The URL can be used to link to this page

CAS-32_ERHART, TIM - PROPERTY LOCATED WEST OF HWY 101Non -Scannable Item Item Description C Folder Number J rT=q't Folder Name ©�®®4� w�aa BwP-Mv�ceM Job Number .2322q Box Number O O39 y"63-07�-�TimA. Erhart Ce i� Chairman Exlar Corporation 1470 Lake Drive West Tel: 952-368-3434 Chanhassen, MN 55317 Fax: 952-368-4877 www.exior.com Email: terhart@exlar.com CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: KleinBank 600 West 78rh Street Chanhassen, MN 55317 LETTER OF TRANSMITTAL DATE JOB NO. 3/31/11 PC 2006-32 ATTENTION Chuch Peterson, Vice President -Business Banking RE: Tim Erhart Wetland Creation Project WE ARE SENDING YOU M Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ COPIES 1 DATE 7/18/08 NO. I 580103 DESCRIPTION Irrevocable StandbyLetter of Credit No. 580103 (original) in the amount of $5,000 THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use ® As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: Tim Erhart ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED: im Veuwiss I= 221-1107 IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 580103 Amount: U.S. 8 6,000.00 (five thousand dollars and zero cents U.S. DOLLARS) This Letter of Credit is issued on July 18. 2008 by Issuer in favor of the Beneficiary for the account of Applicant. The parties' names and their addresses are as follows: APPLICANT: TIM ERHART 9611 MEADOWLARK LANE CHANHASSEN, Minnesota 65317-8696 BENEFICIARY: CITY OF CHANHASSEN 7700 MARKET BOULEVARD, BOX 147 CHANHASSEN, Minnesota 66317 ISSUER: KLEINBANK 1550 Audubon Road Chaska, Minnesota 66318 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under KleinSank Letter of Credit No. 680103 dated July 18, 2008." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Beneficiary shall be permitted to make multiple drawings on this Letter of Credit. The maximum number of drawings that may be made on this Letter of Credit is 11. "Draft' means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A. The original Letter of Credit, together with any amendments. B. A sight draft drawn by Beneficiary on Issuer. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the pert of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. SPECIAL INSTRUCTIONS. TIM ERHART WILL PREFORM THE WETLAND CREATION PROJECT ON THE PROPERTY AT 9611 Meadowlark Lane, by June 1, 2009 or prior to commencement of construction of the medical center, whichever occurs first. S. EXPIRATION DATE. This Letter of Credit expires at the close of business tit Issuer's address at 4:00 PM Central Time (Time) on July 18, 2009 (Datel. Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. S. NON -TRANSFERABLE. This Letter of Credit is not transferable. 7. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2006 Revision, International Chamber of Commerce Publication No. 600 (UCP), or any later version or amendment. This Letter of Credit is also governed by the laws of Minnesota, except as those laws conflict with the UCP. ISSUI CITY OF CIIANHASSEN HEMMED JUL 2 2 2008 ENGINEERING DEPT. TIM ERHART Standby Letter Of Credit page I MN14CarolynMOD063000005993009071808Y 01996 Bankers Systems, Inc., St. Claud, MN F per " G Document No. OFFICE OF THE COUNTY RECORDER A 502924 CARVER COUNTY, MINNESOTA Fee! $46.00 Receipt#: Certified Recorded on 6/22/2009 at 03:00 '[--]A NO PM 502524 III Ccni tj Kern der r Space is Reserved for Recording Information Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Replacement Wetland Declarant: Mr. Tim Erhart, 9611 Meadowlark Lane Chanhassen, Minnesota 55317 General Location of Replacement: Sec. 26, Twp. 116N, Rge.23W, County of Carver This Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Wetland (Declaration) is made this .5 d day of EL o 01A by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the real property described in Exhibit A, attached hereto. B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0110, subp. 40. Exhibit B, attached hereto, is a map or survey of the subject Replacement Wetlar_d. C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes section 103G.222. D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G.222 et sea., and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0115. E. The Local Government Unit (LGU) charged with approval of the Replacement Plan is City of Chanhassen, whose address is 7700 Market Blvd. P.O. Box 147 Chanhassen MN 55317 F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Decl RmCov.doc Page 1 of 4 (April 2003) SCANNED t] r • N. Rules currently in effect and as amended or renumbered in the future. RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and as specified in the replacement plan. 2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan. 3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that, all such parties have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration, pay all costs associated with recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. 6. Acknowledge that this Easement shall be unlimited in duration, without being re- recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 7. If the replacement plan approved by the LGU and on file at its offices requires the establishment of areas of native vegetative cover, the term "Replacement Wetland" as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of native vegetative cover. In addition, the Declarant: Page 2 of 4 Decl_ResCov.dm (April 2003) W: a;. ;G (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540, subpart 2.1); (b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas specified in the replacement plan for native vegetative cover, including any necessary planting and replanting thereof, and other conservation practices, in accordance with the replacement plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan; (d) Shall not graze livestock on the areas specified in the replacement plan or; (e) Shall not place any materials, substances, or other objects, nor erector construct any type Of structure, temporary or permanent, on the areas specified in the replacement plan, except as provided in the replacement plan; (f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan; and (g) Shall comply with any other requirements or restrictions specified in the replacement Plan, including, but not limited tq.Agyju&mowikigy4iwbepmanagment or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site. 8. This Declaration maybe modified only by the joint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing. Such modification may include the release of land contained in the legal description above, if it is determined that non -wetland areas have been encumbered by this Declaration, unless the approved replacement plan designates these non -wetland areas for establishment of permanent vegetative cover. 9• This Declaration may be enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 10. This Declaration must be recorded and proof of recording submitted to the Page 3 of 4 Decl ResCov.doc (April 2003) LGU or other regulatory authority in order to be valid. Si tuire of Declarant Signature of Declarant STATE OF MINNESOTA ) ) ss. COUNTY OF Hennepin) This instrument was acknowledged before me on�qlydate byl _ (name(s) of person(s). / tt (Signature of Not ial Officer) KIMBERLYKHIDY 1 NOTARY PUBM — MINNESOTA (Title) p w COMLISSM E7WM MrSIMM2 My commission expires: %�'� V34t 13 Attachments: [ ] Attachment A (legal description) [ ] Attachment B (map or survey of Replacement Wetland) This instrument drafted by: , \ 7 7vU ��_� . �_atle •l M-, J -J-31 ''7 Page 4 of 4 Ikcl_RCSCov.doc (April 2003) Wetland Replacement Area Description A Wetland Replacement Area lying over, under and across that part of Outlot A, BUTTERNUT RIDGE ADDITION, according to the recorded plat thereof, Carver County, Minnesota, described as follows: Commencing at the northwesterly corner of said Outlot A of BUTTERNUT RIDGE ADDITION, said corner common with the westerly line of said Outlot A; thence North 89 degrees 58 minutes 27 seconds East, assumed bearing along a northerly line of said Outlot A, a distance of 815.33 feet to the actual point of beginning; thence South 45 degrees 54 minutes 16 seconds West, a distance of 11.93 feet; thence South 32 degrees 20 minutes 40 seconds West, a distance of 18.41 feet; thence South 04 degrees 52 minutes 00 seconds West, a distance of 7.31 feet; thence South 23 degrees 06 minutes 59 seconds West, a distance of 17.58 feet; thence South 18 degrees 31 minutes 57 seconds West, a distance of 23.78 feet; thence South 06 degrees 46 minutes 21 seconds West, a distance of 19.57 feet; thence South 19 degrees 00 minutes 17 seconds East, a distance of 6.71 feet; thence South 08 degrees 37 minutes 22 seconds West, a distance of 11.91 feet; thence South 16 degrees 11 minutes 57 seconds East, a distance of 9.69 feet; thence South 09 degrees 38 minutes 31 seconds West, a distance of 11.14 feet; thence South 12 degrees 55 minutes 05 seconds East, a distance of 17.01 feet; thence South 04 degrees 30 minutes 55 seconds East, a distance of 60.28 feet; thence South 36 degrees 05 minutes 35 seconds East, a distance of 27.00 feet; thence South 13 degrees 15 minutes 58 seconds West, a distance of 24.40 feet; thence South 37 degrees 46 minutes 15 seconds West, a distance of 21.08 feet; thence South 07 degrees 01 minutes 54 seconds West, a distance of 28.77 feet; thence South 18 degrees 20 minutes 33 seconds East, a distance of 19.92 feet; thence South 51 degrees 01 minutes 41 seconds East, a distance of 19.36 feet; thence South 76 degrees 44 minutes 40 seconds East, a distance of 17.34 feet; thence South 89 degrees 01 minutes 43 seconds East, a distance of 15.56 feet; thence North 87 degrees 26 minutes 30 seconds East, a distance of 31.78 feet; thence North 83 degrees 40 minutes 28 seconds East, a distance of 12.06 feet; thence North 74 degrees 23 minutes 36 seconds East, a distance of 15.64 feet; thence North 55 degrees 52 minutes 19 seconds East, a distance of 29.80 feet; thence South 78 degrees 24 minutes 18 seconds East, a distance of 8.18 feet; thence a bearing of East, a distance of 16.80 feet; thence North 66 degrees 08 minutes 30 seconds East, a distance of 20.15 feet; thence North 36 degrees 51 minutes 24 seconds East, a distance of 20.56 feet; thence North 16 degrees 26 minutes 31 seconds East, a distance of 25.80 feet; thence North 02 degrees 36 minutes 14 seconds West, a distance of 21.77 feet; thence North 34 degrees 00 minutes 11 seconds West, a distance of 20.52 feet; thence North 06 degrees 44 minutes 38 seconds West, a distance of 17.72 feet; thence North 07 degrees 34 minutes 37 seconds West, a distance of 38.14 feet; thence North 34 degrees 09 minutes 56 seconds East, a distance of 10.24 feet; thence North 12 degrees 37 minutes 30 seconds East, a distance of 13.73 feet; thence North 06 degrees 18 minutes 13 seconds East, a distance of 20.82 feet; thence North 07 degrees 02 minutes 10 seconds East, a distance of 43.57 feet; thence North 00 degrees 00 minutes 10 seconds West, a distance of 32.08 feet; thence North 01 degrees 01 minutes 30 seconds West, a distance of 20.95 feet; thence North 10 degrees 02 minutes 46 seconds West, a distance of 26.57 feet to said northerly line of said Outlot A; thence South 89 degrees 58 minutes 27 seconds West along said northerly line of Outlot A, a distance of 159.74 feet to the point of beginning. Wetland Replacement Area = 59,344 sq. ft. / 1.362 ac. ..-.w.. .,.,.. Wetland RepLcer � nnene apu..nimr .I�eo rN„y aw., unee, ma ono., rnnr .w-e er aner 4 eurrtgrar m°rc .ap°W. ••aveM9 ru rn• ..awwwe q•f ro.,.or, can.. cwry, ua,n..ora a.naw w wrc..: —m•ny.. or umor n, ° .. °r uv n nrr .., MN,-, .,w . IY.N. M n / r.., .a ION, N KE,I.NL arc 06/17/09 sn••� 1 or 1 Erhart -°°- er peed rnr Pro art P Y Wetland Tim Erhart Replacement %11 Meadowlark I nr Area Sketch 1N89twund „«„�,•,y,m,• -- Chenhae , MN 5317 Chanhn°een, Mlnne W i Submitted To CITY OF CHANHASSEN US Army Corps of Engineers® WETLAND PERMITS APPLICATION Erhart Property NE'/4 of Section 26, T116N, R23W Chanhassen, Minnesota CITY OF r RECEIVED $feN q P 0 6 ZOOS CHANHASSEN PLANNING DEPT September 2006 City of Chanhassen Ms. Lori Haak 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 Phone: (952) 227-1100 Fax: (952) 227-1935 U.S. Army Corps of Engineers Mr. Joe Yanta Regulatory Branch 190 Fifth Street East St. Paul, MN 55101-1638 Phone: (651) 290-5362 Fax: (651) 290-5330 Project Proposer Mr. Tim Erhart 9611 Meadowlark Lane Chanhassen, MN 55317 Phone: (952) 368-3434 Fax: (952) 368-4877 Prepared By ". Westwood Professional Services, Inc. 7699 Anagram Drive Eden Prairie, MN 55344 Phone: (952) 937-5150 Fax: (952) 937-5822 Project No.: 20061094.00 QCANNED WETLAND PERMITS APPLICATION Erhart Property City of Chanhassen, Minnesota September 5, 2006 PERMITS REQUESTED • Wetland Conservation Act Certification of Wetland Replacement from the City of Chanhassen • Letter of No Jurisdiction from the U.S. Army Corps of Engineers CONTENTS Minnesota Local/State/Federal Application Form for Water/Wetland Projects Narrative • Exhibits and Appendices EXHIBITS 1. Site Location & USGS Topography 2.2005 Aerial Photography and Adjacent Land Use 3. National Wetlands Inventory 4. Soils 5. DNR Public Waters Inventory 6. Wetland Boundary Map 7. Wetland Grading, Replacement & Seeding Plan APPENDICES A. Declaration of Restrictions and Covenants for Replacement Wetland (Draft) APPLICANT Mr. Tim Erhart 9611 Meadowlark Lane Chanhassen, MN 55317 Phone: (952) 368-3434 Fax: (952) 3684877 CONSULTANT Westwood Professional Services, Inc. David Weetman 7699 Anagram Drive Eden Prairie, MN 55344 Phone: (952) 937-5150 Fax: (952) 937-5822 NA-026620-03B (V.2.02 for MS WORD) 1029/04 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 1. LANDOWNER/APPLICANT CONTACT INFORMATION Name: Mr. Tim Erhart Phone: (952) 368-3434 Fax: (952) 3684877 Complete mailing address: 9611 Meadowlark Lane, Chanhassen, MN 55317 Chanhassen MN 55317 IA. AUTHORIZED AGENT (Only ijapplicable; an agent is not required) Name: Phone: Complete mailing address: 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): See Table Below (Check all that apply): []Lake ❑River ®Wetland type ❑ 1 ❑ 1 L ❑ 2 ❑ 3 ❑4 ❑ 5 ❑ 6 ❑ 7 ❑ 8 See Table Below Indicate size of entire lake or wetland (check one): See Table Below ® Less than 10 acres (indicate size: ) ❑ 10 to 40 acres ❑ Greater than 40 acres Welland Pro osedff(,,Fi111Exca,. Basln Sue T y� Welland Drainage ID (sq. it) (Girt. Type Dominant Ve etatbnTopetnphlcArea 9 Seht�39) Covnrdin ( ) FIII Exe(t acres) s .R s . A 25,174 4 PEMH Reed canary grass 15,568 9,606 0.36 0.22 Isolated 9.2 B 5,791 1/2 PEMA/B Spike rush spp. 207 0 0.005 0 Tributary 3.4 Total 30965 15775 9,606 0.36 0.22 Drainage areas are approwmate and were estimated using surveyed two -foot contour data. 3. PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance). Project street address: Fire #: NA City (if applicable): Chanhassen '/a Section: NE''/ Section: 26 Township #: 116N Range #: 23W County: Carver Lot #: Block: Subdivision: Watershed (name or #) Mississippi River — Shakopee (#33) 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. See Attached Narrative 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. Attach PROJECT DESCRIPTION sheet. See Attached Narrative Footprint of project: acres or square feet drained, filled or excavated. See Table above 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 PROJECTALTERNATIVES sheet if needed. See Attached Narrative 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. Available Upon Request Westwood Professional Services, Inc. (952) 937-5150 Page 1 Minnesota Local/State/Federal Application Forms for Water/Wetland Projects 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. 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. NA Conditional Use Permit P County P Plat Approval P Town/City P Zoning Variance NA SHPO P NPDES P EAW/EIS/AUAR NA Slate Disposal System Permit NA Groundwater Appropriation Permit P Watershed District Permit NA Hazardous Waste Site NA Feedlot Permit Other: (Enter P if Pending, A if already been approved, D if denied, or NA if not required) 10. 1 am applying for state and local authorization to conduct the work described in this application. I am familiar with the information containffd'm this application. To the best of my knowledge and belief, all information in Part I is true, complete, and accurate. I possess the atytitam acting to undertake the work described, or 1 aacting as the duly authorized agent of the applicant. // I , /_ Sign of applicant (Landowner) ate Signature ojagent (if applicable) Date This block must be signed by the person who desires to undertake the proposed activity and has the necessary property rights to do so. If only the Agent has signed, please attach a separate sheet signed by the landowner, giving necessary authorization to the Agent. Westwood Professional Services, Inc. (952) 937-5150 Page 2 Minnesota Local(State/Federal Application Fors for WaterMefland Projects The public burden for this collection of mfomation is estimated to average 10 hours per response, although the majority of applications should require 5 hours or leas. This includes the time for reviewing instructions, searching existing dam sources, gathering and maintaining the dam needed, and completing and reviewing the collection of infomation. Send comroenm regarding this burden esdr am or any other aspect of this collection of inforoation, including suggestions for reducing this burden, o Deparmrem of Defense, Washington Headquarters Service Direcmram of Inforrratiun Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; 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 to any penalty for failing to corrply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form o either of these addresses. Completed applications must 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 Water 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 pemmt. Routine uses: This information nay be shared with the Depamnent ofJwtice and other Federal, state, and local government agencies. Submission ofrequested information is voluntary; however, if inforsmtion is not Provided the permit application cannot be evaluated nor can a pennit be issued I. APPLICATION NO. ITEMS 1 THR 2. FIELD OFFICE CODE 4 TO BE FILLED IN BY TBE CORPS 3. DATE RECEIVED 1 4. DATE APPLICATION COMPLETED 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 11. This optional Federal form is valid for use only when included as Dart of this entire state anolication Dacket. 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) Mr. Tim Erhart 6. APPLICANT'S' ADDRESS - -'T'S ADDRE�._""s 7. APPLICANT'S PHONE NO.I 10. AGENT'S PIIONENQ' 11. STATEMENT OF AUTHORIZATION (ifapplicable; coniplefe onh y awhormng 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 infomtation in support of this permit application. APPLICANT-S SIGNATURE: DATE 12. PRO 13 NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECTS " FREEFADDRESS(if applicable) 15, LOCATION OF PROJECT 16.OTHER LOCATION DESCRIPTIONS, IF KNOWN (sea instructions) 17. DIRECTIONS TO THE SITE 18. NATURE OF. ACTH IY 19. PROJECT PURPOSE 20. RF',ASOMS) FOR DISCHARGE 21.'CYPPS OF MATERIAL BEING DISCHARGED AND THE AMOUNT Of EACH TYPE IN CUBIC YARDS 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLER 23.IS ANC' PORTION OF THE WORK ALREADY COMPLETEl 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. Westwood Professional Services, Inc. (952) 937-5150 Pa ? Minnesota Local/State/Federal Application Fors for WaterMelland Projects 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. 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. Signature of applicant Date Signature of agent (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 t I has been filled out and signed. 18 U.S.C. Sxtion 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up with any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $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) Westwood Professional Services, Inc. (952) 937-5150 Page 4 Minnesota Local/StatelFederal Application Fortes for WaterNYeband Projects 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 8420.0220) ❑ Replacement required - applicant must complete Part B 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 Date Name and Tide For Agricultural and Drainage exemptions (MN Rule 9420.0122 Soaps. 1 and 2B), LGU has received proof of recording of restrictions (per MN Rule 8420.0115): County where recorded Date Document it assigned by recorder LGUofficial signature Date Westwood Professional Services, Inc. (952) 937-5150 Page 5 Minnesota Local/State/Federal Application Fonns for Water/Wedand Projects PART 11: REPLACEMENT PLAN SUPPLEMENT For assistance in completing Pan q 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 irgtact; 2) If your project has more than one wetland impact, reference your overhead view (pan 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, all your LGU or S WCD office for assistance. (Photoropy chartfor more impacts, if needed.) DESCRIPTION OF WETLAND IMPACTS County, Proposed Proi osed Wetland Impact Watershed Name or# Section, Township, Weiland Type Dominant Vegetation Fill Excay. Fill Excay. Basin ID Range (Circ. 39) (sq. ft) (sq. ft. acres acres A Mississippi Sec. 26, 4 Reed canary grass 15,568 9,606 0.36 0.22 River- T116N, Shakopee R23W (#33) B Mississippi Sec. 26, 112 Spikerush Sp. 207 0 0.005 0 River- T116N, Shakopee R23W (#33) Total 15,775 F 9,606 1 0.36 1 0.22 Existing land use in project area: See Attached Narrative '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 ❑ orsquare feet ®) Type: 1: 207 S.F. IL: 2:_ 3: 25.174 S.F. 4: _5:_6:_7: _8:_ R:_ 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. 13. SHORELAND IMPACT ZONE: Please identify each wedand impact site noted in Section 15 that is within 1000 feet of a lake or 300 feet of a river. All wetland tmoact areas are within the Shoreland Impact Zone 14. HOW PROPOSED REPLACEMENT WELL BE ACCOMPLISHED: Indicate how proposed replacement will be accomplished (check only one box below and continue as indicated): ❑ A. Wetland banking only Complete Application for Withdrawal of wetland Credits Form and include with your application. Copies of this forth are available from your LGU, or download a copy from www.bwsr.state.mn.us Skip to Section 19, page 6 (You do not need to oorrplete Sections 15-I8). ® B. Project -specific replacement only Continue with Section 15 below. ❑ C. A Combination of wetland banking and project -specific replacement Complete Application for Withdrawal of Weiland Credits Form and include with your application. Copies of this form are 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 file break, restated 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 be 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 DESCPJP77ON OF REPLACEMENT WETLAND CONS7RUC77ON See Attached Narrative Westwood Professional Services, Inc. (952) 937-5150 Page 6 Minnesota Local/State/Federal Application Forms for WaterMe0and Projects 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 Welland Bank for future use? ❑ Yes ® No. If yes, submit a Wetland Banking Application directly to your LGU. Copies are available from your LOU, or download a copy from www.bwscstate.rmm.us 17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below: 1) Use one row 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 line(s) 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 S WCD office for assistance. Photocopy chartfor more wetland replacements, ifneeded.) DESCRIPTION OF REPLACEMENT WETLANDS New Public Wetland Value Wetland County, Wetland Credits Credits Restored Wetland Basin ID Size Watershed Section Type (NWCPVC) ) ( Topographic General or (Acres) Name or# Township, Township, (Girt. 39) (Square (Square Setting Location Created? Range Feet) Feet) Below Above 902.5 902.5 M-1 0.83 Mississippi Sec. 26, 213 36,104 0 Tributary Surrounding Created River- T116N, Weiland with Shakopee R23W ditch (#33) berm Pond 1: 0.41 Mississippi Sec. 26, N/A 0 17,903 N/A Near Created PVC Credits River- T116N, Weiland Shakopee R23W (#33) M-1: Upland Buffer 0.46 Mississippi Sec. 26, N/A 0 20,018 N/A Surrounding Created PVC River- T116N, Weiland Shakopee R23W (#33) Torah 1.43 36,104 1 37,921 18. ADDITIONAL INFORMATION REQUIRED FOR PROJECT -SPECIFIC REPLACEMENT (Required only if you marked Box B or Boa 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 not 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 to produce and maintain wetland characteristics. See Attached Narrative 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 Ara) 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 It is true, complete and accurate; and I 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 BANKING AND PROJECTSPECIFIC 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 all 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 Welland Bank. Westwood Professional Services, Inc. (952) 937-5150 Page 7 Minnesota Local/State/Federal Application Forms for WaterNOetland Projects PartC. 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 proofof such recording to the LGU. of my knowledge and belief, all information in Part 11 is true, complete and accurate; and I affirm all statements in Pan. A and C, as well as urance(;}irl Part B. or agent FOR LGU USE ONLY Replacement plan is (check one): ❑ Approved ate ❑Approved with conditions (conditions attached) ❑ Denied LGU afcial signature Date LGU has received evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland: County where recorded Date Dominant W assigned by recorder LGU official signature Date Westwood Professional Services, Inc. (952) 937-5150 Page 8 WETLAND PERMITS APPLICATION NARRATIVE ERHARTPROPERTY CITY OF CHANHASSEN, MINNESOTA September 5, 2006 TABLE OF CONTENTS Page PROJECT PURPOSE, DESCRIPTION, SCOPE, AND WETLAND IMPACTS ............................... 1 PROJECT BACKGROUND AND HISTORY................................................................................... 1 WETLANDOVERVIEW.................................................................................................................. 2 WetlandMapping...................................................................................................................... 2 Wetland Delineation and Results............................................................................................. 2 REGULATORYFRAMEWORK...................................................................................................... 3 Minnesota Wetland Conservation Act, as amended............................................................... 4 Section 404 of the Federal Clean Water Act............................................................................ 4 City of Chanhassen City Code, Chapter 20 Zoning, Article VI. Wetland Protection............ 4 SEQUENCING............................................................................................................................... 4 AlternativesConsidered........................................................................................................... 5 NoBuild Alternative.............................................................................................................. 5 Wetland Avoidance Alternative............................................................................................ 5 ProposedSite Plan................................................................................................................ 6 WetlandImpact Minimization................................................................................................... 7 ImpactRectification.................................................................................................................. 7 Impact Reduction and Elimination Over Time........................................................................ 7 WETLANDREPLACEMENT.......................................................................................................... 7 Wetland Replacement Required............................................................................................... 7 Wetland Replacement Proposed.............................................................................................. 8 Proposed Onsite New Wetland Credit................................................................................. 8 Proposed Public Value Credit............................................................................................... 8 Wetland Replacement Monitoring............................................................................................ 9 Westwood Professional Services, Inc. (952) 937-5150 WETLAND PERMITS APPLICATION NARRATIVE ERHART PROPERTY CITY OF CHANHASSEN, M/NNESOTA September 5, 2006 PROJECT PURPOSE, DESCRIPTION, SCOPE, AND WETLAND IMPACTS The purpose of Erhart Property project is to allow continued access to the Erhart Property from Powers Boulevard and to meet the growing demand for commercial/officelindustrial space development in the City of Chanhassen. The t 122-acre site is located in Section 26, T116N, R23W, City of Chanhassen, Carver County, Minnesota (Exhibit 1). This site consists of a mixture of woodland, wetland, open fields, and a planted tree farm. One private residence exists in the middle of the Erhart Property, and is accessible from West 96 h Street. The site is bounded by Powers Boulevard to the west, Great Plains Boulevard to the east, West 96th Street to the south, and undeveloped woodland and wetland to the north (Exhibit 2). The scope of the project is limited to the far western end of the Erhart Property. Approximately 6 acres west of the large marsh will be graded to provide access to the property from Powers Boulevard for continued use of the land as a tree farm, and for a building pad to support development of roughly 60,000 square feet of commereial/offrcelindustrial space and approximately 250 parking stalls in the future. The remaining t 116 acres of the Erhart Property is not anticipated to be developed for another ten years. The proposed project entails 15,775 square feet (0.36 acre) of wetland fill and 9,606 square feet (0.22 acre) of wetland excavation for access to the property from Powers Boulevard, and for stormwater treatment facilities. The project complies with the wetland replacement requirements of the Minnesota Wetland Conservation Act (WCA) and Section 404 of the Federal Clean Water Act. Wetland impacts will be replaced using a combination of New Wetland Credit from an onsite wetland creation area and Public Value Credit (PVC) from onsite stormwater ponding and upland buffer. Overall, the project design provides 74,025 square feet (1.70 acres) of wetland replacement, including 36,104 square feet (0.83 acre) of NWC from onsite created wetland, 17,903 square feet (0.41 acre) of stormwater ponding PVC, and 20,018 square feet (0.46 acre) of upland buffer PVC. PROJECT BACKGROUND AND HISTORY Until recently, four properties, including the property described in this proposal, were served by a public road emanating from Pioneer Trail located on approximately the same alignment as the new Powers Boulevard. One of the properties included a farm and home site occupied by the Wallace Krause family. The street ran one half mile north from Pioneer Trail and terminated in a cul-de-sac. The farm site was approximately 100 yards north of the cul-de-sac, and used the cul-de-sac as its primary access. The road was maintained by the City of Chanhassen. The farm site and home were abandoned in the late 1970's, at which time the city ceased maintaining the road. While no gravel was added, the culverts and drainage of the road was in good condition (to where Westwood Professional Services, Inc. (952) 937-5150 Erhart Property Page 2 Wetland Permits Application Narrative September 5, 2006 the Laurent and Erhart access was located) until the construction of new Powers Boulevard. The road continued to be used by Gil Laurent and Bruce Jueressen for farming. Frank Fox, who purchased the Krause farm site, used it as the only access to his property. The Erhart's used it as their only commercial suitable access to the western part of his property where they operate one of two tree growing ranges on their property. The Erhart's have no practical alternative access to this growing range other than from the old road, now upgraded Powers Boulevard. However, the construction of Powers Boulevard overlaid and destroyed the existing road and therefore whatever access the road provided to the four landowners. All four owners used the road and considered the right of way a public asset allowing them use of their property. MnDOT did ultimately provide a curb cut to the Erhart property when constructing new Powers Boulevard. However, the access is unusable in its present form because it immediately leads to a steep bank and into a wetland. This proposal would allow the construction of a driveway from the access provided from Powers Boulevard to the western part of the Erhart Property. This 10 acres (approximate) of land is separated from the eastern part of the property by a heavily wooded ridgeline and large wetland. The accessible acres will allow the continued use of the existing tree growing range. Eventually this access will be used to serve some type of commercial or industrial facility lying directly to the north of the proposed driveway. It will also serve as an access to a future site for a lift station planned for the area immediately to the south of the proposed driveway. The entire area is scheduled for inclusion in 2010 MUSA. WETLAND OVERVIEW Wetland Mapping Prior to delineating the wetland boundaries in the field, Westwood reviewed two -foot contour mapping, National Wetlands Inventory (NWI) mapping (1989) (Exhibit 3), the Survey Geographic (SSURGO) database, Carver County, Minnesota (Carver County, 2006) (Exhibit 4), and DNR Public Waters and Wetlands Inventory mapping for Carver County (Minnesota DNR, 1996) (Exhibit 5). The National Wetlands Inventory (USFWS NWI, 1989) (Exhibit 3) depicts three wetlands on the eastern portion of the property, but none of these correspond to the two delineated wetland areas. The Soil Survey Geographic (SSURGO) database, Carver County, Minnesota (2006) (Exhibit 4) indicates that the site contains the following hydric soils: Essexville sandy loam, Hamel loam, Glencoe clay loam, and Houghton and Muskego soils (Hydric Soils of Minnesota, revised December, 1995). All other soils are indicative of uplands. The DNR Public Waters and Wetlands Inventory for Carver County indicates that no DNR Public Waters, Wetlands, or Watercourses occur within the western portion of the Erhart Property where development is proposed; however, DNR Wetland 10-215W is located on the eastern end of the property (Exhibit 5). Wetland Delineation and Results Westwood delineated and flagged a total of two wetlands on August 1, 2006 at the far western end of the Erhart Property. The wetlands were delineated using the level two routine determination method set forth in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, Waterways Westwood Professional Services, Inc. (952) 937-5150 Erhart Property Page 3 Wetland Permits Application Narrative September 5, 2006 Experiment Station, 1987), in which a sampling transect was established in representative transition zones of the identified wetland. The transect consisted of one sampling point in upland and one point in wetland. Soils, vegetation, and hydrology information were recorded for each point on the data form, which is included at the back of this report. Species dominance for vegetation measurements was based on the percent aerial or basal coverage visually estimated within a 30-foot radius for the tree and shrub layers and a five-foot radius for the herbaceous layer within the community type sampled. Wetlands were classified according to Wetlands of the United States (U.S. Fish and Wildlife Service Circular 39; Shaw and Fredine; 1971) and Wetlands and Deepwater Habitats of the United States (FWS/OBS Publication 79/31; Cowardin et. al. 1979) (see the Classification Systems Table at the end of this narrative). Common names for vegetation identified in this report and on the attached data forms generally correspond with the nomenclature used in the National List of Plant Species that Occur in Wetlands: North Central (Region 3) (USFWS, Reed, 1988) and/or Vascular Plants of Minnesota (University of Minnesota, Ownbey and Morley, 1991). Wetland A is a Type 4 (PEMH) wetland located just east of the western property line, and Wetland B is a Type 1/2 (PEMA/B) wetland located approximately 800 feet northeast of Wetland A. These wetlands have a total area of 30,965 square feet (0.71 acres). The delineated wetlands are depicted on the attached Wetland Boundary map (Exhibit 6) and are described in Table 1 below. The boundaries of these two wetlands were reviewed and verbally approved in the field by City staff on August 14, 2004. Wetland Descriptions The portion of the Erhart Property delineated to support this project contains approximately 0.71 acres of jurisdictional wetlands distributed among two basins (Table 1, Exhibit 6). Vegetation quality is generally low, as indicated by the absence and rarity of native plants and the general dominance of reed canary grass. Table 1. Summary of Delineated Wetlands Basin ID Size s .a. Wetland Type Circ. 39 Wetland Type Cowardin Dominant Ve etatbn A 25.174 4 PEMH reed canary grass B 5,791 1/2 PEMAB Spike rush sp. Total 30 REGULATORY FRAMEWORK Wetlands within the Erhart Property are regulated under: • The Minnesota Wetland Conservation Act of 1991, as amended (WCA), administered in this area by the City of Chanhassen, Section 404 of the Federal Clean Water Act (CWA), administered by the U.S. Army Corps of Engineers (Corps), and • City of Chanhassen City Code, Chapter 20 Zoning, Article V1. Wetland Protection. Westwood Professional Services, Inc. (952) 937-5150 Erhart Property Page 4 Wetland Permits Application Narrative September 5, 2006 Minnesota Wetland Conservation Act, as amended Under the WCA, submittal and approval of a wetland replacement plan application is required for the proposed 15,775 square feet (0.36 acre) of wetland fill and 9,606 square feet (0.22 acre) of wetland excavation. This amount of wetland impact exceeds the 2,000 square -foot De minimis exemption for type 1, 2, 6, and 7 wetlands outside of a shoreland wetland protection zone. The proposed wetland impacts require full sequencing under the WCA, and therefore this Wetland Permits Application addresses wetland avoidance, impact minimization, rectification, and replacement. Section 404 of the Federal Clean Water Act Wetlands on the site were reviewed to determine if they meet the U.S. Army Corps of Engineers criteria for "waters of the United States." Connectivity of onsite wetlands to other "waters of the United States" was assessed by reviewing the delineated wetland boundaries, the Soil Survey of Carver County, the DNR Public Waters Inventory mapping, and current plans for Powers Boulevard. Hydrology from Wetland B flows southwest to Wetland A through overland drainage. They are not, however, connected by hydric soils. There is no hydrologic connection between Wetland A and wetlands on the west side of Powers Boulevard, making both wetlands hydrologically isolated from other "waters of the United States." Consequently, the project is eligible for a Letter of No Jurisdiction from the U.S. Army Corps of Engineers. City of Chanhassen City Code, Chapter 20 Zoning, Article VI. Wetland Protection Under the City of Chanhassen City Code, Chapter 20 Zoning, Article VI (Wetland Protection), drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Any alteration to a wetland, permitted by a wetland alteration permit, must be fully mitigated so that there is no net loss of wetlands. Standards for Wetland Replacement include the use of Best Management Practices, erosion control measures, and the establishment of upland buffers. The ordinance establishes three wetland types and one water body type: (1) ag/urban wetland, (2) natural wetland, (3) pristine wetland, and (4) utilized. The City of Chanhassen City Code indicates that a buffer strip shall be maintained abutting all wetlands and shall be identified by permanent monumentation acceptable to the city. The buffer strip and structure setback widths are based on the established wetland type. Wetland B is an aglurban wetland and requires a buffer strip with an average width of 16.5 feet. Wetland B and the proposed mitigation area will also require a 40-foot structural setback from the edge of the wetland buffer strip. SEQUENCING A summary of wetland impacts is provided under Item 2 in the Minnesota Local/StateJFederal Application Form for Water/Wetland Projects, Part 1: Basic Permit Application, located at the front of this application package. The Applicant recognizes that WCA and Corps rules require sequencing for wetland avoidance, impact minimization, impact reduction and elimination over time, and replacement. The development has been designed to avoid wetland impacts to the extent practicable given the physical constraints of the property, including the location of wetlands, avoidance of existing woodlands and significant trees, existing bluff corridors, and steep topographic relief. Westwood Professional Services, Inc. (952) 937-5150 Erhart Property Page 5 Wetland Permits Application Narrative September 5, 2006 Complete avoidance of the wetlands is not considered practicable on this site due to: (1) the physical constraints mentioned above, (2) site access limitations, (3) the need for functional traffic routing to provide safe ingress and egress from the site, (4) proposed alignment of County roads and access points, and the need for an earthen berm to create new wetland credits. The Proposed Site Plan provides the best compromise between wetland avoidance and project objectives. Alternatives Considered Consideration was given to multiple design alternatives before the project proposer settled on the Proposed Site Plan. The following are among the alternatives considered: 1. No Build Alternative 2. Wetland Avoidance Alternative 3. Proposed Site Plan No Build Alternative The No Build Alternative would completely avoid wetlands on the property. However, the No Build Alternative is not considered practicable because: (1) it -would not allow the Erhart's a suitable commercial access to the western part of their property where they operate one of two tree growing ranges, (2) the site will eventually be guided towards development due to its prime location adjacent to Powers Boulevard (County Road 17) and the new Highway 212 on -ramp, and (3) the No Build Alternative would neither fulfill the purpose of the project nor satisfy the need for additional continued access for tree farming or office space for local businesses in the City of Chanhassen. The proposed entrance is within 800 feet of the Highway 212 on -ramp. To leave this property undeveloped so close to major roadways would be poor land planning, and would ultimately force development further from the Metro area, contributing to urban sprawl. Wetland Avoidance Alternative A Wetland Avoidance Alternative involving construction of a similar access for tree farming and future commerciallofficelindustrial development designed to totally avoid wetlands was considered, but was found unworkable. The access points to the Erhart Property and the property to the west were dictated by the County and MnDOT based on safe distances from the new Highway 212 on -ramp to the north and Pioneer Trail (County Road 1) to the south. MnDOT also dictated that the entrances to the Erhart Property and the western property be directly across from one another. Moving both entrances south would avoid the wetland on the Erhart Property, but would force the western entrance through a larger wetland complex. Moving both of the entrances north places the entrances too close to the new Highway 212 on -ramp. vow» arx� cw. bo Even if MnDOT had not dictated the location and arrangement of the entrances, avoiding Wetland A completely would require that the access point to the Erhart Property and the stormwater pond be moved to the north or south by roughly 220 feet. Shifting the entrance to the south would force the road into an area with extremely steep grade changes, creating an unsafe situation for motorists, and requiring 10 to 20-foot retaining walls. Moving the entrance and stormwater pond north of Wetland A would reduce the developable area for the office space by roughly 30 percent, which would not provide enough buildable area for the 60,000 square -foot structure and associated parking. Moving the access point to the Erhart Property north or south would also create an awkward transportation network because Powers Boulevard Westwood Professional Services, Inc. (952) 937-5150 Erhart Property Page 6 Wetland Permits Application Narrative September 5, 2006 is designed with a center median. Consequently, cars could only gain access to the Erhart Property from the northbound lane. The current design aligns the Erhart access with the access point for the property to the west; thereby creating a safer intersection and transportation network between the two properties. Proposed Site Plan The Proposed Site Plan entails 25,381 square feet (0.58 acre) of WCA jurisdictional wetland impacts. The Proposed Site Plan represents the best and preferred alternative for meeting the objectives of the City and the Applicant while avoiding wetlands to the extent practicable. Total wetland avoidance is not practicable given the need for access to the site for continued agricultural use, a safe and practical transportation network, and established property access points. Table 2 provides the wetland classifications, proposed wetland impacts, and the site -specific justification or rationale for each wetland impact. The proposed project involves 0.58-acre of WCA jurisdictional wetland impacts within wetland that is generally dominated by reed canary grass. Wetland impacts will be replaced at a ratio that meets or exceeds the 2 to 1 WCA replacement ratio with 36,104 square feet (0.83 acre) of NWC from onsite created wetland, 17,903 square feet (0.41 acre) of stormwater ponding PVC, and 20,018 square feet (0.46 acre) of upland buffer PVC. The mitigation proposed will offset the proposed wetland impacts and will result in greater long-term wetland functions to the surrounding landscape. Wetland replacement will result in better long-term perpetuation of wetland functions and values and will increase plant diversity. Table 2. Summary of Wetlands and Rationale for Imnact Wetland Proposed Impact Wetland ID Wetland "Acres Classification S . Fl. Acres Rationale for Impact A 25,174 0.58 4 25,174 0.58 The rationale for impact to Wetland A was thoroughly described in the Wetland Avoidance Alternative. Avoiding the wetland is not possible due to previously established access points to the Erhart Property by the County and MnDOT, and topographic and area restrictions for site development. B 5.791 0.13 1/2 207 0.005 The 207 square feet of impact to Wetland B will make it possible to use a restorative approach to wetland replacement rather than excavating around the wetland to create New Wetland Credit. An earthen berm will be constructed on the southern end of the wetland to block an existing drainage swale. This will effectively block hydrology from leaving the depression, filling the existing basin with hydrology to roughly the 902.5 contour elevation. Total 30.965 0.71 25,381 0.58 The Proposed Site Plan is the preferred alternative because it: (1) allows continued access to the Erhart Property for their tree farming operations and future commercial/office(industrial development, (2) proposes a transportation network that provides safe access to the site for automobiles and emergency Westwood Professional Services, Inc. (952) 937-5150 Erhart Property Page 7 Wetland Permits Application Narrative September 5, 2006 vehicles, (3) provides convenient access to adjacent parcels, and (4) provides a wetland replacement area that will perpetuate wetland functions and values into the future. Rather than surrounding Wetland A with roads and impervious surface, the proposed plan replaces this wetland in an area removed from development, where wetland functions and values will persist in perpetuity. Wetland Impact Minimization The project has been designed to minimize wetland impacts to the extent practicable while preserving wetland functions. The Proposed Site Plan is the preferred alternative because it creates a functional transportation network for the proposed office development, and dovetails with County and MnDOT plans for access points along Powers Boulevard. Existing features that create challenges to develop the site and preserve wetland functions include: (1) wooded bluffs, (2) significant topographic relief, (3) existing property access points dictated by County and MnDOT regulations, (4) bluff overlay districts, (5) the general location of Wetland A in the center of the western portion of the property, and (6) limited access to the property from other directions. Impact Rectification Because it will not be possible to restore the filled wetland, impact rectification is considered unfeasible. Therefore, the Applicant is proposing onsite wetland replacement. Impact Reduction and Elimination Over Time bnpact reduction and eliniination over time will be accomplished by using Best Management Practices (BMPs) prior to and during construction. Project construction will need to be covered under the NPDES/SDS Stormwater Construction Activity General Permit administered by the Minnesota Pollution Control Agency. Stormwater for this project will undergo pretreatment in water quality basins designed to NURP (Nationwide Urban Runoff Program) guidelines prior to discharge to wetlands. When possible, innovative stormwater management techniques will be further utilized to improve quality of sormwater discharges. All wetland fill will consist of clean, uncontaminated soil. Appropriate erosion control measures will be implemented in accordance with NPDES permit requirements to reduce the potential for incidental wetland fill. Silt fence will be used to curtail sedimentation, minimize water quality impacts, and protect existing wetland functions and values during and after project construction. Silt fence will be installed at the proposed grading limits of each construction phase prior to the initiation of earthwork and will be maintained until viable ground cover is established on exposed soils. To minimize erosion hazards and encourage slope stabilization, graded surfaces will be seeded as soon as practical after completion of final grading. Erosion control blankets will be used to stabilize steep slopes if necessary following final grading. WETLAND REPLACEMENT Wetland Replacement Required Under the Minnesota WCA, approximately 50,762 square feet of wetland replacement credit is required to compensate for the 25,381 square feet of wetland impacts. At least half of the required replacement credit needs to be in the form of NWC to satisfy WCA requirements. Up to half of the wetland replacement may come from PVC, which may be applied toward the second half of the 2 to 1 replacement. The Applicant proposes to meet WCA requirements by combining New Wetland Credit and Pubic Value Credit. Westwood Professional Services, Inc. (952) 937-5150 Erhart Property Page 8 Wetland Permits Application Narrative September 5, 2006 The minimum required wetland replacement calculations are illustrated below. The Applicant has determined that the wetlands are isolated and therefore eligible for a Letter of No Jurisdiction from the U.S. Army Corps of Engineers. Wetland Replacement Required (Square Feet) Minnesota WCA U.S. Army Corps of Engineers 15,775 Wetland fill 0 Adjacent/tributary wetland fill 9,606 Wetland excavation 0 Total impact requiring replacement x 2 2 to 1 replacement x 1.5 1.5 to 1 replacement 50,762 minimum required 0 minimum required Wetland Replacement Proposed The Applicant proposes to meet WCA requirements by combining New Wetland Credit (NWC) and Public Value Credit (PVC). The project provides a total of 74,025 square feet (1.70 acres) of wetland replacement. The Applicant recognizes that the wetland replacement construction is not a precise practice, which depends partially on the diligence of the construction contractor. The surplus NWC proposed reflects the Applicant's commitment to meet wetland replacement requirements. A summary of wetland replacement areas is provided under Item 17 in the Minnesota Local/State/Federal Application Form for Water/Wetland Projects, Part 2: Replacement Plan Supplement, located at the front of this application package. Proposed Onsite New Wetland Credit Exhibit 7 shows the proposed wetland mitigation areas for the Erhart Property and the proposed contours and cross-section for the wetland mitigation area. The wetland replacement area will be constructed by building a berm at the southern end of the wetland to block a natural drainageway. The outlet of the berm will be set at an elevation of 901.5, with wetland characteristics anticipated nearly a foot above this elevation. Other than construction of the berm, there will be no excavation or grading to construct the wetland. Proposed wetland edges will feature undulating bottom contours and slopes no steeper than 5 to 1 to help assure a functional transition to upland. Proposed Public Value Credit The WCA, as amended, allows PVC for buffer areas with permanent and noninvasive vegetative cover established or preserved on upland adjacent and contiguous to replacement wetlands. The required average buffer width within municipal areas is 25 feet with 5:1 slopes. Replacement credit for the buffer may not exceed 100 percent of the replacement wetland area and may only be used as public value credits for replacement above a 1:1 ratio. The project provides 20,018 square feet of upland buffer that is eligible for Public Value Credit as shown in Item 17 in the Minnesota Local/State/Federal Application Form for Water/Wetland Projects, Part 2: Replacement Plan Supplement, located at the front of this application package. Westwood Professional Services, Inc. (952) 937-5150 Erhart Property Wetland Permits Application Narrative Wetland Replacement Monitoring Page 9 September 5, 2006 Under the WCA, replacement wetlands require monitoring for a period of five years following completion of the wetland replacement project, or until Technical Evaluation Panel (TEP) deems the replacement wetland to be fully functional. A wetland monitoring report will be submitted to the LGU at the end of each monitoring year and will contain the following information: 1. a description of the project location, size, current wetland type (Cowardin classification), and desired wetland type (goal); 2. a comparison of the as -built specifications versus the design specifications (first annual plan only) and a rationale for significant changes; 3. hydrology measurements: seasonal water level elevations or aerial coverage measurements during the period April through October; 4. a map of plant communities within the boundaries of the replacement site, including hydrologic indicators observed; and 5. color photographs of the Project Area taken anytime during the growing season. If it can be shown that a wetland replacement area is fully functional prior to the fifth year of monitoring, the Applicant may request that the LGU waive the remainder of the five-year monitoring requirement. Westwood Professional Services, Inc. (952) 937-5150 0 EXHIBITS Mev Document(P 110091O9f`gbU006109itiMi AmRO) \ Legend ._ { { l�r�c,� Property Bo ndary�• Dulu &I. l: McDNR DRG (Shill Ra8n119931. e d P vices, IrR. 36" Awg.. Drive Fril NIN 55344 Eden Polrla, MN 553N E w PHONE 9151-933-5150 N TOL I-SM37-51 TOLL FREE 1-B88-933-5150 Westwood Ww Wail 0 2,000 Feet \ a I � f „ l /�� •,> ;yam l f -F f� /+ ^ r l �� I Erhart Property Chanhassen, Minnesota Site Location and USGS Topography EXHIBIT 1 _ _�.� •� -mot. NR9ba . y l a % �/ �. f �..:\ •��v if • fry � �1 vim•.. � *�•� y; yam. • 1 at 3.Irw iv4 ir ow LIT Legend Ao Wp Documenl:IP:tTW91n96`gu12CO6t WgmnntAmW ) Legend Property Boundary = NWI Wetland Wetland Classification: Type 1: Seasonally Flooded Basin Type 3: Shallow Marsh Type 5: Shallow Open Water Type 6: Shrub Swamp Type 7: Wooded Swamp Dau9n-1,1: USDA FSA APFO, D (3WJt USFWS NWI (1989). Westwood ProN53,1l5ervices. Inc. 7699 Anagram Ddve Fden Poi�le, MN 553A< W PHONE 952-937-5150 N TOLL TREE 1-RRB-937-5150 Westwood . ....AveeedR+.tem 0 500 Feet G Erhart Property Chanhassen, Minnesota National Wetlands Inventory EXHIBIT 3 Mep 0ocumenl: IP 120061006`gre120p610v4O,xlAmxdl Legend OProperty Boundary _ Hydric Soils DOB So x(AC USDA FSA APFO,DO-ZR0n11: USDA NRCS, SSURfA E!!we apCrva tlnxin r'm)fil, Westwood Prolessional SanKaS, Inc 7699 Anagram ISO. Eden PrairM, MN SS344 w PHONE 952-937-5150 N 95243 -58220 952-9373622 t, TOLL FREE TOLL Westwood www.vnsew ps.xom N\ 0 500 Feet Soil Legend FX Essexville sandy loam HM Hamel loam GL Glencoe clay loam KB Kilkenny -Lester looms, 26 % slopes KB2 Lester -Kilkenny foams. 26 % slopes, eroded KC Lester -Kilkenny loams, 6-12%slopes KC2 Lester -Kilkenny loams, 6.12 % slopes, eroded KD2 Lester -Kilkenny loams, 12-16%slopes, eroded KE2 Lester -Kilkenny loams, 16-25 % slopes, eroded KF Lester-Kllkenny looms, 2540% slopes MK Houghton and Muskego lolls TB Teml loam, 0 to 6 percent slopes W Water Note: 'Hydric' sills haze been cauarvanvely estimated by Westwood as those soils that consist of at least 70 percent hydric soil components. Mapping Is provided as a supplem for held identification purposes. Soils should be field veri e, and excavated to the depth necessary for an understanding of the redoximorphlc properties, Erhart Property Chanhassen, Minnesota Soils EXHIBIT 4 A1.p� Laurent IP1 W61 W 9PSV W610 <PMO t AmuD . �-111�n6 PM r Unnamed (r10-214 W) i in Q gRiley(10- IN?a ar I�irm 0 11 7�mm�. ~ � Legend = Property Bound Dnln Srurtdnl: MNDNRDi1- of .m IRnu1rl, I"6L w euw0O6 PrNL0 S 344 S9anim, Inc )699 Anagram Ddo Eden halrh, MN 53M PHONE 959-937-5150 N TOLL 95 88-937-51 TOLL FREE 1-66&9l)-5150 Westwood www.vnrtwuodP)Lem 0 1.000 Feet Erhart Property Chanhassen, Minnesota DNR Public Waters Inventory EXHIBIT 5 MapDa—t..IP?QOJBVWbgw3 (UONvMWA.mW) Wetland B Type 1/2 5,791 sf Transect Wetland A Type 4 25,174 sf Transec! Inaw C:t:.......✓i.. F. 'u9wlrrl�. •.nwJpar.a,R.`y Legend Property Boundary Wetland Boundary I Dan Smmgq: USDA FSA APPU, DOp ROOM: µ'PS R(xm). s P' , WaFt ewdPmlr S53n Servn:aF. Iris, 7M9 Anagram Drive Fden Polrle, MN 5534R . MN w PHONE 952-939-5ISO IV PAX I -OW 37-51 TOLL FREE 1-11&939-5150 Westwood www.wenwpodPe... 0 500 Feet G Erhart Property Chanhassen, Minnesota Wetland Boundary Map EXHIBIT 6 0 w Westwood Prolesswol $ernceA. Inc l ' SECTION XM1-XM7' \ _ � 1 l i e E6A�M1� a6L0 \\ L r \ if � \` Stan �\ ') t \ f I } L It )\tom I —`\., T1ilO�+LE6U/la pta •.-.. \ 2P\ 1 p \ �\ 1 ) `� i5 � yc\/ ` ` : \29N°.3'`NA \ \ ``. )\lit G '°" 'ETt£R Lu \ \\\ v ` \ \ \ 1 i / 36a 1 ( ([ ¢ Nsa(y,.�� rzNPuuRr wnn 1 }`t;(,!� �• �\ I i I } i ( y �yM� !• 1N6E¢l ]0-15- - • 9p g EX VA % _( y �D p E5 ..__PO FEWBLVD zHt a. ut Lit_— N 9�- - . a .—. . Y.W,aae Arm-fwd lc tti.I-4...AF�TeM»w�eq I4-y- P ..1 »®ru YLrJ m MY �w4m �- ! mars lawns DwyEt 1e1k P WsiLWOOA wwaWwme tr.. 09/%/06 1963 i�to•r MWe `Y 1 Wetland Data Square Feet TOTAL ALL 15,n5 TOTAL EXCAVATON ♦ W6015 TOTAL IMPACT 25.381 x2 REPLACEMENT REQUIRED 50,762 0NqTE WF A D R P ACFM NT WERAND CREATION NEW WETLAND CREDIT 36,104 STORMWATER PONDINC PUBLIC VALUE CREDIT 17.903 UPLAND BUFFER PUBLIC VALUE CREDIT 20,018 Legend TOTAL 74,025 WETLAND FILL ® WETLAND EXCAVATION WETLAND MITIGATION/REPLACEMENT (Welland Creation; New Welland Credit) O O V UPLAND BUFFER (Public Vo a Credit) ......... DELINEATED WETLAND BOUNDARY SILT FENCE W ....Wes TREE PROTECTION FENCE —562— EMSTWG CONTOURS '962— PROPOSED CONTCUn '962— TEMPORARY CONTCRS PROPOSED STORM SEWER ❑ WETLAND BUFFER MONUMENT WET DCQHSMUCnpNNores �ir i ClrW AOImiIEFF�iwO O�iw�T�EM M�T�M �:`�IPsslu,i,b YrOR .. AFOL.aEWMTaoee..Gro SA LF«aLAwFAawaAwAoow-.NrWter ...�31':°F"� nLAaoo.�<�..AL,A. E,�AT -1.1AF wawa.. Call 48 H.I. baler. diggNg: GOPHER STATE ONE CALL TwM City Argo 651-454-0002 S Mn. Tell Frw 1-800-757-1166 0' 60120' I& -� 2006 (ifal.bWC �—�— — - ore 091GV06 6E-b 1 NX 2 Erhart Wetland Grading, Tim Erhart Property Replacement & Will Mesel.,el.,k L. Seeding Plan C2.M.rm. MN 5mr, QuaA.rm, ASinnoatW EAhlblt 7 D m z v m cn APPENDIX A Declaration of Restrictions and Covenants for Replacement Wetland (DRAFT) Space is Reserved for Recording Information) Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Replacement Wetland Declarant: Mr. Tim Erhart, 9611 Meadowlark Lane Chanhassen, Minnesota 55317 General Location of Replacement: Sec. 26, Twp. 116N, Rge.23 W, County of Carver This Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Wetland (Declaration) is made this day of by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the real property described in Exhibit A, attached hereto. B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0110, subp. 40. Exhibit B, attached hereto, is a map or survey of the subject Replacement Wetland. C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes section 103G.222. D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G.222 et seq.. and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0115. E. The Local Government Unit (LGU) charged with approval of the Replacement Plan is City of Chanhassen, whose address is 7700 Market Blvd. P.O. Box 147 Chanhassen MN 55317 F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Page 1 of Decl_ResCov.doc (April 2003) Rules currently in effect and as amended or renumbered in the future. RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and as specified in the replacement plan. 2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan. 3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that, all such parties have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration, pay all costs associated with recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. 6. Acknowledge that this Easement shall be unlimited in duration, without being re- recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 7. If the replacement plan approved by the LGU and on file at its offices requires the establishment of areas of native vegetative cover, the term "Replacement Wetland" as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of native vegetative cover. In addition, the Declarant: Page 2 of 4 Decl_Rmcov.doc (April 2003) (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540, subpart 2.D; (b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas specified in the replacement plan for native vegetative cover, including any necessary planting and replanting thereof, and other conservation practices, in accordance with the replacement plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan; (d) Shall not graze livestock on the areas specified in the replacement plan or; (e) Shall not place any materials, substances, or other objects, nor erect or construct any type Of structure, temporary or permanent, on the areas specified in the replacement plan, except as provided in the replacement plan; (f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan; and (g) Shall comply with any other requirements or restrictions specified in the replacement Plan, including, but not limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site. 8. This Declaration may be modified only by the joint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing. Such modification may include the release of land contained in the legal description above, if it is determined that non -wetland areas have been encumbered by this Declaration, unless the approved replacement plan designates these non -wetland areas for establishment of permanent vegetative cover. 9. This Declaration maybe enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 10. This Declaration must be recorded and proof of recording submitted to the Page 3 of 4 Decl_ResCov.doc (April 2003) LGU or other regulatory authority in order to be valid. Signature of Declarant Signature of Declarant STATE OF MINNESOTA ) ) ss. COUNTY OF Hennepin) This instrument was acknowledged before me on (date) by (name(s) of person(s). (Signature of Notarial Officer) (Title) My commission expires: Attachments: [ ] Attachment A (legal description) [ ] Attachment B (map or survey of Replacement Wetland) This instrument drafted by: Page 4 of 4 Decl_ResCov.doc (April 2003) Westwood Professional Services, Inc. PLANNING . ENGINEERING SURVEYING W TRANSMITTAL 7599 Anagram Drive Eden Prairie, MN 55344 Phone: 952-937-5150 Fax 952-937-5822 Toll free: 1-898-937-5150 E-mail: wps®weA oodps.com Date: August 30, 2006 TWIN CITIESIMETRO ST. CLOUD To: Lori Haak BRAINERD City of Chanhassen 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 From: Genevieve Bolling Regarding: Erhart Property Proj. No.: 20061094 Items: No Description 1 Erhart Property Wetland Delineation Purpose: Remarks: For your approval Delivery: Mail %i-06 GreenGuardian.com - A/ d �✓1- S i -�-e � More- z j� ^ Your one -stop shop for waste reduction & recycling information in the Twin Cities. Copy to: Mr. Joe Yanta,US Army Corps of Engineers Mr. Dwight Jelle Westwood Professional Services, Inc. Desminaft FunreTodav_Ance1972 Local Governmental Unit CITY OF CNANNASSEN Prepared for WETLAND DELINEATION REPORT Erhart Property NE'/G of Section 26, T116N, R23W Chanhassen, Minnesota AUGUST 2006 City of Chanhassen Ms. Lori Haak 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 Phone: (952) 227-1100 Fax: (952) 227-1935 Exlar Corporation Mr. Tim Erhart 1470 Lake Drive West Chanhassen, MN 55317 Phone: (952) 368-3434 Fax: (952) 368-4877 repared by Westwood Professional Services, Inc. ®®® 7699 Anagram Drive Eden Prairie, MN 55344 Phone: (952) 937-5150 Fax: (952) 937-5822 Project No.: 20061094.00 WETLAND DELINEATION REPORT Erhart Property City of Chanhassen, Minnesota August 30, 2006 CONTENTS WETLAND DELINEATION NARRATIVE • Wetland Delineation Results • Wetland Classification Systems Table EXHIBITS i. Site Location and USGS Topography 2. Two -Foot Contours 3. National Wetlands Inventory Mapping 4. Soils Mapping 5. DNR Public Waters Inventory 6. Wetland Boundary Map WETLAND DELINEATION DATA FORMS REPORT PURPOSE This delineation report and the attached exhibits and data forms constitute the wetland delineation report for portions of the site referenced above. This delineation report provides the required documentation for wetland boundary determinations in conformance with the Minnesota Wetland Conservation Act of 1991. Westwood requests that the City of Chanhassen, as the Local Governmental Unit (LGU), provide written confirmation that the delineated wetland boundaries shown on the attached Wetland Boundary Map are acceptable for local administration of the Minnesota Wetland Conservation Act. Please consider this request a formal Wetland Boundary and Type Determination request pursuant to Minn. Rules 8420.0225. SITE LOCATION AND DESCRIPTION The site is located in the NE'/. of Section 26, T116N, R23W, City of Chanhassen, Hennepin County, Minnesota (Exhibit 1). Although other wetlands occur within the property, only two wetlands required delineation at this time. Wetland A required delineation due to adjacent roadway improvements, and Wetland B required delineation due to proposed expansion of the basin for wetland replacement. Proposed development would not impact other wetlands on the property. Surrounding land use consists of woodland, wetland, single-family residential, and familand. The western property boundary abuts and is parallel to Powers Boulevard. Westwood Professional Services, Inc. (952) 937-5150 Wetland Delineation Report — Erhart Property August 30, 2006 Page 2 WETLAND DELINEATION METHODOLOGY Westwood delineated and flagged a total of two wetlands on August 1, 2006. The wetlands were delineated using the level two routine determination method set forth in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, Waterways Experiment Station, 1987), in which a sampling transect was established in representative transition zones of the identified wetland. The transect consisted of one sampling point in upland and one point in wetland. Soils, vegetation, and hydrology information were recorded for each point on the data form, which is included at the back of this report. Species dominance for vegetation measurements was based on the percent aerial or basal coverage visually estimated within a 30-foot radius for the tree and shrub layers and a five-foot radius for the herbaceous layer within the community type sampled. Wetlands were classified according to Wetlands of the United States (U.S. Fish and Wildlife Service Circular 39; Shaw and Fredine; 1971) and Wetlands and Deepwater Habitats of the United States (FWS/OBS Publication 79/31; Cowardin et. al. 1979) (see the Classification Systems Table at the end of this narrative). Common names for vegetation identified in this report and on the attached data forms generally correspond with the nomenclature used in the National List of Plant Species that Occur in Wetlands: North Central (Region 3) (USFWS, Reed, 1988) and/or Vascular Plants of Minnesota (University of Minnesota, Ownbey and Morley, 1991). Prior to delineating the wetland boundaries in the field, Westwood reviewed Two -Foot Contour mapping (Exhibit 2), National Wetlands Inventory (NWI) mapping (1989) (Exhibit 3), the Carver County Digital Soils Data (Carver County, 2006) (Exhibit 4), and the DNR Public Waters and Wetlands Inventory for Carver County (Minnesota DNR, 1996) (Exhibit 5). The wetland boundary was marked using pink "wetland delineation" pin flags and located using standard land surveying equipment. The location of the wetland and the transect location are shown on the attached Wetland Boundary Map (Exhibit 6). RESULTS Mapping No NWI wetlands correspond to the two delineated wetlands. The DNR Public Waters and Wetlands Inventory for Carver County indicates that no DNR Public Waters, Wetlands, or Watercourses occur within the western portion of the Erhart Property. The soil survey of Carver County indicates that the soils fisted below are mapped within the western portion of the property. Essexville sandy loam, Hamel loam, Glencoe clay loam, and the Houghton and Muskego soils are listed as hydric soils (Hydric Soils of Minnesota, revised December, 1995). All other soils are indicative of uplands. Soil Number Soil Name Hydric? EX Essexville sandy loam Yes HM Hamel loam Yes GL Glencoe clay loam Yes KB Kilkenny -Lester loams, 2 to 6 percent slopes No KB2 Lester -Kilkenny loams, 2 to 6 percent slopes, eroded No KC Lester -Kilkenny loams, 6 to 12 percent slopes No KC2 Lester -Kilkenny loams, 6 to 12 percent slopes, eroded No KD2 Lester -Kilkenny loams, 12 to 18 percent slopes, eroded No KE2 Lester -Kilkenny loams, 18 to 25 percent slopes, eroded No Westwood Professional Services, Inc. (952) 937-5150 Wetland Delineation Report — Erhart Property August 30, 2006 Page 3 KF Lester -Kilkenny loans, 25 to 40 percent slopes No MK Houghton and Muskego soils Yes TB Terril loam, 0 to 6 percent slopes No W Water Yes Wetland Descriptions Welland A is a Type 4 (PEMH) wetland located just east of the western property line. Wetland B is a Type 1/2 (PEMA/B) wetland located approximately 800 feet northeast of Wetland A. The delineated wetlands are depicted on the attached Wetland Boundary map and are described in the following narrative. Detailed data collected at the sample points for these wetlands are provided in the attached data forms. Wetland A At the wetland sample point, plants were dominated by reed canary grass, therefore satisfying the hydrophytic vegetation parameter. The wetland soil boring exhibited a thick dark surface, which corresponds to the T7 hydric soil indicator (Field Indicators of Hydric Soils in the United States, NRCS, 2002). Groundwater was 10 inches below the surface. This sample point satisfies all wetland delineation criteria. At the upland sample point, no groundwater was observed to a depth of 21 inches. Plants were dominated by Kentucky bluegrass, common buckthorn, and American elm. The soil profile at Upland Point 1 exhibited a thick dark surface. Based on the dominance of non-hydrolphytic vegetation, and lack of wetland hydrology, this sample point does not meet wetland criteria. Additionally, it is located above the toe of slope. Wetland B At the wetland sample point, plants were dominated by spikerush, therefore satisfying the hydrophytic vegetation parameter. The wetland soil boring exhibited a thick dark surface over a depleted horizon, which corresponds to the T7 hydric soil indicator (Field Indicators of Hydric Soils in the United States, NRCS, 2002). While groundwater was not observed within 18 inches of the surface during the field visit, the wetland hydrology parameter was assumed based on the presence drainage patterns in the wetland, which is considered a primary indicator of wetland hydrology. Two secondary indicators, local soil survey data and topographic position, were also considered in making this determination. This sample point satisfies all wetland delineation criteria. At the upland sample point, no groundwater was observed to a depth of 15 inches. Soils within the top 15 inches were very dry and friable, indicating that soils are not saturated within a foot of the surface long enough during the growning season to satisfy the wetland hydrology parameter. The soil profile at Upland Point I exhibited a thick dark surface. Based on the presence of dry, friable soils, the dominance of goldenrod and common buckthorn, and the absence hydrology within 15 inches of the surface, the sample point location does not meet wetland criteria. Westwood Professional Services, Inc. (952) 937-5150 Wetland Delineation Report — Erhart Property August 30, 2006 Page 4 LGU Site Review and Wetland Boundary Adjustments Wetland boundaries were reviewed in the field by City staff on August 14, 2004. Wetland A's boundary did not require adjustment, and was verbally approved. City staff requested that Wetland B's boundary be expanded approximately 10 feet between flags 19 and 20, which increased the area by 259 square feet. The revised area of Wetland B is 5,539 square feet. Proposed development plans show a berm at the south end of Wetland B. In order to account for potential impacts associated with construction of this berm, the boundary of Wetland B was extended to the south approximately 20 feet. This extension of the boundary increased Wetland B's area by 254 square feet, for a final area of 5,791 square feet. CONCLUSIONS Westwood delineated and flagged two wetlands (Wetlands A and B) within the project area totaling 30,965 square feet (0.71 acres). Both Wetlands A and B correspond to hydric soil mapping, but not to NWI mapping. Westwood requests that the City of Chanhassen, as the LGU, provide written confirmation that the delineated wetland boundaries shown on the attached Wetland Boundaries moo are acceptable for local administration of the Minnesota Wetland Conservation Act. This property is privately owned. This if you have questions or require additional information. Sincerely, WESTWOOD PROFESSIONAL SERVICES, INC. -., A44&1 Genevieve B ling Environmental Scientist cc: Mr. Joe Yanta, US Army Corps of Engineers Mr. Dwight Jelle, Westwood Professional Services, Inc. Westwood Professional Services, Inc. (952) 937-5150 Westwood Professional Services, Inc. WETLAND CLASSIFICATION SYSTEMS Cowardin Wetland Classification System Source: Wetlands and Dee water Habitats of the United States FWS/OBS Publication 79/31; Cowardin et. al. 1979). System S mbol Subsystems System Specific Classes S mbolo Sample Lacustrine L (1) Limnetic 2 Littoral RB, UB, AB, OW, IRS, US, EM, SYMBOLOGY EXAMPLE SYSTEM SUBSYSTEM E Lnss SUBCLASS. WATER REGIME UPLAND (NON -WETLAND) ° R20WH —(LINEAR DEEPWATER HABITAT) " Q — Pr,ntanly represents upland areas, but may include unclassified wetlands such as man modified areas. non photoidentifiableareas and/or unintentional omissions Palustrine P None RB, UB, AB, US, ML, EM, SS, FO, OW Riverine R (1) Tidal Lower (2) Perennial Upper (3) Perennial (4) Intermittent 5 Unknown Perennial RE, UB, SB, AB, IRS, US, EM, OW Classes Special Modifiers Water Re Imes Rock Bottom RB b — beaver d — Partially drained ditched f — Farmed III— diked/impounded r — artificial substrate s — spoil x — excavated A — Temporarily flooded B — Saturated C — Seasonally flooded D — Seasonally flooded/well drained E — Seasonally saturated F — Semi -permanently flooded G — Intermittently exposed H — Permanently flooded J — Intermittently flooded K— Artificially flooded Unconsolidated Bottom UB Streambed SB Aquatic Bed AB Rock Shore RS Unconsolidated Shore US Emergent EM Cien Water OW MOSS Lichen ML Scrub Shrub ss Forested FO Circular 39 Wetland Classification System Source: Wetlands of the United States (U.S. Fish and Wildlife Service Circular 39; Shaw and Fredine, 1971) Type and Definition I Approximate Cowardin Equivalents Type 1: Seasonally flooded basin PEMA, PFOA, PUS Type 2: Wet meadow PEMB Type 3: Shallow marsh PEMC, PEMF, PSSH, PUBA, PUBC Type 4: Deep marsh L2ABF, L2EMF, 1_2EMG, L2US, PABF, PABG, PEMG, PEMH, PUBS, PUBF Type 5: Shallow open water L1 L2ABG, L2ABH L2EMA L2EMB, L2EMH L2RS L2U6 PABH, PUBG PUBH Type 6: Shrub swam PSSH, PSSC, PSSF, PSSG, PSS1, PSS5, PSS613 Type 7: Wooded swamp PF01, PF05, PF06B, PFOC PFOF T e 8: Bog PF02 PF04, PF0713, PSS2 PSS3 PSS4 PSS7B Westwood Professional Services, Inc. (952) 937-5150 EXHIBITS Map Document (D4emPIat8606I2I7I85x11WW..9 V Lake 7-7.7 Erhart Property ". W.OO,j PrOw'..1 �1.1 Inc Legend Chanhassen, Minnesota 7� AnagfGM Dd,nI N Eckn ftalrlq MN 55344 0 2,000 Feet PHONE 952-937.5150 Property Boundary Site Location and USGS Topography FU 152.937.5,22 TOLL FREE I-SM937_ SI SO Westwood EXHIBIT 1 leap Dpwmam:(DATemViafteeg6121T,fi.5x111andmep 4e; Delineated Wetland Delineated Wetland D&aS iaa): MCM1WN DOOO(2WIh On, nf@anh U. mid Services.Inc. 7699 Anagram Drive nags MNive Eden Freida. . NIN 55344 Eden "• w wI PHONE 952-937-5150 22 95D93]7-51 n 0 500 Feet TOLL FREE 1-0fi937-S TFAROLL N Westwood www.westwp w.mm Erhart Property Legend Chanhassen, Minnesota Property Boundary Two -Foot Contours EXHIBIT 2 May Ox t:(D U—Plnleeo61211195.1n.M.ma) Delineated Wetland Delineated Wetland i.. .11,11.v+l M,aMwl DOQQQNISI.IISFWSNWI119M. P Servirn, Inc. 709 Anagram Drive w E&n Pmlri MN 55 44 Ed.n Pralrl., MN Westwood 937-5 PHONE M2.93]-SISO N TO na9937-51 (� 0 500 Feet TOLLFPEE L89693T-S150 N 9,..,m.w.n,..dp,.. Legend Property Boundary NWI Wetland s •, :. �f Erhart Property Chanhassen, Minnesota National Wetlands Inventory EXHIBIT 3 Map O^wment. (P 12oo61oBCIple13U0etoB4wAotA mxd) Delineated Wetland Delineated Wetland DNaS_O, MwkhuN DOQQ a0i USDA NRCS. SSURGOdidbh. rnr Cm 0.1,121Mt. ". Wneweod Prfen,roralMIN55344 rvices, Inc 709 Anagram Drive Eden First,* MIN 55340 E.I PHONE 952-937-5150 N RA% 1-SM9 7-SI TOLL FREE t-6E693]-515a Westwood www.wo woodprsom 0 500 Feet Legend Property Boundary _ Hydric Soils Soil Legend EX Essexville sandy loam HIM Hamel loam GL Glencoe clay loam KB Kilkenny -Lester loams. 2 to 6 percent slopes K82 Lester -Kilkenny loams. 2 to 6 percent slopes, eroded KC Lester -Kilkenny loams. 6 to 12 percent slopes KC2 Lester -Kilkenny hams, 6 to 12 percent slopes, eroded KD2 Lester -Kilkenny foams. 12 to 18 percent slopes, eroded KE2 Lester -Kilkenny looms. 18 to 25 percent slopes, eroded KF Lester -Kilkenny loams, 25 to 40 percent slopes MK Houghton and Muskego soils TB Tamil loam. 0 to 6 percent slopes W Water Note: 'Hyddc" soils have been conservatively Estimated by Westwood as those soils that consist of at least lO percent hydric soil components. Mapping is provided as a supplement for field identification purposes. Soils should be field verified. and excavated to the depth necessary for an understanding of the redoximolphic properties. Erhart Property Chanhassen, Minnesota Soils EXHIBIT 4 Wp M�w�e�t(P:130081099`gM1t00810B9pvnOtA.mrA) n Dnn Smhyq: MN DNR Diviwm of Wam IRevaL 1996). MN W W9mvoo0 Pr5Sarvi[af.IM. 709 An99om Drive Fden %eirN, MN 553" 53eA PHONE 952-932-5150 FM 952-932-5U2 TOU REE 14W937-S1S0 Westwood WW I.WeiWeOdPf.(d I II 11 11 1) 11--11 �9S Unnamed (10-214 W) O Mk Q 214W F fo-wl 00 tm--7 \�� • r Erhart Property Legend Chanhassen, Minnesota A00 Feet Property Boundary DNR Public Wetlands Inventory EXHIBIT 5 Mev Oewmenl'. (P'.�g0810G`ele�3WB1GWw1ag1A m.a) l Wetland A Type 4 25,174 sf Tiansect Dde&1=00: MaM O 12W51. wP512W. N A Wetland B Type 1/2 5,791 sf Transact w E e PWa , MN 553" Servkas. DH. 709 Megnm DNe Mdee Preltle, MN 553ee PHONE 952-937-5922 TOLL 952.93]-5R22 0 500 Feet TOLL FREE bE9&93]-5150 Westwood www.wertw p,.mm Legend Property Boundary Final Wetland Boundaries G Erhart Property Chanhassen, Minnesota Wetland Boundaries for Wetlands A and B EXHIBIT 6 WETLAND DELINEATION DATA FORMS Westwood Professional Services, Inc. WETLANT) DFLINFATTnN FIATA FnRM (ROT"INF. DF.TF.RMTNATTnN METHOD) oject/Job No.: Erhad/Chanhassen/E.hat Pro 20061094 Date: Au t 1, 2006 esti ator: Genevieve Rollin fID Cozen /State: Carver etland/Area ID: A ISample Point: A wet Site/ Wetland Remarks: Special Modifiers Potem[ial Pmbkm Area? Yes El No ❑+ Do normal circumstances exist on the site? Yes + No LJ Is the site si ificantldisturbed (Atypical Situation)? Yes LJ No + VEGETATION Common Name (Dominant> 20 percent Scientific Name Stratum %Cover indicator GRASS,REED CANARY Phalms amndinacea H 100 FACW+ ASH,GREEN Fraxinw nns lvanica S 10 FACW Percent of dominant species that are OBL, FACW, or FAC(Excludin FAC-:100% Welland Type at Transecc 1 Overall WedandT Circular 39 4 Cowardin PEMH Remarks: HYDROLOGY Inundated Depth (in) Sediment Deposits + Saturated in Upper 12 Inches De (in) 10 Primary Hydrology Indintora: ❑ Water Marks ❑ Drift Lines ❑ e Patterns in Wetlands Secondary ludkirtors FAC-Neutral Test Local Soil Survey Data ❑ Other (Explain in Remarks) (2 required): ❑ Water -Stained Leaves ❑ Oxidized Root Channels in U 12 Inches \\ atu in borehole in io Wetland H Present? H Assumed? Hydrology Undetermined? ❑ Remarks: SOILS Depth (inches) Horizon Matrix Color Munseft Moist Mottle Color (Munsell Moist) Mottle Texture Abundance Contrast 0-26 A 10YR 211 Now Silly clay Field Indicators of Hydric Soils (Midwest Region) USDA, March 1998. (A= all soils, S= sandy soils, F= loamy & clayey soils) Indicator. Milutal H ddc So'Soa = Matrix with a value >_4 and chmma of < 2 in mottled soils or <I in rronottled soils. Mottle Abundant = Few (Q % of exposed surface), Common (2-20% of exposed surface), Many (>20%of exposed surface). Mottle Con t (malsix to redox = Faint (closely related hues and chmmas), Distinct (differ by 1 to 2 hues and several units in chroma and value), Prominent (vary several units in hue value and chrome Remarks: Meets thick dark surface of 17 WETLAND DETERMINATION inyuc vegetation Present! Yes LJ No LJ Is the area a wetland? Yes L 1 Nc Soils Present? Yes❑+ No ❑ d Hvdmlotn Present? Yes f+l No F 1 Distance from Wetland Edae 5 feet Westwood Professional Services, Inc. WETLAND DELTNEATION DATA FORM (ROTJUNE DETERMINATION METHOD) Project/Job No.: Erhart/Chanhaswn/Erhat Pro /20061094 Date: August I, 2006 Investigator: Genevieve Boiling County/State: Carver Wetland/Area ID: A ISample Point: A u Site/ Wetland Special 7Renurks: Potential Problem Area? Yes El 0 Do normal circumstances exist on the site? Yes + No ❑ B the site significantly disturbed (Atypical Situation)? Yes U No L±J VEGETATION omm m Name (Dominant> 20 percent Scientific Name Stratum %Cover Indicator BLUEGRASS,KENTUCKY Poa pratensts H 70 FAC- BUCKTHORN,COMMON Rhamnres cathart/ca T 20 FACU BUCKT IORN,COMMON Rha n us cathaitica S 20 FACU ELM,AMERICAN Wmus americans T 30 FACW- Percent of dommaot species that are OBL, FACW, or FAC ExcludingFAC-):25% Wetland Type at Transect: da Overall Wetland T Circular 39 n/a Cowardin da Remarks: HYDROLOGY Primary Hydrology Indictors: Inundated Depth (m) _ D Sediment Deposits Saturated in Upper 12 Inches Depth (lo) _ ❑ Water Marks ❑ Drift lanes ❑ Drainage Patterns in Wetlands Secondary Indicators ❑ FAC-Neutral Test ❑ Local Soil Survey Data ❑ Other (Explain in Remarks) 2 required): ❑ Water -Stained Leaves ❑ Oxidized Rool Channels in U 12 Inches Water in borehole (in)>21 Wetland Hydrology Present? HydT!M Assumed? ❑ Hydrology Undetermined? Lj Remarks: soils very dry SOILS Depth (inches) Horizon Matrix Color (Mansell Moist Mottle Color Muose6 Moist) ( Monk Texture Abundance Contrast 0-11 AI 101'R 2/1 None Cla 11-2I A2 10YR 2I7 None Si clay loam Field Indicators of Hydric Soils (Midwest Region) USDA, March 1998. (A= all soils, S= sandy soils, F= loamy & clayey soils) Indicator. Mineral Hydric Soil = Matrix with a value >4 and chroma of <2 in mottled roils or <l in unmottled soils. Mottle Abundance = Few (<2%of exposed surface), Common (2-20°/. of exposed surface), Many (>20%of exposed surface). Mottle Contrast (matrix to redox) = Faint (closely related bees and chromas), Distinct (differ by I to 2 hues and several units in chrome and value), Prominent (vary several wits in hue value and chrome Remarks: Meets thick dark surface for T7 WETLAND DETERMINATION Hydmphytic Vegetation Present? Yes No + Is the area a wetland? Yes El No EJ Hydric Soils Present? Yes❑+ No ❑ Wetland Hydrolog, Present? Yes❑ No ❑+ Distance Gom Wetland Edge 10 feet Remarks: Westwood Professional Services, Inc. WETLAND DELINEATION DATA FORM ROUTINE DETERMINATION METHOD Pro'ect/job No.: Erhan/Chanhassen/Erhat Pro 2D061094 lbate. August 1, 2006 Investigator: Genevieve Bolling Com /State: Carver Wetland/Area ID: B ISample Point: B wet Site/ Wetland Remarks: Special ModrBers Potential Problem Area? Yes ❑ No CD Do normal circumstances exist on the site? Yes + No Is the site significantly disturbed (Atypical Situation)? Yes U No U VEGETATION Comtnon Name (Dominant>20 percent Scientific Name Stratum %Cover Indicator SPIKERUSH SPP. Eleocharis spp. H 80 FACW TEARTHUMB,ARROW-LEAF Polygonunt so ittatum H 10 OBL Percent of dominant species that are OBI, FACW, or FAC(Exclud' FAC-:I(q% Wetland Type atTmasect: 1/2 Overall WetlandT Circular 39 1!2 Cowardin PEMA/B Remarks: HYDROLOGY Primary Y logy Indiotore: Prima Hydrology Inundated Depth (in) _ Sediment Deposits Saturated in Upper 12 Inches Depth(m) _ ❑ Water Marks ❑ Drift lines 0 Drainage Patterns in Wetlands Secondary Indicators ❑ FAC-Neutral Test W Local Soil Survey Data ❑+ Other (Explain in Remarks) (2 required): ❑ Water-Stamed leaves ❑ Oxidized Root Channels in Upper 12 Inches Water in borehole De in >18 Wetland Hydrology Present? ❑ H Assumed? + HydrologyUridetermanc& Remarks: depressional on the landscape; soils moist SOILS Depth (inches) Horizon M nselatnx MoiColost Mottle Color (Munsell Moist) Texture AbundanceMottle Contrast 0-10 A 10YR 2I1 IOYR 3/3 Common Distinct Sandy clay 10-I8 B 10YR 5!1 IOYR 5/8 Common Prominent Clay Field Indicators of Hydric Soils (Midwest Region) USDA, March 1998. (A= a8 suits, S= sandy soils, F= loamy & clayey soils) Indicator F4. Depleted Below Dark Surface Miami Hydric Soil = Matrix with a value >4 and chroma of < 2 in mottled soils or <I in un nottled soils. Mottle Abundance = Few (<2%of exposed surface), Common (2-20%of exposed surface), Many (>2V16 of exposed surface). Mottle Contrast!matrix to redox) = Faint (closely related hues and chromes), Distinct (differ by 1 to 2 hoes and several mots in chrome and value), Prominent (vary several units in hue value and chrome Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes + No D Is the area a wetland? Yes Lj No LJ Hydric Soils Present? Yes❑' No ❑ 11"etland Hydrology Presort? Yes❑+ No ❑ Distance from Wetland Ede 5 feet Remarks: Westwood Professional Services, Inc. WETLAND DFT.TNF.ATTON DATA FORM (ROT TTTNF. DFTFRMINATION METHOD) Pro mt/Job No.: Erhart/Chanhassen/Erhat Pro /20061094 Dace: A st 1, 2006 Investigator: Genevieve Bolling County/State: Carver Wetland/Area ID: B jSampIePomC Bup Site/ Wetland Remarks: :1 Special Modifiers Potential Problem Area? Yes ❑ No ❑+ Do normal circumstances exist on the site? Yes + No ❑ Is the site significantly disturbed (Atypical Situation)? Yes No + VEGETATION Common Name (Dominant>20 percent Scientific Name Stratum %Cover Indicator GOLDEN-ROD,CANADA Salida ocanadernsit H 30 FACU SEDGE SPP. (OVALES GROUP Carer spp H 30 FAC REDTOP A fts alga H 30 FACW BUCKTHORN,COMMON Rhamnus cathartics T 30 FACU Percent of dominant species that are OBI, FAC W, or FAC Excl FAC-):SOY. Wetland Type at Trap T da Overall Wetland Typej Circular 39 n/a Cowardin n/a Remarks: HYDROLOGY Primary Hydro bgv Indicators: Inundated Depth (m) _ ❑ Water Marks Sediment Deposits ❑ Drift Imes Saturated in Upper 12 inches Depth (m) _ ❑ Drainage Patterns in Wetlands Secondary Indicators 2 required): FAC-Neutral Test ❑ Water -Stained Leaves ❑ Local Soil Survey Data ❑ Oxidized Root Channels in U ❑ Other (Explain in Remarks) 12 Inches Water in borehole in > 15 Wetland Hydrology Present? H olo Assumed Hydrology Undetermined? ❑ Remarks: Soils very dry and triable SOILS Depth (inches) Horizon Matrix Color Muosell Moist Mottle Color (Muosell Moist) Mottle Texture Abundance I Contrast 0-15 A IOYR 211 None Clay loam Field Indicators of Hydric Soils (Midwest Region) USDA, March 1998. (A= all soils, S= sandy soils, F= loamy & clayey soils) Indicator. Mineral Hydric Soil = Matrix with a value >4 and chroma of < 2 in mottled soils or <1 in unmottled soils. Mottle Abundance = Few (Q%of exposed surface), Common (2-20 %of exposed surface), Many (>20% of exposed surface). Mottle Contrast (matrix to redox) = Faint (closely related hues and chromes), Distinct (differ by I to 2 hues and several units in chmma and value), Prominent (vary several units in hue value and chrome Remarks: Meets thick dark horizon of TF7 WETLAND DETERMINATION liydrophytic Vegetation Present? Yes Li No C1 Is the area a wetland? Yes El No El I Ivdric Soils Present? Yes (a No ❑ )Wetland Hydrolog Present? Yes No ❑+ Distance from Wetland Ede 10 feet Remarks: Riley Purgatory Bluff Creek Watershed District Web Site: http/lwww.rileypurgatorybluffcreek.org May 2, 2007 Mr. Tim Erhart 9611 Meadowlark Lane Chanhassen, MN 55317 Re: Permit Extension #2006-25: Erhart Property: Chanhassen Dear Mr. Erhart: Legal Advisor Krebsbach and Haik, Ltd. 225 South Sixth Street, Suite 4320 Minneapolis, MN 55402 612 333-7400 Fax: 612 333-6959 Engineering Advisor: Barr Engineering 4700 West 77th Street Minneapolis, MN 55435 952 832-2600 Fax: 952 832-2601 RECEIVED MAY 0 9 2007 CITY OF CHANHASSEN The Board of Managers of the Riley -Purgatory -Bluff Creek Watershed District has reviewed the grading and land alteration permit extension request dated April 10, 2007 for Permit #2006-25 for the construction of a driveway to the Erhart property located in the southeast quadrant of the intersection of Powers Boulevard and T.H. 212 in Chanhassen. The Managers approve of the grading and land alteration permit extension subject to the following conditions: 1. All conditions as outlined in the attached General Provisions are applicable. 2. All conditions as outlined in the District's October 4, 2006 approval remain applicable. If you have any questions regarding the conditions of the District's permit, please call us at 952-832-2600. cerely, obert C. Obermeyer BARR ENGINEERING CO. Engineers for the District Approved by the Board of Managers GATORY- LUFF CREEK WATERSHED DISTRICT President Date: S%3 c: Paul Haik Erin Ahola Lori Haak ✓ Mike Billing ::0DMAIPCD0CSID0CSU43167\1 Board of Managers Howard Peterson James Landini Kenneth Wencl Michael Casanova Erin Ahola Permit Extension: Project Name: Erhart Property: Chanhassen Approval Date: May 2. 2007 General Provisions 1. All erosion control measures shown on the plans must be installed prior to commencement of grading operations and be maintained until all areas altered on the site have been restored. If silt fence is used, the bottom flap must be buried and the maximum allowable spacing between posts is 4-foot on center. All posts must be either 2" x 2" pine, hardwood, or steel fence posts. If hay bales are used, all bales must be staked in place and reinforced on the downstream side with snow fence. The silt fence must be orange in color, which will be more evident and easier to locate for removal at the completion of the project. 2. All areas altered because of construction must be restored with seed and disced mulch, sod, wood fiber blanket, or be hard surfaced within two weeks from the completion of construction or no later than November 1.2007. 3. Upon completion of construction and restoration of areas disturbed, the permit applicant is responsible for the removal of all erosion control measures installed throughout the site. 4. Street sweeping must be undertaken and completed on an as -needed basis. 5. At the entryway onto the site, a rock filter dike being a minimum of 2 feet in height and having maximum side slopes of 4:1 must be constructed. This rock filter dike will enable construction traffic to enter the site and also provide an erosion control facility. 6. The District must be notified in writing a minimum of 48 hours prior to commencement of construction. Upon receipt of this notification, a field inspection of the project site by the Districts engineer will be undertaken to ensure that all erosion control measures have been properly installed. Construction cannot commence until this field inspection has been completed. 7. Upon completion of the project, the permit applicant is required to complete and submit the middle portion of the attached permit, indicating that the project has been completed. Upon receipt of this application, a field inspection of the site by the Districts engineering advisor will be undertaken to ensure that all areas have been properly restored and that all erosion control measures throughout the project site have been removed. 8. The Riley -Purgatory -Bluff Creek Watershed District (RPBCWD), its officers, employees and agents review, comment upon, and approve plans and specifications prepared by permit applicants and their consultants for the limited administrative purpose of determining whether there is reasonable assurance that the proposed project will comply with the regulations and criteria of the RPBCWD and other state and federal agencies. The determination of the RPBCWD that issuance of this permit is appropriate was made in reliance on the information provided by the applicant. ::ODMA\PCDOCS\D0CS\248167\I 9. The grant of this permit shall not in any way relieve the permittee, its engineer, or other professional consultants of responsibility, nor shall it make the RPBCWD responsible for the technical adequacy of the engineer's or consultants work. The grant of this permit shall not relieve the permittee from complying with all conditions and requirements of the permit, which shall be retained, by the permittee with the permit. 10. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. 11. This permit is permissive only. No liability shall be imposed upon the RPBCWD or any of its officers, agents or employees, officially or personally, on account of the granting of this permit or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. 12. In all cases where the doing by the permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property, rights or interests of any other person or persons, or of any publicly owned lands or improvements or interests, the permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all necessary property, rights and interest. 13. This permit is not transferable. The permittee shall make no changes, without written permission previously obtained from the RPBCWD, in the dimensions, capacity, or location of any items of work authorized by this permit. 14. The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the RPBCWD for inspection of the work authorized by this permit. 15. This permit may be terminated by the RPBCWD at any time deemed necessary in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the special provisions. 16. Construction work authorized under this permit shall be completed on or before date specified above. The permittee may, in writing, request that the RPBCWD extend the time to complete the project and shall state the reason for any requested extension. 17. If dewatering is required and sump pumps are used, all pumped water must be discharged through an erosion control facility prior to leaving the construction site. Proper energy dissipation must be provided at the outlet of the pump system. :ODMATCDOCS\DOCS24816T 1 o(, - 3a Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Craig R. McDowell Marguerite M. McCarron • Also licensed in Wisconsin 1380 Corporate Center Curve Suite 317 • Fagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association 444 Direct Dial. (651) 234-6222 E-mailAddress: snelson@ck-law.com December 21, 2006 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RECEDE® DEC 2 2 2006 CITY OF CHANHASSEN RE: CHANHASSEN —MISC. RECORDED DOCUMENTS ➢ Wetland Alteration Permit #2006-32 — Allowing 0.58 Acres of Wetland Impact for the Construction of Access to the Western Portion of the Subject Property and Stormwater Ponding (Outlot A, Butternut Ridge Addition) Dear Kim: Enclosed for the City's files please find original recorded Wetland Alteration Permit #2006-32 concerning Outlot A, Butternut Ridge Addition which with the Carver County Recorder's office on November 27, 2006 as Abstract Document No. A454353. SRN:ms Enclosures Regards, CAMPBELL KNUTSON Professional Association B S an R. Nelson, Legal ssistant SCANNED 0 115 230 460 690 920 Feet 02006 Westwood Professional Services, Inc. Wetland Data uare Feet U U f a (U CO 0 0 Cu rn 3 LI P 0 It ON 0 0 0 (U 01 3 a / v m 0 C) 0 0 (U / n TOTAL FILL 15,775 1 TOTAL EXCAVATION + 9.606 TOTAL IMPACT 25,381 x EOF APPROX. 902.0 :::•- f \ ! X 2 :......... ...... .. l REPLACEMENT REQUIRED 50,762 :::::::::::::: ONSITE WETLAND REPLACEMENT CE WETLAND CREATION NEW WETLAND CREDIT 36,104 �N .� STORMWATER PONDING PUBLIC VALUE CREDIT 17,903 �� \ ..• }:$ : y e 1 ) UPLAND BUFFER PUBLIC VALUE CREDIT 20,018 Er ?RQPOSq.0E9Q1;5...'. \: l i .....:. TOTAL 74,025 Legend ................. WETLAND FILL 3ICITY \ ,t WETLAND EXCAVATION �B n a UPD I P B C v \ \ ` 914 EXISTING & 5�U 9 2.5/ ~' `*,� S \ ` WETLAND MITIGATION/REPLACEMENT 912 ROPOSED / L \ t l (Wetland Creation; New Wetland Credit) ............. 0 910 GROUND , \ 9 i 902 UPLAND BUFFER vvvv LI \ \ (Public Value Credit) w 0 .ti PROPOSED 898._ WETLAND 896 ELEVATION / —•—•— —•— DELINEATED WETLAND BOUNDARY _ _.' 902� � � \ t 894 \ ` % `' --- \ "� SILT FENCE ■ ®m o i - ■ TREE PROTECTION FENCE � ! �o� lot N \ \ 1 l � -•----982 EXISTING CONTOURS i ` pj ` �-982 PROPOSED CONTOURS DISTANCE IN FEET \ 1 �982_� TEMPORARY CONTOURS SECTION XM1—XM1' \ �� \ 1 �-1 � � �... ,.-- --._ ® � ! F-9►--1111111 PROPOSED STORM SEWER ,Y� `� \ \ t / -` -'�� ® ❑ WETLAND BUFFER MONUMENT WETLAND CONSTRUCTION NOTES Erhart Property `t \ \ �•, 't ' `,.,� -� ^� ..,,� \ Chanhassen, Minnesota 1. THE CONTRACTOR SHALL CONTACT THE ENVIRONMENTAL SCIENTIST AT (952) 937-5150 BEFORE AND AFTER FINAL GRADING OF THE WETLAND REPLACEMENT AREA. 2. CONTRACTOR PAYMENT FOR WETLAND REPLACEMENT CONSTRUCTION SHALL BE SUBJECT TO WETLAND REPLACEMENT ACCEPTANCE BY THE ENVIRONMENTAL SCIENTIST. 3. WETLAND REPLACEMENT CONTRUCTION SHALL OCCUR BEFORE OR CONCURRENT WITH 1 \ �.,. /J } l7'CJ `°`� ~•.., ...,.,.,.��,,,� ` \ WETLAND FILL. t 4. �� "� I —� •.� 1 \\ SILT FENCE SHALL BE INSTALLED PRIOR TO CONSTRUCTION AND MAINTAINED UNTIL VIABLE / \ ^� �` TnL II, •-•..�---�..�.___,.,,-, 1"'-" COVER HAS ESTABLISHED. SILT FENCE SHALL BE REMOVED UPON FINAL ACCEPTANCE BY THE •,/—.„,„. �� \ \ ENGINEER. rw 5. SILT FENCE TiAT IS INITIALLY INSTALLED BELOW WETLAND REPLACEMENT AREAS SHALL BE 1,... C MOVED ANr, REINSTALLED ABOVE THE SATURATED SO0 ZONE AFTER WETLAND REPLACEMENT ' �`..... �� . -- r„/ Off♦ s 118 ^ J' %� AREAS ARE DE AND ACCEPTED. ANY SOIL RIDGE LEFT AT THE INITIAL SILT FENCE LOCATION SHALL 6. THE CONTRACTOR SHALL VERIFY OR CONFIRM EXISTING ELEVATIONS PRIOR TO INITIATING '• It1i11HI1i191/HUlI ��®� ` \ \ / WETLAND REPLACEMENT GRADING. + _ � / � \ r \ ,—r 7. EXCESS EXCAVATED SOIL SHALL BE DISPOSED OF OUTSIDE OF WETLANDS. `` i` .� • / 4 �� _ =881.5 8• /� � } 8. ALL SLOPES IN EXCAVATED WETLANDS SHALL BE 5:1 OR FLATTER. AT LEAST HALF THE SLOPES l \ l t = 1r'882 2 T I �l WITHIN EXCAVATED WETLANDS SHALL BE 10:1 OR FLATTER. \ \ �'' �•• GR E , 8 8 \ ��r DES I IV EA � WL Bo "#j D1fzY MI POI DITCH + w�0 .7// +� Q INSTALLWOOD FIBER 83 + # ' e' �f�4i�i ` \ f . �M� OF DI H � PR VED EQUAL ON ES _� PdAi� (0 jR , a � + + I N L P D • AL ' �j■ ` ORRINST ■� h } FIBER 6LANKET CAT LL2 DOD APPROVED EQUAL ■ + P . 0 �Sl.�L IT �1 ~ ^' / \ LOPES OR STEEP �5 0 868 0 1 1 vLr V�i VJ E'�L Ptl�! A (O • �� u J 1d �c �FP G'4- o. y% 0.c. OE a �866.0 C p �_ UIPL_ ■ \ ■ aut>b � � Aral 5, S.. �"� ,,,o, —_..' MEN ■I ^ + Fl I i ■ w GRADE �Y 1v ++LIMITS 1 ( • ` iI + + °' INSTALL TEMPORARY OUTLET + — ■ + 44' (SEE DETAIL) 1 E ■ + �� 1 ��' �/ EXISTIN L. ■" CMP O 1.00% f x 1� �� _ --- -- 4 I �� IE=865.7 CITY OF CHANHASSEN RECEIVED e _e sso - 86SEP 0 6 2006 .III I I �--- WETLAND EXCAVA N - "` - CHANHASSEN PLANNING DEPT D DENOTE"'OCK ` CONSTRUCTION if11111 IIIIf11111I1 IIINIIIIl� ENTRANCE—_-- ---" - � I . Westwood Pofeslonal Services, Inc. 7699 Anagram Drive Eden Prairie, MN SS344 PHONE 952-937-5150 FAX 952-937-5822 TOLL FREE 1-888A37-5150 www.wertwoodps.com I hereby oRtl[) dot this plan was prepared by me ec under my Revialons direct mapeWifim anMz dulyff FESSIONAL III.IGB•IR®t G ,/5 g Addre- Change 1 9/6/O6 Road Allgnmant Change Dwight Jells, P. Date 09/06/06 Liaesae No. 19153 O * 87 .0 - Call 48 Hours before digging: GOPHER STATE ONE CALL Twin City Area 651-454-0002 Mr. Toll Free 1-800-252-1166 0' 60' 120' 180, ® _- _. 20061094GDF01.DWG Date 09/01/06 sheet 1 OF 2 Erhart Wetland Grading, Prepared for. > Tim Erhart Property Dram R� Pro ert Replacement & Raaerd �� %11 Meadowlark Lane Seeding Plan Chanhassen, MN SM17 Chanhassen, Minnesota Exhibit 7 © 2006 Westwood Professional Services, Inc. 5 STORMWATER POLLUTION PREVENTION AFTER CONSTRUCTION 1 INTRODUCTION This document presents a Storm Water Pollution Prevention Plan (SWPPP) for Erhart Property in Chanhassen, Minnesota. The site is located on the northeast side of the intersection of Powers Blvd and MN-HWY 212. Erhart Property is owned by Tim Erhart, 1470,Lake Drive West Chanhassen, MN 55317. The Site is approximately 122.3 acres with approximately 7.0 acres for a future development being mass graded. Construction will consist of, but not limited to, moss site grading, and storm water treatment ponds. Approximately 4.7 acres of the site will be disturbed and 0.0 acres of the completed development will be covered by impervious surfaces. The SWPPP is prepared in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations as established by the Clean Water Act. This report shall be on the site at all times during construction. The owner must also keep this SWPPP on file for three years after submittal of the Notice of Termination. The following are outlined in this SWPPP: - Existing site conditions - Proposed site conditions - Control measures for storm water pollution prevention during construction - Control measures for storm water pollution prevention after construction - Inspection and maintenance procedures 2 EXISTING SITE CONDITIONS This site consists of a mixture of woodland, wetland, open fields, and a planted tree farm. One private residence exists in the middle of the Erhart Property, and is accessible from West 96th Street. The site is bounded by Powers Boulevard to the west, Great Plains Boulevard to the east, West 96th Street to the south, and undeveloped woodland and wetland to the north. 3 PROPOSED SITE CONDITIONS The proposed site conditions are very similar to the existing site conditions. For the proposed conditions, only mass grading will be conducted and no -utility or street construction will take place. Ultimately there will be future development, but not under these proposed conditions. A wetland on the west side of the propery is being filled to create a pond and a future building pad for future development to take place. A wetland on the north side of the property is being mitigated to make up for the loss in wetland on the west side of the property. Below is a summary of the increase in impervious surface for Erhart Property: EXISTING PROPOSED ULTIMATE 0.0 0.0 7.5 . Westwood Professional Services, Inc. 7699 Anagram Drive Eden Prairie, MN 553" PHONE 952-937-5150 FAX 952-937-SM TOLL FREE 1.186-937-5150 WeSitYYood www.westwoodps.com The storm water treatment pond on site has been designed to meet or exceed NPDES standards. The table below summarizes the results. REQUIRED PROVIDED NPDES PERMIT PERMANENT POOL (Ac-FT) 0.36 (min) 1.44 WA TER .RQUALI TY VOL. DISCHARGE RATE (cFs) 2.33 (max) 2.11 4 STORM WATER POLLUTION PREVENTION BEFORE AND DURING CONSTRUCTION The following storm water pollution prevention measures are shown in the plans and shall be implemented prior to construction: - Install silt fence around the perimeter of areas to be graded as shown on the grading and erosion control plan. - All temporary stockpiles must have silt fence around them to trap sediment. - Construct gravel construction entrances at field entrances to the site. - Inlet protection is to be provided for all storm water inlets. The following storm water pollution prevention measures are shown in the plans and shall be implemented during construction: - Phase grading work to minimize the duration that any disturbed soil is exposed. - Place wood fiber blanket on all steep slopes - Place minimum 6 inches of topsoil over areas when grading is complete. - Place minimum 2 tons/acre of straw on all areas after reaching final grade with topsoil and anchor straw with either a straight disk or netting. - Seed and mulch or place sod on all disturbed areas within the following time frames: - Slopes greater than 3:1 - within 7 days - Slopes from 10:1 to 3:1 - within 14 days - Slopes flatter than 10:1 - within 21 days - Protect disturbed areas, including stockpiles, that are not completed but will remain inactive for greater than 14 days with mulch, plastic sheeting, or temporary seeding - Locate stockpiles a minimum 100 feet from catch basin inlets, ponds, and site drainage routes - Concrete trucks will utilize the concrete washout area shown on the plans to wash and rinse their equipment prior to leaving the site. After concrete work is complete, any remaining debris will be collected and removed from the site - Remove any sediments that have been tracked onto public streets within 24 hours - Removed any spill of fuel, oil, or other chemical immediately upon detection - Collect all construction debris in dumpsters and roll -off boxes - Store construction materials in an orderly manner - Inspect pollution control measures as specified in Section 6 - Repair silt fences, inlet protection gravel construction entrances and other erosion and sediment controls as needed - Dewatering or basin draining activities of turbid or sediment laden water will be discharged to a temporary or permanent sedimentation basin or treated with the appropriate BMP prior to entering the surface water. Energy dissipation will be provided at all discharge points. Dewatering or basin draining activities will not cause erosion in receiving channels or adversely impact wetlands. I hereby cent" that this plea was prepared by me or under my dl,ea tl,.t .m PROFesstoxwc HN the aE eElaaesa6ti Dwight K JeUe, Data 09/05/06 Lune No. 19153 Bavislow 9/5/06 Address Change The following storm water pollution prevention measures will be implemented after construction by the contractor: - All disturbed areas without permanent impermeable surfaces will be vegetated for final stabilization. See specifications for permanent seed mixtures. - Silt fence, inlet protection and other erosion and sediment control devices will be removed after vegetation is established - Storm water catch basins, manholes, pipe, and ponds will be maintained by the Chanhassen in accordance with their Storm water Management Plan once project has been accepted by the City. 6 SWPPP INSPECTIONS Inspections shall be conducted every seven days and within 24 hours after a rainfall event exceeding 0.5 inches in a 24 hour period. The following shall be completed during each inspection: - Record date and time of inspection - Record rainfall records since most recent inspection - Inspect the site for excess erosion and sedimentation - Inspect site for debris, trash and spills - Inspect temporary erosion and sedimentation control devices - Inspect construction entrances for sediment tracking onto public streets - Record recommended repairs and modifications to erosion and sediment controls - Recommend any necessary changes to this SWPPP - Record repairs and modifications implemented since previous inspections - Inspect the adjacent streets and curb and gutter for sediment, litter, and construction debris. The following guidelines will be used to determine if pollution control devices require maintenance, repair, or replacement: - If sediment control devices such as silt fence are filled to 1/3 of the height of the fence, the contractor shall remove all sediment within 24 hours of detection or notification. - If inlet protection devices appear plugged with sediment, are filled to 1/3 capacity, or have standing water around them, the contractor shall remove the sediment and clean or replace the filter within 24 hours of detection or notification. - If the gravel construction entrances are filled with sediment the contractor shall either replace the entrance or add additional gravel within 24 hours of detection or notification. - If sediment from the site is observed on adjacent streets or other properties, the contractor shall remove the sediment within 24 hours of detection or notification. - If sediment from the site is observed on adjacent streets or other properties, the inspector shall identify the source and discharge location of the sediment and instruct the contractor to implement additional erosion and sediment controls at those locations to prevent future discharges. - If building materials, chemicals, or general refuse is being used, stored, disposed of, or otherwise managed inappropriately, the contractor shall correct such defects within 24 hours of detection or notification. - If excessive sediments or debris are observed at the flared end section outfalls, the inspector shall determine the source and discharge locations of such materials. if the discharge has occurred on the property, the contractor shall remove the sediments and debris within 24 hours of notification and correct the source of such materials as directed by the inspector. - If sediment from the site is observed to be discharged from the site, the MPCA will be notified the some day. - Other at the discretion of the inspector or contractor. DITCH GRATE, STOOL TYPE, NEENAH R-4341-A OR EQUAL SECURE TO RISER SECTION WITH 4 BRACKETS SLOPE OF GRAVEL 2:1 OR FLATTER GALVANIZED WIRE MESH LTER FABRIC WITH 872.5 — /4' SPACING 1/4' TO 1-1/2'-'-. 3' DIA. HOLES WASHED GRAVEL SPACED AT 12' yv-:.;=.":.;'.<..•,,_ .. ON CENTER 24' DIA OAP OR } 130' 15' DIA. RCP PIPE RISER ---A 1 a97n Prepared for. 865.7 36" DIA. PRECAST CONCRETE MANHOLE SLAB (SECURE TO RISER WITH 4 BRACKETS) TEMPOR/IRY PERFORMEDOUTLET Tun Erhart %11 Meadowlark Lane Chanhassen, MN 55319 The owner or an alternate will conduct the inspections as specified in this SWPPP. The owner is Tim Erhart. Alternates will include individuals to be designated by the owner and may include contractor personnel or other qualified individuals and shall be listed below. TITLE COMPANY NAME CONTACT NUMBER OWNER — Tim Erhart (952) 368-3434 CONTRACTOR AL TERNA TE 7 ADDITIONAL CONTACT INFORMATION NAME CONTACT NUMBER MPCA Duane Dunconson 651-296-7205 CHANHASSEN WESTWOOD Steve Pfipsen 952-937-5150 � � 33 KidTROL BLANKET 88BBgSS66A1111CK�LLEp P ��Q�(�Opo {Tp��CH iRaoiroo TROL BLANI�T O� 3855) MiN�MUM STRAW OR WOOD FIBER r OR 12• MINIMUM 12" DIA. ROLL ENCLOSED IN PLASTIC OR POLYESTD? NETTNG 8". 11 GA. STAPLES SPACED 1' 0" ON CENTER 1'-2' WASHED ROCK T 4� 0;' SPACCIN15"G �GDRIVEDTTHHROUGH� NETTING AND FIBER ROLL POINT "A" MUST BE HIGHER THAN POINT "B" TO ENSURE THAT WATER FLOWS OVER THE DIKE AND NOT AROUND THE ENDS. BIOROLL BLANKET SYSTEM NOTE: ( TYPE 3 SPEC. 3889) ROCK CONSTRUCTION ENTRANCE SHOULD BE N�� T KAWEA SYSTEM MINIMUM HEIGHT OF 1.0' AND CONTAIN MAXIMUM SIDE SLOPES OF 4: 1. ROCK CONSTRUCT= EN7RANM EXTRA STRENGTH FILTER FABRIC I } > tO 4' "- TYPE II - ADD WARE MESH BACKING AND HAY BALES TYPE III - ADD WIRE MESH lii!! STEEL OR fFLOV7_ V2 WOOD POST -- STAPLES � g� 7 MATS/BLANKETS ` ++ + .W + +4 +.—� 10'-0" MAX. SPACING WITH WIRE SUPPORT FENCE SHOULD BE INSTALLED + TAMP DIRT 6'-0' MAX. SPACING WITHOUT OVER MAT / WIRE SUPPORT FENCE DOWMu�E r d BLANKET PONDING HEIGHT 9• MAX. , r r RECOMMENDED // FILTER FABRIC, STORAGE HEIGHT A/ TTACH SECURELY STEEL OR TO UPSTREAM HEIGHT Tp+ 36" HIGH MAX SIDE OF POST. r r r F WOOD POST RUNOFFOFF r r MN. 4'�` ' DTM 4 Ag�QVE R 4RUN 12' MIN. r LAP r .HATE0 r µCE ex8' TRENCH 1WITH S COMPACTEDBACKFILLAVEL STANDARD DETAIL r TRENCH WITH NATIVE BACKFILL ALTERNATE DETAIL TRENCH WITH GRAVEL TYPICAL SLOPE NOTE: COIL STABILIZATION NON -WOVEN GE01EXTILE 1. INSPECT AND REPAIR FENCE AFTER EACH ISOMETRIC VIEW FILTER FABRIC UNDER STORM EVENT AND REMOVE SEDIMENT WHEN NOTE: TYPICAL TREATMENT WET SLOPE LINING NECESSARY. 1. SLOPE SURFACE SHALL BE FREE OF ROCKS, TEMPORARY 2. REMOVED SEDIMENT SHALL BE DEPOSITED CLODS, STICKS AND GRASS. MATS/BLANKETS SHALL HAVE GOOD SOIL CONTACT MMON SLANKE73 A TO AN AREA THAT WILL NOT CONTRIBUTE SEDIMENT OFF -SITE AND CAN BE RM PERMANENTLY STABILIZED. 2. LAY BLANKETS LOOSELY AND STAKE OR �� MA75 ��E SLT FENCE STAPLE TO MAINTAIN DIRECT CONTACT WITH 3. SILT FENCE SHALL BE PLACED ON SLOPE THE SOIL DO NOT STRETCH A RMACONTOURS TO MAXIMIZE PONDING EFFICIENCY. Erhart Property Date 09/01/06 SWPPP Narrative 20061094SWF01.DWG Sheet 2 of 2 Wetland Data uare Feet 0 2006 Westwood Professional Services, Inc. I Z' 0 F >, w w L— 5� GE P BIVICIV ldtE TING & 1 / 25 \ ``� I l ........... WETLAND MITIGATION/REPLACEMENT UNDED 1 j \ \ "' (Wetland Creation; New Wetland Credit) `` ` ` 1 ` �. -✓ I ` 0 0 UPLAND BUFFER PROPOSED ` \ \ ! 0 0 (Public Value Credit) � \ � IL ` y � WETLAND EVATION o '`. ,r'' ` DELINEATED WETLAND BOUNDARY 902.5 \ � l � � � \ /" � `"~--.�``--� ®"' °� '"`� SILT FENCE \ ■ ®s ®®o ■ TREE PROTECTION FENCE - 982 EXISTING CONTOURS �982 PROPOSED CONTOURS t �982 TEMPORARY CONTOURS DISTANCE IN FEET \ ` � ` � � �"` ...�., \ SECTION XM1-XM1' \ \ �� 1 f r �� / F►►—■ PROPOSED STORM SEWER .1 '`. \ I c j -� �� 1� '`" ❑ WETLAND BUFFER MONUMENT } _ ` WETLAND Property CONSTRUCTION NOTES Erhart P Chanhassen, Minnesota 1. THE CONTRACTOR SHALL CONTACT THE ENVIRONMENTAL SCIENTIST AT (952) 937-5150 BEFORE •�,� r� -""' y t �O" ,.r-� AND AFTER FINAL GRADING OF THE WETLAND REPLACEMENT AREA. t N-1 !] j , � - 2. CONTRACTOR PAYMENT FOR WETLAND REPLACEMENT CONSTRUCTION SHALL BE SUBJECT TO 41 ` \ „j �...... �"`•-'"� �! WETLAND REPLACEMENT ACCEPTANCE BY THE ENVIRONMENTAL SCIENTIST. t ((�� ((�� ar- '"""" � `�' ^-��'...,� �~�-"•-.,,,\ `" '`---�„_ 3. WETLAND REPLACEMENT CONTRUCTION SHALL OCCUR BEFORE OR CONCURRENT WITH J, r'"-•" / } l7� ✓"' \� -� O„e_ .,,��.. ,�� WETLAND FILL. 4. SILT FENCE SHALL BE INSTALLED PRIOR TO CONSTRUCTION AND MAINTAINED UNTIL VIABLE COVER HAS ESTABLISHED. SILT FENCE SHALL BE REMOVED UPON FINALACCEPTANCE BY THE `\ ..� ` B�R�_ �,•+ ' s•.-.. -..,.. s"• �' ENGINEER. \\ \ �% �\ -� ^ �•1 ` _ - _ 5. SILIFENCE THAT IS INITIALLY INSTALLED BELOW WETLAND REPLACEMENT AREAS SHALL BE MOVED AND REINSTALLED ` �� q„,�( '�� ^� �. •1 tee.• -•`� r ` �ggij \ \ \ AREAS ARE GRADED AND ACCOVE THE SATURATED SOIL ZONE ACCEPTED. ANY SOIL RIDGE LEFT AT AFTER ATN THE �IIALLLREPLACEMENT TT FENCE LOCATION SHALL BE REMOVED. i ` l ♦. Itgit111U ♦n { ,g / t: jf* i t I .``.g�0/g�g `� 'y % 6. THE CONTRACTOR SHALL VERIFY OR CONFIRM EXISTING ELEVATIONS PRIOR TO INITIATING WETLAND REPLACEMENT GRADING. �_ � + � 7. EXCESS EXCAVATED SOIL SHALL BE DISPOSED OF OUTSIDE OF WETLANDS. . ' ♦ t ,�''�- =881.5 T, 8. ALL SLOPES IN EXCAVATED WETLANDS SHALL BE 5:1 OR FLATTER. AT LEAST HALF THE SLOPES .� _ �T � - 2 _ may$ I \ g g�f ` �\ WITHIN EXCAVATED WETLANDS SHALL BE 10:1 OR FLATTER. �,R E TEMP )R Y DITCH INSTALL. WOOD FIi ER l BLANKET CAT 3-2S OR_ /y_•� /'✓� `n' L �1h • APPROVED EQUAL IT -SIDES �� I q�62 l�)", nc.c.c SS rOV7e ��CrONRRECT, ) NO TT OF DITCH I 0 SU GR E A N P D i 1 a 4S '�V�Ce i 75) �� ( A � I ; + + ++ 8 .5 D 1 `� \ \ ` _' �cl� C ✓D►�l eM l�� S Fl R BLANKET + 0� S. ! _ ,f } T 2 AP OVED EWAL 1 M- 1 • �'' 886 ` \ I ��GIn/ (a I �' 1 Lf� D rVt Oil c � � ' � • \ -•4_. � \ .) ISL $ OR TEED (J��' p�G✓` / j� I ;� •' �\ Q \ f j! VE66.0 + 56._' 1 1 // �Pl�i �i MEN Fl -a ` �P.t,T /�/ �jQ�cn/ o v �j o • . ++ GRADE -- v ( I I 1 • / ++ LIMITS I M� ( • ( I a + � ` • \ 1 � � � * ` INSTALL TEMPORARY OUTLET r '"" '®' "" -`-'' '""-02g.• �..- / •^' (SEE DETAIL) v \� ( M + + +� IRSTAM 130`�5e t` x -- 9 IEx865.7 N \A { N + _ .... � / 5.90 'm rnclrY 4� �•- A. OF CHANHASSEN 3 WETLAND EXCAVATION RECEIVED a DENOTES ROCK— APOW L- Iitl)i It!Altl slit! ItitlttM`' EENTTRSANCEn� EP O 6 ZOO6 M M Mal • ,�� wee• �� 0 r-�- 6 0 m a / v m 0 - 0 o N / Westwood Professional Services, Inc. 7699 Anagram Drive . Eden Prairie, MN 55344 PHONE 952-937-5150 FAX 952437-SM TOLL FREE 14IM937-5150 nn www.westwoodps.com I haft catl[y that this plan wr prep vd by me or under my RI dhai supervision and that I am a duly PROFESSIONAL EN@IH&t the la of S rfa 9/5/06 Add-T Change 1 9/6/06 Road Alignment Change Dwight 'r JeUe, P Dam 09/06/06 Licesee No, 19153 (TYP) CHANHASSEN PLANNING DEFT 0 187 -D Call 48 Hours before digging: GOPHER STATE ONE CALL -- -~� Twin City Area 651-454-0002 Mr. Toll Free 1-800-252-1166 0' 60' 120' 180, 20061094GDF01.DWG ®Y Date: 09/01/06 sheet 1 of 2 Erhart >DIU PreparedPreparedfor.Pro Property DKj Tim Erhart p Y Drawn; R9C Raeaed Pma by/date: %11 Meadowlark Lane Chanhassen, MN 55317 Chanhassen, Minnesota Wetland Grading, Replacement & Seeding Plan Exhibit 7 c 2006 Westwood Professional Services, Inc. H- U U f d 0 m U7 (U 0 Ca W (U 0 O) 3 N 3 M (D 0 v N / off 3 (D CU v 0 0 Z 1 INTRODUCTION This document presents a Storm Water Pollution Prevention Plan (SWPPP) for Erhart Property in Chanhassen, Minnesota. The site is located on the northeast side of the intersection of Powers Blvd and MN—HWY 212. Erhart Property is owned by Tim Erhart, 1470 Lake Drive West Chanhassen, MN 55317. The Site is approximately 122.3 acres with approximately 7.0 acres for a future development being mass graded. Construction will consist of, but not limited to, mass site grading, and storm water treatment ponds. Approximately 4.7 acres of the site will be disturbed and 0.0 acres of the completed development will be covered by impervious surfaces. The SWPPP is prepared in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations as established by the Clean Water Act. This report shall be on the site at all times during construction. The owner must also keep this SWPPP on file for three years after submittal of the Notice of Termination. The following are outlined in this SWPPP: — Existing site conditions — Proposed site conditions — Control measures for storm water pollution prevention during construction — Control measures for storm water pollution prevention after construction — Inspection and maintenance procedures 2 EXISTING SITE CONDITIONS This site consists of a mixture of woodland, wetland, open fields, and a planted tree farm. One private residence exists in the middle of the Erhart Property, and is accessible from West 96th Street. The site is bounded by Powers Boulevard to the west, Great Plains Boulevard to the east, West 96th Street to the south, and undeveloped woodland and wetland to the north. 3 PROPOSED SITE CONDITIONS The proposed site conditions are very similar to the existing site conditions. For the proposed conditions, only mass grading will be conducted and no utility or street construction will take place. Ultimately there will be future development, but not under these proposed conditions. A wetland on the west side of the propery is being filled to create a pond and a future building pad for future development to take place. A wetland on the north side of the property is being mitigated to make up for the loss in wetland on the west side of the property. Below is a summary of the increase in impervious surface for Erhart Property. EXISTING PROPOSED UL TIMA TE 0.0 0.0 7.5 The storm water treatment pond on site has been designed to meet or exceed NPDES standards. The table below summarizes the results. REQUIRED PROVIDED NPDES PERMIT PERMANENT POOL (Ac-FT) 0.36 (min) 1.44 WATER QUALITY VOL. DISCHARGE RATE (crs) 2.33 (max) 2.11 4 STORM WATER POLLUTION PREVENTION BEFORE AND DURING CONSTRUCTION The following storm water pollution prevention measures are shown in the plans and shall be implemented prior to construction: — Install silt fence around the perimeter of areas to be graded as shown on the grading and erosion control plan. — All temporary stockpiles must have silt fence around them to trap sediment. — Construct gravel construction entrances at field entrances to the site. — Inlet protection is to be provided for all storm water inlets. The following storm water pollution prevention measures are shown in the plans and shall be implemented during construction: — Phase grading work to minimize the duration that any disturbed soil is exposed. — Place wood fiber blanket on all steep slopes — Place minimum 6 inches of topsoil over areas when grading is complete. — Place minimum 2 tons/acre of straw on all areas after reaching final grade with topsoil and anchor straw with either a straight disk or netting. — Seed and mulch or place sod on all disturbed areas within the following time frames: — Slopes greater than 3:1 — within 7 days — Slopes from 10:1 to 3:1 — within 14 days — Slopes flatter than 10:1 — within 21 days — Protect disturbed areas, including stockpiles, that are not completed but will remain inactive for greater than 14 days with mulch, plastic sheeting, or temporary seeding — Locate stockpiles a minimum 100 feet from catch basin inlets, ponds, and site drainage routes — Concrete trucks will utilize the concrete washout area shown on the plans to wash and rinse their equipment prior to leaving the site. After concrete work is complete, any remaining debris will be collected and removed from the site — Remove any sediments that have been tracked onto public streets within 24 hours — Removed any spill of fuel, oil, or other chemical immediately upon detection — Collect all construction debris in dumpsters and roll —off boxes — Store construction materials in an orderly manner — Inspect pollution control measures as specified in Section 6 — Repair silt fences, inlet protection gravel construction entrances and other erosion and sediment controls as needed — Dewatering or basin draining activities of turbid or sediment laden water will be discharged to a temporary or permanent sedimentation basin or treated with the appropriate BMP prior to entering the surface water. Energy dissipation will be provided at all discharge points. Dewatering or basin draining activities will not cause erosion in receiving channels or adversely impact wetlands. 5 STORMWATER POLLUTION PREVENTION AFTER CONSTRUCTION The following storm water pollution prevention measures will be implemented after construction by the contractor: — All disturbed areas without permanent impermeable surfaces will be vegetated for final stabilization. See specifications for permanent seed mixtures. — Silt fence, inlet protection and other erosion and sediment control devices will be removed after vegetation is established — Storm water catch basins, manholes, pipe, and ponds will be maintained by the Chanhassen in accordance with their Storm water Management Plan once project has been accepted by the City. 6 SWPPP INSPECTIONS Inspections shall be conducted every seven days and within 24 hours after a rainfall event exceeding 0.5 inches in a 24 hour period. The following shall be completed during each inspection: — Record date and time of inspection — Record rainfall records since most recent inspection — Inspect the site for excess erosion and sedimentation — Inspect site for debris, trash and spills — Inspect temporary erosion and sedimentation control devices — Inspect construction entrances for sediment tracking onto public streets — Record recommended repairs and modifications to erosion and sediment controls — Recommend any necessary changes to this SWPPP — Record repairs and modifications implemented since previous inspections — Inspect the adjacent streets and curb and gutter for sediment, litter, and construction debris. The following guidelines will be used to determine if pollution control devices require maintenance, repair, or replacement: — If sediment control devices such as silt fence are filled to 1/3 of the height of the fence, the contractor shall remove all sediment within 24 hours of detection or notification. — If inlet protection devices appear plugged with sediment, are filled to I/3 capacity, or have standing water around them, the contactor shall remove the sediment and clean or replace the filter within 24 hours of detection or notification. — If the gravel construction entrances are filled with sediment the contractor shall either replace the entrance or add additional gravel within 24 hours of detection or notification. — If sediment from the site is observed on adjacent streets or other properties, the contractor shall remove the sediment within 24 hours of detection or notification. — If sediment from the site is observed on adjacent streets or other properties, the inspector shall identify the source and discharge location of the sediment and instruct the contractor to implement additional erosion and sediment controls at those locations to prevent future discharges. — If building materials, chemicals, or general refuse is being used, stored, disposed of, or otherwise managed inappropriately, the contractor shall correct such defects within 24 hours of detection or notification. — If excessive sediments or debris are observed at the flared end section outfalls, the inspector shall determine the source and discharge locations of such materials. If the discharge has occurred on the property, the contractor shall remove the sediments and debris within 24 hours of notification and correct the source of such materials as directed by the inspector. — If sediment from the site is observed to be discharged from the site, the MPCA will be notified the same day. — Other at the discretion of the inspector or contractor. DITCH GRATE, STOOL TYPE, NEENAH R-4341—A OR EQUAL SECURE TO RISER SECTION WITH 4 BRACKETS SLOPE OF GRAVEL 2:1 OR FLATTER GALVANIZED WIRE MESH FILTER FABRIC WITH 872.5 — 1/4" SPACING 1/4" TO 1-1/2' 3" DIA. HOLES WASHED GRAVEL e-O SPACED AT 12" ON CENTER W Westwood Professional Services. Inc. i hereby cedfy that this plan was Prepared by me or under my ReeLdontt 7699 Anagram Drive aired thet are PROFEMONAL D"91194 DQ Eden Prairie, MN 55344 °f".� 9/5/06 Aaaress Change Chceloed: DK) PHONE 952-937-5150 FAX 952-937-5822 Dram R9C POLL FREE 1. 88.937.5150 Dwight X JeUe, FS wtwo_ J Petard Dewing by/date m �`raaw www.westwoodPs.mm DeDe 09/05/06 iiomae Na 19153 RCP PIPE RISER4 1867.0 130' 15" DIA. � Prepared for. 36" DIA. PRECAST CONCRETE MANHOLE SLAB (SECURE TO RISER WITH 4 BRACKETS) 865.7 1EMPOPAW PE11111110111AM W-Mul Tim Erhart 9611 Meadowlark Lane Chanhassen, MN 5W17 The owner or an alternate will conduct the inspections as specified in this SWPPP. The owner is Tim Erhart. Alternates will include individuals to be designated by the owner and may include contractor personnel or other qualified individuals and shall be listed below. TITLE COMPANY NAME CONTACT NUMBER OWNER — Tim Erhart (952) 368-3434 CONTRACTOR AL TERNA TE 7 ADDITIONAL CONTACT INFORMATION NAME CONTACT NUMBER MPCA Duane Dunconson 651-296-7205 CHANHASSEN WESTWOOD Steve Pfipsen 952-937-5150 STRAW OR WOOD FIBER r OR 12' DIA. ROLL ENCL'7SED IN PLASTIC OR POLYESTER NETTING a", 11 GA. STAPLES SPACED V 0" ON CENTER X 13" LONG WOODEN STAKES SPACING. DRIVE THROUGH AND FIBER ROLL PONT "A" MUST BE HIGHER THAN PONT "B" TO ENSURE THAT WATER FLOWS OVER THE DIKE AND NOT AROUND THE ENDS BIOROLL BLANKET SYSTEM ( TYPE 3 SPEC. 3889 ) SYSTEM m .0 > 4, SIDLES ., 13EBM MATS/BLA SHOULD E INSTALLED VERTiCALL DOWNSLOF / 9�2�POPo /� �• M/NiM�M 12" MINIMUM J 1"-2" WASHED ROCK NOTE: ROCK CONSTRUCTION ENTRANCE SHOULD BE A MINIMUM HEIGHT OF 1.0' AND CONTAIN MAXIMUM SIDE SLOPES OF 4:1. [R= ENTRMICE EXTRA STRENGTH FILTER FABRIC — TYPE II — ADD WIRE MESH BACKING TYPE III — ADD WARE MESH AND HAY BALES STEEL OR WOOD POST ., 10'-0" MAX. SPACING WITH WIRE SUPPORT FENCE 6'-0" MAX. SPACING WITHOUT WIRE SUPPORT FENCE PONDING HEIGHT 9" MAX. RECOMMENDED CATTACH FABRIC, STORAGE HEIGHT SECURELY STEEL ORSTREAMPONDING HE 36" NIGH MAXF POST.WOOD POST RUNOFF 12" MIN./4-LAP a S�aCE OF WATta` -L—-4"x6" TRENCH 12 MIN. WITH COMPACTED 8" BACKFILL GRAVEL STANDARD DETAIL TRENCH WITH NATIVE BACKFILL ALTERNATE DETAIL TRENCH WITH GRAVEL TYPICAL SLOPE NOTE: SOL STABILl7enM_I • NON -WOVEN GEOTEXTILE 1. INSPECT AND REPAIR FENCE AFTER EACH ISOMETRIC VIEW FILTER FABRIC UNDER STORM EVENT AND REMOVE SEDIMENT WHEN NOTE: TYPICAL TREATMENT NECESSARY. WET SLOPE LINING 1. SLOPE SURFACE SHALL BE FREE OF ROCKS, 1 2. REMOVED SEDIMENT SHALL BE DEPOSITED CLODS, STICKS AND GRASS. MATS/BLANKETS TE]POPAW TO AN AREA THAT WILL NOT CONTRIBUTE SHALL HAVE GOOD SOIL CONTACT ON I,AIIII A SEDIMENT OFF -SITE AND CAN BE PERMANENTLY STABILIZED. 2. LAY BLANKETS LOOSELY AND STAKE OR SST �� St STAPLE TO MAINTAIN DIRECT CONTACT WITH MEE 3. SILT FENCE SHALL BE PLACED ON SLOPE THE SOIL DO NOT STRETCH I CONTOURS TO MAXIMIZE PONDING EFFICIENCY. Erhart Property Cha mMum n, Mftumata Date 09/01/06 SWPPP Narrative 20061094SWF01.DWG Sheet 2 of 2 Document No. OFFICE OF THE r r COUNTY RECORDER A 4 5 4 3 5 3 CARVER COUNTY, MINNESOTA Fee: $ 46.00 ChecW 16563 Certified Recorded on 11-27-2006 at 11:00 PAM❑ PM 954353 III II I III II IIIIIIII CtilH ad nder r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ►a��r�r�:�r •.>�ir�. • �I: sir : �i^ac�a Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen permits a wetland alteration permit to allow 0.58 acres (25,382 square feet) of wetland impact for the construction of access to the western portion of the applicant's property and stormwater ponding. Wetland replacement will occur on site with the construction of 0.83 acres (36,104 square feet) of new wetland, in combination with 0.87 acres (37,921 square feet) of credit through stormwater ponding and upland buffer creation. 1. Pronerty. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, described as follows: Outlot A, Butternut Ridge Addition 2. Conditions. The Wetland Alteration Permit was approved as shown on the plans dated received September 5, 2006 and subject to the following conditions: a) Because the species of spike rush was not identified during the delineation, the dominant spike rush within Wetland B shall be keyed out to ensure that the increased period of inundation will not adversely affect a state -threatened plant species or a significant natural community. b) The plans shall be revised to show how M-1 will be accessed. The access route shall be stable, shall avoid damage to significant trees (greater than 10" DBH) and shall avoid impacts to natural drainageways and any jurisdictional wetlands that may exist on site that were not delineated by Westwood Professional Services in August 2006. c) A planting plan for M-1, including invasive vegetation management techniques, species to be planted, proposed planting rates, and the approach to upland buffer restoration, shall be submitted prior to final City Council approval. d) The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no les an five 1 I {CANNED years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. e) A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. f) A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. g) A berm is proposed within the existing right-of-way (ROW) for Powers Boulevard. The applicant shall receive approval from Carver County for the proposed normal water level (NWL) in Pond 1 and for the proposed berm. h) At this time, no development is approved for the "Future Development Area." Any future development and/or requested changes to the land use for this property shall undergo the City's development and land use review process(es). i) Stormwater calculations were not submitted for Pond 1. When the future development area is developed, the pond shall meet all stormwater requirements in place at that time. j) The east -west road will be a field road that will extend from Powers Boulevard shall only serve the future development area identified on the plan and the future lift station. This road shall not extend further east. k) Future utility installation shall be a lighter line weight than the proposed storm sewer installation that will be done in conjunction with the wetland alteration. 1) The silt fence along Powers Boulevard shall be installed east of the trail at the construction limits. The rock construction entrance shall be at least 75 feet in length. The plans shall be revised to show the City's standard details 3107, 3108, 5300, 5301 and 5302A. m) The temporary riser structure shall remain in place until the pond and adjacent areas are stable. n) Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: 2 Tyne of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. o) Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. p) A building permit shall be obtained for all retaining walls greater than four (4) feet in height. q) The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County) and comply with their conditions of approval." 3. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 4. 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. 5. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: October 23, 2006 3 C]TY OF CHANHASSEN� (' S Thomurlong, MayorAL / d Gerhardt, City Manager STATE OF MINNESOTA ) `• (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this q1h day of 2006, 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. KIM T. MENISSEN Notary Public -Minnesota My Commission Expires Jan 31. 2D10 DRAFTED BY: City of Chanhassen 7700 Market Boulevard PO BOX 147 Chanhassen, MN 55317 (952)227-1100 " —F I I d LXA4 I fiAe__ k—Notary Publi 4 MEMORANDUM TO: Todd Gerhardt, City Manager CITYOF FROM: Lori Haak, Water Resources Coordinator 0 CHMSEN DATE: October 23, 2006 7700 Market Boulevard PBox Chanhassen, MNN 55317 RE: ERHART WETLAND ALTERATION PERMIT — Planning Case 06-32: Request for a Wetland Alteration Permit for the Administration Construction of an Access and Stormwater Pond on Outlot A, Phone: Butternut Ridge Addition 952.227.1110 Fax 952.221.1110 Building Inspections Phone:952.227.1180 EXECUTIVE SUMMARY Fax 952.227.1190 Engineering The applicant is proposing 0.58 acres (25,382 square feet) of wetland impact Phone: 952.227.1160 for the construction of access to the western portion of the applicant's Fax:952.227.1170 property and stormwatei Ponding• Te applicant is proposing tore lace Finance wetland impacts on -site through the construction of 0.83 acres (36,104 square Phone:952.2271140 feet) of new wetland, in combination with 0.87 acres (37,921 square feet) of Fax: 952.227.1110 credit through stormwater ponding and upland buffer creation. Paris A Rumbas Phone: 952,227.1120 ACTION REQUIRED Fax: 952.227.1110 Recreation Center City Council approval requires a majority vote of City Council present. 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 PLANNING COMMISSION SUMMARY Planning 1t Natural Resources The Planning omma P g Commission held public hearing on October 3, 2006 to review Phone:952.227.1130 the proposed development. The Planning Commission voted 7-0 to approve Fax: 952.227.1110 the proposed wetland alteration, with condition #10 modified as noted in the Public Works attached staff report. The summary and verbatim minutes are item la of the City 1591 Park Road Council packet. Phone: 952.227.1300 Fax:952.227.1310 RECOMMENDATION Senior Center Phone:952.227.1125 Staff recommends adoption of the motion approving the wetland alteration Fax 952.227.1110 permit as specified on page 6 of the staff report dated October 3, 2006. Web Site www.achanhassen.mnus ATTACHMENTS 1. Staff Report dated October 3, 2006. gAplank2006 planning casesx06-32 tim erhan wap\ce executive summary.doc {CANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN STAFF REPORT PC DATE: October 3, 2006 CC DATE: October 23, 2006 REVIEW DEADLINE: November 5, 2006 CASE #: 06-32 BY: LH PROPOSAL: Wetland Alteration Permit for R ead Construction of an Access and Stormwater Pond LOCATION: Outlot A, Butternut Ridge Addition South of TH 212 and East of Powers Boulevard (NW 1/4 of the NE'/4, Section 26, Township 116N, Range 23W) APPLICANT: Mr. Tim Erhart 9611 Meadowlark Lane Chanhassen, MN 55317 PRESENT ZONING: 2020 LAND USE PLAN: ACREAGE: 114.2 acres A2 — Agricultural Estate District Residential Low Density DENSITY: n/a SUMMARY OF REQUEST: The applicant is proposing 0.58 acres (25,382 square feet) of wetland impact for the construction of access to the western portion of the applicant's property and stormwater ponding. The applicant is proposing to replace wetland impacts on -site through the construction of 0.83 acres (36,104 square feet) of new wetland, in combination with 0.87 acres (37,921 square feet) of credit through stormwater ponding and upland buffer creation. Notice of this public hearing has been mailed to all property owners within 500 feet, including all property owners on Homestead Lane and Flintlock Trail. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 2 of 8 PROPOSAL SUMMARY The applicant is proposing 0.58 acres (25,382 square feet) of wetland impact for the construction of access to the western portion of the applicant's property and stormwater ponding. The access will also be used for a future City lift station. The applicant is proposing to replace wetland impacts on -site through the construction of 0.83 acres (36,104 square feet) of new wetland, in combination with 0.87 acres (37,921 square feet) of credit through stormwater ponding and upland buffer creation. APPLICABLE REGUATIONS Sec. 20-404. No net loss. To achieve no net loss of wetland, except as provided under section 20-416 of this article, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, burn, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. Sec. 20-407. Wetland alteration. (a) An applicant for a wetland alteration permit must demonstrate that the activity impacting a wetland has complied with all of the following principles in descending order of priority: (5) Replaces unavoidable impacts to the wetland by restoring or, if wetland restoration opportunities are not reasonably available, creating substitute wetland areas having equal or greater public value as set forth in Minnesota Rules 8420.0530 to 8420.0760. Exceptions to this part are calcareous fens, which are subject to Minnesota Rules 8420.1010 to 8420.1070. Sec. 20-408. Permit required. (a) No person shall drain, excavate in the permanent of semipermanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Draining, grading, excavating, filling, removing of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (1) Construction of new streets and utilities. (2) Creation of ponds or dams and alterations of the natural drainageways of water courses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland. Sec. 20-409. Filling. When a wetland alteration permit is issued allowing filling in a wetland, filling must be consistent with the Chanhassen Surface Water Management Plan and the Minnesota Wetland Conservation Act. The filling shall not alter the hydrological patterns in the remainder of the wetland if a portion of the wetland remains unless exempted under section 20416. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 3 of 8 See. 20-412. Mitigation. (a) Mitigation intent. Where wetland alteration is approved and mitigation is required pursuant to City Code and Minnesota Rules 8420.0540, mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by Minnesota Rules 8420.0546 to achieve replacement of the wetland function and value. BACKGROUND In 2006, the Minnesota Department of Transportation (MnDOT) constructed an extension of Powers Boulevard from Lyman Boulevard to Pioneer Trail in conjunction with the Trunk Highway 212 project. Future development within the City will necessitate a lift station south of the TH 212 on ramp and north of Pioneer Trail along Powers Boulevard. In addition, the TH 212 project needed to provide access to properties south of TH 212, west and east of the Powers Boulevard extension. Due to Carver County's requirements for separation of access points onto a county road, the curb cut to access to the Erhart property was located adjacent to an existing wetland. The applicant is proposing the construction of a 31-foot wide farm road skeet to provide access to the western portion of the property, in addition to the future City lift station. WETLANDS Existing Wetlands Two aglurban wetlands exist on -site. They were delineated by Westwood Professional Services in August 2006. Wetland A is a Type 4 wetland located just east of the western property line. It is dominated by reed canary grass and open water. The applicant is proposing 0.58 acres (25,381 square feet) of wetland impact through excavation (9,606 square feet) and filling (15,568 square feet). Wetland B is a Type 2 wetland located approximately 800 feet northeast of Wetland A. It is dominated by spike rush. The applicant is proposing to berm up the southern end of Wetland B to 901.5. This would increase the period of inundation for the wetland and raise the elevation of the wetland boundary to approximately 902.5. At least one species of spike rush is on the list of state threatened plant species. Because the species of spike rush was not identified during the delineation, the dominant spike rush within Wetland B should be keyed out to ensure that the increased period of inundation will not adversely affect a state threatened plant species or a significant natural community. Wetland Mitigation The applicant is proposing the creation of 0.83 acres (36,104 square feet) of new wetland by berming the southern end of Wetland B to 901.5. This would increase the period of inundation for Wetland B and raise the elevation of the wetland boundary to approximately 902.5. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 4 of 8 The plans should be revised to show how M-1 will be accessed. The access route must be stable, must avoid damage to significant trees (greater than 10" DBH) and must avoid impacts to natural drainageways and any jurisdictional wetlands that may exist on site that were not delineated by Westwood Professional Services in August 2006. The applicant has not submitted a planting plan for M-1. A planting plan, including invasive vegetation management techniques, species to be planted, proposed planting rates, and the approach to upland buffer restoration, should be submitted prior to final City Council approval. The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. ANALYSIS Steep slopes, distance from Pioneer Trail and significant trees to the south of the proposed access prevent the access from being located further to the south. Distance from the on -ramp for TH 212 prevents the access from being located further to the north. Because the spacing between access points is a safety issue, wetland impacts are unavoidable. A berm is proposed within the existing right-of-way (ROW) for Powers Boulevard. The applicant must receive approval from Carver County for the proposed normal water level (NWL) in Pond I and for the proposed berm. The plans depict a "Future Development Area" just south of the TH 212 on -ramp. The property is currently zoned Agricultural Estate District (A-2). The City's 2020 Land Use map shows the property as Residential Low Density. At this time, no development is approved for the "Future Development Area." Any future development and/or requested changes to the land use for this property must undergo the City's development and land use review process(es). Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 5 of 8 Stormwater calculations were not submitted for Pond 1. When the future development area is developed, the pond may need to be modified in order to meet all stormwater requirements in place at that time. The east -west road that will extend from Powers Boulevard will only serve the future development area identified on the plan and the future lift station. This road will not extend further east. Future utility installation should be a lighter line weight than the proposed storm sewer installation that will be done in conjunction with the wetland alteration. The silt fence along Powers Boulevard should be installed east of the trail at the construction limits. The rock construction entrance should be at least 75 feet in length. The plans should be revised to show the City's standard details 3107, 3108, 5300, 5301 and 5302A. The temporary riser structure must remain in place until the pond and adjacent areas are stable. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. A building permit should be obtained for all retaining walls greater than four (4) feet in height. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County) and comply with their conditions of approval. FINDINGS 1) Section 20-404 of the City Code stipulates that there should be no net loss of wetlands. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 6 of 8 Finding: The project proposes wetland replacement at a greater than 2:1 ratio through the creation of wetlands on -site and stormwater ponding and buffer dedication for public value credits therefore there will be no net loss of wetlands. 2) Section 20-407 of the City Code requires an applicant for a wetland alteration permit must demonstrate compliance with the sequencing requirements set forth therein. Finding: The proposed project is compliant with the sequencing requirements. 3) Section 20-408 of the City Code stipulates that no person shall drain, excavate in the permanent of semi -permanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Finding: Upon approval of the wetland alteration permit, the proposed project will be compliant with this requirement. 4) Section 20-409 of the City Code stipulates that wetland fill must be consistent with the Chanhassen Surface Water Management Plan and the Minnesota Wetland Conservation Act. Finding: The proposed project is consistent with the City's Surface Water Management Plan and the Minnesota Wetland Conservation Act. 5) Section 20-412 of the City Code stipulates that wetland mitigation must comply with Chanhassen City Code and the Minnesota Wetland Conservation Act. Finding: The proposed project is consistent with City Code and the Minnesota Wetland Conservation Act. RECOMMENDATION Staff recommends that the City Council Planning Convpissien adopt the following motion: "The City Council approves Wetland Alteration Permit #06-32 for the construction of an access toad and stormwater pond subject to the following conditions: 1. Because the species of spike rush was not identified during the delineation, the dominant spike rush within Wetland B shall be keyed out to ensure that the increased period of inundation will not adversely affect a state -threatened plant species or a significant natural community. 2. The plans shall be revised to show how M-1 will be accessed. The access route shall be stable, shall avoid damage to significant trees (greater than 10" DBH) and shall avoid impacts to natural drainageways and any jurisdictional wetlands that may exist on site that were not delineated by Westwood Professional Services in August 2006. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 7 of 8 3. A planting plan for M-1, including invasive vegetation management techniques, species to be planted, proposed planting rates, and the approach to upland buffer restoration, shall be submitted prior to final City Council approval. 4. The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. 5. A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. 6. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 7. A berm is proposed within the existing right-of-way (ROW) for Powers Boulevard. The applicant shall receive approval from Carver County for the proposed normal water level (NWL) in Pond 1 and for the proposed berm. 8. At this time, no development is approved for the "Future Development Area." Any future development and/or requested changes to the land use for this property shall undergo the City's development and land use review process(es). 9. Stormwater calculations were not submitted for Pond 1. When the future development area is developed, the pond shall meet all stormwater requirements in place at that time. 10. The east -west road will be a field road that will extend from Powers Boulevard shall only serve the future development area identified on the plan and the future lift station. This road shall not extend further east. 11. Future utility installation shall be a lighter line weight than the proposed storm sewer installation that will be done in conjunction with the wetland alteration. 12. The silt fence along Powers Boulevard shall be installed east of the trail at the construction limits. The rock construction entrance shall be at least 75 feet in length. The plans shall be revised to show the City's standard details 3107, 3108, 5300, 5301 and 5302A. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 8 of 8 13. The temporary riser structure shall remain in place until the pond and adjacent areas are stable. 14. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: TTyW of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 15. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 16. A building permit shall be obtained for all retaining walls greater than four (4) feet in height. 17. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency (NPDES Phase It Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County) and comply with their conditions of approval" ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Plans from Westwood Professional Services, dated September 5, 2006. 4. Public Hearing Notice and Affidavit of Mailing. gAplan\2006 planning cases\06-32 bm erttart wap\cc staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: The application of Mr. Tim Erhart Planning Case No. 06-32 On October 3, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Mr. Tim Erhart for a wetland alteration permit for the construction of access to the western portion of the applicant's property and stormwater ponding. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak. The Planning Commission has made recommendations to the City Council. The Chanhassen City Council now makes the following: FINDINGS OF FACT 1) The property is currently zoned A2 (Agricultural Estate District). 2) The property is guided by the Land Use Plan for Residential Low Density. 3) The legal description of the property is Outlot A, Butternut Ridge Addition, Carver County, Minnesota. 4) Two aglurban wetlands are proposed to be affected by the proposed project and wetland mitigation plan. 5) The total amount of wetland impact proposed is 0.58 acres (25,382 square feet). 6) Section 20-404 of the City Code stipulates that there should be no net loss of wetlands. Finding: The project proposes wetland replacement at a greater than 2:1 ratio through the creation of wetlands on -site and stormwater ponding and buffer dedication for public value credits. Therefore, there will be no net loss of wetlands. 7) Section 20-407 of the City Code requires an applicant for a wetland alteration permit must demonstrate compliance with the sequencing requirements set forth therein. Finding: The proposed project has demonstrated sufficient sequencing. 8) Section 20-408 of the City Code stipulates that no person shall drain, excavate in the permanent of semi -permanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Finding: Upon approval of the wetland alteration permit, the proposed project will be compliant with this requirement. 9) Section 20-409 of the City Code stipulates that wetland fill must be consistent with the Chanhassen Surface Water Management Plan and the Minnesota Wetland Conservation Act. Finding: The proposed project is consistent with the City's Surface Water Management Plan and the Minnesota Wetland Conservation Act. 10) Section 20-412 of the City Code stipulates that wetland mitigation must comply with Chanhassen City Code and the Minnesota Wetland Conservation Act. Finding: The proposed project is consistent with City Code and the Minnesota Wetland Conservation Act. 11) The planning report for Planning Case #06-32, dated October 3, 2006, prepared by Lori Haak is incorporated herein. The Planning Commission recommends the City Council approve the Wetland Alteration Permit for Planning Case #06-32 for the alteration of wetlands for the construction of an access road and stormwater ponding. ADOPTED by the Chanhassen Planning Commission this Yd day of October, 2006. CHANHASSEN PLANNING COMMISSION F.w Its Chairman GAPLAM2006 Planning C "\06-32 Tim Erhart WAP\Eahart Findings of Faccdoc Planning Case No. 3(O -.3 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 CITY OF CHANHASSEN Chanhassen, MN 55317 - (952) 227-1100 RECEIVED DEVELOPMENT REVIEW APPLICATION SEP 0 6 2006 CHANHASSEN ptANPNN6 DEpr Applicant Name and Address: Owner Name and Address: Mr. %iti cf_kAr�_ 3A-M6 RS APPL1cANT r. PhonejS'Z-368-31f3'i Fax: 'KA-368- `f1577 Phone: Fax: Email: _coen Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) X Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign - $200 —waived (City to install and remove) X Escrow for Filing Fees/Attorney Cost' - $50 CUP/SPR/VACNARNNAP/Metes & Bounds - $450 Minor SUB Qd Q-75'= /VV_ q ) TOTAL FEE $�. 00 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: 0-sk OC PowEa' RLVD, ANO il/01-4-4 674 A/BSf 961% 15�re_f LEGAL DESCRIPTION: /V F- A( of Sea!-,Iw SL6 T//R2.3 GJ TOTAL ACREAGE: ± / 1 2 WETLANDS PRESENT: YES NO PRESENT ZONING: A 2. — A6%irt Gv l4-vra. ( *ES4cL4-e Dr$-/✓•'GF- REQUESTED ZONING: /Vfr PRESENT LAND USE DESIGNATION: ��` �tt4}:�• (— (,p W D C�+S� REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: SEE Ir7 ,q cHeD Noa4oyrt tl ta' This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will kee myself informed of the deadlines for submission of material and the progress of this application. I further under nd that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any aut nzation to proceed with the study. The documents and information 1 have submitted are true and correct to the best of Signature of Fee Owner Date SCANNED G:tpLAMforms\Development Review Application.DOC Rev. 12/05 Narrative Attachment Up until recently, four properties including the property described in this proposal was served by a public road emanating from Pioneer Trail located on approximately the same alignment as new Powers Boulevard. One of the properties included a farm and home site occupied by the Wallace Krause family. The street ran one half mile north from Pioneer Trail and terminated in a cut -de - sac. The farm site was approximately 100 yards north of the cul-de-sac and had as its primary access from there. The road was maintained by the city of Chanhassen. The farm site and home were abandoned in the late 1970's at which time the city ceased maintaining the road. While no gravel was added, since then the culverts and drainage of the road had been in good condition (to where the Laurent and Erhart access was located) up until the construction of new Powers Boulevard. The road continued to be used by Gil Laurent and Bruce Jueressen for farming. Frank Fox, who purchased the Krause farm site, used it as it was the only access to their property. The Erhart's used it as their only commercial suitable access to the western part of his property where they operate one of two tree growing ranges on their property. The Erhart's have no practical alternative access to this growing range other than that from the old road or now what is Powers Boulevard. The construction of Powers Boulevard overlaid and destroyed the existing road and therefore whatever access the road provided to the four land owners. All four owners used the road and considered the right of way a public asset allowing them use of their property. MnDot did ultimately provide a curb cut to the Erhart property when constructing new Powers Boulevard. However, the access is unusable in its present form in that it immediately leads down to a steep bank and into a pond. This proposal would allow the construction of a driveway from the access provided off of Powers Boulevard to the western part of the Erhart Property. This approximate 10 acres of land is separated from the eastern part of the property by a heavily wooded ridge line and large wetland. The acres will allow the continued use of the existing tree growing range. Eventually this access will be used to serve some type of commercial or industrial facility lying directly to the north of the proposed driveway. It will also serve as an access to a future site for a lift station planned for the area immediately to the south of the proposed driveway. The entire area is scheduled for inclusion in 2010 MUSA. SCANNED pC p q//�1 pp auL A'All IA— M-11 �— SEp V 2UOU q, Xcn.nYr., waYY�.m " w.,.z I` O ` 'G � n.a m.n. RT.x C W p • Mu[ v4�2 a\wr 1, PoJ Al. X4. Mq CHANHASS I nv ww"" °W EN P4gNNING DEPT I Log-d AA u Nq _� sn c ".�T. o W.no Ncwc wuxw.. w g 8 _R n�6 bfMJ 1 �r0 ..w a SLLTOH'XNIRXYI' � \ � _ —w— `s .cT..o.a.a..wYYc,r \ eon jj%%% ors.. _.�..... I I ��1 I O A. A. VIM n'ggriWm u a \� 4.. 5 \'t wBnatm A P vn ar,ox p a m � .r _ wmo.M1_ v.n.... r .c F EMM NJ — W LLPNER ,- LNE L4L - 77IN AA L�� " Erhart Wellutd Grading, • �..�� _ n,.,,,e ra. o....e. W..w Pr S.Winm i k g Tim Erhart any R pla �„ L - SCANNED r I mtROWcnW This a%umNt p '. a Slvm .1. PNIUI'm Pr NNI Plm (SWPP) for Emvt Prw.rl N Cnannoom. hinwpolo. In. ells b 1. nwmewl .rso of N. m«..[tan el Pwwp Fra we twl=. 212, Ernml PmpwlL' b ww by TIM Emwl, w]C 1 pM Y.Yof Cher .. Y. 55]I). . St. ie owrw'mal..... . wm .IN Warro.,.at., 1.o aver IN . u— a min° m qr cwlrumbn . ..11. mbl wN I— M.S. Sl MohmletgY�.l ww.1 the .1. .Is of aglwlaMo.n of In. [vnpl.lw bpmNt Sul be co",w by Np-Not. s.rl.a.l Me sRWP N .mama N N w ce m the MtbnolPablmt C„.NvepmS calm III SNIwn c(MPpES) mPpq.11an^ a aNlNe aY this WrNq cm .cllan. MWhet aYe wp ts. $, pplan .1. w IMm N Nral 111. Nmic. MmNollm. IMe IgIwF9 n —,NM 'n mM1InSMPPP: E.Lmq . PrWw o . .-1 .1 w.n NOT elmm N.I. pgbllan bah-11- NrF° rva1M Cmlwl sew • Ivy .term hotelptll.lwn Nwwlbn .IIN - i..Iw n.pw"mam ma a'.. - moo So ocish me a pmnl.aNln. y. llwm. tP. III at drmi.1MNeed. �a,l IN MId4 mlR.. al If. Em.I PrwwlY, and b .wwAl. halm Westpew SF.L ne Site 1. awmaw ey Pa.Em SW.wa to the West, Crd unlsasmMpW sWld ooland to lane mlland tohe wet. st gahe Slrinl to the.wlh. ] PROPOSED SM CONDITIONS 11. prwama .Ile cm6[l . we hey, .NXv to IM SmhlNq .IIS cm�ltimm.. n. p,woxa amall'me sly ma. rwFp WAS W. ulShhY w • .ten W I.. ill... uplmowY M n.IX 1I d wl. .,der those .•abww amdll-.. A Williams he West :Ile: I Ine PmpwY 1. aWome rhea W -MtW OI mord m°ee later. stl ^pe. Nor Sit... 1. mom m::«Yi o a.09 m. i�w 0 m • °a mf iNNo .... m .st.:e m Ill Email lPrabwmm y al lab WWI N MagWw. Swim..) EnSMIC pRCY = MRSI2 00 ac 1 la L Me pI...ply Miami pw0. w .'I.wn Ie nab a.1.1 le Meet or..,. hei .Isewr The Imw ell. Ns the ,.erne aEWMEn RRo le.oEa reMRr ifRYAMNf NNL IM amfibei I.H IMRR WI✓yli pSLNAREE RAR Nq AS` (mwJ Will . aNSTRUSIM. WAVER POLLYTW PXEKNTpI R .E ANp WMMG TN. lOim ll . e m mots, WWI N am n In Ill. plm. rod mql w Who—Whleo prw m .th.off .I., Metal .INI :roce wwna n. en I New to We p,eoM en m Inel Smell hush o M am1,W Nan. •I wrywwY . a[Lpilw must ml hn,. wwno Ine., la Irtp eW.nmt 1 CNeI'uel mr. amebu[lim enlranwe .1 of d .,lime. is 11 InleleWalecllm I. M to "... Ivy OR .Ism .row ..to Fgold e haeom R of—.aWhys,imil .wntbn mwwrw Or. Nwn Ile plms a . e a plematW eurinp cme, ..I to n: - Phase g..a .Ita. 11. aM an that on,ehlureea at i. .p hew - Wal Shoe near gmWl " .1 I.N. oqMm Pmw m an d mmem h tabs., ary a-. NN .,.W. WWI off.. mmNom P tab/w. n al a on., mminq nna Weds .Ivy Isry. What ml .tram .Ivy m" all w . I" S. ana I elm w Sea. Why an ofcs.luNhe mane mnh'n me holwmR Ilse I,-- - 5ww grmtw that 3:1 - mlthN I all Lap: Rhm Iwl Ill k1-10-" - Sit. whall., Ihm IPI - 1 31 aoN - Pralecl ekeraw amm ern mnSs nN.pllm. seal —SWISS emuN In th m a,-., Ikon nee., WMI seta mor l m mo°r Or u .. it too h [ a.m Cc t, hatial nOWI It, .Y In eaNwl N. Navy m le: ybn:ciu .eN a a.a^edWpmwt PxN IS hotel the Slla ArIN Co m F lampal am, renelnNR dwr.. wl We Cglttlw Who ranee. N— Me of. - Remaw my a mm. that we WWI tune. Who We"a Nmin 34 hews.- N N em - Rwnawa Y so.' I ... ell. Oththltq ImmwlalPY m =Wi - C..l .11 em.IrvtlM .11. N Wmpihe we MI -fill envy - SIN. e.."WIke IMANW. In an wbnY mmnw InweCl pglullm cmlra msasur.. gv�XW . IW Igr fi .,Irr it Iate^III mite[Rm gome [mS WCllm II...I..L - boom w.NN.-11,1111s..1r1 I.al..e.-I the site.. so E.«psN °o�io. SO .., _W- IN nnn:°lo 5 StQIW MR PawiMN PR[WINMON Al CONSRucTW Me MIa.Na .Iwm -1. W.W.N. Whimem m m w NI W .P,—.l.a oh. am.lrvcam at of. [an ranN. - At dmWNWd .,w. itial l mWM... It Ise Nm.ael. gYlww WWI a. ",.I. fill al.1 ila.um. se. so-, .nth. IN p«mamnl wed MON.'w. - S11 I R Whet milittlethim m ana moment calfrof w.a. OR We -.ea wl::y.I.'- I. -too' w - SM— rotes claim meths. m m. OWNS. ma ama..n N. m er'.m. a. ,No CnmMmm FIN thm Slmn a w .—a.«nenl Whim me. are', n:S Nmn ac[wlw y the CITY IN.—lism. No. as cmM[lea W—Y.emn 6N ana N0N We miss I a MMION SmI ..cwdnq e.5 N[nw N a N leur PNad .. Mlamq Nell We cwaplelw Wn, ewe Inww IN: W Ewato -a .Me lien Mmall Wi e salls most nl Inpallm the Ivy•eam the .Moll., - i1, It ihe wvt empW.N.OMvchimim aeunoSS nyKt tent—hm MC. Ivy eeomNt hl t ahem[ ahmm - Re[wa rwammwaea .w .. ana maahabnm. m «hean and ..imam [mlrpe - Re[--N-1 NY nmwmrY chary. le fit. SRPPp - Rmwa .gala and maaih[allm. ihal a immed F,. p..iwe Ngwthm. .en,—t. .,tail mE eumilwtim µills a whw IN Ill. lfie le.m WIW. .M a... to d.IwmN. II pWlihn t-lrmeuYS malmmwa.. I.S. N rro.M.t - 11 Soment tmtrq Ma. man We ..1 loam we New to 1/3.l the helobt of the No s. fib cNhom t—to, Nall,W wNwt Flit m of Igllm w n. memlm. - II bast wot.tM eke WWI — ow of," With ewlmmnl^ w MO. la /` fall al .1.t W •SIMMMid l wound them. the imatio. lIµ nl. n 2i nab e[nm atinNM. se grew a m.wwwl h:habnlMaath shorv.lhme, w N.o.mla: w W aWlr'�.I w mal r 1.0.`.1 Mt.aeNes i?fillet.,. awn PI.Np l{w. th . whomettw F z4 h or "Wl lamb -to, 11 "Ithoth, - am the • aor— h.aNem M-1-N .I INN>N°.:d' .If -it tI m :: Ill. .,,-isne. r Mall aonwl .urn aSle[IS 14 vet melwwa Of the no,W mas n. a,.,. Y. In we ewYnw...a a h II1N a ha— .I mallsofm al rmc1 1n rte .I Nm malwiOSS w W.IW by IM ii :.Q,nwlt Nom we .I1. 1, mewwa to be dlSrnwgW Irmo m. We, a SPCA NN WO ..ldha wN w.4 my Offer at the ahoehm aI the F.p.lw ar — rota. w Etepr. IN Tim Erhart Me a.., N N glernm..m ean.1 11. she'.... to weclem N this SN Pme a.ner h lem Small, Att malty .YI m1 bill.... to the fie '. NY m. wmr had ma, Foua. Nowilhother 1.1.1 N at. ..Is. Im MWyWM eM .RNI M Ihled Oelm. N/1F I C'q MY WWI CCNYICE NWBW oweR _ rEn Ew«r per) ]ee-we CLWMACW ALR m 1 AMRIMAL CONTACT INFO. M NAK CMf CI ftY lA.ce am. Wmaw ear -Wipe -Owe OMMIASYN Mum [alive xle.IT ,_awmm MLRSIfi45i^lJ.Y6� I mCEE OTTem it�.�.wW m wev.q.r ~W � • a- Was sew omm — 1 r � ME �e>shi will• — w i TT WW.No rmWNAM...� Erhart Property swrrr NunMve SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on September 21, 2006, 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 Erhart Wetland Alteration Permit — Planning Case No. 06-32 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. r 0 ',a ,4 'C� 0, 1 'jGx-,C_� K J. Eng h dt, Depu Clerk Subscribed and sworn to before me this day of Q r , 2006. otary Public KIM T. MEUWISSEN '�. Notary Public -Minnesota My Commission E)Orm Jan 31, 2010 11"NNEY Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 3, 2006 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: Citv Hall Council Chambers, 7700 Market Blvd. Request for a Wetland Alteration Permit for the construction of Proposal: an access to the western portion of the applicant's property - Planning Case No. 06-32 Applicant: Tim Erhart Property East of Powers Boulevard, west of Highway 101 and north of Location: West 96 Street 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/i)lan/06-32.html. If you wish to talk to someone about this project, please contact Lori Haak by email at Ihaak@ci.chanhassen.mn.us or by phone at 952- Questions & 227-1135. If you choose to submit written comments, it is Comments: 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 commerciaUndustdal. • 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 somethina to be included in the report, lease contact the Planning Stab person named on the notification. Date & Time: Tuesday, October 3, 2006 at 7:00 P.M. This hearing may not start ' until later in the evening, depending on the order of the a ends. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Wetland Alteration Permit for the construction of Proposal: an access to the western portion of the applicant's property - Planning Case No. 06-32 Applicant: Tim Erhart PropertyWest East of Powers Boulevard, west of Highway 101 and north of Location- 96th Street 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/sery/plan/06-32.html. If you wish to talk to someone about this project, please contact Lori Haak by email at Ihaak@ci.chanhassen.mn.us or by phone at 952- Questions & 227-1135. If you choose to submit written comments, it is Comments: 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 commerciaVndustrial. • 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. Ln5bal Rrpraq uisclalmer This map is neither a legally recorded map nor a survey antl is not intended to he used as one. This map is a compilation of records, information and data located in vanous city, cmnly, state and federal offices and other sources mgarding Me area shown. and is to he used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this prep are error free, and Me City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requinng exacting measurement of distance or direction or precision in the depiction of geographic features. g errors or discrepancies are found please correct 952-227-1107. The preceding dscianter is provided pursuant to Minnesota Statutes §366.03, Subd. 21 (2000), and the user of this map acknowledges Mat the City shall nor be liable for any damages, and expressly waves all clans, and agrees to detend, indemnify, and hold hamiess Me City from any and all clams brought by User, its employees or agents, or Mild parties which arms out of the user's access or use of data provided. Tin Emhart Rtpaty This meP is neither a legally recorded map .1 a survey, and is not intended to be used as one. This map is a comb nation of records, informant, and data locaed in vanous city, county, state and federal offices and other sources regarding Me area shown, and is to be used for reference purposes only. The City does not warrant that Me Geographic Infomefion System (GIS) Data used to prepare this map are error free, and the City does not represent that Me GIS Data can be used for navigational, tracking or any other purpose requiring enacting measurement of distance or direction or precision in the depiction of geographic features. 0 errors or discrepancies are found please contact 952-227-1107. The preceding disclaner is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000). antl the user of this map acknowledges that the City shall not be liable for any darreges, and expressly waves all dams, and agrees to defend, indemnify, antl hold hamaess Me City from any and all clams brought by User, its employees or agents, or Mid parties which arse oot of the user's access or use of data provided. ANDREW T RIEGERT ARTHUR B JOHNSON BRADLEY C WORM 620 96TH ST W 219 82ND ST W 750 96TH ST W CHANHASSEN, MN 55317-8601 CHASKA, MN 55318-9612 CHANHASSEN, MN 55317-8603 BRIAN J & MICHELLE R O'DONNELL 1151 HOMESTEAD LN CHANHASSEN, MN 55317-8613 CHARLES E & SANDRA R WORM 760 96TH ST W CHANHASSEN, MN 55317-8603 DAVID R & MARY B BLANSKI 9350 GREAT PLAINS BLVD CHANHASSEN, MN 55317-8642 FOX PROPERTIES LP 27990 SMITHTOWN RD EXCELSIOR, MN 55331-7911 GREGORY M FALCONER 720 96TH ST W CHANHASSEN, MN 55317-8603 JAMES L & JANET P BROWNELL 1190 HOMESTEAD LN CHANHASSEN, MN 55317-8612 JEFFREY A & TERRI L FOX 5270 HOWARDS POINT RD EXCELSIOR, MN 55331-8368 JOHNNIE J MEYERING & 1050 HOMESTEAD LN CHANHASSEN, MN 55317-8634 CARL O WATTS & 710 96TH ST W CHANHASSEN, MN 55317-8603 DAMON D & LISA L KANZLER 1161 HOMESTEAD LN CHANHASSEN, MN 55317-8613 DORSEY & DORSEY 1551 LYMAN BLVD CHANHASSEN. MN 55317-9403 G&M LAURENT FAMILY LTD PTRSHP 24760 CEDAR POINT RD NEW PRAGUE, MN 56071-4056 JAMES & ARLENE J CHURCH 611 96TH ST W CHANHASSEN, MN 55317-8602 JAMES M & TERESA A BYRNE 700 96TH ST W CHANHASSEN, MN 55317-8603 JOHN C & JACKIE J DANIELS 1111 HOMESTEAD LN CHANHASSEN, MN 55317-8613 KAREN KAY HENRICKSON 9651 FLINTLOCK TRL CHANHASSEN, MN 55317-8605 CHARLES E & SANDRA R WORM 760 96TH ST W CHANHASSEN, MN 55317-8603 DAVID D & STEPHANIE J VIEAU 901 HOMESTEAD LN CHANHASSEN, MN 55317-8609 DOUGLAS L & PAULA JO STEEN 701 96TH ST W CHANHASSEN, MN 55317-8603 GARY J & MARY LANE BENDZICK 731 96TH ST W CHANHASSEN, MN 55317-8603 JAMES D WILSON ETAL 5730 YANCY AVE NEW GERMANY, MN 55367-9327 JAMES R & SHARON M HEDBERG 750 PIONEER TRL CHANHASSEN, MN 55317-8671 JOHN E & CYNTHIA N HART 951 HOMESTEAD LN CHANHASSEN, MN 55317-8609 KEVIN J & PATRICIA A ELLSWORTH 9601 FLINTLOCK TRL CHANHASSEN, MN 55317-8605 KEVIN L & LORI A BOGENREIF KURT W PAPKE & LORI L LARSON 631 96TH ST W 1131 HOMESTEAD LN 1051 HOMESTEAD LN CHANHASSEN, MN 55317-8602 CHANHASSEN, MN 55317-8613 CHANHASSEN, MN 55317-8611 NDI MINNESOTA LLC PAUL D & CAROL L PAULSON PETER A & JERILYN M SCHWALEN 7615 SMETANA LN SUITE 160 9250 GREAT PLAINS BLVD 1001 HOMESTEAD LN EDEN PRAIRIE, MN 55346-4700 CHANHASSEN, MN 55317-8641 CHANHASSEN, MN 55317-8611 PETER A DIRKS 900 HOMESTEAD LN CHANHASSEN, MN 55317-8608 ROBERT & BETTY WOLD 731 PIONEER TRL CHASKA, MN 55318-1157 ROBERT F ERLER & 9600 FLINTLOCK TRL CHANHASSEN, MN 55317-8605 RONALD L & KOLLEEN M BROWN 9650 FLINTLOCK TRL CHANHASSEN, MN 55317-8605 STEVEN J & SANDRA R KADISAK 810 PIONEER TRL CHANHASSEN, MN 55317-8673 TIMOTHY A & DAWNE M ERHART 775 96TH ST W CHANHASSEN, MN 55317-8603 TIMOTHY LOWE 601 96TH ST W CHANHASSEN, MN 55317-8602 PETERSON-JACQUES FARM LAND CO 15900 FLYING CLOUD DR EDEN PRAIRIE, MN 55347-4047 ROBERT & CHRISTIN E BOECKER 610 96TH ST W CHANHASSEN, MN 55317-8601 RODNEY G & DIANE S BELCH 1180 PIONEER TRL CHASKA, MN 55318-1122 STATE OF MINNESOTA - DOT 395 JOHN IRELAND BLVD 631 TRANSPORTATION ST PAUL, MN 55155-1801 THEODORE B & KAREN K HASSE 630 96TH ST W CHANHASSEN, MN 55317-8601 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN, MN 55317-8695 WAYNE O & GAYLE D WENZLAFF 1181 HOMESTEAD LN CHANHASSEN. MN 55317-8613 RICHARD A & BETTY A DERHAAG 711 96TH ST W CHANHASSEN, MN 55317-8603 ROBERT A & ELIZABETH K HAAK 770 PIONEER TRL CHANHASSEN, MN 55317-8671 ROGER A & KIMBERLY A LEE 600 96TH ST W CHANHASSEN, MN 55317-8601 STEPHEN J & COLEEN M WILKER 621 96TH ST W CHANHASSEN, MN 55317-8602 THOMAS J & SHARON L MESCHKE 9701 FLINTLOCK TRL CHANHASSEN, MN 55317-8637 TIMOTHY A & LINDA M BLOUDEK 1171 HOMESTEAD LN CHANHASSEN, MN 55317-8613 WENCES M HORAK ETAL 9700 FLINTLOCK TRL CHANHASSEN, MN 55317-8637 WESLEY & CAROL DUNSMORE WILLIAM F & MARY E HEINLEIN WILLIAM G & ELIZABETH M AHERN 730 96TH ST W 721 96TH ST W 1191 HOMESTEAD LN CHANHASSEN, MN 55317-8603 CHANHASSEN, MN 55317-8603 CHANHASSEN, MN 55317-8613 Public Hearing Notification Area (500+ feet) Erhart Property Wetland Alteration Permit Planning Case No. 06-32 City of Chanhassen oco - 3 a City Council Meeting - October 23, 2006 are interested, I would encourage you to come and look forward to seeing that be a very successful event. At this point we'll move on with our agenda. CONSENT AGENDA: Councilman Lundquist: Mr. Mayor, I would like to remove item 1(1). Mayor Furlong: Okay. Is there a long discussion? Want to bring it up under old business or immediately after. Councilman Lundquist: Immediately after. Mayor Furlong: Alright, without objection. Any other items on the consent agenda? If not then, is there a motion to adopt items 1(a) through (k) as included in the consent agenda and staff recommendation. Councilman Lundquist moved, Councilwoman Tjornhom 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 October 9, 2006 -City Council Verbatim & Summary Minutes dated October 9, 2006 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated October 3, 2006 -Park and Recreation Commission Verbatim & Summary Minutes dated September 26, 2006 C. Lakeside Development, 125 Lakeview Road, Sienna Corporation: 1) Final Plat Approval with Variance from the Subdivision Ordinance 2) Approval of Development Contract and Construction Plans & Specifications d. Orchard Green: Approve Development Contract Assignment. e. Approval of a Wetland Alteration Permit for the Construction of an Access to the Western Portion of the Applicant's Property; East of Powers Boulevard, West of Highway 101, and North of West 96s' Street, Tim Erhart. f. Approve Cooperative Construction Agreement with MnDot for Wetland Restoration Construction for Highway 212 Mitigation. g. Set Special Meeting Date to Canvass Election Results, Thursday, November 9, 5:00 p.m. Resolution #2006-75: Certification of Delinquent Utility Accounts. SCANNED 4 S City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 W10F (952) 227-1100 To: Tim Erhart 9611 Meadowlark Lane Chanhassen, MN 55317 Invoice SALESPERSON DATE TERMS KTM 9/21/06 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 56 Property Owners List within 500' of Erhart Property (56 labels) $3.00 $168.00 TOTAL DUE $168.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for October 3, 2006. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #06-32. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESSI SCANNED CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 553 11/08/2006 Receipt No. CLERK: katie PAYEE: TIM ERHART 9611 MEADOWLARK LANE CHANHASSEN MN 55317 Property Owners List Planning Case 406-32 ------------------------------------------------------- GIS List 1 Total Cash Check Change 168 SCANNED CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 11/13/06 2006-32 ATTENTION Sue Nelson RE: Document Recording M Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 10/23/06 06-32 Erhart Wetland Alteration Permit 2006-32 (Outlot A, Butternut Ridge Addition THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: Mr. Tim Erhart ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints (952)227-1107 If enclosures are not as noted, kindly notify us at once. SCANNED CITY OF CHANHASSEN :: I : : ►It .I U►I ' I► K�Ii1,YYlOC`��11►1►1�.Y�yY:1 WETLAND ALTERATION PERMIT #2006-32 Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen permits a wetland alteration permit to allow 0.58 acres (25,382 square feet) of wetland impact for the construction of access to the western portion of the applicant's property and stormwater ponding. Wetland replacement will occur on site with the construction of 0.83 acres (36,104 square feet) of new wetland; in combination with 0.87 acres (37,921 square feet) of credit through stormwater ponding and upland buffer creation. 1. property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, described as follows: Outlot A, Butternut Ridge Addition 2. Conditions. The Wetland Alteration Permit was approved as shown on the plans dated received September 5, 2006 and subject to the following conditions: a) Because the species of spike rush was not identified during the delineation, the dominant spike rush within Wetland B shall be keyed out to ensure that the increased period of inundation will not adversely affect a state -threatened plant species or a significant natural community. b) The plans shall be revised to show how M-1 will be accessed. The access route shall be stable, shall avoid damage to significant trees (greater than 10" DBH) and shall avoid impacts to natural drainageways and any jurisdictional wetlands that may exist on site that were not delineated by Westwood Professional Services in August 2006. c) A planting plan for M-1, including invasive vegetation management techniques, species to be planted, proposed planting rates, and the approach to upland buffer restoration, shall be submitted prior to final City Council approval. d) The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. e) A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. f) A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. g) A berm is proposed within the existing right-of-way (ROW) for Powers Boulevard. The applicant shall receive approval from Carver County for the proposed normal water level (NWl.) in Pond 1 and for the proposed berm. h) At this time, no development is approved for the "Future Development Area." Any future development and/or requested changes to the land use for this property shall undergo the City's development and land use review process(es). i) Stormwater calculations were not submitted for Pond 1. When the future development area is developed, the pond shall meet all stormwater requirements in place at that time. j) The east -west road will be a field road that will extend from Powers Boulevard shall only serve the future development area identified on the plan and the future lift station. This road shall not extend further east. k) Future utility installation shall be a lighter line weight than the proposed storm sewer installation that will be done in conjunction with the wetland alteration. 1) The silt fence along Powers Boulevard shall be installed east of the trail at the construction limits. The rock construction entrance shall be at least 75 feet in length. The plans shall be revised to show the City's standard details 3107, 3108, 5300, 5301 and 5302A. m) The temporary riser structure shall remain in place until the pond and adjacent areas are stable. n) Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: 2 Tyne of Slone Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. o) Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. p) A building permit shall be obtained for all retaining walls greater than four (4) feet in height. q) The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency (NPDES Phase H Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County) and comply with their conditions of approval." 3. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 4. LBDse. 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. . 5. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: October 23, 2006 CTTY OF CHANHASSEN By —�-LL— a—Lt:l Thomas A. Furlong, Mayor SEAL By: ,Td d Gerhardt, City Manager STATE OF MINNESOTA (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this (q-�h day of 2006, 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. ' KIM T. M"W"'T Notary Public -Minnesota My Commission Expires Jan 31, 2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard PO BOX 147 Chanhassen, MN 55317 (952)227-1100 '-'Notary Publi CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: The application of Mr. Tim Erhart Planning Case No. 06-32 On October 3, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Mr. Tim Erhart for a wetland alteration permit for the construction of access to the western portion of the applicant's property and stormwater ponding. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak. The Planning Commission has made recommendations to the City Council. The Chanhassen City Council now makes the following: FINDINGS OF FACT 1) The property is currently zoned A2 (Agricultural Estate District). 2) The property is guided by the Land Use Plan for Residential Low Density. 3) The legal description of the property is Outlot A, Butternut Ridge Addition, Carver County, Minnesota. 4) Two agturban wetlands are proposed to be affected by the proposed project and wetland mitigation plan. 5) The total amount of wetland impact proposed is 0.58 acres (25,382 square feet). 6) Section 20-404 of the City Code stipulates that there should be no net loss of wetlands. Finding: The project proposes wetland replacement at a greater than 2:1 ratio through the creation of wetlands on -site and stormwater ponding and buffer dedication for public value credits. Therefore, there will be no net loss of wetlands. 7) Section 20-407 of the City Code requires an applicant for a wetland alteration permit must demonstrate compliance with the sequencing requirements set forth therein. SCANNED Finding: The proposed project has demonstrated sufficient sequencing. 8) Section 20-408 of the City Code stipulates that no person shall drain, excavate in the permanent of semi -permanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Finding: Upon approval of the wetland alteration permit, the proposed project will be compliant with this requirement. 9) Section 20-409 of the City Code stipulates that wetland fill must be consistent with the Chanhassen Surface Water Management Plan and the Minnesota Wetland Conservation Act. Finding: The proposed project is consistent with the City's Surface Water Management Plan and the Minnesota Wetland Conservation Act. 10) Section 20-412 of the City Code stipulates that wetland mitigation must comply with Chanhassen City Code and the Minnesota Wetland Conservation Act. Finding: The proposed project is consistent with City Code and the Minnesota Wetland Conservation Act. 11) The planning report for Planning Case #06-32, dated October 3, 2006, prepared by Lori Haak is incorporated herein. The Planning Commission recommends the City Council approve the Wetland Alteration Permit for Planning Case #06-32 for the alteration of wetlands for the constriction of an access road and stormwater ponding. ADOPTED by the Chanhassen Planning Commission this 3`d day of October, 2006. CHANHASSEN PLANNING F" G1PLAN\2006 Planning Ca \06-32 Tim Erhart WAPErhart Findings .i Page 1 of 3 Haak, Lori From: Tim Erhart [terhart@exlar.com] Sent: Wednesday, November 15, 2006 3:20 PM To: Haak, Lori Cc: mail:david.weetman@westwoodps.com Subject: FW: Spikerush and Berm Seed Mix/Notes Attachments: BWSR_Mixture US.doc; BWSR_SeedingNotesl.doc Lori, Here's the into on the Beaked Spike Rush and the information relating to the seed mix I plan on using on the Dam/Berm when it's done. We are adding the field road to the dwg and will fwd that to you when complete. Best wishes Tim From: David Weetman[mailto:david.weetman@westwoodps.rom] Sent: Wednesday, November 15, 2006 1:43 PM To: Tim Erhart Cc: Dwight Jelle Subject: Spikerush and Berm Seed Mix/Notes Tim- Spikerush Issue: I did run out to your property yesterday and identified the location where Gen Bolling (original wetland delineator) identified the spikerush. It is a very small area of the ditch portion of the wetland (roughly 20 x 4 feet). The sample I brought back appears to be Eleocharis palustris, and not one of the 5 species listed as threatened or endangered in Minnesota. Of the 5 listed in Minnesota's Endangered Flora and Fauna (Coffin and Pfannmuller), only beaked spike rush has been identified near Hennepin County. This species is found in mineral -rich fens that are maintained by surface discharge of calcareous groundwater. I think Lori would agree that this does not describe Wetland B (that she observed in the field with Gen Bolling). Outside of the sample location area (as represented in the delineation data sheet where the spikerush was observed) the wetland is dominated by: Reed canary grass, wool grass, bidens frondosa, and smartweed. Other species observed included smooth brome, red osier dogwood, and arrow -leaf tearthumb. Let me know if you feel you need additional information to respond to this question, or if you want me to respond to Lori directly. Seed Mix For Berm: As far as as the seed mix goes for the upland berm, we have been specifying BWSR seed mix U5 for upland locations. This is a native seed mix that has had good success in the field when properly installed and is well received by agencies. I have attached a copy of that mix for you to this email. It can be purchased from Shooting Star Native Seeds: http://www.shootingstamativeseed.com/bwsr.htm. I will also be preparing a wetland monitoring proposal for you shortly. David 11/30/2006 Page 2 of 3 From: Dwight Jelle Sent: Tuesday, November 14, 2006 10:49 AM To: David Weetman Subject: FW: Conditions David: Will you take care of item number 1 under Lod's name for me? The full staff report is filed in laser fiche under the job number (Correspondence). Thanks! Dwight Jelle President Westwood Professional Services 7699 Anagram Drive Eden Prairie, MN 55344-7310 DIRECr 952-906-7411 EMAIL dwightJelle@westwoodps.co MAIN 952-937-5150 FAX 952-937-5822 WEB www.westwood sp com From: Tim Erhart [mailto:terhart@exlar.coml Sent: Monday, November 13, 2006 5:38 PM To: Dwight Jelle Subject: Conditions Dwight, You should have rec'd a copy of Lori Haak's conditions by FAX last week. I met with her Cain last Friday and with Lori today. Here's what Westwood has to do. Cain; 1. wants you to resend the dwgs to him electronically. He would like your person to call him at 952 368 9874 to make sure the format is correct Lori; 1. need to have a Westwood guy go out and say there isn't any Beaked Spike Rush in the Mitigation area. 2. revise the plan to show the trail from our fill area to the mitigation pond. This can just be drawn in from arrial photos or my hand dwg. 3. need an estimate of how much it would cost to build the mitigation pond. She said you have a formula. 4. some one from Westwood had to visit the site annually for up to five successive years to file a report with the city that the mitigation pond is not being overtaken by cattails, Reed Canary Grass or other unwanted species. After three years of good report we can request a final determination and then stop if accepted by the city. Give me a call at 952 368 3434 so we can get this finished. Best wishes, 11/30/2006 Page 3 of 3 tim 11/30/2006 Mixture U5 (Native SE MN Mesic Tall -grass Prairie) Common Name Botanical Name Seeds/oz. Seeds/tt' % of Mix Bluestem, big Andropogon gerardi 10,000 2.8 5.0 N Oats or Winter wheat' Avena sativaor Trificum aestivum 800 1.4 32.0 U, Grama, sideoats Bouteloua curtipendula 6,000 3.3 10.0 -a 0CI Wild-rye, Canadian E/ymus canadensis 5,200 2.0 7.0 d 00. iJ Wheat -grass, slender E/ymus trachycaulus 6,900 2.3 6.0 vy i Rye-grass, annual' Loltum italicum 20,000 11.0 10.0 Switch grass Panicum virgatum 14,000 0.8 1.0 Bluestem, little Schizachydum scoparium 15,000 8.3 10.0 Indian grass Sorghastrum nutans 12,000 7.9 12.0 Milkweed, butterfly Asclepias tuberosa 4,300 0.1 0.4 Milkweed, whorled Asclepias verticillata 11,000 0.1 0.1 Aster, heath Aster encoides 200,000 0.6 0.05 Aster, smooth -blue Aster laevis 55,000 0.6 0.2 Milkvetch, Canada Astragalus canadensis 17,000 0.4 0.4 Partridge pea Chamaecrista fasiculata 2,700 0.1 0.65 Prairie clover, white Dalea candidum 19,000 0.4 0.4 Prairie clover, purple Dalea purpureum 18,000 0.6 0.6 Tick -trefoil. showy Desmodium canadense 5,500 0.1 0.4 rn a Sunflower, early Heliopsis helianthoides 6,300 0.1 0.4 `p Blazingstar, rough Liatris aspera 16,000 0.4 0.4 U. Blazingstar, tall Liatrs pycnostachya 11,000 0.2 0.4 Bergamot, wild Monarda fistu/osa 70,000 0.8 0.2 Coneflower, grey- Ratibida pinnata 30,000 0.7 0.4 headed Black-eyed Susan Rudbeckta hirta 92,000 2.0 0.4 Goldenrod, stiff Solidago ngida 41,000 0.9 0.4 Spiderwort, Ohio Tradescantia ohiensis 8,000 0.2 0.4 Vervain, blue Verbena hastata 93,000 1.0 0.2 Vervain, hoary Verbena stricta 28,000 0.3 0.2 Alexanders, golden Zizia aurea 11,000 0.2 0.4 Total: 100.0 Recommended Rate: 15.0 (PLS Ibs/acre) 'Note: Oats are used in spring & summer and winter wheat in the fall. Summaries Mix Seeds Per Square Foot Mix Seeds Per Square Yard Mix Seeds Per Acre 50 446 2,156,868 by wt. Grasses % by wt. Cover Crop % by wt. Forbs 51.0 42.0 7.0 % by Seed Count Grasses % by Seed Count Cover Crop % by Seed Count Forbs 55.0 25.0 20.0 WETLAND BERM SEEDING NOTES BWSR SEED MIXTURE U5 Erhart Property Chanhassen. Minnesota 1. WETLAND REPLACEMENT SEED MIXES CAN BE ACQUIRED FROM SHOOTING STAR NATIVE SEEDS AND INSTALLED IN ACCORDANCE WITH THE: • GUIDELINES FOR RESTORING & MANAGING NATIVE WETLAND VEGETATION (JACOBSON, 2005), MINNESOTA BOARD OF WATER & SOIL RESOURCES (BWSR) AND MINNESOTA DEPARTMENT OF TRANSPORTATION (see http://www.bwsr.state.mn.us/wetlands/publications/nativewetvec.pdfl), • 2003 SEEDING MANUAL (MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF ENVIRONMENTAL SERVICES, 2003 (see httpl/www.dot.state.mn.us/environment/pdf files/SeedingManual20031) ), AND • STANDARD SPECIFICATIONS FOR CONSTRUCTION, 2000 EDITION (MINNESOTA DEPARTMENT OF TRANSPORTATION, 2000). 2. AFTER COMPLETION OF FINAL GRADING, THE SEEDBED SHALL BE PREPARED AND SMOOTHED SO THAT TO BREAK UP ROOT SYTEMS AND SOIL CLODS SO THAT THE AVERAGE CLUMP IS LESS THAN 2 INCHES IN DIAMETER. 3. PRIOR TO SEEDING, THE CONTRACTOR SHALL KILL AND PLOW OR DISC VEGETATION THAT COVERS MORE THAN 25 PERCENT OF THE GROUND IN THE AREA TO BE SEEDED. 4. THE SEEDBED SHALL BE PREPARED BY LOOSENING TOPSOIL TO A MINIMUM DEPTH OF 3 INCHES. 5. SEEDING SHALL NOT BE CONDUCTED BETWEEN JULY 10 AND AUGUST 20. 6. THE CONTRACTOR SHALL SEED BWSR SEED MIXTURE U5 (NATIVE SE MN MESIC TALL -GRASS PRAIRIE) AT A RATE OF 15.0 PURE LIVE SEED POUNDS PER ACRE ON DISTURBED AREAS OF THE WETLAND BERM. 7. SEED SHALL BE BROADCAST EVENLY OVER THE SEEDBED BY HAND OR BY USE OF A MECHANICAL "CYCLONE" SEEDER. 8. AREAS SEEDED TO BWSR SEED MIXTURE U5 SHALL BE FIRMED WITH A ROLLING -TYPE PACKER WITHIN TWO DAYS AFTER SEEDING. 9. SEEDED AREAS SHALL BE MULCHED WITH MNIDOT TYPE 3 (MCIA CERTIFIED WEED FREE GRAIN STAIN) MULCH AT A RATE OF 2 TONS PER ACRE AND THE MULCH SHALL BE ANCHORED WITH A DISC OR TACKIFIER. 10. THE SEEDING SHOULD BE ACCEPTED BY THE ENVIRONMENTAL SCIENTIST AT THE END OF THE FIRST COMPLETE GROWING SEASON IF THE NURSE CROPS AND EARLY ESTABLISHING SPECIES ARE PRESENT IN REASONABLE DENSITY. October 26, 2006 CITY OF Mr. Tim Erhart CIlH11I1Hk1SEN 9611 Meadowlark Lane Chanhassen, MN 55317 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Re: Variance— Planning Case #06-32 Administration Phone: 952.227.11 DO Dear Mr. Erhart: Fax 952227.1110 Building Inspections This letter is to formally notify you that on October 23, 2006, the Chanhassen Phone:952.227.1180 City Council approved the following motion: Fax: 952.227.1190 Engineering "1'he City Council approves Wetland Alteration Permit #06-32 for the construction Phone:952,227.1160 of an access and stormwater pond subject to the following conditions: Fax: 952.227.1170 Finance 1. Because the species of spike rush was not identified during the delineation, the Phone:952.227.1140 dominant spike rush within Wetland B shall be keyed out to ensure that the Fax:952.227.1110 increased period of inundation will not adversely affect a state -threatened plant Park a Recreation species or significant natural community. Phone: 952.227.1120 Fax:952227.1110 2. The plans shall be revised to show how M-1 will be accessed. The access route Recreation Center shall be stable, shall avoid damage to significant trees (greater than 10" DBl) 2310 Courier Boulevard Phone:952.227.14W p g y Yand shall avoid impacts to natural draina ewa s and an jurisdictional wetlands Fax:952.227,1404 that may exist on site that were not delineated by Westwood Professional Services in August 2006. Planning 8 Natural Resources Phone:952.227.1130 3. A planting plan for M-1, including invasive vegetation management techniques, Fax:952.227.1110 species to be planted, proposed planting rates, and the approach to upland buffer restoration, shall be submitted prior to final City Council approval. Public works 1591 Park Road Phone:952.227.1300 4. The applicant shall submit a letter of credit equal to 110% of the cost of the Fax:952,227.1310 wetland creation (including grading and seeding) to ensure the design Senior Center standards for the replacement wetland are met. The letter of credit shall be Phone:952.227.1125 effective for no less than five years from the date of final plat approval. The Fax:952.227.1110 applicant shall submit a cost estimate for wetland creation (including grading Web site and seeding) so the City can calculate the amount of the wetland creation www.ci.chanhassen mn.us letter of credit. 5. A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 6. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 7. A berm is proposed within the existing right-of-way (ROW) for Powers Boulevard. The applicant shall receive approval from Carver County for the proposed normal water level (NWL) in Pond 1 and for the proposed berm. 8. At this time, no development is approved for the "Future Development Area." Any future development and/or requested changes to the land use for this property shall undergo the City's development and land use review process(es). 9. Stormwater calculations were not submitted for Pond 1. When the future development area is developed, the pond shall meet all stormwater requirements in place at that time. 10. The east -west road will be a field road that will extend from Powers Boulevard shall only serve the future development area identified on the plan and the future lift station. This road shall not extend further east. 11. Future utility installation shall be a lighter line weight than the proposed storm sewer installation that will be done in conjunction with the wetland alteration. 12. The silt fence along Powers Boulevard shall be installed east of the trail at the construction limits. The rock construction entrance shall be at least 75 feet in length. The plans•shall be revised to show the City's standard details 3107, 3108, 5300, 5301 and 5302A. 13. The temporary riser structure shall remain in place until the pond and adjacent areas are stable. 14. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Sloe Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 15. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 16. A building permit shall be obtained for all retaining walls greater than four (4) feet in height. 17. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency (NPDES Phase 11 Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County) and comply with their conditions of approval." If you have any questions, please contact me at 952-227-1135 or by email at lhaak@ci.chanhassen.mn.us. Regards, M"MMMKIMI MI Don Asleson, Natural Resources Technician cc: Lori Haak, Water Resources Coordinator gAplan\2006 planning cmm\06-32 bm erhan wap\approval letter.dm Riley Legal Advisor Krebsbach and Haik, Ltd. 225 South Sixth Street, Suite 4320 Purgatory 6112 33nnea3 7i400 Fax::: 612 333-6959 B I u ff Creek Engineering Advisor: Barr Engineering 4700 West 77th Street 35 Watershed District Minneapolis, MNFax: 95 952 832-2600 Fax: 952 832-2601 Web Site: http//www.rileypurgatorybluffcreek.org October 4, 2006 Mr. Tim Erhart 9611 Meadowlark Lane Chanhassen, MN 55317 Re: Permit #2006-25: Erhart Property: Chanhassen Dear Mr. Erhart: The Board of Managers of the Riley -Purgatory -Bluff Creek Watershed District has reviewed the plans and grading and land alteration permit application as submitted to the District for the construction of a driveway to the Erhart property located in the southeast quadrant of the intersection of Powers Boulevard and T.H. 212 in Chanhassen. The District notes that impacts to wetlands meeting the requirements of the 1991 Wetland Conservation Act are proposed as part of the project and that the city of Chanhassen is the LGU that will administer the requirements of the Wetland Conservation Act. The Managers approve of the grading and land alteration permit subject to the following conditions: 1. All conditions as outlined in the attached General Provisions are applicable. 2. All areas altered because of construction must be restored by December 1, 2006. If you have any questions regarding the conditions of the District's permit, please call us at 952-832-2600. Sincerely, RoWert C`.' Obermeyer BARR ENGINEERING 1 Engineers for the District Approved by,Ihe Board of Managers WYGPOR ' -B CREEK WATERSHED DISTRICT President Date:psi%£/L c: Paul Haik Lori Haak Dwight Jelle ::0DMA\PCD0CS\D0CS't247625U Board of Managers Howard Peterson Mark Dillon Conrad Fiskness Michael Casanova Erin Ahola Permit: #2006-25 Project Name: Erhart Property: Chanhassen Approval Date: October 4, 2006 General Provisions 1. All erosion control measures shown on the plans must be installed prior to commencement of grading operations and be maintained until all areas altered on the site have been restored. If silt fence is used, the bottom flap must be buried and the maximum allowable spacing between posts is 4-foot on center. All posts must be either 2" x 2" pine, hardwood, or steel fence posts. If hay bales are used, all bales must be staked in place and reinforced on the downstream side with snow fence. The silt fence must be orange in color, which will be more evident and easier to locate for removal at the completion of the project. 2. All areas altered because of construction must be restored with seed and disced mulch, sod, wood fiber blanket, or be hard surfaced within two weeks from the completion of construction or no later than December 1, 2006. 3. Upon completion of construction and restoration of areas disturbed, the permit applicant is responsible for the removal of all erosion control measures installed throughout the site. 4. Street sweeping must be undertaken and completed on an as needed basis. 5. At the entryway onto the site, a rock filter dike being a minimum of 2 feet in height and having maximum side slopes of 4:1 must be constructed. This rock filter dike will enable construction traffic to enter the site and also provide an erosion control facility. 6. The District must be notified in writing a minimum of 48 hours prior to commencement of construction. Upon receipt of this notification, a field inspection of the project site by the Districts engineer will be undertaken to ensure that all erosion control measures have been properly installed. Construction cannot commence until this field inspection has been completed. 7. Upon completion of the project, the permit applicant is required to complete and submit the middle portion of the attached permit, indicating that the project has been completed. Upon receipt of this application, a field inspection of the site by the Districts engineering advisor will be undertaken to ensure that all areas have been properly restored and that all erosion control measures throughout the project site have been removed_ 8. The Riley -Purgatory -Bluff Creek Watershed District (RPBCWD), its officers, employees and agents review, comment upon, and approve plans and specifications prepared by permit applicants and their consultants for the limited administrative purpose of determining whether there is reasonable assurance that the proposed project will comply with the regulations and criteria of the RPBCWD and other state and federal agencies. The determination of the RPBCWD that issuance of this permit is appropriate was made in reliance on the information provided by the applicant. ::ODMA\PCDOCS\DOCS\247625\1 9. The grant of this permit shall not in any way relieve the permittee, its engineer, or other professional consultants of responsibility, nor shall it make the RPBCWD responsible for the technical adequacy of the engineer's or consultant's work. The grant of this permit shall not relieve the permittee from complying with all conditions and requirements of the permit, which shall be retained, by the permittee with the permit. 10. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. 11. This permit is permissive only. No liability shall be imposed upon the RPBCWD or any of its officers, agents or employees, officially or personally, on account of the granting of this permit or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. 12. In all cases where the doing by the permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property, rights or interests of any other person or persons, or of any publicly owned lands or improvements or interests, the permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all necessary property, rights and interest. 13. This permit is not transferable. The permittee shall make no changes, without written permission previously obtained from the RPBCWD, in the dimensions, capacity, or location of any items of work authorized by this permit. 14. The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the RPBCWD for inspection of the work authorized by this permit. IS. This permit may be terminated by the RPBCWD at any time deemed necessary in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the special provisions. 16. Construction work authorized under this permit shall be completed on or before date specified above. The permittee may, in writing, request that the RPBCWD extend the time to complete the project and shall state the reason for any requested extension. 17. If dewatering is required and sump pumps are used, all pumped water must be discharged through an erosion control facility prior to leaving the construction site. Proper energy dissipation must be provided at the outlet of the pump system ::ODMA\PCDOCS\DOCS\247625\1 Disco 4/ This r h/ Ti thn waives . brought by U. data provided. N s � a a 0 0 tr A^ �1,06�Q3P ^0 y - 0 h' ti w \ 2 P J= ti Q : o y Tar a wrvey and le not Intended to ba used es one. This yy .t and data located In vanoua city, cwny. state and federal Area shown, and is to be used for reference purposes onjy. g to Infortretlon System (GIS) Data used to prepare this not represent that the GIS Data can be used for navigational, If exacdng measurement of distance or direction or precision in . If More w dlecrepancies are frond please cordact 952-221-1107. .ad pursuant to Minnesota Statutes §086.03, Subd. 21 (2000), and ,as Mat the City shall not be liable IV any damages, and expresaly defend. Indemnify, and had harmless the city from any and all clap or aoe'aa.-orJN[d pargfa,w licbpOeyut oUiQ une,a epw a use of G yvNASS� i� CITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.w.us RECEIVED SEP 2 8 2006 CITY OF CHANHASSEN NLA hAINNESc;TA LLC C;n ;10V5 -GNE PROPERTIES MN LL "C,15 SM!_TANA I..i i SUITE -IC" f`DEN ^'R�i,%:c. Nnn, 5`5 / SCAgpEO I�0 NDI MINNESOTA LLC >vsN 7615 SMETANA LN SUITE 160 EDEN PRAIRIE, MN 55346-4700 11'ilnlrin tllulnitl n�llnlln t�lln 111ntltllr�llu lln l� 0 6 W Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 3, 2006 at 7:00 p.m. This hearing may not start until later in the evening, apending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Wetland Alteration Permit for the construction of Proposal: an access to the western portion of the applicant's property - Planning Case No. 06-32 Applicant: Tim Erhart Property East of Powers Boulevard, west of Highway 101 and north of Location: West 96th Street 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 tte meeting, the Chair will lead the public hearing through the following step -, What Happens at the Meeting: 1. Staff will give an overview of the pro 46., toject. 2. The applicant will present plans on th "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/sere/plan/06-32.htmI. If you wish to talk to someone about this project, please contact Lori Haak Questions & by email at Ihaak@ci.chanhassen.mn.us or by phone at 952- Comments: 227-1135. 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. WReview Procedure: - ubdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland 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 parry 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 commerciat/ndustrial. • 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 meefing. • 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, please contact the Planning Staff person named on the nottfication. CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 06-32 NOTICE IS HEREBY GIVEN Bra will hold a public hearing on Tuesday, October 3, 2006, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. Thepurposeof this hearing is to consider a request for a Wetland Alteration Permit fnr the Portion of the applicant's property located east of Powers Boulevard, west of Highway 101 and north of West 96th Street. Applicant: Tim Erhart. A plan showing the location of the Proposal is available for public review on the City's web site at w ci.c anhassell11L 1 / rv/D 06-32httnloratCityHallduringregular business hours. All interestedpersons are invited to attend th is publ is hearing andexpresstheiropinions with respect to this proposal. Lori Hoak, Water Resources Coordinator Email:lhaak@ci.chanhassen.mn.us Phone: 952-227-1135 (Published in the Chanhassen Villager on Thursday, September 21, 2006; No. 4741) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.119411 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghllklmnopgrsmvwxyzz,,'' AA ,, ^^ �� A �n• I Laurie A. Hartmann Subscribed and swom before me on this day o 2006 Notary Public ...+. GWEN M. RADUENZ NOTOAy EUBX _ WW4EST. tly Cam�icsian Eapiea Jan 9t, 2010 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter ................................ $40.00 per column inch Rate actually charged for the above matter ............................................... $11.51 per column inch SCANNED CITY OF CHANHASSEN STAFF REPORT PC DATE: October 3, 2006 [4] CC DATE: October 23, 2006 REVIEW DEADLINE: November 5, 2006 CASE #: 06-32 BY: LH PROPOSAL: Wetland Alteration Permit for Road Construction LOCATION: Outlot A, Butternut Ridge Addition South of TH 212 and East of Powers Boulevard (NW '/, of the NE '/., Section 26, Township 116N, Range 23 W) APPLICANT: Mr. Tim Erhart 9611 Meadowlark Lane OR?Chanhassen, MN 55317 PRESENT ZONING: A2 — Agricultural Estate District 2020 LAND USE PLAN: Residential Low Density ACREAGE: 114.2 acres DENSITY: n/a SUMMARY OF REQUEST: The applicant is proposing 0.58 acres (25,382 square feet) of wetland impact for the construction of access to the western portion of the applicant's property and stormwater ponding. The applicant is proposing to replace wetland impacts on -site through the construction of 0.83 acres (36,104 square feet) of new wetland, in combination with 0.87 acres (37,921 square feet) of credit through stormwater ponding and upland buffer creation. Notice of this public hearing has been mailed to all property owners within 500 feet, including all property owners on Homestead Lane and Flintlock Trail. {CANNED Location Map Erhart Property Wetland Alteration Permit Planning Case No. 06-32 City of Chanhassen SCANNED Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 2 of 8 PROPOSAL SUMMARY The applicant is proposing 0.58 acres (25,382 square feet) of wetland impact for the construction of access to the western portion of the applicant's property and stormwater ponding. The access will also be used for a future City lift station. The applicant is proposing to replace wetland impacts on -site through the construction of 0.83 acres (36,104 square feet) of new wetland, in combination with 0.87 acres (37,921 square feet) of credit through stormwater ponding and upland buffer creation. APPLICABLE REGUATIONS See. 20404. No net loss. To achieve no net loss of wetland, except as provided under section 20-416 of this article, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, bum, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. Sec. 20-407. Wetland alteration. (a) An applicant for a wetland alteration permit must demonstrate that the activity impacting a wetland has complied with all of the following principles in descending order of priority: (5) Replaces unavoidable impacts to the wetland by restoring or, if wetland restoration opportunities are not reasonably available, creating substitute wetland areas having equal or greater public value as set forth in Minnesota Rules 8420.0530 to 8420.0760. Exceptions to this part are calcareous fens, which are subject to Minnesota Rules 8420.1010 to 8420.1070. Sec. 20-408. Permit required. (a) No person shall drain, excavate in the permanent of semipermanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Draining, grading, excavating, filling, removing of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (1) Construction of new streets and utilities. (2) Creation of ponds or dams and alterations of the natural drainageways of water courses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland. Sec. 20-409. Filling. When a wetland alteration permit is issued allowing filling in a wetland, filling must be consistent with the Chanhassen Surface Water Management Plan and the Minnesota Wetland Conservation Act. The filling shall not alter the hydrological patterns in the remainder of the wetland if a portion of the wetland remains unless exempted under section 20-416. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 3 of 8 Sec. 20-412. Mitigation. (a) Mitigation intent. Where wetland alteration is approved and mitigation is required pursuant to City Code and Minnesota Rules 8420.0540, mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by Minnesota Rules 8420.0546 to achieve replacement of the wetland function and value. BACKGROUND In 2006, the Minnesota Department of Transportation (N1nDOT) constructed an extension of Powers Boulevard from Lyman Boulevard to Pioneer Trail in conjunction with the Trunk Highway 212 project. Future development within the City will necessitate a lift station south of the TH 212 on ramp and north of Pioneer Trail along Powers Boulevard. In addition, the TH 212 project needed to provide access to properties south of TH 212, west and east of the Powers Boulevard extension. Due to Carver County's requirements for separation of access points onto a county road, the curb cut to access to the Erhart property was located adjacent to an existing wetland. The applicant is proposing the construction of a 31-foot wide street to provide access to the western portion of the property, in addition to the future City lift station. WETLANDS Existing Wetlands Two agturban wetlands exist on -site. They were delineated by Westwood Professional Services in August 2006. Wetland A is a Type 4 wetland located just east of the western property line. It is dominated by reed canary grass and open water. The applicant is proposing 0.58 acres (25,381 square feet) of wetland impact through excavation (9,606 square feet) and filling (15,568 square feet). Wetland B is a Type 2 wetland located approximately 800 feet northeast of Wetland A. It is dominated by spike rush. The applicant is proposing to berm up the southern end of Wetland B to 901.5. This would increase the period of inundation for the wetland and raise the elevation of the wetland boundary to approximately 902.5. At least one species of spike rush is on the list of state threatened plant species. Because the species of spike rush was not identified during the delineation, the dominant spike rush within Wetland B should be keyed out to ensure that the increased period of inundation will not adversely affect a state threatened plant species or a significant natural community. Wetland Mitigation The applicant is proposing the creation of 0.83 acres (36,104 square feet) of new wetland by berming the southern end of Wetland B to 901.5. This would increase the period of inundation for Wetland B and raise the elevation of the wetland boundary to approximately 902.5. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 4 of 8 The plans should be revised to show how M-1 will be accessed. The access route must be stable, must avoid damage to significant trees (greater than 10" DBH) and must avoid impacts to natural drainageways and any jurisdictional wetlands that may exist on site that were not delineated by Westwood Professional Services in August 2006. The applicant has not submitted a planting plan for M-1. A planting plan, including invasive vegetation management techniques, species to be planted, proposed planting rates, and the approach to upland buffer restoration, should be submitted prior to final City Council approval. The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. ANALYSIS Steep slopes, distance from Pioneer Trail and significant trees to the south of the proposed access prevent the access from being located further to the south. Distance from the on -ramp for TH 212 prevents the access from being located further to the north. Because the spacing between access points is a safety issue, wetland impacts are unavoidable. A berm is proposed within the existing right-of-way (ROW) for Powers Boulevard. The applicant must receive approval from Carver County for the proposed normal water level (NWL) in Pond 1 and for the proposed berm. The plans depict a "Future Development Area" just south of the TH 212 on -ramp. The property is currently zoned Agricultural Estate District (A-2). The City's 2020 Land Use map shows the property as Residential Low Density. At this time, no development is approved for the "Future Development Area." Any future development and/or requested changes to the land use for this property must undergo the City's development and land use review process(es). Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 5 of 8 Stormwater calculations were not submitted for Pond 1. When the future development area is developed, the pond may need to be modified in order to meet all stormwater requirements in place at that time. The east -west road that will extend from Powers Boulevard will only serve the future development area identified on the plan and the future lift station. This road will not extend further east. Future utility installation should be a lighter line weight than the proposed storm sewer installation that will be done in conjunction with the wetland alteration. The silt fence along Powers Boulevard should be installed east of the trail at the construction limits. The rock construction entrance should be at least 75 feet in length. The plans should be revised to show the City's standard details 3107, 3108, 5300, 5301 and 5302A. The temporary riser structure must remain in place until the pond and adjacent areas are stable. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. A building permit should be obtained for all retaining walls greater than four (4) feet in height. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County) and comply with their conditions of approval. FINDINGS 1) Section 20-404 of the City Code stipulates that there should be no net loss of wetlands. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 6 of 8 Finding: The project proposes wetland replacement at a greater than 2:1 ratio through the creation of wetlands on -site and stormwater ponding and buffer dedication for public value credits therefore there will be no net loss of wetlands. 2) Section 20-407 of the City Code requires an applicant for a wetland alteration permit must demonstrate compliance with the sequencing requirements set forth therein. Finding: The proposed project is compliant with the sequencing requirements. 3) Section 20-408 of the City Code stipulates that no person shall drain, excavate in the permanent of semi -permanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Finding: Upon approval of the wetland alteration permit, the proposed project will be compliant with this requirement. 4) Section 20-409 of the City Code stipulates that wetland fill must be consistent with the Chanhassen Surface Water Management Plan and the Minnesota Wetland Conservation Act. Finding: The proposed project is consistent with the City's Surface Water Management Plan and the Minnesota Wetland Conservation Act. 5) Section 20-412 of the City Code stipulates that wetland mitigation must comply with Chanhassen City Code and the Minnesota Wetland Conservation Act. Finding: The proposed project is consistent with City Code and the Minnesota Wetland Conservation Act. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Wetland Alteration Permit #06-32 for the construction of an access road and stormwater pond subject to the following conditions: 1. Because the species of spike rush was not identified during the delineation, the dominant spike rush within Wetland B shall be keyed out to ensure that the increased period of inundation will not adversely affect a state -threatened plant species or a significant natural community. 2. The plans shall be revised to show how M-1 will be accessed. The access route shall be stable, shall avoid damage to significant trees (greater than 10" DBH) and shall avoid impacts to natural drainageways and any jurisdictional wetlands that may exist on site that were not delineated by Westwood Professional Services in August 2006. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 7 of 8 3. A planting plan for M-1, including invasive vegetation management techniques, species to be planted, proposed planting rates, and the approach to upland buffer restoration, shall be submitted prior to final City Council approval. 4. The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. S. A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. 6. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 7. A berm is proposed within the existing right-of-way (ROW) for Powers Boulevard. The applicant shall receive approval from Carver County for the proposed normal water level (NWL) in Pond 1 and for the proposed berm. 8. At this time, no development is approved for the "Future Development Area." Any future development and/or requested changes to the land use for this property shall undergo the City's development and land use review process(es). 9. Stormwater calculations were not submitted for Pond 1. When the future development area is developed, the pond shall meet all stormwater requirements in place at that time. 10. The east -west road that will extend from Powers Boulevard shall only serve the future development area identified on the plan and the future lift station. This road shall not extend further east. 11. Future utility installation shall be a lighter line weight than the proposed storm sewer installation that will be done in conjunction with the wetland alteration. 12. The silt fence along Powers Boulevard shall be installed east of the trail at the construction limits. The rock construction entrance shall be at least 75 feet in length. The plans shall be revised to show the City's standard details 3107, 3108, 5300, 5301 and 5302A. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 8 of 8 13. The temporary riser structure shall remain in place until the pond and adjacent areas are stable. 14. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: TyM of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 15. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 16. A building permit shall be obtained for all retaining walls greater than four (4) feet in height. 17. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency (NPDES Phase H Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County) and comply with their conditions of approval." ATTACHMENTS Findings of Fact. 2. Development Review Application. 3. Plans from Westwood Professional Services, dated September 5, 2006. 4. Public Hearing Notice and Affidavit of Mailing. g1plan\2006 planning ca \06-32 tim erhart wap\pc staff reponAm �7-D Z a STAFF REPORT J PROPOSAL: Wetland Alteration Permit for Road Construction LOCATION: Outlot A, Butternut Ridge Addition South of TH 212 and East of Powers Boulevard (NW '% of the NE '/+, Section 26, Township 116N, Range 23 W) APPLICANT: Mr. Tim Erhart 9611 Meadowlark Lane Chanhassen, MN 55317 PRESENT ZONING: A2 — Agricultural Estate District 2020 LAND USE PLAN: Residential Low Density ACREAGE: 114.2 acres DENSITY: n/a SUMMARY OF REQUEST: The applicant is proposing 0.58 acres (25,382 square feet) of wetland impact for the construction of access to the western portion of the applicant's property and stormwater ponding. The applicant is proposing to replace wetland impacts on -site through the construction of 0.83 acres (36,104 square feet) of new wetland, in combination with 0.87 acres (37,921 square feet) of credit through stormwater ponding and upland buffer creation. Notice of this public hearing has been mailed to all property owners within 500 feet, including all property owners on Homestead Lane and Flintlock Trail. 1 l{D/ 5(7kt �s(;4 rtc,,W wAb Got' dons . f}%S�l4s } ne. 4, 4 S Prapvhiy. Location Map Erhart Property Wetland Alteration Permit Planning Case No. 06-32 City of Chanhassen WHIM Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 2 of 8 PROPOSAL SUMMARY The applicant is proposing 0.58 acres (25,382 square feet) of wetland impact for the construction of access to the western portion of the applicant's property and stormwater ponding. The access will also be used for a future City lift station. The applicant is proposing to replace wetland impacts on -site through the construction of 0.83 acres (36,104 square feet) of new wetland, in combination with 0.87 acres (37,921 square feet) of credit through stormwater ponding and upland buffer creation. APPLICABLE REGUATIONS See. 20404. No net loss. To achieve no net loss of wetland, except as provided under section 20-416 of this article, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, burn, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. See. 20-407. Wetland alteration. (a) An applicant for a wetland alteration permit must demonstrate that the activity impacting a wetland has complied with all of the following principles in descending order of priority: (5) Replaces unavoidable impacts to the wetland by restoring or, if wetland restoration opportunities are not reasonably available, creating substitute wetland areas having equal or greater public value as set forth in Minnesota Rules 8420.0530 to 8420.0760. Exceptions to this part are calcareous fens, which are subject to Minnesota Rules 8420.1010 to 8420.1070. Sec. 20-408. Permit required. (a) No person shall drain, excavate in the permanent of semipermanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Draining, grading, excavating, filling, removing of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a wedand alteration permit includes, but is not limited to: (1) Construction of new streets and utilities. (2) Creation of ponds or dams and alterations of the natural drainageways of water courses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland. See. 20-409. Filling. When a wetland alteration permit is issued allowing filling in a wetland, filling must be consistent with the Chanhassen Surface Water Management Plan and the Minnesota Wetland Conservation Act. The filling shall not alter the hydrological patterns in the remainder of the wetland if a portion of the wetland remains unless exempted under section 20-416. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 3 of 8 Sec. 20412. Mitigation. (a) Mitigation intent. Where wetland alteration is approved and mitigation is required pursuant to City Code and Minnesota Rules 8420.0540, mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by Minnesota Rules 8420.0546 to achieve replacement of the wetland function and value. In 2006, the Minnesota Department of Transportation (MnDOT) constructed an extension of %1 Powers Boulevard from Lyman Boulevard to Pioneer Trail in conjunction with the Think Highway 212 project. Future development within the City will necessitate a lift station south of the TH 212 on ramp and north of Pioneer Trail along Powers Boulevard. In addition, the TH 212 project needed to provide access to properties south of TH 212, west and east of the Powers Boulevard extension. Due to Carver County's requirements for separation of access points onto a county road, the curb cut to access to the Erhart property was located adjacent to an existing wetland. The applicant is proposing the construction of a 31-foot wide street to provide access to the western portion of the property, in addition to the future City lift station. WETLANDS Existing Wetlands Two aglurban wetlands exist on -site. They were delineated by Westwood Professional Services in August 2006. Wetland A is a Type 4 wetland located just east of the western property line. It is dominated by reed canary grass and open water. The applicant is proposing 0.58 acres (25,381 square feet) of wetland impact through excavation (9,606 square feet) and filling (15,568 square feet). Wetland B is a Type 2 wetland located approximately 800 feet northeast of Wetland A. It is dominated by spike rush. The applicant is proposing to berm up the southern end of Wetland B to 901.5. This would increase the period of inundation for the wetland and raise the elevation of the wetland boundary to approximately 902.5. At least one species of spike rush is on the list of state threatened plant species. Because the species Oof spike rush was not identified during the delineation, the dominant spike rush within Wetland B should be keyed out to ensure that the increased period of inundation will not adversely affect a state threatened plant species or a significant natural community. Wetland Mitigation The applicant is proposing the creation of 0.83 acres (36,104 square feet) of new wetland by berming the southern end of Wetland B to 901.5. This would increase the period of inundation for Wetland B and raise the elevation of the wetland boundary to approximately 902.5. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 4 of 8 The plans should be revised to show how M-1 will be accessed The access route must be stable, must avoid damage to significant trees (greater than 10" DBH) and must avoid impacts to natural drainageways and any jurisdictional wetlands that may exist on site that were not delineated by Westwood Professional Services in August 2006. The applicant has not submitted a planting plan for M-1. A planting plan, including invasive vegetation management techniques, species to be planted, proposed planting rates, and the approach to upland buffer restoration, should be submitted prior to final City Council approval. The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. ANALYSIS Steep slopes, distance from Pioneer Trail and significant trees to the south of the proposed access prevent the access from being located further to the south. Distance from the on -ramp for TH 212 prevents the access from being located further to the north. Because the spacing between access points is a safety issue, wetland impacts are unavoidable. A berm is proposed within the existing right-of-way (ROW) for Powers Boulevard. The applicant must receive approval from Carver County for the proposed normal water level (NWL) in Pond 1 and for the proposed berm. The plans depict a "Future Development Area" just south of the TH 212 on -ramp. The property is Ocurrently zoned Agricultural Estate District (A-2). The City's 2020 Land Use map shows the property as Residential Low Density. At this time, no development is approved for the "Future Development Area." Any future development and/or requested changes to the land use for this property must undergo the City's development and land use review process(es). Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 5 of 8 Stormwater calculations were not submitted for Pond 1. When the future development area is ^ developed, the pond may need to be modified in order to meet all stormwater requirements in place 06 at that time. The east -west road that will extend from Powers Boulevard will only serve the future development area identified on the plan and the future lift station. This road will not extend further east. Future utility installation should be a lighter line weight than the proposed storm sewer installation that will be done in conjunction with the wetland alteration. The silt fence along Powers Boulevard should be installed east of the trail at the construction limits. The rock construction entrance should be at least 75 feet in length. The plans should be revised to show the City's standard details 3107, 3108, 5300, 5301 and 5302A. The temporary riser structure must remain in place until the pond and adjacent areas are stable. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: TyM of Slone Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. A building permit should be obtained for all retaining walls greater than four (4) feet in height. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency (NPDES Phase 11 Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County) and comply with their conditions of approval. FINDINGS 1) Section 20-404 of the City Code stipulates that there should be no net loss of wetlands. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 6 of 8 Finding: The project proposes wetland replacement at a greater than 2:1 ratio through the creation of wetlands on -site and stormwater ponding and buffer dedication for public value credits therefore there will be no net loss of wetlands. 2) Section 20-407 of the City Code requires an applicant for a wetland alteration permit must demonstrate compliance with the sequencing requirements set forth therein. Finding: The proposed project is compliant with the sequencing requirements. 3) Section 20-408 of the City Code stipulates that no person shall drain, excavate in the permanent of semi -permanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Finding: Upon approval of the wetland alteration permit, the proposed project will be compliant with this requirement. 4) Section 20-409 of the City Code stipulates that wetland fill must be consistent with the Chanhassen Surface Water Management Plan and the Minnesota Wetland Conservation Act. Finding: The proposed project is consistent with the City's Surface Water Management Plan and the Minnesota Wetland Conservation Act. 5) Section 20-412 of the City Code stipulates that wetland mitigation must comply with Chanhassen City Code and the Minnesota Wetland Conservation Act. Finding: The proposed project is consistent with City Code and the Minnesota Wetland Conservation Act. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: `"The Planning Commission recommends approval of Wetland Alteration Permit #06-32 for the construction of an access road and stormwater pond subject to the following conditions: Because the species of spike rush was not identified during the delineation, the dominant spike rush within Wetland B shall be keyed out to ensure that the increased period of inundation will not adversely affect a state -threatened plant species or a significant natural community. 2. The plans shall be revised to show how M-1 will be accessed. The access route shall be stable, shall avoid damage to significant trees (greater than 10" DB13) and shall avoid impacts to natural drainageways and any jurisdictional wetlands that may exist on site that were not delineated by Westwood Professional Services in August 2006. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 7 of 8 3. A planting plan for M-1, including invasive vegetation management techniques, species to be planted, proposed planting rates, and the approach to upland buffer restoration, shall be submitted prior to final City Council approval. 4. The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. 5. A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. 6. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 7. A berm is proposed within the existing right-of-way (ROW) for Powers Boulevard. The applicant shall receive approval from Carver County for the proposed normal water level (NWL) in Pond 1 and for the proposed berm. 8. At this time, no development is approved for the "Future Development Area." Any future development and/or requested changes to the land use for this property shall undergo the City's development and land use review process(es). 9. Stomiwater calculations were not submitted for Pond 1. When the future development area is developed, the pond shall meet all stormwater reguirements in place at that time. 10. a east -west road diet willtrom Powers Boulevard shall onl =vett a lure development area identified on the plan and the future lift tion.��u 11. Future utility installation shall be a lighter line weight than the proposed storm sewer installation that will be done in conjunction with the wetland alteration. 12. The silt fence along Powers Boulevard shall be installed east of the trail at the construction limits. The rock construction entrance shall be at least 75 feet in length. The plans shall be revised to show the City's standard details 3107, 3108, 5300, 5301 and 5302A. Erhart Wetland Alteration Permit Planning Case 06-32 October 3, 2006 Page 8 of 8 13. The temporary riser structure shall remain in place until the pond and adjacent areas are stable. 14. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 15. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 16. A building permit shall be obtained for all retaining walls greater than four (4) feet in height. 17. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County) and comply with their conditions of approval." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Plans from Westwood Professional Services, dated September 5, 2006. 4. Public Hearing Notice and Affidavit of Mailing. 9Aplan\2006 planning cases\06-32 tim ethart w p\pc staff reportAm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NIINNESOTA FINDINGS OF FACT AND DECISION IN RE: The application of Mr. Tim Erhart Planning Case No. 06-32 On October 3, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Mr. Tim Erhart for a wetland alteration permit for the construction of access to the western portion of the applicant's property and stormwater ponding. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak. The Planning Commission has made recommendations to the City Council. The Chanhassen City Council now makes the following: FINDINGS OF FACT 1) The property is currently zoned A2 (Agricultural Estate District). 2) The property is guided by the Land Use Plan for Residential Low Density. 3) The legal description of the property is Outlot A, Butternut Ridge Addition, Carver County, Minnesota. 4) Two aglurban wetlands are proposed to be affected by the proposed project and wetland mitigation plan. 5) The total amount of wetland impact proposed is 0.58 acres (25,382 square feet). 6) Section 20404 of the City Code stipulates that there should be no net loss of wetlands. Finding: The project proposes wetland replacement at a greater than 2:1 ratio through the creation of wetlands on -site and stormwater ponding and buffer dedication for public value credits. Therefore, there will be no net loss of wetlands. 7) Section 20-407 of the City Code requires an applicant for a wetland alteration permit must demonstrate compliance with the sequencing requirements set forth therein. Finding: The proposed project has demonstrated sufficient sequencing. 8) Section 20-408 of the City Code stipulates that no person shall drain, excavate in the permanent of semi -permanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without fast having a wetland replacement plan or other determination approved by the city. Finding: Upon approval of the wetland alteration permit, the proposed project will be compliant with this requirement. 9) Section 20-409 of the City Code stipulates that wetland fill must be consistent with the Chanhassen Surface Water Management Plan and the Minnesota Wetland Conservation Act. Finding: The proposed project is consistent with the City's Surface Water Management Plan and the Minnesota Wetland Conservation Act. 10) Section 20-412 of the City Code stipulates that wetland mitigation must comply with Chanhassen City Code and the Minnesota Wetland Conservation Act. Finding: The proposed project is consistent with City Code and the Minnesota Wetland Conservation Act, 11) The planning report for Planning Case #06-32, dated October 3, 2006, prepared by Lori Haak is incorporated herein. DECISION The Planning Commission recommends the City Council approve the Wetland Alteration Permit for Planning Case #06-32 for the alteration of wetlands for the construction of an access road and stormwater ponding. ADOPTED by the Chanhassen Planning Commission this 3rd day of October, 2006. CHANHASSEN PLANNING COMMISSION M Its Chairman GAPLAM2006 Planning Ca \0632 Tim Erhan WAAErhart findings of Fact.doc Email: Planning Case No. O(O _3 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 CITYCFCHANHASSEN Chanhassen, MN 55317 - (952) 227-1100 RECEIVED DEVELOPMENT REVIEW APPLICATION SEP 0 6 2006 CHANHASSEN %q*W,,S OEpi Address: Owner Name and Address: 3+MC- A-S' &66 f.&AMT Contact: - `f077 Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) X Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 — wai e' (City to install and remove) X Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPR/VACNAR/WAP/Metes & Bounds - $450 Minor SUB Pd —r/5'= TOTALFEE$'4 f•GO An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANN :o PROJECT NAME: t=rhq r - progerf-y LOCATION: EO-S{ oG powC— S &-VD f ^.,,0 A/orf(, 6f AIOS-r� 96 Sf^uF LEGAL DESCRIPTION: NE Ac of TOTAL ACREAGE: ± I; 3- WETLANDS PRESENT: YES NO PRESENT ZONING A 2. — A&r't cu 1+vra.1 E5-k4e D�srly: REQUESTED ZONING: /VPY PRESENT LAND USE DESIGNATION: ��' ��K+•Q �t D CnS� REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: SEE 1--TfA cHej) a0a4-A-TiluG This application must be completed in full and be typewritten or dearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. 1 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will kee myself informed of the deadlines for submission of material and the progress of this application. I further under nd that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any aut rization to proceed with the study. The documents and information I have submitted are true and correct to the best of Signature of Fee Owner Date SCANNED GApLAMtonns\Development Review Applicafion.DOC Rev. 12/05 Narrative Attachment Up until recently, four properties including the property described in this proposal was served by a public road emanating from Pioneer Trail located on approximately the same alignment as new Powers Boulevard. One of the properties included a farm and home site occupied by the Wallace Krause family. The street ran one half mile north from Pioneer Trail and terminated in a cul-de- sac. The farm site was approximately 100 yards north of the cul-de-sac and had as its primary access from there. The road was maintained by the city of Chanhassen. The farm site and home were abandoned in the late 1970's at which time the city ceased maintaining the road. While no gravel was added, since then the culverts and drainage of the road had been in good condition (to where the Laurent and Erhart access was located) up until the construction of new Powers Boulevard. The road continued to be used by Gil Laurent and Bruce Jueressen for farming. Frank Fox, who purchased the Krause farm site, used it as it was the only access to their property. The Erhart's used it as their only commercial suitable access to the western part of his property where they operate one of two tree growing ranges on their property. The Erhart's have no practical alternative access to this growing range other than that from the old road or now what is Powers Boulevard. The construction of Powers Boulevard overlaid and destroyed the existing road and therefore whatever access the road provided to the four land owners. All four owners used the road and considered the right of way a public asset allowing them use of their property. MnDot did ultimately provide a curb cut to the Erhart property when constructing new Powers Boulevard. However, the access is unusable in its present form in that it immediately leads down to a steep bank and into a pond. This proposal would allow the construction of a driveway from the access provided off of Powers Boulevard to the western part of the Erhart Property. This approximate 10 acres of land is separated from the eastern part of the property by a heavily wooded ridge line and large wetland. The acres will allow the continued use of the existing tree growing range. Eventually this access will be used to serve some type of commercial or industrial facility lying directly to the north of the proposed driveway. It will also serve as an access to a future site for a lift station planned for the area immediately to the south of the proposed driveway. The entire area is scheduled for inclusion in 2010 MUSA. SCAMMM _t: CHANHASSEN Welland Data Sq, Peet RECEIVED I , I., -, \,.. \ ! i 1.11 �, SEP 6, 2006 f CHANHASSEN PLANN ING oEPT i legend 9,e) LLLJ ill L w\ .. ...... .... VIA N.To, A Es OOPMTAT N Vt 5E CALL Ile z— 1 2 Erhart we" all Tim Erhart Property 1t.P=Tg` Seeding Plan SCANNED 7 1 WIRWOLIId1 lnu .—It w.aw:l. a sh— .1.1mPr.Nnlbn %N fSK.1MTNl nao-.e.uam lonhl.pl�.ln11-1 Phip.11W wxl]. I. anon plaki 1. o.nW by nth Elan. I470 la.. dlw III Commis:. teed e:r 1 1 3,, In. to I. appchurnm M. Ixx.S we.d alit motay I'D "ISO Ion o At... WhImm.1t 11 man WW*S Couni N.dmal .cabl . n dp I...... 01. M phol W—nOI Ian .it..11.1. .....bW2Nn ma O O approunwhoy a.nbpmNl .W N whored by unpNWu. Wrlan.. Tit. SP . I. Npaba In accwdmco .Ili the NoIMd PalulW l Dwah'. EIMMaIbn 3 inn (xPofx) .puShlan. h..bl[wIIN.p an . Cl.on Walm -at loll. mdl N m the" al of Id avrA9...".a' n. In. o. oval I... nip Inn. SWPP M to N IMn pm. often .adnnla ra n. SWI , al rwmMhnm. A. tanning we WflMed MIN SMPPI: ga.11 NcN . aili r. pawed .11w awellow. Contra m .. Ion worm .mw palufan p...Nnw W,Mg CN lin .m� w IS, Na.NPiprnwliw ulna .lncd`m ed w - inw.IWlbh it mamNNw. waw0um N I. ...I. al I. mhW. of .W '. •.,Wed w a d, .no . N ..oileded I Yperm. an. "me. mlMn II .. I I. W. ErawI pinery. wi I..wwlwx ..1 ally, ,,ul. IN to N bum. by Pm "I'mane 11 m. Ww' .am POWN. bawd 1. 1. n., Wnl gain ..... m me .wm. and ana.raaD•d •soma wd ..Nth to the hor.. Th. apa[[o or Inn. pr time m y .M1.r I. Ian .blI, Nad rI . .—.a,;. An.* mxilpy "d [ .I.,e um I IWopl. Li I..my mv.nAN p. otw. e.M`pm[m. bl nth me. le..[b e the food to o,atie o Pand o a a mivl buldi'ny AdIn* ior"" an[lopmml toMy y to,. won.. A . Iona w m[ hcath .b .r the .1. 1, 1... In. puler„ m . p Ion m[ m.. an nNmaw ... I.. .unmet or In. have. Inhy,..ulw. W.bo to, Erhart PmN,Y ..D DPSOYO ..A2 00 O0 lS inImnl rMe AN 1, I. a— 4e'. W mil wTN time NApi at.. Ttime N.. wlm N. edwI REpe9ED PAo9D[v x.GeS Ponrr IERYMYNI IIXM M1a+O 0..f0 (m11) I.N YA 2R WM/rY 1IX. d54NARCE RAR :mY }j} (Tit) }.II ♦ STORES WATER DgylNpl PRV4ENnM IKrd1E AND DANNO I. Ialo.Mw Id", .olm wed.b. prbvnllN m we `n.n plNoedo M n. at, bop w I. gwnNlp Nlw to wwthin •t.' It INc. Mo.. the pwlmlm of oon to w, You. SO he . nine boo .ripen abnlrqplan .II I,mDmmY ,lo[np 4. wl nth ,il ounce wwnp then, to true - Cm11....wt. oucl pool A-vNi r wlcwcn .1 LOS .nlmne. to ` fl ned - Nt walnliw i. I. N P .Ion of ,Ism .Ned M,w. lit. ralo.b. NNT -IN paWwm w.oNlo. m ..I n the pima and NW Nbuying be wN.mI'dbuyingae`naw.iM: `Ir Pn.I, palling mi to mMinice the depi that My dbfll.. [all 1...Pa.. won. min..— IwI.,.. er ......`a kwWw aw w.o..n. a....... w,Ww M VI... mMimm. er .b.. an al won. hoar NmNino for. Inme Icoom oat nnm wit .un Sid and mubnhw aa...ae .n W dl.lumW mow Wit theIgoeing LISP Mm.N - 9aped pit N Nw kt - I N I Waynegaped Nan 1R1 by kt - Wth. I. co, 9wn I.N. flown 101 - Wob xl WP .. that o nl but . :moan mziln `ton y,W1.1 Nw,i. date [iy,.at"INnmg. w t.Inow .•di:A ... o m 1. fi., ewn coed N.M PI ma Al lI ..I.IA ..1. .1 unit. the ewena..nWt woo Na- . to ... and ,In.. NM Wub' Im .Ion to did Alin whohit..wa b a ah,loo. be Ixab ad Of MNIWatld wa oM SPIN the I .ednnNl. In.l nth ..n Irai ono wdlc M N nom N Iy, sip" .l hied..it n .Ins wank. M"I'Whi cwWunbn S.M. AN wm.l.n ..a .all-o.. Wn.Wy wpact w L S STORMWATER POLWTON PRAENNON .1PIER CCNSTRVCTCN TM falo.lnp .IwT ..far Noll- wnwllbn Twpep All be Mawnnl.a III, em.lwellon by N. Whowlw. - IS di.W9p w.e..dniNt pmmmml IhwWr W& uvlm.. No, be wwl.t. NP Ilia .IWnlealbn. S...p.dmNkn. Ion - _. I..M..l Net Obtalil.n and Nnm m d adman -to 0 Wtln. ml be r.mowd ohm v.gamion I. - Sd4np loan OWN .men ea.M..;nWhA" pine, 7 0 pone. IMYISIIwmo.oI. Nmap.mnl Penn [eon p aNm nab ann ac[pip by the Clly S SWPPP WSPEClathi low. tads a `Nm Idl :, `....Woe o.! N[Iln ma. $11now amend. In. Iwb.N Shop be cwna,lW IWO, awn 5,Wullm - wa I.. 01 Fpm Ilan awo a NWIM mwa o.l ,..It in.aea0n II-.- Ian JI. Ion , Yw. N.NN ana .pmMt.tl- - Shebat Nu an ap,i`l,nn wd pipe Inpwt I.mpwwy.. mo edlm.ntollw ..IN. .1. Inp.el bmmroallw NNwen AN ..imwl NwiNg wlo R«awa I.-..dW ,.Nit IndmaArcaNN. M teals I.—.. My NOM N.nged to Ina SWPPP wow RoW ran and mwlholin, andony ho-.Mn yNw. Inpnll n. .npwt I . put apemen ..itaura and ....N Ion Wimnl. n11N. wd waNrvcnw apn.. D. Ni wldNM...1. be ..W to Sol.. 11 .down awl...b. sup. mahtwmn. rpn. W ,.—.t: - If .Wb.l emir. caneo won a, .Of Imo we NIW to flow. the .Wlmwl, and barb .Minn ion noun of nenlbalbn ono nml emWt th..wrt. of Wm motwhy. n a ted by the NP nual hawbow. a. - II ..'m.l Irwn In..11. I. W.N.a la Oa a.cnmw d Iran wining M al.. M YIDo .N . n011had • .m.da; w - OOW at the dlmlbn al In .. Supnla dr nla. .� Tim Erhart wad INMLY Ion OeW.a W weed Tn. band a Itm.lwu Ne aMmm In. M.pe[IM. a.o .ninp M this SWPPP, m. bans N ➢n fmwE Admitted lb Moue. MDIApud. to be bed t" by In. mitt me mbY nma. ewin PW.mnel n III WalnW Moaner.. and .nbe natl ion ao.. rllU LONPANY NAYC dWMCS WLRfl OIMfR - TI [Nsl (PYl bR-.H]e GVIMACILq ALRPNA IC I AOglldlµ CONTACT WPM Ian NAY( Cd1)ACT NWIHK wu wawa wI.m en-m-}PIE wApusuN NESIMW9 Sl.n aloe. gS}-SJI-SISO e.•�o_ar J� .-r m.m won L} Omar LT'}iY&'�'dLii'iST3 e� hour by z;lPME==n .So I��•pm an _ • .P p mats, T 'dVEAYlu.aN w. In/ava Erhart Property swab NMadve SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF M1NNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on September 21, 2006, 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 Erhart Wetland Alteration Permit — Planning Case No. 06-32 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 day of 2 r— , 2006. otary Public KIM T. MEUESSEN Notary Public -Minnesota My Commission Expires Jan 31. 2010 {CANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 3, 2006 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 for the construction of Proposal: an access to the western portion of the applicants property - Planning Case No. 06-32 Applicant: Tim Erhart Property East of Powers Boulevard, west of Highway 101 and north of Location: West 96th Street 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: at the Meeting: 1. Staff will give an overview of the proposed project. 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.cl.chanhassen.mn.us/serv/plan/06-32.html. If you wish to talk to someone about this project, please contact Lori Haak Questions & by email at Ihaak@ci.chanhassen.mn.us or by phone at 952- Comments: 227-1135. 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 Intedm 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 somethin to be Included In the report, lease contact the PlannIno Staff person named on the notification. Date & Time: Tuesday, October 3, 2006 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 for the construction of Proposal: an access to the western portion of the applicant's property - Planninq Case No. 06-32 Applicant: Tim Erhart Property East of Powers Boulevard, west of Highway 101 and north of Location: West 96 thStreet A location map Is on the reverse tilde 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: at the Meeting: 1, Staff will give an overview of the proposed project. 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/06-32.htmI. If you wish to talk to someone about this project, please contact Lori Haak Questions & by email at Ihaak@ci.chanhassen.mn.us or by phone at 952- Comments: 227-1135. 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 avallable 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 Intedm 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 commerciaVndustrial. • 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 Plannino Stall person named on the notification. mm bier) RGperly ufsclalmer This map is neither a legally recorded map nor a survey 114 is not intended to be used as one. This map is a compilation of records, information ant data located In various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not wanard that the Geographic Information System (GIS) Data used to prepare this map are error tree, and the City does not represent Mat the GIS Data can be used for navigational, traclong or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. 6 errors or discrepancies are found please contact 962-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shell not be liable for any damages, and expressly waives all clans, and agrees to defend, indemnity, and hold hapless the City from any and all claim brought by User, its employees or agents, or Mind parties which area out of the users access or use of data provided. TYnbtw—f wary This map is neither a legally recorded nap nor a survey and is not intended to be used as one. This map is a corn ilation of records, wfammon and daw located in various city, county, some wel federal offices and other sources regarding Me area shown, and is to be used for reference purposes only. The City does not yanant Mat the Geographic Information System (GIS) Data used to prepare this map are error fine, and the City does nth represent that Me GIS Data can lie used for navigational, Vacking or any other purpose requiring exacting measurement of distance or direction or precision in the de"on of geographic feabaes. 6 errors Or discrepancies are found please comes 9U-227-1107_ The preceding disclaimer is provided pursuant to Minnesota Statutes §466.D3, Subd 21 (2000), and Me user of this map acknowledges Mat the City shall not be liable for any damages and expressly vroives all claim, and agrees to defend indemnify, and hold harmless Me City from any and all plains brought by User, its employees or agents, or third parties which was ad of the users access or use of We provided. ANDREW T RIEGERT ARTHUR B JOHNSON BRADLEY C WORM 620 96TH ST W 219 82ND ST W 750 96TH ST W CHANHASSEN, MN 55317-8601 CHASKA, MN 55318-9612 CHANHASSEN, MN 55317-8603 BRIAN J & MICHELLE R O'DONNELL 1151 HOMESTEAD LN CHANHASSEN, MN 55317-8613 CHARLES E & SANDRA R WORM 760 96TH ST W CHANHASSEN, MN 55317-8603 DAVID R & MARY B BLANSKI 9350 GREAT PLAINS BLVD CHANHASSEN, MN 55317-8642 FOX PROPERTIES LP 27990 SMITHTOW N RD EXCELSIOR, MN 55331-7911 GREGORY M FALCONER 720 96TH ST W CHANHASSEN, MN 55317-8603 JAMES L & JANET P BROWNELL 1190 HOMESTEAD LN CHANHASSEN, MN 55317-8612 JEFFREY A & TERRI L FOX 5270 HOWARDS POINT RD EXCELSIOR, MN 55331-8368 JOHNNIE J MEYERING & 1050 HOMESTEAD LN CHANHASSEN, MN 55317-8634 CARL O WATTS & 710 96TH ST W CHANHASSEN, MN 55317-8603 DAMON D & LISA L KANZLER 1161 HOMESTEAD LN CHANHASSEN, MN 55317-8613 DORSEY & DORSEY 1551 LYMAN BLVD CHANHASSEN, MN 55317-9403 G&M LAURENT FAMILY LTD PTRSHP 24760 CEDAR POINT RD NEW PRAGUE, MN 56071-4056 JAMES & ARLENE J CHURCH 611 96TH ST W CHANHASSEN, MN 55317-8602 JAMES M & TERESA A BYRNE 700 96TH ST W CHANHASSEN, MN 55317-8603 JOHN C & JACKIE J DANIELS 1111 HOMESTEAD LN CHANHASSEN, MN 55317-8613 KAREN KAY HENRICKSON 9651 FLINTLOCK TRL CHANHASSEN, MN 55317-8605 CHARLES E & SANDRA R WORM 760 96TH ST W CHANHASSEN, MN 55317-8603 DAVID D & STEPHANIE J VIEAU 901 HOMESTEAD LN CHANHASSEN, MN 55317-8609 DOUGLAS L & PAULA JO STEEN 701 96TH ST W CHANHASSEN, MN 55317-8603 GARY J & MARY LANE BENDZICK 731 96TH ST W CHANHASSEN, MN 55317-8603 JAMES D WILSON EfAL 5730 YANCY AVE NEW GERMANY, MN 55367-9327 JAMES R & SHARON M HEDBERG 750 PIONEER TRL CHANHASSEN, MN 55317-8671 JOHN E & CYNTHIA N HART 951 HOMESTEAD LN CHANHASSEN, MN 55317-8609 KEVIN J & PATRICIA A ELLSWORTH 9601 FLINTLOCK TRL CHANHASSEN, MN 55317-8605 KEVIN L & LORI A BOGENREIF KURT W PAPKE & LORI L LARSON 631 96TH ST W 1131 HOMESTEAD LN 1051 HOMESTEAD LN CHANHASSEN, MN 55317-8602 CHANHASSEN, MN 55317-8613 CHANHASSEN, MN 55317-8611 NDI MINNESOTA LLC PAUL D & CAROL L PAULSON PETER A & JERILYN M SCHWALEN 7615 SMETANA LN SUITE 160 9250 GREAT PLAINS BLVD 1001 HOMESTEAD LN EDEN PRAIRIE, MN 55346-4700 CHANHASSEN, MN 55317-8641 CHANHASSEN, MN 55317-8611 PETER A DIRKS 900 HOMESTEAD LN CHANHASSEN, MN 55317-8608 ROBERT & BETTY WOLD 731 PIONEER TRL CHASKA, MN 55318-1157 ROBERT F ERLER & 9600 FLINTLOCK TRL CHANHASSEN, MN 55317-8605 RONALD L & KOLLEEN M BROWN 9650 FLINTLOCK TRL CHANHASSEN, MN 55317-8605 STEVEN J & SANDRA R KADISAK 810 PIONEER TRL CHANHASSEN, MN 55317-8673 TIMOTHY A & DAWNE M ERHART 775 96TH ST W CHANHASSEN, MN 55317-8603 TIMOTHY J LOW E 601 96TH ST W CHANHASSEN, MN 55317-8602 PETERSON-JACQUES FARM LAND CO 15900 FLYING CLOUD DR EDEN PRAIRIE, MN 55347-4047 ROBERT & CHRISTIN E BOECKER 610 96TH ST W CHANHASSEN, MN 55317-8601 RODNEY G & DIANE S BEUCH 1180 PIONEER TRL CHASKA, MN 55318-1122 STATE OF MINNESOTA - DOT 395 JOHN IRELAND BLVD 631 TRANSPORTATION ST PAUL, MN 55155-1801 THEODORE B & KAREN K HASSE 630 96TH ST W CHANHASSEN, MN 55317-8601 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN, MN 55317-8695 WAYNE O & GAYLE D WENZLAFF 1181 HOMESTEAD LN CHANHASSEN, MN 55317-8613 RICHARD A & BETTY A DERHAAG 711 96TH ST W CHANHASSEN, MN 55317-8603 ROBERT A & ELIZABETH K HAAK 770 PIONEER TRL CHANHASSEN, MN 55317-8671 ROGER A & KIMBERLY A LEE 600 96TH ST W CHANHASSEN, MN 55317-8601 STEPHEN J & COLEEN M WILKER 621 96TH ST W CHANHASSEN, MN 55317-8602 THOMAS J & SHARON L MESCHKE 9701 FLINTLOCK TRL CHANHASSEN, MN 55317-8637 TIMOTHY A & LINDA M BLOUDEK 1171 HOMESTEAD LN CHANHASSEN, MN 55317-8613 WENCES M HORAK ET'AL 9700 FLINTLOCK TRL CHANHASSEN, MN 55317-8637 WESLEY & CAROL DUNSMORE WILLIAM F & MARY E HEINLEIN WILLIAM G & ELIZABETH M AHERN 730 96TH ST W 721 96TH ST W 1191 HOMESTEAD LN CHANHASSEN, MN 55317-8603 CHANHASSEN, MN 55317-8603 CHANHASSEN, MN 55317-8613 Public Hearing Notification Area (500+ feet) Erhart Property Wetland Alteration Permit Planning Case No. 06-32 City of Chanhassen Location Map Erhart Property Wetland Alteration Permit Planning Case No. 06-32 City of Chanhassen Tim Erhart Property Wetland Basin to be Altered NA-&6620-03B (V.2.02 for MS WORD) 10/29/04 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 I. LANDOWNER/APPLICANT CONTACT INFORMATION Name: Mr. Tim Erhart Phone. (952) 368-3434 Fay. (952) 3684877 Complete mailing address: 9611 Meadowlark Lane, Chanhassen, MN 55317, Chanhassen MN 55317 IA. AUTHORIZED AGENT (Only if applicable; an agent is not required) Name: Phone: Complete mailing address: 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): See Table Below (Check all that apply): []Lake ❑River ®Wetland type ❑ 1 ❑ I ❑ 2 ❑ 3 ❑4 ❑ 5 ❑ 6 ❑ 7 ❑ 8 See Table Below Indicate size of entire lake or wetland (check one): See Table Below ® Less than 10 acres (indicate size: ) ❑ 10 to 40 acres ❑ Greater than 40 acres Wetland Proposed Proposed Basin Size Type Wetland Topographic Drainage ID (sq. iL) (9 Type Dominant Vegetation Setting Area 3) 9 IC -di Fill Excay. Fill f_xcay. (3 acres) (Sq. R (sq. fL acres acres A 25.174 4 PEMH Reed canary grass 15,568 9,606 0.36 0.22 Isolated 9.2 B 5,791 1/2 PEMAB Spike rush spp. 207 0 0.005 0 Tributary 3.4 Total 30,965 15,775 9,606 0.36 072 Drainage areas are approximate and were estimated using surveyed two -foot contour data. 3. PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance): Project street address: Fire #: NA City (if applicable): Chanhassen '/: Section: NE % Section: 26 Township #: 116N Range #: 23W County: Carver Lot It: Block: Subdivision: Watershed (name or #) Mississiooi River— Shakopee (#33) 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. See Attached Narrative 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. Attach PROJECT DESCRIPTION sheet. See Attached Narrative Footprint of project: acres or square feet drained, filled or excavated. See Table above 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. See Attached Narrative 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. Available Upon Request Westwood Professional Services, Inc. (952) 937-5150 Page 1 SCANNED Minnesota Local/State/Federal Application Forms for Water/Welland Projects 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. 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. NA Conditional Use Permit P County P Plat Approval P Town/City P Zoning Variance NA SHPO P NPDES P EAW/EIS/AUAR NA State Disposal System Permit NA Groundwater Appropriation Permit P Watershed District Permit NA Hazardous Waste Site NA Feedlot Permit Other: (Enter P if Pending, A if already been approved, D if denied, or NA if not required) 10. I am applying for state and local authorization to conduct the work described in this application. I am familiar with the information contam m this application. To the best of my knowledge and belief, all information in Part I is true, complete, and accurate. I possess the ayhority to undertake the work described, or I am acting as the duly authorized agent of the applicant. 1 \ /_ Signalf&e of applicant (Landowner) ate Signature of agent (if applicable) Date This block must be signed by the person who desires to undertake the proposed activity and has the necessary property rights to do so. If only the Agent has signed, please attach a separate sheet signed by the landowner, giving necessary authoriratim to the Agent. Westwood Professional Services, Inc. (952) 937-5150 Page 2 Minnesota Local/State/Federal Application Forms for WaterNedand Projects APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT (33 CFR 325) OMB APPROVAL NO.0710-003 Expires Dec 31, 21104 The public burden for this collection ofinfomation is estimated to avenge 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 dam needed, and completing and reviewing the collection of infor ation. Send comments regarding this burden estimate or soy other aspect of this collection of information including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Infomation Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 222024302; and to the Office of Management and Budget. Paperwork Reduction Project (0710-W03), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, an person shall be subject to any penalty for failing to comply with a collection ofinformation if it does nat display a currently valid OMB control number. Please DO NOT RETURN your foam in either of these addresses. Completed applications must be submitted to the District engircer havingjurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT: Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water 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 pemdt. Routine uses: This information may be shared with the Department ofJus ice and other Federal, state, and local government agencies. Submission of requested information is voluntary; however, if information is not provided, the permit application cannot be evaluated nor can a permit be issued ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS I. APPLICATION NO. j 2. FIELD OFFICE CODE j 3. DATE RECEIVED j 4. DATE APPLICATION COMPLETED YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS. AM applicants must complete non -shaded items 5 and 26. If an agent is used, also complete items 8 and 11. This optional Federal form is valid for use anfv when included as nart of this entire state anolication Docket. 5. APPLICANT'S NAME Mr. Tim Erhart 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS T APPLICANT'S PHONE NO. 10. AGENT'S PHONE NO. 11. STATEMENT OF AUTHORIZATION (if applicable; complete only if authorising 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 this permit application. APPLICANT'S SIGNATURE: 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 APPROVALSIDENIALS RECEIVED FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION. Westwood Professional Services, Inc. (952) 937-5150 Page 3 Minnesota Local/State/Federal Application Forms for Water/Wetiand Projects 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 work described herein or am acting as the duly authorized agent of the applicant. Signature of applicant Date Signature of agent (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 I I has been filled out and signed. 18 U.S.C. Section 1001 provides that: whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up with any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $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) Westwood Professional Services. Inc. (952) 937-5150 Page 4 Minnesota Local/Stale/Federal Application Forms for Water/Wetland Projects FOR LGU USE ONLY: Determination for Part l: ❑ No WCA Jurisdiction ❑ Exempt: No. _ (per MN Rule 8420.0122) ❑ No Loss: _ (AB,. . .G, per MN Rule 8420.0220) ❑ Replacement required — applicant must complete Part ❑ COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT IS NOT REOUH2ED: Application is (check one): ❑ Approved ❑Approved with conditions (conditions attached) ❑ Denied Comments/Findings: LGUoflicial signature Date Name and Tide For Agricultural and Drainage exemptions (MN Rule 9420.0122 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 LGU official signature Date Westwood Professional Services, Inc. (952) 937-5150 Page 5 Minnesota Local/State/Federal Application Fonns for WaterMetland Projects PART II: REPLACEMENT PLAN SUPPLEMENT For assistance in completing Part 7!, concoct your Local Government Unit or a professional consullant 11. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: 1) Use one new 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 impart" 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 (hies 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 County, Pro ed Proed Watershed Section, Wetland Dominant Vegetation Wetland Impact Name or Township, Type Fill V. Excay. Fill Excay. Basin ID Range (Circ. 39) s . ft. s . acres acres A Mississippi Sec. 26, 4 Reed canary grass 15,568 9,606 0.36 0.22 River- Tl16N, Shakopee R23W (#33) B Mississippi Sec. 26, 1/2 Spikerush Sp. 207 0 0.005 0 River- T116N, Shakopee R23W (#33) Total 15,775 1 9,606 1 0.36 0.22 Existing land use in project area: See Attached Narrative '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 AREAS) IMPACTED FOR EACH WETLAND TYPE ON CHART (indicate acres ❑ or square jeer ®) Type: 1: 207 S.F. 1L: 2: _ 3: 25.174 S.F. 4: _5: _6: _7: _8. _ R._ 12. SPECIAL. CONSIDERATIONS: Are you aware of any special considerations that apply to either the impact site(s) or the replacement sites)? ❑ 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. 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. All wetland imoact areas are within the Shoreland Impact Zone 14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be accomplished (check only one box below and continue as indicated): [IA. Wetland banking only Complete Application for Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LGU, or download a copy from www.bwsr.state.rmt.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 Complete Application for Withdrawal of Wetland Credits Form and include with your application. Copies of this form are 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: 1) type of construction (such as excavated in upland, restored by tile 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 be 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. See Attached Narrative Westwood Professional Services, Inc. (952) 937-5150 Page 6 Minnesota Local/StatelFederal Application Forms for Water/Welland Projects 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. 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 are row 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 line(s) 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 LOU or S WCD office for assistance. Photocopy chartfor more wetland replacements, ifneeded.) DESCRIPTION OF REPLACEMENT WETLANDS New Public Wetland Value Wetland County, Wetland Credits Credits Restored Wetland Basin ID S¢a Watershed Section, a Typo (NWC) (PVC) Topographic General or (Acres) Name or• Township, (C� 39) (Square (Square Setting Location Created? Range Feel) Feet) Below Above 902.5 902.5 M-1 0.83 Mississippi Sec. 26, 2/3 36,104 0 Tributary Surrounding Created River- T116N, Wetland B with Shakopee R23W ditch (#33) berm Pond 1: 0.41 Mississippi Sec. 26, WA 0 17,903 N/A Near Created PVC Credits River - T116N, Weiland A Shakopee R23W (#33) M-1: Upland Buffer 0.46 Mississippi Sec. 26, WA 0 20,018 WA Surrounding Created PVC River - T116N, Welland B Shakopee R23W (#33) Tofals 1.43 36,104 37,921 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 lust 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 Wdal to Include on Plans (Instructions, Page 3) for a detailed description of what should he 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 to produce and maintain wetland characteristics. See Attached Narrative 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 most be notified. The landowner or contractor is responsible for giving this notice by calling "Gopher State One -Call" at 652-454-ON2 (Twin Cities Metro Ares) 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 infannation 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 11 is true, complete and actuate; and I affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank. FOR PROJECTS INVOLVING EITHER PROJECI'SPECH IC REPLACEMENT ONLY OR A COMBINATION OF WETLAND BANKING AND PROJECT -SPECIFIC REPLACEMENT: Part A: The replacement wetland. 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 conservation programs; AND Restored using private funds, other than landowner funds, unless the funds are paid back with interest to the individual or organisation 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 all 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 Wetland Bank. Westwood Professional Services, Inc. (952) 937-5150 Page 7 Minnesota LocaVState/Federal Application Forms for Water/Wetiand Projects 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, I will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s) will be located; and 1 will at the same time submit proof of such recording to the LGU. of my knowledge and belief, all information in Part If is true, complete and accurate; and I affirm all statements in Part A and C, as well as �urance(gjin Part B. agent FOR LGU USE ONLY Replacement plan is (check one): ❑ Approved to ❑Approved with conditions (conditions attached) ❑ Denied LGUofficial signature Date LGU has received evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland: Cowry where recorded Date Document # assigned by recorder LGU official signature Date Westwood Professional Services, Inc. (952) 937-5150 Page 8 Haak, Lori From: Fauske, Alyson Sent: Wednesday, September 20, 2006 8:57 AM To: Haak, Lori Cc: Oehme, Paul Subject: Erhart WAP Lori, Please include the following comments in your report. 1. Carver County must approve the proposed normal water level and berm placement within the Powers Boulevard right of way. 2. The east -west road that will extend from Powers Boulevard will only serve the future development area identified on the plan and the future lift station. This road will not extend further east. 3. Future utility installation should be a lighter lineweight than the proposed storm sewer installation that will be done in conjunction with the wetland alteration. 4. The silt fence along Powers Boulevard should be installed east of the trail at the construction limits. Thanks, Alyson /N.Z OL it '&C_ P�Aje Name and Address of Local Government Unit: Ms. Lori Haak, City of Chanhassen 7700 Market Boulevard, Chanhassen, MN 55317 Name of Applicant: Mr. Tim Erhart Application Number. 060632 Type of Application (check one): ❑ Exemption Decision ❑ No Loss Decision ❑ Wetland Boundary and Type Determination ® Replacement Plan Decision ❑ Banking Plan Decision Date of Application: September 5.2006 Location of Project: NE'/4 of Section 26 T116N R23W '/4 'A '/2 Sec. Twp. Range Summary of Project: Mr. Erhart is proposing the construction of a roadway to provide continued access for tree farming purposes, and for future commercial or office space development. With the construction of Powers Boulevard, access to the property and the commercial tree farm operations has been eliminated (Please see the Project Background and History section of the attached Wetland Permits Application). The proposed project entails 15,775 square feet (0.36 acre) of wetland fill and 9,606 square feet (0.22 acre) of wetland excavation for access to the property from Powers Boulevard, and for stormwater treatment facilities. The project complies with the wetland replacement requirements of the Minnesota Wetland Conservation Act (WCA) and Section 404 of the Federal Clean Water Act. Wetland impacts will be replaced using a combination of New Wetland Credit from an onsite wetland creation area and Public Value Credit (PVC) from onsite stormwater ponding and upland buffer. Overall, the project design provides 74,025 square feet (1.70 acres) of wetland replacement, including 36,104 square feet (0.83 acre) of NWC from onsite created wetland, 17,903 square feet (0.41 acre) of stormwater ponding PVC, and 20,018 square feet (0.46 acre) of upland buffer PVC. You are hereby notified that the above -referenced application was made to the Local Government Unit on the date stated above. A copy of the application is attached. Comments will be accepted on this application until September 22, 2006. A decision on this matter will be made by Chanhassen City Council October 23, 2006. Contact Ms. Lori Haak. City of Chanhassen at (952) 227-1100 for details or changes to decision -making schedule. �II Ill'i/ Water Resources Coordinator Title Member 11, 2006 (revised notice) Date Page 1 of 2 Erhart App Notice 9/16/04 List of Addressees: Landowner Mr. Tim Erhart, 9611 Meadowlark Lane, Chanhassen, MN 55317 David Weetmand Westwood Professional Services 7699 Anagram Drive Eden Prairie, MN 55344 Members of Technical Evaluation Panel Ms. Lori Haak, City of Chanhassen, 7700 Market Boulevard, Chanhassen, MN 55317 Mr. Greg Graczyk, Carver County Soil and Water Conservation District, 219 East Frontage Road, Waconia, MN 55387 Mr. Brad Wozney, Board of Water and Soil Resources, 520 Lafayette Road, Saint Paul, MN 55155 Watershed District or Watershed Management Organization (If Applicable) Mr. Mark Wilson, Riley Purgatory Bluff Creek Watershed District, c/o Barr Engineering Company, 4700 West 77th Street, Minneapolis, MN 55435-4803 Department of Natural Resources Regional Office (select a ro riate office) NW Region: NE Region: Central Region: Southern Region: Regional Director Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. 2115 Birchmont Beach Rd. NE Div. Ecol. Services Div. Ecol. Services Div. Ecol. Services Bemidji, MN 56601 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South Grand Rapids, MN 55744 St. Paul MN 55106 New Ulm, MN 56073 DNR TEP Representative (if different than above) Corp of Engineers Project Manager, Mr. Joe Yanta Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 Individual members of the public who requested a copy (summary only) David M. Weetman Westwood Professional Services 7699 Anagram Drive Eden Prairie, MN 55344-7310 Page 2 of 2 Erhart App Notice 9/16/04 Name and Address of Local Government Unit: Ms. Lori Haak, City of Chanhassen 7700 Market Boulevard, Chanhassen, MN 55317 Name of Applicant: Mr. Tim Erhart Application Number. 060632 Type of Application (check one): ❑ Exemption Decision ❑ No Loss Decision ❑ Wetland Boundary and Type Determination ® Replacement Plan Decision ❑ Banking Plan Decision Date of Application: September 5, 2006 Location of Project: NE r/4 of Section 26 T 116N R23W 1/4 1/4 'h Sec. Twp. Range Summary of Project: Mr. Erhart is proposing the construction of a roadway to provide continued access for tree farming purposes, and for future commercial or office space development. With the construction of Powers Boulevard, access to the property and the commercial tree farm operations has been eliminated (Please see the Project Background and History section of the attached Wetland Permits Application). The proposed project entails 15,775 square feet (0.36 acre) of wetland fill and 9,606 square feet (0.22 acre) of wetland excavation for access to the property from Powers Boulevard, and for stormwater treatment facilities. The project complies with the wetland replacement requirements of the Minnesota Wetland Conservation Act (WCA) and Section 404 of the Federal Clean Water Act. Wetland impacts will be replaced using a combination of New Wetland Credit from an onsite wetland creation area and Public Value Credit (PVC) from onsite stormwater ponding and upland buffer. Overall, the project design provides 74,025 square feet (1.70 acres) of wetland replacement, including 36,104 square feet (0.83 acre) of NWC from onsite created wetland, 17,903 square feet (0.41 acre) of stormwater ponding PVC, and 20,018 square feet (0.46 acre) of upland buffer PVC. You are hereby notified that the above -referenced application was made to the Local Government Unit on the date stated above. A copy of the application is attached. Comments will be accepted on this application until October 2006. A decision on this matter will be made on (Date, time, location of decision meeting) October 2006. Contact Ms. Lori Haak, City of Chanhassen at (952) 227-1100 for details or changes to decision -making schedule. LOCAL GOVER NT UNIT September 6, 2006 gn ure Date Water Resources Coordinator Title Page 1 of 2 SCANNED Erhart App Notice 9/16/04 List of Addressees: Landowner Mr. Tim Erhart, 9611 Meadowlark Lane, Chanhassen, MN 55317 a Members of Technical Evaluation Panel Ms. Lori Haak, City of Chanhassen, 7700 Market Boulevard, Chanhassen, MN 55317 Mr. Greg Graczyk, Carver County Soil and Water Conservation District, 219 East Frontage Road, Waconia, MN 55387 Mr. Brad Wozney, Board of Water and Soil Resources, 520 Lafayette Road, Saint Paul, MN 55155 Watershed District or Watershed Management Organization (If Applicable) Mr. Mark Wilson, Riley Purgatory Bluff Creek Watershed District, c/o Barr Engineering Company, 4700 West 77th Street, Minneapolis, MN 55435-4803 (Not Sure if Mark Needs one or not) Department of Natural Resources Regional Office (select a ro riate office) NW Region: NE Region: Central Region: Southern Region: Regional Director Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. 2115 Birchmont Beach Rd. NE Div. Ecol. Services Div. Ecol. Services f Div. Ecol. Services Bemidji, MN 56601 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 DNR TEP Representative (if different than above) Corp of Engineers Project Manager, Mr. Joe Yanta Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 Individual members of the public who requested a copy (summary only) Page 2 of 2 Erhart App Notice 9/16/04 SCANNED RECEIPT CITY OF CHMNSEN RECEIVED OF 7700 MARKET BLVD. - CHA HASSEN, MN 553177 BOX 147 NO. 78429 PHONE: (952) 227-1100 - DATE c - U(p TOTAL AMOUNT ... CHECK ❑ CASH ❑ DEPUTVTREASURER SCANNED ) -'I` Meuwissen, Kim From: Haak, Lori Sent: Wednesday, September 06, 2006 2:31 PM To: Tim Erhart Subject: RE: Wetland Permit Application: Erhart Property Tim, That is a good point. I spoke with Kate and we agreed your request was reasonable. However, in lieu of the sign, the public hearing notification area will be expanded a little to ensure notice is mailed to all properties on Homestead Lane, Flintlock Trail and West 96'h Street, as well as the other properties within 500 feet of your property boundary. With that, the outstanding fees payable at this time are reduced from $250 to $50. Lori From: Tim Erhart [mailto:terhart@exlar.com] Sent: Wednesday, September 06, 2006 2:14 PM To: Haak, Lori Subject: RE: Wetland Permit Application: Erhart Property Lori, Since Powers Blvd there is now closed for the next two years there will be no passers-by. There is no other public street within a quarter of mile. So can we wave the sign fee? Tim From: Haak, Lori[mailto:lhaak@ci.chanhassen.mn.us] Sent: Wednesday, September 06, 2006 1:51 PM To: Tim Erhart Subject: Wetland Permit Application: Erhart Property Tim, I do not typically process permit applications when they are received so I neglected to collect 2 required fees from you yesterday. As indicated on the application and fee schedule, the total fees required for a wetland alteration permit are: 1. The wetland alteration permit fee ($275); 2. The fee for the sign that is posted on the property by the City to notify passers-by of the proposed project ($200); and 3. The filing fee for the wetland alteration permit ($50). Since you paid the wetland alteration permit fee of $275 yesterday, the outstanding fees total $250. (An additional fee of $3.00 per address within the public hearing notification area will be invoiced to you prior to the public hearing.) am sorry that 1 did not catch this earlier. Please submit payment of the outstanding fees no later than September 8. Again, I apologize for any inconvenience this may cause. Feel free to contact me if you have questions. Regards, Lori Lori Hoak Water Resources Coordinator City of Chanhassen 7700 Market Boulevard P.O. Box 147 SCANNED 9/6/2006 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 Date: September 6, 2006 To: Development Plan Referral Agencies From: Planning Department By: Lori Haak, Water Resources Coordinator Subject: Request for a Wetland Alteration Permit for the construction of an access to the western portion of the applicant's property. Applicant: Tim Erhart. Planning Case: 06-32 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on September 6, 2006. The 60-day review period ends November 5, 2006. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on October 3, 2006 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than September 22, 2006. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or SprintfUnited) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Mmnegasco SCANNED Location Map Erhart Property Wetland Alteration Permit Planning Case No. 06-32 City of Chanhassen 79 re �ry a� �a I r I °h 1 � �n fpn�wp Po/h S Tim Erhart Property Wetland Basin Cu to be Altered m 000 \ate 6h t e Q 3 o� c` LL H me tea La a C u i m 0 SCANNED