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Home My WebLink About5F Haven Ridge South Wetland Replacement Plan Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 4, 2018 AGENDA #: 5F PREPARED BY: PETE YOUNG, WATER RESOURCES ENGINEER PRESENTED BY: PETE YOUNG AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE HAVEN RIDGE SOUTH DEVELOPMENT PROJECT DISCUSSION: Introduction The purpose of this agenda item is to consider approval of a wetland replacement plan application for the Haven Ridge South 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 making 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 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. 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 (BJW Development Co.) submitted a complete WCA application for a replacement plan for the Haven Ridge South development project on April 6, 2018. The proposed project includes the development of approximately 11 acres of land into 32 low-density residential lots. The project will result in a total of 0.12 acre of wetland impacts. The proposed impacts will result from the construction of the project. The application was noticed to the WCA Technical Evaluation Panel (TEP) on April 11, 2018. The TEP is advisory in nature and makes technical 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 Natural Resources (DNR). The TEP met on April 23, 2018 to review the application. Comments were allowed until May 18, 2018. The TEP was supportive of the wetland replacement plan. Current Circumstances BJW Development Co. is proposing to construct the Haven Ridge South development project. Construction of the project will result in 0.12 acre of permanent 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 0.24 acre of wetland replacement is required for the project. The wetland application with selected attachments is included as Attachment 1, a memo from the City’s wetland consultant is included as Attachment 2, and a draft Notice of Decision (NOD) is included as Attachment 3. BJW Development Co. 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 0.24 acre. The project meets the requirements for a replacement plan application and proposes to replace 0.24 acre of wetland in accordance with the WCA. The replacement plan should be approved. As a condition of approval, the applicant is required 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 3). ISSUES: If approved, this replacement plan approval constitutes the final step in the WCA process before wetland impacts associated with the Haven Ridge South development project may occur. The applicant must also comply with the US Army Corps of Engineers wetland impact approval process. The Corps wetland 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 budget. ALTERNATIVES: 1. Motion and a second as part of the consent agenda to approve a resolution approving the wetland replacement plan for the Haven Ridge South 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 additional discussion. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-____ A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE HAVEN RIDGE SOUTH 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 0.12 acre; and WHEREAS, A replacement plan to purchase 0.24 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 Haven Ridge South development project is approved. Passed and adopted by the Prior Lake City Council this 4th day of June 2018 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager Prepared by: Midwest Natural Resources, Inc. 1032 West 7th Street, Suite 150 St. Paul, Minnesota 55102 HAVEN RIDGE SOUTH 13625 CREST AVENUE PRIOR LAKE, MINNESOTA Prepared for: Winkler Development 10519 165th Street West Lakeville, Minnesota 55044 MARCH 20, 2018 WETLAND PERMIT APPLICATION Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 1 Project Name and/or Number: Haven Ridge South 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: Winkler Development, Contact: Bart Winkler Mailing Address: 10519 165 th Street West, Lakeville, MN 55044 Phone: 952‐432‐7101 E‐mail Address: barts1107@aol.com Authorized Contact (do not complete if same as above): Mailing Address: Phone: E‐mail Address: Agent/s Name: Ken Arndt, Midwest Natural Resources, Inc. Mailing Address: 1032 W. 7 th St. Suite 150, St. Paul, MN 55102 Phone: 651‐788‐0641 Ken E‐mail Addresses ken.arndt@mnrinc.us PART TWO: Site Location Information County: Scott City/Township:Prior Lake Parcel ID and/or Address: 13625 Crest Ave. Legal Description (Section, Township, Range): SE1/4 of Section 24, T115N, R22W Lat/Long (decimal degrees): Attach a map showing the location of the site in relation to local streets, roads, highways. Approximate size of site (acres) or if a linear project, length (feet):11 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. 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. This application is being submitted for review and approval of wetland impacts involved with a proposed recreational trail associated with the Haven Ridge South residential development. See Attachment C for project description, purpose and need. Project Name and/or Number: Haven Ridge South 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 3W wetland fill P 3,003 sq. ft. (0.07 ac.) 41,382 sq. ft. (0.95 ac.) Seasonally Flooded Basin Scott, 33, 9 Wetland 4W wetland fill P 2,183 sq. ft. (0.05 ac.) 2,183 sq. ft. (0.05 ac.) Seasonally Flooded Basin & Deep Marsh Scott, 33, 9 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: 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. Project Name and/or Number: Haven Ridge South Attachment C Avoidance and Minimization and Additional Information 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: Winkler Development is proposing a new residential housing development in the City of Prior Lake. This proposed development will be a 32‐lot, low density residential subdivision that is located north of County Highway 42 and east of County State Aid Highway 18 (Crest Avenue). The 11 acre site encompasses land with wooded and open areas, a natural gas utility easement, and two wetlands. The property is presently zoned Agricultural (A) and is designated for Low Density Residential uses on the 2030 Comprehensive Plan Land Use Map. Access for the site is planned via a main access point from the Haven Ridge neighborhood to the north (Wildflower Way) and a future connection to the south. The proposed project will consist of the construction of a residential development. The project‘s construction will consist of site grading for infrastructure including: roads, utilities and building pads. Construction is expected to begin in 2018 and will continue until fully built. A preliminary plat for the site is included in Appendix A. The need for this project is based on the expanding residential housing market in this part of Prior Lake as well as availability to public infrastructure. Expected housing market growth in this part of Prior Lake will be met with new residential development including the proposed Haven Ridge South residential development. The City of Prior Lake is planning for expanded growth in this part of the City which is detailed in the City’s 2030 Comprehensive Plan. Existing Wetland Resources On‐Site Wetlands located within the Haven Ridge South property were delineated and documented in a report submitted by Anderson Engineering of MN on June 25th, 2015 (Appendix C). The wetland delineation report was reviewed by the LGU (City of Prior Lake) and approved by the Technical Evaluation Panel in the attached Notice of Decision dated September 14th, 2015 and by the Army Corps of Engineers in the attached concurrence letter dated September 2nd, 2015 (Appendix D). Two wetlands were delineated within the Haven Ridge South property and are designated as Wetland 3W and Wetland 4W (see Figure 5 of the wetland delineation report in Appendix C). The existing size of the part of Wetland 3W located on‐site is 0.95 acre. Wetland 4W which is located entirely on‐site is 0.05 acres in size. A brief description of Wetlands 3W and 4W follows. Wetland 3W Wetland 3W is located in the southwestern part of the site along Crest Avenue and is classified as part palustrine emergent wetland with a temporarily flooded hydrologic regime (PEMA; Circular 39 Type 1; Seasonally Flooded Basin) and part palustrine unconsolidated bottom wetland with an intermittently exposed hydrologic regime (PUBG; Circular Type 4; deep marsh). This wetland extends offsite to the south as the same type of wetland. The onsite portion of this wetland is 0.95 acres in size. Wetland 3W is dominated primarily by reed canary grass (Phalaris arundinacea) and green ash (Fraxinus pennsylvanica). Wetland 4W Wetland 4W is located in the western part of the site along Crest Avenue and is classified as a palustrine emergent wetland with a seasonally flooded hydrologic regime (PEMA; Circular 39 Type 1; Seasonally Flooded Basin) and is 0.05 acres in size. The wetland appears to be a created storm water facility with a culvert/flared end situated along the western edge of this wetland that conveys storm water runoff from Crest Avenue directly into the wetland. Another culvert within this wetland is situated at the southern end that drains this area underneath the existing driveway in a southerly direction to Wetland 3W. Wetland 4W is dominated by a plant community associated with an altered/non‐native plant community. Dominant plants species associated with this wetland include: American elm (Ulmus americana), sandbar willow (Salix interior), reed canary grass (Phalaris arundinacea), and black willow (Salix nigra). Much of this wetland is un‐vegetated with only trees around its perimeter. Impacts to existing wetland resources A small portion of Wetland 3W and the entire area of Wetland 4W will be impacted due to the need to construct a public recreational trail within the county right‐of‐way of Crest Avenue (County State Aid Highway 18). This public trail will connect the Haven Ridge South development to developed land to the north (Haven Ridge development) and to the south of the site where future residential development is being planned. 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 C). Applicants are encouraged to attach drawings and plans to support their analysis: No Action Alternative: The no action alternative would result in a failure to meet the purpose and need of the proposed planned public trail connection through the Haven Ridge South development. To the north within the Haven Ridge development a regional east/west trail was planned for connecting the Savage border to County Road 18. A trail section was also planned heading south to a proposed City of Prior Lake park being proposed at the corner of the Summit Preserve and Haven Ridge plats. The applicant con siders this alternative infeasible since the proposed planned trail connection’s alignment has been determined by existing plats to the north where the trail will be stubbed and future connections to the south where the trail will eventually connect to the Summit Preserve plat. Therefore, the no action alternative is not a viable consideration. Total Wetland Avoidance Build Alternative #1: Due to the locations of Wetlands 3W and 4W within the Haven Ridge South property, site topography, and county trail construction requirements, a total wetland avoidance alternative was not possible. Since this proposed recreational trail will be public it has to be located within the county right‐of‐way (ROW) of Crest Avenue. The existing width from the back of curb of Crest Avenue to the edge of both Wetlands 3W and 4W is not wide enough for the construction of the proposal regional trail to be graded without impacts to either wetland area. The trail itself needs to be constructed on nearly level ground which limits its placement within the County ROW. For wetland 3W the distance from the back of curb of Crest Avenue to the slope going down to the wetland edge is not wide enough for the construction of the regional trail without installing a retaining wall. For wetland 4W the existing slope from the back of curb of Crest Avenue slopes steeply downward to the edge of the wetland with no level area next to the county road for trail placement. Because of the steep slope encountered along Wetland 4W, the proposed trail needs to be place at the base of the slope where a more level grade occurs. In both wetland areas retaining walls were considered to be constructed to avoid wetland impact but county requirements state that retaining walls cannot be placed within the ROW for maintenance reasons. Attached is a sketch showing total avoidance of Wetland 4W (Appendix B). This figure shows total avoidance to the wetland area but does not provide a nearly level area for trail placement within the ROW. Even with the construction of a retaining wall to avoid wetland impact, there is not enough distance between the back of curb of Crest Avenue to the top of the retaining wall to construct the regional trail to county specifications. Total Wetland Avoidance Build Alternative #2: A second total wetland avoidance alternative looked at shifting the trail to within the Haven Ridge South development on the eastern side of Wetland 3W but due to county requirements of placing the regional trail within the ROW this total wetland avoidance alternative was not possible. This avoidance alternative is not possible due to county trail placement requirements and the fact that the Haven Ridge South development is not being developed concurrently with the property to the south where part of the trail would have to be placed in order to have the trail constructed on the eastern side of Wetland 3W to avoid impacting the wetland. 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): The Applicant has considered minimizing wetland impacts to the degree possible, given the constraints posed by the required location of the recreational trail and existing site conditions. Several project plans have been considered in an effort to minimize impacts to Wetland 3W and Wetland 4W but all did not significantly reduce the impact to the wetland because of the need to keep the trail in its current location due to County trail construction and placement requirements. Retaining walls were considered to minimize impacts to Wetlands 3W and 4W but county requirements state that retaining walls cannot be constructed within the ROW. Shifting the trail to within the Haven Ridge Development to minimize and/or avoid impacts was also not possible since county requirements state that the public regional trail needs to be located within the ROW of C.S.A.H. 18 (Crest Avenue). 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. Additional Information BMP’s. Wetland areas not being impacted on‐site will be protected by erosion control fence during the construction phase of the development. All disturbed areas will be seeded and mulched. Slopes over 3:1 will be seeded and blanketed. Other Permits or Approvals Required: MPCA‐ General Stormwater Permit MPCA Sanitary Sewer Extension Permit City of Prior Lake‐ Preliminary and Final Plat Approval City of Prior Lake Grading Permit Scott County Public Works‐ Entrance Permit Proposed Wetland Mitigation Wetland mitigation being proposed for impacting wetlands 3W and 4W will involve the purchase of 10,372 sq. ft. of wetland banking credits from a wetland bank that is located within the same Bank Service Area (9) as the Haven Ridge South development. This action should satisfy the wetland mitigation requirements for impacting the two wetland areas within the Haven Ridge South development. Project Name and/or Number: Haven Ridge South 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. Wetland Bank Account # County Major Watershed # Bank Service Area # Credit Type (if applicable) Number of Credits 1650 Lyon 25‐Minnesota (Granite Falls) 9 SWC 10,372 sq. ft. 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. Currently no wetland banking credits are available within the same minor watershed (Minnesota River 33122) as Haven Ridge South. Ten wetland banks are located in the same major watershed (Lower Minnesota River, 33). Of the ten banks located within the same major watershed as Haven Ridge South that were contacted, none have enough credits available for sale due to the following: 1) they are holding onto their credits for themselves, 2) were not interested in selling the amount we needed for mitigation, 3) do not have enough credit available to purchase, or 4) do not have CORP‐approved credits. Several banks were then contacted in Bank Service Area 9 since siting requirements state that we need to look at the BSA in which the site of impact is located if credits are not available within either the minor or major watersheds. We are proposing to purchase the needed wetland banking credit from bank #1650 if the TEP and ACOE approves this application. If the ACOE requires in‐kind replacement, a credit purchase would need to take place from two separate banks within BSA 9. We are proposing to purchase the needed credit from one single bank. Initial contact has been made with the wetland bank manager (Jeremy Donabauer) of wetland bank account #1650. Email correspondence with Jeremy Donabauer took place in March 2018 to discuss credit availability for the purchase of needed wetland banking credit for the proposed project. Based on the amount of wetland banking credit required for the mitigation associated with this project, wetland bank #1650 will be able to provide the total amount of wetland banking credit needed. This wetland bank has CORP‐approved Type 1 and Type 3 credit available for sale. Since the impacts at Haven Ridge South involve Type 1 and Type 4 wetlands, we are proposing to purchase Type 1 and Type 3 credits to satisfy the mitigation requirements. This bank does not have Type 4 credit available. Since preliminary and final plat approval for this development has not been approved by the City of Prior Lake, a purchase agreement will be drafted with a closing to take place following final plat approval. A submittal of preliminary and final plat approval has been submitted to the City of Prior Lake with final plat approval pending. Upon final plat approval by the City of Prior Lake a purchase agreement with the #1650 wetland bank manager will be executed in order to secure the needed wetland banking credits for this project. Applicant or Representative: Ken Arndt Title: Wetland Specialist Signature: Date: 3‐20‐18 Appendix A Preliminary Plat and Preliminary Wetland Impact Plan HAVEN RIDGE 1ST ADDITION HAVEN RIDGE FUTURE ADDITION TABLE 6.3 - CITY OF PRIOR LAKE PUBLIC WORKS DESIGN MANUAL PLSLWD BUFFER, SETBACK, AND NO-GRADE MATRIX BUFFER REQUIREMENT AVERAGE BUFFER WIDTH (FT) MINIMUM BUFFER WIDTH (FT) MINIMUM NO-GRADE ZONE (FT) FOUNDATION SETBACK FROM BUFFER (FT) EXCEPTIONAL 30 20 10 20 HIGH 30 20 10 20 MEDIUM 30 20 10 20 LOW 30 20 10 20 WETLAND 3W WETLAND 3W INFORMATION TOTAL IMPACT (SF) AVERAGE BUFFER REQUIRED (SF) AVERAGE BUFFER PROPOSED (SF) 5,186 17,997 19,321 00-ENG-115111-SHEET-WETLAND-IMPACT 14PRELIMINARY WETLAND IMPACT PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 14OFHAVEN RIDGE SOUTH PRIOR LAKE, MINNESOTA WINKLER DEVELOPMENT 10519 165TH STREET WEST 11-29-2017 NAP NCR Name Reg. No.Date Revisions 1. 1-26-2018 City Comments Date Designed Drawn 2017 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 47504 11-29-2017 Brian N. Molinaro LAKEVILLE, MINNESOTA 55044 Appendix B Wetland Minimization Figure PUD - VILLA SETBACKS FRONT 20' SIDE 4' LIVING 4' GARAGE CORNER @ ROW 20' REAR 20' LOW FLOOR 2' + HWL LOW OPENING 2' + EOF HWL 30' PUD - SINGLE FAMILY SETBACKS FRONT 25' SIDE 7.5' LIVING 7.5' GARAGE CORNER @ ROW 20' REAR 20' LOW FLOOR 2' + HWL LOW OPENING 2' + EOF HWL 30' FUTURE ADDITION 1ST ADDITION POND EOF = HWL + 1' REST OF BERM = HWL + 2' 01-ENG-116309-SHEET-GRAD 4GRADING PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 15OFHAVEN RIDGE PRIOR LAKE, MINNESOTA M/I HOMES 941 HILLWIND ROAD NE SUITE 300 08-16-2017 NAP NCR Name Reg. No.Date Revisions1. Date - Revision Date Designed Drawn 2017 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 47504 8-16-2017 Brian N. Molinaro FRIDLEY, MINNESOTA 55432 Appendix C Wetland Delineation Report (dated 6-25-15) by Anderson Engineering of MN, LLC Anderson Engineering of Minnesota, LLC 13605 1st Avenue North Plymouth, MN 55441 763-412-4000 Main 763-412-4090 Fax A Service-Disabled Veteran-Owned Small Business Berres Ridge Development Crest Ave NE Prior Lake, MN AE Comm. #14057 June 25th, 2015 Wetland Investigation Report WINKLER LAND CO TABLE OF CONTENTS WETLAND INVESTIGATION 1 PRIOR LAKE, MINNESOTA JUNE 2015 Table of Contents Contact Information ....................................................................................................... 2 Executive Summary ....................................................................................................... 3 Background ..................................................................................................................... 4 Methodology ................................................................................................................... 4 Resource Review ............................................................................................................ 5 Field Review .................................................................................................................... 6 Conclusion ...................................................................................................................... 8 List of Appendices Appendix A Figures Appendix B Routine On-site Determination Method Datasheets Appendix C Site Photographs Appendix D Antecedent Precipitation Record & WETS Table Historical Analysis Appendix E Historic Aerial Photographs Appendix F Minnesota Routine Assessment Methodology (MnRAM) Appendix G Credentials WINKLER LAND CO CONTACT INFORMATION WETLAND INVESTIGATION 2 PRIOR LAKE, MINNESOTA JUNE 2015 Contact Information Prepared For: Client: Berres Ridge Development Bart Winkler 10519 165th Street West Lakeville, MN 55044 Point of Contact: John Anderson johnbranderson@aol.com 612-598-4987 Prepared By: Ben Hodapp Environmental Scientist Certified MN Wetland Delineator #1016 Courtney Luensman Environmental Associate Certified MN Wetland Delineator #1251 Anderson Engineering of Minnesota, LLC 13605 1st Avenue North Suite 100 Plymouth, MN 55441 Phone: (763) 412-4000 Fax: (763) 412-4090 Website: www.ae-mn.com WINKLER LAND CO EXECUTIVE SUMMARY WETLAND INVESTIGATION 3 PRIOR LAKE, MINNESOTA JUNE 2015 Executive Summary Anderson Engineering of Minnesota, LLC was retained in June of 2015 to provide professional wetland services to identify areas meeting wetland criteria utilizing the 1987 United States Army Corps of Engineers (USACE) Wetland Delineation Manual (Technical Report Y-87-1; January 1987) and all supplemental guidance documents within the investigation extent identified in Appendix A. Figure 5. The investigation extent is approximately 66 acres in size, located east of Crest Avenue NE in Prior Lake, Minnesota. Geographically, the parcel is located in Section 24, Township 115 North, Range 22 West. Four areas meeting wetland criteria were field delineated within the identified investigation extent (Appendix A. Figure 5).  One Type 2/4, PEMB/PEMF, fresh meadow/deep marsh, approximately 0.64 acres in size  One Type 1, PEMA, seasonally flooded basin, approximately 0.09 acres in size  One Type 4, PUBG, deep marsh, approximately 0.95 acres in size  One Type 1, PEMA, seasonally flooded basin, approximately 0.05 acres in size WINKLER LAND CO RESOURCE REVIEW WETLAND INVESTIGATION 4 PRIOR LAKE, MINNESOTA JUNE 2015 Background As requested by Berres Ridge Development, Anderson Engineering of MN, LLC completed a wetland investigation within the project area identified in Figure 5, located east of Crest Avenue NE in Prior Lake, Minnesota. Geographically, the site is located in Section 24, Township 115 North, Range 22 West. The wetland delineation was completed in accordance with the 1987 United States Army Corps of Engineers Wetland Delineation Manual and the published regional supplement to the Army Corps Wetland Delineation Manual, Midwest Region. The purpose of this study was to investigate the identified investigation extent, identify areas meeting the technical criteria for wetlands, delineate the jurisdictional extent of the wetland basins, and classify the wetland habitat. Fieldwork for this site investigation was completed by Environmental Associates Courtney Luensman and Kristina Justen on June 16 &17, 2015. Methodology United States Geologic Service 7.5” Topographic Quadrangle maps, United States Fish and Wildlife Service National Wetland Inventory maps, United States Department of Agriculture Natural Resources Conservation Service Soil Survey and available aerial photographs were consulted to initially locate potential wetland habitats. Routine On-site Determination Method was used during this investigation. In this method, the following procedures were used: 1) The vegetative community was sampled in all present strata to determine whether it met hydrophytic vegetation criteria based on the indicators identified in the Midwest Regional Supplement. 2) Soil pits were dug using a Dutch auger to depths of 16”-36”. Soil profile was noted, in addition to any hydric soil characteristics. 3) Signs of wetland hydrology were noted and compared to field criteria such as depth to shallow water table and depth of soil saturation found in the soil pits. Data from sample points were recorded on Army Corps of Engineers Midwest Region Wetland Determination Data Forms (Appendix B). At least one sample point transect crosses the delineated wetland edge. This transect consist of an upland sample point and a wetland sample point. Other sample points may be located in areas which have one or more of the wetland vegetation, soils, or hydrologic characteristics present; where questionable conditions exist; or to verify the absence of wetland criteria. Photographs are also taken at each sample point, and of the wetland and upland buffer (Appendix C). Sample points were marked in the field with orange or pink flags. The identified wetland boundary was marked with sequentially numbered pink flags. All sample points and the delineated wetland boundary were located utilizing a Trimble Geo XH sub-meter GPS unit. WINKLER LAND CO RESOURCE REVIEW WETLAND INVESTIGATION 5 PRIOR LAKE, MINNESOTA JUNE 2015 Resource Review The following resources were reviewed to supplement the wetland field delineation: National Wetlands Inventory: The National Wetlands Inventory (Appendix A. Figure 2) identifies a PEM1C wetland and a PUBGx wetland within the project area. USDA - Natural Resources Conservation Service Soil Survey: The Soil Survey of Scott County, MN (Appendix A. Figure 3) does identify one hydric soil within the project area, Houghton series. Minnesota Department of Natural Resources Public Water Inventory: The MN DNR PWI for Scott County, MN (Appendix A. Figure 4) does not identify any public waters within the project area. Antecedent Precipitation Data: A review of the antecedent precipitation data, as well as analysis of the 30 day rolling precipitation data collected from the University of Minnesota Climatology Working Group (Appendix D) indicate that precipitation totals for the previous weeks were within the normal range. Hydrologic conditions were suitable for completing an accurate wetland determination and boundary delineation. Historic Aerial Photographs: A review of the historic aerial photographs (Appendix E) indicates that the property has remained under very similar land use patterns since at least 1937 and perhaps earlier. The western and eastern portions of the property has a consistent vegetation cover and the surrounding areas also appear to have very little change over time. WINKLER LAND CO FIELD REVIEW WETLAND INVESTIGATION 6 PRIOR LAKE, MINNESOTA JUNE 2015 Field Review Four areas meeting wetland criteria were identified within the investigation extent. Additional sample points were taken at the investigation areas identified in Appendix A, Figure 5 to confirm those areas do not meet wetland criteria. The areas are described below: Wetland 1: Wetland 1 is a Type 2/4, PEMB/PEMF, fresh meadow/deep marsh. Wetland 1 extends off-site to the west and the on-site portion is approximately 0.64 acres in size. The wetland is primarily vegetated with narrow leaf cattail (Typha angustifolia), reed canary grass (Phalaris arundinacea), and water smartweed (Persicaria amphibian). The underlying soils are mapped as Hayden loam. The investigated soil profile met the depleted below dark surface (A11) hydric soil indicator. Hydrology indicators observed include saturation at 8 inches (A3), geomorphic position (D2), and FAC-Neutral Test (D5). The upland buffer surrounding the wetland consists of American elm (Ulmus americana), boxelder (Acer negundo), common buckthorn (Rhamnus cathartica), and black raspberry (Rubus occidentalis. Moderate slopes form the transition into the wetland. Wetland 2: Wetland 2 is a Type 1, PEMA, seasonally flooded basin. Wetland 2 is entirely within the project area and is approximately 0.09 acres in size. The wetland is primarily vegetated with reed canary grass (Phalaris arundinacea) and lake sedge (Carex lacustris). The underlying soils are mapped as Hayden loam. The investigated soil profile was determined to be hydric based on best professional judgment. Hydrology indicators observed include geomorphic position (D2) and FAC-Neutral test (D5). The upland buffer surrounding the wetland is primarily vegetated by reed canary grass (Phalaris arundinacea), common milkweed (Asclepias syriaca), and staghorn sumac (Rhus typhina). Shallow slopes form the transition into the wetland. Wetland 3: Wetland 3 is a Type 1/4, PEMA/PUBG, seasonally flooded basin/deep marsh. Wetland 3 extends offsite to the south and the onsite portion is approximately 0.95 acres in size. The wetland is primarily vegetated with reed canary grass (Phalaris arundinacea) and green ash (Fraxinus pennsylvanica). The underlying soils are mapped as marsh soils. The investigated soil profile met the depleted below dark surface (A11) and redox dark surface (F6) hydric soil indicators. Hydrology indicators observed include water marks (B1), geomorphic position (D2), and FAC-Neutral test (D5). The upland buffer surrounding the wetland is primarily vegetated by green ash (Fraxinus pennsylvanica), boxelder (Acer negundo), and common buckthorn (Rhamnus cathartica). Shallow slopes form the transition into the wetland. Wetland 4: Wetland 4 is a Type 1, PEMA, seasonally flooded basin. Wetland 4 is entirely within the project area and is approximately 0.05 acres in size. The wetland is primarily vegetated with American elm (Ulmus americana), sandbar willow (Salix interior), and black willow (Salix nigra). The underlying soils are mapped as Hayden loam. The investigated soil profile met the redox dark surface (F6) hydric soil indicator. Hydrology indicators observed include a water marks (B1), geomorphic position (D2), and FAC-Neutral test (D5). The upland buffer surrounding the wetland is primarily vegetated by common buckthorn (Rhamnus cathartica) and poison ivy (Toxicodendron radicans). Moderate slopes form the transition into the wetland. Investigation Area A: This area is located in a slight depression adjacent to a small grove of trees. The vegetation in this area is dominated by giant ragweed (Ambrosia trifida) and shepherd’s purse (Capsella bursa-pastoria). The underlying soils are mapped as Terril loam. Soils in the investigation area did not meet a hydric soil indicator. This area met the geomorphic position (D2) hydrology indicator. Area is not a wetland. Investigation Area B: This area is located in a depression near the north project boundary. The vegetation in this area is dominated by reed canary grass (Phalaris arundinacea), blue vervain (Verbena hastata) and WINKLER LAND CO FIELD REVIEW WETLAND INVESTIGATION 7 PRIOR LAKE, MINNESOTA JUNE 2015 common milkweed (Asclepias syriaca). The underlying soils are mapped as Hayden loam. Soils in the investigation area did not meet a hydric soil indicator. Soils in this area were compacted due do the construction of the existing power line corridor. This area met the geomorphic position (D2) and FAC-neutral test (D5) hydrology indicators. This area receives surface hydrology from the surrounding upland areas; however, area continues to drain downslope to an adjacent stormwater pond. Area is not a wetland. Investigation Area C: This area is located in a slight depression in a forested area of the project. The vegetation in this area is dominated by American elm (Ulmus americana), bur oak (Quercus macrocarpa), common buckthorn (Rhamnus cathartica), and fox sedge (Carex vulpinoidea). The underlying soils are mapped as Hayden loam. Soils in the investigation area did not meet a hydric soil indicator. This area met the geomorphic position (D2) and FAC-neutral test (D5) hydrology indicators. Area is not a wetland. Investigation Area D: This area is located in a slight depression in a forested area adjacent to Crest Ave NE. The vegetation in this area is dominated by American basswood (Tilia americana), common buckthorn (Rhamnus cathartica), Virginia Creeper (Parthenocissus quinquefolia), and cinnamon fern (Osmunda cinnamonea). The underlying soils are mapped as Hayden loam. Soils in the investigation area did not meet a hydric soil indicator. This area met the geomorphic position (D2) hydrology indicator. Area is not a wetland. WINKLER LAND CO CONCLUSION WETLAND INVESTIGATION 8 PRIOR LAKE, MINNESOTA JUNE 2015 Conclusion Four areas meeting wetland criteria were identified and delineated in accordance with the 1987 United States Army Corps of Engineers Wetland Delineation Manual within the proposed project area located east of Crest Ave NE, Prior Lake, MN. Wetlands in the project area may be regulated by several agencies at the local, State, and/or federal level. Activities which may potentially impact those wetlands identified within this report should be discussed in advance with the appropriate regulating agency in regards to potential permit requirements. The Local Government Unit (LGU) responsible for implementing the Minnesota Wetland Conservation Act at this project location is the City of Prior Lake. The City of Prior Lake may require vegetated buffers around all preserved wetland areas. Wetland buffers must meet the standards specified for any project that is regulated under WCA. Based on the MnRAM assessment, Wetland 1 would be classified as Manage 1, Wetland 2 would be classified as Manage 2, Wetland 3 would be classified as Manage 2, and Wetland 4 would be classified as Manage 2 (See Appendix F). This wetland investigation meets the standards and criteria described in the 1987 United States Army Corps of Engineers Wetland Delineation Manual all applicable subsequent guidance for an on-site determination and the results reflect the conditions present at the time of the delineation. I certify that I performed the field analysis and wrote the report for this wetland determination. 6-24-2015 _________________________________ ___________ Courtney Luensman Date Environmental Associate Anderson Engineering of Minnesota, LLC I certify that I performed the field analysis and/or reviewed work completed by above staff. 6-24-2015 _________________________________ ______________ Benjamin J Hodapp, PWS Date Environmental Services Manager MN Certified Wetland Delineator #1016 Anderson Engineering of Minnesota, LLC APPENDIX A Figures Project Parcels PROJECT LOCATION County of Scott State of Minnesota City of Scott County, MN SOURCE: TIGER, ESRI, USDA, MN DNR, Scott Co., Anderson Engineering LOCATION - FIGURE 1WINKLER DEVELOPMENTCOMPANY Crest Avenue NE Prior Lake, Scott County, MN PIDs: 139-259240010, 139-259240020 & 139-259250026 AE Comm.# 14057 Date: 6/8/2015 By: JLA I Anderson Engineering of Minnesota, LLC 13605 1st Avenue North Suite 100 Plymouth, MN 55441 763-412-4000 (o) 763-412-4090 (f) www.ae-mn.comENGINEERINGARCHITECTURELAND SURVEYING ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE ANDERSONENGINEERING 0 0.25 0.50.125 Miles 1 in = 0.25 miles Legend Project Parcels PROJECT LOCATION County of Scott State of Minnesota City of Scott County, MN SOURCE: TIGER, ESRI, USDA, MN DNR, Scott Co., Anderson Engineering NWI - FIGURE 2WINKLER DEVELOPMENTCOMPANY Crest Avenue NE Prior Lake, Scott County, MN PIDs: 139-259240010, 139-259240020 & 139-259250026 AE Comm.# 14057 Date: 6/8/2015 By: JLA I Anderson Engineering of Minnesota, LLC 13605 1st Avenue North Suite 100 Plymouth, MN 55441 763-412-4000 (o) 763-412-4090 (f) www.ae-mn.comENGINEERINGARCHITECTURELAND SURVEYING ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE ANDERSONENGINEERING 0 400 800200 Feet 1 in = 400 feet Legend Project Parcels Scott Co. Parcels National Wetland Inventory PROJECT LOCATION County of Scott State of Minnesota City of Scott County, MN SOURCE: TIGER, ESRI, USDA, MN DNR, Scott Co., Anderson Engineering SOILS - FIGURE 3WINKLER DEVELOPMENTCOMPANY Crest Avenue NE Prior Lake, Scott County, MN PIDs: 139-259240010, 139-259240020 & 139-259250026 AE Comm.# 14057 Date: 6/8/2015 By: JLA I Anderson Engineering of Minnesota, LLC 13605 1st Avenue North Suite 100 Plymouth, MN 55441 763-412-4000 (o) 763-412-4090 (f) www.ae-mn.comENGINEERINGARCHITECTURELAND SURVEYING ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE ANDERSONENGINEERING 0 400 800200 Feet 1 in = 400 feet Legend Project Parcels Scott Co. Parcels Non-Hydric Soil Unit Hydric Soil Unit PROJECT LOCATION County of Scott State of Minnesota City of Scott County, MN SOURCE: TIGER, ESRI, USDA, MN DNR, Scott Co., Anderson Engineering PWI - FIGURE 4WINKLER DEVELOPMENTCOMPANY Crest Avenue NE Prior Lake, Scott County, MN PIDs: 139-259240010, 139-259240020 & 139-259250026 AE Comm.# 14057 Date: 6/8/2015 By: JLA I Anderson Engineering of Minnesota, LLC 13605 1st Avenue North Suite 100 Plymouth, MN 55441 763-412-4000 (o) 763-412-4090 (f) www.ae-mn.comENGINEERINGARCHITECTURELAND SURVEYING ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE ANDERSONENGINEERING 0 0.25 0.50.125 Miles 1 in = 0.25 miles Legend Project Parcels Scott Co. Parcels MN DNR Inventoried Public Watercourse MN DNR Inventoried Public Waterbasin PROJECT LOCATION County of Scott State of Minnesota City of Scott County, MN SOURCE: TIGER, ESRI, USDA, MN DNR, Scott Co., Anderson Engineering DELINEATION - FIGURE 5WINKLER DEVELOPMENTCOMPANY Crest Avenue NE Prior Lake, Scott County, MN PIDs: 139-259240010, 139-259240020 & 139-259250026 AE Comm.# 14057 Date: 6/8/2015 By: JLA I Anderson Engineering of Minnesota, LLC 13605 1st Avenue North Suite 100 Plymouth, MN 55441 763-412-4000 (o) 763-412-4090 (f) www.ae-mn.comENGINEERINGARCHITECTURELAND SURVEYING ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE ANDERSONENGINEERING 0 400 800200 Feet 1 in = 400 feet Legend Project Parcels Scott Co. Parcels Sample Point Wetland Field Delineated 6/16-6/17/2015 Wetland ID Cowardin Classification Circular 39 Classification Eggers & Reed Area (Ac.)Wetland 1 PEMB/PEMF Type 2/4 Fresh Meadow/Deep Marsh 0.64Wetland 2 PEMA Type 1 Seasonally Flooded Basin 0.09Wetland 3 PEMA/PUBG Type 1/4 Seasonally Flooded Basin/Deep Marsh 0.95Wetland 4 PEMA Type 1 Seasonally Flooded Basin 0.05 APPENDIX C Site Photographs WINKLER LAND CO. APPENDIX C: SITE PHOTOGRAPHS WETLAND ASSESSMENT PRIOR LAKE, MINNESOTA JUNE 2015 Wetland 1, viewing south Wetland 1, Sample Point B Investigation Area B, viewing west Wetland 1, Sample Point A Investigation Area A, viewing east Wetland 2, viewing southwest WINKLER LAND CO. APPENDIX C: SITE PHOTOGRAPHS WETLAND ASSESSMENT PRIOR LAKE, MINNESOTA JUNE 2015 Wetland 2, Sample Point A Wetland 3, viewing west Wetland 3, Sample Point B Wetland 2, Sample Point B Wetland 3, Sample Point A Investigation Area C, viewing south WINKLER LAND CO. APPENDIX C: SITE PHOTOGRAPHS WETLAND ASSESSMENT PRIOR LAKE, MINNESOTA JUNE 2015 Investigation Area D Wetland 4, viewing north Wetland 4, Sample Point B Wetland 4, viewing south Wetland 4, Sample Point A 540 Gateway Boulevard | Suite 100 | Burnsville, MN 55337 | (952) 737-4660 Building a legacy – your legacy. Equal Opportunity Employer | wsbeng.com S:\Water Resources\WCA\WCA Sites\Haven Ridge South\MEMO - Prior Lake Mayor & CC - Haven Ridge South NOD - 052118.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 21, 2018 Re: Haven Ridge South – Wetland Replacement Plan WSB Project No. 11775-000 BJW Development Co. is proposing to construct a 32-lot, low density, residential development on approximately 11 acres in Prior Lake. An 8-foot regional, recreational, trail will also be constructed with the project within the right-of-way of Crest Avenue. The proposed development will permanently impact 0.12 acre of wetland. Impacts result from the construction of the recreational trail. As replacement, the applicant is proposing to purchase wetland credits at a ratio of 2:1 from wetland bank No. 1650, located in Lyon county, Watershed 25, (Bank Service Area 9). The total amount of replacement provided will be 0.24 acre. The application was noticed to the Wetland Conservation Act Technical Evaluation Panel (TEP) on April 11, 2018. Comments were allowed until May 18, 2018. A TEP meeting was held to review the application on April 23, 2018. Overall, 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 Haven Ridge South 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 BJW Development Co. (Bart Winkler) 10519 165th Street W. Lakeville, MN 55044 phone: 952-432-7101 email: barts1107@aol.com Project Name Haven Ridge South Date of Application 3/27/18 – incomplete 4/6/18- complete Application Number 11775-000 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): A TEP was held on April 23, 2018. The TEP agreed that the alternatives analysis and minimizations efforts were reasonable and agreed with approval of the replacement plan. 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: June 4, 2018 Approved Approved with conditions (include below) Denied LGU Findings and Conclusions (attach additional sheets as necessary): BJW Development Co. is proposing to construct a 32-lot, low density, residential development on approximately 11 acres north of CH 42 and east of CSAH 18 (Crest Avenue), located in Section 24, Township 115N, Range 22W in Prior Lake, Scott County. An 8-foot regional, recreational, trail will also be constructed with the project within the right-of-way of Crest Avenue. Two wetlands were delineated within the project area in summer 2015. The proposed development will permanently impact 0.12 acre of wetland. Impacts result from the construction of the recreational trail. Replacement for the 0.12-acre of permanent wetland fill is proposed via purchase of 0.24 acre of USACE-approved wetland credits from Wetland Bank Account No. 1650, located in Lyon county, Watershed 25, BSA 9. No USACE-approved wetland credits were available within the same watershed (33) or same county (Scott) as the impact. BWSR Forms 7-1-10 Page 2 of 4 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 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 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 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 # 1650 Bank Service Area 9 County Lyon Credits Approved for Withdrawal (sq. ft. or nearest .01 acre) 10,372 sq. ft. BWSR Forms 7-1-10 Page 3 of 4 4. LIST OF ADDRESSEES SWCD TEP member: Troy Kuphal, Collin Schonecker BWSR TEP member: Ben Carlson 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) Bart Winkler, BJW Development Co. Members of the public who requested notice: Ken Arndt, MNR; Nick Polta, Pioneer Engineering Corps of Engineers Project Manager: Melissa Jenny 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: Transaction Form to Withdraw Credits