2003-10-03 No-Loss Certification® 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 651.490.2000 651.490.2150 FAX
® architecture engineering environmental trans~iortation
October 20, 2003 RE: City of Albertville
No-Loss Certification
SEH No. A-ALBEV0401.00 14.00
Mr. Michael Potter
11650 - 57th Street
Albertville, MN 55301
Dear Mr. Potter:
In regard to your application for a No-Loss Certification, the following findings of fact are outlined
below:
1. Your application stated that work performed on the property located at County Road 37 and
McKenzie was in compliance with U.S. Army Corps of Engineers Wetland Permit Number 88-
252-12. This permit expired on December 31, 1991, however, an extension to complete work
under this permit was granted to December 31, 1993 by the Corps. After that date, work not
completed was not authorized under that permit.
2. The Cease and Desist Order dated April 18, 2003 was issued for grading/filling within wetland
located on the property at County Road 37 and McKenzie for recent work being conducted in
Spring 2003 which would be regulated under the current Minnesota Wetland Conservation Act
(WCA).
3. The Technical Evaluation Panel (TEP) conducted a field assessment and aerial photograph
review of the site in question and concluded that wetland had been impacted in Spring 2003,
and requested that a Restoration Order be issued.
4. Wetland on the property at County Road 37 and McKenzie has historically been documented
by being identified in 1940, 1957, 1963, 1970 and 1980-2002 as observed from aerial
photographs and color slides for these years. These aerial photographs indicate extensive
wetland covering the property. In addition, the U.S. Army Corps of Engineer permit (Permit
Number 88-252-12) site map indicated the limits of fill permitted within the project site. These
fill limits were determined prior to the water problems you referenced in your No-Loss
Application. The extent of fill limits determined for the Corp permit is similar to the limits of
.the wetland area determined by the Wright County SWCD and the TEP.
5. Any fill or grading work within wetland areas requires either an exemption or replacement plan
approval under the WCA. Since the Corps permit expired on December 31, 1993, the
Minnesota Wetland Conservation Act regulations would be applicable to the project site.
6. The wetland restoration order issued in July 2003, describes the violation findings of fact
information and a short discussion regarding the wetland permit status of site. In addition, a
Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer
Mr. Michael Potter
October 20, 2003
Page 2
date of August 1, 2003 was set to have you provide a response as to the course of action you
chose to respond to as outlined in the restoration order. Several extensions have been granted to
you with the understanding that you had been working towards submitting a No-Loss
Determination Application. The No-Loss Application was received on September 27, 2003.
Therefore in response to your No-Loss Application, we have determined that insufficient
evidence has been provided to approve a No-Loss Certification since the work performed does
in fact impact a wetland as determined by the TEP and as indicated in the Restoration Order. In
addition, the area in question has been determined to be wetland as shown on the Corps permit
approval site location map.
The restoration order is still in effect and violation of this order is a misdemeanor offense. The
wetland area must be restored as directed in the order, or a replacement plan application must be
submitted to the City of Albertville by November 21, 2003. To be in compliance a COMPLETE
replacement plan application will need to be submitted by this date. It is highly recommended that
you consult a wetland professional to assist with this process.
Sincerely,
SHOT ELLIOTT HENDRICKSON INC.
~~. ~,,
~., T~~~d Udvig
~~`;~nior Wetland Scientist, City of Albertville
,-
7~
Colleen Allen
Wright County SWCD
~. ~'1 ~ `~~ :~. 'ice
Lynda Peterson
Board of Water and Soil Resources
sah
VAsp49iesl~tpliAae\uitxvA030100Acurreti~xmdencelpou~°r102103.duc
City of Albertville
P.O. Box 9
Albertville, Minnesota 55301
NOTICE OF WETLAND CONSERVATION ACT DECISION
Name of Applicant: Michael Potter
Application Number: 001
Type of Application (check one)
^ Exemption Decision
X No Loss Decision
^ Replacement Plan Decision
^ Banking Plan Decision
Date of Decision: 10/20/03
Check One: ^ Approved ^ Approved with conditions
List of Addressees:
Mr Michael Potter
11650 - 57`'' St.
Albertville, Minn. 55301
Members of Technical Evaluation Panel@
Ms. Colleen Allen
Wright County SWCD
306C Brighton Avenue
Buffalo, Minnesota 55313
Ms. Lynda Peterson
BWSR
One West Water Street, Suite 200
St. Paul, Minn. 55107
DNR Wetlands Coordinator @
Ecological Services Section
500 Lafayette Road, Box 25
St. Paul, MN 55155
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
X Denied
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.
Date of mailing of this Notice: [LOCAL GOVERNMENT UNIT]
October 20. 2003 By: Todd Udvig
Title: Senior Wetland Scientist
W:IALLFORMS~Notice of WCA decision.doc March 13, 2002