Notice of Decision 03-06-2013Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit (LGU) Address
City of Chanhassen 7700 Market Boulevard, PO Box 147
Chanhassen, MN 55317
1. PROJECT INFORMATION
Applicant Name
Project Name
Date of
I Application
Kimley -Horn and Associates, Inc.
TH 101— CSAH 18 to CSAH 14
Application
I Number
2/1/2012
2012 -01
Attach site locator map.
Type of Decision:
® Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing
❑ Replacement Plan ❑ Banking Plan
Evaluation Panel
® Approve ❑ Approve with conditions ❑ Deny
Summary (or attach):
2. LOCAL GOVERNMENT UNIT DECISION
Date of Decision: March 6, 2012
®Approved ❑ Approved with conditions (include below) ❑ Denied
LGU Findings and Conclusions (attach additional sheets as necessary):
Kimley -Horn and Associates, Inc. has performed a wetland determination and boundary delineation
for a property located along TH 101 from CSAH 18 (Lyman Blvd) to CSAH 14 (Pioneer Trail) within
the potential project area for the TH 101 Road Improvement Project in Chanhassen, MN. This
review identified and delineated five wetlands within the potential project area. Wetland Areas 1, 3,
and 5 are classified as Type 2 — Fresh, wet meadow. Wetland Area 2 is classified as a Type 3 —
Shallow Marsh wetland. Wetland Area 4 is classified as a Type 2 — Fresh, wet meadow, Type 1 —
Floodplain forest, Type 3 — Shallow Marsh, and Type 6 — Shrub -Carr wetland. All wetland areas are
identified on the National Wetland Inventory, and the City of Chanhassen Wetland Inventory.
Wetland area 1 was identified on the DNR PWI as #214W. A Technical Evaluation Panel (TEP)
meeting was held on June 23d, 2011 to review Wetland Areas 3 and 4. No changes were made to the
wetland boundaries as a result of the TEP meeting.
As LGU, we concur with the wetland boundary and types identified in the report.
This concludes our review. Upon the provision of the electronic representation of the delineated
boundaries ( *.shp or *.dwg), this delineation will be considered approved.
BWSR Forms 11 -25 -09 Pagel of3
C
For Replacement Plans usine credits from the State Wetland Bank-
Bank Account #
Bank Service Area
County
Credits Approved for
Name
Title
Terrance Jeffery, WDC
Withdrawal (sq. ft. or nearest .01
e
Date
Phone Number and E -mail
acre
Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the
approval of a Wetland Replacement Plan is conditional upon the following:
❑ Financial Assurance: For project - specific replacement that is not in- advance, a financial
assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule
8420.0522, Subp. 9 (List amount and type in LGU Findings).
❑ Deed Recording: For project- specific replacement, evidence must be provided to the LGU that
the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland"
forms have been filed with the county recorder's office in which the replacement wetland is located.
❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that
BWSR has withdrawn the credits from the state wetland bank as specified in the approved
replacement plan.
Wetlands may not be impacted until all applicable conditions have been met!
LGU Authorized Signature:
Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255,
Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as
specified above. If additional details on the decision exist, they have been provided to the landowner and
are available from the LGU upon request.
Name
Title
Terrance Jeffery, WDC
Water Resources Coordinator
e
Date
Phone Number and E -mail
3/6/2012
952.227.1168
t'effe ci.chanhassen.mn.us
Additional approvals or permits from local, state, and federal agencies may be required. Check with all
appropriate authorities before commencing work in or near wetlands.
Applicants proceed at their own risk if work authorized by this decision is started before the time period
for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be
responsible for restoring or replacing all wetland impacts.
This decision is valid for three years from the date of decision unless a longer period is advised by the
TEP and specified in this notice of decision.
3. APPEAL OF THIS DECISION
Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a
petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of
this Notice to the following as indicated:
BSI Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. Send
petition and $50_00 fee (if applicable) to: petition and $500 filing fee to:
Chanhassen City Council Executive Director
c/o Todd Gerhardt, City Manager Minnesota Board of Water and Soil Resources
7700 Market Blvd, PO Box 147 520 Lafayette Road North
Chanaassen, MN 55317 St. Paul, MN 55155
BWSR Forms 11 -25 -09 Page 2 of 3
4. LIST OF ADDRESSEES
® SWCD TEP member: Greg Grazcyk
BWSR TEP member: Ken Powell
LGU TEP member (if different than LGU Contact):
DNR TEP member: Michael North
DNR Regional Office (if different than DNR TEP member) John Gleason
WD or WMO (notice only): Riley- Purgatory -Bluff Creek Watershed District
Applicant (notice only) and Landowner (if different): City of Chanhassen
Members of the public who requested notice (notice only):
Beth Kunkel, Kimley -Horn and Associates, Inc.
Ashley Payne, Kimley -Horn and Associates, Inc.
Corps of Engineers Project Manager (notice only) Michael Setering
5. MAILING INFORMATION
➢For a list of BWSR TEP representatives, see:
www.bwsr. state .mn.us /aboutbwsr /workareas/WCA areas.vdf
➢For a list of DNR TEP representatives, see: www.bwsr.state.mn.us /wetlands /wca/DNR_TEP contacts.vdf
➢Devartment of Natural Resources Regional Offices:
NW Region:
NE Region:
Central Region:
Southern Region:
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Div. Ecol. Resources
Div. Ecol. Resources
Div. Ecol. Resources
Div. Ecol. Resources
2115 Birchmont Beach Rd.
1201 E. Hwy. 2
1200 Warner Road
261 Hwy. 15 South
NE
Grand Rapids, MN 55744
St. Paul, MN 55106
New Ulm, MN 56073
Bemidji, MN 56601
For a map of DNR Administrative Regions, see: http: / /files.dnr. state .mn.us /aboutdnr /dnr_regions.pdf
➢For a list of Corps of Project Managers, see:
www.mvp.usace. army. mil /re ug laton /default.asp?pageid =687 or send to: Dept. of the Army,
Corps of Engineers, St. Paul District
ATTN: CO -R, 190 Fifth Street East
St. Paul, MN 55101 -1638
➢For Wetland Bank Plan applications, also send a copy of the application to:
Minnesota Board of Water and Soil Resources
Wetland Bank Coordinator
520 Lafayette Road North
St. Paul, MN 55155
6. ATTACHMENTS
In addition to the site locator map, list any other attachments:
® MN WCA Application for Approval of Wetland Type and Boundary
® Wetland Delineation Report prepared by Kimley -Horn and Associates, dated 02/2012.
BWSR Forms 11 -25 -09 Page 3 of 3