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2005-05-02 MWCA ApprovalName and Address of Local Government Unit: City of Albertville RECE4VEJ 5975 Main Ave NE, PO Box 9, MAY 0 5 2005 Albertville, MN 55301 3OLTON & MENK, ING BURNSVILLE, MN Name of Applicant: Minnesota Development Agency 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 Type/BoundaryDecision Date of Decision: May 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 70t Street -on -the north and McIver Avenue on the east. All or part of six wetlands are present on the property, including Mud Lake. The project proposes to fill 1.81 acres of wetland as part of the development, and will create 1.81 acres of new wetland and 1.81 acres of adjacent upland buffer for replacement. 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 Signature Ala% es - So# 0tric: Oc�sol, (c a Y Name and Title '00 Dat - 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