2004-11-03 Wetlands PermitPage 1 of 1
Greg Link (Roseland)
From: Darryl Gugig (Roseland)
Sent: Wednesday, November 03, 2004 11:33 AM
To: Greg Link (Roseland)
Subject: Albertville Wetlands
Greg, attached is a copy of the US Army Corps of Engineers Wetlands Permit and the ~X~xight Soil and Water
Conservation District Approval for Albertville together with a copy of the final approved plan. We were obligated
to have these wetlands monitored fora 5 year period, following which we have the right to have the monitoring
obligation closed out.
As you can see from the approved plan, the areas that have been referred to as the "Berm" are clearly part of the
public value credit (PVC) Areas 1 and 3 that are covered by the approvals. We have also been advised by our
wetlands consultant that the areas shown on the plans as NWC Areas 4 and 5 were filled by the City. of Albertville
as part of a ditch clearing operation that the City was performing. As a result of the Ciri's activities on our
property, our wetlands consultant was unable to close out our mitigation in 2004 because these violations will
need to be repaired before we can pursue a close out with the regulatory agencies. ~7~ur consultant advises us that
the City's consultant, Todd Udvig, has indicated that the City intends to correct the violation that it caused.
Please forward this to your contact or call me with any questions you may have. Thanks, Darryl
Darryl E. Gugig, Assistant General Counsel
Chelsea Property Group, Inc.
105 Eisenhower Parkway
Roseland, New Jersey 07068
Phone (973) 364-6510
Fax (973) 228-7148
email dgugig@cpgi.com
'7:'his transmittal may be a confidential attorney-client communication or may othertivise ~be piivilged or cots i7dential. ]:f you suspect that you have
received this email iii error, please contact the sender immediately and delete this message and all its attachments. rln}% unauthorized review,
dissemiziation, distribiirion or copying of this ti-aiismittal is strictly prohibited.
11 /3/2004
. :98 FRt 10:;0 F.~Y 816 798 1811 .Jx.J & .JET.~µ'.~l
WRIGHT SOTL AND WATER CONSERVATION DISTRICT
306 C BRIGHTON AVE
t3tJFFALO MINNESOTA 55313
NOTICE OF WETLAND CONSERVATION ACT h~ECLSION
Name of Applicant: Robot Move, JMJ Prnpertia Inc.
Application number:
Type of Application (check one):
Date of Drci~ioa: March 8. 1999
Ezemption Decisioa
No Lots lkcision
,__~__ Rcplaccment Plan Decision
Banking Plan Decision
DECISION ON APPLICATION:
Approved Denied Pastponctl~ Apprnved with revixioatt~„
DESGRIP'110N OF ACTMTY: Developer proposed coromercinl developencrt ";viinnwpolis tJutlct
Centes"•camprisal oCt'etail outlet shopping cestter on 69.5 acre parcel, located E112 Section 35 T-l2lN-R24W
within the city of Albertville Wright Cotmty Minnesota. As proposed non-exempt wetland it~acts of 2.61 setts will
result from the project- As proposed npiacemc>tt will beconducted as-site via wetlatt~i creation at-d upland buffer
areas. The landowna' proposes to aeatt 3.91 accts o[ type III-N wetland- Additionally 4.G6 a~ of upland buffer
will bt establiaited, resulting in 2.93 acrd of allowable public value crcdils, thus satit:fying the 2;1 reptacetrtrnt
re4utr~emcnts. The LGU ix regttitine that as eaacment or restrictive coveoanl tx placai an all wetlands and buffer
~a out the property to provide perniaaeat protection for these areas.
L!t of Addresses: Robert Morse, JM7 Companies Tnc.
Doug Norris MN Department ~~f NaturaT Resources
Robert Hence MN Department of Natural Rosauces
Keith Grow Board Conservationist
Daniel Dobbert (Public)
Svoboda Ecological Resources. (Public)
Gary Elfttnaun Army Cvrp Engineers
City Administrator, City of Albertville
You are lkreby notified that the decision of the Local Guvunment Unit (LCiU) on ttLe above-refucncal
application was mode on tht date stated above. A copy of the Local Govermnent Unit's Findings and Conclusions gun
be obtained from the LGU al the addrtss listed above. Ra-suant to Minn. R. 8420.0250 any appeal of iha decison
must be commenced by mailing a petition for apprssl to the Wtigltt Soil and Water Conservation District Aoard within
15 fifteen days of the mailing of this notice, yr by App! 5, i 999.
~Joos
DaW of mailing of this Kotler. , Wright 5011 and Water i~onsrrvntioa District
Msrch 19, 1999 By: Mark McNamara
Its Resource Consen~atioalst
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~'-~ / REPLY YO
AIT EN YION Of
DEPARTMENT OF THE ARMY
St P~iq OIS TRII,f CORPS OF ENGINEERS
AHMV CORPS nF' ENGINEERS I:EN THE
100 fiFTN STREET EAST
'ii PAUL. MN 'i5101tIiJN
Construction-Operations
~ Regulatory (97-01441-NW-GAE)
Mr. Jim Morse
'~ JMJ Properties, Inc.
107 Sinclair Drive
Muskegon, Michigan 49441
~~, Dear Mr. Morse:
'~ We have reviewed the information provided concerning the
revised project proposed by JMJ Properties Inc., involving the
' grading and filling of x.61 acres of wetland withi~i four basins
which are adjacent to a tributary (ditch) to School Lake, and
filling a segment of the ditch, to facilitate commercial
development (Minneapolis Factory Shoppes/Outlet Center). The
project site is in the E 1/2 of Section 35, T. 121 N., R. 24 W.,
3 of Wright County, at Albertville, Minnesota.
I have determined that the revised project is eligible for
authorization by an existing nationwide Department of the Army
I permit as referenced in the December 13, 1996, Federal Register,
Final Notice of Issuance, Reissuance, and Modification of
Nationwide Permits, paragraph 26, provided the work is in
compliance with the enclosed "Nationwide Permit General
Conditions" and the following special ..conditions:
1. As mitigation for the proposed wetland alteration
activity, the permittee shall expand existing wetland by 3.91
acres as. shown on a plan prepared by John Oliver and Associates,
Inc., and submitted to the St. Paul District,. Corps of Engineers
The plan is entitled "Minneapolis Outlet Center, Albertville,
Minnesota, JMJ Properties Inc., Wetland Mitigation Areas" and is
dated March 3, 1999, with four revisions, the most recent being
March 15, 1999. The wetland area to be expanded shall be
~. designed as follows:
' a. At each of the five wetland expansion areas (NWC1,
NWC2, NWC3, NWC4 and NWCS) as shown in the plan, the permittee
shall excavate the upland areas to a depth of 12-inches below the
elevation of the adjacent wetland, to create a shallow marsh
' (Type 3) wetland having slopes of at least 5:1 or flatter. To
supplement the revegetation of the disturbed areas adjacent to
the wetland expansion sites, the upland perimeter of these areas
shall be seeded with the seed mixture, and at the seeding rate,
shown on the enclosed Exhibit A.
b. A 25-foot vegetated buffer strip shall be
established and maintained around the remaining wetlands found
within the parcel to be developed as part of the Minneapolis
PnnleA on ® RetyGeO Paper
Factory Shoppes/Outlet Center commercial area, including the
mitigation sites, to protect the natural appearance and functions
of these basins.
2. The mitigation work shall be implemented prior to or
concurrent with the proposed wetland alteration activity.
3. The permittee shall establish or impose a conservation
easement, restrictive covenant, deed restriction, or comparable
restriction over the wetlands found within the Minneapolis
Factory Shoppes-/Outlet Center parcel that will not be filled or
altered by the proposed development. This easement, covenant,
and/or restriction shall require that no filling, dredging,
excavating, dumping of trash, ashes, garbage, or pumping,
draining, diking, impounding or other alterations to the
topography or hydrology of the wetlands occur within the parcel.
Those remaining wetland areas within the Minneapolis Factory
Shoppes/Outlet Center parcel, including the mitigation sites,
shall be marked by monuments or posted to delineate their. limits
and ensure the integrity of these basins. The permittee shall
submit to the St. Paul District, Corps of Engineers, an executed
restriction(s) by July 1, 1999. This restriction(s) shall be
drafted as shown in the enclosed covenant/deed restriction
example (Exhibit B). Along with the restriction(s), the
permittee shall submit evidence that it has the requisite real
~' estate interest so as to be able to execute an enforceable
restriction(s) .
4. All excavated material from the mitigation sites that is
not specifically used for the mitigation work or in the
development of the project site, shall be hauled to an approved,
upland disposal site.
5. To protect and maintain the integrity and environmental
values associated with the remaining wetlands on the property,
including the mitigation sites, the permittee. shall not use these
wetlands as stormwater management basins. If needed, an upland
stormwater management system, located outside the limits of these
wetland areas, shall be.constructed;,by the permittee for this
purpose.
6. The permittee shall monitor the development of the
wetland at the mitigation sites and provide the St. Paul
District, Corps of Engineers, with a report and photographs
documenting the establishment of these basins on an annual basis
to substantiate the functioning of these new ecosystems. The
first report and photographs shall be submitted by July 1, 1999,
and each year thereafter by July 1, for a period of five years.
7. The permittee shall take all necessary precautions to
minimize soil erosion and sediment loading of .the remaining
wetlands within the Minneapolis Factory Shoppes parcel during the
construction of roadways and building sites. Sedimentation and
erosion control devices shall be used during construction
activities to prevent siltation of these basins.
,~
4
8. The permittee shall install the necessary culverts
within the wetland complex as requested by the Minnesota
Department of Natural Resources and referenced in the
aforementioned plan to maintain and promote the circulation and
flow of water through the system and prevent the fragmentation of
this complex.
Please be advised that if this project disturbs five (5) or
more acres of land, you should apply to the Minnesota Pollution
Control Agency (MPCA} for coverage under a National Pollutant
Discharge Elimination System (NPDES) permit. This permit
requires that best management practices be used to control
erosion during construction, and a stormwater management plan be
developed to manage pollutants in stormwater runoff from the site
that will occur after construction is complete. The individual
to contact at MPCA concerning this matter is Mr. Lawrence Zdon at
(612) 297-8219.
Please note that nationwide permit number 26 expires on
September 15, 1999. However, you will have one year from this
expiration date to complete the work. If the work will not be
completed by September 15, 2000, you must contact this office at
least 60 days in advance for further instructions.
It is your responsibility to ensure that the work complies
with the terms and conditions of this letter and the enclosures.
,; Furthermore, it is your responsibility to obtain all required
State and local permits and approvals before proceeding with the
project .
If you have any questions, call Gary Elftmann of this office
at (651) 290-5355. In any correspondence or inquiries, please
refer to the Regulatory number shown above.
Sincerely,
i
Ralph; J. Augustin
Chief; Regulatory Branch
Enclosures
Copy furnished w/Encls:
Mr. Michael Whitt
Svoboda Ecological Resources
2477 Shadywood Road
Excelsior, Minnesota 55331
Mr. John Bertelsen
John Oliver and Associates
201 West Travelers Trail, Suite 200
Burnsville, Minnesota 55337
~~,