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PC Staff Report 5-18-10CITY OF CHANHASSEN PC DATE: May 18, 2010 l CC DATE: June 14, 2010 REVIEW DEADLINE: June 15, 2010 CASE #: 2010 -07 BY: TRJ PROPOSED MOTION: "The Chanhassen Planning Commission recommends that the City Council approves the Wetland Alteration Permit subject to the conditions of approval as specified on pages 3 -4 in the staff report." And adoption of the attached findings of fact and recommendation. SUMMARY OF REQUEST: Wetland Alteration Permit in conjunction with the reconstruction of Audubon Road from a two -lane urban section with dedicated turn lanes and construction of a mixed -use recreational trail and storm sewer infrastructure. 6 � APPLICANT: City of Chanhassen Attn: Todd Gerhardt, City Manager 7700 Market Boulevard, P.O. Box 147 Chanhassen, MN 55317 LOCATION: Bluff Creek — a public water between properties 8900 and 8950 Audubon Road (PIDs 25- 8250010 and 25- 8090020) in Carver County, Minnesota. PRESENT ZONING: Rural Residential 2020 LAND USE PLAN: Rural Residential LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City has limited discretion in approving or denying wetland alteration permits, based on whether or not the proposal meets the wetland alteration permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable wetland alteration permit standards are met, the permit must be approved. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL SUMMARY AND BACKGROUND The City of Chanhassen is proposing to reconstruct Audubon Road from Lyman Boulevard to Lake Drive West. The project will involve upgrading a rural road section to an urban road section. This will incorporate the construction of dedicated turn lanes, the installation of a storm sewer conveyance system, the construction of a mixed -use recreational trail, and other Audubon Wetland Alteration Permit 2010 -07 May 18, 2010 Page 2 of 4 appurtenant facilities. This project is needed to meet the existing and anticipated average daily trips generated on this road. In order to accommodate the trail extension, 560 square feet of wetland will be permanently impacted when the box culvert which conveys Bluff Creek is extended eight feet westward. Compensatory mitigation for the impacted wetlands will be accomplished through the withdrawal of wetland credits from the Minnesota Wetland Bank Account #127 owned by the City of Chanhassen. Because the trail is not considered a necessary safety upgrade for the road, it is not eligible for the BWSR Road Replacement program. The Joint Notification Application (see attachment 4) was submitted to the Carver County Soil and Water Conservation District (SWCD), the Minnesota Board of Soil and Water Resources (BWSR), the Minnesota Department of Natural Resources (DNR) and the United States Department of the Army, Corps of Engineers for review and comment on April 22, 2010 as required by state and federal law. The public comment period ends on May 17, 2010. As of the time of this report, no comments had been received from the reviewing agencies. Any comments received will be provided to the Planning Commission in a timely manner. The City has taken efforts to minimize the proposed wetland impacts. These modifications included narrowing the boulevard to seven feet, shortening the culvert extension by four feet, and maintaining 3:1 slopes from the shoulder to the wetland. Consideration was also given to using retaining walls or further narrowing the boulevard. In both cases it was found to be impractical to do so. Upon review of these plan revisions, it has been determined that impacts have been minimized to the greatest extent practicable. The replacement wetland must be located within the same watershed and replace similar functions and values. If it does not, an increased mitigation ratio may be required. The wetland bank is of the same wetland type and is located within the City of Chanhassen. Therefore the replacement only requires a 2:1 ratio. APPLICABLE REGUATIONS The Wetland Protection Ordinance requires that development must first try to avoid any wetland impacts. In it is determined that avoidance is not a reasonably attainable option, then every reasonable effort must be made to minimize these impacts to the greatest extent practicable. Any unavoidable impacts must be mitigated for at a ratio consistent with the Minnesota Wetland Conservation Act: in this instance that ratio is 2:1. ANALYSIS It has been determined that there is no way to construct the mixed -use recreational trail along the west side of Audubon Road without extending the existing box culvert to Bluff Creek. It is this extension that results in the wetland impact. City staff has shortened the extension as much as possible to minimize impact to the wetland as required by ordinance. These minimization techniques included: Audubon Wetland Alteration Permit 2010 -07 May 18, 2010 Page 3 of 4 • Using four -foot box culvert pieces rather than six -foot pieces. • Narrowing the boulevard from eight (8) feet to seven (7) feet. • Maintaining a 3:1 slope down to the wetland. The mitigation will occur at a 2:1 ratio. The compensatory mitigation involves the withdrawal of 0.0257 acres of wetland credit from Account #127 in Carver County. This account is located within the City of Chanhassen and is managed by the City of Chanhassen. 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 appropriately sized, situated and is of the same wetland type. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends the Chanhassen City Council approves Wetland Alteration Permit #2010 -07 for the reconstruction of Audubon Road 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 Board of Water and Soil Resources 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. A letter of permission (LOP) or other approval from the United States Army Corps of Engineers shall be received prior to any impacts to this wetland. 3. A DNR Waters permit shall be received from the Minnesota Department of Natural Resources prior to any work within the wetland or Bluff Creek. 4. Per DNR rules, no activity affecting the bed of Bluff Creek may occur between April 1 and June 30 to minimize the probability of impacts to fish spawning and migration. Audubon Wetland Alteration Permit 2010 -07 May 18, 2010 Page 4 of 4 5. Every reasonable effort shall be made to insure that no sediment or sediment -laden waters are discharged to this wetland. 6. A signed "Landowner Statement and Contractor Responsibility for Work in Wetlands or Public Waters" shall be provided to the City as the LGU for the Wetland Conservation Act and the DNR Regional Enforcement Office." ATTACHMENTS 1. Site Location Map. 2. Findings of Fact and Recommendation. 3. Notice of Application 4. Joint Notification Application. 5. Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank. 6. Public Hearing Notice Affidavit of Mailing. g: \plan\2010 planning cases \10-07 audubon road reconstruction wap \pc staff report 5- 18- 10.doc R o � � o C o� GAIPtN -1 � � v L — N AL YRD J i O m � � O Cr Crossing Location Audubon Road Reconstruction m Project Location Map 1111 M o ow�EAa�,P oa PAOPEAr. ®o��o4a�E= .,o� o� Figure 1: Project Location Map IN h d N W + r S CffYOF CHANHASSEN CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of City of Chanhassen for a Wetland Alteration Permit to alter or fill wetlands in conjunction with the Audubon Road Reconstruction Project — Planning Case 2010 -07. On May 18, 2010, 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 The City of Chanhassen, as the Local Government Unit responsible for administration of the Wetland Conservation Act, has reviewed the Joint Notification Application and submitted the Joint Notification to the Board of Water and Soil Resources, the Carver County Soil and Water Conservation District, the Department of Natural Resources and the United States Army Corps of Engineers to solicit comments based upon their respective reviews. 2. The Applicant is proposing 560 square feet of permanent wetland impacts for the purpose of constructing a mixed -use recreational trail in conjunction with the reconstruction of Audubon Road from Lyman Boulevard to Lake Drive West. 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. 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. i. 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 #10 -07, dated May 18, 2010 prepared by Terry Jeffery, is incorporated herein. 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 18 day of May, 2010. CHANHASSEN PLANNING COMMISSION LM Its Chairman 2 Minnesota Wetland Conservation Act Notice of Application Local Government Unit (LGU) Address City of Chanhassen 1700 Market Blvd, PO Box 147 Chanhassen, MN 55317 1. PROJECT INFORMATION Applicant Name Project Name Date of Application City of Chanhassen Audubon Road Reconstruction Application Number PW10 -02 April 22, WAP 10 -01 952.227.1168 ❑ Staff 2010 ® Governing Board or Council Type of Application (check all that apply): ❑ Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing ® Replacement Plan ❑ Banking Plan Summary and description of proposed project (attach additional sheets as necessarv): The City of Chanhassen, as part of their on -going infrastructure maintenance and replacement program, will be reconstructing Audubon Road from Lake Drive West to Lyman Blvd. As part of this project, dedicated turn lanes and a multiple use recreational path will be added. In order to accommodate these additions and maintain a safe clear zone, a total of eight feet needs to be added to the west end of the existing box culvert which conveys Bluff Creek under Audubon Road. This will result in 560 square feet of impact to a Type 3 wetland. The City of Chanhassen proposes to mitigate for these losses at a 2 :1 ratio by withdrawing 1120 square feet of Type 3 wetland credits from wetland bank account 127 owned and managed by the City of Chanhassen. 2. APPLICATION REVIEW AND DECISION Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 3 provides notice that an application was made to the LGU under the Wetland Conservation Act as specified above. A copy of the application is attached. Comments can be submitted to: Name and Title of LGU Contact Person Terry Jeffery Water Resources Coordinator Comments must be received by (minimum 15 business -day comment period): Ma 17, 2010 Address (if different than LGU) Date, time, and location of decision: 6/14/2010 @ 7:OOPM Chanhassen Council Chambers 7700 Market Blvd, Chanhassen, MN Phone Number and E -mail Address Decision -maker for this application: 952.227.1168 ❑ Staff tjeffery@ci.chanhassen.mn.us ® Governing Board or Council Date: leau.21,2010 BWSR Forms 11 -25 -09 ` F Page 1 of 2 3. LIST OF ADDRESSEES ® SWCD TEP member: Greg Graczyk ® BWSR TEP member: Ken Powell ❑ LGU TEP member (if different than LGU Contact): M DNR TEP member: Mike North ❑ DNR Regional Office (if different than DNR TEP member) M WD or WMO (if applicable): Mark Enochs, C11211ill ❑ Applicant (notice only) and Landowner (if different) ❑ Members of the public who requested notice (notice only): ® Corps of Engineers Project Manager (notice only) Christina Carballal ® BWSR Wetland Bank Coordinator (wetland bank plan applications onl 4. MAILING INFORMATION ➢For a list of BWSR TEP representatives, see: www.bwsr.state.mn.us /aboutbwsr /workareas /WCA_areas.pdf ➢For a list of DNR TEP representatives, see: www.bwsr.state.mn.us/wetlands/wca/DNR DT)annrtmant nfNatnral RacmrrePe Rnainnnl Offinew NW Region NE Region Central Region Southern Region Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources 2115 Birchmont Beach Rd. NE 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South Bemid MN 56601 1 Grand Rapids, MN 55744 St. Paul, MN 55106 1 New Ulm, MN 56073 For a map of DNR Administrative Regions, see:. http://t. >For a list of Corps of Project Managers, see: www.mvp.usace. army. mil /regulatoiy /default.asp ?pageid =687 or send to: Dept. of the Army, Corps of Engineers, St. Paul District ATTN: CO -R, 190 Fifth Street East St. Paul, MN 55101 -1638 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 5. ATTACHMENTS In addition to the application, list any other attachments: ® Plan and Profile View of Crossing ® Narrative BWSR Forms 11 -25 -09 Page 2 of 2 0 Memorandum CITY OF CHANHASSEN TO: Greg Grazcyk, Carver County SWCD Finance Ken Powell, MN BWSR pru e x52227 ;;,, Christina Carballal, US ACOE F`C?cz147 John "Jack" Gleason, MN DNR Michael North, MN DNR COPY: Mark Enochs, CH2MHill for RPBCWD Administration DATE: April 22, 2010 BuildinglnsWons RE: Chanhassen Project PW 10 -02: Audubon Road Reconstruction Project � 'or ;e: 95222 , ?? .,; Joint Notification Application Engineering "hc;�e. 952 227. ,':6 ! rGr, L.LL7. Please find attached to this memorandum a Joint Notification Application for the Finance impact and subsequent mitigation plan for 560 square feet of Type 3 wetland adjacent pru e x52227 ;;,, to Bluff Creek in Chanhassen, MN. The impact is a result of extending the box culvert � �H 22 .? ; > under Audubon Road eight feet to the west. The impacts will be mitigated for by withdrawing 1120 square feet of wetland credit from wetland bank account 127. Park & Recreation e: ,,_,22'7. "2' Also included with this submittal is an exhibit, prepared by SRF showing the delineated ray 0-52-22".11101 wetland boundary, a drawing of the culvert in both plan view and cross - sectional view and an application for withdrawal of wetland credits. Recreation Center ^e ? - Comments will be accepted until May 10, 2010. Please direct your comments to: 952.221. 4 Terry Jeffery Planning& Water Resources Coordinator Natural Resources City of Chanhassen tr 9 "2 227 . , S 7700 Market Blvd, PO Box 147 Fay HL,227 -f - v Chanhassen, MN 55317 Public Works tieffery @ci.chanhassen.mn.us Fac 952.22. ';t? Your time and attention are appreciated. Should you have any questions or wish to Senior Center request additional information, please contact Terry Jeffery at 952.227.1168. e: 95222 `: L 9::2.2 r. -0 Web Site Chanhassen is a Community for Life NA- 026620 -0313 (V.2.02 for MS WORD) 9/17/2007 Minnesota Local /State /Federal Application Form for Water/Wetland Projects For Internal Use Only Application No. Field Office Code Date initial Application Received Date initial Application Deemed Complete PART I: BASIC APPLICATION "See HELP" directs you to important additional information and assistance in Instructions, Page i. 1. LANDOWNERIAPPLICANT CONTACT INFORMATION (See Help 1) Name: City of Chanhassen, Attn: Todd Gerhardt Phone: 952.227.1100 E -mail: tgerhardt @ci.chanhassen.mn.us Complete mailing address: 7700 Market Blvd, PO 147, Chanhassen, MN 55317 IA. AUTHORIZED AGENT (See Help IA) (Only if applicable; an agent is not required) Name: Terrance Jeffery Phone: 952.227.1168 E -mail: tjeffery@ci.chanhassen.mn.us Complete mailing address: 7700 Market Blvd, PO 147, Chanhassen, MN 55317 2. NAME, TYPE AND SiZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed) Name or I.D. # of Waters Impacted (if applicable; if known): Bluff Creek (Check all that apply): ❑ Lake ® River ❑ Circular 39 Wetland type: ® 1, ❑ 1 L, ❑ 2, ❑ 3, ❑ 4, ❑ 5, ❑ 6, ❑ 7, 13 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, ❑ shrub -carr /alder thicket, ❑ hardwood swamp or coniferous swamp, ❑ floodplain forest, ® seasonally flooded basin Indicate size of entire lake or wetland (check one): ® Less than 10 acres (indicate size: 0.46 ac) ❑ 10 to 40 acres ❑ Greater than 40 acres 3. PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance): Project street address: 8900 & 8950 Audubon Rd Fire #: City (if applicable): Chanhassen '/a Section: NE Section: 22 Township #: 116N Range #: 23W County: Carver Lot #: Block: 1 Subdivision: Sunridge Watershed (name or #) UTM location: N E 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 XMP. 4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed. The City of Chanhassen is improving Audubon Road and adding a multiple use trail from Lake Drive West to Lyman Blvd. See attached narrative for further discussion. 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. This project is intended to improve the condition and safety fo Audubon Road. See attached narrative for a more detailed discussion. Footprint of project: acres or 560 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. The option to not improve Audubon Road was discussed and dismissed due to safety and capacity concerns. The elimination of the trail was considered but this was not consistent w/ the City's Comprehensive Plan or Master Parks & Trail Plan. See attached. 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? ❑ 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 authorize ent of the applicant. v �✓ .. �14 t ignature of applicant (Landowner) Dale Signal o agent (if applicable) Date This block must be signed by the person who desires to undsitake the proposed activity and hss the necessary property rights to do so. if only the Agent has signed. please attach a separate sheet signed by the tandowTer. giving necessary authorization to the Agent. 'Set Beland Plants and Plans Commankies of.Hinnesora and lslscortsin (Eggers and Reed. 1997) as modified by the Board of water and Soil Resources. United States Army Corps or Engineers. Minnesota Local/StatetFederal Application Forms for Water /Wetland Projects Page I APPLICATION FOR DEPARTMENT OF THE ARNIV PERM1IIT (33 CFR 325) OMB APPROVAL N0.0710 -003 Expires Dec 31, 2004 The public burden for this adlectron of mformaoon is estimated to average 10 hours per response. although the majority of applications should require 5 hours or less. This includes the time fir review ing instructions, searching existing data sources, gathering and maintaining 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, including suggestions for reducing this burden, to Department of Defense. Washington Headquarters Service Directorate of Information Operations and Reports. 1215 Jefferson Davis Highway. Suite 1204. Arlington, %'A 22202 -4302: and to the Office of Management and Budget. Papers ork Reduction Project 10710-0003). Washington. DC 20503. Respondents should beau are that notwithstanding any other provision of law. no person shall be subject to any penalty for failing to comply u ith 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 having jurisdiction 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 w ill be used in evaluating the application for a permit. Routine uses: This information may be shared u ith the Department of Justice and other Federal. state. and local government agencies. Submission of requested information is voluntary: however, if information is not pro%ided. the permit application cannot be evaluated nor can a permit be issued. ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS I. APPLICATION NO. 1 2. FIELD OFFICE CODE 1 3. DATE RECEIVED 1 4. DATE APPLICATION COMPLETED YOU DO NOT NEED TO COMPLETE ITEMS 6 -10 and 12 -25 in the SHADED AREAS. ,411 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 onir when included as part of this entire state aoolication oacket. 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) City of Chanhassen, Attn: Todd Gerhardt t r_ � 1, Ual ( l COfal y )R+a \(►1rk/lca� �coew A.O rk 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 7. APPLICANT'S PHONE NO. 10. AGENT'S PHONE NO. 11. STATEMENT OF AUTHORIZATION (ijapplicahle: complete only ifaurhorizing an agent) I hereby authorize to act on my behalf as my agent in the processing of this application and to f imish, upon request. supplemental information in support oft h ppermit application. u APPLICANT'S SIGNATURE: ; 'i7 ✓_ _� DATE: l -2 HL 12. PROJECT NAME OR TITLE (see instructions) 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STRE=ET ADDRESS (if applicable) 15. LOCATION OF PROJECT 16. OTHER LOCATION DESCRIPTIONS. If KNOWN (see instructions) 17. DIRECTIONS TO THE SITE 18. NATURE OF ACTIVITY 19. PROJECT PURPOSE 20. REASON(S) FOR DISCHARGE 21. TYPES OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES NO _ IF YES, DESCRIBE COMPLETED WORK. 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, 25. LIST OF OTHER CERTIFICATIONS OR APPROVALS /DENIALS RECEIVED FROM OTHER FEDERAL. STATE OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION. 26. Application is hereby made for a permit or permits to authorize the 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 9f the applicant. it J � ofapplicant Date Signa fagent(ifany) 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 I I has been filled 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 S 10,000 or imprisoned not more than five years or both. ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW -OR) Minnesota Local/State Federal Application Forms for \1'atedWetland Projects Page 2 FOR LGU USE ONLY: Determination for Part 1: ❑ No WCA Jurisdiction ❑ Exempt: No. _ (per MN Rule 8420.0122) ❑ No Loss: _ (A,B,...G, per MN Rule 8420.0220) ❑ Wetland Boundary or type ❑ Replacement required - applicant must complete Part If COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT IS NOT REQUIRED: Application is (check one): ❑ Approved ❑Approved with conditions (conditions attached) ❑ Denied Comments/Findings: LGU official signature :Fame and Title Date For Agricultural and Drainage exemptions (AIN Rule 8420.0122 Subps. I and 211), LGU has received proof of recording of restrictions (per MN Rule 8420.0115): Countv where recorded Date Document # assigned by recorder LGU official signature Date Minnesota Local/StateXederal Application Forms for Water /Wetland Projects Page 3 Instructions For Part 11 Complete those portions of Part 11: 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 I1), as well as profile view(s) of replacement site(s) (Part 11), 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 11 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 .eater. 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 11 (pages 3 -5)? ❑ Did you (or your agent) sign Section 19 on page 5? ❑ Have you included the necessary attachments for Part 11? Attachments must include: ❑ If the project includes any wetland banking (complete or partial), include Application for Withdrawal of Wetland Credits Form (Section 14) ❑ If 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: ❑ Additional description of Wetland Impact Charts (Section 11) (if additional space was needed) ❑ Additional Description of Replacement Wetlands charts (Section 17) (if additional space was needed) ❑ 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 ❑ 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 1(instructions, Page 2). ❑ Your application must also include Part 11 (Pages 3 -5) and additional attachments as indicated on Final Checklist for Part 11 (above). ❑ 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 /Stater Federal Application Forms for WaterllVetland Projects Instructions Page 3 PART II: REPLACEMENT PLAN SUPPLEMENT Fur assistance in completing Purl //, contact Four Local Government Unit or a prgjessional 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 (pan of Section 5) to this chan 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. (Phuh cop , chart (or more impacts, ijneeded.) nFCr-RH3TInN nF WETLAND IMPACTS Wetland impact (as noted on overhead view) Watershed name or number (if known) Watershed and Bank Service Wetland plant community type' Predominant vegetation in impacted wetiand area Size of area impacted (in acres or square feet) Existing land use in project area (check all that apply) 33 - MN 9 3 Phalaris 560 SF ® Housing River arundinacea ❑ Commercial First Shakopee ----------- - - - - -- ---------- - - - - -- ------------ - - - - -- --- - - - - -- - - -- ❑ Industrial impact ❑ Parks /recreation areas ® Highways and ------------ - - - - -- ----------- - - - - -- ------------ - - - - -- --------- - - - - -- associated rights -of -way ❑ Forested ❑ Farmsteadslagricultural ❑ Vacant lands ❑ Public and semi - public (schools /gov't facilities) ❑ Airports Second ------------ - - - - -- ------------------------------------ -------- - - - - -- ❑ Extractive (gravel impact pits /quarries) ------------ - - - - -- ----------- - - - - -- ------------ - - - - -- - -------- - - - - -- ❑ Other: 'if you 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 squarejeet ®) Wetland plant community type r : Shallow open water: Deep marsh: Shallow Marsh: 560 Sedge meadow: Fresh wet meadow: Wet to wet mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub Carr or alder thicket: Hardwood swamp or coniferous swamp: Floodplain forest Seasonally flooded basin 12. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply to either the impact site(s) or the replacement site(s)? ® Yes ❑ 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. This wetland is immediately adjacent to Bluff Creek a 303d impaired water. 13. SHORELAND IMPACT ZONE: Please identify each wetland impact site noted in Section 15 that is within 1000 feet of a lake or 300 feet of a river. This wetland is in a shoreland impact zone. t See Welland Plants and Plant Communities of,lfinnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers. 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): ® A. Wetland banking credits only Complete Application f w Withdrawal of lVeland Credits Form and include with your application. Copies of this form are available from your LGU, or download a copy from www.bwsrstate.mn.us Skip to Section 19, page 6 (You do not need to complete Sections 15 -18). ❑ B. Project - specific replacement only Continue with Section 15 below. ❑ C. A Combination of wetland banking and project- specific replacement. if using project specific replacement that will result in surplus wetland credits that you propose to deposit in the state wetland bank for future use, then you must submit a wetland banking application directly to your LGU before or concurrently with submittal of this form. Also, Complete Application jor Withdrawal of lVedarrd Credits Form and include with your application. Copies of this form and the wetland banking application is available from your LGU, or download a copy from wxsw.bwsr.state.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: 1) 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 IFETL4ND CONSTRUCTION. 16. SURPLUS N ETLAND CREDITS: if using project - specific replacement (Box B or Box C in Section Id above), will the replacement result in any surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? ❑ Yes ❑ No. If yes, submit a Wetland Banking Application directly to your LGU before or concurrently with submittal of this form. Copies are available from your LGU, or download a copy from w % w.bwsr.state.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 chartf rr more ivelland replacements, if needed.) nFSCRIPTIAN OF REPLACEMENT WETLANDS Identify Watershed County Section, Wetland Type(s) of replacement credits Restored Wetland name or Township, Plant (in acres or squa feet) or replacement number Range Community created? site (if known) T New Wetland Public Value Indicate (as noted on Bank Service Credits (NWC) Credits (PVC) R or C overhead view) Area Name of Fi rs t --------- - - - - -- ---------------- --------------------- - - - - -- ------- - - - - -- replacement - --- -------------------- ----- - - - - -- site -- •--- - - - - -. .._- ___---- • - - -- Name of S econd ---------- - - - - -- ------------- - - - - -- ------------------ - - - - -- ------- - - - - -- replacement site If you 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 identity more than one TOTAL NWC TOTAL PVC 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 REQUIRED REPLACEMENT RATIO: each separate wetland type within that impact area. (If known) Wetland plant community type: Shallow open water: Deep marsh: Shallow Marsh: Sedge meadow: Fresh wet meadow: Wet to wet mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub Carr or alder thicket: Hardwood swamp or coniferous swamp: Floodplain forest Seasonally flooded basin * See Weiland Plants and Plant Communities of,ltinnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers. Minnesota LocaliStaterFederal Application Forms for W`aterlWetland Projects Paee 5 18. ADDITIONAL 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: ❑ Two drawings to scale of the replacement wetland. Include both overhead view and profile (side view or cross - sectional view). See 11'hat to include on Manz (instructions. Page 3) for a detailed description of what should be included in these drawings. Without drawings, your application will be considered incomplete. ❑ For created replacement wetlands, include additional soils information (if available) that indicates the capability of the site to produce and maintain wetland characteristics. Note 1: For replacement wetlands located on pipeline easements, you need to receive endorsement of your project from both the easement holder and the Minnesota Department of Public Safety's Office of Pipeline Safety. Before start of construction, the owner of any utilities 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 %% ETLAND BANKING ONLY. To the best of my knowledge and belief, all information in Part 11 is true, complete and accurate; and I affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank. FOR PROJECTS INVOLVING EiTHER PROJECT - SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF NVETLAND 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 tilled under an exemption during the previous 10 years; AND Restored with financial assistance from public conservation programs; AND Restored using private funds, other than landowner funds, unless the funds are paid back with interest to the individual or organization that funded the restoration; and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement. Part B: Additional assurances (check all that apply): ® The wetland will be replaced before or concurrent with the actual draining or filling of a wetland. ❑ An irrevocable bank letter of credit, performance bond, or other acceptable security has been provided to guarantee successful completion of the wetland replacement. ❑ The wetland losses will be replaced via withdrawal from an account in the State Weiland 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 1 will at the same time submit proof of such recording to the LGU. To the best of my knowledge and belief, all information in Part II is true, complete and accurate; and I 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): ❑ Approved ❑Approved with conditions (conditions attached) ❑ Denied LGU ojTcial signature Date LGU has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland: C'owt1F where recorded Date Document # assigned by recorder LGU official signature Date Minnesota Local/State /Federal Application Forms for Water/Wetland Projects Page 6 I I 8900 AUDUBON ROAD 5 / 560 SF WETLAND ' O IMPACT. I cy- O I BLUFF CREEK i ' EXISTING BOX CULVERT � i 8941 AUDUBON ROAD I � r f \ SF SF PROPOSED CULVERT EXTENSION. i I i \ I 8950 AUDUBON ROAD 4 G 9 8 8 8 i e 8 I i c 8 's 8 8 1 900 895 890 885 880 875 870 865 €- 3. z o WZ v:l u � _ biaaY 6 O'CJ_ W o z w �7 z z w 0 5 10 20 w HORIZONTAL Zw ww SCALE IN FEET � aN V am o Z Zo =OV m 00 Z X LL- Za F Ld ooh F Q a 0 0 N Ti I JS .mm u +uu U +SU 1+00 1+50 EX. 8950 AUDUBON ROAD 6900 AUDUBON ROAD REMOVE CURB REMOVE 601E CATTLE PASS. . 4t REMOVE PIED RAMP REMOVE STREET/ STOP SIGN. 3 Ti EX. 1 rm i+ > - - - - - - - EX. 12" WM > - - - N 4 ER > > > > > > > > > 0 LO ............. Ld CTV Z C CTV CN CTV TV CTV mv cw CTV TV CTV CTV --- — — --- C -- - CTV CTV CTV —j C= z SAWCU'r SALVAGE HISTORIC HECK HOUSE SIGN, REMOVE SPEED REMOVE 32 LF STORM LIMIT SIGN. / SEWER. BULKHEAD CONNECTION TO BOX \ \ �-'� CULVERT. 8941 AUDUBON ROAD 0 16 30 so HORIZONTAL SCALE IN FEET LEGEN NOTES z z X - REMOVE TREE 0 - REMOVE SHRUB 1. SEE EROSION CONTROL PLANS FOR SILT FENCE LOCATION. 0 SALVAGE AND REINSTALL MAILBOX 2. INSTALL TEMPORARY MAILBOXES PRIOR TO MAILBOX REMOVAL TEMPORARY MAILBOX LOCATION TO BE DETERMINED BY THE ENGINEER IN THE FIELD. z 0 0 > CL,4 — — — — GRADING LIMITS. 3. ALL REMOVALS SHALL BE MARKED BY THE FIELD ENGINEER AND BECOME PROPERTY OF THE CONTRACTOR TO BE < DISPOSED OF OFFSITE. - TRAIL REMOVAL 4. ALL SALVAGED ITEMS SHALL BE STORED SAFELY UNTIL SUCH TIME THAT THEY ARE zo < A INSTALLED. m - REMOVE BIT PAVEMENT (ALL DEPTHS) Ix w o 0 + 5. REMOVE EXISTING BITUMINOUS PAVEMENT 0+75 TO 44+00 (ALL DEPTHS) z (L F= 0 it 0 z Z3 0 C 0 8850 AUDUBON ROAD REMOVE HYDRANT, GV & 5LF DIP. CONSTRUCT O PLUG. REMOVE HYDRANT 1751 SUNRIOCE COURT SAWCUT tP G t GV�STRUCT a PLUG TEE. I - REMOVE STOP -) 0 0 04 F: Y) x w SIGN. 0 . . ......... . . - .............. EX, 16" I'M EX. 12" WM - - \ . . . . . . . . . . .... . . . . . . . . . - %04 -E m . ....... .. . . . . .. . . . . . ...... ................ .......... . 6r .. 4 ...... .......... ..... ................ L E —R— C:) > > > - ------ > 0 0 61 � Lr) u Ld Ny �0" z CTV CTV C-D CW CTV CW CW CIV CTV C Clv X L J REMOVE 102 LF STORM SEWER. REMOVE 41 LF REMOVE 46 LF c) @ REMOVE MH. STORM SEWER. REMOVE STREET STORM SEWER. SIGN. I 0 0 0 1 � 8831 AUDUBON ROAD 0 0 15 30 60 GS is HORIZONTAL SCALE IN FEET — No. 14 61 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) City of Chanhassen Address: 7700 Market Blvd, PO Box 147 Chanhassen, MN 55317 City State ZIP Day Phone (952)227.1168 Other Phone (952)227.1160 3. OWNER / SELLER OF CREDITS Account No. 127 Watershed No. 33 County: Carver Bank Service Area 9 Name of Seller: City of Chanhassen Terranc _Name €Authorized Representative) S! r of Seller /Authorized Representative) 2. Impact Site Information County carver Major Wtrshd No.33 Bank Service Area 9 Location: '/4 NV/4 Sec 22, Twp. i 16N, Rge 23W ,Size of Wetland Impact: 0.01286 acres Wetland Types Impacted: 3 Wetland Plant Communities impacted"': Shallow Marsh Required Replacement Ratio: 2:1 WCA / local / COE Amount to be replaced using Bank Credits:0.01286 Amount replaced on site: 0 Project Name: Audubon Road Reconstruction Project Attach replacement plan if additional detail is needed. 4. Regulating Authority(ies) Approving the Use of Wetland Bank Credits Replacement Plan approved by (check all that apply): ® Local WCA LGU: City of Chanhassen (Print agency name) Local Permit #10-01 ❑ U.S. Army Corps of Engineers: Permit # ❑ MN Dept. of Natural Resources: Permit # ❑ Natural Resources Conservation Service: Permit # ❑ Other authority involved: 0 Enclosed 6.5% transaction fee, payable to "Board of Water & Soil Resources." 5. CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. 127 Credit NWC, PVC Acres Wetland Wetland Plant Community 3 Cost Sub - Group or SWC withdrawn Type' (per acre) A NWC 0.0257 3 Shallow Marsh $43,166 [pick one] [pick one] [pick one] [Pick One] [pick one] [Pick One) Totals: 1 acre = 43,560 sq. ft. Fee Total (Total cost x 0.065 = s72.11 Letters signify credit sub- groups, which represent wetland areas with different wetland characteristics. 2 Cireular 39 types: 1, I L, 2, 3, 4, 5, 6, 7, 8, R, U (for Upland Buffer). 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, shrub- cardaider thicket, hardwood swamp or coniferous swamp, floodplain forest, seasonally flooded basin, or upland buffer. See 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. Page I of 2 BWSR Form: wea- bank- 05- withdrawal.doc Revised 10/26/09 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 ect nd credits w' 1 be ut'lized for mitigation purposes. j Todd Gerhardt Aut tzed Signature of Proposed User of Credits PRINT Name Date 7. REGULATORY AUTHORITY APPROVAL(S) The following authorized representatives of the regulatory authority (ies) identified on page 1 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. Terrance Jeffery PRINT Name of WCA 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) 1 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, 5) l 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 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 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 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 of 2 BWSR Form: wca- bank- 05- withdrawal.doc 'vlull lo: 13.311 13o;ard «f 4- Sc)il dZc�c, €3rrc Revised 10/26/09 > 0 L afa%ettc NoWh Si. I'_ ?E31. SIN -;;1 �; CITY OF CHANHASSEN AFFIDAVIT 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 6, 2010, 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 Audubon Road Reconstruction Wetland Alteration Permit — Planning Case 10 -07 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. iu er a KIM T. MEUWISS Notary Public- Minnesota My Commission Expires Jan 31, 2015 Subscribed and sworn to before me this (o+�' day of MCW , 2010. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 18, 2010 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Wetland Alteration Permit in conjunction with the reconstruction of Audubon Road Applicant: City of Chanhassen Property Adjacent to Bluff Creek between 8900 & 8950 Audubon Road Location: A location map 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 project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /sery /plan /10.07.html If you wish to talk to someone about this project, please contact Terry Questions & Jeffery by email at tieffery @ci.chanhassen.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 commercial /industrial. • 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 something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 18, 2010 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Wetland Alteration Permit in conjunction with the reconstruction of Audubon Road Applicant: City of Chanhassen Property Adjacent to Bluff Creek between 8900 & 8950 Audubon Road Location: A location map 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 project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /sery /plan /10.07.html If you wish to talk to someone about this project, please contact Terry Questions & Jeffery by email at tieffery @ci.chanhassen.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 commercial /industrial. • 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 something to be included in the report, please contact the Planning Staff person named on the notification. BARRY L & SUZANNE L LIBENGOOD CHRIS B & LESLIE J ERICKSON CYNTHIA F BONGARD TRUSTEE 8950 AUDUBON RD 1831 SUNRIDGE CT 8831 AUDUBON RD CHANHASSEN MN 55317 -8412 CHANHASSEN MN 55317 -9663 CHANHASSEN MN 55317 -9407 DANIEL K & ROBIN L EDMUNDS 1861 SUNRIDGE CT CHANHASSEN MN 55317 -9663 DARYL W & CATHERINE M HARTSEL 1851 SUNRIDGE CT CHANHASSEN MN 55317 -9663 DENNIS CHADDERDON 8900 AUDUBON RD CHANHASSEN MN 55317 -8412 IND SCHOOL DIST 112 11 PEAVEY RD CHASKA MN 55318 -2321 JEFFREY W & GAIL H MOODY 1800 SUNRIDGE CT CHANHASSEN MN 55317 -9663 LOIS R DEGLER 9111 AUDUBON RD CHANHASSEN MN 55317 -9412 MICHAEL J & JOANNE COCHRANE STEPJEN J & MARY P MONSON TIMOTHY C BOYCE 1751 SUNRIDGE CT 8850 AUDUBON RD 8941 AUDUBON RD CHANHASSEN MN 55317 -9663 CHANHASSEN MN 55317 -9407 CHANHASSEN MN 55317 -8412