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Home My WebLink About5C - County Road 12 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: MAY 2, 2005 5C STEVE ALBRECHT, CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR CSAH 12 RECONSTRUCTION PROJECT (CITY PROJECT NO. 03-02). 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 CSAH 12 project wetland replacement plan application proposes to impact 1.72 acres of wetland. The WCA requires a minimum replacement of 3.44 acres for this project. The project proposes to mitigate these impacts by creating 2.16 acres of new wetland on-site, 2.16 acres of Public Value Credits on-site and by. utilizing 0.37 acres of BWSR Road Replacement Credits. The total proposed mitigation is 4.69 acres, which exceeds WCA wetland replacement requirements for this project. The WCA Technical Evaluation Panel (TEP) reviewed the impacts and proposed mitigation on several occasions over the last 2 years during project development. The complete project wetland replacement application was received on March 11, 2005. A 30-day comment period was completed on April 15th for the project with no written comments received. G:~genda~,,genda05\CSAH 12 WCA.DOC www. cityofpriorlake, com Phone 952.447.4230 / Fax 952.447.4245 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: 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 Replacement Plan for the CSAH 12 Reconstruction Project. The alternatives are as follows: Wetland . . Adopt the attached resolution that approves the Wetland Replacement plan for the CR 12 Reconstruction Project. Deny this item for a specific reason and provide staff with direction. 3. Table this item for specific reason. Frank Boyl ~anager 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 05-XX RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE CSAH 12 RECONSTRUCTION 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: 2.16 acres of on-site new wetland credits, 2.16 acres of on-site public value credits and 0.37 acres of BWSR road replacement credit. 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 CSAH 12 Reconstruction 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 G:~Resolution~Resol05\CR 12 WCA.doc www. cityofpriorlake, com Phone 952.447.4230 / Fax 952.447.4245 Memorandum From: Re: Honorable Mayor and City Council, City of Prior Lake ~4ndrea Moffatt, WSB & Associates, Inc. ~lpril l& 2005 tJTCA Replacement Plan Decision Scott County CSAH 12 Reconstruction City of Prior Lake, MN HTSB No. 1430-66 Attached, please find the Wetland Conservation Act (WCA) decision documents for the CSAH 12 Reconstruction project. Scott County has applied for WCA approval of this project. Details of this project are outlined below: CSAH 12 will be reconstructed from CSAH 17 to TH13 in Prior Lake to meet current safety standards, improve storm water management in the area, and to accommodate the Spring Lake Regional Park Master Plan. The project will fill 1.72 acres of Type 2 and 7 wetland. Wetland mitigation will be accomplished through a combination of on-site mitigation as well as through the BWSR Road Replacement Program. The project will create 2.16 acres of New Wetland Credit through creation or restoration on-site. The project will also create 3.39 acres of Public Value Credit, of which 2.16 acres can be used for this project. BWSR Road Replacement Credit is proposed for 0.37 acres of the required mitigation for that portion of the road on the existing alignment. The County submitted a permit application for this project on March 11, 2005. The 30- day review period ended April 15, 2005. No comments were provided by the review agencies. The wetland impacts have been avoided and minimized to the greatest extent feasible by analyzing possible alternatives for the road realignment and by providing a portion of the mitigation on-site. 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. C: I WINDO tKS~ Temporary Internet FileslOLK3 941MEMO-O41805-hmcc. doc Name and Address of Local Government Unit: Ci_ty of Prior Lake, 16200 Eagle Creek Avenue SE, Prior Lake, MN 55372 Name of Applicant: Scott Highway Department - Dan Jobe Project Name: CSAH 12 Reconstruction Type of Application (check one): Date of Decision: ~i!ii~:~!i!i!~ Check One: [--] Approved [~ Exemption Decision ['-] No Loss Decision [5~] Replacement Plan Decision [5~] 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 Proj ect/Findings and Conclusions (indicate exemption number per MN Rule 8420.0122, if applicable): The Scott County Highway Department is proposing to reconstruct a portion of CSAH 12 from CSAH 17 to TH13 in Prior Lake. The 2.5 mile road will be reconstructed along its existing alignment except for a ½ mile stretch midway in the project that will be moved to the north away from the Spring Lake shoreline. This work is being done to upgrade CSAH 12 to current safety standards, improve storm water management in the area, and to accommodate the Spring Lake Regional Park Master Plan. The project will fill 1.72 acres of Type 2 and 7 wetland. Wetland mitigation will be V accomplished through a combination of on-site mitigation as well as through the BWSR Road Replacement Program. The project will create 2.16 acres of New Wetland Credit through creation or restoration on-site. The project will also create 3.39 acres of Public Value Credit, of which 2.16 acres can be used for this project. BWSR Road Replacement Credit is proposed for 0.37 acres of the required mitigation for that portion of the road on the existing alignment. This project was reviewed at TEP meetings in September 24, 2003 and July 7, 2004. 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: Page 1 of 3 CAWINDOWSITemporary Internet FileslOLK394[WCA DecisionFindingsConclusions CSAH 12 Acres Permanent Wetland Fill 1.72 1.72 Total Impact New Wetland Credit Created On-Site 2.16 Public Value Credit Created On-Site BWSR Road Replacement Credit Total Mitigation Provided Total Mitigation Required (WCA) 2.16 (3.39 created) 0.37 4.69 3.44 acres The submitted application is approved based on the following conditions: 1. The WCA Deed Forms are filed with the County for the on-site mitigation, 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: Dan Jobe Scott County Highway Department 600 County Trail East Jordan, MN 55352 Lani Leichty Bolton and Menk 1515 E Highway 13 Bumsville, MN 55337 Members of Technical Evaluation Panel: Pete Beckius Scott SWCD 7151 W 190th St - Suite 125 Jordan, MN 55352 Les Lemm BWSR 520 Lafayette Road -Suite 125 St. Paul, MN 55155 Natasha DeVoe BWSR 520 Lafayette Road - Suite 125 St. Paul, MN 55155 Watershed District or Watershed Management Organization (If Applicable): Dawn Tracy Scott WMO Government Center A200 Page 2 of 3 CAWINDOWS~Temporary Internet Files~OLK3941WCA DecisionFindingsConclusions CSAH 12 200 4th Ave W Shakopee, MN 55379 Department of Natural Resources Regional Office (select appropriate office): NW Region: Regional Director 2115 Birchmont Beach Rd. NE Bemidji, MN 56601 NE Region: Reg. Env. Assess. Ecol. Div. Ecol. Services 1201 E. Hwy. 2 Grand Rapids, MN 55744 Central Region: Reg. Env. Assess. Ecol. Div. Ecol. Services 1200 Warner Road St. Paul, MN 55106 Southern Region: Reg. Env. Assess. Ecol. Div. Ecol. Services 261 Hwy. 15 South New Ulm, MN 56073 DNR TEP Representative (if different than above) Mr. Pat Lynch DNR Waters 1200 Warner Road St. Paul, MN 55106 Corp of Engineers Christina Caraballal 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 Milm. 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 Y APPLIES 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 CiW Signature Andrea Moffatt, Environmental Scientist Name and Title Date Page 3 of 3 C. qWINDOWSITemporary Internet FileslOLK394~WCA DecisionFindingsConclusions CSAH 12