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HomeMy WebLinkAbout5H Pike Lake Development Wetland Replacement Plan Report Pike Lake Development Prior Lake, Minnesota Wetland Permit Application Prepared for Ron Clark Construction by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2016-209) December 7, 2016 Pike Lake Development Prior Lake, Minnesota Wetland Permit Application TABLE OF CONTENTS Title Page I. INTRODUCTION/SUMMARY............................................................................................ 1 II. SITE DESCRIPTION........................................................................................................... 1 2.1 Project Location, Surrounding Land Use, Site Description ............................................... 1 2.2 Wetland Delineation........................................................................................................... 2 2.3 MNRAM Analysis ............................................................................................................. 2 3. PROPOSED PROJECT ........................................................................................................ 2 3.1 Project Purpose and Need .................................................................................................. 2 3.2 Proposed Project Description and Schedule ...................................................................... 2 4. SEQUENCING DISCUSSION ............................................................................................. 3 4.1 Project Goals and Requirements ........................................................................................ 3 4.2 Wetland Avoidance Alternatives ....................................................................................... 3 4.3 Proposed Plan ..................................................................................................................... 4 4.4 Onsite Wetland Impact Avoidance and Minimization ....................................................... 4 4.5 Wetland Impact Rectification ............................................................................................ 4 4.6 Wetland Impact Reduction or Elimination Over Time ...................................................... 4 4.7 Compliance Framework ................................................................................. 5 6. APPLIED WETLAND BUFFER ......................................................................................... 6 FIGURES APPENDICES 1. Site Location 2. Surrounding Land Use and Existing Conditions 3. Wetland Impact Area 4. Applied Wetland Buffer ..................................................................................................... 4 5. WETLAND REPLACEMENT PLAN A. Joint Application Form for Activities Affecting Water Resources in Minnesota B. Wetland Delineation Notice of Decision C. Pike Lake Development Grading Plan D. Transaction Form for Withdrawal of Wetland Credits E. MNRAM Analysis Results Pike Lake Development Prior Lake, Minnesota Wetland Permit Application I. INTRODUCTION/SUMMARY Ron Clark Construction is proposing to develop an 18.9-acre parcel in the northeastern portion of the City of Prior Lake (Figure 1) to a 68-unit residential apartment complex with associated site entrance, utilities, and stormwater treatment features. Construction of the proposed residential development will require a total of 3,405 square feet (sf) (0.0781-acre) of fill in one Type 1 (PEMA) seasonally flooded basin/roadway ditch. Permanent wetland impacts are proposed for replacement through the purchase of 0.1563 acres of Standard Wetland Credit (SWC) from the McCabe Wetland Bank located in Watershed 32, Bank Service Area 9, and Blue Earth County. The following narrative describes site conditions, the proposed project, wetland sequencing, and the wetland replacement plan. Figures and appendices referenced are attached. The Joint Application Form for Activities Affecting Water Resources in Minnesota is included as Appendix A. II. SITE DESCRIPTION 2.1 Project Location, Surrounding Land Use, Site Description Arrowhead Environmental Consulting (AEC) visited the property in October of 2013. The site was located in Section 23, Township 115N, Range 22W, City of Prior Lake, Major Watershed 33 (Minnesota River - Shakopee), Scott County, Minnesota (Figure 1). Generally, the site was located immediately west of Pike Lake Trail Northeast and north of 140th Street Northeast (Figure 1). Site limits corresponded to Scott County PID 259230020. The property was bordered to the south by 140th Street Northeast, to the west by large-lot residential homes, to the east by rural residential homes and cropland located to the east of Pike Lake Trail Northeast, and to the north by Pike Lake (Figure 2). The property was comprised of a large-lot (rural) parcel with a single-family home located in the north central portion of the property. A large shallow marsh wetland dominated by reed canary grass and cattail covered the western half of the property. To the southeast of the wetland was a large excavated stormwater pond. Topography was highest in the northern portion of the site and from there sloped moderately downhill to the south (Figure 2). 2.2 Wetland Delineation Arrowhead Environmental Consulting (AEC) delineated two wetlands on the property in October of 2013. The Wetland Delineation Report was submitted to the City of Prior Lake and the U.S. Army Corps of Engineers (USACE) in October of 2013. City approval of the wetland delineation is included in Appendix B. The submitted Wetland Delineation Report included the National Wetlands Inventory (NWI) map, the Minnesota DNR Public Waters Inventory map and Soil Survey mapping. Copies are available upon request. Delineated wetlands are summarized in Table 1 below and illustrated in Figure 2. Table 1. Delineated Wetlands on the Pike Lake Development site. Wetland ID Circular 39 Type Cowardin Class Eggers and Reed Wetland Classification Dominant Vegetation 404 JD Classification Wetland 1 3,405 sf Type 1 PEM1A Seasonally Flooded Basin/Roadway Ditch Reed canary grass Assumed Preliminary JD to be issued by USACE for Wetland 1 Wetland 2 314,061 sf Type 3 PEM1C Shallow Marsh Reed canary grass, cattail Assumed Preliminary JD to be issued by USACE for Wetland 2 2.3 MNRAM Analysis Kjolhaug Environmental Services (KES) preformed a MNRAM 3.4 Analysis for Wetland 2 on the Pike Lake Development site. Wetland 2 consisted primarily of low quality fresh wet meadow (some of which was partially forested with boxelder) and shallow marsh. The analysis assigned Wetland 2 an overall Manage 2 management classification and a low vegetation diversity/integrity rating as shown in Appendix E. Based on the results of the MNRAM vegetation rating, Wetland 2 was assigned a Low functional classification rating, and a Moderate stormwater susceptibility rating as defined by the City of Prior Lake Public Works Design Manual. 3. PROPOSED PROJECT 3.1 Project Purpose and Need The purpose of the Pike Lake Development project is to provide a newly constructed 86-unit apartment complex in the City of Prior Lake to meet the City’s increased housing needs due to population growth in the overall Twin Cities Metro Area. 3.2 Proposed Project Description and Schedule The proposed Pike Lake Development project will redevelop the eastern half (Figure 2) of the development area into an 86-unit apartment complex with adjacent and underground parking areas, a playground, and a bituminous walking trail. A single entrance to the site will be located off of Pike Lake Trail Northeast (Appendix C). Storm sewers will route runoff from impervious surfaces to an existing excavated stormwater pond located in the central portion of the development area. Project construction is expected to start in early 2017, beginning with mass grading of the project area. Infrastructure such as road bed and storm sewer will be installed at the initiation of construction. Project completion is expected to be completed by summer of 2018. 4. SEQUENCING DISCUSSION 4.1 Project Goals and Requirements The goals of the Pike Lake Development construction project are to: 1. fulfill the project purpose and need as described above by constructing a high-density, residential development that helps fulfill City housing needs; 2. provide effective drainage for the overall site, while capturing and treating stormwater runoff in a manner consistent with local, state, and federal standards; 3. replace unavoidable wetland impacts with compensatory wetland mitigation that has wetland functions equal to or exceeding those of the impacted wetland. 4.2 Wetland Avoidance Alternatives The following discussion addresses wetland avoidance in compliance with Minnesota wetland conservation act (WCA) and section 404 if the Clean Water Act (404) requirements. Specifically, the sequencing discussion includes a summary of alternatives considered and design elements used to minimize wetland impacts. In compliance with WCA and 404 requirements, alternatives were evaluated in an attempt to avoid all wetland impacts. The No-Build Alternative was considered first as a way to eliminate all wetland impacts associated with the project. Although the no-build alternative would allow for the avoidance of all wetland impacts, it would not meet the project purpose, needs, goals, or requirements. For these reasons, the no-build alternative was rejected as an approach to avoiding wetland impacts. A second alternative that completely avoids permanent impact to all wetlands was considered. Complete avoidance of Wetland 1 would require relocating the site entrance from Pike Lake Trail Northeast to the south of Wetland 1. The relocation of the alternate site entrance would require the approval by the road authority. This avoidance alternative would require constructing two smaller buildings, each with its own site entrance, parking area, and other required complex resources. This complete wetland avoidance alternative would create two smaller facilities that would not meet the project purpose, needs, goals, or requirements and a relocated site entrance may not meet roadway safety requirements. Furthermore, the wetland proposed for impact is a seasonally flooded basin/roadway ditch that provided limited wetland functions. Wetland replacement via banking is sure to provide an increase in wetland function and value within the same Bank Service Area. For these reasons, this complete wetland avoidance alternative was rejected as an approach to avoiding wetland impacts. 4.3 Proposed Plan The proposed plan is included in Appendix C. As proposed, the project will require a total of 3,405 sf (0.0781-acre) of fill in a Type 1 (PEMA) seasonally flooded basin/road ditch wetland for construction of the site entrance road and the apartment complex parking area (Figure 3). The proposed plan meets the project purpose, need, goals, and requirements as described previously. The proposed project represents an orderly and logical use of the subject property, and is compatible with applicable land use and policy plans. 4.4 Onsite Wetland Impact Avoidance and Minimization Impact to Wetland 1 is a result of the construction of the Pike Lake Development site entrance road and the apartment complex parking area. In order to complete the project and meet the project purpose and goals all 3,405 square feet of Wetland 1 must be impacted. Since the entire wetland is proposed for impact to complete the project, wetland minimization is not applicable. 4.5 Wetland Impact Rectification Temporary wetland impacts are not proposed and therefore wetland impact rectification does not apply. 4.6 Wetland Impact Reduction or Elimination Over Time The existing stormwater treatment feature will be enlarged and used to manage and reduce potential effects of stormwater runoff to offsite water resources, thereby helping to reduce or eliminate wetland impacts over time. 4.7 Compliance Framework Minnesota Rules Part 8420.0117 Subp. 1, states that Scott County is in an area with less than 50 percent of pre-settlement wetlands remaining. Minnesota Rules Part 8420.0522, Subp. 4, states that the minimum replacement ratio for impact to wetlands in less than 50 percent area is 2:1. Wetland impacts and required replacement are summarized in Table 2 on the following page and are illustrated in Figure 3. Table 2. Proposed Impacts and Required Replacement – Pike Lake Development Wetand Impact ID Wetland Type Wetland Plant Community Replacement Ratio Wetland Impact (sf) Required Replacement (sf) Required Replacement (ac) Wetland 1 Type 1 Seas. Fl. Basin/Road Ditch 2 to 1 3,405 6,810 0.1563 Total 3,405 6,810 0.1563 5. WETLAND REPLACEMENT PLAN The Pike Lake Development project is located within Major Watershed 33 (Minnesota River - Shakopee) and Wetland Bank Service Area 9. Under current interim rules, the priority order for replacement is as follows: 1. Onsite or in the same minor watershed as the impacted wetland; 2. In the same watershed as the impacted wetland; or 3. in the same county or wetland bank service area as the impacted wetland; and 4. in another wetland bank service area. There are no banks within the minor watersheds. Five potential banks were located within Scott County. Of the 5 banks within Scott County none were available due to insufficient available credits or were not currently not selling USACE approved credits. With no available wetland banks within the same watershed or county available, a wetland bank within the same Bank Service Area (BSA9) was chosen for purchase of credits. Because the proposed impact is regulated by the USACE, the applicant proposes to purchase 0.1563-acres of Standard Wetland Credits (SWC) from the McCabe Wetland Bank located in Watershed 32, Bank Service Area 9, Blue Earth County and whose credits are USACE certified. Table 3. Proposed Credit Withdrawal – Pike Lake Development Bank Account County, BSA Wetland Subgroup Wetland Type Credit Amount (ac) Compliance 1494 Blue Earth, BSA 9 C (wet meadow) Wet to Wet- Mesic Prairie 0.1563 Replacement for WCA and USACE regulated impacts to Wetland 1 Total 0.1563 The Transaction Form for Withdrawal of Wetland Credits is included in Appendix D. Bank documents will be finalized after feedback is received from the City of Prior Lake and USACE regarding the permit application. Wetland replacement monitoring and management is the responsibility of the Wetland Bank owner. 6. APPLIED WETLAND BUFFER As outlined in Section 2.3 of this document, based on MnRAM results, Wetland 2 was assigned a Low functional classification rating. Because the site is located in the Prior Lake Spring Lake Watershed District, applied wetland buffer widths must adhere those outlined in Table 6.3 of the Public Works Design Manual. The minimum required buffer width for wetlands with a Low functional classification is 20-feet, with an overall average of 30-feet. According to City guidance, a wetland buffer is an area of natural, non-invasive, permanently undisturbed, vegetated ground cover adjoining and surrounding a wetland measured from the delineated edge of the wetland. A buffer may have variable with as long as any minimum buffer width requirements are met, and the overall buffer area must be equal in area to a corresponding fixed width buffer around the same wetland, set at the average width. Figure 4 illustrates applied buffer width for Wetland 2 post-development. Overall buffer area exceeds the corresponding fixed width area as required. Buffer area disturbed by project grading will be re-seeded with native forb and grass upland State Seed Mix 35-241 (mesic prairie general) or similar, and will be managed for two years after seeding. The extent of wetland buffer will be indicated by permanent monuments placed wherever the edge changes direction (considering curvature), with spacing not to exceed 200-feet in length. Pike Lake Development Wetland Permit Application FIGURES 1. Site Location 2. Surrounding Land Use and Existing Conditions 3. Proposed Wetland Impact 4. Applied Wetland Buffer © OpenStreetMap (and) contributors, CC-BY-SA Figure 1 - Site Location Pike Lake Development (KES 2016-209)Prior Lake, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 1,250 Feet Source: ESRI Streets Basemap Site Location Figure 2 - Existing Conditions Pike Lake Development (KES 2016-209)Prior Lake, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 175 Feet Project Boundary Wetland Boundary Stormwater Pond Development Area Source: MnGeo, ESRI Imagery Basemap Wetland 2 Wetland 1 Figure 3 - Proposed Wetland Impact Pike Lake Development (KES 2016-209)Prior Lake, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 100 Feet Property Boundary Wetland Boundary Proposed Wetland Impact Development Area Stormwater Pond Source: MnGeo, ESRI Imagery Basemap Wetland 2 Wetland 1 Impact0.0781 acre Excavated StormwaterPond Potential Future Road Ex tension Figure 4 - Wetland Buffer Management Plan Pike Lake Development (KES 2016-209)Prior Lake, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 125 Feet Proposed Buffer Monument Property Boundary Wetland Boundary Proposed Wetland Impact Disturbed Buffer Area Wetland Buffer Development Area Stormwater Pond Source: MnGeo, ESRI Imagery Basemap Wetland 2 Wetland 1 Impact0.0781 acre Excavated StormwaterPond Potential Future Road Extension Disturbed BufferArea: 0.1639 ac Disturbed BufferArea: 0.0376 ac Disturbed buffer area to be reseeded with BWSR Seed Mix 35-241 (Mesic Prairie General). Pike Lake Development Wetland Permit Application APPENDIX A Joint Application Form for Activities Affecting Water Resources in Minnesota Pike Lake Development Wetland Permit Application APPENDIX B Wetland Delineation NOD Pike Lake Development Wetland Permit Application APPENDIX C Pike Lake Development Grading Plan 15-011 PIKE LAKE MARSHNCAMPION ENGINEERING SERVICES, INC. Civil Engineering Land Planning 11/21/2016 CITY PROJECT # DEV15-000002 WETLAND BUFFER EXHIBIT WETLAND BUFFER REQUIREMENTS Pike Lake Development Wetland Permit Application APPENDIX D Transaction Form for Withdrawal of Wetland Credits BWSR Forms 7-1-10 Page 1 of 2 Minnesota Wetland Conservation Act Notice of Application Local Government Unit (LGU) Prior Lake Address 4646 Dakota Street Prior Lake, MN 55372 1. PROJECT INFORMATION Applicant Name Ron Clark Construction (Mike Roebuck) Project Name Pike Lake Development Date of Application 12/7/2016 Application Number 1964-540 Type of Application (check all that apply): Wetland Boundary or Type No-Loss Exemption Sequencing Replacement Plan Banking Plan Summary and description of proposed project (attach additional sheets as necessary): Ron Clark Consruction has applied for a Replacement Plan for wetland impacts resulting from the construction of a proposed 68-unit residential apartment complex in Prior Lake, near Pike Lake. The applicant is proposing to impact one wetland during the construction of the project as summarized below - Wetland 1 (Type 2): 3,405 square feet (0.0781 acre) permanent fill The applicant is proposing to replace for the above-referenced impacts at a 2:1 ratio (0.1563 acre total replacement) through the purchase of bank credits from Account No. 1494, located in Blue Earth County (Bank Service Area 9). 2. APPLICATION REVIEW AND DECISION Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 3 provides notice that an application was made to the LGU under the Wetland Conservation Act as specified above. A copy of the application is attached. Comments can be submitted to: Name and Title of LGU Contact Person Pete Young Water Resources Engineer Comments must be received by (minimum 15 business-day comment period): 4:30 pm on January 6, 2017 Address (if different than LGU) 4646 Dakota Street Prior Lake, MN 55372 Date, time, and location of decision: A Decision will be made on January 23, 2017 at Prior Lake City Hall. Phone Number and E-mail Address 952.447.9831 pyoung@cityofpriorlake.com Decision-maker for this application: Staff Governing Board or Council Building a legacy – your legacy. 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Meeting Minutes Page 1 of 2 S:\Water Resources\WCA\WCA Sites\Pike Lake Marsh\1964-540 - Pike Lake TEP Meeting Minutes DRAFT - 010917.docx Pike Lake Development TEP Meeting Summary City of Prior Lake Thursday, January 5, 2017 – 9:30 am Attendees: Alison Harwood – WSB & Associates Pete Young – City of Prior Lake Jed Chesnut – Minnesota Board of Water and Soil Resources Kathryn Keller–Miller – Prior Lake-Spring Lake Watershed District Collin Schoenecker – Scott County Soil and Water Conservation District Andrew Krinke – Kjolhaug Environmental Melissa Barrett – Kjolhaug Environmental I. Discussion of Meeting Purpose and Goals The applicant gave a short description of the proposed project and associated wetland impacts. II. Project Alternatives There was a brief discussion about the project alternatives. The TEP asked about other alternatives, such as:  The ability to move the driveway entrance further south. The applicant indicated that the entrance was designed to utilize the future city roadway, and adding an additional driveway to the south would not reduce impacts.  The placement of the future road extension shown on Figure 3 of the application, which indicates future wetland impacts associated with the extension of the roadway. The applicant indicated that the extension is not part of this project, but has been planned by the City of Prior Lake to eventually connect Pike Lake Trail NE with Eagle Creek Avenue. The cul-de- sac designed with this project was designed and placed such that a roadway extension would be able to cross the narrowest section of Wetland 2. III. Buffer Requirements The LGU and Prior Lake-Spring Lake Watershed District indicated that there would be more buffer signs required along the south side of Wetland 2. Figure 4 of the application did not indicate any buffer signs in that area. Building a legacy – your legacy. 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Meeting Minutes Page 2 of 2 S:\Water Resources\WCA\WCA Sites\Pike Lake Marsh\1964-540 - Pike Lake TEP Meeting Minutes DRAFT - 010917.docx IV. Wetland Replacement The TEP discussed the proposed wetland bank selected for the project and determined that it met WCA siting requirements. The applicant should submit a Withdrawal of Wetland Credits form to the LGU for processing. This constitutes our understanding of the January 5, 2017 meeting. If you have any comments or would like revisions made to this meeting summary please contact me at aharwood@wsbeng.com, or 763-231-4847, by Friday, January 13, 2017. After that time we will consider these minutes to be as agreed upon by all parties in attendance. 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 S:\Water Resources\WCA\WCA Sites\Pike Lake Marsh\MEMO - Prior Lake Mayor & CC - NOD - 010917.docx Memorandum To: Honorable Mayor Briggs and Prior Lake City Council Members From: Alison Harwood, WSB & Associates, Inc. CC: Pete Young, City of Prior Lake Date: January 9, 2017 Re: Pike Lake Development – Wetland Replacement Plan WSB Project No. 1964-540 Ron Clark Construction is proposing to develop an 18.9-acre parcel in the northeastern portion of Prior Lake, near Pike Lake. Development is proposed to include a 68-unit residential apartment complex with associated site entrance, utilities, and stormwater treatment features. As a result of the proposed development, approximately 3,405 square feet (0.0781 acre) of Type 1 seasonally flooded basin/roadside ditch will be filled. As replacement, the applicant is proposing to purchase wetland credits at a ratio of 2:1 from wetland bank No. 1494, located in Blue Earth County (Bank Service Area 9). The total amount of replacement provided will be 6,810 square feet (0.1563 acre). The application was noticed to the Wetland Conservation Act Technical Evaluation Panel (TEP) on December 12, 2016. Comments were allowed until January 6, 2017. A TEP meeting was held on January 5, 2017 to discuss the project. A summary from that meeting is attached. The TEP was supportive of the wetland replacement plan. 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 Pike Lake Development 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. BWSR Forms 7-1-10 Page 1 of 4 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) Prior Lake Address 4646 Dakota Street Prior Lake, MN 55372 1. PROJECT INFORMATION Applicant Name Ron Clark Construction (Mike Roebuck) Project Name Pike Lake Development Date of Application 12/7/2016 Application Number 1964-540 Attach site locator map. Type of Decision: Wetland Boundary or Type No-Loss Exemption Sequencing Replacement Plan Banking Plan Technical Evaluation Panel Findings and Recommendation (if any): Approve Approve with conditions Deny Summary (or attach): The TEP met on January 5, 2017 to review the project. A summary of the TEP meeting is attached. The TEP was supportive of the replacement plan. 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 1/23/2017 Approved Approved with conditions (include below) Denied LGU Findings and Conclusions (attach additional sheets as necessary): For Replacement Plans using credits from the State Wetland Bank: Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: Financial Assurance: For project-specific replacement that is not in-advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). Deed Recording: For project-specific replacement, evidence must be provided to the LGU that Ron Clark Consruction applied for a Replacement Plan for wetland impacts resulting from the construction of a proposed 68-unit residential apartment complex in Prior Lake, near Pike Lake. The applicant is proposing to impact one wetland during the construction of the project as summarized below - Wetland 1 (Type 2): 3,405 square feet (0.0781 acre) permanent fill The applicant is proposing to replace for the above-referenced impacts at a 2:1 ratio (0.1563 acre total replacement) through the purchase of bank credits from Account No. 1494, located in Blue Earth County (Bank Service Area 9). BWSR Forms 7-1-10 Page 2 of 4 the BWSR “Declaration of Restrictions and Covenants” and “Consent to Replacement Wetland” forms have been filed with the county recorder’s office in which the replacement wetland is located. Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Pete Young, PE Title Water Resources Engineer Signature Date Phone Number and E-mail 952.447.9831 pyoung@cityofpriorlake.com 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. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal , the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of de cision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: Appeal of an LGU staff decision. Send petition and $ fee (if applicable) to: City of Prior Lake 4646 Dakota Street Prior Lake, MN 55372 Appeal of LGU governing body decision. Send petition and $500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 Bank Account # 1494 Bank Service Area 9 County Blue Earth County Credits Approved for Withdrawal (sq. ft. or nearest .01 acre) 6,810 square feet (0.16 ac) BWSR Forms 7-1-10 Page 3 of 4 4. LIST OF ADDRESSEES SWCD TEP member: Collin Schoenecker BWSR TEP member: Jed Chesnut LGU TEP member (if different than LGU Contact): Alison Harwood, WSB & Associates, Inc. DNR TEP member: Becky Horton, Jennie Skancke DNR Regional Office (if different than DNR TEP member) WD or WMO (if applicable): Kathryn Keller-Miller, PLSLWD Applicant and Landowner (if different) Mike Roebuck, mike@ronclark.com Members of the public who requested notice: Andrew Krinke, Kjolhaug Environmental Corps of Engineers Project Manager: Ryan Malterud BWSR Wetland Bank Coordinator (wetland bank plan decisions only) 5. MAILING INFORMATION  For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA_areas.pdf  For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR_TEP_contacts.pdf  Department of Natural Resources Regional Offices: NW Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 2115 Birchmont Beach Rd. NE Bemidji, MN 56601 NE Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 1201 E. Hwy. 2 Grand Rapids, MN 55744 Central Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 1200 Warner Road St. Paul, MN 55106 Southern Region: Reg. Env. Assess. Ecol. Div. Ecol. Resources 261 Hwy. 15 South New Ulm, MN 56073 For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dnr_regions.pdf  For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP-R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678  For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: Withdrawal of Wetland Credits form TEP Meeting Summary