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D-7. Foxwood-9150 and 9250 Great Plains Boulevard: Approve Wetland Alteration Permit MEMORANDUM CITY OF TO: Todd Gerhardt, City Manager CHANHASSENFROM: Krista Spreiter,Natural Resources Technician 7700 Market Boulevard DATE: August 22, 2016 PO Box 147 Chanhassen,MN 55317 SUBJ: Foxwood Wetland Alteration Permit and Wetland Replacement Plan Planning Case 2016-20 Administration Phone:952.227.1100 Fax:952.227.1110 PROPOSED MOTION Building Inspections Phone:952227.1180 "The Chanhassen City Council approves Wetland Alteration Permit#2016- Fax:952.227.1190 20 and authorize the Water Resources Coordinator to sign the Interagency Engineering Water Resource Application, subject to conditions within this staff report, Phone:952.227.1160 and adopts the attached Findings of Fact and Recommendation." Fax:952.227.1170 City Council approval requires a simple majority vote. Finance Phone:952.2271140 Fax:952.227.1110 EXECUTIVE SUMMARY Park&Recreation Phone:952,227.1120 The applicant is requesting a Wetland Alteration Permit under Chanhassen City Code, Fax:952.227.1110 Chapter 20,Article VI,Wetland Protection, and approval of a wetland replacement plan Recreation Center under the MN Wetland Conservation Act for the purpose of creating a residential 2310 Coulter Boulevard housing development,including 46 single-family residential lots at 9150 and 9250 Great Phone:952.227.1400 Plains Blvd. Fax:952.227.1404 The proposed development will result in .059 acres of impact to Wetland Basin 3. Planning& These impacts will be mitigated for using wetland credits purchased by the applicant Resources Phone:952.227.1130 from account#1175. This wetland bank is located in the same Bank Service Area Fax:952.227.1110 (BSA 9) and Major Watershed 33 as the proposed project. Therefore, the impacts are required to be mitigated for at a 2:1 ratio, resulting in the purchase of.118 acres of Public Works wetland credit from bank#1175. This is consistent with Chapter 8420.0522 of the 7901 Park Place Wetland Conservation Act(WCA) Rules. Phone:952.227.1300 Fax:952.227.1310 Senior Center Phone:952.227.1125 Fax:952.227.1110 Website www.ci.chanhassen.mn.us Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow Todd Gerhardt Foxwood WAP—Planning Case 2016-20 August 22, 2016 Page 2 PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on August 16, 2016,to review the wetland alteration permit for the proposed Foxwood development project. The commission voted five to zero on a motion recommending approval of the wetland alteration permit and wetland replacement plan. The applicant was present but did not come forward during the public hearing. No members of the public were present. The Planning Commission minutes for August 16,2016 are a consent agenda item in the August 22, 2016 packet. RECOMMENDATION Staff recommends adoption of the following motion approving the Wetland Alteration Permit and Wetland Replacement Plan: "The Chanhassen City Council approves Wetland Alteration Permit#2016-20 and authorize the Water Resources Coordinator to sign the Interagency Water Resource Application, subject to conditions within this staff report, and adopts the attached Findings of Fact and Recommendation." ATTACHMENTS 1. Wetland Alteration Permit 2016-20. 2. Planning Commission Staff Report dated August 16, 2016. g:\plan\2016 planning cases\2016-20 9641 Foxwood WAP\executive smnmary_08_22_2016.docxx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA WETLAND ALTERATION PERMIT#2016-20 1. Permit. Subject to the terms and conditions set forth herein,the City of Chanhassen hereby grants a wetland alteration permit for the following use: For the purpose of the proposed Foxwood development at 9150 and 9250 Great Plains Boulevard. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota,and legally described as Sections 23,and 24,T116N,R23W,and has the following Parcel IDs: 250232100 and 250240810. 3. Conditions. The Wetland Alteration Permit was approved subject to the following conditions: Wetland Alteration Permit a. A letter from the Board of Soil and Water Resources stating that the credits have been debited and applied towards this impact must be provided prior to any disturbance of the wetland. b. An erosion prevention and sediment control plan consistent with Section 19-154 of city code must be included. c. The plan must indicate how temporary impacts to the buffer area will be permanently stabilized. d. The applicant must obtain approvals from the Riley Purgatory Bluff Creek Watershed District. 1 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced,this permit shall lapse,unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: August 22, 2016 2 CITY OF CHANHASSEN By: Dennis Laufenburger, Mayor SEAL By: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 20 ,by Denny Laufenburger,Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation,on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen,MN 55317 3 y o PC DATE: August 16, 2016 f ` L � . CC DATE: August 22, 2016 CITY OF CHANHASSEN REVIEW DEADLINE: September 13, 2016 H ASS CASE #: 2016-20 BY: KS PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit#2016-20 and authorize the Water Resources Coordinator to sign the Interagency Water Resource Application, subject to conditions within this staff report, and adopts the attached Findings of Fact and Recommendation." SUMMARY OF REQUEST: The applicant is requesting a Wetland Alteration Permit for the development of a 44-acre site to provide 46 new single-family residential lots. 6 :r LOCATION: 9150 and 9250 Great Plains Blvd (PIDs 25250232100 and 250240810) APPLICANT: Bill Coffman Gonyea Homes and Remodeling r 4 6102 Olson Memorial Highway Golden Valley, MN 55422 PRESENT ZONING: Agricultural Estate(A2) 2030 LAND USE PLAN: Residential Low- Density ACREAGE: 44 Acres • Protect Location DENSITY: N/A «t • LEVEL OF CITY DISCRETION IN DECISION- • MAKING: Wetland Alteration Permit—The city's discretion in approving or denying a Wetland Alteration Permit is limited to whether or not the proposal meets the standards outlined in the Zoning Ordinance. If it meets these standards, the city must approve the wetland alteration permit. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. Planning Commission Foxwood WAP—Planning Case 2016-20 August 16, 2016 Page 2 of 11 PROPOSAL The applicant is requesting a Wetland Alteration Permit under Chanhassen City Code, Chapter 20, Article VI,Wetland Protection, and approval of a wetland replacement plan under the MN Wetland Conservation Act for the construction of a proposed single family residential development at 9150 and 9250 Great Plains Boulevard. APPLICABLE REGULATIONS Chapter 20,Article IV, Conditional Uses: Wetland Alteration Permits follow the Conditional Use Permit criteria Chapter 20, Article VI, Wetland Protection MN Rules Chapter 8420.0500 through 8420.0526 BACKGROUND Bill Coffinan of Gonyea Homes and Remodeling, applicant, is requesting a wetland alteration permit for wetland impacts as a result of a proposed residential development that would involve the creation of 46 new single-family residential lots, as well as related streets,utilities, and stormwater treatment features. Currently,the property at 9150 Great Plains Boulevard is utilized as a wholesale landscape growing facility. The property at 9250 Great Plains Boulevard is currently a single-family residence. A portion of this property would be subdivided and be included in the proposed development. The remaining portion of the property would remain a single-family residence. There are eight identified wetlands located within the proposed project boundaries, shown in Figure 2,below. Wetlands were delineated and identified within the project site in the fall of 2015, and reviewed by the Technical Evaluation Panel on May 10th, 2016. Four additional wetland areas located on the Paulson property were added to the delineation at this time. The amended delineation was submitted on July 5th, 2016 and was approved by the City of Chanhassen on August 9th, 2016. Planning Commission Foxwood WAP—Planning Case 2016-20 August 16, 2016 Page 3 of 11 Figure 2. Existing Wetlands Welland 1s; q ; . fl0. r„r ....._„„, -.... 4 . e7 -, , .... r. l �� .:06 . isin, - _tA'�tr..� .:` . ' -• ,•� �r t. - i..i ` Wetland6 F -!; _rum;... ,��" � r I • ::f (_ ..- 0.01 Ac ! Wetland 5 t s 5A010 •Ac • ,{ t. :0, '' ,f.,..„.._, v jugati.7._.,,,, 0.02 AC �{.�y� �j r 'tlii. m 95Ar 7.77--.....;:f.-:Y: 1,,,,., Wa iso . e Wetland 2 z G 0.16 Ac :w "• G9 :/j- i 4:9 /7 '"of. • rgk ., , f.' ui 4 Wetlands 0.75 Ac tj n 'v©Wetland 4L3 �_9� 4.28 Ac - {^, x f o. oC)1155311 , = , Transact ' ,,- i Sample Pont 1 0ED Approximate Boundary {>`04 908_ 90G�G G ��/ Final Boundary 5_12_1E e i. ti:i±n5c •., '*'' ti `•y�'4 908 Carver County Lida Figure 2-Existing Conditions Map(World Imagery) Wilson NsrserT•Paulson(KIS 2015-170) RA D 250 500 Chanhassen,Minnesota }'" Feet Note.liosivio:ia2i:atoll hL�, T r r !� m tl is 6�cc zea a�roxir ato 101.11AUC F.NVI RON Ai FNMA!SERVIi:I.;CCM PA''. and do no cm7 Z%as oa.•ia::—•n•god= i Planning Commission Foxwood WAP—Planning Case 2016-20 August 16, 2016 Page 4 of 11 In order to accommodate the project, the applicant is proposing to impact .059 acres of Wetland Basin 3, as shown in Figure 3 below. Figure 3. Existing Wetlands sr ft,if," ' if dor4r9r,,--iror4r4or., If inek ./ : r. y• - i ,fir ,r/ { . A . ,0 ; Ili l +'t. 1 • .' P §Jl. $yir( yy{�'�)y�;, �Y{s{`• +"7f t z- I}t' y � a y`4iF ` • �r� 1' M I �•: ".•F. O',. •... . '''•e e47.ver • , ..I•= r r it ' tam 0 est . .L >' t o Wenand 3 Impact , V • 2,565 sq ft(0.0589 ac) l'' , ,' ♦ I s _s'. k e - 0•0 t /.• / ®Proposed Wetland knpact i `, Q Approx mate Boundary �.rc t;. ' • . ///, Final Boundary 12_15 Figure 3 -Proposed Wetland Impact(World Imager•) Wilson Nursery/Paulson(ICES 2016-1',.0) yi t'' A p 250 500 Chanhassen,Minnesota ;� J Feet Not.:Bo�iai/:ia�cara9 j[` tJAIfn cm this Figws L afccorc:d:7 rtJOLHAUC ENVIR(N`M1NTAI.SERVICE-5 C.054E4\1' and do act cmains%L9 +— Planning Commission Foxwood WAP—Planning Case 2016-20 August 16, 2016 Page 5 of 11 DISCUSSION The Interagency Water Resource Permit Application for wetland replacement dated June 27, 2016, was received and noticed on June 30, 2016. The proposed project will result in .059 acres of permanent impacts to Wetland Basin 3,which is one of eight identified wetland basins on the property, shown in Figure 4,below. Wetland Basin 3 has been identified as a Type 1, seasonally flooded basin. It is located in the southern portion of the property and flows into Wetland Basin 8. Figure 4. Proposed Permanent Wetland Impacts to Wetland Basin 3. 7 . , . sr 6t.':..:f' .' II I icr ' C. r•-i, Wetland 3 Impact t'r, , 2;565 sq ft (0.0589 ac) . # • . a ''. * " ; # tie ii rf ir r..71F-'1',-_ ._ ••• --. ... ....' I. . //p, 4, Proposed Wetland Impact tore i Approximate Bcx dart' . +e{; , '9r ti* * ^ ..� '/1 Final nai Boundary 5_12_18 The proposed .059 acres of wetland impacts resulting from the project are to be mitigated for using wetland bank credits purchased by the applicant from account#1175. This wetland bank is located in the same Bank Service Area(BSA 9) and Major Watershed 33 as the proposed project. Therefore,the impacts are required to be mitigated for at a 2:1 ratio,resulting in the purchase of.118 acres of wetland credit from bank#1175. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act(WCA) Rules. Planning Commission Foxwood WAP—Planning Case 2016-20 August 16, 2016 Page 6 of 11 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 MN Interagency Water Resource Application submitted by the applicant: No Build Alternative The no build alternative was not considered to be a viable option, as it would not fulfill the project purpose, needs and goals. Alternate 1: No Impact Alternative A no impact alternative was considered,however dismissed as the impacts to Wetland 3 are the result of a necessary road crossing. An alternative road crossing, which would entail shifting the access road to the north was considered. However, this would eliminate the connection to the parcel to the south, which is required by the City for future development. This crossing would also provide utility services to the adjoining property. Alternate 2 Shifting the road crossing to the east was also considered, which would then cross the wetland at its narrowest point. Due to topography constraints however, this alternative made it difficult to construct a safe and functional road. These alternatives were rejected because they would require a reduction in project scale or eliminate the required connection to the adjacent parcel. Impact Minimization and Avoidance The Wetland Conservation Act requires that if avoidance is not an option, the unavoidable impacts are minimized to the greatest extent practicable. Efforts have been made by the applicant to minimize the proposed wetland impacts by complying with required wetland buffers and stormwater treatment as part of the development. The roadway was also located closer to wetland 4, in order to reduce the amount of fill necessary, and resulting impact to wetland 3, due to elevation difference between the two wetlands. OTHER AGENCIES The applicant is responsible for obtaining any permits or approvals from the appropriate regulatory agencies and compliance with their conditions of approval. Planning Commission Foxwood WAP—Planning Case 2016-20 August 16, 2016 Page 7 of 11 FINDINGS Wetland Alteration Permit Findings—Section 20-409 of the City Code provides that 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. Finding: The proposed wetland impacts that will occur with the Foxwood development have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to minimize impacts to the wetlands on-site and to provide 46 single-family homes to be served by municipal utilities, and create a safe, efficient, and interconnected neighborhood. b. The proposed project will be consistent with the objectives of the City's Comprehensive Plan and the Zoning chapter of the City Code. Finding: The proposal is consistent with the objectives of the City's Comprehensive Plan and City Code. The proposed development is consistent with City zoning. 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. Finding: The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands by locating the access road further to the west. Currently, the proposed project is zoned as Agricultural Estate,but is zoned for Residential Low-Density in the 2030 Land Use Plan. The proposed project is consistent with the character and existing use of the area. d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. Finding: 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 consistent with neighboring uses. e. The proposed project will be served adequately by essential public facilities and services, including streets,police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: Any changes to drainage structures or additional drainage and stormwater facilities needed as a result of the proposed wetland impacts and development will be Planning Commission Foxwood WAP—Planning Case 2016-20 August 16, 2016 Page 8 of 11 designed and constructed by the applicant's contracted consultant in compliance with City design standards. The development will extend municipal infrastructure, which will be served by municipal services. 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. Finding: The proposed wetland impacts associated with the development will not create excessive need for public facilities and services. 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. Finding: 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. Finding: The proposed wetland impacts will not create nor interfere with traffic and surrounding public thoroughfares. When completed, the proposed roadways will result in access for the development and be designed in compliance with City design standards and requirements. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: 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. Finding: The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area. k. The proposed project will not depreciate surrounding property values. Finding: The proposed wetland impacts have been minimized while still allowing for the project to occur. The proposed project is consistent with neighboring uses and the City's 2030 Comprehensive Plan. 1. The proposed project will meet standards prescribed for certain uses as provided in the City Code. Planning Commission Foxwood WAP—Planning Case 2016-20 August 16, 2016 Page 9 of 11 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. Finding: 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. Finding: Efforts have been made by the applicant to minimize the impact on wetlands and vegetation through a variety of measures, which included locating the access roadway further to the west. (3) It shall not adversely change water flow. Finding: The proposed development site's drainage plan is to be designed by the applicant's engineer and comply with the City's design standards and specifications. (4) The size of the altered area shall be limited to the minimum required for the proposed action. Finding: The applicant has made a reasonable effort to limit the proposed wetland impacts through minimization efforts. (5) The disposal of any excess material is prohibited within remaining wetland areas. Finding: 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. Finding: 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. Planning Commission Foxwood WAP—Planning Case 2016-20 August 16, 2016 Page l0of11 (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. Finding: 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. Finding: The applicant has submitted a replacement plan as part of the Interagency Water Resource Application for Wetland Replacement which was received on June 30,2016. 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. of the Wetland Conservation Act(WCA) Rules, and City Code, Chapter 20, Article VI. (9) Dedicated buffers in accordance with Sections 20-411. Finding: The applicant must comply with the City's Wetland Protection Ordinance and the local Watershed District's Wetland Rule. In order to accommodate the proposed project, the plan proposes impacts to one wetland, totaling .059 acres of permanent wetland impact. The applicant, Gonyea Homes and Remodeling, is proposing to replace the permanently impacted area resulting from the proposed driveway construction,using credits from wetland bank#1175. This requires a 2:1 replacement ratio, which is consistent with Chapter 8420.0522. 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. SUMMARY The applicant is requesting a Wetland Alteration Permit and approval of a wetland replacement plan under the MN Wetland Conservation Act for the construction of the proposed Foxwood development located at 9150 and 9250 Great Plains Blvd. The applicant has made sufficient efforts in reducing and avoiding impacts to wetlands on the property. Planning Commission Foxwood WAP—Planning Case 2016-20 August 16, 2016 Page 11 of 11 RECOMMENDATION Staff recommends that the Planning Commission recommends that City Council approve Wetland Alteration Permit#2016-20 and authorize the Water Resources Coordinator to sign the Interagency Water Resource Application, subject to conditions within this staff report, and adopts the following Findings of Fact and Recommendation: Wetland Alteration Permit 1. A letter from the Board of Soil and Water Resources stating that the credits have been debited and applied towards this impact must be provided prior to any disturbance of the wetland. 2. An erosion prevention and sediment control plan consistent with Section 19-154 of city code must be included. 3. The plan must indicate how temporary impacts to the buffer area will be permanently stabilized. 4. The applicant must obtain approvals from the Riley Purgatory Bluff Creek Watershed District. ATTACHMENTS 1. Findings of Fact and Recommendation for Wetland Alteration Permit. 2. Development Review Application. 3. Minnesota Interagency Water Resource Application. 4. Affidavit of Mailing of Public Hearing Notice. 5. Memorandum from Applicant, dated July 27, 2016 g:\plan\2016 planning cases\2016-20 Foxwood WAP\staffreport.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA FINDINGS OF FACT AND RECOMMENDATION WETLAND ALTERATION PERMIT IN RE: Application of Bill Coffman of Gonyea Homes and Remodeling for a Wetland Alteration Permit for wetland replacement for proposed impacts to one wetland,totaling.059 acres,as a part of the proposed residential development project at 9150 and 9250 Great Plains Boulevard—Planning Case 2016-20. On August 16, 2016, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bill Coffinan of Gonyea Homes and Remodeling for a wetland alteration permit to impact one wetland,identified as Wetland Basin 3. The total area proposed to be impacted is .059 acres. The Planning Commission conducted a public hearing on the wetland alteration permit which was preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate(A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low-Density. 3. The legal description of the property is: Sections 23 and 24, T116N, R23W. Wetland Alteration Permit Findings—Section 20-409 of the City Code provides that 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. Finding: The proposed wetland impacts that will occur with the Foxwood development have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to minimize impacts to the wetlands on-site and to provide 46 single-family homes to be served by municipal utilities, and create a safe, efficient, and interconnected neighborhood. b. The proposed project will be consistent with the objectives of the City's Comprehensive Plan and the Zoning chapter of the City Code. Finding: The proposal is consistent with the objectives of the City's Comprehensive Plan and City Code. The proposed development is consistent with City zoning. 1 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. Finding: The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands by locating the access road further to the west. Currently, the proposed project is zoned as Agricultural Estate,but is zoned for Residential Low-Density in the 2030 Land Use Plan. The proposed project is consistent with the character and existing use of the area. d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. Finding: 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 consistent with neighboring uses. e. The proposed project will be served adequately by essential public facilities and services, including streets,police and fire protection, drainage structures,refuse disposal,water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: Any changes to drainage structures or additional drainage and stormwater facilities needed as a result of the proposed wetland impacts and development will be designed and constructed by the applicant's contracted consultant in compliance with City design standards. The development will extend municipal infrastructure, which will be served by municipal services. 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. Finding: The proposed wetland impacts associated with the development will not create excessive need for public facilities and services. 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. Finding: 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. Finding: The proposed wetland impacts will not create nor interfere with traffic and surrounding public thoroughfares. When completed, the proposed roadways will result 2 in access for the development and be designed in compliance with City design standards and requirements. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: 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. Finding: The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area. k. The proposed project will not depreciate surrounding property values. Finding: The proposed wetland impacts have been minimized while still allowing for the project to occur. The proposed project is consistent with neighboring uses and the City's 2030 Comprehensive Plan. 4. 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. Finding: 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. Finding: Efforts have been made by the applicant to minimize the impact on wetlands and vegetation through a variety of measures, which included locating the access roadway further to the west. (3) It shall not adversely change water flow. Finding: The proposed development site's drainage plan is to be designed by the applicant's engineer and comply with the City's design standards and specifications. (4) The size of the altered area shall be limited to the minimum required for the proposed action. 3 Finding: The applicant has made a reasonable effort to limit the proposed wetland impacts through minimization efforts. (5) The disposal of any excess material is prohibited within remaining wetland areas. Finding: 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. Finding: 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. Finding: 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. Finding: The applicant has submitted a replacement plan as part of the Interagency Water Resource Application for Wetland Replacement which was received on June 30,2016. 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. of the Wetland Conservation Act(WCA) Rules, and City Code, Chapter 20, Article VI. (9) Dedicated buffers in accordance with Sections 20-411. Finding: The applicant must comply with the City's Wetland Protection Ordinance and the local Watershed District's Wetland Rule. 4 5. The planning report#2016-20, dated August 16, 2016, prepared by Krista Spreiter, is incorporated herein. RECOMMENDATION The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit#2016-20 and authorize the Water Resources Coordinator to sign the Interagency Water Resource Application, subject to conditions within the staff report. ADOPTED by the Chanhassen Planning Commission this 16th day of August, 2016. CITY OF CHANHASSEN BY: Andrew Aller, Chairman 5 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division—7700 Market Boulevard CITY OF CHANHASSEN Mailing Address—P.O. Box 147, Chanhassen, MN 55317 Phone: (952)227-1300 / Fax: (952)227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: 6/30/2015 PC Date: 8/16/2016 CC Date: 8/22/2016 60-Day Review Date: 8/23/2016 Section 1: Application Type(check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment $600 ❑ Subdivision (SUB) ❑ Minor MUSA line for failing on-site sewers $100 ❑ Create 3 lots or less $300 ❑ Conditional Use Permit(CUP) 111Create over 3 lots $600 + $15 per lot ( lots) ❑ Single-Family Residence $325 ❑ All Others $425 ❑ Metes & Bounds (2 lots) $300 ❑ Consolidate Lots $150 ❑ Interim Use Permit(IUP) El Line Adjustment $150 ❑ Final Plat $700 ❑ In conjunction with Single-Family Residence..$325 (Includes $450 escrow for attorney costs)* ❑ All Others $425 *Additional escrow may be required for other applications EI Rezoning (REZ) through the development contract. ❑ Planned Unit Development (PUD) $750 ❑ Vacation of Easements/Right-of-way(VAC) $300 ❑ Minor Amendment to existing PUD $100 (Additional recording fees may apply) ❑ All Others $500 ❑ Variance (VAR) $200 ❑ Sign Plan Review $150 ® Wetland Alteration Permit (WAP) ❑ Site Plan Review(SPR) ❑ Single-Family Residence $150 ❑ Administrative $100 ® All Others $275 ❑ Commercial/Industrial Districts* $500 Plus $10 per 1,000 square feet of building area: ❑ Zoning Appeal $100 ( thousand square feet) "Include number of existing employees: ❑ Zoning Ordinance Amendment(ZOA) $500 "Include number of new employees: ❑ Residential Districts $500 NOTE: When multiple applications are processed concurrently, Plus $5 per dwelling unit ( units) the appropriate fee shall be charged for each application. ® Notification Sign (City to install and remove) $200 ® Property Owners' List within 500' (City to generate after pre-application meeting) $3 per address (_6_addresses) ® Escrow for Recording Documents (check all that apply) $50 per document ❑ Conditional Use Permit El Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ® Wetland Alteration Permit ❑ Metes & Bounds Subdivision (2 deeds) ❑ Easements ( easements) TOTAL FEE: $543.00 Section 2: Required Information Description of Proposal: Property Address or Location: 9150 and 9250 Great Plains Blvd. Chanhassen Parcel #: 250232100 and 250240810 Legal Description: Sections 23, 24. T116N. R23W Total Acreage: 42.5 Total ac: .059 proposed impact. Wetlands Present? ® Yes ❑ No Present Zoning: A2—Aaricultural Estate Requested Zoning: N/A Present Land Use Designation: Residential Low-Density Requested Land Use Designation: N/A Existing Use of Property: Residential/Aaricultural ❑ Check box is separate narrative is attached. 1 Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: 6102 Olson Memorial Hwy Phone: 612-202-0692 City/State/Zip: Golden Valley, MN 55422 Cell: Email: billcoffman5..cbburnet.com Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: 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, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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. PROJECT ENGINEER(if applicable) Name: Kiolhaua Environmental Services Contact: Ben Carlson Address: 26105 Wild Rose Lane Phone: 952-401-8757 City/State/Zip: Sherwood, MN 55331 Cell: Email: ben(c kiolhauaenv.com Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ® Applicant Via: ® Email ❑ Mailed Paper Copy Address: ® Engineer Via: ® Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing (required). Foxwood City of Chanhassen, Carver County, Minnesota Wetland Permit Application Prepared for Gonyea Homes & Remodeling by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2015-170) June 27, 2016 Foxwood City of Chanhassen, Carver County, Minnesota Wetland Permit Application TABLE OF CONTENTS I. INTRODUCTION/SUMMARY 1 Project Purpose and Need 1 Project Goals and Requirements 2 II. SITE DESCRIPTION 2 Proposed Project Location and Environmental Setting 2 Wetland Delineation and Jurisdictional Status 3 III. PROPOSED PROJECT 3 Proposed Project Description and Schedule 3 IV. SEQUENCING DISCUSSION 4 No-Build Alternative 4 Wetland Avoidance Design 5 Proposed Alternative 5 Wetland Impact Minimization 5 Wetland Impact Rectification 5 Wetland Impact Reduction or Elimination Over Time 5 Proposed Wetland Impacts 6 V. WETLAND REPLACEMENT PLAN 6 Replacement Requirement and Preferred Replacement Plan 6 VI. REQUESTED APPROVALS 6 FIGURES 1. Site Location 2. Existing Conditions Map 3. Proposed Wetland Impact APPENDICES A. Joint Application for Activities Affecting Water Resources in Minnesota B. Proposed Project Plans C. Wetland Bank Credit Purchase Documents Foxwood City of Chanhassen, Carver County, Minnesota Wetland Permit Application I. INTRODUCTION/SUMMARY Gonyea Homes is proposing to develop a 44-acre site in the City of Chanhassen to provide 46 new single-family residential lots with associated streets,utilities, stormwater treatment areas, and buffers on avoided wetlands. Stormwater management practices will provide treatment of runoff prior to discharge to wetlands. The project will be located west of Great Plains Boulevard(Highway 101) and south of Lyman Boulevard(County Road 18) in Section 23, T116N, R23W, City of Chanhassen, Carver County, Minnesota. The project falls in the Riley Creek Minor Watershed and Major Watershed 33 (Minnesota River- Shakopee). The project will require 2,565 square feet(0.0589 acre) of fill in one wetland. The proposed wetland impact is unavoidable due to the need for an interconnected street network and residential land use efficiency. Wetland impacts will be replaced through the purchase of 5,130 square feet(0.1178 acre) of wetland credit from the German Settlement Wetland Bank, account 1175. This wetland bank is located within the same Major Watershed (33) and same Bank Service Area(9). Purchasing wetland credits allows for replacement of wetland functions in advance of wetland fill and replacement of unavoidable wetland impacts with equal or higher functioning compensatory wetland mitigation. The following narrative describes the site,the project, wetland sequencing, and the wetland replacement plan. Figures and appendices are referenced and attached. The Joint Application Form for Activities Affecting Water Resources in Minnesota is included in Appendix A. Proiect Purnose and Need The purpose of Foxwood is to create a residential community that provides low density single- family housing with connections to municipal utilities in the City of Chanhassen. The project will help fulfill the need for a variety of low density housing within the Metropolitan Urban Service Area and the City of Chanhassen, consistent with the City of Chanhassen 2030 Comprehensive Plan. 1 Foxwood Wetland Permit Application Proiect Goals and Requirements The goals and requirements of Foxwood are to: 1. fulfill the project purpose as described above; 2. provide 46 single-family homes served by municipal water and sewer; 3. extend municipal infrastructure and services such as streets and storm sewer to serve the proposed neighborhood; 4. create a safe, efficient, and interconnected transportation network with streets that extend through the neighborhood and connect to adjoining lands; 5. provide effective drainage for the site while capturing and treating stormwater runoff in a manner consistent with local, state and federal standards; 6. avoid and minimize effects on wetlands and water resources to the extent practicable; 7. replace unavoidable wetland impacts with compensatory wetland mitigation that has wetland functions equal to or exceeding those of the impacted wetlands; and 8. establish easements over avoided wetlands and buffers to help ensure their long-term protection. II. SITE DESCRIPTION Pronosed Proiect Location and Environmental Setting The project is proposed on 44 acres of land located west of Great Plains Boulevard(Highway 101)and south of Lyman Boulevard(County Road 18) in Section 23, T116N, R23W, City of Chanhassen, Carver County, Minnesota(Figure 1). The site corresponds to two Carver County PIDs: 250232100 (Wilson Property) and 250240810(Paulson Property). The project falls in the Riley Creek Minor Watershed and Major Watershed 33 (Minnesota River- Shakopee). For the Wilson property,the northeast portion of the site was dominated by a tree nursery,the southern portion was dominated by grassy meadow,hardwood, and coniferous forest. A barn and several structures were present within the nursery portion of the parcel. For the Paulson property, the majority of the site was forested with a single-family home located near the center of the center of the parcel. Adjacent land use was primarily single-family homes,hardwood and coniferous forest, and a community park. The center of the site was highest in elevation with the site sloping downward to the north and south towards Wetlands 1 and 4. Eight depressional wetlands were identified and delineated throughout the two properties (Figure 2). The site topography includes significant slopes and flat basins. Elevations are highest at 934 feet above msl in the center of the site, and lowest at 886 feet in the northwestern part of the site (within Wetland 1). 2 Foxwood Wetland Permit Application Wetland Delineation and Jurisdictional Status Kjolhaug Environmental Services Company(KES)inspected the 38.85-acre Wilson Nursery Property on October 2, 2015 for the presence and extent of wetland. The 4.99-acre Paulson Property was inspected on April 26, 2016 for the presence and extent of wetland. The sites were reviewed and field verified by the Technical Evaluation Panel (TEP) on May 10th. The approved wetland boundaries are shown of Figure 2. The Wilson/Paulson wetland delineation report was submitted to the regulatory agencies on June 7, 2016 and approval is pending(the TEP agreed with the wetland delineation during the site review as depicted on Figure 2). A request to the U.S. Army Corps of Engineers(USACE)for a Preliminary Jurisdictional Determination was submitted with the delineation report. Delineated wetlands are shown on Figure 2 and wetland characteristics are listed in Table 1 below. A copy of the complete Delineation Report is available upon request. Table 1. Wetlands delineated on the Wilson Nursery/Paulson site Wetland I Wetland Type Dominant Vegetation ID I Circular 39 I Cowardin I Eggers and Reed Seasonally flooded 1 Type 1/3/5 PEM 1A/PEM1C/ basin/shallow Reed canary grass, Typha spp. (Wilson) PUBG marsh/shallow open water 2 Type l I PEMIA Seasonally flooded Reed canary grass (Wilson) basin 3 Type l PEMIA I Seasonally flooded Reed canary grass (Wilson) basin Seasonally flooded 4 PEM1A/PEM1C/ basin/shallow Reed canary grass,cattail (Wilson) Type 1/3/5 PABG marsh/shallow open species,sedge species water 5 Type 3 PEM 1C Shallow marsh Sedge,manna grass,Polygonum (Paulson) I sp.,broad-leaved cattail 6Type 1 PEMIA I Seasonally flooded Sedge,hog-peanut (Paulson) basin I Seasonally flooded Typ1 PF01AAmerican elm,bur oak (Paulson) I basin,forested Reed canary grass,garlic Seasonally flooded 8 Type 1/1L/3 PEM 1A/PFO1A/ basin/forested/ mustard,common buckthorn, (Paulson) PEM 1C shallow marsh American elm,boxelder, Typha spp. III. PROPOSED PROJECT Proposed Project Description and Schedule Gonyea Homes is proposing to develop a 44-acre site in the City of Chanhassen to provide 46 new single-family residential lots with associated streets,utilities, stormwater treatment areas, 3 Foxwood Wetland Permit Application and buffers on avoided wetlands (Grading Plan). Stormwater management practices will provide treatment of runoff prior to discharge to wetlands. Foxwood will be consistent with the City of Chanhassen Comprehensive Plan, which guides the area for low density residential development. Paved municipal streets will be extended through the development area to access residential lot locations. Streets will connect to Great Plains Boulevard to the northeast and will be stubbed in for future extension onto adjoining properties to the south. Project construction is expected to start in late summer of 2016. Foxwood will be graded in one phase. Streets and infrastructure such as storm sewer will be installed at the initiation of construction. Earthwork and seeding is expected to be completed by December of 2016. Completion of home construction will follow per market demands. IV. SEQUENCING DISCUSSION All project options considered met the following goals for the development project: 1. Construct 46 single-family homes served by municipal water and sewer. 2. Install utility services, including water, sanitary sewer, communications, and electricity. 3. Provide treatment of storm water to applicable City, State and Federal standards. 4. Mitigate for indirect impacts to wetlands and provide replacement per WCA and Section 404 requirements. The following discussion addresses wetland avoidance, impact minimization, impact reduction and elimination over time, and replacement in compliance with Minnesota Wetland Conservation Act(WCA) and Section 404 of the Clean Water Act(404)requirements. Specifically, the sequencing discussion includes a summary of alternatives considered and changes made to the plan to minimize wetland impacts. No-Build Alternative The No-Build Alternative was considered as a way to eliminate wetland impacts associated with the project. Although the no-build alternative would avoid wetland impacts, it would not fulfill the project purpose, need, goals, or requirements. The No-Build Alternative would not be consistent with the City of Chanhassen Comprehensive Plan,which guides the project area for low density residential development,nor would it be consistent with policies set forth in the Metropolitan Council's 2030 Regional Development Framework, which: (1) targets higher density in locations with convenient access to transportation corridors and adequate sewer capacity, and(2) favors efficient and economical use of regional infrastructure. Even if the no-build alternative were implemented,population growth and development pressure would continue to affect the proposed development site. This would likely cause a similar residential development proposal to arise for the property in the near future. When similar land development proposals have been unsuccessful in the past, another development proposal has typically been brought forth as soon as market conditions become more favorable. For these reasons the no-build alternative was rejected as an approach to avoiding wetland impacts. 4 Foxwood Wetland Permit Application Wetland Avoidance Design A second alternative project design that completely avoids all wetland impacts was considered. A road is proposed to connect the Foxwood development to the adjoining property to the south. This connection requires a crossing of Wetland 3 resulting in 0.0589 acre of wetland impact. The wetland impact could be avoided if the road were stubbed north of the wetland. While this design would eliminate direct impacts to Wetland 3 it would also eliminate the connection to the parcel to the south which is required by the City of Chanhassen for future development. In addition to the road crossing at this location,utilities will cross at this location to the parcel to the south providing services to the adjoining property. A third alternative would be to shift the road crossing to the east approximately 100' to cross the wetland at its narrowest point. However, the topography at this location is rather steep making it difficult to construct a safe and functional road. The topography at the proposed location is flatter and a high point providing a more functional route for the road crossing. Because the direct wetland avoidance alternative design would require a reduction in project scale and would eliminated the required connection to the adjacent parcel-it was rejected as an alternative to avoiding wetland impacts. No alternatives were identified that met all described project requirements while completely avoiding both direct and indirect wetland impacts. Wetland Impact Minimization As previously indicated, shifting the road crossing to the east would minimize wetland impact however the topography at this location would make the road grade difficult to achieve. No other wetland impacts are proposed. Wetland Impact Rectification No temporary wetland impacts are proposed within wetlands on the site. Wetland Impact Reduction or Elimination Over Time Several practices to be implemented to help reduce or eliminate wetland impacts over time, including: 1. designating buffers along avoided wetlands to protect against indirect impacts; 2. seeding disturbed portions of the buffers to appropriate grassland seed mixes to establish permanent cover that will reduce or eliminate soil erosion and effects on offsite wetlands and downstream water resources; 3. constructing stormwater basins to manage and reduce potential effects of stormwater runoff; and 4. complying with the NPDES Industrial Stormwater Permit to reduce pollutants in stormwater discharges. 5 Foxwood Wetland Permit Application Proposed Plan/Summary of Impacts The proposed plan is included in Appendix B (Plan Sheet 22). The proposed project meets the needs of Gonyea Homes, is compatible with adjacent land uses, and all required services can efficiently be extended to the site. The development of this site for a housing development represents orderly and logical use of available property and is an effective use of infrastructure in the City of Chanhassen. Direct impact to Wetland 3 cannot be eliminated without significantly reducing the scope of the project and eliminating the required connection to the adjacent property. The proposed plan requires 0.0589 acre of permanent, unavoidable impact to Wetland 3. V. WETLAND REPLACEMENT PLAN Replacement Requirement and Preferred Replacement Plan, The required replacement for wetland impacts in a county with less than 50 percent of its pre- settlement wetland acreage remaining is at a 2:1 ratio. The project and proposed wetland bank replacement site is in BSA 9 and major watershed#33. The replacement calculations for the project are as follows: 0.0589 acre of proposed fill x 2.0 (2:1 ratio) 0.1178 acre of required replacement Replacement for project impacts will be satisfied through the purchase of 0.1178 acre of Standard Wetland Credit(SWC) from the German Settlement Wetland Bank. The bank site is located in Bank Service Area 9 and major watershed#33,which is the same BSA and watershed as the Foxwoods site. A signed purchase agreement and the Application to Withdrawal Wetland Credits are included in Appendix C. Monitoring and management is the responsibility of the German Settlement Wetland Bank. VI. REQUESTED APPROVALS Developing Foxwood in a manner consistent with the project purpose,need, goals, and requirements will necessitate 2,565 square feet(0.0589 acre)of impact to Type 1 Seasonally flooded wetland(Figure 3). All wetland impacts will occur onsite. This application requests wetland approvals from the City of Chanhassen (Local Government Unit administering the WCA)and the USACE(regulatory authority administering Section 404 of the Clean Water Act). Specifically,this application requests: 1. wetland replacement plan approval from the City of Chanhassen; and 6 Foxwood Wetland Permit Application 2. authorization under RGP-003-MN from the USACE. Foxwood is eligible for authorization under USACE Regional General Permit RGP-003-MN, Category 0,because it is a residential development that will fill less than 0.50 acre of wetlands and Waters of the U.S. 7 Foxwood Wetland Permit Application FIGURES 1. Site Location 2. Existing Conditions Map 3. Proposed Wetland Impact ,,v��}' ,..----.73>---.- I II : t / C. 1$ I • X sWv l*nan Court '`,. 4 gti (..Ri, a. Lyman BoJevard :7-/ 14 1 / 4 �pNi. ' a • E Svc a I, y . t E A Bandimere v Community + P Park 6 ti Project Location -. ti West 96th Street �a ri "e'' LL ©OpenStreetylap(and)contributors,CC-BY-SA Figure 1 - Site Location Map N Wilson Nursery (KES 2015-170) \P� A 0 0.125 0.25 Chanhassen, Minnesota s�. Miles Note:Boundaries indicated iisi s- A- u T u� on this figure are approximate KJOLHAUG ENVIRONMENTAL SERVICES COMPANY and do not constitute an official survey product. �.....ti • 1'�� jWetland1 �`��' -4 o E 17_ _ s--- es,a+ ------ , 8.41 Ac ' co clo1 evo'4I 4 51 .:4 ; �� 8� �ceP r 4592" '_ '896/ :: l+I JJ w ` , �* �4: ;,' Y .f. .e•. r jj` #,.. =902 IJ! +?' r 'tee' AI%� ` Irl « • • 1`' •' ;,,, f ill t- _diary-- 7•,v- 1 4t r. S l to .. ' . Ural 'r Jri�1 rip4 11 vi {t ria0 w $8$ ( !mss'' .d4fisasr�•/ i•. `,., r: •' r _ ,s ski • I 011P, Wetland 6 p'.iitirrr«�'l,,.....• e.,.nk' • .., O) . e*. ir`' .-- - . . ,tirz ` 0.01 Ac o,0" , r., o �' Wetland 5 ,.r� C w ..1 0/411 o. ' ' . , e lit 14 Wetland 7 92. V61 .r,:, owirrr 0.10 Ac w J; �'��, • ;ti r jf; ^� 0.02 Ac �a92 1 et( r : `4 t'N , 914 71 00 94 . " f (922 976" -r '. t � d + .eE>i .�, r 926 , tors ,r'. , ,9A;-, _ Wetland t 6 Ac 2 9-e `� L ‘;Atise..:reri • IL.. "�_ a9Z $a 6--:.--_...--2_-------r:: a. +� ` 2,118 d' CC].J j• � `o''v. ., fes` t ...01._ - g • ►,i,Il� 53:,;1. t. 00 'I'_:_ ' t h-,,,•_,i f� (0- �� , • t ', ,� ay'�" / { 't 4. rl ,r2. � 4 Wetland 8 w\o".il'coll {v• \,. .' ....;ric"...:7„,....:00: a&� = � r'r� . Y . 0.75 AC L1 ,,��• 73 co 9 , 914 �� t` ;'O '1i,Wetland 4 �,� \• 1 4.28 Ac • ''\� \ Wetland3 #I v. N `3 922s'�9�1 ,R `�, 0.16 Ac ." p eel g~` - �- Transect ': �.� . Sample Point Al ' 1 . 894. . Approximate Boundary A,i, [43 90tl 006''902 i , Final Boundary 5_12_16 moo; ��s""q,.9,(7 t ° `: 9081'. Carver County Lidar Figure 2 - Existing Conditions Map (World Imagery) N Wilson Nursery/Paulson (KES 2015-170) j 0 250 500 Chanhassen, Minnesota /: Feet Note:Boundaries indicated ja `` 41. j�' T u�TT/r on this figure are approximate `-- 11JOLL 1AVG ENVIRONMENTAL SERVICES COMPANY and do not constitute an .,,.�,��. official survey product. S t.,•11."' 4:,•-:'i'::.. ;•4.4,('..‘ //I/.; ,iii,'A':....,, ,* t 7 w f`k t I. 4 , 4 't 7.' ' ) '46.. 4 , „,44.'441:2:.'.., :' i'i-,;:t'', /7. "4:t .4- "474',;1:::4_1- �<. +? �. +IR r - z inow �{/ z D�'v S� .s "-` �S r fj, x �S♦ {J[��'J�, 441414 fes, ' `n r`'�' 1 ` lit 1. , •}; 1: no 1/ 1 ar ;iS r te r, •• l l '. � ,C C ,1/( 'J , , �• . .Z 7 s .'1pNR111AI ran ,•�ql' . ,. , • j ' '•, 1 1f Q�r` '''1. a:Au4%Rai {K 1:�' �j+ ttttp It yr nl►Mk r.6i [ rs • tib: ,�., ,j' ` ` a-, t�,.'',„.4i .„. a* - t +" -. ••••• ...,,,,,,..tk., .• • ,,,ik,j e. .-,.'r--(1•1,,,. ,:.i.., ,. ., .' ' ,., ,,.,f.'s r‘ 4.it • . * -f- *. ',,' cr, p,..,, ,,'.,.. - ' i , ... • K' Y t + f I ii yl 16h• . : ..•- ,• ‘'''t .'. •''' r. ':e,4t/f ' ri- f X I); V. .e'../ ....- • i i \ S ,,t.‘• e !!, ,iitrf~.1 ''.>'• k 1, rt^n''.'s?' •fit"' AP ,n Y• , 1 ` +� r • • it p'1""/•••,•-t,t • i '1ir. `" • '.Yom`! �Tl P Wetland 3 Impact , �`: _ �.r .� + 2,565 sq ft (0.0589 ac) fir' r0 �.'*'t`' ,�, �'J • \t', ;�` :} T {� , � kyrIA / / 1,- - ,.., Ikbp,e,' , 4,itt -. :r �� Proposed Wetland Impact 7 / /, Approximate Boundary / / Final Boundary 5_12_16 Figure 3 - Proposed Wetland Impact (World Imagery) N Wilson Nursery/Paulson (KES 2015-170) -_:1;(. A 0 250 500 Chanhassen, Minnesota -,l': Feet ��.." Note:Boundaries indicated 4• on this figure are approximate KJOLLAUG ENVIRONMENTAL SERVICES COMPANY and do not constitute an 1....-..,.•-..„.... official survey product. tiv Foxwood Wetland Permit Application APPENDIX A Joint Application for Activities Affecting Water Resources in Minnesota Project Name and/or Number: Foxwood PART ONE: Applicant Information If applicant is an entity(company,government entity,partnership,etc.),an authorized contact person must be identified. If the applicant is using an agent(consultant,lawyer,or other third party)and has authorized them to act on their behalf,the agent's contact information must also be provided. Applicant/Landowner Name: Bill Coffman,Gonyea Homes&Remodeling Mailing Address: 6102 OLSON MEMORIAL HIGHWAY,GOLDEN VALLEY,MN 55422 Phone: (612)202-0692 E-mail Address: billcoffman@cbburnet.com Contact(do not complete if same as above): Ben Carlson, Kjolhaug Environmental Services Mailing Address: 26105 Wild Rose Lane Sherwood,MN 55331 Phone: 952-401-8757 E-mail Address: ben@kjolhaugenv.com Agent Name: Mailing Address: Phone: E-mail Address: PART TWO: Site Location Information County: Carver City/Township: Chanhassen Parcel ID and/or Address: 250232100(Wilson)and 250240810(Paulson) Legal Description(Section,Township,Range): Section 23,Township 116N,Range 23W Lat/Long(decimal degrees): Attach a map showing the location of the site in relation to local streets,roads,highways. Approximate size of site(acres)or if a linear project,length(feet): 44 acres If you know that your proposal will require an individual Permit from the U.S.Army Corps of Engineers,you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvo.usace.armv.mil/Portals/57/docs/regulatory/RegulatorvDocs/eneform 4345 2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval,exemption determination,jurisdictional determination,or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed,the project purpose and need,and schedule for implementation and completion.The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources(wetland,lake,tributary,etc.)and must also include plans and cross section or profile drawings showing the location,character,and dimensions of all proposed activities and aquatic resource impacts. The applicant is proposing a single-family housing development with 46 lots within the City of Chanhassen. The project is intended to fulfill the need for housing within the City. The City is requiring a necessary road crossing of Wetland 3 to provide a future connection to the property to the south of the Wilson Property. Permanent wetland impact totals 0.0589 acre and will be mitigated for through purchase of 0.1178 acre of wetland credits from the German Settlement Bank in Scott Co. Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 11 Project Name and/or Number: Foxwood PART FOUR: Aquatic Resource Impacts Summary If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each impact in the table below.Include all anticipated impacts,including those expected to be temporary.Attach an overhead view map, aerial photo,and/or drawing showing all of the aquatic resources in the project area and the location(s)of the proposed impacts. Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table. Type of Impact Duration of County,Major Aquatic Existing Plant Aquatic Resource (fill,excavate, Impact Overall Size of Watershed#, Resource Type Community ID(as noted on drain,or Permanent(P) Size of Impact2 Aquatic and Bank (wetland,lake, Type(s)in overhead view) remove or Temporary Resource 3 Service Area# tributary etc.) Impact Area.' vegetation) (T)1 of Impact Areas 3 Wetland Fill P 0.0589 5 ac Seasonally y Carver/#33/ 9 3/ flooded I I I I I I 1 I I I I I I I I 1 I I I I I . 1lf impacts are temporary;enter the duration of the impacts in days next to the'T'. For example,a project with a temporary access fill that would be removed after 220 days would be entered"T(220)". 2lmpacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream followed by the area impact in parentheses). For example,a project that impacts 50 feet of a stream that is 6 feet wide would be reported as 50 ft(300 square feet). 3This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp.8,otherwise enter"N/A". °Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3'd Ed.as modified in MN Rules 8420.0405 Subp.2. 5Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp.7. If any of the above identified impacts have already occurred,identify which impacts they are and the circumstances associated with each: PART FIVE: Applicant Signature ❑ Check here if you are requesting a pre-application consultation with the Corps and LGU based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below,I attest that the information in this application is complete and accurate. I further attest that I possess the authority to undertake the work described herein. ----25ig:-) Signature: W,p Date: 6/27/2016 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 application. 1 The term"impact"as used in this joint application form is a generic term used for disclosure purposes to identify activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to indicate whether or not those activities may require mitigation/replacement. Minnesota Interagency Water Resource Application Form February 2014 Page 4 of 11 Project Name and/or Number: Foxwood Attachment C Avoidance and Minimization Project Purpose,Need,and Requirements.Clearly state the purpose of your project and need for your project. Also include a description of any specific requirements of the project as they relate to project location,project footprint,water management, and any other applicable requirements.Attach an overhead plan sheet showing all relevant features of the project(buildings, roads,etc.),aquatic resource features(impact areas noted)and construction details(grading plans,storm water management plans,etc.), referencing these as necessary: The applicant is proposing a single-family housing development with 46 lots within the City of Chanhassen. The project is intended to fulfill the need for housing within the City. The City is requiring a necessary road crossing of Wetland 3 to provide a future connection to the property to the south of the Wilson Property. Permanent wetland impact totals 0.0589 acre and will be mitigated for through purchase of 0.1178 acre of wetland credits from the German Settlement Bank. Storm water will be treated to local/city/watershed/state standards. Avoidance. Both the CWA and the WCA require that impacts to aquatic resources be avoided if practicable alternatives exist. Clearly describe all on-site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives that avoid all impacts to aquatic resources on the site.These alternatives may include alternative site plans,alternate sites,and/or not doing the project.Alternatives should be feasible and prudent(see MN Rules 8420.0520 Subp.2 C). Applicants are encouraged to attach drawings and plans to support their analysis: All wetlands save Wetland 3 will be avoided. The City is requiring a necessary road crossing of Wetland 3 to provide a future connection to the property to the south of the Wilson Property. The impact to Wetland 3 cannot be avoided. Minimization. Both the CWA and the WCA require that all unavoidable impacts to aquatic resources be minimized to the greatest extent practicable. Discuss all features of the proposed project that have been modified to minimize the impacts to water resources(see MN Rules 8420.0520 Subp.4): The crossing of Wetland 3 minimizes the wetland impact to the extent possible without losing a significant number of lots. Off-Site Alternatives. An off-site alternatives analysis is not required for all permit applications. If you know that your proposal will require an individual permit(standard permit or letter of permission)from the U.S.Army Corps of Engineers,you may be required to provide an off-site alternatives analysis. The alternatives analysis is not required for a complete application but must be provided during the review process in order for the Corps to complete the evaluation of your application and reach a final decision. Applicants with questions about when an off-site alternatives analysis is required should contact their Corps Project Manager. N/A Minnesota Interagency Water Resource Application Form February 2014 Page 7 of 11 Project Name and/or Number: Foxwood Attachment D Replacement/Compensatory Mitigation Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road wetland replacement program.Applicants should consult Corps mitigation guidelines and WCA rules for requirements. Replacement/Compensatory Mitigation via Wetland Banking.Complete this section if you are proposing to use credits from an existing wetland bank(with an account number in the State wetland banking system)for all or part of your replacement/compensatory mitigation requirements. Wetland Bank Bank Major Credit Type Service CountyNumber of Credits Account# Watershed# (if applicable) Area# 1175 Scott I 33 I 9 I Shallow Mrsh I 0.1178 I I I I I I I I I i I Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at least a tentative agreement to utilize the identified credits for the project.This documentation could be a signed purchase agreement,signed application for withdrawal of credits or some other correspondence indicating an agreement between the applicant and the bank owner. However, applicants are advised not to enter into a binding agreement to purchase credits until the mitigation plan is approved by the Corps and LGU. Project-Specific Replacement/Permittee Responsible Mitigation. Complete this section if you are proposing to pursue actions (restoration, creation, preservation,etc.)to generate wetland replacement/compensatory mitigation credits for this proposed project. Corps Mitigation Bank WCA Action Eligible Credit% Credits Major Compensation Acres for Credit' p Requested Anticipated' County Watershed# Service Technique2 Area# I I 1 I l I I I I I 1Refer to the name and subpart number in MN Rule 8420.0526. 2Refer to the technique listed in St.Paul District Policy for Wetland Compensatory Mitigation in Minnesota. 31f WCA and Corps crediting differs,then enter both numbers and distinguish which is Corps and which is WCA. Explain how each proposed action or technique will be completed (e.g.wetland hydrology will be restored by breaking the tile ) and how the proposal meets the crediting criteria associated with it.Applicants should refer to the Corps mitigation policy language,WCA rule language, and all associated Corps and WCA guidance related to the action or technique: N/A Attach a site location map,soils map, recent aerial photograph,and any other maps to show the location and other relevant features of each wetland replacement/mitigation site. Discuss in detail existing vegetation,existing landscape features, land use (on and surrounding the site),existing soils,drainage systems(if present),and water sources and movement. Include a topographic map showing key features related to hydrology and water flow(inlets, outlets,ditches, pumps,etc.): N/A Minnesota Interagency Water Resource Application Form February 2014 Page 8 of 11 Project Name and/or Number: Foxwood Attach a map of the existing aquatic resources,associated delineation report,and any documentation of regulatory review or approval.Discuss as necessary: See Figure 2 For actions involving construction activities,attach construction plans and specifications with all relevant details. Discuss and provide documentation of a hydrologic and hydraulic analysis of the site to define existing conditions,predict project outcomes, identify specific project performance standards and avoid adverse offsite impacts.Plans and specifications should be prepared by a licensed engineer following standard engineering practices. Discuss anticipated construction sequence and timing: N/A For projects involving vegetation restoration,provide a vegetation establishment plan that includes information on site preparation,seed mixes and plant materials,seeding/planting plan(attach seeding/planting zone map),planting/seeding methods,vegetation maintenance,and an anticipated schedule of activities: N/A For projects involving construction or vegetation restoration,identify and discuss goals and specific outcomes that can be determined for credit allocation.Provide a proposed credit allocation table tied to outcomes: N/A Provide a five-year monitoring plan to address project outcomes and credit allocation: N/A Discuss and provide evidence of ownership or rights to conduct wetland replacement/mitigation on each site: N/A Quantify all proposed wetland credits and compare to wetland impacts to identify a proposed wetland replacement ratio.Discuss how this replacement ratio is consistent with Corps and WCA requirements: N/A By signature below,the applicant attests to the following(only required if application involves project-specific/permittee responsible replacement): • All proposed replacement wetlands were not: • Previously restored or created under a prior approved replacement plan or permit • Drained or filled under an exemption during the previous 10 years • Restored with financial assistance from public conservation programs • 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. • 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 will be provided to guarantee successful completion of the wetland 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 submit proof of such recording to the LGU and the Corps. Applicant or Representative: Bill Coffman Title: Applicant Signature: Date: 6/27/2016 Minnesota Interagency Water Resource Application Form February 2014 Page 9 of 11 Foxwood Wetland Permit Application APPENDIX B Proposed Project Plans u b §t9 Wild 1N3W3OVNVW ONY113M E 1 g z g 33 • • 4 q �q'9, F Z F 7 3 ;1 if!S o 3 3 , •y A > 0 0 s < N Q N i S 1V11IV 9fS 1Vld 1VNId II,..4, a 3 CO o Z J 1,110;m m` LI£SS V1OS3NNIW 'N3SSVHNVHO =8€ 3z- V g i g Co c12,6,6 TAle SNIVId 1V3N0 OSI6 414, .„ a bR J -` § $ga Q e OOOMXOd !of3;gf g 8 c a i g i es s z E Ed 6AASY n o � '6 vYtlYY^^m a C n & 9 & ` gee g n YY. 3£ _€ eil aA si;r v a .- E.. a y,of ge.; E � esaA� i. i8 Og !-s'yiri: � ��yy bSm'•NN° �� Y 3 W o u' m i., $rn . igt Z YYg E a Ns...! 6 F t t 5 €a 1„,' 3gat V6ihi 0 :4 3 baba i s a ;,,,agg iihikili N —z " S m 1 a6Y.A2. 1 L - - o S S , 5 £C g w$3y '^ I I — = u n Z c� i Ci i , e = g �� g"i:. 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Sellers and Buyers should obtain the services of qualified legal counsel to adapt this Purchase Agreement to meet their specific needs. PURCHASE AGREEMENT FOR WETLAND BANKING CREDITS THIS AGREEMENT is made this_27th_day of_June_, 2016_between German Settlement (Seller)and_Gonyea Homes (Buyer). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller,the wetland banking credits (Credits) listed below: CREDITS TO BE SOLD Credit Acres or Wetland Plant Community Type3 Cost per State Fee Fee Sub- Sq. Ft. Circ. 39 Acre or Sq. 6.5% Estimate Group' Type2 Foot A. 0.1178 3 Shallow Marsh 60984.00 0.065 309.58 B. 0.065 C 0.065 D. 0.065 E. 0.065 Totals n Check here if additional credit sub-groups are part of this account and are listed on an attachment to this document.. 'A separate credit sub-group shall be established for each wetland or wetland area that has different wetland characteristics. 2Circular 39 types: 1, 1L,2,3,4,5,6,7,8,B,U. 'Wetland plant community type:shallow open water,deep marsh,shallow marsh,sedge meadow,fresh meadow,wet to wet-mesic prairie,calcareous fen,open bog or coniferous bog,shrub-carr/alder thicket,hardwood swamp or coniferous swamp,floodplain forest,seasonally flooded basin. See Wetland Plants and Plant Communities of Minnesota and Wisconsin(Eggers and Reed,1997)as modified by the Board of Water and Soil Resources,United States Army Corps of Engineers.. 2. Seller represents and warrants as follows: a) The Credits are deposited in an account in the Minnesota Wetland Bank administered by the Minnesota Board of Water and Soil Resources (BWSR)pursuant to Minn. Rules Chapter 8420.0700-.0760. Page 1 of 2 BWSR Form:wca-bank-12(purchase agreement).doc Revised 6/26/2014 b) Seller owns the Credits and has the right to sell the Credits to Buyer. 3. Buyer will pay Seller a total of$_7183.92_for the Credits, as follows: a) $_0_as earnest money,to be paid when this Agreement is signed; and b) The balance of$_7183.92 to be paid on the Closing Date listed below. 4. [® ] Buyer, [❑] Seller agrees to pay to a withdrawal fee of$_309.58_to the State of Minnesota based on 6.5%of the agreed to purchase price. At the Closing Date, [®] Buyer, [❑ ] Seller will execute a check made out for this amount,payable to the Board of Water and Soil Resources. 5. The closing of the purchase and sale shall occur on_September 16 , 2016_(Closing Date) at _. The Closing Date and location may be changed by written consent of both parties. Upon payment of the balance of the purchase price, Seller will sign a fully executed Application for Withdrawal of the Credits in the form specified BWSR, provide a copy of the Application for Withdrawal to the Buyer and forward the same to the BWSR along with the check for the withdrawal fee. 6. Buyer has applied or will apply to_City of Chanhassen_(Local Government Unit(LGU)or other regulatory authority) for approval of a replacement plan utilizing the Credits as the means of replacing impacted wetlands. If the LGU has not approved the Buyer's application for a replacement plan utilizing the Credits by the Closing Date, and no postponement of the Closing Date has been agreed to by Buyer and Seller in writing,then either Buyer or Seller may cancel this Agreement by giving written notice to the other. In this case, Seller shall return Buyer's earnest money, and neither Buyer nor Seller shall have any further obligations under this Agreement. If the LGU has approved the replacement plan and the Seller is ready to proceed with the sale on the Closing Date, but Buyer fails to proceed,then the Seller may retain the earnest money as liquidated damages. (Signature of Seller) (Date) (Signature o Byer)` V.1'. (Date) / Page 2 of 2 BWSR Form:wca-bank-12(purchase agreement).doc Revised 6/26/2014 Transaction Form for Withdrawal of Wetland Credits from the Minnesota Wetland Bank If the layout of this form looks incorrect, click on View, Edit Document,then save to your computer. 1. Credit User This space is forBWSR use only. To be completed by the person or entity proposing to use the wetland credits. Debit Date: Name: Bill Coffman, Gonyea Homes & Remodeling Organization(if applicable): Street Address: 6102 Olson Memorial Highway City,State,Zip: Golden Valley, MN 55422 Phone: 612-202-0692 *E-Mall Address: billcoffman@cbburnet.com 2. Wetland Impact Information To be completed for the project with wetland impacts that this withdrawal is intended to replace. Project Name: Foxwood Wetland Impact Size(acres): 0.05890 County of Impact: Carver Replacement Ratio: 2:1 Impact Major Watershed#: 33 Total Replacement Required (acres): 0.11780 Impact Bank Service Area: 9 **Sec. 23 Twp. 116 Rge.23 **Projects with multiple impact locations should use the most central location in relation to the project as a whole. Are Federally Authorized Credits needed for this project(Y or N)? N If yes,you must provide Corps Permit Number: MVP- LGU File#(if applicable): Comments: By signature below,the proposed user of credits attests that he/she owns or has purchased the credits identified in this application and has received approval from the applicable regulatory authority(ies). Credit User Signature: Date: 3. Regulatory Approval/Authorization By signature below,the identified agency and authorized representative 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 similar agreement under their jurisdiction, and c)approve the proposed use of the wetland bank credits described herein. WCA LGU/Agency: City of Chanhassen *E-mail address: KSpreiter@ci.chanhassen.mn.us LGU Representative: Krista J. Spreiter Signature: Date: (for NRCS, USACE, etc. if applicable) Agency Name/Location: *E-mail address: Representative: Signature: l'fatc: *Confirmation will be e-mailed to user,seller, and regulatory representative when the transaction is complete. If you would like others notified, enter e-mail addresses here. Rev 5/26/2016 Transaction Form for Withdrawal of Wetland Credits Page 1 of 2 C:\Users\Mark K\Dropbox\Dropbox\projects\2015\Gonyea Homes-Chanhassen\Permit Folder\transaction_form_for_withdrawal_of_credits-1.docx Transaction Form for Withdrawal of Wetland Credits from the Minnesota Wetland Bank 4. Withdrawal Information To be completed by seller of credits(account holder). Bank Service Area: 9 Account Number: 1175 County: Scott Federally Credit Authorized Number of Credits to be Cost of Purchased Subgroup Credits needed Plant Community Type Cost per Credit Withdrawn (acre) Credits Letter for Project (acre) (acre=ft2/43560) (cost per credit x number of credits) (Y or N) A I Y I Shallow Marsh I $60984.00 I 0.1178 I $7183.92 $0.00 $0.00 $0.00 TOTAL I I 0.1178 I $7183.92 /f TOTAL does not calculate,right c/ick, Update Field Table Enter County Fee from www.bwsr.state.mn.us/wetlands/wetlandbankina/fee and sales data/Wetland Bank Fee Schedule.ndf Tablecount of seller's Table ( bank) 6.5/0 of sale price 2628.00 Above TOTAL x County Transaction Fee(choose either amount) Fee $466.95 $309.58 Attach check payable to Minnesota Board of Water and Soil Resources. By signature below I seller and holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank certify that: 1) The credits described in this application have been sold to the credit user or will be used for my own project; 2) I have received payment in full from the buyer(if applicable); 3) The credits described in this application have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the wetland impact information block on the previous page; 4) The credits described in this application should be withdrawn from my account; and 5) I will not have a negative balance of credits after the subject credits are debited from my account Seller Name(print): Seller Signature: Date: Seller e-mail*: 1. The account holder of the credits is responsible for submittal of this form, containing 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 and a copy of this form, with stamped debit date, has been received by the regulatory authority(ies), the account holder, and the credit user. 3. This form is not an application form. It is a transaction form to be used in association with an approved project that impacts wetlands and requires wetland replacement. When this form is completed and all required signatures are obtained, send with the fee check(s)to: Wetland Bank Administration Minnesota Board of Water and Soil Resources 520 Lafayette Road North Saint Paul, MN 55155 Disclaimer any transaction in the wet/and banking system is public information. Rev 5/26/2016 Transaction Form for Withdrawal of Wetland Credits Page 2 of 2 C:\Users\Mark K\Dropbox\Dropbox\projects\2015\Gonyea Homes-Chanhassen\Permit Folder\transaction_formfor_withdrawal_of_credits-1.docx CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen,being first duly sworn, on oath deposes that she is and was on May 26,2016, 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 a request for a Wetland Alteration Permit, Conditional Use Permit for development in the Bluff Creek Overlay District(BCOD), rezoning from Agricultural Estate District (A2) to Residential Low and Medium Density(RLM), and a 52-lot subdivision with variances on 43.55 acres of property — Planning Case 2016-13 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. aZJINVI- 9..A-A-G4---)L Kim T.\reuwissen, Dep�lerk II :'""''s.JENNIFER ANN POTTER Notary Public-Minnesota �'+�;;.' 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QaJ (v PID Taxpayer Name Taxpayer Address Taxpayer City-State-Zip 250232100 JAMES D&JENNIFER J WILSON REV TRUSTS 5730 YANCY AVE NEW GERMANY, MN 55367-9327 250240810 PAUL D&CAROL L PAULSON 9250 GREAT PLAINS BLVD CHANHASSEN, MN 55317-8641 250240811 DAVID R& MARY B BLANSKI 9350 GREAT PLAINS BLVD CHANHASSEN, MN 55317-8642 250242900 GIANETTI PROPERTIES LLC 2899 HUDSON BLVD ST PAUL,MN 55128-7100 250250100 PAMELA A O'NEILL 40 LAKE RILEY TRL CHANHASSEN, MN 55317-4541 250251200 WADE W MARSHALL 9441 GREAT PLAINS BLVD CHANHASSEN, MN 55317-8607 250251300 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN, MN 55317-8201 250251510 TIMOTHY J LOWE 601 96TH ST W CHANHASSEN, MN 55317-8602 250251600 JAMES&ARLENE J CHURCH 611 96TH ST W CHANHASSEN, MN 55317-8602 250251700 STEPHEN J&COLEEN M WILKER 621 96TH ST W CHANHASSEN, MN 55317-8602 250251800 KEVIN L&LORI A BOGENREIF 631 96TH ST W CHANHASSEN, MN 55317-8602 250251900 RICHARD A&BETTY A DERHAAG 711 96TH ST W CHANHASSEN, MN 55317-8603 250252000 DOUGLAS L&PAULA JO STEEN .70196TH ST W CHANHASSEN, MN 55317-8603 250252100 WILLIAM F&MARY E HEINLEIN 721 96TH ST W CHANHASSEN, MN 55317-8603 250252400 GARYJ& MARY LANE BENDZICK 731 96TH ST W CHANHASSEN, MN 55317-8603 250253100 ROBERT&CHRISTIN E BOECKER 610 96TH ST W CHANHASSEN, MN 55317-8601 250253200 LESLIE L O'HALLORAN 710 96TH ST W CHANHASSEN, MN 55317-8603 250253210 GREGORY M FALCONER ,720 96TH ST W CHANHASSEN, MN 55317-8603 250253300 ROGER A& KIMBERLY A LEE 600 96TH ST W CHANHASSEN, MN 55317-8601 250253400 WESLEY&CAROL DUNSMORE 730 96TH ST W CHANHASSEN, MN 55317-8603 250253500 ANDREW T RIEGERT 620 96TH ST W CHANHASSEN, MN 55317-8601 250253600 JAMES M&TERESA A BYRNE 700 96TH ST W CHANHASSEN, MN 55317-8603 250253800 THEODORE B&KAREN K HASSE 1630 96TH ST W CHANHASSEN, MN 55317-8601 250900040 STEVEN A& RENEE A WILLIAMS 9291 KIOWA TRL CHANHASSEN, MN 55317-8615 250900050 NORMAN E&STACY A KRUSE 9351 KIOWA TRL CHANHASSEN, MN 55317-8617 250900060 GEORGE-ANN LILLIE 9355 KIOWA TRL CHANHASSEN, MN 55317-8617 250900070 EDWIN MICHAEL DOMKE 19361 KIOWA TRL CHANHASSEN, MN 55317-8617 250900080 RICHARD C BRAMA 19371 KIOWA TRL CHANHASSEN, MN 55317-8617 250900090 MARK A& PAMELA K MOKSNES 9381 KIOWA TRL ;CHANHASSEN, MN 55317-8617 250900100 JOYCE E KING 9391 KIOWA TRL CHANHASSEN, MN 55317-8617 250920030 FREDERICK W&JUDITH AMRHEIN 9350 KIOWA TRL CHANHASSEN, MN 55317-8616 251550022 TIMOTHY A&DAWNE M ERHART ;9611 MEADOWLARK LN CHANHASSEN, MN 55317-8695 252660010 R&C BRANDT JOINT REV TRUST PO BOX 722 CHANHASSEN, MN 55317-0722 252660020 MARK J&KAREN G GALLER 9376 KIOWA TRL CHANHASSEN, MN 55317-8616 252660030 PAUL T ANDERSON 9380 KIOWA TRL CHANHASSEN, MN 55317-8616 252660040 RYAN STEWART 19390 KIOWA TRL CHANHASSEN, MN 55317-8616 253650010 CARISSA E HAVERLY 750 96TH ST W CHANHASSEN, MN 55317-8603 253650020 CHARLES E&SANDRA R WORM TRUSTS 760 W 96TH ST CHANHASSEN, MN 55317-8603 253910010 JAMES E&JEAN M SLOSS 9360 KIOWA TRL CHANHASSEN, MN 55317-8616 253910020 JEFFERY C&MARYELLEN J SEELEY 9366 KIOWA TRL CHANHASSEN, MN 55317-8616 257800070 BRIAN EDDS 575 SUMMERFIELD DR CHANHASSEN, MN 55317-7645 257800080 TIMOTHY S&TAMARA S MILLER 579 SUMMERFIELD DR CHANHASSEN, MN 55317-7645 257800090 TIMOTHY M VICCHIOLLO 583 SUMMERFIELD DR 'CHANHASSEN, MN 55317-7645 257800100 DANEILJ MUELLER 587 SUMMERFIELD DR CHANHASSEN, MN 55317-7645 257800110 ERIC W LORENTZSON 591 SUMMERFIELD DR CHANHASSEN, MN 55317-7645 257800120 AUVANTE HOLDINGS LLC 595 SUMMERFIELD DR CHANHASSEN, MN 55317-7645 257800130 PAUL C SCHNETTLER 599 SUMMERFIELD DR CHANHASSEN, MN 55317-7645 257800390 SPRINGFIELD HOMEOWNERS ASSN 7100 MADISON AVE GOLDEN VALLEY, MN 55427-3602 258470010 DAVID G DELFORGE 891 LYMAN BLVD CHANHASSEN, MN 55317-9161 258470020 FRANK T&MARY LOU WHALEY 851 LYMAN BLVD CHANHASSEN, MN 55317-9161 258470030 LAURENE E FARRELL ;801 LYMAN BLVD CHANHASSEN, MN 55317-9161 ALLIANT ENG IN E ERI NC Memorandum TO: Terry Jeffery CC: Bill Coffman FROM: Mark Rausch,PE DATE: July 27,2016 SUBJECT: Foxwood—Wetland Permit Application Wetland Avoidance Sequencing Support Kjolhaug Environmental Services(KES)has assembled the Wetland Permit Application for the Foxwood development project. KES has identified the following three alternatives for wetland avoidance for the project: 1. No build 2. Creation of a development that does not have a road connection to the property to the south 3. 100' easterly shift of the roadway alignment to cross at the wetland minimum width point Alternatives (1 and 2) are straight forward with the explanation provided in the KES permit application. KES has identified that alternative 3 would result in a less functional and potentially less safe roadway. This memo provides additional support of the KES statement. The City of Chanhassen's"Foxwood"development approval has required the extension of public right of way including watermain be provided to the property south of the existing Wilson Nursery property. The roadway extension does requires impact to a narrow waterway between two larger wetland cells. The waterway is a swale conveying overflow drainage from west to east from wetland 4 (identified as 4 in the KES delineation report)to wetland 3. The connecting swale has been defined as wetland by KES and they have chosen to include the swale as part of the wetland 3 complex. The main cells of wetlands 3 and 4 are at significantly different elevations with wetland 4 at a much higher elevation of 894.5, and wetland 3, 14' lower at 880.4. The distance between the main cells of wetlands 3 and 4 is as close as 194 feet limiting the amount of space available to construct a roadway in-between the two. The City desires this proposed roadway extension as it will provide an alternate local connector from TH 101 (Great Plains Blvd)to Powers Boulevard. The roadway connection will be a minor collector which is defined by the City of Chanhassen as: 233 Park Ave S,Ste 300 612.758.3080 MAIN Minneapolis,MN 55415 612.758.3099 FAX www.alliant-inc.com Foxwood Wetland Permit Application Support Memo Page 2 of 2 "Minor collectors are streets or roadways providing travel between local streets and the arterial roadway network,or serving multifamily development or neighborhood centers or services such as fire stations, parks or schools." As this roadway is to be a minor collector it serves a greater functional purpose than the lesser local roadway classification. A minor collector roadway design typically includes greater visibility by limiting horizontal roadway curves and/or having lesser rates or curvature for any necessary horizontal curves. As designed and aligned the roadway requires only one 250' radius horizontal curve through the wetland impact area. This design provides excellent sightlines through this curving segment of roadway that is also at a low point sag curve ending the road stretch dropping at 6%elevation from the north. A shift of the roadway easterly in attempt to find a `narrower' segment of the wetland connection swale would require the addition of 2 more horizontal road curves and those curves would be required a rate of curvature less than the currently proposed 250' radius. The addition of more and tighter horizontal curves would reduce sightline visibility through this stretch of road reducing the potential safety of the roadway. The additional curves and tighter rate of curvature would also result in lesser traffic flow efficiency reducing the functionality of the minor collector. The significant elevation difference between the two wetlands creates a challenge in aligning the proposed roadway extension between the 2 wetlands. The roadway does need to be set at an elevation above the estimated high water level of the higher wetland 4 to prevent potential road flooding. The significant elevation difference between the wetlands results in a grading challenge when aligning the roadway closer to wetland 3. The closer the road is to Wetland 3, the greater the extension of fill/embankment is needed on the wetland 3 side of the roadway. The proposed roadway elevation must be maintained to prevent flooding from wetland 4 and since wetland 3 is 14' lower than wetland 4, locating the roadway closer to wetland 4 reduces the necessary grading impact to the wetland area on the wetland 3 side of the road. To limit the potential wetland impact,the City could allow modifications to their typical design standards. The City could allow: 1. A modified road section 2. Elimination of sidewalk requirement 3. Negative boulevard slope grading from the proposed back of curb 4. Allow retaining walls within public easement or right of way The current design includes a 31' curb back to back roadway width with a sidewalk on 1 side of the road and 2%positive slope right of way boulevard. The City could explore reducing the roadway width to 28' back to back and eliminate the sidewalk in the area to reduce the roadway "footprint"through the impact area. The City could allow `negative' slope grading and retaining wall construction within the right of way to limit the amount of wetland impact resulting from grading the roadway to the required elevation.