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Home My WebLink About5B - Lakefront Plaza Wetland CITY COUNCIL AGENDA REPORT DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DECEMBER 2, 2002 5B SUE MCDERMOTT, CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR LAKEFRONT PL~ CITY PROJECT 02-41. DISCUSSION: 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. Current Circumstances As part of the Lakefront Plaza site plan, the developer has requested approval of a wetland replacement plan for the project. The City and Developer entered into an agreement for the Developer to construct a regional storm water pond on Lakefront Park Property. There is a wetland (DNR Public Water 169P) located adjacent to the proposed pond. All proposed work is being done above the Ordinary High Water level. The wetland fringe present above this elevation is under the jurisdiction of WCA that is administered by the City. The project will have an overall benefit to the wetland by providing water quality protection and storm water rate control to the main body of the wetland. The final design calls for 3,775 square feet of existing wetland to be filled. This will be mitigated at a rate of 2:1, with the creation of 7,794 square feet of new wetland on site. The proposal meets the mitigation and sequencing criteria. No comments were received 162fiQ,fgegfla~g€H'<fu~k~r~nfcl:i.qryOOke, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER during the comment period. The Corps of Engineers has issued a permit for this project. The Prior Lake/Spring Lake Watershed District supports this plan. 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. Conclusion Staff recommends that the Council approve the Wetland Replacement Plan for Lakefront Plaza. ALTERNATIVES: The alternatives are as follows: 1. Adopt the attached resolution that approves the Wetland Replacement plan for Lakefront Plaza (City Project #02-41). 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item for specific reason. RECOMMENDED MOTION: A motion and second to adopt Resolution 02-XX. REVIEWED BY: 171 RESOLUTION 02-~ RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR LAKEFRONT PLAZA PROJECT NO. 02-41 Jr SECONDED: Jfr MOTION: WHEREAS, the Lakefront Plaza Storm Water Pond project is being undertaken to construct a regional pond; and WHEREAS, the pond is designed to serve the Lakefront Plaza development, future reconstruction of Main Avenue, and other future development in the downtown area; and WHEREAS, the developer has prepared plans that avoid unnecessary wetland filling on the project to the greatest extent possible; and WHEREAS, the sequencing criteria as required by the Wetland Conservation Act has been met; and WHEREAS, 3,775 square feet of type 6 wetland to be filled and replaced at a 2 to 1 ratio: 7,794 square feet of new wetland; and WHEREAS, no comments were received prior to the end of the comment period deadline 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 Lakefront Plaza be approved. Passed and adopted this 2nd day of November, 2002. YES NO Hauqen \ Hauqen LeMair \ LeMair Petersen \ Petersen Zieska \ Zieska {Seal} City Manager City of Prior Lake 16200 ~~~sQW~Ife'S~IO~l~~oi1fp~\W1jwesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~ WSB & Associates, Inc. Memorandum To: Sue McDermott, P.E., City of Prior Lake From: Andi Moffatt, Biologist, WSB & Associates, Inc. Date: November 21,2002 Re: Lakefront Plaza Storm Water Pond Wetland Impacts WSB Project No. 1430-17 As requested, outlined below, please find a summary review of the wetland impacts associated with the Lakefront Plaza Storm Water Pond project: 1. The Lakefront Plaza Storm Water Pond project is being undertaken to construct a regional pond. The pond has been sized to serve the Lakefront Plaza development, future reconstruction of Main Street, and other future development in the downtown area. 2. The wetland (DNR Public Water 169P) adjacent to the pond was delineated on June 25,2002 by WSB & Associates, Inc. The Ordinary High Water level (OHW) is 921.1. This is the elevation to which the DNR has jurisdiction over the wetland. Any wetland fringe present above this elevation is under the jurisdiction of the Wetland Conservation Act (WCA) that is administered by the City. 3. The berm associated with the construction ofthe storm water pond is anticipated to fill 3,775 sfofa Type 6 wetland that is a fringe of the DNR Water. This impact is above the OHW. 4. Wetland mitigation for the wetland impact is proposed on-site through the creation of 7,794 sf of Type 3 wetland adj acent to the existing wetland. This wetland mitigation will be created in two areas. Mitigation Area #1 will be 6,450 sf and Mitigation Site #2 will be 1,344 sf. A 40+ foot buffer is also anticipated to be established around the wetland and mitigation sites. 5. The City Staffhas worked to minimize the impact to this wetland to the greatest extent feasible by considering relocating the pond, resizing the pond, and the "no build" option. However, these options were not feasible and it was determined that c: \ WINDOWSITempormy Internet FileslOLK39411121 02sm.doc Sue McDermott, P.E. November 21,2002 Page 2 of2 the project will have an overall benefit to the wetland resource by providing water quality protection and storm water rate control to the main body of the wetland. 6. The wetland replacement plan application was submitted to the DNR, US Corps of Engineers, the WCA Technical Evaluation Panel, the Prior Lake-Spring Lake Watershed District, and others for permit approval and/or a 30-day comment period. The comment period ended November 15,2002. No comments were received. 7. Permits/approvals for this project are needed from the US Corps of Engineers and the City of Prior Lake for the Wetland Conservation Act. 8. A letter from the DNR was received stating that they do not have jurisdiction over the project and no DNR permit is needed. 9. WSB is following up with the US Corps of Engineer on the status of their review of this proj ect. This project meets the requirements of the Wetland Conservation Act. Therefore, we recommend that the City Council approve the wetland replacement plan as proposed within the October 16, 2002 permit application and outlined in the attached Findings and Conclusion document. If you have any questions or need additional information, please feel free to call me at (763)287-7196. c. Dave Hutton, WSB C:IWINDOWSITemporary Internet Files I OLK394\1 I2I02sm.doc CITY OF PRIOR LAKE 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 WETLAND CONSERVATION ACT DETERMINATION FINDINGS AND CONCLUSIONS Name of Applicant: City of Prior Lake Project name: Lakefront Plaza Storm Water Pond The wetland replacement plan for the above referenced project was approved by the Prior Lake City Council on December 2, 2002 based on the findings and conclusions outlined below. The 30-day comment period ended on November 15,2002. No comments were received. It has been determined that wetland impacts have been avoided, minimized, rectified, and reduced to the greatest extent reasonable based on site constraints within the project area. For those impacts that could not be avoided, the proposed wetland replacement plan includes the following impact and mitigation plans: Square feet Acres Wetland Fill 3,775 0.087 Wetland Excavation NA Total Impact 3,775 0.087 New Wetland Credit Proposed 7,794 0.18 Public Value Credit Proposed 0 Total Miti2atio~ Proposed 7,794 0.18 Total Miti2ation Required 7,550 0.17 The submitted application is approved based on the following conditions: 1. An average 30' buffer strip is maintained around the wetland. 2. Mitigation area monitoring reports will be prepared yearly for five years beginning the first growing season of the mitigation areas. The City will be responsible for this monitoring. 3. The WCA Deed Forms are filed with the County, as required. Qualified by the above conditions, the wetland replacement plan has been determined to offset the wetland impacts and fully complies with the Wetland Conservation. NOTICE OF WETLAND CONSERVATION ACT DECISION City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 Name of applicant: City of Prior Lake Project name: Lakefront Plaza Storm Water Pond Type of application: - Exemption Replacement plan - No loss - Banking plan Location of project: Scott County - Section 2, Tl14N, R21 W Date of decision: December 2, 2002 Type of decision: - Approve Approve with conditions (conditions listed on Findings) - Deny List of addressees: City of Prior Lake' Ms. Lynda Peterson 16200 Eagle Creek Avenue Board of Water and Soil Resources Prior Lake, MN 55372 One West Water Street - Suite 200 S1. Paul, MN 55107 Mr. Pete Beckius Mr. Wayne Barstad Scott County SWCD DNR - Ecological Services Division 7151 W 190th St- Suite 125 1200 Warner Road Jordan, MN 55352 S1. Paul, MN 55106 DNR Wetland Coordinator Mr. Tim Fell Ecological Services Section US Corps of Engineers 500 Lafayette Road, Box 25 Attn: CO-R 190 Fifth Street E S1. Paul, MN55155 S1. Paul, MN 55101 Mr. Pat Lynch Mr. Paul Nelson DNR Waters Prior Lake - Spring Lake Watershed District 1200 Warner Road 16670 Franklin Trail - Suite 110 S1. Paul, MN 55106 Prior Lake, MN 55372 You are hereby notified that the decision of the Local Government Unit on the above-referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commended by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) days of the date of the mailing of this Notice: Date of mailing of this notice: City of Prior Lake By: Title: