1999-03-12 Wetland Fill PermitMay 12, 1999
Linda Goeb
City Administrator
5975 Main Ave. NE
PO Box 9
Albertville MN 55301
IGHT SOIL AND WATER CONSERVATION DISTRICT
306C Brighton Avenue
Buffalo, Minnesota 55313
Telephone (612) 682-1933
682-1970
Fax (612)682-0262
RE: ALBERTVILLE CROSSING CASCADE II WETLAND FILL PERMIT
APPLICATION LOCATED WITHIN CITY OF ALBER T VILLE WRIGHT
COUNTY MINNESOTA.
Dear Ms. Goeb:
Thank you for submitting the permit for fill application for the above mentioned projects for our
review.
We have reviewed the information submitted and have numerous questions and concerns regarding
both the proposed wetland impacts and stormwater ponding. Since wetland impacts of almost one
acre are proposed it is my recommendation that you involve the technical evaluation panel in your
review process. As stated in statute part 8420.0240 any member of the technical evaluation panel
can request a technical evaluation panel meeting to review replacement plan applications no -loss
determinations, exemption determination etc. I am requesting that you conduct a technical
evaluation panel meeting to discuss the replacement plan application sometime after the comment
period expires.
Please feel free to contact me with any questions or concerns regarding this matter.
Sincerely,
Mark McNamara
Resource Conservationist
Wright SWCD
cc: Keith Grow, Board of Soil and Water Resources
Todd Manley, DNR Enforcement Officer
Pete Carlson, City Engineer SEH
Mark Kjolhaug, Kjolhaug Enviromnental
IGHT SOIL AND WATER CONSERVATION DISTRICT
306C Brighton Avenue
Buffalo, Minnesota 55313
Telephone (612) 682-1933
682-1970
Fax (612)682-0262
May 21, 1999
Linda Goeb
City Administrator
Albertville City Hall
5975 Main Ave NE
PO Box 9
Albertville MN 55301
RE: ALBERTVILLE CROSSING CASCADE 11 WETLAND FILL PERMIT APPLICATION,
LOCATED WITHIN THE CITY OF ALBERTVILLE WRIGHT COUNTY MINNESOTA.
Dear Ms. Goeb:
Thank you for submitting the replacement plan application for the above mentioned project.
1 have reviewed the information submitted and have the following comments and concerns which I feel
are important and need to be addressed.
• Wetland impact (Wetland 5A) proposed for Block G Lot 2 shows a building be constructed in a
wetland, we recommend this impact be avoided.
• Plan indicates proposes storrnwater ponding credits. However at least one storrnwater pond is located
in wetland 5A and will impact it with a berm. First NPDES permitting will not allow storrnwater
ponds in a wetland. Second both the Wright SWCD and Board of Soil and Water Resources would
not allow PVC for this pond. Also it appears all of wetland A is to be used as a storrnwater pond.
NPDES permitting requires pretreatment of stormwater runoff before it gets into the wetland. If PVC
is not allowed for the storrnwater ponds the proposed tivetland creation and banking is not enough to
satisfy the 2:1 replacement requirements.
• PVC credits cannot be allowed for "restoring" wetland A because Mr. Marx chose to drain this area
under an exemption, th crefore it cannot be used as mplaceimeiat for at %ant ten years.
• I also have questions about allow able de minimus. Mr. Marx chose to drain wetland A under an
exemption therefore he may have used up the exemption allotment and no de mirnimus exemption will
be allowed.
• 1f Phase 2 is entirely owned by a different developer then this would not be considered as one project.
However, if the goal is to phase and request additional exemptions this would not be allowed.
• Proposal indicates one to one replacement via wetland creation with other replacement conning from
banking and PVC credits, the Wright SWCD and BWSR would like to see more of the replacement
conducted on -site to reduce the risk of flooding to downstream landowners.
• Proposal is requesting sequencing flexibility. The Wetland Conservation Act requires a function and
value assessment reviewed and approved by the TEP for both the impacted and replacement wetland.
r
On page 5 of the replacement plan application the applicant indicates that even if the wetlands Is
were avoided the activities conducted in; the upland would inadvertently reduce the watershed to these
wetlands by 80% therefore eliminating these wetlands. The Wetland Conservation Act states,
diverting the watershed from a wetland is the same as draining the wetland, therefore, it would be
considered an impact. Grading should be done in manner so water is not diverted from these
wetlands, thus maintaining there hydrology.
• Proposal indicates phase two will result in wetland impacts, however, it does not provide any
replacement for these "inevitable" impacts.
• Finally One suggestion, you may want to consider is to utilize upland buffers for Public Value
Credits.
These aro the numerous questions which the Wright SWCD and BWSR have. These must be addressed
before the replacement plan application is approved.
Please feel free to contact this office if you have any questions and concerns regarding this matter.
Sincerely,
Mark McNamara
Resource Conservationist
Wright SWCD
cc: Pete Carlson, City Engineer Albertville
Keith Grow, Board of Soil and Water Resources
Keith Cherryhomes, Minnesota Pollution Control Agency
A
5975 Main Avenue N.E.
P.O. Box 9
Albertville, MN 55301
(612) 497-3384
Fax: (612) 497-3210
LGU - City of Albertville
5975 Main Avenue NE
Albertville, Minnesota 55301
NOTICE OF WETLAND CONSERVATION ACT DECISION
Name of Applicant:
Application Name:
Type of Application:
Date of Decision:
Cascade II - Marly Glines
Albertville Crossings
Replacement Plan Application
June 7, 1999
List of Addresses: Mr. Mark McNamara, Wright SWCD
Mr. Pete Carlson, SEH•RCM•RCM
Mr. Keith Grow, BWSR
Mr. Robert Hance, DNR
Mr. Doug Norris, DNR
Mr. Gary Elftman, COE
Mr. Jim Klein, John Oliver & Assoc.
Mr. Marly Glines, Dynamics Land Company
Mr. Mark Kjolhaug, Kjolhaug Env. Serv. Company
You are hereby notified that the decision of the Local Government Unit on the above -referenced
application was made on the date stated above. A copy of the City Council approval is attached.
Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a
petition for appeal to the Minnesota Board of Water and soil Resources within fifteen (15) days
of the date on the mailing of this Notice.
Date of mailing of this Notice
June 16, 1999
City of Albe ille - LGU
By:
Title:
CAMy DocumentsIOU-wetland docwncuLdw / wetland data list 06✓16/99
i
CITY OF ALBERTVILLE
RESOLUTION # 1999-26
A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE
ALBERTVILLE CROSSING PROJECT TO FILL 1.17 ACRES OF WETLAND TO
FACILITATE THE CONSTRUCTION OF A CITY STREET
BE IT RESOLVED by the City Council of the City of Albertville, Minnesota, as follows:
1. That the City of Albertville is the Local Government Unit (ALGU-) responsible for making
exemptions and approving replacement plans.
2. That the City of Albertville, by and through its City Council, sitting as the Local Government
Unit (ALGU-), adopts the following finds of fact regarding the application by the City of Albertville
to fill 1.17 acres of wetland to facilitate the construction of 57th Street, Lambert Avenue, and
Lachmahn Avenue:
That the application submitted to fill wetlands on the described site satisfies the Minnesota
Wetland Conservation Act procedural guidelines for:
1. Pre -Application Communications (Minnesota Rules 8420.0510)
2. Sequencing (Minnesota Rules 8420.0520)
3. Replacement Plan Components (Minnesota Rules 8420.0530)
4. Wetland Replacement Standards (Minnesota Rules 8420.0550)
3. That the City of Albertville, as ALGU- has fully exercised its responsibilities in ensuring
the compliance of the application with the described rules. In addition, it has satisfied application
Notification Procedures (Minnesota Rules 8420.0230).
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 7TH
DAY OF JUNE,1999.
ATTES
Administrator/Clerk
+.+
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