HomeMy WebLinkAbout05(H) - Approve Parkwood Estates Wetland Replacement Plan ReportBWSR NOA Form – November 12, 2019 1
Minnesota Wetland Conservation Act
Notice of Application
Local Government Unit: City of Prior Lake County: Scott
Applicant Name: CNC Development VII, LLC (Bill Ryan)
Applicant Representative: CNC Development (Paula Vollertsen); Midwest Natural Resources (Ken Arndt)
Project Name: Parkwood Estates LGU Project No. (if any): 18321
Date Complete Application Received by LGU: June 8, 2021
Date this Notice was Sent by LGU: June 9, 2021
Date that Comments on this Application Must Be Received By LGU¹: July 9, 2021
¹minimum 15 business day comment period for Boundary & Type, Sequencing, Replacement Plan and Bank Plan Applications
WCA Decision Type - check all that apply
☐ Wetland Boundary/Type ☐ Sequencing ☒ Replacement Plan ☐ Bank Plan (not credit purchase)
☐ No-Loss (8420.0415) ☐Exemption (8420.0420)
Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9
Replacement Plan Impacts (replacement plan decisions only)
Total WCA Impact Area Proposed: 4031 sq ft (0.0925 ac)
Application Materials
☒ Attached ☐ Other1 (specify):
1 Link to ftp or other accessible file sharing sites is acceptable.
Comments on this application should be sent to:
LGU Contact Person: Pete Young
E-Mail Address: pyoung@priorlakemn.gov
Address and Phone Number: 4646 Dakota Street SE; Prior Lake, MN 55372 | 952.447.9831
Decision-Maker for this Application:
☐ Staff ☒ Governing Board/Council ☐ Other (specify):
Notice Distribution (include name)
Required on all notices:
☒ SWCD TEP Member: Collin Schoenecker ☒ BWSR TEP Member: Ben Carlson
☒ LGU TEP Member (if different than LGU contact): Alison Harwood, WSB
☒ DNR Representative: Melissa Collins
☒ Watershed District or Watershed Mgmt. Org: Scott WMO (Vanessa Strong)
☒ Applicant (notice only): Paula Vollertsen ☒ Agent/Consultant (notice only): MNR (Ken Arndt)
Optional or As Applicable:
☐ Corps of Engineers:
☐ BWSR Wetland Mitigation Coordinator (required for bank plan applications only):
☒ Members of the Public (notice only): Eric Trelstad, Wetland Credit Agency ☐ Other: N/A
Signature: Date:
This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a
summary of the application to members of the public upon request per 8420.0255, Subp. 3.
6/9/2021
Prepared by:
Midwest Natural Resources, Inc.
1032 West 7th Street, Suite 150
St. Paul, Minnesota 55102
www.mnrinc.us
Prepared for:
CNC Development VII, LLC.
3000 County Rd. 42, Suite 200
Burnsville, MN 55337
WETLAND PERMIT APPLICATION
PARKWOOD ESTATES – PRIOR LAKE, MN
MAY 28, 2021
Project Name: Parkwood Estates, Prior Lake
PART ONE: Applicant Information
If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the
applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent’s
contact information must also be provided.
Applicant/Landowner Name: CNC Development VII, LLC., Contact: Bill Ryan
Mailing Address: 3000 County Rd 42, Suite 200, Burnsville, MN 55337
Phone: 952‐953‐4000
E‐mail Address: rew@ryanrealestate.com
Authorized Contact (do not complete if same as above):Paula Vollertsen
Mailing Address: Same as above
Phone: Same as above
E‐mail Address: paula@ryanrealestate.com
Agent Name: Ken Arndt, Midwest Natural Resources, Inc.
Mailing Address: 1032 W. 7
th St. Suite 150, St. Paul, MN 55102
Phone: 651‐788‐0641
E‐mail Address: ken.arndt@mnrinc.us
PART TWO: Site Location Information
County: Scott City/Township:Prior Lake
Parcel ID and/or Address: PIDS: 259110680 & 259120030; 17551 MUSHTOWN RD. SE
Legal Description (Section, Township, Range): Sections 11 & 12, T114N, R22W
Lat/Long (decimal degrees):
Attach a map showing the location of the site in relation to local streets, roads, highways.
See Figure 1
Approximate size of site (acres) or if a linear project, length (feet):The Parkwood Estates project is appx. 46 acres in area.
PART THREE: General Project/Site Information
If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other
correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number.
MN Wetland Conservation Act Notice of Decision by the City of Prior Lake dated October 26th, 2020
ACOE Regulatory File No. MVP‐2020‐01505‐DCR Letter dated September 3rd, 2020 (Approved Jurisdictional Determination)
Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The
project description must fully describe the nature and scope of the proposed activity including a description of all project elements
that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings
showing the location, character, and dimensions of all proposed activities and aquatic resource impacts.
The site is proposed to be developed for a single‐family residential development with associated infrastructure.
Project Name: Parkwood Estates, Prior Lake
PART FOUR: Aquatic Resource Impact1 Summary
If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each
impact in the table below. Include all anticipated impacts, including those expected to be temporary. Attach an overhead view map,
aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts.
Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table.
Aquatic Resource
ID (as noted on
overhead view)
Aquatic Resource
Type (wetland,
lake, tributary etc.)
Type of Impact
(fill, excavate,
drain, or remove
vegetation)
Duration of
Impact
Permanent (P)
or Temporary
(T)1
Size of
Impact2
Overall Size of
Aquatic
Resource 3
Existing Plant
Community
Type(s) in
Impact Area4
County, Major
Watershed #,
and Bank
Service Area #
of Impact
Area5
Wetland C wetland fill P
3520 sq. ft.
(0.0808 ac.)N/A
Type 1
Seasonally
Flooded Basin
Scott, 33, 9
Wetland E wetland fill P
511 sq. ft.
(0.0117 ac.)N/A
Type 1
Seasonally
Flooded Basin
Scott, 33, 9
1If impacts are temporary; enter the duration of the impacts in days next to the “T”. For example, a project with a temporary access fill that
would be removed after 220 days would be entered “T (220)”.
2Impacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the
nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact
along the flowline of the stream followed by the area impact in parentheses). For example, a project that impacts 50 feet of a stream that is 6
feet wide would be reported as 50 ft (300 square feet).
3This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp. 8, otherwise enter “N/A”.
4Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3rd Ed. as modified in MN Rules 8420.0405 Subp. 2.
5Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp. 7.
If any of the above identified impacts have already occurred, identify which impacts they are and the circumstances associated
with each:
1 The term “impact” as used in this joint application form is a generic term used for disclosure purposes to identify
activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to
indicate whether or not those activities may require mitigation/replacement.
Project Name: Parkwood Estates, Prior Lake
Attachment C
Avoidance and Minimization
and Additional Information
Project Purpose, Need, and Requirements. Clearly state the purpose of your project and need for your project. Also include a
description of any specific requirements of the project as they relate to project location, project footprint, water management,
and any other applicable requirements. Attach an overhead plan sheet showing all relevant features of the project (buildings,
roads, etc.), aquatic resource features (impact areas noted) and construction details (grading plans, storm water management
plans, etc.), referencing these as necessary:
CNC Development is proposing a new single‐family residential development called Parkwood Estates in the City of
Prior Lake. This proposed development will be located northwest of Mushtown Road in the southern part of the City
(Figure 1). The Parkwood Estates development will include 55 single‐family lots with associated roads, site amenities,
and storm water facilities as well as preserved higher‐quality deciduous woodlands and wetlands.
The site itself covers approximately forty‐six acres of land that consists of a single residence with outbuildings,
deciduous woodlands, areas of mixed native and non‐native grassland, agricultural land currently in hay production,
and ten wetland areas (Figure 2). Access for the site is planned via the extension of Fish Point Road from the north
of the property to the southwest where it will connect to Mushtown Road. The project‘s construction will consist of
site grading for infrastructure including: roads, utilities, three storm water facilities, and building pads. Construction
is expected to begin in 2021 and will continue until fully built. Project plans that include the preliminary plat exhibits
for the proposed Parkwood Estates development are included in Appendix A.
The need for this project is based on the expanding residential housing market in the City of Prior Lake as well as
availability to public infrastructure. Expected housing market growth in this part of Prior Lake will be met with new
residential development including the proposed Parkwood Estates development. The City of Prior Lake has planned
for expanded growth in this part of the City.
Existing Wetland Resources On‐Site
Wetlands within the proposed Parkwood Estates development (formerly known as the Radanke Property) were
delineated and documented in a report submitted by Midwest Natural Resources, Inc. on August 14th (updated
October 21st),, 2020 (Appendix C). The wetlands were reviewed by the LGU (City of Prior Lake and their wetland
consultant WSB) and approved by the Technical Evaluation Panel in the attached Notice of Decision dated October
26th, 2020 (Appendix D). Ten wetlands were delineated within the Parkwood Estates site and are designated as
Wetlands A‐I. The following is a description of Wetlands C and E, the two wetlands proposed to be permanently
impacted for the project.
Wetland C
Wetland C is a Type 1 (PEMA; Seasonally Flooded Basin) wetland located in the southcentral part of the Parkwood
Estates site and is 0.0808 acre (3520 sq. ft.) in area. Half or more of this wetland had been hayed this year with most
years it being farmed through or around. Plant species documented at the wetland sample point for Wetland C
includes reed canary grass (Phalaris arundinacea), bald spikerush (Eleocharis erythropoda), and American water
plantain (Alisma subcordatum).
One wetland impact is being proposed directly to Wetland C that includes permanently filling the whole wetland
(0.0808 ac./3,520 sq. ft.). This impact will be the result of grading associated with construction of Street C as well as
site grading in this part of the site.
Wetland E
Wetland E is a Type 1 (PEMA; Seasonally Flooded Basin) wetland located just north of Wetland D and is 0.0117 acre
(511 sq. ft.) in area. All of this wetland had been hayed this year and in previous years has been farmed through with
row crops. Plant species documented at the wetland sample point for Wetland E includes lady’s‐thumb (Persicaria
maculosa), bald spikerush (Eleocharis erythropoda), and fox sedge (Carex vulpinoidea).
One wetland impact is being proposed directly to Wetland E that includes permanently filling the whole wetland
(0.0117 ac./511 sq. ft.). This impact will be the result of grading associated with Fish Point Road, the sidewalk
associated with this road, and site grading in this part of the proposed development.
Avoidance. Both the CWA and the WCA require that impacts to aquatic resources be avoided if practicable alternatives exist.
Clearly describe all on‐site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives
that avoid all impacts to aquatic resources on the site. These alternatives may include alternative site plans, alternate sites, and/or
not doing the project. Alternatives should be feasible and prudent (see MN Rules 8420.0520 Subp. 2 C). Applicants are encouraged
to attach drawings and plans to support their analysis:
In general, a total avoidance alternative would result in the failure to meet the demand for this type of residential
development in this part of the City of Prior Lake by reducing or eliminating the usability and accessibility of the site.
The reduction or elimination of potential residential development of the site is in conflict with the current zoning of
the property. As less land is available within the City to build this type of development, the ability to avoid Wetland
C and E became difficult when faced with extending Fish Point Road through the development to an allowable touch‐
down point that meets road spacing requirements along Mushtown Road.
Wetland C
Total Wetland Avoidance Build Alternative
Due to the location of Wetland C within the Parkwood Estates site, the proposed location and elevations of Street
C, site grading, and overall site topography, a total wetland avoidance alternative was not possible. Street C is
proposed to be constructed in order to provide reasonable access to the homes in this part of the development from
Fish Point Road as well as to provide a future road connection to the property located south of the site for if and
when future development may take place.
To avoid direct impacts to Wetland C, an alternative site design was considered that shifted Street C to the north
and not developing Lots 4 and 5, Block 4. Although this alternative may avoid direct impacts to Wetland C, indirect
impacts would still take place by reducing much of the wetland’s watershed. Grading would be proposed around
three of the four sides of the wetland and stormwater runoff that typically would flow into this wetland would be
redirected to storm water facilities instead. This alternative results in the lots north of Street C to shift further to the
north which would either reduce the volume of the proposed storm water pond to a level that would not meet the
site’s storm water volume requirements or would end up shifting the pond to the west and into Wetland G, a higher
quality wetland than Wetland C.
Wetland E
Total Wetland Avoidance Build Alternative
Due to the location of Wetland E within the Parkwood Estates site, the proposed alignment of Fish Point Road
through the site to Mushtown Road, site grading, and overall site topography, a total wetland avoidance alternative
was not possible. Fish Point Road is a collector street that will be extended from its current location through the site
to where it will connect to Mushtown Road. In order for safe road curvatures to be maintained for this collector
street as well as the predetermined location of the touch down point along Mushtown Road, all of Wetland E will
need to be permanently impacted. Wetland E is being directly impacted by the construction of Fish Point Road, the
sidewalk along the north side of this proposed road, and site grading in this part of the development. The City is
requiring that Fish Point Road be extended through the site to Mushtown Road to provide safe traffic flow within
this part of Prior Lake and the proposed Parkwood Estates development. The proposed location of the touch down
point for the Fish Point Road connection to Mushtown Road is being planned in its current location in order to be in
compliance with the road spacing requirements along Mushtown Road.
To avoid direct impacts to Wetland E, an alternative site design was considered that terminated Fish Point Road with
two cul‐de‐sacs located on both sides of this wetland as well as not developing Lots 4, 5 & 6, Block 2. Although this
alternative may avoid direct impacts to Wetland E, it would not be allowed by the City since Fish Point Road is
required to be extended through the site as a collector street and not constructed with cul‐de‐sacs. In addition to
this, in order for site drainage for Fish Point Road and the surrounding area of Wetland E to work across the site,
approximately four feet of fill needs to be placed where Wetland E is located. The fill is needed in this part of the
site for site grading to direct stormwater runoff to the storm water pond that is going to be located in the central
part of the site along the southern edge of Fish Point Road.
No Action Alternative
The no action alternative would result in a failure to meet the purpose and need of the proposed project. The
applicant considers this alternative infeasible since the proposed land use in this part of Prior Lake is being planned
for residential growth and would not be reasonable for the investment‐backed expectations of the applicant or
meeting the growing demand for single‐family residential housing in Prior Lake. Therefore, the no action alternative
is not a viable consideration.
Minimization. Both the CWA and the WCA require that all unavoidable impacts to aquatic resources be minimized to the greatest
extent practicable. Discuss all features of the proposed project that have been modified to minimize the impacts to water
resources (see MN Rules 8420.0520 Subp. 4):
The Applicant has considered minimizing wetland impacts to the degree possible, given the constraints posed by the
proposed alignment and extension of Fish Point Road through the development to where it will connect to
Mushtown Road as well as existing and proposed site grades. Efforts to minimize impacts to wetland resources on‐
site focused on avoiding impacts to any of the larger wetland areas as well as not developing all of the eastern part
of the site. In Appendix B, a Site Impact Exhibit shows the far eastern part of the property being developed which
would result in a wetland impact to the wetland area between Wetlands G and H. The current proposed site plan no
longer shows developing this part of the site and as a result, will not be impacting that wetland area.
Another effort to minimize wetland impact across the site was the decision to construct a shared driveway for two
lots (Lots 10 & 11, Block 3) in the far eastern part of the proposed development. In order to plat two lots in this part
of the site, a shared driveway is being proposed to avoid wetland impact to Wetland H. If each of these two lots had
their own driveway, the driveway for Lot 10 would result in impacting part of the southern edge of Wetland H.
Additional Information
BMP’s.
Wetland areas not being impacted on‐site will be protected by erosion control fence during the construction phase
of the development. All disturbed areas will be seeded and mulched. Slopes over 3:1 will be seeded and blanketed.
Other Permits or Approvals Required: MPCA General Stormwater Permit
MPCA Sanitary Sewer Extension Permit
City of Prior Lake ‐ Preliminary and Final Plat Approval
City of Prior Lake Grading Permit
Scott County Public Works‐ Entrance Permit
Proposed Wetland Mitigation
Wetland mitigation being proposed for permanently impacting Wetland C and E will involve the purchase of 8,062 sq.
ft. of standard wetland credit from wetland bank #1468 which is located within the same Major Watershed (Minnesota
(Shakopee) – 33) and Bank Service Area (9) as the subject property. This action should satisfy any mitigation
requirements for the wetland being impacted within the proposed Parkwood Estates development.
Project Name: Parkwood Estates, Prior Lake
Attachment D
Replacement/Compensatory Mitigation
Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road
wetland replacement program. Applicants should consult Corps mitigation guidelines and WCA rules for requirements.
Replacement/Compensatory Mitigation via Wetland Banking. Complete this section if you are proposing to use credits from an
existing wetland bank (with an account number in the State wetland banking system) for all or part of your
replacement/compensatory mitigation requirements.
Wetland Bank
Account # County Major
Watershed #
Bank
Service
Area #
Credit Type
(if applicable) Number of Credits
1468 Le Sueur 33‐Minnesota
(Shakopee)
9 SWC 8,062 sq. ft.
(0.1851 ac.)
Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at least
a tentative agreement to utilize the identified credits for the project. This documentation could be a signed purchase agreement,
signed application for withdrawal of credits or some other correspondence indicating an agreement between the applicant and the
bank owner. However, applicants are advised not to enter into a binding agreement to purchase credits until the mitigation plan is
approved by the Corps and LGU.
Currently no wetland banking credits are available within the same minor watershed (Credit River‐33123) as the
proposed Parkwood Estates project area. Several wetland banks are located in the same major watershed
(Minnesota (Shakopee), 33).
Banks #1468, which is located in the same major watershed as the site, will be able to provide the needed standard
wetland credit for this project. The applicant is proposing to purchase the needed wetland banking credits from
wetland bank #1468 in order to satisfy the mitigation requirements associated with this proposed residential
development project.
Contact has been made with the manager of wetland bank #1468 in May of 2021 to discuss credit availability for the
purchase of needed standard wetland credit for the project. Based on the amount of wetland banking credit required
for the mitigation associated with this project, wetland bank #1468 will be able to provide the total amount of
standard wetland credit needed.
A purchase agreement with wetland bank #1468 will be drafted and executed following final approval of this permit
application by the LGU in order to secure the needed wetland banking credits for this project.
Applicant or Representative:
Ken Arndt Title: Wetland Specialist
Signature:
Date: 5‐28‐21
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ParkSite LocationParkwood EstatesCNC Development VII, LLCPrior Lake, MN
Figure 1
´Site Boundary (46 ac.)
Municipal Boundary
Roads (Scott County)
Photo Source: 2020 color 7-county
0 0.5 1Miles
Delineated WetlandsParkwood EstatesCNC Development VII, LLCPrior Lake, MN
Figu re 2
´Site Boun dar y (46 ac.)
Delin eated Wetlan d Lin e
Excavated Chan nel
Photo Source: 2020 color 7-county
0 250 500Feet
Wetland A0.86 ac.
Wetland B0.93 ac.
Wetland G0.96 ac.
Wetland E0.01 ac.
Wetland C0.07 ac.
Wetland D1.38 ac.
Wetland J0.00009 ac.
Wetland I1.12 ac.
Wetland H1.81 ac.
Wetland F0.32 ac.
Appendix B – Wetland Impact Exhibit
&
Site Impact Exhibit (80’ Wide Lots)
Appendix D – Notice of Decision and
Approved Jurisdictional Determination
BWSR NOD Form – November 12, 2019 1
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit: City of Prior Lake County: Scott
Applicant Name: CNC Development II (Bill Ryan) Applicant Representative: MNR (Ken Arndt)
Project Name: Radanke Property LGU Project No. (if any): 16725
Date Complete Application Received by LGU: September 16, 2020
Date of LGU Decision: October 26, 2020
Date this Notice was Sent: October 26, 2020
WCA Decision Type - check all that apply
☒ Wetland Boundary/Type ☐ Sequencing ☐ Replacement Plan ☐ Bank Plan (not credit purchase)
☐ No-Loss (8420.0415) ☐ Exemption (8420.0420)
Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9
Replacement Plan Impacts (replacement plan decisions only)
Total WCA Wetland Impact Area:
Wetland Replacement Type: ☐ Project Specific Credits:
☐ Bank Credits:
Bank Account Number(s):
Technical Evaluation Panel Findings and Recommendations (attach if any)
☒ Approve ☐ Approve w/Conditions ☐ Deny ☐ No TEP Recommendation
LGU Decision
☒ Approved with Conditions (specify below)1 ☐ Approved1 ☐ Denied
List Conditions: Submit GIS shapefile of approved boundary.
Decision-Maker for this Application: ☒ Staff ☐ Governing Board/Council ☐ Other:
Decision is valid for: ☒ 5 years (default) ☐ Other (specify):
1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project -
specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been reco rded on
the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid.
LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1.
☒ Attachment(s) (specify): Approved boundary figure
☒ Summary: Ten wetlands were identified within the project area. The project was reviewed by the TEP
on October 13, 2020. One adjustment was recommended by the TEP that adjust a wetland boundary near
an excavated channel. This revision was completed, and an updated boundary figure was submitted and
approved.
1 Findings must consider any TEP recommendations.
Attached Project Documents
☒ Site Location Map ☐ Project Plan(s)/Descriptions/Reports (specify):
BWSR NOD Form – November 12, 2019 2
Appeals of LGU Decisions
If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you
received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director
along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified
below. The check must be sent by mail and the written request to appeal can be submitted by mail or e -mail.
The appeal should include a copy of this notice, name and contact information of appellant(s) and their
representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why
the decision is in error. Send to:
Appeals & Regulatory Compliance Coordinator
Minnesota Board of Water & Soils Resources
520 Lafayette Road North
St. Paul, MN 55155
travis.germundson@state.mn.us
Does the LGU have a local appeal process applicable to this decision?
☒ Yes1 ☐ No
1If yes, all appeals must first be considered via the local appeals process.
Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable)
Send a petition to: City of Prior Lake, 4646 Dakota Street SE, Prior Lake, MN 55372
Notice Distribution (include name)
Required on all notices:
☒ SWCD TEP Member: Collin Schoenecker ☒ BWSR TEP Member: Ben Carlson
☒ LGU TEP Member (if different than LGU contact): Alison Harwood, WSB
☒ DNR Representative: Melissa Collins
☒ Watershed District or Watershed Mgmt. Org.: Scott WMO (Vanessa Strong)
☒ Applicant: Bill Ryan ☒ Agent/Consultant: MNR (Ken Arndt)
Optional or As Applicable:
☐ Corps of Engineers:
☐ BWSR Wetland Mitigation Coordinator (required for bank plan applications only):
☐ Members of the Public (notice only): ☐ Other:
Signature: Date:
10/26/2020
This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a
summary of the application to members of the public upon request per 8420.0255, Subp. 3.
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
180 FIFTH STREET EAST, SUITE 700
ST. PAUL, MN 55101-1678
SEPTEMBER 3, 2020
Regulatory File No. MVP-2020-01505-DCR
CNC Development VII, LLC
c/o Bill Ryan
3000 County Rd 42, Suite 200
Burnsville, MN 55337
Dear Mr. Ryan:
This letter regards an approved jurisdictional determination for the Radanke Property. The
project site is in Section 11 & 12, Township 114 North, Range 22 West, Scott County,
Minnesota. The review area for our jurisdictional determination is identified as Wetlands A, B, C,
D, E, F, G, H, and J on the enclosed figures labeled MVP-2020-01505-DCR Page 1 of 2
through 2 of 2.
The review area, Wetlands A, B, C, D, E, F, G, H, and J, contains no waters of the United
States subject to Corps of Engineers (Corps) jurisdiction. Therefore, you are not required to
obtain Department of the Army authorization to discharge dredged or fill material within this
area. The rationale for this determination is provided in the enclosed Approved Jurisdictional
Determination form. This determination is only valid for the review area described. You are also
cautioned that the area of waters described on the enclosed Jurisdictional Determination form is
approximate and is not based on a precise delineation of aquatic resources.
If you object to this approved jurisdictional determination, you may request an administrative
appeal under Corps regulations at 33 CFR 331. Enclosed you will find a Notification of Appeal
Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination, you must submit a completed RFA form to the Mississippi Valley Division Office
at the address shown on the form.
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR 331.5, and that it has been received
by the Division Office within 60 days of the date of the enclosed NAP. It is not necessary to
submit an RFA form to the division office if you do not object to the determination in this letter
This approved jurisdictional determination may be relied upon for five years from the date of
this letter. However, the Corps reserves the right to review and revise the determination in
response to changing site conditions, information that was not considered during our initial
review, or off-site activities that could indirectly alter the extent of wetlands and other resources
on-site. This determination may be renewed at the end of the five year period provided you
submit a written request and our staff are able to verify that the limits established during the
original determination are still accurate.
Regulatory Branch (File No. MVP-2020-01505-DCR)
Page 2 of 2
If you have any questions, please contact me in our La Crescent office at
(651) 290-5900 or daniel.c.reburn@usace.army.mil. In any correspondence or inquiries, please
refer to the Regulatory file number shown above.
Sincerely,
Dan Reburn
Project Manager
Enclosures
cc:
Ken Arndt (Midwest Natural Resources, Inc.)
Anna Hotz (MPCA)
Pete Young (LGU)
Ben Carlson (BWSR)
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Property Boundary (appx. 46 ac.)
¯
Site Location
Radanke Property
Prior Lake, MN
00.510.25
Miles Figure 1
Source: 2019 NAIP ortho
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Source: 2019 NAIP ortho
Delineated Wetlands
Radanke Property
Prior Lake, MN
Wetland Pin Flag Location
Delineated Wetland Line (MNR)
Transect
2' Contour (LiDAR)
Survey Area (appx.46 ac.)
Wetland A
0.86 ac.
Wetland B
0.93 ac.
Wetland G
0.96 ac.Wetland E
0.01 ac.
Wetland C
0.07 ac.Wetland D
1.38 ac.
Wetland J
0.00009 ac.
Wetland I
1.12 ac.
Wetland H
1.81 ac.
Wetland F
0.37 ac.
Excavated Channel
093'&53DJHRI
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Page 1 of 2 Form Version 10 June 2020_updated
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 9/3/2020
ORM Number: MVP-2020-01505-DCR
Associated JDs: N/A
Review Area Location1: State/Territory: MN City: Prior Lake County/Parish/Borough: Scott
Center Coordinates of Review Area: Latitude 44.695629 Longitude -93.419728
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
܆ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale.
܆ There are “navigable waters of the United States” within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section II.B).
܆ There are “waters of the United States” within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
܈ There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
§ 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination
N/A. N/A. N/A N/A. N/A.
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3
(a)(1) Name (a)(1) Size (a)(1) Criteria Rationale for (a)(1) Determination
N/A. N/A. N/A. N/A. N/A.
Tributaries ((a)(2) waters):
(a)(2) Name (a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination
N/A. N/A. N/A. N/A. N/A.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):
(a)(3) Name (a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination
N/A. N/A. N/A. N/A. N/A.
Adjacent wetlands ((a)(4) waters):
(a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination
N/A. N/A. N/A. N/A. N/A.
1 Map(s)/figure(s) are attached to the AJD provided to the requestor.
2 If the navigable water is not subject to the ebb and flow of the tide or included on the District’s list of Rivers and Harbors Act Section 10 navigable
waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to
make a Rivers and Harbors Act Section 10 navigability determination.
3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific
segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-
alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form.
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Page 2 of 2 Form Version 10 June 2020_updated
D. Excluded Waters or Features
Excluded waters ((b)(1) – (b)(12)):4
Exclusion Name Exclusion Size Exclusion5 Rationale for Exclusion Determination
Wetland A
Wetland B
Wetland C
Wetland D
Wetland E
Wetland F
Wetland G
Wetland H
Wetland J
0.86
0.93
0.07
1.38
0.01
0.37
0.96
1.81
0.00009
acre(s) (b)(1) Non-
adjacent wetland.
The wetlands do not abut at least one point or
side of, a paragraph (a)(1)-(3) water. Based on
the USGS and elevation contours it would not be
flooded by an (a)(1)-(3) water in a typical year.
The wetlands are not abutting or adjacent to a
jurisdictional tributary. The wetlands are not
jurisdictional under the Navigable Waters
Protection Rule and Clean Water Act.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
܈ Information submitted by, or on behalf of, the applicant/consultant: Wetland Delineation Report:
Radanke Property dated August 14, 2020
This information is sufficient for purposes of this AJD.
Rationale: N/A
܆ Data sheets prepared by the Corps: Title(s) and/or date(s).
܈ Photographs: Aerial: Google Earth accessed September 1, 2020
܆ Corps site visit(s) conducted on: Date(s).
܆ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
܆ Antecedent Precipitation Tool: provide detailed discussion in Section III.B.
܆ USDA NRCS Soil Survey: Title(s) and/or date(s).
܈ USFWS NWI maps: NWI accessed via ORM on September 1, 2020
܈ USGS topographic maps: 1:24K Prior Lake
Other data sources used to aid in this determination:
Data Source (select) Name and/or date and other relevant information
USGS Sources N/A.
USDA Sources N/A.
NOAA Sources N/A.
USACE Sources N/A.
State/Local/Tribal Sources MnTOPO state topography information
Other Sources N/A.
B. Typical year assessment(s): N/A
C. Additional comments to support AJD: N/A
4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district
to do so. Corps districts may, in case-by-case instances, choose to identify some or all of these waters within the review area.
5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1)
exclusion, four sub-categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categories are not
new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Bill Ryan File No.: MVP-2020-01505-DCR Date: 9/3/20
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional
information may be found at http://usace.army.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
x OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
x APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
x ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary
JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate
the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal
process you may contact:
Dan Reburn (Project Manager)
La Crescent Field Office
1114 South Oak St.
La Crescent, MN 55947
651.290.5900
Daniel.c.reburn@usace.army.mil
If you only have questions regarding the appeal process you may
also contact the Division Engineer through:
Administrative Appeals Review Officer
Mississippi Valley Division
P.O. Box 80 (1400 Walnut Street)
Vicksburg, MS 39181-0080
601-634-5820 FAX: 601-634-5816
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
_______________________________
Signature of appellant or agent.
Date: Telephone number: