Incomplete letter with attachmentsAugust 22, 2017
Mr. Nathan Kirt
CITY OF C HANHASSE N
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
50 Hill Street
Chanhassen, MN 55317
Re: 7052 Minnewashta Parkway
Dear Mr. Kirt,
This letter is to notify you that your variance application for the above address is incomplete.
In order to process the application, the following will need to be provided:
Have a wetland delineation performed by a certified wetland delineator to determine the
wetland boundary and type. Once this report is completed, a wetland boundary and type
review application (Joint Application For Activities Affecting Water Resources in
Minnesota for Wetland Replacement) must be completed and submitted to the city for
approval pursuant to Minnesota Rules 8420.0305 to 8420.0330. There is a minimum 15
business days jurisdictional review period for the application. The wetland delineator
should be aware of the requirements for this review. Please contact Krista Spreiter,
Natural Resources Technician, at (952) 227-1173 or kMreiter(a ci.cbanhassen.mn.us for
additional information.
• Once approved, the wetland boundary must be shown on a revised survey for the
property, which must be signed and dated by the surveyor.
• The ordinary high water (OHW) elevation location must be shown on the survey (945.2).
The proposed house layout and location must be shown on the revised survey. This
survey must show the proposed setback distances from the wetland edge and the OHW as
well as the front yard setback. The required wetland buffer is 50 feet with an additional
50 wetland buffer structure setback. Based on the location of the house and the wetland
boundary, a wetland alteration permit may also be required if there are potential impacts
to the wetland.
• The lake setback of 150 feet must be identified on the plan and a variance requested.
PH 952.227.1100 • www.dchanhassen.nI • FX952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Mr. Nathan Kirt
50 Hill Street -Variance Application Incomplete
August 22, 2017
Page 2 of 2
The wetland buffer area of 50 feet from the wetland must be shown on the survey. Your
surveyor will need to calculate the average amount of impact to the required buffer.
Please contact Vanessa Strong, Water Resources Coordinator, at (952) 227-1168 or
vstrong_gci.chanhassen.mn.us if you have any questions.
• Must provide a complete grading, drainage and erosion/sediment control plan as part of
the submittal.
• Any proposed fences, decks, patio, retaining walls or other structures shall be included in
the plan submitted for review.
Please be advised that all landscaping and vegetation within the wetland buffer must be 100%
native vegetation per city code (Section 20-411 and 20-412). Any variance for non-native
vegetation within the buffer must be submitted with the application.
You would then submit the updated and revised survey in conjunction with your variance
request. We will then reschedule your application to take the variance through the public hearing
process. Note that if the wetland delineation shows that the house will impact the wetland, a
wetland alteration permit and Joint Application For Activities Affecting Water Resources in
Minnesota for Wetland Replacement will also be required as part of the application.
If you have additional questions or need more information, please contact me at (952) 227-1131
or bgenerousgci.chanhassen.mn.us.
Sincerely,
G
Robert Generous, AICP
Senior Planner
Enclosure
ec: Kate Aanenson, Community Development Director
Todd Gerhardt, City Manager
Vanessa Strong, Water Resources Coordinator
Krista Spreiter, Natural Resources Technician
Walter MacKenzie, Assistant Planner
I REVISOR 8420.0255
8420.0255 LOCAL GOVERNMENT UNIT APPLICATION AND DECISION
PROCEDURES.
Subpart 1. General. Notices and local government unit decisions made under this
chapter must be in compliance with Minnesota Statutes, section 15.99.
Subp. 2. Determination of complete application. The local government unit must
determine that an application is complete based on parts 8420.0305 to 8420.0330. For
incomplete applications, the local government unit must notify the applicant within 15
business days of receipt of the application and list in writing what items or information
is missing.
Subp. 3. Notice of application.
A. Within 15 business days of receipt of a complete application, the local
government unit must send a copy of the application and a notice of application on a form
provided by the board to members of the technical evaluation panel; the watershed district
or water management organization, if there is one; the commissioner; and individual
members of the public who request a copy. The notice must identify the type of application,
the date the comment period ends, and where to submit comments. Individual members
of the public who request a copy must be sent a summary of the application that includes
information to identify the applicant and the location and scope of the project. The
comment period must be at least 15 business days from the date the notice of application
is sent. Revisions of an approved and valid replacement plan must be noticed according to
this subpart by sending a summary of the proposed revisions if:
(1) the wetland area to be impacted under the revised replacement plan is:
(a) increased by more than ten percent;
(b) a different type;
(c) part of a different wetland; or
(d) more than 500 feet from the location of the previously approved
wetland impact; or
(2) the replacement is:
(a) a different type;
(b) more than 500 feet from the location of the previously approved
replacement; or
(c) a different action eligible for credit.
B. This subpart does not apply to exemption or no -loss applications. However, a
local government unit may issue a notice for an exemption or no -loss application following
the requirements in this part when the local government unit believes that input from those
Copyright ®2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
2 REVISOR 8420.0255
required to receive notice will be useful in determining whether an exemption or no -loss
applies.
Subp. 4. Decision. The local government unit's decision must be based on the
standards and procedures required by this chapter and on the technical evaluation panel's
findings and recommendation, when provided. The local government unit must consider
and include in its record of decision the technical evaluation panel's recommendation,
when provided, to approve, modify, or deny the application. The local government unit
must also consider any comments received from those required to receive notice. The local
government unit's decision must be made in compliance with the time period prescribed
by Minnesota Statutes, section 15.99, which, on the effective date of this part, generally
requires a decision in 60 days. The local government unit may make on-site exemption
and no -loss decisions if the decisions are noticed according to subpart 5 and project details
are provided sufficient to document eligibility. The local government unit's decision is
valid for three years or as otherwise specified in the local government unit's decision when
the technical evaluation panel advises that a longer period is justified in accordance with
the standards in parts 8420.0100 to 8420.0935.
Subp. 5. Notice of decision. The local government unit's decision must be mailed to
the landowner within ten business days of the decision. A summary of the local government
unit's decision, in a format prescribed by the board, must be sent within ten business days
of the decision to those required to receive notice of the application. The notice of decision
must include information on the process and time period to appeal the decision of the local
government unit.
Subp. 6. Decisions and notice for replacement via banking. For replacement plan
applications proposing the use of banking credits, the local government unit must verify,
before approving the application, that the credits to be withdrawn are available and the
applicant has a purchase agreement with the seller. For an approval of a replacement plan
using banking credits as replacement, the local government unit must notify the board's
banking administrator of the approval. The notification must be sent concurrent with the
notice of decision and must include the bank account, the user of credits, and the amount
of credit approved for withdrawal.
Statutory Authority: MS s 103 G. 2242
History: 34 SR 145
Published Electronically: August 26, 2009
Copyright 02009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
Joint Application Form for Activities Affecting Water Resources
in Minnesota
This joint application form is the accepted means for initiating review of proposals that may affect a water resource (wetland,
tributary, lake, etc) In the State of Minnesota understate and federal regulatory programs. Applicants for Minnesota Department
of Natural Resources (DNR) Public Waters permits MUST use the MPARS online permitting system for submitting applications to
the DNR. Applicants can use the information entered into MPARS to substitute for completing parts of this joint application form
(see the paragraph on MPARS at the end of the joint application form Instructions for additional information). This form is only
applicable to the water resource aspects of proposed projects under state and federal regulatory programs; other local
applications and approvals may be required. Depending on the nature of the project and the location and type of water resources
impacted, multiple authorizations may be required as different regulatory programs have different types of jurisdiction over
different types of resources.
Regulatory Review Structure
Federal
The St. Paul District of the U.S. Army Corps of Engineers (Corps) Is the federal agency that regulates discharges of dredged or fill
material Into waters of the United States (wetlands, tributaries, lakes, etc) under Section 404 of the Clean Water Act (CWA) and
regulates work in navigable waters under Section 10 of the Rivers and Harbors Act. Applications are assigned to Corps project
managers who are responsible for Implementing the Corps regulatory program within a particular geographic area.
State
There are three state regulatory programs that regulate activities affecting water resources. The Wetland Conservation Act
(WCA) regulates most activities affecting wetlands. R Is administered by local government units (LGUs) which can be counties,
townships, cities, watershed districts, watershed management organizations or state agencies (on state-owned land). The
Minnesota DNR Division of Ecological and Water Resources Issues permits for work in specially -designated public waters via the
Public Waters Work Permit Program (DNR Public Waters Permits). The Minnesota Pollution Control Agency (MPCA) under Section
401 of the Clean WaterAct certifies that discharges of dredged or fill material authorized by a federal permit or license comply
with state water quality standards. One or more of these regulatory programs may be applicable to any one project.
Required Information
Prior to submitting an application, applicants are stronidy encouraged to seek Input from the Corps Project Manager and LGU staff
to identify regulatory Issues and required application materials for their proposed project. Project proponents can request a pre -
application consultation with the Corps and LGU to discuss their proposed project by providing the information required In
Sections 1 through 5 of this joint application form to facilitate a meaningful discussion about their project. Many LGUs provide a
venue (such as regularly scheduled technical evaluation panel meetings) for potential applicants to discuss their projects with
multiple agencies prior to submitting an application. Contact information is provided below.
The following bullets outline the Information generally required for several common types of determinations/authorizations.
• For delineation approvals and/or jurisdictional determinations, submit Parts 1, 2 and 5, and Attachment A.
• For activities involving CWA/WCA exemptions, WCA no -loss determinations, and activities not requiring mitigation,
submit Parts 1 through 5, and Attachment B.
• For activities requiring compensatory mitigation/replacement plan, submit Parts 1 thru 5, and Attachments C and D.
• For local road authority activities that qualify for the state's local road wetland replacement program, submit Parts 1
through 5, and Attachments C, D (If applicable), and E to both the Corps and the LGU.
Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 11
Submission Instructions
Send the completed joint application form and all required attachments to:
US Army Corps of Engineers. Applications may be sent directly to the appropriate Corps Office. For a current listing of areas of
responsibllltles and contact Information, visit the St. Paul Diswct's website at:
httc),//www.mvi).usace.army.mil/Miss:ionsLRegulatory-aspx and select "Minnesota" from the contact Information box.
Alternatively, applications may be sent directly to the St. Paul District Headquarters and the Corps will forward them to the
appropriate field office.
Section 401 Water Quality CertiRcation: Applicants do not need to submit the joint application form to the MPCA unless
specifically requested. The MPCA will request a copy of the completed Joint application form directly from an applicant when they
determine an individual 401 water quality certification Is required for a proposed project.
Wetland Conservation Act Local Government Unit: Send to the appropriate Local Government Unit. If necessary, contact your
county Soil and Water Conservation District (SWCD) office or visit the Board of Water and Soil Resources (BWSR) web site
(www.bwsr.state.mn.us) to determine the appropriate LGU.
DNR Public Waters Permitting: In 2014 the DNR will begin using the Minnesota DNR Permitting and Reporting System (MPARS) for
submission of Public Waters permit applications (httos•//webaposll dnr to mn us/moars/public/authenticationliggin).
Applicants for Public Waters permits MUST use the MPARS online permitting system for submitting applications to the DNR. To
avoid duplication and to streamline the application process among the various resource agencies, applicants can use the
Information entered into MPARS to substitute for completing parts of this joint application form. The MPARS print/save function
will provide the applicant with a copy of the Public Waters permit application which, at a minimum, will satisfy Parts one and two
of this joint application. For certain types of activities, the MPARS application may also provide all of the necessary information
required under Parts three and four of the joint application. However, it Is the responsibility of the Applicant to make sure that
the joint application contains all of the required information, Including identification of all aquatic resources impacted by the
project (see Part four of the joint application). After confirming that the MPARS application contains all of the required
Information In Parts one and two the Applicant may attach a copy to the joint application and fill In any missing information In the
remainder of the joint application.
Minnesota Interagency Water Resource Application Form February 2014 Page 2 of 11
Project Name and/or Number:
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:
Mailing Address:
Phone:
E-mail Address:
Authorized Contact (do not complete h`same as above):
Mailing Address:
Phone:
E-mail Address.
Agent Name:
Mailing Address:
Phone:
E-mail Address:
PART TWO: Site Location Information
County: Chy/Township:
Parcel ID and/or Address:
Legal Description (Section, Township, Range):
Lat/Long (decimal degrees):
Attach a map showing the location of the she In relation to ku2i streets, roads, highways.
Approximate size of she (acres) or If a linear project, length (feet):
If you know that your proposal will require an Individual Permit from the US. Army Corps of Engineers, you must protide 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:
hht p:1/www.mvo.usace.army.miUPwtalsl57ldocs/regulatory/ReeulatoryDoa/engform 4345 2012oct.odf
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.
Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 11
Project Name and/or Number.
PART FOUR: Aquatic Resource Impact" Summary
If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each
impact in the table below. Include all anticipated Impacts, Including those expected to be temporary. Attach an overhead view
map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed
Impacts. Label each aquatic resource on the map with a reference number or letter and identify the Impacts In the following table.
-- Aquatic
Type of Impact Duration of
Aquatic Resource Resource T (fill, excavate, Impact
ID (as noted on ype drain, or Permanent (P)
(wetland, lake,
overhead view) tributary etc.) remove or Temporary
vegetation) (T);
Size of Impace
'Existing Plant
Overall Size of Communi
Aquatic tY
3 Type(s) In
Resource I ,
Area
Watershed Major
Watershed a,
and Bank
Service Area #Impart
of Impact Area
'N impacts are temporary; enter the duration of the impacts In days nextto the "T". For example, a project with a temporaryaccess fill that
would be removed after 220 days would be entered 'T (220)'.
Impacts less than 0.01 ave should be reported In square feet Impacts 0.01 acre or greater should be reported as acres and rounded to the
nearest0.01acre. Tributary Impacts must be reported in linear feet of Impact and an area of Impact by Indicating first the linear feet of Impact
along the flowllne of the stream followed by the area impact in parentheses). For example, a projectthat impacts 50 feet of a streamthat Is
feet wick would be reported as 50 it (300 square feet).
'This is generally only applicable If you are applying for a de minimis exemption under MN Rules 8420.0420 Subp. 8, otherwise enter "N/A".
'Use Welland Plants and Plant Community types of Minnesota and Wisconsin 3ntl Ed. as modified In MN Rules 8420.0405 Subp. 2.
sNeferto Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp. 7.
If any of the above Identified Impacts have already occurred, identify which Impacts they are and the circumstances associated
with each:
PART FIVE: Applicant Signature
❑ Check here if you are requesting a uEUPplication consultation with the Corps and LGU based on the Information you have
provided. Regulatory entities will not Initiate a formal application review If this box Is checked.
By signature below, I attest that the Information In this application is complete and accurate. I further attest that I possess the
authority to undertake the work described herein.
Signature:
Date:
I hereby authorize to act on my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental Information In support of this application.
' The term "impact" as used In this joint application form is a generic term used for disclosure purposes to identify
actMtles that may require approval from one or more regulatory agencies. For purposes of this form N is not meant to
Indicate whether or not those activities may require mltlgation/replacement
Minnesota Interagency Water Resource Application Form February 2014 Page 4 of 11
i
Project Name and/or Number:
Attachment A
Request for Delineation Review, Wetland Type Determination, or
Jurisdictional Determination
By submission of the enclosed wetland delineation report, I am requesting that the U.S. Army Corps of Engineers, St. Paul District
(Corps) and/or the Wetland Conservation Act Local Government Unit (LGU) provide me with the following (check all that apply):
❑ Wetland Type Confirmation
❑ Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU
concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation
concurrences are generallyvalid for five years unless site conditions change. Underthis request alone, the Corps will not address
the Jurisdictional status of the aquatic resources on the property, only the boundaries of the resources within the review area
(including wetlands, tributaries, lakes, etc.).
❑ Preliminary jurisdictional Determination. A preliminary Jurisdictional determination (PID) Is a non-btnding written indication
from the Corps that waters, including wetlands, Identified on a parcel may be waters of the United States. For purposes of
computation of Impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all
waters and wetlands In the review area as If they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be
appealed.
❑ Approved ItWscllctional Determination. An approved Jurisdictional determination (AID) is an official Corps determination that
Jurisdictional waters of the United States are either present or absent on the property. AIDS can generally be relied upon by the
affected party for five years. An AID may be appealed through the Corps administrative appeal process.
In order for the Corps and LGU to process your request, the wetland delineation must be prepared In accordance with the 1987
Corps of Engineers Wetland Delineation Manual, any approved Regional Supplements to the 1987 Manual, and the Guldefines for
Submitting Wetland Delineations In Minnesota (2013).
htto:/Jwyyw.rnvo.usace.a rmy.mil/Missions/Reeula torn/DelineatioriJ i7Guiva rice.aspx
Minnesota Interagency Water Resource Application Form February 2014 Page 5 of 11
Project Name and/or Number:
Attachment B
Supporting Information for Applications Involving Exemptions, No Loss
Determinations, and Activities Not Requiring Mitigation
Complete this part If you maintain that the identified aquatic resource impacts in Part Four do not requirewetland
replacement/compensatory, mitigation OR If you are seeking verification that the propused water resource Impacts are either
exempt from replacement or are not under CWA/W CA jurisdlcdon.
Identify the specific exemption or no -loss provision for which you believe your projector site qualifies:
Provide a detailed explanation of how your projector site qualifies for the above. Be specific and provide and refer to attachments
and exhibits that support your contention. Applicants should refer to rules (e.g. WCA rules), guidance documents (e.g. BWSR
guidance, Corps guidance letters/public notices), and permit conditions (e.g. Corps General Permit conditions) to determine the
necessary Information to support the application. Applicants are strongly encouraged to contact the WCA LGU and Corps Project
Manager prior to submitting an application if they are unsure of what type of information to provide:
Minnesota Interagency Water Resource Application Form February 2014 Page 6 of 11.
Project Name and/or Number:
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 relevant features of the project (buildings,
roads, etc.), aquatic resource features (impact areas noted) and construction details (grading plans, stone water management
plans, etc.), referencing these as necessary:
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 Q. Applicants are encouraged
to attach drawings and plans to support their analysis:
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);
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 anafysis. 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.
Minnesota Interagency Water Resource Application Form February 2024 Page 7 of 11
Project Name and/or Number:
Attachment D
Replacement/Compensatory Mitigation
Complete this part ¢your application involves wetland replacement/compensatory mitigation nst 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 Rank
Account#
nk
County Major Sears Credit Type Number of Credits
Watershed# Area# (if applicable)
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-Spedfic Replacement/Permittee Responsible MiBgadon. Complete this section Ifyou are proposing to pursue actions
(restoration, creation, preservation, etc.) to generate wetland replacement/compensatory mitigation credits for this proposed
project
Corps Mitigation
WCA ActbnEligible Credit% Credditsits Major Bank
z Compensation Acres County Service
for Credit Technique' Requested Anticipated' Watershed # Area #
'Refer to the name and subpart number In MN Rule 8420.0526.
=Refer to the technique listed in St. Paul Oktrlct Po/icy/or wetland Compensatory MMgadoo in Minnesota.
rg 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 flow 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:
Attach a site location map, soils map, recent aerial photograph, and any other maps to snow 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 Row (inlets, outlets, ditches, pumps, etc.):
Minnesota Interagency Water Resource Application Form February 2014 Page 9 of 11
Project Name and/or Number:
Attach a map of the existing aquatic resources, associated delineation report, and any documentation of regulatory review or
approval. Discuss as necessary:
For actions involving. construction activities, attach construction plans and specifications with all relevant details. Discuss and
provide documentation of a hydrologic and hydraulic analysis of the site to define existing conditions, predict project outcomes,
Identify specific project performance standards and avoid adverse offsite Impacts. Plans and specifications should be prepared by
a licensed engineer following standard engineering practices. Discuss anticipated construction sequence and timing:
For projects Involving vegetation restoration, provide a vegetation establishment plan that includes Information on site
Preparation, seed mixes and plant materials, seeding/pfanting plan (attach seeding/planting zone map), planting/seeding
methods, vegetation maintenance, and an anticipated schedule of activities:
For projects involving construction or vegetation restoration, identify and discuss goals and specific outcomes that can be
determined for credit allocation. Provide a proposed credit allocation table tied to outcomes:
Provide a fire -year monitoring plan to address project outcomes and credit allocation:
Discuss and provide evidence of ownership or rights to conduct wetland replacement/mitigation on each site:
Quantify all proposed wetland credits and compare to wetland Impacts to identify a proposed wetland replacement ratio. Discuss
how this replacement ratio is consistent with Corps and WCA requirements:
By signature below, the applicant attests to the following (only required if application involves project-specific/permittee
responsible replacement):
• All proposed replacement wetlands were not:
• Previously restored or created under a prior approved replacement plan or permit
• Drained or filled under an exemption during the previous 10 years
• Restored with financial assistance from public conservation programs
• Restored using private funds, other than landowner funds, 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 maybe considered for replacement.
The wetland will be replaced before or concurrent with the actual draining or filling of a wetland.
An Irrevocable bank letter of credit, performance bond, or other acceptable security will be provided to guarantee successful
completion of the wetland replacement
Within 30 days of either receiving approval of this application or beginning work on the project, I will record the Declaration of
Restrictions and Covenants on the deed for the property on which the replacement wetiand(s) will be located and submit proof
of such recording to the LGU and the corps.
Applicant or Representative:
Signature:
Title:
Date:
Minnesota Interagency Water Resource Application Form February 2014 Page 9 of 11
Project Name and/or Number:
Attachment E
Local Road Replacement Program Qualification
Complete this part if you are a local road authority (county highway department, city transportation department, etc.) seeking
verification that your project (or a portion of your project) qualifies for the MN Local Government Road Wetland Replacement
Program (LGRWRP). If portions of your project are not eligible for the LGRWRP, then Attachment D should be completed and
attached to your application.
Discuss how your project is a repair, rehabilitation, reconstruction, or replacement of a currently serviceable road to meet
state/federal design or safety standards/requirements. Applicants should Identify the specific road deficiencies and how the
project will rectify them. Attach supporting documents and information as applicable:
Provide a map, plan, and/or aerial photograph accurately depicting wetland boundaries within the project area. Attach associated
delineation/determination report or otherwise explain the method(s) used to Identify and delineate wetlands. Also attach and
discuss any type of review or approval of wetland boundaries or other aspects of the project by a member or members of the local
Technical Evaluation Panel (TEP) or Corps of Engineers:
In the table below, identify only the wetland impacts from Part 4 that the road authority has determined should qualify for the
LGRWRP.
Wetland Impact ID
(as noted on
overhead view)
Type of Impact
(fill, excavate,
drain)
Size of Impact Existing Plant Community
(square feet or t Type(s) in Impact Area
acres to 0.01)
County, Major Watershed #,
and Bank Service Area # of
Im P act°
'Use Welland Plants and Plant Community Types of Minnesota and Wisconsin 3b Ed. as modified In MN Rules 8420.0405 Subp. 2.
'Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp. 7.
Discuss the feasibility of providing onsite compensatory mitigation/replacement for important site-specific wetland functions:
Please note that under the MN Wetland Conservation Act, projects with lessthan 10,000 square feet of wetiand impact are
allowed to commence prior to submission of this notification so long as the notification is submitted within 30 days of the impact.
The Clean Water Act has no such provision and requires that permits be obtained prior to any regulated discharges into water of
the United States. To avoid potential unauthorized activities, road authorities must, at a minimum, provide a complete application
to the Corps and receive a permit prior to commencing work.
By signature below, the road authority attests that they have followed the process in MN Rules 8420.0544 and have determined
that the wetland impacts identified in Part 4 are eligible for the MN Local Government Road Wetland Replacement Program.
Road Authority Representative: Title:
Signature: Date:
Minnesota Interagency Water Resource Application Form February 2014 Page 10 of 11
Technical Evaluation Panel Concurrence:
Project Name and/or Number:
TEP member. Representing:
Concur with road authority's determination of qualification for the local road wetland replacement program? ❑ Yes ❑ No
Signature: __ __
Date:
TEP member: Representing:
Concur with road authority's determination of qualification for the local road wetland replacement program? ❑ Yes ❑ No
Signature:
Date:
TEP member: Representing:
Concur with road authority's determination of qualification for the local road wetland replacement program? ❑ Yes ❑ No
Signature:
Date:
TEP member: Representing:
Concur with road authority s determination of qualification for the local road wetland replacement program? ❑ Yes ❑ No
Signature:
Date:
Upon approval and signature by the TEP, application must be sent to: Wetland Bank Administration
Minnesota Board of Water A Soll Resources
520 Lafayette Road North
Saint Paul, MN 55155
Minnesota Interagency Water Resource Application Form February 2014 Page 11 of 11