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2003-02-12 Application for Approval Wetland~- ROBERT L HOFFMAN LARKIN HOFFMAN DALY cYL LINDGREN LTD W'LL'""'G.TM'oR"R°" GERALB H. FRIEDELL . > > > DOUGLAS M. RAMLER EDWARD J. ORISCOLL JOHN D. FULLMER ATTORNEYS A T LAW LYNN M. STARKOVICH T ~EN~ . i FRANK I. HARVEY TI{ DER CHARLES S. MODELL DANIEL T. KADLEC CHRISTOPHER J. DIETZEN 0 WELLS FARGO PLAZA ~ F„ U M A LINDA H. FISHER 150 N & I Lt ARO THOMAS P. STOLTMAN KENNETH COREY-EDSTROM MICHAEL c. JACMdM~ 7900 XERXES AVENUE SOUTH ANN M. MEYER JOHN E DIEHL JAMES M. SUSAG' JON S. SWIERZEWSKI BLOOMINGTON, MINNESOTA 55431-1194 DANIEL J. BAWNRNE THOMAS 1 FLYNN JEFFREY D. CAHILL JAMES P. OUINN TELEPHONE (952) 835-3800 JOSEPH J. FTTTAME, JR TODD L FREEMAN THOMAS J. OPPDID" GERALD L BECK FAX 952 896-3333 ( ) CYNTHIA M. KLAUS JOHN B. LUNOOUIST MARK D. CHRISTOPHERSON DAYLE NOIAN' HEAL J. BLANCHETT JOHN A COTTER' TAMARA O'NEILL MORELAND PAUL 8. RUNI~TT JAMES A MCGREEW, III KATHLEEN M. PICOTTE NEWMAN THOMAS A. GUMP' GREGORY E. KORSTAD TODD A TAYLOR GARY A VAN CLEVE' CHRISTOPHER J. DEIKE TIMOTHY J. KEANE GENEVIEVE A. RECK MICHAEL yy SCFILEY DIONNE M. BENSON TERRENCE E. BISHOP JEREMY C. STIER GARY A RENNEKE JOANI C. MOBERG CHRISTOPHER J. HARRISTFULL CHRISM. HEFFELBOWER KENDEL J. OHLROGGE MK7UIEL A ESSIEN BRUCE J. DOUGLAS ANNE M. OLSON WILLIAM C. GRIFFffH, JR JOHN R HILL " OF COUNSEL PETER J. COYLE JAMES P. LARKIN' LARRY D. MARTIN JACK F. DALY JANE E. BREMER D. KENNETH LINDGREN JOHN J. STEFFENMAGEN MICHAEL J. SMITH ALSO ADMITTED IN WISCONSIN ANDREW F. PERRIN ONLY ADMITTED IN KANA RONALD S. LONDON FREDERICK W. NIEBUHR February 12, 2003 Mr. Tim Fell U. S. Army Corps of Engineers St. Paul District Regulatory Branch 190 Fifth Street East St. Paul, Minnesota 55101-1638 Re: Contractor Property Developers Company Towne Lakes (Phase II) Mixed Use Development City of Albertville, Wright County, Minnesota Application for GP/LOP-98-MN Our File No. 19,501-10 Dear Tim: This letter transmits one copy of Contractor Property Developers Company's application for appro~j al of a Section 404 Permit (GP/LOP-98-MN) fora 20,074 square feet of wetland fill, excavation and drainage for the Towne Lakes mixed use development in Albertville, Minnesota. The enclosed wetland permit application booklet also addresses the related application to the City of Albertville for approval of a wetland replacement plan under the Minnesota Wetland Conservation Act. It also includes an unexecuted copy of the combined project application form. We are in the process of having the form executed by the applicant and will transmit it to you under separate cover. As we discussed, we are requesting that the City convene a technical evaluation panel meeting to consider the application as soon as practicable. We will inform you of the date of the technical evaluation panel meeting in the event that you are able to attend. If you have any questions regarding this submittal, please call me at 952-896-3210. Sincerely, -~~~ ~~~~ Linda H. Fisher, for LARKIN, HOFFMAN, DALY &LINDGREN, Ltd. LARKIN, HOFFMAly, DALY & LINDGREN, LTD. Mr. Tim Fell February 12, 2003 Page 2 Enclosure cc: Ms. Linda Goeb, City Administrator, City of Albertville Pete Carlson, Short Elliott Hendrickson, Inc. Ms. Colleen Allen, Wright County Soil and Water Conservation District Ms. Lynda Peterson, Minnesota Board of Water and Soil Resources Mr. John:Hiebert, Minnesota Department of Natural Resources, Fisheries Mr. Doug Norris, Minnesota Department of Natural Resources Ecological Services Mr. Wayne Barstad, Minnesota Department of Natural Resources, Region 6 Mr. Dave Hempel, Contractor Property Developers Company Mr. David Weetman, Westwood Professional Services Mr. Fran Hagen, Westwood Professional Services 834450.1 ROBERTL MOFFMAN LARKIN HOFFMAN DALY (X. LINDGREN LTD. > WILLIAM G. THORNTON RAMLER OUGLAS M GERALD H. FRIEDELL EDWARD J. DRISCOLL > > ATTORNEYS A T LAW . D LYNN M. STARKOVICH KAMINSKI STEPHEN J JOHN D. FULLMER FRANK I. HARVEY . THOMAS F. ALE%ANDER CHARLES S. MODELL DANIEL T. KADLEC CHRISTOPHER J. DIETZEN 1500 W ELLS FARGO PLAZA SAN F BOLLARD LINDA H. FISHER THOMAS P. STOLTMAN . SU KENNETH COREY-EDSTROM MICHAEL C. JACKMAN 7900 XERXES AVENUE SOUTH ANN M. MEYER JOHN E. DIEHL JAMES M. SUSAG' JON S. SWIERZEWSKI BLOOMINGTON, MINNESOTA 55431-1194 DANIEL J. BALLINTINE THOMAS J. FLYNN JEFFREY D. CAHILL JAMES P. GuwN TELEPHONE (952) 835800 JOSEPH J. FITTANTE, JR. " TODD I. FREEMAN THOMAS J. OPPOLD GERALD L SECK FAX 952 896-3333 ( ) CYNTHIA M, KLAUS JOHN B. LUNDOUIST MARK D. CHRISTOPHERSON DAVLE NOLAN' NEAL J. BLANCHETT JOHN A COTTER' TAMARA O~NEILL MORELAND PAUL B. PLUNKETT JAMES A. MCGREEW, III KATHLEEN M. PICOTTE NEWMAN THOMAS A. GUMP' GREGORY E. KORSTAD TODD A. TAYLOR GARY A VAN CLEVE ` CHRISTOPHER J. DEIKE TIMOTHY J. KEANE GENEVIEVE A. BECK MICHAEL W. SCHLEY DIONNE M. BENSON TERRENCE E. BISHOP JEREMY C. STIER GARY 0. RENNEKE JOANI C. MOBERG CHRISTOPHER J. HARRISTHAL CHRIS M. HEFFELBOWER KENOEL J. OHLROGGE MICHAEL A. ESSIEN BRUCE J. DOUGLAS ANNE M. OLSON WILLIAM C. GRIFFRH, JR' JOHN R HILL - OF COUNSEL PETER J. COVLE JAMES P. LARKIN ` LARRY D. MARTIN JACK F. DALY JANE E. BREMER 0. KENNETH LINDGREN JOHN J. STEFFENHAGEN MICHAEL J. SMITH ALSO ADMITTED IN WISCONSIN ANDREW F. PERRIN " ONLY ADMITTED IN IOWA RONALD S. LONDON FREDERICK W. NIEBUHR February 12, 2003 Mr. Pete Carlson Short Elliott Hendrickson, Inc. 113 Fifth Avenue South P. O. Box 1717 St. Cloud, Minnesota 56302-171 Ms. Colleen Allen Wright County Soil and Water Conservation District 306C Brighton Avenue Buffalo, Minnesota 55313 Ms. Lynda Peterson Minnesota Board of Water and Soil Resources One West Water Street, Suite 200 St. Paul, Minnesota 5 Mr. John Hiebert Minnesota Department of Natural Resources, Fisheries 7372 State Highway 25 SW Montrose, MN 55363 Re: Contractor Property Developers Company-Towne Lakes Mixed Use Development City of Albertville, Wright County, Minnesota-Application for Minnesota Wetland Conservation Act Wetland Replacement Plan Approval Our File No. 19,501-10 Dear Messrs. Carlson and Hiebert and Ms. Allen and Ms. Peterson: Enclosed please find one copy of Contractor Property Developers Company's application for approval of a wetland replacement plan under the Minnesota Wetland Conservation Act for 20,306 square feet of wetland fill for the Towne Lakes Phase II mixed use development in Albertville, Minnesota. The companion application for approval of a Section 404 permit (GP/LOP-98-MN) is being submitted by separate cover to Tim Fell, U. S. Army Corps of Engineers, St. Paul District Regulatory Branch. The enclosed wetland permit application includes an unexecuted combined project application form. We are in the process of obtaining execution of the form from Contractor Property Developers Company and will transmit an executed copy to you by separate cover. LARKIly, HOFFMAN, DALY & LiNDGREN, LTD. Mr. Pete Carlson Ms. Colleen Allen Ms. Lynda Peterson Mr. John Hiebert February 12, 2003 Page 2 We request that the LGU, the City of Albertville schedule a technical evaluation panel meeting at your earliest convenience. Please contact me to coordinate scheduling of this meeting. I will work with the applicant and the development team members to coordinate our respective calendars. If you have any questions concerning the application, please feel free to call me at 952-896-2910. Sincerely, ~~~ ~~~ Linda H. Fisher, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. Enclosure cc: Doug Norris, Minnesota Department of Natural Resource, Ecological Services Wayne Barstad, Minnesota Department of Natural Resources, Region 6 Tim Fell, U. S. Army Corps of Engineers Linda Goeb, City of Albertville Dave Hempel, Contractor Property Developers Company Dave Weetman, Westwood Professional Services Fran Hagen, Westwood Professional Services 834460.1 Westwood Professional Services, Inc. MEMORANDUM DATE: February 12, 2003 TO: Mr. Pete Carlson, City of Albertville c/o SEH, Inc. 113-5th Avenue South, PO Box 1717, St. Cloud, MN 56302-1717 Ms. Linda Goeb, City of Albertville P.O. Box 9, Albertville, MN 55301-0009 CC: Mr. Tim Fell, U.S. Army Corps of Engineers, Regulatory Branch 190 Fifth Street East, St. Paul, MN 55101-1638 Mr. John Hiebert, Minnesota Department of Natural Resources, Fisheries 7372 State Highway 25 SW, Montrose, MN 55363 Ms. Colleen Allen, Wright County Soil and Water Conservation District 306C Brighton Ave, Buffalo, MN 55313 Ms. Lynda Peterson, Minnesota Board of Water and Soil Resources One West Water Street, Suite 200, St. Paul, MN 55107 Mr. Doug Norris, DNR-Ecological Services 500 Lafayette Rd., St. Paul, MN 55155 Mr. Wayne Barstad, Minnesota DNR, Region 6 1200 Warner Road, St. Paul, MN 55106 Mr. Dave Hempel, Contractor Property Developers Company 7100 Northland Circle, Suite 108, Brooklyn Park, MN 55428 "~ 7599 Anagram Drive Eden Prairie, Minnesota 55344 Phone: 952/937-5150 Fax: 952/937-5822 Ref 19990360.01 Ms. Linda Fisher, Larkin, Hoffman, Daly, & Lindgren, Ltd. 1500 Wells Fargo Plaza, 7900 Xerxes Ave. South, Bloomington, MN 55431-1194 Mr. Fran Hagen, Westwood Professional Services, Inc. FROM: David Weetman, EnvironmentaUWetland Scientist RE: Request for Wetland Permit Approvals, Towne Lakes (Phase II) Mixed-Use Development City of Albertville, Wright County, Minnesota With this submission we are requesting approvals from (1) the City of Albertville as the Local Government Unit (LGU) under the Minnesota Wetland Conservation Act (WCA) for 20,306 square feet (0.47 acre) of WCA jurisdictional wetland fill, and (2) the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act for 20,074 square feet (0.46 acre) of wetland fill, excavation, and drainage for the Towne Lakes Mixed-Use Development in Albertville, Minnesota. In addition, the Applicant will seek, under separate application, a DNR Public Waters Work Permit for 1,921 square feet (0.04 acre) of proposed wetland fill for a road crossing over a public watercourse north of Mud Lake. The Applicant is proposing to replace wetland and watercourse impacts onsite with 29,304 square feet (0.67 acres) of New Wetland Credit (NWC) in the form of wetland creation and 29,304 square feet (0.67 acre) of Public Value Credit (PVC) in the form of upland buffer. The Applicant plans to bank excess wetland replacement credits. The WCA notice specifying the duration of the comment period will be forthcoming from Mr. Pete Carlson on behalf of the City of Albertville. If you have questions regarding this submittal, please call me at 952-906-7419. 1 r ~~ ' WETLAND PERMITS APPLICATION Towne Lakes (Phase II) Mixed-Use Development NW ~/a Section 36, T121 N of R24W Albertville, Minnesota February 12, 2003 Local Governmental Unit ' - City of Albertville '; Ms. Linda Goeb lb~rtv~~ ~ ~ P.O. Box 9 ' Smell ioion living. Big ;`iai life. Albertville, MN 55301-0009 Phone: (763) 497-3384 0 Project Proposer Fax: (763) 497-3210 ~, Contractor Property Developers Company "~ Mr. Dave Hempel Suite 108, 7100 Northland Circle Brooklyn Park, MN 55428 Phone: (763) 971-0477 Cre~fiogNeighhorhoadsoiMerit Fax: (763) 971-0576 Consultant to Project Proposer Westwood Professional Services, Inc. 7599 Anagram Drive Eden Prairie, Minnesota 55344 Phone: (952) 937-5150 Fax: (952) 937-5822 Project No: 19990360.01 i~ n (~ WETLAND PERMITS APPLICATION Towne Lakes (Phase 11) Mixed Use Development City of Albertville, Minnesota February 12, 2003 Ii II PERMITS REQUESTED • Wetland Conservation Act Certification of Wetland Replacement from the City of Albertville • § 404 GP/LOP-98-MN (LOP B) Authorization from the U.S. Army Corps of Engineers CONTENTS • Combined Project Application (CPA) Form for General Purpose Projects • Narrative • Exhibits and Appendices EXHIBITS 1. Site Location 2. USGS Topography 3. 2002 Aerial Photography and Adjacent Land Use 4. National Wetlands Inventory Mapping 5. Soils Mapping (Soil Survey of Wright County, Minnesota) 6. Wetland Boundary Map 7. Wetland Conservation Act Wetland Impact and Replacement Plan 8. Corps of Engineers Wetland Impact and Replacement Plan 9. Wetlands B and D Avoidance Site Plan -WCA, Corps, and DNR Impacts 10. Proposed Site Plan -WCA, Corps, and DNR Impacts 11. Area M1 -Wetland Replacement and Revegetation Plan 12. Area M2 -Wetland Replacement and Revegetation Plan APPENDICES 1. Wetland Delineation Confirmation Letters and Wetland Boundary Map 2. Native Wetland Seed Mix Specifications 3. Title Commitment (Evidence of Property Rights) 4. Declaration of Restrictions and Covenants for Replacement Wetland (DRAFT) ' APPLICANT AGENTS Contractor Property Developers Company Mr. Dave Hempel Suite 108, 7100 Northland Circle Brooklyn Park, MN 55428 ' Phone: (763)971-0477 Fax: (763)971-0576 i~ Westwood Professional Services, Inc. Mr. David M. Weetman 7599 Anagram Drive Eden Prairie, MN 55344 Phone: (952) 937-5150 Fax: (952) 937-5822 Larkin, Hoffman, Daly, & Lindgren, Ltd. Ms. Linda H. Fisher 1500 Wells Fargo Plaza 7900 Xerxes Ave. South Bloomington, MN 55431 Phone: (952) 896-3210 Fax: (952) 896-3333 i 0 0 I~ LOCAL-STATE-FEDERAL WATER RESOURCE COMBINED PROJECT APPLICATION (CPA) FORM 'FOR GENERAL PURPOSE PROJECTS This application is for use wirer projects are proposing to impact water/wetland resources regulated by the following agencies: • Local government units (LGUs) implementing the MN Wetland,Conservation Act (WCA) • MN DNR, Division of Waters • U. S. Arn~v Corps of Engineers (ACOE). Recaufatorv BrarrchlMN Pollution Control Aaencv General Project* Application Instructions: fl 0 I~L~ J u r~ For assistance with any questions on the instructions or application, contact your local Soil and Water Conservation District (SWCD). A. If the project affects only DNR Public Waters/Wetlands (PWW), submit the information described on Page 2 along with completed CPA form to the DNR Regional Office (listed ®n Page 2 of this packet). Discard pages 5-6. B. If the project affects only WCA-regulated or U.S. Army Corps of Engineers (ACOE) Sec. 404-regulated wetland areas, submit completed CPA form to WCA LGU, and to the (ACOE) Project Manager (addresses listed on Page 6 of this packet)'`*. C. If the project affects both categories above, submit completed CPA form to all appropriate authorities. "Note: Do not use this CPA form for public transportation authority projects. Complete the Local-State- Federal Water Resource CPA Form for Public Transportation Projects.. **Up-to-date information on the ACOE regulatory program can be obtained from the Internet at http://www. m vp. usace. arm y. mil. n n u J I~ u Local-State-Federal Water Resource Combined Project Application Form for General Purpose Projects INSTRUCTIONS FOR PERMIT APPLICATION TO WORK IN DNR PUBLIC WATERS OR WETLANDS Statutory Authority: Minnesota Statutes § 103G.245 makes it unlawful for the state, any person, partnership, association, private or public corporation, county, municipality or other political subdivision of the state, to change the course, current orcross-section of any DNR public waters or wetlands without a written permit previously obtained from the Commissioner of Natural Resources. Warning: Any work in DNR public waters or wetlands that requires a permit cannot legally be started until a permit and a Notice of Permit Card have been issued by the Department of Natural Resources. Any work in a public waters or wetlands without a permit is a misdemeanor and is punishable by fines up to $700 and/or 90 days in jail. The Commissioner also has the authority to require restoration of any work done without a permit or beyond the work authorized by a permit and shall assess double the additional application fees, as welt as the actual cost for any field inspection. 2. Who should apply: Application must be made on the attached form and submitted to the DNR Regional Office for the area where the proposed proiect is located (see map below) by the riparian (shoreline) owner of the land on which the project is proposed, except: a. A government agency, public utility or corporation authorized by law to conduct the project may apply if the property rights acquired or to be acquired are fully described in the application. An authorized agent should be identified on the application in Part 1 and sign where appropriate. b. A holder of appropriate property rights such as a lease or easement may apply provided that the application is countersigned by the owner and accompanied by a copy of the lease or other agreement. A permit will be issued for the term of the lease only. c. A prospective lessee of state-owned lands may apply for a permit in their own name after a lease has been requested for the Department responsible for the affected lands. The lease request and the permit application will be processed concurrently. 3. Fees and Application Instructions: No DNR permit can be processed until all application fees have been paid. Contact the appropriate Regional Office (see below) for full Public Waters Work Permit application instructions, the checklist DNR uses to identify projects subject to Minnesota Pollution Control Agency review, and fee information. These instructions, checklist and fee information can also be viewed on the DNR's web site at http://www.dnr.state. mn.us/waters/forms/index/html. Make sure that you furnish all information that is requested in the full application instructions and sign the application form. Lack of requested information and required fees would cause delay in your application. For additional information and assistance, contact the appropriate Regional Office or the Division of Waters in St. Paul. Region 1 2115 Birchmont Beach Road N.E. Bemidji, MN 56601 (218)755-3973 Region 2 1201 East Highway 2 Grand Rapids, MN 55744 (218) 327-4416 Region 3 1601 Minnesota Drive Brainerd, MN 56401 (218)828-2605 Region 4 Box 756, Highway 15 South New Ulm, MN 56073 (507) 359-6053 Region 5 2300 Silver Creek Rd. N.E. Rochester, MN 55906 (507} 285-7430 Region 6 1200 Warner Road St. Paul, MN 55106 (651)772-7910 Central 500 Lafayette Road Office St. Paul, MN 55155-4800 (651)296-4800 This in ormation is available in an alternative format u on re uest. Westwood Professional Services, Inc. (952) 937-5150 Page 2 0 ii 1 L 0 u I~ u ~~ Local-State-Federal Water Resource Combined Project Application Form for General Purpose Projects LOCAL/STATE/FEDERAL WATER RESOURCE COMBINED PROJECT APPLICATION (CPA) FORM FOR GENERAL PURPOSE PROJECTS Use this form to apply to the U.S. Army Corps of Engineers, the A-1innesota Department of Natural Resources, and your Local Government Unit for a proposed wetland water project or work that may fall within their jurisdiction. These agencies should advise you of their jurisdiction or additional permit requirements within 45 days. Some LGUs may also require submission of their own application forms. Fill out this form completely and mail a copy, with all required attachments, to the agencies determined in the INSTRIJCTIONS on page 6. AGENCY USE ONLY: LGU NUMBER MNDNR NUMBER CORPS NUMBER I. APPLICANT INFORMATION Mr. Dave Hempel, Contractor Property Developers Company David Weetman, Westwood Professional Services. Inc. Name(s) of Applicant Name(s) Authorized Agent 7100 Northland Circle. Suite 108, Brooklyn Park, MN 55428 7599 Anagram Drive, Eden Prairie. MN 55344 (Street, RFD/Box No., City, State, Zip Code) (Street, RFD/Box No., City, State, Zip Code) (763) 971-0477 (763) 971-0576 (952) 906-7419 (952) 937-5822 . Telephone Fax Telephone (Fax) II. PROPOSED IMPACTED WETLANDNVATER RESOURCE INFORMATION (Attach delineation report) A) Location: NW Y. Section 36, T121 N of R24W Lot NA Block NA Subdivision NA UTM Coordinates(optional): X: 448,149 m N Y: 5,010,877 m E Fire No., Box No., or Project Address: NA County Name/Number: Wright / 86 Property ID# (if known): NA Minor Watershed Name/Number: Miss. River (St. Cloud) / 17 .Name and Number of affected water body (if known): NA B) Check one: ^ Lake ^ Shoreline ^ Waterway D Wetland Total resource acreage, and type, if wetland: Acres: See table below Circular 39: See table below /NWI: See table below Impact acreage, and type, if wetland: Acres: See table below Circular 39: See table below /NWI: See table below Topographic setting (check one): ^ Riverine ^ Shoreland ^ Floodplain ^ Flowthrough ^ Tributary ^ Isolated See table below C) Estimated size of surface water drainage into wetland/water: Acres: See table below Is wetland within a shoreland wetland protection zone or the floodplain of a watercourse? Yes 8 No ^ If so, distance and direction to waterbody or watercourse: Four of the six wetlands (A, B, E, and F) are within 800 linear feet of Mud and School Lakes in a north to northwestern direction. Length of shoreline affected, in feet (if applicable): 0 feet (The project includes one stormwater conveyance channel affecting. 20 feet of shoreline, but this is not a negative affect). D) Describe land use in the immediate watershed (attach map or aerial photo) See attached Exhibit 3 List the dominant vegetation (ex. willows, cattails, grass, sedges, open water) See table below Wetland Wetland Proposed Proposed Drainage Basin Size Type Type Dominant Vegetation FiII Drainage Fill Drainage Topographic Area ID (sq. ft.) (Girt. 39) (Cowardin) (sq. ft.) (sq. ft.) (acres) (acres) Setting Lacres) Al 5,177 5 PUBH reed canary grass 1,921 0 0.04 0.00 Flow-through 6.5 A2 4,730 ~ PEMA reed canary grass 4,256 0 0.10 0.00 Flow-through 6.5 B 8,400 1 PEMAf reed canary grass, curly 1,356 4,448 0.03 0.10 Isolated 18.6 dock, smartweed C 7,357 1 PEMAd reed canary grass 0 1,038 0 0.02 Tributary 14.0 D 6,804 1 PEMAd reed canary grass, 5,146 0 0.12 0.00 Tributary 2.9 smartweed E 2,960 1 PEMAd reed canary grass 2,960 0 0.07 0.00 Isolated 3.3 F 19,914 5; 113 PUBH; reed canary grass 1,102 0 0.03 0.00 Flow-through 26.7 fringe PEMA/C Total 55,342 14,820 5,486 0.34 0.13 1.27 Acres E) Wetland Areas and Placement. % of Pre-settlement Wetland Remaining in County (check one): 0 <50% ^ 50%-80% or ^ > 80% Proposed Land Use (check one): ^ Agricultural land; DNon-ag. land Minimum replacement ratio(check one): ^ 1:1 8 2:1 ^ other (From a local or other ordinance, etc} F) Minimum (Wetland Conservation Act {WCA}) compensatory mitigation needed: 20.306 acres ors ew Wetland Credit 20,306 acres o sq. ublic Value Credit III. TYPE, AREA AND VOLUME OF WORK (Complete all that apply, and attach descriptive sheets or plans as applicable.) A) D DRAIN; TOTAL VOLUME AND AREA: 5,486 sg. ft. (0.13 acre) D FILL; TOTAL VOLUME AND AREA: 14,820 sg. ft. (0.34 acre) ^ EXCAVATE; TOTAL VOLUME AND AREA: ^ INUNDATE; TOTAL VOLUME AND AREA: B) 0 CONSTRUCTION, ^ REMOVAL, OR ^ REPAIR OF ONE OF THE FOLLOWING:. ^ Access Path/Drive ^ Bridge ^ Culvert ^ Dam ^ Dock ^ Riprap ^ Sandblanket 8 Road Westwood Professional Services, lnc. (952) 937-5150 Page 3 ' Local-State-Federal Water Resource Combined Project Application Form for General Purpose Projects J J ~I r n n n u u n i n 0 Other describe Stormwater ondin commercial buildin sand arkin residential house ads edestrian trail and streets. IV. PROPOSED PROJECT DESCRIPTION A) Describe the nature, purpose and benefits of the proposed project {attach additional pages as needed): See attached permit narrative. B) Estimated Project Cost: $ NA C) Timetable: project will begin on OS / 1512003 (mo/day/yr) and will be completed by 12 / 31 / 2003 (wetlands filled and replacedl. V. ALTERNATIVES ANALYSIS Provide documentation describing at least two alternatives in addition to the proposed project, including those that would avoid. impacts to the wetland/water. Attach additional sheets as necessary: See attached permit narrative. VI. ADJOINING PROPERTY OWNERS (Attach list as needed.) Name Address Ciry State Zip Code (check one) ^ See attached list. 8 Not applicable. VII. APPLICABLE WETLAND/WATERS PERMITS: (Enter X if this is the application for approval, R if permit has been received, A if previously applied for, or NA if not required) To Be Applied For DNR X Army Corps of En ' s X Town/City NA MPCA 401 Certification NA County NA Watershed District A EAW/ UAR NA Other (list} VIII. COMPENSATORY MITIGATION INFORMATION A) Wilt required mitigation be accomplished through wetland banking? (Check the statement below which best describes the method of mitigation.) ^ Yes, mitigation will be through banking only. Instructions: Attach WCA Application for Withdrawal of Wetland Credits with completed CPA form, and skip to signatures below. 0 No, mitigation will be through project-specific replacement only. Instructions: Complete this section in its entirety, and attach information listed on Page 5 -WCA Application Instructions. ^ Both, mitigation will be partly through banking, and partly through project -specific replacement. Instructions: Complete this section for project-specific replacement information, attach information listed on Page 5 -WCA Application Instructions, and attach WCA Application for Withdrawal of Wetland Credits with completed CPA form. B) Location: NW'/< Section 36. T121 N of R24W Lot NA Block NA Subdivision NA UTM Coordinates {M1): X: 448,206 m N Y: 5,010,821 m E Fire No., Box No., or Project Address: NA UTM Coordinates (M2): X: 448.294 m N Y: 5,010,567 m E Property ID# (if known): NA County Name/Number: Wri ht / 86 Minor Watershed Name/Number: Miss. River St. Cloud / 17 Name and Number of affected water body {if known): NA C) Size and Type of Mitigation Wetlands: Credit Group NWC NWC PVC * PVC Wetland Wetland Existing Dominant Drainage Topographic Restoration or (Basin I.D.) (sq. ft.) (acres) (sq. ft.) (acres) Replacement Replacement Vegetation Area Setting Creation Type (Girt. 39) T pe (Cowardin) (±acres) M1 (NWC) 11,434 0.26 0 0 Type 3/4 PEMC/PEMF reed canary grass, 2.5 Tributary Creation curly dock, smartweed M2 (NWC) 17,870 0.41 0 0 Type 3l4 PEMBIPEMC smooth brome and 2.9 Tributary Creation Canada thistle Upland Buffer 0 0 29,304 0.67 Upland Buffer Upland Buffer unknown NA Upland Upland Buffer i (Eligible for PVC) Total 29,304 0.67 29,304 0.67 * See permit narrative for details on stormwater ponding PVC provided. D) Estimated size of surface water drainage into wetland/water: Acres: See table above Is wetland within a shoreland wetland protection zone or the floodplain of a watercourse? Yes 0 No ^ tf so, distance and direction to waterbody or watercourse: M1 and M2 are both within 1 000 linear feet of Mud and School Lakes in a northwestern direction. E) Describe land use in the immediate watershed (attach map or aerial photo) See Exhibit 3 for existing land use. List the dominant vegetation in area of proposed mitigation (ex. willows, cattails, grass, sedges, open water) See table above F) Describe how mitigation wetland will be constructed (attach additional information as needed): See attached permit narrative. G) Describe any other mitigation options considered (attach additional information as needed): See attached permit narrative. ' Westwood Professional Services, Inc. (952) 937-5150 Page 4 ' Local-State-Federal Water Resource Combined Project Application Form for General Purpose Projects Application and notification is hereby made for a permit or permits to authorize the activities described herein. I certify that 1 am familiar with ' the information contained in this application, and that, to the best of my knowledge and belief, such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities or I am acting as the duly authorized agent of the applicant. I understand that proceeding with work before all required authorizations are obtained may subject me to federal, state and/or local administrative, civil and/or criminal penalties. ' ^ Check here if the total wetland impacts are less than 2 acres in size and you elect to apply to the ACOE for a Letter of Permission (LOP C), which would provide a 15-day interagency review process (via Internet) following a WCA replacement plan approval. ' Signature of Applicant Date Signature of Agent (if listed in Section I of this CPA form) Date Mr. Dave Hempel for Contractor Property Developers Company 18 U.S.C. 3 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material factor makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. ' SEE INSTRUCTIONS FOR WCA APPLICATIONS (Pages 5-6) AND MNDNR PERMIT APPLICATIONS (Page 2) COMBINED PROJECT APPLICATION FORM FOR GENERAL PURPOSE PROJECTS WCA APPLICATION INSTRUCTIONS -PLEASE FOLLOW CAREFULLY In addition to the completed CPA form, attach the following: ' 1. A recent aerial photograph or accurate map showing: a. the location and extent of the proposed wetlands water resource impact (include delineation report); ' b. the location of any surface inlets or outlets draining into or out of the impacted wetland/water resource. 2. A soils map of the impact site, and if applicable, of the replacement wetland. if the replacement wetland is a created wetland, .include additional soils information sufficient to determine the ' capability of the site to produce and maintain wetland characteristics. All soils information, as listed, should be provided when available. 3. Evidence of ownership or rights to the affected project area and replacement areas, (or ' otherwise demonstrate to the LGU). Note: The following information is necessary if replacement is proposed specifically with this project, i.e. NOT if it will be accomplished solely using wetland mitigation banking credits. For use of MN Wetland Bank credits, attach Application for Withdrawal of Wetland Credits. 4. A recent aerial photograph or accuratemap showing: a. the location of the replacement wetland; b. the location of any surface inlets or outlets draining into or out of the replacement wetland. 5. Scale drawings of the replacement wetland showing plan and profile views and fixed photo reference points for monitoring purposes. 6. A description of how the replacement wetland shall be constructed (if not covered in item VIII, F), for example, excavation or restoration by blocking an existing tile, the type, size and specifications of outlet structures; elevations, relative to Mean Seal Level or established bench marks, of key features, for example, sill, emergency overflow, and structure height; and best management practices that will be implemented to prevent erosion or site degradation. 7. A monitoring plan. 8. For replacement wetlands located on pipeline easements, evidence that the easement holder and the Office of Pipeline Safety has been contacted. 9. Proof of replacement wetland recording notice. 10. Any other information requested. 11. Sign CPA form, Page 5, and Special Considerations and Replacement Assurances, Page 7. r ' Westwood Professional Services, Inc. (952) 937-5150 Page 5 Local-State-Federal Water Resource Combined Project Application Form for General Purpose Projects ' MAILING AND SUBMITTAL INSTRUCTIONS FOR APPLICANT A. Submit application to Wetland Conservation Act (WCA) Local Governmental Unit (LGU) (for assistance in determining LGU, contact local Soil and Water Conservation District), and submit application to the U.S. Army Corps of Engineers (ACOE) as listed in 1 & 2 below: 1. LGU/Contact Person: Ms. Linda Goeb. City of Albefirille Address: P.O. Box 9 City, State, ZIP: Albertville, MN 55301-0009 Telephone /Fax: (763) 497-3384 / (763) 497-3210 ii '] 0 u 1 J r_ 2. U.S. Army Corps of Engineers St. Paul District, ATTN: CO-R 190 5th Street East St. Paul, MN 55101-1638 Telephone /Fax: (651) 290-536C Mr. Tim Fell (651) 290-5330 B. For above projects which also impact DNR Public Waters/Wetlands, contact the appropriate DNR Regional Office as indicated on the DNR instructions, Page 2, in this packet. C. For projects which solely impact DNR Public Waters/Wetlands, refer to instructions on Page 2 ofi this packet. Special Considerations: To the best of the applicant's knowledge, are any of the following factors applicable at the impact or replacement site? Note whether present or not by indicating as follows: Impact Site (I), Replacement Site (R), Both {B), Neither (N). 1. Federal or state-listed endangered species N 2. Rare natural communities N 3. Special fish and wildlife resources including: a. fish passage and spawning areas N b. colonial waterbird nesting colonies N c. migratory waterfowl concentration areas N d. deer wintering areas N e. wildlife travel corridors N 4. Archaeological or historic sites N 5. Ground water sensitive areas N 6. Sensitive surface waters (e.g., DNR designated trout waters) N 7. Educational or research sites N 8. Waste disposal sites N 9. Is the project consistent with local plans (e.g., comprehensive wetland protection and management, watershed management, land use, zoning or master plans)? Yes 0 No ^ 10 Is the project part of a pollutant trading agreement with the MPCA? Yes ^ No 8 Westwood Professional Services, Inc. (952) 937-5150 Page 6 II II II II II Local-State-Federal Water Resource Combined Project Application Form for General Purpose Projects Replacement Assurances: Mr. Dave Hempel for Contractor Property Developers Company (Applicant(s)) state by signature below that: 1. The wetland will be replaced before or concurrent with the actual draining or filling of a wetland, OR; an irrevocable bank letter of creditor other security acceptable to the local government unit has been provided to guarantee the successful completion of the wetland value replacement; AND, 2. The replacement wetland was not previously restored or created under a prior approved replacement plan; AND, 3. The replacement wetland was not drained or filled under an exemption during the previous ten years; AND, 4. The replacement wetland was not restored with financial assistance from public conservation programs, unless the replacement wetland qualified under Minn. Rules Chapter 8420.0540, Subp. 2. D. (3). [Check here if applicable ®]; AND, 5. The replacement wetland was not restored using private funds other than those of the landowner unless the funds are paid back with interest to the individual or organization that funded the restoration and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement. [Check here if applicable ^]; AND. 6. The Declaration of Restrictions and Covenants for the replacement wetland will be recorded, and/or Application for Withdrawal of Wetland Credits will be completed, prior to any work to impact any wetlands. I hereby affirm that the information above is correct and truthful to the best of my knowledge. ' Signature of Applicant Date Mr. Dave Hempel for Contractor Property Developers Company J J Signature of Agent (if listed in Section I of this CPA form) Date Note: Approval is not effective until all conditions above are satisFed and all signatures below are complete. No work may begin until the WCA 30-day appeal window has lapsed, or, in the event of an appeal, until the appeal has been finalized. F-OK L(iU USE ONLY A.) Replacement Plan is (check one)' ^ Approved ^ Approved with Conditions (Attach conditions) ^ Denied (LGU Official Signature) (Date) B.) LGU has received evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacemenk Wetland: (County where recorded) (Date recorded) (Documenf # assigned by recorder) (LGU Offlcial Signature Date Westwood Professional Services, Inc. (952) 937-5150 Page 7 u u 0 ~~ ;_J WETLAND PERMITS APPLICATION NARRATIVE TOWNS LAKES (PHASE ll) M/XED-USE DEVELOPMENT CITY OF ALBERTVILLE, MINNESOTA February 12, 2003 TABLE OF CONTENTS PROJECT PURPOSE, DESCRIPTION, AND WETLAND IMPACTS ........................................ Page WETLAND OVERVIEW .................................................................................................................. 3 Wetland Delineation MethodologY•-• ............................................................................................ 3 Wetland Mapping ...................................................................................................................... 3 Wetland Descriptions ................................................................................................................ 4 r 0 u [] [7 0 REGULATORY FRAMEWORK ...................................................................................................... 5 Minnesota Wetland Conservation Act, as amended ................................................................... . 6 Section 404 of the Federal. Clean Water Act .............................................................................. . 6 Minnesota Public Waters Act and DNR Public Waters Work Permits ......................................... . 6 SEQUENCING ANALYSIS ............................................................................................................ . 6 Proposed Project ........................................................................................................................ . 6 Alternatives Considered ...................•---...................................................................................... . 7 No Build Alternative ................................................................................................................. . 7 Alternative Project Sites ........................................................................................................... . 7 Total Wetland Avoidance Alternative ........................................................................................ . 7 Wetland Minimization ................................................................................................................. . 9 Impact Rectification .................................................................................................................... . 9 Impact Reduction and Elimination Over Time ............................................................................. . 9 WETLAND REPLACEMENT ......................................................................................................... 10 WCA Wetland Replacement Requirements ............................................................................... 10 Corps Wetland Replacement Requirements .............................................................................. 11 Wetland Replacement Proposed ................................................................................................ 11 Proposed New Wetland Credit ................................................................................................. 12 Proposed Public Value Credit ................................................................................................... 13 WETLAND FUNCTIONS AND VALUES SUMMARY ..................................................................... 13 Wetland Replacement Monitoring .............................................................................................. 14 Vegetation Management Plan for the Wetland Replacement Areas ........................................... 15 © Westwood Professional Services, Inc. February I2, 2003 Westwood Professional Services, Inc. considers the information contained in this document and any attachments to be proprietary. This document and any information contained or referenced herein shall not be disclosed, duplicated, our used in whole or in part for any purpose other than processing the permit applications referred to herein without written permission from Westwood and the Applicant. Westwood Professional Services, Inc. (952) 937-5150 C 1 u I i~ WETLAND PERMITS APPLICATION NARRATIVE TOWNS LAKES (PHASE ll) MIXED-USE DEVELOPMENT C/TY OF ALBERTVILLE, MINNESOTA February 12, 2003 PROJECT PURPOSE, DESCRIPTION, AND WETLAND IMPACTS Towne Lakes Phase II is a Mixed-Use development proposed by Contractor Property Developers Company (CPDC) for construction in portions of the NW % of Section 36, T121N, R24W, City of Albertville, Minnesota (Exhibits 1 and 2). The purpose of the project is to provide life-cycle residential housing, retail opportunities, business services, and amenities for persons of all ages. CPDC is proposing construction of 215 residential units and up to 265,000 square feet of commercial development on approximately 94 acres. The City of Albertville Comprehensive Plan (1995) identifies the need for additional housing for young couples, single person households, and older couples. ' The project is based on traditional neighborhood design (TND) principles and integrates diverse housing types with nearby retail and business services. TND includes narrower streets, variable setbacks, alleys, and public open space amenities. This approach seeks to achieve a walkable, neighborly feel to the development by placing houses, rather than garages, closer to the street, building sidewalks, creating tree- lined boulevards, and providing access to park spaces for everyone. Neighborhoods will be connected with sidewalks to promote pedestrian activity and connect to small neighborhood parks and open spaces. ' Commercial development is proposed in the western portion of the site on Outlots A, B, and C. Businesses that could potentially be located in this portion of the site include a motel, automobile convenience store, and restaurants. The integration of residential and commercial development, combined with pedestrian convenience, is expected to reduce traffic generation. Existing land use surrounding the site consists of tilled agricultural fields to the north and west, the ' Balfany Residential Development (Towne Lakes Phase I) to the east, and the existing Albertville Outlet Mall to the southwest. Phase Two of the Albertville Outlet Mall will be located south of the project site. The project is bordered on the southeast by School Lake, and Mud Lake and a sewage treatment facility are located east of School Lake (Exhibit 3). The project plans propose: (1) 20,306 square feet (0.47 acre) of wetland fill and drainage regulated by the City of Albertville, as the Local Government Unit (LGU) under the Minnesota Wetland Conservation .Act (WCA); (2) 20,074 square feet (0.46 acre) of wetland fill, excavation and drainage regulated by the Army Corps of Engineers under Section 404 of the Clean Water Act; and (3) 1,921. square feet (0.04 acre) of wetland fill in a public watercourse north of Mud Lake regulated by the Minnesota Department of Natural Resources. ©Westwood Professional Services, Inc. February 12, 2003 Westwood Professional Sen~ices, Inc. considers the information contained in this document and any attachments to be proprietary. This document and auy information contained or referenced herein shall not be disclosed, duplicated, our used in whole or iu part for any purpose other than processing the permit applications referred to herein without written permission from Westwood and the Applicant. Westwood Professional Services, Inc. (952) 937-5150 Towne Lakes (Phase II) Mixed-Use Development Page 3 ' Wetland Permits Application Narrative February 12, 2003 Wetland and watercourse impacts will be replaced on site using a combination of New Wetland Credit (NWC) from two wetland replacement areas and Public Value Credit (PVC) from adjacent upland buffer. Overall, the project design provides 29,304 square feet of NWC wetland replacement and 29,304 square feet of upland buffer PVC. The Applicant formally requests that excess wetland replacement credits ' resulting from construction of this proiect be considered eligible for deposit in the Minnesota State Wetland Bank. WETLAND OVERVIEW Wetland Delineation Methodology Westwood delineated and flagged six wetlands (A through F) on the Towne Lakes Property during November 1999 using the level two routine determination method set forth in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, Waterways Experiment Station, 1987), in which sampling transects were established in representative transition zones of identified wetlands. Transects consisted of one sampling point in upland and one point in wetland. Soils, vegetation, and hydrology information were recorded for each point on data forms. Species dominance for vegetation ' measurements was based on the percent aerial or basal coverage visually estimated within a 30-foot radius for the tree and shrub layers and afive-foot radius for the herbaceous layer within the community type sampled. Wetlands were classified according to Wetlands of the United States (U.S. Fish and Wildlife Service Circular 39; Shaw and Fredine, 1971) and Wetlands and Deepwater Habitats of the United States (FWS/OBS Publication 79/31; Cowardin et. al. 1979). Common names for vegetation identified in this report generally correspond with the nomenclature used in the National List of Plant Species that Occur in Wetlands: North Central (Region 3) (USFWS, Reed, 1988) and/or Vascular Plants of Minnesota (University of Minnesota, Ownbey and Morley, 1991). Prior to visiting the site and delineating wetlands in the field, Westwood reviewed National Wetlands Inventory (NWI) mapping, FSA aerial slides for the years 1988 to 1999, the Soil Survey of Wright County, Minnesota (USDA, 1968), and DNR Public Waters Inventory Mapping (Minnesota DNR, 1984). Wetland Mapping NWI mapping shows six wetlands on the property including four Type 1 wetlands and one Type 3 and Type 5 wetland (Exhibit 4). Mapped wetlands generally correspond with the location of delineated ' wetlands; however, the NWI overestimates the size of these wetlands in most cases. The Soil Survey shows the site includes Lester loam, 6-12 percent slopes; Angus-Cordova Complex, 0-5 percent slopes; Cordova loam, 0-2 percent slopes, and Angus loam 2-5 percent slopes (Exhibit 5). Hydric soils mapped on the site include Cordova loam (Hydric Soils of Minnesota, list revised December, 1995). ' The Public Waters and Wetlands Inventory for Wright County (Minnesota DNR, 1984) shows that School Lake is Public Water 86-25P and Mud Lake is Public Water 86-26P. The DNR set the Ordinary High Water Level (OHWL) for these lakes at 947.3 feet above mean sea level (msl), based on the 1929 vertical datum. The OHWL was converted to the 1988 vertical datum, resulting in its adjustment to 947.65 feet, which corresponds to the vertical datum currently used by the City of Albertville. The DNR Inventory also depicts a DNR Public Watercourse in the northern portion of the site, which flows north from Mud Lake and beneath 70th Street NE. Westwood Professional Services, Inc. (952) 937-5150 Towne Lakes Phase II Mixed-Use Develo ment Pa e 4 ~ ) p 9 ' Wetland Permits Application Narrative February 12, 2003 Wetland boundaries were marked using pink "wetland delineation" pin flags, and located using professional land surveying methods. The location of delineated wetlands are shown on the attached Wetland Boundary Map (Exhibit 6). Westwood submitted a wetland delineation report to the City of Albertville on May 9, 2000 requesting wetland boundary confirmation. The Wright SWCD and the City of Albertville reviewed these boundaries in the field, and on June 8, 2000, the City's consultant sent a letter to Westwood confirming and accepting the delineated wetland boundaries shown on the attached wetland boundary map. Correspondence from the LGU and the wetland boundary map are included in Appendix 1. ' Wetland Descriptions Westwood Professional Services delineated and flagged six wetlands that encompass 55,342 square feet (1.27 acres) within the Towne Lakes (Phase II) Mixed-Use Development. Wetland A is a Type 5 DNR public watercourse with a Type 1 WCA jurisdictional wetland fringe that runs north from Mud Lake and beneath 70th Street NE. The watercourse portion of this wetland is dominated by open water and reed canary grass (identified on Exhibit 9 as A1) and the wetland finger protruding from the eastern side of the watercourse is Type 1 wetland, which extends into manicured bluegrass lawn (identified on Exhibit 9 as A2). Only the portion below the top of the bank of the channel of this watercourse is DNR- jurisdictional. Four of the six wetlands (B through E) are Type 1 Seasonally flooded basins that are generally low in quality and show signs of hydrologic and vegetative disturbance from historic agricultural and grazing practices. Several of these wetlands are partially drained by agricultural drain the and shallow ditches. Vegetation within these wetlands is also disturbed and in some cases monotypic reed canary grass. Observed species include reed canary grass, chufa, curly dock, and smartweed (See Table 1 for additional ' disturbance details). Wetland F includes the shoreline of School Lake and is classified as a Type 5 Shallow open water wetland with a Type 1 /3 Seasonally flooded basin/Shallow marsh fringe. This wetland extends offsite to the south. This wetland fringe of School Lake is dominated primarily by reed canary grass and livestock have heavily grazed the Type 1 portions of the wetland adjacent to the drainage swale to School Lake. Four of the six wetlands (A, C, D, and F) were determined to be tributary to navigable waters of the U.S. These wetlands are therefore Corps jurisdictional and subject to regulation under Section 404 of the ' Federal Clean Water Act. Characteristics of delineated wetlands are listed in Table 1. ' Westwood Professional Services, Inc. (952) 937-5150 i~ C i 0 n Towne Lakes (Phase 11) Mixed-Use Development Wetland Permits Application Narrative Page 5 February 12, 2003 Table 1. Wetland Characteristics Towne Lakes Phase II Mixed-Use Develo ment Wetland Wetland Size Size Dominant Corps Corps Wetland ID T e Sq. Ft. Acres Ve etation Status Jurisdiction? Disturbance Al 5; DNR 5,177 0.12 reed canary grass Tributary Yes Dominated by reed canary grass. Watercourse A2 1 4,730 0.11 reed canary grass Tributary Yes Surrounded by manicured bluegrass lawn; dominated by reed canary grass. B 1 8,400 0.19 reed canary grass, Isolated No Partially farmed and drained; dominated primarily curly dock, by reed canary grass. smartweed C 1 7,357 0.17 reed canary grass Tributary Yes Partially drained by agricultural the and road culvert, and shallow ditch; dominated by reed canary grass. D 1 6,804 0.16 reed canary grass, Tributary Yes Partially drained by agricultural tile, driveway smartweed culvert, and shallow ditch; dominated primarily by reed canary grass. E 1 2,960 0.67 reed canary grass Isolated No Historically pasture for cattle, potentially drained by tile; dominated by reed canary grass. F 5; 1/3 fringe 19,914 0.46 reed canary grass Tributary Yes Historically pasture for cattle; dominated by reed canary grass. Total 55,342 1.27 Two of the delineated wetlands (D and F) were evaluated using historical aerial photography for indications of incidental wetland creation. Seven historical photos from the years 1937 to 1991, compiled by Historical Information Gatherers, Inc., were reviewed. Wetland D is questionably an incidental wetland created by the impoundment of surface water behind the Vetsch farmstead driveway. The earliest photograph available from 1937 clearly shows the Vetsch farmstead driveway. However, the eligibility of this wetland for such an incidental wetland exemption could not be substantiated. A portion of Wetland F (wetland finger extending towards the Vetsch farmstead) is questionably an incidental wetland created as a result of ditch excavation. The small wetland finger, as shown on the wetland boundary map, only appears on the 1991 photograph. However, the eligibility of this wetland for such an incidental wetland exemption could not be confirmed because of the limited years of photographs available and the size of the area in question. REGULATORY FRAMEWORK Wetlands on Towne Lakes Phase II are regulated under: The Minnesota Wetland Conservation Act of 1991, as amended (WCA), administered in this area by the City of Albertville, Section 404 of the Federal Clean Water Act (CWA), administered by the U.S. Army Corps of Engineers (Corps), and The Minnesota Public Waters Act, which applies only to School Lake, Mud Lake, and its outlet watercourse, and is administered by the Minnesota Department of Natural Resources, Division of Waters (DNR-Waters). Westwood Professional Services, Inc. (952) 937-5150 Towne Lakes (Phase II) Mixed-Use Development Page 6 ' Wetland Permits Application Narrative February 12, 2003 Minnesota Wetland Conservation Act, as amended Under the WCA, submittal and approval of a wetland replacement plan application is required for the ' 20,306 square feet of proposed wetland fill and drainage. This amount of fill exceeds the 400 square-foot deminimis exemption for Type 1 through 8 wetlands within a shoreland wetland protection zone in an area with less than 50 percent ofpre-settlement wetlands remaining. An additional 13,970 square feet of excavation within Wetland B, 6,319 square feet of excavation within Wetland C, and 292 square feet of excavation within Wetland A for wetland type conversion, stormwater ponding, and stormwater conveyance channel construction is proposed strictly within ' 'Type 1 wetland. This excavation is not regulated under the WCA because it occurs in Type 1 wetland and WCA only regulates excavation in the permanently and semi-permanently flooded areas of Type 3, 4, and 5 wetlands. WCA jurisdictional wetland impacts are shown on Exhibit 7. ' Section 404 of the Federal Clean Water Act Wetlands A and F are directly connected to DNR Public Watercourses and Waters, which are considered waters of the U.S, and wetlands C and D are connected to waters of the U.S. via hydric soils and shallow drainage swales. Project construction will result in 20,074 square feet of wetland fill, excavation, and drainage within Wetlands A, C, D, and F. Corps jurisdictional wetland impacts are shown on Exhibit 8. ' As shown on Exhibit 5, Wetlands B and E are completely isolated wetlands that are surrounded by non- hydric soil mapping units. Neither of these wetlands is adjacent to or connected to navigable waters of the U.S. or a tributary of navigable waters. Therefore, the additional 19,774 square feet of wetland fill, drainage, and excavation within Wetland B, and 2,960 square feet of wetland fill within Wetland E resulting from the project does not require Corps wetland replacement. Minnesota Public Waters Act and DNR Public Waters Work Permits ' The Minnesota DNR requires a work permit for any alteration of the course, current, or cross section below the OHWL (Ordinary High Water Level) of DNR public waters, wetlands, and watercourses. The DNR set the Ordinary High Water Level (OHWL) for Mud and School Lakes at 947.3 feet above mean sea level (msl), based on the 1929 vertical datum. The OHWL was converted to the 1988 vertical datum, resulting in its adjustment to 947.65 feet. The 1988 datum corresponds to the vertical datum currently used by the City of Albertville. The OHWL of the Public watercourse that drains north from Mud Lake ' is defined as the edge of the bank of the channel. While alterations will not occur below the OHWL of Mud and School Lakes, a DNR Public Waters Work Permit will be required for 1,921 square feet of proposed fill below the top of the bank of the channel of the DNR watercourse that drains north from the northwest part of Mud Lake. The DNR Waters Work Permit request will be submitted to the DNR in the future, and the DNR Watercourse crossing will be constructed during one of the phases of the proposed development. SEQUENCING ANALYSIS ' Proposed Project The Proposed Project satisfies the City's development objectives and meets the requirements of the Comprehensive Plan (Exhibit 10). This plan consolidates three small hydrologically and vegetatively degraded Type 1 wetlands into two wetland replacement areas designed to provide greater diversity of ' Westwood Professional Services, Inc. (952) 937-5150 Towne Lakes (Phase II) Mixed-Use Development Page 7 ' Wetland Permits Application Narrative February 12, 2003 wetland types on the site, provide higher quality wetlands with improved vegetative diversity, buffer ' School Lake from nutrient and sediment inputs, and sustain the hydrology within Wetland B following project construction. The proposed project represents the best alternative for meeting development objectives, the goals of the Comprehensive Plan, and perpetuating onsite wetland fiznctions. The Applicant recognizes that sequencing is required to demonstrate that, to the extent practicable, wetland impacts have been avoided, minimized, reduced and eliminated over time, and replaced, in that ' order. Wetland impacts were avoided and minimized to the extent practicable in the proposed project design. Fill within Wetlands A and E is necessary for proposed street alignments; fill and drainage within Wetland B is essential to maintain wetland hydrology within this wetland following site development; excavation and drainage within Wetland C is necessary for stormwater pond construction; fill within Wetland D is unavoidable for commercial development consistent with the Comprehensive Plan; and fill within Wetland F is necessary for trail construction, park access, and stormwater conveyance channel construction. Alternatives Considered ' Consideration was given to multiple design alternatives including a No Build Alternative before the Applicant settled on the Proposed Project. The following are among the alternatives considered: 1. No Build Alternative 2. Alternative Project Sites 3. Total Wetland Avoidance Alternative No Build Alternative ' The No Build Alternative would avoid wetlands completely by eliminating any and all development from the site. However, the No Build Alternative is not considered practicable because: (1) the site is guided for residential and commercial use and would eventually be converted to these uses even if this project were not proposed at this time, (2) the No Build Alternative would not fulfill the purpose of the project, and, (3) not developing the site would be inconsistent with the City's Comprehensive Plan. ' Alternative Project Sites Pursuant to 8420.0520 Sub. 3(c) of the Wetland Conservation Act, the alternatives analysis may include consideration of alternate sites or alternative project configurations on the proposed site. Towne Lakes ' (Phase II) is a continuation of Towne Lakes Phase I (Balfany). Phase I of this traditional neighborhood development (TND) is integrated and dependent upon aspects of Phase II, including road hookups. Given the dependence and connectivity of these sites on one another for TND success, and that the project purpose cannot be reasonably accomplished using one or more other sites in the vicinity, developing an alternative site location is not feasible or prudent and would not fulfill the basic purpose of the proposed project. ' Total Wetland Avoidance Alternative ' A Wetland Avoidance Alternative involving construction of the same traditional neighborhood development project designed to totally avoid wetlands was considered. The alternative assumed the same number of units and project design. However, this alternative was found unworkable because it is inconsistent with public health, safety and welfare, and is not an environmentally preferable alternative based on review of social, economic, and environmental impacts. Westwood Professional Services, Inc. (952) 937-5150 ' Towne Lakes Phase II Mixed-Use Develo ment Pa e 8 ~ ) P 9 Wetland Permits Application Narrative February 12, 2003 A Wetland Avoidance Alternative for Wetland A would require the elimination of the Lakewood Drive road crossing, which provides access to roughly 2.8 acres of buildable land on the east side of the DNR watercourse. This avoidance alternative is inconsistent with the desire of the City to have a collector L street through the entire developable area, and that provides access to undeveloped property east of Towne Lakes Phase II. The City would like to see traffic distributed throughout the development rather than have it all focused back to County Road 19 and 70`" Street NE. According to project planners, there ' is a chance that the northern exit to County Road 19 might not be built depending on commercial layout, and the western exit to 70`" Street NE will not be constructed until commercial development is available to support the exit. With the delay or potential elimination of these two exits, the only point of egress, without the DNR watercourse crossing, is the southern access along County Road 19 and along the northern boundary of School Lake to the main entrance of Towne Lakes (Phase I). Portions of the project are being designed using traditional neighborhood design (TND) concepts and ' principles, which seeks to achieve a walkable, neighborly feel to the development. Neighborhoods will be connected with sidewalks to promote pedestrian activity and connect to small neighborhood parks and open spaces. Commercial development is proposed in the western portion of the site on Outlots A, B, ' and C. The integration of residential and commercial development, combined with pedestrian convenience, is expected to reduce traffic generation on major arterials such as 70~" Street N.E. Eliminating the road crossing would reduce neighborhood cohesiveness and the benefits of TND by isolating the portion of the Towne Lakes development east of the watercourse from the remainder of the development. At least one additional exit onto 70`" Street N.E., potentially resulting in dangerous dogleg intersections from future developments to the north, would be required with the elimination of the DNR road crossing. Additional access points along 70t" Street would only reduce the safety of this stretch of road. Rather ' than easily accessing the commercial/retail portions of the development by crossing the DNR watercourse, vehicle, pedestrian, and bicycle traffic from the isolated portion of the project would be forced onto 70'" Street N.E. in order to access parks, convenience stores, and restaurants. This routing of traffic would eliminate the benefits of the traditional neighborhood design, increase traffic trips on 70`" Street, and result in an inadequate and substandard internal roadway circulation network for the Towne Lakes neighborhood and future neighborhoods to the east. While Wetland B is avoidable by grading away from the wetland boundary and by installing a retaining wall along the wetland's southwest boundary, this wetland would be rimmed with residential homes on two sides, and completely encircled by streets with curb and gutter (Exhibit 9, Wetland B and D Avoidance Site Plan). The drainage area to this wetland would be markedly reduced from 19.3 acres to 2.5 acres, causing this Type 1 wetland to dry up over time and be converted to mowed bluegrass lawn. The watershed to wetland ratio following avoidance would be reduced to roughly 5.6 to 1 acre. It is ' generally accepted that a 10 to 1 watershed to wetland area ratio is required to sustain wetland hydrology. Although the plan on Exhibit 9 would completely avoid Wetland B, it would eliminate the possibility of maintaining wetland hydrology within this wetland via excavation. Wetland B would ultimately be ' drained by avoidance, and would fail to maintain beneficial wetland functions and values within the proposed project. For these reasons, avoidance of Wetland B is not an environmentally preferable alternative (see Exhibit 9). ' Avoiding excavation and drainage impacts to Wetland C would require wrapping the stormwater pond around the northeast side of the wetland; however, this avoidance technique would only serve to severely ' reduce the drainage area to this small Type 1 wetland. The normal water level of the stormwater pond would be 2.7 feet lower than the current elevation of the wetland, which would ultimately drain the ' Westwood Professional Services, Inc. (952} 937-5150 ' Towne Lakes Phase II Mixed-Use Develo ment Pa e 9 ( ) P 9 Wetland Permits Application Narrative February 12, 2003 wetland. Water from the stormwater pond would only overflow into the wetland during a 100-year storm event. While the current plan would convert Wetland C to a stormwater pond, the main functions currently performed by this Type 1 wetland would be retained, including flood and stormwater attenuation, stormwater infiltration, and water quality protection. Avoiding the wetland completely ' would not only drain the wetland, but would also eliminate or severely reduce the limited functions it currently performs. ' Fill placed within Wetland D is avoidable; however, the avoidance strategy would severely limit the drainage area of the wetland causing it to dry up over time (see Exhibit 9). The existing drainage area to Wetland D is 2.9 acres and the post-construction drainage area would be reduced to approximately 0.17 acres. Wetland D would ultimately be drained by avoidance, and would fail to maintain beneficial wetland functions and values within the proposed project. Not only would the wetland fail to function hydrologically, but the commercial development guided for this area by the City of Albertville would also be hindered and constrained by the retaining wall. Consequently, avoidance of wetland D is not a feasible and prudent alternative (see Exhibit 9). Avoidance of Wetland E would require that the southern access road swing almost 100 feet east between the wetland and stormwater pond, which would result in the loss of approximately 10 to 12 attached residential units. Wrapping the road around the eastern side would avoid the wetland, but would also seriously reduce the drainage area. This drainage area would be further reduced by future commercial development to the west, eliminating the source of wetland functions. Fill and excavation within Wetland F is not avoidable because it is neither feasible nor prudent. Avoidance of this wetland would prevent the installation of a recreational trail connecting passive park with the southern access road, and would eliminate a conveyance channel for treated stormwater flowing to School Lake. Eliminating the conveyance channel would likely cause erosion of the shoreland of School Lake in the location of the stormwater outfall. Wetland Minimization ' The Proposed Project represents the best available compromise between the project purpose, site constraints, and wetland preservation. Overall, the project preserves 0.30-acre of wetland. The proposed ' wetland impacts are unavoidable due to necessary street alignments, maintenance of wetland hydrology within Wetland B, stormwater ponding requirements, and commercial development consistent with the Comprehensive Plan. Impact Rectification Because it will not be possible to restore the drained and filled wetlands, impact rectification is considered unfeasible. Therefore, the Applicant is proposing onsite wetland replacement. Impact Reduction and Elimination Over Time Because the project will involve disturbance of more than five acres of land, application for coverage under the NPDES/SDS General Permit will be submitted to the Minnesota Pollution Control Agency prior to initiating earthwork on the site. This permit is required for discharge of stormwater during construction activity and requires that Best Management Practices (BMPs) be used to control erosion and that all erosion controls be inspected after each rainfall exceeding 0.1 inch of precipitation. Erosion ' control practices to be considered for use on the site include: ' Westwood Professional Services, Inc. (952) 937-5150 0 ii 0 0 Towne Lakes (Phase II) Mixed-Use Development Page 10 Wetland Permits Application Narrative February 12, 2003 1. Construction of temporary sediment basins in the locations proposed for stormwater ponding, and development of these basins for permanent use following construction. 2. Silt fence and other erosion control features installed prior to initiation of earthwork and maintained until viable turf or ground cover is established on exposed areas. 3. Periodic street cleaning and installation of a rock construction entrance to reduce tracking of dirt onto public streets. 4. Stabilization of exposed soils within 14 calendar days of completion of rough grading unless otherwise directed by the project engineer. 5. Energy dissipation, such as riprap, installed at storm sewer outfalls. 6. Use of cover crops, native seed mixes, sod, and landscaping to stabilize exposed surface soils after final grading. Erosion control plans must be reviewed and accepted by the City of Albertville prior to project construction. Because the above BMPs will be implemented during and after construction, potential adverse effects from construction-related sediment and erosion on water quality will be minimized. WETLAND REPLACEMENT The City of Albertville as the Local Governmental Unit (LGU) for the Wetland Conservation Act, and the U.S. Army Corps of Engineers as the administrator for Section 404 of the Federal Clean Water Act, provide approvals for prof ect-related wetland fill, excavation, and drainage. Because of the unique regulatory jurisdiction of these agencies pertaining to isolated wetlands and wetland excavation, the specific replacement requirements necessary to satisfy each individual agency have been separated below for purpose of clarity. 1 i Wetland applications and designs will undergo additional review and comment by the Minnesota DNR, Minnesota Board of Water and Soil Resources, and the Wright County Soil and Water Conservation District. A separate application will be submitted to the Minnesota DNR for approval of fill within the DNR public watercourse. WCA Wetland Replacement Requirements Under the Minnesota Wetland Conservation Act (WCA), 40,612 square feet (0.93 acres) of wetland replacement credit is required to compensate for the 14,820 square feet of WCA jurisdictional wetland fill and 5,486 square feet of wetland drainage associated with Phase II of the Towne Lakes Development. The proposed wetland replacement calculations follow: Wetland Replacement Required (Square Feet) Minnesota Wetland Conservation Act 14,820 wetland fill 0 Type 3, 4, 5 excavation 5,486 wetland drainage 20,306 x 2 2 to 1 replacement 40,612 minimum required Westwood Professional Services, Inc. (952) 937-5150 II C C~ [i f~~ ~~ 7 0 Towne Lakes (Phase II) Mixed-Use Development Page 11 Wetland Permits Application Narrative February 12, 2003 Up to half of the required wetland replacement (20,306 square feet) may be provided by upland buffer Public Value Credit (PVC}, which can be applied toward the second half of the 2 to 1 replacement ratio. Corps Wetland Replacement Requirements Under Section 404 of the Federal Clean Water Act, the U.S. Army Corps of Engineers will require 20,074 square feet (0.46 acres) of New Wetland Credit wetland replacement to compensate for 12,425 square feet (0.29 acre) of wetland fill, 6,611 square feet (0.15 acre) of wetland excavation, and 1,038 square feet (0.02 acre) of wetland drainage within Corps jurisdictional Wetlands A, C, D, and F (Exhibit 8), as outlined in the table below. Wetland Replacement Required (Square Feet) U. S. Arm.S Corps of En ig neers 12,425 wetland fill (includes 1,921 S.F. of DNR fill) 6,611 wetland excavation 1,038 wetland drainage 20,074 total impact x 1 1 to 1 replacement 20,074 minimum required Table 2. Corps-Jurisdictional Wetland Fill, Excavation, and Drainage Towne Lakes Phase II Mixed-Use Develo ment -Pro osed Pro'ect Proposed Proposed Proposed Proposed Proposed Proposed Total Proposed Basin ID/ Size Circ.39 Fill Fill Excavation Excavation Drainage Drainage Im act City ID (sq. ft.) Type (sq. ft.} (acres) (sq. ft.) (acres) (sq. ft.) (acres) (sq. ft.) (acres} Al 5,177 5 1,921 0.04 0 0 0 0 1,921 0.04 A2 4,730 1 4,256 0.10 0 0 0 0 4,256 0.10 C 7,357 1 0 0 6,319 0.15 1,038 0.02 7,357 0.17 D 6,804 1 5,146 0.12 0 0 0 0 5,146 0.12 F 19,914 5; 1/3 1,102 0.03 292 0.01 0 0 1,394 0.03 fringe Totals 43,982 12,425 0.29 6,611 0.15 1,038 0.02 20,074 0.46 1.01 Ac. Unlike the WCA, the Corps of Engineers will require replacement for 1,921 square feet of fill to be placed within the DNR public watercourse for the road crossing (1,821 square feet) and two outfalls from adjacent stormwater ponds (100 square feet). The project will replace these impacts at a 2 to 1 ratio by providing 1,921 square feet of NWC replacement and 1,921 square feet of upland buffer PVC. Wetland Replacement Proposed The Applicant proposes to exceed WCA and Corps requirements by combining New Wetland Credit (NWC) and Public Value Credit (PVC). As indicated in Table 3 below, the project provides a total of 58,608 square feet (1.33 acres) of wetland replacement. An additional 185,132 square feet of upland buffer will be constructed by the project. The surplus upland buffer will not be used towards wetland replacement because replacement credit for the buffer may not exceed 100 percent of the replacement wetland area. Westwood Professional Services, Inc. (952) 937-5150 n 7 0 Towne Lakes (Phase II) Mixed-Use Development Page 12 Wetland Permits Application Narrative February 12, 2003 Table 3. Wetland Replacement Summary Towne Lakes (Phase II) Mixed-Use Development Credit Type Gross Square Feet Gross Acres Eligible Square Feet Eligible Acres New Wetland Credit 29,304 0.67 29,304 0.67 Public Value Credit (Eligible Uplantl Buffer) 29,304 0.67 29,304 0.67 Additional Upland Buffer Provided 185,132 4.25 0 0 Total Wetland Replacement 243,740 5.59 58,608 1.33 Wetland replacement provided by the project will result in 8,998 square feet of surplus NWC and 8,998 square feet of surplus PVC mitigation credit. The Applicant is requesting that these credits be recognized by the LGU as available for future wetland replacement needs and be made eligible for deposit in the Minnesota State Wetland Bank. Proposed New Wetland Credit r Exhibit 10 shows the proposed wetland mitigation areas for the Towne Lakes Mixed-Use Development, along with proposed contours, cross-sections, photo-reference points, hydrology monitoring points, and revegetation plans. Mitigation area M1 will result from excavating Wetland B to a hydrologically sustainable elevation. The ' bottom contour elevation within this proposed wetland is 946, with 11,434 square feet of NWC anticipated below an elevation of 949. An equalizer pipe will be installed between mitigation area M 1 and Mud Lake, which will provide additional hydrology to the wetland during large storm events. Relative to the vegetatively monotypic, hydrologically disturbed wetland currently occupying this location, the proposed wetland replacement area is expected to provide higher functions and values with a sustainable hydrology source and greater vegetative diversity from native seed mixes. Mitigation area M2 is surrounded by protected buffers in the southeastern portion of the project on the shore of School Lake. This wetland replacement area will be constructed by excavating above the established OHWL of School Lake, and will provide 17,870 square feet of NWC below an elevation of 948. Compared to the marginal Type I wetlands this mitigation area will replace, M2 will have a sustainable source of hydrology from School Lake and will be seeded to a wet prairie and wildflower mix (Mn/DOT mix 25B) to increase vegetative diversity. This wetland will do more towards improving and protecting the water quality of School Lake than the existing Type 1 wetlands because it will be integrated with a vegetative buffer along the edge of the lake. Sufficient wetland hydrology for wetland creation is evident in the existing wetland (School Lake) directly adjacent to the wetland replacement 1 area. Proposed wetland edges will feature irregular contours and slopes no steeper than 5:1 to help assure a functional transition to upland. Topsoil will be spread in the bottom of the wetland replacement area (below the normal water level) at a thickness of six to 12 inches to provide a fertile substrate for vegetation establishment. Suitable topsoil should be collected from upland portions of the site that are reasonably free of reed canary grass. Topsoil spreading will be omitted in locations where the only available topsoil contains abundant reed canary grass propagules. Westwood Professional Services, Inc. (952} 937-5150 Towne Lakes (Phase II) Mixed-Use Development Page 13 Wetland Permits Application Narrative February 12, 2003 ' Newly created wetland areas above water levels will be seeded to Mn/DOT seed mix 25B, a native wet prairie and wildflower mix (Appendix 2). These native grasses, sedges, and wildflowers are expected to improve the wildlife habitat and visual value of the area. To minimize erosion and encourage slope ' stabilization, regraded surfaces will be seeded as soon as practical and no later than 72 hours after completion of final grading. ~J ~I I I, C L Table 4. New Wetland Credit Wetland Replacement Summary Towne Lakes (Phase II) Mixed-Use Development Basin ID Area (sq. ft.) Area (acres) Wetland Type Topographic Setting General Location M1 11,434 0.26 3/4 Tributary Surrounding Wetland B M2 17,870 0.41 3/4 Tributary North shore of School Lake Totals 29,30 0.67 Proposed Public Value Credit The WCA, as amended, allows PVC for upland buffers adjacent to wetland replacement areas. The Towne Lakes Phase II project will create 29,304 square feet of upland buffer PVC adjacent to mitigation area M2. This upland buffer will be a minimum of 16.5 feet wide with an average width of at least 25 feet. Slopes of the upland buffer will be 5:1 or more gradual. Newly graded upland buffer areas will be seeded to Mn/DOT seed mix 15B, a native prairie and wildflower mix. To minimize erosion and encourage slope stabilization, regraded surfaces will be seeded as soon as practical after completion of final grading. The project will also provide a 30-foot vegetative buffer along the shore of School Lake. This is a sizeable buffer that will not be applied towards wetland replacement credit. Table 5. Upland Buffer Public Value Credit Summary Towne Lakes Phase II Mixed-Use Develo ment Credit Type Gross Gross Eligible Eligible Area Area Credit* Credit* s . ft. acres s . ft. acres Upland Buffer 214,437 4.9 29,304 0.67 Totals 214,437 4.9 29,304* O.fi7* * Represents 100 percent of wetland replacement area. WCA also allows PVC for water quality treatment ponds constructed to pretreat stormwater runoff prior to discharge to wetlands for local governments that have "adopted, implemented, and funded a Stormwater Management Plan that provides for the removal of sediment and phosphorus". The Towne Lakes (Phase II) Mixed-Use design provides approximately 3.5 acres of water quality treatment ponds. These credits are ineligible for use towards wetland replacement only because the City has not adopted, implemented, and funded a Stormwater Management Plan. In addition, the Applicant has agreed to consider implementing low-impact development (LID) practices, such as vegetated swales and grassed filter strips, to further mitigate the potential for indirect impacts on School Lake. WETLAND FUNCTIONS AND VALUES SUMMARY Westwood evaluated the functions and values of the six existing wetlands and the expected functions and values of the two wetland replacement areas. Specific wetland functions evaluated include vegetative diversity, stormwater attenuation, water quality protection, and wildlife habitat. The outcome of this Westwood Professional Services, Inc. (952) 937-5150 7 L' LJ 0 Towne Lakes (Phase II) Mixed-Use Development Page 14 Wetland Permits Application Narrative February 12, 2003 assessment indicates that project construction will result in an overall gain in wetland functions through the creation of two wetland replacement areas, five water quality treatment ponds, and 4.5 acres of wetland and shoreline buffer. Type 1 wetlands on the property are dominated primarily by reed canary grass and many of these have been partially drained by agricultural drain tile, culverts, and farm ditches. In addition, mowing and livestock grazing have historically altered vegetation within a number of these wetlands (refer to the Wetland Descriptions section of this report for further details on existing wetlands and wetland disturbance). It is anticipated that the project will result in the overall reduction of invasive species such as reed canary grass through native seeding within proposed wetland replacement areas. Wetland type diversity will also be increased by the addition of shallow and deep marsh. Currently, shallow marsh is only represented along the shoreline of School Lake, and deep marsh is not represented on the site. The quality of the existing open water wetland (Wetland F) is anticipated to improve by virtue of native seeding adjacent to School Lake and implementation of the 30-foot vegetative shoreland buffer zone. ' Proposed wetlands are expected to improve overall stormwater runoff management and flood flow attenuation on the site. Several of the existing wetlands lack association with a stormwater management system and have indirect connections to farm ditches and agricultural drain tile. The proposed ' replacement wetlands will be connected either with the stormwater management system or School Lake, which will improve stormwater management on the site. ' Existing wetlands lack vegetative buffers. The Proposed Project provides 30-foot vegetative buffer zones to School Lake and to all existing wetlands. In addition, the upland buffer surrounding wetland replacement areas will be seeded to native prairie species. These natural buffers will protect the water ' quality of School Lake and existing wetlands by trapping nutrients and sediments that would otherwise reach these water resources. ' The majority of existing wetlands are dominated by monotypic stands of reed canary grass, providing little vegetative diversity for wildlife. Replacement wetlands and the establishment of the 30-foot vegetative buffers will increase vegetative diversity, resulting in higher quality wildlife habitat. ' The wetland functions assessment indicates that the Proposed Project will yield greater wetland functions and related values than the other alternatives by avoiding the highest quality wetlands surrounding School Lake and creating new wetlands with greater functional capacity than the existing wetlands. ' Wetland Replacement Monitoring ' Wetland creation areas will be monitored in compliance with the Wetland Conservation Act. Monitoring will include the following required components, as listed in the WCA rules: 1. A description of the project location, size, current wetland type (Cowardin or Circular 39 classification), and desired wetland type (goal). 2. A comparison of the as-built conditions in relation to the design specifications (first annual ' monitoring only) and a rationale for significant changes. 3. Seasonal water level elevations measured during the period April through October (msl or referenced to a known bench mark). ' Westwood Professional Services, Inc. (952) 937-5150 Towne Lakes (Phase II) Mixed-Use Development Page 15 ' Wetland Permits Application Narrative February 12, 2003 4. A list of the dominant vegetation in the wetland, including common names of the vegetation exceeding 20 percent coverage and an estimate of coverage; for example, 50 percent willow, 20 percent cattail, and 30 percent sedge. 5. Color photographs of the project area taken during the period June through August, referenced to the fixed photo-reference points identified on the Wetland Replacement Plan and labeled accordingly. ' Replacement wetlands will be monitored for a maximum of five years after creation and monitoring reports will be submitted to the City of Albertville. Replacement wetlands will be examined three times between April and October each year and the depth of standing water or depth to free water in an unlined ' bore hole will be measured from the wetland hydrology monitoring points shown on the Wetland Replacement and Revegetation Plans (Exhibits 11 and 12). Color photographs of the vegetation within the wetland creation areas will be taken during each growing season from the photo-reference points ' shown on the Preliminary Grading and Wetland Replacement Plan. Hydrology measurements will be evaluated to assess the viability of the wetland in relation to the creation/restoration goal. The percent coverage of dominant vegetation will be estimated visually. All monitoring reports will include a description of the condition and composition of the vegetation within the wetland replacement areas. Monitoring reports and photographs will be submitted to the City annually. When it can be shown that wetland replacement is successful, the Applicant may request that the remainder of the monitoring ' requirement be waived. Vegetation Management Plan for the Wetland Replacement Areas ' Vegetation within the wetland replacement area will be managed for a period of five years as specified in Minnesota Rules 8420.0530 D (14). Vegetation management within wetland replacement areas will include the following components: 1. Newly created wetland areas above water levels shall be seeded to Mn/DOT seed mix 25B, a native wet prairie and wildflower seed mix (Appendix 2). 1 2. The native seed mix shall be applied at a rate of 30 pounds per acre as specified in the Minnesota Department of Transportation Seeding Manual (Mn/DOT Office of Environmental Services, 2000). 3. The wetland replacement areas shall be assessed during standard wetland replacement monitoring events for the presence of noxious weeds and invasive nonnative species. ' 4. Should problematic colonization of noxious weeds and invasive nonnative species occur within the wetland replacement areas during the wetland monitoring period, reasonable efforts will be made to control these species using appropriately timed herbicide applications. n C Westwood Professional Services, Inc. (952) 937-5150 ©2003 Westwood Professional Services, Inc. 70th St N ~. 118 A 119 70 Saint Michael ~~ A N T ~ v Data Source: Mn/DOT BaseMap (2002), MNDNR Lakes & Wetlands. 3 o Legend ~ ~, Towne Lakes Phase II Project Area ~~ Lake/Wetland/River w Westwood Professional Services, Inc. 7599 Anagram Drive Eden Prairie, MN 55344 952-937-5150 ~~ ~ ~~ ~-' ,-~ i Towne Lakes Phase II Albertville, Minnesota A 0 5,000 Feet Date: January 17, 2003 Site Location EXHIBIT 1 0 u n 0 0 ii n 7 J II~ i u 0 u © 2003 Westwood Professional Services, Inc. ~y i_...~ 5 I ~ I I' '~ ~ I ~,..L f ~ _ ~ \ ~h_'4~. - °r',--,~ ~~~ ~i~ - -- ~. _ "=T°°~Y 70ifr'St'NE - _~ .. - }I ~ _ ~.. r ,. {r5~ 759 I ' _~-r- • _~, ~~ ~ ~ ~' '. ~..... _ ~' ~k _ _ __ .- _ .1'~.Itl:?"I'' fl_L~ ~h _. ~ r kil -~ fifi.^-~-`~-- --- ~t, F •PY..r---- -~-^,~8~- 063 -- - ,! ,i - Icy ~ +, rt,.. f ~B~Cr ~ - - - ~ .. ° r: t 't: ' 3R1 ~~ - ' 3~.~.: ~~ rt~y~~ ''. I U' sp~asnl ~ ~ -_ , '4 ~~~ ~ *~ ~ ~ °.'~'• ~~~- ~ 1I~71 ~ "In..~"-. i~. f f'.i tlPfl ~i *'^'~+t •r= ~~ ~ ~7-_~r"~.: ~~ _ {'• --'~'--. -.-~yesrf~d ~=I_ ~ .si~'-r'~.-i~..~'.p~•~ _ ~L~~•LS{ygd7 ~~-~ ~L~°. ~ rf .~. ~ titi r ~ .r u' k+ J , '-~' ,~.:+ ~- ~~,` ~.~~, .fir: - -- ~ _ _ II Data Source: USGS DRG (St. Michael Quad, 1991) Legend ,Towne Lakes Phase II Project Area ® Minor Watershed - `" Westwood Professional Services, Inc. 7599 Anagram Drive Eden Prairie, MN 55344 952-937-5150 Towne Lakes Phase II Albertville, Minnesota A 0 2,000 Feet Date: January 17, 2003 USGS Topography EXHIBIT 2 Data Source: Aerials Express (2002), Mn/DOT BaseMap (2002). Legend Towne Lakes Phase II Project Area w~ Westwood Professional Services, Inc. ' 7599 Anagram Drive Eden Prairie, MN 55344 952-937-5150 Towne Lakes Phase II Albertville, Minnesota ~.: ~. ;. ~~ ~ ;i N 0 1,000 Feet Date: January 17, 2003 2002 Aerial Photography and Adjacent Land Use EXHIBIT 3 ~f u '~:~ -~ . ,; ~TV~, ~~`4~; t+,` f- -hf ~,1 "~ 4~ ', . w 1362B Angus loam, 2-5%slopes Towne Lakes w Westwood Professional Services, Inc. 7599 Anagram Drive Phase II Eden Prairie, MN 55344 952-937-5150 Albertville, Minnesota N 0 500 Feet Date: January 17, ?A03 Soils Mapping EXHIBIT 5 Legend DELNEATED WETLAND - ~~ DELINEATED WETLAND BOUNDARY TOWNE LAKES PHASE II PROJECT AREA ~: kX Westwood Professional Services, Inc. ~ 7599 Anagram Drive ,~:' ~~'~ Eden PralAe, MN 55344 > f Phone:452/937-S150Fax: 952537.5822 ~~ ~~ ,~,=., ~. MUD LAKE OHWL 947.65 \\ t i ~~ ~~f f tk~ ~,f, F ~~'~L~ r- ~ j / ~k ~l ~ 1 . t ~ ~`v^ /lt x t ~ '~~ ' i~ "f~%~ ~~~ ; ~ ~ ~ n.i _ ~-. '_-5. r t 5 • ~ ~~~~ ~ ~ s~,>E }_ ~'~ 1 ~ N I 1 ~ .-„-.,` `i ~t~ l 711 b ~ J/t \~_~ j ~' ~ ~t~'.. ~r_ lit ~. ... N 0 400 Feet tr" ~, _ '~~ I ~~ i ~`~ a`„ Date: 01/21/03 i999o36amwrFS.Dwc wetland Boundary Map EXHIBIT 6 - WETLAND F (WESTWOOD) TYPE 5, PUSH with TYPE 1/3, PEMA/PEMC fringe AREA=19,914 S0. FT. SCHOOL LAKE ONINL 947.65 Towne Lakes Phase II Albertville, Minnesota Note Wetland boundaries were delineated and flagged in the field by Westwood Professional Services on November 4, 5, & 8, 1999 using the routine determination method set forth in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory. Waterways Experiment Station. 1987). RECEIVED _/ i January 20, 2000 JAN 21 2000 pR(~ ESWESQT~Wt70D 3535 VgUN,Q'l~`~FIV ~R DR~S~ SEH EOVTER, ST. PAUL, MN 55110 651 49D-2000 BAS 325 2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION RE: Albertville, Minnesota Wetland Delineation Boundaries SEH No. A-ALBEV0001.00 Mr. David Weetman ' Westwood Professional Services 7599 Anagram Drive Eden Prairie, MN 55344 Dear Mr. Weetman: ' This will confirm our meeting of December 14, 1999 when we met on site in the City of Albertville for a field review of the wetland delineation boundaries on the CPDC site around Mud Lake. Mr. Mark McNamara from the Wright S WCD was also present at this meeting. You may recall that on December 14 there was consensus on wetland boundary changes that should be made to four wetland basins in the field. On January 12, 2000 you submitted the four wetland boundary changes to SEH and the Wright SWCD. We are in agreement with these four wetland boundary changes and look forward to receiving your completed wetland delineation report on this site. ' Sincerely, r u 1 G / `''~~~ Wayne E. Jacobson, P.S.S., P.W.S. Professional Soil Scientist Professional Wetland Scientist sah c: Mark McNamara, Wright SWCD Pete Carlson, P.E., SEH Faprojects\ab\albev\0001\c\we8tman.j 20. wpd ' SHORT ELLIOTT HENORICKSON INC. MlNNE11POLIS, MN ST CLOUD, MN CHIPPEWAFALLS, WI MADISON, WI LAKE COUNTY, W EQUAL OPPORTUNITY EMPLOYER i e 3535 Vadnais Center Orive, 200 SEH Center, St. Paul, MN 55110-5108 651.490.2000 651.490.2150 FAX architecture engineering environmental transportation ' ~~~~~~ ~~ June 8, 2000 JUN ~ _ ~~~~ RE: Albertville, Minnesota Wetland Delineation Boundaries ~'~~- ~ do'CGD SEH No. A-ALBEV0001.00 PROFESSlbI`)>'li_SERVlCES f! r-, I J ~J . ; L Mr. David Weetman Westwood Professional Services 7599 Anagram Drive Eden Prairie, MN 55344 Dear Mr. Weetman: 1 had a phone conversation with Mr. Mark McNamara of the Wright SWCD on May 1S, ~l)00 regarding your completed wetland delineation map on the Albertville CPDC site around Mud Lake. Mr. McNamara and I approve the wetland delineation boundaries on the map as shown. However, we must caution you that in the future we will be looking at your wetland boundaries closely. Your boundaries, according to our field inspections, have been low in the past. Please be sure to apply the 1987 Corps of Engineers Wetland Delineation Manual more accurately in the future. Sincerely, ~~ ~~ ayne E. Jacobso .S.S., P.W.S. Professional Soil Scientist Professional Wetland Scientist sah c: Mark McNamara, Wright SWCD Pete Carlson, P.E., SEH l~spfiles I \corpdoc\wp\projeculablatbev\0001\clweetman. m26.doc Short Elliott Hendrickson lnc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan, design, and achieve. 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NATIVE GRASS AND WILDFLOWER SEED MATERIALS SHALL BE ACQUIRED IN ACCORDANCE WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION SEEDING MANUAL (Mn/DOT OFFICE OF ENVIRONMENTAL SERVICES, 2000 jsee http://www.dot.state.mn.us/environment/seeding_manual/ mix index.html]) AND THE STANDARD SPECIFICATIONS FOR CONSTRUCTION, 2000 EDITION (MINNESOTA DEPARTMENT OF TRANSPORTATION, 2000). 3. THE SEED MIX AND APPLICATION RATES SHALL BE AS SPECIFIED IN MINNESOTA DEPARTMENT OF TRANSPORTATION SEED MIXTURE 15B. THIS MN/DOT SEED MIX IS DETAILED BELOW. 4. SPECIES MARKED BY AN ASTERISK (*) ARE NATIVE LEGUMES AND SHALL BE PRE-INOCULATED WITH THE PROPER BACTERIAL CULTURE. 5. SUBSTITUTIONS OF SIMILAR SPECIES OR MIXES MAY BE ALLOWED BUT MUST BE APPROVED BY THE PROJECT ENGINEER OR ENVIRONMENTAL SCIENTIST. ' RATE TABLE 1 ~~ COMMON NAME Grasses and Nurse Crop Big bluestem Sideoats grama Canada wild-rye Slender wheat-grass Annual rye grass ReGreen Switchgrass Littte bluestem Indian grass Wildflowers Butterfly milkweed Heath aster Smooth-blue aster Canada milkvetch* Partridge pea* White prairie clover* Purple prairie clover" Showy tic-trefoil* Common ox-eye Rough blazingstar Tall blazingstar Wild bergamot Showy penstemon Gray-headed coneflower Black-eyed Susan Stiff goldenrod Ohio spiderwort Blue vervain Hoary vervain Golden Alexanders BOTANICAL NAME Andropogon Berardi Bouteloua curtipendula Elymus Canadensis Elymus trachycaulus Lolium italicum NA Panicum virgatum Schizachyrium scoparium Sorghastrum nutans Subtotal Asc/epias tuberosa Aster ericoides Aster laevis Astragalus canadensis Cassia fasciculate Dalea candidum Dalea purpureum Desmdium canadense Heliopsis helianthoides Liatris aspera Liatris pycnostachya Monarda fistulosa Penstemon grandiflorum Ratibida pinnata Rudbeckia hirta Solidago rigida Tradescantia ohiensis Verbena hastate Verbena stricta Zizia aurea Subtotal MIX COMPOSITION Percent of Mix 5.00 10.00 5.00 5.00 10.00 34.00 2.00 12.00 12.00 95.00 Percent of Mix 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 5.00 Westwood Professional Services, Inc. February 2003 C NATIVE WETLAND SEED MIX AND APPLICATION RATES FOR WETLAND REPLACEMENT AREAS Towne Lakes Residential Development (Phase II), Albertville, Minnesota NOTES 1. WITHIN 72 HOURS AFTER COMPLETION OF FINAL GRADING, THE NATIVE MIX SHALL BE SEEDED AT A RATE OF 30 POUNDS PER ACRE ON DISTURBED SOILS ABOVE WATER LEVELS WITHIN WETLAND REPLACEMENT AREAS AS SHOWN ON THE PLANS. THE SEEDED AREA SHALL BE MULCHED WITH TYPE I MULCH AT A RATE OF 2 TONS PER ACREAND THE MULCH SHALL BE DISC-ANCHORED. t 1 fl 2. NATIVE GRASS AND WILDFLOWER SEED MATERIALS SHALL BE ACQUIRED IN ACCORDANCE WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION SEEDING MANUAL (Mn/DOT OFFICE OF ENVIRONMENTAL SERVICES, 2000 [see http://www.dot.state.mn.us/environment/seeding_manual/ mix index.html]) AND THE STANDARD SPECIFICATIONS FOR CONSTRUCTION, 2000 EDITION (MINNESOTA DEPARTMENT OF TRANSPORTATION, 2000). 3. THE SEED MIX AND APPLICATION RATES SHALL BE AS SPECIFIED IN MINNESOTA DEPARTMENT OF TRANSPORTATION SEED MIXTURE 256. THIS MN/DOT SEED MIX IS DETAILED BELOW. 4. SPECIES MARKED BY AN ASTERISK (*) ARE NATIVE LEGUMES AND SHALL BE PRE-INOCULATED WITH THE PROPER BACTERIAL CULTURE. 5. SUBSTITUTIONS OF SIMILAR SPECIES OR MIXES MAY BE ALLOWED BUT MUST BE APPROVED BY THE PROJECT ENGINEER OR ENVIRONMENTAL SCIENTIST. RATE TABLE COMMON NAME BOTANICAL NAME MIX COMPOSITION Grasses and Sedges Big bluestem Fringed brome Blue-joint grass Bottlebrush sedge Tussock sedge Fox sedge Slender wheat-grass Virginia wild-rye Reed manna grass Fowl manna grass Common rush Annual rye-grass Regreen Switchgrass Fowl bluegrass Green bulrush Wool grass Soft-stem bulrush Indian grass Prairie cord grass Wildflowers Canada anemone Marsh milkweed New England aster Swamp aster Showy tick-trefoil* Joe-pye weed Boneset Early sunflower Blue flag iris Meadow blazingstar Tall blazingstar Great-blue lobelia Monkey flower Wild bergamot Black-eyed Susan Grass-leaved goldenrod Blue vervain Ironweed Culver's root Golden Alexander's Andropogon gerardi Bromus ciliata Calamagrostis canadensis Carex comosa Carex sfricta Carex vulpinoidea Elymu trachycaulus Elymus virginicus Glyceria grandis Glyceria striata Juncus effusus Lolium italicum NA Panicum virgatum Poa palustris Scirpus atrovirens Scirpus cyperinus Scirpus vallidus Sorghastrum nutans Spartina pectinata Subtotal Anemone canadensis Asclepias incamata Aster novae-angliae Aster puniceus Desmodium canadense Eupatorium maculatum Eupatorium perfoliatum Heliopsis helianthoides Iris virginica-shrevii Liatris ligulistylis Liatris pycnostachya Lobelia siphilitica Mimulus ringens Monarda fistulosa Rudbeckia hirta Solidago graminifolia Verbena hasfate Vemonia fasciculata Veronicastrum virginianum Zizea aurea Subtotal Percent of Mix 5.0 5.0 0.1 1.0 0.5 0.4 6.0 6.0 0.3 0.2 0.2 10.0 42.0 1.0 5.0 0.3 0.3 1.0 6.0 2.0 92.3 Percent of Mix 0.1 0.5 0.6 0.6 0.4 0.4 0.3 0.7 0.5 0.4 0.4 0.1 0.1 0.6 0.6 0.2 0.5 0.2 0.1 0.4 7.7 Westwood Professional Services, Inc. February 2003 12/27!01 18;41 FAg 6516976181 LAND TITLE INC AITA coMMfiMEtfT-1986 SCHEDULE A 1. Effective date: December 12th, 2001 at T : 00 A_M_ 2. Policy or PoCxies to be issued: (a) XX AL,'x'A Standard Owner's Policy (10-1?-92 ) Proposed Insured: Contractor Property Developers Company {b) Proposed Insured: NoLJE ~ 002 Commitment NO. TC- 111004 Amount $ TBD $ '_ 0 - 3. The estate or interest in the land described or referred to in this Commitment and coveted herein iS & Fee Simple 4. True to the t• - . ~; mn~ estate or interest in said land is at the effective date hereof vested In: PazceZ A: Bernard W. Vetsch and Marlene E. Vetsch, husband and wife as joint tenants (as to b5/100s interest) and Central Minnesota Community Foundation Inc. as Trustee of the $ernard W_ Vetsch and Marlene >r. Vetsch Charitable 5. The Land referred to in this Commitment is described in Schedule 'C'. CONTII3ITED PROPER'PY AADRESS: Abstract Property, Wright County. Schedule A consists of 1 pages_ da-oos (~. ~.s) atsega, rII~T ~ DRAFT (Above Space is Reserved for Recording Information) ' DECLARATION OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT WETLAND for the Towne Lakes Residential Development (Phase ll), City of Albertville, MN This Declaration of Restrictions and Covenants for Replacement Wetland (Declaration) is made this day of , 19 by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the real property described as follows: 1 Towne Lal~es Residential Development (Phase In Outlots D and G, Wright County, Minnesota, according to the [proposed to beJ recorded plat thereof. B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0110, 1 subp. 40. C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes section 103G.222 and Minnesota Rules 8420.0530 or (2) a bank plan under Minnesota Rules 8420.0740, D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G.222 et sec .., and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0115. E. The Local Government Unit (LGU) charged with approval of the Replacement or Banking Plan is the City of Albertville whose address is P.O. Box 9, Albertville, MN 55301-0009. F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan or bank plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and as specified in the replacement plan or bank plan. 2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of ' DECLARATION OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT WETLAND for the Towne Lakes Residential Development (Phase ll), Albertville, Minnesota Page 2 Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan or bank plan. ' 3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to ~ the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that, all such parties have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration, pay all costs associated with recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. ' 6. These restrictions and covenants shall be unlimited in duration, without being re-recorded. 7. If the replacement plan or bank plan approved by the LGU and on file at its offices requires the establishment of areas of permanent vegetative cover, the term "Replacement Wetland" as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of permanent vegetative cover. In addition, the Declarant: ' (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540, subpart 2.D; (b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas specified in the replacement plan or bank plan for permanent vegetative cover, including any necessary planting and replanting thereof, and other conservation practices, in accordance with the replacement plan or bank plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan or bank plan; ' (d) Shall not graze livestock on the areas specified in the replacement plan or bank plan; (e) Shall not place any materials, substances, or other objects, nor erect or construct any type of structure, temporary or permanent, on the areas specified in the replacement plan or bank plan, except as provided in the replacement plan or bank plan; (f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan or bank plan; and (g) Shall comply with any other requirements or restrictions specified in the replacement plan or bank plan, including, but not limited to, haying, mowing, timber management or other r ' DECLARATION OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT WETLAND for the Towne Lakes Residential Development (Phase ll), ' Albertville, Minnesota Page 3 ' vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site or bank site. 8. This Declaration maybe modified only by the joint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. Such modification may include the release of land contained in the legal description above, if it is determined that non- wetland areas have been encumbered by this Declaration, unless the approved replacement plan or bank plan designates these non-wetland areas for establishment of permanent vegetative cover. 9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorney's fees from Declarant in any action to enforce this Declaration. ' Signature of Declarant u Signature of Declarant ' STATE OF MINNESOTA ) ss. COUNTY OF _ ) This instrument was acknowledged before me on (date) by u u f7 (name(s) of person(s). (Signature of Notarial Officer) (Title) My commission expires: This instrument was originally drafted by the Minnesota Board of Water and Soil Resources and was reformatted by Westwood Professional Services, Inc. on June 6, 1999 a:form.a (November, 1998) ' a ..~ y m O W N h X d<`- N.-g } N ' W CC ~~OwOF UvCW Qx a~w0 zU O N ~ ? 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