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Home My WebLink About5J County Road 81 Wetland Replacement Plan Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 26, 2016 AGENDA #: 5J PREPARED BY: PRESENTED BY: PETE YOUNG, WATER RESOURCES ENGINEER PETE YOUNG AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE COUNTY ROAD 81 PROJECT DISCUSSION: Introduction The purpose of this agenda item is to consider approval of a wetland replace- ment plan application for the County Road 81 project. 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 mak- ing 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 wet- lands 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. In accordance with the WCA rules, the City Council must approve all plans for restoration of impacted wetlands. The applicant (SMSC) submitted a WCA application for a replacement plan (At- tachment 1) related to the County Road 81 project. The proposed project in- cludes the construction of County Road 81 between Stemmer Ridge Road and CSAH 82 at the Mystic Lake intersection, and associated multi-use trails. The project will result in a total of 0.358 acre of wetland impact to four wetlands. The proposed impacts are from the construction of the roadway, watermain, sanitary and storm sewer, and trails. The application was noticed to the WCA Technical Evaluation Panel (TEP) on August 9, 2016. The TEP is advisory in nature and makes technical findings and recommendations. For this project, the TEP consisted of representatives from the City, the Board of Water and Soil Resources (BWSR), the Scott Soil and Water Conservation District (SWCD), and the Minnesota Department of Natural Resources (DNR). One TEP comment was received, related to the selection of a mitigation bank in Stevens County. The TEP asked that the applicant consider banks that were nearer to the impact site/Scott County. The applicant provided 2 supplemental information regarding the availability of US Army Corps of Engi- neers-approved banks in the watershed, Scott County, and nearby the 7-county metro area. Ultimately, the TEP agreed with the use of the Stevens County mit- igation bank. No other TEP comments were received. Current Circumstances The SMSC is proposing to construct the County Road 81 project. Construction of the project will result in 0.358 acre of permanent wetland impact. According to the WCA, permanent wetland impact for this project must be addressed by re- placing wetlands at a 2:1 ratio. Therefore, a total of 0.716 acre of wetland re- placement is required for the project. Additional wetland details are included in Attachment 1, the WCA Notice of Application is included as Attachment 2, and a memo from the City’s wetland consultant is included as Attachment 3. The SMSC will replace wetlands through the purchase of wetland bank credits from an approved wetland bank within the same Bank Service Area (Area 9), which meets the replacement plan siting requirements of the WCA. Conclusion The project meets the requirements for a replacement plan application and pro- poses to replace for 0.716 acre of wetland impacts in accordance with the WCA. The replacement plan should be approved. As a condition of approval, the ap- plicant is required to submit a fully executed Withdrawal of Wetland Credits form to the City and BWSR. If approved, City staff will execute the WCA Notice of Decision form (Attachment 4). ISSUES: If approved, this replacement plan approval constitutes the final step in the WCA process before wetland impacts associated with the County Road 81 project may occur. The applicant must also apply for and receive a permit from the US Army Corps of Engineers. The Corps permitting process is separate from the City’s WCA process. FINANCIAL IMPACT: Approving this replacement plan will have no financial impact on the City. ALTERNATIVES: 1. Motion and a second as part of the consent agenda to approve a resolution approving the wetland replacement plan for the County Road 81 project as proposed, or as may be amended by the City Council. 2. Motion and a second to remove this item from the consent agenda for addi- tional discussion. RECOMMENDED MOTION: Alternative No. 1. ATTACHMENTS: 1. SMSC Application Materials 2. WCA Notice of Application 3. WCA Consultant Memo 4. WCA Notice of Decision (draft) 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXX A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE COUNTY ROAD 81 PROJECT Motion By: Second By: WHEREAS, The City Council is the Local Governing Unit responsible for permitting under the Wetland Conservation Act (WCA); and WHEREAS, The wetland replacement plan avoids unnecessary wetland filling on the project to the greatest extent possible; and WHEREAS, Sequencing criteria has been met; and WHEREAS, The proposed impact is 0.358 acre; and WHEREAS, A replacement plan to purchase 0.716 acre of wetland bank credits is proposed to meet the WCA required replacement ratio of 2:1, and WHEREAS, The replacement plan is in accordance with WCA and City of Prior Lake ordinances; and WHEREAS, The applicant must provide the City with a fully executed Withdrawal of Wetland Credits form prior to any wetland impacts. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The wetland replacement plan for the County Road 81 project is approved. PASSED AND ADOPTED THIS 26TH DAY OF SEPTEMBER 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager engineering planning environmental construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Equal Opportunity Employer wsbeng.com C:\Users\pyoung\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\31M6S8J4\MEMO - Prior Lake Mayor CC - NOD - 091516.docx Memorandum To: Honorable Mayor Hedberg and Prior Lake City Council Members From: Alison Harwood, WSB & Associates, Inc. CC: Pete Young, City of Prior Lake Date: September 15, 2016 Re: County Road 81 – Wetland Replacement Plan WSB Project No. 1964-430 The proposed project includes the construction of County Road 81 (CR 81) between Stemmer Ridge Road and CSAH 82 at the Mystic Lake intersection, and associated multi-use trails. The project will result in a total of 0.358 acre of wetland impact to four wetlands. The proposed impacts are from the construction of the roadway, watermain, sanitary and storm sewer, and trails. Replacement is proposed at a 2:1 ratio through the purchase of 0.716 acre of wetland credit from an approved wetland bank located in Stevens County. The application was noticed to the Wetland Conservation Act Technical Evaluation Panel (TEP) on August 9, 2016. Comments were allowed until September 12, 2016. One comment was received, which was related to the selection of a mitigation bank in Stevens County. The TEP asked that the applicant consider banks that were nearer to the impact site/Scott County. The applicant provided supplemental information regarding the availability of US Army Corps of Engineers-approved banks in the watershed, Scott County, and nearby the 7-county metro area. Ultimately, the TEP agreed with the use of the Stevens County mitigation bank. On behalf of the City of Prior Lake, Local Government Unit for the Wetland Conservation Act, I recommend that the City Council approves the wetland replacement plan for the CR 81 project. As a condition of approval, the applicant will be required to submit a fully-executed Withdrawal of Wetland Credits form to the LGU and BWSR. A Notice of Decision is attached for review.