MN Wetland Conservation Act Notice of DecisionIU —Ia-
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit (LGU) Address
City of Chanhassen 7700 Market Boulevard, PO Box 147
Chanhassen, MN 55317
1. PROJECT INFORMATION
Applicant Name
Project Name
Date of
Application
Lennar
Lakeview
Application
Number
11/16/2010
2010 -04
Attach site locator map.
Type of Decision:
® Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing
❑ Replacement Plan ❑ Banking Plan
1 ecnmcal Evaluation Fanel
❑ Approve
and Recommendation (if
® Approve with conditions
❑ Deny
Summary (or attach): BWSR has noted the following issues to be resolved.
Data Form A -1 incorrectly identifies hydric soil indicator A2. The profile description does not
match this indicator. However A6 is correctly denoted, and A3 is met as well.
Data Form A -2 incorrectly identifies hydric soil indicator F3. The profile description does not
match this indicator. Indicator Al2 could be met, but the soil profile does not go deep enough.
The described profile does not conclusively indicate whether the soil meets a hydric soil
indicator or not. However, the sample point can be classified as nonwetland based on the lack of
hydrophytic vegetation and hydrology indicators.
Data Form A -2 indicates a shrub /sapling plot size of 30 ft rather than the recommended 15 fee
2. LOCAL GOVERNMENT UNIT DECISION
Date of Decision: December 13, 2010
❑ Approved ® Approved with conditions (include below) ❑ Denied
LGU Findings a nd Conclusions (attach additional sheets as necessary):
The City of Chanhassen has reviewed the delineation report prepared and provided by Graham Environmental
Services, Inc. One wetland was identified and delineated on site, included in this report. As the LGU
responsible for administration of Minnesota R. 8420, we concur with the delineated boundaries as shown, with
the following exception:
The delineation boundary must be adjusted such that no portion of the delineated boundary is below the 868'
contour, in order to remain in compliance with Army Corps of Engineers Construction - Operations Regulatory
Permit 95- 00665- NW -GAE. (Attached)
As LGU, we concur with the wetland type identified in the report with the following exception:
While it is agreed that much of the wetland fringe should be classified as seasonally flooded palustrine
deciduous forested (PFOIC) or Type 1, the rest of the basin is flooded throughout the growing season on most
years, and should be classified as semi - permanently flooded palustrine emergent (PEMF), or Type 4 deep
marsh.
BWSR Forms 11 -25 -09 Pagel of 3
This concludes our review. Upon the revision of the delineated boundary including the exceptions.noted above,
the revision of the data sheets as noted under the TEP recommendations and the provision of the revised
materials and electronic representation ( *.shp or *.dwg), as well as flag locations, if possible, this delineation
will be considered approved.
For Replacement Plans using credits from the State Wetland Bank:
Bank Account # Bank Service Area County Credits Approved for Withdrawal
(sq. ft. or nearest .01 acre)
Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the
approval of a Wetland Replacement Plan is conditional upon the following:
❑ Financial Assurance: For project - specific replacement that is not in- advance, a financial
assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule
8420.0522, Subp. 9 (List amount and type in LGU Findings).
❑ Deed Recording: For project - specific replacement, evidence must be provided to the LGU that
the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland"
forms have been filed with the county recorder's office in which the replacement wetland is located.
❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that
BWSR has withdrawn the credits from the state wetland bank as specified in the approved
replacement plan.
Wetlands may not be impacted until all applicable conditions have been met!
LGU Authorized Signature:
Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255,
Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as
specified above. If additional details on the decision exist, they have been provided to the landowner and
are available from the LGU upon request.
Name
Title
Terrance Jeffery, WDC
Water Resources Coordinator
Signature
Date
Phone Number and E -mail
12/14/2010
952.227.1168
t'effe ci.chanhassen.mn.us
appropriate authorities before commencing work in or near wetlands.
Applicants proceed at their own risk if work authorized by this decision is started before the time period
for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be
responsible for restoring or replacing all wetland impacts.
This decision is valid for three years from the date of decision unless a longer period is advised by the
TEP and specified in this notice of decision.
3. APPEAL OF THIS DECISION
Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a
petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of
this Notice to the following as indicated:
Check one:
Appeal of an LGU staff decision. Send El Appeal of LGU governing body decision. Send
petition and $ fee (if applicable) to: I petition and $500 filing fee to:
BWSR Forms 11 -25 -09 Page 2 of 3
Executive Director
Minnesota Board of Water and Soil Resources
520 Lafayette Road North
St. Paul, MN 55155
4. LIST OF ADDRESSEES
SWCD TEP member: Greg Graczyk
BWSR TEP member: Ken Powell
H LGU TEP member (if different than LGU Contact):
N DNR TEP member: John "Jack" Gleason
❑ DNR Regional Office (if different than DNR TEP member)
® WD or WMO (if applicable): Riley- Purgatory Bluff Creek Watershed District
Applicant and Landowner (if different)
® Members of the public who requested notice:
Nicholas Polta, Pioneer Engineering
Joe Jablonski, Lennar Corporation
® Corps of Engineers Project Manager
❑ BWSR Wetland Bank Coordinat (wetland bank plan decisions
5. 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.
1201 E. Hwy. 2
1200 Warner Road
261 Hwy. 15 South
NE
Grand Rapids, MN 55744
St. Paul, MN 55106
New Ulm, MN 56073
Bemidji, MN 56601
For a map of DNR Administrative Regions, see: htip://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf
➢For a list of Corps of Project Managers, see:
www.mW.usace.aniiv.mil/re.zulatoI3L/default.asp?12ageid=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
6. ATTACHMENTS
In addition to the site locator map, list any other attachments:
® Army Corps of Engineers Construction - Operations Regulatory Permit 95- 00665- NW -GAE
® GES Delineation Report, Figure 3.
BWSR Forms 11 -25 -09 Page 3 of 3
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Figure 1. Site Location Map
G Lennar — Chanhassen Site
E S\ Chanhassen, Minnesota
GES Project No. 2010.028
Graham Environmental Services, Inc.
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Graham Environmental Services, Inc.
Figure 3. Aerial Photo with
Approximate Wetland Boundaries
Lennar — Chanhassen Site
Chanhassen, Minnesota
GES Project No. 2010.028
Construction- oparatLons
Regulatory (95- 00665 -NW -CAE)
Hs. Diane Desotelle
Water Resources Coordinator
City of Chanhassen
690 Coulter Drive
P.O. Sox 147
Chanhassen, Minnesota 55317
Dear Xs. Desotelle:
We have reviewed the information provided us concerning the City of
Chanhassen'■ proposal to excavate 2.83 acres of wetland adjacent to Lotus Lake
and Rice Harsh Lake to facilitate the construction of ■tormwater detention
basins as part of the City's Surface Water Management Plan (SWMP). The
project also includes the utilization of an existing basin for stormwater
management purposes which in located adjacent to Lake Riley. The project
areas are located in Sections 1, 13 and 24, T. 116 N., R. 23 W., of Carver
County, Minnesota.
I have determined that the project is eligible for authorisation under an
existing nationwide Department of the Army permit as defined in 33 Pode of
Federal Regulations (CFR) 330, Appendix A Section 8(26) provided the work is
accomplished in compliance with the enclosed Nationwide Permit Conditions and
the following special conditionse
1. As mitigation for the proposed wetland excavation work as part of the
SWMP, the parmittee shall expand an existing wetland as shown in Figure 6 of
the attached drawing entitled "Water Quality Improvements for Pond LR -P1.9^
and dated September 1, 1994. This wetland area shall be oxpanded as followst
a. The existing 24 -inch outlet culvert extending from pond LR -P1.9
to Lake Riley shall be replaced with a 30 -inch equivalent arch culvert set at
elevation 868.0 feet to create additional shallow marsh (Type 3) wetland by
impounding water, to a depth of 2.5 feet, over 9.6 acres of adjacent upland,
b. No skimmer structure shall be installed or attached to the
outlet culvert from pond LR -P1.9 which in any way would impede or inhibit the
migration of spawning fish from Lake Riley into this wetland complex.
C. To facilitate fish spawning and improve the water quality in the
east basin of the expanded wetland, the parmittoo shall transplant emergent
plants consisting of a mixture of bur -rood, soft atom bulrush, water iris,
piekerelweed and arrowhead in this basin.
2. The mitigation work shall be implemented prior to or concurrent with
the proposed wetland dxcavation activity.
r
3. All material excavated from the wetlands shall be disposed of in
upland areas that will not allow the movement of sediments back into wetlands
and /or waters of the United States.
4. The permittea shall monitor the development of the wetland /pond at
the mitigation site and provide the St. Paul District, Corps of Engineers,
with a report and photographs documenting the establishment /expansion of this
basin on an annual basis to substantiate the functioning of this ecosystem.
The first report and photographs shall be submitted by ,Lune 1, 1995, and each
year thereafter by June 1, for a period of five years.
5. The parmittee shall take all necessary precautions to minimize soil
erosion and sediment loading of the wetland basins that would be impacted by
the proposed activity. Sedimentation and erosion control devicos shall be
used during construction activities to preclude siltation of these basins and
adjacent waterways.
It is the city's responsibility to ensure that the work complies with the
terms of this letter and the enclosures. Furthermore, it is the City's
responsibility to obtain all required State and local permits and approvals
before commencing with the project.
If you have any questions, please call Cary Elftmann of this office at
(612) 290 -5355.
Sincerely.
Ben Wopat
Chief, Regulatory Branch
Enclocures
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CENCS -CO -R (95- 00665- NW-GAE, City of Chanhassen)
and
WATERWAY(S)S wetlands adjacent to LO acted a by ,
the ° proposed L proj ect.
Riley Lake would be imp
Pro sites are located in Sections 1, 13 and 24,
LOCATION(S)s j R. 23 W., of Carver County, Minnesota.
T. 116 N.,
BANGLE /NATIONAL WETLAND INVENTORY MAPS: Excelsior /Shakopee MN quads
USGS QUAD Excelsior /Shakopee NWIs.
art of the applicant's
' 'PROJECT DESCRIPTION AND PURPOSES This project p involves excavating
The
SWMP) • pr
R:.,.' Surface Water Management Plan ( 83 acres. At a third site adjacent
stormwater detention basins in wa�t8nbeingj2cent to Lotus Lake and Rice Mars
with the total wetland imp basin, without
Laks,: applicant proposes to utilize an existing
=` to Lake Riley,
the app for stormwater management purposes•
excavating or placing fill material, By so
'2� would create 9.6 acres of additional wetland by removing the
doing,•,the City
in= place'.24 -inch culvert and replacing it with a 30 -inch culvert, purpose of the
elevation 2.5 fsr.at hireserveaand enhance n the uCity,stwater resources. This
alit
= SWHP is -to protect+ P the stormwater quantity and quality
perspective, lace while
ideistifies, , from a Ce�;ional. pe , pe
s' ip rovements neceerary t? allow f development It alsoeidentifies p rojects
`minia►izing its impact to downstream orat ting water qu ality conditions in developed
`_that are necessary to improve the exis wate Y
rsheds within thecoremunity. It sould be noted that the initial SwMP
wate wa s previously reviewed and found. to be
project' ma Drive of Engineers.
at Y 1)
li ibls for a nationwide permit by the St. Paisl District, Corps
e q
including wetlands),SUBJECT To LOSS: About 2.8 acres
"piREA'MM TYPES OF WATERS ( e 6 wetland
3 wetland and scrub -shrub ( ) acted by
of.shallow fresh marsh (Type )
adj acent to Lotus Lake and Rice Marsh Lake would be significantly imp
the proposed activity. art of
a mitigation for the proposed wetland eexistingnshallowsmarsh,
MITIGATION: A City proposes to expand an xiating
the applicant's Ste+ the C 3/5/6) wetland complex located adjacent to Lake
open water, scrub -shrub (Type replacing the e xisting outlet
Riley by 9.6 acres. This would be accomplished by present
cu with a new culvert set at an elevaationbasinfoft5 .2g h e
acr esbeingexpanded
structure. This would result in the existing
to 14.6 acres- it This
rlP ,.
roposes to establish a wetland ban 16 f acres e of we
of and
The applicant also p
would consist of creating and to approximately
q /3) at a site
shallow mar adjacent to County Road 17, south of Lake
sh (Type the spring of
Susan. This mitigation work is scheduled for construction during
1995.
2
A
i
1. In accordance with 33 CFR 330, Appendix A, Section c.13, dated November 22
1991, the following information regarding a discharge under the nationwide
permit at 33 CFR 330, Appendix A, Section B. 26, is forwarded to you.
2. This memorandum constitutes the Regulatory Branch reoLymnerdstion as to
be required.
whether or not an individual permit should
"' ublic interest review for
3. Your determination is requested as to whether a p
an individual permit should be required.
4. Project infor mationt
} i
DISTRICT CONTACT: Gary +A. Elftmann
(612) 290 -5355
TELEPHONE: i .s
APPLICATION NUMBER: 95- 0066551- NW-GAE
PROJECT NAME:
..FOX PATH /CHANHASSEN ESTATES /RILEY SWHP
DNR NUMBERS 95 -6046
APPLICANT= City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
BUSINESS PHONES (612)'937-1900
CONTACTS Diane Desotella
Water Resources Coordinator
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
.;`:. Lk ,,SIN3sS PHONE: ( 612) 9371900
AGENT: David D. Mitchell
Orr- Schelen- Mayeron and Associates, Inc.
300 Park Place Center
5775 Wayzata Boulevard
Minneapolis, Minnesota 55416
BUSINESS PHONES (612) 595 -569 and
us
WATERWAY(S): Wetlands adjacent to LOactedaby ,thecproposadLproject.
Riley Lake would be imp
io