MN WCA Notice of Decision 12-13-201011,6
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
Carver County
TH 41 Underpass Trail
Application
Number
11/18/2010
2010 -02
® Attach site locator map.
Type of Decision:
® Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing
❑ Replacement Plan ❑ Banking Plan
Technical Evaluation Panel Findings and Recommendation (it
❑ Approve ® Approve with conditions ❑ Deny
Summary (or attach): Data forms describe disturbed soil conditions in the remarks, but indicate "normal
circumstances" and no disturbance at the beginning of the form (form for Area B for example). This is conflicting
data on the same form. None of the forms indicate landform, local relief, slope, soil unit, or NWI class for the
sample point location. This information should be included on the form as it provides important context for the
observations. In some cases, some of this missing information is provided in the remarks section, but in other cases
it is not provided at all. Although these comments may have no bearing on the delineated boundary, TEP member
Ken Powell, BWSR, recommend they be rectified prior to final approval.
John Gleason, Minnesota DNR, stated that the trail alignment is in close proximity to two DNR Public Waters, Lake
Minnewashta (10 -09P) and unnamed wetland (10- 132W). Placing fill into a public water of the state for trail
construction is prohibited. The OHW for these basins are 944.5 (10 -09P) and 995.8 (10 -132W) datum NGVD 1929.
The trail will have to be constructed where the ground surface elevation is currently above the OHWs. The
proposed retaining wall also needs to be constructed above 995.8, as a retaining wall is not permitted below the
OHW. If that is not feasible, the proposer will need to look at alternatives such as a bridge or alternate alignment.
2. LOCAL GOVERNMENT UNIT DECISION
Date of Decision: December 13, 2010
❑ Approved ® Approved with conditions (include below) ❑ Denied
LGU Findings and Conclusions (attach additional she as necessary):
The City of Chanhassen has reviewed the delineation report prepared and provided by SRF Consulting Group,
Inc. Sixteen wetlands were originally delineated and identified as wetlands on site, as a part of this report. After
the TEP reviewed the delineation, three of these originally identified wetlands were confirmed by the TEP to be
stormwater ponds constructed in wetlands and therefore outside the jurisdiction of the Wetland Conservation
Act. One of the remaining 13 identified wetlands was also later delineated as two cells; the northernmost cell
confirmed as wetland, and the southern cell identified as a stormwater pond constructed in uplands. As the
LGU responsible for administration of Minnesota R. 8420, we concur with the delineated boundaries as shown
and described within the report.
As LGU, we concur with the wetland types identified in section 5.0 of the wetland delineation report submitted
by SRF dated November of 2010 and given the project number: SRF #: 7068 and included with this notice.
BWSR Forms 11 -25 -09 Page 1 of 3
This concludes our review, and the delineation is to be considered approved with the following conditions:
1. The City does require that all delineated boundaries be submitted as an electronic file in either *.shp
or *.dwg format.
2. The discrepancies pointed out be BWSR shall be clarified.
This review applies only to that area defined by a potential trail corridor and is not intended to imply that this is
the full extent of wetland within Carver Park.
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!
LCU Anthnri7.ed S ionatnre:
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
Terry Jeffery
Water Resources Coordinator
Signatu e —
Date
Phone Number and E -mail
12/14/2010
952- 227 -1168
tjeffery ci.chanhassen.mn.us
THIS DE qSIN ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT.
Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities
before commencing work in or near wetlands.
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:
BWSR Forms 11 -25 -09 Page 2 of 3
Check one:
® Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. Send
petition and $ fee (if applicable) to: petition and $500 filing fee to:
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
❑ LGU TEP member (if different than LGU Contact):
® DNR TEP member: John "Jack" Gleason
❑ DNR Regional Office (if different than DNR TEP member)
® WD or WMO (if applicable): Minnehaha Creek Watershed District
® WD or WMO (if applicable): Riley- Purgatory Bluff Creek Watershed District
❑ Applicant and Landowner (if different)
® Members of the public who requested notice:
Jeffrey Olson, SRF Consulting
Martin Walsh, Parks Director, Carver County Parks and Recreation
® Corps of Engineers Project Manager
❑ BWSR Wetland Bank Coordinator (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
➢Denartment of Natural Resources Regional Offices:
NW Region
NE Re
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: http: / /files.dnr.state.mn.us /aboutdnr /dnr regions.pdf
➢For a list of Corps of Project Managers, see:
viww.invD.usace.armv. mil /reaulatory /default.asD ?na2eid =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:
® Figures 2A — 3B of SRF Report
® Section 5.0, Table 3 of SRF Report
El
BWSR Forms 11 -25 -09 Page 3 of 3
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Figure 1
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Carver County TH41 Underpass and Trail Project
Carver Courny, Minnesota
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Carver County TH41 Underpass and Trail Project
Carver County, Minnesota
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5.0 Conclusions
We conclude that during the field delineation effort conditions were on the wet side of normal based on
analysis of three months of antecedent precipitation data and longer data sets ( days antecedent).
Table 3, below, summarizes our assertions concerning potential jurisdiction of WCA, DNR (Public Waters
and Public Waters Wetlands), and the Army Corps (Section 404 of the Clean Water Act). Confirmed
jurisdictions will be verified during the permitting process.
Table 3
S f Potential Jurisdiction and Impacts for "Delineated Wetlands" and "Areas"
ummary o
Wetland #
Likely Corps
DNR
Within Scope
Meets criteria
Wetland
(Wetland
Jurisdictional?
Jurisdiction?
of WCA?
for 3 wetland
footprint
Type *)
(Assumes Final
parameters?
Impacts (ac)
Corps
Jurisdictional
Determination)
W -1
See "Area A"
--
--
'-
"-
--
below.
W -2
Yes
No
Yes
Yes
(Type 1L/
(hydrologically
PFO1A and
connected to
PEMA/
W -9 and
Floodplain
ultimately to
Forest and
Lake
Seasonally
Minnewashta
Flooded Basin)
via surface
water
conveyances)
W -3
No (isolated
No
No (ditch
Yes
--
hydrologically,
constructed in
ditch
uplands)
constructed in
uplands)
W -4
No (isolated
No
Yes(northern
Yes
(Type 3 /PEMC/
hydrologically)
cell); No
Shallow
(southern cell -
Marsh)
stormpond
constructed in
uplands)
W -5
Yes (fringe of
Yes, below
Yes
Yes
(Type 6/
small body of
OHW elevation
PSS1C/ Shrub-
open water)
of 995.8 feet
Carr)
(NGVD 1929)
W -6
No (stormpond
No
No (stormpond
Yes
--
constructed in
constructed in
uplands)
uplands)
W -7
No (isolated
No
Yes
Yes
TH 41 Underpass Trail Page 16
Table 3
C..mmnr., .,f Dntontinl hiricdirtinn and Impacts for "Delineated Wetlands" and "Areas"
Wetland #
Likely Corps
DNR
Within Scope
Meets criteria
Wetland
(Wetland
Jurisdictional?
Jurisdiction?
of WCA?
for 3 wetland
footprint
Type *)
(Assumes Final
parameters?
Impacts (ac)
Corps
Jurisdictional
Determination)
(Type 11- and
hydrologically)
2/ PFO1A and
PEMB/
Floodplain
Forest and
Wet Meadow)
W -8
No (isolated
No
Yes
Yes
(Type 2/
hydrologically)
PEMB/ Wet
Meadow)
W -9
Yes
No
Yes
Yes
(Type 6/
(hydrologically
PSS1A/ Shrub-
connected to
Carr)
Lake
Minnewashta
via surface
water
conveyances)
W -10
No (isolated
No
Yes
Yes
(Type 2/
hydrologically)
PEMB/ Wet
Meadow)
W -11
Yes
No
Yes
Yes
(Type 2/
(hydrologically
PEMB/ Wet
connected to
Meadow)
Lake
Minnewashta
via surface
water
conveyances)
W -12
No (isolated
No
Yes
Yes
(Type 2/
hydrologically)
PEMB? Wet. .
Meadow)
W -13
No (isolated
No
Yes
Yes
(Type 2/
hydrologically)
PEMB? Wet
Meadow)
W -20
Yes (fringe of
Yes, below
Yes
Yes
TH 41 Underpass Trail Page 17
Table 3
d"mmnry of antantial loirkdirtinn and Imnacts for "Delineated Wetlands" and "Areas"
Wetland #
Likely Corps
DNR
Within Scope
Meets criteria
Wetland
(Wetland
Jurisdictional?
Jurisdiction?
of WCA?
for 3 wetland
footprint
Type *)
(Assumes Final
parameters?
impacts (ac)
Corps
Jurisdictional
Determination)
(Type 1L and
Lake
OHW elevation
1/ PF01A and
Minnewashta)
of 944.5 feet
PEMA/
(NGVD 1929)
Floodplain
Forest and
Seasonally
flooded basin)
W -21
No (isolated
No
Yes
Yes
(Type 6/
hydrologically)
PSS1C/ Shrub -
Carr)
W -22
Yes
No
Yes
Yes
(Type 2/
PEMB/ wet
meadow)
Area A
No (ditch
No
No (created in
No
--
--
created in
uplands)
uplands)
Area B
No (ditch
No
No (created in
No
--
--
created in
uplands)
uplands)
Area C
No (ditch
No
No (created in
No
--
--
created in
uplands)
uplands)
Area D
No (ditch
No
No (created in
No
--
--
created in
uplands)s
uplands)
Area E
No (ditch
No
No (created in
Yes
--
--
created in
uplands)
uplands)
Area F
No (ditch
No
No (created in
Yes
--
--
created in
uplands)
uplands)
Area G
No (ditch
No -
No (created in
Yes
--
--
created in
uplands)
uplands)
Area H
No (ditch
No
No (created in
Yes
--
--
created in
uplands)
uplands)
TH 41 Underpass Trail Page 18
Table 3
c...,,., mmr nf Dntantial Inricdirtinn and impacts for "Delineated Wetlands" and "Areas"
Wetland #
Likely Corps
DNR
Within Scope
Meets criteria
Wetland
(Wetland
Jurisdictional?
Jurisdiction?
of WCA?
for 3 wetland
footprint
Type *)
(Assumes Final
parameters?
impacts (ac)
Corps
Jurisdictional
Determination)
Area I
No (ditch
No
No (created in
Yes
--
--
created in
uplands)
uplands)
Area J
No (ditch
No
No (created in
Yes
--
--
created in
uplands)
uplands)
Area K
No (ditch
No
No (created in
Yes
--
--
created in
uplands)
uplands)
* Wetland Type: (Circular 39/ Cowardin/ Eggers and Reed)
TH 41 Underpass Trail Page 19