HomeMy WebLinkAbout9A - Jeffers Pond
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
JANUARY 3, 2005
9A
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION MAKING A
NEGATIVE DECLARATION ON THE NEED FOR AN
ENVIRONMENTAL IMPACT STATEMENT FOR THE
JEFFERS POND DEVELOPMENT
Historv: Wensmann Realty, Inc. and Paul Oberg, Executor of the
Jeffers Estate, are proposing to develop 336 acres of land located at the
southwest quadrant of the intersection of CSAH 42 and CSAH 21.
The proposed development includes 693 housing units consisting of a
wide variety of home ownership options including senior apartment
rental units, townhomes, condominiums, twinhomes, and single-family
homes. In addition to the residential component, the project also
includes approximately 24 acres of developable commercial area. The
proposed development will also provide several public use facilities,
including a future elementary school, fire station, and a transit station.
The number of proposed dwelling units included within the project
triggered the need for a mandatory Environmental Assessment
Worksheet (EA W) under Minnesota Rules 4410.4300, subp. 19.
Under Minnesota Rules, the City Council is designated as the
Regulatory Governmental Unit (RGU) charged with preparing and
making the decisions on the EA W.
The City hired Liesch Associates to prepare the EA W on its behalf.
The EA W was completed in November and distributed to the
Environmental Quality Board (EQB) mailing list and other interested
parties on November 8, 2004. Notice of the EA W was also sent to the
Prior Lake American on November 6, 2004, and published in the EQB
Monitor on November 8, 2004. The comment period on the EA W
expired on December 8, 2004.
Comment letters were received from the Metropolitan Council, the
Army Corps of Engineers and the Minnesota Department of Natural
Resources. Copies of the letters and the responses to these comments
are attached to this report.
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Current Circumstances: Minnesota Rules 4400.1700, subp. 2,
requires a decision on the need for an EIS be made within 30 days of
the expiration of the comment period. The decision must be based on
the following criteria:
a) The type, extent and reversibility of environmental effects;
b) The cumulative potential effects of related or anticipated future
projects;
c) The extent to which the environmental effects are subj ect to
mitigation by an ongoing public regulatory authority;
d) The extent to which the environmental effects can be anticipated
and controlled as a result of other environmental studies
undertaken by public agencies or the project proposer, or ofEIS's
previously prepared on similar projects.
Each of these criteria is discussed in detail in the attached Exhibit A
labeled "Findings of Fact and Conclusions."
The Issues: The major issues identified in the EA Wand in the
comments submitted pertain to the runoff generated by this
development, the impacts of the traffic generated by the development
and the impacts on the wetlands on the site.
The infrastructure needs, storm water management needs and wetland
mitigation were all analyzed and determined based on the maximum
build-out of the site, per the City of Prior Lake Zoning Ordinance.
Any further subdividing of the project site would not create any
additional infrastructure needs, impervious surfaces or additional
storm water management needs. Therefore, all cumulative impacts
have been analyzed.
A primary element of the proposed Project is the adequate control and
treatment of surface water runoff, both with regard to on-Site wetland
quality and the Prior Lake outlet channel that runs through the property
within the Watershed easement. The City and the Watershed have
requirements to restrict post-development storm water rates and these
requirements were taken into consideration in preparation of the Storm
Water Management Plan.
Increased traffic resulting from the Project as well as other adjacent
development in the City will increase noise. The overall proposed
Project layout situates the retail and commercial development nearest
to the major roadway intersection, CSAH 42 and CSAH 21, where
noise levels are expected to be highest and situates institutional
development (elementary school and fire station) along CSAH 21.
Residential units are generally situated at greater distance from the
major roads.
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The results of the noise analysis indicate that, considering the worst-
case scenario, some proposed residences in close proximity to portions
ofCSAH 21 are predicted to be above State standards. Incorporation
of berms and other landscaping as mitigative measures will be required
to reduce the noise levels to below State standards.
At the public hearing, the Planning Commission heard testimony about
the potential noise impacts of this development on the Carriage Hills
development on the east side of CSAH 21. The City Council heard
these same concerns at the public forum on December 20,2004.
Aerial photographs indicate there were some trees removed along the
east side ofCSAH 21, probably for the road project. The staffhas
contacted the Scott County Highway Department to obtain more
information on this project.
This development will have some impact on the traffic levels and noise
levels in the area, especially during construction. However, the traffic
study notes even without construction of this project (no-build
conditions) the traffic and noise levels on CSAH 21 will increase by
the year 2009. Build-out conditions result in a 1 decibel increase in the
anticipated noise levels from the no-build conditions. The proposed
development does not significantly impact the anticipated noise levels.
The EA W has also determined the potential traffic generated as a
result of this development will impact the turning movements on
CSAH 21 at the Fountain Hills intersection and on CSAH 42 at the
new McKenna Road intersection. In order to mitigate this impact, the
developer will be required to contribute in the cost of the construction
of turn signals at the CSAH 21 and Fountain Hills intersection and an
escrow for this purpose will be set out in the Development Contract.
When Scott County determines the signal is needed, these funds will
be utilized for that construction. The nature and the amount of the
contribution will be determined as part of the final plat and
development contract approval process.
The total wetland fill proposed for the proj ect is 1.07 acres combined
from 17 individual areas. Compensatory wetland mitigation of 1.08
acres of new wetland and 1.07 acres of public value credits is proposed
on site. Additional wetland mitigation is required to account for the
required 2: 1 replacement ratio. For the Project the replacement ratio is
met by utilizing a portion of the Public Value Credit created by the
storm water ponds and associated wetland buffer areas. Wetland filling
will be mitigated through on-site wetland mitigation and use of
existing banked credits.
This project is also subject to permit review and approval from several
other agencies, including the Army Corps of Engineers, the Minnesota
Pollution Control Agency, the Minnesota Department of Health, the
Scott County Highway Department and the Prior Lake-Spring Lake
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FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
Watershed District. These permits will assess the impacts of the
project based on current statutes. These permits will only be issued
after a negative declaration on the EA W, and after City approval of the
development.
Conclusion: All comments from the state and local agencies note an
EIS is not necessary for this development. The environmental impacts
of this project will be addressed through the standard permitting
process. The staff therefore recommends the City Council make a
negative declaration on the need for an EIS.
BudJ!et Imoact: There is no budget impact as a result of this action.
The City Council has two alternatives:
I. Adopt a resolution making a negative declaration on the need for an
EIS for this project.
2. Determine there is a need for further environmental review of this
project. In this case, the Council must direct the staff to prepare a
resolution declaring the need for an EIS based on specific findings
of fact.
rnative # I. A motion and second approving
tive declaration on the need for an EIS is
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
ENVIRONMENTAL ASSESSMENT WORKSHEET (EA W)
RESOLUTION 05-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCILMAKING A NEGATIVE DECLARATION
ON THE NEED FOR FURTHER ENVIRONMENTAL REVIEW AS A RESULT OF THE JEFFERS
POND ENVIRONMENTAL ASSESSMENT WORKSHEET (EA W)
MOTION BY:
SECOND BY:
WHEREAS: The applicants, Wensmann Realty, Inc. and Paul Oberg, executor of the Jeffers Estate, have
made application for consideration of a Preliminary Plat related to the Jeffers Pond development;
and
WHEREAS: The project requires preparation of a mandatory EA W pursuant to Minnesota Rules 4410.4300
Subpart 19; and
WHEREAS: The EA W was approved for distribution and was published in the Environmental Quality Board
Monitor on November 8, 2004. The 30 day comment period ended December 8, 2004; and
WHEREAS: The City Council is required to base its decision on the need for an Environmental Impact
Statement (EIS) and the proposed scope of an EIS on the information gathered during the EA W
process and on the comments received on the EA W. Pursuant to Minnesota Rules 4410.1700, in
deciding whether a project has the potential for significant environmental effects, the following
factors shall be considered:
a. Type, extent and reversibility of environmental effects.
b. Cumulative potential effects of related or anticipated future projects.
c. The extent to which the environmental effects are subject to mitigation by
ongoing public regulatory authority.
d. The extent to which environmental effects can be anticipated and controlled as
a result of other environmental studies undertaken by public agencies or the
project proposer, or ofEISs previously prepared on similar projects; and
WHEREAS: The EA W prepared by Liesch Associates, Inc. is incorporated herein; and
WHEREAS: Comments regarding the EA W were received during the 3D-day comment period ending
December 8, 2004. Responses to those comments dated January 3, 2005 are incorporated herein.
All comments were adequately addressed and no further information is needed; and
WHEREAS: None of the potential environmental effects identified in the EA Ware deemed to be significant
or to materially adversely affect the environment, particularly in light of the mitigative measures
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proposed or integrated into the project and the extent to which they are subject to regulatory
authority; and
WHEREAS: Based on the Findings of Fact and Conclusions, the project does not have the potential for
significant environmental impacts; and
WHEREAS This documents all matters set forth above and incorporated herein, together with all matters in
the same, shall constitute the Record of Decision.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA:
A. The above recitals are incorporated herein as if fully set forth.
B. Based on the foregoing information and applicable ordinances, the proposed Jeffers Pond development does
not have potential for significant environmental effects and that preparation of an EIS is not to be required
based on a review of the submitted EA Wand evidence received.
C. The preparation of an Environmental Assessment Worksheet (EA W) and the comments received on the
EA W has generated information adequate to determine whether the proposed development to be known as
Jeffers Pond has the potential for significant environmental effects.
D. An Environmental Impact Statement is not required for the Jeffers Pond development.
E. The attached Findings of Fact and Conclusions are incorporated herein as Exhibit A as if fully set forth.
Passed and adopted this 3rd day of January, 2005.
YES NO
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zieska Zieska
Vacant Vacant
{Seal} Frank Boyles, City Manager
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16200 Eagle Creek Avenue S.E. EXHIBIT A
Prior Lake, MN 55372-1714
FINDINGS OF FACT AND CONCLUSIONS
IN THE MATTER OF THE DECISION ON THE NEED FOR AN ENVIRONMENTAL
IMPACT STATEMENT (EIS) FOR THE PROPOSED JEFFERS POND DEVELOPMENT
Wensmann Realty, Inc. and Paul Oberg, Executor of the Jeffers Estate, are proposing to develop
336 acres of land located at the southwest quadrant of the intersection ofCSAH 42 and CSAH
21. The proposal calls for a mixed-use development consisting of retail space and offices, single
family homes, residential condominiums, townhomes, senior apartments, an elementary school
site, a fire station site, transit station site, and parks and trail on a total of 336 acres. Pursuant to
Minn. R. 4410.4300, subp. 19, the City of Prior Lake has prepared an Environmental Assessment
Worksheet (EA W) for this proposed proj ect. As to the need for an Environmental Impact
Statement (EIS) on the project and based on the record in this matter, including the EA Wand
comments received, the City of Prior Lake makes the following Findings of Fact and
Conclusions:
Findings of Fact
I. PROJECT DESCRIPTION
A. Project
The Jeffers Pond Development consists of 336 acres of undeveloped land located
in the southwest quadrant of Highway 21 and County Road 42 in Prior Lake,
Minnesota. The proposed development includes 693 housing units consisting of a
wide variety of home ownership options including senior apartment rental units,
townhomes, condominiums, twinhomes, and single-family homes. In addition to
the residential component, the project also includes approximately 24 acres of
developable commercial area. The proposed development will also provide
several public use facilities, including a future elementary school, fire station, and
a transit station.
B. Project Site
The proposed Jeffers Pond project is situated within 336 acres of land located in
the southwest quadrant of County Highway 42 and County Highway 21 in the
City of Prior Lake (referred to as "Jeffers Pond site" or "Site"). The Site is
currently undeveloped with the exception of a farmstead located near the
northwestern corner of the Site. Currently the Site includes agricultural land,
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mature woodland areas and wetlands. Adjacent land use includes existing
residential development to the south of the Site as well as east of the southern
two-thirds of the Site. West of the Site is the Wilds Golf and Country Club and to
the north, across County Road 42, is agricultural land, portions of which are
currently under development by a church.
II. PROJECT HISTORY
A. This project was subject to the mandatory preparation of an EA Wunder
Minnesota Rules. 4410.4300, subp. 19.
B. An EA W was prepared on the proposed project and distributed to the
Environmental Quality Board (EQB) mailing list and other interested parties on
November 8, 2004.
C. A press release containing the notice of availability of the EA W for public review
was sent to the Prior Lake American on November 6,2004.
D. The EA W was noticed in the November 8, 2004, EQB Monitor. The public
comment period ended on December 8, 2004. Comment letters were received on
or before the deadline from the Metropolitan Council, the Department of the
Army - Corps of Engineers St. Paul District and the Minnesota Department of
Natural Resources. Copies of the letters are hereby incorporated by reference.
Responses to the comments are also incorporated by reference.
III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT
ENVIRONMENTAL EFFECTS
Minnesota R.441 0.1700, subp. 1 states that "an EIS shall be ordered for projects that have
the potential for significant environmental effects." In deciding whether the project has
the potential for significant environmental effects, the City of Prior Lake must consider
the four factors set out in Minnesota R.4410.1700, subp. 7. With respect to each of these
factors, the City finds as follows:
A. TYPE, EXTENT, AND REVERSffilLITY OF ENVIRONMENTAL EFFECTS
The first factor that the City of Prior Lake must consider is "type, extent and
reversibili ty 0 f environmental effects," Minnesota R.441 0.1 700, subp. 7.A. The
City's findings with respect to each of these issues are set forth below.
1. The type of environmental impacts anticipated as part of this project
includes:
a. Increased municipal water use
Increased water use will be accommodated by the expansion of the
existing watermain trunk system.
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b. Increased wastewater discharge
All of the wastewater will be typical sanitary sewage from
residential and commercial uses. The additional wastewater will
be treated at the Metropolitan Council Environmental Services
Blue Lake Treatment Plant. This plant has the capacity to
accommodate the additional discharge.
c. Increased noise due to traffic within the area
Noise will be that typical of residential communities and as
associated with a school and fire station. Thus, noise associated
with the completed project will be similar to surrounding
residential (existing or future) areas. Noise mitigation is provided
by site layout and tree plantings. The primary potential noise
impact would occur with traffic at major intersections during peak
traffic hours on CSAH 21 and 42. Noise impacts would be least on
the western side of the wooded ridge.
Minnesota Statue 116.07 Subd. 2a. states that municipal and
county roads (except in Minneapolis and St. Paul) are exempt from
the noise standards, and therefore the City and County roads
associated with the Project are exempt. Increased traffic resulting
from the Project as well as other adjacent development in the City
will increase noise. The overall proposed Project layout situates
the retail and commercial development nearest to the major
roadway intersection (CSAH 42 and CSAH 21) and additionally
situates institutional development (elementary school and fire
station) along CSAH 21. Residential units are generally situated at
greater distance from the major roads.
The results of the noise analysis indicate that, considering the
worst-case scenario, some proposed residences in close proximity
portions of CSAH 21 are predicted to be above State standards.
Incorporation of berms and other landscaping as mitigative
measures are anticipated to reduce the noise levels to below State
standards.
d. Wetland impacts from filling
The total wetland fill proposed for the project is 1.07 acres
combined from 1 7 individual areas. Compensatory wetland
mitigation of 1.08 acres of new wetland and 1.07 acres of public
value credits is proposed on site. Additional wetland mitigation is
required to account for the required 2: 1 replacement ratio. For the
Project the replacement ratio is met by utilizing a portion of the
Public Value Credit created by the storm water ponds and
associated wetland buffer areas. Wetland filling will be mitigated
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through on-site wetland mitigation and use of existing banked
credits.
e. Increased stormwater runoff rate and volume.
Stormwater management for the completed Project proposes 12
storm water retention ponds (National Urban Runoff Program or
NURP ponds) 12 infiltration basins and eight combination ponds
to control the rate of runoff. These runoff controls require review
and approval of the City and Watershed. Considerations used to
locate and design the capacity of these erosion and sedimentation
control measures includes catchment area, runoff rates and
infiltration rates from different surfaces, under varying storm event
scenanos.
A primary element of the proposed Project is the adequate control
and treatment of surface water runoff, both with regard to on-Site
wetland quality and the Prior Lake outlet channel that runs through
the property within the Watershed easement. The City and the
Watershed have requirements to restrict post-development storm
water rates and these requirements were taken into consideration in
preparation of the Storm Water Management Plan.
The Storm Water Management Plan notes that restricting flows
through the numerous wetlands on the Jeffers Pond site is
important to minimizing erosion of the downstream channel, and
also allows the Watershed to maintain lake levels in Prior Lake by
allowing the targeted discharge rates to be achieved. To this extent
some improvements are proposed to existing culverts along the
drainage and flowage easement.
2. In general, the extents of the environmental impacts are consistent with
those of a residential and commercial development.
B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED
FUTURE PROJECTS
The second factor that the City of Prior Lake must consider is "the cumulative
potential effects of related or anticipated future projects", Minnesota R.441 0.1700.
supb. 7.B. The City's findings with respect to this factor are set forth below.
1. The construction of the Jeffers Pond Development will be in phases over
the next 5 years based on the local demand for these uses. The use of Best
Management Practices and the NPDES General Stormwater Permit will be
implemented and maintained throughout all construction phases of these
projects to ensure the effects of erosion and sedimentation are mitigated.
The property directly to the west is part of The Wilds Residential
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Development and is substantially complete. The property to the south is
also substantially developed with residential units.
2. The EA W has also determined the potential traffic generated as a result of
this development will impact the turning movements on CSAH 21 at the
Fountain Hills intersection and on CSAH 42 at the new McKenna Road
intersection. In order to mitigate this impact, the developer will be
required to contribute in the cost of the construction of turn signals at the
CSAH 21 and Fountain Hills intersection. When Scott County determines
the signal is needed, these funds will be utilized for that construction. The
nature and the amount of the contribution will be determined as part of the
final plat and development contract approval process.
3. In general, the City finds the cumulative impacts of this development can
be mitigated by the above conditions.
C. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS ARE SUBJECT TO
MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY
1. The following permits or approvals will be required for the project:
Unit of Government
Federal
Army Corps of Engineers
State:
MPCA
MPCA/MCES
MN Dept. of Health
Local:
City of Prior Lake
City of Prior Lake
LGU - Prior Lake
Scott County
Prior Lake-Spring
Lake Watershed District
Permit or Approval Required
Wetland Mitigation Permit
NPDES Permit; General Storm Water Permit
Sanitary Sewer Permit
Water Extension System
Grading and platting plan approval
Building Permit/Sign Permits
Wetland Impact for Wetland Conservation Act
Access/R -0- W
Stormwater Management Plan
2. The City finds that the potential environmental effects of this project are
subject to mitigation by ongoing regulatory authorities; therefore, an EIS
need not be prepared.
D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE
ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER
ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR
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THE PROJECT PROPOSER, OR OF EIS's PREVIOUSLY PREPARED ON
SIMILAR PROJECTS.
The fourth factor that the City must consider is "the extent to which
environmental effects can be anticipated and controlled as a result of other
environmental studies undertaken by public agencies or the project proposer, or of
EIS's previously prepared on similar projects," Minnesota R.4 700.1700, subp.
7.D. The City's findings with respect to this factor are set forth below:
The environmental impacts of the proposed project have been addressed in the
following plans:
1. City of Prior Lake Comprehensive Plan
2. City of Prior Lake Comprehensive Local Surface Water Management Plan
3. Traffic Impact Study for the Jeffers Pond Development
4. Jeffers Pond Stormwater Management Plan
The City finds the environmental effects of the project can be anticipated and
controlled as a result of the environmental review, planning, and permitting
processes.
CONCLUSIONS
1. The preparation of the EA Wand comments received on the EA W have generated
information adequate to determine whether the proposed development has the potential for
significant environmental effects.
2. The EA W has identified areas where the potential for significant environmental effects exist.
Appropriate mitigative measures have been incorporated into the project plan with respect to
utilities, wetlands, traffic, noise and stormwater runoff. The Jeffers Pond development is
expected to comply with all City of Prior Lake standards and review agency standards.
3. Based on the criteria established in Minnesota R.4410.1700, the potential impacts of this
project can be addressed through the regular permitting process.
4. An Environmental Impact Statement is not required.
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Jeffers Pond Environmental Assessment Worksheet (EA W)
Response to Comments
January 3, 2005
Comments received by the City of Prior Lake from the 30-day public comment period
(November 8, 2004 through December 8, 2004) for the proposed Jeffers Pond
Development project are summarized below and provided with a corresponding response.
Metropolitan Council (District 4" Review file No. 19354-1)
Review comments provided by the Metropolitan Council indicated that, the EA W was
complete, and that an environmental impact statement (EIS) was not necessary for
regional purposes. Therefore the Council indicated they would take no formal action on
the EA W. Specific comments were provided on two items as follows.
· Item 16 Erosion and Sedimentation: the City and proposer are encouraged to continue
to work with the Spring Lake - Prior Lake Watershed District to protect a 50-foot
setback buffer area around Jeffers Pond to protect existing bluffs and steep slopes
Response: The importance that Jeffers Pond and other wetlands have to water
management both for the watershed and on the Property is acknowledged, and has
been an issue of importance to proposed project planning to date. Review and
approvals are required through the permitting processes of the City, the Prior Lake -
Spring Lake Watershed District, and Corps of Engineers.
. Item 18: Water Quality: Wastewater: The presence of the Metropolitan Council
Environmental Services (MCES) Interceptor (#7120) through portions of the property
is identified, and it is requested that final site plans be forwarded to the MCES
Interceptor Engineering Manager (Scott Dentz 651-602-4503) prior to initiating the
proj ect.
Response: The importance of properly planning for all work associated with or in the
vicinity of the sewer interceptor is acknowledged.
Department Of The Armv - Corps of Eneineers St. Paul District
The review comments provided by the Corps of Engineers St Paul District office pertains
to wetland management in association with the proposed project and the Department of
Army permitting that will be required. Reference is also made to a November 16, 2004
Technical Evaluation Panel (TEP) meeting regarding the project during which wetland
issues were discussed.
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. The written comments emphasize the following items: 1) A Department of Army
permit will be required because of the planned excavation, grading, and/or re-sloping
proposed. 2) The permit application should document the alternatives evaluated and
the efforts to avoid and minimize wetland impacts. 3) The Corps of Engineers
regulations for mitigation requires a 1.5 to 1 ratio of created or restored wetlands and
notes that the ratio can be adjusted based on the quality of the resources. 4) The
Corps of Engineers does not acknowledge mitigation credit for the construction of
storm water ponds. 5) Corps approval of mitigation plans will be necessary before
granting any permit.
Response: It is understood an application to the Corps of Engineers for a
Department of Army permit is required and will need to be complete and that a copy
of the wetland delineation report, in its entirety and with associated field data sheets,
should be attached to the application. The mitigation criteria of the Corps of
Engineers is noted as being 1.5 to 1 and that Public Value Credits, as allowed by the
Minnesota Wetland Conservation Act, may not apply to the Corps requirements. The
Corps of Engineers requirement will result in an additional 0.54 acres of new
wetland. Final wetland mitigation requirements and measures will be established
with the various agencies that have jurisdiction through the permitting process and
the Technical Evaluation Panel. The developers have been notified of these
requirements and are aware that no grading permit will be approved until all of the
wetland issues have been satisfied.
Minnesota Department of Natural Resources
From a natural resources perspective, the Department of Natural Resources (DNR)
review comments note that the EA W is complete and accurate. Comments to five items
within the EA Ware offered by the DNR for consideration.
. Cover Type (Item No. 10): For the proposed removal of 31 acres of wooded/forest
cover, the DNR strongly recommends that the beneficial use of these resources be
considered as part of the project planning process. Advice can be provided by the
DNR's Regional Forest Utilization and Marketing Specialist (651 772-7567).
Response: The comment is noted and shall be reiterated to the proposer.
. Physical Impacts on Water Resources (Item No. 12): The reclassification of Jeffers
Pond from a Natural Environment Lake to a Recreational Lake by the DNR in 2002 is
pointed out as having implications on not only set-back distances, but also on site
density within the shoreland district. A greater density is allowed by the revised
Recreational classification.
Response: The DNR is correct. The impacts of the additional density are offset by the
50' buffer around Jeffers Pond, and the preservation of a natural open space as a
natural park.
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. Water-related Land Use Management Districts (Item No. 14): The DNR points out
that review of the project as a Planned Unit Development (PUD) allows for greater
development density. Also, the DNR states that it does not support the granting of
variances for setbacks from bluffs or the ordinary high water mark, or deviation from
impervious surface and building height requirements. As the reclassification of
Jeffers Pond allows for greater development density (over the previous Natural
Environment Lake classification), the DNR does not support shoreland variances for
the project.
Response: A greater density is allowed by the PUD approach, which may also be
beneficial for addressing site-specific situations associated with the property. The
DNR's comments regarding deviations from established setbacks, impervious surface
area, building height, etc., are noted. The DNR reclassification approval letter
(October 31, 2002) promoted the use of the Natural Environment setback of 150
where possible, incorporation of a 50 or 60 foot publicly owned buffer strip, and
maintaining natural steeper slopes and trees to the extent possible. In this regard it is
noted that the Prior Lake - Spring Lake Watershed District has an easement through
the property for Jeffers Pond and the Prior Lake outlet. The 50' buffer will also be
dedicated to the City for public purposes. The City will retain control over this area.
. Water Surface Use (Item No. 15): The DNR suggests that the City insure the
prohibition of motorized watercraft and private docks on Jeffers Pond (as required by
the reclassification approval) with an amendment to the City's surface water
ordinance.
Response: The DNR letter regarding reclassification of Jeffers Pond indicates that
the reclassification includes surface water controls by the City that will prohibit
motorized watercraft or private docks. The City will enforce and evaluate amending
the surface water ordinance with this specific stipulation. Since the City also has
control over the accesses to Jeffers Pond, the type of watercraft will be within City
control.
. Erosion & Sedimentation (Item No. 16): The DNR recommends that home
construction not be allowed into bluff areas and that steep slopes around Jeffers Pond
be stabilized but not flattened as currently proposed.
Response: The developer has been advised that grading will not be permitted within
the 50' buffer around Jeffers Pond, other than to establish a trail.
1:\04 files\04 subdivisions\04 prelim plat\jeffers pond\eaw\responses\response to comments.doc
3
12/08/04 14:51 FAX 651 602 1674
METRO COUNCIL
14I 002
~ Metropolitan Council
December 8, 2004
Jane Kansier, Planning Director
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372-1714
RE: City of Prior Lake Environmental Assessment Worksheet (EA W)
Jeffers Pond
Metropolitan Council District 4
Metropolitan Council Review File No. 19354-1
Dear Ms. Kansier:
Thank you for submitting the Jeffers Pond Environmental Assessment Worksheet (EA W) to the
Metropolitan Council for review. Jeffers Pond is a proposed mixed-use development on 336 acres
located in the northern part of the City. The project includes office space, retail, and 693 residential units
ranging from single-family to townhomes.
Our staff is responsible for reviewing the EA W to determine whether it adequately and accurately
addresses regional concerns. The Council staff finds that the EA W is complete, and an environmental
impact statement (EIS) is not necessary for regional purposes. The Council will take no formal action on
the EA W. However, we offer the following comments:
Item 16: Erosion and Sedimentation
The EA W states that the site has bluffs and steep slopes in several locations, and that these slopes may be
reduced to minimize erosion potential. The Council staff encourages the City to continue to work with
Spring Lake Watershed District and the developer to protect bluffs where feasible, and to protect the 50-
foot setback area (buffer) around Jeffers Pond.
hem18:WarerQuaU~:Wasuw~en
The Metropolitan Council's Interceptor #7120, located south of County Road 42, and west of County
Road 21, intersects the proposed project. To ensure the integrity of the MCES interceptor, the City
should forward fmal plans to Scott Dentz, MCES Interceptor Engineering Manager (651 602-4503) for
review conunent prior to initiating the project.
If you have any questions or need further information, please contact Victoria Dupre, principal reviewer
at651602-1621.
Sincerely,
cc: Julius C. Smith, Metropolitan Council District 4
Cheryl Olsen, Reviews Coordinator
Tom Caswell, Sector Representative
www.metrocouncll.org VIREVIEWSICommunilieslPrior l:akel[,e(TersIPr;or Lake 2004 E.-I W '9354-/ Jeffers Pond. doc Metro Info Une 602-1888
230 East Fifth Street · St. Paul, Minnesota 55101-1626 · (651) 602-1000 . Fax 602-1550 . TTY 29]-0904
An Equal Qpponunity Employer
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
190 FIFTH STREET EAST
ST. PAUL, MN 55101-1638
REPLY TO
ATTENTION OF
Operations
Regulatory (04-161284-CCB)
December 8, 2004
Ms. Jane Kansier, Planning Director
City of Prior Lake
16200 Eagle Creek Avenue, S.E.
Prior Lake, MN 55372
Re: Jeffers Pond Environmental Assessment Worksheet (EA W)
Dear Ms. Kansier:
We have reviewed the Environmental Assessment Worksheet prepared for the
Jeffers Pond Development to construct a mixed-use commercial and residential
development on 336 acres located in Section 27, T. 115 N., R. 22 W., Scott County,
Minnesota.
Although some of the following comments may have been addressed at a TEP
panel meeting with the Army Corps of Engineers on November 2004, we would like to
emphasize the following points regarding the Department of the Army permitting process
and required compensatory mitigation:
~ A Department of the Army permit will be required for this
proposed development project because of its adverse impacts to wetlands
pursuant to Section 404 of the Clean Water Act. Adverse impacts may
include the discharge of dredge or fill material in waters of the US,
including wetlands, and excavation and resloping/ grading of material from
these waters/wetlands. If this project includes any temporary placement of
excavated material in waters/wetlands, this project may also require
appropriate authorization for that work..
>- Any application submitted should clearly document what efforts
have been taken to avoid, and minimize wetland impacts. The application
should also thoroughly discuss what alternatives were considered and why
those were not chosen.
>- The Army Corps of Engineers regulations pertaining to wetland
mitigation require a no net loss of wetlands, based upon their functions
and values. The St. Paul District requires a 1.5 to 1 ratio of created or
restored wetlands for mitigation as a reference point or baseline. The ratio
could be adjusted dependent upon the quality of the existing resources,
-.,,"'-,_.__..+-~._.,'--, ''-.-"-..-..-I--.'----'"--~--,...---_...__.._-,. - - ., - --..~._-~..-....~.....-.-.,.....---.-"----,--.--.-.~..-.---------.----..----------.-
location of the mitigation site or the anticipated values of the replacement
areas.
~ Excavating in wetlands and grading the slopes for stormwater
ponds will likely need to be mitigated too. The Corps of Engineers does
not acknowledge any mitigation credit for the construction of stormwater
ponds.
~ The Corps will review and approve any proposed mitigation plan
to offset the permanent adverse impacts to wetlands before granting any
permit.
~ Before or at the time when submitting an application for this
project we would like you to include a complete copy, including all field
data sheets of the 1998 wetland delineation report and its 2003 review.
If you have any questions, contact Christina Carballal in our St. Paul office at
(651) 290-5372. In any correspondence or inquiries, please refer to the Regulatory
number shown above.
Sincerely,
Robert J. Whiting
Chief, Regulatory Branch
Minnesota Department of Natural Resources
1200 Warner Road
St. Paul, Minnesota 55106
651.772.7900
December 8, 2004
Jane Kansier, Planning Director
City of Prior Lake
16200 Eagle Creek Ave. S.E.
Prior Lake, MN 55372-1714
RE: Jeffers Pond Development Environmental Assessment Worksheet (EA W)
Dear Ms. Kansier:
The Department of Natural Resources (DNR) has reviewed the EA W for the proposed Jeffers Pond
Development in the City of Prior Lake. Prom a natural resources perspective, the document appears to be
complete and accurate. We offer the following comments for your consideration.
Cover Tvoes (Item No. 10)
The table shows the conversion of 31 acres of wooded/forest cover. This will result in the removal of a
significant amount of wood from the site. Depending on the condition of this wood, the project proposer
may elect to market it as sawlog, landscaping material, firewood, or bio-fuel for the production of energy.
We strongly recommend that the City contact Jean Mouelle, Regional Forest Utilization and Marketing
Specialist (651 772-7567), for advice on this subject.
Physical Impacts on Water Resources (Item No. 12)
This item discusses the reclassification of the shoreland zoning designation for Jeffers Pond from a
Natural Environment Lake to a Recreational Development Lake. The EA W states that this reclassification
has implications on the setbacks for the site. Of equal or greater importance are the site density
implications for within the shoreland district. Greater density is allowable under the Recreational
Development classification than under the Natural Environment classification.
Water-related Land Use Management Districts (Item No. 14)
The document states that the city agreed to review the project as a Planned Unit Development (PUD)
because of the steep site topography. Another reason for PUD review is that the PUD designation allows
for greater development density than do the requirements for standard development.
This item also briefly touches on "proposed deviations" (variances) from City ordinances for several
items, including setbacks and construction extending into bluff areas. The DNR does not support the
granting of variances for setbacks from bluffs or the Ordinary High Water mark. Additionally, we
recommend that the development adhere to the impervious surface and height requirements of the
An Equal Opportunity Employer Who Values Diversity
DNR Information: 651-296-6157
1-888-646-6367 TTY:' 651-296-5484
1-800-657-3929
-...-.-.--..-----.-......-. --..--....-........ ._....--..T.--~................. .... ..........--... '-"'"'"'' .....- .... ....._._~-_._...._.. .....--....-.. .....~....... ..--...... .......
December 8,2004
Page 2
shoreland ordinance. In light of the reclassification of Jeffers Pond, the DNR likely would not support
shoreland variances, particularly for new development. We would expect that multi-level parking ramps
in a shoreland area would meet the shoreland structure height requirements.
Water Surface Use (Item No. 15)
The DNR understands that, as part of the approval of the reclassification, the city would prohibit
motorized watercraft from Jeffers pond and not allow private docks. The most effective way to ensure
this is through an amendment to the city's surface water use ordinance.
Erosion & Sedimentation (Item No. 16)
The DNR recommends that the city not allow home construction to extend into the bluff area and require
that the steep slopes around Jeffers Pond be stabilized as necessary, but not flattened as proposed.
Thank you for the opportunity to review this project and the EA W. We look forward to receiving your
record of decision and responses to comments at the conclusion of environmental review. Minnesota
Rules part 4410.1700, subparts 4 and 5, require you to send us your Record of Decision within five days
of deciding on this action. If you have any questions about these comments, please call Wayne Barstad,
the Regional Environmental Assessment Ecologist, at 651-772-7940.
Sincerely,
U7~{}~~for
Kathleen A. Wallace
Regional Director
C: Steve Colvin, Wayne Barstad, Sarah Hoffmann, Diana Regenscheid, Pat Lynch,
Daryl Ellison, Diane Anderson, Jean Mouelle (DNR)
Jon Larsen (EQB)
Nick Rowse (USFWS)
#20031075
PR04J effersPond.doc
An Equal Opportunity Employer Who Values Diversity
DNR Information: 651-296-6157
1-888-646-6367 TTY: 651-296-5484
1-800-657 -3929