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HomeMy WebLinkAbout5H Trillium Cove Wetland Replacement Plan Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 12, 2017 AGENDA #: 5H 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 TRILLIUM COVE PROJECT DISCUSSION: Introduction The purpose of this agenda item is to consider approval of a wetland replace- ment plan application for the Trillium Cove development 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 iut will be deemed to be granted. The applicant (Pulte Group – Paul Heuer) submitted a WCA application for a replacement plan (Attachment 1, Appendices available upon request, 50 addi- tional pages) related to the Trillium Cove development project on April 14, 2017. The proposed project includes the development of approximately 90 acres of land into 142 single family lots and 65 attached townhomes. The project will re- sult in a total of 0.19 acre of wetland impact to Type 1 wetlands. The proposed impact will result from the construction of the project. The application was noticed to the WCA Technical Evaluation Panel (TEP) on April 24, 2017 (Attachment 2). The TEP is advisory in nature and makes tech- nical findings and recommendations. TEP members include 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 May 11, 2017. 2 Project alternatives, updated site plans, and wetland replacement were dis- cussed during the TEP meeting. Minor comments that will not impact the pro- posed project were made during the meeting. The TEP made recommendations related to protection of the unique wetland (Wetland C) at the site and the po- tential for future banking credits based on protection. The project, as proposed, will meet the WCA requirements relating to Wetland C, and any additional pro- tections for this wetland would exceed WCA requirements. A copy of the TEP meeting minutes is included as Attachment 3. Current Circumstances The Pulte Group is proposing to construct the Trillium Cove development project. Construction of the project will result in 8,552 square feet (0.19 acre) of perma- nent wetland impact. According to the WCA, permanent wetland impact for this project must be addressed by replacing wetlands at a 2:1 ratio. Therefore, a total of 17,104 square feet (0.39 acre) of wetland replacement is required for the pro- ject. The wetland application is included as Attachment 1, the WCA Notice of Application (NOA) is included as Attachment 2, TEP meeting minutes are in- cluded as Attachment 3, a memo from the City’s wetland consultant is included as Attachment 4, and a draft Notice of Decision (NOD) is included as Attachment 5. The Pulte Group 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. The total amount of wetland replacement provided will be 17,118 square feet (0.39 acre). Conclusion The project meets the requirements for a replacement plan application and pro- poses to replace 0.39 acre of wetland in accordance with the WCA. The replace- ment plan should be approved. As a condition of approval, the applicant is re- quired to submit a fully executed Withdrawal of Wetland Credits form to the City and to BWSR. If this replacement plan is approved, City staff will execute the WCA NOD form (Attachment 5). ISSUES: If approved, this replacement plan approval constitutes the final step in the WCA process before wetland impacts associated with the Trillium Cove development project may occur. The applicant received a jurisdictional determination from the US Army Corps of Engineers. The proposed work is not within the regulatory jurisdiction of the Corps of Engineers. The Corps of Engineers review and permitting process is separate from the City’s WCA process. FINANCIAL IMPACT: Approving this wetland replacement plan will have no financial impact on the City. ALTERNATIVES: 1. Motion and a second as part of the consent agenda to approve a resolution approving the wetland replacement plan for the Trillium Cove development project as proposed, or as may be amended by the City Council. 2. Motion and a second to remove this item from the consent agenda for addi- tional discussion. RECOMMENDED MOTION: Alternative No. 1. 3 ATTACHMENTS: 1. WCA Application Materials 2. WCA Notice of Application 3. WCA TEP Meeting Minutes 4. WCA Consultant Memo 5. WCA Notice of Decision (draft) 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE TRILLIUM COVE 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 8,552 square feet (0.19 acre); and WHEREAS, A replacement plan to purchase 17,118 square feet (0.39 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 Trillium Cove development project is approved. PASSED AND ADOPTED THIS 12TH DAY OF JUNE, 2017 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager Wetland Permits Application Trillium Cove City of Prior Lake, Scott County, Minnesota 4/14/2017 Prepared For: Pulte Homes of Minnesota 7500 Office Ridge Circle, Suite 325 Eden Prairie, MN 55344 MEMORANDUM TBPLS Firm No. 10074302 Date: April 13, 2017 Re: Wetland Permits Application Trillium Cove, Prior Lake, MN Westwood File 0011154.00 To: Alison Harwood, City of Prior Lake (c/o WSB & Associates) Pete Young, City of Prior Lake Melissa Jenny, USACE Cc: Paul Heuer, Pulte Homes of Minnesota Ryan Bluhm, Westwood Professional Services From: Kelly Kunst This memo, Parts 1 through 5 and Attachments C and D of the Joint Application form for Activities Affecting Water Resources in Minnesota, and the attached Exhibits and Appendices constitute the application package for the Trillium Cove residential development (Project) located in the city of Prior Lake, Scott County, Minnesota. Pulte Homes of Minnesota (Applicant) is proposing construction of the Trillium Cove residential development (Project) within the City of Prior Lake, Minnesota. The Project is proposed on approximately 90 acres of land that is a combination of row crop agriculture and deciduous woods. The Project proposes 142 single-family lots and 65 attached townhome units with 11.16 acres in outlots for future development, 14.42 acres of outlots containing ponds and wetlands, 7.87 acres of City park dedication and 7.59 acres of open space. The proposed Project results in a total of 0.20 acres (8,559 square feet (sf)) of impact to wetlands at three locations; Wetlands C, E, and J to facilitate the construction of internal streets, utilities, and stormwater management facilities. Project specific replacement for wetland impacts will be accomplished through a combination of on-site replacement and the purchase of credits from an approved State wetland bank. There are no impacts to Waters of the U. S. as part of this project. Please review the enclosed application materials and feel free to contact me with questions at (952) 906-7421. Wetland Permits Application Trillium Cove Prepared for: Pulte Homes of Minnesota 7500 Office Ridge Circle, Suite 325 Eden Prairie, MN 55344 (952) 229-0722 Prepared by: Westwood Professional Services 7699 Anagram Drive Eden Prairie, MN 55344 (952) 937-5150 Project Number: 0011154.00 Date: 4/14/2017 Wetland Permits Application-Trillium Cove 4/14/2017 ii CONTENTS Joint Application Form for Activities Affecting Water Resources in Minnesota Exhibits Appendices EXHIBITS Exhibit 1: Site Location and Topography Exhibit 2: Approved Wetland Boundaries Exhibits 2a and 2b: Existing Conditions Exhibit 3: Preliminary Plat Exhibit 4: Preliminary Wetland Impact & Replacement Plan Exhibit 5 through 5f: Trillium Cove Grading, Drainage & Erosion Control Plan Exhibits 6 and 6a: Pre- and Post-Development Drainage Map Exhibit 7: Wetland Restoration and Buffer Seeding Plan Exhibit 8: Wetland B Restoration Site APPENDICES Appendix A: Regulatory Delineation Approvals Appendix B: Wetland Functional Assessment Summary Appendix C: Purchase Agreement and Draft Transaction Form for Withdrawal of Wetland Bank Credits Appendix D: Seeding and Vegetation Management Plan Appendix E: Proof of Property Rights Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 20 Project Name and/or Number: Trillium Cove PART ONE: Applicant Information 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 Name: Pulte Group Attn: Paul Heuer Mailing Address: 7500 Office Ridge Circle, Suite 325 Eden Prairie, MN 55344 Phone: 952-229-0722 E-mail Address: Paul.Heuer@PulteGroup.com Authorized Contact (do not complete if same as above): Same as above Mailing Address: Phone: E-mail Address: Agent Name: Kelly Kunst-Westwood Professional Services Mailing Address: 7699 Anagram Drive, Eden Prairie, MN 55344 Phone: 952-906-7421 E-mail Address: kelly.kunst@westwoodps.com PART TWO: Site Location Information County: Scott City/Township: Prior Lake Parcel ID and/or Address: PIN# 250520130, 259250271, and 259250272 (Exhibit 1). Legal Description (Section, Township, Range): W ½ NW ¼ S25, T115, R22 and NE ¼ NE ¼ S26, T115, R22 Lat/Long (decimal degrees): 44.743019, -93.417374 Attach a map showing the location of the site in relation to local streets, roads, highways. Exhibit 1. Approximate size of site (acres) or if a linear project, length (feet): 90 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 your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform_4345_2012oct.pdf PART THREE: General Project/Site Information 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. Two separate wetland delineations were completed on the Project Area overall and included the “Bolger Property” by Stantec dated September 27, 2013 and revised October 23, 2013 and the “Prior Lake Site” delineation report by Westwood dated October 31, 2012. The Bolger Property delineation was approved by the WCA LGU (city of Prior Lake) on November 5, 2013 and by the USACE on April 22, 2014. The Prior Lake Site delineation was approved by the WCA LGU on November 28, 2012 (Appendix A). The USACE did not issue a response to the request for delineation concurrence and preliminary jurisdictional determination on the “Prior Lake Site”. On February 28, 2017, the Applicant requested an Approved Jurisdictional Determination (AJD) from the USACE for Wetland C, E, and J. On March 31, 2017 the USACE issued an AJD indicating wetlands C, E, and J are not subject to Corps jurisdiction (Appendix A). An AJD was Minnesota Interagency Water Resource Application Form February 2014 Page 4 of 20 not requested for Wetlands A, B, D, F, G, I and stream feature H on the “Bolger Property” and are presumed to be Corps jurisdictional. No impacts are proposed to Wetlands A, B, D, F, G, I, Corps stream feature H on the “Bolger Property” or to Wetlands 1 and 2 on the “Prior Lake Site”. Eleven wetlands totaling 7.2 acres were delineated in the Project Area and include Wetlands A, B, C, D, E, F, G, I, and J on the “Bolger Property” and Wetlands 1 and 2 on the “Prior Lake Site” (Exhibits 2, 2a and 2b). Wetland 1 is an unnamed MNDNR public water wetland (70014500) located in the east-central part of the site. The proposed development is also subject to the Prior Lake-Spring Lake Watershed District (PLSLWD) Rules. A MnRAM 3.4 functional assessment was conducted on all of the delineated wetlands within the “Bolger” and “Prior Lake” sites, the results of which are summarized in Table 1 below. The complete results of the MnRAM are included in Appendix B. The MnRAM results were used to determine buffers and stormwater susceptibility of wetlands in accordance with the City of Prior Lake Public Works Design Manual and the Spring Lake-Prior Lake Watershed District. Tab le 1. MnRAM 3.4 Functional Assessment Summary MnRAM Category WL A WL B WL C WL D WL E WL F WL G WL I WL J WL 1 WL 2 Vegetative Diversity moderate Low High Low High Low Low Low High High moderate Maintenance of Hydrologic Regime moderate low high high high high moderate high high moderate moderate Flood/ Stormwater Attenuation moderate moderate moderate moderate moderate moderate moderate moderate moderate moderate moderate Downstream Water Quality moderate moderate moderate high moderate moderate moderate moderate high moderate moderate Maintenance of Wetland Water Quality moderate low high moderate high moderate moderate moderate high Shoreline Protection NA NA NA NA NA NA NA NA NA NA NA Habitat Structure (wildlife) moderate moderate high Moderate high moderate moderate Moderate High High moderate Fish Habitat NA NA NA moderate NA moderate moderate moderate NA moderate moderate Amphibian Habitat NA NA NA high NA NA NA NA NA NA NA Aesthetic/ Cultural/Rec/ Ed moderate low moderate moderate moderate moderate moderate moderate moderate moderate moderate Commercial Uses NA NA NA NA NA NA NA NA NA NA NA Groundwater Interaction Comb Discharge /Recharge Comb Comb Comb Comb Comb Comb Comb Comb Comb Comb Wetland Restoration Potential NA NA NA NA NA NA NA NA NA NA NA Wetland Stormwater Sensitivity Except- ional Except- ional Except- ional Moderate Except- ional moderate moderate Except- ional Except- ional moderate Moderate Additional Stormwater Treatment Needs moderate low high moderate high moderate moderate moderate high Moderate moderate Wetland Community SFB (seasonally flooded basin) SFB SFB Shallow marsh SFB Shallow marsh Shallow marsh SFB SFB Sedge Meadow Shallow marsh PLSLWD SW susceptibility Highly Suscept. Least Suscept. Highly Suscept. Least Suscept. Highly Suscept. Least Suscept. Least Suscept. Least Suscept. Highly Suscept. Highly Suscept. Moder. Suscept. Minnesota Interagency Water Resource Application Form February 2014 Page 5 of 20 Describe the project that is being proposed , the project purpose and need, and schedule for implementation and completion. 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. Pulte Homes (Applicant) is proposing construction of the Trillium Cove residential development (Project) within the City of Prior Lake, Minnesota. The purpose of the Project is to meet the demand for residential housing in Prior Lake in accordance with the City of Prior Lake Comprehensive Plan (2011 as amended) which guides the subject property for urban low density residential development (R-1); however, the proposed Project is a Planned Unit Development (PUD) which allows for some flexibility from standard zoning requirements. It is anticipated that the Project will be constructed in three phases, with the first phase anticipated to begin in summer 2017. Full build-out is anticipated by 2021; however, construction timing will ultimately depend upon market conditions. The Project is proposed on approximately 90 acres of land that is a combination of row crop agriculture and deciduous woods; slightly more than half of the Project Area is wooded. The Project proposes 142 single-family lots and 65 attached townhome units including internal streets and utilities. A total of 11.16 acres is in outlots for future development (Outlots F, G, P and Q), 14.42 acres consist of outlots containing ponds and wetlands; in addition to 7.87 acres of City park dedication and 7.59 acres of open space (Exhibit 3). Public streets will service the development and include a main, north/south street that extends through the center of the development (Meadowlawn Trail) with four smaller streets branching off to the east and west to service the entire dev elopment. The main north/south street connects to Carriage Hills Parkway, a minor collector in the southern part of the site. Carriage Parkway is aligned to match existing stubs of this street to the west and east of the Project. The proposed Project results in a total of 0.20 acres (8,559 square feet (sf)) of impact to wetlands at three locations; Wetlands C, E, and J to facilitate the construction of internal streets, utilities, and stormwater management facilities (Exhibit 4). Wetlands C, E, and J are small, sparsely vegetated seasonally flooded flats with scattered saplings of silver maple, ash, and elm. Exhibits 5, 5a, 5b, 5c, 5d, 5e, and 5f depict the proposed wetland impacts and grading plans. The proposed 0.20 acres of impact represent 3% of the total wetlands on the site overall. The sequencing discussion for the Project is provided in Attachment C of this form. Project specific replacement for wetland impacts will be accomplished through a combination of on-site replacement and the purchase of credits from an approved State wetland bank. A total of 17,118 sf of total replacement is required to replace the 8,559 sf of proposed impacts at a 2:1 ratio. According to the PLSLWD rules, wetland replacement for impacts occurring within the PLSLWD must take place within the District at a rate of 0.5:1. As such, a minimum of 4,280 sf of wetland replacement should occur within the watershed. Because no wetland bank credits are available within the PLSLWD, the Applicant proposes to meet the PLSLWD replacement requirements through the vegetative restoration of farmed Wetland B on site. The remaining replacement credits will be purchased from the German Settlement Wetland Bank located in the Robert Creek minor watershed, major watershed #33 (Minnesota River Shakopee), Scott County, BSA #9. A signed purchase agreement and draft application for withdrawal of wetland bank credits is included in Appendix C. Minnesota Interagency Water Resource Application Form February 2014 Page 6 of 20 Project Name and/or Number: Trillium Cove PART FOUR: Aquatic Resource Impact1 Summary 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 Resource ID (as noted on overhead view) Aquatic Resource Type (wetland, lake, tributary etc.) Type of Impact (fill, excavate, drain, or remove vegetation) Duration of Impact Permanent (P) or Temporary (T)1 Size of Impact2 Overall Size of Aquatic Resource 3 Existing Plant Community Type(s) in Impact Area4 County, Major Watershed #, and Bank Service Area # of Impact Area5 Wetland C Wetland fill P 0.11 acre (4,582 sf) NA Seasonally flooded flat Scott, Major #33 (Minn R- Shakopee), BSA 9, Minor #33122 (Minnesota R.) Wetland E Wetland fill P 0.03 (1,247 sf) NA Seasonally flooded flat Scott, Major #33 (Minn R- Shakopee), BSA 9, Minor #33122 (Minnesota R.) Wetland J Wetland fill P 0.06 (2,723 sf) NA Seasonally flooded flat Scott, Major #33 (Minn R- Shakopee), BSA 9, Minor #33122 (Minnesota R.) Total -- -- -- 0.20 acres (8,552 sf) 1If 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 0.01 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 3rd Ed. as modified in MN Rules 8420.0405 Subp. 2. 5Refer to Major Watershed and Bank 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: N/A 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 meant to indicate whether or not those activities may require mitigation/replacement. Minnesota Interagency Water Resource Application Form February 2014 Page 10 of 20 Project Name and/or Number: Trillium Cove 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: Pulte Homes (Applicant) is proposing construction of the Trillium Cove residential development (Project) within the City of Prior Lake, Minnesota. The purpose of the Project is to meet the demand for residential housing in Prior Lake in accordance with the City of Prior Lake Comprehensive Land Use Plan (2008 as amended). Additionally, the location of this Project represents a significant gap between existing, established neighborhoods west and east of the site and would serve to provide significant street and neighborhood connectivity in this area that does not currently exist. In addition to the existing requirements of the Federal CWA, and the Minnesota State Wetland Conservation Act (WCA) as they apply to the 7.2 acres of wetland on the site, the Project was designed within the context of existing site constraints and requirements applicable under the city of Prior Lake Municipal Ordinances and the Prior Lake Spring Lake Watershed District (PLSLWD) Rules, as applicable. This Project is substantially an infill project, as such, the perimeter street and utility connections are fixed and the Project proposer is required to design streets and utilities to fit these preset locations. One of the primary challenges on the site is the very hilly, steep topography, particularly within the wooded areas on the north half of the site. Elevations generally range from a high of 990 to a low o f 914 in some of the wetlands and these grade changes occur over a very short distance. The topography of the site presents challenges in designing the road layout, siting utilities, and ensuring the proper functioning of designed stormwater features. Due to the fact that this site has such steep and dramatically changing grades, the impact of standard engineering design rules are significant. For example, maximum street grades severely limit the ability to follow existing grades. Existing grades, particularly in the northwest part of the site are commonly from 30 to 50% and the maximum street grade allowed is 6%. Additionally, the City requires that a street connection be made to Rolling Oaks Circle NE west of the site, to Ferndale Avenue east of the Site, and finish the street connection in the southern part of the Project to Carriage Hills Parkway west and east of the Site. The street connecting to Rolling Oaks Circle NE is planned to generally route along the topographical ridge in the northwest part of the site and thus has to navigate an elevation change of near ly forty feet over a distance of approximately 700 feet at the initial connection, in addition to navigating abrupt topographic changes as it proceeds through the northwest part of the site. As such, a significant amount of land cutting needs to occur in order to place this road to meet required grades. Another aspect of the street system with this Project are the changes to County Road 42 north of the site that are required as part of the Project. As part of the Project, the existing median openings along County Road 42 that allow access to Ferndale Avenue and Rolling Oaks Circle from both directions will be closed and in the future only right-in, right-out turns will be allowed from these streets onto County Road 42. A new median opening on County Road 42 will be created adjacent to the Meadowlawn Trail as part of the Project. Therefore, the internal streets of the Trillium Cove development will serve as access to these neighborhoods for traffic traveling west on 42. Particular to the stormwater management design, drainage flows in all four directions off of the site. Complicating matters further, the stormwater requirements vary depending on which direction the stormwater flows. As a result, stormwater design and grading design are both very complex with little flexibility. Another aspect adding difficulty to the stormwater design is the limited area of soils that are conducive to infiltration which constrains the siting of stormwater management features and further drives the overall layout of the Project. The City stormwater requirements as they relate to bounce, discharge, and outlet control standards further constrain project siting, particularly as they relate to existing wetlands. Additionally, the proposed Project falls within two drainage areas within the watershed so stormwater calculations are different in the north and southern parts of the Project. Another constraint is the overall nature of the wetland resource on the property which largely consists of small, isolated wetlands, some of which are located high in the landscape. Because of the significant land cutting and changes to elevation from site grading, Wetlands E and J would be left significantly higher in the landscape than the adjacent road and future residential lots, so even if the lots were removed from these locations, it would be impossible to maintain Minnesota Interagency Water Resource Application Form February 2014 Page 11 of 20 hydrology to these wetlands in the developed landscape. Additionally, some wetlands, particularly Wetland C, have a significantly high wetland to watershed ratio which means large areas of land in the contributing watershed to this wetland would have to remain undisturbed in order to preserve this wetland in the landscape without impacts (Exhibit 6). Additional constraints that were incorporated into the Project design is the PLSLWD requirement for an average 30 -foot buffer adjacent to all delineated wetlands, with a minimum width of 20 feet, and a 10-foot wide no-grade zone from the edge of the wetland. 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 d iscuss 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 C). Applicants are encouraged to attach drawings and plans to support their analysis: The No Build Alternative would completely avoid wetlands on the property; however, it is not considered practicable because it would not fulfill the basic purpose of the Project proposer and the city of Prior Lake, which is to provide suitable housing options for a growing population within the context of the City of Prior Lake Comprehensive Plan and to develop this location to establish neighborhood and street connectivity where there is currently an existing gap. For this reason, the no build alternative was rejected. Because of the City requirement for a road connecting Rolling Oaks Circle NE to the west to Meadowlawn Trail within the Project, an alternative plan that avoids all wetland impacts requires that this connection (via Trillium Cove) is maintained in the plan. A conceptual alternative plan that avoids all wetland impacts would consist of routing Trillium Cove south of Wetland E and J and north of Wetlands D and C to connect to Meadowlawn Trail in the center of the Project. This plan would physically avoid Wetlands C, E, and J but would still involve significant land cutting to accommodate road grades and would result in Wetland E being left higher in the landscape than the adjacent road. This alternative would effectively eliminate a majority of the lots in this northwest part because there would be no access to most of the northwest part of the site with this road alignment. Additionally, in order create lots along the north side of this road alignment, additional land cutting would be necessary in order to access these lots from the road and to establish suitable lot grades. This in turn would further increase the difference in elevation between Wetland E and lots and the road to the south such that a retaining wall would be needed to accommodate this elevation change up to the wetland. Essentially the south edge of Wetland E would be propped up higher in the landscape with a wall. Wetland J would also be avoided with this alternative but would also be left higher in the landscape than the finished grade of surrounding areas, although it would likely not require a retaining wall to support the grade change from the wetland down to the adjacent lots. Wetland C would also be avoided with this alternative but would require an approximately 10-foot high retaining wall along approximately one-third of this wetland edge on its eastern side to accommodate the elevation change from the wetland up to the adjacent road bed. This conceptual design does not incorporate the stormwater requirements for the site which would likely further constrain development in this part of the site. As described, an alternative plan that avoids all impacts is not feasible in the context of this Project because the nature of the topography in this part of the site, the position of Wetlands E and J high in the landscape, and the inability to put a road through this area without significant land cutting that is sure to leave Wetlands E and J elevated above the surrounding area. Lastly, this avoidance alternative would eliminate access to and the ability to develop a majority of the northwest part of the site, which would make the Project financially infeasible. For these reasons, this alternative was rejected. 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): Opportunities to avoid and minimize wetland impacts were assessed for the Project, and a site layout proposed, to minimize wetland impacts to the extent practicable while preserving wetland functions and maintaining Project goals. Complete avoidance of the wetlands is not considered practicable due to the reasons outlined in the previous section. From Project inception, the Applicant has endeavored to design a functional residential community while embracing the natural character of the site. In the proposed plan, wetland impacts consist of a total of 0.20 Minnesota Interagency Water Resource Application Form February 2014 Page 12 of 20 acres to Wetlands C, E, and J (Exhibits 5 to 5f). Aside from these unavoidable impacts, all other wetlands on the site have been completely avoided by the Project roads, stormwater management basins, utilities, recreational trails and park, and housing pads. The entirety of Wetlands C, E, and J are proposed for impacts so impacts cannot be further minimized on these wetlands. Potential impacts to the remaining wetlands as a result of the Project have been further minimized by adjusting lot sizes and configuration to completely avoid the remaining wetlands, maximizing adjacent slopes where Project infrastructure and lots comes near these wetlands, and providing an average 30-foot width protective buffer on the remaining wetlands. Buffer around Wetland 1 on the east part of the site, which the City identifies as a Unique Wetland in its Wetland Inventory Mapping because of its high floral diversity is provided buffer between 30 and 60 feet in width to further minimize potential impacts from adjacent development. In addition, areas surrounding the Wetland 1 buffer are within an area of park dedication which provides additional protection beyond the buffer. Other impact minimization efforts include ensuring the maintenance of hydrology to the remaining wetlands either by maintaining a sufficient contributing watershed or by constructing adjacent stormwater ponds to discharge to the wetlands to maintain hydrologic support. To further illustrate the extreme topography on this site, and the extent the Applicant has gone to avoid and minimize impacts to wetlands, approximately 27,000 square feet of retaining walls are being built to accommodate grades at a cost of nearly $1,000,000. Construction BMP’s will also be implemented to prevent unpermitted discharges into water resources. The protective buffers will be marked by signs in the field and protected with a conservation easement dedicated to the PLSLWD. Buffer areas that are disturbed during construction or do not have acceptable vegetation will be seeded with a suitable native, non-invasive seed mix such as state seed mix 35-241 or similar (mesic prairie general) for open areas and 36-211 (woodland edge south and west) for disturbed buffers in wooded areas. The proposed plan provides the best compromise between wetland avoidance, public safety, and goals of the city and Applicant for a functional, economically viable development within the context of the Comprehensive Plan. Exhibit 7 depicts the overall plan for native buffer establishment in those buffer areas that are disturbed as part of Project construction. Undisturbed buffer areas with acceptable vegetation will not be seeded. Exhibit 7 also provides details of the Wetland B farmed wetland restoration that is part of the wetland replacement credit provided for the 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. Minnesota Interagency Water Resource Application Form February 2014 Page 13 of 20 Project Name and/or Number: Trillium Cove 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. Under the Minnesota WCA, 0.39 acres (17,104 sf) of wetland replacement credit is required to compensate for the 0.20 acres (8,552 sf) of proposed impacts. According to 8420.0522, “…the replacement ratio is 2.5 replacement credits for each acre of wetland impacted. [In a <50% area] the replacement ratio may be reduced by 0.5:1 when the replacement consists of withdrawal of available credits from an approved wetland bank site within the same bank service area as the impacted wetland; or project specific replacement within the same major watershed or county as the impacted wetland, a majority of which is in-kind….” WCA siting requirements require that impacted wetlands in a < 50% percent area be replaced in a <50% area and follow this priority order for siting wetland replacement: (1) On site or in the same minor watershed as the impacted wetland… (2) In the same watershed… (3) In the same county or wetland bank service area In addition, PLSLWD requires that wetland replacement for impacts occurring within the PLSLWD must take place within the District at a rate of 0.5:1. As such, a minimum of 4, 276 sf of replacement must occur within the PLSLWD. Because there are no wetland bank credits available within the PLSLWD, this requirement will be met through the vegetative restoration of a farmed wetland (Wetland B) on the subject property. The 6,635 sf of farmed wetland restoration would generate 3,318 sf feet of eligible replacement credits (50% of the wetland area restored). A 30-foot wide average buffer totaling a minimum of 6,635 sf will be established around the Wetland B restoration to generate an additional 1,659 sf of replacement credit (25% of buffer area). The total replacement generated from the restoration and buffering of farmed Wetland B is 4,977 sf which is sufficient to meet the PLSLWD requirement. The remaining replacement requirement for the Project is 12,036 sf which will be purchased from the German Settlement Wetland Bank (Account # 1175) located in the Robert Creek Minor Watershed, Major Watershed 33 (Minn R.-Shakopee), Bank Service Area 9, Scott County (<50% area). A signed purchase agreement and draft Application for Withdrawal of Wetland Bank Credits is included in Appendix C. There are no wetland bank credits available for purchase in the same minor watershed as the Project. The replacement ratio can be reduced by 0.5:1 because replacement is being provided through a combination of on- site, project-specific replacement, a majority of which is in-kind and the purchase of bank credits from the same major watershed, all within a <50% area. The project-specific replacement is in-kind because the restored farmed wetland is of the same type as impacted wetland (Type 1) and has the same hydrologic conditions (seasonally inundated basin) and landscape position as the impacted wetlands. Wetlands C, E, and J proposed for i mpacts are Type 1, seasonally flooded basins/flats. Wetland Bank Account # County Major Watershed # Bank Service Area # Credit Type (if applicable) Number of Credits 1175 Scott 33 9 SWC 12,036 sf (0.28 acres) Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at Minnesota Interagency Water Resource Application Form February 2014 Page 14 of 20 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. WCA Action Eligible for Credit1 Corps Mitigation Compensation Technique2 Acres Credit % Requested Credits Anticipated3 County Major Watershed # Bank Service Area # Subp.5 NA 0.15 50 0.08 acre (3,318 sf) Scott 33 9 Subp. 2 NA 0.15 25 0.04 acre (1,659 sf) Scott 33 9 1Refer to the name and subpart number in MN Rule 8420.0526. 2Refer 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: Wetland B is a 0.15-acre (6,335 sf) Type 1, farmed, seasonally flooded flat that will be vegetatively restored through the establishment of native, noninvasive cover. Under Subp 5. Vegetative restoration of farmed wetlands, up to 50 percent of the area restored is eligible for replacement credit because Wetland B was planted with annually seeded crops in at least 10 of the last 20 years. Wetland C has been in annual row crop cultivation every year since at least 1991, and likely much longer. Under Subp. 2, up to 25 percent of upland buffer area is eligible for replacement credit for the establishment of native noninvasive vegetation and must not exceed the area of the replacement wetland. As part of the Wetland B restoration, native buffer averaging 30 feet in width will be established around the wetland for a total of 33,926 sf of native upland buffer. Because the restored wetland is 6,335 sf in size, only 6,335 sf of upland buffer will be claimed for replacement credit and should generate an additional 1,659 sf of replacement (6,355 sf x 25%). 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, ex isting 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.): Exhibit 8 depicts the location of the proposed wetland mitigation and includes aerial photography, soils, and topography for the area. Wetland B, which is proposed for restoration, is an isolated, farmed, seasonally inundated Type 1 wetland with approximately 10 percent vegetative cover consisting of weedy annual species. Attach a map of the existing aquatic resources, associated delineation report, and any documentation of regulatory review or approval. Discuss as necessary: See Appendix A for the WCA and USACE wetland delineation approval for Wetland B. Exhibit 2, 2a, and 2b depict delineated wetlands on the subject property. Minnesota Interagency Water Resource Application Form February 2014 Page 15 of 20 For actions involving construction activities, attach construction plans and specifications with all relevant de tails. 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: Existing soils in the areas proposed for wetland restoration are generally of suitable substrate and have sufficient organic matter for supporting wetland. The restored wetland will be seeded with State Steed Mix 33-261 (Stormwater South & West) or similar seed mix which is a suitable native mix for temporarily flooded hydrology regimes. See Exhibit 7 for additional details regarding the Wetland B restoration. Native seeding will be conducted throughout the basin of delineated Wetland B. If standing water is present at the time of seeding, seeding will be conducted up to the wat er’s edge. Because Wetland B is currently a farmed wetland, there is not established vegetation that needs to be scraped to remove an invasive vegetative layer. One round of her bicide application may be necessary in the restored wetland prior to seeding to remove existing annual weeds that may have established. Buffers averaging 30-feet wide will be established adjacent to restored Wetland B and will be seeded with State Seed Mix 35-241 Mesic Prairie General or similar. No off-site impacts are anticipated with this mitigation design because the restoration will occur in an existing wetland. Under developed conditions Wetland B will receive some surface runoff as well as additional inputs from treated stormwater. A pre-and post-development watershed analysis was conducted for the remaining wetlands on the site (Exhibits 6 and 6a) and demonstrates that there will be sufficient contributing watershed post-development to continue sufficient hydrologic support to the wetlands. It is worth noting that the contributing watershed for Wetland 1 is significantly reduced, however; this wetland is likely mostly supported by groundwater as it’s predevelopment watershed to wetland ratio is less than 4:1. Table 2 summarizes the pre- and post-development wetland to watershed ratio for the Wetlands. Table 2. Pre-and Post-Development Wetland to Watershed Ratio Wetland ID and Size Pre-Development Watershed Size (ac) Pre-Development Watershed to Wetland Ratio Post-Development Watershed Size (ac) Post-Development Watershed to Wetland Ratio Wetland A (0.06) 7.447 124:1 9.650 (1PS, WBP, 9PS) 161:1 Wetland B (0.15) 3.960 26:1 7.698 (WBP, 9PS) 51:1 Wetland C (0.11) 5.213 47:1 N/A N/A Wetland D (0.55) 4.097 7:1 7.491 (WDP, 8PS) 14:1 Wetland E (0.03) 0.510 17:1 N/A N/A Wetland F (0.08) 1.337 17:1 2.758 (WFP, 4PS) 34:1 Wetland G (0.06) 7.288 121:1 9.733 (WGP, WFP, WIP) 162:1 Wetland I (0.29) 8.843 30:1 12.77 (WIP, 5PS, 6PS) 44:1 Wetland J (0.06) 0.969 16:1 N/A N/A Minnesota Interagency Water Resource Application Form February 2014 Page 16 of 20 Wetland replacement construction will occur prior to or concurrent with wetland impacts on the Site. Areas near restored Wetland B will be graded to the proposed elevations and the shared boundary between adjacent buffer and the restored wetland will be smoothed to provide a subtle transition between these areas. Once grading is complete and as- built conditions have been verified, buffer and restored wetland areas will be seeded with the appropriate native seed mix according to the seeding and vegetation plans attached herein. For projects involving vegetation restoration, provide a vegetation establishment plan that includes infor mation 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: See Exhibit 7 for the seeding plan and Appendix D for the Seeding and Vegetation Management Plan and proposed seed mixes. 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: The purpose of the on-site Wetland B restoration as part of this Wetland Replacement Plan (WRP) is to generate a total of 4,977 sf (0.114 acres) of replacement credit from 6,635 sf of farmed Wetland B restoration (3,318 sf of credit) and adjacent buffer (1,659 sf of credit) to partially compensate for proposed impacts. The following performance standards provide specific benchmarks through the five year monitoring period to measure the progress of the restoration area in attaining the overall mitigation goal of establishing a restored wetland that functions as a Type 1 seasonally inundated basin dominated by native, non-invasive vegetation as defined in the vegetation management plan. Year 1: Wetland hydrology (under normal conditions) should be present and consist of temporary, seasonal inundation of up to 1 foot depth for approximately 14 continuous days during the growing season up to an elevation of 932.0. Cover crop species (if used) should cover exposed portions of the mitigation wetland at greater than 75% aerial cover. Seedlings of at least two species of the designated seed mix should be present. Year 2: Wetland hydrology (under normal conditions) should be functioning at or close to proposed water levels. Regularly exposed portions of the mitigation wetlands should have 50% cover of native, non-invasive vegetation. There should be no more than 20% cover of invasive species. Years 3 to 5: Regularly exposed portions of the mitigation wetland should have 60% cover of native, non-invasive vegetation. The wetland plant communities should contain at least 25% of all species contained in the specified seed mix, or include a minimum of five native species. There should be no more than 20% cov er of invasive species. In general, if noxious weeds and invasive, non-native species are identified within the wetland replacement areas during the five-year monitoring period, reasonable efforts will be made to control these species using appropriately timed herbicide applications or other methods. While reasonable steps are proposed, it should be recognized that reed canary grass control remains experimental and that effective reed canary grass control cannot be guaranteed. The vegetation management plan (Appendix C) provides additional details regarding vegetation management methods and timing for particular species. Wetland 1 (5.55) *(likely substantially supported by groundwater) 23.498 4:1* 13.015 (W1P) 2:1* Wetland 2 (0.32) 6.189 19:1 7.172 (W2P, 7PS) 22:1 It is worth noting the wetland sizes for Wetlands A and G represent only that portion within the Project boundary, thus the reason the watershed to wetland ratio is so high. Minnesota Interagency Water Resource Application Form February 2014 Page 17 of 20 Provide a five-year monitoring plan to address project outcomes and credit allocation: Under the WCA, replacement wetlands require monitoring for a period of five years following completion of the wetland replacement project, or until Technical Evaluation Panel (TEP) deems the replacement wetland to be fully functional. The first annual monitoring report should incorporate Construction Certification information as specified in Minn. Rules 8420.0800. According to these rules, the local government unit must certify the initial construction of replacement wetland before replacement wetland monitoring begins. Upon completion of initial construction activities, the applicant will provide the following as-built information to document compliance with the approved replacement plan: 1. surveyed elevations of slopes, contours, outlets, and dikes; 2. seed tags and contractor receipts or other documentation of seeding or planting; 3. a description of site preparation activities, such as mulching, seedbed preparation, seeding methods, or initial weed control activities; 4. a map showing relevant areas of seeding and construction activities; 5. construction photos showing relevant restoration work; 6. evidence that, for projects including dams, dikes, or other impoundment features, the construction was designed, overseen, and certified by a licensed professional engineer; and 7. a comparison of the as-built documentation versus the design specifications and a description and rationale for any significant changes. After construction certification, a wetland monitoring report will be submitted to the LGU at the end of each monitoring year and will contain the following information: 1. a description of the project, location, size, current wetland type (Cowardin classification), desired wetland type (goal) and performance standards; 2. a summary of current conditions in the context of the performance standard for that year. 3. a description of activities completed during the year and activities planned for the upcoming year 4. hydrology measurements: seasonal water level elevations or aerial coverage measurem ents at fixed repeatable locations during the period April through October; 5. a map of plant communities within the boundaries of the replacement site, including hydrologic indicators observed and location and extent of invasive/non-native vegetation; 6. color photographs of the Project Area taken anytime during the growing season; and 7. if necessary, a delineation of the replacement areas in the final monitoring season. If it can be shown that a wetland replacement area is fully functional prior to the fifth ye ar of monitoring, the Applicant may request that the LGU waive the remainder of the five-year monitoring requirement. Discuss and provide evidence of ownership or rights to conduct wetland replacement/mitigation on each site: The Applicant has a purchase agreement for the property, portions of which are included in Appendix E. 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: See narrative under Attachment D. 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. Exhibits Trillium Cove City of Prior Lake, Scott County, Minnesota 140th St C r e s t A v e P i k e L a k e T r Egan Dr HorizonDr M N T H 1 3 B l u e b i r d T r FishPointRd M a n i t o u R d Carriage Hill Pkw y 150th St C o a c h m a n L a Cedarwood St S h o r e L a S h o r e T r F i s h e r A v e H i l l s b o r o A v e L o r d s S t N E A s p e n A v e F a i r l a w n S h o r e s T r Chestnut La W i l d w o o d D r Shady Beach Tr M a r t i n d a l e S t N E 1 3 8 t h S t H u m m i n g b i r d T r M u h l e n h a r d t D r W h i s p e r i n g O a k s T r l B r i d l e R d g F e r n d a l e A v e C e d a r w o o d T r A m b l e w o o d D r R e d O a k s R d 41stSt G r e e n O a k s T r B r e e z y P o i n t R d D o v e C t Maves Tr NE R o b i n R d H e n s i n g t o n A v e F o u n t a i n H i l l s D r Candy Cove Tr Lost Horizon Cir M a n o r R d A p p a l o o s a L a S u n s et C t R o s e w o o d R d 150th St SE Rutledge St BirchwoodAve E d g e w a t e r C i r O a k R i d g e C i r R o lli n g O a k s C ir N E Q u a k e r T r L a k e D r F r o s t P o i n t C i r H e n n i n g C i r N E P i n e S t G l o r y C i r R a v e n C t P a r t r i d g e C t L a n d a u L a E d i n b o r o u g h A v e 15 0th S t Egan Dr140thSt EXHIBIT 1 M a p D o c u m e n t : N :\0 0 1 1 1 5 4 .0 0 \G I S \G r i f f i t h W o o d s _l o c _e x 1 .m x d 4 /1 2 /2 0 1 7 4 :1 5 :3 3 P M Trillium Cove © 2017 Westwood Professional Services, Inc. Prior Lake, Scott County, Minnesota Site Location & USGS Topography Data Source(s): Westwood (2017), USDA-NRCS (2002), MNDOT Roads, Scott County (2012). ±0 1,500 Feet Legend Project Boundary Wetland 1 Wetland G Wetland D Wetland I Wetland 2 Wetland F Wetland B Wetland A Wetland C Wetland J Corps Stream H (not wetland) Wetland E 140th St B l u e b i r d T r F e r n d a l e A v e D o v e C t F i s h e r A v e Carriage Hill Pkwy R o lli n g O a k s C ir N E A s h C i r Egan Dr P i n e R dShoreTr P i n e S t Hampton St R a v e n C t C a r r a g e H i l l S t M - 1 0 9 S w a l l o w C t R o s e w o o d R d S n o w b i r d C i r C h a t o n k a B e a c h T r 4 5 5 140th St Carriage Hill Pkwy EXHIBIT 2 M a p D o c u m e n t : N :\0 0 1 1 1 5 4 .0 0 \G I S \G r i f f i t h W o o d s _w t l d _e x 2 .m x d 4 /1 2 /2 0 1 7 4 :2 7 :4 0 P M Trillium Cove © 2017 Westwood Professional Services, Inc. Prior Lake, Scott County, Minnesota Delineated Wetlands Data Source(s): Westwood (2017), MnGEO-WMS (Accessed April 2017), MNDOT Roads, Scott County (2012). ±0 400 Feet Legend Project Boundary Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 x x x x x x x x x x x x x x Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 9 4 0 9 4 2 944 9 4 6 9 4 8 9 5 0 9 5 2 9 3 8 956 9 3 6 9 3 4932 9 3 0 928 9 2 6 9 2 4 922 954 9 5 8 9 6 0 9 6 2 920 9 6 4 9 6 6 9 1 8 9 6 8 916 9 7 0 914 9 5 4 9 5 4 956 954 9 5 6 946 944 9 6 0 9 4 8 942 9 6 4 962 936 9 3 4 9 5 4 9 5 4 966 962 958 968 9 4 8 938 9 3 2 9 5 4 930 9 5 8 9 3 0 9 2 2 952 9 6 4 940 930 9 5 2 9 6 4 9 4 8 9 2 6 958 9 3 4934 950 952 9 4 4 9 3 0 930 9 6 0 9 5 6 9 5 6 9 4 8 9 3 2 9 2 6 9 2 8 9 5 8 956 924 9 3 6932 9 5 4 9 5 0 9 5 8 920 Wetland 1 Wetland B Wetland D Wetland A Wetland C Wetland J Wetland E HaD HaE2 HaC HaD2 Ma HaB HaB HaE2 HaC2 HbE2 INT Ma EXHIBIT 8 M a p D o c u m e n t : N :\0 0 1 1 1 5 4 .0 0 \G I S \G r i f f i t h W o o d s _s o i l t o p o e x 8 .m x d 4 /1 3 /2 0 1 7 3 :3 9 :2 2 P M Trillium Cove © 2017 Westwood Professional Services, Inc. City of Prior Lake, Minnesota Wetland B Restoration Site Data Source(s): MNTOPO (Accessed March, 2017), MnGeo WMS (Accessed March, 2017), WEstwood (2017), USDA-NRCS Web Soil Survey (Accessed March 2017). ±0 100 Feet Legend Soil Unit All Hydric Soils Delineated Wetland Boundaries Project Boundary Soil Legend HaD2-Hayden loam, 10 to 22% slopes,moderately eroded HaE2-Hayden loam, 18 to 25% slopes,moderately eroded HaC-Hayden loam, 6 to 10% slopes Ma-Marsh 701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800 Building a legacy – your legacy. Equal Opportunity Employer | wsbeng.com S:\Water Resources\WCA\WCA Sites\Trillium Cove\1964-580 - MEMO - TEP Summary - DRAFT.docx Memorandum To: Pete Young, City of Prior Lake Jed Chesnut, BWSR Jennie Skancke, DNR Becky Horton, DNR Kathryn Keller-Miller, PLSLWD From: Alison Harwood, WSB & Associates, Inc. Date: May 16, 2017 Re: Trillium Cove Wetlands WSB Project No. 1964-580 Below provides a summary of the meeting held on May 11, 2017 at the Trillium Cove Development project area. In attendance at the meeting included Jed Chesnut (BWSR), Jennie Skancek, DNR), Becky Horton (DNR), Kathryn Keller-Miller (PLSLWD), Pete Young (City of Prior Lake), Alison Harwood (WSB and Associates for City of Prior Lake), and Kelly Kunst (Westwood). 1. The TEP Reviewed the replacement plan and approved of the plan con ditional on the following: a. The applicant provides a fully-revised application including the updated mitigation plan and updated site plans. 2. The TEP reviewed a large wetland that will be included as an outlot and given to the City of Prior Lake (Wetland C). The City has an interest in providing protection and restoration for this area, which has been identified as a unique wetland by the City. 3. The option of applying for a wetland bank under Mn Rule 8420.0526, Subpart 8 (Restoration and Protection of Exceptional Natural Resource Value, ENRV) was discussed. The TEP had the following comments regarding this option: a. TEP agreed that few other wetlands of this type exist within Prior Lake. b. TEP recommended that additional protection be given to the woodland and s lopes surrounding the wetland. TEP recommended that the developer consider providing a minimum 75-foot buffer around the wetland boundary. c. DNR recommended installing piezometers to document groundwater movement within the wetland. d. TEP recommended a comprehensive vegetation survey and threatened and endangered species survey. e. TEP indicated that a restoration plan, including restoration and protection of the upland buffer, would be required to establish the site as an ENRV bank. f. TEP indicated that an evaluation of stormwater inputs should be included in any application. g. TEP recommended restoration include removal of invasive species in the wetland area, including reed canary grass and cottonwood as well as in the uplands, which primarily consisted of common buckthorn. The above constitutes our understanding of the meeting. If you have any comments or questions, please contact me at aharwood@wsbeng.com or 763-231-4847 by Friday, May 19, 2017. engineering planning environmental construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Equal Opportunity Employer wsbeng.com C:\Users\pyoung\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\CXYZ4J0Z\MEMO - Prior Lake Mayor CC - Trillium Cove NOD - DRAFT.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: May 30, 2017 Re: Trillium Cove – Wetland Replacement Plan WSB Project No. 1964-580 Pulte Homes is proposing to develop approximately 90-acres of land into 142 single family lots, 65 attached townhomes, and associated site entrance, utilities, and stormwater treatment features. As a result of the proposed development, approximately 8,552 square feet (0.19 acre) of Type 1 wetlands will be filled. As replacement, the applicant is proposing to purchase wetland credits at a ratio of 2:1 from wetland bank No. 1175, located in Scott County (Bank Service Area 9). The total amount of replacement provided will be 17,118 square feet (0.39 acre). The application was noticed to the Wetland Conservation Act Technical Evaluation Panel (TEP) on April 24, 2017. Comments were allowed until May 26, 2017. A TEP meeting was held on May 11, 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 Pulte Group (Paul Heuer) Project Name Trillium Cove Date of Application 04/14/2017 Application Number 1964-580 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 May 11, 2017 to review the project. The TEP was supportive of the replacement plan. 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 6/12/17 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 Pulte Homes is proposing to construct the Trillum Cove residential development, which will convert approximately 90 acres of land into 142 single-family lots, 65 attached townhome units, and associated roads and utilities. The proposed project will impact 0.196 acre of wetlands as a result of street and utility construction. The impacted wetlands are summarized below: - Wetland C: Type 1 - 4,582 sf impact - Wetland E: Type 1 - 1,247 sf impact - Wetland J: Type 1 - 2,723 sf impact The applicant is proposing to replace for the above-referenced impacts at a 2:1 ratio (17,118 sqare feet total replacement) through the purchase of bank credits from Account No. 1175, located in Scott County (Watershed No. 33, Bank Service Area 9). BWSR Forms 7-1-10 Page 2 of 4 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 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 # 1175 Bank Service Area 9 County Scott County Credits Approved for Withdrawal (sq. ft. or nearest .01 acre) 17,118 sf (0.39 acre) BWSR Forms 7-1-10 Page 3 of 4 4. LIST OF ADDRESSEES 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 Skancke DNR Regional Office (if different than DNR TEP member) WD or WMO (if applicable): Kathryn Keller-Miller, PLSLWD Applicant and Landowner (if different) Paul Heuer, Pulte Group Members of the public who requested notice: Kelly Kunst, Westwood Professional Services 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 Summary