2005-08-24 Restoration Order
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TECHNICAL MEMORANDUM
TO:
TEP Members
FROM:
Deric Deuschle
DATE:
August 24, 2005
RE:
Edina Development Restoration Order
SEHNo. A-ALBEV0212.00 32.00
Introduction
On February 23,2005 the Minnesota Department of Natural Resources issued a Restoration
Order to Edina Development (Edina) for non-compliance with the Minnesota Wetland
Conservation Act on multiple phases of the Albert Villas development. Since that time the TEP
and Albertville City Council have been working with Edina to resolve all outstanding issues, and
have agreed to the plan proposed by Edina with numerous conditions.
It was agreed that Edina would be required to have all restoration work completed by August
15th, with the exception of seeding, which could be postponed to the end of August if weather
conditions supported a delay. On August 15, I received a final packet ofinformation containing
the as-builts, final wetland determinations, and monitoring report for 2005. Some of the
information required in the additional conditions was also received prior to August 15th.
The objective of to day's meeting is to review what has been submitted and determine if Edina is
in compliance and the restoration order can be lifted. That will require a discussion of the
proposed changes, and a field inspection of the activities to verify that all corrections have
occurred, and that grading of any new sites is satisfactory.
Current Status
The following is a summary of the conditions and what their current status is
1. Edina shall stake the original wetland boundary, mitigation boundaries, and easements in the
field.
Complete. This was completed early in the process and field verified
2. Mitigation areas 1 m through 4m shall be surveyed to identify proposed construction limits in
relation to easements and original wetland boundaries.
Complete. This was also reviewed in the field to verify that the construction limits were
accurate.
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196
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Albert Villas Restoration Order - Final Review
August 24, 2005
Page 2
3. As-builts shall be provided for all mitigation areas.
Possibly complete. While not as I anticipated, I have been informed that the detailed
drawings in the August 15th report are recent as-built drawings. If that can be verified,
that would be acceptable. Some of the drawings are dated prior to the excavation, so not
all of them would qualify. The construction limits and wetland creation do seem to be
accurate, however.
4. Any deficiencies identified (in any mitigation area, regardless of reason) will require
replacement at 4: 1.
Possibly complete. The August 15th report identified the deficiencies and proposed
replacement through additional new wetland creation. If this is acceptable to the TEP,
this would be complete.
5. Wetland impact between 7f and 8f shall be replaced at 4: 1
Complete. Sufficient area was created in the original proposal to cover this impact at 4: 1
6. Mitigation areas 1m through 4m will be seeded and disk anchored, tag provided to city.
Possibly complete. The construction schedule indicates that should be completed on 8-
24-2005
7. Area between 3m and 4m within the wetland must be restored and reseeded
Possibly complete. Should be part of item 6.
8. Sod shall be removed from site 3m
Complete. Pending field inspection
9. Damage to private property shall be corrected following construction
Unknown. Will identify and/or confirm ifthis has been completed.
10. Signage shall be placed around the wetlands as indicated
Complete, with modification. Many of the signs need some adjustment, and will be
identified during a walk-through
11. Edina shall secure easements and rights of entry for all mitigation areas
Albert Villas Restoration Order - Final Review
August 24, 2005
Page 3
Partially complete. All easements have been obtained and verified except for the
proposed changes to Mitigation area B, which will need revision.
12. Deed of restriction must be filed for the new wetland areas.
Incomplete. A copy of a blank form was included in the response, but a signed form and
receipt are needed.
13. Provide ghost plat of Phase 7
Possibly complete. A plat was submitted, but was not of an acceptable layout. Provided
that the wetland areas is properly recorded and protected this could be approved.
14. Monitoring of all sites shall begin as year 1, and be submitted by August 15.
Complete. For 2005, for those sites that were graded at that time.
15. City of Albertville shall receive letter of credit and cash escrow.
Complete. Verify with City that this has been completed, however
16. Edina must prepare and distribute educational material for distribution to the residents
Possibly complete. A draft pamphlet was received, unknown if this was distributed. If
not, include with final letter to residents.
17. Remove large stockpile in Phase 7.
Partially complete. One stockpile remains, but is away (more than 100 feet) from
mitigation sites. Suggest considering complete.
Summary of Outstanding Issues That Require TEP action
The following issues are what I consider to be the main items that will require review,
consideration, verification, or modification. These should be discussed in more detail.
1. Review proposed expansion of Replacement Area B.
2. Double check math on deficiencies, impacts, and generated credits
3. Obtain verification that all new mitigation areas are under easement and deed and
restriction have been filed.
4. Field verify that all construction and repairs are satisfactory.
Albert Villas Restoration Order - Final Review
August 24, 2005
Page 4
5. Complete walk-through and sign adjustment
6. Accept home-owner violations and compensation. (See section below for details)
Homeowner Violations
As discussed previously, there are a number of additional wetland violations due to encroaching
of backyards into wetland areas. Edina has agreed to compensate for these impacts, either
through restoration of the impacted areas. Once it was determined that all impacts would require
restoration, and learning how difficult and costly that process would be, it was proposed by the
TEP that banking be used instead.
I GPS'd the differences between the original wetland boundary and the limit of activity, and got
a total impact of 0.33 acres. It was agreed to allow these to be replaced at 3:1, which would
require a total of 1 acre of wetland to be created for compensation. This could also be achieved
by purchasing 1 acre of wetland credit from the wetland bank.
Action needed: I requested that Edina refrain from submitting any banking applications, should
the need for banking also be needed for any shortfalls. As they have proposed to create
additional wetland for the deficiencies, the homeowner violations can proceed as a stand alone
application. I recommend that Edina proceed with submittal of an application to purchase credits
for the amount of 1 acre. This should be submitted to the TEP for signature and forwarding to
BWSR for debiting.
Conclusion
Following discussion and field verification, I will draft a response to Edina that will confirm
what has been accepted and what may still be outstanding.
docwnent2
Attachment 1
Aerial photographs from 2000 and 2003 with GPS.of Homeowner Violations
Attachment 1
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Homeowner Violations on
2003 Aerial Photograph
A-ALBEV0212.00
Figure 2
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Homeowner Violations on
2000 Aerial Photograph
Figure 1