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CC Staff Report 06-14-2010 1100 MEMORANDUM TO: Todd Gerhardt, City Manager id.. CITY FROM: Terry Jeffery, Water Resource Coordinator /'i CHANHASSEN DATE: June 14, 2010 OW 7700 Market Boulevard PO Box 147 SUBJ: Audubon Road Reconstruction Wetland Alteration Permit Chanhassen, MN 55317 Planning Case 2010 -07 Administration PROPOSED MOTION: Phone: 952.227.1100 Fax: 952.227.1110 "The Chanhassen City Council approves the Wetland Alteration Permit subject to the conditions of approval as specified on pages 3 -4 in the staff Building Inspections report, and adopts the Planning Commission's Findings of Fact of May 18, Phone: 952.227.1180 2010." Fax: 952.227.1190 Engineering City Council approval requires a majority vote of City Council present. Phone: 952.227.1160 Fax: 952.227.1170 EXECUTIVE SUMMARY Finance . Phone: 952.227.1140 The City of Chanhassen is proposing to reconstruct Audubon Road from Lyman Boulevard Fax: 952.227.1110 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 Park & Recreation storm sewer conveyance system, the construction of a mixed -use recreational trail, and other • Phone: 952.227.1120 appurtenant facilities. This project is needed to meet the existing and anticipated average Fax: 952.227.1110 daily trips generated on this road. Recreation Center In order to accommodate the trail extension, 560 square feet of wetland will be permanently 2310 Coulter Boulevard impacted when the box culvert which conveys Bluff Creek is extended eight feet westward. Phone: 952.227.1400 Fax 952.227.1404 Compensatory mitigation for the impacted wetlands will be accomplished through the withdrawal of wetland credits from the Minnesota Wetland Bank Account #127 owned by Planning & the City of Chanhassen. Natural Resources Phone: 952.227,1130 PLANNING COMMISSION ACTION Fax: 952.227.1110 On May 18, 2010, the Planning Commission reviewed and voted unanimously (5 -0) to Public Works recommend approval of the Wetland Alteration Permit. The Planning Commission minutes 1591 Park Road are Item 1 a of the City Council packet. Phone: 952.227.1300 Fax: 952.227.1310 RECOMMENDATION Senior Center Phone: 952.227,1125 The Chanhassen City Council approves the Wetland Alteration Permit subject to the Fax: 952.227.1110 conditions on pages 3 and 4 of the attached staff report. Web Site ATTACHMENT www.ci,chanhassen.mn.us 1. Staff report dated May 18, 2010. 2. Findings of Fact. 3. Wetland Alteration Permit. g: \plan\2010 planni ca es \10 -Q7 a ubon rp d e st do w \ ta r rt.doc aGtian lasses Is a ommumty t Lite roviaing toriod ana iamm�g for Tomorrow PC DATE: May 18, 2010 IOW CC DATE: June 14, 2010 C ITY OF CHANHASSEN REVIEW DEADLINE: June 15, 2010 CASE #: 2010 -07 BY: TRJ PROPOSED MOTION: "The Chanhassen ' ., . - - _ _ . _ _ 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. LOCATION: Bluff Creek — a public water between properties 8900 and 8950 Audubon Road (PIDs 25- 8250010 and 25- 8090020) in Carver County, Minnesota. APPLICANT: City of Chanhassen Attn: Todd Gerhardt, City Manager 7700 Market Boulevard, P.O. Box 147 Chanhassen, MN 55317 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: 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 ' ., ... _ . _ 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 cc.doc `r ..., (,,, D = 4 ' " J NE mC: MO i il < m vomilvIPP moo o X 41-rviim 0 m , .r r , 1 a s r - • vi.,.11, k vi ...,..two. : - A 1111111111 NOR AUpU � . Er VP . p N R rmir. Ab 4 W k- Oft •IL • All 41111 i " Mau 41 *040 - 4 *...V W I* a ''p 4 , l are " ' 0 ", ar 4 - ''' . g. A_ iil Ell p i l millits" 4 rIliLkw411111V._ r " 1111 ---- 1;ngliBLIWerj a b l e illp 0 A 4 ■ it s AV e II, : Vpii :v. v 4.0 44 • ': 94111111t11 rib. 0 .stj w e.,_),,,....,, A IMUSI4d*W 41 4:115F- I" z :1 - '1/41 ....,-i ilk N - 1 ir caw .....„4,E. ..\ Tv Pik - - 1 - ■ • at'' s 11 •10411 `A 2.1 ,--14 a fie. 1 9 il f _2- z N rn 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 1. 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. 1 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 BY: 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 2010 Type of Application (check all that apply): ❑ Wetland Boundary or Type ❑ No -Loss ❑ Exemption p ❑Se quencing ® Replacement Plan ❑ Banking Plan Summary and description of proposed project (attach additional sheets as necessary): 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. t' 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 Comments must be received by (minimum 15 Terry Jeffery business -day comment period): Water Resources Coordinator May 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 Signatur . Date: 61.22 BWSR Forms 11 -25 -09 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): DNR TEP member: Mike North ❑ DNR Regional Office (if different than DNR TEP member) ® WD or WMO (if applicable): Mark Enochs, CH2Hil1 ❑ 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 only) 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_TEP_contacts.pdf > Department of Natural Resources Regional Offices: 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 Bemidji, MN 56601 Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 For a map of DNR Administrative Regions, see:.http: / /iiles.dnr. state .mn.us /aboutdnr /dn regions.pdf >For a list of Corps of Project Managers, see: www.mvp.usace. army. mil /regulatory /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 ❑ i — _ s BWSR Forms 11 -25 -09 Page 2 of 2 Memorandum CITY OF CHANHASSEN TO: Greg Grazcyk, Carver County SWCD Ken Powell, MN BWSR !arkc±y�J ear, Christina Carballal, US ACOE P9 3.-J 147 John "Jack" Gleason, MN DNR Ottann MN 31' Michael North, MN DNR COPY: Mark Enochs, CH2MHill for RPBCWD Administration rho: ":e: 952.22 .11 Fax 52.22 DATE: April 22, 2010 Building Inspections RE: Chanhassen Project PW 10 -02: Audubon Road Reconstruction Project Pnana . 113 0 Joint Notification Application Fax: 952.227.119C Engineering Phone. 9'2.: Fax: 952. 27. i 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 ^; o"e 952.227.1140 to Bluff Creek in Chanhassen, MN. The impact is a result of extending the box culvert Far : 932 227.1110 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 PIO e: 952.227.11120 Also included with this submittal is an exhibit, prepared by SRF showing the delineated Pa':: 952.227.1110 wetland boundary, a drawing of the culvert in both plan view and cross - sectional view Recreation Center and an application for withdrawal of wetland credits. 2310 C i4er L ute` +a`3 Poe 95222; 1400 Comments will be accepted until May 10, 2010. Please direct your comments to: 9� " 71,! *2x: 2t2i �(;4 Terry Jeffery Planning& Water Resources Coordinator Natural Resources City of Chanhassen Ptret 952.227.1130 7700 Market Blvd, PO Box 147 Fax: 952.227.1110 Chanhassen, MN 55317 Public Works tiefferv@ci.chanhassen.mn.us Prat : 952.227.130o ~a: +:9:52.227..2 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. P re: 952.22! .. 1. 23 of 252.22.110 Web Site rnr Chanhassen is a Community for Life - PtrAng fot Today Planning NA- 026620 -0313 (V2.02 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 1. 1. LANDOWNERIAPPLICANT CONTACT INFORMATION (See Help 1) Name: City of Chanhassen, Attn: Todd Gerhardt Phone: 952.227.1100 E -mail: terhardt@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. 4 of Waters Impacted (if applicable; if known): Bluff Creek (Check all that apply): ❑ Lake ® River ❑ Circular 39 Wetland type: 1:3 1, ❑ 1 L, ❑ 2, ❑ 3, ❑ 4, ❑ 5, ❑ 6, ❑ 7, ❑ 8 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 -care /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 4: City (if applicable): Chanhassen '/, Section: NE Section: 22 Township 4: 116N Range 4: 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 MAP. 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 wI 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. l 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 un ertake the work described, or I am acting as the duly authorizer !eta ofthe applicant. ignature of applicant (Landowner) Date Signal e o agent (if applicable) Date This block must be signed by the person w ho &sires to undMake the proposed activity and has the necessary property rights to do so. limb' the Agent has signed. please attach a separate sheet sighed by the Landowner, giving necessary authorization to the Agent. 'See {f'edand Manes and Plant Communities of.srinnesora and Wisconsin (Eggers and Reed. 199?/ as modified by the Board of water and Soil Resources, United States Army Corps of Engineers. Minnesota Local/State/Federal Application Fonts for Water /Wetland Projects Page 1 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT (33 CFR 325) OMB APPROVAL NO. 0710-003 Expires Dec 31, 2004 The public burden for this collection of information is estimated to average 10 hours per response. although the majority of applications should require 5 hours or less. This includes the time for 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, VA 22202 -4302: and to the Office of Management and Budget, Paperwork Reduction Project (0710 - 0003), Washington. DC 20503. Respondents should be aware that notwithstanding any other provision of law. no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a 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. Section404, 33 USC 1344: Marine Protection, Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal purpose: Information provided on this form will be used in evaluating the application for a permit. Routine uses: This information may be shared with the Departrnent of Justice and other Federal. state, and local government agencies. Submission of requested information 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. 12. 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 only when included as part of this entire state application packet. 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) City of Chanhassen, Attn: Todd Gerhardt I Eaati - 5 tcse v. V 16so•xc ' teno,.., *,on 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 7. APPLICANTS PHONE NO. 10. AGENTS PHONE NO. 11. STATEMENT OF AUTHORIZATION (if applicable; complete only if authorizing an agent) I hereby authorize to act on my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of thia app` lication. �; Q APPLICANT'S SIGNATURE: ./' � ✓ ," _ - DATE: 'I - 2 / ^( / 12. PROJECT NAME OR TITLE (> i 13. NAME OF VVATERBOI IF KNOWN (tf a pp t i c able) 114. P STREET ADDRESS (if app 15, LOCATION OF PROJECT, 10. OTHER LOCATXON DESCRIPTIONS, IF KNOWN (sceinstructions) . 17. DIRECTIONS TO TIM SITE 18. NATURE OF ACTIVITY 19. PROJECT PURPOSE 2 0. REASON(S)FOR DISCHARGE 21, TYPES OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH. IN CUBIC YAMS 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 APPROVALSIDENIAL.S RECEIVED -FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR WORK DESCRIBEDIN THIS APPLICATION, . 26. Application is hereby made for a permit or permits to authorize the work described in this application. l 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 Qf , t a applicant. � ( f f ? ! � 1 � -Zl-to � .,p,.‘ 1,0 ' of applican Date Signar" rfagent(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 tilled 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 LocaUState +Federal Application Forms for Water(Wetland 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 11 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 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 LocaliState/Federal Application Forms for Water /Wetland Projects Page 3 Instructions For Part I1 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 II), 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 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 I1: 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: ❑ 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 1 (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 1 for addresses). Minnesota Local/State /Federal Application Forms for Water /Wetland Projects Instructions Page 3 PART 11: REPLACEMENT PLAN SUPPLEMENT For assistance in completing Part 11, contact your Luca/ Government Unit or a professional consultant 11. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: I) Use one row of boxes for cach 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 chart for more impacts, if needed) DESCRIPTION OF WETLAND IMPACTS Wetland impact Watershed Watershed Wetland plant Predominant Size of area Existing land use in project (as noted on name or and Bank community vegetation in impacted area (check all that apply) overhead view) number (if Area Ce type impacted (In acres or known) wetland area square feet) 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 ❑ Farmsteads /agricultural ❑ Vacant lands ❑ Public and semi - public (schools /gov't facilities) Second ❑ Airports ❑ Extractive (gravel impact pits /quarries) ❑ Other: 'If you are identifying only one wetland type within a given wetland impact area. use the first Boned 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 wetiand 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 ®) Wetland plant community type 1 : 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. . 1 See Welland 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. 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): tEl A. Wetland banking credits only Complete Application for Withdrawal of Credits Form and include with your application. Copies of this form are available from your LGU. or download a copy from www.bwsr.state.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 fOr Withdrawal of Wetland Credits Fonn and include with your application. Copies of this form and the wetland banking application is available from your LGU, or download a copy from www.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 fo llowing: 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 WETL4ND CONSTRUCTION. 16. SURPLUS WETLAND CREDITS: If using 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? ❑ 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 www.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 chart fir more wetland replacements, if needed) DESCRIPTION OF REPLACEMENT WETLANDS Identify Watershed County Section, Wetland Type(s) of replacement credits Restored Wetland name or Township, Plant (in acres or square feet) or replacement number Community created? site (if known) Ran Type New Wetland Public Value Indicate (as noted on Bank Service Credits (NWC) Credits (PVC) R or C overhead view) Area Name of First replacement site Name of Second 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 identify 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 Wetland 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 LocaliStateiFederal Application Forms for WaterrWetland Projects Page 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 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. ❑ 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 knowledge and belieff, all infomtation in Part II is true, complete and accurate; and 1 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 WETLAND BANKING AND PROJECT - SPECIFIC REPLACEMENT: Part A: The replacement wetland. 1 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 focal government unit in writing that the restored wetland may be considered for replacement. Part 8: Additional assurances (check all that apply): ® The wetland will be replaced before or concurrent with the actual draining or tilling 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 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 knowledge 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): ❑ Approved ❑Approved with conditions (conditions attached) ❑ Denied LGU nfficial 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 hy recorder LGUofcial signature Date Minnesota Local!State %Federal Application Forms for Water /Wetland Projects Page 6 /0/ i / 8 1 1 0o m E P. m ao 0o 8 1 7 I m � �. aB au � m o f � cn O cn O N O N O c qa J1111, I IIIIll =F2 I u ►1 1 1 IilHMOHMhIMIDIOIMhIOh I . o 1111101—.... - O�'�''I! ill" ' , ' 1p \-- 11 1101 I ),,- ..,, . . re ' . i • ilspit - . glom RIIfIIIIIIIIIIIIIIIIIII�IIIIIIIIIIil�llli I1II1011 ��"�al, MIHhI IIlllhIffIflIEIIIIIIIOhIIIIIHllliIQhI IImbuhIH N I 1 T ' IIIJi _______ -- 1 1111 1 / illii.. VIII AUDUBON ROAD + I 1 1 _ Ali - - - . :.' P liiii r N I � Q �o x h 1 1 I 1 N O Co O Co O N O i . . ! It \:i/ q OA.E REVISIONS - BY CITY OF CHANHASSEN 11111 Of g tiny �` pl• wa• u m X a _ 2010 AUDUB PR 1 IM a m om" '� N WETLAND IMPACT W CHANHASSEN :, EXHIBIT - ...... NC Ocp moor MIT .n..no uc NO. - - - MATCH LINE 7+50 _1i _si kw -ow 1 r P - .....a i i I pp.■- Isp • ! .„- c o 0 pm ii r !l P 0 r — I . '1-. 7,•- °C) * 1 I 0 0 X > C : \ \ ' ‘, • , . -4.. A 6 A r --- , 0 • R.:,,,, , . ___ it 1 , , d 1 " . ..)--\ ,.........y_ ,--„,.- _.;:,......,_,....■ - 1241,,,,,„ 1 , 1 1 .14 - .5,,,f• 4. 0 - - , t -•0.6,:) /1% r ., in 1 1 aP. • e":: -. g . a .--- .,;;0„:47,,, , A A -- ‘-1 E C) e \ ,IiiON fig 1 FA IT _1 I v i i ::gr t,1 IT 1 Form II : lo.g mo l I1 I 'u4c tqa, A •F I I "At - I I' gg 0 Fzilv - li "I • I t I- 1 • 5 • ,e. d .TV' - .. , ' * 4 Wf - I fr I , P _ 1 ‘, ,, 2 e I 2g I NO I I le t- ... k. 1 1 , P P P P r , - - I I I I i $ i r I I I ... '''''''eA4A . • ; Q , - t4 ' ::-.;:t2 1 iE 1 • ,•4, 1 R m 4 „ , . IlirPri :•_ -, § . 11 0 1 i §. i geitOrs is I it I Vtki4 II I 1 tr,S ,.. 1 --11112 '1:1181' (ft$ .,, 8 w 1, ' - A ,.. , „. p 6 ..,, g m .2 ••• --- AltAll" . - * 1 pa 0 Li 1 r 11.fli! . . g 1411 - ..^. 4 ■......... ,,, 2p.,. 3 1 WA: - -- -n 8mq 2. I( 5 FANIi ,,,E 13'4 g a la I ttli - OM Ir ' * 2 PP I PE I i4.ci - R *. - -'111 :' - --1111111141 • r w. - 4 1 L , 4 1 i 1 q - 1 ig pa , I.§ li .... -- 1 0 C , 11 L y : ' ■ i ■ \ i 4 "z.-*:,,k,',,',590•6‘,0 0 0 fx4' Ao-A:toe.- 0 . „ X' iS ••/. . --" ow* __ ._ IA I , , 1 \ .; e t 1 , , \ * 4".1 - .,•,4 , j '' ''.; s• I 1 emli.,, 1 \,-, id - A -- --- • v-..-.), I `') g41 1 .- 4,11L, el - 74- ! 1 p Z,;k,, \ - 00 1 _---- 1 it- \O -- 9 1 1 XP' ...._ ,....?„,.. _ ,,,, 1, * MATCH LINE 15+0 MATCH LINE 7+50 1 '; ‘V 2v a 1 2 9 (by) R L. ■ g 44. 1 , OATE RENSICNS BY CITY OF CHANHASSEN \ fg 1 2010 AUDUBON ROAD IMPROVEMENT ITIYOF - = , ---1,--,..--- CITY PROJECT 10-02 cn EXISTING COND111ONS/REMOVALS PLAN 0 MAME g" till STATION 0+00 TO 15+00 — ■ — APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS FROM THE MINNESOTA WETLAND BANK Return Original to BWSR — Transaction may not be processed without original signatures 1. PROPOSED USER OF CREDITS 2. Impact Site Information County carver Major Wtrshd No.33 Name(s) City of Chanhassen Bank Service Area 9 Address: 7700 Market Blvd, PO Box 147 Location: 1 /4 NE% Sec 22, Twp.116N, Rge 23W Chanhassen, MN 55317 Size of Wetland Impact: 0.01286 acres City State ZIP Wetland Types Impacted: 3 Day Phone (952)227.1168 Wetland Plant Communities impacted Shallow Marsh Required Replacement Ratio: 2:1 WCA / local / COE Amount to be replaced using Bank Credits:0.01286 Other Phone (952)227.1160 Amount replaced on site: 0 Project Name: Audubon Road Reconstruction Project Attach replacement plan if additional detail is needed. 3. OWNER / SELLER OF CREDITS 4. Regulating Authority(ies) Approving Account No. 127 Watershed No. 33 the Use of Wetland Bank Credits Replacement Plan approved by (check all that apply): County: Carver Bank Service Area 9 ® Local WCA LGU: City of Chanhassen (Print agency name) Name of Seller: City of Chanhassen Local Permit # 10 -01 ❑ U.S. Army Corps of Engineers: Permit # Tetrranc Y - . : Representative) � . - €-Authorized Representat ❑ MN Dept. of Natural Resources: Permit # tp�/ f lof Seller /Authorized Representative) 0 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 s Cost Sub- Group or SWC withdrawn Type` Wetland Plant Community (per acre) A NWC 0.0257 3 Shallow Marsh S43,166 [pick one] [pick one] [pick one] [Pick One] [pick one] [Pick One] Totals: i acre = 43,560 sq. ft. Fee Total (Total cost x 0.065 = S 72.11 Letters signify credit sub - groups, which represent wetland areas with different wetland characteristics. 2 Circular 39 types: 1, 1 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- carrtalder 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 1 of 2 BWSR Form: wca- 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 •Ject r: nd credits w' 1 be ut'lized for mitigation purposes. 1 Todd Gerhardt a2.?-1?) Auto ized 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 1 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, 5) I will not have a negative balance of credits after the subject credits are debited from my account, and 6) the Annual Fee for this account has been paid (or will be with an enclosed check). Authorized Signature of Owner / 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 :vt3i1 10: 13.xrti: Coi.rtlitlator. Boat d of '+W 3t::r & Saii R otrrccs Revised 10/26/09 5 ct,e Road "col ih Sr. 1<uri. A1\ 55155 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. OP . i lk ; i K. en J. E f D .ut Clerk Subscribed and sworn to before me this (h day of (nas.,j , 2010. . f ° rs. KIM T. 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O. +. 0 U) E 0 .. p E. cc� oN d.0 E E U cOOc°)0at ' m '' V O Q O U .C+4-' o >,MMMa -cF 0ta c 2 o a ° ) c o c0 0 )_ 0.i O }, = 0 c)ccd co )H 200 23 ain a co 0. c0 as 43 0 J a aaJ C5 Q0 0. • • 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 DARYL W & CATHERINE M HARTSEL DENNIS CHADDERDON 1861 SUNRIDGE CT 1851 SUNRIDGE CT 8900 AUDUBON RD CHANHASSEN MN 55317 -9663 CHANHASSEN MN 55317 -9663 CHANHASSEN MN 55317 -8412 IND SCHOOL DIST 112 JEFFREY W & GAIL H MOODY LOIS R DEGLER 11 PEAVEY RD 1800 SUNRIDGE CT 9111 AUDUBON RD CHASKA MN 55318 -2321 CHANHASSEN MN 55317 -9663 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 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 1. 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. 1 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 will 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 BY: Its Chairman 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WETLAND ALTERATION PERMIT #2010 -07 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a wetland alteration permit to allow for 560 square feet of permanent wetland impacts. 2. Property. The permit is for property situated in the Cities of Chanhassen and Chaska, Carver County, Minnesota, described as follows: Bluff Creek, a Water of the State of Minnesota, west of Audubon Road at the convergence of property 25- 8080020 and 25- 8250010 in Carver County, Minnesota. 3. Conditions. The Wetland Alteration Permit was approved as shown on the plans dated April 23, 2010 and subject to the following conditions: a. The applicant shall submit the Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank to the BWSR Wetland Bank Administrator and no impacts to wetland shall occur prior to the local authorities, the account holder and the user of the credits having received a letter of approval from the Wetland Bank Administrator stating that these credits have been debited. b. 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. c. A DNR Waters permit shall be received from the Minnesota Department of Natural Resources prior to any work within the wetland or Bluff Creek. d. 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. 1 e. Every reasonable effort shall be made to insure that no sediment or sediment laden waters are discharged to this wetland. f. 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. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: June 14, 2010 CITY OF CHANHASSEN By: Thomas A. Furlong, Mayor SEAL By: Todd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2010, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public DRAFTED BY: City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 (952))227 -1100 g: \plan\2010 planning cases \10 -07 audubon road reconstruction wap \wetland alteration permit.doc 2