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HomeMy WebLinkAbout06(E) - Parkhaven Wetland Replacement Plan Report Project Name and/or Number: Parkhaven at Pike Lake (Permit Amendment) Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 6 Joint Application Form for Activities Affecting Water Resources in Minnesota 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. Project Name: Parkhaven at Pike Lake (Permit Amendment) Applicant/Landowner Name: Parkhaven Holdings LLC; Attn: Michael Johander Mailing Address: 245 West Point Road, Tonka Bay, MN 55331 Phone: (612) 644-2654 E-mail Address: mike@johander.net Authorized Contact (do not complete if same as above): Rob Bouta, Kjolhaug Environmental Services Co. Mailing Address: 2500 Shadywood Road, Suite 130, Orono, MN 55331 Phone: (952) 401-8757 Ext 5 E-mail Address: RobB@kjolhaugenv.com Agent Name: Rob Bouta, Kjolhaug Environmental Services Co. Mailing Address: 2500 Shadywood Road, Suite 130, Orono, MN 55331 Phone: (952) 401-8757 Ext 5 E-mail Address: RobB@kjolhaugenv.com PART TWO: Site Location Information County: Scott County City/Township: City of Prior Lake Parcel ID and/or Address: PIDs: 259230091, 259230070, 259230040 Address: 4230 140th Street NE, Prior Lake, MN 55372 Legal Description (Section, Township, Range): SW ¼ of Section 23, Township 115 North, Range 22 West Lat/Long (decimal degrees): 44.751061, -93.436154 Attach a map showing the location of the site in relation to local streets, roads, highways. See attached Figure 1. Approximate size of site (acres) or if a linear project, length (feet): 44.61 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. See attached Wetland Permit Application narrative. Project Name and/or Number: Parkhaven at Pike Lake (Permit Amendment) Minnesota Interagency Water Resource Application Form February 2014 Page 2 of 6 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 (acres) Overall Size of Aquatic Resource 3 (acres) Existing Plant Community Type(s) in Impact Area4 County, Watershed, & Bank Service Area 5 Wetland A Wetland Fill P 0.0236 0.35 Bottomland hardwoods Scott County; Watershed 33 (Minnesota River, Shakopee); BSA 9 Excavate/Restore P 0.3236 Wetland B Wetland None NA 0.0000 0.01 Seasonally flooded basin Wetland C Wetland Fill P 0.0126 0.10 Wet meadow Wetland D Wetland Fill P 0.0461 0.42 Wet meadow Wetland E Wetland Fill P 0.0147 0.74 Wet meadow Wetland F Wetland Fill P 0.1222 0.45 Wet meadow Wetland G Wetland Fill P 0.0507 0.10 Wet meadow Subtotal Fill 0.2699 2.69 DNR Watercourse Tributary Fill – Rd A x-ing P 0.0909 0.52 NA, Open channel Exc – Outfall A P 0.0034 Exc – Outfall B P 0.0013 Exc – Outfall C P 0.0013 Exc – Outfall D P 0.0013 Exc – X-ing E P 0.0143 Subtotal Fill 0.0909 0.52 Total Fill 0.3608 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. Notes: 1.This table shows total impacts to wetlands and waters. See Attachment D (Replacement/Compensatory Mitigation) of this form for previously approved impacts, wetland replacement, and revisions addressed in this amendment. 2.The part of Wetland A to be excavated and restored will be planted to native trees, native shrubs, and a native seed mix. If any of the above identified impacts have already occurred, identify which impacts they are and the circumstances associated with each: No impacts have already occurred. PART FIVE: Applicant Signature Check here if you are requesting a pre-application consultation with the Corps and LGU based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the authority to undertake the work described herein. Signature: Date: I hereby authorize Kjolhaug Environmental Services to act on my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this application. 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. 09-24-2020 Project Name and/or Number: Parkhaven at Pike Lake (Permit Amendment) Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 6 Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report, I am requesting that the U.S. Army Corps of Engineers, St. Paul Dis trict (Corps) and/or the Wetland Conservation Act Local Government Unit (LGU) provide me with the following (check all that apply): Wetland Type Confirmation Delineation Concurrence. (Already Received) Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are generally valid for five years unless site conditions change. Under this request alone , the Corps will not address the jurisdictional status of the aquatic resourc es on the property, only the boundaries of the resources within the review area (including wetlands, tributaries, lakes, etc.). Preliminary Jurisdictional Determination. A preliminary jurisdictional determination (PJD) is a non-binding written indication from the Corps that waters, including wetlands, identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. Approved Jurisdictional Determination. An approved jurisdictional determination (AJD) is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property. AJDs can generally be relied upon by the affected party for five years. An AJD may be appealed through the Corps administrative appeal process. This application requests an AJD (Approved Jurisdictional Determination) for Wetlands A, D, F, and G, as they are not adjacent to and do not abut navigable waters or relatively permanent waters. In addition, Wetlands B, C, and E may be eligible for an AJD because, although they abut a DNR watercourse or Pike Lake, they do not contribute relatively permanent flow to the watercourse or Pike Lake. In order for the Corps and LGU to process your request, the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, any approved Regional Supplements to the 1987 Manual, and the Guidelines for Submitting Wetland Delineations in Minnesota (2013). http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx Project Name and/or Number: Parkhaven at Pike Lake (Permit Amendment) Minnesota Interagency Water Resource Application Form February 2014 Page 4 of 6 Attachment B Supporting Information for Applications Involving Exemptions, No Loss Determinations, and Activities Not Requiring Mitigation Complete this part if you maintain that the identified aquatic resource impacts in Part Four do not require wetland replacement/compensatory mitigation OR if you are seeking verification that the proposed water resource impacts are either exempt from replacement or are not under CWA/WCA jurisdiction. Identify the specific exemption or no-loss provision for which you believe your project or site qualifies: Proposed wetland impacts are known to require wetland replacement (compensatory mitigation) under the Minnesota Wetland Conservation Act, but several wetlands (noted in Attachment A) are believed to be outside the jurisdiction of the U.S. Army Corps of Engineers and the definition of waters of th e United States under Section 404 of the Federal Clean Water Act. Under the Navigable Waters Protection Rule (33 CFR Part 328, published April 21, 2020 , effective June 22, 2020), wetlands are regulated only if they abut or are otherwise inseparably bound up with relatively permanent waters such as territorial seas, tributaries, lakes, and ponds and impoundments of jurisdictional waters. Provide a detailed explanation of how your project or site qualifies for the above. Be specific and pr ovide and refer to attachments and exhibits that support your contention. Applicants should refer to rules (e.g. WCA rules), guidance documents (e.g. BWSR guidance, Corps guidance letters/public notices), and permit conditions (e.g. Corps General Permit conditions) to determine the necessary information to support the application. Applicants are strongly encouraged to contact the WCA LGU and Corps Project Manager prior to submitting an application if they are unsure of what type of information to provide: In a typical year, all wetlands on this site except Pike Lake have saturated or relatively short duration seasonally flooded hydrology and do not exhibit relatively permanent flow. Therefore, this application submits that these wetlands likely lack a specific surface water connections to navigable waters or relatively permanent waters in a typical year. Further, this application submits that Wetlands A, D, F, and G are not adjacent to and do not abut navigable waters or relatively permanent waters. Wetlands B, C, and E adjoin the DNR watercourse or Pike Lake, but this application submits that they do not contribute relatively permanent flow to the watercourse or Pike Lake. Project Name and/or Number: Parkhaven at Pike Lake (Permit Amendment) Minnesota Interagency Water Resource Application Form February 2014 Page 5 of 6 Attachment C Avoidance and Minimization 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 (gradin g plans, storm water management plans, etc.), referencing these as necessary: See attached Wetland Permit Application narrative. 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 encoura ged to attach drawings and plans to support their analysis: See attached Wetland Permit Application narrative. 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): See attached Wetland Permit Application narrative. 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. See attached Wetland Permit Application narrative. Project Name and/or Number: Parkhaven at Pike Lake (Permit Amendment) Minnesota Interagency Water Resource Application Form February 2014 Page 6 of 6 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 (acres) 1468 (Trelstad) Le Sueur 33 (Minnesota River Shakopee) 9 TBD1 0.3516 Total 0.3516 1Credit type may be Corps-Approved Type U, 2, 3, or 4, or Non-Corps Type U, to be determined based on availability and response from the Corps of Engineers. Applicants should attach documentation indicating that they have contacted the wetland bank accoun t 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. Note: The project proposes to replace wetland and DNR watercourse fill with wetland banking credits at a 2:1 ratio. The project is not proposing to replace wetland and watercourse excavation. Excavated areas will still be wetlands and waters. Comparison of Previously Approved and Proposed Wetland and Water Impacts Wetland/Water Impact By Previous Approved Impacts (Fill) Additional Impacts (Fill, Not Excavation) Total Proposed Impacts (Fill) SF Ac SF Ac SF Ac Wetland A Road B 1,022 0.02 6 0.0036 1,028 0.0236 Wetland B NA 0 0.00 0 0.0000 0 0.0000 Wetland C Road A 133 0.003 417 0.0096 550 0.0126 Wetland D Roads A&E 1,684 0.04 324 0.0061 2,008 0.0461 Wetland E Storm Sewer 0 0.00 640 0.0147 640 0.0147 Wetland F Road E 4,004 0.09 1,320 0.0322 5,324 0.1222 Wetland G Road E 1,458 0.03 749 0.0207 2,207 0.0507 DNR Watercourse Road A Culverts 2,639 0.0606 1,321 0.0303 3,960 0.0909 Total 10,940 0.2436 4,777 0.1172 15,717 0.3608 Wetland/Water Replacement Needed (acres) Total Impact 2:1 Replacement Ratio Minus Previous Credits Purchased Credits Needed 0.3608 0.7216 0.3700 0.3516 C:\Users\jwedel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\3YBFI563\Parkhaven Wetland Replacement Plan ATT2.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 & Associates, Inc. CC: Pete Young, City of Prior Lake Date: October 30, 2020 Re: Parkhaven at Pike Lake – Wetland Replacement Plan Amendment WSB Project No. 11645-000 Parkhaven Holdings, LLC is proposing to develop approximately 33 acres of land near Pike Lake. In 2018, the applicant applied for a wetland replacement plan for 0.183 acre of wetland fill and received approval from the City of Prior Lake. Since that time, the roadway standards for the site have been updated, requiring an additional 0.0869-acre wetland fill across the project area. As replacement, the applicant is proposing to purchase wetland credits at a ratio of 2:1 from wetland bank No. 1468, located in Le Sueur County (Bank Service Area 9). The total amount of replacement provided will be 0.1738 acre. The application was noticed to the Wetland Conservation Act Technical Evaluation Panel (TEP) on September 28, 2020. Comments were allowed until October 30, 2020. The TEP met on October 23, 2020 to review the application. Overall, the TEP was supportive of the amended 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 amended wetland replacement plan for the Parkhaven at Pike Lake 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.