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Minnesota Wetland Projects Application NA-026620-03B Minnesota Local/State/Federal A For Internal Use Only Date Initial A lication Received (V.2.02 for MS WORD) 10/29/04 lication Form for Water/Wetland Pro'ects A lication No. Field Office Code 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 LD. # of Waters Impacted (if applicable; if known): See Table Below (Check all that apply): OLake DRiver [8]Wetland type 0 lOlL 02 03 04 05 0 6 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: ) 010 to 40 acres 0 Greater than 40 acres Wetland Proposed Prop osed Basin Size Type Wetland Topographic Drainage 10 (sq. ft.) (Circ. Type Dominant Vegetation Setting Area 39) (Coward in) Fill. Excav. Fill Excav. (:I: acres) (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 PEMNB Spike rush spp. 207 0 0.005 0 Tributary 3.4 Total 30,965 15,775 9,606 0.36 0.22 Drainage areas are approximate and were estimated usmg surveyed two-foot contour data. 3. PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance): Project street address: Fire #: NA City (if applicable): Chanhassen y, Section: NE '!. 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 if needed. 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 Reauest Westwood Professional Services, Inc. (952) 937-5150 Page 1 Minnesota Local/State/Federal Application Forms for Waterl\Netland Projects 8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? DYes l8lNo. If yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. 9. STATUS OF OTHER APPROVALS: 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 e County e Plat Approval e Town/City e Zoning Variance NA SHPO e NPDES e EAW/EIS/AUAR NA State Disposal System Permit NA Groundwater Appropriation Permit e Watershed District Permit NA Hazardous Waste Site NA Feedlot Permit Other: (Enter e if Pending, ~ 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. Westwood Professional Services, Inc. (952) 937-5150 Page 2 Minnesota Local/State/Federal Application Forms for Water/Wetland Projects APPLICA nON FOR DEPARTMENT OF THE ARMY PERMIT (33 CFR 325) OMS 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 of applications 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 ofInformation 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 oflaw, no person shall be subject to any penalty for failing to comply with a collection of information ifit 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. If an agent is used, also complete items 8 and II, This optional Federal form is valid for use only when included as art of this entire state a lication packet. 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) Mr. Tim Erhart 6. APPLICANT'S ADDRESS Q 111 AA 7, APPLICANT'S PHONE NO. I 11. STATEMENT OF AUTHORIZA TlON (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. APPLICANT'S SIGNATURE: DATE: 12. PROJECT NAME OR TITLE (see instructions) 13. NAME OF W A TERBODY; IF KNOWN (if applicable) PROJECT STREET ADDRESS (if applicable) " IS. LOCATION OF PROJECT 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) 17. DIRECTIONS TO THE SITE 18. J 19. PROJECT PURPOSE 20, REASON(S) FOR DISCHARGE 21. TYPES OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHERWA TERS FILLED. 23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES NO IF YES, DESCRIBE COMPLETED WORK. 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, 25. LIST OF OTHER CERTIFICATIONS OR APPROV ALSIDENIALS FEDERAL, STATE OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION. Westwood Professional Services, Inc. (952) 937-5150 Page 3 Minnesota Local/State/Federal Application Forms 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 of the 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 II 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) Westwood Professional Services, Inc. (952) 937-5150 Page 4 Minnesota Local/State/Federal Application Forms for WaterlWetland Projects FOR LGU USE ONLY: Determination for Part 1: D No WCA Jurisdiction D Exempt: No. _ (per MN Rule 8420.0122) D No Loss: _ (A,B,. . .G, per MN Rule 8420.0220) D Replacement required - applicant must complete Part II COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT IS NOT REOUlRED: Application is (check one): D Approved DApproved with conditions (conditions attached) D 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 Westwood Professional Services, Inc. (952) 937-5150 Page 5 Minnesota Local/State/Federal Application Fonns for WaterlWetland 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: 1) 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, call your LGU or SWCD office for assistance. (Photocopy chart for more impacts, ifneeded.) DESCRIPTION OF WETLAND IMPACTS County, Prot osed Pro osed Watershed Section, Wetland Dominant Vegetation Wetland Impact Name or # Township, Type Fill Excav. Fill Excav. Basin 10 Range (Circ. 39) (sa. ft.) (sa. 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 15,175 9,606 0.36 0.22 Existing land use in project area: See Attached Narrative 'If you 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) IMPACTED FOR EACH WETLAND TYPE ON CHART (indicate acres 0 or square feet ~) Type: I: 207 S.F. lL: 2: 3: 25.174 S.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 ~ 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 15 that is within 1000 feet ofa lake or 300 feet ofa river. All wetland impact areas are within the Shoreland Impact Zone. 14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be accomplished (check only one box below and continue as indicated): D 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 LGU, or download a copy from www.bwsr.state.rnn.us Skip to Section 19, page 6 (You do not need to complete Sections 15-18). ~ B. Project-specific replacement only Continue with Section 15 below. o C. A Combination of wetland banking and project-specific replacement Complete Application for Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LGU, or download a copy from www.bwsr.state.rnn.us Continue with Section 15 below. 15. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCTION (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 will 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 will 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 Westwood Professional Services, Inc. (952) 937-5150 Page 6 Minnesota Local/State/Federal Application Forms for WaterlWetland Projects 16. SURPLUS WETLAND CREDITS: If using 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, ifneeded.) New Public Wetland Value Wetland County, Wetland Credits Credits Restored Watershed Section, (NWC) (PVC) Topographic General Wetland Basin ID Size Type or (Acres) Name or # Township, (Circ. 39) (Square (Square Setting Location Created? Range Feet) Feet) 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 PROJECT-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 to 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 1 affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank. FOR PROJECTS INVOLVING EITHER PROJECT-SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF WETLAND BANKING AND PROJECT-SPECIFIC REPLACEMENT: Part A: The replacement wetland. 1 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. Westwood Professional Services, Inc. (952) 937-5150 Page 7 # Minnesota Local/State/Federal Application Forms for Water/\Netland Projects .. ' 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. *.;;, ~ Date FOR LGU USE ONLY Replacement plan is (check one): D Approved DApproved with conditions (conditions attached) D 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 Westwood Professional Services, Inc. (952) 937-5150 Page 8