8. WAP Appendix A Avienda
Wetland Permit Application
APPENDIX A
Joint Application for Activities Affecting Water Resources in Minnesota
Project Name and/or Number: Avienda,Chanhassen, MN
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: Level 7 Development, LLC(contact Mark Nordland)
Mailing Address: 8315 Cascade Drive,Suite 165, Eden Prairie, MN 55344
Phone: (612) 812-7020
E-mail Address: mnordland@launchproperties.com
Authorized Contact(do not complete if same as above): Darren Lazan, Landform Professional Services
Mailing Address: 105 5th Ave S, Minneapolis, MN 55401
Phone: 612-252-9070
E-mail Address: Darren B. Lazan,RLA<dlazan@landform.net>
Agent Name: Melissa Barrett, Kjolhaug Environmental Services
Mailing Address: 26105 Wild Rose Lane,Shorewood, MN 55331
Phone: 952-401-8757
E-mail Address: Melissa@kjolhaugenv.com
PART TWO: Site Location Information
County: Carver City/Township: Chanhassen
Parcel ID and/or Address: 250230500,250230420,250230430,250230410,and 250230300
Legal Description(Section,Township,Range): Sec23,T116,R23
Lat/Long(decimal degrees): 44°50'15" N;93°33"27"W
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): Site=119.88-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.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform 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.
See Sections 1,2,and 5.5 of the attached Avienda Wetland Permit Application.
Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 12
Project Name and/or Number: Avienda,Chanhassen,MN
PART FOUR: Aquatic Resource Impact' 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 Aquatic
(fill, excavate, Impact Overall Size Existing Plant Watershed#,
Resource ID(as Resource Type Size of
drain,or Permanent(P) of Aquatic Community Type(s) in and Bank
noted on (wetland, lake, Impact2 a
remove or Temporary Resource 3 Impact Area Service Area#
overhead view) tributary etc.) vegetation) (T)1 of Impact Areas
Wetland 1 Wetland Fill P 1.001 1.001 Shallow marsh/wet Carver, 33,9
meadow
Wetland 1/2 Wetland Fill P 0.1860 0.1860 Wet meadow Carver, 33,9
Wetland 2 Wetland Fill P 2.2569 2.2569 Open water/shallow Carver,33,9
marsh/wet meadow
Wetland 4 Wetland Fill P 0.1253 0.1253 Wet meadow Carver,33,9
Wetland 5 Wetland Fill P 0.3483 0.3483 Seas fl basin Carver,33,9
Wetland 6 Wetland Fill P 0.5302 0.5302 Wet meadow Carver,33,9
Wetland 6 Wetland Excavate P 0.2514 0.2514 Wet meadow Carver,33,9
Wetland 7 Wetland Fill P 0.0150 0.0150 Wet meadow Carver,33,9
Wetland 8 Wetland Fill P 0.0844 0.0844 Wet meadow Carver,33,9
Wetland 9 Wetland Excavate P 0.0985 0.9850 Seas fl basin Carver, 33,9
North Waterway Fill P 383.5-ft 383.5-ft Open water Carver,33,9
Waterway (767 sf)sf) (767 sf)sf)
South Waterway Fill P 331-ft(662 331-ft(662 None/Water Carver, 33,9
Waterway sf) sf)
llf 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:
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 12
Project Name and/or Number: Avienda,Chanhassen,MN
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.
Signature: � Date: \/\\IR.
.
I hereby authorize to act on my behalf as my):-nt in the processing of this application and to furnish, upon request,
supplemental-information in support of this application.
Minnesota Interagency Water Resource Application Form February 2014 Page 5 of 12
Attachment A
Request for Delineation Review, Wetland Type Determination, or
Jurisdictional Determination
By submission of the enclosed wetland delineation report, I am requesting that the U.S.Army Corps of Engineers,St. Paul District
(Corps)and/or the Wetland Conservation Act Local Government Unit(LGU)provide me with the following(check all that apply):
®Wetland Type Confirmation
® Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU
concurring, not concurring,or commenting on the boundaries of the aquatic resources delineated on the property.Delineation
concurrences are generally valid for five years unless site conditions change. Under this request alone,the Corps will not address
the jurisdictional status of the aquatic resources on the property,only the boundaries of the resources within the review area
(including wetlands,tributaries,lakes,etc.).
®Preliminary Jurisdictional Determination.A preliminary jurisdictional determination (PJD)is a non-binding written indication
from the Corps that waters,including wetlands,identified on a parcel may be waters of the United States. For purposes of
computation of impacts and compensatory mitigation requirements,a permit decision made on the basis of a PJD will treat all
waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be
appealed.
El Approved Jurisdictional Determination.An approved jurisdictional determination(AJD)is an official Corps determination that
jurisdictional waters of the United States are either present or absent on the property.AIDS can generally be relied upon by the
affected party for five years.An AJD may be appealed through the Corps administrative appeal process.
In order for the Corps and LGU to process your request,the wetland delineation must be prepared in accordance with the 1987
Corps of Engineers Wetland Delineation Manual,any approved Regional Supplements to the 1987 Manual,and the Guidelines for
Submitting Wetland Delineations in Minnesota(2013).
http://www.mvp.usace.armv.mil/Missions/Regulatory/Delineation1DGuidance.aspx
Minnesota Interagency Water Resource Application Form February 2014 Page 6 of 12
Project Name and/or Number: Avienda,Chanhassen,MN
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:
See Sections 1,2,3,and 5 of the attached Avienda Wetland Permit Application.
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:
See Section 5 of the attached Avienda Wetland Permit Application.
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):
See Section 5 of the attached Avienda Wetland Permit Application.
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.
See Section 3 of the attached Avienda Wetland Permit Application.
Minnesota Interagency Water Resource Application Form February 2014 Page 8 of 12
Project Name and/or Number: Avienda,Chanhassen,MN
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 Major Bank Credit Type
County Service Number of Credits
Account# Watershed# (if applicable)
Area#
TBD TBD TBD 9 TBD 9.9922
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 AcresCounty Service
for Credit' Requested Anticipated3 Watershed#
Technique2 Area#
'Refer 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.
3If 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:
NA
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.):
NA
Minnesota Interagency Water Resource Application Form February 2014 Page 9 of 12
Project Name and/or Number: Avienda,Chanhassen,MN
Attach a map of the existing aquatic resources, associated delineation report,and any documentation of regulatory review or
approval. Discuss as necessary:
NA
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:
NA
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:
NA
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:
NA
Provide a five-year monitoring plan to address project outcomes and credit allocation:
NA
Discuss and provide evidence of ownership or rights to conduct wetland replacement/mitigation on each site:
NA
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:
NA
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: Title: orhev4
Signature: Date: t 11,
Minnesota Interagency Water Resour -Application Form February 2014 Page 10 of 12