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Home My WebLink About5G - Beren's Woods MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: ALTERNATIVES: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT SEPTEMBER 19, 2005 5G STEVE ALBRECHT CONSIDER APPROVAL OF A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR BERENS WOODS ADDITION (CITY PROJECT NO. 05-111). Introduction The Berens Woods Addition development has proposed to impact wetlands as part of development. As the responsible local government unit (LGU) for the Wetland Conservation Act (WCA) the City is charged with reviewing and approving or denying the application as required by law. Historv On January 18, 1994, the City Council passed Resolution 94-01 adopting the permanent rules of the Wetland Conservation Act 0NCA) of 1991. Along with this, the Council also assumed the role of local government unit (LGU) for making WCA determinations for landowners. The purposes of WCA are as follows: 1. Achieve a no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands; 2. Increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands; 3. Avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands; and 4. Replace wetland values where avoidance of activity is not feasible or prudent. Current Circumstances The Berens Woods Addition project wetland replacement plan application proposes to impact 0.09 acres of wetland. The WCA requires wetland mitigation of 0.18 acres for this project. Mitigation of these impacts is proposed via purchase of 0.18 acres of wetland credits from an off-site bank. The Technical Evaluation Panel (TEP) reviewed the proposed impacts and mitigation on July 27, 2005 and determined that with minimization of the proposed impacts, the mitigation is acceptable. The TEP also felt the on-site natural wooded areas had a higher value to Howard Lake than creation of a small mitigation area and therefore recommended off-site mitigation. Attached is a copy of the. TEP "Findings and Conclusions" for this project, which is the basis for the staff recommendation. Staff recommends that the Council approve the Wetland Replacement Plan for the Berens Woods Addition Project. The alternatives are as follows: www.cityofpriorlake.com c ,\Devc,cp'ncr ts\2005-000w,BcrGrs woodPR~~~441f:tt,2<3~ioYS\F!aX'962!447:~245 1. Adopt the attached resolution that approves the Wetland Replacement plan for Berens Woods Addition. 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item for specific reason. RECOMMENDED MOTION: Alternative #1 above. Woods\CC ^gend,,)$ and 9~19~05doc 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION OS-xx A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR BERENS WOODS ADDITION (CITY PROJECT NO. 05-111 WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: SECOND BY: the applicant has prepared plans that avoid unnecessary wetland filling on the project to the greatest extent possible; and sequencing criteria has been met; and mitigation is proposed through purchase of 0.18 acres of wetland credits from an off-site bank; and the mitigation plan is in accordance with the Wetland Conservation Act and City of Prior Lake ordinances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that: 1. The recitals set forth above are incorporated herein. 2. The Wetland Replacement Plan for Berens Woods Addition is hereby approved. Passed this 19th day of September 2005. { Seal} YES NO Hauaen Hauaen Flemina FleminQ LeMair LeMair Petersen Petersen Zieska Zieska Frank Boyles www.cityofpriorlake.com G .\iJeve.ormen :s2CQS-G00..~8c(ens Woodp~9S2?441f4:2~(l)io1S\NX1'9S2:447::4245 Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision/Findings and Conclusions Name and Address of Local Government Unit: City of Prior Lake. 16200 Eagle Creek Avenue SE. Prior Lake. MN 55372 Name of Applicant: Acron Development. Inc - Dustin Kern Project Name: Berens Woods Type of Application (check one): o Exemption Decision o No Loss Decision [gI Replacement Plan Decision o Banking Plan Decision o Wetland Type/Boundary Decision Date of Decision: Check One: 0 Approved [2J Approved with conditions o Denied Summary ofProject/Findings and Conclusions (indicate exemption number per MN Rule 8420.0122, if applicable): A Technical Evaluation Panel (TEP) meeting was held July 27,2005. At this meeting the TEP requested further minimization of the proposed impacts. In particular, the TEP was seeking the preservation of the trees within and adjacent to the wetland area by lots 7 and 8. The TEP also requested that a thirty foot average buffer be shown on the plans and that it the buffer be widened to accommodate the proposed trail. In a revised pan submitted by Westwood on August 16,2005, grading was altered around lots 7 and 8 to further minimize the wetland impacts. While the revised grading plan reduced the impacts by an additional 1,000 square feet, it failed to meet the intent of the TEP recommendation. Further efforts need to be made to preserve more of the wooded areas behind the proposed lots 7 and 8. The plan does show a wetland buffer averaging 30 feet in width. The buffer, when subtracting for the trail was 20 feet at lot I and increased to over 50 feet at lot 7. This buffer is acceptable as shown. It has been determined that further reductions in wetland impacts need to occur behind lots 7 and 8. In particular, the wooded areas as described during the TEP meeting on July Page I 00 K:\01430-68IAdminIPermitsIWCA DecisionFindingsConclusions 081705.doc 27,2005 need to be preserved to the greatest extent feasible. For those impacts that could not be avoided, the proposed wetland replacement plan includes off-site mitigation in the form of wetland banking credits. The following table summarizes the mitigation as required by the current plan. This is expected to change as impacts are reduced. Square Feet Permanent Wetland Fill 5,000 Total Impact 5.000 New Wetland Credit From Wetland Bank 5,000 Acct. # 1131 Public Value Credit From Wetland Bank 5,000 Acct. # 1131 Total Mitb~ation Provided 10,000 Total Miti2ation Reauired (WeA) 10.000 The submitted application is approved based on the following conditions: 1. An Application for Withdrawal of Wetland Credits shall be signed by all appropriate parties and submitted to the LGU and approved by BWSR. 2. Further efforts mustbe made to reduce the impact to the wetland and wooded areas located south oflots 7 and 8 as stipulated by the TEP on July 27,2005. Qualified by the above conditions, the wetland replacement plan has been determined to offset the wetland impacts and fully complies with the Wetland Conservation Act. List of Addressees: Mr. Les Lemm Mr. Pete Beckius Board of Water and Soil Resources Scott County SWCD One West Water Street - Suite 200 7151 W. 190th Street, Suite 125 St. Paul, MN 55107 Jordan, MN 55352 Mr. Wayne Barstad DNR Wetland Coordinator DNR - Ecological Services Division Ecological Services Section 1200 Warner Road 500 Lafayette Road, Box 25 St. Paul, MN 55106 St. Paul, MN 55155 Ms. Christina Carballal Ms. Shannon Lotthammer US Corps of Engineers Prior Lake-Spring Lake Watershed District Attn: CO-R 190 Fifth Street E 15815 Franklin Trail SE St. Paul, MN 55101 Prior Lake, MN 553727 Mr. Pat Lynch Mr. Dustin Kern DNR Waters Acron Development Company 1200 Warner Road 7625 Metro Boulevard, Suite 350 St. Paul, MN 55106 Edina, MN 55439 Page 2 00 K: \0 J 430-68\Admin IPermitslWCA DecisionFindingsCondusions 08 J 70S. doc Mr. Jeremy Duehr Westwood Professional Services, Inc. 7599 Anagram Drive Eden Prairie, MN 55344 Mr. Steve Albrecht City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 You are hereby notified that the decision of the Local Government Unit on the above-referenced application was made on the date stated above. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking credits is conditional upon withdrawal of the appropriate credits from the state wetland bank. No wetland impacts may commence until the applicant receives a copy of the fully signed and executed "Application for Withdrawal of Wetland Credits," signed by the BWSR wetland bank administrator certifying that the wetland bank credits have been debited. 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. August 22. 2005 Date Terrance Jeffery. Environmental Scientist Name and Title Page 3 00 K: 10 1430-68\Admin IPermits\WCA DecisionFindingsConclusions 081705.doc