HomeMy WebLinkAbout2864DoiRsEY & WHITNEY
A PAAIRLRSRIP IliCI.VDIIiYi PROPa85igNwL GOHPg86TlOR9
350 PARE AVENUE 201 FIRST AVENUE, S. W.., SUITE 340
2200 FIRST BANK PLACE EAST
NEW YORK, NEW YORK 10022 ROCHESTER, MINNESOTA 55902
(212)415-9200 MINNEAPOLIS, MINNESOTA 55402-1498 (507)288-3156
1330 CONNECTICUT AVENUE, N. W. (612) 340 -2600 1200 FIRST INTERSTATE CENTER
WASHINGTON, TELEX 29-0605 D. C. 20036 BILLINGS, MONTANA 59103
(202)857-0700 (406)252-3800
PAX 612)340-2868
3 ORACECHURCH STREET 507 DAVIDSON BUILDING
LONDON EC3V OAT, ENGLAND - GREAT .FALLS, MONTANA 59401
44-71-.929.3334 (406)727-3632
36, RUN TRONCHET.. REEFArA A, CQ'MST( (,`I{ 127 EAST FRONT STREET
75009 PARIS, FRANCE �gl MISSOULA, MONTANA 59802
33-1-42-66-59-49 ` (406)121-6025
35 SQUARE DE MERUS 801 GRAND, SUITE .3900
H-1040 BRUSSELS, BELGIUM DEB MOINES, IOWA 50009.
32-2-504-46-11 July 7, 1992 (515)283-1000
Mr. Francis J. Hoffman
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: Braemar Golf Course Expansion/Section 404 Permit
Dear Fran
Enclosed please find a copy of the Army Corps of Engineers Section 404 permit and
Covenant of Dedication which was filed by our office with the Hennepin County Recorder
on June 16, 1992 as Document Number 2270186 on Certificate of Title Number 405358.
Pursuant to Special Condition Number 7 of the Section 404 permit, the City of Edina is to
provide evidence to the Army Corps of Engineers that the permit and Covenant of
Dedication have been properly recorded. For this purpose, I recommend that you make a
copy of the enclosed permit and Covenant of Dedication, including the backside of the
final page which indicates the Document Number and Certificate of Title Number, as well
as the date of recording of this document with the Office of the Registrar of Titles of
Hennepin County, and forward the copy to Tim Fell at the Army Corps of Engineers.
If you have any questions regarding this letter, the enclosure or the notification of
the recording of the permit to be given to the Army Corps of Engineers, please let me
know.
Very truly Vours,
Rebecca A. Comstock
RAC/hgn
Enclosures
cc: Jerome P Gilligan
(w/o encl.)
DORSEY & WHITNEY
A Paxawmmaaxrp txecvaaxo Paoesasoxnc Coaeoxarioxa
350 PARE AVENUE 201 FIRST AVENUE, S. W., SUITE 340.
NEW YORE, NEW YORK 10092 2200 FIRST BANK PLACE EAST ROCHESTER, MINNESOTA 55902.
(212)415-9200 MINNEAPOLIS, MINNESOTA 55402-1498 (5o�)zae-x156
1330 CONNECTICUT AVENUE, N, W. ( 612 ) 340-2600
1200 FIRST INTERSTATE CENTER
WASHH70TON, D. C. 80036 TELEX 29-0605 BILLINOS, MONTANA 59100
(202)857-0700 (406)252-3600
3 ORACECHURCH STREET. 'F (612)340-2$68 507 DAVIDSON BUILDING
LONDON ECOV OAT, ENGLANDGREAT FALLS, MONTANA 59401
44-71-989-3334 (406)727-3632
REBECCA A.COMSTOCS
36, RUE TBONCHET 127 EAST FRONT STREET
75009 PARIS, PRANCE (612)340-2%7 MISSOULA, MONTANA 59002
I
33-1-42-66-59-49 (406)721-6025
35 SQUARE DE MEEUS 001 GRAND, SUITE 3900
B-1040 BRUSSELS, BELGIUM June 9, 1992 DEB MOINBS, IOWA 50309
32-2-504-46-11 (515)283-1000
Mr. Fran Hoffman
City of Edina
4801 West 50th Street
Edina, Minnesota 55484
Re: Braemar Golf Course/Section 404 Permit
Dear Fran:
The City of Edina now has the final Section 404 permit from the Army
Corps of Engineers, signed by the City and Colonel Richard W. Craig, making the
permit fully valid. The purpose of this letter is to advise you of the other steps that
the city must take in order to complete the conditions of the permit. As you will
note, the permit provisions provide that the Army Corps of Engineers can
reevaluate its permit decision if the permittee does not comply with the terms and
conditions of the permit.
As we have discussed, Condition No. 7 of the permit requires that the
permit and the Covenant of Dedication be recorded with the county recorder or
registrar of deeds for the property subject to the permit. You have provided our
office with an originally executed copy of the permit for recording with Hennepin
County. We will need a legal description of all of Braemar Park or at least that part
of the property within Braemar Park which is affected by the Section 404 permit,
including, not only the wetlands to be altered, but also those subject to the Covenant
of Dedication as well as the oak savannah hillsides referenced in the permit. When
we obtain the 'legal descriptions from you, we will record both the permit and the
covenant as required by the permit conditions.
The next steps that the City of Edina must take to comply with the
permit conditions include the requirement, in Condition No. 1, that the City of
Edina provides the Army Corps of Engineers with detailed construction plans for
the mitigation work, shown at a 1 inch equals 50 foot or 1 inch equals 100 foot scale.
Additionally, under Condition No. 3, Edina must develop a management plan that
DORSEY & WHITNEY
Mr. Fran Hoffman
June 9, 1992
Page 2
ensures that the two oak savannah hillsides in the western portion of the park are
maintained as natural areas. The management plan must be submitted to the Arm
. g p_ Y
Corps of Engineers before there is an fillip in the wetland authorized b the
p g Y g Y
permit. Additionally, all mitigation work to be undertaken in the wetlands must be
completed prior to or concurrent with the construction of the golf course.
In constructing the golf course, Condition No. 2 of the permit requires
the city to grade all fill areas such that herbicides and other chemicals cannot readily
flow into adjacent water/wetlands, which may require the construction of berms.
Edina is also to establish a natural vegetative buffer, at least 15 feet wide, along all
existing and created wetlands bordering both the existing golf course areas to be
altered and the edges of the golf course holes to be constructed where the topography
slopes towards the water/wetlands so that applied chemicals could readily enter the
water and/or wetlands. In accordance with Condition No. 9, the city is also to
undertake erosion control measures such as silt fences and straw bales prior to
construction activities and to maintain all such erosion control measures until
exposed slopes are stabilized by mulch, vegetation or other protective covering.
After construction of the golf course and mitigation work, the City of Edina must
submit an annual report to the Army Corps of Engineers for five years documenting
the effectiveness of the mitigation work and the management activities on the oak
savannah hillsides. These reports are to include color photographs taken each year
from the same vantage point.
Finally, if the City of Edina proposes to do any conservancy
enhancement work in the oak savannahs covered under the management plan, it is
to give prior notice to and get the approval of the Army Corps of Engineers.
If you have any questions as you begin the process of implementing the
requirements of the Section 404 permit and construction of the expansion to the
Braemar golf course, please let me know. Once we have the legal descriptions for
Braemar Park, I will advise you of the recording of the permit and covenant.
Very trul your
Rebecc . Comstock
RAC/jen
Enclosure
cc Ken Rosland
Jerry Gilligan
Ray Haik (w/encl.)
DEPARTMENT OF THE ARMY PERMIT
Permittee City of Edina. Minnesota
Permit No. 89-1389-12
St. Paul District
Issuing Office U.S. Army Corps of Engineers
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office"
refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the
appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: You are authorized to place fill material into approximately 4.9 acres of
wetland during the development of a 9 -hole regulation golf course within Braemar Park.
The acreage of fill and the location of the fill areas are shown on Attachment E of the
December 1990 Amendment to the Department of the Army permit application, and as shown
on the attached permit drawings and tables labeled 89-1389-12, pages 1 of 6 through 6
of 6.
Project Location: The project involves filling wetlands along the South Fork of Nine Mile
Creek in the south 1/2 of section 7, T116N, R21W, Hennepin County, Minnesota.------ —
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31. 1994 . If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity
or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archaeological remains while accomplishing the activity authorized by this
permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required
to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFA 320-330)
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and
forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the
certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that
it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
1. The permittee must construct/create the compensatory mitigation sites as
indicated on the permit tables and drawings, labeled pages 1 of 6 through 6 of 6. The
mitigation shall follow the plans described in Section 8 of the December 1990 amendment
to the permit application. The permittee shall provide the Corps with detailed
construction plans for the mitigation work. Plans shall be shown at a 1 -inch = 50 -
foot or 1 -inch = 100 -foot scale. All mitigation work must be completed prior to, or
concurrent with, the construction of the golf course.
2. In order to minimize the introduction of chemicals into waters/wetlands of the
United States, the permittee shall grade all fill areas such that herbicides and other
chemicals cannot readily flow into adjacent waters/wetlands. Such grading may require
the construction of berms along these waters/wetlands. Also, the permittee shall
establish a natural vegetative buffer, at least 15 feet wide, along all existing and
created wetlands bordering both the existing golf course areas to be altered as part of
the new golf course construction and along the edges of the golf course holes to be
constructed. This berm or vegetative buffer shall be established in all areas where the
Special Conditions continued on Page 4. ------ — - ---_-, __�_ =-tea---
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
C. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of
the United States in the public interest.
2
C. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized
by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest
was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate
(See 4 above).
C. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures
contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced
enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of
your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered
by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR
209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there
are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the
Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that yod accept and agree to comply with the terms and conditions of this permit.
i � I
(PERMITTEE) (DATE)
i
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(D STRICT ENGINES (DATE)
RICHARD W. CRAIG
Colonel, Corps of Engineers
District Engineer
When the structures or work authorized by this permit are still in existence at the time.the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and
the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFERREE) (DATE)
3
Special Conditions continued from Page 2.
(special condition 2 continued)
topography slopes towards the water/wetlands such that applied chemicals could readily
enter waters/wetlands.
3. The permittee shall develop a management plan that ensures that the 2 oak
savanna hills in the western portion of Braemar Park, labeled as Parcels A and B on the
attached map, are maintained as natural areas. No fill may be placed in the wetland
until this management plan is reviewed and approved by the Corps. Future conservancy
enhancement work may be allowed in these areas upon prior notice and approval from the
Corps.
4. The permittee shall execute a Covenant of Dedication on the area labeled Parcel
C on the attached map within Braemar Park which involves the remaining wetland in the
southwest portion of the Park.
5. The permittee shall maintain the remaining wetland, within the City of Edina,
along the south property line of Braemar Park for conservancy use in accordance with the
enclosed Covenant of Dedication. This area is shown as Parcel C on the attached map.
6. The permittee shall survey and prepare a legal description of Parcels A and B
for inclusion in the management plan and Parcel C for inclusion in the Covenant of
Dedication.
7. The permittee shall take the necessary actions to record this permit and
Dedication of Covenant with the appropriate County Recorder or Registrar of Deeds
responsible for maintaining records of title to, or interest in, real property. The
permittee shall provide evidence to the Corps that the permit has been properly recorded.
8. The permittee shall provide the Corps with an annual report, for 5 years,
documenting the effectiveness of the mitigation work and the management activities in
the oak savanna parcels. These reports shall include color photographs taken each year
from the same vantage point.
9. Erosion control measures such as silt fences and straw bale dikes shall be
installed prior to any construction activities, and will be maintained, until all exposed
slopes are stabilized by mulch, vegetation or other protective covering.
10. Refer to the Standard Conditions enclosure.
4
4 C7 00 .
EDEN PRAIRIE QUADRANGLE �''•�V��
MINNESOTA
7.5 MINUTE SERIES (TOPOGRAPHIC)
SW/4 MINNEAPOLIS 15' QUADRANGLE l�
9 Mr. To JUNG U.S r69 6 2!z_
i 467] 25� o c Mr ro MrNN roo 48 R 22 W. R 21 W. Rig 2160000 FEET, 470 93*22'3 dry'
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680 000
FEET
O
191
5d
TABLE 4
ACREAGE OF WETLAND TYPES IMPACTED AT DISCHARGE SITES
Wetland Type (Acres)
Discharge Open Wet Shrub Bottomland
Sites Water Meadow Swamp Hardwood
Dl 0.1 0.2
D2 0.1
D3
0.3
D4
0.5
D5
0.1
D6
0.4
D7
0.1
0.2
1.3 -.
D8
0.2
0.6.
D9
0.2
0.2
0.1
D10
0.1
D11
0.1
0.1
TOTAL
1.0
1.1
1.0
1.8
Total
Area of
Impact
(Acres)
0.3
0.1
0.3
0.5
0.1
0.4
1.6
0.8
0.5
0.1
0.2
4.9
89-1389-12
8-6
permit page 2 of 6
TABLE 5
ACREAGE OF COMPENSATORY MITIGATION BY LOCATION AND WETLAND TYPE
Mitigation
Area
Open
Water
Wetland Type
Wet
Meadow
(Acres)
Shrub
Swamp
Bottomland
Hardwood
Subtotal
(Acres)
N1*
1.0
1.4
2.4
N2
0.2
0.2
N3
0.3
0.3
N4
-
-0.5
0.5
N6
0.3
0.3 -
N7
0.3
0.3
N8
0.2
0.4
0.6
F1*
0.2
0.3
1.4 "'
1.9
F2*
0.6
0.6
F3*
0.4
0.4
Subtotal
1.3
1.8
0.8
3.6
7.5
* Wetland restoration areas.
89-1389-12
8-7
permit page 3 of 6
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permit page 4 of 6
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permit page 5 of 6
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89-1389-12
permit page 6 of 6
Delineating Parcels A, B and C
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Covenant of Dedication
V�
The City of Edina, Minnesota, acting by and for the City Council, now stipulates to the following statement
of facts, and; the undersigned further agrees to restrict the use and title of the realty described in Attachment
A to this document (hereinafter referred to as Parcel C) in accordance with the terms and conditions set
forth herein.
Stipulations of Fact
1. That the City of Edina is the applicant for a Department of the Army permit, number CENCS-CO-R (89-
1389-12), to place fill material into wetlands adjacent to the South Fork of Nine Mile Creek during the
construction of a 9 -hole golf course within Braemar Park and; that the U.S. Army Corps of Engineers has
regulatory jurisdiction of said wetlands pursuant to Section 404 of the Clean Water Act (33 USC 1344).
2. That the City of Edina is the owner in fee of the real estate described as Parcel C.
3. That the City of Edina and the St. Paul District of the U.S. Army Corps of Engineers have reached an
agreement whereby the City of Edina will be permitted to discharge fill in the wetland in accordance with
the terms and conditions of Department of the Army permit number CENCS-CO-R (89-1389-12), and; that
in consideration for the permittee to place fill in said wetland, permittee is required to mitigate the adverse
environmental effects resulting from the placement of fill material in said wetland.
4. That said mitigation requirement will be satisfied by the dedication of Parcel C for perpetual use as a
conservancy area in accordance with the terms and conditions of this document.
5. That the above mentioned dedication shall consist of the execution of this document by all parties
necessary to restrict the use and title of Parcel C, and; that this document shall be recorded in the Office
of the County Recorder for Hennepin County, Minnesota.
6. That a permit to place fill in the wetland would not have been granted but for the dedication of Parcel
C for use as environmental mitigation.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 320-330)
7. That the terms and conditions of this Covenant of Dedication shall, as of the date of execution of this
document, bind the City of Edina to the extent of its legal and/or equitable interest in Parcel C and; that this
Covenant shall run with the land and be binding on the City of Edina -and its assigns forever.
8. That the terms and conditions of this Covenant shall be both implicitly and explicitly included in any
transfer, conveyance, or encumbrance of Parcel C or any part thereof, and; that any instrument of transfer,
conveyance, or encumbrance affecting all or any part. of Parcel C shall set forth the terms and conditions of
this document either by reference to this document or set forth in full text.
9. A copy of the executed Covenant of Dedication must be provided to the U.S. Army Corps of Engineers
prior to placement of any fill material in the wetland.
DEED AND USE RESTRICTIONS
The City of Edina hereby warrants that it is the owner in fee of'the realty described as Parcel C and; that
Parcel C is hereby dedicated in perpetuity for use as a conservancy area.
The City of Edina hereby agrees to restrict the use and title of Parcel C as follows:
1. No dredged or fill material will be placed in Parcel C except as provided pursuant to permit number
CENCS-CO-R (89-1389-12).
2. No commercial, industrial, agricultural or residential developments, structures, or buildings shall be
allowed or permitted in Parcel C without written approval of the Corps of Engineers.
3. No agricultural use including plowing, haying, or harvesting of any kind shall be allowed or conducted
on Parcel C without written approval of the Corps of Engineers. No domestic cattle, horses, sheep, or other
livestock shall be kept or grazed on Parcel C without written approval of the Corps of Engineers.
4. No lumbering, mowing, draining, burning, or filling shall be allowed or conducted on Parcel C without
written approval of the Corps of Engineers.
5. This Covenant of Dedication may be changed, modified or revoked only upon written approval of
the District Engineer of the St. Paul District of the U.S. Army Corps of Engineers. To be effective, such
approval must be witnessed, authenticated, and recorded pursuant to the law of the State of Minnesota.
6. This Covenant is made in perpetuity such that the present owner and its assigns forever shalt be
bound by the terms and conditions set forth herein.
'i
City of ina, Minnesota
Subscribed and sworn to before me this-'/ y I of K u. n. 1992.
Notary Public
Hennepin County, Minnesota
My Commission expires _Z.:L
rw�wMwwiwl�
HENNEPIN COUNTY
R1 MY cOMMISSION EXPIRES i, -W
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 320-330)
3
ATTACHMENT A
Legal description of the wetland area to be dedicated pursuant to permit number CENCS-CO-R (89-1389-
12).
Braemar conservation easement located in section 7, Township 116 North, Range 21 West, Hennepin County,
Minnesota, described as follows:
PARCEL C:
Commencing at the southwest corner of section 7, Township 116, Range 21; thence East along the South line
of section 7 on an assumed bearing of South 88 degrees 50 minutes 08 seconds East 2527.09 feet to the
South 1/4 corner of said section 7 and point of beginning of Parcel "C'; thence North 0 degrees 26 minutes
56 seconds East 825.00 feet; thence North 88 degrees 50 minutes 08 seconds West 350.00 feet; thence South
67 degrees 53 minutes 41 seconds West 1190 feet; thence South 23 degrees 15 minutes 10 seconds West
200.00 feet; thence South 49 degrees 04 minutes 28 seconds East 265.00 feet to the South line of section 7;
thence South 88 degrees 50 minutes 08 seconds East along the South line of said section 7, 1325 feet to the
South 1/4 of section 7 and there terminating.
I
Said Parcel "C" contains 21.59 acres.
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