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Home My WebLink About4I - Red Cedar Heights CITY COUNCIL AGENDA REPORT DATE: AGENDA #: PREPARED BY: AGENDA ITEM: JULY 15, 2002 tiT. SUE MCDERMOTT, CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR RED CEDAR HEIGHTS, CITY PROJECT 02.32. 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 Red Cedar Heights development plan, the developer has requested approval of a wetland replacement plan for the project. There is a wetland located generally in the center of the parcel. The reason a replacement plan is required is due to proposed street construction that was requested by staff in order to connect Overlook Drive between Toronto Avenue and Mushtown Road. The developer has minimized wetland fill by designing a 28- foot wide street versus the 32-foot side standard. The City's subdivision ordinance allows for 28-foot street widths in environmentally sensitive areas. The final design calls for 5,116 square feet of existing wetland to be filled. This will be mitigated at a rate of 2:1, with the creation of 8,476 square feet of new wetland on site and 6,357 square feet of credit through the establishment of upland buffer (of which 75% is eligible for credit). The proposal meets the mitigation and 162{H~pij;(\.~entla0Ned&xElI.\~ajDot;ake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER __~"....,.,~.,.."....~.__>-,~._,,,."_......_~.~",",,_........_,~,_,=..-,,.__o_"_-'.~_'''_ 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. Also noted in this memorandum is that a decision on this application must be made by is July 18, 2002 in accordance with Minnesota Statutes, section 15.99 which requires a decision to be made within 60 days of a receipt of a complete application (see attached memorandum dated May 17, 2002). Also included with this report is the WCA Replacement Plan Determination Checklist. Conclusion Staff recommends that the Council approve the Wetland Replacement Plan for Red Cedar Heights. AL TERNATIVES: The alternatives are as follows: 1. Adopt the attached resolution that approves the Wetland Replacement plan for Red Cedar Heights (City Project #02-32). 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 02-XX. REVIEWED BY: 'J} RESOLUTION 02~) RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR RED CEDAR HEIGHTS PROJECT NO. 02.32 MOTION: ~\P SECONDED: ft6 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, 5,116 square feet of type 3 wetland to be filled and replaced at a 2 to 1 ratio: 8,476 square feet of new wetland and 6,357 square feet of public value credit through the establishment of upland buffers 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 Red Cedar Heights be approved. Passed and adopted this 15th day of July, 2002. YES NO Hauqen \ Hauqen Gundlach \ Gundlach LeMair \ LeMair Peterson \ Peterson Zieska \ Zieska l {Seal} City Manager City of Prior Lake 16200 ~~IffiIGk\~~d2\~d&lMr!::le~tsMbenesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~ WSB & Associates, Inc. Memorandum To: Sue McDermott, P.E., City Engineer City of Prior Lake From: Andi Moffatt, WSB & Associates, Inc. Date: July 9, 2002 Re: Red Cedar Development Wetland Replacement Application WSB Project No. 1430-07 Attached, please find a completed checklist for the Wetland Conservation Act (WCA) wetland replacement application for the Red Cedar Heights development project. Tom Holme Construction, Inc. proposes to fill 5,116 sf of a Type 3 wetland associated with the extension of Overlook Drive. Mitigation is proposed on-site through 8,476 sf of New Wetland Credit (NWC) through the expansion of the existing wetland and 6,357 sf of Public Value Credit (PVC) through the establishment of upland buffers. No excavation within the existing wetland is proposed. The replacement plan and application have been reviewed and found to be in conformance with the WCA. It is recommended that the City Council approve the replacement plan based on the following condition: 1. The WCA Deed forms (included with the application) must be finalized prior to construction. It is recommended that the City Attorney review these forms and work with the applicant to finalize the forms. A decision on this application must be made before July 18, 2002. If the replacement plan is approved by the City Council, you should sign Page 8 of the application and check the "approved with conditions" box. The City is required to notice the decision within 10 days of making the decision. Please forward a copy the signed Page 8 to WSB if you wish us to notice the decision. If you have any questions, please feel free to call me at (763)287-7196. Attachment c. Dave Hutton, P .E., WSB ~ WSB & Associates, Inc. .suite30~~+~; :'Minneapolfs,: c. Minnesota 55422 763.541.4800 763.541.1700 FAX 02-)L Memorandum To: Dean Morlock, Tom Holme Construction William Morris, Hakanson Anderson Associat From: Andi Moffatt, Biologist WSB & Associates, Inc. Date: May 17,2002 Re: Red Cedar Heights - WCA Application WSB Project No. 1430-07 On behalf of the City of Prior Lake, we are informing you that the City is extending its 60-day decision timeline on your Wetland Conservation Act application for the above referenced project an additional60-days as per Minnesota Statute 15.99 to obtain agency comments and allow the City Council to review the application. The application was received on March 20, 2002. The decision deadline will be extended to July 18, 2002. If you have any questions, please feel free to call me at (763)287-7196. c. Sue McDermott, P.E., City of?rior Lake Pete Beckius, Scott COWlty SWCD Doug Snyder, BWSR Mark Kjolhaug, Kjolhaug Environmental Dave Hutton, P.E., WSB . Minneapolis. St. Cloud. Equal Opportunity Employer WETLAND CONSERVATION ACT REPLACEMENT PLAN DETERMINATIONS LGU PROCEDURAL GUIDELINES CHECKLIST LGU: Citv of Prior Lake Project Name Red Cedar Heights Project Location Scott Countv, NW1/4. Sll. Tl14, R22 Date Replacement Plan Submitted: March 20, 2002 Date Replacement Plan Complete: Mav la, 2002 INITIAL CONTACT WITH PROJECT PROPONENT Yes No l l Pre-application meeting Site Visit (including other agencies) - City Staff visited site to check delineation l Evaluation via TEP (if deemed necessary) REPLACEMENT PLAN COMPONENTS Yes No l l Postal address of applicant( s) If Company, name of principle Officers, parent companies, owners/partners, subsidiaries, managing agents, involved consultants Statement of replacement prior to or concurrent with impact Recent aerial photo or accurate map of impact site (on plans dated May 10, l l 2002) l l l .-X l .x.. Location of impact by County, watershed, and quarter section Size of impacted wetland and replacement wetland Wetland Type (circular #39 or Cowardin) List of dominant vegetation at impact and replacement site Soils map showing substrate and type for impact and replacement site (where available) Location of inlets into and outlets from both the impacted and replacement wetlands Nature of proposal, areal extent, with detailed description of impacts Evidence of ownership or rights to affected areas, incl. legal description List of all other local, state, and federal permits required Scale drawings of replacement plan, profile views, and fixed photo point Statement indicating replacement wetland was not previously restored or created for other regulatory purposes. Statement indicating the replacement wetland was not drained or filled under an exemption during previous IO years Statement indicating replacement not conducted using funds of another unless paid back by landowner. Statement indicating replacement wetland was not restored with funds from public conservation programs l Monitoring plan l Other information considered necessary by LGU Note: If any of the above items are checked No ,the application is not complete, and should not be considered for decision by the LGU until the information is submitted. When submitted, record the date to indicate that the replacement plan is now complete. l l l l l l l l LGU Review Checklist (2000) ******Within 10 days of receipt of complete application, Notice of Application must be mailed. ****** SEQUENCING PROCESS Yes No N/A x.. Formal replacement plan received and deemed complete or application for replacement initiated. Avoidance alternatives provided by applicant. Alternatives evaluated for feasibility by LGD. Minimization steps taken by applicant. Impact rectification is initiated by applicant. Impact reduction or elimination over time by applicant. Replacement of unavoidable impacts by applicant. On-site sequencing conducted. Sequencing flexibility applied. x.. x.. x.. l x.. l ...z ...z REPLACEMENT PLAN Ev ALVA nON Yes No N/A x.. l l l l l l l Sequencing completed Evaluation of Functions and Values completed (replacement and impacted wetland) Type of Replacement identified (i.e., restoration, creation) Proposed action is eligible to serve as replacement Timing of replacement is concurrent with or prior to impact Location of replacement is acceptable Size of replacement is sufficient Special considerations listed in 8420.0540 have been considered WETLAND REPLACEMENT STANDARDS Yes No N/A x.. l Are the replacement plans goals supported by plan specifications? Is a control structure involved and does it need a dam safety permit by MDNR? Are site perimeter Best Management Practices (BMPs) included in the plan? Does the replacement plan discuss revegetation by planting if deemed necessary? Have reasonable steps to control invasion by exotic species been included? Is an erosion control plan included? Is placement of organic substrate necessary? Sideslopes of 5: 1 or greater and a undulating bottom contour is included - to the x.. x.. l x.. l x.. extent necessary REPLACEMENT PLAN ApPROVAL Note: This section follows review of a COMPLETE replacement plan application. If any of the items below are checked No ,the replacement plan approval may not be finalized, and no work may begin on the project until this information is submitted. Has evidence of title for land containing replacement wetland been reviewed? Has proof of recording of Declaration of Restrictions and Covenants for replacement wetland been received? Has completed Application for Withdrawal of Wetland Credits been received? To be further reviewed by the City Attorney following approval of application. ******Within 10 days of decision, Notice of Decision must be mailed. ****** LGU Review Checklist (2000) I> J N W+E s l.oW8I' prior Lake l.oWEll' Poor Leke <::J o [1 [1 0- \S 00 ~ DO ",'bQ' C:;";;J~1 o ~D 0 o ". P<:), 0 0 0 /'., J~~"'::~l~~Oo ~ n ~ ~ I~ gll~ ~I R D Road wI Concrete Curb & Gutter PROJECT AREA MAP EXHIBIT 1 _........~_________.~,.._......,_~,..~" " .,_".,,_______~__."~..______.___..~___+. _.....~~,_......~._......,,__~__ __,~_.".~.__,._.._.~.._.._____4_^........,.",.,,' , ~-,-_._._._._."-----------_.~~.-