Loading...
2005-05-17 TEP Response to Restoration Order '"' ,. ~ SEH May 17,2005 RE: Edina Development Corporation Albert Villas SEH No. A-ALBEV0307.00 32.40 Mr. Rick Lewandowski Edina Development Corporation 700 Bunker Lake Blvd Anoka, MN 55303 Dear Mr. Lewandowski: On May 6, 2005 the Technical Evaluation Panel (TEP) met to discuss the Response to Restoration Order (hereafter referred to as the Response). Julie Olson, the Minnesota Department of Natural Resources (MNDNR) Enforcement Officer who issued the order, and David Wendorf, representing the City Attorney for the City of Albertville were also in attendance. The TEP panel and the MNDNR have accepted the Response as complete, but have a number of additional requirements that expand upon those previously identified. We are providing you the opportunity to review and respond to these conditions, and have allowed one week to do so. Responses must be received by 5:00 on Monday, May 23. Failure to respond will result in these items being included as additional conditions of the final approval. Submittal of a response by fax or e-mail is acceptable, although hard copies will also need to be provided. Our office, on behalf of the City of Albertville, is extending the review period for this project an additional 60 days as allowed under Minnesota Statute 15.99. This extension is necessary to allow the TEP and the City adequate time to review the additional issues raised by the Response and to formulate appropriate recommendations and conditions related to the City's review of the response. The City will be required to make a decision on the Response prior to June 29, 2005, and will consult with the TEP and MNDNR prior to that deadline. The following is a list of conditions that are anticipated to be included in the final decision. These are in addition to the items already proposed by Edina Development and included in the Response. 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 sites are located on private property. 2. Mitigation areas 1m through 4m shall be 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 be abandoned. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive. St. Paul. MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax Mr. Rick Lewandowski May 17,2005 Page 2 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. 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 is specifically referenced to the east side of site 2m, but may apply to additional areas. 5. The additional wetland impact located between areas 7f and 8f shall be replaced at 4: 1 rather than the proposed 2: 1. 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 vendor) from the wetland seed mixture used in the mitigation areas must be provided to the City of Albertville. 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. 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. 9. Damage to private property resulting from corrective action shall be restored immediately following construction activities. This may include, but is not limited to, replacement of sod damaged by construction vehicles. 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. 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. 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 lot sales. These items shall also be supplied for the mitigation areas associated with Phases and 6. 13. The City of Albertville shall be provided a ghost plat of Phase 7 so it can be anticipated land uses and layouts will be acceptable with the proposed mitigation 14. Monitoring for all of the mitigation areas within all phases of Albert Villas shall one status. Monitoring reports shall be submitted by August 15 of each year, allow for field verification within the growing season. 15. The City of Albertville shall receive a letter of creditfor $50,000 for the areas, plus an additional $10,000 cash escrow for wetland monitoring. Th!:lse upon by the City of Albertville if Edina Development does not willfully conditions of this order. Mr. Rick Lewandowski May 17,2005 Page 3 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. 17. The large earthen mounds currently located in the vicinity of the new mitigation areas in Phase 7 must be removed. Please submit a response, if you choose to do so, to me and I will distribute and discuss with the TEP. I can be reached at 651.490.2114 or at ddeuchle@sehinc.com if you require clarification of any of these items listed above. Responses will not be accepted by phone, however. A final decision on the Response and the above conditions will be made as soon as practicable. Sincerely, ~E:;}.IRlCKSON INC. Deric Deuschle Staff Biologist c: Scott Thelan, Pinnacle Engineering Julie Olson, MNDNR Colleen Allen, Wright County SWCD Brad Wozney, BWSR David Wendorf, Albertville City Attorney Michael Couri,~ll>~rtville City Attorney Larry Kruse,A.1bertville City Administrator Bob Moberg, SEH x:\ae\albev\common\wetlandand 19u services\albert villas\rest order addti req leuer.doc