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2009-02-16 2008 Annual Monitoring Report- Hunters Pass Albertville, Minnesota 2008 Annual Monitoring Report Prepared for City of Albertville by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2009-002) February 16, 2009 KjoLHAuGENVIRONMENTAL SERVICES COMPANY Providing Sound, Balanced, Comprehensive Natural Resource Solutions Letter of Transmittal TO: NAME COMPANY Project Adam Nafstad Bolton & Menk, Inc. Hunter's Pass Ir-411, Bolton & Menk, Inc. Lary Kruse City of Albertville Colleen Allen Wright County SWCD Brad Wozney Minnesota BWSR Andy Beaudet ACOE CC: Josh Richardson Prairie Restorations, Inc. FROM: NAME DATE Copies Description Kelly Kunst 2/16/09 1 2008 Annual Monitoring Report 0 FYI ❑ For Your Review ❑ Please Reply ❑ As We Discussed • Comments: Enclosed is the 2008 Annual Monitoring Report for the Hunter's Pass Development in Albertville, MN. Please review the report and feel free to contact me if you have any questions. 26105 Wild Rose Lane, Shorewood, Minnesota 55331, Phone: 952-401-8757, Fax: 952-401-8798 Hunters Pass Albertville, Minnesota 2008 Annual Monitoring Report I. INTRODUCTION Wetland Replacement monitoring is required for up to five [5] years following the completion of a wetland replacement project to determine if the replacement wetland achieves the goal of mitigating functions and values lost due to project impacts. The replacement wetland should meet both the general and specific requirements as outlined in Section 8420.0550 Subpart 1. of the 2002 Wetland Conservation Act Rules (Appendix A). This report presents observation for the 2008-monitoring year for the Hunters Pass Development in Albertville, Minnesota. The Hunters Pass development was located in the NE'/4 of Section 36, Township 121N, Range 24W, City of Albertville, Wright County, Minnesota (Figure 1). The 2008 monitoring site visit took place on September 23`d. At that time vegetation was actively growing, temperatures were in the 70's, and hydrology was assumed to be dryer than normal due to below average precipitation during the months preceding the site visit (Appendix B). II. PROJECT SUMMARY A total of 1.81 acres (78,844 square feet (sf)) of Type 1 and 3 wetland were impacted as part of the Hunters Pass Development. Required replacement was at a 2:1 ratio for a total of 3.62 acres (157,687 sf) of replacement, half of which must be New Wetland Credit (NWC). Seven Replacement Wetlands totaling 2.51 acres (109,118 sf) of NWC were approved for creation while only 1.81 acres (78,884 sf) of NWC were required for project specific replacement (Figures 2, 2A, and 2B). Extra NWC was created to ensure enough NWC was established for project replacement even if new wetlands were smaller than predicted. Public Value Credit (PVC) replacement was to be derived from a combination of upland buffer adjacent to the new wetlands, preserved buffer areas, and stormwater treatment ponds (Figure 3). Buffer averaging 30-feet in width was to be established adjacent to all Replacement Wetlands and existing wetlands and was to be seeded with a native mesic prairie seed mix. Four areas of existing woodland totaling 51,886 sf were to be preserved. Areas that were utilized as PVC replacement consisted of one preserved buffer area of 17,538 sf adjacent to RA 5, 80,810 sf of native seeded buffer, and five stormwater treatment ponds totaling 82,777 sf. III. MONITORING BACKGROUND/ SITE HISTORY 2008 represents the third year the replacement wetlands on the Hunters Pass development were monitored. An annual monitoring report was prepared and submitted in 2006. Although the site was monitored in 2007, a report was not submitted that year. The City of Albertville granted approval for the Wetland Replacement Plan in May 2005 (Permit No. 2005-001) and the Army Corps of Engineers granted approval on April 2Is', 2005 (Permit # 04-161467-TJF) (Appendix A). Construction of the replacement wetlands (with the exception of Replacement Area 3) was completed by the end of 2005, and seeding of all replacement wetlands was done in May of 2006 by Prairie Restorations, Inc. (PRI). Mowing and spot herbicide applications for maintenance purposes occurred during the 2006 and 2007 growing seasons. According to the original developer (Minnesota Development Agency), the Declaration of Restrictions and Covenants over the replacement wetlands and buffer have been recorded. The only recommendation from the 2006 report was to complete the construction and seeding of Replacement Area 3 (RA 3), which has since been constructed. In 2006 buffer signs were installed adjacent to Replacement Areas 5 and 6. The location of future buffer signs were staked with wood lath adjacent to Replacement Areas 1, 2, 3 and 4 as they were (and are still) undeveloped lots. No signs were planned adjacent to Replacement Area 7 as this area is not located adjacent to future home sites. The boundaries of all replacement areas (except for RA 3) were located with a Leica GPS unit (with submeter accuracy) at the time of the 2006 monitoring site visit. The boundary was subsequently overlaid onto the approved wetland replacement plan to determine the actual amount of new wetland credit established on the site (Figures 4 to 4D). The survey shows the location of the original wetland delineation, the location of the GPS-located new wetland boundary (labeled as -built field data), and actual NWC as cross hatching. For several of the replacement wetlands, the grading plan included some minor scraping into adjacent existing wetlands to construct a smooth transition between the new and original edge which explains why the GPS-located boundary (as -built data) is shown within the existing wetland in many cases. Only new wetland areas outside of the original wetland were counted as NWC. Details of the survey will be discussed in the results section. IV. METHODS Vegetation and hydrology were documented at fixed photo reference points as shown on Figures 5, 7, 9, 11, 13, 15, and 17. Plant species dominance was estimated based on a meander survey throughout the new wetland area. The location, composition, and extent of plant communities was described for each replacement area. Hydrology characterizations consisted of aerial coverage estimates during the site visit. Photographs 2 were taken at one to three fixed photo points at each replacement wetland and were referenced to fixed points identified on the wetland replacement plan and labeled accordingly. All field observations took place during the growing season. V. RESULTS Replacement Area I (RA1) (Figures 5 and 6) A total of 6,184 sf of NWC was to be created adjacent to existing wetland by excavating down to elevations ranging from 947.0 to 948.0 msl to create saturated and emergent wetland that blended with the original wetland edge. Hydrology was to be supplied by groundwater and shared hydrology from the adjacent wetland. Based on the delineation, a total of 5,987 sf of new wetland was created in RA 1. At the time of the September, 2008 site visit conditions ranged from dry to saturated, however it appeared the basin had been inundated earlier in the growing season as evidenced by cracked soil surfaces. RA 1 was well vegetated and the plant community was dominated by witch grass, spike rush, common plantain and barnyard grass. Details of the observed plant community are included in Figure 5. Buffer Description A total of 15,246 sf of buffer was proposed adjacent to the west edge of the new wetland and was to extend west along existing wetland. At the time of the site visit the buffer was well vegetated and dominated by natives. The plant community is described in Table 1. Table 1. RA 1 Buffer Species % Cover Species % Cover Schizachyrium sco arium 15 Echinaceu urpurea Trace Elymus canadensis 15 Verbascum thapsus Trace Andro 0 on gerardii 15 Melilotus alba Trace Ratibida pinnata 15 Phalaris arundinacea Trace Bouteloua curti endula 15 Tri olium s . Trace Bromus 'a onicus 10 Cirsium arvense Trace Rudbeckia hirta 5 Achillea mille olium Trace Sor hastrum nutans 5 Poa com ressa Trace Monarda fastulosa 2 Aster sp. Trace Helio sis helianthoides 2 Replacement Area 2 (RA2) (Figures 7 and 8) A total of 3,231 sf of NWC was to be created adjacent to existing wetland by excavating down to elevations ranging from 947.0 to 949.0 msl to create saturated and emergent wetland that blended with the original wetland edge to the east. Hydrology was to be supplied by groundwater and shared hydrology from the adjacent wetland. Based on the 2006 GPS delineation, a total of 2,625 sf of NWC was established in RA 2. At the time of the site visit no standing water was present however RA 2 was inundated earlier in the growing season as evidenced by cracked soil surfaces and algal mats in the lowest areas. RA 2 was dominated by spikerush and manyfruit primrose -willow (Ludwigia polycarpa). Details of the plant community are described in Figure 7. Buffer Description A total of 27,878 sf of buffer was proposed adjacent to the west and north edge of the new wetland and was to extend east along existing wetland. Since most of this buffer area extends well east of the replacement wetland, only one-third (9,148 sf) of the total area will be calculated as PVC. Buffer adjacent to the north side of RA 2 was consistent with the plant community described in Table 1. Buffer further east of RA 2 was slightly different in that white panicled aster, fringed brome, and Canada bluegrass represented more cover than the community described in Table 1. Replacement Area 3(RA3) (Figures 9 and 10) A total of 4,356 sf of NWC was to be created adjacent to existing wetland by excavating _ down to elevations ranging from 950.0 to 951.0 msl to create saturated and emergent wetland that blended with the original wetland edge. Hydrology was to be supplied surface runoff and shared hydrology from the adjacent wetland. Replacement Area 3 was not delineated in 2006 since construction was not yet completed. For the purposes of calculating total NWC on the site, it will be assumed that 4,356 sf of wetland was established in RA 3. The new wetland boundary will be GPS-located in 2009 to determine its actual size. At the time of the site visit, RA 3 was without standing water and the area had been mowed. For that reason, a plant community was not described for RA 3. Soil was being stockpile adjacent to the northeast side of RA 3 and was eroding into the basin. Based on past hydrology observations, it is possible that less NWC is established in RA 3 than originally proposed. Buffer Description A total of 6,970 sf of PVC buffer was to be established adjacent to Replacement Area 3 At the time of the 2008 site buffer areas adjacent to the northeast part of RA 3 were disturbed and included more cover of species such as mare's tail, clover, sweet clover and annual ragweed. Otherwise buffer generally consisted of the plant community described in Table 2. Table 2. RA 3 Buffer Species % Cover Species Cover Elymus canadensis 20 Ralibida innata 5 .Cchimrhvrium sconarium 10 Verbascum thapsus 5 Andro a on gerardii 10 Melilotus alba 5 Poa compressa 10 Phalaris arundinacea 5 Tri olium s . 10 Achillea millefolium 5 Rudbeckia hirta 5 Cirsium arvense 2 Sor hastrum nutans 5 Replacement Area 4 (RA4) (Figures 11 and 12) A total of 7,462 sf of NWC was to be created adjacent to existing wetland by excavating down to elevations ranging from 947.0 to 950.0 msl to create saturated and emergent wetland that blended with the original wetland edge. Hydrology was to be supplied by groundwater and shared hydrology from the adjacent wetland. Based on the delineation, a total of 6,641 sf of NWC was established in RA 4. It appeared approximately 20 percent of RA 4 had been inundated earlier in the growing season as indicated by cracked soil surfaces, however at the time of the site visit no standing water was present. Most of the wetland was dominated by fowl bluegrass and approximately 20 percent dominated by cattail and spikerush. Details of the plant community are described in Figure 11. _ Buffer Description A total of 11,326 sf of buffer was proposed to surround the new wetland (with the exception of the south edge) and was to extend east along existing wetland. Buffer adjacent to RA 4 is described in Table 3. Buffer further east of RA 4 was similar except that wild bergamot made up 10 percent cover and gray -headed coneflower represented 30 percent. Table 3. RA 4 Buffer Species % Cover Species % Cover Elymus canadensis 25 Rudbeckia hirta 5 Sor hastrum nutans 15 Achillea mille alium 5 Ratibida innata 10 Melilotus alba 2 Schizachyrium scoparium 10 Phleum pretense 2 Andro 0 on gerardii 5 Ratibida columnifera Trace Poa com ressa 5 Po ulus deltoides Trace Bouteloua curti endula 5 Cirsium vul are Trace Tri olium s . 5 Sym hiotrichum lanceolatum Trace Replacement Area 5 (RA5) (Figures 13 and 14) A total of 4,660 sf of NWC was to be created adjacent to existing wetland by excavating r down to elevations ranging from 947.0 to 948.0 msl to create saturated and emergent wetland that blended with the original wetland edge to the west. Hydrology was to be supplied by groundwater and shared hydrology from the adjacent wetland. Based on the delineation a total of 3,915 sf of NWC was established in RA 5. At the time of the site visit approximately 80 percent of RA 5 was saturated and appeared to have been inundated earlier in the growing season. The plant community was dominated by fowl bluegrass and included numerous native non -dominants. Details of the plant community are included in Figure 13. Buffer Description A total of 17,538 sf of preserved buffer was originally proposed along the east edge of Replacement Area 5. It did not appear 17,538 sf of buffer was preserved adjacent to RA 5, but rather an amount likely less than 3,000 sf based on visual estimates. However, a diverse native buffer was established by seeding disturbed areas adjacent to the wetland as described in Table 4. Table 4. RA 5 Buffer Species % Cover Species % Cover Elymus canadensis 20 Monarda frstulosa 5 Schizachyrium sco arium 20 Poa com ressa 5 Ratibida pinnata 15 Achillea millefolium Trace Sor hastrum nutans 15 Verbascum tha sus Trace Andro o on erardii 10 Ratibida innata Trace Bouteloua curtipendula 10 Replacement Area 6 (RA6) (Figures 15 and 16) A total of 6,343 sf of NWC was to be created adjacent to existing wetland by excavating _ down to elevations ranging from 947.0 to 950.0 msl to create saturated and emergent wetland that blended with the original wetland edge to the south. Hydrology was to be supplied by groundwater and shared hydrology from the adjacent wetland. Based on the delineation a total 8,215 sf of NWC was established in RA 6. At the time of the site visit approximately 90 percent of the wetland was inundated with less than a foot of water, and the remainder was saturated. The highest portions of RA 6 were dominated by fowl bluegrass and green bulrush and the lower portions by cattail and spikerush. Details of the observed plant community are included in Figure 15. Buffer Description A total of 7,628 sf of buffer was proposed adjacent to the north and west sides of RA 6. Buffer adjacent to RA 6 consists of the plant community similar to that described in Table 4 however it includes approximately 15% cover of sweet clover. In addition, a wood chip trail is established through portions of the buffer and a small area around the buffer post is planted in sod. Overall these encroachments represent less than 100 sf of buffer. Replacement Area 7 (RA7) (Figures 17 and 18) A total of 76,882 sf of NWC was to be created adjacent to existing wetland by excavating down to elevations ranging from 947.0 to 950.0 msl to create saturated and emergent wetland that blended with the original wetland edge. Hydrology was to be supplied by groundwater, surface runoff, and shared hydrology from the adjacent wetland. The NWC calculation for RA 7 was done using Arcview software combined with the GPS information. Based on this calculation, a total of 77,925 sf of NWC was established in RA 7. At the time of the site visit no standing water was present in the basin, however it appears approximately 50 percent of the wetland was inundated earlier in the growing season as indicated by cracked soil surfaces. The highest portions of the wetland were dominated by fowl bluegrass and big bluestem and lower portions by cattail, spikerush, and fowl bluegrass. Details of the observed plant community are included in Figure 17. Buffer Description A total of 30,492 sf of buffer was proposed adjacent to the east edge of the new wetland. At the time of the site visit the buffer plant community consisted of a mix of weedy and native species and is described in Table 5. Table. 5 RA 7 Buffer Species % Cover Species % Cover Melilotus albs 30 Poa com Tessa 5 EI mus canadensis 15 Monard istulosa 5 Unknown grass 15 Tri olium s . Trace Achillea millefolium 10 Sor hastrums nutans Trace Rudbeckia hirta 10 Populus deltoides (seedlings) Trace Taraxacum officinale 5 Ratibida pinnata Trace Conyza canadensis 5 Les edeza ca itata Trace VI. DISCUSSION Table 6 summarizes the actual amount of NWC established on the site. Buffer PVC was not calculated. It is assumed that sufficient PVC has been established on site from the _ combination of stormwater ponds, native buffer and preserved buffer areas which was proposed to total 181,125 sf (4.16 acres), 102,281 sf (2.35 acres) in excess of required PVC replacement. Tnhle 6_ (credit Summary Area Name Proposed NWC (sf) Actual NWC (s RA 1 6,184 5,987 RA 2 3,231 2,625 RA3 4,356 4,356* RA 4 7,462 6,641 RA 5 4,660 3,915 RA 6 6,343 8,215 RA 7 76,882 77,925 Total 109,118 109,664 Required NWC 78,843 78,843 Excess NWC 30,275 30,821 *Actual size is assumed until 2009 delineation Based on this calculation, sufficient NWC has been established on the site, whether Replacement Area 3 is included in the total. VII. MANAGEMENT ISSUES/RECOMMENDATIONS • Prairie Restorations should continue spot herbicide applications to weedy and invasive species in all Replacement areas through the 2009 growing season. Particular attention is needed in buffer adjacent to Replacement Area 6 and both wetland and buffer areas of Replacement Area 7. • Replacement Area 3 should be delineated in 2009 to determine its actual size. • Buffer signs should be installed adjacent to all replacement wetlands to deter future encroachment. 8 Hunters Pass Albertville, Minnesota Figures: Figure 1: Site Location Map Figure 2: Grading Plan Figure 2A: Mitigation Detail Figure 2B: Mitigation Detail Figure 3: Buffer Areas Figure 4: GPS-Located Wetland Boundaries Figure 4A: As -built delineation -RA 1 & 2 Figure 4B: As -built delineation -RA 4 & 5 Figure 4C: As -built delineation -RA 6 Figure 5: Replacement Area 1 Data Sheets Figure 6: Replacement Area 1 Photographs Figure 7: Replacement Area 2 Data Sheets Figure 8: Replacement Area 2 Photographs Figure 9: Replacement Area 3 Data Sheets Figure 10: Replacement Area 3 Photographs Figure 11: Replacement Area 4 Data Sheets Figure 12: Replacement Area 4 Photographs Figure 13: Replacement Area 5 Data Sheets Figure 14: Replacement Area 5 Photographs Figure 15: Replacement Area 6 Data Sheets Figure 16: Replacement Area 6 Photographs Figure 17: Replacement Area 7 Data Sheets Figure 18: Replacement Area 7 Photographs 9 Note: Site boundaries on this figure are approximates and do not constitute an official survey product. 37 52 57th St NE m a 55th St NE 19 50rd St NE 51 st St NE v D 4 p co z — o d M w D o m 167th z M St NE 37 60th St NE L St NE St. Michael Figure 1— Site Location Map _ Hunters Pass (KES No. 2009-002) Albertville, Minnesota _ U�TT/r TN No Scale KJOLHAUG ENVIRONMENTAL SERVICES COMPANY �w ��v 0 lux rk tz o all $ z pSS� W fall 11P I !y '-- a -.1 / •% ..� • i \'\ ;; � �� < 'if r.r ry W R W %I'- 1 �/ Mil ,T. 9 LO Arl H G ................ E 1 a I t r .. -::. : ..::: : ::.: 8 2 Z �1 { i t € a .8 a 8 3XV7 S�3tjvn8 0 o" '11 1 L \ �o .: .. 8 � tr 0 0 I w k4- ;R ;�S= -ZL9 7 yj M31 4E; 7.7 . . . . . . . . . . ON mo MWo WMA '741 gm in �7T4��.J��'1A- - •� j'I A) ��fi�i�irr� 7 A 'L§L4 to" Rp bQ1 FA egg LrIT jr 11 L mu x7r, I I 55 - RN MY-� Ili � ,��- OW 2,11 0) 20 z (4 it C life W NNII Note: Site boundaries on this figure are approximates and do not constitute an official survey product. Figure 4 — GPS-Located Wetland Boundaries �. jj��T u � r 7/�r KjO "UG ENVIRONMENTAL SERVICES COMPANY �w �-r Hunters Pass (KES No. 2009-002) Albertville, Minnesota TN No Scale t zj- co C) Q'o TZ, 7% 0: qs REPLACEMENT AREA 1 LiO L'i it: C14 10 uj (0 C14 co REPLACEMENT AREA 2 FIGURE 4A REPLACEMENT AREA 5 zk �� FIGURE 4B O `• f � \ I \ V I \\ • I \ a 00 U �Q S� I S z pp Q1 p \\ y Q la. \ \ \� co \ �\ \1 \ I\ REPLACEMENT AREA 6 • . �I FIGURE 4C IKJOLHAUG ENVIRONMENTAL SERVICES COMPANY MINNESOTA WETLAND CONSERVATION ACT WETLAND REPLACEMENT MONITORING FIELD FORM Project: Hunters Pass Photo Reference Point PRP Area ID: Replacement Area 1 PRP #1: Looking east from west edge Investigator(s): K Kunst Date: 9/23/08 Mon. Year 3 Age of Mitigation: 3 years Hvdroloav Reference Point ID Date Water Level Reading elevation or aerial cover West edge 9/23/08 0% aerial cover Plant Communities Community 1 Community 2 Community 3 Species %Cover Species %Cover Species %Cover Panicum ca illaire 40 Echinochloa crusgalli 20 Plantago major 20 Eleocharis acicularis 5 Eleocharis sp. 5 Alisma plantago-aquatica 2 Polygonum sp. 2 Glyceria grandis 2 Ty ha sp. 2 Phalaris arundinacea 2 Salix sp. (seedlings) Trace Scir us atrovirens Trace % Wetland Area 100 % Wetland Area % Wetland Area Hydrologic Indicators Observed: Saturated evidence of prior inundation (cracked soil surfaces) Hydrologic Indicators Observed: Hydrologic Indicators Observed: Proposed Replacement Area Al 948 M i Plant Community Map \B2 /,A2 �j/ �f� 2 / Community 1 26105 Wild Rene 1 ane, Shorewoml, Mimwwola 55331, Phone: 612-401-8757, Fax: 612-401-8798 Un Figure 5 3 { ro ad to gALt o a 1 joLHAVG ENVIRONMENTAL SERVICES COMPANY MINNESOTA WETLAND CONSERVATION ACT WETLAND REPLACEMENT MONITORING FIELD FORM Project: Hunters Pass Photo Reference Point PRP Area ID: Replacement Area 2 PRP #1: Looking north from south edge Investigator(s): K. Kunst Date: 9/23/08 Mon. Year U Age of Mitigation: 3 years H drolo Reference Point ID Date Water Level Reading Plant Communities elevation or aerial cover South edge 9/23/08 0% aerial cover 1 At 0 MUNNEM Community 2 Community 3 Species %Cover Species %Cover Species %Cover Poa palustris 80 Eleocharis sp. 40 Carex vul inoidea 5 Ludwi is polycarpa 20 Elymus canadensis 5 Poa palustris 5 Phleum pratense 2 Scirpus cy rinus 5 Andropo on rardii 2 Alisma planta -a uatica 5 Populus deltoides trace Panicum capillaire 5 (seedlings) Carex vulpinoidea 2 GI ceria andis 2 Echinochloa crus alli 2 Sci us atrovirens 2 Salix sp. trace Populus delioides (seedlings) Wetland Area 40 %Wetland Area 60 % Wetland Area Hydrologic Indicators Observed: Dry to Saturated Hydrologic Indicators Observed: Saturated, evidence of prior inundation (cracked soil surfaces) Hydrologic Indicators Observed: 2 26105 Wild Rose Lane, Shorewood, Minnesota 55331, Phone: 6121101-8757, Fax: 612-401-8798 1 Figure 7 N H z w w U d a a IKJOLHAuG ENVIRONMENTAL SERVICES COMPAN-Y MINNESOTA WETLAND CONSERVATION ACT WETLAND REPLACEMENT MONITORING FIELD FORM Project: Hunters Pass Photo Reference Point PRP Area ID: Replacement Area 3 PRP #1 - Looking SW from east edge Investigator(s): K. Kunst Date: 9/13/06 Mon. Year 1 3 Age of Miti ation: 2 vears Hydrology Reference Point ID Date Water Level Reading elevation or aerial cover East edge 1 9/23/08 0% aerial cover Plant Communities Proposed Replacement Area 3 ■cr�� `'I►i,rr�ca�rr - - -- iir �-- �-- 26105 Wild Rose Lane, ...612-401-8757, Fax: , 1-8798 Plant Community Map M Q H z w _ � w U d a a KJOLHGATT AUG ENVIRONMENTAL SERVICES COMPANY MINNESOTA WETLAND CONSERVATION ACT WETLAND REPLACEMENT MONITORING FIELD FORM Project: Hunters Pass Area ID: Replacement Area 4 Investigator(s): YL Kunst Date: 9/23/08 Mon. Year 0 Age of Mitigation: 3 years Hvdroloav Photo Reference Point PRP PRP #1: Looking south from north edge Reference Point ID Date Water Level Reading elevation or aerial cover North edge 1 9/23/08 1 0% aerial cover Plant Communities Community 1 Community 2 Community 3 Poa palustris 80 Eleocharis sp. 30 Trifolium sp. 10 Typha sp. 30 El mus canadensis 5 Poa palustns 10 Eleocharis acicularis 5 Scirpus validus 5 Rumex cris us Trace Scirpus strovirens 5 Gl ceria grandis Trace Scirpus cyperinus 5 Populus deltoides Trace Polygonum sp. 5 (seedlings) Salix sp. (seedlings) Trace Panicum capillaire 5 Salix sp. Trace Populus deltoides Trace (seedlings) Phalaris arundinacea Trace % Wetland Area 80 % Wetland Area 20 % Wetland Area Hydrologic Indicators Observed: Hydrologic Indicators Observed: Hydrologic Indicators Observed: Dry to saturated Saturated, evidence of prior inundation (cracked soil surfaces) PRP # 1 Proposed Replacement Area 4 N.i Plant Community Map �0 w G, ; 2 Community 1 Community 2 26105 Wild Rose Lane, Shorewood, Minnesota 55331, Phone: 612-101-8757, Fax: 612-401-8798 Figure 11 _ ,� r W� _ w F z w w U d a a w a KJOLHAUG ENVIRONMENTAL SERVICES CC)MPANY MINNESOTA WETLAND CONSERVATION ACT WETLAND REPLACEMENT MONITORING FIELD FORM Project: Hunters Pass Photo Reference Point PRP Area ID: Replacement Area 5 PRP #1: Looking west from east edge Investigator(s): K. Kunst Date: 9/23/08 Mon. Year Age of Mitigation: 3 years Hvdroloav Reference Point ID Date Water Level Reading elevation or aerial cover East edge 1 9/23/08 0% aerial cover JF1114 K0T11TiiTwriU Community 1 Community 2 Community 3 Species %Cover Species %Cover Species %Cover Poa palustris 30 Phalaris arundinacea 15 L co uss . 15 Carex vulpinoidea 10 Scirpus atrovirens 5 Sedum sp. 5 Typha sp. 5 Scirpus cyperinus 5 Alisma plantago-aquatica 5 Aster sp. 2 u/u Pops deltoides 2 (seedlings) Rumex adspus Trace % Wetland Area 100 % Wetland Area % Wetland Area Hydrologic Indicators Observed: Hydrologic Indicators Observed: Hydrologic Indicators Observed: Saturated, evidence of prior inundation (cracked soil surfaces) Proposed Replacement Ar 5 Plant Community Map FI FI _ . PRP #1 \ J 1 F2. ` i E N .2 community 1 t 26105 Wild Rose Lane, Shorewood, Minnesota 55331, Phone: 612-401-8757, Fax: 612-401-8798 Figure 13 KTOLHA G ENVIRnNMF.NTAT cFRVTI`Fc n�n.rpe�.ry it �► ` �� 00 _ _ A %�' T uA G TT�r l �JOL.l ENVIRONMENTAL SERVICES COMPANY MINNESOTA WETLAND CONSERVATION ACT WETLAND REPLACEMENT MONITORING FIELD FORM Project: Hunters Pass rpRP hoto Reference Point PRP Area ID: Replacement Area 6 #1: Looking southwest from north edge Investigator(s): IL Kunst Date: 9/23/08 1Mon. Year L3 Age of Mitigation: 3 years Hydrology Reference Point ID Date Water Level Reading elevation or aeri al cover North edge 9/23/08 90% aerial cover r"I011L vvnnuaa...�w.a Community 1 Community 2 Community 3 Species %Cover -Species %Cover Species %Cover Poa palustris Scirpus atrovirens Juncus brevicaudatus 40 20 15 Ty ha sp. Eleocharis sp. Scirpus validus 50 20 5 Carex vulpinoidea 10 Scirpus c perinus 5 Phleum pretense 5 Scirpus atrovirens 5 Phalaris arundinacea 5 Polygonum sp. 5 Lycopus sp. EI mus canadensis 5 Trace Solids o igantea Trace Salix sp. (seedlings) Trace Wetland Area 50 Hydrologic Indicators Observed: Saturated to -3" inundation %Wetland Area 50 Hydrologic Indicators Observed: 3" to -1' inundation °k Wetland Area Hydrologic Indicators Observed: 26105 Wild Rose lane, Shorewood, Minnesota 55331, Yhone: btt-at�i-a n i, rax: oia-o — Figure 15 -d%l C KJOT u ,� T Tyr Ll It 1V G ElVIRONMEN-rAi. SERVICES COMPANY MINNESOTA WETLAND CONSERVATION ACT WETLAND REPLACEMENT MONITORING FIELD FORM Project: Hunters Pass Photo Reference Point PRP Area ID: Replacement Area 7 PRP #1: Looking southwest from northeast edge Investigator(s): K Kunst PRP #2: Looking northwest from east edge Date: 9/23/08 Mon. Year 0 A e of Miti ation: 3 years Hvdrolonv Reference Point ID Date Water Level Reading elevation or aerial cover South edge 9/23/08 0% aerial cover Plant Communities Community 1 Community 1 continued Community 2 Species %Cover Species %Cover %Cover Poa palustris 30 Scirpus validus 2 Typha sp- Andropogon gerardii 20 Echinochloa crus alli Trace Poa palustris Phalaris arundinacea 10 Eupatorium perfoliatum Trace Eleocharis sp. Trifolium sp. 10 Panicum virgatum Trace Alisma plants-aquatica Scirpus atrovirens 5 Aster novae-angliae Trace Polygonum sp. Scirpus cyperinus 5 Rudbeckia hirta Trace Carex vulpinoidea Elymus canadensis 5 Rumex crispus Trace Phalaris arundinacea Symphiotrichum lanceolatum 5 Schizachyrium scoparium Trace Populus deltoides Achillea millefolium 2 Solidago gigantea Trace Salix sp. (seedlings) Vemonia fasciculate 2 Typha sp. Trace Sonchus sp. 2 Asclepias incamata Trace % Wetland Area 50 % Wetland Area 5l) % Wetland Area Hydrologic Indicators Observed: Dry to saturated Hydrologic Indicators Observed: Dry to saturated Hydrologic Indicators Observed: Saturated, evidence of prior inundation (cracked soil surfaces) i r- - - Proposed Replacement Area 7 L -r bPlantCommunity Map V ti. 26105 Wild Rose Lane, Shorewood, Minnesota 55331, Phone: 612-401-8757, Fax: 612-401-8798 Figure 17 -ftl Hunters Pass Albertville, Minnesota Appendix A: Minnesota Wetland Conservation Act Wetland Replacement Standards 8420.0550 WETLAND REpLAcEmENT STANDARDS_ Subpart 1. General requirements. The standards and guidelines in this part shall be used in wetland creation and restoration efforts to ensure adequate replacement of wetland functions and values. In evaluating a wetland replacement plan, the local government unit must determine whether the wetland type stated as the replacement plan goal will result from the replacement plan specifications. If a wetland type other than the replacement plan goal is likely to result, the local government unit must evaluate the plan based on this determination. The local government unit must also determine that the proposed replacement plan will adequately replace functions and public values lost. If adequate replacement of function and public value is not likely to result, the local government must determine what further measures are necessary to obtain adequate replacement or deny the replacement plan. Subp. 2. Specific requirements. The standards in items A to H shall be followed in all wetland replacements unless the technical evaluation panel determines that a standard is clearly not appropriate. A. Water control structures must be constructed using specifications provided in the Minnesota Wetland Restoration Guide or their equivalent. Control structures may be subject to the Department of sutural Resources dam safety regulations- B. Best management practices must be established and maintained adjacent to the entire perimeter of all replacement wetlands. C. For replacement wetlands where native, noninvasive vegetation that is characteristic of the wetland type identified as the replacement goal in part 8420.0530, item D, is not likely to become dominant naturally in a five-year period, the replacement wetland shall be seeded or planted with appropriate native, noninvasive species, as determined by the technical evaluation panel. If the replacement wetland is seeded or planted, the seed or planting stock should be from native, noninvasive species of regional wetland origin. During the monitoring period, the applicant must take reasonable steps to control invasion by any nonnative or invasive species, for example, reed canary grass, Canada thistle, common buckthorn, spotted knapweed, leafy spurge, purple loosestrife, and Eurasian water milfoil, that would defeat the revegetation goal of the replacement plan. D. Erosion control measures as determined by the soil and water conservation district must be employed during construction and until permanent ground cover is established to prevent siltation of the replacement wetland or nearby water bodies. E. For all restored wetlands where the original organic substrate has been stripped away and for all created 75 wetlands, provisions must be made for providing an organic substrate unless the technical evaluation panel recommends otherwise. When feasible, the organic soil used for backfill should be taken from the drained or filled wetland dominated by native, noninvasive species. Organic soil for backfill from wetlands dominated by nonnative, invasive species should be avoided. F. The bottom contours of created types 3, 4, and 5 wetlands should be undulating, rather than flat, to provide a variety of water depths, comparable to natural wetlands in the vicinity of the replacement, and be consistent with part 8420.0547, subpart 2. G. Sideslopes of created portions of wetlands and graded buffer strips must not be steeper than 5:1, five feet horizontally for every one foot vertically as averaged around the wetland. Sideslopes of 10:1 to 15:1 are preferred. More than half of the slopes of graded areas inside the exterior boundaries of restored, created, or enhanced wetlands must be no steeper than 10:1 unless the technical evaluation panel concurs that steeper slopes are acceptable. H. Created wetlands should have an irregular edge to create points and bays, consistent with part 8420.0547, subpart 2. Subp. 3. [Repealed, 27 SR 1351 SA: MS s 14.06; 10313.101; 103B.3355; 103G.2242 HIST: 18 SR 274; 22 SR 1877; 27 SR 135 8420.0600 MONTWp_ HG. The purpose of wetland replacement monitoring is to ensure that the replacement wetland achieves the goal of replacing lost functions and values. SA: MS s 14.06; 103B.101; 103B.3355; 103G.2242 HIST: 18 SR 274; 27 SR 135 8420.0610 DURATION OF MONITORING. Monitoring shall be by means of an annual report as specified in part 8420.0620 and shall continue for five years following completion of the wetland replacement project, or until the technical evaluation panel deems the replacement wetland to be fully functional. Through written notification to the applicant, the local government unit may extend the required monitoring period for not more thin an additional five—year period if the goal of the replacement plan has not been achieved, but, in the written opinion of the technical evaluation panel, may be achieved with more time. SA: MS-s 14.06; 103B.101; 103B.3355, 103G.2242 HIST: 18 SR 274; 22 SR 1877; 27 SR 135 76 Hunters Pass Albertville, Minnesota Appendix B: Precipitation Summary Hunters Pass 2008 Precipitation Summary Source: Minnesota Climatology Working Group Monthly Totals: 2008 Target: T121 R24 S36, lat 45.24638 Ion 93.65313 mon year cc tttN rrw 55 nnnn 00000000 pre .Jan 2008 86 121N 25W 18 SWCD .32 Feb 2008 86 121N 25w 18 SWCD .67 Mar 2008 86 121N 25W 18 SWCD 1.98 — Apr 2008 27 119N 23W 7 MOSQ 3.89 May 2008 27 120N 23w 27 MOSQ 3.13 Jun 2008 27 120N 23w 27 MOSQ 1.39 Jul 2008 27 120N 23W 27 MOSQ 1.56 Aug 2008 27 120N 23w 27 MOSQ 1.74 - Sep 2008 27 120N 23w 27 MOSQ 3.23 Oct 2008 86 120N 25W 29 SWCD 1.63 Nov 2008 86 121N 25w 18 SWCD 1.34 Dec 2008 86 119N 25w 7 BYRG 1.37 August/September Daily Records Date Preci p. Aug 29, 2008 0 Aug 1, 2008 0 Aug 30, 2008 - Aug 2, 2008 - Aug 31, 2008 - Aug 3, 2008 - Sep 1, 2008 - Aug 4, 2008 .02 Sep 2, 2008 - Aug 5, 2008 0 Sep 3, 2008 - Aug 6, 2008 0 Sep 4, 2008 .55 Aug 7, 2008 0 Sep 5, 2008 - - Aug 8, 2008 0 Sep 6, 2008 - Aug 9, 2008 - Sep 7, 2008 - Aug 10, 2008 - Sep 8, 2008 .25 Aug 11, 2008 0 Sep 9, 2008 0 Aug 12, 2008 .06 Sep 10, 2008 0 Aug 13, 2008 .14 Sep 11, 2008 - Aug 14, 2008 0 Sep 12, 2008 .16 Aug 15, 2008 0 Sep 13, 2008 - Aug 16, 2008 - Sep 14, 2008 - Aug 17, 2008 - Sep 15, 2008 .71 Aug 18, 2008 0 Sep 16, 2008 0 Aug 19, 2008 0 Sep 17, 2008 0 Aug 20, 2008 0 Sep 18, 2008 0 Aug 21, 2008 0 Sep 19, 2008 0 Aug 22, 2008 0 Sep 20, 2008 - Aug 23, 2008 - Sep 21, 2008 - Aug 24, 2008 - Sep 22, 2008 0 Aug 25, 2008 0 Sep 23, 2008 0 — Aug 26, 2008 0 Aug 27, 2008 0 Total 8/1 to 9/23: 3.41" Aug 28, 2008 1.52 1971-2000 Summary Statistics Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec WARM ANN WAT 0.49 0.34 1.18 1.45 2.21 3.33 2.96 3.49 1.97 1.10 1.06 0.45 16.44 26.51 27.16 i 70% 1.02 0.94 1.93 2.93 4.18 5.27 4.69 4.73 3.18 2.96 2.23 1.01 21.65 34.19 33.911 0.84 0.69 1.67 2.39 3.26 4.46 4.11 4.27 3.07 2.23 1.82 0.82 19.17 29.63 29.7 Hunters Pass Albertville, Minnesota Appendix C: WCA & ACOE Notice of Decision Name and Address of Local Government Unit: City of Albertville 5975 Main Ave NE, PO Box 9, Albertville, MN 55301 Name of Applicant: Minnesota Develo ment A encv Project Name: Hunters Pass Estates Application Number: 2005-001 Type of Application (check one): ❑ Exemption Decision ❑ No Loss Decision ® Replacement Plan Decision ❑ Banking Plan Decision ❑ Wetland TypeBoundary Decision Date of Decision: MU 2, 2005 Check One: ❑ Approved Approved with conditions (see note on page 2 regarding use -of wetland banking credits) ❑ Denied Summary of Project/Decision (indicate exemption number per MN Rule 8420.0122, if applicable): 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 700' Street-mlh_e-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. On May 2, 2005, the Albertville City Council, acting as Local Government Unit and following Technical Evaluation Panel recommendations, approved the wetland replacement plan subject to the following conditions being 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, and mitigation sites be prepared for all future building contractors, realtors, and home owners so that they are acutely 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. Once installed, the coordinates of the signs be provided to the City of Albertville to assist with regulatory compliance. Five additional signs will also be provided to the City so that damaged or removed signs can be replaced — -Page 1 of 2 Notice of WCA Decision.doc 9/16/04 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. It is anticipated that this will be incorporated into the Builders Agreement. 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. NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking credits is conditional upon withdrawal of the appropriate credits from the state wetland bank. No wetland impacts may commence until the applicant receives a copy of the fully signed and executed "Application for Withdrawal of Wetland Credits," signed by the BWSR wetland bank administrator certifying that the wetland bank credits have been debited. THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. LO GOVE UNIT -Y&M 5 Signature Da � 1 - OtricC,�ac1. A410psz -SEA Name and Title - Page 2 of 2 Notice of WCA Decision.doc 9/16/04 List of Addressees: Applicants and Agent: Matt Froelich, Minnesota Development Agency Dwight Gunnarson, Meyer-Rohlin Mike DeRuyter, Kjolhaug Environmental Members of Technical Evaluation Panel: Colleen Allen, Wright County SWCD Brad Wozney, BWSR Department of Natural Resources Regional Office: Patty Fowler, Area Hydrologist Mike North, MNDNR DNR TEP Representative Jason Neuman, MNDNR Corp of Engineers Project Manager: Tim Fell, USACE Additional Recipients: .Larry Kruse, City of Albertville, City Administrator Mike Couri, City of Albertville, City Attorney Mark Kasma, Bolton and Menk Bob Moberg, SEH - Page 3 of 2 Notice of WCA Decision.doc 9/16/04 DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS q� ARMY CORPS OF ENGINEERS CENTRE 190 FIFTH STREET EAST ST. PAUL, MN 55101-1638 REPLY TOIO ATTENTION OF ArK IOU Construction -Operations Regulatory (04-161467-TJF) Mr. Mike DeRuyter Kjolhaug Environmental Services 26105 Wild Rose Lane Shorewood, Minnesota 55331 Dear Mr. DeRuyter: A favorable determination has been made on the application for a Department of the Army permit for the Hunters Pass Estates residential development in Albertville. The project site is in the NE 1/ of section 36, T121N, R24W, Wright County, Minnesota. The Minnesota Pollution Control Agency (MPCA) has waived water quality certification for this project. The MPCA has not waived your responsibility to comply with the water quality standards contained in Minn. R. 7050 and other applicable MPCA statutes. A copy of the MPCA waiver is enclosed for your convenience. Your permit and a Notification of Administrative Appeal Options and Process and Request for Appeal are enclosed. If the permit, with all conditions, is acceptable, the permittee or authorized representative should sign each copy on the line above the word "PERMITTEErr, date, and return both forms to this office. The District Engineer, or his designated representative, will then sign both copies and return one to you for your records. The permit is not valid without that signature. If you disagree with the enclosed jurisdictional determination, you may provide new information. Please follow — the directions in Section D of the enclosed Notification of Administrative Appeal Options and Process and Request for Appeal. You will note that this permit contains a special condition regarding the need to conduct an archaeological survey prior to commencing grading activities on the site. — If this permit is not acceptable and you would like to appeal the permit decision, please follow the directions in Section A of the enclosed Notification of Administrative Appeal Options and Process and Request for Appeal. Federal Regulations require a fee of $100.00 for the processing of permits that authorize the development of "- commercial activities in waters of the United States. Please Printed on : Recycled Paper - 2 - make your check or money order for that amount payable to USACE- FAO-ST.PAUL. The decision regarding this action is based on information found in the administrative record which documents the District's decision -making process, the basis for the decision, and the final decision. If you have any questions, contact Mr. Tim Fell at (651) 290-5360. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, Mic ael F. P ping Colonel, Co of Engineers District Engineer Enclosure NOT F GATION OF ADMINTSTRAT - APPEAL ®PTI SA PROCESS AND 3 Y RETTEST Applicant. Minnesota Development Agency File Number: 04-161467-TJF Date: w. Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://usace.army.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A. INITIAL PROFERRED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approve jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit rm should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered peit for your ,reconsideration, as indicated in Section B below. 113. PROFFERED PERMIT: You may accept or appeal the permit. I. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, lincluding its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and 1appeal sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer 1within 60 days of the date of this notice. D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. 1• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Irocessby completing Section II of this form and sending the form to the division engineer. This form must be received by the division ,ngineer within 60 days of the date of this notice. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. 1E. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps iistrict for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. CEMVP-OP-R (MVP-YEAR-FILENO- S FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record administrative record. Neither the appellant nor the Corps may add new information or analyses to the of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the additional information to clarify the location of information that is already in the administrative record. record. However, you may provide POINT OF CO NTACT FOR QUESTIONS OR INFORMATION. If you have questions regarding this decision and/or the appeal process you may contact: Tim Fell U.S. Army Corps of Engineers Regulatory Branch 190 East Fifth Street Saint Paul, MN 55101 Telephone: 651-290-53 60 you only have questions regarding the appeal process you may also ntnrt- ision Engineer Martha S. Chieply, Appeal Review Office O. Box 80 icksburg, MS 39181-0080 -'-phone (601) 634-5820 IU(iHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investio2tinne number: ignature of appellant or agent. Edition of August 2000. Previous editions obsolete. JURISDICTIONAL DETERMINATION U.S. Army Corps of Engineers Revised 8/13/04 DISTRICT OFFICE: St. Paul District FILE NUMBER: 2004-161467-TJF PROJECT LOCATION INFORMATION: State: Minnesota County: Wright Center coordinates of site (latitude/longitude): NE 1/4 of Section 36, T121N, R24W Approximate size of area (parcel) reviewed, including uplands: 76 acres. Name of nearest waterway: Otsego Creek Name of watershed: Mississippi River JURISDICTIONAL DETERMINATION Completed: Desktop determination Date: 7 April 2005 Site visit(s) I Date(s): Jurisdictional Determination (JD): Preliminary JD - Based on available information,❑ there appear to be (or) ❑ there appear to be no "waters of the United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331). RApproved JD — An approved JD is an appealable action (Reference 33 CFR part 331). Check all that apply: There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: `There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: —' There are "isolated, non -navigable, intra-state waters or wetlands" within the reviewed area. Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. Waters defined under 33 CFR part 329 as "navigable waters of the United States": The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States": (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. (2) The presence of interstate waters including interstate wetlands'. (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce including any such waters (check all that apply): _ ❑ (i) which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ (iii) which are or could be used for industrial purposes by industries in interstate commerce. (4) Impoundments of waters otherwise defined as waters of the US. _ (5) The presence of a tributary to a water identified in (1) — (4) above. . (6) The presence of territorial seas. (7) The presence of wetlands adjacent2 to other waters of the US, except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. If B(1) or B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, 5 or 6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency determination: The wetlands being impacted are adjacent to Mud Lake which drains to the northwest through an unnamed ditch into Otsego Creek, a tributary of the Mississippi River, a navigable water of the United States. FILE NUMBER: Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329) Ordinary High Water Mark indicated by: High Tide Line indicated by: ❑ clear, natural line impressed on the bank ❑ oil or scum line along shore objects ❑ the presence of litter and debris ❑ fine shell or debris deposits (foreshore) ❑ changes in the character of soil ❑ physical markings/characteristics ❑ destruction of terrestrial vegetation ❑ tidal gages ❑ shelving ❑ other: ❑ other: Mean High Water Mark indicated by: ❑survey to available datum; ❑physical markings; ❑ vegetation lines/changes in vegetation types. ❑Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Basis For Not Asserting Jurisdiction: -� e reviewed area consists entirely of uplands. n able to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7). .eadquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3). The Corps has made a case -specific determination that the following waters present on the site are not Waters of the United States: ❑ Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3. ❑ Atificially irrigated areas, which would revert to upland if the irrigation ceased. Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice .. growing. ❑ Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ❑ Water -filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ❑ Isolated, intrastate wetland with no nexus to interstate commerce. ❑ Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale: ❑ Non -tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ❑ Other (explain): DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply): Maps, plans, plots or plat submitted by or on behalf of the applicant. pp y) Data sheets prepared/submitted by or on behalf of the applicant. ® This office concurs with the delineation report, dated , prepared by (company): Kjolhaug Environmental Services ❑ This office does not concur with the delineation report, dated prepared by (company): Data sheets prepared by the Corps. �- Corps' navigable waters' studies: U.S. Geological Survey Hydrologic Atlas: U.S. Geological Survey 7.5 Minute Topographic maps: U.S. Geological Survey 7.5 Minute Historic quadrangles: ... U.S. Geological Survey 15 Minute Historic quadrangles: USDA Natural Resources Conservation Service Soil Survey: National wetlands inventory maps: State/Local wetland inventory maps: FEMA/FIRM maps (Map Name & Date): 100-year Floodplain Elevation is: (NGVD) _ Aerial Photographs (Name & Date): Other photographs (Date): Advanced Identification Wetland maps: Site visit/determination conducted on: Applicable/supporting case law: Other information (Dlease snecifv)- W cbtaunsnea in the Corps Wetlan a meahon anus anua t.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). ZThe term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. DEPARTMENT OF THE ARMY PERMIT Permittee Minnesota Development Agency Permit No. 2004-161467-TJF St. Paul District Issuing Office U.S. Army Corps of Engineers NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: You are authorized to discharge dredged and fill material into a total of 3.4 acres of wetland to facilitate the construction of the Hunters Pass Estates residential development and its related road system and storm water management system. The 3.4 acres includes both the area of wetland being filled (1.9 acres), and the area of wetland being excavated (1.4 acres), and 0.1 acre being temporarily impacted by utility installation. The authorized wetland filling and excavating is shown on the attached drawings, labeled 2004-161467-TJF, pages 1 of 6 through 6 of 6. Project Location: The project site is located in the NE 1/4 of section 36, T. 121N, R24W, Wright County, Minnesota. - Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December 31, 2008. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good S faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archaeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: 1. Due to concerns for cultural resources, no earthwork such as grading or excavating shall be conducted within the project site, with the exception of the northwest portion of the site along Lakewood Drive, until the permittee receives a written notice to proceed from the Corps. The permittee shall conduct a Phase 1 archaeological survey to determine the presence of unreported cultural resources. The survey shall be completed by an archaeologist meeting the Professional Qualification Standards under 36 CFR Part 61.9 Appendix A(b). Once the survey has been completed, the permittee shall submit three copies of the final report to the Corps for review and one to the Minnesota State Historic Preservation Office (SHPO). Based on the results of the survey, additional archaeological evaluation measures may be required before construction activities can begin in this area. If mitigation of any archaeological sites is required, the Corps will prepare a 2 s� memorandum of agreement between the Corps, the SHPO, and the permittee that stipulates the measures to be completed before construction may begin. We have attached a list of some companies that could conduct this survey. 2. As compensatory mitigation for the 1.9 acres of wetland filling, the permittee shall provide a minimum of 2.7 acres of wetland mitigation. The Corps will accept the mitigation shown on the permit drawings provided functional wetlands become established. The overall mitigation plan includes 2.4 acres of new wetland creation and the establishment of a total of 3.83 acres of buffer areas (0.9 acre around the newly created wetland and 2.9 acres around the remaining wetlands). Also, 5 storm water management ponds will be constructed. To determine the success of the compensatory mitigation at the new wetland creation site, the following criteria will be used: Hydrology: At a minimum, the site shall meet the hydrology criterion for a wetland under the 1987 Corps of Engineers Wetland Delineation Manual and associated guidance. Soils shall be inundated or saturated to within 12 inches of the surface for a duration of not less than 5 to 12.5 percent of the growing season. In Wright County this is approximately 8 consecutive days. Vegetation: Herbaceous: In the herbaceous areas, such as the wet/sedge meadow communities they shall be dominated by species of native grasses, sedges, rushes, forbs and/or ferns and achieve approximately 60% or more areal coverage of the total mitigation site by year S. More than 50% of all plant species within the wetland communities of the mitigation site shall be facultative (FAC) or wetter (FACW or OBL) excluding FAC-. 3. Control of Invasive and/or Non -Native Species: Control of invasive and/or non-native plant species shall be carried out for five full growing seasons. Control shall consist of mowing, burning, disking, mulching and/or herbicide treatments. At the end of the fifth growing season, the vegetative community shall not contain greater than 25 percent areal cover of invasive and/or non-native species including: reed canary grass (Phalaris arundinacea), bull thistle (Cirsium vulgare), smooth brome grass (Bromus inermis), giant ragweed (Ambrosia trifida), common ragweed (Ambrosia artemisiifolia), and non-native buckthorns (Rhamnus cathartica and R. frangula). If purple loosestrife (Lythrum salicaria) is discovered on the site it shall be removed immediately by hand or use of appropriate herbicides. 3 4. If the performance criteria outlined above are not met at any time during the monitoring period, the permittee must provide the Corps with a proposal detailing corrective actions and/or maintenance actions proposed (if any) and an implementation — schedule for those actions. The permittee shall implement the necessary corrective measures following review and approval/modification of those measures by the Corps. _ 5. The permittee shall assume all liability for accomplishing corrective work should the District Engineer determine that the compensatory mitigation has not been completed satisfactorily. Remedial work may include regrading and/or replanting the mitigation site. This responsibility shall extend for a period of 5 years beginning upon completion of mitigation site construction. 6. Construction limits and all boundaries of wetlands not to be _ disturbed shall be clearly staked in the field to avoid inadvertent encroachment during construction. 7. The permittee shall provide the Corps with copies of all wetland mitigation monitoring reports being prepared to satisfy the Minnesota Wetland Conservation Act. 8. Refer to Standard Conditions attachment. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 _ U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or j exclusive privileges. — C. This permit does not authorize any injury to the property or rights of others. — 4