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2. Wetland Alteration PermitCITY OF CHANHASSEN PC DATE: December 2, 2003 ~ CC DATE: December 8, 2004 REVIEW DEADLINE: January 5, 2004 CASE #: WAP 2003-3 BY: LH STAFF REPORT PROPOSAL: Wetland Alteration Permit for Placement of a Dock LOCATION: 6735 Lakeway Drive (Lot 6, Block 2 - Whitetail Cove) APPLICANT: Anthony Roepke 6735 Lakeway Drive Chanhassen, MN 55317 PRESENT ZONING: RSF - Single Family Residential District 2020 LAND USE PLAN: Residential Low Density ACREAGE: 2.3 acres DENSITY: 1.2-4 units/acre Net SUMMARY OF REQUEST: Installation of a boardwalk across a wetland to Lake Lucy. Boardwalk will be permanent to minimize impacts to wetland. Notice of this public hearing has been mailed to all property owners within 500 feet and all lakeshore property owners. L_L. LAKE LUCY Roepke Dock WAP December 2, 2003 Page 2 of 4 PROPOSAL SUMMARY The applicant is proposing the installation of a boardwalk from the mar portion of 6735 Lakeway Drive and across a wetland to provide permanent access to Lake Lucy. A permanent floating dock will extend lakeward from the boardwalk to provide boat access by way of a dock. APPLICABLE REGUATIONS Sec. 20-404. No net loss. To achieve no net loss of wetland, except as provided under section 20-416 of this article, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, burn, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. Sec. 20-405. Standards. The following standards apply to all lands within and abutting a wetland: (3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high water mark or six (6) to eight (8) inches above the ground level, whichever is greater. (4) Access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. Roepke Dock WAP December 2, 2003 Page 3 of 4 Sec. 20-407. Wetland alteration. (a) An applicant for a wetland alteration permit shall adhere to the following principles in descending order of priority: (1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; (2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation. Sec. 20-408. Permit required. Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (3) Installation of boardwalks. BACKGROUND The applicant contacted the City during May 2003 regarding the placement of docks/boardwalks on the subject property. Since then, it has been determined that the existing dock on the property does not meet the required setback from the side lot line (10 feet). The applicant plans to remove the existing dock and has applied for a wetland alteration permit in order to install a boardwalk/dock across the wetland that would meet the required setbacks. The wetland along the south edge of the property is adjacent to Lake Lucy. It is classified by the City's Surface Water Management Plan (SWMP) as a natural wetland. The wetland is dominated by cattails. ANALYSIS Posts and pilings for projects typically built on pilings (such as docks and boathouses) are not classified as fill under the Minnesota Wetland Conservation Act (Attachment 4). The applicant has minimized wetland impacts by proposing a permanent structure across the wetland. This will eliminate the need for crossing the wetland annually to install the dock/boardwalk. Roepke Dock WAP December 2, 2003 Page 4 of 4 FINDINGS Permanent structures that minimize or avoid wetland impacts are encouraged where wetland crossings are necessary. Boardwalks are intended to be permanent structures that provide access across wetland areas. The boardwalk should be installed across the wetland as a permanent structure and a dock should extend from the boardwalk into Lake Lucy to provide docking for watercraft. This is consistent with what is proposed by the applicant. The rear portion of the lot at 6735 Lakeway Drive is encumbered by a drainage and utility easement. An encroachment agreement is necessary for the installation of the boardwalk across the easement. The dock setback zone is defined in Section 6-1 of the City Code as "the area inside and running parallel to and ten (10) feet from the extended lot lines of a lot abutting a lake." The dock should be located outside of the dock setback zone. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Wetland Alteration Permit #2003- 3 for a boardwalk across the wetland at 6735 Lakeway Drive subject to the following conditions: The boardwalk shall be installed across the wetland as a permanent structure and a dock shall extend from the boardwalk into Lake Lucy to provide docking for watercraft; 2. The applicant shall enter into an encroachment agreement with the City for the installation of the boardwalk across the drainage and utility easement; and 3. The dock shall be located outside of the dock setback zone." ATTACHMENTS 1. Application received November 6, 2003 2. Referral dated November 7, 2003 3. Notice of Public Hearing, Chanhassen Villager 4. Notice of Public Hearing, Mailed 5. Affidavit of Mailing Notice dated November 17, 2003 6. Aerial photograph of Roepke property 7. Excerpt from Minnesota Wetland Conservation Act (MR 8420.0110) 8. Surveyors Certificate showing proposed dock CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION TELEPHONE (Daytime) ~-/~--M~ TELEPHONE: __ Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non-conforming Use Permit Planned Unit Development* __ Rezoning Sign Permits Sign Plan =Review Site Plan Review* Subdivision* __ Temporary Sales Permit Vacation of ROW/Easements Variance ~v~ Wetland AIteration Permit __ Zoning Appeal Zoning Ordinance Amendment __ Notification Sign X Escr~r Filing Fees/Attorney Cost** (~5~O..C)JP/SP~ACNAR/W AP/Metes ~n-~ Bounds, $400 Minor SUB) TOTAL FEES ~'(~ ' ~ A ,list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building .material samples must be submitted with .site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION /~J~~ ~:~, TOTAL ACREAGE WETLANDS PRESENT ~" YES PRESENT ZONING ~-...'~ ~- NO REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the appliCation shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city he)~by notifies the applicant that development review cannot be completed within 60 days due to public hearing requiremeja'ts/and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day ~ review. Development extension/fc/r developm,,e~ review shall be completed within 120 days unless additional review e~ensTs/~re~ 'Pm~b/t~)~applicant' tc Date Signature of Fee Owner Application Received on Date Fee Paid ~ Receipt No. q 7_ 0 '~ The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant'S address. ~4-o2a~o~1 I. OCA~,-,~TATE-FI~DI~LRI~ WATI~ RESOURCE ~OdEqT NOTIFICATION/APPUCATIOI~ FORM Usa this form to notify/apply to the U.S. Army Corps of Engine.re, the I~nneeota Department of Natural Reanurcee, end your Local Government Unit of · proposed water/wetland project or work which may fall within thek jurisdiction. Those agencies ehoukl advise you of their jurisdiction or permit requirements within 45'day~. Some LGU'e may also require eubmle~ion of their own application forr~. Ril out this form completely and mail · copy, with plane, map,, etc. to each of the ·geneiee listed on the reveres of the form. Keep · copy for your records. YOU MUST OBTAIN ALL REOUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. AGENCY USE ~)NLY; LQU NUMBER: ~ MDNR NUMBER: CORPS NUMBER: Address (~treet, RFD, ~x Nu~er, ~,~State, ~p C~e) ~ ~ Location of proposed project (a~ch drawin~ showing how t~ get to'~ite) I COUN~ OUARTER ~EC~ON(s) SEC~ONS(~) No. TOWNSHIP(~) No. FIRE No., BOX No., OR PROJECT ADDRESS Area Code, Telephone RANGE(.) No Lot, NAMI~ OF WATERBODY AFFECTED ·nd NUMB~B (IF KNOWN) Block, Subdivi.ion IlL ESTIMATED PROJECT COST: $ ~ t ~ IV. VOLUME OF FILL OR EXCAVATION (Cubic Yards): AREA FILLED OR EXCAVATED IS LENGTH OF SHORE AFFECTED (in feet): (~ I (NOTE: You may substitute dimensions) Aorea, OR Square Feet V. TYPE OF WORK AND AREA (CHECK ALL THAT APPLY): [] ACCESS PA~ 1:3 BR~)GE [::] CULVERT [:] DAM ~ CONSTRUCT [] pRAIN r'] I~XCAVATE ]~*Docx C1 R~=RAp [] SANDi~ANr, ET [] FILL [] REMOVE [] ~PAII~ [~LAKE C] SHORELINE [::::] WATERWAY /~ .WETLAND, OTHER (DESCRIBE): WETLAND TYPE(S) AND ACREAGE(S) PROPOSED TO BE FILLED/DRAINED: Att.ch applicable drawing., plane, end ASCS crop photos. Include · description of any propo.ed compensatory mitigation. Important: Identify pny disposal end borrow areas. Describe the work below: how it would be done; what equipment would be used. VI. PROJECT PURPOSE (why ia this project needed-what ben.rite will it provide?): VII. ALTERNATIVES (describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing weft.nd/water impacts: Attach additional shasta, if needed). VIII. DATES: Proposed start of activity: /7_./C),~ (identify any completed work on an attached drawing) Propoeed completion: IX. ADJOINING PROPERTY OWNERS (Attach li.t if more than two) X. PERMITS have been received (enter an R) or already ap_plied for (enter an ~) JLom: DI~ TowN/CrrY WA~;RSHED D~TI~Cr MN POU.UnON CONTROl AGENCY 2~p AJuzv CoaPs o~ ENCaN~RS Cou~mr Has an archaeological survey of the project site been done? If so, by whom: Jl hereby notify tha)~c~lent* of ~ form of the project propceed herein and requeet that I be adviaed of any permit* or other determinations concerning ~hle p,l~Je~{ that I mu~t~l. I understand that proceeding with work before ell required authorb:etiorm ere obtained may subject me to Federal, State, ~)/td/~ le~cal adj~n~'e/~ve, civil and/or oriminal penalties. Signature e~ Per'~'~'n P-roposi/g~roject or Agent PLEASE OARI~ULLY READ AND COMPLETE BACK OF FORM > > · INSTRUCTIONS-PLEASE READ CAREFULLY A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below. P~ease check appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for your records. LOCN. GOVB~M~ UNrr (LGU): city, county, or watershed management organization. Specify the LGU to which you are sending .the form: The local Sou. AND WATE]~ CONSERVATION DeTraCT (SWCD) for the project. Specify the county SWCD: WATERSHED DwrmcT (if one exists for the project area). Specify the Watershed District: MINNESOTA DEPARTMENT OF NATURAL RESOURCES (MDNR) regional office U.S. ARMY CORPS OF ENGINEERS (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 (MI=CA). MPCA water quality rules may apply to your proposed project. ATTENTION (FROM USDA}: Any activity Including drainage, dredging, filling, leveling or other manlpulations, Including maintenance, may affect a landuser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check with your local USDA office to request and complete Form AD-1026 prior to Initiating activity. !MPORTANT: Some agencies, including the Corps of Engineers and the MDNR accept this form as a permit application form. If 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. Application/~s hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the inforrn~gion co/l~ned in this application, and that to the best of my knowledge and belief such information is true, complet¥/bn~l ac~cur/at~ I fu~her codify that I possess the a~horiW to unde~ake the proposed activities or I am acting as t~ du~~d~nt~f ~e applicant. / / pplicant ~ate Sig~ture of Agent Note: The application mu~ be signed by the person who desires to unde~ake ~ proposed activiW (applicant) or may be signed by a duly a~horized agent if the information reque~ed below is provided. Agent's Name and title: Agent's address: Agent's telephone: 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jufl~di~tton'of any'd~rtment or agency of TI~ Unitad States knowingly and willfully falaifiee, oonceala, or cover~ up by any trick, echeme, or device I material feet or makee any false, fiotifioue or fraudulent atataments or repreeentatione or makee or uaee any false writing or document knowing acme to contain any falee, flctitioua, or fraudulent atatement or entry, ahall be fined not more than $10,000 or impriaoned not more than five yearn, or both. SEE ATrACHMENT ABOUT MDNR PERMIT FEES Dock would be approximately 100' long from shoreline to get past the reeds. (This would be cedar wood) The dock would continue approximately 50'long or as required to get past the Lilly pads. (This would be floating and made of aluminum) The entire dock structure would be permanent. City of Chanhassen 7700 Market Blvd., P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 Date: November 7, 2003 To: Development Plan Referral Agencies From: Planning Department By: Loft Haak Subject: Request for a wetland alteration permit for the construction of a permanent boardwalk/dock on a single family home on property zoned RSF located in at 6735 Lakeway Drive, Anthony Roepke. Planning Case: WAP 2003-3 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on November 6, 2003 60 day review period January 5, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on Tuesday, December 2, 2003 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than November 19, 2003. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator 3. Soil Conservation Service 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6~ ~. MN Dept. of Natural Reso~ces~ 8. Telephone Company (US West or Sprint) 9. Electric Company (NSP or MN Valley) 10. Mediacom Cable System 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services ~er SWCD ~"~ .ilac Lane 1 BANEBERRY WAY 2 CLOVER 3 CONEFLOWEF PRIMROSE PLACE 6 CONE FLOWER CRV S 7 BLUEBONNET BLVD 8 CHICORYWAY 9 POPPY DR 10 BLUE SAGE LN E 11 WATERLEAF LANE E 12 LADY SLIPPER LANE 13 BUTTER CUP CRT 14 BLUESAGE LN W 15 WATERLEAF LANE W 16 SNAPDRAGON DR McGI Coud NOTICE OF PUBLIC HEARING PROPOSED WETLAND ALTERATION PERMIT, WAP 2003-03 CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public heating on Tuesday, December 2, 2003, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this heating is to consider the Wetland Alteration Permit application of Anthony Roepke, 6735 Lakeway Drive, for the placement of a dock. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Loft Haak, Water Resources Coordinator Phone: 952-227-1135 (Publish in the Chanhassen Villager on November 20, 2003) NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, DECEMBER 2, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Wetland Alteration Permit for the construction of a permanent boardwalk/dock on property zoned RSF APPLICANT: Anthony Roepke 6735 Lakeway Drive NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Anthony Roepke, is requesting a Wetland Alteration Permit to allow the construction of a permanent boardwalk/dock on property zoned RSF located at 6735 Lakeway Drive. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing 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 hearing 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 Friday. (City Hall will be closed on Thursday, November 27 and Friday, November 28.) If you wish to talk to someone about this project, please contact Lori Haak at 952-227-1135 or e-mail Ihaak@ci.chanhassen.mn.us. If you choose to submit written 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 hearing has been published in the Chanhassen Villager on November 20, 2003. Lake Lucy City Review Procedure Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. Staff prepares a report on the subject application. This report includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings'and land use amendments from residential to commercial/industrial. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. g:\plan~forms~review procedure ALAN ROBERT & MARY E WEINGART 1685 STELLER CT EXCELSIOR MN 55331-9080 BONNIE S MCCOSKEY 6720 POINTE LAKE LUCY CHANHASSEN MN 55317-8434 BRIAN J WARPINSKI & KELLY A CYSKIEWICZ 4936 DUPONT AVE S MINNEAPOLIS MN 55409-2328 BRIAN R & JENNIFER B JOHNSON 6639 LAKEWAY DR CHANHASSEN MN 55317-7578 CARL III & DAYNA M BERGQUIST 6670 POINTE LAKE LUCY CHANHASSEN MN 55317-8433 DALE E & GLORIA J CARLSON 6900 UTICA LN CHANHASSEN MN 55317-9201 DENALI CUSTOM HOMES 2600 CHRISTIAN CT CHASKA MN 55318-1991 DENNIS E & SUSAN J SCHEPPMANN TRUSTEES OF TRUST 6740 LAKEWAY DR CHANHASSEN MN 55317-7579 DONALD J & NANCY L GIACCHETTI 6679 LAKEWAY DR CHANHASSEN MN 55317-7578 EDWIN & CORREEN G NEWINSKI 6930 UTICA LN CHANHASSEN MN 55317-9201 ERIC MICHAEL RIVKIN 1695 STELLER CT EXCELSIOR MN 55331-9080 GERALD F HOFFMANN 6830 UTICA TER CHANHASSEN MN 55317-9557 HEIDI J CARISCH 7000 UTICA LN CHANHASSEN MN 55317-9214 JACK J & KATHRYN K RANDALL 1571 LAKE LUCY RD EXCELSIOR MN 55331-9022 JAMES & CLAUDETTE G SCHLUCK 6800 UTICA TER CHANHASSEN MN 55317-9557 JAMES H & GWEN M WILDERMUTH 6672 LAKEWAY DR CHANHASSEN MN 55317-7578 JEFFREY T DAHL & PATRICIA J CHAPMAN 6675 LAKEWAY DR CHANHASSEN MN 55317-7578 JOHN B & CAROL C GOODMAN 6686 POINTE LAKE LUCY CHANHASSEN MN 55317-8433 JOSEPH J & D GAYLE MORIN 1441 LAKE LUCY RD CHANHASSEN MN 55317-8405 KRIS E & LISA T BERGLY 6687 LAKEWAY CT CHANHASSEN MN 55317-7578 LAWRENCE H & NANCY S MCDOWELL 6663 LAKEWAY DR CHANHASSEN MN 55317-7578 LOSCHEIDER CUSTOM HOMES INC 1607 FLORIDA AVE N GOLDEN VALLEY MN 55427-4205 MATTHEW L & SUZANNE C WOODS 6745 LAKEWAY DR CHANHASSEN MN 55317-7579 MAX C & JAN M GLENN 6712 LAKEWAY DR CHANHASSEN MN 55317-7579 MICHAEL KRAUSE & KRESSIN KRAUSE 7050 UTICA LN CHANHASSEN MN 55317-9214 NOECKER DEVELOPMENT LLC 8315 PLEASANT VIEW DR MOUNDS VIEW MN 55112-6139 PATRICK A MOHR & MAUREEN D LORD MOHR 6890 UTICA TER CHANHASSEN MN 55317-9557 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317-8201 RICHARD W DENMAN & LINDA PETERSON DENMAN 6656 POINTE LAKE LUCY CHANHASSEN MN 55317-8433 ROCKFORD R WALDIN JUDY M CHRISTENSEN 7100 UTICA LN CHANHASSEN MN 55317-9528 ROGER M & E ELAINE SAMPSON 6710 POINTE LAKE LUCY CHANHASSEN MN 55317-8434 RONALD C & MARY ELLEN KNUDTEN 6850 UTICA TER CHANHASSEN MN 55317-9557 SCOTT E & TAMARA G SATHER 7090 UTICA LN CHANHASSEN MN 55317-9214 STATE OF MINNESOTA IN TRUST CIO AUDITOR - DNR WITHHELD 600 4TH ST E CHASKA MN 55318-2184 THOMAS A & JEAN B HOGHAUG 7140 DERBY DR CHANHASSEN MN 55317-9288 WILLIAM B & PATRICIA C WARD 6960 UTICA LN CHANHASSEN MN 55317-9201 WILLIAM D LAMBRECHT & JOANNE M LAMBRECHT 6990 UTICA LN CHANHASSEN MN 55317-9201 /Lane 6735 Lakeway Drive Lake Harrison Lake Lucy 3 Lake Ann 6 CONE FLOWER CRV S 7 BLUEBONNET BLVD CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF M1N~SOTA) ) SS. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on November 17, 2003, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of A Wetland Alteration Permit for the construction of a permanent boardwalk/dock on property zoned RSF, 6735 Lakeway Drive to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kareff'J. Engq~hat[dt, Del~y Clerk Subscribed and sworn to before me this __ day of ,2003. Notary Public g:\eng~forms\affidavit.doc 1 Subp. 12. Day. "Day" means a calendar day unless 2 specified otherwise. The day of the event shall not be used in 3 counting any time period. 4 Subp. 13. Repealed, 22 SR 1877 5 Subp. 13a. Degraded wetland. "Degraded wetland" means a 6 wetland that provides minimal wetland function and value due to 7 human activities such as drainage, diversion of watershed, 8 filling, excavating, pollutant runoff, and vegetative or 9 adjacent upland manipulation. 10 Subp. 14. Ditch. "Ditch" means an open channel to conduct 11 the flow of water, as defined in Minnesota Statutes, section 12 103E.005, subdivision 8. 13 Subp. 15. Drain or drainage. "Drain" or "drainage" means 14 any method for removing or diverting waters from wetlands. The 15 methods shall include, but are not limited to, excavation of an 16 open ditch, installation of subsurface drainage tile, filling, 17 diking, or pumping. 18 Subp. 16. Drainage system. "Drainage system" means a 19 system of ditch or tile, or both, to drain property, including 20 laterals, improvements, and improvements of outlets. 21 Subp. 17. Excavation. "Excavation" means the displacement 22 or removal of substrate, sediment, or other materials by any 23 method. 24 Subp. 18. Fill. "Fill" means any solid material added to 25 or redeposited in a wetland that would alter its cross-section 26 or hydrological characteristics, obstruct flow patterns, change 27 the wetland boundary, or convert the wetland to a nonwetland. 28 It does not include posts and pilings for linear projects such 29 as bridges, elevated walkways, or powerline structures, or 30 structures traditionally built on pilings such as docks and ,31 boathouses. ~f~ ~nclude pO~tS an~ pilihg§' that result ih 32 bringing the wetland into a nonaquatic use or significantly 33 altering the wetland's functions and values, such as the 34 construction of office and industrial developments, parking 35 structures, restaurants, stores, hotels, housing projects, and 36 similar structures. It does not include slash or woody 37 vegetation, if the slash or woody vegetation originated from 38 vegetation growing in the wetland and does not impair the flow 39 or circulation of water or the reach of the wetland. 40 Subp. 18a. 50 to 80 percent area. "50 to 80 percent area" 41 means a county or watershed with at least 50 percent but less 42 than 80 percent of the presettlement wetland acreage intact. 43 Subp. 19. Floodplain wetland. "Floodplain wetland" means 44 a wetland located in the floodplain of a watercourse, with no 45 well defined inlets or outlets, including tile systems, ditches, 46 or natural watercourses. This may include the floodplain itself 47 when it exhibits wetland characteristics. 48 Subp. 20. Flow-through wetland. "Flow-through wetland" 49 means a wetland with both a well defined outlet and one or more 50 well defined inlets, including tile systems, ditches, or natural 51 watercourses. 52 Subp. 20a. Greater than 80 percent area. "Greater than 80 53 percent area" means a county or watershed where 80 percent or 54 more of the presettlement wetland acreage is intact and: 55 A. ten percent or more of the current total land area 56 is wetland; or 57 B. 50 percent or more of the current total land area 58 is state or federal land. 59 Subp. 20b. Hayland. "Hayland" means an area that was 60 mechanically harvested or that was planted with annually seeded 61 crops in a crop rotation seeded to grasses or legumes in six of 62 the last ten years. 63 Subp. 21. Hydric soils. "Hydric soils" means soils that SURVEYS COMPANY, INC. I_;AND SURVEYORS REGISTERED UNDER'-THE LAWS OF STATE OF MINNESOTA Established in 1962 7601 73rd AVenue North Minneapolis. ~lnnesota 55428 Phone No. 763-560-3093 Fax No. 763-$60~3693 ~urue~-nrs (!Irrtifirale §e.otes existing contour lines Denotes Drooosed contour lines S 89°$6, 36" E 305. t9 INVOICE NO. .64361 F.B,NO. 914-16 SCALE: t" ~__~0' ,, ;..-it,' ~ ~< VEriFy UTIL TY HOOKUP ~LEVAT ON/ ~9 -J" PRIOR ~O BASE&lENT ~(~AVATION ~ : ' ...... Proposed ~ Reset '': r . ~ AS BUILT SURV~ REQUIRED ' ~-- ~ BEFORE C~ ~ BE I~U~ "" '