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8C Pike Lake Development Wetland Replacement Plan Report
4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: APRIL 10, 2017 AGENDA #: 8C 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 PIKE LAKE DEVELOPMENT PROJECT DISCUSSION: Introduction The purpose of this agenda item is to consider approval of a wetland replace- ment plan application for the Pike Lake Development project, otherwise known as Ron Clark Construction’s Pike Lake Marsh 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 before any wetland impact may occur. LGU decisions under the WCA must be made in compliance with Minn. Stat. § 15.99; generally, this means that an application for a WCA decision must be approved or denied within 60 days or it will be deemed to be granted. The applicant (Ron Clark Construction) submitted a WCA application for a re- placement plan (Attachment 1) related to the Pike Lake Development project on December 7, 2016. The proposed project includes the construction of a 68-unit residential apartment complex. The project will result in a total of 0.0781 acre of wetland impact to one wetland. The proposed impact will result from the con- struction of the project. The application was noticed to the WCA Technical Evaluation Panel (TEP) on December 12, 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 Nat- ural Resources (DNR). The TEP met to discuss the project on January 5, 2017. 2 Project alternatives, wetland buffer requirements, and wetland replacement were discussed during the TEP meeting. Minor comments that will not impact the pro- posed project were made during the meeting. No other TEP comments were received. A copy of the TEP meeting minutes is included as Attachment 3. The City Council removed item # 5I, which was for consideration of the same wetland approval being requested in this agenda item, from the City Council meeting agenda on January 23, 2017. Subsequently, City staff extended the ap- proval timeline for the WCA decision to April 8, 2017 (Attachment 4) as allowed under WCA rules. The extension ensured that the wetland decision would not be made automatically based on the original 60-day timeline and gave the City Council a chance to review the full scope of the proposed project before making the wetland decision. The City Council removed item #5H, which was for consideration of the same wetland approval being requested in this agenda item, from the City Council meeting agenda on March 27, 2017. Subsequently, City staff, per the applicant’s request, extended the approval timeline for the WCA decision to May 11, 2017 (attachment 8) as allowed under WCA rules. The extension ensures that the wetland decision will not be made automatically based on the extended timeline and gives the City Council a chance to further review the full scope of the pro- posed project before making the wetland decision. Current Circumstances Ron Clark Construction is proposing to construct the Pike Lake Development project, otherwise known as Pike Lake Marsh. Construction of the project will result in 0.0781 acre of permanent wetland impact. According to the WCA, per- manent wetland impact for this project must be addressed by replacing wetlands at a 2:1 ratio. Therefore, a total of 0.1563 acre of wetland replacement is required for the project. Additional wetland details are included in Attachment 1, the WCA Notice of Application is included as Attachment 2, TEP meeting minutes are in- cluded as Attachment 3, and a memo from the City’s wetland consultant is in- cluded as Attachment 5. Ron Clark Construction 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 0.1563 acre of wetland in accordance with the WCA. The ap- plicant has met all conditions of the WCA and therefore the replacement plan should be approved. As a condition of approval, the applicant is required to sub- mit a fully executed Withdrawal of Wetland Credits form to the City and to BWSR. If approved, City staff will execute the WCA Notice of Decision form (Attachment 6). A fact sheet with more information about wetland banking is included as At- tachment 7. ISSUES: If approved, this replacement plan approval constitutes the final step in the WCA process before wetland impacts associated with the Pike Lake Development pro- ject may occur. The US Army Corps of Engineers also requires a permit for the proposed wet- land fill and credit purchase. The Corps permitting process is separate from the City’s WCA process. The applicant recently received authorization from the US 3 Army Corps of Engineers to fill wetland as proposed for this project and purchase 0.1563 acre of wetland credits under Department of the Army General Permit- 003-MN (RGP-003-MN) for file number MVP-2014-00101-RMM (Attachment 9). FINANCIAL IMPACT: Approving this wetland replacement plan will have no financial impact on the City. ALTERNATIVES: 1. Approve a Resolution Approving the Wetland Replacement Plan for the Pike Lake Development Project. 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item until some date in the future. RECOMMENDED MOTION: A motion and a second for approval of Alternative #1. ATTACHMENTS: 1. Ron Clark Construction Application Materials 2. WCA Notice of Application 3. WCA TEP Meeting Minutes 4. WCA NOD deadline extension #1 5. WCA Consultant Memo 6. WCA Notice of Decision (draft) 7. Wetland Banking Fact Sheet 8. WCA NOD deadline extension #2 9. US Army Corps of Engineers approval letter 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-____ A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE PIKE LAKE DEVELOPMENT 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 0.0781 acre; and WHEREAS, A replacement plan to purchase 0.1563 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 Pike Lake Development project is approved. PASSED AND ADOPTED THIS 10TH DAY OF APRIL, 2017. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager Pike LakeDevelopment Prior Lake, Minnesota Wetland Permit Application Preparedfor Ron Clark Construction by Kjolhaug Environmental Services Company, Inc. KES Project No. 2016-209) December 7, 2016 Pike LakeDevelopment Prior Lake, Minnesota Wetland Permit Application TABLE OF CONTENTS Title Page I. INTRODUCTION/SUMMARY............................................................................................I II. SITE DESCRIPTION...........................................................................................................I 2.1 Project Location, Surrounding Land Use, Site Description............................................... l 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.....................................................................................................4 5. WETLAND REPLACEMENT PLAN.................................................................................5 6. APPLIED WETLAND BUFFER.........................................................................................6 FIGURES 1. Site Location 2. Surrounding Land Use and Existing Conditions 3. Wetland Impact Area 4. Applied Wetland Buffer APPENDICES 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 Proiect 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 Locke Development site. Circular Cowardin Eggers and Reed Dominant Wetland ID 39 Type Class Wetland Vegetation 404 JD Classification Classification Wetland 1 Seasonally Flooded Reed canary Assumed Preliminary 3,405 sf Type 1 PEM1A Basin/Roadway Ditch grass JD to be issued by USACE for Wetland 1 Wetland 2 Reed canary Assumed Preliminary 314,061 sf Type 3 PEM1C Shallow Marsh grass, cattail 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 Proiect 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 i 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 Proiect 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 NoBuild 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 i 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 Im acts and Required Replacement—Pike Lake Develo went Wetand Wetland Wetland Plant Replacement Wetland Required Required Impact ID Type Community Ratio Impact Replacement Replacement std SO ac) Wetland 1 Type l Seas.Fl. 2 to 1 35405 6,810 0.1563ypBasin/Road Ditch 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.Pro osed Credit Withdrawal—Pike Lake Development Bank County,Wetland Wetland Credit Account BSA Subgroup Type Amount(ac) Compliance Blue Earth,C(wet Wet to Wet- Replacement for WCA 1494 0.1563 and USACE regulated BSA 9 meadow) Mesic Prairie 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. I 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 r Q i, r,,,ta Lane f ` Y I h14eet MnrttYgSSS a eF a e t w Q m ' Site Location Bil1115 RoaJ'.ti rthvu4'St iJ3 srl xkr t r a" t4001 Street tVorthe hee CT1-14Z -_._.. .140th Streit fvorth€t Northeast 140(1i Str V DerT syretarast fs r ell 01, CT14 21 f i I a Clkt 21 Z IWS.Vzakway Ib lv l Z+ Viol u m chesta ettac 61111 i a E CP l OpenStreetMap(and)contributors,CC-BY-SA Figure 1 - Site Location N 0 1,250 Pike Lake Development (KES 2016-209) Prior Lake,Minnesota Feet Note:Boundaries indicated on this figure are approximate KjOLHALJLY ENVIRONMENTAL SERV1US COMPANY and do not constitute an Source:ESRI Streets Basemap official survey product. Project Boundary Wetland Boundary Stormwater Ponda Development Area S` gy i L kP1? a rte. — , Wetla dr2 , <` 4 j t r, CW rff d Wetland 40' t t 3 1 4,Ay. M-4-94. Trats L+ i.. r}, - air v R -•?' e..•-..st'' '+{;' afi. 11411 T t + I T t L i1 11 E'I t•;1 s y S W} Figure 2 - Existing Conditions N 0 175 Pike Labe Development(KES 2016-209) I' I I Prior Lake,MinnesotaAFeet Note:Boundaries indicated KjOLHAT on this figure are approximate ToV U RNVIRONMF.NTAL SF.RVIUS COMPANY and do not constitute an rti/ Source:MnGeo,SSRI Imagery Basemap official survey product. Property Boundary I Wetland Boundary Proposed Wetland Impact 14 Development Area j,r,, i , I Stormwater Pondi J; f I I I i J 1 1. , l- _.i I F• /ff t Wetland.1' Irmpactr V acrePotentialFuture-Road::Extension 0.0781 ' J., H MMec wau B=83i(36 as its Z Wetland 2 rr rwwlMawnu A G MARRO AREA'S I tr i1 225.:_t Ff=847.2 EX STORWWATER POND f I I u 100 YR EL=828.5 NWL — 826.0 I i i1 I0. II Excavated Stormwater I Pond I r.. j r- t 1 7 /I ' i l i a 11 '•. r' _ z _ f I I r t`t-I .I_- 7 t '. Figure 3 - Proposed Wetland Impact N 0 100 Pike Lake Development (KES 2016-209) I I Prior Lake,Minnesota Feet Note:Boundaries indicated on this figure are approximate Kjomwc F.NVIRONN4ENTAI.SFRVICF.S COMPAI\-Y and do not constitute an official survey product. ti•' Source:MnGeo,ESRI Imagery Basemap r O IMF Proposed Buffer Monument Disturbed Buffer Area Property Boundary Wetland Buffer Wetland Boundary Development Area Proposed Wetland Impact F Stormwater Pond MIR lilt 1I I 4 Wetlarid 1`Impact Potential Fut6a 0.0781,acre :. Disturbed Buffer Area:0.0376 ac MDF TRM A I 1=01 a Hrnmir Ksu T-838.(k vrt Wetland 2 4 V 18-1711 1XALY4I it l 1 4''v., i i 1 h 1•.:- FF-847.7 'I y r EX S-ORMWATER POM! WEIi, 100 YR EL=828.5LAl1DNIGh1WATER ELEk;=824.3 I I; RWL=828.8 Disturbed Buffer Area:0.1639 ac I Excavated Stormwater H I •. Pond41it VI 4t c:n,I+y+ve'f=+miFl ra n;- •1 uumy lMlly G+ol Ni.pyl ppk w hn PIKE LAKE MARSHCAMPI©N ieoe v u...c-t Cnncs, "`n'= t b"n vwa by M a Disturbed buffer area to be reseeded with BWSR Seed Mix 35-241 Mesic Prairie General . RUN CLARK CONSTRUCTIO PRIOR LAKE,MN Figure 4 - Wetland Buffer Management Plan N 0 125 Pike Lake Development(KES 2016-209) I I Prior Lake,Minnesota Feet Note:Boundaries indicated on this figure are approximate KjoLHAuGFNVJR0NMFNTA1.8FIZV1CFS COMPANY and do not constitute an official survey product. Source:MnGeo,ESRI Imagery Basemap Pike Lake Development Wetland Permit Application APPENDIX A Joint Application Form for Activities Affecting Water Resources in Minnesota i Project Name and/or Number: Pike Lake Development PAR Oh\-E-, Apfph"c int Worrfianion If applicant is an entity(company,government entity,partnership, etc.),an authorized contact person must be identified. If the applicant is using an agent(consultant,lawyer,or other third party)and has authorized them to act on their behalf,the agent's contact information must also be provided. Applicant/Landowner N,anae: Mike Roebuck---Ron Clark Construction Mailing Address: 7500 West 78"'Street lVinneapolis,K4N 55439 I none; 952-947-3022 E-snail Address: niil<e@ronclark.com Authorized Contact(do a=ios:cow—viplete if same as above): Mailing Address: Phone: E-mail AdF1rcr-!5s: Agent Name: Andrew Krinke Mailing Address: 2,5105 Wild Rose Lane Shorewood,MN 55331 Phone: (952)-40i.-3757 mapl Addmss: Andrew@kjulhaugenv.com PART TWO,, Site Location Wormation County: Scott City/Township: Prior Lake Parcel ID ane/or address: 259230020 i j (Legal Description(Section,Township,Range). S23 T 115N R22W i_at/Long(decimal degrees): Attach a rmapi showing the location of the site in relation to local streets,reads,highways. AplarmArnate size of site(acres)or if a linear project,length(feat): 18.13 acres If you know that your proposal will require an individual Permit from the U.S.Army Corps of Engineers,you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to i your application or by using block 25 of the Application for[department of the Army permit which can be obtained at: 1t,t,:LwAA,w.my_p,asace.arn y.mil/Portals/sl/c ocs,:reg_ul toryL egulatoryDocs/engforrn 4345 2012oct.odi_ If this application is related to a delineation approval,exemption determination,jurisdictional determination,or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number, Describe the project that is being proposed,the project purpose and need,and schedule for implementation and r_ompletion.The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources(wetland,lake, tributary,etc.)and must also include plans and cross section or profile drawings showing the location,character,and dimensions of all proposed activities and aquatic resource impacts. SLED attached.vretlanci permb.application for ishe Pike Lake Development project;. i I Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 11 Project Name and/or Number: Pike Lake Development If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each impact in the table below. Include all anticipated impacts, including those expected to be temporary. Attach an overhead view map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts. Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table. Aquatic Type of Impact Duration of Existing Plant: County,Major Aquatic Resource Resource hype i or+munity( fill,excavate, Impact Overall Size of Watershed f#, ID(as noted on drain,or Permanent(P) Size cif imparce Aquatic and Bank wetland,lake, 3 1ype(s,)in overhead view)remove or,Temporary Resource 4 Service Area it tributary etc.) Impact Area vegetation) T)- of Impact Area Wetland 1 wetland fill P 0.0782 0.0782 Seas. FI,Basin Scott,33,9 lIf impacts are temporary;enter the duration of the impacts in days next to the"T". For example,a project with a temporary access fill that would be removed after 220 days would be entered"T(220)". 2Impacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the nearest 0.41 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream followed by the area impact in parentheses). For example,a project that impacts 50 feet of a stream that is 6 feet wide would be reported as 50 ft(300 square feet). 3This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420,0420 subp.8,otherwise enter"N/A". 4Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3`d Ed.as modified in MN Rules 8420.0405 subp.2. SRefer to Major Watershed and Hank Service Area maps in MN Rules 8420.0522 Subp.7. If any of the above identified impacts have already occurred,identify which impacts they are and the circumstances associated with each: Q Check here if you are requesting a pre-application consultation with the Corps and LGU based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below,I attest that the information in this application is complete and accurate. I further attest that I possess the authority to undertake the work described herein. Signature: Date: I hereby authorize to act on my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this application. 1 The term"impact"as used in this joint application form is a,generic term used for disclosure purposes to identify activities that may require approval from one or more regulatory agencies. For purposes of this form it is not rnean:to indicate whether or not those activities may require mitigation/replacement. Minnesota Interagency Water Resource Application Form February 201.4 Page 4 of 11 Project Name and/or Number: Attachment B Supporting Information for Applications Involving Exemptions, No Loss Determinations, and Activities Not Requiring Mitigation Complete this part if you maintain that the identified aquatic resource impacts in Part Four do not require wetland replacement/compensatory mitigation OR if you are seeking verification that the proposed water resource impacts are either exempt from replacement or are not under CWA/WCA jurisdiction. Identify the specific exemption or no-loss provision for which you believe your project or site qualifies: Provide a detailed explanation of how your project or site qualifies for the above. Be specific and provide and refer to attachments and exhibits that support your contention.Applicants should refer to rules(e.g.WCA rules),guidance documents(e.g.BWSR guidance,Corps guidance letters/public notices),and permit conditions(e.g.Corps General Permit conditions)to determine the necessary information to support the application.Applicants are strongly encouraged to contact the WCA LGU and Corps Project Manager prior to submitting an application if they are unsure of what type of information to provide: Minnesota Interagency Water Resource Application Form February 2014 Page 6 of 11 Project Name and/or Number: Pike Lake Development Attachment C Avoidance and Minimization Project Purpose,Need,and Requirements.Clearly state the purpose of your project and need for your project. Also include a description of any specific requirements of the project as they relate to project location,project footprint,water management, and any other applicable requirements.Attach an overhead plan sheet showing all relevant features of the project(buildings, roads,etc.),aquatic resource features(impact areas noted)and construction details(grading plans,storm water management plans,etc.),referencing these as necessary: See attached wetland permit application for the Pike Lake Development project. Avoidance.Both the CWA and the WCA require that impacts to aquatic resources be avoided if practicable alternatives exist. Clearly describe all on-site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives that avoid all impacts to aquatic resources on the site.These alternatives may include alternative site plans,alternate sites,and/or not doing the project.Alternatives should be feasible and prudent(see MN Rules 8420.0520 Subp.2 Q.Applicants are encouraged to attach drawings and plans to support their analysis: See attached wetland permit application for the Pike Lake Development project. Minimization.Both the CWA and the WCA require that all unavoidable impacts to aquatic resources be minimized to the greatest extent practicable. Discuss all features of the proposed project that have been modified to minimize the impacts to water resources(see MN Rules 8420.0520 Subp.4): See attached wetland permit application for the Pike Lake Development project. Off-Site Alternatives. An off-site alternatives analysis is not required for all permit applications. If you know that your proposal will require an individual permit(standard permit or letter of permission)from the U.S.Army Corps of Engineers,you may be required to provide an off-site alternatives analysis. The alternatives analysis is not required for a complete application but must be provided during the review process in order for the Corps to complete the evaluation of your application and reach a final decision. Applicants with questions about when an off-site alternatives analysis is required should contact their Corps Project Manager. N/A Minnesota Interagency Water Resource Application Form February 2014 Page 7 of 11 Project Name and/or Number: Pike Lake Development Attachment D Replacement/Compensatory Mitigation Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road wetland replacement program.Applicants should consult Corps mitigation guidelines and WCA rules for requirements. Replacement/Compensatory Mitigation via Wetland Banking.Complete this section if you are proposing to use credits from an existing wetland bank(with an account number in the State wetland banking system)for all or part of your replacement/compensatory mitigation requirements. Bank Wetland Bank Major Credit Type County Service Number of Credits Account# Watershed# Area# ( if applicable) 1494 Blue Earth 32 9 Wet Meadow 0.1563 Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at least a tentative agreement to utilize the identified credits for the project.This documentation could be a signed purchase agreement,signed application for withdrawal of credits or some other correspondence indicating an agreement between the applicant and the bank owner. However,applicants are advised not to enter into a binding agreement to purchase credits until the mitigation plan is approved by the Corps and LGU. Project-Specific Replacement/Permittee Responsible Mitigation.Complete this section if you are proposing to pursue actions restoration,creation, preservation,etc.)to generate wetland replacement/compensatory mitigation credits for this proposed project. Corps Mitigation Bank WCA Action Eligible Credit% Credits Major 1 Compensation Acres3 County Service for Credit 2 Requested Anticipated Watershed# Technique Area# Refer to the name and subpart number in MN Rule 8420.0526. ZRefer to the technique listed in St.Paul District Policy for Wetland Compensatory Mitigation in Minnesota. 3If WCA and Corps crediting differs,then enter both numbers and distinguish which is Corps and which is WCA. Explain how each proposed action or technique will be completed(e.g.wetland hydrology will be restored by breaking the tile......) and how the proposal meets the crediting criteria associated with it.Applicants should refer to the Corps mitigation policy language,WCA rule language,and all associated Corps and WCA guidance related to the action or technique: Attach a site location map,soils map,recent aerial photograph,and any other maps to show the location and other relevant features of each wetland replacement/mitigation site.Discuss in detail existing vegetation,existing landscape features, land use on and surrounding the site),existing soils,drainage systems(if present),and water sources and movement. Include a topographic map showing key features related to hydrology and water flow(inlets,outlets,ditches,pumps,etc.): Minnesota Interagency Water Resource Application Form February 2014 Page 8 of 11 Project Name and/or Number: Attach a map of the existing aquatic resources,associated delineation report,and any documentation of regulatory review or approval.Discuss as necessary: For actions involving construction activities,attach construction plans and specifications with all relevant details. Discuss and provide documentation of a hydrologic and hydraulic analysis of the site to define existing conditions,predict project outcomes, identify specific project performance standards and avoid adverse offsite impacts.Plans and specifications should be prepared by a licensed engineer following standard engineering practices. Discuss anticipated construction sequence and timing: For projects involving vegetation restoration,provide a vegetation establishment plan that includes information on site preparation,seed mixes and plant materials,seeding/planting plan(attach seeding/planting zone map),planting//seeding methods,vegetation maintenance,and an anticipated schedule of activities: For projects involving construction or vegetation restoration,identify and discuss goals and specific outcomes that can be determined for credit allocation.Provide a proposed credit allocation table tied to outcomes: Provide a five-year monitoring plan to address project outcomes and credit allocation: Discuss and provide evidence of ownership or rights to conduct wetland replacement/mitigation on each site: Quantify all proposed wetland credits and compare to wetland impacts to identify a proposed wetland replacement ratio.Discuss how this replacement ratio is consistent with Corps and WCA requirements: By signature below,the applicant attests to the following(only required if application involves project-specific/permittee responsible replacement): All proposed replacement wetlands were not: Previously restored or created under a prior approved replacement plan or permit Drained or filled under an exemption during the previous 10 years Restored with financial assistance from public conservation programs Restored using private funds,other than landowner funds,unless the funds are paid back with interest to the individual or organization that funded the restoration and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement, The wetland will be replaced before or concurrent with the actual draining or filling of a wetland. e An irrevocable bank letter of credit,performance bond,or other acceptable security will be provided to guarantee successful completion of the wetland replacement. o Within 30 days of either receiving approval of this application or beginning work on the project, I will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s)will be located and submit proof of such recording to the LGU and the Corps. I Applicant or Representative: Title: / wr Signature: Date: /II5-iP/Y Minnesota Interagency ater Resource Application Form February 2014 Page 9 of 11 Pike Lake Development Wetland Permit Application APPENDIX B Wetland Delineation NOD Minnesota Wetland Conservation Act Notice of Decision Local Government Unit(LGU) Address Prior Lake4646 Dakota Street Prior Lake,MN 55372 1.PROJECT INFORMATION Applicant Name Project Name Date of Application Synergy Land Company(Brent Overlook at Pike Lake Application Number Hislop) 01/03/2014 1100880 Attach site locator map. Type of Decision: Wetland Boundary or Type No-Loss Exemption F-1 Sequencing Replacement Plan Banking Plan Technical Evaluation Panel Findings and Recommendation if any): R Approve Approve with conditions Deny Summary(or attach);Members of the TEP field-reviewed the site on October 28,2013 and concurred with the wetland boundaries. 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: Approved Approved with conditions(include below) ElDenied LGU Findings and Conclusions(attach additional sheets as necessary): The Overlook at Pike Lake project area is located in Section 23,Tl 15N,R22W in the City of Prior Lake,Scott County. The project area is approximately 21.5 acres in size. On October lst,2013,An•otivhead Environmental Consulting(AEC)delineated the wetlands using a level two routine determination method. Two wetlands were delineated as part of the project. These wetlands are summarized below: Wetland 1:Type 1 (Seasonally Flooded Basin/PEMA) Wetland 2:Type 3(Shallow Marsh/]?EMC) In general,the boundaries of the wetlands were placed along the vegetation transition zone and where the soil was saturated to the surface. On behalf of the LGU,'SWSB&Associates field reviewed the boundary along with members of the TEP on October 28,2013 and concurred with the boundaries as delineated. Condition(s)for Approval:Provide the city with a GTS shapefile or CAD file of the delineated wetland boundaries. This decision is valid for a p9riod of 5 years, B WSRForms 7-1-10 Page 1 of For Replacement Plans using credits from the State Wetland Bank: Bank Account 4 Bank Service Area County Credits Approved for Withdrawal(sq.ft.or nearest.01 acre) 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 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 Title Pete Young,PE Water Resources Engineer Signature Date Phone Number and E-mail j 952-447-9831 pyolillg@cityofl)riorlal,.e.comct#yofprlorlake,com THIS DEC ION 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 decision 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 Appeal of LGU governing body decision. Send petition and$fee(if applicable)to: petition and$500 filing fee to: City of Prior Lake Executive Director 4646 Dakota Street Minnesota Board of Water and Soil Resources BWSR Forms'7-1-10 Page 2 of Prior Lake,MN 55372 520 Lafayette Road North St.Paul,MN 55155 4.LIST OF ADDRESSEES SWCD TEP member:Ryan Holzer BWSR TEP member:Lynda Peterson LGU TEP member(if different than LGU Contact):Alison Harwood,WSB&Associates,Inc. DNR TEP member:Brooke Haworth DNR Regional Office(if different than DNR TEP member) WD or WMO(if applicable):Megan Litsey,Prior Lake-Spring Lake Watershed District Applicant and Landowner(if different): Synergy Land Company(Brent Hislop) Members of the public who requested notice: Ben Carlson,Arrowhead Environmental Consulting Corps of Engineers Project Manager:Ryan Malterud i BWSR Wetland Bank Coordinator(wetland bank plan decisions only) 5.MAILING INFORMATION For a list of BWSR TEP representatives:wNi NN,.bwsr.state.inii.tis/aboutbwsi/workareas/WCA areas.pdf For a list of DNR TEP representatives:-%v%`,v.bwsr.state,mti.ushvetlaiids/wca1DNR TEP contacts.pdf De artment of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol, Reg.Env,Assess.Ecol, Reg.Env.Assess,Ecol, Div.Ecol.Resources Div.Ecol.Resources Div,Ecol.Resources Div,Ecol.Resources 2115 Birchmont Beach Rd. 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids,MN 55744 St.Paul,MN 55106 New Min,MN 56073 Bemidji,MN 56601 For a map of DNR Administrative Regions,see:littp:/lfiles.dnr.state.mii.us/aboutdii/diir re igons.pdf For a list of Corps of Project Managers:www.mvp,usace.ariny.mil/re uglatoLy/default.asp?paaeid=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: Approved Delineation Figure El BWSR Forms 7-1-10 Page 3 of 3 JU 00 F rJ i° G t s 1._ y 5—`K, j x,140th V 4 _ _ y _ Fac 20 P15 VW 06 Xq Alt Ikk tit r F f jam op m ICA- Map of Project Location y Overlaid on U$G$Top Map r owe a d 1:3 Approximate Pared Boundary Figure' 1 1.roti I4iCII(c:t Feet Overlook at Pile LakecoI•.t s, til I t I lI 0 375 750 1,504 Prior Lake,NIN d.. f Fw n f Nov CIO 441 ilk i F 111' sy t 1 jl Y L'l 1 J'.'•l• A 1 i r F t p 9 1 Excavated Storni-Water and i Mo t,1 1t1'c,.dltta P i , 1 _}Jmdaf y Appt'a xin'iat a rtl ti i E autt l:1`a+ t tt l F iIit, Wetland Delineation Map Over id an 2012 Aerial Image 1' arrowhead Fig urs 1. `111 0 al rl,c 1A ! Feet Overlook at Pike Lake CI O YI S VI I t 1 ll 0 100 200 400 Prior Lake. N1N i I Pike Lake Development Wetland Permit Application APPENDIX C Pike Lake Development Grading Plan bo o 0 0 i o " V LJ) NW09 w I X LL 8 w Q vLL W LL S SSLLLL Q Z DJm F- J W Cf) 00 41 rt M z LZ CO U N I Cco LLfY LU 0 2,0 t;j) z o 0.c,6 pg A \ j 00LU s. / hozIso m YEf Et It i / N 1 ljjjr V ` •g H 3 r 1 m V. 20.0m=Y 1, A, i (D U WzW1iOWUIaz— Uwcn I + 7 z \ OC 09 Xb Pike Lake Development Wetland Permit Application APPENDIX D Transaction Form for Withdrawal of Wetland Credits i Transaction Form for Withdrawal of Wetland Credits Mim a from the Minnesota Wetland Bank If the layout of this form looks incorrect, click on View, Edit Document, then save to your computer. 1. Credit User This space is for BWSR use only. To be completed by the person or entity proposing to use the wetland credits. Debit Date: Name: Mike Roebuck Organization (if applicable): Ron Clark Construction Street Address: 7500 West 78th Street City, State,Zip: Minneapolis, MN 55439 Phone: 952-947-3022 *E-Mail Address: mike@ronclark.com 2. Wetland Impact Information To be completed for the project with wetland impacts that this withdrawal is intended to replace. Project Name: Pike Lake Development Wetland Impact Size(acres): 0.07820 County of Impact: Scott Replacement Ratio: 2:1 Impact Major Watershed #: 33 Total Replacement Required (acres): 0.1563 Impact Bank Service Area: 9 Sec. 23 Twp. 115 Rge.22 Projects with multiple impact locations should use the most central location in relation to the project as a whole. Are Federally Authorized Credits needed for this project(Y or N)? Y If yes,you must provide Corps Permit Number: MVP- LGU File#(if applicable): Comments: By signature below,the proposed user of credits attests that he/she owns or has purchased the credits identified in this application and has received approval from the applicable regulatory authority(ies). Credit User Signature: Date: 3. Regulatory Approval/Authorization By signature below,the identified agency and authorized representative hereby certify that they have: a) verified that the subject wetland credits are deposited in the account of the owner/seller, b)approved a wetland replacement plan or similar agreement under their jurisdiction, and c)approve the proposed use of the wetland bank credits described herein. WCA LGU/Agency: City of Prior Lake E-mail address: pyoung@cityofpriorlake.com LGU Representative: Pete Young Signature: Date: mn___-.®__-___6-____-R_.--.n__- -_.--.-.______o--.m.____-._-.-------®-.® RP for NRCS, USACE, etc. if applicable) Agency Name/Location:E-mail address: Representative: Signature: Date: Confirmation will be e-mailed to user,seller, and regulatory representative when the transaction is complete. If you would like others notified, enter e-mail addresses here. Rev 3/17/2016 Transaction Form for Withdrawal of Wetland Credits Page 1 of 2 C:\Users\Owner\Dropbox\Dropbox\projects\2016\Ron Clark-Prior Lake-Perm it\transaction_form_for_withdrawal_of_credits(1).docx Transaction Form for Withdrawal of Wetland Credits MimesMa rni1l ff from the Minnesota Wetland Bank 4. Withdrawal Information To be completed by seller of credits (account holder). Bank Service Area: 9 Account Number: 1494 County: Blue Earth Credit Federally Number of Credits to be Cost of Purchased Subgroup Authorized Plant Community Type Cost per Credit Withdrawn (acre) Credits Letter Credits (Y or N) acre) acre=ft2/43560)cost per credit x number of credits C Y Wet Prairie 35,188.74 0.15630 5500.00 0.00 0.00 0.00 TOTAL 0.1563 5500.00 If TOTAL does not calculate,right click, Update Field Table Enter County Fee from www.bwsr.state.mn.us/wetlands/wetlandbanking/fee and sales data/Wetland Bank Fee Schedule.pdf Table(county of seller's o nk) 6.5/o of sale priceba------n--------------------------- 2,209 Above TOTAL x County Transaction Fee(choose either amount) Fee 357.50 345.27 Attach check payable to Minnesota Board of Water and Soil Resources. By signature below I seller and holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank certify that: 1) The credits described in this application have been sold to the credit user or will be used for my own project; 2) 1 have received payment in full from the buyer(if applicable); 3) The credits described in this application have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the wetland impact information block on the previous page; 4) The credits described in this application should be withdrawn from my account; and 5) 1 will not have a negative balance of credits after the subject credits are debited from my account Seller Name (print): Seller Signature:Date: Seller e-mail*: 1. The account holder of the credits is responsible for submittal of this form, containing signatures, to the BWSR Wetland Bank Administrator so the affected account can be properly debited. 2. No impacts to any wetland or other water resource may commence until the credits have been debited and a copy of this form, with stamped debit date, has been received by the regulatory authority(ies), the account holder, and the credit user. 3. This form is not an application form. It is a transaction form to be used in association with an approved project that impacts wetlands and requires wetland replacement. When this form is completed and all required signatures are obtained, send with the fee check(s) to: Wetland Bank Administration Minnesota Board of Water and Soil Resources 520 Lafayette Road North Saint Paul, MN 55155 Disclaimer.any transaction in the wetland banking system is public information. Rev 3/17/2016 Transaction Form for Withdrawal of Wetland Credits Page 2 of 2 C:\Users\Owner\Dropbox\Dropbox\projects\2016\Ron Clark-Prior Lake-Permit\transaction_form_for_withdrawal_of_credits(1).docx I Pike Lake Development Wetland Permit Application APPENDIX E MNRAM Analysis Results c ° a Z d 8 d 8 d C 4i'r El vv w Ell d v Q c o r1 Lqrn ry 0 Llcsd8d 8 d LI o o o d 8 d 8 d El CL C C a) is U v 4 0 V F-1d d c ? o M O FlY Y 'j" V Q o C i cJa A ql Ll O C oQ o rno Q ED n o T3ca rS El i dV cay-+ CL o cm p V V 8 OzVU •, cu ON CL CL H V a) CLm El tt! o g 8 0 a. a. Iowacucaon LIT C C n Ely Q' r o f c ° CUA a ttl El 0 o a o u C 1 ED Ele4 v i e ani oZ o ElEl CL n o C C a) C! N E 2 o O O dl zzi cc W y a Management Classification Report for Pike Cake Development Pike Lake Development WL2 ID: 84 SCOTT County Minnesota(Shakopee) Watershed,#33 Corps Bank Service Area 9 Based on the MnRAM data input from field and office review and using the classification settings as shown below, this wetland is classified as Manage 2 Functional rank of this wetland Self-defined classification valueet based on MnRAM data Functional Category settings for this management level Low Vegetative Diversity/Integrity Moderate Low Habitat Structure(wildlife) Moderate Low Amphibian Habitat Low Not Applicable Fish Habitat Moderate Not Applicable Shoreline Protection Low Low Aesthetic/Cultural/Rec/Ed and Habitat Moderate/ Low Moderate Stormwater/Urban Sensitivity and Vegetative Diversity Moderate Wetland Water Quality and Vegetative Diversity High Characteristic Hydrology and Vegetative Diversity High Flood/Stormwater Attenuation* Not Applicable Commericial use* Moderate Downstream Water Quality* The critical function that caused this wetlandktoran as Manage 2 was Maintenance of Characteristic Amphibian Habitat Details of the formula for this action are shown below: Maintenance of Characteristic Amphibian Habitat (043)*[(Q"+M23wildlife+Q14+Q 41 + Q20 reversed)/6] Question Va/ue Description 1111 12 LI pland land uCe 0.11 torm ater runoff a Duffer idt 1-111 ildlife Carrier mpEJ Deeding potential fim preCence D.11 mpOi reptile ol-er intering Da itat This report was printed on: Friday, November 18,2016 The classification value settings for these functions are not adjustable Minnesota Wetland Conservation Act Notice of Application Local Government Unit(LGU) Address Prior Lake 4646 Dakota Street Prior Lake,MN 55372 1.PROJECT INFORMATION Applicant Name Project Name Date of Application Ron Clark Construction(Mike Pike Lake Development Application Number Roebuck) 12/7/2016 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 Comments must be received by (minimum 15 Pete Young business-day comment period): Water Resources Engineer 4:30 pm on January 6,2017 Address (if different than LGU) Date,time,and location of decision: 4646 Dakota Street A Decision will be made on January 23, 2017 Prior Lake,MN 55372 at Prior Lake City Hall. Phone Number and E-mail Address Decision-maker for this application: 952.447.9831 Staff pyoung@cityofpriorlake.com Governing Board or Council BWSR Forms 7-1-10 Page 1 of 2 Signature: Date: IZ t 2 3.LIST OF ADDRESSEES i SWCD TEP member: Troy Kuphal BWSR TEP member:Jed Chesnut LGU TEP member(if different than LGU Contact):Alison Harwood,WSB&Associates,Inc. DNR TEP member: Becky Horton/Jennie Skaucke DNR Regional Office(if different than DNR TEP member) WD or WMO(if applicable): Kathryn Keller-Miller,Prior Lake-Spring Lake Watershed District Applicant(notice only)and Landowner(if different) Members of the public who requested notice(notice only): Andrew Krinke,Kjolhaug Environmental Corps of Engineers Project Manager(notice only) BWSR Wetland Bank Coordinator(wetland bank plan applications only) 4.MAILING INFORMATION For a list of BWSR TEP representatives: www.bwsr.state.mn.us/contact/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:NE Region: Central Region: Southern Region: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Div.Ecol.Resources Div.Ecol.Resources Div.Ecol.Resources Div.Ecol.Resources 2115 Birchmont Beach Rd.NE 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South Bemidji,MN 56601 Grand Rapids,MN 55744 St.Paul,MN 55106 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.w-my.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 5.ATTACHMENTS In addition to the application,list any other attachments: Replacement Plan application El El r BWSR Forms 7-1-10 Page 2 of 2 WSB Building a legacy—your legacy.701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 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. 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 WSB 6uiIdi11g 3 lei,)cy—your legacy.701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 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. Meeting Minutes Page 2 of 2 SAWater Resources\WCA\WCA Sites\Pike Lake Marsh\1964-540-Pike Lake TEP Meeting Minutes DRAFT-010917.docx 4646 Dakota Street SE Prior Lake, MN 55372 January 27, 2017 Ron Clark Construction c/o Mike Roebuck 7500 West 78th Street Minneapolis, MN 55439 RE: Pike Lake Development Project(Pike Lake Marsh) Dear Mr. Roebuck, This letter is to inform you that the City of Prior Lake, Local Government Unit for the Wetland Conservation Act, is extending the Notice of Decision deadline for the Pike Lake Development Wetland Replacement Plan(Application No. 1964-540)to April 8, 2017. The extension is intended to provide additional time for the City Council to review the full scope of the proposed project. If you have any questions, please contact Alison Harwood at 763-231-4847 or aharwood@wsbeng.com. Pete Young, PE,CPESC Water Resources Engineer City of Prior Lake Jed Chesnut,Board of Water and Soil Resources Collin Schmmecker,Scott County SWCD Becky Horton, Department ofNatural Resources Jennie 3kanke, Department ofNatural Resources KatherynKeUer-N1iUer, Prior Lake Spring Lake Watershed District Ryan N1a|temd, U3Army Corps ofEngineers Andrew Khnke,Nu|haugEnvironmental Alison Harwood,VVSB&Associates Dan Rogneos,City ofPrior Lake Phone]952-447-9800 1 [pax]9s2-447-424a 1 citymfphvrbke.o,m Ak WSB Associates,Inc. engineering-planning®environmental®construction 701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Memorandum i To: Honorable Mayor Briggs and Prior Lake City Council Members From: Alison Harwood, WSB &Associates,Inc.I 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. Equal Opportunity Employer wsbeng.com SAWater Resources\WCA\WCA Sites\Pike Lake Marsh\MEMO-Prior Lake Mayor K CC-NOD-010917.doex i Minnesota Wetland Conservation Act Notice of Decision Local Government Unit LGU Address Prior Lake 4646 Dakota Street Prior Lake,MN 55372 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Ron Clark Construction(Mike Pike Lake Development Application Number Roebuck) 12/7/2016 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: 3/27/2017(NOD deadline extended to 4/8/2017 per 1/27/2017 LGU letter) Approved Approved with conditions(include below) Denied LGU Findings and Conclusions(attach additional sheets as necessary): 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). 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 BWSR Forms 7-1-10 Page 1 of 4 i i 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 Title Pete Young,PE 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 decision 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 Appeal of LGU governing body decision. Send petition and$fee(if applicable)to: petition and$500 filing fee to: City of Prior Lake Executive Director 4646 Dakota Street Minnesota Board of Water and Soil Resources Prior Lake,MN 55372 520 Lafayette Road North St.Paul,MN 55155 Bank Account# Bank Service Area County Credits Approved for Withdrawal sq. ft. or nearest.01 acre) 1494 9 Blue Earth 6,810 square feet(0.16 ac) County i BWSR Forms 7-1-10 Page 2 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/wea/DNR TEP contacts.pdf Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Div.Ecol.Resources Div.Ecol.Resources Div.Ecol.Resources Div.Ecol.Resources 2115 Birchmont Beach Rd. 1201 E.Hwy.2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids,MN 55744 St.Paul,MN 55106 New Ulm,MN 56073 Bemidji,MN 56601 For a map of DNR Administrative Regions,see:http://files.dnr.state.mn.us/aboutdnr/dnr re igons.pdf For a list of Corps of Project Managers:www.mvp.usace.army.mil/re uglatory/default.asp?12aaeid=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 NOD Deadline Extension Letter i BWSR Forms 7-1-10 Page 3 of 4 Wetland Banking Roar( nn lta Fact Sheet13oarco Water&Soil ReSOUrceS References Minnesota Statutes 103G.222. More Information: Minnesota Rules Chapter 8420. www.bwsr.state.mn.us/wetlands Wetland Banking is a convenient way to replace wetlands that are drained or filled for agriculture or urban development. The program connects people who need to replace wetlands with people who have already restored or created high-quality wetlands. Like a traditional bank, the Wetland Bank is the means to make deposits and withdrawals.The Wetland Bank is administered by the Minnesota Board of Water and Soil Resources (BWSR). Wetland Bank Transactions Deposits Withdrawals Deposits are made in "wetland replacement credits," State and federal wetland regulations require people which relates to the acres of wetlands that are who drain or fill wetlands to replace the wetland restored or created. Depositing credits is an acres that are impacted. A person makes a entrepreneurial opportunity for landowners wishing withdrawal of wetland replacement credits by to capitalize on wet, marginal land. Replacement contacting a landowner who has deposited credits wetlands are developed in advance of the proposed and negotiating a purchase price. impact and are protected with a permanent conservation easement. A database of available wetland replacement credits is available on the BWSR website: www.bwsr.state.mn.us/wetlands High-quality wetland restorations and administrative efficiency Without wetland banking, every project that is affected by wetland regulations would require a wetland restoration project to restore the impacted wetland acres. Restoring a wetland involves multiple steps that may take several years. Also, a 1-or 2-acre restored wetland would not provide the same benefits as a large complex of wetlands with adjacent upland buffers of native vegetation. BWSR has the technical,financial and project management expertise to complete high-quality, cost-effective wetland restoration projects that generate replacement credit for local road authorities. BWSR has capitalized on this expertise by entering into a partnership with the Minnesota Department of Transportation (MnDOT) that benefits both agencies by streamlining wetland replacement for state and local road projects. BWSR- developed wetland credits can also be used to meet Clean Water Act, Section 404 requirements after they are certified by the U.S Army Corps of Engineers. Making a Deposit Successful wetland bank sites usually begin with a restored wetland, where existing soils and hydrology provide a suitable for establishment of native wetland vegetation, but also can include creation and enhancement/ preservation of existing wetlands. Many factors are weighed when evaluating a proposed bank site. Factors include site history, surrounding land use,functions and values to be provided by the bank and eventual credit yield. In the end, credit yield or return on the initial investment, will typically outweigh other functional attributes but all are interrelated due the approval process for the resulting credits. The ideal bank site could be one that is effectively drained by artificial means and has been intensively cropped for decades. The ideal site will also provide a suite of functions that are desirable for the particular watershed, will be sustainable and will little construction to complete the project. Once the construction is complete and the hydrology is restored the focus shifts to establishing native vegetation. Again the ideal site will have a viable native seed bank that will establish with little or no help allowing the applicant to rely on this natural seed source rather than buying native seed and plants from a commercial vendor. When the above elements are present on a proposed bank site the input costs are minimized and the potential return is maximized. The overall process used to develop a wetland bank site includes four distinct phases: planning, construction, credit release and long-term maintenance. The planning portion of the process is subdivided into three progressive steps in order to provide the applicant with an early regulatory review and opinion regarding the project's feasibility before committing significant resources. Making a Withdrawal The Minnesota Wetland Conservation Act (WCA) is a state law that regulates activities that result in the draining,filling, or excavating of wetlands in Minnesota, including those on agricultural land. It is administered by local government units; in rural areas this is usually the County or Soil and Water Conservation District SWCD). SWCDs also provide technical assistance to landowners. Request a field visit by the local government that administers WCA.This can help identify regulated wetlands on your property, and regulations that could affect your project. Many wetlands do not contain standing water or are only saturated for part of the year, and can be difficult for landowners to identify. Tell your contractor to submit a "Contractor Liability form". Contractors who conduct projects that will impact a wetland are required to notify the local government.The Contractor Responsibility and Landowner Statement Form is available at www.bwsr.state.mn.us/wetlands/forms (see "Replacement Plan Forms") and must be mailed to the local government prior to starting work. Communication is the key! A quick call or stop at your SWCD or local government office prior to beginning your project will help you comply with the laws and save a project from potential additional costs and delays.