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Foxwood Permit 6_27_16Foxwood City of Chanhassen,Carver County, Minnesota Wetland Permit Application Prepared for Gonyea Homes & Remodeling by Kjolhaug Environmental Services Company, Inc. (KES Project No.2015-170) June 27, 2016 Foxwood City of Chanhassen,Carver County, Minnesota Wetland Permit Application TABLE OF CONTENTS I. INTRODUCTION/SUMMARY...................................................................................1 Project Purpose and Need ..........................................................................................1 Project Goals and Requirements ................................................................................2 II. SITE DESCRIPTION..................................................................................................2 Proposed Project Location and Environmental Setting ..............................................2 Wetland Delineation and Jurisdictional Status ...........................................................3 III. PROPOSED PROJECT ............................................................................................3 Proposed Project Description and Schedule ...............................................................3 IV. SEQUENCING DISCUSSION ..................................................................................4 No-Build Alternative ..................................................................................................4 Wetland Avoidance Design ........................................................................................5 Proposed Alternative ..................................................................................................5 Wetland Impact Minimization ...................................................................................5 Wetland Impact Rectification .....................................................................................5 Wetland Impact Reduction or Elimination Over Time ..............................................5 Proposed Wetland Impacts .........................................................................................6 V. WETLAND REPLACEMENT PLAN .......................................................................6 Replacement Requirement and Preferred Replacement Plan .....................................6 VI. REQUESTED APPROVALS ....................................................................................6 FIGURES 1.Site Location 2.Existing Conditions Map 3.Proposed Wetland Impact APPENDICES A.Joint Application for Activities Affecting Water Resources in Minnesota B.Proposed Project Plans C.Wetland Bank Credit Purchase Documents 1 Foxwood City of Chanhassen,Carver County, Minnesota Wetland Permit Application I.INTRODUCTION/SUMMARY Gonyea Homes is proposing to develop a 44-acre site in the City of Chanhassen to provide 46 new single-family residential lots with associated streets,utilities,stormwater treatment areas, and buffers on avoided wetlands.Stormwater management practices will provide treatment of runoff prior to discharge to wetlands. The project will be located west of Great Plains Boulevard (Highway 101) and south of Lyman Boulevard (County Road 18)in Section 23, T116N, R23W,City of Chanhassen,Carver County, Minnesota.The project falls in the Riley Creek Minor Watershed and Major Watershed 33 (Minnesota River -Shakopee). The project will require 2,565 square feet (0.0589 acre)of fill in one wetland. The proposed wetland impact is unavoidable due to the need for an interconnected street network and residential land use efficiency. Wetland impacts will be replaced through the purchase of 5,130 square feet (0.1178 acre) of wetland credit from the German Settlement Wetland Bank, account 1175.This wetland bank is located within the same Major Watershed (33)and same Bank Service Area (9). Purchasing wetland credits allows for replacement of wetland functions in advance of wetland fill and replacement of unavoidable wetland impacts with equal or higher functioning compensatory wetland mitigation. The following narrative describes the site, the project, wetland sequencing, and the wetland replacement plan. Figures and appendices are referenced and attached.The Joint Application Form for Activities Affecting Water Resources in Minnesota is included in Appendix A. Project Purpose and Need The purpose of Foxwood is to create a residential community that provides low density single- family housing with connections to municipal utilities in the City of Chanhassen. The project will help fulfill the need for a variety of low density housing within the Metropolitan Urban Service Area and the City of Chanhassen, consistent with the City of Chanhassen 2030 Comprehensive Plan. Foxwood Wetland Permit Application 2 Project Goals and Requirements The goals and requirements of Foxwood are to: 1.fulfill the project purpose as described above; 2.provide 46 single-family homes served by municipal water and sewer; 3.extend municipal infrastructure and services such as streets and storm sewer to serve the proposed neighborhood; 4.create a safe, efficient, and interconnected transportation network with streets that extend through the neighborhood and connect to adjoining lands; 5.provide effective drainage for the site while capturing and treating stormwater runoff in a manner consistent with local, state and federal standards; 6.avoid and minimize effects on wetlands and water resources to the extent practicable; 7.replace unavoidable wetland impacts with compensatory wetland mitigation that has wetland functions equal to or exceeding those of the impacted wetlands; and 8.establish easements over avoided wetlands and buffers to help ensure their long-term protection. II.SITE DESCRIPTION Proposed Project Location and Environmental Setting The project is proposed on 44 acres of land located west of Great Plains Boulevard (Highway 101) and south of Lyman Boulevard (County Road 18)in Section 23, T116N, R23W,City of Chanhassen,Carver County,Minnesota (Figure 1).The site corresponds to two Carver County PIDs:250232100 (Wilson Property)and 250240810 (Paulson Property).The project falls in the Riley Creek Minor Watershed and Major Watershed 33 (Minnesota River -Shakopee). For the Wilson property, the northeast portion of the site was dominated by a tree nursery, the southern portion was dominated by grassy meadow, hardwood, and coniferous forest. A barn and several structures were present within the nursery portion of the parcel. For the Paulson property, the majority of the site was forested with a single-family home located near the center of the center of the parcel.Adjacent land use was primarily single-family homes, hardwood and coniferous forest, and a community park. The center of the site was highest in elevation with the site sloping downward to the north and south towards Wetlands 1 and 4. Eight depressional wetlands were identified and delineated throughout the two properties (Figure 2). The site topography includes significant slopes and flat basins. Elevations are highest at 934 feet above msl in the center of the site,and lowest at 886 feet in the northwestern part of the site (within Wetland 1). Foxwood Wetland Permit Application 3 Wetland Delineation and Jurisdictional Status Kjolhaug Environmental Services Company (KES)inspected the 38.85-acre Wilson Nursery Property on October 2, 2015 for the presence and extent of wetland. The 4.99 -acre Paulson Property was inspected on April 26, 2016 for the presence and extent of wetland.The sites were reviewed and field verified by the Technical Evaluation Panel (TEP) on May 10th. The approved wetland boundaries are shown of Figure 2. The Wilson/Paulson wetland delineation report was submitted to the regulatory agencies on June 7, 2016 and approval is pending (the T EP agreed with the wetland delineation during the site review as depicted on Figure 2). A request to the U.S. Army Corps of Engineers (USACE)for a Preliminary Jurisdictional Determination was submitted with the delineation report. Delineated wetlands are shown on Figure 2 and wetland characteristics are listed in Table 1 below.A copy of the complete Delineation Report is available upon request. Table 1. Wetlands delineated on the Wilson Nursery/Paulson site Wetland ID Wetland Type Dominant VegetationCircular 39 Cowardin Eggers and Reed 1 (Wilson)Type 1/3/5 PEM1A/PEM1C/ PUBG Seasonally flooded basin/shallow marsh/shallow open water Reed canary grass,Typha spp. 2 (Wilson)Type 1 PEM1A Seasonally flooded basin Reed canary grass 3 (Wilson)Type 1 PEM1A Seasonally flooded basin Reed canary grass 4 (Wilson)Type 1/3/5 PEM1A/PEM1C/ PABG Seasonally flooded basin/shallow marsh/shallow open water Reed canary grass, cattail species, sedge species 5 (Paulson)Type 3 PEM1C Shallow marsh Sedge, manna grass,Polygonum sp., broad-leaved cattail 6 (Paulson)Type 1 PEM1A Seasonally flooded basin Sedge, hog-peanut 7 (Paulson)Type 1 PFO1A Seasonally flooded basin, forested American elm, bur oak 8 (Paulson)Type 1/1L/3 PEM1A/PFO1A/ PEM1C Seasonally flooded basin/forested/ shallow marsh Reed canary grass, garlic mustard, common buckthorn, American elm, boxelder,Typha spp. III. PROPOSED PROJECT Proposed Project Description and Schedule Gonyea Homes is proposing to develop a 44-acre site in the City of Chanhassen to provide 46 new single-family residential lots with associated streets, utilities, stormwater treatment areas, Foxwood Wetland Permit Application 4 and buffers on avoided wetlands (Grading Plan).Stormwater management practices will provide treatment of runoff prior to discharge to wetlands.Foxwood will be consistent with the City of Chanhassen Comprehensive Plan, which guides the area for low density residential development. Paved municipal streets will be extended through the development area to access residential lot locations. Streets will connect to Great Plains Boulevard to the northeast and will be stubbed in for future extension onto adjoining properties to the south. Project construction is expected to start in late summer of 2016.Foxwood will be graded in one phase. Streets and infrastructure such as storm sewer will be installed at the initiation of construction. Earthwork and seeding is expected to be completed by December of 2016. Completion of home construction will follow per market demands. IV.SEQUENCING DISCUSSION All project options considered met the following goals for the development project: 1.Construct 46 single-family homes served by municipal water and sewer. 2.Install utility services, including water, sanitary sewer, communications , and electricity. 3.Provide treatment of storm water to applicable City, State and Federal standards. 4.Mitigate for indirect impacts to wetlands and provide replacement per WCA and Section 404 requirements. The following discussion addresses wetland avoidance, impact minimization, impact reduction and elimination over time, and replacement in compliance with Minnesota Wetland Conservation Act (WCA) and Section 404 of the Clean Water Act (404) requirements. Specifically, the sequencing discussion includes a summary of alternatives considered and changes made to the plan to minimize wetland impacts. No-Build Alternative The No-Build Alternative was considered as a way to eliminate wetland impacts associated with the project.Although the no-build alternative would avoid wetland impacts, it would not fulfill the project purpose, need, goals, or requirements.The No-Build Alternative would not be consistent with the City of Chanhassen Comprehensive Plan, which guides the project area for low density residential development, nor would it be consistent with policies set forth in the Metropolitan Council’s 2030 Regional Development Framework, which: (1)targets higher density in locations with convenient access to transportation corridors and adequate sewer capacity, and (2) favors efficient and economical use of regional infrastructure. Even if the no-build alternative were implemented, population growth and development pressure would continue to affect the proposed development site. This would likely cause a similar residential development proposal to arise for the property in the near future. When similar land development proposals have been unsuccessful in the past, another development proposal has typically been brought forth as soon as market conditions become more favorable.For these reasons the no-build alternative was rejected as an approach to avoiding wetland impacts. Foxwood Wetland Permit Application 5 Wetland Avoidance Design A second alternative project design that completely avoids all wetland impacts was considered. A road is proposed to connect the Foxwood development to the adjoining property to the south. This connection requires a crossing of Wetland 3 resulting in 0.0589 acre of wetland impact. The wetland impact could be avoided if the road were stubbed north of the wetland.While this design would eliminate direct impacts to Wetland 3 it would also eliminate the connection to the parcel to the south which is required by the City of Chanhassen for future development. In addition to the road crossing at this location, utilities will cross at this location to the parcel to the south providing services to the adjoining property. A third alternative would be to shift the road crossing to the east approximately 100’ to cross the wetland at its narrowest point.However,the topography at this location is rather steep making it difficult to construct a safe and functional road.The topography at the proposed location is flatter and a high point providing a more functional route for the road crossing. Because the direct wetland avoidance alternative design would require a reduction in project scale and would eliminated the required connection to the adjacent parcel -it was rejected as an alternative to avoiding wetland impacts. No alternatives were identified that met all described project requirements while completely avoiding both direct and indirect wetland impacts. Wetland Impact Minimization As previously indicated, shifting the road crossing to the east would minimize wetland impact however the topography at this location would make the road grade difficult to achieve. No other wetland impacts are proposed. Wetland Impact Rectification No temporary wetland impacts are proposed within wetlands on the site. Wetland Impact Reduction or Elimination Over Time Several practices to be implemented to help reduce or eliminate wetland impacts over time, including: 1.designating buffers along avoided wetlands to protect against indirect impacts; 2.seeding disturbed portions of the buffers to appropriate grassland seed mixes to establish permanent cover that will reduce or eliminate soil erosion and effects on offsite wetlands and downstream water resources; 3.constructing stormwater basins to manage and reduce potential effects of stormwater runoff; and 4.complying with the NPDES Industrial Stormwater Permit to reduce pollutants in stormwater discharges. Foxwood Wetland Permit Application 6 Proposed Plan/Summary of Impacts The proposed plan is included in Appendix B (Plan Sheet 22).The proposed project meets the needs of Gonyea Homes, is compatible with adjacent land uses, and all required services can efficiently be extended to the site. The development of this site for a housing development represents orderly and logical use of available property and is an effective use of infrastructure in the City of Chanhassen. Direct impact to Wetland 3 cannot be eliminated without significantly reducing the scope of the project and eliminating the required connection to the adjacent property.The proposed plan requires 0.0589 acre of permanent, unavoidable impact to Wetland 3. V.WETLAND REPLACEMENT PLAN Replacement Requirement and Preferred Replacement Plan The required replacement for wetland impacts in a county with less than 50 percent of its pre- settlement wetland acreage remaining is at a 2:1 ratio. The project and proposed wetland bank replacement site is in BSA 9 and major watershed #33. The replacement calculations for the project are as follows: 0.0589 acre of proposed fill x 2.0 (2:1 ratio) 0.1178 acre of required replacement Replacement for project impacts will be satisfied through the purchase of 0.1178 acre of Standard Wetland Credit (SWC) from the German Settlement Wetland Bank. The bank site is located in Bank Service Area 9 and major watershed #33, which is the same BSA and watershed as the Foxwoods site. A signed purchase agreement and the Application to Withdrawal Wetland Credits are included in Appendix C.Monitoring and management is the responsibility of the German Settlement Wetland Bank. VI.REQUESTED APPROVALS Developing Foxwood in a manner consistent with the project purpose, need, goals, and requirements will necessitate 2,565 square feet (0.0589 acre)of impact to Type 1 Seasonally flooded wetland (Figure 3).All wetland impacts will occur onsite. This application requests wetland approvals from the City of Chanhassen (Local Government Unit administering the WCA) and the USACE (regulatory authority administering Section 404 of the Clean Water Act). Specifically, this application requests: 1.wetland replacement plan approval from the City of Chanhassen;and Foxwood Wetland Permit Application 7 2.authorization under RGP-003-MN from the USACE. Foxwood is eligible for authorization under USACE Regional General Permit RGP-003-MN, Category O, because it is a residential development that will fill less than 0.50 acre of wetlands and Waters of the U.S. Foxwood Wetland Permit Application FIGURES 1.Site Location 2.Existing Conditions Map 3.Proposed Wetland Impact © OpenStreetMap (and) contributors, CC-BY-SA Figure 1 - Site Location Map Wilson Nursery (KES 2015-170)Chanhassen, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 0.250.125 Miles Project Location !( !( !( !( !(!( !(!( !(!( !(!(!( !( !(!( 9 1 2 8 9 8 9 0 0 9 0 2 9 0 4906 9 0 8 9 1 0 9 1 4 9 1 6 896 918 894 8 9 2 92 0 8 9 0 8 8 8 9 2 2 8 8 6 9 2 4 926 8 8 4 882 8 8 0 928 878 9 3 0 876874 9 3 2 9 3 4 9 3 6 922 9 3 2 8 8 8 9 1 8 906 9 1 2 9 2 2 890 9 1 4 9 2 8 9 3 2 902 8 8 8 902 902 8 8 6 9 2 6 894 9 3 2 908 9 0 6 90 8 8 9 4 916 924 9 2 4 92 2 9 2 4928 8 9 2 918 9 1 6 9 2 2 8 9 6 9 2 4 914 9 1 6 932 9 2 6 8 8 6 9 3 4 886 9 2 6 898 924 9 2 0 9 0 6 8 7 6 9 3 0 9 0 4 930 9 1 8 9 2 0 8 9 6 9 0 4 9 1 0 9 0 6 8 9 2 8 8 8 928 9 1 0 9 1 4 8 9 6 8 8 8 926 9 1 6 8 9 6 922 9 2 0 924 9 0 8 930 Figure 2 - Existing C onditions Map (World Ima gery ) Wilson N ursery/Paulson (KES 2015-170)Chanhassen, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯ Tr ansect !(Sample Point Approxima te Boundar y Final Boun dary 5_1 2_16 Carver County Lidar 0 500250Feet Wetland 18.41 Ac Wetland 20.16 Ac We tland 44.28 Ac Wetland 30.16 Ac We tland 50.10 Ac Wetland 60.01 Ac We tland 70.02 Ac Wetland 80.75 Ac Figure 3 - Proposed Wetland Impact (World Imagery) Wilson N ursery/Paulson (KES 2015-170)Chanhassen, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯ Pro posed Wetland Im pact Approxima te Boundar y Final Boun dary 5_1 2_16 0 500250Feet Wetland 3 Impa ct2,565 sq ft (0.0 589 ac) Foxwood Wetland Permit Application APPENDIX A Joint Application for Activities Affecting Water Resources in Minnesota Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 11 Project Name and/or Number:Foxwood PART ONE: Applicant Information If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified.If the applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf ,the agent’s contact information must also be provided. Applicant/Landowner Name:Bill Coffman, Gonyea Homes & Remodeling Mailing Address:6102 OLSON MEMORIAL HIGHWAY,GOLDEN VALLEY, MN 55422 Phone:(612)202-0692 E-mail Address:billcoffman@cbburnet.com Contact (do not complete if same as above):Ben Carlson, Kjolhaug Environmental Services Mailing Address:26105 Wild Rose Lane Sherwood, MN 55331 Phone:952-401-8757 E-mail Address:ben@kjolhaugenv.com Agent Name: Mailing Address: Phone: E-mail Address: PART TWO: Site Location Information County:Carver City/Township:Chanhassen Parcel ID and/or Address:250232100 (Wilson) and 250240810 (Paulson) Legal Description (Section, Township, Range):Section 23, Township 116N,Range 23W Lat/Long (decimal degrees): Attach a map showing the location of the site in relation to local streets, roads, highways. Approximate size of site (acres) or if a linear project, length (feet):44 acres If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the names and addresses of all property owners adjacent to the project site.This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform_4345_2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval, exemption determination,jurisdictional determination,or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed,the project purpose and need,and schedule for implementation and completion.The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources (wetland, lake,tributary, etc.)and must also include plans and cross section or profile drawings showing the location,character, and dimensions of all proposed activities and aquatic resource impacts. The applicant is proposing a single-family housing development with 46 lots within the City of Chanhassen.The project is intended to fulfill the need for housing within the City. The City is requiring a necessary road crossing of Wetland 3 to pr ovide a future connection to the property to the south of the Wilson Property. Permanent wetland impact totals 0.05 89 acre and will be mitigated for through purchase of 0.1178 acre of wetland credits from the German Settlement Bank in Scott Co. Minnesota Interagency Water Resource Application Form February 2014 Page 7 of 11 Project Name and/or Number:Foxwood Attachment C Avoidance and Minimization Project Purpose,Need, and Requirements.Clearly state the purpose of your project and need for your project. Also include a description of any specific requirements of the project as they relate to project location, project footprint, water management, and any other applicable requirements. Attach an overhead plan sheet showing all relevan t features of the project (buildings, roads, etc.),aquatic resource features (impact areas noted)and construction details (grading plans, storm water management plans, etc.), referencing these as necessary: The applicant is proposing a single-family housing development with 46 lots within the City of Chanhassen. The project is intended to fulfill the need for housing within the City. The City is requiring a necessary road crossing of Wetland 3 to pr ovide a future connection to the property to the south of the Wilson Property. Permanent wetland impact totals 0.0589 acre and will be mitigated for through purchase of 0.1178 acre of wetland credits from the German Settlement Bank.Storm water will be treated to local/city/watershed/state standards. Avoidance.Both the CWA and the WCA require that impacts to aquatic resources be avoided if practicable alternatives exist. Clearly describe all on-site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives that avoid all impacts to aquatic resources on the site. These alternatives may include alternative site plans, alternate sites, and/or not doing the project.Alternatives should be feasible and prudent (see MN Rules 8420.0520 Subp. 2 C).Applicants are encouraged to attach drawings and plans to support their analysis: All wetlands save Wetland 3 will be avoided. The City is requiring a necessary road crossing of Wetland 3 to provide a future connection to the property to the south of the Wilson Property. The impact to Wetland 3 cannot be avoided. Minimization.Both the CWA and the WCA require that all unavoidable impacts to aquatic resources be minimized to the greatest extent practicable.Discuss all features of the proposed project that have been modified to minimize the impacts to water resources (see MN Rules 8420.0520 Subp. 4): The crossing of Wetland 3 minimizes the wetland impact to the extent possible without losing a signif icant number of lots. Off-Site Alternatives. An off-site alternatives analysis is not required for all permit applications.If you know that your proposal will require an individual permit (standard permit or letter of permission) from the U.S. Army Corps of Engineers, you may be required to provide an off-site alternatives analysis. The alternatives analysis is not required for a complete application but must be provided during the review process in order for the Corps to complete the evaluation of your application and reach a final decision.Applicants with questions about when an off-site alternatives analysis is required should contact their Corps Project Manager. N/A Minnesota Interagency Water Resource Application Form February 2014 Page 8 of 11 Project Name and/or Number:Foxwood Attachment D Replacement/Compensatory Mitigation Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road wetland replacement program.Applicants should consult Corps mitigation guidelines and WCA rules for requirements. Replacement/Compensatory Mitigation via Wetland Banking. Complete this section if you are proposing to use credits from an existing wetland bank (with an account number in the State wetland banking system)for all or part of your replacement/compensatory mitigation requirements. Wetland Bank Account #County Major Watershed # Bank Service Area # Credit Type (if applicable)Number of Credits 1175 Scott 33 9 Shallow Mrsh 0.1178 Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at least a tentative agreement to utilize the identified credits for the project. This documentation could be a signed purchase agreement, signed application for withdrawal of credits or some other correspondence indicating an agreement between the applicant and the bank owner.However, applicants are advised not to enter into a binding agreement to purchase credits until the mitigation plan is approved by the Corps and LGU. Project-Specific Replacement/Permittee Responsible Mitigation. Complete this section if you are proposing to pursue actions (restoration, creation, preservation, etc.) to generate wetland replacement/compensatory mitigation credits for this proposed project. WCA Action Eligible for Credit1 Corps Mitigation Compensation Technique2 Acres Credit % Requested Credits Anticipated3 County Major Watershed # Bank Service Area # 1Refer to the name and subpart number in MN Rule 8420.0526. 2Refer to the technique listed in St. Paul District Policy for Wetland Compensatory Mitigation in Minnesota. 3If WCA and Corps crediting differs, then enter both numbers and distinguish which is Corps and which is WCA. Explain how each proposed action or technique will be completed (e.g. wetland hydrology will be restored by breaking the tile……) and how the proposal meets the crediting criteria associated with it. Applicants should refer to the Corps mitigation policy language,WCA rule language,and all associated Corps and WCA guidance related to the action or technique: N/A Attach a site location map, soils map, recent aerial photograph, and any other maps to show the location and other relevant features of each wetland replacement/mitigation site. Discuss in detail existing vegetation, existing landscape features, land use (on and surrounding the site), existing soils, drainage systems (if present), and water sources and movement. Include a topographic map showing key features related to hydrology and water flow (inlets,outlets, ditches, pumps, etc.): N/A Foxwood Wetland Permit Application APPENDIX B Proposed Project Plans 2 6 7 3 2 1 1 15 1 2 1 5 3 4 1 0 1 2 9 1 8 14 3 13 16 171812 2 9 8 7 6 5 321 1 1 1 9 1 0 8 7 4 6 O U T L O T B B L O C K 1 R O A D A B L O C K 5 5 OUTLOT COUTLOT D O U T L O T E O U T L O T E OUTLOT C O U T L O T A BLOCK 3 B L O C K 4 B L O C K 6 ROAD C ROAD E ROAD D4BLOCK 2 BLOCK 1 OUTLOT A O U T L O T A B L O C K 5 1 2 O U T L O T F ROAD A WETLAND 1(10-214W) W E T L A N D 5 W E T L A N D 6 W E T L A N D 7 W E T L A N D 3 WETLAND 4 WETLAND 3 WETLAND 2 W E T L A N D 8 FOXWOOD FINAL PLAT SUBMITTAL WETLAND MANAGEMENT PLAN G O N Y E A H O M E S & R E M O D E L I N G S 1 0 0 0 B O O N E A V E N , S U I T E 4 0 0 G O L D E N V A L L E Y , M N 5 5 4 2 7 O F F I C E : 7 6 3 - 4 3 2 - 4 5 0 0 F A X : 7 6 3 - 4 3 2 - 4 5 0 1 W E T L A N D S U M M A R Y W E T L A N D B U F F E R C A L C U L A T I O N L E G E N D : W E T L A N D I M P A C T D A T A Foxwood Wetland Permit Application APPENDIX C Wetland Bank Credit Purchase Documents Page 1 of 2 BWSR Form: wca-bank-12 (purchase agreement).doc Revised 6/26/2014 The following is a sample of a possible Purchase Agreement for the sale of Wetland Banking Credits. This Purchase Agreement does not necessarily cover all of the issues that would be important to Sellers and Buyers, nor does it address the terms that would be appropriate for any particular transaction. Sellers and Buyers should obtain the services of qualified legal counsel to adapt this Purchase Agreement to meet their specific needs. PURCHASE AGREEMENT FOR WETLAND BANKING CREDITS THIS AGREEMENT is made this _27th_ day of _June_, 2016_ between German Settlement_______________(Seller) and _Gonyea Homes______________________________ (Buyer). 1.Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the wetland banking credits (Credits) listed below: CREDITS TO BE SOLD Credit Sub- Group¹ Acres or Sq. Ft. Wetland Circ. 39 Type² Plant Community Type3 Cost per Acre or Sq. Foot State Fee 6.5% Fee Estimate A.0.1178 3 Shallow Marsh 60984.00 0.065 309.58 B.0.065 C.0.065 D.0.065 E.0.065 Totals Check here if additional credit sub-groups are part of this account and are listed on an attachment to this document. ¹A separate credit sub-group shall be established for each wetland or wetland area that has different wetland characteristics. ²Circular 39 types: 1, 1L, 2, 3, 4, 5, 6, 7, 8, B, U. 3Wetland plant community type:shallow open water, deep marsh, shallow marsh, sedge meadow, fresh meadow, wet to wet-mesic prairie, calcareous fen, open bog or coniferous bog, shrub-carr/alder thicket, hardwood swamp or coniferous swamp, floodplain forest, seasonally flooded basin.See Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997)as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers.. 2.Seller represents and warrants as follows: a)The Credits are deposited in an account in the Minnesota Wetland Bank administered by the Minnesota Board of Water and Soil Resources (BWSR) pursuant to Minn. Rules Chapter 8420.0700-.0760. Transaction Form for Withdrawal of Wetland Credits from the Minnesota Wetland Bank Rev 5/26/2016 Transaction Form for Withdrawal of Wetland Credits Page 1 of 2 C:\Users\Mark K\Dropbox\Dropbox\projects\2015\Gonyea Homes -Chanhassen\Permit Folder\transaction_form_for_withdrawal_of_credits-1.docx If the layout of this form looks incorrect, click on View, Edit Document, then save to your computer. 2. Wetland Impact Information To be completed for the project with wetland impacts that this withdrawal is intended to replace. Project Name:Foxwood Wetland Impact Size (acres):0.05890 County of Impact:Carver Replacement Ratio:2:1 Impact Major Watershed #:33 Total Replacement Required (acres):0.11780 Impact Bank Service Area:9 **Sec.23 Twp.116 Rge.23 **Projects with multiple impact locations should use the most central location in relation to the project as a whole. Are Federally Authorized Credits needed for this project (Y or N)?N If yes, you must provide Corps Permit Number:MVP-LGU File # (if applicable): Comments: By signature below, the proposed user of credits attests that he/she owns or has purchased the credits identified in this application and has received approval from the applicable regulatory authority(ies). Credit User Signature:___________________________________Date:______________ 3. Regulatory Approval/Authorization By signature below, the identified agency and authorized representative hereby certify that they have: a)verified that the subject wetland credits are deposited in the account of the owner/seller,b)approved a wetland replacement plan or similar agreement under their jurisdiction, and c)approve the proposed use of the wetland bank credits described herein. WCA LGU/Agency:City of Chanhassen *E-mail address:KSpreiter@ci.chanhassen.mn.us LGU Representative:Krista J. Spreiter Signature:Date:__________ (for NRCS, USACE,etc.if applicable) Agency Name/Location:*E-mail address: Representative:Signature:Date:__________ *Confirmation will be e-mailed to user, seller, and regulatory representative when the transaction is complete.If you would like others notified, enter e-mail addresses here. 1. Credit User To be completed by the person or entity proposing to use the wetland credits. Name:Bill Coffman, Gonyea Homes & Remodeling Organization (if applicable): Street Address:6102 Olson Memorial Highway City, State, Zip:Golden Valley, MN 55422 Phone:612-202-0692 *E-Mail Address:billcoffman@cbburnet.com This space is for BWSR use only. Debit Date: Transaction Form for Withdrawal of Wetland Credits from the Minnesota Wetland Bank Rev 5/26/2016 Transaction Form for Withdrawal of Wetland Credits Page 2 of 2 C:\Users\Mark K\Dropbox\Dropbox\projects\2015\Gonyea Homes -Chanhassen\Permit Folder\transaction_form_for_withdrawal_of_credits-1.docx 4. Withdrawal Information To be completed by seller of credits (account holder). Bank Service Area:9 Account Number:1175 County:Scott Credit Subgroup Letter Federally Authorized Credits needed for Project (Y or N) Plant Community Type Cost per Credit (acre) Number of Credits to be Withdrawn (acre) (acre=ft2/43560) Cost of Purchased Credits (cost per credit x number of credits) A Y Shallow Marsh $60984.00 0.1178 $7183.92 $0.00 $0.00 $0.00 TOTAL 0.1178 $7183.92 If TOTAL does not calculate,right click,Update Field Table www.bwsr.state.mn.us/wetlands/wetlandbanking/fee_and_sales_data/Wetland_Bank_Fee_Schedule.pdf Enter County Fee from Table (county of seller’s bank)6.5% of sale price 2628.00 Transaction Fee (choose either amount) Above TOTAL x County Fee $309.58 $466.95 Attach check payable to Minnesota Board of Water and Soil Resources. By signature below I seller and holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank certif y that: 1)The credits described in this application have been sold to the credit user or will be used for my own project; 2)I have received payment in full from the buyer (if applicable); 3)The credits described in this application have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the wetland impact information block on the previous page; 4)The credits described in this application should be withdrawn from my account; and 5)I will not have a negative balance of credits after the subject credits are debited from my account Seller Name (print): Seller Signature:Date: ____________ Seller e-mail*: 1.The account holder of the credits is responsible for submittal of this form, containing signatures, to the BWSR Wetland Bank Administrator so the affected account can be properly debited. 2.No impacts to any wetland or other water resource may commence until the credits have been debited and a copy of this form, with stamped debit date, has been received by the regulatory authority(ies), the account holder, and the credit user. 3.This form is not an application form. It is a transaction form to be used in association with an approved project that impacts wetlands and requires wetland replacement. When this form is completed and all required signatures are obtained, send with the fee check(s)to: Wetland Bank Administration Minnesota Board of Water and Soil Resources 520 Lafayette Road North Saint Paul, MN 55155 Disclaimer: any transaction in the wetland banking system is public information.