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2008-07-01 Wetland Mitigation Monitoring ServicesKjoLHAuGENVIRONMENTAL SERVICES COMPANY Providing Sound, Balanced, Comprehensive Natural Resource Solutions Date: July 1, 2008 Adam Nafstad City of Albertville c/o Bolton & Menk, Inc. 7533 Sunwood Dr., Suite 206 Ramsey, MN 55303 RE: Hunters Pass Monitoring -Albertville, MN Dear Mr: Nafstad, We are pleased to provide this proposal for wetland mitigation monitoring services on behalf of the City of Albertville for the Hunters Pass development in the City of Albertville. The Wetland Conservation Act (WCA) requires that an annual monitoring report be submitted for all replacement wetland projects according to the MR 8420.0620, subpart 1. Monitoring efforts are completed to determine if constructed replacement areas satisfy the size, type and quality requirements for WCA replacement wetlands. The WCA rules require replacement wetlands to be monitored for a five-year period, although the rules also allow monitoring to be suspended if a Technical Evaluation Panel deems the replacement wetland to be fully functional. Annual monitoring includes up to three visits the first year to account for as -built monitoring after completion of replacement wetland and subsequent visits to identify any potential problems with the replacement wetland. After the first year, up to three annual visits take place to evaluate the success of the mitigation area and assess soils, hydrology and vegetative conditions during the growing season (April through October). Site visits will be completed during early, middle, and later in the growing season to be sure representative conditions are evaluated. Our monitoring will document all relevant information required by WCA. We will prepare an annual monitoring report for submittal to the LGU that will include a description of replacement wetlands and buffers, plant community maps, photographs of 26105 Wild Rose Lane, Shorewood, Minnesota 55331 • Phone: 952-401-8757 • Fax: 952-401-8798 replacement wetlands, summaries of hydrologic observations, pertinent precipitation data, and management issues and recommendations. While cost will vary depending on the year of monitoring, corrective measures required and unique LGU requirements, typical Year 1 costs for a single replacement wetland are less than $1750, and Years 2 through 5 less than $1500 per year. Additional replacement wetlands generally add $300 to the annual cost for monitoring and the report. Services authorized outside of the scope of those described will be billed at our standard hourly rates. Such services could include additional meetings with you or your representatives to address problems with the replacement wetlands and meetings requested by regulatory agencies. Since Hunters Pass is an older project we are proposing monitoring costs for 2 years rather than the typical 5-year period. Total monitoring costs for six replacement wetlands for years 2008 and 2009 would be $6,000. You will be invoiced monthly for work completed to date. Payment is due within 30 days of receipt of invoice. A monthly charge of 1.5% will accrue to any outstanding balance. Kjolhaug Environmental reserves its rights to file a mechanic's lien against your property if payments are not timely made. If a mechanic's lien is filed against your property, Kjolhaug Environmental must insist upon reimbursement of all of its costs and expenses, including attorney's fees, as provided by Minnesota law. Please complete the attached authorization if you would like us to conduct monitoring in 2008 and 2009 on the Hunters Pass site. We look forward to assisting you with this project. Feel free to call me at 952-401-8757 if you have any questions. Sincerely, Kjolhaug Environmental Services Company, Inc. '.'144c 1 4 Kelly . Kunst Monitoring Coordinator Date: July 1, 2008 Adam Nafstad City of Albertville c/o Bolton & Menk, Inc. 7533 Sunwood Dr., Suite 206 Ramsey, MN 55303 RE: Hunters Pass Monitoring -Albertville, MN Billing Information (if different than above): Company Contact Address Phone I understand that I am solely responsible for all costs incurred as a result of wetland services rendered. I agree to be legally responsible for any and all collection costs incurred by Kjolhaug Environmental Services Company, including but not limited to court costs, reasonable attorney's fees, fees from a debt collection service. I understand that I am responsible for any and all services Kjolhaug Environmental Services Company renders in accordance with the Proposal dated July Is', 2008 regardless of the action or inaction of myself and/or the landowner, and/or any other person or entity. We are required by law to provide you with this notice. You are therefore notified that: A. Any Person or Company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. B. Under Minnesota Law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvements unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. 2008 AND 2009 AUTHORIZATION TO PROCEED Upon your authorization, we will conduct the described services on the Hunter's Pass site for years 2008 and 2009 for a maximum total cost of $6,000 for six replacement wetlands. You can fax or mail in your authorization to proceed with the monitoring. I hereby authorize Kjolhaug Environmental Services Company, Inc. to complete described wetland monitoring services. Signed by: Date: Position: