) I will not have a negative balance of credits after the subject credits are debited from my account, and
6) the Annual Fee for this account has been paid (or will be with an enclosed check).
Authorized Signature of Owner / Seller of Credits Date
9. BWSR APPROVAL AND DEBITING OF ACCOUNT
I hereby certify that the credits have been properly debited from the subject account, effective the date of signature.
Authorized Signature Date
Upon approval by BWSR, a copy of this instrument will be mailed to the user of the credits, all regulatory authorities involved, the account holder
and the Board Conservationist. A letter will also be sent to the account holder acknowledging the debit and new account balance.
IMPORTANT REMINDERS
1. The Owner / Seller of the credits is responsible for submittal of this form, containing original signatures, to the BWSR
Wetland Bank Administrator so the affected account can be properly debited.
2. No impacts to any wetland or other water resource may commence until the credits have been debited from the Minnesota
Wetland Mitigation Bank and a copy of this approval has been mailed to the regulatory authority(ies), the account holder and
the user of the credits.
3. It is a criminal offense for a seller of wetland credits to sell credits more than one time. It is the responsibility of the account
holder to report any credit sales that are not noted on the most current official BWSR account balance.
Page 2 of 2
BWSR Form wca-bards-05-withdrawal.doc Mail to: Bank Coordinator, Board of Water & Soil Resources
Revised 10/26/09 520 Lafayette Road North St. Paul, MN 55155
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