2005-04-27 Wetland Permit App Review~s
/i
SEH WETLAND PERMIT APPLICATION REVIEW
TO: Mr. Larry Kruse
Albertville City Administrator
FROM: Deric Deuschle
DATE: Apri127, 2005
RE: Hunters Pass Estates Development
SEH No. A-ALBEV0416.00 32.40
Proiect Overview: Minnesota Land Development is proposing to construct the Hunters Pass Estates
development on 76.6 acres of land in the northeast corner of the City of Albertville. The development is
along the north side of Mud Lake and is bordered by 70t'' Street on the north and McIver Avenue on the
east. All or part of six wetlands are present on the property, including Mud Lake. The project proposes to
fill 1.81 acres of wetland as part of the development, and will create 1.81 acres of new wetland and 1.81
acres of adjacent upland buffer for replacement.
Applicant: Matt Froelich -Minnesota Development Agency
Agent: Mike DeRuyter, Kjolhaug Environmental Services Company
Exhibits•
Wetland Delineation Report prepared by Kelly Dlouhy of Kjolhaug Environmental dated July 1,
2004.
2. Wetland Permit Application prepared by Mike DeRuyter of Kjolhaug Environmental dated
December 20, 2004 and submitted on January 26, 2005.
3. Notice of Wetland Conservation Act Application for Impacts >10,000 Square Feet distributed by
Todd Udvig (SEH) on January 4, 2005.
4. Convening of Technical Evaluation Panel on January 18, 2005.
5. Letter from Todd Udvig to Mike DeRuyter noticing extension of review period for an additional
60 days beyond the original expiration date of March 5, 2005. Letter dated January 19, 2005.
6. Response to TEP comments and revised permit application dated February 8, 2005.
7. Phone calls and discussions from Deric Deuschle (SEH) to Mike DeRuyter, Colleen Allen
(Wright County SWCD), Mike North (MNDNR) and Tim Fell (USAGE) to address final TEP
comments and concerns, March 2005.
Findings•
1. Wetland delineation was completed by Kelly Dlouhy of Kjolhaug Environmental on Apri121,
2044. This delineation was field reviewed and approved by Todd Udvig from SEH on May 18,
2004.
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196
SEH is an equal opportunity employer ~ www.sehinc.com ~ 651.490.2000 ~ 800.325.2055 ~ 651.490.2150 fax
Hunters Pass Wetland Permit Review
Apri127, 2005
Page 2
2. Project proposes alternative designs that will have reduced wetland impacts. The alternatives are
all identified as unfeasible, primarily due to spacing requirements and access to adjacent streets
and are beyond the ability of the applicant to control.
1. Wetland mitigation is proposed to occur through the creation of five wetland mitigation sites
adjacent to Mud Lake (aka Wetland 1). These basins will total 1.81 acres in size, and will have a
30-foot buffer. Additional buffers will also be placed around existing wetlands. Total buffer areas
will equal 1.81 acres of eligible credit, and will be used to satisfy the minimum 2:1 replacement
ratio.
2. The wetland mitigation areas will be seeded with a Mn/DOT wetland seed mixture and will
follow Mn/DOT seeding and maintenance guidelines. Mn/DOT Mixture 25B, as indicated in the
permit application, is acceptable, as are the updated equivalents. BWSR-recommended wetland
mixes that are equivalentto the Mn/DOT mixes maybe substituted without prior approval.
3. Monitoring of the replacement wetlands will be initiated following final construction of the
mitigation sites. Monitoring will be the responsibility of the applicant and reports must be
submitted annually to the City of Albertville and to the U.S. Army Corps of Engineers.
4. Deed restrictions for the wetland replacement areas and upland buffers have been proposed to be
filed prior to construction.
5. Signage informing subsequent land owners of the upland buffer and of restrictions on land-use
within them will be posted at all significant lot corners. Examples of the signage have not been
provided, but should be approved by the City of Albertville prior to installation.
Recommendations:
Review of this wetland permit application by staff from SEH, acting on behalf of the City of
Albertville, and the members of the Technical Evaluation Panel, have agreed that this project meets
the standards of the Minnesota Wetland Conservation Act. For this reason it is recommended that
the City of Albertville approve the wetland replacement plan, and authorize staff from SEH to
submit the Notice of Decision.
It is further recommended that the following conditions be met prior to start of construction.
1. City receives evidence of title and proof of recording of the deed of restrictions and
covenants for all wetland mitigation areas and adjacent buffers.
2. Maps or property descriptions that clearly identify the wetland boundaries, buffer areas, or
mitigation sites be prepared for all future building contractors, realtors, and home owners
so that they are aware of the property restrictions prior to purchase.
3. The applicant must submit proposed wetland buffer signage language, specifications, and
locations for approval prior to installation. It is further recommended that once installed,
the coordinates of the signs be provided to the City of Albertville to assist with regulatory
compliance.
Hunters Pass Wetland Permit Review
Apri127, 2005
Page 3
4. Receipt of performance bond, cash escrow, or letter of credit for an amount equal to
$50,680 ($28,000 per acre of wetland credit created) plus an additional $5,000 for
monitoring, or a total of $55,680. These accounts will be drawn upon if the mitigation sites
or wetland monitoring are unsuccessful and the applicant/developer does not willfully
undertake corrective action. The monitoring escrow can be returned at $1,000 annually,
until final approval by the TEP. Upon final approval, all funds will be returned and/or
access to letter of credit terminated.
Please feel free to contact me for additional information on these topics. I can be reached at 651.490.2114
or at ddeuschle(a~sehinc.com.
c: Mike DeRuyter, Kjolhaug Environmental
Mark Kasma, Bolton and Menk
Dwight Gunnarson, Meyer-Rohlin
Mike Couri, City Attorney
Bob Moberg, SEH
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