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2 WET Hwy. 101 Trail'\ CITYOF CHANHASSEN 7760 i,.',a'ket Bou:evard PO Box 147 ,. ~:~:... I, , 55317 Administration Ph :'ne: 952.227.1100 F~.:: 952.227.ili0 Building Inspections , ,~n~: u~_.2z7.1180 F~,,',' O~ ~'~ lO'" ...... 2.2~.1, Engineering .'P':~ z, ne: 952.227.1160 Fa,,: 952 227.1170 Finance :'., Z '-'£.'. Park & Recreation F .... e: ~c52.227 ii20 F.~,: 952.227.1!iC, -:'" _'2::~: 752.227 1 Planning & Natural Resources F'-: '-e: 952.227. i 130 Fz, Public Works ~C~i Pc-';: Road Phs:e: g52.227 i303 ::,,. ~:._..,_,7.1,; ~0 Senior Center P":"e: 952 227.ii25 F?,: 952.227.i!10 Web Site .... ; r, hcnh;-qcan MEMORANDUM TO: FROM: DATE: RE: Planning Commission Lori Haak, Water Resource Coordinator ~,~}~-,~ November 4, 2002 Highway 10l Trail -- Wetland Alteration Permit 2002-5 BACKGROUND The project involves the construction of an 8' wide bituminous trail, with 1- foot shoulders on each side, along the west side of existing T.H. 101 from South Shore Drive to Pleasant View Road in Chanhassen. The ADA (Americans with Disabilities Act) compliant trail would serve pedestrians and other users who cun'ently use the existing road shoulder. Pedestrian and other non-vehicle use of the road shoulder is considered dangerous. This Wetland Alteration Permit is an after-the-fact permit. It is being brought before the Planning Commission to ensure that the project is in compliance with all applicable state and local regulations, including public hearing requirements. There are a total of 4 jurisdictional wetlands either wholly or partially within the project corridor. Wetland 1 is a Type 3 wetland dominated by cattail and reed canary grass. Wetland 2 is a Type 3 wetland dominated by cattail and blue vervain. Wetland 3 is a Type 3 wetland dominated by cattail and sedges. Wetland 4 is a Type 4 wetland dominated by open water. WETLAND IMPACTS The proposed project proposes fill in two of the four wetland basins along the proposed alignment. Wetland 1 will receive 470 square feet of fill and Wetland 3 will receive 7,850 square feet of fill, for a total of 8,320 square feet (0.20 acres). No wetlands will be drained as a part of this project. The applicant has found total avoidance of wetland impacts to be infeasible since the existing conditions are dangerous to pedestrians and bicyclists. In addition, routing the trail around existing wetlands would require easements through private properties. Landowners have indicated they will not provide easements for the trail. The City of Cftanhassen · ,: "-,', 'hz- r : .........: r[,:l~,:~,' ' --' ...... ',,, I.r,r ..,~tp~ ........... '>,~,:~. o,.,a!;;v schools, a charm no dov,,ntov:n, thriving businesses, winding trails, and beaut.fui ....... park, A oreat_ ..~,,¢.uun'"~^ to iive. wnrk .... and play. Highway 101 Trail November 4, 2002 Page 2 Wetland replacement is required at a 2 to 1 ratio. The applicant is proposing on-site mitigation at a ratio of 2.5 to 1 through a combination of new wetland credits and public value credits. ANALYSIS Staff has reviewed this plan and has found that it meets the requirements of the Minnesota Wetland Conservation Act (WCA). The replacement of wetland loss will be provided at a ratio of 2.5 to 1, which exceeds the requirement of 2 to 1 replacement. The wetland impacts of 0.20 acres will be replaced with the creation of 0.40 acres of new wetland areas adjacent to Wetland 3. An additional 0.09 acres of wetland credit will be achieved through the creation of upland buffer areas greater than 16.5 feet in width adjacent to the newly created wetland areas. The City obtained a permit from the Riley-Purgatory-Bluff Creek Watershed District for the trail (Attachment 2) and contacted Julie Ekman of the Minnesota Department of Natural Resources, who indicated that no DNR permit was needed (Attachment 3). RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends the City Council approve Wetland Alteration Permit 2002-5 subject to the following conditions: 1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). 2. Wetland buffer areas shall be preserved unless otherwise approved by the City. Buffers shall be surveyed and staked in accordance with the City's wetland ordinance. 3. Type HI silt fence shall be provided adjacent to all wetland fill areas, areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. 4. Any disturbed wetland areas shall be reseeded with MnDOT seed mix 25 A, or a similar seed mix that is approved for wetland soil conditions" ATTACHMENTS , 2. 3. 4. Map of project area Riley-Purgatory-Bluff Creek Watershed District Permit, 9/4/02 6/27/02 Letter to T. Burgess fi'om J. Ekman, DNR Minnesota Local/State/Federal Application ForTh and reduced plan set G:XENG~ORI\WETLANDSLPERMITS\TH 101 WAP PC.DOC Riley Purgatory Bluff Creek Watershed District Web Site: http//www, rileypurgatorybluffcreek.org Legal Advtsor: 701 4th Avenue South, Suite 500 Minneapolis, MN 55415 612333-7400 Fax: 612 333-6959 Engineering Advisor: Barr Engineering 4700 West 77th Street Minneapolis, MN 55435 952 832-2600 Fax: 952 832-2601 September 4, 2002 Mr. Joel Rutherford HTPO 7510 Market Place Drive Eden Prairie, MN 55344 SEP 1 3 2002. ENGINEERING OEPT. Re: Permit #2002-34: Trail Construction along T.H. 101 from South Shore Lane to Pleasant View Road: Chanhassen Dear Mr. Rutherford: The Board of Managers of the Riley-Purgatory-Bluff Creek Watershed District has reviewed the plans and grading and land alteration permit application as submitted tb the District for the construction of an 8-foot wide bituminous trail along the west side of T.H. 101 from Lakeshore Drive to Pleasant View Road in Chanhassen. The trail also proposes to impact approximately 8,320 square feet of wetland. Wetland replacement includes approximately 17,480 square feet of new wetland credits, along with an additional 3,900 square feet of public value credits. The City of Chanhassen is the LGU administering the requirements of the 1991 Wetland Conservation Act. The Managers approve of the ~ading and land alteration permit subject to the following conditions: , All conditions as outlined in the attached General Provisions are applicable. The District will require written verification from the City of Chanhassen, being the LGU administering the requirements of the 1991 Wetland Conservation Act, verifying that the requirements of the Conservation Act have been met. If you have any questions regarding the conditions of the District's permit, please call us at (952) 832-2600. Sincerely, BARR ENGIxNEER~G CO. Engineers for the District App?gved by the Board of Managers .~~~~///. _.,Z.--" President RCO/lah [ / c: PaulHaik Howard Peterson Matt Saam :: O D MA\PCD OC S'xDO CS\236146\ 1 Board of Managers Howard Peterson Perry Forster Conrad Fiskness Philip Wright Susan Scribner Permit # Project Name: Approval Date: 2002-34 Trail Construction alonq T.H. 101 from South Shore Lane to Pleasant View Road: Chanhassen September 4, 2002 General Provisions 1. All erosion control measures shown on the plans must be installed prior to commencement of grading operations and be maintained until all areas altered on the site have been restored. If silt fence is used, the bottom flap must be buried and the maximum allowable spacing between posts is 4-foot on center. All posts must be either 2" x 2" pine, hardwood, or steel fence posts. If hay bales are used, all bales must be staked in place and reinforced on the downstream side with snow fence. The silt fence must be orange in color, which will be more evident and easier to locate for removal at the completion of the project. . All areas altered because of construction yet this construction season must be restored with seed and disced mulch, sod, wood fiber blanket, or be hard surfaced within two weeks from the completion of construction or no later than November 15, 2002. All areas must ultimately be restored by July 1, 2003. 3. Upon completion of construction and restoration of areas disturbed, the permit applicant is responsible for the removal of all erosion control measures installed throughout the site. 4. Street sweeping must be undertaken and completed on an as needed basis. , At the entryway onto the site, a rock filter dike being a minimum of 2 feet in height and having maximum side slopes of 4:1 must be constructed. This rock filter dike will enable construction traffic to enter the site and also provide an erosion control facility. . The District must be notified in writing a minimum of 48 hours prior to commencement of construction. Upon receipt of this notification, a field inspection of the project site by the District's engineer will be undertaken to ensure that all erosion control measures have been properly installed. Construction cannot commence until this field inspection has been completed. , Upon completion of the project, the permit applicant is required to complete and submit the middle portion of the attached permit, indicating that the project has been completed. Upon receipt of this application, a field inspection of the site by the District's engineering advisor will be undertaken to ensure that all areas have been properly restored and that all erosion control measures throughout the project site have been removed. o The Riley-Purgatory-Bluff Creek Watershed District (RPBCWD), its officers, employees and agents review, comment upon, and approve plans and specifications prepared by permit applicants and their consultants for the limited administrative purpose of determining whether there is reasonable assurance that the proposed project will comply with the regulations and criteria of the RPBCWD and other state and federal agencies. The determination of the RPBCWD that issuance of this permit is appropriate was made in reliance on the information provided by the applicant. 10. il. 12. 13. 14. 15. 16. 17. The grant of this permit shall not in any way relieve the permittee, its engineer, or other professional consultants of responsibility, nor shall it make the RPBCWD responsible for the technical adequacy of the engineer's or consultant's work. The grant of this permit shall not relieve the permittee from complying with all conditions and requirements of the permit, which shall be retained, by the permittee with the permit. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This permit is permissive only. No liability shall be imposed upon the RPBCWD or any of its officers, agents or employees, officially or personally, on account of the granting of this permit or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. In all cases where the doing by the permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property, rights or interests of any other person or persons, or of any publicly owned lands or improvements or interests, the permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all necessary property, rights and interest. This permit is not transferable. The permittee shall make no changes, without written permission previously obtained from the RPBCWD, in the dimensions, capacity, or location of any items of work authorized by this permit. The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the RPBCWD for inspection of the work authorized by this permit. This permit may be terminated by the RPBCWD at any time deemed necessary in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the special provisions. Construction work authorized under this permit shall be completed on or before date specified above. The permittee may, in writing, request that the RPBCWD extend the time to complete the project and shall state the reason for any requested extension. If dewatering is required and sump pumps are used, all pumped water must be discharged through an erosion control facility prior to leaving the construction site. Proper energy dissipation must be provided at the outlet of the pump system. Minnesota Department of Natural Resources Metro Waters - 120-0 Warner Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 June 27, 2002 Teresa Burgess City of Chanhassen 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 CITY OF CHANHASSEN JUL 0 1 ENGINEERING DEPT, RE: T.H. 101 Trail Improvement Project Dear Ms. Burgess: DNR Waters is in receipt of your application for the T.H. 101 Trail Improvement Project. The work plans included with your application shoxv that the elevation of the proposed trail is above the Lotus Lake OHW elevation of 896.3 feet, therefore no permit is needed from the DNR. If you have any questions, please don't hesitate to call me at 651-772-7919. Sincerely, ~- Julie Ekman Area Hydrologist C~ Gary Elftman, U.S. Army Corps of Engi_n. eers Robert Obermeyer, Riley-Purgatory-Bluff Creek Watershed District City of Chanhassen Jackie Glaser, DNR Conservation Officer DNR Information: 651-296-6157 · 1-888-646-6367 ° TrY: 651-296-5484 · 1-800-657-3929 An Equal Opportunity Employer C~ Printed on Recycled Paper Containing a Who Values Diversity Minimum of 20% Post-consumer Waste NA-02620-02 (V.I.01 for MS WORD) 2.16.01 Minnesota Local/state/Federal APPlication Forms for waterNVetland prOjects i, : ApPlication No. Field OffiCe Code Date Initial Application Rec=d Date Initial APPlicati°n Deemed complete PART '1' BASIC APPLICATION "See HELP" directs you to important additional information and assistance in Instructions, page 1. 1. APPLICANT CONTACT INFORMATION (See HELP Name: Teresa Bur.qess lA. AUTHORIZED AGENT (See HELP IA.) (Only if ap1)licable; att agent is required) Complete mailing address: City of Chanhassen Name: 7700 Market Blvd., P.O. Box 147 Title: Chanhassen, Minnesota 55317 Residential Phone: ( ) Mailing address: Business Phone: (952') 227-1169 Fax fifavailable): (952) 937-9152 E-mail (if available): 2. PROJECT NAME OR TITLE ((/'applicable): T.H. 101 Trail Improvement Project 3. NAME OR I.D. # OF WATER BODY(S) IMPACTED** (if applicoble; Residential Phone: ( ) Business Phone: ( ) Fax (~/'avaitablej: ) E-mail (if available): I hereby authorize to act on my behalf as an agent in the processing of this application and to furnish, upon request, supplemental information in support of this application. Applicant Signature Date 4a. ANY WETLANDS IMPACTED? [5;(q Yes 1--] No 4c. If YES, indicate size of entire wetland (check one): 4b. If YES, what type (if known; check all that appl3¢: ~ Less than 10 acres (indicate size: approx. 5 ) ~ 10 to 40 acres ~i ~lL~2 ~3 ~4 ~5 ~6 ~7 ~8 ~R~un~o,,q~ ~ Greater than 40 acres 5. PROJECT LOCATION** (iJ~onnation can be found on properO' t~r statement, properO; title or title insurance): 1/ ,4 Section: East 1/2 Section: 6 and 7 Toxx.mship: 116 Nodh Range: 22 West County: Ca~er Lot fi: Block: Subdivision: 6. ADDITIONAL LOCATION DESCRIPTIONS** (~applicable; ¢b~own): Parcel ID ~/Geocode: UTM Coordinates: easterly No~erly Project street address' Alon~ West Side of T.H. 101 Fbe fi: **£or multiple water bodies or locations, attach additional sheets labeled ADDITIONAL ~E4TER BODIES IMPACTED, ADDITIONAL PR OJECT L OCA TIONS, or ADDITIO~ML L OCA TION DESCRIPTIONS. 7. HOW TO GET TO THE SITE: Attach a simple site locator map. If needed, include on the map written directions to the site fi.om a known location or landmark. Include highway and street names and numbers. Also provide distances fi.om known locations and any information that would assist in locating the site. Label the sheet SITE LOCATOR MAP. 8. PURPOSE OF THE PROJECT: What do you propose to do, and why is it needed? Please be brief. (See HELP 8 before completing this section.) Install ADA compliant Trail along the T.H. 101 corridor - Pedestrians and other users currently use existing road shoulder, which is considered dangerous. 9. PROPOSED TIMELINE: Approximate project start date: July 2002 Projected end date: June 2003 10. PROJECT DESCRIPTION: Describe in detail what you plan to do and how you plan to do it. This is the most important part of your application. See HELP 10 before completing this section; see also What To Include on Plans (Instructions, page 2). If space beloxv is not adequate, attach separate sheet labeled PROJECT DESC_R_[PTIOzV. The project consists of constructing an 8' wide bituminous trail, with 1-foot shoulders on each side, along the existing T.H. 101 from South Shore Drive to Pleasant View Road in Chanhassen, Minnesota. The trail is being funded partly from a DNR grant, and therefore must meet ADA (Americans with Disabilities Act) requirements. Where the trail will be constructed in the wetland areas, unsuitable (organic) soils below the proposed trail will be removed and replaced with granular borrow and fill to bring the trail up to grade. All excavated material will either be used elsewhere on the project or hauled away by the contractor. It is expected that all excavation work will be completed using a backhoe. Based on the Wetland Delineation Report completed by Kjolhaug Environmental Services Company, the expected soils encountered will be silty clay loams. Prior to construction, silt fence will be installed at the construction limits to prevent excavated material and other sediment from entering the wetland areas that are to be left undisturbed. 11. FOOTPRINT OF IMPACT (if applicable): Indicate total amount (in acres or square feet) of wetland(s) or water body area(s) to be filled, drained, inundated, or excavated; and/or indicate length of stream or fiver affected (in linear feet). acres or 8.320 square feet and/or linear feet 12. TYPE AND ESTIMATED AMOUNT OF MATERIAL(S) TO BE PLACED INTO OR EXCAVATED FROMTHE WETLAND OR WATER BODY if applicable): List each type of mate-rial (such as ~'ock, sand, clay, concrete) to be filled or excavated, and estimate the amount in cubic yards. [] FILLING [~ EXCA VA TING T)~e(s) of material Granular Borrow/Fill Esthnated amount in cubic yards Type(s) of material 1,100 Cubic Yards Estimated amount in cubic yards 13. ESTIMATED PROJECT COST: $1.2 Mill (for detetrnination of DNR fees only, which are based on total project cost) 14. SEQUENCING CONSIDERATIONS' What alternatives to this proposed project have you considered that could have avoided or minimized impacts to wetlands or water? List at least two alternatives (one of which may be Aha build@ or Ado nothing@), and explain why you chose to pursue the option described in this application over these alternatives. (1) No Build: Existing conditions are dangerous for pedestrians and bicyclists to travel from one neighborhood to another. (2) Route Trail Around Wetlands, through private property: Residents have indicated they will not provide easements if the trail is routed through their properties. 15, PORTION OF WORK ALREADY COMPLETED: Is any portion of the work already completed7 ['--] Yes [] No. Ifyes, describe the completed work on a separate sheet of paper labeled [FORK,4LREADY COM?£ET£D. (See ItELP 15 before completing this section.) 16. ADJOINING PROPERTY OWNERS: For projects that in, pact more than 10,000 square feet of water or wetlands, list below complete names and mailing addresses of adjacent property owners xvhose property also adjoins the wetland or water body where the work is being proposed. (See HELP 16. If necessary, attach a separate sheet labeled ADJOINING PROPERTY OWNERS.) Complete name(s) Complete thai/lng address (inchtding street address, ciO,, state, zip code,) 17. STATUS OF OTHER APPROVALS' List any other permits, reviews or approvals related to this proposed project that are either pending or have already been approved or denied. See HELP 17. If ah'cody applied for ,4gency T3po of Approval ID ;\rtonber Dote applied for Date approved Dote denied bINDOT Limited Use Permit Fall 2000 June 2002 18. I am applying for state and local authorization to conduct the work descried in this application. I am familiar xvith the information contained in this application. To the best of my knovdedge and belief, all inforn:tation in Part 1 is true, complete, and accurate. I possess the authority to undertake the work described, or I am acting as the duly authorized agent of the applicant. SiXnature of c~pplicant Date OR Signature of agent Date This block must be signed by the person who desires to undertake the proposed activity (the applicant in Section 1) or by the applicant=s duly' authorized agent (if the boxed Section lA has been filled out and signed by the applicant.) Federal authorization: Generally, in addition to state authorization, projects in wetland or water areas also require Federal authorization from the Corps of Engineers under Section 404 of the Clean Water Act. To apply to the Corps using this application package, the applicant/agent must complete the modified one-page Federal Application form on page 4 and mail it to the Corps (address on Instructions, page 4) with a copy of the state application. Applicants may, if they wish, apply only for Corps authorization by using the unmodified federal application form that is available from Corps offices or via the internet at www. mx~p.us ac e. ann,,,, mil. APPLICATION FOR DEPARTMENT OF TIlE ARMY PERMIT (33 CFR 325) OMB APPROVAL NO. (RENEWAL PENDING) The public burden tbr this collection of information is estimated to average 10 hours per response, ahhough the major'iD- of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintairdng the data needed, and completing and reviewing the collection of information. Send conwaents regarding this burden esti~mte or any other aspect of this collection of information, including suggestiom for reducing this burden, to Depamnent of Defense, Washington Headquarters Service Directorate of hfformation Operations and Repons, 1215 Jefferson Davis Highway, Suite 1204, Arlington. VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710- 0003), Washington, DC 20503. Respondents should be aware that noP, vithstanding any other provision of law, no person shall be subject to any penalty, for failing to comply vdth a collection of information if it does not display a currently valid OMB contxol number. Please DO NOT RErURN your form to either of these addresses. Completed applications must be submitted to the District engineer having jurisdiction over the location of the proposed activity,. PRIVACY ACT STATEMENT: Amhorities: Rivers and Harbors Act, Section i0, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal purpose: Information provided on this form will be used in evaluating the application for a permit. Routine uses: This information may be shared with the Department of Justice and other Federal, state, and local government agencies. Submission of requested infommtion is voluntaD'; hov,'ever, if information is not provided, the permit application cannot be evaluated nor can a permit be issued. ITEMS 1 THROUGH 4 TO BE FILLED hN BY THE CORPS 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED YOU DO NOT NEED TO COMPLETE THE SHADED AREAS. = All applicants need to complete non-shaded items 5 and 26. If an agent is to be used, also complete items 8 and 11. This optional Federal form is valid for use only when included as part of this entire state application packet. 5. APPLICANT=S NAME City of Chanhassen 8. AUTHORIZED AGENT=S NAME AND TITLE (an agent is not required) 6. APPLICANT=S ADDRESS 9. AGENT=S.ADDRESS : ' i i ;: -'-: '" 7'APPLICANT=SPHONENO' 10'AGENT=SpHONENO' : ::: ":ii:: i: ;i}i:i: : 11. STATEMENT OF AUTHORIZATION (if applicable; complete only if authorizing an agen0 I hereby authorize to act on my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANT=S SIGNATURE: I'~_-. PROJECT NAME OR TITLE (see instructions) 13. NAME OF WATERBODY, IF IGNOX,¥W (if applicable) 15. LOCATION OF PROJECT DATE: : . : : 14. PROJECT STREET ADDRESs (if applicable) 16. OTHER LOCATION DESCRIPTIONS, IF IGNOWN (see instructions) 17. DIRECTIONS TO THE SITE 18. NATURE OF ACTMTY . . USE BLOCKS 20-22 IF DREDGED AND/OR FILLBIATERIAL IS TO BE Disc~RGE' 19. PROJECT PURPOSE 20. REAsON(s) FOR :: . DISCHARGE 21. TYPES OF MATERLAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC yARDS 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES NO 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, __ IF YES, DESCRIBE COMPLETED WORK. - - i : ': 17!: : : :. . . : 25. LIST OF OTHER CERTIFICATIONS OR APPROVALS,-T)ENIALS RECEIVED FROM OTHER FEDERAL, STATE OR LoCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION. .:: 26.Application is hereby made for a permit or permits to authorize the xvork described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. Si~ature of applicant Date Signature of agent (if any) Date The application must be si~ed by the person who desires to undertake the proposed activin, (applicant), or it may be signed by a duly authorized agent if the statement in Block 11 has been filled out and signed. 18 U.S.C. Section I001 provides that: Whoever, in any manner within thejur/sdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up with any trick, scheme, or disguises a material fact or makes any Ihlse, fictitious or fraudulent statements or representations or makes or uses any false xwiting or document 'knowing same to contain any false, fictitious or fraudulent statements or eniD', shall be fined not more than SI0,000 or imprisoned not more than five years or both. ENG FOI~M 4345. Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) Minnesota Local/State/Federal Application Forms for Water/Wetland Projects DO YOU NEED TO COMPLETE PART 2? ' Part 2: Replacement Plan Supplement must be completed by anyone who needs tO develop a replacement Plan for wetland mitigation. If you=re not sure whether your project requires a replacement plan: . Call your LGU or SWCD office for guidance as to whether your project Will require completing Par~"2.' Ifit is determined that your project will require wetland replacement, complete and submkpart 2 alongWitli part i.":" :-".':. '.'". · If you prefer, you may i:h°se to send in Part 1 only. After reviewing your 'aPplichtibn, the respo'nding- ag~ncie'S ,,viii let you know if you need to complete and return Part 2. Caution: Ifyourproject will'requize wetland replac'ement, completing and returning both parts immediately is advisable. Submitting Part 1 'and Part 2 separateiyi~ather than at the same time may extend the application re'dew process. ' ' -"" PART 2: REPLACEMENT PLAN SUPPLEMENT £or assistance in completing Part 2, contact your LGU or a professional consultant. '19. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: 1)Use one row of boxes for each wetland impact. 2)If your project has more than one wetland impact, reference your overhead view (part of Section 10) to this chart by identifying and labeling Af'krSt impact@ and Asecond impact@ on your overhead view. 3)If you are identi~ing only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank. 4)If you have chosen to identify more than one wetland D'Pe witkin a given wetland impact area, use the extra dotted lines to indicate each separate wetland D'pe, and identify predominant vegetation and size of impacted area for each separate wetland tTpe within that impact area. 5)If you do not have access to some of the information, call your LGU or SWCD office for asasrance. (Photocopy chart for more impacts, if needed.) DESCRIPTION OF WETLAND IMPACTS Wetland Watershed Is site within Wetland type~ Predominant size of area impact (as name or 1000 ft ora vegetation in impacted noted on number ('/f lake or 300 ft impacted (in acres or overhead known) of a river? wetland area square view) (YES or NO) feet) Existing land use in project area (check all that apply) First impact Second impact No Yes Type 3 Cattail, reed 470 sq. ft L~ housing canary grass 1-] commercial ....................................................... 1--] industrial [~ parks/recreation areas [~ highways and ....................................................... associated rights-of-way [-] forested [-] farmsteads/agricultural ' [--] vacant lands Type 3 Cattail, Sedge, 7,850 sq. ft. [--] public and semi-public dogwood, (schools/gov't facilities) ...................... v.¢j LI oy_~ ........................... [--] airports E~ extractive (gravel pits/quarries) [-~ other: ~If you are identifying only one wetland t)~pe within a Wen wetland ~mpact area. use the first dotted line and leave the others blank. [f you have chosen to identify, more fl~an one wetland type I within a given wetland impact area, use the extra dotted lines to indicate each separate wetland u'pe, and i~entif:' predonfinant vegetation and size of impacted area for each separate wetland type ~ithin that impact are4a. TOTALS OF AREA(S) I..MPACTED FOR EACIt WETLAxND TYPE ON CItART fi;~dicate acre3' [-~ or square feet Type: 1' IL' 2: 3:8,320 4:__ 5: 6:__ 7: 8' R: 20. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply to either impact the site(s) or the replacement of site(s)? [-] Yes [5~ No (Examples: the presence of endangered species, special fish and wildlife resources, sensitive surface waters, or waste disposal sites) If YES, list and describe briefly. 21, ARCHEOLOGICAL OR CULTURAL RESOURCE DETERMINATIONS: Are you aware of any archeological or cultural resource determinations or surveys completed concerning the project or replacement site by the State Historical Society Preservation Office (SHPO) or others? [--I Yes {Y~ No If yes, please explain below or attach a copy of any determinations or surveys. 22. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be accomplished (check only one box below and continue as indicated): [--'] A. Wetland banking only · Complete Applicatio/zfo/' With&'awaI of Wetland ©'edits Form and include with your application. Copies of this form are available from your LGU, or download a copy from x~vw.bwsr, state.mn.us · Skip to Section 27, page 8. (You do not need to complete Sections 23-26.) [~ B. Project-specific replacement only · Continue with Section 23 below. [] C. A combination of wetland banking and project-specific replacement · Complete Application for F?ithdrawal of Wetland Credits Form and include v~dth your application. Copies of this form are available fi.om your LGU, or download a copy fi.om wwxv.bwsr.state.mn.us · Continue with Section 23 below. 23. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCTION (Complete this section only if you marked Box B or Box C in Section 22 above): Describe in detail how replacement wetland(s) will be constructed. If several methods will be used, describe each method. Details should include the following: I) type of construction (such as excavated in upland, restored by tile break, restored by ditch block or revegetated); 2) type, size and specifications of outlet structures; 3) elevations relative to Mean Sea Level or established benc~arks or key features (such as sill, emergency overflow or structure height); 4) what best management practices will be implemented to prevent erosion or site degradation; 5) proposed timetable for starting and ending the project; and 6) a vegetation management plan. Write this description on a separate sheet of paper labeled DESCRIPTION OF REPLA CEMENT WETLAND CONSTRUCTION. 24. SURPLUS WETLAND CREDITS: If using project-specific replacement (Box B or Box C in Section 22 above), will the replacement result in any surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? [-'-1 YES ~ NO. If yes, submit a Wetland Bankhtg Apl~lieation directly to your LGU. Copies are available from your LGU, or dox~:nload a copy from www. bwsr. state.mn.us .25. DESCRIPTION OF REPLACEMENT WETLANDS Complete the chart below: 1) Use one row of boxes for each wetland replacement site. 2) If your project has more than one wetland replacement site, reference your overhead view (part of Section 26) to this chart by identifying and labeling Afirst replacement site@ and Asecond replacement site@ on your overhead view. 3) If you are identifying only one wetland type within a given replacement site, use the first dotted line(s) and leave the others blank. 4) If you have chosen to identify more than one wetland type in a given replacement site, use the extra dotted lines to indicate each separate wetland type, and identify type(s) of replacement credits and Arestored or created@ for each separate wetland type within that replacement site. 5) If you do not have access to some of the information, or if you do not know your replacement ratio, call your LGU or SWCD office for assistance. (Photocopy chart for more wetland ret21acements, if needed.) DESCRIPTION OF REPLACEMENT WETLANDS Wetland Watershed County Topo- Wetland Type(s) of replacement credits Restored replacement name or graphic Type2 (in acres or square feet) or site n umber setting~ created? (as noted on (if known) New Wetland Public Value Indicate overhead view) Credits (NWC) Credits (PVC) R or C First replacement site Carver T 3 17,480 sq. ft. 3,900 sq. ft C Second replacement site ~Ttopographic setting types: Indicate S for Shoreland; R for Rivedne; F for Floodplain; FT/'or Flow-through; T Ibr Tributary.'; and I for Isolated. '-Cicutar 39 wetland types: h~dicatel, IL, 2, 3, 4, 5, 6, 7, 8, R, or U. If you are identit}'ing only one wetland t':'pe within a Wen wetland impact area, use the first dotted line and leave the others blank. If you have chosen to identify more than one wetland b12e within a Wen wetl~d impact area, use the extra dotted lines to indicate each separate wetl~d b'pe, and identify predominant vegetation and size of impacted area for each separate wetland type within that impact area. 17,480 sq. ft. 3,900 sq. ft. TOTAL NWC TOTAL PVC REQUIRED REPLACEMENT RATIO: ('~£/o~o wed 2:1 26. ADDITIONAL INFORMATION REQUIRED FOR PROJECT-SPECIFIC REPLACEMENT (Required only if you marked Box B or Box C in Section 22): For projects involving at least some project-specific replacement, include the following additional information: [~ Two drawings to scale of the replacement wetland. Include both overhead view and profile (side view or cross- sectional view). See [}7zat To [nchtde o~ Pla~zs (Instructions, page 2) for a detailed description of what should be included in these drawings. Without drawings, your application will be considered incomplete. {~ For created replacement wetlands, include additional soils information (if available) that indicates the capability of the site to produce and maintain wetland characteristics. Note 1: For replacement wetlands located on pipeline easements, you need to receive endorsement of your project from both the easement holder and the Minnesota Department of Public Safety=s Office of Pipeline Safety. Before start of construction, the owner of any utilities involved must be notified. The landowner or contractor is responsible for giving this notice by calling AGopher State One-Call@ at 651-454-0002 (TMn Cities Metro Area) or 1-800-252-1166 (all other locations). Note 2: For extensive or complex projects supplementary information may be requested at a later date from one or more of the responding agencies. Such information may include (but not be limited to) the following: topographic map, water table map, soil borings, depth soundings, aerial photographs, environmental assessment and/or engineering reports. 27. SIGNED AFFIRMATIONS: Sign and date either Box 27a or Box 27b beloxv. If your project involves replacement by wetland banking only, sign Box 27a. For all other projects, read Box 27b, check appropriate boxes in Part B, and sign. 27a. For projects involving replacement by wetland banking only: To the best of my knowledge and belief, all information in Part 2 is true, complete and accurate; and I affirm that the wetland losses will be replaced via xvithdrawal from an account in the State Wetland Bank. Signature of applicant or agent Date 27b. For projects involving either project-specific replacement only or a combination of wetland banking and project-specific replacement: Part A: The replacement wetland (affirm all statements): Was not previously restored or created under a prior approved replacement plan or permit; AND Was not drained or filled under an exemption during the previous 10 years; AND Was not restored with financial assistance from public conservation programs; A_ND Was not restored using private funds, other than those of the landowner, unless the funds are paid back with interest to the individual or organization that funded the restoration; and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement. Part B: Additional assurances (check all that apply): The wetland ,,','ill be replaced before or concurrent with the actual draining or filling of a wetland. [-] An irrevocable bank letter of credit, performance bond, or other acceptable security has been provided to guarantee the successful completion of the wetland replacement. [--1 The wetland losses ',vill be replaced ',,ia withdrawal from an account in the State Wetland Bank. Part C: For projects involving any project-specific replacement: Within 30 days of either receiving approval of this application or beginning work on the project, I will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s) Mil be located; and I '`,,511 at the same time submit proof of such recording to the LGU. To the best of my knowledge and belief, all information in Part 2 is true, complete and accurate; and I affirm ali statements in Parts A and C, as well as checked assurance(s) in Part B. · Signature of applicant or agent Date Description of Wetland Replacement Construction 1) The wetland replacement construction will be an excavation of upland areas adjacent to an existing wetland (Wetland #3). 2) The construction will occur next to an existing wetland. No outlet from the created wetland will be constructed. The existing and proposed wetland will be connected, which will provide the necessary hydrology for the created wetland. 3) The existing wetland boundary is near an elevation of 901. The created wetland will be excavated to have a bottom of about 899, and a top of 901. 4) Silt fence will be installed at the existing wetland boundary to prevent excavated material and sediment from going into the existing wetland. The area will be over-excavated, with excavated soils from other wetland areas (those being filled) placed at the bottom to help establish similar wetland vegetation. As soon as this work is completed, the slopes will be seeded with MnDOT Seed Mix 25B, at a rate of 30 lbs. per acre. 5) The proposed schedule is to start construction this summer with final completion scheduled for June 2003. 6) The created wetlands will be monitored to insure vegetation growth. If the seeding cbmpleted with the project, along with the expected natural migration of plant-life from the existing wetland, does not occur by the summer of 2003, additional seeding will be done in the year 2003. ~. O0+gl. ol O0+g NOIIVIS J ,,0',00 L =,,i. ~,. · / / ~ /// · $['TLO'I/ ~ HJ.l'tOS / i , l /,,/ 'h ~ .................. _/ 1332LL$ TllH . oo+~ o, oo.o ~o,~ i ~~-~-'~-~- · > '°°~ "'I !,01. 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