2007-09-11 PH Notice Plan Review
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City of Albertville
Notice of Public Hearing
Site & Bldg. Plan Review
NOTICE IS HEREBY GIVEN that the Albertville Planning & Zoning Commission will
hold a public hearing at 7:00 p.m. or soon thereafter on Tuesday, September 11, 2007 at
the Albertville City Hall located at 5959 Main Avenue NE to take public comment
concerning the proposed Case No. 2007-10 known as Phil Morris Property, Albertville
Marketplace for a Site & Bldg. Plan Review as follows:
Legal Description: Lots 1, 2, 3, 4, Block 1, Albertville Marketplace
Property Identification Number: none at this time
Property Address: corner of 60th Street NE/CSAH 37 and Interstate 94
All interested persons are invited to attend the meeting and will be afforded the
opportunity to voice an opinion during the public hearing.
Bridget Miller
Albertville City Clerk
Published: August 27, 2007 Crow River News
M:\Public Data\Public Hearing Notices\2007 PH Notices\PH -Site & Bldg Plan (Albertville Marketplace).doc
AFFIDAVIT OF SERVICE
STATE OF MINNESOTA
SS.
COUNTY OF WRIGHT
Tracey Nubbe, being first duly sworn, says that on the 23rd day of October, 2006
she served the attached documents on the person shown below by depositing a true
copy of each thereof at 3:50 p.m. in the United States mail, postage prepaid, at the
City of Albertville, Wright County, Minnesota, addressed to said person at the
following address:
JLC Properties of Rochester LLLP
2480 Superior DR NE
Rochester, MN 55901
C ~ ~''`~
racey Nu be
Subscribe and sw rn to before me
this~'~ ay of ~! •'. ~ ~-~ ~ ° , 2006
Notary Pu is 1,
.~ •
~'~, 6RtD~ET MARIE MILLER
NQTARY ~UBLIC•MINNESOTA
My Commission E:pins Jan. 31,1008
ar ^
' DEPARTMENT OF THE ARMY
.' ~%~ ST. PAUL DISTRICT, CORPS OF ENGINEERS
190 FIFTH STREET EAST
ST. PAUL, MN 55101-1638
REPLY TO
ATTENTION OF
Operations March 6, 2006
Regulatory (2005-4561-TJF)
Ms. Linda Fisher
Larkin Hoffman Daly & Lindgren
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431-1194
Dear Ms. Fisher:
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This is in response to the wetland delineation report and supplemental information
submitted for the Philip Morris Property in Albertville. The project site is located in the NE'/4 of
the NE'/4 of Section 1, T120N, R24W, Wright County, Minnesota.
We have reviewed the information you provided and have been advised that the Wright
County Soil and Water Conservation District and the City of Albertville have reviewed and
concurred with the delineation boundary lines shown in the report. We believe the wetland
boundaries on the property have been established in accordance with the Corps of Engineers
Wetland Delineation Manual (1987 Manual) and we believe the lines are adequate to establish
the limits of Corps of Engineers Clean Water Act jurisdiction. This wetland delineation shall
remain valid for Corps purposes for a period of five years from the date of this letter, unless new
information warrants revision of the delineation before the expiration date.
Pursuant to Section 404 of the Clean Water Act, the Corps of Engineers has regulatory
jurisdiction over the discharge of dredged and fill material, including discharges associated with
mechanical land clearing, in all waters of the United States, which includes most wetlands.
Receipt of a permit from a state or local agency does not obviate the requirement for obtaining a
Department of the Army permit for discharges into jurisdictional waters/wetlands.
Two areas on the site were evaluated (Wetlands A and B). We have determined that the
area designated as Wetland A must be considered a jurisdictional wetland pursuant to the Clean
Water Act. This area appears to have developed because of a plugged culvert in a field road.
Initially, a ditch was excavated across an upland area and later a field road was constructed with
a culvert placed in the ditch. We concur with your conclusion that the ditch itself would
generally not be considered a water of the United States. However, the ditch and the culvert,
which we understand is now plugged, do establish a tributary connection to other waters. Also,
the field road is a manmade barrier and would not typically cause a wetland on one side to be
considered isolated from the larger basin on the opposite side of the field road. Therefore, we
have determined that discharges of dredged or fill material into Wetland A must be regulated
under Section 404 and will require a Corps of Engineers permit.
- __.
CEMVP-OP-R (2005-4561-TJF) - 2 -
Wetland B appears to be a natural wetland that has been impacted in a variety of ways,
including farming, runoff from adjacent roadways, and a culvert to the east at MacKenzie
Avenue. We concur with the wetland boundary line shown on the attached map/photograph.
Wetlands A and B are considered to be part of the tributary system to Otsego Creek, and
.ultimately. to the Mississippi River, a navigable water of the United States and, therefore, are
subject to Corps of Engineers jurisdiction.
It is recommended that the delineated wetland boundaries be surveyed and .identified on -
any development plans prepared for this property.
You asked about compensatory wetland mitigation requirements for impacts associated
with Wetland A. The Corps attempts to mitigate for wetland functions and values lost as a result
of a specific project. We have some flexibility on the acreage ratio based on a review of the
character and quality of both the existing wetland and the anticipated functions and values of the
proposed mitigation. Corps mitigation ratios are generally between 1 to 1 and 1.5 to 1. Given the
.apparent reduced quality of Wetland A, it appears possible that some flexibility would be
warranted in the sequencing analysis and in the mitigation ratio.
If you have any questions, contact Tim Fell at (651) 290-5360. In any correspondence or
inquiries, please refer to the Regulatory number shown above.
Sincerely,
Robert J. W~i ing
__.
Chief, Regulatory Branch
CF: SWCD
Ci of Albertville
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