Wetland Permit Application
WETLAND PERMITS APPLICATION
Erhart Property
NE % of Section 26, T116N, R23W
Chanhassen, Minnesota
September 2006
Submitted To
. City of Chanhassen
Ms. Lori Haak
7700 Market Blvd
PO Box 147
CITY OF CITY OF CHANHAsseN Chanhassen, MN 55317
RECEIVED Phone: (952) 227-1100
CHANHASSEN Fax: (952) 227-1935
S~p 0 6 2006
CHANHASSEN PLANNING OEPT U.S. Army Corps of Engineers
I~I Mr. Joe Vanta
Regulatory Branch
190 Fifth Street East
US Army Corps St. Paul, MN 55101-1638
of Engineerse Phone: (651) 290-5362
Fax: (651) 290-5330
Project Proposer
Mr. Tim Erhart
9611 Meadowlark Lane
Chanhassen, MN 55317
Phone: (952) 368-3434
Fax: (952) 368-4877
Prepared By
\\:FvV Westwood Professional Services, Inc.
7699 Anagram Drive
Eden Prairie, MN 55344
Phone: (952) 937-5150
Fax: (952) 937-5822
Project No.: 20061094.00
WETLAND PERMITS APPLICATION
Erhart Property
City of Chanhassen, Minnesota
September 5, 2006
PERMITS REQUESTED
· Wetland Conservation Act Certification of Wetland Replacement from the City of Chanhassen
. Letter of No Jurisdiction from the U.S. Army Corps of Engineers
CONTENTS
· Minnesota LocaVStatelFederal Application Form for Water/Wetland Projects
. Narrative
. Exhibits and Appendices
EXHIBITS
1. Site Location & USGS Topography
2. 2005 Aerial Photography and Adjacent Land Use
3. National Wetlands Inventory
4. Soils
5. DNR Public Waters Inventory
6. Wetland Boundary Map
7. Wetland Grading, Replacement & Seeding Plan
APPENDICES
A. Declaration of Restrictions and Covenants for Replacement Wetland (Draft)
APPLICANT
CONSULTANT
Mr. Tim Erhart
9611 Meadowlark Lane
Chanhassen, MN 55317
Phone: (952) 368-3434 Fax: (952) 368-4877
Westwood Professional Services, Inc.
David Weetman
7699 Anagram Drive
Eden Prairie, MN 55344
Phone: (952) 937-5150 Fax: (952) 937-5822
NA-026620-03B (V.2.02 for MS WORD) 10/29/04
Minnesota Local/State/Federal A lication Form for Water/Wetland Pro'ects
For Internal Use Only
A lication No. Field Office Code Date Initial A lication Received Date initial A
PART I: BASIC APPLICATION
1. LANDOWNER/APPLICANT CONTACT INFORMATION
Name: Mr. Tim Erhart Phone: (952) 368-3434 Fax: (952) 368-4877
Complete mailing address: 9611 MeadowlarkLane,Chanhassen,MN55317.Chanhassen.MN 55317
IA. AUTHORIZED AGENT (Only if applicable; an agent is not required)
Name: Phone:
Complete mailing address:
2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed)
Name or I.D. # of Waters Impacted (if applicable; ifknown): See Table Below
(Check all that apply): OLake DRiver [8]Wetland type 0 lOlL 02 03 04 0 5 06 07 0 8 See Table Below
Indicate size of entire lake or wetland (check one): See Table Below [8] Less than 10 acres (indicate size: ) 0 I 0 to 40 acres 0
Greater than 40 acres
Wetland Prol osed Pro! osed
Basin Size Type Wetland Topographic Drainage
Type Dominant Vegetation Area
ID (sq. ft.) (Circ. (Cowardin) Setting (:I: acres)
39) Fill. Excav. Fill Excav.
(sa. ft.\ (sa. ft.\ (acres\ (acres)
A 25,174 4 PEMH Reed canary grass 15,568 9,606 0.36 0.22 Isolated 9.2
B 5,791 1/2 PEMAlB Spike rush spp. 207 0 0.005 0 Tributary 3.4
Total 30 965 15775 9606 0.36 0.22
Drainage areas are approxImate and were estimated uSing surveyed two-foot contour data.
3. PROJECT LOCA nON (Information can be found on property tax statement, property title or title insurance):
Project street address: Fire #: NA City (if applicable): Chanhassen
Yz Section: NE Y. Section: 26 Township #: 116N Range #: 23W County: Carver
Lot #: Block: Subdivision: Watershed (name or #) MississIppI River - Shakopee (#33)
Attach a simple site locator map. Ifneeded, include on the map written directions to the site from a known location or landmark, and
provide distances from known locations. Label the sheet SITE LOCATOR MAP.
4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed.
See Attached NarratIve
5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to
construct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project. Attach
PROJECT DESCRIPTION sheet.
See Attached Narrative
Footprint of project: acres or square feet drained, filled or excavated.
See Table above
6. PROJECT AL TERNA TIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts
to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of which may be "no
build" or "do nothing"), and explain why you chose to pursue the option described in this application over these alternatives. Attach
PROJECT ALTERNATIVES sheet ifneeded.
See Attached Narrative
7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands, list the complete
mailing addresses of adjacent property owners on an attached separate sheet.
Available Upon Request
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Minnesota Local/State/Federal Application Forms for WaterlWetland Projects
8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? 0 Yes [8JNo. If
yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED.
9. STATUS OF OTHER APPROY ALS: List any other permits, reviews or approvals related to this proposed project that are either pending or
have already been approved or denied on a separate attached sheet.
NA Conditional Use Permit ~ County
~ Plat Approval ~ Town/City
~ Zoning Variance NA SHPO
~ NPDES ~ EAW/EIS/AUAR
NA State Disposal System Permit NA Groundwater Appropriation Permit
~ Watershed District Permit NA Hazardous Waste Site
NA Feedlot Pennit Other:
(Enter e if Pending. A if already been approved. Q if denied, or NA if not required)
10. I am applying for state and local authorization to conduct the work described in this application. I am familiar with the information
contain in this application. To the best of my knowledge and belief, all information in Part I is true, complete, and accurate. I possess
the a ority to undertake the work described, or I am acting as the duly authorized agent of the applicant.
~
Signature of agent (if applicable)
Date
This block must be signed by the person who desires to undertake the proposed activity and has the necessary property rights to do so. If only the Agent has signed,
please attach a separate sheet signed by the landowner, giving necessary authorization to the Agent.
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Minnesota LocaVState/Federal Application Foons for WaterflNetland Projects
APPLICA nON FOR DEPARTMENT OF THE ARMY PERMIT (33 CFR 325) OMB APPROVAL NO. 0710-003 Expires Dee 31,2004
The public burden for this collection of information is estimated to average 10 hours per response, although the majority ofapplications should require 5 hours or less. This includes
the time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington
Headquarters Service Directorate oflnformation Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management
and Budget, Paperwork Reduction Project (0710..0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to
either of these addresses. Completed applications must be submitted to the District engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT: Authorities: Rivers and Harbors Act, Section 10,33 USC 403; Clean Water Act, Section 404,33 USC 1344; Marine Protection, Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal purpose: Information provided on this form will be used in evaluating the application for a permit Routine uses: This
information may be shared with the Department of Justice and other Federal, state, and local government agencies. Submission of requested information is voluntary; however, if
information is not provided, the permit application cannot be evaluated nor can a permit be issued.
ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS
I. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETED
YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS.
All applicants must complete non-shaded items 5 and 26. Ifan agent is used, also complete items 8 and 11. This optional Federal form is valid
for use onl when included as art ofthis entire state a lication acket.
8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
11. STATEMENT 0 F A UTHORlZA TION (if applicable; complete only if authorizing an agent)
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 permit application.
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Minnesota Local/State/Federal Application Fonns for WaterlWetland Projects
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly
authorized agent ofthe applicant.
Signature of applicant
Date
Signature of agent (if any)
Date
The application must be signed by the person who desires to undertake the proposed activity (applicant), or it may be signed by a duly authorized agent if
the statement in Block 11 has been filled out and signed. 18 V.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any
department or agency of the United States knowingly and willfully falsifies, conceals, or covers up with any trick, scheme, or disguises a material fact or
makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,
fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (proponent: CECW-OR)
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Minnesota Local/State/Federal Application Forms for WaterlWetland Projects
FOR LGU USE ONLY:
Determination for Part 1:
o No WCA Jurisdiction
o Exempt: No. _ (per MN Rule 8420.0122)
o No Loss: _ (A,B,. . .G, per MN Rule 8420.0220)
o Replacement required - applicant must complete Part II
COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT IS NOT REOUIRED:
Application is (check one): 0 Approved DApproved with conditions (conditions attached)
o Denied
Comments/Findings:
LGU official signature
Date
Name and Title
For Agricultural and Drainage exemptions (MN Rule 8420.0122 Subps. 1 and 2B), LGU has received proof of recording of restrictions
(per MN Rule 8420.0115):
County where recorded
Date
Document # assigned by recorder
LGU official signature
Date
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Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
PART II: REPLACEMENT PLAN SUPPLEMENT
For assistance in completing Part II. contact your Local Government Unit or a professional consultant
11. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: I) Use one row of boxes for each wetland impact; 2) If your project has more
than one wetland impact, reference your overhead view (part of Section 5) to this chart by identifying and labeling "first impact" and "second impact" on
your overhead view; 3) If you are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank;
4) If you have chosen to identify more than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each wetland type, and
identify predominant vegetation and size of impacted area for each separate wetland type within that Impact area; 5) If you do not have access to some of
this information, calI your LOU or SWCD office for assistance. (Photocopy chart for more impacts, if needed.)
County, Pro~ osed Pro lased
Watershed Section, Wetland Dominant Vegetation
Wetland Impact Name or # Township, Type Fill Excav. Fill Excav.
Basin 10 Range (Circ.39) (sq. ft.) (Sq. ft.) (acres) (acres)
A Mississippi Sec. 26, 4 Reed canary grass 15,568 9,606 0.36 0.22
River - T116N,
Shakopee R23W
(#33)
B Mississippi Sec. 26, 1/2 Spikerush Sp. 207 0 0.005 0
River - T116N,
Shakopee R23W
(#33)
Total 15,775 9,606 0.36 0.22
DESCRIPTION OF WETLAND IMPACTS
Existing land use In project area: See Attached Narrative
IIfyou are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank. If you have chosen to identify more
than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each separate wetland type, and identify predominant vegetation and size
of impacted area for each separate wetland type with that impact area.
TOTALS OF AREA(S) IMP ACfED FOR EACH WETLAND TYPE ON CHART (indicate acres 0 or square feet [81)
Type: 1:207S.F.IL: 2:_3:25.174S.F.4:_5:_6:_7:_8:_ R:_
12. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply to either the impact site(s) or the replacement site(s)? 0 Yes [81 No
(Examples: the presence of endangered species, special fish and wildlife resources, sensitive surface waters, or waste disposal site.) If YES, list and describe briefly.
13. SHORELAND IMPACT ZONE: Please identify each wetland impact site noted in Section IS that is within 1000 feet of a lake or 300 feet of a river.
All wetland Impact areas are within the Shoreland Impact Zone.
14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement wilI be accomplished (check only one box below
and continue as indicated):
o A. Wetland banking only
Complete Application for Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LOU, or
download a copy from www.bwsr.state.mn.us
Skip to Section 19, page 6 (You do not need to complete Sections 15-18).
[81 B. Project-specific replacement only
Continue with Section IS below.
Dc. A Combination of wetland banking and project-specific replacement
Complete Applicationfor Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LOU, or
download a copy from www.bwsr.state.mn.us
Continue with Section 15 below.
15. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCfION (Complete this section only If you marked Box B or Box C in Section
14 above):
Describe in detail how replacement wetland(s) will be constructed. If several methods wilI be used, describe each method. Details should include the
following: I) type of construction (such as excavated in upland, restored by tile break, restored by ditch block or revegetated); 2) type, size and
specifications of outlet structures; 3) elevations relative to Mean Sea Level or established benchmarks or key features (such as sill, emergency overflow or
structure height); 4) what best management practices wilI be implemented to prevent erosions or site degradation; 5) proposed timetable for starting and
ending the project; and 6) a vegetation management plan. Write this description on a separate sheet of paper labeled DESCRIPTION OF REPLACEMENT
WETLAND CONSTRUCTION.
See Attached Narrative
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16. SURPLUS WETLAND CREDITS: Ifusing project-specific replacement (Box B or Box C in Section 14 above), will the replacement result in any
surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? 0 Yes 181 No. If yes, submit a Wetland Banking
Application directly to your LGU. Copies are available from your LGU, or download a copy from www.bwsr.state.mn.us
17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below: I) Use one row of boxes for each wetland replacement site; 2) If
your project has more that one wetland replacement site, reference your overhead view (part of Section 5) to this chart by identifying and labeling "first
replacement site" and "second replacement site" on your overhead view; 3) If you are identifying only one wetland type within a given replacement site, use
the first dotted line(s) and leave the others blank; 4) If you have chosen to identify more than one wetland type in a given replacement site, use the extra dotted
lines to indicate each separate wetland type, and identify type(s) of replacement credits and "restored or created" for each separate wetland type with that
replacement site; 5) If you do not have access to some of the information, or if you do not know your replacement ratio, call your LGU or SWCD office for
assistance. Photocopy chart for more wetland replacements, if needed.)
New Public
Wetland Value
Wetland County, Wetland Credits Credits Restored
Wetland Basin 10 Size Watershed Section. Type (NWC) (PVC) Topographic General
Name or # Township, (Square (Square Setting Location or
(Acres) Range (Circ. 39) Feet) Feet) Created?
Below Above
902.5 902.5
M-1 0.83 Mississippi Sec. 26, 2/3 36,104 0 Tributary Surrounding Created
River - T116N, Wetland B with
Shakopee R23W ditch
(#33) berm
Pond 1: 0.41 Mississippi Sec. 26, N/A 0 17,903 N/A Near Created
PVC Credits River - T116N, Wetland A
Shakopee R23W
(#33)
M-1: Upland Buffer 0.46 Mississippi Sec. 26, N/A 0 20,018 N/A Surrounding Created
PVC River - T116N, Wetland B
Shakopee R23W
(#33)
Totals 1.43 36,104 37,921
DESCRIPTION OF REPLACEMENT WETLANDS
18. ADDITIONAL INFORMATION REQUIRED FOR PROJECf-SPECIFIC REPLACEMENT (Required only if you marked Box B or Box C in Section 14):
For projects involving at least some project-specific replacement, include the following additional information:
181 Two drawings to scale of the replacement wetland. Include both overhead view and profile (side view or cross-sectional view). See What 10 Include on Plans
(Instructions, Page 3) for a detailed description of what should be included in these drawings. Without drawings. your application will be considered incomplete.
181 For created replacement wetlands, include additional soils information (if available) that indicates the capability of the site to produce and maintain wetland
characteristics. See Attached Narrative
Note 1: For replacement wetlands located on pipeline easements, you need to receive endorsement of your project from both the easement holder and the Minnesota
Department of Public Safety's Office of Pipeline Safety. Before start of construction. the owner of any utilities must be notified. The landowner or contractor is
responsible for giving this notice by calling "Gopher State One-Call" at 652-454-0002 (Twin Cities Metro Area) or 1-800-252-1166 (all other locations).
Note 2: For extensive or complex projects supplementary information may be requested at a later dated from one or more of the responding agencies.
Such information may include (but not be limited to) the following: topographic map, water table map, soil borings, depth soundings, aerial photographs,
environmental assessment and/or engineering reports.
19. SIGNED AFFIRMATION:
FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING ONLY. To the best of my knowledge and belief, all information in Part II is true,
complete and accurate; and I affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank.
FOR PROJECfS INVOLVING EITHER PROJECT-SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF WETLAND BANKING
AND PROJECf-SPECIFIC REPLACEMENT:
Part A: The replacement wetland. I affirm that the replacement wetland was not:
Previously restored or created under a prior approved replacement plan or permit; AND
Drained or filled under an exemption during the previous 10 years; AND
Restored with financial assistance from public conservation programs; AND
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 may be considered for replacement.
Part B: Additional assurances (check all that apply):
181 The wetland will be replaced before or concurrent with the actual draining or filling of a wetland.
o An irrevocable bank letter of credit, performance bond, or other acceptable security has been provided to guarantee successful completion of the wetland replacement.
o The wetland losses will be replaced via withdrawal from an account in the State Wetland Bank.
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Part C. For projects Involving any project-specific 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 wetland(s) will be located; and I will at the same time
submit proo f such recording to the LGU.
*h~
Date
FOR LGU USE ONLY
Replacement plan is (check one): 0 Approved
DApproved with conditions (conditions attached)
o Denied
LGU official signature
Date
LGU has received evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland:
County where recorded
Date
Document # assigned by recorder
LGU official signature
Date
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WETLAND PERMITS APPLICATION
NARRATIVE
ERHART PROPERTY
CITY OF CHANHASSEN, MINNESOTA
September 5, 2006
TABLE OF CONTENTS
Page
PROJECT PURPOSE, DESCRIPTION, SCOPE, AND WETLAND IMPACTS ............................... 1
PROJ ECT BACKG RO U N D AN D HISTO RY ..... .......... ...... ........................ .................... ........ .......... 1
WETLAND OVERVIEW .................................................................................................................. 2
W etlan d M app i ng ...................................................................................................................... 2
Wetland Del i neation and Resu Its .............. ........... .......... ...................... ............... ........... .......... 2
REG U LA TO RY FRAM EWO RK . .................. .............. ........... ........ .................... ....................... ....... 3
Minnesota Wetland Conservation Act, as amended ............................................................... 4
Section 404 of the Federal Clean Water Act............................................................................ 4
City of Chanhassen City Code, Chapter 20 Zoning, Article VI. Wetland Protection............ 4
S EQUENCI NG ......... ... ............. ...... .... ..... ... .............. ......... .............. ..... .... ........... .............. ...... ....... 4
Alternatives Cons idered . ... ........ .... ................... ................. .......... ................ ..... ..... ....... ... ......... 5
No Build Alternative....................... .................................. ..................................................... 5
Wetland Avoidance Alternative......................... ............ ....... ................ ................. ............... 5
Proposed Site Plan......................................................... ..... .................................................. 6
Wetland Impact Minimization ................ .............. ......... .............................. ........................ ... ... 7
I mpact Rectification .... ..... ................. ....... ............ .......... ......... ....................... ........... ..... .... ....... 7
Impact Reduction and Elimination Over Time ........................................................................ 7
WET LAN D REPLACEM ENT ......... ............. .............. ............................. ................. ................ ........ 7
Wetland Replacement Required........ ........................ ......................... ....... ....... .......... .............. 7
Wetland Replacement Proposed... ................... ....... ........ ........... ............ ......... .... ..................... 8
Proposed Onsite New Wetland Credit............................ ..................... ................ ................ 8
Proposed Public Value Credit...................................... ............. ......................... ................... 8
Wetland Replacement Monitoring .............. ............... .... .......................... .... ........ ........... .......... 9
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WETLAND PERMITS APPLICATION
NARRATIVE
ERHART PROPERTY
CITY OF CHANHASSEN, MINNESOTA
September 5, 2006
PROJECT PURPOSE, DESCRIPTION, SCOPE, AND WETLAND IMPACTS
The purpose of Erhart Property proj ect is to allow continued access to the Erhart Property from Powers
Boulevard and to meet the growing demand for commercial/office/industrial space development in the
City ofChanhassen. The:l:: 122-acre site is located in Section 26, Tl16N, R23W, City ofChanhassen,
Carver County, Minnesota (Exhibit 1).
This site consists of a mixture of woodland, wetland, open fields, and a planted tree farm. One private
residence exists in the middle of the Erhart Property, and is accessible from West 96th Street. The site is
bounded by Powers Boulevard to the west, Great Plains Boulevard to the east, West 96th Street to the
south, and undeveloped woodland and wetland to the north (Exhibit 2).
The scope of the project is limited to the far western end of the Erhart Property. Approximately 6 acres
west of the large marsh will be graded to provide access to the property from Powers Boulevard for
continued use of the land as a tree farm, and for a building pad to support development ofrougWy 60,000
square feet of commercial/office/industrial space and approximately 250 parking stalls in the future. The
remaining:l:: 116 acres of the Erhart Property is not anticipated to be developed for another ten years.
The proposed project entails 15,775 square feet (0.36 acre) of wetland fill and 9,606 square feet (0.22
acre) of wetland excavation for access to the property from Powers Boulevard, and for stormwater
treatment facilities. The project complies with the wetland replacement requirements of the Minnesota
Wetland Conservation Act (WCA) and Section 404 of the Federal Clean Water Act. Wetland impacts
will be replaced using a combination of New Wetland Credit from an onsite wetland creation area and
Public Value Credit (pVC) from onsite stormwater ponding and upland buffer. Overall, the project
design provides 74,025 square feet (1.70 acres) of wetland replacement, including 36,104 square feet
(0.83 acre) ofNWC from onsite created wetland, 17,903 square feet (0.41 acre) of stormwater ponding
PVC, and 20,018 square feet (0.46 acre) of upland buffer PVC.
PROJECT BACKGROUND AND HISTORY
Until recently, four properties, including the property described in this proposal, were served by a public
road emanating from Pioneer Trail located on approximately the same alignment as the new Powers
Boulevard. One of the properties included a farm and home site occupied by the Wallace Krause family.
The street ran one half mile north from Pioneer Trail and terminated in a cul-de-sac. The farm site was
approximately 100 yards north of the cul-de-sac, and used the cul-de-sac as its primary access. The road
was maintained by the City of Chanhassen.
The farm site and home were abandoned in the late 1970's, at which time the city ceased maintaining the
road. While no gravel was added, the culverts and drainage of the road was in good condition (to where
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Wetland Permits Application Narrative
Page 2
September 5, 2006
the Laurent and Erhart access was located) until the construction of new Powers Boulevard. The road
continued to be used by Gil Laurent and Bruce Jueressen for farming. Frank Fox, who purchased the
Krause farm site, used it as the only access to his property. The Erhart's used it as their only commercial
suitable access to the western part of his property where they operate one of two tree growing ranges on
their property. The Erhart's have no practical alternative access to this growing range other than from
the old road, now upgraded Powers Boulevard.
However, the construction of Powers Boulevard overlaid and destroyed the existing road and therefore
whatever access the road provided to the four landowners. All four owners used the road and considered
the right of way a public asset allowing them use of their property.
MnDOT did ultimately provide a curb cut to the Erhart property when constructing new Powers
Boulevard. However, the access is unusable in its present form because it immediately leads to a steep
bank and into a wetland.
This proposal would allow the construction of a driveway from the access provided from Powers
Boulevard to the western part of the Erhart Property. This 10 acres (approximate) of land is separated
from the eastern part of the property by a heavily wooded ridgeline and large wetland.
The accessible acres will allow the continued use of the existing tree growing range. Eventually this
access will be used to serve some type of commercial or industrial facility lying directly to the north of
the proposed driveway. It will also serve as an access to a future site for a lift station planned for the area
immediately to the south of the proposed driveway. The entire area is scheduled for inclusion in 2010
MUSA.
WETLAND OVERVIEW
Wetland Mapping
Prior to delineating the wetland boundaries in the field, Westwood reviewed two-foot contour mapping,
National Wetlands Inventory (NWI) mapping (1989) (Exhibit 3), the Survey Geographic (SSURGO)
database, Carver County, Minnesota (Carver County, 2006) (Exhibit 4), and DNR Public Waters and
Wetlands Inventory mapping for Carver County (Minnesota DNR, 1996) (Exhibit 5).
The National Wetlands Inventory (USFWS NWI, 1989) (Exhibit 3) depicts three wetlands on the eastern
portion of the property, but none ofthese correspond to the two delineated wetland areas. The Soil
Survey Geographic (SSURGO) database, Carver County, Minnesota (2006) (Exhibit 4) indicates that the
site contains the following hydric soils: Essexville sandy loam, Hamel loam, Glencoe clay loam, and
Houghton and Muskego soils (Hydric Soils of Minnesota, revised December, 1995). All other soils are
indicative of uplands. The DNR Public Waters and Wetlands Inventory for Carver County indicates that
no DNR Public Waters, Wetlands, or Watercourses occur within the western portion of the Erhart
Property where development is proposed; however, DNR Wetland 10-215W is located on the eastern end
of the property (Exhibit 5).
Wetland Delineation and Results
Westwood delineated and flagged a total of two wetlands on August 1, 2006 at the far western end of the
Erhart Property. The wetlands were delineated using the level two routine determination method set
forth in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, Waterways
Westwood Professional Services, Inc. (952) 937-5150
Erhart Property
Wetland Permits Application Narrative
Page 3
September 5,2006
Experiment Station, 1987), in which a sampling transect was established in representative transition
zones of the identified wetland. The transect consisted of one sampling point in upland and one point in
wetland. Soils, vegetation, and hydrology information were recorded for each point on the data form,
which is included at the back of this report. Species dominance for vegetation measurements was based
on the percent aerial or basal coverage visually estimated within a 30-foot radius for the tree and shrub
layers and a five-foot radius for the herbaceous layer within the community type sampled.
Wetlands were classified according to Wetlands of the United States (U.S. Fish and Wildlife Service
Circular 39; Shaw and Fredine; 1971) and Wetlands and Deepwater Habitats of the United States
(FWS/OBS Publication 79/31; Cowardin et. a1. 1979) (see the Classification Systems Table at the end of
this narrative). Common names for vegetation identified in this report and on the attached data forms
generally correspond with the nomenclature used in the National List of Plant Species that Occur in
Wetlands: North Central (Region 3) (USFWS, Reed, 1988) and/or Vascular Plants of Minnesota
(University of Minnesota, Ownbey and Morley, 1991).
Wetland A is a Type 4 (PEMH) wetland located just east of the western property line, and Wetland B is a
Type 1/2 (PEMAIB) wetland located approximately 800 feet northeast of Wetland A. These wetlands
have a total area of30,965 square feet (0.71 acres). The delineated wetlands are depicted on the attached
Wetland Boundary map (Exhibit 6) and are described in Table 1 below. The boundaries of these two
wetlands were reviewed and verbally approved in the field by City staff on August 14,2004.
Wetland Descriptions
The portion of the Erhart Property delineated to support this project contains approximately 0.71 acres of
jurisdictional wetlands distributed among two basins (Table 1, Exhibit 6). Vegetation quality is
generally low, as indicated by the absence and rarity of native plants and the general dominance of reed
canary grass.
a e . umman 0 e mea e et an s
Wetland Wetland
Size Type Type
Basin ID (SQ. ft.l {Cire. 391 {Cowardinl Dominant Veaetation
A 25,174 4 PEMH reed canary grass
B 5,791 1/2 PEMAlB Spike rush sp.
Total 30 965
T bl 1 S
CD r t d Wid
REGULATORY FRAMEWORK
Wetlands within the Erhart Property are regulated under:
. The Minnesota Wetland Conservation Act of 1991, as amended (WCA), administered in this area
by the City of Chanhassen,
. Section 404 of the Federal Clean Water Act (CWA), administered by the U.S. Army Corps of
Engineers (Corps), and
. City of Chanhassen City Code, Chapter 20 Zoning, Article VI. Wetland Protection.
Westwood Professional Services, Inc. (952) 937-5150
Erhart Property
Wetland Permits Application Narrative
Page 4
September 5,2006
Minnesota Wetland Conservation Act, as amended
Under the WCA, submittal and approval of a wetland replacement plan application is required for the
proposed 15,775 square feet (0.36 acre) of wetland fill and 9,606 square feet (0.22 acre) of wetland
excavation. This amount of wetland impact exceeds the 2,000 square-foot De minimis exemption for
type 1, 2, 6, and 7 wetlands outside of a shoreland wetland protection zone. The proposed wetland
impacts require full sequencing under the WCA, and therefore this Wetland Permits Application
addresses wetland avoidance, impact minimization, rectification, and replacement.
Section 404 of the Federal Clean Water Act
Wetlands on the site were reviewed to determine if they meet the U.S. Army Corps of Engineers criteria
for "waters of the United States." Connectivity of onsite wetlands to other "waters of the United States"
was assessed by reviewing the delineated wetland boundaries, the Soil Survey of Carver County, the
DNR Public Waters Inventory mapping, and current plans for Powers Boulevard. Hydrology from
Wetland B flows southwest to Wetland A through overland drainage. They are not, however, connected
by hydric soils. There is no hydrologic connection between Wetland A and wetlands on the west side of
Powers Boulevard, making both wetlands hydrologically isolated from other "waters of the United
States." Consequently, the project is eligible for a Letter of No Jurisdiction from the U.S. Army Corps of
Engineers.
City of Chanhassen City Code, Chapter 20 Zoning, Article VI. Wetland Protection
Under the City of Chanhassen City Code, Chapter 20 Zoning, Article VI (Wetland Protection), drainage,
grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland of
any size or type requires a wetland alteration permit. Any alteration to a wetland, permitted by a wetland
alteration permit, must be fully mitigated so that there is no net loss of wetlands. Standards for Wetland
Replacement include the use of Best Management Practices, erosion control measures, and the
establishment of upland buffers.
The ordinance establishes three wetland types and one water body type: (1) aglurban wetland, (2) natural
wetland, (3) pristine wetland, and (4) utilized. The City ofChanhassen City Code indicates that a buffer
strip shall be maintained abutting all wetlands and shall be identified by permanent monumentation
acceptable to the city. The buffer strip and structure setback widths are based on the established wetland
type. Wetland B is an aglurban wetland and requires a buffer strip with an average width of 16.5 feet.
Wetland B and the proposed mitigation area will also require a 40-foot structural setback from the edge
of the wetland buffer strip.
SEQUENCING
A summary of wetland impacts is provided under Item 2 in the Minnesota Local/State/Federal
Application Form for W aterfW etland Proj ects, Part 1: Basic Permit Application, located at the front of
this application package. The Applicant recognizes that WCA and Corps rules require sequencing for
wetland avoidance, impact minimization, impact reduction and elimination over time, and replacement.
The development has been designed to avoid wetland impacts to the extent practicable given the physical
constraints of the property, including the location of wetlands, avoidance of existing woodlands and
significant trees, existing bluff corridors, and steep topographic relief.
Westwood Professional Services, Inc. (952) 937-5150
Erhart Property
Wetland Permits Application Narrative
Page 5
September 5,2006
Complete avoidance of the wetlands is not considered practicable on this site due to: (1) the physical
constraints mentioned above, (2) site access limitations, (3) the need for functional traffic routing to
provide safe ingress and egress from the site, (4) proposed alignment of County roads and access points,
and the need for an earthen berm to create new wetland credits. The Proposed Site Plan provides the best
compromise between wetland avoidance and project objectives.
Alternatives Considered
Consideration was given to multiple design alternatives before the project proposer settled on the
Proposed Site Plan. The following are among the alternatives considered:
1. No Build Alternative
2. Wetland Avoidance Alternative
3. Proposed Site Plan
No Build Alternative
The No Build Alternative would completely avoid wetlands on the property. However, the No Build
Alternative is not considered practicable because: (1) it would not allow the Erhart's a suitable
commercial access to the western part of their property where they operate one of two tree growing
ranges, (2) the site will eventually be guided towards development due to its prime location adjacent to
Powers Boulevard (County Road 17) and the new Highway 212 on-ramp, and (3) the No Build
Alternative would neither fulfill the purpose of the project nor satisfy the need for additional continued
access for tree farming or office space for local businesses in the City of Chanhassen. The proposed
entrance is within 800 feet of the Highway 212 on-ramp. To leave this property undeveloped so close to
major roadways would be poor land planning, and would ultimately force development further from the
Metro area, contributing to urban sprawl.
Wetland Avoidance Alternative
A Wetland Avoidance Alternative involving construction of a similar access for tree farming and future
commercial/office/industrial development designed to totally avoid wetlands was considered, but was
found unworkable. The access points to the Erhart Property and the property to the west were dictated by
the County and MnDOT based on safe distances from the new Highway 212 on-ramp to the north and
Pioneer Trail (County Road 1) to the south. MnDOT also dictated that the entrances to the Erhart
Property and the western property be directly across from one another. Moving both entrances south
would avoid the wetland on the Erhart Property, but would force the western entrance through a larger
wetland complex. Moving both of the entrances north places the entrances too close to the new Highway
212 on-ramp.
Even if MnDOT had not dictated the location and arrangement of the entrances, avoiding Wetland A
completely would require that the access point to the Erhart Property and the stormwater pond be moved
to the north or south by roughly 220 feet. Shifting the entrance to the south would force the road into an
area with extremely steep grade changes, creating an unsafe situation for motorists, and requiring 10 to
20-foot retaining walls. Moving the entrance and stormwater pond north of Wetland A would reduce the
developable area for the office space by roughly 30 percent, which would not provide enough buildable
area for the 60,000 square-foot structure and associated parking. Moving the access point to the Erhart
Property north or south would also create an awkward transportation network because Powers Boulevard
Westwood Professional Services, Inc. (952) 937-5150
Erhart Property
Wetland Permits Application Narrative
Page 6
September 5, 2006
is designed with a center median. Consequently, cars could only gain access to the Erhart Property from
the northbound lane. The current design aligns the Erhart access with the access point for the property to
the west; thereby creating a safer intersection and transportation network between the two properties.
Proposed Site Plan
The Proposed Site Plan entails 25,381 square feet (0.58 acre) ofWCA-jurisdictional wetland impacts.
The Proposed Site Plan represents the best and preferred alternative for meeting the objectives of the
City and the Applicant while avoiding wetlands to the extent practicable. Total wetland avoidance is not
practicable given the need for access to the site for continued agricultural use, a safe and practical
transportation network, and established property access points.
Table 2 provides the wetland classifications, proposed wetland impacts, and the site-specific justification
or rationale for each wetland impact. The proposed project involves 0.58-acre ofWCA-jurisdictional
wetland impacts within wetland that is generally dominated by reed canary grass. Wetland impacts will
be replaced at a ratio that meets or exceeds the 2 to 1 WCA replacement ratio with 36,104 square feet
(0.83 acre) ofNWC from onsite created wetland, 17,903 square feet (0.41 acre) of storm water ponding
PVC, and 20,018 square feet (0.46 acre) of upland buffer PVC.
The mitigation proposed will offset the proposed wetland impacts and will result in greater long-term
wetland functions to the surrounding landscape. Wetland replacement will result in better long-term
perpetuation of wetland functions and values and will increase plant diversity.
a e . ummary 0 et an s an atIona e or mpact
Wetland Size Wetland Proposed Impact
Wetland 10 Classification
Sq.Fl Acres Sq.Fl Acres Rationale for Impact
A 25,174 0.58 4 25,174 0.58 The rationale for impact to Wetland A was
thoroughly described in the Wetland Avoidance
Alternative. Avoiding the wetland is not
pOSSible due to previously established access
points to the Erhart Property by the County and
MnDOT, and topographic and area restrictions
for site development.
B 5,791 0.13 1/2 207 0.005 The 207 square feet of impact to Wetland B will
make it possible to use a restorative approach
to wetland replacement rather than excavating
around the wetland to create New Wetland
Credit. An earthen berm will be constructed on
the southern end of the wetland to block an
existing drainage swale. This will effectively
block hydrology from leaving the depression,
filling the existing basin with hydrology to
roughly the 902.5 contour elevation.
Total 30,965 0.71 25,381 0.58
T bI 2 S
fW I d
dR. I ~ I
The Proposed Site Plan is the preferred alternative because it: (1) allows continued access to the Erhart
Property for their tree farming operations and future commercial/office/industrial development, (2)
proposes a transportation network that provides safe access to the site for automobiles and emergency
Westwood Professional Services, Inc. (952) 937-5150
Erhart Property
Wetland Permits Application Narrative
Page 7
September 5,2006
vehicles, (3) provides convenient access to adjacent parcels, and (4) provides a wetland replacement area
that will perpetuate wetland functions and values into the future. Rather than surrounding Wetland A
with roads and impervious surface, the proposed plan replaces this wetland in an area removed from
development, where wetland functions and values will persist in perpetuity.
Wetland Impact Minimization
The project has been designed to minimize wetland impacts to the extent practicable while preserving
wetland functions. The Proposed Site Plan is the preferred alternative because it creates a functional
transportation network for the proposed office development, and dovetails with County and MnDOT
plans for access points along Powers Boulevard. Existing features that create challenges to develop the
site and preserve wetland functions include: (1) wooded bluffs, (2) significant topographic relief, (3)
existing property access points dictated by County and MnDOT regulations, (4) bluff overlay districts,
(5) the general location of Wetland A in the center of the western portion ofthe property, and (6) limited
access to the property from other directions.
Impact Rectification
Because it will not be possible to restore the filled wetland, impact rectification is considered unfeasible.
Therefore, the Applicant is proposing onsite wetland replacement.
Impact Reduction and Elimination Over Time
Impact reduction and elimination over time will be accomplished by using Best Management Practices
(BMPs) prior to and during construction. Project construction will need to be covered under the
NPDES/SDS Stormwater Construction Activity General Permit administered by the Minnesota Pollution
Control Agency. Stormwater for this project will undergo pretreatment in water quality basins designed
to NURP (Nationwide Urban Runoff Program) guidelines prior to discharge to wetlands. When possible,
innovative stormwater management techniques will be further utilized to improve quality of stormwater
discharges. All wetland fill will consist of clean, uncontaminated soil. Appropriate erosion control
measures will be implemented in accordance with NPDES permit requirements to reduce the potential for
incidental wetland fill. Silt fence will be used to curtail sedimentation, minimize water quality impacts,
and protect existing wetland functions and values during and after project construction. Silt fence will be
installed at the proposed grading limits of each construction phase prior to the initiation of earthwork and
will be maintained until viable ground cover is established on exposed soils. To minimize erosion
hazards and encourage slope stabilization, graded surfaces will be seeded as soon as practical after
completion of final grading. Erosion control blankets will be used to stabilize steep slopes if necessary
following final grading.
WETLAND REPLACEMENT
Wetland Replacement Required
Under the Minnesota WCA, approximately 50,762 square feet of wetland replacement credit is required
to compensate for the 25,381 square feet of wetland impacts. At least half of the required replacement
credit needs to be in the form ofNWC to satisfy WCA requirements. Up to half of the wetland
replacement may come from PVC, which may be applied toward the second half of the 2 to 1
replacement. The Applicant proposes to meet WCA requirements by combining New Wetland Credit
and Pubic Value Credit.
Westwood Professional Services, Inc. (952) 937-5150
Erhart Property
Wetland Permits Application Narrative
Page 8
September 5,2006
The minimum required wetland replacement calculations are illustrated below. The Applicant has
determined that the wetlands are isolated and therefore eligible for a Letter of No Jurisdiction from the
U.S. Army Corps of Engineers.
Wetland Replacement Required (Square Feet)
Minnesota WCA
15,775 Wetland fill
9,606 Wetland excavation
x 2 2 to 1 replacement
50,762 minimum required
U.S. Armv COrDS of Enqineers
o AdjacenUtributary wetland fill
o Total impact requiring replacement
x 1.5 1.5 to 1 replacement
o minimum required
Wetland Replacement Proposed
The Applicant proposes to meet WCA requirements by combining New Wetland Credit (NWC) and
Public Value Credit (PVC). The project provides a total of 74,025 square feet (1.70 acres) of wetland
replacement. The Applicant recognizes that the wetland replacement construction is not a precise
practice, which depends partially on the diligence of the construction contractor. The surplus NWC
proposed reflects the Applicant's commitment to meet wetland replacement requirements. A summary of
wetland replacement areas is provided under Item 17 in the Minnesota LocallState/Federal Application
Form for Water/Wetland Projects, Part 2: Replacement Plan Supplement, located at the front of this
application package.
Proposed Onsite New Wetland Credit
Exhibit 7 shows the proposed wetland mitigation areas for the Erhart Property and the proposed contours
and cross-section for the wetland mitigation area. The wetland replacement area will be constructed by
building a berm at the southern end of the wetland to block a natural drainageway. The outlet of the
berm will be set at an elevation of 901.5, with wetland characteristics anticipated nearly a foot above this
elevation. Other than construction of the berm, there will be no excavation or grading to construct the
wetland. Proposed wetland edges will feature undulating bottom contours and slopes no steeper than 5 to
1 to help assure a functional transition to upland.
Proposed Public Value Credit
The WCA, as amended, allows PVC for buffer areas with permanent and noninvasive vegetative cover
established or preserved on upland adjacent and contiguous to replacement wetlands. The required
average buffer width within municipal areas is 25 feet with 5: I slopes. Replacement credit for the buffer
may not exceed 100 percent of the replacement wetland area and may only be used as public value
credits for replacement above a 1: 1 ratio. The project provides 20,018 square feet of upland buffer that is
eligible for Public Value Credit as shown in Item 17 in the Minnesota LocallState/Federal Application
Form for Water/Wetland Projects, Part 2: Replacement Plan Supplement, located at the front of this
application package.
Westwood Professional Services, Inc. (952) 937-5150
Erhart Property
Wetland Permits Application Narrative
Page 9
September 5, 2006
Wetland Replacement Monitoring
Under the WCA, replacement wetlands require monitoring for a period of five years following
completion of the wetland replacement project, or until Technical Evaluation Panel (TEP) deems the
replacement wetland to be fully functional. A wetland monitoring report will be submitted to the LGU at
the end of each monitoring year and will contain the following information:
1. a description of the project location, size, current wetland type (Cowardin
classification), and desired wetland type (goal);
2. a comparison of the as-built specifications versus the design specifications (first annual
plan only) and a rationale for significant changes;
3. hydrology measurements: seasonal water level elevations or aerial coverage
measurements during the period April through October;
4. a map of plant communities within the boundaries of the replacement site, including
hydrologic indicators observed; and
5. color photographs ofthe Project Area taken anytime during the growing season.
If it can be shown that a wetland replacement area is fully functional prior to the fifth year of monitoring,
the Applicant may request that the LGU waive the remainder of the five-year monitoring requirement.
Westwood Professional Services, Inc. (952) 937-5150
Map Document: (P:\20061 094\gis\20061 094drg01 A.mxd)
8/30/2006 - 3:42:16 PM
----~
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Data SourcL~s): MllDNR DRG (ShakopL'C, Revised 1993).
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Westwood Professional Services, Inc.
7699 Anagram Drive
Eden Prairie, MN 55344
Erhart Property
Chanhassen, Minnesota
PHONE
FAX
TOll FREE
952-937-5150
952-937-5822
1-888-937 -5150
N
A
I
-0
Site Location and USGS Topography
Westwood
www.westwoodps.com
2,000 Feet
EXHIBIT 1
Map Document: (P:\20061 094\gis\20061 094Iand01A.mxd)
8/30/2006 - 4:28:55 PM
~~,
Legend
D Property Boundary ~.
Data Soun.:c(s): USDA FSA APFO, DOQ (2003).
'"
Westwood Professional Services, Inc.
7699 Anagram Drive
Eden Prairie, MN 55344
Erhart Property
Chanhassen, Minnesota
PHONE 952-937-5150
FAX 952-937-5822
TOll FREE 1-888-937-5150
N
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o
I
1 ,000 Feet
2003 Aerial Photography and Adjacent Land Use
EXHIBIT 2
Westwood
www.westwoodps.com
~
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Map Document: (P:\20061094\gis\20061094nwi01A.mxd)
8/30/2006 - 4: 11 :44 PM
D Property Boundary
_ NWI Wetland
Wetland Classification:
Type 1: Seasonally Flooded Basin
Type 3: Shallow Marsh
Type 5: Shallow Open Water
Type 6: Shrub Swamp
Type 7: Wooded Swamp
Data SOUfCL'(S): USDA FSA APFO, DOQ (2003); USFWS NWI (1989).
'"
Westwood Professional Services, Inc.
7699 Anagram Drive
Eden Prairie, MN 55344
Erhart Property
Chanhassen, Minnesota
PHONE 952-937-5150
FAX 952-937-5822
TOll FREE 1-888-937-5150
N
A
I
o
500 Feet
National Wetlands Inventory
EXHIBIT 3
Westwood
www.westwoodps.com
Map Document: (P:\20061094\gis\20061094soil01A.mxd)
8/30/2006 - 4:08:11 PM
~
Soil Legend
EX Essexville sandy loam
HM Hamel loam
GL Glencoe clay loam
KB Kilkenny-Lester loams, 2-6% slopes
KB2 Lester-Kilkenny loams, 2-6% slopes, eroded
KC Lester-Kilkenny loams, 6-12% slopes
KC2 Lester-Kilkenny loams, 6-12% slopes, eroded
KD2 Lester-Kilkenny loams, 12-18% slopes, eroded
KE2 Lester-Kilkenny loams, 18-25% slopes, eroded
KF Lester-Kilkenny loams, 25-40% slopes
MK Houghton and Muskego soils
TB Terri I loam, 0 to 6 percent slopes
W Water
Note: "Hydric" soils have been conservatively estimated by
Westwood as those soils that consist of at least 70 percent
hydric soil components. Mapping is provided as a supplement
for field identification purposes. Soils should be field verified,
and excavated to the depth necessary for an understanding
of the redoximorphic properties.
D Property Boundary
_ Hydric Soils
.t
Data Soun;c(s): USDA FSA APFO, DOQ (2003); USDA NRCS, SSURGO dat<lbasc fbr Carver COlUlty (2006).
l
Erhart Property
Chanhassen, Minnesota
'"
Westwood Professional Services, Inc.
7699 Anagram Drive
Eden Prairie, MN 55344
N
A
952-937-5150
952-937-5822
1-888-937-5150
PHONE
FAX
TOLL FREE
~
o
500 Feet
Westwood
www.westwoodps.com
Soils
EXHIBIT 4
Map Document: (P:\20061 094\gis\20061 094pwi01 A.mxd)
8/30/2006 - 3:36:06 PM
@ 2006 Westwood Professional Services, Inc.
23
.
Legend
D Property Boundary
Data SOllrcL'(s): MN DNR Division ofWatcrs (Revised, 1996).
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Westwood Professional Services, Inc.
7699 Anagram Drive
Eden Prairie, MN 55344
PHONE 952-937-5150
FAX 952-937-5822
TOll FR EE 1-888-937 -5150
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www.westwoodps.com
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EXHIBIT 5
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1 ,000 Feet
Map Document: (P:\20061 094\gis\20061 094wtld01 A.mxd)
8/30/2006 - 4:13:55 PM
D Property Boundary
Wetland Boundary
Data SOllrc<.:(s): USDA FSA APFO, DOQ (2003); WPS (2006).
'"
Westwood Professional Services, Inc.
7699 Anagram Drive
Eden Prairie, MN 55344
Erhart Property
Chanhassen, Minnesota
PHONE
FAX
TOLL FREE
952-937 -5150
952-937-5822
1-888-937-5150
N
A
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Wetland Boundary Map
Westwood
www.westwoodps.com
500 Feet
EXHIBIT 6
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APPENDIX A
Declaration of Restrictions and Covenants for
Replacement Wetland (DRAFT)
(Above Space is Reserved for Recording Information)
Minnesota Wetland Conservation Act
Declaration of Restrictions and Covenants for Site Specific Wetland Replacement
Replacement Wetland Declarant: Mr. Tim Erhart. 9611 Meadowlark Lane. Chanhassen.
Minnesota 55317
General Location of Replacement: Sec. 26, Twp. 116N, Rge.23W, County of Carver
This Declaration of Restrictions and Covenants for Site Specific Wetland Replacement
Wetland (Declaration) is made this _ day of . _ by the undersigned Declarant:
RECITALS
A. The Declarant holds the fee title or perpetual easement on the real property
described in Exhibit A, attached hereto.
B. This real property is the site of a Replacement Wetland, as defined in Minnesota
Rules 8420.0110, subp. 40. Exhibit B, attached hereto, is a map or survey of the subject
Replacement Wetland.
C. The Declarant is seeking approval of (1) a replacement plan under Minnesota
Statutes section 103G.222.
D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as
amended, Minnesota Statutes section 103G.222 et seq., and all other provisions oflaw that apply
to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to
the Replacement Wetland, pursuant to Minnesota Rules 8420.0115.
E. The Local Government Unit (LGU) charged with approval of the Replacement Plan is
CityofChanhassen, whose address is 7700 Market Blvd.. P.O. Box 147. Chanhassen. MN 55317
F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and
Decl_ ResCov.doc
Page 1 of4
(April 2003)
Rules currently in effect and as amended or renumbered in the future.
RESTRICTIONS AND COVENANTS
The Declarant makes the following declaration of restrictions and covenants for the
Replacement Wetland. These restrictions and covenants shall run with the land, and bind
Declarant, and Declarant's heirs, successors, and assigns:
1. The Declarant shall maintain a Replacement Wetland of the size and type
specified in the replacement plan approved by the LOU and on file at the offices of the LOU.
Declarant shall not make any use of the Replacement Wetland that would adversely affect the
functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and
as specified in the replacement plan.
2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and
replacement of the Replacement Wetland, which the LOU or the State of Minnesota through the
Minnesota Board of Water and Soil Resources may deem necessary to comply with the
specifications for the Replacement Wetland in the approved replacement plan.
3. Declarant grants to the LOU, the State of Minnesota, and the agents and
employees of the LOU and the State of Minnesota, reasonable access to the Replacement
Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no
access to or entry on the lands described to the general public.
4. Declarant represents that he or she has a fee simple or easement interest in the
land on which the Replacement Wetland is or will be located. Declarant represents that he or she
has obtained the consent of all other parties who may have an interest in the land on which the
Replacement Wetland is or will be located to the creation of the restrictions and covenants
herein, and that, all such parties have agreed in writing to subordinate their interests to these
restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s).
5. Declarant shall record or file this Declaration, pay all costs associated with
recording or filing, and provide proof of recording or filing to the LOU. If this Declaration is
given pursuant to a replacement plan, such proof shall be provided to the LOU before proceeding
with construction of the Replacement Wetland.
6. Acknowledge that this Easement shall be unlimited in duration, without being re-
recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to
Minn. Stat. ch. 84C.
7. If the replacement plan approved by the LOU and on file at its offices requires the
establishment of areas of native vegetative cover, the term "Replacement Wetland" as used in
this Declaration shall also include the required areas of permanent vegetative cover, even if such
areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland
shall apply equally to the required areas of native vegetative cover. In addition, the Declarant:
Page 2 of4
Decl_ ResCov.doc
(April 2003)
(a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540,
subpart 2.D;
(b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas
specified in the replacement plan for native vegetative cover, including any necessary planting
and replanting thereof, and other conservation practices, in accordance with the replacement
plan;
( c) Shall not produce agricultural crops on the areas specified in the replacement plan;
(d) Shall not graze livestock on the areas specified in the replacement plan or;
( e) Shall not place any materials, substances, or other obj ects, nor erect or construct any type
of structure, temporary or permanent, on the areas specified in the replacement plan, except as
provided in the replacement plan;
(f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious
weed control laws and emergency control of pests necessary to protect the public health on the areas
specified in the replacement plan; and
(g) Shall comply with any other requirements or restrictions specified in the replacement
plan, including, but not limited to, haying, mowing, timber management or other vegetative
alterations that do not enhance or would degrade the ecological functions and values of the
replacement site.
8. This Declaration may be modified only by the joint written approval of the LGU
and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the
Replacement Wetland has been used to mitigate wetland losses under the Federal Water
Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree
to the modification in writing. Such modification may include the release of land contained in
the legal description above, if it is determined that non-wetland areas have been encumbered by
this Declaration, unless the approved replacement plan designates these non-wetland areas for
establishment of permanent vegetative cover.
9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of
Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable
attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the
terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of
the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit
requirements under the Federal Water Pollution Control Act or a federal farm program, then the
provisions of this Declaration that run to the State or the LGU may also be enforced by the United
States of America in a court of competent jurisdiction.
Decl_ ResCov.doc
10. This Declaration must be recorded and proof of recording submitted to the
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(April 2003)
LOU or other regulatory authority in order to be valid.
Signature of Declarant
Signature of Declarant
STATE OF MINNESOTA)
) ss.
COUNTY OF Hennepin)
This instrument was acknowledged before me on _ (date) by
~ (name(s) ofperson(s).
(Signature of Notarial Officer)
(Title)
My commission expires: _
Attachments: [
[
] Attachment A (legal description)
] Attachment B (map or survey of Replacement Wetland)
This instrument drafted by:
Decl_ResCov.doc
Page 4 of4
(April 2003)