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1 engineering planning environmental construction 1648 Third Avenue SE Rochester, MN Tel: Fax: June 3, 2015 Mr. John Harford Rochester / Olmsted Planning Department 2122 Campus Drive SE Rochester, MN Re: Toogood Property Wetland Replacement Plan Revision Dear Mr. Harford Under the Permission of GK and RJ Properties LLC Georgia Toogood the landowner located in the SW ¼ of the SW¼ of Section 11 T106N, R14W, Olmsted County MN (See Figure 1), we have prepared a revision to the approved wetland replacement Plan under the Minnesota Wetland Conservation Act Rules MR The revision includes a revised wetland replacement location from the original wetland replacement plan. The table below summarizes the proposed wetland impacts and replacement in accordance with the WCA Chapter 8420 and Corps of Engineers. Wetland Impact Wetland Replacement Total Wetland Area Impact (Acres) Ratio Replacement Wetland Impact 0.08 ac 2: ac Wetland Replacement Areas Schoenfelder Farms (#1592) Olmsted County MN Replacement Areas Percent Total Wetland (Acres) Wetland Credit Replacement 0.16 acres 100% 0.16 (SWC) Due to timing circumstances and requirements from the Olmsted County LGU, the original direct wetland replacement site located at the proposed DeCook wetland bank will not be used for mitigation of wetland impacts on the GK &RJ property (former Toogood property). Therefore GK&RJ properties, LLC have proceeded with the purchase of wetland banking credits from the Schoenfelder MNWCA approved wetland bank. A purchase agreement has been sign between GK &RJ properties, LLC Georgia Toogood and Schoenfelder for MNWCA approved wetland credits. The following table is a summary of the proposed withdrawal of wetland credits from each wetland bank. Credit Sub-Group 1 CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. NWC or PVC 1592 Schoenfelder Wetland Bank Acres withdrawn A SWC 0.16 II Totals: 0.16 Acres = $ Total Cost Wetland Topo. Setting 3 Cost Type 2 (Per/SqFt) Fresh (Wet) Meadow $1.00

2 GK&RJ Property 6/2/15 Page 2 If you have any questions or concerns please contact me at McGhie & Betts, A Division of WSB and Associates, Inc. Luke Lunde, PSS PSC Minnesota Professional Soil Scientist/Wetland Specialist Cc: Encl: GK&RJ LLC Georgia Toogood Figure 1 Schoenfelder Wetland Bank Location Appendix A Revised Wetland Replacement MNWCA Wetland Permit Application. Appendix B MNWCA Wetland Banking Credit Purchase Agreement

3 GK&RJ Property 6/2/15 Page 3 Figure 1 Schoenfelder Wetland Bank Location

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5 GK&RJ Property 6/2/15 Page 4 Appendix A Revised Wetland Replacement of MNWCA Wetland Permit Application

6 Attachment D Replacement/Compensatory Mitigation Project Name and/or Number: GK & RJ Property Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road wetland replacement program. Applicants should consult Corps mitigation guidelines and WCA rules for requirements. Replacement/Compensatory Mitigation via Wetland Banking. Complete this section if you are proposing to use credits from an existing wetland bank (with an account number in the State wetland banking system) for all or part of your replacement/compensatory mitigation requirements. Wetland Bank Account # County Major Watershed # Bank Service Area # Credit Type (if applicable) Number of Credits 1592 Olmsted Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at least a tentative agreement to utilize the identified credits for the project. This documentation could be a signed purchase agreement, signed application for withdrawal of credits or some other correspondence indicating an agreement between the applicant and the bank owner. However, applicants are advised not to enter into a binding agreement to purchase credits until the mitigation plan is approved by the Corps and LGU. Project Specific Replacement/Permittee Responsible Mitigation. Complete this section if you are proposing to pursue actions (restoration, creation, preservation, etc.) to generate wetland replacement/compensatory mitigation credits for this proposed project. WCA Action Eligible for Credit 1 Corps Mitigation Compensation Technique 2 Acres Credit % Requested Credits Anticipated 3 County Major Watershed # Bank Service Area # 1 Refer to the name and subpart number in MN Rule Refer to the technique listed in St. Paul District Policy for Wetland Compensatory Mitigation in Minnesota. 3 If WCA and Corps crediting differs, then enter both numbers and distinguish which is Corps and which is WCA. Explain how each proposed action or technique will be completed (e.g. wetland hydrology will be restored by breaking the tile ) and how the proposal meets the crediting criteria associated with it. Applicants should refer to the Corps mitigation policy language, WCA rule language, and all associated Corps and WCA guidance related to the action or technique: See Attached Report Attach a site location map, soils map, recent aerial photograph, and any other maps to show the location and other relevant features of each wetland replacement/mitigation site. Discuss in detail existing vegetation, existing landscape features, land use (on and surrounding the site), existing soils, drainage systems (if present), and water sources and movement. Include a topographic map showing key features related to hydrology and water flow (inlets, outlets, ditches, pumps, etc.): See Attached Report Minnesota Interagency Water Resource Application Form February 2014 Page 7 of 9

7 GK&RJ Property 6/2/15 Page 5 Appendix B MNWCA Wetland Banking Credit Purchase Agreement

8 The following is a sample of a possible Purchase Agreement for the sale of Wetland Banking Credits. This Purchase Agreement does not necessarily cover all of the issues that would be important to Sellers and Buyers, nor does it address the terms that would be appropriate for any particular transaction. Sellers and Buyers should obtain the services of qualified legal counsel to adapt this Purchase Agreement to meet their specific needs. PURCHASE AGREEMENT FOR WETLAND BANKING CREDITS THIS AGREEMENT is made this day of, 20 _ between Randall Schoenfelder (Seller) and GK and RJ Properties, LLC Georgia Toogood (Buyer). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the wetland banking credits (Credits) listed below: Credit Sub- Group¹ A. Acres or Sq. Ft or Wetland Circ. 39 Type² CREDITS TO BE SOLD Plant Community Type 3 Cost per Acre or Sq. Foot II Fresh (Wet) Meadow $1/Sq.Ft. State Fee 6.5% B C D Fee Estimate E Totals 0.16 $ Check here if additional credit sub-groups are part of this account and are listed on an attachment to this document. ¹A separate credit sub-group shall be established for each wetland or wetland area that has different wetland characteristics. ²Circular 39 types: 1, 1L, 2, 3, 4, 5, 6, 7, 8, B, U. 3 Wetland plant community type: shallow open water, deep marsh, shallow marsh, sedge meadow, fresh meadow, wet to wet-mesic prairie, calcareous fen, open bog or coniferous bog, shrub-carr/alder thicket, hardwood swamp or coniferous swamp, floodplain forest, seasonally flooded basin. See Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers.. 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 b) Seller owns the Credits and has the right to sell the Credits to Buyer. BWSR Form: wca-bank-12 (purchase agreement).doc Revised 6/26/2014 Page 1 of 2

9 3. Buyer will pay Seller a total of $_ _ for the Credits, as follows: a) $_ as earnest money, to be paid when this Agreement is signed; and b) The balance of $_ to be paid on the Closing Date listed below. 4. [ ] Buyer, [ ] Seller agrees to pay to a withdrawal fee of $_485.52_ to the State of Minnesota based on 6.5% of the agreed to purchase price. At the Closing Date, [ ] Buyer, [ ] Seller will execute a check made out for this amount, payable to the Board of Water and Soil Resources. 5. The closing of the purchase and sale shall occur on once final permits have been received from the City of Rochester LGU (MNWCA) and the US Army Corp of Engineers. The Closing Date and location may be changed by written consent of both parties. Upon payment of the balance of the purchase price, Seller will sign a fully executed Application for Withdrawal of the Credits in the form specified BWSR, provide a copy of the Application for Withdrawal to the Buyer and forward the same to the BWSR along with the check for the withdrawal fee. 6. Buyer has applied or will apply to City of Rochester John Harford (Local Government Unit (LGU) or other regulatory authority) 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, Seller shall return Buyer s earnest money, and neither Buyer nor Seller shall have any further obligations under this Agreement. If the LGU has approved the replacement plan and the Seller is ready to proceed with the sale on the Closing Date, but Buyer fails to proceed, then the Seller may retain the earnest money as liquidated damages. (Signature of Seller) (Date) (Signature of Buyer) (Date) BWSR Form: wca-bank-12 (purchase agreement).doc Revised 6/26/2014 Page 2 of 2