HomeMy WebLinkAbout5B - Jeffers Pond16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
MAY 2, 2005
5B
STEVE ALBRECHT, CITY ENGINEER
CONSIDER APPROVAL OF A RESOLUTION APPROVING
WETLAND REPLACEMENT PLAN FOR JEFFERS POND
PROJECT NO. 03-31).
THE
(CITY
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
The Jeffers Pond project wetland replacement plan application
proposes to impact 1.37 acres of wetland. The WCA requires
wetland mitigation of 2.74 acres for this project. Mitigation of these
impacts is proposed by creation of 2.25 acres of new wetland and
1.37 acres of Public Value Credits on-site. The total proposed
wetland mitigation is 3.62 acres, which exceeds WCA requirements
for this project. The WCA Technical Evaluation Panel (TEP)
reviewed the proposed impacts and mitigation on November 16,
2004 and January 19, 2005.
The complete wetland replacement plan application was received
on March 21, 2005. A 30-day comment period was completed on
April 25th for the project with no written comments received. The
U.S. Army Corp of Engineers did request via email that the City look
at reducing the impacts due to trail crossings. City Staff supports
this request and will require an impact reduction of 3,178 s.f. The
G:~genda~genda05~Jeffers Pond WCA.DOC
www. cit~ofpriorlake, corn
Phone 952.447.4230 / Fax 952.447.4245
reduction can be achieved through the use of boardwalks and a
small bridge. This results in a total approved impact of 1.31 acres.
The 1.31 acres of proposed wetland impacts include 0.56 acres of
impact for the elementary school site.
Attached is a copy of the TEP "Findings and Conclusions" for this
project, which is the basis for the staff recommendation.
Conclusion
Staff recommends that the Council approve the Wetland
Replacement Plan for the Jeffers Pond Project.
ALTERNATIVES:
The alternatives are as follows:
1. Adopt the attached resolution that approves the Wetland
Replacement plan for the Jeffers Pond Project.
2. Deny this item for a specific reason and provide staff with
direction.
3. Table this item for specific reason.
RECOMMENDED
MOTION:
REVIEWED BY:
Frank Boyle~~/M~nager
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 05-XX
RESOLUTION APPROVING THE
WETLAND REPLACEMENT PLAN
FOR THE JEFFERS POND PROJECT
MOTION: SECONDED:
WHEREAS, the applicant 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, mitigation is proposed through the following combination: 2.25 acres of
on-site new wetland credits and 1.37 acres of on-site public value credits.
WHEREAS, the proposed mitigation plan shall be amended to reduce impacts by
3,178 s.f. for trail crossings.
WHEREAS, the mitigation plan is in accordance with the Wetland Conservation Act
and City of Prior Lake ordinances.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
that
1. The recitals set forth above are incorporated herein.
2. The Wetland Replacement Plan for Jeffers Pond Project is hereby approved.
Passed and adopted this 2nd day of May, 2005.
YES NO
Haugen Haugen
Fleming Fleming
LeMair LeMair
Peterson Peterson
Zieska Zieska
{Seal}
Frank Boyles, City Manager
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Phone 952.447.4230 / Fax 952.447.4245
Memorandum
Honorable Mayor and City Council, City of Prior Lake
From: Andrea Moffatt, WSB & Associates, Inc.
Date: April 19, 2005
Re:
WCA Replacement Plan Decision
Jeffers Pond
City of Prior Lake, MN
WSB No. 1430-56
Attached, please find the Wetland Conservation Act (WCA) decision documents for the Jeffers
Pond site. Paul Oberg has applied for WCA approval of this project. Details of this project are
outlined below:
The Jeffers Pond project includes the development of 336 acres located south of CSAH
42 and west of CSAH 21. The development includes mixed use residential development,
fire station, and elementary school. Public trails will also be constructed throughout the
site.
The project will impact up to 1.37 acres of wetland. Of this amount, 0.56 acres are
associated with storm water pond construction for the school site. Additionally, wetland
impact associated with the trail construction may be reduced 0.06 acres in the field during
construction with the use of bridges, where feasible. However, since this may not be
feasible, the permit is for 1.37 acres of impact.
Wetland mitigation will be accomplished through 2.25 acres of on-site wetland creation
(New Wetland Credit) and 1.37 acres of wetland buffers (Public Value Credit). This
mitigation is in conformance with the Wetland Conservation Act.
The applicant submitted a complete permit application for this project on March 21,
2005. The 30-day review period ends April 25, 2005. To date, the US Corps of
Engineers has inquired about reducing the wetland impacts associated with the trail
construction.
Based on the above information and the Findings and Conclusions, we recommend that the City
approve this WCA Replacement Plan application. If you have any questions, please feel free to
contact me at (763)287-7196.
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Name and Address of Local Government Unit: City of Prior Lake, 16200 Eagle Creek Avenue
SE, Prior Lake, MN 55372
Name of Applicant: Paul Oberg
Project Name: Jeffers Pond
Type of Application (check one):
Date of Decision: ~:!~i ~
Check One: I-~ Approved
l"-] Exemption Decision
[--] No Loss Decision
~ Replacement Plan Decision
~l Banking Plan Decision
[~ Wetland Type/Boundary Decision
[5(] Approved with conditions (see note on page 2 regarding use of wetland banking
credits) [~] Denied
Summary of Project/Findings and Conclusions (indicate exemption number per MN Rule 8420.0122, if
applicable):
The Jeffers Pond project includes the development of 336 acres located south of CSAH
42 and west of CSAH 21. The development will include single-family homes,
townhomes, senior apartments, elementary school, fire station, parks, and trails. As part
of this project, it is anticipated that 1.37 acres of wetland will be impacted. Of this total,
0.56 acres of impact is associated with excavation for a storm water pond on the
elementary school site. Wetland mitigation will be accomplished on-site through the
creation of 2.25 acres of New Wetland Credit and 1.37 acres of Public Value Credit
(wetland buffers).
This project was reviewed at TEP meetings on November 16, 2004 and January 19, 2005.
It was discussed at these meetings that the wetland impact associated with the trail
construction could be minimized by using bridges; however, this would need to be
determined in the field. It is anticipated that the trail impacts could be reduced from
3,178 sf to 416 sfwith the use of bridges and that these bridges will be implemented into
the design if feasible to do so. Therefore, while the overall impacts for this permit are
1.37 acres, this impact will be reduced to 1.31 acres with the use of bridges where
feasible.
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:
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Acres
Permanent Wetland Fill 0.81
0.56
Wetland Excavation (Ponding)
Total Impact
1.37
New Wetland Credit Created On-Site 2.25
Public Value Credit Created On-Site 1.37
Total Mitigation Provided
Total Mitigation Required OVCA)
3.62
2.74 acres
The submitted application is approved based on the following conditions: 1. Wetland impacts associated with the trail construction are further minimized in the
field with the use of bridges or other means, as feasible.
2. 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 Act.
List of Addressees:
Landowner
Mr. Paul Oberg
1000 Superior Blvd- Suite 210
Wayzata, MN 55391
Mr. Terry Jeffery
Schoell and Madson
10580 Wayzata Blvd
Minnetonka, MN 55305
Ms. Kelly Murray
Wensmann Homes
1895 Plaza Drive, Suite 200
Eagan, MN 55122
Members of Technical Evaluation Panel
Pete Beckius
Scott SWCD
7151 W 190th St - Suite 125
Jordan, MN 55352
Les Lemm
Board of Water and Soil Resources
520 Lafayette Road North
Saint Paul, MN 55155
Watershed District or Watershed Management Organization
Shannon Lotthammer
PLSLWD
15815 Franklin Trail
Suite 100
Prior Lake, MN 55372
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Department of Natural Resources Regional Office (select appropriate office):
Central Region:
Reg. Env. Assess. Ecol.
Div. Ecol. Services
1200 Warner Road
St. Paul, MN 55106
DNR TEP Representative (if different than above)
Mr. Pat Lynch
DNR Waters
1200 Warner Road
St. Paul, MN 55106
US Corp of Engineers
Christina Carballal
Department of the Army, Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638
You are hereby notified that the decision of the Local Government Unit on the above-
referenced application was made on the date stated above. Pursuant to Minn. R. 8420.0250 any
appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota
Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of
this Notice.
NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland
banking credits is conditional upon withdrawal of the appropriate credits from the state wetland
bank. No wetland impacts may commence until the applicant receives a copy of the fully signed
and executed "Application for Withdrawal of Wetland Credits," signed by the BWSR wetland
bank administrator certifying that the wetland bank credits have been debited.
THIS DECISION ONL YAPPLIES TO the Minnesota Wetland Conservation Act. Additional approvals or
permits from local, state, and federal agencies may be required. Check with all appropriate authorities
before commencing work in or near wetlands.
LOCAL GOVERNMENT UNIT
To be signed once approved by the City
Signature
Andrea Moffatt, Environmental Scientist
Name and Title
Date
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