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2. Avienda response memo for incomplete appl 3-14-2016 26105 Wild Rose Lane, Shorewood, Minnesota 55331, Phone: 952-401-8757, Fax: 952-401-8798 Memorandum Date: March 14, 2017 To: City Chanhassen, C/O Andi Moffatt (WSB & Associates) Ryan Malterud, U.S. Army Corps of Engineers (USACE) Cc: Mark Nordland, Level 7 Development (Launch Properties) Darren Lazan, Landform Professional Services From: Melissa Barrett, Kjolhaug Environmental Services Company Re: Avienda Mixed Use Regional/Lifestyle Center, Chanhassen, MN Notice of Incomplete Application – March 9, 2017 This memo provides items identified as incomplete by the LGU (City of Chanhassen) for the Avienda Mixed Use Regional/ Lifestyle Center Wetland Permit Application submitted Kjolhaug Environmental Services on January 12, 2017.  Per MN WCA Rule 8420.0748 Subp 2, correspondence with bank owners within Bank Service Area 9 with BWSR and UASCE certified credits is attached. Amounts currently in the processes of being reserved at each bank are listed in Attachment D of the revised and attached Joint Application Form for Activities Affecting Water Resources in MN. The amounts being reserved are adequate to provide required replacement for proposed impacts.  Per the WCA checklist, revised Attachment D also provides bank credit amounts in acres and square feet.  Known local, state, and federal permits and approvals required for the proposed project are provided in the AUAR update, and are also attached. The updated AUAR will also need to be approved prior to WCA approval of the Wetland Replacement Plan. Attachments: Revised Joint Application Form for Activities Affecting Water Resources in MN Email correspondence with bank owners Permit and Approvals list from AUAR update Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 12 Project Name and/or Number: Avienda, Chanhassen, MN 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: Level 7 Development, LLC (contact Mark Nordland) Mailing Address: 8315 Cascade Drive, Suite 165, Eden Prairie, MN 55344 Phone: (612) 812‐7020 E‐mail Address: mnordland@launchproperties.com Authorized Contact (do not complete if same as above):Darren Lazan, Landform Professional Services Mailing Address: 105 5th Ave S, Minneapolis, MN 55401 Phone: 612‐252‐9070 E‐mail Address: Darren B. Lazan, RLA <dlazan@landform.net> Agent Name: Melissa Barrett, Kjolhaug Environmental Services Mailing Address: 26105 Wild Rose Lane, Shorewood, MN 55331 Phone: 952‐401‐8757 E‐mail Address: Melissa@kjolhaugenv.com PART TWO: Site Location Information County: Carver City/Township:Chanhassen Parcel ID and/or Address: 250230500, 250230420, 250230430, 250230410, and 250230300 Legal Description (Section, Township, Range): Sec23, T116, R23 Lat/Long (decimal degrees): 44°50’15” N; 93°33”27” W 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):Site = 119.88‐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. See Sections 1, 2, and 5.5 of the attached Avienda Wetland Permit Application. Minnesota Interagency Water Resource Application Form February 2014 Page 4 of 12 Project Name and/or Number: Avienda, Chanhassen, MN PART FOUR: Aquatic Resource Impact1 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 Resource ID (as noted on overhead view) Aquatic Resource Type (wetland, lake, tributary etc.) Type of Impact (fill, excavate, drain, or remove vegetation) Duration of Impact Permanent (P) or Temporary (T)1 Size of Impact2 Overall Size of Aquatic Resource 3 Existing Plant Community Type(s) in Impact Area4 County, Major Watershed #, and Bank Service Area # of Impact Area5 Wetland 1 Wetland Fill P 1.1001 1.001 Shallow marsh/wet meadow Carver, 33, 9 Wetland 1/2 Wetland Fill P 0.1860 0.1860 Wet meadow Carver, 33, 9 Wetland 2 Wetland Fill P 2.2569 2.2569 Open water/ shallow marsh/ wet meadow Carver, 33, 9 Wetland 4 Wetland Fill P 0.1253 0.1253 Wet meadow Carver, 33, 9 Wetland 5 Wetland Fill P 0.3483 0.3483 Seas fl basin Carver, 33, 9 Wetland 6 Wetland Fill P 0.5302 0.5302 Wet meadow Carver, 33, 9 Wetland 6 Wetland Excavate P 0.2514 0.2514 Wet meadow Carver, 33, 9 Wetland 7 Wetland Fill P 0.0150 0.0150 Wet meadow Carver, 33, 9 Wetland 8 Wetland Fill P 0.0844 0.0844 Wet meadow Carver, 33, 9 Wetland 9 Wetland Excavate P 0.0985 0.0985 Seas fl basin Carver, 33, 9 North Waterway Waterway Fill P 383.5‐ft (767 sf) sf) 383.5‐ft (767 sf) sf) Open water Carver, 33, 9 South Waterway Waterway Fill P 331‐ft (662 sf) 331‐ft (662 sf) None/Water Carver, 33, 9 1If impacts are temporary; enter the duration of the impacts in days next to the “T”. For example, a project with a temporary access fill that would be removed after 220 days would be entered “T (220)”. 2Impacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the nearest 0.01 acre. 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 flowline of the stream followed by the area impact in parentheses). For example, a project that impacts 50 feet of a stream that is 6 feet wide would be reported as 50 ft (300 square feet). 3This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp. 8, otherwise enter “N/A”. 4Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3rd Ed. as modified in MN Rules 8420.0405 Subp. 2. 5Refer to 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: 1 The term “impact” as used in this joint application form is a generic term used for disclosure purposes to identify activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to indicate whether or not those activities may require mitigation/replacement. Minnesota Interagency Water Resource Application Form February 2014 Page 6 of 12 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 generally valid for five years unless site conditions change. Under this 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 (PJD) is a non‐binding 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 Jurisdictional Determination. An approved jurisdictional determination (AJD) is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property. AJDs can generally be relied upon by the affected party for five years. An AJD 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 Guidelines for Submitting Wetland Delineations in Minnesota (2013). http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx Minnesota Interagency Water Resource Application Form February 2014 Page 7 of 12 Project Name and/or Number: Avienda, Chanhassen, MN 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 require wetland replacement/compensatory mitigation OR if you are seeking verification that the proposed water resource impacts are either exempt from replacement or are not under CWA/WCA jurisdiction. Identify the specific exemption or no‐loss provision for which you believe your project or site qualifies: Provide a detailed explanation of how your project or 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 8 of 12 Project Name and/or Number: Avienda, Chanhassen, MN 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, storm water management plans, etc.), referencing these as necessary: See Sections 1, 2, 3, and 5 of the attached Avienda Wetland Permit Application. 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: See Section 5 of the attached Avienda Wetland Permit Application. 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): See Section 5 of the attached Avienda Wetland Permit Application. 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. See Section 3 of the attached Avienda Wetland Permit Application. Minnesota Interagency Water Resource Application Form February 2014 Page 9 of 12 Project Name and/or Number: Avienda, Chanhassen, MN 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 1494 Blue Earth 32 9 2 & 5 6 (261,360 sf) 1605 Stevens 23 9 4 2.5 (108,900 sf) 174 Rice 33 9 4 & U 1.4922 (65,000 sf) 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: NA 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.): NA 1 Melissa Barrett From:Nick McCabe <nick.mccabe@is-grp.com> Sent:Thursday, March 09, 2017 11:03 AM To:Melissa Barrett Subject:RE: Request for price quote wetland bank credits Yes, definitely possible. From: Melissa Barrett [mailto:melissa@kjolhaugenv.com] Sent: Thursday, March 09, 2017 10:54 AM To: Nick McCabe <nick.mccabe@is‐grp.com> Subject: RE: Request for price quote wetland bank credits Nick – once I figure out how much credit I can get from a couple of other banks, I may want to set up an agreement with you for around 6 or so acres. Possible? Melissa Barrett Certified Wetland Delineator, Licensed Soil Scientist Kjolhaug Environmental Services, Inc. Office: (952) 401‐8757 Cell: (952) 388‐3752 From: Nick McCabe [mailto:nick.mccabe@is‐grp.com] Sent: Thursday, March 09, 2017 9:41 AM To: Melissa Barrett <melissa@kjolhaugenv.com> Subject: RE: Request for price quote wetland bank credits We do not have 9.8 acres available right now. We have a little over 8 acres tied up in purchase agreements right now. We have about 9.15 acres available to sell right now at the $35k/acre price. Let me know if that would be something you are interested in pursuing and we can set up a purchase agreement. Thanks Nick McCabe Senior Environmental Scientist Environmental Group 115 E. Hickory Street, Suite 300 Mankato, MN 56001 P: 507.387.6651 C: 507.330.4786 nick.mccabe@is-grp.com Architecture Engineering Environmental Planning 2 From: Melissa Barrett [mailto:melissa@kjolhaugenv.com] Sent: Thursday, March 09, 2017 8:50 AM To: Nick McCabe <nick.mccabe@is‐grp.com> Subject: RE: Request for price quote wetland bank credits Nick, Are the 6 acres of credit you mention below now available? If not yet, do you know when they will be? I am in search of ~9.8 acres of credit. Thanks. Melissa Barrett Certified Wetland Delineator, Licensed Soil Scientist Kjolhaug Environmental Services, Inc. Office: (952) 401‐8757 Cell: (952) 388‐3752 From: Nick McCabe [mailto:nick.mccabe@is‐grp.com] Sent: Thursday, August 25, 2016 8:21 AM To: Melissa Barrett <melissa@kjolhaugenv.com> Subject: RE: Request for price quote wetland bank credits Melissa, Right now we have a bunch of credits tied up in purchase agreements. We only have about 3.5 credits not under PAs. We expect to have a deposit of about 6 acres very soon though. That would put us at just under 9.5 credits. We would quote you $35k/credit. Please let me know if you have any other questions or would like to put together a purchase agreement as your project moves forward. Thanks Nick McCabe Senior Environmental Scientist Environmental Group 115 E. Hickory Street, Suite 300 Mankato, MN 56001 P: 507.387.6651 C: 507.330.4786 Architecture Engineering Environmental Planning nick.mccabe@is-grp.com www.is-grp.com 3 From: Melissa Barrett [mailto:melissa@kjolhaugenv.com] Sent: Wednesday, August 24, 2016 2:44 PM To: Nick McCabe <nick.mccabe@is‐grp.com> Subject: Request for price quote wetland bank credits Nick, I am working on a project that, if approved, will require around 11 acres of credit. Can you provide a non‐binding quote for credits from you bank. Thank you. Melissa Barrett Certified Wetland Delineator, Licensed Soil Scientist Kjolhaug Environmental Services, Inc. Office: (952) 401‐8757 Cell: (952) 388‐3752 1 Melissa Barrett From:Jason Kirwin <jasonkirwin@gmail.com> Sent:Friday, March 10, 2017 9:13 AM To:Melissa Barrett Subject:Re: Request for bank credit price quote Melissa: We currently have 0.5635 acres of Shallow Marsh and 0.2622 acres of wetland credit available. Those credits are available at $0.99/sq ft as discussed. I expect a deposit of 10+ acres in the very near future (maybe next week). After that, we'd be willing to sell up to approximately 2.5 acres of Deep Marsh for $0.99/sq ft. We will have shallow marsh available also, but the price for those would be $1.06 and we want to hoard them as much as possible. All are Corps-approved. If interested, I can draft a PA in draft form to review. Thanks Jason Jason Kirwin - President ENVIRONMENTAL SCIENTIFIC LLC. Office (320) 589-9893 I Cell (320) 349-0794 jasonkirwin@gmail.com www.environmental-scientific.com On Thu, Mar 9, 2017 at 10:50 AM, Melissa Barrett <melissa@kjolhaugenv.com> wrote: I would need all of whatever you have left. Thanks. Melissa Barrett Certified Wetland Delineator, Licensed Soil Scientist 2 Kjolhaug Environmental Services, Inc. Office: (952) 401‐8757 Cell: (952) 388‐3752 From: Jason Kirwin [mailto:jasonkirwin@gmail.com] Sent: Thursday, March 09, 2017 10:48 AM To: Melissa Barrett <melissa@kjolhaugenv.com> Subject: Re: Request for bank credit price quote Melissa: We use our own purchase agreement. It's proven popular for us and our clients. How many credits do you need? I'll have to look at what we have available now. Jason Jason Kirwin - President ENVIRONMENTAL SCIENTIFIC LLC. Office (320) 589-9893 I Cell (320) 349-0794 jasonkirwin@gmail.com www.environmental-scientific.com 3 On Thu, Mar 9, 2017 at 10:45 AM, Melissa Barrett <melissa@kjolhaugenv.com> wrote: Jason, I would like to set up a Purchase Agreement for the remainder of your available credits. Can we do that, and what would be the breakdown? Thank you. Melissa Barrett Certified Wetland Delineator, Licensed Soil Scientist Kjolhaug Environmental Services, Inc. Office: (952) 401‐8757 Cell: (952) 388‐3752 From: Jason Kirwin [mailto:jasonkirwin@gmail.com] Sent: Wednesday, March 01, 2017 3:53 PM To: Melissa Barrett <melissa@kjolhaugenv.com> Subject: Re: Request for bank credit price quote Yes. $ .99/sq ft. Jason On Mar 1, 2017 10:04 AM, "Melissa Barrett" <melissa@kjolhaugenv.com> wrote: Jason, I have an upcoming project that will need to buy 0.96 ac of wetland credit (various subgroups ok). Do you have that amount available, and can you provide me with a price quote? 4 Thank you. Melissa Barrett Certified Wetland Delineator, Licensed Soil Scientist Kjolhaug Environmental Services, Inc. Office: (952) 401-8757 Cell: (952) 388-3752 1 Melissa Barrett From:Eric Trelstad <eric@wetlandcreditagency.com> Sent:Thursday, March 09, 2017 11:12 AM To:Melissa Barrett Subject:Re: Price quote for upland Corps approved bank credits Sure Melissa- The bank still contains the entire 1.7458 credits as listed on the BWSR site. As far as a breakdown is concerned, if you mean a type breakdown, the 1.7201 credits that are listed as U’s can be used in any combination of 3’s or 4’s, based upon how these credits would have been allocated had they been split into the wetland groups initially, as the Corps does now. If you propose these be used as either of these types and the Corps has any questions or concerns with this (although I doubt they will) I will discuss this with them. And pricing for over 1 acre of credits would stay at the $1.35 I quoted you earlier. Lastly, I am leaving late morning tomorrow for a spring break trip so if you would like a PA drafted sooner than later, please let me know today or first thing tomorrow. Otherwise, I will be back at my desk Friday of next week and happy to get it to you then. Thanks again Melissa! Eric Trelstad Wetland Credit Agency, LLC 612-360-4700 On Mar 9, 2017, at 10:49 AM, Melissa Barrett <melissa@kjolhaugenv.com> wrote: Eric, If we were to set up a purchase agreement for the remainder of your available credits: 1. How much do you have; 2. What is the breakdown; and 3. And what would be price/sf Thank you. Melissa Barrett Certified Wetland Delineator, Licensed Soil Scientist Kjolhaug Environmental Services, Inc. Office: (952) 401‐8757 2 Cell: (952) 388‐3752 From: Eric Trelstad [mailto:eric@wetlandcreditagency.com] Sent: Tuesday, February 28, 2017 12:34 PM To: Melissa Barrett <melissa@kjolhaugenv.com> Subject: Re: Price quote for upland Corps approved bank credits According to how the Corps is currently depositing buffer credits, the buffer in Account #174 should be in-kind for Types 3 & 4. Does that help? Other than that, there’s not much I can do other than our pricing does drop by $0.05 per sq foot for purchases over an acre, so if you’re ratio is higher than 2:1 (which it sounds like would put you over an acre) we would be at $1.35 or $58,806. Hope that helps. Thanks again, Eric Trelstad Wetland Credit Agency, LLC 612-360-4700 <image001.png> On Feb 28, 2017, at 9:53 AM, Melissa Barrett <melissa@kjolhaugenv.com> wrote: Eric, Since the credits are upland and not wetland (and ideally I need wetland), I’m anticipating that the corps will make me replace at a higher ration than 2:1. Probably 2.25 or 2.5:1. Can you counter with a slight discount (15% ‐ $1.20) for the non‐wetland status of the credit? Thanks. Melissa Barrett Certified Wetland Delineator, Licensed Soil Scientist Kjolhaug Environmental Services, Inc. Office: (952) 401‐8757 Cell: (952) 388‐3752 From: Eric Trelstad [mailto:eric@wetlandcreditagency.com] Sent: Tuesday, February 28, 2017 8:54 AM To: Melissa Barrett <melissa@kjolhaugenv.com> Subject: Re: Price quote for upland Corps approved bank credits Sorry for the wait Melissa. Account #174 credits are currently priced a $1.40 psf or $60,984/acre. Let me know if this works and I’ll put together a purchase agreement for you. Thanks! Eric Trelstad Wetland Credit Agency, LLC 612-360-4700 3 <image002.png> On Feb 27, 2017, at 3:32 PM, Melissa Barrett <melissa@kjolhaugenv.com> wrote: Eric, Could I have a price quote for around 0.85 acre of upland corps approved credit from bank 174? Thank you. Melissa Barrett Certified Wetland Delineator, Licensed Soil Scientist Kjolhaug Environmental Services, Inc. Office: (952) 401‐8757 Cell: (952) 388‐3752 Chanhassen 2005 Alternative Urban Areawide Review 2016 Update Page 17 8. Permits and approvals required. A listing of major approvals (including any comprehensive plan amendments and zoning amendments) and public financial assistance and infrastructure likely to be required by the anticipated types of development projects should be given. This list will help orient reviewers to framework that will protect environmental resources. The list can also serve as a starting point for the development of the implementation aspects of the mitigation plan to be developed as part of the AUAR. Table 8.1 presents a list of known local, state, and federal permits and approvals. Table 2-8 provides a list of known infrastructure and public financial assistance. TABLE 8.1 PERMITS AND REGULATORY REVIEW/APPROVALS Unit of Government Type of Permit/review or approval Regulatory Citation (as may be noted) City of Chanhassen Subdivision Approval City Code Chapter 18 Planned Unit Development Approval City Code Chapter 20, Article VIII Rezoning City Code Chapter 20, Article II, Div. 2 Bluff Creek Overlay City Code Chapter 20 Article XXXI Conditional Use Permit Approval City Code Chapter 20, Article IV Grading Permit City Code Chapter 7, Article III Site Plan Review Approval City Code Chapter 20, Article II, Div. 6 Wetland Alteration Permit City Code Chapter 20, Article VI Comprehensive Plan Amendments Zoning Ordinance Amendments City Code Chapter 20, Article II, Div. 2 Carver County Roadway Access Permit Comprehensive Plan Amendment Review Minnesota Department of Natural Resources Utility Crossings Permit MN Statute 103G, MN Rules 6115.0810 Natural Heritage Program Coordination Federal Endangered Species Preservation Act of 1973, as amended in 1978, 1982, and 1988; MN Statutes Chapter 84.0895; MN Rules Chapter 6134 U.S. Army Corps of Engineers Clean Water Act Section 404/10 Wetland Permits Section 404 Of The Clean Water Act Title 33CFR26 - Water Pollution Prevention and Control Subchapter IV - Permits and Licenses Minnesota Department of Health Water Main Plan Review MN Rules 4720 Minnesota Pollution Control Agency NPDES Permit MN Statute 115, MN Rules 7002 Sanitary Sewer Extension Permit 401 Water Quality Certificate Surface Water Discharge Permit Chanhassen 2005 Alternative Urban Areawide Review 2016 Update Page 18 Unit of Government Type of Permit/review or approval Regulatory Citation (as may be noted) Wastewater Permit Indirect Source Permit (ISP) Riley, Purgatory, Bluff Creek Watershed District Grading Permit Metropolitan Council Environmental Services Sanitary Sewer Plan Approval Minnesota State Historic Preservation Office Cultural Resource Coordination Section 106 of the Historic Preservation Act, Protection of Historic Properties" (36 CFR Part 800), MN Statutes 138.31-.42, MN Private Cemeteries Act- MN Statute 307.08 Metropolitan Council Comprehensive Plan Amendment Metropolitan Land Planning Act Minnesota Statutes Section ____ Minnesota Environmental Quality Board (EQB) Environmental Assessments (AUAR) Minnesota Rules 4410 9. Land use. Describe current and recent past land use and development on the site and on adjacent lands. Discuss project compatibility with adjacent and nearby land uses. Indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazards due to past site uses, such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or gas pipelines. • Discuss past and current land use at the project’s site. • Generally, “proximity” means within a mile or so of the project; however, the distance can be greater in specific instances. • If a site assessment for past contamination has been done, include a brief summary of the results. • Discuss what is adjacent to the site (all directions). • Note any nearby features of concern, including areas where vulnerable populations live or visit such as nursing homes, schools, day care centers, water resources, parks, etc. • Indicate the distance and direction to the nearest residential receptor. Since air and water contamination can potentially travel in any direction, please include all residential areas surrounding the site. You may need to contact the city or county in which the project is located for information. Past land use in the project area has been agricultural based uses, mostly row crops. Since the 2005 AUAR, much of the project area has developed to include low and medium density residential uses consistent with the assumptions established in the original AUAR. Included in the gross acreage calculations are 77 acres of wetland, 79 acres of floodway, and 168 acres of primary Bluff Creek Overlay District. The following table provides a breakdown of existing land use in the project area.