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HomeMy WebLinkAbout2005-09-23 WCA Notice - Decision for RoadMinnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision Name of Applicant: Xcel Energy, Sharon Sarappo Project Name: Access Road Construction Application Number: 55 -04 -000 (2005) A.S. King Plant Type of Application (check one): Exemption Decision Date of Decision: September 12, 2005 Check One: !Approved Approved with conditions (see note on page 2 regarding use of wetland banking credits) Denied Summary of Project /Decision (indicate exemption number per MN Rule 8420.0 122, if applicable): Su p. 5 Pro osed im.act to 570 s. uare feet of T s e 1 wetland for the construction of an access road. Wetland replacement through a wetland bank located within the same major watershed. List of Addressees: Landowner (notice only): A.S. Kin g Generating Plant Attn: Mr. Darrell Knutson 1103 King Plant Road Bayport, MN 55003 Notice of WCA Decision for road.doc Name and Address of Local Government Unit: City of Oak Park Heights Attn: Mr. Eric Johnson 14168 Oak Park Boulevard Oak Park Heights, MN 55082-2007 WCA Agent Bonestroo, Rosene, Anderlik & Assoc. Attn: Mr. Ben Meyer 2335 West Highway 36 St. Paul, MN 55113 ri No Loss Decision X Members of Technical Evaluation Panel: MN Board of Water and Soil Resources Attn: Mr. Les Lemm 520 Lafayette Road North St. Paul, MN 55155 Replacement Plan Decision Banking Plan Decision Wetland Type /Boundary Decision Page 1 of 3 9/16/04 Washington Conservation District Attn: Ms. Jyneen E. Thatcher 1380 W Frontage Rd, Highway 36 Stillwater, MN 55082 Watershed District or Watershed Management Organization: Middle St. Croix WMO Attn: Melissa Lewis 1380 W. Frontage Road, Hwy 36 Stillwater, MN 55082 Department of Natural Resources Regional Office: DNR Ecological Services Section Attn: Mr. Wayne Barstad 1200 Warner Road St. Paul, MN 55106 DNR TEP Representative (if different than above) MN DNR Water Resources Division Attn: Ms. Molly Shodeen 1200 Warner Road St. Paul, MN 55106 Corp of Engineers Project Manager Department of the Army, Corps of Engineers, St. Paul District Attn: Mr. Dan Seemon 190 Fifth Street East St. Paul, MN 551014 638 Individual members of the • ublic who re . uested a co • notice onl Xcel Energy Attn: Ms. Sharon Sarappo 414 Nicollet Mali, RS 8 Minneapolis, MN 55401 City Engineer, Oak Park Heights Attn: Mr. Dennis Postier Bonestroo, Rosene, Anderlik & Assoc. 2335 W. Hwy 36 St. Paul, M1\155113 You are hereby notified that the decision of the Local Goverment Unit on the above - referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. Notice of WCA Decision for road.doc - Page 2 of 3 9/16/04 NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking credits is conditional upon withdrawal of the appropriate credits from the state wetland bank. No wetland impacts may commence until the applicant receives a copy of the fully signed and executed "Application for Withdrawal of Wetland Credits," signed by the BWSR wetland bank administrator certifying that the wetland bank credits have been debited. 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. LOCAL GOVERNMENT UNIT City of Oak Park Heights 6::7 Signature Date Benjamin L. Meyer, WCA Agent - - City of Oak Park Heights Name and Title Notice of WCA Decision for road.doc - Page 3of3 9/16/04 NA-026620-03B (V,2.02 for MS WORD) 10/29/04 Mi nnesota Looal /State /Feder.! A icat on Fora for Wator/Wetiand Pro For Internal Use Only A lication No. Field Office Code Date Initial A lication Received Date initial A lication Deemed Com lete `See HELP" directs you to important additional information and assistance'in Instructions, Page I. L LANDOWNER/APPLICANT CONTACT INFORMATION (See Help 1) \lame: I c € ( vt Phone: ( ) 3 -- b7'( .. omplete mailing address: 4 /1 /N edTe IL44-11 , (kiKeck pc [t ) 553/6 A. AUTHORIZED AGENT (See Help 1,4) (Only rf applicable; an agent is not required) dame: Phone: : omplete mailing address: . NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed) dame or I.D. # of Waters Impacted (if applicable; if known): Check all that apply): ❑Lake ❑River fiWetland type r 2 1 ❑ I L ❑ 2 ❑ 3 04 ❑ 5 ❑ 6 ❑ 7 ❑ 8 idicate size of entire lake or wetland (check one): Less than 10 acres (indicate size: ) t ) ❑ 10 to 40 acres ❑ Greater than 40 acres . PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance): roject street address: ‘\Q F I it Pcouh.4 .t2d 4 Fire #: City (if applicable): 66, K Park - Section: Section: Township #: %// Range #:,;O L County: yke of #: Block: Subdivision: Watershed (name or #) 4 .ttach a simple site locator map. If needed, include on the map written directions to the site from a known location or landmark, and rovide distances from known locations. Label the sheet SITE LOCATOR M4P. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed. O Le E? f� PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to )nstruct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project. This is the ost important part of your application. See HELP 5 before completing this section; see What To Include on Plans (Instructions, kge 1). Attach PROJECT DESCRIPTION sheet. )otprint of project: 6 , i acres or 7o square feet drained, filed or excavated. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of which may be "no .ild" or "do nothing "), and explain why you chose to pursue the option described in this application over these alternatives. Attach 20JECT A L T E R N A T I M E S sheet if needed. 1 ° - \,0 q yvka e, & oc s1d�.,J ;. — 6 -, 0 TOca I rt_A S A \:,,e bu`kif-H-0 amc\k-\06,4 (1*e t: 1 a \OO n-A . c i , ? , i ) .._ eveLki - cvbiDes/1 04 a . For projects that �`n a ct more than 10 0� ADJOININ ROPERTY OWNERS For square � p q re feet of water or wetlands, list the complete tiling addresses of adjacent property owners on an attached separate sheet. (See HELP 7) PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? ❑ Yes pNo. If x, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8) STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or ve already been approved or denied on a separate attached sheet. See HELP 9. & d ,* d 0 Xi orfr\d . I am applying for state and local authorization to conduct the work described in this application. I am familiar with the information stained in this application. To the best of my knowledge and belief, all information in Part 1 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. PART 1: BASIC APPLICATION nature of applic nt (( andowner) Date Signature of agent (if applicable) Date s 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, tse attach a separate sheet signed by the landowner, giving necessary authorization to the Agent. Minnesota Local/State/Federal Application Forms for Water/Wetland Projects Page 1 4 . 7 ;25) OMB APPROVAL NO. 0710 -003 Expires Dec 31, 2004 gh the majority of applications should require 5 hours or less. This includes eded, and completing and reviewing the collection of information. Send uggestions for reducing this burden, to Department of Defense, Washington , Suite 1204, Arlington, VA 22202 -4302; and to the Office of Management aware that notwithstanding any other provision of law, no person shall be ly valid OMB control number. Please DO NOT RETURN your form to fiction over the location of the proposed activity. Water Act, Section 404, 33 USC 1344; Marine Protection, Research and used in evaluating the application for a permit. Routine uses: This agencies. Submission of requested information is voluntary; however, if LED IN BY THE CORPS VED 4. DATE APPLICATION COMPLETED I() and 12-25 in the SHADED AREAS, ilso complete items 8 and 11. This optional Federal form is valid ntire state a. r lication . acket. :NT'S NAME AND TITLE (an agent is not required) an agent) nt in the processing of this application and to furnish, upon request, )ATE: ADDRESS- (if 'applicable) SCHARC PE. IN CUBiC Y ESCRIB MPLETED ORX • zribed in this application. I certify that the information in this to undertake the work described herein or am acting as the duly e of agent (if any) Date (applicant), or it may be signed by a duly authorized agent if hat: Whoever, in any manner within the jurisdiction of any �rs up with any trick, scheme, or disguises a material fact or tise writing or document knowing same to contain any false, :d not more than five years or both. B. (Proponent: CECW - OR) for Water/Wetland Projects FOR LGU USE ONLY: Determination for Part 1: 0 No WCA Jurisdiction 0 Exempt: No. (per MN Rule 8420.0122) ❑ No Loss: (A,B,...0, per MN Rule 8420.0220) p :„.Replacement required applicant must complete Part 11 COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT IS NOT REQUIRED: Application is (check one): ❑ Approved ❑Approved with conditions (conditions attached) ❑ Denied Comments/Findings: County where recorded Date LGU official signature Name and Title LGU official signature Document # assigned by recorder Date 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): 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 lox, 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. tland )act (as red on erhead :w) PART REPLACEMENT PLAN SUPPLEMENT For assistance in completing Part I.I, contact your Local Government Unit or a professional consultant ;SCR.IPTION OF WETLAND IMPACTS: Complete the chart below: 1) Use one row of boxes for each wetland impact; 2) "second your project act on , havad more p .e wetland impact, reference your overhead view girt of Section 5) to this chart by identifying and labeling "f r t impact" t and and leave the .t blank; view 3) If Y ou are identifying only one wetland type within a given wetland impact area, xtra d Iines to indicat each wetland type, and to u have chosen to identify more than one wetland type within a given wetland impact area, use P 1f ou do not have access to some of � predominant vegetation and size of impacted area for each separate wetland type within that impact area; 5) Y ormati❑ n call your LGU or SWCD office for assistance. (Photocopy chart for more impacts, f needed.) y DESCRIPTION OF WETLAND IMPACTS Watershed name or number (if known) County, Section, - Township, Range \0 a°1 N og.oLo 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 E] Commercial Ali Industrial Parks/recreation areas • Highways and associated rights -of - way �] Forested [l Farmsteads /agricultural Vacant lands [l Public and semi - public (schoolslgov't facilities) [] Airporfs Q Extractive (gravel pits/quarries) ❑ Other: 'st pact scond ipact ou 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 d o re np area for each separate area, use the extra dotted lines to indicate each separate wetland type, and identify predominant veg . one wetland type within a given ate vvetla d type with that impact area. ras OF AREA(S) IMPACTED FOR EACH WETLAND TYPE ON CHART (indicate acres 0 or square feet 0) c: 1:5 1L: 2: 3: 4: ,�. 5: to either the impact site(s) or the replacement site(s)? 0 Yes No SPECIAL CONSIDERATIONS: Are you aware of any special considerations ns�tive surface waters, or waste disposal site.) If YES, list and describe briefly. ampler: the presence of endangered species, special fish and wildlife resources, sensitive impact t site noted in Section 15 that is within 1 000 feet of a lake or 300 feet of a river. 5H(]RELAND IMPACT ZONE: Please identify each w P Minnesota Local/State/Federal Application Forms for Water/Wetland Projects Page 4 Identify Wetland replacement site (as noted an overhead view) Watershed name or number (if known) County Section, Township, Range Wetland Type 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 4 - ('0 t C �_ ....;___._ __- c_LO a C. __ (1.1.0......±) Name of Second replacement site aw . w _........_•• A - • - ww .. - M a w . a _ w _ a w w r +. • c ... a _ _ �w w. e a Y r..r+o- • .r v 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). ❑ B. Project - specific replacement only Continue with Section I5 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. 15. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCTION (Complete this section only if you marked Box B or Box C in Section 14 above): Describe in detail how replacement wetland(s) will be constructed. If several methods will be used, describe each method. Details should include the following: 1) 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 labeled 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 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 Iines 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, ifneeded.) 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 Ieave 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 0 ,o a a C.-- TOTAL NWC Minnesota Local/State /Federal Application Forms for Water/Wetland Projects Page 5 TOTAL PVC REQUIRED REPLACEMENT RATIO: 0; (If known) 18. ADDITIONAL INFORMATION REQUIRED FOR PROJECT - SPECIFIC REPLACEMENT (Required only if you marked Bost 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 he considered incomplete. ❑ 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 -1 166 (all other locations). 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 11 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 filling 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. The wetland losses 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, 1 will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s) will be located; and 1 will at the same time submit proof of such recording to the LGU. To the best of nay knowledge and belief, all information in Part 11 is true, complete and accurate; and I affirm all statements in Part A and C, as well as the , ed assurance(s) in Part B. gnature or applicant or a -n FOR LGU USE ONLY County where recorded Replacement plan is (check one): ❑ Approved ttlApproved with conditions (conditions attached) ) ❑ Denied Date LGU official signature LGU has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland: Date Document # assigned by recorder Date LGU official signature Date 4, 6ee, iooir-i „ r k Minnesota Lo-cal/State/Federal Application Forms for Water/Wetland Projects Page 6 Appendix 0 Minnesota Wetland Bank Credits Application APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS II ROM THE MINNESOTA WETLAND BANK Return Original to BWSR - Transaction may not be processed without original signatures L PROPOSED USER OF CREDITS (s) ?(&e:( ;ss: L(( HL t IV1YkPc2..l�C� �s State ZIP SS YO f 'hone ((pi ,) Phone ( ) 3. OWNER 1 SELLER OF CREDITS Watershed No. No. e Seller: 2lyk-e QW\.. 1•kee.(e-, SAt (Name of Authorized Representative) iture of Seller /Authorized Representative) ® Enclosed 6.5% transaction fee, Totals: 5. CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. Credit Sub -Group l NWC or PVC NIA.) [pick one] [pick one] [pick one [pick one] a jck €S Acres withdrawn c5 (W)C <Z Page 1 of 2 /SR Form: wca- bank - 05 (online withdrawal form).doc rised 1/04/05 2 Impact Site Information County 1'\ Major Wtrshd No. Col ) Location6k)' /4 ' / 4 Sec - , Twp q , Rge OD L3 Size of Wetland Impact: 6 ,0 acres Wetland Types' Impacted: Topo Setting [pick one: shoreland 1 riverine 1 oodplain flow through 1 tributary 1 isolated] Required Replacement Ratio: . :1 WCA / local 1 COE Amount to be replaced using Bank Credits: )1sib Amount replaced on site: KO ri Project Name: K Cyvej 1 E KP A S Roe Attach replacement plan if additional detail is needed. 4. Regulating Authority(ies) Approving the Use of Wetland Bank Credits Replacement Plan approved by (check all_that apply): 6&V\ ? -#S L 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] ,Iters signify credit sub which represent wetland areas with different wetland characteristics. g rcular 39 types: 1, 1L, 2, 3, 4, 5, 6, 7, g, R, U (for Upland Buffer). P o ra hic setting types: shoreland, riverine, floodplain, flow - through, tributary, isolated. g P cre = 43,560 sq. ft. Cost , 6-7.)/s 6. CERTIFICATION OF USER OF WETLAND CREDITS into an either owns the subject wetland credits or has entere �n rf asap a credits hereby certifies that he/she: a) �. tp authorities and b} has filed appropriate ent to .f subject to the approval of all applicable re�,ula rY wetland or water resource impacts ant to purchase said credits, s � applicable regulatory authorities that describe the p ec ifications and application forms with all subject wetland credits will be utilized for mitigation purposes. ch the s j � osed User of Credits 7. REGULATORY LATORY AUTHORITY APPROVAL(S) hereby certify that authority identified on page 1 of this application Y representatives of the regulator' out � ies � } � seller, b) approved a wetland following authorized rep deposited in the account of the owner � � have: a) verified that the subject wetland credits are dap approved the proposed use of the wetland bank resource irn act under their jurisdiction, and c) app acement plan or other water res p [its described herein. iorized Si nature of Pro [NT Name of wCA LGU Official INT Name of Other Regulatory Official (if any ; Address of Other Regulatory Official S. CERTIFICATION OF OWNER 1 SELLER OF CREDITS that: . Minnesota Wetland Mitigation Bank and hereby certify the holder of the aforementioned account in the State of � or � will use them to the credits described in this application have either been sold to the user of credits mitigate wetland impacts for my own project, ve received losses other than for the project 1 have payment in full from the buyer (if applicable), p old or used in any way to mitigate wetland to the credits have not been sold � ec ' ro in the t site information block on the previous page, and location identified account, the subject wetland credits should be withdr awn my e dits are debited from my account, and I: will not have a negative balance of credits after the subject cr has been the Annual Fee for this account h paid (or will be with an enclosed check). p ku tho rized Signature of Owner/Seller of Credits 9. BWSR APPROVAL AND DEBITING OF ACCOUNT ° � from the subject account, effective the date of signature. that the credits have been properly debited fr J hereby certify Date PRINT Name Signature of Other Authorized Official Date Date Signature of Authorized WCA LOU Official Date Date Authorized Signature Board regulatory authorities involved, the account holder all Upon approval by BWSR, a copy of this instrument will be mailed to the user of the credits, a� he debit and new account balance. and the Board Conservationist. Ale tier will also be sent to the account holder acknawled �n t IMPORTANT REMINDERS to the BWSR submittal of this form, containing original signatures, .�- r 1 Seiler of the credits is responsible for sub debited. 1 L The Owner � r so the affected account can be properly de been debited from the t Wetland Bank Administrator resource may commence until the credits have thom impacts to any wetland or other water been mailed to the regulatory au Y(ies ), the 2. No lion p of this approval has ' nesata Wetland Mitigation Bank and a copy P Minnesota account holder and the user of the credits. than one time. It is the responsibility of the seller of wetland credits to sell credits more t account balances 3. It is a criminal offense for a e not noted on the most current official BWSR account holder to report any credit sales that are Paget oft to: Bank. Coordinator. Board of Fate r & Soil Resources . al form .dac Mail to. F. l .: r 1 BWSR Form: wca- bank -05 (online withdraw ^�� I ,Lil.i�:tt) Road c3rtli �.; Revised 11��1�� Appendix D Purchase Agreement for Wetland Banking Credits Seller: Rocky Goertz & Tim Klosner 8050 360 Street 'North Branch, MN 55056 Buyer: Excel Energy 414 Nicol let Mali Minneapolis, MN 55401 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: CREDITS TO BE SOLD Credit Sub -Grrou • ' A. Maintenance & Monitorin Fee BWSR Annual Account Maintenance Fee BWSR 6.5% Transaction Fee TOTAL NWC Acres or S • . Ft. 0.02 ac. 1140 sf PVC Acres or S ■ . Ft. Wetland Type Topo. Setting Cost per Acre or S • . Foot $2.00 x $1 140 s� $2280.00 $500.00 $500.00 $148.20 $3428.20 Check here if additional credit sub- jrou•s are •art of this account and are listed on an attachment to this document. lA 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. :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. 1 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; Pagel oft 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 B. Meek Earth Science Associates, Inc. 37445 Grand Avenue North Branch, MN 55056 Tel. /fax: 651- 674 -6210 BWSR Form: wca-- bank --12 (purchase agreement)Qdoc 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 1 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 (Signature of Buyer) (Phone No.) (Address) (Date)