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Home My WebLink AboutConservationDesignReport_Southways 1400 Bracketts Pt Rd_171213 Southways – 1400 Bracketts Point Road City of Orono, Hennepin County, Minnesota Conservation Design Application Prepared for James and Mary Jundt by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2017-170) December 13, 2017 Southways – 1400 Bracketts Point Road City of Orono, Hennepin County, Minnesota Conservation Design Application TABLE OF CONTENTS 1. INTRODUCTION.........................................................................................................1 Project Description and Location ...............................................................................1 Intention and Requirements .......................................................................................1 2. RESPONSE TO REQUIREMENTS AND PROCEDURES.....................................1 Goals and Policies ......................................................................................................1 Rural Oasis Study .......................................................................................................2 Natural Resources Inventory ......................................................................................3 3. CONSERVATION DESIGN MASTER PLAN..........................................................4 Consider Existing Drainage Systems .........................................................................4 Establish Stormwater Management System ...............................................................4 Remove Invasive Species and Diseased Trees ...........................................................4 Protect Significant Tree Stands and Woodlands ........................................................4 Protect Wetlands and Augment Buffers .....................................................................4 Justify and Mitigate Impacts to Ecological Communities .........................................5 Maintain Ecological Connections ..............................................................................5 Maintain and Protect Positive Views .........................................................................5 Preserve or Reinterpret Landmarks ............................................................................5 4. DENSITY BONUS ........................................................................................................5 5. LONG-TERM PRESERVATION ...............................................................................5 FIGURES 1. Site Location 2. Minnesota Land Cover Classification System 3. No Wetlands Investigation 4. MCWD Wetland Management Classifications 5. Ecologically Significant Areas and Natural Resource Corridors APPENDICES A. Rural Oasis Study Corridor Photographs B. Minnesota Land Cover Classification System C. Tree Survey D. No Wetlands Determination Report and Agency Correspondence E. Topographic Survey and Drainage Map F. Proposed Grading Plan and Landscape Plan 1 Southways – 1400 Bracketts Point Road City of Orono, Hennepin County, Minnesota Conservation Design Application 1. INTRODUCTION Project Description and Location James and Mary Jundt are proposing a five-lot single-family residential development in the City of Orono. The 12.72-acre Southways property is located at 1400 Bracketts Point Road, in the SW ¼ of Sections 11, Township 117 North, Range 22 West, City of Orono, Hennepin County, Minnesota. The site is situated south of Shoreline Drive (CSAH 15) on a peninsula that juts out into Lake Minnetonka (Figure 1). The property corresponds to Hennepin County PID 11-117- 23-32-0020. The existing site is a single residential estate lot with a paved driveway, a large home, a caretaker’s/maintenance building, greenhouse, tennis court, veranda, swimming pool, and landscaped planting beds. The property is bordered on the east and west by Lake Minnetonka and the north and south by large residential lakeshore lots. Intention and Requirements This application is submitted to demonstrate compliance with the City of Orono Conservation Design Ordinance, which is intended to preserve and enhance the ecological/aesthetic character of development areas. The site is proposed for development as a Conservation Design in accordance with Sections 78-1631 through 78-1640 and Section 82-300 of the Orono Municipal Code. Conservation Design Master Planning is required because the total project area is greater than five acres. Conservation Design requirements include: 1. protection and enhancement of drainageways and water quality; 2. protection and enhancement of ecological communities; 3. reinforcement and establishment of ecological connections; 4. augmentation and preservation of viewsheds; 5. preservation and improvement of views; and 6. preservation or reinterpretation of local landmarks. 2. RESPONSE TO REQUIREMENTS AND PROCEDURES Goals and Policies Conservation Design requires response to the Goals and Policies for Environmental Protection and Natural Resource Management, as established in the Orono Community Management Plan, and to the recommendations contained within the Orono Natural Resources Inventory. Southways – 1400 Bracketts Point Road Conservation Design Application 2 The project is consistent with applicable Environmental Protection provisions set forth in the City of Orono 2010-2030 Community Management Plan. These goals include: • Preserve marshlands, wetlands and natural drainage systems; • Manage surface water to protect the City from flooding and pollution; • Preserve native woodlands when possible; • Protect and preserve natural habitats; and • Protect land from soil erosion. The project is also consistent with applicable Policies for Natural Resource Management set forth in the City of Orono 2010-2030 Community Management Plan. Relevant policies include: • Favoring natural drainageways and retention of runoff over storm sewers where feasible; • Protection and preservation of wetlands and marshlands; • Protection of lake resources, allowing reasonable access while preventing overcrowding; • Protection of lake shorelines and lake beds from alteration; • Restriction of floodplain development and alterations; • Protection of wetlands includes protection of adjacent upland buffers; • Inclusion of natural resource investigation as part of this development proposal; • Inclusion of on-site water retention facilities as part of this development plan; • Inclusion of erosion control as part of this development plan; • Application of erosion control BMPs to land alterations; and • Adherence to Conservation Design principles. Rural Oasis Study Conservation Design requires response to the Rural Oasis Study contained in the City of Orono 2010-2030 Community Management Plan. The proposed project is located on a peninsula that extends out into Lake Minnetonka. Due to its location, the site is has limited to zero visibility from arterial and collector roadways. The project area does not fall within or adjacent to a corridor documented in the Orono Rural Oasis Study. The nearest roadway for which a corridor analysis similar to those in the Rural Oasis Study could be prepared is Shoreline Drive (CSAH 15). The project area is located approximately 550 feet south of a wooded stretch of Shoreline Drive. This part of Shoreline Drive has varied corridor enclosure due to the presence of adjacent homes that break up the forested border of the roadway. Review of site conditions and photographs available on Google Street View (Appendix A) indicate the proposed project will not appreciably change the viewshed, visibility of landmarks, or aesthetic character of Shoreline Drive. Southways – 1400 Bracketts Point Road Conservation Design Application 3 Natural Resources Inventory MLCCS Data Minnesota Land Cover Classification System (MLCCS) data, Level 1 assessment shows the site mapped as artificial surfaces and associated areas and planted or cultivated vegetation. The MLCCS Leve 3 assessment shows the site mapped as short grasses and mixed trees, short grasses with sparse tree cover on upland soils, and short grasses on upland soils (Figure 2, Appendix B). Field observations indicate plant communities on the site are consistent with these classifications, as the site generally consists of manicured lawn, deciduous shade trees, planted conifers, buildings, and paved areas. Tree Survey A survey of significant trees measuring at least six inches in diameter at breast height (DBH) was completed for the property. Significant tree locations, tag numbers, species, and associated tree attributes are presented in Appendix C. Wetland Inventory The property was inspected in the field for wetlands on September 27, 2017. This investigation did not find areas on the site with hydrophytic vegetation or wetland hydrology. Areas mapped as partially hydric and predominantly hydric soils did not support wetlands. A No Wetlands Determination Report was submitted to the Minnehaha Creek Watershed District (MCWD) and the U.S. Army Corps of Engineers (USACE) on October 13, 2107. MCWD staff reviewed the site in the field on November 7, 2017 and provided a notice of decision documenting concurrence with the no wetlands determination on December 12, 2017. The USACE provided written concurrence that the site does not include aquatic resources subject to USACE jurisdiction on November 27, 2017. Figure 3 documents the no wetlands investigation. The No Wetlands Determination Report and agency concurrence are included in Appendix D. The MCWD wetland management classification for wetland on a neighboring property is shown on Figure 4. Topographic Survey and Existing Drainage Patterns Gronberg & Associates completed a topographic survey of the property. Although the site generally drains to overland to Lake Minnetonka, the southern part of the includes three storm sewer surface inlets that enhance drainage (Figure 3). The existing storm sewers presumably drain to Lake Minnetonka. The topographic survey and existing drainage patterns are shown in Appendix E. Orono Natural Resources Inventory Recommendations The property does not include any areas that are the subject of recommendations set forth in the Orono Natural Resources Inventory. The site does not include conceptual greenways, natural resource corridors, plant communities mapped by the Minnesota DNR Biological Survey, natural areas with potential for rare species, wetlands, or sites to consider for proactive management and protection. The nearest ecologically significant areas and natural resource corridors are shown on Figure 5. Southways – 1400 Bracketts Point Road Conservation Design Application 4 3. CONSERVATION DESIGN MASTER PLAN Consider Existing Drainage Systems Existing drainage includes a combination of overland flow toward Lake Minnetonka and limited areas that drain to surface storm sewer inlets. After project construction, runoff will generally follow existing drainage patterns, but drainage from new impervious surfaces will be directed to stormwater treatment or infiltration basins prior to discharge to Lake Minnetonka. The existing drainage system is shown on Figure 3 and in Appendix E. The proposed drainage system is shown in Appendix F. Establish Stormwater Management System Stormwater will be managed in compliance with local, state, and federal regulations to provide rate, volume, and sediment control as shown on the Proposed Grading Plan (Appendix F). The project includes design elements that minimize effects of stormwater runoff on water quality and quantity, including ponding/infiltration basins, realignment of part of Bracketts Point Road away from the shoreline, removal of caretaker’s buildings near Lake Minnetonka, relocation of sanitary sewer away from the lake, limiting soil disturbance and grading, and construction of new homes to comply with lakeshore setback and impervious surface ratio limits. Remove Invasive Species and Diseased Trees Dead, damaged, and diseased trees will be removed during site redevelopment. Invasive species on the site are limited to creeping Charlie, aka ground ivy, which occurs in turf areas. Limited site grading will remove creeping Charlie from some areas during site redevelopment. Graded areas that are not paved for street realignment or other purposes will be established with new lawn and landscaping. Protect Significant Tree Stands and Woodlands Significant trees will be protected and preserved to the extent feasible. Some tree removal will be required to install the new street, utilities, and homes. Little to no tree removal is expected within 75 feet of Lake Minnetonka. Approximately 77 of the 360 surveyed trees (21%) will be removed during site redevelopment. The Landscaping Plan provides for planting of 61 trees as mitigation for tree removal. The tree inventory is included in Appendix C and the Grading and Landscape Plans are presented in Appendix F. Protect Wetlands and Augment Buffers The proposed project will not impact existing wetlands or wetland buffers. The project will maintain existing vegetation along the shoreline of Lake Minnetonka. New homes will conform to lakeshore setback and impervious surface ratio requirements. Part of Bracketts Point Road will be realigned, and the caretaker’s structures near Lake Minnetonka will be removed and replaced with a stormwater basin (see Appendices E and F). Southways – 1400 Bracketts Point Road Conservation Design Application 5 Justify and Mitigate Impacts to Ecological Communities The site does not include rare or sensitive ecological communities. The project will minimize ecological and water quality impacts to the extent feasible by routing paved roadways away from the Lake Minnetonka shoreline where feasible and removing the caretaker’s buildings that currently exist near the shoreline. Mitigation will include new stormwater treatment basins and planting 61 trees. Maintain Ecological Connections The site does not include conceptual greenways, natural resource corridors, sensitive plant communities mapped by the Minnesota DNR Biological Survey, natural areas with potential for rare species, wetlands, or sites to consider for proactive management and protection (Figure 5, Appendix B). Maintain and Protect Positive Views The nearest collector roadway with positive views is Shoreline Drive (CSAH 15). Other nearby positive views are available to watercraft from Lake Minnetonka. The site does not fall within the viewshed of Shoreline Drive, as views from the nearest stretch of this roadway include only adjacent trees and homesteads. Positive views from Lake Minnetonka will be maintained and protected by preserving most or all trees near the shoreline. Preserve or Reinterpret Landmarks The existing Jundt home and the shoreline of Lake Minnetonka may be considered landmarks by those who engage in pleasure boating on sightseeing on the lake. These potential landmark features will be preserved during site redevelopment. 4. DENSITY BONUS The proposed project has a net density of one residential unit per 2.54 acres and therefore density bonus is not required. 5. LONG-TERM PRESERVATION Proposed stormwater management features will be contained within drainage and utility easements to ensure their long-term preservation and maintenance. The project area and design do not include other elements known to require long-term protection or maintenance. Southways – 1400 Bracketts Point Road Conservation Design Application FIGURES 1. Site Location 2. Minnesota Land Cover Classification System 3. No Wetlands Investigation 4. MCWD Wetland Management Classifications 5. Ecologically Significant Areas and Natural Resource Corridors Figure 1 - Site Location Southways - 1400 Bracketts Point Road (KES 2017-170)Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 1,500 Feet Project Boundary Source: ESRI Streets Basemap Figure 2 - Minnesota Land Cover Classification System Southways - 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 200 Feet Land Cover Classification Buildings with 91-100% impervious cover Limnetic open water Other exposed/transitional land with 0-10% impervious cover Short grasses and mixed trees with 11-25% impervious cover Short grasses on upland soils Short grasses with sparse tree cover on upland soils !( !( !(!( 92 6 92 8 93 0 93 2 9349369389409429449469489509529549569 3 4 9569 4 8 9 3 4 9 5 4930 9329349 5 29449509269329429469509329 5 2934 950936938928932952 Figure 3 - No Wetlands Investigation Southways - 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 250 Feet Project Boundary Retaining Wall Hennepin County Lidar !(Storm Drain Inlet !(Sample Point Source: MnGeo, ESRI Imagery Basemap Sample Point A Figure 4 - MCWD Wetland Management Classifications Southways - 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 300 Feet Source: MCWD Management Class Manage 3 Figure 5 - Ecologically Significant Areas and Natural Resource Corridors Southways - 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 1,000 Feet Natural Resource Corridors Ecologically Significantly Areas Score 1 - Low 2 - Medium 3 - High Southways – 1400 Bracketts Point Road Conservation Design Application APPENDIX A Rural Oasis Study Corridor Photographs Conservation Design Application Rural Oasis Study Corridor Photographs View from Shoreline Drive (CSAH 15) looking west (from Google Street View) View from Shoreline Drive (CSAH 15) looking east (from Google Street View) Southways – 1400 Bracketts Point Road Conservation Design Application APPENDIX B Minnesota Land Cover Classification System City of Orono Land Cover Classification and Natural Resource Inventory 19 March 2006 City of Orono Land Cover Classification and Natural Resource Inventory 20 March 2006 City of Orono Land Cover Classification and Natural Resource Inventory 21 March 2006 City of Orono Land Cover Classification and Natural Resource Inventory 23 March 2006 City of Orono Land Cover Classification and Natural Resource Inventory 9 March 2006 City of Orono Land Cover Classification and Natural Resource Inventory 23 March 2006 Southways – 1400 Bracketts Point Road Conservation Design Application APPENDIX C Tree Survey 9 8 7 6 5 4 32 1 58 565951 52 47 46 5744 494360 42 41 98 99 92 96 88 97 89 91 95879086 93 83 82 8584 75 73 72 71 70 78 79 76 66 77 74 65 69 68 64 67 80 63 62 61 39 38 403735 33323130 28 2726 29 24 23 222120 1918 17 1615 12 360 359 358 357 356 355 354353 352 351 334 332 305 333 326336 331330 308 328 324 315 304 301 309 311 317 316 334271 281 275251268296 300 254283280 294 299 295 274298 293 125124 123122121 114 112 113 110108107119118120 117116 109115 106105 104 103 102101 100 325 321 313 310 310318 322 323 342 347320 345 341 312 306 302303 344 307 327329 348350 339264 260255285290265 256282297269 289 287 284 257288277197 203 198 199 200 195194193192189 188187 186 209 208 210 212 213215 216217 218 219 220 221 222 223 224 225 207206 238 234239 240241 242246235236237 245244 243 248 233 247 232 231 250 249 230 229 228 227 226 140 139 137 141 142 143 138 144 136 135 134 133 129 132 130 128 127131 145 182184 180 185 179 178 177 176 174 171 170 167 163 162165156159160 154 152 151 150 149 147 Surveyed Tree Locations 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 100 Feet Surveyed Tree Location Project Boundary Tag Number Species DBH (in)Condition Stems 1 Maple, Silver 47 Good 1 2 Maple, Red 7 Good 1 3 Maple, Red 7 Good 1 4 Maple, Sugar 34 Good 1 5 Locust, Honey 20 Good 3 6 Locust, Honey 28 Good 3 7 Spruce, Blue 20 Good 1 8 Spruce, Blue 12 Poor 1 9 Spruce, White 13 Good 1 10 Spruce, White 12 Good 1 11 Spruce, White 12 Good 1 12 Spruce, White 14 Good 1 13 Spruce, White 12 Good 1 14 Spruce, White 10 Good 1 15 Spruce, Blue 22 Good 1 16 Spruce, White 20 Good 1 17 Spruce, White 8 Good 1 18 Spruce, Blue 12 Good 1 19 Spruce, Blue 12 Good 1 20 Spruce, Blue 13 Good 1 21 Cedar, Northern White 44 Good 5 22 Cedar, Northern White 27 Good 1 23 Cedar, Northern White 58 Good 5 24 Cedar, Northern White 29 Good 9 25 Spruce, White 8 Good 1 26 Cedar, Northern White 27 Good 9 27 Cedar, Northern White 27 Good 4 28 Cedar, Northern White 21 Good 8 29 Cedar, Northern White 29 Good 7 30 Cedar, Northern White 26 Good 7 31 Cedar, Northern White 21 Good 6 32 Cedar, Northern White 20 Good 1 33 Maple, Red 18 Good 1 34 Cedar, Northern White 37 Good 14 35 Maple, Red 13 Good 1 36 Cedar, Northern White 30 Good 9 37 Cedar, Northern White 33 Good 9 38 Cedar, Northern White 37 Good 8 39 Locust, Honey 14 Good 1 40 Cedar, Northern White 33 Good 8 41 Locust, Honey 41 Good 4 42 Locust, Honey 21 Good 3 43 Cedar, Northern White 34 Good 9 44 Cedar, Northern White 24 Good 8 45 Cedar, Northern White 29 Good 12 46 Cedar, Northern White 15 Good 2 47 Cedar, Northern White 17 Good 2 48 Cedar, Northern White 19 Good 2 49 Locust, Honey 17 Good 3 50 Cedar, Northern White 23 Good 2 51 Cedar, Northern White 27 Fair 4 52 Cedar, Northern White 10 Fair 1 Southways - 1400 Bracketts Point Road Tree Survey 1 Tag Number Species DBH (in)Condition Stems Southways - 1400 Bracketts Point Road Tree Survey 53 Cedar, Northern White 20 Fair 4 54 Cedar, Northern White 10 Good 1 55 Cedar, Northern White 23 Fair 1 56 Cedar, Northern White 29 Poor 3 57 Cedar, Northern White 28 Good 10 58 Cedar, Northern White 9 Good 1 59 Cedar, Northern White 14 Fair 1 60 Cedar, Northern White 34 Good 10 61 Maple, Sugar 32 Good 1 62 Maple, Red 20 Good 1 63 Maple, Sugar 36 Good 1 64 Maple, Red 14 Good 1 65 Hackberry 37 Good 1 66 Maple, Sugar 39 Good 1 67 Maple, Sugar 30 Good 1 68 Elm, American 39 Good 1 69 Maple, Red 14 Good 1 70 Maple, Sugar 33 Good 1 71 Elm, American 24 Good 1 72 Maple, Sugar 39 Good 1 73 Maple, Red 24 Good 1 74 Elm, American 34 Good 1 75 Maple, Sugar 33 Good 1 76 Maple, Sugar 28 Good 1 77 Maple, Sugar 33 Good 1 78 Elm, American 20 Good 1 79 Maple, Sugar 31 Good 1 80 Maple, Sugar 35 Good 1 81 Maple, Sugar 26 Good 1 82 Maple, Silver 36 Good 1 83 Maple, Silver 38 Good 1 84 Maple, Sugar 28 Good 1 85 Elm, American 31 Good 1 86 Spruce, White 12 Fair 1 87 Spruce, White 6 Fair 1 88 Spruce, White 12 Good 1 89 Spruce, White 8 Good 1 90 Spruce, Blue 10 Fair 1 91 Spruce, White 10 Fair 1 92 Spruce, Blue 16 Good 1 93 Spruce, White 11 Good 1 94 Spruce, White 16 Good 1 95 Spruce, White 8 Fair 1 96 Spruce, Blue 16 Good 1 97 Spruce, White 10 Fair 1 98 Spruce, White 11 Fair 1 99 Spruce, White 14 Fair 1 100 Maple, Red 13 Good 1 101 Maple, Red 12 Good 1 102 Maple, Red 13 Good 1 103 Spruce, White 20 Good 1 104 Spruce, White 16 Good 1 2 Tag Number Species DBH (in)Condition Stems Southways - 1400 Bracketts Point Road Tree Survey 105 Maple, Sugar 20 Good 1 106 Spruce, White 10 Good 1 107 Spruce, Blue 11 Fair 1 108 Spruce, Blue 12 Good 1 109 Hackberry 10 Good 1 110 Spruce, Blue 10 Fair 1 111 Cedar, Northern White 30 Good 8 112 Hackberry 29 Good 1 113 Boxelder 10 Good 1 114 Cedar, Northern White 32 Good 11 115 Hackberry 8 Good 1 116 Spruce, Blue 11 Good 1 117 Hackberry 20 Fair 7 118 Spruce, White 11 Fair 1 119 Maple, Silver 20 Good 1 120 Locust, Honey 10 Good 1 121 Cedar, Northern White 39 Fair 3 122 Cedar, Northern White 16 Good 1 123 Cedar, Northern White 15 Fair 2 124 Cedar, Northern White 16 Good 1 125 Cedar, Northern White 14 Good 1 126 Spruce, White 5 Fair 1 127 Spruce, White 7 Fair 1 128 Birch, Paper 10 Good 4 129 Maple, Sugar 15 Good 1 130 Birch, Paper 13 Good 4 131 Spruce, White 7 Fair 1 132 Birch, Paper 11 Good 5 133 Maple, Sugar 14 Good 1 134 Maple, Sugar 21 Good 1 135 Maple, Sugar 20 Poor 1 136 Ash, Green 22 Good 1 137 Maple, Sugar 8 Good 1 138 Hackberry 32 Good 1 139 Ash, Green 11 Good 1 140 Hackberry 9 Good 1 141 Ash, Green 8 Good 1 142 Maple, Sugar 8 Good 1 143 Ash, Green 21 Good 1 144 Maple, Sugar 30 Good 1 145 Spruce, White 4 Fair 1 146 Maple, Sugar 8 Good 0 147 Maple, Silver 12 Good 0 148 Maple, Sugar 16 Good 1 149 Maple, Sugar 9 Good 1 150 Locust, Honey 14 Good 1 151 Locust, Honey 14 Good 1 152 Locust, Honey 9 Good 1 153 Spruce, Blue 10 Good 0 154 Spruce, White 6 Good 0 155 Cedar, Northern White 4 Poor 4 156 Cedar, Northern White 4 Poor 6 3 Tag Number Species DBH (in)Condition Stems Southways - 1400 Bracketts Point Road Tree Survey 157 Cedar, Northern White 4 Poor 6 158 Spruce, White 8 Good 1 159 Cedar, Northern White 4 Poor 4 160 Cedar, Northern White 3 Poor 4 161 Cedar, Northern White 4 Poor 7 162 Cedar, Northern White 4 Poor 6 163 Cedar, Northern White 3 Poor 8 164 Cedar, Northern White 3 Poor 10 165 Cedar, Northern White 4 Poor 6 166 Spruce, White 4 Fair 1 167 Spruce, White 6 Fair 1 168 Spruce, White 12 Fair 1 169 Spruce, White 10 Good 1 170 Spruce, White 10 Fair 1 171 Spruce, White 14 Fair 1 172 Spruce, White 9 Fair 1 173 Cedar, Northern White 6 Fair 1 174 Cedar, Northern White 6 Fair 1 175 Cedar, Northern White 6 Fair 1 176 Elm, American 57 Good 1 177 Cedar, Northern White 8 Poor 11 178 Cedar, Northern White 11 Fair 3 179 Pine, Scots 11 Fair 1 180 Pine, Red 10 Fair 1 181 Pine, Red 10 Good 1 182 Spruce, White 5 Fair 1 183 Pine, Red 6 Fair 1 184 Pine, Red 5 Fair 1 185 Pine, Scots 11 Fair 1 186 Spruce, White 10 Fair 1 187 Boxelder 11 Fair 1 188 Boxelder 12 Fair 1 189 Hackberry 10 Fair 1 190 Maple, Sugar 32 Good 1 191 Cedar, Northern White 4 Poor 12 192 Cedar, Northern White 4 Poor 8 193 Cedar, Northern White 4 Poor 5 194 Cedar, Northern White 4 Fair 4 195 Cedar, Northern White 4 Poor 6 196 Cedar, Northern White 4 Poor 11 197 Cedar, Northern White 4 Poor 9 198 Locust, Honey 7 Fair 3 199 Locust, Honey 10 Fair 2 200 Locust, Honey 6 Fair 4 201 Cedar, Northern White 4 Poor 8 202 Cedar, Northern White 4 Poor 7 203 Cedar, Northern White 4 Poor 5 204 Cedar, Northern White 4 Poor 7 205 Cedar, Northern White 4 Poor 6 206 Spruce, White 18 Good 1 207 Spruce, White 14 Fair 1 208 Spruce, White 13 Fair 1 4 Tag Number Species DBH (in)Condition Stems Southways - 1400 Bracketts Point Road Tree Survey 209 Spruce, White 8 Fair 1 210 Cedar, Northern White 4 Poor 6 211 Cedar, Northern White 4 Fair 4 212 Hackberry 10 Good 1 213 Spruce, White 9 Fair 1 214 Spruce, White 10 Fair 1 215 Spruce, White 7 Fair 1 216 Spruce, White 8 Fair 1 217 Spruce, White 11 Fair 1 218 Spruce, White 12 Fair 1 219 Spruce, White 12 Fair 1 220 Spruce, White 12 Fair 1 221 Spruce, White 13 Fair 1 222 Spruce, White 12 Fair 1 223 Spruce, White 13 Fair 1 224 Spruce, White 18 Fair 1 225 Spruce, White 9 Fair 1 226 Ash, Green 10 Good 1 227 Hackberry 7 Good 1 228 Ash, Green 10 Good 1 229 Maple, Silver 15 Good 1 230 Ash, Green 9 Good 1 231 Maple, Silver 14 Good 1 232 Ash, Green 13 Good 1 233 Ash, Green 12 Good 1 234 Spruce, White 12 Good 1 235 Spruce, Blue 14 Good 1 236 Maple, Silver 17 Good 1 237 Ash, Green 13 Good 1 238 Spruce, White 13 Good 1 239 Spruce, White 10 Fair 1 240 Spruce, White 14 Good 1 241 Spruce, White 15 Fair 1 242 Spruce, White 10 Good 1 243 Ash, Green 13 Good 1 244 Hackberry 12 Good 1 245 Maple, Silver 14 Good 1 246 Spruce, White 10 Fair 1 247 Maple, Silver 15 Good 1 248 Maple, Silver 19 Good 1 249 Maple, Sugar 8 Good 1 250 Ash, Green 10 Good 1 251 Lilac 29 Fair 4 252 Cedar, Northern White 3 Poor 6 253 Cedar, Northern White 3 Poor 4 254 Birch, Paper 16 Good 3 255 Cedar, Northern White 5 Poor 3 256 Cedar, Northern White 3 Poor 6 257 Cedar, Northern White 4 Poor 7 258 Cedar, Northern White 3 Poor 3 259 Cedar, Northern White 8 Poor 3 260 Cedar, Northern White 4 Poor 8 5 Tag Number Species DBH (in)Condition Stems Southways - 1400 Bracketts Point Road Tree Survey 261 Cedar, Northern White 6 Poor 4 262 Cedar, Northern White 3 Poor 4 263 Cedar, Northern White 3 Poor 2 264 Cedar, Northern White 12 Poor 3 265 Cedar, Northern White 4 Poor 7 266 Cedar, Northern White 4 Poor 5 267 Cedar, Northern White 4 Poor 3 268 Spruce, White 24 Good 1 269 Cedar, Northern White 3 Poor 6 270 Cedar, Northern White 4 Poor 3 271 Cedar, Northern White 27 Good 3 272 Cedar, Northern White 3 Poor 5 273 Cedar, Northern White 4 Poor 7 273 Cedar, Northern White 4 Poor 7 274 Locust, Honey 12 Good 1 275 Lilac 20 Fair 3 277 Cedar, Northern White 4 Poor 6 278 Lilac 17 Fair 3 279 Cedar, Northern White 3 Poor 6 280 Birch, Paper 17 Good 3 281 Cedar, Northern White 29 Good 4 282 Cedar, Northern White 3 Poor 5 283 Birch, Paper 21 Good 4 284 Cedar, Northern White 4 Poor 5 285 Cedar, Northern White 3 Poor 7 286 Cedar, Northern White 3 Poor 8 287 Cedar, Northern White 4 Poor 5 288 Locust, Honey 9 Fair 3 289 Cedar, Northern White 5 Poor 4 290 Cedar, Northern White 3 Poor 6 291 Cedar, Northern White 3 Poor 9 292 Cedar, Northern White 4 Poor 7 293 Maple, Silver 16 Good 1 294 Apple 46 Good 4 295 Locust, Honey 13 Good 1 296 Spruce, White 28 Good 1 297 Cedar, Northern White 4 Poor 2 298 Ash, Green 27 Good 1 299 Cedar, Northern White 20 Fair 9 300 Spruce, White 24 Good 1 301 Maple, Red 11 Good 1 302 Hackberry 8 Fair 1 303 Hackberry 6 Good 1 304 Maple, Sugar 24 Good 1 305 Maple, Silver 6 Good 1 306 Hackberry 10 Good 1 307 Cedar, Northern White 13 Poor 4 308 Maple, Sugar 28 Good 1 309 Magnolia 8 Good 1 310 Maple, Silver 10 Good 1 310 Ash, Green 9 Fair 1 311 Maple, Sugar 15 Good 1 6 Tag Number Species DBH (in)Condition Stems Southways - 1400 Bracketts Point Road Tree Survey 312 Hackberry 11 Fair 1 313 Maple, Silver 11 Good 1 314 Spruce, White 20 Good 1 315 Maple, Sugar 26 Poor 1 316 Cedar, Northern White 11 Fair 2 317 Spruce, White 16 Good 1 318 Ash, Green 9 Fair 1 320 Oak, Bur 23 Good 1 321 Ash, Green 8 Fair 1 322 Maple, Silver 10 Good 1 323 Ash, Green 8 Fair 1 324 Maple, Sugar 29 Fair 1 325 Maple, Sugar 31 Good 1 326 Maple, Sugar 28 Good 1 327 Cedar, Northern White 7 Poor 3 328 Maple, Sugar 28 Fair 1 329 Cedar, Northern White 8 Poor 2 330 Maple, Sugar 28 Fair 1 331 Maple, Sugar 26 Fair 1 332 Spruce, White 9 Good 1 333 Willow, Black 32 Good 1 334 Maple, Sugar 24 Good 1 334 Cedar, Northern White 12 Fair 4 335 Cedar, Northern White 7 Poor 2 336 Maple, Sugar 26 Good 1 337 Cedar, Northern White 15 Fair 4 339 Cedar, Northern White 10 Poor 3 340 Cedar, Northern White 6 Poor 1 341 Maple, Sugar 8 Poor 1 342 Maple, Red 9 Fair 1 343 Hackberry 9 Good 1 344 Spruce, White 21 Good 1 345 Elm, American 22 Fair 1 346 Cedar, Northern White 3 Poor 0 347 Maple, Sugar 6 Good 1 348 Cedar, Northern White 7 Poor 3 349 Cedar, Northern White 6 Poor 2 350 Cedar, Northern White 8 Poor 1 351 Maple, Red 10 Good 1 352 Maple, Sugar 32 Fair 1 353 Elm, American 29 Good 1 354 Maple, Sugar 32 Fair 1 355 Maple, Sugar 32 Poor 1 356 Maple, Sugar 32 Fair 1 357 Maple, Sugar 29 Good 1 358 Ash, Green 12 Good 1 359 Maple, Red 12 Good 1 360 Maple, Red 10 Good 1 7 Southways – 1400 Bracketts Point Road Conservation Design Application APPENDIX D No Wetlands Determination Report and Agency Correspondence 1400 Bracketts Point Road Orono, Hennepin County, Minnesota No Wetlands Determination Report Prepared for James Jundt by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2017-170) October 13, 2017 1400 Bracketts Point Road Orono, Hennepin County, Minnesota No Wetlands Determination Report TABLE OF CONTENTS Title Page 1. SITE VISIT SUMMARY ...................................................................................................... 1 2. OVERVIEW ........................................................................................................................... 2 3. METHODS ............................................................................................................................. 2 4. RESULTS ............................................................................................................................... 3 4.1 Review of NWI, Soils, Public Waters, and NHD Information ......................................... 3 4.2 No Wetlands Determination .............................................................................................. 4 4.3 Request for No Wetlands Concurrence ............................................................................. 4 5. CERTIFICATION OF DETERMINATION ...................................................................... 5 TABLES Table 1. Soil Types Mapped on the 1400 Bracketts Point Road Property ............................ 3 FIGURES 1. Site Location 2. Existing Conditions 3. National Wetlands Inventory 4. Soil Survey 5. DNR Public Waters Inventory 6. National Hydrography Dataset 7. MCWD Wetland Classifications APPENDICES A. Joint Application Form for Activities Affecting Water Resources in Minnesota B. Precipitation Data C. Wetland Determination Data Form 1 1400 Bracketts Point Road Orono, Hennepin County, Minnesota No Wetlands Determination Report 1. SITE VISIT SUMMARY • The 12.72-acre property at 1400 Bracketts Point Road was inspected on September 27, 2017 for the presence and extent of wetland. • The National Wetlands Inventory (NWI) map showed no wetlands within the site boundaries. • The soil survey showed predominantly hydric and partially hydric soil types on the site included Tadkee-Tadkee complex and Hamel overwash-complex. • The DNR Public Waters Inventory showed Lake Minnetonka (DNR Public Water 27- 133P) located at the east and west boundaries of the site. • The National Hydrography Dataset showed Lake Minnetonka adjacent to the site. • No wetlands were identified within the site boundaries during the site visit on September 27, 2017. 1400 Bracketts Point Road No Wetlands Determination Report 2 2. OVERVIEW The 12.72-acre property at 1400 Bracketts Point Road was inspected on September 27, 2017 for the presence and extent of wetland. The property was located in the SW ¼ of Section 11, Township 117 North, Range 22 West, City of Orono, Hennepin County, Minnesota. The site was situated south of Shoreline Drive (CSAH 15) on a peninsula that juts out into Lake Minnetonka (Figure 1). The property corresponded to Hennepin County PID 11-117-23-32-0020. The site included a single residential estate with a long, paved driveway, a large home, a maintenance shop, greenhouse, tennis court, veranda, swimming pool, and landscaped planting beds. The southern portion of the site included three storm sewer inlets to enhance drainage and a 4- to 6-foot high retaining wall was aligned along the south boundary of the site. The majority of the site consisted of manicured lawn with several large sugar maple, green ash, red oak, silver maple, white spruce, blue spruce, white cedar, and other trees. The east and west edges of the property dropped relatively steeply to the edge of Lake Minnetonka and the lakeshore was lined with riprap. Site topography was highest at the primary building site where the elevation reached 956 feet above msl, and lowest at the edge of Lake Minnesota where the elevation was near 926 feet. The property was bordered on the east and west by Lake Minnetonka and the north and south by large residential lakeshore lots. No wetlands were delineated within the site boundaries. One sample point location, storm sewer inlets, the retaining wall location, and existing conditions are shown on Figure 2. Appendix A includes a Joint Application Form for Activities Affecting Water Resources in Minnesota, which is submitted in request for concurrence with this No Wetlands Determination under: (1) the Minnesota Wetland Conservation Act (WCA), and (2) Section 404 of the Federal Clean Water Act. 3. METHODS The property was reviewed for wetlands using the Routine Determination method described in the Corps of Engineers Wetlands Delineation Manual (Waterways Experiment Station, 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 2.0) as required under Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. Soils, vegetation, and hydrology were documented at the location on the property that was most likely to support wetland. Plant species dominance was estimated based on the percent aerial or basal coverage visually estimated within a 30-foot radius for trees and vines, a 15-foot radius for the shrub layer, and a 5-foot radius for the herbaceous layer within the community type sampled. Soils were characterized to a minimum depth of 24 inches (unless otherwise noted) using a Munsell Soil Color Book and standard soil texturing methodology. Hydric soil indicators used 1400 Bracketts Point Road No Wetlands Determination Report 3 are from Field Indicators of Hydric Soils in the United States (USDA Natural Resources Conservation Service (NRCS) in cooperation with the National Technical Committee for Hydric Soils, Version 7, 2010). Mapped soils are separated into five classes based on the composition of hydric components and the Hydric Rating by Map Unit classes used on the Web Soil Survey. The five classes include Hydric (100% hydric components), Predominantly hydric (66-99% hydric), Partially hydric (33- 65% hydric), Predominantly non-hydric (1-32% hydric), and Non- hydric (less than 1% hydric). Plants were identified using standard regional plant keys. Taxonomy and indicator status of plant species was taken from the 2016 National Wetland Plant List (U.S. Army Corps of Engineers 2016; National Wetland Plant List, version 3.3, Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory, Hanover, NH). 4. RESULTS 4.1 Review of NWI, Soils, Public Waters, and NHD Information The National Wetlands Inventory (NWI) (Minnesota Geospatial Commons 2009-2014 and U.S. Fish and Wildlife Service) showed no wetlands within the site boundaries (Figure 3). The Soil Survey (USDA NRCS 2015) showed predominantly hydric and partially hydric soil types on the site included Tadkee-Tadkee complex and Hamel overwash-complex. Soil types mapped on the property are listed in Table 1 and soil types are mapped on Figure 4. Table 1. Soil Types Mapped on the 1400 Bracketts Point Road Property Symbol Soil Name Acres % of Area % Hydric Hydric Category L36A Hamel, overwash-Hamel complex, 0-35% slopes 1.11 8.76 45 Partially hydric L37B Angus loam, 2-6% slopes 9.38 73.72 5 Predominantly non-hydric L64A Tadkee-Tadkee, depressional, complex, 0-2% slopes 2.23 17.52 92 Predominantly hydric Totals 12.72 100.00 The Minnesota DNR Public Waters Inventory (Minnesota Department of Natural Resources 2015) showed Lake Minnetonka (DNR Public Water 27-133P) located at the east and west boundaries of the site (Figure 5). The National Hydrography Dataset (U.S. Geological Survey 2015) showed Lake Minnetonka adjacent to the site (Figure 6). The Minnehaha Creek Watershed District (MCWD) Wetland Inventory showed a Manage 3 wetland located on property immediately east of the site (Figure 7). The MCWD requires a minimum buffer width of 16 feet on this wetland. 1400 Bracketts Point Road No Wetlands Determination Report 4 4.2 No Wetlands Determination The property was reviewed for wetlands on September 27, 2017. The review focused on the northern and southern parts of the property because those areas had the predominantly hydric and partially hydric soils, and because they included relatively low flat areas located in proximity to wetlands or water features on adjoining properties. Precipitation at the time of the site review was normal (typical) based on the 3-month antecedent weighted average, and below the normal range based on the 30-day rolling total precipitation (Appendix B). Two areas of the property were investigated for wetland; the northern area and the southern area. Neither the northern area nor the southern area met wetland delineation criteria. Northern Area – Sample Point A (SP-A) was positioned in the lowest part of the northern area (Figure 2), and approximately 100 feet west of a Type 1, Mange Class 3 wetland that appears on the Minnehaha Creek Wetland Inventory (Figure 7). SP-A marginally met the hydrophytic vegetation criterion (although the Prevalence Index was > 3), but it did not have hydric soils or wetland hydrology (Appendix C). The sample point was dominated by Kentucky bluegrass (FAC), but had substantial cover of white clover (FACU) and creeping Charlie (FACU), and a small amount of dandelion (FACU). Soils consisted of very dark gray sandy loam with faint redox starting at 10 inches and depletions starting at 14 inches. The redox was not prominent, distinct, or shallow enough to render the soil hydric. The sample point did not meet criteria for any wetland hydrology indicators. Southern Area – Offsite review of maps and aerial photographs suggested this area might include wetland, but the site review revealed three storm sewer surface inlet drains that have the capacity to remove the potential for wetland hydrology. Although the adjoining property to the south includes a small surface water feature located about 25 feet from the property boundary, the southern boundary of the 1400 Bracketts Point Road property includes a retaining wall that elevates it 4 to 6 feet above the property with the nearby water feature (Figure 2). The storm drains and retaining wall make render the southern part of the evaluated property incapable of supporting wetland hydrology. No areas with hydrophytic vegetation or wetland hydrology were observed on the site. No other areas were shown as hydric soil on the soil survey or as wetland on the NWI map. 4.3 Request for No Wetlands Concurrence Appendix A of this report includes a Joint Application Form for Activities Affecting Water Resources in Minnesota, which is submitted in request for concurrence with this No Wetlands Determination under: (1) the Minnesota Wetland Conservation Act (WCA), and (2) Section 404 of the Federal Clean Water Act. 1400 Bracketts Point Road No Wetlands Determination Report 5 5. CERTIFICATION OF DETERMINATION The procedures utilized in the described Determination are based on the U.S. Army Corps of Engineers 1987 Wetlands Delineation Manual and the appropriate Supplement, as required under Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. This No Wetlands Determination Report was prepared in compliance with the regulatory guidance in place at the time the work was performed. Site Investigated and Report prepared by: Rob Bouta, Senior Ecologist MN Certified Wetland Delineator No. 1081 Report reviewed by: ____________________________________ Date: October 13, 2017 Mark Kjolhaug, Professional Wetland Scientist No. 000845 1400 Bracketts Point Road No Wetlands Determination Report FIGURES 1. Site Location 2. Existing Conditions 3. National Wetlands Inventory 4. Soil Survey 5. DNR Protected Waters Inventory 6. National Hydrography Dataset 7. MCWD Wetland Classifications Figure 1 - Site Location 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 1,500 Feet Project Boundary Source: ESRI Streets Basemap !( !( !(!( 9 2 6 9 2 8 9 3 0 9 3 2 934936938940942944946948950952954 956934956948934 954930932934952944950926932942946 950932952934 950936938 928932952 Figure 2 - Existing Conditions 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0250 Feet Project Boundary Retaining Wall Hennepin County Lidar !(Storm Drain Inlet !(Sample Point Source: MnGeo, ESRI Imagery Basemap Sample Point A L1UBH L2UBH L1UBH L2UBH Figure 3 - National Wetlands Inventory 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0300 Feet Source: Minnesota DNR (2013), USFWS W W L64A L37B L22C2 L36A L22D2 L22C2 Figure 4 - Soil Survey 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0300 Feet Project Boundary Hydric/Predominantly Hydric Partially Hydric Predominantly Non-Hydric/Non-Hydric Source: USDA, NRCS See narrative for soil series information. Minnetonka-Lower Lake (27-133-02 P) Tanager (27-141 P) Unnamed (27-859 W) Unnamed (27-865 W) Unnamed (27-866 W) Unnamed (27-865 W) Unnamed (27-864 W) Unnamed (27-855 W) Figure 5 - DNR Public Waters Inventory 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 1,000 Feet Project Boundary Public Watercourse Public Waters Source: Minnesota DNR Figure 6 - National Hydrography Dataset 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 1,000 Feet Project Boundary Hydro Junction ArtificialPath StreamRiver LakePond Source: USGS Figure 7 - MCWD Wetland ClassificatioQV 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0300 Feet Source: MCWD Management Class Manage 3 1400 Bracketts Point Road No Wetlands Determination Report APPENDIX A Joint Application Form for Activities Affecting Water Resources in Minnesota Project Name and/or Number: 1400 Bracketts Point Road Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 3 Joint Application Form for Activities Affecting Water Resources in Minnesota 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. Project Name: 1400 Bracketts Point Road Applicant/Landowner Name: James Jundt Mailing Address: 42486 109th Way, Scottsdale, AZ 85262 Phone: E-mail Address: _______________ Authorized Contact (do not complete if same as above): Brian Benson, Coldwell Banker Burnet Mailing Address: 201 E Lake Street, Wayzata, MN 55391 Phone: (612) 227-8629 E-mail Address: bkbenson@cbburnet.com Agent Name: Rob Bouta, Kjolhaug Environmental Services Co. Mailing Address: 2500 Shadywood Road, Suite 130, Orono, MN 55331 Phone: (612) 581-0546 E-mail Address: RobB@kjolhaugenv.com PART TWO: Site Location Information County: Hennepin County City/Township: City of Orono Parcel ID and/or Address: PID 11-117-23-32-0020 Address: 1400 Bracketts Point Road, Orono, MN 55391 Legal Description (Section, Township, Range): SW ¼ Section 11, T117N, R22W Lat/Long (decimal degrees): 44.953115, -93.558965 Attach a map showing the location of the site in relation to local streets, roads, highways. See attached Figure 1 Approximate size of site (acres) or if a linear project, length (feet): 12.72 acres If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform_4345_2012oct.pdf 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. 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. Future residential use to be determined. Project Name and/or Number: 1400 Bracketts Point Road Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 3 Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report, I am requesting that the U.S. Army Corps of Engineers, St. Paul District (Corps) and/or the Wetland Conservation Act Local Government Unit (LGU) provide me with the following (check all that apply): Wetland Type Confirmation Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are generally valid for five years unless site conditions change. Under this request alone, the Corps will not address the jurisdictional status of the aquatic resources on the property, only the boundaries of the resources within the review area (including wetlands, tributaries, lakes, etc.). Preliminary Jurisdictional Determination. A preliminary jurisdictional determination (PJD) is a non-binding written indication from the Corps that waters, including wetlands, identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. Approved Jurisdictional Determination. An approved jurisdictional determination (AJD) is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property. AJDs can generally be relied upon by the affected party for five years. An AJD may be appealed through the Corps administrative appeal process. In order for the Corps and LGU to process your request, the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, any approved Regional Supplements to the 1987 Manual, and the Guidelines for Submitting Wetland Delineations in Minnesota (2013). http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx 1400 Bracketts Point Road No Wetlands Determination Report APPENDIX B Precipitation Data 10/11/2017 Precipitation Documentation Worksheet Using Gridded Database http://climateapps.dnr.state.mn.us/gridded_data/precip/wetland/worksheet.asp?passXutm83=456348&passYutm83=4978261&passcounty=Hennepin&…1/1 Minnesota State Climatology Office State Climatology Office - DNR Division of Ecological and Water Resources ¬¬¬ University of Minnesota home | current conditions | journal | past data | summaries | agriculture | other sites | about us Precipitation Worksheet Using Gridded Database Precipitation data for target wetland location: county: Hennepin township number: 117N township name: Excelsior range number: 23W nearest community: Crystal Bay section number: 11 Aerial photograph or site visit date: Sunday, October 1, 2017 Score using 1981-2010 normal period values are in inches A 'R' following a monthly total indicates a provisional value derived from radar-based estimates. first prior month: September 2017 second prior month: August 2017 third prior month: July 2017 there is a 30% chance this location will have less than:2.50 3.14 2.75 there is a 30% chance this location will have more than:4.17 4.92 4.17 multi-month score: 6 to 9 (dry)10 to 14 (normal)15 to 18 (wet) Other Resources: retrieve daily precipitation data view radar-based precipitation estimates view weekly precipitation maps Evaluating Antecedent Precipitation Conditions (BWSR) estimated precipitation total for this location: 2.06 7.67R 4.07R type of month: dry normal wet Dry wet normal monthly score 3*1=3 2 * 3 = 6 1 * 2 = 2 3+6+2=11 Normal 0123456789101112136/28/17 7/13/17 7/28/17 8/12/17 8/27/17 9/11/17 9/26/17Daily and monthly total precipitation (inches) monthly precipdaily precip30d rolling total1st Prior 30 Days2nd Prior 30 Days3rd Prior 30 DaysSite Visit Climate Conditions1400 Bracketts Point Road, Orono MNSite Visit:9/27/2017normalprecip range 1400 Bracketts Point Road, Orono: Precipitation Summary Source: Minnesota Climatology Working Group Monthly Totals: 2017 Target: T117 R23 S11 mon year cc tttN rrW ss nnnn oooooooo pre (inches) Jan 2017 10 116N 23W 15 NWS CHAN_NWS .88 Feb 2017 10 116N 23W 15 NWS CHAN_NWS .72 Mar 2017 10 116N 23W 15 BYRG .45 Apr 2017 27 117N 22W 29 BYRG 4.19 May 2017 27 117N 22W 29 BYRG 6.01 Jun 2017 27 117N 22W 29 BYRG 3.78 Jul 2017 27 117N 23W 31 BYRG 3.77 Aug 2017 27 117N 22W 29 BYRG 8.47 Sep 2017 27 117N 23W 31 BYRG 2.06 July/August/September Daily Records Jul 1, 2017 0 Jul 2, 2017 0 Jul 3, 2017 0 Jul 4, 2017 .05 Jul 5, 2017 0 Jul 6, 2017 0 Jul 7, 2017 0 Jul 8, 2017 0 Jul 9, 2017 0 Jul 10, 2017 0 Jul 11, 2017 .07 Jul 12, 2017 0 Jul 13, 2017 0 Jul 14, 2017 0 Jul 15, 2017 0 Jul 16, 2017 0 Jul 17, 2017 .67 Jul 18, 2017 0 Jul 19, 2017 .95 Jul 20, 2017 0 Jul 21, 2017 0 Jul 22, 2017 0 Jul 23, 2017 0 Jul 24, 2017 0 Jul 25, 2017 2.01 Jul 26, 2017 .02 Jul 27, 2017 0 Jul 28, 2017 0 Jul 29, 2017 0 Jul 30, 2017 0 Jul 31, 2017 0 1981-2010 Summary Statistics Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec WARM ANN WAT 30% 0.49 0.40 1.20 1.94 2.70 3.24 2.75 3.14 2.50 1.24 1.05 0.68 16.63 27.21 26.78 70% 1.10 0.88 2.00 2.75 4.01 5.19 4.17 4.92 4.17 3.38 1.93 1.42 21.45 34.29 34.09 mean 0.85 0.82 1.76 2.56 3.49 4.36 4.07 4.18 3.46 2.41 1.72 1.17 19.56 30.86 30.69 Aug 1, 2017 0 Aug 2, 2017 0 Aug 3, 2017 0 Aug 4, 2017 - Aug 5, 2017 - Aug 6, 2017 - Aug 7, 2017 .37 Aug 8, 2017 0 Aug 9, 2017 0 Aug 10, 2017 1.24 Aug 11, 2017 0 Aug 12, 2017 - Aug 13, 2017 - Aug 14, 2017 .89 Aug 15, 2017 0 Aug 16, 2017 .69 Aug 17, 2017 2.43 Aug 18, 2017 0 Aug 19, 2017 - Aug 20, 2017 - Aug 21, 2017 .28 Aug 22, 2017 .17 Aug 23, 2017 0 Aug 24, 2017 0 Aug 25, 2017 .10 Aug 26, 2017 - Aug 27, 2017 - Aug 28, 2017 2.30 Aug 29, 2017 0 Aug 30, 2017 0 Aug 31, 2017 0 Sep 1, 2017 .02 Sep 2, 2017 0 Sep 3, 2017 0 Sep 4, 2017 .25 Sep 5, 2017 0 Sep 6, 2017 0 Sep 7, 2017 0 Sep 8, 2017 0 Sep 9, 2017 0 Sep 10, 2017 0 Sep 11, 2017 0 Sep 12, 2017 0 Sep 13, 2017 0 Sep 14, 2017 0 Sep 15, 2017 0 Sep 16, 2017 .27 Sep 17, 2017 0 Sep 18, 2017 .37 Sep 19, 2017 0 Sep 20, 2017 0 Sep 21, 2017 0 Sep 22, 2017 0 Sep 23, 2017 .02 Sep 24, 2017 .53 Sep 25, 2017 .34 Sep 26, 2017 0 Sep 27, 2017 0 Sep 28, 2017 0 Sep 29, 2017 0 Sep 30, 2017 .26 1400 Bracketts Point Road No Wetlands Determination Report APPENDIX C Wetland Determination Data Form Project/Site: Slope (%): Are climatic/hydrologic conditions of the site typical for this time of the year? (If no, explain in remarks) Are vegetation , soil significantly disturbed? Are vegetation , soil naturally problematic? SUMMARY OF FINDINGS Hydrophytic vegetation present? Hydric soil present?Is the sampled area within a wetland? Indicators of wetland hydrology present? Remarks: (Explain alternative procedures here or in a separate report.) Dominance Test Worksheet ) 1 (A) 2 3 (B) 4 5 (A/B) =Total Cover Sapling/Shrub stratum )Prevalence Index Worksheet 1 Total % Cover of: 2 OBL species x 1 = 3 FACW species x 2 = 4 FAC species x 3 = 5 FACU species x 4 = =Total Cover UPL species x 5 = Herb stratum ) Column totals (A) (B) 1 Prevalence Index = B/A = 2 3 Hydrophytic Vegetation Indicators: 4 Rapid test for hydrophytic vegetation 5 X Dominance test is >50% 6 Prevalence index is ≤3.0* 7 8 9 10 =Total Cover Woody vine stratum ) 1 2 =Total Cover Remarks: (Include photo numbers here or on a separate sheet) Investigator(s): R. Bouta Landform (hillslope, terrace, etc.): Applicant/Owner: James Jundt State: Flat Section, Township, Range: Soil Map Unit Name: Y Tadkee-Tadkee NWI Classification: 0-2 Lat: Long:44.954514 Datum:-93.560628 Y N VEGETATION ‐‐ Use scientific names of plants. Are "normal circumstances" present? Yes Absolute % Cover30-ft radius yes, optional wetland site ID: PID 11-117-23-32-0020; 1400 Bracketts Point Road; Precipitation was within the normal range based on the 3-month antecedent weighted average, and below the normal range based on the 30-day rolling total precipitation. N nt Species Indicator Staus 00 100 300 0 3.29 140 460 Problematic hydrophytic vegetation* (explain) 00 Poa pratensis 100 Y FAC (Plot size: 5-ft radius Trifolium repens 20 N FACU Glechoma hederacea 20 N Y 0 1400 Bracketts Point Road Hydrophytic vegetation present? (Plot size: 30-ft radius 140 (Plot size: 15-ft radius Tree Stratum (Plot size: Digital degrees FACU 00 Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet) N 1 1 40 160 100.00% All species were FAC or drier and the Prevealence index was >3. Number of Dominant Species that are OBL, FACW, or FAC: Total Number of Dominant Species Across all Strata: Percent of Dominant Species that are OBL, FACW, or FAC: 0 WETLAND DETERMINATION DATA FORM - Midwest Region City/County: Orono/Hennepin Sampling Date: *Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic 09/27/2017 Sampling Point: SP-AMN Local relief (concave, convex, none): Flat SW 1/4 Sec. 11, T117N, R23W (If needed, explain any answers in remarks.) None , or hydrology , or hydrology US Amy Corps of Engineers Midwest Region Iron-Manganese Masses (F12) (LRR K, L, R) Very Shallow Dark Surface (TF12) Aquatic Fauna (B13) True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Presence of Reduced Iron (C4) Sampling Point:SP-A Depth (Inches) Matrix Redox Features Texture RemarksColor (moist) % Color (moist) % Type* Loc** 0-10 10YR 3/1 100 - - Sandy loam 10-14 10YR 3/1 95 10YR 3/2 5 C M Sandy loam Redox not prominent/distinct 28-34 5Y 5/1 20 D M 34-38 2.5Y 4/2 100 - - Coarse sand Remarks: Water-Stained Leaves (B9) Oxidized Rhizospheres on Living Roots (C3) Drainage Patterns (B10) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depleted Matrix (F3) Loamy Gleyed Matrix (F2) Gauge or Well Data (D9) Other (Explain in Remarks) Hydric Soil Indicators: Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available: *Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic Remarks: Type: Sandy Mucky Mineral (S1) NHydric soil present? Dry-Season Water Table (C2) Water Marks (B1)Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Does not meet hydric indicators because redox features are almost the same color as the matrix, and they do not begin at a shallow enough depth. Depth (inches): Sediment Deposits (B2) SOIL Wetland Hydrology Indicators: Saturation (A3) HYDROLOGY Surface Water (A1)Surface Soil Cracks (B6) High Water Table (A2) 2 cm Muck (A10) 5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Histisol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Stripped Matrix (S6) Loamy Mucky Mineral (F1) Primary Indicators (minimum of one is required; check all that apply) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) No Recent Iron Reduction in Tilled Soils (C6) Algal Mat or Crust (B4) Depth (inches): FAC-Neutral Test (D5) Iron Deposits (B5) Drift Deposits (B3) (includes capillary fringe) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface (B8) Surface water present? Yes X NoSaturation present? Field Observations: Depth (inches): Thin Muck Surface (C7) N Water table present? Yes X No Depth (inches): 31 30 Does not meet hydrology criterion for dry season water table, Geomorphic position, or FAC-Neutral Test. Natural soil moisture was supplemented by lawn irrigation. 28-34 10YR 2/1 90 5GY 6/ 10 D M Sandy loam *Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. **Location: PL = Pore Lining, M = Matrix Indicators of wetland hydrology present? Coast Prairie Redox (A16) (LRR K, L, R) Dark Surface (S7) (LRR K, L) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Indicators for Problematic Hydric Soils: Other (explain in remarks) Stunted or Stressed Plants (D1) Geomorphic Position (D2) Secondary Indicators (minimum of two required) Yes 14-28 5Y 3/1 60 5Y 4/3 20 C M Sandy loam US Army Corps of Engineers Midwest Region BWSR Forms 7-1-10 Page 1 of 3 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) Minnehaha Creek Watershed District Address 15320 Minnetonka Blvd Minnetonka, MN 55345 1. PROJECT INFORMATION Applicant Name James Jundt Project Name 1400 Bracketts Point Road, Orono Date of Application 10/13/2017 Complete Application Number W17-46 Attach site locator map Attach approved boundaries Type of Decision: Wetland Boundary or Type No-Loss Exemption Sequencing Replacement Plan Banking Plan Technical Evaluation Panel Findings and Recommendation (if any): Approve Approve with conditions Deny Summary (or attach): 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 12/11/2017 Approved Approved with conditions (include below) Denied LGU Findings and Conclusions (attach additional sheets as necessary): James Jundt has applied for a wetland boundary & type- no wetland confirmation for 1400 Bracketts Point Road (PID 1111723320020) in the City of Orono, Hennepin County, Minnesota. Legal description: Section 11, Township 117N, Range 22W. The boundary & type approval was requested October 13, 2017. A wetland delineation was conducted by Kjolhaug Environmental Services on September 27, 2017. A complete delineation report and WCA application were submitted to MCWD on October 13, 2017. No Wetlands were delineated within the project area. MCWD reviewed the study area in the field on November 7th, 2017. MCWD was in agreement with the no wetland determination. MCWD approves the no wetland determination as documented in the delineation report submitted on October 13, 2017 and delineated in the field on September 27, 2017. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. BWSR Forms 7-1-10 Page 2 of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account # Bank Service Area County Credits Approved for Withdrawal (sq. ft. or nearest .01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: Financial Assurance: For project-specific replacement that is not in-advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). Deed Recording: For project-specific replacement, evidence must be provided to the LGU that the BWSR “Declaration of Restrictions and Covenants” and “Consent to Replacement Wetland” forms have been filed with the county recorder’s office in which the replacement wetland is located. Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Katherine Sylvia Title Permitting Program Lead Signature Date 12/12/2017 Phone Number and E-mail (952) 472-2855 ksylvia@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: Appeal of an LGU staff decision. Send petition and $0 fee (if applicable) to: Minnehaha Creek Watershed District 15320 Minnetonka Blvd Minnetonka, MN 55345 Appeal of LGU governing body decision. Send petition and $500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 BWSR Forms 7-1-10 Page 3 of 3 4. LIST OF ADDRESSEES SWCD TEP member: Stacey Lijewski- Stacey.lijewski@hennepin.us BWSR TEP member: Ben Carlson – ben.carlson@state.mn.us LGU TEP member (if different than LGU Contact): DNR TEP: DNR Regional Office (if different than DNR TEP member): Becky Horton – becky.horton@state.mn.us WD or WMO (if applicable): Applicant (notice only) and Landowner (if different): Brian Benson - bkbenson@cbburnet.com Members of the public who requested notice (notice only): Rob Bouta - robb@kjolhaugenv.com, Melanie Curtis – mcurtis@ci.orono.mn.us Corps of Engineers Project Manager (notice only): Ryan Malterud – Ryan.m.malterud@usace.army.mil BWSR Wetland Bank Coordinator (wetland bank plan applications only) 5. MAILING INFORMATION  For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA_areas.pdf  For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR_TEP_contacts.pdf  Department of Natural Resources Regional Offices: NW Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 2115 Birchmont Beach Rd. NE Bemidji, MN 56601 NE Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 1201 E. Hwy. 2 Grand Rapids, MN 55744 Central Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 1200 Warner Road St. Paul, MN 55106 Southern Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 261 Hwy. 15 South New Ulm, MN 56073 For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dnr_regions.pdf  For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP-R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678  For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: Figure 1 - Site Location 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 1,500 Feet Project Boundary Source: ESRI Streets Basemap !( !( !(!( 9 2 6 9 2 8 9 3 0 9 3 2 934936938940942944946948950952954 956934956948934 954930932934952944950926932942946 950932952934 950936938 928932952 Figure 2 - Existing Conditions 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0250 Feet Project Boundary Retaining Wall Hennepin County Lidar !(Storm Drain Inlet !(Sample Point Source: MnGeo, ESRI Imagery Basemap Sample Point A DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 180 FIFTH STREET EAST, SUITE 700 ST. PAUL, MN 55101-1678 REPLY TO ATTENTION OF REGULATORY BRANCH November 27, 2017 Regulatory File No. 2017-03708-MMJ Coldwell Banker Burnett c/o Brian Benson 201 East Lake Street Wayzata, MN 55391 Dear Mr. Benson: This letter is in response to your request for a Corps of Engineers (Corps) delineation concurrence, and an approved jurisdictional determination for an approximately 12.72 acre property located at 1400 Bracketts Point Road, in the City of Orono. The project site is in Section 11, Township 117 North, Range 23 West, Hennepin County, Minnesota. We have reviewed the 1400 Bracketts Point Road No Wetlands Determination Report, completed by Kjolhaug Environmental received October 13, 2017, and determined that the limits of aquatic resources on this parcel have been accurately identified in accordance with current agency guidance including the Corps of Engineers Wetland Delineation Manual (1987 Manual) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region. This concurrence is only valid for the review area shown on the enclosed Figures 1-2. We concur that the review area consists of upland, and does not contain any aquatic resources that are subject to Corps of Engineers jurisdiction. The rationale for this determination is provided in the enclosed Approved Jurisdictional Determination(AJD)form. If you object to this AJD, 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 attached 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 delineation concurrence, and AJD, may be relied upon for five years from the date of this letter. However, the Corps reserves the right to review and revise the boundary 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 this period provided you submit a written request and our staff are able to verify that the determination is still valid. Regulatory Branch (File No. 2017-03708-MMJ) Page 2 of 2 Thank you for your cooperation with the U.S. Army Corps of Engineers regulatory program. If you have any questions, please contact me in our St. Paul office at (651) 290-5363 or Melissa.m.jenny@usace.army.mil. In any correspondence or inquiries, please refer to the Regulatory file number shown above. Sincerely, Melissa Jenny Project Manager Ccs: Katherine Sylvia, MCWD Ben Carlson, BWSR Rob Bouta, KES Figure 1 - Site Location 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 1,500 Feet Project Boundary Source: ESRI Streets Basemap 2017-03708-MMJ, Figure 1 !( !( !(!( 9 2 6 9 2 8 9 3 0 9 3 2 934936938940942944946948950952954 956934956948934 954930932934952944950926932942946 950932952934 950936938 928932952 Figure 2 - Existing Conditions 1400 Bracketts Point Road (KES 2017-170) Orono, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0250 Feet Project Boundary Retaining Wall Hennepin County Lidar !(Storm Drain Inlet !(Sample Point Source: MnGeo, ESRI Imagery Basemap Sample Point A 2017-03708-MMJ, Figure 2 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Mr. Brian Benson File Number: 2017-03708-MMJ Date: 11/27/2017 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://www.usace.army.mil/cecw/pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331. A. INITIAL PROFFERED PERMIT:You may accept or object to the permit. •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 approve jurisdictional determinations associated with the permit. •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. •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. •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. •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. •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: U. S. Army Corps of Engineers, Regulatory Branch Attn: Melissa Jenny 180 E. 5th Street, Ste. 700 St. Paul, MN 55101 Telephone (651) 290-5363 If you only have questions regarding the appeal process you may also contact: Administrative Appeals Review Officer Mississippi Valley Division P.O. Box 80 (1400 Walnut Street) Vicksburg, MS 39181-0080 (601) 634-5821 (601) 634-5816 (fax) 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: APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 11/27/2017 B. ST PAUL, MN DISTRICT OFFICE, FILE NAME, AND NUMBER:2017-03708-MMJ, 1400 Bracketts Point Road C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:MN County/parish/borough: Hennepin City: Orono Center coordinates of site (lat/long in degree decimal format): Lat. 44.953115°N, Long. -93.559823°W. Universal Transverse Mercator: X: 455841.450496, Y: 4977894.505084 Name of nearest waterbody: Minnehaha Creek Name of watershed or Hydrologic Unit Code (HUC): 0701020606 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc…) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: November 21, 2017 Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no “navigable waters of the U.S.” within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are no“waters of the U.S.” within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs:N/A B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):N/A C. SIGNIFICANT NEXUS DETERMINATION:N/A D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY):N/A E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):N/A F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Other: (explain, if not covered above): SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:See the 1400 Brackets Point Road No Wetlands Determination Report that was subitted by KES dated October 13, 2017. Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters’ study: U.S. Geological Survey Hydrologic Atlas: USGS NHD data. USGS 8 and 12 digit HUC maps. 2 U.S. Geological Survey map(s). Cite scale & quad name: USDA Natural Resources Conservation Service Soil Survey. Citation:1:24k Excelsior National wetlands inventory map(s). Cite name:USFWS, MN State/Local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: Aerial (Name & Date):FSA 1991-2016 or Other (Name & Date):Google Earth Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD:the parcel of land located at 1400 Bracketts Point Road, as shown on the attached figures, consist wholly of upland and does not contain any aquatic resources. Southways – 1400 Bracketts Point Road Conservation Design Application APPENDIX E Topographic Survey and Drainage Map Southways – 1400 Bracketts Point Road Conservation Design Application APPENDIX F Proposed Grading Plan and Landscape Plan