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1c. TH 41 Trail Project Wetland Alteration Permit 2011-03Todd Gerhardt April 25, 2011 Page 2 RECOMMENDATION Staff and the Planning Commission recommend approval of the Wetland Alteration Permit #2011 -03 to impact 8,931 square feet of wetland for the purpose of the construction of the proposed trail and underpass; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated received February 22, 2011, subject to conditions on pages 13 -15 of the staff report, and adoption of the Planning Commission's Findings of Fact." ATTACHMENTS 1. Planning Commission staff report dated April 19, 2011. 2. Planning Commission minutes dated April 19, 2011. g: \plan\2011 planning cases \11 -03 th 41 trail & underpass wetland alteration permit \executive summary.doc 4 CITY OF CHANHASSEN PC DATE: April 19, 2011 CC DATE: April 25, 2011 REVIEW DEADLINE: June 21, 2011 CASE #: 11 -3 BY: KS PROPOSED MOTION: The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit #2011 -03 to impact 8,931 square feet of wetland for the purpose of the construction of the proposed trail and underpass; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated received February 22, 2011, subject to conditions within this staff report. And, Adoption of the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: Request for a Wetland Alteration Permit for the construction of a proposed multi -use trail project. LOCATION: Within the right -of -way along Trunk Highway 41 from Longacres Drive to Chaska Road and within portions of Lake Minnewashta Regional Park. APPLICANT: Carver County Parks 11360 Highway 212 West Cologne, MN 55322 Contact: Martin Walsh Phone: 952- 466 -5252 Fax: Email: mwalsh @co.carver.mn.us PRESENT ZONING: Rural Residential, RR, Planned Unit Development - Residential, PUD -R and Single - Family Residential District, RSF 2020 LAND USE PLAN: Parks and Open Space, Single Family Residential, Public /Semi- Public ACREAGE: N/A DENSITY: N/A SUMMARY OF PROPOSAL Request for a Wetland Alteration Permit for the construction of a proposed multi -use trail project. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City has limited discretion in approving or denying a wetland alteration permit, based on whether or not the proposal meets the wetland alteration permit standards outlined in the Zoning Ordinance. If the City finds that TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 2 of 16 all the applicable wetland alteration permit standards are met, the permit must be approved. This is a quasi-judicial decision. APPLICABLE REGUATIONS • Chapter 20, Article IV, Conditional Uses: Wetland Alteration Permits follow the Conditional Use Permit criteria. Chapter 20, Article VI, Wetland Protection PROPOSAL SUMMARY Carver County Parks is requesting a wetland alteration permit for wetland impacts as a result of the proposed TH 41 trail and underpass project. The proposed trail project is to be located along the east side of TH 41, extending from Longacres Drive to Chaska Road and within portions of Lake Minnewashta Regional Park. The project will involve the construction of an underpass and installation of a box culvert at TH 41, immediately north of Ches Mar Drive, in order to provide access into Lake Minnewashta Regional Park. When finished, the trail project will complete a mile -long segment from TH 41 to the beach in the park, and a one - and -a -half mile trail segment along the east side of TH 41, between Chaska Road and Longacres Drive. Additionally, the trail will connect to Minnetonka Middle School West and to area neighborhoods. The project's objective is to provide a link to the region's proposed continuous trail system, which is intended to provide residents and recreationalists access and safe travel between residential areas, employment centers, and schools, as well as access and safe travel to Lake Minnewashta Regional Park. The project will complete key elements and links in the Carver County and City of Chanhassen transportation system that will improve safety and convenience for bicyclists and pedestrians. Construction of the proposed project is scheduled to begin spring of 2011. In order to accommodate the trail construction, the applicant is proposing impacts to five wetlands totaling 12,415 square feet (see wetland location map on the next page). However, staff recommends that the applicant demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 8 (3,049 square feet) cannot be avoided and impact to Wetland 22 (436 square feet) cannot be avoided prior to permitting these impacts. The applicant is proposing to replace the impacted area using wetland bank credits from wetland bank 1048, located in major watershed 19 (South Fork Crow). The replacement wetland is located within the same county as the impacted wetland; therefore, only a 2:1 replacement ratio is required. This is consistent with Chapter 8420.0522., Subp.7. C. of the Wetland Conservation Act (WCA) Rules. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 3 of 16 A% MNTH 7 Dr _ k Orchard" O y Rd � a Sanb p�Q W -20 t 7a,kmg,f T 0- . Proje L ocation Ir W_ Proposed Pedestrian Underpass Lake hta e g*n a k M Sgg s o DER COUNTY �o E w -s A d L v dill St innetonka West Mtddl[ School Propos Retaining ` +a f� V a s Z h'unIet D' c ,; o It r, BACKGROUND A study was conducted by Carver County to identify high- priority pedestrian improvements within their system of parks and trails right -of -way. The Highway 41 underpass ranked very high in this study. On July 9, 2007, the City Council approved a letter of support and a resolution supporting Carver County's application for Federal Transportation Enhancement (TE) funds for the TH 41 bicycle /pedestrian underpass and trails. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 4 of 16 The application was approved to receive a maximum amount of $1,000,000 in federal funds. Lake Minnewashta Regional Park is a desirable destination for local and regional citizens. Accessing the park safely by trail has been a long -term goal for both the City and County. The successful construction of these proposed trails and underpass represents one of the remaining significant pedestrian improvements to be completed within the community. DISCUSSION Construction of the Lake Minnewashta Regional Park and TH 41 trail and underpass will consist of installing a box culvert underneath TH 41 and a 10 -foot wide paved trail terminating at the beach facility located within the park, and a 10 -foot wide paved trail on the east side of TH 41 between Chaska Road and Longacres Drive. These improvements will result in impacts to wetlands described and shown as follows: Wetland 20 (W -20): This wetland is classified as a Preserve wetland under the city's wetland classification system, and a Type 1 (Seasonally flooded basin) according to Fish and Wildlife Service Circular 39. It is located along the shore of Lake Minnewashta, just east of the beach area inside Minnewashta Regional Park. The predominant vegetation in the impacted area is Kentucky Bluegrass (Poa pratensis). The proposed impact to this wetland will be approximately 5,663 square feet. LJKE WIN%EVA•.H - A we - •F Va.4K rNAIL NlRAB� N - No Nm ` e r ,R,AroDMCF ® Moid l " ecb Film 4A Cvvw Canty TH 41 Un*P= end Trot Pf*d C WM Cwyc MW01* I�VRN� Wetland 20 (W -20): This wetland is classified as a Preserve wetland under the city's wetland classification system, and a Type 1 (Seasonally flooded basin) according to Fish and Wildlife Service Circular 39. It is located along the shore of Lake Minnewashta, just east of the beach area inside Minnewashta Regional Park. The predominant vegetation in the impacted area is Kentucky Bluegrass (Poa pratensis). The proposed impact to this wetland will be approximately 5,663 square feet. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 5 of 16 Wetland 22 (W -22): This wetland is classified as a Preserve wetland under the city's wetland classification system, and a Type 2 (Inland fresh meadow) according to Fish and Wildlife Service Circular 39. It is located just south of an inlet of Lake Minnewashta, within Lake Minnewashta Regional Park. The predominant vegetation in the impacted area is Kentucky bluegrass (Poa pratensis). The proposed impact to this wetland will be approximately 436 square feet. - VW o,e moo„ wena►o n AAEAJ M' ft"'O r l YE,LAM IMPOCr 1 I ® VWtlmd Imp�ds Figure 4C Caner Canty TH 41 Underpow and Trd Projed CNM CoueF Mb. �ala Wetland 22 (W -22): This wetland is classified as a Preserve wetland under the city's wetland classification system, and a Type 2 (Inland fresh meadow) according to Fish and Wildlife Service Circular 39. It is located just south of an inlet of Lake Minnewashta, within Lake Minnewashta Regional Park. The predominant vegetation in the impacted area is Kentucky bluegrass (Poa pratensis). The proposed impact to this wetland will be approximately 436 square feet. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 6of16 Wetland 8 (W -8): This wetland has not yet been classified under the city's wetland classification system. It is classified as a Type 2 (Inland fresh meadow) according to Fish and Wildlife Service Circular 39. This wetland is located immediately southwest of the proposed underpass, on the west side of Ches Mar Drive. The predominant vegetation species in the impacted area is Reed canary grass (Phalaris arundinacea). The proposed impact area in this wetland is approximately 3,049 square feet. Wetland 2 (W -2): This wetland has not yet been classified under the city's wetland classification system. It is classified as a Type 1 L (Floodplain forest) according to Fish and Wildlife Service Circular 39. This wetland is located immediately east of the proposed underpass and TH 41. The predominant vegetative species in the impacted area are Green ash (Fraxinus pennsylvanica) and Spreading oval sedge (Carex normalis). The proposed impact area in this wetland is approximately 218 square feet. .� wfnAne ; -`_ o » . lam �• FV%TLAND 27 ame ao�ee LEGOC � p 9 �.cr�.wro va�T MOW Impmu Flpun Q ,..�� Caro► crony TM 41 u nowpew anti Trd PmOa CrW CWft NkWO2 �e Wetland 8 (W -8): This wetland has not yet been classified under the city's wetland classification system. It is classified as a Type 2 (Inland fresh meadow) according to Fish and Wildlife Service Circular 39. This wetland is located immediately southwest of the proposed underpass, on the west side of Ches Mar Drive. The predominant vegetation species in the impacted area is Reed canary grass (Phalaris arundinacea). The proposed impact area in this wetland is approximately 3,049 square feet. Wetland 2 (W -2): This wetland has not yet been classified under the city's wetland classification system. It is classified as a Type 1 L (Floodplain forest) according to Fish and Wildlife Service Circular 39. This wetland is located immediately east of the proposed underpass and TH 41. The predominant vegetative species in the impacted area are Green ash (Fraxinus pennsylvanica) and Spreading oval sedge (Carex normalis). The proposed impact area in this wetland is approximately 218 square feet. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 7 of 16 Wetland 5 (W -5): This wetland is classified as a Manage 2 wetland under the city's wetland classification system. It is classified as a Type 6 (Shrub swamp) according to Fish and Wildlife Service Circular 39. This wetland is located along the west shore of Brenden Pond, between the pond and TH 41. The predominant vegetative species in the impacted area are Reed canary grass (Phalaris arundinacea) and Narrow leaf willow (Salix exigua). ALTERNATIVES The Wetland Conservation Act requires the applicant to list at least two alternatives to the proposed project that would avoid or minimize impacts to wetlands or waters (one of which may be "no build" or "do nothing "). The applicant then must list and explain why the option described in the application was chosen over these alternatives. The following alternatives were presented in the Joint Notification Application submitted by the applicant: No -Build Alternative The No Build Alternative would result in the underpass and trails not being constructed. Without the underpass and trails, plans by the County and the City would not be implemented and the barrier for pedestrians and bicyclists wanting to access to the park would remain. Recreational and active transportation opportunities, including connections to the network of existing City and regional trails as well as safe biking and walking trails, would be lost. cis+ -.sIL i .,.. _ _ - -- - -- i - -- - --- - - ¢ I t IVEILNO 4 .1'} a LBOB�� rennrn 000" WMlmd Imp fs Figure 0 Cuvsr County TH 41 Undapew and Trd Rood cow C ^NYrw- Wetland 5 (W -5): This wetland is classified as a Manage 2 wetland under the city's wetland classification system. It is classified as a Type 6 (Shrub swamp) according to Fish and Wildlife Service Circular 39. This wetland is located along the west shore of Brenden Pond, between the pond and TH 41. The predominant vegetative species in the impacted area are Reed canary grass (Phalaris arundinacea) and Narrow leaf willow (Salix exigua). ALTERNATIVES The Wetland Conservation Act requires the applicant to list at least two alternatives to the proposed project that would avoid or minimize impacts to wetlands or waters (one of which may be "no build" or "do nothing "). The applicant then must list and explain why the option described in the application was chosen over these alternatives. The following alternatives were presented in the Joint Notification Application submitted by the applicant: No -Build Alternative The No Build Alternative would result in the underpass and trails not being constructed. Without the underpass and trails, plans by the County and the City would not be implemented and the barrier for pedestrians and bicyclists wanting to access to the park would remain. Recreational and active transportation opportunities, including connections to the network of existing City and regional trails as well as safe biking and walking trails, would be lost. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 8of16 Reviewed Alternative A trail on the west side of TH 41 was considered based on suggestions received during the June 3, 2010 public open house. The perceived benefits of an alignment to the west of TH 41 included the use of an existing service road and avoidance of impacts to existing vegetation. This option was investigated and dismissed from further consideration because the west side alignment would require two underpasses in locations with steep slopes and the extensive grading needed to install the culverts would cause impacts to utilities and would greatly increase project cost. Impact Minimization The Wetland Conservation Act requires that if avoidance is not an option, the unavoidable impacts are minimized to the greatest extent practicable. Efforts have also been made by the applicant to minimize the proposed wetland impacts through a variety of measures, which included moving the trail alignment, steepening side slopes and use of retaining walls. Specific instances include the following: • Retaining walls were used to reduce impacts to wetlands. • The trail alignment was moved to avoid impacts to additional wetlands. • Trail embankment side slopes were steepened where practicable. • The trail was kept as low as possible on the landscape to avoid additional footprint impacts. Staff does not feel adequate sequencing and justification has been provided by the applicant in regards to both Wetland 8 and Wetland 22, within the submitted Joint Notification Application for Wetland Replacement, dated February 22, 2011 (attached). In regards to Wetland 8, the proposed alignment goes directly through the center of the wetland. It is likely that this alignment will result in impacts beyond the immediate footprint of the trail. Also, alternative alignments were not discussed. These should be reviewed and discussed within the Joint Notification Application. Wetland 22 is in a seep area, bisecting the wetland with a trail and has a strong likelihood of effecting hydrology and resulting in additional secondary impacts downstream. Impacts to this wetland should be avoided either through realignment of the trail or the use of a raised boardwalk. If these alternatives are not possible, a satisfactory explanation should be given. Therefore, staff does not feel the applicant has provided an adequate sequencing argument as required by the Minnesota Wetland Conservation Act, and does not recommend approval of these two impacts. Comments were submitted to the applicant by both City Staff and Technical Evaluation Panel (TEP) members on March 30, 2011 (attached). At the time of this report, a response has not been received but under MN Rules the applicant has until April 15 to respond to comments. Wetland Replacement In order to accommodate the trail construction, the applicant is proposing impacts to five wetlands totaling 12,415 square feet. The applicant is proposing to replace the impacted area using wetland bank credits from wetland bank 1048, located in major watershed 19 (South Fork TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 9 of 16 Crow). The replacement wetland is located within the same county as the impacted wetland; therefore, only a 2:1 replacement ratio is required. This is consistent with Chapter 8420.0522., Subp.7.C. of the Wetland Conservation Act (WCA). OTHER AGENCIES The applicant is responsible for obtaining any permits or approvals from the appropriate regulatory agencies and compliance with their conditions of approval. FINDINGS The Planning Commission shall recommend a wetland alteration permit and the Council shall issue such wetland alteration permit only if it finds that: a. The proposed project will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed wetland impacts that will occur with the TH 41 Trail and Underpass project have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to provide a safe travel route between residential areas, employment centers, and schools, as well as access and safe travel to Lake Minnewashta Regional Park, improving safety and convenience for residents and recreationalists. b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. The proposal is consistent with the objectives of the city's Comprehensive Plan and City Code. It complies with all city, state and federal requirements. The proposed trail is shown in the City's Future Park & Recreation Initiatives map. c. The proposed project will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through a variety of measures, which included moving the trail alignment, steepening side slopes and use of retaining walls. Currently, the proposed project is located within an area that includes single family residential neighborhoods, Lake Minnewashta Regional Park, and Minnetonka Middle School. These neighborhoods and the park contain trails providing recreational opportunities. The proposed project would provide a connection to these existing trails, thus remaining compatible with and enhancing the existing and intended character and appearance of the area. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 10 of 16 d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. The surrounding uses are zoned for single-family residential, public/semi-public, and parks and open space. The wetland impacts proposed as a result of the project are not foreseen to cause hazards or disturbance to existing or planned neighboring uses. The proposed project is considered an enhancement to neighboring uses, including residential neighborhoods, schools, and businesses, by providing a safe pedestrian and non - motorized recreational route between all. e. The proposed project will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Any changes to drainage structures or additional drainage structures needed as a result of the proposed wetland impacts will be designed and constructed by the applicant or the applicant's contracted consultant in compliance with city design standards. Proposed trails within Lake Minnewashta Regional Park will be maintained by Carver County Parks. Proposed trails east of the underpass will be maintained by the City of Chanhassen, and will be designed and constructed according to city standards. f. The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed wetland impacts associated with the TH 41 Trail and Underpass Project will not create excessive need for public facilities and services. The trail project requires some additional services required by the city associated with trail maintenance. The trail west of the box culvert will be maintained by Carver County Parks. The trail east of the box culvert will be maintained by the city. Any maintenance or upkeep to the box culvert will be split 50150. In addition, the proposed trail project is foreseen as an enhancement to economic community welfare, by providing a safe pedestrian and biking access for residents and recreationalists to local businesses. g. The proposed project will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The proposed wetland alterations are not expected to be detrimental to any persons, property or the general welfare. h. The proposed project will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 11 of 16 The proposed wetland impacts will not create nor interfere with traffic and surrounding public thoroughfares. When completed, the proposed trail will separate pedestrian and vehicular traffic which will create a safer atmosphere. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The proposed wetland impacts associated with the project will have no impact on solar access, natural, scenic or historic features of major significance. j. The proposed project will be aesthetically compatible with the area. The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area. In addition, the proposed trail project will complement the area. k. The proposed project will not depreciate surrounding property values. The proposed wetland impacts have been minimized to the greatest extent feasible, while still allowing for the trail project to occur. The proposed trail project will create a safer setting and will be an asset to the surrounding properties. 1. The proposed project will meet standards prescribed for certain uses as provided in the City code. 20 -410 (b) When a permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the ecological and hydrological characteristics of remaining wetland. (2) It shall be located as to minimize the impact on vegetation. Efforts have been made by the applicant to minimize the impact on wetlands and vegetation through a variety of measures, which included moving the trail alignment, steepening side slopes and use of retaining walls. (3) It shall not adversely change water flow. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 12 of 16 The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the hydraulic and hydrological characteristics of remaining wetland. (4) The size of the altered area shall be limited to the minimum required for the proposed action. With the exception of Wetland 8 and Wetland 22, the applicant has made a reasonable effort to limit the proposed wetland impacts to the minimum amount required in order to complete the trail project. If the applicant can demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 8 (3,049 square feet) and impact to Wetland 22 (436 square feet) cannot be avoided, then the additional square feet may be impacted During construction the contractor is required to follow approved plans to limit alterations to the minimum the project necessitates. (5) The disposal of any excess material is prohibited within remaining wetland areas. The applicant and their contractor are prohibited from disposing of excess material within remaining wetland areas as well as any other activities which may negatively impact the remaining wetland areas. (6) The disposal of any excess material shall include proper erosion control and nutrient retention measures. The applicant and their contractor must submit a satisfactory erosion and sediment control plan, and comply with all applicable sections of Chanhassen City Code, the city's Surface Water Management Plan, and the Minnesota Pollution Control Agency. (7) Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. The applicant and their contractor are required to refrain from any wetland altering activity during waterfowl breeding and fish spawning season. (8) Alterations to wetland areas shall be mitigated in accordance with the requirements of this article if the activity results in a loss of wetland area and/or function and value of the wetland. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19,2011 Page 13 of 16 The applicant has submitted a replacement plan as part of the Joint Notification Application for Wetland Replacement which was received on February 22, 2011. The applicant is proposing to replace the impacted area using wetland bank credits. The required replacement ratio is 2:1. This is consistent with Chapter 8420.0522., Subp. 7. C. of the Wetland Conservation Act (WCA) Rules, and City Code, Chapter 20, Article VI. (9) Dedicated buffers in accordance with section 20 -411. The applicant must comply with Minnehaha Creek Watershed District Wetland Protection Rule, effective September 1, 2010 The plan proposes that five wetlands be impacted as part of the project, totaling .285 acres or 12,415 square feet. The applicant is proposing to replace the impacted area using wetland bank credits from wetland bank 1048, located in major watershed 19 (South Fork Crow). The replacement wetland is located within the same county as the impacted wetland, therefore only a 2:1 replacement ratio is required. This is consistent with Chapter 8420.0522., Subp.7. C. of the Wetland Conservation Act (WCA) Rules. The applicant must receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends that City Council approve Wetland Alteration Permit #2011 -03 to impact 8,931 square feet of wetland for the purpose of the construction of the proposed trail and underpass and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated received February 22, 2011, and based upon the included findings of fact and subject to the following conditions: 1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. 2. Wetland buffer areas shall be preserved, maintained, and/or created around all existing wetlands in compliance with Minnehaha Creek Watershed District Wetland Protection Rule, effective September 1, 2010. 3. If the applicant can demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 8 ( 5,662 square feet) cannot be avoided, then the additional square feet may be impacted as described in the supplement to the application dated April 15, 2011 . . - . . - ' ` . - , prepared by SRF. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 14of16 y E ," '' t` vi as M1 w ^ . * .. F a , .. ., g � • *� a ^i of i' Ms)• a � w Yy Y w �T�.� "R � � Y l �3' Aki '0. 4: 6:6, " , v ,ort , 'f b k � '., . ,:t:114,140, fi n. ■ r � : , r s• „w' r . > r d _ - a ' f. i a s " ., .v � -�� s'w: ~ti'9� .r° s "� K = 4 7 F_ 41 747LT1 � � ,' / • ..e t 4 M4* . --,,TS:''*' 1 ' n,' � . 'k�i ro MT v '''',0 war r . , a" � µ , 'rAt , r? i bi ,.. a , A.. . & ., y f , corm 0lfa y1H41 PASIld 4. Impact to Wetland 22 shall be avoided through use of boardwalk or other approved avoidance method. If the applicant can demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 22 (436 square feet) cannot be avoided, then the additional square feet may be impacted as shown in figure 4C below, prepared by SRF. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 15 of 16 5. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and Army Corps of Engineers and comply with their conditions of approval. 6. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. 7. The applicant must obtain, and the city must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. 8. A signed Landowner Statement and Contractor Responsibility form shall be provided to city prior to commencement of activity. METJWD 10 `' WETLAND 11 S ND MYW.T �,f� WETUNDY MD Awcr L FGEM '1'ETUND 3VALT FIQurt 4C a Csrm C stj TH 41 Undepow end Trd Pr*d CWW c=ft Mti..ou 5. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and Army Corps of Engineers and comply with their conditions of approval. 6. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. 7. The applicant must obtain, and the city must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. 8. A signed Landowner Statement and Contractor Responsibility form shall be provided to city prior to commencement of activity. TH41 Trail and Underpass Wetland Alteration Permit Planning Case #2011 -03 April 19, 2011 Page 16 of 16 ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Joint Notification Application for Wetland Replacement. 4. Public Hearing Notice and Affidavit of Mailing List. 5. Letter to SRF Consulting, dated March 30, 2011, RE: Technical Evaluation Panel Comments. gAplan\2011 planning cases \11 -03 th 41 trail & underpass wetland alteration permit\staff reportfof th41trailunderpass _ fmal.docx CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: The application of Carver County Parks for a Wetland Alteration Permit for wetland replacement for proposed impacts to five wetlands totaling 12,415 square feet, as a part of the proposed TH 41 Trail & Underpass project. On April 19, 2011, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carver County Parks for a wetland alteration permit to impact five wetlands. The total area proposed to be impacted is 0.285 acres or 12,415 square feet. However, staff recommends that the applicant demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 8 (3,049 square feet) cannot be avoided and impact to Wetland 22 (436 square feet) cannot be avoided prior to permitting these impacts. The Planning Commission conducted a public hearing on the wetland alteration permit which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: 1. The property is currently zoned Rural Residential, Planned Unit Development - Residential, and Single- Family Residential. 2. The property is guided in the Land Use Plan for Parks and Open Space, Residential Low - Density and Public /Semi - Public. 3. The proposed project is located within the right -of -way along the east side of TH 41 from Longacres Drive to Chaska Road and within Lake Minnewashta Regional Park, from the underpass to the west parking lot and beach area. The TH 41 underpass is located immediately north of the intersection of Ches Mar Drive and TH 41. The proposed completed trail project will connect Minnetonka Middle School with area neighborhoods as well as Lake Minnewashta Regional Park. 4. City code directs that a wetland alteration permit shall not be issued without having been first reviewed by the Planning Commission and approved by the City Council following the review and hearing procedures set forth for conditional use permits and the additional requirement of Minnesota Rules Chapter 8420.0230. Wetland alteration and Conditional Use Criteria: a. The proposed project will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed wetland impacts that will occur with the TH 41 Trail and Underpass project have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to provide a safe travel route between residential areas, employment centers, and schools, as well as access and safe travel to Lake Minnewashta Regional Park, improving safety and convenience for residents and recreationalists. b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. The proposal is consistent with the objectives of the city's Comprehensive Plan and City Code. It complies with all city, state and federal requirements. The proposed trail is shown in the City's Future Park & Recreation Initiatives map. c. The proposed project will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through a variety of measures, which included moving the trail alignment, steepening side slopes and use of retaining walls. Currently, the proposed project is located within an area that includes single family residential neighborhoods, Lake Minnewashta Regional Park, and Minnetonka Middle School. These neighborhoods and the park contain trails providing recreational opportunities. The proposed project would provide a connection to these existing trails, thus remaining compatible with and enhancing the existing and intended character and appearance of the area. d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. The surrounding uses are zoned for single-family residential, public/semi-public, and parks and open space. The wetland impacts proposed as a result of the project are not foreseen to cause hazards or disturbance to existing or planned neighboring uses. The proposed project is considered an enhancement to neighboring uses, including residential neighborhoods, schools, and businesses, by providing a safe pedestrian and non - motorized recreational route between all. e. The proposed project will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Any changes to drainage structures or additional drainage structures needed as a result of the proposed wetland impacts will be designed and constructed by the applicant or the 2 applicant's contracted consultant in compliance with city design standards. Proposed trails within Lake Minnewashta Regional Park will be maintained by Carver County Parks. Proposed trails east of the underpass will be maintained by the City of Chanhassen, and will be designed and constructed according to city standards. f. The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed wetland impacts associated with the TH 41 Trail and Underpass Project will not create excessive need for public facilities and services. The trail project requires some additional services required by the city associated with trail maintenance. The trail west of the box culvert will be maintained by Carver County Parks. The trail east of the box culvert will be maintained by the city. Any maintenance or upkeep to the box culvert will be split 50150. In addition, the proposed trail project is foreseen as an enhancement to economic community welfare, by providing a safe pedestrian and biking access for residents and recreationalists to local businesses. g. The proposed project will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The proposed wetland alterations are not expected to be detrimental to any persons, property or the general welfare. h. The proposed project will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The proposed wetland impacts will not create nor interfere with traffic and surrounding public thoroughfares. When completed, the proposed trail will separate pedestrian and vehicular traffic which will create a safer atmosphere. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The proposed wetland impacts associated with the project will have no impact on solar access, natural, scenic or historic features of major significance. j. The proposed project will be aesthetically compatible with the area. The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area. In addition, the proposed trail project will complement the area. k. The proposed project will not depreciate surrounding property values. The proposed wetland impacts have been minimized to the greatest extent feasible, while still allowing for the trail project to occur. The proposed trail project will create a safer setting and will be an asset to the surrounding properties. 1. The proposed project will meet standards prescribed for certain uses as provided in the City code. 20 -410 (b) When a permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the ecological and hydrological characteristics of remaining wetland. (2) It shall be located as to minimize the impact on vegetation. Efforts have been made by the applicant to minimize the impact on wetlands and vegetation through a variety of measures, which included moving the trail alignment, steepening side slopes and use of retaining walls. (3) It shall not adversely change water flow. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the hydraulic and hydrological characteristics of remaining wetland. (4) The size of the altered area shall be limited to the minimum required for the proposed action. With the exception of Wetland 8 and Wetland 22, the applicant has made a reasonable effort to limit the proposed wetland impacts to the minimum amount required in order to complete the trail project. If the applicant can demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 8 (3,049 square feet) and impact to Wetland 22 (436 square feet) cannot be avoided, then the additional square feet may be impacted During construction the contractor is required to follow approved plans to limit alterations to the minimum the project necessitates. (5) The disposal of any excess material is prohibited within remaining wetland areas. The applicant and their contractor are prohibited from disposing of excess material within remaining wetland areas as well as any 4 other activities which may negatively impact the remaining wetland areas. (6) The disposal of any excess material shall include proper erosion control and nutrient retention measures. The applicant and their contractor must submit a satisfactory erosion and sediment control plan, and comply with all applicable sections of Chanhassen City Code, the city's Surface Water Management Plan, and the Minnesota Pollution Control Agency. (7) Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. The applicant and their contractor are required to refrain from any wetland altering activity during waterfowl breeding and fish spawning season. (8) Alterations to wetland areas shall be mitigated in accordance with the requirements of this article if the activity results in a loss of wetland area and/or function and value of the wetland. The applicant has submitted a replacement plan as part of the Joint Notification Application for Wetland Replacement which was received on February 22, 2011. The applicant is proposing to replace the impacted area using wetland bank credits. The required replacement ratio is 2:1. This is consistent with Chapter 8420.0522., Subp. 7. C. of the Wetland Conservation Act (WCA) Rules, and City Code, Chapter 20, Article VI. (9) Dedicated buffers in accordance with section 20 -411. The applicant must comply with Minnehaha Creek Watershed District Wetland Protection Rule, effective September 1, 2010 5. The planning report #2011 -03, dated April 19, 201 1prepared by Krista Spreiter, et al, is incorporated herein. 5 RECOMMENDATION The Planning Commission recommends that the City Council approve the Wetland Alteration Permit of Planning Case 2011 -03. ADOPTED by the Chanhassen Planning Commission this 19"' day of April, 2011. CHANHASSEN PLANNING COMMISSION I: Its Chairman 2 Mar.18. 2011 8:OOAM Carver County Public Works No. 8154 P. 2 11- Planning Case No. CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 -- (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address: Carver County)? 11360 High-way 212 West Colo a MN 55322 Contact: Martin Walsh Phone: 952-466-6252 Fax Email: mwalsh co. carver.mn_us REC1 MAR 1 7 2011 C"0FCHk Property Owners Name and Address Ci!y Address- City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen, MN 55317 Krista SSpreiter: 952 - 2271173 Carver Count Parks 11360 Highway 212 'W'est Cologne MN 55322 Martin Walsh: 952 -466 -5252_ Minnesota Department of Trans ortation 395 John Ireland Blr► St. PauL MIS 55155 -1899 NOTE Consultation with City staff is required prior to submit(al, 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)k Subdivision* Temporary Sales Permit Vacation of Right -of -Way /Easements (VAC) (Additional recording fees may apply) Variance (VAR) X Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees /Attorney Cost** - $50 CUP /SPR/VACNARM/AP /Metes & Bounds - $450 Minor SUB TOTAL FEE $ 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. "Five (5) full -size folded copies of the plans must be submitted, including an 8 X 11" reduced copy for each plan sheet along with a digital cony 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. Mar.18 2011 8:OOAM Carver County Public Works No-8154 P. 3 PROJECT NAME Wetland Alteration Peimit for proposed T.H. 41 Trail &'Underpass Project. LOCATION: Within Right-of-Way along T H 41 from Longacres Drive to MN T.H. 7 and within portions of Lake Minnewashta Park. LEGAL DESCRIPTION AND PID: See Attached TOTALACREAGE: WETLANDS PRESENT: X YES NO PRESENT ZONING: Rural Residential, Planned Unit Development Residential, Single Family Residential District REQUESTED ZONING: Same PRESENT LAND USE DESIGNATION: Parks and Open Saace. Single Family Residential, Public Semi Public REQUESTED LAND USE DESIGNATION: Same REASON FOR REQUEST: Construction of the Trail will imoact wetlands. FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: 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 Tltie or purchase agreement), or I am the authorized person " to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. ZI/64 4 L l _ 3-1 Signature of Applicant Date /-Y-Z Y-1 L/. �' 1 J4 e< - - - 1 3 -- /!6 Signore of Fed Owner t � � Date gAplan\2011 planning cases \11 th 41 bail & underpass wetiaiid alteration permitldevelopment review spplication.docx NA- 026620 -03B (V.2.02 for MS WORD) 9/17/2007 Minnesota Local /State /Federal Application Forms for Water/Wetland Projects USE THIS APPLICATION FOR ANY PROJECT AFFECTING A LAKE, RIVER, STREAM OR WETLAND, INCLUDING: Local Government Unit Approval Pursuant to Minnesota Wetlands Conservation Act (WCA) Minnesota Department of Natural Resources (DNR) Permit to Work in Public Waters Department of the Army Permit (33 CFR 325) Note: The U.S. Army Corps of Engineers (COE) will forward application forms to the Minnesota Pollution Control Agency (MPCA) for processing if state water quality certification is required from the MPCA. You do not need to send this application to the MPCA. This application packet includes : Part L• The BASIC APPLICATION and the COE APPLICATION to be filled out by all applicants (see Instructions). PART IL• The REPLACEMENT PLAN SUPPLEMENT to be completed only for projects that impact wetlands and require a replacement plan for wetland mitigation. If you're not sure whether your project requires a replacement plan, call your Local Government Unit (LGU) or Soil and Water Conservation District (SWCD) office for guidance. Do not proceed with your project until you have received all required approvals from your LGU, the DNR and the COE. If you wish to confirm the status of your application at any time, contact the agencies directly (see Instructions, page 2). Proceeding with work before all required authorizations are obtained may result in fines or other penalties, and may include a requirement to restore the project site to original condition. If you have questions or need assistance with filling out these forms, contact your local SWCD office, your LGU, your Area DNR Waters office, or your COE field office (see Instructions, page 2). If you believe that your project may be subject to watershed district, local zoning, or any other local regulations besides those of your LGU, contact those office(s) directly. If you are a Federal Farm Program participant and your project affects a wetland or water body on agricultural land, your eligibility for USDA benefits may be affected. Contact a Natural Resources Conservation Service office for further information. A QUICK LOOK AT THE PROJECT APPLICATION PROCESS Electronic Files: Forms can be downloaded and filled out using Microsoft Word. Your input will be restricted to fill -in fields where users can enter text or check boxes. These areas appear gray on the screen, but not on the printed document. Send copies of these completed application forms to your LGU, your Area DNR Waters office, and your COE regulatory office. Any of the agencies may make initial contact with you to: a) inform you that it has no jurisdiction over your project; b) request additional information needed; or c) inform you of applicable fees. When your application is considered complete and appropriate fees have been received (if requested) it will be distributed for appropriate review. Following agencies' reviews, you will be informed if it has been approved, approved with changes or conditions, withdrawn, or denied. For information about state laws, rules and regulations that direct this process go to the web site www.revisor.leg.state.mn.us. For information on U.S. Army Corps of Engineers regulations go to the web site www.mvp.usace.anny.mil. Instructions for Part I HELP 1: Every applicant must fill out Section 1. The applicant is the person, agency, company, corporation, or other organization that owns, leases, or holds other legal rights to the land where the project is located. Indicate names of multiple applicants on a separate sheet. HELP IA: Fill out Section lA only if you have designated an authorized agent. An authorized agent may be an attorney, builder, consultant, contractor, engineer, or any other person or organization designated by the applicant to represent him/her in this process. An agent is not required. HELP 5: Purpose, description and dimensions of project: State briefly (in a sentence or two) what you propose to do and why it is needed. Also, describe whether your project will involve any of the following: Construction of structures, filling, draining, dewatering, removing, excavating or repair. Construction of an access path, bridge, culvert, dam, ditch, dock, driveway, riprap, road, sand blanket, shore protection, or tile line. Construction of any structures on fill, piles or a float - supported platform. If so, describe. Dredging or discharging (placing fill material) into a wetland or other water body (including the temporary placement of material). If so, explain the specific purpose of the placement of the material (such as erosion control) and indicate how it will be done (such as with a backhoe or dragline). If dredged material is to be discharged on an upland site, identify the location of the site. Minnesota Local/State /Federal Application Forms for Water /Wetland Projects Instructions, Page 1 Include an overhead view drawing showing the work to be undertaken and its relative location on the property. Show items such as property boundaries or lot dimensions; location and extent of shoreline, wetlands and water; location and dimensions and footprint of the proposed project, structure or activity (include length, width, elevation and other measurements as appropriate); points of reference such as existing homes, structures, docks or landscape features; indication of north; and location of spoil and disposal sites (if applicable). Hand drawn, computer generated or professionally prepared drawings are acceptable, as long as they contain all necessary information clearly, accurately, and in adequate detail. Please include specific dimensions whenever possible. You may also include photos, if you wish. Paper copies should be limited to maximum dimensions of 11" by 17 ". Computer files should be viewable in a PDF format, contact the agency for other usable formats. HELP 7: For information regarding adjacent landowners, contact the tax assessor where the project is to be developed. HELP 8: If any part of the work has already been completed, describe the area already developed. Include a description of structures completed; any dredged or fill material already discharged (including type of material and volume in cubic yards), acres or square feet filled (if a wetland or other water body); and whether the work was done under an existing permit (if so identify the authorization, if possible). HELP 9: Other permits, reviews or approval related to the project may include the following: conditional use permit; plat approval, zoning variance; National Pollutant Discharge Elimination System permit; state disposal system permit (includes dredged material disposal), watershed district/watershed management organization permit (stormwater, erosion, floodplain); environmental assessment worksheet /environmental impact statement, hazardous waste site; feedlot permit; groundwater appropriation permit, or county /township driveway /road permit. Are you aware of any archeological or cultural resource determinations or surveys completed concerning the project or replacement site by the State Historic Preservation Office (SHPO) or others? If yes, please explain on a separate sheet or attach a copy of any determinations or surveys. Final Checklists (Part I) ❑ Have you completed all of Part I (Page 1), plus the Federal application (Page 2)? ❑ Did you (and your agent, if applicable) sign Section 10 on page 1? ❑ Have you signed the Application for the Department of the Army Permit (Page 2) to seek Federal authorization of your project? ❑ Have you included the necessary attachments for Part I? Attachments must include: ❑ Site Locator Map (Section 3) ❑ Type of Project (Section 4) (if additional space was needed) ❑ Overhead View of Project (Section 5 and HELP 5) ❑ Project Purpose, Description and Dimensions (Section 5) (if additional space was needed) Attachments may also include: ❑ Applicant Contact Information (HELP 1) (if additional space was needed) ❑ Project Location (Section 3) (if additional space was needed) ❑ Project Alternatives (Section 6) (if additional space was needed) ❑ Photographs ❑ Adjoining Property Owners (Section 7) (if additional space was needed) ❑ Work Already Completed Section (Section 8) (if you answered YES) ❑ State Historic Preservation Office determination or survey Submitting Your Application Make three copies of the entire application and all attachments. Keep the original, and mail a complete copy of your application to each of the local, state, and Federal entities listed below. Be sure to include Part I and all attachments with each application. LOCAL: Send to the appropriate Local Government Unit (LGU). If necessary, contact your county Soil and Water Conservation District (SWCD) office or visit the Board of Water and Soil Resources (BWSR) web site (www.bwsr.state.mn.us) to determine the appropriate LGU. STATE: Send to your Area DNR Waters office, attention Area Hydrologist. If necessary, contact your county Soil and Water Conservation District (SWCD) office or visit the DNR website (www.dnr. state. mn.us) to locate the Area Hydrologist for your location, or contact a Regional DNR office: NW Region: NE Region: Central Region: Southern Region: 2115 Birchmont Beach Road N.E. 1201 East Highway 2 1200 Warner Road 261 Highway 15 South Bemidji, MN 56601 Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 Phone: 218 - 755 -3973 Phone: 218 - 327 -4416 Phone: 651- 772 -7910 Phone: 507 359 -6053 FEDERAL: Send to the appropriate U.S. Army Corps of Engineers regulatory field office Brainerd: St. Paul: La Crescent: Two Harbors: U.S. COE, Regulatory Branch U.S. COE, Regulatory Branch U.S. COE, Regulatory Branch U.S. COE, Regulatory Branch 10867 E. Gull Lake Drive N.W. Army Corps of Engineers Centre 1114 South Oak Street 1554 Highway 2, Suite 2 Brainerd, MN 56401 -9051 1905 th Street East La Crescent, MN 55947 -1338 Two Harbors, MN 55616 Phone: 218 - 829 -8402 St. Paul, MN 55101 -9051 Phone: 507- 895 -8059 Phone: 218 - 834 -6630 Phone: 651- 290 -5375 WEB SITES: BWSR: www.bwsr.state.mn.us U.S. ACOE: www.mvp.usace.anny.mil DNR: www.dnr.state.mn.us MPCA: www.pca.state.mn.us Minnesota Local/State /Federal Application Forms for Water /Wetland Projects Instructions, Page 2 NA- 026620 -03B (V.2.02 for MS WORD) 9/17/2007 iviinnesota Locauz)tateireaerai Application Form Tor Water/Wetland Projects For Internal Use Only Application No. Field Office Code Date Initial Application Received Date initial Application Deemed Complete PART I: BASIC APPLICATION "See HELP" directs you to important additional information and assistance in Instructions, Page 1. 1. LANDOWNER/APPLICANT CONTACT INFORMATION (See Help 1) Name: Mr. Martin Walsh Phone: 952 466 5252 E -mail: mwalsh @co.carver.mn.us Complete mailing address: Carver County Parks, 11360 Hwy 212 West, Cologne, MN 55322 IA. AUTHORIZED AGENT (See Help IA) (Only if applicable; an agent is not required) Name: Jeffrey W. Olson Phone: 763 249 6789 E -mail: jolson @srfconsulting.com Complete mailing address: SRF Consulting Group, Inc. One Carlson parkway, Suite 150 Plymouth, MN 55447 -4443 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): Lake Minnewashta, 32W (Figure 4) (Check all that apply): ® Lake ❑ River ® Circular 39 Wetland type: ® 1, ® 1L, ® 2, ❑ 3, ❑ 4, ❑ 5, ® 6, ❑ 7, ❑ 8 Wetland plant community type ❑ shallow open water, ❑ deep marsh, ❑ shallow marsh, ❑ sedge meadow, ® fresh meadow, ❑ wet to wet -mesic prairie, ❑ calcareous fen, ❑ open bog or coniferous bog, ® shrub -carr /alder thicket, ❑ hardwood swamp or coniferous swamp, ® floodplain forest, ® seasonally flooded basin Indicate size of entire lake or wetland (check one): ❑ Less than 10 acres (indicate size: ) ❑ 10 to 40 acres ❑ Greater than 40 acres 3. PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance): Project street address: Lake Minnewashta Regional Park 6900 Hazeltine Boulevard Chanhassen, MN 55331 Fire #: Unknown City (if applicable): Chanhassen, MN /4 Section: Various Section: 9,4, and 3 Township #: 116N Range #: 23W County: Carver Lot #: NA Block: NA Subdivision: NA Watershed (name or #) 33 UTM location: N 4969841.47 E 453747.80 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. See Appendix B: Figures 1 and 2. 4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed. Regional Multi -Use Recreational Trail 5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to construct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project. This is the most important part of your application. See HELP 5 before completing this section; see What To Include on Plans (Instructions, page 1). Attach PROJECT DESCRIPTION sheet. See project description in Appendix A. Footprint of project: acres or square feet drained, filled or excavated. 6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of which may be "no build" or "do nothing "), and explain why you chose to pursue the option described in this application over these alternatives. Attach PROJECT ALTERNATIVES sheet if needed. See Appendix A 7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands, list the complete mailing addresses of adjacent property owners on an attached separate sheet. (See HELP 7) See attached list of adjacent property owners (Appendix A). 8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? ❑ Yes ®No. If yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8) 9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or have already been approved or denied on a separate attached sheet. See HELP 9. See Appendix A. 10. I am applying for state and local authorization to conduct the work described in this application. I am familiar with the information contained in this application. To the best of my knowledge and belief, all information in Part I 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. f n 1/31/11 Signature of applicant (Landowner) Date 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 authorization to the Agent. 'See Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers. Minnesota Local/State /Federal Application Forms for Water /Wetland Projects Page 1 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT (33 CFR 325) OMB APPROVAL NO. 0710-003 Expires Dec 31, 2004 The public burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202 -4302, and to the Office of Management and Budget, Paperwork Reduction Project (0710- 0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of these addresses. Completed applications must be submitted to the District engineer having jurisdiction 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 permit. Routine uses: This information may be shared with the Department of Justice 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 1. APPLICATION NO. 1 2. FIELD OFFICE CODE 1 3. DATE RECEIVED 1 4. DATE APPLICATION COMPLETED YOU DO NOT NEED TO COMPLETE ITEMS 6 -10 and 12 -25 in the SHADED AREAS. 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 aDDlication Dacket. 5. APPLICANT'S NAME Mr. Martin Walsh 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) Jeffrey Olson, Associate Wetland Scientist 6. APPLICANTS ADDRESS Carver County Parks, ',11360 Hwy 212 West, Cologne, MN 55322 9. AGENT'S ADDRESS One Carlson Parkway North Suite #154, Minneapolis, MN 55447 7. APPLICANTS PHONE NO. 952 -166 -5282 10. AGENT'S PHONE NO. 763 - 249 -6789 11. STATEMENT OF AUTHORIZATION (ifapplicable; complete only ifauthorizing an agent) I hereby authorize to act on my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of 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 APPROVALS /DENIALS RECEIVED FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION. 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. Signature of applicant - 1/31/2011 Date h Date Signature of agent (if any) The application must be signed by the person who desires to undertake the proposed activity (applicant), or it may be signed by a duly authorized agent if the statement in Block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within 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) Minnesota Local/State /Federal Application Forms for Water /Wetland Projects Page 2 FOR LGU USE ONLY: Determination for Part 1: ❑ No WCA Jurisdiction ❑ Exempt: No. (per MN Rule 8420.0122) ❑ No Loss: (,AB,—G, per MN Rule 8420.0220) ❑ Wetland Boundary or type ® Replacement required — applicant must complete Part II COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT IS NOT REQUIRED: Application is (check one): ❑ Approved ❑Approved with conditions (conditions attached) ❑ Denied Comments /Findings: LGU official signature Date Name and Title For Agricultural and Drainage exemptions (MN Rule 8420.0122 Subps. 1 and 2B), LGU has received proof of recording of restrictions (per MN Rule 8420.0115): County where recorded Date Document # assigned by recorder LGU official signature Date Minnesota Local/State /Federal Application Forms for Water /Wetland Projects Page 3 Instructions For Part II Complete those portions of Part 11: Replacement Plan Supplement for which information is readily available (such as location, existing land use, size of impact area, etc.) A person certified in wetland delineation must determine items pertaining to specific wetland impacts (wetland type, predominant vegetation, watershed name, etc.) Contact the local soil and water conservation district (SWCD) office for further information on obtaining such items. What to Include on Plans Detailed overhead views of replacement site(s) (Part 11), as well as profile view(s) of replacement site(s) (Part 11), may be either hand drawn, computer generated or professionally prepared, as long as they contain all necessary information clearly, accurately, and in adequate detail. Please include specific dimensions whenever possible. You may also include photos, if you wish. Overhead views of Part 11 replacement site(s) should include the following items that pertain to your project: Property boundaries and /or lot dimensions. Location and extent of shoreline, wetlands and water. Location and dimensions of proposed project, structure or activity. Include length, width, elevation and other measurements as appropriate. Points of reference (such as existing homes, structures, docks or landscape features). Location of inlet and outlet structures. Indication of north. Location of spoil and disposal sites (if applicable). Areas of wetland and upland plants established. Profile views (side or cross - sectional views) should include the following items that pertain to your project: Location and dimensions of proposed project, structure or activity. Include elevation, depth, soil profile, side slope and other measurements as appropriate. Proposed water level elevation. Final Checklists Part II: Replacement Plan Supplement ❑ Have you completed all of Part II (pages 3 -5)? ❑ Did you (or your agent) sign Section 19 on page 5? ❑ Have you included the necessary attachments for Part II? Attachments must include: ❑ If the project includes any wetland banking (complete or partial), include Application for Withdrawal of Wetland Credits Form (Section 14) ❑ If the project includes any project- specific replacements (complete or partial), include: Description of Replacement Wetland(s) Construction (Section 15) Copy of vegetation management plan (Section 15) Scale drawing of overhead view or replacement wetland (Section 18) Scale drawing of profile view of replacement wetland (Section 18) Attachments may also include: ❑ Additional description of Wetland Impact Charts (Section 11) (if additional space was needed) ❑ Additional Description of Replacement Wetlands charts (Section 17) (if additional space was needed) ❑ Additional soils information for created replacement wetland(s) (Section 18) (if available) Note: To deposit surplus wetland credits in the State Wetland Bank, submit a Wetland Banking Application directly to your LGU (Section 16). Preparing Your Application for Mailing ❑ To apply for both state and Federal authorization, your application must include Part I (Page 1), the Federal application (Page 2), and attachments as indicated on Final Checklist for Part I (Instructions, Page 2). ❑ Your application must also include Part II (Pages 3 -5) and additional attachments as indicated on Final Checklist for Part II (above). ❑ Make three copies of the entire application and all attachments. Keep the original, and mail the three copies to the appropriate local, state, and Federal agencies (see Instructions for Part I for addresses). Minnesota Local/State /Federal Application Forms for Water /Wetland Projects Instructions Page 3 PART II: REPLACEMENT PLAN SUPPLEMENT For assistance in completing Part II, contact your Local Government Unit or a professional consultant 11. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: 1) Use one row of boxes for each wetland impact; 2) If your project has more than one wetland impact, reference your overhead view (part of Section 5) to this chart by identifying and labeling "first impact" and "second impact" on your overhead view; 3) If you are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank; 4) If you have chosen to identify more than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each wetland type, and identify predominant vegetation and size of impacted area for each separate wetland type within that impact area; 5) If you do not have access to some of this information, call your LGU or SWCD office for assistance. (Photocopy chartfor more impacts, ifneeded.) DESCRIPTION OF WETLAND IMPACTS Wetland impact (as noted on overhead view) Watershed name or number (if known) Watershed and Bank Service Area Wetland plant community type' Predominant vegetation in impacted wetland area Size of area impacted (in acres or square feet) Existing land use in project area (check all that apply) (W -20) 20 BSA 7 Type 1 (W -20) Poa pratensis 0.130 ac ® Housing ❑ Commercial -------------- ------------- ------------ - - - - -- ---------- - - - - -- ❑ Industrial W -22) BSA 7 Type 2 (W -22) Poa pratensis 0.010 ac ® Parks /recreation areas ® Highways and - ------ --- - - - - --- ---- -- - - - -- -- - -- --------- -- -is --- - - - - -- - - - - - -- associated rights -of -way (W -8) BSA 7 T y-pe 2 (-W -8) Ph alar- 0.070 a c ® Forested arundinacea ❑ Farmsteads /agricultural ❑ Vacant lands ® Public and semi - public 20 BSA 7 Type 1 L (W -2) Frax.penn... 0.005 ac (W-2) Carex (schools /gov't facilities) normalis ❑ Airports ----------- - - - - -- BSA 7 ----------- - - - - -- Type 6 (W -5) - - - -- ----------------------------- Salix exigua, 0.070 ac ❑ Extractive (gravel (W -5) Phalaris pits /quarries) ------------ - - - - -- ----------- - - - - -- arundinacea ------------ - - - - -- ---------- - - - - -- E] Other: 'If you are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank. If you have chosen to identify more than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each separate wetland type, and identify predominant vegetation and size of impacted area for each separate wetland type with that impact area. TOTALS OF AREA(S) IMPACTED FOR EACH WETLAND TYPE ON CHART (indicate acres ® or square feet ❑) Wetland plant community type': Shallow open water: Deep marsh: Shallow Marsh: Sedge meadow: Fresh wet meadow: 0.08 ac Wet tow et mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub carr or alder thicket: 0.07 ac Hardwood swamp or coniferous swamp: Floodplain forest 0.005 ac Seasonally flooded basin 0.13 ac 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. None 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 impacts are within 1,000 ft of a lake. ' See Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers. Minnesota Local/State /Federal Application Forms for Water /Wetland Projects Page 4 14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be accomplished (check only one box below and continue as indicated): ® A. Wetland banking credits only SEE Appendix D for proposed credits to be used. 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 Skip to Section 19, page 6 (You do not need to complete Sections 15 -18). ❑ B. Project- specific replacement only Continue with Section 15 below. ❑ C. A Combination of wetland banking and project- specific replacement. If using project specific replacement that will result in surplus wetland credits that you propose to deposit in the state wetland bank for future use, then you must submit a wetland banking application directly to your LGU before or concurrently with submittal of this form. Also, Complete Application for Withdrawal of Wetland Credits Form and include with your application. Copies of this form and the wetland banking application is available from your LGU, or download a copy from www.bwsr.state.mn.us Continue with Section 15 below. 15. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCTION (Complete this section only if you marked Box B or Box C in Section 14 above): Describe in detail how replacement wetland(s) will be constructed. If several methods will be used, describe each method. Details should include the following: 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. 16. SURPLUS WETLAND CREDITS: If using project- specific replacement (Box B or Box C in Section 14 above), will the replacement result in any surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? ❑ Yes ❑ No. If yes, submit a Wetland Banking Application directly to your LGU before or concurrently with submittal of this form. Copies are available from your LGU, or download a copy from www.bwsr.state.mn.us 17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below: 1) Use one 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 chart for more wetland replacements, if needed.) DESCRIPTION OF REPLACEMENT WETLANDS Identify Watershed County Section, Wetland Type(s) of replacement credits Restored Wetland name or Township, Plant (in acres or square feet) or replacement number Community created? site (if known) Range Type' New Wetland Public Value Indicate (as noted on Bank Service Credits (NWC) Credits (PVC) R or C overhead view) Area Name of First ----------------------------------- ------------------ - - - - -- - replacement site --------- - - - - -- ------------- - - - - -- ------------------ - - - - -- - Name of Second --------- - - - - -- ------------- - - - - -- ------------------ - - - - -- - replacement s it e --------- - - - - -- ------------- - - - - -- ------------------ - - - - -- - If you are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank. If you have chosen to identify more than one TOTAL NWC TOTAL PVC wetland type within a given wetland impact area, use the extra dotted lines to indicate each separate wetland type, and identify predominant vegetation and size of impacted area for REQUIRED REPLACEMENT RATIO: each separate wetland type within that impact area. (If known) Wetland plant community type: Shallow open water: Deep marsh: Shallow Marsh: Sedge meadow: Fresh wet meadow: Wet tow et mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub carr or alder thicket: Hardwood swamp or coniferous swamp: Floodplain forest Seasonally flooded basin * See Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers. Minnesota Local/State /Federal Application Forms for Water /Wetland Projects Page 5 18. ADDITIONAL INFORMATION REQUIRED FOR PROJECT- SPECIFIC REPLACEMENT (Required only if you marked Box B or Box C in Section 14): For projects involving at least some project - specific replacement, include the following additional information: ❑ Two drawings to scale of the replacement wetland. Include both overhead view and profile (side view or cross - sectional view). See What to Include on Plans (Instructions, Page 3) for a detailed description of what should be included in these drawings. Without drawings, your application will be considered incomplete. ❑ For created replacement wetlands, include additional soils information (if available) that indicates the capability of the site 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 owner of any utilities must be notified. The landowner or contractor is responsible for giving this notice by calling "Gopher State One -Call" at 652 -454 -0002 (Twin Cities Metro Area) or 1- 800 - 252 -1166 (all other locations). Note 2: For extensive or complex projects supplementary information may be requested at a later dated from one or more of the responding agencies. Such information may include (but not be limited to) the following: topographic map, water table map, soil borings, depth soundings, aerial photographs, environmental assessment and/or engineering reports. 19. SIGNED AFFIRMATION: FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING ONLY. To the best of my knowledge and belief, all information in Part II is true, complete and accurate; and 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 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 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 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 will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s) will be located; and I will at the same time submit proof of such recording to the LGU. To the best of my knowledge and belief, all information in Part II is true, complete and accurate; and I affirm all statements in Part A and C, as well as checked assurance(s) in Part B. r� 1/31/11 Signature or applicant or agent Date FOR LGU USE ONLY Replacement plan is (check one): ❑ Approved ❑Approved with conditions (conditions attached) ❑ Denied LGU official signature Date LGU has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland: County where recorded Date Document # assigned by recorder LGU official signature Date Minnesota Local/State /Federal Application Forms for Water /Wetland Projects Page 6 Appendix A Permit Additional Information Appendix A Permit Addendum 5. Project Purpose, Description and Dimensions Project Purpose The project purpose is to provide a safe grade- separated pedestrian/bicycle link between Lake Minnewashta Regional Park and the City of Chanhassen. The project will develop paved off -road multi -use trails within the park and along the east side of TH 41 to provide linkages between residential neighborhoods, employment centers, and recreational opportunities. The project will complete key elements and links in the Carver County and City of Chanhassen transportation system that will improve safety and convenience for bicyclists and pedestrians. The benefit of this link will extend to the region's proposed continuous trail system, which is intended to provide residents and recreationalist's access and safe travel between residential areas, employment centers, and schools, as well as access and safe travel to Lake Minnewashta Regional Park. Description and Summary of Proposed Improvements The project will construct a pedestrian /bicycle underpass at TH 41, just north of Ches Mar Drive, and 10 -foot bituminous off -road multi -use trails extending from the west parking lot in Lake Minnewashta Regional Park to the east side of TH 41 and along the east side of TH 41 from the proposed underpass location south to Longacres Drive and from the proposed underpass location north to Minnetonka West Middle School. Design Elements and Dimensions Trail (Off-Road Facility) Existing Proposed Type of Trail/Path n/a Multi -Use Trail/Path Width 10 feet Trail/Path Surfacing n/a Bituminous Design Speed 20 miles per hour Posted (Regulatory) Speed n/a Shoulder Width 2 feet minimum Shoulder Surfacing n/a Turf Lead -in Guardrail/Fencing n/a 20 feet at bridge approaches Maximum Grade n/a 5% typical, 8.33% maximum Vertical Clearance n/a 10 feet minimum to vegetation Clear Zone n/a 2 feet minimum In -slope n/a 2:1 max; 3:1 preferred TH 41 Underpass — From West of TH 41 to East of TH 41 (Off -Road Facility) Existing Proposed Bridge or Culvert Number n/a TBD Location (over /under) n/a Under TH 41 Bridge or Culvert Type n/a Box culvert Design Loading n/a n/a Bridge Roadway width, ft n/a 12 feet Sidewalk, ft n/a n/a Bridge Length, ft n/a 72 feet Bridge: Number of Spans n/a n/a Skew n/a n/a Guardrail n/a Yes Bridge Clear Width n/a n/a Vertical Clearance n/a 9 feet 10 inches 6. Project Alternatives No -Build Alternative The No Build Alternative would result in the underpass and trails not being constructed. Without the underpass and trails, plans by the County and the City would not be implemented and the barrier for pedestrians and bicyclists wanting to access to the park would remain. Recreational and active transportation opportunities, including connections to the network of existing City and regional trails as well as safe biking and walking trails, would be lost. Location Alternatives Reviewed Alternative A trail on the west side of TH 41 was considered based on suggestions received during the June 3, 2010 public open house. The perceived benefits of an alignment to the west of TH 41 included the use of an existing service road and avoidance of impacts to existing vegetation. This option was investigated and dismissed from further consideration because the west side alignment would require two underpasses in locations with steep slopes and the extensive grading needed to install the culverts would cause impacts to utilities and would greatly increase project cost. Preferred Alternative The Preferred Alternative includes construction of a pedestrian /bicycle underpass at TH 41, just north of Ches Mar Drive, and 10 -foot bituminous off -road multi -use trails extending from the west parking lot in Lake Minnewashta Regional Park to the east side of TH 41 and along the east side of TH 41 from the proposed underpass location south to Longacres Drive and from the proposed underpass location north to Chaska Road. Preferred Alternative Wetland Impact Avoidance Complete avoidance of wetland impacts was not possible with the preferred alternative. Preferred Alternative Wetland Impact Minimization Impacts to wetlands were minimized through a variety of measures, which included moving the trail alignment, steeping side slopes and use of retaining walls. Specific instances include the following bulleted list: • Retaining walls were used to reduce impacts to wetlands W -4 and W -5. • The trail alignment was moved to avoid all impacts to wetlands W -12 and W -13. • Trail embankment side slopes were steepened where practicable. • The trail was kept as low as possible on the landscape to avoid additional footprint impacts. Preferred Alternative Wetland Miti ,-adore Wetland impacts that are a result of the trail project will be mitigated for using a 2:1 ratio. Mitigation will be accomplished through the use of wetland banking credits. See Permit Item #14 for additional information. 7. Adjoining Property Owners 019 - 254530310 7260 HILLSDALE CT CT HAZELTINE 55317 7548 AHMAD SHALABI 7260 HILLSDALE CT CHANHASSEN, MN 55317 -7548 019 - 250041300 019 - 250091800 7205 BLVD BLVD CARVER COUNTY 55331 600 4TH ST E DAVID J & STEPHANIE L SEWARD CHASKA, MN 55318 -2102 019 - 250091000 EXCELSIOR, MN 55331 -8036 019 - 253490010 2450 LAKE LUCY RD CARVER COUNTY 600 4TH ST E 6707 CHASKA, MN 55318 -2102 019 - 253490510 6814 HIGHOVER DR DR 55317 7568 CHRISTOPHER C FITCH & RD 6814 HIGHOVER DR 55331 CHANHASSEN, MN 55317 -7568 019 - 253370080 6300 CHASKA RD 1 019 - 253370010 55317 7030 CITY OF CHANHASSEN HIGHOVER DR PO BOX 147 CHANHASSEN, MN 55317 -0147 019 - 253480020 7001 HIGHOVER DR DR CHANHASSEN, MN 55317 -6400 55317 7572 CITY OF CHANHASSEN PO BOX 147 CHANHASSEN, MN 55317 -0147 019 - 253490550 019 - 250033000 CITY OF CHANHASSEN 6421 PO BOX 147 BLVD CHANHASSEN, MN 55317 -0147 HAZELTINE 019 - 250091800 7205 BLVD BLVD 55331 8036 DAVID J & STEPHANIE L SEWARD 7205 HAZELTINE BLVD EXCELSIOR, MN 55331 -8036 019 - 253490010 2450 LAKE LUCY RD RD 55317 6707 E JEROME CARLSON PO BOX 554 WAYZATA, MN 55391 -0554 019 - 251100100 6300 CHASKA RD RD 55331 8825 GEORGE & BEULAH G BAER 6300 CHASKA RD EXCELSIOR, MN 55331 -8825 019 - 253370010 7030 HIGHOVER DR DR 55317 HURRELL LLC 7460 BENT BOW TRL CHANHASSEN, MN 55317 -6400 HAZELTINE 019 - 250033000 6421 BLVD BLVD 55331 8000 IND SCHOOL DIST 276 261 SCHOOL AVE EXCELSIOR, MN 55331 -1987 019 - 254590050 6390 MELODY LN LN 55331 6402 JOHN T & ANNE C CARTER 6390 MELODY LN EXCELSIOR, MN 55331 -6402 019 - 253490470 6872 HIGHOVER DR DR 55317 7568 JOSEPH P THULL & 6872 HIGHOVER DR CHANHASSEN, MN 55317 -7568 019 - 253490530 6800 HIGHOVER DR DR 55317 7568 KRISTOPHER M GRIESE & 6800 HIGHOVER DR CHANHASSEN, MN 55317 -7568 019 - 254530420 LONGACRES HOMEOWNERS ASSN INC PO BOX 542 CHANHASSEN, MN 55317 -0542 019 - 253490380 7014 HIGHOVER DR DR 55317 7572 MARK BERSON 7014 HIGHOVER DR CHANHASSEN, MN 55317 -7572 019 - 253490520 6810 HIGHOVER DR DR 55317 7568 MARY A BENTLEY 6810 HIGHOVER DR CHANHASSEN, MN 55317 -7568 019 - 253490490 6842 HIGHOVER DR DR 55317 7568 PATRICK J & LISA M MCNULTY 6842 HIGHOVER DR CHANHASSEN, MN 55317 -7568 019 - 253490480 6856 HIGHOVER DR DR 55317 7568 PHONG M LUONG & 6856 HIGHOVER DR CHANHASSEN, MN 55317 -7568 HAZELTINE 019 - 250091900 7305 BLVD BLVD 55331 8038 THOMAS J DOLL & PO BOX 148 EXCELSIOR, MN 55331 -0148 019 - 253490500 6818 HIGHOVER DR DR 55317 7568 WILLIAM D & MARY D HAWORTH 6818 HIGHOVER DR CHANHASSEN, MN 55317 -7568 019 - 254530300 7250 HILLSDALE CT CT 55317 7548 WILLIAM RYAN HURT & 7250 HILLSDALE CT CHANHASSEN, MN 55317 -7548 019 - 253360040 2585 HIGHCREST CIR CIR 55317 YOBERRY FARMS LLC 2575 HIGHCREST CIR CHANHASSEN, MN 55317 -4708 9. Status of Other Approvals PERMIT AGENCY ACTION REQUIRED FEDERAL Categorical Exclusion FHWA Approval Section 106 Mn /DOT CRU Pending Project review U.S. Fish and Wildlife Service Completed STATE Section 401 Water Quality Certification' MPCA Pending NPDES /SDS Construction Site MPCA Pending Permit (Phase II) Section 106 (Historic / SHPO Pending Archeological) LOCAL Erosion control and stormwater Minnehaha Creek Watershed Pending plans District Erosion control and stormwater Riley Purgatory Bluff Creek Pending plans Watershed District Appendix 6 Figures 1= 0 / ® d \ Sando ill st \ _ T Minnetortka West j Middle School CC Project Lo cation Proposed w st _ *- g L It Retaining Walls at , Lake Proposed Pedestrian %6 Lak Minnewashta Underpass m Lake Minnewashta !� Regional Park a iSOh�a M 588 z o £ Je t LL N Z d d t V 0 3 2 \inoi Vongacres Dr � Gu :: CARVER COUNTY a Huntet D, lvs� 8 M 0 2iocc �� a ati � Tr e rin ke r St 0 1,000 2,000 O = Proposed Trail Alignment Proposed Retaining Wall ■ ■ noon Existing Trail Feet Project Area Figure 1 Carver County TH 41 Underpass and Trail Project SP 10- 090 -30 Carver County, Minnesota Noble Rd wild Rose p Ti J 3 c 3 v Oak Sr M L a x m d a t2 w Smith Town Rd 3 0 6 v Gillette CI ,.- ,."town R J oe Rd 9 4 Echo Rd D E o 3� 0 d O Academy Ave Park St 30TA N m 3 A J v ` �r N Yellowstone It mood p r 9 A r County 0 9 MNTH 7 ,uth Dr z ashis oeaYRd_oe0 O rchard �a a M -354 1= 0 / ® d \ Sando ill st \ _ T Minnetortka West j Middle School CC Project Lo cation Proposed w st _ *- g L It Retaining Walls at , Lake Proposed Pedestrian %6 Lak Minnewashta Underpass m Lake Minnewashta !� Regional Park a iSOh�a M 588 z o £ Je t LL N Z d d t V 0 3 2 \inoi Vongacres Dr � Gu :: CARVER COUNTY a Huntet D, lvs� 8 M 0 2iocc �� a ati � Tr e rin ke r St 0 1,000 2,000 O = Proposed Trail Alignment Proposed Retaining Wall ■ ■ noon Existing Trail Feet Project Area Figure 1 Carver County TH 41 Underpass and Trail Project SP 10- 090 -30 Carver County, Minnesota Noble Rd wild Rose �f s. w J SmtlrtoFr 3 LI M. --"L 4. S 3O EW O L; 6 A - i N y e :I'b A s l 1 0;. J . 'i e - P2rk La i 1AVe I i f't r ^ — y . ,.., aS • �� ,pssY�oUSfl 4�� S � �� _ "��..a r i 4 = a v }p 4r q YMI , n n et S chool ka West =- >. ti ry . { ,drool _ o Project Location .Middle 4 ' b Y' West k Paring* sot °Proposed P6 des` tr an? 'Pro'sred Lake _f3 r �. RetainingVUa`Ilsl I �' f Underpass . Minnewashta •" V ,(Lake Minnevvashta j `t Reglo � y{ ` { nai^Park�. T il l I y N { r• �' b r Q TV J, eSrurie ' i ` \ r Jpp e5t'_ Mat I a y e Banker St' C �hturyr - , 'r ,.• m r r �� q �-. � i r• � � �_ �. \\ .' a G r -_ - i i l (. � rise? �`_-ti, � 1 _�Yr! _.. _ m 1 ' � � t q �. Y _p --- i' �.., — d4 � - ' -•. G .. �T r J , Gi o 1,000 2,000 O 7 Proposed Trail Alignment Proposed Retaining Wall Feet Excelsior Quadrangle, Minnesota: 7.5 Minute Series Project Location - USGS Section 4, Range 23, Township 116 Carver County TH 41 Underpass and Trail Project Figure 2 SP 10- 090 -30 Carver County, Minnesota Parcel Locations Coasucnuc:Gsour.lrvc Carver County TH41 Underpass and Trail Project Figure 3 Carver County, Minnesota Public Waters Inventory Locations Coasucnwc:Gsour . lrvc Carver County TH41 Underpass and Trail Project Figure 4 Carver County, Minnesota 7 LAKE MINNEWASHTA WETLAND 20 IMPACTED AREA = 0.13 ACRES ' v 1 ` 1 � �r PARK TRAIL WETLAND 21 / NO IMPACT © LEGEND WETLAND CONSTRUCTION - - - - - -- LIMITS 0 00 200 WETLAND IMPACT scale In feet Wetland Con s o �� Carver County TH 41 Underpass and Trail Project Carver County, Minnesota Job # 12/8/2010 Figure 4A 7 WETLAND 12 \ \ NO IMPACT 1 I I 1/ t / r— I I / ii ii I I I I I I I I I � I II 1 � I I / LEGEND WETLAND CI NSTRUCTION - - - - - -- WETLAND IMPACT / I I 1 Wetland Job # 12/8/2010 Consulting Group, Inc. Carver County TH 41 Underpass and Trail Project Carver County, Minnesota AREAI WETLAND 13 NO IMPACT PARK TRAIL \� �� Figure 4B 7 X 0 100 200 scale In feet WETLAND 11 NO IMPACT i 145 �- PARK TRAIL WETLAND 10 NO IMPACT WETLAND 9 NO IMPACT �t �7f - WETLAND 22 IMPACTED AREA = 0.01 ACRES AREA 1 � � 1 I I I I LEGEND WETLAND CONSTRUCTION - - - - - -- LIMITS WETLAND IMPACT Job # 121812010 Wetland Impacts Consulting Group, Inc. Carver County TH 41 Underpass and Trail Project Carver County, Minnesota Figure 4C 7 x ' 00 1 moo 0 loo 200 scale in feet a 61 0 \ e � 10 \ 3 LEGEND WETLAND CONSTRUCTION - - - - - -- LIMITS WETLAND IMPACT Wetland Job # 121812010 Consulting Group, Inc. Carver County TH 41 Underpass and Trail Project Carver County, Minnesota i Figure Q 7 t i - --� 625 630 635 640 -� C = _ 5 _------ - - - - -� - -- - - -- ------------ - -- - - -2__ _ _ - - - - -- - - -- - - - - --------------------------- AREA B T.H. 41 TRAIL .: a LEGEND d . WETLAND 1 CONSTRUCTION LIMITS WETLAND IMPACT Wetland Impacts Consulting Group, Inc. Carver County TH 41 Underpass and Trail Project Carver County, Minnesota Job # 121812010 Figure 4E 7 x 0 loo 200 scale In feat 640 645 ,�--- - - -_ —_ —_345------ - - - - -- -- - -- - - - -�3 3 8 3 9 34 2 WETLAND 4 NO IMPACTS �- T.H. 41 TRAIL 650 655 ------------------ - - - - -- ss 350 351 352 35 4 WETLAND 5 IMPACTED AREA = 0.07 ACRES LEGEND WETLAND CONSTRUCTION - - - - - -- LIMITS WETLAND IMPACT Wetland Impacts Consulting Group, Inc. Carver County TH 41 Underpass and Trail Project Carver County, Minnesota Job # 121812010 Figure 4F 7 o ioo 200 scale In feat # „0 ao � -e 6� o AREA K 660 665 3Z0 ___365 65— --- 3 WETLAND e— - - - - - - - -- NOIMPACTS — — AREA H AREA G STORM POND T.H. 41 TRAIL LEGEND �,. WETLAND P 3, CONSTRUCTION - - - - - -- LIMITS WETLAND IMPACT w . ,. Wetland Impacts Consulting Group, Inc. Carver County TH 41 Underpass and Trail Project Carver County, Minnesota Job # 121812010 Figure 4G Appendix C Soils Maps Soil Map— Carver County, Minnesota, and Hennepin County, Minnesota (TH 41 Trail (North)) 44 53' 34" 44 52' 41" 44 53' 35" 44 52' 41" 16 Natural Resources Web Soil Survey 10/26/2010 r♦ Conservation Service National Cooperative Soil Survey Page 1 of 4 Map Scale: 1:7,840 if printed on Asize (8.5" x 11 ") sheet. uN V M N iMeters 0 50 100 200 300 Feet 0 300 600 1,200 1,800 Soil Map- Carver County, Minnesota, and Hennepin County, Minnesota (TH 41 Trail (North)) MAP LEGEND MAP INFORMATION Area of Interest (A01)n Very Stony Spot Map Scale: 1:7,840 if printed on A size (8.5' X 11 ") sheet. ® Area of Interest (AOI) Wet Spot The soil surveys that comprise your AOI were mapped at 1:12,000. Soils f Other Please rely on the bar scale on each map sheet for accurate map 0 Soil Map Units measurements. Special Line Features Special Point Features Gully Source of Map: Natural Resources Conservation Service Blowout Web Soil Survey URL: http : / /websoilsurvey.nres.usda.gov Borrow Pit Short Steep Slope Coordinate System: UTM Zone 15N NAD83 Clay Spot Other This product is generated from the USDA -NRCS certified data as of Political Features the version date(s) listed below. * Closed Depression Cities Soil Survey Area: Carver County, Minnesota r Gravel Pit Water Features Survey Area Data: Version 8, Aug 2, 2010 Gravelly Spot Oceans Soil Survey Area: Hennepin County, Minnesota Landfill Streams and Canals Survey Area Data: Version 7, Aug 2, 2010 +., Lava Flow Transportation Your area of interest (AOI) includes more than one soil survey area. i-�+ Rails These survey areas may have been mapped at different scales, with Marsh or swamp a different land use in mind, at different times, or at different levels Mine or Quarry ' Interstate Highways of detail. This may result in map unit symbols, soil properties, and interpretations that do not completely agree across soil survey area Q Miscellaneous Water US Routes boundaries. p Perennial Water Major Roads Date(s) aerial images were photographed: 7/18/2003 Rock Outcrop Local Roads The orthophoto or other base map on which the soil lines were + Saline Spot compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting Sandy Spot of map unit boundaries may be evident. Severely Eroded Spot Sinkhole Slide or Slip p Sodic Spot r , Spoil Area Stony Spot f!s Natural Resources Web Soil Survey 10/26/2010 Conservation Service National Cooperative Soil Survey Page 2 of 4 Soil Map - Carver County, Minnesota, and Hennepin County, Minnesota TH 41 Trail (North) Map Unit Legend USDA Natural Resources Web Soil Survey 10/26/2010 Conservation Service National Cooperative Soil Survey Page 3 of 4 Carver County, Minnesota (MN019) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CW Cordova - Webster complex 1.6 0.8% GL Glencoe clay loam 3.2 1.6% HM Hamel loam 10.8 5.5% KB Kilkenny- Lester loams, 2 to 6 percent slopes 14.2 7.3% KB2 Lester - Kilkenny loams, 2 to 6 percent slopes, eroded 7.1 3.7% KC Lester - Kilkenny loams, 6 to 12 percent slopes 40.6 20.8% KC2 Lester - Kilkenny loams, 6 to 12 percent slopes, eroded 14.5 7.4% KID Lester - Kilkenny loams, 12 to 18 percent slopes 8.3 4.2% KD2 Lester - Kilkenny loams, 12 to 18 percent slopes, eroded 13.8 7.1% KE2 Lester - Kilkenny loams, 18 to 25 percent slopes, eroded 29.5 15.1% MK Houghton and Muskego soils 7.7 4.0% MP Klossner and Muskego soils, ponded 1.8 0.9% ND3 Lester - Kilkenny clay loams, 12 to 18 percent slopes, severely eroded 6.7 3.4% NE3 Lester - Kilkenny clay loams, 18 to 25 percent slopes, severely eroded 3.2 1.6% PM Klossner muck 0.1 0.0% TB Terril loam, 0 to 6 percent slopes 1.2 0.6% TC Terril loam, 6 to 12 percent slopes 2.7 1.4% YB Rasset- Lester - Kilkenny complex, 2 to 6 percent slopes 12.2 6.2% YD Rasset- Lester - Kilkenny complex, 12 to 18 percent slopes 3.9 2.0% Subtotals for Soil Survey Area 183.1 93.7% Totals for Area of Interest 196.4 100.0% USDA Natural Resources Web Soil Survey 10/26/2010 Conservation Service National Cooperative Soil Survey Page 3 of 4 Hennepin County, Minnesota (MN053) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI L22D2 Lester loam, morainic, 12 to 18 percent slopes, eroded 0.2 0.1% L22E Lester loam, morainic, 18 to 25 percent slopes 0.6 0.3% L24A Glencoe loam, depressional, 0 to 1 percent slopes 0.3 0.2% L36A Hamel, overwash -Hamel complex, 1 to 4 percent slopes 0.1 0.1% L41 C2 Lester - Kilkenny complex, 6 to 12 percent slopes, eroded 10.5 5.4% U1 A Urban land - Udorthents, wet substratum, complex, 0 to 2 percent slopes 0.2 0.1% U313 Udorthents (cut and fill land), 0 to 6 percent slopes 0.4 0.2% Subtotals for Soil Survey Area 12.3 6.3% Totals for Area of Interest 196.4 100.0% USDA Natural Resources Web Soil Survey 10/26/2010 Conservation Service National Cooperative Soil Survey Page 3 of 4 Soil Map — Carver County, Minnesota, and Hennepin County, Minnesota TH 41 Trail (North) USDA Natural Resources Web Soil Survey 10/26/2010 Conservation Service National Cooperative Soil Survey Page 4 of 4 Soil Map— Carver County, Minnesota (TH41Trail (South) Soils) 44° 52' 55" 44' 52' 11' 44 52' 55" 44' 52' 11' USDA Natural Resources Web Soil Survey 10/26/2010 Conservation Service National Cooperative Soil Survey Page 1 of 3 M Map Scale; 1 ,6,470 if printed on Asize (8.5" x 11 ") sheet. N Ln V N Meters 0 50 100 200 300 Feet 0 200 400 800 1,200 Soil Map — Carver County, Minnesota (TH41Trail (South) Soils) MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Units Special Point Features Blowout Borrow Pit Clay Spot } Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Q Miscellaneous Water Perennial Water Rock Outcrop + Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip 0 Sodic Spot Spoil Area Stony Spot ;h Very Stony Spot , lif Wet Spot a Other Special Line Features Gully Short Steep Slope .. Other Political Features O Cities Water Features Oceans Streams and Canals Transportation +++ Rails Interstate Highways US Routes Major Roads Local Roads MAP INFORMATION Map Scale: 1:6,470 if printed on A size (8.5' X 11 ") sheet. The soil surveys that comprise your AOI were mapped at 1:12,000 Please rely on the bar scale on each map sheet for accurate map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http : / /websoilsurvey.nres.usda.gov Coordinate System: UTM Zone 15N NAD83 This product is generated from the USDA -NRCS certified data as of the version date(s) listed below. Soil Survey Area: Carver County, Minnesota Survey Area Data: Version 8, Aug 2, 2010 Date(s) aerial images were photographed: 7/18/2003 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. US Natural Resources Web Soil Survey 10/26/2010 �� Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map - Carver County, Minnesota TH41Trail (South) Soils Map Unit Legend USDA Natural Resources Web Soil Survey 10/26/2010 Conservation Service National Cooperative Soil Survey Page 3 of 3 Carver County, Minnesota (MN019) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOf CO Cordova clay loam 2.0 0.8% CW Cordova - Webster complex 4.3 1.8% EX Essexville sandy loam 0.9 0.4% HM Hamel loam 20.4 8.4% KB Kilkenny- Lester loams, 2 to 6 percent slopes 37.2 15.3% KB2 Lester - Kilkenny loams, 2 to 6 percent slopes, eroded 9.0 3.7% KC Lester - Kilkenny loams, 6 to 12 percent slopes 18.3 7.5% KC2 Lester - Kilkenny loams, 6 to 12 percent slopes, eroded 40.8 16.8% KID Lester - Kilkenny loams, 12 to 18 percent slopes 8.7 3.6% KD2 Lester - Kilkenny loams, 12 to 18 percent slopes, eroded 11.5 4.7% KE2 Lester - Kilkenny loams, 18 to 25 percent slopes, eroded 25.7 10.6% LA Le Sueur- Lester loams, 1 to 4 percent slopes 2.2 0.9% MK Houghton and Muskego soils 4.7 1.9% NC3 Lester - Kilkenny clay loams, 6 to 12 percent slopes, severely eroded 6.0 2.5% ND3 Lester - Kilkenny clay loams, 12 to 18 percent slopes, severely eroded 16.3 6.7% NE3 Lester - Kilkenny clay loams, 18 to 25 percent slopes, severely eroded 12.8 5.3% PM Klossner muck 1.3 0.5% TB Terril loam, 0 to 6 percent slopes 18.5 7.6% W Water 2.4 1.0% Totals for Area of Interest 243.1 100.0% USDA Natural Resources Web Soil Survey 10/26/2010 Conservation Service National Cooperative Soil Survey Page 3 of 3 Soil Map— Carver County, Minnesota (TH 41 Trail (West) Soils) N V (D V M M M M 44° 53'11" 44° 52'24" _U� Natural Resources � Conservation Service Web Soil Survey National Cooperative Soil Survey 10/26/2010 Page 1 of 3 44° 53' 11" 44° 52' 25" Map Scale: 1:10,300 if printed on A size (8.5" x 11 ") sheet. a in v M N i Meters M 0 100 200 400 600 Feet 0 500 1,000 2,000 3,000 Soil Map - Carver County, Minnesota (TH 41 Trail (West) Soils) MAP LEGEND MAP INFORMATION Area of Interest (AOI)n Very Stony Spot Map Scale: 1:10,300 if printed on A size (8.5" X 11 ") sheet. ® Area of Interest (AOI) Wet Spot The soil surveys that comprise your AOI were mapped at 1:12,000. Soils f Other Please rely on the bar scale on each map sheet for accurate map 0 Soil Map Units measurements. Special Line Features Special Point Features Gully Source of Map: Natural Resources Conservation Service Blowout Web Soil Survey URL: http : / /websoilsurvey.nres.usda.gov Borrow Pit Short Steep Slope Coordinate System: UTM Zone 15N NAD83 Clay Spot Other This product is generated from the USDA -NRCS certified data as of Political Features the version date(s) listed below. * Closed Depression O Cities Soil Survey Area: Carver County, Minnesota r Gravel Pit Water Features Survey Area Data: Version 8, Aug 2, 2010 Gravelly Spot Oceans Date(s) aerial images were photographed: 7/18/2003 Landfill Streams and Canals The orthophoto or other base map on which the soil lines were ?., Lava Flow Transportation compiled and digitized probably differs from the background i-�+ Rails imagery displayed on these maps. As a result, some minor shifting Marsh or swamp of map unit boundaries may be evident. Mine or Quarry '' Interstate Highways Q Miscellaneous Water US Routes Perennial Water Major Roads v Rock Outcrop Local Roads + Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip p Sodic Spot r , Spoil Area Stony Spot f!s Natural Resources Web Soil Survey 10/26/2010 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map - Carver County, Minnesota TH 41 Trail (West) Soils Map Unit Legend USDA Natural Resources Web Soil Survey 10/26/2010 Conservation Service National Cooperative Soil Survey Page 3 of 3 Carver County, Minnesota (MN019) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOf EX Essexville sandy loam 24.8 5.3% GL Glencoe clay loam 3.5 0.7% HM Hamel loam 38.9 8.3% KB Kilkenny- Lester loams, 2 to 6 percent slopes 27.6 5.9% KB2 Lester - Kilkenny loams, 2 to 6 percent slopes, eroded 8.3 1.8% KC Lester - Kilkenny loams, 6 to 12 percent slopes 57.3 12.1% KC2 Lester - Kilkenny loams, 6 to 12 percent slopes, eroded 41.5 8.8% KID Lester - Kilkenny loams, 12 to 18 percent slopes 29.4 6.2% KD2 Lester - Kilkenny loams, 12 to 18 percent slopes, eroded 32.4 6.9% KE2 Lester - Kilkenny loams, 18 to 25 percent slopes, eroded 51.4 10.9% LA Le Sueur- Lester loams, 1 to 4 percent slopes 2.4 0.5% MK Houghton and Muskego soils 13.8 2.9% MP Klossner and Muskego soils, ponded 19.5 4.1% NC3 Lester - Kilkenny clay loams, 6 to 12 percent slopes, severely eroded 2.6 0.6% ND3 Lester - Kilkenny clay loams, 12 to 18 percent slopes, severely eroded 14.0 3.0% NE3 Lester - Kilkenny clay loams, 18 to 25 percent slopes, severely eroded 6.7 1.4% PM Klossner muck 3.1 0.7% TB Terril loam, 0 to 6 percent slopes 23.8 5.0% TC Terril loam, 6 to 12 percent slopes 2.2 0.5% W Water 68.3 14.5% Totals for Area of Interest 471.6 100.0% USDA Natural Resources Web Soil Survey 10/26/2010 Conservation Service National Cooperative Soil Survey Page 3 of 3 Appendix D Proposed Wetland Credits APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS FROM THE MINNESOTA WETLAND BANK Return Original to BWSR — Transaction may not be processed without original signatures 1. PROPOSED USER OF CREDITS Name(s) Carver County Address: 600 East Fourth Street Chaska, MN 55318 City State ZIP Day Phone (952)466 -5252 Other Phone (952)466 -5250 3. OWNER / SELLER OF CREDITS Account No. 1048 Watershed No. 19 County: Carver Bank Service Area 7 Name of Seller: Paul Nesvold, Silas Tesch Tim Nesvold (Name of Authorized Representative) (Signature of Seller /Authorized Representative) 4. Regulating Authority(ies) Approving the Use of Wetland Bank Credits Replacement Plan approved by (check all that apply): ❑ Local WCA LGU: (Print agency name) Local Permit # ❑ U.S. Army Corps of Engineers: Permit # ❑ MN Dept. of Natural Resources: Permit # ❑ Natural Resources Conservation Service: Permit # ❑ Other authority involved: ❑ Enclosed 6.5% transaction fee, payable to "Board of Water & Soil Resources." 5. CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. Credit Acres Wetland Wetland Plant Community' Cost Sub -Group withdrawn Type (per acre) E .58 SWC Upland buffer $20000 [pick one] [Pick One] [Pick One] Totals: 1 acre = 43,560 sq. ft. Fee Total (Total cost x 0.065 = $ 754 'Letters signify credit sub - groups, which represent wetland areas with different wetland characteristics. Circular 39 types: 1, 1L, 2, 3, 4, 5, 6, 7, 8, R, U (for Upland Buffer). 'Wetland plant community type: shallow open water, deep marsh, shallow marsh, sedge meadow, fresh meadow, wet to wet -mesic prairie, calcareous fen, open bog or coniferous bog, shrub -carr /alder thicket, hardwood swamp or coniferous swamp, floodplain forest, seasonally flooded basin, or upland buffer. See Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers. Page 1 of 2 BWSR Form: wca- bank -05- withdrawal. doe Revised 6/1/2010 6. CERTIFICATION OF USER OF WETLAND CREDITS The proposed user of credits hereby certifies that he /she: a) either owns the subject wetland credits or has entered into an agreement to purchase said credits, subject to the approval of all applicable regulatory authorities and b) has filed appropriate plans, specifications and application forms with all applicable regulatory authorities that describe the wetland or water resource impacts for which the subject wetland credits will be utilized for mitigation purposes. Authorized Signature of Proposed User of Credits PRINT Name Date 7. REGULATORY AUTHORITY APPROVAL(S) The following authorized representatives of the regulatory authority (ies) identified on page 1 of this application hereby certify that they have: a) verified that the subject wetland credits are deposited in the account of the owner / seller, b) approved a wetland replacement plan or other water resource impact under their jurisdiction, and c) approved the proposed use of the wetland bank credits described herein. PRINT Name of WCA LGU Official Signature of Authorized WCA LGU Official Date PRINT Name of Other Regulatory Official (if any) Signature of Other Authorized Official Date Agency Address of Other Regulatory Official 8. CERTIFICATION OF OWNER / SELLER OF CREDITS I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certify that: 1) the credits described in this application have either been sold to the user of credits or I will use them to mitigate wetland impacts for my own project, 2) I have received payment in full from the buyer (if applicable), 3) the credits have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the project site information block on the previous page, 4) the subject wetland credits should be withdrawn my account, 5) I will not have a negative balance of credits after the subject credits are debited from my account, and 6) the Annual Fee for this account has been paid (or will be with an enclosed check). Authorized Signature of Owner / Seller of Credits Date 9. BWSR APPROVAL AND DEBITING OF ACCOUNT I hereby certify that the credits have been properly debited from the subject account, effective the date of signature. Authorized Signature Date Upon approval by BWSR, a copy of this instrument will be mailed to the user of the credits, all regulatory authorities involved, the account holder and the Board Conservationist. A letter will also be sent to the account holder acknowledging the debit and new account balance. IMPORTANT REMINDERS 1. The Owner / Seller of the credits is responsible for submittal of this form, containing original signatures, to the BWSR Wetland Bank Administrator so the affected account can be properly debited. 2. No impacts to any wetland or other water resource may commence until the credits have been debited from the Minnesota Wetland Mitigation Bank and a copy of this approval has been mailed to the regulatory authority(ies), the account holder and the user of the credits. 3. It is a criminal offense for a seller of wetland credits to sell credits more than one time. It is the responsibility of the account holder to report any credit sales that are not noted on the most current official BWSR account balance. Page 2 of 2 BWSR Form: wca- bank -05- withdrawal. doe Mail to: Bank Coordinator, Board of Water & Soil Resources Revised 6/1/2010 520 Lafayette Road North St. Paul, MN 55155 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 7, 2011, 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 the TH 41Trail & Underpass Project Wetland Alteration Permit — Planning Case 2011 -03 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. Karen J. Engelhardt, Deputy Clerk Subscribed and sworn to before me this day of , 2011. Notary Public Im c m d c O . N . 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AARON W TOYE ALFONSO MARTINEZ ALFREDO L PENTEADO III 2378 HIGHOVER DR 2555 HIGHCREST CIR 10001 INDEGO DR CHANHASSEN, MN 55317 -4744 CHANHASSEN, MN 55317 -4708 EDEN PRAIRIE, MN 55347 -1205 ANTHONY J MILLER 2444 LAKE LUCY RD CHANHASSEN, MN 55317 -2644 BRANT H & KATHLEEN J ROSSMAN 2703 CHES MAR FARM RD EXCELSIOR, MN 55331 -8041 BRENT A CARRON 7059 HIGHOVER DR CHANHASSEN, MN 55317 -7572 BRUCE B & HOLLY H OLSON 2432 LAKE LUCY RD CHANHASSEN, MN 55317 -6707 CHARLES R & KATHLEEN J MOW REY 6610 BRENDEN CT CHANHASSEN, MN 55317 -7560 DAN V & CYNTHIA M SEEMAN 6673 BRENDEN CT CHANHASSEN, MN 55317 -7560 DANIEL R BERG 7166 ARROWHEAD CT CHANHASSEN, MN 55317 -4530 DAVID L & MELISSA A KITTELSON 6821 HIGHOVER DR CHANHASSEN, MN 55317 -7568 DON W & CHRISTINE A ANTHONY 6700 BRENDEN CT CHANHASSEN, MN 55317 -7570 ERIC & NICOLE MCNULTY 4432 PLEASANT AVE S MINNEAPOLIS, MN 55419 -4938 CARVER COUNTY 600 4TH ST E CHASKA, MN 55318 -2102 CHRISTOPHER C FITCH 6814 HIGHOVER DR CHANHASSEN, MN 55317 -7568 DANIEL MOE 7161 ARROWHEAD CT CHANHASSEN, MN 55317 -4530 DAVID L & AMY M BUSCH 7011 HIGHOVER DR CHANHASSEN, MN 55317 -7572 DENNIS M & JOAN E CLARK 6651 HAZELTINE BLVD EXCELSIOR, MN 55331 -8039 E JEROME CARLSON PO BOX 554 WAYZATA, MN 55391 -0554 ERIC M & PATRICIA E BURDON 6690 BRENDEN CT CHANHASSEN, MN 55317 -7560 CARVER COUNTY 11360 HIGHWAY 212 W COLOGNE, MN 55322 -8016 CLEONE B FOSTER 2275 LAKE LUCY RD CHANHASSEN, MN 55317 -6706 DANIEL P ENBLOM 10610 VALLEY VIEW RD EDEN PRAIRIE, MN 55344 -3709 DAVID L & HOLLY J JESSEN 6618 BRENDEN CT CHANHASSEN, MN 55317 -7560 DENNIS M & JOAN E CLARK 6651 HAZELTINE BLVD EXCELSIOR, MN 55331 -8039 EDWARD & CYNTHIA A BARNOWSKI 2380 LAKE LUCY RD CHANHASSEN, MN 55317 -7561 FRED W & MELISSA A BOEHLER 7027 HIGHOVER DR CHANHASSEN, MN 55317 -7572 GESTACH & PAULSON GREGORY L & NANCY L SCHMIDT HERBERT M & DONNA M HILLMAN CONSTRUCTION 2700 CHES MAR FARM RD 6716 BRENDEN CT 200 CHESTNUT ST N EXCELSIOR, MN 55331 -8041 CHANHASSEN, MN 55317 -7570 CHASKA, MN 55318 -1920 HURRELL LLC IND SCHOOL DIST 276 J ROHS HOMES INC 3081 DARTMOUTH DR 5621 HIGHWAY 101 2155 CARRIAGE LN EXCELSIOR, MN 55331 -7850 MINNETONKA, MN 55345 WAYZATA, MN 55391 -9423 JAMES R & DEBRA J REIFF JAMES S & CANDACE L WISELY JAY D COATTA 2353 HIGHOVER TRL 7048 HIGHOVER CT S 6729 BRENDEN CT CHANHASSEN, MN 55317 -4744 CHANHASSEN, MN 55317 -7569 CHANHASSEN, MN 55317 -7570 JEFFREY MARK ANDERSON JOHN G II & BARBARA K JACOBSON JOSEPH R COOK 6840 HAZELTINE BLVD 6719 BRENDEN CT 6672 BRENDEN CT EXCELSIOR, MN 55331 -8030 CHANHASSEN, MN 55317 -7570 CHANHASSEN, MN 55317 -7560 KATHLEEN E MACK KENNETH R & LISA MARIE PEITZ KIMBERLY K GOERS 6984 HIGHOVER DR 6811 HIGHOVER DR 6709 BRENDEN CT CHANHASSEN, MN 55317 -7567 CHANHASSEN, MN 55317 -7568 CHANHASSEN, MN 55317 -7570 KRISTOPHER M GRIESE MARC J & WENDY E TERRIS MARK S & SHARON S HEMANN 6800 HIGHOVER DR 2358 HIGHOVER TRL 6999 HIGHOVER DR CHANHASSEN, MN 55317 -7568 CHANHASSEN, MN 55317 -4744 CHANHASSEN, MN 55317 -7567 MARTIN P & BARBARA A MILLER MARY A BENTLEY MARY ANN OLSON 2340 LAKE LUCY RD 6810 HIGHOVER DR 2249 LAKE LUCY RD CHANHASSEN, MN 55317 -7561 CHANHASSEN, MN 55317 -7568 CHANHASSEN, MN 55317 -6706 MATTHEW CHAMBERS MICHAEL E & ANNE M RYAN MICHAEL L & AMY C DEGENEFFE 7675 SOUTH SHORE DR 2595 SOUTHERN CT 6654 BRENDEN CT CHANHASSEN, MN 55317 -9317 CHANHASSEN, MN 55317 -7547 CHANHASSEN, MN 55317 -7560 MICHAEL MATTHIAS MICHAEL R ROSE PATRICIA REDMOND WEBBER 7014 HIGHOVER DR 5920 OXFORD ST #11 2735 CHES MAR FARM RD CHANHASSEN, MN 55317 -7572 SAINT LOUIS PARK, MN 55416 -5169 EXCELSIOR, MN 55331 -8041 PAUL J & KRISTI L BORCHERT PETER J MARTIN PING CHUNG 6636 BRENDEN CT 7091 HIGHOVER DR 7000 HIGHOVER DR CHANHASSEN, MN 55317 -7560 CHANHASSEN, MN 55317 -7572 CHANHASSEN, MN 55317 -7572 PULTE HOMES OF MINNESOTA LLC ROGER & SUSAN MARTIN ROXANNE J YOUNGQUIST 12701 WHITEWATER DR #300 6786 HIGHOVER DR 2575 HIGHCREST CIR MINNETONKA, MN 55343 -4160 CHANHASSEN, MN 55317 -7580 CHANHASSEN, MN 55317 -4708 SALLY ANN BARQUIST STEPHEN M & HEATHER L PINT STEVEN J PROKOSCH 2360 LAKE LUCY RD 6750 BRENDEN CT 6732 BRENDEN CT CHANHASSEN, MN 55317 -7561 CHANHASSEN, MN 55317 -7570 CHANHASSEN, MN 55317 -7570 SUSAN QUADY KENNEDI 7100 CHES MAR DR EXCELSIOR, MN 55331 -8833 TAMARA M PETERSON - CAMPBELL 6613 BRENDEN CT CHANHASSEN, MN 55317 -7560 THOMAS & MARY KUHN 6693 BRENDEN CT CHANHASSEN, MN 55317 -7560 THOMAS J & REBECCA J HAGEN 6633 BRENDEN CT CHANHASSEN, MN 55317 -7560 THOMAS W ANDERSON 7075 HIGHOVER DR CHANHASSEN, MN 55317 -7572 TROY A BADER 2244 LAKE LUCY RD CHANHASSEN, MN 55317 -6706 WILLIAM & BARBARA JOHNSON REV WILLIAM 0 & KRISTEN K FLANAGAN YOBERRY FARMS LLC 7060 CHES MAR DR 6653 BRENDEN CT 2575 HIGHCREST CIR EXCELSIOR, MN 55331 -8833 CHANHASSEN, MN 55317 -7560 CHANHASSEN, MN 55317 -4708 CITY OF CENSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 March 30, 2011 Jeffrey Olson SRF Consulting Group, Inc. One Carlson Parkway, Suite 150 Minneapolis, MN 55447 -4443 Administration Re: TEP Comments regarding WCA Replacement Plan Application for Phone: 952.227.1100 proposed T.H. 41Trail and Underpass Project Fax: 952.227.1110 the immediate footprint of the trail. This should be reviewed and Fax: 952.227.1110 Dear Mr. Olson: Building Inspections Wetland 8: Do alternate alignments exist? Based upon the presentation at Phone: 952.227.1180 After review of your application for wetland replacement as associated with the Fax: 952.227.1190 proposed T.H. 41 Trail and Underpass Project, the City of Chanhassen has the Engineering following comments for your consideration and comment: Phone: 952.227.1160 Fax: 952.227.1170 . Please supply a purchase agreement for the wetland credits signed b both PP Y P g g Y Phone: 952.227.1125 parties. At a minimum, a resolution passed by the County Commissioners Finance or County Park Board. Phone: 952.227.1140 wetland with a trail has a strong likelihood effecting hydrology and Fax: 952.227.1110 The purchase agreement for wetland credits states that the impacts and wetland bank to be drawn from are in different major watersheds. The Park & Recreation use of a raised boardwalk. Phone: 952.227.1120 Board of Water and Soil Resources shows a minimum of eight available Fax: 952.227.1110 wetland banks in the same major watershed. Please address the reason for not using these banks. Recreation Center 2310 Coulter Boulevard . Wetland 5: This is a DNR Public Water. Please indicate the OHW Phone: 952.227.1400 relative to the fill being placed for trail construction. Fax: 952.227.1404 Planning & Wetland 8: The proposed alignment goes directly through the center of Natural Resources the wetland. It is likely that this alignment will result in impacts beyond Phone: 952.227.1130 the immediate footprint of the trail. This should be reviewed and Fax: 952.227.1110 discussed. Public Works 7901 Park Place Wetland 8: Do alternate alignments exist? Based upon the presentation at Phone: 952.227.1300 the public review process for the trail alignment, the original preferred Fax: 952.227.1310 alignment involved entering Lake Minnewashta Park north of the currently proposed alignment. This alignment into the park would not Senior Center require any wetland impacts. Please discuss this alternative. Phone: 952.227.1125 Fax: 952.227.1110 . Wetland 22: Given that this wetland is a flow through seep, bisecting the Web Site wetland with a trail has a strong likelihood effecting hydrology and www.ci.chanhassen.mn.us resulting in additional secondary impacts downstream. Impacts to this wetland should be avoided either through realignment of the trail or the use of a raised boardwalk. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Jeffrey Olson March 30, 2011 Page 2 In addition, the following TEP members have submitted comments to the City for consideration. We are passing these comments on to you for your consideration. The TEP members' comments may be redundant but have been included all the same as they would have been had the TEP convened to discuss. The comments, in no particular order, are as follows: Jack Gleason, Department of Natural Resources • I would like to reiterate that `wetland 5' is DNR Public Water Wetland 10 -132W, and the Ordinary High Water Level (OHWL) of it is 995.8 ft. It appears as if the alignment and work required to construct the trail will not occur below the OHWL. A retaining wall is proposed immediately adjacent to this wetland. Please be advised that if the retaining wall or associated fill is placed at or below the OHWL, a DNR Public Waters Work permit may be required. State rules do not allow placement of fill in Public Waters. The DNR Commissioner can waive this prohibition if a road or trail is proposed by a government agency, and the prohibition would prevent or restrict the project or create a major conflict with other public purposes or interest and there is no other feasible or practical alternative to the project that would have less environmental impact and the public need for the project rules out the no -build alternative. The County would have to provide compelling supporting documentation justifying any such Public Water Work application. • Regarding the trail along Lake Minnewashta, the trail may increase runoff volumes. We encourage the City to request storm water management BMPs, such as buffer strips, to help mitigate for the increase in impervious surface coverage in the shoreland area in order to protect water quality. Greg Graczyk, Carver SWCD • Wetland 20: It seems very possible to shift the trail to the south to avoid impacts. We have at times taken into consideration the preservation of desirable trees as a valid sequencing discussion point. Further documentation of this should be noted. • Wetland 22: If I remember correctly, this area was originally missed on the delineation and included after our TEP review of the site. It appeared at the time of the review that this is a seep type area. If I am thinking of the correct area, I have some concerns of the functions of this area post construction. In particular the downstream leg. Potentially some design details at this area may be helpful (subcut depth, base materials, compaction, etc. etc.) • Wetland 8: The replacement plan should include some additional discussion as to why the use of Ches Mar Farm Road couldn't be used. There may have to be some filling off of the ditch off the road to get down to a more level grade but it appears the grade of the trail behind the houses (looking at contours) will put the trail above the designed maximum of 8.33 %. Once again it also appears that there may have to be a significant amount of desired tree removal to utilize this route. This is understandable but should be discussed. Mr. Jeffrey Olson March 30, 2011 Page 3 Ken Powell, BWSR • Per previous TEP review and City approval, the wetland boundaries are appropriate for review of the replacement plan. • Project purpose and need has been adequately identified. • The no -build alternative explanation in the application is short on details. I would expect some discussion of the "master plan" or other document(s) that this project is in conformance with. There is a vague reference to "plans ", but nothing specific is discussed. • , In addition to the no -build alternative, WCA rules require a discussion of a second wetland avoidance alternative (not just any alternative). This should be an alternative that avoids wetland impacts. While this may not be entirely possible, I suspect that with some major rerouting and redesign that there is an alternative that would impact at least very little wetland. I also suspect that such an alternative probably creates problems related to park use, safety, costs, etc. Such a discussion should be part of the application and part of the argument for the proposed plan. The application does not discuss any specific wetland avoidance and minimization measures taken for areas where most of the impacts are proposed. For example, there is a fair amount of impact associated with Wetland 20 (Figure 4A). An obvious question would be why the trail cannot be shifted south to avoid or minimize wetland impact. For Wetland 8 (Figure 4D), there is no discussion of why the trail continues through the middle of the wetland rather than go to either side. I assume there are issues with existing homes, etc., but this needs to be explained. Also, how was the impact through this wetland minimized? Was a boardwalk or bridge considered? Were the side slopes steepened and how much? I support the use of wetland bank credits for the replacement, but I would note that technically the application is not complete unless it includes a signed (by both parties) purchase agreement or application for withdrawal. That provides the evidence for the commitment to use said wetland bank for replacement. The application in my copy is not signed by either party. Minnewashta Park north of the currently proposed alignment. This alignment into the park would not require any wetland impacts. Please discuss this alternative. Mr. Jeffrey Olson March 30, 2011 Page 4 Please respond to all comments and make any appropriate changes necessary to the application by April 15, 2011. A decision will be made at the April 25, 2011 Chanhassen City Council Meeting and Public Hearing. If you have any questions or should require additional information please contact Krista Spreiter at 952.227.1173 or via E -mail at kspreiter @ci.chanhassen.mn.us or Terry Jeffery at 952.227.1168 or by E -mail: tjeffery @ci.chanhassen.mn.us Sincerely, CITY OF CHANHASSEN Krista Spreiter, Natural Resources Technician KS:ktm gAplan\2011 planning cases \l 1 -03 th 41 trail & underpass wetland alteration permit \tep comments_2011_3- 29.doex CHANHASSEN PLANNING COMMISSION REGULAR MEETING APRIL 19, 2011 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Kathleen Thomas, Tom Doll, Mark Undestad, Kevin Ellsworth, Kim Tennyson and Lisa Hokkanen STAFF PRESENT: Kate Aanenson, Community Development Director; Alyson Fauske, Assistant City Engineer; Angie Kairies, Planner; and Krista Spreiter, Natural Resources Technician TH 41 TRAIL & UNDERPASS PROJECT: REOUEST FOR A WETLAND ALTERATION PERMIT IN CONJUNCTION WITH THE CONSTRUCTION OF A PAVED 10 -FOOT, OFF -ROAD, MULTI -USE TRAIL WITHIN TH 41 RIGHT -OF -WAY FROM LONGACRES DRIVE TO TH 7 AND WITHIN PORTIONS OF LAKE MINNEWASHTA REGIONAL PARK. APPLICANT: CARVER COUNTY PARKS, PLANNING CASE 2011 -03. PUBLIC PRESENT: Name Address Jeffrey W. Olson Brent and Christen Carron Karen Weathers Tom Anderson Dennis Clark SRF Consulting Highover Drive 2600 Arrowhead Lane 7075 Highover Drive 6651 Hazeltine Boulevard Spreiter: Good evening Chairman Aller and members of the Planning Commission. As stated an application has been submitted by Carver County Parks for a wetland alteration permit as part of the trail and underpass project. As a result of the project the applicant is proposing impacts to 5 wetlands totaling 15,028 square feet. Of these proposed., 5 proposed impacts staff believes that the applicant has followed the required procedures set forth in City Code for 3 of the impacts. However in regards to the remaining 2 impacts staff believes that further discussion is required as I will discuss in more detail throughout the presentation. To give some background on the project itself, the City Council approved a letter and resolution supporting the County's application for federal transportation enhancement grant funds in July of 2007. This application was approved and the grant was awarded to the County. If completed the trail project will provide a significant pedestrian improvement within the community and is consistent with the City's Comprehensive Plan. The impacts are to be mitigated for using wetland banking credits. The project is to be located along the east side of 41 from Longacres Drive to Chaska Road. Pedestrian underpass is also to be constructed as part of the project just north of the intersection of Ches Mar Farm Road and 41. This will provide safe pedestrian and recreational access to Lake Minnewashta Park. Then from the proposed underpass the trail will continue through the Chanhassen Planning Commission - April 19, 2011 park terminating at the beach area. The proposed trail project is tentatively scheduled to begin Fall of 2011, however plans for the project have not been finalized at this time. This is a closer view of the proposed trail project in relation to the existing trail system. Existing trails are shown in orange with the proposed trail alignment shown in green. Retaining walls are denoted with a dash line. There are 2 proposed retaining walls. One to be installed on the west shore of Brenden Pond, as well as along a smaller wetland just to the south. Both were included as a means to minimize or avoid wetland impacts in these areas. The main objective of the project is to provide a link to the existing regional trail system and provide safe travel for both pedestrians and recreationalists between residential areas, business and commercial areas, schools as well as to Lake Minnewashta Park. You can see that the proposed trail provides a key link between northern and southern trail routes as well as linking the City's trail system to the east with the parks trail system on the west side of 41 and within the park. Now for the proposed impact locations which are denoted in red. Wetland 20 is located on the shore of Lake Minnewashta near the beach area. Wetland 22 just south of the lake access. Wetland 8 and Wetland 2 are located on either side of the proposed underpass and Wetland 5 is located on the west shore of Brenden Pond. I mentioned earlier that 3 of the 5 wetland impacts did not require further discussion so I'm going to begin with those. Wetland 20, again along the shore of Lake Minnewashta. This impact is proposed at 5,663 square feet. Wetland 5 is located along the west shore of Brenden Pond. A retaining wall is to be constructed between the trail and the ordinary high water level for Brenden Pond in order to eliminate impacts below this elevation. The impact here is 3,049 square feet. Wetland 2 is located just east of the proposed impact, or I'm sorry the proposed underpass and the impact would total 218 square feet. City Code requires compliance with the Wetland Conservation, or I'm sorry. City Code requires that the applicant must comply with the Wetland Conservation Act. The Wetland Conservation Act requires that the applicant must first avoid impacts. Second minimize these impacts and finally replace the impacts. City staff and the Technical Evaluation Panel believe that the submitted WCA application should include further discussion on the impacts to Wetlands 8 and 22. Staff and the TEP have submitted comments to the applicant requesting either alternate to these impacts or an explanation as to why the impacts cannot be avoided. For the reasons discussed staff cannot recommend approval of impacts to Wetlands 8 and 22 based on the information that we have at this time. However a condition of approval allows for these additional impacts provided the applicant complies with the WCA process and either avoids these impacts or the arguments that are presented have, prove adequate to the satisfaction of the TEP. Since the time of the staff report the applicant has submitted a memorandum. This will serve as a supplement to the application in response to these comments. City staff and the TEP are actively reviewing the response at this time. I have provided a copy of the memorandum as well as the amended condition number 3 which reflect these changes. The wetland impacts in question. The first is Wetland 8 located just west of the proposed underpass. You can see that the current alignment bisects the wetland. It is agreed by both the applicant and the staff that this will likely result in secondary impacts. The applicant has increased the proposed impacts to include the entire wetland area as reflected in the memo provided bringing the impact amount to 5,662 square feet. Staff still believes an alternate alignment should be discussed under the WCA requirements as well as under the requirements of the City's wetland alteration permit process. Wetland 22 is located just south of the boat launch. It's a perch flow through wetland. The wetland receives hydrology through ground water which then flows to Wetland 11 below. Staff believes that this may cause additional downstream impacts to Wetland 11 and a boardwalk or realignment option 2 Chanhassen Planning Commission - April 19, 2011 should be presented in the WCA application. The proposed impact here is 436 square feet. In conclusion I would like to point out that the applicant has provided full cooperation throughout the application process and staff is confident that the applicant will make every effort to minimize impacts wherever possible, as well as comply with the application requirement. Thus staff is recommending approval with conditions outlined in the staff report. The motion can be found on page 13. This concludes my presentation. At this time I would also like to respectfully reiterate to residents that may be in attendance for the public hearing that the hearing tonight is only for the wetland alteration permit. If there are questions on the trail project in general, those could be directed towards Carver County Parks or the representative Jeff Olson who is here tonight and I've included the contact information listed here for the Carver County Parks Director as well as their website. Thank you and I would be happy to take any questions at this time. Aller: Thank you. Any questions from any commissioners at this point? Ellsworth: Yes Andrew. More on process just because I don't understand the whole process. Spreiter: Sure. Ellsworth: Four questions I guess. And maybe I can just read them off. The role of the Water Resources Coordinator. In the beginning it talks about and authorizes the Water Resources Coordinator to sign a joint notification and so on. I don't know what that role, that person is. And then the role of the Technical Evaluation Panel and have they met and, is this some of the responses from the TEP that was on our, when we got here? And then what do they do and who are they and how are they appointed? Maybe I should know all this. Spreiter: No. Ellsworth: And then sequencing, what? In the context of this analysis that was put together, I couldn't quite interpret what that meant. It's probably very simple and I'll go duh when you tell me. And then maybe later a question for Carver Parks. Why is it paved and not gravel? Everything in that park is gravel except a small section of road. It just seems to really change the character and add to the load and maybe that's not a pertinent question for tonight. We're just talking about the wetlands. Spreiter: Okay, I will try to address those the best I can. The Wetland Resources Coordinator is the authorized representative for the City so the City is actually the LGU. They hold, they can approve or deny the application. Terry, our Wetland Resources Coordinator is just the one who is appointed to sign it so he has to have approval from the council first. Or authorization. Aanenson: I was just going to point out too, you know we are the LGU but in some instances it's the watershed district. We have the local control here so that's the part that they play in it. Spreiter: And then, I believe your next question was on. Ellsworth: The TEP. 3 Chanhassen Planning Commission - April 19, 2011 Spreiter: The Technical Evaluation Panel and who they are. They're basically a panel of representatives from applicable agencies that provide interpretations of the WCA process, laws, rules as well as provide technical data. Their role in this case as well would be to make a ruling on sequencing and I know that's a term that not everybody has heard but they help the LGU come to a determination or make a recommendation. They don't make the determination themselves. As far as sequencing goes, to my understanding it's just the process that the applicant has to follow in the application process for the Wetland Conservation Act. The response, the memorandum that you have in front of you, that's the applicant's response to the Technical Evaluation Panel's comments so I believe the original comments that were sent to the applicant are included in your packet but they also address them in that chart. I know the font is very small but they list the cities as well as the evaluation panel's comments on the left and then their response to each of those comments on the right. Aanenson: Mr. Chair if I could just add to that. I think what's important, Krista said that there's a TEP panel but if you look at what she just said on who the commenters are, that would tell you who's on the TEP panel. It's someone from the DNR. Ellsworth: Exactly. Aanenson: Someone from the, a different conservation watershed district. So that gives you, BWSR who's over the, so you've had a lot of different input and that's kind of steering those comments. I know it's a little hard to read that font but. Ellsworth: And it's advisory in nature and then the recommendations are given to whom? Spreiter: To the LGU, so us. Ellsworth: Alright, thank you. Very helpful. Thomas: Actually I do have a question. I'm just kind of trying to read through the memorandum that we got today and I was just trying to, just kind of verify. Does the applicant believe that our recommendations for Wetland 8 and 22, that they should be able to meet like what we're kind of asking before next, the council meeting on Monday? Do we feel like they'll be able to, oh okay. Maybe I will save for the applicant. Spreiter: Sure, the applicant can, they have addressed each of our. Thomas: Concerns and issues? Spreiter: Concerns. We're still getting comments from some TEP members and so, and Terry's still kind of deciding what his position is on it as a member of the TEP so I guess. Thomas: I can wait. I'll wait til everybody else. in Chanhassen Planning Commission - April 19, 2011 Aller: I guess the big question is if we have that in the conditions though. If we make this motion this evening to move forward and present it to the council as approved it would contain the conditions that 8 and 22 be dealt with appropriately and under the code prior to their making a determination and final decision. Spreiter: Correct. Aller: Tom, anything? Doll: Basically this is 3/10 of an acre wetland that's going to be disturbed. Spreiter: Yeah. Doll: For the whole project. Spreiter: Yep, it is under an acre total even with the increased impacts so it's not a lot of impact. However the applicant still has to follow the process so. Doll: Okay. Aller: Mark. And then just to confirm, because we're using a bank that's in the same county we're going to be able to get a benefit from that? It's going to be a lower exchange rate? Spreiter: I'm sorry, would you repeat that last part. Aller: On the wetland bank that we're using, if we're going to be purchasing or the applicant's going to be purchasing, they're getting a benefit because it's within the same county. Spreiter: Yeah, they have to meet, in order to get the, yeah I guess the 2 to 1 replacement ratio. They have to follow a certain priority as well. The City has it's own priority but through the Wetland Conservation Act, that kind of has a separate priority so we can request that they follow our priority but at a minimum they need to follow the Wetland Conservation Act priority which basically just says in the same county, which they've done and provided. The applicant, go ahead. Jeff Olson: I'm sorry, I don't mean to interrupt. We. Aller: Why don't we go ahead and come on up unless anybody has any other questions. And if you please, go ahead. The applicant's going to be represented by Mr. Olson. Jeff Olson: Sure, thank you. Members of the Planning Commission, it's a pleasure to talk to you tonight. One comment on mitigation. Typically whichever rules you look at, whether it's local rules or WCA rules, they prefer that you find mitigation that are as close to the impacts as possible so there's not a net kind of ushering away of the functions and services of those wetlands. We've looked for mitigation credits within Chanhassen and then we've looked at, we weren't able to find any. Then we looked within the major watershed, which is watershed 20, Chanhassen Planning Commission - April 19, 2011 which is a fairly large watershed and there were 2 viable opportunities. Banking opportunities in those. You'll see in the memo that, in one the comments in our response to the comments, we explain that the 2 banks, approved banks that we found in watershed, major watershed 20 are actually in Hennepin County but in the same watershed as here and they're located in the city of Medina and we did, because it's in the same major watershed we did get a 2 to 1 ratio. If you go further afield sometimes it goes up to 2.25 or 2.5 to 1. We were able to get the 2 to 1 so we, in the memorandum that we submitted we asked for you know, if you would consider those banking opportunities within major watershed 20 to be a possibility for us. We're not aware of, there are opportunities that would be closer but not within the same watershed so. I don't know if this is an appropriate time to talk about a little additional information about Wetlands 8 and 22? Aller: That would be great. Jeff Olson: Wonderful. I'll roll out a map here and it'll I guess be projected right up there. If I do this correctly here. Maybe we could talk about Wetland 20 first. That's right where my finger is. Okay so right in the middle there. Aller: Mr. Olson, just not to rearrange your whole presentation but it might be helpful to us if we hear you go through the 3 requirements. Jeff Olson: Oh the sequencing? Aller: The sequencing so. Jeff Olson: Oh absolutely, sure. The 3 sequencing requirements are wetland impact avoidance, and if you can't completely avoid it's minimization and for what you can't avoid with proper minimization, then you move on to mitigation. Aller: And then how that applies to 8 and 22. Jeff Olson: Okay. Yeah, absolutely. Okay. Wetland 22 is a seep wetland that water kind of flows out of the hill to the, across the gravel road. Flows out of the hill and actually probably flows underneath the gravel road. Forms a seep so what we've done for Wetland 22 for minimization is, there's a, that's a section of the trail that has essentially almost no fill and no cut. The only fill would be the 6 inch gravel base and the bituminous cover but it's about as narrow, it's got the 10 foot trail with 2 foot clear zones on either side of the trail which is about as narrow as we can make it. Also the, so the profile's very low. That tends to keep the footprint very narrow. We also are impacting the skinniest portion of Wetland 22. There's kind of a thick part right up here and then it's got kind of a skinny tail that points down toward Lake Minnewashta. And so those are 2 examples of minimization. The third example of minimization is right where the trail goes currently, across that wetland, it's currently actually a dirt, a little dirt road that kind of cuts through the wetland right now. There's kind of two ruts that go through it and that's exactly what, there's essentially no vegetation right in that little part of the wetland where the trail crosses it so there's, that's 3 examples of minimization there. Let me talk about some of the difficulties of totally avoiding wetland impacts to that one. Back up a C� Chanhassen Planning Commission - April 19, 2011 little bit. Okay so you might think that you can move the trail a little closer toward Lake Minnewashta. Up this way. The problem with that is when you get to the very end of Wetland 22, that skinny portion, it's already, it goes down a very steep hill into that lobe of Lake Minnewashta and it's already at the very end of Wetland 22, it's already kind of starting a little V cut. A little bit of gully erosion is already starting going down there so it would be, it would not be a good idea to minimize impacts by moving the trail closer to where that V cut is starting down the hill. So that option wouldn't work out so well. Now also, if we move the trail onto the gravel road that would present some real safety issues because that happens to be a very tight curve in the gravel road. Motorist sight distances are not good right there and it's not a good idea to put the trail right on a portion of the gravel road that has such poor, mostly horizontal sight distances there. As a matter of fact if you'll, if you look where the trail currently crosses the gravel road right here, it's, we chose a straight away to cross so there would be adequate sight distance for motorists to react to recreationists crossing the trail. In a previous version of the trail it actually crossed here but then we thought better of it and, because that had the same sight distance issues here, don't want recreationists crossing when motorists don't have really good horizontal sight distances. So the same thing is true here. If we move the trail onto this piece of gravel road, it would be the same thing. You'd have recreationists, it would be a safety issue with motorists not being able to see them as well as they should so that's, that kind of talks about how we've minimized and how we can't further avoid wetland impacts to Wetland 22. Ellsworth: Mr. Chair. Aller: Yes, Commissioner Ellsworth. Ellsworth: Mr. Olson. Jeff Olson: Yes. Ellsworth: That must be a seasonal seep. It's dry in the summer isn't it? Jeff Olson: Yeah. It, there's not a lot of hydrology in it. There's not a lot of water in it but as you kind of hike through it you can kind of see mix of sedges and vegetation which, yeah. It is probably wetter right now and not so wet late in summer. Ellsworth: Thank you. Jeff Olson: Maybe I could briefly talk about Wetland 8. Aller: Please. Jeff Olson: It is close to the, where the underpass is. This is Wetland 8 right here. Here's where the underpass is and then this trail goes through this ravine between Ches Mar Drive and TH 41. We actually early on, you'll I think see in Figure 5 of your memo that you have in front of you, you'll see the 2 alternatives that we explored early on for this one. There's another, the current alternative goes, current alternative goes like this. And then the other alternative that we explored actually went like this and then cut up through these woods and then met up with this, 7 Chanhassen Planning Commission - April 19, 2011 with the trail again here. There were 2 problems with the other alternative. There's a severe erosion problem in this valley between Ches Mar and 41 right now. There's a little bit of surface water that kind of flows down a ravine here and then about right at this point it goes over about a, maybe a 10 foot cliff or so and it carries sediment with it. It's pretty severe and it flows in a culvert I think underneath Ches Mar and then this white area right here is actually the sediment delta in this wetland right here that has eroded out of this valley right here. So it's all kind of depositing right in here. So for that reason we didn't want to disturb those highly erodible soils further down in the valley because as this, as this issue keeps cutting back up the valley it could, it might ultimately affect the trail so we didn't want to disturb that. Another thing, we did not want to cut a 30 foot wide swath through this forest right here, which is composed of fairly mature trees. The 30 feet would be the 10 foot trail, 2 foot clear zones on either side and then whatever side slopes would be necessary to tie into existing elevations. So those are kind of the reasons why we chose to go where we did go. This wetland is, it's almost completely reed canary grass, which is an invasion wetland plant species, so it's not floristically very rich in there. It is still a wetland impact. We understand that and we did agree with members of the TEP that if you go right through the middle of the wetland there would be probably an additional .06 acres of wetland impact that aren't actually within the footprint but are immediately adjacent to it and so we agree that that would be a total take of that wetland. That's why on the first page of the memo we adjusted the impacts up from the original. Doll: Did MnDOT tell you this is where the crossing is going? I'm kind of wondering why it's not up closer to the entrance of the park where you wouldn't. Jeff Olson: I really can't answer that. I don't know that we had a directive from MnDOT to put it there. You know I'll just say having hiked the whole area and having done the delineations out there, I can tell you topographically this is probably about one of the only places that would support an underpass because they're, the road at that point where the underpass is proposed is on a lot of embankment and there's just not that amount of embankment if you go up closer to the entrance. There'd be, you'd have to tunnel a long way I think. But you know probably Mike McGarvey in our landscape architecture section, trail design section in our company would probably have some more information about that. Are there any other questions that I can help answer? Aller: Anyone? Commissioner Ellsworth. Ellsworth: Why is it asphalt instead of a Class V? Jeff Olson: You know I guess I'm not prepared to answer that and I can get an answer to you. Ellsworth: Just curious more than anything. Jeff Olson: Yeah, absolutely. I can get that into you. I guess I would recommend given what I've mentioned about Wetland 8 and Wetland 22 and perhaps an answer to your question about why it's asphalt. Maybe if it would be okay with the Planning Commission and members of the TEP, if we can maybe just incorporate some of those comments and amend this supplement and answer those questions for you. Chanhassen Planning Commission - April 19, 2011 Ellsworth: That'd be great. Aller: Anything else? Thank you. With that we'll open the public hearing so anyone that would like to speak on the matter from the public that's here can step forward. State your name and let us know why you're here sir. Dennis Clark: My name's Dennis Clark and I live at 6651 Hazeltine which is across from the park. Aanenson: Can you put the map up there Krista? Spreiter: Sure. Dennis Clark: And I think I can answer a couple of your questions about the blacktop and a lot of those things. Aller: Great. Dennis Clark: I'm fairly involved with some of the things that go around the park. Let me see here so I can kind of. Aanenson: Do you have a better overview of just the neighborhood? Dennis Clark: The whole Highway 7 and probably page, Figure 4 would probably help and I can just point out... Okay. This is my property right here. This section, it's about 7 acres and the trail's going to run up in the, it looks like it's going to go to the school entrance and come down across the front, down in the park there. Now you asked a question why isn't the trail going across at the entrance. There was no public hearing on that so this is the first time I've heard about it. But the fact is, is that the trail is actually on the other side of the road already. The trail that goes around the rest of the lake and west of the metro area crosses right here where you see the L and I think that, you said it was in orange before on another map where the bike trail is and I guess is what I'm questioning is why didn't the trail come along on the other side of Highway 41 where there's already a public trail. There's a snowmobile trail there. It goes right past the dog part up to the entrance. Then you wouldn't have this disruption here and you can cross here at the school crossing which the traffic is slower because you've got a stop light down there and school crossing and what have you. Minnetonka School just spent $200,000 putting in a holding pond which you can barely see right there and a very extensive drainage system for all this blacktop coming off of this hill down into this pond. DNR made them dig up a lot of the silt and things like that that you're talking about that is over in this pond and put in a very sophisticated, what would I say? Ditch system for that runoff. So I'm questioning how they're going to even build this trail now on top of that. Now the other thing is all your utilities which this is all, by the way my property only goes to the middle of 41 so this is. Aller: Mr. Clark, we can't pick you up on the microphones so the public can't hear you. If you could step over to the podium that would be great. 9 Chanhassen Planning Commission - April 19, 2011 Dennis Clark. Sorry. Aller: That's okay. Dennis Clark: Now the question is, I know we've got a little impact down there and by the way I've got to say this is a great deal. This bike trail. I bike all over Chanhassen so I like it. Love the park. The park is probably going to get paved. The roads. If they'd just move some of that money off of the other parks and that's coming back probably this year or next year because those clay roads in there are terrible. But the bike trails is basically this is going to be a bike trail, you want to be on pavement so that's good that it's on pavement. I think the impact on that one water area, I'd have to agree with you is minimal. Down by the boat ramps but you actually got people crossing the road 3 times down there. You've got to cross the road one way. Then you've got to cross the road the other way. Then you've got to cross 3 different places where you've got boats coming in. People going into the trails and then you've got to cross the road where people are coming down that road fairly fast. So again, I never heard of any input on this, this trail. Seems like putting a tunnel underneath Highway 7 can't be a cheap deal when again the trail's already on the other side of Highway 7. You're just going under and then going back across again. I cross roads all the time. I'll love the tunnel. Won't bother me. Just seems like it's an awful lot of money being spent to get under Highway 7 and then you're going back along Highway 7. Aller: Mr. Clark, is that 41? Dennis Clark: 41. What am I saying? 7. 41. I live on 41 and I'm calling it 7. You're going along Highway 41, and I know we're only here to talk about these 2 wetlands but I'm using that as an excuse. You basically just put a 300 foot public pier along that pond because that's what it's going to be, that's what that's going to become is because now the public right -of -way is going to be closer to the pond, which just means you can have 10 people fish that pond out, which everyone that lives around that pond has been stocking that pond because it's frankly a private pond at this particular point. You've now just made that, like I said, a 300 foot public pier for people that eat fish and have been known to take over their limits. But back to the wetland impact which is what the meeting's about, that trail does cross, the trail going into the park, 3 times so I just don't understand why it didn't come in on the west side of 41. Down the hill. Along the road. Was it ever, I guess the question would be, was that ever thought about? Aller: Why don't we wait for the questions. Why don't you finish, if you have additional questions then we'll take those and then we'll ask Mr. Olson to come back up and answer them. Dennis Clark: Okay, that'd be fine. That was pretty much my only curiousity in the meeting hereof why aren't they just coming in at a different spot. Or making the road cross at the place where traffic has to slow down already for the entrance and, of the park and you're coming up the hill. The further you've got the crossing towards the stop light, the slower the traffic is and then maybe some day we can get the speed limit on 41 lowered to 50 like the rest of everyone else from here all the way through Chaska has done. I mean Bud Olson would recommend it. We've had I don't know, 3 or 4 near misses out there with bus accidents. 10 Chanhassen Planning Commission - April 19, 2011 Aller: Okay, thank you for your presentation Mr. Clark. Aanenson: Mr. Chair before we, the, Mr. Olson's here to talk about the wetlands so you know I just want to say that Carver County Parks and our City Parks and Rec Department, Park and Rec Director Todd Hoffman have been working on this project so we can't comment on the decisions that they've made based on their location, geometrics, all that stuff. I can't comment on that and if we can get that information out, we'd be happy to do that but what you recommend here would not go forward unless the project was to go forward. What we're looking for is the wetland. If your review of that and input to the City Council and obviously nothing would change out there if the project didn't go through, or they made some changes. Then it would have to come back through. Significant changes. I think the way that the wetland alteration permit is structured that there is some flexibility in there so some minor tweaking based on those comments so. What we're here tonight to decide is if it's appropriate based on the location that's been sited by others. If that makes sense so and again if the project does go forward. Aller: Thank you. Is there anyone else from the public that would like to testify or ask questions? Then I just have one quick question of Mr. Olson, if you would. Would changing the crossing or coming up on the other side have any impact at all on the amelioration that we're requesting tonight? Jeff Olson: Would there be different wetland impacts? Aller: Yeah, would that change the request that we'd be making tonight? Jeff Olson: Well I think yeah. I think if the trail along the 41 section of the trail, if it did go along the west side of 41, I'm assuming the wetland impacts would be slightly different. There wouldn't be I believe 0.07 acres of impact at Brenden Pond. Trying to think. Is there one other one along 41? Aanenson: The question is if there's more impacts on the other side of the street or not, correct? Aller: Right. Aanenson: We don't have that information. Aller: Okay. Aanenson: I don't know if Krista knows off the top of her head. If there's more wetlands on the county side or not. Spreiter: I don't know. I can say that you know there has been other routes explored by the County. However this is the preferred route that they've come up with because of issues with alternate routes. Just you know I can't speak for, again I can't speak for the Carver County Parks Director. He would probably be the best one to contact regarding any of that information. 11 Chanhassen Planning Commission - April 19, 2011 Aller: In looking at the request for Wetlands 8 and 22, some of those issues would be best left to the amendment of the application so that you could put that in as an alternate route and make those discussions so that the City Council can review that and look at that and I think that would make the application that much more complete and I think that's what we're requesting in our conditions. Jeff Olson: Sure, sure. Okay. Absolutely. Yeah, we can beef up the discussion of alternatives as to why. You know why we've selected the preferred alternative. Aller: Thank you. Karen Weathers: Can I make a comment or is it too late? Aller: I haven't closed it. You can step forward. State your name and. Karen Weathers: Real quick. Karen Weathers. I live in Highcrest and have been here 20 years. I remember some of the early conversations. The reason it is there is because of the embankment as I recall. You can verify but that's the only place feasible. The second thing, I think if you move it to the other side it doesn't feed where all the residents are. You know you'd only have one place. You have to go up by 7 to cross over and there's not much for residential feed the way the one flows now. So those are probably some of the considerations. Aller: Thank you. Okay, no one else stepping forward. I'm going to close the public hearing. Discussion by the commissioners. Commissioner Tennyson, what do you think? Tennyson: I'm a little concerned just being dropped into the middle of this, not having heard how it happened before. Just reading TEP panel recommendations tonight. I don't think I have any specific questions at this time. I guess I'd like to see what the rest of the commissioners think on this. Aller: Great, thanks. Commissioner Ellsworth: Ellsworth: Yes Mr. Chair. I think that staff has done a very good job addressing the concerns that were raised and meeting the requirements for the various agencies and different rules and it appears to be well thought out and well put together. It is a park that I frequent probably twice a week. It's an awesome park and it's neat to see more access to it and I know the pavement issue's not a topic for tonight but I was surprised to hear that all the roads would be paved too. It is sloppy to drive in there sometimes but it's part of the character of the park for me but that's neither here nor there for tonight's conversation but, so I think it's well put together and all the issues that I had were, again were process related than necessarily the outcome. Aller: Commissioner Thomas. Thomas: Yeah I too, I don't think I really have any, I didn't have any real questions for it. I just kind of, nice to see the updated motion for the additional stuff. That was really helpful and feel 12 Chanhassen Planning Commission - April 19, 2011 like just looking at seeing what we can do for 8 and 22. Looks like it's well put together. We should be good. Aller: Commissioner Doll. Doll: I have nothing. Undestad: No. Aller: Commissioner Hokkanen. Hokkanen: No, looks good. Aller: No further questions, okay. Then I'll entertain a motion if there is any. Undestad: I'll make a motion here. I make a motion the Planning Commission recommends the City Council approve Wetland Alteration Permit #2011 -03 to impact 8,931 square feet of wetland for the purpose of the construction of the proposed trail and underpass and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown on plans dated received February 22, 2011 and based upon the included Findings of Fact and subject to conditions 1 through 4. Thomas: I second that motion. Aller: Okay, having a motion and a second, any further discussion? Undestad moved, Thomas seconded that the Planning Commission recommends the City Council approve Wetland Alteration Permit 92011 -03 to impact 8,931 square feet of wetland for the purpose of the construction of the proposed trail and underpass and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown on plans dated received February 22, 2011 and based upon the included Findings of Fact and subject to the following conditions: Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. 2. Wetland buffer areas shall be preserved, maintained, and /or created around all existing wetlands in compliance with Minnehaha Creek Watershed District Wetland Protection Rule, effective September 1, 2010. 3. If the applicant can demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 8 (5,662 square feet) cannot be avoided, then the additional square feet may be impacted as described in the supplement to the application dated April 15, 2011, prepared by SRF. 13 Chanhassen Planning Commission - April 19, 2011 4. Impact to Wetland 22 shall be avoided through use of boardwalk or other approved avoidance method. If the applicant can demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 22 (436 square feet) cannot be avoided, then the additional square feet may be impacted as shown in Figure 4C in the Joint Notification Application prepared by SRF dated January 31, 2011. 5. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and Army Corps of Engineers and comply with their conditions of approval. 6. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. 7. The applicant must obtain, and the city must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. 8. A signed Landowner Statement and Contractor Responsibility form shall be provided to city prior to commencement of activity. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Aanenson: Thank you. Mr. Chair I just want to remind you that this does go to the City Council on the 25 Aller: Yes, so those individuals who wish to follow this should, because it's fast tracked, it'll be next Monday the 25 Before the City Council in these chambers. 14