CC Staff Report 5-27-08
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
1-(- 1
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Terrance Jeffery, Water Resources Coordinator
DA TE:
(J1~ .
May 21, 2008ay 27, 2008
SUBJ:
C.S.A.H. 18 (Lyman Blvd.) Reconstruction
Wetland Alteration Permit 2008-12
PROPOSED MOTION
"The City Council approves Wetland Alteration Permit 2008-12 for the
reconstruction of C.S.A.H. 18 (Lyman Boulevard) and appurtenant facilities with
the conditions as outlined in the staff report."
City Council approval requires a majority vote of the City Council present.
EXECUTIVE SUMMARY
The application is for a Wetland Alteration Permit (W AP) for the reconstruction
of approximately 7,000 feet of C.S.A.H 18 (aka Lyman Boulevard). The project
limits extend from approximately 1,500 feet west of Galpin Boulevard to the
intersection of Audubon Road North. Staff recommendation is for approval of
the permit subject to conditions 1 through 6 as stated in the Planning Commission
staff report.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on May 20, 2008 to review the
proposed wetland alteration and compensatory mitigation (Attachment 1). The
Planning Commission voted unanimously to approve the wetland alteration
permit. The verbatim minutes are attached (Attachment 2).
STATUS UPDATE
The applicant, Carver County Highway Division, first submitted the Joint
Notification Application to the Cities of Chanhassen and Chaska, Carver County
Watershed Management Organization, Riley Purgatory Bluff Creek Watershed
District, the Minnesota Department of Natural Resources and the United States
Division of the Army, Army Corps of Engineers on February 4,2008. Notice of
Application was sent to the appropriate agencies on the same day and comments
were accepted until March 4, 2008.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Todd Gerhardt
Lyman Blvd. Wetland Alteration Permit
May 27, 2008
Page 2
A meeting of the Technical Evaluation Panel was held on March 3, 2008 at Chanhassen City
Offices. This meeting discussed several aspects of the proposed project which included the
following;
1. The applicability of the Board of Water and Soil Resources (BWSR) Road Replacement
Program to the project.
2. Wetland Conservation Act sequencing including avoidance, minimization and
restoration.
3. . Wetland impacts not a result ofroad reconstruction including trail construction and
stormsewer infrastructure improvements.
4. On-site mitigation opportunities.
5. Protection of Bluff Creek - an impaired water.
6. Local Government Unit responsible for administration of the Wetland Conservation Act.
Based upon these discussions the following consensus was reached.
1. The proposed reconstruction was necessary to meet state highway safety guidelines and
was, therefore, eligible for replacement through the BWSR Road Replacement Program.
2. Sequencing:
a. The road reconstruction had avoided and minimized impacts to the greatest extent
practicable within accepted engineering practices and safety guidelines.
b. All temporary impacts could and would be restored within six months.
c. Impacts resulting from the trail construction and the outfall from the pond
adjacent to Bluff Creek could be further minimized and the applicant should make
efforts to do so.
3. The impacts resulting from the trail construction and the storms ewer infrastructure were
not necessary to meet state or federal safety guidelines for roadway construction and
therefore were not eligible for replacement through the BWSR Road Replacement
Program. The applicant suggested a combination of on-site wetland restoration and the
purchase of wetland credit from the Minnesota Wetland Bank. The TEP agreed that this
would be suitable at a 2.25: 1 ratio. The justification for allowing the purchase of bank
credit off-site is based in the inherent limitations in finding suitable mitigation areas
within a limited linear corridor.
4. The removal of the existing trail west of Galpin Boulevard allowed for an opportunity to
restore some wetland. This area would be suitable for mitigation.
5. The alignment of the outfall for the pond adjacent to Bluff Creek was perpendicular to
the channel alignment and posed a significant risk to cause erosion to the channel.
Additionally, by aligning the outfall more parallel to Bluff Creek, wetland impacts could
be minimized.
6. Per Minnesota Rules, the Local Government Unit (LGU) in which the majority of the
impacts are proposed should act as the responsible LGU. In this case, the majority of the
impacts were to occur within the municipal boundaries of the City of Chanhassen. In a
letter dated March 18,2008 from Chaska City Engineer Bill Monk, the City of Chaska
remanded its authority to the City of Chanhassen (Attachment 3).
Todd Gerhardt
Lyman Blvd. Wetland Alteration Permit
May 27, 2008
Page 3
The applicant resubmitted on April 25, 2008. The application was found to be complete and to
have satisfactorily addressed all of the comments made by the Technical Evaluation Panel on
March 3, 2008.
The final plan calls for the permanent impact of 1.58 acres of wetland and an additional 0.72
acres of temporary impacts resulting from surcharging of subsoils and other necessary
construction techniques. Of the 1.58 acres of permanent wetland impact, 1.19 acres was found to
be the direct result of the reconstruction of Lyman Boulevard and would be mitigated for through
the BWSR Road Replacement Program. The remaining 0.39 acres of mitigation will occur
through the restoration of 0.23 acres of fresh wet meadow in the trail removal area and the
purchase of 0.65 acres of wetland credit from the Minnesota Wetland Bank. The account is
#1040 which is in Scott County but within the same watershed and Bank Service Area.
RECOMMENDA TION
Staff recommends adoption of the following motion:
"The City Council approves Wetland Alteration Permit 2008-12 for the reconstruction of
C.S.A.H. 18 (Lyman Boulevard) and appurtenant facilities with the conditions as outlined in the
staff report."
ATTACHMENTS
1. Planning Commission Staff Report dated May 20, 2008.
2. Verbatim Planning Commission Minutes dated May 20, 2008.
3. Letter from Bill Monk, Chaska City Engineer dated March 17, 2008.
4. Wetland Alteration Permit.
g:\plan\2008 planning cases\08-12 Iyman blvd wap\cc executive summary 5-27-08.doc
PC DATE: May 20, 2008
CC DATE: May 27,2008
CITY OF CHANHASSEN
REVIEW DEADLINE: May 13, 2008
CASE #: W AP 2008-12
BY: TRJ
STAFF REPORT
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Z PROPOSAL: Wetland Alteration Permit for C.S.A.H. 18 Reconstruction
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U LOCATION: C.S.A.H. 18 (Lyman Blvd.) from Galpin Blvd. to Audubon Blvd. North
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~ APPLICANT: Carver County Highway Division
~ Attn: William Weckman, Assistant County Engineer
'::: 11360 Highway 212 West, Suite #1
~ Cologne, MN 55322
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The Planning Commission recommends that the City Council approves the Wetland Alteration Permit
subject to the conditions of approval as specified on pages 4-5 in the staff report.
PRESENT ZONING: County Right-of-Way
2020 LAND USE PLAN: County Right-of-Way
SUMMARY OF REQUEST: Reconstruction of Lyman Boulevard from a two-lane rural section
road to a four-lane urban section with dedicated turn lanes and construction of a pedestrian trail and
storm sewer infrastructure.
Notice of this public hearing has been mailed to all property owners within 500 feet.
Lyman Wetland Alteration Permit 2008-12
May 20, 2008
Page 2 of 5
PROPOSAL SUMMARY AND BACKGROUND
Carver County Highway Division is proposing to reconstruct C.S.A.H. 18 to a four-lane divided
highway with dedicated turn lanes. In conjunction with this project, pedestrian trails and storm sewer
infrastructure will be constructed. This project is needed to meet the existing and anticipated average
daily trips generated on this road.
In order to accomplish this project, 1.58 acres of wetland will be permanently impacted and an
additional 0.72 acres will be temporarily impacted. Compensatory mitigation for the impacted
wetlands will occur through a combination of wetland credit from the BWSR Road Replacement
Bank, the purchase of wetland credits from the Minnesota Wetland Bank and on-site restoration of
wetland.
A Technical Evaluation Panel (TEP) was convened on March 3, 2008. The TEP concurred that the
impacts associated with the road reconstruction were necessary safety improvements and were eligible
for the BWSR Road Replacement Program. The TEP further concluded that the impacts associated
with the trail and storm sewer improvements were not eligible for BWSR Road Replacement. The
TEP felt that further minimization of wetland impacts were possible and requested the applicant work
to minimize these impacts.
The applicant modified the trail to include a boardwalk thereby minimizing the proposed wetland
impacts. This plan modification was supplied to the Technical Evaluation Panel on April 24, 2008.
Upon review of these plan revisions, it was determined that impacts have been minimized to the greatest
extent practicable.
Due to the nature of the replacement wetland and the timing of the replacement, compensatory
mitigation needs to occur at a ratio of 2.25: 1. The proposed replacement plan meets this requirement.
The applicant has prepared and submitted a five-year Vegetation Establishment and Management Plan.
This management plan has been deemed adequate with one exception. Staff is requesting the applicant
submit performance standards for the establishment of vegetation in the restored and created wetland
areas.
APPLICABLE REGUATIONS
Sec. 20-404. No net loss.
To achieve no net loss of wetland, except as provided under section 20-416 of this article, or authorized by
a wetland alteration permit issued by the city, a person may not drain, grade, fill, bum, remove healthy
native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland,
permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands.
Sec. 20-405. Standards.
The following standards apply to all lands within and abutting a wetland:
(3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high water mark
or six (6) to eight (8) inches above the ground level, whichever is greater.
Lyman Wetland Alteration Permit 2008-12
May 20, 2008
Page 3 of 5
(4) Access across a wetland shall be by means of a boardwalk and only upon approval of a wetland
alteration permit.
Sec. 20-407. Wetland alteration.
(a) An applicant for a wetland alteration permit shall adhere to the following principles in descending
order of priority:
(1) A voiding the direct or indirect impact of the activity that may destroy or diminish the wetland;
(2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its
implementation.
Sec. 20-408. Permit required.
Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a
wetland of any size or type requires a wetland alteration permit.
ANALYSIS
Wetland impacts are a result of three separate but related portions of the project. The first is the
reconstruction of C.S.A.H. 18 (Lyman Boulevard) from approximately 1500 feet west of Galpin Boulevard
to the intersection of Audubon Road North. The second is the construction of the pedestrian trail. The third
portion is related to storm sewer improvements.
Issue #1: Road Reconstmction:
The County has determined that the existing level of service for C.S.A.H. 18 and the anticipated level of
service are deficient. This deficiency has resulted in the need to improve the road section to a four lane
divided road with dedicated turn lanes to meet State safety guidelines. Because of the nature of road
projects, the available area for mitigation of wetland impacts is limited by the available right-of-way. It is
the City practice to require mitigation within the City of Chanhassen. However, due to the lack of available
land and the additional increase in road cost that would result from requiring the purchase of private land
for the purpose staff is recommending that the County not be required to mitigate on site.
Resolution:
Minnesota Rules 8420.0544 makes special provisions for sequencing requirements as well as the
replacement of wetland for public transportation projects. Specifically, under paragraph D. "A replacement
plan for wetlands is not required for public road projects that result in (wetland impacts) for the repair,
rehabilitation, reconstruction or replacement of a currently serviceable existing.. .county... public road
necessary....to meet state or federal design or safety standards."
And under paragraph H "the Board (of Soil and Water Resources) must replace public road project impacts
to wetlands......"
Lyman Wetland Alteration Permit 2008-12
May 20, 2008
Page 4 of 5
The Technical Evaluation Panel has determined that the reconstruction of C.S.A.H 18 is necessary to meet
State safety standards and is eligible for wetland replacement through the BWSR Road Replacement
Program.
Issue #2: Wetland alteration pennit:
The establishment of pedestrian trails, sidewalks and other appurtenant structures is not necessary for
meeting state or federal safety guidelines. As a result, the impacts associated with the construction of the
pedestrian trail and storm sewer infrastructure is not purview to the State Rules as described in 8420.0544.
Efforts must be made to avoid, minimize and repair proposed impacts to wetlands and any unavoidable
impacts must mitigated for as specified in State Rules.
Resolution:
The City feels that the establishment of a trail network is a beneficial service to offer the residents of
Chanhassen. During the design process, efforts were taken to minimize the impacts associated with the
alignment and construction of the pedestrian trail and storm sewer. The TEP has determined that these
impacts have been minimized to the greatest extent practicable and that the proposed mitigation is
acceptable. The mitigation will occur at a 2.25: 1 ratio to compensate for the "out-of-kind" replacement.
The compensatory mitigation involves the restoration of 0.23 acre of fresh wet meadow and the purchase of
0.65 acres of wetland credit form Account #1040 in Scott County. This account is deemed appropriate due
to the lack of wetland bank within the City of Chanhassen and the fact that the proposed bank is located
within the same major watershed - #33 Minnesota River (Shakopee).
FINDINGS
The Technical Evaluation Panel has met and reviewed the proposed project and found the following to be
true:
1. The impacts associated with this project have been avoided and minimized to the greatest extent
practicable.
2. The road reconstruction portion of the project is necessary to meet State design and safety guidelines.
3. The proposed mitigation is appropriate in sitting, quantity and type.
4. The proposed vegetation establishment and management plan has been prepared and submitted.
RECOMMENDATION
Staff and the Planning Commission recommend that the Planning Commission City Council adopt the
following motion:
"The Planning Commission recommends approval of Chanhassen City Council approves Wetland
Alteration Permit #2008-12 for the reconstruction of C.S.A.H. 18 (Lyman Boulevard) and appurtenant
facilities with the following conditions:
1. The applicant shall submit the Application for Withdrawal of Wetland Credits From the Minnesota
Wetland Bank to the BWSR Wetland Bank Administrator and no impacts to wetland shall occur
Lyman Wetland Alteration Permit 2008-12
May 20, 2008
Page 5 of 5
prior to the local authorities, the account holder and the user of the credits having received a letter of
approval from the Wetland Bank Administrator stating that these credits have been debited.
2. The boardwalk shall be installed across the wetland as a permanent structure.
3. The applicant shall amend Appendix C "Vegetation Management Plan and Proposed Seed Mixes" to
clearly state performance standards for the establishment of vegetation in the restoration areas.
4. All temporary impacts shall be restored to their pre-construction condition within six months of the
activity which results in the wetland impact."
A TT ACHMENTS
1. Site Location Map.
2. Findings of Fact and Recommendation.
3. Findings and Conclusions.
4. Joint Notification Application.
5. Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank.
6. Notice of Decision.
7. Public Hearing Notice Affidavit of Mailing.
g:\plan\2008 planning cases\08-12 Iyman blvd wap\pc staff report 5-20-08.doc
CITY OF CHANHASSEN
Lyman Reconstruction
WAP 2008-12
Site Location Map
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Carver County/City of Chanhassen for a Wetland Alteration Permit to alter or fill
wetlands in conjunction with the Lyman Boulevard Phase 1 Road Reconstruction Project.
On May 20, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Carver County/City of Chanhassen for wetland alteration approval.
The Planning Commission conducted a public hearing on the proposed development preceded by
published and mailed notice. The Planning Commission heard testimony from all interested
persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The City of Chanhassen , as the Local Government Unit responsible for administration of the
Wetland Conservation Act, has reviewed the Joint Notification Application submitted by the
Carver County Highway Department (Applicant) and found that the applicant has avoid,
reduced or restored wetland impacts to the greatest extent practicable. The impacts occur
within both the City of Chanhassen and the City of Chaska. Chaska was represented at the
TEP meeting and, in a letter dated March 17,2008, remanded their decision authority to the
City of Chanhassen based upon the majority of impacts occurring within the Chanhassen
municipal boundaries.
2. The Applicant is proposing 1.58 acres of permanent wetland impacts and 0.72 acres of
temporary impacts for the purpose of reconstructing C.S.A.H. 18 to a four lane divided
highway with dedicated turn lanes. Of the proposed 1.58 acres of total impacts, 1.19 acres of
impact is the result of the reconstruction ofC.S.A.H. 18. The Technical Evaluation Panel
reviewed the current and projected traffic counts as well as the proposed road design and
determined that the impacts associated with the road reconstruction was eligible for BWSR
Road Replacement.
3. Wetland Alteration (follows Conditional Use Permit criteria):
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.
b. The proposed project will be consistent with the objectives of the city's comprehensive
plan and the zoning chapter of the City Code.
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.
d. The proposed project will not be hazardous or disturbing to existing or planned
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.
f. The proposed project ill not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
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.
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.
1. The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
J. The proposed project will be aesthetically compatible with the area.
k. The proposed project will not depreciate surrounding property values.
1. The proposed project will meet standards prescribed for certain uses as provided in this
article.
4. The planning report #08-12, dated May 20, 2008 prepared by Terry Jeffery, is incorporated
herein.
2
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Wetland
Alteration Permit subject to the recommended conditions of approval contained within the staff
report.
ADOPTED by the Chanhassen Planning Commission this 20th day of May, 2008.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
3
FINDINGS AND CONCLUSIONS
City of Chanhassen
7700 Market Boulevard. P.O. Box 147 · Chanhassen, MN 55317
Name of Applicant: Carver County Highway Division. Bill Weckman
Project Location: CSAH 18 (Lyman Boulevard) from approximately 1500 feet west of
Galpin Boulevard to the intersection of Audubon Road North.
Type of Application (check one):
o
o
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Exemption Decision
No Loss Decision
Replacement Plan Decision
Banking Plan Decision
Delineation Decision
Date of Decision: 5/27/2008
Findings and Conclusions
The City of Chanhassen , as the Local Government Unit responsible for administration of the
Wetland Conservation Act, has reviewed the Joint Notification Application submitted by the
Carver County Highway Department (Applicant) and found that the applicant has avoid,
reduced or restored wetland impacts to the greatest extent practicable. The impacts occur
within both the City of Chanhassen and the City of Chaska. Chaska was represented at the
TEP meeting and, in a letter dated March 17,2008, remanded their decision authority to the
City of Chanhassen based upon the majority of impacts occurring within the Chanhassen
municipal boundaries.
The Applicant is proposing 1.58 acres of permanent wetland impacts and 0.72 acres of
temporary impacts for the purpose of reconstructing C.S.A.H. 18 to a four lane divided
highway with dedicated turn lanes. Of the proposed 1.58 acres of total impacts, 1.19 acres of
impact is the result of the reconstruction of C.S.A.H. 18. The Technical Evaluation Panel
reviewed the current and projected traffic counts as well as the proposed road design and
determined that the impacts associated with the road reconstruction was eligible for BWSR
Road Replacement.
In conjunction with this project, a pedestrian trail will be constructed. The applicant has
modified the plans to minimize those impacts associated with the trail by constructing a
boardwalk over a portion of the wetland. Due to the location of the underpass for the
pedestrian trail under C.S.A.H. 18 and the need for a practical and safe turning radius, some
wetland impacts were deemed necessary and unavoidable. The impacts associated with the
trail alignment and the storm sewer infrastructure total 0.39 acres.
These impacts associated with the trail will be mitigated for at a 2.25:1 ratio per Minnesota
Rules 8420 as amended in July of 2007. The trail and stormwater mitigation will occur
through a combination of the purchase of Wetland Credits from the Minnesota Wetland Bank
and on-site mitigation. Because the credits purchased will not be "in-kind" replacement and
the on-site mitigation will take place concurrent to the wetland impacts, the applicant is
required to mitigate at the 2.25: 1 ratio.
During construction of the road and appurtenant features, 0.72 acres of wetland will be
temporarily impacted. These impacted areas will be restored to preconstruction conditions
upon completion of the work. The applicant will restore these areas within six months of
commencement of the work which caused the temporary impacts.
Based upon these findings, the City of Chanhassen concludes that all reasonable efforts to
avoid, minimize and rectify wetland impacts have been made. Chanhassen further concludes
that compensatory mitigation is adequate under the guidelines set forth in Minnesota Rules
8420.0530 through 8420.0630.
CITY OF CHANHASSEN
By:
Title: Water Resources Coordinator
Date: 05/27/2008
NA~02ti620-Q3C
Minnesota Local/State/Federal Application Forms for WaterlWetland Projects
PUBLIC TRANSPORTATION AND LINEAR UTILITY PROJECTS
PART I - STANDARD APPLICATION
Application No.
INV:
Field Office Code
For Internal Use Only
Date Initial Application Received
Date Initial Application Deemed Complete
"See HELP" for important additional information and assistance in Instructions, Pages 3 - 5
IS TillS AN ORIGINAL OR AMENDED NOTICE? (check one)
This is an original notice 0, dated
This is an amended notice [8], dated April 24, 2008
1. APPLICANT CONTACT INFORMATION:
Name of applicant: Carver County Highway Division
Contact person (name and title): William Weckman, P.E. Assistant County Engineer
Completemailingaddress:11360Hwy.212West.Suitel.Cologne.MN 55322
Business phone: (952) 466-5200 Fax: (952) 466-5223 e-mail: bweckman@co.carver.mn.us
2. PROJECT IDENTIFICATION (See HELP 2): Also attach PROJECT LOCATION MAP.
CSAH 18 (Lyman Boulevard) from Galpin Rd to Audubon Rd N in the Cities of Chaska and Chanhassen, Carver Co.
3. LAND USE: Describe existing land use in project area. (See HELP 3) (pick one from the list)
Refer to Item 3 in 1/31/08 Supplemental Information.
4. PROJECT CATEGORY (check all that apply):
[g] Repair rehabilitation, reconstruction or replacement of existing roads that impact wetlands (including wetland areas of DNR
Public Waters). If so, indicate size of impact (check one).
o Less than 10,000 square feet of wetlands (see HELP 4).
[g] Greater than 10,000 square feet of wetlands.
o New road or modification of an existing road solely to increase traffic capacity impacting any amount of wetland area
River, lake or stream impact (excluding wetland areas ofDNR Public Waters).
o Placement, maintenance or repair of linear utility projects.
5. PROPOSED TIMELINE: Approximate project start date: May 2008
Projected end date:July, 2009
6. PROJECT DESCRIPTION: Check all that apply. Also include a detailed overhead view of your plan that clearly depicts
the work to be undertaken. See What To Include on Plans (Instructions, Page 4)
o Guardrail improvement 0 Slope flattening
o Guardrail improvement with slope flattening [g] Turn lane: improvement of existing or new construction
[g] Resurfacing 0 Bridge work: repair
[g] Culvert work; repair, extension or replacement 0 Bridge work: replacement
o Stream diversion [8] Reconstruction (existing roads)
[g] Shoulder work: repair widening 0 Additional lanes solely for traffic capacity
[g] Shoulder widening with ditch grading 0 New road construction
o Other 0 Linear utility Projects
7. ESTIMATED PROJECT COST:
FUNDING SOURCES (%): Federal 0 State 40 Local60
8. SEQUENCING CONSIDERATIONS: What alternatives to this proposed project have you considered that could have
avoided or minimized impacts to wetlands or water? For new construction only - list at least two alternatives (one of which may
be "no build" or "do nothing"), and explain why you chose to pursue the option described in this application over these alternatives.
(If space below is not adequate, attach separate sheet labeled SEQUENCING CONSIDERATIONS.)
Refer to Item 8 of attached Supplemental Information.
Public Transportation and Utility Projects, Page I
(August 2007)
9A. IMPACT SUMMARY: Impacts to lakes and watercourses only - indicate total amount (in acres or square feet) of
water body area(s) to be filled, drained, inundated, or excavated. For watercourses indicate length of stream or river affected (in
linear feet). (See HELP 9A & 9B)
Location of Impact County Name Public Waters For lakes For watercourse
Section, Twp, and Indicate name indicate area of impact in acres impacts
Range Watershed No. And ID Number indicate length of
impact in linear feet
AFFIRMATION For Public Waters impacts:
I am applying for state and local authorization to conduct the work described in this application.
I am familiar with the information contained in this application. .
To the best of my knowledge and belief, all information in this application 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
IF your project will impact ONLY DNR Public Waters, proceed directly to the Applicant Signature Block on Page 4.
9B IMP ACT SUMMARY F
tst
tI d
I
. : or Impac o we an S OnlY:
ill of Wetland Watershed Name Section, Wetland Circ. 39 Predominant Size of Size of
Basin or No. and Bank County Twp, Type I Wetland Plant Vegetation Wetland Wetland
Impacted Service Area Range Community Typel Impact Basin
Refer to Item 9B ill attached Supp. Info.
TOTALS OF AREA (S) IMPACTED FOR EACH WETLAND TYPE:
Shallow Deep Shallow Sedge Fresh Wetto Calcar- Open or Shrub carr Hardwood or Floodplain Seasonally
open marsh marsh meadow (wet) wetmesic eo us fen coniferous I alder coniferous forest flooded
water meadow prairie bog thicket swamp basin
0.20 1.38
9C. Are any of these impact sites within 1000 feet of a lake or 300 feet of a river?
If YES, please explain.
[gJ No DYes.
10. TYPE and AMOUNT OF FILL MATERIAL: e.g., rock, sand, clay or concrete (indicate amount of cubic yards.)
Unknown total cubic yards of clean road fill material.
11. ADJOINING PROPERTY OWNERS: For projects that require a COE standard individual permit, attach a list of
ADJOINING PROPERTY OWNERS that includes complete names and mailing addresses of adjacent property owners whose
property also adjoins the wetland or water body where the work is being proposed.
12. PORTION OF WORK ALREADY COMPLETED: Is any portion of the work already completed? [8]No DYes
If YES, attach DESCRIPTION OF WORK COMPLETED and provide permit numbers if applicable.
13. STATUS OF OTHER APPROVALS: Attach STATUS OF OTHER APPROVALS LIST, include any other permits, reviews,
or approvals related to this proposed project that are either pending, or have already been approved or denied. (See HELP 13)
lSee 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.
Public Transportation and Utility Projects, Page 2
(August 2007)
STATE EA W AND EIS REQUIREMENTS: Are state Environmental Assessment Worksheets or Environmental Impact
Statements required for this project? (see HELP 13.)
o not required [gl yes, indicate status below
ARCHEOLOGICAL OR CULTURAL RESOURCES DETERMINATIONS: Are you aware of any archeological or
cultural resource determinations or surveys completed concerning the project or replacement site that are already completed or in
process by the State Historical Society Preservation Office (SHPO) or others? DNo [glYes. If YES, please explain below or attach
a copy of any determinations or surveys. If NO, and if project will use federal or state-aid funds, COntact SHPO for determination.
14. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply directly or indirectly to either the
impact sites(s) or the replacement sites(s)? (Examples: the presence of endangered species, special fish and wildlife resources,
sensitive surface waters, calcareous fens, or waste disposal sites.) (See HELP 14)
[gl Not aware of any special considerations
o Yes, attach a list of SPECIAL CONSIDERATIONS and include brief descriptions of each consideration listed.
15. ON-SITE MITIGATION CONSIDERATIONS. List any important site-specific wetland functions and describe options
considered for mitigation of these functions onsite.
16. HOW WILL PROPOSED REPLACEMENT BE ACCOMPLISHED:
Wetland Banking only? [glNo DYes (if Yes, proceed to Question 17)
Project-specific replacement only? [glNo DYes (if YES, check all that apply below and proceed to Question 19)
Project-specific replacement and Wetland Banking? DNo [glYes (If Yes, check all that apply below, and proceed to
Questions 18 and 19)
For projects involving any project-specific replacement
Part A: The replacement wetland (affirm all statements):
Was not previously restored or created under a prior approval 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; AND
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);
[gl The wetland will be replaced before or concurrent with the actual draining or filling of a wetland.
o An irrevocable bank letter of credit, performed bond, or other acceptable security has been provided to guarantee the
successful completion of the wetland replacement.
~ The wetland losses will be replaced via withdrawal from an account inthe State Wetland Bank.
Part C: For projects involving any project-specific replacement: I will record the Declaration of Restrictions and Covenants of the
deed for the property of which the replacement wetland(s) will be located; and I will at the same time submit proof of such recording
to the LGD.
17. IF REPLACEMENT CONSISTS OF WETLAND BANKING, check appropriate option(s) below. (See HELP 17)
[gl BWSR Road Replacement Program: this option is available only for repair, rehabilitation, reconstruction or replacement of
existing county, township or city roads. (Note: the TEP must certify that the project qualifies for this option - page 6.) If all of
your replacement qualifies for this option - you do not need to answer the remaining questions, please skip to the Applicant
Signature Blocks (pages 4 and 5).
[gl State Wetland Bank - proceed to Question 21. (You must also complete the Application for Withdrawal of Credits Form and
include with your application, see HELP 6).
18. FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING: I affirm that to the best of my knowledge
and belief that all information in this application is true, complete and accurate. I affirm that the wetland losses will be replaced via
withdrawal from an account in the State Wetland Bank. I affirm that a completed withdrawal form has been submitted to the BWSR
Wetland Bank Coordinator for replacing losses through the State Wetland Bank.
Public Transportation and Utility Projects, Page 3 (August 2007)
19. DESCRIPTION OF REPLACEMENT WETLAND (S) CONSTRUCTION: (Complete this section only if you are
conducting project-specific replacement). See HELP 19 and attach this description on a separate sheet of paper labeled
DESCRIPTION OF REPLACEMENT WETLAND CONSTRUCfION.
See Item 19 in attached Supplemental Information.
20. SURPLUS WETLAND CREDITS: If using project-specific replacement, will the replacement result in any surplus wetland
credits that you wish to bave deposited in the State Wetland Bank for future use? l8lNo DVes. IfVes, submit a Wetland Banking
Application directly to your LGU. Copies are available from your LGU, or you may download a copy from www.bwsr.state.mn.us
21. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below for all wetland replacement sites
(including bank sites) except for replacement to be completed through the aWSR Road Replacement Program. If your project has
more than one wetland replacement site, reference your overhead view (See Question 6) to this chart. See HELP 21.
Name of Major County Predominant Wetland Circ. 39 New Wetland Public Value Restored or
Wetland Watershed Section Vegetation Type I Plant Credits Credits created?
Replacement number Township Proposed Community Type' (NWC) (PVC) Indicate
Site Range RorC
Bank # 1 040 33 Scott Bank site established 3/U 0.21 0.44 R
Trail nnvl 33 10/22/116N/23 Wet meadow 2/wt mdw 0.23 0.0 R
W
TOTALS:
Applicant Signature Block
To the best of my knowledge and belief, all information in tillS application is true, complete and accurate. I possess the authority to
undertake the work described, or I am acting as the duly appointed agent of the applicant.
-/<')-lit.l1/hV m.uh~
Signature
'See Wetlaud Plal/ts al/d Plal/t ComnllllliJies of M;"uesota alld WisconS;II (Eggers and Reed, 1997) as modified by the Board of
Water and Soil Resources, United States Army Corps of Engineers.
Public Transportation and Utility Projects, Page 4
(August 2007)
FOR LGU USE ONLY
For projects involving construction of new roads, increased traffic capacity or linear utility of projects, the replacement plan is
(Check one):
D Approved
D Approved with conditions (conditions attached)
D Denied
LGU official signature
Date
LGU has received evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland:
County where recorded
Date Recorded
Document # assigned by Recorder
LGU official signature
Date
Public Transportation and Utility Projects, Page 5
(August 2007)
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT (33 CFR 325) OMB APPROVAL NO. 07tlJ..OOJ Expires Dec 31,2004
The public burden for this collection of information is estimated to average 10 hour.; per response, although lhc majority of applications should requirc 5 hour.; or less. This inCludes the
time for reviewing instructions, searching el\isting data sources, gathering and maintaining the data needcd, and completing and reviewing the collection of information. Send coTl1l1lCnts
regarding this burden estimale or any other aspect of this collection of information, including suggestions for reducing this burden, 10 Department of Defense. Washington Headquarters
Service DirecloratcoflnformationOpcrntions and Reports, 1215 Ie~erson Davis Highway, Suile 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 notwithsta!lding any other provision of law, no persOn shall be subject to any
penalty for failing to comply with a collection of information if it does not display a currenlly valid OMB control number. Please DO NOT RETlJRN your form 10 either .of these
addrCsses. Completed applications must be submitted 10 the District engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT: Authorities: Rivers and Harbors Act, Seelion 10, 33 use 403; Cleall Water Act, Section 404, 33 use 1344; Marine Proteclion, Research and
Sanctuaries Act, 33 use 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 Departmenl of Justice and other Federal, state, aDd local government agencies. Submission of requested information is voluntary; however, if information is not
provided, the permit application cannot be evaluated nor can a petmit be issued. \
I. APPLlCA TION NO. 12. FlELD OFFICE CODE 3. DATE RECENED 4. DATE APPLlCA TION COMPLETED
YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12.25 in the SHADED AREAS.
All applicants need to complete non-shaded items 5 and 26. If an agent is to !>e used, also complete items 8 and II. This optional Federal form
is valid for use only when included as part of this entire state application packet
ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS
8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
Barbara Walther, PWS
11. STATEMENT OF AUfHORIZA TION (if applicable: complete only if alllltorizillg an agem)
r hereby authorize Barbara Walther. PWS to act on my behalf as my agent in the processing ofthis application and to furnish,
upon request, supplemental information in support of this permit application.
26.Application is hereby made for a pennit or pennits to authorize the work described in this application. I certify that
the information in this application is complete and accurate. I further certify that I ssess the authority to undertake
the work described herein or am acting as the duly authorized a t of the applic
d~r/
Signature of applicant Date ignature of agent (if any) Dal
The application rrust be signed by the person who desires to undertake the proposed activity (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 IDOl provides that: Whoever, in any manner within the jurisdiction of any department or agency oflhe
United States knowingly and willfully falsifies, conceals, or covers up with any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than S 1 0,000 or imprisoned not more than five years or both.
ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE.
(proponent: CECW-OR)
Public Transportation and Utility Projects, Page 6
(August 2007)
May. 12, 2008 3:29PM
No.2017
P. 2
'Y;'''toY:..,.~:#
,::;~~;r~Gj FOR TEP USE ONLY
.::,/!:i;.C;}#cclion mnst be completed tOl' projccls nf(ccling more thlll\ 10,000 sq, ft, ofweUnuillnyolving repal)", rehabilitation,
<'. ';';:;;;~bMtruction, or replllCl!ntent of II cUl'l'enely ~ervlcenble existing stale, city, county, or township public .-ond necessAry to meet
:'.::~r:;'~te or fcdel'sl desi{ln Or sAfety stondlll"ds or requlremeuts, IInd for which the impllCU l'll'e proposed to be replaced by DWSR
:(.:.')tllL'OUllh the Public Rond Replacement Progrnm, No debit of wellnnd blinking cl'erlits shAll OCCUr until n mnjorHy of the TEll'
:'7/ mcmbers recommend npproval by signinc ~clow,
~,' ','
As indic/l.ted below, TEP members recommend the BWSR debit the Slate Wetl~nd bnnk Lo provide replllCCmen! for wetland irnplIcts
ic1elltificd on this form, and CeIlil'y the following:
The public road authority has provided project-specific repotts 10 TEP members at least 30 days prior to beginning
construction, or within 30 days after nn emergency repair resulting in less than J 0,000 ft2 of impact; 81ld
The TEl' has reviewed minimization and delinearion deci~ions made by lhe public rond aUfhority and determinetl the
deci$ions to be satisfactory,
~ Agree
o Disagree
5/1'l/ct'.
(Djie)
o Agree
o Disagree
DN~ ~.pre~cnlllli\'e (if B/llllicDble)
(O&te)
Public Transportation ilIH1 Utifiry Pl'OjeC(S, flagc 7
(AugUSt 2007)
...
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MINNESOTA LOCAL - STATE - FEDERAL
APPLICATION FORMS FOR WATERIWETLAND PROJECTS
. ,'SUPPI-'EME 7: 'f:.'lNFOf1IVTAtIQNF()R APPLlCA liON
..~;i;>, >., ,':':A$!it,Mig}\Ji:J",:,'.'/;:,,:'<' > - ,'.... '
, .', . "'for'; , ,
::'ca~~r,ti(]:Z~/it1ttta:ti:~:'#~eht, .
On Monday, March 3, 2008, the Technical Evaluation Panel (TEP) met to review
the proposed project and permit application. The TEP requested additional
information to complete their review. Only the amendments and additions to the
information provided in the original 1/31108 permit application are included below,
with specific changes or additions indicated in italics. Unchanged information in
the original 1131/08 permit application remains valid.
3. LAND USE AND EXISTING CONDITIONS
This infonnation is unchangedfrom original 1/31/08 penn it application.
6. PROJECT PURPOSE, DESCRIPTION and DIMENSIONS
PROJECT PURPOSE
This information is unchangedfrom original 1/31/08 pennit application.
PROPOSED IMPROVEMENTS
This infonnation is unchangedfrom original 1/31/08 permit application.
8. SEQUENCING CONSIDERATIONS
The No-Build alternative would result in no impacts to wetlands. However, the current (2007)
traffic along CSAH 18 is 14,100 vehicles per day (vpd), near the maximum capacity of
15,000 vpd for a two-lane rural highway. Maximum capacity, and its associated safety issues,
can be expected to be reached within only a year or two at the current rate of growth in this
portion of Carver County (among the highest in the Twin Cities metropolitan area). 2030 traffic
forecasts 26,000 vpd in the project area. Therefore, the No-Build alternative would not meet the
project goals.
Alternative road alignments were evaluated to determine if the wetlands and Bluff Creek could
be avoided and to identify minimization opportunities. Those wetlands proposed for impact are
located within the right of way, near or at the toe-of-slope of the existing roadway. Bluff Creek
flows under the existing CSAH 18 corridor. Thus, complete avoidance is not feasible.
In areas where wetlands are immediately adjacent to the existing roadway toe-of-slope,
temporary impacts, due to muck removal to stabilize foundation soils, will be restored to
preconstruction conditions by regrading to original contours. These temporary impacts,
quantified in Item 9B below, are eligible for a no-loss determination under MN Rules
Part 8420.0220 as they will meet all of the requirements outlined in MN Rules Part 8420.0520,
Subp. 5. Determination of Impact Rectification, including restoration to pre-construction
conditions within six months of impact. Figures 3B through 3E have been amended to include
existing elevations so that restoration can be accurately assessed. In addition, as noted at
the 3-3-08 TEP meeting, these temporary impacts are indicated on the plans only in the event
that construction equipment should require additional room for movement or the muck removal
extends into this area. The impacts may not occur and they are included in the plans as a worst
case scenarlO.
Remaining unavoidable impacts were minimized to the extent practicable with steeper side
slopes through the highway sections that are adjacent to wetlands, thereby minimizing the
roadway footprint through these areas. Figure 5 has been included to depict the roadway cross-
sections adjacent to wetlands W-9 and W-I0, where roadway side slope and wetland impacts are
most closely associated.
The pedestrianlbicycle facility will allow safe passage of students and other users under and
along CSAH 18, and has been designed to minimize wetland impacts to the extent practicable.
As required by the TEP, the trail loop that crossed through a small section of wetland W-I0 has
been changed from direct fill for a blacktop trail to the construction of an elevated boardwalk,
reducing the wetland impact from 0.44 acres to 0.39 acres. Finally, removal of a section of
existing trail results in the opportunity for a small amount of on-site mitigation, which is
discussed further under Item 19. These changes are shown on the amended Figures 3D and 3E.
A stormwater facility outfall will be placed adjacent to Bluff Creek, and the TEP requested
review of this outfall to determine if the impact to the Bluff Creek channel could be completely
avoided. The TEP also discussed changes in the design that would bring the outfall at more of
an angle to the creek channel. Water Resources engineers reviewed the suggestions and
determined that the small cut in the Bluff Creek channel is required in order to ensure that
overflow from the pond enters the creek without an erosion problem. Furthermore, the projected
flow from this pond under future fully developed conditions is expected to be 15.8 cubic feet per
second (cfs)for the 2-yr event, 30.2 cfsfor the 10-yr event, and 44.7 cfsfor the 100-yr event. The
watershed area on which the pond design was based was 29.3 acres under full-build conditions.
Further minimization is not feasible without compromising the project goals. Overall, the
Preferred Alternative, evaluated in the Environmental Assessment Worksheet (EA W) (2007),
AMENDED Supplemental Information for Application
CSAH 18, Carver County
April 2008
Page 2
resulted in avoidance of the majority of the wetland impacts while still remaining economically
feasible.
98. DESCRIPTION of WETLAND IMPACTS
The proposed wetland impacts are located in Carver County, in the Minnesota River - Shakopee
(33) Major Watershed and Bank Service Area 9. Table 1 below lists the proposed impacts to
wetlands located along the project corridor, in both Cities of Chaska and Chanhassen. Note:
Wetland W-9 lies along the city boundary between Chaska and Chanhassen. At the TEP
meeting, the City of Chaska delegated pennitting authority to the City of Chanhassen for the
entire project, therefore, all remaining infonnation has been simplified into one table. The
proposed wetland impacts are shown on Figures 3A through 3E, Figure 4 and Figure 5.
A total of 1.19 acres of permanent wetland impact from the roadway reconstruction are
proposed. These impacts are eligible for replacement under the BWSR Public Road Wetland
Replacement program.
A total of 0.39 acres of permanent wetland impact will result from construction of a
recreational trail along the north side of the roadway, and 190 square feet (sf) of impact at the
edge of Bluff Creek, a DNR Protected Watercourse, for an outlet from a regional stonnwater
pond. The total impacts resulting from the trail construction have been reduced from 0.44 acres
proposed in the 1/31/08 application. These impacts are not eligible for the BWSR Public Road
Replacement program, therefore, the County will address mitigation for these impacts.
As described in Item 8. Sequencing Considerations above, a total of 0.72 acres of temporary
impacts will be restored to pre-construction conditions.
Table 1
Wetland Impacts Located along Project Corridor in Chaska and Chanhassen
Type: Permanent
Wetland ID, IA 1,4 Sec. Eggers & Total Permanent Trail &
Topographic (T1l6N, Reed! Predominant wetland Roadway StormwaJer Temporary
Setting R23W) Circ 39 Vegetation area (ac) Imoacts Impacts Imoacts
W-6, tributary NWNW Wet Reed canary 0.34 0.34 ac 0.0 0.0
22 meadowl2 grass
W-S, tributary NWNW Wet Reed canary 1.0 1,373 sf 0.0 513 sf
22 meadow/2 grass
W-9, tributary NESW Shallow Cattails 2.9 0.20 ac 0.0 0.13 ac
22 marsh!3
W-lO, tributary SWNE Wet Reed canary >20 0.62 ac 0.39 ac 0.58 ac
22 meadow/2 grass*
Bluff Creek NESE N/A Reed canary >20 0.0 190 sf ** 0.0
22 grass
Total 1.19 ac 0.39 ac 0.72 ac
impacts BWSR County/City Restored to pre-
Public Road Mitigation construction
Wetland conditions
ReDlacement
* Vegetative community actively being restored during 2007 growing season.
** Proposed impacts at the edge of Bluff Creek consist of rock rip rap lining for outfall of stormwater pond at top of bank
of the actual charU1el, not within the channel itself. Overall channel cross-section and other pre-construction
AMENDED Supplemental Information for Application
CSAH 18, Carver County
April 2008
Page 3
characteristics will be maintained, with only a small section of channel cut to prevent erosion. Refer to Figure 4,
Appendix A.
13. STATUS OF OTHER APPROVALS
This infonnation is unchangedfrom original 1/31/08 pennit application.
16. HOW WILL PROPOSED REPLACEMENT BE ACCOMPLISHED?
Mitigation for the wetland impacts is required at a 2: 1 ratio by the Minnesota Wetland
Conservation Act (WCA) and Section 404 of the Clean Water Act [administered by the Corps of
Engineers (COE)]. Replacement for 1.19 acres of wetland impacts resulting from the roadway
portion of the project will be through the BWSR Public Road Wetland Replacement Program,
because this is reconstruction of an existing serviceable roadway for safety purposes. A total of
2.38 acres of mitigation must be provided, at least 1.19 acres of which must be New Wetland
Credits (NWC), in order to comply with both theWCA and COE. The remaining 1.19 acres may
be Public Value Credits (PVC) or a combination of NWC and PVC.
From the construction of the separate off-road pedestrianlbicycle trail and stonnwater outfall at
the Bluff Creek channel that will be constructed with this project, 0.39 acres of total wetland
impacts result. These impacts are not eligible for the BWSR Public Road Wetland Replacement
Program. At a 2: 1 ratio, 0.78 acres of mitigation would be required. However, the proposed
on-site mitigation, while an in-kind replacement, will not be completed in-advance.
Furthermore, available wetland credits from the BWSR Road Bank, though ill-advance, are not
all in-kind. Therefore, the minimum replacement ratio is increased to 2.25:1 for this project,
and a total of 0.88 acres of mitigation is required.
On-site replacement through restoration of 0.23 acres of fresh (wet) meadow will be completed
through removal of a section of the recreational trail (see Figure 3E in Appendix A). Carver
County will purchase 0.65 acres of credit for the remaining mitigation needs from BWSR Road
Replacement Program Bank Site in Scott County (Account #1040). The Application for
Withdrawal of Wetland Credits is included in Appendix B.
Temporary impacts of 0.72 acres may result from muck excavation efforts to widen the roadway,
and these impacts will be returned to pre-construction conditions within six months of impact.
19. DESCRIPTION OF REPLACEMENT WETLAND CONSTRUCTION
Construction of the trail loop with the boardwalk affords an opportunity for on-site replacement.
A portion of the existing trail is proposed to be removed, and this area will be graded to match
the elevation of the existing wetlands on either side, resulting in 0.23 acres of restored fresh
(wet) meadow wetland. Upon removal of the recreational trail, the surface of the original
AMENDED Supplemental Information for Application
CSAH 18, Carver County
April 2008
Page 4
organic soils will be lightly scarified to offset the compaction from the trail fill. BWSR seed mix
W-2 will be hand broadcast in the restored area, as well as any disturbed soil resulting from the
construction of the boardwalk The resulting removal of the existing trail restores the area as a
part of the larger wetland W-10 complex, which is currently being managed by the City of
Chanhassen. The City of Chanhassen will provide long-term management of this wetland
restoration as a part of their efforts in the greater W-10 wetland complex. Plans and details for
the proposed restoration of the wetland in this area are shown on Figure 3E.
Carver County will purchase 0.65 acres of credit for the remaining mitigation needs from BWSR
Road Replacement Program Bank Site in Scott County (#1040) to mitigate for these impacts.
The Application for Withdrawal of Wetland Credits is included in Appendix B.
Temporary impacts of 0.72 acres may result from muck excavation efforts to widen the roadway,
and these impacts will be returned to pre-construction conditions within six months of impact.
BWSR Seed Mix W-1 will be used at the edge of Wetland W-9, and BWSR Seed Mix W-2 will be
used at Wetland W-10 to revegetate any areas of temporary impact.
BWSR recommended seed mixes are included in Appendix C.
AMENDED Supplemental Information for Application
CSAH 18, Carver County
April 2008
Page 5
APPENDIX A
AMENDED AND NEW FIGURES
Amended Figures 3B-3E: Project Layout and Proposed
Wetland Impacts
Figure 5: Proposed Roadway Cross Sections Adjacent
to Wetlands
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LEGEND
PERMANENT WETLAND IMPACTS
TEMPORARY WETLAND IMPACTS
WETLAND BOUNDARY
CONSTRUCTION LIMITS
DRAINAGE DIRECTION
WETLAND NUMBER
STORM POND NUMBER
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WETLAND IMPACTS
CSAH 18 FROM GALPIN BLVD. TO AUDUBON ROAD NORTH RECONSTRUCTION PROJECT
SAP. 10-618-09, SAP. 10-615-09
Carver County
Figure 38
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WETLAND IMPACTS
CSAH 18 FROM GALPIN BLVD. TO AUDUBON ROAD NORTH RECONSTRUCTION PROJECT
SAP. 10-618-09, SAP. 10-615-09
Carver County
Con.ulting Group, lne.
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LEGEND
PERMANENT WETLAND IMPACTS
TEMPORARY WETLAND IMPACTS
TRAIL WETLAND IMPACTS
WETLAND BOUNDARY
CONSTRUCTION LIMITS
DRAINAGE DIRECTION
WETLAND NUMBER
STORM POND NUMBER
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WETLAND IMPACTS
CSAH 18 FROM GALPIN BLVD. TO AUDUBON ROAD NORTH RECONSTRUCTION PROJECT
S.A.P. 10-618-09, S.A.P. 10-615-09
Carver County
Figure 3D
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WETLAND MITIGATION AREA
PERMANENT WETLAND IMPACTS
TEMPORARY WETLAND IMPACTS
TRAIL WETLAND IMPACTS
WETLAND BOUNDARY
WETLAND NUMBER
STORM POND NUMBER
PHOTO REFERENCE POINT
------- CONSTRUCTION LIMITS
~ DRAINAGE DIRECTION
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80ale feet
ell TRAIL
882
EX. WETLAND
ELEV. 880
880 --1,---
SECTION B-B I \PROPOSED EXCAVATION
WETLAND MITIGATION LINE- ELEV.880
14'-0" OUT-TO-OUT
I. 12 '-0" CLEAR I
j I I,
hl, 3" X 12" X 13'-0" DECK :E
PLANKING
PILE
SECTION A
BOARDWALK
WETLAND IMPACTS
CSAH 18 FROM GALPIN BLVD. TO AUDUBON ROAD NORTH RECONSTRUCTION PROJECT
SAP. 10-618-09, SAP. 10-615-09
Carver County
Consulting Group, Inc.
6098-F1
4123/2008
",.
':'1
ELEV. 883.50
100 YR.
-3Z-HIGH WATER
882.0
- ELEV. 880.25
EXISTING WETLAND
ELEV. 878.0
Figure 3E
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CI
-C
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<t E. B. LYMAN BLVD
1174+00.00 j}EL.9Is.iS
INP R/W PROPOSED
I GROUND LINE
RIW
----~~~ ~
?-~I-- ---
PROP -
16" 'lllJ'~M - --l
~ --
~ . /
~
WCK ^ /
EXCAVATIONJ ~ /
~,-_-.I
<t W.B. LYMAN BlNO
1274+12.84
'z-.~
<t TRAIL
15+99.72
eel.95 896.93
11J -..-=~
EL. 878.93
.
COD..ltlJIc Groap, IDe.
6D9B-Fl
4114'2008
PIE
I
I
I
I
I
'z-. ~
895.72
~
WETLAND W-IO
I
_EL. 901~
I -;ETLAND M I
I I
WELAND
DELINEATION
<tW.B. LYMAN BLVD
1284+90.36
I
I
!
I
I
WELAND
DELINEATION
EXISTING
GROUNO LINE
PROPOSED ROADWAY CROSS SECTIONS ADJACENT TO WETLANDS
CSAH 18 FROM GALPIN BLVD. TO AUDUBON ROAD NORTH RECONSTRUCTION PROJECT
SAP. 10-618-09, SAP. 10-615-09
Carver County
Figure 5
~
APPENDIX 8
AMENDED APPLICATION FOR
WITHDRAWAL OF
WETLAND CREDITS
APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS
FROM THE MINNESOTA WETLAND BANK
Return Original to BWSR - Transaction may not be processed without original signatures
1. PROPOSED USER OF CREDITS
2. Impact Site Information
County Carver Major Wtrshd No.33
Bank Service Area 9
Location: SW!4 NE1,1,j See 22, Twp.116N, Rge 23W
Size of Wetland Impact: 0.39 acres
Wetland Types2 Impacted: 2
Wetland Plant Communities impactedJ: fresh wet meadow
Name(s) Carver County Highway Division
Address: 11360 Hwy. 212 West, Suite J
Cologne. MN 55322
City State ZIP
Day Phone (952)466-5200
Other Phone (
Required Replacement Ratio: 2.25: 1 WCA /Iocal / COE
Amount to be replaced using Bank Credits:O.65
Amount replaced on site: 0.23
Project Name: CSAH 1 B (Lyman Blvd)
Attach replacement plan if additional detail is needed.
3. OWNER I SELLER OF CREDITS
4. Regulating Authority(ies) Approving
the Use of Wetland Bank Credits
Replacement Plan approved by (check all that apply):
~ Local WCA LOU: City of Chanhassen (Print agency name)
Local Permit #
~ U.S. Army Corps of Engineers: Permit #
o MN Dept. of Natural Resources: Permit #
o Natural Resources Conservation Service: Permit #
o Other authority involved:
Account No. 1040
Watershed No. 33
County: Scott
Bank Service Area 9
Name of Seller: BWSR Road Replacement Program
Dan Oiralamo (Name of Authorized Representative)
(Signature of SeIler/Authorized Representative)
~ Enclosed 6.5% transaction fee, payable to "Board of Water & Soil Resources."
5. CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. 1040
Credit NWC or Acres Wetland Wetland Plant Conununiti Cost
Sub-Group! PVC withdra wn Type2 (per acre)
C NWC 0.21 3 Shallow Marsh 35,420
D PVC 0.44 U Upland buffer 35,420
(pick one) (pick One]
[pick one) [Pick One)
Totals: o.(P5~c. I( '35)'\-2.0/<1.C; ::. tt2B 023 + ~\ ~ ~ 9 ".5"0 ::: tlZ4.5/'\.SO
.
I acre = 43.560 sq. fl. e: Fcc Total (TOlal cost x 0.065 = $ 1,496.50
I Letters signify credit sub-groups, which represent wetland areas with different wetland characteristics.
2CircuJar 39 types: I. IL. 2, 3. 4. 5. 6.7.8, R. U (for Upland Buffer).
3 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. shmb-carr/aldcr thicket. hardwood swamp or coniferous swamp. floodplain forest, seasonally
flooded basin. or upland buffer. See Wetland Plants and Plant Communities of Minnesota and WiSCOIISi/1 (Eggers and Reed, 1997) as
modified by the Board of Water and SoU Resources, United States Anny Corps of Engineers.
Page 101'2
BWSR Fonn: wen-bank-05 (online withdrawal form).doc
Revised 12104/07
6. CERTIFICATION OF USER OF WETLAND CREDITS
The proposed user oJ credits hereby certifies tlu:tt he/she: a) either owns the subject wetland credits or has entered into an
agreement to purchase said credits. subject to the approval of all applicable regulatory authorities and b) has filed appropriate
plans, specifications and application forms with all applicable regulatory authorities that describe the wetland or water resource impacts
for which the subject wetland credits will be utilized for mitigation purposes.
-UJ---ab~ &J~
Authorized SI nature 01 Pro User of Credits
William Weckman, P.E.
PRINT Name
4(/0/0g
Date
7~REGULATORY AUTHORITY APPROVAL(S)
The following authorized representatives of the regulatory authority (ies) identified on page I of this application hereby certify that
they have: a) verified that the subject wetland credits are deposited in the account of the owner I seller. b) approved a wetland
replacement plan or other water resource impact under their jurisdiction. and c) approved the proposed use of the wetland bank
credits described herein.
Terrence Jeffln
PRINT Name of WCA LGU Official Signature of Authorized WCA LGU Omcial Date
\
PRINT Name 01 Other Regulatory Official (if any) Signature of Other Authorized Official Date
Agency Address of Other Regulatory Official
8. CERTIFlCA nON OF OWNER I SELLER OF CREDITS
I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certify Ihat:
1) the credits described in this application have either been sold to the user of credits or I will use them to
miligate wetland impacts for my own project,
2) ] have received payment in full from the buyer (if applicable),
3) the credits have not been sold or used in any way to mitigate wetland losses other than for the project
and location identified in the project site information block on the previous page,
4) the subject wetland credits should be withdrawn my account,
S) I will not have a negative balance of credits after the subject credits are debited from my account, nnd
6) the Annual Fee for this account has beeD paid (or will be with an enclosed check).
Authorized Signature of Owner I Seller of Credits
Date
9. BWSR APPROVAL AND DEBITING OF ACCOUNT
I hereby certify that the credits have been properly debited from the subject account, effective the date of signature.
Authorized Signature
Date
Upon approval by BWSR. a copy of this inslTUment will be mailed to the user of the credits, all regulatory authorities involved, the account holder
and the Board Conservationist. A letter will also be sent to the account holder acknowledlrllll1: tbe debit and new account balance.
IMPORTANT REMINDERS
I. The Owner I Seller of the credits is responsible for submittal of this form. containing original signatures. to the BWSR
Wetland Bank Administrator so the affected account can be properly debited.
2. No impacts 10 any wetland or other water resource may commence until the credits have been debited from the Minnesota
Wetland Mitigation Bank and a copy of this approval has been mailed 10 the regulatory authority(ies), the account holder and
the user of the credits.
3. It is a criminal offense for a seller of wetland credits 10 sell credils more than one time. It is the responsibility of tile accounl
holder to report any credit sales that are not noted on the most current official BWSR account balance.
BWSR Form: wen-hank-05 (online withdrawal fonn).doc
Revised 12104/07
Page 2 of2
\.1.It. I.. B.Ilil. t ','.!I.!(Ii.(~"I. HI' I.! I.j \\ Ii\.'!'.,= SI,il f~,.""".\:lI~\'.
, :,: I, I!', ";,' 1~",I,1 ":-'",1, " 1',,1/:, !\I:--: ,'. \.'
APPENDIX C
VEGETA TION MANAGEMENT PLAN
AND
PROPOSED SEED MIXES
Five-Year Vegetation Establishment and Management Plan
for
Restoration of Fresh (Wet) Meadow - within Wetland W-I0
CSAH 18 Reconstruction
Schedule of Activities
Date Action to be Taken
Construction season 2008 Remove existing trail. Scarify top 6"-12" of original organic soils.
After October 15,2008 Hand broadcast BWSR Seed Mix W-2 at rate of 8.0 Ibs/acre. Seed tags
provided to LGU. No mulch required.
May 2009 (Year 1) Monitor establishment of dormant seeding. Spot treatmentl of reed canary grass
and other invasive species.
Throughout 2009 Growing Season When moisture levels allow, mow wetland area to 6"-8" to prevent seeding of
annual weeds through September 2009.
July, August and September 2009 Monitoring2 and spot treatment of reed canary grass and other undesirable
weeds.
June 2010 (Year 2) Monitoring and spot treatment of reed canary grass and other undesirable weeds.
July, August and September 2010 Monitoring and spot treatment of reed canary grass and other undesirable weeds.
June 2011 (Year 3) Monitoring and spot treatment of reed canary grass and other undesirable weeds.
July, August and September 2011 Monitoring and spot treatment of reed canary grass and other undesirable weeds.
June 2012 (Year 4) Monitoring and spot treatment of reed canary grass and other undesirable weeds.
July, August and September 2012 Monitoring and spot treatment of reed canary grass and other undesirable weeds.
June 2013 (Year 5) Monitoring and spot treatment of reed canary grass and other undesirable weeds.
July and August 2013 Monitoring and spot treatment of reed canary grass and other undesirable weeds.
September 2013 Final inspection and LGU review of wetland community establishment.
1 Herbicide containing 6% glyphosate, such as Rodeo, shall be used to spot treat patches of reed canary grass and
other undesirable weeds. Spring application of herbicide is most effective.
2 "Monitoring" refers to inspection of site, including review of hydrologic and soil development, botanical survey
and photographs to document the establishment of native species and to identify the presence of any invasive or
other undesirable weed species. This information will be reported to the LGU throughout the growing season after
each inspection and compiled into an annual report at the end of each growing season.
The main concern with the establishment and long-term viability of the wetland plant community
in this restoration is the threat of invasion by reed canary grass. During the 2007 growing season,
the vegetative community was being actively restored through prescribed burn and other methods
to eradicate reed canary grass. Therefore, patches of reed canary grass should be eliminated as
soon as they are identified within the wetland restoration area. As noted, herbicide containing
6% glyphosate, such as Rodeo, shall be used to spot treat reed canary grass and other undesirable
weed species. If reed canary grass is allowed to invade and dominate, and covers more than
50% of the restoration site, prescribed bum control should be utilized. Burning is most
successful in the spring when followed by application of herbicide to the new growth.
If at any time during the five-year monitoring the vegetative community is found to be favoring
invasive species rather than the intended natives, this will be reported to the LGU immediately
following the field inspection. Corrective action, such as herbicide treatment of the entire area
followed by reseeding with the intended BWSR Seed Mix W-2, will be coordinated with the
LGU and TEP as necessary.
Replacement Plan Monitoring
Monitoring of the site, as listed above, will occur in accordance with the requirements of WCA
(MN Rules Sections 8420.0610 and 8420.0620). Annual reports will be produced every year
during the first five years of monitoring. During the first inspection in 2009, as-built conditions
will be compared with the design specifications, and the rationale for any significant changes will
be noted. For subsequent years, existing wetland conditions will be compared to as-built
specifications.
This wetland restoration will result from the removal of fill (recreational trail) from atop organic
hydric soils. Because this restoration is intended to result in a fresh (wet) meadow community,
surface water is not expected throughout most of the growing season. If no standing water is
present, as expected, soil pits will be dug with a hand-auger and the depth to free water in the pit
will be noted. In addition to hydrology information, a list of dominant and non':'dorninant
vegetation, estimated percent coverage, wetland indicator status, and common and scientific
names of species present will be created.
Color photographs will be taken during each of the site inspections listed in the Schedule of
Activities from the fixed photo-reference point noted on Figure 3E. The fixed photo-reference
point is at the west end of the proposed boardwalk where it meets the existing trail, facing east to
the restored wetland area. Other information determined essential to documentation of wetland
success by the consultant, LGU, or Army Corps of Engineers will be collected at the time of site
inspections.
Informal reports will be made to the LGU when necessary after site inspections, and a detailed
report will be prepared annually, following the final site visit for each growing season. The first
annual report will document the as-built conditions in comparison to the design specifications.
Each annual report will include a discussion of the status of the wetland restoration, descriptions
of the wetland type(s) present and a summary of the hydrologic and vegetation monitoring. The
report will discuss any problems in the formation of wetland characteristics, corrective actions
taken, as well as management activities performed during the previous year, their effectiveness
and any maintenance or corrective actions recommended for the upcoming year.
At the end of the five-year monitoring period (or earlier if deemed acceptable by the LGU), a
wetland delineation will be completed to determine if the restoration area meets required wetland
criteria. The delineation will be addressed in the fifth annual report. Following completion of
the initial five-year monitoring, maintenance of the restoration area will continue in accordance
with City of Chanhassen efforts to restore the vegetative community of the
Wetland W-10 complex.
Five-Year Vegetation Establishment and Management Plan
Fresh (Wet) Meadow Restoration - Wetland W-10
CSAH 18 Reconstruction, Carver County
April 2008
Page 2
Mixture Wi (Native EmergentlWetland Fringe)
Botanical Indicator %of
Common Name Name Status Seeds/oz. Seeds/ft2 Mix
Grasses
Slough grass, American Beckmannia OBL 50,000 67.6 46.0
syzigachne
Blue-joint grass Calamagrostis OBL 280,000 8.2 1.0
canadensis
Manna grass, rattlesnake Glyceria OBL 74,000 4.3 2.0
canadensis
Manna grass, reed Glyceria OBL 80,000 4.7 2.0
grandis
Cut-grass, rice Leersia OBL 34,000 2.0 2.0
orvzoides
Graminoids
Sedge, bottlebrush Carex comosa OBL 30,000 1.8 2.0
Sedge, porcupine Carex OBL 30,000 3.5 4.0
hystericina
Sedge, lake Carex lacustris OBL 32,000 0.5 0.5
Sedge, tussock Carex stricta OBL 53,000 0.8 0.5
Sedge, fox Carex OBL 100,000 14.7 5.0
vulpinoidea
Spike-rush, creeping Eleocharis OBL 70,000 2.1 1.0
acicularis
Spike-rush, great Eleocharis OBL 51,000 1.5 1.0
palustris
Rush, common Juncus effusus OBL 1,000,000 29.4 1.0
Bulrush, hard-stem Scirpus acutus OBL 20,000 1.2 2.0
Bulrush, river Scripus OBL 4,300 0.3 2.0
fluvitialis
Bulrush, soft-stem Scirpus validus OBL 31,000 1.8 2.0
Bur-reed, giant Sparganium OBL 500 0.1 10.0
eurvcarpum
Forbs
Sweet flag Acorus calamus OBL 6,600 0.4 2.0
Plantain, large f1owered- A lisma triviale OBL 66,000 7.8 4.0
water
Milkweed, marsh Asclepias OBL 4,800 0.6 4.0
incarnata
Joe-pye weed Eupatorium OBL 95,000 5.6 2.0
maculatum
Arrowhead, broad-leaved Sagittaria OBL 61,000 7.2 4.0
lattfolia
Total: 100,0
Recommended Rate: 8.0 (pLS Ibs/acre)
Summaries
Mix Seeds Per Square Foot Mix Seeds Per Square Yard Mix Seeds Per Acre
166 1,493 7,226,240
% by wt. Grasses % by wt. Graminoids % by wt. Forbs
53.0 21.0 26.0
% by Seed Count Grasses % by Seed Count Graminoids % by Seed Count Forbs
52.0 35.0 13.0
Five-Year Vegetation Establishment and Management Plan
Fresh (Wet) Meadow Restoration - Wetland W-10
CSAH 18 Reconstruction, Carver County
April 2008
Page 3
Mixture W2 (Native Sedge/Wet Meadow)
%of
Indicator Mix
Common Name Botanical Name Status Seeds/oz. Seeds/ft.2
Grasses
Slough grass, American Beckmannia syzigachne OBL 50,000 36.7 25.0
Brome, fringed Bromus ciliata FACW 10,000 1.5 5.0
Blue-joint grass Calamagrostis canadensis OBL 280,000 8.2 1.0
Wild-rye, Virginia Elymus virginicus FACW- 4,200 3.1 25.0
Manna grass, reed Glyceria grandis OBL 80,000 2.4 1.0
Manna grass, fowl Glyceria striata OBL 160,000 4.7 1.0
Bluegrass, fowl Poa palustris FACW+ 118,000 86.7 25.0
Graminoids
Sedge, bottlebrush Carex comosa OBL 30,000 0.9 1.0
Sedge, tussock Carex stricta OBL 53,000 0.8 0.5
Sedge, fox Carex vulpinoidea OBL 100,000 5.9 2.0
Rush, slender Juncus tenuis FAC 1,000,000 8.8 0.3
Bulrush, green Scirpus atrovirens OBL 460,000 13.5 1.0
Wool grass Scirpus cyperinus OBL 1,700,000 5.0 0.1
Bulrush, river Scirpus jIuviati/is OBL 4,300 0.1 0.4
Bulrush, soft-stem Scirpus validus OBL 31,000 1.5 1.6
Forbs
Anemone, Canada Anemone canadensis FACW 8,000 0.1 0.6
Milkweed, marsh Asclepias incarnata OBL 4,800 0.1 1.0
Aster, swamp Aster puniceus OBL 80,000 0.5 0.2
Aster, flat-topped Aster umbe/latus FACW 67,000 0.8 0.4
Joe-pye weed Eupatorium maculatum OBL 95,000 0.6 0.2
Boneset Eupatorium perfoliatum FACW+ 160,000 0.9 0.2
Goldenrod, grass-leaved Euthamia graminifolia FACW- 350,000 1.0 0.1
Sneezeweed Helenium autumnale FACW+ 130,000 0.8 0.2
Sunflower, serrated Helianthus grosseserratus FACW- 15,000 0.2 0.4
Iris, blue-flag Iris versicolor OBL 1,300 0.18 4.6
Blazingstar, meadow Liatris ligulistylis FACU+ 10,000 0.2 0.6
Lobelia, great-blue Lobelia siphilitica FACW+ 500,000 2.9 0.2
Monkey flower Mimulus ringens OBL 2,300,000 6.8 0.1
Mint, mountain Pycnanthemum virginianum FACW+ 220,000 1.3 0.2
Goldenrod, giant Solidago gigantea FACW 80,000 0.5 0.2
Vervain, blue Verbena hastata FACW+ 93,000 1.1 0.4
Ironweed Veroniafasciculata FACW 24,000 0.3 0.4
Culver's root Veronicastrum virginicum FAC 800,000 2.4 0.1
Total: 100.0
Recommended Rate: 8.0 (PLS Ibs/acre)
Mix Seeds Per Acre Mix Seeds Per Square
Yard
8,719,360 1,802
Mix Seeds Per Square Foot
200
% by wt. Forbs % by Seed Count Forbs
10.0 10.0
% by wt. Grasses % by Seed Count Grasses
83.0 72.0
% by wt. Graminoids % by Seed Count
Graminoids
7.0 18.0
Five-Year Vegetation Establishment and Management Plan
Fresh (Wet) Meadow Restoration - Wetland W-10
CSAH 18 Reconstruction, Carver County
April 2008
Page 4
APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS
FROM THE MINNESOTA WETLAND BANK
Return Original to BWSR - Transaction may not be processed without original signatures
2. Impact Site Infonnation
County Carver Major Wtrshd No.33
Bank Service Area 9
Location: SWIA NE~ Sec 22. Twp. I 16N. Rge 23W
Size of Wetland Impact: 0.39 acres
Wetland Types2lmpacted: 2
Wetland Plant Communities impacted): fresh wet meadow
1. PROPOSED USER OF CREDITS
Name(s) Carver County Highway Division
Address: 11360 Hwy. 212 West, Suite I
Cologne. MN 55322
City State ZIP
Day Phone (952)466-5200
Other Phone (
Required Replacement Ratio: 2.25: I WCA I local I COE
Amount to be replaced using Bank Credits:0.65
Amount replaced on site: 0.23
Project Name: CSAH 18 (Lyman Blvd)
Attach replacement plan if additional detail is needed.
3. OWNER / SELLER OF CREDITS
4. Regulating Authority(ies) Approving
the Use of Wetland Bank Credits
Account No. 1040
Watershed No. 33
County: Scott
Bank Service Area 9
Replacement Plan approved by (check all that apply):
rg] Local WCA LGU: City of Chanhassen (Print agency name)
Local Permit #
rg] U.S. Army Corps of Engineers: Pemlit #
D MN Dept. of Natural Resources: Permit #
D Natural Resources Conservation Service: Permit #
D Other authority involved:
Name of Seller: BWSR Road Replacement Program
Dan Giralamo (Name of Authorized Representative)
(Signature of SeHer/Authorized Representative)
)i1 Enclosed 6.5% transaction fee. payable to "Board of Water & Soil Resources."
5. CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. 1040
Credit NWC or Acres Wetland Wetland Plant Comrnunitl Cost
Sub-Group' PYC wilhdra wn Type2 (per acre)
C NWC 0.21 3 Shallow Marsh 35,420
D PYC 0.44 U Upland buffer 35,420
(pick one] [pick One]
(pick one 1 (Pick One]
Totals: o. c..5 o.c. I( "35/t.ZO/CL~ ~ #23023 +~\~"'9 ",SO ::: 112.4 51~.SO
.
I acre'" 43,560 sq. ft. e. Fcc Total (Total cost x 0.065 '" $ 1,496.50
I Leners signify credit sub-groups, which represent wetland areas with different wetland characteristics.
2Circular 39 types: I. lL. 2. 3.4.5,6.7.8. R. U (for Upland Buffer).
3 Wetland plant community type: shallow open water. deep marsh, shallow marsh. sedge meadow. fresh meadow. wet 10 wet-mesic prairie.
calcareous fen. open bog or coniferous bog. shrub-carr/alder thicket. hardwood swamp or coniferous swamp. floodplain forest, seasonally
flooded basin. or upland buffer. See Wetland Pl(/1/ts and Plallt Communities of Minl/esota alld Wiscol/sill (Eggers mId Reed, 1997) as
modified by the Board of Water and Soil Resources, United States Anny Corps of Engineers.
Page lof2
BWSR Fonn: wcn-bank-05 (online withdrawal form).doc
Revised 12/04/07
6. CERTIFICATION OF USER OF WETLAND CREDITS
The proposed user of credits hereby certifies Illal he/she: a) either owns the subject wetland credits or has entered into an
agreement to purchase said credits, subject to the approval of all applicable regulatory authorities and b) has filed appropriate
plans, specifications and application forms with all applicable regulatory authorities that describe the wetland or water resource impacts
for which the subject wetland credits will be utilized for mitigation purposes.
-U:J~fi~ tI)..ed~
Authorized Slenature of Pronosed User of Credits
William Weckman, P.E.
PRINT Name
4(/0/08
Date
7. REGULATORY AUTHORITY APPROVAL(S)
The following authorized representatives of the regulatory authority (ies) identified on page I of this application hereby certify that
they have: a) verified that the subject wetland credits are deposited in the account of the owner I seller, b) approved a wetland
replacement plan or other water resource impact under their jurisdiction, and c) approved the proposed use of the wetland bank
eredi~ described herein. ~./ If.! 1 /J
Terrence Jeff<<v I )U~..uu s/\~ /o'j,
PRINT Name of WCA LGU Official <: $ignature of Autborized WCA LGU Official Date
\ ---------1-=.J
PRINT Name of Other Regulatory Official (if any) Signature of Other Authorized Official
Date
Agency Address of Other Regulatory Official
8. CERTIFlCA TION OF OWNER I SELLER OF CREDITS
I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certify that:
1) the credits described in this application have either been sold to the user of credits or I will use them to
mitigate wetland impacts for my own project,
2) ] have received payment in full from the buyer (if applicable),
3) the credits have not been sold or used in any way to mitigate wetland losses other than for the project
and location identified in the project site infonnation block on the previous page,
4) the subject wetland credits should be withdrawn my account.
5) I will not have a negative balance of credits after the subject credits are debited from my account. and
6) the Annual Fee for this account has been paid (or will be with an enclosed check).
Authorized Signature of Owner I Seller of Credits
Date
9. BWSR APPROVAL AND DEBITING OF ACCOUNT
I hereby certify that the credits have been properly debited from the subject account, effective the date of signature.
Authorized Signature
Date
Upon approval by BWSR. a copy of this instrument will be mailed 10 the lIser of the credits, all regulatory authorilies involved, the account holder
and the Board Conservationist. A tettcr will also be sent to the account holder acknowled~n~ Ibe debit and new account balance.
IMPORTANT REMINDERS
I. The Owner I Seller of the credits is responsible for submittal of this form, containing original signatures, to the BWSR
Wetland Bank Administrator so the affected account Can be properly debited.
2. No impacts to any weIland or other water resource may commence untillhe credits have been debited from the Minnesota
Wetland Mitigation Bank and a copy of this approval has been mailed 10 the regulatory authority(ies), the account holder and
the user of the credits.
3. It is a criminal offense for II seller of wetland credits to sell credits more than one time. It is the responsibility of the account
holder to report any credit sales that are not noted on the most current official BWSR account balance.
BWSR Form: wcn-bank-05 (online withdrawal form).doc
Revised 12104/07
Page 2 of2
\.1.11. I.. H"ljJ. '. '.I.lJf![li.f~I..j. Hit I.! ,.1 '".\., H\.or..\: Spit f{,',,1:lll'\ '"
. :,: I . I!'. ..:,. I{. '.1-1 '.:. ") .1,
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Minnesota Wetland Conservation Act
Notice of Wetland Conservation Act Decision
Name and Address of Local Government Unit: City ofChanhassen. 7700 Market Blvd..
Chanhassen. MN 55317
Name of Applicant: Carver County Highway Division
Project Name: CSAH 18 (Lyman Blvd.) Reconstruction
Application Number: 08-12
Type of Application (check one):
D Exemption Decision
D No Loss Decision
[g] Replacement Plan Decision
D Banking Plan Decision
D Wetland Type/Boundary Decision
Date of Decision: Mav 27.2008
Check One: [gI Approved
D Approved with conditions (see note on page 2 regarding use ofwetIand banking credits)
D Denied
Summary ofProjectJDecision (indicate exemption number per MN Rule 8420.0122, ifapplicable):_
The applicant is proposing to reconstruct CSAH 18 (Lyman Blvd) from approximately 1500 feet west of
Galpin Boulevard to the intersection of Audubon Road North. The proposed reconstruction and
appurtenant construction will result in permanent impacts to four wetlands at five different locations.
These permanent wetland impacts will total 1.58 acres. In addition, another 0.72 acres of jurisdictional
wetland will be temporarily impacted but restored to original conditions. The following table summarizes
the impacts.
Permanent Impacts (acres) Temporary
Wetland ID y. section. Y4 section Type Predominant L Wetland Roadway Trail and Impacts (acres)
(T116N, R23W) Vegetation Area (acres) Stormwater
W6 NW, NW 22 2/ Wet Mcadow Reed canary grass 0.34 0.34 0.0 0.0
W8 NW, NW 22 2/ Wet Meadow Reed canary grass 1.0 0.032"= 0.0 513 Sq. ft.
W9 NE, NW 22 3/ Shallow Marsh Typha sp. 2.9 0.20 0.0 0.13
WIO SW, NE 22 2/ Wet Mcadow Reed canary grass >20 0.62 0.39 0.58
Bluff Creek NE, SE 22 RIUB Reed canary grass >20 0.0 190 Sq. ft. 0.0
TOTAL 1.19 acres 0.39 acres 0.72 acres
IMPACTS BWSR Public Road County/City Restored to
Rcnlacemcnt MitiQ:stion Previous Conditions
Mitigation will occur through a variety of sources. The 1.19 acres of impact associated with the roadway
was found by the Technical Evaluation Panel to be eligible for BWSR Road Replacement and will be
mitigated through this program. The 0.39 acres of impact associated with trail construction and stormwater
improvements is not eligible for road replacement. Mitigation for these impacts will occur through the
restoration of 0.23 acres offresh wet meadow and the purchase of 0.65 acres of wetland credit from
account #1040. As this replacement will not be in kind and the 0.23 acres of restoration will be concurrent
with the impacts, the minimum replacement ratio is 2.25 to 1 (0.88 acres). The proposed mitigation meets
the minimum replacement required.
Notice of Decision. doc
- Page 1 of2
9/16/04
List of Addressees:
Landowner:
Bill Weckman, Assistant County Engineer
Carver County Highway Division
11360 Hwy 212 West, Suite #1
Cologne, MN 55322
Members of Technical Evaluation Panel:
Terrance Jeffery, Water Bill Monk, City Engineer Lynda Peterson Greg Gracyk Christina Carballa
Resources Coordinator City of Chaska BWSR Carver County SWCD US ACOE
City of Chanhassen I City Hall Plaza 520 Lafayette Road No. 219 East Frontage Road St. Paul District, Attn: OP-R
7700 Market Blvd., PO 147 Chaska, MN 55318 St. Paul, MN 55155 Waconia, MN 55387 190 Fifth Street East, Suite
Chanhassen, MN 55317 401
St. Paul, MN 55101-1638
Watershed District or Watershed Management Organization (If Applicable):
Carver County WMO
Attn: Paul Moline
Planning and Water Management
600 East 4th Street
Chaska, MN 55318
Department of Natural Resources Regional Office (select appropriate office):
NW Region: NE Region: Central Region: Southern Region:
Regional Director Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol.
2115 Birchmont Beach Rd. NE Div. Ecol. Services Div. Ecol. Services Div. Ecol. Services
Bemidji, MN 56601 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South
Grand Rapids, MN 55744 St. Paul, MN 55106 New VIm, MN 56073
DNR TEP Representative (if different than above)
Jack Gleason
Corp of Engineers Project Manager @
Department of the Army, Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638
Individual members ofthe public who requested a copy, summary only
Gayle Degler .
541 Pineview Court
Chanhassen, MN 55317-8697
You are hereby notified that the decision of the Local Government Unit on the above-referenced
application was made on the date stated above. A copy of the Local Government Unit's Findings and
Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced
by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30)
calendar days of the date of the mailing of this Notice.
NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking
credits is conditional upon withdrawal of the appropriate credits from the state wetland bank. No wetland
impacts may commence until the applicant receives a copy of the fully signed and executed "Application
for Withdrawal of Wetland Credits," signed by the BWSR wetland bank administrator certifying that the
wetland bank credits have been debited.
Notice of Decision. doc
- Page 2 of2
9/16/04
THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act. Additional approvals or
permits from local, state, and federal agencies may be required. Check with all appropriate authorities
before commencing work in or near wetlands.
LOCAL GOVERNMENT UNIT
Signature
Date
Name and Title
Notice of Decision. doc
- Page 3 of2
9/16/04
CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
May 8, 2008, 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 Public Hearing for
Lyman Boulevard Reconstruction Wetland Alteration Permit - Planning Case 2008-12 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.
Subscribed and sworn to
this ~ day of
,2008.
~I
. 'r.~~~ KIM T. MEUWISSEN
......'
~\ '''''/l Notary Public-Minnesota
t "..., '" My Comm",'" "P;~ J" 31. 20IC
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time: Tuesday, May 20, 2008 at 7:00 p.m. This hearing may not start until
later in the eveninq, dependinq on the order of the aqenda.
Location: City Hall Council Chambers, 7700 Market Blvd.
Proposal: Request for Wetland Alteration Permit for Phase I of the Lyman
Boulevard Reconstruction Project
Applicant: Carver CountY/City of Chanhassen
Property Various areas along Lyman Boulevard between Galpin
Location: Boulevard and Audubon Road North
A location maD is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
What Happens public hearing through the following steps:
at the Meeting: 1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the proiect.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.cLchanhassen.mn.us/serv/plan/08-12.html. If you wish to
talk to someone about this project, please contact Terry
Questions & Jeffery by email at tiefferv@cLchanhassen.mn.us or by phone
Comments: at 952-227-1168. If you choose to submit written comments, it
is helpful to have one copy to the department in advance of
the meeting. Staff will provide copies to the Commission.
The staff report for this item will be available online on
the project web site listed above the Thursday prior to the
Planning Commission meeting.
City Review Procedure:
. Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the sUbject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
. Staff prepares a report on the sUbject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the pUblic to speak about the proposal as a part of
the hearing process. The Commission will close the pUblic hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commerciallindustrial.
. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
. Because the Planning Commission holds the publiC hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
somethinq to be included in the report, please contact the Planninq Staff person named on the notification.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time: Tuesday, May 20, 2008 at 7:00 p.m. This hearing may not start until
later in the evenin ,de endin on the order of the a enda.
Location: Cit Hall Council Chambers, 7700 Market Blvd.
Proposal: Request for Wetland Alteration Permit for Phase I of the Lyman
Boulevard Reconstruction Pro'ect
A Iicant: Carver Count /Cit of Chanhassen
Property Various areas along Lyman Boulevard between Galpin
Location: Boulevard and Audubon Road North
A location ma Is on the reverse sIde of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
What Happens public hearing through the following steps:
at the Meeting: 1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the ro'ect.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.cLchanhassen.mn.us/serv/plan/08-12.html. If you wish to
talk to someone about this project, please contact Terry
Questions & Jeffery by email at tiefferv@cLchanhassen.mn.us or by phone
Comments: at 952-227-1168. If you choose to submit written comments, it
is helpful to have one copy to the department in advance of
the meeting. Staff will provide copies to the Commission.
The staff report for this item will be available online on
the project web site listed above the Thursday prior to the
Plannin Commission meetin .
City Review Procedure:
. Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
. Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the publiC hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commerciallindustrial.
. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
. Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
somethin to be included in the re ort, lease contact the Plannin Staff erson named on the notification.
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation of records, information and data located in various city, county, state and federal
offices and other sources regarding the area shown, and is to be used for reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out of the use~s access or use of
data provided.
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation of records, information and data located in various city, county, state and federal
offices and other sources regarding the area shown, and is to be used for reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1 107.
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out of the use~s access or use of
data provided.
CHASKA CITY
1 CITY HALL PLAZA
CHASKA, MN 55318-1962
JC INVESTMENTS OF CHASKA LLC
1405 WEST FARM RD
CHASKA, MN 55318-9517
DARYL W & CATHERINE M HARTSEL
1851 SUNRIDGE CT
CHANHASSEN, MN 55317-9663
VOLK-MINGER PROPERTIES LLC
2218 LUKEWOOD DR
CHANHASSEN, MN 55317-8425
DANIEL J & NANCY R LYNCH
2255 BOULDER RD
CHANHASSEN, MN 55317-7400
JEFFREY L & GAYLE D SMITH
2279 BOULDER RD
CHANHASSEN, MN 55317-7400
BRIAN T & SONYA A BENKSTEIN
2292 BOULDER RD
CHANHASS.EN, MN 55317-7400
MATTHEW & ROBIN WARDEN
2308 BOULDER RD
CHANHASSEN, MN 55317-7401
DOUGLAS G & SARAH P HIPSKIND
2317 BOULDER RD
CHANHASSEN, MN 55317-7401
DOUGLAS VERNON JOHNSON
2322 BOULDER RD
CHANHASSEN, MN 55317-7401
IND SCHOOL DIST 112
11 PEAVEY RD
CHASKA, MN 55318-2321
MERLE & JANE VOLK
180 WASHINGTON VALLEY RD ATTN:
NETWORK R
BEDMINSTER, NJ 07921-2120
DANIEL K & ROBIN L EDMUNDS
1861 SUNRIDGE CT
CHANHASSEN, MN 55317-9663
MP DEVELOPMENT LLC
2218 LUKEWOOD DR
CHANHASSEN, MN 55317-8425
EDWARD E & ELLEN L RAWSON
2266 BOULDER RD
CHANHASSEN, MN 55317-7400
MICHAEL D & BETTY WRIGHT
2280 BOULDER RD
CHANHASSEN, MN 55317-7400
SCOTT T & NICOLE M BRUSH
2301 BOULDER RD
CHANHASSEN, MN 55317-7401
GERHARD & HELENE A SCHOCK
2309 BOULDER RD
CHANHASSEN, MN 55317-7401
JAMES M & JENNIFER D
LARRANAGA
2318 BOULDER RD
CHANHASSEN, MN 55317-7401
KELLY K MORLOCK &
2325 BOULDER RD
CHANHASSEN, MN 55317-7401
K&V LEASING LLC
118 PEAVEY CrR
CHASKA, MN 55318-2347
CHRIS B & LESLIE J ERICKSON
1831 SUNRIDGE CT
CHANHASSEN, MN 55317-9663
DELORIS B HOLASEK TRUST
2015 STAHLKE WAY
CHASKA, MN 55318-3239
RAYMOND E & LORRAINE K
RUNYAN
2243 BOULDER RD
CHANHASSEN, MN 55317-7400
SCOTT A HANSON &
2267 BOULDER RD
CHANHASSEN, MN 55317-7400
JEFFREY P & SARAH L WENDORF
2291 BOULDER RD
CHANHASSEN, MN 55317-7400
MICHAEL & JACQUELINE R MROSKO
2305 BOULDER RD
CHANHASSEN, MN 55317-7401
RORY D & AMY J LEA
2313 BOULDER RD
CHANHASSEN, MN 55317-7401
CHARLENE A STENDER
2321 BOULDER RD
CHANHASSEN, MN 55317-7401
JEFFREY J & KARLA M ALTHOFF
2326 BOULDER RD
CHANHASSEN, MN 55317-7401
JOEL E & HEIDI M LEHRKE
2329 BOULDER RD
CHANHASSEN, MN 55317-7401
NANCY L WHA YLEN &
2334 BOULDER RD
CHANHASSEN, MN 55317-7401
JOHN D & JODEE A MURPHY
2360 STONE CREEK DR
CHANHASSEN, MN 55317-7403
JOSHUA T KRIENKE &
2375 STONE CREEK DR
CHANHASSEN, MN 55317-7403
LAKE REGION MFG CO INC
340 LAKE HAZELTINE DR
CHASKA, MN 55318-1034
CONSOLIDATED GRAPHICS PROP II
3903 BELLAIRE BLVD
HOUSTON, TX 77025-1119
THE RYLAND GROUP INC
7599 ANAGRAM DR
EDEN PRAIRIE, MN 55344-7399
STEPJEN J & MARY P MONSON
8850 AUDUBON RD
CHANHASSEN, MN 55317-9407
TIMOTHY C BOYCE &
8941 AUDUBON RD
CHANHASSEN, MN 55317-8412
ERIC S THESHIP-ROSALES &
9201 AUDUBON RD
CHANHASSEN, MN 55317-9412
DAVID D & KATHLEEN A THORP
2330 BOULDER RD
CHANHASSEN, MN 55317-7401
RODDYY & LAURIE L W ZIVKOVICH
2337 BOULDER RD
CHANHASSEN, MN 55317-7401
THOMAS V & BEVERLY L ANTILLEY
2361 STONE CREEK DR
CHANHASSEN, MN 55317-7403
TWIN CITIES & WESTERN RAILROAD
2925 12TH ST E
GLENCOE, MN 55336-3368
D M HEAD LP
3410 WINNETKA AVE N
NEW HOPE, MN 55427-2090
VICORP RESTAURANTS INC
400 48TH AVE W
DENVER, CO 80216-1806
CARLSTON COMMERCIAL RE LLC
8150 DREXEL CT
EDEN PRAIRIE, MN 55347-2189
RONALD W & CAROL M ENTINGER
8851 AUDUBON RD
CHANHASSEN, MN 55317-9407
BARRY L & SUZANNE L L1BENGOOD
8950 AUDUBON RD
CHANHASSEN, MN 55317-8412
GEORGE & CONSTANCE ST MARTIN
9231 AUDUBON RD
CHANHASSEN, MN 55317-9412
DANIEL J & PAMELA J CULHANE
2333 BOULDER RD
CHANHASSEN, MN 55317-7401
JOHN F & LAURIE SULLIVAN
2346 STONE CREEK DR
CHANHASSEN, MN 55317-7403
MARK ALLEN SUNDQUIST
2374 STONE CREEK DR
CHANHASSEN, MN 55317-7403
WILLIAM H & LORRETT A
MAGNUSON
3345 EAGLE BLUFF DR
MOUND, MN 55364-8596
ROLAND A STINSKI
3647 MCKINLEY ST NE
MINNEAPOLIS, MN 55418-1599
ALOTA PROPERTIES LLC
4035 NOREX DR
CHASKA, MN 55318-3043
CHAN WEST II LLP
8156 MALLORY CT
CHANHASSEN, MN 55317-8586
DENNIS & RUTH CHADDERDON
8900 AUDUBON RD
CHANHASSEN, MN 55317-8412
DEAN & LOIS DEGLER
9111 AUDUBON RD
CHANHASSEN, MN 55317-9412
TAUNTON VENTURES LP &
9980 DEERBROOK DR
CHANHASSEN, MN 55317-8551
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MAY 20, 2008
Chairman Papke called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Debbie Larson, Denny Laufenburger, Dan Keefe, Kurt Papke, and
Kevin Dillon
MEMBERS ABSENT: Mark Undestad and Kathleen Thomas
STAFF PRESENT: Bob Generous, Senior Planner; Terry Jeffrey, Water Resources
Coordinator; and Joe Shamla, Project Engineer
PUBLIC HEARING:
LYMAN BOULEVARD: REQUEST FOR WETLAND AL TERA TION PERMIT FOR
PHASE I OF THE LYMAN BOULEVARD RECONSTRUCTION PROJECT LOCATED
BETWEEN GALPIN BOULEVARD AND AUDUBON ROAD. APPLICANT: CARVER
COUNTY/CITY OF CHANHASSEN. PLANNING CASE 08-12.
Terry Jeffrey presented the staff report on this item.
Papke: Kevin, start with you.
Dillon: Well thank you for the very good explanation there. So it seemed like that you had to
work with a lot of different agencies and so are all up and down the line, are all the different
government bodies and other agencies in alignment that this is the right thing to do and have all
their questions been answered?
Jeffrey: Yes, that is correct. That is the reason for the Technical Evaluation Panel. We bring
everybody together so that this, for instance some of the DNR issues will be way different than
what would be the WCA or the Wetland Conservation Act issues. So yes, the Army Corps of
Engineers will issue a permit. They have not to this point but I've had conversations with
Christina Carballa who is the representative for the Corps for this county and the DNR has issued
their permit. Chaska has reviewed it and commented on it, even though they are waiving their
authority and they are comfortable with the decision at this time. And BWSR as well. Because
they're the ones that ultimately have to approve use of the BWSR road bank for it and they are
fine with that.
Dillon: What's BWSR an acronym for?
Jeffrey: I'm sorry. Board of Water and Soil Resources. My apologies. I tend to do that. Please
feel free to ask me.
Dillon: And while I'm on the subject. What's CASH an acronym for?
Planning Commission Meeting - May 20, 2008
Jeffery: Oh, County State Aid Highway.
Dillon: Okay. Those are all my questions.
Keefe: Two questions. Can you just repeat what the timing is for each of these separate events.
So with BWSR replacement, that's why you just, it's kind of an immediate, I mean how does
that? We lose our wetland. It goes into the BWSR. At what point do they actually do their
mitigation? Is there a timing aspect around that piece?
Jeffrey: Chairman Papke, Commissioner Keefe. Yeah, at this time, depending on, I don't want
to say carte blanche that they already have it established everywhere, but the general practice is
that BWSR already has, the Board of Water and Soil Resources already has credits available.
Wetlands that have been credited and or restored specifically for this purpose. So those already
exist, and then we ill just debit from that account down to some point.
Keefe: Alright. So that's essentially an immediate trans, it's already been done in a sense, right?
Jeffrey: Correct. Correct.
Keefe: And then the temporary needs to be restored within?
Jeffrey: They have 6 months from the time of impact. From the time that they actually begin the
work in that area. Typically they will be able to get it done in that 6 months.
Keefe: That's 6 month from the time from the completion of the road or from the?
Jeffrey: No, from the time they actually go in and disturb that wetland.
Keefe: Okay.
Jeffrey: I don't know Joe, have you seen the plan as to how long they plan on surcharging for it?
That's the only place where they might have an issue because there might be some surcharge
areas that are greater than 6 months.
Shamla: No, I've not...
Jeffrey: So if in the event that does happen, it's encumbent upon them to come to the LG and
say look, we will not be able to restore this within that 6 months and then request an extension to
that, yeah.
Keefe: Okay. You know one other thing in the report was, you know it looks like the wetland
permit needs to follow the conditional use permit guidelines. It looks like there was some
reference to that in the report. Can you give us some more clarification on that and then how do
we kind of think of it if, you know do we need to sort of stack this? I presume you would sort of
stack it up against the conditional use permit. I didn't see anything that.
2
Planning Commission Meeting - May 20, 2008
Jeffrey: Right. I think what you're referring to, and I'll be perfectly honest, the boardwalk itself
is guided by conditional use?
Generous: Well the process for reviewing wetland alteration permits is guided by, it follows the
same procedures as a conditional use permit and so we have to make the findings under that.
There's 12 conditions that we look at and see how it complies with those. Generally under CUP
they have standards but in the city's ordinance we have the wetland protection ordinance which
was really the standards that we have to follow so the sequencing and mitigation requirements
are basically the standards that we comply with.
Keefe: Okay so for us to you know approve it, I mean do we then need to see the sort of the 12
steps and kind of how the city views 12 steps if that's the standard that we're supposed to
measure up against? I mean you know it was on page 1 of the Findings of Fact. Just says
wetland alteration follows the conditional use permit criteria but you know a lot of times we'll
see this kind of stuff that yes, it meets this. Yes, it meets that. You know particularly when
we're looking at like a variance.
Generous: Right and these, under 3 on the Findings of Fact and recommendation, 3(a) through
(1) are the actual findings there.
Keefe: Okay. Alright. So what you're saying is that this essentially will meet each one of these
and that, okay.
Generous: Yes. At least in mitigation.
Keefe: Okay, fair enough. That's all I have.
Laufenburger: First of all Mr. Jeffrey I appreciate you taking time to explain this notion about
the wetland bank credits and stuff. That's, I think it's important to understanding that I have a
much better feel for it now. As you look at this project, what's the risk for the City of
Chanhassen?
Jeffrey: I honestly do not, I mean with the exception of the out fall at Bluff Creek, which I will
watch carefully.
Laufenburger: Potential erosion?
Jeffrey: Yeah, potential erosion there. If it were not for the fact that they were putting in the
storm water infrastructure where we'll actually have a net increase in storage, and that's one of
our biggest issues that we're dealing with in Bluff Creek is we have all of this volume of water
that's going there without being abated anywhere, but because of the storm water infrastructure
that's going in, actually it will improve conditions draining to Bluff Creek in many ways, so I do
not see any great risks involved with this, but again whenever you have any construction project,
it will change existing conditions from what are there, there's always the possibility of
unforeseen happenings, but I think the plan has been designed very well and the review has been
quite thorough. We've had other agencies reviewing it and they're comfortable with that.
3
Planning Commission Meeting - May 20, 2008
Laufenburger: And who is the, who is responsible for the monitoring to ensure that everything
follows according to plan? Is that your responsibility?
Jeffrey: I am responsible to, we do it a number of ways. In this case SRF, who is the consultant
for the county, will monitor that twice a year and provide an annual report. I will review their
findings. Whether I concur with it or not. If after a 5 year time period we found that it is not
satisfactorily meeting wetland conditions, they would be required then to either fix that area and
make changes to meet that, or they would be required to find new compensatory mitigation
elsewhere. Regarding the rest of the project, there will be construction observers on site. I
would again assume it's going to be SRF and the county themselves. I would assume we'll have
some down there but it's not our project so.
Shamla: The City typically has people watch utilities go in. The city utilities. We'll have
somebody there from Kimley-Hom who will watch out for the, they'll watch for the erosion and
such.
Jeffrey: And in addition to that, Chip Hentges who's with the Carver County Soil and Water
Conservation District, tends to do all our erosion control inspections in this town and assures
compliance with the National Pollution Discharge Elimination System permitting program for
small site constructions, which this would fall under so there will be quite a bit of monitoring.
Laufenburger: Thank you. That's my questions.
Papke: Questions?
Larson: I think pretty much everybody's covered everything I had asked. I guess the only thing
I'd have is so when is the potential start date and finish date to have all this complete? Or should
I say wish list as far as.
Jeffrey: Last I had heard, they had wanted to be starting this project in May. That's quickly
passing. I have not heard a finish date though. I don't know if you had Joe.
Shamla: I have not.
Jeffrey: Yeah, I had not at this time.
Larson: Well I'm just thinking in terms of traffic impact. What that will have.
Jeffrey: Yeah, I can check with Paul Oehme, City Engineer. I know he's, he would have that
information. Get that for the commission. I do know that we're not going to be driving down it
much this year.
Larson: Okay.
Jeffrey: If I may Chair Papke.
4
Planning Commission Meeting - May 20, 2008
Papke: Sure.
Jeffrey: One thing I would like to point out, in my conditions of approval, item 3, which is on
page 5 of 5. Item 3 reads, the applicant shall amend Appendix C, Vegetation Management Plan
and Proposed Seed Mixes to clearly state performance standards for the establishment of
vegetation in the restoration areas. Barbara Walter from SRF provided that information for me
today and it was satisfactory to meet that condition so just wanted to make you aware of that.
Papke: Okay, great. Thanks for the very complete report. You proactively answered most of
my questions. The only one I have left is, I always try to be conscious of the city creating new
maintenance overhead for itself. In this particular case we're construction a boardwalk, which
those of us that have a deck on our home know that there's periodic maintenance for that
required. I'mjust wondering if there was any kind of a cost analysis. What's it going to cost to
build this and maintain it over the long run? Did we chose the least cost alternative here? Can
you make any comment on the economics of the boardwalk.
Jeffrey: Unfortunately I have to say that I can't at this time. I have had conversations with Todd
Hoffman and he did feel that it was durable enough to handle plowing in the winter. He felt, it
was my understanding that the materials would not be what a traditional deck is. It would not
require power washing.
Papke: Wood construction or what?
Jeffrey: The only wood construction would be the pier itself. I believe it's a synthetic material
that would be the decking, but again I can certainly talk to Todd Hoffman and get those answers
for you.
Papke: Very good. Alright. With that is there anyone here representing the applicant? From
Carver County or.
Jeffrey: Yeah, I'll be representing the applicant.
Papke: Okay. Hearing that I close the public hearing and bring it back to the commissioners.
Does anybody have any discussion or comments they want to make before.
Dillon: Don't we need to hear public comment?
Papke: Oh, I'm sorry. I completely skipped over public comment. Rookie commissioner.
Anybody from the public want to comment on this? I didn't assume so but take that chance.
Okay. A little quick on the draw. Any other comments from the commissioners. Otherwise I'll
entertain a motion.
Keefe: I'll make a motion. Planning Commission recommends approval of Wetland Alteration
Permit #2008-12 for the reconstruction of CSAH 18 (Lyman Boulevard) and appurtenant
facilities with the following conditions, 1 through 4.
5
Planning Commission Meeting - May 20, 2008
Papke: Is there a second?
Dillon: I'll second.
Keefe moved, Dillon seconded that the Planning Commission recommends approval of
Wetland Alteration Permit #2008-12 for the reconstruction of CSAH 18 (Lyman
Boulevard) and appurtenant facilities with the following conditions:
1. The applicant shall submit the Application for Withdrawal of Wetland Credits from the
Minnesota Wetland Bank to the BWSR Wetland Bank Administrator and no impacts to
wetland shall occur prior to the local authorities, the account holder and the user of the
credits having received a letter of approval from the Wetland Bank Administrator stating
that these credits have been debited.
2. The boardwalk shall be installed across the wetland as a permanent structure.
3. The applicant shall amend Appendix C, "Vegetation Management Plan and Proposed
Seed Mixes" to clearly state performance standards for the establishment of vegetation in
the restoration areas.
4. All temporary impacts shall be restored to their pre-construction condition within six
months of the activity which results in the wetland impact.
All voted in favor and the motion carried unanimously with a vote of 5 to O.
6
March 17, 2008
Mr. Terrance Jeffreys
City of Chanhassen
Box 147
7700 Market Boulevard
Chanhassen, Mn. 55317
Dear Terry,
Chaska
As we discussed, the wetland impacts in Chaska related to Carver County's Lyman
Boulevard Project (No. 92-02-149 CSAH18) are relatively minor. With the majority of
impact and replacement ar in Chanhassen, Chaska is remanding its decision authority
to Chanhassen on this oject. I Please let me know if you have any questions as the
wetland process pro eds.
Sincerely,
William Monk
City Engineer
WM:ms
Cc: John Smyth - Bonestroo
Bill \.^Jeckman - Carver County Public Works
Brad Wozney - BWSR
Greg Graczyk - Carver SWCD
Paul Moline - Carver County Watershed
Michael North - DNR
Jack Gleason - DNR
Christina Carballal - Army Corps of Engineers
Barbara Walther - SRF
CITY OF CHJ,NHi\SSEN
rR1~~~D~7lli!))
MAR 1 8 Z008
ENGINEERING DEPT,
City Of CD1aska Minnesota One City Hall Plaza 55318-1962 Phone 952/448-9200 Fax 952/448-9300
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
WETLAND ALTERATION PERMIT #2008-12
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants a wetland alteration permit to allow for 1.58 acres of permanent wetland impacts
and 0.72 acres of temporary wetland impacts.
2. Property. The permit is for property situated in the Cities of Chanhassen and Chaska,
Carver County, Minnesota, described as follows:
C.S.A.H. 18 (a.k.a. Lyman Boulevard) from Galpin Boulevard to Audubon Road.
3. Conditions. The Wetland Alteration Permit was approved as shown on the plans dated
received April 9, 2002 and subject to the following conditions:
a. The applicant shall submit the Application for Withdrawal of Wetland Credits From
the Minnesota Wetland Bank to the BWSR Wetland Bank Administrator and no
impacts to wetland shall occur prior to the local authorities, the account holder and
the user of the credits having received a letter of approval from the Wetland Bank
Administrator stating that these credits have been debited.
b. The boardwalk shall be installed across the wetland as a permanent structure.
c. The applicant shall amend Appendix C "Vegetation Management Plan and Proposed
Seed Mixes" to clearly state performance standards for the establishment of
vegetation in the restoration areas.
d. All temporary impacts shall be restored to their pre-construction condition within six
months of the activity which results in the wetland impact"
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: May 27, 2008
CITY OF CHANHASSEN
By:
Thomas A. Furlong, Mayor
SEAL
By:
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
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.
Notary Public
DRAFfED BY:
City ofChanhassen
690 City Center Drive
Chanhassen. MN 55317
(952))227-1100
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