HomeMy WebLinkAboutResolution No. 132-05 -77
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RESOLUTION
WHEREAS, the owner of Kingsbury Seventh Subdivision identified wetlands located on
the Kingsbury Hills development east of 60th Avenue N.W., and south of 55th Street N.W. The
property is being developed by Bigelow Enterprises. The wetland is a degraded wetland isolated
from other wetlands further downstream and located within a larger waterway system. The
applicant proposes replacement with 11,810 square feet of new wetland credits in an existing
wetland replacement area located in Ridgeview Manor development, which is also a Bigelow
development, and is located in the same Kings Run subwatershed; and,
WHEREAS, the Technical Evaluation Panel (TEP) reviewed the alternatives and found
that they meet the minimum standards for sequencing. The TEP also agreed that avoidance of
the wetlands is not feasible due to the location of the wetland. The existing tile lines that will be
affected by upland grading resulting in the likely loss of hydrology in the wetland and the
potential long term stormwater impacts; and,
• WHEREAS, the replacement wetland proposed by the applicant is a part of.an existing
wetland replacement area originally approved in 2002. The beginning of the construction
process for this wetland started in 2003. As noted by the applicant, this replacement area is
likely to be a successful wetland creation with sufficient area to meet the 2:1 replacement
requirement, and,
WHEREAS, the TEP did not agree with the replacement proposal finding violations of the
following state administrative rules:
1. Minn. Rule 8420.0542: "All wetlands to be restored or created for replacement
must be designated for replacement before restoration or creation. Submission to
the local government unit of the information required in part 8420.0530 and
subsequent approval shall be considered evidence of designation for replacement,
provided the information is submitted before the actual restoration or creation."
2. Minn. Rule 8420.0530(C), (D) require the submittal of a complete replacement
plan that includes knowledge of the wetland impact area in addition to the
replacement area.
3. Minn. Rule 8420.0740, Subpart 1 states that "any separate banking system
including those established by local governments must comply with parts
8420.0700 to 8420.0760 and must be approved by the board and the
commissioner;" and,
WHEREAS, this matter came before the City of Rochester Common Council on April 4,
02005, for a final decision on the replacement plan. The Council gave all interested parties an
opportunity to be heard on this matter and considered all information presented to it including
that information found within the Council Agenda packet (a copy of which is attached hereto and
identified as Exhibit A); and,
WHEREAS, Mr. Jeff Broberg, speaking on behalf of the applicant, stated that the
proposed replacement plan did not violate the above-mentioned administrative rules and offered
proposed findings of fact that would sustain the legality of the proposed replacement plan; and,
WHEREAS, the Council concluded that Mr. Broberg's proposed findings of fact were
accurate and appropriate, and should be adopted.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City approve the Wetland Delineation and Replacement Plan presented by
the developer of Kingsbury Seventh Subdivision based upon the findings of fact that are
attached hereto and identified as Exhibit B.
The Mayor and the City Clerk are authorized and directed to approve this plan on behalf
of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
*ROCHESTER, MINNESOTA, THIS DA OF , 2005.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
C CLERK
APPROVED THIS DAY OF , 2005.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zorie05\Wet1and.Approve04
•
REQUEST FOR COUNCIL ACTION MEETING
DATE: 4/4/05
AGENDA SECTION: ORIGINATING DEPT: ITEM NO.
REPORTS AND RECOMMENDATIONS PLANNING
[IFFE—MDE SCRIPTION: Wetland Delineation and Replacement Plan—Kingsbury 7`h Subdivision PREPARED BY:
John Harfo o
Plan
March 31, 2005
Wetland Delineation and Replacement Plan:
The applicant has proposed the filling of 5,905 square feet of Type 2 wetland on property located in the Kingsbury
Hills development east of 60`h Ave., NW and south of 55th St., NW. The property is being developed by Bigelow
Enterprises. The wetland is a degraded wetland isolated from other wetlands further downstream and located within a
larger waterway system. The applicant proposes replacement with 11,810 s.f. of new wetland credits in an existing
wetland replacement area located in Ridgeview Manor development also a Bigelow development and is located in the
same Kings Run subwatershed. Based on the previous replacement plans there is sufficient wetland area for this
replacement plan.
The Technical Evaluation Panel (TEP) reviewed the alternatives and found that they meet the minimum standards for
Sequencing (MS Chapter 8420.020). The TEP agrees that avoidance of the wetlands is not feasible due to the location
of the wetland, existing tile lines that will be affected by upland grading resulting in the likely loss of hydrology in the
wetland, and potential long term stormwater impacts.
The replacement wetland proposed by the applicant is a part of an existing wetland replacement area originally
approved in 2002. The beginning of the construction process for this wetland started in 2003. As noted by the
applicant this replacement area is likely to be a successful wetland creation with sufficient area to meet the 2:1
replacement.
However, the TEP did not agree with the replacement wetland because of the wetland rules. The WCA rules address
the process for wetland replacement approval by a Local Governmental Unit (LGU). The rules allow for 1) "direct
replacement", where an area is identified for replacement prior to the construction of the replacement area to allow for
technical review of the plan, or 2) by replacement in a state approved wetland bank(MS Chapter 8420.0520). Several
sections of the rules address how and when a wetland replacement area is approved.
1. 8420.0542: "All wetlands to be restored or created for replacement must be designated for replacement before
restoration or creation. Submission to the local government unit of the information required in part 8420.0530
and subsequent approval shall be considered evidence of designation for replacement, provided the
information is submitted before the actual restoration or creation".
2. 8420.0530(C and D) requires the submittal of a complete replacement plan that includes knowledge of the
wetland impact area, in addition to the replacement area.
3. 8420.0740, Subpart 1 states that "any separate banking system including those established by local
governments must comply with parts 8420.0700 to 8420.0760 and must be approved by the board and the
commissioner".
indings are attached to the RCA that explain in more detail the reasoning for the TEP recommendation.
COUNCIL ACTION: Motion by: Second by: to:
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Technical Evaluation Panel Recommendation: Based on the findings the TEP recommends that
wetland sequencing and impact be accepted — that the wetlands on Kingsbury 7`h are permitted to be fi.
The wetland replacement area should not be approved and that the applicant find an alternative direct
replacement or purchase of wetland bank credits to complete the required wetland replacement plan.
City Council Action:
The Council has three options:
1. Deny the wetland replacement plan;
2. Approve the replacement plan as proposed by the applicant;
3. Approve the replacement plan with conditions. A condition would be that the replacement occur in an
approved wetland bank as suggested by the consultants at the TEP meeting on March 16, 2005. The
applicant must supply the necessary wetland bank withdrawal forms to the Planning Department.
The council will need to approve a resolution that supports their findings on the replacement plan.
Attachments:
1. TEP Findings and attachments
2. Replacement Plan Application and attachments from the applicant
Distribution:
1. City Attorney
2. City Administrator
3. Planning Department File
4. Applicant: McGhie and Betts Environmental Inc is the consultant.
' J
TEP REPORT: FINDINGS AND RECONBIENDATION
March 31, 2005
Kingsbury 71h WCA Replacement Plan Application Proposal—March 10, 2005
TEP met on March 16, 2005 to review replacement plan application and proposal with
applicant. The TEP met on March 31, 2005 to finalize the TEP recommendations.
These findings/recommendations refer only to the discussion of the proposed replacement
area eligibility. All other project application information as amended and submitted by
applicant to date meets the WCA requirements.
The access 17,428 sq. ft. of wetland area at Ridgeview Manor replacement site is not
eligible as replacement for the 5,905 sq. ft. of the wetland impacts being proposed for
Kingsbury 7` Subdivision.
Issue_Replacement area at Ridgeview Manor has already been construction
therefore does not qualify as direct replacement. Proposed replacement area is not
eligible for replacement for wetland impacts on Kingsbury 7ch
• WCA Statutes 8420.0542 Timing of Replacement (Attachment A, Page 42, lines
25-31) states:
"All wetlands to be restored or created for replacement must be designated for
replacement before restoration or creation. Submission to the local government unit
of the information required in part 8420.0530 (Replacement Plan Components —
Attachment D, Pages 37-39) aiid subsequent approval shall be considered evidence of
designation for replacement, provided the information is submitted before the actual
restoration or creations."
The WCA statutes as stated require the LGU to receive a complete replacement
plan for Kingsbury 7ch that includes all components listed in the above MS 8420.0530
prior to approval and actual restoration or creation of replacement wetland. Although
the applicant had information for the proposed replacement wetland at Ridgeview
Manor prior to construction, the applicant did not submit all required information for
Kingsbury 7`h including the wetland impacts (item C, line 42) as evidence of
designation for replacement.
Issue: Whether the proposed 17,428 sq. ft. of wetland credits are available at
Ridgeview Manor replacement wetland. The excess acreage of wetlands created at
Ridge view Manor has not been approved and deposited in the state wetland bank as
to date. No wetland banking credits are deposited and available for replacement.
WCA statutes 8420.0730 (Administration and Management Authority,
• Attachment B, page 60 line 5) states:
"Any separate banking system including those established by local governments
must comply with parts 8420.0700 to $420.0760 (Standards and Criteria for State
Wetland Banking, Attachment B, Pages 58-64) and must be approved by the board
and the commissioner".
The board (BWSR) and the commissioner(DNR) have not approved a separate
wetland bank system for the City of Rochester or any private individual as to date.
Conclusion: A complete replacement plan meeting MS 8420.0530 (Replacement
Plan Components—Attachment D, Pages 37-39) for Kingsbury,7th was received on
March 10, 2005. The proposed Kingsbury 7th replacement area(Ridgeview Manor
wetland creation)was constructed prior to LGU approval of Kingsbury 7th
replacement plan application (MS 8420.0542—Timing of Replacement—Attachment
A, Page 42, line 25-31)) and no approved wetland bank credits from Ridgeview
Manor wetland area are available to date. Therefore, the proposed replacement
wetland located at Ridgeview Manor is not eligible for replacement for the wetland
impacts being proposed for Kingsbury 7th
TEP Recommendation to the City of Rochester: The Replacement Plan
h
Application for Kingsbury 7 tas submitted should be denied. The replacement
wetland being proposed is not eligible as replacement for the Kingsbury 7th wetland
impacts and approving this replacement would be contrary to WCA Law MS 8420.
TEP Signatures: (If TEP recommendation is not a consensus,note with an asterisk and explain on •
the back of this page)
SWCD Representative Date BW presentative D e
�f
U Represent ah e D to
•
Background Information to Support Findings:
1. May 15, 2002—Applicant submitted a replacement plan and wetland banking
application for Ridgeview Manor Development. The LGU decision made on
July 1, 2002 did not include a wetland banking plan approval.
2. July 18, 2003 —Ridgeview Manor Subdivision Revisions to May 2002
Basic Application and Banking Plan for 2003 Ridgeview Manor 3Td wetland
mitigation was submitted by Applicant.
Applicant's letter states:
"The 2002 application and the revised Wetland Bank Plan is only a means
to account for the multi-project use of the mitigation area. We have not
proposed making a Wetland Bank at this site."
"the change in type of replacement area needs to be revised because the
project specific wetland credits will be used for Kingsbury Hills and other
future Bigelow projects."
"Construction of the wetland replacement areas at Ridgeview Manor
icommenced in the fall of 2002"
3. August 11, 2003—TEP Meeting held with Applicant— Kingsbury 4th
Wetland Replacement Application Review
Regarding eligibility of using direct replacement of Ridgeview Manor excess
wetland area:
Issue One: If proposed replacement wetland had been constructed it is
not eligible for direct replacement for Kingsbury 4th. (MS Statutes
8420.0542 - Timing of Replacement—Attachment A, page 42, line 16)
Resolution: Parts of the wetland area had been constructed but not the
area labeled `BB"being proposed for Kingsbury 0' impacts.
Issue Two: Private banking or accounting system of previously
restored/created wetlands are not authorized unless approved by BSWR
(MS 8420.0730, See attached B—Page 60, lines 5-8)
Resolution: The proposed replacement area labeled `BB"has not
been constructed so it can be considered a direct wetland
replacement as per statutes. No wetland banking application to
• bank the excess credits was being submitted at this time.
Issue Three: Clarification was needed to sequence LGU approval and •
designation of direct replacement by applicant.
Resolution: Applicant/Consultant will follow up with letter to
LGU clarifying the timing of direct replacement.
4. October 6, 2003—Applicant/Consultant's follow up letter to LGU addressing
TEP concern about direct replacement versus banking.
Applicant's letter(Attachment C)states, "Please disregard the earlier
accounting (July 18, 2003 letter) for wetland credits at Ridgeview".
- Clarifies that direct replacement was being proposed for Kingsbury IV.
The letter lists replacement areas being used for Ridgeview Manor 2na ,
West Park and proposed Kingsbury 4th
" We have accounted for the total New Vetland Credits and Public
Value-Credits at Ridgeview and total all of the projects that
account for the credits".
- Clarifies that any access credits from new area (labeled"BB") to be
constructed will be submitted under separate banking application.
"At this time we are not adding credits for the proposed Storm
water Treatment Basins but we intend to submit a separate wetland •
banking application under separate cover."
5. LGU Decision for Kingsbury 4th—November 11, 2003
Request For Council Action form states:
"The new wetlands and buffer are part of a larger wetland replacement
area that combines 3 projects including Ridgeview Manor, West Park and
now Kingsbury 4th.
y r t
1 systems that are consistent with subitem (2) and subpart 6 may
2 be allowed for public value credit.
3 C. Stormwater detention basins allowed for
4 replacement are not eligible for the exemptions in part
5 8420.0122 and are subject to parts 8420.0500 to 8420.0630.
6 Subp. 11. Wetland creations. All other wetland creation
7 sites may receive new wetland credit in an amount not to exceed
8 100 percent of the total wetland area created. Except for
9 public projects, a performance bond or other surety shall be
10 secured and held until the local government unit has determined'
11 that the design goal for the wetland replacement site, as
12 approved in the replacement plan, is fully achieved.
13 STAT AUTH: MS S 14.06; 103B.101; 103B.3355; 103G.2242
14 HIST: 18 SR 274; 22 SR 1877; 25 SR 152; 27 SR 135
15
16 8420.0542 TIMING OF REPLACEMENT.
17 Replacement of wetland functions and values must be
18 completed before or concurrent with the actual draining,
19 excavation, or filling of a wetland, unless. an..irrevocable bank
20 letter of credit or other security acceptable to the local
21 government unit is submitted to the local government unit to
22 guarantee successful completion of the replacement. Local
23 government units may require performance bonds or similar
4 instruments to assure that the replacement wetland is
5 successfully established. All wetlands to be restored or
26 created for replacement must be designated for replacement
27 before restoration or creation. Submission to the local
28 government unit of the information required in part 8420.0530
29 and subsequent approval shall be considered evidence of
. 30 designation for replacement, provided the information is
31 submitted before the actual restoration or creation. The
32 exceptions contained in part 8420.0544 do not apply to
33 replacement completed using wetland banking credits established
34 by a person who submitted a complete wetland banking application
35 to a local government unit by April 1, 1996.
36 STAT AUTH: MS s 14.06; 103B.101; 103B.3355; 103G.2242
37 HIST: 18 SR 274; 22 SR 1877; 25 SR 152; 27 SR 135
38
39 8420.0543 WETLAND REPLACEMENT SITING.
40 A. Siting wetland replacement must follow this
41 priority order:
42 (1) on site or in the same minor watershed as the
43 affected wetland;
44 (2) in the same watershed as the affected
45 wetland;
46 (3) in the same county as the affected wetland;
47 (4) in an adjacent watershed or county to the
48 affected wetland; and
49 (5) statewide, for:
50 (a) wetlands affected in greater than 80
51 percent areas; and
52 (b) public transportation projects, except
•53 that wetlands affected in less than 50 percent areas must be
54 replaced in less than 50 percent areas, and wetlands affected in
55 the seven-county metropolitan area must be replaced in the
56 affected county or, if no restoration opportunities exist in the
57 county, in another seven-county metropolitan area county.
58 B. When reasonable, practicable, and environmentally
59 beneficial replacement opportunities are not available in siting
60 priorities listed in item A, the applicant may seek
61 opportunities at the next level.
62 C. For the purposes of item B, "reasonable,
63 practicable, and environmentally beneficial replacement
64 opportunities" means opportunities that:
42
1 G. The comprehensive wetland protection and •
2 management plan may be developed as part of, or in conjunction
3 with, a local water plan. Except as otherwise provided for in
4 this part, all other requirements relating to development of the
5 plan must be consistent with the local water plan processes
6 under Minnesota Statutes, section 103B.231, 103B.311, or
7 103D.401.
8 Subp. 4. Effective date and amendments.
9 A. The plan becomes effective as provided in subpart
10 3 and after adoption of the plan into the official controls of
11 the local government unit.
12 B. All amendments to the adopted plan and ordinance
13 must be approved by the board.
14 C. After the effective date of the plan, a local
15 government unit shall make replacement, exemption, no-loss, and
16 other determinations consistent with the plan.
17 Subp. 5. Repealed, 27 SR 135
18 . Subp. 6. Repealed, 27 SR 135
19 Subp. 7. Local program capacity requirements. Any local
20 government unit opting to pursue incorporating this chapter into
21 local ordinance must provide documentation to the board
22 demonstrating local capacity to implement the program consistent
23 with requirements prescribed in part 8420.0200, subpart 2, item
24 A.
25 Subp. 8. Reporting and oversight. An annual' activity
26 report must be provided to the board which documents compliance
27 with plan standards as required in subpart 2. The annual report
28 shall include such items as the number and type of permits and
29 exemptions issued, including documentation of the area of
30 wetlands impacted and replaced, complaints received, plan and
31 ordinance violations including number of cease and desist
32 orders, projects constructed, variances granted, and local
33 appeal proceedings.
34 STAT AUTH: MS s 103B.101; 103B.3355; 103G.2242
35 HISTi 22 SR 1877; 25 SR 152; 27 SR 135
36
37 STANDARDS AND CRITERIA FOR STATE WETLAND BANKING
38
39 . 8420.0700 PURPOSE.
40 L The purpose of parts 8420.0700 to 8420.0760 is to provide
41 standards for the establishment and administration of a state
42 wetland banking system as authorized by Minnesota Statutes,
43 section 103G.2242.
44 STAT AUTH: MS s 14.06; 103B.101; 103B.3355
45 HIST: 18 SR 274
46
47 8420.0710 Repealed, 22 SR 1877
48
49 8420.0720 PRINCIPLES OF WETLAND BANKING.
50 . Subpart 1. Goal. Implementation of a wetland banking
51 system must comply with the purposes and goals of the act by
52 achieving a no-net loss in the quantity, quality, and biological
53 diversity of Minnesota's existing wetlands.
54 Subp. 2. Sequencing prerequisite. The state wetland
55 banking system may only be used for replacement of drained or
56 filled wetlands when the local government unit determines that
57 the applicant has complied with all of the sequencing
58 requirements of part 8420.0520 and that the owner of the account
59 agrees to the withdrawal of wetland banking credits from the
60 account.
61 Subp. 3. Geographic limitations. Wetland banking is
62 allowed for any impact subject to the requirements of part
63 8420.0543 .
58
� s .
•
1 Subp. 4. Eligible wetlands. Only wetland and buffer areas
2 eligible for replacement credit under parts 8420.0540 to
3 8420.0549 are eligible for deposit in the state wetland bank.
4 Subp. S. Ineligible wetlands. Wetlands that are drained
5 or filled under an exemption in part 8420.0122 and subsequently
6 restored are not eligible for deposit in the wetland bank.
7 Modification or conversion of nondegraded naturally occurring
8 wetlands from one type to another are not eligible for
9 enrollment in a statewide wetlands bank.
10 Subp. 6. Account balance. Accounts must maintain a
11 positive balance. A wetland bank account shall specify acreage
12 by wetland type deposited.by the account holder minus subsequent
13 withdrawals.
14 Subp. 7. Wetland banking credit withdrawals and transfers.
15 Wetland banking credits may be withdrawn to provide replacement
16 pursuant to an approved replacement plan or equivalent. Wetland
17 banking credits may also be transferred to another account
18 holder for future use or resale if a conservation and access
19 easement has been recorded as required in subpart 8. Wetland
20 banking credits may be withdrawn from an account or transferred
21 to another account by submittal of such requests on forms
22 provided by the board along with any authorized fees. No sale,
23 withdrawal, or transfer of credits is final until the board
24 approves and debits the account of origin.
25 Subp. 8. Conservation and access easement. No credits may .
26 be deposited in the state wetland bank until a perpetual
27 conservation easement, in a format provided by the board, is
28 granted to and accepted by the state. The easement shall
29 provide for preservation of the banked wetland's functions by
30 the fee owner and wetland banking plan applicant. The wetland
31 banking plan applicant must also provide a title insurance
32 policy that is acceptable to the state naming the state of
33 Minnesota as the insured. If the conservation easement does not
34 abut a public road, the fee owner and wetland banking plan
35 applicant must also grant and record an access easement in favor
36 of the board, the local government unit, and any other state,
37 Local, or federal regulatory authority that has authorized use
38 of credits from the site for mitigation. This. subpart does not
39 apply to state land.
40 Subp. 8a. Reporting of sale of credits. The owner of an
41 account in the state wetland bank must report the sale of
42 credits to the board on withdrawal or transfer forms prescribed
43 by the board and include a copy of the bill of sale. Proposed
44 withdrawals are not complete until at least one regulatory
45 authority has approved the use of the subject credits for a
46 specific purpose. Failure to report credit sales may "result in
47 restrictions on withdrawals until the account is reconciled.
48 Subp. 9. Repealed, 27 SR 135
49 Subp. 10. Marking of boundaries of bank areas. The
50 boundary of bank areas must be clearly marked as prescribed in
51 the conservation and access easement.
52 Subp. 11. Administrative fees. The board and local
53 government units may collect administrative fees for managing
54 wetland banking accounts.
55 Subp. 12. Wetland banking appeals. Appeals of the local
56 government unit banking determinations are taken according to
57 part 8420.0250.
58 STAT AUTH: MS. s 14.06; 103B.101; 103B.3355; 103G.2242
59 HIST: 18 SR 274; 22 SR 1877; 25 SR 152; 27 SR 135
60
61 8420.0730 ADMINISTRATION AND MANAGEMENT AUTHORITY.
• 62 Subpart 1. Establishment. The board shall establish a
63 state wetland bank. The board or the board's assignee is
59
aomk
1 responsible for management of the bank including recording all •
2 bank transactions, maintaining bank records, and ensuring that
3 the operation of the bank complies with parts 8420.0700 to
. 4 8420.0760. The board shall notify all local government units
5 upon establishment of the"bank. Any separate banking system
6 including those established by local governments must comply
7 with parts 8420.0700 to 8420.0760 and must be approved by the
8 board and the commissioner.
9 Subp. 2. Deposit prerequisites. To be deposited into the
10 state wetland bank, a wetland must be certified as eligible for
11 deposit by the local government unit in which it is located,
12 according to part 8420.0740, subpart 1. If a local government
13 unit elects to certify wetlands for deposit in the wetland bank,
14 the local government unit is also responsible for ensuring that
15 the monitoring provisions in part 8420.0750 are fulfilled. A
16 local government unit may decline to certify all wetlands within
17 its jurisdiction or, based on a comprehensive local water or
18 wetland protection and management plan, a local government unit
19 may elect to certify wetlands for deposit into the wetland bank
20 only in selected areas, for example, high priority regions and
21 areas. If the local government unit elects to rejector limit
22 banking, it must do so by rule or ordinance, as applicable. The
23 board may reject or modify an application for deposit if, during
24 its review, any part of the bank application or plan is missing,
25 incorrect, or inconsistent with this chapter.
26 Subp. 3. Repealed, 27 SR 135
27 STAT AUTH: MS s 14.06; 103B.101; 103B.3355; 103G.2242
28, HIST: 18 SR 274; 22 SR 1877; 25 SR 152; 27 SR 135
29
30 8420.0740 PROCEDURES.
31 Subpart I. Deposits and credits.
32 A. Wetland replacement credits approved before July
33 1, 1993, are eligible for deposit into the state wetland banking
34 system if the wetland replacement credit was authorized by a
35 public agency specifically for a wetland bank that has been
36 approved by the commissioner. Also, wetland replacement credits
j 37 that have been deposited in a local government unit bank before
38 July 1, 1993, and after January 1, 1992, are eligible for
39 deposit into the state wetland banking system if the deposit
40 meets all the criteria in parts 8420.0700 to 8420.0760 based on
41 a site inspection and review by the board and the commissioner.
42 B. After July 1, 1993, wetlands restored or created
43 without prior local government unit approval as specified in
44 this part are not eligible for deposit into the wetland bank.
45 C. There is no maximum or minimum wetland acreage
46 eligible for deposit in the wetland bank. Based on the
47 recommendation of the technical evaluation panel, the local
48 government unit must identify the acreage that will receive
49 credit. The acreage must be based on a land survey or
50 comparable method of field measurement of the credit areas
51 recommended for deposit. The person making the measurement must
52 certify in writing as to the method and accuracy of the
53 measurement.
54 D. The initial deposit of wetland banking credits
55 must be done by the fee title owner or easement holder of the
56 wetland bank area.
57 E. Except as provided for in item A, in order to
58 deposit wetland acres into the wetland bank, the wetland banking
59 plan applicant must notify the local government unit in writing,
60 before restoration or creation, that the proposed wetland is
61 specifically designated for deposit into the wetland bank. This
62 notification may be part of the documentation requested in item
63 F. In cases where excess wetland acreage is expected to result •
60
ii a. r r
•
I from a specific replacement plan according to parts 8420.0530 to
2 8420.0550, the owner must indicate on the replacement plan that
3 the excess acreage is to be considered available for wetland
4 banking or lose the opportunity to use the excess credits for
"5 future projects. If the excess credit is less than 1.0 acre, an-
6 account may be established without the need to grant a perpetual
7 conservation easement to the state of Minnesota.
8 F. In cases where a wetland is proposed to be
9 restored or created solely for wetland banking purposes, that
10 is, the wetland is not part of a project-specific wetland
11 replacement plan, the wetland banking plan applicant must submit
12 to the local government unit a bank plan containing the
13 information required in part 8420.0530, items A and D. The bank
14 plan must include design plans that show structural,
15 earthmoving, and vegetative management components. The plan
16 must clearly show existing jurisdictional wetlands and areas
17 proposed to receive credit, and be signed, dated, and consistent
18 with part 8420.0550.
19 A copy of the bank plan shall be mailed to members of the
20 technical evaluation panel, the administrator of the state
21 wetland bank, members of the public .who have requested. a copy,
22 the commissioner of natural resources', the district office of
23 the United States Army Corps of Engineers, and the watershed
24 district or watershed management organization if. there is one. .
25 Based on input from the technical evaluation panel and other
26 comments received; the local government unit must determine the
27 likelihood that the restoration or creation will be successful
28 and approve, modify, or reject the banking plan. The local
29 government unit decision must be made in compliance with
30 Minnesota Statutes, section 15.99, which generally requires a
• 31 decision to be made within 60 days of receipt of a complete
32 application. The local government unit decision must be mailed
33 to the wetland banking plan applicant within ten working days of
34 the decision. A summary of the government unit decision must be
35 mailed within ten working days of the decision to those required
36 to receive notice of the application.
37 G. In cases where a.wetland is to be restored or
38 created by an agency, department, or subdivision of the local
39 government unit for deposit into the wetland bank, the local
40 government unit must prepare the information required in part
41 8420.0530, items A and D, and notice this information according
42 to item F.
43 H. The proposed wetland must be restored or created
44 within two years of approval or the bank plan must be
45 resubmitted for consideration. Upon approval, the wetland
46 banking plan applicant shall restore or create the wetland and
47 notify the local government unit when construction has been
48 completed. The technical evaluation panel shall inspect the
49 site when construction is completed to ensure that construction
50 specifications and the vegetation management plan have been
51 followed. Failure to follow approved construction
52 specifications and the vegetation management plan is sufficient
53 grounds for the local government unit to deny consideration of
54 the wetland for banking.
55 I. Up to 15 percent of the proposed credits are
56 eligible for deposit in the bank immediately after completion of
57 construction and vegetative planting if all of the following
58 subitems apply:
59 (1) For projects that contain elements that
60 include dams, dikes, or other impoundment features, the
61 construction plans were designed, overseen, and certified by a
62 registered professional engineer.
• 63 (2) The technical evaluation panel certifies that
64 the initial planting has been completed in accordance with the
61
1 vegetation management plan. .
2 (3) The provisions of part 8420.0720, subpart 8a,
3 have been complied with.
4 The remaining proposed credits may be eligible for deposit
5 no sooner than six months after construction has been completed
6 and approved for restored wetlands, and no sooner than one year
7 after construction has been completed and approved for created
8 wetlands. The wetland banking plan applicant shall contact the
9 local government unit to request a determination of wetland bank
10 acceptability and approved quantities of wetland banking credits
11 for initial and subsequent deposits. The technical evaluation
12 panel shall ensure that sufficient time has been allowed for the
13 wetland to become established, especially vegetation and
14 hydrology, before making this determination. If the technical
15 evaluation panel has reason to believe that the wetland
16 characteristics may change substantially, the panel must
17 postpone its recommendation to the local government unit until
18 the wetland has stabilized. As part of its initial review and
19 comment on the bank plan, the panel may recommend specific
20 performance standards that are linked to a credit allocation
21 schedule. The wetland banking plan applicant must be advised of
22 any performance standards and credit.allocation schedule
23 recommended by the panel.
24 Based on a site visit, the technical evaluation panel will
25 determine the size and type of wetland as well as topographic
26 setting characteristics and, if applicable, the new wetland
27 credits and public value credits resulting from the to be
28 deposited wetland. The technical evaluation panel.will provide
29 the information to the local government unit.
30 J. The local government unit shall consider the.
31 recommendations of the technical evaluation panel and comments •
32 from those required to receive a copy of the banking plan prior
33 to developing findings. The local government unit shall review
34 and approve wetland banking credits and submit the complete
35 wetland bank application for deposit, wetland bank project
36 application, and plans to the board. If the wetland banking
37 plan applicant chooses not to proceed with the deposit, the
38 wetland banking plan applicant may return the wetland to its
39 preconstruction condition without replacement within five
40 years. At any time within the five-year period, the wetland
41 banking plan applicant may request the board to deposit any or
42 all eligible and approved credits into the bank or may amend the
43 bank plan and resubmit the plan to the local government unit for
44 board certification. After five years, any activity in the
45 wetland is subject to this chapter.
46 K. To be deposited into the bank, the following
47 information concerning the wetland must be submitted to the
48 board by the wetland banking plan applicant or by local
49 government unit in which the wetland is located:
50 (1) name, address, and telephone number of the
51 wetland banking plan applicant;
52 (2) a complete copy of the wetland banking plan
53 application, supporting documents, and a survey of the land area
54 that will be subject to restrictions;
55 (3) a copy of the deed for the property
56 containing the wetland and any easement if the wetland banking
57 plan applicant is not the fee owner;
58 (4) size of the wetland acreage to be deposited,
59 to the 0.1 acre, by wetland type and topographic setting
60 characteristics and, if applicable, the new wetland credits and
61 public value credits; and
62 (5) local government unit certification that the
63 wetland is approved for deposit into the bank.
64 L. The board shall acknowledge the deposit to the •
62
i 1 t
•
1 wetland banking plan applicant and local government unit and
2 officially enter the information in item K into the wetland
3 bank. Information on deposited wetlands shall be available from
4 the board on request according to subpart 2, item D.
5 M. Wetlands deposited into the wetland bank, on which
6 withdrawals have occurred, are subject to replacement for any
7 subsequent drainage or filling.
8 N. Wetlands deposited into the wetland bank are
9 subject to the monitoring provisions in part 8420.0750.
10 Subp. 2. Withdrawals.
11 A. Before consideration of use of the wetland bank,
12 replacement plan applicants must satisfy the requirements of
13 part 8420.0520 or equivalent.
14 B. Credits from the state wetland bank may be used to
15 mitigate wetland losses authorized by local government units or
16 other local, state, and federal regulatory authorities provided
17 the impacted wetland is within the state of Minnesota and the
18 credit withdrawal procedures of this chapter are followed.
19 C. . When using the wetland bank to replace drained or
20 filled wetlands, the replacement must comply with parts
21 8420.0540 to 8420.0549.
22 D. The board, on request, will provide the following
23 information to persons making inquiries concerning available
24 wetland bank deposits with a local government unit jurisdiction,
25 county, or watershed:
26 (1) account holder: name, address, and telephone
27 number;
28 (2) available wetlands: wetland acres by type
29 and topographic setting characteristics, and, if applicable, the
• 30 new wetland credits and public value credits;
31 (3) location: section, township, range, county,
32 and watershed.
33 E. The applicant may contact, negotiate, and purchase
34 the required wetland banking credits from the account holder.
35 When the account holder and applicant come to agreement, the
36 applicant will provide requested information on a wetland
37 banking credit withdrawal form developed by the board, and
38 include the wetland banking credit withdrawal form as part of
39 the wetland replacement plan transmitted to the local government
40 unit. The wetland banking credit withdrawal form will include
41 information indicating the wetland type by acres for withdrawal,
42 location of banked wetland, and the topographic setting
43 characteristics and, if applicable, the new wetland credits and
44 public value credits of the banked wetland. .
45 F. The local government unit must circulate the
46 applicant's wetland replacement plan and the wetland banking
47 credit withdrawal form to identify specific wetland banking
48 credits as the applicable replacement wetland, using the public
49 comment and review process in part 8420.0230 and to the local'
50 government unit whose jurisdiction covers the location of the
51 wetland banking credits. The local government unit must contact
52 the board to verify that replacement credits indicated on the
53 wetland banking credit withdrawal form are available before
54 final approval of wetland bank withdrawals.
55 G. On approval of the applicant's wetland replacement
56 plan using wetland banking credits as wetland replacement, the
57 local government unit shall notify the board to debit the
58 appropriate account by type and amount. The board will complete
59 the accounting transactions and send a notice of wetland banking
60 credit withdrawal to the account holder and the applicant. No
61 sale, withdrawal, transfer, or use of wetland credits is valid
62 until the board debits a wetland bank account. Wetland credits
63 may be only used once.
64 H. The applicant shall not be allowed to begin
63
1 proposed drain or fill activities until the local government
•
2 unit formally approves the wetland replacement plan using the
3 acknowledged wetland banking credits as replacement and the
4 applicant has received notice of withdrawal of the wetland
5 banking credits from the board or local government unit.
6 I. An individual, corporation, local government unit,
7 state or federal agency, or other organization may buy and hold
8 wetland banking credits from account holders in the bank for
9 later use or resale. Transfer of wetland banking credits must
10 be accomplished through use of a board wetland banking credit
11 transfer form, and must be maintained in an account in the state
12 wetland banking system. An account will be established for the
13 individual or organization on presentation to the board of a
14 wetland banking credit transfer form, and evidence that the
15 perpetual conservation easement required by part 8420.0720,
16 subpart 8, has been recorded. The board will notify both
17 account holders on transfer of the wetland banking credits.
18 STAT AUTH: MS s 14.06; 103B.101; 103B.3355; 103G.2242
19 HIST: 18 SR 274; 22 SR 1877; 25 SR 152; 27 SR 135
20
21 8420.0750 AUDITING AND MONITORING.
22 Subpart 1. Annual report and audit.
23 A. The board will develop wetland bank deposit,
24 withdrawal, and credit transfer and withdrawal forms and
25 distribute them to local. government units indicating a desire to
26 certify restored wetland banking credits for deposit in the
27 wetland bank.
28 B. The wetland bank data file maintained by the board
29 will contain at least the following information:
30 (1) wetland acres by type, topographic setting
31 characteristics, restoration or creation date, and bank •
32 acceptance date, fee owner, location by (public land survey
33 coordinates, local government unit, county, and watershed of the
34 banked wetland) ; and
35 (2) previous withdrawals against each banked
36 wetland by impact wetland (wetland acres by type, topographic
37 setting characteristics, and, if applicable, the new wetland
38 credits and public value credits, date of wetland impact) ,
39 ownership (fee owner, address, telephone number) and location
40 (public land survey coordinates, local government unit, county,
41 and watershed of the impacted wetland) .
42 C. The board may periodically inspect wetland bank
43 records and correspondence maintained by a local government unit
44 to determine compliance with this part.
45 D. A wetland bank status report shall be prepared as
46 part of the report required by Minnesota Statutes, section
47 103G.2373, and distributed by the board to applicable local
48 government units, soil and water conservation districts,
49 watershed districts,. watershed management organizations, the
50 departments of natural resources and agriculture, and on request.
51 Subp. 2. Monitoring.
52 A. After the wetland is entered into the bank, the
53 local government unit responsible for monitoring under part
54 8420.0230 and the wetland banking plan applicant shall continue
55 monitoring according to parts 8420.0600 to 8420.0630. A copy of
56 each monitoring report must be submitted to the local government
57 unit and the board.
58 B. The board shall inspect wetlands deposited into
59 the wetland bank at least once each five years to ensure that
60 the wetlands conform to conditions specified in the approved
61 bank plan, and to make a determination of needed corrective
62 action.
63 STAT AUTH: MS s 14.06; 103B.101; 103B.3355; 103G.2242 •
64 HIST: 18 SR 274; 22 SR 1877; 25 SR 152; 27 SR 135
64
' 4
COO*
October 6, 2003
TMI
i Mr. John Harford
Rochester-Olmsted Consolidated Planning Department
t 2122 Campus Drive SE
i Rochester, MN 55904
Re: Kingsbury IV Wetland Replacement at Ridgeview Manor Subdivision
R o c h e s t e r Summary for Ridgeview Manor 2nd and West Park
M i n n e s o t a Revisions to July 2003 Basic Application
MBI4: 1084/2377
Environmental Site Dear Mr. Harford:
Investigations,Management
&Design Under the authorization of Mr. Ward Opitz of BBB Development LLC we are submitting
Asbestos,Lead,.&Other a revised accounting of the wetland replacement work that has been completed, is
Hazardous Materials underway or is proposed for Ridgeview Manor where wetland credits have been used for
Wetland Delineation Ridgeview 2nd and West Park subdivisions and are proposed to be used for Kingsbury IV.
&Permitting This supplements the Kingsbury Hills IV Basic Application and the Ridgeview/West Park
Indoor Air Quality monitoring reports submitted in July 2003. Please disregard the earlier accounting for
Geological Hazards wetland credits'at Ridgeview. Please note that a supplement to the Kingsbury 4 th
UST&Spills sequencing analysis is attached making the Kingsbury 4d'wetland application complete.
Environmen We have accounted for the total New Wetland Credits and Public Value Credits at
Assessment Worksh t Ridgeview and total all of the projects that account for the credits. At this time we are not
&Impact StatemLo7n
adding credits for the proposed.Stormwater Treatment Basins but we intend to submit a
VW(VoluntaryInvestigseparate wetland banking application under separate cover.
&Clean
Ridgeview Manor Grading Plan Wetland Credits:
The attached grading plan showing Phase III of Ridgeview Manor is annotated with the
total NWC and PVC credits eligible for area"AA" on the east and area`BB" on the west.
The table below summarizes the digitized measurements of the wetland creation areas.
Ctedl�s�.f4= �ublic��alne4t;�tedi��k£� ��T.nta1�C-Yredi s s' _�"�
d..,Y«�-..•„'B ii3:n.,`.o�.`�.. ��s...., '.�tTT�t^2,:w..�,.��.i.n...�:47nT:C'+�x+i...�r;...Yw_�c.�'":-`t�' .-iz.�Y� .nui7.a:.^�._`Ur:4 a.�`^i. A+._.+`E$'�.r3.�.�v�S��. _G...
36,962 14,416 51,378
"BB" 71,969 34,173 106,142
TOTAL 108,931 48,589 157,520
The May 2002 Basic Application for Wetland Replacement Area and the Wetland
1648 Third Avenue S.E. Banking forms used to keep track of the sequence of project specific mitigation
Rochester, MN 55904 defined two wetland replacement areas with a total of 149,864 s.f. (3.56 ac)including
Tel. 507.289.3919 124,664 s.f.NWC and.25,200 s.f.PVC.
Fax. 507.289.7333
e-mail. mcghiebetts.com
Revisions to July 2003 Basic Application Page 2
MBIY: 1084/2377
With the completed monitoring and the new grading plan the new 2003 total for available credits for
0
the project is 157,520 s.f. .(3.62-ac) including 108,931 so. (2.5 ac)NWC and 48,589 so. (1.12 ac) of
PVC an increase of 7,656 so including 15,733 so. less NWC and 23,389 so. more PVC.
Summary of 2002 Wetland Credit Withdrawals
In 2002 two projects were approved to use a total of 87,820 s.f. of replacement areas wetlands at
Ridgeview Manor including 56,119 s.f. of NWC and all of the available 31,701 s.f. of PVC credits.
• Ridgeview Manor 2nd utilized 80,820 s.f. (52,619 s.f.NWC+28 201 s.f..PVC
West Park utilized 7,000 s.f. (3500 s.f.NWC+3500 s.f.. PVC)
After the accounting for the 2002 replacement credits Ridgeview Manor has 52,812 s.f. of NWC and.
16,888 sI of PVC credits totaling 69,700 s.f, of total wetland replacement opportunity.
2003 Proposed Use of Ridgeview Wetland Credits for Kingsbury 4th
• The July,2003 Basic Applicatidn for Kingsbury 4th project specific wetland replacement for
an unavidable wetland impact of 26 136 s.f. 0.60 ac
P requiring a 2:
( ) q g 1 replacement that will
require 52,272 s.f. (1.2 ac) of wetland credits including 35,384 s.f. of NWC and 16,888 s.f..
,I
of PVC credits.
Wetland Credits Available after Ridgeview Manor,West Park and Kingsbury 4"'
Based on the final accounting of the credits available at Ridgeview Manor and pending
final approval
of the Kingsbury 4t'replacement plan Ridgeview Manor will have 17,428 s.f.NC and no PVC
credits if future monitoring shows that all the replacement areas and buffers have successfully been
established.
We have attached the original and three copies. Please distribute the copies to the TEP members and
the Corps of Engineers. Thank you.
Sincerely,
McGhie &Betts Environmental Services,Inc.
J•
Jef&e L'Brob rg;LPG,REM
Minnesota Licensed Professional Geologist 30019
Registered Environmental Manager#3009
JSB/jk
Pc: Ward Opitz-Bigelow and Sons Enterprises.
Encl: Ridgeview Manor Wetland Exhibit With Wetland Replacement Areas Defined and Measured
Amended Project Alternatives for Kingsbury Hills 4th
� 1
• 1 restoration, then the priority order for sequencing in subpart 1
2 is not required. A wetland drained or filled under this
3 provision must not be converted to nonagricultural land for ten
4 years. The landowner must execute and record a notice of this
5 requirement in the office of the county recorder for the county
6 in which the property is located.
7 Subp. 9. Calcareous fens. Calcareous fens, as identified
8 by the commissioner, may not be filled, drained, or otherwise
9 degraded, wholly or partially, by any action, unless the
10 commissioner, under an approved management plan, decides some
11 alteration is necessary, as provided in part 8420.1010.
12 STAT AUTH: MS s 14.06; 103B.101; 103B.3355; 103G.2242.
13 HIST: 18 SR 274; 22 SR 1877; 25 SR 152; 27 SR 135
14
15 8420.0530 REPLACEMENT PLAN COMPONENTS.
16 On an application form approved by the board in
17 consultation with the commissioner of natural resources,
18 provided through the local government unit, and with required
19 attachments supplied by the applicant, the following
20 documentation must be provided, except that for replacement
21 plans utilizing the wetland bank in parts 8420.0700 to,
22 8420.0760, items B, subitem (1) ; and D, do not apply; instead
23 the applicant shall submit the wetland banking credit withdrawal
24 form prescribed in part 8420.0740, subpart 2, item E:
25 A. generally, organizational information, including
26 but not limited to the following:
27 (1) the post office address of the applicant;
28 (2) for corporations, the principal officers of
29 the corporation, any parent companies, owners, partners, and
30 joint venturers, and a designated contact person;
• 31 (3) managing agents, subsidiaries, or consultants
32 that are or may be involved with the wetland draining or filling
33 project;
34 B. either:
35 (1) a signed statement confirming that the
36 wetland acres and values will be replaced before or concurrent
37 with the actual draining or filling of a wetland; or
38 (2) an irrevocable bank letter of credit, a
39 performance bond, or other security acceptable to the local
40 government unit in an amount sufficient to guarantee the
o42 successful completion of the wetland replacement;
C. for the impacted wetland:
(1) a recent aerial photograph or accurate map of
44 the impacted wetland area;
45 (2) the location of the wetland;
46 (3) the size of the wetland;
47 (4) the type of the wetland;.
48 (5) a list of the dominant vegetation in the
49 impacted wetland area, if known;
50 (6) a soils map of the site showing soil type and
51 substrate, where available;
52 (7) the locations of any surface inlets or
53 outlets, natural or otherwise, draining into or out of the
54 wetlands, and if the wetland is within the shoreland wetland
55 protection zone or floodplain of a stream, river, or other
56 watercourse, the distance and direction to the watercourse;
57 (8) the nature of the proposed project, its areal
58 extent, and the impact on the wetland must be described in
59 sufficient detail to allow the local government unit to.
60 determine the amount and types of wetland to be impacted and to
61 demonstrate compliance with the replacement. sequencing criteria
62 in part 8420.0520, if applicable;
• 63 (9) evidence of ownership or property rights to
64 the affected areas; and
37
1 (10) a list of all other local, state, and •
2 federal permits and approvals required for the activity, if
3 known;
4 D. for the replacement wetland, item C, subit ems (1)
5 to (7) , .(9) , and (10) , and:
6 (1) •an explanation of the size and type of
7 wetland that will result from successful completion of the
8 replacement plan;
9 (2) scale drawings showing plan and profile views
10 of the replacement wetland;
11 (3) how the replacement wetland shall be
12 constructed, for example, excavation or restoration by blocking
13 an existing tile; the type, size, and specifications of outlet
14 structures; elevations, relative to Mean Sea Level or
15 established bench mark, of key features, for example, sill,
16 emergency overflow, and structure height; and best management
17 practices that will be implemented to prevent erosion or site
18 degradation;
19 (4) for created wetlands only, additional soils
20 information sufficient to determine the capability of the site
21 to produce and maintain wetland characteristics;
22 (5) a timetable that clearly states how and when
23 implementation of the replacement plan shall proceed, and when
24 construction of the replacement wetland shall be finalized;
25 (6) a notice in a form provided by the board
26 attached to and recorded with the deed for lands containing a
27 replacement wetland, specifying the following:
28 (a) the location of the replacement wetland;
29 (b) that the wetland is subject to the act;
30 (c) that the fee title owner is responsible
31 for the costs of .repairs or reconstruction and management, if •
32 necessary, or for replacement costs;
33 (d) that reasonable access to the
34 replacement wetland shall be granted to the proper authorities
35 for inspection, monitoring, and enforcement purposes.;
36 (e) that costs of title review and document
37 recording is the responsibility of the fee title owner; and
38 (f) that the local government unit or board
39 can require necessary repairs or reconstruction and revegetation
40 work to return the wetland to the specifications of the approved
41 replacement plan and require reimbursement of reasonable costs
42 from the wetland owner, or can require replacement of the
43 wetland according to the act;
44 (7) an affidavit that the replacement wetland was
45 not previously restored or created under a prior approved
46 replacement plan;
47 (8) a statement that the replacement wetland was
48 not drained or filled under an exemption during the previous ten
49 years;
50 (9) a statement that the replacement wetland was
51 not restored with financial assistance from public conservation
52 programs, or was not restored for other unrelated regulatory
53 purposes;
54 (10) a statement that the replacement wetland was
55 not restored using private funds other than those of the
56 landowner unless the funds are paid back with interest to the
57 individual or organization that funded the restoration and the
58 individual or organization notifies the local government unit in
59 writing that the restored wetland may be considered for
60 replacement;
61 (11) a statement by the applicant that monitoring
62 will occur in accordance with parts 8420.0610 and 8420.0620
63 unless the local government unit will be conducting the •
64 monitoring of the wetland replacement area;
38
s
too
1 (12) evidence that a person proposing to create
2 or restore a wetland within the easement of a pipeline as
3 defined in Minnesota Statutes, section 299J.02, subdivision 11,
4 has first notified the easement holder and the director of the
5 Office of Pipeline Safety in writing. The person may not create
6 or restore the wetland if, within 90 days after receiving the
7 required notice, the easement holder or the director of the
8 Office of Pipeline Safety provides to the person a written
9 notice of objection that includes the reasons for the objection;
10 (13) evidence that any drainage or property
11 rights potentially detrimental to the replacement wetland have
12 been acquired, subordinated, or otherwise eliminated; and
13 (14) a five-year vegetation establishment and
14 management plan, including seeding rates, planting methods, seed
15 and plant mixes, herbicide treatments, and control of noxious
16 weeds and invasive or. nonnative species;
17 E. other information considered necessary for
18 evaluation of the project by the local government unit; and
19 F. information known to the applicant or readily
20 available concerning the special considerations criteria in part
21 8420.0540, subpart 9. .
22 STAT AUTH: MS s 14.06; 103B.101; 103B.3355; 103G.2242
23 HIST: 18 SR 274; 22 SR 1877; 25 SR 152; 27 SR 135
24
25 8420.0540 REPLACEMENT PLAN EVALUATION CRITERIA.
26 Subpart 1. Sequencing. Before consideration or approval
27 of a replacement plan, the local government unit must ensure
28 that the applicant has exhausted all possibilities to avoid and
29 minimize adverse wetland impacts according to sequencing in part
30 8420.0520.
• 31 The applicant must demonstrate to the local government unit
32 that the replacement plan complies with this part and part
33 8420.0550.
34 Subp. 2. Type of replacement.
35 A. The preference for the method of replacement is
36 that which is most likely to result in a wetland area that
37 functions wholly, perpetually, and naturally. Wetland
38 restoration is generally preferred over creation and restoration
39 of completely impacted.wetlands is generally preferred over
40 other methods of replacement.
41 B. Modification or conversion of nondegraded wetlands
42 from one wetland type to another by damming, diking, impounding,
43 or excavating does not constitute replacement credit.
44 C. Wetlands drained or filled under an exemption may
45 not be restored for replacement credit for ten years after
46 draining or filling.
47 D. Renumbered, 8420.0541, subps 1,6,7
48 E. Repealed by amendment, 27 SR 135
49 Subp. 3. Renumbered 8420.0542
50 Subp. 4. Renumbered 8420.0543
51 Subp. 5. Renumbered 8420.0544
52 Subp. 5a. Renumbered 8420.0545
53 Subp. 6. Renumbered 8420.0546
54 Subp. 7. Renumbered 8420.0547, subpart 1
55 Subp. 8. Renumbered 8420.0547, subp 2
56 Subp. 9. Renumbered 8420.0548, subps 1 to 10
57 Subp. 10. Renumbered 8420.0549, subps 1 to 8
58 STAT AUTH: MS s 14.06; 103B.101; 103B.3355; 103G.2242
59 HIST: 18 SR 274; 22 SR 1877; 25 SR 152; 27 SR 135
60
61 8420.0541 ACTIONS ELIGIBLE FOR CREDIT.
• 62 Subpart 1. Scope. The actions in this part are eligible
63 for replacement credit or wetland banking credit as determined
39
March 24, 2005
M; a
vt c -
i Mr. John Harford
Rochester Olmsted Consolidated Planning Department
2122 Campus Drive SE
Rochester, MN 55904
Rochester
Re: Additional Information Requested
Minnesota Kingsbury Hills 7`h Subdivision Wetland Sequencing and Replacement
Plan
MBESI#: Y10841Y5043
Environmental Site
Investigations,Management
&Design Dear Mr. Harford:
Asbestos,Lead,&Other
Hazardous Materials
Wetland Delineation In accordance with the authorization by Mr. Tony Bigelow of Bigelow and Sons
&Pemutting Enterprises, owners of the "Kingsbury Hills 7`h Subdivision",we are responding
Indoor Air Quality to your request for additional information on the Kingsbury Hills 7th Subdivision
wetland sequencing and replacement plan. The following items address were •
Geological Hazards requested in the March 16, 2005 TEP Panel meeting:
UST&Spills
Environmental 1). During the TEP Panel meeting on March 16,2005 total impact of the
Assessment Worksheet existing wetland was agreed upon as the final outcome for the existing .
&Impact statements wetland due to an incised nonvegetated drainage channel remaining from
VIC(Voluntary Investigation the proposed minimization sequencing alternative. The revised wetland
&Clean Up) impact would be 5,905 Sq.Ft. (0.136 Acres). Total wetland replacement
would be at a 2:1 ration, which would require 11,810 Sq.Ft. (0.272
Acres) of wetland replacement. See Appendix A for revised basic
wetland application.
Ridgeview Manor Subdivision has 17,428 Sq.Ft. of new wetland credit
available for wetland replacement as designated in 2003. We are seeking
direct wetland replacement of within cell BB-02 of Ridgeview Manor
Subdivision for the required 11,810 Sq.Ft of wetland replacement from
Kingsbury 7th Subdivision (See Figure 3).
Timing of Replacement: Minnesota Rules 8420.0542 Timing of
replacement require that wetland functions and values be completed
"before or concurrent with the actual draining, excavation, or filling of a
wetland..." and goes on to state that"All wetlands to be restored or
created for replacement must be designated for replacement before .
1648 Third Avenue S.E. restoration or creation." The TEP conclusion that the Ridgeview Manor
Rochester,MN 55904 wetland replacement in wetland cell BB-02 was constructed"without a
Tel.507.289.3919 specific direct replacement proposal having been reviewed by the TEP."
Fax. 507.289.7333 is immaterial to the discussion. The rules require that the replacement
e-mail. mcghiebetts.com
Established 1991
• area be designated, which was done in 2003. The rules do not require that the impact
areas be designated as the TEP claims. We believe that the Ridgeview Manor ponds can,
and should, be used as requested for the Kingsbury 7th wetland impact.
In 2003 when the Ridgeview Manor wetland creation cell BB-02 was proposed we discussed
the desire to retain the excess credits with Mr. Harford, the Rochester Wetland Coordinator.
We were faced with three options:
1) Do not create the excess credits until the owner had the need for direct replacement
credits creating the need for future disturbance,piecemeal construction and less
effective hydrology and stormwater management.
2) Enroll the excess credits in the BWSR wetland bank in accordance with MR
8420.700-8420.0760 which did not make sense because the credits are only intended
fro Bigelow projects, not available for sale to third parties, and would not require the
bureaucracy or fees required for State Wetland Banking.
3) Designate the pond BB-03 replacement before the creation in accordance with
8420.0542 and complete all of the grading and seeding plus conduct all necessary
monitoring to assure that the credits were valid when needed for future Bigelow
proj ects.
Jeff Broberg and John Harford reached an agreement that Option 3 was the most appropriate and
that the best way to "designate"the creation was to file a"Wetland Banking" form with the
Rochester LGU and to file a"Replacement Plan" application when the excess wetland credits
• were to be used for a direct replacement. This is the process that was followed and it has been .
our expectation that the City of Rochester would both honor the agreement and comply with the
rules as written in 8420.0542.
Based on both the rules and the agreed upon process the TEP must now review the Kingsbury 7th
Wetland Replacement Plan proposal. As a bonus the TEP can now review the replacement
proposal with the assurance that the designation of wetland creation cell BB-02 was made before
the creation as required in 8420.0542, and, the TEP can also be assured that the wetland creation
has been successful.
The TEP raised two other issues related to the disclosed intent to u_se the Ridgeview Manor
credits for Kingsbury 4th and the fear that if the Ridgeview Manor wetland credits were approved
for this application it could set a precedent that would allow others with existing ponds to claim
wetland credits. Both of these items deserve comment.
A) In 2003, at the time the Ridgeview Manor wetland replacement area was
designed and the designation was made to reserve the excess wetland credits for
future use the only Bigelow project that was projected to have wetland impacts
was Kingsbury 4th. At that time the total wetland impact for the 4th was
undefined due to the fact that City Public Works was requiring the dedication of
Right of Way in the area we had proposed for wetland creation. We disclosed
the intention to use BB-02 credits for Kingsbury 4th if excess credits were
needed. This disclosure was never implied or intended to exclude the use of any
excess BB-02 wetland credits for any other Bigelow direct replacement project.
The TEP claim that we cannot use BB-02 credits for the disclosed intent on any
Bigelow project runs contrary to the requirements in 8420.0542 that are silent
t
r
on the need to disclose the impact site at the time of the original application. •
We believe that the TEP has clearly misinterpreted the law and the BB-02
credits should be available for any Bigelow projects as per the original
understanding and agreement.
B) There is no adverse precedent for others to claim wetland credits for completed
projects if this application is approved. The City or other parties clearly cannot
claim credit for wetland restoration credit on existing stormwater ponds and
created/restored wetlands unless the intent to claim the credit was "designated
for replacement before restoration or creation"as is clearly stated in 8420.0525.
Bigelow designated the Ridgeview Manor excess credits before the physical
work to accomplish the creation was commenced and unless others made the
required designation there is no risk as alleged by members of the TEP.
2). Additional information was requested by Dave Studenski from the Corps of Engineers to
define the project boundaries. A corrected project boundary map that includes the entire
phase 7 of Kingsbury Hills Subdivision. The total project.area should include grading
limits upgradient of the wetland.
A) Included in Figure 1 is the corrected project boundary map for phase 7 of Kingsbury
Hills Subdivision. The boundary map includes all constriction limits upgradient to
the existing wetland.
3). Additional information was requested by Dave Studenski from the Corps of Engineers for •
sequencing of Kingsbury Hills 7th Subdivision. An expanded description of the wetland
avoidance option that mentions grading requirements, city requirements, stormwater
design, city road design standards, existing topography, existing in-place road system and
impact of grading on the existing the lines that provide the hydrology to the existing
wetland. The following information was requested by Dave Studenski:
A) The avoidance alternative would be to develop only the upland portions of site by
avoiding the existing wetlands, placing fill in the unregulated uplands up to the
edge of the wetlands. The engineered fill would be brought to within a few feet of
the wetland boundary and planted with stabilizing vegetation, to maximize the
development potential. The fill would slope to the wetland and generate runoff that
is more rapid than what currently exists (See Figure 2).
A large outlot would be required within the drainageway as part of the avoidance
alternative. Outlot A would encompass the existing wetland and the existing tile
drainage system that provides the major source of hydrology to the wetland.
Grading, stormsewer, watermain and utility impacts to outlot A would result in
impact to the existing the system,which would result in impact to the hydrology of
the existing wetland (See Figure 3).
The avoidance alternative does not address stormwater drainage impact on the •
existing low diversity degraded wetland. Grading of the upland areas to allow for
drainage of surface and subsurface water to the south of the site would require a
McGhie P BettS Fnvirnnmentn1 ,SP.NICP.S. Tnn.
• stormwater sewer system to connect with the existing system south of the site. The
stormsewer system would capture up gradient surface water that would impact
hydrology to the existing wetland.
Avoiding any wetland impact would leave an inefficient and unsafe road pattern for
local and collector streets. The avoidance alternative would allow only one through
road Castle View Drive north of Outlot A as the main access between west and east
portions of Kingsbury 7th Subdivision. Cul-de-sacs would be required limiting road
connectivity between local streets due to grading impacts within outlot A.
Emergency access would be limited to Castle View Drive as the main access to
local streets in the west portion of Kingsbury 7th Subdivision.
The avoidance alternative would under utilize land resources, impede use of
unregulated uplands and require variances for frontages on lots located at cul-de-
sacs due to avoidance of impact of outlot A.
This alternative was rejected because of the need for emergency access,road
conductivity, site.accessibility, stormsewer and utility requirements and City of
Rochester safety standards (See Figure 2).
We want to thank you for your cooperation and assistance and appreciate any suggestions that
you might have regarding this project. If you have any questions, feel please contact us at
(507) 289-3919.
t l f
Sincerely, •
McGhie &Betts Environmental Services, Inc.
f
1
i
effre S. rob rg; LPG, REM
Minnesota Licensed Professional Geo _30019
Registered Environmental Manager 43.009
�tu�keW. Lunde
Soil Scientist/Wetland Specialist
Pc: Dave Studenski—Corps of Engineers
Mary Kells-Board of Soil and Water Resources
Floyd Whitaker—Soil and Water Conservation District
Tony Bigelow—Bigelow and Sons Enterprises
John Wellner—City of Rochester Public Works Department
Encl: Figure 1 —Revised Kingsbury 7th Project,Boundary Map
Figure 2—Revised Kingsbury 7th Avoidance Alternative
Figure 3 —Revised Direct Wetland Replacement Map within Ridgeview Manor Subdivision
Appendix A—Review Basic Wetland Application
III
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Appendix A
Revised Basic Wetland Application
NA-026620-03B (V.2.01 for NIS WORD)02/14/03
Minnesota Local/State/Federal Application Form for Water/Wetland Projects
For Internal Use Only
[:A;Iication No. Field Office Code Date Initial Application Received . Date initial Application Deemed Complete
PART I: BASIC APPLICATION
"See HELP"directs you to important additional information and assistance in Instructions,Page 1.
1. LANDOWNER/APPLICANT CONTACT INFORMATION(See Help I)
Name: Kingsbury 7t"Subdivision-Tony Bigelow Phone: 507-775-2280
Complete mailing address: 706 County Road 3 NW, Byron MN 55920
IA. AUTHORIZED AGENT(See Help 1A) (Only if applicable;an agent is not required)
Name: McGhie and Betts Inc.-Jeff Broberg Phone: 507-289-3919
Complete mailing address: 1648 3Ave SE, Rochester MN 55904
2. NAME,TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED(Attach Additional Project Area sheets if needed)
Name or I.D.#of Waters Impacted(if applicable;if known): N/A
(Check all that apply): ❑Lake []River []Wetland type❑ 1 ❑ 1L ®2 ❑3 ❑4 ❑5 ❑6 ❑7 ❑ 8
Indicate size of entire lake or wetland(check one): ® Less than 10 acres(indicate size:0.14) ❑10 to 40 acres ❑Greater than 40 acres
3. PROJECT LOCATION (Information can be found on property tax statement,property title_or title insurance):
Project street address: Fire#: City(if applicable): Rochester
1A Section:W 1/2 Section: 18 Township#: 107 Range#: 14 County:Olmsted
Lot#: Block: Subdivision: Watershed(name or#)41
Attach a simple site locator map. If needed,include on the map written directions to the site from a known location or landmark,and
provide distances from known locations. Label the sheet SITE LOCATOR MAP.
4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OFPROJECT sheet if needed. •
See Attached Report
5. PROJECT PURPOSE,DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed,how you plan to
construct the project with dimensions(length,width,depth),area of impact,and when you propose to construct the project. This is the
most important part of your application. See HELP 5 before completing this section;see What To Include on Plans(Instructions,
page 1). Attach PROJECT DESCRIPTION sheet.
See Attached Report
Footprint of project: 0.136 acres or 5,905 square feet drained,filled or excavated.
6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts
to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands(one of which may be"no
build"or"do nothing"),and explain why you chose to pursue the option described in this application over these alternatives. Attach
PROJECT ALTERNATIVES sheet if needed.
See Attached Addendum and Wetland Sequencing and Replacement Plan
7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands,list the complete
mailing addresses of adjacent property owners on an attached separate sheet. (See HELP 7)
8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? ❑Yes ®No. If
yes,describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8)
9. STATUS OF OTHER APPROVALS: List any other permits,reviews or approvals related to this proposed project that are either pending or
have already been approved or denied on a separate attached sheet. See HELP 9.
10. I am applying for state and local authorization to conduct the work described in this application. I am familiar with the information
contained in this application. To the best of my knowledge and belief,all information in Part I is true,complete,and accurate. I possess
the authority to undertake the work described,or I am acting as the duly authorized agent of the applicant.
32yOS
Signature of applicant(Landowner) Date Signa u e of a ent(if applicable) Date •
This block must be signed by the person who desires to undertake the proposed activity and has the necessary property nge is to do so. If only the Agent has signed,
please attach a separate sheet signed by the landowner,giving necessary authorization to the Agent.
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
� �.. Page 1
tl M War•^.a
}
APPLICATION FOR DEPARTMENT OF'1 r1E ARMY PERMIT(33 CFR 325) OMB APPRV VAL NO.0710-003 Expires Dec 31,2004
The public burden for this collection of infor ation is estimated to average 10 hours per response,although the majority of applications should require 5 hours or less. This includes
the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send
• comments regarding this burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to Department of Defense,Washington
Headquarters Service Directorate of Information Operations and Reports,1215 Jefferson Davis Highway,Suite 1204,Arlington,VA 222024302;and to the Office of Management
and Budget,Paperwork Reduction Project(0710-0003),Washington,DC 20503. Respondents should be aware that notwithstanding any other provision of law,no person shall be
subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to
either of these addresses. Completed applications must be submitted to the District engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT:Authorities:Riven and Harbors Act,Section 10,33 USC 403;Clean Water Act,Section 404,33 USC 1344;Marine Protection,Research and
Sanctuaries Act,33 USC 1413,Section 103. Principal purpose:Information provided on this form will be used in evaluating the application for a permit Routine uses:This
information may be shared with the Department of Justice and other Federal,state,and local government agencies. Submission of requested information is voluntary;however,if
information is not provided.the permit application cannot be evaluated nor can a permit be issued.
ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS
1.APPLICATION NO. 2.FIELD OFFICE CODE 3.DATE RECEIVED 4.DATE APPLICATION COMPLETED
YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS.
All applicants must complete non-shaded items 5 and 26. If an agent is used,also complete items 8 and 11. This optional Federal form is valid
for use only when included as part of this entire state application packet.
5.APPLICANT'S NAME S.AUTHORIZED AGENT'S NAME AND TITLE(an agent is not required)
Tony Bigelow Jeff Broberg
6?APPLICANT S ADDRESS 9 AGENT'S ADDRESS
r 4
7:APPLICANT S PHONE NO 10 AGENT'S PHONE NO
11.STATEMENT OF AUTHORIZATION(if applicable;complete only if authorizing an agent)
I hereby authorize Mcghie and Betts Inc.-Jeff Broberg to act on my behalf as my agent in the processing of this application and
to furnish,upon request,supplemental information in support of this permit application.
APPLICANT'S SIGNATURE: DATE:
• ee,12 PROJECT NAME bR TITLE(s instructions) t r yk Y . ' {d f �
13;NAME OF WATERBODY IFKNOWN(if applicable) I4 PROJECT STREET ADDRESS(tf apphcable)s r
_ r
-
Y s• �' -A r f
16°OTHER:t,QCATION DESCRII'TIOIVS IF KNOWN(see mstrtictions) :' = X _ ,� '� `'
y17 DIREC fION5 TO THE SITE 18 NATURE OF ACT IVITY j
r
t
t � �
19-PROJECT.PURPOSE u r 20 mREASON(S)FOR:DISCHARGE+
21`TYPES OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN+CUBIC S'ARDS •.: ;
22,SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS'•FILLED :-
-."
a r h 1
23.IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES m NO. TF YES DESCRIBE COMPLETED WORK
24,ADDRESSES OF ADJOINING PROPERTY.OWNERS,
-•25.LIST OF OTHER.CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL,STATE OR LOCAL AGENCIES FOR.
WORK DESCRIBED.;IN THIS APPLICATION.:.,;
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the applicant.
J4actity
Signature of applicant PP Date f a ent(if any) Da e
The application must be signed by the person who desires to undertake the proposedpplicant),or it may be signed duly authorized agent if
the statement in Block 11 has been filled out and signed. 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 with any trick,scheme,or disguises 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 or fraudulent statements or entry,shall be fined not more than$10,000 or imprisoned not more than five years or both.
ENG FORM 4345,Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent:CECW-OR)
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 2
PART II: REPLACEMENT PLAN SUPPLEMENT
For assistance in completing Part 11,contact your Local Government Unit or a professional consultant
11. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: 1)Use one row of boxes for each wetland impact;2)If your project has more •
than one wetland impact,reference your overhead view(part of Section 5)to this chart by identifying and labeling"first impact"and"second impact"on
your overhead view;3)If you are identifying only one wetland type within a given wetland impact area,use the first dotted line and leave the others blank;
4)If you have chosen to identify more than one wetland type within a given wetland impact area,use the extra dotted lines to indicate each wetland type,and
identify predominant vegetation and size of impacted area for each separate wetland type within that impact area;5)If you do not have access to some of
this information,call your LGU or S WCD office for assistance. (Photocopy chart for more impacts,if needed.)
DESCRIPTION OF WETLAND IMPACTS
Wetland Watershed County, Wetland type' Predominant Size of area Existing land use in project
impact(as name or Section, vegetation in impacted area (check all that apply)
noted on number(if Township, impacted (in acres or
overhead known) Range wetland area square
view) feet)
41 Sec. 18 2 Reed Canary 5,905 Sq.Ft. ❑ Housing
First T107N Boxelder El Commercial
R14W ------------------- ----------------- ❑ Industrial
impact
❑ Parks/recreation areas
❑ Highways and
------------------- ------------------ --------------- associated rights-of-way
❑ Forested
® Farmsteads/agricultural
❑Vacant lands
❑Public and semi-public
(schools/gov't facilities)
❑Airports
impact
Second ------------------- ---------------- p
-- ---- - -- -
'-- ❑ Extractive (gravel
pits/quarries)
❑ Other:
------------------------------------------------------
'If you are identifying only one wetland type within a given wetland impact area,use the first dotted line and leave the others blank. If you have chosen to identify more
than one wetland type within a given wetland impact area,use the extra dotted lines to indicate each separate wetland type,and identify predominant vegetation and size
of impacted area for each separate wetland type with that impact area.
TOTALS OF AREA(S)IMPACTED FOR EACH WETLAND TYPE ON CHART(indicate acres(]or square feet®)
Type: 1: 1L: 2:5,905 3: 4: 5: 6: 7: 8: R:
12. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply to either the impact site(s)or the replacement site(s)7 ❑Yes ®No
(Examples:the presence of endangered species,special fish and wildlife resources,sensitive surface waters,or waste disposal site.) If YES,list and describe briefly.
N/A
13. SHORELAND IMPACT ZONE: Please identify each wetland impact site noted in Section 15 that is within 1000 feet of a lake or 300 feet of a river.
NIA
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 3
14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be accomplished(check only one box below
. and continue as indicated):
❑A. Wetland banking only
Complete Application for Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LGU,or
download a copy from www.bwsr.state.mn.us
Skip to Section 19,page 6(You do not need to complete Sections 15-18).
®B. Project-specific replacement only
Continue with Section 15 below.
❑C. A Combination of wetland banking and project-specific replacement
Complete Application for Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LGU,or
download a copy from www.bwsr.state.mn.us
Continue with Section 15 below.
15. DESCRIPTION OF REPLACEMENT WETLANDS)CONSTRUCTION(Complete this section only if you marked Box B or Box C in Section
14 above):
Describe in detail how replacement wetland(s)will be constructed. If several methods will be used,describe each method. Details should include the
following:1)type of construction(such as excavated in upland,restored by tile break,restored by ditch block or revegetated);2)type,size and
specifications of outlet structures;3)elevations relative to Mean Sea Level or established benchmarks or key features(such as sill,emergency overflow or
structure height);4)what best management practices will be implemented to prevent erosions or site degradation;5)proposed timetable for starting and
ending the project;and 6)a vegetation management plan. Write this description on a separate sheet of paper labeled DESCRIPTION OFREPLA CEMENT
WETLAND CONSTRUCTION.
See Attached Addendum and Wetland Sequencing and Replacement Plan
16. SURPLUS WETLAND CREDITS: If using project-specific replacement(Box B or Box C in Section 14 above),will the replacement result in any
surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? ❑Yes ®No. If yes,submit a Wetland Banking
Application directly to your LGU. Copies are available from your LGU,or download a copy from www.bwsr.state.mn.us
17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below:1)Use one row of boxes for each wetland replacement site;2)If
your project has more that one wetland replacement site,reference your overhead view(part of Section 5)to this chart by identifying and labeling"first
replacement site"and"second replacement site"on your overhead view;3)If you are identifying only one wetland type within a given replacement site,use
. the first dotted line(s)and leave the others blank;4)If you have chosen to identify more than one wetland type in a given replacement site,use the extra dotted
lines to indicate each separate wetland type,and identify type(s)of replacement credits and"restored or created"for each separate wetland type with that
replacement site;5)If you do not have access to some of the information, or if you do not know your replacement ratio,call your LGU or SWCD office for
assistance. Photocopy chart for more wetland replacements,if needed.)
DESCRIPTION OF REPLACEMENT WETLANDS
Identify Watershed County Section, Wetland Type(s)of replacement credits Restored
Wetland name or Township, Type' (in acres or square feet) or
replacement number Range created?
site (if known) 9 New Wetland Public Value Indicate
(as noted on Credits (NWC) Credits(PVC) R or C
overhead view)
Name of 41 Olmsted Sec. 7 2 11,810 0 C
First ---------- --------------------- ------------------------ -------------
T107N
replacement R14W
site ----------- --------------------- ------------------------ -------------
Name of
Second ----------- ---------------------- ------------------------ -------------
replacement
site ------ ---------------------- ------------------------ -------------
'Circular 39 wetland types:Indicatel,1L,2,3,4,5,6,7,8,R,or U. If you are r 0
identifying only one wetland type within a given wetland impact area,use the first TOTAL N`VC TOTAL PVC
dotted line and leave the others blank. If you have chosen to identify more than one
wetland type within a given wetland impact area,use the extra dotted lines to indicate REQUIRED REPLACEMENT RATIO:
each separate wetland type,and identify predominant vegetation and size of impacted
. area for each separate wetland type within that impact area. (If known 2:1
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 4
18. ADDITIONAL INFORMATION REQUIRED FOR PROJECT-SPECIFIC REPLACEMENT(Required only if you marked Box B or Box C in Section 14):
For projects involving at least some project-specific replacement,include the following additional information:
®Two drawings to scale of the replacement wetland. Include both overhead view and profile(side view or cross-sectional view). See 6Yhat to Include on'Plans •
(Instructions,Page 3)for a detailed description of what should be included in these drawings. Without drawings,your application will be considered incomplete.
®For created replacement wetlands,include additional soils information(if available)that indicates the capability of the site to produce and maintain wetland
characteristics.
Note 1: For replacement wetlands located on pipeline easements,you need to receive endorsement of your project from both the easement holder and the Minnesota
Department of Public Safety's Office of Pipeline Safety. Before start of construction,the owner of any utilities must be notified. The landowner or contractor is
responsible for giving this notice by calling"Gopher State One-Call"at 652-154-0002(Twin Cities Metro Area)or 1-800-252-1166(all other locations).
Note 2: For extensive or complex projects supplementary information may be requested at a later dated from one or more of the responding agencies.
Such information may include(but not be limited to)the following: topographic map,water table map,soil borings,depth soundings,aerial photographs,
environmental assessment and/or engineering reports.
19. SIGNED AFFIRMATION:
FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING ONLY: To the best of my knowledge and belief,all information in Part II is true,
complete and accurate;and I affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank.
FOR PROJECTS INVOLVING EITHER PROJECT-SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF WETLAND BANKING
AND PROJECT-SPECIFIC REPLACEMENT:
Part A: The replacement wetland. I affirm that the replacement wetland was not:
Previously restored or created under a prior approved replacement plan or permit;AND
Drained or filled under an exemption during the previous 10 years;AND
Restored with financial assistance from public conservation programs;AND
Restored using private funds,other than landowner funds,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.
Part B: Additional assurances(check all that apply):
®The wetland will be replaced before or concurrent with the actual draining or filling of a wetland.
❑An irrevocable bank letter of credit,performance bond,or other acceptable security has been provided to guarantee successful completion of the wetland replacement.
❑The wetland losses will be replaced via withdrawal from an account in the State Wetland Bank.
Part C. For projects involving any project-specific replacement: Within 30 days of either receiving approval of this application or beginning work on the project,h
will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s)will be located;and I will at the same time
submit proof of such recording to the LGU.
To the best of my knowledge and belief,all information in Part II is true,complete and accurate;and I affirm all statements in Part A and C,as well as
li heck d assurance(s)in Part B.
orgnatu appy ant or agent Date '
FOR LGU USE ONLY
Replacement plan is(check one): ❑Approved ❑Approved with conditions(conditions attached) ❑Denied
LGU ojfzcial signature Date
LGU has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland:
County where recorded Date Document#assigned by recorder
LGUojTIcial signature Date
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 5
i r
ADDITIONAL INFORMATION
FOR ITEM
F-2
APRIL 4, 2005 AGENDA
Mayor&Council
Stevan Kvenvold
Gary Neumann
Terry Spaeth
Terry Adkins
Richard Freese
fUEJ
}
Figure 1
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Kingsbury 7th Revised Project Boundary Map
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NORTH
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Figure 3
Revised Direct Wetland Replacement Map
Within Ridgeview Manor Subdivision
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Appendix A
b
Revised Basic Wetland Application
1
�4
NA-026620-03B (V.2.01 for MS WORD)02/14/03
Minnesota Local/State/Federal Application Form for Water/VVetland Pro'ects
For Internal Use Onlv
[]A21ication No. Field Office Code Date Initial Application Received Date initial Application Deemed Complete
PART I: BASIC APPLICATION
"See HELP"directs you to important additional information and assistance in Instructions,Page 1.
1. LANDOWNER/APPLICANT CONTACT INFORMATION(See Help 1)
Name: Kingsbury 7rh Subdivision-Tony Bigelow Phone: 507-775-2280
Complete mailing address:706 County Road 3 NW, Byron MN 55920
IA. AUTHORIZED AGENT(See Help IA) (Only if applicable;an agent is not required)
Name: McGhie and Betts Inc.-Jeff Broberg Phone: 507-289-3919
Complete mailing address: 1648 3Ave SE, Rochester MN 55904
2. NAME,TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED(Attach Additional Project Area sheets if needed)
Name or I.D.#of Waters Impacted(if applicable;if known):N/A
(Check all that apply): ❑Lake ❑River ❑Wetland type❑ 1 ❑ 1L ®2 ❑3 ❑4 ❑5 ❑6 ❑7 ❑8
Indicate size of entire lake or wetland(check one): ® Less than 10 acres(indicate size:0.14) ❑10 to 40 acres ❑Greater than 40 acres
3. PROJECT LOCATION (Information can be found on property tar statement,property titllor title insurance):
Project street address: Fire#: City(if applicable):Rochester
'%4 Section:W 1/2 Section: 18 Township#: 107 Range#: 14 County:Olmsted
Lot#: Block: Subdivision: Watershed(name or#)41
Attach a simple site locator map. If needed,include on the map written directions to the site from a known location or landmark,and
provide distances from known locations. Label the sheet SITELOCATOR.MAP.
4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed.
See Attached Report If
5. PROJECT PURPOSE,DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed,how you plan to
construct the project with dimensions(length,width,depth),area of impact,and when you propose to construct the project. This is the
most important part of your application. See HELP 5 before completing this section;see What To Include on Plans(Instructions,
page 1). Attach PROJECT DESCRIPTION sheet.
See Attached Report
Footprint of project: 0.136 acres or 5,905 square feet drained,filled or excavated.
6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts
to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands(one of which may be"no
build"or"do nothing"),and explain why you chose to pursue the option described in this application over these alternatives. Attach
PROJECTALTERNATIVES sheet if needed.
See Attached Addendum and Wetland Sequencing and Replacement Plan
7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands,list the complete
mailing addresses of adjacent property owners on an attached separate sheet. (See HELP 7)
8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? ❑Yes ®No. If
yes,describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8)
9. STATUS OF OTHER APPROVALS: List any other permits,reviews or approvals related to this proposed project that are either pending or
have already been approved or denied on a separate attached sheet. See HELP 9.
10. I am applying for state and local authorization to conduct the work described in this application. I am familiar with the information
contained in this application. To the best of my knowledge and belief,all information in Part I is true,complete,and accurate. I possess
the authority to undertake the work described,or I am acting as the duly authorized agent of the applicant.
S 3 21
au /
Signature of applicant(Landowner) Date Sign e of a ent(if applicable) Date t i
This block must be signed by the person who desires to undertake the proposed activity and has the necessary property ng is to do so. If only the Agent has signed,
please attach a separate sheet signed by the landowner,giving necessary authorization to the Agent.
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page I
f: A
APPLICATIOiN FOR DEPARTMENT OF'I r1E AR`1Y PERJI IT(33 CFR 3'-5) O:NIB APPROVAL NO.0710-003 Expires Dec31.2004
The public burden for this collection of information is estimated to average 10 hours per response,although the majority of applications should require 5 hours or less. This includes
the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and complerng and rep mewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to Department of Defense,Washington
• Headquarters Service Directorate of Information Operations and Reports,1215 Jefferson Davis Highway.Suite I204,Arlington.VA 22202-4302;and to the Office of Management
,ind Budget,Paperwork Reduction Project(0710-0003),Washington,DC 20503. Respondents should be aware that notwithstanding any other provision of law,no person shall be
ubject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to
either of these addresses. Completed applications must be submitted to the District engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT:Authorities:Rivers and Harbors Act,Section 10,33 USC 403;Clean Water Act,Section 404,33 USC 1344;Nlarine Protection,Research and
Sanctuaries Act,33 USC 1413,Section 103. Principal purpose:Information provided on this form will be used in evaluating the application for a pcnnit. Routine uses:This
information may be shared with the Department of Justice and other Federal,state,and local government agencies. Submission of requested information is voluntary;however,if
information is not provided,the nermit application cannot he evaluated nor can a permit he issued.
ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS
L APPLICATION NO. 2.FIELD OFFICE CODE 3.DATE RECEIVED 4.DATE APPLICATION COMPLETED
YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS.
All applicants must complete non-shaded items 5 and 26. If an agent is used,also complete items 8 and 11. This optional Federal form is valid
for use orrly when included as part of this entire state application packet.
5.APPLICANT'S NAME 8.AUTHORIZED AGENT'S NAIVE AND TITLE(an agent is not required)
Tony Bigelow Jeff Broberg
`b APPLICANT'S ADDRESS ; '.9: E'
AG NT'S ADDRESS
7.APPLICANT'S,PHONE NO.`,.'.+•. r 10. T'.AGENS PHONE N0.
11.STATEMENT OF AUTHORIZATION(if applicable;complete only if authorizing an agent)
I hereby authorize Mcghie and Betts Inc.-Jeff Broberg to act on my behalf as my agent in the processing of this application and
to furnish,upon request,supplemental information in support of this permit application.
APPLICANT'S SIGNATURE: DATE:
c 12,•PROJECT NAMEOR TITL7J(see inslritcritins) �� � -� •� ' 'J� '" x' 'a'� sk.
19.NAM E'OF Wr1TERBODY,IF KNOWN(mf applicable) 14'pROJECT STREET ADDRESS(rf
\ IS LOCATIONOFPROJECTi
r,• .. ... e • 5
16 OTFIER LOCATION DESCRIPTIONS,LF KNOWN(see mnstrut irons) w>F r c " ` r 1 , r 'r3
r,
w �
17'DIRECTTO�TS I O THE SITE e `, 18.NATCJRI OF ACTIVrfl' ! ' j Fr '�` i r r ? w
z19.PROJECTPURPOSErREASON(S) OR.DISCHARGE
x ; R
21 TYPES OF MATERIAL BEING DISCHARGED AND-THE AMOUNT OF EACIiTYP$IN CUBIC-YARDS x, ,r '
a..
22.SURFACEARE?.IN ACRES OF WETLANDS OR•OTHER WATERS.FILLED
23.IS ANY PORTION Or T'M WORK ALREADY COMPLETE? YES ` NO * IF YES,DESCRIBE COMPLETED WORK
24.ADDRESSES OF ADJOINING PROPERTY OWNERS '`= i'+•`".w
25.LIST OF OTHER CERTIFICATIONS OR APPRO VALS/DENIALS RECEIVED FROM QTHER FEDERAL,STATE-OR LOCAL AGENCIES FOR.:
WORK DESCRIBED.IN THIS APPLICATION.., :''; t "•;, .,
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the applicant. \
Signature of applicant Date Sign tti a of a ent(if any) Da e
The application must be signed by the person who desires to undertake the proposed acti ty(applicant),or it may be signed duly authorized agent if
the statement in Block 11 has been filled out and signed. 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 with any trick,scheme,or disguises a material fact or
-+akes any false,fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,
titious or fraudulent statements or entry,shall be fined not more than$10,000 or imprisoned not more than five years or both.
.:NG FORM 4345,Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent:CECW-OR)
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 2
PART II: REPLACEMENT PLAN SUPPLEMENT
For assistance in completing Part/!,contact your Local Government Unit or a professional consultant
11. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: 1)Use one row of boxes for each wetland impact;2)If your project has more / •
than one wetland impact,reference your overhead view(part of Section 5)to this chart by identifying and labeling•'first impact"and"second impact"on
your overhead view;3)If you are identifying only one wetland type within a given wetland impact area,use the first dotted line and leave the others blank;
4)If you have chosen to identify more than one wetland type within a given wetland impact area,use the extra dotted lines to indicate each wetland type,and
identify predominant vegetation and size of impacted area for each separate wetland type within that impact area;5)if you do not have access to some of
this information,call your LGU or S WCD office for assistance. (Photocopy chart for more impacts,if needed.)
DESCRIPTION OF WETLAND IMPACTS
Wetland Watershed County, Wetland type' Predominant Size of area Existing land use in project
impact(as name or Section, vegetation in impacted area(check all that apply)
noted on number(if Township, impacted (in acres or
overhead known) Range wetland area square
view) feet)
41 Sec. 18 2 Reed Canary 5,905 Sq.Ft. ❑ Housing
First T107N Boxelder ❑ Commercial
impact
R14W ------------------- ------------------ --------------- ❑ Industrial
❑ Parks/recreation areas
❑ Highways and
------------------- ------------------ ------ associated rights-of-way
❑ Forested
® Farmsteads/agricultural
❑Vacant lands
❑Public and semi-public
(schools/gov't facilities)
Second ❑Airports
impact - "---'---" Extractive (gravel
pits/quarries)
-------------- ❑ Other:
'If you are identifying only one wetland type within a given wetland impact area,use the first dotted line and v mP leave the other;blank. If you have chosen to identify more
than one wetland type within a given wetland impact area,use the extra dotted lines to indicate each separate wetland type,and identify predominant vegetation and size
of impacted area for each separate wetland type with that impact area.
TOTALS OF AREA(S)IMPACTED FOR EACH WETLAND TYPE ON CHART(indicate acres❑or square feet®)
Type: 1: 1L: 2:5,905 3: 4: 5: 6: 7: 8: R:
12. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply to either the impact site(s)or the replacement site(s)? ❑Yes ®No
(Examples:the presence of endangered species,special fish and wildlife resources,sensitive surface waters,or waste disposal site.) If YES,list and describe briefly.
N/A
13. SHORELAND IMPACT ZONE: Please identify each wetland impact site noted in Section 15 that is within 1000 feet of a lake or 300 feet of a river.
N/A
l
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 3
14. HOW I'ROPOSED REPLACENIE.NT 1V1LL BE ACCOJII'LISEIED: Indicate how proposed replacement will be accomplished(checl only one box below
and continue as indicated):
• ❑A. Wetland banking only
Complete.4pplication for Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LOU,or
download a copy from www.bwsr.state.rnn.us
Skip to Section 19,page 6(You do not need to complete Sections I5-18).
®B. Project-specific replacement only
Continue with Section 15 below.
❑C. A Combination of wetland banking and project-specific replacement
Complete Application for Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LOU,or
download a copy from www.bwsr.state.mn.us
Continue with Section 15 below.
15. DESCRIPTION OF REPLACEMENT WETLAND(S)CONSTRUCTION(Complete this section only if you marked Box B or Box C in Section
14 above):
Describe in detail how replacement wetland(s)will be constructed. If several methods will be used,describe each method. Details should include the
following:1)type of construction(such as excavated in upland,restored by tile break,restored by ditch block or revegetated);2)type,size and
specifications of outlet structures;3)elevations relative to Mean Sea Level or established benchmarks or key features(such as sill,emergency overflow or
structure height);4)what best management practices will be implemented to prevent erosions or site degradation;5)proposed timetable for starting and
ending the project;and 6)a vegetation management plan. Write this description on a separate sheet of paper labeled DESCRIPTION OF REPLACEMENT
WETLAND CONSTRUCTION.
See Attached Addendum and Wetland Sequencing and Replacement Plan
16. SURPLUS WETLAND CREDITS: If using project-specific replacement(Box B or Box C in Section 14 above),will the replacement result in any
surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? ❑Yes ®No. If yes,submit a Wetland Banking
Application directly to your LCU. Copies are available from your LOU,or download a copy from www.bwsr.state.mn.us
17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below:1)Use one row of boxes for each wetland replacement site;2)If
your project has more that one wetland replacement site,reference your overhead view(part of Section 5)to this chart by identifying and labeling"first
replacement site"and"second replacement site"on your overhead view;3)If you are identifying only one wetland type within a given replacement site,use
the first dotted line(s)and leave the others blank;4)If you have chosen to identify more than one wetland type in a given replacement site,use the extra dotted
• lines to indicate each separate wetland type,and identify type(s)of replacement credits and"restored or created"for each separate wetland type with that
replacement site;5)If you do not have access to some of the information, or if you do not know your replacement ratio,call your LOU or SWCD office for
;sistance. Photocopy chart for more wetland replacements,if needed.)
DESCRIPTION OF REPLACEMENT WETLANDS
Identify Watershed County Section, Wetland Type(s)of replacement credits Restored
Wetland name or Township, Type' (in acres orsquare feet) or
replacement number Range created?
site (if known) 9 New Wetland Public Value Indicate
(as noted on Credits(NWC) Credits(PVC) R or C
overhead view)
Name of 41 Olmsted Sec.7 2 11,810 0 C
First ----------- ---------------------- ------------------------ -------------
T107N
replacement site R14W
----------- ---------------------- ----------•-------------
Name of
Second ----------- ---------------------- ------------------------ -------------
replacement
site ----------- ---------------------- ------------------------ -------------
'Circular 39 wetland types:Indicatel,IL,2,3,4,5,6,7,8,R,or U. If you are O
identifying only one wetland type within a given wetland impact area,use the first TOTAL NWC TOTAL PVC
dotted line and leave the others blank. If you have chosen to identify more than one
wetland type within a given wetland impact area,use the extra dotted lines to indicate REQUIRED REPLACEMENT RATIO'
each separate wetland type,and identify predominant vegetation and size of impacted
area for each separate wetland type within that impact area. (If known) 2:1
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 4
18. ADDITIONAL INFORMATION REQUIRED FOR PROJECT-SPECIFIC REPLACEMENT(Required only if you marked Box B or Bus C in Section 14):
For projects involving at least some project-specific replacement,include the following additional information:
®Two drawings to scale of the replacement wetland. Include both overhead view and profile(side view or cross-sectional view). See What to Include on Pla�
(Instructions,Page 3)for a detailed description of what should be included in these drawings. Without drawings,your application will be considered incomplei.
® For created replacement wetlands,include additional soils information(if available)that indicates the capability of the site to produce and maintain wetland
characteristics.
Note 1: For replacement wetlands located on pipeline easements,you need to receive endorsement of your project from both the easement holder and the Minnesota
Department of Public Safety's Office of Pipeline Safety. Before start of construction,the owner of any utilities must be notified. The landowner or contractor is
responsible for giving this notice by calling"Gopher State One-Call"at 652-354-0002(Twin Cities Metro Area)or 1-800-252-1166(all other locations).
Note 2: For extensive or complex projects supplementary information may be requested at a later dated from one or more of the responding agencies.
Such information may include(but not be limited to)the following: topographic map,water table map,soil borings,depth soundings,aerial photographs,
environmental assessment and/or engineering reports.
19. SIGNED AFFIRMATION:
FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING ONLY. To the best of my knowledge and belief,all information in Part B is true,
complete and accurate;and I affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank.
FOR PROJECTS INVOLVING EITHER PROJECT-SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF WETLAND BANKING
AND PROJECT-SPECIFIC REPLACEMENT:
Part A: The replacement wetland. I affirm that the replacement wetland was not:
Previously restored or created under a prior approved replacement plan or permit;AND
Drained or filled under an exemption during the previous 10 years;AND
Restored with financial assistance from public conservation programs;AND
Restored using private funds,other than landowner funds,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.
Part B: Additional assurances(check all that apply):
®The wetland will be replaced before or concurrent with the actual draining or filling of a wetland.
❑An irrevocable bank letter of credit,performance bond,or other acceptable security has been provided to guarantee successful completion of the wetland replacern
❑The wetland losses will be replaced via withdrawal from an account in the State Wetland Bank. (•
Part C. For projects involving any project-specific replacement: Within 30 days of either receiving approval of this application or beginning work on the projb
will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s)will be located;and I will at the same time
submit proof of such recording to the LGU.
To the best of my knowledge and belief,all information in Part II is true,complete and accurate;and I affirm all statements in Part A and C,as well as
heck assurance(s)in Part B.
natut appl ant or agent Date
FOR LGU USE ONLY
Replacement plan is(check one): ❑Approved ❑Approved with conditions(conditions attached) ❑Denied
LGUojicial signature Date
LGU has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland:
County where recorded Date Document#assigned by recorder
LGU offlcial signature Date
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 5
- } INTEROFFICE MEMORANDUM
N 1
i • i
i
To: Rochester City Council
From: Jeffrey S. Broberg, Wetland Agent for Bigeolw& Sons
Date: April 4,2005
Re: Kingsbury VI Wetland Replacement Plan Proposed Findings
While the TEP did not recommend approval of the use of the designated wetland replacement area in
Ridgeview Manor due to their confusion in interpreting the rules related to the timing of wetland replacement
(MR8420.0542)we are asking that the city council as the LGU make findings that the wetland restoration area
proposed by the applicant is acceptable. We recommend the following findings:
1. The wetland rules MR 8420.0542, Timing of Replacement,require that all wetlands to be restored or
created for replacement must be designated for replacement before restoration or creation,however, the
rules to not specifically state that the impacted wetland be designated prior to construction of the
restoration or creation area.
2. The designation for the individual needs of an applicant for future wetland replacement does not
constitute a Wetland Bank because the excess wetland creation areas were reserved specifically for
Bigelow's the direct replacement needs in the same sub-watershed as stated in the July 18, 2003 and the
October 6, 2003 letters to the Rochester Wetland Coordinator. The excess wetland area in area BB-03
of Ridgeview manor were never available for sale and therefore did not require administration or
oversight of the Board of Water and Soil Resources in accordance with MR8420.0700
3. The Ridgeview Manor wetland replacement area BB-03 was designated as a future replacement area for
Bigelow projects in July 2003 when the applicant notified the Wetland Coordinator and submitting both
a Basic Application and Banking Plan to define and designate the wetland area and wetland type
reserved for future replacement. The Applicants July 18, 2003 letter states:
a. "The 2002 application and the revised Wetland Bank Plan is only a means to account for the
multi-project use of the mitigation area. We have not proposed making a Wetland Bank at this
site."
b. "The change in type of replacement area needs to be revised because the project specific wetland
credits will be used for Kingsbury Hills and other future Bigelow projects."
c. "Construction of the wetland replacement areas at Ridgeview Manor commenced in the fall of
2002"
2. The July 18, 2003 and October 6, 2003 letters and applications constitute a proper designation of
Ridgeview Manor area BB-03 for future replacement before restoration or creation.
3. The wetland creation was completed in the fall of 2003 and is being monitored for success as detailed in
the Monitoring Report submitted February 2005.
4. According to the applicant the denial of the use of the excess wetland areas for direct replacement at
40 Ridgeview Manor would require that the replacement plan for Kingsbury VII be revised and
reconsidered with restoration credit derived from the purchase wetland credits from an approved
Wetland Bank
a. There are no wetland banks in the same sub-watershed