HomeMy WebLinkAbout5E Resolution Approving Wetland Replacement Plan04tr l vm)solt �
CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 7, 2011
AGENDA #: 5E
PREPARED BY: ROSS BINTNER, WATER RESOURCES ENGINEER
PRESENTER: ROSS BINTNER, WATER RESOURCES ENGINEER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A WETLAND
REPLACEMENT PLAN FOR THE 2011 WATER QUALITY
MAINTENANCE AND RETROFIT PROJECT (CITY PROJECT #11 -012)
DISCUSSION: Introduction
This agenda item approves a wetland replacement plan for the 2011 Water
Quality Maintenance and Retrofit Project.
History
The City Council is the Local Government Unit under the Wetland
Conservation Act.
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 November 16, 2010 the City Council accepted bids and awarded a
contract to Quiring Excavating for the 2011 Water Quality Maintenance
Project.
Current Circumstances
Maintenance activities at 3 sites on the 2011 Water Quality Maintenance
and Retrofit Project will permanently impact nearby wetlands. This was
determined as part of the final project permitting. Because existing ponds
were constructed in existing wetlands during the 1990's they are required
to be mitigated. Staff has determined that the wetlands impacts were not
mitigated at the time of the pond construction and now need to be
completed.
The wetland replacement plan application for this project proposes to
permanently impact wetlands and replace the functions and values in an
approved mitigation bank. The total impact is 0.406 acres, and the
mitigation ratio is 2:1, wetland bank credit to impact. Wetlands are
proposed to be replaced through purchase of 0.82 acres of wetland credit
at an approved wetland bank.
Conclusion
In order to properly maintain the existing stormwater ponds the City needs
to mitigate impacts in accordance with the WCA. The WCA requires this
wetland replacement plan, a copy of which is available in the Engineering
office.
ISSUES: The City may have the opportunity in the future to consider partnering with
the Watershed District to build mitigation bank sites tributary to local lakes,
providing benefit to water quality and allowing additional flexibility when
constructing and maintaining the water quality utility infrastructure. The
project may not move forward unless the city completes this mitigation
step.
FINANCIAL Quotes were sought from 3 approved wetland banks, and the lowest cost
IMPACT: was chosen. Wetland replacement credit will be purchased from a bank
owned by WestStar Properties, Inc for $21,780 /acre plus a 6.5%
transaction fee to the Board of Water and Soil Resources for administration
of the wetland bank. The total cost comes to $18,837.72
The majority of this cost will be offset through reductions in project cost,
due to savings in reduced costs of trucking and land filling PAH
contaminated sediment material.
ALTERNATIVES: The alternatives are as follows:
1. Approve a resolution approving a wetland replacement plan for
Maintenance and Retrofit Project (City Project #11 -012).
2. Deny this item for a specific reason and provide Staff with direction.
3. Table this item until some date in the future.
RECOMMENDED Alternate 1
MOTION:
iger
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 11 -xxx
A RESOLUTION APPROVING A WETLAND REPLACEMENT PLAN FOR THE 2011 WATER
QUALITY MAINTENANCE AND RETROFIT PROJECT (CITY PROJECT #11 -012)
Motion By:
Second By:
WHEREAS, On November 15, 2010 the City Council accepted bids and approved completion
of the 2011 Water Quality Maintenance and Retrofit Project; and
WHEREAS, It was determined as part of final project permitting that a wetland replacement
plan was required for maintenance of ponds previously constructed within
wetlands without mitigation; and
WHEREAS, The wetland replacement plan avoids unnecessary wetland filling on the project to
the greatest extent possible; and
WHEREAS, Sequencing criteria has been met; and
WHEREAS, The proposed impact is 0.42 acres; and
WHEREAS, Mitigation is proposed to meet or exceed the WCA required ratio: 2:1, and
WHEREAS, The mitigation plan is in accordance with the Wetland Conservation Act and City
of Prior Lake ordinances; and
WHEREAS, The City has solicited costs for wetland credits to be purchased with the low quote
submitted by WestStar Properties Wetland Bank in the amount of $18,837.72.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Wetland Replacement plan for the City Project #11 -012 is approved.
3. The City Manager is authorized to complete the Wetland Credit purchase in an amount not
to exceed $18,837.72 with the WestStar Properties Wetland Bank.
4. Project funding shall come from Account # 602 -49420 -530.
PASSED AND ADOPTED THIS 7th DAY OF FEBRUARY, 2011.
YES
NO
M ser
M ser
Erickson
Erickson
Hedberg
Hedber
Keeney
Keene
Soukup
Souku
Frank Boyles, City Manager