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Home My WebLink About5I - Maple Glen 2nd Addition 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT DATE: AGENDA #: PREPARED BY: AGENDA ITEM: JUNE 20, 2005 51 STEVE ALBRECHT, CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR MAPLE GLEN 2ND ADDITION (CITY PROJECT NO. 0-101). DISCUSSION: H istorv 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 Maple Glen 2nd Addition project wetland replacement plan application proposes to impact 0.07 acres of wetland. The WCA requires wetland mitigation of 0.14 acres for this project. Mitigation of these impacts is proposed by creation of 0.42 acres of new wetland and 0.36 acres of Public Value Credits on-site. The total proposed wetland mitigation is 0.78 acres, which exceeds WCA requirements for this project. The WCA Technical Evaluation Panel (TEP) reviewed the proposed impacts and mitigation on May 18, 2005. The complete wetland replacement plan application was received on April 29,2005. The comment period was completed on May 24th for the project with no written comments received. Attached is a copy of the TEP "Findings and Conclusions" for this project, which is the basis for the staff recommendation. G:\Developments\2005-101_Maple Glen 2nd\CC Agendas & Resolutions\Agenda Maple Glen WCA.DOC www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 Conclusion Staff recommends that the Council approve the Wetland Replacement Plan for the Maple Glen 2nd Addition Project. ALTERNATIVES: The alternatives are as follows: 1. Adopt the attached resolution that approves the Wetland Replacement plan for Maple Glen 2nd Addition. 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item for specific reason. RECOMMENDED MOTION: REVIEWED BY: ".....'..'..."""'--.-.-....-.....----'..--1......'-----------...------... --r------ 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION OS-XX RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE MAPLE GLEN 2ND ADDITION 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: 0.42 acres of on-site new wetland credits and 0.36 acres of on-site public value credits. 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 Maple Glen 2nd Addition is hereby approved. Passed and adopted this 20th day of June, 2005. YES NO HauQen HauQen Flemina Flemina LeMair LeMair Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager G:\Developments\2005-101 Maple Glen 2nd\CC A~S~<e>JJ10i2h~"lG9!%LEN 2ND WCA RES.doc Phone 952.447.4230 / Fax 952.447.4245 Memorandum To: Honorable Mayor and City Council, City of Prior Lake From: Andrea Moffatt, WSB & Associates, Inc. Date: May 24, 2005 Re: WCA Replacement Plan Decision Maple Glen 2nd Addition City of Prior Lake, MN WSB No. 1100-38 Attached, please find the Wetland Conservation Act (WCA) decision documents for the Maple Glen 2nd Addition project. Tollefson Development has applied for WCA approval of this project. Details of this project are outlined below: The project proposes to construct streets, public utilities, and 40-single family homes on approximately 34 acres currently utilized for agricultural purposes. The project will fill approximately 3,208 acres of Type 2 wetland dominated by reed canary grass. Wetland mitigation will be accomplished through a combination of New Wetland Credit (NWC) and Public Value Credit (PVC). The project proposes to create approximately 18,170 square feet ofNWC through creation or restoration on-site. The project will also create approximately 15,824 square feet ofPVC on-site. The surplus NWC and PVC will be will be utilized for current Tollefson Development projects in the county and watershed. These projects will be permitted under separate applications. The Local Government Unit received the permit application for this project on April 29, 2005. The comment period for this project ended May 24,2005. A Technical Evaluation Panel (TEP) met on May 18,2005. The TEP recommended approval of the application. The wetland impacts have been avoided and minimized to the greatest extent feasible. The chosen alternative reduced wetland impacts by approximately 10,206 square feet by eliminating a portion of a road and creating a cul-de-sac. 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: \ WINDOWS\ Temporary Internet FilesIOLK394\MEMO-052305-hmcc.doc .~-". ."~.....,' ._....... .." .'i'" ......".......-..."...-.. Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision/Findings and Conclusions Name and Address of Local Government Unit: City of Prior Lake. 16200 Eagle Creek Avenue SE. Prior Lake. MN 55372 Name of Applicant: Tollefson Development. mc - Todd Bodem Project Name: Maple Glen 2nd Addition Type of Application (check one): D Exemption Decision D No Loss Decision ~ Replacement Plan Decision D Banking Plan Decision D Wetland Type/Boundary Decision Date of Decision: Check One: D Approved ~ Approved with conditions (see note on page 2 regarding use of wetland banking credits) D Denied Summary of Project /Findings and Conclusions (indicate exemption number per MN Rule 8420.0122, if applicable) : The Maple Glen 2nd Addition residential development proposes to construct streets, public utilities, and 40-single family homes on approximately 34 acres currently utilized for agricultural purposes. The project proposes to fill approximately 3,208 SF of Type 2 wetland dominated by reed canary grass for road construction within the development. Mitigation for the wetland impact will be completed at two separate locations identified as WM-l and WM-2. The WM-l mitigation site will include 5,476 SF ofNWC and 2,384 SF ofPVC. Native grasses and forbs will be planted in the disturbed areas that surround the mitigation site. The WM-l mitigation site includes blocking an existing ditch to create an overflow elevation of 986.6 and excavating upland soil to create a bottom elevation of984 in the Type 2/3 wetland. The WM-2 mitigation site includes 12,694 SF ofNWC and 13,440 SF ofPVC. The WM-2 mitigation site will be created by excavating upland soils adjacent to an existing wetland to create a bottom elevation of 981. A Technical Evaluation Panel (TEP) meeting was held May 18, 2005. The TEP recommended approval of this project. Page 1 of 3 C:IWINDOWSITemporary Internet FilesIOLK394\WCA DecisionFindingsConclusions 052305.doc " ... "~1 .. ..~h""'-,_,_".__,_",_,._._.,.. -~-_..-._._---_.~~--_._--_."..._"._----_..-.._._...__._-~..- 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. The chosen alternative reduced wetland impacts by approximately 10,206 square feet by eliminating a portion of a road and creating a cul-de-sac. For those impacts that could not be avoided, the proposed wetland replacement plan includes the following impact and mitigation plans: Permanent Wetland Fill Total 1m act S uare Feet 3,208 3,208 New Wetland Credit Created On-Site Public Value Credit Created On-Site Total Miti ation Provided 18,170 15,824 33,994 6,416 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. 2. A wetland banking application be completed and submitted if Tollefson Development decides to bank surplus wetland credits. This approval does not constitute approval of the banking credits. 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: Mr. Les Lemm Mr. Pete Beckius Board of Water and Soil Resources Scott County SWCD One West Water Street - Suite 200 7151 W. 190th Street, Suite 125 St. Paul, MN 55107 Jordan, MN 55352 Mr. WaYlle Barstad DNR Wetland Coordinator DNR - Ecological Services Division Ecological Services Section 1200 Warner Road 500 Lafayette Road, Box 25 St. Paul, MN 55106 St. Paul, MN 55155 Ms. Christina Carballal Ms. Shannon Lotthammer US Corps of Engineers Prior Lake-Spring Lake Watershed District Attn: CO-R 190 Fifth Street E 15815 Franklin Trail SE St. Paul, MN 55101 Prior Lake, MN 553727 Mr. Pat Lynch Mr. Todd Bodem Page 2 of 3 C: I WINDO WSI Temporary Internet FilesIOLK394\WCA DecisionFindingsConclusions 052305.doc -... .....---...... --'---i- .,..- ......,,-.,-_.. --" " .. _.. ...,-~.~----.-_....- ---...-.'.....-..... ",---".---... .. . DNR Waters Tollefson Development, Inc. 1200 Warner Road 17271 Kenyon Avenue, Suite 103 St. Paul, MN 55106 Lakeville, MN 55044 Mr. Thomas Braman Mr. Steve Albrecht Acorn Environmental Consultants, Inc. City of Prior Lake 8040 Stevens A venue South 16200 Eagle Creek Avenue SE Bloomington, MN 55420 Prior Lake, MN 55372 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 ONLY 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 Signature Date Andrea Moffatt. Environmental Scientist Name and Title Page 3 of 3 C:\WINDOWSITemporary Internet Files\OLK394\WCA DecisionFindingsConclusions 052305.doc .......".... .".... ...- '....-.... ...,.......-.,. ...-........i.' .""'.'''''''''''''''_d ,._...........~...._.~........ ___d...._....,,__ ."...."."...--."...........".