2005-06-15 Summary of Wetland Issues to Residents
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SEH
ALBERT VILLAS - SUMMARY OF WETLAND ISSUES
TO:
Residents of Albert Villas
FROM:
Deric Deuschle, Staff Biologist
DATE:
June 15,2005
RE:
Albert Villas Wetland Restoration Order
SEH No. A-ALBEV0307.00 32.40
As many of you may be aware, the City of Albertville is working with Edina Development to
resolve a number of outstanding issues related to the Albert Villas development. One of these
issues is their compliance with the Minnesota Wetland Conservation Act (WCA). The intention
of tonight's meeting is to provide information as to the status of the project, dispel any rumors or
concerris, and identify what future activities will occur. The following information is a summary
of the "project, what is occurring, why, and how some residents may be affected.
Background
In 2000 and 2001, Edina Development Corporation applied for wetland permits for the
construction of Albert Villas phases 1 through 6. These permits were done in two applications;
one for the areas north of County Ditch 9 (Phases 1 and 2), and one for those areas south of the
ditch (Phases 3, 4, and 6). The permit application for Phases 1 and 2 requested to fill 1.24 acres
of wetland. To compensate for the wetland fill, Edina agreed to create 2.19 acres of new wetland
in six different wetland mitigation areas. The permit application for Phases 3, 4, and 6 requested
permission to fill 0.53 acres of wetland and to create 0.55 acres of new wetland in three
mitigation areas as compensation. In each of these phases, additional credit for the creation of
storm water treatment ponds was also approved.
As a condition of the permit application, Edina Development was required to file a deed of
restrictions and covenants that would identify the wetland areas and define the limitation of land
use on the properties. This was not completed as it should have been, although the wetland areas
were placed under a drainage and utility easement. Edina Development also agreed to install a
3D-foot buffer are along all wetlands and a 20-foot buffer along all storm water ponds in Phases
3, 4, and 6. This was also not completed. As proposed, all properties adjacent to wetlands in
Phases 4 and 6 should have had a sign indicating the limits of where disturbances were allowed,
which was 30 feet out from the wetland boundary.
Construction of the wetland mitigation areas (six in Phases 1 and 2, three in Phase 4 and 6) was
completed in 2000 and/or 2001. As a condition of wetland mitigation, annual monitoring is
required to be completed annually to determine that the wetland areas were built as planned, and
that they maintain wetland criteria and dominance of native vegetation. Annual monitoring has
been done for Phases 1 and 2, but has not been done for the sites in Phases 4 and 6.
The monitoring of the six mitigation areas in Phases 1 and 2 served its purpose and identified a
number of problems with the sites. This included such issues as wetland characteristics never
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1
Albert Villas Restoration Order Summary
June 15, 2005
Page 3
As a condition of the restoration order, Edina Development as also asked to stake the boundaries
of the wetlands, mitigation sites, and easements. Many of you have probably noticed a set of
stakes along your back property lines. These have been color coded with vinyl ribbon as
follows:
Blue: edge of easement
Green: edge of wetland
Red: edge of mitigation area
The purpose of this staking is to allow inspection and ensure that the mitigation areas were
constructed as proposed and to verify that easements were recorded properly to protect those
areas. The unintended side effect of this has been the ability to see if individual homeowners
have also filled in wetlands and are themselves in violation of the WCA. The City of Albertville,
Edina Development, and the Minnesota Department of Natural Resources are working to
determine how to resolve these violations. We have identified those individuals that have
violations and will be contacting them shortly with an invitation to attend a session specific to
that issue. In general, if you have landscaped, filled, fenced, sodded, or otherwise have activity
beyond the green stakes you will be contacted. If you have no activity beyond the green or red
stakes, you are not in violation, and should not be affected by this process.
Wetland Violations
In general, any activity that fills, excavated, or otherwise alters drainage to wetland is considered
a violation of the Wetland Conservation Act. Examples of this include: placement of soils,
grading, sod, wood chips, compost or yard waste, and any structures such as fences, bridges, fire
pits, patios, and sheds.
Activities that can occur in wetlands and not technically be violations include: mowing, planting
of native vegetation, including trees, and placement of structures at grade.
As noted previously, residents that have violations will be contacted with more information. As
every situation is different, it is expected that a determination and remediation plan will be
prepared for each resident with a violation. The city anticipates working with these residents as
much as possible to resolve these issues and avoid additional involvement of the Minnesota
Department of Natural Resources and their enforcement officers.
Conclusion
The City of Albertville is working to ensure that the residents of Albert Villas are minimally
impacted during this process. It is understandable that there is some confusion and concern
during this process. Contact information for whom to contact with additional questions will be
provided at the meeting.
Thanks for your time and interest.
x:\ae\albev\conuoon\wetland and 19u services\albert villas\albert villas rest order fmdings ver 2.doc
.
Albert Villas Restoration Order Summary
June 15,2005
Page 3
As a condition of the restoration order, Edina Development as also asked to stake the boundaries
of the wetlands, mitigation sites, and easements. Many of you have probably noticed a set of
stakes along your back property lines. These have been color coded with vinyl ribbon as
follows:
Blue: edge of easement
Green: edge of wetland
Red: edge of mitigation area
The purpose of this staking is to allow inspection and ensure that the mitigation areas were
constructed as proposed and to verify that easements were recorded properly to protect those
areas. The unintended side effect of this has been the ability to see if individual homeowners
have also filled in wetlands and are themselves in violation of the WCA. The City of Albertville,
Edina Development, and the Minnesota Department of Natural Resources are working to
determine how to resolve these violations. We have identified those individuals that have
violations and will be contacting them shortly with an invitation to attend a session specific to
that issue. In general, if you have landscaped, filled, fenced, sodded, or otherwise have activity
beyond the green stakes you will be contacted. If you have no activity beyond the green or red
stakes, you are not in violation, and should not be affected by this process.
Wetland Violations
In general, any activity that fills, excavated, or otherwise alters drainage to wetland is considered
a violation of the Wetland Conservation Act. Examples of this include: placement of soils,
grading, sod, wood chips, compost or yard waste, and any structures such as fences, bridges, fire
pits, patios, and sheds.
Activities that can occur in wetlands and not technically be violations include: mowing, planting
of native vegetation, including trees, and placement of structures at grade.
As noted previously, residents that have violations will be contacted with more information. As
every situation is different, it is expected that a determination and remediation plan will be
prepared for each resident with a violation. The city anticipates working with these residents as
much as possible to resolve these issues and avoid additional involvement of the Minnesota
Department of Natural Resources and their enforcement officers.
Conclusion
The City of Albertville is working to ensure that the residents of Albert Villas are minimally
impacted during this process. It is understandable that there is some confusion and concern
during this process. Contact information for whom to contact with additional questions will be
provided at the meeting.
Thanks for your time and interest.
x:\ae\albev\comnxm\wetland and Igu services\albert villas\albert villas rest order fmdings ver 2.doc