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Home My WebLink About5B - Wetland Replace Wilds 6th CITY COUNCIL AGENDA REPORT DATE: AGENDA #: PREPARED BY: AGENDA ITEM: JULY 7,2003 5B SUE MCDERMOTT, CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR WILDS 6TH ADDITION, CITY PROJECT 03-38. DISCUSSION: History On January 18, 1994, the City Council passed Resolution 94-01 adopting the permanent rules of the Wetland Conservation Act (WCA) of 1991. Along with this, the Council also assumed the role of local government unit (LGU) for making WCA determinations for landowners. The purpose of WCA is as follows: 1. Achieve a no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands; 2. Increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands; 3. Avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands; and 4. "Replace wetland values where avoidance of activity is not feasible or prudent. Current Circumstances As part of the Wilds 6th Addition development plan, the developer has requested approval of a wetland replacement plan for the project. The reason a replacement plan is required is that there are three small wetland areas located generally in the center of the parcel that will be impacted due to street construction and lot development. The wetlands are in the narrowest portion of the property and take up a significant portion of the center of the parcel. Any means of further reducing wetland impacts would require shortening or removing the proposed cul-de-sac which would limit access to the center of the site. The final design calls for 7,012 square feet of existing wetland to be filled. This will be mitigated at a rate of 2: 1, with the creation of 10,868 square feet of new wetland on site and 24,678 square feet of credit through the establishment of upland buffer and expansion of 162~~J;laAlieV~l!i.tpv;>~ft:lli)~ke, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER for credit). The proposal meets the mitigation and sequencing criteria. No comments were received during the comment period. Attached is a memorandum from Andi Moffatt of WSB & Assoc. who has been acting as the City's representative on wetland issues The memorandum outlines quantities of fill and mitigation credits. Conclusion Staff recommends that the Council approve the Wetland Replacement Plan for Wilds 6th Addition. ALTERNATIVES: The alternatives are as follows: 1. Adopt the attached resolution that approves the Wetland Replacement plan for Wilds 6th Addition (City Project #03-38). 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item for specific reason. RECOMMENDED MOTION: A motion and second to adopt Resolution 03-XX. REVIEWED BY: RESOLUTION 03-XX RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR WILDS 6TH ADDITION PROJECT NO. 03-38 MOTION: SECONDED: WHEREAS, the developer has prepared plans that avoid unnecessary wetland filling on the project to the greatest extent possible; and WHEREAS, sequencing criteria has been met; and WHEREAS, 4,960 square feet of type 3 wetland and 2,052 square feet of type 2 wetland for a total of 7,012 square feet of wetland to be filled and replaced at a 2 to 1 ratio: 10,868 square feet of new wetland and 24,678 square feet of public value credit through the establishment of upland buffers and expansion of water quality treatment basins of which 75% is eligible for mitigation credit; and WHEREAS, no comments were received during the comment deadline period regarding the proposed wetland alteration permit application. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that the Wetland Replacement Plan for Wilds 6th Addition be approved. Passed and adopted this ih day of July, 2003. YES NO Hauqen Hauqen Blomberg Blomberg LeMair LeMair Peterson Peterson Zieska Zieska {Seal} City Manager City of Prior Lake 16200 ~@S~~Ra~tJIO~Wl{.dS6mw~~ck1innesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER /o0R~:t', ItI~ '{-> luIW~\ I, r>>J \~ ~,./ '0{HE""& NOTICE OF WETLAND CONSERVATION ACT DECISION LGU : City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 Name of applicant: Shamrock Development - Angie Zaiac Project name: Wilds 6th Addition Type of application: D Exemption ~ Replacement plan DBanking plan D No loss Location of project: Wl/2. SE1/4. NWl/4 Section 34. Tl15N. R22W. Scott County Date of decision: July 7. 2003 Type of decision: D Approve ~ Approve with conditions (conditions listed below) D Deny List of Addressees: Ms. Lynda Peterson Mr. Pete Beckius Board of Water and Soil Resources Scott Soil and Water Conservation District One West Water Street - Suite 200 7151 W 190th St - Suite 125 St. Paul, MN 55107 Jordan, MN 55352 Mr. Wayne Barstad DNR Wetland Coordinator DNR - Ecological Services Division Ecological Services Section 1200 Warner Road 500 Lafayette Road, Box 25 St. Paul, MN 55106 St. Paul, MN 55155 Ms. Christina Carballal Mr. Jim Eggen US Corps of Engineers Prior Lake-Spring Lake Watershed District Attn: CO-R 190 Fifth Street E 15815 Franklin Trail SE St. Paul, MN 55101 Prior Lake, MN 55372 Mr. Pat Lynch Ms. Angie Zajac DNR Waters Shamrock Development 1200 Warner Road 3200 Main Street - Suite 300 St. Paul, MN 55106 Coon Rapids, MN 55448 Ms. Laura Eklov Svoboda Ecological Resources 2477 Shadywood Road Excelsior, MN 55331 You are hereby notified that the decision of the Local Government Unit on the above- referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commended by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) days of the date of the mailing of this Notice: Date of mailing of this notice: City of Prior Lake By: Title: ~ffl-~" /O~.~~<t' ;,;>.,; "'<~ d~1 \", l,"'\. i~1 \~~,.J ,,:t~ESO~ ~..._-,.... Wetland Conservation Act Notice LGU : City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 WETLAND CONSERVATION ACT DETERMINATION FINDINGS AND CONCLUSIONS Name of Applicant: Shamrock Development - Angie Zaiac Project name: Wilds 6th Addition The wetland replacement plan for the above referenced project was approved by the Prior Lake City Council on July 7.2003 based on the fmdings and conclusions outlined below. It has been determined that wetland impacts have been avoided, minimized, rectified, and reduced to the greatest extent reasonable based on site constraints within the project area. For those impacts that could not be avoided, the proposed wetland replacement plan includes the following impact and mitigation plans: Wetland Fill Wetland Excavation Total 1m act 14,024 The submitted application is approved based on the following conditions: 1. The construction of the Wilds 6th Addition will include construction of the required wetland mitigation for Wilds South. 2. All wetlands and mitigation sites will lie substantially in platted outlots or within drainage and utility easements as shown on the plans. 3. Mitigation area monitoring reports will be prepared yearly for five years beginning the first growing season of the mitigation areas. 4. The WCA Deed Forms are filed with the County, as required. Qualified by the above conditions, the wetland replacement plan has been determined to offset the wetland impacts and fully complies with the Wetland Conservation Act.