2005-02-23 Wetland Replacement Order
:
Minnesota Wetland Conservation Act
Replacement Order
The Commissioner of Natural Resources hereby orders Rick Lewandowsij., Edina Development
Corporation and hislhers/its heirs, successors, and assigns to complete replacement of the wetlands located
within the Albert Villas Development. City of Albertville. Sections 2 and 1 L T120N - R24W.
Findings of Fact: See Attachment A.
This order is issued pursuant to Minn. Stat ~ 103G.2372 and MN Rule part 8420.0290.
VIOLATION OF TIllS ORDER IS A MISDEMEANOR
You must either:
A. Provide for replacement of the wetland in the manner required by this order and obtain a
Certificate of Satisfactory RestorationlReplacement from the soil and water conservation
district, all of which must be accomplished on or before June 1. 2005: or
B. Submit a complete wetland replacement plan application to the local government unit within
30 days of receipt of this order; or
C. Apply to the local government unit for an exemption or no-loss determination within 30 days
of receipt of this order; or
D. Submit a written petition to appeal to the Executive Director of the Minnesota Board of
Water and Soil Resources (BWSR) within 30 days of receipt of this order.
Replacement shall be accomplished by doing the following: See Attachment B.
Attachments are a part of this document (check one)
IZI Yes
[]No
The enforcement authority shall rescind this order if the landowner/responsible party obtains
approval for an after-the-fact replacement plan, exemption determination, or no-loss determination from the
local government unit. If an after-the-fact approval is not received, the landowner/responsible party must
restore the wetland as specified in this order. Upon Completion of the restoration and/or replacement work
required by this order, the landowner/responsible party shall contact the Soil and Water Conservation District
and request that a Certificate of Satisfactory RestorationlReplacement be issued.
If you choose to appeal thetenns or conditions of this order, a written request must be submitted to
the BWSR Executive Director within 30 days of receiving this order. If this written request is not submitted
to the BWSR within 30 days, this restoration/replacement order shall become final.
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[EnD cern t Officer]
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Date
Issuance Record:
in person or )( by certified mail on o,;;l /.;;3 / 06-
[Date)
Lewandowski - Replacement Order.doc
Page 1 of2
(April 20(3)
ATTACHMENT A
Findings of Fact:
Phases 1 and 2 ,
The Edina Development Corporation applied for a Wetland Conservation Act (WCA) Replac.e~ent Plan for
the AlbertVillas Development Phases 1- 2 requesting to fill 1.24 acres of wetlands (See ExhibIt 1).
Through project review and recommendations by city agents and the Technical Evaluation Panel (TEP),
changes were made to the plan. The replacement plan was approved, as amended, by the City of Al~e~e
on June 21, 2000 (See Exhibit 2). The final plan appears to show 1.64 acres of wetland fill (See ExhibIt 3).
These areas have been filled for residential development. The TEP agrees that these areas are not restorable
due to the development.
The replacement plan required 2.19 acres of New Wetland Credit (NWC) and 7.43 acres of Public Value
Credit (PVC) for storm ponds (See Exhibit 3). The NWC mitigation areas were labeled on the plan as areas
1m through 6m. Mitigation areas 1m - 5m do not meet the requirements of the replacement plan.
Additionally, the Deed Restrictions and Covenants for Replacement Wetlands that were required by law
have not been filed. Numerous letters have been sent to Edina Development from city representatives
requiring them to remedy the wetland replacement areas as required. As of the date of this order, this has not
fully' occurred. Areas 1m and 5m have not been graded and area 2m has been only partially graded. Areas
3m, 4m, and parts of area 2m were graded in November and December of2004, however as-built
specifications for size and depth have not yet been provided confirming the specifications. Also, it has been
reported that seeding was done in the graded areas, however the mulch was not anchored and was blown
away during high winds.
The TEP has also noted that additional fill has been placed in the area between 7f and Sf (See Exhibit 4).
This additional fill was not approved and is in violation of the Wetland Conservation Act. This material
must be removed. Alternately, the developer could apply for a wetland replacement plan for this area as
indicated in Attachment B.
Phases 3. 4.. and 6
The Edina Development Corporation applied for a WCA Replacement Plan for AlbertVillas Phases 3, 4, and
6 on December 11, 2000 (See Exhibit 5). The original request was to fill 0.53 acres of wetlands. After
review, wetland impacts were reduced to 0.25 acres in the final plan (See Exhibit 6). As part of the review
and approval process, the TEP had several questions and comments related to the application which were
responded to by the wetland consuhant for Edina The primary issues addressed by Edina's consultant as
they related to the wetland replacement application included:
1. A 16.5 foot buffer be placed surrounding the wetlands and
2. The wetlands are to be placed under a conservation easement on the property deed, with signage
stating that the wetlands are protected
The application was approved according to the responses provided Edina's wetland consultant. They are:
1. Edina development proposes a 30 foot buffer strip along the borders of both existing wetlands and
proposed mitigation areas and;
2. All wetlands will be placed under a conservation easement on the property deeds. Signage will be
placed along the border of the buffer strip. The signage will state that the area is a wetland and
natural buffer zone and as such should not be impacted by mowing, filling, or draining.
Additionally, as required under approval of the replacement plan, deed restrictions and covenants were not
filed. wi~ the Wright County Recorders Office for the mitigation wetlands and wetland mitigation
momtonng reports for the wetlands created have not been received by the LGU. As of the date of this order
none of the above listed requirements under the approved replacement pIan have been c-ompleted. "
ATTACHMENT B
Replacement shall be accomplished for Phases 1 and 2 by either A or B below:
A. The replacement plan shall be fulfilled as proposed. Grading must occur for Areas 1m and5m,
and completed for area 2m. As-built specifications including size and depth contours shall be
submitted that confirm that these areas meet the required specifications. Areas 1m - 5m shall be
broadcast seeded with a wet-meadow mix, mulched, and anchored by disk or other means. Deed .
Restrictions and Covenants for Replacement Wetlands shall be recorded for all mitigation areas.
Copies shall be provided to the LGU and the TEP. Signs shall be placed at the edges of mitigation
areas. Wetland fill between areas 7f and Sf shall be removed. All of these activities must occur
by June 1, 2005. Violation is a misdemeanor offense and charges will be filed ifnot complete by
this date.
B. If any of the above measures cannot be performed, Edina Development shall submit a complete
application to the City of Albertville requesting to modify the original replacement plan. This
plan shall be received no later than 30 days from the receipt of this order. If a plan is not received
within 30 days, it will be assumed that Option A, as above, will be followed. A plan submitted at
a later date will not fulfill the requirements of this replacement order.
For a plan to be considered. complete it must contain a description of proposed changes to the
above. The TEP has concurred that they are willing to consider alternative areas for new wetland
credit, however, it would now be on a 4: 1 ratio and must occur onsite within or adjacent to the
project boundaries (all phases acceptable.)
All construction, seeding, deed recordings, and sign placement of any newly proposed mitigation
areas must occur by the final deadline of June 1, 2005. Violation is a misdemeanor offense and
charges will be filed if not complete by this date.
Replacement for Phases 3, 4, and 6 shall be accomplished by either A or B below:
A. The replacement plan shall be :fulfilled as proposed. Proposed 30 foot buffers shall be provided as
approved. All wetlands shall be placed under a conservation easement on the property deeds.
Signage shall be placed along the border of the buffer strip. The signage should state that the area
is a wetland and natural buffer zone and should not be impacted. All of these activities must occur
by June 1,2005. Violation is a misdemeanor offense and charges will be filed ifnot complete by
this date.
B. If any of the above requirements cannot be completed, Edina Development shall submit a
complete plan to the City of Albertville requesting to modify the original replacement plan. This
pl~ .shall be r~iv~d no later than 30 days from the receipt of this order. If a plan is not received
WIthin 30 day:s, It WIll be assumed that Option A, as above, will be followed. A plan submitted at
a later ~e Wl.ll not fulfill the requirements of this replacement order. All activities approved
under this option must be complete by June 1, 2005. Violation is a misdemeanor offense and
charges will be filed if not complete by this date.
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Mr. Joel Schilling - City of Albertville
3535 Vadnais center Drive
Vadnais Heights, Minnesota 55014
NOTICE OF WETLAND CONSERVATION ACT APPLICATION
FOR IMPACTS >10,000 SQUARE FEET
Name of Applicant: Edina Development Coq>oration
Application Number: 001
Type of Application (check one):
o Exemption
. Replacement Plan
o No Loss
o Banking Plan
Date of Application: March 7.2000
Location of Project:
NII2 & E1/2
1/4 1/4 1/4
2 & 11120N 24W
Sec. Twp. Range
Summary of Project: The project purpose is to provide single unit housing for the increasing
population of Albertville.. Minnesota.. The involves the development of a 235.17 acre parcel that
contains agricultural fields, wetlands, woods, and two farmsteads. The planned development
consists of three phases over a five year period. Phase lis scheduled to be completed in 2000.
Phase II is scheduled to be completed in 2002 and Phase ill in 2005. Phase I & II include the
development of 177 single family units on approximately 135 acres. Phase ill will be composed
of 158 single family lots on approximately 100 acres. The project is zoned for agricultural use,
however, the City of Albertville has been requested to change the zoning to residential. Adjacent
properties are currently residential. The development plan calls for impacting approximately 1.24 _ .
acres of wetland. Wetland compensation will include creation of 2.65 acres of new wetland
credit.
You are hereby notified that the above-referenced application was made on the date stated
above. . A copy of the Application is attached. Comments will be accepted on this application until
March 28;2000 (date).
Date of mailing of this Notice:
[LOCAL GOVERNMENT UNIT]
BY:~~
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,2000
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City of Albertville
5975 Main AvenueNE
Albertville, Minn. 55301
NOTICE OF WETLAND CONSERVATION ACT DECISION
Name of Applicant: Edina Development Corporation
Application Number: 001
Type of Application (check one):
o
o
Exemption Decision
No Loss Decision
. Replacement Plan Decision
o Banking Plan Decision
Date of Decision: June 21, 2000
list of Addressees:
Mr. Rick Lewandowski, Edina Development Corporation
Mr. Mark McNamara, Wright County SWCD
Ms. Lynda Peterson, BWSR
Department of Natural Resources Regional Office
DNR Wetlands Coordinator
You are hereby notified that the decision of the Local Government Unit on the above-
referenced application was made on the date stated above. 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 fifteen (15) days of the date of the mailing of this Notice.
Date of mailing of this Notice:
[LOCAL GOVERNMENT UNIT]
June 28, 2000
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Title: ~...,'o..r Scl'fh+ts.T I I-G-l{
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FINDINGS AND CONCLUSIONS
The City of Albertville, represented. by Short Elliott Hendrickson Inc.@ (SEH) as the Local
Government Unit (LGU), has approved the replacement plan for the Albert Villas Development
as outlined and submitted to the City in the May 5, 2000 pemrit application addendum. The
original project Minnesota Wetland Conservation Act permit application and replacement plan
was submitted to the City on September 21, 1999. An addendum to the application, dated
December 1999, was submitted that reflected. changes to the original application.
A Technical Evaluation Panel (TEP) meeting was held on April 3, 2000 to discuss changes to the
wetland impacts from the project layout. Changes in lot layouts with respect to wetland impacts
were discussed and implemented.. The sequencing outlined by the applicant was approved..
These changes are reflected in the wetland permit addendum dated May 5, 2000. The actual
amount of wetland impact had not changed., rather the locations of wetland impacts. The May 5
addendum includes creation of additional Public Value Credit (PVC) credit for construction of
stormwater detention ponds. Wetland impacts are being replaced at a 2: 1 ratio with additional
PVC. On-site wetland creation is proposed at greater than a 1: 1 ratio.
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MITIGATION PLAN
OF: ALB LLAS
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LEGEND
m DENOTES EXISTING WETLAND DELINEATED BY PINNACLE ENGINEER
fZiil DENOTES WETLAND MITlGA TlON AREA
mlDENOTES IMPAClED WETLAND
EJ DENOlES EXISTING DRAINAGE DITCH
18SDENOTES IMPACT DRAINAGE DITCH
m::l DENOlES DITCH THROUGH UPLAND
- DENOTES NEW DRAINAGE DITCH THROUGH UPLAND AREAS
RETLAND MI11GA nQN AREAS
keo to be Mitlgoted 'Area (In acres)
1m 0.35
2m 0.39
3m 0.21
h"i'IY 4m 0.11
SIn 0.08
6m 1.05
Totel - 2.19: Acre$
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UPLAND DITCH AREA
ArtKJ to be fI/Jed Areg (In acres)
lu. 0.4-7
2u 0.35
3u 0.20
.fu 0.18
5u 0.15
Total -1.35% Acr~
RETLAND
keo to be filled keo (In ocru)
1( 0.04
2f 0.29
3( 0.15
4( 0.24-
5f 0.01
6( 0.07
7f 0.24-
8( 0.04
9f 0.27
tOf 0.03
IU 0.04
12f 0.05
IJf 0.17
Total Impact Area = 1.64:t: Acres
NURP POND AREAS
Pond No. Area (In acres)
1 0.57
2 1.20
J t.12
4- 0.93
5 t.26
6 1.32
7 1.03
Total =7.4.3::1: Acr....
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12f
13f
.0.01
0.07
0.24
0.04
0.27
0.03
0.04-
0.05
0.17
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Total Impact Area =1.64:t Acres
NURP POND AREdS
Pond No. Area (in acres)
1 0.57
2 1.20
.3 1.12
.f. 0.93
~ 1.21>
6 1.32
7 1.03
Total ==7.43:1: Acres
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Mr. Todd Udvig-City of Albertville
3535 Vadnais Center Drive
Vadnais Heights, Mn. 55014
NOTICE OF WETLAND CONSERVATION ACT APPLICATION
FOR IMPACTS >10,000 SQUARE FEET
Name of Applicant: Edina Development Corporation
Application Number: 002
Type of Application (check one):
o Exemption
. Replacement Plan
,0 NoLoss
o B~nking Plan
Date of Application: December 11. 2000
Location of Project: NE NW 11 120N 24W
1/4 1/4 1/4 Sec. . Twp. Range
Summary of Project: The project purpose is to provide single unit housing for the increasing
population of Albertville~ Minnesota... The involves the development of a 100 acre parcel that
contains agricultural. fields, wetlands, woods, and farmsteads. The planned deyelopment consists
of Phase 3 of a three phase project. Phase III is propos~d to be completed in 2002. Phase I & IT
include the development of 177 single family units Un approximately 135 acres. ,Phase III will be
composed of 156 single family lots on approximately 100 acres. The project is zoned for
agricultural use, however, the City of Albertville has been requested to change the ~oning t9
residential. Adjacent properties are currently residential. The development plan calls for
impacting approximately 0.53 acres of wetland. Wetland compensation will incIud~ creation of
0.55 ~cres of new wetland credit and 5.87 acres of Public Value Credit (pVC).
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You are hereby notified that the above-referenced application was made on the date stated
abQve. A copy of the Application is attached. Comments wilt be accepted on this appli'cation until
December 30. 2000
Date of mailing of this Notice:
December 11
, 2000
By:
OVERNMENT UNIT]
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Title:
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