1D MN Arboretum WetlandCITY OF
P.C. DATE: 4-3-01
C.C. DATE: 4-23-01
RVW DEADLINE: 6-8-01
CASE #: 2001-1 WAP
BY: tta~
STAFF
REPORT
PROPOSAL:
LOCATION:
APPLICANT:
Wetland Alteration Permit to fill. 2,000 square feet (0.05 acre) of a city-'-
classified Natural Wetland for road construction
University of Minnesota Landscape Arboretum Property
South of Trunk Highway 5 and west of Tnmk Highway 41
Mr. Peter Olin
University of Minnesota Landscape Arboretmu
3675 Arboretum Drive
P.O. Box 39 . ..
Chanhassen, MN 55317
PRESENT ZONING:
A2 Agricultural Estate District
ACREAGE:
The Arboretum owns over 650 acres of land in this area.
ADJACENT ZONING
AND LAND USE:
Ni
Highway 5 and Residential
Residential (Chaska)
Highway 41 and Office/Industrial
Residential (Chaska)
SEWER AND WATER:
The property is on City sewer and water.
SITE CHARACTERISTICS:
The site is a heavily wooded and contains a number Of large
wetlands. Wetlands lie on either side of thb existing road
(formerly Highway 5). The Arboretum currently has several
buildings (including a visitor's center and learning center),
picnic shelters, parking lots and display gardens.
2000 LAND USE:
Public/Semi-Public
Mr. Peter Olin
April 23,2001
Page 2
BACKGROIIND
The University of Minnesota Arboretum is currently improving their existing facilities. These
improvements include a "glass house," expanded learning center, and a new visitors center.
Because the University of Minnesota has been given certain authorities by the State of Minnesota,
the City of Chanhassen does not have the authority to administer the building code on buildings
constructed on land within the Arboretum. However, the Arboretum is not exempt from the
requirements of the Minnesota Wetland Conservation Act (WCA). Since the City is the local
government unit (LGU) for WCA, the City will review and make findings on all WCA-related
matters.
This project proposes 2,000 square feet of wetland fill for road construction at the University of
Minnesota Landscape Arboretum (Arboretum) south of Trunk Highway 5 in Chanhassen. The road
construction is proposed in conjunction with the remodeling of existing facilities and construction
of new facilities on the Arboretum property. The work proposed with this project will involve fill
above the ordinary high water (OHW) level. (Only fill that lies below the OHW is under the
jurisdiction of the Minnesota Department of Natural Resources (DNR).)
WETI ~ANDS
Two natural wetlands exist on-site. (Natural wetlands are those classified as such by the citY's
Surface Water Management Plan. The "natural" designation ir/dicates that wetland integrity has.
not been significantly impacted by adjacent development.)
Wetland A
Wetland A is a DNR protected wetland (10-206W) that was classified by the City as natural
wetland. It is located in the southwest portion of the property. The basin is dominated by reed
canary grass and cattails. It also contains a few tamarack trees and shrubs. No wetland impact is
proposed in this basin.
Wetland B
Wetland B is a natural wetland located just northeast of Wetland A and south of Trunk Highway
5. It is hydrologically connected to DNR public water 10-9P (Lake Minnewashta) and has been
separated from the main body of the lake by Trunk Highway 5. Reed canary grass, purple
loosestrife, sedges and cattail dominate the basin. The proposed wetland impact (2,000 square
feet of fill for road construction) will occur in the drainageway between Wetland A and Wetland
B.
Sequencing
The applicant proposes 0.05 acres of wetland impact for road construction. The applicant has
provided wetland impact avoidance alternatives and sequencing. Since realigning the road to
avoid the ditch is not feasible due to the placement of the existing Learning Center and realigning
the road would likely impact the wetland located on the south side of the road, staff considers the
wetland impact unavoidable.
Mr. Peter Olin
April 23, 2001
Page 3
Mitigation and Banking Summary
Recent changes in WCA have eliminated the "deductible" approach to the de minimis
exemption. Therefore, projects with wetland impacts over the de minimis must incorporate 2:1
wetland replacement for each square foot of impact.
The applicant has presented a site plan that proposes to fill 0.05 acres (2,000 square feet) of
wetland in Wetland B. This wetland impact falls under the jurisdiction of WCA. Since proposed
wetland impacts exceed the 400 square foot de minimis, WCA requires 2:1 mitigation for all
wetland impacts. That is, for every acre of wetland filled or destroyed, two acres of new wetland
must be created to compensate for the loss (in this case, 4,000 square feet of mitigation). The
first acre, or first unit of wetland replacement, may be provided through new wetland credit
(NWC). The second acre, or second unit of wetland replacement, is called public value credit
(PVC). While NWC must be in the form of a newly created wetland or NWC from a wetland
bank, PVC may be new wetlands, restored wetlands, storm water treatment ponding, increased
buffer areas or any combination thereof.
The plans for the project show 0.05 acres (2,200 square feet) of new wetland creation in an
upland area in the northeaSt comer of Wetland A. The applicant should provide proof of'
recording of a Declaration of Restrictions and Covenants for Replacement Wetland. (The
applicant should work with staff to draft this document.) The City must approve the wetland
replacement plan prior to any wetland impact occ .urring. The W~ etland mitigation area should be
constructed prior to wetland impact occurring and'~should meet the City's buffer strip and
structure setback requirements. The plans should be revised to show the required buffer strip (10
to 30 feet wide with a minimum average width of 20 feet) and structure setback (40 feet from the
outer edge of the buffer).
The City of Chanhassen has offered to provide the Arboretum with the additional 0.04 acres of
PVC (1,800 square feet) needed to achieve 2:1 replacement for several reasons: 1. The
Arboretum has proposed best management practices (such as rain gardens, infiltration basins and
swales) for this portion of the project. City staff is interested in studying the feasibility of such
practices and would like to offer the Arboretum an incentive to incorporate them into their
project; 2. One of the easiest ways to gain PVC is through storm water ponding. Since the
Arboretum has not proposed storm water ponding in this phase of their project, they cannot
obtain PVC through storm water ponding; and 3. The City has PVC in the wetland bank.
Typically, PVC is only used when NWC is needed. The City has far more PVC than NWC, so it
is not burdensome to the City to make this offer.
Additional V~etland Issues
The preliminary plan shows a proposed pipe discharging directly from rooftops and paved areas
into Wetland B. Storm water should not be discharged into any wetland basin prior to
pretreatment.
Mr. Peter Olin
April 23, 2001
Page 4
Type III silt fence should be provided adjacent to all fill areas, areas to be preserved as buffer or,
if no buffer is to be preserved, at the delineated wetland edge. The applicant will be required to
re-seed any disturbed wetland areas with MnDOT seed mix 25 A, or a similar seed mix that is
approved for wetland soil conditions. Drainage and utility easements should be provided over all
existing wetlands, wetland mitigation areas, buffer areas used for mitigation credit and storm
water ponds. Wetland buffer areas should be preserved, surveyed and staked in accordance with
the City's wetland ordinance. The applicant should install wetland buffer edge signs, under the
direction of City staff, before construction begins and will pay the City $20 per sign.
OTHER ISSI~ES
In the best interest of the City's water resources, staff has identified some additional concerns
regarding the proposed project:
1. Storm pipe connecting public waters/wetlands is considered public and requires a 20-foot
wide easement;
2. The rim elevation for Manhole No. 2 should be 956.0;
3. Show the proposed invert elevation of the storm sewer on Wetland A; and
4. Show the survey benchmark on the plan.
PI~ANNING COMMISSION IIPDATE
On April 3, 2001, the Planning Commission reviewed this application and unanimously
recommended the City Council approve Wetland Alteration Permit #2001-1 subject to the
conditions set forth in the staff report. The Planning Commission was supportive of staff
offering 0.04 acres (1,800 square feet) of public value credit to the Arboretum in exchange for
the Arboretum incorporating rain gardens, infiltration basins and permeable pavement for
demonstration and research purposes.
RECOMMENDATION
Staff recommends that the City Council approve Wetland Alteration Permit #2001-1 to allow
wetland fill for road construction as shown on the plans prepared by James Robin, Landscape
Architect, dated March 9, 2001. Approval is subject to the following conditions:
Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The applicant shall provide proof of recording of a
Declaration of Restrictions and Covenants for Replacement Wetland. The City shall approve
a wetland replacement plan prior to any wetland impact occurring°
Mr. Peter Olin
April 23, 2OO 1
Page 5
2. The wetland mitigation area shall be constructed prior to wetland impact occurring and shall
meet the City's buffer strip and structure setback requirements.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e.
Minnesota Pollution Control Agency, Minnehaha Creek Watershed District, Minnesota
Department of Natural Resources, Army Corps of Engineers and comply with their conditions
of approval.
4. Storm water shall not be discharged into any wetland basin prior to pretreatment.
5. Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no
buffer is to be preserved, at the delineated wetland edge.
6. The applicant shall re-seed any disturbed wetland areas with MnDOT seed mix 25 A, or a
similar seed mix that is approved for wetland soil conditions.
7. Wetland buffer areas shall be preserved, Surveyed and staked in accordance with the City's
wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction
of City staff, before construction begins and shall pay the City $20 per sign.
8. A 20-foot wide easement shall be provided oVer storm pipe .qonnecting public waters/wetlands.
9. The rim elevation for Manhole No. 2 shall be 956.0.
10. The proposed invert elevation of the storm sewer on Wetland A shall be shown.
11. The survey benchmark shall be shown on the plan.
ATTACHMENTS
1. Minutes from April 3, 2001 Planning Commission Meeting
2. Wetland Replacement Plan Application
3. Water Resource Project Notification/Application Form
4. Notice of WCA Application for Impacts < 10,000 Square Feet
5. Letter from P. Olin to L. Haak
6. Notice of Public Hearing
7. Draft Declaration of Restrictions and Covenants for Replacement Wetland
8. Corps of Engineers Authorization
GSENGkLORI~DM~L~ING~boretum WAP CC.doc
Planning Commission Meeting - April 3,2001
needs to be lined up. Other than that I think it's a straight forward shot. I'm happy with the 5,000 as a
ceiling. I hope that's not going to be changed too frequently and I think it allows the intent that was
stated that we try to accomplish here that in cases where there is a need, it can be more than 500.
Sidney: Okay. May ! have a motion please.
Sacchet: Madam Mayor, I move.
Sidney: That's 3 times.
Sacchet: Madam, oh Chair. Mayor and Chair. Alright, the mayor and the chair. Madam Chair, alright
not quit yet the mayor. And I move that we adopt the ordinance amending Chapter 20 of the Chanhassen
City Code, the City Zoning Ordinance concerning grading and erosion control as proposed. With two
changes. Well actually three changes. That we don't say Minnesota Department of Transportation in the
title. That we say allowable instead of required in the middle of paragraph (a) and I do agree with Mr.
Karlovich that feet and inches would be more easily understandable than the single and double squiggles.
Kind: I'll second that motion.
Sacchet moved, Kind seconded that the Planning Commission recommends approval of
amendments to Chapter 18, Subdivision Ordinance and Chapter 20, Zoning Ordinance .regarding
Section 20-94, Grading and Erosion Control with the following amendments:
1. Deleting "Minnesota Department of Transportation" in the title.
Using the word "allowable" instead of"required" in the middle of paragraph (a).
,.
Inserting the word "inches" after (4") in paragraph (c).
.
o
All voted in favor and the motion carried unanimously 6 to 0.
PUBLIC HEARING:
REOUEST FOR A PERMIT FOR FILLING OF 2,000 SO. FT. (0.05 ACRES) OF WETLAND
FOR ROAD CONSTRUCTION LOCATED AT 3675 ARBORETUM DRIVE, MINNESOTA
LANDSCAPE ARBORETUM.
Lori Haak presented the staff report on this item.
Sidney: Questions of staff.
Sacchet: Yeah, Madam Chair. Well first of all I had a fantastic adventure trying to read this blueprint.
Trying to figure out where is actually road and stuff. I mean the parking lots are somewhat clear because
of the little parallel, sort of parallel lines but I just want to clarify, make sure I got this right. There is
really like almost a circle road around the parking lot, right? I mean there's a road on the north side of
the parking lot as well.
Haak: Actually if we could hold off on that question.
15
Planning Commission Meeting- April 3,2001
Sacchet: Sure, we can wait for the applicant. Okay, I'll address that with the applicant. Now I do have
some other question though for you too. Now when you said where the fill actually happens for the
wetland, that's just that little triangle in the very top?
Haak: Actually that's what was taken out °fthe original proposal. The cross hatched area. It's actually
the drainage way that you can see there outlined in bold.
Sacchet: So the drainage way is wetland?
Haak: Yes.
Sacchet: So that whole skinny, squiggle is wetland?
Haak: Yes, that's correct.
Sacchet: And that whole skinny squiggle plus the triangle on top is not more than 2,000 square feet?
Haak: The triangle on top is not included in the current proposal. On the grading plan it says that it's
about 500 square feet and the corps of engineers required them to take that out of the application in order
to streamline the permitting process through the corps of engineers. So what they're proposing to fill is
actually.
Sacchet: Right, that whole thing.
Haak: And this is not included in the fill area. It's 445 square feet. It's like 445 square feet that they
were required to take out because of the corps of engineers permit.
Sacchet: But basically the whole area, that 2,000 does'include that whole long corridor. Okay, that's one
of my key questions. And you touched on why they're not fully held to the 2 for 1 replacement because
they're doing a lot of other good stuff. I don't mean to be picky on the Arboretum. It's the greatest
thing, one of the greatest things we have around here but I do think we have to treat them as we would
treat everybody else so. So we're actually proposing to give them some of our city credits. That was a
little unclear. I mean on one hand you said well they're going to have all this kind of filtration and extra
stuff there but then on the other hand you say you would give them city credits. Can you make that a
little clearer please.
Haak: The Minnesota Wetland Conservation Act does not allow for that sort of thing to get credit at this
point. They're looking at allowing credit for infiltration of basins and rain gardens and that sort of thing,
but it's not part of the rule yet. When I was speaking with the Arboretum and they were interested in
incorporating some of those elements into the plan for the Arboretum and because they're into
landscaping, it's a good fit for them and they actually came to me with that. I thought that it would be
appropriate for us to do that. In order to encourage them to look at some of those practices because the
city, it's my perspective that the city isn't really in a great position to go ahead and try some of those
things. We don't really have a lot of land that we could, basically in the long run it's cheaper if we do it
this way because then we can go out there every once in a while and say how are those rain gardens.
How are those infiltration basins going? We can do that in the long run. Like I said, we have 22.4 acres
of public value credit and that's just an inordinate amount of public value credit when we have 4. some
odd acres of the new wetland credit, which like I said earlier, that's the stuff that takes 5 years to really.
Once you create the wetland, it takes 5 years for that credit to be certified so that's the stuff that's hard to
16
Planning Commission Meeting- April 3,2001
come by and really keep very close tabs on that. You know once we get down below 10 acres or
something like that. Basically I made the recommendation because I felt that this was a good use of that
1,800 square feet and frankly 1,800 square feet isn't a whole lot.
Aanenson: Can I just add to something too. I think the bottom line is they're doing some modeling for
us that we can go back and measure and test. It's experimental. As some of you may know, this is
something that Riley-Purgatory looked at with the Bluff Creek. Trying to implement some rain gardens.
We were saying they're a little experimental so this gives us an opportunity to go back and measure some
of that and so it's a good resource for us too. That's why we thought it made some sense.
Sidney: Any other questions?
Claybaugh: Did they delete the section here that you've got hashed off to come in under the Corps
exemption. Square footage requirements.
Haak: That's correct.
Claybaugh: Are we staying behind that?
Claybaugh: What stage wetland is that?
Haak: It's a Type llI wetland basin so it's got, in the middle it's got all the cattails. The sides and the
drainage way are more grassy types.
Claybaugh: Okay, so the bank site would be similar composition?
Haak: I believe they're proposing a Type llI for the bank site so.
Claybaugh: That's all I have.
Sidney: Would the applicant or their designee please come forward and state your name and address
please.
James Robin: Good evening. My name is James Robin. I'm the landscape architect who has prepared
the document that you have in front of you. My address is 5935 Glencoe Road in Excelsior. Can I tell
you about the plan?
Sidney: Oh yes please.
James Robin: Much of this, this whole program was prompted by the addition to the horticultural
learning center and just for orientation purposes, this plan is oriented with north up. Highway 5 is across
the marsh to the north. The main Arboretum parking area and buildings are off to the south and east
here. And what, as I say, what prompted much of this is the construction of this large addition to the
learning center and in doing that addition, and recognizing the increase in visits and so on and so forth,
the decision was made to begin to implement some portions of the master plan which the Arboretum has
been working on. One of the things that this accomplishes, this plan accomplishes besides increasing
some available parking is that there's never been a school bus turn around, nor decent fire access to that
17
Planning Commission Meeting- April 3,2001
building, and this plan accomplishes both. I've had a chance to review this with the fire marshal and I
think he's happy with where we're going with this. The issue before you tonight is prompted by the fact
that old Highway 5, which is the roadway that originally came past this building, when it was built, who
knows when. Many, many years ago. A culvert was put under the roadway to connect this wetland to
the south to the Lake Minnewashta wetland to the north. And the area that we're talking about is the
highway drainage ditch that was a result of that earlier construction. Because that elevation of the marsh
and the bottom of the ditch relative to the working surfaces, or the use areas of the site, it's not possible
to accomplish any of this, even in a revised format without impacting then so we've decided to approach
it from the standpoint that we would fill it and implement the plan. A good part of which envisions the
demonstration of rain gardens and runoff ideas in this central parking area. And if you'll let me I'll just
share with you a brief sketch. I think it's upside down and backwards but it doesn't matter. This is an
aerial view of that parking facility, looking from the building and what we're proposing to do hopefully
in concert with the Minnehaha Watershed District is to develop a series of models based on segments of
the parking area that demonstrate differences in rainfall volume that is produced by a totally paved
segment. A segment with some soft surfaces. Segments that are more aggressive in the off pavement
areas. Going all the way to doing some, hopefully some permeable pavement and ideas that actually
allow water to infiltrate into the hard surface. In concert with some monitoring basins and/or
demonstration basins, we haven't really worked out all of the details. Our ideas in the setting of a
learning center would be a great benefit and you're more than welcome to come under any set of
circumstances and observe what we've hopefully accomplished down the road. In addition to that there's
a whole host of bio-engineering kind of ideas. There are some rainfall storm water quality issues that we
can hopefully deal with. We think we're at the front end of an interesting project so that's where we
think we're headed and your help in this wetland issue would be much appreciated.
Sidney: Questions of the applicant.
Sacchet: Yes, I actually do have some questions of the apPlicant. I believe from seeing your color
version of the print I actually confirm that I was reading it correctly. I would want to ask you, you made
a comment that this was actually a highway drainage ditch at one point, so that's, it wasn't even a natural
thing to start with. Okay. Just want to make clear I understood that right. And so the connections of the
wetlands, I mean that was artificial in that sense but we would want to maintain a connection or are they
still going to be a connection?
James Robin: To answer the first half of the question, I don't know if there was a connection there.
There was a farm here for many, many years. And this culvert connection is so old it has actually
collapsed. It is really not functional. We are proposing to replace the hydraulic connection between the
two with a pipe and in the process use that as the receiving point for some of the storm water that, you
know right in this immediate area which is currently draining into the ditch.
Sacchet: Okay. Then one more question. There is a list of conditions that was recommended by staff.
A silt fence, seed mix, drainage and utility easements, wetland buffer areas, and so forth. Wetland buffer
edge signs. That's all fine with you? You don't have an issue with any of those?
James Robin: In discussing the list with the Arboretum people, we're not quite sure about the need for
an easement over this pipe facility in a public facility. And I frankly can't tell you where the University
would, legal minds would come down on that. Other than that one issue, we saw no problems. Lori and
I have had a chance to chat about a couple of her concerns and we have no issues with those.
Sacchet: Thank you.
18
Planning Commission Meeting- April 3, 2001
Haak: If I might shed a little light on the question about the easement. After speaking with Kate and
Matt, we decided it would be a good idea to have an easement and when the question was posed to me I
wasn't quite sure exactly why it was a good idea, but on public property you still need to retain the right
explicitly to go in there for drainage purposes. Because these basins are not contained solely on
Arboretum property, we could have surface water issues. Granted it's a long shot but I think the city is in
the business of protecting of it's own interest and I think this would do that satisfactorily.
Saam: And in addition to that, when you say public property, I mean a school is public property but
there's still easements on it. Somebody owns that piece of property. It may be used for a public purpose
but it's not publicly owned so just a clarification.
Haak: The other, I have one more thing. The applicant was received on March 8th of this year so the 90
day deadline is approximately June 8th. Just for your records because I neglected to put it on the staff
report.
Sidney: Very good. Any further comments? Thank you. Okay, this is a public hearing. May I have a
motion to open this item up for a public hearing.
Kind moved, Sacchet seconded to open the public hearing. All voted in favor and the motion
carried. The public hearing was opened.
Sidney: Okay, anyone wishing to address the Planning Commission on this item, please come forward
and state your name and address.
Kind moved, Sacchet seconded to close the public hearing. All voted in favor and the motion
carried. The public hearing was closed. .. ~
Sidney: Okay, commissioners.
Slagle: Do we need to vote on the motions?
Karlovich: Do we need to vote on...
Kind: Do we need to vote on the motions to open and close the public hearings? We never have in the
past but I think technically, if you crack open this book I think we're supposed to.
Sidney: Okay, let's back up here.
Karlovich: I just feel strange knowing a motion is seconded...
Kind: And then no vote.
Sidney: Oh, okay. I guess that's what we have been doing, haven't we?
Kind: We have been doing that but I think technically we're supposed to have a vote on it.
Sidney: Wow. She says, should we?
19
Planning Commission Meeting-April 3,2001
Slagle: I think we should and I think they'd be quick.
Sidney: Okay, we have a second. Let's back up to the last close.
Kind: The last one which was.
Sidney: Close the public hearing.
Karlovich: We could just vote on all of them we've made so far.
Sidney: Okay, all of the above.
The commission voted on all the previously made motions to open and close public hearings. All
voted in favor and the motion carried unanimously.
Sidney: Now, commissioners. Comments. Thank you.
Sacchet: Want me to start?
Sidney: Oh yeah.
Sacchet: Madam Mayor. I do think that the recommendation of staff to recommend approval of this
wetland alteration permit is fine with the conditions as outlined. I can support that.
Sidney: Other comments?
Kind: Madam Chair, I'm really excited about some of the experimettts they're going to be doing'out
here, especially the impervious surface. That's an issub that comes before this commission often and I'm
interested in the results of that sort of thing so I support staff offering our credit and I support the staff's
recommendation with the conditions.
Karlovich: I would just throw out for discussion, if there is any push back from the State with regards to
the easement, I think we should still go forward with it anyway. I don't know if they have to give us an
easement or not. I know staff wants it but it's not a live or die issue.
Sidney: Thank you. I guess one comment I really support the scientific investigation part that is attached
to this. I think that's great. It can only benefit the city and those involved. Really good effort. Okay,
may I have a motion please.
Kind: Madam Chair, I'll move that the Planning Commission recommends the City Council approve
Wetland Alteration Permit #2001-1 to allow wetland fill for the road construction as shown in the plans
prepared by James Robin, Landscape Architect dated March 9, 2001 subject to the following conditions
1 through 11.
Sacchet: Second.
Kind moved, Sacchet seconded that the Planning Commission recommends the City Council
approve Wetland Alteration Permit #2001-1 to allow wetland ~l for the road construction as
20
Planning Commission Meeting- April 3, 2001
shown in the plans prepared by James Robin, Landscape Architect dated March 9, 2001 subject to
the following conditions:
o
o
4~
o
.
7,
o
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Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The applicant shall provide proof of recording of a Declaration of
Restrictions and Covenants for Replacement Wetland. The City shall approve a wetland
replacement plan prior to any wetland impact occurring.
10.
The wetland mitigation area shall be constructed prior to wetland 'impact occurring and shall
meet the City's buffer strip and structure setback requirements.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e.
Minnesota Pollution Control Agency, Minnehaha Creek Watershed District, Minnesota
Department of Natural Resources, Army Corps of Engineers and comply with their conditions of
approval.
Storm water shall not be discharged into any wetland basin prior to pre-treatment.
Type 11I silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer
is to be preserved, at the delineated wetland edge.
The applicant shall re-seed any disturbed wetland areas with MnDot seed mix 25 A, or a similar
seed mix that is approved for wetland soil conditions.
Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's
wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of
city staff, before construction begins and shal} pay the city $20 per sign.
A 20 foot wide easement shall be provided over storm pipe connecting public waters/wetlands.
The rim elevation for Manhole No. 2 shall be 956.0.
The proposed invert elevation of the storm sewer on Wetland A shall be shown.
11. The survey benchmark shall be shown on the plan.
All voted in favor and the motion carried unanimously 6 to 0.
PUBLIC HEARING: AMENDMENTS TO THE CITY CODE: CHAPTERS 18 AND
REGARDING THE USE OF PRIVATE DRIVES AND FLAT LOTS;
Sidney: Okay the next items that are up for public hearings include amendments to the City Code and in
this case what I'd like to do is to have discussions on items 6(a) and 6(b) followed by 6(d), and then leave
6(c) to the last item since that could involve substantial comment. So the first part of the item here is
discussion about amendments to the City Code Chapters 18 and 20 regarding the use of private drives
and flag lots. Staff report please.
21
Minnesota Wetland Conservation Act/City of Chanhassen Wetland Ordinance
WETLAND REPLACEMENT PLAN APPLICATION
..
APPLICANT INFORMATION
Name(s) of Applicant
. Street Address
City, State, Zip Code
Telephone (Daytime) (Evening)
Name(s) Authorized Agent ' '
City, State, Zip Code
Telephone (Daytime) (Evening)
PROPOSED IMPACTED WETLAND INFORMATION
Location: 1/4 1/4 1/'4 -' S
UTM Coordinates: X: Y:
County Name/Number:
Wetland type: Circular 39
T 1(o 4
Major Watershed Name/Number:
Size of entire wetland: ~
Topo~aphic setting (check one):
Shoreland Riverine prlr'g44_
Floodplain Flowthrough
Tributary Isolated
Size of total wetland impact: WOO acres or sq ft
Estimated size of surface water drainage into wetland:
Check one: ~11[<50% [] 50%-80% or [] > 80%
Check one: [] Agricultural land; ~,Non-ag.'land
Minimum replacement ratio (check one): [] 1:1 j~2:1
Minimum replacement needed:
: ~> ~ "Acres
acres or sq t~
If the wetland is within a shoreland wetland protection zone or the floodplain of a watercourse, list the distance and direction to
the waterbody or watercourse: feet in a direction.
List the dominant vegetation and land use in the impacted wetland area (ex. willows, cattails, grass, sedges, open water/pasture,.
row crop, etc.)
Attach the following information:
(I) A recent aerial photograph or accurate map of the impacted wetland area showing:
a.. the location, extent, and purpose of the proposed wetland fill or drainage;
b. the location of any surface inlets or outlets drairfing into or out of the wetland;
c. the land use within the immediate watershed within one mile of the impacted wetland. Or, include a written
description that notes the presence and location, if any, of wetland preservation regions and areas, wetland
development avoidance regions and areas, and wetland deficient regions and areas as identified in the
comprehensive water plan;
(2) A soils map of the site;
(3) Evidence of ownership or fights to the affected area (or otherwise demonstrate to the LGU);
(4) A description of the avoidance and minimization alternatives considered; and
(5) Any other information required by the LGU, e.g. delineation report.
Page 1 of 4
PROPOSED PROJECT DESCRIPTION
Describe the nature and purpose ofthe proposed project: i~IL.I,- ~-.-74~'~k3(..~ ~]J2~ .Di"/"F_~ "~0 fiq,4.4$bO
~[~ ~ ' : (anach additional pages if needed)
Timetable: project will begin on~~~~/ [ / I (mo/day/~) and ~11 be completed by ~ / ~ / f
PROPOSED MITIGATION Ih'FORMATION
Mitigation will be accomplished as follows (check one): ·
[] Project-specific replacement only. Complete all information below.
[] Purchase of Wetland Banking Credits only. Attach Application for Withdrawal of Wetland Credits (Exhibit J); do
not complete project-specific information below, and skip to ASpecial Considerations~ on Page 4.
[] A combination of the project-specific replacement and purchase of banking credits. Complete information below for
project-specific mitigation, and attach Application for Withdrawal of Wetland Credits (Exhibit J) for credit
information.
[] Check here if excess credits are anticipated from project-specific replacement above the required minimum mitigation ratio,
and those credits are to be deposited into the Minnesota Wetland Bank, following Minnesota Wetland Bankprocedures.
Attach the following information:
(1') A recent aerial photograph or accurate map of the mitigation site showing:
a. The location of the mitigation site;
b. The location of any surface inlets or outlets draining into or out of the wetland;
c. The land use of t...he immediate watershed within one mile of the mitigation wetland;
Or include a written description that also notes the presence and location, if any, of wetland preservation regions
arid areas, wetland development avoidance regions and areas, and wetland deficient regions and areas as identified .
in the comprehensive water plan;
(2) Scale drawings of the replacement wetland showing plan and Profile views and fiXed photo-reference points'for
monitoring purposes;
(3) Evidence of ownership or rights to the land affected b3).the proposed fi~itigation wetland, Which includes, but is not
limited to, the following; title to the land, fee owner, marital status, mortgages, and other interests in the land;
(4) A soils map of the mitigation site;
(5) A monitoring plan; and
(6) Any other information required by the LGU.
Provide
(7)
the following information:
Describe how the replacement wetland shall be constructed, for example, excavation or restoration by blocking an
existing tile; the type, size, and specifications of outlet structures; elevations, relative to Mean Sea Level or established
bench mark, of key features, for example, sill, emergency overflow, and structure height; and best management
practices that will be implemented to prevent erosion or site degradation;
(8)
For created wetlands only, list additional soils information sufficient to determine the capability of the site to produce
and maintain wetland characteristics
(9)
List all other local, state, and .federal permits and approvals required for the activity:
Page 2 of 4
PROPOSED PROJECT-SPECIFIC MITIGATION INFORMATION
Location: 1/4
UTM Coordinates: X: Y:
County Nam~e/N...~xber:
Checkone:~50% [] 50%-80% or [] > 80%
Pre-existing Wetland (if any): {~ Acres of Type (Circular.39)
(Complete table below for credits resulting from successful construction.)
Major Watershed Name/Number:
Topographic setting ~check one):
Shoreland *'"' Riverine
Floodplain Flowthrough
Tributary Isolated
Replacement ratio:
Minimum:
+Out-of-kind:
+Topo. Setting:
+Local Public Value:
--Required Ratio:
Estimated size of surface water drainage into proposed mitigation wetland:
Acres
If the mitigation wetland is within a shoreland wetland protection zone or the floodplain of a watercourse, list the distance and
direction to the waterbody or watercourse: feet in a direction.
List the dominant vegetation and land use in the proposed mitigation wetland area (ex. willows, cattails, grass, Sedges, open
water/pasture, row crop, etc.)
Credit NWC PVC Wetland Type2 Topo. Setting3 Restoration or
Sub-Group~ Acres or Sq. Ft. Acres or Sq. Ft. Creation
A.
B.
C.
D.
Totals:
U1Check here if additional credit sub-groups are part of this replacement plan and are listed on an attachment to this document.
~A separate credit sub-group shall be established for each wetland or wetland area that has different wetland characteristics.
'-Circular 39 types: 1, 1 L, 2, 3, 4, 5, 6, 7, 8, B, U.
3Topographic setting types: shoreland, riverine, floodplain, flow-through, tributary, isolated.
WCA Replacement Plan Application (2000)
Page 3 of 4
Special Considerations
To the best of the applicant's knowledge, are any of the following factors applicable at the impact or replacement site? Note
whether present or not by indicating as follows: Impact Site (I), Replacement Site (R), Both (B), Neither (N).
1. Federal or state-listed endangered species
2. Rare natural communities
3. Special fish and wildlife resources including:
a. Fish passage and spawning areas.
b. Colonial waterbird nesting colonies
c. . Migratory waterfowl concentration areas
d. Deer wintering areas
e. Wildlife travel corridors
Archaeological or historic sites
Ground water sensitive areas
Sensitive surface waters (e.g., DNR designated trout waters)
Educational or research sites
Waste disposal sites ~,1
Is ~,?~ject consistent with local plans (e.g., watershed management plans, land use plans, zoning and master plans)?
10. Is the project part ora pollutant trading agreement with the MPCA? ~Yes
.
5.
6.
7.
8.
9.
Replacement Assurance and Sworn Statements
Tc<--2~"'-~-x.C ~3, C}I ,'%~ (Applicant) states by signature below that:
1. The wetland will be replaced before or concurrent with the actual draining or filling of a wetland, OR; an irrevocable
bank letter of credit or other security acceptable to the local government unit has been provided to ~arantee the
successful completion of the wetland value replacement; AND,
2. The replacement wetland was not previously restored or created under a prior approved replacement plan; AND,
3. The replacement wetland was not drained or filled under an exemption during the previous ten years; AND,
4. The replacement wetland was not restored with financial assistance from public conservation programs, unless the
replacement wetland qualifies under Minn. Rules Chapter 8420.0540, Subp.2.D.(3) [9 check here if applicable]; AND,
5. The replacement wetland was not restored using private funds other than those of the landowner unless the funds are
paid back with interest to the individual or organization that funded the ~estoration and the individual or organization
notifies the local government unit in writing that the restored wetland may be considered for replacement [9 check here
if applicable]; AND,
6. The .Declaration of Restrictions and Covenants for the replacement wetland will be recorded, or Application for
Withdrawal of Wetland Credits will be completed, prior to any work to impact any wetlands,.
I hereby af,f'n~ that the/reformation above is correct and truthful to the best of my knowledge.
(applic¢'si~gnamr-e>(/// (date) --
Note: 4~ny approvaJ is trot effective utttil all conditions above are satisfied attd signatures below are complete. No should
begbt ~tntil the 15-day appeal window has lapsed, or, itt the event of an appeal, until the appeal has been finalized.
FOR LGU USE ONLY -. '
A.) Replacement Plan is (check one): [] Approved [] Approved with Conditions (Attach Conditions) [] Denied
' . . -.... .
(LGUOfficial. Signature) ' '(Date) ': -. i . : ' :-:.:.-:. . ...:- "-.' "· "i'i: :1..'
.B.) LGU has 'received evid~nce'°f title and proof of recOi/aing ofDecl'arafiOn 0f R~Stfictions andC0venants:
(County where recorded) ' "' ' :.'-" · '(Date recorded) . ~: - ':.: · ::'.. :':.'::'..":' "' (Document # assigned by recorder) -
(LGU Official Signature) (Date) ·
WCA Replacement Plan Application (2000)
Page 4 of 4
~4-02E20-OZ ~.OCAL- STATE- F~O~L WArm RESOURCE ~~ NO~RCA~ I AP~CA~ON FoRM
U~e ~l fo~ to no~/~ply to ~ U.S. A~y Co~. of En~nee~, ~e ~e.o~ Depa~ent of Na~rM Reiour~e,, ~M your ~M Govi~nt U~t
of I propo.ed watar/we~a~ proJe~ or wo~ w~oh ~ f~ ~n ~r ~d~on. ~e~e ~ge~e..~ ~e y~ of ~r ~oU~ or ~
re~ir~en~ wi~n 45'da~. S~ LGU'I ~ ~io re~ire ~llOn of ~r own ~c~on fo~. ~ ~ ~l fo~ ~letely a~ ~1 · copy,
wi~ plane, ~., etc. to each of ~ agen~e~ ~ on ~ r~ve~e of ~ fo~. Keep, c~y for your racoM,. YOU MUST OBTAIN A~ REQUIRED
A~O~ON$ BEFORE BEGINNING WOR~
AGENCY USE ONLY: L~U NUMBLY:
MDNR NUMBER:
CORP~ NUMBER: -
L Applicant's Name (Last, Rmt, M.I.) Authorized Agent, if any
Address (Street, RFD, Box Number, City, State, Zip Code) .
II. Location of proposed project (attach drawing showing how to get to elis)
COUNTY QUARTER SECTION(e) SECTIONS~,) No. TOWNSHIP(e) No. RANGE(e) No.
FIRE No., BOX No., OR PROJECT ADDRESS
III. ESTIMATED PROJECT COST: $'
IV.' VOLUME OF FILL OR EXCAVATION (Cubic Yards):
AREA fiLLED OR EXCAVATED IS
Area Code, Telephone
Lot, Block, Subdiviaion
OF WATERBODY AFFECTED and NUMBER (IF .KNOWN)
LENGTH OF SHORE AFFECTED (in feet}: '70 '
Acres. OR ~000 Square Feet
UVO TE: You may sulntitute dimensions)
TYPE OF WORK AND AREA (CHECK ALL THAT APPLY):
[] CONSTRUCT I"! pRAIN [] EXCAVA'rl[
~ FILL i-i REMOV{[ [] REPAIR
OTHER (DESCRIBE):
ACC;F. SS PATH I-I ~ C] CULVE]~ [] DAM
DOCX C] RUmAP Ci.S~
I'1 ~ I'1 SHORELINE I'1 WATERWAY O WETLAND
tNETLAND TYPE(S) AND ACREAGE(S) PROPOSED TO BE FILLED/DRAINED: -
Attach applicable drawings, plane, and ASCS crop photos. Include I deecrlption o~ any proposed oompeneatory mitigation. Imoortant: Identify
any disposal and borrow areas. Describe the work below: how it. wouid be done;' what equipment would be used.
PROJECT PURPOSE (why ie thie project needed-what benefits will it provide?):
ALTERNATIVES (describe any other aires or methods that could be used to achieve the purpose of your project while avoiding or minimizing
wetiand/water impact,: Attach additional sheets, if needed).
VIIL DATES: Proposed start of activity:. ~=~R~
(Identify any completed work on an attached drawing)
IX. ADJOINING PROPERTY OWNERS (Attach llet if mere than two)
Name Address
Proposed completion: ~O/"~~ ~ [
City State Zip
X. PERMITS have been received (enter an JD or already applied for (enter an ~) from: DNR ~. -~MY CCXtPS OX: ENSaEERS COUaTY--
TcNm/Crrv WATERSKEO D~'11~C1' .--. MN POLLLmC~ CONTROL AOZ;NCY
Has an archaeological survey of the project alta been done? f~l O if aa. by whom:
1 hereby notify'the reclPlent~ .of th~ farm of the project pr0po!ed herein and request that I be idv~ed of any permit~ ar other deterrninedone
concerning th[~ project ~at I mu~t obtain. I undemtand that proceeding wlth wed~ befare ~!1 requbed authm~zatlone =a obtained may subject rna to
Federal. ,ta~an~or_//:lo...oal :dndr~trative. ci~ and/ar criminal ,call, ea.
,~eraon Prop, ~/ng Pro, eot or Agent
INSTRUCTIONS-PLEASE READ CAREFUL! Y
A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below. 'Please check t~,
appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for your records.
LOCAl. GOVE~NM~ UNn' (LGU}: city, county, or watershed management organization.
Specify .the LGU to which you are sending the form:
The local So~. AND WATER CONSERVATION DISTRICT (SWCD} for the project.
Specify the county SWCD:
WATERSHED DtSTRICT (if one exists for the project area).
Specify the Watershed District:
MINNESOTA DEPARTMENT OF NATUR,U. RF..SOURCF. S (MDNR} regional office
U.S. ARMY CORPS OF ENG~EERS (ACOE}. Send the ACOE copy to: ..
Department of the Army, Corps of Engineers, St. Paul District,
ATTN: CO-R, 190 Fifth Street East, St. Paul, MN 55101-1638
Note: The above agencies may provide a copy of your completed form to the Mir~esota Pollution Control Agency (MPCA).
MPCA water quality rules may apply to your proposed project.
ATTENTION {FROM USDA}= Any activity Including drslnage, dredging, fi~ng, leveling or other manipulations, Including
maintenance, may affect a landus~r's eligibility for USDA benefits under the 1955 Food Security Act as a~nended. Check w~
your local USDA office to request and complete Form AD-1026 prior to Initiating activity.
IMPORTANT: Some agencies, including the Corps of Engineers and the MDNR accept this form as a permit application form.
you wish this form to constitute an application to the Corps and/or MDNR for any necessary permits for your project please
carefully read the following information and sign where indicated.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIIIIIIIII
Application is hereby made for a permit or permits to authorize the activities described herein. I certify that i am familiar with
the information ~contained in this application, and that to the best of my knowledge and belief such information is true,
complete, an~l accurat/e. I further certify that I possess the authority to undertake the proposed activities or I am acting as th~
t g ~ature Date .u'e of Ag Date
Hote: T. e application must be signed by the person who desire posed activity (applicant) or itl
may be signed by a duly authorized agent if the information requested below is provided.
I
Agent's Name and title: O/k~ ~e.~J~{/~ I ~L~-~..~.~ ~ ~"~
Agent's address:. ~'~/~ ~' ~~._ ]ZO~
Agent's telephone: ( ~'~;2_ } ,,~"~z:~- "~~
la U.$.C. Section 1001 providee that: Whoever, in ~ny manner within the juri~diction of any deparvnent or agency of The United States
' knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material feet or rnakee ~ny falee, fiotitioue or
fraudulent statements or representations or makel or uees any falee writing or document knowing same to contain any fa/lo, fictitious, or
fraudulent statement or entry, shall be fined not more than $10,OOO or imprisoned not more than five year~, or both.
,
.SEE ATTACHMENT ABOUT MDNR PERMIT FEES
CITY OF CHANHASSEN
690 City Center Drive * P.O. Box 147 * Chanhassen, MN 55317
NOTICE OF WETLAND CONSERVATION ACT APPLICATION
FOR IMPACTS <10,000 SQUARE FEET
Name of Applicant: University of Minnesota Landscape Arboretum
Project Name:
Minnesota Landscape Arboretum Horticulture.Learnine Center
Type of Application (check one): Fl Exemption
[] Replacement Plan
Fl No Loss Fl ._ Banking Plan
Date of Application: March 8, 2001
Location of Project: SW ¼ of SW ¼ of Section 8. Township 116N. Ranze 23W
Summary of Project:
The Minnesota Landscape Arboretum is located west of Trunk Highway 41 and south of Trunk
Highway 5 in Chanhassen, Minnesota. The proposed project entails the construction of new
access roads, a school bus turnaround and parking at the newly remodeled and expanded
horticulture learning center.
The proposed project would involve filling 0.05 acre of WCA-regulated wetland. No wetland
would be drained as part of this project. The applicant has fou~td total avoidance of wetland
impact to be infeasible, due to spatial limitations on the Arboretum site. The wetland in which
fill is proposed is an existing channel between two wetland basins. The primary function of the
wetland is conveyance of water between the basins. Impact to the drainageway as a result of the
wetland fill would be maintained by providing a storm water pipe between the two basins, with
the pipe installed at the elevation of the existing channel.
The applicant proposes mitigation of wetland impacts through the construction of 0.05 acres of
wetland on-site. Due to spatial limitations on the Arboretum site, the limited scope of the
proposed project and a surplus of public value credits accumulated by the City of Chanhassen,
the City will provide the Arboretum with 0.05 acres of banked public value credit for the second
half of their 2:1 replacement requirement.
List of Addressees:
Mr. Peter Olin, Minnesota Landscape Arboretum
Mr. Doug Snyder, Minnesota Board of Water and Soil Resources
Mr. Chip Hentges, Carver Soil and Water Conservation District
Mr. Doug Norris, Minnesota Department of Natural Resources
Mr. Gary Elftmann, Army Corps of Engineers
Mr. Eric Evenson, Minnehaha Creek Watershed District
Summary Notice for Impacts <10,000 sq.ft. (2000)
You are hereby notified that the above-referenced application was made to the Local
Government Unit on the date stated above. A preliminary decision on this matter will be made at
the City's Planning Commission meeting at 7:00 p.m. on Tuesday, April 17, 2001 in the Council
Chambers at Chanhassen City Hall.
Call LoriHaak at 952/937-1900x 105 for proj ect details or changes to
decision-making schedule.
Date of Mailing of This Notice:
March 8, 2001
CITY OF CHANHASSEN
By: Lori Haak
Title: Water Resources Coordinator
Summary Notice for Impacts < ! 0,000 sq.ft. (2000)
UNIVERSITY OF MINNESOTA
March 5, 2001
Minnesota Landscape Arboretum
3675 Arboretum Drive
P.O. Box 39
Chanhassen, MN 55317-0039
952-443-1400
Fax: 952-443-2521
City of Chanhassen
C/o Lori Haak
690 Coulter Drive
Chanhassen, MN 55317
Dear Lori'
The Minnesota Landscape Arboretum is prepared to create 2000 square feet of wetland to
mitigate the wetland we are removing.
The Minnesota Landscape Arboretum lands are owned by the University of Minnesota
and the Arboretum maintains and manages these lands.
..
We appreciate and accept the city's offer of matching wetland credits for the balance of
the mitigation (2000 square feet). ;
Yours ~Uly,
Peter ~ ~i~'I'"~~'~'· .
Directg~
PJO:mh
I85I OI
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, APRIL 3, 2001 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL: Wetland Alteration Permit
APPLICANT: MN Landscape Arboretum
LOCATION: 3675 Arboretum Blvd.
NOTICE: You are invited to attend a public headng about a proposal in your area. The applicant,
Minnesota Landscape Arboretum, is requesting a permit for the filling of 2,000 sq. ft. (0.05 acres) of wetland
for road construction located at 3675 Arboretum Ddve.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's
request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Lori at 937-1900 ext. 105. If you choose to submit written comments, it is helpful to have one
copy to the department in advance of the meeting. Staff will provide copies to the Commission.
Notice of this public heating has been published in the Chanhassen Villager on March 22, 2001.
}-..
wa2~
Smooth Feed SheetsTM Use template for 5160®
MINNESOTA ST HORTICULTURAL
RM I HORTICULTURE BLDG
ST PAUL MN 55108
ROB M & CALl L OLSON
7700 CRIMSON BAY RD
CHASKA MN 55318
THOMAS G HUDY
3882 FOREST RIDGE CIR
CHASKA MN 55318
JEFFREY J & DEBRA J PAPKE
6180 CARD1NAL DR S
EXCELSIOR MN 55331
RICHARD A & DARLENE J HANSON
7750 CRIMSON BAY RD
CHASKA MN 55318
WILLIAM J & PAULA J PLANT
3884 FOREST RIDGE CIR
CHASKA MN 55318
REGENTS OF UNIV OF MINNESOTI3/O
319 15TH AVE SE
424 DON HOWE BLDG
MINNEAPOLIS MN 55455
PEMTOM COMPANY
7597 ANAGRAM DR
EDEN PRAIRIE MN
55344
LORI A FREY
3886 FOREST RIDGE CIR
CHASKA MN 55318
ABRAHAM & DOROTHY ABBARIAO
3750 ARBORETUM BLVD
PO BOX 26
CHANHASSEN MN 55317
PEMTOM COMPANY
7597 ANAGRAM DR
EDEN PRAIRIE MN 55344
ABRAHAM & DOROTltY ABBARIAO
3750 ARBORETUM BLVD
PO BOX 26
CHANHASSEN MN 55317
JOSEPH W & KIRSTEN J STASNEY
3840 LONE CEDAR CIR
CHASKA MN 55318
KENNETH R & MARTHA L SORENSE
3800 LONE CEDAR CIR
CHASKA MN 55318
STEPHEN B & JANE C VONBEVERN
PO BOX 874
CHANHASSEN MN 55317
SCOTT P & LAURIE A GAUER
3820 LONE CEDAR LN
CHASKA MN 55318
ARNOLD & CAROL M HED
3860 LONE CEDAR CIR
CHASKA MN 55318
'JAMES F & DOLORES LIPE
,3880 LONE CEDAR LN
'CHASKA MN 55318
DON HOLMAN &
3887 FOREST RIDGE CIR
CHASKA MN 55318
BO
i JOHN HESS
3861 LONE CEDAR LN
CHASKA MN 55318
THOMAS & CARMEN HUESMAN
3885 FOREST RIDGE CIR
CHASKA MN 55318
,~LOC HOANG &
'3881 LONE CEDAR LN
CHASKA MN 55318
JULI
CLAUDIA A BERNHARDT
3883 FOREST RIDGE CIR
CHASKA MN 55318
(Above Space is Reserved for Recording Information)
DECLARATION OF RESTRICTIONS AND COVENANTS
FOR
REPLACEMENT WETLAND
This Declaration of Rest~ctions and Cove. nants for Replacement Wetland (Declaration) is
made this ~ day of l~kl~~ ,ZO3 ! by the undersigned Declarant:
RECITALS
A.
as follows:
The Declarant holds the fee title or perpetual easement on the real property described
.
[Insert legal description of the smallest parcel of land'P0ss'ibte c3ntkining the Replacement
Wetland.]
B. This real property is the site of a Replacement Wetland, as defined in Minnesota
Rules 8420.0110, subp. 40.
C. The Declarant is seeking approval of(l) a replacement plan under Minnesota Statutes
section 103G.222 and Minnesota Rules 8420.0530 or (2) a bank plan under Minnesota Rules
8420.0740,
D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as
amended, Minnesota Statutes section 103G.222 et seq., and all other provisions of law that apply to
wetlands, except that the exemptions in Minnesota Statutes section 103 G.2241 do not apply to the
Replacement Wetland, pursuant to Minnesota Rules 8420.0115.
FORM A- DECLARATION OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENT/BANKENG WETLAND
Page 1 of 4
E. The Local Government Unit (LGU) charged with approval of the Replacement or Banking
Plan is ~[7'~ at~ f_,g4~}4~,~v~<) , whose address is ~qO tSrFy' r',~OT'(~.- .I).F-qtI~IL t
F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and
Rules currently in effect and as amended or renumbered in the future.
RESTRICTIONS AND COVENANTS
The Declarant makes the following declaration of restrictions and covenants for the
Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant,
and Declarant's heirs, successors, and assigns:
1. The Declarant shall maintain a Replacement Wetland ofthe size and type specified in
the replacement plan or bank plan approved by the LGU and on file at the offices of the LGU.
Declarant shall not make any use of the Replacement Wetland that would adversely affect the
functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and as
specified in the replacement plan or bank plan. _
2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement
of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board
of Water and Soil Resources may deem necessary to comply with the specifications for the
Replacement Wetland in the approved replacement plan or bank plan.
3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of
the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection,
monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands
described to the general public.
4. Declarant represents that he or she has a fee simple or easement interest in the land on
which the Replacement Wetland is or will be located. Declarant represents that he or she has
obtained the consent of all other parties who may have an interest in the land on which the
Replacement Wetland is or will be located to the creation of the restrictions and cov.enants herein,
and that, all such parties have agreed in writing to subordinate their interests to these restrictions and
covenants, pursuant to the attached Consent and Subordination Agreement(s).
5. Declarant shall record or file this Declaration, pay all costs associated with recording
or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to
a replacement plan, such proof shall be provided to the LGU before proceeding with construction of
the Replacement Wetland.
FORM A- DECLARATION OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENT/BANKING WETLAND
Page 2 of 4
Ge
recorded.
These restrictions and covenants shall be unlimited in duration, without being re-
7. If the replacement plan or bank plan approved by the LGU and on file at its offices
requires the establishment of areas of permanent vegetative cover, the term AReplacement Wetlands-
as used in this Declaration shall also include the required areas of permanent vegetative cover, even
if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement
Wetland shall apply equally to the required areas of permanent vegetative cover. In addition, the
Declarant:
(a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540, subpart
2.D;
(b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas
specified in the replacement plan or bank plan for permanent vegetative cover, including any
necessary planting and replanting thereof, and other conservation practices, in accordance with the
replacement plan or bank plan;
(c) Shall not produce agricultural crops on the areas specified in the replacemenr plan or
bank plan;
(d) Shall not graze livestock on the areas specified in the replacement Plan or bank plan;
(e) Shall not place any materials, substa~,c~ other objects, nor erect or construct any type
of structure, temporary or .~.~ .....
permanent, on the a/eas spec , ~l~'fft~'~.spkacement plan or bank plan,
except as provided in the replacement plan or bank plan; ..... '"' ~:. ~
·
.,.
(f) Shall, at Declarant's cost, be responsible for weed control by 6omplying with noxious
weed control laws and emergency control of pests necessary to protect the public health on the areas
specified in the replacement plan or bank plan; and
(g) Shall comply with any other requirements or restrictions specified in the replacement
plan or bank plan, including, but not limited to, haying, mowing, timber management or other
vegetative alterations that do not enhance or would degrade the ecological functions and values of
the replacement site or bank site.
8. This Declaration may be modified only by thejoint written approval ofthe LGU and
the State of Minnesota through the Minnesota Board of Water and Soil Resources. Such
modification may include the release of land contained in the legal description above, if it is
determined that non-wetland areas have been encumbered by this Declaration, unless the approved
replacement plan or bank plan designates these non-wetland areas for establishment of permanent
vegetative cover.
FORM A- DECLARATIONS OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENT/BANKING WETLAND (2000)
Page 3 of 4
9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of
Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable
attorneys fees~ from Declarant in any action to enforce this Declaration.
Signature of Declarant
STATE OF MINNESOTA )
) SSo
COUNTY OF. ) c'_,qr4~,_cp.
This instrument was acknowledged before me on
/
(Signature of Notarial Officer)
(Title) ~~,..E~^ _ ~
My commission'bWp~res:
This instrument drafted by:
~oc~. 1., C, ~ooi '(date) by
(name(s) nC
FORM A - DECLARATIONS OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENT/BANKING WETLAND (2000)
Page 4 of 4
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
ARMY, CORPS OF ENQINEERS CENTRE
190 FIFTH STREET EAST
ST. PAUL, MN 55101-1638
.
January 17, 2001'
Construct~ion-Operat ions
Regulatory (01- 01821-LP-GAE)
Mr. Peter Olin
University of Minnesota Landscape Arboretum
3675 Arboretum Drive
P.O. Box 39
Chanhassen, Minnesota 55317
Dear Mr. Olin:
Authority is hereby granted the University of Minnesota to
disqharge clean fill material covering 2000 square feet (0.05
acre)'of wetland adjacent to Lake Minnewash~a to facilitate a
road and parking lot improvement project at the Minnesota
Landscape Arboretum in Chanhassen, Minnesota. The project site
is in the SW 1/4' of Section 8, T. 116 N., R. 23 W., of Carver
County. ''
This authorization.is.issued under the proVisions of GP/LOP-
98-MN (MN LOP-B).
.~'
This action is based upon the recommendation of the Chief of
Engineers and under.the provisions of Section 404 of the Clean
'Water Act (33 U.S.C. 1344). The authorization is subject to the
·
enclosed General and Standard Conditions.
The time limit for completing this authorized work ends
January 31, 2005' OR two years from the date of this letter,
whichever occurs later.
~ This Federal authorization, does not'permit you to commence
the proposed activity without first obtaining any necessary State
and/or local permits.
If you disagree with the enclosed.jurisdictional
determination, you may provide new information or appeal the
jurisdictional determination. Please follow the directions in
Section D of the enclosed Notification of'Administrative Appeal
Options and Process and Request for ApPeal. · ·
;.
If this letter of permission is not acceptable and you would
like to appeal, the permit decision, please follow the directions
in Section A of the enclosed Notification of Administrative
Appeal Options and Process and Request for Appeal,.
If you have any questions, call Gary Elftmann of this office
at (-651) 290-5355.
~.,~Kenneth S. Kas~sin
Colonel, Corps of Engineers
District ~Engineer
'Enclosures
Copy furnished:
Ms. Andrea Moffatt
WSB and Associates, Inc.
4150 Olson Memorial Highway, Suite 300
Minneapolis, Minnesota 55422
'" ",~licant: University of Minnesota Landscape Arboretum [File Number: 200101821 Date: 1-17-01 ...............
~-ached is: See Section below
X INITIAL PROFFERED PERMIT (Standard Permit or Letter 6f permission) A
' , PROFFERED PERMIT (Standard Permit or Letter of permission) B '
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
·
I II I I II I [] II
A. INITIAL PROFERRED PERMIT: You may accept or object to the permit.
· ACCEPT: If you received a Standard Permit, you may sign the permit document and remm it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all fights
to appeal the permit, including .its terms and conditions, and approve jurisdictional determinations associated with the permit.
· OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You' must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer with/r, 60 days of the date of this notice, or you will forfeit your fight
· to appeal the permit in the future. Upon receipt of your letter, the district, engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, Co) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
"~.'~stria engineer will send yoga proffered permit for yOur reconsideration, as indicated in Section B below.
B.' PROFFERED .PERMIT: You may accept or appeal the permit.
· ' ACCEPT: If you' received a Standard Permit, you may sign the permit document and remm it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
si~mre on the Standard Permit or acceptance of the LOP rn~ans that you accept the permit in its entirety, and waive all rights
m appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
APPEAL: .If you choose to decline the proffered permit (Standard or LOP) because of certain terms find conditions therein, you
may appeal, the declined permit under the Corps of Engineers Admlnistrative Appeal Process by completing Section II of this
form and sending the form to the division enghaeer. This form must be received by the division engineer within 60 days of the
date of this notice.
C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineera This form must be received by .the division
engineer within 60 days of the date of this notice.
D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD Or
provide new iafommion.
· ACCEPT: You do not need to notify the Corps to acc~t an approved JD. Failure to notify the Corps within 60 days of the
date 6f this notice, means that you accept the approved JD in its entirety, and waive all fights to appeal the approved ..ID.
· J~PEAL: If you disagree with the approved JD, you may appeal the approved ID under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
' ~y. the division engineer within 60 days of the date of this notice. ' ·
2 )RELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request 'an
approved JD (which may be appealed), by contacting the Corps district for fin'ther instruction. Also you may
, provide new information for further consideration by the Corps to reevaluate, the JD.
~REASONS FOR APPEAL OR OBJECTIONS:. (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. Youmay attach additional information to this form to clarify where your reasons
,~ bjecfions are addressed in the administraive record.)
~kDDITIONAL INFORMATION: The appeal is limited to a review of the ~dministrative record, the Corps memorandum for
the record of the appeil conference or meeting, and any supplemental information ~at the review officer has determined is needed
!to clarify the adminiswative record. Neither the appellant nor the Corps may add new information or analyses to the record.
i However, you may provide additional information to clarify the location of information ~at is already in the administrative rec.~rd.
:~"' ...... · .i?" . ~:'". ...... -' '. ' .'.i::"!ii" ".'" '~!:" · '."':iii?" ': '::-'Y:-,"..~:...,'. ..... '}"
If you have questions regarding this decision and/or the appeal If you only have questions' regarding the appeal process you may
!process you may contact: - also contact:.
Gary A. Elf unarm
U. S..Army Corps of Engineers, Regulatory Branch '
Army Corps of Engineers Centre, 190 East Fifth Street
S~nt_ Paul, MN 55101
Martha S. Chieply, Appeal Review Office
CEMVD
P. O. Box 80
Vicksburg, MS 39181-0080
' Telephone (651) 290-5355 '- Telephone (601) 634-5820
:RIGHT OF ENTRY: Your signature below grants .the fight of entry to Corps of Engineers personnel, and. any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
)/ce of any site investigation, and will have the opportunity to participate in all site investigations.
! Date:, Telephone number:
Signature of appellant or agent;
U.S ARMY CORPS OF ENGINEERS - ST. PAUL DISTRICT.
REGULATORY BRANCH
BASIS FOR JURISDICTIONAL DETERMINATION
Applicant: University of Minnesota Landscape Arboretum
·
File Number: 200101821
~'A. Property referenced in the correspondence States as at 33
attached
contllin~
waters
Of
the
United
defined
CFR Part 325.3(a) based on:
1. The presence of waters whiela are currently used, or were used in the past, or may be susceptible
to use ia interstate or foreign commerce, i.e., navigable waters of the United States. [328.3(a)(1)]
2. The presence of interstate waters. [328.3(a)(2)]
3. The presence of other waters such as intrastate lakes, rivers, streams, mudflats, s~dflats,
wetlandst, sloughs, or natural ponds, the use, degradation, or destruction of which could affect
interstate or foreign commerce. [328.3(a)(3)]
[] a~ The site is or could be used by interstate or foreign travelers for recreation or other
purposes.
The site has .shellfish that is or could be taken and sold in interstate or foreign
cOIIllI~rce.
The site is or could be used for industrial purposes by industries ia interitate
commerce.
The site is or could be used by migratory waterfowl, other game birds, or other
migratory birds that are sought by hunters, birdwatchers, photographers, or are protected
by international treaty.
4. The presence of any impoundment of any water body otherwise defined as a water of the
United States. [328.3(a)(4)]
5. The presence of any tributary of any water body ideiatffied under paragraphs (1) tlxrough (4) of 33
CFR 328.3(a). [328.3(a)(5)1
6.-The presence 3f territorial seas. [328.3(a)(6)]
7. The presence of wetlands adjacent to any water body defined as a water of the U.$ in paragraphs
(1) through (6) in 33 CFR 328.3 (a). [328.3(a)(7)1.
United .States described above.
. .
B. Property referenced in the attached correspondence does not include or contain any of the waters of the
~ Project Manager
Date January 17, 2001
~ Wetlands are identified and delineated using the methods and criteria established in the Corps of Engineers
Wetland Delineation Manual (87 Manual). Generally, wetlands are determined by the occurrence of
hydrophytic vegetation,~ hydri¢ soils and wetland hydrology:
Edition of August 2000. Previou, edition, obsolete.
GP/LOP-98-MN CONDITIONS
General Information.
AS a general rule, all discharges of.fill
or dredged material into any wetland or
water area require a Section 404 permit
from the Corps of Engineers. Persons
proposing such work should especially
note that, in ALL cases including the
non-reporting general permits, GP/LOP-
9B-MN requires that adverse impacts on
water and wetland resources be avoided
and minimized to the maximum extent
practical. Discharges that would
adversely affect Federal endangered
plant or animal species or certain
cultural or archaeological resources, or
that would impinge or abrogate reserved
Native American treaty rights including,
but not limited to, reserved water rights
and* treaty fishing and hunting rights,
are not eligible for authorization under
GP/LOP-98-MN.
The St.. Paul District WWW site
(http:/ANww.mvp.usace.army.miil will
contain information that is helpful for
applicants.
General Conditions.
·
.'~":11. The time limit for completing work
authorized by the GP provisions of
GP/LOP-98-MN ends upon the expiration
date of GP/LOP-98-MN. The time limit
for completing work authorized by the
LOP provisions herein ends upon the
expiration date of GP/LOP-98-MN or
two years after the date of the Corps
authorization of the work under GP/LOP-
98-MN, whichever occurs later. If you
find that you need more time to
complete the authorized activity, submit
your request for a time extension to this
office for consideration at least three
months before the expiration date is
reached.
2. You must maintain the activity
authorized by GP/LOP-98-MN in good
condition and in conformance with the.
terms and conditions of this pe~rtit. You
are not relieved of this requirement if
you abandon the permitted activity,
. although you may make a good faith
transfer to a third party. Should you
wish to cease to maintain the authorized
~'-.activity or should you desire to abandon
'~t without a good faith transfer, you
must obtain a modification of this permit
from this office, which may require
restoration of the area.
3. If you discover any previously
unknown historic or archaeological
remains while accomplishing the 'activity
authorized by GP/LOP-98-MN, you must
immediately stop work and notify this
office of what you have foun'd. We will
initiate the Federal and state
coordination required to determine if the
remains warrant a recovery effort or if -
the site is eligible for listing in the
National Register of Historic Places.
4. You must allow representatives from
this office to inspect the authorized
activity at any time deemed necessary
to ~nsure that it is being or has been
accomplished in accordance' with the
terms and conditions of GP/LOP-98-MN.
,.
..
5. Refer to the GP/LOP-98-MN
Standard Conditions at the end of this
document.
Further Information:
1. Congressional Authorities: You have
been authorized to undertake the
activity described above pursuant to
Section 4OS, of the Clean Water Act {33
U.S.C. 1344).
2. Limits of this au~orization.
a. GP/LOP-98-MN does not obviate
the need to obtain other Federal, state,
or local authorizations required by law.
b. GP/LOP-98-MN does not grant any
property rights or exclusive privileges.
c. GP/LOP-98-MN does not authorize
any injury to the property or rights of
others.
d. GP/LOP-98-MN does not authorize
interference with any existing Or .
proposed Federal project.
3. Emits of Federal Liability. In
authorizing-work, the Federal
Government does not assume any
liability, including for the following:
a. Damages to the permitted project
or uses thereof as a result of other
permitted or unpermitted activities or
from natural causes.'
b. Damages to the permitted project
or uses thereof as a result of current or
future activities undertaken by or on.
behalf of the United States in the public
interest.
c. Damages to persons, property, or
to other permitted or unpermitted
activities or structures caused by the
activity authorized by this permit. -
d. Design or construction deficiencies
associated with the permitted work.
e. Damage claims associated with
any future modification,. Suspension, or
revocation of this permit.'.
4,. Reliance on Applicant's Data: Th.e
determination of this office that
issuance of this permit is not cont?ary to
the public interest was made in reliance
on the information you provided.
5. Reevaluation of'Permit Decision.
This office may reevaluate its decision
on this permit at any-time the
circumstances warrant. Circumstances
that could require a reevaluation
include, but are not limited to, the
following:
a. You fail to comply with the terms
and conditions of this permit.
b. The information provided by you in
support of your permit application
proves to have been false, incomplete,
or inaccurate (see'4 above).
c. Significant new information
Surfaces which this office did. not
consider in reaching the original public
interest decision. Such a reevaluation
may result in a determination that it is
appropriate to use the suspension,
modification, and revocation procedures
contained in 33 CFR 325.:7 or
enforcement procedures such as those
contained in 33 CFR 326.4 and 326.5.
The referenced enforcement procedures
provide for the issuance of an
administrative order requiring you to
comply with the terms and conditions of
your permit and for the initiation of legal
action where appropriate. You will be
required to pay for any corrective
measures ordered by this* office, and if
you fail to comply with such directive,
'this office may in 'certain situations
(such as those specified in 33 CFR
209.1'70) accomplish the corrective
measures by contract or otherwise and
bill you for the cost.
6. Extensions. General condition 1.,
above, establishes a ti'me limit for the
completion, of the activity authorized by
this permit. Unless there are
circumstances requiring either a prompt
completion of the authorized activity or
a reevaluation of the public interest
decision, the Corps will normally give
favorable consideration to a request fo~
an extension of this time limit.
ndar Conditions.
in addition to the preceding general
conditions, GP/LOP-98-MN authoriza-
tions are subject to the following
standard conditions, as applicable.
These conditions must be satisfied for
any GP/LOP-98 authorization, both GPs
and LOPs, including the non-reporting ·
GPs, to be valid:
1. Compliance Certification. Under ali
LOP authorizations of GP/LOP-98-MN
authorizations, the permittee must
submit a compliance cert'ification to the
St. Paul District within 30 days of
Completion of the work. The District
will include a certification form with its
authorization letters. Permittees may
also obtain this form by contacting the
St. Paul District. This requirement does
not apply to GP authorizations under
GP/LOP-@a-MN. ·
2. case-by-case conditions. The activity
must comply with any special conditions
which may have been added by the
District or by a state, tribe, or the U.S.
Environmental Protection Agency in its
,~"i~section 401 water quality certification
or consistency determination under the
Coastal Zone. Management Act. Such
conditions will be specifically identified
in any LOP issued for the project.
3. M]tl.~ation/Secluencln(~. Discharges of
· dredged or fill material into waters of
the United States must be minimized or
avoided to the maximum extent
practicable, unless the District approves
a compensation plan that the District
determines is more beneficial to the
environment than minimization or
..
avoidance measures.
4. State/Tribal Water clualltv
certification and Coastal zone
mana.qement (CZM} consistency
determination. Some GP/LOP-98-MN
authorizations may not be valid uniess
and until an individual Section 401
water quality certification or CZM
consistency determination is obtained
from or waived by the appropriate
agency. If this Condition applies, it will
be so noted in the District letter of
'~ermission.
5. Suitable material. No discharge of
dredged or fill material may consist of
,.
GP/LOP-98-MN CONDITIONS (continued)
unsuitable material {e.g., trash, debris,
car bodies, asphalt, otc.,) and material
discharged must be free from toxic
· pollutants in toxic amounts (see Section
307 of the Clean Water Act).
6. Proper maintenance. Any structure or
fill authorized shall be properly
maintained, including maintenance to
ensure public safety.
7. Erosion and siltation controls.
Appropriate erosion and siltation .
controls must be used and maihtained in
effective operating condition during
construction, and all exposed soil and
other fills, as well as any-work below
the ordinary high water mark must be
permanently stabilized at the earliest
practicable date. Work should be done
in accordance with state-approved,
published practices, such as defined in
Minnesota Pollution Control Agency
Document, PROTECTING WATER
QUALITY L.N URBAN AREAS - BEST
MANAGEMENT PRACTICES FOR,
MINNESOTA.
8. Removal of temporary fills. Any
temporary fills must be removed in their
entirety and the affected areas returned
to their preexisting eJevation.
9. Endan.clered Species.
a. No activity is authorized which is
likely to jeopardize the continued
existence of a threatened or endangered
species or a species proposed for such
designation, as identified under the
Federal Endangered Species Act, or
which is likely to destroy or adversely
modify the critical habitat of such.
species. Non-federal permittees shall
notify the District if any listed species or
critical habitat might be affected or is in
the vicinity of the project, and shall not
begin work on the activity until notified
by the District that the requirements of
the Endangered Species Act have been
satisfied and that the activity is
authoHzed.
b. Authorization of an activity under
GP/LOP-98 does not authorize the take
of a threatened or endangered species"
as defined under the Federal
Endangered SPecies Act. In the absence
of separate authorization (e.g., an ESA
Section 10 Permit, a Biological Opinion
with incidental take provisions, etc.)
from the U.S. Fish and Wildlife Service
both lethal and non-lethal takes of
protected species are in violation of the-
Endangered Species Act, Information
on the location of threatened and
endangered species and their critical
habitat can be obtained di.rectly from
the offices of the U.S, Fish and Wildlife
Service and National Marine Fisherie~
Service or their world wide web pages
on the Internet,
c. If it becomes apparent that a
Federally listed endangered plant or
animal species will be affected by work
authorized by this permit, work must be
stopped immediately and the St, Paul
District of the .Corps of Engineers must
be contacted for further instruction,
10. Historic oroDerties, cultural
resources. No activity which may affect
historic properties listed, or eligible for
.listing, in the National Register of
Historic Places is authorized, . until the '
District has, complied with the provisions
of 3-3 CFR Part 325, Appendix C. The
prospective permittee must include
notification to the District in the permit
application if the authorized activity may
affect any historic properties listed,
determined to be eligible, or' which the
prospective permittee has reason to
believe may be eligible for listing on the
National Register of Historic Places, and
shall not begin the activity until notified
by the District that the requirements of
the National Historic Preservation Act
have been satisfied and that'the activity
is authorized. Infon~ation on the
.location and existence of historic
resources can be obtained from the
State Historic Preservation Office and
the National Register of Historic Places.
11. Soawninq areas. Discharges in
spawning areas during spawning
seasons must be avoided to the
maximum extent practicable.
12. Obstruction o..[f high flows.. To the
maximum extent practicable, discharges
must not permanently restrict or impede
the passage of normal or expected high
flows or cause the relocation of the
water (unless the primary purpose of
the fill is to impound waters).
13. Adverse .effects from
impoundments. If the discharge creates
an impoundment of water, adverse
effects on the aquatic system caused'by
or the National Marine Fisheries Service, the accelerated passage of water and/or
the restriction of its flow shall be
minimized to the maximum extent
practicable.
14. Waterfowl breedinq areas.
Discharges into breeding areas for
migratory waterfowl must be avoided to
the maximum extent practicable.
15. Navi.~ation. No activity may cause
more than a minimal adverse effect on
navigation.
16. Aquatic life movements. No activity
may substantially disrupt the movement
of those species of aquatic life
indigenous to the waterbody, including
those species which normally migrate
through the area, unless the activity's
primary purpose is to impound water.
17. Equil~ment. Heavy equipment
working in wetlands must be placed on
mats, or other measures must be taken
to minimize soil disturbance.
18. Tribal ri_qhts. No activity or its
operation may impinge or abrogate
reserved treaty rights, including, but not
limited to, reserved water rights and
treaty fishing and hunting rights.
19. Wi. ~ld. and Scenic R..ive. rs. No activity
may occur in a component of the
National Wild and Scenic River System;
or in a river officially designated by
Congress as a "study river" for possible
inclusion in the system, while the river
is in an official study status; unless the
appropriate Federal agency, with direct
management responsibility for-such
river, has determined in writing that the
proposed activity will not adversely
effect the Wild and Scenic River
designation, or study.status. Information
on Wild and Scenic Rivers may be
obtained from the appropriate Federal
land management agency in the area
(e.g., National.Park Service, U.S. Forest
Service, Bureau of Land Management.,
U.S. Fish and Wildlife Service.)
20. Water oualltv standards... All work
,
or discharges to a watercourse resulting
. from permitted construction activities,
particularly hydraulic dredging, must '
· '~ meet applicable Federal, State, and local
·]. ~water quality and effluent standards on
:a continuing basis.
GP/LOP-98-MN CONDITIONS (continued)
21. Preventive measures. Measures
must be adopted to prevent potential
pollutants from entering the
watercourse. Construction materials
and debris, including fuels, oil, and
other liquid substances, will not be
stored in the construction area in a
manner that' would allow'them to ent. er
the watercourse as a resuJt of spillage,
natural runoff, or flooding.
Historic Preservation Officer must be
contacted for further instruction.
22. Oisl=osal site.s. If dredged or
excavated material is placed on an
· upland disposal sight (above the
ordinary high-water mark}, the site must
.be securely diked or contained by some
other acceptable method that .prevents
the return of potentially polluting
materials to the watercourse b~;' surface
runoff or by leaching. The containment
area, whether bulkhead or upland
disposal sight, must be fully completed
prior to the placement of any dredged
material.
23. Erosion control. Upon'completion
of earthwork operations, all exposed
slopes, fills, and disturbed areas must
be given sufficient protection by
appropriate means such as landscaping,
or planting and maintaining vegetative
cover, to prevent subsequent erosion.
Coffer dams shall be constructed and
maintained so as to prevent erosion into '
the water, if earthen material is used
for coffer da.m-construction, sheet
piling, riprap or a synthetic cover must
be used to prevent dam erosion.
24. Suitable fil...~l material. Ail fill
(including riprap), if authorized under
this permit, must consist of suitable
material free from toxic pollutants in
other then trace quantities, in addition,
rock or fill material used for activities
dependent upon this permit and
obtained by excavation must either be
obtained from existing quarries or, if a
new borrow site is opened up to obtain
fill material, the State Historic
Preservation Officer (SHPO) must be
notified prior to the .use of the new site.
Evidence of this consultation with the
SHPO will be forwarded to the St. Paul
District Office.
25. Cultural resources. If cultural,
archaeological, or historical resources
are unearthed during activities
authorized by this permit, work must be
stopped immediately and the State
26...Water intakes/activities. An
investigation must be made to identify
water intakes or other activities that
may be affected by suspended solids
and turbidity increases caused by .v~ork
in the watercourse. Sufficient notice
must be given to the owners of property
where the activities would take place to
allow them to prepare for any changes
in water quality.
27. Spill confin.qency ~ A
contingency plan must be formulated
that would' be effective in the event of a
spill. This requirement is particularly'
applicable in operations involving the
handling of petroleum products. If a
spill of any potential pollutant should
occur, it is the responsibility of the
permittee to remove such .material, to
minimize any contamination resulting
from this spill, and .to immediately notify
the State Duty officer at 1-'800-422--
0798 and the U.S. Coast Guard at
telephone number 1-800-424-8802.
28. Other I~ermit requirements. No
.Corps GP/LOP-S8-MN authorization
eliminates the need for other local, state
or Federal authorizations, including but
not limited to National Pollutant
Discharge Elimination System (NPDES)
or State Disposal System (SDS) permits
from the Minnesota Pollution Control
Agency.
29. State Section 401 Certification
,, ,
Conditions. The Minnesota Pollution
Control Agency (MPCA) has certified
GP/LOP-98-MN on the condition that '
activities are conducted in accordance
with ali applicable provisions of
Minnesota Rule 7001.0150, subp. 3.
As required by Federal regulation, this
condition is incorporated as a condition
of GP/I. OP-98-MN.
~'?,grmlz~ No. tu±-u'~w.±-u~_~) . ±ssuea~: ~anuary ±/, ~.uu±
Permit tee:- Univers i tv of ,Minnesota l',~ndsca~e Arboretum .
Please note that your. permitted activzty is subject to a compliance
inspection by U.S. Army Corps of Engineers staff. If you fail to
comply with this permit, you are subject to permit suspension,
modification, or revocation. .
Upon completion of the activity authorized by this permit and any
required mitigation, date, sign, seal, and return this certification
to the St. Paul District office at the address shown below.
"I hereby certify that the work authorized, including any re-
quired mitigation by the above-referenced permit has been com-
pleted in accordance with the terms & conditions of the permit."
(Date)
(Signature of Permittee)
--
(fold sheet with address.showing and seal bottom with tape)
Folding sheet with. this panel out will
leave only one open edge to seal.
(fold sheet with address showing and seal bottom with tape)
Affix
First-
Class
Postage
Here
Department of the Army
Corps of Engineers
CO-R, t90 Fifth Street East
St~ Paul, MN 55.101-1638