2005-04-27 Wetland Restoration Order
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SEH WETLAND PERMIT APPLICATION REVIEW
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TO:
Mr. Larry Kruse
Albertville City Administrator
FROM:
Deric Deuschle
DATE:
April 27, 2005
RE:
Albert Villas Wetland Restoration Order
SEH No. A-ALBEV0307.00 32.40
On February 23, 2005 the Minnesota Department of Natural Resources issued a Restoration Order to
Edina Development for non-compliance with the Minnesota Wetland Conservation Act on multiple
phases of the Albert Villas development. This development has a long history of issues related to the
wetland replacement sites, and this Order will serve as a new starting point to get recognize and resolve
these issues.
The Restoration Order specifically identified the following items as being deficient:
Phase 1 and 2:
· Mitigation areas 1m through 5m do not meet the requirements ofthe approved replacement plan.
· Deed restrictions and covenants for the mitigation areas have not been filed.
· Additional wetland has been impacted between areas 7f and 8f and requires restoration or
mitigation.
Phase 3, 4, and 6
· A 30-foot buffer was proposed along all wetlands and wetland mitigation sites, and has not been
maintained.
· Signage indicating the boundary of the wetland buffers have not been installed
· Deed restrictions and covenants for the mitigation areas have not been filed.
The Restoration Order provides Edina Development the option to fulfill the conditions of the original
permits that were issued for this development, or to propose an acceptable alternative. Due to potential
legal issues related to the non-filing of the deed of restrictions on the affected properties, Edina
Development has selected to modify the original replacement plan to include both correction of existing
mitigation sites.
The following is a summary of the existing mitigation sites, proposed activities, and staff
recommendations:
Area 1m
This area was proposed to be 0.35 acre in size, but has not developed into wetland. It is proposed to
regrade this area to a lower elevation to provide additional hydrology. This site was not secured with a
drainage easement when the plat was recorded. One of the land owners that currently owns a portion of
this property will not allow these corrections to occur, resulting in a mitigation site that will only be able
to be 0.20 acre in size. The shortage of 0.15 acre is proposed to will be provided by Edina Development
as a new wetland mitigation area in Phase 7. This 0.15 acre shortage will be replaced at a ratio of 4:1.
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
Albert Villas Restoration Order
April 27, 2005
Page 2
Area 2m
This area was intended to be 0.39 acre, but it was altered so that it did not develop wetland characteristics.
In fall of 2004 this site was regraded and reseeded. Review of the site in April 2005 indicated that this
regrading was only partially successful, and that additional grading may still be required. This is most
evident on the east side of the site, where a paver patio and landscaping are still located in the designated
mitigation area. Previous correspondence acknowledged this area would need to be relocated. If this
cannot be completed, additional mitigation may be required.
Area 3m
This area was proposed to be 0.21 acre in size and appears to have been excavated and created as
proposed. This site, however, was sodded, which is not acceptable in a wetland mitigation area. During
fall 2004 the sod from the fringe of the open water was removed and the site was reseeded. Submerged
sod was not removed, however. The broadcast seeding in fall 2004 also appears to have been
unsuccessful.
Area 4m
This area was proposed to be 0.11 acre in size and was regraded and reseeded in fall 2004 to provide
additional hydrology. The grading appears to have been successful, as the site currently has sufficient
wetland hydrology, however, the seeding does not appear to have been successful. There is also
considerable damage to the resident's yard from construction vehicles.
Area Sm
This area was proposed to be 0.08 acre in size, but has been completely filled in by the current owner.
This owner is also unwilling to allow the site to be restored as intended. For this reason, Edina
Development is proposing to replace this 0.08 acre at a 4: 1 ratio.
Wetland Area between 7f and Sf
A wetland area that was planned to be avoided has been determined to have been impacted and is no
longer present. Edina Development has agreed to provide wetland mitigation for this area. As this wetland
was not a mitigation area, it is proposed to be replaced at a 2: 1 ratio.
30-foot buffer on Phases 3, 4, and 6
Buffer areas proposed in these phases have been altered and do not perform as intended. Edina
Development has not proposed corrective action for these impacts.
Summary
Edina Development proposes to restore the existing mitigation areas whenever feasible. Areas that cannot
be restored will be mitigated at a 4: 1 ratio. The new impact that was identified between 7f and 8f will be
replaced at a 2: 1 ratio. This will require a total of 1.10 acres of credit to be created as outlined below.
Deficiency of Area 1m:
Deficiency of Area 5m:
Additional impact at 7f18f:
0.15 acre x 4 = 0.60 acre
0.08 acre x 4 = 0.32 acre
0.09 acre x 2 = 0.18 acre
Total 1.10 acres
Albert Villas Restoration Order
April 27, 2005
Page 3
Wetland Mitigation
Edina Development proposes to create three new wetland mitigation sites. Wetland Area A will be 0.26
acre in size and will be located just north of 49th Court. Wetland Area B will be 0.63 acre in size and will
be located north of the storm water pond along the east side of County Ditch No.9. Wetland Area C will
be 0.18 acre in size and will be located on the south side of the storm water pond, also along the east side
of County Ditch No.9. Total new wetland areas will equal 1.07 acres. Buffers of 25 feet in width are
proposed around all of the sites. The buffer areas will total 0.57 acre. These values are sufficient to
provide the required replacement area for the impacts. The mitigation areas also comply with the design
requirements of the Minnesota Wetland Conservation Act.
It was noted during the April 2005 field visit that the area proposed for Wetland C is already graded and
is becoming a Type 3 wetland. This area was not previously identified as wetland, but an explanation as
to why it currently has these features is requested.
Conservation Easements
Edina Development has agreed to record deed of restrictions using the Board of Water and Soil Resources
form for all areas they have legal control over. It is unknown if there are protections available for the
original mitigation areas no longer owned by Edina Development. It is likely, however, that enforcement
ofthe utility easement and the City of Albertville's wetland buffer ordinance would be sufficient.
Signage
Edina Development proposes to place signs along lot lines that would identify wetland and wetland
mitigation areas. Signs would 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". The signs would
be placed on 4"x4" wooden posts.
Monitoring
Edina Development proposes to complete the required wetland monitoring for the wetland mitigation
areas and will continue monitoring of the previously created basins.
Recommendations
Overall, the proposed Replacement Plan appears to be a reasonable attempt at resolving the outstanding
issues related to the Albert Villas development. The proposed plan to comply with the Restoration Order
is feasible, but will require additional action to repair/restore the original mitigation area (lm - 5m).
Additional conditions on the new mitigation sites may also be required to ensure compliance and avoid
the problems that have occurred on the initial phases.
Removal of the Restoration Order will occur once the proposed work has been completed, and will only
occur if all aspects of the project are satisfactory to both the City of Albertville and the Wright County
Soil and Water Conservation District. It is my opinion that there are still outstanding issues that need to
be addressed. I have listed my recommendations below, which will help clarify any remaining
requirements that may still exist. It is also my opinion that the designs of the proposed new mitigation
areas are acceptable, and construction on those sites may commence prior to final resolution. Let it be
noted, however, that fmal designs may still require modification pending the response to my additional
questions and recommendations.
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Albert Villas Restoration Order
April 27, 2005
Page 4
Listed below are the outstanding issues and requests for additional information that will be required
before recommending final approval.
· Surveys of Areas 1m through 4m be completed to verify areas and locations. If deficiencies are
still present and cannot be resolved, additional mitigation may be required.
· Areas 1m through 4m must be reseeded and have clean straw mulch disk anchored in-place where
practicable.
· The area between mitigation areas 3m and 4m is currently upland, but appears to have been
wetland. To confirm that this area is not also filled wetland, and subject to additional mitigation,
the original wetland boundary shall be staked. If the wetland in this area has been filled, it shall
be restored similar to areas 3m and 4m.
· Area 3m shall have the sod removed from the bottom of the open water area. Temporary
dewatering of the pond to access the sodded area would be acceptable, and could be done without
additional permitting.
· Damage to yards from construction vehicles used to restore the mitigation areas shall be restored.
· Wording on signs be shortened. Suggestions include "Protected Area: No activity beyond this
point" or "Wetland Buffer" with the city's logo. Metal posts are also acceptable. The coordinates
of the signs should be provided to the City of Albertville along with additional placards so that
relocated or removed signs can be detected and replaced.
· Provide an explanation as to why replacement Area C is already graded ana developing into a
Type 3 wetland.
· The City of Albertville shall receive evidence of title and proof of recording of the deed of
restrictions and covenants for all wetland mitigation areas and adjacent buffers prior to any lot
sales.
· The wetland monitoring for areas 1m through 4m shall be reset to Year 1 status. Monitoring
reports for all of the sites would be due by December 31, 2005.
· The City of Albertville should consideration the requirement of a performance bond, cash escrow,
or letter of credit for the new wetland mitigation areas. These are typically issued at 28,000 per
acre of replacement, plus additional fees to cover monitoring costs.
Please feel free to contact me for additional information on these topics. I can be reached at 651.490.2114
or at ddeuschlelalsehinc.com.
c: Rick Lewandowski, Edina Development
Scott Thelan, Pinnacle Engineering
Mike Couri, City Attorney
Bob Moberg, SEH
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