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Home My WebLink About5C SMSC N Service Area Sanitary LinePR1� U trl 4646 Dakota Street SE ^1rso�P Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 18, 2011 AGENDA #: 5C 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 SMSC NORTH SERVICE AREA SANITARY LINE. DISCUSSION: Introduction This agenda item considers approval of a wetland replacement plan application for the Shakopee Mdewakanton Sioux Community (SMSC) North Service Area Sanitary Line. Histo 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 May 26, 2011 The City of Prior Lake received a WCA application for a no net loss determination, boundary review and replacement plan from the SMSC. Current Circumstances The SMSC is proposing a sanitary sewer construction project to redirect waste water discharge from the north residential community along McKenna Road. The construction of the project will result in possible temporary impacts to wetlands (depending on installation method) and 5,400 square feet of permanent wetland impact from the reconstruction of an access road to a proposed lift station. Mitigation for the permanent impact is proposed to be from the purchase of wetland bank credits from the German Settlement Wetland Bank in Scott County, part of the State Wetland Bank System. The applicant is also requesting a No Loss decision for the temporary impacts to wetlands due to the installation of the sewer line. The impacts are proposed to be rectified to pre - project conditions and seeded with wetland seed mix. The application also serves as a request for a wetland boundary decision for the two wetlands (N11, N20) that will be permanently impacted as part of the project. The wetland boundary within the project limits is proposed to be at an 885' contour, based on a Technical Evaluation Panel (TEP) on -site meeting and subsequent Findings of Fact. Conclusion The project meets the requirements for a replacement plan application, meets the sequencing requirements of the Wetland Conservation Act, and proposes to replace for wetland impacts in accordance with the Wetland Conservation Act. The Application should be approved contingent on wetland credits being debited from the State Wetland Bank and the City receiving the required assurance from the State Wetland Bank prior to wetland impact. The Notice of Decision is attached for review and signature. ISSUES: None FINANCIAL None IMPACT: ALTERNATIVES: The alternatives are as follows: 1. Approve a resolution approving a wetland replacement plan for the SMSC North Service Area Sanitary Line. 2. Deny this item for a specific reason and provide Staff with direction. RECOMMENDED Alternate 1 MOTION: / � P '"O_ N U uy 4646 Dakota Street SE `t so�c. Prior Lake, MN 55372 RESOLUTION 11 -xxx A RESOLUTION APPROVING A WETLAND REPLACEMENT PLAN FOR THE SMSC NORTH SERVICE AREA SANITARY LINE Motion By: Second By: WHEREAS, The City Council is the Local Governing Unit responsible for permitting under the Wetland Conservation Act; 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 5400 square feet; 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 applicant must provide the City the required assurance from the State Wetland Bank of wetland credit debit prior to wetland impact. 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 SMSC North Service Area Sanitary Line is approved. PASSED AND ADOPTED THIS 18th DAY OF JULY, 2011. YES NO M ser M ser Erickson Erickson Hedberg Hedber Keeney Keene - Soukup Souku Frank Boyles, City Manager Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) Address Prior Lake 4646 Dakota Street Prior Lake, MN 55372 1 _ PRn_TFCT TNFORMATinN Applicant Name Project Name Date of Application Shakopee Mdewakanton Sioux SMSC North Service Area Application Number Community Sanitary Flow May 26, 1100 -61 2011 ® Attach site locator map. Type of Decision: ® Wetland Boundary or Type ® No -Loss ❑ Exemption ❑ Sequencing ® Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findings and Recommendation (it ❑ Approve ❑ Approve with conditions ❑ Deny Summary (or attach): 2_ I.nC'AI, GOVERNMENT UNIT DECISION Date of Decision: July 18, 2011 ❑ Approved ® Approved with conditions (include below) ❑ Denied LGU Findings and Conclusions (attach additional sheets as necessary): BWSR Forms 7 -1 -10 Pagel of 3 The SMSC is proposing a sanitary sewer construction project to redirect waste water discharge. The construction of the project will result in possible temporary impacts to wetlands (depending on installation method) and 5,400 square feet of permanent wetland impact from the reconstruction of an access road to a proposed lift station. Mitigation for the permanent impact is proposed to be from the purchase of wetland bank credits from the German Settlement Wetland Bank in Scott County. The applicant is also proposing to install an outlet control structure in Wetland N11 to return the basin to the hydrologic conditions that existed prior to the construction of CSAH 83. The pre -CSAH 83 outlet elevation was at a 884.30' (as shown on the attached exhitbit (labeled Figure No. 1). The proposed outlet control structure will have an outlet at 884.30' which will maintain the basin at historic levels. This is necessary to avoid future flooding of the proposed access road to the lift station. -- The Replacement Plan Application to fill 5,400 square feet of wetland for the construction of an access road and mitigate the impacts through the purchase of wetland bank credits from the German Settlement Bank is approved on the condition(s) checked below. The applicant is also requesting a No Loss decision for the temporary impacts to wetlands due to the installation of the sewer line. The impacts are proposed to be rectified to pre - project conditions and seeded with wetland seed mix. -- Temporary impacts to wetlands due to the construction/installation of the sanitary sewer as described in the applicant's Replacement Plan Application dated May 19, 2011 are approved as a "No- Loss" on the following conditions: 1. appropriate native seed mixes are used in disturbed wetland areas; 2. all conditions under Minnesota Rule 8420.0415 Subpt. H are met. The application also serves as a request for a wetland boundary decision for the two wetlands (N11, N20) that will be permanently impacted as part of the project. The wetland boundary within the project limits is proposed to be at an 885' contour, based on a Technical Evaluation Panel on -site meeting and subsequent Findings of Fact, which is included in the application. - -The wetland boundary following the 885' contour within the construction limits as described in the SMSC Wetland Investigation and Delineation Report, dated May 19, 2011, and as reviewed in the field by the applicant and TEP on May 13, 2011 is approved. For Replacement Plans using credits from the State Wetland Bank: Bank Account # Bank Service Area County Credits Approved for 1175 9 Scott Withdrawal (sq. ft. or nearest .01 acre) 0.25 Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project - specific replacement that is not in- advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑ Deed Recording: For project - specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ® Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! BWSR Forms 7 -1 -10 Page 2 of 3 LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Title Signature Date Phone Number and E -mail THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: ChP�k nnP• ❑ Appeal of an LGU staff decision. Send ® Appeal of LGU governing body decision. Send petition and $ fee (if applicable) to: petition and $500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 4. LIST OF ADDRESSEES ® SWCD TEP member: Troy Kuphall ® BWSR TEP member: Ken Powell ® LGU TEP member (if different than LGU Contact): Jed Chesnut ❑ DNR TEP member: ® DNR Regional Office (if different than DNR TEP member) ❑ WD or WMO (if applicable): ® Applicant and Landowner (if different) ❑ Members of the public who requested notice: ® Corps of Engineers Project Manager ❑ BWSR Wetland Bank Coordinator (wetland bank plan decisions only) 5. MAILING INFORMATION ); a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareasAVCA areas.pdf BWSR Forms 7 -1 -10 Page 3 of 3 ➢For a list of DNR TEP representatives: www.bwsr.state.mn.us /wetlands /wca/DNR TEP_contacts.pdf ➢Department of Natural Resources Regional Offices: NW Region NE Region Central Region Southern Region Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources 2115 Birchmont Beach Rd. 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 Bemidji, MN 56601 For a map of DNR Administrative Regions, see: http: / /files.dnr.state.mn.Us /aboutdnr /dnr reaions.pdf ➢For a list of Corps of Project Managers: www.mvp.usace.gM.mil/re ug latoa /default.asp ?paaeid =687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP -R 180 Fifth St. East, Suite 700 St. Paul, MN 55101 -1678 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: ® CSAH 83 Reconstruction Exhibit, Existing Wetland NWL, Figure No. 1 ® North Residential Sanitary Sewer Construction, Forcemain Plan and Profile, Sheet 3.01 El BWSR Forms 7 -1 -10 Page 4 of 3