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Home My WebLink About8B Wetland Proposed AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: STAFF AGENDA REPORT 88 JOEL RUTHERFORD, WATER RESOURCES COORDINATOR INTRODUCE AND DISCUSS THE PROPOSED DEVELOPMENT OF A WETLAND BY MARK HYLAND JANUARY 18, 1994 Mark Hyland owns Gardens of Distinction, a nursery located at the intersection of County Road 82 and Fremont Avenue. He is asking the city for the approvals required to develop a wetland on his property. His proposal includes excavating the wetland, thus creating a pool of water in which he can raise water lilies, which he plans to harvest and sell. Staff has added this item to the agenda to discuss his proposal and to allow Council an opportunity to comment on it. Refer to the attached drawings for the location and a rough sketch of the proposed development. Also attached is an approved replacement plan for the wetland mitigation, stating the conditions of the replacement. Mr. Hyland was informed that the Council would have an opportunity to comment on this proposal, and that there were no assurances that a grading and filling permit would be issued. He will be attending the Council Meeting to present his proposal to the City Council. Gardens of Distinction is a nursery which offers a wide variety of exotic species not normally available from other nurseries. In 1993, the owner Mark Hyl~nd began discussions with city staff on what requirements were necessary to develop the wetland so that he could expand his business to include water lilies. He has since worked closely with the Scott Soil and Water Conservation District, the DNR, the U.S. Army Corps of Engineers, and city staff to determine the permits, licenses, and other requirements necessary to operate this type of facility. It was suggested by staff that before getting too far along in the process, that a presentation be made to the Council t9 allow their input, and to express any concerns they may have. -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T r DISCUSSION: The issues and concerns related to this proposal include the following: 1. The proposal includes filling and dredging of the wetland, and is therefore affected by the Wetland Conservation Act and the rules and policies of the U.S. Army Corps of Engineers. Applicaton of the Wetland Conservation Act was started in December when a replacement agreement was reached between the Owner and the LGU. This replacement required that any wetland lost by filling would require replacement by excavating areas adjacent to the wetland. The proposed filling will split the wetland into two separate areas: (1) the proposed area to be used for growing water lilies and (2) the remainder of the existing wetland, to be left undeveloped. This separation was necessary because of the sensitivity of water lilies to changes in water levels and water quality. By dredging the wetland, the applicant is required to obtain a permit from the U.S. Army Corps of Engineers. Mr. Hyland has been working with them to get this permit, which may take 3 or more months to obtain. Because of this delay, he is estimating he would not start construction until late 1994 or early 1995. An Excavating/Filling permit will also be required from the City. 2. The wetland is located upstream and within 1000' of Prior Lake. It is critical the DNR be involved to assure no undesirable species are introduced into Prior Lake. The DNR has held staff discussions over this proposal, since to their recollection, there are no other operations similar to this in the state. They have discussed their current policies and how they would apply to raising and harvesting water lilies or other aquatic plants. They would require a license, and would be very selective with the types of species allowed, to minimize the risk of introducing undesirable species into the lake. They are working with Mr. Hyland to reach an acceptable agreement of the restrictions and requirements needed prior to operating this type of business. Because the proposed use of this wetland is very similar to that which currently exists, and it is outside the urban service area, the primary concerns from a land use standpoint are those already listed. ACTION REQUIRED: This item has been added to allow Council an opportunity to discuss this issue and to offer their recommendation on how to proceed with the approvals for this development. -2- T T 11..411 c . ,..~ua.. J: )1100 I'...... $t". 10 ..ODI flO.tS !lU.'. I ........, ') )' . I ~ ,~.. I . I J', . . ~ \ ~ . I ,A.cU. e t~"'8L. t) PfI'e"a.. Eo 11\101 11'1" ,.4'" CK DtTl'UR CORP. 1.0-401 2"'41 '00"<1 N ./'. . pAllLGL ~ 269114 26'))1 EXISTING WETLAND g )"> 'I . I \ (" ,\ I..~O 'lIl' ... 15~t~_ 82 ~OAD "'_1 I '_' (' . . "- . 01 TO KOMaU'" .., _liS . , ". KOHOUT ,"."1 'l. ,-01 CRYSTAL BAY \.~\<.E. "t\\0f' . ......-.. ..~-T---,---... f \ II//': ~_\ )1_/,~f/?5?~ /?~%'l'.~ . :j I t//ff? '/.::.{ g:.? /:~ \~ ;-''---:1 J//I/ r1'-9/~/./. % ~ --::: 1;/;/ J t'i-fJ. 'L.'" .. . -- --- - ~ ~lli/~~v~ ~ ~ ., - .,,: \ 'I )I~) 1//;///// \~/~ ~/~'/~r/;~. I /, (f ~MI!IJ:~ / Ir : ),17~ r; ) - . j;'1'd/. (\ \ - ;;~_("I( I \ \ I ~ ~\) / '/ ) ~~~\\\\I\l1 ' , 'i') \)\ Wulllll). J ! IljlY,Jrt!1i .; 1/'l//1~ {/~))./ ~::-~ 1W!~,rtr l/fJ(tP(f{l ( /// ~;f))~ ) (((hljl.'~ -i- , )/' ill) ) ,~ 1[//11 / ~ ;II/II / ... t - ~{\~ (>- ~ h ~ ~ \.___'- /, (r::- " ;,I _ ,\\\ -- '- ,/" ) ~;; _ __,.-----.: _ ___ /~ (_~ ( J. .---- -"'" \' --...,.;- ~ ...,.; ,,~ (~ Exc.a..;)~ ~e- fo l' PoY"\~; Y\ J.- j(- - . . WETl.AN:) ~AS~EUEATED _ JEERING IL L t / ~-L_.-L / -.- ---. -- ~_!' ~ .*. .. . .. PIONEER .. englne.rin.r'l *.. 111I" '" .. 2~22 INTI"""'.' WIMOOT It Mile O'UVI MT.. W" II 120 SITE TOPOG RAPHY '" ~._,....,.,- - .. ---.,.--:':~-- ... "- 1- ~ . ~ ~ ~ " ~ -l" :I ~ \. ~ flgure 2 WETLAND CONSERVATION ACT 1991 REPLACEMENT AGREEMENT Mark Hyland, 14399 Watersedge Trail N.E.. Prior Lake, MN 55372 wishes to place fill in a wetland located in the SW 1/4, N.E. 1/4, Section 34, T 115 N. R 22 W. (City of Prior Lake). (Enclosed is an aerial photograph and survey plat showing the project location.) Minn. Stat. 1030.2369 states that the activity cannot take place unless the City of Prior Lake certifies that the lost wetland area will be replaced. In order to obtain the certification, Mark Hyland agrees to the following conditions: . Replace 18.000 sq. ft. of wetland lost by creating an equal area of wetland adjacent to the existing wetland in the S.W. 1/4. N. E. 1/4, Section 34, T 115 N, R 22 W. (City of Prior Lake). The created wetland will be completed by excavation. . Prior to any excavation or filling, an additional or amended Excavating/Filling Permit will be required for the work not included on permit #93-09. which was issued on September 9, 1993. . Erosion and sediment control, during construction, will be accomplished according to an acceptable erosion control plan. to be submitted with the Excavating/Filling Permit application. . The created wetland will have side slopes 6: 1 or flatter below the permanent water level. and slopes 4: 1 or flatter above the permanent water level. . The maximum depth (or cut) will be to elevation 912.0 feet and the minimum depth (or cut) will be to elevation 914.0 feet. . Topsoil will be spread along the upland areas of the property and seeded by May 1, 1995, as recommended in "Protecting Water Quality in Urban Areas", Section 6.21. . No work can begin until the United States Army Corps of Engineers authorizes a Nationwide or Individual permit for this project. . The wetland creation/replacement will be completed concurrent with the proposed wetland fill activity. Mark Hyland agrees to supply the City of Prior Lake with a letter of credit, cashier's check, cash escrow deposit, or cash, of $7,000.00, to be forfeited if the conditions of this agreement are not completed by June 30, 1995. Upon receipt of the security. the City of Prior Lake will certify replacement. ~ /2'- /?-:; Date ~<~J Joe u erfo , Ity 0 g or ake /2- l:Z. - '3 Date < <._<-<-<.<<.<--,----_.~< << <<---~<_.-