Wetland Conservation Act/Section 404 Wetland Replacement Plan
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Wetland Conservation Act I Section 404
Wetland Replacement Plan
lakeside
Chanhassen, Minnesota
City of Chanhassen
Lori Haak
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
Local Governmental Unit:
Mark Wilson
Riley Purgatory/Bluff Creek Watershed District
4700 W77th Street
Minneapolis, Minnesota 55435
Project Proposer:
Sienna Corporation
4940 Viking Drive, Suite 608
Edina, Minnesota 55435-5318
Consultant to Project Proposer:
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Pioneer Engineering, P .A.
210 85th Ave. N.W.
Coon Rapids, Minnesota 55433
it 2 3 2007
E:Ne;IN€ERING DE'"
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Wetland Permit Application
NA-026620-03B
(V.2.02 for MS WORD) 10/29/04
Minnesota Local/State/Federal Application Forms for WaterlWetland Projects
USE THIS APPLICATION FOR ANY PROJECT AFFECTING A LAKE, RIVER, STREAM OR WETLAND,
INCLUDING:
Local Government Unit Approval Pursuant to Minnesota Wetlands Conservation Act (WCA)
Minnesota Department of Natural Resources (DNR) Permit to Work in Public Waters
Department of the Army Permit (33 CFR 325)
Note: The U.S. Army Corps of Engineers (COE) will forward application forms to the Minnesota Pollution Control Agency (MPCA) for
processing if state water quality certification is required from the MPCA. You do not need to send this application to the MPCA.
This application packet includes:
Part I: The BASIC APPLICATION and the COE APPLICATION to be filled out by all applicants (see Instructions).
PART II: The REPLACEMENT PLAN SUPPLEMENT to be completed only for projects that impact wetlands and require a
replacement plan for wetland mitigation. If you're not sure whether your project requires a replacement plan, call your Local
Government Unit (LGU) or Soil and Water Conservation District (SWCD) office for guidance.
Do not proceed with your project until you have received all required approvals from your LGU, the DNR and the COE. If you wish to confirm
the status of your application at any time, contact the agencies directly (see Instructions, page 2). Proceeding with work before all required
authorizations are obtained may result in fines or other penalties, and may include a requirement to restore the project site to original
condition.
If you have questions or need assistance with filling out these forms, contact your local SWCD office, your LGU, your Area DNR Waters office,
or your COE field office (see Instructions, page 2).
If you believe that your project may be subject to watershed district, local zoning, or any other local regulations besides those of your LGU,
contact those office(s) directly. If you are a Federal Farm Program participant and your project affects a wetland or water body on agricultural
land, your eligibility for USDA benefits may be affected. Contact a Natural Resources Conservation Service office for further information.
A QUICK LOOK AT THE PROJECT APPLICATION PROCESS
Electronic files: Forms can be downloaded and filled out using Microsoft Word. Your input will be restricted to fill-in fields where users can enter text or check
boxes. These areas appear gray on the screen, but not on the printed document.
Send copies of these completed application forms to your LGU, your Area DNR Waters office, and your COE regulatory office.
Any of the agencies may make initial contact with you to: a) inform you that it has no jurisdiction over your project; b) request additional information needed; or
c) inform you of applicable fees.
When your application is considered complete and appropriate fees have been received (if requested) it will be distributed for appropriate review.
Following agencies' reviews, you will be informed if it has been approved, approved with changes or conditions, withdrawn, or denied.
For information about state laws, rules and regulations that direct this process go to the web site www.revisor.Ieg.state.mn.us. For information on U.S. Army Corps
of Engineers regulations go to the web site www.mvp.usace.army.mil.
Instructions for Part I
HELP 1: Every applicant must fill out Section 1. The applicant is the person, agency, company, corporation, or other organization that owns,
leases, or holds other legal rights to the land where the project is located. Indicate names of multiple applicants on a separate sheet.
HELP lA: Fill out Section lA only if you have designated an authorized agent. An authorized agent may be an attorney, builder, consultant,
contractor, engineer, or any other person or organization designated by the applicant to represent him/her in this process. An agent is not required.
HELP 5: Purpose, description and dimensions of project: State briefly (in a sentence or two) what you propose to do and why it is needed.
Also, describe whether your project will involve any of the following:
Construction of structures, filling, draining, dewatering, removing, excavating or repair.
Construction of an access path, bridge, culvert, dam, ditch, dock, driveway, riprap, road, sand blanket, shore protection, or tile line.
Construction of any structures on fill, piles or a float-supported platform. If so, describe.
Dredging or discharging (placing fill material) into a wetland or other water body (including the temporary placement of material). If so,
explain the specific purpose of the placement of the material (such as erosion control) and indicate how it will be done (such as with a
backhoe or dragline). If dredged material is to be discharged on an upland site, identify the location of the site.
Minnesota LocaI/State/Federal Application Forms for Water/Wetland Projects
Instructions, Page 1
Include an overhead view drawing showing the work to be undertaken and its relative location on the property. Show items such as
property boundaries or lot dimensions; location and extent of shoreline, wetlands and water; location and dimensions and footprint of the
proposed project, structure or activity (include length, width, elevation and other measurements as appropriate); points of reference such as
existing homes, structures, docks or landscape features; indication of north; and location of spoil and disposal sites (if applicable). Hand drawn,
computer generated or professionally prepared drawings are acceptable, as long as they contain all necessary information clearly, accurately,
and in adequate detail. Please include specific dimensions whenever possible. You may also include photos, if you wish.
HELP 7: For information regarding adjacent landowners, contact the tax assessor where the project is to be developed.
HELP 8: If any part of the work has already been completed, describe the area already developed. Include a description of structures
completed; any dredged or fill material already discharged (including type of material and volume in cubic yards); acres or square feet filled (if
a wetland or other waterbody); and whether the work was done under an existing permit (if so identifY the authorization, if possible).
HELP 9: Other permits, reviews or approval related to the project may include the following: conditional use permit; plat approval;
zoning variance; National Pollutant Discharge Elimination System permit; state disposal system permit (includes dredged material disposal);
watershed district/watershed management organization permit (stormwater, erosion, floodplain); environmental assessment
worksheet/environmental impact statement; hazardous waste site; feedlot permit; groundwater appropriation permit; or county/township
driveway/road permit. Are you aware of any archeological or cultural resource determinations or surveys completed concerning the project or
replacement site by the State Historic Preservation Office (SHPO) or others? If yes, please explain on a separate sheet or attach a copy of any
determinations or surveys.
Final Checklists (Pari I)
[gI Have you completed an of Part I (Page 1), plus the Federal application (Page 2)?
D Did you (and your agent, if applicable) sign Section 10 on page I?
D Have you signed the Application for the Department ofthe Army Permit (Page 2) to seek Federal authorization of your project?
D Have you included the necessary attachments for Part I?
Attachments must include:
~ Site Locator Map (Section 3)
~ Type of Project (Section 4) (if additional space was needed)
~ Overhead View of Project (Section 5 and HELP 5)
~ Project Purpose, Description and Dimensions (Section 5) (if additional space was needed)
Attachments may also include:
D Applicant Contact Information (HELP 1) (if additional space was needed)
D Project Location (Section 3) (if additional space was needed)
D Project Alternatives (Section 6) (if additional space was needed)
D Photographs
D Adjoining Property Owners (Section 7) (if additional space was needed)
D Work Already Completed Section (Section 8) (if you answered YES)
D State Historic Preservation Office determination or survey
Submitting Your Application
Make three copies of the entire application and all attachments. Keep the original, and mail a complete copy of your application to each ofthe
local, state, and Federal entities listed below. Be sure to include Part I and all attachments with each application.
LOCAL: Send to the appropriate Local Government Unit (LGU). Ifnecessary, contact your county Soil and Water Conservation District (SWCD)
office or visit the Board of Water and Soil Resources (BWSR) web site (www.bwsr.state.rnn.us)todeterminetheappropriateLGU.
STATE: Send to your Area DNR Waters office, attention Area Hydrologist. Ifnecessary, contact your county Soil and Water Conservation District
(SWCD) office or visit the DNR website (www.dnr.state.rnn.us) to locate the Area Hydrologist for your location, or contact a Regional DNR office:
NW Region: NE Region: Central Region: Southern Region:
2115 Birchmont Beach Road N.E. 1201 East Highway 2 1200 Warner Road 261 Highway 15 South
Bemidji, MN 56601 Grand Rapids, MN 55744 St. Paul, MN 55106 New UIm, MN 56073
Phone: 218-755-3973 Phone: 218-327-4416 Phone: 651-772-7910 Phone: 507359-6053
FEDERAL: Send to the appropriate U.S. Army Corps of Engineers regulatory field office:
Brainerd:
U.S. COE, Regulatory Branch
10867 E. Gull Lake Drive N. W.
Brainerd, MN 56401-9051
Phone: 218-829-8402
St. Paul:
U.S. COE, Regulatory Branch
Army Corps of Engineers Centre
190 5th Street East
St. Paul, MN 55101-9051
Phone: 651-290-5375
La Crescent:
U.S. COE, Regulatory Branch
1114 South Oak Street
La Crescent, MN 55947-1338
Phone: 507-895-8059
Two Harbors:
U.S. COE, Regulatory Branch
1554 Highway 2, Suite 2
Two Harbors, MN 55161
Phone: 218-834-6630
WEB SITES: BWSR: www.bwsr.state.mn.us u.s. ACOE: www.mvp.usace.army.mil DNR: WWW.dnr.state.mn.us MPCA: www.pca.state.mn.us
Minnesota LocallStatelFederal Application Forms for WaterIWetland Projects
Instructions, Page 2
NA-026620-03B (V.2.02 for MS WORD) 10/29/04
Minnesota Local/State/Federal A lication Form for WaterlWetland Pro"ects
For Internal Use Only
A lication No. Field Office Code Date Initial A lication Received Date initial A
PART I: BASIC APPLICATION
"See HELP" directs you to important additional information and assistance in Instructions, Page 1.
1. LANDOWNER/APPLICANT CONTACT INFORMATION (See Help 1)
Name: Sienna Corporation Phone: (952) 835-2808
Complete mailing address: 4940 Viking Drive, STE 608, Edina, Minnesota 55435-5318
lA. AUTHORIZED AGENT (See Help 1A) (Only if applicable; an agent is not required)
Name: Pioneer Engineering, PA Phone: 651-251-0639
Complete mailing address: 2422 Enterprise Drive, Mendota Heights, Minnesota 55120
2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed)
Name or LD. # of Waters Impacted (if applicable; ifknown):
(Check all that apply): DLake DRiver ~Wetland type D 1 D 1L D 2 ~ 3 04 D 5 D 6 D 7 0 8
Indicate size of entire lake or wetland (check one): ~ Less than 10 acres (indicate size: ) D 10 to 40 acres D Greater than 40 acres
3. PROJECT LOCATION (Information can befound onproperty tax statement, property title or title insurance):
Project street address: Lake Riley Dr. Fire #: City (if applicable): Chanhassen
If. Section: NE Section: 24 Township #: 116N Range #: 23W County: Carver
Lot #: Block: Subdivision: Lakeside Watershed (name or #) Minnesota River #33
Attach a simple site locator map. If needed, include on the map written directions to the site from a known location or landmark, and
provide distances from known locations. Label the sheet SITE LOCATOR MAP.
4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed.
See narrative
5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to
construct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project. This is the
most important part of your application. See HELP 5 before completing this section; see What To Include on Plans (Instructions,
page 1). Attach PROJECT DESCRIPTION sheet.
See narrative
Footprint of proj ect: 0.02 acres or 767 square feet drained, filled or excavated.
6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts
to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (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. Attach
PROJECT ALTERNATIVES sheet if needed.
See narrative
7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands, list the complete
mailing addresses of adjacent property owners on an attached separate sheet. (See HELP 7)
8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? 0 Yes ~No. If
yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8)
9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or
have already been approved or denied on a separate attached sheet. See HELP 9.
10. 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 Part I 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.
Signature of applicant (Landowner)
Date
Signature of agent (if applicable)
Date
This block must be signed by the person who desires to undertake the proposed activity and has the necessary property rights to do so. If only the Agent has signed,
please attach a separate sheet signed by the landowner, giving necessary authorization to the Agent.
Minnesota LocallStatelFederal Application Forms for Water/Wetland Projects
Page 1
APPLICA nON FOR DEPARTMENT OF THE ARMY PERMIT (33 em 325) OMB APPROVAL NO. 0710-003 Expires Dec 31, 2004
The public burden for this collection of ioformation is estimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes
the time for reviewing iostructions, searchiog existing data sources, gathering and maintainiog the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, ioc1uding suggestions for reduciog this burden, to Department of Defense, Washiogton
Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management
and Budget, Paperwork Reduction Project (0710-0003), Washiogton, DC 20503. Respondents should be aware that notwithstanding any other provision ofIaw, no person shall be
subject to any penalty for failiog to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to
either of these addresses. Completed applications must be submitted to the District engineer haviogjurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT: Authorities: Rivers and Harbors Act, Section 10,33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal purpose: Information provided on this form will be used in evaluating the application for a permit. Routine uses: This
ioformation may be shared with the Department of Justice and other Federal, state, and local government agencies. Submission of requested ioformation is voluntary; however, if
information is not provided, the permit application cannot be evaluated nor can a permit be issued.
ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETED
YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS.
All applicants must complete non-shaded items 5 and 26. If an agent is used, also complete items 8 and 11. This optional Federal form is valid
for use onl when included as art of this entire state a lication acket.
5. APPLICANT'S NAME
Sienna Corporation
8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
Anna Brenes, Wetland Specialist
11. STATEMENT OF AUTHORIZATION (if applicable; complete only if authorizing an agent)
I hereby authorize Anna Brenes, Pioneer Engineering to act on my behalf as my agent in the processing of this application and
to furnish, upon request, supplemental information in support of this permit application.
26. Application is hereby made for a permit or permits 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 possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the applicant.
Signature of applicant Date Signature of agent (if any) Date
The application must 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 II has been ftlled out and signed. 18 U.S.c. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any
department or agency of the United States knowingly and willfully falsifies, conceals, or covers up with any trick, scheme, or disguises a material fact or
makes any 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 $10,000 or imprisoned not more than five years or both.
ENG FORM 4345, Ju197 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
Minnesota Local/StatelFederal Application Forms for WaterIWetland Projects
Page 2
FOR LGU USE ONLY:
Determination for Part 1:
D No WCA Jurisdiction
D Exempt: No. _ (per MN Rule 8420.0122)
D No Loss: _ (A,B,. . .G, per MN Rule 8420.0220)
D Replacement required - applicant must complete Part II
COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT IS NOT REOUlRED:
Application is (check one): D Approved DApproved with conditions (conditions attached)
D Denied
Comments/Findings:
LGU official signature
Date
Name and Title
For Agricultural and Drainage exemptions (MN Rule 8420.0122 Subps. 1 and 2B), LGU has received proof of recording of restrictions
(per MN Rule 8420.0115):
County where recorded
Date
Document # assigned by recorder
LGU official signature
Date
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 3
Instructions For Part II
Complete those portions of Part II: Replacement Plan Supplement for which information is readily available (such as location, existing land use, size
of impact area, etc.) A person certified in wetland delineation must determine items pertaining to specific wetland impacts (wetland type,
predominant vegetation, watershed name, etc.) Contact the local soil and water conservation district (SWCD) office for further information on
obtaining such items.
What to Include on Plans
Detailed overhead views of replacement site( s) (Part II), as well as profile view( s) of replacement site( s) (Part II), may be either hand drawn,
computer generated or professionally prepared, as long as they contain all necessary information clearly, accurately, and in adequate detail. Please
include specific dimensions whenever possible. You may also include photos, if you wish.
Overhead views of Part II replacement site(s) should include the following items that pertain to your project:
Property boundaries and/or lot dimensions.
Location and extent of shoreline, wetlands and water.
Location and dimensions of proposed project, structure or activity. Include length, width, elevation and other measurements as appropriate.
Points of reference (such as existing homes, structures, docks or landscape features).
Location of inlet and outlet structures.
Indication of north.
Location of spoil and disposal sites (if applicable).
Areas of wetland and upland plants established.
ProfIle views (side or cross-sectional views) should include the following items that pertain to your project:
Location and dimensions of proposed project, structure or activity. Include elevation, depth, soil profile, side slope and other
measurements as appropriate.
Proposed water level elevation.
Final Checklists
Part II: Replacement Plan Supplement
~ Have you completed all of Part II (pages 3-5)?
~ Did you (or your agent) sign Section 19 on page 5?
~ Have you included the necessary attachments for Part II?
Attachments must include:
~ Hthe project includes any wetland banking (complete or partial), include Application for Withdrawal of Wetland Credits Form (Section 14)
D H the project includes any project-specific replacements (complete or partial), include:
Description of Replacement Wetland(s) Construction (Section 15)
Copy of vegetation management plan (Section 15)
Scale drawing of overhead view or replacement wetland (Section 18)
Scale drawing of profile view of replacement wetland (Section 18)
Attachments may also include:
D Additional description of Wetland Impact Charts (Section 11) (if additional space was needed)
D Additional Description of Replacement Wetlands charts (Section 17) (if additional space was needed)
D Additional soils information for created replacement wetland(s) (Section 18) (if available)
Note: To deposit surplus wetland credits in the State Wetland Bank, submit a Wetland Banking Application directly to your LGU (Section 16).
Preparing Your Application for Mailing
D To apply for both state and Federal authorization, your application must include Part I (Page 1), the Federal application (Page 2), and
attachments as indicated on Final Checklist for Part I (Instructions, Page 2).
D Your application must also include Part II (Pages 3-5) and additional attachments as indicated on Final Checklist for Part II (above).
D Make three copies of the entire application and all attachments. Keep the original, and mail the three copies to the appropriate local, state,
and Federal agencies (see Instructions for Part I for addresses).
Minnesota Local/State/Federal Application Forms for WaterIWetland Projects
Instructions Page 3
PART II: REPLACEMENT PLAN SUPPLEMENT
For assistance in completing Part IL contact your Local Government Unit or a professional consultant
11. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: 1) Use one row of boxes for each wetland impact; 2) If your project has more
than one wetland impact, reference your overhead view (part of Section 5) to this chart by identifying and labeling "first impact" and "second impact" on
your overhead view; 3) If you are identifYing only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank;
4) If you have chosen to identifY more than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each wetland type, and
identifY predominant vegetation and size of impacted area for each separate wetland type within that impact area; 5) If you do not have access to some of
this information, call your LGU or SWCD office for assistance. (photocopy chartfor more impacts, if needed.)
DESCRIPTION OF WETLAND IMPACTS
Wetland Watershed County, Wetland type 1 Predominant Size of area Existing land use in project
impact (as name or Section, vegetation in impacted area (check all that apply)
noted on number (if Township, impacted (in acres or
overhead known) Range wetland area square
view) feet)
33 Carver, 24, 3 reed canary 767 SF ~ Housing
116,23 grass o Commercial
First ------------------- ------------------ --------------- o Industrial
impact o Parks/recreation areas
~ Highways and
------------------- ------------------ --------------- associated rights-of-way
D Forested
o Farmsteads/agricultural
D Vacant lands
D Public and semi-public
(schools/gov't facilities)
Second o Airports
------------------- ------------------ --------------- o Extractive (gravel
impact pits/quarries)
~ Other: golf course
------------------- ------------------ ---------------
lIfyou are identifYing only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank. If you have chosen to identifY more
than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each separate wetland type, and identifY predominant vegetation and size
of impacted area for each separate wetland type with that impact area.
TOTALS OF AREA(S) IMPACTED FOR EACH WETLAND TYPE ON CHART (indicate acres ~ or square feet 0)
Type:
I:
IL: _2: _ 3: 0.02 4:
5:
6:
7:
8:
R:_
U. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply to either the impact site(s) or the replacement site(s)? 0 Yes 12$1 No
(Examples: the presence of endangered species, special fish and wildlife resources, sensitive surface waters, or waste disposal site.) If YES, list and describe briefly.
13. SHORELAND IMPACT ZONE: Please identifY each wetland impact site noted in Section IS that is within 1000 feet of a lake or 300 feet of a river.
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 4
14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be accomplished (check only one box below
and continue as indicated):
l8J A. Wetland banking only
Complete Applicationfor Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LGU, or
download a copy from www.bwsLstate.mn.us
Skip to Section 19, page 6 (You do not need to complete Sections 15-18).
o B. Project-specific replacement only
Continue with Section 15 below.
Dc. A Combination of wetland banking and project-specific replacement
Complete Applicationfor Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LGU, or
download a copy from www.bwsLstate.mn.us
Continue with Section 15 below.
15. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCTION (Complete this section only if you marked Box B or Box C in Section
14 above):
Describe in detail how replacement wetland(s) will be constructed. If several methods will be used, describe each method. Details should include the
following: I) type of construction (such as excavated in upland, restored by tile break, restored by ditch block or revegetated); 2) type, size and
specifications of outlet structures; 3) elevations relative to Mean Sea Level or established benchmarks or key features (such as sill, emergency overflow or
structure height); 4) what best management practices will be implemented to prevent erosions or site degradation; 5) proposed timetable for starting and
ending the project; and 6) a vegetation management plan. Write this description on a separate sheet of paper labeled DESCRIPTION OF REPLACEMENT
WETLAND CONSTRUCTION
16. SURPLUS WETLAND CREDITS: Ifusing project-specific replacement (Box B or Box C in Section 14 above), will the replacement result in any
surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? 0 Yes 0 No. If yes, submit a Wetland Banking
Application directly to your LGU. Copies are available from your LGU, or download a copy from www.bwsLstate.mn.us
17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below: 1) Use one row of boxes for each wetland replacement site; 2) If
your project has more that one wetland replacement site, reference your overhead view (part of Section 5) to this chart by identifying and labeling "first
replacement site" and "second replacement site" on your overhead view; 3) If you are identifying only one wetland type within a given replacement site, use
the first dotted line(s) and leave the others blank; 4) If you have chosen to identify more than one wetland type in a given replacement site, use the extra dotted
lines to indicate each separate wetland type, and identify type(s) of replacement credits and "restored or created" for each separate wetland type with that
replacement site; 5) If you do not have access to some of the information, or if you do not know your replacement ratio, call your LGU or SWCD office for
assistance. Photocopy chartfor more wetland replacements, ifneeded.)
DESCRIPTION OF REPLACEMENT WETLANDS
Identify Watershed County Section, Wetland Type(s) of replacement credits Restored
Wetland name or Township, Type1 (in acres or square feet) or
replacement number Range created?
site (if known) New Wetland Public Value Indicate
(as noted on Credits (NWC) Credits (PVC) RorC
overhead view)
Name of
First ----------- ~~~~~ ~ ~ ~~~ ~~ ~~~~ ~ ~ ~ ~~] ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~.~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ -------------
replacement
site ----------- -------------
Name of
Second ----------- ----------------------- ------------------------ ~._, _'M.a.e.e'.'M'.'._.'.
replacement
site ----------- ---------------------- ------------------------ -.-..'-'P'-'.'-'.'-'-.'.
lCircular 39 wetland types: Indicate1, lL, 2, 3, 4, 5, 6, 7, 8, R, or U. If you are
identifying only one wetland type within a given wetland impact area, use the first TOTAL NWC TOTALPVC
dotted line and leave the others blank. If you have chosen to identify more than one
wetland type within a given wetland impact area, use the extra dotted lines to indicate REQUIRED REPLACEMENT RATIO:
each separate wetland type, and identify predominant vegetation and size of impacted (If known)
area for each separate wetland type within that impact area.
.
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 5
18. ADDmONAL INFORMATION REQUIRED FOR PROJECT-SPECIFIC REPLACEMENT (Required only if you marked Box B or Box C in Section 14):
For projects involving at least some project-specific replacement, include the following additional information:
o Two drawings to scale of the replacement wetland. Include both overhead view and profile (side view or cross-sectional view). See What to Include on Plans
(Instructions, Page 3) for a detailed description of what should be included in these drawings. Without drawings, your application will be considered incomplete.
o For created replacement wetlands, include additional soils information (if available) that indicates the capability of the site to produce and maintain wetland
characteristics.
Note 1: For replacement wetlands located on pipeline easements, you need to receive endorsement of your project from both the easement holder and the Minnesota
Department of Public Safety's Office of Pipeline Safety. Before start of construction, the owner of any utilities must be notified. The landowner or contractor is
responsible for giving this notice by calling "Gopher State One-Call" at 652-454-0002 (Twin Cities Metro Area) or 1-800-252-1166 (all other locations).
Note 2: For extensive or complex projects supplementary information may be requested at a later dated from one or more of the responding agencies.
Such information may include (but not be limited to) the following: topographic map, water table map, soil borings, depth soundings, aerial photographs,
environmental assessment and/or engineering reports.
19. SIGNED AFFIRMATION:
FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING ONLY. To the best of my lmowledge and belief, all information in Part II is true,
complete and accurate; and I affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Barne
FOR PROJECTS INVOLVING EITHER PROJECT-SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF WETLAND BANKING
AND PROJECT-SPECIFIC REPLACEMENT:
Part A: The replacement wetland. I affirm that the replacement wetland was not:
Previously restored or created under a prior approved replacement plan or permit; AND
Drained or filled under an exemption during the previous 10 years; AND
Restored with fmancial assistance from public conservation programs; AND
Restored using private funds, other than landowner funds, urness the funds are paid back with interest to the individual or organization that funded the restoration; and
the individual or organization notifies the local govermnent unit in writing that the restored wetland may be considered for replacement.
Part B: Additional assurances (check all that apply):
[21 The wetland will be replaced before or concurrent with the actual draining or filling of a wetland.
[21 An irrevocable bank letter of credit, performance bond, or other acceptable security has been provided to guarantee successful completion of the wetland replacement.
[21 The wetland losses will be replaced via withdrawal from an account in the State Wetland Bank.
Part C. For projects involving any project-specific replacement: Within 30 days of either receiving approval of this application or beginning work on the project, I
will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s) will be located; and I will at the same time
submit proof of such recording to the LGU.
To the best of my lmowledge and belief, all information in Part II is true, complete and accurate; and 1 affirm all statements in Part A and C, as well as
checked assurance(s) in Part B.
Signature or applicant or agent
Date
FOR LGU USE ONLY
Replacement plan is (check one): 0 Approved
DApproved with conditions (conditions attached)
o Denied
LGU official signature
Date
LGU has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland:
County where recorded
Date
Document # assigned by recorder
LGU official signature
Date
Minnesota Local/State/Federal Application Forms for WaterlWetland Projects
Page 6
WETLAND CONSERVATION ACT / SECTION 404
WETLAND REPLACEMENT PLAN NARRATIVE
AND APPLICATION FOR SEQUENCING
FLEXIBILITY
Lakeside
Chanhassen, Minnesota
July 10, 2007
This narrative is submitted as a component of the Wetland Conservation Act / Section 404
permit application for the proposed Lakeside residential development project in the City of
Chanhassan, Carver County Minnesota and includes further description of the following items
from the application: (3) project location, (4) type of project, (5) project purpose, description and
dimensions, (6) project alternatives, and (9) status of other approvals.
3. PROJECT LOCATION
The Lakeside residential development project is located at the northeast comer of Lyman Blvd
and Lake Riley Road (Location Figure) in the City of Chanhassen. The property consists of
multi-family housing surrounded by a noise berm associated with T.H. 212 to the north,
residential development and roadway to the east and west, and Lake Riley to the south.
4. TYPE OF PROJECT
Sienna Corporation is proposing a new condominium housing project on a site that previously
contained dilapidated apartment buildings on the north side of Lake Riley. The site is being
redeveloped as a multi-family residential use consistent with existing land use and zoning
ordinances. The site had become run down, and was in need of intervention to deal with crime
and maintenance concerns that the previous apartments were known for.
5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS
The site was rezoned from high density R12 to PUD, and plans were approved by the City
Planning Commission in June 2006, followed by City Council in July 2006. Project construction
consists of site grading, infrastructure such as roads, utilities and building construction, of which
major portions have already been installed. Relevant parts of the preliminary plan set are
included as Appendix A.
Existing Wetland Resources and History
Two wetlands (A and B) on the project site were delineated and documented by a report
completed by Peterson Environmental in 2005 (Appendix B). An Incidental Wetland Request
was made for both wetlands based on a historical aerial photo review completed by Peterson
Lakeside - Wetland Permit Narrative
July 10, 2007
Page 2
Environmental Consulting. Both wetlands appear to have been incidentally created for drainage
and stormwater management; however, the LGU concluded that although Wetland B appears to
have been created when the ditch to the north of the wetland stopped functioning between 1951
and 1957, it was created more than 25 years ago, and therefore considered jurisdictional.
Wetland B
Wetland B is classified as a palustrine emergent semi-permanently flooded wetland that is
partially drained or ditched (PEMCd; Circular 39 Type 3), dominated by reed canarygrass and
black willow. Wetland B was inundated at the time the delineation was completed in October
2005.
Wetland B is located in the northwest comer of the site. The City's Wetland Management Plan
categorizes the wetland as a Manage 2 wetland. The aerial photograph review completed for this
wetland indicates that the area of the wetland has been altered by farming, grading, filling, and
berming over a period of 70 years. Review of historical aerial photos indicates that the wetland
was not present on the site until the 1950s when the ditch to the north appears to have stopped
functioning. It was determined that the wetland was not exempt because Minnesota Rule
8420.0122, Subp. 2.C. states that "wetlands that were incidentally created and have been in
existence for more than 25 years may not be drained or filled."
Preliminary Plan for Lakeside
The attached grading plan illustrates the location and amount of fill proposed to Wetland B
(Appendix A, Wetland Impact Exhibit, and Figure 1). The placement of fill is proposed to
widen the buffer area of the wetland. Table 1 illustrates the required amount of wetland
mitigation for impacts to Wetland A.
Table 1. Wetland Impacts and Proposed Wetland Bank Replacement Calculations
Circular 39
Type
Existing Size
(s.f. / acres)
Proposed FiW
Impact in
Wetland
Required Wetland
Replacement
Calculations
(NWC and PVC)
3
31,363/0.72
767/0.02
0.04 ac
0.02 ac NWC
PROPOSED OFF-
SITE MITIGATION
(NWC) from an
approved wetland
bank site
PROPOSED OFF-
SITE BUFFER (pVC)
from an approved
wetland bank site
0.02 ac PVC
Lakeside - Wetland Permit Narrative
July 10, 2007
Page 3
6. PROJECT ALTERNATIVES
Sequencing Analysis
Grading and drainage activities in the area surrounding the current Wetland B during the last
fifty years changed the terrain so that drainage of the basin area was noticeably reduced.
Subsequently, the change in drainage resulted in the collection of surface water that supported
the establishment of hydrophytic vegetation. The area has also been impacted over time by
surrounding development, and most recently by the construction of a noise berm for the new
alignment of Trunk Highway 212. Over time, the functions and values of the wetland have
likely significantly diminished. The applicant has endeavored to avoid and minimize direct and
indirect wetland impacts on the project site to the extent practicable, while protecting the existing
features. The applicant considered two alternatives that would completely avoid wetland
impacts. These alternatives are:
No Action Alternative
The no action alternative (Figure 2) meets the wetland buffer and building setback requirements,
but would result in the reduction of the multifamily unit to an architecturally unfeasible design.
The community builder for this neighborhood is constructing only 3 and 4 unit buildings.
Additionally, this plan would require that major utility infrastructure previously installed by the
developer and approved by the City be realigned, creating an economic burden. The "tight"
curve in the road created by the road alignment, and the elevation of the Condominium building
in Figure 2 result in the following undesirable and unsafe conditions:
o Driveways that do not meet the 2% grade requirement for the 4 unit multifamily
homes on the interior of the road in the southwest comer of the site, and
o A road alignment that creates potentially unsafe turn radii for emergency
vehicles.
Sienna Corporation proposed to revitalize the previously developed site with a planned unit
development, and the original City-approved 2006 site plan was determined to meet the market
demand for units of the type proposed in the approved plan.
Total Wetland Avoidance Build Alternative
The original site plan (Figure 3) resulted in further indirect impacts to the wetland, and did not
meet the wetland buffer and building setback requirements. The proposed site plan (Figure 1)
represents a gain of 10 feet in meeting building setback and buffer requirements.
Indirect impacts will occur to the wetland as a result of increased development and re-
development surrounding the wetland on all sides. MnDOT's design plans for Trunk Highway
212 improvements included a noise berm on the south side of the highway from Dell Road to
Highway 101 which appears to encroach in the buffer along the northern boundary of the
wetland, adding to indirect impacts that will further reduce wetland viability. Sienna
Corporation is proposing to offset and mitigate impacts to Wetland B from encroachment of a
Lakeside - Wetland Permit Narrative
July 10, 2007
Page 4
building footprint in the buffer along the south side, by means of purchasing offsite wetland bank
credit in an approved wetland bank site. Approved wetland bank credit is currently available for
purchase within the Lower Minnesota River Watershed District in Carver County, where long
term wetland viability can be assured, and equal or greater public value and functions of the
replacement wetland are certain.
Minimization of Impacts
The applicant has avoided direct wetland impacts to the extent possible, given the constraints
posed by the existing and proposed development in the surrounding area. Project plans
underwent several adjustments and changes in efforts to meet buffer setback requirements. The
current site plans were previously approved by the City Council and Planning Commission in
2006. A small amount of fill is proposed to increase the buffer width of Wetland B. The buffer
will provide some protection from surface water runoff and associated pollutants. On site
mitigation is not proposed because of the increased potential for indirect impacts to the wetland,
and the potential for further diminishing functions and values due to surrounding development.
Compensatory Mitigation
The wetland impact will result in a larger buffer area, providing increased protection from
surface water runoff and associated pollutants. Although the larger buffer will provide some
added protection, impacts from surrounding development will continue to diminish the wetland's
functions and values.
Because the wetland has been impacted significantly over time, and surrounding development
activities will continue to contribute to indirect impacts, Sienna Corporation is proposing to
replace the proposed impacts at a 2:1 ratio through the purchase of wetland bank credits from an
approved site in the Lower Minnesota River Watershed District in Carver County to provide the
following:
. equal or greater compensatory mitigation area and greater functions and values for direct
impacts to Wetland B
· a wider buffer area along the southern boundary of the wetland to provide some
protection from surface water runoff and associated pollutants
Sequencing Flexibility
According to the Minnesota Rules Chapter 8420, 0520, Subp. 7a:
A. Sequencingflexibility cannot be implemented unless alternatives have been considered and
unless the proposed replacement wetland is certain to provide equal or greater functions and
public values as determined based on a functional assessment reviewed by the technical
evaluation panel using a methodology approved by the board. The project sponsor must provide
Lakeside - Wetland Permit Narrative
July 10, 2007
Page 5
the necessary information and the local government unit must document the application of
sequencingflexibility in the replacement plan approval.
B. Flexibility in application of the sequencing steps may be applied, subject to the conditions in
item A, as determined by the local government unit if:
(1) the wetland to be impacted has been degraded to the point where replacement of it would
result in a certain gain infunction and public value;
(2) preservation of a wetland would result in severe degradation of the wetland's ability to
function and provide public values, for example, because of surrounding land uses and the
wetland's ability to function and provide public values cannot reasonably be maintained through
other land use controls or mechanisms;
(3) the only feasible and prudent upland site available for wetland replacement or development
has greater ecosystem function and public value than the wetland. Although this is a rare
circumstance since there will usually be several options for siting the replacement wetland or
development, it may be appropriate if the project sponsor:
(a) demonstrates impact minimization to the wetland;
(b) agrees to perpetually preserve the designated upland site; and
(c) completely replaces the impacted wetland's functions and public values; or
(4) the wetland is a site where human health and safety is afactor.
The applicant is requesting consideration for sequencing flexibility based on the following
criteria:
. The wetland's current presence apparently is a result of a lack of maintenance activities
and blockage of the ditch that drained the area to the north. As the site was developed in
the 1970s, grading for site development may have affected the functioning of the ditch.
In addition, the ditch has been fully removed by the grading activities related to U.S.
Highway 212 construction. Activities within the basin in the last 70 years indicate that
the basin has been affected by grading and agricultural activities that have influenced the
ability of the basin to maintain wetland conditions. Therefore, this wetland cannot be
considered to be natural or pristine, as is evidenced by:
o the City's classification of the wetland as a 'Manage 2' Basin, and
o the City's decision regarding the previously submitted Incidental Wetland
Exemption request. In its decision, the City indicated that the wetland may have
resulted from human activities regarding the adjacent ditch and qualified for an
exemption, however; these activities occurred more than 25 years ago.
According to the Minnesota Wetland Conservation Act, ditches must be
maintained within a 25-year period, and if not, any wetlands resulting from a lack
of maintenance activities are not exempt. This implies that the wetland still has an
artificial basis for creation, and even though it does not qualify for an exemption,
it does build the case for consideration of the disturbed nature of the basin for
sequencing flexibility.
Lakeside - Wetland Permit Narrative
July 10, 2007
Page 6
. The basin was completely cultivated during the years 1937, 1940, 1957, and portions of it
were cultivated in 1963. Subsequent years indicate that the site had been developed as
apartments, and agricultural activities ceased. The basin itself clearly has a history of
being farmed until site development in the 1970s as indicated in all available photographs
until the time of development. No vegetation signatures were apparent in these earlier
photographs to indicate that any native upland or wetland vegetation had persisted in or
adjacent to these basins during this period of farming. This lack of continuity of
vegetation would indicate the recent development of the basin's vegetation and therefore
has implications that would reduce its functions and values.
. The basin has a history of being partially or effectively drained by the adjacent ditch, and
previously had an outlet control structure. Currently, the wetland itself is isolated, but a
catch basin is located nearby to capture overflow drainage.
. Vegetation in the basin has developed within the last thirty years.
. The soils have a history of disturbance from the previous farming activities, but are
showing signs of recent profile development.
. Avoidance of both direct and indirect wetland impacts have considered through
alternative site design. The alternative design would require re-grading and realignment
of utilities that have already been installed and approved by the City, making the
alternative design economically unfeasible.
. A no action alternative would result in an architecturally unfeasible design of a multi-
family unit. Market analysis shows that current demand for the product presented on the
approved plan is strong. Changing the product that has already demonstrated a strong
sales potential in today's sensitive housing market is economically unfavorable.
. Over time, the wetland was directly and indirectly impacted by benning, grading, filling,
farming, and increased surrounding development. The basin is becoming more isolated
by site development. Stonnwater impacts to the basin will increase from recent and
proposed grading and development surrounding the basin. The watershed for the basin
has been altered by area activities including the construction of the noise berm along U.S.
Highway 212. Overtime, the basin's watershed area has been reduced and impervious
surfaces have been increased making the basin's hydrology more "flashy". Through
removal of the basin's surface outlet, and providing an overflow outlet outside the basin,
its hydrology will be significantly altered. Mitigating for wetland impacts offsite would
result in equal or greater public value.
. Minimizing the potential for indirect impacts to the wetland will be achieved by
increasing the buffer width along the southern boundary of the basin, and by seeding the
buffer with a native plant mix.
Lakeside - Wetland Permit Narrative
July 10, 2007
Page 7
9. STATUS OF OTHER APPROVALS
NPDES
PRELIMINARY PLAT
FINAL PLAT
ROAD PERMIT
GRADING PERMIT
Wetland Bank Withdrawal
Application
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
Name(s) Sienna Corporation
Address: 4940 Viking Drive, Suite 608
Edina, Minnesota 55435-5318
City State ZIP
Day Phone (952)835-2808
Other Phone ( )
3. OWNER 1 SELLER OF CREDITS
4. Regulating Authority(ies) Approving
the Use of Wetland Bank Credits
Account No. 1115
Watershed No. 33
County: Carver
Replacement Plan approved by (check all that apply):
Name of Seller: Elroy Knauer
D Local WCALGU:
Local Permit #
(Print agency name)
(Name of Authorized Representative)
D U.S. Army Corps of Engineers: Permit #
D MN Dept. of Natural Resources: Permit #
D Natural Resources Conservation Service: Permit #
D Other authority involved:
(Signature of Sellerl Authorized Representative)
o Enclosed 6.5% transaction fe.e, a able to "Board of Water & Soil Resources."
Credit Acres Wetland Topo. Setting3 Cost
Sub-Group! NWC or PVC withdrawn Type2 (per acre)
A NWC 0.02 flow-through $32,670
B PVC 0.02 upland buffer $15,246
[pick one] [pick one]
[pick one] [pick one]
Totals:
!Letters 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).
3Topographic setting types: shoreland, riverine, floodplain, flow-through, tributary, isolated.
1 acre = 43,560 sq. ft.
Page I of2
BWSR Form: wca-bank-05 (online withdrawal form).doc
Revised 1/04/05
6. CERTIFICATION OF USER OF WETLAND CREDITS
The proposed user of credits hereby certifies that 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.
Authorized Sil!nature of ProDosed User of Credits
John Vogelbacher
PRINT Name
Date
7. REGULATORY AUmORITY APPROV AL(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 / 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.
PRINT Name ofWCA LGU Official Signature of Authorized WCA LGU Official Date
PRINT Name of Other Regulatory Official (if any) Signature of Other Authorized Official Date
Agency Address of Other Regulatory Official
8. CERTIFICATION OF OWNER / 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) I 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, and
6) the Annual Fee for this account has been paid (or will be with an enclosed check).
Authorized Signature of Owner / 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 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 acknowledging the debit and new account balance.
IMPORTANT REMINDERS
1. The Owner / Seller ofthe 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 wetland or other water resource may commence until the credits have been debited from the
Minnesota Wetland Mitigation Bank and a copy ofthis approval has been mailed to 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 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.
Page 2 of2
BWSR Form: wca-bank-05 (online withdrawal form).docMail to: Bank Coordinator, Board of Water & Soil Resources
Revised 1/04/05 520 Lafayette Road North St. Paul, MN 55155
Appendix A:
Site Location, Proposed and
Alternative Project Figures, Wetland
Impact Exhibit
LOCATION
Data Sources: 2006 NA!P Aerial Photograph, City of Chanhassen Planning Case No.06-26
Lakeside at Bearpath
Chanhassen, Minnesota
Project #205207, Created 6-07-07
Sienna Corporation
825
412.5
o
825 Feet
N
PI eNEERengineering
, 07All-l b ' 205207301
\205207-Lokeside\2xOl52 205207Sbo; 205207 0,
L: \Survey Xre(s: 205201 p,
Layout: Cover, 21 2007
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