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9.e Development agreement with Minnesota Solar for 1Mw community solar at 23485 Manning Trail CITY OF SCANDIA, MINNESOTA 19th day of June, 2018, by and among the City of Scandia, Minnesota, a municipal corporation and MSC- Scandia01,LLC Developer WHEREAS, the Developer, along with Jennifer Woolford, the landowner, submitted an application for a Conditional Use Permit (CUP) to the City for a community solar garden to be located on an approximately 24.5-acre parcel of land located at 23485 Manning Trail North, as legally described on Exhibit A 06.032.20.42.0002). The Developer seeks to install a solar array on an 8.2-acre site within the Property consisting of a one Megawatt, alternating current (MWac) community solar garden (the WHEREAS, the Property is located within the Agricultural Core zoning district. The proposed use of the Property as a solar array is allowed with a CUP. WHEREAS public hearing on the CUP application on June 6, 2017, and recommended approval to the City Council of the City, which approval was granted pursuant to Resolution No. 06-20-17-02, adopted on June 20, 2017 (the WHEREAS, as a part of the Council imposed 16 conditions upon the Project, including the execution of this Agreement. The Developer has deposited sufficient escrow funds with the City to complete this Agreement and oversee the Project. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is agreed as follows: 1. Interconnection Agreement. The Developer must enter into an Interconnection Agreement with Xcel Energy, allowing for the transmission of solar energy from the Project to be distributed by the Xcel power grid. An executed Interconnection Agreement must be filed with the City before the Project may receive any building, grading, or land alteration permits from the City. The parties hereto acknowledge the Developer has executed the required Interconnection Agreement, a copy of which is on file with the City. 2. Fencing & Screening; Landscape Plan; Ground Cover Escrow. The Developer has proposed the erection of a six- to eight-foot tall chain link or woven-wire security fence around the Project. Any fence taller than six feet in height shall require an Administrative Permit from the City before it may be placed. Given the small area of the Project and the presence of existing buildings on the Property, the fence is not likely to impact wildlife movements, and no additional wildlife- friendly requirements are necessary. The Developer shall additionally provide screening of at least 95% of the view of the Project from the east, west, and south. The purpose of the screening is to prevent reflective glare toward any inhabited buildings on adjacent properties and adjacent street rights of way. Screening shall consist of a mix of coniferous and deciduous tree and shrub species that are consistent with the , use species native to Minnesota, and stand at least six feet in height at the time of planting. All plant materials must provide the required screening within two years of planting. These plantings and screenings shall be described in a Landscape Plan, to be deposited with the City. The parties hereto acknowledge the Developer has submitted the required Landscape Plan, a copy of which has been approved and is on file with the City. -growth native -friendly. The Developer shall therefore use a native seed mix for the Project that shall come from a local seed source, seed tags shall state the mix is noxious weed free and Pure Live Seed Certified, and the mix shall be one of the mixes recommended by is sufficiently installed and established, the Developer shall deposit an escrow security with the City in the amount of One Thousand and No/100 Dollars ($1,000.00) per acre of ground cover. The escrow security shall meet the requirements of the landscape escrow required by Section 3 of this Agreement. The escrow will be maintained with the City until the date that is one year after the ground cover is completely installed, in the sole discretion of the City, which date will be communicated with the Developer. During this one-year period, the City may draw on the escrow security to ensure the ground cover is installed and maintained in living condition. At the aforementioned one-year anniversary date, if, to the satisfaction of the City, the ground cover is being maintained in living condition, the City will refund the remaining escrow amount or release the letter of credit, as the case may be, to the Developer. If the City determines the escrow security must be replenished during the aforementioned one-year period, the City will communicate accordingly to the Developer in writing. Any escrow amount remaining will then be promptly refunded to the Developer. The Developer may combine the escrow amounts required by this Section 2 and the landscape escrow required by Section 3 into one aggregate escrow amount. 3. Fencing & Screening Escrow. To ensure the screening under the Landscape Plan is sufficiently established, and as a condition to executing this Agreement, the Developer shall deposit an escrow security in the amount of Thirty Five Thousand and No/100 Dollars ($35,000.00) with the City. The purpose of the escrow security is to provide the City with minimal financial protection in case the screening under the Landscape Plan is not sufficiently established, but it is acknowledged by the parties hereto that the Developer is responsible for the cost of all original and replacement plantings under the Landscape Plan, whether or not the cost of such plantings is more or less than the escrow amount. The escrow security may be in the form of a cash escrow, letter of credit or a performance bond. Any letter of credit or performance bond must be reviewed and approved by the City Attorney. The escrow will be maintained with the City until the date that is two years after the landscape screening is completely installed, in the sole discretion of the City, which date will be communicated with the Developer. During this two-year period, the City may draw on the escrow security to ensure the landscape screening is installed and maintained in living condition. At the aforementioned two-year anniversary date, if, to the satisfaction of the City, the landscape screening is being maintained in living condition, the City will refund the remaining escrow amount or release the letter of credit, as the case may be, to the Developer. If the City determines the escrow security must be replenished during the aforementioned two-year period the City will communicate accordingly to the Developer in writing. Any escrow amount remaining will then be promptly refunded to the Developer. 4. Project Decommissioning Costs. As of the date of this Agreement, it is estimated the cost of decommissioning the Project is $25,000 per mW, which is the total capacity of the that meets City Code requirements. To adequately protect the City in case the Project is decommissioned or abandoned, before any building, grading or land alteration permits are issued by the City, the Developer shall deposit financial security with the City, which may be in the form of a cash escrow, letter of credit, or performance bond, in the amount of One Hundred Twenty-Five Percent (125%) of the Decommission Cost, or Thirty One Thousand Two Hundred Fifty and No/100 Dollars ($31,250.00). Any letter of credit or performance bond must be reviewed and approved by the City Attorney. The City shall have the right to apply against the financial security all expenses incurred with decommissioning and rehabilitating the Property in case the Developer is in default or otherwise abandons the Project. The amount of the Decommission Cost will be reevaluated by a third party, mutually agreed to by the City and the Developer, on each ten-year anniversary of this Agreement. If the Decommission Cost is adjusted, said adjustment will be communicated to each party in writing and no additional amendment to this Agreement is required. 5. Access to Property. Access to the Property shall be from the existing driveway exiting on Trunk Highway 97. The Developer shall obtain any required access easements from Xcel Energy, if required to access the Property from Parcel Identification No. 190.322.0420001. The Developer shall be responsible for all costs associated with any work within or affecting Minnesota Department of Transportation (MnDOT) right-of-way, and shall obtain all required MnDOT permit(s), if required for the driveway access. The Developer shall install a lock-box or similar point of access at the entrance to the Project, to allow for emergency access at such point. 6. Wetlands. The Project must comply with all requirements of the Washington Conservation District. Included in these requirements is the obligation that the Project may not impose within jurisdictional wetlands on the Property. The Developer shall complete a wetland delineation for the Project. The Developer must evidence the Project meets the applicable setback requirements for wetlands, as provided in Ordinance No. 198, before the Project may receive any additional building, grading or land alteration permits from the City. The parties hereto acknowledge the Developer has submitted the required wetland delineation, a copy of which has been approved and is on file with the City. The parties hereto acknowledge a Notice of Decision, under the Minnesota Wetland Conservation Act, was issued by the Washington Conservation District on June 13, 2018. The Technical Evaluation Panel (TEP), consisting of a member from the Washington Conservation District, the Board of Water and Soil Resources, the Department of Natural Resources, the Comfort Lake Forest Lake Watershed District, and the City Administrator, along with the Developer, met on the Property and revised the wetland boundaries for WB03 and WB01. Additionally, the Notice of Decision provided that the south side of WB02 contained compost fill material within the wetland boundary. The parties hereto hereby consent to the conclusions of the TEP in the Notice of Decision, and the Developer shall remove the compost fill on the south side of WB02 within one (1) year from the effective date of this Agreement. 7. Engineering & Safety. The Developer must comply with the following engineering and safety requirements: (a) Before any work commences on the Property, the Developer must obtain grading and land alteration permits from the City. The Developer must submit a Grading Plan and an Erosion and Sediment Control Plan to the City before a grading permit will be released. (b) The access road to the Project will extend from the existing access driveway serving the Property. This access road must be constructed to be at least 20 feet wide to allow for emergency access. The first 30 feet of the driveway shall be constructed as a bituminous surface, to not track material onto Manning Avenue. (c) A 10- to 12-foot wide grassy area shall be provided for within the Project to allow a rescue vehicle to turn around. The turnaround must service a 35-foot wide fire truck. The interior of the Project shall always be maintained to provide sufficient width for emergency access for local law enforcement, fire, and ambulatory vehicles. (d) If necessary upon review of the Grading Plan by the City Engineer, the Developer must submit additional information to the City Engineer ensuring that water will not pond on the access road within the Project. The access road cannot be soft and non- maneuverable for heavy emergency medical vehicles. (e) All requirements of the Comfort Lake-Forest Lake Watershed District shall be complied with (including but not limited to erosion control requirements), and all permits received from the Watershed District shall also be deposited with the City. 8. Signage. The Developer shall place a clearly-visible warning sign concerning voltage at the base of all pad-mounted transformers and substations within the Project. 9. Supporting Mechanical Equipment. All mechanical equipment supporting the Project, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate, which shall be adequately screened. 10. Lighting. The Developer understands and acknowledges that no new lighting is proposed for the Project. If lighting is proposed at a later date it must meet all City Ordinance requirements. 11. Binding Effect; Assignment; Recording. (a) The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners or developers of all or any part of the Property and shall be deemed covenants running with the land. (b) Upon written notice to the City, the CUP and this Agreement, including all rights and obligations therein and herein, may be assigned, in whole or in part, to any affiliate of the Owner and, in the reasonable judgment of the City, to any party with experience owning and operating energy generation or other utility infrastructure facilities. Assignment to any other party not mentioned in the previous sentence shall require written consent by the City, such consent not to be unreasonably withheld. (c) This Agreement shall be recorded within the land records of Washington County so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property, and all recording fees shall be paid by the Developer. 12. Related Documentation. Below is a list of the planning reports, resolutions, files and final documentation related to the Project. These documents may be relied upon by the parties hereto throughout the term of this Agreement. 1. Conditional Use Permit Application, dated May 16, 2017. 2. TKDA staff memorandum to City Council, dated June 12, 2017. 3. Planning Commission official minutes, dated June 6, 2017. 4. Developer plans and specifications, dated May 16, 2017, as may be supplemented and revised. 5. Woolford Community Solar Garden Constraint Analysis, dated March 28, 2017, prepared by Westwood Professional Services for the Developer. 6. Resolution No. 06-20-17-02, Approving a Conditional Use Permit for a Community Solar Garden Located on Parcels 190.322.0110003 and 200.322.0220001 and Located at 23485 Manning Trail North, adopted by the City Council of the City on June 20, 2017. 7. Minnesota Wetland Conservation Act, Notice of Decision, dated June 13, 2018 and Delineated Wetlands map (TEP Update, 5/18/2018). 13. Administrative and Miscellaneous Expenses. The City acknowledges it has received from the Developer a sufficient escrow payment to be used to reimburse the City for any expended staff expenses on the Project, as well as planning consultant review and legal counsel review. The Developer must continue to pay all fees and escrows associated with the Project, and may be billed separately by the City for all charges over and above the aforementioned escrow amount. If the City seeks to impose additional administrative expenses on the Developer payable through a replenished escrow amount, the Developer shall be given the opportunity to review and comment on such expenses prior to the application by the City for the payment of same. 14. Indemnification; Insurance. To the fullest extent permitted by law, the Developer shall indemnify and hold harmless the City, its agents and employees from and against any and all claims, damages, losses or expenses, includ s fees, arising out of the actions of the Developer in connection with this Agreement. The Developer shall additionally provide the City with a current general liability certificate of insurance with the City, evidencing bodily injury and property coverage with limits of at least $1 million per occurrence and $1 million in the aggregate. The City shall be named as an additional insured on the policy, on a non-contributory basis. The Developer shall maintain all such insurance coverage as described in this Section for the entire term of this Agreement. 15. Breach. In the event of breach of the Developer of any or all of the terms hereof, including but not limited to the failure to complete installation of the Project as specified, the City will pursue remedies through the CUP first and will not exercise contract remedies at law or equity (such as drawing on financial securities provided by the Developer hereunder) for a opportunity to cure during such 60-day period (and such longer period if reasonably necessary, and Developer is pursuing a cure in good faith during such longer period). 16. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by any party to this Agreement to or on another party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail, return receipt requested. Such notice or demand shall be deemed timely given when delivered personally of when deposited in the mail in accordance with the above. The addresses of the parties hereto are as follows, until changed by notice given as above: City: City of Scandia, Minnesota 14727 209th Street North Scandia, Minnesota 55073 Attention: City Administrator With copy to: Eckberg Lammers, P.C. Scandia City Attorney 1809 Northwestern Avenue Stillwater, Minnesota 55082 Developer: MSC-Scandia01, LLC 332 Minnesota Street, Suite W2300 Saint Paul, Minnesota 55101 Attention: Robert W. Stolpestad 17. Miscellaneous. (a) Notwithstanding anything in this Agreement to the contrary, to the full extent comprehensive plan, official controls, state and federal laws and regulations, platting or dedication requirements enacted prior to the date of this Agreement. (b) The Developer represents to the City that the Project complies with all City, county, state and federal laws and regulations, including but not limited to zoning ordinances and environmental regulations. Development of any subsequent phases of property adjacent to the phase is approved by the City. (c) If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision will not affect the validity of the remaining portions of this Agreement. (d) Any action or inaction of the City in relation to enforcement of this Agreement shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by all parties, and approved by resolution of the City Council of t Agreement shall not constitute a waiver or release. (e) Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City at law or in equity, or under any other contract, and each and every right, power or remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient at any time thereafter. (f) Neither the Developer nor the City will have any liability to the other for special, indirect, punitive, or consequential damages arising from or relating to this Agreement, regardless of whether based on a theory of breach of contract, tort, or equity. 18. License. By this Agreement, the Developer hereby grants to the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City during the installation of the Project. This license shall expire after the Project is deemed to be substantially constructed, by mutual agreement among all the parties. The Developer shall be responsible for obtaining all proper permits from the Minnesota Pollution Control Agency, if necessary. The City makes no representation or guarantee that the permits will be granted to the Developer. 19. Clean-up. The Developer shall promptly clean up any soil, earth or debris on City- owned property, any property that is to become City-owned, or any public right-of-way resulting from construction work on the Project by the Developer, its agents or assigns. 20. Entire Agreement; Governing Law. This Agreement and the documents described in Section 12 herein represents the entire agreement between the parties concerning the subject matter hereof, and all oral discussions and prior agreements are merged herein and therein. The validity, construction, and enforcement of this Agreement shall be determined according to the laws of the State of Minnesota, applicable to contracts executed and performed entirely within that state. [The remainder of this page is intentionally left blank.] IN WITNESS WHEREOF, the City of Scandia, Minnesota and MSC-Scandia01, LLC h written. CITY OF SCANDIA, MINNESOTA Christine Maefsky Mayor Neil Soltis City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of _____________, 2018, before me a Notary Public, within and for said County personally appeared Christine Maefsky and Neil Soltis, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator of the City of Scandia, Minnesota, the municipal corporation and political subdivision named in the foregoing instrument; and that said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public MSC-SCANDIA01, LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this _____ day of ______________ 2018, before me a Notary Public, within and for said County personally appeared _________________ to me personally known, being by me duly sworn did say that he/she is the __________________ of MSC-SCANDIA01, LLC, a Minnesota limited liability company, and acknowledged said instrument to be the free act and deed of said limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Andrew J. Pratt, Scandia City Attorney Eckberg Lammers, P.C. 1809 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-20-17-02 APPROVING A CONDITIONAL USE PERMIT FOR A COMMUNITY SOLAR GARDEN LOCATED AT 23485 MANNING TRAIL NORTH; WHEREAS, Minnesota Solar Connections LLC has made an application for a Conditional Use Permit for a Solar Farm to be located on a parcel at 23485 Manning Trail North, and owned by Jennifer Woolford; and WHEREAS, the property is legally described as follows: THAT PART OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER (W1/2 OF SE1/4) OF SECTION SIX (6), TOWNSHIP THIRTY TWO (32) NORTH, RANGE TWENTY (20) WEST THAT LIES NORTH OF THE SOUTH 1812.00 FEET THEREOF EXCEPT THAT PART TAKEN FOR ROADS AND EXCEPT THAT PART LYING WESTERLY OF COUNTY ROAD 15, SUBJECT TO THE RIGHT OF WAY OF MANNING TRAIL NORTH; and WHEREAS, the Planning Commission reviewed the request for a Conditional Use Permit at a duly noticed Public Hearing on June 6, 2017, and recommended approval of the Conditional Use Permit with conditions; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does recommend approval of a Conditional Use Permit to develop a Community Solar Garden at 23485 Manning Trail, based on the following findings: 1. The proposed use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. The proposed use in in the Agriculture Core (AG C) District. The Comprehensive Plan supports long-term agriculture uses and other uses that are related to agriculture in the AG C District, and encourages the use of renewable, local and diverse forms of energy to permits the proposed use in the AG C District based on the goals in the Comprehensive Plan. improvement plans. 2. The conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, and comfort. The project will help Scandia to address the renewable energy goals adopted in its Comprehensive Resolution No.: 06-20-17-02 Page 2 of 4 Plan. Based on the conditions required for approval and operation of the Community Solar Garden, the proposed use will not negatively impact the health, safety, morals or general welfare of the surrounding properties. The proposed use will not produce emissions or pollutants. The applicant must meet City and watershed requirements for stormwater management and erosion and sediment control, and as a result will not impact ground or surface waters. The use will create minimal traffic and will use an existing driveway access to the property. The use will not create noise impacts on surrounding areas. The conditions for approval of the CUP include requirements to screen views of the solar farm by a minimum of 95% on a year-round basis from the ease, west and south. 3. With the required conditions of approval, the proposed use will not be injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes already permitted, or substantially diminish and impair property values or scenic views. The conditions of approval for the CUP require 95% screening of the property on a year- round basis to protect views from the public roadway to the west and nearby properties to the east and south. The project will not create noise or other negative impacts on adjacent properties. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for sues permitted in the district. 5. Adequate public facilities and services are available to accommodate the use which is proposed. 6. The proposed use meets the requirements of the Development Code and the specific standards for the AG C District. 7. The proposed use complies with the general and specific performance standards of the Development Code that apply to Community Solar Gardens. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The project shall be in substantial compliance with the plans submitted to the City on May 15, 2017, and shall submit updated plans to the City to address the items identified by the City Engineer and Fire Chief and the landscape plan recommendations of the Planning Commission for review and approval before a building permit shall be approved for the project. 2. The Community Solar Garden shall be in compliance with all applicable local, state and federal regulatory standards, including the current Uniform Building Code, the National Electric Code, the State Plumbing Code and the Minnesota Energy Code. 3. The Community Solar Garden shall be designed, located, and/or screened to prevent reflective glare toward any inhabited buildings on adjacent properties and adjacent street rights of way. 4. The applicant shall use a native seed mix for the site that shall come from a local seed source, seed tags shall state that the mix is noxious weed free and Pure Live Seed Resolution No.: 06-20-17-02 Page 3 of 4 Certified, and the mix shall be one of the seed mixes recommended by the Department of 5. The applicant shall address the City E The applicant shall revise the plans to include and construct a 20-foot-wide access drive. The first 30-feet of the access drive shall be constructed with a bituminous surface. The applicant shall obtain a Grading/Land Alteration Permit and shall include a grading and erosion and sediment control plan in the application. All site work shall be in compliance with the rules of the Watershed District and Washington Conservation District. The applicant shall revise the plan to show a turn-around area at the solar garden The applicant shall provide a 10- vehicle to turn around on the site. 6. All new lighting and signage at the site shall meet the Development Code lighting requirements. 7. The applicant shall comply with CLFLWD Rules and obtain any required Watershed District permit(s). 8. The applicant shall complete the wetland delineation for the site, submit the results of the delineation to the city, and revise the plans as needed to show the locations of the wetland boundaries and required setbacks to the Community Solar Garden. The applicant shall stake the wetland boundaries in the field, so that the building inspector can verify that the structures meet the required wetland setbacks. 9. The applicant shall provide a final landscape plan for City approval to screen the site from views from the east, west and south. The plan shall provide at least 95% year-round screening of views from the east, west and south. The landscape plan shall use species native to Minnesota, and plant materials shall provide the required screening within two (2) years of planting. The City shall approve the landscape plan before issuing the building permit for the project. 10. Fencing on the site shall meet the Development Code requirements and be consistent around solar projects. The applicant shall obtain an administrative permit for the fence if required. 11. The applicant shall complete an interconnection agreement with the local utility and submit a copy of the agreements to the City before it issues building and other permits. 12. The applicant shall submit proof to the City that it has obtained and maintains general liability insurance that meets the ordinance requirement. Resolution No.: 06-20-17-02 Page 4 of 4 13. Solar Systems Ordinance. Design, locations and specifications of signs shall conform to the Development Code. 14. The applicant shall complete a Developer Agreement with the City. The Agreement shall include a financial guarantee acceptable to the City to assure compliance with the Decommissioning Plan. 15. Any expansion of the Community Solar Garden shall require an amended conditional use permit. 16. The applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia City Council this 20th day of June, 2017. ______________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Neil Soltis, Administrator/Clerk Phone(952) 937-5150 7699 Anagram DriveFax(952) 937-5822 Eden Prairie, MN 55344Toll Free(888) 937-5150 Phone(952) 937-5150 7699 Anagram DriveFax(952) 937-5822 Eden Prairie, MN 55344Toll Free(888) 937-5150 Phone(952) 937-5150 7699 Anagram DriveFax(952) 937-5822 Eden Prairie, MN 55344Toll Free(888) 937-5150 BWSR Forms 7-1-10 Page 1 of 3 Local Government Unit (LGU) City of Scandia Address 14727 209th St N Scandia, MN 55073 1. PROJECT INFORMATION Applicant Name Minnesota Solar Connection, LLC-Attn: Andy Melka Project Name Woolford Community Solar Garden Date of Application 04-26-18 Application Number 2018-SCA - 1 Attach site locator map. 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): On May 17th 2018 the TEP, applicant, and consultant reviewed the delineation. Changes were made to WB03 and WB01. No changes were made to the other wetland boundaries. The boundary of WB03 was expanded to lie approximately on a contour of 963.5 ft. Saturation and vegetation largely influenced this. WB01 was shifted slightly more south to lie more consistent with the 956 ft. contour. The TEP concurs with the revised boundaries. As referenced in the report, the south side of WB02 did contain compost fill material within the wetland boundary as confirmed by the TEP. 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision:6/13/18 Approved Approved with conditions (include below) Denied LGU Findings and Conclusions (attach additional sheets as necessary): 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 Jay Riggs, Washington Conservation District Title District Manager Signature Date 6-13-18 Phone Number and E-mail 651-330-8220 x20 jriggs@mnwcd.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. As noted above, the TEP reviewed the site and concurs with the revised wetland boundaries. This approval is valid for 5 years from the date of approval above. The compost fill in Wetland 2 should be voluntarily removed to avoid enforcement actions. BWSR Forms 7-1-10 Page 3 of 3 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 $ fee (if applicable) to: City of Scandia address above 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 4. LIST OF ADDRESSEES SWCD TEP member:Jay Riggs BWSR TEP member:Ben Meyer LGU TEP member (if different than LGU Contact):Neil Soltis, City of Scandia DNR TEP member: Becky Horton DNR Regional Office (if different than DNR TEP member) WD or WMO (if applicable): Mike Kinney, CLFLWD Applicant and Landowner (if different) Members of the public who requested notice: Corps of Engineers Project Manager BWSR Wetland Bank Coordinator (wetland bank plan decisions 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 BWSR Forms 7-1-10 Page 4 of 3 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: Revised wetland delineation boundaries