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HomeMy WebLinkAbout5J - Wetland Replacement Plan for CR 83 Reconstruction MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: F<' \COUj'IG1J\2()OSJ 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT JULY, 20 2009 5J ROSS BINTNER, WATER RESOURCES ENGINEER CONSIDER APPROVAL OF A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR COUNTY ROAD 83 RECONSTRUCTION FROM CR42 TO CR16 (CITY PROJECT NO. 09-001). Introduction The purpose of the agenda report is to consider approval of a Wetland Replacement Plan. The City Council is the local government unit (LGU) under the Wetland Conservation Act. 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. On June 15, 2009 the City Council approved the final design and Cooperative Agreement for the CR 83 project. Current Circumstances The CR 83 project wetland replacement plan application proposes to impact wetland at 4 locations along the corridor. A minority of the impact is in the City of Shakopee, which has transferred its LGU authority for this application to the City of Prior Lake. The four impact locations add up to a total impact of 23,719 SF. Wetlands are proposed to be replaced through purchase of 25,991 SF of New Wetland Credit and 25,991 SF of Public Value Credit at an Off-site wetland bank. The WCA Technical Evaluation Panel (TEP) reviewed the proposed impacts and mitigation and supports both as proposed.__ Attached is the TEP "Findings and Conclusions" for this project, which is the basis for the staff recommendation. www.cityofpriorlake.com ~~;~?E~8~&Q@IV~\l'~,~&~rft'11t7c1t1t?45 Conclusion Staff recommends alternative #1, that the Council approve the Wetland Replacement Plan for the County Road 83 Project. ISSUES: Approval of the wetland replacement plan is a precondition to the initiation of this improvement project. FINANCIAL IMPACT: The costs associated with this work are incorporated into the overall project and are allocated between the City and County according to our cost sharing formula. ALTERNATIVES: 1. Approve a resolution approving the Wetland Replacement Plan for the County Road 83 Reconstruction Project. 2. Table this agenda item for a specific reason. 3. Deny this agenda item for a specific reason and provide staff with direction. RECOMMENDED MOTION: Alternative #1 . ReVie7bY: ;;J /q Frank Boyles, Ci,a r ... R\COLJl1cil\20CJ9 !\fJenda F\eports\07 20 O~J\OP0720 CH83 live!\ 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 09-xx A RESOLUTION TO APPROVE THE WETLAND REPLACEMENT PLAN FOR THE COUNTY ROAD 83 RECONSTRUCTION PROJECT (CITY PROJECT 09-001) Motion By: Second By: WHEREAS, On June 15, 2009 the City Council approved the design and Cooperative Agreement for the CR 83 Reconstruction Project (the "Project); and WHEREAS, The County has prepared plans for the Project that avoid unnecessary wetland filling to the greatest extent possible; and WHEREAS, The impact of the Project is a result of a safety upgrade to County Road 83 and sequencing criteria has been met; and WHEREAS, The anticipated impact of the Project is at four locations along the corridor totaling 23,719 square feet; and WHEREAS, The mitigation plan is designed to meet or exceed the Wetland Conservation Act required ratio and will occur in an official wetland bank; and, WHEREAS, The mitigation plan is in accordance with the Wetland Conservation Act and City of Prior Lake ordinances; and, WHEREAS, The Wetland Conservation Act Technical Evaluation Panel concurs with the proposed mitigation measures. NOW THEREFORE, BE IT HEREBY RESOL VEO BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Wetland Replacement Plan for the County Road 83 Reconstruction is hereby approved. PASSED AND ADOPTED THIS 20th DAY OF JULY 2009. YES NO I HaURen I Erickson I Hedberg I LeMair. I Millar Haugen Erickson Hedberg LeMair Millar Frank Boyles, City Manager www.cityofpriorlake.com n\Council\200Q :!?~~?<:A~t8~~I\-R~~I~~tt 7.4245