1995-WETLAND INFO CITYOF
FRiDLEY
FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612)571-1287
August 2, 1995
Richard Eskola
Moore, Hallsey& Eskola, L.L.C.
Pako Office Center
Suite #160
7260 University Avenue N.E.
Fridley, MN 55432
Dear Mr. Eskola:
I received the additional information I requested regarding the location of the wetland on the
Ultrasport property. In reviewing the information submitted by your office and Peterson
Environmental, Consulting, Inc., the City concurs with the Application For Exemption based on
Exemption#10 of the 1991 Wetland Conservation Act.
I will place this information on file for the property. However, I respectfully request that if
Ultrasport moves forward with its project, that the grading and drainage plan reflect the
delineated wetland and also indicate that it is proposed to be filled as part of the development
proposal.
If you have any questions or concerns regarding this letter, please contact me at 572-3593.
Sincerely,
Michele McPherson
Planning Assistant
MM:da
C-95-186
MOORE, HALSEY& ESKOLA, L.L.C.
ATTORNEYS AT LAw
PACO OFFICE CENTER-SUITE 160
7260 UNIVERSITY AVENUE NORTHEAST
WILLIAM G. MOORE FRIDLEY,MINNESOTA 55432.3132
STEPHEN M. HALSEY TELEPHONE FAX
RICHARD S.ESKOLA (612)571-2410 (612) 571-2549
i
June 19, 1995
Michele McPherson
City of Fridley
6431 University Avenue NE
Fridley, Minnesota 55432
Re : Request for Exemption
Dear Ms . McPherson:
Enclosed for your review please find the following:
1 . Letter requesting exemption signed by Glenn Vande
Water, Peterson Environmental Consulting, Inc . ;
2 . Certificate of Exemption Application dated June 16,
1995;
3 . Revised May 11, 1995 delineation report signed by Glenn
Vande Water, Peterson Environmental Consulting, Inc .
The purpose of these documents is to request an exemption for
specific land outlined in the delineation report and certificate
of exemption application. Please review these documents and
contact either myself or Glenn Vande Water if you have any
questions regarding this matter. I will await your response .
Ve ruly v urs,
RL PardS . Eskola
RSE/ra
Enclosures
cc : Wayne Kwatera
Glenn Vande Water
PETERSON
ENVIRONMENTAL
CONSULTING, INC.
June 5, 1995
Ms. Michele McPherson
City of Fridley
6431 University Avenue NE
Fridley, Minnesota 55432
Subject: Ultrasport, Inc. Request for WCA Exemption
PEC Project No. 95-031
Dear Michele:
Enclosed please find a Wetland Conservation Act Certificate of Exemption application for the
wetland located in the S1/2, SWI/4, NE1/4, SWI/4 Sec. 11, T30N, R24W, Fridley, Minnesota.
Based on field investigations and the engineered drawings supplied to us by you, it is evident that
the channel in question was created by diversion of storm water resulting from the construction
of the building to the east and the construction of the road ditch. In a recent conversation you
concurred with our assessment that the wetland basin was created.
With the submission of the enclosed exemption document we are seeking your written
concurrence that the wetland would qualify for Exemption 10. We are requesting that you send a
copy of this concurrence to Mr. Rick Eskola, 7260 University Avenue Northeast, Suite 160,
Fridley, Minnesota 55432. We have also included a revised copy of the wetland delineation
report, dated May 11, 1995, with corrections made to the township and section numbers.
If questions should arise concerning our request, please contact me. Thank you for your
assistance on this project.
Best regards,
Peterson Environmental Consulting, Inc.
Glenn Vande Water
Vice President
Enclosures
cc: Mr. Rick Eskola, Esq., Ultrasport, Inc.
3209 West 76th Street Suite 207 ■ Edina,Minnesota 55435 ■ 612-831-8565 ■ Fax 612-831-8735
I
WETLAND CONSERVATION ACT
CERTIFICATE OF EXEMPTION OR COMPLIANCE OR NO LOSS*
City of Fridley
Michele McPherson
572-3593
Ultrasport, Inc., Mr. Rick Eskola Esq., 7260 University Avenue Northeast, Suite 160, Fridley, Minnesota 55432
(Name,address,and phone of applicant)
Commercial Development at 71st and University
(Description of project/Name of development)
S 1/2 SW 1/4, NE 1/4 SW 1/4, Sec. 11, T. 30N., R.24W., Anoka County
(Location of work:Township,Range,Section,Qtr.Section,Lot,Block,Subdivision,City,County)
(For seasonal/annual exemption attach proposed general location information,i.e.maps,aerial photos)
The wetland activity at the above site is exempted from or in compliance with the Wetland Conservation Act (WCA) for the
following reason: [Please Circle(A), (B), (C), (D), OR (E)]
This exemption certification expires
(Date)
(A) A Wetland Does Not Exist; OR
(B) Exemption# 10 (per MN Rule Chapter 8420)
Description of Exemption
The area in question is a ditch which resulted from the addition of off-site runoff from development to the east Since
the sole source of hydrology to the area is runoff from the adjacent development which was approved by a public
entity. the project qualifies for Exemption 10;OR
(C) Wetland Loss Has Been Avoided; OR
(D) Wetland Has Been Replaced As Per Approved Plan (attached); OR
(E) No Loss Determination (attach plans).
The info r tion provided for this determination is truthful and accurate to the best of my knowledge.
.0 1CJ' �jLL F0"� uLtRWilt,off L J11*— 16, twcir
(Applicant Signature) (Dated)
(LGU Official Signature) (Dated)
" THIS CERTIFICATION ONLY APPLIES TO THE WCA OF 1991. Permits from local, state, and federal agencies may be required. Check
with the appropriate authorities before commencing work in or near wetlands. The Combined Project Notification form can be used for this purpose.
FOR ALL EXEMPTIONS: A landowner draining or filling a wetland under an exemption shall ensure that; appropriate erosion control measures
are taken to prevent sedimentation of the water, the drain or fill does not block fish passage, and the drain or file is conducted in compliance with all
other applicable federal, state and local requirements, including best management practices and water resource protection requirements established
under Minnesota Statutes,Chapter 103H.
A:exmpcert.for(BWSR/JJ 10/17/93)
PETERSON
ENVIRONMENTAL
CONSULTING, INC.
May 11, 1995
Mr. Rick Eskola, Esq.
Attorney at Law
7260 University Avenue NE, Suite 160
Fridley, Minnesota 55432
Re: Ultrasport, Inc. Wetland Delineation Report
Dear Rick:
Peterson Environmental Consulting, Inc. was retained to conduct a site review and
subsequent delineation of a jurisdictional wetland located in the S1/2, S W 1/4, NE 1/4,
SWI/4 Sec. 11, T30N, R24W, Fridley, Minnesota. The initial field review confirmed the
presence of a seasonal saturated palustrine emergent (PEMC) wetland. The National
Wetlands Inventory (NWI), Minneapolis North quadrangle maps PEMC wetland in the
vicinity of the field verified wetland (Figure 1), however, the NWI mapped wetland is
much greater in size than the actual wetland. The delineation of the wetland was
conducted on April 28, 1995 in accordance with guidelines set forth in the 1989 Federal
Manual for Identifying and Delineating Jurisdictional Wetlands (Interagency Task
Force on Wetland Delineation 1989). The delineated wetland is less than one tenth acre
in size and occurs within the confines of the banks of a ditch that pre-dates 1938. The
hydrologic activity within the basin appears to be limited to storm water runoff directed
from the east. Based on field observations and a review of aerial photographs taken in
1938, 1953, 1957, and 1964 the wetland appears to be the result of the ditch construction
and subsequent storm water input from the east. The following report will detail the
procedures used to delineated the wetland, the characteristics of the wetland and a
regulatory analysis.
Methodology:
The boundary between the upland and wetland was determined through a routine analysis
of the vegetation, soils and hydrology. The plant species within the wetland/upland
ecotone were catalogued and assigned a wetland indicator status according to the
National List of Plant Species that Occur in Wetlands; North Central Region 3 (USFWS
Biological Report 88(26.3); May 1988). In the text the plant indicator status follows the
plant's scientific name unless a status has not been assigned. The hydropyhtic plant
3209 West 76th Street Suite 207 ■ Edina,Minnesota 55435 ■ 612-831-8565 ■ Fax 612-831-8735
I
Mr. Rick Eskola, Esq.
May 10, 1995
Page 2
criteria was met when 50 percent or more of the dominant species within the vegetative
strata were assigned an obligate (013L)1, facultative wet (FACW), and/or facultative
(FAC) wetland status. The determination of the presence of hydric soil was based
primarily on the observation of redoximorphic features (i.e. mottles, gley, oxidized
rhizopheres) in soil pits excavated to a depth that ranged from 16 to 18 inches. There is
no Natural Resource Conservation Service soils information available for this site.
Hydrologic activity was determined through direct observation of free water in the
excavated soil pit, saturated soil pedons and soil redoximorphic features. The delineated
boundary was marked with sequentially numbered surveyor pin flags.
A survey of the wetland boundary was not available for this report thus Figure 1 should
be referred to for the approximate location of the wetland.
Wetland Description:
The delineated wetland basin occurs within the banks of the eastern half of a ditch which
traverses the south side of the parcel in an east west direction. Prior to the development of
the industrial park immediately west of the wetland the ditch extended a minimum of one
half mile to the east. The western half of the ditch, which terminates near the west
boundary of the site, is slightly higher in elevation than the east half and does not possess
characteristics representative of a functioning wetland. The west half of the ditch
probably directs only marginal amounts of runoff to the eastern half. It appears that the
principal source of hydrology to the wetland is storm water runoff directed from the
industrial parking lots and city infrastructure through a culvert to the east end of the
basin. The hydroperiod of this basin is dictated by the frequency and duration of seasonal
storm events.
The predominant herbaceous vegetation within the basin consists of reed canary grass
(Phalaris arundinacea)--FACW+, with stinging nettle (Urtica dioica)--FAC+ and broad-
leaved cattail (Typha latifolia)--0131, noted to a lesser extent. Woody species observed
within and along the fringe of the basin included; box elder (Acer negundo)--FACW-,
eastern cottonwood (Populus deltoides)--FAC+, and red-osier dogwood (Cornus
stolonifera)--FACW and willow (Salix sp.). The limited review of the upland vegetation
immediately adjacent the basin indicated a predominance of common buckthorn
(Rhamnus cathartica)--FACU and box elder with tartarian honeysuckle (Lonicera
tatarica)--FACU, and bur oak(Quercus macrocarpa)--FAC-noted to a lesser extent.
' OBL = Obligate Wetland, occurs an estimated 99% in wetlands. FACW= Facultative Wetland, has an
estimated 67%-99%probability of occurrence in wetlands;FAC=Facultative, is equally likely to occur in
wetlands and non wetlands (34%-66% probability); and NI = No Indicator, denotes insufficient
information available to determine an indicator status. Positive or negative signs indicate a frequency
toward higher(+)or lower(-)frequency of occurrence within a category.
1
Mr. Rick Eskola, Esq.
May 10, 1995
Page 3
A typical soil profile within the wetland revealed a 0 to 6 inch layer of sandy loam with a
color of 10YR4/1 and a 8 to 16 inch layer of fine sand with a color of 10YR5/3. Pedons
excavated from several pits exhibited redoximorphic features in the form of sharply
contrasting mottles and oxidized rhizopheres. Free water at 11 inches from the surface
was observed in several pits as well as saturated soils in the upper layer.
Regulatory Analysis:
The combination of site review and aerial photograph analysis strongly suggests that the
existing wetland basin is the result of the construction of the ditch and the subsequent
storm water input. Based on the topographic position within the landscape it appears that
the hydrologic functions of the basin are limited to this storm water input.
The ditch pre-dates 1938 and appears to have been constructed for draining seasonally
saturated wetlands south and northeast of the site. In 1938 the vegetation in the vicinity
of the current basin was rather scant, consisting of scattered trees and shrubs that were
bordered on the northeast by pasture land. Although a wetland signature is present south
of the ditch it is not present in the immediate vicinity of the delineated wetland.
Photographs from 1953 and 1957 reveal a more dense cover of trees and shrubs adjacent
the ditch but not a wetland signature immediately adjacent the ditch. In 1964 the site was
completely revegetated with a dense canopy of trees similar to its present state.
Based on these interpretations, the wetland basin would be regulated under the Wetland
Conservation Act of 1991 (WCA) and Section 404 of the Clean Water Act. Under the
WCA rules the filling or draining of the wetland would require compensatory mitigation
at a 2:1 ratio. Section 404 of the Clean Water Act, administered by the Corps of
Engineers, regulates the filling of the wetland basin. A nationwide permit 26 (33 CFR
Part 330 Appendix A 26) would apply for filling of up to one-half acre of isolated or
headwaters wetlands without notification or mitigation.
Peterson Environmental Consulting, Inc. appreciates your patronage. Should questions
arise concerning this report or the procedures required for to fulfill the WCA or Corps of
Engineers requirements please call Glenn Vande Water at 831-8565.
Best regards,
Peterson Environmental Consulting,Inc.
Glenn Vande Water
Vice President
MOORE, HALSEY& ESKOLA, L.L.C.
ATTORNEYS AT LAW
PACO OFFICE CENTER-SUITE 160
7260 UNIVERSITY AVENUE NORTHEAST
WILLIAM G. MOORE FRIDLEY,MINNESOTA 55432.3132
STEPHEN M. HALSEY TELEPHONE FAX
RICHARD S. ESKOLA (612) 571-2410 (612) 571-2549
July 12, 1995
Michele McPherson
City of Fridley
6431 University Avenue NE
Fridley, Minnesota 55432
Re : Ultrasport, Inc .
Dear Michele :
Enclosed for your review please find a survey with the potential
wetland as staked by Peterson Environmental . Please review this
document and contact me if you need any additional information
from me . It is my understanding that this is the last piece of
information you need with respect to this process . I will await
your response.
Very t y yours,
Richa d S . Eskola
RSE/ra
Enclosure
CC : Wayne Kwatera
We Hand Ske tch
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NORTHCO DRIVE
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1 2
` 1 Wetland as Staked by
/1
Peterson Environmental
I
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REQUESTED BY.
Ultr®sport
Scal 1" = 100'
. W"tw"d Professional Services, Inc
14180 West Trunk Hwy. 5
Eden Prairie, MN 55344
(612) 937-5150
Revisions—
Drawn by. DMW Date: 7171.95 Job No: 95162