6.8. - 6.10. SR 08-17-1998ity of
iver
MEMORANDUM
Item # 6.8. - 6.10.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Planning Assista~""~
August 17, 1998
Request by CPDC for Zone Change,
Conditional Use Permit and Pre-
liminary Plat Approval, Public
Hearing Case No. ZC 97-1, CU 97-11
and P 97-8
Attached is a revised plan for the townhouse development in the southwest
corner of the project. The revised plans reflect the changes Terry Maurer
explained in his letter. The plan better defines and creates additional open
space in center of Block 2; it also reduced the number of driveways on the
street and increases the setback from the roadway resulting in additional
greenspace along Street S.
Also included are the recommendations and conditions of approval. The
following conditions have been revised to reflect the project as it is currently
being presented:
It is recommended the City Council approve the proposed rezoning from Rle
(Single Family Residential) and Rlc (Single Family Residential) to PUD
(Planned Unit Development) based on the following findings:
1. Recently approved changes to the road network has improved
transportation to warrant a rezoning.
2. A planned unit development allows a comprehensive review of developing
the property.
3. The proposed rezoning will be consistent with the City's Comprehensive
Plan.
4. A planned unit development allows for flexibility in subdivision design.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to City Council/P 97-8
August 17, 1998
Page 2
It is recommended the City Council approve the preliminary plat and
conditional use permit for the PUD with the following conditions:
Land Use
1. If any of the 2 story townhouses are changed to single story units, there
will have to be a corresponding reduction in the number of 2 story units.
o
o
o
°
°
That the developer demonstrate on the grading plan how the Trott Brook
trail is accessed from Street O.
Elevations for the townhouse developments be submitted for review and
approval.
Signage for the development shall be reviewed and approved by staff.
All comments raised by the Department of Natural Resources shall be
incorporated into the plat.
Each single family lot shall receive I street tree and I front yard tree;
corner lots shall receive I street tree and 1 front yard tree per street
frontage.
A landscaping plan for the townhouse developments shall be submitted
for review and approval by the City.
That the developer provide a pedestrian and maintenance vehicle corridor
to Outlet F from street n as per city ordinance to be coordinated with a
sewer and water corridor to the East of the plat.
Setback of 25 feet from the front property lines on all streets except
Streets A, F, J, O, R and S
Engineering
1. All comments of the City Engineer shall be incorporated into the plans.
2. Prior to the issuance of any building permits a development plan be
submitted outlining style of house and finished grades on each lot.
3. All streets be built to City standards with the exception of Street A which
will be larger.
\\elkriver\sys\shrdoc\planning\scott\tbf817.doc
Memo to City CouncilfP 97-8
August 17, 1998
Page 3
Environmental
1. All comments from the DNR shall be incorporated into the plans.
2. All comments of the City Engineer be incorporated into the plans.
3. Recommendations of Tim Edgeton of the Sherburne County Tree Board be
incorporated into the plans.
Miscellaneous
1. A Developers Agreement and PUD agreement shall be signed and
recorded prior to recording the plat.
2. Plat approval is contingent upon the rezoning and conditional use permit
for a planned unit development being approved.
3. Park dedication fees be paid prior to releasing the plat for recording
4. Surface water management fees be paid prior to releasing the plat for
recording.
5. Homeowners Association documents shall be reviewed by the City prior
to releasing the plat for recording.
6. Street Lights shall be installed per Elk River Utilities recommendations.
7. A letter of credit be provided to the City in the amount of 100% of the
costs of public improvements.
Upon completing all of the improvements and having them accepted by
the City, a warranty bond in the amount of 25 % of the improvement costs
shall be submitted to the City for a one year period.
9. Water availability charge be paid prior to releasing the plat for recording
10. All necessary permit shall be received prior to commencing work within
any easements.
11. All comments in Phil Hals, the Street/Park Superintendent, shall be
incorporated into the plans.
12. All mailboxes shall be clustered.
\\elkriver\sys\shrdoc\planning\scott\tbf817. doc
Memo to City Council/P 97-8
August 17, 1998
Page 4
13. Landscape easements shall be included around all development and
neighborhood signs.
14. This project cannot proceed without sanitary sewer and water service.
The City has not yet approved the extension of sanitary sewer and water
service to this area of the City. Therefore, approval of the project is
contingent upon the City ordering the extension of sanitary sewer and
water service to this area of the City, and the Developer entering into an
agreement with the City for the extension of sanitary sewer and water
service to the project.
\\elkriver\sys\shrdoc\planning\scott\tbf817.doc
~'1998 Westwood Professional Services, Inc.
O' 60' 120' 180'
IREVISIONS
Westwood I
PREPARED FOR,
Contrector Property
Developers Company
holdyn Park, linneeota
REV. XX/XX/XX
96367 65670d~5. DWG
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Memorandum
River
TO:
FROM:
DATE:
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING
& ZONING ADMINISTRATOR
AUGUST 17, 1998
SUBJECT:
ENVIRONMENTAL
ASSESSMENT WORKSHEET
(EAW) FOR TROTT BROOK
FARMS
An EAW is a brief document design to set out the basic facts necessary to determine if an
Environmental Impact Statement (EIS) should be conducted for a project or not. The
Responsible Governmental Unit (RGU) makes the determination whether a project has
the potential for significant environmental effects and an EIS is needed to further study
the issues. The Elk River City Council is the RGU for the Trott Brook Farms Project.
The sources of information from which the Council will make their determination
regarding the need for an EIS are the EAW itself, comments received on the EAW, and
the responses to the comments received. The following information is attached to this
memo:
· The Trott Brook EAW
Comment letter from Thomas Balcom of the Minnesota Department of Natural
Resources, dated July 28, 1998 (the DNR basically said they did not feel an EIS is
needed for this project and no response to their comments seems necessary).
· Comment letter from Paul Hoffofthe Minnesota Pollution Control Agency, dated
July 31, 1998.
· Staff's response to Mr. Hoff's letter, dated August 5, 1998.
· A resolution making a negative declaration on the need for an EIS for this project.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Recommendation
Staff feels the EAW accurately and adequately described the proposed project and its
potential to have significant environmental effects. Mitigative measures to reduce
environmental impacts have been identified in both the EAW and staff's responses to
comments. This and future adjacent projects that could have cumulative environmental
impacts are subject to ongoing public regulatory authority and it is unlikely that there
could be irreversible effects. Therefore, staff recommends the Council makes a
negative declaration on the need for an EIS for the Trott Brook Farms Project by
passing the attached resolution.
Minnesota Department of Natural Resources
500 Lafayette Road
St. Paul, Minnesota 55155-40
July 28, 1998
Mr. Stephen Rohlf
Building and Zoning Administrator
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
Trott Brook Farms Planned Residential Development
Environmental Assessment Worksheet (EAW)
City of Elk River, Sherburne County
Dear Mr. Rohlf:
The Minnesota Department of Natural Resources (DNR) has reviewed the EAW for the
Trott Brook Farms Planned Residential Development in Sherburne County. Based on the
information provided, we have no comments or concerns regarding this proposal.
Thank you for the opportunity to review this project. The project does not require
preparation of an Environmental Impact Statement (EIS) is our opinion. We look
forward to receiving your record of decision and response to comments. Minnesota
Rules part 4410.1700, subparts 4 & 5, require you to send us your Record of Decision
within five days of deciding this action. Please contact Gall Fox of my staff at (651)
296-0731 if you have questions regarding this letter.
Sincerely,
Thomas W. Balcom, Supervisor
Environmental Review and Assistance Unit
Office of Management and Budget Services
C~
Bob Hance
Con Christianson
Bret Anderson
Lynn Lewis, USFWS
Jon Larsen, EQB
Homer Tompkins, Property Developers Company
#990006-01
FOX:ER13:TROTEAW. doc
DNR Information: 612-296-6157, 1-800-766-6000 · TTY: 612-296-5484, 1-800-657-3929
An Equal Opportunity Employer ~ Printed on Recycled Paper Containing a
Who Values Diversity ~/l~l~ Minimum of 10% Post-Consumer Waste
Minnesota Pollution Control A ency
July 31, 1998
Mr. Stephen Rohlf
City of Elk River
13065 Orono Parkway
Post Office Box 490
Elk River, Minnesota 55330-0490
Re: Trott Brook Farm Planned Residential Development Environmental Assessment Worksheet
Dear Mr. Rohlf:
The Trott Brook Farm Planned Residential Development Environmental Assessment Worksheet
(EAW) has been reviewed by the Minnesota Pollution Control Agency (MPCA). The proposal
involves development of 361 acres of land into a residential housing subdivision. The MPCA
offers the following comments for your consideration.
Item 11. Fish, Wildlife and Sensitive Resources
This site appears to be rich with biological diversity and appear'~ vulnerable to habitat
fragmentation and water quality degradation. From the map provided in the EAW, it appears
that a number of the lots are immediately adjacent to wetlands and storm water ponds. It is not
clear whether there are any easements between the lot line and the edge of the wetlands and
ponds. This concerns us from a number of standpoints. First, if homeowners improperly apply
lawn chemicals to their yards, wetland vegetation and biota could suffer from chemical runoff or
drift. In addition, some property owners may attempt to "beautify" their backyards by removing
vegetation and habitat at the wetland edge. If the city has not already done so, we recommend
that it create a permanent easement between homes and wetlands, providing protection to these
important ecosystems.
Item 16 Soils
How suitable are these soils for building? Are any soils on the site particularly susceptible to
settling? It appears that the homes adjacent to wetlands and ponds could experience water
problems during wet years. Does the city of Elk River have setback requirements governing
construction of homes adjacent to storm water ponds and naturally occurring wetlands?
Item 18 Surface Water Runoff
What pollutant removal efficiencies are expected in the storm water ponds? The document states
that "site runoff from the development will have a minimal effect on the water quality of the
wetlands and Trott Brook." What information is available to substantiate this claim?
520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (Voice); (612) 282-5332 (TTY)
Regional Offices: Duluth · Brainerd · Detroit Lakes · Marshall · Rochester
Equal Opportunity Employer · Pdnted on recycled paper containing at least 20% fibers from paper recycled by consumers.
Mr. Stephen Rohlf
Page 2
More information should be provided regarding the quality of Trott Brook. Has any monitoring
been conducted on this portion of the stream? What do we know about fisheries in the stream?
What effect will an increase in imperviousness have on the watershed of Trott Brook? Please
consider changes in water quantity and quality and how those will impact stream habitat.
Thank you for the opportunity to review this proposal. Please note that the city, as the
responsible governmental unit for the EAW, must provide specific responses to these comments
pursuant to Minn. R. 4410.1700, subp. 4. These responses must be received prior to issuance of
necessary MPCA permits or approvals for the project. If you should have any questions, please
feel free to contact Lynne Kolze of this office at 651/282-5992.
Sincerely,
Paul Hoff, Director
Environmental Planning and Review Office
Administrative Services Division
PH:cmm
cc: Westwood Professional Services, Inc.
Homer Thompkins, Contractor Developers Company
y of
'ver
August 5, 1998
Minnesota Pollution Control Agency
ATTN: Paul Hoff, Director
Environmental Planning and Review Office
Administrative Services Division
520 Lafayette Rd. N
St. Paul, MN 55155-4194
Subject: Response to comments received Trott Brook Farms Project EAW
Dear Mr. Hoff,
Item 11. Fish, Wildlife and Sensitive Resources
oo
In summary, you commented on your concern regarding habitat fragmentation and water
quality and specifically questioned whether or not easements to protect vegetation will be
required between the wetlands on the site and the lots to avoid lawn chemicals from
entering the wetlands.
Response
Trott Brook is a protect DNR Tributary Stream. The city's shoreland ordinance does
regulate the clearing of vegetation adjacent to this water body. Whereas, the city does not
typically require easements specifically for vegetative buffer strips, the drainage and
utility easements that protect all wetlands in a plat are typically oversized beyond the
edges of the wetlands. In addition, the city is considering a ban on fertilizer containing
phosphorus in 1999 and has been encouraging the use of buffer strips.
Item 16. Soils
The basic concern raised in this comment is the suitability of soils to bear footings and
avoiding water problems in houses.
13065 Orono Parkway · P.O. Box 490 · Elk River. MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Response
The city does not require setbacks from storm water ponds beyond what the drainage and
utility easement place around them provides. However, as part of the platting process the
city engineer reviews and approves a development plan that dictates the lowest floor
elevations of proposed homes. This development plan takes into consideration 100 year
flood elevations, seasonal high water tables, and the general plat drainage including
emergency overflow elevations. In addition, areas where soils have been corrected are
required to be tested for compaction prior tothe placement of footings.
Item 18. Surface Water Runoff
This comment questions the efficiencies of pollutant removal of the storm water ponds in
the plat, if any monitoring of Trott Brook has been done, and how the development will
affect water quality and quantity in this stream.
Response
A query of the Minnesota DNR did not yield any measured data regarding fish
populations or water quality in Trott Brook. However, it is expected that the proposed
project will not have a significant affect on the quality or quantity of the water in Trott
Brook.
oo
Regarding water quality, runoff from streets, parking and buildings will be directed
through sedimentation/treatment ponds that meet Nationwide Urban Runoff Program
Guidelines. The proposed residential use of this property with runoff directed through
treatment ponds may even improve water quality over its past use as a hog feedlot and
other farming practices.
The proposed on-site retention ponds combined with the use of the storm water storage in
the existing wetlands on the property should negate concerns regarding the affects the
proposal will have on water quantity. In addition, many areas that are now void of
vegetation from past farming practices will have vegetation reestablished after the
development is completed, aiding their ability to perk water.
Sincerely,
'~uildin~g ~~oning
Administrator
RESOLUTION 98-
RESOLUTION FOR THE CITY OF ELK RIVER
A resolution of the City Council of the City of Elk River regarding the
environmental review process for the proposed Trott Brook Farms Project;
setting forth the City Council's findings of fact regarding the need for an
Environmental Impact Statement; and declaring that the preparation of an
Environmental Impact Statement is not necessary
WHEREAS, the Contractor Property Developers Company proposes a
plat consisting of 252 attached units and 357 unattached units on 361 acres;
and,
WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subpart 19
(D) (EQB Rules) the Project requires the preparation of a mandatory
Environmental Assessment Worksheet (EAW) under Minnesota
Environmental Policy Act (MEPA); and,
WHEREAS, the City of Elk River, as the responsible governmental
unit (RGU) under EQB Rules, prepared an EAW as required by EQB Rules;
and,
WHEREAS, notice of availability of the EAW was published in the
EQB Monitor on June 29, 1998; a press release was given to the Elk River
Star News on June 25, 1998; posted notice was given at the Elk River Public
Library and Elk River City Hall on June 25, 1998; and copies of the EAW
were supplied to all persons and agencies on the EQB official EAW
distribution list; and,
WHEREAS, comments have been received on the EAW from the
Minnesota Department of Natural Resources, by letter dated July 28, 1998,
from Thomas Balcom; and the Minnesota Pollution Control Agency, by letter
dated July 31, 1998, from Paul Hoff; and,
WHEREAS, all substantive comments have been responded to
appropriately by the City as RGU in the staff memorandum to the City
Council, dated August 17, 1998, from Stephen Rohlf, Building and Zoning
Administrator; and,
WHEREAS, the environmental review process mandated by the
Minnesota Environmental Policy Act and implemented through the EQB
Rules has been followed and this resolution shall be the City's record of its
compliance with the EQB Rules and decision in this matter; and,
WHEREAS, the City, as RGU, shall order the preparation of an EIS if
the Project has the potential for significant environmental effects; and,
WHEREAS, in deciding whether a project has the potential for
significant environmental effects, the City is to apply the criteria set forth in
Section 4410,1700 subparts 6 & 7 of the EQB Rules.
NOW, THEREFORE, BASED ON THE INFORMATION CONTAINED
IN THE EAW, THE COMMENTS RECEIVED ON THE EAW, AND THE
RESPONSES THERETO FROM CITY STAFF IN THEIR MEMORANDUM
TO THE COUNCIL DATED AUGUST 17, 1998, THE CITY COUNCIL OF
THE CITY OF ELK RIVER FINES THE PROJECT DOES NOT REQUIRE
THE PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT
FOR THE FOLLOWING REASONS:
A. The environmental effects of the Project are minimal.
B. The project will be subject to ongoing regulatory authority of the
City of Elk river and other state agencies.'
C. The project will not cause future development.
D. Future development in the area of the Project will be subject to the
requirements of the EQB Rules and will be subject to the ongoing
regulatory authority of the City and other governmental agencies.
The foregoing resolution was introduced by Council Member
and duly seconded by Council Member The following
voted in favor of the resolution:
The following voted against the resolution: None
The following were absent: None
Whereupon the resolution is adopted.
Passed and adopted by the City Council of the City of ELk River this 17th day
of August, 1998.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Peine, City Clerk
:y of
Memorandum
River
TO:
FROM:
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE:
AUGUST 17, 1998
SUBJECT:
WETLAND CONSERVATION
ACT DECISION (TROTT BROOK
FARMS)
The proposed plat of Troot Brook farms consists of 609 housing units on 361 acres. The
361 acres involved contains 51 separate wetland basins that account for approximately
100.5 acres of the property.
Mr. Homer Tompkins of Contractor Property Developers Company originally made
application to fill 2.39 acres of wetland and excavate another .45 acres to accomplish this
plat. Twenty-eight of the 51 wetlands were proposed to be impacted. A Technical Panel
review of this proposal under the Wetland Conservation Act rules (WCA) was conducted
on May 21, 1998.
Consistent with the findings of that review the applicant revised his plat. The number of
wetlands impacted has been reduced to 25 with 1.96 acres being filled and .23 acres being
excavated.
The proposed project is located in Section 35, Township 33, Range 26, Sherburne
County, Minnesota (see attached vicinity map). Also attached are site plans showing the
propose excavation, fill, and replacement areas. These site plans may be a little hard to
read. If you have question please call me.
FINDINGS
1. The delineation of the wetlands on the property was completed by Westwood
Professional Services, Inc. during 1996 and 1997.
The Technical Evaluation Panel reviewed the proposal on May 21, 1998. The
Technical Panel found that several area proposed to be filled were avoidable and in
other areas the impacts could be reduced. The revised application is consistent with
the sequencing discussed. The Technical Panel also reviewed the proposed
replacement plan and found it acceptable.
3. On July 2, 1998 Rob Bouta of Westwood Professional Services, Inc., consultant for
the developer, sent out combined notification of the proposed filling and replacement
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
plan to the appropriate parties. The City received one comment on the application
from Bill Bronder of the Minnesota Soil and Water Conservation District, which is
attached.
RECOMMENDATION
Staff recommends approval of both the proposed filling and mitigation plan for this
project with the following stipulations:
That the cost of the proposed mitigation plan be covered by a letter of credit in
favor of the city for a period of one year after completion.
That a restrictive covenant be recorded on the mitigation areas.
Sherburne County approves the plat's drainage plan.
That the developer submits a report on the wetlands to the city one year after
their construction.
'1 o
14
Netland Permits Application
rru., Brook Farms
~k Pdver, Minnesota
JSGS Topography and Site Location
2o00
N
2O0O Feet
CO.'~~I 7~4 CI'OR PR OPF. RT2,* DE V'Ed. OPER$ CO.
7599 Anagram D~v~
Eden F~aifie, ~ 55344
~-~37-5~5o EXHIBIT 1
MINNESOTA
SOIL AND WATER CONSERVATION DISTRICTS
SHERBURNE SOIL AND WATER
CONSERVATION DISTRICT
14855 Hwy. 10
Elk River, MN 55330
Tel. (612) 241-1170
Fax (612) 241-1161
July 27, 1998
Steve Rohlf
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
Re: Replacement Plan for Trott Brook Farms
Steve:
I reviewed the replacement plan for Trott Brook Farms
submitted by Rob Bouta from Westwood Professional Services.
It appears to be in agreement with what we discussed at the
TEP panel meeting on 5/21/98. So, I don't have any
additional comments.
Sincerely,
William Bronder
Technical Manager
AN EQUAL OPPORTUNITY EMPLOYER
LOCAL--STATE-FEDERAL WATER RESOURCE PROJECT NOTIFICATION/APPLICATION FORM
Use this form to notify/apply the Minnesota Department of Natural Resources, the Army Corps of Engineers, a~d your Local Govemrnent Unit of a
proposed water/wetland project or work which may fall within their jurisdiction. These agencies should advise you of their jurisdiction or permit
requirements within 45 days. Some LGUs may require submission of their own application forms. This form is provided as a convenience and its use is
optional. You may, if you wish, apply for permits or authorizations using standard agency forms. Fill out this form completely and mail a copy, with plans,
mw ~. to each of the agencies listed on the reverse of the form. Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED
AU. .~R.IZATIONS BEFORE BEGINNING WORa~.
AGENCY USE ONLY: LGU NUMBER:.
MDNR NUMBER:.
CORPS NUMBER:
I. Applicant's Name (First, Last, M.I.) / Authorized Agent, if any / Area Code, Telephone
Contractor' Property Developers Company, At'm: Mr. HOmer Tompkins / Westwood Professional'Services, Inc. Attn: Mr. Rob Bouta / (612) 937-5150
Address (Street, RFD, Box Number, City, State, Zip Code)
9110 83'~ Avenue North, Brooklyn Park, MN 55445 / 7599 Anagram Drive, Eden Prairie, MN 55344
II. LOCATION OF PROPOSED PROYECT (ATrACH DRAWING SHOWING HOW TO GET TO SITE)
County Quarter Section(s) Section(s) No. Township (s) Range (s) No. Lot, Block, Subdivision
Sherburne (all) 35 33N 26W
Fire No., Box No., or Project Name of Waterbody Affected and Number. (ifknown):
Unnamed wetlands
IlL ESTIMATED PROJECT COST: $ LENGTH OF SHORE AF?'E(;fP_;D (in feet):
N/A
IV. VOLUME OF FILL OR EXCAVATION (cubic yds.): (NOTE: You may substitute dimensions)
AREA FILLED OR EXCAVATED IS 85,430 sf (1.96 acres ) of fill; 10,214 sf (0.23 acres) of excavation
V: TYPE OF WORK AND AREA (Check all that apply):
ACCESS PATH BRIDGE CULVERT DAM
DOCK RIPRAP SAND BLANKET X FILL
CONSTRUCT DRAIN X EXCAVATE
REMOVE REPAIR
F--] LAKE ~-~ SHORELINE ~ WATERWAY ~ WETLAND
OTHER (DESCRIBE):.
WETf..~ TYPES (S) AND ACREAGE (S) PROPOSED TO BE FILLED/DRAINED: See attached narrative.
Att~ 'awings and plans. Include a description of any proposed compensatory mitigation. Im156rtant: Identify any disposal and borrow areas.
Descnoe the work below; how it would be done, what equipment would be used:
See attached narrative.
VI. PROJECT PURPOSE (why is this project needed--what benefits will it provide?):
See attached narrative.
VII. ALTERNATIVES (describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing
wetland/water impacts: Attach additional sheets, if needed).
See attached narrative.
VIII. DATES: Proposed start of activity: Fall 1998
(identify any completed work on drawing).
Proposed completion:
2003 to 2008, depending on market conditions
IX. ADJOINING PROPERTY OWNERS (Attach list if more than two).
Name Address
1. N/A
City State Zip
X. PERMITS have been received (enter an R), already applied for (enter an A), or will be applied for (enter a W) fi.om:
DNR A ARMY CORPS COUNTY
A TOWN/CITY WATERSHED DISTRICT A MN POLLUTION CONTROL AGENCY
Has an archaeological survey of the project site been done? Yes If so, by whom: Archaeological Research Services (ARS)
I hereby notify the recipients, of this form of the project proposed herein and request that I be advised of any permits or other determinations concerning this
project that I must obtain. I understand that proceeding with work before all required authorizations are obtained may subject me to Federal, State, and/or
local -aministrati_~, ciyil and/or criminal penaltie.~:s.. ___..___
Signature ~fPers~n Proposing [roject or ~en~~
<<<<<PLEASE CAREFULLY READ AND COMPLETE BACK OF FORM>>>>>
INSTRUCTIONS-PLEASE READ CAREFULLy
A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below.
Plea~ check the appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for your records·
X LOCAL GOVERNMENT UNIT (LGIY): City, county, or watershed management organization.
Specify the LGU to which you are sending the form: City_ of Elk Rtvcr
X The local SOIL AND WATER CONSERVATION DISTRICT (SWCD) for the project.
Specify the county SWCD:. Sherburne Soil and Water Conservation District
WATERSHED DISTRICT (if one exists for the project area).
Specify the Watershed District:
X MINNESOTA DEPARTMENT OF NATURAL RESOURCES Regional Office.
X U.S. ARMY CORPS OF ENGINEERS (ACOE). Send the ACOE copy to:
Department of the Army, Corps of Engineers, St. Paul District,
ATTN.: CO-R, 190 5th Street East, St, Paul, MN 55101-1479
Note: The above agencies may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water quality rules
may apply to your proposal.
ATTENTION! FROM USDA: Any activity including drainage, dredging, filling, leveling or other manipulations, including maintenance, may
affect a landuser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check with your local USDA office to request and
complete Form AD-1026 prior to initiating activity.
IMPORTANT: Some of the above offices may allow this form to be used as a permit application form. The Corps of Engineers will accept this form as an
application form. If you wish this form to constitute an application to the Corps of Engineers for any necessary permits for your project under Section 10 of
the Rivers and Harbors Act of 1899, and/or under Section 404 of the Clean Water Act, please carefully read the following information and sign where
indicated below.
Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in
this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the
~ature of Applicant Date S~gna~tur~ of Agent Date
NOTE: The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized
agent if the information requested below is provided.
Agent's Name: Rob Bo~;a Agent's Title: Senior Environmental Scientis~
Agent's Address: Westwood Professional Services. Inc., 7599 Anagram Drive
Eden Prairie. Minnesota 55344
Agent's Telephone: _.
(612) 93%5150
Agent's Email: boutar~westwoodps.com
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States knowingly and
willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined
not more than $10,000 or imprisoned not more than five years, or both.
SEE ATTACHMENT ABOUT MDNR PERMIT FEES
Minnesota Wetland Conservation Act
Wetland Replacement Plan Application
Project Name:
Applicant Information
Name:
Company:
Address:
Phone:
Fax:
Authorized Agent(s)
Name:
Company:
Address:
Phone:
Fax:
Government Unit
Name:
Company:
Address:
Phone:
Fax:
Trott Brook Farms Planned Residential Development
Mr. Homer Tompkins
Contractor Property Developers Company
9110 83~ Avenue North, Brooklyn Park, MN 55445
(612) 627-0823
(612) 627-0879
Mr. Rob Bouta
Westwood Professional Services, Inc.
7599 Anagram Drive, Eden Prairie, MN 55344
(612) 937-5150
(612) 937-5822
Mr. Stephen Rohlf
City of Elk River
13065 Orono Parkway, PO Box 490, Elk River, MN 55330-0490
(612) 441-4904
(612) 441-7425
Complete the following for the Impacted Wetland(s):
1. Description of Project (describe the nature and purpose of the proposed project):
See attached narrative ' '
o
4. Size of entire wetland(s):
5. Wetland Type(s):
6. List the dominant vegetation:
7. Estimated size of surface water drainage:
8. Topographic setting:
Notes
1.
Location of impacted Wetland(s)
County: Sherburne City: Elk River
Quarter Section: (all) Section 35 ~Twp. 33 N
Watershed: #21 Rum River (east side of ~ ~
#17 Mississippi River (St. Cloud) (west side of site)
Size of wetland impact(s): See the following table
Range
26W
See the following table
See the following table
See the following table
See the following table
See the following table
The following table contains the requested information only for the 25 wetland basins that will physically
affected by the project. Of the 51 wetland basins on the site, 26 will be completely avoided.
The Drainage Area acreages in the following table was estimated from two-foot contour mapping of the site.
For large wetland basins, the drainage area indicated in the table includes only the portion of the drainage
area within the property boundaries.
~? Westwood Professional Services, Inc. (612) 937-5150
Wetland Replacement Plan Application
Page 2 of 5
Basin Area Circ. 39 Dominant Vegetation Fill Excav Topographic Drainage
ID acres Type sq. ft. sq. ft. Setting Area
(.tacres)
· 2~'~ :~:24.41~.i2/6/7~.~. re~d capa~y grass,' stinging nettle, cottonwoed blackash .... 0 , 6697 Tributary/.'i.. ". ' 41.19
~ ;ii: ~'i~.~:;.::'~,~ ~.'. '~?~ red-osierdog~vm~d,-iearJhu-rnl~;ieWelweed .:!i, i ~.i ,, ...~:~.: i .~ ,-:, .. FloOdplain- ~...'
4 0.04 2/3 reed canary grass 1.742 0 Isolated
10 1'.,", 40.647:? 1/2/3::',;~,: reedbanarygrass~'.-:,;::':'.~:'~,~'.'~.~':::;'::?;':'.~', :"~--. ~,-'.::.~'~:- . 16,576 :~:.:: 0 Flowthrough.-~ -,. 53.69
12 0.06 1 disked soil 0 2,614 Flowthrough 7.93
· :.., 16~:. :;':'?.0.04'~;~ 2: "-,;~ reedcanarygrass:,:?;:~?.~;*::.;.,,~?.:~,q,;.:.,.,.....'?.~ ..*.~. ~ 1~742 ':';-' *.0Isolated%,~;.:.:. ~ '*.";' 1,31.
18 0.01 5 open water 110 ':~:,.0 Isolated 1.34
'.20 ::.:.0.04~',::~ '2.:-.:,,..:'.': 'reedcanarygrass,,P0a'sp:-'..~.~.:,..' .;.. :',.... ::. ,~,. ...... .1,742 -' 0 Isolated;-:, _-..~.:: ,,.'.:.1.00
21 0.05 2 reed canary grass 2,178 0 Isolated 1.75
.: 24 i~;¢:'.1,74;~::' 2 :',:..':reed Canary grass;~ Canada bluejoint grass .~. ,. '. t:.~' 3,765 .',:;~: 0 Isolated.-.'~:~ ,:'.~.' 6.29
26 2.59 2/3 reed canary grass, cattail 1,354 903 Flowthrough 4.11
27, .::..0.92;,::' 2/3. ;.',.;.. reed car~a~y grass; sandbar willow,: broad-leaf arrowhead .5,121 ": 0 Isolated-.,. · 1.64
28 0.36 2_./3 reed canary grass, mudflat 2,174 0 Isolated 2.25
29 -:.~.1.04~.~:' 2/3 "~: reedcanary,~/~,,~,:,1..,~..:~,-.~:-,,. ,.~., ..~.,~.., ::..,:..~ 4,704 ",':.: 0 Tributary ~.'" ' ' 1.11
32 0.33 5 open water 2,378 0 Isolated 7.23
, :,,. 33 ·; 0,10~':~' 2 ' .' sludge~ barnyard graSS-','.:.V,~:;:.:::,'r;,?,:., ,: ,... : .. 4,356 .', ' 0 Isolated ·. : , . 1.06
34 1.67 4 cattail, se~ges, reed canary grass 3,627 0 Isolated 10.32
36 :., 1.22..:?5 ! ~'.~::oPenwater':~r~;~''~*~'?','''':',''~:~-'~?~'~'.''':' '~:', '" ~' ~' ~ ' ' 1,938 :: 0 Isolated'.: *: '," 8.00
37 0.29 5/2 open water, barn),ard grass 2,467 0 Isolated 4,18
38 ~ '7.23 :" 5/2 ' open water, giant ragweed ~: '~:'1' : ' '21,639 . :" 0 Tributary "· 18.21
39 0.03 2 reed canary grass 1,307 0 Isolated 0.99
42 0.03 .. 2 reed canary grass': ,;"'.: ' ' "." ' 1,437 0 Isolated - ' 1,06
44 0.12 1 reed canar),grass 300 0 Isolated 1.50
45 . .0.85 5 open water- :, ..,.. '" 1,980 0 Isolated 2.69
46 2.32 2 reed canary grass 1,401 0 Isolated 6.82
51 .. 0,20 '. 2 - reed canary grass,: · .': . ..... 1,392 0 Isolated ' 1.50
Totals 86.33 85,430 10,214 188.63
If the wetland is within a shoreland wetland protection zone or the floodplain of a watercourse, list the
following:
Distance to waterbody or watercourse (feet):
DNR designation:
Classification of the waterbody or watercourse:
Ordinary High Water level (if applicable):
forms eastern property boundary
Trott Brook (Protected Watercourse)
Tributary Shoreland Classification
edge of the bank of the channel
Land use description (describe the predominant land use(s) within the immediate watershed of the wetland,
or attach a map or photograph)
See attached narrative.
10 List all other applicable local, state, and federal permits and approvals:
Unit of Government Type of Application
City of Elk River Rezoning (single family to PUD)
City of Elk River EAW Negative Declaration
Ci~.y of Elk River Preliminary and Final PLat for PUD
City of Elk River Conditional Use Permit
City of Elk River Grading Permit
City of Elk River Building Permits
City of Elk River Municipal Water Connection Permit
City of Elk River Sanitary Sewer Connection Permit
City of Elk River WCA Certificate of Wetland Replacement
Sherburne County Public Works Permit for access to CSAH 12 and CSAH 13
Minnesota Department of Health Water Main Extension
'~'~'I' Westwood Professional Services, Inc. (612) 937-5150
Wetland Replacement Plan Application
Page 3 of 5
Unit of Government
Minnesota Department of Health
Minnesota Dept. of Natural Resources
Minnesota Dept. of Natural Resources
U.S. Army Corps of Engineers
Minnesota Pollution Control Agency
Minnesota Pollution Control Agency
Type of Application
Site Plumbing Permits
Temporary DNR Water Appropriation Permit
DNR Protected Waters Permit
Section 404 Nationwide Permit 26
Jtility Extension Permit
NPDES Permit -
11.
bo
Attach the following:
a. A recent aerial photograph or accurate map of the impacted wetland area showing:
1. the location and extent of the proposed wetland fill or drainage
2. the location of any surface inlets or outlets draining into or out of the wetland
3. the land use within the immediate watershed, unless described in item 9
A soils map of the site
Evidence of ownership or rights to the affected areas (See attached Title Commitment)
Any other information required by the LGU
Complete the following information for the Replacement Wetland Site(s):
Will replacement be accomplished via wetland banking? Yes No
(If YES, complete only items 2, 3~ 4, and 8c) --
1.
Both
Timetable: project will begin in .Fall '1998 (Mo/Day/Yr) and be completed by ;~003 to 2008, depending on
.market conditions (Mo/Day/Yr). -
o
Location of replacement Wetland(s)
County:
Quarter Section:
Watershed:
Sherburne City: Elk River
(all) Section 35 Twp. 33 N
#21 Rum River (east side of site) '
#17 Mississippi River (St. Cloud) (west side of site)
Range 26 W
Size of replacement wetland or withdrawn banking credits:
Credit Type Square Feet Acres
New Wetland Credit 96,627 2.21
Public Value Credit (ponding) 207,346 4.76
Total Wetland Replacement 303,973 6.97
(276,606 sf of ponding X 75% = 207,346 sO
NOTE:
The wetland replacement requirement under the Wetland Conservation Act (WCA) is:
Wetland fill - Exempt fill under WCA = Fill requiring replacement x 2 = Replacement requirement
85,430 sf- 4,236 sf= 81,194 sfx 2 = 162,388 sf
Up to half of 162,388 sf may be Public Value Credit (PVC).
The required PVC is:
Replacement requirement - New Wetland Credit = PVC requirement
162,388 sf - 96,627 sf = 65,761 sf
The project provides 207,346 square feet of PVC available from 276,606 square feet of stormwater
ponding. Only about 32 percent of this ponding area (65,761 sf of PVC or 87,681 sf of ponding) is
actually required for wetland replacement. It is anticipated that the specific ponds selected to meet this
requirement will be determined in coordination with the LGU at the end of the permit application
processing period.
~? Westwood Professional Services, Inc. (612) 937-5150
Wetland Replacement Plan Application
Page 4 of 5
Note
Type(s) of wetland replacement or withdrawn banking credits:
Estimated size of surface water drainage into the wetland:
Topographic setting (enter Replacement Area ID(s)):
See the following table
See the following table
See the following table
The Drainage Area acreages in the following table correspond to the existing drainage areas estimated for the
basins to be expanded, after correction for wetland fill and expansion. For large wetland basins, the drainage
area indicated in the table Includes only the portion of the drainage area within the property boundaries. Some
drainage areas may be altered slightly during project grading, but discharge from stormwater treatment ponds
will be expected to supplement and maintain hydrology or replacement wetlands.
Basin ID Area Area Wetland Type Topographic Location Drainage
(sq. ft.) (acres) Setting Area
~acres)
A 24,025/ 0.55 2/3 Flowthrough North expansion of Basin 10 52.71
B 11,857 0.27 2/3 FIowthrough Expansion of Basin 30 5.13
C 5,115 0.12 2/3 Flowthrough Expansion of Basin 31 5.63
D 7,130 0.16 2/3 Flowthrough Expansion of Basin 36 7.97
E 18,833 0.43 2/3 FIowthrough South Expansion of Basin 10 52.71
F 5,150 0.12 2/3 Tributary Expansion of Basin 37 4.12
G 6,433 0.15 2/3 Flowthrough West expansion of Basin 38 18.40
H 7,053 0.16 2 Flowthrough East expansion of Basin 38 18.40
I 11,031 0.25 2/3 FIowthrough Expansion of Basins 48 and 49 2.93
Totals 96,627 2.21 168.00
If the wetland is within a shoreland wetland protection zone or the floodplain of a watercourse, list the
following:
Distance t~ waterbody or watercourse (feet):
DNR designation:
Classification of the waterbody or watercourse:
Ordinary High Water level (if applicable):
forms eastern property boundary
Trott Brook (Protected Watercourse)
Tributary Shoreland Classification
edge of the bank of the channel
Describe how the replacement wetland shall be constructed, for example, excavation or restoration by
blocking an existing tile, the type, size and specifications of outlet structures; elevations, relative to Mean Sea
Level or established bench marks, of key features, for example, sill, emergency overflow, and structure height,
and best management practices that will be implemented to prevent erosion or site degradation:
See attached narrative.
Attach the following:
a. A recent aerial photograph or accurate map of the replacement site showing: 1. the location of the replacement wetland
2. the location of any surface inlets or outlets draining into or out of the wetland
b. Scale drawings of the replacement wetland showing plan apd profile views and fixed photo reference
points for the monitoring process
c. Evidence of ownership or rights to the affected areas (See attached Title Commitment)
d. A soils map of the site. If the replacement wetland is a created wetland, include additional soils
information sufficient to determine the capability of the site to produce and maintain wetland
characteristics.
e. A monitoring plan.
f. For replacement wetlands located on pipeline easements, evidence that the easement holder and the
Office of Pipeline Safety has been contacted.
g. Proof of replacement wetland recording notice.
d. Any other information required by the LGU
~' Westwood Professional Services, Inc. (612) 937-5150
Wetland Replacement Plan Application
Page 5 of 5
Special Considerations
To the best of the applicant's knowledge, are any of the following factors applicable at the impact or replacement
site? Note whether present or not by indicating as follows; Impact Site (I), Replacement site (R), Both (B), Neither
(N).
5.
6.
7.
8.
9.
Federal or state-listed endangered species ............................................ N
Rare natural communities ........................................................................ N
Special fish and wildlife resources including ............................................ N
a. fish passage and spawning areas ................................................ N
b. colonial waterbird nesting colonies ............................................... N
c. migratory waterfowl concentration areas ...................................... N
d. deer wintering areas ...................................................................... N
e. wildlife travel corridors ................................................................... R
Archaeological or historic sites
Ground water sensitive areas .................................................................. N
Sensitive surface waters (e.g. DNR designated trout waters) ................ N
Educational or research sites ................................................................... N
Waste disposal sites
Is the project consistent with local plans? ................................................ B
(e.g. watershed plans, land use plans, zoning and master plans)
Replacement Assurance and Sworn Statements
Mr, Homer Tompkins of Contractor Property. Developers Comp¢ny (Applicant) states by signature below that:
1. The wetland will be replaced before or concurrent with the actual 8raining or filling of a wetland OR; an
irrevocable bank letter of credit or other security acceptable to the local government unit has been provided
to guarantee the successful completion of the wetland value replacement; AND,
2. The replacement wetland was not previously restored or created under a prior approved replacement plan;
AND,
o
The replacement wetland was not drained or filled under an exemption during the previous ten years; AND,
The replacement wetland was not restored with financial assistance from public conservation programs,
unless the replacement wetland qualifies under Minn. Rules Chapter 8420.0540, Subp.2.D.(3) [check here if
applicable 1; AND,
The replacement wetland was not restored using private funds other than those of the landowner unless the
funds are paid back with interest to the individual or organization that funded the restoration and the individual
or organization notifies the local government unit in writing that the restored wetland may be considered for
replacement [check here if applicable ].
I hereby affirm that the information above is correct and truthful to the best of my knowledge.
/~Pplfcant signature: (M'r. Homer Tompkins) (date)
for Contractor Property Developers Company
Witness:
LGU Official signature: (Mr. Stephen Rohlf) (date)
~? Westwood Professional Services, Inc.
(612) 937-5150
WETLAND CONSERVATION ACT
CERTIFlCATE OF EXEMPTION OR COMPLIANCE OR NO LOSS*
Mr. Stephen Rohlf
City of Elk River
13065 Orono Parkway, PO Box 490
Elk River, MN 55330-0490
Phone: (612) 441-4904
Wax: (6f2) 44f.7425
L GU Address and Phone Number
Mr. Homer Tompkins, Contractor Property Developers Company
9110 834 Ave. N, Brooklyn Park, MN 55445 Phone: (612) 627-0823 Fax: (612) 627-0879
(Name, address, and phone of applicant)
Trott Brook Farms Planned Residential Development
(Description of project/Name of development)
361 acres in Sec. 35, T 33 N, R 26 W, City of Elk River, Sherburne County, Minnesota
(Location of work: Township, Range, Section, Qtr. Section, Lot, Block, Subdivision, City, County)
(For seasonal/annual exemption attach proposed general location information, i.e. maps, aerial photos)
The wetland activity at the above site is exempted from or in compliance with the Wetland Conservation
Act (WCA) for the following reason: [Please Circle (A), (B), (C), (D), OR (E)]
This exemption certification expires
(A) A Wetland Does Not Exist; OR
NIA
(Dale)
Exemption #MN Rules Part 8420.0122, Subp, 5 (Incidental wetlands) (per MN Rule Chapt. 8420)
Description of Exemption .-
Subp. 5. states that:
"Wetlands; may be drained or filled if the landowner can show that the wetland was created
solely by actions, the purpose of which was not to create the wetland."
(c)
The exempt wetland areas Include: (1} 4,126 square feet of an excavated ditch at the north end of
Basin 10, and (2) Basin 18, which is a 110-square-foot excavated open water wetland. At a
Technical Evaluation Panel (TEP) meeting convened at the City of Elk River on May 21, 1998, the
TEP determined that both areas were unintentionally created and are exempt.
Wetland Loss Has Been Avoided; OR
(D) Wetland Has Been Replaced As Per Approved Plan (attached); OR
(E) No Loss Determination (attach plans).
The informat~ provided for this determination is truthful and accurate to the best of my knowledge,
~,'Appll'6a~t ~ign"att~re ' (Dated)
LGU Official Signature
(Dated)
*THIS CERTIFICATION ONLY APPLIES TO THE WCA OF 1991. Permits from local, state, and federal agencies may be required. Check
with the appropriate authorities before commencing work in or near wetlands. The Combined Project Notification form can be used for this
purpose.
F01~ ALL EXEMPTIONS; A landowner draining or filling a wetland under an exemption shall ensure that; appropriate erosion control
measures are taken to prevent sedimentation of the water, the drain or fill does not block fish passage, and the drain or file is conducted in
compliance with all other applicable federal, state and local requirements, including best management practices and water resource protection
requirements established under Minnesota Statutes, Chapter 103H. A:exmpcert.for (BWSPJJJ 10/17/93)
IRE~DONS
~/12/~8
~/2§/g8 - wetlon, Replocement
J
I
I
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Westwood
Contractor Property
Developers Company
Trott Brook
Farms
/ GOPHER STATE O~'E CALL
c
EXHIBIT 7A
Preliminary Grading &
Wetland Replacement Plan
GOPHER STAT[ ONE CALL
E
.)
13
0
/
45
Contractor Property
Developers Company
TroLL Brook
Farms