2005-05-23 Response to Restoration Order
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~Pinnacle
YEngineering
Pinnacle Engineering, Inc.
11541 9Sh Avenue North
Maple Grove, Minnesota 55369
Tel: 763315-4501
Fax: 763315-4507
www.pinaena.com
May 23,2005
Mr. Deric Deuschle
Short Elliot Hendrickson, Inc.
3535 Vadnais Center Drive
200 SEH Center
St. Paul, MN 55110
RE: Response to Restoration Order
Albert Villas Development
J as on Avenue, Albertville, MN
Pinnacle Project No.: MN00039.04
SEH No. A-ALBEV0307.00 32.40
Dear Mr. Deuschle:
Pinnacle Engineering, Inc. (Pinnacle) was authorized by Edina Development
Corporation (Edina) to respond to your letter of May 17, 2005, describing the additional
conditions that are anticipated to be included in the City of Albertville final decision
concerning the wetland issues at the Albert Villas development (Site) in the City of
Albertville, Wright County, Minnesota. Some of the conditions will be met after the
local governmental unit (LGU), the technical evaluation panel (TEP) and/ or the City of
Albertville (City) has conducted Site visits and/ or granted their approval.
The following are the conditions presented in your letter. Our response follows in
italics.
1) Edina Development shall provide the City a survey of the mitigation sites for
Albert Villas Phases 1-6 which identifies the location of those sites in relation to
existing easements of the City including, but not limited to, wetland mitigation,
drainage and utility easements. The purpose of this condition is to allow the City
to identify which mitigation sites are currently within City controlled easements
and which are located on private property.
This survey is forth coming after the LGU, TEP or City has had the opportunity to conduct a
Site visit to confirm the location of the mitigation and replacement mitigation areas. The
mitigation areas, the City easements, and the 1999 wetland delineation areas are scheduled to be
staked on May 31 and June 1, 2005 and should be able for evaluation after that time.
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Mr. Deric Deuschle
Pinnacle Project No.: MN00039.04
May 23, 2001
Page 2
Once confirmed, the drmuing 'will shozv the mitigation areas shaded in orange, drainage and
utility easements are shaded in blue, and the existing wetland from the 1999 wetland delineation
In green.
Several home owners have stated that placing the deed restrictions and wetland covenants and
easements 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
constmcted, restored, or replaced. Edina will pursue replacement of the contested mitigation
areas 1m and 5m by means of constmcting 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.
2) Mitigation areas 1m though 4m shall surveyed in their current state to accurately
identify the proposed construction limits. The wetland delineation, as identified
prior to construction, shall also be staked in the field. These surveys will be
evaluated by the LGU and/ or TEP panel members to determine if corrective
action has been completed as proposed. Previous surveys shall b~ abandoned.
The original 1999 wetland delineation is scheduled to be staked on ~May 31 and June 1, 2005.
The original wetland areas will be staked with green painted lath, the mitigation areas will be
staked zvith orange painted lath, City easements will be staked with blue painted lath. The
mitigation and wetland delineation should be available for City and TEP evaluation after June 1,
2005.
3) As-built plans shall be provided on mitigation areas 1m through 4m. As-built
drawings shall also be provided for all wetland mitigation sites and upland
buffers areas used for Public Value Credit on Phases 3, 4, and 6. Mitigation and
/ or buffer deficiencies in Phases 3, 4, and 6 if present, must also be compensated
for either with corrective action or replacement at 4:1
The As-built drawings are provided for I1zitigation areas 2m through 411Z, and those mitigation
areas in Phases 3, 4, and 6 are included in Appendix A As-built drawings for the remaining
mitigation areas and replacement mitigation areas will be completed after the construction has
been completed. Constmction of mitigation area 1m is planned for June 10, 2005, after the
LGU, TEP or City have conducted an evaluation of the staked areas.
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Mr. Deric Deuschle
Pinnacle Project No.: MN00039.04
May 23, 2001
Page 3
No upland buffer PVC credit was applied for in any phase of the development; therefore no
replacement or corrective action is needed. Mitigation areas south of Counhj Ditch No.9 were
constructed as designed and appear to be functioning as self sustaining wetlands.
It should be noted that Wetland 5 seems to be receding from the wetland delineation boundaries.
This situation was noted to the LeU as construction activities in this portion of Albert Villas
progressed. It was suspected that the adjacent St. Michael de'velopment may have decreased or
eliminated the watershed o!,wetland 5, altering the wetland's hydrologrj and effectively draining
a portion of the wetland. Based on these conditions, the proposed buffer around a large portion of
wetland 5 may be moot.
4) Following construction, any areas determined to be deficient, either due to
inadequate construction or inability to gain access to complete construction, will
be included in the mitigation plan to be replaced at a 4:1 replacement ratio. This
specifically referenced to the east side of mitigation 2m, but may apply to
additional areas.
Construction of mitigation area 2m has been completed and the As-built drawings are provided
for 2m in Appendix A. The seeding, mulching, and disking of mitigation area 2m is scheduled
for June 10, 2005, after Leu, TEP and City evaluation.
5) The additional wetland impact located between areas 7f and Sf shall be replaced
4:1 rather than the proposed 2:1.
The area between 7f and 8f totaling 0.09 acre, will be replaced 'within the proposed replacement
mitigation areas east of County Ditch No.9. The response proposed the wetland mitigation
areas, which totaled 0.23 acre, would be replaced at a 4:1 replacement ratio. With the addition of
this 0.09 acre, the total is now 0.32 acre to be replaced at a 4:1 ratio. The total amount of
replacement mitigation needed at the 4:1 ratio is 1.28 acre. The amount of new wetland
replacement mitigation area will total 1.07 acre, and a 25-foot upland buffer surrounding the
replacement mitigation areas totals 0.76 acre, resulting in a total applied-for mitigation of1.83
acre. This total is 0.55 acre larger "t/lan the required mitigation acreage needed.
6) Mitigation areas 1m through 4m shall be reseeded with a wetland seed mixture
and will be disk anchored with clean straw. The tag (list of species and
quantities provided from the vendor) from the wetland seed mixture used in the
mitigation areas must be provided to the City of Albertville.
Mitigation areas 3m and 4m are scheduled for seeding, mulching and disking on June 3, 2005.
Mitigation areas 1m and 2m are scheduled for seeding, mulching and disking on June 10,2005.
Construction of the remaining mitigation areas planned for June, 2005 after the LeU, TEP or
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Mr. Deric Deuschle
Pinnacle Project No.: MN00039.04
May 23, 2001
Page 4
City have had the chance for evaluation of the staked areas. The tag lists will be collected as the
seed bags are used during the seeding process. These tags will be provided to the City and Leu
as the seeding occurs for verification.
7) The area between mitigation areas 3m and 4m must also be reseeded and
regraded if the survey referenced in Item 1 identifies this area as being filled
wetland. This area can also be mitigated off-site at a 4:1 ratio if restoration
cannot be completed.
This area is scheduled to be staked on May 31 and June 1, 2005. After the area has been staked
the LeU, TEP or City will evaluate the area. When the LeU, TEP or Cih} has made their
determination of the status of this area, one of the following options will occur.
Option A
It appears the area between mitigation area 3m and 4m totals O.XX acres (area to be determined
after evaluation by LeU, TEP, or City). The sunJeys and staking indicate that the area was not
determined to be a wetland during the 1999 wetland delineation and Leu verification. This area
is NOT a filled wetland; however, the area is being seeded and erosion control measures are
being put into place.
Option B
The sunJeys and staking indicate that this area (vas within the 1999 wetland delineation and
LeU verification. It appears the area between mitigation area 3m and 4m totals O.XX acres (area
to be determined after evaluation by LeU, TEP or Cihj). Apparently, the replacement mitigation
area will have enough newly created wetlands and upland buffer to mitigate for this area at a 4:1
ratio. However, if this it not the case, off-site mitigation in the form of purchasing wetland
banking credits from an approved wetland bank will occur at a 4:1 ratio.
8) Mitigation site 3m shall have the sod removed from the bottom of the open
water. The removed material must be removed from the property and disposed
of properly. Any exposed bare ground will be seeded and mulched as per Item
6.
The sod is scheduled to be remO'lxd on May 27,2005. The sod material will be hauled out of the
mitigation area and wetland areas and disposed of properly. As discussed in Item 6, 3m is
scheduled for seeding, mulching and disking on June 3, 2005.
9) Damage to private property resulting from corrective action shall be restored
immediately following construction activities. This may include but not limited
to, replacement of sod damaged by construction vehicles.
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Mr. Deric Deuschle
Pinnacle Project No.: MN00039.04
May 23, 2001
Page 5
Construction activities in mitigation area 1 m through 4m are scheduled to conclude the week of
June 13, 2005. Edina has received verbal agreements from the homeowners to access certain
mitigation areas. As part of the verbal agreements, Edina has agreed to restore the access ways to
the conditions existing prior to construction activities. Any damaged private property has been
restored. The reconstructed access areas will be available for Leu, TEP or City evaluation after
the construction activities have been completed.
10) Signage as proposed in the Response is acceptable, however, an example to scale
must be provided to the City of Albertville for approval prior to installation. A
plan sheet identifying the proposed placement locations must also be submitted
for approval prior to installation.
Edina is awaiting the approval of the City prior to ordering the signage. The signage will state,
"This area is a protected wetland mitigation area. No mowing or disturbance beyond this point.
Please report any disturbances to the City of Albertville." Currently, the signage is proposed to
be placed at alternate lot lines where wetlands, buffers or mitigation areas meet the lot lines. The
alternative signage designs are included in Appendix B.
11) Edina Development Corporation shall be responsible for obtaining any necessary
permanent or temporary easements and/ or rights-of-entry on private property
for the purpose of accessing, repairing, and maintaining mitigation sites and for
sign placement. All such easements and rights-of-entry are subject to approval
by the City.
Edina Development has received verbal agreements from the homeowners to access certain
mitigation areas. Specifically, access was given by the homeowners for construction activities
and access in mitigation areas 1m, 2m, 3m, and 4m. As part of the verbal agreements, Edina
Development has agreed to restore the access ways to the conditions existing prior to
construction activities.
12) The City of Albertville shall receive evidence of title and proof of recording of
the deed restrictions and covenants for all newly proposed wetland areas and
adjacent buffers prior to any lot sales. These items shall also be supplied to for
the mitigation areas associated with Phases 3, 4, and 6.
Edina is awaiting the approval of the City prior to recording the deed restrictions and covenants
for all newly proposed wetland areas and adjacent upland buffers. A copy of the proposed deed
restrictions and covenants is included as Appendix C. Additional copies of the deed restrictions
and covenants for all newly proposed wetland areas and adjacent buffers for all lot sales
associated with the replacement mitigation areas and the Phases 3, 4 and 6 mitigation areas will
be sent to the City prior to the lots being sold.
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Mr. Deric Deuschle
Pinnacle Project No.: MN00039.04
May 23, 2001
Page 6
13) The City of Albertville shall be provided a ghost plat of Phase 7 so it can be
determined that the anticipated land uses and layouts will be acceptable with the
proposed mitigation areas.
The ghost plat will be completed by Rud & Sons Surveying after the conditions listed in item 1,
2 and 7 have been evaluated and verified by the LeU, TEP or City.
14) Monitoring for all mitigation areas within all Phases of Albert Villas shall be
reset to year one status. Monitoring reports shall be submitted by August 15 of
each year, starting in 2005, to allow for field verification within the growing
season.
A copy of the proposal between Edina and Pinnacle for the monitoring of all phases of the Albert
Villas development is included as Appendix D. Monitoring activities will begin immediately. A
report will be presented to the LeU prior to August 15, 2005 for review.
15) The City of Albertville shall receive a letter of credit for $50,000 for the new
wetland mitigation areas, plus an additional $10,000 cash escrow for wetland
monitoring. These funds may be drawn upon by the City of Albertville if Edina
Development does not willfully comply with the conditions of this order.
The Letter of Credit was obtained on May 18, 2005. A copy of the letter of credit from Lakeland
Construction Finance is included as Appendix E.
16) Edina Development must prepare education materials that describe the benefits
of wetlands and buffers, and identifies the land uses allowed, or not allowed in
these areas. These materials must be provided to all residences within all current
and future phases of Albert Villas, and shall include figures that identify the
wetlands and buffers present in all phases of the Albert Villas development.
Examples of similar materials may be obtained from the Board of Water and Soil
Resources.
The Edina wetland education materials are planned to consist of a 8.5 X 11 single page sheet
with excerpts of the DNR's "Benefits of Wetlands " text and the BWSR "Wetland Benefits"
edited together. Also to be included is the BWSR "What is a Wetland" section. The back of the
sheet will include a simplified map of the Albert Villas development indicating where the
wetlands and mitigation areas are located. A copy of the educational materials by Edina will be
submitted to the LeU prior to distribution to the Albert Villas Development.
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Mr. Deric Deuschle
Pinnacle Project No.: MN00039.04
May 23, 2001
Page 7
17) The large earthen mounds currently located in the vicinity of the new mitigation
areas in Phase 7 must be removed.
The earthen mounds will be used in the grading and site preparation of Phase 7. Currently, the
mounds are out of the areas proposed for the replacement mitigation areas and upland buffers.
Additionally, the mounds have erosion control measures around them.
Please feel free to contact me should you have any further questions regarding the
project at (612) 315-4501.
Sincerely,
PINNACLE ENGINEERING, INC.
H-P
Scott Thelen
Project Manager
Enclosures
cc: Rick Lewandowski, Edina Development Corp.
Kyle Hegna, Wilkerson & Hegna
Colleen Allen, Wright County Water Conservation District
Julie Olson, Minnesota Department of Natural Resources
Brad Wozney, Board of Water and Soil Resources
Bob Moberg, SEH
Larry Kruse, Albertville City Administrator
Mike Couri, City of Albertville
Davis Wendorf, City of Albertville
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APPENDIX A
As-Built Drawings of Wetland Mitigation Areas;
Phases 1-6
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APPENDIX B
Alternative Wetland Signage
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APPENDIX C
Covenants and Easements
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WILKERSON & HEGNA, P.L.L.P.
A PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CORPORATE CENTER III. SUITE :1()O
noo METRO BOULEVARD
EDIN:\.VIN 5543tJ-2:102
ITLEPHO!\I tJ52-XtJ7-1707
FAX 'J52-XtJ7-:15:14
EMAIL KHUi!\ArilWILKERSONHEG!\ACOM
liARI' C WILKERSON, PA
KYLI: J. HEGNA, PA
JEFFREY W. JACOBS
CHARLES W. ARNDT
KRISTIN R. SANKOVITZ
OUR FILE NO. 2.1761l
PARA LEG A LS:
JOANN K. BERG
JILL M. LINDSEY
JOAN N. YOUNG
CAROLE BIERNAT
May 23, 2005
VIA FACSIMILE [(763) 315-4507] AND U.S. MAIL
Scott Thelen
Project Manager - Natural Resources
Pinnacle Engineering, Ine.
11541 95th Avenue North
Maple Grove, MN 55369
RE: EDINA DEVELOPME:\TT CORPORATION
ALBERTVILLE
Dear Scott:
Enclosed please find the Minnesota Wetland Conservation Act Declaration of Restrictions and
Covenants for Site Specific Wetland Replacement. This is for approval by the City Attorney. Once
this is approved by the City Attorney, we will file it with the County.
Also enclosed is a $55,000.00 Irrevocable Letter of Credit No. 200322 Dated May 18, 2005. We
secured this Letter of Credit based on the April 27, 2005 letter from SEll.
Please contact me if you have any questions regarding the foregoing.
Sincerely,
WILKERS011l & HEGNA, P.L.L.P.
/ ' !
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1; // "
K I J. He na
KJ H/jml
Ene losures
cc: Rick Lewandowski
1\.1 :\DOCS\KJH\23760 Edina Development - Cily of Albertyille\23760 Thelen CorLdoe
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(Above Space is Reserved for Recording Information)
Minnesota Wetland Conservation Act
Declaration of Restrictions and Covenants for Site Specific Wetland Replacement
Replacement Wetland Declarant: Edina Development 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:
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 103 G .222.
D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as
amended, Minnesota Statutes section 103G.222 et seq., and all other provisions 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.
Page 1 of 4
23760 Deel Res and Cov.doe
(April 2003)
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RESTRICTIONS AND COVENANTS
The Declarant makes the following declaration of restrictions and covenants for the
Replacement Wetland. These restrictions and covenants shall run with the land, and bind
Declarant, and Declarant's heirs, successors, and assigns:
1. The Declarant shall maintain a Replacement Wetland of the size and type
specified in the replacement plan approved by the LGU and on file at the offices of the LGU.
Declarant shall not make any use of the Replacement Wetland that would adversely affect the
functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and
as specified in the replacement plan.
2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and
replacement of the Replacement Wetland, which the LGU or the State of Minnesota through the
Minnesota Board of Water and Soil Resources may deem necessary to comply with the
specifications for the Replacement Wetland in the approved replacement plan.
3. Declarant grants to the LGU, the State of Minnesota, and the agents and
employees of the LGU and the State of Minnesota, reasonable access to the Replacement
Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no
access to or entry on the lands described to the general public.
4. Declarant represents that he or she has a fee simple or easement interest in the
land on which the Replacement Wetland is or will be located. Declarant represents that he or she
has obtained the consent of all other parties who may have an interest in the land on which the
Replacement Wetland is or will be located to the creation of the restrictions and covenants
herein, and that, all such parties have agreed in writing to subordinate their interests to these
restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s).
5. Declarant shall record or file this Declaration, pay all costs associated with
recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is
given pursuant to a replacement plan, such proof shall be provided to the 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. If the replacement plan approved by the LGU and on file at its offices requires the
establishment of areas of native vegetative cover, the term "Replacement Wetland" as used in
this Declaration shall also include the required areas of permanent vegetative cover, even if such
areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland
shall apply equally to the required areas of native vegetative cover. In addition, the Declarant:
Page 2 of 4
23760 Dee! Res and Cov.doc
(April 2003)
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(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 Soil Resources. If the
Replacement Wetland has been used to mitigate wetland losses under the Federal Water
Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree
to the modification in writing. Such modification may include the release of land contained in
the legal description above, if it is determined that non-wetland areas have been encumbered by
this Declaration, unless the approved replacement plan designates these non-wetland areas for
establishment of permanent vegetative cover.
9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of
Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable
attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the
terms ofthis Declaration is not waived or forfeited by any forbearance or failure to act on the part of
the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit
requirements under the Federal Water Pollution Control Act or a federal farm program, then the
provisions of this Declaration that run to the State or the LGU may also be enforced by the United
States of America in a court of competent jurisdiction.
10. This Declaration must be recorded and proof of recording submitted to the
LGU or other regulatory authority in order to be valid.
Page 3 of 4
23760 Deel Res and COY.doe
(April 2003)
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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:
Page 4 of4
23760 Deel Res and COy. doc
(April 2003)
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APPENDIX D
Wetland Mitigation Monitoring Contract
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OS/23/2005 ~ON 12:52 FAX 7633231245 MM Homebuilders
~ 0021004
MAY-20-2005 11:10
PINNACLE ENGINEERING
763 315 4507 P.02/03
~. Pinnacle
Y Engineering
F','nn;Jc}e Engineering, Inc.
11541 95th Avenue Narth
Mapl" Grove. Minnesota 55369
Tal: 753 315.4501
Fax: 75'3 31~4507
WoNW.pineng;com
May 19, 2005
Mr. Rick Lewandowski
Edina Development Corporation
700 Industry Avenue
Anoka, MN 55303
RE: Proposal for Wetland Monitoring Services
Albert Villas Residential Development, Albertville, Minnesota
PInnacle Proposal Number: MN00039.05
Dear Mr. Lewandowski:
Pinnacle Engineering, Inc. (Pinnacle) is pleased to present you with this proposal for
annual monitoring of the wetland mitigation area services for the subject site. This
proposal has been prepared in response to watershed requirements for expanded
monitoring.
Site Description
The Site consists all Phases of the Albert Villas residential development in Albertville,
Wright County, 11innesota. The Site is located in the E half of the SW quarter and the
SVV quarter of the SW quarter of Section 2, Township 120 North, Range 24 West.
Scope of Services
The Mitigation area will be monitored for five years to ensure the success of the created
wetlands. Annual monitoring is required by the Wetland Conservation Act and was a
condition of the Restoration Order of April 2005. The Restoration Order and
subsequent CDnclitions specify that an annual report be completed and provided to the
local goverrunental unit to verify the success of the mitigation by August 15 of every
year starting in August 2005. To comply with the monitoring requirements, the
monitoring event will include:
· Three site visits to mitigation areas during year one (2005)
· One site visit during the year until the wetlands are determined to be viable
· Measurement of hydrology elevation relative to a permanent water elevation
markers during each site visit
· Document dominant vegetation that exceeds 20% layer coverage.
. Document mitigation area with color photographs from specified locations
MapJo GrovQ, Minnesota
La Crosse, Wisconsin
Rochsster, Minnesora
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OS/23/2005 ~OK 12:52 FAX 7633231245 MM Homebuilders
~ 003/004
MAY-20-2005 11:11
PINNACLE ENGINEERING
763 315 4507 P.03/03
Mr. Rick Lewandowski
Pinnacle Proposal No.: :MN00039.05
May 19, 2005
Page 2
. Prepare annual reports to the LGU describing the progress of the success of the
mitigation area and, if necessary, any changes to the mitigation plan by August
15 every year. .
. DiscUss success of mitigation plan with LGU
Written annual reports will be presented to the LCU discussing the success of the
mitigation plan.. The monitoring is expected to continue until the wetland areas have
become established and verified by the LGU.
Pricing
Pinnacle shall complete the above scope oE work on a time and material basis. The
initial estimate for this wetland mitigation monitoring is $3,800 for the first year and
$2,700 per year after the first year. The monitoring period may be shortened if the
mitigation area successfully meets its mitigation goal. This price is based on
preparation and submittal of the necessary reports and forms, including associated
regulatory interactions. Continued meetings to resolve regulatory issues will be billed
on a t::ime and materials basis.
T enIl5
By signing this Proposal, yot1 agree to pay according to Pinnacle's invoice terms, which
are net 30 days. You also agree to pay finance charges on all past due invoices at the
highest legal rate (1.5% monthly), together with any costs of collections, including
reasonable attorney fees, which Pinnacle may incur in obtaining payment of the
account.
If you have any questions or wish to discuss any particular aspect of the project, please
contact me at (763) 315-4501. To accept this proposal, please sign, date, and :return. one
copy of this correspondence to my office.
Dated this
2f)
, 2005.
/!1~
day of
Pinnacle Engineering, Inc.
Edina Development Corporation
~7:::~ '
President
~~
Eric Hansen
V. P. - Environmental Engineering
Enclosure
TOTAL P.03
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APPENDIX E
Letter of Credit
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".
''',-':f-;~
~~LANDl
CONSTRUCTION FINANCE, LLC
IRREVOCABLE LEITER OF CREDIT NO. 200322 DATED MAY 18, 2005
City of Albertville
5975 Main Avenue
P.O. Box 9
Albertville,:MN 55301
Dear Sir or Madam:
"
We hereby establish our IRREVOCABLE LETTER OF CREDIT, numbered as indicated
above, and effective immediately, in favor of the City of Albertville (the "City") at the
request and for the accourit of Edina Development Corporation (''Developer) in the
amount of and not to exceed Fifty-Five Thousand and 00/100 Dollars ($55,000.00), as
such amount is decreased as provided below, available to you by your sight draft or drafts
drawn upon us in connection with the wetland requirements per the City's Requirements
("Agreement") for the subdivision known as Albert Villas 6th Addition, in Albertville,
Minnesota.
Each draft drawn under the LETTER OF CREDIT must be accompanied by:
A. The original of this LETTER OF CREDIT;
B. A notarized statement executed by the City Administrator, stating that the
Developer is in default of the Agreement, that the Developer has failed to
complete the Improvements in accordance with the terms of the Agreement,
and, that th~ City is entitled to draw upon l~e LETTER OF CREDIT. Such
statement shall set forth the Improvements not completed, the respect in which
the Improvements had not been completed, and the amount required to cure
such failure. '
Each draft drawn under this LETTER OF CREDIT must:
1. Be signed on behalf of the City by the City Administrator or his/her designee;
2. Be in the amount required to cure the default by the Developer to complete the
Improvements, amount shall not exceed $55,000.00.
3. Bear on its face the clause ''DRAWN UNDER LETTER OF CREDIT NO.
200322, Dated May 18, 2005.
860 Blue GentIan Road, SUite 135
Eagan, MN 55121
Phone: (651) 994-4606 . Fax: (651) 994-7076
7830 MaIn Street, SUite 210
Maple Grove, MN 55369
Phone: (763) 420-9130 · Fax: (763) 420-9134
22 Eastgate Building · PO Box 6056
St Cloud, MN 56302-6056
Phone: (320) 259-0900 · Fax: (320) 259-1907
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4. Be presented for payment during regular business hours at our Collection
Department, 7830 Main Street, Suite 210, Maple Grove, MN 55369, no later
than 2:00 p.m. on May 18, 2006, at which time this LETTER OF CREDIT
shall expire.
The amount of this LETTER OF CREDIT shall be reduced by the amount of the
estimated cost of the work completed as each portion of the Improvements are completed
and paid for, and the City Engineer approves in writing such reduction. Each drawing
hereunder shall reduce by the amount of such drawing the amount available under this
LETTER OF CREDIT.
We hereby agree that drafts drawn under and presented in conformity with the terms of
the LETTER OF CREDIT will be dilly honored upon presentation.
Except as otherwise expressly state~ this LETTER OF CREDIT is subject to the
Uniform Customs\ and Practice for Documentary Credits (1993 Revision) International
Chamber of COmInerce Publications No. 500 (the ''Uniform Customs''). This LETTER
OF CREDIT shall be deemed to be a contract made under the laws of the State of
Minnesota an~ as to matters not governed by the Uniform Customs, shall be governed by
and construed in accordance with the laws of the State of Minnesota, including the
Uniform Commercial Code as in effect in the State of Minnesota.
This LETTER OF CREDIT is not transferable or assignable and is not issued for the
benefit of any third party claimant.
We shall not be caIled upon to resolve issues of fact or law between the City and the
Developer.
LAKELAND CONSTRUCTION FINANCE, LLC
By
~1 ;mJJ
Its Chief Operating Officer