HomeMy WebLinkAbout5F - Wetland Plan for Ring Road
CITY COUNCIL AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
APRIL 7, 2003
SF
SUE MCDERMOTT, CITY ENGINEER
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE
WETLAND REPLACEMENT PLAN FOR RING ROAD PHASE 2
AND 3 (CITY PROJECTS #01-01 AND #02-06).
DISCUSSION:
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.
Current Circumstances
As part of the Ring Road Phase 2 and 3 projects, approval of a
wetland replacement plan is required. The City is proposing to use
a combination of on-site mitigation and the BWSR (Board of Water
and Soil Resources) Road Replacement Program to comply with the
Minnesota Wetland Conservation Act.
The final design calls for 1.046 acres of wetland impact of which
approximately 0.71 acres is associated with the Regional Pond and
0.336 acres is associated with the road improvements. A portion,
1.06 acres, is proposed to be replaced on-site. Approximately 1.07
acres is proposed to be obtained through the BWSR's Road
Replacement Program. The proposal meets the mitigation and
sequencing criteria. No comments were received during the
comment period.
16200~~~9~iI$r~?~<t<ake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Attached is a memorandum from Andi Moffatt of WSB & Assoc. who
has been acting as the City's representative on wetland issues. The
memorandum outlines quantities of fill and mitigation credits.
Conclusion
Staff recommends that the Council approve the Wetland
Replacement Plan for Ring Road, Phase 2 and 3 as part of the
consent agenda.
ALTERNATIVES:
The alternatives are as follows:
1. Adopt the attached resolution that approves the Wetland
Replacement plan for Ring Road, Phase 2 and 3.
2. Deny this item for a specific reason and provide staff with
direction.
3. Table this item for specific reason.
RECOMMENDED
MOTION:
A motion and second to adopt Resolution 03-XX approving the
wetland replacement plan for Ring Road Phase 2 and 3 (City Project
Nos. 01-01 and 02-06).
REVIEWED BY:
RESOLUTION 03-XX
RESOLUTION APPROVING THE
WETLAND REPLACEMENT PLAN
FOR RING ROAD PHASE 2 AND 3
CITY PROJECT NOS. 01-01 AND 02-06
MOTION:
SECONDED:
WHEREAS, City projects must comply with the Wetland Conservation Act of 1991;
and
WHEREAS, the City has prepared plans for Phase 2 and Phase 3 of the Ring Road
that avoid unnecessary wetland impacts on the project to the greatest
extent possible; and
WHEREAS, the City's construction of Phase 2 and Phase 3 of the Ring Road projects
requires the development of a wetland replacement plan; and
WHEREAS, sequencing criteria as required by the Wetland Conservation Act has
been met; and
WHEREAS, 1.046 acres of varying types wetland are to be filled and replaced using a
combination of 1.06 acres of on-site mitigation and 1.072 acres through
the BWSR (Board of Water and Soil Resources) Road Replacement
Program; and
WHEREAS, no comments were received during the 3D-day comment period required
by the Wetland Conservation Act regarding the proposed wetland
alteration permit application.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
that
1. The recitals set forth above are incorporated herein.
2. The Wetland Replacement Plan for Ring Road, Phases 2 and 3 is approved.
Passed and adopted this ih day of April, 2003.
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City of Prior Lake
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AN EQUAL OPPORTUNITY EMPLOYER
Memorandum
To:
Bud Osmundson, P.E.
Sue McDermott, P.E.
City of Prior Lake
From:
Andi Moffatt, Biologist, WSB & Associates, Inc.
Date:
March 31, 2003
Re:
Wetland Replacement Application
Phase 2: Ring Road and Regional Pond
Phase 3: CSAH 23/ TH13/ Ring Road
WSB Project No. 1283-03
Attached, please find a draft Notice of Decision and Findings of Fact in conformance with
the Wetland Conservation Act (WCA) for the wetland replacement application for Phase 2:
Ring Road and Regional Pond and Phase 3: CSAH 23/TH13 project in the City of Prior
Lake. The City is the Local Government Unit for the WCA and therefore needs to make a
decision on the application. Outlined below, please find additional information about the
project:
1. The project includes 1.046 acres of wetland impact. Approximately 0.71 acres of
this impact is associated with the Regional Pond and 0.336 acres of this impact is
associated with the road improvements.
2. Mitigation is proposed through a combination of on-site mitigation and the use of
the BWSR Road Replacement Program. The on-site mitigation will provide 0.64
acres ofNWC and 0.42 acres ofPVC to replace the impacts associated with the
storm water ponding required by adjacent development. The BWSR replacement
will provide 0.536 acres ofNWC and 0.536 acres ofPVC for impacts associated
with the storm water ponding required for the road and for the wetland impacts
associated with the road.
3. The portion of this project associated with the road improvements and storm
water ponding for the road improvements is eligible for BWSR replacement
since the project is being undertaken to improve safety within the corridor.
4. The City sent out the wetland replacement plan application for the required 30-
day review period on February 24,2003. The 30-day comment period ended on
March 28,2003. The application was also sent out the DNR, US Corps of
Engineers, the PLSL WD, and other required review agencies for comment and
permits. To date, no official comments have been received.
It is therefore recommended that the City approve the wetland replacement plan based on
the above discussion and the attached Findings and Conclusions. Once the City Council
G:\PROJECTS\2002\06fivehawks-23-13\032803bo-sm.doc
March 31, 2003
Page 2 of2
takes action on this application, we will send out the attached Notice of Wetland
Conservation Act Decision on behalf of the City. If you have any questions, please feel free
to call me at (763)287-7196.
attachments
c. Jupe Hale, WSB & Associates, Inc.
Dave Hutton, WSB & Associates, Inc.
G: IPROJECTSI2002\06fivehawks-23-13\032803bo-sm.doc
NOTICE OF WETLAND CONSERVATION ACT DECISION
LGU: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
Name of applicant: City of Prior Lake. Bud Osmundson
Project name: Phase 2 - Ring Road Regional Pond: Phase 3 - CSAH 23/TH13/ Ring Road
Improvements
Type of application:
D Exemption
X Replacement plan
DNo loss
X Banking plan
Location of project: Scott County: Section 2 and 11. T114N. R22W
Date of decision:
Type of decision:
X Approve
Approve with conditions (conditions listed below)
D Deny
Summary of project: Phase 2: Phase 2 includes safety upgrades to a portion of Ring Road, including
paving the gravel road. This project also includes excavation of 0.71 acres of a Type 2 degraded wetland
for purposes of providing regional storm water treatment for the road improvements and commercial
development in the area.
Phase 3: Phase 3 includes road improvements to CSAH 23/ TH13 and the remainder of Ring Road and
its connection to 170th Street to improve safety of the intersection ofthese four roads. The road impacts
are anticipated to impact 0.336 acres of wetland. (Please note that there was a typo in the Notice of
Application that stated 0.592 acres. The correct impact is 0.336 acres). This portion of the project also
includes on-site mitigation for impacts associated with the regional pond in Phase 2. The remainder of
the impact is proposed to be mitigated through the BWSR Road Replacement Program. A summary of
the impacts and mitigation is provided in the Findings and Conclusions.
List of Addressees:
Ms. Lynda Peterson Mr. Pete Beckius
Board of Water and Soil Resources Scott Soil and Water Conservation District
One West Water Street - Suite 200 7151 W 1901hSt-Suite 125
St. Paul, MN 55107 Jordan, MN 55352
Mr. Wayne Barstad DNR Wetland Coordinator
DNR - Ecological Services Division Ecological Services Section
1200 Warner Road 500 Lafayette Road, Box 25
St. Paul, MN 55106 St. Paul, MN 55155
Ms. Christina Carballal Mr. Paul Nelson
US Corps of Engineers Prior Lake-Spring Lake Watershed District
Attn: CO-R 190 Fifth Street E 16670 Franklin Trail- Suite 110
St. Paul, MN 55101 Prior Lake, MN 55372
Mr. Pat Lynch BWSR Wetland Banking Coordinator
DNR Waters Board of Water and Soil Resources
1200 Warner Road One West Water Street - Suite 200
St. Paul, MN 55106 St. Paul, MN 55107
G: IPROJECTSI2002 \06jivehawks-23-13 \NOTICE OF WETLAND CONSER VA TION ACT DECISION. doc
You are hereby notified that the decision of the Local Government Unit on the above-
referenced application was made on the date stated above. A copy of the Local Government
Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the
decision must be commended by mailing a petition for appeal to the Minnesota Board of Water
and Soil Resources within thirty (30) days ofthe date of the mailing of this Notice:
Date of mailing of this notice:
City of Prior Lake, Minnesota
By:
Title:
G:\PROJECTS\2002106jivehawks-23-13\NOTICE OF WETLAND CONSERVATION ACT DECISION. doc
WETLAND CONSERVATION ACT DETERMINATION
FINDINGS AND CONCLUSIONS
LGU : City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
Name of Applicant: City of Prior Lake. Bud Osmundson
Project name: Phase 2 - Ring Road Regional Pond: Phase 3 - CSAH 23/TH13/ Ring
Road Improvements
The wetland replacement plan for the above referenced project was approved by the Prior Lake
City Council on based on the findings and conclusions outlined below.
It has been determined that wetland impacts have been avoided, minimized, rectified, and
reduced to the greatest extent reasonable based on site constraints within the project area. For
those impacts that could not be avoided, the proposed wetland replacement plan includes the
following impact and mitigation plans:
Amount of
Impact (acres)
0.20
Amount of Amount of
Mitigation BWSR
Provided On-site Mitigation to be
(acres Obtained acres
0 0 NA NA 0.20 0.20
0.51 0.51 NA NA NA NA
0.51
Wetland 1 0.003 NA NA NA NA 0.003 0.003
Wetland 3 0.119 NA NA NA NA 0.119 0.119
Wetland 4 0.198 NA NA NA NA 0.198 0.198
Wetland 5 0.016 NA NA NA NA 0.016 0.016
Mitigation Site #1 NA NA NA 0.43 0.16 NA NA
Totals 1.046 0.51 0.51 0.64 0.42 0.536 0.536
The submitted application is approved based on the following conditions:
1. The WCA Deed Forms or conservation easement are filed within the County for the
wetland mitigation site and buffer following completion of the construction.
2. The City will prepare mitigation area monitoring reports yearly for five years
beginning the first growing season ofthe mitigation area.
Qualified by the above conditions, the wetland replacement plan has been determined to offset
the wetland impacts and fully complies with the Wetland Conservation Act.
G: \PROJECTS\2002\06fivehawks-23-13\ WCADecisionFindingsConclusions.doc