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Home My WebLink About5K - Water Resource Plan MEETING DATE: AGENDA # PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JANUARY 21, 2003 5K SUE MCDERMOTT, CITY ENGINEER CONSIDER APPROVAL OF COMMENTS REGARDING THE SCOTT COUNTY DRAFT COMPREHENSIVE WATER RESOURCE MANANGEMENT PLAN The purpose of this agenda item is to request the City Council to approve a letter with comments regarding the Scott County Draft Comprehensive Water Resource Management Plan (Water Plan). The letter is attached for your information. This is the first review of the Water Plan. Scott County is scheduling a Public Hearing in the near future. The Water plan will be used as the basis for managing surface and groundwater within the boundaries of the Scott Watershed Management Organization (WMO). The Water Plan provides the management goals, policies and objectives that the WMO will use to protect, preserve, and manage water resources in the WMO and will lead to the adoption of ordinances to enforce the objectives of the plan. The City of Prior Lake will be required to update its local plan to be in conformance with the WMO within 2 years after adoption of the WMO Plan. Minnesota Statutes 103B.235. details the requirements of local surface water management plans for municipalities within the metropolitan area. Staff comments include the following issues: · The Water Plan identifies Markley Lake as a management concern. If the WMO develops a management plan for Markley Lake, Prior Lake requests the opportunity to provide input. · The Water Plan discusses stricter construction standards in non- developed subwatersheds but does not address guidance or policies in developed subwatersheds. · More strict requirements for wetland mitigation for road projects than currently allowed in the Wetland Conservation Act. · Wetland buffer strips ranging from 25 feet to fifty feet depending on the wetland classification. Currently both the City and Prior Lake Spring Lake Watershed District allow a minimum 20-foot buffer with alternate strips of 10- feet in unique circumstances. · Several inconsistencies between the Water Plan and the County Zoning sco1tQ~~~lh~ek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Ordinance. Attached is a letter which more thoroughly addresses each of these issues, ALTERNATIVES: The alternatives are as follows: 1. Approve the attached letter with comments regarding the Scott County Draft Comprehensive Water Resource Management Plan as presented or with modifications. 2. Table or deny this agenda item for a specific reason. RECOMMENDED MOTION: REVIEWED BY: ScottCoun tywa terp Ian .doc January 22, 2003 Dr. Dawn Tracy Natural Resources Program Manager SCOTT COUNTY COMMUNITY DEVELOPMENT 200 Fourth Avenue West, A206 Shakopee, MN 55379 RE: Review Comments of Draft Comprehensive Water Resource Management Plan Dear Dr. Tracy: The City of Prior Lake has reviewed the Scott WMO draft Comprehensive Water Resource Management plan 2002-2006 and provides the following comments as approved by the Prior Lake City Council at their January 21,2003 meeting: 1. Scott WMO Role (Page 45): The Plan states that LGU's are responsible for adopting local water plans that implement the Scott WMO requirements. The Plan also states that the Scott WMO will playa direct role in projects and permits until LGU's have a plan in place and then will turn responsibility over to the LGU's. Prior Lake has a local plan in place that has been approved by Scott County. Prior Lake has a two-year grace period to update this plan to bring it into conformance with the Scott WMO requirements after adoption of the WMO Plan. Please provide clarification of the role of the Scott WMO in permitting and projects during this two-year grace period when the local plan is in the process of being updated. Furthermore, once responsibility has been turned over to the LGU, please clarify whether Scott WMO approval will be required for variances from the Plan, 2. Administration (page 137): Prior Lake will be required to update its local plan to be in conformance with the WMO within 2 years after adoption of the WMO Plan. The plan states that the WMO will begin the rule writing process after the adoption of the Plan. It is anticipated that additional details on the goals and policies will be developed as part of the rule writing process. Prior Lake is concerned about the timing and implementation of additional policies in the WMO plan and the subsequent impact on updating local plans. Clarification is also requested regarding what rules will apply to annexation areas. 3. Lakes and Streams with Water Management Concerns (page 63): Markley Lake is identified as a concern. If a management plan for this water body is to be developed by the WMO, it is requested that Prior Lake be allowed to provide input. Prior Lake and 16200 Ee!tEE~\s~t~Pa/irno!-ake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .._~-~.,...---"""""~'---,.'-,---,,<- Pike Lake are also identified. These lakes are in the Prior Lake Spring Lake Watershed District. 4, Flooding and Stormwater Rate Control (Page 74): The Plan recognizes flooding around landlocked lakes as an issue facing the County and also announces the County's intention to compose a list of landlocked lakes. The Plan further discusses stricter shoreland construction standards and easements to limit development as possible solutions, but this only applies to non-developed subwatersheds. Guidance or policies concerning outlets in developed subwatersheds, and specifically whether they will be supported and under what conditions should be provided by the WMO. 5, On-site versus Regional Ponding (policy III.l - Page 97): The Plan states that the WMO prefers on-site ponding for non-transportation projects. Off-site/regional ponding is encouraged for linear projects or for previously developed areas, or where on-site ponding is not feasible. This policy, however appears to conflict with the policy in Part I1L8 which encourages regional ponding. Clarification of these two policies should be provided by the WMO, It seems that the WMO, by using the words "prefers" and "encourages" is leaving the decision up to the LGU to determine whether or not regional versus on-site ponding should be required, 6. Infiltration Areas (policy III.2 and III.9 - Page 98; Appendix C): The plan states that a reduction in runoff rates will be promoted and the use of infiltration areas will be encouraged where feasible. However, Chapter 6 of the Scott County Zoning Ordinance states that infiltration of OS' of runoff from the new impervious areas must be infiltrated within 72 hours. The Plan states that the city's local water plans must be in conformance with the Scott WMO plan and include the provisions of the Scott County Ordinance. The plan and the Ordinance are in conflict with each other and clarification from the WMO is needed for this issue. 7. Wetland Mitigation for Road Projects (Policy V.4 - Page 109): The Plan states that transportation projects will be required to mitigate wetland impacts within the project corridor or as close to the project as possible. This is more restrictive than required by the Wetland Conservation Act and no provisions are provided in the Plan to allow for road project impacts to be replaced by the BWSR Road Replacement Program. Mitigation should be allowed within the same watershed or within Scott County. 8. Wetland Buffers and Management Plans (Policy V.9 - Page 109, Objective 1- Page 109-114): This policy requires a buffer around wetlands commensurate to their management classification. The objective states that a Comprehensive Wetland Management Plan will be developed and that the WMO will work with Savage to develop a County-wide Plan. Will Scott County be partnering with Prior Lake and other cities in development of plans? The Plan requires a minimum 25-foot protective buffer strip of permanent vegetation around wet detention ponds and wetlands classified as "utilize" and up to a 50-foot strip around wetlands classified as "protect." This conflicts with Prior Lake's current buffer requirement of a minimum 20-foot width with an average width of 30 feet for all wetlands and no requirement for detention ponds, Both the City's ordinance and Prior Lake Spring Lake Watershed District (PLSLWD) rules allow alternate buffer strips (minimum width of 10 feet) in the case of unique physical characteristics of a parcel. Other communities within the Twin Cities area have raised serious and valid questions G:\LETTERS\Sue02\scottwrplan2.doc relating to buffer requirements imposed by Watershed Districts/WMOs. Clarification should also be provided by the WMO as to which governmental agency will be responsible for evaluating the wetlands as this could have a significant monetary impact on the City. The Plan states that monumentation of the buffers will be required and also provides some specific parameters for the signs, which are preceded by "should." It is unclear whether these parameters are requirements or suggestions. The Plan states that the "signs should be 11 inches by 17 inches". Prior Lake will be revising sign size requirements to correspond with the PLSL WD rules for signage to be 5 inches by 7 inches. 9. Total Maximum Daily Loads (TMDLs) (part VI - Surface Water Quality - Page 115): This section outlines the water bodies that are proposed to be on the Total Maximum Daily Load (TMDL) list. Why are Upper and Lower Prior Lake and Pike Lake identified in the WMO plan when they are in the Prior Lake-Spring Lake Watershed District? Providing information about road salt storage and practices will be required as part of the City's NPDES Phase II permit. 10. Flood Management and Discharge Rates (page 130; Appendix C): The Plan states that discharge rates and flood storage volumes must be maintained. However, Chapter 6 of the Scott County zoning Ordinance requires that discharge rates for the 2-, 10- and 100-year not exceed pre-settlement conditions. The Plan and the Ordinance appear to be in conflict since the Plan states that "discharge rates and flood storage volumes must be maintained" but the County Ordinance requires limiting discharge rates to pre-settlement conditions. This issue should be further discussed and clarified by the WMO. 11. Low Floor Elevations and Road Elevations near the Floodplain (Objective 4 - Page 132-133): This portion of the Plan includes requirements to establish standards for road elevations near or within floodplains. These standards are more restrictive than MnDOT, Prior Lake believes that MnDOT standards should be adopted and that the Plan not be more restrictive. 12. Chapter 6 Scott County Zoning Ordinance (Appendix C): Prior Lake requires clarification of whether the City or County Zoning ordinance will apply in the case of annexation areas as the County ordinance is in conflict with the City's. Thank you for the opportunity to review the Scott WMO draft Plan. If you have any questions, please call me at (952) 447-9831. Sincerely, Sue McDermott, P.E. City Engineer CITY OF PRIOR LAKE Cc: Frank Boyles, City Manager City Council G:\LETTERS\Sue02\scottvvrplan2.doc ....__.._._-_._--,-----_....~-_._._--_.- - -.. -....-....... -- - .. --_.. -