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Wetland Alteration Permit 2011-03Engineering g: \plan\2011 planning cases \11 -03 th 41 trail & underpass wetland alteration permit \memo to file 7 -29 -1 l.doc Phone: 952.2271160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.2271400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow MEMORANDUM TO: TH 41 Trail and Underpass Wetland Alteration Permit CITY OF Planning Case File No. 2011 -03 CHMNSEN ' Terry Jeffery, Water Resources Coordinator 7700 Market Boulevard PO Box 147 DATE: July 29, 2011 Chanhassen, MN 55317 SUBJ: Wetland Alteration Permit 2011 -03 Recording Status Administration Phone: 952.227.1100 Fax: 952.227.1110 The 2011 -03 Wetland Alteration Permit will not be recorded against the affected properties because mitigation is to occur through wetland banking which will be Building Inspections recorded with the Minnesota Board of Soil and Water Resource (BWSR). A Phone: 952.227.1180 Fax: 952.227.1190 confirmation letter from BWSR will follow. Engineering g: \plan\2011 planning cases \11 -03 th 41 trail & underpass wetland alteration permit \memo to file 7 -29 -1 l.doc Phone: 952.2271160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.2271400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Meuwissen, Kim From: Meuwissen, Kim Sent: Thursday, July 21, 2011 9:11 AM To: Spreiter, Krista Subject: RE: TH 41 Underpass Trail Project Legal Desc.docx Krista, According to our attorney's office, we need to provide the legal description of the property the affected wetlands are located on. If you can provide me with a map showing all of the affected wetlands, I can find the legal description of the property /properties they are located on. Thanks! KIM MEUWISSEN Gl_'"OF'-' N PLANNING SECRETARY 952-227-1107 ?vi;? iL 7C):1< i• 1c_ L4d'1S5 71'C C:1 1Ar1;I-1ASSf_N,t .M.LiS irr�r� r �� us on ��O From: Spreiter, Krista Sent: Thursday, July 14, 2011 11:45 AM To: Meuwissen, Kim Subject: TH 41 Underpass Trail Project Legal Desc.docx Here you are. Let me know if this works. Thanks, Krista J. Spreiter Natural Resources Technician City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 kpreiter @ci.chanhassen.mn.us Direct Phone: 952.227.1173 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WETLAND ALTERATION PERMIT #2011 -03 1. Permit Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a wetland alteration permit for the following use: To fill and mitigate wetlands within the right -of -way along Trunk Highway 41 from Longacres Drive to Chaska Road and within portions of Lake Minnewashta Regional Park. 2. Property The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described in the attached Exhibit A. 3. Conditions The City Council approved Wetland Alteration Permit #2011 -03 to impact 8,931 square feet of wetland for the purpose of the construction of the proposed trail and underpass and authorized the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated received February 22, 2011, based upon the included findings of fact and subject to the following conditions: a. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. b. Wetland buffer areas shall be preserved, maintained, and/or created around all existing wetlands in compliance with Minnehaha Creek Watershed District Wetland Protection Rule, effective September 1, 2010. c. If the applicant can demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 8 (5,662 square feet) cannot be avoided, then the additional square feet may be impacted as described in the supplement to the application dated April 15, 2011, prepared by SRF. d. Impact to Wetland 22 shall be avoided through use of boardwalk or other approved avoidance method. If the applicant can demonstrate to the satisfaction of the Technical Evaluation Panel that impact to Wetland 22 (436 square feet) cannot be avoided, then the additional square feet may be impacted as shown in figure 4C below, prepared by SRF. e. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and Army Corps of Engineers and comply with their conditions of approval. f. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. g. The applicant must obtain, and the city must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. h. A signed Landowner Statement and Contractor Responsibility form shall be provided to the city prior to commencement of activity. 4. Termination of Permit The City may revoke the permit following a public hearing for violation of the terms of this permit. 2 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: April 25, 2011 SEAL STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) B: Y Tho as A. Furlong, Mayor By: Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this day of , 2011, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City o Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. otary Public DRAFTED BY: "" Cit of Chanhassen KAREN I ENGELHARDT 7700 Market Boulevard Notary Public- Minnesota P.O. Box 147 +'s;;: My Commission Expires Jan 31, 2015 Chanhassen, MN 55317 (952) 227 -1100 G:\PLAN\201 1 Planning Cases \] 1 -03 TH 41 Trail & Underpass Wetland Alteration Permit \WAP Agreement.doc 3