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Home My WebLink About4G - CSAH 42 & 83 Upgrades CITY COUNCil AGENDA REPORT DATE: AGENDA#: PREPARED BY: AGENDA ITEM: August 5, 2002 4G lARRY POPPlER, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR CSAH 42 AND CSAH 83 ROADWAY UPGRADES. 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 CSAH 42 and CSAH 83 Roadway Upgrades, the project requires approval of a wetland replacement plan for the project. The County is proposing to use a combination of on-site mitigation and wetland banking credits to comply with the Minnesota Wetland Conservation Act. The final design calls for 1.42 acres of existing wetland to be filled. A portion, 0.68 acres, is proposed to be replaced on-site. Approximately 2.52 acres of New Wetland Credit is proposed to be obtained through the County's wetland banking program. The proposal meets the mitigation and sequencing criteria. One comment from the Scott Soil and Water Conservation District was received during the comment period. Their attached letter stated that they have no objection to the wetland replacement plan. 162(JGlfgicg&~~~sMfil.2&sjwd..akoc 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. 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 August 13, 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 July 15, 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 CSAH 42 and CSAH 83. ALTERNATIVES: The alternatives are as follows: 1. Adopt the attached resolution that approves the Wetland Replacement plan for CSAH 42 and CSAH 83. 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: RESOLUTION 02~ 2-> RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR CSAH 42 and CSAH 83 PROJECT NO. 02-01 MOTION: JP SECONDED: U- WHEREAS, the County 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, 1.42 acres of varying types wetland to be filled and replaced using a combination of 0.68 acres of on-site mitigation (public value credit) and 2.52 acres of wetland banking (new wetland credit); and WHEREAS, one comment was received during the comment deadline period regarding the proposed wetland alteration permit application; and that comment was in support of the proposed wetland replacement plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that the Wetland Replacement Plan for the CSAH 42 and CSAH 83 project be approved. Passed and adopted this 5th day of August, 2002. Hau en Gundlach LeMair Peterson Zieska NO Hau en Gundlach LeMair Peterson Zieska {Seal} City Manager City of Prior Lake G:\Resolution\ResoI02\CSAH 42 and CSAH 83.doc 02-(Jl. Scott Soil and Water Conservation District 7151 West 190thStreet, Suite 125 .:. Jordan, MN 55352-2103 Phone: (952)492-5425 Fax: (952)492-5422 June 20, 2002 mLE@LED[lJLEfn] Wi JUN 2 4 2002 I~ By_ ____ L_} - ---. d To: Ms. Andi Moffatt 4150 Olson Memorial Hwy. Suite 300 Minneapolis, MN. 55422 From: Peter J. Beckius, District Manager Scott Soil and Water Conservation District Re: Wetland Replacement Plan Review for the County State Aid Highways #42 and #83 P~oject The Scott Soil and" Water Conservation District has reviewed the above referenced project. It appears that the project sponsor has demonstrated that sequencing principles have been applied. We have no objection to the issuance of a permit for this project. If you have any questions feel free to contact our office. Cc: Dan lobe, Scott County Highway Sue McDermott, City of Prior Lake Doug Snyder, BWSR EQUAL OPPORTUNITY EMPLOYER ~ WSB & Associates. Inc. Memoralldum To: Larry Poppler, P.E., Assistallt City Ellgilleer City of Prior Lake From: Alldi Moffatt, Biologist, WSB & Associates, Illc. Date: July 15, 2002 Re: CSAH 42 alld 83Wetlalld Replacemellt Applicatioll WSB Project No. 1430-16 Attached, please find a completed checklist for the Wetland Conservation Act (WCA) wetland replacement application for the Scott County CSAH 42/83 Improvement Project. A decision on this application must be made before the 60-day deadline of August 13, 2002. It is recommended that this application go before the City Council at their August 5, 2002 meeting. The Scott County Highway Department is proposing to upgrade these roads to four lane divided highways and provide a pedestrian trail on the south side ofCSAH 42 and east side ofCSAH 83, It is estimated that 61,900 sf(1.42 acres) of wetland Type 1,3,4,5, and 6 will be filled due to the road expansion and stormwater treatment pond construction. The wetland delineation report associated with this project has been reviewed and determined to be in conformance with the delineation criteria outlined within the 1987 Corps of Engineers Wetland Delineation Manual. Since the County is creating additional lanes for increased traffic capacity, the Board of Water and Soil Resources will not mitigate the wetland impact for the County. Therefore, the County has proposed to use a combination of on-site mitigation and wetland banking credits. The County anticipates creating 0.68 acres of Public Value Credit (PVC) on-site associated with the creation of that portion of the stormwater pond outside of the wetland. Approximately 2.52 acres of New Wetland Credit (NWC) is proposed to be obtained through the County's wetland banking site located in Aitkin County, MN. While replacement on-site, within the watershed, or within the County is priority in the Wetland Conservation Act, the County has adequately demonstrated that these options are not feasible within the timeframe of the project. Therefore, it is our determination that the Aitkin County wetland banking site is acceptable and in accordance with the Wetland Conservation Act. Normally, a Withdrawal of Wetland Credits Application would accompany the application to use a wetland bank. However, the Scott County obtained the wetland credits in Aitkin County as a withdrawal rather than a transfer. While this procedure was in error, Scott County and the Board of Water and Soil Resources have worked out this error by maintaining a history of the banking July 15, 2002 Page 2 of2 credits that have been used to date. Based on this history, the County has enough banking credits to apply to the CSAH 42/83 project. The replacement plan and application have been reviewed and found to be in conformance with the WCA. The County is in the process of obtaining the right-of-way for the project. It is recommended that the City Council approve the application for this project. A decision on this application must be made before the 60-day deadline of August 13, 2002. It is recommended that this application go before the City Council at their August 5, 2002 meeting. If the replacement plan is approved by the City Council, the City should sign Page 7 of the application in Appendix B of the application submittal and check the "approved with conditions" box with the following condition: X The County needs to provide a completed wetland banking accounting sheet with the appropriate agency initials prior to commencing construction. The City is required to notice the wetland decision within 10 days of making the decision. Please forward a copy of the signed Page 7 of the application 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 Tim Ramerth, Bolton & Menk Pete Beckius, Scott SWCD Doug Snyder, BWSR C:IWINDOWSITemporary Internet FilesIOLKB330\071502/p.doc WETLAND CONSERVATION ACT REPLACEMENT PLAN DETERMINATIONS LGU PROCEDURAL GUIDELINES CHECKLIST LGU: City of Prior Lake Project Name Scott County CSAH 42/83 Project Location Scott County, Sections 20-22,27-29, Tl15, R22 Date Replacement Plan Submitted: June 7, 2002 Date Replacement Plan Complete: June 14, 2002 INITIAL CONTACT WITH PROJECT PROPONENT Yes No l l l Pre-application meeting Site Visit (including other agencies) Evaluation via TEP (if deemed necessary) -Determined not be 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 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 10 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 Monitoring plan A monitoring plan is not needed as bank site monitoring is l l l l l ~ l l l l l l l .X- l l ~ complete 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. ******Within 10 days of receipt of complete application, Notice of Application must be mailed. ****** LGU Review Checklist (2000) SEQUENCING PROCESS Yes No N/A l Formal replacement plan received and deemed complete or application for replacement initiated. A voidance 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. l l l l l l --.X l REPLACEMENT PLAN Ev ALVA nON Yes No N/A 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 l l l l l l WETLAND REPLACEMENT STANDARDS Yes No N/A l Are the replacement plans goals supported by plan specifications? l 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? --.X Does the replacement plan discuss revegetation by planting if deemed necessary? l Have reasonable steps to control invasion by exotic species been included? Is an erosion control plan included? l Is placement of organic substrate necessary? l Sideslopes of 5: 1 or greater and a undulating bottom contour is included 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. l l Yes No N/A l l 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? l Has completed Application for Withdrawal of Wetland Credits been received? The Withdrawal of Credits application is not needed as credits were previously withdrawn by the County rather than transferred. See permit application for further details. ******Within 10 days of decision, Notice of Decision must be mailed. ****** LGU Review Checklist (2000)