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1993-08-03 Resolution approving Wetland Mitigation RESOLUTION NO. 1992- t CITY OF ALBERTVILL COUNTY OF. WRIGHT STATE OF MINNESOTA RESOLUTION APPROVING THE WETLAND MITIGATION PLAN FOR PSYK'S FIFTH ADDITION WHEREAS, the Developer of Psyk's Fifth Addition proposes to fill a wetland approximately 0.33 acre in size within the development; and WHEREAS, a Mitigation Plan is proposed by the Developer as required by the Wetland Conservation Act of 1991; and WHEREAS, the proposed Mitigation Plan meets the requirements of the Wetland Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA. 1. That the Mayor and Clerk are authorized to execute the Findings of Fact approving the Mitigation Plan for wetland restoration for Psyk's Fifth Addition. Passed this 3rd day of August, 1992. FINDINGS OF FACT APPROVING THE WETLAND MITIGATION PLAN FOR PSYK'S FIFTH ADDITION 1. That Douglas Psyk (Developer) has caused the Preliminary Plat known as Psyk's Fifth Addition, dated February 4, 1992, to be prepared and submitted to the City of Albertville for approval. See attachment 1. 2. That the plat contains a wetland, 0.33 acre in size. 3. That the Developer proposes for the wetland to be filled in its entirety. 4. That the Developer is proposing the expansion of the existing wetland west of Lot 5, Block 3 of the future psyk' s Sixth Addition as mitigation for the wetland destruction. See attachment 1. 5. That the Mitigation Plan is in conformance to the Wetland Conservation Act of 1991. 6. That the Developer has contacted the Minnesota Department of Natural Resources, the U.S. Army Corps of Engineers and the Minnesota Pollution Control Agency, and that each of these agencies has responded on the development's design involving the wetlands. See attachments 2, 3 and 4. 7. That the wetland Mitigation Plan be completed no January 1, 1994, including site restoration, extension is granted by the City of Albertville. later than unless an Approved per City Council Resolution 1992 - /f . LOCAL--STATE--FEDERAL PROJECT NOTIFICATION FORM You may use this form to notify the MinnesoUz Department of Natural Resources, the Army Corps of Engineers, and your county and municipal olTlUS of a project or wor/c you propose which may faIl within their jurisdiction. These agencies should advise you of their jurisdiction. if any, within 45 days of receipt of this notifu:ation. This form is provided as a convenience and its use is optional You may, if you wish, apply for permits or authorizo.tions using standard agency fCHmS. Fill out this form completely and T1UliJ a copy, with 's, maps, de. to each of the agencies /isti:d on the reverse of the form. Keep a copy of aIl11Ulterials submitted for your records. You TTUJSt obtain all required authorizo.tions before b~J! work. VIOlations of local. Stme, or FetleralIows 17UJV be uunishable by administrative. civil and/or aiminal f)eIUl/Jies. L Applicant's Name (First, Last, M.L) Dou las Ps k Address (Street, RFD, Box Number, City, State, Zip Code) 11420 54th street NE, Albertville, MN 55301 IL LOCATION OF PROPOSED PROJECT (ATTACH DRAWING SHOWING HOW TO GET TO SITE) Government lot(s) Quarter Section(s) Section(s) No. Township(s) No. Range(s) No. Lot, Block, Subdivision Part of SWl & NWl 1 120 24 Fire No., Box No., or Project Address County Work will affect _lake ..lS.-wetland _waterway _ag production Ps k' s Fifth Addition Wri ht Waterbody Name, No. (if known) III. ESTIMATED PROJECI COST: $ 5000 LENGTH OF SHORE AFFECTED (in feet): / / Authorized Agent, if any / / Area Code, Telephone (61; 497-2753 IV. Volume of fill or excavation (cubic yds.): Area filled or excavated is 0.33 acres, or square feet (NOTE: You may substitute dimensions) v: IYPE OF WORK AND AREA (Check all that apply): ...1L-FlLL _EKC4VAIE REPAIR _CONSTRUCT _REMOVE _DRAIN _DAM _SHOREliNE _WETIAND _WAIERWAY _IXXK _CULVERT _BRIDGE _LAKE ~CCESS PAm _RIPRAP _SAND BLANKET OTHER (describe): WETLAND TYPE(S) AND ACREAGE(S) PROPOSED TO BE FILLED/DRAINED: Type 1 0.33 acre Attach drawings and plans. I"dude.o description of any proposed Compensatory mitigation.. Important: Identify any disposal and borrow areas.. Describe the work below; how it would be done, what equipment would be used: All topsoil and unstable materials shall be removed, Fill material from adjacent grading operations shall be hauled in and compacted. An urban section roadway, storm sewer, sanitary sewer and watermain shall be constructed. The entire 0.33 acre wetland is to be fill Doz r VI. PROJECT PURPOSE ( why is this project needed--what benefits will it provide?): Construction of city street. Project is needed for public access and emergency access. Follows existing sanitary sewer easement. VII. ALTERNATIVES (describe any other sites or methods that could be used to adUeve the purpose of your project while avoidin or minimizing wetland/water impacts: A1tLu:h additional sheets, ifneeded). Physical limitations of existing plat to the east, wetlands to the west and sanitary sewer line force the development of the road in this location. No other alternatives .are practicabl . VIII. DATES-- Activity proposed to begin on: Be completed: Has any of the work been done? NO ~ YES _ (identify any completed work on drawing). IX. ADJOINING PROPERTY OWNERS (Attach list if more than two). see Name Address City lmlnary Zip a 1. 2. X PERMITS have been received (enter an R) or already applied for (enter an A) from: ~DNR .1i.-ARMY CORPS NACOUNTY -A-TOWN/CITY NA WATERSHED DISTRICT ..Ji..JfN. POLLUTION CONTROL AGENCY. Has an archaeological survey of the project site been done? no If so, by whom: XI. I hereby notify the recipients of this form of the project proposed herein and request that I be advised of any permiJs or other delermiJuuions . g this projec that obtain. I understand that proceeding with wor/c before all required authorizmions . obtained subject to lor local administrative, civil and/or criminal penaIties. 7~ 3/-CY!-- / DATE: S. <<< PLEASE CAREFULLY READ AND COMPLETE BACK OF FORM>>> INSTRUCl10NS-PLEASE READ CAREFUllY A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below. Please check the appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for yourself. DO NOT SEND ANY PERMIT PROCESSING FEES WITH TI-llS FORM. x MUNICIPAL GOVERNMENT (CITY OR TOWN) OR COUNTI ZONING OFFICE. SEND TO COUNTI IF YOUR PROJECT SITE IS NOT IN A MUNICIPAL AREA. PLEASE UST TIlE MUNICIPALITY OR COUNTI TO WHICH YOU ARE SENDING THE FORM: Albertville WATERSHED DISTRICT OFFICE (IF ONE EXISTS FOR YOUR PROJECT AREA). PLEASE UST DISTRICT OFFICE NAME: x MINNESOTA DEPT. OF NATURAL RESOURCES REGIONAL OFFICE. YOUR LOCAL SOIL AND WATER CONSERVATION DISTRICT. x U.S. ARMY CORPS OF ENGINEERS. SEND TO: Department of the Army, Corps of En.g:inPPrS, St. Paul District, ATTN: CO-R, 180 Kellogg Blvd. E., Room 1421, St. Paul, MN 55101-1479 Note: The above agencies may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water quality rules may apply to your proposal. ATfENTION! FROM USDA: Any activity including drainage, dredging, filling, leveling or other manipulations, including maintenance, may affect a Ianduser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check with your local USDA office to request and complete Form AD-1026 prior to initiating activity. IMPORTANf: Some of the above offices may allow this form to be used as a permit application form. The Corps of Engineers will accept this form as an application form. If you wish this form to constitute an application to the Corps of Engineers for any necessary permits for your project under Section 10 of the Rivers and Harbors Act of 1899, and/or under Section 404 of the Clean Water Act, please carefully read the following information and sign where indicated below. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I 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. Signature of Applicant Date Signature of Agent Date NOTE: The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the information requested below is provided. Agent's Name: Agent's Title: Address: Telephone: (~ 18 U.S.C. Section 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 fact or 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, 01 fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. DO NOT SEND ANY PERMIT PROCESSING FEES WITH THIS FORM ~ PAINTEO ON W RECYClEO PUlA - A TT ACHMENT 2 DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 180 E. KELLOGG BLVD., ROOM 1421 ST. PAUL, MINNESOTA 55101-1479 . ' ". ............ June 9, 1992 REPLY TO ATTENTION OF Construction-Operations Regulatory (92-04950-NW-TJF) Meyer-Rohlin, Inc. Attn: Robert Rohlin 1111 Highway 25 North Buffalo, Minnesota 55313 Dear Mr. Rohlin: We have reviewed the information provided us about a project of Douglas Psyk to grade and place fill material into a wetland basin near State Protected Water 414W. This work would be done during the construction of Psyk's Fifth and Sixth Additions on the west side of Albertville. The project site is located in the SW 1/4 Sec. 1, T. 120N., R. 24W., Wright County, Minnesota. We have determined that the work proposed within the Fifth and sixth , Additions is authorized by the Department of the Army nationwide permit referenced by number below, provided the enclosed conditions are followed. It appears that a wetland basin about 1/3 acre in size would be filled as a result of the proposal. Also, it is our understanding that no grading or filling would occur in the wetland fringe along the north side of State Protected Basin 414W, and that no filling would occur in the wetland west of the Lachman Circle cul-de-sac in the Sixth Addition. In addition, we understand that all storm water retention basins would be located in upland areas. However, oecause the Corps considers Clean Water Act Section 401 Water Quality certification for this nationwide permit to have been denied by the Minnesota Pollution Control Agency (MPCA), you must obtain a Section "401 Certification from MPCA in order for the nationwide permit to be valid for your project. You may consider vour pro;ect authorized bv the nationwide permit when vou obtain a Section 401 Certification or Waiver from MPCA. The person to contact at the MPCA is Mr. Larry Zdon, Water Quality Division, Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, Minnesota 55155-3898. Mr. Zdon's telephone number is (612) 297-8219. This nationwide permit authorization review only involved the Fifth and Sixth Additions. The concept plan included with your submittal indicated future development to the south and west. As you are aware, wetlands are present in these areas. Design plans for development must consider avoiding wetlands wherever possible and providing adequate compensation for all unavoidable wetland impacts. --") It is your responsibility to insure that the work complies with the terms of this letter and the enclosures. IT IS YOUR RESPONSIBILITY TO OBTAIN ALL REQUIRED STATE (including the Minnesota Pollution Control Agency and Minnesota Department of Natural Resources) AND LOCAL PERMITS AND APPROVALS BEFORE YOU PROCEED WITH THE PROJECT. Thank you for your patience and cooperation. during our review of ... this proposal. If you have any questions, contact Tim Fell in our st. PauL office at (612) 220-0360. Enclosure(s) a7-~ ~-~~~ef,Regulatory Branch Construction-Operations Division Determination: 33 CFR 330-App. A, Nationwide permit number (26) -' C. Nationwide Permit Conditions General Conditions: The following general conditions must be followed in order for any authorization by a nationwide permit to be valid: 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. . . 3. Erosion and siltation controls. Appropriate erosio~ and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soi1'and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic life movements. No activity -may. substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. . ,- 5. EQuipment. Heavy equipment working in wetlands must be placed on mats or other measures must~be taken to minimize soil disturbance. 6. Regional and case-bv-ease conditions. The activity must comply with any regional conditions which may have been added by the division engineer (see 33 CFR 330.4(e)) and any case specific conditions added by the Corps. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest Service. 8. Tribal rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality certification. In certain states, an individual state water quality certification must be obtained or waived (see 33 CFR 330.4(c)). 10. Coastal zone management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. (see 33 CFR 330.4(d)). 11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the district engineer if any listed species or critical habitat might be affeCted or is in the vicinity of the project and shall not begin work on the activity until notified by the district engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species and their critical habitat can be obtained from the U.S. Fish and Wildlife Service and National Marine FISheries Service. (see 33 CFR 330.4(f)) 12. Historic properties. No activity which may affect Historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the district engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). Section 404 Only Conditions: In addition to the General Conditions, the following conditions apply only to activities that involve the discharge of dredged or fill material and must be followed in order for authorization by the nationwide permits to be valid: 1. Water supplv intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank stabilization. 2. Shellfish production. No discharge of dredged or-fill material may occur in areas of concentrated sheilfish production, unless the discharge is directly related to a sh~llfish harVesting activity authorized by nationwide permit 4. 3. Suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car. bodies, etc.) and material discharged must be free from toxic.pollutants in toxic amounts (see section 307 of the Oean Water Act). 4. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e. on-site), unless the DE has approved a :-'. compensation mitigation plan for the specific regulated activity. 5. Spawning areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 6. Obstruction of high flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). . 7. Adverse impacts from impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of waterancl!or the restriction of its flow shaD. be minimized to the maximum extent practicable. 8. Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 9. Removal of temporary fills.. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. . t:".. (....... ATTACHMENT 3 G Minnesota Pollution Control Agency 520 Lafayette Road, Saint Paul, Minnesota 55155-3898 Telephone (612) 296-6300 ,June 23, 1992 Mr. Ben Ilopat Regulatory Branch, St. Paul District U.S. Army Corps of Engineers 1421.U.S. Post Office. & Custom Ho~se St. .Paul, Minnesota 55101-9808 Dear Mr. Ilopat: RE: CENCS-CO-R 92-04950-NV-TJF Individual Project 401 Certification Nationvide Permits 33 CFR Part 330 Appendix A (26) psyk Fifth and Sixth Additions, Albertville' Vetland,. Vright County This l~tter is submitted by the Minnesota pollution Control Agency (MFCA) under authority of Section 401 of the Clean Vater Act (33 USC 1251 et seq.) and Hinn. Stat. chs. 115 and 116. The applicant proposes a project to be eligible for a nationvide permit as referenced abo~e. The project involves a proposal to construct a residential development to be located in SV 1/4, Section 1, T 120 N, R 24 V, Vright County. The project viII fill 0.33 acres of vetland and vetland compensatory mitigation viII be accomplished in accordance vith a ~eplacement plan approved by the local unit of government in accordance vith the Hinnesota Vetland Conservation Act. The HFCA viII vaive certification of the referenced project vith th~ folloving condition since the project impacts do not appear to be significant as defined by present vater quality standards. 1. The proposed site layout for the residential lots and structures have maximized avoidance of vetlands to satisfy this yaiver of certification. Subsequent proposals by individual home ovners to fill yetlands on individual lots should not be alloyed if such proposals yould conflict yith the avoidance of vetlands plan that yas incorporated into this proposal. For the lots that have yetlands vithin the lot boundaries, a recorded deed restriction or other acceptable permanent restriction is required to prohibit future lot ovners from filling yetlands on their lots. This action does not exempt the applicant from the responsibility of complying vith all applicable local, state and federal requirements, nor does it grant any right to violate personal or property rights. The applicant must also comply vith all requirements of the Minnesota Yetland Conservation Act of 1991 as contained in Hinn. Stat. ch. 103. The applicant must contact the local unit of government responsible for taking applications and certifying replacement plans of yetlands under the Act. Regional Offices: Duluth. Brainerd. Detroit Lakes. Marshall. Rochester ., \uv \ Hr; Ben Vopat Page 2 If you have any .questions on this, please call La'llrence S. Zdon~at (612) 297-8219. . ~y, ~~~ Duane ~~r: n,Hanager . ASseSS~~:~lanning Section . Vater Quality Division . DLA:ls cc: vHr.Robert Rohlin," Heyer-Rohlin, Inc. Buffalo, HM. Hr. Ted Rock'llell, U.S. Environmental Protec~ion Agency, St. Paul, Ms. Lynn Le'llis; Field Supervisor, U.S. Fish and Vildlife Service Hr. Kent Lokkesmoe,. Director,- Divisio~of Vaters, HDNR ~...." ,- '- .-.-) ~ STATE OF [N][N]~~@Lr~ DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATERS, P.O. BOX 370, ST. CLOUD, MN 56302FILENO. PHONE NO. (612) 255-4278 April 15, 1992 Meyer-Rohlin Inc. Attn: Robert RoWin 1111 Hwy. 25 North Buffalo, MN 55313 Dear Bob: CITY OF ALBERTVILLE; PSYK'S ADDITIONS; WETLAND NO. 86-414W Thank you for sending me the Preliminary Plat and plans for the Psyk's Fifth and Sixth Additions. As I had previously advised you, I recommend using elevation 952.0 feet as the OHW level for Public Water Wetland No. 86-414w. According to the plans for the 5th and 6th Addition, all of the lots and streets will be outside the bed of this wetland. I note that the plans contain at least one storm sewer outfall to Wetland No. 86-414w. If any portion of the outfall structure, or any excavation or filling related to the structure affects land below the OHW level of the wetland, a permit will be required from the DNR. One of the conditions of such a permit is that storage and filtration of runoff be addressed before the runoff reaches the Public Water Wetland. 1 have attached the applicable portion of the State Regulations on this subject. I note that there are several areas that this development may affect that are probably covered by the Wetland Conservation Act of 1991. To date, Wright County is not yet administering the program. Therefore, absolutely no filling or drainage of any wetlands in Wright County can be legally done. The City may also administer this program if it wishes. They should contact the Minnesota Board of Water and Soil Resources at 612-297-1894 for further information on this subject. Please don't hesitate to contact me if you have any additional questions on this matter. S19:: /~ Dale E. Homuth Area Hydrologist cc: City of Albertville Dave Hills, Regional Hydrologist AN EaUAL OPPORTUNITY EMPLOYER 5389 PUBLIC WATER RESOURCES 6115.0231 in flood'stage are reflected in the floodplain boundaries and flood protection elevation adopted in the local floodplain management ordinance. (b) Replacement of existing crossings. If the existing crossing has a swellhead of one-half of one foot or less for the regional flood, the replace- ment crossing shall comply with the provisions for new crossings in unit (a). If the existing crossing has a swellhead of more than one-half of one foot for the regional flood, stage increases up to the existing swellhead may be allowed provided field investigation and other available data indicate that no significant flood damage potential exists upstream from the crossing based on analysis of data submitted by the applicant. The swellhead for the replacement crossing may exceed the existing swellhead ifit complies with the provisions for new crossings found in unit (a). (c) The decks and approaches to bridges or culverts on major transportation routes and on roads that provide access to development at urban densities shall be no lower than two feet below the flood protection elevation as defined in part 6120.5700, subpart Sunless it can be shown that alternative routes or access can be provided during the regional flood. (3) The structure shall provide for game fish movement, unless the structure is intended to impede rough fish movement or the stream has negligible fisheries value. (4) The structure will not obstruct reasonable public navigation. For bridges over protected watercourses, three feet above the calculated 50-year flood stage will ordinarily satisfy navigational clearance requirements. For bridges over protected waterbasins or wetlands, and all culverts, three feet of clearance above the ordinary high water mark will ordinarily satisfy navigational requirements. (5) Any project proposed near an existing or proposed segment of the state trails system should be consistent therewith. (6) Footbridges and walkways: (a) Over watercourses. Must be designed to cause negligible backwater effects during floods. Must be securely anchored or otherwise capable of withstanding the dynamic forces of flowing water, ice, and debris. Approaches must not be raised above the adjacent floodplain lands. (b) New walkways across any portion of protected waters to provide private access to an island will be prohibited. Permits for reconstruction of existing walkways or for the construction of new walkways intended to provide public access will be issued only if: the walkway provides the only existing access to the island; there is existing development thereon; the design will provide for any public navigational needs and is consistent with the natural surroundings. B. The construction, reconstruction, or relocation of all water intake and sewer outfall structures placed in protected waters shall be permitted provided all of the following criteria are met: (I) Adequate attention is given to methods of screening the struc- ture from view as much as possible from the surface of the protected water through the use of existing vegetation or new plantings. (2) The project is not detrimental to public values including but not limited to fish and wildlife habitat, navigation, water supply, water quality, or storm water retention. (3) No site conditions will require frequent future disruption of the beds of protected waters. (4) Adequate precautions must be planned during and after con- struction to prevent silt, soil, and other suspended particles from being dis- charged into protected waters. (5) Adjacent to the intake structure, the banks and bed of the protected water must be protected from erosion and scour by placement of suitable riprap shore protection. '.. 'I 6115.0231 PUBLIC WATER RESOURCES 5390 (6) The banks must be revegetated by seeding and/or sodding. (7) The structure must be designed by a professional engineer. (8) Intake structures: Excavation must be detailed in the application and on design plans. Where necessary, a water appropriation permit must be obtained from the department prior to operation. An appropriate sized screen must be used to prevent fish intake. (9) Outfall structure design shall: (a) where necessary, incorporate a stilling-basin, surge-basin, energy dissipator, or other device or devices to minimize disturbance and erosion of natural shoreline and bed resulting from peak flows; (b) where feasible, utilize discharge to natural wetlands, natural or artificial stilling or sedimentation basins, or other devices for entrapment of sand, silt, debris, and organic matter; . (c)where feasible, maximize use of natural or artificial ponding areas to provide water retention and storage for the reduction of peak flows into protected waters. Statutory Authority: MS s 105.415 History: 8 SR 533 6115.0232 RELATIONSHIP TO STANDARDS AND CRITERIA FOR OTHER ACTIVITIES INVOLVING CHANGES IN COURSE, CURRENT, OR CROSS- SECTION. Unless otherwise specified in other parts, parts 6115.0230 and 6115.0231 shall apply to bridges and culverts proposed as part of any other activity or activities including but not limited to: filling, parts 6115.0190 to 6115.0192; excavations, parts 6115.0200 to 6115.0202; structures, parts 6115.0210 to 6115.0212; water level controls, parts 6115.0220 to 6115.0222; drainage of protected waters, parts 6115.0270 to 6115.0272; and alterations of protected waters for mining, part 6115.0280. Statutory Authority: MS s 105.415 History: 8 SR 533 6115.0240 APPLICATION FOR PROTECTED WATERS PERMITS. Subpart 1. Forms and submission. All applications pursuant to parts 6115.0150 to 6115.0280 shall be made on forms prepared by the department and submitted to the regional office for the area where the majority of the proposed project is located. Subp. 2. Who may apply. Applications shall be submitted by the riparian owner of the land on which a project is proposed, except: A. A governmental 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. 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 may be issued for the term of the lease only, subject to cancellation prior to the termination date of the agreement if the agreement is canceled. C. A prospective lessee of state-owned lands may apply for a permit in his own name after he has requested a lease from the departmental official responsible for the affected lands. Both the lease request and the permit applica- tion will be processed concurrently with appropriate coordination. Subp. 3. Information required. Pursuant to Minnesota Statutes, section 105.44, subdivision 4, an application shall be considered complete when: A. It includes all of the information specified in the appropriate section or sections of these standards. Fonn Provided By BWSR (6/92) (Project #) WETIAND CONSERVATION ACf 1991 CERTIFICATE OF EXEMPTION OR COMPLIANCE. LGU ADDRESS AND PHONE NUMBER Douqlas Psvk. 11420 54th street NE, Alhp.rtvillp., MN Ss~Ol (Name, address, and phone of applicant) 497 - 2 753 Site grading and street construction, Psyk's Fifth Addition (Description of projectlName of development) T 120, R 24, S 1, part of swt & NWt, Psyk's Fifth Addition, (location of work: Township, Range, Section, Qtr. Section, Lot, Bloclc, Subdivision, City, County) Albertville Wright County The wetland activity at the above site is exempted from the Wetland Conservation Act (yVCA) for the following reason: [Please Circle (A), (B), OR (C~ This exemption certification expires (Dale) (A) Exemption # (from M.S. l03G.2241) Description of Exemption :OR (B) A Wetland Does Not Exist; OR (C) Wetland Loss Has Been Avoided (0) Wetland Has Been Replaced As Per Approved Plan (attached) (LGU Official Signature) (Dated) . on determination is truthful and accurate to the best of my (Applicant r-7 ? I- 9' L--- (Dated) I ~ * TIiIS CERTIFICATION ONLY APPUES TO TIiE WCA OF 1991. PermilS from local, state, and federal agencies may be required. Check with the appropriate authorities before commencing work in or near wetlands. The Combined Joint Notification (CJN) form can be used for this purpose.