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HomeMy WebLinkAbout2005-07-25 Applicant Ltr to BRAA & Army COE Re King Plant Access Road Wetland Delineation & ApplicationX: el Energy July 25, 2005 Mr. Benjamin Meyer Bonestroo, Rosene, Anderlik & Associates 2335 West Highway 36 St. Paul, MN 55113 1) Project Description 414 Nicollet Mall Minneapolis, MN 55401 -1993 Mr. Dan Seeman Department of the Army - COE 190 Fifth Street, East St. Paul, MN 55101-1638 RE: King Plant Access Road Wetland Delineation and Application Site Description The site is located on the Xcel Energy King Plant site in Oak Park Heights in Section 3, Township 29N, Range 20W in Washington County, Minnesota (Figure As part of the Metropolitan Emissions Reduction Project (MERP) the King Plant is undergoing several changes to the plant operations. The boiler is being overhauled, new cooling towers are being constructed and a new dry scrubber /baghouse building is being built to further reduce the emissions from the stack. Several construction laydown areas have been installed in order to accommodate the necessary building materials for this construction. One area, near the Xcel Energy railroad spur, is located adjacent to an existing wetland. For safety reasons, a new access road must be built to allow the free flow of trucks transporting building materials for the new construction. Currently, the trucks must cross the railroad tracks and compete with the trains delivering coal to the plant. This causes delays in material transport and safety concerns for the truckers. The new access road will impact a small portion of the southern end of an existing wetland. Two underground utility lines pass near the southern tip of this wetland and a culvert drains the nearby road to this wetland. While this wetland is not located in an area of historical wetland, listed in D N R wetlands inventory nor is it of high value, it was determined by the TEP that reviewed it on June 30, 2005 to be of significance that will require mitigation. Some alternatives considered for not impacting the wetland were as follows: 1. don't build the road. This alternative was not practical due to the reasons explained above; 2. make the road a temporary road. This alternative was not considered practical since the road is needed for more than one year; 3. make the road narrower. The road width was reduced from 24 feet to 20 feet, reducing the impact to the wetland; 4. move the road closer to the railroad tracks. The road was moved closer to the tracks, avoiding as much impact to the wetland as possible. In fact, the realignment of the road and the narrowing of the road has reduced the amount of impacted wetland from 2070 square feet to 570 square feet. The King Plant staff has been very proactive in their commitment to the environment. They initiated a Peregrine falcon nesting program on the stack in the late 1980's with phenomenal nesting success. An osprey nest platform has been installed on the old coal unloading equipment and has attracted a pair of ospreys. In addition, the plant will achieve a thermal discharge reduction to the St. Croix River through installation of new cooling towers. New traveling screens will be installed in the river intake system in order to benefit the fish spawning in the area. Wetland Delineation Methods The wetland delineation was conducted in accordance with the United States - Army Corps of Engineers 1987 Wetland Delineation Manual. Results The National Wetland Inventory Map does not show this area as a wetland (See Figure 4). This area is also not listed on the DNR Protected Water Inventory Map (Figure 2). An aerial photograph of the area dated 1964 does not show that this area is in historical wetland. The Soil Survey of Washington County shows that this area is in Burkhardt sandy loam (Figure 5). The area is currently serving as a storrmwater runoff pond for the King Plant entrance road as evidenced by a culvert. The coal yard lies directly to the East of this runoff area. The area has probably been a stormwater pond long enough to develop hydric soils and support hydrophytes. When digging the soil pits for wetland determination it was impossible to dig much deeper than 12 inches due to the gravel and rocks below that level. Therefore, a soil probe was used to sample soils deeper than 12 inches, when possible. In addition, the area is highly disturbed as evidenced by a gas pipeline and telephone cable installation running through the area as well as pieces of asphalt and concrete in the area. Sample Point A was dominated by reed canary grass, jewel weed, woodbine, green ash and box elder. The site was not inundated and saturated soils were not present in the top 12 inches. Soils were dark brown sandy loam in the top 10 inches and gravel and rock below 10 inches. This site did not meet wetlands characteristics Sample Point B was dominated by reed canary, jewel weed, bedstraw, woodbine and green ash. The site was not inundated but saturated soils were present in the top 12 inches. Soils were dark brown sandy loam in the top 12 inches and gravel and rock below 12 inches. This site did meet wetlands characteristics. Sample Point C was dominated by jewel weed, moss, black willow and green ash. The site was not inundated but saturated soils were present in the top 12 inches and the depth to free water was 14 inches. Soils were dark brown sandy loam-in the top 10 inches and rocks and gravel below 10 inches. This site did meet wetlands characteristics. Sample Point D was dominated by reed canary, black nightshade, jewel weed, red -osier dogwood, green ash and black willow. The site was not inundated but saturated soils were present in the top 12 inches. Soils were dark brown sandy loam in the top 12 inches and gravel and rock below 12 inches. This site did meet wetlands characteristics. Sample Point E was dominated by reed canary, jewel weed, yellow rocket, red - osier dogwood, green ash and black willow. The site was not inundated and_ saturated soils were present in the top 12 inches. Soils were dark brown sandy loam in the top 10 inches and rocks and gravel below 10 inches. This site did meet wetlands characteristics. Sample Point F was dominated by reed canary, thistle, jewelweed, red -osier dogwood, aspen and green ash. The site was not inundated and saturated soils were not present in the top 12 inches. Soils were dark brown sandy loam in the top 12 inches and rocks and gravel below 12 inches. This site did not meet wetlands characteristics. Data forms for the wetland determination are presented in Appendix A. Sequencing Conclusion Avoidance There were several alternatives reviewed when planning the installation of the new access road — don't build the road, make the road narrower, move the road closer to the railroad tracks, and/or make the road temporary. Minimization Impact to the wetland has been minimized by relocating the access road closer to the railroad tracks and making the road 4 feet narrower. (from 24 ft to 20 ft) This has caused a significant reduction to the amount of wetland impacted by road construction - from 2070 sf to 570 sf. The southern edge of the wetland being impacted by the new access road construction was delineated and determined to be a Type I wetland. The delineation line generally followed the line of reed canary grass and black willow trees. The amount of impact to this wetland was determined to be 570 square feet This information will be in Figure 6, which is being updated. A copy of this figure will be sent as soon as it is available. The total size of this wetland was estimated to be 1.37 acres. A Basic Application form for Water/Wetland Projects is included in Appendix B. Since Xcel Energy has no property on which to construct a wetland to mitigate impacts to the wetland we are opting to purchase wetland bank credits. The BWSR application form for Minnesota Wetland Bank credits is included in Appendix C. There were no COE approved wetland bank credits available for purchase in Washington County. However, I was able to locate a seller within the St. Croix watershed in Chisago County that is approved by COE. A purchase agreement with that seller is included in Appendix D. Please review the enclosed information as soon as possible and let us know of your decision to approve the project. If you need any further information, please call me at (612) 330 -6743. Sincerely, �lla Sharon Sarappo Senior Environmental Analyst Attachments Figure 1 — Site Locator Map Figure 2 - DNR Protected Waters Inventory Map Figure 3- Aerial Photo of Project Figure USF & WS National Wetland Inventory Map Figure 5— Washington County USDA Soil Map Figure 6 - Access Road Plan and Wetland Delineation Line Figure 7 — Photo of wetland - looking SE Figure 3 — Photo of wetland — looking SW Figure 9 — Soil Pit Location C Appendix A --- Forms for Wetland Determination Appendix B -- Basic Application for Water/Wetlands Projects Appendix C — Minnesota Wetland Bank Credit application Appendix D --- Purchase Agreement for Wetland Bank Credits Cc: Eric Johnson --- City of Oak Park Heights Jyneen Thatcher - Washington Conservation District Molly Shodeen - DNR Melissa Lewis — Middle St. Croix WMO cr) cr) • OE g 6 fV p ; 1 t 4 t / f1 o ".r z r F r° p Lf r'o ` r F 2 r p :PT 1 . . 0 ? rO .00'89 9 f !" 11 6 '& 4 oFt7 CL ct 0 U O w W cc LL o M 7:1 0 (NI ti 0 .1.0 p9 9170 U a. 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' • ^,, .14,-'4....,: il.:',4.S9,,,i1,-., ,,,, PUB KGx •„!.....4.4-wsv4440“1 ..-,f,-_-_,=..-',,..-,-. -* ..'t.'? -, :. , P.'. , .. ;;,;-',. '4 ' .,.. , .,, , , .‘.; ..„;•...,,,i,11:,„ ., -“';; '.' ,'''.7,--,k,'-'....' _ ..: pEMB '."..;''.,''' s., ;,.,,,.."-"~"....- ,,, ,-. '-., `-:,.`"' -•,,,i,,-':', . - -` ,`,1,,,,,., • ;`,..:::64:-.''''-'-'1. - .• ... ,,. PUBGx ,' Washington Stillwater Wetlands Data Available psS1B _,.... - , PEMC )' i31 _____, PFO1B Ll U — SS1C ,-,:,--:--- T ), :. ... ___,_----- ...,,,, , PEMBg PUBG . ; Map Center: 92° 4T 12.71" W, 45° 1 59.47"`N , 114 i 896D 507 49B oo C) U) I55C 858C 2 310 000 FEET FIGURE 5 - WASHINGTON CO. USDA SOIL MAP (Joins inset, sheet 32) WASHINGTON COUNTY, MINNESOTA - R. 20 W. Joins sheet 43) 155C CROIX I I a 0 U f f co co "P''''5 iIOSOhIsN n .+�a4�fl 1 r9lSii° ,: " lt�arClllilos pup aULIli! 14f oS�iZ 6 i�lti 1 N O r- ■ x rr wu FIGURE 7 LOOKING SE FIGURE 8 LOOKING SW FIGURE 9 SOIL PIT LOCATION C Appendix A Data Forms for Wetland Determination Project /Site: Applicant /Owner: Investigator: LL Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) VEGETATION Dominant Plant Species 2. tad JL 3)1,1_ 3. 6. e_ider Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC -). Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge VAerial Photographs Other No Recorded Data Available Field Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: B2 Remarks: a misci_k +t DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Stratum 14 Indicator Yes ea) a No Yes (� D•� inant Plant Species Stratum « Ciftatda-Le 11. .12— 411-'e-i1.-044-5SU-S i' 12. 3. Date: _7 County: State: Community ID: Transect ID: Plot ID: Indicator Wetland Hydrology Indicators: Primary Indicators: inundated Saturated in Upper 112 Inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Water - Stained Leaves Local Soil Survey Data FAC - Neutral Test Other (Explain in Remarks) Appendix B Blank and Example Data Forms SOILS Map Unit Name (Series and Phase): (Se } 1_12C Taxonomy (Subgroup): la 01.1 Profile Description: Depth (inches) Horizon Matrix Color qt-Lv e IZ Hydric Soil Indicators: Histosol Histic Epipedon . Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low - Chroma Colors Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Remarks: Appendix B Blank and Example Data Forms Mottle Colors (Munsell Moist) (Munsell Moist) Gb No (Circle) Yes Yes (5) Drainage Class: Field Observations Confirm Mapped Type? (e Mottle Abundance/ Texture, Concretions, Size /Contrast Structure. etc. Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List _ Listed on National Hydric Soils List Other (Explain in Remarks) ---- (Circle) Is this Sampling Point Within a Wetland? Yes C:.) Approved by HQUSACE 3/92 B3 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project /Site: Applicant /Own , a__Eate Investigator: Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) VEGETATION Dominant Plant Species. (ace. _.. __.___... 3. ,. . If i 1 Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC -). Remarks: B2 HYDROLOGY Reid Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge IF Photographs Other No Recorded Data Available Stratum Remarks: efa /&t' „ Indicator > (in.) )1cvi (in.) f L t 13. 15. 2, Date: 7 - County: Li_diutc State: Community ID: Transect ID: Plot ID: Dominant Plant Species . Stratum Indicator 10 _.. 00 ___ — 11 LIM 12. + �r ---� , Wetland Hydrology Indicators: Primary Indicators: l9indated ',"-"Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Water- Stained Leaves Local Soil Survey Data 7 FAC- Neutral Test Other (Explain in Remarks) Appendix B Blank and Example Data Forms SOILS Map Unit Name , (Series and Phase): _ _ Drainage Class: Field Observations ` � �, Taxonomy {Subgroup }:...... • .95� — Confirm Mapped Type? Profile Description: Depth (inches) Horizon A- l6 �1� is-�� 15_ 1 Y/3 to -� - - Hydric Soil Indicators: Histosol Histic Epipedon' Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low - Chroma Colors Remarks: c8 1 2 'A de WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Remarks: Appendix B Blank and Example Data Forms Mottle Colors Matrix Color (Munsell Moist) (Munsell Moist} Size /Contrast Yes No (Circle) Yes No Yes No Mottle Abundance/ Texture, Concretions, Structure. etc. _ Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) (Circle) Is this Sampling Point Within a Wetland? yes No Approved by HQUSACE 3/92 Project /Site: Applicant /Owner: Investigator Do Normal Circumstances exist on the site? I s the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? If needed, ex lain on reverse. VEGETATION Dominant Plant Species 1 �. -�-� ...._ 6. 7. Percent of Dominant Species that are OBL, FACW or FAD (excluding FAC -). Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or ride Gauge e7 Aerial Photographs Other No Recorded Data Available Field observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: B2 Remarks: DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Stratum Indicator Dominant Plant Species 9 . - J4 4 \--pa- - h.E. 1 .--C- 12.,.5.1 13. ' �,.. ---- 14.- 16. Yes �o No Yes C6) Ad Date: - County: State: Community ID: Transect ID: Plot ID: Stratum Indicator Wetland Hydrology Indicators: Primary Indicators: ndated Saturated in Upper 12 Inches Water Marks Drift Lines _ Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Water - Stained Leaves Local Soil Survey Data FAC - Neutral Test .�__. Other (Explain in Remarks) Appendix B Blank and Example Data Forms SOILS Profile Description: Depth Matrix Color Mottle Colors finches) Horizon (Munsell Moist) iMunsell Moist) ?I:L:1ot -A_ Mottle Abundance/ Texture, Concretions, Size /Contrast Structure. etc. A Hydric Soil Indicators: __ Histosol Concretions � istic Epipedon. High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils -- Aquic Moisture Regime Listed on Local Hydric Soils List w__ Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors __ Other (Explain in Remarks) Map Unit Name (Series and Phase): Taxonomy (Subgroup): Remarks: Remarks: �t V A_Ve-ce) )9 WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Appendix B Blank and Example Data Forms , itcw4doiL. No (Circle) No No Drainage Class: Field Observations Confirm Mapped Type? Yes No (Circle) Is this Sampling Point Within a Wetland? C9 No Approved by HQUSACE 3/92 B3 Date: County: State: h- /At Community ID: Transect ID: Plot ID: Project /Site: Applicant /Owner: Investigator: - e�L__C -c,e Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) Yes CO No Yes Cg VEG ETAT1ON Dominant Plant Species Remarks: B2 HYDROLOGY Remarks: Field Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Stratum AA if Percent of Dominant Species that are OBL, FACW or FAC (:" 1J (excluding FAC-). ant Plant Species �. Stratum Wetland Hydrology Indicators: Primary Indicators: undated t/ Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary indicators ( or more required): Oxidized Root Channels in Upper 12 Inches Water - Stained Leaves ocal Soil Survey Data FAC - Neutral Test Other (Explain in Remarks) Indicator Appendix B Blank and Example Data Forms SOILS Map Unit Name � W., hCt (Series and Phase): C p Taxonomy ( Subgroup): Profile Description: Depth - (inGhes) Horizon -o Hydric Soil Indicators: Remarks: Matrix Color (Munsell Moist) /2_ ( 343_ Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low - Chroma Colors Remarks: ru WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Appendix B Blank and Example Data Forms Mottle Colors (Munsell Moist/ No (Circle) e No Yes No Mottle Abundance/ Texture, Concretions, Size /Contrast Drainage Class: Field Observations Confirm Mapped Type? r 5) No Structure, etc. OQ Concretions T _ High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List _ Listed on National Hydric Soils List w _ Other (Explain in Remarks) (Circle) is this Sampling Point Within a Wetland? es No Approved by HQUSACE 3,S2 B3 1 B2 Project /Site: Applicant /Owner: ���------- - - - - -- Investigator: Do Normal Circumstances exist on the site? is the site significantly disturbed (Atypical Situation)? is the area a potential Problem Area? (If needed, explain on reverse.) VEGETATION Dominant Plant Species .A Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: Remarks: '-VQ--(0 (c DATA FORM ROUTINE WETLAND DETERMINATION (1 987 COE Wetlands Delineation Manual) Stratum Indicator t om' ---_ -- ed. :E8P--3A) 6 ._._. - _. fM _mA,Lt_w Lupo 074- Percent of Dominant Species that are CBL, FACW or FAC (excluding FAC -). Yes No Yes No Yes No s. Y c� ��m o 'Want Plant Species Stratum v i 11. X12 Date: W. County: State: Wetland Hydrology Indicators: Primary Indicators: l undated turated in Upper 12 Inches /Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Local Soil Survey Data FAG- Neutral Test Other (Explain in Remarks) Community ID:.- .�._.w.,__ Transect ID: Plot ID: Indicator eia$ Appendix B Blank and Example Data Forms SOILS (Series and Phase): __OSKticara 'Map Unit Name 1/4 Taxonomy (Subgroup)t_4 f% L- 4 0 -1X kl(7 1Le-( WETLAND DETERMINATION Hydric Soil Indicators: Histosol _ Histic Epipedon Sulfidic Odor Aquic Moisture Regime _ Reducing Conditions Gleyed or Low-Chroma Colors Remarks: Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Remarks: Appendix B Blank and Example Data Forms Drainage Class: Field Observations Confirm Mapped Type? Profile Descriotion: Depth Matrix Color Mottle Colors Mottle Abundance/ (inches) Horizon (Munsell Moist) (Munsell Moist) Size/Contrast Yes No (Circle) Yes No Yes No Texture, Concretions, Structure, etc. _ Concretions _ High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Soils List Listed on National Hydric Soils List _ Other (Explain in Remari<s) fry (Circle) is this Sampling Point Within a Wetland? ()No Approved by HQUSACE 3/92 Project /Site= Applicant/Owner: Investigates ._ fWe'S_E Do Normal Circumstaines: exist on the site? Is the site ssgnificantiydisturbed (Atypical Situation)? Is the area a potentialProblem Area? ,(If needed, explainasn: reverse.) Yes I� No Yes Date: County: State: I Community ID: Transect ID: Plot ID: VEGETATION Dominant Plant S ecies Stratum Indicator 1 + HT-4) . 3 .e 4._ 5._ 6. 7. _ 8 , _ _ ___. Percent of Dominant ant Speciestttat: are OBL, FACW or FAC (excluding FAC-). Remarks: c k,c0.5'y Jrct HYDROLOGY RecordeiOata (Descriliein Remarks): Stream, Lake, or T.t Gauge A+ersai Photographs Other No Recorded Data Ava fe B2 Remarks: Field Observations: Depth of Sanface Water. Depth to F Water in Pit: Depth to Serrated Soil: DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) tti ()Lk_ Do nant Plant Species Stratum indicator ' 9. . _ 4 I o. airai (I1 \) cL e_-_ .._.... �.. 11.X-bv1 (—t—le: _ i 12 - N e —_.�. _ _.... w..______... 13. .)i() .. cevnt d _ 1 4. t • ' 4 L ._....._ • b K 16. .._. tef @ Wetland Hydrology Indicators: Primary Indicators: Inundated Saturatedin Upper 12 Inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Water - Stained Leaves ocal Soil Survey Data FAC - Neutral Test �_.._ Other (Explain in Remarks) Appendix B Blank and Example Data Forms \'e SOILS (Series and Phase)aLUI.j Drainage Class: _- Map Unit Name - Field Observations Taxonomy (Subgroup): Confirm Mapped Type? No Profile Description: Depth (inches) Horizon 1/ Hydric Soil Indicators: Remarks: WETLAND DETERMINATION Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low-Chroma Colors Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Remarks: Matrix Color Mottle Colors (Munsell Moist) (Munsell Moist) Size/Contrast Appendix B Blank and Example Data Forms Yes No (Circle) Yes No Yes No Mottle Abundance/ Texture, Concretions, Structure, etc, Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils --- Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) (Circle) Is this Sampling Point Within a Wetland? Yes cc) Approved by HOUSACE 3192 B3 Appendix B Basic Application for Water/Wetland Projects NA- 026620 -03B (V.2.02 for MS WORD) 10/29/04 Minnesota Local /State /Federal Application Form for Water/Wetland Projects For Internal Use Only Application No. Field Office Code Date Initial Application Received Date initial Application Deemed Complete PART 1: BASIC APPLICATION "See HELP" directs you to important additional information and assistance Instructions, Page 1. 1. LANDOWNER/APPLICANT CONTACT INFORMATION (See Help 1) Name: AC €. Phone: (c:\ b7'j Complete mailing address: zit` Ai, ecalf .e+- (vtictect SSVO 1A. AUTHORIZED AGENT (See Help IA) (Only f applicable, an agent is not required) ' Name: { Phone: Complete mailing address: 2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed) Name or I.D. # of Waters Impacted (if applicable; if known): (Check all that apply): []Lake ❑River f Wetland type cii3 I ❑ 1 L ❑ 2 ❑ 3 04 ❑ 5 ❑ 6 ❑ 7 [] 8 Indicate size of entire lake or wetland (check one): J Less than 10 acres (indicate size: 1, 7 ) ❑ 1 D to 40 acres ❑ Greater than 40 acres 3. PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance): Project street address: k(),3 ' Picuyt4 . d Fire #: City (if applicable): 66,K Pte. 1 Section:N r /VA/ Section: 3 Township #: 3q Range #:00 t. County: Lot #: U1/4..r.6\( �� Block: Subdivision: Watershed (name or #) Attach a simple site locator map. If needed, include on the map written directions to the site from a known location or landmark, and provide distances from known locations. Label the sheet SITE LOCATOR MAP. 4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed. Lee 5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to construct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project. This is the most important part of your application. See HELP 5 before completing this section; see What To Include on Plans (Instructions, page I). Attach PROJECT DESCRIPTION sheet. Footprint of project: ] , t? # acres or57o square feet drained, filled or excavated. 6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of which may be "no build" or "do nothing "), and explain why you chose to pursue the option described in this application over these alternatives. Attach PROJECT ALTERNA TI YES sheet if needed. ,ijy,' -� � °� ‘ & m66_ kAc� t-r ie u., `- P ro �� 5 la�e b.\tf-fCa c \k-,0 c� se . C_f-04ss� r -, 4 -ru tveLo be'a 7. ADJOININ ROPERTY OWNERS. For ro ects that i act more than 10 0 P J P 10,000 square feet of water or wetlands, list the complete mailing addresses of adjacent property owners on an attached separate sheet. (See HELP 7) 8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? ❑ Yes RiNo. If yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8) 9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related tp this proposed project that are either pending or have already been approved or denied on a separate attached sheet. See HELP 9. { rev ► ,L j --- 10. I am applying for state and local authorization to conduct the work described in this application. I am familiar with the information contained in this application. To the best of my knowledge and belief, all information in Part I is true, complete, and accurate. I possess - ority to undertake th - wor, ' escribed, or I am acting as the duly authorized agent of the applicant. ignature of applic nt andowner) Date Signature of agent (if applicable) Date i'his block must be signed by the person who desires to undertake the proposed activity and has the necessary property rights to do so. If only the Agent has signed, please attach a separate sheet signed by the landowner, giving necessary authorization to the Agent. Minnesota LocaUState/Federal Application Forms for Water/Wetland Projects Page 1 R 325} OMB APPROVAL NO. 0710-003 Expires Dec 31, 2004 lough the ma jority of applications should require 5 hours or less. This includes 1 needed, and completing and reviewing the collection of information. Send ig suggestions for reducing this burden, to Department of Defense, Washington vay, Suite 1204, Arlington, VA 22202 -4302; and to the Office of Management f be aware that notwithstanding any other provision of law, no person shall be -ently valid OMB control number. Please DO NOT RETURN your form to trisdiction over the location of the proposed activity. an Water Act, Section 404, 33 USC 1344; Marine Protection, Research and . l be used in evaluating the application for a permit. Routine uses: This nt agencies. Submission of requested information is voluntary; however, if :LLED IN BY THE CORPS EIVED 4. DATE APPLICATION COMPLETED i-10 and 12 -25 in the SHADED AREAS. 1, also complete items 8 and 11. This optional Federal form is valid s entire state a lication acket. GENT'S NAME AND TITLE (an agent is not required) ESS tE> •ing an agent) agent in the processing of this application and to furnish, upon request, DATE: � T ,A DDR'ESS ( if :applici ble DISCAR rYr �r;c S I ▪ C YARD .ti O■`a3TH ER=` is for Water/Wetland Projects SCRIBE. COMi TED W r4 scribed in this application. I certify that the information in this :y to undertake the work described herein or am acting as the duly fire of agent (if any) Date ty (applicant), or it may be signed by a duly authorized agent if 7 that: Whoever, in any manner within the jurisdiction of any ►vers up with any trick, scheme, or disguises a material fact or false writing or document knowing same to contain any false, , ned not more than five years or both. TE. (Proponent: CECW -OR) FOR LGU USE ONLY: Determination for Part 1: ❑ No WCA Jurisdiction ❑ Exempt: No. (per MN Rule 8420.0122) ❑ No Loss: (A,B,...0, per MN Rule 8420.0220) ❑ Replacement required --- applicant must complete Part II COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT IS NOT REQUIRED: Application is (check one): 0 Approved ❑Approved with conditions (conditions attached) ❑ Denied Comments/Findings: County where recorded Date LGU official signature Date Name and Title For Agricultural and Drainage exemptions (MN Rule 8420.0122 Subps. 1 and 2B), LGU has received proof of recording of restrictions (per MN Rule 8420.0115): LGU official signature Document # assigned by recorder Date Minnesota Local/State /Federal Application Forms for Water/Wetland Projects Page 3 King Plant Access Road Project Description Xcel Energy proposes to build a new access road in order to facilitate the delivery and transport of building materials associated with the construction of the new air quality control equipment. This equipment is being installed as p art of the Metropolitan Emissions Control Project (MERP) and will result in reduced air emissions of NOx, S02 and particulates from the stack. Currently, the road from the materials laydown area is located such that the trucks must cross the Xcel Energy railroad spur. This arrangement causes serious delays in materials delivery when trains are parked on this spur during coal deliveries. This is also a safety concern. Installation of the new access road would eliminate the necessity for the trucks to cross the railroad tracks as this new road will parallel the railroad tracks and allow the trucks to pass unobstructed by trains. In addition, this road will serve as an alternate access for emergency vehicles when trains are blocking the road to the plant. The new road will be 20 feet wide and approximately 250 feet long in order to accommodate two -way truck traffic. The road will be constructed - using standard techniques which includes the following: removal of trees and vegetation using construction equipment; installiing sub-base materials using a dump truck and bulldozer; installing road base. The road sub-base will be 5 feet deep and 70 feet long within the wetland. The road base will be 12 inch deep compacted Class 5 gravel. The area of impact to the wetland is 570 square feet or 0.01 acres. This new access road is needed immediately as materials are already being delivered to the plant in anticipation of construction of the new air quality control equipment. PART 11: REPLACEMENT PLAN SUPPLEMENT For assistance in completing Part II, contact your Local Government Unit or a professional consultant DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: 1) Use one row of boxes for each wetland impact; 2) "second If your project hass r 3) more one wetland p Y im act reference your overhead view (part of Section 5) to this chart by identifying and labeling "first i ed 1 ne and leave the pa blank; e the first � o verhead view; 3 If you are identifying only one wetland type within a given wetland impact area, u� a dotted lines to indicate each wetland type, and f you have chosen to identify more than one wetland type within a given wetland impact area, use im act area; 5) If you do not have access to some of ntify predominant vegetation and size of impacted area for each separate wetland type within P information, call your LGU or SWCD office for assistance. (Photocopy chart for more impacts, if needed.) DESCRIPTION OF WETLAND IMPACTS Watershed name or number Of known) County, Section, 'Township, Range Wetland type Predominant Size of area vegetation in impacted impacted (in acres or wetland area square feet) Existing land use in project area (check all that apply) ❑ Housing ❑ Commercial Industrial Parks /recreation areas ❑ Highways and associated rights -of -way ❑ Forested ❑ Farmsteads /agricultural ❑ Vacant lands ❑ Public and semi- public (schools /goV't facilities) ❑ Airporfs El Extractive (gravel pits /quarries) ❑ Other: Wetland impact (as noted on overhead view) First impact Second impact If you are identifying only one wetland type within g sify more a n a given wetland impact area, use the first dotted line and leave the others blank. If you have chosen g to d n iandore given wetland wetland impact area, use the extra dotted lines to indicate each separate wetland type, and identify predominant :han one wetland type within g 3f impacted area for each separate wetland type with that impact area. TOTALS OF AREA(S) IMPACTED FOR EACH WETLAND TYPE ON CHART (indicate acres ❑ or square feet ❑) Type: 1 :5 7C ' 1 L: 2: 3: 4: 5: 6: 7: S: R: 12. SPECIAL CONSIDERATIONS. Are you aware of any special considerations that apply to either the impact site(s) or the replacement site(s)? ❑ Yes No (Examples: the presence of endangered species, special fish and wildlife resources, sensitive surface waters, or waste disposal site.) If YES, list and describe briefly. 13. SHORELAND IMPACT ZONE: Please identify each wetland impact site noted in Section 15 that is within 1 000 feet of a lake or 300 feet of a river. fY Minnesota LocallState/Federal Application Forms for Water/Wetland Projects Page 4 Identify Wetland replacement site (as noted on overhead view) Watershed name or number (if known) County Section, Township, Ran Wetland TYPe1 Type(s) of replacement credits (in acres or square feet) Restored or created? Indicate R or C New Wetland Credits (NWC) Public Value Credits (PVC) . Name of First replacement site 1 aQ dk` �_�� a�_ _._. __ o _L o a __ _______ a_e ; _.- �.._ Name of Second _____�_____.._..___.___. replacement site .__.- ___.__.- ._..._. ____.__.__ __._.___. ___-___ ______ _ ._- ..._.___- ..____ ..._____.._...._..._.___, .___.______..__ 14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be accomplished (check only one box below and continue as indicated): 14 A. Wetland banking only Complete Application for Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LGU, or download a copy from www.bwsr.state.mn.us Skip to Section 19, page 6 (You do not need to complete Sections 15 -18). 15. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCTION (Complete this section only if you marked Box B or Box C in Section 14 above): ❑ B. Project - specific replacement only Continue with Section 15 below. ❑ C. A Combination of wetland banking and project- specific replacement Complete Application for Withdrawal of Wetland Credits Form and include with your application. Copies of this form are available from your LGU, or download a copy from www.bwsr.state.mn.us Continue with Section 15 below. Describe in detail how replacement wetland(s) will be constructed. If several methods will be used, describe each method. Details should include the following: I) type of construction (such as excavated in upland, restored by tile break, restored by ditch block or revegetated); 2) type, size and specifications of outlet structures; 3) elevations relative to Mean Sea Level or established benchmarks or key features (such as sill, emergency overflow or structure height); 4) what best management practices will be implemented to prevent erosions or site degradation; 5) proposed timetable for starting and ending the project; and 6) a vegetation management plan. Write this description on a separate sheet of paper Iabeled DESCRIPTION OF REPLACEMENT WETLAND CONSTRUCTION. 16. SURPLUS WETLAND CREDITS: If using project-specific replacement (Box B or Box C in Section 14 above), will the replacement result in any surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? ❑ Yes ❑ No. If yes, submit a Wetland Banking Application directly to your LGU. Copies are available from your LGU, or download a copy from www.bwsr.state.mn.us 17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below: 1) Use one row of boxes for each - wetland replacement - site; 2) If your project has more that one wetland replacement site, reference your overhead view (part of Section 5) to this chart by identifying and labeling "first replacement site" and "second replacement site" on your overhead view; 3) If you are identifying only one wetland type within a given replacement site, use the first dotted line(s) and leave the others blank; 4) If you have chosen to identify more than one wetland type in a given replacement site, use the extra dotted lines to indicate each separate wetland type, and identify type(s) of replacement credits and "restored or created" for each separate wetland type with that replacement site; 5) If you do not have access to some of the information, or if you do not know your replacement ratio, call your LGU or SWCD office for assistance. Photocopy chart for more wetland replacements, if needed.) DESCRIPTION OF REPLACEMENT WETLANDS 'Circular 39 wetland types: Indicatel, IL, 2, 3, 4, 5, 6, 7, 8, R, or U. If you are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank. If you have chosen to identify more than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each separate wetland type, and identify predominant vegetation and size of impacted area for each separate wetland type within that impact area. 6,0 a a c--- TOTAL NWC TOTAL PVC REQUIRED REPLACEMENT RATIO: (If known) Minnesota Local/State /Federal Application Forms for Water/Wetland Projects Page 5 0 18. ADDITIONAL INFORMATION REQUIRED FOR PROJECT - SPECIFIC REPLACEMENT (Required only if you marked Box B or Box C in Section 14): For projects involving at least some project- specific replacement, include the following additional information: ❑ Two drawings to scale of the replacement wetland. Include both overhead view and profile (side view or cross - sectional view). See What to Include on Plans (Instructions, Page 3) for a detailed description of what should be included in these drawings. Without drawings, your application will be considered incomplete. 0 For created replacement wetlands, include additional soils information (if available) that indicates the capability of the site to produce and maintain wetland characteristics. Note I: For replacement wetlands located on pipeline easements, you need to receive endorsement of your project from both the easement holder and the Minnesota Department of Public Safety's Office of Pipeline Safety. Before start of construction, the owner of any utilities must be notified. The landowner or contractor is responsible for giving this notice by calling "Gopher State One- Call" at 652-454-0002 (Twin Cities Metro Area) or 1 -800 -252 -1166 (all other Iocations). Note 2: For extensive or complex projects supplementary information may be requested at a later dated from one or more of the responding agencies. Such information may include (but not be limited to) the following: topographic map, water table map, soil borings, depth soundings, aerial photographs, environmental assessment and/or engineering reports. 19. SIGNED AFFIRMATION: FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING ONLY. To the best of my knowledge and belief, all information in Part II is true, complete and accurate; and I affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank. FOR PROJECTS INVOLVING EITHER PROJECT - SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF WETLAND BANKING AND PROJECT- SPECIFIC REPLACEMENT: Part A: The replacement wetland. I affirm that the replacement wetland was not: Previously restored or created under a prior approved replacement plan or permit; AND Drained or filled under an exemption during the previous 10 years; AND Restored with financial assistance from public conservation programs; AND Restored using private funds, other than landowner funds, unless the funds are paid back with interest to the individual or organization that funded the restoration; and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement. Part B: Additional assurances (check all that apply): ❑ The wetland will be replaced before or concurrent with the actual draining or falling of a wetland. ❑ An irrevocable bank letter of credit, performance bond, or other acceptable security has been provided to guarantee successful completion of the wetland replacement. w The wetland Iosses will be replaced via withdrawal from an account in the State Wetland Bank. Part C. For projects involving any project - specific replacement: Within 30 days of either receiving approval of this application or beginning work on the project, I will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s) will be located; and I will at the same time submit proof of such recording to the LGU. To the best of my knowledge and belief, all information in Part II is true, complete and accurate; and I affirm all statements in Part A and C, as well as chec ed assurance(s) in Part B. af:/e gnature or applicant or a FOR LGU USE ONLY n Date Replacement plan is (check one): ❑ Approved DApproved with conditions (conditions attached) ❑ Denied LGU official signature Date LGU has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland: County where recorded Date Document # assigned by recorder LGU official signature Date Minnesota Local/State/Federal Application Forms for Water/Wetland Projects Page 6 Appendix C Minnesota Wetland Bank Credits Application APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS FROM THE MINNESOTA WETLAND BANK Return Original to BWSR -- Transaction may not be processed without original signatures 1. PROPOSED USER OF CREDITS le(s) ;<€( ■CL'ca tress: qi e oft z - t - ' H&ll ry {RhPc2.00<<s State ZIP MN YO 1 Phone (&t a > 3 so -e` 3 er Phone ( ) nt No. 3. OWNER 1 SELLER OF CREDITS y: Ojkt c:kcr of Seller: ei't iq Kee (<\ E t4h (Name of Authorized Representative) nature of Seller /Authorized Representative) Credit Sub - Group' Totals: Watershed No. C1 Enclosed 6.5% transaction fee, 5. CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. NWC or PVC [pick one] [pick one] [pick one] [pick one] 0 taa€S ;T-rt Acres withdrawn (tc' Letters signify credit sub - groups, which represent wetland areas with different wetland characteristics. g Circular 39 types: 1, 1L, 2, 3, 4, 5, 6, 7, 8, R, U (for Upland Buffer). Topographic setting types: shoreland, riverine, floodplain, flow - through, tributary, isolated. acre = 43,560 sq. ft. Page 1 of 2 WSR Form: wca- bank -05 (online withdrawal form).doc evised 1/04/05 2. Impact Site Information County 1,C Wtrshd No. ~- 01 Location L)'A t' /4 Sec , Twp fq, Rge dO `. Size of Wetland Impact: 6 4\ acres Wetland Types' Impacted: T Setting [pick one: shoreland 1 riverine flow through 1 tributary 1 isolated] Required Replacement Ratio: a_ :1 WCA 1 local 1 COE Amount to be replaced using Bank Credits: .)\ Amount replaced on site: `\-4) ri 2 Project Name: Kk\ft ---w- ' Attach replacement plan if additional detail is needed. oodpla�n 44 Regulating Authority(ies) Approving the Use of Wetland Bank Credits Replacement Plan approved by (check all_that apply): 64,v ?occ Local WCA LGU: (Print agency name) Local Permit # U.S. Army Corps of Engineers: Permit # MN Dept. of Natural Resources: Permit # Natural Resources Conservation Service: Permit # 0 Other authority involved: a able to "Board of Water & Soil Resources." Wetland Type Topo. Setting [pick one] [pick one] [pick one] [pick one] Cost 6. CERTIFICATION OF USER OF WETLAND CREDITS into an s the sub' ect wetland credits or has entered �n Bits here�i certifies that 1ze/slae: a) either own ~� authorities and b) has filed appropriate , �roposer� user o f credits �' subject to the approval of all applicable regulatory au wetland or water resource impacts specifications i purchase said credits, subj applicable regulatory authorities that describe the ' i � specif cations and application forms with all a hick the subject wetland credits will be utilized for mitigation purposes. thorized Si nature of Pro osed Us er of Credits PRINT Name ie following authorized ey have: a) verified that placement plan or other edits described herein. R.INT Name of WCA LGU Official Signature nature of Other Authorized Official RINT Name of Other Regulatory Official (if any) g j; Address of Other Regulatory Official REGULATORY AUTHORITY APPROVAL(S) hereby certify that 7. REGU . ri (ies) identified on page 1 of this application y representatives of the regulatory authority � } seller, b) approved a wetland the subject deposited m the account of the owner l the subject wetland credits are depo roved the proposed use of the wetland bank resource impact water reso act under the jurisdiction, and c) approved Signature of Authorized WCA LGU Official Date 8. CERTIFICATION OF OWNER l SELLER OF CREDITS that: ' in7 the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certify s or I will use them to ) the credits described in this application have either been sold to the user of credits ate wetland impacts for my own project, g (if applicable), ve received payment in full from the buyer ( losses other than for the project �} I have p way to mitigate wetland I) the credits have not been sold or used in any y block on the previous page, identified in the project site information blo p and location account, t he subject wetland credits should be withdrawn my credits are debited from my account, and 4) j have a negative balance of credits after the subject 5) � will not hay g as been 6) the Annual Fee for this account has paid (or will be with an enclosed check). P Date Authorized Signature of Owner 1 Seller of Credits 9. BWSR APPROVAL AND DEBITING OF ACCOUNT I hereby certify that the credits have been properly debited fro m the subject account, effective the date of signature. Date Date Date Authorized Signature and the Board conservationist. A letter will also be sent to the account royal b BWSR, a copy ❑f this instrument will be mailed to holder acl�xlowied in; the debit and new account balance. IMPORTANT REMINDERS Upon approval res to the BWSR . submittal of this form, containing original signatures, i a The Owner l Seller of the credits is responsible for sub debited. so the affected account been debited from the Wetland Bank Administrator s unt can be properly deb ies the impacts to any wetland or other water resource may commence until the credits have thorn }� No im ac y approval has been mailed to the regulatory au y 2, p copy o f this a Nlinneso Minnesota Wetland Mitigation Bank and a co y pp acsount holder and the user of the credits. an one time. It is the responsibility.oftbe . seller of wetland credits to sell credits more th count balance. Page 2 of 2 3. It is a criminal offense for a Belle not noted on the most current official BWSR ac account holder to report any credit sales that are no . Bank Coordinator. Board of W2.1-ter. Soil i�- es�3urces Mail to: 1. . - bank (online withdrawal form ).doc �� _ -.� ;..,r . , Road North St. Paul. MN 5515 5 Revised Form: wca 5�,0 1.�i .t ct . Revised 1' 1o41oS regulatory authorities involved, the account holder 'l d t the user of the credits, all rl Appendix D Purchase Agreement for Wetland Banking Credits Minnesota Wetland Conservation Act Purchase Agreement for Wetland Banking Credits Buyer: Seller: Excel Energy Rocky Goertz & Tim Klosner 414 Nicollet Mall 8050 360 Street Minneapolis, MN 55401 'North Branch, MN 55056 Attn: Sharon Sarappo, Environmental Analyst 1. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the wetland banking credits (Credits) listed below: Credit Sub-Group' A. Maintenance & Monitoring Fee BWSR Annual Account Maintenance Fee BWSR 6.5% Transaction Fee NWC Acres or Sq. Ft. 0.02 ac. 1140 sf CREDITS TO BE SOLD PVC Wetland Type Acres or Sq. Ft. 2 f -t Topo. Setting Cost per Acre or Sq. Foot $2.00 x $1140 s� $2280.00 $500.00 $500.00 $3428.20 TOTAL Check here if additional credit sub - groups are part of this account and are listed on an attachment to this document. 'A separate credit sub-group shall be established for each wetland or wetland area that has different wetland characteristics. 2 Circular 39 types: 1, 1L, 2, 3, 4, 5, 6, 7, 8, B, U. 3 Topographic setting types: shoreland, reverine, floodplain, flow -- through, tributary, isolated, upland 2. Seller represents and warrants as follows: a) The Credits are deposited in an account in the Minnesota Wetland Bank administered by the Minnesota Board of Water and Soil Resources (BWSR) pursuant to Minn. Rules Chapter 8420.0700 - .0760. b) Seller owns the Credits and has the right to sell the Credits to Buyer. 3. Buyer will pay Seller a total of $3428.20 for the Credits, as follows: a) $228.00 as a non - refundable down payment, to be paid to: Earth Science Associates, Inc. 37445 Grand Avenue North Branch, MN 55056 when this Agreement is signed; Page 1of2 BWSR Form: wca- bank -12 (purchase agreement).doc Revised 1/15/03 b) $1148.20 BWSR and maintenance and monitoring fees to be paid to: Earth Science Associates, Inc. 37445 Grand Avenue North Branch, MN 55056 c) The balance of $2052.00 . to be paid to: Rocky Goertz and Tim Klosner 8050 360 Street North Branch, MN 55056 (Agent Signature) (Date) Kenneth E. Meek Earth Science Associates, Inc. 37445 Grand Avenue North Branch, MN 55056 Tel. /fax: 651- 674 -6210 BWSR Form: wca-bank -12 (purchase agreement).doc Revised 1/15/03 on or before the Closing Date; and on or before the Closing Date. 4. Closing Date: The closing of the purchase and sale shall occur no later than August 11, 2005. 5. Upon payment of the balance of the purchase price, Seller will execute and deliver to Buyer an Application for Withdrawal of the Credits in the form specified BWSR and such other documents as are necessary to transfer the Credits to Buyer. 6. Buyer has applied or will apply to the Local Government Unit (LGU) for approval of a replacement plan utilizing the Credits as the means of replacing impacted wetlands. If the LGU has not approved the Buyer's application for a replacement plan utilizing the Credits by the Closing Date, and no postponement of the Closing Date has been agreed to by Buyer and Seller in writing, then either Buyer or Seller may cancel this Agreement by giving written notice to the other. In this case, neither Buyer nor Seller shall have any further obligations under this Agreement. Please sign one copy of this Purchase Agreement and return it to us with the Down Payment. If you have any questions or wish to discuss particular aspects of this project, please contact us. We appreciate the opportunity to provide our assistance. Page 2 of 2 (Signature of Buyer) (Date) (Phone No.) (Address)