City Council Resolution 1992-12RESOLUTION 92- 12
RESOLUTION CERTIFYING ADEQUACY OF
WETLAND REPLACEMENT PLAN FOR
PHASE II OF THE CARDINAL HILLS RESIDENTIAL SUBDIVISION
WHEREAS, the City of Monticello is the local unit of government
responsible for enforcing the interim program of wetland regulation
as defined in the Wetland Conservation Act of 1991, and
WHEREAS, the proposed site of phase II of the Cardinal Hills
residential subdivision contains small scattered wetland areas
which could be severely degraded or destroyed if surrounded by
upland development and subjected to residential uses, and
WHEREAS, the site is not exempt from the interim programs of
wetland regulation, and
WHEREAS, the grading and drainage plan (wetland replacement plan)
prepared by OSM replaces wetlands at a ratio in excess of one acre
replaced for each acre drained or disturbed, and
WHEREAS, the Army Corps of Engineers instructions outlined and
attached hereto will be incorporated into the wetland replacement
plan, said instructions shall be accepted as sufficient technical
assistance in lieu of input from a technical assistance panel, and
WHEREAS, Value Plus Homes, Inc., has agreed to comply with the
grading plan/wetland replacement plan and has agreed to enter into
a wetland replacement agreement with the City of Monticello, and
WHEREAS, the development agreement governing phase II of the
Cardinal Hills residential subdivision shall contain a provision
which provides the City of Monticello with a financial guarantee
necessary to complete the wetland replacement plan if not completed
properly by the land owner.
NOW, THEREFORE, LET IT BE RESOLVED THAT THE CITY OF MONTICELLO
hereby certifies that the wetland replacement plan for phase II of
the Cardinal Hills residential subdivision complies with the
interim program of wetland regulation and the corresponding Wetland
Conservation Act of 1991.
Adopted this 13th day of April, 1992.
Ma r
City Admi, strator
REPLY TO
ATTENTION OF
Construction -Operations
Regulatory (19910433-14)
DEPARTMENT OF THE ARMY
ST PAUL DISTRICT, CORPS OF ENGINEERS
180 E. KELLOGG BLVD., ROOM 1421
ST PAUL, MINNESOTA 55101.1479
Mr. Bret Weiss, P.E.
Project Manager
OSM, Inc.
2021 East Hennepin Avenue
Minneapolis, Minnesota 55413
April 6, 1992
Dear Mr. Weiss:
This concerns the proposed Cardinal Hills Subdivision for Value Plus
Homes, in Section 13, T. 121N, R. 25W, in Monticello, Minnesota.
We have discussed your revised grading and drainage plan, dated March
11, 1992, with Mr. Jerry Decker of the U.S. Fish and Wildlife Service, who
is familiar with your project. The revised plan reflects a minimization of
the originally proposed wetland fill, and compensatory mitigation.
In coordination with the U.S. Fish and Wildlife Service and other
agencies, we have determined that the proposal represented by the
PRELIMINARY GRADING AND DRAINAGE PLAN dated March 11, 1992 and signed by
yourself is eligible for authorization by a Corps nationwide permit provided
that the conditions discussed below, and those enclosed with this letter,
are met. You have agreed to implement these conditions as part of the
project.
1. All four, second -stage pond/wetland areas shall have convoluted
shorelines (not generally straight shorelines as shown on the grading plan)
and sideslopes not steeper than 8h:ly to enhance wildlife habitat.
2. The pond/wetland areas shall be lined with organic (wetland) soil.
.3. The existing pond/wetland areas to be retained shall be protected
from erosion during project construction.
4: The first -stage ponds shall be maintained (dredged as necessary) to
prevent sedimentation of the four, second -stage ponds.
We note that the first -stage ponds could be made deeper, an:� `aver, ��4
steeper sideslopes than indicated on the plan, if desired. ;-�r V_„�;vn_�,;�;�
Please note that additional wetland fill not indicated oi%tYie`gradin� -
plan is not authorized, whether by present or future landowners, 7
-2 -
Further, this nationwide permit confirmation is based in part on the
fact that the project site contains small, scattered wetland areas which
would be severely degraded or destroyed if surrounded by upland development
and subjected to residential uses. In this case, it appears that the
proposal, which now reflects wetland impact minimization and compensation,
probably represents the best way to maximize the wetland values that will
exist after development of the project site. However, it should not be
assumed that wetland fill for future residential developments will be
authorized.
In accordance with the above, we have determined that the project is
eligible for authorization under Department of the Army nationwide permit
number 26, provided the above and enclosed conditions are followed. However,
you must obtain, a Section 401 Certification from the MPCA in order for the
nationwide permit to be valid for your project. You may consider amour project
authorized b the nationwide permit when you obtain a Section 401
Certification or Waiver from MPCA.
The person to contact at the MPCA is: Mr. Larry Zdon, Water Quality
Division, Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul,
Mn. 55155-3898. Mr. Zdon's telephone number is (612) 297-8219. Mentioning to
Mr. Zdon that this project was the subject of a Corps predischarge notice
during the last week of March, 1992, may facilitate the matter.
It is your responsibility to insure that the
RESPONSIBILITYcomplies
TOwith
OBTAINthe
ALLterms
of this letter and the enclosures. IT IS YOUR
REQUIRED STATE (including the Minnesota Pollution
Control
APPROVALS BEFOREYOUMinne
sota
Department of Natural Resources) AND LOCAL PERMITS
PROCEED WITH THE PROJECT. Your project may require authorization under the
State 1991 Wetland Conservation Act. Your county officials should be able to
advise you about this new Act.
If you have questions, please call Michael Weburg at (612) 220-0367.
Sincerely,
Ben Wopat
Chief, Regulatory Branch
Construction -Operations Division
Enclosure(s)
Copy furnished:
Mr. Larry Zdon
Minnesota Pollution Control Agency
Section 404Only C',onditiytz In addition to the Gcneral Conditions, the following conditions apply only to activities
that invoh'e the discharge of dredged or fill material and must be follow,cd in order for authorization by the nationwide
permits to be valid:
1 Water supply intakes. No discharge of dredged or rill matcrial may occur in the proximity of a public "Vater
supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank-
stabilization.
ankstabilization.
2. Shellfish production. No discharge of dredged or fill material may occur in areas of concentrated shellfish
unless the discharge is directly related to a shellfish harvesting activity authorized by nationwide permit 4.
production,
3. Suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash,
debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts (see section 307 of
the Clean Water Act).
4. Mitigation. Discharges of dredgers or fill material into waters of the United States must be minimized _Qr
avoided to the maximum extent practicable at the project site (Le. onsite), unless the DE has approved a =
compensation mitigation pian for the specific regulated activity.
S. Shing areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum _
extent practicable.
6. Obstruction of high flows. To the maximum extent practicable, discharges must not permanently restrict or rM
impede the passage of normal or expected high flogs ma
or cause the relocation of the water (unless the primary purpose
of the fill is to impound waters).
7 Adverse impacts from impoundments.. If the discharge creates an impoundment of water, adverse impacts on
the aquatic system caused by the accelerated passage of water-andjor the restriction of its flow shall be minimized to
the maximum extent practicable_
8. Waterfowl breeding areas. -Discharges into breeding areas for migratory w3terf0w4 must be avoided to the
maximum extent practicable.
9 Removal of temporary fills.: Any temporary fills must be removed in their entirety and the affected areas
returned to their pree>asting elevation.
C_ N xrh�dc Pcrmit ('c�nditi�itS
,,-he foljowing general conditions must be followed in order for any authorization by a natiom�idc
Genera! ('onditicxL�
permit to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2 Proper
maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to
ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation controls must
be
��anand ently stabilized at
aintained in
effective operating condition during construction, and all exposed soil and o
the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the movement of those species of aquatic -life
q ly unless the act.ivi
to the waterbody, including those species which normal migrate through the area,
indigenous -
primary purpose is to impound water. -
ui merit_ _Heavy equipment working in wetlands must be placed on mats or other measures must be taken
5. M
to minimize soil disturbance.
�6. Re 'oma! and case-bv-case conditions. The activity must comply with any regional conditions which may have
CFR 330.4(e)) and any case specific conditions added by the Corps.
been added by the division engineer (see 33
7.
Wild and Scenic Rivers_ No activity may occur in a component of the National Wild and Scenic River System.;
e dyer is in
or in a river officially designated by Congress as a "study ri��er" for possible inclusionfiom the system, onal ParkffiServic�e and
an official study status. Information on Wild and Scenic Rivers may be obtained
the U.S. Forest Service.
8. Tribal rights. No activity or its operation may impair reserved tribal rights, including, but not limited to,
reserved water rights and treaty fishing and hunting rights.
9 Water quality certification. In certain states, an individual state Rater quality certification must be obtained or
waived (see 33 CFR 330.4(c)).
10. Coastal zone management. In certain states, an individual state coastal zone management consistency
concurrence must be obtained or waived. (see 33 CFR 330.4(d)).
11. Endangered Species. No activity is authorized under any NWF which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely modify the
habitat might betical habitat affected orsuch e in
Non-federal permittees shall notify the district engineer if any listed species o
r critical the vicinity of the project and shall not begin work on the activity until notified by the district engineer' that the
requirements of the Endangered Species Act have been satisfied and that the activity
afrom uthori edU�Fish and on the
location of threatened and endangered species and their critical habitat can be obtained
Wildlife Service and National Marine Fsberies Service. (see 33 CFR 3M, -4(f))
12. Historic roperties. No act-i�-1t}' which may affect Historic properties listed, or eligible for of 33 CFR 325,
National Register of Historic Places is authorized, until the DE has complied with the provisions
Appendix C. the prospective permittee must notify the district engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Prescr�ation Act have been
satisfied and that the activity is authorized. Information on the location and existence of historic resources can be
obtained from the State 1listonc Preservation Office and the National Register of Historic Places (sce 33 CI=R
330.4(g)).
TABLE 1
TOTAL ACRES
_ 3.41 2'82
* These wetlands will be filled within the Cardinal Hills Development, but will
remain as wetlands offsite to the west.
Estimated Size
Proposed
Compensatory
(Acre)
Status
Mitagation (Acre)
Wetland No.
1*
0.07
Filled
0.07
2*
0.20
Filled
0.20
3
0.69
Filled
0.69
4
0.86
Filled
0.86
5
0.87
Filled
0.87
6
0.04
Filled
F-e� �c�;�►
0.04
---
0.25
8
0.34
-RtTrrztn
---
9
0.09
Filled
0.09
TOTAL ACRES
_ 3.41 2'82
* These wetlands will be filled within the Cardinal Hills Development, but will
remain as wetlands offsite to the west.
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