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Wetland Alteration Permit Recording Transmittal 4-18-08 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 LETTER OF TRANSMITTAL DATE I JOB NO. 4/18/08 08-07 ATTENTION Sue Nelson RE: Document Recording TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ~ Attached D Under separate cover via the following items: D Shop drawings D Copy of letter D Prints D Change Order D Plans D Samples D Specifications D Pay Request D _ COPIES DATE NO. DESCRIPTION 1 4/14/08 08-07 Wetland Alteration Permit 2008-07 (Audubon Corporate Center) THESE ARE TRANSMITTED as checked below: D For approval D For your use D As requested D Approved as submitted D Resubmit copies for approval D Approved as noted D Submit copies for distribution o For review and comment D FOR BIDS DUE D Returned for corrections ~ For Recording D Return corrected prints D PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Mark Undestad, Eden Trace Corporation SIGNED: If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WETLAND ALTERATION PERMIT #08-07 1. Penni1. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a wetland alteration pennit for the following use: Wetland Alteration Pennit for filling of 0.13 acres of wetland as part of the development of the Audubon Corporate Center 1 st Addition as shown on the plans prepared by McCombs Frank Roos Associates, Inc., dated February 15,2008, revised February 29,2008 and April 4, 2008. 2. Property. The pennit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Part of the North half of the Southwest Quarter of Section 14, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point on the west line of said North half of the Southwest Quarter, 821.90 feet, measured along said west line, southerly of the northwest comer of said North Half of the Southwest Quarter said west line assumed to bear South 2 degrees 11 minutes 01 seconds East; thence North 87 degrees 48 minutes 59 seconds East, a distance of 550.00 feet~ thence North 2 degrees 11 minutes 01 seconds West, parallel with said west line, a distance of 180.00 feet; thence North 32 degrees 05 minutes 05 seconds West, a distance of 662.31 feet to the southeasterly right of way line of the Chicago, Milwaukee, S1. Paul and Pacific Railroad, as recorded in Bock 23 of Deed, page 266; thence South 55 degrees 32 minutes 41 seconds West, along said southeasterly right of way line, a distance of 260.00 feet to said west line of the North half of the Southwest quarter; thence South 2 degrees 11 minutes 01 seconds East, along said west line, a distance of 615.32 feet to the point of beginning. Subject to County Road No. 17 over the westerly 33.00 feet of the above described parcel. 3. Conditions. The pennit is issued subject to the following conditions: 1 a. The applicant shall produce an Application for Withdrawal of Wetland Credits and a purchase agreement for the application to be considered complete. Upon receipt of this information, a notice of application will be sent to the required recipient list and comments must be accepted for at least 14 days. At the end of the comment period, a decision on the proposed impacts and mitigation can be finalized. It appears that sequencing flexibility would be applicable to this wetland. b. A wetland buffer 20 feet in width and a 30-foot setback from the wetland buffer must be maintained around all wetlands on the property. Secondary structures are allowed to encroach up to 50% of the setback. It appears that the retaining wall has exceeded the allowed encroachment and needs to be moved out of this IS-foot setback. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. c. The retaining wall needs to be moved so that it is at least 15 feet from the edge of the buffer or 35 feet from the wetland edge. d. That portion of the wetland buffer adjacent to the proposed earthwork shall be planted in a suitable native seed mix. e. As the area at the toe of the retaining wall is unlikely to be mowed, a suitable BWSR seed mix shall be used below the retaining wall within the area to be graded. f. Approval of the subdivision in no way should convey to the applicant, the land owner or any subsequent owners and occupants approval of the wetland impacts indicated within Wetland 2 as shown on the conceptual grading plan or any other wetland impacts resulting from the development of this parcel. Any grading, which as a result of the development of Lot 2 occurs on Lot 1 (Outlot A), must provide sediment and erosion control best management practices to protect the wetland and the buffer area. g. In order for any impacts to occur on the northern parcel, Lot 1 (Outlot A), a detailed site plan and wetland application would need to be submitted. With this submittal, a thorough discussion of sequencing considerations for wetland avoidance and/or impact minimization is required. h. The applicant needs to show that the wetland was avoided or provide documentation indicating why wetland avoidance is not possible. If wetland avoidance was shown to the satisfaction of the Local Government Unit to not be possible, the applicant would need to show that the impacts were minimized to the greatest extent practicable. 1. No impacts are indicated for Wetland 3 and a no net loss decision will be rendered for this area." 2 4. Right to Proceed. No wetland impacts to any wetland on the Lot 1, Audubon Corporate Center 15t Addition, can occur until the credits have been debited from the Minnesota Wetland Mitigation Bank and a copy of this approval has been mailed to the regulatory authorities, including the City of Chanhassen, the account holder and the user of the credits. 5. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 6. 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. 7. Criminal Penalty. Violation of the terms of this wetland alteration permit is a criminal misdemeanor. Dated: April 14, 2008 SEAL 4/:\~ ~dd Gerhardt, City Manager By: 3 STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 14th day of April, 2008, by Thomas A. Furlong, 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. DRAFTED BY: City of Chanhassen 7700 market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 ~uJr- I" "..: ., KAREN J. ENGELHARDT I Notary Public-Minnesota My Commission Expires Jan 31, 2010 4