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2005-06-16 Draft Resoultion Wetland Mitigation "" ElYt DRAFT#2, June 16,2005 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-24 RESOLUTION APPROVING WETLAND MITIGATION PLAN WHEREAS, Edina Development Corporation ("Edina") has platted subdivisions in the City of Albertville ("City") known as Albert Villas, Albert Villas Second Addition, Albert Villas Third Addition, Albert Villas Fourth Addition, Albert Villas Sixth Addition (collectively, "Developments"); and WHEREAS, Edina has previously applied for and received approval of two wetland mitigation plans related to the Developments;. and WHEREAS, said wetland mitigation plans permit Edina to fill certain wetlands provided Edina establishes replacement wetlands in specific places, posts signs indicating where wetlands and wetland buffers are located, record easements and covenants on the property records covering the wetlands, and other specifically-enumerated actions as set out in the wetland mitigation plans; and WHEREAS, Edina has failed to comply with many components of the wetland mitigation plans; and WHEREAS, it now appears to be very difficult for Edina to fully comply with the wetland mitigation plans; and . WHEREAS, the Department of Natural Resources ("DNR") has issued an order to Edina requiring Edina to comply with the wetland mitigation plans; and WHEREAS, Edina has submitted a response to the DNR's order ("Response") in an attempt to remedy some of the deficiencies in its performance of the approved wetland mitigation plans; WHEREAS, Edina and the City agree that Edina's Response to the DNR's order shall be deemed an amended wetland mitigation plan ("Amended Mitigation Plan"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 45 46 r A. The City Council makes the following fmdings of fact: 1. Edina has not created and maintained all wetland mitigation areas required by the wetland mitigation plans. 2. Edina has not established wetland buffer zones required by at least one of the wetland mitigation plans. 3. Edina has not posted wetland signs in locations required by at least one of the wetland mitigation plans. 4. Edina has not recorded all of the wetland covenants required by the wetland mitigation plans. 5. Edina has not provided the City with drainage and utility easements over all areas containing wetlands and mitigated wetlands. B. The Response (also referred to as "Amended Mitigation Plan") attached as Exhibit A to this resolution is hereby approved, subject to the following conditions listed below: I. Edina shall pay all City costs incurred as a result of Edina's failure to comply with the wetland mitigation plans, including all legal, plarming, engineering, and environmental consultant fees incurred by the City, as well as the value of the City Administrator's time (at a rate of $50 per hour) devoted to the issues arising from Edina's failure to comply with the wetland mitigation plans. The City shall send invoices from the Consultants to Edina for review. 2. Edina shall provide the City with drainage and utility easements over the following lots: Lot 8, Block I, Albert Villas Second Addition; Lots 4, 5 and 7, Block 3 Albert Villas Sixth Addition, and that area labeled "Future ih Addition Concept" shown on the attached Exhibit B. All such easements shall be on a form approved by the City Attorney, shall include aU wetlands and wetland mitigation areas on said lots, and Edina shall provide proof of good title for all easements, including subordinations of aU existing mortgages and release of all liens on the properties. Edina shall provide written permission from the property owners of Lots 3 and 4 of Block I, Albert Villas 6th Addition authorizing the establishment of wetlands consistent with the mitigation area shown on the Amended Mitigation Plan. For all properties owned by Edina upon which Edina has or is required to establish mitigated wetlands, Edina shall record a Declaration of Restrictions and Covenants employing substantially the same form as shown on the attached Exhibit C. Edina shall provide proof Edina has good title to such property immediately prior to such recording, including proof that no mortgages or liens , take precedence over such Declaration of Restrictions and Covenants. 3. Edina shall mail a notice to all owners of properties on which no covenants and restrictions have been recorded related to wetlands. The notice shall be approved by the City Administrator and shall conform to the wetland-related notices required of Edina with the original plat approval. 4. Edina shall provide the City with a letter of credit approved by the City Attorney in the amount of$114,600 reflecting cost estimates of $50,000 for Edina to restore unauthorized wetland filling as required by paragraph B.ll. of this resolution; $50,000 as the estimated cost of constructing the mitigation wetlands required by the Amended Mitigation Plan; and $14,600 as the estimated cost of monitoring the mitigated wetlands for a period of five years. The letter of credit shall be unconditional except that the City may only draw on the letter of credit upon presentation of a written statement to the issuing authority by the City detailing Edina's failure to comply with the terms of this resolution and presentation of the City's statement as to the amount of money needed to effect such compliance. The form of the letter of credit and issuing bank must meet the approval of the City Attorney. As Edina performs the wetland restoration work required by paragraph B.11. of this resolution in a manner acceptable to the City and DNR, the City shall, at Edina's request, reduce that portion of the letter of credit attributable to such restoration, provided that the amount of the remaining portion of the letter of credit attributable to such restoration shall not be less than the cost estimate of such restoration remaining to be completed pursuant to this Agreement. 5. On all lots in the Development currently owned by Edina, Edina shall record the wetland-related restrictions required with the City's initial approval of the respective Developments. 6. Edina shall provide the City with a list of all property owners who were given wetland-related informational materials which the City in its initial approval of the respective Developments required to be given to purchasers of the lots within the Developments. 7. Edina shall install wetland marker signs of a type and in such locations on easement areas within the Developments as required by City staff. For all lots upon which no building permit has been issued as of May 6, 2005, said signs shall be placed at the leading edge of the 30-foot wetland buffer area required by City Ordinance. 8. The City of Albertville shall be provided a ghost plat of "Phase 7" (the property adjacent to Albert Villas 6th Addition which is owned by Edina and is to be used for constructing mitigated wetlands) so it can be determined that the anticipated land uses and layouts will be acceptable with the proposed mitigation areas. This ghost plat shall be submitted prior to the establishment of mitigated wetlands on such property. 9. Edina shall obtain the written consent from the owners of Lots 3 and 4, Block I of Albert Villa's 6th Addition sufficient to permit the recording of the Declaration of Restrictions and Covenants attached as Exhibit C over said Lots and sufficient to 47 48 ~. ~ ~~:<t~ ~ .'-' rh: 1~ ~"""'r E~a r ~ ,4-./ii:: riM permit th establishment of wetland mitig~on e s 0 er said ~s. tina shall ~ ~ be respon ible for recording said covenants and providing proof of good title for ~ ,:~ such .cove ants, including subordination of any existing $or!~~ges *d releasej>f /' /4/;' any hens.. "fit (> ~~~~tA ~ 10. Unless a different date is specifi II et ou n this Agreement for any particular ~<<~ paragraph, All wetland creation resto tion work to be performed by Edina d~ shall be completed by August ,2005. 11 other work required of Edina under )?~ this Agreement must proceed in an uninterrupted and expeditious manner. 11. Edina shall restore all wetlands that have been filled without proper authorization as of the date of this resolution in the Developments where such filled wetlands: I) are within City drainage and utility easements; and 2) were not posted with wetland boundary marker signs prior to the unauthorized filling; and 3) are located on the lots listed on the attached Exhibit D. Edina shall coordinate all restoration actions with City staff and the landowners on whose properties the filled wetlands are located, Edina shall not be required to restore wetlands on properties which the City finds the property owner has failed to sufficiently cooperate with the City to restore the wetlands in a timely and acceptable manner. Edina shall pay the costs incurred by the City in facilitating the restoration of these wetlands, including all environmental, engineering and legal consulting costs. The City shall send invoices from the Consultants to Edina for review. All such restoration work shaU be performed by Edina by September 15, 2005, unless a later date is specified by the City. In restoring such wetlands, Edina shall not remove, damage or destroy trees, bushes or shrubs planted by the property owners if the planting of such items are not deemed fill under the Wetland Conservation Act and the removal of such items are not required to restore the wetlands. 12. Edina shall pay aU engineering, environmental and legal consulting costs incurred by the City in monitoring the mitigated wetlands for the period required by state law. The City shall send invoices from the Consultants to Edina for review. 13. In the event one or more property owners of Lots 1-6, Block 6, Albert Villas Third Addition apply for the relocation of the wetlands on these lots from the wetlands' current location to another location on these lots and such petition is approved on a I-to-l replacement basis, Edina shall relocate and re-establish said wetlands on the lots receiving approval under the Wetland Conservation Act, provided the property owners receiving such approval grant Edina access to one or more of the lots to perform the work. All such work shall be done at Edina's expense, but Edina shall not be responsible for costs associated with said application. Edina's obligation to perform the work required in this paragraph shall expire for any lot not receiving such approval by December 31,2005. 14. Edina Development shall provide the City a survey of the mitigation sites for Albert Villas Phases 1-6 which identifies the location of those sites in relation to existing easements of the City including, but not limited to, wetland mitigation, drainage and utility easements. The purpose of this condition is to allow the City to identify which mitigation sites are currently within City controlled easements , and which are located on private property. 15. Mitigation areas I m though 4m shall surveyed in their current state to accurately identify the proposed construction limits. The wetland delineation, as identified prior to construction, shall also be staked in the field. These surveys will be evaluated by the LGD and/or TEP panel members to determine if corrective action has been completed as proposed. Previous surveys shall be abandoned. 16. As-built plans shall be provided on mitigation areas I m through 4m. As-built drawings shall also be provided for all wetland mitigation on Phases 3, 4, and 6. Miti atio deficiencies in Phases 3, 4, and 6 if present, must also be compensated for either with corrective action or replacement at 4: 1 17. Following construction, any areas determined to be deficient, either due to inadequate construction or inability to gain access to complete construction, will be included in the mitigation plan to be replaced at a 4: I replacement ratio. This specifically referenced to the east side of mitigation 2m, but may apply to additional areas. 18. The additional wetland impact located between areas 7f and 8f shall be replaced 4: I rather than the proposed 2: I. 19. Mitigation areas 1m through 4m shall be re-seeded with a wetland seed mixture and will be disk anchored with clean straw. The tag (list of species and quantities provided from the vendor) from the wetland seed mixture used in the mitigation areas must be provided to the City of Albertville. 20. The area between mitigation areas 3m and 4m must also be re-seeded and re- graded if the survey referenced in Item 1 identifies this area as being filled wetland. This area can also be mitigated off-site at a 4:1 ratio if restoration cannot be completed. 21. Mitigation site 3m shall have the sod removed from the bottom of the open water. The removed material must be removed from the property and disposed of properly. Any exposed bare ground will be seeded and mulched as per Item*- I r 22. Damage to private property resulting from corrective action shall be restored immediately following construction activities. This may include but not limited to, replacement of sod damaged by construction vehicles. 23. Required signage shall be of a size and dimension and contain information as approved by the City. A plan sheet identifying the proposed placement locations must also be submitted for approval by the City prior to installation. 24. Edina Development Corporation shall be responsible for obtaining any necessary permanent or temporary easements and/or rights-of-entry on private property for the purpose of accessing, repairing, and maintaining mitigation sites and for sign placement. All such easements and rights-of-entry are subject to approval by the City Attorney and City Engineer. 25. Monitoring for all mitigation areas within all Phases of Albert Villas shall be reset to year one status. Monitoring reports shall be submitted by August 15 of each year, starting in 2005, to allow for field verification within the growing season. 26. Edina Development must prepare education materials that describe the benefits of 49 r wetlands and buffers, and identifies the land uses allowed, or not allowed in these areas. These materials must be provided to all residences within the Developments and shall include figures that identify the wetlands present in all phases of the Developments. These materials must meet the approval of the City Administrator. Examples of similar materials may be obtained from the Board of Water and Soil Resources. 27. The large earthen mounds currently located in the vicinity of the new mitigation areas in "Phase 7" must be removed. 28. Edina Development shall notify the City and its wetland consultants prior to any activity that will require a field review and/or visual inspection. This will minimize resident impacts, and will allow.for prompt approval or identify additional corrective actions. 29. Edina Development is responsible for obtaining permission to enter private property to perform corrective actions, and must obtain this permission in writing. These permissions shall also include access rights for the City of Albertville, their representatives, and regulatory personnel related to this project. Permission to access property to perform corrective work related to compliance with the Wetland Conservation Act shall be granted in perpetuity. Verbal approvals are vague, unreliable, and shall not be accepted. 30. Initiation of corrective action by Edina Development prior to approval of this permit application is at their risk. Placement of signage, restoration or corrective action, or creation of mitigation areas does not constitute approval. 31. Any violations or unwillingness to comply with this permit, or any of the attached conditions, will be considered a violation of the Restoration Order and a violation of the Amended Mitigation Plan and will be enforced with legal action and will be grounds for the suspension of the issuance of building pennits pursuant to the developer's agreements applicable to the Developments. C. Edina shall fully perform conditions B.l. through B.9. of this Resolution before the Amended Mitigation Plan shall be deemed to be effective for purposes of curing Edina's failure to comply with the wetland mitigation plans. For purposes of curing Edina's current defaults under all of the Developer's Agreements for the Developments, no wetland-related defaults shall be deemed cured until Edina complies with conditions B.1 through B.9 of this Resolution. D. The approval contained in this Resolution incorporates the following documents: I. Restoration order issued by the Minnesota Department of Natural Resources dated February 23,2005. 2. The Amended Mitigation Plan submitted by Edina. 50 -t AMENDED WETLAND MITIGATION AGREEMENT WHEREAS, Edina Development Corporation ("Edina") has platted subdivisions in the City of Albertville ("City") known as Albert Villas, Albert Villas Second Addition, Albert Villas Third Addition, Albert Villas Fourth Addition, Albert Villas Sixth Addition (collectively, "Developments"); and WHEREAS, Edina applied for and received approval of two wetland mitigation plans as part of the Developments; and WHEREAS, the Department of Natural Resources ("DNR") has issued an order to Edina requiring Edina to comply with the wetland mitigation plans; and WHEREAS, Edina has submitted a response to the DNR's order ("Response") in an attempt to remedy some of the deficiencies in its performance of the approved wetland mitigation plans; and WHEREAS, Edina and the City agree that Edina's Response to the DNR's order shall be deemed an amended wetland mitigation plan ("Amended Mitigation Plan"); and WHEREAS, the City is considering approving the Amended Mitigation Plan in a manner that would relieve Edina from meeting some very difficult wetland- related obligations it is currently contractually bound to adhere to as set out in various developer's agreements related to the Development, including such requirements as establishing 30 foot wetland buffers over many of the properties in the Developments; and WHEREAS, without the consideration offered by Edina in this Agreement, the City would not relieve Edina of the difficult wetland-related obligations referred to above; NOW, THEREFORE, EDINA AND THE CITY AGREE AS FOLLOWS: 1. In the event the City approves Edina's Amended Mitigation Plan in substantially the form and content as shown on the attached Exhibit 1, as consideration for such approval, Edina agrees to comply with all of the conditions of such approval and also agrees to waive its right to appeal the approval of the Amended Mitigation Plan as well as any of the conditions of approval shown on Exhibit 1 to the Minnesota Board of Water and Soil Resources, any Minnesota state court, any federal court, or any other state or federal agency. / . 2. Edina acknowledges and agrees that the City intends to rely on Edina's undertakings set out in this Agreement in the event the City Council votes to approve the Amended Mitigation Plan in substantially the form and content as shown on the attached Exhibit I. Dated: June 1" Di~\ , 2005 EDINA DEVELOPMENT CORPORATION f2'2~ JM- \ ~ Lewandowsb Its: President CITY OF ALBERTVILLE ~~~~'- Mayor / --- ~-~J Clerk 2 f7,!I I> RESPONSE TO RESTORATION ORDER FOR: ALBERT VILLAS DEVELOPMENT JASON AVENUE ALBERTVILLE, MN 55301 PREPARED FOR: SHORT ELLIOT HENDRICKSON, INC. 3535 VADNAIS CENTER DRIVE ST. PAUL, MN 55110 i j l PREPARED BY: I l PINNACLE ENGINEERING, INC. 11541 95TH AVENUE N MINNEAPOLIS, MINNESOTA 55369 (763) 315-4501 l MN00039.04 MARCH 23RD, 2005 I L J Replacement Plan Albert Villas Development Albertville, Minnesota 1.0 INTRODUCTION Edina Development (Edina) is proposing this replacement plan as a means of complying with a Restoration Order issued February 23, 2005. The Restoration Order was issued for non-compliance to the Wetland Conservation Act (WCA) permits issued for multiple phases of the Albert Villas residential development project. The Albert Villas Development is located within Sections 2 and 11, Township 120N, Range 23W in Albertville, Wright County, Minnesota (Site), as depicted on Figure 1. The local governmental unit (LGU) is the City of Albertville, and their consultant Short Elliot and Hendrickson (SEH) provides technical assistance for the wetland and engineering issues. The Restoration Order identified the following concerns with Phases 1 and 2: e mitigation areas 1m through 5m (Figure 2) do not meet the requirements of the approved replacement plan. e Deed Restrictions and Covenants for the replacement wetlands are not on file with Wright County. . additional fill was placed in a wetland area between fill areas 7f and Sf (Figure 3). The Restoration Order identified the following concerns for Phases 3,4, and 6: · A 30-foot buffer strip was to be placed along the borders of the existing wetlands and mitigation areas. · Signage would be placed along the buffer strip. · All wetlands and mitigation area would be placed under a Conservation Easement on the property deeds. The Restoration Order offered two options as a resolution. Option A proposed completing the replacement plans as they were proposed in each of the wetland permit applications for the different phases of the project. Option B offered the submission of a replacement plan that proposes to modify the original replacement plans if any of the requirements of the Restoration Order can not be completed. Edina has chosen Option B, due to the legalities concerning covenants and restriction requirements of the original replacement plan. In order to better Pinnacle Engineering, Inc. Project Number MN00039.04 10f7 Replacement Plan Albert Villas Restoration Order ,( i l ! [ [ understand why the Restoration Order was ordered, Edina offers the following as a brief explanation of the complexity of this issue. 2.0 BACKGROUND One of the conditions of the WCA permit was to submit to the County recorder restrictions and easements on the property concerning the wetland mitigation areas as well as the existing wetlands. In early 2000, Edina submitted, what they believed to be, all documentation concerning property restrictions and easements to the City and the City's consultants for review. The review was completed, and Edina was given a Developers Agreement. The SEH office responsible for engineering aspects of the Albert Villas project is located in St. Cloud, Minnesota, and the SEH office responsible for wetland issues is located in Vadnais Heights, Minnesota. Even though Albertville retained a qualified consultant, it appears the two SEH offices did not communicate with each other or with the City of Albertville in regards to the wetland conservation easement. As a result, the conservation easement, which Edina believed had placed on the wetlands or mitigation areas, was not recorded on the properties. A utility easement is currently recorded on the properties, and a Developer's Agreement indicating that all easements had been placed on the properties was issued by the LGU to Edina. As the phases of the project progressed over the next three years the properties were sold to individual home-owners. Edina no longer retained access rights to the properties. The confusion concerning the conservation easement continued as the monitoring reports for Phases 1 and 2 were sent to the SEH office in Vadnais Heights and Edina. SEH in Vadnais Heights would inquire about the conservation easements, and SEH in St. Cloud would respond that all of the easements were in place per the Developer's Agreements with the LGU. The monitoring reports documented and recommended actions to be taken in order to achieve successful mitigation areas. In addition, mitigation areas began to be impacted by home owner's activities and individual builders as they regraded the lots for home construction. Currently, Edina is being asked to place Covenants and Restrictions on property they no longer own or have rights to. 3.0 EXISTING CONDITIONS The following is a discussion of the status of each of the wetland mitigation areas permitted for the Albert Villas development. The discussion is followed by a brief summary . Pinnacle Engineering, Inc. Project Number MN00039.04 20f7 Replacement Plan Albert Villas Restoration Order ) I l i l " 3.1 Phase 1 and 2 Mitigation Area 1M Mitigation Area 1M is located south of Kahl Avenue, north of 52nd Street, west of Jason A venue, in the northern portion of Albert Villas. This area is adjacent to the south of an existing wetland and adjacent to the east of stormwater detention pond #2. Storm water pond #2 is located adjacent to 1M. The viability of the existing wetland adjacent to the north would suggest that the stormwater pond is not affecting the wetland or the mitigation area hydrology. 1M was proposed to be 0.35-acre in size. This mitigation area currently does not meet the wetland criteria (Figure 4). Mitigation Area 2M Mitigation area 2M is located south of 52nd Street along the northern periphery of a large wetland that forms the heart of the development. Mitigation area 2M was excavated down an additional 6-12 inches to ensure sufficient wetland hydrology and seeded with a wet meadow seed mixture (BWSR W2 or similar). 2M was proposed to be 0.39-acre is size (Figure 5). Mitigation Area 3M Mitigation area 3M is located south of 52nd Street, northwest of 51st Court, along the northeast periphery of the large central wetland. Mitigation area 3M was regraded, the Kentucky blue grass (Paa pratensis) removed, and seeded with a wet meadow seed mixture (BWSR W2 or similar). 3M was proposed to be 0.21-acre in size (Figure 6). Mitigation Area 4M Mitigation area 4M is located southwest of 51st Court along the eastern boundary of the large central wetland. Mitigation area 4M was excavated down an additional 6-12 inches to ensure sufficient wetland hydrology and seeded with a wet meadow seed mixture (BWSR W2 or similar). 4M was proposed to be O.l1-acre is size (Figure 7). Mitigation Area 5M Mitigation area 5M is located south of 51st Court along the north side of the large existing wetland. This area is adjacent to the east of an existing wetland and adjacent to the west of stormwater detention pond #4. Stormwater pond #4 is located adjacent to 5M but separated by an approximately 30-foot upland buffer. A hydrologic study of the existing wetlands association with the storffiwater pond has continued as part of the ongoing monitoring. The results indicate that the stormwater pond has little or no influence on the existing wetland or mitigation area 5M. 5M was proposed to be 0.08- acre in size. Pinnacle Engineering, lnc. Project Number MN00039.04 30f7 Replacement Plan Albert Villas Restoration Order j 1 I r I t i I l l Wetland area between 7f and Sf This area is located south of 51st Court along the north side of the existing Stormwater pond #4. This wetland area was protected from mass grading by means of a silt fence. However, currently the area does not meet the criteria for a wetland. Homebuilders or home owners may have filled this area or the hydrology may not be enough to maintain wetland vegetation. The size of this wetland area is 0.09 acre. 3.2 Phase 3, 4 and 6 3D-foot buffer area The 30-foot buffer area surrounding the wetlands and mitigation areas is not present in Phase 3, 4, and 6. Home owners have disturbed the buffer strip area up to the edge of the wetlands and mitigation areas. 4.0 REPLACEMENT PLAN Components of the replacement plan include Covenants and Restrictions for the wetland and mitigation areas on property not owned by Edina, signage monument wording, placement and locations, and restoration of the mitigation areas. 4.1 Conservation Easements Several home owners have stated that placing the deed restrictions and covenants on property not owned by Edina will lead to legal proceedings between Edina, the LGU and the individual homeowners. This process will require Edina and the City to expend a considerable amount of time, effort and money and may not result in the mitigation areas being constructed, restored, or replaced. Even after the lengthy process, it is unknown if this process would provide the legal means to meet requirements of the wetland permits. This is the reason that Option A of the restoration Order cannot be met in a timely manner. As part of Option B, Edina will pursue replacement of the contested mitigation areas by means of constructing new wetlands in the undeveloped area adjacent to Phase 6 of the Albert Villas development, as allowed in the Restoration Order. Edina will provide the covenants and easements using the Board of Water and Soil Resources form for the proposed new mitigation areas (Appendix A). 4.2 Signage Clear signage designating the areas of the wetlands and mitigation areas will be placed at the edge of the wetlands and mitigation areas on alternate lot lines. The signage will state, "This area is a protected wetland mitigation area. No mowing or disturbance Pinnacle Engineering, Inc. Project Number MN00039.04 4of7 Replacement Plan Albert Villas Restoration Order Gf5 . ? toe,,- -b'~n . j beyond this point. Please report any disturbances to the City of Albertville." The signage will be placed on 4X4 wood monuments (Appendix B). l _.? 4.3 Mitigation areas {;<(#I.I/flf.. f/( t . Mitigation Area 1M On going discussions with the property owners of lots 6 and 7 of Block 1, Phase II indicated that they will not permit restoration activities on their properties. This reduces the 0.35-acre mitigation area to 0.20 acre. The revised 1M will be scraped or excavated down an additional 12-24 inches to ensure sufficient wetland hydrology and seeded with a wet meadow seed mixture (BWSR W2 or similar). Additional wetland vegetation from the adjacent wetland should establish itself in the re-graded mitigation area. 1M will be surveyed to confirm that the excavation and size meet the specified size and depth. The remaining 0.15 acre of mitigation area will be replaced by means of constructing replacement wetlands to the east of County Ditch Number 9, east of the impacted wetland area. The mitigation will meet the 4:1 replacement wetland to unsuccessful mitigation wetland ratio required by the Restoration Order 9 (Figure 8). Mitigation Area 2M Mitigation area 2M will be surveyed to confirm that the excavation and size meet the specified size and depth. The mitigation area will also be reseeded and mulched with a wet meadow seed mixture (BWSR W2 or similar). Mitigation Area 3M Mitigation area 3M will be surveyed to confirm that the excavation and size meet the specified size and depth. The mitigation area will also be reseeded and mulched with a wet meadow seed mixture (BWSR W2 or similar). Mitigation Area 4M Mitigation area 4M will be surveyed to confirm that the excavation and size meet the specified size and depth. The mitigation area will also be reseeded and mulched with a wet meadow seed mixture (BWSR W2 or similar). Mitigation Area 5M On going discussions with the property owners of Lot 58 of Block 7, Phase II indicated that they will not permit restoration activities on the property. The entire 0.08 acre of mitigation area will be replaced by means of constructing replacement wetlands to the east of County Ditch Number 9, east of the impacted wetland area. The mitigation will meet the 4:1 replacement wetland to unsuccessful mitigation wetland ratio required by the Restoration Order. Pinnacle Engineering, Inc. Project Number MN00039.04 50f7 Replacement Plan Albert Villas Restoration Order Wetland area between 7f and Sf This wetland area of 0.09 acre will be replaced in another location. The remaining 0.15 acre of mitigation area will be replaced by means of constructing replacement wetlands to the east of County Ditch Number 9, east of the impacted wetland area. Edina proposes a 2:1 replacement wetland to impacted wetland ratio. 4.4 Wetland Construction Wetland mitigation areas totaling 0.23 acre will be replaced at a 4:1 replacement ratio, as stated in the Replacement Order. The total amount of replacement mitigation area will total 0.92 acre. The wetland replacement for the wetland area between 7f and 8f is 0.09 acre in size and will be mitigated at a 2:1 ratio. This means that 0.09 acre of new wetland credit and 0.09 acre of public value credit will be used at the replacement and mitigation areas to the east of the wetland area between 7f and 8f. The total area of constructed wetland must be greater than 1.01 acre in order to meet the requirements of the Restoration Order. In addition, there will need to be a buffer of greater than 0.09 acre around the newly constructed wetland for the 0.09 acre of public value credit needed. The replacement mitigation areas will be placed in out lots (Figure 9). The newly constructed wetland will total 1.07 acre in size. This meets the 4:1 ratio for the replacement mitigation areas of 1M and 5M and the 1:1 portion of New Wetland Credit (NWC) of the wetland area between 7f and 8f. The Public Value Credit (PVC) portion of the area between 7f and 8f will be part of the upland buffers adjacent the replacement mitigation areas. The upland buffers total 0.57 acre. Replacement Area A is 0.26 acre in size and located near Swamp Lake north of 49th Court, 7th addition. A 25-foot, upland buffer is proposed to surround this wetland mitigation area. Replacement area B is 0.63 acre in size and located between County Ditch No.9 and proposed lots along the western portion, 7th addition and south of 51st Street. A 25-foot, upland buffer is proposed between the lots and this wetland mitigation area. Replacement area C is 0.18 acre in size and is located along County Ditch No.9, a stormwater pond, and Lots 3 and 4, Block 1, 6th Addition. A 25-foot upland buffer is proposed between the lots and this wetland mitigation area. l l The newly constructed wetlands will be constructed by excavating three irregular shaped basins to four feet below the existing ground level. The excavation will gradually slope up with the side slope ratio of, at maximum, 10:1 to meet the existing elevations. The excavated area will be backfilled with approximately one foot of organic topsoil and compacted, leaving a gently undulating bottom. The replacement mitigation wetland and replacement wetland will then be seeded with an appropriate wet meadow seed mix (BWSR seed mix W2 or similar) and will be scheduled to follow the MNDOT recommended seeding maintenance procedures (MNDOT 2571). Native Pinnacle Engineering, Inc. Project Number MN00039.04 6of7 Replacement Plan Albert Villas Restoration Order I l " f l i .. cattails and rushes from the Swamp Lake may establish themselves In any type 3 wetland areas. Creation of the replacement mitigation wetlands will involve excavation using backhoes and other small equipment. Best management practices, such as silt fence, hay bales, and mulch will be in place until native ground cover establishes itself. Hydrology to the replacement mitigation wetland areas A and B will be supplied by the outlet of Swamp Lake. The current outlet is piped from Swamp Lake to County Ditch No.9. The proposed route will direct water to the replacement mitigation area, then to a stormwater pond, which will outlet into replacement area B and County Ditch No.9. Replacement Area C will receive hydrology from overland flow from the surrounding watershed and outlet to County Ditch No.9. Soils in all of the replacement mitigation areas consist of Cordova soils as reviewed in the Wright County Soil Survey. Cordova soils are less well drained, black to dark brown, sandy, clayey loam soils that are listed in the State and Federal soils list as hydric soils. 4.5 Monitoring The monitoring of the wetland replacement area will occur in accordance with parts 8420.610 and 8420.620 of WCA for up to five years to ensure the success of the created wetlands. Monitoring will include: . Visiting the mitigation area during the spring, summer, and fall of the first year. . Determining hydrology of the soils at the fixed photograph locations during each site visit. . Documenting dominant vegetation that exceeds 20% layer coverage. . Documenting the mitigation area with color photographs from fixed photograph locations. · Visiting the mitigation area during the growing season for the following years. · Preparing annual reports to the LGU describing the progress of the mitigation area and, if necessary, any changes to the mitigation plan. . Discussing success of mitigation plan with LGU. Annual reports will be presented to the LGU discussing the success of the mitigation. Monitoring procedures and reports will follow requirements stated in the WCA rules 8420.610 and 8420.620. Monitoring reports will be sent to the LGU or their representative by December 15 each year during the monitoring period. If the mitigation areas have established themselves within the five-year period, Edina may request a TEP review of the replacement mitigation areas to determine if any remaining monitoring will be required. Pinnacle Engineering, Inc. Project Number MN00039.04 70f7 Replacement Plan Albert Villas Restoration Order II .' Figure 1. Site Location Map ! I / i.;? ?; " '.~ ~~1:">'~ . 'if 1, a \'''"r- ,,! ...' ~~.'^]"~, ,} . -. \ 1 . I ~f ".. _ Pinnacle .~Ilgineering 1154195th Avenue North, Maple Grove, Mn 55369 Phone: 763-315-4501, Fax: 763-315-4507 emaiI: pinnacIe@pineng.com Figure 1. Site Location Map Albert Villas Development Albertville, Minnesota '" Figure 2. Phases 1 and 2 WErrAND MtnGA TlON AREAS NURP POND AREAS LA! OF:" ALBERT VILLAS Area to be Mitigated Area (in acres) 1m 0.35 2m 0.39 Jm 0.21 4m 0.11 5m 0.08 6m 1.05 Pond No. Area (in acres) 1 0.57 2 1.20 3 1.12 .. 0.93 5 1.26 6 l.J2 7 I.OJ TotoJ - 2.19:t Acres 7.4J:t Acres Foiled Wetland Area Area to be Mitigotttd Area (in acres) Between 7( and 8( 0.09 r----' -----, // dt-*- "\ f //~~~\ .,..... 1,/ L~~~\ >:~,.. ". ! / ri<-~~~(.;.'~~~! "c;:",;,' I, ,,~. ,.,,' f . "5.'. lI. ~y -".;.. J''r~ ::J...Ij} ,c>",".. ...... I . . ' ,., /" ,,~~ / "ft&.. ~4;..... \<..'~/<,~~~~/ ....<~~~YJ / ...... // ./ I I I / I , / I, / ~~._--,l.....<(. // / -----,- '<-. / I "'7.... ,/ I I I I I I I / II I // Total - "< j.: f; I f ~ ~ j ! ! f 1 1:1 ~~ E.G. RUD &: SONS. INC. " Figure 3. Phases 3, 4 and 6 I 1 l j ! t Figure 4. Original 1M Design ., ~=a, ~ ~ Ill" I ......... f'l ::s...... ~ ~ ~'''::S . '-'" 0 ::T ~ .... VI < > ...... ..., u; !'1 ~ ::s Q,) I ~:J "'" """" """ z c '''" ~ (}l (1) "'" ~ g~~ ~ (I) VI ~ ...... ~::T ::s CQ ~ r+ LO a r+ )> CY (D , <)>)>'1 =':CY'C) (D(D(Dc - ~a:::o ~ ~. fTI -. - :J a -f::>.. ::J(J}O (D ~. (f) o ri- a o ::J LO -. ::J a --" ~ -0 ::u fTl -0 (J)J> J>::u -tfTl o m ~ ~ ., Figure 5. Graded 2M I i. 2: 991 - "f.t-_ q. (f})' U) ~) ~.. 0}) (";<. Ltr: -, I H I 1 I i ~ m o Wf- 0::<( <((I) i 0... I W I g: i ! i Q) o o If) E N o -+-' o (f) (f) Q) LOOOC Q) _ C ~~~~ :J L- 0CQ)(l) 1.0...0- ~ :+:; <( 'S; o -r C)) Q) :+:; ...0 L <( -.J " Figure 6. Graded 3M II- i I" ~ , I : , I I i , I ! ' I ~ CD r~ I -;:. (]) o WI- 0::<( <((I) a... W 0:: a... /------.......,.. ""', ( \ !,~ ) / (I) '0 o fJ) o ...- ~...- 00 Oc (I) "" ; ~ ~ E n o -+-' o (f) ()) (f) C o 0 c W ~ '> ~ n::: <( t _ :J ())()) ,." c _ '--'0..0==, - - > LL~<(-+-'I a I..... I (J) ()) ~, -+-' :2 0,0 ".. 0 (j) .... - co .~ Q> r') Q)~3:g~ ........ Q,) (J) ~ UQ) ...; z v ".. Q> :::E I '\I c: ~ - ~ c: ..... U) ~ r') "..0, ~ ~ n .... ".. 3: <.:> lD a:1~ ~ ~ t:- ..... w <( :::E 5 d Figure 7. Graded 4M 1 1 II Ii Ii 1: i! i .1 I i I i I L_ .i; . '-+- en:' , ) f'0} " LkG ! i I ! ! ! i I -- -____-.-J >-= m o WI- 0::<( <(U') Cl. W 0:: Cl. Q) o o Ul E -.;;t o ......... o (j) "O~~ Q) _ C ~~E~ :::) L- OCQ)Q) 1.0..0= L..L .- <( > ......... ......... o L CJl Q) :.;::; ..0 L <( 1 i Figure 8. Proposed 1M I i ~ I 0) ol! (f) +J o 0 Q (f) o (J) \..... (f) c OOQoc I .;;2 +J \..... ~ o <J) <J) 0)..0= \..... - > <(<(+J \..... 0) ..0 <( ::2 c o +J o (J) I I t)) I c:: .J:: ~ .;- L:2 Q)Q) ...... ~ to 0 ...... Q) to UQ) E~il CO Q) to' Q.~:*: c::~, ~. ~ R .......... w- Q..LIJ ~ ~ :::::E Figure 9. Proposed Replacement Mitigation Areas Figure 10. Replacement Mitigation Areas Cross Sections ! I 1 i t 1 ! f I 1 I l 'TEe 1 PRIOR TO ROUGH GRADING. INSTALL SILT STOP f""[NCE iN LOCATIONS $HQ'w'N. ADDITIONAL SILT STOP FENCE .....ILL BE REQUIRED .....HERE LOCAL CONDITIONS REQUIRE INSTAlL TRE[ PROTECTJ[J\I AS DEEMED NECESSARY BY THE CITY FQRESTQR: PRIOR TO ROUGH GRADING :r. . 1.07:1" ACRES 2. ROUGH GRADING SHALl PROCEED ON AN AREA BY AREA BASIS TO MJNfMllf UNCOMPLETED AREAS. , ....,. i_ 3 AS EACH AREA OUTSIDE THE SH~([T IS GRADED, PROVIDE NA T1V[ TOPSOIL. SEED. AND MULCH ANCHORED VI TH A STRAIGHT SET DISC AS SOON AS PRACTICAL AfTER GRADING MAINTAIN AND REPAIR SILT SToP fENces <INCLUDiNG REMOVAL or ACCUMULATED SJLT> UNTIL VEGETATION IS ESTABLISHED. DA 1WI ELEV ~ ~ ~4IJ.OO PREF='A~EO ey, ~ OISTlNC CROUHO ~ "",00 0+00 0+ 75 l~-IOO' HORIZONTAL l~-'O' I/ERnCAl MIT AFeEA I s~c GROl.Jfo() .50 osm ..mc....TlO"l 00 "" '.00 1.-100' HORIZONTAL 1~-10' V[RnCAL MIT AFeEA :2 OlSTIN(; GROl..tiO '50 ...mcA'OC)N 0+00 11-00 1'0-100' HORIZONTAL '.-10' vERTICAL MIT AFeEA 2 011'''_ BY:...., A:Jl!l NO: OCll)4O-r O,,~ os-o.-05 O<CX 8"" OWO QWG NO:~1f ~r; I 0' , I J-n-tn CROSS SfCJI(WS 2 J .. ".." E.a. FeUO .f eoNe, INC. l.ANO euRYE'T'"OR& '=180 L.EXINGTON AVE. NE CIRCL.E F'INE&, MN &&014 TL. ('631,et>.1>1>1>6 FAx ('631 'et>-6cN'J' &HEET 1 OF 1 eHEET& Figure 11. Monitoring Locations f j i { I l l PROJECT,: (RUDC 3.280833]3 FOR COUNTY :COODIN 3/1 6/10 1 I I I I i_ tions EROSION CONTROL NOTES PRIOR TO ROUGH GRADING, INSTALL SILT STllI' fENCE IN LOCA HUNS SHIl''''!' ADDlTlUNAL SILT STOP fENCE "ILL BE REQUIRED IlHERE LOCAL CONDlTlONS REllUIRE. INSTALL TREE PROfECTlIJN AS DEEMED NECESSARY BY THE e!TY FIJRESTOR PRIOR TO ROUGH GRADING. 2. ROUGH GRADING ~ALL PROCEED ON AN AREA BY AREA BASIS TU MINIMIZE UNCOMPLETED AREAS. 3. AS EACH AREA OUTSIDE THE STREET IS GRADED, PROVIDE NATIVE TllI'SOIL. SEED. AND HUleN ANCHllRED IIlTH A STRAIGHT SET DISC AS SOON AS PRACTICAL AFTER GRADING. 4. MAINTAIN AND REPAIR SILT STOf=' FENCES <l~UJDING REMOVAL OF ACCUHUlATED SILD UNTIL Viii.il"~TlaN IS ESTABLISHED. WJ .... -- BY t hereby certify thot thhs. survey, pion. or report wos prepared by me or under my direct S\.Ipervfaion and that I am a duly Registered l<md Svrveyor under the loW$; of the Stot.e of Minnesota DANIEL W. 06ERMILLER Oote_ Ucense No.~ E.G. RUD & SONS, INC. Appendix A. Conservation Easement Form --------------------------- (Above Space is Reserved for Recording Information)--- Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Replacement Wetland Declarant: Edina Development, Rick Lewandowski General Location of Replacement: Sec. 11 & 2, Twp. 120N, Rge.23W, County of Wright This Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Wetland (Declaration) is made this _ day of _, _ by the undersigned Declarant: f I RECITALS A. The Declarant holds the fee title or perpetual easement on the real property described in Exhibit A, attached hereto. I i 1 l 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 1 03G.222 et seq., and all other provisions of law 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 The City Of Albertville, whose address is _ l l l F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. Ded Res and COy Page I of4 (April 2003) 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: I. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU. 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 LGU 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 LGU, the State of Minnesota, and the agents and employees of the LGU 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 LGU. 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. Ifthe 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 of 4 Ded Res and Cov (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 objects, 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 ofthe replacement site. 1 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. 1 f l 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. 10. This Declaration must be recorded and proof of recording submitted to the LGU or other regulatory authority in order to be valid. Page 3 of4 Oed Res and COy (April 2003) Signature of Declarant Signature of Declarant STATE OF MINNESOTA) ) ss. COUNTY OF ) This instrument was acknowledged before me on _ (date) by _ (name(s) of person(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: Dee! Res and COy Page 4 of 4 (April 2003) Appendix B. Monuments L Proposed Monument The proposed monuments will be constructed from 4X4 wood posts with a placard on the top. The placard will state whether the area is a mitigation area or wetland area, no disturbance beyond that point, and to call the City of Albertville is disturbed. The placard should resemble the figure below. This area is a protected wetlandftnitigation area. @ 1. f3 l Please report any disturbances to the City of Albertville. f 1 The 4X4 wood sign posts will be approximately 5 feet in length. They will be placed approximately 2 feet below the surface and 3 feet above the surface. The top will be trimmed to a 450 angle with the angled face facing the homeowner's property. The Signs will be placed on alternate lot lines at the wetland or mitigation area edge facing the homeowner's property. l I I I Appendix C Restoration Plan Seed Mix I l i t l SEEDING AND PLANTING PLAN Albert Villas Development Albertville, Minnesota The Local Governmental Unit (LGU) for the project is the City of Albertville. Edina Development is proposing construction of a three replacement mitigation basins as replacement for the unsuccessful mitigation areas and additional wetland impacts. The goal of the mitigation is to provide a high quality Type 2, 3 wetlands. The current vegetation of the existing wetlands mainly consists of invasive, exotic reed canary grass (Phalaris arundinacea) . The replacement will be accomplished through the creation of 1.07 acres of new wetland credit (NWC) and 0.57 acres of associated public value credit (PVC) comprised of upland buffers. Creation of the mitigated wetlands will involve excavation using backhoes and other small and heavy equipment. Best management practices, such as silt fence, hay bales, and mulch will be in place until native ground cover establishes itself. Site Preparation The newly constructed wetlands will be constructed by excavating three irregular shaped basins to four feet below the existing ground level. The excavation will gradually slope up with the side slope ratio of, at maximum, a 10:1 to meet the existing elevations. The excavated area will be backfilled with approximately 1 foot of organic topsoil and compacted, leaving a gently undulating bottom. The replacement mitigation wetland and replacement wetland will then be seeded with an appropriate wet meadow seed mix (BWSR seed mix W2 or similar) and will be scheduled to follow the MNDOT recommended seeding maintenance procedures (MNDOT 2571). Hydrology to the replacement mitigation wetland areas A and B will be supplied by the outlet of Swamp Lake. The proposed route will direct water to replacement mitigation area A, then to a stormwater pond, which will out let into replacement area B and then to County Ditch No.9. Replacement Area C will receive hydrology from overland flow from the surrounding watershed and outlet to County Ditch No.9. If any vegetation is noticed within the mitigation areas, it should receive backpack-sprayed herbicide treatment with an aquatically labeled glyphosate (Rodeo™ or equivalent) in order to control the invasive species. Seeding Plan Appropriate seed mixtures for the proposed Type 2 wetlands are listed in the Guidelines For Restoring & Managing Native Wetland Vegetation by MNDOT and BWSR (Guidelines). The applicant, by using the seeding and planting methods as recommended in the Guidelines and maintenance methods described below, is committed to assuring the success of a high quality Type 2 - PEMB, wet meadow. Below are excerpts from the Guidelines pertaining to the seeding of a type 2 4 wetland and the associated upland buffer. Wetland T e Shallow marshes (Type 3), deep marshes (Type 4). open water wetlands (Type 5) Mixture s Wi, W2 or W3, appropriate upland mix (U1-U7). Seed mixes are used in emergent, saturated, moist and upland zones. Plantin Notes Draw down water, plant W1 in emergent zone where water is expected to be 0" to 6" deep (to edge). Plant W2 or W3 in saturated to moist soil zone. Plant upland mix where soils expected to be dry. Once vegetation is established, water can be brought back up. Alternative is to plant Wi at edge of water in a strip 5-10 feet wide. Then plant W2 or W3 in the rest of the saturated soil zone. Wi species will establish and spread into the water & W2IW3 s ecies will s read to water's ed e. Plant W2 in saturated to moist soil zone. Plant upland mix where soils are ex ected to be d Plant W3 in saturated to moist soil zone. Plant upland mix where soils are ex ected to be d . Plant wetland seed mixture in saturated to moist soil zone. Plant upland mix where soils are expected to be d . After site is prepared with peat, plant seed mixture in saturated to moist soil zone. Plant upland mix where soils are ex ected to be d . R1 is planted on the stream banks and in the associated floodplain zone where soils are saturated to moist. Plant u land mix where soils are ex ected to be d . R1 is planted along the lower streambank and in floodplain areas. The upland mix is planted going up the slo es. Flood plain (Type 1), sedge meadow & wet meadow T e2 Wet prairie (Type 2) W2 & appropriate upland mix (U1-U7) Shrub swamps (Type 6) & wooded swamps (Type 7) Bog (Type 8) Riparian-stream with shallow banks andassociated floodplains. Riparian-streams with long and/or steep banks. R1 & appropriate upland mix (U1-U7). Notes On Where & How To Use Seed Mixes: Wi - Contains all OBl species, which grow in the emergent aquatic (shallow marsh) zone. It can be used state-wide. This zone can also be planted with live plants and/or pre-vegetated mats (PVM). The W1 mix was developed for use on projects that are too large for planting of live plants to be economically feasible. W2 - Contains sedge meadow & wet meadow species which grow in the saturated & moist soil (sedgelwet meadow) zone. It can be used state-wide W3 - Contains wet prairie species which grow in the saturated & moist soil (sedgelwet meadow) zone of prairie pot-holes. It is for use in the prairie grassland area of the state. W4 - Is for swales and wet ditches. W5 - For same areas as W2. Mix was developed for BWSR cost share projects. It contains fewer species and is cheaper. W6 - For same areas as W3. Mix was developed for BWSR cost share projects. It contains fewer species and is cheaper. Ri - For streambank and floodplain restorations. See notes in mix tabulations. Ui-U6 - Prairie mixes. See notes in seed mix tabulations for where to use them. U7 - Contains woodland edge/savanna species. For use in forested regions of the state. U8 - Contains mesic prairie species. Mix was developed for BWSR cost share projects. It contains fewer species and is cheaper. U9 - Contains dry prairie species. Mix was developed for BWSR cost share projects It contains fewer species and is cheaper. Ui0 - BWSR cost share mix. For use on berms. U1i - BWSR cost share mix. For use in grassed swales. Construction of the mitigation basins at elevations of the existing wetlands and the surficial runoff from the storm water treatment systems should adequately hydrate the soils. The area may need to be dewatered while construction activities are being conducted. The area will then be seeded with a W2 seed mixture, as suggested in the Guidelines. The seed mixture will be broadcast spread or have pre-vegetated mats placed in wet areas, the combination covering the entire area. The area will then be mulched using the type and method for mulching as recommended in the MnjDOT Seeding Manual 2000. Below is the recommended seed mixture for the proposed Type 2, wet meadow replacement wetland. i ixture W2 (Native SedaelWet ea ow) Common Name Botanical Name Indicator Status % of Mix Slouah arass, American Beckmannmsvziaachne OBL 25.0 Brame, frinaed Bromus ciliata FACW 5.0 Blue-ioint arass Calamaarostis canadensis OBL 1.0 Wild-rye, Virginia Elvmus virainicus FACW- 25.0 Manna grass, reed Glvceria arandis OBL 1.0 Manna grass, fowl Glyceria striata OBL 1.0 Blueqrass, fowl Poa oalustris FACW+ 25.0 Sedae, bottle brush Carex comosa OBL 1.0 Sedae, tussock Carex stricta OBL 0.5 Sedge, fox Carex vuloinoidea OBL 2.0 Rush, slender Juncus tenuis FAC 0.3 Bulrush, areen Scirous atrovirens OBL 10 Wool arass Scirous cvoerinus OBL 0.1 Bulrush, river Scirous fluviatilis OBL 0.4 Bulrush, soft-stem Scirous validus OBL 1.6 Anemone, Canada Anemone canadensis FACW 0.6 Milkweed, marsh Ascleoias incamata OBL 1.0 Aster, swamp Aster ouniceus OBL 0.2 Aster, flat-topped Aster umbel/atus FACW 0.4 Joe-pve weed Euoatorium maculatum OBL 0.2 Boneset Euoatorium oerfofiatum FACW+ 0.2 Goldenrod, qrass-Ieaved Euthamia qraminifolia FACW- 0.1 Sneezeweed Helenium autumnale FACW+ 0.2 Sunflower, serrated Helianthus arasseselTatus FACW- 0.4 Iris, blue-f1aa Iris versicolor OBL 4.6 Blazinastar, meadow Uatris liaulistvlis FACU+ 0.6 lobelia, areat-blue Lobelia siohilitica FACW+ 0.2 Monkev flower Mimulus rinaens OBL 0.1 Mint, mountain Pvcnanthemum virainianum FACW+ 0.2 Goldenrod, giant Solidaao aiaantea FACW 0.2 Vervain, blue Verbena hastata FACW+ 0.4 Ironweed Veronia fasciculata FACW 0.4 Culver's root Veronica strum virainicum FAC 0.1 Total: 100.0 Rate: 8.0 PlS Ibs/acre M M d f" 1 1 i i I The upland buffer areas will be seeded with a U7 seed mixture, as suggested in the Guidelines. The seed mixture will be broadcast spread over the entire area. The area will then be mulched using the type and method for mulching as recommended in the MnjDOT Seeding Manual 2000. Below is the recommended seed mixture for the upland buffer. Mixture U7 (Native Savanna & Woodlan IQe) Common Name Botanical Name % of Mix Bluestem, big Andropogon gerardi 8.0 Oats or winter wheat- Avena sativa or Triticum aestivum 38.0 Wood chess, hairy Bromus purgans 10.0 Wild-rve, Canada Elvmus canadensis 6.0 Bottle-brush grass Elvmus hvstrix 4.0 Wheat-grass, slender Elvmus trachycaulus 10.0 Wild-rye, Virginia E1ymus virginicus 10.0 Rye-grass, annual Lolium italicum 10.0 Switch Qrass Panicum viraatum 1.0 Hyssop, fragrant-giant Aaastache (oeniculum 0.2 Aster, smooth-blue Aster laevis 0.1 Aster, large-leaved Aster macrophyllus 0.1 Milkvetch, Canada Astraaalus canadensis 0.4 Tic-trefoil, showy Desmodium canadense 0.4 Sunflower, early HelioPsis helianthoides 0.4 BerQamot, wild Monarda fistulosa 0.1 Black-eyed Susan's Rudbeckia hirta 0.2 GOlden-glow, wild Rudbeckia laciniata 0.2 Aster, upland-white Solidaaopfunnko~es 0.1 Goldenrod, stiff Solidago rigida 0.2 Vervain, blue Verbena hastata 0.1 American vetch Vicia americana 0.1 Alexander's, heart-leaved Zizia aptera 0.2 Alexander's, golden Zizia aurea 0.2 Total: 100.0 Rate: 15.0 PlS Ibs/acre d Ed *Note: Oats are used in spring plantings and winter wheat in fall plantings 1 Wetland and Upland Maintenance Plan and Performance Standards The wetland and upland buffer created for mitigation will require regular management to become established and dominated by native and noninvasive vegetation as required by the Wetland Conservation Act. This is critical in the first three to five years and should be recognized as integral to the wetland mitigation success. Management will include both eliminating non-native and invasive vegetation along with creating ideal conditions for native plants to flourish. Some invasive plants are strong competitors and without management, could hamper establishment of the native planting. Invasive wetland species such as purple loosestrife, reed canary grass, and cattail exist in many urban wetlands, and may contribute seed to the restored area. Invasive species such as common buckthorn, yellow and white sweet clover, spotted knap-weed, and Canada thistle are of concern in upland areas. Non-native plant removal/management and careful monitoring is vital during the early stages of the restoration. As native plants slowly grow and spread over the years, and as thatch builds, the site will become less vulnerable to non-native and invasive species. Without non-native and invasive plant removal/management it is highly unlikely that a diverse native plant community will become established. Methods for InvasivefNon-native Species Control 1) Mowing During the first two years of plant establishment mowing at a height of 6 to 10 inches where feasible, during the growing season, will reduce competition from annual weeds. Mowing allows light to reach the small native seedlings and reduces competition from weeds for water and soil nutrients. r I l 2) Spot application of herbicide Individual invasive plants (including cattail) can be eradicated through wick application or spraying of herbicide. Rodeo or other Minnesota Department of Natural Resources herbicides approved for use near / in water bodies should be applied by a licensed applicator at the appropriate times to control individual plants. l 3) Eradicate large infestations with herbicide The most effective method of eradicating large colonies of plants is to wick-apply or spray them with herbicide. Use Rodeo when spray may come in contact with water and Roundup in upland situations. Repeated application will probably be necessary. Apply to green, actively growing foliage. Herbicides can effectively control herbaceous non-native vegetation when applied in spring or fall. Take great care not to apply herbicide to surrounding native plants. A very small amount of herbicide can kill a plant. 4) Cut woody stems and apply herbicide to wound All undesirable woody plants, greater than 1/4-inch in diameter, which cannot be hand-pulled should be cut down to expose the vascular tissue, or cambium. Herbicide painted on the cambium will be transported within the plant, eventually killing it. Cut the woody plant at a height that ensures the native herbaceous plants will not have contact with the stump and herbicide. This procedure should not be conducted while woody plants are dormant. Vegetation Maintenance Schedule ~ ! 1) Year 1 After planting, annual weeds should be mowed (before seed set) to a height of six to ten inches or removed as needed. The site will likely require one to two mowings. Spot herbicide application, or hand removal, of aggressive weeds such as reed canary grass and thistle should also occur when the management crew is at the site to mow. Also, at the beginning of the maintenance period any undesirable shrubs in the mitigation areas should be sprayed with an appropriate herbicide. July (middle) - Mow wetland (where feasible) at a height of six to ten inches. Spot spray aggressive invasive and non-native species. September (early)- Mow wetland at a height of six to ten inches, spot spray invasive species. Buckthorn is best treated with herbicide in the fall when the plants are storing energy. Buckthorns lose their leaves later in the season than native woody plants, which allows for easier buckthorn identification and herbicide treatment in late September through early November. t l 2) Year 2 Conduct an initial site visit in May to evaluate status of restoration and determine management tasks for the year. These will likely include: Spring - Conduct burn approximately every third year starting the second or third year. May - Spot spray invasive species. Mow wetland at a height of six to ten inches (mowing may not be needed or may not be possible depending on wetness and condition). Re-seed areas that do not meet the performance standards. July - Mow prairie at a height of six to ten inches, spot spray invasive species. September - Spot spray invasive species. f 1 3) Year 3 Conduct an initial site visit in May with to evaluate status of restoration and determine management tasks for the year. These will likely include: { May - Spot spray invasive species. Re-seed areas that do not meet the performance standards stated below. JuneIJuly - Spot spray invasive species. September - Spot spray invasive species. 4) Year 4 and beyond Inspect wetland annually to assess its condition. Conduct spring or fall burn in year 5 and then approximately every third year thereafter (fall burns tend to increase forb diversity while spring burns tend to increase grass density). May-September - Apply herbicide to invasive species that are not controlled by burning. This should be required only once per year. Performance Standards of Wetland (NWC) and Upland (PVC) Establishment 1) Year 1 This paragraph applies to the first full growing season after wetland and upland buffer establishment. Seedlings of at least 4 native species shall be widely dispersed through the wetland and upland buffer areas. No areas of bare soil larger than 9 square feet shall exist. There shall be no more than 20% total coverage of exotic, non-native, or invasive vegetation (such as cattail) within the wetland area. The upland buffer area shall have greater than 50% total areal coverage dominated by the cover crop and native vegetation. 2) Year 2 This refers to the second full growing season after wetland and upland establishment. The wetland and upland buffer shall have at least 30% of all species contained in the specified seed mixes present within each area. No areas of bare soil larger than 4 square feet shall exist. There shall be no more than 20% total areal coverage of exotic, non-native or invasive vegetation within the wetlanmd area. The upland buffer area shall have greater than 70% total areal coverage by the cover crop and/or native vegetation. 3) Years 3-5 This section refers to years 3 through 5 after wetland and upland establishment and should be applied as long-term standards. The wetland and upland buffer areas shall have a minimum of 80% total areal coverage of native vegetation. The wetland and upland buffer areas shall contain 50% of all species contained in the specified seed mixes. The wetland and upland buffer areas shall have no bare patches of soil. There shall be no more than 20% total areal coverage of exotic, non-native, or invasive vegetation within the wetland and upland buffer areas. I l [ Excerpt from the Mn/DOT Seeding Manual 2000, Cover/nurse Crops - Cover crops provide a quick short-term vegetative cover while the permanent native species are establishing. A cover crop reduces the soils erosion potential and moderates the native seedlings microclimate during establishment. Typical cover crops in Mn/DOT's native mixes include oats/winter wheat, annual rye grass and slender wheatgrass. Winter wheat is substituted for oats during fall plantings. The annual rye grass provides good cover in early spring but does not do well in late spring and summer. It also does well dormant seeded. ReGreen (a hybrid cross between slender wheat grass and winter wheat) listed in the 2000 Specification B-series mixtures is used instead of oats/winter wheat for temporary cover (ReGreen will persist for up to three years). Native species seeded in the fall perform very well, but it is critical that winter wheat (or ReGreen) and annual rye grass be used as specified in the mixes to ensure adequate vegetation establishment on erodible sites. One drawback Mn/DOT has observed to ReGreen that is that it does not perform very well in saturated soils, shaded areas, or when it is interseeded into dead sod. NOTE: The new native seed mixtures (310 - 350) have a much higher cover crop rate as compared to the 2000 B- series mixtures. When comparing seeding rates, note that 85% of the new mixture rates as compared to approximately 50% of the 2000 B-series mixtures are comprised of cover crop species. Cover crop species are inexpensive. Temporary Erosion Control- It is recommended to protect a new seeding by covering it with mulch or an erosion control blanket. In general, slopes that are 1:3 (vertical : horizontal) and flatter should be mulched with a clean grain straw or native grass mulch and disc anchored following seeding. Mulching should attempt to achieve 90% coverage of the exposed soil surface. This generally requires about 2 tons per acre of straw mulch. It is also recommended to use a high quality weed free mulch such as MCIA Certified Weed Free mulch (see below for specification) or a native grass (prairie) mulch. On slopes that are steeper than 1:3 it is recommended that the seeding be covered with an erosion control blanket. Generally, straw blankets containing double netting (Straw 25) perform best with native plantings. I If seeding is being done in a ditch or swale that will receive moderate water flows for periods t of time, it is recommended that a straw/coconut blanket be used to cover it. Other more severe situations such as very steep slopes and/ or channels exposed to high water velocities will require more specialized treatments that are not covered in this manual. NOTE: Mulches derived from pasture hay containing reed canary grass, smooth brome and other introduced forage species may contain enough seed of those species to ruin your native grass and forb planting. They are not recommended for use with native plantings. Generic Specification Example: Mn/DOT Type 3 (MCIA Certified Weed Free Mulch) - This mulch shall consist of clean grain straw and be certified by the Minnesota Crop Improvement Association (MCIA) to be free of noxious weed seeds, seed bearing stalks, and/ or other reproductive propagules as defined by rules and regulations of the Minnesota , , Department of Agriculture. Documentation verifying that the mulch has passed MCIA field inspection shall accompany the material upon delivery to the job site. At the time of delivery, the mulch shall be in an air dried condition. Fertilizer - It is always recommended to take soil tests to determine the existing soil fertility in order to chose an appropriate fertilizer based on the soil deficiencies. It is also recommended to chose a slow release fertilizer with 80% Water Insoluble Nitrogen (WIN) and 0% chlorides. If you are going to use a generic fertilizer it is recommended to use a 10-10-20 NPK analysis fertilizer (see below for specification. A general rule of thumb is that native grasses and forbs require about 50% less Nitrogen and 25% more Potassium than turf and forage species. Generic Specification Example: Fertilizer (Type Slow Release) - The fertilizer used for this project shall be a commercial grade of slow release complete fertilizer applied at a rate of 400 lbs/ acre at the time of preparing the seed bed for seeding. The fertilizer shall contain a 10-10-20 (NPK) analysis, consisting of 80% Water Insoluble Nitrogen, 0% Chlorides, and should include sulfur and iron as well (not less than 1 % and not more than 8% added sulfur and iron). .. ' i ! l i ! t t . , ~ t t t I , l , , ~ ~ ~ ~ ~ ~ , , ~ i(t C (Above Space is Reserved for Recording Information) Minnesota \Vetland Conservation Act Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Replacement Wetland Declarant: Edina Development Corporation General Location of Replacement: Sec. II & 2, Twp. I20N, Rge.23W, County of Wright This Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Wetland (DeclaratIOn) is made this _ day of _, _ by the undersigned Declarant: RECIT ALS 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 8420.0 II 0, subp. 40. Exhibit B, attached hereto, is a map or survey of the subject Replacement Wetland. C. The Declarant is seeking approval of (J) 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 I 03G.222 ~, and all other provisions of law that apply to wetlands, except that the exemptions In Minnesota Statutes section I 03G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0 II S. E. The Local Government Unit (LGU) charged with approval of the Replacement Plan is The City Of Albertville, whose address is_ F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. Page lof4 23760 Deel Res and Cov.doe (April 2003) I I t: I I 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: I. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU. 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 LGU 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 LGU, the State of Minnesota, and the agents and employees of the LGU 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 y.;ho may have an mterest In the land on whIch the Replacement Wetland is or will be located to the creatIon of the restrictlOns 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 fihng to the LGU. If this DeclaratIOn is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceedmg \ovith construction of the Replacement Wetland. 6. Acknowledge tbat 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 LGU 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 of 4 (April 2003) 23760 Oecl Res and Covdoc ~. ~ f I ~ I , , ~ (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 objects, 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, includmg, 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. lfthe Replacement Wetland has been used to mItIgate wetland losses LInder 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/and contained in the legal description above, if it is determll1ed 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 Mll1nesota. 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 Amenca in a court of competent jurisdiction. 10. This Declaration must be recorded and proof of recording submitted to the LGU or other regulatory authority in order to be valid. Page 3 0 f 4 23760 Deel Res and Coy.doc (April 2003) Signature of Declarant Signature of Declarant STATE OF MINNESOTA) ) ss. COUNTY OF _ ) This instrument was acknowledged before me on _ (date) by _ (name(s) ofperson(s). ~ "tI "tI m :z o >< o (Signature of Not anal Officer) (Title) My commission expires: _ Attachments: [ [ ] Attachment A (legal description) ] Attachment B (map or survey of Replacement WetJand) )> "tI "tI m :z o >< m ThIS instrument drafted by: (April 2003) 23760 Deel Res and Covdoe Page 40f4 ) ~ Project: ~~ Subject: SEH Date: Checked by: cZ~l~;t D Sheet No: J^. . · r- l rvl7\~ O~~ ~~ &,-/(" !?"J -.-------......, /3t.cK> ("(: 5 l \ I. f 't (" ~ I J ((:)('-1 s- 'ot:; ~ 7 [I:) r:- ;2 f) t"illv.... ~ (tJ '= ~. 5>) V ~ <..t-" "} " flJ .t.i:. A {Pc. > { (,,{ ?-1 [ Q 't- ;to Cot (~ 4(~\.lt U/{r.J'i ~ ?;,f,.cl< 'J.... r I:) 1:: 7 rot- '6 [,{ 1-;.. { bt:-- ?- 1 _By: SEH #: Date: Office: File #: Of: (Jt'./, (I'~J