HomeMy WebLinkAbout9A - Crystal Bay Wetland
CITY COUNCIL AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
SEPTEMBER 2, 2003
9A
SUE MCDERMOTT, CITY ENGINEER
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE
WETLAND REPLACEMENT PLAN FOR CRYSTAL BAY, CITY
PROJECT 02-34.
DISCUSSION:
Historv
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 Crystal Bay 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 is one
wetland area located generally in the center of the parcel that will be
impacted due to street construction and lot development. The
wetland runs the entire length of the parcel from north to south and
takes up a significant portion of the center of the parcel. Any means
of further reducing wetland impacts would require relocating the
storm water pond.
The final design calls for 4,830 square feet of existing wetland to be
filled. Mitigation is proposed off-site through the purchase of
wetland banking credits. This will be mitigated at a rate of 2: 1, with
the 4,830 square feet of Public Value Credit and 4,830 square feet
of New Wetland Credit. The proposal meets the mitigation and
sequencing criteria.
1626~\\i:!iI/JmIl'lwtr.y!ialba~DOOJ<e, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Attached is a memorandum from Andi Moffatt of WSB & Assoc.
who has been acting as the City's representative on wetland issues.
Issues
A letter was received from the Prior lake Spring lake Watershed
District during the comment period. A copy of the letter is attached
to this report. The letter indicates that the Board recently passed a
resolution stating that for wetlands that are filled within the District
boundaries, wetland replacement must be within the District
boundaries. This requirement is more stringent than the WCA. More
important, this application for wetland credit was submitted before
this policy change and should not therefore be subject to the new
position. In addition, the City is the local Government Unit (LGU)
for the WCA and the City does not have this requirement. Therefore
this application meets both City and WCA requirements.
In the near future, staff will be proposing ordinance revisions which
will match language in the Watershed District's recently revised
rules. At that time staff proposes that the City consider adopting a
policy similar to the Prior lake-Spring lake Watershed District
policy to include the following prioritization for the location of
replacement wetlands as follows:
1. On site
2. Within the same sub-watershed
3. Within the Prior Lake-Spring lake Watershed District
4. Outside of the Prior lake-Spring lake Watershed District
Since the City did not have this policy in place at the time of the
Crystal Bay application, it is appropriate to approve the proposed
replacement plan.
Conclusion
Staff recommends that the Council approve the Wetland
Replacement Plan for Crystal Bay with the following condition:
1. The banking credits are deposited into the BWSR (Board of
Water and Soil Resources) bank prior to the start of grading
in the wetland and proof of his deposit is submitted to the
City.
ALTERNATIVES:
The alternatives are as follows:
1. Adopt the attached resolution that approves the Wetland
Replacement plan for Crystal Bay (City Project #02-34).
2. Deny this item for a specific reason and provide staff with
direction.
RECOMMENDED
MOTION:
3. Table this item for specific reason.
A motion and second to adopt Resolution 03-XX.
REVIEWED BY:
RESOLUTION 03-XX
RESOLUTION APPROVING THE
WETLAND REPLACEMENT PLAN
FOR CRYSTAL BAY
PROJECT NO. 02-34
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, mitigation is proposed off-site through the purchase of wetland banking credits in
the amount of 4,830 square feet of new wetland and 4,830 square feet of public
value credit; and
WHEREAS, the mitigation plan is in accordance with the Wetland Conservation Act and City
of Prior Lake ordinances.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that the
Wetland Replacement Plan for Crystal Bay be approved with the following conditions:
1. The recitals set forth above are incorporated herein.
2. The banking credits are deposited into the Board of Water and Soil Resources bank
prior to the start of grading in the wetland and proof of this deposit is submitted to the
City.
Passed and adopted this 20d day of September, 2003.
YES NO
Hauoen Hauoen
Blomberg Blombera
LeMair LeMair
Peterson Peterson
Zieska Zieska
{Seal}
City Manager
City of Prior Lake
16200 I@.1II@S~lil5IlrRllu/iit)~~Il?a~J&I5e, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.
WSB
ciA... iates,1nc. Memorandum
To: Sue McDermott, P.E., City of Prior Lake
From: Antli Moffatt, Biologist
Dm~ August2~20~
Re: Wetlond Conservation Act
Wetland ReplfUement Plan Approval
Crystal Bay Townhomes
WSB Project No. 143()"19
Attached, please find the draft Notice of Wetland Conservation Act Decision and Wetland
Conservation Act Determination Findings and Conclusions for the Crystal Bay Townhomes project
for City Council consideration at their upcoming meeting. Outlined below, please find our review
and summary of the Wetland Replacement Plan:
. The Wetland Replacement Plan application was received from the applicant on July 2,2003.
The application was determined to be complete and submitted for a 30-day agency comment
period. The 30-day comment period ended on August 15,2003. The wetland delineation
was field checked in June 2003.
. The project includes filling 4,830 sf of Type 1 wetland to accommodate site grading and the
storm sewer system. Mitigation is proposed off-site through the purchase of wetland
banking credits (4,830 sf of Public Value Credit and 4,830 sf of New Wetland Credit) from
a wetland bank in Louisville Township held by Mr. Donald Breegeman.
. Both the wetland impact and banking site are within the Minnesota River-Shakopee (#33)
major watershed. The impact site is within the Prior Lake subwatershed. The replacement
site is within the Thole/O'Dowd Lake subwatershed.
. The Wetland Conservation Act (WCA) requires that wetland replacement be on-site if
possible. If this is not possible, the replacement site needs to be in the same major
watershed as the impacted wetland. Since on-site replacement is not feasible for this
project, replacement within the same watershed is required. The banking site is within the
same watershed as the impacted site (Minnesota River-Shakopee).
. A letter from the Prior Lake-Spring Lake Watershed District was received on August 15,
2003. This letter indicated that the Board recently passed a resolution stating that for
wetlands that are filled within the PLSL WD boundaries, wetland replacement must be
within the PLSL WD boundaries.
This requirement is more stringent than the WCA. The City is the Local Government Unit
(LGU) for the WCA and the City does not have this requirement. Therefore, the banking
August 20, 2003
Page 2 of2
application meets the requirements of the WCA. Additionally, the application was
submitted prior to the PLSLWD policy change and therefore should not be subject to this
policy.
. Discussions with the Scott County Soil and Water Conservation District and Board of Water
and Soil Resources have occurred during the review period to provide and obtain
clarification about the project. These agencies confirmed that the banking site was approved
by the TEP. The paperwork for the deposit of the Breegeman banking credits is currently
being processed by BWSR.
We recommend that the banking application be approved with the following conditions:
1. The Breegeman banking credits are deposited into the BWSR Bank prior to the start of
grading in the wetland and proof of this deposit is submitted to the City. Once these
credits are deposited, the City will sign the Withdrawal ofWet1and Credits application
and submit it to BWSR.
These documents have been provided to you for review as part of the Crystal Bay Townhomes
review and approval. Once the Council has approved the wetland replacement plan, these
documents will be sent to the appropriate agencies for their information.
If you have any questions, please feel free to call me at (763) 287-7196.
Attachments
c. Dave Hutton, P.E., WSB
PRIOR LAKE ~ SPRING lAKE WATERSHED DISTRICT ~
(952) 447-4166dH~j'
Fax 447-4167
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Sue McDermott, City Engineer
City of Prior Lake
16200 Eagle Creek Ave SE
Prior Lake, MN 55372-1714
8y
Re: Wetland Replacement Plan - Crystal Bay Townhomes
Dear Ms. McDermott:
The District received the "Notice of Wetland Conservation Act Application" for Crystal
Bay Townhomes, dated July 16, 2003. We proVide the following comments to you in
your capacity as the responsible Local Governmental Unit (LGU) for the Wetland
Conservation Act.
As you know, th.e Watershed District Board is committed to maintaining and
increasing stormwater storage in the District in order to address the critical issue of
volume management which sometimes manifests itself in the form of "unacceptable"
lake levels. Towards that end, the District Board passed a general resolution on
Auoust 12 Jnn"! r-pgarding replacement of wetlands. That resolution formalizes the
lloard's unanimous direction that, if wetlands are to be replaced, they be replaced to
benefit this watershed.
Therefore, in keeping with the Board's resolution, we requestthat the wetland
replacement for the Crystal Bay town homes be accomplished on the site, within the
same subwatershed or at least within the watershed of PriOr Lake.
Thank you for the opportunity to comment on the wetland replacement plan.
Sincerely,
Prior Lake-Spri~g ~h_ed District
. /~...-~~
J.$. Eggen //
District Technician
CC: Andrea Moffatt, WSB & Associates, fax-763-541-1700
Pete Beckius, Scott County SWCD, fax-952-492-5422
15815 FRANKliN TRAiL S.E.. PRIOR LAKE, MN 55372
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Wetland Conservation Act Notice
LGU: City of Prior Lake
16200 Eagle Creek A venue SE
Prior Lake, MN 55372-1714
WETLAND CONSERVATION ACT DETERMINATION
FINDINGS AND CONCLUSIONS
Name of Applicant: Tom Heiland 212 Development Group LLC
Project name: Crystal Bav Townhomes
The wetland replacement plan for the above referenced project was approved by the Prior Lake City
Council on September 2, 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:
Sauare feet
Wetland Fill 4,830 ft"
Wetland Excavation 0
Total Imnact 4,830 ft'
New Wetland Credit Purchased from Bank 4,830 ft'
Public Value Credit Purchased from Bank 4,830 ft'
Total Mitil!ation Purchased 9,660 ft2
Total Mitil!ation Required 9,660 ft"
The submitted application is approved based on the following condition:
1. The Breegeman banking credits are deposited into the BWSR Bank prior to the start of
grading in the wetland and proof of this deposit is submitted to the City. Once these credits
are deposited, the City will sign the Withdrawal of Wetland Credits application and submit it
to BWSR.
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.
You are hereby notified that the decision ofthe 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 commenced 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: Andrea Moffatt. WSB & Associates
for the City of Prior Lake
Title: BiolOlrist
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NOTICE OF WETLAND CONSERVATION ACT DECISION
LGU : City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372-1714
Name of applicant: Tom Heiland. 212 Development GrOUD. LLC
Project name: Crystal Bay Townhomes
Type of application:
o Exemption
o No loss
o Replacement plan
i:8]Banking plan
Location of project: Section 34. TI15. R22W. Scott County
Date of decision: SeDtember 2. 2003
Type of decision: 0 Approve
~ Approve with conditions (conditions listed in the
Findings and Conclusions)
o 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 190tb St - Suite 125
S1. 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
I S1. Paul, MN 55106 S1. 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
S1. Paul, MN 55101 Prior Lake, MN 55372
Mr. Pat Lynch Mr. Tom Heiland
DNR Waters 212 Development Group
1200 Warner Road PO Box 89
S1. Paul, MN 55106 Chaska, MN 55318
Mr. Mike DeRuyter
Kjolhaug Environmental
26105 Wild Rose Lane
Shorewood. MN 55331