HomeMy WebLinkAbout driveway over wetland U Minnesota Wetland Conservation Act •
Iv APPLICATION FOR
fay*?; t?') I-441M
CERTIFICATE OF NO LOSS OR EXEMPTION* t . _
APPLICANT AND PROJECT LOCATION INFORMATI lv
William B.Peterson LGU: Minnehaha Creek Watershed DTrtradf d ; '
Name(s) of Applicant Project Location: Hennepin County, 1/4 NW, S 31°,' ) i1$ i 23;
oRoNe
Lot 8, Orchard Park ��8215 Orchrd Lane Site Address: 420 Orchard Park Road,Orono, Minnesota
Street Address Coordinates: X: Y:
Maple Grove, Minnesota 55311 County Name/Number: Hennepin
City, State,Zip Code Minor Watershed Name/Number: Minnehaha Creek
Size of entire wetland: .5 acres
Wetland type: Circular 39 Type 2/1 ; NWI PEMB/A
Day: 952-847-9621 Schoell&Madson, Inc Check one: X<50% 0 50%-80% or 0 >80%
Telephone: Bill Peterson 612-973-1459 Check one: 0 Agricultural land; X Non-ag. land
PROPOSED PROJECT DESCRIPTION
Describe the nature and purpose of the proposed project: The purpose of the project is to design and construct a driveway to
he house on the property that will minimize the impact to wetland. The original and preferred proposed driveway ran
hrough a large wetland to the north, which the City of Orono indicated would not be feasible. Therefore, the current
i roposed driveway project has been moved to provide access from the west to minimize wetland impact.
03oc.' O 11- 3 1
imetable: project will begin on_ _ (mo/day/yr) and will be completed by / / 2001
he wetland activity at the above site qualifies for the following under the Wetland Conservation Act(WCA) (check one):
❑ No Loss Determination (attach plans)
Exemption# Subp.9.(3) (per MN Rule Chapter 8420.0122) (Note:Applicant is responsible for submitting the pro.
necessary to show qualification for the exemption claimed.)
1 escription of Exemption Claimed: Subp. 9. De minimis.
A. Except as provided in items B and C, a replacement plan for wetlands is not required for draining or filling the
following amounts of wetlands:
(3) 2,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland protection zone and that are not
fringe areas of type 3,4, or 5 wetlands in a less than 50 percent area;
he site plan for the driveway indicates 1230 square feet of fill will occur.Other alternatives would have created additional
impacts.The wetland can not be completely avoided due to safety reasons. The slope to the east of the wetland is over 10%
and having a sharp curve at the bottom of the hill could under icy conditions cause a driver to lose control of the car.
Additional land has been acquired to the south of the wetland from the adjoining property owner to minimize impacts to
the largest extent possible.
APPLICANT SIGNATURE
The information provided for this determination is truthful and accurate to the best of my knowledge. I ensure that,in draining or filling
the subject wetland under an exemption noted above, appropriate erosion control measures will be taken to prevent sedimentation of
the water, the drain or fill will not block fish passage, and the drain or fill will be conducted in compliance with all other applicable
federal,state and local requirements,including best management practices and water resource protection requirements established under!
Certificate of No-Loss or Exemption(2000)
Page I of 2
Go-
tutes, ha ter 103H. < `'A
CB L
(Signature of Applicant) (Date) Ut L 1 nOnp
Note:Any approval is not effective until signatures below are complete. No work should begin until the l5-day.appeaPwindow ha
lapsed, or, in the event of an appeal, until the appeal has been finalized ` r4
VE®
FOR LGU USE ONLY
A.)LGU has received adequate documentation for claim of No-Loss or Exemption,and approves this certificate as outlined above
L34t'4 '- I/6/0o This certificate expires (Date)
(LGU Official Signature) (Date)
❑Isscertificate for an exemption under M.R.8420.0122,Subpart 1 or Subpart 2,Item B?LGU sign below.
P not,signature above is sufficient,and certificate is complete. LGU write Not Applicable in signature block below.
B.) LGU has received evidence of recording of Declaration of Restrictions and Covenants for Impacted Wetland Under Agricultur.
Exemption(BWSR Form.B):
(County where recorded) (Date recorded) (Document#assigned by recorder)
(LGU Official Signature) A/A (Date)
*APPROVAL OF THIS CERTIFICATE ONLY APPLIES TO THE WCA. Permits from local, state, and federal agencies may l
required. Check with the appropriate authorities before commencing work in or near wetlands. The Combined Project Applicatic
form can be used for this purpose.
Within 10 days of the decision,notice of the above decision must be mailed to:
Landowner/Applicant
Members of the Technical Evaluation Panel
Department of Natural Resources Regional Office
DNR Wetlands Coordinator @
Ecological Services Section
500 Lafayette Road,Box 25
St.Paul,MN 55155
Corps of Engineers Project Manager @
Department of the Army,Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St.Paul,MN 55101-1638
Members of the public who have requested to receive notice.
Certificate of No-Loss or Exemption(2000)
Page 2 of 2
E
/4)0,/l •
O O \,
iia , j fr,T . ,, , CITY of ORONO
y' I , C. ti ' Municipal Offices
�N 1� ``��4�G'ti Street Address: Halling Address:�g04' 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323.0066
William Peterson
8215 Orchid Lane
Maple Grove, MN 55311
December 27, 2000
Dear Mr. Peterson:
The City of Orono is in receipt of your revised grading plan,dated 11/28/00 by Martin P. Campion
of Otto Associates Engineers and Land Surveyors, Inc., for driveway access to 420 Orchard Park
Road. The City has given preliminary approval for the grading plan, subject to issuance of a final
land alteration permit.
A land alteration permit can be issued following the City receiving a copy of the easement over the
property your private driveway will require crossing for access outside of the public right of way,
and your signing an original of the Hold Harmless Agreement document provided with this letter.
The letter will require signatures from you and Lynae. The City will place a condition on your land
alteration permit that the grading and driveway construction activity shall remain within the public
right of way and over any easement areas you have rights to. Any activity that requires access
on/over an adjacent property shall require a temporary work easement by the property owner to you.
Do not hesitate to contact me at (952) 249-4600 should you have any questions.
Sincerely,
VAJ ,
t.t..,41A___)
Paul Weinberger
Zoning Administrator
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
0 AFT
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
We the undersigned, 420 Orchard Park Road, shall indemnify and hold harmless the City,the City
Council and the agents and employees of the City from and against all claims, damages, losses or
expenses,including attorney fees,which the City,City Council and agents and employees of the City
may suffer to for which it may be held liable,arising debts or obligations in consequence of his/her
performance of the following improvements:
Grading, retaining structures a public right of way
Driveway and curbcut within a public right of way
No permanent easement,or property rights are being granted by the City of Orono as a result of these
improvements being located on the City right of way. The City of Orono reserves the right to order
the removal of improvements located on the right-of-way at any time.
In the event that the improvements are not removed, in a timely manner, upon a directive from the
City of Orono, the City will remove the improvements and will assess the owner for the costs of
removal.
By and ,their employees,agents
or subcontractors, whether or not caused in part by a party indemnified hereunder.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of ,20 before me a Notary Public within and for said
county,personally appeared known to me to be
the person(s) described in and who executed the foregoing instrument, and acknowledged that
he(they) executed the same as his (their) free act and deed.
Notary Public
January 4,2001
HAND DELIVERED
Mr. Paul Weinberger
Zoning Administrator
City of Orono
2750 Kelley Parkway
Orono,MN 55356
Dear Paul,
Thank you for your letter dated December 27,which was in response to my request for a letter
from the City stating that I have met the conditions outlined in the City Council Resolution 4562
granting Lot 8 Orchard Park to be a buildable lot and for building a driveway to access the Lot.
Please find enclosed a copy of the easement that I have secured for my driveway as requested and
a copy of the letter from the MCWD granting permission for land alternation within a wetland.
My wife has already been in to sign the Hold Harmless Agreement, and I will do so by the end of
the week.
As we have discussed,I will not be building and thus requesting a permit until possibly later in
the year. The intent of this letter is to make sure everything is approved by the City. From your
letter, it is my understanding that with items sent with this letter,all requirements by the City to
have this lot be deemed buildable and to build the driveway have been met. If I am
misinterpreting this please let me know ASAP,but no later than Jan. 12.
Thank you.
Sincerely,
0/e4.,c/
Bill Peterson
612-973-1459 work
763-420-2627 home
920 0 r c t ral /�cir k 1?o o�- S ft
Jan. 05 2001 3: 36PM SCHOELL & MRDSON, INC. 952-546-9065 P. 2
!lam .-...
e'�" Minnesota Wetland Conservation Act "akA
/140,14. ' i APPLICATION FOR •
�""�FFk
A• Abeill
�Z�l1CER FICATE OF NO LOSS OR EXEMPTION* pee .T'cTfliya,. gl i 0
APPLICANT AND PROJECT LOCATION INFORMATlO (It7
•
William B.yetersoo
LGU: Minnehaha Creek Watershed Dfn4,i •,; ;z.
Name(s)of Applicant Project Location:Hennepin County,114 NW,S 3kt;i 23;
Lot 11. Orchard Park
8215 Orchid Lane Site Address: 420 Orchard Park Road.Orono,Minnesota
Coordinates: : Y:
Street Address County Narne/Nurnber:Hennepin,
Maple Grstve,Minnesota 55311
City, State,Zip Code Minor Watershed Name/Number:Minnehaba Creek
Size of entire wetland: 1 acres
Wetland type: Circular 39 Type 2/1 ;NWI PEMB/A
Day: 952-847-9621 Schoell&Madson,Inc Check one:X<50% 0 50%-80% or 0>80%
Telephone:Bill Peterson 612-973-1459
Check one: 0 Agricultural land;x Non-ag. land
PROPOSED PROJECT DESCRIPTION
la .tribe the nature and purpose of the proposed prolate he
r,,_ ,f lb . t act is to deli n and co struct a driveway t
he house on the property that will minimize the impact to wetland. The original and preferred proposed driveway ra
rough a large wetland to the north. which the'City of Orono indicated would not be feasible, Therefore, the curren
i.roposed driveway project has been moved to provide access from the west to minimizewetland imoacL
&100 01
imetable1r jest will begin on Nigliffe2Bir(molday/yr)and will be completed by 10 / / 2001
.e wetland activity at the above site qualifies for the following under the Wetland Conservation Act(WCA)(check one):
❑ No Lou Determination(attach plans)
t Exemption# Subp.9.(3) (per MN Rule Chapter 8420.0122) (Note:Applicant is responsible for submitting the pro•
• cessary to show qualification for the exemption claimed)
II escription of Exemption Claimed: Subp. 9. De minimiS. '
• A. Except as provided in items B and C, a replacement plan for wetlands is not required for draining or filling the
following amounts of wetlands:
(3)2,000 square feet of type 1, 2,or 6 wetland, outside of the shoreland wetland protection zone and that are not
fringe areas of type 3,4,or 5 wetlands in a less than 50 percent area;
site plan for the driveway indicates 1230 square feet of fill will occur.Other alternatives would have created additional
impacts.The wetland can not be completely avoided due to safety reasons. The slope to the east of the wetland is over 10%
d having a sharp curve at the bottom of the hill could under icy conditions cause a driver to lose control of the car.
• dditionaI land has been acquired to the south of the wetland from the adjoining property owner to minimize impacts to
.e largest extent possible.
APPLICANT SIGNATURE
e information provided for this determination is truthful and accurate to the best of my knowledge. I ensure that,in draining or filling
e subject wetland under an exemption noted above,appropriate erosion control measures will be taken to prevent sedimentation o
he water,the drain or fill will not block fish passage,and the drainer fill will be conducted in compliance with all other applicable
ederal,state and local requirements,including best management practices and water resource protection re9uirements established under
.
Certificate of No-Loss or Exemption(2000)
Page l ort
. 20/10'd ZOIT POE Zt9 S31iS 91I ES:91 0022-6t-03Q
Jan. 05 2001 3: 36PM SCHOELL & MRDSON, INC. 952-546-9065 • p. 3
20'd 1d101
- rb/J�V WII��Wf/w...u�]I •v i -• �J
( (Date) lit[; 0 I p
Signature of Applicant)
rin
ore:Arty approval is not effective turiii signatures below are complete. No work should begin until the I S-day.apittrwinclow has
apsed,or,in the event of an appeal,wafii the appeal has been finalized• I'
FOR LGU USE ONLY
• .)LOU has received adequate documentation for claim of No-Loss or Exemption,and approves this certificate as outlined above.
&AA' /���• 121/5-lea This certificate expires (Date)
LOU Official Signature) (Date)
OIs certificate for an exemption under M.R.8420.0122,Subpart I or Subpart 2,Item B?LOU sign below.
te'lf tiny signature above is sufficient,and certificate is complete. LGU write Not Applicable in signature block below.
:.)LOU has received evidence of recording of Declaration of Restrictions and Covenants for Impacted Wetland Under Agriculture
.tion(BWSR Form.B):
•
County where recorded) (Date recorded) (Document#assigned by recorder)
LOU Official Signature) ifiA (Date)
*APPf OVAL OF THIS CERTIFICATE ONLY APPLIES TO THE NWCA. permits from local, state,and federal agencies may b-
• equtred Check with the appropriate authorities before commencing work in or near wetlands. The Combined Project Applicatio,
ern can be used for this purpose
ithin 10 days of the decision,notice of the above decision most be mailed to:
I . downer/Applicant
I embers of the Technical Evaluation Panel
i•epartment of Natural Resources Regional Office
'NR Wetlands Coordinator @
Ecological Services Section
500 Lafayette Road,Box 25
SL Paul,MN 55155 •
orps of Engineers Project Manager @
Department of the Army,Corps of Engineers,St. Paul District
ATTN: CO-R, 190 Fifth Street East
St.Paul,MN 55101-1638
I embers of the public who have requested to receive notice. •
•
•
•
Certificate orNo-Loss or Exemption(2000)
Page 2 or 2
20'20'd £0ii POE 2i9 S318S all ES:91 0002-6Z-03Q
•
r
- - DECLARATION OF EASEMENT AND AGREEMENT
FOR MAINTENANCE
THIS DECLARATION, made this day of Deember , 2000, by Richard A.
and Roberta A. Schmidt, husband and wife, hereinafter called "Grantor" and Stephen D. Towle,
hereinafter called "Grantee."
RECITALS:
1. Grantor is the owner of real property located in the County of Hennepin, State of
Minnesota, legally described as on the attached Exhibit A (the "Burdened Parcel").
2. Grantee is the owner of real property located in the County of Hennepin, State of
Minnesota, legally described as "Lot 8, Orchard Park Hennepin County, Minnesota" (the
`Benefited Parcel").
3. Grantee desires to obtain an exclusive, perpetual easement on the Burdened Parcel
for the purposes enumerated below.
4. Wherefore, Grantors and Grantee agree as follows:
ARTICLE II.
GRANT OF EASEMENT
Section I. The Grantor hereby grants to Grantee a perpetual, exclusive easement for any
purpose, including without limitation, ingress and egress (including without limitation,
roadways, walkways and parking), utilities (including without limitation, electric, gas, sewer,
water, telephone and cable), retaining walls, fences, burms, and landscaping structures, and all
rights of possession incident thereto (the "Easement Parcel"). The Grantor represents and
warrants to Grantee that Grantor owns the Easement Parcel in fee simple, free and clear of all
liens and encumbrances, and that Grantor has full power and authority to enter into this
Agreement and to grant the rights described herein.
384856/I 1
t
ARTICLE III.
DESCRIPTION OF EASEMENT
The easement is legally described as follows, to-wit:
That part of the Northwest Quarter of the Southwest Quarter of Section 32, Township 118,
Range 23, Hennepin County, Minnesota, described as follows:
Commencing at the Northwest corner of said Northwest Quarter of the Southwest Quarter;
thence on an assumed bearing of South 89 degrees. 06 minutes, 15 seconds East, along the North
line of said Northwest Quarter of the Southwest Quarter, a distance of 185.40 feet to the point of
beginning of said easement; thence South 78 degrees, 05 minutes, 37 seconds East a distance of
139.27 feet; thence North 89 degrees, 36 minutes 09 seconds East, a distance of 51.94 feet;
thence North 78 degrees, 35 minutes, 11 seconds East, a distance of 119.29 feet to the North line
of said Northwest Quarter of the Southwest Quarter; thence North 89 degrees, 06 minutes, 15
seconds West, along said North line, a distance of 305.18 feet to the point of beginning. (the
"Easement Parcel").
ARTICLE III.
COVENANTS
Section 1. Construction Costs. Grantee shall have full responsibility for all costs of
constructing a private drive, installing utilities, or otherwise improving the easement right-of-
way.
Section 2. Responsibility for Maintenance. Grantee shall operate and maintain the
Easement Parcel in good condition and repair and in accordance with applicable government
requirements, at Grantee's expense.
Section 3. Private Easement. This grant of an easement shall not be for the benefit of the
public in general, but shall be for the exclusive benefit of the owner of the Benefited Parcel.
Section 4. Duration. The easement shall perpetually bind the Burdened Parcel for the
benefit of the Benefited Parcel.
Section 5. Use of Easements. The easement herein granted shall be used and enjoyed by
Grantee, his/her/its agents, contractors, invitees and licensees.
Section 7 Successors and Assigns. This agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective executors, administrators, successors and
assigns.
384856/1 2
•
•
.
Section 9. Amendment. These Articles may be amended in accordance with the law, by
a document signed, acknowledged and recorded by both Grantor and Grantee.
Section 10. Effective Date. This Agreement shall he effective upon execution of all
parties hereto.
IN WITNESS WHEREOF, we have hereunto set our hands this 1$ day of 7eCQMir
, 2000.
kyt,.-ta
Richard A. Schmidt
/1111111
Roberta A. Schmidt
STATE OF MINNESOTA )
ss.
COUNTY OF 01,-7,1,9.4%;;./ )
The foregoing instrument was acknowledged before me this I rday of December,2000
by Richar• and Roberta Schmidt,husband and wife.
s BM R.NELSON
Notary Public r 3 NotaY?ubltc .tet
My Commission Expires Jon.31,2005
DRAFTED BY:
MOSS & BARNETT
A Professional Association
4800 Wells Fargo Center
90 South Seventh Street
Minneapolis, Minnesota 55402
384856/I 3
a
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
We the undersigned,420 Orchard Park Road, shall indemnify and hold harmless the City,the City
Council and the agents and employees of the City from and against all claims, damages, losses or
expenses,including attorney fees,which the City,City Council and agents and employees of the City
may suffer to for which it may be held liable,arising debts or obligations in consequence of his/her
performance of the following improvements:
Grading,retaining structures a public right of way
Driveway and curbcut within a public right of way
No permanent easement,or property rights are being granted by the City of Orono as a result of these
improvements being located on the City right of way. The City of Orono reserves the right to order
the removal of improvements located on the right-of-way at any time.
In the event that the improvements are not removed, in a timely manner, upon a directive from the
City of Orono, the City will remove the improvements and will assess the owner for the costs of
removal.
By 1, /1(JL JL �eGG U,� and ; I(; $4\ ? v. 1���--er'Jo ,their employees,agents
or sub&ontractors, whether or not caused in part by a party indemnified hereunder.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
On this 3Rd day of Jet,2 a y ,20 0/ before me a Notary Public within and for said
county,personally appeared L >o q e P2L. Pe* ee s a h, vi, c k'i r( known to me to be
the person(s) described in and who executed the foregoing instrument, and acknowledged that
he(they) executed the same as his (their) free act and deed.
''�� MARY ANN JOHNSONti No P lic
<r
ti _S NOTARY PUBUC.MINNESOTA S
(IMy Coernbtion Expires Jan.31,2005 (�
-
Page 1 of 2
J• -
•
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 9M day of J t n c Q,2 y ,200j_before me a Notary Public within and
for said county, personally appeared W i/h Q rn . e fe e s o n to Cr eRi e a(
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowled_ed that he the executed the same as his(their) free act and deed.
4'fr'. MARY ANN JOHNSON
• c;vv.
NOTARY PUBLIC-MINNESOTA
� Ib CannrMlon Expires Jen.31.2005
Notary .P is
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of ,200_before me a Notary Public within and
for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he(they)executed the same as his(their) free act and deed.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of ,200_before me a Notary Public within and
for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument. and
acknowledged that he(they)executed the same as his(their) free act and deed.
Notary Public
Page 2 of 2