2005-03-23 Response to Restoration Order
f~(/t
AI ..
RESPONSE TO RESTORATION
ORDER
f
I
I
i
FOR:
f
f
ALBERT VILLAS DEVELOPMENT
JASON AVENUE
ALBERTVILLE, MN 55301
1
PREPARED FOR:
{
t
l
SHORT ELLIOT HENDRICKSON, INC.
3535 VADNAIS CENTER DRIVE
ST. PAUL, MN 55110
PREPARED BY:
PINNACLE ENGINEERING, INC.
1154195TH AVENUE N
MINNEAPOLIS, MINNESOTA 55369
(763) 315-4501
MN00039.04
MARCH 23RD, 2005
I
t
f
l
[
l
I
[
l
l
[
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:
0> mitigation areas 1m through 5m (Figure 2) do not meet the requirements of
the approved replacement plan.
0> 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 Bf (Figure
3).
The Restoration Order identified the following concerns for Phases 3, 4, and 6:
· A 3D-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
.. .
r
I
I
1
i
i
t
[
[
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
l
I
I
i
{
~ .
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 storm water detention pond #2. Stormwater
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 (Faa 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 3D-foot upland buffer. A hydrologic study of
the existing wetlands association with the stormwater 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, Inc.
Project Number MNOO039.04
3of7
Replacement Plan
Albert Villas Restoration Order
f
i
f
I
I
1
[
1
l
[
(
L
t
oJ
.
WetIand 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
" .
l
l
[
l
!
!
L
Gf5
. ?
toe",- &<>n .
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 {)((lIJh(. n( (. .
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 MNOO039.04
50f7
Replacement Plan
Albert Villas Restoration Order
[
[
f
I
[
l
L
J'
.
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.
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 MNOOO39.04
6of7
Replacement Plan
Albert Villas Restoration Order
f
,
l
r
1
l
[
{
[
~
t'
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
7of7
Replacement Plan
Albert Villas Restoration Order
,( p-
Figure 1.
Site Location Map
I'
.'
'-:~tj '.....
. I
<,.j J
. .r,
. ',1 .
,I..
'-f~~, ~.~\.,
',.) .
/ijI./.
i'l' .
t.... .
"<~~};;(> '.-
or
Figure 1.
Site Location Map
Albert Villas Deyelop111ent
Albertville, Minn.esota
Figure 2.
Phases 1 and 2
lVi! I! \. !!\-!
OF:" ALBERT VILLAS
----------. -----wtTtAND MtnGAfii5N AREAS
Area to be Mitigoted Area (in ocres)
1m 0.35
2m 0.39
3m 0.21
4m 0.11
5m 0.08
6m 1.05
TotoJ c 219:t Acres
NURP POND AREAS
Pond No. Area (in ocr....)
1 0.57
2 1.20
3 1.12
., 0.93
5 1.26
6 1.32
7 1.03
7.4.3:t Acres
Foiled Wetland Area
Area to be Mitigated Area (in acres)
Bet......n 7f ond 8f 0.09
I
f
I
;.<,";:;.<
I
I
i
!
i
i
~.~
E.G. ROO &: SONS. INC.
.'
Figure 3.
Phases 3, 4 and 6
i
t
a
1
z
o
f---
o
o
<1=
-"--
~>
",/
f----
CL
W
CD
_J
<C
'-l-
'i~ ()
z
<(
--.J
U.
z
()
f---
<(
C)
If---
I~
1cZ)
\
, 1---"
<(
--.J
D-
I
1>-
iCL
<(
Z
>
_J
W
CL
U.
-
;
/.
~
. ,,~ ,-~ >-
U
3- I z
'lI
C>-
"2 (f)
~3
!I I z
I 0
"lli'" (f)
., S""~ l~
,- l!!~~ ~
i @ill!> ~
ie' ~-I!! g 0
3 ' ~gt4 ~ ::>
4' ~~~ 0:::
3
~ 'h~:
~"':5 <..?
~~".
~i'il:r W
ii~
~~~ i
~n
"",~ 'E
"
tJ .~.
3 .
'" 8
.;; 1
,Y
] ,~ (j ~.
1i
.tE..~ ~
J
~ ~;;6
!Ji -,;- ~ <,
~!~ i ii
i! ~l:5:~ %: " g.
~, $ " ~
~~:1 "0 . i;
~
"" M > ,
W 2 D. P
';;;-Gt"l; :2
~ l t}~~;;:; 7 ..
t ~ T
g..-f;Ji (i; ,
., at~~* z "
M (t, ~, -%
il ::;;'illio f1. ~
f~&" ~ i ~ ..
~ ~ '"
o5"'~ " Q "
! - ~tv ~ ~ t ~
'" "'~$ - ;:~ c>
f>! ,~ .~ N
~ r.r ~~~ N
;i N
N
.-. ~.~
:Rg
'"
9
~
ino
~~
~i1h~
~~~
g ~~llt
" , !I;
s -'-I
d I ;;tOO;
~~!;1
F,i-~~
"'j!i""'
~~~
!; ';'l\i
;:-t:J'if.
i$!'"
~U ~,
.'~I .~
~~ :,';:"
'"
"
g
~'i
~ !-. . ..<...._,..~~T'u--'N.r"'~--;p----:----l
b j ~ t ,a; .it~..y /)" lJi I
~ i " ~"---::j;: -- :tL:s'~~--i
~d ~.. ~:~ -~~$' :
("iil "",,1 '. I
~ !---:---t~--~"~- ' - 'S~---\
~, ...._ , '. ..f, , ,
.- , ~ ~/~-L-t- ...1
:.: ~~ t lOJ"':: 1
4'll l,! 1
~ }_~. ,~___.._'N""_____'" .. ....t ..J
~i \1/ .<~, :
~ . d._h,:',';-.c. '. ____,__..J,
r'~--""
2
."-
&:
':~ (;;
=.:.:.'~.'~'
"': t
",. " 15
U ~~ i~ .~ ",
. ~tII 5\:1 ~"'!Fnffi
~_< ...J_ i-rVl it
$"e.iiO:~~ g~~"';:. 1'.
'i!I!"i4!ii!~ ".e'Ii\;'Lu
~~ s~% tJ\
5$ "
r.:: (';'.;r.:
U
"Q
~g
;:; if
^,
\:\ \ l. \ W~I
~I'" ",J~.:fl =:'S-
I
( (~ <:':
I L~l_cc'.A
l . '-h+- - "-jh
. ! r 2
"
~
o:t
,~
/
/
/
/
/
//
/
/
/
~/
j..' .'~
,r
"
/
"
/
,/
"
/
,,,.-
\
I
I
\
\
'.
"
"
\-
/
/1'
"
,
.^
"
"
'.
).,
,,~ "".
-,".\
f\
" \
\ \.
'" '
\'
,
t..
-<
1
,
.-' - ~-.\
-'~'---_.'---~i
!
!-.
,
1
L
?... ..,
I
I
w
~.
""
o
{J}
~
~~
)J!': ,~'
;:' ~
.,
I
u
2
~ ~,..
~ 0..
......H...____.~.~
""1)--..
.~__~.~+._._,*''lli
....--,......_=~._..... - -- -. _.~.- -- -~.._- - ---- -- --- .... ..- ~
-
-.-......
iliiiiilllliii
-
-
...
-
-
:-
-
-
-
-
-
-
-
-
-
,
"~~
/~-~~
-- "\;:~~'
"
/ "
/ ",
/ "'.
"'" I' "-
"
:( ,(-
)
~ <f
L -- ,
LL
-
(,)
r: :t ~
0 ~
:( en i~
~
'7 Po. ~1
;;j
t:J
,.
~~/
'7
)
J
J
:(
c
t
f)
:(
~
.J
>
c
u
o
~
:(
j
'7
:(
-.J
\
L
;7
)
:(
~
>
(3
>
-.J
LJ "
1:
)--
~' -"''',
It /"'
/ /
I I
I 1
I 1
/ 1
I f.......
I I
1 /
Ij/~
1
/ /,--
IffI' / ."-' <
J ';,......
I
/
4~"
....~~
.....~~:--.. I
"~...... I
~,.;,~
....-.; tf-
" '"~4,
) ...."
/ ",
I '
"
"I'-,
I .... I
,I ....7~.~
1 /-
I /
/
/
In""")
'J
, 1
-',(
'...... !
,..,(
-./...-""-.....
!
/
I,
,
,
'.....
"
...
... .
v
,
1
1
, /
(7;1
1
(f
'/"'
,
.......J
/ l..,:...
/
/
i
I
,
/
/
I
I
I
..j
,
\
i
r -:---~._..-
" I
" /
/' ----\
1 \
/ \
I_~;
\
",
"
.....
"
............ I
....'y/
I
)
/
"-,)
)
/
/
,
;'
"
"
/
/
/
/
/
/
/
,
/
/
/
"
",,/
"
"
.,.
j .!;
~
C
~ '0.
.5
b ..
;i <;
"
.,
r .Ii
" 'IIi Q.
~15 '"
-"
H "
..
1l .t::;s ~
- 1 111 Ii
" i ;;
Ii ~ 'E il "
"
~ . Ii
.., j
.., 2 2 II"
i" " .., -g "
.. g
~ ~ ~ Ii ~'" ~
i '" o.
Q.Q. I- N~ '"
.. ~ li ~ ,~~ "
.. .. .. .
c; -0 '0 t '0 Q.o <>
!~ Ii Ii \;- Iii
z; 0 0 01: '"
l<J
<:> ~ I
w ~
...i I
/--?:.
J
-
"
"~- "\
r--\
\ \
\ \
N \.- \
\, ~
qp~\fo1o.... ~ "\
61 \
'1:> f'.. \ \
0Cl I O\-_
fi-' I --\ 4-
\ :' --,. ...1- - - 0 \
.~"' ---~\
If)~2!'') I I
).-~';,3 ---1 I
--c~ I I
n<t ................1' /
1::, )! - J'S-. I /
'0' _ _ 'S-' ~""- ~ I
'" ...-, I") 'I !,7 f <- ,
~ """""'3 ,~:-:; ~ L-
~F3l-=~ '. .-_)<''17;''':I.f I
\11' 21 U) ~ I
I I
li?1 II
'f-" z....
~ -( IY. %fE, ........ .........
" '4t, "'" I
- -"."v'l '-.. I
L.,',', 1-.... O'fy.fJt '-.. I
I'f)",t ^ >
:; "-
,/) N '>V
,<,,/ I' "'-
I~j- I .- I
I I
I I
i~0 I
I /
/
/
-"I
---------------
I
I
_I-
I
I
I
I
I
I
...."J.
I
/
I
..Y...y
/Y;>
,
!
...,.......
! -
/
/
1
I
/
----j'..-.
I
I
!
/1
" I
/ !
I
I,
I
}--
'j
'"
y
,
,
\
\..
\
\
,
, 1
I,
/
/
/
/
/
,/
/
/
/
/
/'
/
i
, I
,'-, -,
~
, ~ h r
l: ti ~~ w ~ ~~ c ~ ">
,~ .... "f fJ. ~
.....~ '" ~ '" <::1 .;; C ci
"ii
;; 2 "'
,,<,
'. ci ":1 ~' <..::)
~'."l- " ::
.;y;
;~l ~ ~ "
:- :i ~ '~. ~~
'~ .~; ,g
,;0 ., ~
~ ..< ,,' .~ E
....., ,
~
.., ~
~
.<"1:
-
-
-
-
-
-
-
-
-
-
-
-
" -.,-;
,"-"-",
'- ""
---'" ..
u
z
... ld
C.f) 2;
Z (
o LJ1'
:>(.{
C.f) ~,(
- ~2~
.">J 0:: Z
~ CYo
>", \:, (;
~ ~~ ~i
a:;-;::u
,~; ....J L
0q~~~)<
w ~,~f
:'~i
G7
~(
~!
,:~ .
l!l
!II
lD~
It
B!i
lli.~
~;:!;i
~1,t;.
~i~
~ ;Ii
~ iii
f5 m~11
o ~
-
~
Figure 4.
Original 1M Design
..
i
~
J
i
II
L
L
.1
f
!
:s::~
J
i ~
i
r+
I to
)> 0
I 0- r+
(I) 0
, ::J
f ~)>)>'l
t ==0-'0
(I) (I) (l)C
i - ., 0
r+ ;0
~ $. I rrJ
::J 0
[ ::J(I)O-J:::..
(I) ,
(f) to
0
r+ ::J
0 0
~
~
fI)
o
o
ii'
, ,
\ \
\ \
\ '\
\ ,
\ '
, \
\ \
\ \
\ \
\ ,
\ \
\ \
\ \
\ \
\ \
\ \
\ \
\ \
\ '
\\
\ \
\ \
\ \
--, \'L
,,-l. .-
\\
\ \
\ \
\\
\\
\ \
\ \
\ \
\ \
\ \
\ \
\\ I
\\ j
, I,
\ /A,!
\\, /J/I",,",
~", / /
"<>, - - -- _.~,~/ , -' /
"~.'4_.__#~--- . /j!
,,/" .",' ,'f ///~,. ,_'
///
1/'
I'!
/1
I ,_ -
; / /'
1/
/1
II
1/
II
;1/
1/
1/
/
W
c0'
I.
r
I
g
I
"
Figure 5.
Graded 2M
\.
.k
I
!
!
I
I
I
II
i
l
, i
I!
f I i
! II
[ I!
j I
i il
I I'
i I
I I
I
, I
i J
! '
,!
I
!
J
rl
I
!
I
I
I
).:.
m
o
WI-
0::<(
<((/) 0 0
0.. W N CD-+J
W I- _-+J
0:: <(I"') 00
0.. 0 <XC:
E
N
o
-f-'
o
(f)
(f) Q)
LDOOC
Q) _ C
~~~~
:J L-
OCQ)Q)
LL 0.0 .-
:.;:i<(>
o t
CJ) Q)
:.;:i .0
:2 <(
Q)o
.C ~m
Iht:~~
'U _!.O
Q(I)~!.OO
... .(1).. U; z ~
'\I ,... Q) ~ I
,... ............. ..l:; .!.O
.... (I)~r;:;
,... tJ) >, 0 .......
.~ ,...... 0 0::: I")
=- ...... ~ Cl CO
El. .a. -g !j t:.
d;;
~
o
o
l/)
I.
..
Figure 6.
Graded 3M
r
,
i
i
f
I
I
"
"
""-.. r\
I "'-i 1
, I
J ,
I /
.~
I
i
I
i
I
i
I
[
o 2
.. '" ..
l=! ~.....
<(I') go
o (/)c
~
CfJ
~
10
o
q)
15
o
III
/'" ('.......~
r ' \
\ \ J
\."- "'-.. ./'
--...-----
""
~
~
E
1'0
o
.........
o
UJ
Q)
tDO~~
W ~ .- ~
lX<(~
:::> ~ ~
C)CQ)Q)
-0..0:=
LL .- <( >
......... .........
o L
(J) Q)
..0
<(
.........
2
I.
f
I
,I
Figure 7.
Graded 4M
\.
,I
----,-----y- " )
\~__\J_-J
i
4-
,,'
\
n
CD
f
I
---"
,r / \
: f )
\ :, )
\".,..-\-.,....,-
/
cxr
/
/
I
I ~
... (- T~)
i;. I
\. \.. j
........---~-
!
E
~
"
o
+J
o
(f)
Q)
(f) C
('-. 0 0 .c
w ~ .S: L
0:::: <C -r ~
:::J Q)Q)
c -
00..0;=
LL .- <C ~
+J !.....
o Q)
(J) ..0
+J <c
L
UJ
I
L
~~$
..~ Q) I')
lL-....tO
Ih....... ":S to .-
~Q)v> 2
,., '''.., - z v
.~ ,.., 4):2 I
se..5 ~ ~ ~
..... PlIk 0 ,-..
C:'ttJI f ~ ~
III~ c::: "0 W '-"
~.l.LI' .'. 0 .oJ
en..
..~~
o
....,
CD....,
00
Oc;
(f)
I.
t
"
Figure 8.
Proposed 1M
l,
\ \
\ \
\ \
\ \
\ \
. \
\ \
. ,
\ \
1 \
\ i
. \
\ \
\ \
\ \
\ \
\ \
\ .\
\.. \
11
\\
\. .,
_ _ .__. LL.
------ j
>=
CO
Cl
WI-
0::<(
<((I) 0 0
a.. W'" ......
W I- Q)
g: <(1'1 30
Cl (l)C
2
or-
00
I:J
(l)
(f)
o
0...
o
L. (f)
D- 0
o
-+-J
o
(f)
Q)
c
c
w o-
n::: > 2
-+-J
~OID
~Q)..oQ)
LL ~ <( oS;
-+-J
L.
Q)
..0
<(
c
.2
-+-J
o
.~
-+-J
tJ)
lie: .r::. ())
Ih i:: 1:: ~
~II\. ~ I{)
,~.,." I{) ,...
"'-I"\. Q) 0
CUe: ~ i 1
e: "...... ~ - ~
e: 'J).r::. ~ 1'1
........ ..,..... iO ~ 0;;;-
r\: -... ()) ~ <0
.....LLI. ..;~ t:-
I{) a..
,...<(
""::i:
, .
Figure 9.
Proposed Replacement Mitigation Areas
.
Z
<t
-.J
0....
W
f-
<t
Z
u::
W(f)
f-<(
-.J--.J
<t--.J
>
Zf-
00:
f-w
<tm
C)~
!-
2LL
o
U~Z
000
==>LLO
~ O~
'-.-/nUQ
~--~
~n>-CD
Un~~
WCXJZ~
-:)O=>n
OCXJO
~~U
n
~
UWI
et::~C)
~<(-
WU~
2UlS
-~--
I -_
I --_......._
I __
I
I
I
,
VJ
W
I-
a
z
-.l
a
IX
I-
Z
a
u
z
a
Vi
a
IX
w
c\
Ii!
"
ii1
~
if! "
l!l:S ~
W < ;;:<$
wW'; l;! ~i!:'" ~~ Iii
~~~~il '" .:;l!!~.. ~
~~a::~s li ~~~ ~~.. I
~~~g~ ~ ~~~ ~~.~
;5~:g :~ ~i~ S~ ~I
v.ltf.lB~~ ~ tioR: ~::).~
:lg....l!l:= i!i~ ~i~ !!.is i i
~~g~~ e~ :Q~ 0~ ~I
zs....z~ g~ xi5 ~Q ~2
~~k!SCl.. B:i:J ~..V) ~~ 16 I!l
~ !i!t~ .,J~ ~e:t Q!~ ~, a
~$> ~t; ~w ~~~ :! I ~
~i~g:m flJt: fSJi3 ls!~i~..tlf~i
i!j"- w"- !ii!i "'El~ Q
Ellf!S~~ d 1lIn.l\! i15
a:::8Q!:1-t) <<0 <t~1- z...J
c!;;tw...J 131- i3w~ <~
r-gcq;i~ G~ <~:;{ '-If
Q!..J~t;~ 6~ w~t! ~w
~!:;!i~ jX= ~ZVJ %01:
o
Z
(j)
Z
o
(j)
~E~i
~ E.8:;
"'c :5
)t,:JE
~C5~~
i "'_::l 0
I .!! ~~ lo
:5.o"O~~
~ 'OilS 5i
~ .z: 5 Ul..c:;
:;!~ 'g'O
;: Q.!.s~
~:gX:g.s
>.Jrii'tn
; l$ g!5
:~:6:()
w
o
z
"
"
0: 8
~::; 0
! I ii'
~.2 <..?W
0( "
o 0
~
1J
....
n.i M
...
I I
I ~
I
I
", , I
,
---
__tt
-- II
II
~ II
I II II
110, II
I '; II
I ::!.J I
I '" J--
---- _-6-.r--
+-..,.... ; II ~
- II II
I I I I I
I I 1;j \I
I I I I
\I "
II --,1_
L II -- JL.
.--\'t- _-
.....\..-
'"
w
'"
u
..
it!
(j)~
W:
I--~
og
Z:l
'"
'"
z~
O'
-@
1-<
<(w
o~
I-~
-~
~3<
w
z
.-\ 1--
.- II
.- -t\ II
I \\ II
I II II
II II
I 1\ \~
"'....J I
-, --- \... -\
K_-
r--:\l( -
-l.-----~;
...----1 jt--
~ II
1;.)
rn
S
~ I
~
Cl
c!
-~
E.
~1
1'.,6
,~
o
z
W
o
W
-1
<
~
~
'"
<
~ ~
III Cl '"
:I :i ~
g F w
'" [II ..
'" tIl '"
6 6 6
is is is
o Cl Cl
G
Figure 10.
Replacement Mitigation Areas Cross Sections
f
I
f
f
i
I
L
l
'--
L_
'TEe
PRIOR TO ROUGH GRADING. INSTALL SILT STOP tENet
IN LOCATIONS SHO'W'N. ADDITIONAL SilT STOP rENCE
"ILL BE REQUIRED 'WHERE lOCAL CONDITIONS REQuIRE
INSTALL TREE PROTECTION AS DEEMED NECESSARY
BY THE CITy F"ORESTQR PRIOR TO ROuGH GRADING.
2. ROUGH GRADING SHALL PROCEED ON AN AR(ABY AREA
BASIS TO MJNIHllt UNCOHPlETED AREAS.
3. AS EACH AREA OUTSIDE TH( STREET IS GRADED. PROVIDE
NATIVE TOPSOIL, SEED. AND MUlCH ANCHORED \lITH A
STRAIGHT SET DISC AS SOON AS PRACTICAL AFTER GRADING
4. MAINTAIN AND REPAIR SILT STOP rENetS (INCLUDING
REMOVAL or ACCUMUlATED SILT> UNTIL VEGETATION IS ESTABLISHED.
T . 1.07:t ACRES
D"""" QlOUNO
DATUM ELEV
~
0+00 0+75
1M_l00' HORIZONTAL
," -10' V(RnCAL
MIT A~EA I
Sff<lC~OlJNO
950
DA7W ELEY
~
OSQ) WmC"'llON
eo ""
0+00
'.00
1"-100' HORIlONTAL
1"-10' VERTICAL
MIT A~EA :2
950
..rncAT1ON
DA~EJJ:Y
. .00
0+00 1+00
1"-100' HORIZONTAL
'.-10' VERTICAL
MIT .A~E.A 2
DRI4_ 8'1":"'" J()IJ HQ (l(lC)CD-1 DAlt: ~Ot-05
OlfOC ~ 0110 DC H(t~ SHaT:1 of'
, J-.Z2-OS ClfOSS SfClIOHS lAG
l
S
NO. ""IF
OC$C1<<Y'lON
Pfi;!EPARSO By,
E.G. ~uo { eoNe, INC.
l.ANO e.u~vE"r"O~~
~Ie~ I.EXfNGTON Ave. NE
CI~CI.E F'INE~. MN SS~14
TEl.. ('63) 186."66 PAx. ('631 '86.6~1
~
&HEET IOF I &HEET~
PROJECT,: (RUDC
3.280833]3 FOR
COUNTY :COODIN
3 / 1 6 /10 1
I
I
I
I
,
L_
tions
EROSION CONTROL NOTES
I. PRIllR TO ROUGH GRADING, INSTALL SILT STOP fENCE
IN LOCATIONS SHO\IN, ADDITIIlNAL SILT STOP fENCE
"'ILL BE REQUIRED \/HERE LOCAL CllNDlTlDNS REGl'JIRE.
INSTALL TREE PROTECTlIJN AS DEEIED NECESSARY
BY THE CITY fllRESTOR PRlllR TO ROUGH GRADING.
2. ROUGH GRADING SHALL PROCEED ON AN AREA BY AREA
BASIS TO MINIMIZE UNCOMPLETED AREAS.
3. AS EACH AREA OUTSIDE TIE STREET IS GRADED, PROVIDE
NATIVE TOPSClL, SEED, AND I!lJLCH ANCHIlRED WITH A
STRAIGHT SET DISC AS SOON AS PRACTICAL AfTER GRADING.
.. MAlNT AIN AND REPAIR SlL T STOP fENCES (INCUJDING
REMOVAL Of ACCUMUlATED SILT> UNTIL ",,,-'lIf,.tATlON IS ESTABLISHED.
ORA.IN 8Y: AM) JOB NO; 00l'H0-' {~I';fj ~
CM'OI(~ D1IO DiCNO;~ .9G'nr Of'
,
.
.
NO. GAll" DESCRP-mw BY
~
I hereby certify thot thl. ...rvey. pion. or
report woe preparl!td by me or under my
direct super-..ltaion and that t om Q duly
Registered Land Surve}'Of' undor ths low.
of the State of ~lnne.ota
DANIEL W. OSERMILlER
Dot,,---- Llcen.. NO.~
E.G. RUD & SONS, INC.
I
[
I
I
I
I
[
l
------------------ (Above Space is Reserved for Recording Infonnation)---
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. II & 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:
RECITALS
A. The Declarant holds the fee title or perpetual easement on the real property
described in Exhibit A, attached hereto.
B. This real property is the site of a Replacement Wetland, as defined in Minnesota
Rules 8420.0110, subp. 40. Exhibit B, attached hereto, is a map or survey of the subject
Replacement Wetland.
C. The Declarant is seeking approval of (1) a replacement plan under Minnesota
Statutes section 103G.222.
D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as
amended, Minnesota Statutes section 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 _
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.
Oed 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:
l. The Declarant shall maintain a Replacement Wetland of the size and type
specified in the replacement plan approved by the LOU and on file at the offices of the LOU.
Declarant shall not make any use of the Replacement Wetland that would adversely affect the
functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and
as specified in the replacement plan.
I
I
[
2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and
replacement of the Replacement Wetland, which the LOU or the State of Minnesota through the
Minnesota Board of Water and Soil Resources may deem necessary to comply with the
specifications for the Replacement Wetland in the approved replacement plan.
r
t
3. Declarant grants to the LOU, the State of Minnesota, and the agents and
employees of the LOU and the State of Minnesota, reasonable access to the Replacement
Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no
access to or entry on the lands described to the general public.
4. Declarant represents that he or she has a fee simple or easement interest in the
land on which the Replacement Wetland is or will be located. Declarant represents that he or she
has obtained the consent of all other parties who may have an interest in the land on which the
Replacement Wetland is or will be located to the creation of the restrictions and covenants
herein, and that, all such parties have agreed in writing to subordinate their interests to these
restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s).
5. Declarant shall record or file this Declaration, pay all costs associated with
recording or filing, and provide proof of recording or filing to the LGD. If this Declaration is
given pursuant to a replacement plan, such proof shall be provided to the LGU 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 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:
Decl Res and Cov
Page 2 of 4
(April 2003)
(a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540,
subpart 2.0;
(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;
t
I
(d) Shall not graze livestock on the areas specified in the replacement plan or;
(
I
(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;
1
[
r
I
(f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious
weed control laws and emergency control of pests necessary to protect the public health on the areas
specified in the replacement plan; and
(g) Shall comply with any other requirements or restrictions specified in the replacement
plan, including, but not limited to, haying, mowing, timber management or other vegetative
alterations that do not enhance or would degrade the ecological functions and values of the
replacement site.
8. This Declaration may be modified only by the joint written approval of the LGU
and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the
Replacement Wetland has been used to mitigate wetland losses under the Federal Water
Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree
to the modification in writing. Such modification may include the release of land contained in
the legal description above, if it is determined that non-wetland areas have been encumbered by
this Declaration, unless the approved replacement plan designates these non-wetland areas for
establishment of permanent vegetative cover.
9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of
Minnesota. The LOU 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
LOU or other regulatory authority in order to be valid.
Page 3 of4
Ded Res and COy
(April 2003)
r
.
[
L
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
wetlandjntitigation
area.
*'
1
@
1
Please report any disturbances to
the City of Albertville.
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.
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.
I
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.
f
I
r
!
{
J
I
I
l
L
l
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
W1, W2 or W3, appropriate upland
mix (U1-U7). Seed mixes are used in
emergent, saturated, moist and
upland zones.
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).
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. Altemative
is to plant W1 at edge of water in a strip 5-10 feet wide.
Then plant W2 or W3 in the rest of the saturated soil
zone. W1 species will establish and spread into the
water & W2NV3 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.
Notes On Where & How To Use Seed Mixes:
W1 - 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 (PVt.I1). 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.
R1 - For streambank and floodplain restorations. See notes in mix tabulations.
U1-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.
US - 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.
U10 - BWSR cost share mix. For use on berms.
U11 - BWSR cost share mix. For use in grassed swales.
f
I
I
I
1
{
I
L
l
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.
Mixture W2 (Native SedClelWet Meadow)
Common Name Botanical Name Indicator Status % of Mix
Slouqh qrass, American Beckmannia svziqachne OBL 25.0
Brome, frinC!ed Bromus ciliata FACW 5.0
Blue-ioint orass Calamaarostis canadensis OBL 1.0
Wild-rve, Virginia Elvmus virainicus FACW- 25.0
Manna qrass, reed Glvceria arandis OBL 1.0
Manna orass, fowl Glvceria striata OBL 1.0
BlueClrass, fowl Poa Dalustris FACW+ 25.0
Sedoe; bottle brush Carex comosa OBL 1.0
Sedge, tussock Carex stricta OBL 0.5
Sedqe, fox Carex vulDinoidea OBL 2.0
Rush, slender Juncus tenuis FAC 0.3
Bulrush, C!reen Scimus atrovirens OBL 10
Wool orass SCifDUS cvoerinus OBL 0.1
Bulrush, river SCifDUS fluviatilis OBL 0.4
Bulrush, soft-stem Scimus validus OBL 1.6
Anemone, Canada Anemone canadensis FACW 0.6
Milkweed, marsh AscJeDias incamata OBL 1.0
Aster, swamp Aster Duniceus OBL 0.2
Aster, flaHopped Aster umbel/atus FACW 0.4
Joe-pve weed EUDatorium maculatum OBL 0.2
Boneset EUDatorium oerfoliatum FACW+ 0.2
Goldenrod, grass-leaved Euthamia araminifolia FACW- 0.1
Sneezeweed Helenium autumnale FACW+ 0.2
Sunflower, serrated Helianthus arosseserratus FACW- 0.4
Iris, blue-flaC! Iris versicolor OBL 4.6
Blazinastar, meadow Uatris liaulistvlis FACU+ 0.6
Lobelia, great-blue Lobelia SiDhilitica FACW+ 0.2
Monkey flower Mimulus rinaens OBL 0.1
Mint, mountain Pvcnanthemum virainianum FACW+ 0.2
Goldenrod, oiant Solidaao aiaantea FACW 0.2
Vervain, blue Verbena hastata FACW+ 0.4
Ironweed Veronia fasciculata FACW 0.4
Culver's root Veronicastrum virainicum FAC 0.1
Total: 100.0
Rate: 8.0 PLS Ibs/acre
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 Mn/DOT
Seeding Manual 2000. Below is the recommended seed mixture for the upland buffer.
e)
Rate: 15.0 PLS Ibs/acre
[ *Note: Oats are used in spring plantings and winter wheat in fall plantings
l
L
L
% of Mix
8.0
38.0
10.0
6.0
4.0
10.0
10.0
10.0
1.0
0.2
0.1
0.1
0.4
0.4
0.4
0.1
0.2
0.2
0.1
0.2
0.1
0.1
0.2
0.2
Total: 100.0
I
L
l
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.
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.
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.
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.
[ I
I
t
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.
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:
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.
I
I
I
[
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.
If seeding is being done in a ditch or swale that will receive moderate water flows for periods
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
1
,
1
'( f .
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.
I
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).
x--::::
~ r
\____---;11 I
I I I <<I
I ~ I I- I
I I l1J I
kl=--~--=---~ ~ I _
: II ~r
:~ Iw~xl
r-= -;;f--J,
I I '
___ I I
:- I I
*=--- ~-
: <<1- ~ I
~Q _ . ~-.--fF- .
f - _...______h.~..
I II I
,0\ I I
I -- I I
>t-;--- X L
r --
I
:CD
,
l-
>f=----
I
,-
I~
k=----
r ~
I I
I \() II
I I
~--
r-
I
Il[)
I
I
I
~
\Jj
/
/
/ /
/
/
/
I
XL--
I
I
I
I
I
L__
i I
~ __~x
t:::l I
,.,4
~
~
~
'-......i.
~
l--
Q
~
()~
2:
~
~
"-.,'
,"-......
~
~
~
~
2:
0"-.,
'-......
~
~
'-......
---
~
J-
~
"-.,
---
.~
a
<{
~
~
'0
:J/
~,
~
~. /:;)
LL
-
/
=r
i-
..... ""
/
~
~
/
--
-
j""
I
/
..../.\
\
\
\
I
II
I
l()
-
~/
~/
~/
/-
~// ~
(' ~
"
/
~/
~/
//'l
-
I .
)
)/
(
1-1
~ L_
a
01
J:I
1-=1
~I
I
i .
j
t
t
t
,
,
,
,
,
,
~
~
~
~
,
~
,
~
E(t C
(Above Space is Reserved for Recording Information)
Minnesota \Vetland Conservation Act
D€claration of Restrictions and Covenants for Site Specific Wetland Rep1acement
Replacement Wetland Declarant: Edina Development Corporation
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:
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 8420.01 lO, subp. 40. Exhibit B, attached hereto, isa map or survey of the subject
Replacement Wetland.
C. The Declarant is seeking approval of (l) 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 ~, and all other provisions of law that apply
to wetlands, except that the exemptions In Minnesota Statutes section 1 03G.2241 do not apply to
the Replacement Wetland, pursuant to Minnesota Rules 8420.0 1 15.
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 COY.doe
(April 2003)
RESTRICTIONS AND COVENANTS
The Declarant makes the following de~laration of restrictions and covenants for the
Replacement Wetland. These restrictions and covenants shall run with the land, and bind
Declarant, and Declarant's heirs, successors, and assigns:
1. The Declarant shall maintain a ReplacementWetlandofthe 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 detennined 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 LOU and the State of Minnesota, reasonable access to the Replacement
Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no
access 'to or entry on the lands described to the general public.
4. Declarant represents that he or she has a fee simple or easement interest in the
land on which the Replacement Wetland is or will be located. Declarant represents that he or she
has obtained the consent of all other parties Who may have an interest m 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 LGU before proceedmg
wi th construction of the Replacement Wetland.
6. Acknowledge that this Easement shall be unlimited in duration, without being re-
recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to
Minn. Stat. ch. 84C.
7. If the replacement plan approved by the LOU and on file at its offices requires the
establishment of areas of native vegetative cover, the tenn "Replacement Wetland" as used in
this Declaration shall also include the required areas of pennanent 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:
Page2of4
(April 2003)
23760 Oed Res and Covdoc
d'
I
t
t
-
I
,
,
,
,
f
,
(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 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 Sod 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 ofland contained in
the legal description above, if it is detennmed that non-wetland areas have been encumbered by
this Declaration, unless the approved replacement plan designates these non-wetland areas for
establishment of permanent vegetative cover.
9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of
MInnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable
attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the
terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of
the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit
requirements under the Federal Water Pollution Control Act or a federal fann 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 or 4
23760 Deel Res and Cov.doc
(Apn I 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).
(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
I
i
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
wetlandjlllitigation
area.
i
f
1
Please report any disturbances to
the City of Albertville.
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.
Appendix C
Restoration Plan Seed Mix
I
1
I
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.
t
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
W1, W2 or W3, appropriate upland
mix (U1-U7). Seed mixes are used in
emergent, saturated, moist and
upland zones.
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
and associated floodplains.
Riparian-streams with long and/or
steep banks.
R1 & appropriate upland mix (U1-U7).
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. Altemative
is to plant W1 at edge of water in a strip 5-10 feet wide.
Then plant W2 or W3 in the rest of the saturated soil
zone. W1 species will establish and spread into the
water & W21W3 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.
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 WI 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 (sedgeJwet 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.
US - 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.
Uii - BWSR cost share mix. For use in grassed swales.
I
l
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
Mixture W2 (Native SedQelWet Meadow)
Common Name Botanical Name Indicator Status % of Mix
Slouqh qrass, American Beckmannia svziaachne OBL 25.0
Brome, frinQed Bromus ciliata FAGW 5.0
Blue-joint Qrass Galamaarostis canadensis OBL 1.0
Wild-rye, Virainia Elvmus virainicus FAGW- 25.0
Manna arass, reed Glvceria arandis OBL 1.0
Manna arass, fowl Glvceria striata OBL 1.0
Bluegrass, fowl Poa oalustris FACW+ 25.0
Sedqe, bottlebrush Garex comosa OBL 1.0
SedQe, tussock Garex stricta OBL 0.5
Sedae, fox Garex vuloinoidea OBL 2.0
Rush, slender Juncus tenuis FAG 0.3
Bulrush, qreen Scirous atrovirens OBL 1.0
Wool grass Scirous cvoerinus OBL 0.1
Bulrush, river Scirous fluviatilis OBL 0.4
Bulrush, soft-stem Scirous validus OBL 1.6
Anemone, Canada Anemone canadensis FAGW 0.6
Milkweed, marsh Ascleoias incamata OBL 1.0
Aster, swamp Aster ouniceus OBL 0.2
Aster, flat-topped Aster umbel/atus FAGW 0.4
Joe-pve weed Euoatorium maculatum OBL 0.2
Boneset EUDatorium oerfoliatum FAGW+ 0.2
Goldenrod, qrass-Ieaved Euthamia araminifolia FAGW- 0.1
Sneezeweed Helenium autumnale FACW+ 0.2
Sunflower, serrated Helianthus arossesefTatus FAGW- 0.4
Iris, blue-f1aq Iris versicolor OBL 4.6
BlazinQstar, meadow Uatris Iiaulistvlis FAGU+ 0.6
Lobelia, qreat-blue Lobelia siohilitica FAGW+ 0.2
Monkey flower MimuJus rinaens OBL 0.1
Mint, mountain Pycnanthemum virainianum FACW+ 0.2
Goldenrod, giant Solidaao aiaantea FAGW 0.2
Vervain, blue Verbena hastata FACW+ 0.4
Ironweed Veronia fasciculata FAGW 0.4
Culver's root Veronica strum virainicum FAG 0.1
Total: 100.0
Rate: 8.0 PLS IbsJacre
-~;
{
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 Mn/DOT
Seeding Manual 2000. Below is the recommended seed mixture for the upland buffer.
i
I
l
IX ure a Ive avanna 00 an 1ge
Common Name Botanical Name % of Mix
Bluestem, bia Androooaon aerardi 8.0
Oats or winter wheat- Avena sativa or Triticum aestivum 38.0
Wood chess, hairy Bromus ouraans 10.0
Wild-rye, Canada Elymus canadensis 6.0
Bottle-brush Clrass Elymus hvstrix 4.0
Wheat-grass, slender Elymus trachvcaulus 10.0
Wild-rye, Virginia Elymus virginicus 10.0
Rve-qrass, annual Lolium italicum 10.0
Switch grass Panicum viraatum 1.0
Hyssop, fraarant-aiant Agastache foeniculum 0.2
Aster, smooth-blue Aster laevis 0.1
Aster, large-leaved Aster macroohvllus 0.1
Milkvetch, Canada Astraaalus canadensis 0.4
Tic-trefoil, showy Desmodium canadense 0.4
Sunflower, earlv Helioosis helianthoides 0.4
Bergamot, wild Monarda fistulosa 0.1
Black-eved Susan's Rudbeckia hirta 0.2
Golden-glow, wild Rudbeckia laciniata 0.2
Aster, upland-white Solidaao otarrnicoides 0.1
Goldenrod, stiff Solidaao riaida 0.2
Vervain, blue Verbena hastata 0.1
American vetch Vicia americana 0.1
Alexander's, heart-leaved Zizia aptera 0.2
Alexander's, Clolden Zizia aurea 0.2
Total: 100.0
Rate: 15.0 PLS Ibs/acre
M' t U7 (N r S
& W dl d Ed )
*Note: Oats are used in spring plantings and winter wheat in fall plantings
[
l
l
r
~
t
l
t
l
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.
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.
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.
i
j
.
,
1
4
,
I
f
i
l
i
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.
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.
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
1
1
i
l
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.
If seeding is being done in a ditch or swale that will receive moderate water flows for periods
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:
MnfDOT 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
, '
l
[
t
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).