2005-12-24 MN Wetland Decision
Name of Applicant: P~1~Qr~'
Application Number: 1-2005
Type of Application (check one):
Date of Decision:
Check One: ^ Approved
Project Name: Philip Morris
Pro e
® Exemption Decision
^ No Loss Decision
^ Replacement Plan Decision
^ Banking Plan Decision
® Wetland TypeBoundary Decision
® Approved with Conditions (see note on page 2 regarding use of wetland banking credits)
^ Denied
Summary of Project/Decision:
This approval is for a Wetland Boundary and Type Determination along with an Incidental Wetland
Exemption based on Minnesota WCA rule 8420.0122, Subpart S.C. Under this provision, a replacement
plan for wetlands is not required for activities in wetland areas created solely as a result of "actions by
public or private entities that were taken for a purpose other than creating the wetland;" these areas may be
drained, excavated, or filled if the landowner can show that the wetland was created solely by actions, the
purpose of which was not to create the wetland.
At a meeting held on Wednesday, November 16, 2005, the Technical Evaluation Panel agreed with the
property owner's consultant determination that Wetland A was created by the construction of a private
road and the improper placement of a culvert. At this same meeting there was extensive discussion
relative to the appropriate location of the northwest line of Wetland B. It was mutually determined that
this boundary line should be adjusted to near elevation 949.75 as represented by the contour shown on the
attached map. The TEP agreed that the remainder of Wetland B's boundary appeared accurate.
This satisfies the wetland boundary determination lines for three years following the date of approval or the
December 5, 2005 City Council Meeting. However, it should be noted that the U. S. Corps of Engineers
(COE) has a separate, Federal role in wetland issues in Minnesota For COE approval, we recommend you
forward any delineation and wetland encroachment documentation to Tim Fell, the local COE
representative to ensure COE concurrence. Please be advised that any wetland activity that is approved by
the City of Albertville is in accordance with the Minnesota Wetlands Conservation Act. The COE
provides permitting in accordance with Federal Laws. These are separate permitting authorities.
This determination is contingent on the submittal of a fully executed (signed) exemption request for
Wetland A.
- Page i of 3
LT..a:.... T.,.. Tlt'7_~ 71 .7.. ~.:.. T-..~....ti..7 ....~7..sa....L-1 A/1 C/AA
Name and Address of Local Government Unit: City of Albertville 5975 Main Ave. NE,
_ Albertville, MN 55301-977b
List of Addressees:
Landowner:
Philip Morris
603 Lake Street
Excelsior, MN 55331
Linda H. Fisher
Larkin Hoffman Daly & Lindgren, Ltd. ,
1500 Wells Fargo Plaza, 7900 Xerxes Avenue South
Minneapolis, MN 55431
Members of Technical Evaluation Panel:
Larry Kruse, City Admin-LGU
City of Albertville
5975 Main Avenue NE
Albertville, MN 55301-9776
Colleen Allen, Board Conservationist
Wright County Soil and Water Conservation District
306C Brighton Avenue
Buffalo, MN 55313
Brad Wozney, Board Conservationist
BWSR
520 Lafayette Road North
St. Paul, MN 55155
Mark Kasma
Bolton & Meek, Inc.
i 2224 Nicollet Avenue
Burnsville, MN 55337-1649
Adam Nafstad
Bolton & Menk, Inc.
12224 Nicollet Avenue
Burnsville, MN 55337-1649
William R. Douglass
Bolton & Menk, Inc.
1960 Premier Drive
Mankato, MN 56001-5900
Department of the Army
Corps of Engineers
St. Paul District
Attention: Tim Fell
190 Fifth Street East
St. Paul, MN 55101-1638
- Page 2 of 3
La..a:.. ,. T.. ,, TL:1:._ 1d..-._ T-..-....a_. -l ....aa..sa....L-1 A/1 L/!~A
Department of Natural Resources Regional Office (select appropriate office):
Central Region:
Reg. Env. Assess. Ecol.
Div. Ecol. Services
1200 Warner Road
St. Paul, MN 55106
DNR TEP Representative (if different than above)
Jason Neuman
Minnesota Department of Natural Resources
Montrose Area Fisheries
7372 State Highway 25 SW
Montrose, MN 55363
Corp of Engineers Project Manager @
Department of the Army, Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638
You are hereby notified that the decision of the Local Government Unit on the above-
referenced application was made on the date stated above. A copy of the Local Government
Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the
decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water
and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice.
NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland
banking credits is conditional upon withdrawal of the appropriate credits from the state wetland
bank. No wetland impacts may commence until the applicant receives a copy of the fully signed
and executed "Application for Withdrawal of Wetland Credits," signed by the BWSR wetland
bank administrator certifying that the wetland bank credits have been debited.
THIS DECISION ONLYAPPLIES TO the Minnesota Wetland Conservation Act Additional approvals or
permits from local, state, and federal agencies may be required. Check with all appropriate authorities
before commencing work in or near wetlands.
LOCAL VERNMENT UNTI'
~~ ~y os
Signature Date
Name and 'tle
-Page 3 of 3
LT..a:.... T,.. TL:1:.. 71 R__.:.. il-..~....a_..1 ..-~l,.sa....L-1 A/1 L1AA
xs38.7, x95754 .xfssss -,xos/.n ~;'s ': `SOQ°17'45~11:~ 1094.85
• /~ xj5?b1
- ~ ... ; =: = ~,; 95235:.9 ~~~
xsSS;oe -^ 16.,3 -~ x95/,,6 .. ~ rt93].92
x /
i ~ --1su.fl ,`,x9S29a xq/271 /!
.-953 ~- ~ 1 x952n x+EF B-2B
~ j x95].7s x83L0x .. .x - i •- N• /
x932.n x ~:-1 t ~~ /
f til.ei"`-~ ~ /
95212 .~ ~/ %~-M20 -.. I
xs5148 x95J.u x932,57 xf5211~ - x' ac( w>:i x ' ~ //
x9<,xys ~ .. ~o.oz /
- ~ ~y2~L~/4.56~9%pJ~11E_)'}A24•' . _ bl! /
~ x85276 x93212 xFi A-1S I .' ?~ g, /
9S~,21 ,- S jzf4931 //
~ 4~1A-N BEi .1/ A~~M ~.fET-A~2]° ?i ~ /
~2 ; fET B4S !
_ f1Ei Mt3 / ,='x ~.B%~~ :' ~ ~/j qty /
n~ . ~. ~ .' ..y ~.1x~957.8C~J. L~ 832.1/ `- ,i/ iIET B I
1' x853,73
x933.98
AJ9
x95;.19
=93x,81 ';
1
i
i
:~
wx9S4,
3
1
;x95{,7
3
x1152n
x96564
~~ f$F M ^2x /
7
~- x~'x8
7
`' ~ x
.M -
E
3
0-21
r p32 ~ ~~
~~~ 6QT Mf'--
b /
/
I
951x
: X I
9ET B-/L2 ~
~
raKi~A-E ~/
2-,
/
4 !
/
$~
,9%
;3
t
11E~8
-~1 =9T/.88 I
-
t
I
\, / I
953.1E - ~ ~ +1 /7W6 //
x 951.s9 x.10 - ~ H~-20 ~1
%951.96 - S x94691 4
lf~1
~ /
958,yp
-
~: 9Ell
3 i x178-14 /!
`
~ /
kkk
x~;.~_7=354.1 :~ -
• ~~~ x947.12
•
`~'
•_ x95292 `-
~~t~ • x91612
I
r
t
~
~ ~
1~1 =y56a %--_ 919.A
\ 1x79-ls =9*as2 ~~a-}z
ez ~ x951.26 fl - x95LJ3
7 ~5
X95225 ~ - x1~67'B-i7
, ` 1 1(i11E3O7
x95296 ~ -
` 8-19 919.42
117'T
9ET 8-Ix
=857.28 - ,
.
x9347x
', -
B ~ .11
~'
~
s -
~
x95219
6N0 _
~ 9g{a99,,
8
~ _
-
~ 9E!
15
~ ~ 7
'
x9847 n
\ /-
~
X95117 ~p
p
~• ,
1~ -' yypp
~~ -
O~
\
~30.9a ._ .. _- .. -.
! r ~_
- - x955.71
`~ : =951.31 ;
N _..
99697
~ x931,83
A 17 - x951.86
=95270 959-17
- x950.60
.o
+~
x957.561 i
~ ,- x951,71
1x930.99 - - .
_ ~1,
x95220 x850.' 9SL20
t
x953.69', x950.4a
-
-~........... =93L13
x950.66 y'
.
.
x955.69 x950.16 1
-.
~ -
~ xfsO,oB
5 x9
5719
~} ._
L£GElVD
,~ - h- __-------
o - a' __-------
x Sect Etevotion n -- ~~
x Spot Elevation B - 9'
I ~ y~ 9~t~{fe ~{~~
9Mr•xe ~ ~ ~_ :6 I i"ALL
k~
K xtl
r~~-~xq Ox. i~l 3 6= Z
- - -r' `J ~~P6 l
F .A ® '~
~~~-\
~~ Wetland ~,o~a~~on~
`~,~ ~ Philip li~iorris Property
`~ Albet°tville,lVlinnesvt~
~~,t~i"S~_1f~
~'igt~re 2
~;1;1tr~llttlt:t~~,'
YEC Project No. 2005-U01
!;t]i1StlitljiC), iii!;.
,5
~~
-'~~.
r~
~'~
i
}, ~ ~ ,{
~h~l~~ 1~[a~ra~ ~~~~~;~•'
~ib~~~vill~, l~iaa~~~~~a~
PLC Pro{ect No. 2005-(101
NA-0266'10-03B (V.2.02 for MS WORD) 10/29/04
Minnesota Local/State/Federal A lication Form #or WateriM/etland Pro'ects
For Internal Use Only
Application No. Field Office Code Date Initial Application Received Date initial Application Deemed Complete
PART I: BASIC APPLICATION
"See HELP" directs you to important additional information and assistance in Instrnctions, Page 1.
1. LANDOWNER/APPLICANT CONTACT INFORMATION (See Hetp 1)
Name: Philip Morris Phone: 612-812-9061
Complete mailing address: 603 Lake Street., Excelsior MN 55331
lA. AUTHORIZED AGENT (See Help IA) (Only if applicable; an agent is not required)
Name: Linda H. Fisher Phone: 952-896-3210
Complete mailing address: Larkin Hoffman Daly &Lindgren Ltd., 1500 Wells Fargo Plaza, 7900 Xerxes Avenue South, Mpls MN 55431
2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed)
Name or I.D. # of Waters Impacted (if applicable; if known):
(Check all that apply): ^Lake ^River ^ Wetland type ®1 ^ 1 L ^ 2 ^ 3 ^4 ^ 5 ^ 6 ^ 7 ^ 8
Indicate size of entire lake or wetland (check one): ®Less than 10 acres (indicate size: 0.23) ^ 10 to 40 acres ^ Greater than 40 acres
3. PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance):
Project street address: Fire #: City (if applicable):
'/< Section: N1/4 Section: 1 Township #: 120 NRange #: 24W County: Wright
Lot #: Block: Subdivision: Watershed (name or #) Mississippi R.-St. Cloud
Attach a simple site locator map. If needed, include on the map written directions to the site from a known location or landmark, and
provide distances from known locations. Label the sheet SITE LOCATOR MAP.
4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed.
Commercial Project -The applicant is requesting an incidental wetland exemption for Wetland A as described in the Wetland
Delineation Report and the additional informatio presented in the memo.
5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to
construct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project. This is the
most important part of your application. See HELP 5 before completing this section; see What To Include on Plans (Instructions,
page 1). Attach PROJECT DESCRIPTION sheet.
Incidental Wetland Exemption Request
Footprint of project: 0.23 acres or s quare feet drained, filled or excavated.
6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts
to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of which may be "no
build" or "do nothing"), and explain why you chose to pursue the option described in this application over these alternatives. Attach
PROJECT ALTERNATIVES sheet if needed.
N/A
7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands, list the complete
mailing addresses of adjacent property owners on an attached separate sheet. (See HELP 7)
8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? ^ Yes ®No. If
yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8)
9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or
have already been approved or denied on a separate attached sheet. See HELP 9.
10. I am applying for state and local authorization to conduct the work described in this application. I am familiar with the information
contained in this application. To the best of my knowledge and belief, all information in Part I is true, complete, and accurate. I possess
the authority to undertake the work described, or I am acting as the duly authorized agent of the applicant.
Signature of applicant (Landowner) Date
~~~, /t s
Signature of agent (f applicable) ate
This block must be signed by the person who desires toundertake the proposed activity and has the necessary property rights todo so. if only the Agent has signed,
please attach a separate sheet signed by the landowner, givingnecessary authorization to the Agent.
Minnesota Local/State/FederalApplication Forms for Water/Wetland Projects
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT {33 CFR 325) Oiy1R APPROVAL N0.0718-003 Expires Dec 31, 2004
The public burden far this collection of information is cstiutaled to average !0 hours per response, although the majority of applications should require 5 hours or less. This includes
the time Cor reviewing instrrctiats, scarclring existing data suttees, gathering and maintaining the data needed, and completing wmd reviewing the collection or information. Send
comnnems regaeding this burden estimate or any outer aspeM or this collection of informaion, including suggestions for reducing this burdca, to Depamment of Defense, Washington
Headquarters Service Ditsctoratc of information Operations and RGtors, 12r 5 Jc(fcrsom Davis Highway, Suite t 204, Arlington, VA 22202-4302; and to the Office of Managcmcnt
and [ludgct, Paperwork Rcduuia: Project (07 t0-0003), Washington, t~C 20503. Respondents should be aware that noavitbstandingony other provision of taw, tto person strait be
subject to any penalty for failing to canpry wish a coiection of information if it does not display a ctarently valid OMti control number. Please DO NOT RETURN your Corn to
either of these addresses. Canprcted applicatiots must be submitted to the District cmgincer having jurisdiction over the location mf the proposed activity.
PRIVACY ACT STATEA1ENT: Authorities: Rivers and Harbors Aq, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal purpose: rmfornatiar provided on this form will be used in evaluating the application fora permit. Routine uscs:'frtis
information may be shared with the Department of Justice and other Pcdcral, start, and local govenuncnt agencicc. Submission of requested information is voluntary; however, it
information is not provided, the ocrmit application cannot be evaluated nor can a permit be issued.
ITEMS I THROUGH 4 TO BE FILLED TN BY THE CORPS
1. APP1.iCATION NO. 1 2. F[ELD OFFICE CUDE 13. DATE RECEI VT;U ~ 4. DATE APPLICATION COMPLETED
I YOU DO NOi'NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS. - -
A!1 applicants must complete non-shaded items 5 and 26. if an agent is used, also compiete items 8 and l 1. This optional Federal form is valid
for use o~e[y when included as part of this entire state application packet.
5. APPLICANT'S NAME ~ S. AUft-IORiLEU AGi?NT'S NAME AND -fiTt.E {an agent is nor required)
Philip Morris Linda N. Fisher
6 .APPLICANT'S ADDRESS 9 AGFNT S ADDRI-SS -' -
_~__ ._ _
7 APPLICANT'S PHONE NO - .~ I O. AGENT S P[-IONe N0 : - _
13. STATEMENT OF AUTHORI7A'['ION (ifupplicab(e; ranplete only i~aulhori:ing an agent)
I hereby authorize Linda H. Fisher ~ to act nn my behalf as my agent in the processing of this application and to furnish, upon
request, supplemental information to sr, 6rt-. thjs permit application.
APPLICANT"S SIGNATURE: r ~,f f`' ~~fi~ // -~ ' DATE: ~~ 't--// f S
12 PROJEC'T' NAME;OR TITL>J (see msttuctrons)
,:... _ , .
,,. _ .
i3. NAMF OF WATBRAODY, iT 1.NOWN jtfappiicablc) . ,:-. I4. PROTECT STRE:F:T ADDRESS (ifappltcab(e)
i ~`1S:LOCATION OF PROJECT
ib: OTHER:LOCATION DESCR1PTlONS; IF kN011T1 (stie instructions)
,.
l7: DIKECT70NS TO "fHE SITE IS. NATURE OF AC1lVtCY
19. PROJECT PURPQSE 20 REASON(S) FOR DISCTiARGE
,,,
21`TYPES OF MATERIAL BL`•ING DISCHARGED AND THE AMOUN"T OF EACH TYPE IN CUBIC YARDS i .
,.
2?.SURFACE AREA TN ACRCS 0I' WETLANDS OR OTHER WATERS FILLED
23. IS ANY.P6RTION OF THE'K'OItK ALREADY COMPLETES YES ~ T10 `1F YF.S, DESCRiBL COtvIPLETED WORK.
2~1. ADDRESSES OF ADJOINENG PROPERTY O~~'NERS; .
25. LIST OF OTHLk C>~RTII'ICATIONS:OR APPROVAL.SIDENIALS_RECEIVED FROM:OTHLR FEDERAL, STATE OR LOCAL AGENCIES FOR-
WORK DESCRII3ED':TN7HISAFPLICATION - -
26. Application is hereby made for a permit or permits to authorize the work described in this application. 1 certify that the information in this
application is complete and accurate. E further certify that I possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the applicant.
• a
f~';: ~
tgnatrtrc of plrcant Date Signature ofagent (if any) Datc
'The application must be signed by the person who desires toundenake the proposed activity (applicant), or it may be signed by adtdy authorized agetx if
the statement in [3iock t 1 has been filled out turd signed. 18 U.S.C. Scetimm 1001 provides that: Whoever, in arty manner within the jurisdiction of any
department or agency of the United States knowingly and willfully falsifies, conceals, orcovers up witm any trick, scheme, or disguises a material factor
makes any false, fictitious or fraudulent statements or representations or makes ar uses arty false writing or document knowing same to cotuain any false,
fictiUOUS or fraudulent statements or entry, shat) be fated not more than $10,000 or imprisoned not mare than five years or both.
ENG FORM 4345, Jul 97 EDITION OF FETi 94 IS OBSOI,I"T[;. (Proponent: CECW-OR)
Minnesota Local/StatclFcderalApplication Forms for Water/Wctland Projects
Page 2
FOR LGU USE ONLY:
Determination for Part 1: ^ No WCA Jurisdiction
Exempt: No. 5 (per MN Rule 8420.0122)
~] No Loss: _ (A,B,...G, per MN Rule 8420.0220)
^ Replacement required -applicant must complete Part Q
COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT iS NOT RE UIRED:
Application is (check one): ^ Approved Approved with conditions (conditions attached)
CommentslFindings:
LGU
/~ ~ ~ d5
Date
,~,ozrr ~r>,~ C' ~~- ~~~ ~,
Name rd Title
For Agricultural and Drainage exemptions (MN Rule 8420.0122 Subps. 1 and 2B), LCU has received proof of recording of restrictions
(per MN Rule 8420.0115):
County where recorded Date Document # assigned by recorder
LGU official signature Date
^ Denied
Minnesota LocallState/FederalApplication Forms for Water/Wetland Projects
Page 3