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2005-07-13 Potter Wetland 11120 50111 st. N. E. Buffalo, MN 55313 PIlonejFax 763-682-3740 1leIddoc5701M1g.net 7-13-05 Mr. Michael Potter 1165050ttl St. N. E. Albertville, MN 55301 Dear Mike: Enclosed Is the original copy of the application for withdrawal of credits that needs completion before sending to BWSR. To keep It moving, I need to ask you to do the following: . Sign, print, and date block 6 for certification of user of wetland credits. . Deliver the original signed by you and me to the City of Albertville for their signature In block 7. I would also leave them a copy of the letter from the Corps of Engineers for clarification and their Information. . There Is an extra copy for your records. If they will, you may want to have Albertville sign that one also. . Return the original with sl..atures to me, and I will get the necessary signature of the Corps of Engineers. . (I will submit the completed application to BWSR along with the necessary check for the 6.5% tax on our sale/purchase. BWSR will sign block 9 and return copies as stated In the bottom of the block.) For your Information, I have already faxed for reviewal the application to Tim Fell. I also spoke with Colleen Allen this morning and have hand delivered a copy of the application along with the Corps letter for their Information. When we get BWSR approval, I will see that she gets a signed copy for their records. I am optimistic that this will now go off without a hitch. Sincerely, /C7ft"'" ;k if {/~ ~ Ie: /f.-/ Stanley E. Held DVM APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS FROM THE MINNESOTA WETLAND BANK Return Original to BWSR - Transaction may not be processed without original signatures 2. Impact Site Information 1. PROPOSED USER OF CREDITS Address: 11650 50th St. N. E. Albertville, MN 55301 City State ZIP COlUlty Wright Major Wtrshd No.18 Location: lf4 lf4 Sec 5, Twp.120N, Rge 25W Size of Wetland Impact: 1.7 acres Wetland T~ Impacted: 3 Topo Settin!?: Isolated [pick one: shoreland I riverine I floodplain flow through I tributary I isolated] Required Replacement Ratio: 1.5: 1 WCA I local I CaE ArnOlUlt to be replaced using Bank Credits: 1.7 A ArnOlUlt replaced on site: 0 Project Name: Potter fill site, Albertville Attach replacement plan if additional detail is needed. Name(s) Mike Potter DayPhone (763)497-3131 Other Phone (763)242-2038 3. OWNER / SELLER OF CREDITS 4. Regulating Authority(ies) Approving the Use of Wetland Bank Credits AccolUlt No. 1039 Watershed No. 18 COlUlty: Wright Replacement Plan approved by (check all that apply): 1:8] Local WCA LGU: City of Albertville (Print agency name) Local Permit # Name of Seller: Stanley E. Held NA (Name of Authorized Representative) /'~ Ii / . 7 .L k~l /.. 7:,'. .t!cl (Sigmiture of Seller I uthorized Representative) 1:8] U.S. Army Corps of Engineers: Permit #2004-3076- TJF D MN Dept. of Natural Resources: Permit # D Natural Resources Conservation Service: Permit # D Other authority involved: 'Letters signifY credit sub-groups, which represent wetland areas with different wetland characteristics. Zcircular39 types: I, IL,2, 3,4, 5,6,7, 8,R, U (for Upland Butfer). 3Topographic setting types: shoreland, riverine, floodplain, flow-through, tributary, isolated. 1 acre = 43,560 sq. ft nco o transachon ee Dava eto oar 0 ater esources. 5. CREDITS PROPOSED TO BE WlTIIDRAWN FROM ACCOUNT NO. 1039 Credit Acres Wetland T opo. Setting3 Cost Sub-Group! NWC or PVC withdrawn Type2 (per acre) A NWC 51,400 S.F. 5 isolated $.50/sf B PVC 90,605 S.F. upland buffer $.1 2472/sf [pick one] [pick one] [pick one J [pick one] Totals: DEI sed 6 50/< fj bl "B d fW & SoilR Page 1 of2 BWSR Form: wca-bank-05 (online withdrawal form).doc Revised lJ04/05 6. CERTIFICATION OF USER OF WETLAND CREDITS The proposed user of credits hereby certifies that ht!/she: a) either owns the subject wetland credits or has entered into an agreement to purchase said credits, subject to the approval of all applicable regulatory authorities and b) has filed appropriate plans, specifications and application forms with all applicable regulatory authorities that describe the wetland or water resource impacts for which the subject wetland credits will be utilized for mitigation purposes. User of Credits Michael Potter PRINT Name Date 7. RE.GULATORY AUTHORITY APPROV AL(S) The following authorized representatives of the regulatory authority (ies) identified on page I of this application hereby certiIY that they have: a) verified that the subject wetland credits are deposited in the account of the owner I seller, b) approved a wetland replacement plan or other water resource impact under their jurisdiction, and c) approved the proposed use of the wetland bank credits described herein. City of Albertville PRINT Name ofWCA LGU Oftieial Signature of Authorized WCA LGU Oftidal Date U S Army Corps of Engineers PRINT Name of Other Regulatory Oftieial (if any) Signature of Other Authorized Oftieial Date Ageney Address of Other Regulatory Offieial 8. CERTIFICATION OF OWNER / SELLER OF CREDITS I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certiIY that: 1) the credits described in this application have either been sold to the user of credits or I will use them to mitigate wetland impacts for my own project, 2) I have received payment in full from the buyer (if applicable), 3) the credits have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the project site information block on the previous page, 4) the subject wetland credits should be withdrawn my account, 5) I will not have a negative balance of credits after the subject credits are debited from my account, and 6) the Annual Fee for this account has been paid (or will be with an enclosed check). ..~r;~ 2, #f4 Atithorized signa~ of Owner / Seller of Credits 7 " /~ -'r:! 5"' Date 9. BWSR APPROVAL AND DEBITING OF ACCOUNT I hereby certiIY that the credits have been properly debited from the subject account, effective the date of signature. Authorized Signature Date Upon approval by BWSR, a copy of this instrument will be mailed to the user of the credits, all regulatory authorities involved, the account holder and the Board Conservationist. A letter will also be sent to the account holder aclmowl . the debit and new account balance. IMPORTANT REMINDERS 1. The Owner / SeDer of the eredits is responsible for submittal of this form, oontaining original signatures, to the BWSR Wetland Bank Administrator so the affected aeoount ean be properly debited. 2. No impacts to any wetland or other water resouree may commenee until the eredits have been debited from the Minnesota Wetland Mitigation Bank and a eopy ofthis approval has been mailed to the regulatory authority(ies), the aeeount holder and the user of the credits. 3. It is a criminal offense for a seller of wetland credits to seD eredits more than one time. It is the responsibility of the account holder to report any credit sales that are not noted on the most current official BWSR account balance. Page 2 of2 BWSR Form: wca-bank-05 (online withdrawal form).doc Revised 1/04/05 ~ Q. o \J APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS FROM THE MINNESOTA WETLAND BANK Return Original to BWSR - Transaction may not be processed without original signatures 1. PROPOSED USER OF CREDITS 2. Impact Site Information Name(s) Mike Potter COlmty Wright Major Wtrshd No.18 Location: \4 \4 Sec 5, Twp.120N, Rge 25W Size of Wetland Impact: 1.7 acres Wetland Types2 Impacted: 3 Topo Setting3: Isolated [pick one: shoreland 1 riverine 1 floodplain flow through 1 tributary 1 isolated] Required Replacement Ratio: 1.5: 1 WCA 1 local 1 CaE Amount to be replaced using Bank Credits: 1.7 A Amount replaced on site: 0 Project Name: Potter fill site, Albertville Attach replacement plan if additional detail is needed. Address: 11650 50th St. N. E. Albertville, MN 55301 City State ZIP DayPhone (763)497-3131 Other Phone (763)242-2038 3. OWNER / SELLER OF CREDITS 4. Regulating Authority(ies) Approving the Use of Wetland Bank Credits Account No. 1039 Watershed No. 18 County: Wright Replacement Plan approved by (check all that apply): [gI Local WCA LGU: City of Albertville (print agency name) Local Permit # Name of Seller: Stanley E. Held NA (Name of Authorized Representative) (Sigrratfii(i~~~uth~~f;1tauve) DEI sed 6 5% tr [gI U.S. Army Corps of Engineers: Permit #2004-3076- TJF o MN Dept. of Natural Resources: Permit # o Natural Resources Conservation Service: Permit # o Other authority involved: ti fi bl t "B d fW t & S il R nco 0 ansac on ee nava e 0 oar 0 aer 0 esources. 5. CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. 1039 Credit Acres Wetland Topo. Setting3 Cost Sub-Groupl NWC or PVC withdrawn Type2 (per acre) A NWC 51,400 S.F. 5 isolated $.50/sf B PVC 90,605 S.F. upland buffer $. 12472/sf [pick one] [pick one] [pick one] [pick one] Totals: lLetters signifY credit sub-groups, which represent wetland areas with different wetland characteristics. 2Circular39 types: I,lL, 2, 3,4, 5,6,7, 8,R, U (forUplanlBuffer). 3Topographic setting types: shoreland, riverine, floodplain, flow-through, tributary, isolated. 1 acre = 43,560 sq. ft. Page 1 of2 BWSR Form: wca-bank-05 (online withdrawal form).doc Revised 1/04/05 ~ 6. CERTIFICATION OF USER OF WETLAND CREDITS Ie proposed user of credits hereby certifies that he/she: a) either owns the subject wetland credits or has entered into an l-eement to purchase said credits, subject to the approval of all applicable regulatory authorities and b) has filed appropriate '" 10>, . ' specifi~ations and applic.ati~ forms ~th all app~~ab~e regulatory authorities that describe the wetland or water resource impacts for ~ ~ch the subject wetland credits will be utilized for nntigation purposes. Q., Michael Potter o ~uthorized Si nature of Pro osed User of Credits PRINT Name \J Date 7. REGULATORY AUTHORITY APPROV AL(S) !The following authorized representatives of the regulatory authority (ies) identified on page I of this application hereby certify that they have: a) verified that the subject wetland credits are deposited in the account of the owner / seller, b) approved a wetland replacement plan or other water resource impact under their jurisdiction, and c) approved the proposed use of the wetland bank credits described herein. City of Albertville PRINT Name ofWCA LGU Official Signature of Authorized WCA LGU Omcial Date U S Army Corps of Engineers PRINT Name of Other Regulatory OtTlCial (if any) Signature of Other Authorized Official Date Agency Address of Other Regulatory Official 8. CERTIFICATION OF OWNER / SELLER. OF CREDITS I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certify that: 1) the credits described in this application have either been sold to the user of credits or I will use them to mitigate wetland impacts for my own project, 2) I have received payment in full from the buyer (if applicable), 3) the credits have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the project site information block on the previous page, 4) the subject wetland credits 'should be withdrawn my account, 5) I will not have a negative balance of credits after the subject credits are debited from my account, and 6) the Annual Fee for this account has been paid (or will be with an enclosed check). ,JJ;~ ~. klf4 Allthorized Signa~ of Owner I Seller of Credits 7 ,- /:f;> -ds Date 9. BWSR APPROVAL AND DEBITING OF ACCOUNT I hereby certify that the credits have been properly debited from the subject account, effective the date of signature. Authorized Signature Date- Upon approval by BWSR, a copy of this instrument will be mailed to the user of the credits, all regulatory authorities involved, the account holder and the Board Conservationist. A letter will also be sent to the account holder acknowl . the debit and new account balance. IMPORTANT REMINDERS 1. The Owner I Seller of the credits is responsible for submittal of this form, containing original signatures, to the BWSR Wetland Bank Administrator so the affected account can be properly debited. 2. No impacts to any wetland or other water resource may commence until the credits have been debited from the Minnesota Wetland Mitigation Bank and a copy of this approval has been malled to the regulatory authority(ies), the account holder and the user of the credits. 3. It is a criminal offense for a seller of wetland credits to sell credits more than one time. It is the responsibility of the account holder to report any credit sales that are not noted on the most current official BWSR account balance. Page 2 of2 BWSR Form: wca-bank-05 (online withdrawal form).doc Revised 1/04/05 r X G- o U DEPARTMENT OF THE ARMY St. Paul District Corps of Engineers 190 Fifth Street East St. Paul, Minnesota 55101-1683 ~C"'7'/ b5I' j) '76 -:;- ~ .3 0 REPLY TO A TTENTION OF JUN 0 7 2005 Operations Regulatory (2004-3076- TJF) Mr. Michael Potter 11650 57th Street Northeast Albertville, Minnesota 55301 Dear Mr. Potter: This is in reference to your proposed purchase of wetland mitigation credits to compensate for wetland filling that has occurred at a site in the City of Albertville near the intersection of County Highway 37 and Mackenzie Avenue. It was previously determined that approximately 74,000 square feet (1.7 acres) of wetland had been filled in the northern portion of this site. It appears that some of this filling occurred while a Corps of Engineers permit was valid, and some occurred after this permit expired. Mr. Stanley Held has advised our office that you have had discussions about purchasing mitigation credits that he has available at a bank site located northeast of Buffalo. The bank site is about 11 miles to the west, in Section 5, T120N, R25W, Wright County, Minnesota. This bank is referred to as the Longbow Lake Bank - account number 1039 with the Minnesota Board of Soil and Water Resources. We understand that he has 1.18 acres of new wetland and 4.68 acres of public value credits remaining. The Corps will accept the purchase of 1.18 acres of new wetland and 2.08 acres of enhanced wetland (referred to as public value credits by the Minnesota Wetland Conservation Act) as adequate to compensate for the 1.7 acres of filling that has occurred. Please provide our office v'lith evidence that these credits have been purchased. You are reminded that smaller areas of fill in the southern portion of your site as well as the sidecast material near the outlet at Mackenzie Avenue must be removed by July 19,2005. According to information from Wright County these areas total about 7,600 square feet. Fill material shall be removed down to the level of the adjacent wetland, so that wetland vegetation becomes re-established. Please notify our office after completion of this restoration, so that Corps staff can verify that restoration has been accomplished. .. Although we have accepted this resolution for.the past placement offill material into wetlands, it should not be construed that a Corps permit will be issued for additional filling in the future. We will expect you to submit a complete Department of the Army permit application, Printed on * Recyded Paper - 2 - I" ~ Q. " \J with appropriate justification, and a full discussion of a project purpose and need, so that we can evaluate any request for additional wetland filling. Please note that we now consider you to be informed ofthe permitting requirements of the Clean Water Act Should you, be involved in any further violations occurring on this or other properties, we will consider the violation to be repeat. and/or flagrant, and will consider referring the matter to the U.S. Department of Justice or the U.S. Environmental Protection Agency for enforcement If you have any questions regarding this matter, please contact Mr. Tim Fell at (651) 290- 5360. In any correspondence or inquiries, please refer to the file number shown above. Sincerely, ~ '{'. cJ~JL "^- Robert J. Whiting d . Chief, Regulatory Branch Copy furnished: Wright County SWCD BWSR GME,1Jlc.- Stat1l.eY Held ;, u.~. Army corps ot EngIneers ,1. Paul District L90 5th St. East it. Paul, Minnesota 55101-1638 'FFICIAL BUSINESS OP-R Stanley Held 1120 50th Street NE Buffalo,~ 55313 "'"' 1120 50th Sl N. E. Buffalo, MN 55313 PIlone/Fax 763-682-3740 beldd0c57@bWig.net 7-13-05 Mr. Michael Potter 1166050th Sl N. E. Albertville, MN 55301 Dear Mike: Enclosed Is the original copy of the application for withdrawal of credits that needs completion before sending to BWSR. To keep It moving, I need to ask you to do the following: e Sign, print, and date block 6 for certification of user of wetland credits. . Deliver the original signed by you and me to the City of Albertville for their signature In block 7. I would also leave them a copy of the letter from the Corps of Engineers for clarification and their Information. . There Is an extra copy for your records. If they will, you may want to have Albertville sign that one also. . Return the original with signatures to me, and I will get the necessary signature of the Corps of Engineers. . (I will submit the completed application to BWSR along with the necessary check for the 6.5% tax on our sale/purchase. BWSR will sign block 9 and return copies as stated in the bottom of the block.) For your Information, I have already faxed for reviewal the application to Tim Fell. I also spoke with Colleen Allen this morning and have hand delivered a copy of the application along with the Corps letter for their Information. When we get BWSR approval, I will see that she gets a signed copy for their records. I am optimistic that this will now go off without a hitch. Sincerely, ik .11 ~'l ~~~.V. . Ce.L l ". Stanley E. Held DVM APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS FROM THE MINNESOTA WETLAND BANK Return Original to BWSR - Transaction may not be processed without original signatures 1. PROPOSED USER OF CREDITS 2. Impact Site InformatioD DayPhone (763)497-3131 Other Phone (163)242-2038 County Wright Major Wtrshd No. IS Location: ~ ~ See 5, Twp.120N, Rge 25W Size of Wetland Impact: 1.1 acres Wetland TypeS2 Impacted: 3 T opo Settini: Isolated [pick one: shoreland I riverine I floodplain flow through I tributary I isolated] Required Replacement Ratio: 1.5: 1 WCA / local 1 COE Amount to be replaced using Bank Credits: 1.7 A Amount replaced on site: 0 Project Name: Potter till site, Albertville Attach replacement plan if additional detail is needed. Name(s) Mike Potter Address: 11650 50th S1. N. E. Albertville, MN 55301 City State ZIP 3. OWNERI' SELLER OF CREDITS 4. Regulating Authority(ies) Approving the Use of Wetland Bank Credits Account No. 1039 Watershed No~ 18 County: Wright Replacement Plan approved by (check all that apply): ~ Local WCA LGU: City of Albertville (Print agency name) Local Permit "# Name of Seller: Stanley E. Held ~ u.s. Army Corps of Engineers: Permit #2004-3076-TJF o MN Dept. of Natural Resources: Permit "# o Natural Resources Conservation Service: Permit # o Other authority involved: NA (Name of Authorized Representati.ve) o Enclosed 6 5% transaction fee~ p.avable to "Board of Water & Soil Resources. 5. CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. 1039 Credit Sub-Groupl NWC or pve Acres withdrawn Wetland Type2 Topo. Setting3: Cost (per acre) isolated $.50/sf A B NWC pve 51,400 S.F. 90,605 S.F. 5 [pick one] [pick one] upland buffer [pick one] [pick one] $. 12472/sf Totals: lLetters signifY credit sub-groups~ which represent wetland areas with different wetland characteristics. 2Circular 39 types: 1, lL~ 2,3,4, 5, 6~ 7 ~ 8, R, U (for Upland Buffer). 3Topographic setting types:shoreland" riverine, floodplain, flow-through, tributary, isolated. I acre = 43,560 sq. ft Page 1 of2 BWSR Form: wea-bank-05 (online withdrawal form).doe Revised 1/04/05 6. CERTIFICATION OF USER OF WETLAND CREDITS Theproposed user of credits hereby certijies that helshe: a) either owns the subject wetland credits or has entered into an agreement to purchase said credits, subject to the approval of an applicable regulatory authorities and b) has filed appropriate plans, specifications and application forms with all applicable regulatory authorities that describe the wetland or water resource impacts for which the subject wetland credits will be utilized for mitigation purposes. ^-uthorized SiRDatore of Proposed User of Credits Michael Potter PRINT Name Date 7. RE,GULATORY AUTHORITY APPROVAL(S) The fonowing authorized representatives of the regulatory authority (ies) identified on page 1 of this application hereby certifY that they have: a) verified that the subject wetland credits are deposited in the account of the owner I seller, b) approved a wetland replacement plan or other water resource impact under their jurisdiction, and c) approved the proposed. use of the wetland bank credits described herein. City of Albertville PRINT Name ofWCA LGU Official Signature of Authorized WCA LGU Omcial Date U S Army Corps of Engineers PRINT Name of Other Regulatory OMcial (if any) Signature of Other Authorized Official Date Agency Address of Other Regulatory Official 8. CERTIFICATION OF OWNER I SELLER OF CREDITS I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certify that: 1) the credits described in this application have either been sold to the user of credits or I will use them. to mitigate wetland impacts for my own project, 2) I have received payment in fun from the buyer (if applicable), 3) the credits bave not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the project site information block on the previous page, 4) the subject wetland credits should be withdrawn my account, 5) I will not have a negative balance of credits after the subject credits are debited from my account, and 6) the Annual Fee for this account has been paid (or will be with an enclosed check). 7 ~~ /~ .-,t1" ~ Date 9. BWSR APPROVAL AND DEBITING OF ACCOUNT I hereby certifY that the credits have been properly debited from the subject account, effective the date of signature. Authorized Signature Date Upon approval by BWSR, a copy of this instrument will be mailed to the user of the credits, all regulatory authorities involved, the account holder and the Boord Conservationist. A letter will also be sent to the account holder acknowledWn~ the debit and new account balance. IMPORTANT REMINDERS 1. The Owner I SeDer of the credits is responsible for submittal of this form, containing original signatures, to the BWSR Wetland Bank Administrator so the atJected account can be properly debited. 2. No impacts to any wetland or other water resource may commence untn the credits have been debited from the Minnesota Wetland Mitigation Bank and a copy of this approval has been malled to the regulatory authority(ies), the account holder and the user of the credits. 3. It is a criminal offense for a seDer of wetland credits to seU credits more than one time. It is the responsibility of the account holder to report any credit sales that are not noted on the most current official BWSR account balance a Page 2 of2 BWSR Form: wca-bank-05 (online withdrawal form).doc Revised 1/04/05