1i WET 2002-5 TH 101 Trail:Phone: 952.227.1100
BUilding InsPections
7700 Manet BoUlevard ~ ~OM:) :;'~fi Ha~, Watez
PO Box 147 ~: ~ .
Chanhas~n' MN 55317
Administration :
- :
TO: ; :' :
Highway 101 Trail
November 4, 2002
Page 2
This Wetland Alteration Permit is an after-the-fact permit. It is being brought before the
Planning Commission to ensure that the project is in compliance with all applicable state and
local regulations, including public heating requirements.
There are a total of 4 jurisdictional wetlands either wholly or partially within the project corridor.
Wetland 1 is a Type 3 wetland dominated by cattail and reed canary grass. Wetland 2 is a Type 3
wetland dominated by cattail and blue vervain. Wetland 3 is a Type 3 wetland dominated by
cattail and sedges. Wetland 4 is a Type 4 wetland dominated by open water.
WETLAND IMPACTS
The proposed project proposes fill in two of the four wetland basins along the proposed
alignment. Wetland 1 will receive 470 square feet of fill and Wetland 3 will receive 7,850
square feet of fill, for a total of 8,320 square feet (0.20 acres). No wetlands will be drained as a
part of this project.
The applicant has found total avoidance of wetland impacts to be infeasible since the existing
conditions are dangerous to pedestrians and bicyclists. In addition, routing the trail around
existing wetlands would require easements through private properties. Landowners have
indicated they will not provide easements for the trail.
Wetland replacement is required at a 2 to 1 ratio. The applicant is proposing on-site mitigation at
a ratio of 2.5 to 1 through a combination of new wetland credits and public value credits.
ANALYSIS
Staff has reviewed this plan and has found that it meets the requirements of the Minnesota
Wetland Conservation Act (WCA). The replacement of wetland loss will be provided at a ratio
of 2.5 to 1, which exceeds the requirement of 2 to 1 replacement. The wetland impacts of 0.20
acres will be replaced with the creation of 0.40 acres of new wetland areas adjacent to Wetland 3.
An additional 0.09 acres of wetland credit will be achieved through the creation of upland buffer
areas greater than 16.5 feet in width adjacent to the newly created wetland areas.
The City obtained a permit from the Riley-Purgatory-Bluff Creek Watershed District for the trail
(Attachment 2) and contacted Julie Ekman of the Minnesota Department of Natural Resources,
who indicated that no DNR permit was needed (Attachment 3).
RECOMMENDATION
Staff recommends the Planning Commission adopt the following motion:
"The Planning Commission recommends the City Council approve Wetland Alteration Permit
2002-5 subject to the following conditions:
Highway 101 Trail
November 4, 2002
Page 3
1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420) at a ratio of 2.5:1.
2. Wetland buffer areas shall be preserved unless otherwise approved by the City. Buffers shall be
surveyed and staked in accordance with the City's wetland ordinance.
3. Type IH silt fence shall be provided adjacent to all wetland fill areas, areas to be preserved as
buffer or, if no buffer is to be preserved, at the delineated wetland edge.
4. Any disturbed wetland areas shall be reseeded with MnDOT seed mix 25 A, or a similar seed
mix that is approved for wetland soil conditions."
ATTACHMENTS
,
2.
3.
4.
Map of project area
Riley-Purgatory-Bluff Creek Watershed District Permit, 9/4/02
6/27/02 Letter to T. Burgess from J. Ekman, DNR
Minnesota Local/State/Federal Application Form and reduced plan set
G:XI~NG\LORI\WETLANDS\PERMITS\TH 101 WAP PC.DOC
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Figure 1- Site Location Map
KJOL UC
Highway 101 Site (KES No. 2002-047)
Chanhassen, Minnesota
ENVIRONMENTAL SERVICES COMPANY ~t~N
Scale: I inch ~ 4000 feet
Riley
Purgatory
Bluff Creek
Watershed District
Web Site' http//www, rileypurgatorybluffcreek.org
September 4, 2002
Mr. Joel Rutherford
HTPO
7510 Market Place Drive
Eden Prairie, MN 55344
Legal Adwsor:
701 4th Avenue South, Suite 500
Minneapolis, MN 55415
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
SEP 1 3 Z00Z
ENGINEERING DEPT.
Re'
Permit #2002-34: Trail Construction along T.H. 101 from South Shore Lane to Pleasant
View Road' Chanhassen
Dear Mr. Rutherford:
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 an 8-foot wide bituminous trail along the west side of T.H. 101 from Lakeshore Drive
to Pleasant View Road in Chanhassen.
The trail also proposes to impact approximately 8,o_0 square feet of wetland. Wetland replacement
includes approximately 17,480 square feet of new wetland credits, along with an additional 3,900
squa.re feet of public value credits. The City of Chanhassen is the LGU administering the
requirements of the 1991 Wetland Conservation Act.
The Managers approve of the ~ading and land alteration permit subject to the following conditions:
1. All conditions as outlined in the attached General Provisions are applicable.
2. The District will require written verification from the City of Chanhassen, being the LGU
administering the requirements of the 1991 Wetland Conservation Act, verifying that the
requirements of the' Conservation Act 'have been met.
If you have any questions regarding the conditions of the District's perm/t, please call us at
(952) 832-2600.
----___S~erel7,
B ARR ENGhNEERff4G CO.
Engineers for the District
App.~ved by the Board of Managers
~,~/~_~-/'~..~ll/ --~'f'"~ President
RCO/lal~ / /
c: Paul Haik
Howard Peterson
Matt Saam
::ODMA\PCDOCSXDOCS\236146\ 1
Board of Managers
Howard Peterson Perry Forster Conrad Fiskness Philip Wright Susan Scribner
Permit # 2002-34
Project Name: Trail Construction alonq T.H. 101 from South Shore Lane to Pleasant View
Road' Chanhassen
Approval Date: ~tember 4, 2002
General Provisions
,
.
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.
All areas altered because of construction yet this construction season 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 15, 2002. All areas must ultimately be
restored by July 1, 2003.
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.
.
,
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.
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
District's 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.
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 District's 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.
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 RPB CWD 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.
,
10.
11.
12.
13.
14.
15.
16.
17.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Minnesota Department of Natural Resources
Metro Waters - 120-0 Warner Road, St. Paul, MN 55106-6793
Telephone: (651) 772-7910 Fax: (651) 772-7977
June 27, 2002
CITY OF CHANHASSEN
JUL 0 1 ZOO?.
Teresa Burgess
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 5 5317
F'_NGINEF_.RiNG DEPT,
RE: T.H. 101 Trail Improvement Project
Dear Ms. Burgess:
DN,'R Waters is in receipt of your application for the T.H. 101 Trail Improvement Project. The work
plans included with your application show that the elevation of the proposed trail is above the Lotus
Lake OHW elevation of 896.3 feet, therefore no permit is needed from the DNR.
If you have any questions, please don't hesitate to call me at 651-772-7919.
Sincerely,
-~'/Julie Ekman
Area Hydrologist
C:
Ga.,w, Elftrnan, U.S. Atxny Cops of Engi_n_eers
Robert Obermeyer, Riley-Purgatory-Bluff Creek Watershed District
City of Chanhassen
Jackie Glaser, DNR Conservation Officer
DNR Information: 651~296-6157 · 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929
An Equal Opportunity Employer ~'~'l~l, Printed on Recycled Paper Containing a
'~r'ho Values Diversity Minimum of 20% Post-Consumer Waste
NA-02620-02 (V. 1.01 for MS WORD) 2.16.01
Minnesota Local/state/Federal ApPlication' FormS for water/Wetland ProjectS::: ~-.:;:.~ :: {
· '-, : : : - .: - ' ' :- Z :: 5 :::: ;": :': , -
FOR 7ENTERNAL USE oNLy· : .... "::' : :: !":' :~':i' ::: ' '
. .
Application No. Field Office Code Date Irdtjal. ApPiication Rec=d
PART 1:
BASIC APPLICATION
"See HELP" directs you to important additional information and assistance in Instructions, page 1.
1. APPLICANT CONTACT INFORMATION (See HELP 1):
Name: Teresa Burqess
Complete mailing address: City of Chanhassen
7700 Market Blvd., P.O. Box 147
Chanhassen, Minnesota 55317
Residential Phone: (
Business Phone: (952') 227-1169
Fax (if available).'. (952~ 937-9152
E-mail (if available):
2. PROJECT NAME OR TITLE (if applicable):
T.H. 101 Trail Improvement Proiect
3. NAME OR I.D. # OF WATER BODY(S) IMPACTED**
(if applicable; if kno~70 :
4a. ANY WETLANDS IMPACTED? [~ Yes l--] No
4b. If YES, what type (if bzown; check all that apply):
Ell I-IlL [-'-]2 [~3 [-]4 [---]5 [--]6 [-']7 ['-]8 [--1R [--]unkmown
lA. AUTHORIZED AGENT (See HELP lA.)
(Only if applicable; an agent is required)
Name:
Title:
Mailing address:
Residential Phone: ( )
Business Phone: ( )
Fax (if available): ( )
E-mail (if available):
I hereby authorize
to act on my behalf as an agent in the processing of this
application and to furnish, upon request, supplemental
information in support of this application.
A12plicant Signature Date
4c. if YES, indicate size of entire wetland (check one):
~ Less than 10 acres (indicate size: approx. 5 )
[--] i0 to 40 acres
[--] Greater than 40 acres
5. PROJECT LOCATION** (info~wzation can be found on flroi2erty tar statement, property title or title h~surance):
V., Section: East 1/2 Section: 6 and 7 Township: 116 North Range: 22 West
County: Carver Lot #: Block: Subdivision:
6. ADDITIONAL LOGATION DESGRIPTIONS** (if applicable; ifkno,v~): Parcel ID #/Geocode:
UTM Coordinates: easterly Northerly
Project street address: Alonq West Side of T.H. 101 Fire #:
**For multiple water bodies or locations, attach additional sheets labeled ADDITIONAL tVATER t~ODIES IMPACTED,
ADDITIONAL PROdECT LOCATIO~VS, or ADDITIONAL LOCATION DESCRIPTIONS.
7. HOW TO GET TO THE SITE: Attach a simple site locater map. If needed, include on the map xwitten directions to the site
from a 'known location or landmark. Include highway and street names and numbers. Also provide distances from known
locations and any information that would assist in locating the site. Label the sheet SITE LOCATOR MAP.
8. PURPOSE OF THE PROJECT: What do you propose to do, and why is it needed? Please be brief. (See ItELP 8 before
completing this section.)
Install ADA compliant Trail along the T.H. 101 corridor - Pedestrians and other users currently use existing road
shoulder, which is considered dangerous.
9. PROPOSED TIMELINE: Approximate project start date: .July 2002
Projected end date: June 2003
10, PROJECT DESCRIPTION: Describe in detail what you plan to do and how you plan to do it. This is the ntost important
par! of your application. See HELP 10 before completing this section; see also What To Include on _Plans (Instructions, page
2). If space below is not adequate, attach separate sheet labeled PROJ£CTDESCRJ?TZON.
The project consists of constructing an 8' wide bituminous trail, with 1-foot shoulders on each side, along the existing
T.H. 101 from South Shore Drive to Pleasant View Road in Chanhassen, Minnesota. The trail is being funded partly
from a DNR grant, and therefore must meet ADA (Americans with Disabilities Act) requirements.
Where the trail will be constructed in the wetland areas, unsuitable (organic) soils below the proposed trail will be
removed and replaced with granular borrow and fill to bring the trail up to grade. All excavated material will either be
used elsewhere on the project or hauled away by the contractor. It is expected that all excavation work will be
completed using a backhoe.
Based on the Wetland Delineation Report completed by Kjolhaug Environmental Services Company, the expected
soils encountered will be silty clay loams.
Prior to construction, silt fence will be installed at the construction limits to prevent excavated material and other
sediment from entering the wetland areas that are to be left undisturbed.
11. FOOTPRINT OF IMPACT (if applicable): Indicate total amount (in acres or square feet) of wetland(s) or water body area(s)
to be filled, drained, inundated, or excavated; and/or indicate length of stream or dyer affected (in linear feet).
acres or 8.320 square feet and/or linear feet
12. TYPE AND ESTIMATED AMOUNT OF MATERIAL(S) TO BE PLACED INTO OR EXCAVATED FROMTHE
WETLAND OR WATER BODY if applicable): List each tc'pe of material (such as ,rock, sand, clay, concrete) to be filled or
excavated, and estimate the amount in cubic yards.
~;~ FILLhYG ~] EXCA VA TING
T)pe(s) of material £stimated amount in cubic yards Type(s) of material Estimated amount in cubic yards
Granular Borrow/Fill 1,100 Cubic Yards
13. ESTIMATED PROJECT COST: $1.2 Mill (for determination of DNR fees only, which are based on total project cost)
14. SEQUENCING CONSIDERATIONS: What alternatives to this proposed project have you considered that could have
avoided or minimized impacts to wetlands or water? List at least two alternatives (one of which may be An@ build@ or Ado
nothing0), and explain why you chose to pursue the option described in this application over these alternatives.
(1) No Build: Existing conditions are dangerous for pedestrians and bicyclists to travel from one neighborhood to
another.
(2) Route Trail Around Wetlands, through private property: Residents have indicated they will not provide easements if
the trail is routed through their properties.
15. PORTION OF WORK ALREADY COMPLETED: Is any portion of the work already completed? [--] Yes [~ No. Ifyes,
describe the completed work on a separate sheet of paper labeled I, VORKALREAD¥ COMPLETED. (See HELP 15 before
completing this section.)
16. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands, list
below complete names and mailing addresses of adjacent property owners whose property also adjoins the wetland or water body
where the work is being proposed. (See HELP 16. If necessary, attach a separate sheet labeled ADJOINING PROPERTY
OWNERS.)
Complete name(s) Complete mailing address ('inchtding street address, ciO~, state, zip code)
17. S TATU S O F @TH ER AP PR OVALS: List any other permits, reviews or approvals related to this proposed project that are
either pending or have already been approved or denied. See HELP 17.
If ah'eady ap_pried for
Agency Type of Approval ID Number Date applied for Date aflt2roved Date denied
MNDOT Limited Use Permit Fall 2000 June 2002.
18. ! am applying for state and local authorization to conduct the work descried in this application. I am familiar xvith
the information contained in this application. To the best of my knowledge and belief, all information in Part 1 is true, complete,
and accurate. I possess the authority to undertake the work described, or I am acting as the duly authorized agent of the applicant.
Signature of applicant
Date OR Signature of agent Date
This block must be signed by the person who desires to undertake the proposed activity (the applicant in Section 1) or by the
applicant=s duly authorized agent (if the boxed Section lA has been filled out and signed by the applicant.)
Federal authorization: Generally, in addition to state authorization, projects in wetland or water areas also require Federal
authorization from the Corps of Engineers under Section 404 of the Clean Water Act. To apply to the Corps using this application
package, the applicant/agent must complete the modified one-page Federal Application form on page 4 and mail it to the Corps
(address on Instructions, page 4) with a copy of the state application. Applicants may, if they wish, apply only for Corps
authorization by using the umnodified federal application form that is available from Corps offices or via the internet at
wxvw. mvp.usace.armv, mil.
APPLICATION FOR DEP.-\RTalENT OF TIlE ARSIY PERi",IIT (33 CFR 325) O3IB APPROVAL NO. (RENEWAL PENDING)
The public burden lbr this collection of inlbrmation is estimated to average 10 hours per response, although Ihe majority of applicad(ms should require 5 hours or less. This includes the time
reviewing instructions, searching existing data sources, gathering and nmintaining the data needed, and completing and reviewing the collection of infommtion. Send conunents regarding this
burden estimate or any other aspect of this collection of infommtiork including suggestions tbr reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of
lnforrmtion Operations and Reports. t215 Jefferson Davis Hi0w,,a.v, Suite 1204, Arlington. VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-
0003), Washington, DC 20503. Respondents should be aware that notwitkstanding any other provision of law, no person shall be subject to any penalw for failing to comply with a collection of
infommtion if it does not display a currently valid OMB control number. Please DO NOT RETURN your fom~ to either of ~ese addresses. Con'q21etec~ applications must be submitted to the
District engineer having jurisdiction over the location of the proposed actMty.
PRIVACY ACT STATE:',,IENT: 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 i03. Principal purpose: Infornmtion provided on this fem', will be used in evaluating the application for a peru;it. Routine uses: Th/s infomxation may be shared with
the Department of Justice and off. er Federal, state, and local govemnunt agencies. Subm/ssion of requested information is voluntars'; hov,'ever, if information is not provided, the pem',/t
application cannot be evaluated nor can a peru',it be issued.
ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEFVED 4. DATE APPLICATION COMPLETED
YOU DO NOT NEED TO COMPLETE THE SHADED AREAS.
=- All applicants need to complete non-shaded items 5 and 26. If an agent is to be used, also complete items 8 and 11.
This optional Federal form is valid for use ou/y when included as part of this entire state application packet.
5. APPLICANT=S NAME
City of Chanhassen
8. AUTHQKIZED AGENT=S NA:,IE AND TITLE (an agent is not required)
6. APPLICANT=S ADDRESS 9. AGENT=S ADDRESS
7. APPLICANT=S PHONE NO. 10. AGENT=S PHONE NO.
1 1. STATEMENT OF AUTHORIZATION (!/'applicable; complete only ?authorizing an agenO
I hereby authorize to act on mv behalf as my agent in the processing of this application and to furnish,
upon request, supplement.al information in support of this permit application.
APPL!CANT=S SIGNATURE: DATE:
12. PROJECT NAME OR TITLE (see instructions)
13. NAME OF WATERBOD'F, IF ICNO",5%' (if applicable) 14. PROJECT STREET .ADDRESS (if applicable)
15. LOCATION OF PROJECT
16. OTHER LOCATION DESCRIPTIONS, IF KNO\5,,'N (see instructions)
17. DIRECTIONS TO THE SITE 18. NATLT,.E OF ACTIVITY
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED ·
19. PROJECT PURPOSE 20. REASON(S) FOR DISCHARGE
21. TYPES OF MATERIAL BELNG DISCI-L,~RGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS
22. SURFACE AREA IN .ACRES OF WETLANDS OR OTHER WATERS FILLED
23.1S ANT PORTION OF THE WORK ALPZ!ADY COMPLETE? YES __ NO __ IF '¥'ES, DESCRIBE COMPLETED WORK.
24. ,ADDRESSES OF ,ADJOINING PROPERTY OWNERS,
25. LIST OF OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVTD FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR WORK
DESCRIBED IN THIS ,APPLICATION.
26.Application is hereby made for a permit or permits to authorize the work described in ti'tis application. I certify' that the
infommtion 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.
Si~mture of applicant Date Si~mmre of agent (if an.',') Date
The application must be sig-mcd by the person ',,, ho desires to undertake the proposed activity (applic~t), or it may be signed bva dui5, authorized agent if the statement in
Block 11 has been filled out and si&ned. 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 ',villfully falsifies, conceals, or covers up with an,.' trick, scheme, or disguises a material fact or makes any/:hlse, fictitious or fl-audulent
statements or representations or makes or uses an,,' false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than S 10.000 or imprisoned not more than five >,ears or both.
ENG FOI~*I 4345..Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
·
Minnesota Local/State/Federal Application Forms for Wate'rNVetland PrOjects"
DO YOU NEED TO COMPLETE PART 2? :'" - '
. .
.
Part 2: Replacement Plan Supplement must be completed by anyone xvho needs tO develop a replacement plan'for -
wetland mitigation. If you=re not Sure whether YOur project requires a replacement plani '
Call your LGU or SWCD office for guidance as to whether your project will require completing P:a~r~:.2~ :. If it is ' '. '
determined that your project will require wetland replacement,' ComPlete and'sUbmit P~irt 2 along'wi~t/'Pai~"-.[:: .:.~':?.-.i. ; _-':...
If you prefer, you may ChoSe to Send in Part' 1: °nly. After reViewing"T'3 our'~aPl~iicgti0n,:the rdsPbi~difig fig~ficies will
let yOU knOw if you need to Complete and re~ Part 2;. Cauti°h: if yoUr project Wiil.require wetiand.::reP!ace'rhbnt. :::'."i: ...--
completing and returning both parts immediately is 'a&isable~' Submitting Part 1 m/d part 2 separ~ii4iyi:fither than at the ;
sametime may extend the applicati°nre"ie~V;; process.' '-' ..... " -.: -' '" .' .'-':- · -' -':'" .... .".' 'i'- '"
PART 2'
REPLACEMENT PLAN SUPPLEMENT
Fo/' assistance in completing Part 2, contact your LGU or a professional conszdtant.
19. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: 1)Use one row of boxes for each wetland impact.
2)If your project has more than one wetland impact, reference your overhead view (part of Section 10) to this chart by identifying
and labeling Afirst impact@ and Asecond 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 v,'etland 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 tTpe within that impact area. 5)If you do not have
access to some of the information, call your LGU or SWCD office for assistance. (?hot@copy chart for more impacts, if needed.)
DESCRIPTION OF WETLAND IMPACTS
Wetland Watershed Is site within Wetland type~ Predominant size of area Existing land use in project
impact (as name or 1000 ft of a vegetation in impacted area (check all that apply)
noted on number (if lake or 300 ft impacted (in acres or
overhead known) of a river? wetland area square
view) (YES or NO) feet)
No Type 3 Cattail, reed 470 sq. ft [5~] housing
canary grass F"] commercial
First ....................................................... [-] industrial
impact [~ parks/recreation areas
[~ highways and
..................................................... associated rights-of-way
r--I forested
FI farmsteads/agricultural
· ~-] vacant lands
Yes Type 3 Cattail, Sedge, 7,850 sq. ft. F-] public and semi-public
dogwood, (schools/gov't facilities)
Second ..................... wj IJ o_w_ ........................... [--] airports
impact [--1 extractive {gravel
pits/quarries)
[--] other:
~Ifyou are identifying only one wetland t)l>e 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
t?:'pe within that impact are4a.
TOTALS OF AREA(S) IMPACTED FOR EACH WETLAND TYPE ON CHART (indicate acres [--] or square feet [~)
Type: 1: 1L:~ 2'__ 3:8,320 4:~ 5:~ 6:~ 7: 8' R:~
20. SPECIAL CONSIDERATIONS: Are you aware of any special considerations flint apply to either impact the site(s) or the
replacement of site(s)? [-'] Yes [5~ No (Examples: the presence of endangered species, special fish and wildlife resources,
sensitive surface waters, or waste disposal sites) If YES, list and describe briefly.
21, ARCHEOLOGICAL OR CULTURAL RESOURCE DETERMINATIONS: Are you aware of any archeological or cultural
resource determinations or surveys completed concerning the project or replacement site by the State Historical Society
Preservation Office (SHPO) or others? [-'-] Yes [] No If?s, please explain below or attach a copy of any determinations or
surveys.
22. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be
accomplished (check only one box below and continue as indicated):
[] A. Wetland banking only
· Complete A£plicatio~for lT'Tthdr~m'al oflJ"etlazzd O'edirs Fom~ and include with your application.
Copies of this form are available from your LGU. or download a copy from www.bwsr, state.n'm.us
Sk/p to Section 27, page 8. (You do not need to complete Sections 23-26.)
Project-spe(:ific replacement only
Continue with Section 23 below.
[--] C. A combination of wetland banking and project-specific replacement
· Complete Alvplicatio~for 175'thdrawal ofll"¢tla~d O'cdits 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 23 beloxv.
23. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCTION (Complete this section only if you
marked Box B or Box C in Section 22 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 benc~arks or key features (such as sill, emergency overflow or
structure height); 4) what best management practices will be implemented to prevent erosion 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 DESCRIPTIO~V OF REPLA CEMENT ffZETLAND CO~VSTR UCTION.
24. SURPLUS WETLAND CREDITS: If using project-specific replacement (Box B or Box C in Section 22 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 I["etland Banking Apl2lication directly to )'our LGU. Copies are available from your LGU,
or download a copy from ww~v.bwsr.state.mn.us
.25. 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 than one wetland replacement site, reference your overhead view (.part of Section 26) to
this chart by identifying and labeling Afirst replacement site@ and Asecond replacement site@ on your overhead view. 3) If you are
identifying only one wetland type ~vithin 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 bxestored or created@ for each separate wetland type within that replacement
site. 5) If you do not have access to some of the information, or if you do not knox,,- your replacement ratio, call your LGU or SWCD
office for assistance. (Photocopy chart for more wetland replacements, if needed.)
DESCRIPTION OF REPLACEMENT WI
............ I, vt,.,.iVll..ll i VVF--... I L/'~|'"iL.,/O
Wetland Watershed County Top@- Wetland Type(s) of replacement credits Restored
replacement name or graphic Type2 (in acres orsquare feet) or
site number setting~ created?
(as noted on (if known) New Wetland Public Value Indicate
overhead view) Credits (NWC) Credits (PVC) R or C
First Carver T 3 17,480 sq. ft. , 3,900 sq. ft C
replacement
site
Second
replacement ................................... ~ ......................................
site
I ,
Ttopographm setting types: Indicate S/'or Shoreland; R/'or Kivcrine; F/'or Floodplain; 17,480 sq. ft. 3,900 sq. ft.
FT t'or Flow-throu¢i; T I¢or Tributary; and I for Isolated. TOTAL NWC TOTAL PVC
2Cicular 39 wetland types: lndicatel, IL, 2, 3, 4, 5, 6, 7, 8, R, or U. If you are
identi~'ing only one wetland type within a given wetland impact area, use the Fu-st dotted REQUIRED REPLACEMENT RATIO:
line and leave the others blank. If you have chosen to identify more than one wetland type (If/,v, own) 2:1
within a ~ven wetland i~npact 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 within that impact area.
26. ADDITIONAL INFORMATION REQUIRED FOR PROJECT-SPECIFIC REPLACEMENT (Required Only if you
marked Box B or Box C in Section 22):
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 I[7~at To bzclude on ?lans (Instructions, page 2) 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.
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 o~vner of any utilities involved must be notified. The landowner or contractor is responsible for
giving tiffs notice by calling &Gopher State One-Call@ at 651-454-0002 (Tx,tin Cities Metro Area) or 1-800-252-1166 (all
other locations).
Note 2: For extensive or complex projects supplementary information may be requested at a later date fi.om 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.
27. SIGNED AFFIRMATIONS' Sign and date either Box 27a or Box 27b below. If your project involves replacement by wetland
banking only, sign Box 27a. For all other projects, read Box 27b, check appropriate boxes in Part B, and sign.
27a. For projects involving replacement by wetland banking only:
To the best of my knoxvledge and belief, all information in Part 2 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.
Signature of applicant or agent Date
27b. For projects involving either project-specific replacement only or a combination of wetland banking and
project-specific replacement:
Part A: The replacement wetland (affirm all statements):
Was not previously restored or created under a prior approved replacement plan or permit;
Was not drained or filled under an exemption during the previous i 0 years; .&ND
Was not restored with financial assistance from public conservation pro,ams; MND
Was not restored using private funds, other than those of the landovmer, unless the funds are paid back xvith
interest to the individual or organization that funded the restoration; and the indi``,idual or organization notifies
the local government unit in X'`Titing 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 securi .ty has been provided to
guarantee the successful completion of the wetland replacement.
[--] The wetland losses '`'`,ill be replaced ','ia withdraxval from an account in the State Wetland Bank.
Part C' For projects involving any project-specific replacement: Within 30 days of either receiving approval
of this application or beginning work on the project, I ,,','ill record the Declaration of Restrictions and Covenants on the
deed for the property on which the replacement wetland(s) '`,,'ill be located; and I ,,'`'ill at the same tLme submit proof of
such recording to the LGU.
To the best of rev knowledge and belief., all information in Part 2 is true, complete and accurate; and I affirm all statements in Parts
A and C, as well as checked assurance(s) in Part B.
Signature of aflplicant o;' ogent Date
Description of }Vetland Replacement Construction
1) The wetland replacement construction will be an excavation of upland areas
adjacent to an existing wetland (Wetland #3).
2) The construction will occur next to an existing wetland. No outlet from the
created wetland will be constructed. The existing and proposed ~vetland will be
connected, which will provide the necessary hydrology for the created wetland.
3) The existing wetland boundary is near an elevation of 901. The created wetland
will be excavated to have a bottom of about 899, and a top of 901.
4) Silt fence will be installed at the existing wetland boundary to prevent excavated
material and sediment from going into the existing wetland. The area will be
over-excavated, with excavated soils from other wetland areas (those being filled)
placed at the bottom to help establish similar wetland vegetation. As soon as this
work is completed, the slopes will be seeded with MnDOT Seed Mix 25B, at a
rate of 30 lbs. per acre.
5) The proposed schedule is to start construction this summer with final completion
scheduled for June 2003. :
6) The created wetlands will be monitored to insure vegetation ~owth. If the
seeding completed with the project, along with the expected natural mi~ation of
plant-life from the existing wetland, does not occur by the summer of 2003,
additional seeding will be done in the year 2003.
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Highway 101 Site (KES No. 2002-047)
Chanhassen, Minnesota
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MEMORANDUM
To:
Todd Gerhardt, City Manager
Kate Aanenson, Community Development Director
Teresa Burgess, City Engineer/Public Works Director
Todd Hoffman, Park and Recreation Director
From: Lori Haak, Water Resources Coordinator
Date: October 4, 2002
Re: City Projects Adjacent to or Including Wetlands
BACKGROUND
Tine Minnesota Wetland Conservation Act (MR 8420) and the Chanhassen City
Code regulate activities in and around wetlands. Specific notification procedures,
comment periods and permits are required both by the state and by the City.
Cun'ently, City projects have a spotty record for following the proper procedure
for wetland impacts. The goal is to have all necessary City, state and watershed
district permits prior to construction. This memo establishes a system for
processing projects that may involve wetland impact.
RECOMMENDATIONS
To ensure all City, state and watershed district permits are obtained prior to
construction, the fdllowing steps are recommended:
Wetland delineations should be performed for all wetland basins within 100
feet of City projects. All delineations should be submitted to me ltpon their
completion. This will allow me to ensure that a delineation has been
completed and that it is accurate.
,
Eight copies of the wetland pertnit application and all supporting materials
should be submitted to me. In the past, the City's consultants have
disseminated the applications to commenting agencies. However, the
Minnesota Wetland Conservation Act requires a formal notice of application
be distributed with the application. Submitting all of the materials to me will
ensure all appropriate agencies receive a notice and copy of the application.
3. The applicant should anticipate that wetland pertnitting will take four to six
weeks to complete. Upon submitting the wetland permit application to me, I
will distribute the application to agencies and provide them with an adequate
comment period. A four to six week window will, in most cases, ensure that
. all issues are addressed and all permits have been received.
If you have questions regarding wetland, DNR or watershed district permitting,
please feel free to contact me.
G :~NG\Lori~Memos\\Vetland-Related Projects.doc
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ANHASSEN, MINNESOTA
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CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
NOVEMBER 19, 2002
Chairwoman Blackowiak called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Alison Blackowiak, LuAnn Sidney, Bruce Feik, Craig Claybaugh, Uli
Sacchet, and Rich Slagle
STAFF PRESENT: Kate Aanenson, Community Development Director; Sharmeen A1-Jaff,
Senior Planner; Bob Generous, Senior Planner; Lori Haak, Water Resource Coordinator; Matt
Saam, Assistant City Engineer; and Mak Sweidan, Engineer
PUBLIC PRESENT FOR ALL ITEMS:
Janet Paulsen 7305 Laredo Drive
Debbie Lloyd 7302 Laredo Drive
PUBLIC HEARING:
CONSIDER THE APPLICATION OF THE CITY OF CHANHASSEN REQUESTING A
PERMIT FOR THE FILLING OF 8~320 SQ. FT. (0.2 ACRES) OF WETLAND FOR
TRAIL CONSTRUCTION LOCATED ALONG THE WEST SIDE OF Todd Hoffman:
.101~ NORTH OF HWY. 5.
Public Present:
Name Address
Scott Mitchell
Karen Risch
Debralynn Geary
Char & Rich Borotz (952-294-9818)
Charles R. Klingelhutz
Steve Brachman (952-934-0972)
Mark Per,ns
6517 Gray Fox Curve
6745 West 192nd Avenue
19180 Duck Lake Trail, Eden Prairie
6750 Brule Circle
6570 Chanhassen Road
19180 Duck Lake Trail, Eden Prairie
160 South Shore Court
Lori Haak presented the staff report on this item.
Blackowiak: Thank you. Cormnissioners, any questions of staff? LuAnn, go ahead.
Sidney: One question Madam Chair. Loft, would it be okay if we add a condition or amend
condition 1 to say that replacement shall be at the ratio of 2.5 to 17 I guess I'd like to have some
numbers in the conditions just to restate that.
Haak: Absolute, that would be fine.
Sidney: Okay.
Blackowiak: Uli, question?
Planning Commission Meeting - November 19, 2002
Sacchet: Yeah, two quick questions. First of all, this looks very familiar. I mean this did come
through the Planning Commission as something, didn't it?
Haak: The trail project did. The wetland alteration permit was not a part of it.
Sacchet: Right, the trail did come through. That's basically what we saw before.
Haak: Right.
Sacchet: Now could you, one thing I didn't get out of this report is where actually the
replacement took place.
Haak: Sure. This is the large upland knoll. Let's see if I can get both of these to work at once.
There' s an upland knoll just south of Gray Fox Curve, and actually this is north so it goes like
that. And the wetland mitigation, actually part of the impact occurs along the wetland here on the
west side of 101. And then the mitigation is actually currently being constructed. If you've
noticed, if you've driven 101 north or south recently you may have noticed the excavation that's
occurred around this upland knoll, so in addition to the excavation for the new wetland credit,
there's also buffer proposed which is the difference in shading here, which is the public value
credit that's noted in the report.
Sacchet: Okay.
Blackowiak: Okay, any other questions of staff?
Claybaugh: Yes I have a question. Yes. The monitoring for the re-establishment of the
expanded wetlands or the replacement wetlands, is that part of the MR-84207 Is that under that
Act?
Haak: Yes, it's required under the Conservation Act, correct.
Claybaugh: That's all I have.
Blackowiak: Okay. Steve.
Lillehaug: Why would the city not want to bank these excess credits that are above the 2 to 1
ratio rather than just say it's at a 2.5 to 1 ratio? Is it because it's such an insignificant amount?
Haak: Right, and yeah. It's a little bit extra paperwork for the banking and since we are doing it
after the fact it's kind of, as I see it, it's a good faith increase.
Lillehaug: Okay. And what are or were the increased costs to the city due to any necessary plan
revisions or were there any plan revisions to accommodate this?
Haak: No, no. It was incorporated in the original project but it didn't come forward for the
public hearing process for the wetland alteration permit. Usually we wrap both of those together.
In addition there' s some additional notice requirements that are in place because of the Wetland
Conservation Act so we made sure that those were fulfilled prior to bringing this back to the
Planning Commission.
Lillehaug: Okay.
Planning Commission Meeting - November 19, 2002
Btackowiak: Questions?
Feik: No questions.
Blackowiak: No. I just have one question. Is this consistent with what any private party would
have to do? So what if a private party failed to get a permit? Would they just do the same
process in terms of coming back after the fact to request it?
Haak: Right. If it was a project that was still ongoing, if it was something that was a violation
sort of, if it was a violation situation where they had unintended wetland impacts, then it would
be a 4 to 1 replacement which is punitive.
Blackowiak: Right, which this is not.
Haak: Correct. And this is something that, like I said, it was due to a misunderstanding and so
we're trying to make good with it.
Blackowiak: Okay, well just I just want to make sure that everybody's just being treated fairly
and as long as we're doing what, you know the city's doing what they should do, I'm comfortable
with that. Okay, thank you. This item is open for a public hearing so if anybody would like to
speak on this issue, please come to the n'ficrophone and state your name and address for the
record.
Steve Brachman: Good evening. My name is Steve Brachman and I'm a resident of Eden
Prairie. I live directly across fi'om the marsh and got notice of this recently. We had been talNng
to Teresa Burgess about it just to kind of stay informed of what was going on. I was quite
surprised at the significant amount of fill that was going into the marsh, and I was wondering if
any study had been done on the environmental impacts, the ecological impacts to Lotus Lake
fi'om all of the fill. Because it just seemed to me to be more than is necessary to actually put the
bicycle trail in.
Blackowiak: Lori, would you like to answer that please.
Haak: Certainly. There was no environmental impact statement, study as such necessary for this
project. It is standard procedure to minimize the amount of wetland impact associated with any
project, whether it's a city project or a private development project. So in staff looking at this
it's, I don't believe the amount of wetland impact is extravagant by any means. It is complicated
a little bit by the fact that this is a linear project along an existing highway, so their options for
minimizing or avoiding wetland impact are very limited. We had a place that, it's often the case
also with road expansions or things like that. It's pretty unavoidable impact. You'd like to stay
in the same corridor, both for acquisition reasons as well as just, it actually does minimize impact
over time.
Blackowiak: Okay, thank you.
Steve Brachman: I had one other question. Would there be any attempt to try to restore the
original or the natural settings of the marsh?
Blackowiak: Lori, I'll defer to you again.
Planning Commission Meeting - November 19, 2002
Haak: I'm sorry, I've got a couple things rolling around. Could you repeat your question please?
Steve Brachman: I was wondering if, with all of the fill that's going on, I was wondering what
type of landscaping is going to be done. Is there any attempt to try to restore the natural grasses
that are already growing in the marsh and on the knoll area? There was a lot of very nice natural
grasses that I think probably benefit the whole marsh and the lake and that area so I was just
wondering if there's any plans to restore that or if it's going to be landscaped and other means.
Haak: Sure. The wetland replacement plan does include re-planting of the new wetland areas
with native species as well as a buffer area, which I think will address some of those concerns.
There' s no, we don' t have any long term plans of improving the other wetland area. It' s actually
a mono type of reed canary grass which is an invasive species that's very difficult to control, so
we don't have any long term plans for that, well that I'm aware of and involved in.
Blackowiak: Okay, thank you Lori.
Steve Brachman: Okay, that's all the questions. Thank you very much.
Charles Klingelhutz: Good evening residents. I live at 6570 Chanhassen Road. My name is
Charles Klingelhutz and I was wondering what's going to be happening with this marsh over
there. Is it going to remain a marsh? The wetland area. Is it going to remain wetland or is it
going to be filled in with houses?
Blackowiak: Okay, could we look at the map. I don't know Kate or Lori, who'd like to address
this one. Is there a map that would show kind of where Mr. Klingelhutz lives on that.
Charles Klingelhutz: I live slightly north to the wetland.
Blackowiak: Okay. You know what, if you could help us out, if you see where the map is right
down on the table. If you could kind of point out at all, just for all of us so we can kind of get a
feel for where you are.
Charles Klingelhutz: Okay, I live right about there.
Blackowiak: Okay, thank you.
Charles Klingelhutz: Which is roughly about a block south, block and a half south of Pleasant
View Road on the west side of 101.
Blackowiak: Okay. Okay, thanks. I don't know Lori or Kate, do you want to address, if you
could address his question please.
Haak: There's no plans for changes in the marsh area. There's no, the only change that will
occur to the upland area is a path to the upland area and potentially a bench. That was all
proposed as a part of the 101 trail project. This project does not propose any additional wetland
fill other than what was done with the trail project, and no changes to the wetland aside from the
creation of a mitigation area so basically creating about 16,000 more square feet of wetland.
Charles Klingelhutz: Okay. Number two question is, I noticed the DNR was involved in this too.
I would imagine this is mainly because of the tree taking out because of the bicycle path.
Planning Commission Meeting - November 19, 2002
Haak: No. The letter from the DNR in the staff report was related to DNR water's permitting
which would have come into play if the city was doing any work below the ordinary high water
level of Lotus Lake, which we were not.
Charles Klingelhutz: Okay. Number three question is, why did the City, County and State agree
to put the bicycle path by a busy highway like 101 which is a State Highway?
Aanenson: I'm not going to answer that question at this point because I think that's a decision
that the council made to put the trail in. That's really not pertinent to the discussion we're having
tonight. And I just want to make one other clarification, I was trying to get with Lori is, the part
that's being filled is the upland portion and then there's new wetland being created. So not the
marsh is being filled, it's the upland portion adjacent to the marsh. It's not our intent to fill the
marsh or change the wetland. I just want to make sure that's clear for the record.
Blackowiak: Okay, thank you.
Aanenson: Yeah, but whether the trail that was done by the city engineering department. This
process that we're going through tonight, which there's additional questions on the wetland,
that's what we're here to talk about tonight. The decision of that trail was a separate process. We
can't con~nent on that.
Blackowiak: Okay, thank you.
Charles Klingelhutz: Next question to his point. They took excessive property on the west side
of 101. Are the homeowners or residents along there going to be compensated for it?
Aanenson: Again that's a question for the City Engineer.
Blackowiak: Yeah tonight we're just talking about the Wetland Alteration Permit, and that's any
other questions regarding property specifics would be more the council level than at the Planning
Commission because tonight we're just talking about the Wetland Alteration Permit. Thank you.
Scott Mitchell: Hi, my name is Scott Mitchell. I live at 6517 Gray Fox Curve, just on the other
side of where the, where this is all happening. We have, and you ~know we have the channel, little
part that comes into our back yard and with the filling of this, is that going to affect the water
level that will be my back yard? Because right now that's where the drain tile comes out, right
into my yard so I have a concern. I can walk to where this whole area is and what's being filled,
so we've been just a little concerned after we saw that and then heard that they were filling a
large area. I n'tean what will that do to the water level that's being pushed through this area?
Because I'm right.
Blackowiak: So you're kind of north of where Mi'. Klingelhutz was?
Scott Mitchell: I live on Gray Fox Curve. I can walk across the deer path to where all the, where
that knoll is.
Haak: So you're north of that? Your property lies north of that, of the knoll?
Scott Mitchell: Or south.
Haak: The wetland comes out to here.
Planning Commission Meeting- November 19, 2002
Scott Mitchell: Okay. So where's like Fox Hollow? ...so where are they filling, that was my
question exactly.
Haak: Again, the wetland fill runs south of the knoll. This is actually excavation.
Scott Mitchell: Right, which they're already doing.
Haak: Creation of a new wetland, and actually any fill here, because they're mitigating 2 to 1 at
approximately the same elevation, you would actually be gaining some storage of water in these
areas because it will be more than it is currently.
Scott Mitchell: That was my concern, thank you.
Blackowiak: Okay, thank you.
Dee Geary Brachman: Good evening. My name is Dee Geary Brachman and I'm the wife of
Steve, and we live on 10! and Duck Lake Trail and our view is the marsh. We bought the house
12 years ago because of the view and the sunsets, and I had called Teresa Burgess in October
concerned about the overkill on this development of the bike path. I'm very happy about the bike
path because it's an access for me to get to Chanhassen, but my concern was the knoll. I didn't
understand why they had to put so much fill in there and raise the knoll up. I can see the trapping
of the water. It's already accumulating. I just think it's a detriment to the marsh. And if they
were going to go ahead and put that little bench there, couldn't they have just done it in a
limestone path instead of an asphalt path and make it so harsh? It's really destroyed our view.
It' s not as pleasant as it used to be. I know it' s an aesthetic thing from my point of view, and I
know I'm on the other side of the county and I don't really have too much of a say but I think
what happened is I may have opened the Pandora Box by calling Teresa and asking her, how
come as a neighbor and a community member, why we weren't contacted on the extreme
renovation of this marsh. It's just an opinion and I just wanted to place that this evening.
Blackowiak: Okay, thank you. Lori, I have a question. Now was the knoll actually increased in
size? Did the knoll, the height of the knoll get how much taller?
Haak: I couldn't say. That's another question for engineering.
Blackowiak: For engineering.
Haak: Right.
Blackowiak: But there was some increase in the size of the knoll, correct?
Haak: That's what I'm hearing...
Blackowiak: I'm unclear I guess. I wasn't sure based on what I saw.
Haak: The size of the knoll has very little to do with the wetland and that's what we're here
tonight addressing so, those are the concerns that I'm hearing by and large from the residents are
related to the overall project which I would direct to Teresa.
Blackowiak: Right, and so this is specific to the wetland mitigation, creation.
Planning Commission Meeting - November 19, 2002
Haak: Correct.
Blackowiak: Okay.
Dee Geary Brachman: And then when I did call here, I did ask if an environmental impact
statement had been made on that, because I was under the estimation and I've called every year
because of my concerns, of whether or not that wetland is being protected because that is a
drainage of our property that goes into the take and it's a filtering system, and I feel that that's
been disrupted and that was my concern with my call, and that's kind of interesting why we had
been presented to come to this meeting this evening, because of the fact that we are 500 feet from
that marsh. So I just think it's kind of all kind of flukey and I just want to place my opinion this
evening.
Blackowiak: Okay, thank you. Lori or Kate, environmental impact statement. What is the
requirement in terms of size? I'm assuming that this is just so small that it doesn't even trigger
any type of review, but what would, how big would it have to be?
Aanenson: Typically it's based on square footage or number of dwelling Units. Again, I couldn't
respond to why or why not the decision was made. Again I'll go back to the point that Lori's
trying to make is that we're increasing some of the storage capacity as that water's moving
through Lotus. That's certainly a concern that we have a pre-treatment before it even gets into
the.
Blackowiak: Into the lake.
Aanenson: No, no, the marsh itself. It's getting pre-treated before it's even going into the marsh
and so some of those sediments as it's moving across the road are, and that' s what that increased
pond that Lori was talking about, that they've already, the neighbors have already said is already
holding water so it's actually getting pre-treated before it's going across the marsh which is
filtering it before it goes into the lake. Some of these questions, if people have signed up, we can
try to get some answers back from Teresa on the height of the berm and some of that so. Or Mr.
Klingelhutz' questions too.
Blackowiak: Right. Okay, thank you. So anybody else who'd like to comment on this issue?
Okay seeing no one, I will close the public hearing. Commissioners. Does anyone have
comments? I'm waiting with you Uli. Let's start, anyone down here, any comments?
Claybaugh: No, I don't have any comments.
Lillehaug: Well I do. One quick question would be, is this area where the wetland was mitigated
at, is this, was it previously considered an upland buffer area so we mitigated in a buffer area? Is
that correct?
Haak: I don't think you could consider it a buffer area because there's really nothing to buffer.
Prior to the trail and the bench being out there, there was really no use of this property except, no,
it was passive use if any and so I think that might be giving it a little more credit than what it
really deserves so I think what we're doing is creating wetland in an area that has a really good
chance of being decent wetland. Because it wasn't functioning as a buffer before, and now with
the use there, we'll definitely have a buffer.
Planning Commission Meeting - November 19, 2002
Lillehaug: Okay. And then my comments would be, is there's a grading plan in our packet here
and it shows on that knoll that the existing elevations shouldn't have been disturbed so I guess I
would ask engineering to send in inspectors out there and confirm that there was no fill placed on
that knoll as it wasn't part of the plans here. So if it's in the plans not to be modified, I don't
think we should be impacting it per the plans. And I guess I would support this. I mean it's after
the fact. The wetlands constructed. So I'm generally in support of this.
Blackowiak: Okay. Bruce, any comments?
Feik: I have no concerns with the application.
Blackowiak: Okay, thank you. LuAnn.
Sidney: I guess just one comment. I guess a few of the residents were talking about drainage and
was wondering if engineering could add a little section into the staff report just discussing the
drainage issues, non-issues or whatever. It seems to be important since we potentially could have
an impact on Lotus Lake. Otherwise I don't have any problems with the application.
Blackowiak: Okay, thank you. Uli, any comments?
Sacchet: Yeah, also a brief question. I'm a little confused. I hear the residents talking about a
significant modification of this marsh, of this wetland, and I really want to thank you for that. I
think it's great that you have a concern about wetland and the drainage and all that. The staff
report says it's .2 acres. Point 2 acres, that's about how many square feet?
Haak: 8,000.
Blackowiak: 8,000 roughly.
Sacchet: About 8,000 square feet. That doesn't seem to be that tremendously big an area to fill.
It might look bigger than that, but that's really the whole impact on the wetland is only this .2
acres. And it may look bigger because of the mitigation requires twice as much wetland being
created, and I would conclude, and I'm not an expert at this but I would conclude that this
creation of the twice as much wetland is actually an improvement of the environmental quality of
that place. Plus there is a significant buffer added on that's going to protect the wetland so it has
even a higher quality, higher chance to be a real asset to you and the community. And I do want
to second what you comment Steve that according to the plan there should not have to be any fill
put on that knoll so that's something that we look at. But I have a hard time putting in context
that it sounds from you people that live out there that it's such a tremendous impact, and when I
look at the numbers, it seems like 2/3 or even more than 2/3 of the impact that's being done there
is actually to improve the situation. To make it more precious in terms of the environment so you
seem to disagree with that, but based on the report that's what I hear here, and I think that's a
great thing to support from that angle. If that's not the case, it needs to be verified and that's in
the hands of the staff of course. That's my comment.
Blackowiak: Thank you. Rich, any comments?
Slagle: I have one comment. I'm okay with the request, but I would add onto Commissioner
Sacchet's comments regarding the neighbors and dove tailing earlier with the comment that
Teresa will look into this. Make sure you folks have your name and addresses on that sign-up
Planning Commission Meeting - November 19, 2002
sheet and telephone numbers so staff can get back to you with answers to your questions
regarding fill and so forth.
Blackowiak: Okay, thank you. And I don't have much to add. I believe this is the right thing to
do according to all the rules the city is doing exactly what they need to do, as they would require
of anybody else. I think part of the problem right now is that it's still in the construction phase
and it might look a little more ominous than it really is going to be. I think that once things settle
down and construction is completed, I think it's going to look a lot different and I think that
overall it's going to be a definite improvement to this area. And I think the trail is something
we' ve all. and especially the people that live up there, I' m sure you' ye waited for that for years so
I think that's going to be a nice asset to the community as well. That being said, I would like a
motion please.
Slagle: I'll make a motion. I recommend the Planning Commission recon~nends the City
Council approve Wetland Alteration Permit #2002-5 subject to the following conditions 1
through 4, again with just the recommendation and thank you to staff for getting Teresa's input.
Blackowiak: Okay, there's been a motion. Is there a second?
Sidney' Second, and a friendly amendment, just to add in to condition 1. At a ratio of 2.5 to 1
per the staff report.
Slagle: I'm okay with that.
Blackowiak: Great. Motion and a second.
Slagle moved, Sidney seconded that the Planning Conmfission recommends the City
Council approve Wetland Alteration Permit #2002-5, subject to the following conditions:
Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420) at a ratio of 2.5 to 1.
.
Wetland buffer areas shall be preserved unless otherwise approved by the City. Buffers
shall be surveyed and staked in accordance with the City's wetland ordinance.
.
Type III silt fence shall be provided adjacent to all wetland fill areas, areas to be
preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge.
.
Any disturbed wetland areas shall be reseeded with MnDot Seed Mix 25A, or a similar
seed mix that is approved for wetland soil conditions.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.