HomeMy WebLinkAbout5J Meadows of Cleary Lake 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: DECEMBER 3, 2018
AGENDA #: 5J
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 MEADOWS OF CLEARY LAKE
DEVELOPMENT PROJECT
GOAL AREA AND
OBJECTIVE:
Environmental Stewardship & Recreation
2. Protect and enhance the quality of Prior Lake’s surface waters
DISCUSSION: Introduction
The purpose of this agenda item is to consider approval of a wetland
replacement plan application for the Meadows of Cleary Lake 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 (Key Land Homes) submitted a complete WCA application for a
replacement plan for the Meadows of Cleary Lake development project on
October 22, 2018. The proposed project includes the development of
approximately 20 acres of land into 48 residential lots. The project will result in a
total of 0.377 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
November 7, 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 November 15, 2018 to review the
application. Comments were allowed until November 30, 2018. The TEP
provided comments to the applicant on November 15, 2018. The applicant
provided satisfactory responses to the TEP comments on November 26, 2018.
Considering these responses, the TEP is supportive of the application.
Current Circumstances
Key Land Homes is proposing to construct the Meadows of Cleary Lake
development project. Construction of the project will result in 0.377 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 0.754 acre of wetland replacement is required for the project. The
wetland application is included as Attachment 1, a memo from the City’s wetland
consultant is included as Attachment 2, a draft Notice of Decision (NOD) form is
included as Attachment 3, and the TEP comments and applicant responses are
included as Attachment 4.
Key Land Homes 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 at least 0.754 acre.
The project meets the requirements for a replacement plan application and
proposes to replace 0.377 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.
ISSUES: If approved, this replacement plan approval constitutes the final step in the WCA
process before wetland impacts associated with the Meadows of Cleary Lake
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 Meadows of Cleary Lake
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
MEADOWS OF CLEARY LAKE DEVELOPMENT PROJECT
Motion By: Second By:
WHEREAS, The City Council is the Local Governing Unit responsible for permitting under the
Wetland Conservation Act (WCA); and
WHEREAS, The wetland replacement plan avoids unnecessary wetland filling on the project to
the greatest extent possible; and
WHEREAS, Sequencing criteria has been met; and
WHEREAS, The proposed impact is 0.377 acre; and
WHEREAS, A replacement plan to purchase 0.754 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 Meadows at Clear Lake development project is
approved.
Passed and adopted by the Prior Lake City Council this 3rd day of December 2018
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
WENCK File #7285-0002
September 2018
Prepared by:
WENCK Associates, Inc.
1800 Pioneer Creek Center
Maple Plain, MN 55359
Phone: 763-479-4200
Fax: 763-479-4242
Prepared for:
Key Land Homes
[insert company logo if available]
17021 Fish Point Road
Prior Lake, MN 55372
Wetland Replacement Plan:
Meadows of Cleary Lake
Development, Prior Lake
September 2018 1
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Replacement Plan Application_Final.docx
WENCK File #7285-0002
September 2018
Table of Contents
1.0 INTRODUCTION .......................................................................................... 1-1
1.1 Project Need and Purpose .................................................................... 1-1
1.2 Compatibility with Existing Land Use ...................................................... 1-1
2.0 PROJECT DESCRIPTION .............................................................................. 2-1
2.1 Current Site Conditions ........................................................................ 2-1
2.2 On-Site Wetlands ................................................................................ 2-1
2.3 Proposed Project ................................................................................. 2-1
2.4 Proposed Wetland Impact Areas ............................................................ 2-1
2.4.1 Impact Summary .................................................................... 2-2
2.5 MnRAM Assessment ............................................................................. 2-2
3.0 ALTERNATIVES AND SEQUENCING FLEXIBILITY ......................................... 3-1
3.1 Alternatives ........................................................................................ 3-1
3.1.1 No Build ................................................................................. 3-1
3.1.2 Alternative Configuration .......................................................... 3-1
3.2 Sequencing Flexibility .......................................................................... 3-1
3.3 Compensatory Mitigation Plan ............................................................... 3-1
FIGURES
1. Site Location Map
2. 2018 Delineated Wetlands
APPENDICES
A Site Plans
B MnRAM Summary Reports
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1.0 Introduction
The applicant, Key Land Homes, is proposing development of 48 single-family residential
lots on an approximately 20-acre site in Prior Lake, Minnesota. The site is located at 5516
and 5570 180th Street East in Prior Lake, south of Trail Head Lane and east of Cleary Trail
SE (Figure 1). The site was previously a residential lot and rural land used for horse
pasture. Vegetation consists of mixed weedy grasses and forbs consistent with disturbed
land.
1.1 PROJECT NEED AND PURPOSE
The purpose of the project is to provide much-needed options for single family residential
housing in a rural setting within close commuting distance of the Twin Cities. This area is
growing rapidly and the population increase is creating a demand for additional homes. This
need is described in Chapter V of the Scott County 2030 Comprehensive Plan (Plan). The
Plan states that 60,000 to 70,000 acres of platted developable land are need ed to
accommodate anticipated population growth in the coming years. Much of the
unincorporated single family residential areas are located in Spring Lake, Credit River, New
Market, and Cedar Lake Townships. Spring Lake Township, where the project is located, is
one of the main targets for absorbing this growth in housing development.
1.2 COMPATIBILITY WITH EXISTING LAND USE
Both parcels within the site are currently zoned UER, or Urban Expansion Reserve, which
were identified in the Scott County 2030 Comprehensive Plan “for logical future extension of
urban land uses served by public utilities. This zoning district is intended to preserve these
areas of the County in very low rural development densities or clustered residential
developments that may be compatibly integrated with future urban development” (Scott Co.
Zoning Ordinance, 2001). The site will be incorporated into the City of Prior Lake as part of
the platting process. The City of Prior Lake goals for the 2040 Comprehensive Plan indicates
a need for increased housing to capture expanding populations in the area, including an
average housing density of 3.0 units per acre or higher. The proposed use is compatible
with the existing land use within Scott County, but additionally with future land use goals
within the City of Prior Lake once incorporated.
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2.0 Project Description
2.1 CURRENT SITE CONDITIONS
The project would involve the development of a site that has been used mainly as a
homestead with agricultural land. Currently, the site is primarily open land, with two
approximately 10-acre residential parcels each with one single family residence. The site
would be served by three access points: one extending from an existing road stub (Mission
Trail) from the development to the north, one extending from the Prairie Way road stub to
the west, and one access from 180th Street East to the south. Mission Trail and a second
internal street would service the development.
The topography of the site is moderately sloping, highly variable with localized topography
throughout the site.
2.2 ON-SITE WETLANDS
Wetlands were delineated in May 2018 and the boundaries of 2 wetlands were identified on
site. Additionally, a Level 1 desktop wetland investigation was performed to identify the
northern boundaries of Wetlands 1 and 2 on the small outlot parcel at 17744 Mission Trail
since access to those areas was not available at the time of field work. Wetlands 1 and 2
were identified as Type 2, PEM1B wet meadow wetlands. During the TEP review of the Level
I determination, the TEP revised the offsite boundaries of Wetlands 1 and 2 to show that
they are hydrologically connected and thus, are considered one basin. Boundaries of the
new wetland basin are shown in Figure 2 – Approved Wetland Boundaries. The basin is
considered a Type 2, PEM1B wetland.
2.3 PROPOSED PROJECT
The Meadows of Cleary Lake development project would involve the construction of 48
single family residential lots with three associated internal roads. As described above,
Mission Trail will be extended south connecting to 180th Street East and Prairie Way will be
extended toward the east. An additional unnamed interior road will be developed. The 48
lots would be developed on a net area of 19.32 acres, meeting the density needs of the City
of Prior Lake 2040 Comprehensive Plan land use density objectives, which is a minimum of
3 units per acre or higher.
2.4 PROPOSED WETLAND IMPACT AREAS
Areas of proposed wetland impact are depicted in Appendix A – Site Plans. Approximately
0.384 acres, or 16,735 square feet of wetland will be filled. These impacts are necessary for
the construction of two of the 48 proposed residential lots within the development.
Additionally, impacts will be completed to construct stormwater treatment facilities
contained within an outlet within the development. According to the City of Prior Lake, a
portion of the western lobe of the wetland (previously Wetland 2) within the 17744 Mission
Trail parcel was previously mitigated for during the construction of the Enclave at Cleary
Lake, the neighboring residential development, but was never impacted during construction.
Therefore, the Applicant does not propose mitigation for 0.00683 acres of wetland impacts
as it has already been mitigated.
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2.4.1 Impact Summary
The total proposed wetland impact is 16,735 square feet (0.377 acres, less the previously
mitigated impacts). The applicant proposes to replace for wetland impacts through the
purchase of wetland bank credits. A discussion of mitigation is included in Section 3.4
below.
2.5 MNRAM ASSESSMENT
A MnRAM assessment was performed for both wetlands as part of the replacement plan
development. The report results show that each wetland scored an average of 0.10, or Low
Quality. Categories assessed within the MnRAM report included vegetative diversity, which
scored low due to the dominance of invasive species in the wetland vegetation communities.
The MnRAM report is provided in Appendix B.
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3.0 Alternatives and Sequencing Flexibility
3.1 ALTERNATIVES
3.1.1 No Build
One project alternative is the No Build alternative. The No Build alternative does not fulfill
the project purpose, nor does it meet the housing goals of the City of Prior Lake 2030
Comprehensive Plan and future housing density needs. Due to its proximity to existing
residential subdivisions, a future similar project would likely have similar impacts to
wetlands as those proposed.
3.1.2 Alternative Configuration
The access point which triggers proposed wetland impacts (Mission Trail) is dictated by the
Enclave project that was previously constructed. The only way to avoid this proposed impact
would be to eliminate two lots on the south side of the proposed Mission Trail alignment. For
reasons explained in the next section, this alternative is not feasible and practicable based
on the very low quality of the wetland proposed for impact.
3.2 SEQUENCING FLEXIBILITY
The Applicant requests sequencing flexibility under Chapter 8420.0520 Subp. 7a,
Sequencing Flexibility. Wetlands 1 and 2 (now combined, as per TEP guidance) both scored
as low quality based on the MnRAM assessment and have been degraded by past
development. The wetland previously delineated as Wetland 2 was previously significantly
larger and was partially impacted by the Enclave at Clearly Lake development, reducing it to
less than half of its original size. It appears that the wetland basin used to flow to the larger
wetland complex offsite to the north (see Appendix C, Historical Aerials) before the Enclave
project was constructed. The eastern lobe of the basin (former Wetland 1) appears to have
been a historical drainage swale while the property was actively agricultural (see Appendix
C, 1951 and 1997). Construction of the Enclave at Cleary Lake (2006) shows site
disturbance initiated in the northern portion of the delineated wetland. Aerial imagery from
2000 shows most clearly the extent of Wetland 2 prior to impacts from this earlier
development.
Both wetlands are located immediately adjacent to Mission Trail and receive untreated
stormwater from the road and the development. Both wetlands have been hydrologically cut
off and altered from their historical conditions as shown in Appendix C and this would only
be compounded by avoiding impacts for this project. The purchase of mitigation credits
would provide a greater ecosystem function and public value than what currently exists.
3.3 COMPENSATORY MITIGATION PLAN
The Applicant proposes mitigation for proposed wetland impacts at a 2:1 ratio. The
unavoidable wetland impact of 0.377 acres will be replaced through the purchase of 0.754
acres of wetland credits from Wetland Bank Account #1468 in Le Sueur County. This bank is
in the same Major Watershed (#33) and same Bank Service Area (#9) as the project site.
Credit purchase conversations have been initiated with the Bank and a Purchase Agreement
will be provided once complete.
Figures
1. Site Location Map
2. 2018 Delineated Wetlands
T114 R21 S6
T114 R21 S7
T114 R21 S18
T114 R21 S19
T114 R22 S1
T114 R22 S2
T114 R22 S11
T114 R22 S12
T114 R22 S13
T114 R22 S14
T114 R22 S23 T114 R22 S24
KEY LAND HOMES
Site Location Map Figure 1
2,000 0 2,0001,000
Feet ±Path: L:\7285\0002\Site Location.mxd
Date: 7/30/2018 Time: 2:20:35 PM User: WatME0697
AUG 2018
Scott Dakota
Carver
Hennepin
RiceLe Sueur
Project Location
Legend
Project Area
Section Boundary
958958954958956972
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968 9589689
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Approved Delineated Boundaries Figure 2
200 0 200100
Feet ±Path: L:\7285\0002\mxd\Approved Wetland Boundaries.mxd
Date: 9/11/2018 Time: 3:39:24 PM User: WatME0697
2016 Aerial Photograph (Source: MN GEO)
AUG 2018
Legend
Project Area
2-ft Contours (Lidar)
Approved Delineated Boundaries
Appendix A
Site Plans
WETLAND
16,735.89 SQ. SF.
0.38 AC.
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Elev: 957.21
LP: 3+84.32
Elev: 955.43
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949.5TOP BERM:951.0TOP BERM:951.0949.5 EX949.3 EX948.4 EX5+006+00
7+008+009+0010+00LP: 5+91.41
Elev: 957.46
HP: 6+69.09
Elev: 957.87LP: 8+54.89Elev: 955.71HP: 9+18.29Elev: 956.04LP: 10+04.89Elev: 955.18WETLAND IMPACT 16,735.89 SQ. FT
0.38 AC
DATE____________ REG. NO._________
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED ENGINEER UNDER
THE LAWS OF THE STATE OF MINNESOTA.
WETLAND IMPACTS
PRIOR LAKE MINNESOTA
1
1
CO
PM 8-6-18
AS SHOWN
16499.00
PRIOR LAKE, MINNESOTA 55372
17021 FISH POINT ROAD
KEYLAND HOMES
PRIOR LAKE CITY PROJECT #DEV18-0000025
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Elev: 955.43 HP: 10+86.25
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E.O.F.
958.9
E.O.F.
954.2 E.O.F.
954.2
E.O.F.
957.9
956.9
E.O.F.
958.6
959.3959.6960.2962.7965.1967.5969.1964.7964.2961.7960.2959.2957.8963.3972.2
970.4
967.2
965.6
969.2967.2964.7961.8959.7959.5959.5958.4958.0957.6959.0957.5E.O.F.
956.26.5%7.9%7.1%6.9%7.4%7.8%7.9%4.9%7.5%8.0%6.9%6.5%8.3%7.1%
8.1%
7.0%5.3%6.1%7.7%6.3%5.6%6.3%6.0%5.9%5.2%5.2%6.4%7.5%9.0%7.5%6.1%6.6%6.4%6.2%6.3%6.4%6.4%7.4%7.9%5.6%8.2%
7.3%
8.8%
8.5%
7.4%7.1%DW0.7' DROP 0.7' DROP
1.4' DROP1.4' DROP
958 960960958
958
956956
956
960
958 962964966
968
9
7
0
954954
954
954
954
954
956
958 960 96
2 968970956950950948946944942952
950
948
946
944942
940938938940942944946948950952952
950
948
95
2
9
5
0
94
8
94
6
94
4
94
2
94
0
93
8
956
958 958 956
956
958
9
6
0 962964966968970 9729
5
4
9
5
2952952 954 956958956 95695896096296496
4
9
6
2
9
6
0 958956954954 9569589609629
6
2
9
6
0 958958956 9
5
8 9589609629649
6
6
968970
970 972950950
952
954
954
954
956
958
956
962964966
964
9
6
4
9629629589
5
0
952
954
956
958
958 96096
2 9729709
7
2
9
7
0
9649620.7' DROP 0.7' DROP
961.0
960.6
STREET, SIDEWALK &
GRADING DETAILS TO
BE COORDINATED
WITH THE CITY AND
ADJACENT LAND OWNER
EBOX
CBOX
CBOX EBOXCBOX CBOX
P-8957.4
SB-1960.1
SB-2955.7
SB-3952.1
SB-4958.3
SB-5966.3
SB-6963.8
SB-1951.0
SB-2962.9
SB-3955.3
SB-4961.8
SB-5961.7
SB-6962.5
EXISTING RETAINING WALLEXISTING RETAINING WALL952.2 952.2
952.2
952.2
952.2
952.2
953.0
953.0 953.0 953.3 954.0 958.5 960.5
961.8960.8958.8
956.3
953.7953.0953.0
953.0
950.5 950.5 951.5 953.0
955.0 956.4 957.4956.9
953.5952.5952.0953.0954.0953.5952.0950.5950.5
950.5950.5
950.5
957.3
958.8
962.0
963.5
966.0PRAIRIE WAY180TH STREET EASTMISSION TRAIL
STREET ASTREET AE.O.F.952.2958.0 EX
6"
SOL
ID
HDPE6" PERF. HDPE6" PERF. HDPE952.2
E.O.F.
949.5TOP BERM:951.0TOP BERM:951.0949.5 EX949.3 EX948.4 EX14
-0+530+001+002+003+004+005+006+006+610+001+002+003+004+005+006+00
7+008+009+0010+0011+0012+0012+22HP: 0+24.18Elev: 971.78LP: 4+01.54Elev: 963.80HP: 4+83.33Elev: 964.27LP: 5+91.41
Elev: 957.46LP: 8+54.89Elev: 955.71HP: 9+18.29Elev: 956.04LP: 10+04.89Elev: 955.18HP: 6+69.09
Elev: 957.87
959.8
0.7' DROP 1.4' DROP958.5DW
2.1' DROP 0.7' DROP
2.1' DROP
969.1
0.7' DROP
1.4' DROP
0.7' DROP 0.7' DROP 0.7' DROP
0.7' DROP
DW970.0
1.4' DROP
TP-1953.1 TP-2964.5
TP-3960.6
TP-4956.1
TP-5964.3
PROPOSED RETAINING
WALL WITH RAIL
EXISTING UTILITY BOX
TO BE RELOCATED
DATE____________ REG. NO._________
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED ENGINEER UNDER
THE LAWS OF THE STATE OF MINNESOTA.
GRADING PLAN
PRIOR LAKE MINNESOTA
12
19
CO
PM 7/26/2018
1"=50'
16499.00
PRIOR LAKE, MINNESOTA 55372
17021 FISH POINT ROAD
KEYLAND HOMES
BUILDING SETBACKS
FRONT = 25 FEET
SIDE = 10 FEET
REAR = 30 FEET
LOW FLOOR = 2' ABOVE HWL
LOW OPENING = 2' ABOVE EOF
DENOTES LIMITED
BASEMENT
1-3943.0
943.0GARAGE FLOOR
ELEVATION
PROPOSED LOT BLOCK
PROPOSED
GROUND ELEVATION
*SE
HOUSE TYPE
LOWEST ALLOWABLE
FLOOR ELEVATION
4.8%DRIVEWAY SLOPE
939.5
1 6-11-18 PM REVISED STORM SEWER, POND AND FILTRATION BENCH
NOT FOR CONSTRUCTION
PRIOR LAKE CITY PROJECT #DEV18-0000025
RECOMMEND:
1. SUMP PUMPS
2. GUTTERS AND DOWN SPOUTS WITH LONG
SPLASH BLOCKS OR EXTENSIONS DIRECTED
TO THE FRONT OR REAR YARD
2 9-10-18 PM REVISED GRADES
Appendix B
MnRAM Summary Reports
Wetland Functional Assessment SummaryWetland NameMaintenance of Hydrologic RegimeFlood/ Stormwater/ AttenuationDownstreamWaterQuality Maintenance of WetlandWaterQualityShorelineProtectionHydrogeomorphologyWetland NameGround-WaterInteractionMaintenance of Characteristic Wildlife Habitat StructureMaintenance of Characteristic Fish HabitatAesthetics/Recreation/Education/ CulturalCommercial UsesWetlandRestorationPotentialWetland Sensitivity to Stormwaterand Urban Development Additional StormwaterTreatmentNeedsMaintenance of Characteristic Amphibian HabitatAdditional InformationCowardinClassificationWetland Name LocationVegetative Diversity/IntegrityPlantCommunityWetland Community SummaryCircular39 WetlandProportionIndividualCommunityRatingHighestWetlandRatingAverageWetlandRatingWeightedAverageWetlandRatingCommunityDenotes incomplete calculation data. High Moderate Moderate Moderate Not ApplicableExisting inlet from neighboring development; no outlet0.750.660.530.380.00Wetland 1RechargeModerate Not ApplicableLowNot ApplicableNot Applicable ModerateModerateNot Applicable0.440.000.250.000.000.100.380.00Wetland 1PEM1BType 2Fresh (Wet) Meadow1000.10.100.100.10LowLowLowWetland 1LowLowLow1000.100.100.10#Name?Page 1 of 1
Wetland Functional Assessment SummaryWetland NameMaintenance of Hydrologic RegimeFlood/ Stormwater/ AttenuationDownstreamWaterQuality Maintenance of WetlandWaterQualityShorelineProtectionHydrogeomorphologyWetland NameGround-WaterInteractionMaintenance of Characteristic Wildlife Habitat StructureMaintenance of Characteristic Fish HabitatAesthetics/Recreation/Education/ CulturalCommercial UsesWetlandRestorationPotentialWetland Sensitivity to Stormwaterand Urban Development Additional StormwaterTreatmentNeedsMaintenance of Characteristic Amphibian HabitatAdditional InformationCowardinClassificationWetland Name LocationVegetative Diversity/IntegrityPlantCommunityWetland Community SummaryCircular39 WetlandProportionIndividualCommunityRatingHighestWetlandRatingAverageWetlandRatingWeightedAverageWetlandRatingCommunityDenotes incomplete calculation data. Moderate High ModerateLow Not ApplicableDepressional/Isolated (no discernable inlets or outlets)0.650.770.610.260.00Wetland 2RechargeModerate Not ApplicableLowNot ApplicableNot Applicable ModerateLowNot Applicable0.350.000.250.000.000.100.260.00Wetland 2PEM1BType 2Fresh (Wet) Meadow1000.10.100.100.10LowLowLowWetland 2LowLowLow1000.100.100.10#Name?Page 1 of 1
Appendix C
Historical Aerials
Former extent of Wetland 2 before
construction of Enclave of Cleary Lake
development in 2006
Former drainage swale
KEY LAND HOMES
1951 Aerial Photo APP C
200 0 200100
Feet ±Path: L:\7285\0002\mxd\App C Historical Conditions.mxd
Date: 9/11/2018 Time: 3:31:24 PM User: WatME0697
1951 Aerial Photograph (Source: MHAPO)
AUG 2018
Legend
Project Area
Delineated Wetlands
Former extent of Wetland 2 before
construction of Enclave of Cleary Lake
development in 2006
Former drainage swale
KEY LAND HOMES
1991 Aerial Photo APP C
200 0 200100
Feet ±Path: L:\7285\0002\mxd\App C Historical Conditions.mxd
Date: 9/11/2018 Time: 3:32:46 PM User: WatME0697
1991 Aerial Photograph (Source: MnGEO)
AUG 2018
Legend
Project Area
Delineated Wetlands
Former extent of Wetland 2 before
construction of Enclave of Cleary Lake
development in 2006
Former drainage swale
KEY LAND HOMES
1997 Aerial Photo APP C
200 0 200100
Feet ±Path: L:\7285\0002\mxd\App C Historical Conditions.mxd
Date: 9/11/2018 Time: 3:32:19 PM User: WatME0697
1997 Aerial Photograph (Source:FSA)
AUG 2018
Legend
Project Area
Delineated Wetlands
Former extent of Wetland 2 before
construction of Enclave of Cleary Lake
development in 2006
Former drainage swale
KEY LAND HOMES
2000 Aerial Photo APP C
200 0 200100
Feet ±Path: L:\7285\0002\mxd\App C Historical Conditions.mxd
Date: 9/11/2018 Time: 3:33:25 PM User: WatME0697
2000 Aerial Photograph (Source: MnGEO)
AUG 2018
Legend
Project Area
Delineated Wetlands
Former extent of Wetland 2 before
construction of Enclave of Cleary Lake
development in 2006
Former drainage swale
KEY LAND HOMES
2006 Aerial Photo APP C
200 0 200100
Feet ±Path: L:\7285\0002\mxd\App C Historical Conditions.mxd
Date: 9/11/2018 Time: 3:34:19 PM User: WatME0697
2006 Aerial Photograph (Source: MnGEO)
AUG 2018
Legend
Project Area
Delineated Wetlands
Former extent of Wetland 2 before
construction of Enclave of Cleary Lake
development in 2006
Former drainage swale
KEY LAND HOMES
2010 Aerial Photo APP C
200 0 200100
Feet ±Path: L:\7285\0002\mxd\App C Historical Conditions.mxd
Date: 9/11/2018 Time: 3:35:05 PM User: WatME0697
2010 Aerial Photograph (Source: MnGEO)
AUG 2018
Legend
Project Area
Delineated Wetlands
Toll Free: 800-472-2232 Email: wenckmp@wenck.com Web: wenck.com
S:\Water Resources\WCA\WCA Sites\Meadows of Cleary Lake\181203 City Council Materials\Meadows of Cleary Lake
WCA Attach2.docx 540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737.4660 | WSBENG.COM Memorandum
To: Honorable Mayor Briggs and Prior Lake City Council Members
From: Alison Harwood, WSB
CC: Pete Young, City of Prior Lake
Date: November 27, 2018
Re: Meadows of Clearly Lake Development – Wetland Replacement Plan (No. 12921)
WSB Project No. 12921-000
Key Land Homes is proposing to develop approximately 20 acres in Prior Lake into a 48-lot, residential development. The
proposed project will include site grading for residential development infrastructure, including roads, utilities, and building
pads. Construction is scheduled to begin in 2018 and continue until development is fully built. The project proposes to
impact 0.377 acres of wetland
Project wetland impacts will be replaced via purchase of credits from wetland bank 1468, located in Le Sueur County,
Watershed No. 33, Bank Service Area 9. No wetland credits are currently available in Scott County. Wetlands will be
replaced at a 2:1 ratio, for a total replacement of 0.754 acre.
The application was noticed to the Wetland Conservation Act Technical Evaluation Panel (TEP) on November 7, 2018.
The TEP met to review the application on November 15, 2018. The TEP provided comments to the applicant regarding
the avoidance and minimization measures presented in the application. The applicant provided responses to the
comments on November 26, 2018. The TEP reviewed the responses and was ultimately supportive of the 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 Meadows at Clearly Lake development. As a condition of the
approval, the applicant will be required to submit a fully-executed Withdrawal of Wetland Credits form to the LGU and
BWSR, documenting the withdrawal of 0.754 acre of wetland credit from Bank No. 1468. 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 SE
Prior Lake, MN 55372
1. PROJECT INFORMATION
Applicant Name
Key Land Homes
c/o Gary Horkey or Rod Just
17021 Fish Point Road
Prior Lake, MN 55372
phone: 952-440-9400
email: ghorkey@msn.com
rod.just@keylandhomes.com
Project Name
Meadows of Clearly Lake
Date of
Application
10/3/2018 –
Incomplete
10/22/2018 -
Complete
Application
Number
12921-000
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 November 15, 2018. The TEP had comments regarding the avoidance and
minimization provided in the application. Comments were provided to the applicant on November 15,
2018. Responses were provided on November 26, 2018 and were determined to be satisfactory by the
TEP.
2. LOCAL GOVERNMENT UNIT DECISION
Date of Decision: December 3, 2018
Approved Approved with conditions (include below) Denied
LGU Findings and Conclusions (attach additional sheets as necessary):
Key Land Homes is proposing to develop approximately 20 acres located in Section 12, Township 114N,
Range 22W in Prior Lake into a 48-lot, residential development. The proposed project will include site
grading for residential development infrastructure, including roads, utilities, and building pads.
Construction is scheduled to begin in 2018 and continue until the development is fully built. The project
proposes to impact 0.377 acres of wetland.
The TEP reviewed the project on November 15, 2018 and provided comments to the applicant regarding
the avoidance and minimization presented in the application. The applicant provided responses on
November 26, 2018. Comments were determined to be satisfactory.
Replacement for the 0.377 acre of wetland impact will be via purchase of credits from wetland bank 1468,
located in Le Sueur County. Wetlands will be replaced at a 2:1 ratio, for a total replacement of 0.754 acre.
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
12/3/2018
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 SE
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 #
1468
Bank Service Area
9
County
Le Sueur
Credits Approved for Withdrawal
(sq. ft. or nearest .01 acre)
0.754 acre
BWSR Forms 7-1-10 Page 3
of 4
4. LIST OF ADDRESSEES
SWCD TEP member: Troy Kuphal
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): Paul Nelson, Scott WMO
Applicant and Landowner (if different) Gary Horkey & Rod Just, Keyland Homes
Members of the public who requested notice: Meaghan Watson, Wenck Associates; Chris
Ockwig, Probe Engineering
Corps of Engineers Project Manager:
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:
Approved Impact Figure
Technical
Memo
Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming
Toll Free 800-472-2232 Web wenck.com
To: Alison Harwood and Pete Young, City of Prior Lake
From: Meaghan Watson, Wenck Associates, Inc.
Copy: Chris Ockwig, Probe Engineering; Gary Horkey, Key Land Homes
Date: November 26, 2018
Subject: Meadows of Cleary Lake Response to TEP Comments from 11/15/2018
The following information is a response to comments received from the Meadows of Cleary
Lake TEP which occurred November 15, 2018. The comments were as follows:
1. The TEP does not agree that the wetlands have been degraded to the point that they
qualify for Sequencing Flexibility. As such, the alternative configuration design needs
to be more fully described.
2. Provide a No Impact alternative – this is different from the No Build in that it should
be an alternative that would allow development without impact to the wetland area.
It appears that this could be accomplished by removing the 2 lots south of Mission
Trail and reconfigure the stormwater pond to fit within the lobe of the wetland and
then provide an overflow to maintain hydrology. If this is not feasible, document
why.
3. The Alternative Configuration notes that the proposed wetland impacts are dictated
by the existing access point and construction of Mission Trai l. Based on the review of
the plans, it appears that the impacts are not from the roadway/access, but rather
from fill for two housing pads and construction of the stormwater pond. As noted in
comment #2, please provide additional justification as to why removal of these lots
and reconfiguration of the ponding is not feasible.
Item 1 – Design Considerations
1. The Ponding/filtration area shown on the plan is a required feature of the site to
meet City, Scott WMO and MNPCA storm water requirements. The design layout of
the development is largely dictated by the access points and stub streets that limit
the interior road design. The connections to Mission Trail on the north, Prairie Way in
the southwest and Mission Trail connection to 180th Street on the south are all
required by the City as a condition of approval. Additionally, the 2 stub streets to
the east are required by the City as a condition of approval. Internal street
configuration limits flexibility for alternative configuration of design. Moving interior
streets would not provide for an efficient lot layout given the constraints of the stub
streets, and therefore the design layout and lot locations are largely dependent on
this restriction.
2. The City and Scott WMO have a 25 ft “No Impact” Buffer requirement around the
wetland as it scored low quality on the MnRAM. “No Impact” buffer requirement
extends the no impact zone out to 25 ft beyond the wetland perimeter. This would
further limit the area of developable upland in which to place the pond, which would
create further challenges in lot layout for the project to be viable.
City of Prior Lake Meadows of Cleary Lake Response to TEP Comments
2
V:\Technical\7285 Key Land Homes\0002 Meadows of Cleary Lake Impact Permitting\Response to TEP Comments 11-26-2018\Meadows of Cleary Lake Response to TEP Comments 11-
26-2018 FINAL.docx
3. The wetland has 2 lobes protruding to the south, both of which creep upslope of the
main basin area. These two lobes make an avoidance design challenging to
impossible without the loss of lots. As the MnRAM score for this wetland basin is low
quality, there is no reasonable, economically achievable avoidance design that is a
logical option given the low quality of the wetland basin. This is further discussed in
Item 2.
4. Lowest allowable floor elevations of proposed houses are a minimum of 2 ft above
the Pond HWL. Lowest allowable openings of proposed houses are 2 ft above
emergency overflows.
Item 2 - No Impact Analysis
In a No Impact scenario, the pond/filtration area would be moved south of the wetland and
extend south to Street A. To keep the hydrology to the wetland, the pond outlet would be
built near the southerly tip of the easterly lobe. The pond outlet would have to be set at
about 952’ in order to discharge into the wetland at this point and maintain wetland
hydrology. This is 4 ft higher than the currently proposed pond outlet elevation of 948’.
This higher pond outlet elevation requires higher storm sewer elevations, which in turn
require higher street and rear yard grades which in turn require higher house elevations.
This alternative results in cascading impacts throughout the site and a majority portion of
the site would need to be raised requiring import of fill material.
This wetland basin is dominated by invasive vegetation and scored out as low-quality in the
MnRAM analysis. The practicality of avoiding this wetland, given its low quality, is not logical
given the significant economic impact of avoidance. With a No-Build scenario, if the overall
site components were not raised 4 ft to allow for the pond to drain into the existing basin,
grading and development around it would severely constrain the wetland’s surface
hydrology, further degrading it and possibly rendering it non-wetland, therefore resulting in
an indirect impact.
A swale would be graded in order to direct surface water to the westerly lobe of the wetland
to maintain hydrology. The existing grade in this location of the no impact zone is about
956’ elevation. This would result in the rear yards of Lots 7 through 13 of Block 6 having to
be raised about 8-10 feet (depending on the final design of swales and storm sewer). This in
turn will require a berm along the west plat line adjacent to the existing houses of about the
same height in order keep the project’s drainage contained and directed toward the
westerly lobe of the wetland. The berm would use up the majority of back yard space,
making the lots much less marketable and likely drawing significant opposition from existing
adjacent homeowners. This alternative also raises serious economic concerns in light of
wetland quality as previously discussed.
The result of a no-impact scenario are as follows:
1. The loss of 7 lots, Lot 1 Block 7, and Lots 1 through 6 of Block 6. This would constitute
a loss of 14.5% of the total lots being proposed which would no longer fulfill the project
purpose or the residential development goals for this area.
2. The significant additional expenditure for importing soil to raise a significant portion of
the site would also render the project purpose untenable.
City of Prior Lake Meadows of Cleary Lake Response to TEP Comments
3
V:\Technical\7285 Key Land Homes\0002 Meadows of Cleary Lake Impact Permitting\Response to TEP Comments 11-26-2018\Meadows of Cleary Lake Response to TEP Comments 11-
26-2018 FINAL.docx
3. There would be minor offsets in that we would not have to construct sanitary sewer and
water services for 6 of the 7 lots. However, these savings pale in comparison to the
expenditures that would be required to perform the work described in Items 1 and 2.
Item 3 - Configuration Justification (Minimization)
To keep the hydrology to the wetland, the pond would have to outlet to the southernmost
part of the eastern wetland lobe. The pond outlet would have to be set at about 952’ in
order to discharge into the wetland at this point. This is 4 ft higher than the currently
proposed pond outlet elevation of 948’. An alternative configuration that would remove Lots
1 and 2 would minimize direct wetland impacts but would result in similar issues as with the
No-Impact scenario. The pond would have to be raised in order to maintain hydrology to the
wetland, which would result in cascading impacts throughout the site, including raising
street and yard grades. Otherwise, the eastern lobe of the wetland would be hydrologically
constricted, as it outlets at its northern point across Trailhead Lane SE. Reconfiguring the
site design by removing Lots 1 and 2 would still result in an indirect impact to the eastern
lobe of the wetland, as it would remove surface hydrology.
Overall, it is simply not feasible and prudent to avoid a relatively small impact to a degraded
wetland. Such a plan does not fulfill the development needs of the area and it renders the
project untenable. As stated in the initial submittal, it is anticipated that Scott County will
require 60,000 to 70,000 acres of platted developable land to accommodate the anticipated
population growth in the coming years. If this project is not completed at this site, whi ch is
zoned for the proposed use, another project will eventually be proposed which is likely to
have similar wetland impacts.