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10. WAP Appendix C Avienda Wetland Permit Application APPENDIX C Wetland Delineation Notice of Decision Minnesota Wetland Conservation Act Notice of Decision Local Government Unit(LGU) Address City of Chanhassen 7700 Market Boulevard,PO Box 147 , Chanhassen,MN 55317 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Landform Professional Services, The District at Vincent Ridge Application Number LLC(Darren B.Lazan) 10/7/2015 2015-06 1 Attach site locator map. Type of Decision: • ®Wetland Boundary or Type 0 No-Loss ❑Exemption 0 Sequencing 0 Replacement Plan 0 Banking Plan Technical Evaluation Panel Findings and Recommendation(if any): ❑ Approve 0 Approve with conditions 0 Deny Summary(or attach): 2.LOCAL GOVERNMENT UNIT DECISION Date of Decision: November 9,2015 ❑Approved ® Approved with conditions(include below) 0 Denied BWSR Forms 11-25-09 Page 1 of 3 LGU Findings and Conclusions(attach additional sheets as necessary): Kjolhaug Environmental Services,on behalf of Landform Professional Services,has performed a wetland determination and boundary delineation for the District at Vincent Ridge potential project site,located in the SW lA of Section 23,T116N,R23W,within the City of Chanhassen,and having the following parcel IDs: 250230300,250230410,250230420,250230430,and 250230500.This delineation is meant to augment the 2014 delineation performed by Sambatek,which identified 6 wetland basins on-site.After the TEP review on November 7,2014,it was concluded that:Wetland basins 1 and 2 were connected and thus resulted in one larger wetland basin,those basins which were found to be exempt in 2007 needed to be included in the delineation,and additional wetland basins existed east of Wetland 2 along the drainage way. Wetlands on-site were re-evaluated by Kjolhaug Environmental Services on July 20 and August 28, 2015.During this evaluation,the following revisions were made: • Wetlands 1 and 2 were delineated as one wetland basin after the wetland area connected the two basins was delineated(Wetland 1/2A) • Two new wetland areas were delineated(Wetlands 7 and 8) • The northern boundary of Wetland 6 was revised due to filling as a result of the recent Lyman Blvd Roadway Project • Wetland 9 was added to the delineation.This wetland was granted an Agricultural Exemption in 2007. Wetlands 1,2, 1/2A,3,6,and 9 are identified on the National Wetland Inventory map.None of the wetlands within the project site have been identified on the Public Waters Inventory map. Based upon our review,the City of Chanhassen,as the LGU responsible for administration of Minnesota R.8420, concurs with the delineated boundary and types as identified in the wetland determination and delineation report prepared by Kjolhaug Environmental,dated October 1,2015, and the wetland boundaries shown within the report.The Application for Wetland Boundary and Type was noticed on October 8,2015.No additional comments were received from the Technical Evaluation Panel members or from the public. This concludes our review. Upon the provision of the electronic representation of the delineated boundaries(*.shp or *.dwg),this delineation will be considered approved. BWSR Forms 11-25-09 Page 2 of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account# Bank Service Area County Credits Approved for Withdrawal(sq. ft.or nearest .01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU,the approval of a Wetland Replacement Plan is conditional upon the following: ❑Financial Assurance:For project-specific replacement that is not in-advance,a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑Deed Recording:For project-specific replacement,evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑Credit Withdrawal:For replacement consisting of wetland bank credits,confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp.5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist,they have been provided to the landowner and are available from the LGU upon request. Name Title Terrance Jeffery,WDC Water Resources Coordinator Signature" / Date Phone Number and E-mail 952.227.1168 �� 4t°'' t°tr" tjeffery@d.chanhassen.mn.us '',I S D:ri S .s N ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Addy' s • yuvals or permits from local, state, and federal agencies may be required. Check with all appropriate a orities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal(30 days)has expired.If this decision is reversed or revised under appeal,the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3.APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905,any appeal of this decision can only be commenced by mailing a petition for appeal,including applicable fee,within thirty(30)calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ► Appeal of an LGU staff decision. Send 0 Appeal of LGU governing body decision. petition and$50.00 fee(if applicable)to: Send petition and$500 filing fee to: Chanhassen City Council Executive Director do Todd Gerhardt,City Manager Minnesota Board of Water and Soil Resources 7700 Market Blvd,PO Box 147 520 Lafayette Road North Chanahssen,MN 55317 St. Paul,MN 55155 BWSR Forms 11-25-09 Page 3 of 3 4.LIST OF ADDRESSEES ® SWCD TEP member: Chip Hentges,Aaron Finke ® BWSR TEP member:Ben Meyer O LGU TEP member(if different than LGU Contact): • DNR TEP member(notice only): ® DNR Regional Office(if different than DNR TEP member): WD or WMO(if applicable): Claire Bleser,Riley-Purgatory-Bulff Creek Watershed District ® Applicant(notice only)and Landowner(if different):Darren B.Lazan,Landform Professional Services,LLC ® Members of the public who requested notice(notice only): Melissa Barrett,Kjolhaug Environmental ® Corps of Engineers Project Manager(notice only)Melissa Jenny ❑ BWSR Wetland Bank Coordinator(wetland bank plan applications only): 5.MAILING INFORMATION >For a list of BWSR TEP representatives,see: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pdf >For a list of DNR TEP representatives,see:www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.pdf >Department of Natural Resources Regional Offices: NW Region: NE Region: Central Revlon: Southern Region: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess. Reg.Env.Assess.Ecol, Div.Ecol.Resources Div.Ecol.Resources Ecol. Div.Ecol.Resources 2115 Bircl nlont Beach Rd. 1201 E.Hwy.2 Div.Ecol.Resources 261 Hwy. 15 South NE Grand Rapids,MN 1200 Warner Road New Ulm,MN 56073 Bemidji,MN 56601 55744 St.Paul,MN 55106 For a map of DNR Administrative Regions,see:http://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf >For a list of Corps of Project Managers,see: www.rnvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: >Dept.of the Army,Corps of Engineers,St.Paul District ATTN:CO-R, 190 Fifth Street East St.Paul,MN 55101-1638 >For Wetland Bank Plan applications,also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St.Paul,MN 55155 6.ATTACHMENTS In addition to the application,list any other attachments: ® Joint Water Resources Application for Approval of Wetland Type and Boundary (Attachment D of the Memorandum) ® Memorandum and Wetland Delineation Packet dated October 1,2015. BWSR Forms 11-25-09 Page 4 of 3