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5 WET MN Landscape Arboretum CITYOF CI H SE 690 City Center Drive PO Box 147 Chanhasse,, Mi,,esota 55317 Phone 952.937.1900 General Fax 952.937.5739 Engineering Deparo, e,t Fax' 952.937.9152 Buildi,g Deparmm~t Fax' 952.934.2524 II~b Site wwu:-ci, c/~anhasse,~, m,,.,s . . MEMORANDUM TO: FROM: DATE: Planning Commission Lori Haak, Water Resources CoOrdinator March 28, 2001 RE: Arboretum Wetland Alteration Permit BACKGROUND The University of Minnesota ga'boremm is currently improving their existing facilities. These improvementS include a "glass house,;' expanded learning center, and a new visitors center. Because the Universiw of Minnesota has been given certain authorities by the State of Minnesota, the City of Chanhassen does not have the authority to administer the bailding code on buildings constructed on land within the .Arboretum. However, the )a'boretum is not exempt .from the requirements of the Minnesota Wetland Conservation Act (WCA). Since the Ciw is the local- government unit (LGU) for WCA, the City z, il! review' and make findings on all WCA-related matters. - -_ . This project proposes 2,000 squm'e ~%et of wetland fill for road construction at the University of Minnesota Landscape Arboretum (Arboretum) south of Trunk Highway 5 in Chanhassen. The road construction is proposed in conjunction vx4th the remodeling of existing facilities and construction of new facilities on the Arboretum property. The work proposed with this project will involve fill above the ordinary high water (OHW) level. (Only fill that lies below the OHW is under the jurisdiction of the Minnesota Department of Natural Resources (DNR).) WETLANDS Two natural wetlands exist on-site. (Natural wetlands are thoSe classified as Such by the City's Surface Water Management Plan. The "natural" designation indicates that wetland integrity has not been significantly impacted by adjacent development.) Wetland A Wetland A is a DNR protected wetland (10-206W) that was classified by the City as natural wetland. It is located in the southwest portion of the property. The basin is dominated by reed canary grass and cattails. It also contains a few tamarack trees and shrubs. No wetland impact is proposed in this basin. Planning Commission March 28,2001 Page 2 Wetland B Wetland B is a natural wetland located just northeast of Wetland A and south of Trunk Highway 5. It is hydrologically connected to DNR public water 10-9P (Lake Minnewashta) and has been separated from the main body of the lake by Trunk Highway 5. Reed canary grass, purple loosestrife, sedges and cattail dominate the basin. The proposed wetland impact (2;000 square feet of fill for road construction) will occur in the drainageway between Wetland A and Wetland B. Sequencing The applicant proposes 0.05 acres of wetland impact for road construction. The applicant has provided wetland impact avoidance alternatives and sequencing. Since realigning the road to avoid the ditch is not feasible due to the placement of the existing Learning Center and realigning the road would likely impact the wetland located on the south side of the road, staff considers the wetland impact unavoidable. Mitigation and Bank#tg Summm3~ Recent changes in WCA have eliminated the "deductible" approach to the de minimis exemption. Therefore, projects with wetland impacts over the de- minimis must incorporate 2:1 wetland replacement for each square foot of impact. The applicant has presented a site plan that proposes to fill 0.05 acres (2,000 square feet) of wetland in Wetland B. This wetland impact falls under the jurisdiction of WCA. Since proposed wetland impacts exceed the 400 square foot de minimis, WCA requires 2:1 mitigation for all wetland impacts. That is, for every acre of wetland filled or destroyed, two acres of new wetland must be created to compensate for the loss (in this case, 4,000 square feet of mitigation). The first acre, or first unit of wetland replacement, may be provided through new wetland credit (NWC). The second acre, or second unit of wetland replacement, is called public value credit (PVC). While NWC must be in the folrn of a newly created wetland or NWC from a wetland bank, PVC may be new wetlands, restored wetlands, storm water treatment ponding, increased buffer areas or any combination thereof. The plans for the project show 0.05 acres (2,200 square feet) of new wetland creation in an upland area in the northeast corner of Wetland A. The applicant should provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. (The applicant should work with staff to draft this document.) The City must approve the wetland replacement plan prior to any wetland impact occun:ing. The wetland mitigation area should be constructed prior to wetland impact occmTing and should meet the City's buffer strip and structure setback requirements. The plans should be revised to show the required buffer strip (10 to 30 feet wide with a minimum average width of 20 feet) and Planning Commission March 28, 2001 Page 3 structure setback (40 feet from the outer edge of the buffer). The City of Chanhassen has offered to provide the Arboretum with the additional 0.04 acres of PVC (1,800 square feet) needed to achieve 2:1 replacement for several reasons: 1. The Arboretum has proposed best management practices (such as rain gardens, infiltration basins and swales) for this portion of the project. City staff is interested in studying the feasibility of such practices and would like to offer the Arboretum an incentive to incorporate them into their project; 2. One of the easiest ways to gain PVC is through storm water ponding. Since the Arboretum has not proposed storm water ponding in this phase of their project, they cannot obtain PVC through storm water ponding; and 3. The City has PVC in the wetland bank. Typically, PVC is only used when NWC is needed. The City has far more PVC than NWC, so it is not burdensome to the City to make this offer. Additional Wetland Issues The preliminary plan shows a proposed pipe discharging directly from rooftops and paved areas into Wetland B. Storm water should not be discharged into any wetland basin prior to pretreatment. Type III silt fence should be provided adjacent to all fill areas, areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. The applicant will be required to re-seed any disturbed wetland areas with MnDOT seed mix 25 A, or a similar seed mix that is approved for wetland soil conditions. Drainage and utility easements should be provided over all existing wetlands, wetland mitigation areas, buffer areas used for mitigation credit and storm water ponds. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant should install wetland buffer edge signs, under the direction of City staff, before construction begins and will pay the City $20 per sign. OTHER ISSUES In the best interest of the City's water resources, staff has identified some additional concerns regarding the proposed project: 1. Storm pipe connecting public waters/wetlands is considered public and requires a 20-foot wide easement; 2. The rim elevation for Manhole No. 2 should be 956.0; 3. Show the proposed invert elevation of the storm sewer on Wetland A; and 4. Show the survey benchmark on the plan. Planning Commission March 28,2001 Page 4 RECOMMENDATION Staff recommends that the Planning Commission recommend the City Council approve Wetland Alteration Permit #2001-1 to allow wetland fill for road construction as shown on the plans prepared by James Robin, Landscape Architect, dated March 9, 2001. Approval is subject to the following conditions' Wetland replacement shall occur in a manner consistent with the Mim~esota Wetland Conservation Act (MR 8420). The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. The City, shall approve a wetland replacement plan prior to any wetland impact occurring. The wetland mitigation area shall be constructed prior to wetland impact occmTing and shall meet the City's buffer strip and structure setback requirements. The applicant shall apply for and obtain pem~its fi'om the appropriate regulatou~ agencies, i.e. Minnesota Pollution Control Agency, Minnehaha Creek Watershed District, Minnesota Department of Natural ResOurces, Am~y Corps of Engineers and comply with their conditions of approval. 4. Storm water shall not be discharged into any wetland basin prior to pretreatment. 5. Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. 6. The applicant shall re-seed any disturbed wetland areas with MnDOT seed mix 25 A, or a similar seed mix that is approved for wetland soil conditions. . Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 8. A 20-foot wide easement shall be provided over stmrn pipe connecting public waters/wetlands. 9. The rim elevation for Manhole No. 2 shall be 956.0. 10. The proposed invert elevation of the storm sewer on Wetland A shall be shown. 11. The survey benctm~ark shall be shown on the plan. Planning Commission March 28, 2001 Page 5 ATTACHMENTS 1. Wetland Replacement Plan Application 2. Water Resource Project Notification/Application'Form 3. Notice of WCA Application for Impacts < 10,000 Square Feet 4. Letter from P. Olin to L. Haak 5. Notice of Public Hearing 6. Draft Declaration of Restrictions and Covenants for Replacement Wetland 7. Corps of Engineers Authorization G:\ENG\LO RIkADM INX~PLANrN1NGLArb oretum WAP.doc Minnesota Wetland Conservation Act/City of Chanhassen Wetland Ordinance WETLAND REPLACEMENT PLAN APPLICATION APPLICANT INFORxMATION Name(s) of Applicant Street Address City, State, Zip Code Telephone (Daytime) (Evening) Name(s) Authorized Azent · s lo City, State, Zip Code Telephone (Daytime) (Evening) PROPOSED DdPACTED WETLAND ENFORMATION Location: 1/4 1/4 ~u,.,, t/4 UTM Coordinates: X: Y: County Name/Number: Wetland type: Circular 39 R Maj or Watershed Name/Number: Size of entire wetland: ~ Topographic setting (check one): Shoreland Riverine D Floodplain Flowthrough Tributary. Isolated Size of total wetland impact: ~.000 acres or sq ft . Estimated size of surface water drainage into wetland: Check one: ~1~<50% [] 50%-80% or [] > 80% Check one' [] Agricultural land; ~8[,Non-ag. land Minimum replacement ratio (check one): [] 1' 1 J~2:l Minimum replacement needed: ~ ~ Acres acres or sq ft If the ~vetland is within a shoreland wetland protection zone or the floodplain of a watercourse, list the distance and direction to the waterbody or watercourse: feet in a direction. List the dominant vegetation and land use in the impacted wetland area (ex. willows, cattails, g-cass, sedges, open water/pasture, row crop, etc.) Attach the following information: (1) A recent aerial photograph or accurate map of the impacted wetland area showing: a. the location, extent, and purpose of the proposed wetland fill or drainage; b. the location of any surface inlets or outlets draining into or out of the wetland; c. the land use within the immediate watershed within one mile of the impacted wetland. Or, include a written description that notes the presence and location, if any, of wetland preservation regions and areas, wetland development avoidance regions and areas, and wetland deficient regions and areas as identified in the comprehensive water plan; (2) A soils map of the site; (3) Evidence of ownership or rights to the affected area (or other,vise demonstrate to the LGU); (4) A description of the avoidance and minimization alternatives considered; and (5) Any other information required by the LGU, e.g. delineation report. Page 1 of 4 PROPOSED PROJECT DESCRIPTION Describethenatureandpurposeoftheproposedproject: Flbt- E:~6-[313(.~ ~ }DI~ (auach additional pages if needed) Timetable: project will begin on ~/ ~ /~l (mo/day/~) and Mll be completed by PROPOSED MITIGATION hNFORMATION Mitigation will be accomplished as follows (check one): . - I"1 Project-specific replacement only. Complete all information below. [] Purchase of Wetland Banking Credits only. Attach Application for Withdrawal of Wetland Credits (Exhibit J); do not complete project-specific information belo~v, and skip to ASpecial Considerations= on Page 4. [] A combination of the project-specific replacement and purchase of banking credits. Complete information below for project-specific mitigation, and at-tach Application for Withdrawal of Wetland Credits (Exhibit J) for credit information. [] Check here if excess credits are anticipated fi'om project-specific replacement above the required minimum mitigation ratio, and those credits are to be deposited into the Minnesota Wetland Bank, following Minnesota Wetland Bankprocedures. (2) 0). (4) (5) (6) Attach the following information: (1) A recent aerial photograph or accurate map of the mitigation site showing.' a. The location of the mitigation site; b. The location of any surface inlets or outlets draining into or out of the wetland; c. The land use of the immediate xvatersh~d within one mile of the mitigation wetland; Or include a written descriptiOn that also notes the presence and location, if anY, of wetland preservation regions arid areas, wetland development avoidance regions and areas, and wetland deficient regions and areas as identified in the comprehensive water plan; Scale drawings of the replacement wetland showing plan and profile views and fixed photo-reference points for monitoring purpOses; Evidence of ownership or rights to the land affected by the proposed mifieation wetland, which inClUdes, but is not limited to, the following; title to the land, fee 'owner, marital status, mortgages, and other interests in the land; A soils map of the mitigation site; A monitoring plan; and Any other information required by the LGU. Provide (7) the following information: Describe how the replacement xvetland shall be constructed, for example, excavation or restoration by bloc~ng an existing tile; the type, size, and specifications of outlet structures; elevations, relative to Mean Sea Level or established bench mark, of key features, for example, sill, emergency overflow, and structure height; and best management practices that will be implemented to prevent erosion or site de~adation; (8) For created wetlands only, list additional soils information sufficient to determine the capability of the site to produce and maintain wetland characteristics (9) List all other local, state, and .federal permits and approvals required for the activity: Page 2 of 4 PROPOSED PROJECT-SPECIFIC MITIGATION hNFOtkMATION Location: 1/4 ]0~ 1/4 ~ ~ 1,~ ' S ( 7 T I I UTM Coordinates: X: Y: County Nature/Number: Check one:~t~450% [] 50%-80% or [] > 80% Maj or Watershed Name/Number: Pre-existing Wetland (if any): ~ Acres of Type (Complete table beloxv for credits resulting from successful construction.) (Circular.39) Topo~aphic serti~check one): Shoreland Riverine Floodplain Flowthrough Tributary Isolated Replacement ratio: Minimum: +Out-of-kind: +Topo. Setting: +Local Public Value: =Required Ratio: Estimated size of surface water drainage into proposed mitigation wetland: I Acres If the mitigation wetland is within a shoreland wetland protection zone or the floodplain of a watercourse, list the distance and direction to the waterbody or watercourse: feet in a direction. List the dominant vegetation and land use in the proposed mitigation wetland area (ex. willows, cattails, ~ass, sedges, open water/pasture, row crop, etc.) -. . cREDITS THAT WILL RESULT : ' FROM SUCCESSFUL COMPLETION OF REPLACEMENT PLAN NWC PVC Wetland T.vpe2 Topo. Setting3 Acres or Sq. Ft. Acres or Sq. Ft. Credit Restoration or Sub_Group~ Creation Ao C, D. Totals: []Check here if additional credit sub-groups are part of this replacement plan and are listed on an attachment to this document. ~A separate credit sub-~oup shall be established for each wetland or wetland area that has different wetland characteristics. -'Circular 39 types: 1, 1L, 2, 3, 4, 5, 6, 7, 8, B, U. 3Topo~aphic setting D'pes: shoreland, riverine, floodplain, flow-through, tributary, isolated. WCA Replacement Plan Application (2000) Page 3 of 4 Special Considerations To the best of the applicant's knowledge, are any of the following factors applicable at the impact or replacement site? Note whether present or not by indicating as follows: Impact Site (I), Replacement Site (K), Both (B), Neither (N). 1. Federal or state-listed endangered species 2. Rare natural comanunities 3. Special fish and wildlife resources including: a. Fish passage and spawning areas b. Colonial waterbird nesting colonies c. . Migratory waterfowl concentration areas d. Deer wintering areas e. Wildlife travel corridors 4. Archaeological or historic sites 5. Ground water sensitive areas 6. Sensitive surface waters (e.g., DN'R designated trout waters) 7. Educational or research sites 8. Waste disposal sites 9. Is th,~eap~f~oject consistent with local plans (e.g., watershed management plans, land use plans, zoning and master plans)? 10. Is the project part of a pollutant trading agreement with the MPCA? Yes Replacement Assurance and Sworn Statements T~C~_~_ .~. ~i[ (Vx. (Applicant) states by signature below that: 1. The xvetland will be replaced before or concurrent with the actual draining or filling of a wetland, OR; an irrevocable bank letter of credit or other security acceptable to the local government unit has been provided to ~arantee the successful completion of the wetland value replacement; AND, 2. The replacement wetland was not previously restored or created under a prior approved replacement plan; AND, 3. The replacement wetland was not drained or filled ur/der an exemption during the previous ten years; AND, 4. The replacement wetland was not restored with financial assistance from public conservation programs, unless the replacement wetland qualifies under Minn. Rules Chapter 8420.054.0, Subp.2.D.(3) [9 check here if applicable]; AND,_ 5. The replacement xvetland was not restored using private funds other than those of the landowner.unless the funds are paid back with interest to the individual or organization that funded the restoration and the individual or Organization notifies the local government 'unit in writing that the restored wetland may be considered for replacement [9 check here if applicable]; AND, 6. The Declaration of Restrictions and Covenants for the replacement wetland will be recorded, or Application for Withdrawal of Wetland Credits will be completed, prior to any work to impact any wetlands,. I hereby affinjh that thefnformation above is correct and truthful to the best of my knowledge. (applica,nt signature)i,/ (date) -- Note: .~ny approval is not effective until all conditions above are satisfied and signatures below are complete. No should be.e#t until the 15oday appeal window has lapsed, or, bt the event of an appeal until the appeal has been yTnalized. A.) Replacement Plan is (check one): [] Approved [] Approved with Conditions (^ttac~ Conditions)' · [] Denied:: .... !... :i'.:- B.)'LGu has received evidence of title 'and proof of recO?Ciing 0f Debl'arafiott'dfRestrictionS and COvenants:'::. ~._-~-'~ :-,:.-!:'--'~i?!~; (county where recorded) ' . - (Date recorded) '.:-'::....:.3'_--.: ~'' ':- :.-i'. ":':~ i:.--i'i:." ' (Document # assigned by recorder) WCA Replacement Plan Application (2000) Page 4 of 4 K4-o~o-oz LOCAL - STATE - FEDERAL WATER RESOURCE PROJECT NOTIFICATION / APPUCATION FORM Use this form to notify/apply to the U.S. Army Corps of Engineer~, the IVl~rmesota Deparlznent of Natural Resources, and your Local Goverr~nent Un' of a proposed water/wetland project or work which may f~l within tt~Ir jurisdiction. These agencies ahou~l advise you of their jurisdiction or pel~ni' requirements within 45'day~. Some LGU'a may also require ~ubrnisslon of their own application forms. F~I out this form completely and mail · with plans, maps, etc. to each of th~ agencies listed on the reverse of the form. Keep · copy for your records. YOU MUST OBTAIN ALL REQUIREI: AUTHORIZATIONS BEFORE BEGINNING WORK. AGENCY USE ONLY: L~3U NUMBLY: MDNR NUMBER: CORPS NUMBER: - I. Applicant's Name (I.~t. Rrat, M.I.) AuthoRed Agent. if say Address (Street, RFD, Box Number, City, State, Zip Code) II. Location of proposed project (et'tach drawing showing how to get to cite) COUNTY QUARTER SECTION(s) SECT1ON$1s) No. TOWNSHIP{s) No. RANGE(s) No. FIRE No., BOX No., OR PROJECT ADDRESS III. ESTIMATED PROJECT COST: $' IV. VOLUME OF FILL OR EXCAVATION (Cubic Yards): AREA FILLED OR EXCAVATED IS Acres, OR TYPE OF WORK AND AREA (CHECK ALL THAT APPLY): [] CONSTRUCT [] pRA,~N [] EXCAVAT[ ~ FILI~ [] REMOVE l"l REPAII~ Vt Area Code, Telephone Lot. Block, Subdivision NAME[ OF WATERBODY AFFECTED and NUMBER (IF KNOWN) LENGTH OF SHORE AFFECTED (in feet): "7~ (/VOTE: You may substitute dimensions) '~,OO{~ -Square Feet [] Access PATH I-I BRIDGE [] CUl. Vi~r [] DAM [] Docx C3 Rua~.~ [] [] LAKE I-1 SHORELINE [] WATERWAY [] ~WETLAN OTHER (DESCRIBE): WETLAND TYPE(S) AND ACREAGE(S) PROPOSED TO BE FILLED/DRAINED: Attach applicable drawings0 plans, and ASCS crop photos. Include e description of any proposed compensatory mitigation. Important: Idl~j any disposa~ and borrow areas. Describe the work below: how it would be done; what equipment would be used. VI. PROJECT PURPOSE (why is this project needed-what benefit~ will it provide?): VI1. ALTERNATIVES (describe any other sites or methods that could be used to achieve the purpose of your project wills avoiding or minimizing wetland/water impacts: Attach additional sheets, if needed). VIII. DATES: Proposed start of activity:. A_.~i_J/,~,. '2~1 (Identify any completed work on an attached drawing) IX. ADJOINING PROPERTY OWNERS (Attach list if more than two) Name Address Proposed completion: ~ ~-~., :~ t City State Zip X. PERMITS have been received (enter an ~ or already applied for (enter an ~) from: DNR ~ AI~(Y CORPS OF E~I~ Cc)ua .. . T~/C~ WA~ D~ , ~ P~ C~ A~ Ha= an a~chaeologic~ ~u~ey of ~e project ~te been done~ ~ 0 E so. by whom: Ji hereby nofl~'~e re~plen~ of ~ f~m of ~ proJe~ propped hrJ~ and request ~at I be ad,ed of ~y per~ ~ o~er determ~a~o~ con~ng ~i.~ prose~ ~at I'm~t obtain. I ~de~tand ~at probing ~ w~ before a~ requ~ed a~a~ ~e obta~ed may .ubJe~ n~' Federal, 8~te, and/~ lo~l ad~a~, ~ ~d/~ ~ ~n~. ~ig~fQr~ ~reon P~sing ProjeCt or Agent ..... INSTRUCTIONS-PLEASE READ CAREFULLY A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below. "Please check appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for your records. LOCAl. GOVERNMENT UNrr (LGU}: city, county, or watershed management organization. Specify the LGU to which you are sending the form: The local So[ AND WAT~ CONSERVATION DI,5~EICT (SWCD} for the project, Specify the county SWCD: wA?~ED D~rmc~r (if one exists for the project area}, Specify the Watershed District: MINNESO?A DEPARTMENT OF NATURAL R~.SOURCSS {MDNR) regional office U.S. ARMY CORPS OF EN=~NamS {ACOE). Send the ACOE copy to: *- Department of the Army, Corps of Engineers, St. Paul District, ATTN: CO-R, 190 Fifth Street East, St. Paul, MN 55101-1638 Note: The above agencies may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water quality rules may apply to your proposed project. . ATTENTION (FROM USDA]: Any activity Including drainage, dredging, fi~ng, leveling or othe~ manipulations, iacluding maintenance, may affect · landuser'$ elig~ility for USDA benefits uada' tho 1985 Food Secu,'fty Act a~ amended. Check with your local USDA office to request and complete Form AD-1026 prior to ialtlatlng activity. IMpoRTANT: Some agencies, including the Corps of Engineers and. the MDNR accept this form as a permit application form. you wish this form to constitute an application to the Corps and/or MDNR for any necessary permits for your project please carefully read the following information and sign where indicated. IIIIIIIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIlII Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, an~l accurat/e. I further certify that I possess the authority to undertake the proposed activities or ! am acting as the duly authori~/~~ f the applicant. ture Date Date 'Note: T e application must be signed by the person who desires to und.~Ee the proposed activity (applicant) or it may be signed by a duly authorized agent if the information requested below is provided. Agent's Name and title: , . , Agent's address: . ~'~- ~~~-- Age. nt's telephone: ( c/~;~_ } ~r"74b- '~~,_~ 18 U.S.C. Section 1001 provide= that: Whoever. in any manner within the jur{~diction of any deparl~nent or agerv~y of The United State, ' knowingly and willfully faleifiee, concea/e, or cover= up by any trick, echeme, or der{ce · mater{al foot or rnakee any fa/se, fiotitioue or fraudulent etatements or representations or makes or uses any fa/se w~iting or document kno~ng same to contain any fa/se, fiotitious, or fraudulent statement or enuy, ehall be fined not more than t 10,000 or Imprisoned not more than five yearn, or both. SEE ATTACHMENT ABOUT MDNR PERMIT FEES CITY OF CHANHASSEN 690 City Center Drive * P.O. Box 147 * Chanhassen, MN 55317 NOTICE OF WETLAND CONSERVATION ACT APPLICATION FOR IMPACTS <10,000 SQUARE FEET Name of Applicant: University of Minnesota Landscape Arboretum Project Name: Minnesota Landscape Arboretum Horticulture. Learning Center Type of Application (check one): [] Exemption [] Replacement Plan [] No Loss [].. Banking Plan Date of Application: March 8.2001 LocationofProject: SW¼ofSW¼ofSection8. Township lI6N. Ran~e23W Summary of Project: The Minnesota Landscape Arboretum is located west of Trunk Highway 41 and south of Trunk Highway 5 in Chanhassen, Minnesota. The proposed project entails the construction of new access roads, a school bus turnaround and parking at the newly remodeled and expanded horticulture learning center. The proposed project would involve filling 0.05 acre of wCA-regulated wetland. No wetland would be drained as part of this project. The applicant has found total avoidance of wetland impact to be infeasible, due to spatial limitations on the Arboretum site. The wetland in which fill is proposed is an existing channel between two wetland basins. The primary function of the wetland is conveyance of water between the basins. Impact to the drainageway as a result of the wetland fill would be maintained by providing a storm water pipe between the two basins, with the pipe installed at the elevation of the existing channel. The applicant proposes mitigation of wetland impacts through the construction of 0.05 acres of wetland on-site. Due to spatial limitations on the Arboretum site, the limited scope of the proposed project and a surplus of public value credits accumulated by the City of Chanhassen, the City will provide the Arboretum with 0.05 acres of banked public value credit for the second half of their 2:1 replacement requirement. List of Addressees: Mr. Peter Olin, Minnesota Landscape Arboretum Mr. Doug Snyder, Minnesota Board of Water and Soil Resources Mr. Chip Hentges, Carver Soil and Water Conservation District Mr. Doug Norris, Minnesota Department of Natural Resources Mr. Gary Elftmann, Army Corps of Engineers Mr. Eric Evenson, Minnehaha Creek Watershed District Summary Notice for Impacts <10,000 sq.ft. (2000) You are hereby notified that the above-referenced application was made to the Local Government Unit on the date stated above. A preliminary decision on this matter will be made at the City's Planning Commission meetine at 7:00 p.m. on Tuesday, April 17, 2001 in the Council Chambers at Chanhassen City Hall. Call LoriHaak at 952/937-1900x 105 for proj ect details or changes to decision-making schedule. Date of Mailing of This Notice: March 8, 2001 CITY OF CHANHASSEN By: L~ri-Haak Title: Water Resources Coordinator Summary Notice for Impacts <10,000 sq.ft. (2000) UNIVERSITY OF MINNESOTA March 5,2001 Minnesota Landscape Arboretum 3675 Arboretum Drit'e P.O. Box 39 ChaM~a,vxez~, MN 55317-0039 952-443- !400 Fax: 952-443-2521 City of Chanhassen C/o Lori Haak 690 Coulter Drive Chanhassen, MN 55317 Dear Lori: The Minnesota Landscape Arboretum is prepared to create 2000 square feet of wetland to mitigate the wetland we are removing. The Minnesota Landscape Arboretum lands are owned by the University of Minnesota and the Arboretum maintains and manages these lands. We appreciate and accept the city's offer of matching wetland credits for the balance of the mitigation (2000 square feet). Yours l~ruly, Peter J. Director P JO:rah NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, APRIL 3, 2001 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Wetland Alteration Permit APPLICANT: MN Landscape Arboretum LOCATION: 3675 Arboretum Blvd. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Minnesota Landscape Arboretum, is requesting a permit for the filling of 2,000 sq. ft. (0.05 acres) of wetland for road construction located at 3675 Arboretum Drive. What Happens at the Meeting: The purpose of this public headng is to inform you about the applicant's request and to obtain input from the neighborhood about this project. Dudng the meeting, the Chair will lead the public headng through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public; 4. Public headng is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Fdday. If you wish to talk to someone about this project, please contact Lod at 937-1900 ext. 105. If you choose to submit Wdtten comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public headng has been Published in the Chanhassen Villager on March 22, 2001. W 82r~ Smooth Feed SheetsTM Use temp[ate for 5!60® MINNESOTA ST HOP, TICULTURAL RM I HORTICULTURE BLDG ST PAUL MN 55108 ROB M & CALl L OLSON 7700 CRIMSON BAY RD CHASKA MN 55318 THOMAS G HUDY 3882 FOREST RIDGE CIR CHASKA MN 55318 JEFFREY J & DEBRA J PAPKE 6180 CARDINAL DR S EXCELSIOR MN 55331 RICHARD A & DARLENE J HANSON 7750 CRIMSON BAY RD CHASKA MN 55318 WILLIAM J & PAULA J PLANT 3884 FOREST RIDGE CIR CHASKA MN 55318 REGENTS OF UNIV OF MINNESOTO,/O 319 15THAVESE 424 DON HOWE BLDG MINNEAPOLIS tx'IN 55455 PEMTOM COMPANY 7597 ANAGRAM DR EDEN PRAIRIE MN 55344 LORI A FREY 3886 FOREST RIDGE CIR CHASKA MN 55318 ABRAHAM & DOROTHY ABBARIAO 3750 ARBORETUM BLVD PO BOX 26 CHANHASSEN MN 55317 ABRAHAM & DOROTHT ABBARIAO 3750 ARBORETUM BLVD PO BOX 26 CHANHASSEN MN 55317 PEMTOM COMPANY 7597 ANAGRAM DR EDEN PRAIRIE MN 55344 JOSEPH W & KIRSTEN J STASNEY 3840 LONE CEDAR CIR CHASKA MN 55318 KENNETH R & MARTHA L SORENSE 3800 LONE CEDAR CIR CHASKA MN 55318 STEPHEN B & JANE C VONBEVERN PO BOX 874 CHANHASSEN MN 55317 SCOTT P & LAURIE A GAUER 3820 LONE CEDAR LN CHASKA txqN 55318 ARNOLD & CAROL M HED 3860 LONE CEDAR CIR CHASKA MN 55318 JAMES F & DOLORES LIPE 3880 LONE CEDAR LN CHASKA MN 55318 DON HOLMAN & 3887 FOREST RIDGE CIR CHASKA MN 55318 BO JOHN HESS 3861 LONE CEDAR LN CHASKA MN 55318 THOMAS & CARMEN HUESMAN 3885 FOREST RIDGE CIR CHASKA MN 55318 LOC HOANG & 3881 LONE CEDAR LN CHASKA MN 55318 JULI CLAUDIA A BERNHARDT 3883 FOREST RIDGE CIR CHASKA MN 55318 (Above Space is Reserved for Recording Information) DECLARATION OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT WETLAND This Declaration of Restrictions and Covenants for Replacement Wetland (Declaration) is made this ~ day of /~kX~N~k._ ,2L~ I by the undersigned Declarant: RECITALS Ao as follows: The Declarant holds the fee title or Perpetual easement on the real property described [Insert legal description of the smallest parcel of land'p0s~ible c3nt~tining the Replacement Wetland.] B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0110, subp. 40. C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes section 103G.222 and Minnesota Rules 8420.0530 or (2) a bank plan under Minnesota Rules 8420.0740, D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G.222 et seq., and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0115. FORaM A- DECLARATION OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT/BANKIxNG WETLAND Page 1 of 4 E. The Local Government Unit (LGU) charged with approval ofthe Replacement or Banking Plan is ~ IT'~' o~ F.4qO 14~,~'~ , whose address is ~ ~ 0 F_,t'/'~ F..~T~ ~ t/~LI F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan or bank plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and as specified in the replacement plan or bank plan. 2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of the Replacement Wetland, xvhich the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessarY to comply with the specifications for the Replacement Wetland in the approved replacement plan or bank plan. 3. Declarant ~ants to the LGU, the State of Mi~mesota, and the agents and employees of the LGU and the State of Mirmesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration ~ants no access to or entry on the lands described to the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that, all such parties have a~eed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination A~eement(s). 5. Declarant shall record or file this Declaration, pay all costs associated with recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is ~ven pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. FORM A- DECLARATION OF RESTRICTIONS AND COXrENANTS FOR REPLACEMENT/BANKING ~ETLAND Page 2 of 4 o recorded. These restrictions and covenants shall be unlimited in duration, without being re- 7. If the replacement plan or bank plan approved by the LGU and on file at its offices requires the establishment of areas of permanent vegetative cover, the term AReplacement Wetlancl~= as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of permanent vegetative cover.. In addition, the Declarant: (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540, subpart 2.D; (b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas specified in the replacement plan or bank plan for permanent vegetative cover, including any necessary planting and replanting thereof, and other conservation practices, in accordance with the replacement plan or bank plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan or bank plan; (d) Shall not graze livestock on the areas specified in the replacement plan or bank plan; _ (e) Shall not place any materials, subSta~ ~c,~r other Objects, nOr erect or construct anytype of structure, temporaw or pe~anent, on the afeas spec~. ~~~ment plan or ba~ plan, except as provided in the replacement plan or ba~ plan;. ~s- ..:..~ (0 Shall, at Declarant's cost, be responsible for weed control by Compl~ng with noxious weed control laws and emergency control of pests necessaw to protect the public health on the areas specified in the replacement plan or ba~ plan; and (g) Shall comply with any other requirements or restrictions specified in the replacement plan or bank plan, including, but not limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site or bank site. 8. This Declaration may be modified only by the joint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. Such modification may include the release of land contained in the legal description above, if it is determined that non-wetland areas have been encumbered by this Declaration, unless the approved replacement plan or bank plan designates these non-wetland areas for establishment of permanent vegetative cover. FORM A- DECLARATIONS OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT/BANKING WETLAND (2000) Page 3 of 4 9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees._ from Declarant in any action to enforce this Declaration. Si~mture of Declarant STATE OF MIN~NESOTA ) ) SS. COU~'NTY OF. ),':.,q ~ ~,_c~ This instrument was acknowledged before me on ?:.k~- :.T. 0t~,~ ~ i.,.:i,:,~-,43.4~ f.!~,,~.~.,-~: ~.>~ I (Si~amre of Notarial Officer) (Tiff e) ~ .~ ~..~x~ ~ ~~N ~t~ES 1412~5 ~ ~F commission~pzres: This instrument drafted by: (date) by FORM A- DECLAtLA. TIONS OF RESTRICTIONS A_ND COVENANTS FOR REPLACEMENT/BANKING WETLAND (2000) Page 4 of 4 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS ARMY, CORPI~ OF ENGINEERI~ CENTRE 190 FIFTH STREET EAST ST. PAUL, MN 55101-16:38 · January 17, 2001' Construct. ion-Operat ions Regulatory (01-01821-LP-GAE) Mr. Peter Olin University of Minnesota Landscape Arboretum 3675 Arboretum Drive P.O. Box 39 Chanhassen, Minnesota 55317 Dear Mr. Olin: Authority is hereby granted the University of Minnesota to discharge clean fill material covering 2000 square feet (0.05 acr.~) ·of wetland adjacent to Lake'Minnewasht~a to facilitate a . road and parking lot improvement project at the Minnesota Landscape Arboretum in Chanhassen, Minnesota. The project site is in the SW 1/4 of Section 8, T. 116 N., R. 23 W., of Carver · , County. This authorization is. issued under the provisions of GP/LOP- 98-MN (MN LOP-B). This action is based upon the recommendation of the Chief of Engineers and under.the provisions of 'Section 404 of the Clean 'Water Act (33 U.S.C. 1344). The authorization is subject to the 'enclosed General and Standard Conditions. The time limit for completing this authorized work ends January 31, 2005· OR two years from the date of this letter, whichever occurs later. This Federal authorization, does not' permit you to commence the proposed activity without first obtaining any necessary State and/or local permits. If you disagree with the enclosed.jurisdictional determination, you may provide new information or appeal the jurisdictional determination. Please follow the directions in Section D of the enclosed Notification of'Administrative Appeal Options and Process and Request for ApPeal. :. If this letter of permission is not acceptable and you would like to appeal, the permit decision, please follow the directions in Section A of the enclosed Notification of Administrative Appeal Options and Process and Request for Appeal,. ~ 2 - If yOU have any questions, call Gary Elftmann of this office at (651) 290-5355. Sincerely, -i .-~ ' ~,w/ ' Colonel, Corps of 'Engineers District "Engineer .. 'Enclosures Copy furnished: Ms. Andrea Moffatt WSB and Associates, Inc. 4150 Olson Memorial Highway, Suite 300 Minneapolis, Minnesota 55422 ,~.~',~licant: University of Minnesota Landscape Arboretum IFile Number: 200101821 Date: 1-17-01 !-ached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter 6f permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B · PERMIT DENIAL' C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY ~URISDICTIONAL DETERMINATION E A. INITIAL PROFERRED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a LeSer of Permission (LOP), you may accept the LOP and your work is author/zed. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all fights to appeal the permit, including .its terms and conditions, and approve jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) became of certain terms and conditions therein, you may request that the permit be modified accordingly. You' must complete Section II of this form and return the form to. the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district, engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the ;'~'istrict engineer will send you a proffered permit for your reconsideration, as indicated in section B below. "PROFFERED .PERMIT: You may accept or appeal the permit. ACCEPT: If you' received a Standard Permit, you may sign the permit document and remm it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP md your work is authorized. -Your signal-am on the Standard Permit or acceptance of the LOP rn~an.q that you accept the permit ia its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: .If you choose to decline the proffered permit (Standard or LOP) because of certain terms md conditions therein, you may appeal, the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process completing Section H of this form and sending the form to the division engineer. This form mst be received by-the division ;iaeer within_ rio days of the date of this notice. , APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD Or iovide new information. [ACCEPT: You do not need to notify the COrps to accept an approved JD. Failure to notify the Corps within 60 days of the i date if this notice, means that you accept the approved JD ia its entirety, and waive all fights to appeal the approved .JD. i APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Adm/nistrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received '~y the division engineer within 60 days of the date of this notice. !- )RELIMINARY JURIsDIcTIONAL DETERMINATION: You do not need to respond to the Corps ;arding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request 'an ~roved ID (which may be appealed), by contacting the Corps district for further instruction. Also you may )~vide new information for further consideration by the Corns to reevaluate, the JD. ~;[EASONS FOR APPEAL OR OBJECTIONS:. (Describe your reasons for appealing the decision or your objections to an /~ init/~ proffered permit in clear concise statements. You'may attach additional information to this form to clarify where your reasons ~l~ bjections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited .to a review of the administrative record, the Corps memorandum fo~q the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. H. OWever, you....rm, y provide additional information. !0 c!.arify.the.!oca!i.'.o.n..°..(inf°rm, ation thal process you may contact: also contact:. Gary A. Elftmann U. S. Army Corps of Engineers, Regulatory Branch Army Corps of Engineers Centre, 190 East Fifth Street Saint Paul, MN 55101 Martha S. Chieply, Appeal Review Office CEMVD P. O. Box 80 Vicksburg, MS 39181-0080 Teiephone (651) 290-5355 Telephone (601) 634-5820 RIGHT OF ENTRY: Your signature below grants .the fight of entry to Corps of Engineers personnel, and' any government consultants, to conduct inves.tigations of the project site during the Course of the appeal process. You will be provided a 15 day -, :ce of any site investigation, and will have the opportuni~ to participate in ali site investigations. '))~-Y-', Date:, Telephone number: --- Signature of appellant or agent. U.S ARMY CORPS OF ENGINEERS - ST. PAUL DISTRICT. REGULATORY BRANCH BASIS FOR JURISDICTIONAL DETERMINATION Applicant: University of Minnesota Landscape Arboretum · File Number: 200101821 ~A. Property referenced in the attached Correspondence contains waters of the United States as clef'reed at 33' CFR Part 32§.3(a) based on: 1. The presence of waters which are currently USed, or were USed in the past, or may be susceptible. to use in interstate or foreign commerce, i.e., navigable waters of the United States. [328.3(a)(1)] [] 2. The presence of interstate waters. [328.3(a)(2)] 3. The presence of other waters such as intrastate lakes, rivers, streams, mudflats, saadflats, wetlands~, sloughs, or natural ponds, the use, degradation, or destruction of which could affect interstate or foreign commerce. [328.3(a)(3)] [] a. The site is or could be USed by interstate or foreign travelers for recreation or other purposes. [] b. The site has shellfish that is or could be taken and sold in interstate or fOreign conun~rce. [] c. The site is or could be used for industrial purposes by industries in interstate commerce. -. [] d. The site is or could be used by migratory waterfowl, Other game birds, or other migratory birds that are sought by hunters, birdwatchers, photographers, or are protected by international treaty. 4. The presence of any impoundment of any water body otherwise defined as a water of the United States. [328.3(a)(4)1 5. The presence of any tributary of any water body identified under paragraphs (1) ttxrough (4) of 33 CFR 328.3(a). [328.3(a)(5)1 [] 6. 'The presence ~f territorial seas. [328.3(a)(6)] 7. The presence of wetlands adjacent to any water body defined as a water of the U.S in paragraplis (1) through (6) in 33 CFR 328.3 (a). [328.3(a)(7)]. · . [] B. Property referenced in the attached correspondence does not include or contain any of the waters of the United .States described above. .. Project Manager ('Gary A'~~~E1 a~''''j~' 'nn Date lanuary 17. 2001 ~ Wetlands are identified and delineated USing the methods and criteria established in the Corps of Engineers Wetland Delineation Manual (87 Manual). Generally, wetlands are determined by the occurrence of hydrophytic vegetation, hydric soils and wetland hydrology; Edition of August 2000. Previous editions obsolete. General Information. As a general rule, all discharges of.fill or dredged material into any wetland or water area require a Section 404 permit from the Carps of Engineers. Persons proposing such work should especially note that, in ALL cases including the non-reporting general permits, GP/LOP- 98-MN requires that adverse impacts on water and wetland resources be avoided and minimized to the maximum extent practical. Discharges that would adversely affect Federal endangered plant or animal species or certain cultural or archaeological resources, or that would impinge or abrogate reserved Native American treaty rights including, but not limited to, reserved water rights and' treaty fishing and hunting rights, are not eligible for authorization under GP/LOP-98-MN, GP/LOP-98-MN CONDITIONS 3, if you discover any previously unknown historic or archaeological remains while accomplishing the activity authorized by GP/LOP-98-MN, you must immediately stop work and notify this office of what you have foun~l. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance-wi.th the terms and conditions of GP/LOP-98-MN. 5. Refer to the GP/LOP-98-MN Standard Conditions at the end of this document, The St.~ Paul District WWW site (http://www,mvp.usace,army.mil) will contain information that is helpful for applicants. General Conditions. . :)1, The time limit for completing work authorized by the GP provisions of GP/LOP-98-MN ends upon the expiration date of GP/LOP-98-MN, The time limit for completing work authorized by the LOP provisions herein ends upon the expiration date of GP/LOP-98-MN or Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 404 of the Clean Water Act U,S.C. 1344). 2. Limits of this authorization. a. GP/LOP-98-MN does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. GP/LOP-98-MN does not grant any property rights or exclusive privileges. two years after the date of the Corps c. GP/LOP-98-MN does not authorize authorization of the work under GP/LOP- any injury to the property or rights of others. 98-MN, whichever occurs later. If you find that you need more time to d. GP/LOP-98-MN does not authorize complete the authorized activity, submit interference with any existing Or your request for a time extension to this proposed Federal project. office for consideration at least three months before the expiration date is reached. 2. You must maintain the activity authorized by GP/LOP-98-MN in good condition and in conformance with the. 3. Umits of Federal Liability, In authorizing-work, the Federal 'Government does not assume any liability, including for the following'. a. Damages to the permitted project or uses thereof as a result of other terms and conditions of this peimit. You permitted or unpermitted activities or are not relieved of this requirement if from natural causes. you abandon the permitted activity, b. Damages to the permitted project although you may make a good faith or uses thereof as a result of current or future activities undertaken by or on transfer to a third party. Should you wish to cease to maintain the authorized behalf of the United States in the public activity or should you desire to abandon interest. '"it without a good faith transfer, you o. Damages to persons, property, or must obtain a modification of this permit to other permitted or unpermitted from this office, which may require activities or structures caused by the restoration of the area. activity authorized by this permit. - d, Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit.'. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not cont?ary to the public interest was made in reliance on the information you provided, 5. Reevaluation of'Permit Decision. This office may reevaluate its decision on this permit at any 'time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see'4 above). c. Significant new information surfaces which this office did. not consider in reaching the original public interest decision. Such'a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.~ or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this-office, and if you fail to comply with such directive, 'this office may in 'certain situations (such as those specified in 33 CFR 2.09.1'70) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1., above, establishes a time limit for the completion, of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request fo~ an extension of this time limit. Standard Conditions. In addition to the preceding general conditions, GP/LOP-98-MN authorize- tions are subject to the following standard conditions, as applicable. These conditions must be satisfied for any GP/LOP-98 authorization, both GPs and LOPs, including the non-reporting ' GPs, to be valid: 1. Compliance Certification. Under all LOP authorizations of GP/LOP-98-MN authorizations, the permittee must submit a compliance certification to the 'St. Paul District within 30 days of Completion of the work. The District will include a certification form with its authorization letters. Permittees may also obtain this form by contacting the St. Paul District. This requirement does not apply to GP authorizations under GP/LOP-98-MN, · 2, Case-by-case conditions. The activity must comply with any special conditions which may have been added by the District or by a state, tribe, or the U.S. Environmental Protection Agency in its ~'~section 401 water quality certification or consistency determination under the Coastal Zone. Management Act, Such conditions will be specifically identified in any LOP issued for the project. 3. Miti.~ation/Se(luencin.(I. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable, unless the District approves a compensation plan that the District determines is more beneficial to the environment than minimization or .. avoidance measures, 4. State/Tribal Water clualltv certification and Coastal zone, management (CZM) consistency determination. Some GP/LOP-98-MN authorizations may not be valid uniess and until an individual Section 401 water quality certification or CZM consistency determination is obtained from or waived by the appropriate agency, if this condition applies, it will be so noted in the District letter of -~ermission. 5. Suitable material. No discharge of dredged or fill material may consist of GP/LOP-98-MN CONDITIONS (continued) unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.,) and material discharged must be free from toxic -pollutants in toxic amounts (see Section 307 of the Clean Water Act). 6. Proper maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 7. Erosion and siltation controls. Appropriate erosion and siltation · controls must be used and maihtained in effective operating condition during construction, and all exposed soil and other fills, as well as any-work below the ordinary high water mark must be permanently stabilized 'at the earliest practicable date. Work should be done in accordance with state-approved, published practices, such as defined in Minnesota Pollution Control Agency Document, PROTECTING WATER QUALITY IN URBAN AREAS - BEST MANAGEMENT PRACTICES FOR. MINNESOTA. 8. Removal of teml3~rary ill!s.. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 9. Endan.qered Si3ecles. a. No activity is authorized which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such. species. Non-federal permittees shall notify the District if any listed species or critical habitat might be affected or is in the vicinity of the project, and shall not begin work on the activity until notified by the District that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. b. Authorization of an activity under GP/LOP-98 does not'authorize the take of a threatened or endangered species" as defined under the Federal Endangered Species Act. in the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with incidental take provisions, etc.) from the U.S. Fish and Wildlife Service both lethal and 'non-lethal takes of protected species are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. Fish and Wildlife Service and National Marine Fisherie~ Service or their world wide web pages on the Internet. c. If it becomes apparent that a · Federally listed endangered plant or animal species will be affected by work authorized by this permit, work must be stopped immediately and the St. Paul District of the .Corps of Engineers must be contacted for further instruction. 10. Historic 13rol3erties, cultural resources. No activity which may affect historic properties listed, or eligible for .listing, in the National Register of Historic Places is authorized, .until the District has, complied with the provisions of 33 CFR Part 325, Appendix C. The prospective permit-tee must include notification to the District in the permit application if the authorized activity may affect any-historic properties listed, determined to be eligible, or' which the prospective permittee has reason to - believe.may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District that the requirements of the National Historic Preservation Act have been satisfied and that'the activity is authorized. Info'nation on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places. 11. Soawnln.q areas,. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable.. 12. Obstruction of high flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters}. 13. Adverse .effects fro..m. iml~oundments. If the discharge creates an impoundment of water, adverse effects on the aquatic system caused' by or the National Marine Fisheries Service, the accelerated passage of water and/or GP/LOP-98-MN CONDITIONS (continued) the restriction of its flow shall be minimized to the maximum extent practicable. 14. Waterfowl breedin.q area, s. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable, 1-6. Navi.qatlon. No activiW may cause more than a minimal adverse effect on navigation. 16. Aquatic life movements. No activiW may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water, 17. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 18. Tribal rights. No activity or its operation may impinge or abrogate reserved treaty rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 19. Wile. a. nd Scenlc Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for'such river, has determined in writing that the proposed activity will not adversely effect the Wild and Scenic River designation, or study.status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service.) 20. Water~ quaFrty standards,.. All work or discharges to a watercourse resulting from permitted construction activities, particularly hydraulic dredging, must meet applicable Federal, State, and local !water quality and effluent standards on :a continuing basis. 21. Preventive measures. Measures must be adopted to prevent potential pollutants from entering the watercourse. Construction materials and debris, including fuels, oil, and other liquid substances, will not be stored in the construction area in a manner that' would allow 'them to enter the watercourse as a result of spillage, natural rUnoff, or flooding. 22. Disposal site.s; If dredged or excavated material is placed on an upland disposal sight labove the ordinary high-water mark), the site must .be securely diked or contained by some other acceptable method that .prevents the return of potentially polluting materials to the watercourse b~ surface runoff or by leaching, The containment area, whether bulkhead or upland disposal sight, must be fully completed prior to the placement of any dredged material. 23. Erosion control. Upon completion of earthwork operations, all exposed slopes, fills, and disturbed areas must be given sufficient protection by appropriate means such as landscaping, or planting and maintaining vegetative cover, to prevent subsequent erosion. Coffer dams shall be constructed and maintained so as to prevent erosion into the water. If earthen material is used for coffer dam. construction, sheet piling, riprap or a synthetic cover must be used to prevent dam erosion. 24. Suitable fil__[ material. All fill (including riprap), if authorized under this permit, must consist of suitable material free from toxic pollutants in other then trace quantities. In addition, rock or fill material used for activities dependent upon this permit and obtained by excavation must either be obtained from existing quarries or, if a new borrow site is opened up to obtain fill material, the State Historic Preservation Officer (SHPO) must be notified prior to the .use of the new site. Evidence of this consultation with the SHPO will be forwarded to the St. Paul District Office. 25. Cultural resources. If cultural, archaeological, or historical resources are unearthed during activities authorized by this permit,, work must be stopped immediately and the State Historic Preservation Officer must be contacted for further instruction. 26. Water intakes~activities. An investigation must be made to identify water intakes or other activities that may be affected by suspended solids and turbidity increases caused by .work in the watercourse. Sufficient notice must be given to the .owners of property where the activities would take place to allow them to prepare for.any changes in water quality. 27. Sp!!l contin.~enc¥ plan. A contingency plan must be formulated that would' be effective in the event of a spill. This requirement is particularly applicable in operations involving the handling of petroleum products. If a spill of any potential pollutant should occur, it is the responsibility of the permittee to remove such material, to minimize any contamination resulting from this spill, and to immediately notify the State Duty Officer at 1~800-422-. 0798 and the U.S. Coast'Guard at telephone number 1-800-424-8802. 28. Other permit requirements: No Corps GP/LOP-98-MN authorization eliminates the need for other loc.al, state or Federal authorizations, including but not limited to National Pollutant Discharge Elimination System (NPDES) or State Disposal System (SDS) permit:~ from the Minnesota Pollution Control Agency, 29. State_ Section 401 Certification Conditions. The Minnesota Pollution Control Agency (MPCA) has certified GP/LOP-98-MN on the condition that ' activities are conducted in accordance with ali applicable provisions of Minnesota Rule 7001.0150, subp. 3. As required by Federal regulation, this condition is incorporated as a condition of GP/LOP-98-MN. ~,~rmlz No. [Ul-Ol~2±-~u~; . ±ssue~: ~anuary ±/,~ zuui 'Permittee: - University of Minnesota Landscape Arboretum . ~lease note that your. permitted activity is .subject to a compliance inspection by U.S. Army Corps of Engineers staff. If you fail to comply with this permit, you are subject to permit suspension, ' modification, or'revocation. Upon completion of the activity authorized by this permit and any required mitigation, date, sign, seal, and return this certification · to the St..Paul District office at the address shown below. "I hereby certify that the work authorized, including any re- quired mitigation by the above-referenced permit has been com- pleted in accordance with the terms & conditions of the permit." (Date) (Signature of Permittee) (fold sheet with address, showing and seal bottom with tape) Folding sheet with this panel out will leave only one open edge to seal. (fold sheet with address showing and seal bottom with tape) Affix First - " Class Postage Here Department of the Army Corps of Engineers CO-R, 190 Fifth Street East St. Paul, MN 55%01-1638