2004-11-30 MNDNR License
Minnesota Department of Natural Resources
Division of Lands and Minerals
Central Region
1200 Warner Road
St. Paul, Minnesota 55106
~1'1y Cbpy r+J,
~,Lo.ll~}.:J .
November 30, 2004
City of Albertville
Attn: Pete Carlson
5975 Main Avenue NE
P.O. Box 9
Albertville, MN 55301-0009
RE: License No. 144-065-6050
County: Wright
Project No: 19990360.01
Dear Licensee:
Attached is the completed original of the above numbered license and one copy of your original
application. Payment has been made for the term of the license.
If you have any questions, please contact me at (651) 772-7591.
Sincerely,
-7
c'?,,--~
La'Mont Knazze III
Real Estate Technician
Enc1osure(s)
cc: Regional Operations Supervisor
An Equal Opportunity Employer Who Values Diversity
DNR Information: 651-296-6157
1-888-646-6367 TTY: 651-296-5484
1-800-657-3929
'.
MINNESOTA DEPARTMENT
OF NATURAL RESOURCES
LICENSE NUMBER #144-065-6050
APPLY NUMBER 75067 TRN 525 LS 09
COMPANY PROJECT NO: 19990360.01
LICENSE FOR UTILITY TO CROSS PROTECTED WATERS
This license is issued by the commissioner of natural resources under authority and subject to the
limitations in Minnesota Statutes, section 84.415, and Minnesota Rules Chapter 6135 and other applicable
law to the Licensee as named and for the fee and term as specified below.
Name and Address of Licensee: City of Albertville
5975 Main Avenue NE
P.O. Box 9
Albertville, MN 55301-0009
License Fee: Two Hundred Sixty Five Dollars and no/lOO.......................... ...($265.00)
Term (years): 50
Effective Date: October 12,2004
Termination Date: October 11,2054
Purpose of License: Construction, maintenance and operation of two under water pipe lines
under the covenants and agreements of the Licensee to use the following described waters:
That part ofthe NE% NW in Section 36Township 121 North, Range 24 West in Wright County as shown on
the attached application and map, all of which are made a, part hereof by reference.
This license is granted subject to the following provisions:
1. At the end of the license period if both parties wish to renew, the renewal fee and time period will be
determined by such methods as are developed by the commissioner of natural resources.
2. This license shall be cancelable upon reasonable notice by the commissioner for violation of any of its
terms, or if at any time its continuance will conflict with a public use of water over or upon which it is
granted, or for any other reason. Licensee shall ensure that Licensee's employees, agents and
contractors have received and thoroughly understand all conditions of this license.
3. Unless otherwise authorized by the commissioner, upon the surrender, termination or cancellation of
this license, the Licensee shall remove from the above described waters all the utility lines and related
structures owned by it. rf Licensee does not remove such lines or related structures, all such lines or
structuresremaining shall become the property of the State, to be used or disposed of as the
commissioner elects. The Licensee agrees to pay the State for the costs of removing and disposing of
such lines or structures.
4. The Licensee shall comply with all federal, state and local laws and regulations, including municipal
ordinances, affecting said waters, and shall remove all refuse and debris that may accumulate therein.
The project hereunder shall at all times during and after construction be subject to inspection by the
commissioner and for that purpose the Licensee shall grant access to the premises at all reasonable
times.
5. The use of these waters by the Licensee in constructing or maintaining the lines for which this license is
granted shall be subject to the use, sale, or leasing for mineral or other legal purposes.
6. This license is subject to the provisions of Minnesota Statutes, section 84.415 and Minnesota Rules
Chapter 6135. All standards of Chapter 6135 are incorporated as terms and conditions of this license,
~ ,,- ...
. .
except such variations as are identified and approved by the commissioner in the license applications,
plans and specifications which are attached and made part of the terms and conditions of this license.
The Licensee is bound by the crossing location and installation method as detailed in the application
and approved by the commissioner. The Licensee shall not deviate from the terms and conditions of
this license or the application as approved by the commissioner unless it has first obtained written
permission from the Regional Operations Supervisor.
7. This license is permissive only. No liability shall be imposed upon or incurred by the State of
Minnesota or any of its officers, agents, or employees, officially or personally, on account of the
granting hereof or on account of any damage to any person or property resulting from any act or
omission of the Licensee or any of its agents, employees, or contractors relating to any matter
hereunder. This license shall not be construed as estopping or limiting any legal claims or right of
action of any person against the Licensee, its agents, employees, or contractors for any damage or
injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of
action of the State against the Licensee, its agents, employees, or contractors, for violation of or failure
to comply with the provisions of this license or applicable provisions of law. The Licensee shall
indemnify and hold harmless the State from all claims arising out of the Licensee's use of the above
described waters whether such claims are asserted by civil action or otherwise.
8. The Licensee shall not without the commissioner's prior written consent: a) assign, conveyor
otherwise transfer this license or any interest under it; b) sublet the license corridor or any part thereof;
or c) permit the use or occupancy of the license corridor or any part thereof by anyone other than the
Licensee. This license shall extend to, and bind the successors, heirs, legal representatives and assigns
of the Licensee, if any. The commissioner may require a party who has requested to sublet, use or
occupy the license corridor to obtain a separate license from the State prior to occupying or using the
license corridor.
9. No delay by the State in enforcing any of the conditions of this license shall operate as a waiver of any
of its rights.
10. Placement and Marking of Lines:
A. In over crossings of public waters, lines shall have a minimum clearance of 25 feet above extreme
high water, unless otherwise approved by the Regional Operations Supervisor.
B. As directed by the Regional Operations Supervisor, marker spheres shall be placed on overhead
utility lines directly above the protected water.
C. Any cable or conduit located at a shoreline shall be sufficiently buried at the shoreline so as to
prevent its becoming exposed during droughts or winter drawdowns.
D. As directed by the Regional Operations Supervisor, underwater crossings shall be marked by
permanent signs on the banks at points where the line enters and leaves the protected water.
11. Unless otherwise authorized by the Regional Operations Supervisor, shut-off valves shall be installed
within a pipeline on each side of the water crossing to provide an effective means of halting the release
of product or effluent from the line into the surface waters in the event of a line rupture,
12. To protect fish spawning activities, the commissioner may prohibit work in the stream or work within a
specified distance of the protected water during the spawning season.
13. Licensee must minimize disturbance to natural streambed and shoreline vegetation, including trees and
shrubs. Allowable clearing of banks, shorelines and land adjacent to them is restricted to the minimum
necessary for equipment to complete the installation; banks, shorelines and land adjacent to them
should not be cleared to the full right-of-way width.
14. The beds of the waters described above shall, upon completion of construction or maintenance
operations therein, be restored as nearly as practicable to their original cross-section. Extreme care
shall be exercised to assure that the contours and elevations of the streambed are not changed by this
installation in any manner that would alter the runout elevation of any public waters basins located
upstream of the crossing.
'.
r
15. Erosion:
A. Erosion control measures shall be employed to stabilize the banks. Where necessary to prevent
erosion, streambeds shall be permanently riprapped with natural rock having an average diameter of
12 inches.
B. Erosion control measures shall be adequately designed for site characteristics. They may include
staked hay bales, sediment fences or contouring and shaping. They shall be installed prior to
commencement and maintained throughout the project. All erosion control fences next to a water
body shall run parallel to the contours.
C. Under low flow conditions, the work, as approved by the commissioner, shall be done to minimize
erosion and siltation caused by construction.
D. If downstream bank erosion commences, immediate erosion control measures shall be taken and the
Regional Operations Supervisor notified immediately.
E. Any work below water level shall be encircled by a flotation sediment curtain or other suitable
sediment containment device to prevent sediment from being transported beyond the excavation
area.
F. All disturbed areas shall be stabilized as soon as possible following construction. Topsoil shall be
used to re-dress disturbed soil areas, and indigenous plant species should be used, whenever
possible, to revegetate disturbed areas. This revegetation should occur as early in the season as
possible to permit adequate regrowth.
G. Excavated materials shall not be deposited or stored alongside a protected water in a manner where
the materials can be redeposited into the protected water by reasonably expected high water or storm
run-off.
16. Unless otherwise authorized by the Regional Operations Supervisor, the Licensee shall not apply
herbicides or pesticides to the water in the course of construction or maintenance of the utility line.
17. Emergency repairs and replacements may be made without prior notification to the Regional
Operations Supervisor by the Licensee according to conditions and standards prescribed by Minnesota
Rules, Chapter 6135 and the method of installation identified in this license. The Licensee shall notify
the Regional Operations Supervisor of this activity as soon as practicable.
18. The Licensee shall contact the Regional Operations Supervisor 10 days prior to installation and within
10 days following completion of licensed work for compliance inspection.
19. This license is subject to the SPECIAL PROVrSrONS attached hereto (if none, state none). None.
20. The Regional Supervisor is Paul Purman at (651) 772-7942. Any questions about this license shall be
directed to the Regional Operations Supervisor.
ACCEPTED AND ACKNOWLEDGED
STATE OF MINNESOTA
COMMISSIONER OF NATURAL RESOURCES
Title
f' ,"'1 ('
r'J'~ ,g~ ,~y ~o
C Ov\.rl" ~ .. ~6
(}\~ ~~, ~l d-J
STATE OF M~NE~OTA
APPLICATION FOR LICENSE
TO CROSS PUBLIC LANDS & WATERS
License No. 144-06
Utility's 10. l
(SUBMIT 4 COPIES OF THE APPLICATION AND ATTACHMENTS)
The applicant herein applies pursuant to M.S. 84.415, M.S. 103G, and Minnesota Rules Chapter 6135 and other
applicable statutes for a license to cross PUBLIC LANDS or WATERS described below, in accordance with all
. h . db r' d d h f
maps, plans, specifications and ot er supportlnQ ata su mitted with this app lcatlon an ma e a part ereo.
Name of Utility/Licensee IBI Send license to Utility, Agent for Utility/Licensee o Send license to Agent.
City of Albertville Westwood Professional Services, Inc.
Address (Mailing and Location) Agent Mailing Address
5975 Main Avenue NE, P.O. Box 9, Albertville, MN 55301-0009 7599 Anagram Drive, Eden Prairie, MN 55344
Contact Person Telephone No, Agent's Contact Person Telephone No,
Mr. Pete Carlson 800-572-0617 Genevieve Bolling 952-906-7488
I. UTILITY: (marl< appropriate box)
ELECTRIC: o Transmission o Oisbibution Specify Voltage or Rating:
PIPELINE: o Gases IBI Uquids o Solids in suspension Specify Pipe Diameter: 10" Sanitary
10" Water
COMMUNICATION: 0 Telephone o Cable TV o Other (specify)
II. LICENSE OPTIONS: IBI 50 year o 25 year APPLICATION FEE: $500.00 (effective 7/1103)
NO ACTION WILL BE TAKEN on this application until the application fee is submitted. Application fees are not refundable, even if the
application is withdrawn or denied.
The LICENSE FEE will be calculated by the Deparbnenl DO NOT SUBMIT LICENSE FEE with the application.
III. CROSSING(S): 0 Land IBI Water DO NOT COMBINE land & water crossings on the same application.
In the table below, number consecutively and describe fully each crossing applied for.
IMPORT ANT NOTE: On 8 }'2" x 11" paper, attach a separate plan and cross-section sheet for each crossing, photos optional. Also include
reclamation plans for each site. (Reclamation plans are not needed for low impact crossing.)
No, Govt, Lot or 1/4 1/4 Sec Twp Rng County Water Name Crossing Method Right of Way
or
DNR Land Unit Over Under Low Width Length '
. Impact
..
1) NE Y., NW Y. 36 121N 24W Wright Mud Lake Water 4 10" -T5"
2) NE Yo, NW Yo 36 121N 24W Wright (watercourse) Sewer 4 10" -~
Mud Lake
(watercourse)
-........ {E ~ \E ~ ~ n \E ~
O~
~ OCT - 4 004
~.
, DNR Re~i )n 3
Lands & i 'Iera's
-
. Underwater crossings are subject to inspection and monitoring fees.
.. For Low Impact; indicate a method of construction using these code numbers: 1. Boring or jacking
(Low impact water crossing applications require less DNR review than those of land,) 2. Attach to bridge
3. Use existing conduit
4. Plow into roadbed
I
~~
/
~
rJ"--
...,.1..:11.1.
IgJUU;j
IV. ENVIRONMENTAL PROTECTION, CONSTRUCTION & DESIGN STANDARDS:
Applicant is responsible to ensure that all design & construction personnel are familiar with and follow the requirements of
Minnesota Department of Natural Resources Rules Chapter 6135. The guidelines as listed in Chapter 6135 must be
adhered to. Where conflicts or discrepancies occur and the guidelines cannot be followed. a written statement must be
submitted with this application explaining in detail the conflicts or discrepancies. A license will not be issued until all
discrepancies have been corrected or approved by the Department of Natural Resources.
(!g This proposed crossing complies with all of the environmental standards as listed in Minnesota Rules 6135.1100,
~ Standards For Route Design.
o This proposed crossing does NOT comply with the environmental standards as listed in Minnesota Rules
6135.1100. Attached is an explanation of the conflict or discrepancy.
V. CERTIFICATION:
Applicant declares that the information submitted herein and statements made herein are a true and correct representation
of the facts, and that the filing of this application and information with the Commissioner of Natural Resources is prima
facie evidence of the correctness thereof. Applicant agrees to confonn with and be bound by the tenns of M.S. 84.415,
M.S. 103G. and Minnesota Rules Chapter 6135. and additional tenns of the license applied for, this application and all
attachments of which will become a part.
Trtle
City of Albertville Engineer
Date
tj 'Z4- '2aJ4-
Title
Date
Submit four (4) copies of the application and attachments for processing with $500 fee (effective 7/1/03) to the DNR office
responsible for the county in which the public lands or waters you applvina to cross are located. Please see the attached statewide
Ust of Counties and DNR-Division of lands & Minerals Utility Ucense Contacts to determine the appropriate DNR office.
Reaion 1 -Northwest MN Realon 2-Northeast MN Reaion 3-Central MN ReaJon 4-Southern MN
DNR lands & Minerals DNR Lands & Minerals DNR lands & Minerals DNR Lands & Minerals
2115 Birchmont Beach Rd. NE 1201 E. Highway 2 1200 Warner Rd. 281 Highway 15 South
Bemidji,MN 56601 Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073
218-755-4067 218-327-4393 651-772-7942 507-359-6071
ADDITIONAL INFORMA TlON FOR APPLICANTS:
Any written correspondence from the Minnesota Department of Natural Resources relating to this proposed project must be
included with the application and will become a part of the license record.
If needed, environmental and archeological reviews must be completed before license can be acted on.
Construction standards are set out in the Minnesota Rules Chapter 6135. Applicant should refer to the Rules for specific requirements.
USE OF LOW IMPACT CONSTRUCTION IS ENCOURAGED AND WILL RESUL T IN A SHORTER TIME BETWEEN APPLlCA nON
AND ISSUANCE OF LICENSE, SINCE FIELD INSPECTION NORMALL Y WILL NOT BE NECESSARY BEFORE THE LICENSE IS
ISSUED.
Site Sketches: The site plan and cross section should include all information necessary to describe the installation, including the land
surface profile for the particular crossing site, rather than a "typical site" drawing. Distances from the land surface to water surface,
streambed, overhead lines. bridges, etc. should be included. Distance of towers from streambank and stream bed should be included.
Photos are helpful, but do not take the place of a site plan sketch.
Also state if this is a replacement or upgrade of an existing line. and show the existing line.
Reclamation Plan: Each crossing site where a "low impact construction method" is not used requires a reclamation plan indicating what
the damage will be, what steps win be taken to minimize damage during construction. and what steps will be taken to restabilize the
damaged area immediately after construction.
Common practices for damage control and reclamation are use of sediment traps, silt fences, riprap. mulch. and fiber blankets, but
other methods will be considered.
I
, @ 2004 Westwood Professional Services, Inc.
Data Source(s): USDA FSA DOQ (2003),
o
500
,Feet
1,000
N
A
I Map Document: (P:\99360.01\
9is\19990360.01 SiteLoc.mxd)
9/24/2004 -- 8:35: 19 AM
Towne Lakes
Phase V
Site Location
EXHIBIT 1
I
,~. Westwood Professional Services, Inc.
~, 7599 Anagram Drive
Eden Prairie. MN 55344
952-937-5150
Albertville, Minnesota
@ 2004 Westwood Professional Services, Inc.
O!
-.-,','
-II
.
.'
"-1
~---,
Approxi~ate Location
of UtiliW Crossing
~-"d~.
- ..
..'"'~'~ 0iE-
. ..-
.
.
.....
i _
0,.".'-'.
,.... ',- ~
1\1,
II! "H I ·
.
.
~
~ I
,31
.,~
f r
~
-'
'-.....
~,-
IF
'C~.
.~
.
,=~-
.
.~
__~.~_.:c..'._._
FA
.
'..f'~
..._.~. ..
-'IL
-,,~ "'-"":~
- ---'-""",
Data Source(s): Department of Natural Resources Public Waters Inventory (Wright County, 1984),
o
2,000
,Feet
4,000
N
A
I Map Document: (P:\99360.01\
gis\ 19990360.01 PWl.mxd)
9/24/2004 -- 8:34: 1 0 AM
Towne Lakes
Phase V
DNR Public Waters
and Wetlands Mapping
,~. Westwood Professional Services. Inc.
~, 7599 Anagram Drive
Eden Prairie. MN 55344
952-937-5150
Albertville, Minnesota
EXHIBIT 2