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HomeMy WebLinkAbout9C - Shepherd's Path MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MARCH 6, 2006 9C ROSS BINTNER, WATER RESOURCES ENGINEER CONSIDER APPROVAL OF A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR SHEPHERD'S PATH (CITY PROJECT NO. 05- 116). Introduction The purpose of this agenda item is to approve the Wetland Replacement Plan for Shepherd's Path in accordance with the Wetland Conservation Act. Historv 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. Current Circumstances The Shepherd's Path project wetland replacement plan application proposes to impact 5,273 square feet of wetland. The WCA requires wetland mitigation of 10,546 square feet for this project. Mitigation of these impacts is proposed by creation of new wetland and Public Value Credits on-site. The total proposed wetland mitigation is 12,131 square feet, which exceeds WCA requirements for this project. The WCA Technical Evaluation Panel (TEP) reviewed the proposed impacts and mitigation and supports impact and mitigation. The complete wetland replacement plan application was received on January 19, 2006. The comment period was completed on February 10, 2006, for the project with no written comments received. Attached is a copy of the TEP "Findings and Conclusions" for this project, which is the basis for the staff recommendation. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 Conclusion Staff recommends that the Council approve the Wetland Replacement Plan for the Shepherd's Path Project. ISSUES: The initial proposal by the developer was not deemed to have demonstrated a good faith effort to avoid or minimize wetland impacts as intended by the Act. A subsequent application was submitted which avoided impact to one wetland which was impacted in the first application and reduced total wetland impacts from the original 24,093 sq. ft. to 5,273 sq. ft. The impacted areas are severely degraded wetlands. Remaining impacts were due to the roadway, sidewalks and utilities for the realigned McKenna Road. In light of the above factors, the Technical Evaluation Panel concluded that the wetland replacement plan was in accordance with the Act. ALTERNATIVES: The alternatives are as follows: 1. Adopt the attached resolution that approves the Wetland Replacement plan for the Shepherd's Path Project. 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item for a specific reason. RECOMMENDED MOTION: Alternative #1 . ReVi~1w . L Frank Boyles, CirMa ag r 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 06-xx A RESOLUTION TO APPROVE THE WETLAND REPLACEMENT PLAN FOR THE SHEPHERD'S PATH DEVELOPMENT Motion By: Second By: WHEREAS, the applicant has prepared plans that avoid unnecessary wetland filling on the project to the greatest extent possible; and WHEREAS, sequencing criteria has been met; and WHEREAS, the proposed impact is 5,273 square feet in a Type 1 wetland on-site. WHEREAS, mitigation is proposed to meet or exceed the WCA required ratio of 1: 1 New Wetland Credit and 1: 1 Public Value Credits to acres impacted. WHEREAS, the mitigation plan is in accordance with the Wetland Conservation Act and City of Prior Lake ordinances. 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 Shepherd's Path is hereby approved. PASSED AND ADOPTED THIS 6TH DAY OF MARCH 2006. Haugen Haugen Dornbush Dornbush Erickson Erickson LeMair LeMair Millar Millar YES NO Frank Boyles, City Manager " - - www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 ~ WSB & Associates, Inc. Infrastructure . Engineering . Planning . Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Memorandum From: To: Honorable Mayor and City Council, City of Prior Lake Terrance Jeffery, WSB & AssoeWes, Inc. r i: j<"J Date: February 10, 2006 FEB 1 3 2006 Re: WCA Replacement Plan Decision Shepard of the Lake Lutheran Church City of Prior Lake, MN WSB No. 1430-101 Attached, please find the Wetland Conservation Act (WCA) decision documents for the Shepherds Path. Details ofthis project are outlined below: . First submittal was received by Prior Lake on September 19, 2005. . A Technical Evaluation Panel (TEP) was held on October 19, 2005. It was the conclusion of the TEP that the sequencing requirements of the Wetland Conservation ActyV'erenot met as the applicant had not made a good faith effort to avoid or minimize wetland impacts to the greatest extent practicable. The application was considered incomplete and the applicant was asked to resubmit. : . On January 19, 2006 a subsequently revised submittal was received by the City of Prior Lake. The comment period ended on February 10, 2006. . All impacts to Wetland #3, a Type 3 wetland adjacent to a DNR Public, werc avoidcd. Total wetland impacts were reduced from 24,093 square feet to 5,273 square feet. All impacts are to a Typt: 1 wetland that has been severely degraded due to agriculturalla..'1d use and the basins proximity to McKenna Road. . The remaining wetland impacts were deemed necessary to allow for the alignment of McKenna Road, the associated sidewalk, and the placement of utilities. . Mitigation is to occur on site at a ratio that exceeds the 2: 1 required by WCA for this area. The mitigation is a combination of wetland restoration, new wetland creation and wetland buffer establishment and preservation. . If not already issued, a negative declaration must be issued for the EA W prior to approval of the replacement plan. Based on the above information and the Findings and Conclusions, we recommend that the City approve this WCA Replacement Plan Application. If you have any questions, please feel free to contact me at (763)287-8537. Minneapolis. St. Cloud Equal Opportunity Employer K: 10/ 430-/ O/lAt/min1DocsIMEMO _HMCC _ 02/006,<loc Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision/Findings and Conclusions Name and Address of Local Government Unit: City of Prior Lake. 16200 Eagle Creek A venue SE. Prior Lake. MN 55372 Name of Applicant: Sheoard of the Lake Lutheran Church - Kermit Mahlum Project Name: Sheoards Path Type of Application (check one): D Exemption Decision D No Loss Decision ~ Replacement Plan Decision D Banking Plan Decision D Wetland TypelBoundary Decision Date of Decision: January 20,2006 Check One: 0 Approved ~ Approved with conditions o Denied Summary ofProject/Findings and Conclusions (indicate exemption number per MN Rule 8420.0122, if applicable): A Technical Evaluation Panel (TEP) meeting was held October 19,2005. At this meeting, the TEP concluded that the sequencing argument was incomplete for this project and, therefore, the application was incomplete. Specifically, the TEP was not convinced that all efforts to minimize and avoid wetland impacts were considered in designing the plan and asked the applicant to look at other ways of minimizing or avoiding the two impacts which totaled 24,093 square feet. The applicant revised their site plan taking into consideration the TEP comments. A revised site plan and application was submitted on January 19, 2006 to the City of Prior Lake. This submittal avoided the 24,093 square feet of impact to Wetland #3 as identified on the site plan. The alignment of McKenna Road, the associated utilities and placement of a sidewalk will result in 5,273 square feet of Type 1 (pEMAf) wetland identified as Basin #7 on the plan submittal. Other alignments and specifications were investigated but the proposed alignment was deemed most consistent with existing site constraints. Mitigation is proposed to take place through a combination of restoration and new wetland creation as well as PVC for adjacent buffer area. The applicant proposes to create 5,354 square feet of Type 3 wetland and vegetatively restore 5 the existing wetland which totals 5,690 square feet. This will be credit at 25% for a total of 1,423 square feet. The remaining mitigation is to be derived from public value credit granted to the permanently vegetated buffer adjacent to the newly Page I of3 K:IO/430- /01 IAdmilllDocslWCA DecisiollFilldillCSCOllclllSiollS _02/006.doc created wetland. This buffer area will total 8,102 square feet of which 5,354 square feet will be applied as mitigation. The following table summarizes the impacts and mitigation associated with this project. Square Feet Pennanent Wetland Fill 5,273 Total Impact 5.273 New Wetland Credits New Wetland Creation 5,354 Public Value Credits Vegetative Restoration 1,423 Wetland Buffer '8,102 (5,354)- Total Miti2ation Provided 12.131 .- Total Miti2ation Required (WCA) 10.546 The application is considered complete and efforts were taken to minimize the wetland impacts to the greatest extent practicable meeting the sequencing requirements ofWCA. Onsite mitigation is provided for at a ratio that meets or exceeds WCA requirements. We recommend approval of the wetland replacement plan with the following conditions. 1. The WCA Deed Fonns are filed with the County, as required. 2. Electronic recording of the mitigation area as-built drawing is supplied to the City of Prior Lake or their representative in a format compatible with AutoCADTM or ArcMAPTM so that the LGU may record wetland resources within their jurisdictional authority. List of Addressees: Mr. Les Lemm Mr. Pete Beckius Board of Water and Soil Resources Scott County SWCD One West Water Street - Suite 200 7151 W. 190111 Street, Suite 125 St. Paul, MN 55107 Jordan, MN 55352 Mr. Wayne Barstad DNR Wetland Coordinator DNR - Ecological Services Division Ecological Services Section 1200 Warner Road 500 Lafayette Road, Box 25 81. Paul, MN 55106 S1. PauL MN 55155 Ms. Christina Carballal Ms. Shannon Lotthammer US Corps of Engineers Prior Lake-Spring Lake Watershed District Attn: CO-R 190 Fifth Street E 15815 Franklin Trail SE St. Paul, MN 55101 Prior Lake, MN 553727 Mr. Pat Lynch Mr. Kermit Mahlum DNR Waters Shepard of the Lake Lutheran Church 1200 Wamer Road 13760 McKenna Road S1. Paul, MN 55106 Prior Lake, MN 55439 Mr. Ben Hodapp Mr. Ross Hintner Applied Environmental Services City of Prior Lake 13805 First Avenue North 16200 Eagle Creek Avenue SE Plymouth, MN 55441 Prior Lake, MN 55372 Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for Page 2 of3 K:IO/430- /O/lAdmi/llDocsIWCA Decislo/lFilldi/lgsCollclllsioll' _02 JlXJ6,doc appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking credits is conditional upon withdrawal of the appropriate credits from the state wetland ban.le No wetland impacts may commence until the applicant receives a copy of the fully signed and executed "Application for Withdrawal of Wetland Credits," signed by the BWSR wetland bank administrator certifying that the wetland bank credits have been debited. THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. LOCAL GOVERNMENT UNIT Signature Date Ross Bintner. Water Resource Engineer Name and Title Page 3 of3 K:10/430- JO llAdmill\DocrlWCA Decisiol/Fil/dil/gsCoIlClusiorlS _02 lOO6,doc