June 19 board packet

Regular Meeting of the Capitol Region Watershed District (CRWD) Board of Managers, for Tuesday, June 19, 2018 6:00 p.m. at the office of the CRWD, 1410 Energy Park Drive, Suite 4, St. Paul, Minnesota.

REGULAR MEETING AGENDA Materials Enclosed

I.

Call to Order of Regular Meeting (President Joe Collins) A) Attendance B) Review, Amendments, and Approval of the Agenda

II.

Public Comment – For Items not on the Agenda (Please observe a limit of three minutes per person.)

III.

Permit Applications and Program Updates (Permit Process: 1) Staff Review/Recommendation, 2) Applicant Response, 3) Public Comment, and 4) Board Discussion and Action.)

A) B) C) IV. V.

Permit 17-022 Regions Birth Center and Loading Dock Amendment (Hosch) Permit 18-008 Beacon Bluff Vomela (Kelley) Permit 18-014 Morning Star Development (Kelley)

Special Reports – A. New Office Solar Panels, Rich Ragatz, Ideal Energies B. Water Data Reporting Tool (DRT) Update (Belden, Sellner Action Items A) AR: Approve Minutes of the May 21, 2018 Regular Meeting (Sylvander) B) AR: Approve Accounts Payable/Receivables for May (Sylvander) C) AR: Approve McCarron’s AIS Plan (Sellner) D) AR: Approve Fall 2018 Master Water Stewards (Schwantes) E) AR: Approve TBI MS4 2017 Annual Report-Public Comment (Eleria) F) AR: Approve Promotion of Britta Belden to Program Manager I (Fossum) G) AR: Approve Promotion of Joe Sellner to Program Technical Specialist II (Fossum) H) AR: Approve Victoria Wetland Construction Easements (Doneux)

VI.

Unfinished Business A) Building Update (Doneux) B) 2019 Budget Update (Doneux) C) Snelling Midway Rainwater Art Update (Eleria) D) Update on Como Lake Management Plan Development (Belden)

VII.

General Information A) Board of Manager’s Updates

VIII. Next Meetings A) Wednesday, July 11, 2018 Regular Board Meeting B) Wednesday, July 18, 2018 CAC Meeting IX.

Adjournment Our mission is to protect, manage and improve the water resources of Capitol Region Watershed District

Capitol Region Watershed District Applicant:

Rick Huston Regions Facility Planning and Construction 640 Jackson Street Saint Paul, MN 55101

Permit 17-022 Regions Birth Center Consultant: Benjamin Johnson Kimley-Horn 2550 University Ave West Saint Paul, MN 55114

Description: Construction of new Birth Center building, including previous demolition and relocation of loading dock, amended to include Phases I and II. Stormwater Management: Proposed iron enhanced sand filtration during currently proposed Phase II. District Rule: —C, D, F Disturbed Area: 2.89 Acres Impervious Area: 2.61 Acres STAFF RECOMMENDATION: Approve Amendment with 4 Conditions: 1. Receipt of documentation of maintenance agreement recorded with Ramsey County.

2. Provide plans signed by a professional engineer per the Minnesota Board of AELSLAGID. 3. Revise StormTrap cross-section detail on Sheet 214 to match draintile detail on Sheet 214 in plans.

Currently 2” choker stone is show above draintile. The draintile detail correctly shows 2” choker stone and 3” of #57 stone.

4. Revise existing and proposed HydroCAD models and drainage area maps to include total area draining to the existing StormTrap system (4P) as shown in the drainage maps dated 5/30/18.

Permit Location Permit Report 17-022

Aerial Photo Board Meeting Date: 06/19/2018

Capitol Region Watershed District Permit Report CRWD Permit #:

17-022

Review date:

June 6, 2018

Project Name:

Regions Hospital Loading Dock Relocation (Phase I) and Birth Center (Phase II) - Amendment

Applicant:

Bill Howden Regions Facility Planning & Construction 640 Jackson Street Room E3862 Mailstop 11203D St. Paul, MN 55101

Purpose:

Construction of new birth center building, including demolition and relocation of loading dock in two phases. Stormwater management includes an underground iron-enhanced sand filter.

Location:

640 Jackson Street

Applicable Rules:

C, D, and F

Recommendation:

Approve Amendment with 4 Conditions

EXHIBITS: 1. CRWD Permit Application, signed by Applicant, recd. 9/29/17.

2. Stormwater Pollution Prevention Plan, prepared by Kimley-Horn, dated 5/9/18, rcvd.

5/11/18.

3. Stormwater Management Report (471 pages), prepared by Kimley-Horn, signed and dated 12/7/17, recd. 12/20/17.

4. Regions Hospital Loading Dock Relocation Plans, including Survey Sheets 1-5, prepared

by Sunde Land Surveying, dated and signed 7/27/17, 31 Sheets, prepared by KimleyHorn, dated 5/4/18, recd. 5/11/18.

5. Project Phasing Letter to CRWD, prepared by Regions Hospital, not dated, rcvd.

12/8/17.

6. SWPPP (71 Pages), by Kimley-Horn, dated 5/9/17, rcvd. 5/11/18.

7. Updated Existing and Proposed Drainage Area Maps, by Kimley-Horn, dated 5/30/18, rcvd. 5/30/18.

8. Updated Grading and Drainage Details Civil Plan (Sheet 214), by Kimley-Horn, dated 5/30/18, rcvd. 6/5/18.

HISTORY & CONSIDERATIONS:

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Regions Hospital proposes a multi-phase project, including stormwater management. Phase I addresses rate control for Phase I improvements per CRWD standards. Phase II proposes to address rate control for Phase II improvements and volume control and water quality for Phases I and II improvements per CRWD standards. Phase I is currently under construction, and Phase II is proposed to be constructed in Summer 2018. The current review is for permit amendment to include Phase II that was only conceptually approved with Phase I. RULE C: STORMWATER MANAGEMENT Standards  Proposed discharge rates for the 2-, 10-, and 100-year events shall not exceed existing rates.  Developments and redevelopments must reduce runoff volumes in the amount equivalent to an inch of runoff from the impervious areas of the site.  Stormwater must be pretreated before discharging to infiltration areas to maintain the long-term viability of the infiltration area.  Developments and redevelopments must incorporate effective non-point source pollution reduction BMPs to achieve 90% total suspended solid removal.

Findings 1. A hydrograph method based on sound hydrologic theory is used to analyze runoff for the design or analysis of flows and water levels.

2. Runoff rates for the proposed activity do not exceed existing runoff rates for the 2-, 10-, and 100-year critical storm events. Stormwater leaving the project area is discharged into a well-defined receiving channel or pipe and routed to a public drainage system.

3. Stormwater runoff volume retention is not achieved onsite in the amount equivalent to the runoff generated from 1.1-inch of rainfall over the impervious surfaces of the development. a. The amount of proposed impervious is 47,045 square feet for Phase I, and 113,692 square feet for Phase I and Phase II combined. b. There is an existing iron-enhanced filtration system (“Existing StormTrap 4P”) adjacent to the project that receives runoff from 28,008 sf of impervious. This system is owned by Regions and was previously permitted

by CRWD (15-036). i. Changes to the impervious area of the existing system are proposed as part of the current Phase II project: 1. 2,588 sf of impervious will be reconstructed and drain to the Phase II system (“Proposed StormTrap 5P”) rather than the existing system.

2. 8,655 sf of impervious area will be reconstructed as part of the Phase II project but still drain to the existing system.

3. 16,765 sf of impervious area will not be reconstructed and will continue to drain to the existing system. c. There is an existing infiltration basin adjacent to the project that is owned

by Regions and was previously permitted by CRWD (08-024).

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i. The Applicant proposes to remove the infiltration basin and route that drainage area (4,356 square feet of existing impervious) to the proposed Phase II system. ii. The existing 4,356 sf is included in all water quality volume calculations below. d. Phase I Volume retention required: (47,045 + 4,356) ft2 x 1.1 inches x 1 ft/12 inches = 4,712 ft3 Table 1. Phase I proposed volume retention through abstraction (i.e. infiltration, reuse).

Volume 2-inch Volume Retention 1.1-inch Retention Runoff Runoff BMP Provided below Required (cu. ft.) (cu. ft.) outlet (cu. ft.) (cu. ft.)

No retention onsite; iron enhanced sand filtration proposed for Phase II of project 4,712 Total 0 cf Phase I and Phase II Volume retention required: (113,692 + 4,356) ft2 x 1.1 inches x 1 ft/12 inches = 10,821 ft3 Table 2. Phase II proposed volume retention through abstraction (i.e. infiltration, reuse).

Volume 2-inch Volume Retention 1.1-inch Retention Runoff Runoff BMP Provided below Required (cu. ft.) (cu. ft.) outlet (cu. ft.) (cu. ft.)

No retention onsite; iron enhanced sand filtration proposed for Phase II of project 10,821 Total 0 cf 4. Alternative compliance has been requested due to Type C and D soils with poor infiltration rates. a. The applicant did not partially comply with the volume retention standard. b. Filtration using iron-enhanced sand media (80% credit) is proposed.

Phase I filtration required: 4,712 ft3 x 1.25 credit factor = 5,890 ft3 Table 3. Phase I proposed volume retention through filtration (i.e. sand, enhanced).

Filtration 1.1-inch Filtration Volume Volume Runoff BMP Provided below Required (cu. ft.) outlet (cu. ft.) (cu. ft.)

No filtration proposed for Phase I Improvements 5,890 Total 0 cf

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2-inch Runoff (cu. ft.)

Phase I and Phase II filtration required: (10,821 ft3 x 1.25 credit factor) = 13,526 ft3 Table 4. Phase I and II proposed volume retention through filtration (i.e. sand, enhanced).

Filtration 2-inch 1.1-inch Filtration Volume Volume Runoff Runoff BMP Provided below Required (cu. ft.) (cu. ft.) outlet (cu. ft.) (cu. ft.)

Proposed StormTrap (5P) 12,975 9,674 17,589 Existing StormTrap (4P) 5,819* 793** 1,443** 13,526 Total 14,418 cf * 5,819 cf = (Total volume below low outlet) – (2-inch volume from 16,765 sf of impervious from existing drainage credited to CRWD permit 15-036) = 8,613 cf - 2,794 cf ** Based on 8,655 sf of new/reconstructed impervious due to this project.

i. Filtration volume and facility sizes have been calculated using the appropriate hydrological soil group classification and design filtration rates. ii. The filtration areas are capable of filtering the required volume within 48 hours. iii. Stormwater runoff is pretreated to remove solids before discharging to filtration areas. c. The applicant did not partially comply with the volume retention standard at an offsite location or through the use of qualified banking credits. d. The applicant has not submitted money to be contributed to the Stormwater Impact Fund.

5. Best management practices achieve 90% total suspended solids removal from the runoff generated on an annual basis.

6. A recordable executed maintenance agreement has not been submitted. Adequate maintenance access is provided for underground systems. Maintenance agreement includes a site-specific plan, schedule, and narrative for maintenance of the proposed stormwater management practices.

RULE D: FLOOD CONTROL Standards  Compensatory storage shall be provided for fill placed within the 100-year floodplain.  All habitable buildings, roads, and parking structures on or adjacent to a project site shall comply with District freeboard requirements.

Findings 1. There is no floodplain on the property according to FEMA. 2. All habitable buildings, roads, and parking structures on or adjacent to the project site comply with CRWD freeboard requirements.

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RULE E: WETLAND MANAGEMENT Standard  Wetlands shall not be drained, filled (wholly or in part), excavated, or have sustaining hydrology impacted such that there will be a decrease in the inherent (existing) functions and values of the wetland.  A minimum buffer of 25 feet of permanent nonimpacted vegetative ground cover abutting and surrounding a wetland is required.

Findings 1. There are no known wetlands located on the property.

RULE F: EROSION AND SEDIMENT CONTROL Standards  A plan shall demonstrate that appropriate erosion and sediment control measures protect downstream water bodies from the effects of a land-disturbing activity.  Erosion Control Plans must adhere to the MPCA Protecting Water Quality in Urban Areas Manual.

Findings 1. Erosion and sediment control measures are consistent with best management practices, as demonstrated in the MPCA manual Protecting Water Quality in Urban Areas.

2. Adjacent properties are protected from sediment transport/deposition.

3. Wetlands, waterbodies and water conveyance systems are protected from erosion/sediment transport/deposition.

4. Disturbed area is greater than 1 acre; an NPDES permit is required. A SWPPP has been submitted and satisfies NPDES requirements.

RULE G: ILLICIT DISCHARGE AND CONNECTION Standard  Stormwater management and utility plans shall indicate all existing and proposed connections from developed and undeveloped lands for all water that drains to the District MS4.

Findings 1. New direct connections or replacement of existing connections are not proposed.

2. Prohibited discharges are not proposed.

Recommendation: Approve Amendment with 4 Conditions Conditions: 1. Receipt of documentation of maintenance agreement recorded with Ramsey County.

2. Provide plans signed by a professional engineer per the Minnesota Board of AELSLAGID. 3. Revise StormTrap cross-section detail on Sheet 214 to match draintile detail on Sheet 214 in plans. Currently 2” choker stone is show above draintile. The draintile detail correctly shows 2” choker stone and 3” of #57 stone.

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4. Revise existing and proposed HydroCAD models and drainage area maps to include total area draining to the existing StormTrap system (4P) as shown in the drainage maps dated 5/30/18.

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LEGEND 925

PROPERTY LINE EXISTING CONTOUR PROPOSED CONTOUR LIMITS OF GRADING PROPOSED MANHOLE PROPOSED CATCH BASIN PROPOSED STORM SEWER

A

A

PROPOSED DRAINTILE PROPOSED UNDERGROUND STORMWATER MANAGEMENT

Regions Hospital Birth Center Building

PROPOSED SPOT ELEVATION

100.00 ME: 100.00 TW: 100.00 BW: 100.00

MATCH EXISTING ELEVATION FINISHED GRADE AT TOP OF RETAINING WALL FINISHED GRADE AT BOTTOM OF RETAINING WALL

GRADING PLAN NOTES 1.

ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE CITY OF ST. PAUL, SPECIFICATIONS AND BUILDING PERMIT REQUIREMENTS.

2.

CONTRACTOR TO CALL GOPHER STATE CALL ONE @ 1-800-252-1166 AT LEAST TWO WORKING DAYS PRIOR TO EXCAVATION/CONSTRUCTION FOR UTILITY LOCATIONS.

3.

STORM SEWER PIPE SHALL BE AS FOLLOWS: RCP CLASS V PER ASTM C-76 HDPE SMOOTH INTERIOR/ANGULAR EXTERIOR: AASHTO DESIGNATION M252 TYPE S, AND MP7-97 TYPE S. PIPES SHALL BE INSTALLED IN ACCORDANCE WITH PIPE MANUFACTURER'S INSTALLATION GUIDELINES.

B

4.

CONTRACTOR TO FIELD VERIFY THE LOCATIONS AND ELEVATIONS OR EXISTING UTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO THE START OF SITE GRADING. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE PROJECT ENGINEER OF ANY DISCREPANCIES OR VARIATIONS.

5.

SUBGRADE EXCAVATION SHALL BE BACKFILLED IMMEDIATELY AFTER EXCAVATION TO HELP OFFSET ANY STABILITY PROBLEMS DUE TO WATER SEEPAGE OR STEEP SLOPES. WHEN PLACING NEW SURFACE MATERIAL ADJACENT TO EXISTING PAVEMENT, THE EXCAVATION SHALL BE BACKFILLED PROMPTLY TO AVOID UNDERMINING OF EXISTING PAVEMENT.

6.

CONTRACTOR SHALL BE RESPONSIBLE FOR ALL HORIZONTAL AND VERTICAL CONTROL.

7.

CONTRACTOR SHALL EXCAVATE DRAINAGE TRENCHES TO FOLLOW PROPOSED STORM SEWER ALIGNMENTS.

8.

GRADES SHOWN ARE FINISHED GRADES. CONTRACTOR SHALL ROUGH GRADE TO SUBGRADE ELEVATION AND LEAVE STREET READY FOR SUBBASE.

9.

ALL EXCESS MATERIAL, BITUMINOUS SURFACING, CONCRETE ITEMS, ANY ABANDONED UTILITY ITEMS, AND OTHER UNSTABLE MATERIALS SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OF OFF THE CONSTRUCTION SITE.

10.

REFER TO THE UTILITY PLAN FOR SANITARY SEWER MAIN, WATER MAIN SERVICE LAYOUT AND ELEVATIONS AND CASTING / STRUCTURE NOTATION.

11.

CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTION OF PAVEMENTS AND CURB AND GUTTER WITH SMOOTH UNIFORM SLOPES TO PROVIDE POSITIVE DRAINAGE.

12.

INSTALL A MINIMUM OF 4" CLASS 5 AGGREGATE BASE UNDER CURB AND GUTTER AND CONCRETE SIDEWALKS.

13.

UPON COMPLETION OF EXCAVATION AND FILLING, CONTRACTOR SHALL RESTORE ALL STREETS AND DISTURBED AREAS ON SITE. ALL DISTURBED AREAS SHALL BE RE-VEGETATED WITH A MINIMUM OF 4" OF TOPSOIL.

B

380 St. Peter Street, Ste. 600 Saint Paul, MN 55102 651.222.3701 bwbr.com Consultants

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C

14.

ALL SPOT ELEVATIONS/CONTOURS ARE TO GUTTER / FLOW LINE UNLESS OTHERWISE NOTED.

15.

GRADING FOR ALL SIDEWALKS AND ACCESSIBLE ROUTES INCLUDING CROSSING DRIVEWAYS SHALL CONFORM TO CURRENT ADA STATE/NATIONAL STANDARDS. IN NO CASE SHALL ACCESSIBLE RAMP SLOPES EXCEED 1 VERTICAL TO 12 HORIZONTAL. IN NO CASE SHALL SIDEWALK CROSS SLOPES EXCEED 2% . IN NO CASE SHALL LONGITUDINAL SIDEWALK SLOPES EXCEED 5%. IN NO CASE SHALL ACCESSIBLE PARKING STALLS OR AISLES EXCEED 2% (1.5% TARGET) IN ALL DIRECTIONS. SIDEWALK ACCESS TO EXTERNAL BUILDING DOORS AND GATES SHALL BE ADA COMPLIANT. CONTRACTOR SHALL NOTIFY ENGINEER IMMEDIATELY IF ADA CRITERIA CANNOT BE MET IN ANY LOCATION PRIOR TO PAVING. NO CONTRACTOR CHANGE ORDERS WILL BE ACCEPTED FOR A.D.A COMPLIANCE ISSUES.

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D

This document may be an electronic file or may be printed from an electronic file provided to the user. It is the sole responsibility of the user to ensure that the content and quality is consistent with the content and quality of the paper documents on file at BWBR. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Minnesota.

Name

16.

MAINTAIN A MINIMUM OF 0.5% GUTTER SLOPE TOWARDS LOW POINTS.

17.

CONTRACTOR TO PROVIDE 3" INSULATION BY 5' WIDE CENTERED ON STORM PIPE IF LESS THAN 4' OF COVER IN PAVEMENT AREAS AND LESS THAN 3' OF COVER IN LANDSCAPE AREAS.

18.

ALL STORM SEWER CONNECTIONS SHALL BE GASKETED AND WATER TIGHT INCLUDING MANHOLE CONNECTIONS.

Date

Reg. No.

Issued For

19.

ALL STORM SEWER PIPE SHALL BE AIR TESTED IN ACCORDANCE WITH THE CURRENT PLUMBING CODE.

20.

MAINTAIN A MINIMUM OF 1.20% SLOPE IN BITUMINOUS PAVEMENT AREAS, 0.5% SLOPE IN CONCRETE PAVEMENT AREAS.

21.

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Item PRELIMINARY PRICING

CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT "INFALL CURB" WHERE PAVEMENT DRAINS TOWARD GUTTER, AND "OUTFALL" CURB WHERE PAVEMENT DRAINS AWAY FROM GUTTER.

Date 10/30/2017

GMP ISSUE

01/02/2018

50% CD ISSUE

03/28/2018

99% OWNER REVIEW

05/04/2018

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SEE SHEET 218 FOR SECTION A-A.

R ON O F TI T O RUC N T S N CO

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This Sheet may be a Reduced Copy.

The bar above is 1" long on a Full Size Sheet.

Drawing Scales apply to Full Size Sheets.

Keyplan

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Sheet Title

CIVIL GRADING PLAN

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ALL CONTRACTORS MUST CONTACT

GOPHER STATE ONE CALL 1

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MN TOLL FREE 1-800-252-1166 BEFORE CONSTRUCTION BEGINS TWIN CITY AREA 651-454-0002

Sheet No.

Copyright BWBR

8/10/2017 10:59:19 AM

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200.CG

Capitol Region Watershed District Applicant:

Paul Knapp Camada L.P. 274 Fillmore Avenue East St. Paul, MN 55107

Permit 18-008 Vomela Beacon Bluff Consultant: Mark Kronbeck Alliant Engineering, Inc. 233 Park Avenue South, Suite 300 Minneapolis, MN 55415

Description: Construction of a new warehouse building Stormwater Management: One underground infiltration system District Rule: —C D F Disturbed Area: 12 Acres Impervious Area: 10.1 Acres

Arcade Street

STAFF RECOMMENDATION: Approve with 4 Conditions: 1. Receipt of $50,300 surety.

2. Receipt of documentation of maintenance agreement recorded with Ramsey County.

3. Provide a copy of the NPDES permit.

4. Provide inlet protection for catch basins on Arcade Street that are down-gradient of construction entrance or will be exposed to truck traffic. Sheet C-4.0 shows three catch basins on the west side of Arcade street near the construction entrance without inlet protection specified.

Permit Location Permit Report 18-008

Aerial Photo Board Meeting Date: 06/19/18

Capitol Region Watershed District Permit Report CRWD Permit #:

18-008

Review date:

April 6, 2018

Project Name:

Vomela Beacon Bluff

Applicant:

Mark Kronbeck Alliant Engineering, Inc. 233 Park Ave South, Suite 300 Minneapolis, MN 55415 612-767-9338

Purpose:

Proposed construction includes a building, parking lot, and truck loading dock. Stormwater management includes an underground infiltration tank.

Location:

833 Minnehaha Ave. East, St. Paul, MN

Applicable Rules:

C, D, and F

Recommendation:

Approve with 4 Conditions

EXHIBITS: 1. Civil Plans (11 Sheets), by Alliant Engineering, Inc., dated 4/4/18, rcvd. 4/4/18.

2. Stormwater Management Hydraulic Study (224 pages), by Alliant Engineering, Inc., dated 4/4/18, rcvd. 4/4/18.

3. Soils Borings, by Braun Intertec, dated 3/2/18, rcvd. 4/4/18.

4. Response Action Implementation Report, by AET, dated 3/4/14, rcvd. 4/4/18.

HISTORY & CONSIDERATIONS: Site was previously part of the former 3M facility/campus. The site was demolished and remediated in 2011. The site is currently composed of an open field with a pond in the north area of the site.

RULE C: STORMWATER MANAGEMENT Standards ďƒ˜ Proposed discharge rates for the 2-, 10-, and 100-year events shall not exceed existing rates. ďƒ˜ Developments and redevelopments must reduce runoff volumes in the amount equivalent to an inch of runoff from the impervious areas of the site.

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ďƒ˜ Stormwater must be pretreated before discharging to infiltration areas to maintain the long-term viability of the infiltration area. ďƒ˜ Developments and redevelopments must incorporate effective non-point source pollution reduction BMPs to achieve 90% total suspended solid removal.

Findings 1. A hydrograph method based on sound hydrologic theory is used to analyze runoff for the design or analysis of flows and water levels.

2. Runoff rates for the proposed activity do not exceed existing runoff rates for the 2-, 10-, and 100-year critical storm events. Stormwater leaving the project area is discharged into a well-defined receiving channel or pipe and routed to a public drainage system.

3. Stormwater runoff volume retention is achieved onsite in the amount equivalent to the runoff generated from 1.1-inch of rainfall over the impervious surfaces of the development. a. The amount of proposed impervious is 438,519 square feet. b. Volume retention required: 438,519 ft2 x 1.1 inches x 1 ft/12 inches = 40,198 ft3 Table 1. Proposed volume retention through abstraction (i.e. infiltration, reuse).

Volume Volume 2-inch Retention Retention 1.1-inch Runoff Required Provided Runoff BMP (cu. ft.) (cu. ft.) below outlet (cu. ft.) (cu. ft.)

Underground Infiltration Tank 42,236 40,007 72,739 40,198 Total 42,236 CF c. Banking of excess volume retention is not proposed. d. Infiltration volume and facility size has been calculated using the appropriate hydrologic soil group classification and design infiltration rate. e. Past land use resulted in contamination. Remediation activities took place in 2011, but additional documentation is required to justify infiltration as an acceptable stormwater approach. f. The infiltration area is capable of infiltrating the required volume within 48 hours. g. Stormwater runoff is pretreated to remove solids before discharging to infiltration areas. h. Groundwater mounding is not anticipated to affect adjacent properties and buildings.

4. Alternative compliance sequencing has not been requested.

5. Best management practices achieve 90% total suspended solids removal from the runoff generated on an annual basis.

6. A maintenance agreement recorded with Ramsey County has not been submitted.

Adequate maintenance access is provided for the underground system.

Maintenance agreement includes a site-specific plan, schedule, and narrative for maintenance of the proposed stormwater management practices.

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RULE D: FLOOD CONTROL Standards  Compensatory storage shall be provided for fill placed within the 100-year floodplain.  All habitable buildings, roads, and parking structures on or adjacent to a project site shall comply with District freeboard requirements.

Findings 1. There is no floodplain on the property according to FEMA. 2. All habitable buildings, roads, and parking structures on or adjacent to the project site comply with CRWD freeboard requirements.

RULE E: WETLAND MANAGEMENT Standard  Wetlands shall not be drained, filled (wholly or in part), excavated, or have sustaining hydrology impacted such that there will be a decrease in the inherent (existing) functions and values of the wetland.  A minimum buffer of 25 feet of permanent nonimpacted vegetative ground cover abutting and surrounding a wetland is required.

Findings 1. There are no known wetlands located on the property.

RULE F: EROSION AND SEDIMENT CONTROL Standards  A plan shall demonstrate that appropriate erosion and sediment control measures protect downstream water bodies from the effects of a land-disturbing activity.  Erosion Control Plans must adhere to the MPCA Protecting Water Quality in Urban Areas Manual.

Findings 1. Erosion and sediment control measures are not consistent with best management practices, as demonstrated in the MPCA manual Protecting Water Quality in Urban Areas.

2. Adjacent properties are protected from sediment transport/deposition.

3. Wetlands, waterbodies and water conveyance systems are not protected from erosion/sediment transport/deposition.

4. Disturbed area is greater than 1 acre; an NPDES permit is required. A SWPPP has been submitted and is sufficient.

RULE G: ILLICIT DISCHARGE AND CONNECTION Standard  Stormwater management and utility plans shall indicate all existing and proposed connections from developed and undeveloped lands for all water that drains to the District MS4.

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Findings 1. New direct connections or replacement of existing connections are not proposed.

2. Prohibited discharges are not proposed.

Recommendation: Approve with 4 Conditions Conditions: 1. Receipt of $50,300 surety.

2. Receipt of documentation of maintenance agreement recorded with Ramsey County.

3. Provide a copy of the NPDES permit.

4. Provide inlet protection for catch basins on Arcade Street that are down-gradient of construction entrance or will be exposed to truck traffic. Sheet C-4.0 shows three catch basins on the west side of Arcade street near the construction entrance without inlet protection specified.

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233 Park Ave S, Ste 300 Minneapolis, MN 55415 MAIN 612.758.3080 FAX 612.758.3099 www.alliant-inc.com

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UTILITY PLAN

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VOMELA - CITY SUBMITTAL

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Capitol Region Watershed District

Permit 18-014 Morning Star

Applicant:

Della Kolpin Consultant: David Knaeble PDMC, LLC Civil Site Group 755 Selby Ave. 4931 W. 35th St. Saint Paul, MN 55104 Saint Louis Park, MN Description: Construction of a new Senior Housing Facility Stormwater Management: Underground storage and enhanced filtration through a Contech Stormfilter District Rule: —C D F Disturbed Area: 1.19 Acres Impervious Area: 0.85 Acres VARIANCE RECOMMENDATION: Approve the requested 0.46 ft variance from the 1-ft freeboard requirement of Flood Control Rule D STAFF RECOMMENDATION: Approve with 7 Conditions: 1. Receipt of $4,700 surety.

2. Receipt of documentation of maintenance agreement recorded with Ramsey County.

3. Provide a copy of the NPDES permit.

4. Revise StormFilter specification and modeling to Specify 18” height cartridges, and revise HydroCAD to model StormFilter as a Tube/Siphon outlet per guidance from HydroCAD 5. Revise diameter of primary outlet so that proposed HydroCAD and plans to correspond.

6. Include a site-specific long-term maintenance plan.

7. Expand construction limits to include proposed grading in alley. Proposed grading should be shown with a dark line.

Grotto Selby Ave

Permit Location Permit Report 18-014

Aerial Photo Board Meeting Date: 06/14/18

Capitol Region Watershed District Permit Report CRWD Permit #:

18-014

Review date:

June 11, 2018

Project Name:

Morning Star

Applicant:

Mesaba Capital Development 5201 Eden Development, Suite 250 Edina, MN 55436

Purpose:

Demolishing existing structure and parking lot and replacing with new structure, parking lot, and stormwater management features.

Location:

739 Selby Avenue, St. Paul, MN

Applicable Rules:

C, D, and F

Variance Recommendation: Permit Recommendation:

Approve the requested 0.46 ft variance from the 1 ft freeboard requirement of Flood Control Rule D Approve with 7 Conditions

EXHIBITS: 1. Civil Plans (18 Sheets), by Civil Site Group, dated 6/5/18, rcvd. 6/5/18.

2. Stormwater Management Report (104 pages), by Civil Site Group, dated 6/5/18, rcvd.

6/5/18.

3. Geotechnical Evaluation Report, by Braun Intertec, dated 8/28/17, rcvd. 4/25/18.

4. Phase I Environmental Site Assessment, by Braun Intertec, dated 7/5/17, rcvd. 5/24/18.

5. Phase II Environmental Site Assessment, by Braun Intertec, dated 9/1/17, rcvd. 5/29/18.

6. Response Action Plan and Construction Contingency Plan, by Braun Intertec, dated 9/1/17, rcvd. 5/29/18.

HISTORY & CONSIDERATIONS: The applicant has requested a variance from the freeboard requirement of Rule D. The applicant is unable to reasonably provide 2’ of freeboard between the underground filtration systems HWL (918.6’) and the low opening to the underground parking (916.5’) or 1’ or freeboard between the underground system’s EOF (916.78‘) and the low opening to the underground parking (916.5’). The system includes an impermeable liner to prevent lateral migration of stormwater.

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When water surcharges the underground filtration system (for events greater than the 100-yr), it is directed to an alley which runs past the entrance to the underground parking structure. For added protection, the applicant proposes to repave the alley (without disturbing the subgrade) to have an inverted crown allowing water to flow down the center of the alley. Additionally, the ramp will be constructed with an exterior trench drain system to collect water that overtops the entrance ramp. This pump will be sized to handle the 100-year storm event. If flood water does reach the underground parking garage, it will be drained through the floor drains and ultimately into the sanitary storm sewer system.

RULE C: STORMWATER MANAGEMENT Standards  Proposed discharge rates for the 2-, 10-, and 100-year events shall not exceed existing rates.  Developments and redevelopments must reduce runoff volumes in the amount equivalent to an inch of runoff from the impervious areas of the site.  Stormwater must be pretreated before discharging to infiltration areas to maintain the long-term viability of the infiltration area.  Developments and redevelopments must incorporate effective non-point source pollution reduction BMPs to achieve 90% total suspended solid removal.

Findings 1. A hydrograph method based on sound hydrologic theory is used to analyze runoff for the design or analysis of flows and water levels.

2. Overall runoff rates for the proposed project do not exceed existing runoff rates for the 2-, 10-, and 100-year critical storm events. Stormwater leaving the project area is discharged into a well-defined receiving channel or pipe and routed to a public drainage system.

3. Stormwater runoff volume retention is not achieved onsite in the amount equivalent to the runoff generated from 1.1-inch of rainfall over the impervious surfaces of the development. a. The amount of proposed impervious is 41,146 square feet. b. Volume retention required: 41,146 ft2 x 1.1 inches x 1 ft/12 inches = 3,772 ft3 Table 1. Proposed volume retention through abstraction (i.e. infiltration, reuse).

Volume 2-inch Volume Retention 1.1-inch Retention Runoff Runoff BMP Provided below Required (cu. ft.) (cu. ft.) outlet (cu. ft.) (cu. ft.)

3,772 None, filtration is proposed 4. Alternative compliance has been requested due to contaminated soils. a. The applicant did not partially comply with the volume retention standard. b. Filtration using an underground filtration device (Contech StormFilter MH with Phosophosorb Media) (80% credit) is proposed. Filtration required: 3,772 ft3 x 1.25 credit factor = 4,715 ft3

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Table 2. Proposed volume retention through filtration (i.e. sand, enhanced).

Filtration Filtration 1.1-inch Volume Volume Runoff BMP Required Provided below (cu. ft.) (cu. ft.) outlet (cu. ft.)

Underground filtration device (Contech StormFilter 5,906 3,305 4,715 with Phosophosorb Media) Total 5,906 cf

2-inch Runoff (cu. ft.)

6,009

i. Filtration volume and facility size has been calculated using the appropriate hydrologic soil group classification and design filtration rate. ii. The filtration area is capable of filtering the required volume within 48 hours. iii. Stormwater runoff is pretreated to remove solids before discharging to filtration areas. The proposed pretreatment method is unconventional, though, and may require more maintenance than other devices. This shall be fully described in the maintenance plan. c. The applicant did not partially comply with the volume retention standard at an offsite location or through the use of qualified banking credits. d. The applicant has not submitted money to be contributed to the Stormwater Impact Fund.

5. Best management practices achieve 90% total suspended solids removal from the runoff generated on an annual basis.

6. A maintenance agreement recorded with Ramsey County has not been submitted.

Adequate maintenance access is provided for underground system. Maintenance agreement does not include a site-specific plan, schedule, and narrative for maintenance of the proposed stormwater management practices.

RULE D: FLOOD CONTROL Standards ďƒ˜ Compensatory storage shall be provided for fill placed within the 100-year floodplain. ďƒ˜ All habitable buildings, roads, and parking structures on or adjacent to a project site shall comply with District freeboard requirements.

Findings 1. There is no floodplain on the property according to FEMA. 2. All habitable buildings, roads, and parking structures on or adjacent to the project site do not comply with CRWD freeboard requirements. The Low opening of all underground parking structures must be a minimum of 2-feet about the 100-yr flood elevation or 1-foot above the Emergency Over Flow (EOF) elevation 3. A Variance has been requested from the freeboard requirements of Rule D.

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RULE E: WETLAND MANAGEMENT Standard  Wetlands shall not be drained, filled (wholly or in part), excavated, or have sustaining hydrology impacted such that there will be a decrease in the inherent (existing) functions and values of the wetland.  A minimum buffer of 25 feet of permanent nonimpacted vegetative ground cover abutting and surrounding a wetland is required.

Findings 1. There are no known wetlands located on the property.

RULE F: EROSION AND SEDIMENT CONTROL Standards  A plan shall demonstrate that appropriate erosion and sediment control measures protect downstream water bodies from the effects of a land-disturbing activity.  Erosion Control Plans must adhere to the MPCA Protecting Water Quality in Urban Areas Manual.

Findings 1. Erosion and sediment control measures are consistent with best management practices, as demonstrated in the MPCA manual Protecting Water Quality in Urban Areas.

2. Adjacent properties are protected from sediment transport/deposition.

3. Wetlands, waterbodies and water conveyance systems are protected from erosion/sediment transport/deposition.

4. Disturbed area is greater than 1-acre; an NPDES permit is required. A SWPPP has been submitted and is sufficient.

RULE G: ILLICIT DISCHARGE AND CONNECTION Standard  Stormwater management and utility plans shall indicate all existing and proposed connections from developed and undeveloped lands for all water that drains to the District MS4.

Findings 1. New direct connections or replacement of existing connections are not proposed.

2. Prohibited discharges are not proposed.

RULE I: VARIANCES Standard  The Board of Managers shall have the power to grant variances from these Rules where they find that extraordinary and unnecessary hardships may result from strict compliance with these Rules; provided that such variances will not have the effect of nullifying the intent and purpose of these Rules and the overall plan of the District as adopted.

Findings

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1. The applicant has submitted a written request for a variance stating the exceptional conditions of the site. a. The low opening of the building is to a below grade parking ramp, and is 916.7 ft b. The 100-yr flood elevation in the stormwater system is 915.8 ft, (0.9 feet below Low opening) c. The EOF is s 916.15 (0.54 feet below low opening) d. The existing public storm sewer system is very shallow (constraining site condition #1). e. The building and surface parking elevations are set based on the existing adjacent alley. (constraining site condition #2). f. The stormwater system can not be lowered due to the existing shallow storm sewer elevation g. The ramp entrance elevation can not be raised it due to maximum slope requirements and potential for long vehicles to scrape their undercarriage.

2. Approving the requested variance will not nullify the intent of the Rules or the overall Plan of the District: a. Adequate protections are still provided to minimize the potential adverse impacts of flood events: i. If the stormwater system is overwhelmed, the runoff will flow into the alley, past the parking garage ramp entrance. ii. The elevation of the alley centerline will be lowered as much as possible. iii. A trench-drain and pump will be installed to capture runoff that goes down the ramp. iv. If the pumps are overwhelmed, runoff will exit the parking ramp through floor drains tied to the sanitary. v. The underground space is non-inhabited parking area. vi. Downstream property will not be negatively impacted, and the proposed condition provides more flood protection than existing.

Variance Recommendation: Approve the requested 0.46 ft variance from the 1 ft freeboard requirement of Flood Control Rule D Permit Recommendation:

Approve with 7 Conditions

Conditions: 1. Receipt of $4,700 surety.

2. Receipt of documentation of maintenance agreement recorded with Ramsey County.

3. Provide a copy of the NPDES permit.

4. Revise StormFilter specification and modeling: a. Specify 18� height cartridges. b. Revise HydroCAD to model StormFilter as a Tube/Siphon outlet per guidance from HydroCAD and: http://www.hydrocad.net/contech-filters.htm

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5. Revise proposed HydroCAD or plans to correspond for the following: a. Diameter of primary outlet is 12� in HydroCAD and 15� on Sheet C4.0 in plans.

6. Include a site-specific long-term maintenance plan that includes the following: a. List all stormwater management practices. b. Person(s) responsible for maintenance of stormwater devices(s). c. Frequency of inspection/ indicator that maintenance is needed, specifically noting accumulation of sediment in pretreatment chamber. d. Description of inspection activities. e. Description of maintenance activities.

7. Expand construction limits to include proposed grading in alley. Proposed grading should be shown with a dark line.

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4931 W. 35TH ST. SUITE 200 ST. LOUIS PARK, MN 55416 CivilSiteGroup.com Matt Pavek Pat Sarver 763-213-3944 952-250-2003

CONSTRUCTION LIMITS

NO PARKING

NO PARKING 24" 60" 24"

24" 42"

24"

48"

24" 60"

24" 42"

CONFERENCE ROOM 234 SF

24" 60"

18" 60"

24" 60" 24" 48"

24" 42"

UP

CLOSET 80 SF

VESTIBULE 127 SF

24" 42"

YOUTH ROOM 207 SF

18" 60"

LIBRARY 276 SF

24" 48"

24" 48"

24" 60"

24"

48"

1B-A 725 SF

1B_+D 839 SF

1B-A 725 SF

1B-A 725 SF

1B-B 680 SF

24" 30"

34"

34"

KITCHEN 1,528 SF

D

24" 36"

D

D

H

R-102 (0.75~104,000~~2.5")

GG

(0.75~60,000~~2.5")

DW

DW

DW

C

3'-0"

PRIVATE DINE 238 SF

MENS 203 SF

BISTRO 107 SF

WOMENS 208 SF JAN 28 SF

C

CLASSRM B 395 SF

C

24" 48"

C

H

CLASSRM A 416 SF

G

C C

C C

DW

D

C

24" 48"

D G

H

KITCHEN 309 SF

FITNESS 887 SF

24" 42"

D (0.75~80,000~~2.5")

STORAGE 75 SF

PUB ROOM 391 SF

DW

STAFF 83 SF

24" 42"

CHANGE 33 SF

CONSTRUCTION LIMITS FRZR

C CWI

CWO

UP

H

C

REFR

DW

C

CHANGE 33 SF

DINING 1,235 SF OFFICE 98 SF

OFFICE 99 SF

MECH 61 SF

STORAGE 87 SF

WORK AREA 91 SF

UP

OFFICE 113 SF

DW

COMMUNITY ROOM 1,847 SF

1B-B 679 SF

OFFICE 113 SF

2B/1B 966 SF

VESTIBULE 72 SF

2B/2B 1,052 SF

1B-A 904 SF

0S-A 435 SF

MORNING STAR REDEVELOPMENT

CONSTRUCTION LIMITS

GENERAL GRADING NOTES:

GROUNDWATER INFORMATION:

1.

PER GEOTECHNICAL REPORT BRAUN BY INTERTEC CORP. , DATED08-28-17GROUNDWATER WAS OBSERVED AT ELEVATIONS RANGING FROM 36 TO 38 DEPTH FT IN 2 LOCATIONS.

SEE SITE PLAN FOR HORIZONTAL LAYOUT & GENERAL GRADING NOTES.

WHERE ELEVATIONS ARE SHOWN, OR BETWEEN SUCH POINTS AND EXISTING GRADES. AREAS THAT HAVE BEEN FINISH GRADED SHALL BE PROTECTED FROM SUBSEQUENT CONSTRUCTION OPERATIONS, 2. THE CONTRACTOR SHALL COMPLETE THE SITE GRADING CONSTRUCTION (INCLUDING BUT NOT LIMITED TRAFFIC AND EROSION. REPAIR ALL AREAS THAT HAVE BECOME RUTTED BY TRAFFIC OR ERODED BY TO SITE PREPARATION, SOIL CORRECTION, EXCAVATION, EMBANKMENT, ETC.) IN ACCORDANCE WITH WATER OR HAS SETTLED BELOW THE CORRECT GRADE. ALL AREAS DISTURBED BY THE CONTRACTOR'S THE REQUIREMENTS OF THE OWNER'S SOILS ENGINEER. ALL SOIL TESTING SHALL BE COMPLETED BY OPERATIONS SHALL BE RESTORED TO EQUAL OR BETTER THAN ORIGINAL CONDITION OR TO THE THE OWNER'S SOILS ENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIREMENTS OF THE NEW WORK. REQUIRED SOIL TESTS AND INSPECTIONS WITH THE SOILS ENGINEER. 12. PRIOR TO PLACEMENT OF THE AGGREGATE BASE, A TEST ROLL WILL BE REQUIRED ON THE STREET 3. GRADING AND EXCAVATION ACTIVITIES SHALL BE PERFORMED IN ACCORDANCE WITH THE NATIONAL AND/OR PARKING AREA SUBGRADE. THE CONTRACTOR SHALL PROVIDE A LOADED TANDEM AXLE POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS & PERMIT TRUCK WITH A GROSS WEIGHT OF 25 TONS. THE TEST ROLLING SHALL BE AT THE DIRECTION OF THE REQUIREMENTS OF THE CITY. SOILS ENGINEER AND SHALL BE COMPLETED IN AREAS AS DIRECTED BY THE SOILS ENGINEER. THE SOILS ENGINEER SHALL DETERMINE WHICH SECTIONS OF THE STREET OR PARKING AREA ARE 4. PROPOSED SPOT GRADES ARE FLOW-LINE FINISHED GRADE ELEVATIONS, UNLESS OTHERWISE NOTED. UNSTABLE. CORRECTION OF THE SUBGRADE SOILS SHALL BE COMPLETED IN ACCORDANCE WITH THE 5. GRADES OF WALKS SHALL BE INSTALLED WITH 5% MAX. LONGITUDINAL SLOPE AND 1% MIN. AND 2% REQUIREMENTS OF THE SOILS ENGINEER. NO TEST ROLL SHALL OCCUR WITHIN 10' OF ANY MAX. CROSS SLOPE, UNLESS OTHERWISE NOTED. UNDERGROUND STORM RETENTION/DETENTION SYSTEMS. 6. PROPOSED SLOPES SHALL NOT EXCEED 3:1 UNLESS INDICATED OTHERWISE ON THE DRAWINGS. 13. TOLERANCES MAXIMUM SLOPES IN MAINTAINED AREAS IS 4:1 13.1. THE BUILDING SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.30 7. PROPOSED RETAINING WALLS, FREESTANDING WALLS, OR COMBINATION OF WALL TYPES GREATER FOOT ABOVE, OR 0.30 FOOT BELOW, THE PRESCRIBED ELEVATION AT ANY POINT WHERE THAN 4' IN HEIGHT SHALL BE DESIGNED AND ENGINEERED BY A REGISTERED RETAINING WALL MEASUREMENT IS MADE. ENGINEER. DESIGN DRAWINGS SHALL BE SUBMITTED FOR REVIEW AND APPROVAL PRIOR TO 13.2. THE STREET OR PARKING AREA SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY CONSTRUCTION. MORE THAN 0.05 FOOT ABOVE, OR 0.10 FOOT BELOW, THE PRESCRIBED ELEVATION OF ANY POINT 8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTENANCE OF GRADE STAKES THROUGHOUT THE WHERE MEASUREMENT IS MADE. DURATION OF CONSTRUCTION TO ESTABLISH PROPER GRADES. THE CONTRACTOR SHALL ALSO BE 13.3. AREAS WHICH ARE TO RECEIVE TOPSOIL SHALL BE GRADED TO WITHIN 0.30 FOOT ABOVE OR RESPONSIBLE FOR A FINAL FIELD CHECK OF FINISHED GRADES ACCEPTABLE TO THE BELOW THE REQUIRED ELEVATION, UNLESS DIRECTED OTHERWISE BY THE ENGINEER. ENGINEER/LANDSCAPE ARCHITECT PRIOR TO TOPSOIL AND SODDING ACTIVITIES. 13.4. TOPSOIL SHALL BE GRADED TO PLUS OR MINUS 1/2 INCH OF THE SPECIFIED THICKNESS. 9. IF EXCESS OR SHORTAGE OF SOIL MATERIAL EXISTS, THE CONTRACTOR SHALL TRANSPORT ALL 14. MAINTENANCE EXCESS SOIL MATERIAL OFF THE SITE TO AN AREA SELECTED BY THE CONTRACTOR, OR IMPORT 14.1. THE CONTRACTOR SHALL PROTECT NEWLY GRADED AREAS FROM TRAFFIC AND EROSION, AND SUITABLE MATERIAL TO THE SITE. KEEP AREA FREE OF TRASH AND DEBRIS. 10. EXCAVATE TOPSOIL FROM AREAS TO BE FURTHER EXCAVATED OR REGRADED AND STOCKPILE IN 14.2. CONTRACTOR SHALL REPAIR AND REESTABLISH GRADES IN SETTLED, ERODED AND RUTTED AREAS DESIGNATED ON THE SITE. THE CONTRACTOR SHALL SALVAGE ENOUGH TOPSOIL FOR AREAS TO SPECIFIED TOLERANCES. DURING THE CONSTRUCTION, IF REQUIRED, AND DURING THE RESPREADING ON THE SITE AS SPECIFIED. EXCESS TOPSOIL SHALL BE PLACED IN EMBANKMENT WARRANTY PERIOD, ERODED AREAS WHERE TURF IS TO BE ESTABLISHED SHALL BE RESEEDED AREAS, OUTSIDE OF BUILDING PADS, ROADWAYS AND PARKING AREAS. THE CONTRACTOR SHALL AND MULCHED. SUBCUT CUT AREAS, WHERE TURF IS TO BE ESTABLISHED, TO A DEPTH OF 6 INCHES. RESPREAD 14.3. WHERE COMPLETED COMPACTED AREAS ARE DISTURBED BY SUBSEQUENT CONSTRUCTION TOPSOIL IN AREAS WHERE TURF IS TO BE ESTABLISHED TO A MINIMUM DEPTH OF 6 INCHES. OPERATIONS OR ADVERSE WEATHER, CONTRACTOR SHALL SCARIFY, SURFACE, RESHAPE, AND COMPACT TO REQUIRED DENSITY PRIOR TO FURTHER CONSTRUCTION. 11. FINISHED GRADING SHALL BE COMPLETED. THE CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN LIMITS OF GRADING, INCLUDING ADJACENT TRANSITION AREAS. PROVIDE A SMOOTH FINISHED SURFACE WITHIN SPECIFIED TOLERANCES, WITH UNIFORM LEVELS OR SLOPES BETWEEN POINTS

PROJECT

CONSTRUCTION LIMITS

THE BORINGS & GROUNDWATER ARE AS FOLLOWS: ST-5 880.40 ST-8 881.00

I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.

CITY OF ST. PAUL GRADING NOTES: 1.

739 SELBY AVENUE, ST. PAUL, MN 55104

DN VESTIBULE 90 SF

5201 EDEN AVENUE, SUITE #250, EDINA, MN 55436

MORNING STAR CHURCH 2,359 SF

RECEPTION 1,562 SF

MECH 43 SF

DW

NARTHEX 548 SF

MESABA CAPITAL DEVELOPMENT

PASTOR OFFICE 166 SF

42"

VESTIBULE 68 SF 18" 60"

WOMENS 165 SF

MENS 166 SF

DATE

RESERVED FOR CITY SPECIFIC GRADING NOTES.

David J. Knaeble 6/5/18 LICENSE NO. 48776

ISSUE/SUBMITTAL SUMMARY DATE DESCRIPTION 04/23/18 04/25/18 05/14/18 05/24/18 5/29/18 6/5/18 . . . . . . .

EROSION CONTROL NOTES: SEE SWPPP ON SHEETS SW1.0-SW1.3

GRADING PLAN LEGEND: EX. 1' CONTOUR ELEVATION INTERVAL 1.0' CONTOUR ELEVATION INTERVAL SPOT GRADE ELEVATION (GUTTER/FLOW LINE UNLESS OTHERWISE NOTED) SPOT GRADE ELEVATION GUTTER

REVISION SUMMARY

SPOT GRADE ELEVATION TOP OF CURB SPOT GRADE ELEVATION BOTTOM OF STAIRS/TOP OF STAIRS

DATE DESCRIPTION

. . . . . . . . . . . .

PROJECT NO.: 17153

CURB AND GUTTER (T.O = TIP OUT) TO

EOF=1135.52

CITY SUBMITTAL WATERSHED SUBMITTAL WATERSHED RESUBMITTAL WATERSHED RESUBMITTAL CD PROGRESS SET WATERSHED RESUBMITTAL . . . . . . .

EMERGENCY OVERFLOW

GRADING PLAN GOPHER STATE ONE CALL

N

WWW.GOPHERSTATEONECALL.ORG (800) 252-1166 TOLL FREE (651) 454-0002 LOCAL

1" = 20'-0" 10'-0" 0

20'-0"

C3.0 c COPYRIGHT 2017 CIVIL SITE GROUP INC.

June 19, 2018 IV. Special Report A) New Office Solar Panels, Rich Ragatz, Ideal Energies

DATE: TO: FROM: RE:

June 14, 2018 Board of Managers Mark Doneux, Administrator New Office Solar Panels

Background CRWD has been pursuing a sustainable building program for our 595 Aldine office. Specifically, we have been pursuing LEED Gold (ver 4.0) for our building. As one of the many ways to qualify we are planning on adding solar panels to the new shop and garage building to meet nearly 15% of our energy needs. The existing building was considered however the existing structure did not allow the additional weight of solar panels without a significant expense for structural upgrades to the roofing system.

Issues The cash flow model for the Solar Grant Program through Xcel Energy, combined with the Federal Government and our Capital Lease structure, provides where CRWD would own the rooftop solar array from Day 1 with no money down and save 25% on the cost of energy produced every year and it would be paid off in 12 years. Specifically, CRWD would purchase the solar array from Ideal Energies and immediately own it outright. Under the lease, Green Sky pays Ideal Energies for the solar array, and becomes the tax owner so they can leverage tax benefits on CRWD’s behalf. The lease also assigns any rebates to Green Sky to help pay for the solar array. Immediately after the purchase, CRWD leases the solar array to Green Sky for annual lease payments, and Green Sky operates and maintains the solar array on CRWD's behalf. CRWD pays Green Sky for the energy generated from the solar array at a discount vs. utility rates. If either party elects to terminate their Put Option the GreenSky would require CRWD to purchase Green Sky's remaining interest for $1. If either party elects to terminate their Call Option, then CRWD would require GreenSky to sell its remaining interest to CRWD at fair market value. Fair market value in 12 years is estimated to be approximately $5,000-$6,000. At that point, power purchase payments will stop and CRWD will receive energy from the solar array thereafter at no cost. CRWD will have no upfront costs, receive discounted energy rates for the first 12 years and own the facility outright for a nominal cost. Rich Ragatz from Ideal Energies will discuss and review the agreements.

Requested Action Authorize Administrator to execute Solar Panel Purchase, Lease, Power Purchase and Put and Call Agreement with Ideal Energies subject to the review and approval of the Ramsey County Attorney. enc:

Solar Panel Purchase, Lease, Power Purchase and Put and Call Agreement (Digital Only)

W:\01 Administration\Facility Management\595 Aldine\Construction\Solar\Board Memo - Solar Panel Lease Agreement 6-14-18.docx

TRADE SECRET PER MINN. STAT. § 13.37 Purchase Agreement 19.980 kW DC SilfabSLG370M, 20.00 kW AC SolarEdge SE20k 480V 3Ph Inverter(s), SolarEdge P800 Power Optimizers & Unirac, Panelclaw (or equivalent) Ballasted Racking @ approximately 10°

Customer / Owner

Capitol Region Watershed District

Installation Location

595 Aldine Street, St. Paul, MN 55104

Xcel Premise #

302211011

Xcel SolarRewards This PURCHASE AGREEMENT (this “Agreement”), dated May 10, 2018 is between IDEAL ENERGIES, LLC, a Minnesota limited liability company, whose principal place of business is located at 5810 Nicollet Avenue Minneapolis, MN 55419 (“Seller”), and Capitol Region Watershed District, a political subdivision of the State of Minnesota, located at 1410 Energy Park Drive, Suite 4, St. Paul, MN 55108 (“Customer” or “District”). Seller and Customer are sometimes also referred to in this Agreement jointly as “Parties”, or individually as a “Party”.

Cost”) of $74500.00. The Installation Cost will be paid in full net 15 days after the Final Project Completion, except in the event that Customer has entered into an Installment Sale Finance Agreement or a Facility Lease Agreement with Seller or Seller’s affiliates, in which case the terms of those agreements will govern payment of the Installation Cost.

5.

Customer’s Representations and Responsibilities. a.

Customer represents that the Site is owned by Customer, as described in Schedule B.

b.

The individual listed in Schedule B is the authorized

c.

representative of Customer.

d.

Customer will, at least two weeks before the Energy System is commissioned, provide either a wireless internet connection or a RJ45 Internet outlet at the electrical room for connecting web-based monitoring equipment. If needed, Seller will provide this service for an additional fee.

e.

If required by the applicable Rebate program, Customer will participate in energy audits to identify additional energy savings opportunities.

RECITALS A.

B.

Seller sells and installs grid-tied photovoltaic solar electric systems (the “Energy System”) and Customer desires to purchase and install an Energy System on the Installation Location described above (the “Site” or “Real Property”); and Seller has or will apply for Rebates (as described below) on behalf of Customer for the Energy System, and after the Rebates are secured for the Project (as defined below), will install the Energy System, all on the terms and conditions set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1.

Contingency. THE PARTIES’ PERFORMANCE UNDER THIS AGREEMENT IS CONTINGENT ON THE PROJECT SECURING THE REBATE DESCRIBED IN SECTION 9 BELOW.

2.

Services. After the Project has secured the Rebate, if available, Seller will, at its expense, perform electrical engineering on the Energy System, perform structural engineering on the Site to verify it is adequate to support the Energy System, provide and install an Energy System of 19.980 kW DC on the Site, and perform Energy System commissioning (the “Project”). The Energy System will consist of the Energy System components identified on Schedule A (the “System Components”) and the Project’s design documents (the “Design Documents”).

3.

Title and Risk of Loss. Title, free of any encumbrance, lien, or security interest (except as expressly agreed upon in writing between Customer and Green2 Solar Leasing, LLC), and risk of loss for the Energy System will pass to Customer upon Final Project Completion (as defined below).

4.

Purchase and Sale; Installation Costs and Payment Terms. Seller agrees to sell and Customer agrees to purchase the Energy System and the services provided for hereunder for a total cost for the Project (the “Installation

6.

7.

1

Seller’s Responsibilities. a.

Seller will provide all System Components, labor, equipment, supplies and services necessary to install the Energy System and the System Components at the Site in accordance with the “Scope of Work” described in Schedule C.

b.

Seller will perform all services in compliance with all applicable laws, rules, regulations, governmental approvals and permits, including all applicable agreements with, and tariffs of, the local utility (collectively, "Applicable Requirements").

Installation Plan. Customer and Seller will work together to develop a proposed work plan and schedule for the installation (the “Schedule”). If events arise which make meeting the Schedule impractical, such as availability of equipment and other reasonable delays, Seller will notify Customer of the same as soon as reasonably possible, and the Parties will adjust the Schedule accordingly. The Project will be completed when system witness test is performed and the full system is turned on and is capable, and authorized under all Applicable Requirements, to generate and deliver electric energy to Customer and the local utility's electrical grid at the Interconnection Point (“Final Project Completion”). Notwithstanding any delays, the anticipated date for Final Project Completion is Summer/Fall, 2018.

TRADE SECRET PER MINN. STAT. § 13.37 8.

Changes. a.

b.

9.

Completion has occurred, for the Energy System and the System Components.

It is the desire of the Parties to keep changes to the Project to a minimum. Either Party may initiate a change by advising the other Party in writing of the change. For any change request, Seller will prepare a revised Schedule and a cost estimate. Customer will advise Seller in writing of its approval or disapproval of the change. If Customer approves the change, Seller will perform the services as changed, and the Installation Costs will be updated.

c.

11. Seller's Waiver and Indemnity Regarding Liens. To the fullest extent permitted under the Applicable Requirements, Seller waives any right to file or impose any mechanic's, materialman's, or other liens with respect to the Site or the Project and deliver proof of payment of all contractors, subcontractors and suppliers. Seller shall promptly pay all undisputed amounts owed for services, materials, equipment, and labor furnished by any person to Seller with respect to the Project. Seller shall, at Seller’s sole cost and expense, discharge and cause to be released, whether by payment or posting of an appropriate surety bond in accordance with the Applicable Requirements, within thirty (30) days of its filing, any mechanic's, materialmen's, or other lien in respect of the Project, the Energy System, or the Site created by, through or under, or as a result of any act or omission (or alleged act or omission) of, Seller or any subcontractor or other person providing services, materials, equipment or labor with respect to the Project. If Seller defaults in its obligation to discharge, satisfy or settle such liens, Customer may discharge, satisfy or settle such liens and Seller shall, within fifteen (15) days of a written request

by Customer, reimburse Customer for all costs and expenses incurred by Customer to discharge, satisfy or settle such Liens.

The equipment selected by Seller and described on Schedule A may be substituted by Seller with other equipment (with at least a 10-year manufacturer’s workmanship warranty and a 25-year production warranties achieving at least 80% of rated capacity) as required to accommodate structural limitations of the installation location, the availability of equipment, or other reasonable reasons. In the event a Rebate is paid based on the use of specific equipment and the equipment is substituted with new equipment, the new equipment will have an equal or greater Rebate.

Rebates, Utility Bill Credits, and Tax Credits. The Parties anticipate the Project will be eligible for the following rebates and credits: a.

The Project should be eligible to receive the Xcel SolarRewards (the “Rebate”) totaling $0.08 per kWh generated from the Energy System paid to Customer (or its assignee) from Xcel Energy. The Rebate is scheduled to be paid annually for ten consecutive years based on the prior year’s annual kWh production.

In exchange for receiving the Rebate, as may be required by the Utility Interconnection requirements, Customer agrees to convey Renewable Energy Credits (“RECs”) for the Project to Xcel Energy, and execute any required paperwork for the conveyance of RECs. Any RECs remaining after the termination of any conveyance to Xcel Energy belong to the Customer.

b.

The Project should be eligible to receive a Federal Tax Credit from the U.S. Treasury pursuant to the terms of the Lease equal to 30% of the Energy System’s eligible Installation Cost (“Tax Credit”) for Energy Systems put into service during 2017, 2018 or 2019.

c.

Customer should be eligible to participate in the local utility's Net Metering Program. Under this program, the energy generated from the Energy System is available for use and reduces the total amount of energy that needs to be purchased from the utility, and for months where the Energy System produces more kWh than the site consumes, the utility will compensate Customer at the applicable rate.

12. Warranties. Seller will provide the warranties set forth on Schedule D hereto. Except as otherwise set forth in Schedule D, the System Components furnished and installed by Seller, but not manufactured by Seller (including without limitation the solar modules, inverters, power optimizers, racking, and monitoring equipment and their performance/energy output), will carry only the warranty of their manufacturer.

For more detailed information about warranties on the System Components, please see the applicable manufacturer’s specification sheets and warranties included in the Operations Manual provided to Customer, or available on the manufacturer’s websites. Customer is solely responsible for pursuing any available warranties on System Components against the manufacturer at its own expense, and may look only to such manufacturer, and not to Seller, for any warranty with respect thereto. Seller will assist Customer in resolving any warranties relating to System Components on a time and material basis, at rates that are consistent with industry standards.

13. EXCEPT

AS EXPRESSLY PROVIDED IN SCHEDULE D, SELLER MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE INSTALLATION, DESIGN, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, ENERGY PRODUCTION, PROJECTED ECONOMIC VIABILITY, FINANCIAL DATA AND PROJECTIONS, ROOF PERFORMANCE, FITNESS FOR ANY PARTICULAR PURPOSE OR ANY

10. Insurance. a.

Seller will, at its own cost and expense, maintain in full force and effect, insurance as required by Schedule E for the services being performed by Seller under this Agreement. Upon request, Seller shall provide Customer with certificate(s) evidencing such insurance prior to commencement of any work at the Site.

b.

Customer will at all times, at its own cost and expense, maintain in full force and effect, insurance reasonable and customary for the Site and, after the Final Project

As required, Customer will provide Seller and the Utility with a certificate of insurance that conforms with the Rebate and Utility program requirements.

2

TRADE SECRET PER MINN. STAT. § 13.37 OTHER MATTER OF THE ENERGY SYSTEM, THE SYSTEM COMPONENTS, THE PROJECT, OR ANY SERVICES PROVIDED UNDER THIS AGREEMENT.

IS REQUIRED TO INDEMNIFY THE OTHER PARTY. 16. Termination. This Agreement may be terminated as follows:

14. Ownership of Project Documents and Design. All Design Documents for the Energy System shall be the sole and exclusive property of Customer. Customer grants Seller a perpetual, royalty free license to use the Design Documents for its own private use.

a.

Either Party may terminate this Agreement by providing the other Party written notice in the event (i) the Rebate is not secured within two (2) years after the date first written above, or (ii) the structural analysis indicates the Site is not capable of supporting the solar array (except where Seller provides alternate equipment and/or structural retrofits or other requirements specified in the structural engineering report that render the Site suitable for installing the solar array in the Installation Costs). In addition, Seller may, in its sole discretion, terminate this Agreement by providing Customer written notice in the event the procurement times for solar equipment are too long to allow execution on the Project in accordance with the terms of this Agreement.

b.

Customer may terminate this Agreement by giving written notice to Seller at any time prior to completion of the Project in the event that: (i) Seller has breached any representation, warranty or covenant contained in this Agreement in any material respect, Customer has notified Seller of the breach, and the breach has continued without cure by Seller or written waiver by Customer for a period of thirty (30) days after the notice of breach; or (ii) upon sixty (60) days' prior notice to Seller if Seller has not achieved Final Project Completion on or prior to December 31, 2018.

c.

Seller may terminate this Agreement by giving written notice to Customer at any time prior to completion of the Project in the event Customer has breached any representation, warranty or covenant contained in this Agreement in any material respect, Seller has notified Customer of the breach, and the breach has continued without cure by Customer or written waiver by Seller for a period of thirty (30) days after the notice of breach.

d.

If either Party terminates this Agreement pursuant to Sections 16(a), 16(b) or 16(c), all rights and obligations of the Parties under this Agreement will terminate without any liability of any Party to any other Party, except with respect to Section 13, Section 15, and as otherwise provided in this Section 16, and except for any liability of any Party then in breach.

e.

Except as otherwise provided in this Section 16, the termination rights under this Section 16 are cumulative with and in addition to any other rights or remedies to which the Parties may be entitled at law or under this Agreement.

15. Indemnification; Limitation of Damages. a.

b.

c.

Subject to the limitations set forth below, Seller hereby indemnifies and holds harmless Customer and its officials, agents, employees, consultants, representatives, agents, and affiliates against any damages, liabilities, losses, costs and expenses, including reasonable attorney fees and costs (collectively, “Damages”) incurred or suffered by any of them caused by (i) any material breach of this Agreement by Seller, or (ii) the negligence, gross negligence or willful misconduct of Seller, its employees, or subcontractors in connection with the Project.

Customer hereby indemnifies and holds harmless Seller and its officers, directors, members, consultants, representatives, agents, employees and affiliates against any Damages incurred or suffered by any of them in any way arising out of, relating to, or in connection with (i) any material breach of this Agreement by Customer, or (ii) the negligence, gross negligence or willful misconduct of Customer or its employees in connection with the Project.

A Party claiming indemnification will give the other Party prompt notice of the relevant claim and will reasonably cooperate with the indemnifying Party, at the indemnifying Party’s expense, in the defense of such claim. The indemnifying Party shall control the defense and settlement of such claim; provided however that the indemnifying Party shall not agree to any settlement that affects the indemnified Party without the prior written consent of the indemnified Party, which approval shall not be unreasonably withheld. The indemnified Party may, at its option and its own expense, participate in the defense of any such claim with legal counsel of its own choice.

d. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM, CONNECTED WITH OR RELATING TO THIS AGREEMENT, THE ENERGY SYSTEM OR THE PROJECT, OR TO SELLER’S OR CUSTOMER’S ACTS OR OMISSIONS IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, WHETHER FOR NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EXCEPT FOR ANY DAMAGES OF THIRD PARTIES FOR WHICH ONE PARTY

17. General. a.

3

Subordination to Utility Rebate Agreement. No portion of this Agreement is intended to conflict with any Utility Rebate Agreements (the “Utility Rebate Agreements”) to which Seller or Customer is a party.

In the case of a conflict between the terms or conditions of this Agreement and the Utility Rebate Agreements, the terms and conditions of Utility Rebate Agreements shall control. The utility, or its successors and assigns, is a third-party beneficiary of the provision of this

TRADE SECRET PER MINN. STAT. § 13.37 paragraph. Nothing in this Agreement shall prevent the utility, from fully enforcing the terms and conditions of Utility Rebate Agreements. b.

c.

d.

e.

f.

g.

h.

i.

laws of the State of Minnesota without regard to its conflicts of laws principals. Any lawsuit brought only in a court of general jurisdiction in Ramsey County, Minnesota.

Relationship of the Parties. The Parties shall for all purposes be considered independent contractors with respect to each other, and neither shall be considered an employee, employer, agent, principal, partner or joint venturer of the other.

Entire Agreement.

This Agreement and the Schedules hereto, together with any agreements referenced herein, constitute the entire agreement and understanding of the Parties relative to the subject matter hereof. The Parties have not relied upon any promises, representations, warranties, agreements, covenants or undertakings, other than those expressly set forth or referred to herein. This Agreement replaces and supersedes any and all prior oral or written agreements, representations and discussions relating to such subject matter.

Survival of Representations. All representations, warranties, covenants and agreements of the Parties contained in this Agreement, or in any instrument, certificate, exhibit or other writing provided for in it, shall survive the execution of this Agreement and the consummation of the transactions contemplated herein.

Amendment. This Agreement may be amended or modified only by a document executed by the Parties.

No custom or practice of the Parties at variance with the terms hereof shall have any effect.

j.

Severability. The provisions of this Agreement are severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement.

k.

Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

Neither Party shall assign this Agreement, or any portion thereof, without the prior written consent of the other Party. Any attempted assignment or transfer without prior written consent of the other Party shall be of no force or effect. As to any permitted assignment: (a) reasonable prior notice of any such assignment shall be given to the other Party; and (b) any assignee shall expressly assume the assignor’s obligations hereunder, unless otherwise agreed to by the other Party in writing.

l.

Marketing and Promotion. Seller shall not use Customer's name, image or likeness in connection with advertising and promoting the Project or the Energy System without Customer's approval, which shall not be unreasonably withheld.

m. Special Terms and Conditions. Notwithstanding Section 16.c of this Agreement, the Parties hereby incorporate Schedule E, Special Terms & Conditions as part of this Agreement.

Notices. All notices to be given under this Agreement shall be in writing and shall be effectively given upon personal delivery, facsimile or email transmission (with confirmation of receipt), delivery by overnight delivery service or three days following deposit in the United States Mail (certified or registered mail, postage prepaid, return receipt requested).

The Parties acknowledge they have read this Agreement, understand it and agree to be bound by its terms and conditions as of the date first set forth above.

Seller Ideal Energies, LLC

No Delay. No delay or failure on the part of any Party hereto to exercise any right, power or privilege hereunder shall operate as a waiver thereof.

By: _________________________________ Chris Psihos, its President

Force Majeure. Neither Party will be liable to the other Party for any delay, error, failure in performance or interruption of performance resulting from causes beyond its reasonable control, including without limitation fires, flood, accidents, explosions, sabotage, strikes or other labor disturbances, legal acts of public authorities, product unavailability, civil commotion, riots, invasions, wars, acts of God, terrorism, or any cause (whether similar or dissimilar to the foregoing) beyond the reasonable control of the Parties.

Date: ________________________________ Customer Capitol Region Watershed District By: _________________________________ Mark Doneux, its Administrator Date: ________________________________

Governing Law / Venue. This Agreement shall be governed by and construed in accordance with the

4

TRADE SECRET PER MINN. STAT. § 13.37

SCHEDULE A System Components The Energy System will consist of the following System Components: 1.

UL Listed and approved Solar Panels:

SilfabSLG370M; 370 kW DC each

2.

UL listed and approved DC/AC inverters:

SolarEdge SE20k 480V 3Ph Inverter; 20.00 kW AC total

3.

Power Optimizers:

SolarEdge P800 Power Optimizers

4.

Solar Panel Racking / mounting system:

Unirac, Panelclaw (or equivalent) Ballasted Racking @ approximately 10°

5.

Electrical components including but not limited to conductive wiring, ground circuitry, conduit, junction boxes, disconnects, switches, over-current protection, and any associated hardware necessary to complete the installation of the solar electric modules and interconnect with the Site’s existing electric service.

6.

Monitoring equipment and web-based remote system monitoring. Customer is responsible for bringing and providing internet service at the installation location (typically the electrical room).

The Parties agree that The Energy System does NOT include the following unless purchased as an option (except where Seller includes them in the Installation Costs): 1.

Any structural improvements to the building required to support the Energy System and the System Components.

2.

Batteries or emergency back-up power capability.

3.

Any Upgrades to Customer’s electrical service to bring their service up to code.

SCHEDULE B Contact Information for Parties Real Property Owner: Capitol Region Watershed District 1410 Energy Park Drive, Suite 4, St. Paul, MN 55108 Customer’s Authorized Representative: Mark Doneux 651-644-8888 Seller/Installer: Ideal Energies, LLC Chris Psihos t. (612)928-5008 chris.psihos@idealenergies.com 5810 Nicollet Avenue Minneapolis, MN 55419 Project Electrician(s): Green2 Electric, LLC Russell Goetze t. (612)928-5008 f: (612)928-5009 5810 Nicollet Avenue, Minneapolis, MN 55419 License EA719118

Oxbow Sunworks Morgan Southard t. (651)408-3962 5633 Memorial Ave. No. Stillwater, MN 55082 License EA691504

5

TRADE SECRET PER MINN. STAT. § 13.37

SCHEDULE C Scope of Work A.

Design Scope 1.

2.

3.

4.

5.

B.

Installation 1.

2.

3.

4.

5.

C.

Seller will furnish and install all required material or equipment for a complete installation.

Seller will connect the Energy System to Customer’s electric panel.

Seller will commission and test the Energy System after installation.

Electrical interconnections will be performed by licensed electricians.

Except as provided in the Purchase Agreement, the Parties agree that Seller will not be liable for any indirect or consequential losses incurred by Customer as a result of the Energy System installation. Such losses may result from disruption of operations, interruption of electrical service, suspension of mechanical services and other interruptions reasonably related to standard Energy System installation of the size and type contemplated by the Project.

Safety 1.

2.

D.

Seller will prepare structural and electrical Design Documents describing the Project.

Seller will comply with all building codes and, as necessary, obtain any code variances.

Seller will ensure that the Energy System installation meets then current National Electrical Code requirements.

Seller will apply for all permits, and complete inspections to close such permits after Project Completion.

Seller will apply for interconnection of the Energy System and net metering with the local utility.

Seller will adhere to all current safety laws including without limitation federal, state and local safety regulations.

Seller’s workers will conform to standard OSHA safety practices and procedures during installation.

General 1.

2.

3.

4.

5.

6.

Seller will provide all required design, engineering, construction, administration and management services necessary to complete the Project.

Seller will take all action reasonably necessary or required to bring the Project to commercial operation.

Seller will provide to Customer copies of all operating and maintenance manuals and third-party warranties.

Customer is responsible for scheduling and completing, if necessary, the energy audit required for purposes of the Rebates.

Seller shall provide all products, licenses, documentation, services and training for installation and implementation of the Solar Edge web based solar array monitoring system.

Seller hereby grants the District any renewable, nonexclusive and nontransferable license for the Solar Edge web based solar array monitoring system provided to Ideal Energies, LLC by Solar Edge.

6

TRADE SECRET PER MINN. STAT. § 13.37

SCHEDULE D Seller’s Warranties Engineering and Design Services Warranty Seller warrants that it will perform the engineering and design services in a professional and workmanlike manner using the degree of care, skill, prudence, judgment and diligence that a reasonable, qualified and competent provider of similar services would exercise. Except as otherwise provided herein, during the period beginning on the Final Project Completion date and ending five years later (the “Warranty Period”), it is shown that there was an error in such engineering and design services as a result of Seller’s failure to meet those standards, and if Customer properly notifies Seller within the Warranty Period, Seller will, at its own expense and at no cost to Customer, re-perform such services to remedy such error within a reasonable timeframe.

Installation Services Warranty Seller warrants that it will perform the installation services in a professional and workmanlike manner using the degree of care, skill, prudence, judgment and diligence that a reasonable, qualified and competent provider of similar services would exercise. Except as otherwise provided herein, if during the Warranty Period it is shown that there was an error in such installation services as a result of Seller’s failure to meet those standards, and if Customer properly notifies Seller within the Warranty Period, Seller will, at its own expense and at no cost to Customer, reperform such services to remedy such error within a reasonable timeframe.

Limited System Components Warranty Seller warrants that the System Components will be new and not physically damaged by Seller at the time of Final Project Completion. If Customer notifies Seller within a reasonable timeframe after Final Project Completion that any System Components were not new or are physically damaged by Seller at the time of Final Project Completion, Seller shall replace such System Components within a reasonable timeframe with System Components that are new and undamaged.

Roof Warranty Except as otherwise provided herein, if during the Warranty Period it is shown that the roof leaks solely as a result of Seller’s installation of the Energy System, and if Customer properly notifies Seller within the Warranty Period, Seller will, at its own expense and at no cost to Customer, promptly repair the roof so that it does not leak; provided that such leaking is not due to normal wear and tear.

Limitation on Warranties the extent caused by:

The above warranties do NOT cover damage, malfunctions or services failures to

1.

Failure to follow the any applicable operations or maintenance manual or any other maintenance instructions provided by Seller or the manufacturer of the System Components, or failure to maintain or operate the Energy System;

2.

Repair, modification, maintenance, movement or relocation of the Energy System or the System Components by someone other than a service technician approved by Seller or the manufacturer of the System Components;

3.

Attachment or connection to the Energy System of any equipment not supplied by Seller, or the use of the Energy System for a purpose for which the Project was not intended;

4.

Abuse, misuse or acts of Customer or any third person (other than Seller or its employees or agents), including intentional damage, theft or vandalism; or

5.

Damage or deteriorated performance of the Energy System or Site caused by electrical surges, building settling, building component failure, work done on the building or adjacent structures, use of machinery or vehicle in the area, winds in excess of the system design rating, lightning, fire, flood, extreme weather conditions, pests, tornadoes, hurricanes, hail, storms, explosions, earthquakes, ground subsidence, falling debris, accidental breakages (not caused by Seller or its employees or agents), normal wear and tear, and other events or accidents outside the reasonable control of Seller.

Customer's Right to Remedy In the event that Seller fails to remedy any breach of warranty within the prescribed timeframe under this Schedule D or such breach threatens imminent harm to Customer or its property, Customer shall have the right to employ any reasonable means necessary to remedy such breach, and Seller shall reimburse Customer for all expenses incurred by Customer in carrying out such remedy.

7

TRADE SECRET PER MINN. STAT. ยง 13.37

SCHEDULE E Special Terms & Conditions

1. Compliance With Legal Requirements 1.1. The Seller shall comply with all applicable federal, state and local laws and the rules and regulations of any regulatory body acting thereunder and all licenses, certifications and other requirements necessary for the execution and completion of the contract.

2. Data Practices 2.1. All data collected, created, received, maintained or disseminated for any purpose in the course of the Seller's performance under this Agreement is subject to the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statutes, any state rules adopted to implement the Act and statutes, as well as federal statutes and regulations on data privacy.

2.2. The District acknowledges that Seller has asserted that the structure of this transaction constitutes Trade Secret Information, as defined by Minn. Stat. ยง 13.37, Subd. 1(b). In the event that the District receives a Minnesota Government Data Practice request for the documents related to this Agreement, the District will contact Seller prior to any disclosure so that Seller may fully assert its rights under Minn. Stat. ยง 13.37.

2.3. The Seller designates Chris Psihos as its Responsible Designee, pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.02 Subdivision 06, as the individual responsible for any set of data collected to be maintained by Seller in the execution of this Agreement.

2.4. The Seller shall take all reasonable measures to secure the computers or any other storage devices in which District data is contained or which are used to access District data in the course of providing services under this Agreement. Access to District data shall be limited to those persons with a need to know for the provision of services by the Seller. Except where client services or construction are provided, at the end of the Project all District data will be purged from the Seller's computers and storage devices used for the Project and the Seller shall give the District written verification that the data has been purged.

3. Security 3.1. All District data and intellectual property stored in the Seller's system is the exclusive property of the District.

3.2. Seller's Insurance 3.2.1. The Seller shall purchase and maintain such insurance as will protect the Seller from claims which may arise out of, or result from, the Seller's operations under this Agreement, whether such operations are by the Seller or by any subcontractor, or by anyone directly employed by them, or by anyone for whose acts or omissions anyone of them may be liable.

3.2.2. -o Throughout the term of this Agreement, the Seller shall secure the following coverages and comply with all provisions noted. Certificates of Insurance shall be issued to the District contracting department evidencing such coverage to the District throughout the term of this Agreement.

8

TRADE SECRET PER MINN. STAT. ยง 13.37 3.2.3. Commercial general liability of no less than $500,000 per claim, $1,500,000 per occurrence, $2,000,000 general aggregate, $2,000,000 products/completed operations total limit, $1,500,000 personal injury and advertising liability.

3.2.3.1.

All policies shall be written on an occurrence basis using ISO form CG 00 01 or its equivalent. Coverage shall include contractual liability and XCU. Seller will be required to provide proof of completed operations coverage for 3 years after substantial completion.

3.2.3.2.

The Seller is required to add Capitol Region Watershed District, its officials, employees, volunteers and agents as Additional Insured to the Seller's Commercial General Liability, Auto Liability, Pollution and Umbrella policies with respect to liabilities caused in whole or part by Seller's acts or omissions, or the acts or omissions of those acting on Seller's behalf in the performance of the ongoing operations, services and completed operations of the Seller under this Agreement. The coverage shall be primary and noncontributory.

3.2.4. Professional liability, to include engineering and design services coverage, of no less than $1,000,000 per claim and $2,000,000 aggregate limit.

3.2.4.1.

Certificate of Insurance must indicate if the policy is issued on a claims-made or occurrence basis. If coverage is carried on a claims-made basis, then 1) the retroactive date shall be noted on the Certificate and shall be prior to or the day of the inception of the contract; and 2) evidence of coverage shall be provided for three years beyond expiration of the contract.

3.2.4.2.

Capitol Region Watershed District, its officials, employees, and agents, shall be added to the policy as additional insured; a separation of insureds endorsement shall be provided to the benefit of the District.

3.2.5. Workers' Compensation as required by Minnesota Law. Employer's liability with limits of $500,000/$500,000/$500,000.

3.2.6. An umbrella or excess liability policy over primary liability insurance coverages is an acceptable method to provide the required commercial general liability and employer's liability insurance amounts. If provided to meet coverage requirements, the umbrella or excess liability policy must follow form of underlying coverages and be so noted on the required Certificate(s) of Insurance.

3.2.7. If the Seller is driving on behalf of the District as part of the Seller's services under the Agreement, a minimum of $1,000,000 combined single limit auto liability, including hired, owned, and non-owned.

3.2.8. The Seller waives all rights against Capitol Region Watershed District, its officials, employees, volunteers or agents for recovery of damages to the extent these damages are covered by the general liability, worker's compensation, and employers liability, automobile liability and umbrella liability insurance required of the Seller under this Agreement.

3.2.9. These are minimum insurance requirements. It is the sole responsibility of the Seller to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Copies of policies shall be submitted to the District upon written request.

9

TRADE SECRET PER MINN. STAT. § 13.37 3.2.10. Certificates shall specifically indicate if the policy is written with an admitted or non-admitted carrier. Best's Rating for the insurer shall be noted on the Certificate, and shall not be less than an A-.

3.2.11. The Seller shall not commence work until it has obtained the required insurance and if required by this Agreement, provided an acceptable Certificate of Insurance to the District.

3.2.12. All Certificates of Insurance shall provide that the insurer give the District prior written notice of cancellation or non-renewal of the policy as required by the policy provisions of Minn. Stat. Ch. 60A, as applicable. Further, all Certificates of Insurance to evidence that insurer will provide at least ten (10) days written notice to District for cancellation due to non-payment of premium.

3.2.13. Nothing in the Agreement shall constitute a waiver by the District of any statutory or common law immunities, defenses, limits, or exceptions on liability.

4. Audit Until the expiration of six years after the furnishing of services pursuant to this Agreement, the Seller, upon request, shall make available to the District, the State Auditor, or the District's ultimate funding source, a copy of the Agreement, and the books, documents, records, and accounting procedures and practices of the Seller relating to this Agreement.

5. Notices All notices under this Agreement, and any amendments to this Agreement, shall be in writing and shall be deemed given when delivered by certified mail, return receipt requested, postage prepaid, when delivered via personal service or when received if sent by overnight courier. All notices shall be directed to the Parties at the respective addresses set forth below. If the name and/or address of the representatives changes, notice of such change shall be given to the other Party in accordance with the provisions of this section.

District: Mark Doneux, Capitol Region Watershed District, 1410 Energy Park Drive, Suite 4, St. Paul, MN 55108

Seller: Chris Psihos, Ideal Energies, LLC, 5810 Nicollet Avenue, Minneapolis, MN 55419

6. Non-Conforming Services The acceptance by the District of any non-conforming goods/services under the terms of this Agreement or the foregoing by the District of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of the District’s right to conforming services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies of the District provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.

7. Setoff Notwithstanding any provision of this Agreement to the contrary, the Seller shall not be relieved of liability to the District for damages sustained by the District by virtue of any breach of the contract by the Seller. The District may withhold any payment to the Seller for the purpose of setoff until such time as the exact amount of damages due the District from the Seller is determined.

8. Conflict of Interest The Seller shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Seller warrants that it is not now aware of any facts that create a conflict of interest. If the Seller hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to the District. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this subparagraph shall be deemed a material breach of this Agreement.

10

TRADE SECRET PER MINN. STAT. § 13.37 Facility Lease Agreement 19.980 kW DC SilfabSLG370M, 20.00 kW AC SolarEdge SE20k 480V 3Ph Inverter(s), SolarEdge P800 Power Optimizers & Unirac, Panelclaw (or equivalent) Ballasted Racking @ approximately 10°

Customer / Owner

Capitol Region Watershed District

Installation Location

595 Aldine Street, St. Paul, MN 55104

Xcel Premise #

302211011

Xcel SolarRewards This FACILITY LEASE AGREEMENT (this “Agreement”), dated May 10, 2018, is between Green2 Solar Leasing, LLC, a Minnesota limited liability company, whose principal place of business is located at 5810 Nicollet Avenue, Minneapolis, MN 55419 (“Tenant”), and Capitol Region Watershed District, a political subdivision of the State of Minnesota, whose principal place of business is located at 1410 Energy Park Drive, Suite 4, St. Paul, MN 55108 (“Customer” or “District”). The Tenant and Customer are sometimes also referred to in this Agreement jointly as “Parties”, or individually as a “Party”.

1.

Contingency. THE PARTIES PERFORMANCE UNDER THIS AGREEMENT IS CONTINGENT ON THE FINAL PROJECT COMPLETION (AS DEFINED IN THE PURCHASE AGREEMENT) OCCURRING IN ACCORDANCE WITH THE TERMS OF THE PURCHASE

2.

AGREEMENT.

3.

Energy System and Leased Space. Customer hereby leases to Tenant and Tenant hereby leases from Customer the following: (a) the Energy System and (b) all roof/ground space required for the installation and operation of the Energy System on the Property (“Leased Space”) as generally prescribed on the Plan View drawing included herewith as Schedule A, including rights to place wiring to the point of electrical interconnection. The Energy System and the Leased Space together constitute the leased property (“Leased Property”). The final As-Built Plan View drawing provided by Seller in its Operations Manual is hereby incorporated into Schedule A of this Agreement by reference.

4.

System Payments, Tax Ownership.

RECITALS A.

Customer is the owner or lessee of certain real property located at 595 Aldine Street, St. Paul, MN 55104 (the “Installation Location”) presently used as a Office Space (the “Property”); and

B.

Tenant desires to lease from Customer, and Customer desires and is authorized to lease to Tenant, subject to the terms and conditions of this Agreement, a portion of the Property for the construction, operation and maintenance of a photovoltaic solar electric system (“Energy System”) as defined in that certain Purchase Agreement (the “Purchase Agreement”) between Customer and Ideal Energies, LLC (“Seller”) of even date herewith; and

a.

Installation Cost Payment.

Tenant will pay Customer’s Installation Cost (as defined in the Purchase Agreement) on the Final Project Completion date.

C.

Customer has or will be the legal owner of the Energy System upon purchasing it from Ideal Energies, LLC, and Customer desires to lease the same to Tenant subject to the terms and conditions of this Agreement; and

b.

Transfer of Tax Ownership. The Parties shall treat the Energy System as having been sold to the Tenant for federal tax purposes in consideration of the payments made under Section 3(a) above.

D.

Tenant and Customer will, in connection with this Agreement, enter into a Power Purchase Agreement (the “Power Purchase Agreement”) pursuant to which Tenant will sell power generated by the Energy System to Customer; and

c.

Representation. Tenant represents such treatment does not violate any state or federal rule, regulation, or statute. The provisions of Section 18.a of this Agreement shall apply in the event of a breach of this representation.

E.

For federal tax purposes only, Customer and Tenant will treat this Agreement as a transfer of the ownership of the Energy System from Customer to Tenant; and

F.

Tenant should be eligible to receive a Federal Tax Credit from the U.S. Treasury pursuant to the terms of this Lease equal to 30% of the Energy System’s eligible Installation Cost (“Tax Credit”) for Energy Systems put into service during 2017, 2018 or 2019.

5.

Rebate.

The Rebate, as defined in the Purchase Agreement, including any increase resulting from Seller’s substitution of panel with a greater Rebate, (the “Rebate”) is irrevocably assigned to Tenant as additional consideration and will be treated by Tenant as a fee earned for services. In the event the actual Rebate received is greater or less than the expected Rebate described in the Purchase Agreement‘s Section 9a, there will be no adjustment to the Rebate or the terms of this Agreement, and each Party waives its right to recover any surplus or deficiency from the other Party.

6.

Access to Leased Space. Customer grants to Tenant the right to access the Leased Space via reasonable route or routes over and across the Property upon reasonable prior notice to Customer. Customer will cooperate with Tenant to access the meter or any other part of the Energy System which are not located within the Leased Property.

AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual promises of the Parties hereto and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

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TRADE SECRET PER MINN. STAT. § 13.37 7.

Permitted Use of Leased Space. During the Term (as defined below), Tenant shall exclusively have the right to use the Leased Space for the construction, installation, operation, maintenance, repair, replacement, relocation, reconfiguration, removal, alteration, modification, improvement, use and enjoyment of the Energy System and other necessary and incidental uses for the operation of the Energy System to fulfill Tenant's obligations under the Power Purchase Agreement (the “Permitted Uses”).

Tenant may not erect any other facilities or use any other equipment on the Leased Space that is not expressly permitted under the terms of this Agreement without first obtaining Customer’s written consent, which consent shall not be unreasonably withheld, delayed or conditioned provided the other facilities or equipment are necessary for the operation of the Energy System and are not likely, in Customer's reasonable opinion, to damage the Property or interfere with Customer's business.

8.

Term. The term (the “Term”) of this Agreement shall begin on the date that Final Project Completion occurs and shall expire on the date that is twenty (20) years after Final Project Completion occurs.

9.

Schedule B herewith as a guideline, with strict adherence hereto not expected by the parties. In the case of casualty, Tenant agrees to repair the Energy System to the extent available insurance proceeds are received resulting from such casualty, along with any deductible due under said policies that Customer will pay Tenant in accordance with Section 17.a. Tenant shall repair any damage to the Property, with contractors approved by Customer (such approval not to be unreasonably withheld), that results from the Energy System’s repair, reconfiguration, alteration, modification or replacement. Customer is solely responsible for pursuing any available warranties on System Components against the manufacturer at its own expense, and may look only to such manufacturer, and not to Tenant, for any warranty with respect thereto. Tenant will assist Customer in resolving any warranties relating to System Components on a time and material basis, at rates that are consistent with industry standards. b.

Rent of Leased Space. Beginning on the first anniversary of the Final Project Completion and continuing on each and every anniversary thereof throughout the Term, Tenant shall pay to Customer rent for the Leased Space in the amount of $45.00 per year.

10. Rent of Energy System. Beginning on the first anniversary of the Final Project Completion and continuing on each and every anniversary thereof throughout the Term, Tenant shall pay to Customer rent for the Energy System in the amount of $5.00 per year.

15. Repair of Leased Space During Term. Customer shall have the right at any time to access the Leased Space to inspect, maintain, replace or repair items and components thereof, excluding the Energy System. Customer, at its own cost, and using Seller or another third party approved by Tenant, shall temporarily remove such components of the Energy System as will interfere with Customer’s inspection, maintenance or repair of the roof, and shall replace such components upon completion of their work. Customer shall provide thirty (30) days prior notice to Tenant of any such maintenance or repair work to be done, unless in an emergency, in which case Customer shall give such notice as soon as possible. Customer will reimburse Tenant for any lost Rebate revenue resulting from the Energy System being non-operational during Customer’s repairs.

Reimbursement under this Section is only due where the total cumulative downtime over the Term of the Lease exceeds 30 days.

11. Holdover. If Tenant holds over its tenancy after expiration of the Term, such tenancy shall be month-to-month subject to the terms and conditions of this Agreement. Either Party may terminate such month-to-month tenancy at any time upon the giving to the other Party no less than thirty (30) days written notice.

12. Operating Permits. Tenant shall, at its sole expense, maintain in full force and effect all certificates, permits and other approvals (“Operating Permits”) required by any federal, state or local authorities (“Governmental Authorities”) having jurisdiction over Tenant or the Leased Property.

13. Ownership and Maintenance of Energy System. The Parties agree that legal title to any and all fixtures, equipment, improvements or personal property of whatsoever nature at any time constructed or placed on or affixed to the Leased Space by Tenant, including without limitation the Energy System, shall be and remain with Customer. Tenant shall leave the Energy System at the end of the Term in substantially the same condition as existed on the Final Project Completion date plus any improvements, ordinary wear and tear and casualty damage excepted.

16. Utilities/taxes. Customer shall pay all applicable taxes and assessments levied after Final Project Completion upon the Energy System and other personal property located and/or installed on the Property by Tenant, and Customer’s real property.

17. Interference. a.

14. Energy System Operation and Maintenance. a.

Tenant will Maintain System. Tenant will at its sole cost and expense operate the Energy System and monitor the system’s performance and keep and maintain the Energy System in good condition and repair, utilizing the Maintenance List provided in

Operation and Maintenance Standard of Care.

Tenant will use commercially reasonable efforts to identify, respond to, and complete necessary maintenance and repairs and to operate the Energy System, to maximize the Energy System’s production.

Notwithstanding the foregoing, the Parties understand that delays may be caused by multiple causes including without limitation delay in the identification of operational issues, troubleshooting issues, warranty replacement, warranty procurement, parts availability, parts delivery, crew availability, equipment defects, equipment performance, and similar causes.

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Interference by Tenant. Tenant shall operate the Energy System in a manner that will not unreasonably interfere with any existing operations or equipment located, operated or owned by Customer or any other permitted occupants as of the date of this Agreement (“Existing Operations”). All operations by Tenant

TRADE SECRET PER MINN. STAT. § 13.37 shall be lawful and in material compliance with all regulations and requirements of the Minnesota Public Utilities Commission, as well as any other applicable state, federal or local regulations and requirements (“Legal Requirements”) and any applicable agreements with, or tariffs of, the local utility. b.

($1,000,000.00) per accident. Tenant shall also secure and maintain adequate comprehensive general liability insurance against liability related to the Leased Premises.

Upon request, Tenant will provide Customer with a Certificate of Insurance.

19. Indemnification.

Interference by Customer. Following installation of the Energy System, Customer shall not, and shall not cause or permit any other persons or parties to, install equipment or facilities or construct or allow any construction of a structure or structures (“New Construction”) near the Leased Space if such New Construction will interfere with the Energy System.

Customer shall not move, modify, remove, adjust, alter, change, replace, reconfigure or operate the Energy System, or any part of it, during the term of the Agreement, without prior written direction or approval of Tenant, except if there is an occurrence reasonably deemed by Customer to be a bona fide emergency, in which case Customer will immediately notify Tenant of such emergency and Customer’s proposed actions.

Customer shall be responsible for, and promptly notify Tenant, of any damage to the Energy System caused by the Customer or its employees, invitees or agents, and shall promptly pay Tenant the costs to repair such damage to the Energy System, along with any lost Rebate revenue.

a.

Tenant shall indemnify and hold harmless Customer and its officials, agents, employees, consultants, representatives, agents, and affiliates against any damages, liabilities, losses, costs and expenses, including reasonable attorney fees and costs (collectively, “Damages”) incurred or suffered by any of them in any way arising out of, relating to, or in connection with (i) any breach of this Agreement by Tenant, (ii) breach of any material representation or (iii) the negligence, gross negligence or willful misconduct of Tenant or its employees or agents in connection with the transactions contemplated by this Agreement.

b.

Tenant shall indemnify Customer from any mechanic's, materialman's, or other lien with respect to the Property or the Leased Property to the extent such lien is attributable to Tenant's failure to pay the Installation Cost.

c.

Customer shall indemnify and hold harmless Tenant and its officers, directors, members, consultants, representatives, agents, employees and affiliates against any Damages incurred or suffered by any of them in any way arising out of, relating to, or in connection with (i) any breach of this Agreement by Customer, or (ii) the negligence, gross negligence or willful misconduct of Customer or its employees or agents in connection with the transactions contemplated by this Agreement.

d.

A Party claiming indemnification will give the other Party prompt notice of the relevant claim and will reasonably cooperate with the indemnifying Party, at the indemnifying Party’s expense, in the defense of such claim. The indemnifying Party shall control the defense and settlement of such claim; provided however that the indemnifying Party shall not agree to any settlement that affects the indemnified Party without the prior written consent of the indemnified Party, which approval shall not be unreasonably withheld. The indemnified Party may, at its option and its own expense, participate in the defense of any such claim with legal counsel of its own choice.

18. Insurance. a.

b.

General Liability and Property Insurance. Customer shall keep the Energy System insured against loss by fire, theft, hail and wind and such other hazard as Tenant shall reasonably require with an insurance company acceptable to Tenant in its reasonable discretion, at all times will insure the Energy System at an amount equal to the Installation Cost (defined in the Purchase Agreement) and will provide Tenant with a Certificate of Insurance that names Tenant as an additional insured and loss payee. Customer shall also secure and maintain adequate comprehensive general liability insurance against liability related to the Energy System. Customer shall provide Tenant with evidence of having acquired such insurance coverages prior to the Final Project Completion date and on an annual basis thereafter. The loss, injury or destruction of the Energy System shall not release Customer from payment as provided in this Agreement. Any insurance policies obtained by Customer shall provide that such policy of insurance cannot be terminated or cancelled by the insurer without thirty (30) days prior written notice to Tenant. Customer is responsible for any deductibles due under the insurance policies for casualties and will pay Tenant said deductible along with insurance proceeds received to repair the Energy System, and Tenant’s lost Rebate revenue resulting from the casualty. Customer’s failure or refusal to repair and recommission an Energy System following a loss shall constitute a breach of this Agreement.

20. General.

Workers’ Compensation Insurance and Employers’ Liability Insurance. In accordance with Minnesota state law, Tenant shall maintain in force workers’ compensation insurance for all of its employees.

Tenant shall also maintain employer’s liability coverage in an amount of not less than One Million Dollars

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a.

Subordination to Utility Rebate Agreement. No portion of this Agreement is intended to conflict with any Utility Rebate Agreements (the “Utility Rebate Agreements”) to which Tenant or Customer is a party.

In the case of a conflict between the terms or conditions of this Agreement and the Utility Rebate Agreements, the terms and conditions of Utility Rebate Agreements shall control. The Utility, or its successors and assigns, is a third-party beneficiary of the provision of this paragraph. Nothing in this Agreement shall prevent the Utility, from fully enforcing the terms and conditions of Utility Rebate Agreements.

b.

Relationship of the Parties. The Parties shall for all purposes be considered independent contractors with

TRADE SECRET PER MINN. STAT. § 13.37 respect to each other, and neither shall be considered an employee, employer, agent, principal, partner or joint venturer of the other. c.

Entire Agreement.

This Agreement and the Schedules hereto, together with any agreement reference herein, constitute the entire agreement and understanding of the Parties relative to the subject matter hereof. The Parties have not relied upon any promises, representations, warranties, agreements, covenants or undertakings, other than those expressly set forth or referred to herein. This Agreement replaces and supersedes any and all prior oral or written agreements, representations and discussions relating to such subject matter.

d.

Survival of Representations. All representations, warranties, covenants and agreements of the Parties contained in this Agreement, or in any instrument, certificate, exhibit or other writing provided for in it, shall survive the execution of this Agreement and the consummation of the transactions contemplated herein.

e.

Amendment. This Agreement may be amended or modified only by a writing executed by the Parties to this Agreement. No custom or practice of the Parties at variance with the terms hereof shall have any effect.

f.

g.

h.

i.

j.

void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement.

Notices. All notices to be given under this Agreement shall be in writing and shall be effectively given upon personal delivery, facsimile or email transmission (with confirmation of receipt), delivery by overnight delivery service or three days following deposit in the United States Mail (certified or registered mail, postage prepaid, return receipt requested).

k.

Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

Neither Party shall assign this Agreement, or any portion thereof, without the prior written consent of the other Party. Any attempted assignment or transfer without such prior written consent of the other Party shall be of no force or effect. As to any permitted assignment: (a) reasonable prior notice of any such assignment shall be given to the other Party; and (b) any assignee shall expressly assume the assignor’s obligations hereunder, unless otherwise agreed to by the other Party in writing.

Notwithstanding the foregoing, as may be required for Tenant to avoid being classified as a Public Utility under Minnesota Statutes Chapter 216B.02, Subd. 4., or to leverage tax benefits as tax owner, Tenant may, at its sole discretion, assign and/or sublease all or part of its full interest under this Agreement to Anchor Solar Investments, LLC, which is a controlled affiliate of Tenant.

l.

Quiet Possession. Customer agrees that upon compliance with the terms and conditions of this Agreement, Tenant shall peaceably and quietly have, hold and enjoy the Leased Space for the Term and any extensions thereof.

m. Special Terms and Conditions. Notwithstanding Section 19.c of this Agreement, the Parties hereby incorporate Schedule C, Special Terms & Conditions as part of this Agreement.

No Delay. No delay or failure on the part of any Party hereto to exercise any right, power or privilege hereunder shall operate as a waiver thereof.

The Parties acknowledge they have read this Agreement, understand it and agree to be bound by its terms and conditions as of the date first set forth above.

Force Majeure. Neither Party will be liable to the other Party for any delay, error, failure in performance or interruption of performance resulting from causes beyond its reasonable control, including without limitation fires, flood, accidents, explosions, sabotage, strikes or other labor disturbances, legal acts of public authorities, civil commotion, riots, invasions, wars, acts of God, terrorism or any cause (whether similar or dissimilar to the foregoing) beyond the reasonable control of the Party.

Tenant Green2 Solar Leasing, LLC By: _________________________________ Rich Ragatz, its Vice President Date: ________________________________

Governing Law / Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflicts of laws principals. Any lawsuit brought in connection with this Agreement shall be brought only in a court of general jurisdiction in Ramsey County, Minnesota.

Customer Capitol Region Watershed District By: _________________________________ Mark Doneux, its Administrator Date: _______________________________

Severability. The provisions of this Agreement are severable. If any part of this Agreement is rendered

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TRADE SECRET PER MINN. STAT. § 13.37

SCHEDULE A As-Built Site Plan

Facility Plan View Drawing Indicating the Final Location of the Energy System on the Leased Space and the point of interconnection of the Energy System with the electrical system at the Property

[The above document is provided by Seller, and is included in the Owner’s Manual that is provided to the Customer after Final Project Completion]

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TRADE SECRET PER MINN. STAT. § 13.37

SCHEDULE B Maintenance Items A.

Weekly performance monitoring via online monitoring system to validate performance of panels and inverters, energy production; benchmark performance vs. similar systems for validation

B.

Identify any defective equipment via on-line monitoring system

C.

Semi-annual site audits of system performing the following tasks i. Inspect panels, inverters, and racking for physical damage ii. Clean any debris on or under the solar arrays iii. Ensure labels are intact iv. Check for loose hanging wires, repair as necessary v. Check electrical connections; tighten/torque as necessary vi. Check for corrosion of electrical enclosures, repair as necessary vii.

Ensure roof drainage is adequate, that roof drains are not clogged, and confirm there are no signs of pooling water in the vicinity of the solar array

D.

Management of System Component Warranty Claims

E.

Management of System Monitoring Software i. Provide all products, licenses, documentation, services and training for installation and implementation of the Solar Edge web based solar array monitoring system. ii. Grant the District any renewable, nonexclusive and nontransferable license for the Solar Edge web based solar array monitoring system provided to Ideal Energies, LLC by Solar Edge. iii. Maintenance, support and updates to software and firmware for the Solar Edge web based solar array monitoring system will be provided by Solar Edge (“Manufacturer”) and managed

by Green2 Solar Leasing, LLC as licensee of Solar Edge. Green2 Solar Leasing, LLC will, based on Manufacturer’s recommendations and requirements, provide the latest updates to address the most recent security threats and industry trends and ensure that these updates take place in a timely manner. iv. Notify the District after any software or firmware maintenance and updates have been performed. v. Warrant that all services provided by Green2 Solar Leasing, LLC will be performed in a professional manner, consistent with industry standards and free from material defects. vi. In connection with the expiration or termination of this agreement, for any reason, and notwithstanding any dispute between the parties, will provide transition services for a period of six (6) months as the District requires to transfer data or services to the District or to another contractor. The District agrees to reimburse Tenant on a time and material basis, at rates that are consistent with industry standard for such transition service

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TRADE SECRET PER MINN. STAT. ยง 13.37

SCHEDULE C Special Terms & Conditions

1. Compliance With Legal Requirements 1.1. The Tenant shall comply with all applicable federal, state and local laws and the rules and regulations of any regulatory body acting thereunder and all licenses, certifications and other requirements necessary for the execution and completion of the contract.

2. Data Practices 2.1. All data collected, created, received, maintained or disseminated for any purpose in the course of the Tenant's performance under this Agreement is subject to the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statutes, any state rules adopted to implement the Act and statutes, as well as federal statutes and regulations on data privacy.

2.2. The District acknowledges that Tenant has asserted that the structure of this transaction constitutes Trade Secret Information, as defined by Minn. Stat. ยง 13.37, Subd. 1(b). In the event that the District receives a Minnesota Government Data Practice request for the documents related to this Agreement, the District will contact Tenant prior to any disclosure so that Tenant may fully assert its rights under Minn. Stat. ยง 13.37.

2.3. The Tenant designates Chris Psihos as its Responsible Designee, pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.02 Subdivision 06, as the individual responsible for any set of data collected to be maintained by Tenant in the execution of this Agreement.

2.4. The Tenant shall take all reasonable measures to secure the computers or any other storage devices in which District data is contained or which are used to access District data in the course of providing services under this Agreement. Access to District data shall be limited to those persons with a need to know for the provision of services by the Tenant. Except where client services or construction are provided, at the end of the Project all District data will be purged from the Tenant's computers and storage devices used for the Project and the Tenant shall give the District written verification that the data has been purged.

3. Security 3.1. All District data and intellectual property stored in the Tenant's system is the exclusive property of the District.

3.2. Tenant's Insurance 3.2.1. The Tenant shall purchase and maintain such insurance as will protect the Tenant from claims which may arise out of, or result from, the Tenant's operations under this Agreement, whether such operations are by the Tenant or by any subcontractor, or by anyone directly employed by them, or by anyone for whose acts or omissions anyone of them may be liable.

3.2.2. -o Throughout the term of this Agreement, the Tenant shall secure the following coverages and comply with all provisions noted. Certificates of Insurance shall be issued to the District contracting department evidencing such coverage to the District throughout the term of this Agreement.

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TRADE SECRET PER MINN. STAT. § 13.37 3.2.3. Commercial general liability of no less than $500,000 per claim, $1,500,000 per occurrence, $2,000,000 general aggregate, $2,000,000 products/completed operations total limit, $1,500,000 personal injury and advertising liability, and follow form umbrella coverage of no less than $5,000,000.

3.2.3.1.

All policies shall be written on an occurrence basis using ISO form CG 00 01 or its equivalent. Coverage shall include contractual liability and XCU. Tenant will be required to provide proof of completed operations coverage for 3 years after substantial completion.

3.2.3.2.

The Tenant is required to add the Capitol Region Watershed District, its officials, employees, volunteers and agents as Additional Insured to the Tenant's Commercial General Liability, Auto Liability, Pollution and Umbrella policies with respect to liabilities caused in whole or part by Tenant's acts or omissions, or the acts or omissions of those acting on Tenant's behalf in the performance of the ongoing operations, services and completed operations of the Tenant under this Agreement. The coverage shall be primary and noncontributory, and Tenant’s insurer shall waive subrogation rights.

3.2.4. Workers' Compensation as required by Minnesota Law. Employer's liability with limits of $500,000/$500,000/$500,000.

3.2.5. An umbrella or excess liability policy over primary liability insurance coverages is an acceptable method to provide the required commercial general liability and employer's liability insurance amounts. If provided to meet coverage requirements, the umbrella or excess liability policy must follow form of underlying coverages and be so noted on the required Certificate(s) of Insurance.

3.2.6. If the Tenant is driving on behalf of the District as part of the Tenant's services under the Agreement, a minimum of $1,000,000 combined single limit auto liability, including hired, owned, and non-owned.

3.2.7. The Tenant waives all rights against the Capitol Region Watershed District, its officials, employees, volunteers or agents for recovery of damages to the extent these damages are covered by the general liability, worker's compensation, and employers liability, automobile liability and umbrella liability insurance required of the Tenant under this Agreement.

3.2.8. These are minimum insurance requirements. It is the sole responsibility of the Tenant to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Copies of policies shall be submitted to the District upon written request.

3.2.9. Certificates shall specifically indicate if the policy is written with an admitted or non-admitted carrier. Best's Rating for the insurer shall be noted on the Certificate, and shall not be less than an A-.

3.2.10. The Tenant shall not commence work until it has obtained the required insurance and if required by this Agreement, provided an acceptable Certificate of Insurance to the District.

3.2.11. All Certificates of Insurance shall provide that the insurer gives the District prior written notice of cancellation or non-renewal of the policy as required by the policy provisions of Minn. Stat. Ch. 60A, as applicable. Further, all Certificates of Insurance to evidence that insurer will provide at least ten (10) days written notice to District for cancellation due to non-payment of premium.

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TRADE SECRET PER MINN. STAT. § 13.37 3.2.12. Nothing in the Agreement shall constitute a waiver by the District of any statutory or common law immunities, defenses, limits, or exceptions on liability.

4. Audit Until the expiration of six years after the furnishing of services pursuant to this Agreement, the Tenant, upon request, shall make available to the District, the State Auditor, or the District’s ultimate funding source, a copy of the Agreement, and the books, documents, records, and accounting procedures and practices of the Tenant relating to this Agreement.

5. Notices All notices under this Agreement, and any amendments to this Agreement, shall be in writing and shall be deemed given when delivered by certified mail, return receipt requested, postage prepaid, when delivered via personal service or when received if sent by overnight courier. All notices shall be directed to the Parties at the respective addresses set forth below. If the name and/or address of the representative changes, notice of such change shall be given to the other Party in accordance with the provisions of this section.

District: Mark Doneux, Capitol Region Watershed District, 1410 Energy Park Drive, Suite 4, St. Paul, MN 55108

Tenant: Rich Ragatz, Green2 Solar Leasing, LLC, 5810 Nicollet Avenue, Minneapolis, MN 55419

6. Non-Conforming Services The acceptance by the District of any non-conforming goods/services under the terms of this Agreement or the foregoing by the District of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of the District’s right to conforming services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies of the District provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.

7. Setoff Notwithstanding any provision of this Agreement to the contrary, the Tenant shall not be relieved of liability to the District for damages sustained by the District by virtue of any breach of the contract by the Tenant. The District may withhold any payment to the Tenant for the purpose of setoff until such time as the exact amount of damages due the District from the Tenant is determined.

8. Conflict of Interest The Tenant shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Tenant warrants that it is not now aware of any facts that create a conflict of interest. If the Tenant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to the District. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this subparagraph shall be deemed a material breach of this Agreement.

9

TRADE SECRET PER MINN. STAT. § 13.37 Power Purchase Agreement

Customer / Owner

Capitol Region Watershed District

19.980 kW DC SilfabSLG370M, 20.00 kW AC SolarEdge SE20k 480V 3Ph Inverter(s), SolarEdge P800 Power Optimizers & Unirac, Panelclaw (or equivalent) Ballasted Racking @ approximately 10°

Installation Location

595 Aldine Street, St. Paul, MN 55104

Xcel Premise #

302211011

Xcel SolarRewards This POWER PURCHASE AGREEMENT (this “Agreement”), dated May 10, 2018,, is between Green2 Solar Leasing, LLC a Minnesota limited liability company, whose principal place of business is located at 5810 Nicollet Avenue, Minneapolis, MN 55419 (“Tenant”), and Capitol Region Watershed District, a political subdivision of the State of Minnesota, whose principal place of business is located at 1410 Energy Park Drive, Suite 4, St. Paul, MN 55108 (“Customer” or “District”). Tenant and Customer are sometimes also referred to in this Agreement jointly as “Parties”, or individually as a “Party”.

AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual promises of the Parties hereto and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the Parties agree as follows: 1.

Contingency.

THE PARTIES PERFORMANCE UNDER THIS AGREEMENT IS CONTINGENT ON THE FINAL PROJECT COMPLETION (AS DEFINED IN THE PURCHASE AGREEMENT) OCCURRING IN ACCORDANCE WITH THE TERMS OF THE PURCHASE AGREEMENT.

2.

Power Purchase. Tenant shall deliver all power generated from the Energy System to Customer at the point of interconnection shown on Schedule A to the Lease. Customer will pay Tenant for all the power generated from the Energy System and delivered to the interconnection point by making the payments specified in Schedule A (the “Power Payments”). The Power Payments are due monthly beginning on the first day of the first month following the Final Project Completion date and continuing each month until expiration of the Term (as defined below) of this Agreement. Power payments do not include any sales tax. Sales tax will be added to the Power Payments based on Customer’s applicable sales tax rate.

Customer will either mail or wire payments to Tenant as provided below.

RECITALS A.

Tenant leases, operates and maintains Customer’s photovoltaic solar electric system (the “Energy System”) (as located at the Installation Location (the “Installation Location”) described above as defined in that certain Purchase Agreement (the “Purchase Agreement”) between Customer and Ideal Energies, LLC of even date herewith) pursuant to a Facility Lease Agreement (the “Lease”) between the Parties of even date herewith; and

B.

Tenant desires to sell renewable electric power inclusive of all rights to its available environmental attributes to Customer, and Customer desires to purchase from Tenant all such electricity which is produced by the Energy System; and

C.

Tenant or its affiliate has, or will, apply for the “Rebate” (as defined in the Purchase Agreement)) on behalf of Customer. After award of the Rebate and before Final Project Completion (as defined in the Purchase Agreement), Customer will enter into an agreement (“Utility Agreement”) with the local utility (“Utility”), pursuant to which Customer will assign all renewable energy credits (“RECs”) for electricity produced by the Energy System during the term of the Rebate to the Utility in exchange for the Rebate; and

D.

Customer should be eligible to participate in the Utility’s Net Metering Program. Under this program, the energy generated from the Energy System is available for use and reduces the total amount of energy that needs to be purchased from the Utility. Under this program, for months where the Energy System produces more kWh than the site consumes, the Utility will compensate Customer at the applicable rate; and

E.

Pursuant to the Lease, Tenant should be eligible to receive a Federal Tax Credit from the U.S. Treasury equal to 30% of the Energy System’s eligible Installation Cost (“Tax Credit”) for Energy Systems put into service during 2018 or 2019.

Mail Green2 Solar Leasing, LLC 5810 Nicollet Avenue Minneapolis MN 55419

1

3.

Ownership of Renewable Energy Credits.

Customer will convey to the Utility pursuant to the Utility Agreement, all RECs generated by the Energy System for the term specified in the Utility Agreement. For purposes of this Agreement, RECs include all attributes of an environmental or other nature that are created or otherwise arise from the Energy System, including without limitation tags, certificates or similar projects or rights associated with solar energy as a “green” or “renewable” electric generation resource.

RECs shall also include any other environmental attribute intended to be transferred to the Utility under the Utility Agreement.

4.

Term. The term (the “Term”) of this Agreement shall begin on the date that Final Project Completion occurs, and shall expire on the date that is twenty (20) years after Final Project Completion occurs.

5.

Grant of Security Interest. In order to secure the payment and performance of all of Customer’s liabilities, obligations and covenants under this

TRADE SECRET PER MINN. STAT. § 13.37 System available to Tenant at a place or places acceptable to Tenant and Tenant shall have the right to take possession of the Energy System without legal process for which purpose Tenant may enter any premises where the Energy System may be found without legal process and without breaching the peace, provided that in such case the fair market value of the Energy System shall offset any amounts due under this Agreement;

Agreement or the Lease, Customer hereby grants to Tenant a security interest in all Rebates and the Energy System, together with all attachments, accessories or replacement parts and labor placed upon the Energy System, and proceeds thereof. Upon the request of Tenant, Customer shall promptly obtain a subordination agreement in favor of Tenant from any third-party lienholder who may have a lien in the Energy System. Customer irrevocably assigns the right to receive Rebates to Tenant and Tenant may exercise this right upon default of Customer. Tenant's security interest and other rights under this Section 8 shall be extinguished upon the later of termination of this Agreement and the Lease and performance of all of Customer's obligations hereunder and thereunder, and Tenant shall execute and file any evidence of such extinguishment reasonably requested by Customer.

6.

Insurance. Customer shall keep the Energy System insured against loss by fire, theft, hail and wind and such other hazards as required by the Lease.

7.

Events of Default. Each of the following shall constitute an event of default (“Event of Default”):

a.

Customer shall fail to make any undisputed payment to Tenant when due hereunder, Tenant has notified the Customer of such failure, and the failure has continued without cure by Customer or written waiver

by Tenant for a period of thirty (30) days after the notice of failure;

b.

Customer shall breach any representation, warranty or covenant contained in this Agreement in any material respect, Tenant has notified Customer of the breach, and the breach has continued without cure by Customer or written waiver by Tenant for a period of thirty (30) days after the notice of breach;

c.

Customer shall cease to do business, become insolvent, make an assignment for the benefit of creditors or file any petition under bankruptcy, reorganization, insolvency or moratorium law, or any other law for the relief of debtors;

d.

Any involuntary petition shall be filed under any bankruptcy statute against Customer or any receiver, trustee, or similar official shall be appointed to take possession of the properties of Customer unless such petition or appointment ceases to be in effect within 30 days of such filing or appointment; or

e.

The Customer fails to comply with any of its obligations under any of Customer’s agreements with the Utility.

8.

Remedies.

a.

If an Event of Default shall occur, Tenant may, at its option, exercise any one or more of the following remedies: i.

Declare all amounts due or to become due under this Agreement immediately due and payable;

ii.

Recover any additional damages and expenses sustained by Tenant by reason the Event of Default;

iii.

Enforce the security interest granted hereunder, in which event Customer agrees to make the Energy

iv.

Retain all payments made by Customer as liquidated damages for the non-performance of this Agreement, for use of the Energy System and for depreciation thereof; and

v.

Exercise any other remedies available under law, including those under Article 9 of the UCC.

b.

In the event the Energy System is sold, foreclosed on, or repossessed in the manner provided herein or by law and the fair market value of the Energy System is not sufficient to pay the amount due under this Agreement, Customer agrees to pay immediately to Tenant such deficiency. In the event the Energy System is sold, foreclosed on, or repossessed in the manner provided herein or by law and the fair market value of the Energy System exceeds the amount that Customer is required to pay Tenant under this Agreement, Tenant agrees to pay immediately to Customer such excess.

c.

The remedies provided herein shall be cumulative and may be exercised singularly, concurrently or successively with and in addition to all other remedies in law or equity. If either Party fails to perform any of its obligations under this Agreement, the other Party may (but need not) at any time thereafter perform such obligation, and the expenses incurred in connection therewith shall be payable in full by the nonperforming Party upon demand. In addition, the nonperforming Party agrees to pay the other Party's reasonable attorney’s fees and costs of collection in pursuing any remedies.

9. Annual Energy Production Not Guaranteed.

THE PARTIES UNDERSTAND AND AGREE THE ANNUAL ENERGY PRODUCTION FROM THE ENERGY SYSTEM MAY VARY FROM ANNUAL PROJECTIONS FOR REASONS BEYOND THE PARTIES CONTROL INCLUDING WITHOUT LIMITATION SEASON WEATHER VARIATIONS, ROUTINE AND NONROUTINE MAINTENANCE CAUSING DOWNTIME, EQUIPMENT PERFORMANCE, PROCESSING ANY EQUIPMENT WARRANTIES FOR MALFUNCTIONING EQUIPMENT, FORCED MAJEURE, ETC. THE PARTIES UNDERSTAND THAT THE REBATES AND UTILITY BILL CREDITS ARE PAID PROPORTIONALLY WITH ENERGY SYSTEM ENERGY PRODUCTION, AND THAT THE ACTUAL AMOUNTS RECEIVED BY CUSTOMER WILL VARY ACCORDINGLY. TENANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, THAT PRODUCTION

2

TRADE SECRET PER MINN. STAT. § 13.37 consummation of the transactions contemplated herein.

WILL MATCH PROJECTIONS, AND CUSTOMER AND TENANT ASSUME, AT THEIR SOLE RISK, THE VARIABILITY OF ANNUAL ENERGY PRODUCTION AND VARIATIONS FROM ANY FINANCIAL PROJECTIONS RELATING TO UTILITY BILL CREDITS AND REBATES.

e.

Amendment. This Agreement may be amended or modified only by a writing executed by the Parties to this Agreement. No custom or practice of the Parties at variance with the terms hereof shall have any affect.

f.

Notices. All notices to be given under this Agreement shall be in writing and shall be effectively given upon personal delivery, facsimile or email transmission (with confirmation of receipt), delivery by overnight delivery service or three days following deposit in the United States Mail (certified or registered mail, postage prepaid, return receipt requested).

g.

No Delay. No delay or failure on the part of any Party hereto to exercise any right, power or privilege hereunder shall operate as a waiver thereof.

h.

Force Majeure. Neither Party will be liable to the other Party for any delay, error, failure in performance or interruption of performance resulting from causes beyond its reasonable control, including without limitation fires, flood, accidents, explosions, sabotage, strikes or other labor disturbances, legal acts of public authorities, civil commotion, riots, invasions, wars, acts of God or any cause (whether similar or dissimilar to the foregoing) beyond the reasonable control of the Party.

i.

Governing Law / Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflicts of laws principals. Any lawsuit brought in connection with this Agreement shall be brought only in a court of general jurisdiction in Ramsey County, Minnesota.

j.

Severability. The provisions of this Agreement are severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement.

k.

Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

Neither Party shall assign this Agreement, or any portion thereof, without the prior written consent of the other Party. Any attempted assignment or transfer without such prior written consent of the other Party shall be of no force or effect. As to any permitted assignment: (a) reasonable prior notice of any such assignment shall be given to the other Party; and (b) any assignee shall expressly assume the assignor’s obligations hereunder, unless otherwise agreed to by the other Party in writing.

Notwithstanding the foregoing, as may be required for Tenant to avoid being classified as a Public Utility under Minnesota Statutes Chapter 216B.02, Subd. 4., or to leverage tax benefits as tax owner, Tenant may, at its sole discretion, assign and/or sublease all or part of its full interest under this Agreement to Anchor Solar Investments, LLC, a controlled affiliate of Tenant.

l.

Time is of the Essence. Time is of the essence with respect to all of the terms of this Agreement.

10. Customer’s Maximum Payment Obligation.

Customer’s maximum payment obligation to Tenant under this Agreement is the sum of all the Power Purchase Payments listed in Schedule A. 11. Power Production Adjustment. In any 12-month

period beginning with the Final Project Completion Date that the solar array does not produce at least 1000 kWh per KW DC, Tenant will reimburse Customer within 60 days after the then applicable twelve-month period as follows: Total payments made over the then applicable 12-month period * (1 - (actual kWh/kWDC / 1000 kWh/kWDC)). For Example, a 40 kWDC Solar array produces 900 kWh/kWDC and power payments equaling $3000 are paid during the then applicable 12-month period. A $300 cash reimbursement will be paid to the Customer that is calculated as follows: $3000 * (1-900/1000) = $300.

12. Miscellaneous. a.

Subordination to Utility Rebate Agreement. No portion of this Agreement is intended to conflict with any Utility Rebate Agreements (the “Utility Rebate Agreements”) to which Tenant or Customer is a party.

In the case of a conflict between the terms or conditions of this Agreement and the Utility Rebate Agreements, the terms and conditions of Utility Rebate Agreements shall control. The Utility, or its successors and assigns, is a third-party beneficiary of the provision of this paragraph. Nothing in this Agreement shall prevent the Utility, from fully enforcing the terms and conditions of Utility Rebate Agreements.

b.

Relationship of the Parties. The Parties shall for all purposes be considered independent contractors with respect to each other, and neither shall be considered an employee, employer, agent, principal, partner or joint venturer of the other.

c.

Entire Agreement.

This Agreement and the Schedules hereto, together with any agreement reference herein, constitute the entire agreement and understanding of the Parties relative to the subject matter hereof. The Parties have not relied upon any promises, representations, warranties, agreements, covenants or undertakings, other than those expressly set forth or referred to herein. This Agreement replaces and supersedes any and all prior oral or written agreements, representations and discussions relating to such subject matter.

d.

Survival of Representations. All representations, warranties, covenants and agreements of the Parties contained in this Agreement, or in any instrument, certificate, exhibit or other writing provided for in it, shall survive the execution of this Agreement and the

3

TRADE SECRET PER MINN. STAT. ยง 13.37 m. Special Terms and Conditions. Notwithstanding Section 10.c of this Agreement, the Parties hereby incorporate Schedule B, Special Terms & Conditions as part of this Agreement.

The Parties acknowledge they have read this Agreement, understand it and agree to be bound by its terms and conditions as of the date first set forth above.

Tenant Green2 Solar Leasing, LLC By: _______________________________ Rich Ragatz, its Vice President Dated: _______________________ Customer Capitol Region Watershed District By: Mark Doneux, its Administrator Date: ________________________________

4

TRADE SECRET PER MINN. STAT. § 13.37

SCHEDULE A Power Purchase Payment Schedule 19.980 kW DC SilfabSLG370M, 20.00 kW AC SolarEdge SE20k 480V 3Ph Inverter Inverters, SolarEdge P800 Power Optimizers & Unirac, Panelclaw (or equivalent) Ballasted Racking @ approximately 10°

Xcel SolarRewards

Year

Green2 Solar Leasing, LLC Utility Bill Expense Facility Lease Runs Full Term

Put or Call Is Exercised

(Power Purchase Expense)

(Power Purchase Expense)

($/year)

($/year)

($/month)

($/month)

1 2 3 4

$ $ $ $

1958.40 1985.16 2064.12 2146.20

$ $ $ $

163.20 165.43 172.01 178.85

$ $ $ $

1958.40 1985.16 2064.12 2146.20

$ $ $ $

163.20 165.43 172.01 178.85

5 6 7 8 9 10

$ $ $ $ $ $

2231.52 2320.32 2412.60 2508.48 2608.32 2712.00

$ $ $ $ $ $

185.96 193.36 201.05 209.04 217.36 226.00

$ $ $ $ $ $

2231.52 2320.32 2412.60 2508.48 2608.32 2712.00

$ $ $ $ $ $

185.96 193.36 201.05 209.04 217.36 226.00

11 12 13 14 15 16

$ $ $ $ $ $

2819.88 2932.08 3048.72 1380.00 1380.00 1380.00

$ $ $ $ $ $

234.99 244.34 254.06 115.00 115.00 115.00

$ $ $ $ $ $

2819.88 2932.08 3048.72

$ $ $ $ $ $

234.99 244.34 254.06

17 18 19 20 21 22

$ $ $ $ $ $

1380.00 1380.00 1380.00 1380.00

$ $ $ $ $ $

115.00 115.00 115.00 115.00

$ $ $ $ $ $

$ $ $ $ $ $

23 24 25

$ $ $

$ $ $

$ $ $

Total

$

$ $ $

41407.80

$ 5

31747.80

TRADE SECRET PER MINN. STAT. ยง 13.37

SCHEDULE B Special Terms & Conditions

1. Application for Payments 1.1.

Each application for payment shall contain the order/contract number, an itemized list of goods or services furnished and dates of services provided, cost per item or service, and total invoice amount.

1.2. Payment shall be made within thirty-five (35) calendar days after the date of receipt of a detailed invoice and verification of the charges.

1.3. Payment of interest and disputes regarding payment shall be governed by the provisions of Minnesota Statutes ยง471.425.

2. Compliance with Legal Requirements 2.1. The Tenant shall comply with all applicable federal, state and local laws and the rules and regulations of any regulatory body acting thereunder and all licenses, certifications and other requirements necessary for the execution and completion of the contract.

3. Data Practices 3.1. All data collected, created, received, maintained or disseminated for any purpose in the course of the Tenant's performance under this Agreement is subject to the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statutes, any state rules adopted to implement the Act and statutes, as well as federal statutes and regulations on data privacy.

3.2. The District acknowledges that Tenant has asserted that the structure of this transaction constitutes Trade Secret Information, as defined by Minn. Stat. ยง 13.37, Subd. 1(b). In the event that the District receives a Minnesota Government Data Practice request for the documents related to this Agreement, the District will contact Tenant prior to any disclosure so that Tenant may fully assert its rights under Minn. Stat. ยง 13.37.

3.3. The Tenant designates Chris Psihos as its Responsible Designee, pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.02 Subdivision 06, as the individual responsible for any set of data collected to be maintained by Tenant in the execution of this Agreement.

3.4. The Tenant shall take all reasonable measures to secure the computers or any other storage devices in which District data is contained or which are used to access District data in the course of providing services under this Agreement. Access to District data shall be limited to those persons with a need to know for the provision of services by the Tenant. Except where client services or construction are provided, at the end of the Project all District data will be purged from the Tenant's computers and storage devices used for the Project and the Tenant shall give the District written verification that the data has been purged.

4. Security 4.1. All District data and intellectual property stored in the Tenant's system is the exclusive property of the District.

6

TRADE SECRET PER MINN. STAT. § 13.37 4.2. Tenant's Insurance 4.2.1. The Tenant shall purchase and maintain such insurance as will protect the Tenant from claims which may arise out of, or result from, the Tenant's operations under this Agreement, whether such operations are by the Tenant or by any subcontractor, or by anyone directly employed by them, or by anyone for whose acts or omissions anyone of them may be liable.

4.2.2. -o Throughout the term of this Agreement, the Tenant shall secure the following coverages and comply with all provisions noted. Certificates of Insurance shall be issued to the County contracting department evidencing such coverage to the District throughout the term of this Agreement.

4.2.3. Commercial general liability of no less than $500,000 per claim, $1,500,000 per occurrence, $2,000,000 general aggregate, $2,000,000 products/completed operations total limit, $1,500,000 personal injury and advertising liability, and follow form umbrella coverage of no less than $5,000,000.

4.2.3.1.

All policies shall be written on an occurrence basis using ISO form CG 00 01 or its equivalent. Coverage shall include contractual liability and XCU. Tenant will be required to provide proof of completed operations coverage for 3 years after substantial completion.

4.2.3.2.

The Tenant is required to add Capitol Region Watershed District, its officials, employees, volunteers and agents as Additional Insured to the Tenant's Commercial General Liability, Auto Liability, Pollution and Umbrella policies with respect to liabilities caused in whole or part by Tenant's acts or omissions, or the acts or omissions of those acting on Tenant's behalf in the performance of the ongoing operations, services and completed operations of the Tenant under this Agreement. The coverage shall be primary and noncontributory, and Tenant’s insurer shall waive subrogation rights.

4.2.4. Workers' Compensation as required by Minnesota Law. Employer's liability with limits of $500,000/$500,000/$500,000.

4.2.5. An umbrella or excess liability policy over primary liability insurance coverages is an acceptable method to provide the required commercial general liability and employer's liability insurance amounts. If provided to meet coverage requirements, the umbrella or excess liability policy must follow form of underlying coverages and be so noted on the required Certificate(s) of Insurance.

4.2.6. If the Tenant is driving on behalf of the District as part of the Tenant's services under the Agreement, a minimum of $1,000,000 combined single limit auto liability, including hired, owned, and non-owned.

4.2.7. The Tenant waives all rights against Capitol Region Watershed District, its officials, employees, volunteers or agents for recovery of damages to the extent these damages are covered by the general liability, worker's compensation, and employer’s liability, automobile liability and umbrella liability insurance required of the Tenant under this Agreement.

4.2.8. These are minimum insurance requirements. It is the sole responsibility of the Tenant to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Copies of policies shall be submitted to the District upon written request.

7

TRADE SECRET PER MINN. STAT. § 13.37 4.2.9. Certificates shall specifically indicate if the policy is written with an admitted or non-admitted carrier. Best's Rating for the insurer shall be noted on the Certificate, and shall not be less than an A-.

4.2.10. The Tenant shall not commence work until it has obtained the required insurance and if required by this Agreement, provided an acceptable Certificate of Insurance to the District.

4.2.11. All Certificates of Insurance shall provide that the insurer gives the District prior written notice of cancellation or non-renewal of the policy as required by the policy provisions of Minn. Stat. Ch. 60A, as applicable. Further, all Certificates of Insurance to evidence that insurer will provide at least ten (10) days written notice to District for cancellation due to non-payment of premium.

4.2.12. Nothing in the Agreement shall constitute a waiver by the District of any statutory or common law immunities, defenses, limits, or exceptions on liability.

5. Audit Until the expiration of six years after the furnishing of services pursuant to this Agreement, the Tenant, upon request, shall make available to the District, the State Auditor, or the District’s ultimate funding source, a copy of the Agreement, and the books, documents, records, and accounting procedures and practices of the Tenant relating to this Agreement.

6. Notices All notices under this Agreement, and any amendments to this Agreement, shall be in writing and shall be deemed given when delivered by certified mail, return receipt requested, postage prepaid, when delivered via personal service or when received if sent by overnight courier. All notices shall be directed to the Parties at the respective addresses set forth below. If the name and/or address of the representatives change, notice of such change shall be given to the other Party in accordance with the provisions of this section.

District: Mark Doneux, Capitol Region Watershed District, 1410 Energy Park Drive, Suite 4, St. Paul, MN 55108

Tenant: Rich Ragatz, Green2 Solar Leasing, LLC, 5810 Nicollet Avenue, Minneapolis, MN 55419

7. Non-Conforming Services The acceptance by the District of any non-conforming goods/services under the terms of this Agreement or the foregoing by the District of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of the District’s right to conforming services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies of the District provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.

8. Setoff Notwithstanding any provision of this Agreement to the contrary, the Tenant shall not be relieved of liability to the District for damages sustained by the District by virtue of any breach of the contract by the Tenant. The District may withhold any payment to the Tenant for the purpose of setoff until such time as the exact amount of damages due the District from the Tenant is determined.

9. Conflict of Interest The Tenant shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Tenant warrants that it is not now aware of any facts that create a conflict of interest. If the Tenant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to the District. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this subparagraph shall be deemed a material breach of this Agreement.

8

TRADE SECRET PER MINN. STAT. § 13.37

Put and Call Agreement

Customer / Owner

Capitol Region Watershed District

Installation Location

595 Aldine Street, St. Paul, MN 55104

Xcel Premise #

302211011

19.980 kW DC SilfabSLG370M, 20.00 kW AC SolarEdge SE20k 480V 3Ph Inverter(s), SolarEdge P800 Power Optimizers & Unirac, Panelclaw (or equivalent) Ballasted Racking @ approximately 10° Xcel SolarRewards This PUT AND CALL AGREEMENT (this “Agreement”), dated May 10, 2018 is between Green2 Solar Leasing, LLC, a Minnesota limited liability company, whose principal place of business is located at 5810 Nicollet Avenue, Minneapolis, MN 55419 (“Tenant”), and Capitol Region Watershed District, a political subdivision of the State of Minnesota, whose principal place of business is located at 1410 Energy Park Drive, Suite 4, St. Paul, MN 55108 (“Customer” or “District”). Tenant and Customer are sometimes also referred to in this Agreement jointly as “Parties”, or individually as a “Party”.

purchase, all of the Interests owned by Tenant. The purchase price for the Interest shall be $1.00 (the “Put Price”). The date of the Put closing will be thirty (30) days following the notice of exercise of the Put, or such earlier date as the Parties may agree in writing (the “Put Closing Date”). The Put Price shall be paid by Customer to Tenant in cash on the Put Closing Date. Each Party shall remain liable for any obligations arising under the Lease prior to the Put Closing Date.

3.

Call of Tenant’s Interest. For a period of one (1) year beginning the day following the last day of the Put Period (the “Call Period”), Customer shall have the right and option to purchase all, but not less than all, of Tenant’s Interest (the “Call”). Customer may exercise the Call by delivering notice of exercise of such option to Tenant during the Call Period. If exercised, Customer shall be obligated to purchase, and Tenant shall be obligated to sell, all of the Interest owned by Tenant. The purchase price for the Interest pursuant to the Call shall be an amount equal to the fair market value (the “Fair Market Value Price”) of such Interest and the Energy System as agreed by the Parties and if no agreement is possible, then by an independent qualified appraiser selected by the Customer and the cost of which is paid for by the Tenant (the “Call Price”). The Parties agree that a reasonable method of establishing the Fair Market Value Price is to use a discounted cash flow of Tenant’s power purchase income less expenses remaining under the Power Purchase Agreement and Lease as of the Call Date. As of the date hereof, the Parties believe that a discount rate of 15% is reasonable. The date of the Call closing shall be thirty (30) days following delivery of the notice of exercise of the Call, or such earlier date as the Parties may agree in writing (the “Call Closing Date”). The Call Price shall be paid by Customer to Tenant in cash on the Call Closing Date. Each Party shall remain liable for any obligations arising under the Lease prior to the Call Closing Date.

4.

Obligations following exercise of Put or Call.

RECITALS A.

Customer is the purchaser of a photovoltaic solar electric system (the “Energy System”) located at the Installation Location described above (the “Installation Location”) (and as defined in the Purchase Agreement between Customer and Ideal Energies, LLC (“Seller”) of even date herewith (the “Purchase Agreement”)); and

B.

Tenant is the lessee of the Energy System and associated rights under the Facility Lease Agreement with Customer (the “Lease”) of even date herewith, and Tenant sells the Energy System generated from the Energy System pursuant to a Power Purchase Agreement with Customer (the “Power Purchase Agreement”) of even date herewith (Tenant's interests in the Lease and Power Purchase Agreement is referred to herein as the “Interest”); and

C.

The Parties hereto now desire to enter into this Agreement to set forth the terms and conditions upon which Tenant has an option to put its Interest to the Customer and upon which Customer has an option to call Tenant’s Interest from Tenant.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual promises of the Parties hereto and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the Parties hereby agree as follows: 1.

Contingency. THE PARTIES PERFORMANCE UNDER THIS AGREEMENT IS CONTINGENT ON THE FINAL PROJECT COMPLETION (AS DEFINED IN THE PURCHASE AGREEMENT) OCCURRING IN ACCORDANCE WITH THE TERMS OF THE PURCHASE AGREEMENT.

2.

Put of Tenant’s Interest. Commencing on the thirteen (13) year anniversary of the Final Project Completion Date, and for a period of six (6) months thereafter (the “Put Period”), Tenant shall have the right and option to require Customer to purchase all, but not less than all, of Tenant’s Interest (the “Put”). Tenant may exercise the Put by delivering notice of exercise of such option in writing to Customer during the Put Period. If exercised, Tenant shall be obligated to sell, and Customer shall be obligated to

5.

a.

Tenant. After the transfer and assignment of the Interest pursuant to the Put or Call, Tenant shall have no further obligations in connection with the Interest.

b.

Customer. After the transfer and assignment of the Interest pursuant to the Put or Call, Customer shall make, if not already paid, the Power Payments described in Schedule A of the Power Purchase Agreement between the Parties of even date herewith beginning with the month after Project Completion through and including the month of the Put or Call Closing date. Customer is not obligated to pay Tenant any Power Purchase Payments after the Put or Call Closing date through the end of the Term specified in the Power Purchase Agreement.

Miscellaneous. a.

Subordination to Utility Rebate Agreement. No portion of this Agreement is intended to conflict with any Utility Rebate Agreements (the “Utility Rebate

TRADE SECRET PER MINN. STAT. § 13.37 Agreements�) to which Tenant or Customer is a party.

In the case of a conflict between the terms or conditions of this Agreement and the Utility Rebate Agreements, the terms and conditions of Utility Rebate Agreements shall control. The utility, or its successors and assigns, is a third-party beneficiary of the provision of this paragraph. Nothing in this Agreement shall prevent the utility, from fully enforcing the terms and conditions of Utility Rebate Agreements. b.

Relationship of the Parties. The Parties shall for all purposes be considered independent contractors with respect to each other, and neither shall be considered an employee, employer, agent, principal, partner or joint venturer of the other.

c.

Entire Agreement.

This Agreement and the Schedules hereto, together with any agreement reference herein, constitute the entire agreement and understanding of the Parties relative to the subject matter hereof. The Parties have not relied upon any promises, representations, warranties, agreements, covenants or undertakings, other than those expressly set forth or referred to herein. This Agreement replaces and supersedes any and all prior oral or written agreements, representations and discussions relating to such subject matter.

d.

Survival of Representations. All representations, warranties, covenants and agreements of the Parties contained in this Agreement, or in any instrument, certificate, exhibit or other writing provided for in it, shall survive the execution of this Agreement and the consummation of the transactions contemplated herein.

e.

f.

Amendment. This Agreement may be amended or modified only by a writing executed by the Parties to this Agreement. No custom or practice of the Parties at variance with the terms hereof shall have any effect.

No Delay. No delay or failure on the part of any Party hereto to exercise any right, power or privilege hereunder shall operate as a waiver thereof.

h.

Force Majeure. Neither Party will be liable to the other Party for any delay, error, failure in performance or interruption of performance resulting from causes beyond its reasonable control, including without limitation fires, flood, accidents, explosions, sabotage, strikes or other labor disturbances, legal acts of public authorities, civil commotion, riots, invasions, wars, acts of God, terrorism or any cause (whether similar or dissimilar to the foregoing) beyond the reasonable control of the Party.

j.

Severability. The provisions of this Agreement are severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement.

k.

Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

Neither Party shall assign this Agreement, or any portion thereof, without the prior written consent of the other Party. Any attempted assignment or transfer without such prior written consent of the other Party shall be of no force or effect. As to any permitted assignment: (a) reasonable prior notice of any such assignment shall be given to the other Party; and (b) any assignee shall expressly assume the assignor’s obligations hereunder, unless otherwise agreed to by the other Party in writing.

Notwithstanding the foregoing, as may be required for Tenant to avoid being classified as a Public Utility under Minnesota Statutes Chapter 216B.02, Subd. 4., or to leverage tax benefits as tax owner, Tenant may, at its sole discretion, assign and/or sublease all or part of its full interest under this Agreement to Green2 Solar Leasing, LLC that is a controlled affiliate of Tenant, and/or to Anchor Solar Investments, LLC that is also a controlled affiliate of Tenant

l.

Time is of the Essence. Time is of the essence with respect to all of the terms of this Agreement.

m. Special Terms and Conditions. Notwithstanding Section 5.c of this Agreement, the Parties hereby incorporate Schedule EA, Special Terms & Conditions as part of this Agreement.

Notices. All notices to be given under this Agreement shall be in writing and shall be effectively given upon personal delivery, facsimile or email transmission (with confirmation of receipt), delivery by overnight delivery service or three days following deposit in the United States Mail (certified or registered mail, postage prepaid, return receipt requested).

g.

i.

conflicts of laws principals. Any lawsuit brought in connection with this Agreement shall be brought only in a court of general jurisdiction in Ramsey County, Minnesota.

The Parties acknowledge they have read this Agreement, understand it and agree to be bound by its terms and conditions as of the date first set forth above.

Tenant Green2 Solar Leasing, LLC By: _________________________________ Rich Ragatz, its Vice President Date: ________________________________ Customer Capitol Region Watershed District By: _________________________________ Mark Doneux, its Administrator Date: ________________________________

Governing Law / Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its

2

TRADE SECRET PER MINN. STAT. ยง 13.37

SCHEDULE A Special Terms & Conditions

1. Compliance with Legal Requirements 1.1. The Tenant shall comply with all applicable federal, state and local laws and the rules and regulations of any regulatory body acting thereunder and all licenses, certifications and other requirements necessary for the execution and completion of the contract.

2. Data Practices 2.1. All data collected, created, received, maintained or disseminated for any purpose in the course of the Tenant's performance under this Agreement is subject to the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statutes, any state rules adopted to implement the Act and statutes, as well as federal statutes and regulations on data privacy.

2.2. The District acknowledges that Tenant has asserted that the structure of this transaction constitutes Trade Secret Information, as defined by Minn. Stat. ยง 13.37, Subd. 1(b). In the event that the District receives a Minnesota Government Data Practice request for the documents related to this Agreement, the District will contact Tenant prior to any disclosure so that Tenant may fully assert its rights under Minn. Stat. ยง 13.37.

2.3.

The Tenant designates Chris Psihos as its Responsible Designee, pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.02 Subdivision 06, as the individual responsible for any set of data collected to be maintained by Tenant in the execution of this Agreement.

2.4. The Tenant shall take all reasonable measures to secure the computers or any other storage devices in which District data is contained or which are used to access District data in the course of providing services under this Agreement. Access to District data shall be limited to those persons with a need to know for the provision of services by the Tenant. Except where client services or construction are provided, at the end of the Project all District data will be purged from the Tenant's computers and storage devices used for the Project and the Tenant shall give the District written verification that the data has been purged.

3. Security 3.1. The Tenant is required to comply with all applicable Capitol Region Watershed District Information Services Security Policies ("Policies"), as published and updated by Information Services Information Security. The Policies can be made available on request.

3.2. Tenants shall report to Capitol Region Watershed District any privacy or security incident regarding the information of which it becomes aware. "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with System operations in an information system. "Privacy incident" means violation of the Minnesota Government Data Practices Act (MGDPA) and/or the HIPAA Privacy Rule (45 C.F.R. Part 164, Subpart E), including, but not limited to, improper and/or unauthorized use or disclosure of protected information, and incidents in which the confidentiality of the information maintained by it has been breached. This report must be in writing and sent to the District not more than 7 days after learning of such non-permitted use or disclosure.

Such a report will at least: (1) Identify the nature of the non-permitted use or disclosure; (2) Identify the data used or disclosed; (3) Identify who made the non-permitted use or disclosure and who received the non -permitted or violating disclosure; (4) Identify what corrective action was taken or will be taken to prevent further non-permitted uses or

3

TRADE SECRET PER MINN. STAT. ยง 13.37 disclosures; (5) Identify what was done or will be done to mitigate any deleterious effect of the non-permitted use or disclosure; and (6) Provide such other information, including any written documentation, as the District may reasonably request. The Tenant is responsible for notifying all affected individuals whose sensitive data may have been compromised as a result of the Security or Privacy incident.

3.3. Tenants must ensure that any agents (including contractors and subcontractors), analysts, and others to whom it provides protected information, agree in writing to be bound by the same restrictions and conditions that apply to it with respect to such information.

3.4. The District retains the right to inspect and review the Tenant's operations for potential risks to District operations or data.

The review may include a review of the physical site, technical vulnerabilities testing, and an inspection of documentation such as security test results, IT audits, and disaster recovery plans.

3.5. All District data and intellectual property stored in the Tenant's system is the exclusive property of the District.

4. Audit Until the expiration of six years after the furnishing of services pursuant to this Agreement, the Tenant, upon request, shall make available to the District, the State Auditor, or the District's ultimate funding source, a copy of the Agreement, and the books, documents, records, and accounting procedures and practices of the Tenant relating to this Agreement.

5. Notices All notices under this Agreement, and any amendments to this Agreement, shall be in writing and shall be deemed given when delivered by certified mail, return receipt requested, postage prepaid, when delivered via personal service or when received if sent by overnight courier. All notices shall be directed to the Parties at the respective addresses set forth below. If the name and/or address of the representative changes, notice of such change shall be given to the other Party in accordance with the provisions of this section.

District: Mark Doneux, Capitol Region Watershed District, 1410 Energy Park Drive, Suite 4, St. Paul, MN 55108

Tenant: Rich Ragatz, Green2 Solar Leasing, LLC, 5810 Nicollet Avenue, Minneapolis, MN 55419

6. Non-Conforming Services The acceptance by the District of any non-conforming goods/services under the terms of this Agreement or the foregoing by the District of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of the District's right to conforming services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies of the District provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.

7. Setoff Notwithstanding any provision of this Agreement to the contrary, the Tenant shall not be relieved of liability to the District for damages sustained by the District by virtue of any breach of the contract by the Tenant. The District may withhold any payment to the Tenant for the purpose of setoff until such time as the exact amount of damages due the District from the Tenant is determined.

8. Conflict of Interest The Tenant shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Tenant warrants that it is not now aware of any facts that create a conflict of interest. If the Tenant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to the District. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this subparagraph shall be deemed a material breach of this Agreement.

4

June 19, 2018 Board Meeting IV. Special Reports: B. Water Data Reporting Tool (DRT) Update (Belden/Sellner) DATE: TO: FROM: SUBJECT:

June 13, 2018 CRWD Board of Managers Britta Belden, Monitoring Coordinator; Joe Sellner, Water Resource Technician Update on Water Data Reporting Tool (DRT)

Background In 2014, CRWD implemented the Kisters WISKI database to house all historical monitoring data and to expand data analysis and QA/QC capabilities. In addition, WISKI was employed with the long-term goal of improving the reporting, viewing, and availability of CRWD’s monitoring data. In the 2014 Monitoring Program Review, Recommendation 4 states: “Complete a comprehensive evaluation of and implement improvements to the District’s reporting methods with focus on format, analysis types, generation of figures/tables, data cleaning”.

Historically, monitoring data was reported annually in the stormwater and lakes monitoring reports.

These reports have been provided to our multiple audiences as a packaged, static, standalone product that represents one year of data. Subsequently, there is no continuity between years for each monitoring station which limits long-term analysis capabilities. Also, the assembly of each report is time consuming and requires multiple staff persons. Most importantly, our audiences have expressed that the reports aren’t providing the information they need, and that the data is difficult to access. On February 1, 2017 the Board of Managers authorized an agreement with Kisters to develop an online, user-driven, interactive, map-based Water Data Reporting Tool (DRT) that displays CRWD monitoring data by interfacing with the WISKI database. The primary goal of Water DRT is to provide a dynamic data reporting tool that offers: data visualization and user interaction; expanded statistical capabilities; customizable reporting and data download/export; access to the most up-to-date monitoring data; and dynamic statistics and data summarization capabilities that assists in meeting annual reporting requirements.

Issues Kisters has completed a final draft of DRT. Staff will present DRT to the Board of Managers and highlight key features and capabilities, including the homepage navigation, filtering options, FAQs, user guidance, data displaying, statistical outputs, and data downloading. The tool is not currently available publicly and will undergo review and testing by staff before being made public within the next month.

Access to DRT will be through an embedded link on the CRWD website.

Requested Action Update only; no action requested.

W:\07 Programs\Monitoring & Data Acquisition\0 WISKI\0_MONITORING WEBSITE\Development\Brd Memo_DART Update_June 19, 2018.docx

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District.

June 19, 2018 Board Meeting V. Action Item A) Approve Minutes of June 6, 2018 DRAFT Regular Board Meeting (Sylvander)

Regular Meeting of the Capitol Region Watershed District (CRWD) Board of Managers, for Wednesday, June 6, 2018, 6:00 p.m. at the office of CRWD, 1410 Energy Park Drive, Suite 4, St. Paul, Minnesota.

REGULAR MEETING MINUTES I.

A)

Call to Order of Regular Meeting (President Joe Collins)

Managers Joe Collins Seitu Jones Shirley Reider Rick Sanders Mary Texer

B)

Staff Present Mark Doneux, CRWD Anna Eleria, CRWD Bob Fossum, CRWD Elizabeth Hosch, CRWD Forrest Kelley, CRWD Michelle Sylvander, CRWD Attorney James Mogen, Ramsey County

Public Attendees Dale Krystosek, BWSR Dan Fabian, BWSR Barbara Deming, MN Management & Budget Pat Cavanaugh, CAC Member

Review, Amendments and Approval of the Agenda

President Collins asked for any additions or changes to the agenda. Ms. Elizabeth Hosch requested the addition of III. E. Volume Banking deposit for #10-002. Administrator Doneux requested the addition of Action Item V. I. Approve the Final 2017 Audit Report.

Motion 18-090: Approve the Agenda of June 6, 2018 with the addition of Permit Application & Program update III. E. Volume Banking deposit for #10-002 and Action Item V.I. Approve the Final 2017 Audit Report.

Reider/Sanders Unanimously Approved II.

Public Comment – For Items not on the Agenda

Manager Reider shared how proud she was with the ground-breaking ceremony and complimented Manager Texer on the speech given. Manager Reider volunteered at the Lake Phalen Waterfest event. Manager Reider shared how she enjoyed the interaction of Ms. Schwantes, Ms. Hosch and & Mr. Yang with event goers.

Manager Texer and President Collins participated in the cleanup event that Ms. Schwantes organized.

III.

Permit Applications and Program Updates A)

Permit #10-002 TH36 and Rice - Closure (Hosch)

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District

Ms. Hosch reviewed permit #10-002 TH36 and Rice Intersection. It is CRWD policy to update volume banking deposits with constructed volumes determined from as-built survey calculations. There are 158,189 credits available to deposit into the volume bank from the construction of permit #10-002.

Motion 18-091: Approve deposit of 158,189 cf into the MnDOT volume bank.

Reider/Texer Unanimously Approved Ms. Hosch reviewed construction activity is complete for permits #10-002, TH36/Rice Intersection. This permit was issued for reconstruction of the interchange at Rice Street and Truck Highway 36 in Roseville. Stormwater treatment is provided on site with three infiltration basins, all confirmed functional and stable. The project is complete, and no surety was collected.

Motion 18-092: Approve Certificate of Completion for permit #10-002, TH36/Rice Intersection.

Reider/Texer Unanimously Approved B) Permit #18-002 Menards Transload Terminal – Extend Review Period (Hosch) Ms. Hosch reviewed permit #18-002 Menards Transload Terminal. The applicant requested an extension to the 60-day review period prior to the expiration. Additional time is still needed to resolve how the applicant will meet the CRWD freeboard requirement.

Motion 18-093: Approve second 60-day review period extension for permit 18-002 Menard’s Transload Terminal to expire August 13, 2018 Reider/Sanders Unanimously Approved C) Permit #18-013 Beacon Bluff Opus Development (Kelley) Mr. Kelley reviewed permit #18-013 Beacon Bluff Opus Development. The applicant, Opus Development Company is constructing a building with a loading dock and parking stalls. The applicable rules are Stormwater Management (Rule C), Flood Control (Rule D), and Erosion and Sediment Control (Rule F). The disturbed area of this project is 5.43 acres with 4.54 acres impervious surface.

Motion 18-094: 1.

2.

3.

4.

5.

6.

Approve permit #18-013 Beacon Bluff Opus Building with 6 conditions:

Receipt of $22,700 surety Receipt of documentation of maintenance agreement recorded with Ramsey County Provide a copy of the NPDES permit Submit documentation that the Response Action Plan has been approved by the MPCA. Revise plans to address permit report conditions 5a. through 5c.

Revise existing HydroCAD Pond 56P (Surface Feature – South) or plans to correspond. Invert of 12” primary outlet is 143.97’ in HydroCAD and 143.62’ on Sheet C1.0 in the Plans.

Reider/Texer Unanimously Approved D)

Permit #18-015 Met Council Sanitary Repairs (Kelley) Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District

Mr. Kelley reviewed permit #18-015 Met Council Villa Sanitary. The applicant, Metropolitan Council Environmental Services, is rehabilitating the sanitary sewer. The applicable rules are Stormwater Management (Rule C), and Erosion and Sediment Control (Rule F). The disturbed area of this project is 1 acre with .59 acres impervious surface.

Motion 18-095:

Approve permit #18-015 Met Council Villa Sanitary with 2 conditions:

1. Provide soil information to demonstrate that the infiltration basin will drawdown within 48 hours.

2. Increase volume retention to achieve the required volume noted in Table 1, or document the total impervious area to be completely reconstructed is less than estimated (areas to received mill and overlay do not require treatment).

Reider/Sanders Unanimously Approved IV.

Special Reports

A) Performance Review and Assistance Program, Dale Krystosek, BWSR Administrator Doneux introduced Mr. Dale Krystosek from BWSR. Mr. Krystosek shared that BWSR is conducting a routine level II performance review of CRWD. The review focuses primarily on the progress in implementing the Capitol Region Watershed District Management Plan. Mr. Krystoesek has meet with CRWD staff regarding the review. Mr. Krystosek will be returning to the Board of Managers Meeting in August to review the Draft report. A survey will be sent out to requesting feedback on CRWD No action taken.

B) Strategic Plan Proposal, Barbara Demin, MN Management and Budget Administrator Doneux introduced Ms. Barbara Demin from the MN Management and Budget. In 2008 CRWD Ms. Deming helped with completing a strategic planning process. Ms. Deming reviewed a proposal for a new ten-year strategic plan. Ms. Demin will assist with interviewing focus groups to review trends and opportunities.

A Strategic Plan team will be determined.

Motion 18-096: Authorize Administrator to enter agreement for strategic planning services with MN Management and Budget.

Texer/Reider Unanimously Approved V.

Action Items A)

AR:

Approve Minutes of the May 16, 2018 Regular Meeting (Sylvander).

Motion 18-097: Approve Minutes of the May 16, 2018 Regular Meeting.

Reider/Jones Unanimously approved B)

AR:

Approve Minutes of the May 21, 2018 Board Workshop (Doneux)

Motion 18-098: Approve Minutes of the May 21, 2018 Board Workshop.

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District

Reider/Jones Unanimously approved C) AR:

Approve TBI Easement Appraisal Consultant (Eleria)

Ms. Eleria reviewed that the Managers approved Hosch Appraisal and Consulting as the TBI easement appraisal consultant. Ms. Eleria reviewed the proposal for appraisal consulting services for the 17 priority parcels defined

by CRWD. The consulting services are divided into three phases that allow for a step-by-step approach to valuation of easement acquisition areas from a simplified valuation methodology to more complicated, parcel specific valuation methodology if deemed necessary by CRWD and Ramsey County Attorney’s Office. The estimated cost for Phase IA is $50,660. Combined with the contracts with Sunde Survey and SRF the total amount of the TBI easement professional services is $137,558. The amount exceeds the 2018 budget of the TBI Easement Project which is $76,050.

President Collins asked Atty Mogen about access. Attorney Mogen replied that yes CRWD will have access to move dirt. Attorney Mogen added that Hosch Appraisal and Consulting is experienced with these kinds of easements.

Motion 18-099: Approve the TBI Easement Appraisal Consulting Proposal from Hosch Appraisal and Consulting and authorize the Administrator to execute a consultant services agreement for an amount not to exceed $50,660 and any amendments to the agreement up to $10,000.

Reider/Jones Unanimously approved D) AR:

Authorize Public Comment Period for TBI SWPPP (Eleria)

Ms. Eleria reviewed that CRWD is required to prepare and submit an annual report of activities and accomplishments associated with its stormwater pollution prevention program (SWPPP) by June 30th to MN Pollution Control Agency (MPCA). CRWD must solicit public comment on the MS4 annual report and hold an annual public meeting to present the SWPPP activities and accomplishments made each year. CRWD staff propose that the public comment period on CRWD’s 2017 SWPPP work commence on June 7th and end on June 27th and the public meeting for presenting this work occur at the second June Board meeting, June 19th.

Motion 18-100: Authorize public comment period on CRWD’s MS4 Annual Report for 2017; and approve the June 19, 2018 Board meeting as the public meeting date for the annual report.

Reider/Jones Unanimously approved E) AR:

Approve City of Falcon Heights Surface Water Plan (Fossum)

Mr. Fossum reviewed that all cities in the metro area are required to complete a surface water management plan to address drainage and stormwater within their boundaries. City surface water plans are required to comply with all the Watershed Districts’ watershed management plans that have jurisdiction within their borders.

Manager Texer asked about a flooding event that happened at Gottfried’s Pit lift station. Mr. Fossum confirmed that the pump system at Gottfried’s Pit lift station is working as designed.

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District

Motion 18-101: Approve Falcon Heights surface Water Management Plan.

Reider/Jones Unanimously approved F) AR:

Approve City of Roseville Surface Water Plan (Fossum)

Motion 18-102: Approve City of Roseville surface Water Management Plan.

Reider/Jones Unanimously approved G) AR:

Approve Ford Site-Area C Technical Evaluation (Fossum)

Mr. Fossum reviewed that CRWD has been heavily involved in the redevelopment planning of the main Ford Site parcel. Ford Area C is another parcel of land that is not included in the redevelop plans nor currently being marketed by Ford. Area C is located west of Mississippi Blvd. immediately adjacent to the Mississippi River. For many years, Ford used this parcel to dump waste products from their manufacturing processes. More recently the site was capped with a paved parking lot. The MPCA has been working with Ford to investigate the content and magnitude of the material that is located on Area C. In 2017, CRWD reviewed and commented on the Ford Area C and the need for a technical evaluation with the Managers. Mr. Fossum explained that experts such as Barr Engineering are needed to review this area. Staff are looking for assistance in understanding a complicated 700page report. Ms. Cavanaugh asked if Area C is a super fund site. Mr. Fossum replied that the site was removed from super funds a few years ago.

Motion 18-103: Approve Ford Plant Area C Technical Evaluation Project and authorize Administrator to execute an agreement with Barr Engineering for an amount not to exceed $25,000.

Texer/Jones Unanimously approved H) AR:

Approve Watershed Based Funding Approach (Doneux)

Administrator Doneux reviewed that in 2017 the Board of Water and Soil Resources (BWSR), in partnership with the Local Government Water Round Table, began working with local government units (LGUs) across the state to develop a watershed-based funding pilot program. Funding is being distributed to watershed areas that have completed watershed management plans under the One Watershed, One Plan Program, The Metropolitan Surface Water Management Act implement actives identified in these plans. Staff recommend that the Seminary Pond Stormwater Improvement project be designated for these funds because of the advanced stage of design, the cost effectiveness of the project and because CRWD has not yet constructed a project in Lauderdale. Mr. Dan Fabian from BWSR explained the program planning requirements.

Motion 18-104: Authorize Administrator to submit a Watershed Based funding request for the Seminary Pond Stormwater Improvement Project for $95,536 and enter into a BWSR grant agreement for these funds.

Reider/Jones Unanimously approved I) AR:

Approve Final Audit Report (Doneux)

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District

Administrator Doneux explained that the Annual Financial Report has been completed.

Motion 18-105: Approve the final 2017 Audit Report.

Texer/Reider Unanimously approved VI.

Unfinished Business A) Building Update (Doneux)

Administrator Doneux shared that the old shed has been torn down. The roof decking is being removed. Pouring of cement will take place in the next week or two.

B) 2019 Budget Update (Doneux) Administrator Doneux and the Managers discussed having a standard workshop date set for each month. The group decided to have a workshop prior to the first board meeting of each month. Beginning on July 11th at 5:00 pm the board will have a workshop. The July 11th workshop will be focused on budget planning.

Motion 18-106: Approve a workshop to be held at 5:00 prior to the first board meeting of each month Texer/Reider Unanimously approved VII. A) B)

General Information

Board of Managers’ Updates Administrator’s Report VIII.

A)

Next Meetings

Wednesday, June 13, 2018 CAC Summer Tour – President Collins, Managers Jones, and Texer will be attending Tuesday, June 19, 2018 Regular Board Meeting

B) IX.

Adjournment

Motion 18-107: Adjournment of the June 6, 2018 Regular Board Meeting at 7:20 p.m.

Reider/Jones Unanimously Approved Respectfully submitted, Michelle Sylvander

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District

June 19, 2018 Board Meeting V. Action Items – B) Accounts Payable & Budget Update (Sylvander)

DATE: June 14, 2018 TO: CRWD Board of Managers FROM: Michelle Sylvander, Office Manager RE: May 2018 Accounts Payable/Receivable and Administrative/Program Budget Report _________________________________________________________________________________ Enclosed are the Accounts Payable/Receivable and the Administrative/Program Budget Reports for the Month of May 2018.

Summary of Budget Report: (May Only Expenses) Administrative Budget (100’s) Program Budget (200’s) Project Budget (300’s) Capital Improvement Budget (400’s) Debt Service (500’s)

$ $ $ $ $

123,263.74 152,023.61 35,504.19 295,060.83 0.00

TOTAL

$

605,852.37

Summary of Accounts Payable/Receivable Report through May 31, 2018: (Past, present and future months) (May 2018 Only)

Accounts Payable Accounts Receivable

$ $

611,009.29 43,673.81

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District.

2018 Operations and CIP Monthly YTD Expenditures to Budget $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $Jan

Feb

March

April

May

Jun

July

August

Sept

Oct

2018 Operations Budget

Operations Cumulative Expenditures

2018 CIP Budget

CIP Cumulative Expenditures

Nov

Request Action Approve May 2018 Accounts Payable/Receivable and Budget Report, direct Treasurer and Board President to endorse and disperse checks for these payments. enc:

May 2018 Accounts Payable May 2018 Budget Report

W:\02 Budget and Finance\Board Memos\Board Memos 2018\BD Memo AP Budget Report 6.19.18.docx

2

Dec

Capitol Region Watershed District

Check Register For the Period From June 1, 2018 - June 30, 2018

Date 02/21/18 05/16/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18

Payee Roseville ISD #623-VOID Belletrist Communications Al's Coffee Barr Engineering Barr Engineering Barr Engineering Belletrist Communications Ben Meadows Company Benefit Extras, Inc. Budget Sign & Graphics Cathryn Kennedy Consulting, Ltd Century College City of St. Paul Park & Rec. City of St. Paul-Dept. of Reg. Water Svcs.

Colonial Life Comcast - Business Comcast Business - VM Cable Comcast Business - VM Cable Computer Revolution Daniel Weyandt David Bowen Art E.G. Rud & Sons, Inc. Energy Park Plaza Fleet One, LLC Forrest J. Kelley Fresh Color Press Gopher State One HealthPartners Holiday Fleet Houston Engineering, Inc. Inquiry, LLC In-Situ, Inc. League of MN Cities Ins. Trust Marco - HP Marco - Minolta Menards MetLife Metro Blooms Metropolitan Council Minnesota State Auditor Mississippi Park Connection MSC Industrial Supply MSR Nelson Cheese & Deli Northern Battery Outdoor Lab Patricia Cavanaugh Pitney Bowes Global Financial Ramsey County - Attorney Redpath & Company Ltd Roseville ISD #623 - Re-Issue Sentry Systems, Inc. Shirley Reider Shred-N-Go SRF Consulting, Inc.

Amount

Check Total

($56,141.00) 2,500.00 575.00 1,487.58 7,095.80 7,979.00 2,500.00 62.95 76.75 80.58 1,137.50 2,777.00 2,500.00 100.00 1,678.25 317.92 252.99 118.98 4,219.53 750.00 1,498.10 1,125.00 6,711.68 108.31 640.00 390.00 121.50 19,568.97 238.89 6,194.75 2,880.00 23,454.20 27,296.00 76.32 864.88 224.25 596.79 1,400.00 10,041.00 9,358.00 4,000.00 82.56 24,796.63 199.56 1,203.71 2,400.00 64.45 367.71 5,270.00 3,737.86 56,141.00 35.58 543.31 83.66 10,147.56

Check #

Description

($56,141.00) 18804V Void 2,500.00 19016 Website Copywrite 575.00 19017 Filters/Supplies 1,487.58 19018 Aldine Design Support 7,095.80 19019 May Engineering 7,979.00 19020 Area C Review 2,500.00 19021 Website Copywrite 62.95 19022 Hard Hats 76.75 19023 Employee Benefits 80.58 19024 Decals 1,137.50 19025 News Release/Media Advisory 2,777.00 19026 Safety Training 2,500.00 19027 Blooming St. Paul Awards 100.00 19028 Electric Service/Bruce Vento 1,678.25 19029 Employee Benefits 317.92 19030 Voice Truck/Bundled Services 252.99 19031 Voice & Internet 118.98 19032 Voice Lines 4,219.53 19033 Share-File/3 Year Renewal 750.00 19034 Well Sealing Cost Share 1,498.10 19035 Tele-Present Water Installation 1,125.00 19036 Survey 6,711.68 19037 Rent 108.31 19038 Fuel for Vehicles 640.00 19039 Office Cleaning 390.00 19040 Information Sheets 121.50 19041 Marking Tickets 19,568.97 19042 Employee Benefits 238.89 19043 Fuel for Vehicles 6,194.75 19044 MS4 Software/Coneptual Designs 2,880.00 19045 CRWD History Project 23,454.20 19046 Temperture Sensor 27,296.00 19047 Insurance Expense 76.32 19048 Overage Charges 864.88 19049 Copier Contract 224.25 19050 Monitoring Supplies 596.79 19051 Employee Benefits 1,400.00 19052 Turf Alternatives Workshop 10,041.00 19053 Lab Analysis 9,358.00 19054 2017 Audit 4,000.00 19055 Planning Support for Environment 82.56 19056 Alkaline Batteries 24,796.63 19057 Renderings/Professional Services 199.56 19058 Diversity Workshop/Ground Breaking 1,203.71 19059 Battery/Cycle Dual Terminal/Credit 2,400.00 19060 Landscape Maintenance 64.45 19061 Mississippi Workshops 367.71 19062 Postage Meter 5,270.00 19063 Attorney Services 3,737.86 19064 Monthly Accounting/Payroll 56,141.00 19065 Harambee Elementary 35.58 19066 Monitoring Services 543.31 19067 Manager Per Diem/Expense 83.66 19068 Shredding Service 10,147.56 19069 Feasibility Study/Snelling-Midway Site

Page 1 of 2

Capitol Region Watershed District

Check Register For the Period From June 1, 2018 - June 30, 2018

Date 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18 06/20/18

Payee St. Paul Department of Public Works St. Paul Regional Water Services Staples Business Advantage Syscon, Inc. Ta-coumba Aiken Teledyne Instruments, Inc. Tierney Brothers, Inc. Verizon Wireless Viking Industrial Center Walters Wenck Associates, Inc. Wenck Associates, Inc. Wenck Associates, Inc. Wenck Associates, Inc. Wenck Associates, Inc. Xcel Energy Xcel Energy Xcel Energy Xcel Energy Xcel Energy Xcel Energy Xylem, Inc. Zenman Productions US Bank Computer Revolution

Amount

Check Total

75.00 213.18 53.25 37.50 7,500.00 5,122.50 571.50 347.36 266.98 72.60 351.00 510.00 849.95 9,371.43 14,952.74 475.68 34.24 32.74 471.90 811.67 551.00 176.78 12,500.00 2,039.75 2,160.50

75.00 213.18 53.25 37.50 7,500.00 5,122.50 571.50 347.36 266.98 72.60 351.00 510.00 849.95 9,371.43 14,952.74 475.68 34.24 32.74 471.90 811.67 551.00 176.78 12,500.00 2,039.75 2,160.50

$261,480.31

$261,480.31

$205,541.00 33,555.00

$205,541.00 33,555.00

SUB-TOTAL: WIRE TRANSFERS:

$239,096.00

$239,096.00

MAY PAYROLL/BENEFITS:

$110,432.98

$110,432.98

MAY TOTAL:

$611,009.29

$611,009.29

SUB-TOTAL: MAY A/P

Check # 19070 19071 19072 19073 19074 19075 19076 19077 19078 19079 19080 19081 19082 19083 19084 19085 19086 19087 19088 19089 19090 19091 19092 19093 19094

Description Permit Bugs Night Out Water & Sewer Office Supplies Sage Support Glass Art Design Flow Module Ink & Printheads iPads/Remote Monitoring Station Yellow Back Shell/Gas Cylinder Trash & Recycling Kickoff Meeting Professional Services Permit Program Permit Inspections Permit Program Electrical Service Electrical Service-Kittson Electrical Service-Maryland Ave. Gas Service Electrical Service Electrical Service Membrane Kit Website Design Monthly Credit Card Managed Services

WIRE TRANSFERS: 06/20/18 J. E. Dunn Construction Company 06/20/18 J. E. Dunn Construction Company

Certificate of Payment - #3 - Thru 5/31/18 Certificate of Payment - #4 - Thru 5/31/18

APPROVED FOR PAYMENT:

6/20/2018

MAY, 2018 RECEIPTS Morning Star Redevelopment Weyerhauser Apartments Employee Apparel Stormwater Conference 4M Fund-Bonds 4M Fund-General MAY RECEIPTS:

2,000.00 24,000.00 33.00 955.72 12,583.22 4,101.87 $43,673.81

Page 2 of 2

Permit 18014 Surety - 17023 Miscellaneous Income Travel Reimbursement May Interest May Interest

CAPITOL REGION WATERSHE DISTRICT JOB COST RECAP FOR THE PERIOD MAY 1, 2018 ‐ MAY 31, 2018

TOTAL GENERAL ADMINISTRATION: 200 ‐ Administration 201 ‐ Groundwater 207 ‐ Rulemaking/Rule Revisions 208 ‐ Permitting 210 ‐ Stewardship Grants 211 ‐ Monitoring & Data Collection 220 ‐ Education & Outreach 225 ‐ Technical Resources & Information Sharing 228 ‐ Future Trends: Research and Positioning 230 ‐ Geographic Informatin Systems (GIS) 240 ‐ Safety Program TOTAL PROGRAMS: 300 ‐ Administration 301 ‐ Shoreline & Streambank Maintenance 305 ‐ Como Lake Subwatershed 310 ‐ Lake McCarron's Subwatershed 315 ‐ Trout Brook Subwatershed 317 ‐ Crosby Lake Subwatershed 330 ‐ Mississippi River Subwatershed 370 ‐ Watershed Management Plan TOTAL PROJECTS: TOTAL OPERATING FUND: 405 ‐ Como Lake BMP's 410 ‐ Lake McCarron's BMP's 413 ‐ Loeb Lake BMP's 415 ‐ Trout Brook BMP's 417 ‐ Crosby Lake BMP's 430 ‐ Mississippi River Subwatersheds BMP's 440 ‐ Special Projects & Grants 450 ‐ Future Trends: Implementation TOTAL CAPITAL IMPROVEMENT: 15104 ‐ Debt & Loan Service 15 TOTAL DEBT SERVICES:

2018 ANNUAL BUDGET ‐ 506,220.00 214,310.00 74,560.00 ‐ ‐ (396,257.00) $398,833.00 261,530.00 7,400.00 15,000.00 322,840.00 560,110.00 591,210.00 497,130.00 41,840.00 133,510.00 26,700.00 33,320.00 $2,490,590.00 134,727.00 8,000.00 260,330.00 51,650.00 222,300.00 26,290.00 113,760.00 65,000.00 $882,057.00 $3,771,480.00 444,140.00 119,970.00 85,590.00 288,150.00 ‐ 619,540.00 824,580.00 8,762,000.00 $11,143,970.00 550,000.00 $550,000.00

CURRENT MONTH EXPENDITURES ‐ 118,081.19 114.26 1,858.17 330.12 2,880.00 ‐ 123,263.74 ‐ 750.00 4,798.94 33,146.69 6,592.15 55,766.74 37,169.04 5,086.67 3,466.63 1,996.89 3,249.86 $152,023.61 ‐ ‐ 7,675.73 1,198.05 13,052.73 417.01 13,160.67 ‐ $35,504.19 $310,791.54 121.50 10,804.09 346.14 ‐ ‐ 1,912.70 3,119.58 278,756.82 $295,060.83 ‐ $0.00

TOTAL ALL FUNDS:

$15,465,450.00

$605,852.37

$2,691,887.42

$12,773,562.58

17.41%

Fund Balance FUND BALANCES @ 12/31/17 Operations 2,071,267.17 1,130,734.69 Capital Improvement Debt Service 94,698.10 Building/Bond Proceeds ‐ TOTAL FUND BALANCE: $3,296,699.96

2018 Fund Transfers ‐ ‐ ‐ ‐ $0.00

Year‐to‐Date Revenue 34,522.13 19,965.48 ‐ 9,928,390.18 $9,982,877.79

Year‐to‐Date Expenditures $1,199,541.87 560,051.08 345,471.47 586,823.00 $2,691,887.42

Fund Balance @ 05/31/18 906,247.43 590,649.09 (250,773.37) 9,341,567.18 $10,587,690.33

17970 ‐ General Administration 17 18970 ‐ General Administration 18 18795 ‐ Aldine Operating Expense 18976 ‐ Thomas Operating Expense 17980 ‐ Diversity Plan 17985 ‐ CRWD History Study 00000 ‐ Administration Allocation

JOB COST #/NAME

YEAR‐TO‐DATE BALANCE OF BUDGET EXPENDITURES REMAINING 10,965.46 (10,965.46) 381,438.58 124,781.42 6,814.47 207,495.53 5,706.44 68,853.56 1,657.27 (1,657.27) 4,424.46 (4,424.46) ‐ (396,257.00) $411,006.68 ($12,173.68) ‐ 261,530.00 2,267.00 5,133.00 6,603.76 8,396.24 133,625.47 189,214.53 68,964.12 491,145.88 208,198.14 383,011.86 144,801.01 352,328.99 8,438.56 33,401.44 16,204.29 117,305.71 6,573.21 20,126.79 11,131.83 22,188.17 $606,807.39 $1,883,782.61 ‐ 134,727.00 ‐ 8,000.00 72,495.44 187,834.56 15,739.04 35,910.96 50,100.02 172,199.98 18,279.98 8,010.02 25,113.32 88,646.68 ‐ 65,000.00 $181,727.80 $700,329.20 $1,199,541.87 $2,571,938.13 283.86 443,856.14 79,501.94 40,468.06 2,713.29 82,876.71 ‐ 288,150.00 24,564.55 (24,564.55) 15,913.64 603,626.36 74,408.65 750,171.35 949,488.15 7,812,511.85 $1,146,874.08 $9,997,095.92 345,471.47 204,528.53 $345,471.47 $204,528.53

% OF BUDGET EXPENDED ‐‐‐ 75.35% 3.18% 7.65% ‐‐‐ ‐‐‐ 0.00% 103.05% 0.00% 30.64% ‐‐‐ 41.39% 12.31% 35.22% 29.13% 20.17% 12.14% 24.62% 33.41% 24.36% 0.00% 0.00% 27.85% 30.47% 22.54% 69.53% 22.08% ‐‐‐ 20.60% 31.81% 0.06% 66.27% 3.17% 0.00% ‐‐‐ 2.57% 9.02% 10.84% 10.29% 62.81% 62.81%

Page 1 of 7

CAPITOL REGION WATERSHE DISTRICT JOB COST DETAIL FOR THE PERIOD MAY 1, 2018 ‐ MAY 31, 2018

2018 ANNUAL BUDGET ‐ 506,220.00 214,310.00 74,560.00 ‐ ‐ (396,257.00) TOTAL GENERAL ADMINISTRATION: $398,833.00 20000 ‐ Administration Allocation 261,530.00 17000 ‐ District Permit Program ‐ 18000 ‐ District Permit Program 165,050.00 18101 ‐ Permit Tracking & Database Management 10,740.00 18102 ‐ Construction Inspection 119,050.00 17103 ‐ Permit Closure & Post Construction Inspection/Maintenance ‐ 18103 ‐ Permit Closure & Post Construction Inspection/Maintenance 28,000.00 ‐‐‐‐‐‐‐‐‐ ‐ Permits ‐ 18120 ‐ Evaluate Rules/TAC Meetings 15,000.00 18130 ‐ Groundwater Protectin ‐ Well Sealing 7,400.00 16143 ‐ Stewardship Grants ‐ 17143 ‐ Stewardship Grants ‐ 18143 ‐ Stewardship Grants 318,190.00 17144 ‐ Partner Grants ‐ 18144 ‐ Partner Grants 96,790.00 17145 ‐ Inspiring Communities Program 18,850.00 18145 ‐ Inspiring Communities Program ‐ 18146 ‐ Rain Garden Projects 25,330.00 16147 ‐ TWP Blvd. Rain Gardens 92,190.00 18148 ‐ MN Greencorps Member 8,760.00 17200 ‐ Baseline Monitoring & Data Collection ‐ 18200 ‐ Baseline Monitoring & Data Collection 289,190.00 17205 ‐ Lake Monitoring & Data Collection ‐ 18205 ‐ Lake Monitoring & Data Collection 113,550.00 ‐ 17210 ‐ Villa Park Monitoring & Data Collection 18210 ‐ Villa Park Monitoring & Data Collection 30,570.00 17215 ‐ Wetland Bio‐Monitoring ‐ 18215 ‐ Wetland Bio‐Monitoring 14,420.00 18220 ‐ Long‐Term Monitoring Database Development 13,510.00 17221 ‐ Data Analysis & Reporting Tool 18,320.00 18225 ‐ Remote Data Access & Set‐Up 13,380.00 17230 ‐ BMP Monitoring ‐ 18230 ‐ BMP Monitoring 46,520.00

17970 ‐ General Administration 18970 ‐ General Administration 18975 ‐ Aldine Operating Expense 18976 ‐ Thomas Operating Expense 17980 ‐ Diversity Plan 17985 ‐ CRWD History Study 10000 ‐ Administration Allocation

JOB COST #/NAME

CURRENT MONTH YEAR‐TO‐DATE BALANCE OF EXPENDITURES EXPENDITURES BUDGET REMAINING ‐ 10,965.46 (10,965.46) 118,081.19 381,438.58 124,781.42 114.26 6,814.47 207,495.53 1,858.17 5,706.44 68,853.56 330.12 1,657.27 (1,657.27) 2,880.00 4,424.46 (4,424.46) ‐ ‐ (396,257.00) $123,263.74 $411,006.68 ($12,173.68) ‐ ‐ 261,530.00 ‐ 5,790.93 (5,790.93) 8,500.17 47,802.20 117,247.80 268.90 515.41 10,224.59 89.66 550.45 118,499.55 ‐ 244.42 (244.42) 117.25 778.07 27,221.93 24,170.71 77,943.99 (77,943.99) 4,798.94 6,603.76 8,396.24 750.00 2,267.00 5,133.00 ‐ 234.95 (234.95) ‐ 3,470.33 (3,470.33) 4,213.55 51,061.98 267,128.02 ‐ 489.76 (489.76) 231.97 3,104.72 93,685.28 ‐ ‐ 18,850.00 ‐ 486.00 (486.00) ‐ ‐ 25,330.00 1,931.09 8,803.14 83,386.86 215.54 1,313.24 7,446.76 ‐ 15,495.43 (15,495.43) 26,601.97 100,716.27 188,473.73 ‐ 501.95 (501.95) 24,450.49 28,070.21 85,479.79 ‐ 1,583.60 (1,583.60) 1,798.53 2,725.04 27,844.96 ‐ 4,530.00 (4,530.00) ‐ 1,080.00 13,340.00 ‐ 76.85 13,433.15 347.22 31,825.65 (13,505.65) ‐ 687.07 12,692.93 ‐ 1,912.83 (1,912.83) 2,039.65 3,147.18 43,372.82

% OF BUDGET EXPENDED ‐‐‐ 75.35% 3.18% 7.65% ‐‐‐ ‐‐‐ 0.00% 103.05% 0.00% ‐‐‐ 28.96% 4.80% 0.46% ‐‐‐ 2.78% ‐‐‐ 44.03% 30.64% ‐‐‐ ‐‐‐ 16.05% ‐‐‐ 3.21% 0.00% ‐‐‐ 0.00% 9.55% 14.99% ‐‐‐ 34.83% ‐‐‐ 24.72% ‐‐‐ 8.91% ‐‐‐ 7.49% 0.57% 173.72% 5.14% ‐‐‐ 6.77%

Page 2 of 7

CAPITOL REGION WATERSHE DISTRICT JOB COST DETAIL FOR THE PERIOD MAY 1, 2018 ‐ MAY 31, 2018

JOB COST #/NAME 15231 ‐ AHUG Exfiltration Monitoring 16232 ‐ Midway Office WH Monitoring 17232 ‐ Midway Office WH Monitoring 17250 ‐ General Ed & Outreach 18250 ‐ General Ed & Outreach 18251 ‐ General Communications 18252 ‐ Education & Outreach ‐ Aldine 18255 ‐ Leaf & Litter Clean Ups 17260 ‐ Municipal Outreach 18260 ‐ Municipal Training 18262 ‐ Youth Outreach 18263 ‐ Communication Training 18265 ‐ Sponsorships & Partnerships 16268 ‐ Adopt A Drain 17268 ‐ Adopt A Drain 18268 ‐ Adopt A Drain 17270 ‐ Website & Social Media 18270 ‐ Website & Social Media 18271 ‐ Master Water Stewards 17274 ‐ TWP Communications 18275 ‐ Events 16277 ‐ TWP ‐ Adopt a Drain 16278 ‐ TWP Leaf & Litter Clean Ups 18279 ‐ Social Media 17285 ‐ Awards & Recognition Programs 18285 ‐ Awards & Recognition Programs 17300 ‐ Local & Agency Plan Review & Tech Committee 18300 ‐ Plan Review & Tech Committee 17303 ‐ BMP Database Maintenance/Updates 18303 ‐ BMP Database Maintenance/Updates 17330 ‐ District Research Program 18330 ‐ District Research Program 17333 ‐ Public Art Program 18333 ‐ Public Art Program 18334 ‐ Public Art Program ‐ Aldine 18336 ‐ Climate Change 18370 ‐ GIS Program Development 18390 ‐ Safety Training 16395 ‐ Safety Updates 17395 ‐ Safety Program Update/Audits 18395 ‐ Safety Program Update/Audits 18396 ‐ CSE Equipment

2018 ANNUAL BUDGET 20,460.00 31,290.00 ‐ ‐ 79,350.00 76,960.00 60,000.00 17,400.00 ‐ 20,090.00 10,690.00 10,990.00 27,560.00 ‐ ‐ 17,390.00 ‐ 77,770.00 28,120.00 7,480.00 22,780.00 6,900.00 10,400.00 7,270.00 ‐ 15,980.00 20,940.00 ‐ ‐ 20,900.00 ‐ 38,720.00 ‐ 19,790.00 60,000.00 15,000.00 26,700.00 10,540.00 12,460.00 ‐ ‐ 10,320.00 TOTAL PROGRAMS: $2,490,590.00

CURRENT MONTH EXPENDITURES 254.43 ‐ 274.45 ‐ 4,004.61 1,661.78 ‐ 185.57 ‐ 81.99 1,127.85 ‐ 7,383.57 ‐ ‐ 261.05 18,708.92 ‐ 504.40 ‐ 3,187.81 ‐ ‐ 61.49 ‐ ‐ ‐ 461.03 ‐ 4,625.64 ‐ 819.65 ‐ 149.64 2,497.34 ‐ 1,996.89 2,873.24 ‐ ‐ 46.69 329.93 $152,023.61

YEAR‐TO‐DATE BALANCE OF EXPENDITURES BUDGET REMAINING 5,565.49 14,894.51 ‐ 31,290.00 10,280.57 (10,280.57) 4,490.80 (4,490.80) 23,555.55 55,794.45 8,378.34 68,581.66 ‐ 60,000.00 797.61 16,602.39 6,337.50 (6,337.50) 203.93 19,886.07 2,667.07 8,022.93 142.85 10,847.15 15,169.96 12,390.04 31.44 (31.44) 2,210.51 (2,210.51) 1,562.35 15,827.65 45,464.24 (45,464.24) ‐ 77,770.00 20,404.24 7,715.76 325.35 7,154.65 5,701.13 17,078.87 3,169.96 3,730.04 235.28 10,164.72 478.93 6,791.07 3,210.85 (3,210.85) 263.12 15,716.88 50.47 20,889.53 1,674.80 (1,674.80) 430.23 (430.23) 6,283.06 14,616.94 102.46 (102.46) 1,869.80 36,850.20 7,409.83 (7,409.83) 2,031.05 17,758.95 3,532.57 56,467.43 1,258.58 13,741.42 6,573.21 20,126.79 7,044.58 3,495.42 ‐ 12,460.00 1,908.04 (1,908.04) 860.46 (860.46) 1,318.75 9,001.25 606,807.39 $1,883,782.61

% OF BUDGET EXPENDED 27.20% 0.00% ‐‐‐ ‐‐‐ 29.69% 10.89% 0.00% 4.58% ‐‐‐ 1.02% 24.95% 1.30% 55.04% ‐‐‐ ‐‐‐ 8.98% ‐‐‐ 0.00% 72.56% 4.35% 25.03% 45.94% 2.26% 6.59% ‐‐‐ 1.65% 0.24% ‐‐‐ ‐‐‐ 30.06% ‐‐‐ 4.83% ‐‐‐ 10.26% 5.89% 8.39% 24.62% 66.84% 0.00% ‐‐‐ ‐‐‐ 12.78% 24.36%

Page 3 of 7

CAPITOL REGION WATERSHE DISTRICT JOB COST DETAIL FOR THE PERIOD MAY 1, 2018 ‐ MAY 31, 2018

JOB COST #/NAME 30000 ‐ Administration Allocation 18100 ‐ Watershed Management Plan ‐ 2020 18001 ‐ Strategic Plan 18405 ‐ St. Paul Natural Resources Intern Program 16420 ‐ Como Reg Park Stormwater Plan 17421 ‐ Como BMP Maintenance & Inspection 18421 ‐ Como BMP Maintenance & Inspection 18425 ‐ Curtis Pond Opti RTC O & M 16426 ‐ Como Lake, In‐Lake Management Assessment 18427 ‐ Como Lake Management Plan 16430 ‐ TWP Como Lake Project Development 16432 ‐ TWP Como Lake Project Dev. 17435 ‐ North & East Subwatershed Study 18470 ‐ AIS Management 15471 ‐ Aquatic Invasive Mgt Plan 15 17475 ‐ Lake McCarron's Internal Loading Assessment 18475 ‐ Lake McCarron's Internal Loading Assessment 18476 ‐ Upper Villa Maintenance 16477 ‐ TWP ‐ Lake McCarron's Project Development 17550 ‐ Inspection & Annual Maintenance 18550 ‐ Inspection & Annual Maintenance 14552 ‐ TBI Easement Verification & Documentation 17554 ‐ TBI Hydraulic/Hydrolic Model Calibration & Update 18570 ‐ NPDES MS4 Stormwater Program 18575 ‐ Illicit Discharge Detection & Elimination Program 17621 ‐ Snelling Midway Redevelopment 17622 ‐ Ford Site Planning 18622 ‐ Ford Site Planning 18624 ‐ CCLRT BMP Maintenance 14625 ‐ Eustis St. Stormwater Improvement 18531 ‐ Highland Ravine BMP Maintenance 17631 ‐ Highland Ravine Maintenance 16660 ‐ TWP Grant Admin 16

16705 ‐ TWP Como BMP McMurray 16715 ‐ TWP Como Sr. High 16720 ‐ Willow Reserve Restoration Project 16752 ‐ TWP ‐ McCarrons BMP ‐ Parkview 12801 ‐ Highland Ravine Stabilization 16815 ‐ TBI Repairs ‐ St. 0+00 ‐ 28+49 13xxx ‐ Trout Brook Nature Sanctuary 13852 ‐ Tirllium Site Water Resource

2018 ANNUAL BUDGET 134,727.00 50,000.00 15,000.00 8,000.00 21,010.00 ‐ 25,310.00 9,550.00 ‐ 135,540.00 68,920.00 ‐ ‐ 14,300.00 ‐ ‐ 29,200.00 8,150.00 ‐ ‐ 112,650.00 76,050.00 10,610.00 6,450.00 16,540.00 10,850.00 ‐ 69,200.00 33,710.00 ‐ 26,290.00 ‐ ‐ TOTAL PROJECTS: $882,057.00 TOTAL OPERATING FUND: $3,771,480.00 444,140.00 ‐ 85,590.00 119,970.00 ‐ ‐ 288,150.00 ‐

CURRENT MONTH EXPENDITURES ‐ ‐ ‐ ‐ ‐ ‐ 1,216.49 ‐ ‐ 2,765.83 3,058.16 635.25 ‐ ‐ 570.57 ‐ ‐ 627.48 ‐ ‐ 7,897.32 4,631.01 46.69 49.55 428.16 499.50 ‐ 11,239.03 1,422.14 ‐ 351.00 66.01 ‐ $35,504.19 $310,791.54 ‐ ‐ 346.14 10,804.09 ‐ 121.50 ‐ ‐

YEAR‐TO‐DATE BALANCE OF EXPENDITURES BUDGET REMAINING ‐ 134,727.00 ‐ 50,000.00 ‐ 15,000.00 ‐ 8,000.00 ‐ 21,010.00 50.47 (50.47) 1,399.77 23,910.23 ‐ 9,550.00 4,861.26 (4,861.26) 9,852.10 125,687.90 52,014.08 16,905.92 4,165.34 (4,165.34) 152.42 (152.42) ‐ 14,300.00 4,377.60 (4,377.60) 9,689.69 (9,689.69) ‐ 29,200.00 874.03 7,275.97 797.72 (797.72) 2,062.37 (2,062.37) 24,464.10 88,185.90 13,439.29 62,610.71 8,751.52 1,858.48 572.07 5,877.93 810.67 15,729.33 1,150.57 9,699.43 2,510.16 (2,510.16) 18,993.27 50,206.73 1,606.08 32,103.92 89.64 (89.64) 1,404.66 24,885.34 16,875.32 (16,875.32) 763.60 (763.60) 181,727.80 $700,329.20 $1,199,541.87 $2,571,938.13 ‐ 444,140.00 39.16 (39.16) 2,713.29 82,876.71 28,649.45 91,320.55 24,564.55 (24,564.55) 244.70 (244.70) ‐ 288,150.00 49,505.58 (49,505.58)

% OF BUDGET EXPENDED 0.00% 0.00% 0.00% 0.00% 0.00% ‐‐‐ 5.53% 0.00% ‐‐‐ 7.27% 75.47% ‐‐‐ ‐‐‐ 0.00% ‐‐‐ ‐‐‐ 0.00% 10.72% ‐‐‐ ‐‐‐ 21.72% 17.67% 82.48% 8.87% 4.90% 10.60% ‐‐‐ 27.45% 4.76% ‐‐‐ ‐‐‐ ‐‐‐ ‐‐‐ 20.60% 31.81% 0.00% ‐‐‐ 3.17% 23.88% ‐‐‐ ‐‐‐ 0.00% ‐‐‐

Page 4 of 7

CAPITOL REGION WATERSHE DISTRICT JOB COST DETAIL FOR THE PERIOD MAY 1, 2018 ‐ MAY 31, 2018

JOB COST #/NAME 16853 ‐ Victoria Park Water Features 16881 ‐ Green Line Redevelopment BMP's 16886 ‐ Lauderdale Subwatershed Stormwater Improvement Project 16910 ‐ Special Grants 17910 ‐ Special Grants 18910 ‐ Special Grants 16912 ‐ Selby Milton Victoria 15917 ‐ Harambee Elementary 15 16917 ‐ Swede Hollow Construction 14922 ‐ Model Cities ‐ Brownstone 17925 ‐ Highland Park Sr. High 17928 ‐ Jimmy Lee Play Area 17929 ‐ Wilder Square Condo 16950 ‐ New Office Facility 17950 ‐ New Office Facility TOTAL CAPITAL IMPROVEMENT: 17001 ‐ Debt & Loan Service TOTAL DEBT SERVICES:

2018 ANNUAL BUDGET ‐ 559,490.00 60,050.00 ‐ ‐ 821,700.00 2,880.00 ‐ ‐ ‐ ‐ ‐ ‐ ‐ 8,762,000.00 $11,143,970.00 550,000.00 $550,000.00

TOTAL ALL FUNDS:

$15,465,450.00

CURRENT MONTH YEAR‐TO‐DATE BALANCE OF EXPENDITURES EXPENDITURES BUDGET REMAINING ‐ 1,346.91 (1,346.91) 1,294.34 3,110.67 556,379.33 618.36 12,802.97 47,247.03 ‐ 97.93 (97.93) ‐ 2,427.84 (2,427.84) 2,997.41 14,808.95 806,891.05 ‐ 39.16 2,840.84 ‐ 56,199.04 (56,199.04) 81.45 301.41 (301.41) ‐ 97.90 (97.90) ‐ 75.48 (75.48) 20.36 81.45 (81.45) 20.36 279.49 (279.49) 278,756.82 949,488.15 (949,488.15) ‐ ‐ 8,762,000.00 $295,060.83 $1,146,874.08 $9,997,095.92 ‐ 345,471.47 204,528.53 $0.00 $345,471.47 $204,528.53 $605,852.37

$2,691,887.42

$12,773,562.58

% OF BUDGET EXPENDED ‐‐‐ 0.56% 21.32% ‐‐‐ ‐‐‐ 1.80% 1.36% ‐‐‐ ‐‐‐ ‐‐‐ ‐‐‐ ‐‐‐ ‐‐‐ ‐‐‐ 0.00% 10.29% 62.81% 62.81% 17.41%

Page 5 of 7

CAPITOL REGION WATERSHED DISTRICT PERMITS FOR THE PERIOD MAY 1, 2018 ‐ MAY 31, 2018 PERMIT NUMBER 8032 10029 12017 12023 13023 14003 14005 14009 14018 14020 14022 14026 14034 14041 15002 15007 15013 15024 15029 15030 15040 16007 16008 16011 16017 16018 16019 16020 16021 16023 16024 16025 16026 16027 16028 16029 16032 16033 17001 17002

PERMIT NAME

PERMITTING BUDGET

St. Joseph's Hospital I94 & 280 Cayuga Ford Site Demo Dew Drop Inn State Trunk Highway 5 Resurface Hazelden Redevelopment Waters of Highland Frogtown Farms Primrose School Victoria Park Stormwater Pleasant Ridge East 7th Senior Apartments Higher Ground 2700 University Ramsey County Building Demo Jamestown Homes Saints Tailgating Parking Lot Midway Office Warehouse Farrington Estates Luther Seminary Community School of Excellence Keg & Case Market McMurray Field Rivoli Redevelopment 601 Prior Demo Roselawn Cemetary Dorothy Day Place 2300 Territorial Apartments Linwood Lower School Hmong Academy Expansion Snelling Midway St. Anthony Park Elementary River East School Adams School Boaters Outlet SPJCC Addition AET Campus Expansion Horace Mann Elementary Highland Park Elementary

‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

CURRENT MONTH EXPENDITURES

YEAR‐TO‐DATE EXPENDITURES

354.00 534.00 53.31 776.09 ‐ ‐ 176.50 ‐ ‐ ‐ ‐ 551.69 ‐ ‐ 217.60 427.29 362.84 768.61 ‐ 54.54 821.48 35.54 836.66 71.09 885.86 35.54 125.39 573.11 782.70 736.66 89.50 321.14 977.46 178.67 54.32 71.74 629.80 ‐ 54.32 199.17

354.00 534.00 53.31 2,795.33 36.21 43.33 646.90 54.32 9.05 36.21 9.05 1,758.12 369.32 51.00 782.50 427.29 1,052.17 1,780.58 176.29 335.17 1,666.35 35.54 1,149.25 71.09 2,293.99 243.73 270.21 2,119.43 2,451.11 2,100.76 415.39 10,649.71 2,252.33 522.67 316.84 270.88 2,259.29 132.34 280.61 570.31

BALANCE OF PERMIT BUDGET REMAINING

% OF PERMIT BUDGET EXPENDED

‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

Page 6 of 7

CAPITOL REGION WATERSHED DISTRICT PERMITS FOR THE PERIOD MAY 1, 2018 ‐ MAY 31, 2018 PERMIT NUMBER 17003 17008 17009 17010 17013 17014 17015 17016 17017 17018 17019 17020 17021 17022 17023 17024 17025 18001 18002 18003 18004 18005 18006 18007 18008 18009 18010 18011 18012 18013 18014 18015

18000

PERMIT NAME

PERMITTING BUDGET

CURRENT MONTH EXPENDITURES

YEAR‐TO‐DATE EXPENDITURES

BALANCE OF PERMIT BUDGET REMAINING

% OF PERMIT BUDGET EXPENDED

Como Park Sr. High School SPA Expansion Jackson Street Reconstruction Swede Hollow Great River Schools Residence Inn Grand Avenue Wheelock Dale Victoria Smith Avenue Bridge Dickerman Park Exchange Street Apartments MN United Stadium Hauling Transfer Road Storage Macalaster Theater Building Regions Birth Center Weyerhaeuser Apts.

St. Catherine Library Lot Rice Park Revitalization Sylvan Park Improvements Menards Trnasload Terminal Marydale Park Improvements Como Paving 2018 Higher Ground Academy Wheelock 2018 Woodlawn Jefferson Vomela Beacon Bluff Seal Island at Como Zoo CRWD 595 Aldine Hendrickson Apartments Scheffer Community Center Beacon Bluff Opus Morning Star Met Council Villa Park Sanitary

‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

160.84 736.66 650.34 54.32 54.32 546.52 17.78 179.05 53.31 742.10 107.28 100.72 35.53 661.89 35.53 89.50 225.43 ‐ ‐ ‐ ‐ ‐ ‐ ‐ 94.64 753.06 11.56 272.85 2,066.37 1,855.56 1,836.64 1,072.29

387.14 2,101.88 746.48 162.95 298.73 2,046.02 17.78 504.95 53.31 2,135.36 206.83 519.64 278.01 947.53 751.02 448.64 1,966.42 1,952.76 2,950.10 1,212.96 1,374.50 1,343.92 517.66 993.41 1,660.00 888.84 1,543.36 1,024.95 2,768.37 1,855.56 1,836.64 1,072.29

‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

Sub‐Total: Permits

‐

24,170.71

77,943.99

‐

‐

8,500.17 32,670.88

53,593.13 131,537.12

‐ $33,512.88

‐ 79.70%

General Permitting TOTAL PERMITS:

‐ $165,050.00

Page 7 of 7

June 19, 2018 V. Action Items C. AR: Approve McCarrons AIS Plan (Sellner)

DATE: TO: FROM: RE:

June 11, 2018 CRWD Board of Managers Joe Sellner, Water Resource Technician McCarrons AIS Plan

Background In 2014 and 2015, the District participated in aquatic plant harvesting in Lake McCarrons. During the District’s work on harvesting aquatic plants, it became apparent that consideration of aquatic invasive species (AIS) is an important aspect of active management of all biota in the lake. On February 1, 2017 the Board of Managers authorized a consultant services agreement with Wenck Associates for the development of a Lake McCarrons AIS Plan. A draft version of the plan was presented to the Board at the April 18, 2018 meeting.

Issues The draft plan was reviewed with a TAC consisting of City, County and DNR representatives on April 2.

A public meeting on the draft plan was held May 22 followed by a comment period open until June 1.

District staff worked with Wenck Associates to revise and finalize the McCarrons AIS Management Plan (enclosed) based on the input received. Staff will review the final plan and comments received with the Managers.

Requested Action: Adopt the Lake McCarrons Aquatic Invasive Species Management Plan enc: Lake McCarrons Aquatic Invasive Species Management Plan, dated June 11, 2018 (Digital Only) W:\06 Projects\McCarrons\AIS Plan\Board Memo AIS Plan 06-11-2018.docx

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District.

Lake McCarrons Aquatic Invasive Species Management Plan

Capitol Region Watershed District Saint Paul, MN June 11, 2018

Wenck File # 1486-0063 June 2018

Lake McCarrons Aquatic Invasive Species Management Plan

Prepared for:

Capitol Region Watershed District

1410 Energy Park Drive, Suite 4 St. Paul, MN 55108

Prepared by: Tom Langer WENCK 7500 Olson Memorial Hwy Suite 300 Golden Valley, MN 55427 Phone: 763-252-6800 Fax: 763-479-4242

Table of Contents 1.0

INTRODUCTION .......................................................................................... 1-1 1.1

2.0

Project Purpose ....................................................................... 1-1

CURRENT STATE OF LAKE MCCARRONS....................................................... 2-1 2.1 2.2 2.3 2.4

Overview of Lake McCarrons ..................................................... 2-1 Water Quality ......................................................................... 2-1 Biotic Communities .................................................................. 2-1 Summary of Current Conditions ................................................ 2-4

3.0

AIS MANAGEMENT FRAMEWORK ................................................................. 3-5

4.0

AIS MANAGEMENT ...................................................................................... 4-6 4.1 4.2 4.3

Established Populations .......................................................... 4-6 Threatening Populations ........................................................... 4-8 Rapid Response to New Infestation .......................................... 4-13

5.0

COORDINATION.......................................................................................... 5-1

6.0

REFERENCES ............................................................................................... 6-1

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TABLE OF CONTENTS (CONT.) TABLES Table 2-1. Lake McCarrons averaged frequency of occurrence from annual sampling efforts and corresponding floristic quality index summary............................................. 2-3 Table 4-1. Infested Waters Species. .......................................................................... 4-8 Table 4-2. Exposure risk index. ................................................................................. 4-9 Table 4-3. Habitat conditions index. ........................................................................ 4-10 Table 4-4. Similar species index. ............................................................................. 4-10 Table 5-1. AIS management framework tasks, responsible parties and timeframe. .......... 5-1 FIGURES Figure 2-1. Bathymetry of Lake McCarrons and main AIS vectors into the lake. .............. 2-1 Figure 2-2. Lake McCarrons historical annual average Secchi/TP/Chl-a comparison. Image copied (CRWD, 2016). ................................................................................... 2-1 Figure 2-3. Biotic community health continuum portrayed using submerged aquatic vegetation. ................................................................................................... 2-2 Figure 2-4. Lake McCarrons total fish catch summaries by species or trophic guild. ......... 2-4 Figure 3-1. AIS management framework for Lake McCarrons. ....................................... 3-5 Figure 4-1. Target habitats for AIS within Lake McCarrons............................................ 4-1 APPENDICES A B C

Vegetation Treatment Suitability Assessments Context to Risk Assessment

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1.0 Introduction 1.1

Project Purpose

Lake McCarrons is a 73-acre lake located in Roseville, Minnesota. Lake McCarrons is known to have established populations of three aquatic invasive species (AIS): Eurasian watermilfoil (Myriophyllum spicatum; EWM), curlyleaf pondweed (Potamogeton crispus; CLP) and common carp (Cyprinus carpio). As the only lake within the Capitol Region Watershed District (the District) with a public boat launch, Lake McCarrons is likely the most prone to further introduction of AIS as human boat traffic is a primary vector of AIS movement across the landscape. In 2014 and 2015 the District was involved with harvesting of aquatic plants (including AIS) for the sole purpose of increased recreation access. Through this involvement it became apparent to the District that consideration of AIS and their influence on Lake McCarrons should be an important aspect of active management on Lake McCarrons.

The District’s mission is to protect, manage and improve the water resources within the watershed. With growing concern of AIS within the state of Minnesota, the District identified a need to develop an AIS management plan for Lake McCarrons. The goal of this plan is to develop a framework to managing AIS that:    

Controls existing AIS populations within Lake McCarrons Prevents the introduction of new AIS into Lake McCarrons Includes current and unforeseen AIS Involves multiple stakeholder groups

Efforts to minimize the influence of AIS across the state are being researched with new techniques and methods being pursued, therefore this plan provides the current state of knowledge and is meant to be updated and complimented with new data and information as it becomes available. The sections of the plan include: 

Section 2.0 provides an overview of the current condition of Lake McCarrons, outlining the water quality and biological condition of Lake McCarrons. This section provides context to the importance of AIS management and protection initiatives for Lake McCarrons.



Section 3.0 outlines an AIS management framework developed specifically for this project. This section provides a general breakdown of the framework and how it will be used to manage AIS.



Section 4.0 discusses the evaluation and determination of appropriate actions for managing AIS populations pertaining to Lake McCarrons. This section follows the AIS management framework outlined in Section 3.0.

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2.0 Current State of Lake McCarrons Deep lakes of Minnesota persist across a continuum of water quality and biological health, from clear waters and highly diverse native biotic communities to turbid algal-dominated waters with little biotic diversity. A healthy lake ecosystem provides numerous ecosystem services from foraging, spawning and nursery habitats for fish, macroinvertebrates, and waterfowl, to the sequestering and recycling of nutrients, carbon, and pollutants, to various aesthetic and recreational opportunities. Water quality and biotic community conditions within the lake serve as surrogates to quantify the condition of these ecosystem services and the overall health of the lake. This section provides a general description of Lake McCarrons and the condition of water quality and biotic communities within the lake. Understanding the current health of Lake McCarrons provides context and value to restoration and protection initiatives.

2.1

Overview of Lake McCarrons

2.2

Water Quality

Lake McCarrons is a deep lake with sharp depth changes along the north and south shorelines, gradual depth changes along the east and west shorelines, and a deep open water area in the center of the basin (Figure 2-1). These bathymetric characteristics provide various habitat conditions across the basin. The western littoral (depth ≤ 15 ft.) area is comprised of soft sediments, heavy vegetation growth and a stream inlet. The eastern littoral area is comprised of harder sediments, limited vegetation growth, a public park, boat launch and fishing pier. The northern and southern littoral areas are comprised of residential landscape and a narrow band of aquatic vegetation growth. This diversity of habitats and substrate within the basin support various native species and, consequently, non-native AIS as well. Due to the lake’s diverse habitat, no single species is believed to be able to dominate the entire basin.

Water quality condition in Minnesota lakes is evaluated using three parameters: total phosphorus (TP), chlorophyll-a (Chl-a), and Secchi depth. TP is a limiting nutrient for algal growth in lakes, Chl-a correlates to algal biomass as it is the primary pigment in aquatic algae, and secchi depth is a physical measurement of water clarity. These parameters are interrelated and serve as proxies to describe water clarity and lake productivity, therefore, as nutrient and lake productivity increase we typically see an increase in TP and Chl-a concentrations and a decrease in Secchi depth and water clarity. The decrease in water clarity due to algal production equates to a decrease in light penetration through the water column causing a shading effect on the submerged aquatic vegetation (SAV) community.

SAV communities impacted by light limitation often have reduced species richness, a decreased vegetation coverage, biomass and maximum growing depth, and have growing conditions that favor turbid tolerant species. A loss in SAV also has cascading impacts up the food web to other communities (fish, invertebrates, waterfowl) within the lake.

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Figure 2-1. Bathymetry of Lake McCarrons and main AIS vectors into the lake.

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2.2.1 Lake McCarrons Water Quality Condition The water quality of Lake McCarrons has been a focus of monitoring since the late 1980s.

Early monitoring records documented elevated TP and Chl-a concentrations and poor Secchi depth suggesting a poor water quality condition. In response to impaired water quality conditions, the District pursued an aluminum sulfate treatment in 2004. Since 2004 the lake has significantly improved in water quality and no longer exceeds impairment threshold for Secchi, TP and Chl-a (Figure 2-2). Current water quality conditions of the lake are supportive of a healthy aquatic ecosystem.

Figure 2-2. Lake McCarrons historical annual average Secchi/TP/Chl-a comparison. Image copied (CRWD, 2016).

2.3

Biotic Communities

Biotic communities play an important role in maintaining water quality and ecosystem health. Healthy, native, and diverse vegetation, fish and invertebrate communities support greater ecosystem resilience to disturbances and promote water quality. AIS can diminish the services provided by a healthy ecosystem by displacing native organisms, altering food webs, and impairing recreational opportunities. However, drastic shifts in ecosystem functions do not always occur and AIS can coexist with native species below detrimental densities. The Minnesota Department of Natural Resources (MnDNR) has developed tools that utilize biotic community based information (AIS included) to monitor and evaluate the health of the lake ecosystems through an organism-disturbance framework. These tools provide a numeric score based on the community composition that can be compared to impairment thresholds to quantify lake health from a biotic perspective.

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2.3.1 Lake McCarrons Vegetation Community Condition Many people perceive SAV as “weeds� portraying a negative connotation to vegetation in lakes. While nuisance levels of AIS and other SAV can diminish lake health, understanding the importance of SAV as habitat, food, a nutrient recycler and a sediment stabilizer provides value to restoration and/or protection initiatives (Figure 2-3).

Figure 2-3. Biotic community health continuum portrayed using submerged aquatic vegetation.

The MnDNR’s Floristic Quality Index (FQI) is an assessment tool used to determine the biological health of the SAV community. The FQI utilizes species richness and the habitat specificity (C-score) of each species identified to score community health (Equation 1).

Scores are compared to a threshold for context and classification of biological impairment status. Greater scores typically are comprised of diverse native communities with decreased scores losing diversity and increasing monodominant communities to habitat patches void of species (Figure 2.3).

Equation 1.

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Point intercept surveys were conducted every summer month from 2014-2016 on Lake McCarrons. During a given survey year, 11-14 species of submerged and floating leaf species were observed within Lake McCarrons. The majority of the vegetation growth has been observed within the western littoral area of the lake and supported high occurrences of coontail and EWM. The vegetation community did not meet the biological impairment thresholds for FQI in 2014- 2016 and for species richness in 2014- 2015 (Table 2-1) suggesting impairment in aquatic life for vegetation within the lake.

Impaired FQI scores are the result of observing a reduced number of species and/or the current species observed having relatively low C-scores (common species). Lake McCarrons’ vegetation community would benefit from increased species richness and/or an increased presence of more habitat specific species. Impaired FQI scores are most often associated with external nutrient loading, internal nutrient loads, and/or other human disturbances (i.e. watershed disturbances, shoreline degradation, SAV treatments, AIS introductions) to the vegetation community. With recent improvements to the water clarity of Lake McCarrons, impaired vegetation communities are not believed to be the result of current water clarity conditions in the lake, therefore other factors are likely more limiting to the SAV community.

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Table 2-1. Lake McCarrons averaged frequency of occurrence from annual sampling efforts and corresponding floristic quality index summary.

FQI Score FQI Status Species Richness Species Richness Status Common Name Scientific Name Coontail Ceratophyllum demersum Muskgrass Chara sp.

Canada waterweed Elodea canadensis Lesser duckweed Lemna minor Eurasian watermilfoil Myriophyllum spicatum Slender naiad Najas flexilis White water lily Nymphaea odorata Sago Pondweed Potamogeton pectinata Large leaf pondweed Potomogeton amplifolius Curly-leaf pondweed Potomogeton crispus Leafy pondweed Potomogeton foliosus Clasping pondweed Potomogeton richardsonii White-water Crowfoot Ranunculus aquatilis Wild celery Valisneria americana Watermeal Wolffia spp

C-Score 3 7 3 5 3 6 6 3 7 3 6 5 7 6 6

16.6 Impaired 11 Impaired 2014 49.8 9.8 1.7 -42.2 17.6 4.8 -3.3 1.7 4.9 6.3 -4.8 --

16.0 Impaired 11 Impaired 2015 44.7 -1.4 -69.9 17.1 7.9 -13.5 17.8 1.3 1.3 -5.4 1.3

*MnDNR deep lake impairment threshold for 2b Ecoregion FQI = 18.6, species richness = 12.

18.2 Impaired 14 Supporting 2016 56.3 3.7 1.7 11.0 52.3 16.7 14.3 4.0 -4.0 12.7 8.0 4.3 10.3 6.3

2.3.2 Lake McCarrons Fish Community Condition Indices of Biotic Integrity (IBIs) are currently being developed by the MnDNR to assess the health of fish communities in deep lakes throughout Minnesota. Lake McCarrons does not fit the minimum size requirement (>100 acres) to be considered an assessable lake with current IBIs. However, trap and gill net surveys have been conducted on the lake allowing inferential assessment of the fish community within the lake. A community comprised of many species from different trophic guilds is viewed as healthy and supporting of ecosystem services.

11 recorded trap and gill net surveys have been conducted on Lake McCarrons since the 1950s. Throughout these surveys a total 19 different species have been observed within the lake with swings in community balance (Figures 2-4). The most recent 2016 survey observed 11 species and a relatively balanced fishery between trophic guilds. A variety of total lengths were observed within these species classifications suggesting that multiple year classes also exist with the lake. Surveys observed a limited amount of benthivore species (i.e. carp, bullhead). These results suggest that the fishery on lake McCarrons is in relatively good condition.

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Figure 2-4. Lake McCarrons total fish catch summaries by species or trophic guild.

2.4

Summary of Current Conditions

Overall the current condition of water quality and biotic communities within Lake McCarrons suggest a relatively healthy ecosystem. Lake management activities should focus on protection and enhancement to continue promoting water quality and a healthy lake ecosystem.    

McCarrons provides various habitat conditions due to the lake bathymetry.

Overall water quality conditions within Lake McCarrons have improved significantly since the 2004 alum treatment.

McCarrons’ vegetation health is slightly below biological impairment thresholds due to lack of species and/or habitat specific species.

McCarrons’ fish community appears balanced with limited occurrence of undesirable species.

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3.0 AIS Management Framework A step-wise process and criteria based approach was developed in which AIS will be managed on Lake McCarrons (Figure 3-1). A step-wise process assists CRWD with making management decisions pertaining to AIS within or concerning to Lake McCarrons with relative ease and clarity. The framework is not limited to any species, sampling method, or treatment option, rather, its generality allows any AIS to be reviewed. The framework is adaptive and agile to accommodate species with limited information, yet, supports species specific indices as they become available or are developed to update the District’s management decisions. The framework is intended to be data driven from monitoring efforts, however, some subjective assignment was inevitable in developing this framework due to limited knowledge of current and future AIS.

Evaluation * return here

Population Type Established

Population Status

Action

Degrading/ Nuisance

Treat & Monitor *

Co-existing Wild Infestation

Evaluation

New

Threatening

* Monitor *

Species of Localized Concern

Rapid Response *

High

Early Detection & Prevention *

Moderate

Prevention *

Limited

Awareness *

Figure 3-1. AIS management framework for Lake McCarrons.

The framework starts with an initial evaluation of the community and assignment of an AIS population to one of three population types: Established, New or Threatening. If an AIS is present in the lake, the use of historic monitoring efforts or date of infestation information can be used to determine whether the population is New or Established. AIS not present or documented in the lake are considered a Threatening population. Threatening is not used to imply harm, rather to acknowledge that further review and assessment is needed to determine the level of threat posed by the AIS. Following the evaluation and assignment of a population type, each AIS population is subject to a population status review. The review uses criteria to assign a population status which dictates the ensuing action appropriate to managing the AIS population.

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4.0 AIS Management 4.1

Established Populations

Established populations are those that have a historic record of occurring in the lake and no documentation that they have been eradicated. Established AIS populations are either a degrading/nuisance population or a coexisting population that is interspersed with the native species in the community. Populations status determination is made using density and coverage criteria. Greater density and coverage indicates greater AIS impact or nuisance potential.

4.1.1 Degrading/ Nuisance populations Degrading populations of AIS impact the health, recreational and/or aesthetic pleasure provided by Lake McCarrons. It is the intention of CRWD to evaluate the feasibility of AIS treatment when an established AIS population becomes degrading or a nuisance on Lake McCarrons. The population status criteria are intended to maximize the effectiveness of treatment activities, protect native biotic communities, and conserve resources for AIS populations that can be effectively managed. Degrading/ nuisance populations are considered to exist when: EWM and CLP populations:  Occur in an area at least five contiguous acres in size (Appendix A).

-And Occur in a monoculture (>75% of total observed biomass); (Langer et al. 2017) Common Carp populations:  When density estimates surpass 100kg/ha (89lbs/acre) across the basin (Bajer et al. 2009).

An established AIS population that does not meet the prior criteria will be classified as a coexisting population (see section 4.1.2).

If a new infestation AIS population (Section 4.3) is reclassified as an established species the following criteria will be used unless updated research for the species can provide more effective criteria for defining a degrading/nuisance population. Population status assignment for submerged aquatic vegetation AIS will follow above EWM and CLP criteria, fish AIS will follow common carp criteria, and no invertebrate population control/ eradication efforts have been conducted on a lake ecosystem to our knowledge, therefore, established invertebrate population criteria need to be evaluated and reviewed with the MnDNR AIS Specialist if they become established within the lake.

Treatment Treatment feasibility assessment will be pursued once a population reaches a degrading/nuisance population level. Treatment will be pursued if determined to be economically feasible and likely to have a net positive impact on lake health. Treatment activities are intended to control the population, not eradicate it, resulting in a population change from degrading/nuisance to co-existing. Eradication is welcomed but can be economically draining and may be biologically detrimental to do so. During the feasibility assessment, a review of the current treatment options and discussion with the MnDNR AIS

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Specialist will be conducted to determine the most effective and appropriate treatment. The treatment methods, rules and regulations governing AIS are subject to change in years to come. The District will pursue best management strategies that abide by regulation changes with the goal to protect or enhance the biotic community condition within Lake McCarrons.

The most current management guidance for the District pertaining to vegetation, fish and macroinvertebrate AIS as of April 2018 are: (http://www.dnr.state.mn.us/invasives/laws.html) Aquatic Plant Management The management of aquatic plants in public waters in Minnesota is regulated by Minnesota Statute, Section 103G.615, Chapter 6280. Public waters are described by the state as body of water 2.5 acres or larger within a city limit or 10 acres or larger in a rural setting. Certain management activities do not require a permit as they are intended for individual property owners to pursue on a relatively local scale. The District will only pursue management activities that require an Aquatic Plant Management (APM) permit as these efforts pertain to relatively larger ecosystem scale activities that have a greater overall impact on the lake. Greater detail to the rules, regulations and current methods for managing aquatic plants in Minnesota lakes and a description of common management techniques is provided in Appendix A. Invertebrate Management The management of invertebrate communities are managed by the MnDNR within public lakes. Historically, invertebrate populations are a less managed and sampled species by the MnDNR and have been evaluated within the research division of the agency. The most common form of invertebrate management is intended to treat swimmers itch in which pesticide applications are used to target the host (snails) of the parasite. Regulations that do exist are primarily related to specific transportation and treatment of invertebrate AIS. Minnesota prohibits placement (or the attempt to place) into state waters a watercraft, trailer, or plant harvesting equipment that has invasive species attached (i.e. zebra mussels); (Minn. Stat. ยง 84D.10). Minnesota requires a person leaving state waters to drain boating-related equipment before transporting the watercraft and associated equipment on to public roads (Minn. Stat. ยง 84D.10 and Minn. R. 6216.0500).

Fisheries Management The management of fish communities within public lakes is managed by the MnDNR fisheries division. The use of barriers, exclosure, enclosures or any methods that capture and collect fish in public waters requires permitted approval by the MnDNR. The transportation and stocking/dumping of fish into a waterbody also requires MnDNR approval. Certain instances where barriers or structures alter the flow of water will require additional permitting through the MnDNR Ecological and Water Resources division.

Treatment Monitoring If any treatment activity is pursued, specific evaluation protocols should be developed to collect pre- and post- treatment community information. This level of information will assist with determining the effectiveness of treatment activity(ies) and whether adjustments to treatment methods need to be made. In addition to a specific treatment evaluation protocol, the basin wide sampling protocol and sampling schedule should be maintained so that a change in the population status can be determined. When the population status is downgraded to one that is co-existing, treatment may need not be pursued.

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4.1.2 Co-existing Populations Co-existing AIS are not perceived to cause significant ecological degradation or nuisance impairments on a basin-wide scale. It is the intention of CRWD to monitor co-existing AIS populations with no treatment. A population will be considered co-existing if it does not meet the criteria to be considered a degrading/nuisance population (Section 4.1.1).

Monitoring A co-existing population of AIS does not require treatment as the efforts to eradicate the population are costly and may have negative and unintended consequences to the native communities within Lake McCarrons. Rather, continued monitoring will ensure that the District is vigilant to population changes and appropriate actions are implemented.

4.2

Threatening Populations

Many AIS could become established in Lake McCarrons, however, their ability to colonize and reach degrading/nuisance levels is species dependent and warrants species specific management consideration. Population status classifications were developed to simplify and organize threatening species for management purposes. A threatening population is classified as a species of high, moderate or limited concern.

Exposure and habitat suitability criteria are used to determine the correct population status and the ensuing management action. Context, criteria and management actions are provided in the following subsections.

4.2.1 Threatening Invaders The list of threatening and emerging AIS in Minnesota continues to grow as we begin to understand the ecology of AIS and assess our nation’s waterbodies. The MnDNR currently considers 16 species on its Minnesota infested waters species list (Table 4-1). Certain AIS that have a long historic presence in Minnesota (CLP and common carp), widespread distribution and/or are regulated by the MnDNR (i.e. Rusty Crayfish) are not placed on the infested waters list, yet, these species are AIS and will be managed as such by the District.

Any foreign species that can be introduced may be considered a threat, however, not all foreign species that are introduced become established. If an AIS does become established it may or may not reach densities that cause significant ecological or nuisance impairments.

The ability of a foreign species to invade a new area and proliferate is related to exposure events and habitat suitability of a given waterbody (Equation 2).

Equation 2.

Table 4-1. Infested Waters Species.

Organism Type Fish Fish Fish Fish Fish Fish Invertebrate Invertebrate Vegetation Vegetation Vegetation Vegetation Vegetation Invertebrate Invertebrate Invertebrate

Species

bighead carp grass carp round goby ruffe silver carp white perch faucet snail New Zealand mud snail Brazilian waterweed brittle naiad Eurasian watermilfoil flowering rush starry stonewort red swamp crayfish spiny water flea zebra mussel

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4-8

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Exposure risk indices predict the likelihood of new introduction, while suitability potential indices predict the likelihood of successful establishment and proliferation once introduced.

Since each AIS has its own exposure rate and suitability preference, predicting AIS establishment is highly variable. To assist with understanding the threat posed by an AIS to Lake McCarrons, a rapid assessment tool was developed to review any AIS with a limited base of information. This tool utilizes a rudimentary approach in assigning risk ratings to one exposure risk and two suitability potential indices for a given AIS. Under each index a species receives a rating of high, moderate, low or minimal. Once assigned a rating, achievement criteria are used to determine the establishment threat status of a given AIS population. A given threatening population is assigned a status of high, moderate or minimal which dictates the appropriate management action(s). The following subsections describe this tool in greater detail and how it is used to determine the threat status of an AIS population.

4.2.2 Exposure Risk Movement of AIS across the landscape is largely attributed to unintended movement via boat traffic. Modeling exposure risk associated with boat traffic movement requires highly detailed information about where boat movement is occurring, how frequently and from which lakes. It also requires knowing whether the boats moving between lakes carry viable AIS. This network of connections is complex and requires large sources of information which limits rapid assessment. However, Lake McCarrons is thought (assessed through boat launch inspection surveys) to receive the greatest amount of traffic from relatively local groups. AIS transported shorter distances have an increased likelihood that they can encounter suitable conditions sooner than species that are transported greater distances. An Table 4-2. Exposure risk index. exposure risk index was developed based on Exposure Risk Location proximity to Lake McCarrons (Table 4-2).

High In Watershed District Municipal boundaries were used rather than a Moderate In County direct radius measurement, as AIS efforts are Low In Adjacent County often managed at municipal limits, thus providing Minimal Greater Minnesota means to govern and manage boating traffic.

4.2.3 Suitability Potential Climatic conditions, in lake habitat, and biotic interactions influence suitability for AIS establishment. A species’ fundamental niche is often thought of as the environmental conditions that support a given species, whereas, a species’ realized niche is where it is observed. The realized niche is smaller than the fundamental niche as additional factors limit the species from occurring (i.e. competition, barriers, climate). Modeling suitability requires an understanding of both niche spaces requiring site specific information and an understanding of the biology for a given species which limits rapid assessment.

Suitability was modeled using two different indices: habitat condition and similar species indices. Both indices may not always be utilized due to unknown information. In cases where both indices are used and have differing potential classifications the higher of the two ratings (conservative approach) will be used to describe suitability.

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4.2.3.1.1 Habitat Conditions Indices Table 4-3. Habitat conditions index.

Habitat conditions are associated with Suitability Potential Available Habitat/Resources food/nutrient availability, habitat High Yes (widespread) conditions, and open niche space to Moderate Yes (moderate) become established. The current Low Yes (limited) understanding of suitable conditions is Minimal No (poor) highly variable among AIS and various suitability assessments can be considered. Specific indices do exist for certain AIS (Appendix B); however, their specificity limits their use to select species or systems. A general habitat conditions index was developed to provide rapid assessment of suitable conditions (Table 4-3).

4.2.3.1.2 Similar Species Index Many AIS have a similar native counterpart (i.e. northern watermilfoil and Eurasian watermilfoil) or come from a similar family (i.e. muskgrass and starry stonewort are charophytes) in which they often compete for similar resources and occupy similar niches.

Reviewing current and historic species lists and observed locations within a lake Table 4-4. Similar species index. provides context to whether and where Suitability Potential Similar species (abundance) conditions may persist to support a High Yes (widespread) specific AIS. Not all AIS may have an Moderate Yes (moderate) existing counterpart but still pose a Low Yes (rare) threat to the lake. A similar species index Minimal No was developed to provide additional suitability assessment (Table 4-4).

Establishment Threat The suitability potential and exposure risk indices were used to assign ratings for a threatening AIS. These are compared to different achievement criteria to determine a population status. Threatening populations are classified into one of three levels with specific management actions recommended for each. A species’ threat can be: 1. High High threat species pose the greatest concern to the ecological and recreational health of Lake McCarrons. It is believed that these species, if established, could quickly become a degrading/nuisance population within Lake McCarrons. A species will be considered a high threat if it has:  A moderate or higher suitability (habitat conditions or similar species) rating.

-And A moderate or higher exposure risk rating.

2. Moderate Moderate threat species pose a similar concern for the health of Lake McCarrons but are currently limited by either distance or suitability. Specifically, a threatening species of moderate concern differs from a high concern species in one of two ways: its proximity to Lake McCarrons is more distant or its suitability preference is limited within the lake. A species will be considered a moderate threat if it has:  A moderate or higher suitability (habitat conditions or similar species) rating.

-Or A moderate or higher exposure risk rating.

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Species that are considered a moderate threat due to meeting the suitability criteria are a concern because distance (exposure events) is the limiting factor for establishment in Lake McCarrons. If these species become established they would have the ability to co-exist within the community and possibly reach degrading/nuisance levels.

Species that are considered a moderate threat due to meeting the proximity criteria are a concern because they have a greater probability of being exposed to Lake McCarrons. These species have a reduced likelihood of becoming established if introduced due to the habitat conditions. If these species did become established would only persist at a co-existing population level. However, lake conditions are not stable over time and conditions could become more favorable to the species increasing the likelihood of establishment due to increased habitat suitability. If they became established they could reach degrading/nuisance population levels.

3. Limited Limited threat species pose a limited concern for the health of Lake McCarrons.

These species are not close in proximity and the current habitat conditions within the lake are believed to poorly support the species. A species will be a limited threat if it has: ď ° A suitability (habitat conditions or similar species) rating less than moderate.

-Andď ° An exposure risk rating less than moderate.

4.2.4 Management Actions Appropriate management action(s) will be dictated by the population status of threatening AIS species. Awareness and acknowledgement of limited concern AIS will be documented by the District but will not be the sole reason for greater management activities. These species are not perceived to cause an immediate threat to the lake and a conservation of resources is thought to be a greater need. Prevention efforts will be assessed for all AIS of high or moderate concern. These species pose a greater level of threat to the lake and are thought to be worth the resources needed to pursue preventative actions. Early detection monitoring will be assessed for all AIS of high concern. High concern species pose the greatest threat to the lake and a high level of preventative actions and early detection monitoring are worth the resources needed to pursue these actions. Greater detail of these actions is provided in the following subsections.

Prevention Preventing the spread of AIS is often thought to be the most effective AIS management technique. Prevention techniques are not limited to a specifically defined list of items, rather, they are intended to be variable and adaptive depending on target audience and available resources. The MnDNR has established regulations and a list of various prevention techniques and materials. The prevention techniques, renditions of these techniques or new and creative techniques can be pursued by the District. Prevention techniques consist of regulations, education and outreach. (http://www.dnr.state.mn.us/invasives/ais/outreach.html) 4.2.4.1.1 Transporting Species Regulations Minnesota has developed several state laws and a tiered system intended to minimize the introduction and spread of invasive species in the state. Species are classified into one of four categories: prohibited, regulated, unregulated nonnative species, or are unclassified and remain as unlisted nonnative species. The classification system establishes the level of regulation and allowable uses for each species. (http://www.dnr.state.mn.us/invasives/laws.html)

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4.2.4.1.2 Education & Outreach Outreach and educational opportunities provide individuals and community members the ability to contribute to AIS prevention efforts. These efforts can vary in their design, target audience and who participates, but all can fall under the prevention action item.

Suggestions from the MnDNR: Hands on  Boat inspectors  Early detectors trainings  Youth events  Educational showcases  Field visits

Print materials  Brochures  Calendars  Fact sheets  Watch cards  Boat launch signs  Door hangers

Example The University of Minnesota based Minnesota Aquatic Invasive Species Research Center (MAISRC) has developed an AIS detection program that looks to train citizen scientists and professionals to monitor changes in populations of AIS over time and in specific locations (link to website). There is a minimum level of service required to become a certified AIS Tracker. The program provides a unique hands-on experience for people to learn how to identify and report information about AIS populations.

The Stop Aquatic Hitchhikers national education program began in 2002 and was designed to raise awareness and empower people to become part of the solutions to AIS management (link to website). The program’s primary message is Clean, Drain, Dry (and Dispose for anglers) which has been adopted in the state through local water groups. The MnDNR supports the clean, drain and dry program by mandating the following regulations to prevent the spread of AIS across waterbodies:  A person leaving waters of the state must drain all water from water-related equipment, including bait containers, live wells, and bilges, by removing the drain plug before transporting the watercraft and equipment from the water access or riparian property.  Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while transporting watercraft and water-related equipment.  A boat lift, dock, swim raft, or associated equipment that has been removed from any water body may not be placed in another water body until a minimum of 21 days have passed.

Early Detection Early detection monitoring is a priority for threatening populations of high concern. Early detection efforts can reduce the probability of an introduction becoming an established population. Early detection efforts range in their expense and investigation depending on the AIS, available resources and knowledgeable identifiers. In some cases, early detection may require certain sampling equipment or the ability to access different areas of the lake.

Early detection monitoring is intended to target specific areas/locations where AIS may enter the lake or are most likely to establish a stronghold. Areas to include in early detection monitoring on Lake McCarrons include:  Public boat launch  Public fishing pier and beach  Inlet to the lake

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Additional sampling areas should be considered within the lake depending on the species.

Vegetation grows most heavily along the western littoral area but also along the northern and southern shorelines. Random patches in these locations could be selected for detection monitoring. Invertebrate and fish AIS pose a more difficult target organism as they are relatively mobile species. When implementing detection, it is important to look in areas where the species is most commonly observed during various life stages and at a given time of the year. Identification of these different habitat areas are outlined in Figure 4-1 and were developed from historic vegetation surveys. Specific sampling rigor should be vetted with groups conducting the assessment and/or depending on available resources.

Ramsey Conservation District (RCD) and Ramsey County currently conduct routine biological monitoring on Lake McCarrons. Monitoring includes twice yearly basin-wide point intercept surveys to assess the vegetation community, yearly zebra mussel veliger tows, and periodic inspection of the boat launch area for zebra mussels and invasive vegetation species.

Examples Minnehaha Creek watershed district has implemented an early detection monitoring plan which has initiated a rapid response in two different lake ecosystem: Christmas Lake (link to publication) and Lake Minnewashta (link to report). The success of these two ecosystems varied yet provide examples of how early detection monitoring plays an important role in AIS management of high concern AIS populations.

4.3

Rapid Response to New Infestation

In responding to new invasions time is critical. A timely response is the best predictor of eradication success. Acting fast will minimize the potential for the species to spread across the lake where cost, logistics and feasibility of treatment quickly become overwhelming, decreasing treatment success.

Responding to new invaders is dramatically influenced by the amount of monitoring conducted or execution of an early detection program.

The dynamics between a given AIS and Lake McCarrons is unique, therefore, no single response strategy can be predeveloped and applied in all situations. However, a general theme and approach can be applied to ensure timely and effective measures are taken. Initial response should: 1. Monitor – Make the detection 2. Report - Report the suspected detection 3. Confirm – state or private specialists can confirm the species identity 4. Communicate – Inform public of incident Suspected detections (step 1) will be handled by the District. These initial inquiries will be reviewed and directed to the MnDNR AIS specialist (step 2) as needed or to confirm the species (step 3). CRWD will work with the MnDNR on communicating new AIS occurrence within Lake McCarrons to the public (step 4). After confirming a positive identity, an assessment will determine what type of infestation has occurred and what the ensuing action will be. A new occurrence will be classified as either a localized species of concern infestation or a wild infestation. Coverage and suitability criteria will be used to determine the correct population status.

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RCD is preparing species specific rapid response plan frameworks, contractors and treatment options that will serve as supplemental guidance for CRWD and the McCarrons AIS Management Plan.

4.3.1 Localized Species of Concern A localized species of concern is a population that poses a significant ecological detriment or nuisance level threat, is spatially localized, eradication success is high, and any treatment will have a minimal impact on the native community. A species will be considered a localized species of concern if:  The species has a moderate or higher suitability rating (Section 4.2).

-And Initial infestation is localized to a contiguous area no greater than one acre in size.

4.3.2 Wild Infestation A new infestation of an AIS population will be considered a wild infestation on Lake McCarrons when the population is not localized or it is not a significant threat to the lake. A species will be considered a wild infestation if:  The species has a suitability rating less than moderate (Section 4.2).

-Or Initial infestation is greater than one contiguous acre.

4.3.3 Management Actions Appropriate management action(s) will be dictated by the population status of new infestations. New infestations are subject to one of two management actions: monitor the population or rapidly respond to the new occurrence. The rapid response scenario requires a high level of cost, time and effort. A feasibility and logistic assessment will be conducted as part of the initial response plan to ensure all required activities can be carried out to have the greatest likelihood of eradication.

Rapid Response (Treatment) Treating a new infestation is meant to target localized species of concern infestations.

Species identified as such in the lake will proceed with the following response strategy: 1. Feasibility Assessment – Review locations, control options, methods, funding 2. Execute the Plan – Execute response and control measures 3. Follow up Monitoring – Determine effectiveness of plan execution The District along with the MnDNR will conduct a feasibility assessment (Step 1). Local partners and stakeholder groups (MnDNR Communications, neighborhood association, City, and local partners) will be brought into the development and execution of the developed plan (step 2) If a treatment occurs then appropriate follow-up monitoring and evaluation will follow (step 3) to determine success of eradication efforts and that the species has not spread to other areas of the lake.

Monitoring Only Monitoring only will occur when a new infestation is considered a wild infestation. Wild infestation scenarios present concerns with the populations coverage, eradication feasibility or treatment that would result in significant impacts to the native community. Continued monitoring of the population will evaluate the impact it has on Lake McCarrons. Should a wild infestation become an established population, large scale treatment may occur if the population reaches degrading or nuisance levels within the lake (Section 4.1).

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Figure 4-1. Target habitats for AIS within Lake McCarrons.

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5.0 Coordination Effective coordination among stakeholders is essential if AIS are to be managed successfully within Lake McCarrons. It is important to recognize the various stakeholders, their interest in the lake, and what their role may be regarding AIS management. With new infestations in particular, a timely response is important. It is essential that all parties understand and agree upon the role they will take from early detection, to potential treatment and beyond.

The primary identified stakeholders are listed below and specific roles are outlined in Table 5.1.

Ramsey County/Ramsey Conservation District (RCD) RCD has taken on the role of AIS coordination for Ramsey County.

The development of a county New Infestation Response Plan is underway that will outline the steps to be taken in the event of a new infestation including coordination with the DNR, lists of contacts for stakeholders, treatment resources, and potential contractors. In addition, CRWD contracts with RCD to perform aquatic vegetation surveys on Lake McCarrons. Ramsey county would be a major funding source in the event of a new infestation.

The county owns the boat launch at McCarrons, funds boat inspections, and has updated AIS related signage at the launch. The county also conducts lake monitoring which includes chemical and physical parameters as well as targeted AIS surveys.

Capitol Region Watershed District CRWD has developed the Lake McCarrons AIS management plan, and would therefore be the first point of contact for management of AIS in the lake. CRWD is a source of funding for current aquatic plant surveys and could provide funding for AIS control, new infestation rapid response, and follow-up monitoring.

Minnesota Department of Natural Resources Treatment of existing AIS species would require the involvement of the MN DNR to obtain a permit. All new AIS detections get reported to the MN DNR. They are an integral partner in any rapid response process. The MN DNR would provide funds, expertise, assistance with AIS confirmation, public communications, equipment, and legal authority.

City of Roseville Lake McCarrons is located within the City of Roseville. Lake shore owners are Roseville residents.

Lake Shore Owners and Frequent Lake Users Lake shore owners and lake users have an interest in the health or usability of the lake. This group is an important vector for both gathering and disseminating information on the lake.

There is an opportunity for both formal and informal monitoring of AIS in the lake. A member or members of this group could serve as an important AIS point of contact on the lake.

Table 5-1. AIS management framework tasks, responsible parties and timeframe.

Plan Component

Evaluate (Routine Surveys) AIS Management Framework

Established AIS Populations

Threatening AIS Populations

Responsible Parties

Task

Description

CRWD, RC/RCD

Aquatic Vegetation Surveys

CRWD

Invertebrate Surveys

MnDNR

Fisheries Surveys

CRWD

Classify known AIS

Survey the areal extent and composition of the aquatic vegetation community within the lake.

Survey and assess the composition of the invertebrate population within the lake.

Conduct trap, gill net, and near-shore fish surveys.

Classify all AIS in Minnesota as established, new, or threatening with respect to Lake McCarrons.

CRWD, MnDNR

Aquatic Plant Management Invertebrate Management Fisheries Management

CRWD

Follow-up Monitoring

CRWD

Determine Threat Status

CRWD, RC/RCD

Early Detection Monitoring

Conduct regular monitoring aimed specifically at detecting AIS of greatest concern.

As indicated based on best available information for the AIS of concern

RC/RCD

Boat Launch Inspections

Inspect boats entering and exiting lake for compliance with AIS regulations.

At a minimum, weekends during peak boating season/hours

AIS Detector Training

Promote & facilitate citizen AIS Detector training.

Yearly

Educational Materials

Distribute and/or develop AIS educational materials.

Promote and/or facilitate public education events with a focus on AIS.

Ongoing

CRWD, RC/RCD, Lake Residents and Users

Community Events

Determine whether population meets treatment criteria, evaluate treatment options, and conduct cost-benefit analysis. Treat the population if treatment is indicated by analysis.

Develop and execute a monitoring plan to evaluate post-treatment effects.

Determine the threat status of MN AIS and periodically reevaluate using exposure and suitability indices.

Timeframe or Frequency Twice yearly TBD ~10 year intervals Yearly or as new AIS emerge

Indicated by treatment information and follow-up monitoring As indicated by management plan Yearly or as new AIS emerge

Plan Component

Rapid Response to New AIS Infestation

Responsible Parties

Task

Description

Timeframe or Frequency

CRWD

Report Detection

Report the suspected detection to the MN DNR AIS specialist.

Immediately following detection

MnDNR

Confirm Detection

MN DNR will confirm the presence of AIS in the lake.

Following CRWD report of detection

CRWD, RC/RCD, MnDNR, Lake Residents and users

Response Feasibility Evaluation

Review AIS locations, controls, methods, and funding.

Communicate New Infestation

Communication to stakeholders regarding new infestation.

Following confirmation of AIS presence

CRWD, RC/RCD

Execute Response Plan

Execute response and control measures.

As indicated based on best available information for the AIS of concern and result of feasibility evaluation

CRWD

Follow-up Monitoring

Develop and execute a monitoring plan to determine the effectiveness of plan execution.

As indicated by monitoring plan

6.0 References Bajer, P.G, G. Sullivan, and P.W. Sorensen. 2009. Effects of a rapidly increasing population of common carp on vegetative cover and waterfowl in a recently restored Midwestern shallow lake. Hydrobiologia 632: 235-245.

Bodamer, B.L. and J.M. Bossenbroek. 2008. Wetlands as barriers: effects of vegetated waterways on downstream dispersal of zebra mussels. Freshwater Biology, 53: 2051-2060.

Horvath, T. G., G. A. Lamberti, D. M. Lodge and W. L. Perry. 1996. Zebra Mussel Dispersal in Lake-StreamSystems: Source-Sink Dynamics. Journal of the North American Benthological Society, 15(4): 564-575.

Johnson, L. E., and A. Ricciardi, and J. T. Carlton. 2001. Overland Dispersal of aquatic invasive species: a risk assessment of transient recreational boating. Ecological Applications, 11(6): 1789-1799.

Johnson, J.A. 2010. Effects of carp on the survival and growth of aquatic plants in Rice Lake. Prepared for Rice Lake Area Association, Maple Grove (MN). Freshwater Scientific Services LLC, Maple Grove (MN).

Johnson, J.A., Jones, A.R., Newman, R.M. 2012. Evaluation of lakewide, early season herbicide treatmetns for controlling invasive curlyleaf pondweed (Potamogeton crispus) in Minnesota lakes. Lakes and Reservoir Management, 28: 346-363.

Jones, A.R., Johnson, J.A., Newman, R.M. 2012. Effects of repeated, early season, herbicide treatments of curlyleaf pondweed on native macrophyte assemblages in Minnesota lakes. Lakes and Reservoir Management, 28: 364-374.

Langer, T.A. et al. 2017. Water depth and lake-wide water level fluctuation influence ι- and β-diversity of coastal wetland fish communities. J. Great Lakes Res. LaRue, E.A., Zuellig, M.P., Netherland, M.D., Heilman, M.A., Thum. R.A. 2013. Hybrid watermilfoil lineages are more invasive and less sensitive to a commonly used herbicide than their exotic parent (Eurasian watermilfoil). Evolutionary Applications 6:462-471.

Karatayev, A.Y, L. E. Burlakova, and D. K. Padilla. 1998. Physical factors that limit the distribution and abundance of Dreissena polymorpha. Journal of Shellfish Research, 17(4): 1219-1235.

McComas et al. 2014. Aquatic Invasive Species Action Plan for Clear Lake, Le Sueur County, Minnesota.

Minnesota Department of Natural Resources. 2013. Guidance for selective treatment of invasive aquatic plants in Minnesota.

Minnesota Department of Natural Resources. Minnesota Infested Waters List, Downloaded 9/20/2017.

Nault, M.E., Netherland, M.D., Mikulyuk, A., Scorebook, JOG., Asplund, T., Hauxwell, J., Toshner, P. 2014. Efficacy, selectivity, and herbicide concentrations following a whole-lake 2,4-D application targeting Eurasian watermilfoil in two adjacent northern Wisconsin lakes.

Thum, R., Newman, R., Fieldseth, E. 2017. Occurrence and distribution of Eurasian, northern and hybrid watermilfoil in Lake Minnetonka and Christmas Lake: Genetic Analysis Phase II. Verhfstad, M.J.J.H., Nunez, M.M., Reich man, E.P., van Donk, E., Lamers, L.P.M., Bakker, E.S. 2017. Mass development of monospecific submerged macrophyte vegetation after restoration of shallow lakes: Roles of light, sediment nutrient levels, and propagule density. Aquatic Biology 141: 29-38.

Appendix A: Vegetation Treatment Vegetation Control This section describes the rules, regulations and current methods for managing aquatic plants in Minnesota lakes and a description of common management techniques.

Aquatic plant management (APM) permits may be issued to provide riparian access, enhance recreational use, control AIS, manage water levels, and protect or improve habitat.

Separate permits are required for controlling natives for recreational access and controlling AIS. A specific list of criteria is considered to determine if a permit should be granted. A permit will not be issued to improve the appearance of undeveloped shoreline or for aesthetic reasons alone. A permit also cannot be issued in areas given special designations, such as Scientific and Natural Areas or in areas posted as protected fish spawning areas.

Chapter 6280.0250 allows certain activities without an APM permit. Specifically, mechanical control of submerged aquatic plants is allowed by individual property owners in an area not to extend along more than 50 feet or one-half the length of the owner’s total shoreline, whichever is less, and not to exceed 2,500 sq. ft. plus the area needed to extend a channel no wider than 15 feet to open water. These rules also allow for the mechanical control of floating-leaf aquatic plants to obtain a channel extending to open water with the provisions that the channel is no more than 15 feet wide and follows the most direct route to open water, the channel is maintained by cutting or pulling, and the channel remains in the same location from year to year. The skimming of duckweed or filamentous algae from the surface of a water body is also allowed without a permit.

An APM permit is required for all other activities below the Ordinary High Water (OHW) level not mentioned above, including all herbicide control of aquatic plants, relocating or removing vegetation, and installing or operating an automated aquatic plant control device (weed roller).

Permitted Activities Herbicide Treatment A permit is required for all chemical control of aquatic plants. Herbicide control of aquatic plants is limited to an area that does not exceed 15% of the littoral area (typically ≤15 feet depth) of a lake. Only specific pesticides that are labeled for use in aquatic sites can be used, and they must be applied per the label instructions. Application can occur as frequently as the applicant desires; however, the frequency must be approved by the DNR. In herbicide applications, timing, concentration, herbicide used, target species, wind, water flow and water temperature are among the many factors to consider when applying herbicide to control AIS and SAV. Mechanical Treatment Mechanical control of aquatic vegetation typically involves the cutting, pulling, raking or otherwise removing or altering aquatic plants by physical means. Removal can occur as frequently as the applicant desires; however, the frequency must be approved by the MnDNR. Some of the conditions of permitted mechanical control of aquatic plants include:   

the vegetation must be immediately and permanently removed from the water; the mechanical control may not exceed 50% of the total littoral area of the lake control methods must not change the course of the water; and

ď °

mechanical control for recreational access must be conducted in the same location year after year; locations can vary year to year for AIS control based on pre-control surveys.

The combination of herbicide and mechanical removal is not to exceed a total littoral area of 50%. Therefore, if 15% of the littoral area is treated with herbicide only 35% can be harvested by mechanical methods.

Specialized Treatment Options There are additional forms of plant management (i.e. dredging, hydrovacing, biomats) that exist, however, these methods are only approved by the MnDNR in very rare and special cases. These methods attempt to alter or block the sediment with the goal to reset the seed bank and substrate conditions. These methods can be cost prohibitive, require extensive permitting and research assessments; therefore, further insight or literature review of these methods was not investigated at this time.

Transplanting A permit is required for the relocation and transplanting of all native SAV. The transport and relocation of any AIS is illegal and is not permitted by the MnDNR. Transplanting is an effective technique when lake conditions are suitable for plant growth when the seed bank and/or abundance of native species in a lake has been depleted. The native vegetation species used in transplanting is typically acquired from areas within the lake and/or from neighboring lakes.

Current research is underway at the University of Minnesota that is monitoring transplanting success of various species through time. Preliminary results are promising, yet, controlling other limiting factors (i.e. light availability, nutrient loading, fisheries management) may need to occur in conjunction with transplanting activities. Transplanting alone has been shown to have little to no improvement in the SAV community. Verhfstad et al. (2017) suggested that once light is no longer limiting, seed propagules or the seed bank within a lake has a greater influence on which species will come back rather than lake sediment chemistry. Therefore, continued efforts to promote and facilitate seed bank restoration and/or transplanting of SAV may produce favorable SAV communities during water quality restoration efforts.

Current State of Milfoil and Curlyleaf Control Various control methods have been used to manage EWM and CLP populations in lake ecosystems. The success of controlling populations has varied but little to no follow up monitoring has been performed to effectively quantify and share knowledge. However, what information is available we summarize in the proceeding paragraphs. It is important to understand that 100% eradication is not likely and the continued presence of the species is likely within the lake. Therefore, treatment objectives should be considered before treatment activities are pursued.

Herbicide treatment of CLP is typically conducted in the early spring when water temperatures are between 50-60°F and warming. At this period in the growing season there is typically little to no native SAV growth, therefore, chemical treatments are meant to target CLP only. Effective chemical concentrations of endothall need to be sustained in target areas and can be greatly influenced by wind and water currents. Treatments are documented as being most effective when large (>5 acres) vegetation stands of CLP can be targeted with dosage concentrations persisting at 0.75 to 1.5 ppm for 12 – 24 hours. If large treatable plots do not exist, small areas may be treated but typically require greater concentrations (1.5 to 2.0 ppm or more) to have effective results (MnDNR 2013). Treatment

of CLP appears to have the greatest result at lowering reproductive success with repeated treatment for 2-3 years. Johnson et al. (2012) found that curlyleaf frequency, biomass and turion density were drastically reduced with repeated treatments, however, complete eradication of viable turions was not achieved suggesting that the population was at least short term controlled. Efforts by Jones et al. (2012) demonstrated that though PC treatment was effective at controlling CLP, there was little change in the native vegetation community.

Only select species were observed to increase in biomass after treatments, suggesting that other factors (i.e. water clarity, fish community, viable seed bank) were limiting the establishment and increase in native species and biomass.

Herbicide treatment of EWM is typically conducted in mid-summer when EWM areas have been delineated. At this period in the growing season there can be many other SAV growing, therefore, chemical treatments need to be careful that dosing is conducted in a method that reduces the potential of negatively influencing non-targeted areas and species.

EWM is typically treated with an auxin-mimic, usually triclopyr or 2,4-D herbicides. Effective chemical concentrations need to be sustained in target areas for 12-24 hours and can be greatly influenced by wind and water flows. Treatments are most effective when large vegetation stands are dosed at concentrations persisting at 2 to 4 ppm. Dissipation of herbicides in small plots reduces effectiveness, while increasing dosage to achieve sustained concentrations can drift and harm non-target species (such as waterlilies); (Nault et al.

2014, MnDNR 2013). A growing concern among EWM infested waterbodies is the ability of the species to hybridize with native milfoil species. Hybridized milfoil has been shown to grow faster and may be more resilient to herbicides (LaRue et al. 2013) and hybridized milfoil is speculated to occur more frequently in herbicide treated lakes (Thum et al. 2017).

This growing concern warrants consideration in the use of herbicide treatment in EWM infested waters, as ineffective treatment may foster hybridization and greater difficultly in long-term management.

Technologies and research into mechanical harvesting are growing as the need and desire of lake managers continues to grow. Mechanical harvesting typically occurs when vegetation reaches the water’s surface and is visible. A project piloted by Minnehaha Creek Watershed District in 2013 assessed the effectiveness of cutting methods on CLP populations and found that the timing and depth at which the vegetation is cut had a significant influence on the amount of turions observed in the sediment. Turions are a seed like structure in which new CLP stems can sprout. The conclusions of this assessment acknowledge that traditional cutting methods likely will not control populations of CLP, rather they provide lake managers a method to improve recreation on infested waterbodies. This research also highlighted that conducting cuttings deeper and earlier may be more effective at controlling the population and turion densities but continued research is needed and should expand to other species.

In general, long-term control of EWM and CLP has not been overly assessed to date. It is uncertain if the species are completely killed or undergo seasonal injury, rebounding later in the year or in proceeding years. In addition, there is little information on the long-term effect and recolonization of native or desired SAV species. Follow up monitoring is not required to treatments and is often not pursued. Managers should consider current limitations if pursuing treatment of EWM and CLP populations as the results are often shortlived and continued treatments can deplete available resources.

Appendix B: Suitability Assessments This section contains species specific suitability assessments for curlyleaf pondweed, Eurasian watermilfoil and zebra mussels that could be used in Minnesota and was obtained from McComas et al. (2014).

Table B1. Curlyleaf pondweed nuisance potential and habitat indicators.

Growth Potential Light Moderate Heavy

pH (su) <7.4 7.4 - 7.7 >7.7

Bulk Density (g/cm3 dry) >1.04 0.52 - 1.03 <0.51

Organic Matter (%) 0.1 - 5 6 -20 >20

Fe:Mn Ratio >4.5 1.6 - 4.5 <1.6

Table B2. Eurasian watermilfoil nuisance potential and sediment habitat indicators.

Growth Potential Light Moderate Heavy

NH4 Conc. (ppm) <4 4 - 10 >10

Organic Matter (%) <0.5 & >20 0.6 - 2 & 18 - 20 3 - 17

Table B3. Zebra mussel nuisance potential and habitat indicators for shell formation.

Growth Potential Light Moderate Heavy

Calcium (mg/L) <15 15 - 30 > 30

pH (su) <7.8 or 9.0 - 9.5 7.8 - 8.2 and 8.8 - 9.0 8.2 - 8.8

Alkalinity (mg/L) <55 55 - 100 >100

Conductivity (umhos) <60 60 - 110 >110

Table B4. Zebra mussel nuisance potential and habitat indicators for food availability.

Growth Potential Light Moderate Heavy

Chlorophylla (ug/L) <2.5 or >20 8 -20 2.5 - 8

TP (ug/L) <10 or >35 10 - 25 25 - 35

Table B5. Zebra mussel nuisance potential and habitat indicators for substrate preference.

Growth Potential Light Moderate Heavy

DO (mg/L) <7 7-8 >8

Substrate muck, sand sand, gravel, plants cobble, rock

Appendix C: Risk Assignment Table C is a summary of the text described above and the corresponding threat level for AIS located in adjacent counties or are species on the Minnesota invasive species list. This exercise can be expanded to any AIS. No species were observed to have moderate or higher ratings in both exposure and in at least one of the suitability indices, therefore, no species are rated as a high concern. Species of high concern would be subject to both early detection and prevention actions. Many species were observed to have moderate or higher ratings in either the exposure or in at least one of the suitability indices, therefore, these species are rated as a species of moderate concern. Species of moderate concern are subject to prevention action items. A smaller list of species was observed at less than a moderate classification in both exposure and suitable habitat/ similar species indices, therefore, these species are rated as limiting concern. Species of limited concern are subject to awareness and no other management action.

Table C. Proximity and suitability assessment of AIS to Lake McCarrons.

Organism Type Fish Fish Fish Fish Fish Fish Vegetation Vegetation Vegetation Vegetation Invertebrate

Invertebrate Invertebrate Invertebrate Invertebrate Invertebrate

Species

bighead carp grass carp round goby ruffe silver carp white perch Brazilian waterweed brittle naiad flowering rush starry stonewort faucet snail New Zealand mud snail red swamp crayfish rusty crayfish spiny water flea zebra mussel

Exposure

Suitability Similar Species

Suitability Habitat Conditions

Threatening Status

Moderate

Low

Minimal

Moderate

Moderate Low Low Minimal Minimal

Low Minimal Unknown Low Unknown

Minimal Minimal Minimal Minimal Minimal

Moderate Limited Limited Limited Limited

Low

Low

Moderate

Moderate

Low

Low

Moderate

Moderate

Minimal

Minimal

Moderate Moderate

Minimal

Moderate

Moderate

Minimal

Unknown

Moderate

Moderate

Minimal

Unknown

Moderate

Moderate

Low

Unknown

Minimal

Limited

Low

Unknown

Minimal

Limited

Minimal

Unknown

Low

Limited

Moderate

Unknown

Low

Moderate

Moderate

Fish AIS currently pose a relatively limited threat to lake McCarrons. Habitat preference of the current AIS fish tend to be oriented to river or the Great Lakes ecosystems. Bighead and Grass carp do score a moderately under the rubric as their presence is noted to occur in the Minnesota River.

Invertebrate AIS currently pose either a limited or moderate threat to Lake McCarrons depending on the species. It is unclear the current invertebrate community within the lake, therefore no assessment could be made to similar species. Rather suitability indices were considered based on general habitat preferences of the species. Snail species pose a moderate threat due to moderate habitat suitability potential as they tend to persist in vegetated littoral habitats. Zebra mussels pose a moderate threat due to their current proximity to Lake McCarrons as they exist within Ramsey county, however, the Lake McCarrons is believed to have limited substrate to support a large mussel population.

Crayfish and flea species pose a limited threat as they have a low exposure rating and a low suitability preference within Lake McCarrons. Both organism types are perceived to have limited habitat conditions within Lake McCarrons. Flea species tend to be supported in deep coldwater systems, while crayfish tend to build burrows in rocky and clay substrates.

Vegetation AIS likely pose the greatest concern of the AIS organism types to Lake McCarrons. This statement is supported by the fact that two vegetation species are dominant species within the lake: curlyleaf pondweed and Eurasian watermilfoil. Emergent vegetation poses a lesser threat due to limited habitat within Lake McCarrons, however, Flowering Rush poses a moderate threat due to its current proximity to the lake.

Toll Free: 800-472-2232

Email: wenckmp@wenck.com

Web: wenck.com

DATE: TO: FROM: RE:

July 20, 2018 Board Meeting V. Action Items D) Fall 2018 Master Water Stewards

June 13, 2018 CRWD Board of Managers Lindsay Schwantes, Community Outreach Coordinator Master Water Stewards

Background In 2015 the Board agreed to participate in the Master Water Stewards program and review participation on an annual basis. CRWD began participating in the program for the 2016 program year. The program trains, certifies and supports community leaders to install pollution prevention projects that educate community members and reduce polluted runoff.

Update The District currently has three classes of Stewards. Some of which have completed their capstone projects and have begun their annual service hours for CRWD. Some are still completing capstone projects for graduation. CRWD steward impacts such as hours of volunteer service, gallons of water treated and some examples of capstone projects are included in the CRWD Master Water Stewards fact sheet enclosed.

At the May 2 Board meeting members of the 2016-2017 class of stewards presented their capstone work to the Board. Freshwater Society continues to seek feedback on improving the program through a Master Water Stewards Advisory Board. Recent program changes include the development of a new website to record and track volunteering hours and project progress and reducing the number of in-person classes to five that will take place in two metro locations on Saturdays.

Staff recommend that CRWD participate in the program and accept up to 6 Master Water Stewards for the Fall 2018 â&#x20AC;&#x201C; Spring 2019 program at a cost of $2,500 per steward.

Request Action Authorize Administrator to enter into an Agreement with Freshwater Society to host up to 6 Master Water Stewards for the 2018-2019 program year at a cost of $2,500 per steward with a total not to exceed $15,000. enc:

CRWD Master Water Stewards Fact Sheet

W:\07 Programs\Edu-Outreach\Master Water Stewards\2019\BM_Master Water Stewards_Fall 2018_6-19-18.docx

Capitol Region Watershed District Master Water Stewards Cumulative results: 2016-2018 *No 2018 stewards reporting time or projects yet, will not see project results before fall 2018.

14 (5 additional certified in October 2018) Stewards certified

236 Art, Kids and Community

Volunteer hours served

Peggy Thomas and Chris Kunz

823+

A 20 year old Raingarden at Linwood Recreation Center had lost its function and its connection to the community. Capitol Region Master Water Stewards stepped in and helped to restore the garden. In order to reconnect the garden with the community and raise awareness of its function, three 2nd grade classrooms got involved from the area both learning about protecting water and planting plants for the garden. A local artist also helped the kids create art that connected them to water as they helped plant, weed and maintain the raingarden.

People reached

9 Projects, including:     

Raingardens Adopt-a-Drain outreach Sidewalk chalk campaign Info booth at Little Mekong Night Market Community garden

515,952 Gallons of water infiltrated annually

236 Lbs of sediment removed annually

1.29 Lbs of phosphorus removed annually

June 19, 2018 Board Meeting V. Action Item – E) CRWD MS4 Annual Report for 2017 and Public Meeting (Eleria)

DATE: TO: FROM: RE:

June 13, 2018 CRWD Board of Managers Anna Eleria, Division Manager Approve MS4 Annual Report for 2017

Background As a regulated operator of a small municipal separate storm sewer system (MS4), CRWD is required to prepare and submit an annual report of activities and accomplishments associated with its stormwater pollution prevention program (SWPPP) by June 30th to MN Pollution Control Agency (MPCA). CRWD must solicit public comment on the MS4 annual report and hold an annual public meeting to present the SWPPP activities and accomplishments made in the previous year.

Issues The June 19th Board meeting serves as CRWD’s annual public meeting for its SWPPP. CRWD staff will give a brief presentation of CRWD’s stormwater management accomplishments and accept comments from the public. Any comments received at the meeting or in writing by June 27th will be considered and if appropriate, incorporated into the annual report.

Action Requested Authorize Administrator to submit CRWD’s MS4 Annual Report for 2017 and to reasonably incorporate comments received during the public comment period. enc:

Draft CRWD MS4 Annual Report for 2017

W:\06 Projects\Trout Brook Interceptor\NPDES MS4 Permit\Board Memos\BM MS4 Annual Report Public Meeting 06-19-18.docx

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District.

June 19, 2018 Board Meeting V. Action Item â&#x20AC;&#x201C; F) Approve Promotion of Britta Belden to Program Manager I

DATE: TO: FROM: SUBJECT:

June 13, 2018 CRWD Board of Managers Bob Fossum, Division Manager Approve Promotion of Britta Belden to Program Manager I

Background With significant improvements within the Monitoring, Research and Maintenance Division over the last several years, roles and responsibilities within the Division have evolved. With these changes there is a need and opportunity to establish a water resource project manager in this Division.

Issues The Personnel Committee is recommending that Britta Belden be promoted to the Program Manager I (Water Resource Project Manager) position. The Water Resource Project Manager will be responsible for the development and implementation of lake management plans, and implementation of in-lake management, shoreland improvement projects, and stream/wetland corridor restoration projects. This position will coordinate monitoring and research program activities with partners, research institutions and internal programs.

In accordance with the District Salary Administration Policy, the Board of Managers must approve any change in Grade for an existing employee. The Personnel Committee has met and supports this promotion and is seeking Board Approval of this action.

Requested Action Approve Promotion of Britta Belden to Program Manager I position.

enc:

Draft Program Manager I (Water Resource Project Manager) position description

Y:\Suppes\Board Memo- Promotion of Belden Program Manager I 6-13-18.docx

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District

DRAFT: June 12, 2018

GRADE:

1

9

JOB CLASSIFICATION: Program Manager I POSITION TITLE:

Water Resource Project Manager

REPORTS TO:

Division Manager-- Monitoring, Research and Maintenance

STATUS:

Full time, exempt (from F.L.S.A.)

PRIMARY OBJECTIVE: Perform skilled to highly skilled duties providing technical assistance in water resource protection and planning as it relates to the implementation of District goals and objectives.

POSITION OBJECTIVE: This Position is responsible for the development, coordination and program management of water and natural resource monitoring and research. The position is responsible for the overall planning and execution of a watershed-wide water monitoring program and coordinating the efficient use of collected data and research to support other District programs and initiatives.

ESSENTIAL FUNCTIONS: 1.

Develop, update, and Implement the Districtâ&#x20AC;&#x2122;s Lake Management Plans.

2.

Develop and implement water resource improvement projects. This may include, in-lake management, shoreland improvement projects, and wetland and stream corridor restoration projects.

3.

Manage and coordinate the Districtâ&#x20AC;&#x2122;s Monitoring Program, including overall program responsibility for all monitoring budget, program planning, and special projects. Special emphasis will be put on analysis and reporting and summarizing data and research for internal and external audiences.

4.

Develop and ensure budgets, contracts and standard operating procedures for the Monitoring and Research Program are implemented effectively and efficiently.

5.

Coordinate monitoring and research program activities with partners, research institutions and internal programs. Provide leadership to water resource monitoring organizations and researchers in the local and regional context.

ADDITIONAL FUNCTIONS 1. Provides technical support to District programs.

2. Represent the District on special committees.

DRAFT: June 12, 2018

2

3. Develop and implement a comprehensive approach to making the Districtâ&#x20AC;&#x2122;s data understandable and useable for the general public. This will be done in cooperation with District Education and Outreach staff.

4. Effectively represent water and watershed issues at meetings, conferences, before the media, and to other local units of government, City Departments, the Board of Managers, partner organizations and the public.

5. Coordinate watershed-related activities in the District, and activities involving other governmental agencies and private and non-profit entities.

(The examples given above are intended only as illustrations of various types of work performed and are not necessarily all-inclusive. This position description is subject to change as the needs of the employer and requirements of the position change.)

SALARY $53,600 - $80,400 depending on qualifications and experience, plus benefits.

MINIMUM QUALIFICATIONS Bachelor of Science degree, or equivalent in the field of Limnology, Water Resources, Earth Science, Water Resource management or related field. Experience with stream hydrology and water quality monitoring and chemistry are essential. Experience with database management, statistical analysis, technical writing, watershed/lake management, stormwater management and Best Management Practices. Minimum of six years professional experience including project management is preferred.

Excellent communication and computer skills are required.

KNOWLEDGE, SKILLS and ABILITIES 1.

Knowledge of watershed management, surface and groundwater hydrology, natural resource management, soils and biology. Demonstrated knowledge and working experience related to local, state, and federal programs and requirements.

2.

Effective communication skills, both oral and written.

3.

Ability to develop effective cooperative relationships with technical and policy staff, state and local government officials, and private entities and citizens. Ability to effectively lead teams of technical and policy staff, including those of partner and stakeholder organizations.

4.

Demonstrated ability in team building and effective coaching.

5.

Demonstrated knowledge of budget preparation and contract development.

6.

Demonstrated knowledge of procurement, contracting and service provider contracting.

7.

Extensive knowledge of project management techniques.

8.

Extensive negotiating skills.

9.

Ability to analyze technical reports and construction diagrams.

10.

Proven ability to achieve goals, ability to work successfully with considerable independence.

11.

Excellent analytical, conflict management, interpersonal, and leadership skills.

12.

Ability to write successful grant requests, including knowledge of grant writing requirements.

13.

Proficiency with a personal computer (PC) and Microsoft software packages for word processing, spreadsheet, database management and computer generated graphics. Specifically,

DRAFT: June 12, 2018

14.

15.

16.

3

but not limited to, Microsoft Office, Excel, Word, Access, PowerPoint. Ability to effectively use email and internet applications and other common software applications.

Ability to take direction, work independently with a minimum of supervision, use good time management practices, possess the ability to set priorities and balance large volumes of diverse work.

Ability to develop and maintain effective working relationships with, Division Manager, Administrator, CRWD Board of Managers, Citizens Advisory Committee, City and agency staff, members of the public, and other interested parties.

Must have valid Minnesota driverâ&#x20AC;&#x2122;s license and have vehicle available for periodic business use on a mileage reimbursement basis. The vehicle must have insurance approved by the District.

SUPERVISORY RESPONSIBILITIES None, unless otherwise assigned. Direct the work of monitoring technicians.

RESPONSIBILITY FOR PUBLIC CONTACT High level of public contact requiring tact, courtesy and good judgment.

EMPLOYMENT CLASSIFICATION: Salaried, exempt from the provisions of the Fair Labor Standards Act. NON-DISCRIMINATION POLICY The Capitol Region Watershed District will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance.

The Capitol Region Watershed District embraces and values diversity and seeks to recruit, promote and retain employees that reflect the community we serve. We believe that a diverse mix of employees enrich the workplace and enhance the quality of our service. The Capitol Region Watershed District encourages all qualified to apply for open position.

DRAFT: June 12, 2018

4

WATER RESOURCE PROJECT MANAGER PHYSICAL DEMANDS AND JOB DESCRIPTION SUPPLEMENT WORK ENVIRONMENT 1.)

Normal shift = eight (8) hours for five (5) consecutive days. Occasional evening meetings required.

2.)

Work location varies from controlled indoor environment to working outdoors.

3.)

Stress level varies from low to very high.

PHYSICAL DEMANDS Type of Activity Walking/standing:

Frequency M/S M

Sitting: Standing in One Place:

M

Climbing:

O

Pulling/Pushing:

M/S

Crawling/Kneeling/Squatting:

M/S

Bending/Stooping:

M/S

Twisting/Turning:

M/S

Repetitive movement:

M/S

Lifting waist to shoulder:

M/S

Lifting knee to waist:

M/S M/S

Lifting floor to knee: S = Significant

M = Moderate

O= Occasional

\\Crwd01-dc01\mrm\Suppes\Monitoring Program Manager Position Description 5-31-18.doc

June 19, 2018 Board Meeting V. Action Item â&#x20AC;&#x201C; G) Approve Promotion of Joe Sellner to Technical Specialist II

DATE: TO: FROM: SUBJECT:

June 13, 2018 CRWD Board of Managers Bob Fossum, Division Manager Approve Promotion of Joe Sellner to Technical Specialist II

Background With significant improvements within the Monitoring, Research and Maintenance Division over the last several years, roles and responsibilities within the Division have evolved. With these changes there is a need and opportunity to establish a water resource specialist in this Division.

Issues The Personnel Committee is recommending that Joe Sellner be promoted to the Technical Specialist II (Water Resource Specialist) position. The Water Resource Specialist will lead the evaluation, implementation, and maintenance of technology utilized to improve efficiency and effectiveness of District work. This position will conduct data analysis as well as manage and maintain the Districtâ&#x20AC;&#x2122;s monitoring database and website.

In accordance with the District Salary Administration Policy, the Board of Managers must approve any change in Grade for an existing employee. The Personnel Committee has met and supports this promotion and is seeking Board Approval of this action.

Requested Action Approve Promotion of Joe Sellner to Technical Specialist II position.

enc:

Draft Technical Specialist II (Water Resource Specialist) position description

Y:\Sellner\Board Memo- Promotion of Sellner Tech Specialist II 6-13-18.docx

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District

DRAFT: June 12, 2018 GRADE:

8

JOB CLASSIFICATION: Technical Specialist II POSITION TITLE:

Water Resource Specialist

REPORTS TO:

Division Manager – Monitoring, Maintenance and Research

STATUS:

Full time, exempt (from F.L.S.A.)

PRIMARY OBJECTIVE: Perform skilled to highly skilled duties providing technical assistance in water resource protection and planning as it relates to the implementation of District goals and objectives.

POSITION OBJECTIVE: This Position is responsible for providing technical assistance in water resource protection, planning, evaluation and the operation and maintenance of a watershed-wide stormwater monitoring program. Special emphasis will be placed on database management and the evaluation, maintenance, and implementation of technology and to more effectively and efficiently complete District work.

ESSENTIAL FUNCTIONS: 1.

Assist with the implementation of the District’s Monitoring Program that includes monitoring of stormwater runoff quality and quantity, the effectiveness of stormwater best management practices, and lake, wetland and biomonitoring. Install, operate and maintain monitoring equipment.

2.

Conduct analysis of water resource data to confirm performance of District and partner projects, define water quality trends and support improvements to BMP design and construction.

3.

Lead the evaluation, implementation, and maintenance of technology utilized to improve efficiency and effectiveness of District work. This could include but is not limited to: databases, web-based data tools, telemetry systems, data collection platforms, and monitoring equipment.

4.

Coordinate monitoring program activities with partners, research institutions and internal programs. This will include coordinating with partner agencies, landowners and researchers.

5.

Manage and maintain the District’s monitoring database and monitoring website.

ADDITIONAL FUNCTIONS

1.

Compose letters, memoranda, reports, and other written communications. Assist staff with surveys and collect/research data for special projects.

2.

Keep staff informed of meetings, events, and deadlines by disseminating written and verbal information in a timely manner.

DRAFT: June 12, 2018 3

Attend and participate in staff meetings to keep abreast of staff activities and to share information with them so that work efforts can be coordinated when necessary.

4.

Represent the District at meetings, conferences, and workshops.

5.

Perform other duties as needed or required.

(The examples given above are intended only as illustrations of various types of work performed and are not necessarily all-inclusive. This position description is subject to change as the needs of the employer and requirements of the position change.)

SALARY $46,400 - $69,600 depending on qualifications and experience, plus benefits.

MINIMUM QUALIFICATIONS Bachelor of Science degree, or equivalent in the field of Limnology, Water Resources, Earth Science, Water Resource management or related field. Experience with stream hydrology and water quality monitoring and chemistry are essential. A minimum of four years professional experience is preferred.

Good communication and computer skills are required.

KNOWLEDGE, SKILLS and ABILITIES 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

Knowledge of watershed management, surface and groundwater hydrology, natural resource management, soils and biology. Demonstrated knowledge and working experience related to local, state, and federal programs and requirements.

Effective communication skills, both oral and written.

Ability to design, fabricate and install field equipment and work outdoors in a variety of weather conditions.

Proficiency with proprietary monitoring software and databases.

Familiarity with necessary scripts and scripting languages to regularly update the Districtâ&#x20AC;&#x2122;s monitoring database and monitoring website.

Ability to develop effective cooperative relationships with technical and policy staff, state and local government officials, and private entities and citizens. Ability to effectively lead teams of technical staff.

Knowledge of project management techniques.

Ability to analyze technical reports and construction diagrams.

Proven ability to achieve goals and ability to work successfully with considerable independence.

Excellent analytical, conflict management, interpersonal, and leadership skills.

Ability to write successful grant requests, including knowledge of grant writing requirements.

Proficiency with a personal computer (PC) and Microsoft software packages for word processing, spreadsheet, database management and computer generated graphics. Specifically, but not limited to, Microsoft Office, Excel, Word, Access, PowerPoint. Ability to effectively use email and internet applications and other common software applications.

Ability to take direction, use good time management practices, possess the ability to set priorities and balance large volumes of diverse work.

DRAFT: June 12, 2018 14.

Ability to develop and maintain effective working relationships with District staff, Division Manager, Administrator, CRWD Board of Managers, Citizens Advisory Committee, City and agency staff, members of the public, and other interested parties.

15.

Must have valid Minnesota driverâ&#x20AC;&#x2122;s license and have vehicle available for periodic business use on a mileage reimbursement basis. The vehicle must have insurance approved by the District.

SUPERVISORY RESPONSIBILITIES None, unless otherwise assigned. Occasionally provide work direction for and lead a team of technicians and/or volunteers.

RESPONSIBILITY FOR PUBLIC CONTACT High level of public contact requiring tact, courtesy and good judgment.

EMPLOYMENT CLASSIFICATION: Salaried, exempt from the provisions of the Fair Labor Standards Act. The Capitol Region Watershed District embraces and values diversity and seeks to recruit, promote and retain employees that reflect the diverse community we serve. We believe that multilingual and bilingual staff and a diverse mix of employees enrich the workplace and enhance the quality of our service. The Capitol Region Watershed District encourages all qualified to apply for open position.

NON-DISCRIMINATION POLICY The Capitol Region Watershed District will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance.

DRAFT: June 12, 2018 WATER RESOURCE SPECIALIST PHYSICAL DEMANDS AND JOB DESCRIPTION SUPPLEMENT WORK ENVIRONMENT 1.)

Normal shift = eight (8) hours for five (5) consecutive days. Occasional evening meetings required.

2.)

Work location varies from controlled indoor environment to working outdoors.

3.)

Stress level varies from low to very high.

PHYSICAL DEMANDS Type of Activity Walking/standing:

Frequency M/S

Sitting:

M

Standing in One Place:

M

Climbing:

O

Pulling/Pushing:

M/S

Crawling/Kneeling/Squatting:

M/S

Bending/Stooping:

M/S

Twisting/Turning:

M/S

Repetitive movement:

M/S

Lifting waist to shoulder:

M/S

Lifting knee to waist:

M/S M/S

Lifting floor to knee: S = Significant

M = Moderate

O= Occasional

Y:\Sellner\Technical Specialist II - Water Resource Specialist Position Description 6-12-18.doc

June 19, 2018 V. H. Approve Victoria Wetland Conservation Easement (Doneux)

DATE: TO: FROM: RE:

June 14, 2018 Board of Managers Mark Doneux, Administrator Approve Victoria Wetland Conservation Easement

Background The District adopted a Land Conservation Policy in 2010 that directs the selection of land parcels for conservation that will be reviewed on a case-by-case basis. This review will be based on several factors including, but not limited to: a) Land must be located within Capitol Region Watershed District boundaries, b) Land must currently serve or can be restored to serve a valuable water resource management purpose and help further the Districtâ&#x20AC;&#x2122;s mission to protect, improve and manage water resources, and c) Land must be identified in or consistent with the Districtâ&#x20AC;&#x2122;s 2010 Watershed Management Plan.

The District and the City of Roseville have a desire to protect and preserve the natural upland and wetland features of the parcel identified at 1975 Victoria Street (attached), City of Roseville and the District Board of Managers has authorized contribution of no more than $38,600.00 for the acquisition of the Parcel and conservation easement per the December 12, 2015 Grant Agreement (attached).

Issues The City through approval and recording of the attached conservation easement (attached) will convey to CRWD in perpetuity the Conservation Easement rights of the 1975 Victoria Street parcel. The City is the current owner of 1.64-acre property. The City purchased the property in 2015 for stormwater and wetland mitigation purposes. The City, through the conservation easement will convey and warrant to CRWD a perpetual conservation easement on the area of the property. The City will convey to CRWD the right to use the Conservation Easement Area in accordance with the terms of the easement and to prevent uses inconsistent with those terms. Upon recording CRWD will pay the City of Roseville $38,600 in accordance with the 2015 grant agreement.

Requested Action Approve Victoria Wetland Conservation Easement and authorize the Administrator to accept the easement subject to the review and approval of the Ramsey County Attorney. enc:

1975 Victoria Street Parcel Maps (2) December 12, 2015 Grant Agreement Final Draft Conservation Easement

W:\07 Programs\Land Conservation Policy\Land Acquisition\Victoria Street Wetland\2018 Documents\June 14, 2018 Board Memo Conservation from the City of Roseville for the Victoria Wetland-BG.docx

Avon St N

County Road B

Parker Ave

Chatsworth St

Resevoir Woods Park

Victoria St N

Lexington Ave

Parker Ave

Property Location

Roselawn Ave

Prepared by: Engineering Department August 07, 2017

Victoria St Wetland Conservation Easement Area Location Attachment A PID#: 142923240029

Legend Wetland Replacement Wetland Boundary Parcels_Detail

0

Data Sources and Contacts: * Ramsey County GIS Base Map (12/02/13) * City of Roseville Engineering Department For further information regarding the contents of this map contact: City of Roseville, Engineering Department, 2660 Civic Center Drive, Roseville MN

DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 651-792-7075. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided.

175

350

525

mapdoc: Conservation Easement Attachment A.mxd map: Conservation Easement Attachment A.pdf

700 Feet

´

B14-317

B14-316

Resevoir Woods Park

Conservation Easement Area Boundary (1.64 acres)

Victoria Street

Approximate location of future Trail

F14-029 M14-205 B14-315

B14-314

1967 Victoria Street N

1971 Victoria Street N

1975 Victoria Street N

Prepared by: Engineering Department August 07, 2017

Victoria St Wetland Conservation Easement Area Attachment B PID#: 142923240029

Legend Wetland Replacement Wetland Boundary Parcels_Detail

0

Data Sources and Contacts: * Ramsey County GIS Base Map (12/02/13) * City of Roseville Engineering Department For further information regarding the contents of this map contact: City of Roseville, Engineering Department, 2660 Civic Center Drive, Roseville MN

DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 651-792-7075. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided.

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mapdoc: Conservation Easement Attachment B.mxd map: Conservation Easement Attachment B.pdf

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CONSERVATION EASEMENT Legal description of Property: Described in Attachment A incorporated herein This is a CONSERVATION EASEMENT granted by the City of Roseville, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the “City”), to the Capitol Region Watershed District, a body with powers pursuant to Minnesota Statute Chapters 103B and 103D (hereinafter referred to as the “CRWD”).

1. The City is the current owner of 1.64 acres or real property located within the CRWD boundary, within Ramey County, MN. That real property is described below as “Property.” The City purchased the property in 2015 for stormwater and wetland mitigation purposes.

2. The City conveys and warrants to the CRWD and the CRWD accepts a perpetual conservation easement on the area of the Property described on Attachment A ("Conservation Easement Area"), incorporated herein.

3. The City conveys to the CRWD the right to use the Conservation Easement Area in accordance with the terms herein, and to prevent uses inconsistent with those terms. The City's obligations are joint and several.

4. The City conveys to the CRWD in perpetuity the right, at the CRWD's own expense, to modify land contours, channels and other surface and subsurface features within the Conservation Easement Area; direct and redirect surface flows; alter and manage vegetation; install, operate, maintain and remove equipment to sample or monitor stormwater, surface water and groundwater; and install, operate, maintain, rebuild and remove structures to do so in accordance with a Restoration and Management Plan. This easement grants the CRWD no right to alter lands outside of the Conservation Easement Area or to flood or redirect surface flows outside of the Conservation Easement Area.

5. The City reserves all rights and privileges associated with the ownership of the Property except as provided in this Conservation Easement. The City will maintain the property within the Conservation Easement Area in accordance to a management plan and will not, within the Easement Area, alter vegetation or the land surface; apply pesticides, herbicides or fertilizers; place any structures, paved ways or other compacted surfaces; deposit, temporarily or permanently, any waste vegetation or any other materials; or operate a motorized vehicle in a manner that would cause harm to the vegetation or hydrology.

6. The City retains the right to install a trail on a generally east/west alignment as shown on Attachment B through the Parcel. The trail will: a. not interfere with the existing wetlands and be at least 25 feet from wetlands, where feasible, b. be for the purpose of providing a connection between public open space or park land bordering the Parcel, and c. have the prior approval of the CRWD. 7. This easement does not authorize any public right of access onto the Property. The right of entry conveyed to the CRWD under this easement is limited to authorized CRWD

representatives, agents, designees, contractors and subcontractors. The CRWD may enter the Easement Area at reasonable times. In doing so, the CRWD will not unreasonably interfere with The City's use of the Property.

8. The City reserves all rights not conveyed to the CRWD herein, including without limitation the right to engage in or allow others to engage in all uses of the Property not prohibited by this easement and the right to sell or transfer all or part of the Property subject to this easement.

The City will notify the CRWD of a transfer of all or any part of a property interest in the Property at least 15 days before the transfer.

9. The City warrants that they have the full power to convey this easement; doing so is not a default under any obligation of the City; the Easement Area is free and clear of encumbrances; and the City has not handled, applied or disposed of any hazardous material on or affecting the Easement Area and to the best of the City's knowledge no prior user of the Property has done so.

10. The CRWD will hold the City harmless, and defend and indemnify the City, as to any and all actions, proceedings, claims, costs and damages arising out of the CRWD's activities under this easement, except to the extent resulting from an action or inaction of the City, for which the City independently would be subject to liability.

11. This easement sets forth the entire agreement of the parties and supersedes all prior discussions and agreements. It may be amended only in a writing signed by both parties. This easement binds the parties and their respective heirs, successors and assigns, and runs in perpetuity with the Property. The City bears the cost of recording this easement with Ramsey County, MN.

IN WITNESS WHEREOF, the City has voluntarily executed this Conservation Easement on the ______________ day of _________________ , 2018.

CITY OF ROSEVILLE,

By:_______________________________ Title:______________________________

State of MINNESOTA County of RAMSEY

) ) ss )

The foregoing instrument was acknowledged before me this _____day of ________________ , 2018, by ______________________________________ and by ____________________________________________________________________ .

___________________________________ Notary Public My Commission Expires:

ACCEPTANCE The CAPITOL REGION WATERSHED DISTRICT hereby accepts the foregoing Conservation Easement as of the day of , 2017.

CAPITOL REGION WATERSHED DISTRICT By: Title:

State of MINNESOTA County of RAMSEY

) ) ss )

The foregoing instrument was acknowledged before me this day of _ 2018, by _ , the of the Capitol Region Watershed District, a body with powers pursuant to Minnesota Statute Chapters 103B and 103D.

Notary Public My Commission Expires:

This document drafted by: City of Roseville Engineering Department 2660 Civic Center Drive Roseville, MN 55113

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ATTACHMENT A LEGAL DESCRIPTIONS, PROPERTY, and CONSERVATION EASEMENT AREA

TOWNSHIP 29, RANGE 23, SECTION 14, Property ID#: 142923240029 Ex Part In W 2125.04 Ft Of Sec 14 & Ex N 655.96 Ft Part Of Se1/4 Of Nw1/4 & The Fol; That Part Lying W & Nly Of A L Beg On W L Of Victoria St 655.7 Ft S From N L Of Sd 1/4 1/4 Th S On Sd St L 204.76 Ft Th Nwly At Angle To R 71 Deg 15 Min A Dist Of 251.84

June 19, 2018 Board Meeting

DATE: TO: FROM: RE:

June 14, 2018 CRWD Board of Managers Britta Belden, Monitoring Coordinator Update on 2018 Como Lake Management Plan Development

VI. D) Unfinished Businessâ&#x20AC;&#x201D; Update on Como Lake Management Plan Development (Belden)

Background At the April 21, 2018 Board meeting, the Managers approved the scope of work, budget, and schedule prepared

by LimnoTech for the 2018 Como Lake Management Plan. The scope of work outlined seven major tasks for completing the Como Lake Management Plan, including the development of a Community Engagement Plan (Task 3-4), a watershed management plan (Task 5), and an in-lake management plan (Task 6). The deliverables from each of these major tasks will be brought together to create a final 2018 Como Lake Management Plan (Task 7).

Issues Staff had a kickoff meeting with LimnoTech on April 30, 2018 to begin developing the Community Engagement Plan as well as a schedule for projected meetings with the CRWD Board of Managers, the CRWD Citizen Advisory Committee, and the two other advisory groups that will be created as a part of this planning process (Agency Advisory Group, Public Advisory Group).

Staff will update the Managers on the roles and meeting schedules for each of the advisory groups for the Como Lake Management Plan. See enclosed table.

Staff will also provide an update on initial work completed to date, including the information gathering phase, the watershed management section, and the stakeholder identification and Community Engagement Plan.

Requested Action Update only; no action requested. enc:

Preliminary Meeting Schedule for 2018 Como Lake Management Plan

W:\06 Projects\Como Lake Projects\2018 Como Lake Management Plan\Board & CAC\Brd Memo_CLMP_June 2018 Update_6-19-18.docx

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District

Preliminary-- 6/12/2018 Meeting Schedule for 2018 Como Lake Management Plan

Group

CRWD Board of Managers

CRWD Citizen Advisory Committee (CAC)

Jun-18 DATE: 6/19/18 UB: Update on CLMP planning-- THIS table (mtg Sched, advisory group interaction)

Jul-18 DATE: 7/11/18 Update-- PAG Mtg 1 Prep/Overview/Recruitment, Final Story Map, Final Como video DATE: 7/25/18 (No Update)

Aug-18 DATE: 8/1/18 (No Update) DATE: 8/15/18 PAG Mtg #1 debrief/review

Sep-18 DATE: 9/5/18 Review of Key Info Summary & WS Implementation Plan DATE: 9/19/18 (No Update)

Oct-18 DATE: 10/3/18 (No Update) DATE: 10/17/18 In-Lake WQ Drivers Primer (RWMWD, maybe)

DATE: 7/18/18 Update on CLMP planning-StoryMap, Video, Engagement Plan, PAG Mtg 1

DATE: 8/8/18 (No Update)

DATE: 9/12/18 (No Update)

DATE: 10/10/18 DATE: 11/14/18 PAG Mtg 1 Debrief, Review Draft In-Lake Review Key Info Mgmt Plan Summary, WS Implementation Plan

DATE: 9/xx/18 Review of Key Information Summary & Watershed Implementation Plan

DATE: 10/xx/18 Review of Draft InLake Management Plan

DATE: 7/xx/18 Meeting Kickoff

AAG

Agency Advisory Group (AAG)

Public Advisory Group (PAG)

DATE: 8/xx/18 PAG Meeting Kickoff: Current State of Como Lake & Future Outcomes

Nov-18 DATE: 11/7/18 Review of Draft InLake Management Plan; PAG Mtg 2 Prep DATE: 11/21/18 (No Update)

Dec-18 DATE: 12/5/18 PAG Mtg #2 debrief/review DATE: 12/19/18 (No Update)

Jan-19 DATE: 1/2/19 (No Update) DATE: 1/16/19 Draft CLMP Review, PAG Mtg #3 Prep

Feb-19 DATE: 2/6/19 (No Update) DATE: 2/20/19 Final CLMP, PAG Mtg #3 debrief

DATE: 12/12/18 (No Update)

DATE: 1/9/19 Draft CLMP Review

DATE: 2/13/19 (No Update)

DATE: 1/xx/19 Draft CLMP Review, Final AAG Mtg

DATE: 11/xx/18 Review and Refine Goal Statements & Possible Methods

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District

DATE: 2/xx/19 Present the draft CLMP