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Home My WebLink About5I - Courtwood Village 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT DATE: AGENDA #: PREPARED BY: AGENDA ITEM: JULY 18, 2005 51 STEVE ALBRECHT, CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR COURTWOOD VILLAGE (CITY PROJECT NO. 05-109). 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 Courtwood Village project wetland replacement plan application proposes to impact 0.03 acres of wetland. The WCA requires wetland mitigation of 0.06 acres for this project. Mitigation of these impacts is proposed to be completed on-site by creation of 0.12 acres of new wetland. 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 June 14, 2005. The comment period was completed on July 5th 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\2005-1 09_ Courtwood Village\CC Agendas & Resolutions\Agenda Courtwood 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 Courtwood Village Project. ALTERNATIVES: The alternatives are as follows: 1. Adopt the attached resolution that approves the Wetland Replacement plan for Courtwood Village. 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item for specific reason. RECOMMENDED MOTION: REVIEWED BY: --~_._-,._..----;_._-_......-..."........--_..........._...._..__.....". .... ..... .......,...-.-......---... ...... ...-........-..--....-.-..----r--..- 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 05-XX RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR COURTWOOD VILLAGE 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 creation of 0.12 acres new wetland on-site 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 Courtwood Village is hereby approved. Passed and adopted this 18th day of July, 2005. YES NO Haugen Haugen Fleming Fleming LeMair LeMair Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager n.\n.."..lnpmPnto\,)()()~_l()Q rnnrtmnM "illog..\r~.~i~OP:~l?,~~~rr~,~~nnti ";Hog.. wrA RP<:: tiN' 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: July 12,2005 Re: WCA Replacement Plan Decision Courtwood Village Apartments City of Prior Lake, MN WSB No. 1430-33 Attached, please find the Wetland Conservation Act (WCA) decision documents for the Courtwood Village project within the Deerfield Industrial Park. John Mesenbrink has applied for WCA approval ofthis project. Details ofthis project are outlined below: The project proposes to construct two apartment buildings and parking facilities within a 4.5 acre parcel in the Deerfield Industrial Park. The project will fill approximately 1,218 sf of Type 1 wetland. Wetland mitigation will be accomplished on-site through the expansion ofthe existing wetland. The expansion of the existing wetland will result in 5,018 sf of New Wetland Credit (NWC). The City received an incomplete permit application for this project on May 18, 2005. A complete application was received on June 14,2005. The comment period for this project will end on July 12, 2005. No comments have been received to date. A Technical Evaluation Panel (TEP) met on May 18,2005. The TEP required additional information be provided prior to approval of the application. This additional information was received by the City on June 14,2005. The City requires an average 30' buffer (with a 20' minimum). This standard does not appear to be met on the south side of the wetland. It is recommended that the application be approved with the condition that the appropriate buffer be implemented. Based on the above information and the Findings and Conclusions, we recommend that the City approve this WCA Replacement Plan application with the conditions listed. If you have any questions, please feel free to contact me at (763)287-7196. C: I W/NDOWSITemporary Internet FileslOLK3 94IMEMO-070705-hmcc.doc . .........-----~._.._,...-~.---.....-'---l"....--........"" -.....'.....--.----r---..---.--------r-...-.-..-.-... 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: John Mesenbrink. Mesenbrink Construction Project Name: Courtwood Village Apartments (Deerfield Industrial Park) Type of Application (check one): D Exemption Decision D No Loss Decision [gI Replacement Plan Decision D Banking Plan Decision D Wetland Type/Boundary Decision Check One: D Approved [gI Approved with conditions (see note on page 2 regarding use of wetland banking credits) D Denied Summary ofProjectlFindings and Conclusions (indicate exemption number per MN Rule 8420.0122, if applicable): The applicant is proposing to construct two apartment buildings within a 4.5 acre lot within the Deerfield Industrial Park. The project will fill 0.03 acres (1,218 sf) of Type 1 wetland to accommodate the driveway. Wetland mitigation will be on-site through the creation of 0.12 acres (5,018 sf) of New Wetland Credit. This NWC will be through the expansion of the existing wetland on site. A Technical Evaluation Panel (TEP) meeting was held May 18, 2005. The TEP requested additional information prior to recommending approval. This information has been supplied by the applicant. 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 C:IWlNDOWSITemporary Internet FilesIOLK394\WCA Not of Decision and Findings and Conclusions July 2005.doc .... ,..~..~.-_e'.~-~_--"'--~'^""-T_4_~~_"""~~~~'__~_H""_._-'..".___,.~,,~....._.............._~.,,~ ...."~,."~,,. ..._.,..."."~."---"---~~-,..__.~~-,....._~~--"- Square Feet Permanent Wetland Fill 1,218 Total Impact 1,218 New Wetland Credit Created On-Site 5,018 Public Value Credit Created On-Site 0 Total Miti2ation Provided 5,018 Total Miti2ation Required (WeA) 2,436 The submitted application is approved based on the following conditions: 1. The City's required 30' average buffer with a 20' minimum is implemented on the south side of the wetland. 2. 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: Mr. Les Lemm Mr. Pete Beckius Board of Water and Soil Resources Scott County SWCD 520 Lafayette Road 7151 W. 190th Street, Suite 125 St. Paul, MN 55155 Jordan, MN 55352 Mr. Wayne 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 Dawn Tracy US Corps of Engineers Scott WMO Attn: CO-R 190 Fifth Street E Government Center AlOO St. Paul, MN 55101 200 4th Ave W Shakopee, MN 55379 Mr. Pat Lynch John Mesenbrink DNR Waters 7765 175th Street East 1200 Warner Road Prior Lake, MN 55372 St. Paul, MN 55106 Ron Peterson Mr. Steve Albrecht Peterson Environmental City of Prior Lake 1355 Mendota Heights Road - Suite 100 16200 Eagle Creek Avenue SE Mendota Heights, MN 55120 Prior Lake, MN 55372 Page 2 of 3 C.-I WINDO WSI Temporary Internet FileslOLK3941WCA Not of Decision and Findings and Conclusions July 2005.doc ., .......... ..-..o ..--.----1'-.. .-- -----.... . -- -'-.o--- ............... ...-...-.. . T 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. 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.-I WINDO WS\ Temporary Internet Files\OLK394\WCA Not of Decision and Findings and Conclusions July 2005.doc .~--'--"-'~--"'-''-'~'--''''~~-''--'''^'---~'''''''''''-I-'---''~~-......__.,',.__...-"~.. .. . ......._~. -_..... -.-. .-_...._.~-_..._-----r-._- .---.-.